That if he or they should ever be in War against him or How and in what manner he bound himself to be true and faithful to him and his Heirs them or Ayding or Advising any of their Enemies secretly or openly that then their Bodies Lands Tenements and all they had or could have should from that time be forfeited to the King and his Heirs in such manner as neither he nor his Heirs might claim them at any time And further he Granted for him and Heirs That if at any time it should happen they should be against the King or his Heirs as aforesaid That the Arch-Bishops Bishops or any other Prelates of England or Scotland as many and such as the King or Heirs would without Cognisance of the Cause or any manner of Admonition Warning or Contradiction of any one might give the Sentence of Excommunication against him and his Heirs and put all his Lands under Interdict In Witness whereof he Sealed these Letters Patents A. A. 1306. 34 Ed. I. in the Priory of Canons at Lanercost 23d of October A. D. 1306. and of the King's Reign the 34th Done in the presence of five Barons two Knights and four Clerks with Two Publick Notaries allowed by the Pope to attest it On the 3d of 1 Claus 34 Ed. I. M. 2. Dors A Parlement for the setling of Scotland and Business concerning the State of the Kingdom November being then at the Priory of Lanercost in the County of Cumberland near Carlisle the King issued his Writs of Summons for a Parlement to meet at that City on the Octaves of St. Hillary or 20th of January This Parlement was called for the Settling and Establishment of Scotland and for other Business concerning the King and the State of the Kingdom as appears by the Writ What was done concerning Scotland I find not the Business of the Kingdom was besides the hearing many Petitions and dispatch of much private Business the great Oppression of Churches and Monasteries 2 Stat. of Carl. Riley's Placita Parl. f. 312. Cok. 2. Institut f. 580. The chief Business of the Kingdom was to prevent the Tallage and Tribute imposed upon English Monasteries by Foreign Abbats The Oppression of Monasteries as was shewed by the grievous Complaints of the Great and Noblemen arose from the imposition of Tribute by their Superiors as then called from beyond the Seas as especially by the Abbats of the Orders of Cisteaux Clâ—ny Praemonstratum of St. Augustin and Benedict who under pretence of visiting them here in England as being the Heads of their Orders imposed upon them divers grievous and importable Tallages Rents and Tributes contrary to the Laws and Customs of the Kingdom by which means what had been Charitably given to Pious Vses and for the increase of Divine Worship was turned into a Wicked Tribute not pleasing to God in censâ—m Reprobum est conversum wherefore by the Advice of the Earls Barons Great Men Chief Men and other Noblemen and the Communities of his Kingdom in his Parlement at Westminster in the 33d year of his Reign Ordained in that Parlement That no English Abbats c. should pay Taxes or Tallages to Forreign Houses or Abbats he Ordained and Determined That no Abbat Prior Master or Guardian or any other Religious Person of what State Condition or Order soever he was under his Power and Dominion should pay any Rent Tallage Tribute or Impositions charged upon them by their Superiors the Abbats Priors Masters Wardens of Religious Houses or Places or agreed between themselves Nor that they should go beyond Sea to visit such Monasteries or under any pretence whatsoever so as the Goods or Revenue of their Monasteries might any way by Exchange or Merchandize be conveyed out of the Kingdom upon pain of grievous Punishment to such as should do contrary to this Statute in contempt of the King's Prohibition Further the King inhibited all and singular Foreign Abbats Priors The King's Inhibition to Foreign Abbats c. to Exact such Contributions Masters and Wardens of Religious Houses under whose Subjection and Obedience the Houses of the same Order were in his Dominions that they should not impose any Payments or Burthens upon them under forfeiture of all they had in his Dominions or could forfeit for the future Yet by these Statutes and Ordinances it was not the King's 3 Riley â—t supra f. 314. The King intended not by that Institution to extinguish the Visitation of those Monasteries c. intention to exclude the Abbats Priors and other Forreign Religiose from the Office of Visiting only in those things which belonged to Regular Observance and the Discipline of their Order provided that such Visitors took nothing from the Monasteries Priories or Houses they Visited or carried any thing out of the Kingdom but their moderate and reasonable Expences These Ordinances and Statutes 4 Ibm. tho they were made in the 33d of Edw. I. as abovesaid yet the Publication of them was suspended until this Parlement at Carlisle that they might proceed with more Mature Deliberation after which and a full Debate with the Earls Barons aliis Nobilibus Communitatibus The King Ordains and Determines in making a Law Regni sui and other Nobles and the Communities of his Kingdom by their Unanimous Consent Ordinavit Statuit he Ordained and Determined this Statute should take place from the First day of May next coming And sent it to all the Sheriffs in England to be published 5 Ibm. as a Law made for the common Benefit of the People and Melioration of the State of the whole Kingdom Ad Communem populi utilitatem totius Dominii nostri meliorationem Witness the King at Carlisle the 20th of March in the 35th of his Reign 35 Ed. I. The other great Business was the Consideration of the 6 Append. n. 39. Petitions of the Nobility against the Exactions of the Pope Petitions exhibited by the Earls Barons Great Men and Community of the whole Kingdom of England for the State of the Crown of the Lands of Scotland Wales and Ireland and the whole Community aforesaid concerning divers new intolerable Grievances Oppressions Injuries and Extortions done to and brought upon the Earls Barons Great Men and Community by the Authority and Command of the Pope and by Mr. William Testa his Clerk or And his Clerk William de Testa Nuncio or by his Commissaries Ministers or Vicegerents in his Name The Articles or Heads 7 of the Petitions were First The The Articles of the Petitions Extravagant Number of Provisions of the best Spiritual Preferments given to Italians other Forreigners and Non-Residents to the great prejudice and disinheritance of the Founders Benefactors and their Successors and to such as had the Right of Advowson and the Gifts of such Preferments Secondly The Rents and Revenues of Religious Houses which the Pope intended to apply to the use of divers Cardinals Thirdly
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
Remembrances and Monuments they could find to his loss 2000 l. They also burnt part of the Gates of his Castles and Houses and took the Irons out of the Windows and Leads off the Houses c. and carried them away to the damage of 2000 l. and then names Ten Castles in Wales and the Marches which they took and destroyed and with the same Force and Power they stayed in his Lands totally to destroy them about 15 days in which time they forced the greatest part of all the Country to Swear to be of their Party and those that would not they imprisoned put to ransom and burnt their Houses and Goods and in the same time they robbed and plundered him of all the Moveables in and upon his Mannors 60 large Working Mares with Colts and Foals of two years 160 Heifers 400 Oxen 500 Cowes with their Breed for two years 10000 Sheep 400 Hogs and all other necessary things found upon them as Carts Ploughs Vessels all these they took drove and carried away without leaving any thing from his Mannors Lands and Towns in Wales which were 24 in number to his damage of 2000 l. They burnt his Granges and destroyed his Crop upon the Ground to his damage of 2000 l. and the Debts which were owing him there by force and cruelty they made his Debtors pay unto them to the value of near 3000 l. with Fee-Farm Rents and other Customs which amounted to near 1000 l. And from Wales with the same Power and Force they came into England upon his Castles Towns and Mannors there and cut up his Woods Vnchaced his Chaces Disparked his Parks pulled down his Houses robbed and rifled as much as they could any where find to his damage of 10000 l. and then seized upon his Friends and his People whereof some they put to ransom some they rifled and some they imprisoned to the great grievance of them and then by the same Cruelties and Hardships they made the greatest part of the People against their wills to be of their Party and Sworn to them And also with their Force and Power they came to the Parlement at Westminster and there upon false Accusations without calling the said Hugh to Answer against all manner of Right and Reason and against the Law of the Land Erroneously Awarded him to be Disherited and Exiled England wherefore he prays the King as he is bound by Right of his Crown and by the Oath he made at his Coronation to maintain all People in their Rights That he would please to cause to be brought before him the Process of the Award made against him that it may be Examined and that the said Hugh may be received to shew the Errors in it and if there shall be any found he would please to Repeal and Redress them and to do further according to Right and Reason and the said Hugh afterward shall be ready to stand to Right and to answer every Complaint and Accusation according to Reason And he sheweth the Errors of the said Process For that the The Errors of the Award Great Men who pursued and destroyed him prayed Pardon of the King for all those things which might be Judged Felonies or Trespasses in that Pursuit which they made by their own Authority by which wrongfully they made themselves Judges of him where they could not or ought not to be Judges also Error in that the said Hugh was not called into Court or to answer where the Award was made also Error in that the Award was made without the Assent of the Prelates who were Peers in Parlement Item Error in that there was no Record of their Pursuit or the Causes contained in the Award also Error in that the Award was made against the Form of the Great Charter wherein is contained That no Man shall be forejudged nor in other manner destroyed unless by Judgment of his Peers or by the Law of the Land with Request to the King to take notice that the Great Men were summoned to come duely to the Parlement but did not when they came with Horse and Arms and all their Force Whereupon the said Hugh came and rendred himself Prisoner to the King praying he would receive him into his Protection to prosecute his Complaint and that Right might be done him in these Matters and the King received him as he ought to do sicome faire devioms and caused his Petition to be carried to the Arch-Bishop of Canterbury the Bishops and other Prelates and the Clergy of the Province of Canterbury then being in a Provincial Council at London charging them by the Faith they ought him to advise about the Petition and let him know their thoughts concerning it and when they had well Advised concerning it they answered That it seemed to them that the Process and Award of the Exile and Disinheritance of Hugh the Son and Father were Erroneous and Wrongfully made wherefore they agreed and unanimously assented as Peers of the Land and prayed as Peers Spiritual That the Award which was made wickedly and wrongfully against God and all manner of Right contre Dieu tote manere de droit might be by the King repealed and annulled for ever and said further That they nor none of them ever assented to the Award but that every one of them at the time when the Award was made in Writing made Protestation That they could not or would assent to it for many Causes and the Earl of Kent the King's Brother the Earls of Richmond Pembroke and Arondel before the King and Prelates said the Award was wrongful and against Law and Right and prayed him with the Prelates and as they had done before to null and make void the Award and the Earls affirmed That for fear of the Force which the Great Men suddenly brought to the Parlement to make the Award which was to them unknown and unexpected they gave their Assent to it and also advised the King to suffer it to pass for which Offence and Mistake they prayed his Pardon And then afterwards another Petition was delivered to the King on behalf of 3 Ibm. Claus 15 Ed. II. ut supra Hugh Spensâ—r the Father's Petition to the King Hugh the Father setting forth That the same Great Men before named and their Adherents and Confederates with Force and Arms on the Day of St. Barnaby in the 14th Year of the King came to his Mannor of Fastern in Wiltshire and Twelve others in that Shire Six in the County of Glocester Four in Dorsetshire Five in Hampshire Two in Berkshire Six in Oxfordshire Three in Buckinghamshire Four in Surrey One in Cambridgeshire Two in Huntingtonshire Five in Leicestershire One in Yorkshire One in Lincolnshire Five in Cheshire and Five in Warwickshire in all 63 Mannors there named where they made the same Havock committed the same Spoils Devastations and Destructions upon his Houses and Lands they had done upon his Sons and used his Debtors Tenants Friends and People as
King Edward marched through Scotland with a great Army ravaging burning and spoiling the Country all flying before him and none daring to oppose him At length returning to St. Johnston many Earl Barons Knights and other Nobles of Scotland having his safe Conduct came to him there and concluded a Peace with him as followeth These 1 Ibm. c. 23. The Articles of the Peace are the Points and Things accorded between the Council of the Kings of England and Scotland of one Part and Monsieur Alexander de Moubray Monsieur Geffry de Moubray Monsieur Godfry de Ros Sir William Bulloke and Eustace de Loreigne having Full Power from Monsieur David de Strabolgi Earl Duscelle and Robert Steward of Scotland to Treat Accord and Agree all Points between the foresaid Kings and the said Earl and Steward on the other Part. 1. First 'T is Accorded and Agreed That the Earl of Ascelle and the Great Men and all others of the Community of Scotland which came into the Conditions shall have Life and Member Lands Tenements Fees and Offices in Scotland which they ought to have of Heritage or other Right except those that shall be excepted by comune Assent 2. Also 'T is Agreed they shall have Pardon of Imprisonment and for all Trespasses by them done in the Realms of England and Scotland from the Beginning of the World to the Day of the Date thereof 3. Also That the Earl of Ascelles and Monsieur Alexander de Moubray shall have the Lands Tenements Possessions Offices and Fees they had in England at their Departure after the Homage at Newcastle upon Tine 4. Also 'T is Agreed that the Franchises of Holy Church in Scotland shall be maintained according to the ancient Usages of Scotland 5. Also That the Laws of Scotland in Burghs Towns Sheriffdoms within the Lands of the King of Scotland shall be used according to the ancient Usages and Customs of Scotland as they were used in the time of King Alexander 6. Also That the Offices in Scotland may be always administred by People of the same Nation and that the King of Scotland of his Royalty may make such Officers as he please and of what Nation soever 7. Also 'T is Agreed That all those that shall be in these Conditions or this Agreement of the Earl Dascelles that have Lands within the Lands of the King of England in Scotland may have again their Lands Tenements Possessions Offices and Fees as they had at their Departure after the said Homage made at Newcastle upon Tine except those that shall be excepted by common Assent 8. Also If they should be empleaded concerning their Lands and Tenements aforesaid they shall have their Defences and Recoveries in Court where they ought to have them The rest are of things that concerned particular Persons and not much material to be known now This Accord or Articles of Peace were writ in the Town of St. John in Scotland the 18th Day of August in the Year of Grace 1335. and 9th of Edward A. D. 1335. 9 Edw. III. III. On the first of November next following King David in consideration D. Bruce did Homage and sware Fealty to K. Edw. that his Predecessors and Progenitors Kings of Scotland in ancient times held and of Right ought to hold the Kingdom of Scotland of the Kings of England by Liege Homage and Fealty and that very many of them had made Personal Homage and done Fealty to them as appeared by ancient Records and Pleas of the Crown as well in Parlements as in the Iters or Circuits of the Chamberlains and Justices of his Predecessors and Progenitors * Append. n. 85. And by Advice and Consent of the 3 Estates in Parlement acknowledge him to be Superior Lord of Scotland by his Letters Patents made with the Advice and Consent of the Three Estates of the Kingdom in Parlement at Edinburgh did acknowledge to hold the Kingdom of Scotland of Edward III. King of England by Liege Homage and Fealty as of the Superior Lord of the Kingdom of Scotland notwithstanding all and all manner of Releases Remissions Quiet Claims and other Letters whatsoever made by any King or Kings of England to the contrary This Instrument was Dated in full Parlement on the first of November aforesaid in the 5th Year of his Reign and yet remains entire under the Great Seal of Scotland After this Treaty concluded with the Scots King Edward was at leisure to look after his Affairs in France and a meer Accident contributed much to his Claim of that Crown 2 Mezeray f. 377. Robert de Artois Earl of Beaumont who had been the greatest Friend to Philip of Valois in setting the Crown upon his Head 3 Ibm. f. 36. R. de Artois came into England and advised K. Ed. to make his Claim to France made Pretensions to the Earldom of Artois after the Death of Mahaut and brought several Grants under the Great Seal of France to confirm them which being strictly examined were found Counterfeit and Judgment given against him by the King Much moved at the Loss of his Pretensions and Honour reproached the King and provoked him to the utmost Extremity so that though he had Married the King's Sister he was Banished and his Estate confiscated who then 4 Froys vol. 1. c. 28. comes into England and advised King Edward to make his Claim to the Crown of France This being communicated to his Council they 5 Ibm. He consults his Friends advise him to consult his father-in-Father-in-Law William Earl of Haynault and his Brother John of Haynault who had done him great Service in Conducting his Mother and self into England before he attempted any thing in this Affair 6 Ibm. Accordingly he sent Henry Burghersh Bishop of Lincoln with two Bannerets and two Doctors to acquaint them with his Intentions 7 Ibm. They approve the Design advise him to make Alliances who not only approved the Design but advised the King to make further Alliances with some of the Neighbouring Princes In pursuance of this Advice 8 Pat. 10. Ed III. Part 2 M. 6. He Commissions Will. Earl of Haynault to treat about Alliances and Retainers by special Commission Dated the 16th of December he impowered William Earl of Haynault therein stiled Gulielmus Comes Hanoniae Hollandiae Zelandia ac Dominus Frisiae to Treat and Agree with such Noblemen Persons of Note and others as he should think fit about Alliances and Retainers The like Commissions and with the like Power of the same Date were sent to 9 Ibm. The like Commissions he gave to others William Earl of Juliers the King's Brother-in-Law being Husband to Joan Sister to Queen Philippa to Sir John de Montgomery Knight and to Mr. John Waweyn Canon of Darlington On the 19th of 1 11 Ed. III. p. 1. M. 11. They contract with several Noblemen others in Haynault Guelderland and Juliers April following a like Commission was issued
the Pope under his Great Seal and the Peers and Great Men of the Land under their Seals That he would cease from putting these Burthens upon the Nation and revoke what he had done And if any of the Peers or Great Men would not Seal such a Letter the Commons would not hold him a Well-wisher to the King's Profit or theirs And in case the Pope should not comply with what was desired they pray the King to encourage and maintain such as should and would endeavour to remove this Burthen and put such out of his Protection as would not They also pray him to Command all the Peers and Great Men of the Land to stay at this Parlement quietly until these things should be perfected and sealed as above Et la Comune pri a nostre Seigneur le Roy qil voille comander as touz les Piers Grantz de la Terre qils demoergent en pees a le Parlement tanque ceste choses soient perfaites enseales sicome desus est dit And for the great Damage that might happen in the mean time he would please to grant his Prohibitions to the Ministers and Proctors of the Great Bishops not to meddle in this matter until the Pope had wrote back his Pleasure The 8 Ibm. Ro. Answer to this was That the King understood the Mischief and would that the Great Men and Commons should order Remedy and Amendment and he would agree to it voet que entre les Grantz les Comunes soit ordeigner Remedie Amendment il sacorder And also the King would and agreed That Letters should be wrote to the Pope about this matter as well by himself as also by the Great Men and by the Commons And 9 Ibm. n. 10. then the Earls Barons and other Nobles and the whole Communalty of the Realm puis fu prier a nostre Seigneur le Roy en ce Parlement par Counts Barons autres Nobles tote la Comunalte du Roialme prayed the King That for to avoid and set aside the Damages Grievance and Oppression of the People and Holy Church of England de Seint Eglise d'Angleterre which were done there by the Reservations and Provisions of the Court of Rome par Provisions Reservations de la Court de Rome as well of Benefices as of First-Fruits and by Impositions of Tenths and other Burthens in Disheriting as well the King and his Crown as the said Earls Barons and other Nobles he would please to command to be considered certain Petitions of the Earls Barons and Commons of the Realm in the time of his Grandfather in his Parlement holden at Carlisle in the 35th Year of his Reign and also the Agreement and Judgment made upon them in that Parlement Their Prayer was granted and search was ordered to be made in the Rolls and Remembrances of the said Parlement where amongst other things it was found That upon the shewing of the Earls Barons and Commons their Petitions The Statute of Provisors made at Carlisle Ed. I. That Holy Church in this Nation had been founded in the State of Prelacy by his Grandfather and his Progenitors the Earls Barons and their Antecestors to inform the People in the Holy Faith and for Prayers Alms and Hospitality to be made done and kept in the Places where the Churches were founded for the Souls of the Founders and their Heirs and all Christians And that certain Possessions and Lands in Fee and Advowsons to a very great Value were assigned to the Arch-Bishops Bishops Abbots Priors and other Houses of Religion by your said Grandfather and his Progenitors Earls Barons and other Great Men of the Realm and their Ancestors and that they in the time of Vacancy of such Prelacies and Houses as Lords and Advowees or Patrons had and ought to have the Presentments and Collations of all manner of Benefices of the Advowry or Patronage of such Prelates to give them to Englishmen * Writ of the King's Council who had Great Place with his Grandfather and the Great Men abovesaid for their Knowledge and Advice when they had occasion to make use of them And that the Pope that then was had appropriated to himself the Gifts of such Possessions and Benefices by his Provisions and Reservations and gave and granted Dignities Prebendaries and Churches to such as never Resided in England and to Cardinals and others as well Strangers as Englishmen which could not Reside here as if he had been true Patron and Advowee of Right as he was not For which things if they should be suffered within a short time there would be no Benefice in the Gift of such Prelates but by such Provisions would be in the Hands of Strangers contrary to the Will and Intent of the Founders and so the Elections of Arch-Bishops and Bishops would fail Prayers Hospitalities and Alms which ought to be performed would cease and his Grandfather and other Lay Patrons in times of vacancy would lose their Presentments and Collations and the said Council would * For want of Bishops and able Dignified Persons of his own Nation of which then the King's Council mostly consisted perish and the Goods of the Nation in a great measure carried out of the Kingdom to the undoing of the State of the Holy Church of England de seinte Esglise Dengleterre and the Disinheriting of his Grandfather and his Crown des autres Nobles du dit Roialme and of other Nobles of the Realm and in Offence and Destruction of the Laws and Rights of the Kingdom to the greatest Damage and Oppression of the People and Subversion of the State of the whole Nation contrary to the Will and Ordinance of the first Founders By the Assent of the Earls Barons Nobles and Commonalty considering intirely the Errors and Damages aforesaid in the said Parlement of Carlisle it was Provided Ordained Decreed and Considered That the forenamed Grievances Oppressions and other Damages and Errors aforesaid from thenceforth should not be suffered to be done in any manner Whereupon the said Grandfather by his Writs forbad all such as it concerned to attempt or do any thing that might turn to the Blemishing of his Royal Dignity or in prejudice of the Nobles or his People and further he commanded all the Sheriffs by his Writs That if by Enquests taken any could be found doing to the contrary they should take their Bodies and bring them safely before him at a certain day to answer as well to him as others that would complain against them and to do further and receive what the Court should award in this Case Wherefore our Lord the King Edward the Third in this present Parlement at the Suit of the Commonalty making Suggestion by their Petition before him and his Council of many Errors Damages and Grievances that many times happened by such Provisions and Reservations as well of Benefices as First Fruits and other things whatsoever Of Impositions of Tenths
