tween the lord the king and the lord Louis and barons, it was agreed, that each should hold the same possessions which he had at the beginning of the war; and the lord Gwalla the legate, the archbishop and bishops, excommunicated all who should violate that treaty of peace; and because the said William had always claimed from the said Falco the said castle as his right, but could not obtain the same, until it was taken by the lord the king; the same lord the king, on account of the treaty of peace which had been made, and through fear of the sentence which had been pronounced, restored to him the scite of the castle to be held in the same manner as his ancestors had held it, as appears in the Rolls of the lord the king; and the said William gave of his property to the lord the king, that he might have such seisin; and if this, &c. and upon this, &c. de Bruwera, we give in command by our letters, that henceforward they commit to him the full and quiet government of his kingdom;" and to the earl of Chester he wrote in this manner; "By this apostolic writing we order and command, that now you commit to him the government of his kingdom, and, without any difficulty, resign to him, and procure to be resigned by others, the lands and castles which you hold in the name of guardianship." In the same words he wrote to the bishop of Winchester: but to the chancellor he wrote thus: "By this apostolic writing we command, for as much as you have the seal of the said king, and the custody thereof, that from henceforward you will use the same according to his good pleasure, and with respect to it, only follow and obey him; and for the future cause no letters to be sealed with the royal seal, but according to his will." As to the land of Henry de Essex, he says, that the lord the king of his grace, when he was of full age, and after the chancellor, by the direction of the lord the Pope, obeyed him, only gave him, by charter, that land, and also restored him the land as his right after he came to his peace; and if this, &c. and upon this, &c. 6. "That whereas the lord William, king of Scotland, formerly delivered to the lord king John his two daughters, the elder (a) of whom was to be married to the lord the king, or to carl Richard, if the lord the king should dies and for which marriage the same king William released king John all his right which he had in the lands of Cumberland, Westmoreland, and Northumberland; and besides, gave to him 15,000 marks in silver; he, before the lord the king was of such age as to be able to determine whether he would take her to wife or not, married her; so that, when the lord the king came of age, he was obliged to give the king of Scotland who now is, 800 oxgangs of land for the release of the lands aforesaid, because the first agreement had not been observed, and thus, notwithstanding he had before married the countess of Gloster, who had formerly been betrothed to the lord king John while he was earl, and whom king John had committed to his custody, and whose marriage he had formerly sold to G. de Mandeville for 20,000 marks, whereby each of them was connected in a certain degree of consanguinity.'~~ Answer. He never knew of the agreement entered into by the two kings; to wit, about the marriage to be had with the lord the king, or 5. "That he had sent messengers to Rome, and before the lord the king was of full age, had obtained that he should be of full age, as if this had been for the advantage of the lord the king, and by authority of this his age, had caused to be granted, by charter to himself, lands which had been of Henry de Essex, and many other lands, dignities, and franchises, of which, by his own authority, he took possession after the death of king John, and of which the said king John died seised, as he also caused to be given and confirmed to religious persons, ecclesiastics and others, many lands and franchises and other things, to the lessening and great detriment of the dignity of the lord the king and his crown."-Answer. He did not send messengers to Rome, but the bishop of Winchester sent to Rome William de St. Albans for the said business, more to the damage of the said Hubert than to his advantage, that he and others might render up their charges, and so it was done at Northampton. After wards, by the common advice of the archbishops and bishops, it was provided, that the king should have a seal, and that writs should run in his name, that so he might be of more awe and greater authority in the kingdom. Afterwards, licence of his age was obtained at the suggestion of the archbishops, bishops, earls, and barons, from pope Honorius, for they suggested to the pope, that his prudence and discretion supplied his age, as is contained in the permission of pope Honorius, which begins thus: "Although, to this time, the youth of our most dear son in