No More Learning

and what was theirs, under the Pope's protec The king took notice and Out-Crie tion, and appealed his presence, and ap Proclamation made Herald, called toge pointed him day answer these matters.
ther the Bishops and great men, whom
made great and grievous complaint, that
the Archbishop had reproach himself,
and the kingdom government, entered the mali, was most certainly believed, the Arch Court notable Traitor, and insolently, bishop would have been imprisoned, some
Christian prince had ever seen heard what worse have been done him for the the like behaviour. All were the king's king and the great men that were present, opinion, declaring him always vain and judged him perjured and traitor. And the
proud man, and that such ignominy not only Earls and Barons and much company went reflected upon the king and kingdom, but from the king the Archbishop, whom the upon themselves also, and said had worthily chiefest person, Robert earl Leicester, told happened him, who had made such man him, was come and answer what was ob the second person the kingdom; whom jected against him, had promised do
were subject and none his equal. There the day before, must hear his Sentence; fore they declared him manifest Traitor, rising said, “Sentence yeason Earl, hear and punished accordingly, who had not you, when the Church Canterbury was given
according Oath observed terrene honor me, asked what manner person that
toward his prince, from whom had received many and great advantages, but rather this fact, had impressed upon the king and
kingdom, perpetual imark Treason, sed
potius hoc facto, Regi Regno perpetuam
proditionis Maculam impressisset, (they are the those things from which am exempt. ” And Author's words) and therefore ought then added, “My son Earl, observe, how punished the king's perjured man, and Trai much the soul more worthy than the body, tor, and this was the voice them all, much the more am obey God than propterca eum tanquam Regis perjurum, terrene prince. But neither law nor reason,
proditorem animadvertendum, super hoc permits that children sons should condenun clainor onnium invalescebat. judge their fathers, and therefore decline
“The Bishops, leave from the king, con the sentence
sulted apart, for they were either incur his indignation, with the great men,
Criminal Cause, condemn their Archbishop,
which for the manifest violation holy Sanc
tions Canons, they dare not do. At length all, appeal, putting both the dignity and order
the matter was thus patch’d common the Church Canterbury, and my own, council contrivance the Bishops; That with things belonging unto them, under they would appeal the Archbishop perjury God's protection and his. Nevertheless you
“The king and chief men, (without the Bi shops) sitting Judgment, Rege cum principi
bus (pontificibus substractis) sedente pro Tribu
would make me, and was answeied free and
exempt from the King's Court. responsum
est, liberum quietum omni ncru Curiali me redderet. Free therefore and absolute as
am, will not, nor am bound answer to
the court Rome, and bound themselves my Brethren and fellow-Bishops, because you the king the word truth, That they obey man rather than God, call you the
would use their utmost endeavour depose Audience and Judgment the Pope; and him. Having thus obliged themselves the from the enemies the Catholic Church, by king, they went from him the Archbishop, authority the Apostolic See, retire from and Hilary bishop Chichester, the name, hence. —And made his Escape, hath been
the rest, told him, That had been their before related. ”
Archbishop, and then they were bound obey The severe and lasting evils the King, the him. But because had sworn fealty the Archbishop, and the English nation, which fol king, and did endcavour destroy his laws lowed these transactions, are circumstantially and customs, especially such belonged related lord Lyttleton's History the Reign
his terrene dignity and honor, therefore they Henry
the king, yourself, and others, judged under God alone, the
being
Pope. ” Unde
cium declino, sub Deo solo Domino Papaju dicandus. To whose presence do, before you
Regis tuum aliorum
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13] STATE TRIALS, 23 HENRY III. 1239. —Hubert de Burgh. [14
2. Articles of Accusation against HUBERT DE BURGH, with the Answers of Master Laurence, clerk, of St. Albans, on behalf of Hubert de Burgh, earl of Kent, against whom our Lord the King had advanced certain very heavy Charges. 23 Hen. III. A. D. 1239. [Matth. Paris's Hist. 516, and Additamenta, 151.
1 Brady, Appendix, No. 152. ]
WHEREAS, a day had been assigned to and management the same, without any
Hubert de Burgh, earl of Kent, on the eighth
day after the day of St. John the Baptist, in
the 23rd year of his majesty's reign, to answer
to our lord the king, what amends he should
make to him for not having delivered him the
money received for the marriage of Richard de administrator of the whole realm of Eng Clare, on the day by the said lord the king to land. ”—To this made Answer, That certain him given, according to the Agreement be persons were deput, answer concerning the
tween them made, or according to the judg profits the realm; wit, the treasurer
and chamberlains, wherefore, after the death Eustace Faucumberg, bishop Lon don, and treasurer, was required, that his The underwritten trespasses, together with Account should answered to, and was those aforesaid, were, on the behalf of our lord answered to. Afterwards, account the the king, laid before him that he might make whole profits the realm was required from Answer thereunto. To which the said earl the bishop Carlisle, being receiver-gene toade answer, That, as to these matters, no day ral, and accordingly sat down and gave the had been given to him. And farthermore he said Account. —Afterwards, Account was
added that, on any reasonable day to be fixed, required from Peter Rivallis; but from he would give satisfaction to his lord the king, the Justiciar an Account should never be re
or would abide by the judgment of his peers quired, because not the receiver the concerning the premises. And he prayed that profits the realm. Whereby appears, that
the lord the king would set forth before him, in who receives nothing, nothing held
ment of his peers. And that our lord the king had required of him, that he should pay to him the said amends; and he had not done the same.
authority from his father the lord John the king, and without the assent the lord Gwalls,
then legate, who, the common consent and provision the whole realin, after the death
the Marshall, was first counsellor and chief
writing, the several Articles to which he is re answerable. And quired to make Answer. John committed
[Here seems to be some onission. ] Runnengemede, As to this, the Earl answers, that he ap Stephen, archbishop
says, that the lord king him the office Justiciar
presence the lord Canterbury, earl
red on each of the days assigned to him by Warren, earl de Ferrars, and other great men of is lord the king, and in no respect sought the nation; and continued Justiciar through
delay; but always observed the day appointed out the whole time king John. But hap unto him by the will of our lord the king. pened, that the castle Dover, the time Whereby it appears to him, the days as the invasion king Louis, was esteemed be signed him for appearance, after his being untenable. Into this castle entered, when
Kenentone, should be taken his case few were found who were willing do, un one day. And still ready less would place his own person there; and, submit the judgment his peers, that nei during the continuance that war, was
leave that castle, execute the Justiciar. —But, king John dying
know, nor hath
about the said marriage, other than the
mere information the Countess, his wife, our lord the king. And after the return who informed him, that the said marriage was peace, the said Marshall remained governor contracted St. Edmund's, while the earl was the king and kingdom, and the said Hubert
Mertone. And this shall not be sufficient Justiciar, without any opposition. And after
ther he, nor any one his behalf, ever inter unable fered concerning the said marriage, after the office
oath which made would not interfere
Gloster, that
war, Marshall was appointed governor
will make further answer; and ready herein whatever his peers shall think fit.
The first Article “That his lord the king requires him, An account the
Canter the land, continued Justiciar without any opposition;
the same; nor doth ever known, any thing
time
the king, and the kingdom, the advice Gwalla, then legate, and the great men the kingdom, who, that time, were with
the death Marshall, the advice then legate, Stephen, archbishop
bury, the bishops and great men
revenue the kingdom, for the years next and our lord the Pope always wrote him following the death king John, father, Justiciar, and was always esteemed the
from which time took upon him the keeping church, and the kingdom, Justiciar con
Gwalla,
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15]
STATE TRIALS, 23 HENRY III. 1239. —Articles of Accusation [16
stituted by John the lord the king. And so it council, and made peace, without the soldiers, plainly appears, that he did not take the office upon condition that the soldiers should be
of Justiciar but by the commission of his lord liberty retire with safety their persons
king John, and the assent of lord Gwalla; and
if this be not sufficient, he will make farther
Answer; and upon this he is ready to do what
his peers shall adjudge; and moreover, if he rose against our lord the king while Rochelle
ought to make Answer, he has the charter of was besieged; which Falco also, his brother our lord the king, absolving him from the pre William, caused Henry Braybroc, Justiciar
mises, which he proffers, and which was made in the 15th year of the reign of king Henry.