and other Burthens by the Pope lately made To the Slander Dishonour and Depression of the whole Church of England and Disinheriting of our Lord the King and his Crown and other Nobles of the Kingdom and in Offence and Destruction of the Laws and Rights thereof and most grievous Damage of his People and Subversion of the State of the whole Realm against the Will of God and the good Design of the Founders of these Benefices and against the Provision Ordinance Accord Decree and Consideration aforesaid made by his Grandfather and and Council and they pray the King he would please to have regard to the Church of England to the Indemnity and Disinheriting of himself the Earls Barons Nobles and Commonalty and Ordain Remedy He by assent of the Earls Barons and Nobles and the Commonalty of his Realm Provided Ordained Accorded Decreed and Considered That as well within the Franchise of the Cinque-Ports as other-where upon the Sea Coasts and thro all the Counties of the Kingdom as well within Franchise as without open Proclamation should be made That none of what Estate or Condition soever he was be he Stranger or Denizen should from henceforward bring or cause to be brought upon grievous forfeiture to the King Letters Bulls Process Reservations Instruments or other things prejudicial to the King or his People to deliver to Arch-Bishops Bishops Abbats Priors Earls Barons or any others within the Realm and that none by virtue of such Provisions or Reservations receive Benefices of Holy Church and that none upon the forfeiture aforesaid receive or take such Letters Bulls Process or Instruments touching such Provisions and Reservations nor by reason thereof make Institution or Induction or any other manner of Execution of them and that none do or suffer to be done any other thing that may be prejudicial to the King or his People or Blemish the Rights of his Crown or the Provisions Ordinances Accords Decrees and Consideration beforesaid And also it was further agreed That diligent search should be made in all Places needful for all and every one coming into the Kingdom and that all who shall be taken by such Search or Enquest to be taken or by other Information bringing Letters Bulls Process Reservations Instruments or other things prejudicial to the King or his People and all those who by them receive any Benefices and place themselves in or be received into them And also those that by Authority of such Letters Bulls Process Reservations or Instruments shall or do make any Appeals Citations or Process against the Patrons of the Benefices or those they have Presented or any others or shall Prosecute or cause to be Prosecuted in any Court whatever where they have done or procured to be done any thing in prejudice of the King or the Earls Barons Nobles and Commonalty aforesaid or of the Provisions Ordinances Accords Decrees and Consideration and against the Proclamation and Inhibition aforesaid shall be taken and arrested by their Bodies and the Letters Bulls Process and Instruments upon such Provisions and Reservations shall be taken from them or others wherever they are to be found and sent before the King's Council with their Bodies that brought them into England Wales Ireland or the County of Chester or Prosecuted any Execution of them with the Bodies of all others that shall be taken and arrested for the cause abovesaid to take and receive what the Court shall award and that hereupon Writs to that purpose be sent thro the whole Realm According to this Agreement a Proclamation and Writs were issued but without effect for in the Parlement 1 Clause 18 Ed. III. Part 1. M. 14. Dors next year which began Eight days after Holy Trinity the Commons prayed the King 2 Rot. Parl. 18 Ed III. n. 33. That the Provisions Ordinances and Accord made in the Parlement of the 17th year of his Reign concerning the Provisions and Reservations de la Court de Rome of the Court of Rome might be confirmed and made a perpetual Statute It was also 3 Ib. n. 36. ordered That the King present to the Prebends Dignities Churches and Chappels of such as lived in his Enemies Countreys or seize them into his Hands and employ the Profits in Defence of the Land and Holy Church except so much as should maintain the Houses and provide for Divine Service 4 Ib. n. 37. and that any one who should bring any thing prejudicial to this Order from beyond Sea should be taken and carried back again And further That these Writs and Proclamation were of no effect it appears by another 5 Append. n. 99. Proclamation this year directed to the Sheriffs of London in which all these Provisions Ordinances and Agreements are recited and in which it is said further That some Provisors such as had received Benefices c. by the Pope's Provisions as well Strangers as Denizens their Proctors and Messengers not considering the said Provisions Ordinances Concords Decrees Proclamation and Inhibitions nor the Punishments contained in them had brought Letters Bulls Process Reservations and Instruments into the Kingdom prejudicial to the King and his People and had delivered them to Arch-Bishops Bishops Abbats Priors and others as well Denizens as Strangers to be Executed since and contrary to the Proclamation and Inhibition aforesaid and the Arch-Bishops Bishops and others receiving them by virtue thereof admitted and inducted very many Provisors and their Proctors or Substitutes into Benefices which they possessed to the disinheriting and intolerable prejudice of the King his Crown and People against the Form of the Provisions Concords Decrees Considerations Proclamation and Inhibitions aforesaid And you that is the Sheriffs of London have attempted somewhat against that Proclamation and Inhibition and have hitherto neglected to obey our Command therein at which we are much troubled and then he comes to the Inhibition according to the Points of the former Agreement Provision and Ordinance including all those that admitted or inducted any into Benefices according to the Pope's Bulls and Reservations under the greatest Forfeiture that could be made and concludes They should so behave themselves in the Execution of this present Proclamation and Command as he might not have cause to prosecute them as Favourers of his and the Kingdom 's Enemies Witness the King at Westminster the 30th of January in the Eighteenth year of his Reign of England and of France the Fifth By the King and the whole Council In the same manner all the Sheriffs of England received the King's Commands That they put in Execution the Proclamation in their several Counties and Shires and also Bartholomew de Burghersh Constable of Dover Castle and Keeper of the Five Ports In a Parlement holden on the 8th of September in the 20th of his Reign by Leonel his Son Guardian of England 6 Rot. Parl. 20 Ed. III. n. 30. the Commons Petition that the Alien Monks might be made to go out of England before Michaelmass next
Richard Earl of Arundel and Surrey Thomas Earl of Warwic and Thomas Earl-Marshal did accuse and appeal Alexander Arch-Bishop of York Robert de Vere Duke of Ireland and Michael de la Pole Earl of Suffolk saying I. That as False Traitors and Enemies to the King and Kingdom taking Advantage of his tender Age and the Innocency of his Person informed him and put upon him for Truth false things of their own Invention against Loyalty and Good Faith and made him entirely their own so as they had his Love firm Faith and Credit while he hated his Loyal Lords and Lieges by whom he ought to have been Governed And encroaching to themselves Royal Power in Disfranchising the King en Defranchisantz nostre dit Seigneur le Roy blemishing his Sovereignty and lessening his Prerogative and Royalty and made him so Obedient as he was Sworn to be Governed Counselled and Conducted by them by virtue of which Oath they kept him in Obedience to their false Imaginations and mischievous Deeds contained in the following Articles II. Also whereas the King is not bound to make any Oath but on the Day of his Coronation or for the Common Profit of himself and Kingdom the aforesaid Alexander Robert and Michael False Traitors and Enemies to the King and Realm made him Swear and Assure them That he would Maintain Support and Live and Die with them And also whereas the King ought to be of more free Condition than any other of his Kingdom they have put him more in Servitude than any one against his Honour Estate and Royalty against their Legiance as Traitors to him III. Also the said Robert Michael and Alexander by the Assent and Counsel of Robert Tresilian false Justice and Nicholas de Brembre false Knight of London by their false Contrivance would not suffer the Great Men of the Kingdom nor good Counsellors to come near the King nor would suffer him to speak with him unless in their Presence and Hearing accroaching to themselves Royal Power Lordship and Soveraignty upon the Person of the King to the great Dishonour and Peril of the King the Crown and his Realm IV. Also the said Alexander Robert Michael Robert Tresilian false Justice and Nicholas de Brembre false Knight of London by their false Wickedness evilly advised the King so as his appearance he ought to make to the Great Lords and his People Liege and the Favours and Right to which they requested his Answer were not to be obtained but at their Pleasure and Allowance in staying the King from his Duty and against his Oath and turning the Hearts of the Great Lords from him with Design to estrange his Heart from the Peers of the Land to have amongst them the sole Government of the Kingdom V. Also by the said Encroachment of Robert de Vere Duke of Ireland and Michael de la Pole by the Advice and Counsel of Alexander Arch-Bishop of York caused the King without Assent of the Kingdom by their Abetments without any Deserts of the Persons to give divers Lordships Castles Towns and Mannors as well annexed to his Crown as others as the Land of Ireland the Town of Okeham and the Forest thereof and other Lands which were the Lord Audley's and other great Estates to the said Robert de Vere and others whereby they are greatly enriched and the King become poor and had not wherewith to support and bear the Charges of the Kingdom unless by Impositions Taxes and Tributes put upon his People in Disheriting his Crown and undoing the Realm VI. Also by the Encroachment of the said Alexander Robert and Michael by the Assent and Advice of Robert Tresilian false Justice and Nicholas Brembre false Knight of London caused the King to give divers Lands Mannors Tenements Reâ—â—â— Offices and Bailiwics to People of their Kinred and other Persons of whom they received great Bribes and also to make them of their Party in their false Quarrels and Purposes as in the Case of Robert Manfield Clerc John Blake Thomas Vske and others to the undoing of the King and Kingdom VII Also Robert de Vere c. Michael de la Pole c. Alexander Arch-Bishop c. by Assent and Counsel of Nicholas Brembre c. encroaching to themselves Royal Power caused the King to give very great Sums of Gold and Silver as well of his own Goods and Jewels as the Treasure of the Kingdom as Tenths Fifteenths and other Taxes granted by divers Parlements to be expended in Defence and Safeguard of the Kingdom and otherwise which amounted to the Sum of 100000 Marks and more to Robert Vere Duke of Ireland and others And further they caused many good Ordinances and Purposes made and ordained in Parlements as well for the Wars as Defence of the Kingdom to be interrupted to the great Injury of the King and Kingdom VIII Also by the said Encroachment and by great Bribes taken by the said Robert Michael and Alexander divers Persons not sufficient or fit had the Guard and Government of divers Lordships Castles and Countries of War as in Guyen and otherwhere as well on this side as beyond the Sea whereby the People and Countries of those Parts Liege and Loyal to the King for the greater Part were destroyed and great Dominions of late rendred into the hands and possession of the Enemy without Assent of the Realm which were never in the hands of the Enemy since the Conquest of them as in the Marches of Scotland and otherwhere in Disherison of the Crown and great Injury of the Realm as in the Case of Harpedene Craddock and others IX Also by the Encroachment of the foresaid Alexander Robert Michael Robert and Nicholas divers People have been hindred of the Benefit of the Common Law of England and put to great Delays Losses and Costs and Statutes Judgments justly made upon the necessary Causes in Parlement have been reversed and nulled by Procurement of the said Misdoers and Traitors and this by Reason of the great Bribes by them received to the greatest Injury of the King and Kingdom X. Also the Five aforesaid accroaching to them Royal Power as false Traitors to the King and Kingdom caused and counselled the King to grant Charters of Pardon for horrible Felonies and Treasons as well against the State of the King as of the Party against the Law and Oath of the King XI Also whereas the Great Lordship and Land of Ireland hath been beyond Memory Parcel of the Crown of England and the People thereof for all that time have been the King's Lieges without mean to him or his Royal Progenitors and our Lord and his Noble Progenitors King 's of England in all their Charters Writs Letters and Patents and also under their Seals in Augmentation of their Names and Royalty stiled themselves Lords of Ireland the foresaid Robert Duke of Ireland Alexander c. Michael c. as false Traitors to the King by the said Encroachment gave Advice that the King inasmuch as was in
what he was could confide in him yea he was reputed so Unfaithful and Inconstant that he was not only a Scandal to his own Person but to the whole Kingdom and all Strangers that knew him 26. Though the Lands Tenements 8 8 Ibm. n. 43. Goods and Chattels of all Free-men by the Laws of the Land ought not to be seized without Forfeiture yet the said King intending to enervate those Laws in the Presence of many Lords and others of the Community of the Kingdom he often said and affirmed That the Life of every Subject his Lands Tenements Goods and Chattels were his to be disposed as he pleased without Forfeiture which was altogether against the Laws and Customs of his Kingdom 27. Although it had been made a 9 9 Ibm. n. 44. Law which had hitherto been confirmed That no Free-man might be taken c. nor any ways destroyed nor that the King should proceed against him but by lawful Trial of his Peers or the Law of the Land yet according to the Will Command and Appointment of the said King very many of his Lieges being maliciously accused for having spoken publickly or privately Words that might tend to the Scandal and Disgrace of the King's Person were taken imprisoned and brought before the Constable and Marshal in the Court Military where being accused they could not be admitted to give any other Answer than Not Guilty and could defend themselves no otherwise than by their Bodies their Accusers being young Men Iusty and sound whereas they were old impotent lame and infirm from whence not only the Destruction of Lords and Great Men but of singular Persons of the Community of the Kingdom very likely might have followed When therefore the said King willingly contravened this Law it was no doubt but he incurred Perjury 28. Altho the People of 1 1 Ibm. n. 45. England by virtue of their Ligeance were sufficiently bound to their King and if they offended in any manner he might Correct and Punish them by the Laws and Customs of the Kingdom yet the said King desiring to supplant and too much oppress his People that he might more freely execute and be able to follow the Fancy of his foolish and unlawful Will he sent his Letters into all Counties of his Kingdom That all his Lieges as well Spiritual as Temporal should take certain Oaths in general which were too burthensome to them and which very likely might cause the final Destruction of his People and that under their Letters and Seals they should confirm these Oaths Which Command the People obeyed lest they should incur his Indignation and for fear of Death 29. When the Parties 2 2 Ibm. n. 46. contending in the Ecclesiastick Court in Causes merely Ecclesiastick and Spiritual indeavoured to procure Prohibitions to hinder Process in the same from the Chancellor of England who out of Justice refused to grant them yet the same King often granted them under his Signet wickedly infringing the Church Liberties granted in Magna Charta which he had Sworn to Preserve damnably incurring Perjury and the Sentence of Excommunication Pronounced by the Holy Fathers against the Violators of Church Liberties 30. The said King in Parlement 3 3 Ib. n. 48. compassed about with Armed Men without Reasonable Cause or Legal Process contrary to the Laws of the Kingdom Banished Thomas Arundel Arch-Bishop of Canterbury and his Spiritual Father being then absent by his Contrivance 31. Upon perusal of the said 4 4 Ib. n. 48. Kings Will under his Great Seal Privy Seal and Signet there was in it this Clause Also we Will That the Debts of our House Chamber and Wardrobe being paid for which we allow Twenty thousand Pounds and the Leprose and Chaplanes we appointed to be maintained at Westminster and Bermondsey for which we allow Five or six thousand Marks The Residue of our Gold shall remain to our Successor upon Condition he Approves Ratifies Confirms Holds and causeth to be Holden and Observed all Laws Statutes Ordinances and Judgments made had or done in the Parlement held at Westminster on the 17th of September in the 21st of our Reign and continued or adjourned to Shrewsbury and all things done at Coventry on the 16th of September in the 22d of our Reign as also what was done at Westminster on the 18th of March in the same year by Authority of the same Parlement But if he shall Refuse to do these things then we Will that Thomas Duke of Surrey Edward Duke of Aumarle John Duke of Excester and William le Scrop Earl of Wiltshire my Debts c. as aforesaid being paid shall have the said Residue for the Defence of the Statutes Ordinances Judgments and Stabiliments aforesaid to the utmost of their Power yea to Death if it be necessary Upon all which things we burthen their Consciences as they will Answer it at the Day of Judgment By which Article it appears evidently That the same King endeavoured pertinaciously to maintain those Statutes and Ordinances which were Erroneous Wicked and Repugnant to all Law and Reason not only in his Life but after he was Dead neither regarding the Danger of his Soul or the utmost Destruction of his Kingdom or Liege People 32. In the Eleventh year of the said 5 5 Ib. n. 49. King Richard at his Mannor of Langley in the presence of the Dukes of Lancaster and York and many other Lords desiring as it seemed That his Uncle the Duke of Glocester there also present might Trust and have Confidence in him of his own accord Sware upon the Venerable Sacrament of the Lords Body placed upon the Altar That he would pardon unto him all things which were said to be committed against his Person and that he should never receive any Damage for them yet afterwards the said King notwithstanding this Oath caused the Duke for those Offences horribly and cruelly to be Murdred damnably incurring the Guilt of Perjury 33. After a Knight of the Shire 6 6 Ib. n. 50. who had a Vote in Parlement impeached the Arch-Bishop of Canterbury publickly before the King and all the States of the Kingdom upon certain Defects committed against the King with little Truth as 't was said Altho he offered presently to answer what was objected against him and desired to be admitted by the King so to do sufficiently trusting as he said to demonstrate his Innocency yet the same King contriving by all the Ways and Means he could to oppress and reduce to nothing the State of the Arch-Bishop as the Event shewed kindly spake to and earnestly desired him that he would say nothing then but expect a more fit time That day being past for five days and more together the King deceived him advising and perswading him not to come to Parlement but to remain at his own House promising that in his absence he should not receive injury but the said King in that Parlement Banished the Arch-Bishop during his
f. 403. n. 10. A. D. 1273. He receives the Homage and Service of his Vassals there and went into Aquitan to Receive the Homage and Service of his Vassals there in which he found much difficulty from several that Refused to do their Feudal Duties to him but chiefly from 2 Ibm. n. 20. and Mezer. Fr. Hist f. 315. A. D. 1272 3. The Viscount of Bearn denies his Homage He is forced to do it Gaston Monaco Viscount of Bearn who because a Predecessor or two had done Homage and Sworn Fealty to the King of Aragon and he had been much obliged to Alphonso the Second then King denied his Homage King Edward seised upon his Person and kept him Prisoner among his Retinue from whence making his Escape he was driven out of his Country And upon an Appeal to King Philip as Soveraign Lord of Aquitan or Guyenne in favour of King Edward He compelled Gaston to hold his Lands of him In the Second year of his Reign having settled his Affairs beyond Sea 3 Mat. West f. 467. n. 20. A. D. 1274. The King comes for England he took Ship at Bologn in Picardy and landed in England on the 25th of July At his landing Gilbert Earl of Glocester and John Earl of Warren received him more Honourably then other Nobility conducting him to their Castles of Tonebridge in Kent and Rigate in Surrey where they Treated and Feasted him with great Jollity many days On the 19th of August he and his Queen Elianor were 4 Ibm n 30. He and his Queen Crowned at Westminster Crowned at Westminster by Robert Kilwarby Arch-Bishop of Canterbury Alexander King of Scots and John Duke of Britan being present Toward the middle of October following he issued out 5 Pat. 2 Ed. I. M. 6. He makes inquiry after the Rights of his Crown his Military Tenants and Civil Officers c. whether they had done their Duties Writs of Inquiry by the Oaths of Twelve Legal Men to Two Commissioners in every County to Inquire what his Royalties and the Liberties and Prerogatives of his Crown were who were his Tenants in Capite and Military Service and how many and what Fees they held of him Of his Tenants in Antient Demeasn how they had behaved themselves and in what Condition their Farms were Of Sheriffs Coroners Escheators Bayliffs and their Clerks whether they had Extorted Money from any Man by reason of their Office had Wronged any Man or Received Bribes for Neglecting or being Remiss in their Offices c. The whole Inquiry containing 34 Articles About the beginning of November the King of France sent to the King of England to * Append. n. 6. A. D. 1275. The King summoned as a Peer of France appear in his Parlement to be holden on the Morrow of the Quindene of the Feast of St. Martin in Winter that is November 26. to be at the Tryal of a Case between Robert Duke of Burgundy on the one part and Robert Earl of Nevers and Yobend his Wife on the other part concerning the Dukedom of Burgundy and the Appurtenants Who by reason of his Weighty Affairs in his own Kingdom sent Maurice He sends his Excuse de Credome Otto de Grandison and Roger de Cliff to make his Excuse with his Commission or Letter of Credence dated at Westminster November 11. He was summoned as a Peer or great Vassal of France By his Writ dated at 6 Cl. 3. Ed. I. M 21. Dors A. D. 1275. The Parlement Prorogued before meeting Woodstock the 27th of December following he Prorogues his General Parlement he propounded to have holden 15 days after the Purification to the Morrow of the Octaves of Easter Quia Generale Parliamentum nostrum Quod cum Prelatis Magnatibus Regni proposuimus habere London ad Quindenam Purificationis Beatae Mariae Virginis proximo futur Quibusdam certis de causis prorogavimus usque in Crastinum claus Paschae proxim sequent c. Teste Rege apud Woodstock 27 die Decemb. Directed to Robert Arch-Bishop of Canterbury In which Parlement holden upon the Monday after Easter in the year 1276 he made Excellent Laws both for Church and State and for the Ease and Benefit of both The Preamble whereof here follows 7 Stat. at Large 3 Ed. I. A. D. 1276. Excellent Laws made both for Church and State These be the Acts in French the Establishments of King Edward Son to King Henry made at Westminster at his first Parlement General after his Coronation on the Monday of Easter Vtas in French on the Morrow of the Close of Easter which was the same day the 3d year of his Reign By his Council and by the Assent of Arch-Bishops Bishops Abbats Priors Earls Barons and all the Commonalty of the Realm being thither summoned because our Sovereign Lord the King had great Zeal in the French Will and Desire to Redress the State of the Realm in such things as required Amendment for the common Profit of Holy Church and the Realm and because the State of the Realm so in the French and of Holy Church had been evil kept and the Prelates and Religious People of the Land grieved many ways and the People otherwise Intreated then they ought to be and the Peace less kept and the Laws less used and the Offenders less punished then they ought to be by reason whereof the People of the Land feared the less to offend The King hath Ordained and Established these Acts in the French Things underwritten which he intendeth in the French understandeth to be necessary and profitable for the whole Realm First the King Willeth and Commandeth That the Peace of Holy Church and of the Land be well kept and maintained in With a saving to the King of the Rights of the Crown all Points and that common Right be done to all as well Poor as Rich without Respect of Persons This Statute is called Westminster the First and contains 51 Chapters and the 50th was A 8 In Tottel's Magna Charta 't is Chap. 49. in Mag. Charta Printed 1602 't is Chap. 50. saving to the King of the Rights of his Crown notwithstanding these Grants were made to the Honour of God and Holy Church for the common Good of the People and the Ease of such as were Grieved Thomas Wickes says this Statute was made by the Advice of the Lawyers Jurisperitorum 9 Chronic. 1. 102. Regni sui co-operante Consilio by which he gained the Hearts and Affections of the Plebesans Quo corda plebeiae multitudinis inaestimabili sibi Dilectionis sincertitate conjunxit Toward the latter end of July 1 Ib. f. 103. Gasto de Bearn submits himself Gasto de Bearn before-mentioned was sent to the King by the King of France who submitting himself and giving Security after a short Imprisonment was permitted to go into his own Country About 2 Ib. f. 104. Simon Montfort's Daughter and Prince Lewellin's Mistress made
excludere remotiorem in uno gradu exeuntem de primogenita Ad quae unanimiter Responderunt nidlo Reclamante vel contradicente Quod Remotior uno Gradu linealiter descendens de primogenita secundum leges consuetudines utriusque regni praeferendus est proximiori in Gradu exeunti de secundogenita in qualibet haereditaria successione That is Whether the more remote by one Degree in Succession coming from the Eldest Sister ought according to the Laws and Customs of both Kingdoms to Exclude the nearer by a Degree coming from the Second Sister Or Whether the nearer by a Degree coming from the Second Sister ought by the Laws and Customs of those Kingdoms to Exclude the more remote by a Degree coming from the Eldest Sister To which they unanimously answered without a Negative The more remote by one Degree lineally descending from the Eldest Sister according to the Laws and Customs of both Kingdoms is to be preferred to the nearer by one Degree coming from the Second Sister in every Hereditary Succession That the Reader may more clearly understand this Question and Answer it will be necessary to leave the Record a while and set forth the Pedigree of both these Noble Persons Henry Prince The Pedigrees of Robert Brus and John Baliol. of Scotland Son to David I. who died before his Father left Three Sons VVilliam called the Lyon Malcolm called the Maiden because never Married and David Earl of Huntington William the Lyon had Alexander the Second his only Son and Child and he had Alexander the Third his only Son and Child who Married Margaret Daughter to Henry the Third King of England and Sister to Edward the First by her he had Two Sons Alexander and David who died without Issue and one Daughter named Margaret Married to Eric King of Norwey by whom she had one only Daughter named also Margaret and called the Maid of Norwey and was Queen of Scotland who dying without Issue as was said before the whole Line of VVilliam the Lyon failed and the Crown reverted to David Earl of Huntington Heir to Margaret David Earl of Huntington had Three Sons Henry and Robert who both died young and Iohn Surnamed Scot Earl of Chester who died without Issue and three Daughters Margaret the Eldest Married to Alan Lord of Galloway by him she had one only Daughter Dergovilla Married to Iohn Baliol by whom she had Iohn Baliol one of the Competitors for the Crown in this Record so often mentioned His Second Daughter was Isabel Married to Robert Bruce by whom she had Robert her Son the other of the Two Competitors here also mentioned And Adama a Third Daughter Married to Henry Hastings from whence the Earls of Huntington By this Pedegree it appears That Robert Bruce Son to Isabel the Second Sister was a Degree nearer to his Mother and so in a Collateral Line to the Crown than Iohn Baliol who was Grandchild to Margaret the first begotten or Eldest Daughter in a Direct or Right Line to the Crown Which gives the meaning of the Question and Answer The Ground of which was a Controverted The meaning of the foregoing main Question Point amongst the Feudists Whether the next in Blood tho of a Collateral Line especially if a Male should not succeed before one more remote in the Right Line some holding one way some the other Upon the Answer above-mentioned 8 Rot. de superioritate Regis Angliae c. ut supra The Titles of John de Baliol and Robert de Brus Re-examined as 't is in the Record the King caused the Matter to be exactly Re-examined before the Prelates and Noblemen of both Kingdoms and Assigned to Robert de Brus and John de Baliol the 6th day of November to hear their Sentence Which was pronounced by the King Judicially by the Advice of the Noblemen and Prelates of both Kingdoms the Auditors aforesaid and others of the Council That Robert by his Petition should receive nothing concerning the Kingdom of Scotland Quod praedictus Robertus per Petitionem praedictam nihil capiat de Regno Scotiae And as to John Baliol there could nothing Robert de Brus Excluded be done upon his Petition until the other Competitors were heard When the King commanded John Baliol the other Demandants and the Auditors to go to the same place for the dispatch of their Petitions Amongst whom Robert de Brus personally appeared and protested he would prosecute his Claim John Baliol's Sentence deferred to the Kingdom of Scotland or a Third Part of it after another Form and Manner then he had done before Then also came 9 Ibm. John Hastings pretended the Kingdom of Scotland to be Partible and claimed a Third Part. John Hastings Son to Henry Hastings and claimed his Third part of the Kingdom of Scotland as of a Partible Inheritance because as he said the Right of the Inheritance descended to Margaret Isabel and Adama Daughters of David Earl of Hurtington as to one Heir and from them it ought to descend to John Baliol Robert de Brus and John Hastings as Heirs to the said Margaret Isabel and Adam and gave this Reason because all the Lands Tenements Fees Liberties Demeasns His Reasons why it was a Partible Inheritance and Honours that were holden of the Crown of England in Capite were Partible Then that the Homage and Service due from the King of Scotland to the King and Crown of England shew it to be under the Common Law and so Partible Robert Brus 1 Ibm. Robert Bruce made the same Claim and used the same Reasons his Arguments and Reasons were the same And he said further he claimed to hold his Third Part in Capite of his Lord the King of England Superior Lord of Scotland by Homage and Requests of his said Lord he may receive Justice according to the Common Law of England And altho their 2 Ibm. The King 's great Care before he gave Sentence Arguments and Reasons had been sufficiently answered in the Defence of John Baliol before the Auditors and related to the King yet willing to deliberate with his Council and the Auditors upon these things he Inquired of them Whether the Kingdom of Scotland was Partible who all answered it was not Upon which Answer the King appointed Monday next after the Feast of St. Martin as a peremptory day for all the Competitors to hear their Judgments in his Parlement at Berwick intending in the mean time to Deliberate and Examine things with Knowing Men of Both Kingdoms the Auditors and others of his Council that he might be fully informed what with Justice ought to be done On the 7th 3 Ibm. A. D. 1292. 20th of Edw. the First of November 1292 which was the Monday after the Feast aforesaid the Nobles and Prelates of both Kingdoms the Auditors other great Men and a great Multitude of the Populacy in the Hall of the Castle of Berwick the Publick Notary
