Tenent of the Land to be adjudged to Prison a year and day for Cheating the King and Court and if the Deceit be found in a Plea of Debt or Trespass upon Attaint the Defendant shall be punished to the King and pay Damages to the Plaintiff 38. Also it was Ordained the great Charter of Franchises and the Charter of the Forest of King Henry the Son of King John should be holden in all Points and if there were any Points doubtful in them they were to be declared next Parlement after this by the Baronage Justices and other Sages of the Law and this was to be done after this manner because it was not in their power for want of time 39. That the Chancellor Treasurer Chief Justices of one Bench and the other Chancellor of the Exchequer Treasurer of the Wardrobe Steward of the Houshold all Justices Sheriffs Escheators Constables Inquirers into any Matter whatsoever it was and all other Bayliffs or Officers of the King should be Sworn when they received their Offices to keep and observe all the Ordinances made by the Prelates Earls and Barons chosen and assigned for that purpose and every one of them without doing any thing to the contrary 40. Also it was Ordained That in every Parlement there should be assigned One Bishop Two Earls and Two Barons to hear and determine all the Complaints of those that would impeach the King's Ministers whosoever they were for doing any thing contrary to these Ordinances and if all the Parties assigned could not attend to hear and determine these Plaints then Three or Two of them might and punish such as should be found to have acted contrary to these Ordinances to the King and to the Complainants according to their Discretions 41. Also they Ordained That the Ordinances abovesaid should be maintained and kept in all their Points and that the King should cause them to be put under his great Seal and sent into every County of England to be published and firmly observed as well within Franchises as without and in like manner the Warden of the Cinque-Ports should be sent to that he should publish them to be kept through his whole Jurisdiction Then follows the King's Confirmation WE these same Ordinances shewed to us and published on Monday The Ordinances confirmed by the King next before the Feast of St. Michael last past do Agree unto Accept Confirm Will and Grant for us and our Heirs That all the said Ordinances and every one of them made according to the Form of our Letters Patents shall be published and hereafter firmly observed and kept In Witness whereof we have caused to be made these our Letters Patents Given at London the 5th day of October in the 5th year of our Reign In the Parlement Roll 't is not entered or any mention made of the Protestation the King made when he confirmed these Ordinances 6 Pat. 6 Ed. II. part a. M. 20. intus Ril Plac. Parl. f. 541. That is to say That if they contained any thing to his Damage or Prejudice or contrary to the Commission granted to the Ordainers Eapro non concessis non confirmatis haberentur those things were not granted or confirmed reserving The King's Protestation that if the Ordinances contained any thing to his damage it should be void to himself in that Protestation Power by good Advice of the Ordainers and others to correct and amend the same as was more fully contained in a Publick Instrument made of this Protestation The Summons to this Parlement wherein these Ordinances were confirmed were Dated at 7 Cl. 4 Ed II. M. 1. Dors A Parlement summoned to confirm these Ordinances Berwick upon Twede the 16th day of June in the 4th of Ed. II. for it to meet the Sunday before St. Laurence or the 10th of August which was in the 5th year of his Reign at London In the mean time there 8 Cl. 5 Ed. II. M. 31. Dors A Quarrel between two Barons happened divers Debates and a Quarrel between Two Barons Nich. de Segrave and William Marshall who took Arms on both sides and engaged their Friends and Confederates so to do intending to come to this Parliament with a Multitude of Armed Men 9 Ibm. They intend to come to the Parlement with a number of Armed Men on either side The King forbids them The King taking notice it would be in Contempt of him the Hindering of the Dispatch of Business to the Terror of the People and Disturbance of the Peace sent his Prohibition to them Commanding them upon their Faith and Homage and forfeiture of their Lands and Tenements and all they could forfeit they should not come to the Parlement so Armed or in any other manner than they and others use to come in the time of his Father Witness the King at Berwick upon Twede July 20th After the Articles had been confirmed several of the Prelates Earls and Barons thought it had been a long Session and made it their 1 Cl. 5 Ed II. M. 25. Dors The Continuation or Prorogation of this Parlement Request to the King they might retire into their own Countries by whose Advice or Assent he continued the Parlement unto the Friday next after the Feast of All-Saints at Westminster Parliamentum illud usque in diem Veneris proximum post festum omnium sanctorum celebrandum duximus continuandum and gave Leave to some of the Prelates Earls and Barons in the mean time to go home Et quibusdam de Praelatis Comitibus Baronibus licentiam concessimus se interim ad propria divertendi commanding 2 Ibm. them to be at the time and place aforesaid and further commanding the Arch-Bishop of Canterbury That he should give notice to the Deans and Priors of 3 Ibm. Cathedral Churches also the Abbots and Arch-Deacons in their own Persons and the Clergy of the whole Province by their Proctors to be in that Parlement 8 days after St. Martin Witness the King at London the 8th day of October But this short time as he thought for the Summons of his Clergy 4 Ibm. pleased not the Arch-Bishop and therefore the King if there might be any Words in that Writ 5 Ibm. prejudicial to him and his Church promised they should be amended in Parlement and gave him Leave to Direct his Clergy to be at the Parlement Fifteen days or Three weeks after St. Martin according to his Discretion Witness the King at Eltham the 24th day of October The Arch-Bishop without doubt took the longest time and accordingly others of the Prelates Earls and Barons delayed their coming until the Clergy should meet unless there were a further continuance of the Parlement which I find not for on the 28th of November the King issued his 6 Cl. 5 Ed. II. M. 22. Dors The great Earls intended to come to Parlement with Horse and Arms. The King Commands them not to come in such manner Writs to Gilbert of
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
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
