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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.

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 his mind to propose when it shall please him and occasion sball 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 ingenna mulicris.

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 Ilubert 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. Rot. Parl. 5 Ed. II. Brady's Hist.] 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:

1307. [Cl. 35 Ed. I. M. 13. Dors. IN the time of the last parliament of king Edward the 1st, held at Carlisle in the last year of his reign, notice being taken of the great familiarity there was between the prince aud 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 LaDercost 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

"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, and offices to himself and his heirs, and divers other people, to the great damage and injury of the king and his crown; that he caused blank charters to be sealed with the great seal, in deceit and disinheritance of the king and crown; that he maintained robbers and murderers, causing the king to pardon them; that king Edward, the father of the present king, ordered him to forswear the realn 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

nud, Wales, and Ireland, and all the king's dominions either on this side or beyond the 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

day, then he should be treated as an enemy to the king, kingdom, and people."

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.

and HUGH LE DESPENCER, 13 Edw. [Brady's History, 128.]

4. Proceedings against HUGH
II. A. D. 1320.
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 Con-
federacy at Sherborne, in Dorsetshire, in 1320.
"The CONFEDERACY of the earls and barons

had Hugh the father and son in their possession, or they were banished: And it was with one Assent of them all there, whoever they were, That the quarrels or complaints before named, should be maintained to the honour of God and of holy Church, to the profit of the king, the queen, and their children, and the safety of the crown and people. And so as the earl of Lancaster and other great men which began this and all named after him, with them will mainquarrel will maintain it, so the earl of negos, tain it with all their power. And whenever the earl of Lancaster and other great men shall leave the quarrel, the earl of negos, and all those named after him, may leave it, without being accused or questioned for it. And to maintain these things, the earl of Enegos and all others after him, put to their seals." This was the part of the Indenture agreed and sealed to by the earl of Auegos.

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 Ænegos, it was considered, That Hugh le Despenser, the father and the son, bad ill counselled and moved the king, to the dishonour and damage of him and of From whence they march to St. Albans, his kingdom; and having heard and understood plundering victuals every where in their march, the reasons of the earl of Hereford, Roger de and oppressing the poor. Per viam diripientes Mortimer the nephew and uncle, Hugh de ubique victualia & pauperes terræ gravantes; Audely the father and son, Roger Dammory, from whence they sent the bishops of London, John de Mowbray, Maurice de Berkeley, Roger Salisbury, Ely, Hereford, and Chichester (then de Clifford, Henry de Teys, John Giffard, Tho- at St. Albans, to make peace) to the king at mas Mauduit, Gilbert Talbot, and other great London; not only to send Hugh and Hugh the men, and others of the Marches (i. e. of Wales:) two traitors from his court, but also out of the And notice of Information having been given kingdom. The king's answer was, That Hugh to the carls of Lancaster and negos, Mon- the father was beyond sea in his service, and sieur Robert de Holland, Fonk de Estrange, Hugh the son was at sea for the guarding of the Stephen de Segrave, William le Latimer, John Cinque Ports according to his duty; and that Devery, John de Harrington, Adam de Swim- according to right and custom, they ought not nington, William de Kyme, Marmaduke de to be banished without answering for themTweng, Richard Walleys, Robert Pierpount, selves. The king had summoned a parliament Ranulph Dacre, Edmund Deyncourt, Thomas on the 15th of May, to meet three weeks after Willeby, Williain de Penington, Ralph de Ne- Midsummer, on the 15th of July, at Westminvill, Giles de Trumpyton, John de Beker, Adam ster. The barons, upon the receipt of the king's de Hodeleston, Michael de Haverington, Adam Answer, go to London with horse and arms, de Everingham, Willian Trussel, Robert de notwithstanding the king had commanded them Rigate, Robert de Richer, John de Clifford, to come to the parliament in due manner; Henry de Bradbourn, Nicholas de Langeford, there they held a council by themselves, and John de Brekeworth, Thomas Wycher, John came not to Westminster as they were sumde Cliff, Thomas de Longuevillers, Edmund de moned, but remained in London with horse and Nevill, Gaslelin Daniel: That the earl of He- arms fifteen days after the king had begun and reford, Monsieur Roger de Mortimer, and other holden his parliament, when they made the 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


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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,

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, M. Giffard of Brimmesfield, and M. 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 assign

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 commons of the realm, do shew against sir Hugh le Despenser, father and son, That Whereas sir Hugh the son at the parliament at York was named, and it was there agreed he should be chamberlain to the king; in which parliament 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 parliament 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 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 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 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 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 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

