words of the lord the king, in the presence of the lord Ralph, son of Nicholas, Godfrey de Cramcumbe, the brother of G. and others; and the lord the king still has many things to be proposed and alledged against him, which, for the perusal, he reserves in his mind to propose when it shall please him and occasion shall serve." This he positively denies, as against his lord, and against all others, who shall say it, and this he will maintain in any manner that his peers shall adjudge, and all the premises at the restoration of peace were pardoned to him, and remitted in law; wherefore it does not appear that he is liable to be questioned at law, concerning the premises; and if, in any of the matters aforesaid, he has answered insufficiently, the earl is ready to tremely effeminate, violent towards those about about him, et prorsus inutilis amplexibus alicujus ingenna mulieris.

make further answer.

Moreover it appears to

him, that he is not liable to answer, unless rcstitution be made to him, of all his goods whereof he has been disseised, since no man is held liable to answer in a secular or ecclesiastical court, while disseised of his property. A day was given to the same Hubert, before our lord the king, for hearing his Sentence on the morrow of the beheading of St. John.M. Paris says, that Hubert sufficiently proved his innocence, to all who heard him, in spite of all the exertions, on the part of the king, to establish his guilt; but yet that, to appease the king's anger and rancour against the Earl, it was adjudged, that the Earl should resign to the king four of his castles of which he was particularly fond; namely, Blanch, Grosmund, in Wales, Skenefrith, and Hatfield.-For more particulars of the history of this Hubert de Burgh, Brady's History may be consulted. See also 1 Cobbett's Parl. Hist. 12, 13.

3. Proceedings against PIERS GAVESTON, 35 Ed. I. 5 Ed. II. A. D. 1307. [Cl. 35 Ed. I. M. 13. Dors. Rot. Parl. 5 Ed. II. Brady's Hist.] IN the time of the last parliament of king Ed- prebends and vacant benefices, which were of ward the 1st, held at Carlisle in the last year his collation or presentation, and dispose of of his reign, notice being taken of the great wardships and marriages which might happen familiarity there was between the prince and in his absence. The king's partiality to GavePiers de Gaveston, and what influence he had ston occasioned great discontent and many upon, and power over the prince; but whether contests between the king and his barons. In upon the king's own observation, or their press- the fifth year of his reign, it was, among other ing him to it (I find not) nor for what parti- ordinances against Gaveston, ordained in parcular reasons, on the 26th of February at La- liament and confirmed by the king: nercost by the king's order and command (not on his death-bed as commonly storied) he was banished England, and to be ready to quit it at Dover, three weeks after the turnament or justs, which should be 15 days after Easter next coming, and not to return without the king's leave, and calling him back; and for the performance of this order, monsieur Piers at the day and place aforesaid, made oath upon the Body of God, (i. e. the consecrated host) the old cross, and the king's other reliques; and the prince of Wales made oath in like manner, That he would not receive, retain, or permit the said Piers to be with him contrary to this order, unless he was recalled by, and had leave from his father to return; and for his subsistence beyond sea, so long as he staid there, monsieur Piers had allowed him an 100 marks sterling by the year out of the revenues of Gascony. On the death of Edward the 1st he returned to England, and was re-king and crown; that he maintained robbers. ceived with great favour by king Edward the 2nd, who made him earl of Cornwall, constituted bim his guardian and lieutenant of the kingdom, for the better conservation of the peace and quiet thereof, while he should be beyond the seas, or during his pleasure. And he gave him power to grant Licences of choosing pastors of cathedral and conventual churches, to take their fealties when elected and confirmed, and restore the temporalities, to give

"For that by the examination of prelates, earls, barous, knights, and other good people of the realm, it was found that Piers de Gaveston had evilly counselled the king, and had inticed him to do ill in divers manners; that he cheated the king of his treasure, and sent it beyond sca; that he accroached to himself royal power and dignity, in making alliances with people upon oath, to live and die with him against all men; that he put from the king good officers, and placed about him those of his covin and party, as well strangers as others; that he estranged the king's heart from his liege people, so as he despised their counsels; that he caused the king to grant lands, tenements, and offices to himself and his heirs, and divers other people, to the great damage and injury of the king and his crown; that he caused blank charters to be sealed with the great seal, in deceit and disinheritance of the

and murderers, causing the king to pardon them; that king Edward, the father of the present king, ordered him to forswear the realm of England, and directed that his son the present king should for ever forswear his company; and for several other reasons, as the nourishing of concord between the king and his people, and the eschewing of many perilsand discords, it was ordained the said Piers should for ever be exiled out of England, Scots

