other than the kings of England, and the kings of England haue answered
or ought to answer for their rights in the foresaid relme, or for anie
his temporalities before anie iudge ecclesiasticall or secular, by
reason of frée preheminence of the state of his roiall dignitie and
custome kept without breach at all times. Wherefore, after treatie had,
and diligent deliberation of the contents in your foresaid letters,
this was the common agréement & consent with one mind, and shall be
without faile in time to come by Gods grace, that our foresaid lord
the king ought by no meanes to answer in iudgement in any case, or
should bring his foresaid rights into doubt, nor ought not to send any
proctors or messengers to your presence, speciallie séeing that the
premises tend manifestlie to the disheriting of the right of the crowne
of England, and the plaine ouerthrowe of the state of the said realme,
and also hurt of the liberties, customes and lawes of our fathers, for
the kéeping & defense of which we are bound by the duetie of the oth
made, and we will mainteine them with all power, and will defend them
(by Gods helpe) with all strength; and furthermore, will not suffer our
foresaid lord the king to doo or by anie means attempt the premisses
being so vnaccustomed, vnwont, and not hard of afore. Wherefore we
reuerentlie and humblie beséech your holinesse, that yée would suffer
the same our lord king of England, (who among other princes of the
world sheweth himselfe catholike and deuout to the Romish church)
quietlie to inioy his rights, liberties, customes, and lawes aforesaid;
without all impairing and trouble, and let them continue vntouched. In
witnesse whereof, we haue set our seales to these presents, as well
for vs, as for the whole communaltie of the foresaid relme of England.
Dated at Lincolne the twelfth of Februarie, in the yeare of our Lord
1301, Et anno Edwardi primi 29.
* * * * *
[Sidenote: The K. goeth to Scotland.]
[Sidenote: An. Reg. 30.]
[Sidenote: 1302.]
[Sidenote: A truce granted to the Scots.]
The pope when he heard and deliberatelie pondered the kings answer,
with this letter directed to him from the English barons, waxed cold in
the matter, and followed it no further. The truce betwixt the king and
the Scots being once expired, the king assembled his armie, and went
into Scotland, about the feast of saint Iohn Baptist, and tarieng there
all the summer and winter following, his souldiers lost manie of their
great horsses for lacke of forrage, which could not be gotten in the
cold winter season. He kept his Christmas at Lithquo, and at length at
the request and sute of his brother in law the French king, he granted
eftsoones a truce to the Scotishmen, vntill the feast of All saints
next insuing.
[Sidenote: The king returneth into England.]
[Sidenote: The pope exhorteth the K. of England to make war against
Fr[=a]ce.]
Then hauing ordered his business for that time in Scotland, he returned
into England, and about midlent called a parlement at London. Also
this yéere pope Boniface vpon displeasure conceiued against the French
king, sent vnto king Edward, exhorting him to make warres against the
same French king, and to persuade him the more easilie therevnto, he
promised him great aid: but the king of England hauing prooued the said
pope, not the surest man in friendship towards him, forbare to attempt
anie forceable exploit against the French king, trusting by some other
meanes to recouer his right.
[Sidenote: The deceasse of the earle of Hereford.]
[Sidenote: _Re. Tur._]
[Sidenote: Tournies prohibited.]
[Sidenote: Townes restored to the K. in Gascoine.]
This yéere Humfrey Bohun earle of Hereford departed out of this life,
after whome succéeded his sonne Humfrey, who afterwards maried the
kings daughter, Elizabeth countesse of Holland, after that hir first
husband was dead. Tournies, iustes, barriers, and other warlike
exercises, which yoong lords and gentlemen had appointed to exercise
for their pastime in diuerse parts of the realme, were forbidden by
the kings proclamations sent downe to be published by the shirifs in
euerie countie abroad in the realme: the teste of the writ was from
Westminster the sixtéenth of Iulie. ¶ The citizens of Burdeaux could
not bare the yoke of the French bondage, and therefore this yéere about
Christmasse expelled them out of their citie. ¶ Shortlie after the
French king doubting least the king of England, by the setting on of
the pope, should make warres against him for wrongfull deteining of
Gascoine, to purchase his fauor, restored to him all that which he held
in Gascoine, and so then they of Burdeaux also submitted themselues to
the king of England of their owne accord.
[Sidenote: _Polydor._]
[Sidenote: The lord Segraue s[=e]t with an armie into Scotland.]
