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Around 1317 Thomas Gurney and Joan Furneaux were married.
Rymer's Fœdera Volume 2. Again, concerning those who were of the quarrel of the late Earl of Lancaster, likewise regarding restitution to be made.
The King, to the Sheriff of Gloucester, greeting.
Because in our present parliament convened at Westminster it has been agreed by us and by the prelates, earls, barons, magnates, and the community of our realm there assembled, that all those who, in the time of Lord Edward, late King of England, our father, were of the quarrel of Thomas, then Earl of Lancaster, in prosecuting Hugh le Despenser the Younger and Hugh le Despenser the Elder, shall have again their lands and tenements, both those which they held in demesne and those in reversion, together with liberties, fees, bailiwicks, offices, advowsons of churches, and all other things belonging to them, in England, Wales, and Ireland, which, on account of the said quarrel, were seized into the hand of our said father as forfeited; into whose hands soever the said lands, tenements, liberties, fees, bailiwicks, offices, and advowsons came, whether into the hands of minors or of others, by feoffment or in any other way;
And likewise the issues and arrears of farms for which answer was not made to our said father; and also their goods and chattels still found and in our hand, because the said quarrel, in our said parliament, has been adjudged by us and the whole of our parliament to have been good and just, and the judgments rendered against those who were of the said quarrel wholly annulled;
We command you that you resume into our hand without delay the lands and tenements of William de Kaerdiff, together with their liberties, fees, bailiwicks, offices, advowsons, and other appurtenances, in your bailiwick, both within liberties and without, which on account of the said quarrel were taken into the hand of our said father, into whose hands soever they came, whether into the hands of minors or of others, by feoffment or otherwise; and that you cause them to be delivered to the aforesaid William, together with the issues and arrears of the farms of the said lands and tenements, for which answer was not made to our said father, and also his goods and chattels, if any are in your custody, to be held as he held the said lands and tenements before the aforesaid seizure. Lands which were of the Templars, however, which were seized into the hand of our said father for certain causes, are excepted.
For we will that you, the farmers and custodians of the said lands and tenements, be discharged thereof as against us. Nevertheless, it is not the intention of us and our council that those of the said quarrel who sold, released, or quitclaimed their lands and tenements of their own free will shall be restored to those lands and tenements thus sold by this concord.
Witness the King, at Westminster, the 17th day of February [1327].
By petition of the council.
In the same manner mandate was given to the sheriffs underwritten, for the persons underwritten, namely: [Incomplete], to the Sheriff of Oxfordshire, concerning Thomas de Gurney.
Adhuc pro illis qui fuerunt de querelâ nuper comitis Lancastriæ, de restitutione pariter faciendâ.
Rex, vicecomiti Glouc', salutem. Quia, in præsenti parliamento nostro, apud Westm' convocato, concordatum est per nos & prælatos, comites, barones, magnates, & communitatem regni nostri, ibidem existentes, quod omnes illi, qui tempore domini E. nuper Regis Angliæ, patris nostri, de querelâ Thomæ tunc comitis Lancastr', fuerunt, ad prosequendum Hugonem le Despenser juniorem, & Hugonem le Despenser seniorem, rehabeant terras & tenementa sua, tam ea quæ habuerunt in dominico, quam in reversionibus; unà cum libertatibus, feodis, ballivis, officiis, advocationibus ecclesiarum, & omnibus aliis ad ea spectantibus, in Anglia, Walliâ, & Hiberniâ, quæ, occasione dictæ querelæ, in manum dicti patris nostri, tanquam sibi forisfacta, capta & seisita fuerunt, in quorumcumque manibus terræ illæ & tenementa, libertates, feoda, ballivæ, officia, & advocationes devenerint, sive ad manus puerorum, infra ætatem existentium, sive aliorum, per feoffamentum, vel alio modo:
Necnon exitus & arreragia firmarum, de quibus præfato patri nostro responsum non fuit; ac etiam bona & catalla sua, adhuc inventa, & in manu nostrâ existentia, pro eo quod querela prædicta, in dicto parliamento nostro, per nos & totum parliamentum nostrum, bona & justa adjudicata est; & judicia versus illos, qui de dictâ querelâ fuerunt, reddita, penitus adnullata;
Tibi præcipimus quod terras & tenementa Willielmi de Kaerdiff, unà cum libertatibus, feodis, ballivis, officiis, & advocationibus, & aliis pertinentiis suis, in ballivâ tuâ, tam infra libertates quam extra, quæ, occasione dictæ querelæ, in manum dicti patris nostri capta fuerunt, in quorumcummanibus devenerint, sive ad manus puerorum, infra ætatem existenque tium sive aliorum, per feoffamentorum, vel alio modo, sine dilatione in manum nostram resumas, & ea præfato Willielmo, unà cum exitibus & arreragiis firmarum, terrarum, & tenementorum eorumdem, de quibus dicto patri nostro non est responsum, & etiam bonis & catallis suis, si quæ in custodiâ tuâ existant, liberari facias, tenenda prout dicta terras & tenementa tenuit ante captionem prædictam; exceptis terris quæ fuerunt Templariorum, quæ in manum dicti patris nostri, certis ex causis, capta fuerunt:
Volumus enim te, firmarios & custodes, terrarum & tenementorum eorumdem, indè erga nos exonerari. Intentionis tamen nostræ & concilii nostri non existit, quod illi de querelâ prædictâ, qui terras & tenementa sua vendiderunt, remiserunt, seu quietum clamaverunt spontaneâ voluntate suâ, ad terras & tenementa illa, sic vendita, per istam concordiam restituantur.
Teste Rege, apud Westm', xvii. die Februarii.
Per petitionem de concilio.
Eodem modo mandatum est vicecomitibus subscriptis, pro subscriptis; videlicet: Vicecomiti Oxon', pro Thomá de Gurney.
Chronicle of Geoffrey le Baker of Swinbroke [-1360]. At the aforesaid castle, Lord Edward was at first received and treated humanely and kindly by the lord of the manor, Thomas de Berkeley. But after the receipt of the fatal letter, the designated tormentors of Edward began to exercise the authority over the castle that had been committed to them. Thomas de Berkeley was immediately forbidden to have any familiar contact with Edward. He not only obeyed, but did so with regret and shame, for he was not permitted to do what he wished, what previously had been his lawful right. At last, with sighs, he bid farewell to Lord Edward and withdrew to his other estates. Then began Edward's final persecution, continued until his death. First, he was confined in the most secure of rooms, where for many days he was tormented nearly to the point of suffocation by the stench of rotting corpses placed in a cellar below. This unbearable stench was the worst torment he ever endured. One day, the servant of God, crying out from the window to carpenters working outside, lamented this punishment. When the tyrants saw that even this foulness could not bring death to so strong a man, they acted. On the night of 22nd September [1327], they surprised him in bed. Pressing down upon him with great cushions and heavy weights, more than fifteen strong men, they smothered and suffocated him. Then, taking a red-hot iron, as used by plumbers, they inserted it through a copper or brass tube into his secret parts, burning his intestines and destroying his internal organs, all to ensure that no external wound would be found on the royal body, where wounds are usually sought, so that the tormentors would not be forced to answer for manifest injury, nor suffer punishment for it.
