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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 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 parliament; 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 parliament, but did not, when they came with horse and arms, and all their force; Whereupon the said Hugh came and rendered 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-gines and provisions, with the destruction of his 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 Arundel, 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 parliament 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 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 bis manor of Fastern in Wiltshire, and twelve others in that shire, six in the county of Gloucester, 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 manors 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 son's, and used his debtors, tenants, friends and people as those of his son; except that the loss of his goods, moveable and immoveable, in and upon his manors 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; 500 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 en

houses, to his damage 30,000l. And at the same time they entered the Abbey of Langley in Wiltshire, broke up his coffers, and carried away 1000l. in silver, also his charters, evidence, and bond, cups of gold and silver, and other silver vessels and jewels, to his damage of 10,000l. And at the same time with force and arms entered the king's castle of Marlborough (where he was the constable) and took his goods there found, 36 sacks of wool, 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 5000l. Excepting these differences of losses, the petition is the same with his son's verbatim, and the errors assigned in the process and award, are the very same; his rendering 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 an an nostre regne quinzisme feisems devant nous le proces del dit Egard a la suite les ditz Hugh le fitz. & Hugh le pere, en cestes paroles, a l'honeur de Dieu & seinte eglise, &c.) And we afterwards, at our parliament 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 honour of God and holy Church, &c. the whole award being cited in this record. After which recital it follows, (a quem parlement, &c.) At which parliament 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 annul 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 reasons of the said Hugh and Hugh, we caused the process to be examined in full parliament, in the presence of the prelates, earls, barons, knights of counties, and the people that were come, by reason of the parliament (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 without calling them to answer, and without the assent of the prelates, which are peers of the realm in parliament, 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 parliament 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 parliament, 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 parliament at Westminster as they ought, yet they would not come, nor let us know their mind, nor the cause of the award, though we had begun and held the parliament fo. 15 days and more, and

VOL. I..

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 proclaination 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 trooping with banners of ours and their own arms displayed, and taking and possessing castles, towns, manors, 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 other 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 record aver) upon the causes of the said award. And we are bound by the oath we made at our coronation, and obliged to do right to all our subjects, and to redress and cause to be amended all wrongs done to them when we are required, according to the Great Charter, by which we are not to sell or delay right and justice to any one; and at the pressing advice and request of the prelates, given us for the safety of our soul, and to avoid danger, and for to take away an ill example for the time to come of such undertakings and judgments, in the like case, against reason. Wherefore we secing and knowing the said process and award, made in the manner aforesaid, to be as well to the prejudice of us, the blemishment, (or hurt) of our crown and royal dignity, against us and our heirs, as against the said Hugh and Hugh, and for other reasonable causes, of our royal power, in a full parliament at York, by the advice and assent of the prelates, earls, barons, knights of counties, the commons of the realm, and others being at our parliament at York (pur le conseil & l'assent des prelatz, countes, barons, chevalers des coun

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tez le commun du royalme, & altres a nostre dit parlement a Everwyk Estauntz) do wholly null and defeat (de tut anentissoms & defesoms) the said award of the exile and disinheritance of the said Hugh and Hugh, and all things in the award (& quant que cel agurd touche) and do fully remit and reconcile the said Hugh the son, and Hugh the father, to our faith and peace, and to the estate they had and were in before the making of the award in all points. And we award, that they have again (recient) seisin of their lands and tenements, goods and chattels, &c. And we will and command, that where this award is enrolled in any places in our court, it be cancelled and aunulled for ever.' And so the roll was cancelled and crossed, and remains so at this day, with this memorandum written under the Award. These things above written are nulled and cancelled by force of an Award made in the parliament at York held three weeks after Easter in the 15th year of the reign of our lord, as it is contained in a roll sowed to, and hanging at this roll in the month of May.'