[Sidenote: _Abington._]
[Sidenote: _Polydor._]
Now after that the truce with the Scots was expired, which tooke end at
the feast of All saints last past, the king sent the lord Iohn Segraue,
a right valiant knight (but not so circumspect in his gouernment as
was necessarie) with a great armie into Scotland, to haue the rule
of the land as lord warden of the same: with him was ioined also
Rafe Confreie, treasurer of the armie. These two capteins comming to
the borders, and hearing that the Scotishmen alreadie were in armes,
they entered into Scotland, and in order of battell passed foorth to
Edenburgh, and hearing nothing of their enimies which kept them still
in the mounteins, they deuided their armie into thrée seuerall battels,
two of the which came behind the fore ward vnder the leading of the
said Rafe Confreie, the third (that is to say) the fore ward, the
lord Segraue led himselfe, in such order that there was the distance
of foure miles betwixt their lodgings. This they did to be the more
plentiouslie serued of vittels.
But the Scots vnderstanding this order of their enimies, became the
more hardie, and therevpon hauing knowledge where the lord Segraue was
lodged with his companie, a good way off from the other two parts of
the armie, they hasted forwards in the night season, and came néere
vnto the place where the same lord Segraue was incamped, a little
before daie, making themselues readie to assaile the Englishmen in
their campe. But the lord Segraue hauing knowledge of their comming,
though he was counselled by some of them that were about him, either
to withdraw vnto the other battels, or else to send vnto them to come
to his aid, he would follow neither of both the waies; but like a
capteine more hardie than wise in this point, disposed his companies
which he had there in order to fight, and incouraging them to plaie the
men, immediatlie vpon the rising of the sunne, and that his enimies
approched, he caused the trumpets to sound to the battell, and gaue
therewith the onset.
[Sidenote: The English men vanquished by the Scots.]
[Sidenote: _Abington._]
[Sidenote: Rafe C[=o]freie was slaine at this incounter, as _Abington_
saith.]
[Sidenote: _N. Triuet._]
[Sidenote: The earle Marshall resigneth his lands vnto the king.]
The fight was sore and doubtfull for a while, till the Englishmen
ouercome with the multitude of their enimies began to be slaine on
ech side, so that few escaped by flight. To the number of twentie
worthie knights were taken, with their capteine the said lord Segraue
being sore wounded, but he was by chance rescued and deliuered out
of the enimies hands, by certeine horssemen, which vnder the leading
of the lord Robert Neuell a right valiant knight (vpon hearing the
noise of them that fled) came on the spurs out of the next campe to
the succour of their fellowes. Rafe Confreie after this mishap (as
Polydor saithe) brought backe the residue of the armie into England,
not thinking it necessarie to attempt any further enterprise at that
time against the enimies, ouermatching him both in strength and number.
This incounter chanced on the first sundaie in Lent. ¶ I remember the
Scotish chronicles conteine much more of this enterprise greatlie to
their glorie, and more (haplie) than is true, as by conferring the
place where they intreat of it, with this that I haue here exemplified
out of our writers it may well appeare. The earle marshall hauing
spent largelie whilest he stood in contention against the king, who
was now earnestlie called vpon to repaie such summes of monie as he
had borowed of his brother Iohn Bigod, who was verie rich by reason
of such benifices and spirituall liuings as he had in his hands, the
earle bicause he had no children, to whom he might leaue his lands,
meant to haue left them vnto his said brother: but when he saw him
so importunate in calling for the debts which he owght him; he tooke
such displeasure therewith, that to obteine the kings fauour, and to
disappoint his brother of the inheritance, he gaue vnto the king all
his possessions, vpon condition that the king adding thereto other
lands in value woorth a thousand markes by yeare, should restore
them to him againe to inioy during his life, the remainder after his
deceasse to come vnto the king, and further, the king should paie and
discharge him of all his debts.
[Sidenote: A subsidie.]
[Sidenote: The king goeth in person into Scotland.]
[Sidenote: Cathnes.]
[Sidenote: The Scots submit themselues to the king.]
King Edward being aduertised of the losse which his men had susteined
in Scotland, streightwaies called a parlement, wherein by assent of
the states a subsidie was granted, towards the maintenance of his
warres, and then the same being leuied he assembled his people, and
shortlie after about Whitsuntide entred into Scotland to reuenge
the death of his men. The Scots hearing of the kings comming, fled
into the mounteins, mosses, and marish grounds, not once shewing any
countenance to fight any set battell with the English host, so that
the king in maner without resistance passed through the countrie euen
vnto Cathnes, which is the furthest part of all Scotland. Manie of the
Scots perceiuing their lacke of power to resist the English puissance,
came to king Edward, and submitted themselues, with condition that they
should inioy their lands which he had giuen awaie to his lords, they
redéeming the same with conuenient fines, which was granted.