Thus was the most valiant knight overwhelmed, letting out a cry, heard both inside and outside the castle, so loud and clear that all recognized it as the voice of one suffering a violent death. That final cry of the dying man stirred many people of Berkeley and even some within the castle, as they themselves later attested, to compassion and to prayer for the holy soul departing this life. So he whom the world hated, and who, like his master Jesus Christ, was first hated by the world, was at last received, Christ having first been rejected by the kingdom of the Jews, and then Edward, his disciple, stripped of the kingdom of the English, into the glory of the kingdom of angels. The glorious and good end of Edward brought about the persecution of his traitorous ministers, namely Thomas de Gurney and John de Maltravers,1 by Isabella and the Bishop of Hereford, so that they might appear to have had innocent hands and pure intentions. Accordingly, the murderers were outlawed and, as previously stated, driven into exile. Thomas de Gurney, a fugitive, fled secretly to Marseille, where, after being recognized within three years, he was captured and brought back toward England to receive the punishment he deserved. But he was beheaded at sea, lest he should accuse powerful magnates, great prelates, and many others in the kingdom of having advised or consented to his crime. The other, Maltravers, wandered in the lands of the Germans, long hidden and doing penance.
Ad castrum prenominatum ductus dominus Edwardus per dominum feodi Thomam de Berkeleye fuerat humaniter et benigne receptus et tractatus, set, post recepcionem epistole, predicti exercuerunt tortores Edwardi illis commissam potestatem de tutela castri. Tubetur protinus Thomas de Berkeleye nullam cum Edwardo habere familiaritatem, cuius non solum penitens, set verecundus quod sibi fuit denegatum facere quod vellet et quod antea de iure liceret, domino Edwardo finaliter cum suspiriis salutato, ad alia sua loca transmigravit. Tunc incepit Edwardi consummativa persecucio, adusque sui mortem continuata. Primo nempe reclusum in camera tutissima per exalacionem cadaverum in subcellario positorum ipsum torserunt per multos dies pene usque ad suffocacionem. Unde fetorem illum intollerabilem fuisse penam maximam quam unquam sustinuit ad fenestram camere una dierum carpentariis ad extra laborantibus servus Dei deplanxit. Videntes tiranni quod viro strenuissimo non posset per fetorem mors prevalere, nocte, decima kalendas Octobris, in lecto cubantem subito preocupatum, cum pulvinaribus magnis atque gravi mole amplius quam quindecim robustorum ipsum oppressum et subfocatum, cum ferro plumbarii incense ignito trans tubam ductilem ad egestionis partes secretas applicatam membra spiritalia post intestinas combusserunt, caventes ne, wlnere in regio corpore ubi solent wlnera requiri per aliquem iusticie amicum reperto, sui tortores de lesione manifesta respondere atque pro illa penam subire forent coacti.
Taliter obruitur miles strenuissimus, emisso clamore, audientibus infra castrum et extra satis noto quod esset violentam mortem pacientis. Clamor ille expirantis multos de Berkeleya et quosdam de castro, ut ipsi asseruerunt, ad compassionem et oraciones pro sancta anima migrante evigilavit. Sic quem mundus odivit, suumque magistrum Iesum Christum prius odio habuit, primo preceptorem de regno Iudeorum reprobatum, deinde discipulum regno Anglorum spoliatum recepit celsitudo regni angelorum. Gloriose atque bone finis Edwardi proditorios ministros, scilicet Thomam de Corneye et Iohannem de Maltravers, persecucio Isabelle et episcopi Herefordensis, ut proinde viderentur manus innoxias et mentes habuisse, utlagiavit, et, ut tactum est, ad exilium abegit. Ille de Corney Marsiliam fugitivus clanculo post infra triennium cognitus, captus, et versus Angliam reductus, penam pro demeritis recepturus, in mari fuerat decapitatus, ne forte magnates et magnos prelatos et quamplures alios de regno sibi suum nefas monuisse et in illud sibi assensum prebuisse accusasset. Alter vero, Maltravers, partibus Teutonicorum agens penitenciam diu latitavit.
Note 1. In the parliament held at the close of the year 1330, sir Thomas Gournay (or Gurney) and William Ocle were condemned as the actual murderers of Edward II, and a price was put upon their heads, as both had fled. Thomas, lord Berkeley, to whom, in association with sir John Maltravers, the custody of Edward was entrusted, was also proceeded against, but defended himself on the plea that he was detained by illness at his manor of Bradley when the murder took place. He was tried before a jury of knights, and acquitted of participation in the murder, but held guilty of deputing his trust to unworthy persons. Sir John Maltravers was likewise condemned in this parliament; not, however, for the murder of Edward, but for his share in bringing about the death of the earl of Kent. He also had fled. Twenty years afterwards he prayed for the reversal of his attainder, and ultimately received pardon. Ocle disappears; and there can be little doubt that he died abroad. The fate of Gournay has been traced in a valuable paper contributed by Mr. Hunter to Archaeologia, volume xxvii. He was not arrested at Marseilles, as stated by Baker, following Murimuth [see below], but, in the first instance, at Burgos in Spain. News of his arrest reached England in the middle of the year 1331, and the king's messenger, Egidius de Ispannia, was despatched to take over the custody of the prisoner. The messenger was, however, kept dancing attendance on the king of Spain, who, perhaps from sheer dilatoriness, delayed the surrender. Meanwhile Gournay escaped. But at the close of the following year he was again arrested in Naples, news of his capture reaching England in January 1333. A Yorkshire knight, sir William de Thweng, was sent out to Naples and received custody of the prisoner. After sundry adventures he reached Bayonne; but there Gournay, whose health had given way, died. The body was probably embalmed, as Thweng's compotus contains items of sums expended for two preparations. Thweng brought it by sea to the king at Berwick, where he arrived on the 7th July 1333. It is now impossible to say what led Murimuth (and, after him, Baker,) to assert that Gournay was beheaded at sea. It is not, however, improbable that the body was gibbeted (there are no charges for interment in Thweng's compotus), and the traitor's punishment of beheading may actually have been inflicted on the dead body.
With regard to the charge against the bishop of Hereford, whatever hand he may have had in instigating the crime, he can hardly have been directly concerned in the murder, as he was abroad at the time.
Murimuth 54, in the earlier edition of his chronicle, names Marseilles as the place of Gournay's arrest (in one MS. it is added: 'ad procurationem cujusdam dominæ de Anglia' i.e. 'at the instigation of a certain lady of England'); in the later edition this is altered to 'in partibus transmarinis' i.e. 'in the parts beyond the sea'.
Adam Murimuth Continuation. Afterwards, on the 22nd of September in the year of Our Lord 1327, Edward, the king of England (deceased), died in Berkeley Castle, where, as previously mentioned, he had been imprisoned or detained against his will. Although many abbots, priors, knights, and burgesses from Bristol and Gloucester were called to see his body intact and they superficially observed it, it was commonly said that, by the order of Lords John Mautravers (age 37) and Thomas de Gurney, he was killed by stealth. Because of this, those two and some others fled. However, Lord Thomas de Gurney was later known for three years and was captured overseas and sent back to England to receive the punishment for his crimes; but while at sea, he was beheaded under a pretext, lest he accuse the magnates, great prelates, and others in England of complicity and connivance in the king's death. As for Lord John Mautravers, he fled to Germany and other places, where he remained, and he still remains there as of the date of this writing.