2. “Concerning the collection of a whole
Fifteenth, which, according to the great coun
cil of the whole kingdom, ought to have been
eyre our lord the king, seized; on
account whose seizure and other unjust doings the said Falco, became necessary that the king and nobles should besiege the castle Bedford (according Brady, Bere
kept and held in deposit, and so that no part of ford) the advice the archbishops, bishops, it should have been taken until the arrival at and nobles the land, which bishops also
age of our lord the king, unless under the in there excommunicated Falco, whereby the spection of bishops and earls specially guilt the said Falco manifestly appears; appointed for the purpose; nor but for the otherwise they would not have excommuni defence the kingdom; the amount which cated him. And Falco had escaped with im was about 89,000 marks silver. ”—Answer. punity, and the castle had not been taken, The lords bishops Salisbury and Bath re the kingdom would have been more disturbed ceived the said money direction the great than was and &c. and upon, &c.
council the kingdom, and gave their ac “That while our lord the king was under count concerning the same, and were dis age, and was necessary succour Poitou,
charged therefrom by the letters our lord the and the king's army should have gone Poi king. which doth not appear that tou, the earl caused the castle Bedford ought answer this matter, since besieged, where our lord the king and his other persons have been acquitted for the great men England expended very large same, appears the rolls the exchequer quantity money before was taken. And
and with their harness. Moreover, Rochelle was lost through the excesses Falco, (Falca sius Breaut,) which Falco and his people
when was taken, caused pulled
down and given William Beauchamp,
from whom our lord king John had taken that
castle war, and whereof the said king John was seised when he died. ”—Answer. The said
castle was not besieged him only, but by the direction the great council the kingdom, and reason the misconduct Falco and
and St. John, who, when ought, for the sent his letters often and again the said Falco rescue those territories, have sent trea for the release his Justiciar, and his brother sure and corn, sent barrels filled with stones would not any thing obedience these and sand, that when the barons and great letters. The king also sent his letters men our lord the king, and the burgesses, William de Breaute, who answered, that he perceived that default, they abandoned the would not restore the said Henry without his homage and service our lord the king, and brother, and that his brother would well avow turned themselves the enemies of our lord
and the letters patent which are the treasury
our lord the king, and therefore,
the said money, and this, &c. and upon, &c. and moreover,
has the charter our lord the king, which
has received part
not bound answer concerning the same;
&c.
“Concerning the territory
which king John died seised, and
lord the king, that now had seisin, when the Braybroc, the Justiciar
said earl took upon him the custody the seized William
realm; wit, the territory Rochelle, Niort, ther. By reason whereof our lord the king
the king, means whereof our lord the king lost Poitou. ”—Answer. He never sent such
what did. Wherefore the lord the king, having holden council with his great men, proceeded far Bedford, and sent Peter Fitz-Herbert,
are spoken and this will main-, any manner that his peers shall adjudge; the advice the great men England
and Alan Basset, those who were the castle, desiring that they would deliver Henry Bray broc, his Justiciar, whom they kept imprisoned, and that they would coine make amends for the offence the caption the said Justiciar
the lord the king; and they answered, that they would nothing for the lord the king, and that they would detain the said Henry, and would seize more they could; wherefore,
barrels
tain
but
there were sent the defence Rochelle up wards one hundred knights, and very many attendants, who were there with our lord the king, until the citizens and people that land revolted from the homage our lord the king,
that Rochelle was not lost his negligence, the negligence the soldiers there being,
Poitou,
which our his adherents, because
caused Henry de our lord the king, Breaute, his bro
the advice the great men England, the because, against their will, the citizens delivered castle was besieged, taken, and destroved. up the territory the king the French. And, being destroyed, the site the castle
And this manifestly appears, because, though was given William Beauchamp by the the knights our lord the king were the advice the great men England for this town, the citizens removed them from their reason, that the treaty peace, made be
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tween the lord the king and the lord Louis and de Bruwera, we give command our letters, barons, it was agreed, that each should hold that henceforward they commit him the full the same possessions which he had at the and quiet government his kingdom;” and beginning of the war; and the lord Gwalla the the earl Chester he wrote this manner: legate, the archbishop and bishops, excommu “By this apostolic writing we order and com nicated who should violate that treaty mand, that now you commit him the go peace; and because the said William had al vernment his kingdom, and, without any ways claimed from the said Falco the said difficulty, resign him, and procure re castle his right, but could not obtain the signed others, the lands and castles which same, until was taken the lord the king; you hold the name guardianship. ”
the same lord the king, account the treaty the same words wrote the bishop peace which had been inade, and through Winchester: but the chancellor he wrote
17] STATE TRIALS, 23 HENRY III. 1239. —Hubert de Burgh.
fear the sentence which had been pro thus: “By this apostolic writing we command,
nounced, restored him the scite the castle be held the same manner as his ancestors
had held appears the Rolls the lord
the king; and the said William gave his
Property the lord the king, that might follow and obey him; and for the future cause
have such seisin; and this, &c. and upon this, &c.
letters according Essex,
sealed with the royal seal, but his will. ” As the land Henry says, that the lord the king his was full age, and after the the direction the lord the
“That had sent messengers
and before the lord the king was
had obtained that should full age,
this had been for the advantage the lord the king, and authority this his age, had caused granted, by charter himself, lands which had been Henry Essex, and many other lands, diguities, and franchises, which, his own authority, took possession after the death king John, and which the said king John diod seised, also caused
Rome, full age,
race, when
chancellor,
Pope, obeyed him, only gave him, charter, that land, and also restored him the land his
Northumberland;
the king was such age able de
king came age, was obliged give the king Scotland who now 800 oxgangs land for the release the lands aforesaid, be cause the first agreement had not been ob served, and thus, notwithstanding had be fore married the countess Gloster, who had
and greater authority the kingdom. After formerly been betrothed the lord king John wards, licence his age was obtained the while was earl, and whom king John had suggestion the archbishops, bishops, earls, committed his custody, and whose marriage and barons, from pope Honorius, for they sug
gested the pope, that his prudence and dis cretion supplied his age, contained the permission pope Honorius, which begins thus: “Although, this time, the youth
our most dear son Christ, Henry, the illustri ous king England, computed his years, et, because, we have heard and rejoice at, has acquired manly mind, and because
i
besides, gave
and his crown. "—Answer. He did not and send messengers Rome, but the bishop
and
Winchester sent Rome William de St. Al
him 15,000 marks silver; he, before the lord
bans for the said business, more the damage
the said Hubert than his advantage, that not, married her; that, when the lord the
and others might render their charges, and was doue Northampton. After
wards, the common advice the archbishops and bishops, was provided, that the king
should have seal, and that writs should run his name, that might more awe
his prudence exceeds his age, that seems had accused him, among other things, de
bauching the daughter the king Scots,
(whom king John had delivered into his cus
tody with the design marrying her,) and concerning his kingdom, and the affairs his traiterously cohabiting with her and having kingdom; and, therefore, we command this children her fornication, and marry
apostolic writing, with our venerable bro ing her the hope succeeding the king ther, the bishop Winchester, and the noble dom Scotland he should survive her bro
persons, the Justiciar England and William ther. WOL.
