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tefract, in the 15th year of his reign, unrea and enemy sonably adjudged to death by an erroneous the town
proceeding against him at that time had, by
reason of which judgment he was put to death, and, in consequence of the same judgment, his
the king and kingdom, set fire Burton aforesaid, and feloniously the houses and goods the
heirs were disinherited, the record and proceed
ings whereof are in Chancery, it would please banners displayed, and hostilely disposed his,
our lord the king to command the Chancellor that he should cause the record and proceedings of the aforesaid judgment to be brought hither into parliament, and that they be recited and ex amined, to the end, that if any error be therein, the same may be duly redressed, and right in
military forces fight against the said lord the king, against his homage, fealty, and allegiance,
which was bound the said lord the king, awaiting the same plain the approach,
the lord the king, and thereupon when the said earl Thomas observed that the said lord
#. Rolls of the year aforesaid of the lord king ward, father of the lord the now king, in his
the premises
to the said
as brother
coming great and drew near him with
3.
Henry,
and heir of the said earl, and his inheritance
delivered to him. ’ In consideration of which the other traitors aforesaid, confusion be-, Petition, it was commanded to the Chancellor took himself flight and fled, and such, by the said lord the king, that having examined flight, while the lord the king pursued them
cery, he should cause the record and pro ceedings aforesaid to be brought hither into
with great force, committed divers depreda tions and robberies, until the said earl Thomas. together with the traitors aforesaid, with arms: and horses and banners displayed, came Boroughbridge, where support the lord the king were certain faithful subjects
parliament, &c. , which said chancellor after
wards brought hither the record and proceed
ings aforesaid in these words: “Pleas of the
Crown of the lord king Edward, son of the lord
king Edward, held in the presence of the said
lord the king, at Pontefract, on Monday next
after the feast of the Annunciation of the
blessed Virgin Mary, in the 15th year of his with horses and arms, and banners displayed;, reign. Whereas. Thomas, earl of Lancaster hostilely made attack upon the aforesaid was taken, and for treasons, homicides, burn faithful subjects the lord the king there be ings, depredations and divers other felonies ing, and feloniously slew some them and brought before the said lord the king, in the fought against them, until the said earl Thomas, presence of Edmund earl of Kent, John earl together with the other traitors aforesaid, was, of Richmond, Adomer of Valence earl of Pem routed and taken, and some those traitors, broke, John de Warren earl of Surrey, Edmund were taken, and some were slain, and some earl of Arundel, David earl of Athol, Robert took flight; and there remained the earl Danegos, the Barons, and other great men, said earl Thomas, doubt but that together of the kingdom: The lord the king causes, it with his other traitors, wished get the better to be recorded, that the said. Thomas, being a, and conquer the same lord the king. All
burned part
same town; and after that the said earl with the other traitors aforesaid, went out the
said town the plain thereto adjoining, with
was
power, the said earl Thomas, together with all
liegeman of the said lord, the king, came to Burton-upon-Trent, together with Humphrey
de Bohun, late earl of Hereford, a traitor to the
king and kingdom, found in war against the lord
the king, with banners displayed, at Borough other great men, and
bridge, and there slain; and Roger Damory, kingdom; and therefore
a convicted traitor, and other traitors and ene the said earl Thomas for the treason aforesaid
mies to the king and kingdom, with banners should drawn, and for the homicides, depre displayed, so that in war he hostilely, for three dations, burnings, and robberies aforesaid,
successive days, resisted the lord the king, should people and attendants, and prevented them mitted
hanged, and for the [offences, com the] flight aforesaid, this behalf beheaded. And more than this, al
passing the bridge the said town Burton, they should have done, and then feloniously
slew some the men the said lord the king, reason, whereof the said lord the king, order repress the aforesaid malice and re sistance the said earl and others, and for the
maintenance the peace and tranquillity kingdom and people, and the rights
royal crown, and for the repelling and re
moving the aforesaid force seditiously collected, sought elsewhere passage over the
river Trent, and from thence powerfully rude against the said earl and others, and the afore said earl Thomas taking notice this, together with the other traitors aforesaid, traitor
should
the lord the king, having full authority from, the lord the king resist ways and by:
means their power, the enemies and traitors the lord the king, and the aforesaid earl Thomas, together with the other traitors,
which treasons, homicides, burnings, depreda
tions, and hostile fightings, with horses and arms and banners displayed, are manifest and,
notorious, and known
the earls, barons, and
though the aforesaid earl Thomas time past, wickedly and maliciously against homage,
fealty, and allegiance, often conducted and be haved himself towards the lord the king, wit, Whereas the lord the king had Newcastle upon Tyne, victuals, horses, and armour, jewels, and divers other goods great quantity and
