Part 13
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.]
This yeare, Robert Bruce, contriuing waies how to make himselfe king of Scotland, the nine & twentith day of Ianuarie, slue the lord Iohn Comin at Dunfrice, whilest the kings iustices were sitting in iudgement within the castell there, and vpon the day of the Annunciation of our ladie, caused himselfe to be crowned king of Scotland at Scone, where the countesse of Boughan, that was secretlie departed from hir husband the earle of Boughan, and had taken with hir all his great horsses, was readie to set the crowne vpon R. Bruces head, in absence of hir brother the earle of Fife, to whom (being in England) soiourning at his manor of Whitwike in Leicestershire, that office of right apperteined. This countesse being afterwards taken the same yeare by the Englishmen, where other would haue had hir put to death, the king would not grant thervnto, but commanded that she should be put in a cage made of wood, which was set vpon the walles of the castell of Berwike, that all such as passed by might behold hir; too slender a punishment for so great an offense. But the king counted it no honour to be seuere against that sex whom nature tendereth, though malefactors, and therfore was content with a mild correction tending rather to some shame than smart, to recompense hir offense, whereby she procured against hir selfe no lesse reproch than she susteined, agréeable to the old saieng,
Sæpe suum proprium fecit puer ipse flagellum.
[Sidenote: An armie sent into Scotland.]
[Sidenote: Prince Edward made knight.]
[Sidenote: Thrée hundred saith _Matth. West._]
[Sidenote: Prince Edward sent into Scotland.]
There were present at his coronation foure bishops, fiue earles, and a great multitude of people of the land. Immediatlie vpon the newes brought to the king of Bruces coronation, he sent foorth a power of men, vnder the conduct of the earle of Penbroke, and of the lord Henrie Percie, the lord Robert Clifford, and others, to resist the attempts of the Scots, now readie to worke some mischéefe, through the incouragement of the new king. Edward prince of Wales was made knight this yeare at London vpon Witsundaie, & a great number of other yoong bachelers with him (297 as Abington writeth) the which were sent streightwaies with the said prince towards Scotland, to ioine with the earle of Penbroke, to resist the attempts of the new king Robert le Bruce and his complices. King Edward himselfe followed. The generall assemblie of the armie was appointed at Carleill, fiftéene daies after the Natiuitie of saint Iohn Baptist, from thence to march foorth vnder the guiding of the prince into Scotland.
[Sidenote: Robert Bruce.]
[Sidenote: _Abington._]
[Sidenote: It was the next sundaie after midsummer daie.]
[Sidenote: Rob. Bruce put to flight by the earle of Penbroke.]
In the meane time, Robert le Bruce went abroad in the countries of Scotland, receiued the homages of manie Scotishmen, and got togither an armie of men, with the which he approched néere to saint Iohns towne, into the which the earle of Penbroke was a little before entred to defend it, with thrée hundred men of armes, beside footmen. Then R. Bruce sent to the earle to come out and giue battell, the earle sent vnto him word againe, that he would not fight that daie being sundaie, but vpon the next morow he would satisfie his request. Robert Bruce herevpon withdrew a mile backe from the towne, determining to rest himselfe and his people that night. About euening tide came the earle foorth of the towne with his people in order of battell, and assailing his enimies vpon a sudden, slue diuerse yer they could get their armour on their backs. Robert Bruce and others that had some space to arme themselues made some resistance for a while, but at length the Englishmen put them to the worsse, so that they were constreined to flée.
[Sidenote: Rob. Bruce fled into Kentire.]
[Sidenote: His wife and brother are taken.]
[Sidenote: The earle of Atholl taken.]
[Sidenote: _Fabian._]
[Sidenote: _Nic. Triuet._]
[Sidenote: _Matth. West._]
The earle following the chase, pursued them euen into Kentire, not resting till he vnderstood that a great number of them were gotten into a castell, which he besieged, in hope to haue found Robert Bruce within it, but he was fled further into the countrie. Howbeit, his wife and his brother Nigell or Neall, with diuerse other were taken in this castell, and sent in safetie vnto Berwike. Also shortlie after, the earle of Atholl was taken, being fled out of the same castell. ¶ But some write, that this earle was taken in the battell last remembred, after long fight and great slaughter of Scots, to the number of seuen thousand, and also that in the chase, the lord Simon de Friseill was taken, with the bishops of saint Andrews and Glasco, the abbat of Scone, and the said earle of Atholl, named sir Iohn Chambres. The bishops and abbat, king Edward sent vnto pope Innocent, with report of their periurie: but others write, that the foresaid bishops and abbat being taken indéed the same yeare, were brought into England, and there kept as prisoners within sundrie castels.
[Sidenote: Bruces wife whose daughter she was.]
[Sidenote: The saieng of Robert Bruces wife.]
