Part 4

Neuerthelesse the barons being come in forceable wise (as yée haue heard) vnto this parlement, they constreined the earle of Richmond, Arundell, Warren, and Penbroke, to agrée vnto their purpose; and likewise some of the bishops they compelled through feare to take an oth to ioine with them in their purpose, for the expelling of the Spensers out of the realme, and so comming all togither before the king, they published certeine articles against the said Spensers, both the father and sonne, wherevpon they made an award, that they should be disherited and banished the land during their liues, if by the king and consent of all the lords in parlement assembled, they should not be restored. They had day and place appointed where to passe foorth of the land, to wit, at Douer, and not elsewhere, betwixt the daie of his award made, and the feast of the decollation of saint Iohn Baptist, that day to be counted for one. Diuers articles (as before is said) were laid to the charge of those Spensers.

[Sidenote: Articles wherwith the barons charged the Sp[=e]sers.]

1 Amongst other things it was alledged; First that Hugh Spenser the sonne, being on a time angrie and displeased with the king, sought to allie and confederate himselfe with the lord Gifford of Brimesfield, and the lord Richard Gray to haue constreined and forced the king by strong hand to haue followed his will and pleasure.

2 Secondlie it was alledged, that the said Spensers as well the father as the sonne, had caused the king to ride into Glocestershire, to oppresse and destroie the good people of his land, contrarie to the forme of the great charter.

3 Thirdlie, that where the earle of Hereford, and the lord Mortimer of Wigmore, had gone against one Thlewillin Bren, who had raised a rebellion against the king in Glamorganshire, whiles the lands of the earle of Glocester were in the kings hands, the same Thlewillin yéelded himselfe to the said earle, and to the lord Mortimer, who brought him to the king, vpon promise that he should haue the kings pardon, and so the king receiued him. But after that the said earle and lord Mortimer were out of the land, the Spensers taking to them roiall power, tooke the said Thlewillin and led him vnto Kardif, where after that the said Hugh Spenser the sonne had his purpartie of the said earle of Glocesters lands, he caused the said Thlewillin to be drawne, headed and quartered, to the discredit of the king, and of the said earle of Hereford and lord Mortimer, yea and contrarie to the lawes and dignitie of the imperiall crowne.

4 Fourthlie, the said Spensers counselled the king to foreiudge sir Hugh Audlie, sonne to the lord Hugh Audlie, and to take into his hands his castels and possessions. They compassed also to haue atteinted the lord Roger Damorie, that thereby they might haue enioied the whole earledome of Glocester.

These and other articles of misdemeanour in the Spensers were exhibited, to persuade the king and others, that they were vnprofitable members in the common-wealth, and not worthie of those places which they occupied. Now after that their disheriting and banishment was concluded in manner as before is said, the earle of Hereford and other the lords that had prosecuted the quarell against them, came before the king, and humblie on their knées besought him of pardon for all things which they had committed against him, his lawes, or any other person in the pursuit of the said Spensers. The king, being brought into a streict, durst not but grant vnto all that which they requested, establishing the same by statute.

[Sidenote: The king goeth to Canturburie.]

[Sidenote: He commeth to talke with the lord chamberlaine.]

The parlement being thus ended, the king and quéene went to Canturburie, there to visit the shrine of Thomas Becket somtime archbishop there. From thence he went to the Ile of Tenet, that he might méet with his deare & welbeloued councellour Hugh Spenser the yoonger, whome he had of late sent in ambassage vnto the French king, and now being returned by sea into those parts, he was desirous to sée him, that he might haue conference with him: and so comming togither, they spent certeine daies in commoning of such matters as they thought good. The king calling to him the mariners of the cinques ports, committed to them the custodie of the said Hugh, who for a time kept him with them in their ships, and the king sailing alongst the coast to Porchester, conferred with him of manie things.

[Sidenote: The quéene not suffered to lodge in the castell of Léeds.]