value, which goods the said earl Thomas, with horses and arms, and great multitude arm men, took, stole, and carried away, whose
said stealing and trespass the lord the king, special grace, remitted and pardoned the
said earl Thomas, and the other offenders the said stealing, the hope bringing the
the people the was adjudged that
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43] STATE TRIALS, 15 Edward 1322–Proceedings against [44
said earl Thomas better way thinking. king could not, obedience his command, And moreover the aforesaid earl Thomas, having come to York to be near the said lord the collected to himself divers men with an armed king And whereas the lord the king had re
force, came different parliaments the lord moved from the neighbourhood York to the king, and oftentimes hindred the same lord wards the south, and had proceeded with his
the king from holding parliaments,
tained him and his crown and oftentimes took ho heed
per followers near Pontefract, the said earl hold them, Thomas and his people came out the afore
attend such
parliaments according the commands the basely and contemptuously shouted against the
lord the king, but contemptuously disobeyed lord the king with great tumult, the great
the same, and also often held different, larger contempt the said lord the king, the and smaller, illegal meetings against the lord lord the king had been their enemy, and not
the king different places, and against the their king and lord: Also, whereas the said earl prohibition the lord the king. Also, whereas Thomas, together with the aforesaid earl inany offenders and disturbers the peace Hereford, and the other traitors conspiring with the lord the king, whom the said earl Thomas him, endeavoured obtain and effect con had drawn him and got together, had com federacy and alliance with Robert Brus, mitted homicides, thefts, and divers other felo Thomas Randolf, James Douglas, and other mics, means whereof they deserved re Scotsmen, enemies the lord the king and ceive judgment death; and the said earl the kingdom, concerning the manner and form Thomas like manner, according the law which confederacy and alliance certain and custom the realm, deserved receive indenture was found upon the said earl of judgment death for supporting and harbour Hereford when was slain aforesaid,
ing the said offenders: Also, whereas earl Thomas afterwards coming, with great multi
tude armed men, the parliament the lord the king, held York, prevailed the lord
the king remit the prosecution account
the breach Lis peace, against the said earl
Thomas and the offenders aforesaid, the
number about thousand persons, notwith
standing the said earl Thomas had before that
time sworn the observance of certain ordi monsieur James with their forces, shall come
nances that the lord the king should not remit
the said earls Lancaster and and their allies, soon they shall any place, where the whole may
Hereford, fortified
prosecution for breach his peace this sort, arising out the death
whereas the said lord the king,
bring the said earl Thomas good course,
favours and pardons; nevertheless the same Earl, always persisting his evil doings, with
his might stood forward rebellious and dis obedient the lord the king: Also, the said earl Thomas sent the city York certain knights his family order draw the com monalty that city, and the custody thereof into the hands the said Earl and also the said earl Thomas, different manners, usurped
himself, and strove usurp kingly power the disinherison, far him lay, the
lord the king this respect: Also, whereas the lord the king, being lately York, had com
W. Ireland, and with them live and die main tenance their quarrel, saving any claim, con quest, lordship the said lands England,
Wales, and Ireland. And the said king Scotland, and the said earl Murrys, the ste ward, and monsieur James, for themselves and their forces, will engage this thing,
the said king Scotland should himself af. flicted sickness, other great impedi ment, whereby should not able come
his own person, then case the aforesaid earl Murryf, the steward, and monsieur James, with their power aforesaid, make good and perform what above said, the said earls
concerning the journey the said lord the
the king England, invade them and when ever the earls Lancaster and Hereford, and their allies, have finished their contest, they will sincerely exert themselves that good peace may made between the two countries
England and Scotland, the utmost their power, the end that they shall hold their
king into parts then being
Scotland, the said earl Tho. his castle Pontefract with
armed men, sent his people
great multitude
obstruct their passage the neighbourhood
Pontefract, well along the roads over the bridges, whereby the counsellors the lord the
cases man: Also,
able assemble together, and will the utmost of
order
their power harm those whom the earls Lancaster and Hereford, and their allies, wish be harmed, and save from harm all those whom they wish have saved; and also will
before said, had voluntarily, various times,
given him, who, with his might was act
ing opposition the lord the king, divers
large gifts the lands and franchises his come the said earls of Lancaster and of demesne, and charters had granted Hereford places where they may wish that the said earl Thomas certain gifts, different they should come England, and in
manded divers great men, and others the
kingdom, with whom was desirous con
sult, that they should come York, treat would engage that they would never aid of
said castle, and insult the lord the king, most
these words: “The credential which John de
Denum communicate Robert, king Scotland, and Monsieur Thomas Randolf,