Postea, X kalendas Octobris, anno Domini etc. XXVII, fuit mortuus Edwardus rex Angliæ in castro de Berkeleye, in quo, ut præmittitur, fuit carceri mancipatus seu detentus invitus.Et licet multi abbates, priores, milites, burgenses de Bristollia et Gloucestria ad videndum corpus suum integrum fuissent vocati, et tale superficialiter conspexissent, dictum tamen fuit vulgariter quod per ordinationem dominorum J[ohannis] Mautravers et T[homs] de Gorneye fuit per cautelam occisus. Propter quod ipsi duo et quidam alii fugerunt. Sed dominus T[homas] de Gorney fuit postea per triennium notus, et captus in partibus transmarinis, et remissus versus Angliam, pœnam pro demeritis recepturus; sed in mari fuit decapitatus, sub quodam colore, ne forte magnates et magnos prælatos et alios de Anglia de consensu et conniventia mortis regiæ accusaret. Sed dominus J[ohannes] Mautravers se transtulit in Alemanniam et alia loca; et ibi mansit, et usque ad datam prasentium adhue manet.
Archaeologia Volume 27 Section XIX. On the Measures taken for the Apprehension of Sir Thomas de Gournay, one of the Murderers of King Edward the Second, and on their final Issue: in a Letter to Hudson Gurney, Esq, F.R.S., V.P. from the Rev. Joseph Hunter, F.S.A. Read 7th December, 1837.
Close Rolls Edward III 1329. 15th December 1328. Gloucester. To Roger de Mortuo Mari, earl of March, justice of Wales. Order to cause Hugh (age 20) son of Hugh le Despenser, the younger, who is imprisoned in his custody by the king's order, to come to Bristol, there to be delivered by indenture to Thomas de Gournay, constable of Bristol castle, for custody in prison there, an enjoined by the king. By K.
Mandate in pursuance to the said constable.
Rotuli Parliamentorum Volume 2. November 1330. No. 5. Item, to such judgment it is assented and agreed concerning the death of Thomas de Gurney and William de Ocle, for the death of King Edward, father of our lord the king who now is, whom they falsely and treacherously murdered: and that whoever may take the said Thomas alive shall have one hundred pounds; and whoever brings his head, one hundred marks. Likewise, that whoever may take the said William alive shall have one hundred marks; and whoever brings his head, if by chance he cannot be taken alive, shall have forty pounds, by gift of the king.
Item, a tieu juggement est assentuz & acorde de mort Thomas de Gurney, & William de Ocle, pur las mort le Roi Edward, Piere nr̃e Seignur le Roi q̃ ore est, q̃ fauxement & traiterousement lui murdrerunt; Et q̃ qi puisse prendre le dit Thomas vif, avera c łi. et q̃ qi porte la teste, c marcz. Estre ce, q̃ qi puisse prendre le dit William vif, avera c marcz, & qi q̃ porte la teste, si par cas ne puisse estre pris vif, il avera XL łi. du doun le Roi.
Rotuli Parliamentorum Volume 2. After 25th November 1330. No. 15. Thomas de Berkeley (age 34), knight, came before the lord king in his full parliament aforesaid, and being addressed concerning this: that whereas Lord Edward, late King of England, father of the present lord king, was delivered into the custody of the said Thomas and of one John Mautravers (age 40) to be safely kept in the castle of the said Thomas at Berkeley in the county of Gloucester, and in that same castle, while in the custody of the said Thomas and John, was murdered and slain , how does he wish to acquit himself of the death of the said king? He says that he was never consenting, aiding, or procuring in his death, nor ever knew of his death until the present parliament. And of this he is ready to acquit himself, as the court of the king shall consider. And thereupon he was asked, since he is lord of the said castle, and the same lord king was delivered into the custody of him and John Mautravers to be safely kept, and they received and accepted that custody, how can he excuse himself from being bound to answer for the death of the said king? And the aforesaid Thomas says that it is true that he is lord of the said castle, and that he, together with John Mautravers, received custody of the said king to keep him safely, as aforesaid. But he says that at the time when the said lord king is said to have been murdered and slain, he was kept at Bradley, outside the said castle, by such and so great an illness that nothing remained to his memory. And it was said to him that, since he acknowledges that he, together with the said John, held the custody of the said lord king, and that he placed under himself keepers and ministers for making that custody, how can he excuse himself from answering in this matter on the ground of some illness? And the aforesaid Thomas says that he placed under him such keepers and ministers in the said castle to make the custody, in whom he trusted as in himself, who together with the said John Mautravers had the custody of the said king. Wherefore he says that of the death of the said lord king, by aid, assent, or procurement, he is in no way guilty. And of this, for good and ill, he puts himself upon the country. Therefore there came jurors before the lord king in his parliament at Westminster, in the octave of St. Hilary next to come, etc. On which day the aforesaid Thomas came before the lord king in his full parliament, and likewise the jurors, namely John Darcy, John de Wisham, William Trussell, Roger de Swynerton, Constantine de Mortimer, John de Saint Philibert, Richard de Rivers, Peter Husee, John de Brynton, Richard de la Rivere, Roger Dabenhale, and Richard de Croupes, all knights. Who say upon their oath that the aforesaid Thomas de Berkeley is in no way guilty of the death of the said lord Edward the king, father of the present lord king, nor of assent, aid, or procurement of his death. And they say that at the time of the death of the said lord Edward the king, father of the present lord king, he was so grievously burdened with illness at Bradley, outside his said castle, that his life was despaired of. Therefore the same Thomas is acquitted thereof. And the jurors being asked whether the same Thomas ever withdrew himself on account of the aforesaid matter, they say that he did not. And because the aforesaid Thomas had placed under him keepers and ministers, namely Thomas de Gurney and William de Ocle, to make custody of the said lord king, by whom the same lord king was murdered and slain, a day is given to him before the present lord king at his next parliament, for hearing his judgment, etc. And the aforesaid Thomas de Berkeley is meanwhile committed to Ralph de Neville, steward of the lord king’s household, etc.