Christ, Henry, the illustrious king of England, is computed by his years, yet, because, as we have heard and rejoice at, (a) Matthew Paris says, that at the time of he has acquired a manly mind, and because Hubert's former disgrace, in 1232, the king his prudence exceeds his age, so that he seems had accused him, among other things, of deto make up in the virtue of discretion what he bauching the daughter of the king of Scots, wants in number of years; from this time he is (whom king John had delivered into his cusnot to be forbidden to make useful dispositions tody with the design of marrying her,) and of concerning his kingdom, and the affairs of his traiterously cohabiting with her and having kingdom; and, therefore, we command by this children by her in fornication, and of marryapostolic writing, as with our venerable bro-ing her in the hope of succeeding to the kingther, the bishop of Winchester, and the noble dom of Scotland if he should survive her bro persons, the Justiciar of England and William ther, VOL. I, earl Richard; but that she ought to be disposed of in marriage by the lord the king, with the advice of his great men; and that she was disposed of in marriage by their advice, appears as well by the letters of the lord Pandulph, then legate of England, as by the letters of the archbishop of Canterbury, the bishops, earls, and barons. Nor could the agreement, if it were made, hinder this, because, when she was married, the king was of such age that he could have contracted marriage with her or with another if he would. About the consanguinity between the countess of Gloster, and the daughter of the king of Scotland, he knows nothing. About the 800 oxgangs of land, offered to the king of Scotland, nothing was done by the earl of Kent as to the countess of Gloster; he says, that she was not in the custody of Hubert, but was mistress of herself, and had a right to marry herself to whom she would, after the death of G. de Mandeville, since the lord king John had before sold the marriage of the said countess to the said G. and if this, &c. and upon this, &c. 7. "Whereas the lord the pope commanded that, on account of the said relationship, a divorce should be made between him and the countess, his wife, whom he now hath; he caused all the corn in the ear, belonging to the Romans, to be threshed out by those who were called Lewytheil. In consequence whereof, a general sentence of excommunication was passed against all those offenders, and those who favoured them; and this he did while he was Justiciar and bound to keep the peace, and so that by these means the peace continues disturbed to this time."-Answer. He knows nothing of it, because the thing was not done by him, which plainly appears, because the lord the pope caused an inquisition to be made into this matter by the bishop of Winchester and the abbot of St. Edmund's. And the inquisition made was transmitted to the pope, by which inquisition it plainly appeared that he was not in fault, because, if he had been, the pope would have punished him, which he did not; and if, &c. and upon this, &c. 8. "Whereas he had placed himself in the prison of the lord the king, and by the agreement made between them, he was to be taken to be an outlaw, if he should ever escape from that prison without the licence of the lord the king. He did escape from that prison; and whercas, by that agreement, and by the suit of those from whose custody he had escaped, he was become an outlaw; and afterwards the lord the king had received him into his favour, he would not accept any writ of the lord the king for the remission of that outlawry. And when he was afterwards received into the favour of the lord the king, with the condition, that the grants which the lord the king had before made of the lands, which, by the aforesaid agreement, should stand good; he nevertheless afterwards, contrary to that agreement, impleaded John de Gray, Masty, Besily, Anketill, Malure, Robert Passelewe, Alan Urry, and many others, and recovered against them, by reason whereof the lord the king exchanged with some of them, parts of his own demesne to his great damage; wherefore it appears to the lord the king, that he is not obliged to observe his agreement with the said earl, who, in no respect, has observed the same on his part." -Answer. He made no such agreement; and he says, that, when he was in the custody of four earls of England, who had it in command that no danger should happen to his person, those keepers who were bound to defend him from harm were afterwards removed, and he knows not by whom, so that he was reasonably in fear for himself, and particularly since the bishop of Winchester was the counsellor of the lord the king, who had threatened him, as England knows, and the castle of Devizes was in the custody of Peter de Rivall. As therefore the guard which, by