impassable in the Winter Season diverted his Intention and so as he sent to the Besieged wanting Victuals to yield the Castle saving their Lives and Limbs At Berwick the King remained until after Christmas and the Queen at Windsor but what he did there I find not other than that he issued his 2 Writs dated at this place December 29th A Parlement to begin the Second Sunday in Lent for the calling of a Parlement at London to meet on the Second Sunday in Lent In which the Charter of the Forest and Magna Charta with A. D. 1300. 28 Ed. I. Artic supra Chartas in the Preamble In which the Charters c. were confirmed and a new Statute made the Statute of Winchester were Renewed and Confirmed and a new Statute made called Articles upon the Charters Printed in the Statutes at Large Coke's Second Institutes and Totel's Magna Charta and then it was ordered they should be published by the Sheriffs four times in the year For the observation whereof where there was no Remedy at Common Law there were Three Knights chosen in every County summarily to hear and determine from day to day all Plaints concerning such as had offended against them the King's Ministers not excepted without allowing any delays allowable by the Common Law who had power to punish Offenders by Imprisonment Ransom or Amerciament according as the Fault required To this purpose the King 2 Claus 28 Ed. I. M. 11. Dors Three Knights chosen in every County to see the new Statute observed 3 Ibm. M. 8. Dors Which was to be read and published four times in the year issued his Writs to all the Sheriffs Coroners and Communities of Counties in England to choose Three Knights to be at York on the Morrow of Ascention to receive Instructions accordingly Witness the King at Westminster March 27th in the 28th of his Reign And likewise sent out other 3 Writs to all the Sheriffs in England by which he Commanded them to Read the Charters and publish them four times in the year on the first County days after Easter St. John Baptist Michaelmass and Christmass and as much as in them was to see them firmly holden and kept in all their Articles Witness the King at Westminster March 28. in the 28th of his Reign Within less then three weeks after he also directed 4 Ib. M. 7. Dors The Reason why the King granted the Statute called Articles upon the Charters Writs to all the Sheriffs in England to let them know That the People might be more ready for his Service and willing to assist him with Subsidies upon Occasion he had upon special Grace and Favour Granted the Articles upon the Charters so much to their advantage and Commanded them to proclaim them in the County Court and all Burghs and Mercate Towns within their Counties or Bayliwicks and to cause them to be firmly observed and performed Witness the King at St. Albans the 15th of April in the 28th of his Reign And a fortnight before he had directed his 5 Ib. M. 8. Dors He appoints Commissioners to make Perambulations of the Forests Writs to several Commissioners in all Counties where there were Forests to make Perambulations and to receive Instructions about them on the Morrow of the Feast of Ascention with a Charge that thro' their neglect they might not remain undone Witness the King at Westminster April 1. in the 28th of his Reign Yet all these Writs and Commissions satisfied not the Earls The Earls and Barons not satisfied with these things Barons and others they still murmured and pretended that the Perambulations would not be really made or speedily performed Whereupon as Walsingham saith 6 Fol. 80. n. 10 20. He calls a Parlement at Stanford The Earls and Barons came with Horse and Arms. The King grants their Demands the King held a Parlement at Stanford to which the Earls and Barons came with Force with intention as 't was said to extort the full Execution of the Charter of the Forest then delayed Ad quod Parliamentum convenerunt Comites Barones eum equis armis eo prout dicebatur proposito ut executionem Chartae de Foresta hactenus dilatam extorquerent ad plenum To whose Will the King condescended eorum voluntati in omnibus Rex condescendit and granted what they demanded At this time he sent the Statute of 7 Claus 28 Ed. I. M. 7. Dors The Statute of Winchester to be proclaimed c. Winchester inclosed to all the Sheriffs in England as it had been Confirmed and Renewed See Articles upon the Charters Cap. 17th to be Proclaimed and with Command they should see it firmly Observed and Kept in all and singular its Articles Witness the King at Stanford May the Second in the 28th of his Reign Then Eight Days after 8 Pat. 28 Ed. I. M. 14. The Commission to three Knights c. renewed at the Request of the Prelates Earls and Barons the King being at St. Edmunds-Bury at the Request of the Prelates Earls Barons and others to Quiet tho' perhaps not Please or Satisfie them he renewed his Commission to three Knights and others Elected in each County to see the Articles of the Great Charter the Charter of the Forest and Statute of Winchester observed and to punish all Offences against them not punishable by the Common Law of the Realm And this by speedy Justice and quick Proceedings upon Complaints from Day to Day without allowance of such Delays as the Common Law admitted Yet with a Saving to the Common Law that it might not hereby receive Prejudice or any Plea to be holden by these Commissions that might be Determined by it Witness the King at St. Edmunds-Bury May 10. in the 28th of his Reign There are two Writs upon the same Roll and Membrane dated The Sheriffs to assist these Commissioners And to Swear them faithfully to Execute their Office on the same Day and at the same Place to the Sheriffs of every County to be Assistant to these Commissioners so often as they should give them Notice and to impower them to Swear the Commissioners in full County well and faithfully to Execute their Office For the Receiving of the Returns of the Perambulations of the A Parlement called for the receiving the Returns of the Perambulations of the Forest Forests and Hearing and Determining all just Exceptions against them the King Summoned a Parlement to meet at Lincoln eight Days after St. Hilary or 20th of January 9 Claus 25. E. I. M. 9. Dors To meet at Lincoln Eight days after St. Hilary The Writ to the Sheriff of Cumberland containing That whereas of late for the comcommon Profit of the People of the Kingdom he had granted that the Charter of the Forest should be observed in all its Articles and had assigned Commissioners in every County of England where there were Forests to make Perambulations and to make Report to him before any
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