Thomas de Berkele Mil' venit coram Dño Rege in pleno Parliamento suo predco, & allocutus de hoc, quod cum Dñus Edwardus nuper Rex Anglie, pater Dñi Regis nunc, in custodia ipsius Thome et cujusdam Johnis Mautravers nuper extitit liberatus ad salvo custodiendum in Castro ipsius Thome apud Berkele in Com' Gloucestrie, et in eodem Castro in custodia ipsorum Thome & Johnis murdratus extitit & interfectus, Qualiter se velit de morte ipsius Regis acquietare? Dicit, quod ipse nuncquam suit confentiens, auxilians, seu procurans, ad mortem suam, nec unquã scivit de morte sua usq; in presenti Parliamento isto. Et de hoc paratus est se acquietare, prout Curia Regis confideraverit. Et super hoc quesitum est ab eo, ex quo ipse est Dominus Castri predicti, et idem Dñus Rex in custodia ipsor' Thome & Johis extitit liberatus ad salvo custodiendum, et ipsi custodiam ipsius Regis receperunt & acceptarunt, Qualiter se excusare possit, quin de morte ipsius Regis respondere debeat? Et predictus Thomas dicit, quod verum est, quod ipse est Dominus Castri predicti, et quod ipse simul cum Joie Mautravers custodiam ipsius Regis recepit ad salvo custodiendum, ut podictum est. Set dicit, quod eo tempore, quo dicitur ipsum Dominum Regem esse murdratum & interfectum, fuit ipse tali & tanta infirmitate apud Bradeleye extra Castrum predictum detentus, quod nichil ei currebat memorie. Et super hoc dictum est ei, quod ex quo cognovit quod ipse simul cum dicto Johe custodiam ipsius Domini Regis optinuit, ut predictum est, et ipse Custodes & Ministros sub se posuit, ad custodia de eo faciend', si per aliquam infirmitatem se excusare possit, quin respondere debeat in hac parte? Et predictus Thomas dicit, quod ipse posuit sub se tales Custodes & Ministros in Castro predicto pro custodia facienda, in quibus ipse se confidebat ut de seipso, qui custodiam ipsius Regis simul cum predicto Johne Mautravers inde habuerunt. Unde dicit, quod ipse dè morte ipsius Domini Regis, auxilio, assensu, seu procuratione mortis sue in nullo est inde culpabilis. Et de hoc de bono & malo ponit de super patriam. Ideo venerunt inde Jurat' coram Domino Rege in Parliamento suo apud Westm', in octabis Sci Hillarii proximo futuri &c. Ad quem diem venit predictus Thomas coram Domino Rege, in pleno Parliamento suo, et similiter Juratores, scilicet, Johnes Darcy, Johnes de Wisham, Willus Trussel, Rogerus de Swynenerton, Constantinus de Mortymer, Johnes de São Philiberto, Richardus de Rivers, Petrus Hufee, Joines de Brynton, Ricus de la Rivere, Rogerus Dabenhale, & Ricus de Croupes, omnes Milites, Qui dicunt super sacramentum suum, quod predictus Thomas de Berkele in nullo est culpabilis de morte predicti Domini Edwardi Regis, patris Domini Regis nunc; nec de assensu, auxilio, seu procuratione mortis ejusdem: Et dicunt, quod tempore mortis ejusdem Dñi Edwardi Regis, patris Domini Regis nunc, fuit ipse tali infirmitate gravatus apud Bradeleye extra Castrum suum predictum, quod de vita ejus desperabatur. Ideo idem Thomas inde quietus. Et Juratores quesiti, si idem Thomas unquam subtraxit se occasione predicta? dicunt quod non. Et quia predictus Thomas posuit Custodes & Ministros sub se, scilt Thomam de Gurneye, & Willm de Ocle, ad custodiam de ipso Domino Rege faciendam, per quos idem Dñus Rex extitit murdratus & interfectus; datus est ei dies coram Domino Rege nunc in proximo Parliamento suo, de audiendo Judicio suo &c. Et predcus Thomas de Berkele interim committitur Radulpho de Nevill, Senescallo Hospitii Domini Regis &c.
Before 7th July 1333 Thomas Gurney died whilst returning from Spain to be examined about the death of King Edward II.
Rymer's Fœdera Volume 2. Concerning the capture of John Mautravers and others.
The King, to the Sheriff of Northampton, greeting.
Because we have learned that John Mautravers (age 40), Thomas de Gurney, John Wyard, and William of Exeter, lately constable of the castle of Wallingford, John Deveroill, and William of Ocle, indicted for various crimes committed by them in our realm, intend on that account to leave the realm secretly; through whose malice diverse evils may arise, unless we quickly set our hand to this:
We strictly order you that you cause all seaports and other places within your bailiwick, both within liberties and without, where ships come in or where there is passage of ships, to be so guarded, under the peril that lies upon you, that the said John, Thomas, John, William, John, and William may in no way within the said bailiwick pass out of the realm. And moreover you are to seize them within the said bailiwick, whether they be within liberties or without, and also cause them to be seized by your officers, and have them brought before us, wherever we shall be, to undergo what by our council shall be ordained.
And you shall set such guard in every place in the said bailiwick, along the coast and the aforesaid places, that they may in no way escape from the realm. And you shall do the premises with such diligence that, if such escape should occur, which God forbid, the blame may not fall upon you, whereby we should have to take heavy action against you.
Witness the King at Westminster, the third day of December [1330].
By the King himself and the council.
In the same manner mandate is given to each of the sheriffs throughout England.
De capiendo Johannem Mautravers & alios.
Rex, Vicecomiti Nort', salutem. Quia accepimus quod Johannes Mautravers, Thomas de Gurneye, Johannes Wyard, & Willielmus de Exon', nuper constabular' castri de Walyngford', Johannes Deveroill', Willielmus de Ocle, de diversis facinoribus per ipsos in regno nostro perpetratis, rectati, eâ occasione extra idem regnum clandestinè egredi proponunt; per quorum maliciam diversa mala poterunt evenire, nisi celeriùs ad hoc apponeremus manum nostram;
Tibi præcipimus firmiter injungentes, quod omnes portus maris & alia loca infra ballivam tuam, tam infra libertates quam extra, ubi naves applicant, seu passagium navium existit, taliter custodiri facias, sub periculo quod incumbit, quod dicti Johannes, Thomas, Johannes, Willielmus, Johannes, & Willielmus alicubi infra ballivam prædictam nullatenus transeant extra idem regnum; et insuper eos in ballivâ prædictâ, sive fuerint infra libertates sive extra, capias, & eciam per ministros tuos capi facias, & eos, ubicumque fuerimus, ad nos duci facias, ibidem, quod de consilio nostro ordinari contigerit receptur';
Et talem custodiam in singulis locis in ballivâ prædictâ, super costeram & loca prædicta apponas, quod ipsi ab eodem regno nullo modo evadant:
Et præmissa cum tantâ diligenciâ facias, quod dicta evasio si eveniat, quod absit, tibi impingi non valeat, per quod ad te graviter capere debeamus.
T. R. apud Westm', tercio die Dec'.
Per ipsum Regem & cons'.
Eodem modo mandatum est singulis vicecomitibus per Angľ.
Archaeologia Volume 27 Section XIX. And on December 15th [1330] writs tested at Westminster on that day, not in the Fœdera, were issued to the Sheriffs, commanding them to take into their hands the manors, lands, tenements, goods and chattels of John Maltravers (age 40), Thomas de Gournay, Bogo de Baiocis, John Deverel, and William de Ocle, adherents of Roger Mortimer, the enemy of the late King and the realm, who having committed divers felonies and excesses against the peace of the King and kingdom, had clandestinely withdrawn themselves, and not appeared to be judged according to the customs of the realm.
Close Rolls Edward III 1331. 24th February 1331. Croydon. To Williani de Sfaundon. Whereas the king has appointed John de Merssheton, John de Percebrigg and Adam Lucas by letters patent to suivey all the castles, towns, manors, lands, goods and chattels that belonged to Roger de Mortuo Mari, late earl of March, and to Simon de Bereford, who were drawn and hanged for certain seditions and felonies, in cos. Hereford, Worcester, Gloucester, Salop and Stafford, which he ordered to be taken into his hands by reason of their forfeiture, and also to survey the castles, towns, manors, lands, goods and chattels of John Mautrayers (age 41), the younger,1 Thomas Gourneye, Bego de Baiocis, John Deveroil, and William de Okele in the aforesaid counties, who are charged with seditions and felonies and have withdrawn themselves for that reason, not permitting themselves to be justieed, wherefore the king ordered their castles, etc., to he taken into his hands, and to canse all the goods and chattels aforesaid to be appraised by men of those counties, and to be present at the sale of certain of the goods and chattels, and to execute certain other things contained in the said letters, and Ihe king understands that the said John de Merssheton was unable to labour about the premises by reason of bodily infirmity, and that it is espedient that William, who has better knowledge of the premises, shall intend to the premises with the aforesaid John de Percebrigg and Adam: the king therefore orders him to be intendent, aiding and counpellins to them in the premises as often as he shall be summoned by them. The king has ordered the sheriffs of ihe aforesaid counties to pay to William 18d a day for his wages whilst thus employed. By C. Et erant patentes.
The like, 'de verba ad verbum' to John de Wonneton. By C.
Mandate in pursuance to the sheriffs of the aforesaid counties to pay to William and John the wages aforesaid. By C.
Note 1. His father John Maltravers (age 65) died in 1343.