superioritat c. ut supra The same Roll. A. D. 1293. 21 Ed. I. Anno a Nativitate Domini 1293 incipiente Die Festi Stephani protomartyris Anno Regni Regis Angliae vicesimo primo ipso apud Novum Castrum super Tinam Existente c. He did Homage to him at Newcastle in this Form in French 5 Ibm. The Form of John Baliol's Homage My Lord Edward King of England Superior Lord of the Kingdom of Scotland I John King of Scotland become your Liege-man or Vassal for the whole Kingdom of Scotland with its Pertinencies and all what belongs to it which Kingdom I claim and hold and ought of right to hold for me and my Heirs Kings of Scotland Hereditarily of you and your Heirs Kings of England and shall bear Faith to you and your Heirs Kings of England of Life and Limb and Tenent Honor against all Men that may live and die And of this Homage he made his Letters Patents of the same Date Witnessed by Sixteen Bishops Judges and the greatest Men of England and Twenty of the same Quality of Scotland who at his Request put to their Seals Within four 6 Ibm. days after Homage done in this manner to King Edward on the last of December upon a Complaint made to him by Roger Bartholomew Burgess of Berwick against some of his Auditors or Judges by him deputed in Scotland He presently appointed his Justices there present Auditors of the Complaint Justiciarios ibidem praesentes hujusmodi Querelae constituit Auditores whereof Roger Brabazon Chief Justice of the King's-Bench was one strictly commanding them they should do quick Justice according to the Laws and Customs of his Kingdom before whom and others of the King's Council there was a Petition Exhibited A Petition exhibited that King Edw. would observe his Promises on behalf of the King of Scotland and by his Advice and Direction by William Bishop of St. Andrews John Earl of Boghan Patrick de Graham Thomas Randolph and other Great Men of Scotland That whereas the King of England and Superior Lord of Scotland had lately * In the 18th of his Reign in the Treaty of Marriage between his Son Edward and the Maid of Norwey Queen of Scotland promised to the Noblemen and Prelates of that Kingdom That he would observe the Laws and Customs thereof and that Pleas of things done there might not be drawn out of it They beseeched the King of England and his Council there present in the Name of the King of Scotland That he would please to observe his Promise and Command his Officers firmly to do the same Roger Brabazon 7 Ibm. The Petition answered answered this Petition Quod dicta petitio videbatur frustratoria c. That it seemed idle and not to the purpose for that it was manifest and ought to be so to all the Noblemen and Prelates of the Kingdom That the King had performed all his Promises and not acted contrary to any of them and as to the Complaints concerning his Judges and Officers lately deputed by him as Superior and Direct Lord of that Kingdom who then did Represent his Person the Cognisance of Complaints concerning them belonged only to him and no other and he had especially reserved it to himself and also that because in Judgments of the very Superior Lord or of those that Represented his Person no Subjects could pretend to it and further said That if the King of England had made any Temporary Promises when there was no King in Scotland he had performed them and that by such Promises he would not now be restrained or bound And the King of England made Protestation 8 Ibm. The King's Protestation concerning the Petition and his Promises before all the Noblemen and Prelates of both Kingdoms then present That notwithstanding his Temporary Promises and Concessions he did not take himself to be bound his Protestations otherwise publickly made remaining in force and that he intended and would admit and hear all Complainants whatsoever and all other Business touching the Kingdom of Scotland and its Inhabitants by reason of his Superiority and Direct Dominion which he had and of right ought to have in that Kingdom as his Progenitors in their times had if they Lawfully and for Just Causes came before him and upon those Complaints every where and at all times if he pleased to do them Justice and to Vse and Exercise his Superiority and Direct Dominion and to call the King of Scotland himself if it were necessary and the Quality of the Cause required it to appear before him in his Kingdom of England Upon this 9 Ibm. John King of Scotland c. acquaints K. Edward of all his Promises c. Resolution of King Edward and the Answer of the Justices to the Petition John King of Scotland acquitted him of all Promises Bargains Agreements and Obligations he had made to the Guardians and others of the Kingdom Custodibus Probis hominibus Regni while by reason of the Superiority of his Dominion he held the Kingdom of Scotland in his hands until he had done Justice to such as Demanded the Kingdom and especially the Grant and Instrument made at Northampton the 28th Day of August And Confesseth they had been performed in the 18th Year of his Reign in which the Promises and Grants set forth in the Petition were contained With Confession that they had been all performed when he had adjudged and fully Delivered the Kingdom to him 1 Ibm. which Release or Acquittance was Scaled with his own Seal and confirmed with the Seals of the Bishops Earls Barons and other Noblemen of his Kingdom and Dated the Second of January 1293. in the Twenty First year of King Edward's Reign and the First of King John of Scotland Within a short time after this Protestation and Release there happened a great Case in Scotland which was brought by way of Appeal unto King Edward by 2 Ibm. The E. of Fife Appeals the K. of Scotland before the K. of England Magdulph Earl of Fife against John King of Scotland To whom he Directed his Writ to appear 3 Ryley Placita Parl. f. 154. 155. He appears not and a Second Writ is directed to him before him on the Morrow of Holy Trinity where-ever he should be in England to answer what Magdulph had to say against him But then not appearing the King directed another Writ to Summon him to appear before him Fifteen Days after Michaelmas to answer as before 4 Ibm. f. 157. The E. of Fife's Complaint The Earl of Fife's Complaint was That when King Edward was last at Berwick he commanded William Bishop of St. Andrews and his Fellow Guardians of the Kingdom of Scotland That they should do Right to Magdulph concerning his Lands and Tenements of Rerys and Crey of which he had been Disseised by the said Bishop as Guardian of Fife Tunc Custodem Comitatus de Fife Of which according
Carlisle 15 days after Midsummer and to make the Expedition more great and glorious he Knighted 1 Ibm. And Knighted 300 Sons of Noblemen c. with his Son on Whitsunday at Westminster Three hundred young Gentlemen the Sons of Earls Barons and Knights that had wherewithall to maintain their Honour and gave them their Military Garments out of his own Wardrobe 2 Ibm. The Scots Routed and put to Flight Many of the Scots Tried for Perjury and Rebellion and Hanged These with the Prince were to march with him into Scotland against his Enemies They set forward on the morrow of Holy Trinity but before they came there the Earl of Pembroke had fought with and routed the Scots and put their King to flight at Metfen near St. John's Town or Perth 2 or 3 days after Midsummer In this Battel many were killed and many of Note taken 3 Ib. f. 455. n. 40 50. and f. 456. n. 10 20 30. The two Bishops and Abbat the Contrivers of the Rebellion taken most of which were Tryed and Hanged for Perjury and Rebellion Afterwards the King Prince and many Great Men went into Scotland when some received them Honourably others left their Habitations and fled The Army roving up and down after the Fight pursued the Fugitives some they killed others they took alive amongst whom were the Two 4 Ib. f. 455. n. 30. The Bishop of St. Andrews sent Prisoner to Winchester Castle Bishops and the Abbat armed under their Surcoates These were sent into England and imprisoned The Bishop of St. Andrews was sent to the Sheriff of Hampshire to be kept in Winchester Castle as the King's Enemy Rebel and Traytor and by the 5 Append. n. 38. The Sheriff of Hampshire charged with him Mittimus or Warrant he was to be kept in the strongest Tower of the Castle and safely and securely put in Iron Fetters under Penalty of the Sheriffs forfeiting all his Goods Lands and Tenements if he made his Escape By the Warrant no Man was to see or speak with him but such as the Sheriff should appoint to attend him And for further Security the Sheriff was to take as many Landed Men of the Vicinage as he thought fit to assist him and the Custos or Warden of the Castle as his Guard under the same Penalty with the Sheriff if he Escaped The Bishop of Glasco was sent to the Castle of Porcester in the same County by a Mittimus or 6 Claus 34 Ed. I. M. 6 intus The Bishop of Glasco sent to Parchester Castle Warrant in the same Form and Words as also was the Abbat of Schone sent to the 7 Ibm. Castle of Mere in Wiltshire by the like Mittimus directed to the Sheriff of that County The Pope being informed of the Murder of John Comyn by his 8 In Turri Lord. 34 Ed. I. and Pryns Ed. I. f. 1122. The Pope Excommunicates the Murderers of John Comyn Bull directed to the Arch-Bishop of York and Bishop of Carlisle ordered them to Excommunicate Robert Brus and all his Complices until they made Satisfaction and deserved Absolution And the King made Inquisition 9 Mat. West â— 456. n. 10. in Scotland by Men of Credit per fide dignos homines who and what Persons committed the Murder and were present at the Coronation of Robert Brus and took them almost all and put them to death And for the greater * Claus 34 Ed. I. M. 3. Dors in French and Rilâ—y's Appen f. 510. Ordinances made by King and Council for the security of the Peace of Scotland Security of the Peace of Scotland it was agreed by the King and his Council That the Guardian of Scotland should cause to be proclaimed in all Cities Burghs and Mercate Towns and in other Places where he thought fit That all such who were against the King in the last War and were not come to his Peace and others who committed Felonies and other Crimes for which they ought to lose Life or Member and were not taken should be apprehended by any Persons where ever they came and to that purpose to Levy Hue and Cry with Horn and Mouth and pursue them with force from Town to Town Country to Country County to County until they rendred themselves or were taken dead or alive and that those who neglected to do this should lose all their Goods and be imprisoned during the King's Pleasure The Guardian was likewise to inquire after the Receivers of such Persons that they might have such Justice as they deserved It was then also Accorded That all those who were Guilty and Abettors of the Death of John Comyn should be Drawn and Hang'd and those that advised and assented to it and those who after the Fact knowingly and willingly or freely received them should have the same Judgment And those that were guilty of his Death that were or should be taken by force in this War against the King should be Hanged or have their Heads cut off and their Receivers to have the same Judgment And all that were against the King in the War at any time as well before as in and after the Battel of Metfen those who were the most notorious and dangerous of them should be put in Prison where the King should appoint and not to be released but by his Order And those who willingly were of the Party of Robert Brus or were aiding advising procuring or persuading the People to Rise contrary to Law and were thereof Convicted whether Clerks or others were to be imprisoned during the King's Pleasure And it was Agreed That the People of Scotland who were forced to rise against the King in this War should be Fined as the Guardian should see cause and according to their Offence and for the greater Authority and Execution of this Agreement the King caused it to pass under his Seal of Scotland In the same Roll and Membrane there is the Acknowledgment The Senesch or Steward of Scotland his acknowledgment of his Crimes against King Edward made by himself of the Heinous Crimes and Offences of James the Steward of Scotland against his Liege Lord King Edward against the Homage and Fealty he did and sware to him and against his Ligeance whereupon he rendred and submitted high and low and in all things his Body Lands and Tenements and all he had or might have to his Will who of his special Grace Restored to him all he held in Scotland for which being free delivered out of Prison and in his own full Power he again did Homage and and made Oath of Fealty as he had done in the 24th of his He renews his Homage and Fealty Reign and for the sure keeping and performing his Homage and Oath in all Points he bound his Body his Heirs Lands Tenements all he had or could have high and low and in all things to the Will of the King and his Heirs And Willed and Granted for him and his Heirs
ut supra f. 384. With a Dispensation to use their Offices c. Dispensation to use their Offices as Pope's Clercs and Nuncios as the Clercs and Nuncios of former Popes had done in former times notwithstanding any former Prohibition by him made Provided they did nothing against his Crown or Dignity or any of his Subjects any manner of way Dated the same Day and at the same Place Lastly He gave 3 Ibm. in Utrâ—que loco And Transport their Money by way of Exchange them leave by way of Exchange and by assistance of Merchants to send all the Money Collected which reasonably belonged to the Church of Rome or to the Pope so as they Transported not any Coined Money or Silver in the Mass by themselves or others Dated at the same Place and Time Under pretence 4 Append. N. 42. of these Letters Grants and Dispensations the Pope's Clercs aforesaid pretextu quarum literarum prefati Clerici Domini Papae c. not having respect to the Prohibitions in Parlement By reason of these Indulgences the Pope's Clerks return to their former Practices returned to their former Practices and being opposed in their Proceedings by many of the Kingdom by reason of those Prohibitions they Petitioned the King's Council holden at Westminster in the Feast of Holy Trinity next following and Exhibited their Letters c. And because it was found That by them the King had revoked nothing of the Ordinance made in Parlement Et They Petition the King and Council for allowance of them quia compertum fuit per easdem quod Dominus Rex nihil Revocavit de praedicta Ordinatione in Parliamento facta nor Granted any thing to the same Clercs by the said Letters but that they might have and receive the first Fruits of vacant Benefices as far as he could Grant them Quantum in Rege fuit and hereupon forbad them Their Petition was rejected and they commanded to desist from any such Practices to do or attempt any thing that might turn to the prejudice of his Crown and Royal Dignity or any other of his Subjects And it being found also That every of the Grievances aforesaid were in prejudice of the King and his Subjects By Command of the King being then at Carlisle it was agreed in the same Council That the Clercs should not do them nor have the first Fruits of Benefices of the Patronage of the King because it would turn to the prejudice of him his Crown and others The Clercs understanding this Agreement would not any further prosecute their Petitions or appear to receive their Answer And therefore there was a further Prohibition made That whereas there had not been a full Deliberation And for doing any thing against the K. his Crown and Dignity c. had upon their Petitions they should not attempt any thing any way prejudicial to Him his Crown and Dignity the Noblemen and People of his Realm Witness the King at Carlisle the 27th day of June in his 35th year This Prohibition was served 5 Ryley ut supra f. 385. upon them by the Mayor Aldermen and Sheriffs of London and afterwards if the said Clercs had presumed to have been Relieved against this Prohibition before they could attempt it the King died so as nothing further was done in this Matter In the time of this 6 Append. N. 43. Parlement at Carlisle either the King himself or the Lords took notice of the great Familiarity there was between the Prince and Piers de Gaveston and what Influence he had upon and Power over the Prince but whether upon the King 's own Observation or their pressing him to it I find not nor for what particular Reasons on the 26th of February at Lowercost by the King's Order and Command not on his Death-Bed as Piers de Gaveston Banished England commonly storied he was Banished England and to be ready to quit it at Dover three Weeks after the Turnament or Justs which should be Fifteen days after * Easter-Day was this Year 1307. on the 26 of March so that the day of his Departure was the First of May. Easter next coming and not to return without the King's Leave and Calling him back and for the Performance of this Order Monsieur Piers at the Day and Place aforesaid made Oath upon the Body of God i. e. The Consecrated Host the Old Cross and the King 's other Reliques and the Prince of Wales made Oath in like manner That he would not Receive Retain or Permit the said Piers to be with him contrary to this Order unless he was Recalled by and had leave from his Father to return and for his Subsistence beyond Sea so long as he staid there Monsieur Piers had allowed him an hundred Marks Sterling by the Year After Easter this Year in the Heat of the Controversie and Quarrel between the King Nobility and Pope's Nuncios as before related 7 Mâ—t. Wâ—st f. 458. Robert Brus put to flight the Eâ—of Pembroke and Glocester Robert Brus having increased his Army engaged Aymer de Vâ—lence Earl of Pembroke and put him to flight killing few of his Men Three Days after he also put to flight the Earl of Glocester with the Slaughter of many on both fides and afterwards besieged him in the Castle of Ayr until by the King's Army the Siege was Raised when with his Men he fled into the Woods and Mountains 8 Ibm. Robert Brus flies into the Woods and Mountains yet King Edward sent into England and under great Penalty Commanded all that ought him Service to be ready at Carlisle three Weeks after the Feast of St. John Baptist and there sent his Son into England also to prosecute his Match with the King of France his Daughter by the assistance of the The Prince sent into England Spanish Cardinal Bishop of Sabin 9 Ibm. After the Departure of his Son the King fell ill of a Dysenterie or Bloody-Flux yet by small Journeys he moved toward Scotland from Carlisle and at Burgh upon Sands his Disease increasing he Died the 7th of July A. D. The King Dies 1307. Church-Affairs NOT long before the Death of Henry III. the Monks of Canterbury by his License 1 Antiquit. Brit. f. 189. n. 10 20. God de presul Angl. p. 137. A. D. 1272. had chosen William de Chillenden their Sub-Prior for their Archbishop the Pope persuaded him as a Person not â—it for that Place to wave the Election and make way for Robert Kilwarâ—eby a Friar-Minor who for Eleven years had been the Collector of the Pope's Moneys or Revenues in England to be Archbishop by his Provision without the King's License the Monks Election and his Approbation afterwards contrary to the King's Prerogative the ancient Rights of his Crown the Laws of the Realm and Liberties of the Church But to provent if it might be for the Future the like Practices of the Pope within
Merchants of Friscobald's of Florence who Rented the King's Customs of Wooll Wooll-fells and Leâ—ther and had done so in the Ed. I. Paâ— 35. Ed â— M. 17. Dors Emery and those of his Company of Friscomband should render an Account of the Treasure he had received as he was ordered within the Quinden or 15 days after St. Michael or the Bodies and Goods of that Company which were found in the Power of the King should be arrested and Emery declared and holden the King's Enemy and used as such if he was found in the King's Power on this side or beyond the Sea 22. For that Monsieur Henry de Beaumont to the Damage and Dishonour of the King had received of him the Kingdom of Man after it had been Ordained otherwise by the Ordainers and other Rents Lands Franchises and Offices and procured for others Lands Rents Tenements Franchises and Offices against such Ordinance And for that he gave evil Counsel contrary to his Oath it was Ordained he should be outed the King's Council for ever and not to come near the King unless he were summoned to Parlement or in War if the King would have him or by common Assent of Arch-Bishops Bishops Earls and Barons in full Parliament and that all his other Lands should be seized into the King's hands until he should be satisfied the full Value of what he had received of those Lands given him by the King contrary to their Ordinance and if he contended against this Ordinance then for ever to be Disinherited of all Lands of the King's Gift 23. That it was found by the Examination of Prelates Earls and Barons That the Dame de Verscy had procured the King to give to Sir Henry Beaumont her Brother and others Lands Franchises and Offices to the Damage and Dishonour of the King and open Disherision of the Crown Et ausint procure Demander hors Lettres Desus la Targe contre ley lentention du Roy It was Ordained she should go to her House within 15 days after St. Michael next coming without ever returning to Court to stay there and for all these things aforesaid and for that the Castle of Bamburgh was Parcel of the Crown it was Ordained it should be re-taken into the King's Hands and should not be given to her or any other without the Pleasure and good Will of the King 24. That Acquittances should be allowed for Debts paid and Accounts made in the Exchequer and if the Treasurer and Barons of the Exchequer allowed them not or made them not in due form the Plaintifs should have Remedy upon Petition in Parlement 25. For that common Merchants and many other People are received to Plead in the Exchequer Pleas of Debt and Trespass by reason they are avowed by Officers of the place more than before which ought not to be whereby Accounts and other things touching the King are often delayed and the People much grieved it was Ordained That for the future no Pleas should be holden in the Exchequer but such as concerned the King and the Officers of the Exchequer and their Menial Servants And if any be received by Avowry of the Place to Plead therein contrary to the Form abovesaid such as are Empleaded shall have their Recovery in Parlement 26. Also For that the People are much grieved that the Marshal and Steward hold many Pleas which belong not to their Office it was Ordained they should not hold Plea of Frank Tenement or Debt or Covenant or Contract nor the Common Pleas of the People but only Debts and Trespasses of the Court or King's House within the Verge and Contracts and Covenants of such as belong to the Court and no others and that they should be speedily Pleaded from day to day and ended before the King passed out of the Limits of the Verge where the Trespass was done and if Pleas were held otherwise they should be null and such as were grieved might have Redress by Recovery of Damages in the Kings-Bench by Writ out of Chancery 27. For that before that time many Felonies had been committed within the Verge which were not punished because the Coroners of the Country were not permitted to Enquire of such Felonies but only the Coroners of the Houshold who were Partial The Country Coroners without the Verge were to be joined with them in the Case of Murder especially c. 28. For that the People were much grieved that some Persons Bandied together to Kill and Rob them by reason the King by Evil Counsel gave them their Pardons against the Law It was Ordained That for the future no Charters of Pardon should be granted for any manner of Felony but in Case where the King might do it by his Oath Process of Law and the Custom of the Land and if any other were granted it should be void 29. For that many People are delayed of their Demands in the King's Court i. e. Bench because the Parties alledge they ought not to Answer the Demandants without the King and also many of the People grieved by the King's Officers against Right of which Grievances Men can have no Remedy but by frequent Parlements it was Ordained That the King hold a Parlement once every year or twice if there be need and in convenient place and in those Parlements those Pleas which were so delayed and those where the Justices should be of divers Opinions Recorded and Determined and in the same manner Bills i. e. Petitions should be delivered and ended in Parlement according to Law and Reason 30. That Money shall not be altered without great occasion and then by common Advice of the Baronage in Parlement 31. All Statutes made in Amendment of the Law and for the Profit of the People by the King's Ancestors shall be kept and maintained as before and ought to be according to Law and Reason if they were not contrary to the great Charter the Charter of the Forest or these Ordinances and if so then to be null and void 32. That the Law or Common Right be not delayed by Letters of Privy Seal and such Letters to be void if procured 33. Contains an Interpretation of the Statute of Acton Burnel 34. Concerns the Case of Appellants or Appealors and the Sheriffs and Gaolers Practices thereupon now almost antiquated 35. That no Man be appealed of Felonies maliciously or Outlawed in the Country where he hath no Land or Tenements nor put to Death or Disherited by such Suit or Outlawry he rendring himself to the King's Prison c. 36. For the abatement of Appeals in Suits and Slight Cases in Murder and Robbery if the Appellees were acquitted they should recover against the Abettors and Appellors according to the Statute 37. Against Protections for the Delay of Suits as well in Pleas of Land as of Debts and Trespasses by such as feigned themselves in the King's Service That the Plaintiff or Demandant discovering the Deceit to have Damages awarded him at the Discretion of the Justices and the
August in the A. D. 1319. 12th of King Edward After this Indenture in the same Record we have an Account what was done in the succeeding Parlement concerning the Contents of it And now at the 2 Ibm. beginning of this Parlement 3 Rot. Claus 12 Edw. II. M. 28. in scedula The Request of the Prelates Earls and Barons made to the King in Parlement summoned on the 25th of August to meet at York three weeks after Michaelmas this Indenture was read in the presence of all assembled in the Parlement and all things in it diligently considered the Prelates Earls and Barons agreed to Pray and Request the King for the Honour of himself and the Profit of him and the Realm That for the great Business that concern him and do happen from day to day he would please to assent That Two Bishops One Earl One Baron and One Baron or Baneret of the Family of the Earl of Lancaster in his Name and for him should be present and remain with him by Quarters of the year to Deliberate The Parlement is for Proceeding according to the Indenture with and Advise him in due manner and that they might Deliberate and Advise about all considerable Matters out of Parlement until a Parlement should otherwise Determine concerning them and so as nothing of these things should be Debated without the Counsel and Assent of the Prelates Earls and others which remained with the King according to the Form of the said Indenture and if any thing was done otherwise it should be void according to the same Indenture The King understanding this Request and desiring to be Advised by all ways which may or ought to make for the Honour The King alloweth it and Profit of him and his Realm and considering that when he received the Government he found Scotland in War against him and since that there hath been War in Ireland and many other Disturbances have happened in his Dominions for which he thought it necessary to have with him the greatest and most sufficient Advice he did agree and willed to have Prelates Earls and Barons to advise him in the Form aforesaid and so as his Ministers should always perform their Offices according to the Law and Usage of the Kingdom And whereas it was contained in the Indenture That the Prelates Earls and Barons there named had undertaken by the Assent of the King That he should make to the Earl of Lancaster his People or Party and Followers Releases and Acquittances of all manner of Felonies and Trespasses against his Peace until the day of St. James this year and that the Charters of Release and Acquittances should be absolute without Condition and if better Security could be found for them in the next Parlement they should have it and also confirmed by the King and his Baronage The King by Assent of the Prelates Earls Barons and Comonalty He Pardons the Earl of Lancaster c. of his Realm in his said Parlement granted Pardon to the Earl of Lancaster and his Followers of the Suit of his Peace and whatever belonged to him by reason thereof of all manner of Felonies and Trespasses committed against the Peace unto the 7th day of August last past and Pardon of Outlawry to those that should demand it if any had been pronounced against them before the making of their Charters And Commanded the Bishop of Ely then his Chancellor That he should make Charters under his great Seal absolute and without Condition for for the Earl of Lancaster and such as he should by his Letters Name to the Chancellor Also whereas in the same Indenture it was contained That the And granted the Ordinances should be kept Ordinances should be Holden and Kept as they had passed the Great Seal the King Willed and Granted that they should be so kept and that all these things should be written upon the Parlement Roll and sent to the Chancery to be inrolled there and from thence to both Benches to be inrolled there By the 4 Claus 15 Edw. II. M. 14. Dors in cedula Hugh Despenser the Son the King's Chamberlain Award against the Despensers it appears that Hugh the Son was named and agreed to be the King's Chamberlain in this Parlement De la Moor says in the same year i. e. 12th of Edw. II. he was made Chamberlain by the Consent of the Prelates and others because they knew the King hated him yet he by Prudence and Obsequiousness soon changed his mind and obtained his Affection when they prosecuted him with the greatest Hatred 5 F. 594. lin 5. Anno igitur sequenti Praelatorum consensu aliorum quorundam Hugo Despenser filius constitutus est Regis Camerarius quem eo libentius in hunc locum promoverunt quia eum Regi Exosum The Character of the Spenser's Father and Son Cognoverunt At vero is prudentia obsequio haud multo post dirempto Regis animo eum in sui amorem facile Commutavit unde illi odio eum vel maximo prosecuti sunt Then 6 Ibm. and n. 10. speaking of his Father he Reports him to be a Person of great Integrity Wise in Counsel Stout in Arms whose Confusion and Ignominious End was caused by his Inordinate Love towards his Son a Person of a Brave Presence Proud Spirit and Wicked Life causing by his Ambition and Covetousness Widows and Orphans to be Disinherited and Noblemen to be put to Death by which he hastened his own and his Father's Destruction These are the short Characters given of both the Dispensers by this Historian and a brief Account how the Son came to be Chamberlain In the year following I have not read or seen any thing worth noting In the 14th of this King William de Braiosa a Baron in the Walsingh Hist f. 113. n. 20. The reason of the Discontent of some Barons Marches of Wales and a Spend-thrift who propounded to sell part of his Estate called Gowerland that descended to him by Inheritance to several Lords The Earl of 7 Ibm. Hereford because it was nigh his Lands agreed with him for it The Two Roger 8 Ib. n. 30. Mortimers because it lay near their Lands thought it convenient for them and knowing nothing of his former Bargain agreed with him also for the Land The Lord John 9 Ibm. Mowbray who had Married his only Daughter and Heir thought himself sure of it by Inheritance 1 Ib. n. 40. This Land held of the King in Capite and could not be sold without the King's License and lying on every side next the Lands of Hugh Despenser the Son then his Chamberlain he obtained Leave of the King to Purchase it and then bought it of the Owner 2 Ib. n. 40 50. A Confederacy between the Earl of Lancaster and a great number of Barons against the Despensers See the Revocation and Adnullation of the Process and Award against the Two Spencers