make up the virtue discretion what wants number years; from this time
not forbidden make useful dispositions
for much you have the seal the said king, and the custody thereof, that from hence
forward you will use the same according his good pleasure, and with respect only
given and confirmed religious persons,
ecclesiastics and others, many lands and fran and for which marriage the same king William cthoises and other things, the lessening and released king John his right which had
: ng
detriment the dignity the lord the the lands Cumberland, Westmoreland,
right after came
&c. and upon this, &c.
his peace; and this,
“That whereas the lord William, king Scotland, formerly delivered the lord king
John his two daughters, the elder (a) whom was married the lord the king, to earl Richard, the lord the king should die;
termine whether he would take her wife or
had formerly sold
20,000 marks, whereby each
Mandeville for
nected certain degree
Answer. He never knew the agreement en tered into the two kings; wit, about the uarriage had with the lord the king,
(a) Matthew Paris says, that the time Hubert's former disgrace, 1232, the king
them was con consanguinity. ’-
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19] STATE TRIALS, 23 HENRY III. 1239. —Hubert de Burgh. [29
earl Richard; but that she ought to be dis and many others, and recovered against them,
posed 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 ano that danger should happen
ther if he would. About the consanguinity those keepers who were bound
between the countess of Gloster, and the daugh from harm were afterwards removed, and he ter 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 fore the guard which,
death of G. de Mandeville, since the lord king have protected him while
John had before sold the marriage of the said was removed from him,
countess to the said G. and if this, &c. and sled the church; and this he would on no upon this, &c. - account have done, the agreement had been
7. “Whereas the lord the pope commanded kept with him his safe custody. As what that, on account of the said relationship, a said the outlawry, says, that did not
reason whereof the lord the king exchanged with some them, parts his own demesne
his great damage; wherefore appears
the lord the king, that not obliged ob serve his agreement with the said earl, who,
respect, has observed the same his part. ” —Answer. He made such agreement; and
says, that, when was four earls England, who had
the custody
command his person,
defend him
knows not whom, that was reasonably fear for himself, and particularly since the
bishop Winchester was the counsellor the lord the king, who had threatened him, England knows, and the castle Devizes was
the custody Peter
Rivall. As there agreement, should was custody,
was no wonder he
divorce should be made between him and the countess, his wife, whom he now hath; he
causcd the corn the ear, belonging the Romans, threshed out those who were called Lewytheil. consequence whereof,
make such agreement, and that such an agreement ought not held any force,
general sentence excommunication was
passed against those offenders, and those
who favoured them; and this did while he
was Justiciar and bound keep the peace, judgment his peers. Afterwards, when
and that disturbed
these means the peace continues this time. ”—Answer. He knows
returned the peace the lord the king, all the premises were pardoned him, and the out lawry was adjudged and proclaimed null
all the earls England the letters the lord the king, and that judgment was made
nothing
by him, which plainly appears, because the
lord the pope caused inquisition made
into this matter the bishop Winchester Gloster, the mouth the lord W. Rad and the abbot St. Edmund's. And the inqui leghe, before the archbishops, the bishops, sition made was transmitted the pope, earls, and barons. To what said his re which inquisition plainly appeared that fusing accept writ for reversal the out was not fault, because, had been, the lawry, answers, that did this that pope would have punished him, which
not; and &c. and upon this, &c.
because the thing was not done
did might not seem that confessed himself have been outlawed justly malefactor. the And says, that impleaded one con prison the lord the king, and the agree trarily agreement, because had made no
“Whereas had placed himself
ment made between them, he was be taken outlaw, should ever escape from that prison without the licence the lord the king. He did escape from that prison; and
whereas, that agreement, and the suit
those from whose custody had escaped,
was become an outlaw and afterwards the
lord the king had received him into his favour,
he would not accept any writ the lord the
king for the remission that outlawry. And when he was afterwards received into the fa
vour the lord the king, with the condition, that the grants which the lord the king had before inade the lands, which, the afore said agreement, should stand good; never
theless afterwards, contrary that agreement, impleaded John Gray, Masty, Besly, Anke till, Malure, Robert Passelewe, Alan Urry,
agreement with the lerd the king, except about
the office Justiciar England, and about the castle Dover, which held, charter,
for his life; and this well appears, because he recovered against those whom impleaded by the will the lord the king, and his court, and the judgment his court; wherefore he not blame this. And &c. and upon this, &c.
“That spake base (b) and scandalous
(b) According M. Paris, was alledged against Hubert, that, order prevent the marriage the king with some great lady, probably the daughter the duke Austria,
had said, that the king squinted, and was foolish and worthless, had leprous appear ance, was deceitful and perjured, weak, ex
because good and true man can outlawed agreement, for outlawry punishment
evil-doer, and not well-doer, and fol lows from the misconduct of one who will not stand the right; but he was not such, for he always desired and offered stand the
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21] STATE TRIALS, 35 Edward I. 1307. -Piers Gareston. [22
words of the lord the king, in the presence of make further answer. Moreover appears the lord Ralph, son of Nicholas, Godfrey de him, that not liable answer, unless re Cramcumhe, the brother of G. and others; stitution made him, his goods and the lord the king still has many things to whereof has been disseised, since man be proposed and alledged against him, which, held liable answer secular eccle for the perusal, he reserves in his mind to pro siastical court, while disseised his property.
pose when it shall please him and occasion day was given the same Hubert, before shall serve. ” This he positively denies, as our lord the king, for hearing his Sentence on against his lord, and against others, who the morrow the beheading St. John. —
M. Paris says, that Hubert sufficiently proved his innocence, all who heard him, spite
the exertions, the part the king, pardoned him, and remitted law; where establish his guilt; but yet that, appease
fore does not appear that liable questioned law, concerning the premises;
Wales, Skenefrith, and Hatfield. —For more tremely effeminate, violent towards those about particulars the history this IIubert
about him, prorsus inutilis ampleribus alicu Burgh, Brady's History may consulted. See jus ingennae mulicris. also Cobbett's Parl. Hist. 12, 13.
Proceedings against PIERs GAveston, Ed. Ed.
1807. [Cl. Ed. M. 13. Dors. Rot. Parl. Ed. II. Brady's Hist. ]
IN the time the last parliament king Ed prebends and vacant benefices, which were ward the 1st, held Carlisle the last year his collation presentation, and dispose
his reign, notice being taken the great wardships and marriages which might happen
familiarity there was between the prince and his absence. The king's partiality Gave Piers de Gaveston, and what influence he had ston occasioned great discontent, and many upon, and power over the prince; but whether contests between the king and his barons.
upon the king's own observation, their press the fifth year his reign, was, among other ing him find not) nor for what parti ordinances against Gayeston, ordained par cular reasons, on the 26th February La liament and confirmed the king
nercost by the king's order and command (not For that the examination prelates,
shall say and this will maintain any manner that his peers shall adjudge, and
the premises the restoration peace were
and any the matters aforesaid, has
answered insufficiently, the earl ready ticularly fond; namely, Blanch, Grosmund,
the king's anger and rancour against the Earl, was adjudged, that the Earl should resign
the king four his castles which was par
his death-bed comunonly storied) banished England, and ready quit
was earls, barons, knights, and other good people the realm, was found that Piers de Gave ston had evilly counselled the king, and had
Dover, three weeks after the turnament
justs, which should days after Easter ifiticed him do
divers manners; that his treasure, and sent accroached himself royal power and dignity, making alliances the day and place aforesaid, made oath with people upon oath, live and die with him
next coming, and not return without the king's leave, and calling him back; and for
cheated the king beyond sca; that
the performance this order, monsieur Piers
upon the Body God, the consecrated host) the old cross, and the king's other re liques; and the prince Wales made oath like manner, That would not receive, re tain, permit the said Piers with him contrary this order, unless was recalled by, and had leave from his father return; and for his subsistence beyond sea, long
staid there, monsieur Piers had allowed him
against men; that put from the king good officers, and placed about him those
his covin and party, well strangers others; that estranged the king's heart from his liege people, despised their counsels; that caused the king grant lands, tene ments, and offices himself and his heirs, and divers other people, the great damage and injury the king and his crown; that caused blank charters be sealed with the
100 marks sterling
revenues Gascony.