From Porchester the king ment to returne vnto London, there to méet the quéene, who in hir returne from Canturburie would haue lodged one night in the castell of Léeds, which the lord Bartholomew de Badelismere late steward of the kings house had by exchange of the king for other lands, and now taking part with the barons, had left his wife and children with other of his fréends and treasure in the same castell. Those that were put in trust with kéeping this castell, would neither permit quéene nor other to enter therein, without expresse commandement from their lord and maister, and so they signified not onelie to the quéenes seruants that came before to make prouision for hir, but also declared the same to hirselfe comming thither in person.

[Sidenote: The king besiegeth the castell of Léeds.]

This chanced verie vnluckilie for the barons: for where the quéene had euer sought to procure peace, loue and concord betwixt the king and his lords, shée tooke such displeasure with this deniall made to hir for one nights lodging in that castell, that vpon hir gréeuous complaint sent to the king, he foorthwith raised a mightie armie out of Kent and Essex, from the cinque ports, and of the Londoners, and hauing with him his brethren, Thomas earle Marshall, and Edmund earle of Kent, also the earls of Richmond, Penbroke, Arundell, and Atholl, he hasted thither, & laid siege about the castell; constreining them within by all meanes that might be deuised.

[Sidenote: The lords came with a power to raise the siege.]

[Sidenote: The castell of Léeds yéelded.]

[Sidenote: Walter Culpepper executed.]

In the meane time, at the suit of the lord Badelismere, the earle of Hereford, and other lords of the confederacie, came with a great power vnto Kingstone, about the feast of Simon and Iude, and there staieng certeine daies for some of their companie that were to come vnto them, they sent vnto the king the archbishop of Canturburie, and the bishop of London, with the earle of Penbroke, requiring him to remooue his siege, till by parlement some order might be taken: but the king would not giue eare to their suit, but continued his siege till the castell was yéelded to him. For those that were at Kingstone cowardlie leuing their enterprise, came not forward, but returned backe againe. They that were within the castell, hauing simplie submitted themselues to the king, caused twelue or thirtéene of them to suffer death. Amongst other was one Walter Culpepper reckoned for the chéefe of them that defended the castell against the king. The wife of the lord Badelismere, with his nephue Bartholomew de Burwash was sent to the tower of London, but his sister was sent to Douer castell, there to remaine in safe kéeping. The castell of Léeds being thus yéelded to the king, he entred the same on All halowes daie, and shortlie after the castell of Chilham was deliuered, and the castell of Tunbridge left void by them that had it in kéeping. The king thus bestirring him, came into Essex, and seized into his hands the lands of the lord Badelismere, and likewise the lands of such as were his mainteiners, abbettors, fréends, fauourers, and furtherers; of the which such as he could méet with he put in prison, and herewith summoned an armie to méet him at Cirencester about saint Lucies day the virgine. And then about saint Andrews tide he came to London, where the archbishop of Canturburie had called a prouinciall councell.

[Sidenote: The lord ch[=a]berleine yéeldeth himselfe to the law.]

At the same time Hugh Spenser the sonne, being latelie come from the sea, yéelded himselfe prisoner to the kings ward, beséeching the king that he might haue right ministred to him, concerning the wrongs and iniuries to him doone by the barons in maner as before ye haue heard, speciallie for the award which in parlement they had procured to be enacted against him, the errours committed in the processe, whereof he besought the king that he might be admitted to shew: as first, in that they made themselues iudges: secondlie, in that he was not called to answer: thirdlie, for that the same award was made without the assent of the prelats, who are péeres of the parlement as well as the temporall lords: fourthlie, in that the said barons had no record in their pursuit vpon the causes conteined in that award: fiftlie, in that the award was made against the forme of the great charter of franchises, wherein is conteined that none shall be foreiudged nor destroied but by lawfull iudgment of his péers, according to the law of the land. Further, he alledged that it was to be considered, how the said barons and great men being summoned to come in due maner vnto that parlement, they came in forceable wise with all their powers. A like petition was also exhibited on the behalfe of Hugh Spenser the father, for redresse to be had of the wrongs and losses, which in like case he had susteined.

[Sidenote: An. Reg. 15.]

[Sidenote: The king asketh the opinions of the prelats.]

[Sidenote: The declaration of the prelats.]

[Sidenote: The declaration of the earles.]

