No More Learning

the effect and himself and
feated, the great ruin the king ond king dom.
22. “Also, the said Robert Vere, duke Ireland, the counsel and abetment the other four traitors, accroaching himself royal
power, without the king's commission, other which they should have full and sufficient sufficient usual warrant, made himself chief
the said commission and statute; both held manner pleas, well common which man was advise the king against the crown, and gave judgments upon them,
and made execution thereof; and also caused many original and writs be sealed
also caused
doers and traitors caused the king assemble ower, caused delivered John Blois, council certain lords justices and others, eir Bretagne, who was prisoner, and secu
them, under forfeiture, for the first offence, goods and chattels: and for the second of.
parts;
with the great seal used those and
fence, life and member which Ordinance,
Statute, and Commission being made the
assent the king, the lords, judges, and other
sages and commons, assembled the said par
liament, preserve the king royalty and
realm, the said traitors and misdoers, their seizing their lands, others many dishonest evil, false, and traitorous informations, insinu ways, colour the said office; and this ated the king, that the said Ordinance, Sta make war upon and destroy the loyal lords tute and Commission were made defeat his and others the king's liege subjects, the un royalty; and that those who procured and doing the king and the whole realm. counselled the making them, and those who 23. “Also, the said traitors, Robert Vere, excited the king consent them, were wor Alexander, Michael, &c. the counsel and
such accroachment royal power, rise with him great part the peo that country; some threats, others
imprisonments their bodies; some
put death, traitors the king. abetment of Robert Tresilian and Nicholas 18. “Also, after this, the aforesaid five mis Brambre, accroaching themselves royal
many times without the assent and presence rity the king and kingdom, without assent lords the said great council; and made parliament, the king's great council, and divers demands them very suspicious, con without any due warrant, the great strength cerning divers matters, which king, lords ening the adversary France, the ruin the and common people were great trouble with king and realm, and against the statutes and the whole realm. ordinances aforesaid made the last oparlia
19. “Also, accomplish the said high-trea inent. “Also,
son, the said misdoers and traitors, Alexander, 24. the said five traitors caused the
Robert, Michael, &c. the assent and coun king Robert Tresilian and Nicholas Brambre, people,
caused the king ride through the kingdom with some them into Wales, and caused him
have great retinue late divers whom gave badges, which was not done antient time, any king his pro
genitor, that they might have power their false treasons aforesaid.
make come before him the lords, knights, and esquires, and other good people those
25. Also, the aforesaid five Misdoers and Traitors, full accomplishment their places; and made some enter into bond; treasons aforesaid, and make the king give
o,
which that time was the will and purpose
parts, well cities and burghs, other and obliged others their oaths stand
credit them and their counsel, and hold them more loyal and greater sages than others the kingdom; and the more colour their said misdoers and traitors, their false false treasons, caused the king make come imaginations, deceits and accroachments above before him the castle Nottingham, divers said; which securities and oaths were against justices and lawyers the morrow after St. good laws and usages the land, and Bartholomew's-Day last past, and there (m)
him, against
and effect his purpose,
against the oath and dishonour 20. “Also,
the king, the great ruin the king and kingdom.
(m) Divers the Justices refused sub scribe, but yet they were obliged the
rest did among whom was Robert Belknap, who utterly refused, till the duke Ireland and the earl Suffolk compelled him thereto; for had persisted his refusal had not escaped their hands; and yet when had set
force such bonds and oaths, the realm was put into great trouble the
shid evil-doers and traitors; and peril, have suffered many intolerable mischiefs.
(l) There were thirteen Commissioners, but only twelve them were peers.
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107) STATE TRIALS, 11 Richard
constrained the said justices set their hands the Answers certain Questions then pro pounded and delivered them, that means
1388. -Proceedings against the [10s
traitor. —7. was asked, whether the king, whensoever pleased him, might not dissolve the parliament, and command the lords and commons depart from thence, not Whereunto was answered, that he might. —
thereof those persons who were about the king
might have colour put death the duke
Gloucester and other lords, who the last was inquired, that for much was
parliament were ordered have the govern ance the realm. —Which Questions and An swers were follow was asked them, whether the new Statute, Ordinance, and Com mission, made the last parliament held Westminster, hurtful the king's preroga
tive Whereunto all one mind answered,
the king remove such Justices and Officers offended, and punish them for their
offences, whether the lords and commons might without the king's will impeach the same Offi cers and Justices upon their Offences Par
liament, not? To this answer was made, That they might not; and that attempted contrary was suffer as Traitor. —9. was inquired how punished that moved
* they hurtful, especially
That they
were and
against the king's will. —2.
them how they ought
because was in
punished
uired
the parliament, that the Statute wherein
procured Statute,
the said Ordinance and
Edward, king Edward, great grand the son
Commission be made Whereunto with one
punished which moved the king consent devised the parliament? To which Ques the making the said Statute, Ordinance tion, with one accord, the residue,
and Commission Whereunto they answered, they answered, that well that sum That unless the king would give them his moned, the other, which force the said pardon they ought lose their lives. —4. motion brought the said Statute into the Par was inquired them what Punishment they liament House, public Offenders and deserved that compelled the king making Traitors punished. —10. was inquired that Statute, Ordinance and Commission them, whether the Judgment given the
Whereunto they gave Answer, That they parliament against Michael
ought suffer Traitors. -5.
manded them how they ought nished that interrupted the king,
assent they answered, That they deserved
death, except the king his grace would par
don them. –3. was inquired how they ought dinance and Commission, were conceived and
that they said, that the same Judgment were might not exercise those things that apper now given, the Justices and Serjeants
tained his regality and prerogative Where aforesaid would not give the same, because unto answer was made, that they ought seemeth them that the said Judgment punished Traitors. —6. was enquired erroneous and revocable every part. —In wit them, whether, that after the Affairs the ness the premises, the Justices and Serjeants realm, and the cause the calling together
the States the Parliament, were once
the king's commandment declared and opened,
and other Articles the king's behalf limited,
upon which the lords and commons the ter,
realm ought treat and proceed the lords Ireland, Michael earl Suffolk, John Rippon nevertheless would proceed upon other Arti clerk and John Blake.
cles, and not meddle with those Articles which 26. “These five Evil-doers and Traitors are the king had limited, the time the king had also farther accused, that they drew away the answered the Articles proposed them, not heart and goodwill the king from the said withstanding the king injoined them the lords and others, who had agreed make the contrary whether this case the king might said Commission and Ordinances the last rule the parliament, and cause them pro parliament, and thereupon accounted them ceed upon the Articles him limited before Enemies and Traitors: and being sure the said they proceeded any further To which Ques Justices favoured their designs, contrived that tion was answered, That the king should those lords and others should arrested, in
have this part the rule for order
the son, and put
con
his seal,
London
prosecuted until the end and any presumed
rule, was punished
death, and they and their issue and these false arrests, indict
attainders, were made Middlesex; and for that purpose they had procured false and wicked person
called Thomas Husk, be under-sheriff of Middlesex who their assent, procurement and command, undertook the said false Indict ments and Attainders should be made and ac complished and for the more complete effect ing their Treason, they caused the king send his Letters Credence one John Rip
Articles parliament; trary this
know had not done this should not have
“escaped your hands; that for your pleasures
‘and the king's have done and thereby deserve death the hands the lords. ’
Holin. vol. 456.