and Arms 15 days after the King had begun and holden his Parlement when they made the Award against the Two Spencers and concealed it from the King who knew nothing of it until the Hour they came with it to Westminster with Force and Arms so as the King could not hinder the passing of it which was to this effect To the Honour of God and Holy Church and of our Lord the King for the Profit of him and his Realm and to maintain Peace amongst his People and the Estate of the Crown the Prelates Earls Barons and other Peers of the Land and Communes of the Realm do shew against Sir Hugh le Despenser Father and Son That whereas Sir Hugh the Son at the Parlement at York 7 3 Weeks after Michaelmas Claus 12 Ed. II. M. 28. in cedula was Named and it was there Agreed he should be Chamberlain to the King in which Parlement it was Agreed That certain Prelates and other Great Men should be with the King by turns at several Seasons of the Year the better to advise him without whom no great Business ought to pass The said Sir Hugh the Son drawing to him his Father who was not by Order of Parlement to be near the King or to be one of those Counsellors between them both have usurped Royal Power over the King and his Ministers and the Government of the Kingdom to the Dishonour of the King the Injury of the Crown and Destruction of the Kingdom Great Men and People and have done the Wickednesses under-written in contriving to turn the Heart of the King from the Peers of the Land that they may have the sole Government thereof 1. That Sir Hugh the Son made a Bill or Writing whereby he would have had Sir John Gifford of Brimmesfield Sir Richard de Greye and others entred into a Confederacy to have forced the King to do what he would have him and had almost done it The Tenour of the Bill is under written 2. Homage and the Oath of Allegiance is more by reason of the Crown than of the Person of the King and bound him more to the Crown than the Person and this appeared for that before the Crown descends there is is no Allegiance due to the Person Expectant Wherefore in case the King carries not himself by Reason in Right of the Crown his Lieges are bound by Oath made to the Crown to remove the King and the State of the Crown by Reason and otherwise the Oath ought not to be kept Then it was demanded whether the King was to be dealt with by Suit of Law or by Rigour par Suit de Loy ou par Aspertee By Suit of Law it could not be for he had no Judge In which case if the King 's will be not according to Reason and that he maintains nothing but Errour therefore to save their Oath and when the King will not redress what is injurious to the People they must proceed with Rigour for he is bound by Oath to Govern his Lieges and his Lieges are bound to Govern in Aid of him and in Default of him 3. Also upon the Application of the Great Men and People unto him his Answer was according to the Pleasure of these Two in turning the King from his Duty against his Oath and the Hearts of the Great Men and People against their Liege Lord. 4. Also by their evil Contrivance they will not suffer the Great Men of the Realm nor Good Counsellers to speak with or come near the King to advise him nor the King to speak to them unless in their presence and hearing or of one of them and when they please they usurping Royal Power and Sovereignty over the Person of the King to the great Dishonour and Peril of him the Crown and the Kingdom 5. Also to attain to their Wickedness Covetousness and Disinheriting the Great Men and Destruction of the People they put out Good and Agreeable Ministers placed by Assent and put in others False and Wicked of their Party who will not suffer Right to be done as Sheriffs Escheators Constables of Castles and make Justices not understanding the Law as Sir Hugh the Father Sir Ralph Basset Sir Ralph Camois and Sir John Inge and others their Friends who caused to be indicted by false Jurors of their Alliance the Peers of the Land as the Earl of Hereford Monsieur Giffard of Brimmesfield and Monsieur Robert de Monshall and other good People to get their Lands 6. Also they falsly and maliciously advised the King to raise Arms against his People in Glocestershire contrary to the Great Charter and the Award of the Peers of the Land and by their false and evil Counsel would have made War in the Land for their own proper Quarrel to the Destruction of Holy Church and the People 7. Also whereas the Earl of Hereford and the Lord of Wigmore i. e. Mortimer by the King's Command were assigned to make War upon Lheuelin Bren who had levied War against him in Glamorganshire when the Earl of Glocester's Lands by reason of his Death were in the King's hand and Lhewelin had rendred himself into the Lords hands to the King's Grace and Pleasure and upon that Condition delivered him to the King who received him accordingly but when these Lords were out of the Country these Two the Father and Son usurping Royal Power took Lhewelin and carried him to Cardiff after that Sir Hugh the Younger was seized thereof as of his Share of the Earl of Glocester's Estate one of whose Daughters and Heirs he had married pretending to a Jurisdiction where none was in this case and there caused him to be Drawn Hanged Beheaded and Quartered feloniously for things done in the time of King Henry And also took upon them Royal Power and Jurisdiction which was appendant to the Crown in Disheritance of the Crown and Dishonour of the King the said Lords of Hereford and Mortimer and in ill Example and great Peril in the like case in time to come 8. Also they ill advised the King to take into his hands the Lands and Goods of Sir Hugh Audely the Son who was fore-judged without due Process contrary to the Law of the Land by the Covetousness of the said Hugh to get some of those Lands and by other false Compassments contrived to have the Lands of Sir Roger Dammory and for having him attainted for entring into Glocestershire in Disheritance of the Peers of the Land 9. Also that whereas the King had granted by his Letters Patents to the Earl of Warwick in full Parlement at Westminster That after his Death his Executors should have his Lands until his Heir was of Age which Grant after the Earl's Death was confirmed by the King at Lincoln at the Request and Assent of the Peers of the Land in Parlement the said Sir Hugh the Father procured his Son to cause the King to repeal this Grant without cause and to give to the said Hugh the Father
Knighton col 2549. n. 50 60. sent to the King then Prisoner in Kenelworth-Castle Three Bishop's Two Earls Two Barons Two Abbots and Two Justices amongst whom was Sir William Trussell before noted Proxy to the whole Parlement to Resign their Homage and Fealty to the King which he did in this manner 8 Append. n. 73. Homage and Fealty resigned to K. Edw. I William Trussel Procurator of the Prelates Earls and Barons and other People in my Procuracy named having for this full and sufficient Power do Resign and Deliver up to you Edward King of England as to the King before this Hour the Homage and Fealty of the Persons in my Procuracy named and do Return them upon you Edward and make Quit or Free the Persons aforesaid in the best manner that Law and Custom may do it And do make Protestation in the Name of those that will not for the future be in your Fealty or Allegiance nor claim to hold any thing of you as King but shall hold you as a Private Person without any manner of Royal Dignity Sir Thomas de la Moor 9 f. 600. n. 40 50. tells us who the Three Bishops were John Straifort Bishop of Winchester Adam de Torleton Bishop of Hereford and Henry Burwash Bishop of Lincoln Three Principal Companions The Bishops of Lincoln and Winchester circumvent the King by Promises and Threats in transacting this Affair The Bishops of Winchester and Lincoln came before the rest to the King who with his Keeper the Earl of Lancaster persuaded him to resign his Crown to his Son and circumvented the King promising him as much Honour after his Resignation as before and on the other hand threatned him if he would not the People should yield up their Homage and Fealty and repudiate his Sons and Choose one not of Royal Blood With these and other importune Promises and Threats they obtained their Desires And then the Bishop of Hereford 1 Ib. f. 601. lin 4. c. brought in all the other Commissioners sent by the Parlement into the King's Chamber where the whole Matter they came for was dispatched not without great Grief and Reluctancy from the King Walsingham 2 f. 126. n. 20 30. reports all the Nobility met at London on the morrow of or day after Twelfth-day in Parlement and Judged the King Vnfit to Rule and for several Reasons to be Deposed and his Son Prince Edward to be chosen King Of which when the Queen had notice 3 Ibm. The Queen outwardly sorrowful she was full of Grief outwardly ut foris apparuit But the Prince affected with this outward Passion of his Mother would not accept the Title against his Father's Will and Consent Et 4 Ibm. n. 40 50. The Prince unwilling to receive the Crown juravit quod invito Patre nunquam susciperet Coronam Regni The King when he received this News by the Commissioners was much disturbed and said since it could be no otherwise he thanked them for choosing his First Born Son making his Resignation and delivering up the Royal Ensigns and Tokens of Sovereignty The Commissioners returning to the Parlement at K. Ed. resigns London with the King's Answer and the Royal Ensigns made the Rabble 5 Ibm. His Son made King rejoice and presently the whole Community of the Kingdom admitted Edward a Youth of Fourteen Years of Age to be their King on the 20th Day of January which they would have to be the First Day of his Reign And from that time he acted as King before his Coronation as may appear by the 6 Claus 1 Ed. III. Part. 1. M. 28. Append. n. 74. Writ to all the Sheriffs of England to proclaim his Peace The King to the Sheriff of Yorkshire Greeting Because Edward Note this Writ late King of England our Father by Common Council and Assent of the Prelates Earls Barons and other Great Men and also of the Communities of the said Kingdom of his own Free Will removed himself from the Government of the said Kingdom Willing and Granting That we as his First-Born and Heir of the Kingdom should take upon us the Rule and Government And we yielding to the Good Pleasure of our Father by the Counsel and Advisement of the Prelates Earls Barons Great Men and Communities aforesaid have taken upon us the Government of the said Kingdom and received the Homages and Fealties of the said Prelates and Great Men according to Custom Therefore desiring our Peace for the Quiet and Tranquillity of our People to be inviolably observed we Command That presently after sight of these Presents you cause our Peace publickly to be proclaimed through your whole Bailiwic forbidding all and singular under the pain of Disinheriting and losing Life and Member That they presume not to infringe or violate our Peace but that all Men do prosecute their Suits and Actions without violence according to the Laws and Customs of the Land c. Witness the King at Westminster the 29th of January On the First of February being Sunday he was Crowned In the time between his being declared King and his Coronation the Londoners fearing themselves for their Cruelty against the Bishop of Excester to palliate their Wickedness 7 Hist Sacr. f. 367. vol. 1. The Londoners sorce the Bishops to swear to maintain and desend all the Rights Liâ—e ries of the City interim Londinenses sibi metuentes de crudelitate Patrata in Episcopum Exoniensem ad palliandum iniquitatem eorum c. forced the Arch-Bishops of Canterbury York and Dublin and the other Bishops which came to the Parlement to come to their Guild-Hall where all the Bishops except the Arch-Bishop of York the Bishops of London and Carlisle Sware to maintain and defend the Rights and Liberties of the City in the presence of the Earl of Kent and an immense Multitude who came to see the Silliness of the Bishops how they Sacrificed to Mahomet 8 Ibm. In presentia Comitis Cantiae multitudinis immensae qui ad videndum fatuitatem Episcoporum quo modo Mahumeto Sacrificabant confluxerunt The Bishop of Rochester protested The Bishop of Rochester's Protestation before a Publick Notary and Witnesses especially called That it was not his Intention to Swear but saving his Order and saving all Things contained in Magna Charta The King was all this time 9 De la Moor f. 601 602 603. The Nation begins to be sensible of the King's Condition Prisoner in Kenelworth-Castle not knowing what further they were doing The Nation observing what had been done seeing the Queen engaged and the Prince carried along with them not then perhaps suspecting or in the least understanding the Designs of the Heads and Privado's of the Faction began to be sensible of the King's Condition and to consider the Pretences of his Enemies and to think how they might be kind to him and prevent further Mischief His Keeper the Earl
this purpose sent Letters and Messengers to the King for whom he demanded the Advice of the Prelates Earls Barons and other Great Men in full Parlement whether it was fit for him to Accompany the King of France or not After this Declaration 7 Ibm. Monsieur Geoffry Lescrop by Command of the King and in his presence before all the Prelates Earls Barons and other Great Men Reported That the King was Notorious Riots in the Nation informed and it was a notorious thing to them all That divers People defying the Law were gathered together in great Companies in destruction of the King's Lieges the People of Holy Church and the King's Justices taking and detaining some of them in Prison until to save their Lives they had received great Fines and Ransomes at the pleasure of the Evil-Doers some they put to Death and Robbed others of their Goods and Chattels doing other Mischiefs and Felonies and thereupon the said Geffry on behalf of the King charged The King demands Advice about his going to the Holy Land the Prelates Earls Barons and other Great Men That by the Faith and Allegiance they ought him they would Counsel him concerning his Voyage to the Holy Land which he very much desired to undertake with their Advice and also how the Peace And how to chastise and restrain the Rioters might be kept and how those Rioters might be chastised and restrained from their Wickedness The first care by the Advice of the 8 Ibm. The Lords advise to prosecute them by Law and Force Prelates Earls Barons and Great Men was against these Wicked People That the King should prosecute them by Law Force and all other good ways which should be advised him and accordingly Commissions were issued to the best Men in the Counties and Sheriffs to apprehend and imprison and raise the Posse Comitatus against them and cause them to be Endicted and punished according to their Deserts And it was further 9 Ibm. They were likewise to be Excommunicated Agreed by the King Prelates Earls Barons other Great Men the Knights of Shires and Communes par nostre Seigneur le Roy Prelats Countes Barons autres Grantz Chivalers de Countees Gentz du Comune c. That a Sentence of Excommunication ordered by the Prelates and Clergy should be pronounced against them in the Church of St. Paul in London and sent to all the Bishops in England to be also pronounced against them in their Dioceses First 1 Ib. n 6. The Reason and Terms of the Excommunication and who to be Excommunicated That all those who disturbed the Peace and Quiet of Holy Church and the Realm especially such as made Alliances by Covenants Obligations Confederacies or in any other manner were Excommunicated and so to remain Also 2 Ib. n. 7. the Receivers Favourers and Defenders of them Also 3 Ib. n. â— That all such Covenants Obligations Confederations and Alliances were made void and annulled by the said Prelates and that if any Oath was taken to confirm them that was also declared void As to his 4 Ib. n. 9. The Lords Answer about the King's going to the Holy Land going to the Holy Land they all concluded the time assigned by the King of France to be too short It was 5 Ib. n. 10. further declared in this Parlement on behalf of the King by Monsieur Geffry Lescrop That in the last Parlement in the 5th of the King at Westminster it had been agreed That the Debates moved between the Kings of England and France concerning the Lands beyond Sea should be reconciled by Treaty by way of Marriage or any amicable manner and that thereupon the King sent his Commissioners to the King of France who Treated with him and made Report to King Edward That the King of France said to them that if it pleased him to come to The King asked Advice of the Lords whether he should go into France to Treat Personally with that King him Personally he would do more favour to him than to any other wherefore 't was necessary to send speedily to the King of France and for this purpose he demanded the Advice of the Prelates Earls Barons and other Great Men in full Parlement whether in case the Messengers with the King of France at their return should inform the King his Affairs would be in a better condition if he went over in Person he should go or not and in that respect all the Prelates Earls Barons and other The Lords consent to his going Great Men consented to his going in hopes all Obstacles of a Composure between them might be thereby removed and much advantage accrew to him They also assented his Voyage into Ireland might be deferred until Michaelmas next coming so as in the mean time some Men at Arms and others might be sent in Ayd of his good People there The Saturday next after the meeting of this Parlement it was Dissolved Upon the Peace made at Northampton by the Contrivance of Mortimer and Queen Isabell to secure themselves King Edward lost his Superiority over Scotland and the English Noblemen and others the Lands and Estates they had there some of whom by consent of the rest went into France to Edward Baliol Son of Edward Baliol Son of John came out of France into England John Baliol late King of Scotland and brought him into England at what time he claimed the Crown of that Kingdom as Heir to his Father against David Son to Robert Brus 6 Walsingh f. 131. n. 20 30 Buchan f. 87. b. f. 88. a. b. f. 89. a. n. 30 c. Claims the Crown of Scotland and recovers it by King Edwards Assistance And was Crowned at Scone in which Claim by the Mediation of his Friends he was assisted by Edward King of England who furnished him with a small Army of English by which his Friends were encouraged to come to him and after several of the Regents of Scotland and Guardians of David and that Kingdom as Thomas Randolf James Douglas Andrew Murray and other Great Men of his Party either dying or having been killed or taken Prisoners in the Engagements Skirmishes and Battles between both Parties for the space of Two years the Brusians having always been worsted tho most in number and the greatest People by the constant Assistance of the English Edward Baliol was Crowned King on the 8th of the Kalends of September or 25th of August 1332 at Scone in the 6th of Edward A. D. 1332. the Third In the Second year of his Reign he made REcognition and an He doth Homage and Swear Fealty to King Edward c. in the presence and by consent of the Parlement of Scotland See the Original here under noted where to be found The Form of his doing Homage Acknowledgment That the Kingdom of Scotland was holden of the Kings and Crown of England by Homage Liege and Fealty as of their
of such Reports of the Land was a manifest and very Traytor for such Debates might turn to the Destruction of the Kingdom for ever and he prayed that a good Ordinance and a just and speedy Punishment might be provided in that Parlement for such Talkers and Inventors of Evil Reports or Dreams sur tieux parlours trouvours de mesongs to avoid such Mischiefs for the time to come but for the time past all should be forgiven as to his own Person After this 1 Ibm. n. 17 18. The Commons pray Three things of the King and Lords First That Eight continual Counsellors may be appointed for that the King at present was Innocent and of Tender Age for the amendment of several Mischiefs and the Salvation of the Realm which was then in greater Danger then ever it was before the Commons prayed the King and Lords of Parlement for Three things especially First That they would in that Parlement Appoint and Name Eight Persons of divers Estates to be the continual Counsellors of the King for the Business of the Kingdom together with the King's Officers to be such Persons as best knew and most diligently would and could take pains in the amendment of the Mischiefs and for the good Government and Salvation of the Realm and the Commons might know the Names of those Counsellors which also may be the Expenditors and Directors of what was to be given toward the Wars Secondly That they would please to 2 Ib. n. 19. Secondly Such to be appointed as were to be about the King's Person Name and Appoint in that Parlement such as should be about the King's Person People of Virtuous and honest Conversation that might Educate him accordingly and that the Charge of the King's House might be born with the Revenue of the Crown so as what was granted for the Wars might only be employed that way Thirdly That the 3 Ib. n. 20. Thirdly That the Land might be observed Common Law and other Statutes and Ordinances of the Land might be Observed Ratified and Confirmed and the People Governed by it and that it might not be defeated with Masterships and Singularities of any about the King c. saving in all things the Regalities and Dignity of the King to which the Commons would not any prejudice should be done any way by their Demands The Answer to these Demands 4 Ib. in the end of the number The general Answer was That the Prelates and Lords would Advise together commanding the Commons to return to their place commandant as communes de retournir a lour place and Treat of their other Charges given to them tretir de lours autres â—â—arges a lours douez between that time and Thursday next a quel jour ils furent commandez a retournir en parlement c. to hear the Answer to their Requests The first 5 Ibm. n. 21 22. The particular Answer to the first Request Request of the Commons was Repeated before the King and Lords and by them granted so as the Chancellor Treasurer and Keeper of the Privy Seal Justices of the one Bench and the other and all other Officers of the Realm may execute their Offices without the presence of such Councellors who by Advice of the Lords were 6 Ib. n. 23. Nine the Bishops of London Carlisle and Salisbury the Earls of March and Stafford Messires Richard de Stafford and Henry Lescrop Banerets and Messires John Deverose and Hugh Segrave Bachelors Which 7 Ib. n. 25. Nine Prelates Earls and others chosen in Council for this year esluz en conseil pur ceâ—â— An were Sworn before the King himself to do what they were chosen for in the presence of many Lords of Parlement As to the Second Request to 8 Name and Assign such as To the second Request should be about the King's Person the Lords of Parlement there answered That it seemed to them for many Causes too heavy and hard a Request trop chargeant dure Request to place any Person about the King that should not well please him or to Remove any Officer or Servant if it were not by his Express Will and for notable fault to be proved against such Officers and Servants Wherefore the Lords would not willingly meddle with these Matters peront les Seigneurs ne verroient voluntres entre mettre To the other 8 Ib. toward the end of the number part of this Request the Lords Answered They would by good Deliberation speak with the Great Officers of the King's Houshold and if by their advice it could be done saving the State and Honour of the King what they desired should be performed For the 9 Ib. in the end of the number To the Third Third at present it seemed reasonable to all the Lords it should be granted The Lords and Commons * Ib. n. 27. Two Fifteenths and Two Tenths granted perceiving the great danger of Destruction the Nation was in by reason of the great Wars as well by Sea as Land for the defence of the Kingdom and resistance of its great Enemies granted to the King Two Fifteenths without Cities and Burghs and Two Tenths within Cities and Burghs for Two years praying the King That as well the Money of the Tenths and Fifteenths as the Tenths granted by the Clergy and Money for the Subsidy of Wooll might be in the keeping of Especial Treasurers by the King 's Appointment which were William Special Treasures appointed to receive them Walworth and John Philypot Merchants of London who were to give an Accompt of their Receipts and Disbursements in manner as the King and his great Council should order In this 1 Ib. n. 41 42 43. Parlement Alice Perrers was brought into the Lords House where Sir Richard Lescrop Steward of the King's Houshold by the Command of the Prelates and Lords Recited in the presence of the said Alice an * See this Ordinance here in the 50th of Ed. III. Alice Perrers accused in Parliament Ordinance made in the Parlement holden at Westminster in the 50th of Edward the Third That no Woman especially Alice Perrers should prosecute any Business in the King's Courts by way of Maintenance upon pain of forfeiture and Banishment out of the Kingdom and the said Seneschal or Steward surmised to the said Alice and the Lords That she had incurred the pain of it and forfeited against the Ordinance in Two Points First That Sir Nicholas Dagworth was ordered by the King's Council to go into Ireland upon several great Matters profitable to the King and his Realm the said Alice after the Ordinance made perswaded the King and procured at the Court at Havering by her singular Suit That the said Nicholas should be countermanded and his Voyage staid to the great damage of the King and Realm Secondly That one Richard Lyons for certain Misprisions of which he was Convict in the said Parlement submitted himself to the King's Grace viz. his