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
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
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
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
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
a full Pardon for all things they had done or committed Upon a second Petition of the Commons 6 Ib. chap. 2. n. 38. That several should be pardoned all those that had been of the Retinue Company Force Aid Counsel Assent or Adherence of them that were Attainted or Judged in this Parlement for all things they had done were pardoned except some there named A third 7 Ib. chap. 3. n. 38. That what was done in the last Parlement should be confirmed Petition was delivered in the same Parlement That the Appeals Pursuits Accusations Process Judgments and Executions made and given in this Parlement be Approved Affirmed and Established notwithstanding the Lords Spiritual were absent and that by Imagination Interpretation or any other Motion none of the same be reversed broken or annulled in any manner And whosoever should make pursuit to break annul or reverse any of them shall be judged to have Execution as a Traitor Provided always that this Acceptance Approbation Affirmance That what was done in that Parlement not to be drawn into Example for the time to come and Stablishment touching the Assemblies Appeals Pursuits Accusations Process Judgments and Executions be in force in this Case only and that they be not drawn into Example or Consequence in time to come And though divers Points were declared for Treason in that Parlement which were not declared by Statute before That no Justice have Power to give Judgment of other Case of Treason nor in other manner than they had before the beginning of this Parlement A fourth 8 Ib. chap. 3. n. 38 39. That none of the Appealed or Impeached to be restored to the Law Petition was then also delivered That none of the Traitors attainted by the Appeal or Accusations of the Commons who were alive should be reconciled or restored to the Law by Pardon or any other manner saving the Grace and Pardon that was made in this Parlement and any one that should endeavour to have such a thing done should be Judged and have Execution as a Traitor The 9 Ib. Roâ— Parl. 11 Ric. II. n. 10. n. 39. Ro. Answer to all these Petitions was That the King The K. grants all four Petitions upon the Assent of the Lords and Commons granted the Petitions in all Points and willed his Grant should be firm and stable according to the Contents of the Petitions without blemish for ever Then the 1 Rot. Parl. 11 Ric II. n. 46. The Commons petition the King to renew his Coronation-Oath the Prelates their Fealty and Lords Temporal their Homage Commons humbly pray the King for the nourishing of greater Love Peace and Quiet for the future in all Parts of the Nation That he would please to renew his Coronation-Oath and that the Prelates might renew their Fealty and the Lords Temporal their Homage notwithstanding they had done it before The Preparation and Introduction to this great Ceremony was the Mass of the Holy Ghost sung in the Church of 2 Ib. n. 47 Which was done Westminster on Wednesday the 3d of June and in the 121st Day of the Parlement and a Sermon Preached by the Arch-Bishop of Canterbury when the King of his Free-will after Mass and Sermon were done did renew His Oath with great Solemnity in the said Church le Roy de sa Franche volunte renovella son dit serement ove grant Solemnity en la Eglise de Westminster at which time the Prelates sware Fealty to him and the Temporal Lords did him Homage This done the Prelates Lords Temporal and Commons made openly a New Oath as followeth You shall 3 Append. n. 107. A new Oath Swear That you shall not Assent or Suffer as much as in you is that any Judgment Statute or Ordinance made in this present Parlement shall in any manner be annulled reversed or repealed in any time to come and further That you shall support the Good Laws and Vsages of the Kingdom and to your Power firmly keep and cause to be kept the good Peace Quiet and Tranquillity of the Kingdom without disturbing it in any manner So God help you and the Saints And the 4 Rot. Parl. 11 Ric. II. n. 49. Those that brake the new Oath Excommunicated Arch-Bishop of Canterbury and Prelates Excommunicated all such as should break the Peace and Quiet of the Realm and do contrary to this Oath On the next day this Parlement ended being Thursday the 4th of June which says Knighton was called the Vnmerciful Parlement Parliamentum sine Misericordia Col. 2701. line 2. This Oath was urged 5 Clause 11 Ric. II. M. 13 or 14 Dors in Cedula This Oath generally administred to Gentlemen c. upon all Gentlemen and Dignified Persons of the Clergie in all Counties in England and upon all the Majors Bayliffs and Aldermen of all Cities Burghs and Towns by the King 's Writ directed to the Sheriff and one special Commissioner to administer it dated June the 4th 11th of Richard II. This year the 6 Knighton col 2728. n. 40. The Scots enter England burn and waste the Country A Battel between the English and Scots Scots invaded the West Marches of England near Carlisle burnt and plundered the Country and carried away with them Three hundred Persons They also about the beginning of August invaded the East Marches and burnt plundered and wasted the Country In this Invasion were many of the most considerable Men in Scotland with the Chief Strength of that Kingdom Henry Percy Son and Heir to the Earl of Northumberland called Hot spurre opposed and fought with them near Newcastle he with his own Hand killed Earl Douglas the most Potent of the Scots and Mortally wounded the Earl of Murry yet he himself was taken with his younger Brother and Twenty one Knights and many other Men at Arms and Archers and carried into Scotland There were also many Scots taken amongst whom was was James Lindsey the Queen's Brother This Fight was on the 7 Ib. c. 2729. l. 2. A. D. 1389. 12 Ric. II. A Truce made at Leulingham for 3 years 1â— R. II. Wednesday before St. Laurence or 10th of August in the 12th of Richard the Second The number of the Slain were Eleven hundred This year there was a Truce concluded at Leu Linghame a Place between Calais and Boloign from the First of August A. D. 1389 to the Sixteenth of August 1392 between the King of France and all his Allies the Kings of Spain of the Romans Portugal the King of Scots c. And the King of England and all his Allies 8 The Original in the Chapter-House at Westminster confirmed by the King of Scots at Perth on the 16th of July 1390. About the 9 Walsingh f. 342. n. 10. The Duke of Lancaster's Return into England beginning of November this year the Duke of Lancaster returned from Gascony into England where and in Spain he had been Three years and about