and of our lord the king, for the profit of him peril of him, the crown and the kingdom.-5. and his realm, and to maintain peace amongst Also to attain to their wickedness, covetoushis people and the estate of the crown, the pre-ness, and disinheriting the great men, and delates, earls, barons, and other peers of the land struction of the people, they put out good and and commons of the realm, do shew against agreeable ministers placed by assent, and put sir Hugh le Despenser, father and son, That in others false and wicked of their party, who Whereas sir Hugh the son at the parliament at will not suffer right to be done as sheriffs, esYork was named, and it was there agreed he cheators, constables of castles, and make justishould be chamberlain to the king; in which ces not understanding the law, as sir Hugh the parliament it was agreed, That certain prelates father, sir Ralph Basset, sir Ralph Camois, and and other great men should be with the king sir John Inge, and others their friends; who by turns, at several seasons of the year, the caused to be indicted, by false jurors of their better to advise him, without whom no great alliance, the peers of the land, as the earl of business ought to pass. The said sir Hugh the Hereford, M. Giffard of Brimmesfield, and M. son, drawing to him his father, who was not by Robert de Monshall, and other good people, to order of parliament to be near the king, or to get their lands.-6. Also they falsly and malibe one of those counsellors, between them both ciously advised the king to raise arms against have usurped royal power over the king and his people in Glocestershire, contrary to the his ministers, and the government of the king- Great Charter, and the award of the peers of dom, to the dishonour of the king, the injury the land, and by their false and evil counsel, of the crown, and destruction of the kingdom, would have made war in the land for their own great men, and people; and have done the proper quarrel, to the destruction of Holy wickednesses under-written, in contriving to Church and the people.-7. Also whereas the turn the heart of the king from the peers of the earl of Hereford, and the lord of Wigmore (i. e. land, that they may have the sole government Mortimer) by the king's command were assignthereof.-1. That sir Hugh the son made a Billed to make war upon Lhewelin Bren, who had or writing, whereby he would have had sir John Gifford of Brimmesfield, sir Richard de Greye, and others, entered into a Confederacy to have forced the king to do what he would have him; and had almost done it. The tenour of the Bill is under-written.-2. Homage and the oath of allegiance is more by reason of the crown than of the person of the king, and bound him more to the crown than the person; and this appeared, for that before the crown descends, there is no allegiance due to the person expectant. Wherefore in case the king carries not himself by reason, in right of the crown, his lieges are bound by oath made to the crown to remove the king and the state of the crown by reason; and otherwise the oath ought not to be kept. Then it was demanded, whether the king was to be dealt with by suit of law, or by rigour (par suit de loy ou par aspertee;) by suit of law it could not be, for he had no judge. In which case, if the king's will be not according to reason, and that he maintains nothing but error; therefore to save their oath, and when the king will not redress what is injurious to the people, they must proceed with rigour; for he is bound by oath to govern his lieges, and his lieges are bound to govern in aid of him, and in default of him.-3. Also upon the application of the great men and people unto him, his answer was according to the pleasure of these two, in turning the king from his duty against his oath, and the hearts of the great men and people against their liege lord.-4. Also by their evil contrivance, they will not suffer the great men of the realm nor good counsellors to speak with, or come near the king to advise him, nor the king to speak to them, unless in their presence and hearing, or of one of them, and when they please; they usurping royal power and sovereignty over the person of the king, to the great dishonour and

levied war against him in Glamorganshire, when the earl of Gloucester's lands, by reason of his death, were in the king's hand; and Lhewelin had rendered himself into the lords hands to the king's grace and pleasure, and upon that condi→ tion delivered him to the king, who received him accordingly; but when these lords were out of the country, these two, the father and son, usurping royal power, took Lhewelin and carried him to Cardiff, after that sir Hugh the younger was seized thereof (as of his share of the earl of Gloucester's estate, one of whose daughters and heirs he had married) pretending to a jurisdiction, where none was in this case; and there caused him to be drawn, hanged, beheaded, and quartered, feloniously for things done in the time of king Henry: and also took upon them royal power and jurisdiction, which was appendant to the crown, in disheritance of the crown, and dishonour of the king, the said lords of Hereford and Mortimer, and in ill example and great peril in the like case in time to come.-8. Also they ill advised the king to take into his hands the lands and goods of sir Hugh Audely the son, who was forejudged without due process, contrary to the law of the land, by the covetousness of the said Hugh to get some of those lands; and by other false compassments contrived to have the lands of sir Roger Dammory, and for having him attainted for entering into Gloucestershire, in disheritance of the peers of the land.—9. Álso that whereas the king had granted by his letters patents to the earl of Warwick in full par liament at Westminster, That after his death his executors should have his lands until his heir was of age; which grant, after the earl's death, was confirmed by the king at Lincoln, at the request and assent of the peers of the land in parliament, the said sir Hugh the father procured his son to cause the king to repeal