After this, the Despensers soon regained their power, and queen Isabel having taken arms against her husband, king Edward, assigned the misconduct of these Despensers as the cause of her doing so, in the following Proclamation:

been estranged from the good pleasure of our lord the king, by the false suggestions and evil procurement of the aforesaid Hugh and Robert, and their adherents, are come into the land to raise the state of Holy Church and the realm, and to defend the people from these mischiefs and grievous oppressions, and to maintain to our power the honour and profit of Holy Church, and our lord the king and the whole realm, as abovesaid. Wherefore we command and pray you for the commou profit of you and every one of you, to be aidant to us at all times and in all places, and by all the ways you know or can, that the things abovesaid may be speedily brought to a good effect and end. For know certainly, that all we, and all those with us, will not undertake any thing that shall not be for the honour and profit of Holy Church, and of the whole kingdom, as in time you will see and find, if God please. Given at Wallingford the 15th day of October, in the twentieth year of the reign of our most dear lord the king."

From Wallingford she marched to Oxford, and so in a short time to Bristol, which she besieged, and soon took; and the next day after she came thither, Hugh Despenser the father, earl of Winchester, was drawn and hanged upon the common gallows, without hearing or trial, on the 27th of October.

"Isabel, by the grace of God, queen of England, dame of Ireland, countess of Pontif, or Hugh Despenser the son was soon after taken, Ponthieu; and we Edward, eldest son to the and, as Knighton reports, was arraigned before noble king of England, duke of Guyen, earl of sir William Trussel, a justiciary, in the form Chester, Pontif, and Monstroil, or Monstrevil; there mentioned, which was by way of a speech and we Edmond, son to the noble king of Eng-made against him, as it is here contracted: land, earl of Kent, to all those to whom these letters shall come, greeting: Whereas it is notoriously known, that the state of Holy Church and the Realm of England, are many ways blemished and abased, by the evil counsel and abett of Hugh le Despenser, who by pride and a desire to lord it, and set himself over all others, hath taken upon him royal power against right, reason, and his allegiance; and in like manner made use of all the evil counsel of Robert Baldock and others bis adherents, so as Holy Church is reviled, and shamefully put under great subjection, and the prelates of Holy Church spoiled of their goods against God and right; Holy Church defamed and dishonoured many ways, and the crown of England destroyed in divers manners, in disheritance of our lord the king, and his heirs, the great men of the realm, by the envy and wicked cruelty of the said Hugh; many of them, with out fault and without cause, put to shameful death; some disherited, others imprisoned, banished, and exiled; widows and orphans wrongfully forejudged of their right, and the people of the land, by divers tallages and undue exactions very often burthened, and by divers oppressions grieved without mercy. By which offences the said Hugh bath shewn himself an open tyrant and enemy to God and Holy Church, to our most dear lord the king, and to the whole realm. And we, and many others with us, and in our company, who have long

IIugh le Despenser. In the parliament at Westminster, in the 15th of the king, your father and you Hugh were awarded traitors and enemies of the realm, and banished as such, never to return without the assent of the king in full parliament duely summoned. Contrary to which award, your father and you Hugh were found in the court without warrant : and you Hugh, as you returned into the kingdom, feloniously spoiled and robbed two domands (merchant-ships so called) of goods to the value of forty thousand pounds. Hugh, after this felony, you came to the king and caused him to go with force against the peers of the realm, and other his liege people, to destroy and disherit them, contrary to the Great Charter: and also taking upon you royal power, you Hugh and your assistants, with force and arms, robbed feloniously the good people of the realin; and by Andrew Harleye, and other traitors your adherents, murdered the good earl of Hereford, M. William Sullee, and M. Roger de Berfelde (at Borough-bridge) and caused to be taken my most honourable lord Thomas the good earl of Lancaster, and caused him to be judged by a false record, against law, reason, and the Great Charter, and also to be murdered, martyred, and put to a cruel death. Also in the same march (in the French, journey') to Borough-bridge, you caused many of my lord's (the earl of Lancaster) barons and knights to be drawn and hanged, by false record against law

He was at this time earl of Gloucester; and no trial by common jury, or his peers appears; and the attaint was only this speech made against him, and most of what was objected to had been pardoned by act of Parliament. On the 24th of Nov. he was drawn and hanged upon a gallows 50 feet high, and then quartered, and his head fixed upon London-bridge. Those who brought him to the queen had for their reward 2000l. as she had promised.