vast Number of such People under the Conduct of John Littister a Dier of Norwich took upon them the same Pretences and were the very same in all their Actions These compelled the Lord Scales Sir William Morley Sir John Brewes Sir Stephen Hales and Sir Robert de Salle to remain with them who seemed to do and allow what they did except Sir Robert Salle who publickly condemning and abhorring what they did had his Brains beat out The other were Litister's Favourites who now called himself King of the Commons who had his Royal Who stiled himself King of the Commons and had his Royal Officers Officers amongst whom Sir Stephen Hales was his Carver These Rebellious People whether they were wearied with or repented of what they wickedly had done and confidered what they must do sent Two of the Knights Sir William Morley and Sir John Brewes with Three of their own in whom they put most Confidence to the King where-ever he should be to obtain a Charter of Manumission and Pardon and that it might be more large than the Charters granted to other Counties They had given them a great Sum of Money which had been received of the Citizens of Norwich to preserve their City from Burning Slaughter and Plundering that they might thereby obtain what they desired Henry Spencer 2 Ibm. n. 50. f. 264 n. 10 20 30 40. The Conduct Courage and Bravery of H. Spencer Bishop of Norwich Bishop of Norwich being then in Rutlandshire hearing of this Insurrection in Norfolk was coming thither with eight Lances only and a few Archers at Icklingham near Barton-Mills he met with the Two Knights and their Three Companions going to the King and upon strict enquiry finding out the Three Traitors he presently caused their Heads to be cut off and proceeded into Norfolk where the Military Men and Gentlemen came to and marched with him to North-Walsham where the Rebels were encamped he with the Force he had with him being the first Man that charged the Enemy affaulted their Trenches and obtained the Ditch The Fight was sharp for a while but the Rabble soon fled In the pursuit many of them were killed Litister The chief Movers of this Rebellion drawn hanged and beheaded and the Chief Movers of this Rebellion were taken who were Drawn Hanged and Beheaded with many others thro' the whole Country by which means it was reduced into a peaceable Condition 3 Col. 2639. n. 10. Knighton says this Martial Bishop did the same things in Cambridge and Huntington-shires if so 't is more than probable he also reduced those of Bury St. Edmonds and the whole County of Suffolk being part of his Diocese into good Order Commissions of Oyer and Terminer The Countries where these Insurrections and Tumults were being now pretty quiet Commissions of Oyer and Terminer were Issued for the Trials of the Chief Contrivers and Managers of them 4 Wals f. 267 n. 10 20 30. for the Trial of the Rebels Those taken in London tried before the Lord Major J. Straw and others beheaded Those of London and such of Kent Essex Sussex Norfolk and Suffolk as were found within the Liberties of the City were Tried before the Lord Major of whom the Chief were John Straw John Kyrkeby Alan Treder and John Starling who Gloried that he Murthered the Arch-Bishop These had their Heads cut off and several others not named At St. Albans 5 Ibm. f. 276. n. 30 40. Gryndecobbe Cadyndon John the Barber and 15 others hanged at St. Aâ—bâ—â—s William Gryndecobbe William Cadyndon and John the Barber with 15 others were Condemned Drawn and Hanged Of the Chief Men of the Town were Imprisoned Richard Walyngford John Garlek William Berewill Thomas Putor and many other of the ordinary sort Of the Country were imprisoned 80 Persons who afterwards by the King's Mercy were set at liberty John Ball 6 Ib. f. 275 276. John Ball a Priest hang'd drawn and quartered also a Priest was taken at Coventry and brought to St. Albans where he was adjudged to be Hanged Drawn and Quartered and was executed on the 15th of July having been some Days Reprieved by the Mediation of the Bishop of London 7 Ib. f. 275. n. 10 20. His Speech on Black-heath to the Malefactors This Man had Preached to please the People above Twenty Years He made a Speech to the vast Multitude of Malefactors at Black-heath and took for his Subject the Old Rime Whan Adam Dalfe and Eve Span Who was than a Gentleman From which he inferred 8 Ib. n. 30 40. The Heads of his Speech That by Nature all Men were equal That Servitude was introduced by the injust Oppression of Wicked Men against the Will of God for if God had intended to have created Servants in the beginning of the World he would have appointed who should have been Servants and who Lords or Masters advising them to consider that then was the time given them by God in which they might shake of the Yoak off Servitude if they would and enjoy their long-desired Liberty And to this end further advised them to be Stout and hasten to procure it first by killing all the Great Men of the Kingdom then the Lawyers Justices and Jury-men and lastly to destroy all such as they knew would be injurious to them for the future So as then they might acquire Peace and Security and there would be equal Liberty the same Nobility the like Dignity and the like Power amongst them This Speech with the 9 Ibm. f 265. n. 20 30 40. John Straw's Speech and Confession at the time of his death Confession of John Straw at the time of his death discovers the full Intention of these Riots Rebellions and Tumults He said that when they assembled at Black-heath and sent to the King to come to them their Purpose was to have slain all the Knights Esquires and Gentlemen that came with him and to have carried the King with them from Place to Place that the Rabble might with greater Boldness come to them when they should see him as it were the Author of their Insurrections That when there should have been great Numbers got together in all Countries they were to have killed the Lords or Knights who were able to advise against or resist them especially the Hospitalers At last they were to have killed the King and all Bishops Monks Canons and Rectors of Churches that were Endowed and had Lands and Possessions sparing only the Friers Mendicants who were sufficient to celebrate and perform Divine Rites thro' the whole Nation These things done when there had been none Greater none more Potent none more Knowing than themselves they would have made such Laws as they pleased by which the People were to be Governed They intended also to have made Kings as Wat Tiler in Kent and in every other County One. On the Night also of that Day whereon Wat Tiler was killed the poor Rabble being on their
the King but in less Matters except one wherein he was charged That by his fault some of the Tax given last Parlement was diverted to other Uses then for which it was given so as the Sea was not so well Guarded as it ought to have been To this he Answered 4 Ib. n. 7. His Answer to the Articles That while he was Chancellor he neither purchased any Lands of the King nor did he give any to him unless when he made him an Earl yet confessed he had 400 Marks a year of the King by way of Exchange for so much he had by inheritance out of the Customs of Hull whereof some part was assigned to him by one Tydeman de Limbergh and others before he was Chancellor and some part came to him by Descent and his Brother in Law Sir Richard le Scrop shewed the said Earl by his Valiant Acts in sundry Battles and his Worthy Behaviour and Counsel in several Offices at home did justly deserve what he had He Answered to every Article 5 Ib. n. 10. The Commons not satisfied with his Answer he sufficiently proveth the Oath had another intendment then what was then put upon it and further proveth that notwithstanding his Oath he did both lawfully take and buy But the Commons were not satisfied with his Answers and therefore at their Request by the King's Command he was Arrested and committed to the Constable of England and afterward let to Mainprise and had further 6 Ib. n. 13. The Judgment against him Judgment That for Breach of his Oath contained in the first Article all the Lands he had of the King's Gift in that Article should be seised into the King's Hand to have to him and his Heirs for ever together with all the Mean Profits and Issues of the same saving to him the Name and Title of an Earl and 20 l. a year granted out of the Profits of the County of Suffolk 7 Ib. n. 14 15 16. The like Judgment was given in every Case and Article where he was charged with Deceit of the King Sitting this Parlement the King was at 8 Knighton col 2681. n. 30. The King sent for to come to Parlement by the Duke of Gloucester and Bishop of Ely Eltham his presence was desired there and by assent of the whole Parlement Thomas Duke of Gloucester and Thomas Arundell Bishop of Ely were sent to him who saluting him on behalf of the Noblemen and Commons related to him their Thoughts or Requests in Words to the same sense that the Historian writes their Speech in 9 Ibm. Qui salutarent eum ex parte procerum Communium Parlementi sui sub tali sensu verborum ei referentes vota eorum and then begins Their Speech to the King upon this Occasion the Speech which was in such Language as Subjects in any times did not use towards their Kings and Princes so that 't is most probable Knighton was both the Author of the Words and Speech as indeed most Historians are of the Speeches and Orations found in them 1 Ib. n. 40 50 60 c. The Speech reckons up all King Richard's Faults most severely and what Wicked and Evil Counsels he followed and what desperate Courses he intended to pursue in delivering what he had in France to and putting himself under the Protection of that King threatning him several times with an old Statute and a laudable and approved Custom they had which could not be gainsayed to warrant what they said to him and urged him to perform 2 Ib. Col. 2683. I. 1. And at last the Speech-maker whether the Duke of Glocester or Thomas Arundell Bishop of Ely or Knighton tells King Richard they had one thing more to intimate to him on behalf of the People in these Words 3 Ib. I. 3. Habent enim ex antiquo Statuto de facto non longe retroactis temporibus experienter quod dolendum est habito si Rex ex maligno Consilio quocunque vel inepta Contumacia aut Contemptu seu proterva voluntate singular aut quovis modo irregulari se alienaverit a populo suo nec voluerit per jura Regni Statuta ac laudabiles ordinationes cum salubri Consilio Dominorum procerum Regni gubernari Regulari set Capitose in suis insanis Consiliis propriam voluntatem suam singularem proterve Excercere extunc licitum est eis cum Communi assensu consensu populi Regni ipsum Regem de Regali solio abrogare propinquiorem aliquem de stripe regia loco ejus in Regni solium sublimare That is For the People have it by an old Statute and by * The Case of Edw. II. Fact which cannot be expressed without Grief by Experience not very long since committed That if a King by any Malignant Counsel whatever or foolish Contumacy or Contempt or froward arrogant Wilfulness by any singular or irregular Means did alienate himself from his People nor would be Governed or Ruled by the Laws Statutes and Laudable Ordinances of the Kingdom with the wholesom Advice of the Lords and Noblemen but like a Blockhead frowardly exercise his own singular Will in his Mad Counsels then it was lawful for them with the Assent and Consent of the People of the Kingdom to Dethrone that King and place in the Throne in his stead some one more near a-Kin to him of the Royal Family On the 24th of October next following Thomas Arundell Bishop of 4 Clause 10 Ric. II. M. 35. The great Officers of State changed Ely was made Chancellor in the place of the Earl of Suffolk and on the same day John Gilbert Bishop of Hereford was made 5 Pat. 10 Ric. II. p. 1. M. 16. Treasurer instead of John de Fordham Bishop of Durham John de Waltham was also made Keeper of the Privy Seal In the 6 Pat. 10 Ric. II. p. 1. M. 7. Eleven Commissioners appointed to Govern the Kingdom Their Names Patents of this year of his own free-will at the Request of the Lords and Commons the King changed these Great Officers and further by advice and assent of the Lords and Commons in full Parlement in aid of the good Government of the Kingdom the good and due Execution of the Laws and in Relief of his own Estate and that of his People he appointed Eleven Commissioners William Arch-Bishop of Canterbury Alexander Arch-Bishop of York his Uncles Edmond Duke of York and Thomas Duke of Glocester William Bishop of Winchester Thomas Bishop of Excester Nicholas Abbat of Waltham Richard Earl of Arundell John Lord Cobham Richard Lescrop and John Devereux to be his great and Continual Council for one year next coming after the date And Power of these Letters Patents by which he gave them Power to Survey and Examine all his Officers Courts Houshold and the Government of the whole Kingdom To receive all his Revenue as also all Subsidies Taxes
him had granted that Robert de Vere should be King of Ireland and to accomplish this wicked Purpose the foresaid Traitors counselled and excited the King to send Letters to the Pope to ratifie and confirm their Traiterous Intention without the Knowledge and Assent of the Kingdom of England or Land of Ireland in parting the King's Legiance in respect to both Nations in decrease of the Honourable Name of the King and in open Disherison of his Crown of England and full Destruction of his Loyal Lieges and the Nation of Ireland XII Also whereas by the Great Charter and other good Laws and Usages of the Kingdom no Man ought to be taken put in Prison or to Death without due Process of Law the fore said Nich. Brembre false Knight of London took by night certain Persons out of the Prison of Newgate Chaplanes and others to the Number of Twenty two some Debtors others accused of Felony and some Approvers in the Case of Felony and some taken and imprisoned there upon suspicion of Felony and led them into Kent to a Place called the Foul Oke and there encroaching to himself Royal Power as a Traitor to the King and without Warrant or Process of Law caused their Heads to be cut off all but one who was Appealed of Felony by an Approver and him he suffered to go at large at the same time XIII Also the foresaid Alexander c. Robert c. Michael c. Robert c. Nicholas c. Traitors to the King and Kingdom took great Bribes in many Cases in the Name of the King for Maintenance of Quarrels or Suits and one time took Bribes of both Sides or Parties as shall be more fully shewed if need be XIV Also these Five caused some Lords and others Loyal Lieges to be put out of the King's Council and so as they dare not speak in Parlement about the good Government of the King's Person or Kingdom XV. Also whereas in the last Parlement all the Lords Sages and Commons there assembled seeing the imminent Ruin of the King and Kingdom by the Perils and Mischiefs aforesaid and for that the King had forsaken the Counsel of the Kingdom and holden himself altogether to the Counsel of the said Five Evil-doers and Traitors and also for that the King of France with his Royal Power was Shipped at Sea ready to have Landed in England to have destroyed the Kingdom and Language thereof and there was no Ordinance then made or Care taken for the Safety of the King and Kingdom They knew no other Remedy than to shew the King fully how he was ill Governed Led and Counselled by the Traitors and Ill-doers aforesaid requiring him most humbly as his Loyal Lieges for the Safety of him and his whole Realm and to avoid the Perils aforesaid to remove from his Presence the said Evil-doers and Traitors and not to do any thing after their Advice but according to the Counsel of the Loyal and Discreet Sages of the Realm And hereupon the said Traitors and Evil-doers seeing the Good and Honourable Opinion of the Parlement to undo this Good Purpose by their false Counsel caused the King to Command the Major of London to kill and put to death all the said Lords and Commons except such as were of their Party to the doing whereof these great Traitors and Evil-doers should have been Parties and present in undoing the King and Kingdom XVI Also That those Five Traitors c. when the Major and Good People of London utterly refused in the Presence of the King to Murder the Lords and Commons by their said Traiterous Accroachment falsly Counselled the King and prevailed with him to leave the Parlement for many Days and caused him to certifie fist certifier That he would not come to the Parlement nor Treat with the Lords and Commons of the Business of the Kingdom for any Peril Ruin or Mischief that might happen any ways to him or the Realm if he were not first assured by the Lords and Commons that they would not speak or do in that Parlement against any of the Misdoers saving that they might proceed on in the Process which was then commenced against Sir Michael de la Pole to the great Ruin of the King and Kingdom against the ancient Ordinances and Liberties of Parlement XVII Also the said Lords and Commons after they understood the King's Mind by the wicked Excitation and Counsel of the Five c. was such as he would not suffer any thing to be commenced pursued or done against the said Mis or Evil-doers mesfesours they dare not speak or proceed against the King's Will and then in Parlement was read the Counsel and Advice of the Lords and Justices and other Sages and Commons of Parlement how the Estate of the King and his Royalty might be best saved against the Perils and Mischiefs aforesaid and they knew not how to find any other Remedy than to ordain That Twelve Loyal Lords of the Land should be the King's Council for One Year and that there should be made such a Commission and Statute by which they should have full and sufficient Power to Ordain c. according to the Effect of the Commission and Statute by which Commission and Statute no Man was to Advise the King against them under Forfeiture for the first Offence of his Goods and Chattels for the second Offence Life and Member Which Ordinances Statute and Commission were made agreeable to the Assent of the King the Lords Justices and other Sages and Commons assembled in the said Parlement to save the King his Royalty and Realm The said Traitors and Misdoers by their Evil False and Traiterous Informations of the King that the said Ordinance Statute and Commission were made to Defeat his Royalty and that all those who procured and counselled the making of them and those who excited the King to Consent to them were worthy to be done to Death as Traitors to the King XVIII Also after this the said Five Misdoers and Traitors caused the King to assemble a Council of certain Lords Justices and others many times without the Assent and Presence of the Lords of the Great Council and made divers Demands of them very suspicious of divers Matters by which the King Lords and Common People were in great Trouble and the whole Realm also XIX Also to accomplish the said High Treason the Misdoers and Traitors Alexander c. Robert c. Michael c. by the Assent and Counsel of Robert Tresilian and Nicholas Brembre caused the King to go through the Kingdom with some of them and into Wales and caused him to make come before him the Lords Knights and Esquires and other good People of those Parts as well of Cities and Burghs as other Places and made some to enter into Bond others by their Oaths to stand with him against all People and to effect his Purpose which at that time was the Will and Purpose of the said Misdoers
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
If a Murderer If for all excess of Villanies odious and execrable both to God and Man Surely he deserveth the highest degree of Punishment and yet must not the Son lift up his Hand against him for no Offence is so great as to be punished with Parricide but our Country is dearer unto us then our Parents and the Prince is Pater Patriae the Father of our Country and therefore more Quintil. in declam offic lib. 1. sacred and dear to us then our Parents by Nature and must not be violated how Imperious how Impious soever he be Doth he Command or Demand our Persons or our Purses we must not shun for the one nor shrink for the other for as Nehem. 9. 37. Nehemiah saith Kings have Dominion over the Bodies and over the Cattle of their Subjects at their Pleasure Doth he enjoin those Actions which are contrary to the Laws of God we must neither wholly obey nor violently resist but with a constant Courage submit our selves to all manner of Punishment and shew our Subjection by Enduring and not Performing Yea the Church hath declared it to be an Heresie to Alphonsâ— a Castro in lib. de haeresi in Verb Tyrannus Dom. Sâ—to lib. 5. de just jure hold that a Prince may be Slain or Deposed by his Subjects for any Disorder or Default either in Life or else in Government there will be Faults so long as there are Men and as we endure with Patience a Barren year if it happen and unseasonable Weather and such other Defects of Nature so must we tolerate the Imperfections of Rulers and quietly expect either Reformation or else a Change But alass good King Richard what such Cruelty What such Impiety hath he ever committed Examine rightly those Imputations which are laid against him without any false Circumstance of Aggravation and you shall find nothing objected either of any Truth or of great Moment It may be that many Errours and Oversights have escaped him yet none so grievous to be termed Tyranny as proceeding rather from Unexperienced Ignorance or Corrupt Counsel than from any Natural and Wilful Malice Oh! how shall the World be pestered with Tyrants if Subjects may rebel upon every pretence of Tyranny How many good Princes shall daily be suppressed by those by whom they ought to be supported If they Levy a Subsidy or any other Taxation it shall be claimed Oppression If they put any to Death for Traiterous Attempts against their Persons it shall be exclaimed Cruelty If they do any thing against the Iust and liking of the People it shall be proclaimed Tyranny But let it be that without Authority in us or Desert in him King Richard must be Deposed yet what Right had the Duke of Lancaster to the Crown Or what Reason have we without his Right to give it to him If he make Title as Heir unto King Richard then must he yet stay until King Richard's Death for no Man can succeed as Heir to one that Liveth But it is well known to all Men who are not either wilfully Blind or grossly Ignorant that there are some now alive lineally descended from Lionel Duke of Clarence whose Offspring was by Judgment of the High Court of Parlement holden the Eighth year of the Reign of King Richard declared next Successor to the Crown in case King Richard should die without Issue Concerning the Title from Edmund Crouchbacke I will pass it over seeing the Authors thereof are become ashamed of so absurd Abuse both of their own Knowledge and our Credulity and therefore all the Claim is now made by Right of Conquest by the Cession and Grant of King Richard and by the general Consent of all the People It is a bad Wooll that can take no colour but what Conquest can a Subject pretend against his Sovereign where the War is Insurrection and the Victory High and Heinous Treason As for the Resignation which King Richard made being a pent Prisoner for the same Cause it is an Act exacted by force and therefore of no force or validity to bind him and seeing that by the Laws of this Land the King alone cannot alienate the ancient Jewels and Ornaments pertaining to the Crown surely he cannot give away the Crown it self and therewithall the Kingdom Neither have we any Custom that the People at Pleasure should Elect their King but they are always bound unto him who by right of Blood is right Successor much less can they confirm and make good that Title which is before by Violence usurped for nothing can then be freely done when Liberty is once restrained by fear So did Scilla by Terrour of his Legions obtain the Law of Velleia to be made whereby he was created Dictator for Fourscore years and by like Impression of Fear Caesar caused the Law of Servia to be promulged by which he was made Perpetual Dictator but both these Laws were afterwards adjudged void As for the Deposing King Edward the Second it is no more to be urged than the Poysoning of King John or the Murdering of any good and Lawful Prince We must live according to Laws and not to Examples and yet the Kingdom was not then taken from the Lawful Successor But if we look back to Times lately past we shall find that these Titles were more strong in King Stephen then they are in the Duke of Lancaster for King Henry the First being at large Liberty neither restrained in Body nor constrained in Mind had appointed him to succeed as it was upon good Credit certainly affirmed the People assented to this Designment and thereupon without Fear and without Force he was Anointed King and obtained full Possession of the Realm Yet Henry Son of the Earl of Anjowe having a nearer Right by his Mother to the Crown notwithstanding his Father was a Stranger and himself born beyond the Seas raised such rough Wars upon King Stephen that there was no end of spoiling the Goods and spilling the Blood of the unhappy People besides the ruines and deformities of many Cities and Holds until his Lawful Inheritance was to him assured It terrifieth me to remember how many Flourishing Empires and Kingdoms have been by means of such Contentions either torn in pieces with Intestine Division or subdued to Foreign Princes under Pretence of Assistance and Aid and I need not repeat how sore this Realm hath heretofore been shaken with these several Mischiefs and yet neither the Examples of other Countries nor the Miseries of our own are sufficient to make us to beware O Englishmen worse bewitched than the foolish Galathians Our unstayed Minds and restless Resolutions do nothing else but hunt after our own Harms No People more Hated Abroad and none less Quiet at Home In other Countries the Sword of Invasion hath been shaken against us in our own Land the Fire of Insurrection hath been kindled amongst us And what are these Innovations but Whetstones to sharpen the one and Bellows to blow up the
other Certainly I fear that the same will happen unto us which Aesop fableth to have been fallen unto the Frogs who being desirous to have a King a Beam was given unto them The first Fall whereof did put them in some fear but when they saw it lie still in the Stream they insulted thereon with great Contempt and desired a King of quicker Courage and then was sent unto them a Stork which stalking among them with stately Steps continually devoured them The Mildness of King Richard hath bred in us this Scorn interpreting it to be Cowardise and Dulness of Nature The Next Heir is likewise rejected I will not say that with greater Courage we shall find greater Cruelty But if either of these shall hereafter be able to set up their Side and bring the Matter to Trial by Arms I do assuredly say That which part soever shall carry the Fortune of the Field the People both ways must go to wreck And thus have I declared my Mind concerning this Question in more Words than your Wisdom yet fewer than the Weight of the Cause doth require And do boldly conclude That we have neither Power nor Policy either to Depose King Richard or to Elect Duke Henry in his Place That King Richard remaineth still our Soveraign Prince and therefore it is not lawful for us to give Judgment upon him That the Duke whom you call King hath more offended against the King and the Realm than the King hath done either against him or us for being Banished the Realm for Ten Years by the King and his Council amongst whom his Own Father was Chief and sworn not to return again without special Licence he hath not only violated his Oath but with impious Arms disturbed the Quiet of the Land and dispossessed the King from his Royal Estate and now demandeth Judgment against his Person without Offence proved or Defence heard If this Injury and this Perjury doth nothing move us yet let both our Private and Common Dangers somewhat withdraw us from these violent Proceedings After they had thus disposed of Richard II. and done for Henry what he could desire the Commons petitioned That all such as came into the Kingdom with him or came to him afterward and acted with him and against King Richard might not be impeached grieved or vexed but pardoned The King's Answer was 6 Roi. Parl. 1 H n. IV. n. 139. The Confederates and Followrs of Henry IV. pardoned le Roy voet fair pardon en maners come fust fait l'an primere le Roy Edward teirce The King willeth to give such a Pardon as was made or given in the first Year of Edward III. for which see Statutes at Large 1 Edw. III. Cap. 1. and 1 Hen. IV. Cap. 2. where are both Pardons in the same Words only what ought to be altered as to Names and Circumstances was altered The Deposed King after the Sentence of his remaining in secure and safe Custody was immediately sent to the Castle of 7 K. Richard sent to Leeds-Castle and from thence to Pontfract Leeds in Kent and from thence to Pontfract-Castle in York-shire The King of France whose Daughter he had Married prepared a great Fleet and raised an Army to invade England and destroy him and the Church of England also the People of the Kingdom by Sea and Land as 't is said by King Henry in his Writ 8 Append. n. 116. King of France prepares to relieve K. Richard to the Arch-Bishop of Canterbury to cause all the Ecclesiasticks of his Province to Arm and Array what Men they could to oppose him This Writ bears Date January 17. in the first of his Reign After this and before the 29th of the same Month the King of France had notice of King Richard's Death 9 Append. n. 117. His Death changes his Mind How K. Richard was Murthered not certain Upon which Day he confirmed the Truce he had made with him in the Year 1396. for 28 Years How this unfortunate Prince died was killed or murthered 't is uncertain Many say he had Meat set before him but not being suffered to eat he died of forced Famine Walsingham 1 Histor f. 363. n. 50. says he voluntarily starved himself and died on St. Valentin's Day or the 14th of February in Pontfract-Castle which agrees not with the Date of the King of France's Instrument as above unless it might be given out he was dead before he really was so Hollinshed 2 Chronic. f. 517. col 1. tell us That one Writer but names him not that pretends to know more of King Richard's Death than others reports That one Day King Henry sitting at Dinner fetched a great Sigh and spake these Words Have I no faithful Friend that will deliver me of him whose Life will be Destruction to me and Disturbance to the Kingdom Upon which Speech one Sir Pierce de Extone presently left the Court and went with Eight Men all Armed to Pontfract-Castle entred the Chamber where King Richard was Prisoner and beat out his Brains Mr. Camden in his Britania 3 F. 567. speaking of Pontfract-Castle says Hic Richardus Secundus Rex Angliae quem Henricus Regno spoliavit fame frigore in auditis tormentis scelerate sublatus est Here Richard II. from whom Henry IV. took or robbed him of the Kingdom with Hunger Cold and unheard-of Torments was wickedly killed Froysert who was then Writing his Chronicle 4 Vol. 2 c. 249. f. 319. f. col 1. says he could not tell by what means King Richard died The Parlement 5 N. 9. Roll in the first of Edward IV. speaks thus That Henry IV. taking upon him Vsurpously the Crown and Name of King of England and Lord of Ireland and not therewith Satisfied or Content but more grievous Things attempting Wickedly of Unnatural Unmanly and Cruel Tyranny the same King Richard Anointed Crowned and Consecrated and his Liege and most High Lord in the Earth against God's Law Man's Allegiance and Oath of Fidelity with uttmost Punition attormenting murdered and destroyed with most vile heinous and lamentable Death Church-Affairs AS in the last Reign so in this the Pope practised his Encroachments upon the Church and State In the First Parlement of this King the 1 Rot. Parl. 1 Ric. II. n. 77. Commons Petition That whereas in the Treaty between King Edward and the Pope he granted to abstain from all manner of Provisions by way of Reservation of Benefices especially of such Dignities as were Elective yet the Court of Rome had no regard to the King's Messengers sent thither about this matter and the Pope continued his Practice contrary to the Treaty Grant and Accord with King Edward to the great Prejudice of the King and his Subjects whereof they pray Remedy What Remedy they had I find not but next Year against certain Rebel 2 Ib. 2 Ric. II. n. 78. Cardinals there was an Act passed That Vrban was duly Chosen Pope and that