disherited ments, and
burst out into these words: Now here lacketh nothing but rope, that may receive reward worthy my desert; and
father the king that now was indicted parliament, might sent for; inspection
which Statute, the said new Statute, Or
i.
was de Suffolk, were erroneous, and revocable not? pu To which Question likewise with one assent
aforesaid these presents have set their seals; there being Witnessess, Alexander archbishop York, Robert archbishop Dublin, John
! .
bishop Durham, Thomas bishop Ches
bishop Bangor,
such dicted, and attainted false Inquests Trea
Robert duke
earl of
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109] STATE TRIALs, in Richard
pon, false clerk, and one their crew,
the mayor London arrest the duke
Glocester, and others therein named and
force of those Letters one John Blake carried persons*
13ss—Archbishop York, other. [110
them, which they were indicted and the king promise the king France, attainted. The effect of which bill was his Letters Patent and Messages, that for
That seemed for the better that certain of his aid and power accomplish the same, “the lords, knights, and commons the last would grant and surrender unto him the town parliament which were notoriously impeach and castle Calais, and other castles and
“able, should privately indicted London fortresses the marches and confines and Middlesex Conspiracy and Confede Picardy and Artois, with the castles and towns
“racy, for that they certain day mentioned, Cherburg and Brest; the great disho
“falsely and traiterously had conspired and nour, trouble, and ruin the king and confederated between themselves make kingdom.
‘the same parliament Statute and Commis 31. “Also, after the last named three were “sion against the royalty our lord the king, sure having aid and assistance from the ‘and derogation his crown, and procured king France, instigation and contrivance
the same Statute there afterwards at cer the said Traitors, conference was have
“tain day passed and also had pro
“cured, may constrained our lord the king
‘assent against his will have made; and
“they traiterously against their allegiance
“hindered the king from using his royalty,
‘the great disherison him, and derogation
‘to his crown, against their allegiance, swearing
“to maintain each other this matter. ”—And Thomas earl Warwick, and divers others, further, The said Evil-doers and Traitors set
28. “Also, after this false and traiterous
Information, when the five aforesaid had pro into London, and without the assent and know
cured the king hold the loyal lords Ene mies and Traitors; the said Misdoers and
ledge the king, there openly his name
made the crafts trades that city
every way possible, well by the power his own people,
sworn, lawful,
Traitors advised him
power his enemies France and others, destroy and put death the said lords, and others who assented the making the said Statute, Ordinance and Commission; and that might done privately, none
might know till was done.
29. “Also, accomplish the High-Treason
aforesaid, Alexander, &c. Robert Vere, &c. and Michael, &c. their advice, caused the
king send his Letters Credence the adversary the king France; some one Nicholas Southwell, groom the chamber, and others other persons small account,
well strangers English, requesting and
praying the king France that would with all his power and advice aiding and assisting
him destroy and put death the said lords and other English which the king held
record
the
Enemies and Traitors above, the great disturbance and dissatisfaction of the whole realm.
S0. “Also the three last named en the mayor Bill Information against croaching themselves royal power, caused
been the marches Calais about truce for five years between the two nations; which conference both kings were pre
sent, likewise
king then held
Thomas duke
land, Richard earl Arundel and Surrey, and
the English lords whom the his Traitors; and there Glocester, constable Eng
watch give notice the duke landing England, that might
Lancaster's arrested
were have been put death treachery. 32. “Also for performance this High Treason, the last named three caused the king
upon his arrival.
27. “Also the above-named five Evil-doers
and Traitors, after having informed the king that should believe that the said Statute, Ordinance and Commission were made dero
gation his royalty and prerogative, they strongly possessed him that those who made caused made the said Statute, Ordinance and Commission, had thereby purpose degrade, amd finally oppose him, and that they would not give over that purpose
until they had perfected for which cause the king held them Enemies and Traitors.
send for Safe-Conducts the king France; some for himself and for the duke of
Ireland, and others John Salisbury and
John Lancaster, knights, with other people with
them, who were into France, put
execution this wicked purpose and treason,
which Safe-Conducts were ready pro duced.
33. “Also the aforesaid Nicholas Brambre false knight London, the assent and ad
vice the said Alexander, &c. Robert Vere, &c. Michael, &c. and Robert Tresilian false Justice, encroaching themselves royal power (as before) some them went personally
hold and perform divers matters not contained the said Oath upon Chancery and amongst other things, that they should keep and maintain the king's
will and purpose
such were,
king's person
should ready
destruction all such who did should de sign Treason against the king any manner; and that they should ready and come speedily their mayor for the time being, that afterwards should be, when and what hour they should required, resist, long
they lived, such did should design any thing against the king any the points abovesaid which time the king, evil In formation the said Misdoers and Traitors, and the false Answers the Justices, firmly held the said lords and others who con
-
their power, against
should rebels against the his royalty, and that they live and die with him
to be
to
of by toas
II,
tobe
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of aa of
to ; to
by
of at
in asto allof is
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to it be asaofby it
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: to be
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111] STATE TRIALS, 1 I Richard II. 13ss-proceedings against the [112
trived the said Statute, Ordinance and Com sufficient power, should not cease march mission, to be rebels, enemies, and traitors, on with all his force come him. And soon which false Information was then unknown to after they caused the king write the said the people of London; and also by obscure duke that he should take the field with all the words contained in the said Oath, the intent of force could get together; and that would the Misdoers and Traitors being to engage the meet him with his troops, and that would people of London to raise their power to de adventure his royal person with him, and that stroy the said loyal lords and others. was great danger, also the whole na
34. “Also the said Nicholas, Alexander, tion, was not relieved by him and this
Robert de Vere, and Michael, as Traitors to
the king and kingdom, encroaching to them
selves royal power, did of their own authority,
without warrant from the king, or his great
council, cause to be proclaimed through the
city of London, that none of the king's lieges
should aid or comfort Richard earl of Arundel
the duke ought declare the people with him, and that the king would pay the wages and costs the said duke, and the people assembled with him. By virtue which Let ters, and the wicked and traitorous instigations,
well the duke and his adherents, all the other Misdoers and Traitors, raised great number men arms, and archers,
and others who had assented the making the said Statute, Ordinance and Commission, defence the king and kingdom.
i.
and Surrey, a peer of the land, and one of the
king's great during council the
Commission ; nor should sell him armour,
victuals, or other things necessary, but should
avoid his party rebels, upon pain
being proceeded against rebels, and for
feiture they were worth shewing letters
patent from the king for making such Procla
lords of
Chester,
Ireland, kingdom,
Brambre,
35. “Also the said Nicholas as arms and archers .
might get such persons
turned for knights the shire serve par and his crown. ”
liament; the undoing the loyal lords and
commons, and also the good laws and customs the kingdom.