[Sidenote: _Abington._]
[Sidenote: William Waleis.]
[Sidenote: _Polydor._]
[Sidenote: _Hect. Boetius._]
[Sidenote: _Ia. Meir._]
[Sidenote: An. Reg. 32.]
[Sidenote: Striueling castell besieged.]
[Sidenote: _Abington._]
[Sidenote: 1304.]
[Sidenote: Enging to cast stones.]
But Will. Waleis with certeine other, kéeping themselues in places
where no armie could come to pursue them, would neuer giue eare to any
conditions of agréement: so that neither with feare, neither with offer
of rewards could this Waleis be induced to follow or behold the English
K. ruling the realme of Scotland. King Edward returning backe, came to
the castell of Striueling (which the Scotishmen held against him) and
besieged it. The king himselfe laie at Dunfersing the most part of the
winter: and whilest he laie there, the quéene which had lien a long
time at Tinmouth came to him, and when the winter was once past, the
king himselfe came to the siege, and caused certeine engins of wood
to be raised vp against the castell, which shot off stones of two or
thrée hundred weight: but yet would not they within once talke of any
surrender. And where the Englishmen filled the ditches with wood and
boughs of trées, they set the same on fire, and burnt them to ashes:
at length the ditches were filled with stones and earth, so that then
the Scots within perceiuing themselues in euident perill to loose the
castell, on saint Margarets daie they yéelded themselues simplie into
the kings hands, as the English writers affirme, though the Scotish
writers record the contrarie.
[Sidenote: _Polydor._]
[Sidenote: _Tho. Wals._]
[Sidenote: The earle of Penbroke lord warden of Scotland.]
[Sidenote: _N. Triuet._]
[Sidenote: _Polydor._]
[Sidenote: A fiftéenth granted.]
Finallie, when the king had ordered all his businesse in Scotland at
his pleasure, he returned into England leauing in Scotland for warden
the lord Iohn Segraue, or (as other writers haue) sir Aimer de Valence
earle of Penbroke. At his comming to Yorke he caused the iustices of
his bench, and the barons of the excheker to remoue with their courts,
and all their clearks and officers, togither with the lord chancellor
and his court to London, that the termes might be kept there, as in
times past they had béene, whereas now the same had remained at Yorke
aboue the space of six yeares, vpon this consideration, that the king
and his councell might be néere vnto Scotland to prouide for the
defense thereof, as occasion from time to time should require. From
Yorke he came to Lincolne, and there remained all the winter, holding
a councell, in the which he eftsoones confirmed the articles of Magna
charta, touching the liberties, priuileges and immunities of his
subiects, the which to declare their thankfull minds towards him for
the same, granted to him for the space of one yéere the fiftéenth part
of all their reuenues. Others write that the king had in this yeare of
citizens and of the burgesses of good townes, the sixt penie according
to the valued rate of their goods.
[Sidenote: The deceasse of the archbishop of Yorke.]
[Sidenote: Wil. Gréenefield made archbishop of Yorke.]
[Sidenote: Robert Bruce earle of Carrike departeth this life.]
[Sidenote: _N. Triuet._]
[Sidenote: Inquisitions taken of the misdemeanors of iustices.]
[Sidenote: _Caxton._]
[Sidenote: Iustices fined.]
About the same time, Thomas Colebrugh or Corbridge archbishop of Yorke
departed this life, and one William Gréenefield doctour of both the
lawes succéeded him. ¶ There died about the same time that valiant
knight the lord W. Latimer. ¶ Also Iohn Warren earle of Surrey and
Sussex died this yéere & was buried at Lewes. His nephue by his son
(named also Iohn) succéeded him, obteining to wife the kings néece by
his daughter Elianor that was married to the earle of Bar, as before
ye haue heard. Likewise Robert Bruce earle of Carrike, the fift of
that name died this yeare, who was father to that Robert Bruce that
was after K. of Scots. ¶ Moreouer, about this season the king ordeined
certeine commissioners of iusticiaries, to make inquisitions through
the realme, by the verdict of substantiall iuries vpon all officers,
as maiors, shiriffes, bailiffes, exchetors, and other that had
misused themselues in their offices, either by extortion, briberie,
or otherwise, to the gréeuance of the people, contrarie to that they
rightlie might doo and iustifie by vertue of their offices: by meanes
of which inquisitions manie were accused and found culpable, and
therevpon put to gréeuous fines.
