King EDWARD the First.

KIng Henry the Third died on the 16th of November, 1272. and was buried at Westminster the 20th of the same Month; and so soon as he was buried, John Earl of Waren, and Mat. Westm fol. 401. n. 40. 50. A. D. 1272. The Nobility and Clergy swear Fealty to Edw. I. when beyond Sea, after the Death of his Father, and appoint Guar­dians of the Kingdom. The Guardi­ans Names. They enter upon the Go­vernment; all Writs and In­struments is­sued by them in the King's Name. Gilbert Earl of Glocester, with the Clergy and Laity, went to the great Altar, and sware Fealty to his First-born Son Edward, who was then in the Holy Land, not knowing whether he was living; afterward the Nobility of the C Nation met at the New Temple, London, and a new Seal having been made, they appointed faithful Ministers and Guardians that might keep the King's Treasure, and the Peace of the Kingdom. Postmodum ad novum Templum Londini nobillores Regni pariter con­venerunt, & facto sigillo novo constituerunt fideles ministros & custodes qui Thesaurum Regis, &c.

These Guardians were, Walter Giffard Arch-Bishop of York, Ed­mond D Plantagenet, Son to Richard Plantagenet Brother to King Henry the Third Earl of Cornwal, and Gilbert de Clare Earl of Glou­cester, who entred upon the Exercise of the Government, by the Advice and Appointment of the Nobility, without any possible Pri­vity or Knowledge of the King; yet all the Writs, Proclamations, and Instruments concerning the Government were Issued in the King's Name; as appears by the Append. n. 1. A Writ to proclaim the King's Peace. Writ directed to all the Sheriffs in England, to proclaim the King's Peace throughout their E whole Counties in all Cities, Burghs, Fairs, Mercates, and other Places: Which was in this Form; Edward by the Grace of God King of England, Lord of Ireland, and Duke of Aquitan, &c. Whereas our Father King Henry of Famous Memory being Dead, the Government of the Kingdom is come to us by Hereditary Suc­cession, &c. We command the, &c. Witness, W. Arch-Bishop of York; Ed. of Cornwall, and G. of Glocester, Earls; at Westminster the 23d of November, in the First Year of Our Reign: But three F Days after the Interrment of his Father.

There was also a Writ of almost the same Tenor in the King's Name, directed to the Abbats of Dore and Hagenham to Receive the Oath of Fidelity from Append. n. 2. Leulin, Prince of Wales sum­mon'd to take the Oath of Fealty. Leulin Son of Griffin Prince of Wales: Dated by the Hand of Walter de Merton, then Chancellor, [Page 2] (and at least a great Assistant to the Guardians) on the 29th of November, in the First Year of Our Reign; but he appeared not, sent any answer to the Abbats, as by the Return from them, and the Constable of Montgomery Castle annexed to the Writ it self, is manifest.

Writs likewise for keeping the Peace in Ireland, were Directed Pat 1 Ed. I. Part. 2. M. 20. De Conserva­tione pacis in Hibernia. A Writ for the Conserva­tion of the Peace in Ire­land. to Maurice Fitz-Maurice, Justiciary of that Nation, inhibiting A all under the Pain of Life and Member, and Disheriting, That they presumed not to infringe the Publick, or King's Peace, with Promise to Maintain all People of that Land in their Rights, Goods, and Estates, and do them full Justice against great and small; Ib. M. 20. De fidelitate, Archiepiscopor. Episcop. &c. Regi facienda. With Command to the Arch-Bishops, Bishops, Abbats, Priors, Earls, Barons, Knights, and Freemen of Ireland, to take the Oath of Fealty before Commissioners there appointed. Both these Records Dated by the Hand of Walter de Merton, Chancellor, B on the 7th day of December, at Westminster.

Besides these, they Issued other Writs in the King's Name, one for Assessing of Append. n. 3. 4. A Writ to the Sheriff of Surry and Sus­sex, to Sup­press the Rabble, and Plunderers. Tallage, dated Jan. 27. and to the [6] She­riff of Surry and Sussex; another to raise the Posse Comitatus, for suppressing the Rabble, who were up there, Plundering, Robbing, and Murdering the King's Subjects, dated the 6th of June, both in his First Year; so that they took upon them the Whole Admi­nistration C of the Government in his absence: and he was so far pleased with the Proceedings of his Chancellor, (especially against the Bishop of Carlisle for Excommunicating the Sheriff of Cumber­land, because he Bundel Brov. 1 Ed. I. n. 14. in the Tower. Distreined the Goods of an Abbat in his Diocese for the King's Debt, prohibiting him to put in Execu­tion the Excommunication, or Prosecute him in Court Chri­stian, for that the Correction and Pleas concerning the Transgression of the King's Officers belonged to himself, according to the Custom of the D Kingdom) that he wrote him a Letter of Append. n. 5. Thanks when he was acquainted with them, for his Diligence in the Dispatch of his, and the Kingdom's Business, Directing and Incouraging him to go on as he had begun, promising to Ratifie whatever he should do in Ways of Justice, Commanding him not to spare any of what State or Condition foever, but to proceed against them by Rigor of Justice, if otherwise he could not restrain their Ex­cesses. This Letter is dated August the 9th, in the First Year of E his Reign, at Melun, upon the River Seyn in France.

Upon the News of his Father's Death he set all things in or­der, and disposed them as well as he could, and came from the Holy Land into Sicily, and was received by the Mat. West. f. 402. n. 10, 20, 30, 40, 50. The King came from the Holy Land into Sicily, from thence to Rome, and so into France, where he did Homage to that King for Aquitan. King thereof with great Honour, who Conducted him to the Roman Court, where he spent some time with Pope Gregory the Tenth, his Friend, Familiar, and Acquaintance in the Holy Land; From F thence he passed into Burgundy, where at the foot of the Moun­tains, some English Bishops, Abbats, Earls, and Barons met him, from whence he came into France, where he was Honourably received by King Philip the Hardy his Cousin German, and did Homage to him for the Hereditary Lands he held of him, who there­upon granted him the possession of them.

[Page 3]After this he took his Leave of the King and Peers of France, Ibm. f. 403. n. 10. A. D. 1273. He receives the Homage and Service of his Vassals there. and went into Aquitan to Receive the Homage and Service of his Vassals there, in which he found much difficulty from several that Refused to do their Feudal Duties to him, but chiefly from Ibm. n. 20. and Mezer. Fr. Hist. f. 315. A. D. 1272/3. The Viscount of Bearn de­nies his Ho­mage. He is forced to do it. Gaston Monaco Viscount of Bearn, who because a Predecessor or two had done Homage and Sworn Fealty to the King of Aragon, and he had been much obliged to Alphonso the Second then King, A denied his Homage; King Edward seised upon his Person, and kept him Prisoner among his Retinue, from whence making his Escape, he was driven out of his Country; And upon an Ap­peal to King Philip, as Soveraign Lord of Aquitan or Guyenne, in favour of King Edward, He compelled Gaston to hold his Lands of him.

In the Second year of his Reign, having settled his Affairs be­yond B Sea, Mat. West▪ f. 467. n. 20. A. D. 1274. The King comes for England. he took Ship at Bologn in Picardy, and landed in England on the 25th of July; At his landing Gilbert Earl of Glo­cester, and John Earl of Warren, received him more Honourably then other Nobility, conducting him to their Castles of Tonebridge in Kent, and Rigate in Surrey, where they Treated and Feasted him with great Jollity many days. On the 19th of August he and his Queen Elianor were Ibm n▪ 30. He and his Queen Crowned at Westminster. Crowned at Westminster by Robert Kilwarby Arch-Bishop of Canterbury, Alexander King of Scots, and John C Duke of Britan, being present.

Toward the middle of October following, he issued out Pat. 2 Ed. I. M. 6. He makes in­quiry after the Rights of his Crown, his Military Tenants, and Civil Officers, &c. whether they had done their Duties. Writs of Inquiry by the Oaths of Twelve Legal Men, to Two Commissioners in every County, to Inquire what his Royalties, and the Liberties and Prerogatives of his Crown were, who were his Tenants in Capite, and Military Service, and how many, and what Fees they held of him; Of his Tenants D in Antient Demeasn, how they had behaved themselves, and in what Condition their Farms were; Of Sheriffs, Coroners, Es­cheators, Bayliffs, and their Clerks, whether they had Extorted Money from any Man, by reason of their Office, had Wronged any Man, or Received Bribes for Neglecting, or being Remiss in their Offices, &c. The whole Inquiry containing 34 Articles.

About the beginning of November the King of France sent to E the King of England, to Append. n. 6. A. D. 1275. The King summoned as a Peer of France. appear in his Parlement to be holden on the Morrow of the Quindene of the Feast of St. Mar­tin in Winter (that is November 26.) to be at the Tryal of a Case between Robert Duke of Burgundy on the one part, and Robert Earl of Nevers, and Yobend his Wife on the other part, concern­ing the Dukedom of Burgundy, and the Appurtenants. Who by reason of his Weighty Affairs in his own Kingdom, sent Mau­rice He sends his Excuse. de Credome, Otto de Grandison, and Roger de Cliff, to make his F Excuse, with his Commission or Letter of Credence, dated at West­minster, November 11. He was summoned as a Peer or great Vassal of France.

By his Writ dated at Cl. 3. Ed. I. M 21. Dors. A. D. 1275. The Parle­ment Pro­rogued before meeting. Woodstock the 27th of December fol­lowing, he Prorogues his General Parlement he propounded to [Page 4] have holden 15 days after the Purification, to the Morrow of the Octaves of Easter. Quia Generale Parliamentum nostrum, Quod cum Prelatis & Magnatibus Regni proposuimus habere London, ad Quindenam Purificationis Beatae Mariae Virginis proximo futur. Quibusdam certis de causis prorogavimus usque in Crastinum claus. Paschae proxim. sequent. &c. Teste Rege apud Woodstock 27 die Decemb. Directed to Robert Arch-Bishop of Canterbury.

In which Parlement holden upon the Monday after Easter in A the year 1276, he made Excellent Laws both for Church and State, and for the Ease and Benefit of both. The Preamble where­of here follows. Stat. at Large, 3 Ed. I. A. D. 1276. Excellent Laws made both for Church and State. These be the Acts (in French, the Esta­blishments) of King Edward, Son to King Henry, made at West­minster, at his first Parlement General, after his Coronation on the Monday of Easter Ʋtas, (in French, on the Morrow of the Close of Easter, which was the same day) the 3d year of his B Reign, By his Council, and by the Assent of Arch-Bishops, Bishops, Abbats, Priors, Earls, Barons, and all the Commonalty of the Realm, being thither summoned, because our Sovereign Lord the King had great Zeal (in the French, Will) and Desire to Redress the State of the Realm, in such things as required Amendment, for the common Profit of Holy Church and the Realm, and because the State of the Realm, (so in the French) and of Holy Church, had been evil kept, and the Prelates and Religious People of the Land, C grieved many ways, and the People otherwise Intreated then they ought to be, and the Peace less kept, and the Laws less used, and the Offenders less punished then they ought to be, by reason whereof the People of the Land feared the less to offend; The King hath Ordained and Established these Acts, (in the French, Things) underwritten, which he intendeth (in the French, un­derstandeth) to be necessary, and profitable for the whole Realm. D

First, the King Willeth and Commandeth, That the Peace of Holy Church, and of the Land, be well kept and maintained inWith a saving to the King of the Rights of the Crown. all Points, and that common Right be done to all, as well Poor as Rich, without Respect of Persons. This Statute is called West­minster the First, and contains 51 Chapters, and the 50th was, A In Tottel's Magna Charta 'tis Chap. 49. in Mag. Charta Printed 1602, 'tis Chap. 50. saving to the King of the Rights of his Crown, notwith­standing these Grants were made, to the Honour of God, and E Holy Church, for the common Good of the People, and the Ease of such as were Grieved. Thomas Wickes says, this Statute was made by the Advice of the Lawyers, Jurisperitorum Chronic. 1. 102. Regni sui co-ope­rante Consilio, by which he gained the Hearts and Affections of the Plebesans, Quo corda plebeiae multitudinis, inaestimabili sibi Dilectio­nis sincertitate conjunxit.

Toward the latter end of July Ib. f. 103. Gasto de Bearn submits him­self. Gasto de Bearn. (before-men­tioned) F was sent to the King, by the King of France, who sub­mitting himself, and giving Security, after a short Imprisonment, was permitted to go into his own Country.

[Page 5]About Ib. f. 104. Simon Mont­fort's Daugh­ter, and Prince Lewellin's Mistress made Prisoner. Candlemass this year, Aelionara, Daughter to Simon Montfort, who had been Contracted to Lewellin, Prince of Wales, in her Father's Life-time, was sent from France to be Married unto him, and taken in the Severn not far from Bristol, and im­prisoned.

Nothing of Moment to be found from this time until after A Michaelmas following, when there was a Parlement Totel's Mag. Charta, Print­ed 1576. p. 39. B. A. D. 1276. The Statute of Bigamy. holden, in which the Constitutions, called the Statute of Bigamie, that had been recited in the presence of certain Bishops of England, and other of the King's Council; at which time all the King's Coun­cil, as well Justices, as others, did agree they should be put in Writing, and published for perpetual Memory, and that they should be firmly observed, Ib. in fine Status. were confirmed, or, as 'tis said in the Close of this Statute, were made. The Fifth Constitution, or B Chapter of this Statute, from whence it hath its Name, was an Interpretation of the Sixteenth Canon of the Second Council of Lyons, holden on the First of May 1274, and the Second of this King under Pope Gregory X. in these Words; Labbe, Tom. 11. Part. 1. Alteroationis antiquae Dubium, presentis Dubitationis Oraculo Decidentes. Biga­mos omni privilegio Clericali Declaramus nudatos, & coereitioni fori saecularis addictos, consuetudine contraria non obstante. Ipsis quoque sub anathemate prohibemus Deferre Tonsuram vel habitum Clericalem. C That is, in determining the old wrangling Question, we declare, that such as have been twice Married, are deprived of all the Privileges of Clercs, and left to Secular Jurisdiction or Coertion, any Custom to the contrary notwithstanding, and we forbid them under a Curse, either to be Shaven, or wear a Clerc's Habit.

Certain Prelates or Ordinaries, did take the meaning of this Canon to extend only to such as were Bigami, or had been twice D Married after the making of it; and they claimed such as had been twice Married before that time, when they were Arraigned for Felony, and required to have them delivered to them, as such as ought to have the Benefit of Clergy. This Challenge pro­duced the following Interpretation of the Canon concerning Totel's Mag. Charta ut su­pra, p. 40. a. b. The Reason of the Statute. Bigamists, whom the Pope in his Council of Lyons, de­prived of all Privilege of Clercs, by a Canon therein made, see­ing certain Prelates demanded such as had been so, before that E Constitution, and were accused of Felony, to be delivered unto them as Clercs; It is Agreed and Declared before the King and his Council, that the Constitution be so understood, That those who were Bigamists as well before as after the making of it, for the time coming, should not be delivered to the Prelates, but should have Justice done them as Laymen.

In this Parlement, the Clergy and Laity Granted to the King F a Fifteenth of all their Goods, but seeing The. Wike's Chron. f. 103. the Pope had or­dained in the Council of Lyons, That the Tenth of all Ecclesia­stic Revenues should be paid to the support of the Holy Land, and that the Clergy, had courteously given him and his Brother Two years Tenths since his Father's Death, he urged them not to pay this Fifteenth, but Treated with the Bishops, and greatest of [Page 6] them, for a Voluntary Contribution as they should think fit; What this Contribution or Aid was, 'tis not said, but it was not to be drawn into Example or Custom, as appears by the King's Protestation in his Letters.

Rex omnibus, &c. salutem Pat. 4. Ed. I. M. 6. A. D. 1276. Licet Comites, Barones, ac alii Magnates, & Communitas, regni nostri Quintam-decimam Omnium Bonorum suorum, & etiam Venerabilis pater R. Cantnar. A Archiepiscopus, & sui Suffraganei propter urgentia negotia nostra subsidium de Bonis suis nobis spontè & gratiose concesserunt, &c. That is, the King to all, &c. Greeting. Whereas the Earls, Ba­rons, other great Men, and the Community of our Kingdom, Granted us a Fifteenth of all their Goods, and the Venerable Father the Archbishop of Canterbury, and his Suffragans, for our urgent Occasions, on their own free Will and Courtesie, granted us an Aid of their Goods. We by these our Letters do Protest, B That this Gift proceeded only from their free Good Will, and not in the Name of a Fifteenth, and that it shall not be urged as an Example, or as a Due, or Drawn into Custom by us, or our Heirs. Witness the King at Westminster the First of November.

Leolin Prince of Wales wasMat. West. f. 408. n. 10. Leolin Prince of Wales re­fuseth to come to the Parle­ment at West­minster. called to this Parlement, as he had been to others, but would not appear; yet sent Meslengers that he might have Peace, and for the Daughter of the Earl of C Leicester, whom he intended to Marry, and to obtain this, of­fered a great Sum of Money. Which the King Refused, neither would he Consent to the Matrimony, unless he would Restore the Lands which he had seised and invaded in the Marches, to the just Proprietors, and Repair the Castles in England which he had destroyed. But the Prince not Complying with these Terms, he sent Forces to secure the Marches and English Borders from the Irruptions, Rapin, and Devastations of the Welsh, which proved D not sufficient to restrain them, they still continuing their Inva­sions and Depredations upon the English. And therefore the King, in the Fifth year of his Reign, issued out his Writs, to all the Noblemen and others that held of him by Military Service, dated atRo [...]. Scut­ [...] Ed. I. M. 8. A. D. 1277. Windsor, December the 12th, for the Summoning his Army to meet at Worcester 8 days after St. John Baptist next coming, which were to this Effect. E

Whereas Ibm. The King summons his Army against him. Lewelin the Son of Griffin, Prince of Wales, and his Complices, our Rebels, have invaded our Lands, and the Lands of our Subjects in the Marches, and do daily invade them, and com­mit Murders and other Wickednesses, and the same Lewelin refuseth to obey us as he ought, to the great Prejudice and Contempt of us, and to the manifest Disinheritance and great Damage of you (the Person to whom the Writ was directed) and other of our Subjects, for which we have now cansed our Army (Exercitum Nostrum) to be summoned, F A. D. 1278. that it be at Worcester Eight days after St. John Baptist, to Repress the Rebellion of the said Lewelin and his Assistants. We Command you, to be ready with your Horses and Arms, and with your Service due to us, to go with us from thence against the foresaid Lewe­lin, &c.

[Page 7]With this Army the King marched fromThe. Wikes, Chron. f 105. Flint and▪ Re­thelan Castles built. Chester towards Wales; in his way there was a great Wood, and so thick as his Army could not pass it; part of which was cut down, and a very large and wide Way made into Lewelin's Country, where he Built the two Castles of Flint and Rothelan; seised the Welsh­men's Lands, and Goods, and wasted their Country, drave them into their usual place of Retreat, the Mountains of Snowdon; A and with the assistance of the Men of the Five Ports took theAnglesey taken. Isle of Anglesey.

The Prince of Wales finding himself not able to resist the Force of the English, desired Peace, which wasWalsing­ham, f. 48. n. 10, 20. Granted unto him upon the following Articles.

• 1. That all English Prisoners should be Released freely, without B
  Peace granted to the Prince of Wales, and the Articles.
  claiming any thing from them.
• 2. That for this Peace, and the King's Good Will, he should pay at the King's pleasure, 50000 l. Sterling.
• 3. That Four Cantreds, and all the Lands Conquered by the English, (except Anglesey) should be and remain to the King and his Heirs for ever. And for Anglesey, the Prince was to pay to the King 1000 Marks every year. The first Payment to begin at Michaelmass then at hand; and for his Ingress or Entry upon it 5000 Marks; and if the C Prince died without Heirs, the King to have the Possession of it.
• 4. That he should come into England to the King at Christmass to do his Homage.
• 5. That all the Homages in Wales, should be to the King, except of Five Barons that lived in the Confines of Snowdon, because he could not be called Prince unless he had some Barons under him, for his Life, but after his Death, the Homages of those Five Barons, should remain to the King and his Heirs for ever. D

For the Security and Observation of these Articles, he deliver­ed to the KingIbm. Security for the perfor­mance of Ar­ticles. Ten Hostages of the best Persons in Wales, without being restrained, or disinherited. And the best Men of every Cantred, and of Snowdon, by Consent of the Prince, were to Swear upon the Holy Reliques, That whensoever the Prince broke any of these Articles, unless upon Admonition he corrected himself, they would Estrange themselves, (abalienarent se ab eo) E and become his Enemies in all things they could.

Also, besides these things,Ibm. he was to satisfie his Brothers for the Injuries he had done them, they were Three, Owen, and Roderic, whom he had put into Prison, and David, whom he had forced to fly into England. The Laity as an Aid towards this War,Ibm. n. 20, 30. gave the King the 20th part of their Goods. F

If the Reader desires to be better informed, or to see this Welsh Affair in a clearer light, let him look back into the Life of Hen. III. fol. 578, 579, 580. and fol. 663. D. E. F. &c.

Upon this PeaceIbm. n. 30. Leolin Marries the Daughter of Simon Montfort. Eleanor, the Daughter of Simon Mont­fort, was given in Marriage to Lewelin by the King, whose Pri­soner [Page 8] she had been: The Solemnity was performed at his Charge, and He with his Queen was present at it.

About this timeIbm. n. 40. A. D. 1279. The Earldom of Pontieu the Inheritance of the Queen of England. the Countess of Pontieu, the Queen's Mo­ther, died, who had been Queen of Castile; whose Inheritance, the Earldom of Pontieu, descended to her Daughter; with whom the King passed the Seas about the Feast of Ascension, and was Honourably Received by his Cousin Philip King of France, and A the most Powerful of his Kingdom, at Amiens, Alezer. f. 319. A. D. 1279. The King and Queen do Ho­mage for se­veral Coun­treys in France. The King gives up his Right in Normandy. who there re­ceived the Homages of the King and Queen of England, for the Countries of Agenois, Limosin, Perigord, Xantoigne in Aquitan, and the Earldom of Pontieu in Picardy, and other Lands, and de­livered unto them the Perpetual Possession of them. For this King Ed­ward gave up all his Right in the Dutchy of Normandy, only reser­ving 30 Livers of Paris, to be paid Annually out of the Exchequer. B

It was in this year, that so great a number of Jews were Hanged and Fined for Clipping and Falsifying the King's Coin, as appears by some Writs about this Matter; tho' the Story is placed by Math. Westminster in the year before. He saysF. 409. n. 20. Jews Hanged for Clipping and Counter­feiting the King's Coyn. in the Month of November all the Jews in England were taken and imprisoned in one day for Clipping and Counterfeiting the King's Money, who accused many Christians as guilty of the same Crime; They were Legally Tried and Convicted before Special Justices ap­pointed C for this Service, (viz. Walter Heliun and John Cobham) as the Writs inform us, as Pat. Roll. 7. Ed. 1. M. 1. de domibus A. D. 1279. Judaeorum suspensorum vendendis, for the Sale of the Jews Houses that were Hanged, as Escheated; and Pat. 7. Ed. 1. M. 11. de potestate vendendi Domus & Redditus Judaeorum Dampnatorum, Power given to sell the Houses and Rents of the Condemned Jews. Also Pat. 7. Ed. 1. M. 1. de finibus a Judaeis recipiendis, for the Receiving Fines of the Jews, such as Compounded for their D Felonies and Faults.Ibm. There were no less then 280 of both Sexes Hanged in London, and in other Cities of England, (Maxi­ma multitudo) a very great number, besides such as were Fined.

The Friers Preachers in England, who desired to Preach to thePreachers to Convert the Jews. Obstinate Jews, thereby to Convert them to the Christian Faith, and turn them from their Wicked Practices and Unbelief; apply­ing themselves to the King, obtained aPat 8. Ed. I. M. 27. A. D. 1280. Writ to all Sheriffs, E Bayliffs, and other Liege People, to admonish and induce the Jews in all Places to come and hear their Preaching without Blas­phemy or Disturbance, at such times as the Friers Preachers should direct. The Title of the Writ in the Margin of the Roll De prae­dicando Judaeis, about Preaching to the Jews. And to promote their Conversion, and for their Support when Converted,Ibm. Part. 1. M. 15. Dors orintus. Maintenance granted to the Converted Jews. the King granted, that toward their Maintenance they should have half the forfeited Estates of the Jews distributed for their Main­tenance, F and the other half should go to the House of Converts, (now the Rolls in Chancery-Lane, London) for the Support of Con­verts there; and further, that the Moiety of the forfeited Estates of the Jews, and all Deodands, be distributed in Alms according to the Patent pro sustentatione Judaeorum Conversorum, for the Su­stentation of the Converted Jews.

[Page 9]Yet for all this Incouragement the Preachers made no Work ofThey remain obstinate and unconverted. it, the Jews remained so still, they were the same Ʋsurers, and Bro­kers, (accounted then Wicked People) as before, and the same Infidels; Only some Poor Jews, rather to get a Livelihood, then out of Affection to Christ or Christianity, pretended to be Converts; for about Ten years after they were all Banished the Kingdom, as appears by these Writs, De Judaeis Regno Angliae Exeuntibus, A Of the Jews going out of England. Claus. 18 Ed. I. M. 6. And De passagio & conductu Judaeorum Angliae, for the Passage and Con­duct of the Jews of England. Pat. 18 Ed. I. M. 14.

In the Tenth of this King,Mat. West. f. 410. n. 50. A. D. 1282. The Welsh sur­prise the King's Justi­tiary. Lewelin Prince of Wales, and his Brother David, on Palm-Sunday night, surprised the Lord Roger de Clifford, the King's Justiciary there, killed many of his Servants, wounded, bound, and sent him Prisoner to the Moun­tain B of Snowdon, committing great Ravages, killing the People, and destroying a great part of the Marches.

The King scarce believing the News at first, upon better Infor­mation, sent the Barons of the Exchequer, and Justices of the Bench, (Justiciarios de Banco) to Shrewsbury, to put the Laws in Execution, and followed them with an Army, built a large Bridge over the River Conwey of Boats, or, as the Historian says, Ships, C and possessed himself of the Country about Snowdon, and gave many Shares of those Lands to his Barons, and others that had faithfully assisted him. Over this Bridge many of the Nobles of the King's Army passed out of Anglesey, to view and observe the Country, who affrighted with the Multitude and Clamour of the Welsh coming upon them, hasting to return from whence they came, were drowned in their Passage. The Welsh incouraged by this Accident, which they would have a Miracle, (non infortunio D sed miraculo ascribentes) pressed their Prince to Act like a Man of Courage, and it would not be long, e're, according to Merlin's Prophecy, he should wear the Crown of Brute. Whereupon, with a great Army, he descended into the Plains, and left his Brother David to defend the Mountains. Where Edmund, the Son of the Famous Roger Mortimer, then dead, with some other Marchers, set upon them, and without considerable damage to themselves,The Welsh routed, Lew­lin's Head struck off. slew a great number of the Welsh, in which Conflict Lewelin's E Head was struck off, presented to the King, and sent to London, and set upon the Tower.

Walsingham F. 50. n. 10, 20. A. D. 1283. Relates this Story in the year 1283, the 11th of Edward I. and that this Battle was six days before the Feast of St. Lucy that year; and says, that the Welsh besieged Rothelan Castle (now Radland) in Flintshire, and that upon King Edward's coming towards them, they quitted the Siege, and retired. Tho. F Wikes Reports it in the year 1281, and varies also from the others in the Story it self, and whether any of them be true in that, or not, certain it is, they are all false in the time, as is evident from the Records hereafter cited.