D. 1398. 22 Ric. II. Commissioners of England and Scotland to take care of the Articles of the late Truce for both Nations met For Scotland Sir William Bortwic Sir John of Remorgny Knights and Adam Forster Esquire For England John Bussy and Henry Green Knights William Feriby Clerc and Laurence Drew Esquire Their Business was to take care of the Release and Exchange of Prisoners that had been taken on both sides since the Truce of Leulingham in the Year 1389. and to regulate the Practices of the Borders on both sides and secure them from Rapin Thefts Robberies Burnings and taking and carrying away Prisoners into either Country during the time of the late Twenty Eight Years Truce between England and France which was effectually done in Eleven Articles The Instrument it self under the Seals of Scots Commissioners in true Scottish Language being with the Under-Chamberlains in the Exchequer in a little Box tituled Scotia About 2 Hypodig Neustr f. 553. lin 5. The Death of the Duke of Lancaster Candlemas next following John Duke of Lancaster died and the King with the Committee that had the Authority of Parlement met at Westminster on Tuesday the 8th Day of March when it was declared That Henry Duke of Hereford 3 Rot. Parl. n. 87 88. after the Judgment given against him at Coventry had procured Letters Patents from the King that during his absence by his Attorneys he might Sue and have Livery of any Lands descended to him and his Homage respited Which Letters Patents were declared to be against Law Whereupon the King by Advice of the Committee and Assent of Parlement Revoked those Letters Patents as also the like Letters Patents made to the Duke of Norfolk On 4 Placâ—â— Coron 21 Ric. II. n. Judgment against Sir R. Plesington the same Day Robert Plesington Knight though dead before was adjudged Traitor for being in the Action with the Duke of Glocester Earls of Arundel and Warwic at Haringey and all his Castles Mannors Lands Tenements Goods and Chattels to be forfeit After which many Bishops and Lords Temporal Sware as follows Which 5 Append. n. 113. The Oath of the Bishops Lords and Knights Judgments Ordinances and Establishments so Made Ordained and Agreed on the said Tuesday the 18th of March and all the Statutes Establishments Ordinances and Judgments Made and Rendred in the said Parlement or at Coventry or otherwhere by Virtue and Authority of the same Parlement firmly to hold and keep as well the Lords Spiritual as Temporal and certain Knights for Counties by Authority of Parlement there being the same Tuesday were Sworn in the Presence of the King upon the Cross of Canterbury de les tenir sustenir de esteer ove ycelles to hold uphold and stand with them without Fraud or Deceit according to the Form and Effect of the Oaths by them made before as contained in the Parlement-Roll The Names of the Bishops Lords and Knights do here follow The Arch-Bishop of Canterbury The Arch-Bishop of York The Bishop of London The Bishop of Winchester The Bishop of Ely The Bishop of Norwich The Bishop of Excester Chancellor The Bishop of Rochester The Bishop of Hereford The Bishop of Salisbury The Bishop of Lincoln The Bishop of St. Asaph The Bishop of St. Davids The Bishop of Chester The Bishop of Chichester The Bishop of Landaff The Abbat of Westminster The Abbat of St. Edmondsbury The Duke of York The Duke of Albemarle The Duke of Excester The Marquess of Dorset The Earl of Stafford The Earl of Salisbury The Earl of Northumberland The Earl of Glocester The Earl of Westmerland The Earl of Worcester The Earl of Wiltshire Treasurer The Earl of Suffolk The Lord Grey of Ruthin The Lord Ferrers of Groby The Lord Lovell The Lord Camoys Sir John Bussy Sir Henry Green Sir John Russell Robert Teye After this the Chancellor by the King's Command required openly all those that had been Sworn and would observe the Judgments Oath and Ordinances should hold up their Right Hands which was done by all the People in the King's Presence On the 23d of April 6 Placit Coron ut supra n. The Judgment of H. Bowet following the King and Committee that had the Authority of Parlement were at Windsor where Henry Bowet Clerc was brought before them where it was shewn the King That the Duke of Hereford since the Judgment given against him at Coventry had by Petition amongst other things obtained from the King Letters Patents That if any Lands of Inheritance descended or fell to him in his absence for which he ought to do Homage he might by his Attorneys Sue for and have Livery of them and his Homage and Fealty respited Which Letters Patents being granted by Inadvertency without due Advice or mature Deliberation as they ought to have been and being then viewed and diligently examined it was found that they were clearly against the said Judgment because the Duke of Hereford after that Judgment was not a Person capable to have or receive Benefit by the Leters Patents and for that they had been adjudged void as appeared by the Parlement-Roll And therefore because Henry Bowet Clerc had been the Chief Contriver and Manager of the said Petition the King by the Assent of the Committee who had the Authority of Parlement adjudged him Traitor and to be Drawn Hanged Headed and Quartered and all his Lands and Tenements as well in England as Gascony and all his Goods and Chattels to be forfeited But because he was the King's Chaplain he pardoned the Execution of the Judgment and granted him his Life with this That he should be Banished England for ever While these things 7 Hypodygâ—â— Neustr f. 552. n. 50. were doing here there came News from Ireland That Lieutenant Roger Earl of March was there slain by the Irish To Revenge whose Death and subdue the Irish the King levied a considerable Force and went into Ireland with The King goes into Ireland several Bishops and many of the Nobility Toward which Expedition he Raised Money by undue Ways and taking up Carriages Victuals and other Necessaries without paying for them by which and many other Imprudent Rash and Vnadvised Practices he had made himself and Government uneasie to the People The Duke taking advantage of King Richard's absence thinks of coming for England 8 Walsingh Hist fol. 358. n. 10 20 30. The Duke of Hereford lands in England to demand his Inheritance with Thomas Arundel Arch-Bishop of Canterbury and the Son and Heir of the Earl of Arundel and a small Company he took Ship in France and hovering a while about the English Coast to spie whether there were any ready to resist them at length landed at Ravenspur in Yorkeshire where there came into him Henry Percy Earl of Northumberland and Henry his Son Ralph Earl of Westmerland and other Lords so as in a short time he had an Army of 60000 Men They marched speedily to Bristol