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. Also that whereas the king had granted by his letters patents to the earl of Warwick in full parnorliament 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

this grant without cause, and to give to the After they had by force obtained these things, said Hugh the father, for his own profit, the and in this manner, they bethought themselves guard of those lands; and also had defeated of some security for what they had done, setby evil counsel what the king had granted in ting forth, That they could not be obtained by his parliaments by good advice, and by assent process of law, for that the two Despensers of the peers of the land, to the dishonour of usurping royal power, and having the king and the king, and against right and reason.-10. his ministers, and the direction of the law at Also, that they would not suffer the king to their devotion, or in their power, the great take reasonable fines of the peers of the land men of the land made a Confederacy by oath, and others, when they entered and received writing, and in other manner, without the king's their fees, as it had been used before that time: leave; and then they and others, with horse but by covetousness, to get such lands by the and arms, marched against others, with the royal power they had gained, they caused undue king's and their own arms displayed, and took impeachments to be brought, surmising the and seized upon castles, towns, manors, lands, land was forfeit, as of sir John de Mowbray for tenements, goods and chattels of the king's the lands of Gower, and of others, to the da- liege subjects; and others of them they took mage and dishonour of the king, and contrary and imprisoned, others they ransomed, and to the law of the land, in disheritance of the some they killed, and did many other things, great men and others. Also making the king in destroying the said Hugh and Hugh, and do against his oath in parliament.-11. Also their allies and others, in England, Wales, and by wicked covetousness and power royal they the Marches, of which some may be called will not suffer the king to hear or do right to felonies; which things having been so done by the great men, upon what they presented to necessity, ought not to be taken notice of, or him, for himself and themselves touching the punished by law, nor can be without great disheriting the crown and them touching the trouble or hazard of war. These great men pray lands which were the Templers. Also by the king for peace sake, for the assuaging of anusurped power royal they governed the king, ger and rancour, and making unity in the land, his council, and his prelates, that in matters and that he may more entirely have the hearts concerning them and their friends, or which and good will of his people to defend his own they undertook, no right could be obtained but countries, and offend his enemies; that it might according to their pleasure; to the damage and be accorded and assented to in full parliament, dishonour of the king, the peril of his oath, and by the king, prelates, earls, barons, and commous disheritance and destruction to the people of (& la comon de royalm) that no great men of his realm.-12. Also bishops, abbots, and priors the realin, Prelate, Earl, Baron, Knight, Clerk, elect, who ought to be received of the king or Esquire for the Confederacy made by oath, when duly elected, cannot come near him, nor writing, or in other manner, or for riding with speak with him to obtain his favour, until they the king's, or other arms displayed, nor for the have agreed and made fine with sir Hugh the taking, possessing, or detaining of castles, son according to his pleasure; nor any that towns, manors, lands, tenements, goods, or had any grant to ask of the king could obtain chattels, the taking, imprisoning, and ransomit, before they had made fine with him.-Which ing the king's liege-people, or for killing of wickednesses are notorious and true, as it is men, other robberies, felonies, or other things found by the examination of the earls, barons, done against the king's peace, which may be and other peers of the land: Wherefore we judged trespasses or felonies, from the beginpeers of the land, earls and barons, in the pre-ning of the world to that day; and other peosence of our lord the king, do award, That Hugh ple of what condition soever they were, for le Despenser the son, and Hugh le Despenser the trespasses and felonies aforesaid committed the father, shall be disherited for ever, as dis- since Candlemas last past to that day, should heriters of the crown, and enemies to the king not be impeached, grieved, or molested at the and his people, and to be banished the king- suit of the king or any other. But of all such dom of England, never to return again, un- things, by this statute and accord should be less it be by the assent of the king, and by the quit for ever, saving to every one, except the assent of the prelates, earls, and barons in par- said Hugh and Hugh, their right to demand liament duly summoned;' to avoid the realm and recover their frank tenement, and their between that time and the feast of the decol- right, without punishment from the king, or lation of St. John Baptist, or 29th of August giving damages to the party. And also, That next coming; and if found in England after it may be granted by the king in the said parthat day, or if they returned after that day, liament, that if any earl, baron, or any great then to be done unto as to the enemies of the man, for themselves or others, whom they king and kingdom."-This in the printed copy shall name to the chancellor, between this and is called, Exilium Hugonis le Despenser, pairi St. Michael next coming, will have the king's & filii; the Banishment of Hugh Despenser, pardon of sute of the peace, or what pertains father and son. to him, of all manner of felonies and trespasses done contrary to the peace; or of disobediences, contempts, conspiracies, confederations,