[Page 10] The King, Append. n. 7. to the Sheriff of Norf. and Suff. Greeting; Where­as Lewelin the Son of Griffin, and other Welshmen, his Accom­plices, and our Enemies and Rebels, have so often in the times of us and our Progenitors disturbed the Peace of England, and do still continue in the same Course; And, for that by the Advice of our Great Men, and the whole Community of the Land, we propound finally to repress their Rebellion and Instability, so as it shall not be in their A power to disturb the Peace of the Nation when they please, altho it seems to be a very great Charge and Difficult Ʋndertaking. We Command you, that you cause to come before us on the Octaves of St. Hillary, (i. e. Jan. 20.) at Northampton, or before our Commissioners, all those of your Bayliwick that have 20 l. a year and upwards, who are able and fit to bear Arms, who are not at present with us in our Expedition against the Welsh. And Four Knights of each County for the Four Knights summoned to meet for eve­ry County. For every Ci­ty, Burgh, and Mercat Town two Men. Community of the same Counties, having full power from them, and B also of every City, Burgh, and Mercate Town, Two Men, (Duos homines) for the Communities of the same, to hear and do those things, which on our behalf we shall cause to be shewn unto them, &c. Witness the King at Rothelan the 24th day of Novem­ber, in the 11th year of his Reign. The like Precept was to the Sheriffs of all Counties in England, to cause to meet, &c. at Northampton, except, to the Sheriffs of Yorkshire, Cumber­land, VVestmerland, Northumberland, and Lancashire, who C were Commanded to cause, &c. to meet at York. The like Pre­cept was to the Rot. Wall. 11 Ed. I. M. 4. Archbishop of Canterbury, to cause all his Suf­fragans, Abbats, Priors, and other Prefects of Religious Houses, Procurators of Deans and Chapters of Collegiate Churches, to come before the King or his Commissioners at the same time and place, to hear and do as before, and further to give their Coun­sel and Assistance, happily to finish what he had begun, to the Praise and Honour of God, the Magnificence of his Fame, (& D ad magnificentiam nostrae famae) to the perpetual Peace and Tran­quility of the whole Kingdom, Witness as before. The like was to the Arch-Bishop of York, for the Meeting of the Clergy of that Province at York.

After this the King wrote Rot. Walliae. 11 Ed. I. M. 4. De potestate data petendi & procurandi subsidium Regis in Expeditione Regis Wall. The King de­mands a Sub­sidy, and in­joins the form of it. Pope Nich. died, Aug. 22. 1280, and Martin IV. succeeded Febr. 22. the same year. Walsingham says it was in the year 1281, and according to Truth. to the Venerable Fathers in Christ, the Bishops, Abbats, Priors, Deans, Chapters of the Cathedral and Collegiate Churches of the Province of York, and their E Proctors. To the Knights, Freemen, Communities, and all others of every County beyond Trent, that were to meet on the Octaves of Hillary or 20th of January then near at hand, That for the Suppressing of the Welsh, &c. and Establishing a perpetual Peace in England, which he intended with his whole Heart, he had given Power to the Arch-Bishop of York, and Anthony Bek, Arch-Deacon of Duresm, his Secretary, to ask and procure, in his Name, according to the Form to them, by him delivered and F injoined, a Subsidy to his Use, of his Subjects of every Bishop­rick, and County beyond Trent, (plenam damus potestatem petendi & procurandi nomine nostro juxta formam per nos eis inde Traditam, & injunctam, subsidium ad opus nostrum, &c.) Commanding and Requiring them to give Credit to what the Arch-Bishop, and Anthony, should say about the Premisses, and to perform what they [Page 11] should propound to them on his behalf (Ex parte nostra.) Wit­ness the King at Rothelan the 6th day of January, in the 11th of his Reign.

The Welsh affrighted at the Death of their Prince, Mat. Westm fol. 411. n. 20. The Welsh de­liver up their Castles in Snowdon. delivered all their Castles in Snowdon, and the very middle of Wales; and the Clergy and Laity (Clerus & Populus) granted first a Fif­teenth, and afterwards a Thirtieth part of all their Goods, to the A King for an Ayd.

David, the Brother of Lewelin, Ibm. And Walsing­ham, f. 51. n. 20, 30. f. 52. lin 6. A. D. 1284. David, Prince Lewelin's Bro­ther, Judici­ally Condem­ned, &c. Wales wholly subdued. was taken by the King's Spies, and such as he had appointed for that Business, who re­fused to see him when brought to Rothelan Castle, altho with great importunity he desired to be brought before him, was sent to Shrewsbury, and there Judicially Condemned, Hanged, Drawn, and Quartered. From this time Wales became Subject to England, B received it's Laws, and the King placed his Sheriffs in it.

King Edward having undertaken the Croysado for the Holy-Land, and by reason of these Welsh Wars, and other things he was about to settle in his own Kingdom, not being able in his own Person to perform it, intended his Brother Edmund, Earl of Cornwall, for that Service; and there being Six years Tenths Six years Tenths grant­ed for the Aid of the Holy Land. Collected from the Clergy, according to the Canon and Grant C of the Second Council of Lions, laid up and secured in several Monasteries, and other Places, for Aid of the Holy Land; Pope Martin the Fourth sent Two Preaching Friers into England, for the Exportation and Return of this Money by his Agents and Forreign Merchants, issued the following Writ to hinder it.

The King to Edmund Earl of Cornwall, Greeting: Append. n. 8. The King for­bids the Car­rying of Mo­ney out of the Land to the Pope, who sent for it. Because for certain Causes we will not, that the Six years Tenths Granted by D the Clergy of Our Kingdom for the Aid of the Holy Land, and now Collected, be carried out of the Kingdom; We Command, that you cause to come before you all the Merchants of London, as well those of Companies as others, and Injoin and Inhibit them on Our behalf, under the Peril of Losing Life, Member, and all their Goods, that they no manner of ways Carry, Cause, or Permit to be Carried, the Mo­ney arising from the said Tenths out of the Kingdom; and if you find any Merchants or others doing so, That you cause them and the Money E to be Arrested, and safely kept, until you receive other Commands from Ʋs. Witness the King at Hertlebury the 24th of May, in the 10th of Our Reign. The like Command was to the Major and Sheriffs of London, and to Stephen Pencestre Warden of the Five Ports.

And he did not only Issue this Prohibition, but sent Commissio­ners to the Places where it was laid up, to see how much there was, and to order the safe keeping of it for the right Use. F Cl. 11 Ed. I. M. 7. Dors. de Decima. The Priors of Ely and Norwich refused to let the King's Offi­cers see or secure the Money in their Monasteries, whereupon he commanded Ibm. the Sheriffs of Norfolk and Cambridgeshire, to cause them, with 3 or 4 of their Discreet Monks, to come to him wherever he was, to answer the Contempt. Witness the King at Aberconwey in Snowdon the 15th day of June.

[Page 12]The Two Friers, (viz. Garnerius, and Ramerius de Florentia, ordinis Praedicatorum) that brought the Pope's Orders for the Return or Transportation of these Tenths, brought also his Claus. 10. Ed. I. M. 5. Dors. litera directa Papae de cruce assu­menda. The Pope writes to the King about his Voyage to the Holy Land. Letters to the King for the taking upon him the Cross, and assigning the time of the General Passage of the Christians of all Nations into the Holy Land; They pressed the King for an Answer, who commended their Prudence very much to the Pope, and only wrote A back by them, That his Holiness should receive Answer by Messen­gers of his own from Chester the 10th of June.

By these Messengers, Claus 11. of Ed. I. M. 7. Dors. Bulla di­recta Regis su­per Decima. The King sends Answer by his own Messengers. who were Robert Dean of York, and John Clazel his Chaplain, (as we are informed by the Pope's Bull to the King about this Matter) he desired, That the Tenths that were gathered in his Kingdom, might be assigned to his Brother Edmund, Earl of Campaign and Britany, (as the Pope there stiles B him) who was ready to undertake the Cross for the Succour of the Holy Land, at the time of the General Passage. But the Pope excusing the Delay of his Return to his Petition, Ibm. refused to Grant his Request, and giving both him and his Brother great Encomiums, and many fine Words, earnestly moved him to go in his own Person, as was expected, for the Glory of GOD, and his Own Honour. This Bull is Dated apud Ʋrbem Veterem, (now Orvieto) on the 8th of January, in the Second year of his Pope­dom, C 1283.

After this, according to the Registrum Peccham. f. 66. The King and Pope disagree about the Tenths and Business of the Holy Land. Relation in the Pope's Letter, or Bull, directed to John Peccham, Archbishop of Canterbury, re­cited in his Answer to it, directed to the Pope; The King is Charged, with Breaking open the Locks, and Seals of the Places where this Money was kept, and removing of it whither he pleased, to the great Offence of the Divine Majesty, and much D Contempt of the Apostolick See, whereas he ought not to have done it without his License, having sent (as 'tis there said) frivolous Letters for his Excuse. In which Bull or Letter, he Commands him, by virtue of his Obedience, to go to the King, and admonish The Pope sends the Arch. Bishop to Admonish the King. and induce him on his behalf, (ex parte nostra moneas & inducas) to restore and send the Money back from whence it was taken, without any defalcation, within the space of a Month, and to tell him he would not, nor ought to suffer the Holy Land to su­stain E such a great Loss, and that unless he complied with the Ad­monition, he would proceed against him and the Nation, according to the Quality of the Fact, and as he should think fit. Enjoin­ing the Arch-Bishop to give him an Account what he did in this Affair, and what the King's Answer was. Dated at the same Place as before, the 5th of July, in the Third year of his Ponti­ficate.

The Arch-Bishop's Return Ibm. The Arch-Bishop's Ac­count to the Pope concern­ing the King and the Tenths grant­ed for the Holy Land. to the Pope was this. Huic F igitur Sanctitatis vestrae Mandato vires & vota subjiciens reverenter, &c. In Obedience to your Holiness's Commands, I went im­mediately to the King in the Marches of Wales, and delivered your Letters into his own Hands; and having openly and plainly Expounded your Letters and Command to me, and [Page 13] shewn the Authority of it, before him and his Great Men, I ad­monished the King to the performance of Three Things.

• 1. That he should restore, and cause to be carried to the Places from whence it was taken, the whole Money of the Tenths, with such readiness and alacrity, as might expiate the Crime of taking it away.
• 2. That for the future he should forbear such Actions, adjoin­ing, A That tho the Apostolic Elementy retained him in the number of her Dearest Sons, yet if he should be afterwards found in such Offences, she neither could nor would with-hold from him the Rod of Correction. (Non posse eam, nec velle virgam ei Correctionis sub­trahere) lest sparing the Man, it should assent to those Divine Affronts or Injuries it had not Corrected. (Ne parcendo homini Divinis Injuriis quas non corrigeret, assentiret.) B
• 3. That he should not trouble or prosecute those that had the Money in keeping.

Quibus silenter & Reverenter auditis, &c. To which, he having patiently, and reverently heard them, and having deliberated with those about him, he thus answered.

To the First, That there was no necessity of the Pope's send­ing C his Letters, or the Arch-Bishop to him in this Case, when as he had Two Months since commanded the Money to be re­stored.

To the Second, That he intended no undue thing (nihil inde­bitum intendebat) against the Church for the future.

To the Third, He said he wondred, why it should be put upon D him not to Molest the Guardians of the Money, when it was always his firm purpose, not to do injury to any Innocent Person.

When he sent this Account of his Proceeding to the Pope, he also advertised him, That it was affirmed by such Testimony as ought to be believed, that the King had restored the Money; but E of that he could not write him the precise Truth, unless from those that knew the Weight, Number, and Measure of it, (Nisi per illos qui ipsius noverunt Pondus, Numerum, & Mensuram.) This Answer of the Arch-Bishop to the Pope is dated the 29th of November.

While the King Mat. West. f. 411. n. 50, A. D. 1284. King Ed. II. Born. remained in Wales, for the Establishing and Settling his own, and the Nation's Affairs there, his Son Ed­ward F (who succeeded him) was born at Caernarvon on St. Mark's-Day; where he continued until toward the latter end of April the year following, and then having finished his Work, Ib. f. 412. n. 30. A. D. 1285. he came into England, and was received at London in great Triumph the last day of that Month.

[Page 14] Matthew of Westminster Reports, That the King ofIbm. n. 40, 50. France, Philip IV. called the Fair, not long after his Father's Death, sent his Ambassadors to King Edward, to come over into France, and employ his Mediation for a Peace between himself, and the Kings of Arragon and Spain. He complied with his desire, and on the 24th of June passed the Sea, and was attended with many Bi­shops,A. D. 1286. Earls, and Barons, and was received Honourably by the A King and Nobles of France, and Conducted to St. Germans, where he staid some time, and demanded the Lands which his Grand­father King John had lost, and obtained Ten thousand Pounds Sterling of the King of France, to be yearly paid at the Tower of London, together with some Arrears for Normandy, which was his Inheritance.

Mezeray's Story is otherwise, heF. 322. A. D. 1286. says ever since the Death B of Philip III. Edward King of England had omitted no Endea­vour to confirm the Treaties with his Successor. In the year 1286, landing in France about Pontieu, he was received at Amiens by several Lords sent from the King to meet him; from thence he came to Paris, where he was Magnificently Treated, and was present at the Parlement, which was held after Easter, and went from thence to Bourdeaux. The apparent Cause of his Voyage, was the Desire he had to compose the Business of the King of Ar­ragon C with the King of France, because Alphonso, the Eldest Son and Successor of Peter, had Married or Espoused his Daughter Elianor; He forgot not likewise then to press earnestly he might have some Consideration for Normandy, and those other Coun­treys, which both his Father and himself had Renounced, but could obtain nothing in either of these Points. Being at Bur­deaux, he solemnly Received the Ambassadors of the Kings of Aragon, Castile, and Sicily, all Enemies to France, which gave no D little Jealousie to King Philip; Thus the French Historian. And there is nothing to be found of his Mediation, or what Effect it had.

He staid in France above Three years, without doubt to Transact his own Affairs; And at hisMat West. f. 414. n. 10. A. D. 1289. King Edward punished his Justices for Bribery. Return, Aug. the 4th, he made a Progress through England, and punished his Justices that had taken Bribes in his absence, perverted Judgment, and E committed Errors, according to the quantity of their Faults.

Alexander III. King of Scotland, diedBuchan. rer. Scot. lib. 7. f. 85. a. n. 10. Printed at Edinburgh, A. D. 1582. Alexander K. of Scots dies. by a fall off his Horse on the 19th of March 1285; and before himself all his Children died: his Daughter Margaret was Married to Eric King of Norwey, who by him left one only Daughter named Marga­ret, called the Maid of Norwey, Heiress to the Crown of Scot­land. Alexander thus dead without Issue, except this Grandchild, F and she then in Norwey with her Father, there was a Conven­tion of the States of the Kingdom at Scone, in which they Treat­ed of creating a new King, and settling the State of the King­dom,Ib. lib. 8. in mitio, f. 86. a. n. 10. in quo conventu de novo Rege creando, & Statu Regni componendo ageretur, which King's creation (as the Author expres­seth it) was only providing a Husband for the Maid of Norwey, [Page 15] as appears by the following Story, where were chosen Six Guar­diansSix Guardians or Governors of the King­dom chosen. Margaret the Maid of Nor­wey his Grand­child and Heir. or Governors of the Kingdom, to Rule it in the Name of Margaret the Maid of Norwey, as will presently appear: To whom King Edward, knowing the Grandchild of his Sister, (King Alexander's Queen) the only Child of the King of Nor­wey, and sole Survivor of Alexander's Posterity, to be the Lawful Heir of the Kingdom of Scotland, sent Messengers thither to require her for a Wife for his Son.Ibm. n. 20. A Match propounded between her, and Edw. II. Edwardus Anglorum A Rex gnarus suae sororis neptem Regis Norwegiae filiam unam ex Alex­andri posteris esse superstitent, eandemque Regni Scotorum legitimam hae­redem, legatos ad eam deposcendam filio suo uxorem in Scotiam Misit.

To proceed in this Match the PopesPat. 17. Ed. I. M. 3. Cedula intus de facto Nor­wegiae. Dispensation was procured, they being Cousin Germans, to legitimate the Marriage. This obtained, King Edward writes to Eric King of Norwey Ib. M. 4. Cedula. about this Affair, assuring him, That the Guardians, the B Great Men, Prelates, and the whole Community of the Kingdom of Scotland, had unanimously consented to it. And the King of Norwey Ib. M. 3. 4. A Treaty a­bout that Match. wrote to King Edward, and sent Commissioners there named, to Transact with him, That by his Advice and Assistance his Niece might be obeyed as Queen and Heir of Scotland, and that she might Govern as Kings do in other King­doms, Ʋt ipse apponeret auxilium & consilium, qualiter praedictae Re­ginae nepti suae obediretur, ut Domina, Regina, & haeres, Regni Scotiae, C & quod ipsa inde Ordinare possit pariter & Gaudere prout aliis faciunt Reges Regnis. Ibm. King Edward wrote also to the Guardians of Scotland, to send Commissioners to Treat with those of Norwey about the Emendation, Peace and Quiet of that Kingdom, and ordering the State of the Queen, (& reformatione Status Reginae) who sent them accordingly, with whom he joined Commissio­ners of his own. All these Commissioners named in this Instru­ment, met at Salisbury on the 26th of October, where and when D it was agreed:

• First, That the Queen and Heir
  Ibm. The Articles of that Trea­ty.
  (Regina & Haeres) should come into England or Scotland before the Feast of All-Saints next coming, if she had no reasonable Excuse, free from any Con­tract of Marriage or Espousals, for which the Commissioners of Norwey did undertake.
• Secondly, That if she came so into England, King Edward pro­mised, E That when Scotland was so secured in Peace and Quiet, as she might safely go thither, and stay there, if the Scots re­quired, he would send her thither free from all Contracts of Mar­riage and Espousals, so as the Scots before they should receive her, gave good Security to him, and the King of Norwey, they would not Marry her without their Consents.
• Thirdly, The Scots Commissioners likewise promised, for them­selves F and the Nation, they would secure it before she came thither.
  Ibm.
  Quod inibi ut in suum Regnum venire poterit, & pro suae voluntatis libito Commorari, prout ipsius Terrae vera Domina, Regina & Heares; Quodque de premissis omnes securitates praestabunt, quae rationabiles fuerint, & quas dicti Duntii Norwegiae ipsos fa­cere [Page 16] posse dicunt. That she might come and remain there at her pleasure, as true Lady, Queen, and Heir, and that concerning the Premisses, they would give all Rational Security, that the Commissioners of Norwey should say they might give.
• Fourthly, If any of the Guardians or Officers of Scotland were suspected, they should be Removed,
  Ibm.
  and new ones put in their Places by the Commissioners of Norwey, and Scotland, and A such as the King of England should appoint for that purpose, and if the Scots and Norwegians could not agree in this Matter, then the English Commissioners were to determine what was to be done, and not only in this, but in all Matters whatsoever, that should happen in settling the State and Reformation of Scotland.

For the performance of all this it wasIbm. agreed there should be a great Meeting of the English and Scots at and near Rokesburgh, B at Midlent next following, where the Scots were to give Security for the Performance of these things, and for the Emendation of Scotland before such as the King of England sent thither.Ibm. To this Agreement in Three Parts, Two in French for the English and Scots, and a Third in Latin for the Commissioners of Nor­wey. The Respective Commissioners set to their Seals, and it was Dated at Salisbury on Sunday the Feast of St. Leonard, (i. e. No­vember 6.) 1289. C

By his LettersAppend. n. 9. King Edward writes to the Nobility of Scotland to assist the Guardians. dated the same day at Clarendon, directed to the Prelates, Great Men, and the whole Community of Scot­land, King Edward Requires them to obey and be assisting to the Guardians, who were appointed in the Name of his Kinswoman Queen Margaret, to Govern that Kingdom.

This securing Scotland to the Right Heir, and making it in so D quiet a Condition, as it might receive her with safety, and providing her an Husband, was the ordering of the State of theThe meaning of Buchanan's King-Crea­tion. Kingdom, and King-Creation, as Buchanan artificially insinuates in his Republican Expressions.

For further facilitating of this intended Marriage, and that it might proceed, with the Assent and Approbation of the Guardi­ans, Bishops, Abbats, Earls, Barons, and whole Community of E Scotland, King Edward Pat. 18 Ed. I. M. 8, 9. A. D. 1290. confirmed to them certain Articles agreed on, by special Commissioners on both Parts. The English Commissioners on behalf of the King and his Heirs Granted:

• First, That they should Have, Ʋse, and Enjoy, their Laws, Li­berties,
  Concessions of King Edward for promoting the Match be­tween his Son and the Hei­ress of Scot­land.
  and Customs, they had before Enjoyed.
• Secondly, That if Edward and Margaret should die without F Heirs, the Crown should Revert to the next Heir of the Kingdom.
• Thirdly, That the Kingdom of Scotland might remain separated, divided, and free in it self, from the Kingdom of England, without subjection, by its true Bounds and Limits, as it had been before time. This was Granted with a saving of the King's Right before this Treaty.
• [Page 17] Fourthly, That the Chapters of Cathedral, Collegiate, or Conventual Churches, might not be compelled to go out of the Kingdom to ask Leave to Elect or Present their Elects, or to do Fealty to the King of Scotland, nor any Tenents in Capite, or other Persons forced out of the Kingdom, to do their Homage, Fealty, and Services, or prosecute any Suits, or other things which were used to be done there, but that they might be done in their usual Places, before the Chancellor of Scot­land A or Vice-Roy.
• Fifthly, That the Parlements for what concerned Scotland, might be holden within that Kingdom.

The King was to Ibm. Swear to the Observation of these Things; And the Commmissioners promised further, That he should oblige himself and Heirs to make Restitution of the Kingdom in the Case aforesaid in B 100000 l. Sterl. to be paid to the Church of Rome in Aid of the Holy Land; and, That he should Consent, the Pope might constrain him and his Heirs, by Excommunicating them, and interdicting the Kingdom, as well to the Restitution, as Payment of the Money, if he did not.

It was lastlyIbm. Agreed and Promised by the English Com­missioners, That King Edward at his own Charges should pro­cure C the Pope to confirm these Articles within a year after the Marriage of Edward and Margaret, and that within the same time, & infra idem Tempus Communitati Regni Scotiae liberari, to be delivered to the Community of the Kingdom of Scotland, who could be no other then the Nobility and Military Tenents.

These Articles and Concessions were Sealed by the Commissio­ners on Tuesday before the Feast ofJuly 10. St. Margaret, on the 15th D of the Kalends of August, (that is July 18.) A. D. 1290; and the Letters Patents of Confirmation of this Agreement were Sealed with the King's Seal at Northampton, August 28.

On the same day the King appointedAppend. n. 10. King Edward appointed a Lieutenant in Scotland, to Queen Mar­garet and his Son. the Bishop of Dur­ham to be Lieutenant to Queen Margaret, and his Son Prince Ed­ward, in Scotland, for Preserving the Peace and Government thereof, with the Advice of the Guardians, Prelates, and Great Men, E according to the Laws and Customs of the Kingdom. And the Guar­dians and Noblemen of Scotland, with the Governors and Ca­ptains of the Castles and Forts, ingaged themselvesPat. 18 Ed. I M. 8. to de­liver them up, when their Queen and her Husband should come into that Kingdom. This whole Transaction at large is to be found in the Patent Rolls of the 17th, M. 3, 4. and of the 18thQueen Mar­garet dies. of Ed. I. M. 8, 9. in the Tower of London, in the Record Office there. F

But before this intended Marriage could be consummated, in her Voyage towards England or Scotland, the Queen died,Rot. de su­perioriate Regis Angliae in Reg­no Scotiâ, &c. Annis 19, 20, 21, 22, 23, Ed. I. in [...] Land. Several Com­petitors for the Crown. af­ter whose Death there arose a Contention between several Pre­tenders to the Right of the Crown and Kingdom of Scotland, which put that Nation into Confusion; KingIbm. Edward, as [Page 18] Superior and direct Lord thereof, called his Parlement at Nor­ham in the Confines of Scotland, Ibm. (Indicto apud Norham in con­finiis Regni Scotia suo Parliamento) and went thither to determine the Controversie about the Right of Succession between the Com­petitors.

On the 10th of Imb. A. D. 1291. King Edward claims the Su­periority and Direct Domi­nion over Scotland. May, A. D. 1291, and Nineteenth of Ed. I. by the King's Command, the Nobility, Prelates, Knights, A and many others of both Kingdoms, met at that place, (Congre­gatis apud Norham ad Regis Mandatum utriusque Regni Nobilibus, & Praelatis, Militibus, & perpluribus aliis in Multitudine Copiosa) where Roger Brabancon, the King's Justiciary, in the presence of a Pub­lick Notary, and Witnesses purposely called thither, in praesentia mei Notarii publici & Testium vocatorum ad hoc specialiter & rogato­rum) in the King's Name told them the Reason of his coming, and of their being there called together, which was, That he B taking notice in what Confusion the Nation had been since the Death of Alexander their last King, and his Children, for the Affection he had for them, and all the Inhabitants thereof, whose Protection and Safe­guard was well known to belong to him, for the doing right to all that claimed the Kingdom, and Preservation of the Peace: To shew them his Superiority, and Direct Dominion, out of divers Chronicles and Monuments preserved in several Monasteries, to use his Right; to do Justice to all, without Ʋsurpation or Diminution of their Liberties, C and to demand their Assent to, and Recognition of his Superiority and Direct Dominion.

The Justiciary having thus spoken in the King's Name, and the Bishops, and other Ecclesiastick Prelates, Earls, Barons, Great Men, and other Nobles of the Communalty of the Kingdom of Scotland, there present, having understood his Meaning, (Quibus Ibm. The Nobility of Scotland re­quire time to Consider of his Claim. per praefatum Dominum Rogerum, nomine Regis Angliae, peroratis, D & à praefatis Episcopis, & aliis Praelatis Ecclesiasticis, Comiti­bus, Baronibus, aliisque Nobilibus, de Communitate dicti Regni Scotiae ibidem praesentibus plenius intellectis) they required time to Consult with such of their Orders as were absent, which the King granted until the next day only.

When, Ibm. it being the 11th of May, they met again in the Church of Norham, and then they earnestly press the King to give E them longer time to Answer, with such as were absent, to his Demands concerning their Recognition of his Superiority and Di­rect He gives them time, and di­rects them to produce Evi­dence against his Claim. Dominion over the Kingdom of Scotland, which he said was his Right, (Quod dicebat esse suum jus.) Upon Deliberation he gave them time until the Second of June next coming; and on that day precisely they were to Answer his Demand, and if they had any Evidence, Writings, or Antiquities, which might exclude him from the Right, and Exercise of his Superiority F and Direct Dominion, or overthrow his Reasons and Arguments for it, they were then to exhibit, and shew them, protesting he was ready to allow them what the Law permitted, and to do what was just.

[Page 19]And that they might the better understand his Title, and makeHis Title. their Objections against it, the Ibm. Bishop of Durham was ap­pointed to Declare it to the Nobility, and Prelates there present: The Declaration he made, and Arguments he used were Historical, and taken from the Ibm. Manuscripts of Marianus Scotus, William of Malms­bury, Roger de Hoveden, Henry de Huntingdon, Ralph de Di­ceto, and the Chronicle of St. Albans. That is, Math. Paris; That the Scots had been Conquered by several of our Saxon Kings; That se­veral A of their Kings had submitted to them, sworn Fealty, done Ho­mage, and received the Crown and Kingdom from them; and that the Scots had also submitted and been Governed by such Kings, as the English Saxon Kings had given that Kingdom to, and placed over them; That after the Conquest the very same things had been done, submitted to, and complied with, in the Reigns of William the First, Second; Henry the First, Stephen, Henry the Second, Richard the First, King John, and Henry the Third. B

Most of which Authorities Cited as Matter of Fact in this long Deduction, are to be found in the Historians above-mentioned now in Print, according to their several Years and Dates. Except that in the Year 1189. in the Month of December, 'tis only said in Hoveden, That William King of Scots came to Canterbury, and did Homage to Richard the First, for what he held of him in England; and 'tis omitted in the same Deduction, Hoveden, f. 377. a. b. That he C Released for the Consideration of 10000 Marks Sterling, all what his Father Henry the Second, by Bargains, Agreements, New Charters, and Imprisonment had Extorted from him, Reserving only the Homage due to him for the Lands he held in England: So as he was to be in the State and Condition with King Richard, as his Brother Malcolm King of Scotland had in been the time of his Progenitors. And also, That Alexander his Son, upon the Marriage of Henry the Third's Daughter, did his Homage to him D as his Liege-Lord, for the Lands he held of him in England; but being demanded to do the like for the Kingdom of Scotland, and acknowledge his Superiority according to the Practice of his Pre­decessors, Modestly Mat. Paris f. 829. N. 50. refused it, and was not earnestly urged to do it, lest it might disturb the Jollity of the Marriage Enter­tainment.