This Impeachment was exhibited Monday
the 3rd February, being the first day the parliament; when the Lords Appellants also
they should name
37. “Also the said five Misdoers and Trai affirmed they were ready prove every Article tors, during the time protection, hinder should awarded parliament, the
A.
honour God, and the advantage and profit
the
other ministers several counties, levy and king and lords solemnly summoned the assemble the power they could join with great Hall Westminster, also the Gate the duke Ireland against the Lord Appel the said Palace, come and answer the lants, make sudden war upon and destroy said Appellants; but upon their non-appear
against them, falsely
prevailed with the king command his let the king and the whole realm. —Whereupon all ters divers knights and esquires, sheriffs, and the persons appealed, were command the
them. 38.
ance, the said duke and Lords Appellants Also during the time the said pro prayed, That their default might recorded. the said Robert Vere, Michael, Then upon the said Appellants alledging, that
counselled and
tection
&c. Alexander, Nicholas, &c. they caused the the accused had full notice the said Appeal,
king letters, land, ão they were
signify the duke Ire and the king and lords being satisfied was so,
and Thomas earl
and how had
had taken into his
special protection
and lords took consider and examine the Articles,
appealed Treason Gloucester, constable
reason they did not appear, their default was recorded accordingly Whereupon the
said duke and earls Appellants prayed the
king lords, they might adjudged and that
and convicted of the Treasons contained the
Thomas duke
England, Richard earl Arundel and Surrey,
Warwick,
iven them day until the next parliament, and
i.
both parties, with their goods and chattels: And was further contained the king's let
ters, That the duke Ireland should have
said
time
after which they would give such Judgment this case, should the honour God,
well
the counties Lancaster and
Wales and other places the kingdom, destroy and put death the said loyal lords,
39. “Aiso the said Robert Vere, duke
mation, being liege subjects.
the destruction the king's
false traitor the king and assembled great power men
sent and council
Vere, and Michael, caused
Wales, and many other places, pro have traitorously destroyed with
the intent his power
the said Alexander, Robert
Lancashire, Cheshire,
claimed the city London, That should hardy presume
worth. with divers others the king's lieges, the undo- 36. “Also the said five Traitors the king ing and ruin the king and the whole kingdom; and kingdom caused the king make certain and rode and marched with great force of
person speak any the said Misdoers and Traitors, upon pain
the said lords, Thomas duke constable England, Henry earl
Gloucester, Derby,
Richard earl of Arunded
forfeiting the king whatever they were earl Warwick, and Thomas earl marshall,
persons sheriffs through the kingdom,
men arms, and archers, from the county of Chester Ratcot Bridge, accroaching him self royal power, and displaying the king's ban ner army, against the state the king
named and recommended Evil-doers and Traitors,
him the said the intent that they
Appeal. king Then the
Surrey,
Thomas
if
of all
to to of
bein so
of
to of
of
asof as to
as as
as
of of his to
of
be to
to
to
of
he
it he by
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all ofto of all
of
to
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asa
be
be it
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to
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of of he : to
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of
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de
“ to
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of all all of
to to
intode to;
he
of by
by
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of
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.
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be a in a
of at
to
all
-
his
a oftotode of all
to
113] STATE TRIALS, 11 Richard
the advantage and profit the king and the
whole kingdom. Then the king commanded the said lords to cxamine the Articles seve
rally, which they did with great labour and diligence, until Thursday the 13th February. During this interval, the Justices, Serjeants,
and other sages the law, both the realm
and law were charged the king
give their faithful Advice the lords par delunation. "—They likewise sent their Protes liament how they ought proceed the tation the Chapel the Abbey where the abovesaid Appeal. Then the said Justices, commons sate, which was allowed of.
Serjeants, and sages both laws having taken And then, the 13th February, the these matters into their deliberation, answered king and lords parliament being inet again the said lords parliament, that they had seen the Whitehall, the said Appellants prayed and well understood the tenor the said Ap that the last Default the said archbishop, peal, and affirmed that was not made nor duke, and earl, and Robert Tresilian, should brought according the one law other re recorded. Then the persons accused being
quired. Upon which the said lords parlia incut, having taken deliberation and advice, was the assent the king with their common accord declared, That high crime
laid
son
this Appeal, and which touches the per 12th, 15th and 17th also the 18th, 29th,
30th, 31st, 32nd, 37th, 38th, and 39th Articles:
and then upon due information their con sciences, they pronounced the said archbishop, duke, and earl, with Itobert Tresilian, be
court, except that parlia notoriously guilty each the said Articles belongs the lords par that concerned them, and that they were also
the king and the estates this realm, perpetrated persons who are peers
and
thereof, together with others, the cause cannot
1388. -Archbishop York, and others. [114.
death passed for the confirmation winereof the Clergy delivered Protestation, which being read, th: declared, ‘That neither
respect any favour, nor fear any ‘man's hate, nor hope any reward, they
did desire absent thems loes; but only that they were bound the Canon not be present any man's arraignment con
again summoned (the third time) and not ap pearing, the lords proceeded judgment, and declared, that divers the Articles therein contained were Treason; the 1st, 2nd, 11th,
tried elsewhere but parliament, nor
any other law ment; and that liament, and
case award parliament, because the realm said duke and carls Appellants prayed the king, England not, nor ever was (neither the and the lords there present, that the persons intent the king and lords parliamcnt that appealed aford said should adjudged
shall ever be) ruled and governed the convicted the High-Treasons contained
culpable the rest the Articles contained the said Appeal, not yet declared treason.
Then presence the king, and lords, as the king; and thus shall done this sembled the day and place aforesaid, the
antient custom such cases, and
their free choice and liberty, parliament, judges
judge them the assent
civil law; and therefore
otherwise proceed
Appeal, which cannot
any where else than
process order used inferior courts only said archbishop, duke, and earl, with Robert
the Ordinances and establishments
ment: and was the Judginent the lords
king and kingdom; and that their heirs should disinheritcd for ever, and their lands and tenements, goods and chattels forfeited the
king and lords record their Default; and that Nicholas Brambre (who was the only per son custody) might brought answer.
was brought the constable the Tower into parliament; and being charged with the aforesaid Articles Treason, desired longer
not their intent the said Appeals. Wher, fore the said lords high case this parliament there present, judges par
tried determined liament this case, assent the king pro parliament, since the nounced their Sentence; and did adjudge the
they are intrusted with the execution the Tresilian, appealed aforesaid, Guilty ancient laws and customs the realm, and and convicted Treason, and ‘drawn
parlia and hanged Traitors and Enemies the
parliament, assent the king, that this
Appeal was well and duly brought, and the
process upon the same was good and effectual,
according the laws and course parliament,
and which they will award and judge
Upon this the Appellants again moved the On this day [Feb. 17], Nicholas Brambre
Then the other persons appealed were again time, that
summoned come and make Answer, but learned
they did not appear; nevertheless the king and full Answer
lords took time deliberate till the next day, fused, that
being the 5th February; which time the nor allowable
said Appellants again prayed that the Default whereupon the Judges required him then
the appealed might recorded, which was answer severally and distinctly every point done accordingly. After which the lord chan the Articles Treason contained. Where cellor, [The bishop Ely; Tyrrel says, the unto Brambre answered, Whosoever loith
archbishop Canterbury], the name the clergy, open parliament, made oration,
shewing, ‘That they could not any ineans present proceedings where any censure WQL.
branded me with this ignominious mark, with him am ready fight the lists main: tain my innocency, whenever the king shall
“appoint. ' And this spake with such
king, and that the temporalities the arch
bishop York should taken into the king's hands. ’
might advise with counsel the law, and might make more his Accusation; but was re required thing not usual, law case this nature,
be
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in
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as by
of ; by y of of asof of of ;’
in' sir a
of as of
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toofofoftobe of for
he
o
bebe
by
as
115] STATE TRIALS, 11 Richand fury, that his eyes sparkled with rage, and
Etna lay hid his breast, die gloriously the field,
1388. -Proceedings against the [116
they met the guard leading Tresilian bound, crying they came, ‘We have him, we have
him. '(o)— Tresilian being come into the Hall,
breathed
chusing rather than disgracefully
gibbet.