earl Murryf, steward monsieur James Douglas,
Scotland, and which ever of
them shall first met with
caster, and earl Hereford, and their allies;
that say, that the said king Scotland, and the said earl Murryf, the steward, and
Lancaster and Hereford, and their allies,
the earl Lan
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45] STATE TRIALS, 15 Edward 1322–Earl Lancaster for Treason. [46
land Scotland peaceably they their's and other felonies, into whatever court the England. ”—And finally, whereas the aforesaid king shall brought, concerning such sedi
traitors, adhering the same earl Thomas, had tions and other felonies laid his charge, lately, with his army with force and arms, en ought, the law and custom the realm, tered the lord the king's castle and town arraigned and put answer, and thereof
convicted before should ad die; although the aforesaid earl
there and Bridgenorth had committed depre Thomas,
dations, burnings, and homicides, and other king's father, &c. was taken time peace,
crimes; and the same traitors, fearing the near and brought before the same lord the king, the
Gloster, and against the will the lord the law king, occupied the same castle and town; and judged
liegeman the aforesaid lord the
approach the lord the king them, quitted the said castle and town Closter, and from thence betaking themselves slight, hastened
the said earl Thomas their principal re fuge and chief maintenance, which said earl Thomas notoriously manifesting treason and maintenance that respect, received those his fellow-traitors, and joined himself them for the purpose carrying hostilities against
the lord the king, and exciting war the king
dom aforesaid, and sent his own people, manifest that the whole time which was
aforesaid, the chancery and other places the courts the lord the king were open, and them law was done every one used
the aforesaid punishments adjudged against this kingdom, and the Great Charter the him; nevertheless, because the said earl Thomas Liberties England contained, that no descended of an excellent and most noble free-man shall taken, imprisoned, disseised
together with his fellow-traitors aforesaid,
besiege the lord the king's castle Tykhill; and
also sent engines for throwing large stones
upon the aforesaid castle and upon the men
therein being the part the lord the king; said lord the king's father, &c. caused
which traitors moreover besieged the said castle recorded that was guilty, and when was for three weeks, continually making assaults, sentenced death, was time peace; par and carrying hostilities against the same, ticular because, throughout the whole time
and there slew some the lord the king's men; and afterwards the aforesaid earl Thomas, hav
-
trated the aforesaid iniquities, crimes,
fled, forcing his towards the said Scottish enemies the lord the king and
done, nor did the same lord the king ever that time ride forth with banners displayed; the aforesaid lord the king's father, &c. ought
the kingdom, until came boroughbridge
aforesaid, where was taken aforesaid not, such time peace, have caused such Wherefore the lord the king, having regard record made against the said Earl, nor the great crimes and iniquities the said have sentenced him death, without arraign earl Thomas, and his most gross ingratitude, ment and answer: Also, says, that there hath reason shew any favour the pre error this, that whereas the aforesaid earl mises the said earl Thomas, pardoning any Thomas was one the peers and great men
said lord the king's father, &c. caused
recorded, that the same Thomas was guilty the seditions and felonies the said record and
proceeding contained, without this, that thereof arraigned him, put him answer,
the custon according law, &c. and so, without arraignment and answer, the said
Thomas erroneously and against the law the land, time peace, was sentenced death;
reason whereof, because notorious and
charged against the said Earl, that com mitted the aforesaid offences and crimes the aforesaid record and proceeding contained, and also the time when was taken, and when the
. . .
parentage, the lord the king, from respect
the said parentage, his special favour remits the aforesaid earl Thomas the execution of two
his freehold franchises, his free customs, outlawed, banished, any manner destroyed, nor shall the lord the king, him
the punishments, adjudged aforesaid; self others, proceed against him, but wit, that the said earl Thomas not drawn lawfuljudgment his peers, the law
the
nor hanged; but that, upon the said earl the land, the aforesaid earl Thomas was the Thomas, execution alone done, that he be be record the lord the king aforesaid, headed. ” And upon this the aforesaid record and time peace, erroneously sentenced death
proceeding having been recited and read the presence the lord the king, and the nobles and great men the kingdom, here parlia
without arraignment answer, the lawful judgment his peers, against the law, &c. and against the tenor the aforesaid Great Char
ment, &c. being, was demanded the afore ter; Wherefore that the errors aforesaid may
said Henry, for what reason caused the
aforesaid record and proceeding come hither, who says, That brother and heir the
be corrected, and the aforesaid Judgment an nulled, erroneous, &c. and that he, bro
ther and heir the said Thomas, may ad mitted his inheritance, &c. ; and because, upon inspecting and more fully understanding the record and proceeding aforesaid, account
aforesaid Earl, and proceeding aforesaid errors occurring
caused the record and come hither, account
the same record and pro ceeding, which prays may corrected, &c.