agreement, should have protected him while he was so in custody, was removed from him, it was no wonder if he fled to the church; and this he would on no account have done, if the agreement had been kept with him in his safe custody. As to what is said of the outlawry, he says, that he did not make such an agreement, and that such an agreement ought not to be held of any force, because no good and true man can be outlawed by agreement, for outlawry is a punishment of an evil-doer, and not of a well-doer, and follows from the misconduct of one who will not stand to the right; but he was not such, for he always desired and offered to stand to the judgment of his peers. Afterwards, when he returned to the peace of the lord the king, all the premises were pardoned him, and the outlawry was adjudged and proclaimed null by all the earls of England by the letters of the lord the king, and that judgment was made at Gloster, by the mouth of the lord W. de Radleghe, before the archbishops, the bishops, earls, and barons. To what is said of his refusing to accept a writ for reversal of the outlawry, he answers, that he did this that it might not seem that he confessed himself to have been outlawed justly as a malefactor. And he says, that he impleaded no one contrarily to agreement, because he had made no agreement with the lord the king, except about the office of Justiciar of England, and about the castle of Dover, which he held, by charter, for his life; and this well appears, because he recovered against those whom he impleaded by the will of the lord the king, and in his court, and by the judgment of his court: wherefore he is not to blame as to this. And if, &c. and upon this, &c. 8. "That he spake base (b) and scandalous (b) According to M. Paris, it was alledged against Hubert, that, in order to prevent the marriage of the king with some great lady, probably the daughter of the duke of Austria, he had said, that the king squinted, and was foolish and worthless, had a leprous appearance, was deceitful and perjured, weak, ex words of the lord the king, in the presence of the lord Ralph, son of Nicholas, Godfrey de Cramcumbe, the brother of G. and others; and the lord the king still has many things to be proposed and alledged against him, which, for the perusal, he reserves in bis mind to propose when it shall please him and occasion shall serve." This he positively denies, as against his lord, and against all others, who shall say it, and this he will maintain in any manner that his peers shall adjudge, and all the premises at the restoration of peace were pardoned to him, and remitted in law; wherefore it does not appear that he is liable to be questioned at law, concerning the premises; and if, in any of the matters aforesaid, he has answered insufficiently, the earl is ready to tremely effeminate, violent towards those about about him, et prorsus inutilis amplexibus alicujus ingenne mulicris. make further answer. Moreover it appears to him, that he is not liable to answer, unless restitution be made to him, of all his goods whereof he has been disseised, since no man is held liable to answer in a secular or ecclesiastical court, while disseised of his property. A day was given to the same Hubert, before our lord the king, for hearing his Sentence on the morrow of the beheading of St. John.M. Paris says, that Hubert sufficiently proved his innocence, to all who heard him, in spite of all the exertions, on the part of the king, to establish his guilt; but yet that, to appease the king's anger and rancour against the Earl, it was adjudged, that the Earl should resign to the king four of his castles of which he was particularly fond; namely, Blanch, Grosmund, in Wales, Skenefrith, and Hatfield.-For more particulars of the history of this Hubert de Burgh, Brady's History may be consulted. See also 1 Cobbett's Parl. Hist. 12, 13. 3. Proceedings against PIERS GAVESTON, 35 Ed. I. 5 Ed. II. A. D. 1307. [Cl. 35 Ed. I. M. 13. Dors. Rot. Parl. 5 Ed. II. Brady's Hist.] IN the time of the last parliament of king Ed- | ward the 1st, held at Carlisle in the last year of his reign, notice being taken 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 Lanercost by the king's order and command (not on his death-bed as 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 15 days after 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 100 marks sterling by the year out of the revenues of Gascony. On the death of Edward the 1st he returned to England, and was received with great favour by king Edward the 2nd, who made him earl of Cornwall, constituted him his guardian and lieutenant of the kingdom, for the better conservation of the peace and quiet thereof, while he should be beyond the seas, or during his pleasure. And he gave him power to grant Licences of choosing pastors of cathedral and conventual