the 1st returned
ceived with great favour king Edward the and murderers, causing the king pardon 2nd, who made him earl Cornwall, consti them; that king Edward, the father the tuted him his guardian and lieutenant the present king, ordered him forswear the realm kingdom, for the better conservation the England, and directed that his son the pre peace and quiet thereof, while should sent king should for ever forswear his com beyond the seas, during his pleasure. And pany; and for several other reasons, the
the year out the On the death Edward
great seal, deceit and disinheritance the England, and was re king and crown; that maintained robbers
gave him power grantLicences choosing nourishing concord between the king and pastors cathedral and conventual churches, his people, and the eschewing many perils take their fealties when elected and con and discords, was ordained the said Piers
firmed, and restore the temporalities, give should for ever exiled out England, Scot
to
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23] STATE TRIALS, 13 Edward 1320. —Proceedings against [24
and, Wales, and Ireland, and all the king's day, then should treated enemy dominions either this side beyond the the king, kingdom, and people. "
sea, between that time and the feast All He accordingly quitted the kingdom, but was Saints next following (having Dover assigned soon afterwards recalled the king, and fall him for his port pass from, and other) ing into the hands the earl Warwick, was
and should found England, any other part the king's dominions beyond that
him put death.
Proceedings against Hugh and Hugh DESPEN CER, Edw. II. A. D. 1320. [Brady's History, 128. ]
SHORTLY after the fall Gaveston, the two had Hugh the father and son their possession, Despensers, father and son, acquired very they were banished: And was with one great ascendancy over king Edward The Assent them all there, whoever they were, manner which they exercised the power with That the quarrels complaints before named, which invested them, exasperated the should be maintained the honour of God nobles, that they took arms obtain justice and holy Church, the profit the king,
against the Despensers; and after many violent proceedings they entered into the following Con federacy Sherborne, Dorsetshire, 1320.
“The Con FEDERAcy of the earls and barons against Hugh and Hugh Despenser.
the queen, and their children, and the safety
the crown and people. And the earl Lancaster and other great men which began this quarrel will maintain him, the earl Enegos, and all named after with them will main tain with their power. And whenever
“This Indenture Witnesseth, That on the the earl Lancaster and other great men shall
Sunday next after the feast the 14th year the king,
John Baptist,
leave the quarrel, the earl Enegos, and all those named after him, may leave without being accused questioned for And
Sherborn archbishop
Elemede, the presence the
York, the bishops Durham and Carlisle, the maintain these things, the earl Ænegos and
earls Lancaster and Enegos, was consi dered, That Hugh Despenser, the father and
the son, had counselled and moved the king, the dishonour and damage him and his kingdom; and having heard and understood
others after him, put their seals.
” This was the part the Indenture agreed and sealed
the earl Ænegos.
From whence they march St. Albans,
plundering victuals every where their march, and oppressing the poor. Per viam diripientes ubique victualia pauperes terrae gravantes
the reasons the earl Hereford, Roger
Mortimer the nephew and uncle, Hugh
Audely the father and son, Roger Dammory, from whence they sent the bishops London,
John Mowbray, Maurice Berkeley, Roger
de Clifford, Henry Teys, John Giffard, Tho
mas Mauduit, Gilbert Talbot, and other great
men, and others the Marches (i. e. Wales. ) two traitors from his court, but also out the And notice Information having been given kingdom. The king's answer was, That Hugh
the earls Lancaster and Ænegos, Mon the father was beyond sea his service, and sieur Robert Holland, Fonk Estrange, Hugh the son was sea for the guarding the Stephen Segrave, William Latimer, John Cinque Ports according his duty; and that IXevery, John Harrington, Adam Swim according right and custom, they ought not
nington, William Kyme, Marmaduke Tweng, Richard Walleys, Robert Pierpount, IRanulph Dacre, Edmund Deyncourt, Thomas Willeby, William Penington, Ralph Ne vill, Giles Trumpyton, John Beker, Adam
banished without answering for them selves. The king had summoned parliament
the 15th May, meet three weeks after Midsummer, the 15th July, Westmin ster. The barons, upon the receipt the king's.
Cliff, Thomas Longuevillers, Edmund
Nevill, Gaslelin Daniel: That the earl He
reford, Monsieur Roger Mortimer, and other holden his parliament, when they made the great men the Marches, and others above Award against the two Spencers, and conceal named, have begun quarrels and complaints from the king, who knew nothing
against monsieur Hugh the father and son; and until the hour they came with Westmin
that 'tis done nour and profit And seemed sould not taken
the king and his kingdom. them all, that the oppressions from the people, until they
not hinder the passing which was this effect
“To the honour God and Holy Church,
Salisbury, Ely, Hereford, and Chichester (then St. Albans, make peace) the king London; not only send Hugh and Hugh the
Hodeleston, Michael Haverington, Adam Answer, London with horse and arms,
Everingham, William Trussel, Robert Rigate, Robert Richer, John Clifford, Henry Bradbourn, Nicholas Langeford, John Brekeworth, Thomas Wycher, John
notwithstanding the king had commanded then
come the parliament
there they held council
came not Westminster
moned, but remained London with horse and arms fifteen days after the king had begun and
the honour God, the ho ster with force and arms, the king could
due manner; themselves, and they were sum
off
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25] STATE TRIALS, 13 Edward 1320. —the Despensers. [26
and our lord the king, for the profit him peril him, the crown and the kingdom. –5. and his realm, and maintain peace amongst Also attain their wickedness, covetous his people and the estate the crown, the pre ness, and disinheriting the great men, and de lates, earls, barons, and other peers the land struction the people, they put out good and
assent, and put
turns, several seasons the year, the caused indicted, false jurors their better advise him, without whom great alliance, the peers the land, the earl business ought pass. The said Hugh the Ilereford, M. Giffard Brimmesfield, and M. son, drawing him his father, who was not Robert Monshall, and other good people,
order parliament near the king, get their lands. -6. Also they falsly and mali one those counsellors, between them both ciously advised the king raise arms against have usurped royal power over the king and his people Glocestershire, contrary the
ministers, and the government the king Great Charter, and the award the peers
dom, the dishonour the king, the injury the land, and their false and evil counsel, the crown, and destruction the kingdom, would have made war the land for their own
great men, and people; and have done the proper quarrel, the destruction Holy
and commons the realm, shew against agreeable ministers placed
their party, who done sheriffs, es
Hugh Despenser, father and son, That
Whereas Hugh the son the parliament
York was named, and was there agreed
should chamberlain the king; which ces not understanding the law, Hugh the parliament was agreed, That certain prelates father, sir lèalph Basset, Ralph Camois, and and other great men should with the king sir John Inge, and others their friends; who
wickednesses under-written, contriving
turn the heart the king from the peers the land, that they may have the sole government
Church and the people. —7. Also whereas the earl Hereford, and the lord Wigmore
Mortimer) the king's command were assign make war upon Lhewelin Bren, who had
thereof—1. That sir Hugh the son made Bill
writing, whereby would have had sir John levied war against him Glamorganshire, when
Gifford Brimmesfield, Richard Greye, the earl Gloucester's lands, reason his and others, entered into Confederacy have death, were the king's hand; and Lhewelin forced the king what would have him; had rendered himself into the lords hands the and had almost done The tenour of the Bill king's grace and pleasure, and upon that condi
under-written. —2. Homage and the oath tion delivered him the king, who received him allegiance more reason the crown than accordingly; but when these lords were out
the person the king, and bound him more the country, these two, the father and son,
the crown than the person; and this appear usurping royal power, took Lhewelin and carried ed, for that before the crown descends, there him Cardiff, after that Hugh the younger
allegiance due the person expectant. was seized thereof (as his share the earl Wherefore case the king carries not himself Gloucester's estate, one whose daughters
others false and wicked
will not suffer right
cheators, constables castles, and make Justi
reason, right the crown, his lieges are and heirs had married) pretending juris
remove diction, where none was this case; and reason; there caused him drawn, hanged, be kept. headed, and quartered, feloniously for things Then was demanded, whether the king was done the time king Henry and also took upon them royal power and jurisdiction, which
was appendant the crown, disheritance the crown, and dishonour the king, the
bound by oath made the crown the king and the state the crown and otherwise the oath ought not
law, (par suit loy par aspertee;
rigour
dealt with suit
suit judge.