Close Rolls Edward III 1331. 23rd March 1331. Westminster. To Thomas de Hampton. Order to deliver to Robert de Penros, William de Werdale, and Richard de Suthorp, whom the king has appionted by his letters patent to make view of the accounts of the bailitfs and keepers of the castles, manors, and lands that belonged to Roger de Mortuo Mari, late earl of March, Simon de Bereford, John Mautravers (age 41), Thomas Gourneye, Bego de Baiocis, John Deveroil, and William de Okle in South Wales, and to take information concerning the arrears of ferms and rents and debts due to the said earl and the othera in South Wales, all rolls in his custody of the accounts of the baliffs and receivers of the said lands of tha time when he was auditor of such accounts with John le Botiller, and to receive the said rolls back again, and to cause them to be safely kept until otherwise ordered. The king has ordered the said men to receive the rolls and to return them to Thomas.
Rymer's Fœdera Volume 2. To the King of Castile, concerning the arrest of Thomas de Gournay.
To the magnificent prince, Lord Alfonso, by the grace of God King of Castile, León, Toledo, Galicia, Seville, Córdoba, Murcia, Jaén, and the Algarve, and Lord of the County of Molina, his dearest kinsman, Edward, by the same grace, King of England, Lord of Ireland, and Duke of Aquitaine, sends greeting, and wishes for prosperity and happy success according to your desires. From the report of certain of our faithful subjects, we have learned that Thomas de Gourney, knight, who has been and still is accused of treason against the person of the late Lord Edward, lately King of England, our father, of glorious memory, and of conspiracy in his death, and who, to escape justice on that account, fled our kingdom secretly, has been arrested in the city of Burgos, within your dominion, by your order, and is held in prison there; for this, we render to your magnificence such thanks as we can, offering ourselves in all opportunities prepared to do whatever may please you. And because such audacity in so great a crime ought not to be left unpunished, we request and earnestly entreat your highness to order that the said Thomas be delivered to our beloved and faithful John de Hausted, our Seneschal of Gascony, or to those whom he shall appoint for this purpose, to be brought to us, as we have instructed the same Seneschal to do; for we are ready and will be, in the like or a greater case, to please you in all respects according to your good pleasure. Given at Havering-atte-Bower, the 20th day of May [1331].
Ad Regem Castellæ, super arestatione Thomæ de Gournay.
Magnifico principi, domino Alfonso, Dei gratiâ, Castellæ, Legionis, Toleti, Galiciæ, Sibiliæ, Cordubiæ, Murciæ, Jehennæ, atque Algarbiæ Regi, ac comitatûs Molinæ domino, consanguineo suo carissimo, Edwardus, eâdem gratiæ, Rex Angliæ, dominus Hiberniæ, & des Aquitaniæ, salutem, &, ad vota, successus prosperos & felices. Ex quorumdam fidelium nostrorum relatibus ad nostrum pervenit auditum, qualiter Thomas de Gourney miles, qui de seditione contra personam celebris memoriæ, domini E. nuper Regis Angliæ, patris nostri, & conspiratione in morte ejus, diffumatus extitit, & existit, & qui eo pretextu judicium fugiens, clandestinè exiit regnum nostrum, apud civitatem de Burgh, infra dominium vestrum, arestatus, & carcerali custodiæ mancipatus, extitit de mandato vestro, & sub carcerali custodiâ adhuc detinetur; dé gno magnificentiæ vestre grates & gratias referimus quas sufficimus & valemus, ad ea, quæ vobis placitura fuerint, offerentes nos in cunctis oportunitatibus præparatos. Et quia tantæ iniquitatis audaciam relinqui non decet impunitatam, serenitatem vestram rogamus, & requirimus cum effectu, quatenùs eundem Thomam, dilecto & fideli nostro, Johanni de Haustede, senescallo nostro Vasconiæ, vel illis, quos ad hoc deputaverit, jubere velitis liberari, ducendum ad nos prout eidem senescallo duximus injungendum; parati enim sumus, & erimus, in consimili casu & majori, vestris in omnibus beneplas citis complacere. Data apud Haveryng atte Boure, XX die Maii.
Rymer's Fœdera Volume 2. To the King of Castile, concerning the arrest of Thomas de Gournay.
To the magnificent prince, Lord Alfonso, by the grace of God King of Castile, León, Toledo, Galicia, Seville, Córdoba, Murcia, Jaén, and the Algarve, and Lord of the County of Molina, his dearest kinsman, Edward, by the same grace, King of England, Lord of Ireland, and Duke of Aquitaine, sends greeting, and wishes for prosperous and happy successes according to your desires. Recently, from the report of certain of our faithful subjects, we learned that Thomas de Gourney, knight, who has been accused of sedition against the person of the late Lord Edward, lately King of England, our father, of celebrated memory, and of conspiracy in his death, and who, on that account, fled from justice and secretly left our kingdom, was arrested in the city of Burgos within your dominion, and was placed under arrest by your order. For this, we return our particular thanks to your magnificence. We had earlier asked your highness that you order the said Thomas to be delivered to our beloved and faithful John de Hausted, our Seneschal of Gascony, or to those he might appoint, to bring him to us, as we had instructed that Seneschal to do. And because we wish to be fully informed concerning certain matters touching this business, we have judged it proper to make repeated request to your royal excellence that you order the aforesaid Thomas to be examined by the magistrates, aldermen, and consuls of the aforesaid city, or by others whom you wish to appoint for this purpose, in the presence of our beloved sergeant-at-arms Bernard Pelegrym, whom we send to you for this reason. The said Thomas should be questioned on what he may be willing to disclose concerning the aforementioned sedition and conspiracy, and also about the consent, instigation, or procurement thereof, and by whom, and in what way and manner. His confession is to be taken down in writing by a public notary and delivered under the common seal of the aforesaid city to our said sergeant, to be brought to us as quickly as possible. For we are ready and will be, in all occasions, to gratify your wishes in every way in our power. Given at the town of Bury St Edmunds, the 28th day of May [1331].
Ad Regem Castellæ, super arestatione Thomæ de Gournay.
Magnifico principi, domino Alfonso, Dei gratiâ, Castellæ, Legionis, Toleti, Galiciæ, Sibiliæ, Cordubiæ, Murciæ, Jehennæ, atque Algarbiæ Regi, ac comitatûs Molinæ domino, consanguineo suo carissimo, Edwardus, eâdem gratiæ, Rex Angliæ, dominus Hiberniæ, & des Aquitaniæ, salutem, &, ad vota, successus prosperos & fœlices. Cum nuper, ex quorumdam fidellum nostrorum relatibus, intelligentes quod Thomas de Gourney miles, de seditione contra personam celebris memoriæ, domini E. nuper Regis Angliæ, patris nostri, & conspiratione in morte ejusdem diffamatus, & eo prætextu judicium fugiens & clandestinè exiens regnum nostrum, apud civitatem de Burgh, infra dominium vestrum, arestatus, & carcerali custodiæ, de mandato vestro, extitit mancipatus, de quo magnificentie vestræ grates & gratias referimus speciales, serenitatem vestram rogaverimus cum oe quatenùs eundem Thomam, dilecto & fideli nostro Johanni de Haustede, senescallo nostro Vasconie, vel illis quos ad hoc deputaret, jubere velletis liberari, ducendum ad nos, prout eidem senescallo duximus injungendum: Et quia, super aliquibus dictum negotium tangentibus, cupimus plenils informari, vestram regiam excellentiam, iteratis precibus duximus requirendum, quatenis prefatum Thomam, per magistros, scabinos, & consules civitatis predict, seu alios, quos ad hoe volueritis deputari, in presentid dilecti servientis nostri ad arma, Bernardi Pelegrym, quem ad vos ex hac causd transmittimus, jubere velitis examinari, & confessionem ejusdem Thome de hiis, que coram eis detegere voluerit super seditione & conspiratione memoratis, necnon de assensu, instigatione, seu procuratione, super hoc factis, & per quos, & qualiter, & quo modo, audiri, confessionemque hojusmodi in seriptis sub manu public redigl, & eam sub sigillo communi civitatis predict prefato servienti nostro liberari, ad nos cum celeritate ull poterit deferendam; parati enim sumus & erimus vestris penes nos Qesidori in cunctis oportunitatibus complacere. Data apud villam de Sancto Edmundo, xxviii. die Maii.
