No More Learning

against Benevolences, deserves attention
my Note Mr. St. John’s Case, have
OF THE STATE TRIALS.
liii
The Case of Mr. Oliver John
Ship Money and the Case Impositions.
pointed out this connection; and have therein risqued some remarks the subject Benevolences the crown; with view shew, how far they have been condemned and are clearly unlawful. -In the Case the Bankers, some curious subjects are discussed; more especially the general power the Crown alienate Revenues before the restraining statute queen Anne whether some particular Revenues, account
their special nature, were not privileged and exempt from the Crown's general power
alienating; and whether the Barons the Exchequer could compel the Lord Treasurer issue money for payment the King's Debts, or, other words, whether
the Receipt the Exchequer under the controul the Barons. The most remark able the arguments this famous Case, or, least, those which have reached the present times, lord Somers. not only unfolds the constitution the Exche quer with great minuteness; but other respects most excellent, having scope and compass, which will ever render infinite value the profession the law.
anxious, indeed, was his lordship sustain his opinion by the most authentic mate rials, that the Records referred and stated his Argument are said have cost him several hundred pounds. My Note this Case, explains how arose, the progress
and how the Claims the Bankers and their Creditors were finally adjusted by act parliament, with some other particulars, which thought might conducive
thorough understanding the case, and the points decided by it. —In respect the remainder the Cases this Volume, most them relate very interesting sub
#.
venience belongs wholly the framer the Tables and Index this edition; that -
These Tables and Index were prepared Table the Trials quite new accession
another gentleman. The Chronological
the former Editions; though the utility
obviates the disadvantage from the disorderly arrangement
many
continuing the first
{.
the Trials
time. This disorder was necessary consequence
olumes the Work Supplemental volumes. The merit lessening this incon
writing account connection with the Case
jects; amongst which the chief are, the effect Matrimonial Sentences siastical courts, the extent the Privilege Parliament, the question
the Eccle
General War
rants, the question the Seizure Papers, the powers claimed
State and Privy Counsellors, the question the Slavery Negroes
the power pressing Mariners. However, some the early cases
do, confess, require apology; being certainly too loose and imperfect the state ment deserve the name Trials. My inducement insert them was, that wished
give the reader some proof, how very extensive was my enquiries and researches new matter, supply the omissions former collectors; and hope, that the
Notes which precede short these Accounts Trials, will received full testimony my industry that respect. —Thus much may suffice apprise the Reader what
expect from the contents the present Volume.
my Preface the first Volume this Edition STATE TRIALs, thought, that
had sufficiently explained myself guard against any responsibility beyond what
really belongs me. But from the manner placing my name the title the
Collection, which now think might have been less ambiguous, very erroneous
notion has prevailed, the extent my very limited share the undertaking.
therefore deem proper more explicit this head; and with that view, here
take the opportunity declaring, that the only parts the Work for which am
any respect accountable, exclusive the present preface, are the preface with my
name the first volume; and the selection the Trials and Cases for this Volume,
with such annotations have given the course particularly those before the
several Trials. As the Trials the ten preceding Volumes, they were printed
literally from the last the former Editions; nor did see much one sheet
those Volumes before was printed and published, except only the sheet containing
my Preface and the Title the first volume. am equally free from responsibility. for the Alphabetical and Chronological Tables the Trials this Collection, and
the General Index Matter; which are placed the end this Volume.
the Work; there being apparent,
such
great measure
Secretaries England, and
have introduced
to
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liv PREFACES TO FORMER EDITIONS.
both the proposal of such an improvement and the execution of it originated from him. All that I can pretend to say further concerning the Tables and Index that the latter has been executed much greater expence than would have been incurred, had not made particular request the proprietors the edition liberal their allowance for useful and laborious part the undertaking; and further, that have every reason believe, that the gentleman who compiled the General Index Matter, has been extremely diligent endeavouring render acceptable.
Brompton-Row, Kaiguilridge, Aug. 1781. FRANCIS HARGRAVE.
30,
a
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of to
it
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be
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State Trials.
lv
C O B B E T T'S
COMPLETE COLLECTION OF
-
Canterbury, Brady's Com
14th September
State Trials. 1. Proceedings against Thomas BEck Archbishop
for High Treason. plete History, 383.