law could not be, for had
which case, the king's will not according said lords Hereford and Mortimer, and
reason, and that maintains nothing but example and great peril the like case error; therefore save their oath, and when time come. —8. Also they advised the the king will not redress what injurious king take into his bands the lands and goods. the people, they must proceed with rigour; for sir Hugh Audely the son, who was fore he bound oath govern his lieges, and judged without due process, contrary the his lieges are bound govern aid him, law the land, the covetousness the said.
and default him. –3. Also upon the Hugh get some those lands; and other application the great unen, and people unto. false compassments contrived have the lands him, his answer was according the pleasure Roger Dainmory, and for having him at
these two, turning the king from his tainted for entering into Gloucestershire, duty against his oath, and the hearts the disheritance the peers the land. —9. Also
i.
inen and people against their liege that whereas the king had granted his let ord. —4. Also their evil contrivance, they ters patents the earl Warwick full par will not suffer the great men the realm nor liament Westminster, That after his death. good counsellors speak with, come near his executors should have his lands until his
the king advise him, nor the king speak heir was age; which grant, after the earl's them, unless their presence and hearing, death, was confirmed the king Lincoln,
one them, and when they please; they the request and assent the peers the usurping royal power and sovereignty over the land parliament, the said Hugh the father. person the king, the great dishonour and procured son cause the king repeal.
to
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in
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27] STATE TRIALS, 13 Edward
this grant without cause, and give the said Hugh the father, for his own profit, the guard those lands; and also had defeated by evil counsel what the king had granted
his parliaments good advice, and assent the peers the land, the dishonour
the king, and against right and reason. —10.
Also, that they would not suffer the king
take reasonable fines the peers the land men the land made Confederacy by oath, and others, when they entered and received writing, and other manner, without the king's their fees, had been used before that time: leave; and then they and others, with horse but covetousness, get such lands 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 brought, surmising the and seized upon castles, towns, manors, lands, land was forfeit, John Mowbray for tenements, goods and chattels the king's the lands Gower, and others, the da liege subjects; and others them they took mage and dishonour the king, and contrary and imprisoned, others they ransomed, and
the law the land, disheritance the some they killed, and did many other things, great men and others. Also making the king destroying the said Hugh and Hugh, and do against his oath parliament. —11. Also their allies and others, England, Wales, and
wicked covetousness and power royal they the Marches, which some may called will not suffer the king hear right felonies; which things having been done by the great men, upon what they presented necessity, ought not taken notice of, or him, for himself and themselves touching the punished law, nor can without great
disheriting the crown and them touching the trouble hazard war. These great men pray lands which were the Templers. Also the king for peace sake, for the assuaging an usurped power royal they governed the king, ger and rancour, and making unity the land, his council, and prelates, that matters and that may more entirely have the hearts concerning them and their friends, which and good will his people defend his own they undertook, right could obtained but countries, and offend his enemies; that might
1320–Proceedings against [2s
After they had force obtained these things, and this manner, they bethought themselves
some security for what they had done, set ting forth, That they could not obtained by process law, for that the two Despensers usurping royal power, and having the king and
his ministers, and the direction the law their devotion, their power, the great
according their pleasure; dishonour the king, the peril
the damage and oath, and
accorded and assented full parliament, the king, prelates, earls, barons, and commons
(& comon royalm) that great men of
the people
his realm. –12. Also bishops, abbots, and priors the realm, Prelate, Earl, Baron, Knight, Clerk,
disheritance and destruction
elect, who ought received the king Esquire for the Confederacy made oath, when duly elected, cannot come near him, nor writing, other manner, for riding with
speak with him obtain his favour, until they the king's, other arms displayed, nor for the have agreed and made fine with Hugh the taking, possessing, detaining castles, son according his pleasure; nor any that towns, manors, lands, tenements, goods, or
had any grant ask the king could obtain before they had made fine with him. —Which
wickednesses are notorious and true,
found the examination the earls, barons, and other peers the land: Wherefore we peers the land, earls and barons, the pre sence our lord the king, award, That Hugh
lation St. John Baptist, 29th August giving damages the party. And also, That next coming; and found England after may granted the king the said par that day, they returned after that day, liament, that any earl, baron, any great then be done unto
Despenser the son, and Hugh Despenser
the father, shall disherited for ever, dis since Candlemas last past
heriters the crown, and enemies the king not impeached, grieved,
and his people, and banished the king suit the king any other.
dom England, never return again, “un things, this statute and accord should be less the assent the king, and the quit for ever, saving every one, except the assent the prelates, earls, and barons par said Hugh and Hugh, their right demand liament duly summoned;’ 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,
the enemies of the man, for themselves others, whom they the printed copy shall name the chancellor, between this and Despenser, pairi St. Michael next coming, will have the king's filii; the Banishment Hugh Despenser, pardon sute the peace, what pertains
king and kingdom. "—This called, Erilium Hugonis
father and son.
These Articles appear have been admitted
and taken for granted, without any direct proof,
the manner then was ment,
him, all manner felonies and trespasses done contrary the peace; disobedi ences, contempts, conspiracies, confederations,
chattels, the taking, imprisoning, and ransom ing the king's liege-people, for killing of men, other robberies, felonies, other things done against the king's peace, which may be judged trespasses felonies, from the begin ning the world that day; and other peo ple what condition soever they were, for the trespasses and felonies aforesaid committed
proceed parlia privy covenants, and obligations, made against the king, should have their charter pardon,
that day, should molested the But such
as 3 is
to
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of by
it,
by
to
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29] STATE TRIALS, 15 Edward 1520. -the Despencers. [30
without paying fees the Chancery; and that all such writings where-ever found null. This was granted, and hath this title print, Ne quis occasionetur pro feloniis seu transgres sionibus fact prosecutione Hugonis Des
penser, patris filii, That man may prosecuted for the felonies and transgressions committed the prosecution Hugh Des Penser father and son and there follows
enter upon his lands destroy them, and with the same power and force besiege his towns and castles, and took them force, and killed part his people, John Iwayn, Mat thew Gorges, and about other Welsh men and part they mained, Philip Joce; and part they took and imprisoned,
sir Ralph Gorges, who was then prison, M. Philip Joce, John Fresingfield, sir John de Dunstable, William Dunstable, and
charter pardon granted the earl Here
ford, according this accord; dated the 20th many others, which they frced upon ransom
of August next following, then the 15th year his reign.