The Appellants hearing this courageous (o) Froisart's Chron. part fol. 110, relates
challenge, with resolute countenance answered, the manner his discovery thus Under That they would readily accept the combat, standing that the king's uncles and the new
and thereupon flung down their gages before
the king; and sudden the whole company lords, knights, esquires, and commons flung
down their gages thick, that they seemed
these Articles true thy head, most Palace
Westminster, (Tresilian) thought there learn what should be
came and lodged Westmin like snow winter's day, crying, out, “We ster the same day their Council began, and also will accept the combat, and will prove lodg’d Gate, ale-house right over-against the and there was chamber
window down into the court, might see them that went and
‘damnable Traitor. ' But the lords resolved
looking out
and there
out the Council, but none knew him because
that Battle (n) did not that case, and
that they would examine the Articles touching the said Nicholas, and take due Information
true, necessary, and convenient ways,
his apparel. At last day, squire of the duke Gloucester's knew him, for had oftentimes been his company: and soon
that their consciences might truly directed
what Judgment give this case, the as sir Robert Tresilian saw him he knew him
honour God, the advantage and profit well, and withdrew himself out the window.
the king and his kingdom, and answer fore God, according
they would The squire had suspicion thereof, and said
the course himself, ‘methinks see yonder Robert
Tresilian;' and the intent know the truth, This day, [reb. 19. ] aggravate the Appel entered into the lodging, and said the lation against the Conspirators, there came di wife, “Dame, who that, that above the
Exactions where with they had been daily
Council England would keep secret Par
liament and
done; and
and law
parliament.
vers Companies the City London, com
plaining the manifold injuries they had suf
fered from Bram*bre, and other Extortions and been here long space? ' There with the squire
went up the better advise him, and saluted charged; and yet they protested, that they him, and saw well was true; but feigned
chamber alone with company? ’ “Sir," quoth she, “I cannot shew you, but has
per himself,
either for hote his and turned his and “God
did not accuse
son, for love, fear, hope reward from his enemies, but they charged him only with the truth. --Before they could proceed with his Trial, they were interrupted unfortunate Tresilian, who being got upon the top apothecary’s house adjoining the Palace, and descended into gutter look about him and observe who went into the Palace, was discovered certain the peers, who
tale,
save you, good man, pray you not discon
}.
he was, and having spent long time vain
looking for him, length one the guard
stept the master the house, and taking bad him farewel, and departed and never him the shoulder with his daeger drawn, ceased till he came the Council Chamber said thus, “Silew where thou hast hid Tre door, and called the usher open the door. silian, el-e resolve thy days are accom Then the usher demanded what would, be
resently sent some the Guard appre
him who entering into the house where
you,' quoth he,
thank and shall not refuse
plished. ' The master trembling and ready yield the ghost fear, answered, ‘Yonder
cause the lords were Council he answered
master the duke of Giocester, for matter that bays, right near toucheth him and all the Council. ” under which Tresilian lay close covered. When Then the usher let him in, and when he came they had found him they drew him out the before his master, said, ‘Sir, have brought
the place where lies;' and showed him round table covered with branches
heels, wondering see him wear his hair and beard overgrown, with old clouted shoes and
patched hose, more like miserable poor beggar than judge. —When this came the
you great tidings,” “What they quoth the duke. “Sir," quoth the squire, will speak aloud, for touchetl, you and my lords here present. have secn sir Robert Tresilian dis
ears the peers, the five Appellants suddenly guised villain's habit, alehouse here rose up, and going the gate the Hall, without the gate. ’ ‘Tresilian quoth the duke. ‘Yea, truly, sir, quoth the squire, you shall
appeals Treason, battle does not have hin ere you dinner, you please. ” lie, can proved witnesses. See Pro am content,’ quoth the duke, ‘and shall ceedings against the earl Clarendon, show some news his master the duke of 1667,
tented, for took you for farmer mine Essex, for you are like him. ’ “Sir, quoth he,
am Kent, and
Hollands, and there
Canterbury's that would
am come hither complain the Council. ” “Well, quoth the squire, “if you come into the palace will help make your way, that you shall speak with the lords the Council. ’ “Sir,
your aid. ’ Then the squire called for pot of ale, and drank with him, and paid for and
and said, would speak with my lord and
Ireland; thy way and fetch him, but look
said,
farmer sir John of
men the bishop of me wrong; and
go
it
of
in lie
a ofofbeinto
A. D.
of ato in an
is
it)of upbyto
by “* of or all
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to
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to an
117] STATE TRIALS, 11 Richard
was asked what could say for himself, why execution should not done according the Judgment passed upon him for his Treasons
often committed but became one
struck dumb, had nothing say, and his
heart was hardened the very last, that
he would not consess himself guilty any
thing. Whereupon was without delay led able make any Answer the Articles
the Tower, that might suffer the Sentence wherewith was charged, the like Sentence passed against him his wife and his children was pronounced against him, had been be did with many tears accompany him the fore against the other conspirators. After Tower; but his wife was overcome with which was drawn upon hurdle from the grief, that she fell down swoon she Tower Tyburn, through the city, when
had been dead. —Immediately Tresilian put shewed himself very penitent, humbly craving upon hurdle, and drawn through the streets mercy and forgiveness the hands God
the city, with wonderful concourse and men, whom had people following him. At every furlong's end and injuriously wronged was suffered stop, that might rest him nestly desiring persons
grievously offended, times past, ear
self, and see would confess acknow
ledge any thing; but what said the frier
When he came
pray for him when the rope was about his neck, and was ready turned off, certain young man,
his confessor, not known. the place execution,
the son one Northampton, asked him
1388. —Archbishop York, and others. [118
because the night approached, they him
hang till the next morning, and then his wife
would not climb had done justice his father not [for being soundly Northampton was 1385 mayor the city beaten with bats and staves, he was forced Louden, more wealthy and substantial than and when was up, said, ‘So long any else the City; him did Brambre and wear any thing upon me, shall not Tresilian accuse Treason and Conspiracy die;’ wherefore the executioner stript him, against the State, and condemned him die,
and found certain images painted like the being despoiled his estate, himself signs the heavens, and the head devil length, hardly escaped, Holin. vol. 446. painted, and the names many the devils To whom Brambre answered and confesse
wrote in-parchment; these being taken away with bitter tears, that what did was most was hanged naked, and. after had vile and wicked, and with intent only hanged some time, that the spectators should murder and overthrow the said Northampton;
sure was dead, they cut his throat, and which craving pardon the young man, that thou strong enough that thou the state knight. ’ “Sir, quoth Tresilian,
the ladder, until such time
having obtained licence the king, took
down body, and carried the Gray Friars, where was buried.