Rymer's Fœdera Volume 2. Concerning the aforesaid Thomas, to be delivered to the mayor of Bayonne.
To the sheriffs [or aldermen/judges] of Bayonne, concerning the aforesaid examination.
The King, to the noble man, Sir John de Leynham, knight, chamberlain of the lord King of Spain, his dearest friend, greeting and the sincere affection of love.
By your freely given letters of friendship, directed to us, we have clearly learned that Thomas de Gournay, knight, who has been defamed of sedition against the person of the lord Edward, late King of England of celebrated memory, our father, and of conspiracy in his death, and who, on that account, fled judgment and secretly departed our realm, has been arrested by you within the kingdom of Spain and is held under prison custody. For this we give you special thanks, asking that you will order the said Thomas to be brought under safe and secure custody as far as our city of Bayonne, there to be delivered to the mayor, jurats, and good men of the said city, to whom we have commanded that they receive the same Thomas from you, to be further conveyed to us, as our beloved valet Egidius of Spain will more fully explain to them on our behalf.
Given at the town of Bury St Edmunds, the 28th day of May [1331].
To the mayor, etc., of Bayonne, concerning the receiving of the aforesaid Thomas from the aforesaid John.
Given as above. [28th day of May 1331]
De præfato Thoma, majori Baiona liberando.
Ad scabinos de Burgo, super præfatá examinatione.
Rex, nobili viro, domino Johanni de Leynham militi, domini Regis Ispanniæ camerario, amico suo carissimo, salutem, & sincera dilectionis affectum.
Per literas amicitiæ vestræ gratuitas, nobis directas, concepimus evidenter quod Thomas de Gournay, miles, qui de seditione contra personam celebris memoriæ, domini E. nuper Regis Angliæ, patris nostri, & in conspiratione in mortem ejusdem diffamatus, eâ occasione judicium diffugiens, clandestinè regnum nostrum exiit;
Per vos infra regnum Ispanniæ arestatus, & sub carcerali custodia detentus existit, de quo vobis grates referimus speciales, rogantes quatinus dictum Thomam sub salvâ & securâ custodiâ usque civitatem nostram Baioniæ duci præcipere velitis, majori, juratis, & probis hominibus, civitatis prædictæ ibidem liberandum, quibus mandaverimus quod ipsum Thomam à vobis recipiant, ulterius ad nos, prout dilectus vallettus noster Egidius de Ispanniâ, eis plenius exponet, ex parte nostrâ deducendum.
Data apud villam de Sancto Edmundo, xxviii. die Maii.
Ad majorem, &c. Baiona, de præfato Thoma à prædicto Johanne recipiendo.
Dat' ut supra.
Rymer's Fœdera Volume 2. Concerning the conveyance of Thomas Gournay into England.
The King, to his beloved the mayor, jurats, and good men of his city of Bayonne, greeting.
Whereas we are sending our beloved serjeant-at-arms, Peter Bernard of Pynsole, to conduct Thomas de Gournay, knight, captured overseas for sedition against the person of Lord Edward, late King of England, our father, and conspiracy in his death, and now in your custody under guard, to us in England, as we have more fully charged him on our behalf:
We ask and strictly command you that in those things which concern the safe and secure conveyance of the said Thomas to us, as aforesaid, you shall be advising and assisting the same Peter in such ways and means as you see fit, and in no way shall you omit this.
Given at Waltham, the 13th day of February [1332].
Super ductione Thoma Gournay in Angliam.
Rex, dilectis sibi majori, juratis, & probis hominibus, civitatis suæ Baiona, salutem.
Cùm mittamus, dilectum servientem nostrum ad arma, Petrum Bernardi de Pynsole, ad Thomam Gournaye militem, pro seditione contra personam domini E. nuper Regis Angliæ, patris nostri, ac conspiratione in mortem ejusdem, factis, in partibus transmarinis captum, & jam penes vos sub carcerali custodiâ existentem; ad nos in Angliam ducendum, prout sibi per nos pleniùs est injunctum ;
Vos rogamus mandantes, firmiter injungendo, quatenùs eidem Petro in hiis, quæ salvam & securam ductionem dicti Thomæ ad nos, sicut prædictum est, contingunt, consulentes sitis & auxiliantes, modis & viis quibus videritis expedire; et hoc nullatenus omittatis.
Dat' apud Waltham, xiii, die Februarii.
All About History Books
The Chronicle of Walter of Guisborough, a canon regular of the Augustinian Guisborough Priory, Yorkshire, formerly known as The Chronicle of Walter of Hemingburgh, describes the period from 1066 to 1346. Before 1274 the Chronicle is based on other works. Thereafter, the Chronicle is original, and a remarkable source for the events of the time. This book provides a translation of the Chronicle from that date. The Latin source for our translation is the 1849 work edited by Hans Claude Hamilton. Hamilton, in his preface, says: "In the present work we behold perhaps one of the finest samples of our early chronicles, both as regards the value of the events recorded, and the correctness with which they are detailed; Nor will the pleasing style of composition be lightly passed over by those capable of seeing reflected from it the tokens of a vigorous and cultivated mind, and a favourable specimen of the learning and taste of the age in which it was framed." Available at Amazon in eBook and Paperback.
Rotuli Parliamentorum Volume 2. 1334. No 19. To our lord the king and to his council is shown on behalf of [his wife] Joan, wife of Thomas de Gournay, that whereas the manors of Inglescombe, Farnton, and West Harptree, which belonged to the said Thomas, are in the hand of our lord the king, the which manors were at one time in the seisin of one Anselm de Gournay, grandfather of the said Thomas, which Anselm gave the same manors to Thomas his younger son and to the heirs of his body begotten, so that if he should die without heir of his body begotten, the said manors should revert to the said Anselm and to his heirs; from which Thomas issued Thomas, baron [lord], the same whose wife is this Joan. Of which manors the said Joan, by the grace of our lord the king, prays for her dower.
The response is elsewhere.
Responsio. An're Seigneur le Roi & a son Conseil monstre fust seme Thomas de Gourney, q̃ come les Maners de Inglescombe, Farnton, & Westharptree, q̃ furent au dit Thomas, fount en la mayne nr̃e Seigir, lesqueux Mañes furent en ascun temps en la seisine un Anselme de Gurney, aiel le dit Thomas, lequel Anselm dona mesmes les Mañs a Thomas son fitz puisnee, & a les heirs de son corps engendrez, issint q̃ s'il deviast faunz heir de son corps engendrez, q̃ les ditz Mañs revtissent au dit Anselm & a ses heires; Dequel Thomas issit Thomas, Baron mesme ceste Johane. Desqueux Maners la dite Johane de la grace nr̃e Seigñr le Roi prie sa Dowere.