December following, Hugh Despenser, the younger, applied himself the king the repeal his exile, who committed him prison, and sent his petition the archbishop
Canterbury, the other bishops and clergy being then provincial synod London, advise about, and give him their sense upon
who judged the award, the exile and disinheritance, erroneous, against right, and
obtained force, without their consent, peers the land, and therefore advised and prayed the king repeal, and make null for ever; which was done, and the king granted
him his protection and safe conduct, for his person and estate, his letters patents, dated
and they took, carried, and drove away his
goods and chattels found his towns and castles; that 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, the value, 2,000l. and burnt all his charters, remembrances,
and monuments they could find, his loss
2,000l. They also burnt part the gates
his castles, and houses, and took the
irons out the windows, and leads the
houses, &c. and carried them away, the
damage 2,000l. and then names ten castles Wales, and the Marches, which they took
and destroyed; and with the same force and power, they stayed his lands totally des
troy them about days, which time they forced the greatest part the country
Westminster, the 8th of December 15th his reign.
the
Us, shewing, That while was the office Chamberlain, and full parliament, the earl
our service appointed
March, the 15th
Derby issued his summons
On the 14th
reign, the king
for parliament
weeks after Easter next coming, into which same time they robbed and plundered him parliament upon the petitions Hugh De all the moveables and upon his manors, 60 spencer, the father and son, (notwithstanding large working mares with colts and foals
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 them, they were both revoked and made null. —“Whereas lately our parliament summoned Westminster meet three weeks after the nativity St. John Baptist last past, award was made against
Hugh Despenser the son, and Hugh Despenser the father, certain great men the realin, and then after the feast St. An drew next following, Hugh the son petitioned
two years, 160 heifers, 400 oxen, 500 cows, with their breed for two years, 10,000 sheep,
Hereford, M. Roger Mortimer the nephew, M. Roger
Mortimer the uncle, M. Roger Damory, M.
John Mowbray, M. Hugh d'Audele the father, M. Hugh d’Audele the son, M. Roger
Clifford, M. John Giffard Brimmesfield,
M. Maurice Berkeley, M. Henry Tyes,
M. John Maltravers, and many others, made
Confederacy oaths and writing pursue
and destroy him, and upon this agreement
the above-named, with their retinues, came
the Wednesday after the feast the inven hardships, they made the greatest part the
tion Holy Cross, the 14th year the king, Newport Wales, with force and
people against their wills, their party, and sworn them. And also with their force and power they came the parliament
arms, that wit, with 800 men arms,
with the banner the king's arms displayed, Westminster, and there upon false accusations, and with 500 Hobelors, and 10,000 foot, without calling the said Hugh answer, against
swear their party, and those that would not, they imprisoned, put ransom, and
his
holden York three burnt their houses and goods; and the
400 hogs, andoall other necessary things found upon them, carts, ploughs, vessels, these they took, drove, and carried away (without leaving any from his manors, lands,
Wales, which were 34 num ber, his damage 2,000l. They burnt his granges, and destroyed his crop upon the ground, his damage 2,000l. and the debts
which were owing him there, force and cruelty they made his debtors pay unto them,
the value near 3,000l. with fee-farm rents, and other customs, which amounted 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
his woods, unchaced his chaces, disparked his parks, pulled down his houses, robbed and
and towns
rifled much they could any where find, his damage 10,000l. and then seized upon
his friends, and his people, whereof some they put ransom, some they rifled, and some they imprisoned, the great grievance them, and then the same cruelties and
to
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31] STATE TRIALs, 13 Edward H. 1320–Proceedings against [32
}.
prays the king, as he is bound by right of his the king and prelates, said the award was crown, and by the oath he made at his coro wrongful, and against law and right, and nation, to maintain people their rights, prayed him, with the prelates, and they had That would please cause brought done before, null and make void the award; before him the process the award made and the earls affirmed, That for fear the gainst him, that may examined, and that force, which the great men suddenly brought
all manner of right and reason, and against the not would assent for many causes and law of the land, erroneously awarded him to be the earl Kent the king's brother, the earls
disherited and exiled
the said Hugh may received shew the errors and there shall any found, would please repeal and redress them, and
further according right and reason and the said Hugh afterward shall ready stand right, and answer every complaint
before
wherefore he Richmond, Pembroke, Arundel, and
and accusation according reason. And he
sheweth the errors the said process, for that father, setting forth, That the same great men
delivered the king, behalf Hugh the the great men who pursued and destroyed him, before named, and their adherents and confe
prayed pardon the king for
which might judged felonies
that pursuit, which they made
authority, which wrongfully
themselves judges him, where they could not, cester, four Dorsetshire, five Hampshire,
make the award, which and unexpected, they and also advised the king suffer pass, for which offence and
inistake they prayed his pardon. ”
And then afterwards another petition was
the parliament
was them unknown gave their assent
those things, derates with force and arms, the day St.
trespasses Barnaby, their own his manor
the 14th year the king, came Fastern Wiltshire, and twelve
they made others
that shire, six the county Glou
ought not judges; also error, that
the said Hugh was not called into court,
answer where the award was made also error,
in that the award was made without the assent
ofthe prelates who were peers parliament; colnshire, five Cheshire, and five War Item, error, that there was no record wickshire; 63 manors there named, their pursuit, the causes contained the where they made the same havock, comunitted award; also error, that the award was made
nor other manner destroyed, unless
judgment his peers, the law the that the loss his goods, moveable and im
land; with request the king take notice, moveable, and upon his manors and lands,
that the great men were summoned come were greater namely, two crops corn, duely the parliament, but did not, when they one the barns granges, the other upon came with horse and arms, and all their force; the ground; 28000 sheep, 1000 oxen and hei
Whereupon the said Hugh came and rendered himself prisoner the king, praying would receive him into his protection prosecute his complaint, and that right might done him these matters; and the king received him
fers, 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 beef, 600
muttons the larder, and tons cyder; he ought do, (sicome faire devioms) and Armour for 200 men, and other warlike en caused his petition carried the arch gines and provisions, with the destruction his bishop Canterbury, the bishops, and other honses, his damage 30,000l. And the
the province Can provincial council
same time they entered the Abbey Langley Wiltshire, broke his coffers, and carried
prelates, and the clergy
terbury, then being
London, charging them
him, advise about the petition, and let him and bond, cups gold and silver, and other sil know their thoughts concerning it; and when ver vessels and jewels, his damage 10,000l. they had well advised concerning they answer And the same time with force and arms en ed, That seemed them, that the process and tered the king's castle Marlborough (where award the exile, and disinheritance Hugh was the constable) and took his goods there the son, and father, were erroneous and wrong found, 36 sacks wool, pair rich vest fully made, wherefore they agreed and unani ments, library, golden chalice for the sa mously assented, peers the land, and
the faith they ought
away 1000l. silver, also his charters, evidence,
prayed peers spiritual, That the award
which was made wickedly and wrongfully
gainst God, and manner right, (contre many other things, and his whole wardrobe IDieu tote manere droit) might the entirely, his damage 5000l. Excepting king repealed and annulled for ever; and said these differences losses, the petition further, That they nor none them ever as the same with his son's verbatim, and the er sented the award: but that every one rors assigned the process and award, are them the time when the award was made, the very same his rendering himself prisoner
writing made protestation, That they could the king, and his reception into the king's
two Berkshire, six Oxfordshire, three Buckinghamshire, four Surrey, one Cam bridgeshire, two Huntingtonshire, five Leicestershire, one Yorkshire, one Lin
against the form the Great Charter, wherein contained, That man shall forejudged,
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 those his son; except
crament, one cross gold, another ivory and ebony, and other ornaments belonging the chapel; cloths gold, carpets, coverings, and
in is
or
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at & of to of to in to as it to of
do
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into bya of be
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;
33] STATE TRIALS, 13 Edward 1320. -the Despencers. [34
protection same, and expressed same caused come before the prelates, and wórds. And then follows the king (et some earls and barons, knights counties, and hous apres, nostre parlement summons Ever others which came for the commons of the
toyk treis semeins Pasch nostre reg realm (& avioms fait venir, devant nous pre quinzisme feisems devant nous proces del dit lates, aucunes countes barones, chivalers Ægard suite ditz Hugh leftz, Hugh des countes, autres que vindrent pur com
pere, restes paroles, l’honeur Dieu mune royalin) and caused published, seinte eglise, &c. ). And we afterwards, our That those that had petitions promote should
arliament York, three weeks after Easter, the 15th year our reign, caused come