Articles appear to have been admitted
granted, without any direct proof,

r then was to proceed in parlia-privy covenants, and obligations, made against

the king, should have their charter of pardon,

enter upon all his lands to destroy them, and with the same power and force to besiege his towns and castles, and took them by force, and killed part of his people, sir John Iwayn, Mat

without paying fees in the Chancery; and that all such writings where-ever found to be null. This was granted, and hath this title in print, Ne quis occasionetur pro feloniis seu transgressionibus factis in prosecutione Hugonis le Des-thew de Gorges, and about 15 other Welshpenser, patris & filii, That no man may be prosecuted for the felonies and transgressions committed in the prosecution of Hugh Despenser father and son: and there follows a charter of pardon granted to the earl of Hereford, according to this accord; dated the 20th of August next following, then in the 15th year of his reign.

In December following, Hugh Despenser, the younger, applied himself to the king for the repeal of his exile, who committed him to prison, and sent his petition to the archbishop of Canterbury, the other bishops and clergy being then in a provincial synod at London, to advise about, and give him their sense upon it, who judged the award, as to the exile and disinheritance, erroneous, against right, and obtained by force, without their consent, as peers of the land, and therefore advised and prayed the king to repcal, and make it null for ever; which was done, and the king granted him his protection and safe conduct, for his person and estate, by his letters patents, dated at Westminster, the 8th of December in the 15th of his reign.

On the 14th of March, in the 15th of his reign, the king at Derby issued his summons for a parliament to be holden at York three weeks after Easter next coming, into which parliament upon the petitions of Hugh Despencer, the father and son, (notwithstanding the son's had been reversed before) was brought before the king, the process and award for their disheritance and exile, and upon shewing the errors in them, they were both revoked and made null.-" Whereas lately at our parliament summoned at Westminster to meet three weeks after the nativity of St. John Baptist last past, an award was made against sir Hugh le Despenser the son, and sir Hugh le Despenser the father, by certain great men of the realm, and then after the feast of St. Andrew next following, Hugh the son petitioned Us, shewing, That while he was in our service in the office of Chamberlain, and so appointed in full parliament, the earl of Hereford, M. Roger de Mortimer the nephew, M. Roger de Mortimer the uncle, M. Roger Damory, M. John de Mowbray, M. Hugh d'Audele the father, M. Hugh d'Audele the son, M. Roger de Clifford, M. John Giffard de Brimmesfield, M. Maurice de Berkeley, M. Henry de Tyes, M. John Maltravers, and many others, made a Confederacy by oaths and writing to pursue and destroy him, and upon this agreement all the above-named, with their retinues, came the Wednesday after the feast of the invention of Holy Cross, in the 14th year of the king, to Newport in Wales, with force and arms, that is, to wit, with 800 men at arms, with the banner of the king's arms displayed, and with 500 Hobelors, and 10,000 foot, to


men; and part they maimed, as sir Philip Joce; and part they took and imprisoned, as sir Ralph de Gorges, who was then in prison, M. Philip Joce, sir John de Fresingfield, sir John de Dunstable, William de Dunstable, and many others, which they frced upon ransom ; and they took, carried, and drove away his goods and chattels found in his towns and castles; that is to say, 40 war horses, and armour for 200 men completely armed, and other warlike engines and implements, and victuals, wheat, wine, honey, salt, flesh, fish, and other victuals, to the value of 2,0001 and burnt all his charters, remembrances, and monuments they could find, to his loss 2,000l. They also burnt part of the gates of his casties, and houses, and took the irons out of the windows, and leads of the houses, &c. and carried them away, to the damage of 2,000l. 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 manors, 60 large working mares with colts and foals of two years, 160 heifers, 400 oxen, 500 cows, with their breed for two years, 10,000 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 manors, lands, and towns in Wales, which were 24 in number, to his damage of 2,000l. They burnt his granges, and destroyed his crop upon the ground, to his damage of 2,000l. and the debts which were owing him there, by force and cruelty they made his debtors pay unto them, to the value of near 3,000l. with fee-farm rents, and other customs, which amounted to near 1,000l. And from Wales with the same power and force they came into England, upon his castles, towns and manors there, and cut up his woods, unchaced his chaces, disparked his parks, pulled down his houses, robbed and rifled as much as they could any where find, to his damage of 10,000l. 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 parliament at Westminster, and there upon false accusations, without calling the said Hugh to answer, against

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