the aforesaid errors, and others found the same record and proceeding, adjudged the -that there error this, that every liege inan same lord the king, the nobles, great men, and
and told shew the errors, &c. who says,
the lord the king, taken time peace
for -
to.
the commonalty the kingdom the same seditious, homicides, burnings, parliament, that the aforesaid Judgment given
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47] STATE TRIALS, 20 Edwamp 1327. —Proceedings against {4s
against the aforesaid earl Thomas reversed rolled, that they cause the same record and and annulled being erroneous; and that the proceeding made void and annulled, &c. ;
aforesaid Henry, brother and heir the same And we, for the greater security the same earl Thomas, be admitted claim and have Henry, have brought the aforesaid record an his inheritance due proceeding that behalf proceeding exemplified according the
had customary, and that have tenor these presents. -In testimony, &c. writs the chancellor and justices, whose Witness the king York the third day courts the said record and proceeding are en March. ”
Proceedings against KING EDw ARD Edw. II. 1327. Brady's Hist. 161. Appendix Brady's Hist. 68. Claus.
20 Edw. II. M. Dors. M. Dors. ]
THE earl Lancaster having taken king realm. –3. Also, For want good government Edward prisoner, made great haste with lost the kingdom Scotland, and other
him towards Kenelworth, for thirteen days lands and dominions Gascoigne and Ireland, time he was got no further from Monmouth which his father left him peace and amity
than Ledbury Herefordshire, which place with the king France, and many other great the writ for proroguing parliament that was persons. —4, Also, his pride and cruelty pretended have been summoned the king destroyed holy church, and the persons holy
meet fifteen days after St. Andrew, was church, putting some prison, and others dated the 3d December. Witness the king distress; and also put shameful death, and Ledbury the December. The writ imprisoned, banished, and disherited many
for this parliament, which was meet fifteen great and noble men the land. —5. Also, days after St. Andrew, believe can where Whereas was bound his oath right found, which was holden Isabel all, would not for his own profit, and
queen-consort England, and Edward his the covetousness him and his evil counsellors eldest son, guardian England, then being which were with him; neither regarded the
out the kingdom, said the writ,
December, &c. for proroguing
other points coronation, abandoned
could worse,
person,
the oath which made his was obliged. —6. Also, He
dated the
that parliament Twelfth-day; present,
and son.
his realm, and did much destroy and people; and what
Norwich delivered
Aquitan same place.
Woodstock, and the next day Roger Mortimer and the duke
treasurer England, and written William Mees, clerk, his secretary and public notary. Having approved the Articles, they were common agreement sent the king, then pri soner Kenelworth-castle, three bishops, two earls, two barons, two abbots, and
Epiphany, him personally his said consort But the miserable king knew nothing
the morrow holden
his cruelty and the default his found incorrigible without hopes
his absence
amendment. All which things are noto December, with his teste; for the great rious, they cannot gainsaid. ”
summons dated Ledbury the
this
seal was that day the keeping the bishop
These Articles were conceived and dictated John Stratford bishop Winchester and
Edward the king's son)
the
o: amongst whom was William Trussell before
The parliament (as called) met the 7th January The first thing moved the bishop Hereford, and many other bishops
joining with him, was, Whether king Edward the father, his son Edward, should reign
noted, Proxy the whole parliament, re
They
long they before
sign homage fealty
king, William Trussell,
over them
agreed the son should have the government
their and did this manner:
“I
which
were uot
the kingdom, and crowned king, for the procurator the prelates, earls, and barons,
causes following:
First, For that the person
was not sufficient govern; for
was led and governed others, who gave
and other people my procuracy named, hav the king ing for this full and sufficient power, resign
his time
and deliver you Edward king England, the king before this hour, the homage
him evil counsel,
good
himself good counsel, nor take nor the thing you king, but shall hold you
good government his kingdom; but always private person, without any manner royal
gave himself works and employments not dignity. ” The ceremony ended Thomas. convenient, neglecting, the business his Blunt, the high steward, breaking staff
and destruction ple, not considering
return them upon you
free the persons aforesaid, the best manner that law and custom may
rd,
when men
the dishonour himself,
and fealty holy church and peo named, and
Edwa
knowing whether was evil; nor would remedy these things, was requested the great and wise his realm, suffer them amend
and make quit
it; and make protestation the name
those that will not for the future your ed. —2. Also, his time would not give fealty, allegiance, nor claim hold any
the persons my
the
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49) STATE TRIALS, 20 Edward 1327. —King Edward [50
and declaring
though were dead. — father, the counsel and advisement the Moor tells us who the three prelates, earls, barons, great men, and commu bishops were John Stratfort, bishop Win nities aforesaid, have taken upon the govern
chester, Adam Torleton, bishop Hereford, ment the said kingdom, and received the ho and Henry Burwash, bishop Lincoln: three mages and fealties the said prelates and great
from service Sir Thomas de
the king's officers discharged And we yielding the good pleasure our
principal companions transacting this affair.