he was True Pope and as so and Head of Holy Church ought to be Accepted and Obeyed And to this all the Prelates Lords and Commons Agreed The next Year the People 3 Stat. at Large 3 Ric. II. c. 3. Complained and Petitioned shewing That Cathedral and Collegiate Churches Abbeys and Priories and other Benefices of the Kingdom were filled with Men of another Language and of strange Lands and Nations and sometimes Enemies of the King and Kingdom which never made Residence in the same or perform'd the Charge thereof Whereupon the King by Advice and Common Assent of all the Lords Temporal Ordained That none of his Liege People of what Condition soever they were should take or receive any Procuracy Letter of Attorney Farm or other Administration by Indenture or in any other manner of any Benefice within England but only of the King's Subjects without his special Licence by Advice of his Council nor send out of the Kingdom any Gold Silver or other Treasure or Commodity by Bill of Exchange Merchandise or any other manner And those that did the contrary to incur the Pain and Punishment contained in the Statute of Provisors This Prohibition upon Complaint and Petition of the Commons by Assent of the King and Lords Temporal proved ineffectual for the End intended and therefore it was reinforced And it was agreed by the King in his 7th Year the Lords Temporal and Commons that the same 4 Ib 7 Ric. II. c. 12 Roi. Paâ—l 7 Ric. n. II. 49. Statutes shall keep his Force and Effects in all Points and that all Aliens that have purchased or shall purchase any Benefice Dignity or Thing of Holy Church and in his Proper Person take Possession of the same or use it himself within the Kingdom to his own Benefit or of any other without special Licence of the King shall be comprised in the same Statute But this Reinforcement had not its due Effect 5 Ibm. 12 Ric. II. c. 15. and therefore it was Ordained and Assented That no Liege-man of the King of what Estate or Condition that he be great or little should pass over the Sea or send out of the Realm of England without special Leave of the King himself to provide or purchase for himself Benefice of Holy Church with Cure or without Cure And if any do and by virtue of such Provision accept by him or any other any Benefice of the same Kingdom that at that time the same Provisor shall be out of the King's Protection and the same Benefice void so that it should be lawful to the Patron as well Spiritual as Temporal to present to the same an able Clerc at his Pleasure Nor could this hinder Provisions Gifts and Sale of Benefices of all sorts by the Pope for in the 6 Ibm. 2d Statute made 13 Ric. II. c. 2. Rot. Parl. n. 32. next Year the Commons require the King the Statute of Provisors made in the 25th of Edward I. might be recited in Parlement and then it was Ordained and Established That if any make Acceptation of any Benefice of Holy Church contrary to that Statute and duly proved and be beyond Sea he should abide Exiled and Banished out of the Realm for ever and his Lands and Tenements Goods and Chattels forfeit to the King And if he be within the Kingdom he should be also Exiled and Banished and incur the same Forfeiture and avoid the Realm within six Weeks next after such Acceptation And if any one receive such Person after that six Weeks he shall be Banished and incur the same Forfeiture And it was then also 7 Ib. c. 3. Rot. Parl. n. 44. Ordained and Established That if any Man brought or sent within the Kingdom or the King's Power any Summons Sentence or Excommunication against any Person of what Condition that he be for the cause of making Motion Assent or Execution of the Statute of Provisors as above he should be Taken Arrested and put in Prison and forfeit all his Lands and Tenements Goods and Chattels for ever and moreover incur the Pain of Life and Member And if any Prelate make Execution of such Summons Sentences or Excommunications That his Temporalties be taken and abide in the King's hands till due Redress and Correction be thereof made And if any Person of less Estate than a Prelate of what Condition that he be make such Execution he should be Taken Arrested and put in Prison and make Fine and Ransom by Discretion of the King's Council Notwithstanding this Care and these Laws made against the Pope's Practices in this Kingdom 8 Ibm. 16. Ric. II. c. 5. Rot. Parl. n. 20. the Commons in the Parlement in the 16th of this King shewed unto him grievously Complaining That forasmuch as he and all his Liege People ought of Right and of old time were wont to Sue in the King's Court to recover their Presentments to Churches Prebends and other Benefices of Holy Church to which they have Right to Present the Conisance of Plea of which Presentment belongeth only to the King's Court of the old Right of his Crown used in the time of his Progenitors Kings of England and when Judgment was given in the same Court upon such a Plea and Presentment the Arch-Bishops Bishops and other Spiritual Persons which had Institution of such Benefices within their Jurisdictions were bound and had made Execution of such Judgments by the King 's Commands all the time aforesaid without interruption for no Lay Person could make such Execution and also were bound of Right to make Execution of many other of the King's Commands of which Right the Crown of England hath been peaceably seized until this Day But now of late divers Processes have been made by the Bishops of Rome and Censures of Excommunication upon certain Bishops of England because they had made Execution of such Commands to the open Disherison of the Crown and Destruction of the King his Laws and all his Kingdom if Remedy be not provided 9 Ibm. They further Complain of the Pope's Translation of Bishops from Bishoprick to Bishoprick and sending some out of the Kingdom who were fit to be of the King's Council and able to give him Advice without his Assent and against his Will 1 Ibm. So that the Crown of England which hath been so free at all times That it hath been in Subjection to no * So the Words in the Parlement-Roll 16 Ric. II. n. 20. Earhtly Sovereign but immediately Subject to God and to none other in all things touching the Regaly or Royalty of the Crown should be submitted to the Bishop of Rome and the Laws and Statutes of this Realm by him defeated and destroyed at his Will in perpetual Destruction of the King his Crown and Regaly and all his Realm which God forbid Wherefore they 2 Ibm. declare That they and all the Liege Commons of the Kingdom would be with the King his Crown and
Regaly in the Cases aforesaid and in all other Cases attempted against him his Crown and Regaly in all Points to live and die 3 Ibm. And further they pray the King and him require by way of Justice That he would ask all the Lords in Parlement as well Spiritual as Temporal severally and all the States of Parlement What they thought of the Cases aforesaid Whereupon the Lords Temporal so asked answered every one by himself That the Cases aforesaid were clearly in Derogation of the King's Crown and of his Regaly as it was well known and had been a long time known and that they would be with the Crown and Regaly in these Cases especially and in all others which shall be attempted against them in all Points with all their Power The Answer of the Lords Spiritual to the King's Demands much to the purpose of that of the Lords Temporal will best appear from the Arch-Bishop's Protestation so called upon the Parlement-Roll as 't is transcribed in the Appendix n. 118. and there translated After which Answers given 4 Ibm. the King by Assent of the Lords Spiritual and Temporal at the Prayer of the Commons Qrdained and Established That if any Purchase or Pursue or cause to be Purchased or Pursued in the Court of Rome or elsewhere any such Translations Processes and Sentences of Excommunications Bulls Instruments or any other things which touch the King against him his Crown Regaly or Kingdom as is aforesaid and they that bring them within the Realm or receive them or make thereof Notification or any other Execution within the Kingdom or without they their Notaries Procurators Maintainers Abetters Fautors and Counsellors shall be put out of the King's Protection their Lands and Tenements Goods and Chattels forfeited and also attached by their Bodies if to be found and brought before the King and his Council there to answer or that Process be made against them by Praemunire facias io manner as it is Ordained in other Statutes of Provisors After this there is nothing further that I have seen about these Controversies the Pope being quiet all his Reign yet I shall take notice of some things done by the King relating to these Affairs which were omitted in their due Place He caused James Dardain 5 Rot. Claus 12 Ric. II. M 39. Dors the Pope's Collector in England to Swear he would be Faithful to him and his Crown That he would not do permit or procure to be done any thing Prejudicial to him his Kingdom Laws and Rights And that he would not put in Execution any Papal Letters or Mandates or permit them to be put in Execution that were Prejudicial to the King his Regaly or Royalty Laws or Rights or to his Kingdom That he would not receive or publish any of the Pope's Letters but such as he should deliver to the King's Council as soon as he could That he would not send any Money or Plate out of the Kingdom unless he had special Licence from the King or his Council nor that he would introduce any Novelties by or without Command without the King's Licence And that he would keep the King's Laws and Rights without violation This Oath was taken August 27. in the 12th of Richard II. before his Council as appears by the Record it self Then he wrote to 6 Ib. 13 Ric. II. part 1. M. 17. De decimis Papae non solvendis William Arch-Bishop of Canterbury That he could not but know that he was bound by Oath for the Conservation of the Rights and Customs of the Kingdom and for the Indemnity and Right Government of his People and also that no Impositions upon the People could be made or levied any ways whatsoever without Common Counsel or Consent of the Kingdom And further That he had been Petitioned by the Commons lately assembled in Parlement at Westminster to provide Remedy against the Impositions upon the Clergy at that time published and exacted by the People And also that any one that should bring in any Pope's Bulls to levy such Impositions or create such Novelties not formerly used which might bring Damage to him or his Kingdom nor should publish such Impositions and Novelties or collect or levy them should be adjudged and suffer as a Traitor to him and his Kingdom And it was granted by him with Assent of the same Parlement nothing should be levied or paid that might tend to the Burthen and Damage of the Kingdom or Liege People This notwithstanding he was informed of a new Imposition upon the Clergy by the Pope which by his Authority or the Authority of his Suffragans by his Command was to be levied without Common Advice and Assent of the Kingdom which he might not suffer to be done saving his said Oath And then Commanded by the Faith in which he was bound to him and under forfeiture of all he could forfeit to revoke all that had been done for the levying and exacting of this Imposition and to return what had been paid and levied enjoining him not to pay or contribute any thing to this Subsidy or Imposition under the foresaid Faith and Forfeiture Witness the King at Westminster the 10th Day of October The like Writ and of the same Date 7 Ibm. was directed to the Arch-Bishop of York and all the other Bishops of England as also to the Guardians of the Spiritualities of the vacant Bishoprics and several Collectors of this Imposition The like Writ was likewise directed to James Dardain then the Pope's Nuncio Rex 8 Ibm. Jacobo Dardain Nuncio Domini summi Pontificis in Anglia c. to desist in exacting of this Imposition sub forisfactura Vitae Membrorum under the Forfeiture of Life and Members and all things he could forfeit Witness as before This Imposition was the Payment of a Tenth by the Clergy to the Pope by him laid upon them as appears by the Todding or Title of the Record De Decimis Papae non solvendis Concerning Tenths not to be paid to the Pope In the 14th of his Reign 9 Ibm. 14 Ric. II. M. 13. Dots De Proclamatione he caused Proclamation to be made through England to call from Rome under forfeiture of Life and Member and all they could forfeit many Persons that went thither to procure the Nulling and Vacating of divers Statutes made by him and his Progenitors with Consent of Parlement for the Common Profit of the Kingdom and to perpetrate many other Evils there to the Contempt and Prejudice of his Person to the great Damage of the Kingdom and People and to the manifest Cassation of the Laws and Customs thereof That they should be in England by the Feast of St. Martin in Winter or 11th of November at furthest And that no Man of what State or Condition soever he was should bring any Pope's Bulls Processes or Instruments for the Adnulling or Vacating of any the Statutes Laws or Customs aforesaid or obey them or put them in
Reign The Welsh affrighted at the Death of their Prince 2 Mat. Westm fol. 411. n. 20. The Welsh deliver up their Castles in Snowdon delivered all their Castles in Snowdon and the very middle of Wales and the Clergy and Laity Clerus Populus granted first a Fifteenth and afterwards a Thirtieth part of all their Goods to the King for an Ayd David the Brother of Lewelin 3 Ibm. And Walsingham f. 51. n. 20 30. f. 52. lin 6. A. D. 1284. David Prince Lewelin's Brother Judicially Condemned c. Wales wholly subdued was taken by the King's Spies and such as he had appointed for that Business who refused to see him when brought to Rothelan Castle altho with great importunity he desired to be brought before him was sent to Shrewsbury and there Judicially Condemned Hanged Drawn and Quartered From this time Wales became Subject to England received it's Laws and the King placed his Sheriffs in it King Edward having undertaken the Croysado for the Holy-Land and by reason of these Welsh Wars and other things he was about to settle in his own Kingdom not being able in his own Person to perform it intended his Brother Edmund Earl of Cornwall for that Service and there being Six years Tenths Six years Tenths granted for the Aid of the Holy Land Collected from the Clergy according to the Canon and Grant of the Second Council of Lions laid up and secured in several Monasteries and other Places for Aid of the Holy Land Pope Martin the Fourth sent Two Preaching Friers into England for the Exportation and Return of this Money by his Agents and Forreign Merchants issued the following Writ to hinder it The King to Edmund Earl of Cornwall Greeting 4 Append. n. 8. The King forbids the Carrying of Money out of the Land to the Pope who sent for it Because for certain Causes we will not that the Six years Tenths Granted by the Clergy of Our Kingdom for the Aid of the Holy Land and now Collected be carried out of the Kingdom We Command that you cause to come before you all the Merchants of London as well those of Companies as others and Injoin and Inhibit them on Our behalf under the Peril of Losing Life Member and all their Goods that they no manner of ways Carry Cause or Permit to be Carried the Money arising from the said Tenths out of the Kingdom and if you find any Merchants or others doing so That you cause them and the Money to be Arrested and safely kept until you receive other Commands from Vs Witness the King at Hertlebury the 24th of May in the 10th of Our Reign The like Command was to the Major and Sheriffs of London and to Stephen Pencestre Warden of the Five Ports And he did not only Issue this Prohibition but sent Commissioners to the Places where it was laid up to see how much there was and to order the safe keeping of it for the right Use 5 Cl. 11 Ed. I. M. 7. Dors de Decima The Priors of Ely and Norwich refused to let the King's Officers see or secure the Money in their Monasteries whereupon he commanded 6 Ibm. the Sheriffs of Norfolk and Cambridgeshire to cause them with 3 or 4 of their Discreet Monks to come to him wherever he was to answer the Contempt Witness the King at Aberconwey in Snowdon the 15th day of June The Two Friers viz. Garnerius and Ramerius de Florentia ordinis Praedicatorum that brought the Pope's Orders for the Return or Transportation of these Tenths brought also his 7 Claus 10. Ed. I. M. 5. Dors litera directa Papae de cruce assumenda The Pope writes to the King about his Voyage to the Holy Land Letters to the King for the taking upon him the Cross and assigning the time of the General Passage of the Christians of all Nations into the Holy Land They pressed the King for an Answer who commended their Prudence very much to the Pope and only wrote back by them That his Holiness should receive Answer by Messengers of his own from Chester the 10th of June By these Messengers 8 Claus 11. of Ed. I. M. 7. Dors Bulla directa Regis super Decima The King sends Answer by his own Messengers who were Robert Dean of York and John Clazel his Chaplain as we are informed by the Pope's Bull to the King about this Matter he desired That the Tenths that were gathered in his Kingdom might be assigned to his Brother Edmund Earl of Campaign and Britany as the Pope there stiles him who was ready to undertake the Cross for the Succour of the Holy Land at the time of the General Passage But the Pope excusing the Delay of his Return to his Petition 9 Ibm. refused to Grant his Request and giving both him and his Brother great Encomiums and many fine Words earnestly moved him to go in his own Person as was expected for the Glory of GOD and his Own Honour This Bull is Dated apud Vrbem Veterem now Orvieto on the 8th of January in the Second year of his Popedom 1283. After this according to the 1 Registrum Peccham f. 66. The King and Pope disagree about the Tenths and Business of the Holy Land Relation in the Pope's Letter or Bull directed to John Peccham Archbishop of Canterbury recited in his Answer to it directed to the Pope The King is Charged with Breaking open the Locks and Seals of the Places where this Money was kept and removing of it whither he pleased to the great Offence of the Divine Majesty and much Contempt of the Apostolick See whereas he ought not to have done it without his License having sent as 't is there said frivolous Letters for his Excuse In which Bull or Letter he Commands him by virtue of his Obedience to go to the King and admonish The Pope sends the Arch. Bishop to Admonish the King and induce him on his behalf ex parte nostra moneas inducas to restore and send the Money back from whence it was taken without any defalcation within the space of a Month and to tell him he would not nor ought to suffer the Holy Land to sustain such a great Loss and that unless he complied with the Admonition he would proceed against him and the Nation according to the Quality of the Fact and as he should think fit Enjoining the Arch-Bishop to give him an Account what he did in this Affair and what the King's Answer was Dated at the same Place as before the 5th of July in the Third year of his Pontificate The Arch-Bishop's Return 2 Ibm. The Arch-Bishop's Account to the Pope concerning the King and the Tenths granted for the Holy Land to the Pope was this Huic igitur Sanctitatis vestrae Mandato vires vota subjiciens reverenter c. In Obedience to your Holiness's Commands I went immediately to the King in the Marches of Wales and
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
Concerning First Fruits of vacant Benefices reserved to the Pope a thing never heard of before concerning the Collection whereof he had lately put forth hard Interpretations much prejudicial to the King Kingdom and whole English Church Fourthly About the Peter-Pence that they were not taken according to the first Grant but exacted to Treble the value Fifthly Concerning Legacies given to Pious Uses they were wickedly demanded and exacted by Authority of the Apostolick See and converted to other Uses than the Testator or Donor intended Sixthly Concerning Debts the Creditors went to the Pope's Clerk and offered them half the Debt more or less to get the rest who presently caused the Debtors to be Summoned and Distreined to answer before them in open Disheritance of the King and his Crown Seventhly Concerning indistinct Legacies such as were given in general and not in particular Words approved by the Canon and Civil Law the Pope's Clerks impiously appropriated to themselves Clerici Domini Papae impie sibi appropriare nituntur c. and to convert them to Uses contrary to the Design of the Dead There are Two Copies of these Petitions one in 7 Riley's Placita Parl. f. 376. French the most full and large The other in 8 Ib. f. 379. The Mischiefs of Money sent out of the Kingdom Latin which concludes thus That all these things tended to draw the Money out of the Kingdom the manifest Stripping of the Church the Enriching of Strangers and Impoverishing the Natives unless 9 Append. n. 40. God would arise and dissipate his Enemies so as by the Secular Prince and his Council with the Consent of the Noble and Great Men so great Wickedness might be repressed Upon which Articles of Oppressions Grievances Extortions and William Testa the Pope's Agent Injuries William Testa was 1 called into full Parlement and Convicted nor could he any ways Excuse himself but by saying he did these things by Authority of the Pope And because these 9 Ibm. Practices if suffered manifestly tended to the diminution of Divine Convicted in Parlement of great Crimes against the Crown and Church Worship the Robbing of the English Church the prejudice hurt and Disheriton of the Crown Power Jurisdiction and Dignity Royal of England the destruction of the whole Community and perpetual Subversion of the State of the Kingdom the Laws and Customs of the same from whence greater Dangers in process of time might ensue At length having considered these Mischiefs by Assent of the King and whole Council of Parlement 2 Ibm. Oppressions Grievances and Extortion from and by the Pope prohibited And William Testa ordered to revoke what he had done it was Provided Agreed Ordained and Judged That the Premised Grievances Oppressions Injuries and Extortions ought not to be permitted in the Kingdom and Lands aforesaid And Master William was in the same Parlement forbidden to do any thing contrary to this Provision Agreement and Judgment by himself or any other whatsoever And he was injoined to revoke and make void whatever had been done by him his Commissaries Ministers Vicegerents Adherents and Assistants and safely to keep within the Kingdom the Money Levied upon this Account until the King by Advice of the Council aforesaid should otherwise direct And for the greater 3 Ibm. The Clergy and Laity write to the Pope complaining of his Oppressions and Extortions Evidence of the Matter it was ordained and agreed by the King and Council aforesaid That Experienced Messengers should be sent to the Pope from the King and whole Community to Notifie and Expound to him these Grievances Oppressions Extortions and Injuries And a Letter was drawn up accordingly on the Name and Behalf of the Clergy and Laity full of Sharpeness and Reflection upon the Pope his Ministers and Nuncio's 4 Riley ut supra f. 355. l. 3. of the Letter Nos Clerus Populus dicti Regni c. with this 5 Ibm. Title in the Margin Litera a Regno Angliae ad Papam the Letter from the Kingdom of England to the Pope At the same time Writs were ordered to be directed 6 Ibm. f. 382. 383. to all the Sheriffs of England to Enquire by the Oaths of Lawful Men of the County after the Names of the Ministers and Commissaries of William Testa who had committed these Grievances Extortions c. William Testa's Officers Questioned And the Names of such as had caused any one to be cited before himself or Commissaries c. And to attack them by their Bodies so as they might appear before the King eight Days after Holy Trinity where ever he was in England to answer to him or any others that would complain and to do and receive what the King's Court the Court of Kings-Bench now which then was always 35 Ed. 1. with the King should adjudge and ordain Witness the King at Carlisle March 22d in the 35th of his Reign The Prince of 7 Ibm. f 382. The Prince of Wales ordered to do Justice Wales Guardian of Scotland and Justice of Ireland had also command to see this Provision Agreement Ordinance and Judgment inviolably observed in those Lands or Countreys But after the 8 After the Recess of the Parlement the King gives William Testa c. Protection to go thro' the Recess of the Parlement the King at the Request of the Bishop of Sabin and Cardinal who came from the Pope into England for the Consummation of the Peace with France and the Marriage of the Prince of Wales with that King's Daughter and was then at Carlisle commanded the Chancellor not to Seal their Writs to the Sheriffs c. 9 Ibm. f. 383. Pat. 35 Ed. 1. M. 10. intus Kingdom to Dispatch the Pope's Business And for the Reverence he had to the Apostolic See and Affection he bore to Pope Clement gave William Testa and Peter Amalmeni the Pope's Clercs and Nuncio's their Commissaries and Ministers a Protection to go through the whole Kingdom for the Dispatch of the Business of the Church of Rome Witness the King at Carlisle April the 4th in the 35th of his Reign He also 1 Append. N. 41. granted to them in as much as he might or could Quantum in nobis est to Collect or Keep to the Vse of the Pope the Fruits of the first Year of all Vacant Ecclesiastic Benefices with And gave him Liberty to take the first Fruits of Vacant Benefices to the use of the Pope Cure and without Cure in the Kingdom for three years reserved by the Pope to himself Non obstantibus quibuscunque prohibitionibus in Parliamento nostro inde factis Notwithstanding the Prohibitions made in Parlement so as they meddle not with the Revenues of Abbies or Priories nor carried the Money out of the Kingdom but by way of Exchange Dated the same Day at Carlisle And further he gave them a 2 Pat. 35 E. 1. M. 19. intus Riley
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