churches, to take their fealties when elected and confirmed, and restore the temporalities, to give prebends and vacant benefices, which were of his collation or presentation, and dispose of wardships and marriages which might happen in his absence. The king's partiality to Gaveston occasioned great discontent and many contests between the king and his barons. In the fifth year of his reign, it was, among other ordinances against Gaveston, ordained in parliament and confirmed by the king: "For that by the examination of prelates, earls, barons, knights, and other good people of the realm, it was found that Piers de Gaveston had evilly counselled the king, and had inticed him to do ill in divers manners; that he cheated the king of his treasure, and sent it beyond sca; that he accroached to himself royal power and dignity, in making alliances with people upon oath, to live and die with him against all men; that he put from the king good officers, and placed about him those of his covin and party, as well strangers as others; that he estranged the king's heart from his liege people, so as he despised their counsels; that he caused the king to grant lands, tenements, aud offices to himself and his heirs, and divers other people, to the great damage and injury of the king and his crown; that he caused blank charters to be sealed with the great seal, in deceit and disinheritance of the King and crown; that he maintained robbers and murderers, causing the king to pardon them; that king Edward, the father of the present king, ordered him to forswear the realm of England, and directed that his son the present king should for ever forswear his company; and for several other reasons, as the nourishing of concord between the king and his people, and the eschewing of many perils and discords, it was ordained the said Piers should for ever be exiled out of England, Scot and, Wales, and Ireland, and all the king's | day, then he should be treated as an enemy to dominions either on this side or beyond the the king, kingdom, and people." sea, between that time and the feast of AllSaints next following (having Dover assigned him for his port to pass from, and no other) and if he should be found in England, or any other part of the king's dominions beyond that He accordingly quitted the kingdom, but was soon afterwards recalled by the king, and falling into the hands of the earl of Warwick, was by him put to death. 4. Proceedings against HUGH and HUGH LE DESPENCER, 13 Edw. II. A. D. 1320. [Brady's History, 128.] SHORTLY after the fall of Gaveston, the two Despensers, father and son, acquired a very great ascendancy over king Edward 2. The manner in which they exercised the power with which he invested them, so exasperated the nobles, that they took up arms to obtain justice against the Despensers; and after many violent proceedings they entered into the following Confederacy at Sherborne, in Dorsetshire, in 1320. "The CONFEDERACY of the earls and barons had Hugh the father and son in their possession, This against Hugh and Hugh le Despenser. "This Indenture Witnesseth, That on the Sunday next after the feast of St. John Baptist, in the 14th year of the king, at Sherborn in Elemede, in the presence of the archbishop of York, the bishops of Durham and Carlisle, the earls of Lancaster and Encgos, it was considered, That Hugh le Despenser, the father and the son, had ill counselled and moved the king, to the dishonour and damage of him and of his kingdom; and having heard and understood the reasons of the earl of Hereford, Roger de Mortimer the nephew and uncle, Hugh de Audely the father and son, Roger Dammory, John de Mowbray, Maurice de Berkeley, Roger de Clifford, Henry de Teys, John Giffard, Thomas Mauduit, Gilbert Talbot, and other great men, and others of the Marches (i. e. of Wales.) And notice of Information having been given to the earls of Lancaster and negos, Monsieur Robert de Holland, Fonk de Estrange, Stephen de Segrave, William le Latimer, John Devery, John de Harrington, Adam de Swimnington, William de Kyme, Marmaduke de Tweng, Richard Walleys, Robert Pierpount, Ranulph Dacre, Edmund Deyncourt, Thomas Willeby, William de Penington, Ralph de Nevill, Giles de Trumpyton, John de Beker, Adam de Hodeleston, Michael de Haverington, Adam de Everingham, William Trussel, Robert de Rigate, Robert de Richer, John de Clifford, Henry de Bradbourn, Nicholas de Langeford, John de Brekeworth, Thomas Wycher, John de Cliff, Thomas de Longuevillers, Edmund de Nevill, Gaslelin Daniel: That the earl of Hereford, Monsieur Roger de Mortimer, and other great men of the Marches, and others above-Award against the two Spencers, and concealnamed, have begun quarrels and complaints against monsieur Hugh the father and son; and that 'tis done to the honour of God, the honour and profit of the king and of his