After the King's Title to the Dominion of Scotland had been E Declared and Published, on the [...]ot. de Su­perioritate Re­gis Angliae, &c. Second of June, the Bishops, and other Ecclesiastick Prelates, together with the Earls, Barons, and other Nobles of the Community of the said Kingdom of Scotland, met right against Norham Castle, (where King Edward then was) in a Green Plain on the other side of the River Tweed, as also the Noble Men that claimed the Kingdom. The Scots Nobility meet about King Edward's Ti­tle. Congregatis Ex opposito castri de Norham, ex alia parte fluminis de Tweda in qua­dam area viridi, Episcopis Prelatisque aliis Ecclesiasticis F Regni Scotiae, unà cum Comitibus, Baronibus, aliisque Nobili­bus de Communicate dicti Regni. Necnon & Nobilibus Uiris Jus ad dictum Regnum vendicantibus, &c. The Bishop of Bath and Wells was sent to Demand in the King's Name, What they had done since the last Meeting, Ibm. and whether they would Say, Ex­hibit, Propound, or shew any thing that could or ought to ex­clude [Page 20] the King of England from the Right and Exercise of the Su­periority and direct Dominion of the Kingdom of Scotland; andThey do not say or pro­duce any thing against it. that they would Produce and Exhibit it, if they believed it Ex­pedient for them, si sibi crederent Expedire, protesting in the Name of the King of England, he would favourably hear them, and allow what was Just, or Report what they said to him, and his Council. That upon Deliberation they might do what Justice required. They tho' often required, answered Nothing, pro­pounded A or exhibited Nothing; wherefore the Bishop recapitu­lating what had been said and urged for the King's Title, and what had been done in these several Meetings in which they of­feredHe resolves to proceed in Hearing and Deciding the Titles of the Competitors to the Crown. nothing against it, declared to them, the King would make use of his Right of Superiority and direct Dominion in Scotland, in Deciding the Controversie between the several Competitors for that Kingdom, which according to the Notary's Form and Method is thus tediously Expressed; Ibm. Idcirco vobis omnibus & singulis B tam Episcopis, Prelatisque aliis Ecclesiasticis, quam Comitibus, Baronibus, Nobilibus, & Magnatibus aliis de Communi­tate dicti Regni Scotiae hic Congregatis, Idem Dominus noster Rex Angliae, per nos Robertum Bathoniensem & Wellensem Episcopum insi­nuat & Denuntiat, Quod cum ex parte vestra per vos & vestrum ali­quem, nihil sit propositum, exhibitum, vel oftensum, quod jus, Execu­tionem, seu Exercitium juris sui, hujusmodi Superioritatis & Directi sui Dominii praedicti debeat aliqualiter impedire; Intentionis suae est C Jure suo praedicto uti, & in ipso negotio inter contendentes de Jure Suc­cessionis Regni Scotiae procedere.

Then beginning with Robert de Brus Lord of Anandale, and oneAll the Com­petitors ac­knowledge Edward I. to have the Su­periority and direct Domi­nion over the Kingdom of Scotland, and that they would receive Justice from him. of those that Claimed the Right of Succession to the Kingdom of Scotland, he ask'd him in the Presence of all the Bishops, Prelates, Earls, Barons, &c. Whether in Demanding the said Right, he would Demand, Answer, and Receive Justice, before the King D of England, as Superior and Direct Lord of the Kingdom of Scot­land, who presently, publickly, openly, and expresly, in the Pre­sence of all and every one of them, and the Publick Notary, no body Contradicting or Gainsaying, answered, That he did acknowlege the King of England, Superior and Direct Lord of the Kingdom of Scotland, and that he would from and before him, as his Superi­or and Direct Lord of the Kingdom of Scotland, Demand, An­swer, and receive Justice. Ibm. Idcirco ex parte dicti Domini Re­gis E Angliae & de ipsius mandato speciali, incipiendo a vobis Domino Roberto de Brus, Domino Vallis Anandiae, &c. interrogando quaeri­mus, hic in praesentia istorum Praelatorum, Comitum, Baronum, & ali­orum Nobilium utrius (que) Regni hic Existentium, an super Petitione Juris vobis Competentis ad dictum Regnum velitis coram ipso Rege An­gliae utpote Superiori Domino vestro Regni Scotiae, stare juri, & ab eo petere, Respondere, & Recipere Justiciae Complementum. Qui statim, publice, palam, & Expresse, in praesentia omnium & singulorum ibidem F praesentium, & mei Notarii infra scripti, respondens dixit, Quod Do­minum Regem Angliae recognovit Superiorem & Directum Dominum dicti Regni Scotiae, & concessit se velle &c. ab ipso, & coram ipso, ut­pote Superiori & Directo Domino suo Regni Scotiae, Petere, Respon­dere, & Recipere Justiciae Complementum.

[Page 21]All the other Competitors there present, viz. Ibm. The Compe­titors who they were. Florence Earl of Holland, Lord John Hastings, Patrick of Dunbar Earl of March, William Vescy, William de Ros, Robert de Pinkney, and Nicolas de Soules, had the same Question put to them, and made the same Answer.

John Baliol was absent, and upon his Ibm. John Baliol submitted as the other Competitors. Procter's Request, the Meeting was continued untill the next Day, the Third of June, to be in the Parish Church of Norham; When he gave the same An­swer A to the same Questions.

And they did not only make this Recognition publickly in this great Assembly; but they made the following Letters-Patents thereof to the King. Append. N. 11. The Instru­ment by which the Competitors made their Submission. To all those that shall see or hear this Letter. Flo­rence Earl of Holland, Robert de Brus Lord of Anandale, John Baliol Lord of Galloway, John Hastings Lord of Abergavenny, John Comyn Lord of Badenaugh, Patrick de Dunbar Earl of March, B John Vescy for his Father, Nicholas de Soules, and William de Ros, Greeting in the Lord: Whereas we intend to pursue our Right to the Kingdom of Scotland, and to Declare, Challenge, and A­verr the same, before him that hath most Power, Jurisdiction, and Reason to Try it; and the Noble Prince Edward, by the Grace of God King of England, having informed us by Good and sufficient Reasons, That to him belongs the Sovereign Seigneurie of the Kingdom of Scotland, and the Cognizance of Hearing, Trying, and Determining our Right. We C of our own Good Will, without all manner of Force, do Grant to Re­ceive right from him as Sovereign Lord of the Land; and we Will also and Promise, That we will have and hold firm and stable his Act, and he shall Enjoy the Realm, to whom it shall be adjudged before him: In Witness whereof we have set our Seals to this Writing, Made and Gran­ted at Norham the Tuesday after the Ascension, in the Year of Grace, 1291.

This done Rot. de Superioritate Regis Angliae in Regno Scotiae ut Supra. The Rights of the Preten­ders to the Crown of Scotland how to be tryed. The King and his Council treated with the Pre­lates, D Noblemen, and Competitors for the Crown of Scotland, how this Business might be best proceeded in; and also the Reformation of the State of the Nation. It was agreed by the Ʋnanimous Con­sent of the Noblemen and Prelates of both Nations, (Nemine Con­tradicente) That John Baliol and John Comyn should chuse Forty Persons, and Robert de Brus should chuse other Forty fit Persons, whose Names should be delivered to the King three Days after, viz. E on the Fifth of June, to whom he was to add Twenty Four, or more or less, who should Hear and Discuss the Rights of all the Pre­tenders, to make a Faithful Report thereof to him, That he might give the Definitive Sentence.

All this was done on the Second and Third of June; but be­cause by the Letters-Patents of Recognition, or Instrument above, he had not sufficient Power to put in Execution his Sentence to F whomsoever the Kingdom should be adjudged, unless he were in actual Possession thereof. Ibm. The Competitors came before him on the 4th of June, and very many of the Bishops, Earls, Barons, Knights, and Noblemen of both the Kingdoms, when he had Pos­session given him of the Kingdom and Castles of Scotland, by the Competitors, with the Consent of the Community of the same [Page 22] Kingdom, Nemine Contradicente, according to the following In­strument or Writing:

To all those who shall see or hear this present Letter, Ibm. The King had the Possession of Scotland given him, in order to the Declaring who had most Right, and putting him in Possession. We Flo­rence Earl of Holland, &c. as before, Greeting in GOD, Whereas we have Given and Granted with one assent of our own Good Will, without Force, to the Noble Lord Edward King of England, That he as Sovereign Lord of the Land of Scotland, should Judge, Try, and A Determine the Claims and Demands, we intend to propound, and aver for our Right in the Kingdom of Scotland, and to Receive Right be­fore him as Sovereign Lord of the Land, promising to have and hold his Act firm and stable; and that he should Enjoy the Kingdom, to whom he should give it; But for that the said King of England cannot make any manner of Cognisance or accomplish his Judgment, nor put his Judg­ment in Execution, nor the Execution take Effect without the Posses­ssion or Seisin of the same Land, or the Castles thereof, we Will, B Grant, and Assent, That he as Sovereign Lord, to perform the Things aforesaid, shall have Seisin of all the Land and Castles in Scotland, until Right be done to the Demandants, upon Condition, That before he be put in Possession he shall give sufficient Security to the Demandants, to the Guardians and Community of the Kingdom of Scotland, to Restore it, and the Castles, with all the Royalty, Dignity, Seigno­ries, Franchises, Customs, Rights, Laws, Ʋsages, and Possessions, and all manner of Appurtenances in the same State and Condition they C were when he received them, saving to the King of England the Homage of Him that shall be King: So as they may be Restored within two Months, after the Day the Right shall be Determined and Affirmed; and that the Profits of the Nation which shall be Received in the mean time, may be kept in the Hands of the Chamberlain of Scotland that now is, and one to be joined with him by the King of England, so as the Charge of the Government, Castles, and Offi­cers of the Realm might be deducted. In Witness whereof, we have D set our Seals to this Writing, Made and Granted at Norham, on Wednesday after Ascension, in the Year of Grace, 1291.

On the Fifth of June, Ibm. The Names of the Examiners of the Titles of the Com­petitors deli­vered to the King. the Names of the Eighty elected to Examine, Hear, and Report the Rights of the Competitors, were delivered to the King, on the Sixth they were ordered to appoint the Place and Day for their Examination, and Hearing the Petitions of the Demandants, (Petitiones Petentium) and E Discussing their Right; Ibm. Berwick the Place of Meet­ing for that Purpose. Berwick upon Tweed was appointed for the Place, which the King accepted; but not agreeing on the Time the King as Superior and Direct Lord of the Kingdom by the Unanimous Consent of the Prelates and Noblemen of both Kingdoms there present, appointed the Second of August a Peremptory Day for the Competitors to propound their Ti­tles.

On the 11th of June Ibm. The Guardi­ans of Scot­land deliver their Guar­dianships to the King, &c. the Bishops of St. Andrews and Glasco, F John Comyn Lord of Badenaugh, and James Seneschal or Stewart of Scotland, the then Guardians of the Kingdom, and all the Castel­lans, or Constables of Castles, delivered up their Guardianships and Bayliwicks to the King as Superior Lord, Suas Custodias, & B [...]l­livas Domino Regi, &c. reddiderunt; and when he had received [Page 23] them, he committed the Guardianship of the Kingdom to theHe makes the same Persons Guardians. same Persons, to Govern it under him, and in his Name; Ibm. and presently the Bishops and Noblemen of Scotland, by the King's Command, chose Alan Bishop of Cathnes their Chancel­lor, and presented him to the King, who allowed him, and ad­joined Walter of Agmundesham, his Clerk, to him, as an Associate; and on the next day they were both Sworn.

These things done, Ibm. Fealty Sworn by the Guar­dians, and Pretenders to the Crown. the Guardians, and Pretenders to the A Crown, and all and singular the Bishops, and other Ecclesiastick Pre­lates, Earls, Barons, Great▪ Men, and the Communities of Cities and Burghs there present, that were bound to do and Swear Fealty to the King, had notice to do it on the Morrow to the King of England, as Superior and Direct Lord of Scotland, in the same place where they were then assembled, in the Green Plain beyond the River Twede, in the Bounds of Scotland, Ibm. which B was done and Sworn accordingly, and then the King caused his Peace to be proclaimed publickly. From this 13th of June to the 3d or 4th of August, all the Bishops, Earls, Barons, Noblemen, And whole Kingdom of Scotland. Free-Tenents, or Tenents in Military Service, Communities, and all others that were bound to do and Swear Fealty to the King of Scotland, (Qui fidelitatem Domino Regi Scotiae facere tenebantur) were (to save Expences and Labour) Sworn by Commissioners in all parts of the Kingdom, and a very great number of their C Names Recorded in this Roll; and in every place, when they had Sworn, the King's Peace or Pardon was proclaimed. The Form for taking the Oaths and Fealties of Absents, was made by the Agreement and Express Consent of all the Bishops, Earls, Barons, and other Noblemen of Scotland there present.

While the King was thus employed in Deciding this Contro­versy, his Mother Queen Walsingh. f. 57 n. 40. Queen Elia­nor, Queen Edward's Mo­ther, dies. Elienor died about Midsummer, and D he returned into England to see her Interred, and the Funeral solemnized with all due Honour; When that was over, he re­turned toward Scotland.

And was at Berwick Rot. supe­ritatis Regis Angliae, &c. ut supra. The Compe­titors appear before the King. on the 3d of August, which day be­ing continued with the day preceding, according to his Assigna­tion, the Competitors appeared before him and his Council, in the Assembly of the Prelates and Noblemen of both Nations, and with E them the Twenty four English Auditors and Examiners of their Titles chosen by the King, and the Fourscore chosen by Robert de Brus, and John Baliol, and such others as would Consent to the Election made by them, to Discuss their particular Rights, and make Report thereof to the King.

There appeared no less then Twelve Demandants that put in their Pleas for the Crown of Scotland, all entred in this Roll, and F Petitioned to have the Kingdom delivered to them; besides, the King of Norwey, who by his Proctors and Messengers, demanded it, as Heir to his Daughter Margaret: Ibm. The Twelve Competitors Names. The others were Flo­rence Earl of Holland, Patrick de Dunbar Earl of March, William de Vescy, William de Ros, Robert de Pinkny, Nicholas de Soules, Pa­trick Galightly, Roger de Mundevill, John Comyn, John de Hastings, John de Balioli, and Robert de Brus.

[Page 24]The Petitions, Ibm. The Compe­titors Petiti­ons, with their Reasons, Reported to the King. with the Reasons of their Claims having been propounded and shewn to the Auditors, they Reported them to the King, before the Prelates and Noblemen of both Kingdoms, in the presence of all and every of the Demandants, and of the Publick Notary; The King assigned them by their own Consent, Monday next after the Feast of the Holy Trinity, which would be on the Second day of June, in the year 1292, for the further A Proceeding in this Controversy.

The King Ibm. being that day at Berwick upon Twede, and the Prelates and Noblemen of both Kingdoms there assembled, with the Auditors that had been Elected, and those appointed by the King to discuss and hear the Rights of the Parties claiming, after an Attentive Hearing came to the King and related what had been done; who with the Prelates and Noblemen of both Kingdoms B strictly Examined them, and For that he found there would be great delay, and much time spent, to the peril and danger of the Kingdom, it was ordered by the Express Consent of all Pretenders, and by the Assent of Prelates and Noblemen aforesaid, That the Rights and Titles of Robert de Brue, and John Baliol, shouldRobert de Brus, and John Ba­liol's Titles to be first Dis­cussed. be first Examined and Discussed, and that afterwards all others might prosecute their Claims, if they thought fit.

The King, Ibm. The Eighty Auditors Sworn to Ad­vise the King how to pro­ceed in this Judgment. tho he might have Judged the Case without C them, as Superior Lord of Scotland, yet that he might do it with more Security and Prudence, he caused the Eighty Auditors to take an Oath, that they would advise him how, and by what Laws and Customs he was to proceed to Judgment in this Case. These Eighty pretended great Difficulties, and desired the Twenty four English the King had appointed, might be added to them. These Twenty four pretended as great, or greater Difficulties; and there­fore D I dare not undertake the Charge, or Consult upon the Busi­ness before them, without the Advice of the Prelates, Noble, Great, They desire the Advice of the Prelates and Noble­men of Eng­land. and Wise-men of England, that were absent; wherefore by the unanimous Assent of all present, the King assigned the Morrow of the Feast of the Translation of St. Edward the Confessor, (that is the 14th of October) for the further Proceeding in this Business, in his Parlement in the same place, in Parliamento suo loco eodem.

At Ibm. The Prelates and Noble­men of both Kingdoms meet at Ber­wick. The King asked their further Ad­vice. How the Right of Suc­cession was to be determined in Scotland. that day the Prelates and Noblemen of both Kingdoms E appeared at Berwick, as also the Auditors; the King asked them as he had done before, by what Laws and Customs, Judgment was to be given in the present Case; and if there were found no Laws or Customs to proceed by, how it was to be given; and whe­ther otherwise concerning the Kingdom of Scotland, than con­cerning Earldoms, Baronies, and other Tenures. They all An­swered with one Voice, (Nemine Contradicente) That Judgment F was to be made by the Laws of the Kingdom, if any; If not, the King might and ought by Advice of his Prelates, Noble, and other Great Men of his Kingdom, make a new one. And that as to the Right of Succession in the Kingdom of Scotland, Judg­ment was to be given as concerning Earldoms, Baronies, and other individible or impartible Tenures.

[Page 25]The King having Received these Answers, Ibm. The Titles of Robert Brus and John Ba­liol Examined. he ordered the Auditors to Repair to the Church of the Friers Preachers in Berwick, and favourably to hear John de Baliol, and Robert de Brus, from day to day what they had to say or propound; Robert de Brus began first, shewing the Reasons and Arguments for his Claim, and then John Baliol set forth his, in a long Plea, and answered all what Robert de Brus had said. The Auditors Re­lated A what had been urged on both sides to the King; They both personally appeared before him, who asked them if they would speak any thing further; they answered, No; Whereupon the King openly and publickly before the Prelates, and Noblemen of both Kingdom, his whole Council, and the Auditors, asked what Advice they would give him; which of the two, according to what they had shewn, and set forth, had Right of Succession in the Kingdom of Scotland; and the force of all their Arguments on both B parts, was drawn into this Question.

An Ibm. The main Question be­tween them. remotior in uno Gradu in successione, exiens de primogeni­ta, debeat secundum leges, & consuetudines, utriusque Regni, excludere proximiorem in Gradu exeuntem de secundogenita? Vel proximior in Gradu exiens de secundogenita, debeat secundum leges & consuetudines ipsorum Regnorum excludere remotiorem in uno gradu exeuntem de primogenita? Ad quae unanimiter Responderunt, nidlo Reclamante vel C contradicente, Quod Remotior uno Gradu linealiter descendens de pri­mogenita, secundum leges & consuetudines utriusque regni praeferendus est proximiori in Gradu exeunti de secundogenita, in qualibet haeredita­ria successione. That is, Whether the more remote by one De­gree in Succession, coming from the Eldest Sister, ought, accord­ing to the Laws and Customs of both Kingdoms, to Exclude the nearer by a Degree coming from the Second Sister? Or, Whe­ther the nearer by a Degree coming from the Second Sister, ought D by the Laws and Customs of those Kingdoms, to Exclude the more remote by a Degree, coming from the Eldest Sister? To which they unanimously answered without a Negative, The more remote by one Degree lineally descending from the Eldest Sister, according to the Laws and Customs of both Kingdoms, is to be preferred to the nearer by one Degree coming from the Se­cond Sister, in every Hereditary Succession.

That the Reader may more clearly understand this Question and E Answer, it will be necessary to leave the Record a while, and set forth the Pedigree of both these Noble Persons. Henry Prince The Pedi­grees of Ro­bert Brus and John Baliol. of Scotland, Son to David I. who died before his Father, left Three Sons; VVilliam called the Lyon, Malcolm called the Maiden, (because never Married) and David Earl of Hunting­ton.

William the Lyon had Alexander the Second, his only Son and F Child; and he had Alexander the Third, his only Son and Child, who Married Margaret▪ Daughter to Henry the Third, King of England, and Sister to Edward the First; by her he had Two Sons, Alexander and David, who died without Issue, and one Daughter named Margaret, Married to Eric King of Norwey, by [Page 26] whom she had one only Daughter named also Margaret, and cal­led the Maid of Norwey, and was Queen of Scotland; who dying without Issue, (as was said before) the whole Line of VVilliam the Lyon failed, and the Crown reverted to David Earl of Huntington, Heir to Margaret.

David Earl of Huntington had Three Sons, Henry and Robert, who both died young, and Iohn, Surnamed Scot, Earl of Chester, A who died without Issue; and three Daughters, Margaret the Eldest Married to Alan Lord of Galloway, by him she had one only Daughter; Dergovilla, Married to Iohn Baliol, by whom she had Iohn Baliol, one of the Competitors for the Crown, in this Record so often mentioned.

His Second Daughter was Isabel, Married to Robert Bruce, by whom she had Robert her Son, the other of the Two Competitors B here also mentioned.

And Adama, a Third Daughter, Married to Henry Hastings, from whence the Earls of Huntington.

By this Pedegree it appears, That Robert Bruce, Son to Isabel the Second Sister, was a Degree nearer to his Mother, and so in a Collateral Line to the Crown, than Iohn Baliol, who was Grand­child C to Margaret the first begotten or Eldest Daughter, in a Di­rect or Right Line to the Crown; Which gives the meaning of the Question and Answer; The Ground of which was a Controverted The meaning of the forego­ing main Question. Point amongst the Feudists, Whether the next in Blood, tho of a Collateral Line (especially if a Male) should not succeed, before one more remote in the Right Line, some holding one way, some the other.

Upon the Answer above-mentioned, Rot. de su­perioritate Re­gis Angliae, &c. ut supra. The Titles of John de Baliol and Robert de Brus Re-exa­mined. as 'tis in the Record, D the King caused the Matter to be exactly Re-examined before the Prelates and Noblemen of both Kingdoms, and Assigned to Robert de Brus and John de Baliol the 6th day of November, to hear their Sentence; Which was pronounced by the King Judicially, by the Advice of the Noblemen and Prelates of both Kingdoms, the Auditors aforesaid, and others of the Council. That Robert by his Petition should receive nothing concerning the Kingdom of E Scotland; Quod praedictus Robertus per Petitionem praedictam nihil ca­piat de Regno Scotiae. And as to John Baliol, there could nothingRobert de Brus Excluded. be done upon his Petition until the other Competitors were heard. When the King commanded John Baliol, the other De­mandants and the Auditors, to go to the same place for the dis­patch of their Petitions. Amongst whom Robert de Brus per­sonally appeared, and protested he would prosecute his ClaimJohn Baliol's Sentence de­ferred. to the Kingdom of Scotland, or a Third Part of it, after another F Form and Manner then he had done before.

Then also came Ibm. John Hastings pretended the Kingdom of Scotland to be Partible, and claimed a Third Part. John Hastings, Son to Henry Hastings, and claimed his Third part of the Kingdom of Scotland as of a Par­tible Inheritance; because, as he said, the Right of the Inheritance descended to Margaret, Isabel, and Adama, Daughters of David [Page 27] Earl of Hurtington, as to one Heir, and from them it ought to descend to John Baliol, Robert de Brus, and John Hastings, as Heirs, to the said Margaret, Isabel, and Adam; and gave this Reason, because all the Lands, Tenements, Fees, Liberties, Demeasns, His Reasons why it was a Partible Inhe­ritance. and Honours that were holden of the Crown of England in Capite, were Partible. Then that the Homage and Service due from the King of Scotland to the King and Crown of England, shew it to be under the Common Law, and so Partible. A

Robert Brus Ibm. Robert Bruce made the same Claim, and used the same Reasons. his Arguments and Reasons were the same; And he said further, he claimed to hold his Third Part in Capite, of his Lord the King of England, Superior Lord of Scotland, by Homage; and Requests of his said Lord, he may receive Ju­stice according to the Common Law of England.

And altho their Ibm. The King's great Care be­fore he gave Sentence. Arguments and Reasons had been suffi­ciently B answered in the Defence of John Baliol before the Audi­tors, and related to the King, yet willing to deliberate with his Council, and the Auditors, upon these things, he Inquired of them, Whether the Kingdom of Scotland was Partible, who all answered it was not; Upon which Answer, the King appointed Monday next after the Feast of St. Martin as a peremptory day, for all the Competitors to hear their Judgments, in his Parlement at Ber­wick, intending in the mean time to Deliberate and Examine C things with Knowing Men of Both Kingdoms, the Auditors, and others of his Council, that he might be fully informed what with Justice ought to be done.

On the 7th Ibm. A. D. 1292. 20th of Edw. the First. of November 1292, which was the Monday after the Feast aforesaid, the Nobles and Prelates of both King­doms, the Auditors, other great Men, and a great Multitude of the Populacy, in the Hall of the Castle of Berwick, the Publick D Notary, who signed these Acts of Court, with other Witnesses, Congregatis coram Edwardo Rege Angliae, superiori & Domino Regni Scotiae, in Aula Castri de Berewico super Twedam, utriusque Regni No­bilibus & Praelatis, ac Auditoribus memoratis, aliis Magnatibus, & Popularibus in Multitudine copiosa, praesente ibidem me Notario infra­scripto, cum Testibus subscriptis, &c. The Competitors claiming the Kingdom, having had notice and summons to be there, viz. Judgment given against Eight of the Competitors. Eric King of Norwey, Florence Earl of Holland, William de Vescy, E Patric Earl of March, William de Ros, Robert de Pinkny, Nicholas de Soules, and Patrick Galightly, not having appeared, but with­drawing themselves, as not having prosecuted their Petitions, it was adjudged, and Iudicially pronounced by the King, with the Consent of the Noblemen and Prelates of Both Kingdoms, That they should obtain nothing by their Petitions; Consideratum est per idem Dominum Regem, & judicialiter pronunciatum, de con­sensu utriusque Regni Nobilium & Praelatorum quod per Petitiones suas F nihil consequantur.

And because Ibm. And against Two others. John Comyn, and Roger de Mundevile, did not prosecute their Petitions, they had the same Judgment.

[Page 28]But as to the last Ibm. Petition of Robert de Brus, whereby he claimed the Third part of the Kingdom for his Share, as of a Partible Inheritance, because it appeared by his first Petition be­fore the King, That he demanded the whole Kingdom of Scotland, he thereby acknowledged and granted, That the Kingdom was Im­partible, and one intire Inheritance. Which Recognition and Con­cession he could not then deny; and for that it had been agreed A and adjudged by the Prelates, Earls, Barons, Noble and Great Men, and the whole Council of both Kingdoms, That the Kingdom ought to be possessed by one Heir only, because of its own Nature it was impartible, as other Kingdoms, therefore it was Adjudged and Iudicially Declared by the King, That he should gain no­thing by what was said in his Petition. Et quia per Praelatos, Co­mites, Barones, Proceres, & Magnates, totumque Consilium utriusque Robert de Brus his Second Petition cast out. Regni concordatum est & consideratum, quod praedictum Regnum uni B haeredi debeat remanere, pro eo quod de sui natura est impartibile, sicut & alia Regna. Idciro per eundum Dominum Regem consideratum est & judicialiter pronunciatum, quod dictus Robertus ex his quae in dicta sua Petitione continentur, nihil consequatur omnino.