so
parliament; being
On this day 20], Brambre was brought
again before the but not
fail not. ’ The squire went forth and took four serjeants with him, and said, ‘Sirs, follow me
have trespassed, ask pardon, for was
caused this do? “Well, sir' quoth the duke, and where your master the duke Ireland;’ and that lay my hand man, that for, ‘Sir, quoth he, ‘of truth with the king. ’
afar off; and soon make you sign,
take him and let him not escape. ” Therewith ‘It shewed here,' quoth the duke, that
the squire entered into the house where Tre silian was, and went into the chamber; and soon saw him, said, ‘Tresilian, you
assembleth much people, and the king for him; whither will lead that people “Sir” quoth he, “it into Ireland. ” “Into Ire
are come into this country goodness; my land' quoth the duke Glocester. ‘Yea, lord the duke Glocester commandeth, that sir, truly, quoth Tresilian: and then the duke you come and speak with him. ’ The knight studied little, and said, “Ah, Tresilian Tre would have excused himself, and said, “I am silian your business neither fair nor good; not Tresilian, am fariner sir John Hol
lands. ’ Nay, nay,’ quoth the squire, your
body Tresilian, but your habit not and
there with made tokens the serjeants that
you have done great folly come into this country for you are not beloved here, and
they should take him. Then they went into brother and me, and you have troubled your
the chamber and took him, and brought power, and with your counsel, the king, and him the palace. Of his taking the duke divers others, nobles the realm; also you Glocester was right joyful, and would see him, have moved certain good towns against us. and when was his presence the duke Now the day come, that you shall have your said, ‘Tresilian, what thing makes you here payment; for that doth well, reason this country where the king where lest shall find Think your business, for
you him Tresilian, when saw that was well known, and that none excusation could avail him, said, ‘Sir, the king sent me hither
will neither eat nor drink till you dead. ”
That word greatly abashed Tresilian; would
sain have excused himself with fair language, lowly humbling himself; but could
learn tidings, and Bristol, and hunt
eth along the river Severn. ” “What,’ quoth nothing appease the duke. Robert
the duke, ‘you are not come like wise man, but rather like spy; you would have come have learnt titlings, you should have come
Tresilian was delivered the hangman, and
led out Westminster, and there beheaded,- and after hanged gibbet.
that shall well seen: you and such other your affinity have done great displeasure my
to toso
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II.
ł 19] STATE TRIALS, 11 Rich And
was suddenly turned off, and the executioner cutting his throat died (p).
thorpe, William Burleigh, John Carey, and knew were contrived for the honour
devised and drawn the Commission and
Statute, whereby the government was wholly taken out the king's hands, and that
forfeited
Whilst the Peers were trying them, the Cler
therefore liated him above found not some way
said Statute and Commission,
tention the lords, and such assisted
the making them, was, that they should
for the honour and good government the
state the king and kingdom that twice
1388-Proceedings against [120
examine the matter and circumstances of
and for that they were present the making Robert Belknap, John Holt, Roger Ful the said Statute and Commission, which they
John Lockton, being impeached [March 2. ] by the Commons, were coiled answer for
their Conspiracy against the Commissioners Nottingham. They could not gainsay, but that the tuestions were such were then asked them, but denied “the Answers'
and for the good government the state the king and whole kingdom, and that was the king's will, that they should not have otherwise answered them, than according law, and had answered before, they were the lords tem
the king, adjudged be
and Robert Belknap pleaded
cular, that the archbishop York,
Chamber Windsor, told him that
be poral, the assent parti drawn and hanged
Traitors,' lands and
their heirs tenements, the king.
his disherited, and their had goods and chattels
were retired into the King's Chamber; but when word was brought them of the Con demnation the Judges, the abp. Canter bury, the bishop Winchester, the chancellor, the Treasurer, the Lord Keeper the Privy Seal, arose hastily and went into the parliament house, pouring forth their complaints before the king and peers, humbly upon their knees be
seeching them, that for the love God, the
Virgin Mary, and the Saints, even they parted from the king dissatisfied, and was hoped have mercy the Day Judgment,
men; and that make void the should be slain Traitor. He answered, that the in
God,
doubt his life; and said these Answers pro ceeded not from his good-will, but were made
against his mind, and were the effects threats the archbishop York, duke
land, and earl Suffolk; and that
sworn, and commanded the presence
king, upon pain death, conceal this mat ter, the counsel the king; and prayed for the love God that might have gracious and merciful judgment.
Sir John Holt alledged the same matter excuse, and made the same prayer, did William Burleigh, and John Carey; who made the same excuse, and made the same requests, did also Roger Fulthorpe, and John Locton, serjeant law.
To which the commons answered, That the Justices made Answer, and contrived with they were taken and holden sages the the persons appealed, that the lords, and other law; and the king's will was, that they should the king's loyal lieges that caused the said Com have answered the Question the law was, mission and Statute made the last par and not otherwise, they did, with design, liament, should be indicted London and Mid and under colour law, murder and de dlesex, for treason, and that they should ar stroy the lords, and loyal licges, who were rested, and traitorously and wickedly murdered: aiding and assisting making the Commission
and Statute the last parliament, for the good
Government the State the king and king
don; and therefore the Commons prayed
they might adjudged, convicted, and at Belknap and John Holt the village Dro
tainted Traitors. Upon which the lords temporal took time good deliberation
more Ireland; not iive Justices but as banished offenders, nor out town above the space two miles upon pain death. But the king out his bounty was pleased give yearly annuity 40l. Ro bert Belknap, and marks John Holt, during their lives—Roger Fulthorpe, and Wm.
(p) Grafton, him, 379. and from
Holin shed, vol. 463, say, That his mayoralty
he caused great and monstrous stocks be
the Ire was the
Glocester likewise, with the earls Arundel, Warwick, Derby, and Nottingham, whose hearts began mollified, joined with them
made imprison men in, also uncom
mon axe to strike off the heads of such as Burleigh, the city Dublin, with the
should resist his will and pleasure; and that yearly allowance 40l. each during life, was scotenced the parliament be with the liberty going two miles Burleigh, headed with his own axe. Froisart's Chron. and three Fulthorpe, for their recreation. Part. fol. 113. But appears the Par —John Cary and John Locton, Waterford, liament-Roils, Rich. Par. No. 15. that with the yearly allowance 20, each during
both and Tresilian were drawn and hanged. life, with the like liberty, and liko penalty.
they should shew favour, and not put death the said Judges then present. —The duke of
their Petition. At length through their in tercession, the execution upon their persons
was spared, and their lives granted them but they were sent back the Tower kept close prisoners, and afterwards were sent into Ireland, there remain for term life (q).