those of his Son except that the loss of his Goods moveable and immoveable in and upon his Mannors and Lands were greater as namely two Crops of Corn one in the Barns or Granges the other upon the Ground 28000 Sheep 1000 Oxen and Heifers 1200 Cows with their Breed for two Years 40 Mares with their Breed for two Years 560 Cart-Horses 2000 Hogs 400 Kids 40 Ton of Wine 600 Bacons 80 Carcasses of Beef 600 Muttons in the Larder and 10 Tons of Cyder Armour for 200 Men and other Warlike Engines and Provisions with the Destruction of his Houses to his Damage 30000 l. And at the same time they entred the Abby of Langley in Wiltshire broke up his Coffers and carried away 1000 l. in Silver also his Charters Evidence and Bonds Cups of Gold and Silver and other Silver Vessels and Jewels to his Damage of 10000 l. And at the same time with Force and Arms entred the King's Castle of Marlborough where he was the Constable and took his Goods there found 36 Sacks of Wooll 6 Pair of rich Vestments a Library a Golden Chalice for the Sacrament one Cross of Gold another of Ivory and Ebony and other Ornaments belonging to the Chapel Cloths of Gold Carpets Coverings and many other things and his whole Wardrobe entirely to his Damage of 5000 l. Excepting these Differences of Losses the Petition is the same with his Sons verbatim and The Petition of the Spensers brought into Parlement the Errours assigned in the Process and Award are the very same his rendring himself Prisoner to the King and his Reception into the King's Protection the same and expressed in the same Words And then it follows by the King Et nous apres a nostre Parlement summons a Everwyk as treis semeins de Pasch en an nostre Regne Quinzisme feisems devant nous le Proces del dit Aegard a la suite les ditz Hugh le Fitz Hugh le Pere en cestes Paroles A 15 Edw. II. The Writ of Summons to this Parlement bears Date March 14 1321. Easter-day was April 11. 1â—22 l Honeur de Dieu Seinte Eglise c. And we afterwards at our Parlement at York three Weeks after Easter in the 15th Year of our Reign caused to come before us the Process of the Award at the Petition of the said Hugh the Son and Hugh the Father in these Words To the Honor of God and Holy Church c. the whole Award being cited in this Record After which Recital it follows a quen Parlement c. At which Parlement at York the said Hugh the Son and Hugh the Father being brought before us in Court prosecuting their Complaints and praying us to do them Right and the said Hugh the Son for himself shewed and alledged the Errors in the Process as abovesaid and also Hugh the Father alledged the same Errors and prayed severally and jointly That as the Award was made erroneously and wrongfully against the Laws and Usages of the Realm and against common Right and Reason that we would annull and defeat the said Award and that they might be remitted and reconciled to our Faith and to such Estate as they had and were in before the Award And hereupon hearing the The Process against them examined in Parlement Reasons of the said Hugh and Hugh we caused the Process to be examined in full Parlement in the presence of the Prelates Earls Barons Knights of Counties and the People that were come by reason of the Parlement en presence des Prelates Countes Barons Chivalers des Countes le People estoit venutz pur Encheson du dit Parlement And we found the said Award was made Reasons why the Award ought to be made void without calling them to Answer and without the Assent of the Prelates which are Peers of the Realm in Parlement and against the Great Charter of the Franchises of England which says no Freeman shall be Banished or other way Destroyed but by lawful Judgment of his Peers or the Law of the Land and for that they were not called in Court to make Answer and for these Errors and for that the Causes in the said Award were not duly proved pur ceo que les Causes contenues en la dit Agard ne furent pas duement approvets And further having regard to that that we caused the Parlement at Westminster to be summoned in due manner and commanded by our Writs the said Great Men who made the Award not to make Assemblies and Alliances or come with armed Men yet they came with all their Force to that Parlement notwithstanding our Command And when they came to London in that manner they held their Councils and Assemblies at London without coming to us at Westminster according to Summons and then we sent to them to come to the Parlement at Westminster as they ought yet they would not come nor let us know their Mind nor the cause of the Award tho' we had begun and held the Parlement for 15 Days and more and caused to come before us the Prelates and some Earls and Barons Knights of Counties and others which came for the Commons of the Realm avioms fait venir devant nous Prelates aucunes Countes Barones Chivalers des Countes autres que vindrent pur la Commune du Royalm and caused it to be published That those that had Petitions to promote should deliver them And after Proclamation thus made no Petition was delivered or Complaint made against the said Hugh and Hugh until they came as aforesaid And the Contrivance of the said Award they wholly concealed and kept from us unto the very Hour they came to Westminster with Force and Arms and made their Award against Reason as a thing treated and agreed on amongst themselves on their own Authority in our absence and encroached upon the Royal Power Jurisdiction and Conusance of Process and Judgment of those things which belong to our Royal Dignity wherefore we could not at that time stop the said Award nor do right to the said Hugh and Hugh as it belonged to us And further taking notice that those Great Men after the Award made prayed our Pardon and Release for Confederating themselves by Oath Writing or in other manner without our Leave in pursuing them and Trouping with Banners of ours and their own Arms displayed and taking and possessing Castles Towns Mannors Lands Tenements Goods and Chattels and also taking and imprisoning People of our Allegiance and others and some they wounded and some they killed and many other things they did in order to destroy the said Hugh and Hugh in England Wales and other where of which some might be called Trespasses and others Felonies also it appeared those Great Men were Enemies to and hated them at the time of the Award and before wherefore they ought not to be their Judges in their own Prosecution of them nor have Record ne
had imprisoned Clercs and others against the Laws of the Land his Coronation-Oath and against the Great Charter the Infringers whereof were by the Prelates of England and the Pope's Bull which he had by him excommunicated Which things he had done to the great Danger of his Soul and Detriment of his State and Honour He tells him he had pronounced Excommunicate all such about him that were Favourers of Treason Flatterers of and imposed upon him and as his spiritual Father beseecheth him to hold them as such some of which by their Sloth and Wicked Service and Advice lost Tournay And requested him to call together the Prelates Great Men and Peers of the Land to see and enquire in whose hands the Wooll Moneys and other things then remained which since the beginning of the War had been granted to him for maintaining thereof and by what means and whose default he lost Tournay and punish the Offenders in all things according to Law And as to what concerned him saving always the Estate of Holy Church and his own Order he was ready in all Points to submit to the Judgment of his Peers This Letter was Dated at Canterbury the First of January In the same Month 1 Ib. f. 151. n. 30 40 c He wrote also to the Chancellor of England to preserve the Liberties of the Church he wrote to Robert Bouser a Lay-man late made Chancellor of England in the place of the Bishop of Chichester to preserve the Liberties of Holy Church and the Laws of the Land entire And to let him know that the Ninth had levied and destreined for it upon Prelates and others of the Clergy who were not bound to pay it as those that 2 Rot. Parl. 14 Ed. III. Part 2 n. 14. 17. paid the Tenth granted to the Clergy and held nothing of the King by Barony or were obliged to come to Parlement and also exacted the Tenth of such as were bound to pay the Ninth oppressing the Clergy contra Deum Justitiam against God and Justice Exhorting and requiring him in the Lord hortamur in Domino requirimus not to permit the Religious and Clergy to pay otherwise than according to the Form of the Grant of the Taxes nor give his Advice or Assent to any thing in prejudice of the Great Charter or that might tend to the Subversion of Church-Liberties declaring if he should make out any Writ Commission or Precept to that purpose he should not omit to exercise such Power as Holy Church had permitted him He 3 Wals f. 152 n. 10 20 c. The A. Bp. declaimed in a Letter to the King all those Excommunicate wrote also to the King and his Council after this manner Domino nostro Regi Consilioque suo ac omnibus singulis dicti Consilii sui Personis monstramus nos Johannes permissiones divina Cantuariensis Archiepiscopus totius Angliae Primas sedis Apostolicae Legatus c. To our Lord the King and his Council to all and every one of them We John by Divine Permission Arch-Bishop of Canterbury and the Pope's Legate do declare all those that do Arrest Who imprisoned Clercs Clercs put them in Prison and detain them against their Wills are Excommunicated by Canon Which Sentence he published in the or oppressed the Church Church of Canterbury and caused it to be published by all his Brother Suffragans or Bishops of that Province After the Denunciation of which Sentence several Clercs there named were taken and imprisoned in prejudicium Dei Ecclesiae Sanctae in prejudice of God and Holy Church against the Laws and Privileges of all Clercs and to the danger of their Souls who did such things or gave Advice or Assent to the doing of them Wherefore he beseeched the King to preserve untouched the Rights and Privileges of Holy Church and forthwith release the Clercs and others that had been imprisoned against the Great Charter the Laws of the Land and Privileges of such as were detained And further beseeched all of the King's Council who had presumed to advise the King to commit such things qui talia committendi consilium Regi dare presumserunt not to hinder the Release of those that were kept in Prison He also declared That the King's Ministers or Officers of what Condition soever who entred the Granges Houses and other Places of Arch-Bishops Bishops Ecclesiasticks or other Religious without the Consent of their Bailiffs and took and carried away their Goods and all those that commanded these things to be done were involved in the same Sentence of Excommunication He wished the King would vouchsafe to apply a fit Remedy for he could not dissemble but that against such as his Pastoral Office required it of him by his Brother Bishops of the Province he should execute what was his and their bounden Duty Yet it was not his Intention that the King Queen or their Children should be comprehended in this Judgment or Sentence of Excommunication as far as by Law or Right they might be excused 4 Ibm. n. 50. nostrae tamen Intentionis non existit Dominum nostrum Regem Dominam Reginam aut Liberos eorundem dictis Sententiis involvi seu comprehendi quatenus de jure poterunt excusari As he had resolved 5 Ib. f. 153. n. 20 30 40 c. he wrote to all the Bishops of his Province 6 Ibm. f. 154. n. 30. and commanded them to declare Excommunicate all such as deprived Churches of their Rights or by Malice infringed or disturbed their Liberties or free Customs and those especially that violated the ancient Liberties and free Customs of his Church of Canterbury or in any manner diminished them or did any thing contrary to its Privileges Also those that disturbed the Peace and Quiet of the Kingdom or that gave Advice or Assistance to or favoured them Also those who by any Art or Trick whatsoever quacunque arte vel ingenio should violate break diminish or change any of the Liberties and free Customs contained in the Great Charter or Charter of the Forest privately or openly by Word Deed or Advice or the ancient Liberties and free Customs granted by them to the City of London should be declared Excommunicate And then he directs them to proceed in the same manner against all such as imprisoned Clercs or entred into the Houses Granges Ba c. of Arch-Bishops Bishops c. as above The King moved with this Behaviour of the Arch-Bishop 7 Ibm. f. 154. n. 30 40. â— The King's Letter concerning the A. Bp. of Canterbury and his Crimes wrote to the Bishop of London and the Prior and Chapter of Canterbury in harsh and severe Language how he had been used by the Arch-Bishop and charged him with many great Crimes as that being exalted to the Throne in his Nonage desiring to be directed by sound Counsel believing him in Fidelity and Discretion to exceed all Men and using him as the
or Tenths to be otherwise paid then they were granted that is the Ninths by such as held a Barony or used to be summoned to Parliament And then the King 1 Ib. n. 35. granted for him and his Heirs That if any Person do any act against the form of the Great Charter or any other good Law that he should answer in Parliament or other place where he ought by Law to answer The Statutes and the Conditions above-mentioned are enter'd Where the Statutes and Conditions are into the back of the Roll and Printed in the Statutes at Large this year and are a true Translation of the Record in French In the Third Chapter of the Statutes it was agreed That the Chancellor Treasurer Barons and Chancellor of the Exchequer the Great Officers to be sworn in Parliament Justices of both Benches Justices assigned in the Country Steward and Chamberlain of the King's House Keeper of the Privy Seal Treasurer of the Wardrobe Controllers and those that were appointed to remain and be about the Duke of Cornwall should then be sworn in Parliament and so from thenceforth at all times when they should be put in Office to keep and maintain the Privileges and Franchises of Holy Church the Points of the Great Charter the Charter of the Forest and all other Statutes without breaking any Point In the 4th Chapter of the same Statutes it is said it was agreed Orders about the Justices and great Officers That if any of the Officers aforesaid or Controullers or Chief Clerk in either Bench by Death or by other Cause be put out of his Office that the King by assent of the Great Men which should be nearest him in the Country and by the good Counsel he should have about him should put another convenient into his Office who was to be Sworn according to the Form aforesaid And that in every Parliament the King should take into his Hands at the third day thereof the Offices of all the Ministers aforesaid and so to remain four or five days except the Offices of the Justices of both Benches Justices assigned and Barons of the Exchequer so as they might be put to answer every Complaint And if by Complaint or otherwise they or any of them should be found faulty then to be attainted in Parliament and punished by Judgment of the Peers and outed of his or their Office and another convenient put in his place And the King was to cause Execution to be done without delay according to the Judgment of the Peers in Parliament Contrived by the Clergy It is very probable that these Agreements concerning the Officers were the Contrivances of the Arch-Bishop Bishops and Clergie for it was a great trouble to them that the Chancellor Treasurer and many other Officers who were Clerks had been put out of their Offices as hath been related before at the King's arrival in England and others that were Lay or Secular Persons placed therein 2 Walsingh f. 150. l. 13. Rex Edwardus Angliam intravit ministros suos videlicet Cancellarium Thesaurarium alios amovit non Clericos imo Seculares ad placitum suum substituit The Statutes above-mentioned were some months after the The Statutes and Conditions above-mentioned revoked making of them that is on the first of October next following revoked by the King as contrary to the Laws and Customs of the Land his Prerogatives and Royal Rights by the Advice and Consent of the Earls Barons and other Wisemen as appears by the Revocation it self of the same Date directed to the Sheriff of Lincoln Printed in this year in the Statutes at Large and in Pulton as likewise by a Writ directed to the Arch-Bishop of Canterbury The King 3 Append. n. 88. The King 's Writ to the Arch-Bishop that in a Provincial to be holden at London to the Venerable Father in Christ John Arch-Bishop of Canterbury Primate of all England Greeting Whereas some time since in our Parliament at Westminster assembled in the Quinden of Easter last past there were certain Petitions made expressly contrary to the Laws and Customs of England and not only very prejudicial but reproachful also to our Royal Dignity which if we had not permitted to have been drawn into a Statute the said Parliament had been without success and dissolved in Discord and so our Wars with France and Scotland which we principally undertook by your Advice had very likely been which God forbid in ruin And we to avoid such dangers permitting Protestations of revoking those things when we could conveniently that had so been extorted Nothing be done prejudicial to him or his Crown from us against our will yet permitted them to be sealed with our Seal at that time And afterward by the advice and assent of the Earls Barons and other Wisemen for Lawful Causes because our consent was wanting or as it is in the Revocation directed to the Sheriff of Lincoln because we never consented to the making of the Statute but as then it behoved us we dissimuled in the Premisses c. we have declared it null and that it ought not to have the name and force of a Statute And we understand you have commanded a Provincial Council to meet at London on the morrow of St. Luke next coming in which you intend to excite the Bishops of your Province against us and to Nor to confirm the Statute and Conditions ordain and declare some things prejudicial to us about confirming the said pretended Statute and for the enervation depression and diminution of our Royal Jurisdiction Rights and Prerogatives for the preservation whereof we are bound by Oath also concerning the Process depending between us and you for certain Matters charged upon you by us and that you intend to promulge grievous Censures concerning these things We willing to prevent so great mischief do strictly forbid that in that Council you do not propound or any ways attempt or cause to be attempted any thing in derogation or diminution of our Royal Dignity Power or Rights of the Crown or of the Laws and Customs of our Kingdom or in prejudice of the Process aforesaid or in confirmation of the pretended Statute or otherwise in contumely of our Name and Honour or to the grievance or disadvantage of our Counsellors or Servants Know ye that if you do these things we will prosecute you as our Enemy and Violatour of our Rights with as much severity as lawfully we may Witness the King at Westminster the first day of October The Revocation was confirmed or rather the Statute vacated in Parliament the 17th of Edward the Third in the very next Title or Number to the Acquittal of the Arch-Bishop as followeth 4 Append. n. 89. The Revocation confirmed in Parlement Also it is accorded and assented unto That the Statute made at Westminster in the Quinden of or fifteen days after Easter shall be wholly repealed and annulled and loose the
King's Person and in his Court to appoint a Chancellor Barons and Officers in the Exchequer Judges of one Bench and the other That they might know their Names and what they were to do and the Method they were to take in the Regulation of the Nation after these things were done They also 7 Ibm. n. 25 26. They petition for an end of the War Petition an End might be made of the War which was in great part maintained by the Goods which the Enemies of the Nation took by Sea and Land from the English to the great Slander of the Government and Nation and Destruction of the whole Realm They likewise Petition That certain of the Chief 8 Ibm. n. 28 29. They Petition certain Persons may inspect the Grievances above noted No answer made to this Clercs in Chancery certain Justices Barons of the Exchequer and others Learned in the Law not there named might consult of the Grievances above and that certain Merchants not named might declare the Causes of the Low Prices of our Commodities carrying over our Money Washing and Clipping thereof But I find no report made of this Matter or Remedy ordered There is something in the Statutes at Large in this Year about Exportation of Money and the Exchequer Cap. 2. 9 10 11 12 13. The Commons 9 Ibm. n. 30. brought into Parlement a Schedule containing The Commons propound 3 sorts of Pardons to be granted by the King The first Three Articles for Three sorts of Pardons if the King would please to grant them The first was for the Lords Gentlemen and others that in Resistance of the Riotors and Traytors caused some of them to be slain without due Process of Law for which see the Statutes at Large of this Year Cap. 5. The Statute there exactly agrees with the Record The second 1 Ibm. The 2d sort to appease and quiet the wicked People concerning Treason and Felony committed in the Riots and Tumults which was granted 2 Ibm. n. 32. Several Town excepted out of these Pardons to all and singular Persons except such as were of the Towns of Canterbury St. Edmonds-Bury Beverly Scharburgh Bridgewater and Cambridge except also the Persons whose 3 Append. n. And those that killed the A. Bo. c. Names were after written and were brought into Parlement as the Chief and Principal Excitors and Movers of the Insurrections in the several Countries and those that killed the Arch-Bishop of Canterbury Lord Chancellor the Prior of St. Johns Lord Treasurer and John Cavendish Lord Chief Justice and except such as had escaped out of Prison and had not then rendred themselves Provided that such as received Damages and Losses by these Insurrections Provided notwithstanding those which had received Damages might recover Recompence by Law should not by this Pardon be foreclosed from recovering Recompence by due course of Law The Third was for 4 Ib. Rot. Parl. 5 Ric. II. n. 32. The Third sort of Pardons the good People that kept themselves in Peace and were no ways consenting to or concerned in the Tumults and Insurrections The Forms of the Pardons were now drawn and read tho the King had not yet passed them Afterwards upon 5 Ib. n. 95. The Towns above all Pardoned except St. Edmonds-Bury the Petition of the Commons That the Towns above-named might with other Towns receive the Benesit of the Pardon excedpt those Persons that were specially excepted which the King except the Town of St. Edmond's-Bury that for their outrageous 6 Ibm. Ro. And except the Persons whose Names were delivered into Parlement in Writing and horrible Wickedness so long continued he would not have comprised in his Grace and except also the Persons whose Names were delivered into Parlement as the chief and principal Beginners Abettors and Procurers of the late Outrageous Treason After the Business of the Pardons the Commons make a 7 Ib. n. 34. The Commons rehearse their Grievances Rehearsal of their Requests and Grievances they would have amended and desire to have a view of what was done in that Matter The King tells them 8 Ibm. n. 35. The King tells them of his great Expences and Necessity he had been at great Expence in quieting the Nation in the late Tumults and otherwise as was declared to them before by his Officers and that he was to be at further great Expences by reason of the Queen's coming her Marriage and Coronation which were suddenly to be Celebrated also in guarding the Seas and keeping his Fortresses beyond Sea and for the defence of the Realm at home for the discharge of which Debts and the supply of his Expences he had nothing in Treasure or otherwise The Commons 9 Ib. n. 36. They answer they neither dare or would grant any Tallage answered That considering the Evil Hearts and Rancour of the People thro the whole Realm they neither dare nor would grant any manner of Tallage They desire the 1 Ib. n. 37 38. They desire the Parlement may be adjourned and to see the Method of his Grace and Favour Parlement may be adjourned till after Christmass which was granted and then they also desire again to see the Method of his Grace and Favour The King 2 Ib. n. 39. The King adviseth of his General Pardon until the Commoos should do what belonged to them Replied it was not the Custom of Parlement to have a General Pardon and such favour from the King when the Commons would not grant him any thing and told them he would advise of his Grace and Pardon until they should do what belonged to them and said further it was Customary to grant Pardons the last day of the Parlement when he answered their Supplications and Petitions in Writing Whereupon 3 Ib. n. 40. The Prelates Lords and Commons grant the Subsidy of Wooll the Commons came into Parlement before the Lords saying they had advised and considered the great Charge of the King as well here as beyond Sea and then the Prelates Lords and Commons granted a Subsidy of Wooll Leather and Woollfells until Candlemass next coming as it was last granted which was read in Parlement as also the Declaration of the The Commons much joyed at the King's Grace King's Grace at which the Commons were much joyed and thanked the King most humbly and intirely for the same In this * Ibm. n. 45. The Practice of the Town of Cambridge against the University Parlement there were great Complaints made of the Mayor Bayliffs and Commonalty of the Town of Cambridge for their Evil Practices as well out of the Town in the Country as in it against the Vniversity in the time of the late Tumults as by the * Ib. n. 54. Bill exhibited against them may appear wherein it is set forth That they went to Corpus Christi or Benedict College where they seised the Charters Writings Books and Records
Forfeiture he ought to do If the 4 Ib. n. 52. Suggestion of a Bill in Chancery was not true the Chancellor had Power given him to award Damages at his Discretion See Stat. at Large 17 Rich II. Cap. 6. In the Eighteenth of his Reign the * Knighton's Col. 2742. n. 10. Walsingh f. 351. lin 2. The King went into Ireland with an Army King about Michaelmass went with an Army into Ireland to subdue the Irish who were then in Rebellion and with him went the Duke of Glocester the Earls of March Nottingham and Rutland The Duke of York Guardian of the Kingdom in his absence * Rot. Clause 18 Ric. II. M. 23. Dors A Tenth and Fifteenth given called a Parlement to meet Fifteen days after St. Hillary to Consider of the Prosperous and Happy Government of Ireland and to that purpose sent the Duke of Glocester over into England to procure Money from the Parlement and the Lords and Commons * Rot. Parl. 18 Ric. II n. 6. A. D. 1395. The King settled Ireland granted to the King a Tenth and Fifteenth for the Conquest of that Country and in May next following having settled that Nation and left the Earl of March Deputy returned into England In the Twentieth of King Richard in the Parlement 5 Ib. 20 R II. n. 14 15 16. The Commons frame certain Articles against the King's Royalty and Liberty The Speaker charged to tell who brought in that â—â—â—l holden on the Feast of St. Vincent or 22d of January the Commons had framed certain Articles in a Bill as the King told the Lords he was informed against his Royalty and Liberty such as his Progenitors enjoyed which he was Resolved to uphold and maintain and Commanded the Lords Spiritual and Temporal to let the Commons know it and Commanded the Duke of Lancaster to Charge Mr. John Bussy the Speaker upon his Allegiance to tell who brought in the Bill That which moved and troubled the King therein was about the Expences of his House and the Bishops and Ladies that frequented the Court. The Commons made their Excuse and Submission to the King in manner following On Saturday the Morrow of the Feast of Candlemass 6 Ib n. 16. The Commons deliver the Bill to the Lords the Lords Spiritual and Temporal were with the Commons and shew them the Will and Command of the King and they delivered the Bill to the Lords and the Name of him that brought it to them to wit Thomas Haxey Which Bill was afterwards delivered Thomas Haxey brought the Bill into the House of Commons to the Clerk of the Crown by the Clerk of the Parlement by the King's Command and presently after the Commons came before the King in Parlement by his Command and there with all Humility and Obedience they could shew great Grief as appeared by their Countenances for that the King had taken such conceit against them Humbly praying the King to hear and accept The Commons Excuse and Submission their Excuse That it never was their Intent or Will to speak shew or do any thing which should be an Offence or Displeasure to his Majesty nor against his Royal Estate or Liberty and especially about this Matter touching his Person and the Government of his House or about the Lords and Ladies in his Court nor of any other Matter that touched himself knowing well that such things do not belong to them but solely to the King himself and his Ordering and that their Intention was for the great Affection they bare to the King as faithful Lieges That the Lords might pray the King to consider his Honourable Estate and do concerning it what he pleased And upon this the Commons submit themselves to the King's Will and Favour humbly praying his Royal Majesty to have them Graciously Excused being always ready to save his Royal Estate and Liberty and to perform in Body and Goods as Loyal Lieges are bound what shall be for the Honour and Safety of his Royal Majesty Whereupon 7 Ib. n. 17. The King fully Excuseth them the Chancellor by Command of the King told the Commons That upon his Royal Benignity and Gracious Seignoury he had them fully Excused On Wednesday after Candlemass Thomas Haxey Clerc was in Parlement Thomas Haxey Judged a Traytor Judged to 8 Ib. n. 23. Death as a Traytor and soon after Sentence the Arch-Bishop of Canterbury Thomas Arundel and all the other Prelates came before the King in Parlement with great Humility and made full Protestation That their intire and full Intention was and always should be That his Royal Estate and Royalty should be always saved and preserved without diminution 9 Ibm. The Arch-Bishops and Bishops make Protestation the King's Royalty ought to be preserved They beg the Life Body and Custody of Thomas Haxey which were granted them Et maintenant apres de Juggement rendu devers Thomas Haxey Clerc en Parlement a la mort come traitour viendrent avant le Roy en Parlement ovek grant humilite Lerceveque de Canterbris touz les autres Prelates firent plein protestation que lour entier plein intention â—est tout dis serraque le Royal Estate Regalie du Roy soit tout dis savez Gardez sanz Blemissement And then they pray the King to give them the Life of Thomas Haxey and the Custody of his Body not as of right belonging to them but of his special Grace Both which the King granted The King by assent 1 Ib. n. 40. and Stat. at Large 20 Rich. II. Cap. 6. Sir Robert Belknap c. called out of Ireland of the Lords Spiritual and Temporal and the Commons of his Special Grace granted to Robert Belknap John Holt and William Burgh Knights Banished into Ireland that they might return into England and practise Law there without impeachment notwithstanding the Statute made in the Eleventh year of the King's Reign saving always against them all the other Points contained in the Statute In the 21st of King Richard's Reign 2 Clause 21 Rich. II. Part 1. M. 27. Dors he summoned a Parlement A Parlement summoned to meet on the Monday after the Exaltation of Holy Cross or 14th of September It was made into a 3 Stat. at Large 21 R. II. Cap. 1 Holy Church the Lords and all Comonalties to enjoy their Liberties and Franchises Statute this Parlement That Holy Church the Lords Spiritual and Temporal and all Cities Burghs and other Commonalties of the Realm should have and enjoy all their Liberties and Franchises as they had reasonably had and enjoyed them in the time of his Noble Progenitors Kings of England For that several Judgments were heretofore undone 4 Rot. Parl. 21 Ric. II. n. 9. because the Clergie were not present the Commons prayed the King they might appoint a general Proctor who might have sufficient Authority to act for them The Two 5