this grant without cause, and to give to the After they had by force obtained these things, said Hugh the father, for his own profit, the and in this manner, they bethought themselves guard of those lands; and also had defeated of some security for what they had done, setby evil counsel what the king had granted in ting forth, That they could not be obtained by his parliaments by good advice, and by assent process of law, for that the two Despensers of the peers of the land, to the dishonour of usurping royal power, and having the king and the king, and against right and reason.-10. his ministers, and the direction of the law at Also, that they would not suffer the king to their devotion, or in their power, the great take reasonable fines of the peers of the land men of the land made a Confederacy by oath, and others, when they entered and received writing, and in other manner, without the king's their fees, as it had been used before that time: leave; and then they and others, with horse but by covetousness, to get such lands by the and arms, marched against others, with the royal power they had gained, they caused undue king's and their own arms displayed, and took impeachments to be brought, surmising the and seized upon castles, towns, manors, lands, land was forfeit, as of sir John de Mowbray for tenements, goods and chattels of the king's the lands of Gower, and of others, to the da- liege subjects; and others of them they took mage and dishonour of the king, and contrary and imprisoned, others they ransomed, and to the law of the land, in disheritance of the some they killed, and did many other things, great men and others. Also making the king in destroying the said Hugh and Hugh, and do against his oath in parliament.-11. Also their allies and others, in England, Wales, and by wicked covetousness and power royal they the Marches, of which some may be called will not suffer the king to hear or do right to felonies; which things having been so done by the great men, upon what they presented to necessity, ought not to be taken notice of, or him, for himself and themselves touching the punished by law, nor can be without great disheriting the crown and them touching the trouble or hazard of war. These great men pray lands which were the Templers. Also by the king for peace sake, for the assuaging of anusurped power royal they governed the king, ger and rancour, and making unity in the land, his council, and his prelates, that in matters and that he may more entirely have the hearts concerning them and their friends, or which and good will of his people to defend his own they undertook, no right could be obtained but countries, and offend his enemies; that it might according to their pleasure; to the damage and be accorded and assented to in full parliament, dishonour of the king, the peril of his oath, and by the king, prelates, earls,barons, and commous disheritance and destruction to the people of (& la comon de royalm) that no great men of his realm.-12. Also bishops, abbots, and priors the realm, Prelate, Earl, Baron, Kuight, Clerk, elect, who ought to be received of the king or Esquire for the Confederacy made by oath, when duly elected, cannot come near him, nor writing, or in other manner, or for riding with speak with him to obtain his favour, until they the king's, or other arms displayed, nor for the have agreed and made fine with sir Hugh the taking, possessing, or detaining of castles, son according to his pleasure; nor any that towns, manors, lands, tenements, goods, or had any grant to ask of the king could obtain chattels, the taking, imprisoning, and ransomit, before they had made fine with him.-Which ing the king's liege-people, or for killing of wickednesses are notorious and truc, as it is men, other robberies, felonies, or other things found by the examination of the earls, barons, done against the king's peace, which may be and other peers of the land: Wherefore we judged trespasses or felonies, from the begin peers of the land, earls and barons, in the pre-ning of the world to that day; and other peosence of our lord the king, do award, That Hugh le Despenser the son, and Hugh le Despenser the father, shall be disherited for ever, as disheriters of the crown, and enemies to the king and his people, and to be banished the kingdom of England, never to return again, unless it be by the assent of the king, and by the assent of the prelates, earls, and barons in parliament duly summoned;' to avoid the realm between that time and the feast of the decollation of St. John Baptist, or 29th of August next coming; and if found in England after that day, or if they returned after that day, then to be done unto as to the enemies of the king and kingdom."-This in the printed copy is called, Exilium Hugonis le Despenser, patri &filii; the Banishment of Hugh Despenser, father and son.

ple of what condition soever they were, for the trespasses and felonies aforesaid committed since Candlemas last past to that day, should not be impeached, grieved, or molested at the suit of the king or any other. But of all such things, by this statute and accord should be quit for ever, saving to every one, except the said Hugh and Hugh, their right to demand and recover their frank tenement, and their right, without punishment from the king, or giving damages to the party. And also, That it may be granted by the king in the said parliament, that if any earl, baron, or any great man, for themselves or others, whom they shall name to the chancellor, between this and St. Michael next coming, will have the king's pardon of sute of the peace, or what pertains to him, of all manner of felonies and trespasses done contrary to the peace; or of disobediences, contempts, conspiracies, confederations, privy covenants, and obligations, made against the king, should have their charter of pardon,

without paying fees in the Chancery; and that enter upon all his lands to destroy thein, and all such writings where-ever found to be null. with the same power and force to besiege his This was granted, and hath this title in print, towns and castles, and took them by force, and Ne quis occasionetur pro feloniis seu transgres-killed part of his people, sir John Iwayn, Matsionibus factis in prosecutione Hugonis le Des-thew de Gorges, and about 15 other Welshpenser, patris & filii, That no man may be prosecuted for the felonies and transgressions committed in the prosecution of Hugh Despenser father and son: and there follows a charter of pardon granted to the earl of Hereford, according to this accord; dated the 20th of August next following, then in the 15th year of his reign.