On Tuesday, March John Blake and Thomas Uske were brought into parliament: and first John Blake was impeached the commons, That being retained council for the king, drew the questions, which
and that was aiding and advising the treasons aforesaid, with the appealed already
(q) They were thus distributed Robert
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121, STATE TRIALS, 11 Richard 1388. —Archbishop York, and others. [12? executed. —Then Thomas Uske was accused for were sixteen the first Article was the first Ar
. . ".
the former impeachinent; the second
rocuring himself made Under-Sheriff
ticle Article mies
were accused Traitors and ene
lords, and loyal lieges, arrested and indicted,
they
the kingdom, for that they knew
the end cause the said
had been said before and was aiding and the treasons the Appeal mentioned, and that counselling the Appealed the Treasons afore they were aiding, assisting, counselling and as said. —John Blake answered, “That was senting the Traitors attainted and that retained council for the king, his com Simon Burleigh, and John Beauchamp were mand, and sworn keep secret his Advice, principal actors the said Treasons.
and whatever did, was the king's com the eighth Article they were accused for con
mand, whom ought obey. ” And Thomas spiring and designing with the five persons ap
Uske gave the same answer. Whereupon the pealed, destroy and put death those who
lords temporal took deliberation till the mor were assenting the making the said Com
row, being the 4th March, when the said mission and Statute the last parliament,
John and Thomas were again brought into par Another Article was, That the said Simon
liament; and goodoadvice:and deliberation hav Burleigh being King's Chamberlain, and being
ing been taken the lords, they pronounced obliged counsel the king for the best, the
them Guilty the things whereof they were advantage him and his realm, the said
accused. And whereas they alledged for their Simon wicked contrivance and procure
excuse the king's made the crime ment advised the king entertain his house
persons hold great numbers aliens, Bohemians and appealed and condemned, had encroached others, and give them large gifts out the themselves royal power, said before, and revenues and profits the realm, whereby the was their command, and not the king's then king was greatly impoverished, and the people the lords awarded, assent the king, that otherwise oppressed. —The other Articles are
should both ‘Hanged and Drawn less moment, but relating the articles raitors,' open enemies the king and the appeal, which they pleaded Not kingdom, and their heirs disherited for ever, Guilty. "—The Commons replied they were
and their lands and tenements, goods and Guilty, and the lords took time examine and
they
the greater, for that knew well the
chattels forfeited the king; and they were ex ecuted the same day.
On the 6th March, Thomas bishop Chichester was impeached and accused the Commons, that was present the places
and times when the said Questions were put
the Justices, &c. and the Answers made; and
consider the Impeachment. Upon this and the bishop Chichester's Impeachment, the lords
adjourned until the 20th March, which day the whole parliament was adjourned until
the 13th April, which day the lords fur ther adjourned till the 5th May; the time between was taken with the Affair sir
the concealment the Treason, had made such assurance as he could not discover:
and said further, that the traitors were about the king; and had such power over him before, that had not great interest the king
prevent those mischiefs, that now came upon him. The commons replied, He had upon matter confessed himself Guilty, and prayed
might attainted. Upon this Answer bishop, the Replication the Commons,
and circumstances the Accusation, the
give such, Judgment,
lords took time
might for the honour God, and profit
king and kingdom.
Simon Burleigh, John Beauchamp,
James Baroverse and John Salisbury, were
they did, Simon Burleigh: for three appellants, viz. the
excited them threats answer
and knew the false purposes and Treason de duke Glocester, the earls
cially about Kent, favour Simon Bur leigh; which when they heard, those that before spake and stood for him, now clean left him. — By joint consent the king and the lords, Sen tence was pronouriced (May 5. ) against the said
Simon Burleigh, That should drawn from the Tower Tyburn, and there hang till dead, and then have his head
struck from his body; but because was Knight the Garter, gallant courtier, pow
erful, and once (r) favourite the king's, and much respected the court, the king was
pleased mitigate his doom, that should only led Tower-Hill, and there be hebeaded. —
John Beauchamp, steward the houshold the king, James Baroverse, and John Salisbury,
brought into the Parliament House, where they
were impeached the instance the Com
inous. The Articles exhibited against them ment and greatuess, Holin. vol. 404.
signed the Traitors adjudged, and aided and
assisted them, and would not make discovery
any the lords, that caused the said Commis
sion made last parliament, whereby Re and queen, the earls Derby and Nottingham, medy might have been had for the safety the and the Prior St. John his uncle, with the king and kingdom. To which the bishop an major part the house lords, did labour swered, “That his own freewill, had not have him saved. —There was also some mut excited them say any thing; and fur tering among the common people, and was ther said, they were not excited charged reported the parliament that the Commons say anything but what the law was and touch did rise divers parts the realm, but espe
Warwick, with the whole house
urged that Execution should
cording the law; the other side, the king
(r) See particular account his advance
Arundel and commons,
performed ac
p.
he bebe to a
on he of “ of
;
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123] STATE TRIALS, 21 Richard 1997. -Impeachment Fitz-Alan. [124
knights, gentlemen the privy-chamber, were (s). The Judgments were afterwards re like manner condemned; May 12, the two versed the parliament held the 21st Rd. first were beheaded on Tower-Hill, but John but that parliament declared have been Salisbury was drawn from Tower-Hill Ty held force the Parliament Rolls, Hen. 4. burn, and there hanged. On the same day Nos. 21, 22, and No. 48, and therefore also was condemned the bishop Chichester, entirely repealed Hen. cap. and the
the king's Confessor; but because his great parliament
Rd. confirmed and
for the honour and profit the Hen. cap.
dignity was pardoned, but was banished Cork Ireland (s).
13. Impeachment Thom
bury, 368.
proved realm,
High Treason:
Cobb. Parl. Hist. 224. ]
Fitz-ALAN, archbishop Canter
Richard 1397. [Cotton,
ON the 20th
mons came before the king, full parliament, and impeachment touched high person, and made Protestation their Speaker, that and peer the realm, would advised. ” though they intended shew and declare cer The next day the commons prayed the king, tain matters and Articles, which they had then “That thcy had impeached and accused
September 1307, the com The king answered; “Because the accusation
agreed amongst themselves; the archbishop Canterbury assenting and
advised and
yet, nevertheless
will, with leave
peach any person
should think fit, during the time
ment; they prayed the king that would dignity, that please accept this Protestation, and, that judgment against might entered Record the Roll cause required. ” Parliament; which the king granted and coin manded
was and the king,
their intent and being the contrivance making the com accuse im mission on the 19th November, the 10th
ost, they the king, and agreed the execution of the this parlia same, which was expressly against his state and
persons,
recorded parliament, manded done accordingly. “That the archbishop had been before him,
On the same day, the commons came again the presence certain lords, and confessed
the commission, and therefore put himself upon the king's grace and mercy. ” Upon this,
before the king, parliament, and impeached
Thomas Arundel, then archbishop Canter
bury, High Treason; “For that he, being
the chief officer the king, his chancellor, the king and the lords temporal, with sir
when was bishop Ely, was traiterously aiding, procuring and advising making
commission, directed Thomas duke Gloucester, Richard earl Arundel, and
others, the 10th his majesty's reign and made and procured himself, chief officer,
Thomas Peircy, the proctor the prelates, who, appears upon record, had full power
from the whole body the clergy act for them, adjudged and declared the said article, which the archbishop had confessed, trea son, and that touched the king himself; for
put into have power, with the other which they, also, adjudged and declared him commissioners, see put execution; which traitor. And was awarded parliament, commission was made prejudice the king, “That should be banished out the king and openly against his royalty, crown and dig dom, have his temporalities seized, and his nity; and that the said Thomas actually put goods and chattels forfeited the king, who the said commission execution. ” “Also, was, also, appoint the time his exile. ” that the said archbishop, the 11th the Whereupon, the king assigned him time king, procured and advised the duke passage, which was from the eve St. Mi Gloucester, with the earls Warwick and chael, until six weeks next cnsuing pass
Arundel, take upon them royal power, and from the port Dover into France; and fur arrest the king's liege subjects, viz. Simon ther, that should forfeit all his lands, tene
Burley and James Berners, knights, and ad ments, and possessions, which
judge them death, contrary the king's simple descent, purchase,
will and without his consent; thereupon, the the day the treason committed,
had fee otherwise, after,
said commons prayed the king that the said that any one held his use, the king and archbishop might put into safe custody. ” his heirs for ever.