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
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
the Kings of Denmarke and Swevelande who are many times by the Nobility dejected either into Prison or into Exile Such likewise are the Dukes of Venice and of some other Free States in Italy and the chief Cause for which Lewes Earl of Flaunders was lately expelled from his Place was for drawing to himself Cognisance in Matters of Life and Death which high Power never pertained to his Dignity In these and such like Governments the Prince hath not Regal Rights but is himself subject to that Power which is greater then his whether it be in the Nobility or in the Common People but if the Soveraign Majesty be in the Prince as it was in the Three first Empires and in the Kingdoms of Judea and Isreal and is now in the Kingdoms of England France Spain Scotland Muscovia Turkey Tartaria Persia Aethiopia and almost all the Kingdoms of Asia and Africk altho for his Vices he be unprofitable to the Subjects yea hurtful yea intolerable yet can they Lawfully neither harm his Person nor hazard his Power whether by Judgment or else by Force for neither one nor all Magistrates have any Authority over the Prince from whom all Authority is derived and whose only Presence doth silence and suspend all inferiour Jurisdiction and Power And as for Force what Subject can attempt or assist or counsel or conceal Violence against his Prince and not incur the high and heinous Crime of Treason it is a common saying Thought is free free indeed from Punishment of Secular Laws except by Word or Deed it break forth into Action Yet the secret Thoughts against the Sacred Majesty of a Prince without attempt without endeavour have been adjudged worthy of Death and some who in Auricular Confession have discovered their Treacherous Devices against the Person of their Prince have afterwards been Executed for the same All Laws do exempt a Mad Man from Punishment because their Actions are not governed by their Will and Purpose and the Will of Man being set aside all his Doings are indifferent neither can the Body offend without a corrupt or erroneous Mind yet if a Mad Man draw his Sword upon his King it hath been adjudged to deserve Death And lest any Man should surmise that Princes for the Maintenance of their own Safety and Soveraignty are the only Authors of these Judgments let us a little consider the Patterns and Precepts of Holy Scripture Nebuchadnezzar King of Assyria wasted all Palestine with Fire and Sword oppugned Hierusalem a long time and at last expugned it slew the King burnt the Temple took away the Holy Vessels and Treasure the rest he permitted to the Cruelty and Spoil of his Unmerciful Soldiers who defiled all Places with Rape and Slaughter and ruinated to the Ground that flourishing City After all the glut of this Bloody Butchery the People which remained he led Captive to Chaldea and there erected his Golden Image and commanded That they which refused to Worship it should be cast into a Fiery Furnace What Cruelty what Injustice what Impiety is comparable to this And yet God calleth Nebuchadnezzar his Servant and promiseth him Hire and Wages for his Service And the Prophets Jeremiah and Baruch did write unto the Jews to pray Jerem 25. 9. Ezceh 29 18. Jerem. 29. 7. Baruch 1. 11. for the Life of him and of Baltazzar his Son that their days might be upon Earth as the days of Heaven And Ezechiel with bitter Terms abhorreth the Disloyalty of Zedechia because he revolted from Nebuchadnezzar whose Homager and Tributary he was What shall we say of Saul Did he not put all the Priests to Execution because one of them did Relieve Holy and Harmless David Did he not violently Persecute that his most Faithful Servant and Dutiful Son in Law During which Pursuit he fell twice into the Power of David who did not only spare but also Protect the King and reproved the Pretorian Soldiers for their Negligent Watch and was touched in the Heart for cutting away the lap of his Garment and afterwards caused the Messenger to be slain who upon Request and for Pitty had lent his Hand as he said to help So did Domitian put to death Epaphroditus Nero's Libertine because he helped Nero although in Love to kill himself So did Seâ—erus kill all the Killâ—rs of Pertinax his Predâ—â—â—ssâ—r and likewise Vitellius did put to Death all the Murderers of Galba Theophilus Emperor of Graecia caused all those to be sâ—ain who had made his Father Emperor by killing Leo Armenius And Alexander the Great put to cruel Execution those that had sâ—ain Darius his Mighty and Mortal Enemy forward the voluntary Death of that Sacred King As for the contrary Examples as that of Jehu who slew Jehoram and Ahazia Kings of Israel and Juda they were done by express Oracle and Revelation from God and are no more set down for our imitation then the Robbing of the Aegyptians or any other Particular and Priviledged Commandement but in the general Precept which all Men must ordinarily follow not only our Actions but our Speeches also and our very Thoughts are strictly charged with Duty and Obedience unto Princes whether they be Good or Evil The Law of God ordaineth Deut. 17. 12. Psal 105. Exod. 22. 28. Act. 23. 5. Roman 13. 1 13. Titus 3. 1. 1 Pet. 2. 13 14 17. 2 Tim. 2. 2. That he which doth Presumptuously against the Ruler of the People shall dye And the Prophet David forbiddeth to touch the Lords Anointed Thou shalt not saith the Lord rail upon the Judges neither speak Evil against the Ruler of the People And the Apostles do demand further That even our Thoughts and Souls be obedient to Higher Powers And lest any should imagine that they meant of good Princes only they speak generally of all and further to take away all doubt they make express mention of the Evil. For the Power Rom. 13. 2. John 19. 11. and Authority of Wicked Princes is the Ordinance of God and therefore Christ told Pilate That the Power which he had was given him from above and the Prophet Esay calleth Cyrus being a Prophane and Heathen Prince the Lord 's Anointed Esay 45. 1. For God stirreth up the Spirit even of Wicked Princes to do his Will and as Johosaphat said to his Rulers they execute 2 Chron. 36. 22. not the Judgment of Man but of the Lord in regard whereof David calleth them Gods because they have their Rule and Psal 28. Authority immediately from God which if they abuse they are not to be adjudged by their Subjects for no Power within their Dominion is superior to theirs but God reserveth them to the sorest Tryal Horribly and suddenly saith the Wiseman Sap. 6. shall the Lord appear unto them and a hard Judgment shall they have The Law of God commandeth That the Child should be put to Death for any contumely done unto the Parents But what if the Father be a Robber