The king fauouring inough the causes and petitions of the Spensers, granted their requests, and deliuered the petitions vnto the archbishop of Canturburie and his suffragans, the which at the same time were there assembled in their prouinciall councell aforesaid, requiring to haue their aduise and opinion therein. He likewise requested of the earles and barons that were then with him, and of the councellors in law, what they thought of this matter. The prelats vpon deliberation had declared that in their opinion, the said award as touching the disheriting and banishing of the Spensers, the father and sonne was erronious, and not rightlie decréed, and for themselues they denied that they either did or could thinke it reason to consent therevnto, and therefore they required that it might be repealed, and the kings brother Edmund earle of Kent, Iohn de Britaine earle of Richmond, Aimer de Valence earle of Penbroke, and Edmund earle of Arundell, then being in presence of the king, and likewise of the foresaid prelats, affirmed that the said award pronounced against the Spensers was made contrarie to law and right, and therefore as the prelats requested, that the same might be repealed.

Further, the said earles alledged, that the assent which they gaue in the said award, was for doubt of the vnlawfull force which the barons brought vnto the said parlement, when they made that award, and for that the said earles that now were with the king, had counselled him to suffer the said award to passe, for feare of the said force, and confessed they had doone euill, and besought him of pardon for their offenses in so doing. The king thus hauing caused the prelats, earles, barons, and lawiers there present to vtter their iudgements in maner aforesaid, he iudiciallie reuoked and quite disanulled the processe of the said award, made as well touching the banishment, as the disheriting of the Spensers, and restored them to his peace and allegiance, and to their former estates, in all conditions as they inioied the same before the making of the said award, notwithstanding certeine letters to the contrarie of the earle of Lancaster, and other lords of his faction, which for the approuing and ratifieng of the said processe they directed vnder their seales to the king as yet remaining at London.

[Sidenote: The barons againe get to armour.]

[Sidenote: The lord saint Iohn.]

They wrote also to the prelats, iustices, and barons of the excheker, to induce the king to giue his assent to that which in the tenor of their letters was conteined. The earle of Hereford, the lord Roger Mortimer of Cherke, & the lord Roger Mortimer of Wigmore, entring the marches of Wales, came to Glocester, and tooke that citie. The castell was also deliuered vnto them by the constable thereof. The king hauing his people comming dailie vnto him, whereby his armie was hugelie increased, about the feast of saint Nicholas he set foorth from London, and with him there went his brother Edmund earle of Kent, Iohn earle of Richmond, Edmund earle of Arundell, and manie other great lords and barons. The quéene with hir children he left in the tower of London. The lord Iohn de saint Iohn comming to submit himselfe vnto the king, at the intercession of diuerse noble men, with much adoo had his pardon at length granted him.

[Sidenote: The lord Tieis.]

[Sidenote: Cirencester.]

[Sidenote: The K. writeth to the erle of Lancaster.]

The king passing forward, seized into his hands the townes, castels, manors, and goods of them that were against him. But in the meane time the lord Henrie de Tieis, with certeine other that were entred into Glocestershire (hearing that a great multitude of people was assembled out of the countrie of Cirencester by the kings commandement) came thither and chased them home to their houses, putting them in feare of their liues, if they should offer to resist him. The king comming to Crikelade after the feast of saint Lucie the virgin, wrote to the earle of Lancaster an answer of his letters, which he had receiued from him at London, modestlie reprouing him, for that he had so gréeuouslie and vndutifullie reproched him, without respect had to his roiall estate, and also presumed to assigne a daie within the which he should reforme those things which he misliked in him, as if he were his subiect and vnderling, & beside this was now ioined with his aduersaries against him, where on his behalfe there had béene no let nor staie at any time, but that they might be fréends & remaine in quiet togither. Wherein though he did more than stood with the dignitie of his roiall title, in somuch as he had the earles life at his commandement, yet for that he tollerated such insolencie of behauiour, as was vnséemelie to be shewed against the person of his prince, the kings clemencie and patience is highlie therein to be commended; though his forbearing and séeking means of quietnesse did neuer a whit amend the malignant mind of the earle, whose hart was so inchanted with ambition and supereminent honour, that he quite forgat this good lesson of submission and due allegiance,

Vt nequeas lædi maiori semper obedi.