The bishops Winchester and Lincoln came
before the rest the king, who with keeper
the earl Lancaster, persuaded him resign That presently after sight these presents, you
crown son, and circumvented the king, cause our peace publicly proclaimed promising him much honour after his resig through your whole bailiwic, forbidding and nation before; and the other hand, singular, under the pain disinheriting, and threatened him would not, the people losing life and member, that they presume not should yield their homage and fealty, and re infringe violate our peace, but that men
so
lood. With these and other importune pro violence, according the laws and customs
men according custom. Therefore desiring our peace for the quiet and tranquillity our people inviolably observed, we command,
his sons, and choose one not royal do prosecute their suits and actions without
mises and threats, they obtained their desires. the land, &c. Witness the king Westmin
ster the 29th January. ”—On the first Fe bruary, being Sunday, was crowned.
great grief and reluctancy from the king, who what was transacted. The nation observing
And then the bishop Hereford brought
other commissioners, sent the parliament,
into the king's chamber, where the whole mat
they came for was dispatched, not without prisoner Kenelworth castle, not knowing
swooned away. Walsingham reports,
what had been done, seeing the queen engaged, and the prince carried along with them, began
sensible the king's condition, and
consider the pretences
think how they might son prince Edward chosen king. Of vent further mischief.
which when the queen had notice, she was full Lancaster, began
grief outwardly. But the prince affected with him, much pitying and commiserating deplo
The deposed king was for some time kept
London, the morrow of,
day, parliament, and judged king unfit rule, and for several reasons deposed, and
his enemies, and
should take upon the rule and government:
0L.
the nobility met day after Twelfth
this outward passion his mother, would not rable case. Many lords and others began accept the title against his father's will and con think how they might deliver him out capti
sent. The king, when received this news
the commissioners, was much disturbed, and
said since could no otherwise, thanked them choosing his first horn son, making
vity; the notice, rather suspicion thereof,
much startled Mortimer, the bishop Hereford,
the queen, and chief actors this tragedy, re flecting upon what they had done, and fearing
the
resignation, and delivering
and tokens sovereignty.
returning the parliament
the king's answer and the royal ensigns, made the rabble rejoice; and presently the whole community the kingdom admitted Edward,
youth fourteen years age, their king,
the 20th day January, which they would have the first day reign. And from that time acted king before his coronation,
may appear the writ the sheriffs England proclaim his peace. —“The king
the sheriff Yorkshire, greeting: Because Ed ward, late king England, our father, com
mon council and assent the prelates, earls, barons, and other great men, and also the communities the said kingdom, his own free will removed himself from the government
i.
safe, least their designs must come
the royal ensigns
should get his liberty they could not
The commissioners London, with
nothing, and caused them think removing him from Kenelworth, and appointing him new
keepers. They hurried him up and down the
nation, that might not known where he
was and last brought him Berkley castle Gloucestershire, where was inhumanly
treated his keepers, attempting destroy him ways horrid indignities, brutish usages, and before uncontrived and unthought
affronts: but having been frustrated their
intentions, his natural strength body and
fortitude mind, the 22nd September,
night his bed, they stified and smothered him,
with large and heavy bolsters and pillows, and red-hot iron, through ductil-pipe,
into his guts his fundament; and this most the said kingdom, willing and granting, That cruel manner murdered him, that no wound
we his first-born and heir the kingdom, mark violent death might found upon
him.
kind him, and pre His keeper also, the earl
every way obliging
W
his
as to in
the
of
to be
at
be §.
he
of as ona of
ter
his
I. beof for oftohetoiton
as of his to
of
of by of
up
if as to de la all
us as be
he as in
of
he
of
of
of i. of
he of to
beto or
all
of by
on
of by
of
tohis
of
in a a of allby
be if
of
to
II.