deliver them. And after proclamation thus made, petition was delivered, complaint
made against the said Hugh and Hugh, until they came aforesaid and the contrivance
the said award they wholly concealed and kept from us, unto the very hour they came Westminster with force and arms, and inade their award against reason, thing treated
York, the said Hugh the son and Hugh the and agreed amongst themselves, their
father being brought before court, prose own authority, our absence, and encroached cuting their complaints, and praying upon the royal power, jurisdiction, and conu
them right; and the said Hugh the son for sance process and judgment those things,
before tion ther
the process the award, the peti
the said Hugh the son and Hugh the fa these words: To the honour God and
holy Church, &c. the whole award being cited
follows, quem parlement, &c. ). At which parliament
this record. After which recital
himself shewed and alledged the errors the which belong process abovesaid; and also Hugh the fa we could not ther alledged the same errors, and prayed seve nor right
rally and jointly, That the award was made belonged
our royal dignity; wherefore that time stop the said award,
the said Hugh and Hugh,
us. And further taking notice
erroneously and wrongfully against the laws that those great men, after the award inade,
and usages the realm, and against common prayed our pardon and release for confedera
right and reason, that we would annul and de ting themselves oath, writing, other
feat the said award, and that they might re manner without our leave, pursuing them,
mitted and reconciled our faith, and such and trooping with banners ours and their
cstate they had and were before the own arms displayed, and taking and possessing award: And hereupon hearing the reasons castles, towns, manors, lands, tenements,
the said Hugh and Hugh, we caused the pro goods, and chattels, and also taking and im cess examined full parliament, the prisoning people our allegiance and others, presence the prelates, earls, barons, knights and some they wounded, and some they killed; counties, and the people that were come, and many other things they did, order
reason the parliament (en presence des pre destroy the said Hugh and Hugh, England, lates, countes, barons, chivalers des countes, Wales, and other where, which some might people estoit venutz pur encheson dit called trespasses, and other felonies; also parlement) And we found the said award was appeared, those great men were enemies to, made without calling them answer, and and hated them the time the award and
without the assent
peers the realm
the great charter
which says freeman shall other way destroyed, but
command:
they
royal against the said ugh and Hugh, and for other reasonable,
the prelates, which are before, wherefore they ought not their parliament, and against judges, their own prosecution them, nor. the franchises England, have record (ne record aver) upon the causes.
banished, the said award. And we are bound the
our coronation, and obliged
pur ceo que causes contenues dit delay right and justice any one; and the agard furent pas duement approvets And pressing advice and request the prelates, further having regard that, that we caused given for the safety our soul, and avoid the parliament Westminster summon danger, and for take away example
due manner, and commanded our for the time come such undertakings and writs the said great men (who made the award) judgments, the like case, against reason. not make assemblies and alliances, come Wherefore we sceing and knowing the said
lawful judgment oath we made the land, and for right
our subjects, and redress amended wrongs done
his peers, the law
that they were not called
swer, and for these errors, and for that the them when we are required, according the causes the said award were not duly proved Great Charter, which we are not sell or.
. . ".
semblies London, without coming Westminster according summons; and then
process and award, made
said,
the manner afore
men, yet they force that parliament,
cane with notwithstanding
their our
with armed
well the (or hurt)
prejudice
us, the
court make an and cause
blemishment,
that manner, they held their eouncils and as dignity, against and our heirs,
we sent them come the parliament
came London
our crown
and
York, the advice and assent the pre Westminster they ought, yet they would not lates, earls, barons, knights counties, the
come, nor know their mind, nor the commons the realin, and others being our cause the award, though we had begun and parliament York (pur conseil l'assent. held the parliament days and more, and des prelatz, countes, barons, chevalers des coun
WQL.
causes, our royal power, full parliament
I. of letas
to
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35]
tez commun parlement
STATE TRIALS, 13 Edward 1320–Proceedings against [30
royalme, altres Everwyk Estauntz)
nostre been estranged wholly lord the king,
from the good pleasure our the false suggestions and evil the aforesaid Hugh and Robert,
null and defeat (de tut anentissoms
the said award the exile and disinheritance
the said Hugh and Hugh, and things
son, and Hugh the father, our faith and eace, and the estate they had and were efore the making the award points.
procurement
and their adherents, are come into the land raise the state Holy Church and the realm,
defesons)
the award quant que agard touche) and and defend the people from these mischiefs do fully remit and reconcile the said Hugh the and grievous oppressions, and maintain
abovesaid. Wherefore we command and pray And we award, that they have again (reient) you the common profit you and every
seisin their lands and tenements, goods and one you, aidant
chattels, &c. And we will and command, that places, and
times and the ways you know
where this award enrolled any places can, that the things abovesaid may speedily
our court, be cancelled and annulled for brought good effect and end. For know
ever. ' And so the roll was cancelled and certainly, that we, and those with
crossed, and remains this day, with this memorandum written under the Award. “These
things above written are nulled and cancelled
will not undertake any thing that shall not for the honour and profit Holy Church, and the whole kingdom, time you will see
and find, God please. Given Walling at York held three weeks after Easter the ford the 15th day October, the twentieth
force Award inade the parliament
15th year the reign tained roll sowed roll the month May. ”
our lord,
and hanging
con year the reign our most dear lord the this king. ”
From Wallingford she marched Oxford, After this, the Despensers soon regained their and short time Bristol, which she power, and queen Isabel having taken arms besieged, and soon took; and the next day against her husband, king Edward, assigned the after she came thither, Hugh Despenser the father, earl Winchester, was drawn and
. . . and our lord the
the honour and profit Holy Church,
king realm, and the whole
Despensers
her doing so, the following Proclamation
#. hearing trial, the 27th October.
misconduct these
the cause
without
“Isabel, the grace God, queen Eng
land, dame Ireland, countess Pontif,
Ponthieu and we Edward, eldest son the and, Knighton reports, was arraigned before
noble king England, duke Guyen, earl sir William
Chester, Pontis, and Monstroil, Monstrevil; there incutioned, which was way speech and we Edmond, son the noble king Eng made against him, here contracted
land, earl Kent, those whom these letters shall come, greeting Whereas no
toriously known, that the state Holy Church
and the Realm England, are many ways
blemished and abased, the evil counsel and abett Hugh Despeuser, who pride and desire lord and set himself over
“Hugh Despenser. the parliament Westminster, the 15th the king, your
father and you Hugh were awarded traitors and enemies the realm,and banished such, nover return without the assent the king full parliament duely summoned. Con trary which award, your father and you
others, hath taken upon him royal power Hugh were found the court without warrant:
against right, reason, and allegiance; and
like manner made use all the evil counsel
Robert Baldock and others his adherents,
Holy Church reviled, and shamefully put the value forty thousand pounds. Hugh, after
under great subjection, and the prelates this felony, you came the king and caused Holy Church spoiled their goods against God him with force against the peers the and right; joly Church defamed and dis realm, and other his liege people, destroy honoured many ways, and the crown Eng and disherit them, contrary the Great Char land destroyed divers manners, disherit ter: and also taking upon you royal power, you ance our lord the king, and his heirs, the Hugh and your assistants, with force and arms, great men the realm, the envy and wicked robbed feloniously the good people the cruelty the said Hugh many them, with realin; and Andrew Harleye, and other trai out fault and without cause, put shameful tors your adherents, murdered the good earl death; some disherited, others imprisoned, Hereford, M. William Sullee, and M. Roger banished, and exiled; widows and orphans Berfelde (at Borough-bridge) and caused wrongfully fore judged their right, and the taken my most honourable lord Thomas the good people the land, divers tallages and undue
exactions very often burthened, and divers oppressions grieved without mercy. which
earl Lancaster, and caused him judged false record, against law, reason, and the Great Charter, and also be murdered, mar
offences the said Hugh hath skewn himself
open tyrant and cnemy God and Holy
Ciurch, our most dear lord the king, and
the whole realm. And we, and many others earl Lancaster) barons and knights
with and our company, who have long drawn and hanged, false record against law
hanged upon the common
. . . ,
Hugh Despenser the son was soon after taken,
and you Hugh, you returned into the king dom, feloniously spoiled and robbed two do mands (merchant-ships called) goods
tyred, and put cruel death. Also
same march the French, “journey') Bo rough-bridge, you caused many my lord's (the
justiciary, the form
in
ofI ofofofbyinof an it to(3
du
by
it a is
all
of
to to
in
as
so
allof
of
in
to
of allto of so
of,by ofby: ofto,at cel&
to an
of so all
isto: atisin of or of
in in in
in
dit
(in to
toof in
of
all
of
ofby
to toin be the
to of be de of
of
of
:
of
to
to so
In
to as inof
to
by
a of
of
II. to
to be
to
of ofin toatbeall a
to
of
by
of
all
usof
at ofto
asofin a
by
of
a
us, of of
to of to ; aofof
of
in
of
le.