[Sidenote: The K. kéepeth his Christmasse at Crikelade. Earles that came to the king to Crikeland.]

[Sidenote: 1322.]

[Sidenote: The Scots inuade Northumberland. Castels taken by the Welshmen.]

From Crikelade the king went to Cirencester, where he held the feast of Christmasse, the earles of Norffolke, Penbroke, Surrie, and other great lords comming thither to ioine their powers with his. Thither came also a great strength of footmen, part of the which vnder the leading of one Robert Aquarij a right famous capteine, tooke the castell of Bromfield, those that had the kéeping of it fléeing foorth of it. The king comming to Worcester about Newyeres tide, caused the walles of the citie to be repared, committing the custodie thereof vnto William de Longchampe. After the Epiphanie he passed on the side of Seuerne towards Shrewsburie, where, at his comming thither he was honourablie receiued by the burgesses that came foorth to méet him in armor, and so conueied him into their towne being stronglie fensed. In this meane time the Scots now that the truce was ended, entring with a strong power into England, destroied all the countrie to Newcastell vpon Tine with fire and sword. The Welshmen with their capteine Griffin Loitis tooke the castels in Wales, which were kept by the people of the lord Mortimer the elder. They tooke also the castels of Mole, Chirke, and Olono, the kéepers whereof comming vnto the king to Shrewsburie submitted themselues to him, who shortlie after sent them to the tower of London. The lord Hugh Audelie the elder, the lord Iohn de Hastings, and diuerse other comming in, and submitting themselues to the king were likewise committed to ward. The lord Roger Damorie entring into the citie of Worcester destroied all that which the K. had appointed to be doone, about the fortification thereof.

[Sidenote: The earle of L[=a]caster writeth to the erle of Hereford.]

[Sidenote: The earle of Hereford c[=o]meth to ioine with the earle of Lancester.]

The earle of Lancaster lieng at Pomfret, and hearing of all this businesse, wrote to the earle of Hereford, and other lords that were with him, that they should make hast to come to him at Pomfret, promising from thencefoorth to be their generall and leader. The earle of Hereford reioising at these newes, togither with all those that were about him, leauing Glocester and all other strengths which they held in those parts, set forward to passe through the middest of the realme, spoiling by the way mens cattell and goods verie disorderlie, and so came through to the earle of Lancaster. The king getting into his hands all the castels of his aduersaries in those parts, went to Hereford, where he was honorablie receiued of the cleargie and citizens. His armie increased dailie, many comming in vnto him, that before durst not for feare of his aduersaries. The bishop of Hereford was sharplie checked, bicause he had taken part with the kings enimies.

[Sidenote: The lord Berkley submitteth himselfe to the K.]

[Sidenote: They appointed to méet at Couentrie.]

[Sidenote: _Wil. Sutton._]

[Sidenote: Killingworth holden against the K. Tikehil castle besieged. Letters intercepted.]

The king sent from hence the lord Iohn Hastings into Southwales, to take in his name the seizine of the castels belonging to the earle of Hereford, the lord Roger Damorie, and the lord Hugh Spenser the yoonger, which the barons had the last yeare got into their hands, all which being now taken to the kings vse, were furnished with faithfull garrisons. ¶ The king, after this, comming to Glocester, condemned the shiriffe of Hereford to be hanged, for that he had taken part against him with the barons. The lord Maurice Berkley came to the king to Glocester, submitting himselfe to the kings pleasure. After this the king came by Weston vnder edge towards Couentrie, where he had appointed as well such as he had latlie licenced to depart to their homes to refresh themselues for a time, as also diuerse other, to assemble with their powers to go with him from thence against his aduersaries. The day of this assemblie was the friday next after the first sundaie in Lent. The king from Couentrie went to Meriuall, and there lodged in the abbeie for his more ease, writing to William Sutton vnder-constable of Warwike castell, commanding him to be attendant on the shiriffe of Warwike, in helping him to watch the entries and issues to and from the castell of Killingworth that was holden against him. In the meane time certeine of the lords that were gone to the earle of Lancaster besieged Tickehill castell fiftéene daies togither, but preuailed not.