would please ordain such the said archbishop the Hereupon the king com
that was mistaken, erred the exercise
be
as
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of
to to
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125] STATE TRIALS, 21 Richard
14. Impeachment ARUNDEL,
Parl. Hist. 225. ]
1397. -Qf Gloucester, and others. [126 duke GloucestER, Rich ARD earl
TIMER, and
21 Richard II.
High Treason: Froissart,
Thom Thom
earl WAR wick, John Cobh AM, knight,
1397. Cotton, 377.
90. Walsing. 354. Tyrrel, 968. Brady, 411. Cobb.
IN the Parliament assembled Westminster but many disinherisons, and other most great
***
September 1397, came the mischiefs and damages have happened, well
the 17th
proceedings against the duke Gloucester, and the earls Arundel and Warwick, contained several Articles Impeach
us, we,
our people and whole realm. Now the honour God, and for the good
brought against them, way
and our realm, and for the quiet and re lief our people, willing against the said mis
ment then
bill, the Lords Appellants, mentioned
chiefs establish good and meet remedy, have already our free will, the request the lords and commons, ordained and as
signed such persons for our great officers; that
say, chancellor, treasurer, keeper our and
our privy seal, esteem good, faithful,
and sufficient, for the honour and profit
the Council Nottingham. The bill, ap
ears the Record itself, was directed the parliament, and this effect. First,
#. forth, sets
“That the duke Arundel, designing
Gloucester, encroach, and have the government your royal person
and the earl
Thom(As MoR
and kingdom, with the liberties and dignities thereof, well within this kingdom, with out; when the parliament sat Westminster,
the 10th your reign, they sent, peer
the land you, who their behalf, and their command, told your majesty, that you
and our realm; also our real authority, certain knowledge, good pleasure, and free
would not consent make
whom they should name, such Commission, whereby they might have the government the manner above related, you should danger your life, and the lords and commons
parliament would depart without your leave;
under which both we and our subjects have long laboured, having full confidence the good advice, sense, and discretion the most honor
York, condition you would be; that very fear and Thomas, duke Gloucester; the honour. their power, you then granted such Com able fathers God William, bishop win
and then you should see what miserable
mission they desired. ” Next follows the chester, Thomas, bishop Exeter, and Nicho
Cominission itself; viz. Richard, king, &c. these letters shall come
all those seen
las Abbot Waltham; our beloved and faithful
whom Richard earl Arundel, John lord Cobham, heard, Richard Scroop, and John Devereux, have
greeting. We being duly conscious
the
ordained, assigned and deputed, and ordain,
assign and depute them our great and
continual council, for one whole year next after
the date hereof, survey and examine, toge
grievous complaints the lords and commons our realm this present parliament assembled,
that our profits and rents, and the revenues our realm, private and insufficient council,
and the governance well certain our
late great officers, divers other people
being near our person, are much consumed,
wasted, embezzled, given away, granted, and
aliened, destroyed, and evilly disposed and
expended that we are much impoverished
and stripped treasure and means, and the
substance of our crown so diminished and de
stroyed, that we are neither able sustain realm without and gists, grants, alie honourably, we ought, the state our nations, and confirinations made, any household, nor maintain and manage those lands, tenements, rents, annuities, profits, re wars wherewith our realm environed, with
out great and outrageous oppressions and
charges our people, greater than they can
bear; and also that the good laws, statutes and possessions aliens, &c. And also reve. customs our said realm, which we are bound nues and profits, well our said realm,
by oath, and obliged maintain, are not, nor our lands, lordships, cities, villages, and other have been duly observed and executed, nor possessions beyond the sea; and the bene full justice right done our said people: fices and possessions, and other revenues
will; and the advice and assent the pre lates, lords, and commons full parliament
aid the good governance our realm, and the well and due execution our laws, and for
them, and others the relief time that miserable condition
able fathers God, William archbishop terbury, and Alexander archbishop our most dear uncles, Edmund, duke
Can York;
ther with our said great officers, well the estate, condition, and government our whole
r*ealin, and all our officers and ministers whatever estate, degree, condition they be, within our household without and in:
and take information such ways they shall think meet, rents, revenues, and profits belonging us, which are due and ought appertain us, either within the
venues, wards, marriages, escheats, forfeitures, franchises, liberties; voidances archbishop rics, bishoprics, abbeys, priories, farms houses,
of on or
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127] STATE TRIALS, 21 Rich ARD that are rebellion against the pope and
1397. —Impeachment the [12s
ness whereof, &c. Given under our great sea! the 19th day November 1386.
The Articles Impeachment on thus: “The said duke and earl Arundel,
accomplish their traiterous purposes, and
the clergy and laity, have your royal person their power, order since the day our coronation, that time: ed, they pleased, the government your and all fees, wages, and rewards our offi whole state, with the laws and dignities the re cers and ministers great and small, and and prevailed with Thomas ears War
made any persons fee for term life, their traiterous design; who, agreement,
the carrying monies out collectors the pope, cardinals, Lombards,
the realm
the procurators
the
likewise the profits subsidies granted
other persons: and our customs, and
annuities and other rewards granted; and gifts wick, and Thomas Mortimer join with them
any other manner; and lands, tene traitors the king and kingdom, all met ments, rents, revenues, and forfeitures, bar and assembled on the 13th of November the gained sold the prejudice and damage 11th your reign, Haringay-Park Middle our crown and also touching the jewels and sex, with great number people armed and goods which were our grandfather's the time arrayed, and made divers your leige-people
his death, and charters and general par several parts your realm, rise, and
dons; and how general payments have been march with them against your royal person,
levied and expended; how garrisons and forts contrary their legiance, and would not come have been maintained and of all defaults and before your presence, until they were secured
misprisions household, | your oath that they might come, and return well our our
courts, and other places our realm and safely; and then they appeared before you by what persons our revenues and the sub your palace Westminster, with great stance of our crown have been withdrawn or force armed men, and traiterously con diminished;
the common law interrupted strained you take them into your safe pro
tection, against your pleasurc. ”—2. any other damage that will and
Giving, and these presents “The said duke, the earls Arundel and granting, our authority, and the advice Warwick, and Thomas Mortimer, continuing and assent our said subjects, unto our said their traiterous purposes, force and violence, counsellors, any six them, and our great
officers aforesaid, full power and authority ge
neral and special, enter our palace and house
hold, and call before thcin all our officers, morrow the purification, the 11th your and command all rolls, records, and other reign, and there suggested divers points high monuments and evidences; and all defaults, crimes and treason against him, and the advice wastes, and excesses found our said house every lord then present was asked, concern hold, and other courts and places; and ing the crimes the said Sinon, and afterwards deceits, extortions, oppressions, damages, and the duke and earl would know your advice and grievances whatsoever, that are the prejudice, opinion; and you answered plainly, was damage, and distress and our crown, and not Guilty any point objected against him. the estate our said realm general (though
not herein particularly expressed and specified)
amend, correct, repair, redress, reform, and
put into good and due order and establishment: and also hear and receive the complaints
our liege people, well for themselves, against our said officers afid counsellors: and oppressions, wrongs, and injuries, which