[Sidenote: _Matth. Westm._]
[Sidenote: Intrusions punished, and other offenses against the kings
peace and iustice.]
[Sidenote: Forfeits.]
[Sidenote: _Nic. Triuet._]
[Sidenote: Traile baston.]
Also the iustices, which were assigned to take these inquisitions,
extended the same according to their commission against such as had
made intrusions into other mens lands, and for doubt to be impleaded
for the same had made alienations ouer into the hands of great men;
also against such barretors as vsed to take monie to beat any man, and
againe would not sticke to take monie of him whom they had so beaten,
to beat him that first hired them to beat the other. The malice of such
maner people was now restreined by force of these inquisitions: for
such as were found culpable, were worthilie punished, some by death,
and some by ransoms: diuerse also for feare to come to their answers
fled the realme: also forfeits against the crowne were streightlie
looked vnto, found out, and leuied; by reason whereof great summes
of monie came to the kings coffers, which holpe well towards the
maintenance and charges of his warres. This kind of inquisition was
named commonlie Traile baston, which signifieth, Traile or draw the
staffe. And forsomuch as the procéeding in this wise against such
misdemenors as then were vsed, brought so great a benefit to the realme
in restreining such malefactors, which greatlie (as should séeme)
disquieted the state of the commonwealth, I haue thought good to set
downe the substance of the same, as followeth.
An extract of the foresaid writ, as it is registred in the booke that
belonged to the abbeie of Abington.
Rex dilectis & fidelibus suis, Radulfo filio Wilhelmi, & Iohanni de
Barton de Riton salutem. Quia quàm plures malefactores, & pacis nostræ
perturbatores, homicidia, deprædationes, incendia, & alia damna quàm
plurima nocte diéq; perpetrantes, vagantur in boscis, parcis, & alijs
locis diuersis, tam infra libertates quàm extra, in comitatu Eoracensi,
& ibidem receptantur in maximum periculum tam hominum per partes illas
transeuntium, quàm ibidem commorantium, in nostri contemptum, ac pacis
nostræ læsionem manifestam, vt accepimus: per quorum incursum poterunt
peiora peioribus de facili euenire, nisi remedium super hoc citiùs
apponatur, nos eorum malitiæ in hac parte obuiare, & huiusmodi damnis
& periculis præcauere volentes, assignamus vos ad inquirendum per
sacramentum tam militum quàm aliorum proborum & legalium hominum, de
contemptu prædicto, tam infra libertates quàm extra, per quos ipsa
veritas meliùs sciri poterit, qui sint illi malefactores & pacis
nostræ perturbatores, & eos conduxerunt & conducunt ad verberandum,
vulnerandum, malè tractand[=u], & interficiendum, plures de regno
nostro in ferijs, mercarijs, & alijs locis in dicto comitatu, pro
inimicitia, inuidia, aut malitia. Et etiam pro eò quòd in assisis
iuratis, recognitionibus, & inquisitionibus factis de felonijs
positi fuerant, & veritatem dixerunt: vnde per conditionem huiusmodi
malefactorum, iuratores assisarum, iurationum, recognitionum, &
inquisitionum illarum, pro timore dictorum malefactorum, & eorum
minarum, sæpiùs veritatem dicere, seu dictos malefactores indictare
minimè ausi fuerunt, & sunt. Et ad inquirendum de illis qui huiusmodi
munera dederunt, & dant, & quantum, & quibus, & qui huiusmodi munera
receperunt, & à quibus & qualiter, & quo modo, & qui huiusmodi
malefactores fouent, nutriunt, & manutenent in comitatu prædicto, & ad
ipsos malefactores tam per vos, quàm per vicecomitem nostrum comitatus
prædicti arrestandos, & prisonæ nostræ liberandos, & saluò & securè
in eadem per vicecomitem comitatus prædicti custodiendos, ita quòd ab
eadem prisona nullo modo deliberentur, sine mandato nostro speciali.