[Sidenote: King Arthur a name feined of purpose.]

There were letters intercepted about the same time, which a messenger brought foorth of Scotland, thrée closed and thrée open, for there were six in all. The king sent them to the archbishop of Canturburie, who by his commandement published them in open audience at London. The first was closed with the seale of the lord Thomas Randulfe earle of Murrie, lord of Annandale and of Man, lieutenant to Robert le Bruce king of Scotland, which conteined a safe conduct for sir Thomas Topcliue chapleine, and one to be associate with him to come into Scotland, and to returne from thence in safetie. The second was sealed with the seale of sir Iames Dowglas for a like safe conduct for the same persons. The third was closed with the seale of the said earle of Murrie for the safe conduct of the lord Iohn de Mowbraie, and the lord Iohn de Clifford, and fortie horsses with their pages for their safe comming vnto the said erle into Scotland, and for their abiding there and returning backe. The fourth was closed with the seale of Iames Dowglas, directed to king Arthur. The fift was closed with the seale of Iames Dowglas directed vnto the lord Rafe Neuill. The sixt had no direction, but the tenour thereof was this as followeth.

The tenour of the said sixt letter lacking a direction.

You shall vnderstand my lord, that the communication before hand had is now brought to effect. For the earle of Hereford, the lords Roger Damorie, Hugh de Audelie the yoonger, Bartholomew de Badelismere, Roger de Clifford, Iohn Gifford, Henrie Teis, Thomas Manduit, Iohn de Willington, and all other are come to Pomfret and are readie to make you good assurance, so that you will perform couenant with them, to wit for your comming to aid vs, and to go with vs into England and Wales, to liue and die with vs in our quarell. We therefore beséech you to assigne vs day and place, where we may méet, and we will be readie to accomplish fullie our businesse: and we beséech you to make vs a safe conduct for thirtie horsses, that we may in safetie come to your parts.

* * * * *

[Sidenote: _Record Tur._]

[Sidenote: The king setteth forward towards his enimies.]

[Sidenote: He made a proclamation.]

The king, when such earles and lords as he had licenced for a time were returned (his brother the earle of Northfolke excepted) & that the most part of those men of warre were assembled that had summons, although diuerse came not at all; about the first sundaie in Lent he set forward towards his enimies, hauing with him to the number of sixtéene hundred men of armes on horssebacke, and footmen innumerable; with this power passing foorth towards his aduersaries, he caused proclamation to be made, that he was readie to receiue all men to his peace, that would come and submit themselues, those excepted which had béene at the siege of Tikehill castell, or at the taking of the citie of Glocester, or at the inuasion made vpon his men at Bridgenorth.

[Sidenote: Burton vpon Trent.]

[Sidenote: The earle of Surrie.]

[Sidenote: Peraduenture at Wichnore.]

At his comming to a little village called Caldwell, he sent afore him certeine bands to Burton vpon Trent, where he ment to haue lodged: but the earles of Lancaster and Hereford, the lords Roger Damorie, Hugh Audelie the yonger, Iohn de Mowbraie, Bartholomew de Badelismere, Roger de Clifford, Iohn Gifford de Bremesfield, Henrie Tieis, and many other, being gotten thither before, kept the bridge, and assailing the kings people which he had thus sent before, some of them they slue, and some they wounded, so defending the bridge, that none could passe, and by reason that the waters, and speciallie the riuer of Trent through abundance of raine that was latelie fallen, were raised, there was no meane to passe by the foords, wherevpon the king was constreined to staie the space of thrée daies, in which meane time, the earles and their complices fortified the bridge at Burton, with barriers and such like defenses, after the maner of warre, but the king at length vpon deliberate aduise taken how to passe the riuer, ordeined that the earle of Surrie with certeine armed men, should go ouer by a bridge that was thrée miles distant from Burton, that he might come vpon the backes of the enimies, as they were fighting with those that should assaile them afront.

[Sidenote: The earles of Richmond & Penbroke.]

[Sidenote: Robert Aquarie.]

[Sidenote: The K. passeth by a foord.]