ut
ofupin by
to ; be
at
of
to
toof of
his by
to at
in all
by
on of
at it
or
beaof to
to
to all
up
of
of of
his of ;
to hein
of
of
be us
in of to of of in
at
or at
to
of
be
to
II.
or at
in
to of be
by
or to
be beof
to
of
of
his
toto toto
of
all
all of
ofof
of
to
he
51] STATE TRIALS, 3 Edward III. 1330. -Proceedings against [52
-
8. Impeachment of Rog ER MoRTIMER, Earl of MARCH, for Treason,
3rd Edward III. A. D. 1530. [Knighton, Coll. 2556. Wal
singham. 3 Rapin, 419. Cobb. Parl. Hist. 84. ]
** AT the parliament assembled at Westminster, party, led the king armed against the said earl
on the 13th of March, 1330, the following Ar Lancaster, and other peers the land,
ticles of Impeachment translated from the for Winchester, when they were coming
French original now on the Rolls in the Tower, were exhibited against Roger Mortimer, earl of March: viz.
“These are the treasons, felonies, and mis chiefs done to our lord the king, and his people, by Roger Mortimer, and others of his company.
—1st. Whereas in the parliament holden at Roger, the said usurped power, caused the Westminster next after the king's coronation, it king march forcibly against the earl, and
with the king, advise him; and so prosecuted them with force, that the said earl and some others his company, that wished
was ordained, that four bishops, four earls, and
six barons should remain with the king to advise
him, and that four should still be with him, viz.
one bishop, one earl, two barons at least, and
that no great business should be done without well the kingdom, submitted the king's
their assent; after which parliament the said Roger not having regard to the said assent,
usurped to himself royal power, and the govern
ment of the realm, above the state of the king, them fined grievously, that half their and put out and placed officers in the king's lands, sold outright, would only pay it; and house, and otherwhere throughout the kingdoin others he caused be driven out of the na at his pleasure, such as were of his party, and tion, and their lands seized, against the set John Wyward and others about the king, to form the Great Charter, and law the land. observe his actions and words; so as he was en —5th. Whereas the said Roger knew well the compassed by his enemies, that he could do no king's father was dead and buried, others thing as he would, but only as a man under his party deceivable manner, informed
guard or restraint. —2nd. Whereas the king's the earl Kent that was alive; wherefore father was at Kenelworth, by order and assent the earl being desirous know whether was of the peers of the land, to stay there for his ease, not, used the good ways could
and to be served as such a great person ought discover the truth, and long, till the said to be ; the said Roger by his usurped power, Roger his usurped royal power, caused him
which he exercised over him at his pleasure, apprehended the parliament holden ordered that he should be sent to Berkley Westminster and pursued him, that par castle, where, by him and his confederates, he liament procured his death. -6th. The said was traiterously, feloniously, and falsely mur Roger, his usurped royal power, caused the dered and killed. —3rd. The said Roger by his king give him and his children, and confe usurped royal power, forbad by the king's writ derates, castles, towns, manors, and franchises
under the great seal, that any should come to the parliament at Salisbury with force and arms,
under pain of forfeiting whatever they had to
the king; yet thither he cane with others of his
party with force and arms to the said parliament
contrary to the prohibition aforesaid; where town
fore divers peers of the lands, as the earl of the Eyre four men, and the provost,
Łancaster and others, knowing the manner of the rieve bailiff the lord the manor)
his coming, would not be there : and whereas serve their own cost, for year his war
the prelates were assembled in one house, to
consult about the business of the king and realm,
the said Roger broke open the doors of the said
house with armed men, upon the prelates, and
threatened them with life and member, if any
of them should be so hardy as to speak or do that they should come the king wherever he any tiling contrary to his pleasure in any point.
And in the same parliament by the said usurp
ed power, he caused the king to make him
earl of March, and to give him and heirs were
several lands disherison the crown and 9th. The said, Roger falsely and maliciously afterwards the said Iłoger, and those his made discord between the king's father and
Salisbury, that the earl and avoid the evils that might have regard the king, departed
the parliament
other peers,
happened, out
and went toward their own countries, grieving, that they could not speak with, advise their liege lord they ought do. —4th. The said
other peers the land, who were appointed
grace, saving them life and member, and that they might not disinherited, nor have too great fine set upon them; yet caused
England, Ireland, and Wales, decrease
the revenues the crown. —7th. The said Roger deceivable manner caused the knights
shires, grant
the parliament Winchester,
the king one man arms out every England, that answered the court
Gascoigne; which charge contrived for the advantage himself and party, destruc tion the people. —8th. The said Roger,
his said usurped royal power, caused summons
charged
coigne,
prepare themselves into Gas fine pleasure; which fines the benefit him and party. —
sent many great knights and others,
was and when they came, caused them be
in
of
of ; his
for
by by
at of his
to so
of
to his go
he of in in
in
as in
to
or
so
of
to
(i.