THE most satisfactory
ceedings
Henry 1163. Tyrrell, 312. ]"
Brady's short account
narrative History
the previous
the day, but sent the king four knights, with his Letters, and
these Pro England.
Holy-rood Day, the The Archbishop came not
After
Becket,
pressive, mischievous, and intolerable insolence injury John, and the imperfection proof and usurpation, after was made Archbishop
relates several instances
life
his op
the Letter the Sheriff Kent, attesting the
Canterbury. He then proceeds thus:
(that because had sworn upon the Tro paz, and not upon the Gospels. )—The Monk Canterbury reports sent, duos legales
“The king, suspecting might escape un
punished, commanded the Bishops and great homines per quos excusatus est, Quod citatus
men meet fore the feast
Northampton, the day be
Calixtus the Pope (which was Fitz-Stephan (p. 21. col.
non venit Regis praesentiam non enim
contemptus fuit, sed infirmitate valida invitus retentus est. Two lawful men make his
Excuse that appeared not before the king, that was not out contempt, but reason
12th Oct.
says was the octaves St. Michael, that
the 6th October, and that was there with the Archbishop, Octavu Sancti Michaelis,
was unwillingly detained great sickness. “However was, the king was very angry, 'ipsa die veninus Northamtonam. — this that came not his own person, make
Jeria tertia, Concilii dicta die Rer aderat
Council the Archbishop was accused upon the the Allegations the knights brought, whom
occasion of Controversie between him and
treated with threats, such that against the kings citation, brought into his Court false and
John Marshall (or the Marshall). This John
demanded the Archbishop manor farm,
which was member of one of his towns called though they had given security. —At the re
Pageham: He came with the king's writ into the Archbishop's Court (to remove the suit, may supposed) where could gain nothing,
having right, saith mine Author) and the law then was, proved the defect the Archbishop's Court (that had not right done
whim, may supposed) and swore upon Tropaz, Book Old Songs (as Gervase Canterbury calls which drew from under
coat; and the Justices the Archbishop's
London, and would there the morrow, Book, whereas ought have sworn upon and then their cause should be discussed. Gospels. -John comes the king and pro Erat siquidem Johannes ille cum Thesauriis,
cures his Writ, which the Archbishop was carteris fiscalibus pecunia publici eris Re
required answer him the King's Court, ceptoribus Londoniis ad Scaccarium, &c. Ubi
and the day appointed for appearance was etiam placita Corona Regis tractantur; for WOL.
Court accused him for swearing upon that
the king's command for the cause John. The king replied that John was his service
frivolous excuses, and scarce them free
quest, John appointed another day,
wit, the first day the Council, and sent his Writ the Sheriff of Kent cite the Archbi
shop, for the king would not write him, be
cause he would not salute him.
any other solemn Summons Letter, according ancient
Custom. The Archbishop appeared, and said was come
Nor had he
the Council
I.
asbe onittoa
to or a of heis
hisin
he of a
he
& M,
atby
II.
|| the his (as is, the of
by he to to
it)of
of he he
he
to be
ofhe
in
of
he
or of
& toto
- on let
by
;
of of
be
ofat
in
of
ofa as it
or
In
inhe to
to
no
of a ofon
to
of
he
it is,of
A. ET, D.
of go
by to he
to
by
his
as
[1
it
he
he
3d
of ofof
29
; 1. )
he ofto
ad
of
he
at
of
he
of
of
-
king bad him on the morrow.
home, and return
his cause
STATE TRIALS, 9 HENRY 1163. -Proceedings against Thomas Becket
3]
this John was amongst the Officers the Re knowledging the Judgment,
the custom
was pro he was
ceipt pleas
the Chequer London, where also
the king's Crown were handled That first day there was nothing more
was.