and besieged the Castle and took it and within it William Lescrop Treasurer Sir John Bussy and Sir Henry Green all the King's Counsellors who the next day by the Clamor of the People had their Heads struck off The Duke of York the King's Uncle and Guardian of the Kingdom with several Bishops Noblemen and the King's Council consulted how they might oppose the Duke but could do nothing King Richard when he heard in Ireland of his Landing 9 Ibm. n. 40 50. The Nobility and People desert King Richard secured the Sons of the Duke of Lancaster and Glocester in Trim Castle and with the Dukes of Albemarle Excester and Surrey the Bishops of London Lincoln and Carlisle and many others Shipped themselves with all speed that they might raise such a Force as might hinder the Duke's Progress But when he landed understanding his own Condition That the People and greater part of the Lords had forsaken him and gone in to Duke Henry he laid by all thoughts of Fighting and likewise dismissed his Family giving them notice by his Steward Sir Thomas Percy That they might provide for and reserve themselves for better Times The King shifting up and down here and there for many days the Duke always following him with his Army at length fixed at Conway Castle and desired to have Discourse with the Arch-Bishop and Earl of Northumberland to whom he declared He would quit his Government if he might have his Life secured and an Honourable He offers to Quit his Government his Life and an Honourable Maintenance secured Which was Granted Provision made for himself and Eight Persons he should Name These things granted and confirmed he went to Flint Castle where after a short Discourse with the Duke of Lancaster they mounted their Horses and went to Chester Castle that night the Duke 's numerous Army following him At Chester 1 Clause 23 Ric. II. M. 3 Dors Writs for a Parlement in King Richard's Name He is secured in the Tower of London summons were issued in King Richard's Name for the meeting of a Parlement on the Morrow of St. Michael or 30th of September dated there on the 19th of August in the 23d of his Reign In the mean time the King was brought to and secured in the Tower of London until the Parlement should sit Holingshed tells us 2 Chronicle f. 501. a. col 2. The Duke's Obeysance to King Richard at their first meeting And Declaration of the Cause of his coming into England The Duke received at London with great Rejoycing â— The Instruments of the King's Resignation and Deposition contrived by his Order the Duke at the first meeting of King Richard which was at Conway Castle in Carnarvonshire as he came towards him made a Reverend Obeysance and going on did so a second and third time the King taking him by the Hand and bidding him Welcome whereupon humbly Thanking him said The Cause of his coming was to have Restitution of his Inheritance unto which the King readily assented and called for Wine and when they had drank mounting their Horses they rode to Flint and to Chester where they stayed two or three days and went from thence to Nantwich and so the common Rode to London where the Duke was received with all imaginable Expressions of Joy and the King sent to the Tower where we hear no more of him until Michaelmass-Day against which time the Instruments of his Cession Resignation and Deposition with the Articles against him were prepared which are here recited from the Parlement Roll exactly Translated The Roll of Parlement summoned and holden at Westminster in the Feast of St. Faith the Virgin or 6th of October in the Year of King Henry the Fourth after the Conquest the First Membrane xx The Record and Process of the Renunciation of King This Record is Printed in X. Authores Col. 2744. and in Pryn's Plea for the Lords p. 425. which I have compared with the Original Richard the Second after the Conquest and the Acceptation of the same Renunciation likewise with the Deposition of the same King Richard as it here follows BE it Remembred 1 1 Rot. Parl. 1 Hen. IV. N. 10. That on Monday in the Feast of St. Michael the Archangel in the Twenty third year of the Reign of King Richard the Lords Spiritual and Temporal and other Notable Persons That is to say The Lord Richard le Scrop Arch-Bishop of York John Bishop of Hereford Henry Earl of Northumberland and Ralph Earl of Westmerland the Lord Hugh Burnell Thomas Lord Berkley the Prior of Canterbury and Abbat of Westminster William Thyrninge Kt. and John Markham Justices Thomas Stow and John Burbache Doctors of Law Thomas de Erpingham and Thomas Gray Knights William de Feryby and Dionyse Lapham Publick Notaries being Deputed to that purpose came into the presence of King Richard within the Tower of London about Nine of the Clock when the Earl of Northumberland said before the King That at 2 2 Ib. n. 11. Conway in North-Wales and then at Liberty He promised to Thomas Arch-Bishop of Canterbury and himself That he would Quit the Crown of England and France and Renounce all Right to it and to Kingship for the Causes there by himself confessed of his Inability and Insufficiency and this he would do after the best Manner and Form he should be Advised by the Skilful in the Law The same King before the said Lords and others above-named kindly answered That he would with Effect perform what he had promised but first desired to have Conference with his Cousin Henry Duke of Lancaster and the Arch-Bishop of Canterbury before he did it and desired a Copy of the Renunciation he was to make might be delivered to him to Deliberate upon which was done and the Lords departed 3 3 Ib. n. 12. On the same day after Dinner the King much desiring the coming of the Duke of Lancaster and long expecting him at length he and the Arch-Bishop of Canterbury with the Lords and Persons above-named came to his presence in the Tower the Lords Roos of Willoughby and Abergavenny and many others then being present And after he had Conference with the Duke of Lancaster and Arch-Bishop looking about him with a Chearful Countenance as it seemed to the People about him the King called them all to him and said publickly he was ready to make his Renunciation as he had said before and presently taking the Parchment Schedule of his Renunciation into his Hands tho it was told him to spare the Labour and Trouble of Reading it he might have it done by another he said he would read it himself which he did distinctly and absolved his Lieges Renounced Quitted and Sware Read and Said other Things and Subscribed his Name with his own Hand as 't is more fully contained in the Latin Record the Tenor of which follows The Resignation of Richard the Second IN 4 4 4 Ib. n. 13. Name
Nine Months in Chusing a Pope Fol. 78 C Carlisle Tho. Merks Bishop his Speech in behalf of Richard II. Fol. 438 D Cary Sir John impeached his Answer and Excuse Fol. 386 A E Sentence against him Fol. 387 A His Life spared Fol. 388 A He is banished into Ireland Fol. 389 C Cavendish Sir John Lord Chief Justice Beheaded by Rebels Fol. 348 D Caverly Hugh Governour of Calais Fol. 333 F His Success against the French by Sea Fol. Ib. 339 C Chandois Sir John Governour of King Edward III.'s Dominions in France Fol. 281 B Is made Constable of Aquitain Fol. 282 F Charles Crowned King of France Fol. 283 B His Declaration of War against England and on what account Fol. 285 D He sends out Preachers to justifie his Cause Fol. 289 A His great Preparation both by Sea and Land Fol. 294 A His Policy in marching his Army Fol. 295 D E His Death Fol. 341 E Charles his Son succeeds Fol. Ib. He prepares a great Fleet to invade England Fol. 363 A Charter of the Forest and the Great Charter with some Articles added confirmed Fol. 59 D 67 E F 72 F To be published four times in the Year by the Sheriffs Fol. 59 D Three Knights chosen to see them performed Fol. 69 A Of London its Interpretation belongs to the King and Council Fol. 334 C Church-Affairs in the Reign of Edward I. Fol. 93 c. In the Reign of Edward II. Fol. 165 c. In the Reign of Edward III. Fol. 308 c. In the Reign of Richard II. Fol. 445 c. Clergy deny King Edward I. a Subsidy Fol. 40 E He shuts up their Barns and Granaries Fol. Ib. F Their Reasons for not granting an Aid Fol. 44 A Their Lay-Fees seized and are put out of the King's Protection Fol. 45 A B Those of York and many others comply and are received Fol. Ib. E F What they payed for the King's Protection Fol. 49 B Are forbidden to Ordain any thing in their Synods against the King or his Affairs Fol. 50 C Are imprisoned for publishing the Pope's Bull and on what Terms released Fol. 51 A Would not grant an Aid without the Pope's Licence Fol. 73 A They write to the Pope about their Oppressions Fol. 90 A Such as oppressed them declared Excommunicate Fol. 211 D They refuse to be Taxed by the Commons Fol. 344 C They protest against any Law to be made against the Pope's Authority Fol. 392 E Cobham Sir John impeached Fol. 412 C Judgment given against him pardoned Fol. 413 A Colepepper Tho. Executed Fol. 134 B Commissioners sent from England to the Scots Parlement Fol. 359 F Appointed by King Richard II. to govern the Kingdom Fol. 366 F Their Names and Power Fol. 367 A Declared Traiterous and void by the Judges c. Fol. 368 A Their Names that were appointed to Depose King Richard Fol. 431 D Commission See Statute Committee of Lords and Commons how chosen Fol. 338 A Common People refuse to pay an Ayd given by Parlement to Edward II. Fol. 120 F Their Complaints and Petition in Parlement to Edward III. Fol. 239 Commons in Parlement assembled grant an Ayd upon Conditions Fol. 245 250 Their Petition against Churchmen being made great Officers Fol. 291 E Their Complaint against Evil Councellors and ill Management of the King's Revenue Fol. 300 301 They Impeach several for Mismanagement Fol. Ib. Their Petition about Justices of the Peace and for Allowance of Wages Fol. 302 D Their Petition to remove Foreigners Fol. 305 F They desire a Committee of Lords for their Assistance Fol. 327 B Their Petition about the Government of the Realm Fol. 328 D c. The Answer they received Fol. 329 A c. They pray that Great Officers may be chosen in Parlement during King Richard II's Minority Fol. 332 B Their Complaint against Villans Fol. Ib. F They Petition for a Parlement to be held every year Fol. 333 A Their Reasons against granting an Ayd Fol. 336 A They require to know how Money granted was Expended Fol. 337 A The Answer they received by Richard le Scroope Fol. Ib. Their Proposals to Excuse an Ayd Fol. 338 C They grant a Tax of Three Groats on every Person Fol. 344 D Their Complaint of ill Government Fol. 351 E Their Petition for Three sorts of Pardons Fol. 352 E They refuse to grant any Tallage Fol. 353 D They Protest against a Breach with Spain Fol. 355 D They Petition for a yearly Review of the King's Houshold Fol. 364 A They Swear to stand by the Lords Appellants Fol. 371 F They confirm the Statute and Commission and their Proceedings Fol. 389 F They would not have what was done made a President Fol. 390 B They Assert King Richard's Prerogative and Thank him for his good Government Fol. 395 A B They Petition that Villans may not have the Privilege of Cities and Burghs Fol. Ib. E The Three Points they thought too high for their Advice Fol. 394 D They frame Articles against the King's Royalty Fol. 395 F Their Excuse and Submission for the same Fol. 396 B They declare void the Statute and Commission Fol. 397 B Their Petition to the King in behalf of several Lords Fol. 398 F They Petition in behalf of such as came along with Henry the IVth into England Fol. 451 F Competitors for the Crown of Scotland Fol. 21 A 23 F Comyn John Pardoned by King Edward I. Fol. 82 F Is Murdered by the Scots Fol. 84 B His Murderers Excommunicated Fol. 85 E Cressy's great Battle Fol. 237 B D. DAgworth Tho. his Victory in Bretagne Fol. 241 D Is slain Fol. 247 E Darby Henry Earl of sent with an Army into Gascony by King Edward III. with his Success Fol. 235 E His great Victories there Fol. 240 D E Is one of the Lords Appellants Fol. 371 C Dardain James the Pope's Collector and Nuncio in England his Oath to King Richard II. Fol. 448 A David Brother to the Prince of Wales Judicially Condemned and Executed Fol. 11 A King of Scotland overthrown and taken Prisoner Fol. 240 F He is sent to the Tower at London Fol. 241 A Is released of his Imprisonment and on what Conditions Fol. 259 A He returns into Scotland and punished Deserters Fol. 260 E He declares Robert Steward his Successor Fol. 261 A Despencer See Spencers Dynet William accused for being a Wyclivite Fol. 463 F His Oath of Abjuration Fol. 464 A E. EDward I. beyond Sea when his Father died Fol. 1 C The Nobility Swear Fealty to him when absent Fol. 1b He doth Homage to the French for Aquitain Fol. 2 F He received the Homage and Service of his Vassals there Fol. 3 A His Return into England and Coronation and Inquiry into the Rights of the Crown Fol. 1b C D Is Summoned into France and sends his Excuse Fol. 1b E He Prorogues his first Parlement before their Meeting Fol. 4 A Excellent Laws made in his first Parlement Fol. 1b E c. His
contre le Roy et sa Corone et pur tant il voet estre ove le Roy en tel cas layalment et sustenance de sa Corone et en toutz autres cas touchantz sa Corone come il est tenuz par sa Ligeance et pria au Roy que la dite Cedule soit entre de Record en Roll de parlement et le Roy lottroia N. 118. Rendred in English Rot. parl 16. Ric. 2. n. 20. WIlliam Archbishop of Canterbury brought a Schedule into a full Parliament containing his Answers demanded to certain Articles in the Form and Words following TO our most redoubted Lord the King in this present Parliament his humble Chappellan William Archbishop of Canturbury to the petition brought into Parliament by the Commons of the Kingdom in which are contained certain Articles that is to say first whereas our Lord the King and all his Lieges ought of Right and were wont in all times to proceed in the King's Court to recover their Presentations to Churches Prebendaries and other Benefices of holy Church to which they had right to present the Cognisance of which Plea only belonged to that Court by ancient Right of the Crown used and approved in the Times of all the King's Progenitors Kings of England and when Judgment was given in that Court upon such Plea the Archbishops Bishops and other Persons Spiritual who had Institution of such Benefices within their Jurisdiction were bound and had made Execution of such Judgments by Command of the Kings for all the times aforesaid without interruption for a lay Person could not make such Execution and also are bound to make Execution of many other Commands of the King of which Right the Crown of England had been in peaceable Possession as well in this King's Time as the Times â—f all his Progunitors until this time But of late diverse Processes have been made by the holy Father the Pope and Censures and Excommunications published against certain English Bishops for that they have made Execution of such Commands in open Disheritance of the Crown and Destruction of the King 's Regalie his Law and his whole Realme if Remedy be not had To this Article the Archbishop making Protestation that it was not his Intention to say or affirm that our Holy Father the Pope could not Excommunicate a Bishop according to the Law of holy Church answereth and saith that if any Execution or Processes Censures and Excommunications should be made by any Person against any Bishop of England or any other of the Kings Lieges because they made Execution of such Commands he holds this is against the King as it is holden or affirmed in the Petition and therefore he will stand with the King and with his Crown in the Case aforesaid to his Power And also whereas it is said and contained in the same Petition that Clamour hath been made that the holy Father the Pope had ordained and purposed to Translate some Bishops of the Kingdom some out of the Kingdom and some from one Church to another within without the Assent and Knowledge of the King and without the Assent of the Prelate which was to be Translated which Prelates were much profitable to the King and his whole Kingdom by which Translations if they be suffered the Statutes of the Kingdom would be defeated and straightened and the wise Lieges of his Council without their Assent and against their Wills withdrawn and removed out of his Kingdom and the Riches and Treasure thereof exported whereby the Kingdom will be destitute of Counsel and Wealth to the final Destruction of the Kingdom and also of the Crown of England which was so free in all times that it had no earthly Soveraign but immediately subject to God in all things touching the Regalie thereof and to no other Should it be submitted to the Pope and the Laws and Statutes of the Kingdom by him be Defeated and Annulled at his Pleasure it would be to the perpetual Destruction of the Kings Soveraignty his Crown and Regalie and of his whole Kingdom which God forbid The said Archbishop making Protestation that it is not his Intention to say or affirm that our holy Father cannot make Translations of Prelates according to the Law of holy Church answereth and saith That if any Executions of such Translations of any Prelates of the Kingdom were made who were very profitable and necessary to the King and his Realm or that the Sage Lieges of his Council without his Assent and against his Will should be withdrawn or removed out of the Kingdom whereby the Wealth and Treasure thereof might be destroyed The said Archbishop holds this would be against the King and his Crown and therefore he will be with the King Loyally in this Case and in Sustenance of his Crown as he is bound by his Ligeance and prayed the King this Cedule might be entered on Record in the Parliament Role which the King granted N. 119. Pat. 6. Ric. 2. Part. 1. m. 32. REX Cancellario Procuratoribus Universitatis Oxonii qui nunc sunt vel qui pro tempore fuerint Salutem Zelo fidei Christiane cujus sumus semper esse volumus Desensores moti salubriter inducti volentes summo desiderio impugnatores dicte fidei qui suas pravas perversas doctrinas infra regnum nostrum Angliae seminare dampnatas conclusiones eidem fidei notorie obviantes tenere predicare jam noviter pessime presumpserunt conantur in perversionem Populi nostri ut accepimus antequam ulterius in suis procedant erroribus maliciis vel alios inficiant reprimere condignâ castigatione cohercere Assignavimus vos ad inquisicionem generalem assistentibus vobis omnibus theologis Universitatis predicte regentibus faciendam ab omnibus singulis graduatis Theologis Jurisconsultis Universitatis ejusdem si quos de jurisdictione Universitatis illius agnovêrunt qui sint eis probabiliter suspecti de favore credentia vel defensione alicujus heresis vel erroris maxime quarundam conclusionum per venerabilem patrem Wilhelmum Archiepiscopum Cantuariensem de consilio sui Cleri publice dampnatarum vel etiam alicujus conclusionis alicui earundem consimilis in sententia vel in verbis si aliquos de cetero inveneritis qui quicquam predictorum heresium vel errorum vel quemcumque consimilem crediderint foverint seu defenderint vel qui Magistros Johannem Wyclyf Nicolaum Herford Philippum Reppingdon vel Johannem Aston vel aliquem alium de aliquo predictorum heresium vel errorum seu alio simili in verbis vel sententia probabili suspicione notatum in domos hospicia ausi fuerint receptare seu cum eorum aliquo communicare vel sibi defensionem aut favorem prebere presumpserint aliqualem ad hujusmodi fautores receptatores communicantes Defenfores infra septem dies postquam premissa vobis constituerit ab Universitate Villa Oxonii banniendos expellendos donec coram Archiepiscopo Cantuariensi pro tempore existente suam innocentiam manifestâ purgatione monstraverint Ita tamen ut se purgare cogantur ipsos tales esse nobis eidem Archiepiscopo de tempore in tempus infra mensem sub Sigillis vestris certificetis Mandantes insuper quod per Universas Aulas Universitatis predicte diligenter inquiri scrutari faciatis indilate si quis aliquem librum sive tractatum de editione vel compilatione predictorum Magistrorum Johannis Wyclyf vel Nicolai habuerint quod librum illum sive tractatum ubicunque contigerit inveniri arestari capi prefato Archiepiscopo infra mensem absque correctione corruptione seu mutatione quacunque quo ad ejus sententiam vel verba presentari faciatis Et ideo vobis in fide ligeantia quibus nobis tenemini sub forisfacturâ omnium singulorum libertatum privilegiorum Universitatis predicte omnium aliorum que nobis forisfacere poteritis injungimus mandamus quod circa premissa bene fideliter exequenda diligenter intendatis ea faciatis et exequamini in forma predictâ et quod prefato Archiepiscopo et ejus mandatis licitis et honestis vobis in hac parte dirigendis pareatis prout decet Damus autem Vicecomiti et Majori Oxoniensi pro tempore existentibus ac universis et singulis Vicecomitibus Majoribus Ballivis Ministris et aliis fidelibus et subditis nostris tenore presentium in mandatis quod vobis in executione premissorum auxilientur pareant et intendant In cujus c. Teste Rege apud Westmonasterium tercio-decimo die Julii Per Consilium FINIS
less than a Month after the Death of Henry the Third King Edward being in the Holy-Land the Guardians of the Kingdom and Council in his Name by their Proctors made publick 2 Append. N. 44. Protestation for the Vindication of the Prerogative and Rights of his Crown against these Provisions before they Granted the Temporalities 3 Ibm. shewing That Cathedral Churches when void ought of Right and Custom and were wont to be filled by the Canonical Election of the Chapter the King 's Leave having been first asked and obtained And that after the Election the Elect ought to be presented to the King That he might object against him if he had any thing reasonable to propound against him and that it seemed to the King and his Council a great Prejudice to him and the Church of Canterbury whose Patron and Defender he was especially if this should be made an Example in other Churches That the Pope omitted these Vsages where there could not be found any Fault either in the Matter or Form of the Election nor so expressed in his Letters of Provision yet should assume a Power of Supplying Vacancies with Bishops Whence lest for the future the Roman Church should proceed to do the like or if it should do it That the King might not receive Prejudice or be bound to restore the Temporalities of the Churches the King of his especial Grace granted them to this Man and then Iterus Bernard his Procurator and Clerc made Protestation in his Name and stead That this Grant of the Temporalities should not be drawn into Example for the future This Protestation was made and Read at Westminster in St. Stephen's Chapel on the Vigil of St. Lucy the Virgin i. e. December 12th in the presence of Friar Robert â—e â—dwarde by the Elect by the Monks afterwards in compliance with the Pope or under a Pretence to Preserve their own Right and of the Bishop of Eâ—â—â—ster Walter de Merton Chancellor of England John de Chistâ—â— Dean of St. Pauls R. Burnel Arch Deacon of York and many others A. D. 1272. And on the same Day the 4 Pat. 1. Ed. 1. M. 20. intuâ— Temporalties having had sufficient Testimony of his affection to the King and taken the Oath of Fealty to him for that Time out of his especial Grace were Granted by his Lieutenant or Guardians of the Kingdom After six years 5 Antiqu. Brit. f. 192. n. 20 30. A. D. 1279. this Archbishop was made Bishop of Porto in Italy and Cardinal and then Abdicated his Archbishopric upon whose Cession pretending it was his Right so to do notwithstanding the Monks had Elected the Bishop of Bath and Wells then Chancellor of England and the former Protestation The Pope made John Peckham another Preaching Friar-Minor Archbishop and Consecrated him at Rome He was born in Sussex of Obscure Parents and had his first Institution in the Monastery of Lewis The Archbishops Bishops and Clergy endeavouring to put in practice the Canons of Boniface made at 6 Compleat Hist of Engl. f 668. Merron 42 Hen. 3. A. D. 1258. and the Provincial Constitutions of the same Boniface at 7 Spelm. Concil Vol. 2. f. 305. Lambeth 45 of Hen. 3. A. D. 1261. This Archbishop in the 7th of this King on the Third of the Calends of August or 30th of July A. D. 1279. 8 Ibm. f. 320. 323. called a Council of his Suffragans at Reading in which several Sentences of Excommunication were enjoined to be Published 9 Append. N. 45. which so Troubled the King that he convened the Archbishop in his Parlement at St. Michael next following wherein he made an open Revocation of such as pleased him not and were against the Rights of his Crown In the 8th of King Edward this Archbishop and his Suffragans intending to hold a * Spelm. Vol. 2. f. 327. Council at London the King fearing by their late Canons and Proceedings at Reding they might presume to Constitute something therein against his Crown and Dignity 1 Append. N. 46. appointed Roger le Estrange and Hugh Fitz-Otto Steward of his Houshold his Commissioners to go to them and appeal against such Proceedings Next Year he called a 2 Spelm. Ut supra f. 328 Council at Lambeth but the King suspecting the Loyalty of the Archbishop and Bishops directed his 3 Apprend N. 47. Writ to them Commanding them upon their Oaths of Fealty they had all taken to be Faithful to him and Defend his Rights and the Rights of his Kingdom as much as they could and enjoined them by Virtue of their Oath and under pain of losing the Temporals they held of him that they should in that Council do nothing against him his Kingdom and the Rights or Laws which his Predecessors and he had used by ancient and approved Custom nor to do assent to or attempt any thing against them Notwithstanding this Inhibition the Review the Council of 4 See Church Affairs in time of Hen. 3. Spelm. Conc. Tom. 2. f. 329. Lambeth holden under Boniface the then Archbishop to see how far it was suspended by the King's Appeal to the Pope about it and notwithstanding his Revocation of some of the Canons and Sentences of Excommunication made at Lambeth and renewed at Reding about two years before in open Parlement he renewed them again in this Council as 5 Ibm. f. 334. Linwood Constitutiones Provinciales in fine f. 30. That against such as procured or obtained Prohibitions against Proceedings in Spiritual Courts That against the Infringers and Opposers of Ecclesiastic Liberty That against such as took any thing out of or from the Houses Mannors or Lands of Ecclesiastic Persons against their Wills That against such as took or removed any Persons or Goods out of Sanctuary and hindered any Victuals to be brought to such Persons and Lastly against such as Denied to execute the King's Writs for taking the Excommunicates or hindered the taking of them or unjustly procured their Liberty This Council ended 6 Spelm. Concil Tom. 2. f. 341. on the Sixth of the Ides or 10th of October and he wrote the King a Letter about 7 Ibm. Church-Liberty not long after wherein he tells him That for a long time and very anciently there had been great Dissention between the King and Great Men of England and the Archbishops Bishops and Clergy of the same concerning the Oppression of the Church against the Decrees of Popes the Constitutions of Councils and Sanctions of Orthodox Fathers in which the Bighest Authority the greatest Truths and Sanctity did consist and therefore beseeched the King there might be an End put to those Dissentions which could not otherwise be then by his being inclined to close with those three things from which the Canons were Collected and to submit his Crown to the Crown of Christ for that the Ecclesiastic or Church-Liberties were the Jewels of his Spouse He tells him further That