In December following, Hugh Despenser, the younger, applied himself to the king for the repeal of his exile, who committed him to prison, and sent his petition to the archbishop of Canterbury, the other bishops and clergy being then in a provincial synod at London, to advise about, and give him their sense upon it, who judged the award, as to the exile and disinheritance, erroneous, against right, and obtained by force, without their consent, as peers of the land, and therefore advised and prayed the king to repeal, and make it null for ever; which was done, and the king granted him his protection and safe conduct, for his person and estate, by his letters patents, dated at Westminster, the 8th of December in the 15th of his reign.

men; and part they maimed, as sir Philip Joce; and part they took and imprisoned, as sir Ralph de Gorges, who was then in prison, M. Philip Joce, sir John de Fresingfield, sir John de Dunstable, William de Dunstable, and many others, which they freed upon ransom ; and they took, carried, and drove away his goods and chattels found in his towns and castles; that is to say, 40 war horses, and armour for 200 men completely armed, and other warlike engines and implements, and victuals, wheat, wine, honey, salt, flesh, fish, and other victuals, to the value of 2,000l and burnt all his charters, remembrances, and monuments they could find, to his loss 2,000l. They also burnt part of the gates of his castles, and houses, and took the irons out of the windows, and leads of the houses, &c. and carried them away, to the damage of 2,000, and then names ten castles in Wales, and the Marches, which they took and destroyed; and with the same force and power, they stayed in his lands totally to destroy them about. 15 days, in which time they forced the greatest part of all the country to On the 14th of March, in the 15th of his swear to be of their party, and those that reign, the king at Derby issued his summons would not, they imprisoned, put to ransom, and for a parliament to be holden at York three burnt their houses and goods; and in the weeks after Easter next coming, into which same time they robbed and plundered him of parliament upon the petitions of Hugh De- all the moveables in and upon his manors, 60 spencer, the father and son, (notwithstanding large working mares with colts and foals of the son's had been reversed before) was two years, 160 heifers, 400 oxen, 500 cows, brought before the king, the process and award with their breed for two years, 10,000 sheep, for their disheritance and exile, and upon 400 hogs, and all other necessary things found shewing the errors in them, they were both upon them, as carts, ploughs, vessels, all these revoked and made null.-"Whereas lately at they took, drove, and carried away (without our parliament summoned at Westminster to leaving any thing) from his manors, lands, meet three weeks after the nativity of St. John and towns in Wales, which were 24 in num. Baptist last past, an award was made against ber, to his damage of 2,000l. They burnt his sir Hugh le Despenser the son, and sir Hugh le granges, and destroyed his crop upon the Despenser the father, by certain great men of ground, to his damage of 2,000l. and the debts the realm, and then after the feast of St. An- which were owing him there, by force and drew next following, Hugh the son petitioned cruelty they made his debtors pay unto them, Us, shewing, That while he was in our service to the value of near 3,000l. with fee-farm in the office of Chamberlain, and so appointed rents, and other customs, which amounted to in full parliament, the earl of Hereford, M. near 1,000l. And from Wales with the same Roger de Mortimer the nephew, M. Roger de power and force they came into England, upon Mortimer the uncle, M. Roger Damory, M. his castles, towns and manors there, and cut John de Mowbray, M. Hugh d'Audele the up his woods, unchaced his chaces, disparked father, M. Hugh d'Audele the son, M. Roger his parks, pulled down his houses, robbed and de Clifford, M. John Giffard de Brimmesfield, rifled as much as they could any where find, to M. Maurice de Berkeley, M. Henry de Tyes, his damage of 10,000l. and then seized upon M. John Maltravers, and many others, made a his friends, and his people, whereof some they Confederacy by oaths and writing to pursue put to ransom, some they rifled, and some and destroy him, and upon this agreement all they imprisoned, to the great grievance of the above-named, with their retinues, came them, and then by the same cruelties and the Wednesday after the feast of the inven-hardships, they made the greatest part of the tion of Holy Cross, in the 14th year of the king, to Newport in Wales, with force and arms, that is, to wit, with 800 men at arms, with the banner of the king's arms displayed, and with 500 Hobelors, and 10,000 foot, to

people against their wills, to be of their party, and sworn to them. And also with their force and power they came to the parliament at Westminster, and there upon false accusations, without calling the said Hugh to answer, against