“Afterwards, the same day,
secuted for 300l. had received,
holden.
done between
the king and archbishop, the
Castellan, Constable the Castles Eye Suffolk, and Berkaunstead Hertfordshire. The Archbishop first waved the Action, by saying was not cited for that matter. And
“On the second day, before
except the bishop Rochester and another
which were not then come, and all the earls ney, and much more, the reparations the
and barons England, and many Norman dy, Archiepiscopus lese Majestatis, Corona Regiae arguitur. The Archbishop was ac cused Treason, because said before,
was cited the king the Cause John,
Palace London, and those Castles, might seen. The king would not admit had done this, and exacts Judgment. The Arch bishop ready please the king, and not wil
Bishops ought pronounce sentence,
not
we are
he, you are his fellow
us,
lay-men, you
eccle
ceedings.
“On the fourth day,
persons came the Archbishop’s house, where
“To these things one the Bishops an
the Bishops,
further said, That had expended that mo
ling such sum money should the cause and neither came, nor made sufficient ex anger between then gave security three
cuse. The Archbishop's defence signified no lay-men, distinctiy and severally, the earl
thing; yet alledged the foresaid Injury John, the proper Jurisdiction the Cause,
Glocester, William Eynesford, and another, all his tenants.
and the Integrity his Court. “The king demanded Judgment;
son the Archbishop was approved
“On the third day, was prosecuted the Rea king's suit for 500 marks lent him the Army seem Tholose and for other 500 which bor
all, out
reverence royal majesty, rowed Jew upon the king's security; liege housage, that the Arch was also prosecuted for the profits the the king, and from the fidelity Archbishoprick and other Bishopricks and Ab
and the bond
bishop made
and observance
had sworn
Defence; because when cited the king neither came, nor his messengers alledged any corporal infirmity, necessary adminis tration any ecclesiastical office, that could not deferred. And they condemned him,
beys that were void during his Chancellorship: of all which he was commanded make an
account the king. The Archbishop said came not prepared Answer this matter, nor was cited concerning yet time and place would his lord the king accord ing right. The king exacts security upon that answered ought have the ad
terrene honor, which the king, that made small
the king's mercy for his moveable
goods. -There was Difference between the
Bishops and Barons, who should pronounce
Judgment, each them imposed upon from that day, neither Barons, nor Knights, other, excusing themselves. The Barons said, came his house hostel, visit him, hav
{. . .
siastical persons.
priests, and fellow bishops.
ing king's pro understood the mind these
treated with the Bishops severally and apart, swered, Yea rather your office than ours; and with the Abbots severally and apart. The
for this not an ecclesiastic Sentence, but bishop Winchester advised him offer secular, we not here Bishops, but Barons, Composition Money, and try the king that we are barons, and you are barons; we are way; 2,000 marks were offered but refused. peers equals here, (pures hic sumus). You Others encouraged him maintain bravely the cannot rely upon our Order, for you have Liberties the Church, but most persuaded
respect that us, you must also have re gard him, and then we are Bishops,
we cannot judge our Archbishop and lord. “The king hearing this controversie
about pronouncing Sentence was soon end
ed, and imposed upon the bishop Winches
ter, who unwillingly pronounced Archie many barons, demand him his Resolution - piscopus autem quia sententiar, vel Recorda after these Consultations and Advices, and tioni Curia Regis Anglic non licet contradi
eere, sustinuit, Consilio Episcoporum addacta
ad mitigandum honorandum regem solenni
from the vacant Churches manum ejus missione, quasi Concessionis Ju Chancellorship, and stand
the time his the Judgment The Archbishop
dicti; moris est. The Archbishop, because Court
and
that matter.
the Bishops, That
vice his Suffragans and Clerks about The king yielded and departed. And
compliance with the king.
“It said they consulted very closely on the fifth day, which was Sunday, but the result their Debates and Counsels not mentioned.