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
and thought to undo the Pilgrimage yf he migt be enye manere way and to the King went and said that they shulde ben in grete Slander thorugout all Christendome for the Deth of Thomas of Lancaster yf that he suffred the People done hire Pilgrimage at Pountfret and so he The Church Doors shut where the E of Lancaster was buried to hinder Pilgrimes to honor his Body Counceiled the King that he commanded to close the Chirche Dores of Pountfret in the wch Chyrche the Holy Marter Sent Thomas was Entered Interred And thus they deden al Froncheyse of Holy Chirche so that foure yere after migte no Pilgrimage come unto that Holy Body And for Encheson because that the Monks suffred Men and Women to honor that holy Body of Sent Thomas the Marter thorug counceile of Sir Hugh the Spenser the Sone and thorug counceile also of Master Roberd Baldok the false pelede pilled Clerke that was the Kings Chancelere the King concende consented that they shulde be * That is to live upon their own Stipendâ— Salaries and Income and not to receive any Offerings or Ciâ—s c. sette to here Wages and lete make Wardeyns over her own good longe tyme and sent a Guard upon them and thorug comandment of the foresaide Sire Hughe the Spenser fourteen Gascoignes well armed kept the Hulle †When the People were shut out of the Friars Church and a Guard set upon the Tomb they went to the Hill where he was put to Death and offered there there that the Good Man Sent Thomas was done to Deth and biheveded beheaded so that no Pilgrime migte come by that way fulwel wende he thought he to haf by nome taken away Christis migte and his power and the grete loose many Meraclis that he shewed for his Marter Thomas thorug all Cristendome And it was not at Pontfract only that the People were affected and possessed with the Saintship and Miracles of this Earl but in the Church of St. Paul's also in London they did the same things which caused the King to write 4 Append. n. 63. The Earl of Lancaster worshipped in St. Paul's London to the Bishop and the Dean and Chapter That he took it ill that many of the People of God committed to their Charge deceived by a Diabolical Cheat foolishly coming to a Table in their Church in which the Images of divers and amongst the rest the Effigies of Thomas late Earl of Lancaster his Enemy and Rebel was Painted and Worshipped and Adored as a Holy Thing affirming Miracles The King writes to the Bishop of London the Dean and Chapter to hinder it to be done there to the Discredit of the whole Church to the Disgrace of him and them the manifest Danger of the People aforesaid and pernicious Example of others And that they knowing these Abuses by connivance had permitted them to be done yea rather for Gain and filthy Lucre sake they had Dissembled in this Matter therefore he Commanded and firmly Injoined them considering the Premisses and that taking notice the Church was of his Patronage and that the Bishop was by reason of Fealty sworn to him to preserve his Honour and to prevent his Disgrace to forbid the People to come to the Table to make Prayers and Oblations or other things tending to Divine Worship without the Authority of the Roman Church as they ought by the Duty of their Offices and knew belonged to them by Canonical Sanction Witness the King at York the 28th of June in the 16th of his Reign But within a month after the King was Dethroned and his Son at Fourteen years of Age placed in the Throne the Pious Lady his Queen in her Son's Name for what Reasons may easily be guessed 5 Append. n. 64. The Queen extolling the Earl of Lancaster's stout Behaviour for Holy Church and his Miracles writes to the Pope to Saint him wrote to the Pope extolling his glorious Virtues and declaring what a Stout Champion he had been for the Liberty of Holy Church and the Laws of the Land and also how many Miracles had been wrought and People healed by Pious invocation upon him and infinite Remedies granted to the great number of those that resorted to his Tomb desiring Process might be made for Sainting of him Dated at London the last day of February in the First year of the Reign of Edward III. Her Messengers for Transacting this Affair who went with this Letter were Walter Burle Professor of Divinity William Trussell Kt. and Mr. John Thoresby Clerk And she thought it not enough to have the Pupil Sainted but would have the Tutor also * He was made Arch-Bishop 23d of Ed. I. A. D. 1294. and died the 12th of May 6 Ed. II. 1313. She also writes to the Pope to Saint Robert Winchelsey Arch Bishop of Canterbury and the Instructer of Lancaster Robert Winchelsey Arch-Bishop of Canterbury inserted into the same Catalogue of Saints and to that purpose wrote again to the Pope in her Son's Name about Eight days after That he shined in Miracles and had restored Health to innumerable Sick People humbly and devoutly beseeching his Holiness 6 that he would vouchsafe to insert into the 6 Append. n. 65. venerable Catalogue of Saints so Pretious a Stone rejected of Men but Chosen of God Dated at Westminster the 8th day of March in the First of Edward III. Toward the end of that month Walter Reynold then Arch-Bishop of Canterbury and the Bishops of his Province 7 Hist sacra Vol. 1. f. 173. The Arch-Bishop of Canterbury Walter Raynold and the Bishops of his Province write to the Pope to the same purpose wrote to the Pope moved by the Example of Thomas Earl of Lancaster of famous Memory who had wrote to him before upon the same Subject representing his Life to him and what he had suffered and done for the Rights and Liberties of the Church and sending him a few Miracles amongst innumerable others that God had wrought for him and upon Bended Knees humbly Supplicated his Holiness that upon their Information he would Estimate Diffine Order and Command what was further to be done in that Case for the Honour and Glory of the Divine Name and the wished for Exaltation of Catholick Faith I find not that either of these Men were actually Sainted and it may be supposed the Pope considering how they had behaved themselves could not think it fit and void of Scandal to Estimate Diffine Order and Command their Saintships Nor was it the Sense of all Men in those times that the Earl of Lancaster deserved it as it is Reported by 8 Lib. 7. Cap. 42. Ranulph Higden's Report of the Earl of Lancaster Ranulph Higden the Monk of Chester who lived at the time De cujus iri meritis saith the Monk an inter sanctos sit annumerandus crebra in vulgo Disceptatio est c. of which Man's Merits speaking of of this 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