The same Ibm. John Hastings his Petition not allowed. Judgment had John Hastings, and for the same Reasons, That he should get nothing by his Petition, Quod nihil capiat per Petitionem suam. C

As to the Petition of Ibm. The Reasons why the King­dom of Scot­land was ad­judged to John Baliol. John Baliol, who demanded the whole Kingdom as his Right, the King caused it again to be Examined many days by the Council of both Kingdoms, and after a full Discussion, it was found, adjudged, and agreed, by all the Noble­men, Prelates, Auditors, and Wisemen, of both Nations, (Comper­tum fuit manifestè, & per omnes utriusque Regni Nobiles, Prelatos, Auditores, & Sapientes Consideratum & Concordatum est, &c.) D That the Kingdom of Scotland was impartible, and ought to re­main to one Heir, and because the King was Judge of the Right of his Subjects, by the Laws and Customs of the Kingdoms, which was approved, agreed, and affirmed by all the Noblemen and Pre­lates of both Kingdoms, (Quod ab omnibus Regni utriusque Nobili­bus & Prelatis est approbatum, concordatum & dictum,) And by the same Laws and Customs, in the Case before them, it was Agreed and Iudicially Declared, That the more remote by Descent in the E first Line, was to be preferred to a nearer in the second Line, in the succession of an impartible Inheritance. And also, That none of the Competitors denied him to be Heir of the first Line, and therefore was to be preferred before all others as next Heir to the Kingdom of Scotland by Hereditary Succession. And therefore the King of England, as Superior and Direct Lord of Scotland, Ad­judged, (consideravit) That the said Iohn Baliol, should Recover and have Seisin of that Kingdom, with all its Appurtenances accord­ing F to the Form of his Petition, upon Condition, That he should rightly and justly Govern the People subject to him, that none might have occasion to Complain for want of Justice, nor the King as Superior Lord of that Kingdom, upon the Suit of the Parties, to interpose his Authority and Direction. The Right of the King [Page 29] of England and his Heirs always Reserved in such Cases, when he would make use of it.

And accordingly Ibm. & Append. n. 13. King Edw. di­rects his Writ to the Guar­dians of Scot­land, to give John Baliol possession of the Kingdom. King Edward gave him his Writ of Seisin for the Kingdom of Scotland, directed to William and Robert Bishops of St. Andrews and Glasco, John Comyn, James Seneschal or Stewart of Scotland, and Brian Fitz Alan his Guardians of the Kingdom of Scotland, to deliver him seisin thereof, with its Per­tinencies, A saving the Right of him, and his Heirs, dated at Ber­wick the 19th of November, in the 20th year of his Reign, Anno Regni nostri vicesimo; Which was a mistake of the Clerk, it should have been the 21st, he beginning his Reign November the 16th.

With this Rot. Scotiae, 20 & 21 Ed. I. M. 7. This is the same Roll De supe­rioritat. &c. there were also Writs of the same Date directed to the several Castellans, and Governors of Castles in Scotland, to B give him possession of them.

The next Ibm. Rot. superioritat. &c., He Swears Fealty to K. Edward. day, being the 20th of November, A. D. 1292, and in the year of the Reign of King Edward, ending the 20th, and beginning the 21st, (Et Anno Regni Regis Angliae Edwardi vicesimo siniente, & vicesimo primo incipiente) at Norham, he sware fealty to him, as his Liege and Superior Lord of the Kingdom of Scotland. In Testimony whereof he made to King Edward his C Letters Patents of the same Date. His Oath of Fealty, and these Letters Patents are to be found both in Latin and French in this Record.

Afterwards he was put into [2] Corporal possession of the King­domAnd was placed in his Throne at the Monastery of Scone. at the Monastery of Scone near St. Johnstown or Perth, and placed in his Royal Seat according to the Custom of Scotland. Duncan Earl of Fife ought to have placed him in his Throne, but D being under Age John St. John was deputed by King Edward, Rot. Scot. ut supra, M. 33. The same Roll. in Nova Creatione Regis, to do it for him.

On St. Stephens-Day, A. D. 1293, and the 21st of King Ed­ward's Reign, Rot. supe­rioritat. &c. ut supra. The same Roll. A. D. 1293. 21 Ed. I. Anno a Nativitate Domini 1293, incipiente, Die Festi Stephani protomartyris, Anno Regni Regis Angliae vicesimo primo, ipso apud Novum Castrum super Tinam Existente, &c. He did Ho­mage to him at Newcastle in this Form in French; Ibm. The Form of John Baliol's Homage. My Lord E Edward, King of England, Superior Lord of the Kingdom of Scot­land, I, John King of Scotland, become your Liege-man (or Vassal) for the whole Kingdom of Scotland, with its Pertinencies, and all what belongs to it; which Kingdom, I claim and hold, and ought of right to hold for me and my Heirs Kings of Scotland, Hereditarily of you and your Heirs Kings of England, and shall bear Faith to you and your Heirs Kings of England, of Life and Limb, and Te­nent Honor, against all Men that may live and die; And of this F Homage he made his Letters Patents of the same Date, Witnessed by Sixteen Bishops, Judges, and the greatest Men of England, and Twenty of the same Quality of Scotland, who at his Request put to their Seals.

[Page 30]Within four Ibm. days after Homage done in this manner to King Edward, on the last of December, upon a Complaint made to him by Roger Bartholomew, Burgess of Berwick, against some of his Auditors, or Judges, by him deputed in Scotland. He presently appointed his Justices there present Auditors of the Complaint. Justiciarios ibidem praesentes hujusmodi Querelae constituit Auditores, (whereof Roger Brabazon, Chief Justice of the King's-Bench, A was one) strictly commanding them they should do quick Justice according to the Laws and Customs of his Kingdom; before whom, and others of the King's Council, there was a Petition Exhibited A Petition exhibited, that King Edw. would observe his Promises. on behalf of the King of Scotland, and by his Advice and Di­rection, by William Bishop of St. Andrews, John Earl of Boghan, Patrick de Graham, Thomas Randolph, and other Great Men of Scot­land. That whereas the King of England, and Superior Lord of Scotland, had lately In the 18th of his Reign, in the Treaty of Marriage between his Son Edward, and the Maid of Norwey Queen of Scotland. promised to the Noblemen and Prelates of B that Kingdom, That he would observe the Laws and Customs there­of, and that Pleas of things done there might not be drawn out of it. They beseeched the King of England, and his Council there present, in the Name of the King of Scotland, That he would please to observe his Promise, and Command his Officers firmly to do the same.

Roger Brabazon Ibm. The Petition answered. answered this Petition, Quod dicta petitio C videbatur frustratoria, &c. That it seemed idle and not to the pur­pose, for that it was manifest, and ought to be so to all the Noble­men and Prelates of the Kingdom, That the King had performed all his Promises, and not acted contrary to any of them; and as to the Complaints concerning his Judges and Officers, lately deputed by him as Superior and Direct Lord of that Kingdom, who then did Represent his Person, the Cognisance of Complaints concerning them belonged only to him, and no other, and he had especially reserved it D to himself; and also, that because in Judgments of the very Superior Lord, or of those that Represented his Person, no Subjects could pre­tend to it; and further said, That if the King of England had made any Temporary Promises when there was no King in Scotland, he had performed them, and that by such Promises he would not now be restrained or bound.

And the King of England made Protestation Ibm. The King's Protestation concerning the Petition and his Pro­mises. before all the E Noblemen and Prelates of both Kingdoms, then present, That not­withstanding his Temporary Promises and Concessions, he did not take himself to be bound, his Protestations otherwise publickly made, remaining in force, and that he intended, and would ad­mit, and hear all Complainants whatsoever, and all other Business touching the Kingdom of Scotland, and its Inhabitants, by reason of his Superiority and Direct Dominion which he had, and of right ought to have, in that Kingdom, as his Progenitors in their times had, F if they Lawfully, and for Just Causes came before him; and upon those Complaints every where, and at all times, if he pleased, to do them Justice; and to Ʋse and Exercise his Superiority, and Direct Dominion, and to call the King of Scotland himself, if it were ne­cessary, and the Quality of the Cause required it, to appear before him in his Kingdom of England.

[Page 31]Upon this Ibm. John King of Scotland, &c. acquaints K. Edward of all his Promises, &c. Resolution of King Edward, and the Answer of the Justices to the Petition, John King of Scotland acquitted him of all Promises, Bargains, Agreements, and Obligations he had made to the Guardians and others of the Kingdom, Custodibus & Probis homi­nibus Regni, while by reason of the Superiority of his Dominion, he held the Kingdom of Scotland in his hands, until he had done Justice to such as Demanded the Kingdom, and especially the Grant and Instrument made at Northampton, the 28th Day of Au­gust A And Confes­seth they had been perform­ed. in the 18th Year of his Reign, in which the Promises and Grants set forth in the Petition were contained. With Confession that they had been all performed, when he had adjudged and fully Delivered the Kingdom to him, Ibm. which Release or Acquittance was Scaled with his own Seal, and confirmed with the Seals of the Bishops, Earls, Barons, and other Noblemen of his Kingdom; and Dated the Second of January 1293. in the Twenty First year of King Edward's Reign, and the First of King John of Scotland. B

Within a short time after this Protestation, and Release, there happened a great Case in Scotland, which was brought by way of Appeal unto King Edward, by Ibm. The E. of Fife Appeals the K. of Scotland, before the K. of England. Magdulph Earl of Fife, against John King of Scotland. To whom he Directed his Writ to appear Ryley Pla­cita Parl. f. 154. 155. He appears not, and a Se­cond Writ is directed to him. before him on the Morrow of Holy Trinity, where-ever he should be in England, to answer what Magdulph had to say against him: But then not appearing, the King directed another Writ to C Summon him to appear before him Fifteen Days after Michaelmas, to answer as before. Ibm. f. 157. The E. of Fife's Complaint. The Earl of Fife's Complaint was, That when King Edward was last at Berwick, he commanded William Bishop of St. Andrews, and his Fellow Guardians of the Kingdom of Scotland, That they should do Right to Magdulph concerning his Lands and Tenements of Rerys and Crey, of which he had been Disseised by the said Bishop as Guardian of Fife, Tunc Custodem Co­mitatus de Fife. Of which according to the Precept he had reco­vered D Seisin by the Jugment of the Guardians: When John King of Scotland disseised him again of the same Lands and Tenements; and that he might not further prosecute his Right, imprison'd him, and caused an unjust Judgment to be given against him, in Con­tempt of the King of England and Superior Lord of Scotland, and to his own great Damage.

The King of Scots Ibm. f. 158. The King of Scots appears. appeared before the King and his Council E in his Parliament after Michaelmas, and denied all Contempt of the Lord his King, and said he had not Day to Answer the said Mag­dulph; who Replied, He had that very Day appointed him to Answer, by the King's Ibm. fol. 154, 155. the Writ it self. The Particu­lars of the Pleadings on both sides. Writ delivered to him by the Sheriff of Northumberland at Strivelin, on the morrow after St. Peter, in Bonds (that is the 2d of August) which sufficiently appeared by the Return of the Sheriff; and the King of Scots being asked, whether he had the Writ delivered to him by the Sheriff, con­fessed F it, and was then urged to answer Ibm. f 158. when, He said he was King of Scotland, and that he dare not Answer to Magdulph's Com­plaint, or any thing that concerned his Kingdom, without the Advice of his Subjects, sine Consilio These Probi homines could not be the Common or Ordinary Peo­ple. proborum hominum Regni sui; and Magdulph demanded Judgment against him as saying nothing. Ibm. f. 159. Then he was told by the King he was his Liege-Man, and [Page 32] did unto him Homage and Fealty for the Kingdom of Scotland, and was ordered to come thither to answer, or say why he would not or ought not to answer before him; and he said as before,The K. of Scots dare not An­swer without advice of his People. That he Could not, nor Dare answer to any thing that concerned his Kingdom, without consulting his People, inconsultis probis ho­minibus Regni sui. Ʋpon this he was told he might require another Day, he answered, He would require none. It was then agreed, That the Principal Plea belonged to the King, and that he made A no Defence against Magdulph; Ibm. and because he would not re­quire Day, or shew Cause why he ought not to Answer, in Elu­sion of the King's Jurisdiction and Superiority, it was Judged a Contempt and Disobedience to him; and that Three of his Princi­pal Castles of Scotland should be Seized into his Hands, and so re­main till he had given Satisfaction for his Contempt and Disobedi­ence. But before the Pronounciation of the Sentence, he came before the King and his Council, and made Supplication to the King B with his own Mouth, ore suo proprio, and Delivered it unto him with his own hand in Writing, in Ibm. f. 159, 160. He Petitions K. Edward for leave to advise with them, and for longer time. French, to this purpose. Sire jeo suy vostre home du Royalme de Escoce, &c. Sir, I am your Man of the Realm of Scotland, and pray you for what I am come hither, for which concerns the People of my Kingdom, as well as my self, That you would forbear me while I speak with them, that I may not be surprized for want of Advice, for that those that are with me, will not, nor ought to advise me without others of the Realm; and when I C have advice from them, I will answer at your first Parlement after Easter, and will behave my self towards you as I ought to do. The King advising hereupon at the Instance of the Great Men of his Coun­cil, and with the Consent of Magdulph granted his Prayer, and gave King Edward grants his Re­quest. him Day until his Parlement after Easter, on the Morrow of the Holy Trinity. This is what is to be found in Ryley's Parliament Pleas, about this Case; and now we return to the Record again. D

Which Rot. de Su­perioritate Re­gis Angliae, &c. ut supra. The K. at War with France and Wales. Parlement at St. Edmunds-Bury. A. D. 1295. 23 Ed. 1. tells us, That on that Day the Parlement ceased, or was not holden, (Parliamentum cessavit, sive non tenebatur) for that the King was Engaged in War lately raised against him in divers Countreys, as with the King of France in Gascony, and with the Welsh in Wales. Yet the suit between the King of Scots and Mag­dulph, which had begun before the Justices of the King's-Bench in Parlement, was Continued and Prorogued, (Loquela, &c. Continu­ata fuit & Prorogata.) To the Parlement next to be holden, which E was afterwards Summoned to be at St. Edmunds-Bury, on the Feast of St. Martin in Winter, (that is November 11.) which was in the 23d Year of King Edward, and in the Year from the The Publick Notary that Drew up this Record, al­ways begins the Year at Christmas. Nati­vity of the Lord, 1295.

The King of England Ibm. Magdulph pro­secutes his Plea in that Parlement. The King of Scots appears not, but sends his Excuse. was at St. Edmunds-Bury that day, and there held his Parlement, where Magdulph strenuously prosecuted his Plea. But the King of Scots instead of appearing in Person, F sent the Abbot of Abirbrothok with other Noblemen of that King­dom, to King Edward, with Letters, to Excuse him that neither then or before he appeared in his Court in the Parliaments by passed, at the Day given, or appointed him. Quod nec tunc, nec prius juxta quod Diem habuerat, ad Curiam suam, in praeteritis Par­liamentis, accesserat Excusavit, pretending certain Causes of Excuse that he could not come in his own Person.

[Page 33]This Abbot Ibm. The Abbot and others that came to Excuse the K of Scots, De­mand Satisfa­ction for In­juries done them. The Answer to their De­mands. and those that came with him, brought not only an Excuse, but a Quarrel, and Demanded of King Edward Satis­faction for many and great Injuries, Oppressions, and Grievances, sustained by the Scots from his Subjects. To whom after delibe­ration, this Answer was given, That the King of England for cer­tain Causes was coming toward the North parts, and that the King of Scots should then have sufficient Recompence to his own Content, A for all Injuries could be proved done to the Scots, by his Subjects of England; and then appointed him a Day in the same Parlement, by the Continuation and Prorogation of the Justices representing his Person, against Magdulph, the First Day of March next fol­lowingThe King of Scots summon­ed to appear at a Parle­ment at New­castle. at Newcastle upon Tyne. Then expecting his being there, enjoyn the Abbot, and those with him, to give Notice to their King he should then Personally appear, to Treat with the King of England about the Premisses, and other Things touching the B State and Tranquility of both Kingdoms, and their Inhabitants.

While the King was intent upon this Business, Ibm. The King of Scots Confede­rates with the K. of France. he had cer­tain Information, That the King of Scots, with his Prelates, Earls, Barons, and other Noblemen, Communities of Cities, and Towns, and others of the Chief Inhabitants of the Kingdom, had made a Confe­deracy and League with the King of France against him, Sealed with both their Seals, and Counter-changed. Ibm. For Dispatch C whereof, the King of Scots at the Instance of his Bishops, Earls, &c. sent four Procurators or Commissioners, William, Bishop of St. An­drews; Matthew, Bishop of Dunkeld, John de Soules, and Ingram de Ʋmfreville, the Sum of the League was,

• First, That, Edward King John's Son, should Marry the Daughter
  The Articles of the Confe­deracy.
  of Charles of Valois, Earl of Anjou, the King of France his Brother. D
• Secondly, That the King of Scotland in the present War, should assist the King of France, against the King of England, and all Con­federates as well by Sea as Land, against the Emperor of Germany, and others.
• Thirdly, That he should at his own Charges make War against the King of England, when he was Employed in, or Diverted by War in other Places. E
• Fourthly, That as well the Earls,
  Ibm.
  Barons, Prelates, and other Noblemen, as far as of right they might, and also the Communities of ths Kingdom of Scotland, should as soon as they could, send him their Letters-Patents, under their Seals, of their Consent to these Things.
• Fifthly, That if the King of England Invaded Scotland, the King of France was to make War upon him in other Parts, to divert him, F or if required, to send Forces into Scotland at his own Charges until they came there.
• Sixthly, That if the King of England went out of his Kingdom, or sent many Forces abroad, the Commissioners promised, that especially in this Case, the King of Scotland should enter England with his [Page 34] whole Power, as far as he could, making War in the Field, besieging Towns, wasting the Countries, and by all possible ways Destroying England.
• Sevently, That they should not make Peace on either side, without the Consent of the other.

The League it self, and the Procuratory-Letters are to be found A in this Record, and in Hen. de Knighton Col. 2473.

Toward the Ibm. King Edward goes to New­castle. time appointed, the King of England prepared for his Journey to Newcastle, and sent before him the Abbots of New­minster and Wellebeck to the King of Scots, to give him notice of the Adjornment, and time of his coming, by whom he also Demanded certain Castles in the Marches to be Delivered to him, for his own and Subjects security, from the present Dangers, which when past, B he should Receive again; and that he might so Receive them, without Difficulty, he sent by the Abbots his Obligatory-Letters for the Performance of his Promise.

On the First of Ibm. The King of Scots came not. March 1296, and the 24th of his Reign, the King was at Newcastle and staid there many Days, Expecting the King of Scots, he came not; the King of England moved nearer Scotland, to Banburgh and War, where he also Summoned and Ex­pected C him for some time, yet he neither came, nor sent to Excuse himself; but Returned the Homage and Fealty for himself, and all others of the Kingdom, to King Edward, and Defied him, by theAfter a second Summons he Defies him. Following Instrument or Writing.

[Page 35] Ibm. Knighton says this Letter was without Date; [2] Walsing­ham [1] Ib. 2. f. 66▪ n. 20. says it was sent about the beginning of April, when the Guardian, and Lector of the Frior Minors of Roxburgh, brought it to the King. Before this Restitution of Homage and Fealty, the Scots sent Knighton, ut supra, col. 2477. n. 20. to Rome, to have Absolution from their Oaths and Homage; and upon false Suggestions made to Pope Celestin, they were absolved by his Bull. Deinde Scoti miserunt ad Curiam A Romanam, pro absolutione habendâ de Juramento suo praestito Regi Angliae, & de Homagio suo illi facto, & per falsam suggestionem factam Celestino Papae, sunt absoluti per Bullam Papalem.

This is a true Abstract of the In fine Ro­tuli. Vide Rot. Scotiae 19 Ed 1. usaque 24. and with Cham­berlains of the Exche­quer in the 3d Treasury at Westminster, in a long Painted Box, in a great Wooden Chest the O­riginal. Roll or Record of the Supe­riority of the Kings of England over the Kingdom of Scotland, and of the Homages, and Fealties of the King and Kingdom of Scotland in the 19th, 20th, 21st, 22d, 23d, of Edward the First, B A. D. 1291, 1292, 1293, 1294, 1295, containing 34 Membranes or Skins of Parchment drawn up by Andrew, sometimes Clerk to William de Tang, and Publick Notary by the Popes Authority, who was present with the Witnesses to every Act, (who were the best Men of both Kingdoms) heard, and saw the things done, and signed every Membrane, with his usual Mark or Sign; now remaining in the Tower of London, and Printed at large from the Roll, in Mr. Pryn's Second Volume of the History of C King John, Henry III. and Edward I. Not known to any of our Historians, and therefore the Truth of these Transactions not understood, which makes a considerable part of the History of his Reign. And this Record doth convince Buchanan of Partia­lity and Falshood, of what he hath written in the latter end of his Seventh, and beginning or most part of his Eighth Book of the History of Scotland, and likewise Arch-Bishop Spotswood, and Sir Richard Baker, of great Errors and Mistakes in following D him.

The Scots pursue their Designs of Knighton, col. 2478. n. 10, 20. The English commanded to quit Scot­land. freeing themselves from subjection to the English, and Command, That all the English that had Lands and Possessions in Scotland, should without delay quit the Nation, or come forth with all the Strength they had to De­fend it against the English. E

The King again Ib. col. 2478. n. 20. The King a­gain summons the King of Scots. He and they deny Subje­ction, pre­tending the Pope's Abso­lution. summoned the King of Scots to come to him, and with Force to assist him according to his Oath: The Scots answered unanimously, That neither they nor their King was any ways bound to him, or to obey his Commands, because they were absolved by Pope Celestin from their Oath, and from all Subjection he had extorted from them.

From Restitution of Homage and Fealty, and Defiance, they pro­ceed F to Arms, Walsingh. f. 66. n. 50. Mat Westm. f. 427. n. 40. The Scots Arm, &c. enter England, Plunder, Burn, Wast, Kill, and Destroy where-ever they come.

To obviate these Insolencies, and Chastise them according to their Deserts, King Edward entered Knighton, col. 4280, 4281. A. D. 1296. King Edward enters Scot­land. Scotland on Wednesday in Easter-week, besieged and took Berwick Castle with a great Slaugh­ter [Page 36] of the Scots; From thence he sent part of his Army to Re­duce the Castle of Dunbar lately Revolted, which was done, by the Death and Destruction of a great many Scots; Ten thousand, says my Author, Seven Barons, an Hundred Knights, and Thirty one Esquires, were taken in the Castle; The Scots Army coming to Relieve it, Twenty two thousand of them were slain. FromBeats the Scots. thence King Edward marched to Edinburgh, which Castle he took in Eight days; From thence he marched to Sterlin, where the Earl A of Ʋlster came to him out of Ireland with a great Body of Men; and hither the King of Scots, and many of his great Men, sent to beg his Mercy; Ibm. They Beg, and submit to Mercy. King Edward appointed them to meet him at Brechin some few days after, where they submitted to his Mercy and Favour, without making any Terms, or Conditions whatever.

This Acknowledgment is also Recorded in the Roll of the Oaths of Homage and Fealty of the Scots a second time, made on several days, and in several places, Rot. Scot. 24, &c. Ed. 1. Peceia 8. He renoun­ceth all Con­federacies a­gainst King Edward, and rendered to him his King­dom, and all Homages and other Rights of that and his People, &c. where he Renounceth all Confederacies, and unlawful Contracts, made in the Name of himself, his Son, and the Inhabitants of Scotland, against his due Homage and Fealty, he had done to the King of England for his own Kingdom. And further rendred to him his Kingdom, and all F Homages, and all other his Rights, with their Pertinencies, suamque Regiam Dignitatem, necnon omnes Terras & Possessiones, &c. and his Royal Dignity, and also his Lands and Possessions, with all his Goods moveable and immoveable, gratanti animo & spontanea vo­luntate, purè & absolutè, with a Gratefull Mind, and free Will, purely and absolutely, into the Hands of Antony Bishop of Du­resm, [Page 37] receiving them in the place, and Name of the King, Vice & nomine Regis Angliae Recipientis. These things were done at Brechin the same day, before a Publick Notary, whom he com­manded to publish, and make an Instrument of them, in perpetuam rei memoriam. The Bishop of Duresm, John Comyn of Badenaugh the Elder, Bryan Fitz-Alan, Knights, and Alexander Kenedy, Clerk, Chancellor to the King of Scotland, being specially called as Wit­nesses. A

The Submission of James Stewart of Scotland is first Recorded in this Rot. Scot. 24, 25, 26 Ed. 1. Peceia prima. Append. n▪ 14. The Submis­sion and Re­nunciation of James Stewart of Scotland. Roll, which was, That neither by force or fear, but on his own free Will, as he said, he came to the Faith and Will of the King of England, and renounced for him and his Heirs, all Confederacies, Contracts, and Agreements whatsoever made in his Name with the King of France, or his Adherents, against his Lord the King of England, if any such were freely, purely, and B absolutely, spontè, purè, & absolutè; and then took his Oath of Fealty in the Form following, and made thereof, and sealed his Letters Patents.

All the Bishops, and other Ecclesiastick Prelates, Abbats, andThe same Submission and Renun­ciation of the whole King­dom of Scot­land. Convents, Priors, Friers, Parsons, Vicars, Abbesses, Nuns, Earls, Barons, Knights, Citizens, Burgesses, Aldermen, Communalties of E Cities, and Burghs, and other Commoners, or Inhabitants in Scot­land, Recorded and Named in four Rot. Scot. 24. Ed. 1. A. D. 1294. 24. Ed. 1. large Rolls in the Tower of London with this Title, De Juramentis homagii & fidelitatis Edwardo Regi Angliae nominatim praestitis, per unamquamque indivi­duam personam Regni Scotiae; Of the Oaths of Homage and Fealty made to Edward King of England, by every individual Person of the Kingdom of Scotland by Name) made the same Submission▪ Renuntiation, and Oath, at several Places, and several Times, and F made their Letters Patents of it, especially in the Parlement holden Ib. Pecia, 20, 21, &c. Append. n. 15. at Berwick on the Octaves of the Assumption of the Virgin Mary, or 22d of August, in the year from the Nativity of our Lord 1296, by the Consent of the Noblemen and Prelates of both Kingdoms. These Rolls were not delivered unto the Kings Keeper of his Rolls, Claus. 34. Ed. 1. Dors. 91 until the 34th of his Reign; and they [Page 38] were drawn up by the same Notary, Andrew before-mentioned, who was present, heard, and saw what was done, as 'tis Re­corded at the end of the Roll, Pecia 35; And the same Instru­ment of Homage and Fealty with the Chamberlains of the Ex­chequer in the 3d Treasury at Westminster, with other Things and Instruments in small Boxes in great Wooden Chests.

This done, Walsingh. f. 68. n. 10. & n. 30, 40. King Edward appoints a Governor of Scotland, and other Officers there. He sends John Baliol to the Tower, &c. King Edward caused the Stone used by the A Kings of Scotland as a Throne, to be brought to Westminster, appointed John Warren Earl of Surrey and Sussex, Governor of Scotland, Hugh de Cressingham Treasurer, and William Ormesby Ju­stitiary, sent King John Baliol to the Tower of London, where he was decently attended; and the Noblemen of Scotland, which he brought into England, were forbidden to pass the River Trent un­der forfeiture of their Heads. B

From Scotland we are to return to England and France, where we find the Peace between them, which had continued for some time, broken: The Quarrel at first began between the Mat. West. f. 419, 420, 421, &c. Walsingham, f. 57. n. 50. &c. A. D. 1291, 1292, 1293, 1294, &c. Peace broken between France and England. English and French Seamen, who plundered one anothers Ships, and seised them where-ever they met at Sea, or in Harbour; from single Ships, they brought Fleet against Fleet, each side complained to their Kings, and Satisfaction was demanded on both sides; Seve­ral Endeavours were used to Compose these Differences, the Two C Queens of France, Consort and Dowager, mediated a Peace, and were forward in it.