and reason, and caused other great men to be and are found as a traitor, and therefore shall put in prison and murdered to get their estates, be drawn and quartered; and for that you have as Roger Mortimer the nephew and uncle, been outlawed by the king, and by common Hugh Audeley father and son, and the earl of assent, and returned to the court without warHereford. Hugh, after this destruction of the rant, you shall be beheaded (vous serrez decolnobility, you Hugh, your father, and Robert lez) and for that you abetted and procured Baldock, usurping royal power over the king, discord between the king and queen, and others led him and his people into Scotland against of the realm, you shall be embowelled, and his enemies, where you Hugh by your traiterous your bowels burnt. Withdraw, traitor, tyrant, conduct caused him to lose 20,000 of his peo- | and so go take your judgment, attainted wicked ple, to his great dishonour, and damage of the traitor." realm, and to return without doing any thing.Hugh, this treason nor this tyranny would satisfie you, until by royal power gained over the king, you destroyed the franchises of Holy Church and the prelates, as the bishops of Here-him ford, Lincoln, and Norwich, taking their goods out of their churches: and whereas you knew God had done great things by my lord (the earl of Lancaster) you caused to be murdered, you placed armed guards, and shut the churchdoors, that none should enter to honour God and his Saints. Hugh, after these mischiefs, you advised the king to give unto the false traitor the earl of Winchester, Andrew Harkley, and self, lands properly belonging to the crown, in disherison thereof. Hugh, whereas the queen and her son passed beyond sea by the king's command to save the country of Guyen, in point to be lost by your traiterous counsel, you sent over a great sum of money to some of your wicked adherents, to destroy the queen and her son, (q'est droit heir del realm) who is right heir of the kingdom, and to hinder their coming over. Hugh, your father, Robert Baldock, and self, and other false traitors your herents, taking upon you royal power, made great and small by force to swear to, and assure you, to maintain you in your false quarrels or pretences (en vouz faux quereles) not having regard that such confederacies were false and traiterous, against legience and the state of the king and his crown. And forasmuch as you Hugh, and other traitors, knew that the queen and her son were arrived in the nation, by your evil counsel you caused the king to withdraw himself, and go from them, and carried him out of the kingdom, to the danger of his body, and dishonour to him and his people, feloniously taking with you the treasure of the realm, contrary to the Great Charter.-Hugh, you are found traitor, wherefore all the good people of the kingdom, great and small, rich and poor, by common assent, do award, That you are found as a thief, and therefore shall be hanged;

The annulment of the Exile and Disherison of the Despensers, 15 Edw. 2. was made void in parliament, 1 Edw. 3. And afterwards in the parliament summoned 21 Rd. 2, Thomas le Despenser petitioned the king in full parliament, reciting the petitions of Hugh the father, and Hugh the son, to the king in full parliament holden at York three weeks after Easter, in the 15th year of Edward 2.-In which parliament the Exile and Disherison of both were annulled for these Reasons: 1st, they were not appealed, or called to answer, nor due process made against them according to law. 2ud, Because the prelates who were peers of the ad-realm did not consent to the exile and disherison. 3rd, Because it was against Magna Charta, that any man should be exiled or tried, or otherways destroyed, without judgment of his peers. This admullation was afterwards made void, in 1 Edw. 3. He prayed that statute might be made void, and all the articles and things contained in it, for the reasons abovesaid.—And hereupon the king caused the prelates, dukes, barons and commons, summoned to his parliament, to be diligently examined, what they thought, whether the statute of Edward 3, was defeasable? Who upon good deliberation said it was, for the causes before expressed; also considering that the repeal made by king Edward 3 was at such time as his father Edward 2 was living, being very king, and in prison, that he could not resist the same.-And accordingly the same was made void.

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ferred against him to the grand jury of Herefordshire, which being found, the king immediately seized on all his temporal possessions.