K. Edward according to the French Historians him at Sea did not admit them to these Terms as the French Historians Froysard Du Chesne de Serres and Mezeray report until they sent Six of their Chief Burgesses bare-headed and bare-footed in their Shirts with Ropes about their Necks to deliver the Keys of the Town and Castle to him with a total Submission to his Pleasure He was greatly resolved to put them to death but his Queen then in the Camp by an importune Intercession obtained their Lives 'T is very remarkable That as the same Historians say at a Meeting of the Townsmen to appoint or chuse the Six to send out they were in great Difficulties and Perplexity Eustace of St. Peter the most Noted of them to save his Fellow Burghers offered himself to be one by whose Example there soon followed others to make up the Number 9 The same Historians The Keys thus delivered and the King in possession of the Town all the old Inhabitants were removed by his Authority and it was new Peopled with English to whom he gave all their Goods 1 p. 116. a. c. 8. Avesbury reports none of those Terms but gives a more fair account of of the Usage them Robert of Avesbury hath nothing of this Relation of the Six Burghers being demanded or thus sent out he only says That the Besieged wanting Victuals and hopeless of Relief ipsam villam ac se sua omnia voluntati Domini Regis Angliae reddiderunt idem Dominus Rex semper misericors benignus captis retentis paucis de Majoribus Communitatem dictae villae cum bonis suis omnibus gratiose permisit abire rendred the Town themselves and all they had to the King's Will who always merciful and kind retained only a few of the Chief Persons and graciously permitted the Community of the Town to go away with their Goods Soon after the taking of 2 Rot. Cales 22 Ed. III. M. 4. Calais by the Mediation of the Cardinals the Earls of Lancaster and Huntington Ralph Lord Stafford Walter de Manny and others had Commission to Treat of a Truce with the Commissioners of Philip de Valois which was concluded A Truce made at Calais affirmed and sworn to on the 28th of September 1347 to continue till 15 Days after Midsummer next following 3 Aves p. 116. b. â—17 a. c. 69 70. The Chief of the Articles were the same with the Truce made before Tournay In a very short time after having settled the Town with his Affairs in those Parts making Sir Amery de Pavy an Italian Governour thereof 4 Wals f. 167. n. 50. K. Edw. returns into England he returned into England with great Glory and Renown The Number of King Edward's Army at this time in France Normandy and before Calais besides the Lords 5 Append. n. 92. The number of his Army What their Pay for a year and 21 weeks was 31294. And the whole Pay and Wages of this Number from the 4th of June in the 20th Year of his Reign to the 12th of October in the 21st of his Reign being a Year and 131 Days amounted to 127201 l. 2. s. 9 d. ob as appears by the Particulars Within 5 or 6 Weeks after his Return on the 13th of November he sent forth 6 Claus 21 Ed. III. Part 2. M. 9. Dors Summons for a Parlement Writs of Summons for a Parlement to meet on the morrow of St. Hillary or 14th of January The cause 7 Rot. Parl. n. 4. The cause of Summons of Summons by William de Thorp Lord Chief Justice was declared to be for two things First concerning the War with France undertaken by Consent of the Lords and Commons The Second how the Peace of the Nation might be kept And that within four Days they should give their Answer to the King and his Council what they thought of these things The fourth Day the Commons declare 8 Ibm. n. 5. The Commons not able to advise any thing concerning the War That they are not able to advise any thing concerning War and therefore desired to be excused as to that and that the King will be advised by his Nobles and Council and what shall be by them Determined they would Consent unto Confirm and Establish To the second they answer 9 Ibm. n. 70. The Commons Advice to the King about keeping the Peace Having been long in Parlement they desire to be dismissed Whereas they were charged to advise the King how the Peace of the Land might be better kept That in every County there should be Six Persons of whom Two to be the Greatest of the County Two Knights and Two Men of the Law or more or less as need should be and they to have Power and Commission out of the Chancery to hear and determine Matters concerning the Peace c. And then because they had been so long in Parlement to their great Costs and Mischief they desire the Answer to their Petitions and a Dismission 'T is probable the King received not the Satisfctaion he expected Summons to Parlement from this Parlement for within a Month and 3 Days after the firstday of the Meeting thereof he issued 1 Rot. Claus 22 Ed. III. Part 1. M. 32. Dors Writs for Summoning another that is to say on the 14th of February to meet on Monday next after the Sunday in Midlent On which Day because the Great Men Summoned were not fully come the Parlement was continued until the next Day and for the same reason unto Wednesday Pur ceo que les Grantz gestoient somons ne furent pas pleynement venuz fu continuez tanque le Mardy prochien suant pui pur mesme la cause du dit Mardy tanque a Meskerdy When Monsieur 2 Rot. Parl. 22 Ed. III. n. 2 3. The cause of Summons declared William de Thorp Chief Justice propounded the Causes of Summons fully also contained in the Writ which were two The first That according to the Truce made at Calais between the King and his Adversary of France certain Messengers were to be sent to the Court of Rome on both Parts to treat of a smal Peace between them That King Edward had sent his competent Messengers to find the Disposition of the Pope concerning some Preparatories for the Treaty and other things about the Feast of St. Andrew last past in hopes to have heard from them in his last Parlement of whom or of what they had done he had then received no certainty and for that many notable things had been agreed last Truce in favour of him his Subjects and Allies by the Malice of the adverse Party were not then accomplished And also for that his said Adversary contrary to his Faith given concerning the then hoped-for Peace had provided a very great Multitude Trop grant multitude des Gentz d'Armes of Men at Arms and others with Ships and Gallies