The Pope sent Two Cardinals to the Two Kings to the same pur­pose, divers Means were contrived for Satisfaction on both parts, but none took effect; The King of England offered an Interview, or a Reference to Commissioners to end all Controversies, and adjust the Losses and Damages of the Subjects of both Nations, D but neither was accepted; The King of France charged him, ThatThe Charge against King Edward. his Subjects and Merchants were Robbed, spoiled of their Goods, and imprisoned by his Consent, and also with Contempt and Rebellion, in denying his Superiority and Dominion in Aquitain; For which he peremptorily Mat. West. f. 419. n. 40. the Writ or Citation it self, which is very long. He is Cited to appear at Paris. And upon non-appear­ance adjudged to have for­feited his Lands in France. cited him to appear at Paris Twenty days after Christmas-Day, to answer what should be objected against him, to stand to the Law, and hear Judgment: King Edward neglected the Citation or Summons, and was by the Ʋniversal Sentence of the Peers E adjudged to have forfeited all his Lands in France, and the Constable was sent with an Army to take possession of that Dukedom.

Upon this seising of Gascony, King Edward Ib. f. 421. n. 20. A. D. 1294. 22 Ed. I. called a Parle­ment after Whitsunday next following, in which it was Resolved to Recover Aquitain or Gascony by Force and Arms; whereupon Ib. n. 50. he sent the Arch-Bishop of Dublin, and the Bishop of Durham, with other Great Men, to the Emperor of Germany, (called then F King of Almain) to make an Alliance with him against France, and for 100000 l. Sterling paid unto him, (a good Sum in those days) the King and Emperor became acquainted, who were scarce known to one another before; all Difficulties between them were overcome, and great Things were expected from this Alliance. The King intending to pass into France with an Army, was de­tained [Page 39] at Portsmouth by Ibm. f. 422. n. 10. contrary Winds from Midsummer-day, to the Exaltation of Holy Cross (i. e. the 14th of September.) On the Vigil of St. Mathew the Apostle, he called another Ib. f. 422. n. 30. Par­lement, (or happily this might be the same) wherein to support the War the Clergy granted a Moyety of their Benefices and Goods, at three Payments, whereof the first to be at the Feast of All-Saints next coming, the second Fifteen days after Easter, and the third Fifteen days after Midsummer, the Writ appointing the Col­lectors A in the Diocese of Canterbury bears Date Septemb. 30, and is to be found amongst the Records of Trinity-Term, 22 Ed. I. Rot. 68, with the King's Remembrancer in the Exchequer.

On the Claus. 22. Ed. I. M. 6. Do s. A Tenth granted by the Laity the first day of the Parle­ment. Morrow after St. Martin, or the 12th of November next following, the Earls, Barons, Knights, &c. gave a Tenth part of their Goods on this very first day of the Parlement, and the Commissions to the Pat. 22. Ed. I. M. 2. in cedula The Citizens, &c. pay a Sixth part. Taxors and Collectors of it, are Dated B the same day.

The Citizens, Burgesses, and Tenents of the King's Demeasns paid a sixth part of their Goods, but not granted in Parlement, there were Commissioners sent unto every City, Burgh, and Town of his Demeasns, Inter Re­corda 23 Ed. I. n. vel. Rot. 73 penes Re­mem. Regis in scacar. to Require and Induce them, to pay a certain Sum charged upon, or demanded of them toward the War, which at this time was a sixth part of their Goods, which was C required first, and granted in London, as an Example to other Places; The Commissions for all Counties in England bear Date the 21st of Novemb. 23d of Ed. I.

The King wanting more Money to carry on the War against France, in his Claus. 23. Ed. 1. M. 3. Dors. Dated, Sept. 30. Sum­mons to Par­lement. Writ of Summons, directed to Robert Win­chelsey Arch-Bishop of Canterbury, to a Parlement to be holden on the Sunday next after St. Martin, or the 10th of November, told D him, That he could not but sufficiently understand, since it was known all the World over, That the King of France had frau­dulently surprised Gascony, and not content therewith had provided a Navy and Army to invade England, and destroy theThe King of France pro­vides a Fleet and Army to Invade Eng­land. Nation and Language, if his Power were answerable to his De­testable Purpose; To prevent these Dangers and Designed Mis­chiefs this Parlement was called, but it sat not on that day, the King being busied at Winchelsea in Equipping his Fleet for the De­fence E of the Kingdom, and so could not be there, and for this cause, as 'tis said in the Ib. M. 2. Dors. de parlia­mente proro­gando. Writ it self, it was Prorogued be­fore meeting, unto the Sunday next before St. Andrew, which was in the 24th of his Reign, the 23d ending November 16th. In a short time the Clergy gave the King a Tenth of all their Moveable Goods, toward Maintaining the War; The Earls, Barons, and Knights, and others of the Kingdom, Comites, Barones, Milites, & omnes alii de Regno in subsidium Guerrae nostrae, gave an Eleventh F part of their Moveable Goods, Nobis Pat. 24 Ed. I. M. 22. De undecima & septima le­vand. & Col­ligend. undecimam fecerunt, &c. And the Citizens, Burgesses, and good Men of his Demeasn Ci­ties and Burghs, granted him a Seventh part, &c. Et Cives & Burgenses, & alii probi homines de Dominicis nostris Civitatibus & Burgis, septimam nobis concesserint, &c. The Writ for Levying and Collecting this Seventh and Eleventh is dated Decemb. 4. very few days after their meeting, in the 24th of his Reign.

[Page 40]The King of Scots by the Instigation of his People, taking ad­vantageThe Scots take advantage by this War with France. of this Rupture between England and France, obstructed the Vigorous Prosecution of the War against the French, and thinking to Disingage himself and them from the Power of King Edward, behaved himself, and suffered as hath been related be­fore in its due place.

The Walsingh. f. 62, 63, &c. And also the Welsh. Welsh these two or three last Years, having, as they A thought, opportunities by King Edward's being Diverted by his Wars with France and Scotland, attempted several times under divers Leaders, to Free themselves from Subjection to the English, were at length reduced to perfect Obedience. Fol. 325. A. D. 1295. Mezery the French Historian says, both these Nations put themselves in Arms a­gainst King Edward, by the Instigation and Procurement of the King of France. B

Immediately Walsingh. f. 68. N. 30, 40. after the King and whole Kingdom of Scot­land upon their Defections, were reduced to obedience, and had the second Time done Homage, and sworn Fealty to King Edward (as we have heard before) he issued his Writs for a Parlement to be holden at St. Edmunds-Bury on the Morrow of All-Souls, orParlement at St. Edmonds-Bury. A. D. 1296. Third of November, Dated the 26th of August, in the 24th of his Reign, at Berwick upon Tweed. Append. N. 16. In that directed to the Arch­bishop, C he tells him, That he, the other Prelates, and Clergy, late assembled at Westminster, when they Granted the Tenth of their Rents and Benefices, for the Defence of the Kingdom, until the Feast of St. Michael then next coming; which Grant was ac­cepted by him, in hopes of a more plentiful Aid for the future, from him, and others, which they promised should be sufficient for the same Cause, unless in the mean time there was a Peace or Truce made between him and the King of France: Therefore he D enjoined him to be with his Prior, Archdeacon, and Procurators of the Clergy, at Bury at the time appointed, to order the Quan­tity and Manner of the Subsidy. The Writs to the other Bishops, the Abbots, &c. were like to this. Those to the Noblemen and Sheriffs, were only to Treat about the Dangers impending upon the whole Kingdom, and Remedies to prevent them.

In this Parlement the Citizens and Burgesses gave an Eighth Part E of their Goods, the rest of the Laity granted a Twelfth Part, the Clergy Nothing, by reason of a Constitution made that Year and Published by Pope Boniface. Walsingh. Ut supra. N. 40, 50. The Clergy deny the King a Subsidy. He Summons another Parle­ment. A quo Parliamento a Civitatibus & Burgis concessa est Regi octava, a populo vero reliquo (i. e. a Comiti­bus, Baronibus, & Militibus) Duodecima pars bonorum, Clerus ob constitutionem Bonifacii Papae hoc Anno editam, &c. Regi pro Guerra sua subsidium petenti Denegavit. The King in hopes of a better Answer, deferred this Business, to be treated on in another Par­liament F to be holden at London on the morrow of St. Hilary, Ja­nuary the 14th.

In the mean time, Mat. West. fol. 428. N. 30. The K. shut­up the Barns and Granaries of the Clergy. the King caused to be shut up and secured all the Barns, Granaries, and Store-houses of the Clergy, and the Archbishop sent the Pope's Bull to be published in all Cathe­drals, [Page 41] forbidding, under the Pain of Excommunication, any thing to be paid to Secular Princes, out of Ecclesiastick Revenues. The Bull or Constitution runs thus: Boniface, &c. For the Perpetu­al [5] Append. N. 17. Pope Boniface his Bull. Pro­hibiting the Clergy to pay Taxes to Se­cular Princes. Memory of the Matter, &c. 'tis often delivered from Antiquity, that Lay-men are spiteful to Clergy-men, and the Experience of the present Times manifestly declares it, while not content with their own Bounds, they strive after what is forbidden, and let themselves loose to do Evil, not wisely attending, that for them to have any power over Clercs, or A Ecclesiastick Persons, and their Goods is prohibited, yet they impose grie­vous Burthens upon Prelates, and Ecclesiastics, Regular, and Secular, they Tax them, and Exact and Extort from them a half Part, a Tenth, a Twentieth, or some other part of their Revenues and Goods, endeavouring many ways to bring them into Servitude and under their Power. And with Grief we relate, some Prelates and Ecclesiastics fearing where no fear is, seeking transitory Peace, fearing more to offend Temporal, than Eternal Majesty, they acquiesce in such Abuses, without B Authority from the Apostolic See. We therefore desiring to obviate such Acts, with Advice of our Brethren, by Apostolic Authority do Ordain, That those Prelates, Ecclesiastics, Religious or Secular, of what State, Order, or Condition soever they be, who shall Pay, or grant to Pay, any Taxes, or Impositions, an Half, a Tenth, Twentieth, an Hun­dredth, or any other Part or Portion whatever, of the Revenues of their Churches or Goods, to Lay-men, under the Name of an Aid, Assistance, Lending, or Gift, or under any other Pretence or Colour whatsoever, C without the Authority of the same See. Also those Emperors, Kings, Princes, Dukes, Earls, Barons, Great Men, Captains, Officers, and Governors, by what Names soever they are known, or any other of what State or Condition soever, that shall Impose, Exact, or Receive such things, or shall Arrest, Seize, or presume to take the Goods of Ecclesi­astics, deposited and secured in Churches, or that shall Command them to be Arrested, Seized, or Taken; likewise all who Knowingly shall give any Advice, Assistance, or Favour in these Matters, for that very D Thing, and in that Moment, shall incur the Sentence of Excommunica­tion. The Communities or Ʋniversities, or Bodies-Politick, that shall be Guilty of these things, we put under Ecclesiastic Interdict, strictly commanding the Prelates, and Church-men, by Virtue of their Obedi­ence, and under pain of being Deposed, that they acquiesce not in these things, without Express Licence of the said See. And that under Pre­tence of any manner of Obligation, Promise, or Concession now made, before this Constitution, Prohibition, or Precept shall come to their Know­ledge, E or afterwards they shall not Pay, or the foresaid Seculars Receive any thing any manner of way. And if they do Pay, or the others Re­ceive, that very Moment in doing it they shall fall under the Sentence of Excommunication, nor shall they be absolved from Excommunication or Interdict, without special Licence, and Authority from the Apostolic See, unless at point of Death: For we intend not by Dissimulation to pass by such an horrid Abuse of the Secular Powers; Notwithstanding any Privileges under any Tenor, Form, or Conception of Words whatever, F Granted to Emperors, Kings, and others abovesaid, which we will not shall any way help, him or them against the Premisses: Therefore no Man may lawfully Dare to do any thing contrary to this Constitution, Prohibition, or Precept. Dated at St. Peter's in Rome the 6th of the Kalends of March, in the Second Year of our Pontificate; That is, February 24th 1296, in the 24th of Ed. 1.

[Page 42]Notwithstanding the Clergy denied the King an Aid according to this Papal Prohibition; yet he proceeded in his War, and made Confedera­tio inter Regem & Comitem Flandriae. pat. 25 Ed 1. Part. 1 M. 18. The Confede­racy between K. Ed. and the E. of Flanders. a Confederacy with the Earl of Flanders against the King of France; Complaining, That he being a Peer of France, and in Homage to the High and Puissant King Philip, he oppressed and used him according to his own Will, contrary to Reason, Justice, and his own Desert; and therefore, because he was so Strong A and Powerful, not acknowledging any Superior, by Advice of his Prelates, Earls, and Barons, he made Alliances and Covenants, with his Friends, to endure from that time forward for Ever, (a touz jours perpetuelement) and particularly with the Earl of Flanders.

• First, That if the King of France, or his Heirs, should make War
  The Articles.
  upon him or his Heirs, then the King of England should Aid and As­sist him against the King of France, and all his Assistants, by his Al­lies B beyond Sea, and by his own Subjects, Faithfully and according to his Power.
• Secondly, That the Earl of Flanders, and his Heirs, Earls of Flan­ders, and their Allies, should Aid the King of England, his Heirs, and Allies, in the same manner, and that within two Months after no­tice from the King of England, in this present War, he was to make upon the King of France. C
• Thirdly, That neither the King of England, nor his Heirs, nor the Earl of Flanders and his Heirs, should make Peace, Truce, or Suf­ferance, (i. e. Cessation of Arms) with the King of France and his Heirs, without the Assent, Grant, and Consent of each other.
• Fourthly, That the Earl of Flanders might better and more surely sustain and undergo so great an Affair, and so great a War, as he had D Covenanted to do, against the King of France, his Allies, and Assi­stants. Et pur ceo que cuens de Flandres, peust mieuz & plus surement, sustenir & endurer si grant bensoign, & si grant fais de Guerre come il convendra contre le Roy de France é ses Alliez, é ses Aidantz. King Edward granted for him and his Heirs, to the Earl of Flanders, and his Heirs, every Year during the War, Sixty Thousand
  Four of these Livres made a Pound Ster­ling; so that this was the value of 15000 l. Ster­ling.
  Livres of Black Turnois, or other Current Money at Two Payments, within the Earldom of Flanders, (Chescun an Durant le E susdit Guerre seissante Mile Livres de Turnois Noirs, &c.) at every Payment Thirty thousand Livres; the First to begin at Christmas, 1297. (an Noel qui serra l'an de Nostre Seigneur Mil deux centz quatre vintz é Diseseptz) and the Second at the Nativity of St. John Baptist following. These Payments were to endure so long as the War should endure.
• Fifthly, That these Alliances made between them might no ways be F defeated, neither by the Command of, or Purchase from the Pope, or any other, nor for any thing that might be any ways Obtained or Granted without their joint Consent. Ne par Commandement, ne par pur­chaz D'Apostoille, ne d'autri, ne pur choise qui sait impetree, ne ottrogee, &c.) and if any thing was obtain'd it was agreed on both Parts to Reject, and not use it.

[Page 43]For the Faithful Performance of this Agreement, King Edward solemnly Sware to the Earl of Flanders by his Proxies Monsieur Hugh le Despenser, and Monsieur Walter Beauchamp, Steward of his Houshold. And by that Oath he further Agreed and Covenanted with the Earl of Flanders, That his Son Edward when he was of Age should Grant, Agree to, and Confirm this Form of Alliance and Confederacy: Which was Dated at Ipswich, and Sealed with A his Seal, on the Morrow of Epiphany, or the 7th of January, 1296. in the 25th of his Reign. Et pur ce totes ces choses soinet plus seu­rez tenuz, & Gardez mieux, & plus fermement, nous en noun de so­venance, & de Tesmoignage avous cestes presentes Letters fait seale [...] de nostre Seal; Les queles jurent faites & Donees a Gippewiz lendemain de la Epephany l'an de Grace, Mil deux centz quatre vintz & sesse; & de nostre Regne vintisme quint. The Record is long and Tauto­logical, but this is the very Substance of it. B

Besides Ibm. the Annual Sum here granted, for the further Sup­port of Guy Earl of Flanders, and Marquis of Namur in this great Undertaking against the King of France, in another Instrument in the same Roll and Membrane, and in Respect of the Alliance he had made with him, and the Covenants and Alliances mentioned in his Letters aforesaid, King Edward gave him Three hundred thousand Livres Turnois Noirs, (That is Seventy five thousand Pound Sterling) C to be Received by his own People, without any Deduction, That is to say, 200000 Livres upon his Assent to the Covenants; 6000 Livres at Christmas following; 24000 at Candlemas follow­ing; and 70000 Livres at Easter, or Fifteen days after, or at the farthest at Whitsunday: This Sum is obscurely hinted in the preceding Confederacy, and this Grant is Dated at Ipswich the same Day and Year. D

Yet farther, as Part of this Alliance in another Record in the same Roll and Membrane, 'tis agreed, That Edward the King's Eldest Son, so soon as he was of Age should Marry Philippe Daugh­ter of the Earl of Flanders, if the Match was not Guy Earl of Flanders, with his Wife and Daughter Philippe, had been allured to Paris above a Year before, by seemingly very kind Letters from the King of France, where they were all made Prisoners; the Father and Mother were Released about Twelve Months after, but the Daughter was kept with Design to prevent this Match, which would have been very Disadvantageous to France; Mezeray Hist. Fol. 325. A. D. 1294. hindred by the King of France, her Death, or any other occasion that might happen, si le dit Marriage naloit este accomplir par lempeechement du Roy de France, ou par la mort de la dite Phelippe, ou par autre occa­sion, quele que Ele avenist; but if so, then he was to Marry his E other Daughter Isabel. And this was to be performed without any hindrance of King Edward, or any other; to which, he was not to consent, nor to any Absolution of the Pope or others, against these things, Nene consentiones a la absolucion Encontee ces chose, ne autre Empeechment d'Apostoille, ne d'autrui. Dated at Ipswich the same Day and Year. F

[Page 44]The Clergy Walsingham, F. 69. N. 30. The Clergy meet at Lon­don, and deny the King Aid a Second time. met the Second time at London, according to the King's Appointment, on the morrow of St. Hilary, that is, the 14th of January, when they continued their Resolution, and Denied to give him an Aid or Subsidy for the Carrying on his War against France, according to the Pope's Inhibition Ibm. F. 69. N. 30. pro­cured by the Archbishop, with the Consent of the Clergy. A

All our Historians report the Refusal of the Clergy, but noneThe Reasons of this Deni­al. of them is so Express in giving the Reasons for it as Knigh­ton, Col. 2491. N. 10. 20. where he tells us, That after the Clergy had refused to give the King an Aid, Robert Winchelsey Archbi­shop of Canterbury spake thus to the Bishops, Satis vobis constat Domini mei, nec latere potest, quod sub Omnipotenti Deo duos etiam Dominos habemus, Spiritualem & Temporalem; Spiritualem vero Do­minum Papam, & Temporalem Dominum nostrum Regem, & quamvis B utri (que) obedientiam debeamus, Majorem tamen Spirituali, quam Tem­porali, &c. My Lords, You know well, that under Almighty GOD we have two Lords, a Spiritual and Temporal Lord; the Spiritual the Pope, and Temporal our King; and altho' we owe Obedience to both, yet greater to the Spiritual than Temporal; but that we may please both, we will send special Messengers at our own Charge to our Spiritual Father the Pope, to have leave to Grant something, or at least Direction what we ought to do C in this Case. Ʋt Licentiam aliquid concedendi habere possumus, vel saltem Responsum habeamus ab ipso, quid facere Debeamus. Credimus, &c. for we believe the King, as well as our Selves, doth Fear, and would avoid the Sentence of Excommunication.

After this Denial▪ he went on Progress or Pilgrimage, to visit his Tutelar Ibm. f. 44. lin. 8. The King goes on Pilgri­mage. Saint, or Protectress in Dangers or Adversity, the Lady of Walsingham in Norfolk, where his Procurators, See a par­ticular Instru­ment about this Matter in the Record above. Hugh D le Dispenser, and Walter de Beauchamp Steward of his Houshold, at his Command and in his Presence, (it not being the Usage for him any ways to Swear in his own Person) did Swear (en la Chapelle de nostre Dame a Walsingham) in the Chapel of the Lady of Walsingham, for him and his Heirs, Kings of England, and in his Name, according to the Power given them, (which he ac­knowledged) That they should Perform and Fulfill all Matters and Things contained in the Instrument of Alliance between him and E the Earl of Flanders, Nous qui de usage avoms, que nous en propre Procurators to swear to the Articles of Confedera­cy, on behalf of the King. Persone ne jurromy, reconissoms que le dit Monsieur Hue & Monsieur Wautier fesoms nous▪ Procureurs, & lour donans poer e mandement, &c. par le testmoign de cestes presentes▪ Lettres, &c. by Witness of these present Letters, Dated at Walsingham, (le jour de la Chandeleur) on the Candlemas-Day, in the Year of Grace, 1296, and of our Reign the 25th. F

Anthony Ibm. in another In­strument. Bishop of Duresm, Walter Bishop of Chester, and Hugh le Dispenser (pur ceo que en sa propre Persone le Roy nad mie use a jurer) for that the King uses not to Swear in his proper Per­son, did in like manner, by the Power and Authority given themThe King's Proctors sworn to the Covenants of Marriage, &c. by the King, Swear, That he should Fulfill and Keep all the Arti­cles of the Covenants of Marriage between his Son and the Earl [Page 45] of Flanders Daughters; This Instrument is also dated at the same place, on Tuesday after Candlemass, Le Mardy apres le Chan­deleur.

A few days after the Confirmation of this Confederacy, the KingThe King moved at the unkindness of the Clergy. being much moved at the Backwardness, Unkindness, and Stiff­ness, of the Clergy to assist him in this War against France, gave Command, Append. n 18. Ordered the Lay-fees, &c. of the Clergy to be seised. That all the Lay Fees of the whole Clergy, A as well Arch-Bishops, Bishops, and▪ Religious, as of other Clercs whatever, and of whatever State or Condition they were, toge­ther with their Goods and Chattels found upon the same, should be seised into his hands, until the Sheriffs should receive other Commands from him; Which Writs or Warrants to all the She­riffs of England were dated at Ely in his return from Walsingham, February the 12th. B

This Writ was rigidly Executed, as appears by the Protecti­ons hereafter mentioned, and the Report of all Historians; and as the Monk of Fol. 429. n. 30. The Clergy put out of Protection. Westminster says, the Clergy were also put out of the King's Protection, and so as the Lawyers were prohi­bited to plead for them before the Barons of the Exchequer, or any Temporal Judge; and that all in Orders were commanded freely to pay to the King the Fifth part of their Revenue, or quit their Estates; Sponte offerre sibi suorum proventuum quintam C partem, aut invitè cedere omnibus Bonis suis. The first that com­plied and obeyed this Command, were some Shaveling Prelates in Court, but in the Cure of Souls manifest Pirates, that they might bring in others to the like Compliance. The Monk thinks he Latines this very sharply and wittily, Ibm. Huic mandato pri­mitus obtemperaverunt quidam Tonsorati in Curia Regali Praelati, in Cura vero animarum Pilati manifesti, ut inducerent pari modo animos caeterorum. D

However it was, before this Writ issued, the Clergy especi­allyThe Clergy of the Province of York com­ply with the King, and receive his Protection. of the Province of York, and more particularly of the Dio­ceses of York and Carlisle, having great Apprehensions of the King's Anger, and their own Condition, by early application, and granting the Fifth of their Benefices and Goods, for the Defence of themselves and their Churches, against the Invasion and At­tempts of the Enemies of the Kingdom, obtained his Protection E Append. n. 19. for themselves, Tenents, Lands, Rents, Goods, and all their Possessions whatever, which were to be protected, maintained, and defended, from all Injury, Trouble, and Damage, until the Feast of All-Saints next. This Writ of Protection bears Date at Walsingham, Febr. 6. in the 25th of his Reign, and only by Privy Seal, but on the 18th of the same Ibm. month passed the Great Seal, by Warrant from the King. F

The same Append. n. 20. Protection was given to the King's beloved Clerk Iterius de Ingolisine, Arch-Deacon of Bath, his Tenents, Many others submit, and receive the King's Pro­tection. Lands, Rents, and Possessions, and for the same time, that is, un­to the Feast of All-Saints. Dated at Kings-Langley in Hertford­shire the 18th of February; and the same was granted Ibm. to John de Melingham, Lambert de Trikingham, John de Lacy, Ra­dulph [Page 46] de Staunford, John de Drokensford, and an Hundred and twenty others, dated at the same time and place; and to as many as would submit, and seek for them.

Besides these Writs of Security and Protection, to such whoseWrits of Re­stitution granted to the Clergy. Lands were not seised, nor Goods taken, he also granted Writs of Restitution to those whose Lands and Possessions had been seised, and their Goods taken. As for Example, take one Append. n. 21. for A many, which was granted to the Prior and Brethren of the Hos­pital of St. John's of Jerusalem in England. Dated at Ambresbury in Wiltshire the 25th of February, in the 25th of his Reign. Great Numbers of other Writs of Protection and Restitution, grant­ed to Bishops, Parsons, Vicars, Abbats, Abesses, Priors, Friers, and other Ecclesiastick or Religious Persons, may be seen and perused in the Close Roll 25 Ed. I. M. 22. to M. 26.

Many there were that through Negligence, or want of Satisfaction B They enter into Recog­nisances to save their Estates. concerning the King's Proceedings, or to avoid Trouble, or some other Cause, had not complied, and taken out their Protections, these the King by his especial Favour (as he says in the Writ) admitted to enter into Recognisance, to pay the Fines or Composition set upon them, by one Knight, and the Sheriff of the County, his Commissioners, and so their Estates and Goods were free from seisure. C

Others there were that invented and spread News amongst the People, by which Discord might happen between the King and his Prelates, Earls, Barons, and other Great Men, to the Distur­bance of the Peace, and Subversion of the Kingdom, who also publish Admonitions, and Excommunications against the King's Officers for seising and taking the Lands and Goods of those as refused to pay Taxes, and such as had Complied and Received the D King's Protection. The Writs or Commissions themselves Tran­slated from the French Append. n. 22. Record, with the Proceedings there­upon, do here follow.

Where the Fines and Sums are not mentioned in the Certifi­cates, they are noted in an Account of them, at the end of the Bundles of Certificates, in this manner.

[Page 50]Henry de Gudeford gives the King to have his Protection x 1.

Philip de Willugby entred into Recognisance to satisfie the King for his Lands and Tenements, and Chattels found upon them, and hath Protection for himself and Tenents.

Hugh Parson of Kingston, before Sir Aleyn Plokenet, and the A Sheriff of Somerset, made Fine of viii s. which is the Double, &c. And so the Certificates of very great numbers of others are con­tained, and to be seen in the Bundles in the Tower.

What was done upon the second Commission appears by the Writs directed to the Sheriffs for Discharging and setting at Li­berty such Rectors, Vicars, Priests and Clerks, as had been impri­soned for publishing of the Popes Bull and Sentence of Excommuni­cation, B and other Misdemeanors against the King and his Crown.

While the Execution of this first Commission was in Agitation, there was an Assembly of the Clergy to be in Mid-Lent at London, to which Assembly the King directs this Writ.

And Hugh le Despenser had a Commission of the same Date, to go in his own Person, and take such with him of the Council as he thought fit, to publish this Prohibition at the day of their meeting, Pat. 25. Ed. I. p. 1. M. 9.