inisof of of
by it, to is of
of
by
& a all do
his
of in in to of to or of as in
as
Byby of itofofit all
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of
goof orinto
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by
a inasofofby
to be
to
as at
be us, or as to
to
as
on
le aifa
in
le
37] STATE TRIALs, 13 Eowamp II. 1320–the Depencers. [38
and reason, and caused other great men to be and are sound traitor, and therefore shall put in prison and murdered to get their estates, drawn and quartered and for that you have
as Roger Mortiumer the nephew and uncle, been outlawed the king, and common Hugh Audeley father and son, and the earl of assent, and returned the court without war
Hereford. Hugh, after this destruction of the rant, you shall beheaded (vous serrez decol nobility, you Hugh, your father, and Robert lez) and for that you abotted and procured
Baldock, usurping royal power over the king,
led him and his people into Scotland against enemies, where you Hugh your traiterous
discord between the king and queen, and others the realm, you shall embowelled, and your bowels burnt. Withdraw, traitor, tyrant,
conduct caused him lose 20,000 his peo and take your judgment, attainted wicked
Hugh, this treason nor this tyranny would sa trial common jury, his peers appears; tisfie you, until royal power gained over the and the attaint was only this speech made king, you destroyed the franchises Holy against him, and most what was objected
Church and the prelates, the bishops Here him had been pardoned act Parliament.
traitor. ”
realm, and return without doing any thing. — IIe was this time earl Gloucester; and
ple, his great dishonour, and damage the
-
ford, Lincoln, and Norwich, taking their goods out their churches: and whereas you knew God had done great things my lord (the earl
On the 24th Nov. was drawn and hanged upon gallows 50feet high, and then quartered,
and his head fixed upon London-bridge. Those
Lancaster) you caused murdered, you who brought him placed armed guards, and shut the church reward 2000l.
the queen had for their she had promised.
The annullment
the Despensers, parliament, Edw.
Rd. Thomas and self, lands properly belonging the crown, Despenser petitioned the king full parlia disherison thereof. Hugh, whereas the queen ment, reciting the petitions Hugh the father, and her son passed beyond sea the king's and Hugh the son, the king full parlia
doors, that none should enter honour God
and his Saints. Hugh, after these mischiefs,
the Exile and Disherison Edw. was made void And afterwards the
you advised the king give unto the false trai
the earl Winchester, Andrew Harkley, parliament summoned
command point
save the country Guyen, lost your traiterous counsel, you
ment holden York three weeks after Easter,
great sum money some
your wicked adherents, destroy the queen annulled for these Reasons: 1st, they were and her son, (q'est droit heir del realm) who not appealed, called answer, nor due pro right heir the kingdom, and hinder their cess made against them according law. 2nd, coining over. Hugh, your father, Robert Bal Because the prelates who were peers the dock, and self, and other false traitors your ad realm did not consent the exile and dishe herents, taking upon you royal power, made rison. 3rd, Because was against Magna great and small force swear and assure Charta, that any man should exiled tried, you, maintain you your false quarrels otherways destroyed, without judgment pretences (en vouz faur quereles) not having his peers. This admullation was afterwards made regard that such confederacies were false and void, Edw. He prayed that statute might traiterous, against legience and the state the made void, and the articles and things con king and his crown. And forasmuch you tained for the reasons abovesaid. —And Hugh, and other traitors, knew that the queen hereupon the king caused the prelates, dukes, and her son were arrived the nation, your barons and commons, summoned his parlia
sent over
evil counsel you caused the king
§.
ment, diligently examined, what they himself, and from them, and carried him out thought, whether the statute Edward was the kingdom, the danger his body, and defeasable Who upon good deliberation said dishonour him and his people, feloniously was, for the causes before expressed; also taking with you the treasure the realm, con considering that the repeal made king Ed trary the Great Charter. —Hugh, you are ward was such time as his father Ed found traitor, wherefore the good people ward was living, being very king, and pri
the kingdom, great and small, rich and poor, son, that could not resist the same. -And- common assent, award, That you are accordingly the same was made void,
found thief, and therefore shall hanged;
the 15th year Edward 2. -In which par liament the Exile and Disherison of both were
be
to
of
by
of
in tor
of
his
as to a
to
to
of abeto
of to to
of
is of in
of
by
to
of
it
no of be
go
to by by by
do in to to all in to toof to as
of
to be
by
23 in to in 1
a so go
he
at
2
be
it, all
byat
toto 21 of ;
by as
ofof
of
of
to,
to
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or
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3.
or at of
1 as of
be by as a
3. 15 of be 2.
he
to
to to
of
in in 2,
by or of be of
by
in3, orof
by
it
to
of to
in
of le to
39] STATE TRIALs, 15 Edward
Proceedings against ADAM for Treason, Edw.
Brady's Hist, 147. Claus.
IN the parliament summoned meet
London the beginning Lent 1523, Adam shire, which being found, the king immediately
Orleton, Torleton, bishop Hereford, seized his temporal possessions.
was arrested high treason, and was examined The record which was restored before the king and lords, divers Articles. temporalities the 1st Edward reciting
was laid his charge, “That had en the record his trial the country, gives tertained certain the king's enemies, had ap more particular account his crimes, and peared the field with them, had furnished forms us, That inquisition taken Here them with arms, and had given them his assist ford before the justices the King's-Bench, ance, favour, and advice. ’ The bishop being
shrewd and learned man, said little first
this accusation, but being further urged,
answered, “My lord the king, saving due and rebel the king his father, and that reverence your majesty, being humble sent certain men arms his assistance; minister God's church, and consecrated and then being accused for these things before bishop, though unworthy, ought not answer the justices, and his father, alleged, that such high matters without the licence and au without offending God, and holy church, and thority my lord the archbishop Canter without
bury, who next the pope my properjudge; ought
also with the consent the rest my ceed
fellow-bishops. ’ The archbishop Canterbury bishop submitted not the inquisition, yet the with his suffragans, rising up, implored the justices went on, and for that was found king's mercy for him; and was delivered that inquisition that the bishop was the con the custody the archbishop till the king federacy the said Roger, and sent his should resolve when summon him again,
answer what might farther laid his
charge. Soon after the king snmmoned him
again answer his court justice, which
the archbishops, &c. hearing of, they came
great form, with their crosses, and took him
away from the bar, threatening excommu
nicate that withstood them. Upon which
Edward caused bill indictment pre
the 1st his reign.