On the sixth day the Archbishop fell sick, and the king hearing sent his earls and
know him whether would give Security render an Account of what he received
Re answered hindred
no man might contradict Sentence,
cord made the king England's court,
advice the bishops, submitted
by forced compliance, for the honour and
mitigation the king, solemnly put himself inward chamber with the Bishops, who under his power, were granting and ac staid with him long time, and with the-m
come the
Court and what
sickness, would
was not the morrow
ought. He came next day, and found the king
the ecclesiastical
as it
in ofa byof of So to
a
of
or it, he to
he
a
bebe to or in
to of
in outoed
ofut itto is
of
of ofof
ofin insititto
by
totoofhe ofgo & is of
in of
of as or in
a
: of
it as
of
as a is
to : it. of it, or
: itné
of II.
by
it
a it hehe ofhe or
an his to of he “.
he of of be
in
to
; to
to ofhe he of
do
he it, to he of
de he
to he ; in of
if
byhe
of
all
of to of
of is of
bybyin of hetoa;a
or
heonif he
by
in be
ashe
toin
all
to he
to
it,
in to
in
as
to
in to
to
to
in of to a a it. he of
heas
of
he by of at
of
of
all
all
all
to
of he todo of on
[4
5] STATE TRIALS, 9 HENRY 1163. —for High Treason. [6
Roger archbishop York, who came last, that That depending the Appeal, they should not might not suspected one the judge him Secular Accusation, cause king's private counsellors, and advisers. The things done, before was Archbishop. And
Archbishop sat outward room with his that did then appeal, and put his person and
cross own hand, while his suffragans,
and the earls and barons, were called the
king. —The Bishops this Conference told the
king, that the Archbishop when advised urged the Bishops, the homage they had with them, told them, they had used him very done, and the fealty they had sworn him,
enemy, that together with the Barons, They would dic and not judged him justly, but after un late him Sentence concerning the Arch
heard manner, because for one absence bishop, simul cum Baronibus Archiepiscopo (pro una absentia, quam supersisam dicunt) subi dictent Sententiam. They began excuse which they call Delay Default, and was themselves reason his Prohibition; the
and with the Barons treated him
not
judged Contumacy, they ought not king was not satisfied, and said this his simple
pecuniary that he should forfeit all his moveable
the king, they should his The Bishops also told him that had
the Pope against this Sentence, and the authority the Pope forbidden
Prohibition ought not hold against what was done and sworn Clarendon. They reply, they should not obey his Prohibition, would
censure them, and that for the good the king and kingdom, they should obey the Prohibi tion. At length the king's persuasion they went the Archbishop. –And the Bishop
Chichester told him that lately Clarendon,
have condemned him such mulct
goods mercy. appealed
them for the future judge him lar accusation.
“The king was very much moved
lation, and sent the Earls and many Barons, know of him whether he was the author
this appeal, and prohibition, especially seeing
was Leige-man, and bound him common and special Oath Clarendon, “That would sincerely and legally observe his legal
cerning the Account his Chancellorship. To
which demands, this was his Answer, “That
was indeed bound the king leige homage,
fidelity, and oath, but the oath was chiefly sa appeal the Pope, and for this time give obe
cerdotal That respect God, was
due obedience and subjection, obliged ob
serve honor and fidelity toward him. Saving obedience God, ecclesiastical dignity, and the episcopal honor his person. That
declined the Suit, because he was not cited yield Account upon any other Cause,
dience your Prohibition.
“The Árchbishop answered him would
present the prosecution the Appeal, and that there was nothing done Clarendon
them him, (nisi salvo honore Ecclesiastico) which their Ecclesiastic honor was not
saved. 'Twas true, said, that they promised, good faith, without deceit, and lawfully, observe those Determinations, and those
than that John neither was he bound
make Answer, hear Judgment any other.
He confessed had received many Adminis words, the Dignities their Churches, which trations and Dignities from the king, which they received the Pontifical law, were safe.
had faithfully served him, well England, For whatsoever was against the true faith
beyond sea, and had spent his own revenue his service, and for the same contracted
the Church, and against the laws God, could not bond fide, legitime observari; good
many debts. As his putting pledges fidejussors render Account, ought not compelled that, because was not
faith, and lawfully observed. Also Chris tian king hath Dignity, the use whereof
adjudged it; nor had any citation
the liberty the Church, which
the cause Account, any other except that of John the Marshal. And as the Prohi
you call Royal Dignities, were scnt the Pope confirmed, and brought back, rather dis
bition that day made the Bishops, and Ap allowed than allowed him hath shewn
peal, did acknowledge, that said his
example, and taught that we should so, being ready with the Roman Church,
fellow bishops, That for one Absence, but not
Contumacy, they had unjustly condemned him,
contrary the custom and example anti that refuseth. Yet further, we failed any
the Church Canterbury under the protection
receive what that receives, and refuse what quity, wherefore appealed and forbad them, thing Clarendon, “for the flesh weak,’
God, and the lord the Pope.