cannot so well be amended and determined
the courts the common law; and discuss ment given against the said Simon. Yet and finally determine the matters aforesaid, nevertheless, the said duke and earls took upon and full execution thercos award, them them royal power, prejudice you, and
delayed, happened
shall seem most meet, for the honour and pro fits and our estate, and the redintegra tion the rights and profits our crown, and
the better governance the peace and laws our kingdom, and the relief our said people. witch proceedings, difference opinion
happen autongst our said counsellors, the same
shall concluded majority votes; and we command and charge prelates, dukes, earls, barons, sheriffs, the asarer, and comp troller, and other officers our household,
justices banco, and other officers, ministers, and liege subjects whatsoever, that our said counseliors and officers manner aforesaid, they obedient, aiding and assisting. wit
dcrogation your crown, and without your assent, and contrary your will, your ab
sence, and the absence many other peers parliament without their assent, and against
their wills, they awarded that the said Simon should drawn, hanged and beheaded; and thereupon they traiterously caused his head
struck off, against your peace, crown, majes and dignity. ”—3. The aforesaid duke,
earls, and Thomas Mortimer, continuing their
malicious, false and traiterous purposes and force, Huntingdon, Thursday the 6th
December the said 11th year, traiterously agreed, and intended have gone with their
forces any place the kingdom, where they
did take, and imprison divers your lege peo ple and amongst others, Simon Burley, and brought him your parliament held the
And afer that, the duke and earls caused you come into secret place Westminster, and there showed you the particulars the crimes abovesaid. To whom you then answered like wise, that the said Simon was not Guilty any those points. And there they took upon
them traiterously have you force consent the judgment they had designed against him;
and yet you would not consent any judg
be be ofof de us
to
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129] STATE TRIALS, 21 Richard
might have found your royal person, have surrendered you their image-liege, and
have deposed you and this they would have done, had they not been hindered Henry Lancaster earl Derby, and Thomas Mow bray earl Nottinghain. And the said duke and earls continuing their traiterous intention and force, agreement between them, caused
the records your treasury, the time your great grandfather king Edward searched,
how demised his crown; and they shewed you writing the causes the demise
crown your palace Westminster the time parliament the said 11th year, and they said falsely and traiterously that they had
cause sufficient depose you, but for the reve and realm,
rence they had for your most noble grand father and father; and they said also, that hopes your better government they would
suffer you continue your royal estate and
regality. "—4. “Which treasons imagined, was notorious, the said lord high steward, by
done and perpetrated the aforesaid duke,
earls, and Thomas Mortimer, against your royal
person, estate, majesty and dignity, above
declared: We the Appellants (there named)
your loyal lieges, have been and are ready
prove against the said duke, the earls Arun the 10th the king, afterwards; and also del, and Warwick, and Thomas Mortimer you, all the lands and tenements of which other our most dead ord, and this high and honour persons were infeoffed his use, the said 19th able court, your parliament, shall order. ” Nov. afterwards, with all his goods and
These Articles having been read, the Lords chattels, should be forfeited the king and his
Appellants prayed the king that the accused heirs for ever. ” But the king graciously re might brought before him, parliament mitted that part his sentence being drawn, make their answer. Accordingly, Ralph lord hanged, and quartered and shew equity Nevil, constable the Tower, there pre-ent, well rigour, the king and lords, both spiritual had orders bring before them Richard earl and temporal, declared, that was not their
Arundel, his prisoner, which did, the intention that the lands and tenements, fees or
4th day this session parliament. The any other inheritance which the said earl
1307. —Duke Gloucester, and others. [130
the matters objected against him. But upon
the earl's still insisting his charter and par don, and demanding the allowance them,
the Lords Appellants, their proper persons, prayed the king, “That would please him give judgment upon him convict the points which was accused.
The Earl Arundel convicted.
Then the lord high steward, command
the king, the lords temporal, and Thomas Piercy, proctor for the clergy, before taken
Arundel,
notice of, adjudged the said earl “Guilty and convict the points
stood appealed, and traitor
which the king drawn, hanged, beheaded,
And farther, because his high nature, have
and quartered.
treasons were
gone about surrender their liege homage, and depose the king, and that his levying war
the authority aforesaid, awarded that his
castles, manors, lands, tenements, reversions,
fees, and every other manor inheritance,
well fee-tail fee-simple, which were the said earl of Arundel's on the 19th of Nov.
duke Lancaster, being constituted lord high stood infeoffed,
steward England, pro hac vice, told the pri
soner, that was impeached divers acts High-Treason, and the appeal being read
any manner judgment.
him,
answer was, “That had general the parliament held the 11th the also charter pardon made him
The Duke
ardon sing;
On the same day that the earl Arundel within years last past, both which prayed was brought into parliament and tried and
might allowcd. ” The lord high steward convicted, the king directed his warrant told the earl, command the king and con Thomas earl marshal, governor the town sent parliament, that, “The pardon granted Calais, his lieutenant, signifying that
the 11th year, was made constraint upon the king, the said duke, earls and others
should bring over the body Thomas duke Gloucester, with the speed could, an
their party, assuming themselves royal swer divers Articles Treason objected
power, prejudice the king, his royal es
tate, crown and dignity; and that the char
ter pardon was made deceit the
king, and expressly against him and royal king and parliament concerning him. This writ dignity; wherefore, upon the request the bears date Westminster, September 21. The commons consent the king and the return the earl marshal this warrant, was, estates parliament, the said pardon and “That could not bring the said duke before charter had been this parliament repealed the king and council that parliament for
and made void. ” The earl was asked he had any thing inore say, and being silent, William Clopton, chief justice the king's
bench, the king's command, declared
that, being his custody, the king's prison
Calais, there died. ” This return was made
Sept. 24. Upon the reading this warrant and return parliament the Lords Appellantspray
him the law, and the punishment must un
Wol. K
the king, “That the said duke Glouces dergo, pleaded nothing else, for did ter might declared traitor and enemy not, he would be convict and attainted all bio; having levied war this kingdom
the use another, should forfeited reason this
Gloucester, though dead, de clared Guilly High Treason.
against him parliament the Appellants, according the law and custom used Eng land; and further receive the orders the
of
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131]
STATE TRIALS, 21 Richard II. 1907–loponent ofthe
[132
against person and contrary allegi ance. And that all his lands, tenements,
goods and chattels might forfeited
this case, notwithstanding his death, they ought
be. ” Then the commons prayed the king and lords, “That since was notoriously
Whereupon, the lords temporal, and the not knowing witting, that time that did
known majesty and the estates this
parliament, and the kingdom, that the said “I Thomas Woodstock, the zear my duke and others his party assembled Har lord the king 21, the vertue commission ingway, the county Middlesex, with my lord the king, the same zear directed great number people armed and arrayed Wm. Rickhill, justice, the which compre make war against the king, contrary their hended more plainly
allegiance, and came with those forces into the sign, knowleche that
king's presence, which was levying war against other men, assent
the making coin their liege-lord, that might thereupon mission, the which commission among adjudged traitor, and his lands, tenements, other, restrained my lord his freedom, and &c.