The Result of this Synod we have in Fol. 430. lin. 4 A. D. 1297. The Result of that Synod. Matthew of West­minster, E who tells us, That the Archbishop, and certain other Bishops, his Suffragans, meeting at St. Paul's, London, on the 26th of March, to consult of the State of the Church; Two Lawyers, and Two Frier Preachers stood up, and in hopes of gaining Royal, and Temporal Favour, argued and endeavoured to prove, that the Clergy in time of War, notwithstanding the Pope's Pro­hibition, might Lawfully give and pay Taxes to the King. And furthermore, it being forbidden any one, under Pain of Impri­sonment, F to publish the Sentence of Excommunication against the King himself, or those which lately sought his Protection, they all departed; The Arch-Bishop having first charged their Con­sciences with this saying, Salvet suam animam unusquisque. Let every Man save his Soul.

[Page 51]What was done upon the second Commission appears by theWhat was done upon this second Commission. Writs directed to the Sheriffs for Discharging and setting at Li­berty, upon Security given, such Rectors, Vicars, Priests, and Clerks, as had been imprisoned for publishing of the Pope's Bull, and Sentence of Excommunication, and for other Misdemeanors a­gainst the King and his Crown.

The King to the Sheriff Append. n. 24. of Devon, Greeting; We Command A thee, That thou settest at Liberty, first taking Security, that they give us Satisfaction when we demand it, those Chapellanes which thou didst lately take and imprison, for publishing a certain Sentence, and other Transgressions against us and our Crown, according to what we more fully enjoined thee by Word of Mouth. Witness the King at Plimpton the 11th day of April, in the 25th of his Reign.

This Writ was followed by another, directed to the Sheriff of B Cornwall, to the same purpose, but more particularly for the de­livery of such as were named in the Writ.

The King to the Sheriff of Cornwall, Greeting; Append. n. 25. We Com­mand thee, That if our beloved in Christ William Bodrugan, Arch­deacon of Cornwall, will undertake to have before thee Master Cle­ment de Rupe, Master Ralph de Treredenek, William Vicar of the Church of St. Sevara, (and Thirty three others) which were taken C and detained in Prison at Launceston for publishing of a certain Papal Letter, (i. e. the Bull) as 'twas said, so as they may appear before us at our Pleasure to make Satisfaction for their Faults, if they have committed any of this Kind; Then that you cause without delay to be delivered from the Prison aforesaid those Rectors, Vicars, Priests, and Clerks, which upon that occasion, and no other, were detained in the same; Witness the King at Plympton the 17th of April, in the 25th of his Reign. D

King Edward's Engagements to the Earl of Flanders, and his other Confederates, required his going over Sea, and about Ten days after, at this place, he directs his Warrants Append. n. 26. The King gives Com­mand to his Fleet to be ready to pass beyond Sea. to the Ba­rons and Goodmen of his Ports of Hastings, Favesham, Sandwich, Hethe, Winchelse, Romenhale, Dover, and Rye, commanding them to have the whole Service of their several Ports that was due to him, ready Armed and Equipped at Winchelse, on the Morrow of E St. John the Baptist next coming, to go whither he should com­mand them. And he Required them further, That besides their Service, they should fit out and arm all other Ships of Forty All Ships of Forty Tuns Burthen com­manded to be ready. Tuns Burthen or above, to be ready at the same day and place, to go with their other Ships into his Service; but that he would not this should be made an Example for the future. Witness the King at Plympton the 27th of April, in the 25th of his Reign.

On the same day, and at the same place, he directs his War­rants F Claus. 25. Ed. I. M. 19. Dors. to the Bayliffs and Good-men of Yarmouth, and to the Mayors and Bayliffs of all Ports in England, the Occasion being Extraordinary, to arm and set out all the Ships of 40 Tuns, and above, of their several Ports, so as they might be at Winchelsey on the Morrow of St. John Baptist, as before.

[Page 52]He sent also his Warrants and Orders of the same Date Ibm. M. 19, 20. to the Warden of the Cinque-Ports, and the Sheriffs of all Counties in which there were Sea-Ports, to repair to them, and take care the Ships should be Armed and Equipped, and ready at Win­chelsey at the time he had Commanded.

Soon after Claus. 25. Ed. I. M. 17. Cedul. Summons to all that had 20 l. per An­num to go with the King. the King wrote to all the Sheriffs of England, A and Reginald de Grey, Justiciary of Chester, to give notice to all those in their several Bailiwicks or Counties, that had 20 l. per An­num or above, as well within Liberties, as without, whether they held of him in Capite, or not, to provide themselves with Horse and Arms, and to be ready to go with his own Person, for the Defence of themselves, and whole Kingdom, whensoever he should send for them. Witness the King at Plympton the 5th day of May, in the 25th of his Reign. B

On the 15th of May for the Dangers and Perils that might happen to him, and his Kingdom, by the Treachery of his Ene­mies, reciting the former Warrant, and having appointed the time of his passage beyond Sea, he Append. n. 27. Of whomso­ever they hold to pass with his Body be­yond Sea. commanded all the She­riffs of England, and Reginald de Grey, to summon all that had 20 l. per Annum, of whomsoever they should hold the same, to be with him at London, provided with Horse and Arms as they ought C to be, on Sunday next after the Octaves, or Eight days after St. John Baptist, to pass with his Body beyond Sea, to the Honour of God, of himself, and their selves, for the safety and common Profit of the Kingdom. Witness the King at Loders (in Dorset­shire) the 15th of May, in the 25th of his Reign.

At the same time he sent his Ibm. He summons his whole Mi­litary Service to go with him. Warrants to the same Persons, to summon the Arch-Bishops, Bishops, Abbats, Priors, and other D Ecclesiastick Persons, and also Widows, and other Women, within their Counties, that held of him in Capite by Military Service, or Serjanty, or of Wards in his Hand, or Tuition, to be at the same time and place with their whole Service of Horse and Arms, to pass with his Body, &c. Witness as above.

Then also he wrote Ibm. And writes to all the Earls, Barons, and Bishops, particularly to be ready. to Edmund Earl of Cornwall, reciting his first Writ, &c. to be ready with Horse and Arms, at the same E time and place, to pass with his Body, &c. Witness as above. In like manner he wrote to Roger le Bygod Earl of Norff and Marshall of England; To Humfry Bohun Earl of Hereford and Essex, Constable of England; To William Beauchamp Earl of War­wick, Richard Fitz-Alan Earl of Arundel, Robert de Ver Earl of Oxford, John de Warena Earl of Surry, Gilbert de Hunfranvil Earl of Anegos, and 122 Barons, and great Men there named; And after the same manner he wrote to all the Bishops particularly. F

On the 24th of this month the King wrote Ibm. n. 28. again to all the Sheriffs of England, and Reginald de Grey, Justiciary of Chester, toThe Sheriffs to certifie all that had 20 l. per Annum in their Coun­ties. Execute his former Writ of Summons, and to certifie under their Seals the Names of all such as had 20 l. per Annum or above, of whomsoever they held it, in their Bailiwicks or Counties. Witness [Page 53] the King at Portsmouth the 24th of May, in the 25th of his Reign.

While the King was thus preparing for his Voyage, Walsingh. f. 70. N. 10, 20, 30, 40. The Scots arm under William Waleys their Leader. Kill the Eng­lish. the Scots by the Instigation of William Waleys whom they chose their Leader, in this Month of May, (upon the King's Justitiary William de Ormesby's Banishing many of them that refused to do Homage, and Fealty to King Edward) armed themselves, and A Killed all the English they met with, practising strange Cruelties upon them; which he having notice of, laying to Heart the Af­fliction of his Friends in Flanders for want of his Assistance, directedThe Earl of Surry sent to Suppressthem He sent Henry de Percy. William Waren Earl of Surrey with the Militia beyond Trent, to march into Scotland, to suppress this Insurrection. The Earl rai­sing an Army in the North Parts, sent his Nephew Henry de Percy with it into Scotland, who marching toward the Scots found the Heads of them, the Bishop of Glascow, the Steward of Scotland, B Andrew de Mornia, and William Walleys, inclineable to Peace, up­on Condition of the Safety of their Lives and Limbs, Lands and Goods, so as all things might be Pardoned to that time. Henry Who accepts from them Terms of Peace. de Percy admitted the Peace, upon promise of Hostages, and Arti­cles in Writing, if it should please the King, who, made ac­quainted with the Terms, Consented to it, that his Voyage might not be hindered. When the Earl of Surrey went into Scotland to see the Performance of these things, the Scots shifted from C time to time, delaying to deliver Hostages; whereupon the Bishop of Glascow, and William Douglas, lest they might be thought Traytors, yielded themselves, the Bishop was secured in Roxburgh Castle, and Douglas in Berwick.

In order to the King's Voyage into Flanders, as hath been noted before, the Militia was Summoned to meet at London on the Sun­day after the Octaves of St. John Baptist, which are July the First. D Mat. Westminster Fol. 430. N. 20, 30, 40. A. D. 1297. The Earls of Norfolk and Hereford, Con­stable and Marshal, re­fuse to do their Duty and Service. says, They were summoned to meet on the Morrow of the Translation of Thomas the Martyr, (i. e. Becket) which is July the 8th, and may agree with the Record, (if the First of July that year fell on a Sunday) when the Earls of Nor­folk and Hereford, the Marshal and Constable, being Required by the King, Refused to do their Duty, and Request him to appoint some other of his Houshold to that Service, and retired; and on the 25th of July [8] he wrote again to all his Ports, to send E [8] Claus. 25. E. 1. M. 9. Dors their Ships to Winchelsey, with what speed they could.

The King, no doubt, in hopes of a perfect Reconciliation be­fore he went over Sea, Append. N. 16. The King re­stores to the Archbishop of Canterbury all his Lands and Goods. wrote to the Sheriffs of Kent, Surrey, Middlesex, Sussex, and Essex, upon the earnest Request and Media­tion of the Prelates of that Province, and out of Special favour, to Restore to the Archbishop of Canterbury all his Lay-Fees, together with his Oxen, Carts, or Waggons, and all other his Goods and F Chattels being upon the same, in the state they were then in: Witness the King at Westminster, July the 11th, in the 25th of his Reign.

And that he might extend his further favour to all the Clergy that had submitted, and were reconciled, he gave a general Pro­tection [Page 54] to them, that had not received it before, and Ibm. N. 30. He grants a General Pro­tection to all the Clergy. wrote to the Sheriffs of London and others, at the Request and Prayer of the Archbishop of Canterbury, and other Bishops and Prelates of his Kingdom, Supplicating him in behalf of the Clergy, That they should Maintain, Protect, and Defend all the Clergy in their Bayliwics, their Tenements, Lands, Goods, Rents, and all their Possessions; not permitting them to receive any Injury or Molestation in their Persons or otherwise, though they had not his Protection. Witness A the King at St. Pauls, London, 31st of July, in the 25th of his Reign.

It ought not to be omitted here, That notwithstanding the Mortal Enmity and War between the two Kings of England andThe King of France Remon­strates against the Pope's Bull prohibi­ting Taxes. France, yet King Philip the 4th Published a sharp Remonstrance a­gainst the Pope's Bull, which caused this Trouble and Contention between the King and Clergy in this Nation, in which he strenu­ously B asserted the Rights of his Crown, and the Liberties of the Gallican Church, which were the very same with those of England. The Archbishop of Rhemes with the Suffragans and Abbots of hisThe Clergy of France join with him. Province, seconded their King's Remonstrance with a Supplication to the Pope, to recal his Bull, lest it might break the Peace and Ʋni­ty of the Gallican Church and Kingdom, as being very Injurious and Grievous to the King, and Temporal Nobility, and as bringing Scandals, nay perhaps Ruine and Destruction to the Nation; C whereupon Pope Boniface the 8th, sent an Explanatory Bull toThe Pope ex­plains his Bull for the ease of the King, No­bility, &c. King Philip, by which he Declared, That his former Bull extended not to voluntary Grants and Aids made by the Clergy, nor to Cases of Necessity, when Taxes and Contributions were necessary for the Defence of the Kingdom, then they might be Raised without con­sulting the Pope. That the King and his Successors (provided they were Twenty years of Age) might be Judges of the Necessity, if not of that Age, then their Council; and Lastly, He Declared, that D by this Bull, or Constitution, it was not intended to take away or diminish any Rights, Liberties, Franchises, or Customs of the King, Kingdom, Dukes, Earls, Barons, or Temporal Nobility, whereof they were in Possession before he Emitted that Bull. The Remon­strance, Supplication, and last Bull, Dated at Orvieto or the Old City July 22. in the Third year of his Pontificate, A. D. 1297. are to be found in Peter Pithous Proofs of the Liberties of the Gallican Church. Printed 1639. Chap. Sect. or Numb. 8, 9, 10. Fol. E 1085▪ 1088, 1089.

By reason of the Clergies Denial to Grant the King a Seasonable and Timely Aid to carry on his Wars, he was forced upon Ʋn­warrantable Courses against the Laws of the Realm, Knighton, Col. .249:. N▪ 60. The K. forced upon Unwar­rantable cour­ses to raise Money. by Raising the Custom upon Wool from a Noble, to Forty Shillings the Sack, and ordering the Owners should sell their Wool within a Month, at certain Places assigned, or they should be forfeited. For the F Victualling his Army and Ships, he took Wheat, Oates, Malt, Salt-Fish, and Flesh, as Pork, Beef, Mutton, without paying for them, as well from Lay-men, as the Clergy; by which Oppressions the Peo­ple were very much Grieved and Disturbed, being hereby prepa­red to follow the Dictates of any Projectors against the King.

[Page 55]It cannot be thought, but by this time the Archbishop and his Friends, the Constable and Marshal and their Friends understood one another, and carried on a joint Design. The Causes of the Controversie (but just now only mentioned) between the King, Constable, and Marshal, and the Reasons of their Refusing to do their Duty, their withdrawing from his Presence, and from Court, with their Denial to return when sent to, will best ap­pear A from the King's Declaration upon Record, sent to all the Sheriffs in England.

[Page 57]The King being informed there were Excommunications ready to be Pronounced and Published against his Officers, &c. sent a Prohibition Append. N. 32. to the Archbishop and all other Bishops to for­bear it. The King to the Venerable Father in Christ, Robert, &c. The K. for­bids the Bi­shops to pub­lish Sentence of Excommu­nication a­gainst his Officers, &c. Whereas we have been forced by inevitable Necessity for the Defence of our Kingdom and Hereditary Right invaded by the King of France, and other Enemies, and for the Preservation and Safety of the Eng­lish A Church, and of the Persons of Ecclesiastics, and others, we have taken from them Grain, and other Goods, and the same necessity yet compels us to do the like, for which Corn and Goods we are resolved to make full Satisfaction; and now we understand that you intend to pro­mulge, and cause to be published, Sentence of Excommunication against our Officers that took them by our Command, which if you should do, it would manifestly redound to the great and immeasurable Michief of our Crown and Dignity, the Scandal of the People, and as it may B happen, the Consequence of it may prove the Destruction of the Church, and Subversion of the whole Kingdom. We forbid you, upon Obser­vation of the Oath of Fidelity by which you are bound to us, and upon forfeiture of all you hold of us, to publish any such Sentence against our Officers, Clercs, or Laics, or to do any Injury to them, especially when we are ready to make Satisfaction. Witness the King at Winchelsey the 19th Day of August, in the 25th of his Reign.

King Edward being so far engaged to assist the Earl of Flanders C in Person, as he could not recede from his Promise, and resolved beyond persuasion to do it with what speed he could, the Earl now much pressed by the King of France, having lost some Towns, and being in fear of the Revolt of his People; Walsingh. Hist. Angl f▪ 71. N. 30, 40, 50. f 72. N 10, 20. while he was thus at Winchelsey, or Odymer, with all possible Expediti­on providing for his Passage, the Earls sent him the following Petitions of his Kingdom in Writing, and with this Title. D

These are the Injuries and Grievances, which the Archbishops, Bi­shops, The Grievan­ces of the whole King­dom presented to the King. Abbots, Priors, Earls, and Barons, and the whole Community of the Land, do shew unto our Lord the King, Humbly beseech­ing him, That for his own Honour, and the Safety of his Peo­ple he would correct and amend them.

• First, It seemeth to the Community of the Land, That the Sum­mons E sent them by the King's Writ, was not sufficient, because the Place whither they were to go was not named; for according to that, they were to prepare themselves, and make Provision of Money.
• Secondly, Whether they ought to perform Service or not, because 'tis said in general words, the King would pass over into Flanders: It seems to the Community, that there they ought to do no Service, be­cause neither they, nor their Predecessors, or Progenitors, ever per­formed F their Service in that Land. And tho' it was so that they ought to do it, yet they were not able, being so oppressed with Tallages, Aids, and Takings, or Prizes, as of Wheat, Oates, Malt, Wool, Leather, Oxen, Cowes, Powdered Meat, without paying for them, by which they were supported.
• [Page 58] Thirdly, They say they cannot pay Taxes, by reason of their Poverty proceeding from the Tallages and Takings aforesaid, because they had scarce wherewithal to support themselves, and many were in such Condi­dition, as they had not wherewith to Till their Lands.
• Fourthly, The whole Community of the Land thinks it self very much grieved, That they are not used according to the Laws and Cu­stoms A of the Land, as their Predecessors have been.
• Fifthly, They were Grieved and Oppressed, that Magna Charta, or the Great Charter was not observed, and that the Charter and Assize of Forests was not observed according to Custom.
• Sixthly, The whole Community thought it self grieved, by the Im­position upon Wool, which was too Burthensome at 40s. per Sack, and B of Wool for common Ʋse seven Marks for the same Quantity,
  Ibm. f. 72. lin. 5.
  for that the Wool of England, amounted to almost half the value of the whole Land, and this Imposition amounted to the Fifth part of the value of it. Then they conclude, That because the Community wished the King Honour and Safety, as they were bound to do, it seemed to them it was not good for him to pass into Flanders, unless he were assured That People were true to him and his People; and also in regard of Scotland, which now began to Rebel, and would do so much more when C they knew he was beyond Sea.

When the King received these Petitions he Ibm. N. 10, 20. told the Mes­sengers, he could not Answer them without his Council, some part whereof was gone into Flanders, and some part left at London; The K. could not answer the Petitions of the Com­munity with­out Advice of his Council. and sent to intreat the Earls by the Messengers, That if they would not go over Sea with him, They would at least do no Mis­chief to the Kingdom in his absence, for that he thought by the D Favour of God to return, and have it in due Order.

It is Recorded in the Close Roll of this Year, that the King pas­sed into Flanders on the 22d of August, Claus. 25 Ed. 1. M. 7. Dors. Memorandum quod Die Jovis vicesimo secundo Die Augusti Transfretavit Rex in Flan­driam. Mat. Westminster Fol. 430. N. 50. says it was the Day following, on the Vigil or Eve of St. Bartholomew, and that the same Day the Earls and Barons came to the Exchequer, and forbad the BaronsThe Earls and Barons prohi­bit the Levy­ing of Taxes granted to the King. E thereof, to cause the Sheriffs to Levy the Eighth Peny of the Laity, telling them, They knew nothing of it, and that Taxes could nei­ther be Imposed or Exacted without their Assent. Walsingham Ut Supra. F. 72. N. 40. says, That the Earl of Hereford, and Earl-Marshal, with their Con­federates or Complices, prohibited the Treasurer and Barons of the Exchequer to cause to be Levied the Eighth Peny of the Laity, that was granted to the King at Bury-St.-Edmunds, and that they pre­vailed with the Citizens of London to stand with them for theThey prevail with the Citi­zens of London to stand with them for their Liberties. F Recovery of their Liberties.

The Scots taking the Opportunity of these Commotions in England, still delayed to give Hostages and Pledges for the Peace made with Henry de Percy, tho' demanded by Earl Warren; and toward the End of Ibm. F. 72. N. 10. August took Arms again under the Leading [Page 59] of Waleys, and in a short time drove almost all the English out ofThe Scots a­gain take Arms, and drive the Eng­lish out of Scot­land. Scotland: William de Warren aforesaid, the Guardian of Scotland, fled from Berwick into England, and the English that were there after him, and quitted the Town, yet the Castle was kept, and well Defended by those that were in it.

Upon this News from Scotland, the Ibm. N. 30. The Prince, Guardian of England. Council that the King left with the Prince whom he had constituted Guardian of Eng­land A in his absence, to assist and advise him, persuaded him to send for the two Great Earls, and if by any ways he could re­concile them to his Father. On the 9th of September Append. N. 33. He Writes to the Constable and Marshal to meet him at London. he wrote to the Archbishop of Canterbury, Six other Bishops, Twenty three Abbots and Priors, these Two, and Eight others, to meet on the morrow after St. Michael at London, to confer with him, and those of his Council there present, about urgent and difficult Affairs. When they came together, Walsing. Ut Supra. f. 73. N. 40, 50. they would not consent B to any other Form of Peace than that which is now called the Statute de Tallagio non Concedendo, or of not Granting Tallage; which is the same in Ibm. Walsingham, with that of Sir Ed. Coke's Second Institutes, Fol. 532. taken out of the Old Statutes, Printed by Rich. Totel, 1556. Part 2. p. 73. a.

Henry de Knighton Col. 2523. N. 10, 20, &c. They come Armed and take Possession of the City Gates. tells us, They came guarded with 500 Horse, a great Number of choice Foot, and that they would not C enter into the City before they had Liberty to place their own Guards in every Gate; and then says, That by the Mediation of the Venerable Father Robert Archbishop of Canterbury, (Cujus me­moria in Benedictione sit) whose Name be blessed, as the Historian, there was no Agreement to be made, unless the King would con­firm the Charter of the Forest, and the Great Charter with some Articles added to it, which were the Statute before-mentioned, then put in Writing by them, and were the Grieuances sent to D the King at Winchelsey, drawn into the Form of a Charter or Statute. This was done by the King, as F. 74. N. 10. Walsingham says, (Tan­quam ab eo, qui in arcto positus erat, cedendum Malitiae temporis cen­suit,) as by one in streight, thinking it best to give way to the Iniquity of the time: And Ibm. for this the Laity gave an Eight Part of their Goods; the Clergy of the Province of Canterbury a Tenth, and the Clergy of the Province of York a Fifth Part. E

On the 15th of September before this Meeting or Great Coun­cil,to Claus. 25 Ed. 1. M. 6 Dors. A Parlement called. the Prince had Issued Writs for a Parlement to be holden on the Octaves of St. Michael, or 7th of October, for the Confir­mation of the Charters, as his Father had before propounded in his Declaration; and for that Confirmation Ibm. the Laity regranted the Eight Part of their Goods they had given before at Bury, and the Clergy gave a Tenth; and the whole Business was dispatch'd in three Days; for this Statute or Charter, which in Coke's Se­condThe Chartres confirm'd. F Institutes, and our Statute-Books goes by the Title of Confir­matione Chartarum, was Sealed and Dated the 10th of October; and is to be found upon the Statute Roll 25 Ed. 1. M. 38. with this Memorandum at the End of it, that this very Charter or Confirma­tion, The Confir­mation of them Sealed in Flanders. word for word, was Sealed in Flanders with the King's Great Seal at Gaunt, the 5th Day of November in the 25th year of his [Page 60] Reign, and sent into England; a sure Sign Sir Edward Coke never saw the Original of this, nor of the Statute de Tallagio non Conce­dendo, who placeth them in the 34th of this King.

On the Append. N. 34. The Earl-Marshal, the Constable, and Lord Ferrers Pardoned, and by what Me­diation. Statute-Roll there is a Destinal Pardon for the two Earls, the Lord Ferrers, &c. somewhat differing from that in the Printed Statutes. Dated at Gaunt on the same Day, procured at the spe­cial Prayer and Request of his Son Prince Edward his Lieutenant in A England, William Bishop of Ely, William Bishop of Bath and Wells, Richard Bishop of London, Walter Bishop of Litchfield and Coventry, Henry Elect of York, Edmund Earl of Cornwall, John Warren Earl of Surrey and Sussex, William Beauchamp Earl of Warwick, and the others of his Council, with his Son in England. Registrum Winchelsey in Doctors-Com­mons, fol. 227. a. b. and 228. a. b. This Pardon had been doubly granted before by the Prince, and by his Council, in two Instruments, or as they are called, Letters-Pattents, one of the Prince, the other of his Council, Dated October 10. and Sealed B with their own Seals, because the Great Seal of England was with the King: At the same time also they Ʋndertook and Bound themselves, to secure them from any Dammage which might happen to them, from the King, and procure them this very Par­don.

Things thus compos'd in England, there was a Truce, or as 'tisA Truce be­tween the two Kings and their Allies for a short time. called in the Instrument it self, A See Bundle of Writs of Privy-Seal in the Tower. And Pryns Hist. Ed. 1. f. 757. Sufferance or Forbearing all C Acts of Hostility by Sea and Land, between the King of England, and his Allies, on the one Part, and the King of France and his Allies on the other, until the Feast of Epiphany, for the Duchy of Aquitain, and for the Earldom of Flanders, and all other Parts, until the Octaves of St. Andrew (or the 7th of December.) Dated on the Feast of St. Denis, (that is October 9th.) in the Year of Grace, 1297. in which there are the Names of the English Confe­derates; That is to say, the King of Almayn or Emperor; the D Earl of Flanders, the Earl of Savoy, the Earl of Bar, the Duke The King of England's Al­lies or Confe­derates. of Brabant, the Earl of Holland, the Earl of Montbeliard, John de Cholon, Seigneur Darly, John de Burgonig, John Lord of Moamtfan­con, Walter his Brother, the Lord of Newcastle, the Lord Dosselier, the Lord of Fanconby, the Lord of Jour, the Lord of Conkendary, Simon de Montbeliard, Lord of Montron, Stephen Doissler Lord of New-Town, (de Ville Neove) and many others, of Burgoinge, Al­maigne, Brabant, Holland, Gascoinge, and Arragon, and others, of E which the Names were not known: And by this Sufferance all Trade or Commerce was to be Exercised as at other times.

This was inclosed in Letters Ibm. and Pryns Hist. f. 758. The Truce sent into Eng­land. under Privy-Seal, dated at Gaunt the 15th of October, in the 25th of his Reign, and sent to his Son, enjoyning him to see it kept in all points, through the Realm; and Claus. 25 Ed. 1. M. 26. Dors. in cedula. to that purpose, on the 20th of October he sent it to all Ports in England, to be Proclaimed, and strictly Ob­served F in all its Articles.

On the next Day, setting forth that the Scots despising theirThe Scots de­spise their Oaths of Ho­mage and Fealty. Oatbs of Homage and Fealty, and not content to have Broken the Peace before, to have Killed his Subjects, and done many other [Page 61] great Mischiefs, Ibm. They enter England, burn, and waste all before them. The King summons the Service of Earls, Barons, &c. to sup­press them. had then Entered England, Burning and Wasting the Country, slaying his People, and destroying all before them, sent his Summons to 200 Earls, Barons, Knights, Abbats, and others, to be ready at Newcastle upon Tine, on St. Nicholas-Day, or 6th of December, with their Service of Horse and Arms, to go with his Son against the Scots, to suppress their Rebellion, and defend his own Kingdom. A

By Commissioners on both sides the Sufferance or forberance of Hostility was prolonged and continued until Lent then next com­ing, the Bundle of Writs, & Pryn ut supra, f. 756, 757. The Truce between the Two Kings prolonged. Instrument whereof was sealed with their Seals, and dated at Grolingues Abby near Courtray in Flanders, Nov. 23. 1297. In this Instrument also are contained the Names of King Edward's Confederates, as before.

In the 24th of this Walsingh. Hist. f. 64. 1. 5, &c. n. 10. King, in the year 1296, the Cardinals B of Albanum and Praeneste, had been sent by the Pope, first into France, then into England, (whether they came about Whitsun­tide) to make Peace between the Two Kings, and expected theTwo Cardi­nals sent to persuade Peace, or make a Truce for two years. King's coming out of Wales until the first of August, when they delivered their Message, and persuaded to Peace, or a Truce for Two years; The King answered he could agree to neither, with­out the Consent of the King of the Romans, by reason of the League between them confirmed by Oath; They Request the King C to obtain his Consent, which in Reverence to the Court of Rome he granted, and they returned into France.