The king having received this Answer,
any secu
this re they were the king called together, concern:
first, and afterwards his suffragans, his com dignities, amongst which this was one, That mand. And when the king pressed them
the Bishops should present his Trials swear what they promised, and set their Sentences, except Sentences Blood. seals for the confirmation they answered,
Episcopi, omnibus jus assint Judiciis, preter ought suffice for Sacerdotal Oath, That quam Judicio Sanguinis. They were also they said the Word Truth, good know him whether would give pledges faith, without deceit, and lawfully,’ they stand the Judgment the king's Court con would observe them. Why you now forbid
ing the observation his Royal Dignities, and lest they might doubt what they were, shew
them those very Royal Customs which spake, writing, and that they promised
their assent to, and observation them. He
present that Sentence, which
commands us? Upon this Grievance, and lest you may add anything our injury, will
hath sworu maintain, must perish. Further, those which
at
to to
be
to
Ut
to
ofto to do
to
hehe
by to toas be
of
in his
to or
an
his
of of
of of he
at of at
dous to an be
in by
be
us to
it
“ of
II.
by
beofhe aoftoofbyhe to
be
as
in to
or
to in
all he
to to
a of heed
ill,
to be
inashe
to he his Utor ; toof
he he his
to to he
ofan
he toto ; to be toor inanof
in
to
to
he
heor
to in
aa
inbe
by at
he to
ofto toinbyheinantoof
in
in
all to in
as
a
hehein he of at be anhe
in
or toinby by ofin of at in a a
no by at & at by
ifus:
toheheof atof ofat de
in
we to of
to he
to ofif of
by
of of do it,
isto hebyofofhetoor
ainby weintohe to
inor
all to be
7] STATE TRIALS, 9 HENRY 1163. -Proceedings against Thomas Becket [s
ought take courage, and the virtue
the Holy Spirit strive against the old Ene my, who endeavours, that which stands may fall, and that which hath fallen may not rise. ” we promised any injust things there,
domestic clerks. The rest that day was spent about raising some foot sent against
Rese king Wales, and there was certain number promiscd every ecclesiastic, and lay person, for the king's assistance, which was written down; and the Council was dissolv ed. —The king sent after him Dover and other ports, but lay still the day time amongst his friends several Monasteries, and travelled
the night, and was from days after the Feast of St. Michael until the 2nd of Novem
ber, before took ship Sandwich (say most
the Historians) and landed Graveling. ” “Quadrilogus the Quadripartite History
Truth, you know, such unlawful stipulations not oblige.
confirmed them the Word
“The Bishops return the king peace, being excused from judging the Archbishop; they apart from the Barons; nevertheless, the king exacts Judgment the Earls and Barons concerning him. Evocantur quidam Vicecomites, secunda dignitatis Barones, an tiqui dierum, addantur tis, assint Judicio. Certain Sheriffs are called, and ancient Barons
second Rank Dignity, added them, and Judgment, after little while, Proceres Archiepiscopum redeunt. The
doth not things agree with this relation Thomas the Archbishop's Trial. And the reasons the discord between the king and him. The chief whereof was, That several noblemen return the Archbishop, and the lewd irregular Clerks were accused divers
earl Leicester pressing some them pro crimes, and one Murther the diocese of
n|ou. nce Sentence, who refused began re Salisbury, who was taken and delivered the
ar
the business Clarendon very particu bishop thereof, the king's officers, and the kind
ly,
before. Quasi inde manifesta erat regia majes denies the fact; which, not being proved by
defunct,
the Bishop Chichester had done red the call for Justice. The
priest
tatis lasio, promissions verbo veritatis Jacta transgressio, had been guilty manifest Treason, had broken his promise
7:er veritat there made, and bad the Arch
bishop hear his Sentence. —But the Archbishop not willing forbear any longer, said, “What
that will Come judge me ought not. Judicium sententia lata post
was put upon Canonical pur failed. The Bishop the the Archbishop know the
sanction Canons, were Causa. Judgment Sentence given after the Province, and the Punishment
Contraversiam. Ego hodie nichil diri
punished his greater
the crime, the
Controversie Tryal. said nothing this day less according the quantity
as the Cause. have been cited for no degree and order the person, and the mau Cause except that John, who tried not ner and cause perpetration.