The wife of Robert le Bruce being daughter to the earle of Vlster, was sent vnto the manour of Brustwike, and there honorablie vsed, hauing a conuenient number of seruants appointed to wait on hir. The earle of Vlster hir father, in the beginning of these last wars, sent vnto king Edward two of his owne sonnes to remaine with him, in such wise as he should thinke conuenient, to assure himselfe of him, that he would attempt nothing against the English subjects. Also it was said, that the ladie hirselfe, the same daie hir husband and she should be crowned, said, that she feared they should proue but as a summer king and quéene, such as in countrie townes the yoong folks choose for sport to danse about maipoles. For these causes was she the more courteouslie vsed at the kings hands, as reason no lesse required.
[Sidenote: _Polydor._]
[Sidenote: _Nic. Triuet._]
[Sidenote: _Matth. West._]
[Sidenote: Methfen.]
[Sidenote: The castell of Lochdore taken, and Christopher Seiton within it.]
It should appeare by Robert Fabian, that the king was present himselfe at this battell: but other affirme, that prince Edward was there as generall and not his father, and that the battell was fought at Dunchell vpon the riuer of Tay. But neither the Scotish chronicles nor Nicholas Triuet (whom in the historie of this king Edward the first, we haue most followed) make any mention, that either the king or prince should be at the foresaid battell, but that the earle of Penbroke with Robert lord Clifford, and Henrie lord Percie were sent before (as ye haue alreadie heard) with an armie, by whome as appeareth this victorie was obteined, at a place called Methfen. After this was the castell of Lochdore taken, and within it Christopher Seiton, that had married the sister of Robert le Bruce; and bicause he was no Scot but an Englishman borne, the king commanded that he should be led vnto Dunfrise, where he had killed one of the kings knights, and there to be hanged, drawen and quartered.
[Sidenote: _Nic. Triuet._]
[Sidenote: He is executed.]
[Sidenote: His lands giuen awaie by the king.]
[Sidenote: The lands of Rob. Bruce giuen awaie.]
[Sidenote: The earle of Hereford.]
[Sidenote: Lord Clifford.]
[Sidenote: The lord H[=e]rie Percie.]
[Sidenote: Rafe de M[=o]thermer.]
The wife of this Christopher Seiton, he appointed to be kept in the monasterie of Thixell in Lindsey; and the daughter of Robert le Bruce, which was also taken about the same time, was sent to the monasterie of Waiton. Moreouer, the manour of Seiton in Whitebestroud he gaue vnto the lord Edmund de Mauley, and those other lands that belonged vnto the said Christopher Seiton in Northumberland he gaue vnto the lord William Latimer. The lands that belonged to the new Scotish king he bestowed in this wise, to Henrie Bohun earle of Hereford, which had married one of king Edwards daughters, he gaue the lordships of Annandale; Hert & Hertnes he gaue vnto the lord Robert Clifford, sauing alwaies the right yet that belonged to the church of Durham, Totenham, and Totenhamshire; and the maner of Wrothell in the south parts he gaue to other noble men; and the earledome of Carrike which R. Bruce had holden, as by inheritance from his mother, the king gaue to the lord Henrie Percie, the earledome of Atholl he gaue to Rafe de Monthermer earle of Glocester, who had also married (as before yée haue heard) an other of the kings daughters, after the decesse of hir first husband Gilbert de Clare earle of Glocester.
[Sidenote: The L. Percie put to flight by the Scotish king Bruce.]
[Sidenote: Nigell or Neall Bruce condemned and executed.]
[Sidenote: The earle of Atholl executed.]
About the feast of saint Michaell, the new Scotish king Robert le Bruce returned foorth of the Iles (into the which he had fled) with manie Irishmen and Scots in his companie, and remained a certeine time in Kentire, he sent certeine of his officers, to leuie and gather vp the rents of the fermes due at the feast of saint Martine for such lands and possessions as they held in that countrie, wherof the lord Percie being aduertised, hasted thither; but the new king comming vpon him, slue certeine of his men, tooke his horsses and plate, with other things, and droue him into a castell, within the which he besieged him, till at length by a power sent from king Edward, Bruce was constreined to depart. The king in this meane time was come to Lauercost néere to Carleill, and there remained a long time. From thence he sent his iustices vnto Berwike, where they sate in iudgement vpon Nigell Bruce, and the other prisoners taken with him, which were condemned to die, and so they were hanged, drawen and quartered. The earle of Atholl was conueied to London, and although he sued for pardon in respect of that he was of kin to the king, yet was he hanged vpon a gibbet higher than all the residue, his bodie burned vnder the same gibbet, and his head first cut off, was set vpon a pole ouer London bridge for example sake that traitors should looke for no pardon.
[Sidenote: The summes of monie which the pope had of the archbish. of Yorke.]
The elect archbishop of Yorke William Gréenefield was confirmed this yeare by pope Clement the fift, at the citie of Lions in France, where the same pope was crowned about the same time, and held his court there, liuing chéeflie by the monie which he got of bishops that came to him for their confirmations: he had of the said archbishop of Yorke within one yeare, nine thousand and 500 markes, besides the expenses which he was at whilest he laie there, and so when this archbishop was returned into England, through pouertie he was driuen to gather monie of the persons, préests, and religious men within his prouince at two sundrie times in one yeare, as first, in name of a courtesie and gratious beneuolence, and the second time by waie of an aid.