to
to he
to
be
to
to in of in in
to so of to be or
to
I of
; beof
orto or he of bea by
to
of by of to
of soin
as
of to
at ofto at
of if to be
to to
as
he at so be a at
to
to
in
he
he of it by
of
by toe. toof of at to
he
all
in
to
of at
toas
53] STATE TRIALS, 3 Epward III. 1330. —Roger Mortiner, for Treason. [5
queen; and possessed her, that she went traitor and enemy the king and king him, she should certainly killed with dom, drawn and hanged, and commanded.
dagger, otherwise murdered; and this the earl mareschal execute the judgment,
way, and his other subtleties, ordered
that she would not coine her lieze lord and
king, the great dishonour her son and self,
and great damage the whole realin per assisting with the earl marescha! the execu chance time come, which God forbid. — tion which was performed accordingly the 10th. The said Roger his said usurped royal 29th November place then called the
power, had caused taken for him and his Elms, and afterwards Tyburn. ”—He was not party, the king's treasure, much pleased, brought answer, but condemned without without tale, money and jewels, de hearing, and for that reason this Judgment was
the king, that had not where
the articles peace, without any thing re judgment against Simon
struction
reversed erroneous, and made void act parliament, and his grandchild Roger restored his title and estate, 23 Ed.
pay for his victuals. -11th. The said the said usurped power, caused
withal
Roger,
be shared between him and his confederates, the 20,000 marks which came out Scotland,
The king, also,
earls, barons and peers,
parliament charged the give right and true Bereford,kt. who had
ceived the king. —12th. The said Roger,
his above-mentioned royal power, received the
king's duties and purveyance through the king
dom, had been king: and and his notoriously known the said peers; where
party had with them double the company men and horse that were with the king, de struction the people, not paying for their quarters any more than they themselves pleased.
upon they cane before the king parliament and said with one voice, “that the said Simon was not their peer, and therefore they were not bound judge him peer the land:"
and the mayor, allermen, and sheriffs Lon don, with the constable the Tower, and those who had the guard him, aiding and
been aiding and advising with Roger Morti mer the treasons, felonies, &c for which
was afterwards adjudged die, was
—13th. The said Roger,
power caused the king
ing 200 Irish chevaliers,
his said royal but since was thing notorious and known
those that killed the great men Ireland and others, who were the king's faith; whereas the king ought immediately have revenged their deaths, rather than pardoned them, contrary
agree the mount horse, being
all, that was advising, aiding and assist ing the said Roger the felonies, &c. afore said; and that was guilty divers other fe lonies and robberies, and principal maintainer
robbers and felons; they peers and judges
assent the king, award traitor and enemy the drawn and hanged; and
was
council, that his said secret friends had excited peers parliament had for this time, the
the statute and assent The said Roger contrived the king's secret friends,
parliament. —14th. have destroyed whom had most
parliament
and adjudge him,
confidence; and surmised the king, the presence the queen his mother, the bishops Lincoln and Salisbury, and others his
do ex But
mother, and affirmed
him the said Roger impudently the king,
hereafter this should them give judgment
precedent draw any other but their
felony.
queen
and this
that
had said: and for these things and many others, not yet declared, had been apprehended; wherefore the king charged the earls and barons, the peers the land, these things concerned himself, themselves, and the people the realm, right and true judgment upon him for the crimes above written, being notorious and known
king and realm,
the earl marcschal was commanded
ecution; which was done accordingly.
appears the same parliament roll, that
then also declared, that though the lords and
his (the said Roger's) king's presence, proceeded judges give destruction the judgment upon those that were peers; yet
him combine with enemics beyond sea,
could not
true, themselves, and the people the kingdom. ”
Thomas son and heir amined these articles, came into parliament Maurice lord Berkley: Maude, John son before the king, and they delivered their opi and heir John Charleton lord Powis; nion, one their body, “that things con lanche Peter de Grandison; and Beatrix
tained the said articles were notorious, and first Edward son and heir Thomas of
known themselves, and the people; where Brotherton, carl marshal, son Edward
fore they, judges parliament assent and afterwards sir Thomas de Broose. "
king did award and judge the said Roger Dugdale's Baron. 110.