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
Christus flest and blode And furthermore we beleve that the hole body of Christ is hole in the Sacrament and hole in everyche partye of the Sacrament of the autere And also we beleve that Christ is verayliche in the same Sacrament in his bodely presence to savacion to alle hem that worthelyche receyven that same Sacrament to hem that unworthelyche receyven to her dampnation and this oure beleve and in this we bene thorou grace of God we will dye in remission of our synnes And therefore we pry alle cristen men to whom this confession schal come to that Èe bere us witness of this beleve at the day of dome before the heyÈest judge Jhesu Christ and pray for us for charite In the Name of God Amen Y John Aston Prist unworthely required of my Lord the Erchebishop of Canturbery the nyntene day of June in the Èer of grace c. ut supra in the hous c. to say what I felyde in the matyr of the Sacrament of the autere Y have knowlechyde Èit I do that the selfe bred that the Prist holdes in his hondes is made thorou the vertue of the Sacramental wordus verely the self cristus body that was borne of the maden Marye and takun and suffrede deth on the Crosse and thre days lay in the sepulcre and the thridde day ros from deth to the lyve and steyed up into Heven and syttes on the ryght hond of God and in the day of dome schal come to dome the quikke and the ded and over this I beleve generally alle that holy writte determynet in worde and in understonding or what ever holy Kirke of God determynes of all this when I was required specially to say what I felde of this proposition Material brede leves in the Sacrament aftur the Consecration I make this protestation that I never thouÈt ne tauÈt ne prechide that proposition For I wote wele that the mater and speculation thereof passes in heyÈte myn understondyng and therefore al 's mykele tellys openly for to leve in this matyr I beleve and of this matyr or of any other touching the ryght beleve of holy Kirke that is nouÈt expresside in holy writte I beleve as our modur holy Kirke beleves and in this belyve I will dye and of this thing I beseke all men and alle wymmen to whom this confession come to to bere me witnesse before the highest juge at the day of dome As Wyclifs Followers increased very much their Opinions multiplied and they Published and Preached different Opinions one from another 9 Col. 2657. n. 60. 2658 2659 2660 2661. The same Author notes above Sixty he heard preached at Leâ—â—esteâ— different from or over and above what were first published by Doctor Wyclif And further this Author Reports 1 Col. 2706. n. 60. 2707 2708. That the number of the Lollards mightily increasing they also taught many new and very strange Opinions Twenty five he notes whereof several not taught before amongst which with some others the Sixteenth is that of the Quakers about Swearing Quod non licet aliquo modo jurare it is not lawful to swear in any manner and when they witnessed any thing these were their Words I am sykyr it is soth I am sure it is Truth Or thus Without doubt it is so All I find further of the Wyclyfists or Lollards in this Reign are chiefly several Writs or Commissions upon the Arch-Bishop's Petition granted to him and his Suffragans and others to imprison the Preachers and Dispersers of Errors and Heresies Pat. 9. Ric. II. M. 12. Also a Commission to certain Persons to search for and seize Books containing Heresie c. and bring them before the Council and make Proclamation That none should buy or sell them under Pain of Imprisonment and to arrest and imprison all such as complied not with the Proclamation Pat. 11. Ric. II. M. 20. There were many in the City of London about this time that frequented Conventicles in Private Places where the Opinions and Conclusions of VVyclif and his Followers were Debated and Taught The King sends his Writ to the Major and Sheriffs of London to make Proclamation from time to time within the City and Liberties That no one of whatever State Degree Sex or Condition they might be should presume to make any such Conventicles or Meetings under pain of forfeiting whatever they could forfeit and imprisâ—nment of their Bodies during the King's Pleasure Claus 15. Ric. II. M. 18. Dors in all these Writs and Commissions King Richard took upon himself the Title of Defender of the Faith in these Words as an Introduction to what he would do against Errors and Heresies Nos zelo fidei Catholicae cujus sumus esse volumus Defensores We for the Zeal of the Catholick Faith of which we are and will be Defenders I shall mention one Record more of a Memorandum of an unusual Oath taken by some of this sort of Men when they relinquished what they had defended and taught and returned to the Practices Opinions and Vsages of the then Church Be it remembred 2 Clause 19 Rich. II. M. 1â— that on the First day of September in year of the Reign of King Richard the Second after the Conquest the 19th VVilliam Dynett Nicholas Taylour Nicholas Poucher and VVilliam Steyâ—our of Nottingham personally appearing in Chancery every one by himself took an Oath in the Form following I VVilliam Dynett befor yhowe Worschipfull Fader and Lord Archbishop of â—borke and yhour Clergie with my free will and full avysede swere to God and to all his Seyntes upon this holy Gospelle that fro this day forthward I shall worship ymages with preyng and offeryng unto hem in the worshipp of Seintes that they be made after And also I shall never more despyse pygremage ne states of Holy Chyrche in no degree And also I shall be buxum to the Lawes of Holy Chyrche and to yhowe as myn Arch-Bishop and to myn other Ordinaries and Curates and keep tho Lawes upon my power and meynteyn hem And also I shall never more meynteyn ne techen ne defenden errours conclusions ne techynges of the Lollards ne swych conclusions and techynges that men clepeth Lollards Doctryne Ne I shall her books ne swych books ne hem or ony suspect or diffamede of Lollardery resceyve ne company withall wittingly or defend in tho Matters And if I know ony swych I shall withall the hast that I may do yhowe or els your ne r officers to wytten and of her bokes And also I shall excyte and stirr all tho to good Doctrine that I have hindered with myn Doctryne upp my power And also I shall stonde to your declaration wych es heresie or errour and do thereafter And also what penance yhe woll for that I have done for meynteyning of this false Doctrine I shall fulfill it and I submit me thereto up my power And also I shall make no other Glose of