Respons' est alibi.
Archaeologia Volume 50 1887. I can find no better authority for the story of king Edward's murder than the chronicle of Adam Murimuth1, who tells the tale of how the deposed king was taken to Kenilworth, and thence to Berkeley, and to Corfe, and back again to Berkeley. And that about the feast of St. Matthew the Evangelist (September 21) he was murdered by Maltravers and Gurney by the insertion of a red-hot spit into the intestines. Murimuth states that although many abbots and priors and burgesses of Bristol and Gloucester were called to see the body they only looked upon it superficially, and that it was commonly said (dictum tamen fuit vulgariter) that by the order of Maltravers and Gurney the king was placed under a heavy door to prevent his moving, and that a horn having been inserted in the anus the hot spit was thrust through it into the intestines in order that the murder might be committed without leaving marks of violence upon the body.
Moore referring to Murimuth is somewhat confusing since Murimuth doesn't describe the detail about the "red-hot spit". That information is provided in The Brut.
The Brut. And uppon a tyme bifel hit so that sir Edmunde of Wodestoke, erle of Kente, spake unto the pope, John the XXIJ at Avignon, and saide that almyghti God had meny tymes done for Thomas love of Lancastre many grete myracles to meny men and women that were thurgh diverse maladies undone as unto the worlde, and thurgh his prayer thei wer brought unto hire hele. And so sir Edmunde prayeden the pope hertely that he wolde graunte him grace, that the forsaid Thomas myght ben translatede ; but the pope seide nay And when this Edmunde sawe that he myghte noughte spede of his purpos as toching the translacion, he prayed him tho of his councele, as toching sir Edward of Carnarvan, his broker, and said, nought longe gone he was kyng of Engelonde, what thing mythte best be done as toching his delyveraunce, sithen that a comone fame is thurghoute alle Engelonde that he was in life and hool and safe. Whenne the pope herde him telle that sir Edward was alife, he comaundid the erle uppon his benesoun that he shulde helpe with alle his power that he myghte, that he were delyverede oute of prisoun and safe his bodie in all maner that he myghte ; and, for to bring this thing unto an ende, he assoylede him and his companye a pena et culpa, and alle tho that helpyn to his delyveraunce. Tho nome Edmunde of Wodestoke, erle of Kente, his leve of the pope and come ayein into Engelonde. And whenne Edmunde was come, som of the frere prechours comen and seyde that sir Edward, his brother, yit was alife in the castel of Corf, under the kepyng of sir Thomas Gurnaye. Tho sped him the forsaide Edmunde as fast as he myghte til that he came unto the castel of Corf, and aqueyntede and spake so faire with sir John Daverill that was constable of the forsaide castel, and yaf him riche yeftis, for to have aqueyntaunce of him and to knowe of his councele. And thus hit bifelle that the forsaide sir Edmunde preyed specially for to telle him prively of his broker, sir Edwarde, if that he levede or were dede, and, if that he were alife, he preyed of him for to have ones a sight. And this sir John Daverell was an hertid man and ful of corage, and answerde shortely unto sir Edmunde and seide that sir Edward, his brother, was in heel and under his kepyng, and derste shewe him unto no man, sith hit was defendid him in the kyngis half Edward, that was Edwardus sone Carnarvan, and also thurgh the comaundement of quene Isabelle, the kynges moder, and of sir Roger the Mortymer, that he shulde shewe his bodie unto no maner man of the worlde, saf oneliche unto hem, uppon lost of life and lym and to dishereteson of his heires for evermore. But the fals treytour falsly lyede, for he was noughte in his warde, but he was take thennes and ladde unto the castel of Berkelee thurgh sir Thomas Gurnay thurgh commaundement of the Mortymer, til that he was dede, as bifore is seide more plenere. But sir Edmunde of Wodestoke wist no thing that Edward, his brother, was dede. Wher uppon he toke a lettre unto the for'saide sir John, and prayede him hertely that he wolde take hit unto kyng Edwarde, his brother, as to his worthi lorde. And he underfenge the lettre of him, and behight to sir Edmunde for to done his message withoute eny maner fayle. And with that sir Edmunde nome of him his leve, that is to seyn of the forseid John, and wente tho into his owen cuntre and lordeship in Kente that he had ther. And anone, as this same John wiste that sir Edmunde of Wodestoke was gone into Kente his owen lordeship, anone he went in alle the haste that he myghte fro the castelle of Corf and come unto sir Roger the Mortymer, and toke him the lettre that sir Edmunde of Wodstoke, erle of Kente, had taken him, closede and enselede with his owen scale. And when sir Roger had underfenge the lettre, he unclosede the lettre and saw what was conteynede therin, and gan hit for to rede. Wherof the begynnyng was this : 'Worshippis and reverences, with brothers liegeaunce and subieccion, sir knyght, worshipful and dere brother, if hit yow please, I pray hertely that ye ben of good comforte, for I shal so ordeyne for yow that sone ye shul come oute of prison and bene deliverede of that disease that ye beth inne. And understondeth of your greet lordeship that I have unto me assentant almoste alle the grete of Engelonde, with alle hire appariel, that is to seyn, with armure, with tresour, withoute nombre, for to mayntene and helpe youre querelle, so ferforth that ye shul ben kyng ayein as ye were beforne ; and that thei alle have sworne to me uppon a book, and as wel prelatis as erlis and barouns.' When sir Roger of Mortymer sawe and understode the myghte and the strength of the lettre, anone for wrath his hert gan bolne and evel herte bare towarde sir Edmunde of Wodestoke, that was erle of Kente. And so with alle the haste that he myghte he wente unto dame Isabel, the quene, that was the kynges moder, and shewed hire sir Edmundes lettre, erle of Kente, and his wille and his purpose, and how he had coniectede and ordeynede to putte adoune kyng Edwarde of Wyndesore, hir sone, of his realte and of his kyngdome. 'Now certis, sir Roger,' quoth the quene, 'hath Edmunde done so? By my fader soule,' quoth she, 'I wol bene therof avengede, if that God graunte me my life, and that in a shorte tyme.' And anone with that the quene Isabel wente unto kyng Edwarde, hire sone, ther that he was atte the parlement atte Wynchestre, for to have amendede the wronges and trespasses that were done amonge the peple in his reame. And tho nome she and shewid him the lettre that sir Edmunde of Wodestoke, erle of Kente, had made and ensealede with his seel ; and bade him, uppon hire benysoun, that he shulde ben avengede uppon him, as uppon his dedely enemy. Tho was the quene so wroth toward sir Edmunde, erle of Rente, and cessid never to pray unto hire sone that he shulde sende in haste after him. And uppon that the kyng sent by his lettres after sir Edmunde of Wodestoke, that he shulde come and speke with him atte Wynchestre, almaner thinges lefte. And when sir Edmunde sawe that the kyng sente after him with his lettre inseled, he hastid him in alle that he myghte, til that he come unto Wynchestre. But tho the quene wiste that Edmunde was come unto Wynchestre, anone she prayede and so faste wente unto Edwarde, hire sone, that the good erle was arrestede anone and ladde unto the barre bifore Robert of Hamond (sic), that was coroner of the kynges householde ; and he associed unto him sir Roger the Mortymer. And tho spake the forsaide John (sic, i.e. Robert) unto him and seide : 'Sir Edmunde, erle of Kente, ye shal understonde that