The King, as they desired, Bundle of Letters and Writs in Jurie London, 24 & 25 Ed. I. and Pryn Hist. Ed. I. from fol. 748, [...]0 fol. 764. wrote to the King of Almaign or Romans, to send his Commissioners to Cambray to the Cardinals, with Power before them to Treat of and Conclude a Truce Honour­able and Beneficial for them both. Many Commissions were granted, and Commissioners Ibm. A [...] ways pro­pounded for a Peace or Truce prove ineffectual. appointed on both sides at several D times, and References made to the Pope. But when all these Ways proved ineffectual, the Pope by his own Authority took upon him to denounce and declare a Truce for Two years under pain of Excom­munication, to such as should not submit to it; Walsingh. ut supra, f. 69. n. 50. The Pope by his own Au­thority de­clares a Truce for two years. This the Car­dinals published without success; as appears by their Letter or Ma­nifesto published for the knowledge of all People, in which are con­tained the Minutes or Heads of this Truce, and the King of France his Protestation against it, and the Pope's pretended Power E to make it.

Ʋniversiis Proves des libertez de l'E­glis [...] Gallicane, Printed 1651, chap. 7. n. 12. £ 96. praesentes literas inspecturis miseratione divina, B. Albanensis, & S. Penestrimensis Episcopi salutem in Domino, Notum facimus, &c. To all that shall see these present Letters, B. by Divine Mercy Bishop of Albano, and S. Bishop of do make it known, &c. Then giving a short Account of the Truce, and that it was to have continued for Two years from the Feast F of St. John Baptist last past. They say, That when they presented to the King of France the Popes Letters Patents, containing the Truce, to be read, cumque dictas literas praesentaremus dicto Regi The King of F [...]ance pro­tests against the Pope's Power to make a Truce. Franciae legendas, &c. He forthwith before they were read, caused in his own and their presence these Protestations to be made, That the Temporal Government of his Realm belonged to himself [Page 62] alone, and no other; That he would acknowledge no Superior in it, nor subject himself any way, to any Person living, in things of his Temporal Government, but would maintain his Fees, (Sed se in­tendereAnd denies his superiority in Tempo­rals. feoda sua Justiciare) and Defend his Kingdom, and the Rights of it in all things, as God should enable him, by the help of his Subjects, Friends, and Assistants; Nor, that he took himself or King­dom to be affected by the Popes Declaration of the Truce in his Letters Patents directed to him, nor the Sentence of Excommunication therein A contained; And further added, That he would not recede in Word or Deed from these Protestations; yet as to what concerned his Soul, and Spiritual Government, as his Predecessors had done before, he was ready to obey the Precepts of the Holy See, as much as he was bound and ought to do, as a Devout Son of Holy Mother Church. These things premised, the Cardinals proceeded to the publication of the Truce and Sentence, and caused the Pope's Letters to be read be­fore the King. Done at Creil in Beauvaisis on the 19th of April, B 25th of Ed. I. 1297. Datum Credulii Bellovacensis Diaecesis, &c.

After this, Walsingh. Hist. Angl. f. 74. n. 30. on Innocent's-Day, or 28th of December, and 26th of Edward I. there came to him then at Gaunt the Master of the Order of Preachers, and the General of Friars Minors, who had been with the King of France about the same Business, and be­seechedThe Pope as a Mediator, not as a Judge offers to make Peace. on behalf of the Pope, That they would send their Com­missioners to Rome with full Power to Treat of Peace, the Pope C promising, not as a Judge, but Kind Mediator, and in prejudice to neither, to indeavour to settle Peace and Tranquillity in both Na­tions,And publish­ed to that purpose a Two years Truce. and restore the former Friendship between the Two Kings. And because that could not be accomplished without a Truce, there­fore the Pope by these Messengers, published again a Two years Truce, as he had desired before by the Cardinals, under pain of Excommunication, and Interdict of both the Nations. D

The King of England Ib. n. 40. Both Kings submit all Differences to the Pope as a Private Per­son only. considering it was dangerous staying in Flanders, and that he had been imprudently brought thither by the Contrivance of the Earl, that his own Kingdom was unsettled by Intestin Sedition, and that he could have no Confidence in the King of the Romans, the Pope not being his Friend, consented to the Truce. And both Kings sent their Commissioners to Rome, and Compromitted and Referred all Differences whatever between them to Boniface VIII. as Bene [...] Gaitan, or a Private Person, but not E as Pope, as will appear by his own Instrument of the Terms of Peace hereafter mentioned.

Mat. Fol. 431. n. 10, 20. Both Kings accept and agree to a Truce for two years. Westminster says, both Kings accepted and agreed to a Truce for Two years, to begin at the Feast of Epiphany or begin­ning of Lent, when the above-mentioned short Truce ended, for themselves, and Confederates, and when King Edward came for England, and landed at Sandwich on the 21st of March. F

And within few days after, to make good the Promise he had made not long before his going into Flanders, Instructions and Commissions were sent forth to Append. n. 35. The King to make good his Promise, sends out Commis­sions of In­quiry, what Goods had been taken from his Sub­jects. Two Knights, one sent by the King, and the other taken out of the Country, one Clerk, and one Religious Person to be assigned by the Bishop of the Diocese, to in­quire [Page 63] by the Oaths of Lawful Men of every County, in what man­ner and how much Wooll, Woollfells, Leather, Grain, Beasts, Flesh, Fish, or other Goods, had been wrongfully and illegally taken from the Clergy and Laity, for Victualling and setting forth his Fleet, or for other Matters, since the War between himself, and the King of France. Witness the King at Westminster the 4th of April, in theA. D. 1298. 26th of his Reign.

After the Notable Protestation of the King of France against the A Pope, says Peter Proves des Libertees, ut supra, f. 97. The Compro­mise made to Bennet Cajetan, not Pope Bo­niface, &c. Pithou, desiring to make Peace with the Em­peror Elect, and the King of England, compromitted that whole Affair in the Person of Pope Boniface as a Private Person, and Be­nedict Cajetan by his Family Name, and not as Pope, on purpose, that he might not usurp upon the Authority of the Kings.

In this year, and about this time, Adolph the Emperor (or as the B old Historians call him, King of Almain, or of the Romans) was deposed by the Electors and German Princes, and as Hist. of France, f. 327. A. D. 1297. Adolph the Emperor de­posed. The King of France his Money pre­vails with the German Princes. Mezeray Stories, was first detained in Germany by private Dissentions raised by the French, or the Sums of Money King Philip gave him under­hand, so as he did not afford the Earl of Flanders that Relief he expected; and at the same time debauched Albert Duke of Austria, by the all powerful Influence of Money from the Party, who brought over with him the Duke of Brabant, the Earls of Luxemburgh, C Guelders, and Beaumont.

The same Historian also gives this Account of his Deposition, Ibm. A. D. 1298. Adolph the Emperor deposed. And how. the Money that Adolph had received on both hands was the cause of his Ruin, and on the contrary what Albertus had re­ceived for the same end served to raise his Fortune; for this last having made use of some of it to corrupt the Princes of Germany, who were displeased for that Adolphus had given him no share of D his, it happened, that in an Assembly they had at Prague for the Coronation of King Wincheslaus, they easily suffered themselves to be persuaded, the Pope was consenting to the Deposition of Adolphus, as being useless to the Empire; and in effect, the Cabal was so strong, that they Deposed him, and Elected Albert Duke of Austria. The Two Competitors came to Blows about it near Spire the 2d of July, Adolph fighting valiantly, but betrayed, or at least forsaken by his Men, there lost his Life. E

The Abbat of Ʋrsperg, an old German Writer of this time, says thus, Paralip. fol. 341. Printed at Basil, 1559. The occasion of his being Deposed. Whereas there was great confusion in the Empire, and there was necessity to have a more powerful Emperor, the E­lectors met at Ments, and Deposed him, for when Adolph had re­ceived 75000 Marks to assist the King of England against the King of France, he kept it all to himself, and divided none amongst the German Princes, he could neither raise Soldiers, nor help the F English. This Charge in the Empire, and the Embroilment of his Affairs at home, caused King Edward to accept the Popes Mediation, as above.

The King before this time had summoned the Cl. 26 Ed. I. M. 5. Do [...]s. Militia of the Nation to meet him at Carlisle on Whitsun-Eve, with their [Page 64] Horse and Arms, to go against the Scots, whose Power was nowThe King summons the Militia of the Nation a­gainst the Scots. formidable, and their Forces numerous; yet on the 10th of April Ibm. M. 12. Cedula. Dors. A Parlement or great Council sum­moned. he summoned the Earls and Barons, Two Knights of every Shire, Two Citizens of every City, and Two Burgesses of every Burgh, to meet and Treat with him, about certain Matters that concerned him, and the whole Kingdom; Walsingh. f. 75 n▪ 20. The Charters Reconfirmed. Here the Constable and Marshall demanded, that because the Charters had been con­firmed beyond Sea, for the greater security they might be confirmed A again. The Bishop of Durham, the Earls of Surrey, Warwick, and Glocester, promised the King should do it, upon his Return with Victory. The King then commanded his Army to be ready at Rox­burg upon Tweed on the Feast of St. John Baptist. The King go­ing aside to Visit St. John of Beverly, found his Army at the time and place appointed; Ib. n. 30, 40, 50. and f. 76. n. 10. The Scots beaten at Falkirk. He marched on into Scotland; The Scots meet him with a mighty Army under the Conduct of Waleys; On St. Mary Magdalen's-Day, or 22d of July, both Armies drew up B in a large Field near Falkirk; upon the Signal given by the King, the English boldly attacked the Scots, their Horse soon gave ground, the English pursuing and killing great numbers, my Author says Sixty thousand. Waleys and the Great Men of Scotland fled into the Woods. After some stay in Scotland, where he used some se­verity,The King re­turns into England. in his Return at Carlisle, he gave the Constable and Mar­shall Leave to go home, and stayed himself in the North Parts until after Christmas; when he returned into the South, and in C Cl. 27. Ed. I. M. 18. Dors. Summons a Parlement. February summoned a Parlement to meet on the first Sunday in Lent, Walsingh. f. 76. n. 20. The Pope's Award read in it. where was Read the Pope's Instrument of Award between the Two Kings, which is long, but the Effect thereof was, This In­strument is Intituled, Pronuntiatio Bonifacii, in Jurie London, 25 Ed. I & Pryns, Ed. I. f. 758. The Articles of his Award, as Benedict Caietan, not as Pope. That whereas they by their special Messengers and Proctors, had compromitted into him as a Private Person and Benedict Caie­tan, and as an Amicable Composer and Arbiter of all Wars, Contro­versies, Differences, and Causes whatever moved between them; He did Award and Pronounce; D

• 1. That there should be a firm and stable Peace between the Two Kings.
• 2. That the voluntary forbearing of Hostility, and the Truce lately made and confirmed between the Two Kings, &c. should be inviolably observed.
• 3. That the King of England should Marry Margaret the King of E France his Sister, and Endow her with 15000 l. Turnois (i. e. 3750 l. Sterling) per Annum.
• 4. That Isabel, the Daughter of the King of France, not then 7 years old, should at convenient time, be Married to Edward the King of England's Son, then 13 years of Age, with the Dower of 18000 l. Turnois per Annum. F
• 5. That all Goods on either side, Ships especially, taken before the War, and then not imbeziled or destroyed, should be restored; and if destroyed and not to be found, then either King to make Satisfaction at the Request of each other.
• [Page 65]6. That all the Lands, Vassels, and Goods, which the King of England had in France before the War, which he may have restored to him by virtue of this Compromise, he should have and enjoy under such Conditions and Security as shall be awarded.
• 7. That all the Lands, Vassals, and Goods, which the King of France was then possessed of, that were the King of England's before A the War, and those the King of England was then possessed of, should be put into the Hands and Possession of the Pope, and so to remain until the Kings themselves agreed about them, or he should order what was therein to be done, without prejudice to the Lands, Vassals, and Goods, or the King's, as to the Possession, Detention or Propriety of them. This Pronunciation or Award was Dated at the Pope's Palace in Rome on the 20th of June, 1298. 26th of Edw. I. B
  A. D. 1298.

To which Award when it was read in Parlement, all the Clergy and Laity gave their Consent, Mat. West. f. 431. n. 50. The whole Parlement confirm the Pope's A­ward. Cui assensum praebuit Plebs omnis, & Clerus.

This done the Ibm. The Charters confirmed. The King re­fused to con­firm the Dis­foresting. Earls, Barons, and Prelates, demanded the Confirmation of the Charter of Liberties, and of the Forest, with the Deforestation then made; He confirmed the Charters, but re­fused to confirm the Deforestation, or parting with so much Land C out of his Forests as they demanded.

Walsingham Fol. 76. n. 40. Reports, That in this Parlement, the King be­ing desired to confirm the Charters as he had promised in Scotland, after some delay, consented, with a Salvo jure Coronae, saving the Rights of his Crown, which the Earls hearing returned home; but calling another Claus. 27 Ed. I. M. 18. Dors. Writ dated Apr. 10. Parlement to meet 15 days after Easter, he granted what they desired. D

The Execution of the Pope's Award was delayed, neither of the Kings being forward to deliver their Possessions, &c. in Gas­coign into his Hands; but being resolved to make Peace if he could, Rot. A [...]m. 27 Ed. I. M. 11. intus. he sent the Bishop of Vicenza to the King of France, before whom, and with the Consent of the King of England's Commissioners, it was Agreed, That both the Kings should per­form that Article; and King Edward Authorized several Com­missioners, E The King of England per­forms the 7th Article of the Pope's Award. to deliver the Possession of his Lands, Vassals, and Goods, into the hands of the Bishop, who was to receive them in the Name of the Pope as a Private Person, and Benedict Gaitan. This In­strument bears Date at Westminster, April 22. 1299, the 27th of Ed. I. In May following Prince Edward Ibm. Prince Ed­ward Con­tracted to Isabel, the King of France his Daughter. made the Earl of Lincoln his Proxy to Contract the Espousals with Isabel, the King of France his Daughter. F

While the Bishop of Vicenza was in France, he sollicited the Release of John Baliol King of Scots, by the King of France his Mediation to the Pope, to give it in Charge to the Bishop his Legate, who obtained it, Append. n. 36 and Pryn's, Ed. I. f. 797. A. D. 1299. 27. Ed▪ [...]. and he was delivered to him at Whitsand in France, by Robert de Bourghersh, Kt. Constable of Dover Castle, the King's Proxy, upon Saturday before St. Mary Magdalen's Day, [Page 66] or 22d of July, upon Condition, That the Pope might Direct andKing John Ba­liol delivered to the Pope's Proxy. Order what he pleased, only as to his Person, and the Estate he had in England, as King Edward might have done, if he had been personally with him in England, saving to him and his Heirs, Kings of England, the Kingdom of Scotland, the Men, and Inha­bitants, and all the Appurtenances to that Kingdom; It being there Read and Rehearsed before his Delivery, and in his own presence, and the presence of the Bishop of Vicenza, That he had committed A many Inhuman Trespasses and Treasons against his Sovereign Prince King Edward, contrary to his Homage and Fealty, &c. And that the Pope should not Qrdain or Direct any thing in the Kingdom of Scotland concerning the Men or Inhabitants, or Appurtenances of the same Kingdom, for John Baliol, or his Heirs which are, or may be, or any other Cause whatsoever. And upon these Terms, the Bishop in Name and Stead of the Pope, received him from the King's Proxy, on the said Saturday before the Feast of St. Margaret, B A. D. 1299. and 27th of Ed. I. Certainly at this time the Pope understood not that Scotland was his Fee, as he claimed it two years after.

It may be supposed, that King John Baliol was willing to go anyHis Character of the Scots. whither rather than into his own Country, he having voluntarily, and of his own accord, without the privity of King Edward, by an Append. n. 37. and Pryns, Ed. I. f. 665. Instrument drawn by a Publick Notary the year before, C Renounced Scotland, and Resolved never to come there more, or have to do with it, because he had found such Malice, Fraud, Treason, and Deceit in the Scots, that they had designed to poyson him.

This year Mat. West. f. 431. n. 50. died Two very great Men, Humfry de Bohun, Earl of Essex and Hertfordshire, and Constable of England, and William Beauchamp Earl of Warwick. D

The Scots were this year Troublesome, and the King had sum­moned the Militia of the Kingdom Brevia Re­gis in Jurie Lond. 27 Ed. I. and Pryns, Ed. I. f. 809. The King summons the Militia to go with him into Scotland. The Pope sends a Nun­cio to com­pleat his A­ward. to meet him at Carlisle on the Vigil of Pentecost, to go with him into Scotland upon his own Wages, against his Enemies, and to settle such English as he had there given Lands unto, in them; in the mean time, he re­ceived a Message from the Pope, that he was sending his Nuncio to Mounstreuit in Picardy, where should be a Treaty, to end all E Differences in pursuance of his former Award; This Message was communicated to the Arch-Bishop of Canterbury, other Bishops, Earls, and Barons, who advised him to remain in the South while this Treaty was over, by reason of Debates that might happen in it, which might require speedy Advice, and Resolution, and therefore wrote to all the Sheriffs of England to make Proclamation the Militia should not meet at Carlisle until the first of August. Given at Stabenheth the 7th of May, 27th of Ed. I.A. D. 1299. 27 Ed. I. F

Many of the Nobility and People not being satisfied, or seemed not to be so, that the Perambulations, and setting out the Bounds of the Forests, were not done so speedily as they desired, the King sent Brevia ib. & Pryn, f. 810. The People dissatisfied at the delay of the Perambu­lations of the Forests. Writs to the Sheriffs of all Counties to proclaim and give notice, That the Commissioners for these Perambulations should [Page 67] meet at Northampton at Michaelmass next, with full power to pro­ceed Special Com­missioners ap­pointed to dispatch that Business. in that Business without delay. Dated at Lewis the 25th of June, in the 27th of his Reign.

But this was not thought sufficient, for it was reported andThe People yet not satis­fied. noised abroad, that the King intended not to observe Magna Charta, or the Charter of the Forest, nor would ever suffer the Perambu­lations to be made, and the Bounds of the Forests to be set out, and A therefore the same day he issued a Ibm. and f. 811. The King is­sues a Second Proclamation to quiet them. further Proclamation to give the Causes and Reasons why the Perambulations, &c. could not be made sooner, and to let the World know he was pressed too hard, and not in due manner to do these things, and that those who raised these Reports were malicious People, and desired to cause Differences between him and his Subjects, and to disturb the Peace of the Nation. Dated on the same day, and at the same place. B

In the beginning of September Walsingh. f. 77. n. 10. Mat. Westm. f. 432. n. 10, 20. A. D 1299. 27th of Ed. I. King Edward Married to Margaret, the King of France his. Sister. Margaret, Sister to the King of France, was Conducted into England by the Duke of Burgundy, and Earl of Britan, to whom King Edward was Married on the 12th of this month, in the Cathedral of Canterbury, by the Arch-Bishop. The Wedding was very splendid, and much Foreign Nobi­lity attended the Solemnity. The King's Expectations were every way great from this Match, but it answered them not. C

On the Feast of St. Martin, or 11th of November, says Fol. 77. n. 30. Wal­singham, the King held a Parlement at York, and from thence went to Berwick, intending to proceed further into Scotland, to Relieve Sterling Castle, then besieged by the Scots; but the Noble­menSterling Castle delivered to the Scots. then with the King, informing and pressing him, the boggy and low Grounds were impassable in the Winter Season, divert­ed his Intention, and so as he sent to the Besieged, wanting Victu­als, D to yield the Castle, saving their Lives and Limbs.

At Berwick the King remained until after Christmas, and the Queen at Windsor, but what he did there I find not, other than that he issued his [2] Writs dated at this place December 29th,A Parlement to begin the Second Sunday in Lent. for the calling of a Parlement at London, to meet on the Second Sunday in Lent. E

In which the Charter of the Forest, and Magna Charta, withA. D. 1300. 28 Ed. I. Ar­tic. supra Char­tas in the Pre­amble. In which the Charters, &c. were confirm­ed, and a new Statute made. the Statute of Winchester, were Renewed and Confirmed, and a new Statute made called Articles upon the Charters, Printed in the Statutes at Large, Coke's Second Institutes, and Totel's Magna Char­ta, and then it was ordered they should be published by the Sheriffs four times in the year; For the observation whereof, where there was no Remedy at Common Law, there were Three Knights chosen in every County, summarily to hear and deter­mine F from day to day, all Plaints concerning such as had offended against them (the King's Ministers not excepted) without allowing any delays, allowable by the Common Law, who had power to punish Offenders, by Imprisonment, Ransom, or Amerciament, ac­cording as the Fault required.

[Page 68]To this purpose the King Claus. 28 Ed. I. M. 11. Dors. Three Knights chosen in every County to see the new Statute ob­served. [3] Ibm. M. 8. Dors. Which was to be read and published four times in the year. issued his Writs to all the She­riffs, Coroners, and Communities of Counties in England, to choose Three Knights, to be at York on the Morrow of Ascention, to receive Instructions accordingly; Witness the King at Westminster, March 27th, in the 28th of his Reign. And likewise sent out other [3] Writs to all the Sheriffs in England, by which he Commanded them to Read the Charters, and publish them four A times in the year, on the first County days after Easter, St. John Baptist, Michaelmass, and Christmass, and as much as in them was to see them firmly holden and kept in all their Articles. Wit­ness the King at Westminster, March 28. in the 28th of his Reign.

Within less then three weeks after, he also directed Ib. M. 7. Dors. The Reason why the King granted the Statute called Articles upon the Charters. Writs to all the Sheriffs in England, to let them know, That the People B might be more ready for his Service, and willing to assist him with Subsidies upon Occasion, he had upon special Grace and Favour Granted the Articles upon the Charters, so much to their advan­tage; and Commanded them to proclaim them in the County Court, and all Burghs, and Mercate Towns, within their Counties or Bayliwicks, and to cause them to be firmly observed and per­formed. Witness the King at St. Albans, the 15th of April, in the 28th of his Reign. C

And a fortnight before, he had directed his Ib. M. 8. Dors. He appoints Commissio­ners to make Perambula­tions of the Forests. Writs to se­veral Commissioners in all Counties, where there were Forests, to make Perambulations, and to receive Instructions about them on the Morrow of the Feast of Ascention, with a Charge, that thro' their neglect, they might not remain undone. Witness the King at Westminster, April 1. in the 28th of his Reign. D

Yet all these Writs and Commissions satisfied not the Earls, The Earls and Barons not sa­tisfied with these things. Barons, and others, they still murmured, and pretended, that the Perambulations would not be really made, or speedily performed; Whereupon, as Walsingham saith Fol. 80. n. 10, 20. He calls a Parlement at Stanford. The Earls and Barons came with Horse and Arms. The King grants their Demands., the King held a Parle­ment at Stanford, to which the Earls and Barons came with Force, with intention, as 'twas said, to extort the full Execution of the Charter of the Forest then delayed; Ad quod Parliamentum con­venerunt Comites & Barones eum equis & armis, eo prout dicebatur E proposito, ut executionem Chartae de Foresta hactenus dilatam, extor­querent ad plenum. To whose Will the King condescended, (eo­rum voluntati in omnibus Rex condescendit) and granted what they demanded.

At this time he sent the Statute of Claus. 28 Ed. I. M. 7. Dors. The Statute of Winchester to be pro­claimed, &c. Winchester inclosed to all the Sheriffs in England, as it had been Confirmed and Renewed, (See Articles upon the Charters, Cap. 17th) to be Proclaimed, and F with Command they should see it firmly Observed and Kept, in all and singular its Articles. Witness the King at Stanford, May the Second, in the 28th of his Reign.

[Page 69]Then Eight Days after, Pat. 28 Ed. I. M. 14. The Commis­sion to three Knights, &c. renewed at the Request of the Prelates Earls, and Ba­rons. the King being at St. Edmunds-Bury, at the Request of the Prelates, Earls, Barons, and others, to Quiet (tho' perhaps not Please or Satisfie) them, he renewed his Com­mission to three Knights and others Elected in each County, to see the Articles of the Great Charter, the Charter of the Forest, and Statute of Winchester observed; and to punish all Offences against them, not punishable by the Common Law of the Realm. And this A by speedy Justice and quick Proceedings, upon Complaints from Day to Day, without allowance of such Delays as the Common Law ad­mitted: Yet with a Saving to the Common Law, that it might not hereby receive Prejudice, or any Plea to be holden by these Com­missions that might be Determined by it. Witness the King at St. Edmunds-Bury, May 10. in the 28th of his Reign.

There are two Writs upon the same Roll and Membrane, dated B The Sheriffs to assist these Commissio­ners. And to Swear them faith­fully to Exe­cute their Of­fice. on the same Day, and at the same Place, to the Sheriffs of every County, to be Assistant to these Commissioners, so often as they should give them Notice, and to impower them to Swear the Com­missioners in full County, well and faithfully to Execute their Office.

For the Receiving of the Returns of the Perambulations of theA Parlement called for the receiving the Returns of the Perambulati­ons of the Forest. Forests, and Hearing and Determining all just Exceptions against C them, the King Summoned a Parlement to meet at Lincoln, eight Days after St. Hilary, or 20th of January. Claus. 25. E. I. M. 9. Dors. To meet at Lincoln Eight days after St. Hilary. The Writ to the Sheriff of Cumberland, containing, That whereas of late for the com­common Profit of the People of the Kingdom, he had granted that the Charter of the Forest should be observed in all its Articles, and had assigned Commissioners in every County of England where there were Forests, to make Perambulations, and to make Report to him, before any Execution was done thereon. And for that his Oath, the Right of D the Crown of England, his Reasons and Claims, as also the Right, Rea­sons, and Claims of all others might be safe. He, tho' the Commissio­ners had brought to him what they had done, yet because the Prelates, Earls, Barons, and all other Great Men of the Kingdom, in whose presence he would have his own, and the Reasons of others propounded and heard, according to whose Advice he intended to proceed, especially for that they were bound with him by Oath to Observe and Maintain the Laws or Rights of the Kingdom and his Crown, (Jura Regni & E Coronae Nostrae) were not then present with him. And for that like­wise, those who were to propound their Reasons concerning this Matter, had no notice of it, without whom a good End could not be put to it; and because this Business might be Dispatched without further Delay, willing to have Conference and Treaty with the Prelates, Earls, Barons and Gentlemen aforesaid, and with others of the Com­munity of the Kingdom upon this Affair, and other arduous Matters touching himself, and the state of the Kingdom, he Commanded firm­ly, F The Sheriffs commanded to send to this Parlement the same Knights, Citizens, and Burgesses that were in the last. enjoining him to cause to come before him at his Parlement at Lin­coln, in the Octaves of St. Hilary next coming, two Knights of his Country or Baylywick; That is to say, those which came for the Com­munity of the County by his Precept to the last Parlement, and also the same Citizens, and the same Burgesses, for all the Cities and Burghs within his Bayliwic; and if any of them were Dead, or Infirm, then [Page 70] to cause others to be chosen, and come in their stead, so as that they might be present at the Day and Place aforesaid, with full Power to hear and do, what should be then ordained for the common Profit of the Kingdom: And to cause to be allowed to the same Knights, Citizens, and Burgesses, their reasonable Expences, in coming to, staying at, and going from the Parlement; and further, he commanded the Sheriff pub­lickly to make Proclamation in the County, That all those who would put in any Exceptions against the Perambulations, should appear before A him in Parlement, to shew them. Witness the King at the Rose, September 26. in the 28th Year of his Reign.

This is the Full of the Writ of Summons in English, wherein the Reasons are given why the Perambulations, could not be Re­ceived and Considered sooner. The Writs to the Bishops, Earls, and Barons, were in the same Form and Words as to the Rea­sons, &c. B

In like manner he Ibm. wrote to the Sheriffs of all Counties there particularly named, as well those that had Forests in them, as others, except Cheshire, which then sent no Members to Parle­ment.