with me, nnel therefore you cannot judge me. “At the same time one Philip Lydrois
am your father, are noblemen the Canon (of what Church not said) re Court, lay power, secular persons, will not proached the king's Justiciarie, for which he hear your Judgment. ’ The noblemen retired, was not only exasperated against him, but the and the Archbishop went his way the Mo whole clergy. The Archbishop punished this nastery St. Andrews Northampton, and Clerk, causing him whipped with rods, Herbert and William Fitz-Stephan with him. and was suspended from his bencfice for
“The king hearing his departure, caused some years. But this satisfied not the king, proclamation made the streets, That who was zealous for the peace his people, no inan should give him, any his retinue the Archbishop was for the liberty the
language, molest them any ways. After clergy, who grew every day more dissolute all supper that night, sent three Bishops ask the kingdom over. For which cause, the king licence and safe conduct from the king for calls the Archbishop, Bishops and Clergy
his departure, who told them they should have London. —And having told them the cause
his Answer the morning; but fearing some from that delay, dare not stay. —This was the seventh day his appearing Court, and
their being called together, and urgently press ed, that Clerks taken for, accused enor mous crimes, might left his officers, and
that night, went away without Licence, only
accompanied with two servants, without either
clerk knight. On the morrow, when his had skill both laws, That such Clerks might
flight was known the king and the coun presently degraded and delivered the
cil, they considered what was needful done, and the Archbishop was permitted
enjoy the revenues the Church Can
terbury, because both sides had appealed. The king sent presently beyond sea the pope, the archbishop York, and four bishops, Gilbert London, Hilary Chichester, Bar tholomew Exeter, Roger Worcester, and two earls, and two Barons with three his
Court, whence some very learned men rea son the king's favour did affirm, That they were not be sent into exile, thrust into m|ona. sterie, the Canon Law, but rather were delivered the Court, that they were punished Secular Judgment.
“The Archbishop with the Bishops his having consulted their learned men,
his Accusers,
gation, which
diocese, sent
law that case, who commanded he should
deprived his benefice, and his life perform strict penance Monastery. And thus debauched, infamous Clerks, De cree the Archbishop, confirmed the
not have the protection the Church. He most earnestly required, advice such
eing
Liberty
much concerned for the the
of
he in
yeto is &
to & sit ut
of all or
of of
orto or
as of
sit
If to to
of ofof
oras ofyeI ifof
‘
of of is,
of of inbyby of to a as ofto a or
to of
to
of it
II. of
to to of bebeto bein
he
as by
ofall
in
of
byto
be
by
of to
or
to be to
isofto in at15 toof
to be
in
in ofibi
to
of of in
byto
to
of be he
ofIis
do
ad
of to inor
in he
ill
ill
is
ye of
or
as
be
I
to it bo a
of in he to orin est in
all
to I
in he
ye to
it;of
to & of be
he by doof
of
ofto utto
to in
byofor beittoa at
of
in
ofin
all he
of to he
of he of or it
inhe
in so by
of
of de be to
of allofa
be
to a
in
9] STATE TRIALS, 9 HENRY
Clergy, answered these things, clearly and probably, perhaps proof (luculenter satis probabiliter respondet) according the Ca
nonical Institution of antient Fathers. And
the end his Speech with much devotion, be
seeched his royal clemency, “That would
not under new king Christ, and under new before, that the Archbishop Canterbury law Christ, introduce into new and pecu should tried the king's Court for any liar Lot the Lord, contrary the Decrees cause whatsoever, both respect the dig
the Antient Fathers, new way coercion nity his church and person, and that be
into his own kingdom, and this begged for the king's sake, and the quiet and stability
kingdom, often humbly inculcating, that
neither could would bear it. —But the king,
not moved with his importunity, demanded
more earnestly whether and the Bishops judicio, rel proceribus judicantibus, con would observe his royal laws and customs, fratribus suis coepiscopis querebatur, novan adding that his grandfather's time they were formam ordinem judiciorum dictos invenisse observed the archbishops, bishops, chief Archiprasul suis suffraganeis, aut patcra men, and privileged persons, and that now filiis judicetur.