it is done us to wite, and principalliche unto oure liege lorde sir Edwarde, kyng of Engelonde, that almyghti God save and kepe, that ye beth his dedely enemy and his treytour and also a comune enemy unto the reame ; and that ye have bene aboute many a day for to make priveliche delyveraunce of sir Edwarde, somtyme kyng of Engelonde, your broker, the which was putte adoune of his realte by comone assent of alle the lordes of Engelonde, in pesyng of our lorde the kynges estate and also of his reame.' Tho answerde the good man and seide : 'Forsothe, sir, understondeth wel that I was never assentyng for to enpeyre the state of oure lorde the kyng ne of the corone, and that I putte me to ben demede uppon my peers.' And with that worde sire Roger the Mortymer shewed hem the erles lettres and his seal, and seide tho to sir Edmunde, 'Knowe ye oughte the prynte of this lettre?' that he hadde take unto sir John Daverell. And he sawe the printe of his seal, but he sawe nought what was conteynede in the lettre. And the erle him selfe wende that hit had bene one of his lettres that had ben of no charge. Tho seide the erle to sir Roger Mortymer that he wolde noughte forsake the lettre, and that was the printe of his seal. And anone with that worde the wily and the fals Mortymer began to undone the lettre, and gan hit for to rede in audience of alle the courte. And tho seide sir Robert of Hauuille : 'Sir Edmunde,' quoth he, 'sith that ye have made knowyng opinliche in this courte that fiis is your lettre, enselid with your seal, and the tenor of your lettre seith that ye wolde have bene aboute for to have delyvered the bodie of that worshipful sir Edwarde, somtyme kyng of Engelonde, your broker, and for to have holpyn him that he shulde have bene kyng ayein and governede his peple as he wonede before tymes, in enpeyryng of our liege lorde the kyng state, that is now, whom God kepe from alle disese — and this court wol that ye bene undone of life and lyme, and that your heires ben disheritede for evermore, save the grace of our lorde the kyng.' Tho was the erle, sir Edmunde of Wodestoke, putte ayein into prison under ful save warde til uppon the morue. And tho come the Mortymer unto the kyng, ther that he sate atte his mete, and tolde him how the erle was dampnede by way of lawe and also of lyfe and lyme, and his heyres disheritede for evermore, thurgh opyn knowelegeyng in pleyn courte. Wherfore him thoughte good that the forsaide erle were hastly quelde, withoute wetyng of the kyng, for els the kyng wolde foryeve him his deth, and that shulde turne hem unto moche sorwe so as he was empechede. Anone the quene Isabel, thurgh counsel of the Mortymere and withoute eny other counseile, sente in haste to the baillifes of Wynchestre that thei shulde smyte of sir Edmundes heede of Wodestoke, erle of Kente, without eny maner bidyng or respite, uppon peyne of life and lym. Tho nomen the baillifes sir Edmunde oute of prison and ladde him besides the castel atte Wynchestre, and ther they made a gonge fermer smyten of his hevede, for none other man durste hit done. And so deyde he ther, alias!, the tyme that is to seyn, the x. day of Octobre, the thirde yeer of kyng Edwardus regne. And when the kyng wiste therof, he was wonder sory, and lete entere him atte the frere minores atte Wynchestre.
Rymer's Fœdera Volume 2. Concerning those who were of the quarrel of the Earl of Lancaster, about the fines to be remitted by assent of parliament.
The King, to his treasurer and barons of the Exchequer, greeting.
Our beloved and faithful Edmund de Nevill has petitioned us, by his petition exhibited before us and our council: that whereas he, lately, because at the command of Thomas, then Earl of Lancaster (whose retainer he was), he had to array certain men of the county of Lancaster to resist Hugh le Despenser and certain others, councillors of Lord Edward, late King of England, our father, who were then pursuing the said earl, and for that cause he was indicted before Hervey de Staunton and his fellows, justices assigned by our said father to hold pleas before him in the said county, and on that account made fine with our said father before his said justices in the sum of one hundred marks; of which hundred marks the same Edmund, as he says, paid thirty marks into the Exchequer of our said father, and the residue, sixty and ten marks [= 70 marks], still remain to be paid, he has petitioned us to remit and pardon him the said seventy marks.
We, forasmuch as by the assent of the prelates, earls, barons, and magnates, and of the whole community of our realm, in our present parliament at Westminster assembled, it has been agreed and granted that all fines and redemptions made on account of the quarrel of the aforesaid earl shall be wholly annulled and cancelled, being willing to grant this petition as is fitting, we command you that you cause the said Edmund to be discharged and quit at our said Exchequer of the said seventy marks which, as is said, remain to be paid of the said hundred marks, if they are owed on account of the matter aforesaid.
Witness the King, at Westminster, the 14th day of February.
By petition of the council.
Similar writs have the following persons, namely: John de Erleye, for £80, John son of Simon, for £40, Thomas de Herepache, for £20, Thomas de Bradeston, for 100 marks, John de Wylinton, for 3,000 pounds, Walter de Pavely, for 200 marks, Thomas de Gurney, for £100, Thomas de Wylinton, for 40 marks, John de Nevill of Hornby, for £500.
Pro illis qui fuerunt de querela comitis Lancastriæ, super finibus, de assensu parliamenti, relaxandis.
Rex, thesaurario & baronibus suis de scaccario, salutem.
Supplicavit nobis, dilectus & fidelis noster, Edmundus de Nevill, per petitionem suam, coram nobis & consilio nostro exhibitam; ut cùm ipse nuper de eo quod, ad mandatum Thomæ, tunc comitis Lancastr', (cujus familiaris fuit) quosdam homines, de comitatu Lancastriæ, ad resistendum Hugoni le Despenser, & quibusdam aliis, consiliariis domini E. nuper Regis Angliæ, patris nostri, ipsum comitem tunc persequentibus, arraiari debuisset, coram Hervico de Staunton, & sociis suis, justiciariis ipsius patris nostri, ad placita, coram eodem patre nostro tenenda, assignatis in dicto comitatu indictatus fuisset, & eâ occasione finem cum eodem patre nostro, coram præfatis justiciariis suis, per centum marcas fecisset, de quibus quidem centum marcis idem Edmundus triginta marcas ad scaccarium dicti patris nostri solvit, sicut dicit, & residuæ, sexaginta & decem marcæ adhuc restant solvendæ, velimus ei easdem, sexaginta & decem marcas remittere & pardonare;
Nos, pro eo quod, de assensu prælatorum, comitum, baronum, & procerum, ac totius communitatis regni nostri, in præsenti parliamento nostro, apud Westm' convocato, concordatum est, & concessum quod omnes fines & redemptiones, occasione querelæ præfati comitis facti, adnullentur penitùs & cancellentur ; volentes hujusmodi supplicationi annuere, prout decet, vobis mandamus quod ipsum Edmundum, de prædictis sexaginta & decem marcis, quæ de prædictis centum marcis adhuc restant solvendæ, ut est dictum, si occasione prædictà debeantur, ad dictum scaccarium nostrum, exonerari & quietum esse faciatis.
Rege, apud Westm', xiv. die Februarii.
Per petitionem de concilio.
Consimilia brevia habent subscripti; videlicet, Johannes de Erleye pro lxxx. libris. Johannes filius Simonis pro xl. libris. Thomas de Herepache pro xx. libris. Thomas de Bradeston, pro C. marcis. Johannes de Wylinton pro tribus mill' libris. Walterus de Pavely pro CC. marcis. Thomas de Gurney pro C. libris. Thomas de Wylinton. pro xl. marcis. Johannes de Nevill de Horneby, pro quingentis libris.
[his son] Matthew Gurney was born to Thomas Gurney and Joan Furneaux.