Et ideo vobis mandamus, quòd ad certos diem & locum, quos ad hoc
prouideritis, inquisitiones illas faciatis. Et assumpto vobiscum
sufficienti passe comitatus prædicti, si necesse fuerit, dictos
malefactores coram vobis sic indictatos, arrestetis, & ipsos prisonæ
nostræ liberetis, in forma prædicta: & etiam omnia bona, & catalla
ipsorum malefactorum qui se subtraxerint, & fugam fecerint, postquam
de felonijs aliquibus coram vobis solenniter indictati fuerint, per
vicecomitem comitatus prædicti, in manum nostram capiatis, & ea ad opus
nostrum saluò custodire faciatis, donec aliud inde vobis præceperimus.
Mandamus enim vicecomiti nostro comitatus prædicti, quòd ad certos diem
& locum, quos vos prouidere duxeritis, venire faciat, coram vobis tot
& tales, tam milites quàm alios, quos habere decreueritis, de comitatu
illo, tam infra libertates, quàm extra, per quos ipsa veritas meliùs
sciri poterit, & inquiri. Et quòd omnes illos quos per inquisitionem
culpabiles inuenire contigerit, & quos vos sic liberaueritis, à
nobis recipiantur & quorum nomina eis scire faciatis, assumpto secum
sufficienti posse comitatus prædicti, sine dilatione arrestari, & in
prisona nostra saluò & securè custodire faciat in forma prædicta, &
communitati dicti comitatus, quod simul cum vicecomite prædicto, vobis
quotienscúnq; opus fuerit in præmissis pareat, assistat, & intendat,
prout eis iniungetis ex parte nostra. In cuius rei testimonium, &c. ¶
Héerevnto were annexed certeine articles by way of instructions, of
what points they should inquire, as partlie aboue is noted out of the
addition to Matthew West., but not so fullie, as in the said chronicle
of Abington is found expressed, and héere for bréefenesse omitted.
* * * * *
[Sidenote: An. Reg. 33.]
[Sidenote: 1305.]
[Sidenote: Prince Edward c[=o]mited to ward.]
[Sidenote: _Caxton._]
[Sidenote: _Fabian._]
[Sidenote: William Waleis taken & put to death.]
[Sidenote: _Rich. South._]
In the thrée and thirtith yeare of his reigne, king Edward put his
sonne prince Edward in prison, bicause that he had riotouslie broken
the parke of Walter Langton bishop of Chester; and bicause the prince
had doone this déed by the procurement of a lewd and wanton person,
one Péers Gauaston an esquire of Gascoine, the king banished him the
realme, least the prince, who delighted much in his companie, might
by his euill and wanton counsell fall to euill and naughtie rule.
Moreouer, the same yeare, William Waleis was taken, and deliuered
vnto king Edward, who caused him to be brought to London, where
on S. Bartholmewes euen, he was conueied through the stréets vnto
Westminster, and there arreigned of hie treason, and condemned, and
therevpon hanged, drawne and quartered, his head was set ouer London
bridge, his right side ouer the bridge at Newcastell vpon Tine, his
left side was sent to Berwike and there set vp, his right leg was sent
to S. Iohns towne, and his left vnto Aberden, in which places the same
were set vp for an example of terror to others.
[Sidenote: _N. Triuet._]
[Sidenote: Flemings banished the land, at contemplation of the king of
France.]
[Sidenote: _Abington._]
[Sidenote: The archbishop of Canturburie accused by the K.]
[Sidenote: _Nic. Triuet._]
[Sidenote: He is suspended.]
Also, about the same time, the king of France required the king of
England by messengers and letters sent vnto him, that he would banish
all the Flemings out of his realme, in like manner as at his instance
he had latelie before banished all the Scotishmen out of France. The
king of England was contented so to doo, and by that means were all
the Flemings auoided out of this land at that season, but shortlie
after, they returned againe. King Edward accused Robert archbishop
of Canturburie vnto the pope, for that he should go about to trouble
the quiet state of the realme, and to defend and succour rebellious
persons, wherevpon the said archbishop being cited to the popes
consistorie, was suspended from executing his office, till he should
purge himselfe by order of law, of such crimes as were laid and
obiected against him. The king also obteined an absolution of the pope,
of the oth which against his will he had taken, for the obseruing of
the liberties exacted by force of him, by the earls and barons of his
realme, namelie, touching disforrestings to be made.
[Sidenote: An. Reg. 34.]
[Sidenote: 1306.]
[Sidenote: Iohn lord Comin slaine by Robert Bruce.]
[Sidenote: The countesse of Boughan set the crowne on Robert Bruce his
head.]
[Sidenote: She is taken.]
[Sidenote: Hir punishment.]