kingdom. And it seemed to them all, that the oppressions could not be taken off from the people, until they From whence they march to St. Albans, plundering victuals every where in their march, and oppressing the poor. Per viam diripientes ubique victualia & pauperes terræ gravantes; from whence they sent the bishops of London, Salisbury, Ely, Hereford, and Chichester (then at St. Albans, to make peace) to the king at London; not only to send Hugh and Hugh the two traitors from his court, but also out of the kingdom. The king's answer was, That Hugh the father was beyond sea in his service, and Hugh the son was at sea for the guarding of the Cinque Ports according to his duty; and that according to right and custom, they ought not to be banished without answering for themselves. The king had summoned a parliament on the 15th of May, to meet three weeks after Midsummer, on the 15th of July, at Westminster. The barons, upon the receipt of the king's Answer, go to London with horse and arms, notwithstanding the king had commanded thei to come to the parliament in due manner; there they held a council by themselves, and came not to Westminster as they were summoned, but remained in London with horse and arms fifteen days after the king had begun and holden his parliament, when they made the ed 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 peril of him, the crown and the kingdom.-5. and his realm, and to maintain peace amongst Also to attain to their wickedness, covetoushis people and the estate of the crown, the pre-ness, and disinheriting the great men, and delates, earls, barons, and other peers of the land struction of the people, they put out good and and commons of the realm, do shew against agreeable ministers placed by assent, and put sir Hugh le Despenser, father and son, That in others false and wicked of their party, who Whereas sir Hugh the son at the parliament at will not suffer right to be done as sheriffs, esYork was named, and it was there agreed he cheators, constables of castles, and make justishould be chamberlain to the king; in which ces not understanding the law, as sir Hugh the parliament it was agreed, That certain prelates father, sir Ralph Basset, sir Ralph Camois, and and other great men should be with the king sir John Inge, and others their friends; who by turns, at several seasons of the year, the caused to be indicted, by false jurors of their better to advise him, without whom no great alliance, the peers of the land, as the earl of business ought to pass. The said sir Hugh the Hereford, M. Giffard of Brimmesfield, and M. son, drawing to him his father, who was not by Robert de Monshall, and other good people, to order of parliament to be near the king, or to get their lands.-6. Also they falsly and malibe one of those counsellors, between them both ciously advised the king to raise arms against have usurped royal power over the king and his people in Glocestershire, contrary to the his ministers, and the government of the king- Great Charter, and the award of the peers of dom, to the dishonour of the king, the injury the land, and by their false and evil counsel, of the crown, and destruction of the kingdom, would have made war in the land for their own great men, and people; and have done the proper quarrel, to the destruction of Holy wickednesses under-written, in contriving to Church and the people.-7. Also whereas the turn the heart of the king from the peers of the earl of Hereford, and the lord of Wigmore (i. e. land, that they may have the sole government Mortimer) by the king's command were assignthereof.-1. That sir Hugh the son made a Billed to make war upon Lhewelin Bren, who had or writing, whereby he would have had sir John | Gifford of Brimmesfield, sir Richard de Greye, and others, entered 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 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 on 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 error; 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 counsellors to speak with, or come near the king to advise him, nor the king to speak to them, unless in their presence and bearing, 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 levied war against him in Glamorganshire, when the earl of Gloucester's lands, by reason of his death, were in the king's hand; and Lhewelin had rendered 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 Gloucester'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 forejudged 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 entering into Gloucestershire, in disheritance of the peers of the land.-9. Álso that whereas the king had granted by his letters patents to the earl of Warwick in full parliament 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 parliament, the said sir Hugh the father procured his son to cause the king to repeal |