they ought not set aside. The Arch “The king the second day this Coun bishop, after Consultation with his brethren, required 500l. the Archbishop, which answered they would observe them, salvo or said had borrowed him: the Archbishop
great men Clarendon, where exacted the
promises the Archbishop and Bishops, and bishopric submit himself the king's pleasure,
could appease his wrath and indigna tion. Adding, That unless did would accused Perjury, and judged Tray
tor, because had not observed his Oath of Fealty Fidelity had sworn the king,
-In this Council the king requires the Arch bishop and Bishops confirm their acknow ledgment laws, putting thereunto
their seals: the Archbishop repents him his promise, and refuseth and resolved
the persuasion the bishop Man and Norwich, and two the greatest earls the nation, and other great persons sent from the king, promised, bona fide, and verbo veri talis, good faith, and the word truth,
observe the king's laws, leaving out the
words, salvo ordine suo, and the Bishops honor; nor had observed the king's customs did the like, and then those Royal Customs laws, which had specially bound him were drawn form, and caused writ self new oath. He was not much dismayed, ten the great men, and recognized them.
privately unto the Pope, which at
tempted, and having been twice sea, was and under peril their Order, That they for both times driven back. -This attempt much the future should not present Court when heightened the king's displeasure against him, his person was judged. And that they might and caused him peremptorily cited,
certain day answer such things should objected against him. The king also
not appealed their Mother the Roman Church, the refuge oppressed. But notwithstanding what said, the bi shops hastencil the court except two, London,
strict Edict called together the Bishops and
great men the kingdom meet North and Winchester, who privately staid behind ampton, where the Archbishop appeared not and comforted him.
1163–for High Treason. [10
he scnt his Answer and Excuse; for which
cause, the Judgment those Bishops
and great men, all his movables were confis
cated. " This said was new form Judg inent, according the new Canons, Laws
made Clarendon, for was never heard
dine suo; and the bishops being asked one one, gave the same answer, only Hilary bishop
Chichester changed the phrase, saying,
would observe the king's customs laws (bona fide) good faith; the king was angry the
Answer, and reservation the Archbishop and other Bishops, and departed from them. —Most
the Bishops desert the Archbishop, and long time persists his denial, notwith
affirmed the king gave him the money, which notwithstanding, when could not prove
was adjudged against him, and the king exact
caution, and the Archbishop making some
delay, was told him, must either pay the money prison. But some men seeing his friends and suffragans forsake him, vo luntarily offered themselves sureties for him, and five (not there named) became bound, every one hundred pounds.
“On the last day the Council before entered into the Court, the Bishops came him astonished, and affrighted the things they had heard, whence they did not openly for any enorinity, but were way insinuation artificially persuade him, That should all things, even what belonged the Arch
the exhortations them, and per the secular great men; yet
came the king Oxford, and change those words (salvo ordine suo) saving his Order, which gave him much
trouble.
“Hereupon the king called the Bishops and
standing suasions
length promised
cause was spiritual father the king, and the kingdom; but complained more
his brethren and fellow-bishops, than did the Judgment, the lay persons judging
him, &c. veruntamen multo magis quam
which was bound maintain his terrene
that the world frowned on him, but that
which was him most detestable above all
things was, that collected from the words of the bishops, that they were ready judge
him not only civil, but also criminal causes sceular court. And therefore forbad them all, virtue holy Obedience,
person, according his Citation, though “After this went into the king's Chamber
in beat go a
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11] STATE TRIALS, 9 HENRY 1163. −Proceedings against Thomas Becket. [12
carrying the Cross himself erected, expecting declared him Guilty perjury, and that for the king's coming The Bishops dissuaded this, the future they were not obey perjured
undecent posture, and would not that Archbishop.
And therefore put themselves, he should have proceded after this manner. 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. ’-
I.
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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
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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.