5. Proceedings against ADAM DE ORLETON, Bishop of Hereford, for Treason, 16 Edw. II. A. D. 1323. [1 Cobb. Parl. Hist. 77. 2 Brady's Hist. 147. Claus. 1 Edw. III. p. 1. M. 13.] IN the parliament summoned to meet at London the beginning of Lent 1523, Adan de Orleton, or Torleton, bishop of Hereford, was arrested of high treason, and was examined before the king and lords, on divers Articles. It was laid to his charge, That he had entertained certain of the king's enemies, had appeared in the field with them, had furnished them with arms, and had given them his assistance, favour, and advice. The bishop being a shrewd and learned man, said little at first to this accusation, but being further urged, he answered, My lord the king, saving all due reverence to your majesty, I being an humble minister of God's church, and a consecrated bishop, though unworthy, ought not to answer such high matters without the licence and authority of my lord the archbishop of Canterbury, who next to the pope is my proper judge; as also with the consent of the rest of my fellow-bishops.' The archbishop of Canterbury with his suffragans, rising up, implored the king's mercy for him; and he was delivered to the custody of the archbishop till the king should resolve when to summon him again, to answer to what might be farther laid to his charge. Soon after the king summoned him again to answer in his court of justice, which the archbishops, &c. hearing of, they came in great form, with their crosses, and took him away from the bar, threatening to excommunicate all that withstood them. Upon which Edward caused a bill of indictment to be pre

The record by which he was restored to his temporalities in the 1st of Edward 3, reciting the record of his trial in the country, gives a more particular account of his crimes, and informs us, That by inquisition taken at Hereford before the justices of the King's-Bench, it was presented, That Adam bishop of Hereford was of the confederacy of Roger de Mortimer of Wigmore, who was then reputed an enemy and rebel to the king his father, and that he sent certain men at arms to his assistance; and then being accused for these things before the justices, and his father, he alleged, that without offending God, and holy church, and without leave of the pope, he could not, or ought to answer, nor ought the justices to proceed to take the inquisition; and though the bishop submitted not to the inquisition, yet the justices went on, and for that it was found by that inquisition that the bishop was of the confederacy of the said Roger, and sent to his assistance men at arms: it was adjudged by the justices, he should as convict remain in the custody of the archbishop of Canterbury, and that his lands and tenements, goods, and chattels, should be seized into the king's hands, and remained so seized, until the date of this record, by which they were restored. Witness the king at Westminster, the 16th of February, in the 1st of his reign.'

Edw. III.]

A.

In the first parliament of Edward 3, the Judgment against the earl of Lancaster was reversed, as appears by the following Record:

6. Proceedings against THOMAS Earl of LANCASTER, for Treason, 15 Edw. II. A. n. 1322, 1 Edw. III. a. D. 1327. [Parl. II. E. 3. p. 1. M. 17. Stat. 1. THOMAS earl of Lancaster, first cousin of king Edward 2, had been one of the chief opposers of that king's misgovernment, and his favourites Gaveston and the Despencers. He repeatedly took up arms against the king, and finally, in 1822, was taken at Boroughbridge, and being impeached of Treason, &c. before the king at Pontefract, was sentenced to be drawn, hanged and beheaded, but by the favour of the king was only beheaded.

By the same Judgment, and for the same crimes, suffered these barons, Warin Lisle,William Toket, Thomas Manduit, Henry de Bradborn, William Fitz-William, William Cheyny, Roger Clifford, John de Mowbray, Gocelin D'Enynvill, Henry Teyes, and Bartholomew de Badlesemer who was beheaded at Canterbury, only Roger de Damory, died of his natural death.

"The king, to all to whom, &c. Greeting. We have inspected the records and proceedings had in our last parliament called at Westminster, in these words: Henry of Lancaster, brother and heir of Thomas, formerly earl of Lancaster, came to this parliament, and exhibited before the lord the king himself, the nobles, and great men of the kingdom, and the council of the said lord the king there then being, a certain Petition in these words: To our lord the king and his council prayeth Henry of Lancaster, brother and heir of Thomas heretofore earl of Lancaster, That whereas the said Thomas was formerly, before the lord Edward heretofore king of England, father of our lord the king, that now is, and his council, at Pon

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