He Ibm. M. 2. wrote also to the Commissioners that made the Perambula­tions, to be at this Parlement, and bring with them those Peram­bulations, C and all things that concerned them.

Amidst these importune Pressures of the Nobility, Walsingh. f. 78. N. 20. The K. march­eth into Scot­land with an Army. The Scots de­mand their K. John Baliol, and to Redeem their Lands. Both their Requests de­nied. They appear in a mighty Body, yet fly before the King. the King marched with an Army into Scotland, and coming into Gallowey, the Great Men of the Scots desired him to permit John Baliol peace­ably to Reign over them, and that he would suffer them to Re­deem their Estates of such English as he had given them to, de­claring, if he would not, they would themselves as well as they D could: But he granted neither of their Petitions. Within few Days after, the Scots with their Leaders appeared in a mighty Body, thinking to Surprize the King, and his Army; but he, and his Son marching toward them, they fled to the Hills and Woods.

About this Time, the Scots knowing all things Saleable at Rome, richly Present, or Bribe the Pope, moving him for his Advice and Assistance against their Lord the King of England. Scoti cog­noscentes, E Ibm. N. 30, 40. The Scots ap­ply themselves to the Pope for Advice and Assistance against K. Ed. Romae omnia venalia, Donis Dominum Papam uberri­mis ditaverunt, petentes ab eo Consilium, pariter ac auxilium, contra Dominum suum Regem Angliae. The Pope complies, makes the Archbishop of Canterbury his Legat, sends him Letters to deliver to the King, with order to shew him his Commands. In Ibm. and Mat. West. f. 435, 346, 437. He makes the A. B. of Can­terbury his Le­gate to the King, and by his Letter claims Scotland as the Right of the Church of Rome. which he Claims the Kingdom of Scotland as belonging to the Church of Rome by full Right, (pleno jure;) Requires and Exhorts him in the Name of God, to Discharge out of Prison, and Restore to their F former Liberty, all Bishops, Clercs, and Ecclesiastic Persons, and to remove all his Officers, whom by Force and Fear, he had appointed to Govern that Nation under him, and Willed him, if he pretended any Right to the Kingdom of Scotland, or any Part of it, not to omit to send Commissioners fully instructed, within six Months after the receipt of his Letters, to his presence, he being ready [Page 71] to do him Justice as his beloved Son, and inviolably to observe his Right, if he had any: Bringing back and reserving by the Tenor of these Letters, all Questions, Strifes, Controversies what­soever, between him, the Kingdom of Scotland, the Prelates, Clercs, and Secular Persons, which then had been, were, or might be for the future, to the Cognisance, and Determination of the Roman See; Decreeing it void, if any thing should be attempted to the contrary. Dated at Anagni the 5th of the Calends of July, or A 27th of June, A. D. 1300. in the 28th of Ed. 1.

The Archbishop was full of Obedience, and very quick in re­pairingHe readily o­beys the Pope's Commands. to the King, who was then in Scotland; Ibm Fol. 438. l. 2. in the A. Bishop's Letter to the Pope, or Cer­tificate, what he had done in this Affair. And persuades the King to comply with the Pope's Let­ter. preparing for his Journey immediately upon the Receipt of the Pope's Com­mands, and came to him August 25th, being then at Dinner in the midst of his Army, who appointed him the next Day for the Delivery of the Message, which was done, and the Pope's B Letters presented to the King, before Edward his Son, the Earls, Barons, and Knights of his Army in great Multitude; who causing them to be Read publickly, were patiently heard of all; when the Archbishop (a sure Friend to the Scots) Encouraged the King, and Persuaded him (Ibm. N. 50. in the same Letter. as he says himself) by all Ways and Means he could, or knew, to Obey and Comply with all things in those Letters. Then Ibm. withdrawing by the King's Command, while he Deliberated with his Noblemen, he was called again, and C had this Answer, Fol. 439. N. 10. The King's Answer to the Pope's Letter. That having received the Pope's Admonition, concerning the State of the Kingdom of Scotland, it was the Custom of England, That in such Affairs, all whom these concerned ought to be advised with: And the present Business of Scotland, having Relation to the State and Right of the Kingdom of England, there were many Prelates, Earls, Barons, and Great Men not then with him in the Army, concerned in it, without whose Advice, he could not Answer fully: Yet that he intended as soon as could, to Consult and Delibe­rate D with the Absent as well as Present, and by their common and joint Determination send the Pope an Answer.

And for this Reason, at the same Time and Place, when he issued his Writs for the Calling of a Parlement to meet on the Octaves of St. Hilary, for Receiving of the Perambulations of the Forests, the King wrote also, Claus. 28 Ed. 1. M. 3. Dors. H [...] Sumons many Clergy­men Lawyers to the Parle­ment at Lin­coln. to some of his own Clercs, several Deans of Cathedral Churches, several Archdeacons, Officials, and E others, that had the Best Reputation for Lawyers in those times, to come to this Parlement, for that he would then have special Confe­rence and Treaty with Lawyers, and others of his Council, about the Right and Dominion he and his Ancestors had in the Kingdom of Scotland; and to the same Purpose he Ibm. And sends to the Universi­ties for their best Lawyers. wrote to the Chancellors, and both Ʋniversities, to send to this Parlement the most Expert and Knowing Men in the Written Law, which were sent accord­ingly. And further he sent his Writs Ibm. & M. 3. Dors. to several Deans and F Chapters, to several Abbots, Priors, and their Convents, (the Chief­est of the Nation) to search their Archieves, and send to this Parle­ment To advise a­bout his Title to Scotland. all their Chronicles, in which was to be found any thing con­cerning the Kingdom of Scotland to make good his Title to it.

[Page 72]Upon Reading the Pope's Bull by the King's Order, and truly Interpreting of it to the Barons in Parlement, there was muchThe Resolu­tion of the Ba­rons, with their Letter to the Pope, concerning his Pretences to the King­dom of Scot­land. Debate amongst the Lawyers, whether, how, or after what man­ner this Bull or Letter should be answered, as appears by an old Parlement Roll in the Tower, in the 29th of this King, and truly Printed in Mr. Pryn's Ed. 1. what of it remains, Fol. 885. where­upon it was Resolved by the Barons See this Let­ter in M. West. F. 443. N. 30, 40, &c. Walsi. f. 85. N. 10, 20, 30, &c. Dug­dales Sum­mons to Parle­ments. f. 31, 32, 33, 34. from the Re­cord in the Exchequer; with all the Barons Names, Printed at Oxford in La­tin and Eng­lish 1678. with the Names of the Earls and Barons, the Cuts of their Seals of Arms. to write to the Pope, and let A him know, That in Temporals the Kingdom of Scotland by no man­ner of Right whatever belonged to the Church of Rome at any time; That it was an ancient Fee, or Feudal Right of the Crown and Kings of England, and that the Kingdom and Kings of Scotland, have been Subject only to the Kings of England, and no other; and further, That the Kings of England concerning their Rights in that Kingdom, or other Tempo­ralities have never answered, or ought to answer, before any Ecclesiastic or Secular Judge, by reason of his Royal Dignity, and Custom to the B contrary in all Ages. And to signifie to him, That having diligently considered his Letters, it was, and for the future should be, the com­mon, unanimous, and unshaken Resolution of all and every one of them, That their Lord the King, concerning his Rights in Scotland, or other his Temporal Rights, should in nowise answer judicially before him, or send Proxys or Commissioners to him, especially when it would manifestly tend to the Disinheritance of the Crown of England, and Dignity Royal, and the Notorious Subversion of the State of the Kingdom; to the Pre­judice C of their Liberties, Customs, and Paternal Laws, which by their Oaths they were bound to Observe and Defend, and by the help of God, would maintain them with their whole Force or Power; nor would they permit the King to do such strange and unheard of things, if he should attempt it: Wherefore they Reverently, and Humbly beseech his Holi­ness, favourably to permit the King peaceably to possess his Rights, Li­berties, Customs, and Laws aforesaid, without Diminution or Distur­bance. In Testimony whereof they put to their Seals (104) for them­selves D and the whole Community of the Kingdom. Dated at Lin­coln the 12th of February, A. D. 1301. in the 29th of Ed. 1.A. D. 1301. 29 Ed. 1.

This Business was first Dispatch'd, That as soon as might be, when the six Months after the King had received the Pope's Bull should be Elapsed, in which he had appointed the King to send Commissioners to him, the Pope might receive Satisfaction why they did not come. E

At the same time the Perambulations of the Forests, the main Bu­siness for which this Parlement was called, according to the pur­port of the preceding Writ, were Exhited therein; and as 'tis contained in the Rot. Per­ambulationum Forestar. 29 Ed. 1. in Turr [...]. A. D. 1301. 29 Ed. 1. The Peram­bulations of the Forests Settled and Confirmed. See the Ordi­nance of the Forest made the 33d year of this King, in the Statutes at Large. Record, the Community of the Kingdom Granted the King a Fifteenth Part of their Moveables, they should have at Michaelmas next coming; and he Confirmed them with this Clause, Quod quicquid per istas Perambulationes ponitur extra F Forestam, Remaneat extra Forestam; & Residuum remaneat Foresta, secundam metas & bundas in perpetuum; That is, whatever by these Perambulations was Deforested, should remain so, and what was then allowed to be Forest, according to the Metes and Bounds then set out, should be so for ever. These Letters Patents, or Confirmations of all the Perambulations, bear date at Lincoln, Feb. 14. [Page 73] in the 29th of his Reign. Thus were the two Charters, and the Great Business of the Perambulations of the Forest fully Settled and Confirmed.

When the Laity gave this Fifteenth, Robert Archbishop of Can­terbury The Laity gave a xvth for this Con­firmation. The Arch-Bp. for the Clergy would not do any thing without the Pope's Li­cence. would grant Nothing for the Clergy, not of the Temporalities annexed to the Church, without the Pope's special Licence. Pro hoc confirmationis effectu, concesserunt Comites & Barones Regi quin­tam A decimam partem bonorum suorum mobilium, in Festo Sancti Michae­lis proximo tunc futuro; sed Robertus Archiepiscopus Cantuariensis pro Clero nihil voluit concedere, neque de Temporolitate annexa Ecclesiae, sine Licentia Summi Pontificis speciali, as the Record hath it.

After the Transaction and Settling of these Two great Affairs, those whom the King employed had time from the Chronicles sent to B this Parlement from the Monasteries, to make a See Mat. Westm. f. 439. n. 20, 30, &c. Wals. f. 81, &c. Rot. Claus. 29. Ed. I. M. 10. Dors. Printed in Ryley's Placita Parlia­mentaria, Ap­pend. f. 596. The King's Title to Scot­land sent to the Pope, with a Narrative of the Perfidious­ness of the Scots. Deduction of his Right and Title to Scotland, which was Historical, and al­most the same, but more full and particular than that which was delivered to the Scots when he claimed the Superiority, and direct Dominion over Scotland, in the 19th of his Reign. This was sent in a Letter from the King to the Pope, with a Narrative of the whole Nation of Scotland, having done Homage and sworn Fealty to him, and owned and acknowledged him to be their King C and Supreme Lord several times; and what they had done against their Oaths, invading, burning, spoiling, and wasting England when they thought fit; and also cautioning the Pope against the false Insinuations and Suggestions of the Scots; concluding with a Pe­tetion, That he would have a Paternal Care and Affection to his Royal Rights. Dated at Kemsey, or Kynardesey, the 7th of May, A. D. 1301. if the Year began at Christmas; if on Lady-day, or 25th of March, then 1302. in the 29th of his Reign. D

The King at the Request of the King of France, had granted the Scots a Truce, which was to end at Whitsunday next coming, as says the Claus. 29. Ed. I. Dors. M. —Dugd. Sum­mons to Parl. f. 35. Writ, by which he Summoned the Earls, Barons, and Knights, (such as he pleased) to meet him at Berwic, in the Feast of St. John Baptist, with their Horse and Arms, and to go with him against the Scots, His Rebels, and notorious Traytors, to Repress their Rebellion and Pride; so the Record, Contra Scotos, E Rebelles nostros, & notorie proditores, ad ipsorum Rebellionem, & Pro­terviam reprimendam. This Summons was dated at Lincoln, Feb. 14. in the 29th of Ed. 1. on the same Day he confirmed the Per­ambulations.

This Year, the King made his Eldest Son Edward, Wals. f. 79. n. 10. Matth. West. f. 433. n. 50. Prince of Wales & Earl of Chester. Prince of Wales, and Earl of Chester; with which the Welshmen were well pleased, as being born at Caernarvon in their own Coun­try. F

In Scotland he makes his Pat. 29. Edw. I. M. 2. intus & Claus. 29. Ed. I. M. 3. Dors. Procurators or Proxies to the Pope, Walter Bishop of Litchfield and Coventry, Amadeus Earl of Savoy, Otto de Grandison Kt. and Gerrard Arch-Deacon of Lichfield, to desire him speedily to put an end to all Differences between him [Page 74] and the French King, and to complete the long-deferred Treaty ofK. Edw. sends Procurators to the Pope to complete the Treaty of Peace be­tween him & the K. of From. Peace, according to the Form of his Pronunciation, or Decree, made by virtue of the Compromise unto him; but the Pope was not at leisure. The Commissions, or Procuratory Letters, are dated at Glasco, Aug. 24. in the 29th of his Reign.

The King staid all Winter in Scotland, Wals. £85. n. 50. A. D. [...]301. 30. Ed. I. where many of his Military Men lost their Horses for want of Forage. After Christ­mas A he again, at the Instance of the King of France, Ib. [...]. 86. [...]in. 3. He grants the Scots a Truce. Granted the Scots a Truce until the Feast of All-Saints next coming; and toward the Spring having settled things in Scotland, returned into England.

All the Arguments the King used by Letters and Messages to the Earl of Savoy and Otto de Grandison Claus. 30. Ed. I. M. 15. Dors. Two of the King's Procu­rators to the Pope refuse the Employ­ment., who were best acquainted with the State of his Affairs, and Differences between him and the B King of France, could not persuade them to undertake this Em­bassie, or Procuration to the Pope; and therefore he Ibm. The other two proceed. committed the whole Affair to the Bishop and Arch-Deacon, to hear for him and in his Name the Pope's Pronunciation, Will, and Pleasure, in those things that then were not declared and determined between them, by virtue of the Compromise made by both into his Person. Ibm. Ad audiendum pro nobis & nostro nomine, Pronunciationem vestram, Vo­luntatem, & Beneplacitum super his quae inter Regem Franciae, & nos C per vos (i. e. the Pope) virtute Compromissi, &c. restant pronunciandae & facienda. This Letter and new Commission was directed to the Pope, to give him notice of the Refusal of the First two, the Earl 30. Ed. I. and Knight, and dated at Darlington in the Bishoprick of Duresm, March 5. in the 30th of Edw. I.

In April following Roger le Bigod, Earl of Norfolk and Marshal of England, granted and quiet claimed for his Heirs, Rot. Claus. 30. Ed. I. M. 14. Dors. The Earl-Marshal grants his Lands, &c. to the King and his Heirs. to the D King and his Heirs for ever, All his Castles, Towns, Mannors, Lands, and Tenements in England and Wales, except the Mannors of Sterington, Wylton, Thornton, and Leversham; with the Advou­sons of the Churches, and all other their Appurtenances in the County of York; and the Mannors of Acle and Castre, with their Appurtenances; and the Advouson of the Church of Geldeston in the County of Norfolk, with the Knights Fees, Advousons of Religious Houses and Churches, Hundreds, Honours, Liberties, E and all their Appurtenances, by what Name soever they should be called; so as neither he nor his Heirs, nor any one in his Name, should have any Right or Claim in them. Which Grant was Dated at the Abby of St. John's in Colchester the 12th of April, in the 30th of Ed. I.

He also made a Grant Ibm. Also his Goods. to the King, of all his Goods and Chattels, upon and in those Castles, Mannors, Towns, &c. ex­cept F upon the Mannors and Lands before excepted. Dated at the same Time and Place: And made Letters of Attorney of the same Date, to several Persons in every Ibm. County where he had Lands, to give Livery and Seisin accordingly.

[Page 75]Further, at the same Place, and on the same Day, he restored, remitted, and quiet claimed for him and his Heirs, to the King and his Heirs for ever, all the Ibm. He Releases and gives up his Earldom and Marshal­ship. Right, Honour, and Dominion he had by the Name of Earl in the County of Nor­folk and the Marshalcie of England, with every thing thereunto belonging. A

Lastly, he restored, remitted and quiet claimed the Ibm. Castles of Bristol and Nottingham, which he was to have held for Life by the Grant of the King, so as he, nor any one in his Name, should claim any Right therein. Dated at Fulham, May 15. in the 30th Year of Ed. I.

The Reasons of these Grants and Restorings might be whatThe Reasons why the Earl-Marshal gave the King his Lands, and parted with his Office and Honour. Mat. Westminster reports, (tho' he mistakes the Year) in the 33d of B this King he says he then had a time of Speaking, and that he wa­rily convented the Earl-Marshal, upon a Conspiracy, which the Arch-Bishop of Canterbury, and many Earls and Barons had contrived against him while he was in Flanders; who not being able to con­tradict what the King said, begged his Pardon. For obtaining of which, he made the King Heir of all Things he had: By which means he saved his Life; and the King, as a Reward, added to his Life a Thousand Pounds Land by the Year. Which might be C the Mannors and Lands he had liberty to except. Mat. West. f. 452. lin. 2. He with the A. Bp. and o­thers had con­spired against the King. Et aderat tempus loquendi, Rex convenit cautè Comitem Mareschallium super quo­dam Dedecore, & Conspiratione quam Archiepiscopus Cantuariensis, & plures Comites & Barones contra eum Machinaverant, ipso tunc agente in Flandria, qui nequaquam valens ista contradicere, Gratiam Regis petiit. Pro qua obtinenda, constituit Regem haeredem suum universorum quae habuit, & sic mortem perdidit, & vitam invenit, & Rex Remu­nerans eum, vitae Comitis mille libratas Terrae adaugendo concessit. In D like manner the King convented all the others, one by one, that were in this Conspiracy, and fined or punished them in Sums of Money. Ibm. lin. 8. Similiter Rex singulatim singulos conveniens, qui huic facto consenserant, pecuniaria poena mulctavit.

Yet within this very Year of his Reign, the King Rot. Cart. 30 Ed. I. n. 24. 28, 29. Dugd. Baron. vol. 1. f. 136. col. 1. The King re­grants his Lands, Honor and Office to the Marshal. re­granted the Earldom and Marescalcie of England, with all his Castles, Mannors, and Lands in England and Wales, to him and E his Issue lawfully to be begotten upon the Body of his Wife Alice; and for want of such Issue, to return to the King and his Heirs Dugd. Bar. ib. He died without Issue in the 35th of this King, and the Honour and Estate came into his hands.

Some great Business the King had at this time, that he had fixed in his Mind, and laid much to Heart, for which he sent Peter de Dene Canon of London, and Roger le Sanvage Knight, F to the Pope. Pat. 30. Ed. I M. 12. intus. Pryn's Ed. I. f. 93 The King sen [...] Messen­ge [...]s to Rome upon secret Service. Dilectos & Fideles nostros Petrum de Dene Cano­nicum Londinensem, & Rogerum le Sauvage Militem, pro quibusdam negotiis nostris quae multum insident Cordi nostro & Domini summi Pon­tificis praesentiam destinantes, &c. Joining with them I [...]m. William de Geynsburgh his Lieger at the Court of Rome, and Ibm. writing to M. Cardinal Deacon of New St. Mary in the Porch or Gallery [Page 76] Ibm. (Sanctae Mariae novae in Porticu Diacono Cardinali) to assist them, and effectually promote his Business with the Pope, and for so doing he should always find him ready Pat. 30. Ed. I. M. 12. intus. to do those things which were grateful to him. The same Letters were wrote and di­rected to Six Cardinals more, Four Deacon and Two Priest Cardinals. This Letter is Dated June 13. at Chartham. The Four Deacon Car­dinals were his Pensioners Luke de Flisco, Deacon Cardinal of St. Mary in the Broad way, Sanctae Mariae in via lata Cardinalis A Diaconus. Peter Piperne, Deacon Cardinal of New St. Mary, Sanctae Mariae novae (not in Porticu) Diaconus Cardinalis. William Cardinals the King's Pensi­oners. of Pergamus, Deacon Cardinal of St. Nicholas in the Tullian Pri­son (a Parish in Rome, as they all were) Sancti Nicholai in Car­cere Tulliano Diaconus Cardinalis. Francis Deacon Cardinal of St. Mary in Cosmedyn, Sanctae Mariae in Cosmedyn Diaconus Cardina­lis Ibm.. Who had every one 50 Marks Sterling yearly paid out of the Exchequer by equal Portions at Easter and Michaelmas, for B their Diligence and Sincerity in Transacting his Business.

The King's former Proctors having not done any thing concer­ning the Peace between the Two Kingdoms, he sends others to the Pope, viz. Claus. 30. Ed. I. M. 6. Dors. New Procu­rators sent to the Pope for a final Conclu­sion of the Peace be­tween the two Kingdoms. William de Gainsburgh and H. de Hertpole, Two Friers Minors, and Two of his own Clerks. John de St. Clare, Cannon of London, and Philip Martell, Professor of the Civil Laws, with William de Dene Knight, or any Four or Three of C them, with full Power to give a final Dispatch to this Business, according to the Form of his former Pronunciation or Decree Pat. 30. Ed. I. M. 9. intus. Without ef­fect.. Giving them also in their Commission, or Letters Procuratory, full and free Power, to Demand, Hear, and Receive a total Consum­mation of his Decree, and the Peace to ensue thereupon. Both these Records are Dated at Arundel, Septemb. 9. A. D. 1302. in the 33th of this King. Their Negociation proved also inef­fectual. D

As the Earl Marshal, so Humphry de Bohun, Son and Heir to that Humphry who opposed King Edward in the 25th of his Reign, and doing Homage, had Dugd. Bar. f. 183. col. 1. & Rot. fin. 27. Ed. I. M. 23. The Constable grants all his Lands, Ho­nours, and Of­fice to the King. Livery of his Father's Lands, in the 27th: This Year also granted all his Castles, Towns, Man­nors, Lands and Tenements, Knights Fees, Advousons of Religious Houses and Churches, Hundreds, Honors, Liberties, and all their Appurtenances in England and Wales, to the Ro [...]. Claus. 30 Ed. I. M. 5. Dors. King and his E Heirs for ever, without any Exception or Reservation of any thing to himself. Ibm. The King re­grants them upon Marri­age with his Daughter. And all his Right, Honour, and Domi­nion he had as Earl in the Counties of Hereford and Essex, and the Constableship of England. The Grant is dated at London, the 8th of October, in the 30th of Edw. I. Which upon the Mar­riage of Elizabeth 7th Daughter of Edward I. Widow of John Earl of Holland, Zeland, and Lord of Friseland, were Dugd. ut sup [...]a. Claus. 32 Ed. I. M. 16. Cart. 32 Ed. I. n. 48. John de Sea­grave made Guardian of Scotland. Regranted to him about two years after. F

After the Feast of All-Saints, when the Truce with the Scots was expired, the King sent Wals. f. 86. n. 30. John de Seagrave with an Army into Scotland, Pat. 30. Ed. I. M. 15. making him Governour of Berwick and Guardian of the Kingdom; who marching Wals. f. 87. lin. 3. with a small Party towards Edinburgh, the Scots, who lay in Ambuscado, wounded and [Page 77] took him with several others; but a fresh Party coming up, re­scuedTaken Priso­ner, and res­cued. and took him from those that had him Prisoner.

Next Year, on the 10th of January, A. D. 1303. beginningA. D. 1303. Pryn's Ed. I. 1020 the Year at Christmas (as Walsingham always doth) [3] the King of France, willing to leave the Scots out of the Treaty, and con­clude a Peace with England, King Edward gave his Letters Patents, or Commissions, to Amadeus Earl of Savoy, Henry de Lacy Earl of A Lincoln, and Otto de Grandison, or any Two of them, dated at Odyham, January 10. Pryn's Ed. I▪ f 1020 The Truce with the King of France pro­longed. 31 Ed. I. A Peace be­tween the two Kings. to Prorogue the Truce between him and the King of France, their Kingdoms and Subjects, and to settle a firm and perpetual Peace between them, their Heirs and Successors, against all Persons but the Pope and Church of Rome; and also to the same Persons and Bishop of Worcester gave Commission on the 2d of March in the same Year to the same purpose, who Trea­ting with the Dukes of Burgoine and Britan, and other Commis­sioners B of the King of France, concluded a firm Peace between the Two Kings and their Realms, Ibm. The Scots left out of it. leaving the Scots out of the Treaty. For the Confirmation whereof, the King made his Letters Patents, and Sealed them at the Town of St. John's or Perth in Scotland, June 10. A. D. 1303. in the 31st of his Reign. All the Procura­tions, Patents, and other things concerning this Peace, and the Articles themselves, are in a special Roll in the Tower, which at the writing hereof I could have no opportunity to peruse. C

Upon this Treaty and Peace, Mat. West. f. 446. n. 20. Gascoigny re­stored to King Edward. The Revolt of Flanders the cause of this P [...]ace. Gascoigne was restored to King Edward, with all its Rights and Liberties, as he possessed it before the beginning of the War. The Revolt of Flanders from the Subjection of France (which had been subdued when King Edward, by reason of the Domestick Troubles, and Confusion of his own Affairs at home, was not able to assist the Flemmings) Ibm n. 30. & Mezeray's Hist. Fr. f. 330. con­tributed much to the advancement of this Peace; for the French D attempting to regain Flanders, were every where beaten, and their Armies routed, and in all their Attempts had ill Suc­cess.

This Year the Scots armed again, under the Wals. f. 86. n. 40. f. 87. n. 10. 20. 31 Ed. I. The Scots arm again under W. Wa­leys. They crave Peace; and have their Terms gran­ted. Sterling-Castle besieged. Conduct of William Waleys, and the King summoned his Militia to be at Rox­burgh in Scotland on Whitsunday, from whence by small Marches he went through the whole Kingdom to Cathness, no Force oppo­sing E him. The Scots finding they were not able to resist, sent Mediators, and humbly craved his Peace, and that they might be permitted to compound for their Estates with them to whom they had been given; both which the King granted. In his Return from the North, passing it by as he went, he besieged Sterling-Castle, which was defended against him, and staid all Winter at Dumfermling not far from thence. Mat. Westminster says, the Great Men of Scotland, as well Earls as Barons f. 446. n. 40. 50. Magnates Regni F Scotiae, tam Comites, quam Barones, being wholly reduced and over­come, submitted themselves to the Will of the King of England, who admitted them to his Grace and Mercy, imposing upon them a pecuniary Mulct, appointing them Days and Years, and certain Times for the payment of it.

[Page 78]This Year on the Ibm. f. 447. N. 30. Pope Boniface th [...] 8th dies. 12th of Octob. died with Grief and Anguish of Mind, Pope Boniface VIII. after he had been Walsing. F. 87. N. 20. f. 89. n. 10. Benedict the 11th Chosen. accused by the King of France of Heresie, Simony, and Murder, imprisoned, and plundered of all his Goods; and the Bishop of Ostia was chosen Pope, by the Name of Benedict XI.

After Winter the Ibm. f. 89. N. 40. King went in Person to the Siege of Sterling A Castle, when it was briskly plyed with Engines, yet they within made a good Defence; but being very hard pressed by the Be­siegers, the King being there all the time, the Castle wasSterling Castle yielded upon Discretion. A. D. 1304. 32 Ed. 1. yielded upon Discretion on St. Magaret's Day, or 20th of July, the Governor whereof William Olifard who had surprized it, was sent to the Tower of London, and others to divers Castles.