[Sidenote: The great reuenues of Anthonie B. of Durham.]
Moreouer, pope Clement ordeined Anthonie bishop of Durham, patriarch of Ierusalem, dispensing with him, so as he held still the bishoprike of Durham, notwithstanding his other promotion; and this was, bicause the bishop was rich, and the pope poore. For this bishop might dispend in yearelie reuenues by purchases & inheritances, besides that belonged to his miter, aboue fiue thousand marks, and he gaue great rewards to the pope, and to his cardinals, by means whereof he obteined in suit against the prior of Durham, so that he had the charge and ouersight of the monasterie of Durham, both the spirituall gouernement and temporall, through informing the pope, that the prior was not able in discretion to rule the house. At his returning home, he caused a crosse of siluer and gilt, adorned with an image of the crucifix, to be borne afore him.
[Sidenote: He is kept out of the abbeie at Durham.]
[Sidenote: He is summoned to appéere before the K. and refuseth.]
But where he appointed certeine persons as his deputies to enter into the priorie of Durham, and to take charge thereof in place of the prior, the moonks shut the gates against them, appealing to the pope, and pretending the kings protection, which they had purchased. But those that thus came in the bishops name, accursed the moonks, & so departed. The king héerewith was highlie offended, so that he caused them to answer the matter afore the iustices of his bench, and for their presumption in pronouncing the cursse, without making the king priuie to their dooings, they were put to their fines. And whereas the bishop was summoned to appeare before the king in person at a certeine daie, he made default, and departing out of the realme, got backe againe to the pope, contrarie to the kings prohibition: wherevpon the liberties of the sée of Durham were seized into the kings hands, and the king placed his iustices and chancellor there, and in the yeare next insuing, he exacted of the tenants of the archbishoprike, the thirtéenth penie of their goods, and otherwise vexed them with sundrie talages.
[Sidenote: The conclusion of the strife betwixt the bishop and moonks of Durham.]
[Sidenote: Bernards castell giuen to the earle of Warwike.]
The conclusion of this matter was this, that the prior was cited by the pope, to appeare at his consistorie, whither he went, hauing the kings letters in his fauour directed to the pope; wherevpon, when the pope had examined the matter, and heard the prior speake in his owne person, he perceiued him to be otherwise than he was informed (a sober and discréet man) and therefore restored him againe to the gouernment of his house; but he remained in the popes court, till after the kings death, and finallie died there himselfe in the yeare 1307. But now to returne to other dooings of king Edward. We find, that whilest he lay still at Lauercost, he gaue to the earle of Warwike Bernards castell, the which he had by escheat, through forfeiture thereof made by Iohn Balioll late king of Scotland. He also tooke and seized into his hands Penreth with the appurtenances.
[Sidenote: An. Reg. 35.]
[Sidenote: 1307.]
[Sidenote: A parlement at Carleill. William Testa the popes chapleine inhibited to leuie monie.]
[Sidenote: _Abington._]
In the octaues of S. Hilarie, the king held a parlement at Carleill, in the which, by the péeres of the realme, great complaint was made of the oppressions doone to churches, abbeies, and monasteries, by reason of paiments latelie raised and taxed by one maister William or Guilelmo Testa the popes chapleine. Commandement therefore was giuen to the same chapleine, that from thencefoorth he should not leauie anie such paiments; and for further remedie, messengers were made foorth vnto the pope, to declare vnto him the inconuenience thereof. This Testa was sent from pope Clement into England with bulles, in the contents whereof it appeared, that the pope had reserued to himselfe the first fruits of one yeares reuenues of euerie benefice that fell void by anie manner of meanes within the realme of England, Scotland, Wales, and Ireland, and likewise of all abbeies, priories, and monasteries; so that it may well be said of him & his retinue, according to the processe of all their actions, as it was said of old,
Curia Romana non quærit ouem sine lana.
But the king and lords of the land thought it against reason, that the pope should take and receiue the profits of those abbeies and monasteries, which had béene founded by their predecessors for the seruice of God, and the maintenance of almesdéeds, and good hospitalitie to be kept: and so the pope changed his purpose, touching abbeies, but granting to the K. the tenth of the English churches for two yéers, he obteined the first fruits of the same churches for himselfe, as before he required. In the same parlement were statutes made concerning religious men, which had their head and chéefest houses in forren regions.
[Sidenote: A statute against the religious persons.]
[Sidenote: _N. Triuet._]
[Sidenote: Petrus Hispanus a cardinall sent fr[=o] the pope.]
[Sidenote: The cause of his comming.]
[Sidenote: _Matth. West._]
[Sidenote: His demand of monie of religious houses.]
[Sidenote: The cardinall preacheth.]
[Sidenote: He accursed Rob. Bruce.]
[Sidenote: _Nic. Triuet._]