believed against what
peers, case “The earl
treason
Agnes Lawrence Then the earls, barons, and peers, having cx broke, Margaret
James lord
wife Thomas wick; Joan married
Beauchamp, earl War
March left four sons, eldest, died the flower
Edmund,
his age, and left his son Roger, who was re stored his grandfather's estates and honours. The earl had also seven daughters, Katherine
whom
his
Audley; Hastings earl Pern
the
of to of
for to his
toinby asofto
as by byto in to
he of ofif of or
in
all all
of
fit beso
to of
to of so beby
of
to of
* ofoftohetoof as
ofto
to
2,
of
ofof
it
to
to to de
into in
to all it all
of to be
toof
by
asto
to to
de de
of
as in
bea to
in
be all he to his
of
of of
to
do
of
as he
as hein ofinto
of
he to by he a
in inofto to
as
to
be
all he ofasso
all of
by to to
he he if in in by
do
he to as he;
of in
to
to
or by he ofto
of be he
of in;a
at of to to be allas his a
of by to it,a
oronno ofasoa deto ofto
in no to
to
3.
as
as of
of in
to at be
toin it
to
as
by
on
.
55] STATE TRIALS, 4 Edward III. 1331–proceedings against [56
9. Proceedings against Thom As DE BERKELE, for the Murder of King Edward 1331. [Rot. Parl. Edw. III. M. 16. ]
PLEAS the crown held before the lord thereof, the custody the same king; Where
king Edward, the full parliament next after the feast
the 4th year Edward.
since the conquest, his fore says, That concerning the death the Westminster, Monday same lord the king, assistance, assent,
Mautravers, being delivered
the castle the same Thomas
St.
Katharine the virgin, the reign the same king
procurement his death, nothin guilty thereof; And this for good and
puts himself upon the country:-Therefore
this behalf let jury come before the lord the king his parliament Westminster,
days St. Hilary next be, &c At which day came the aforesaid Thomas before the lord the king his full parliament, and also jury,
wit, John Darcy, John Wysham, William Trussell, Roger Swynnerton, Constantine
de Mortimer, John de St. Philibert, Richard Rivers, Peter Huser, John Brynnton,
Richard. Revere, Roger Debenhale, and Richard Croupes, knights, who, their oath, say, That the aforesaid Thomas
“Thomas Berkele, knight, comes before the lord the king his full parliament assembled, and being spoken concerning this, That where
the lord Edward late king England, father
the lord the now king, lately was the same Thomas, and
the custody certain John
safely kept Berkele,
the same castle, the custody the same Thomas and John, was murdered and killed, how would
the county Glocester, and,
acquit himself
He says, That
sisting
even know any thing his death, until that
the death the same king?
never was consenting to, as Berkele nothing guilty the death
procuring his death, nor did
the aforesaid lord the king, father the lord the now king, nor assenting to, assisting
procuring his death: And they say, That
the time the death the same lord king Edward, father the lord the now king, was afflicted with such sickness Bradelye, without his castle aforesaid, that his life was despared of: Therefore the said Thomas acquitted thereof—And the jurors being asked whether the said Thomas ever withdrew him self the aforesaid occasion say, That did not. —And because the aforesaid Thomas placed keepers and servants under him, wit, Thomas
Gurney and William Ocle, for the custody the said lord the king, whom the said lord the king was murdered and killed, there fore, day given him before the lord the
Ralph de Neville, steward the household of the lord the king, &c. ”
present parliament; and this
ready
adjudge.
Since said lord
acquit himself the king's court shall —And upon that enquired him, lord the castle aforesaid, and the the king was delivered into the custody
them, Thomas and John, safely kept, and they took and accepted the custody the same
king, how can excuse himself, that should not answer for the death the same king And the aforesaid Thomas says, That true
that lord the castle aforesaid, and that he together with John Mautravers, took the custody the same king, keep him safely
aforesaid; but says, that the time when said that the said lord the king was mur
dered and killed, himself was detained
king, now his next parliament, hear his Judgment, &c. And the aforesaid Thomas de great sickness, that hath recol Berkele the mean time committed to
Bradelye without the castle aforesaid, such
and
lection
said
that he, together with the said John, obtained the custody the said king keep him safely
aforesaid, and placed keepers and ser vants under him, for such custody, can
any sickness excuse himself that should not
answer this respect? And the aforesaid king Edward, father the king that then was, Thomas says, That placed under him such That they falsely, and traiterously murdered keepers and servants the castle aforesaid, hin and that could take Thomas alive for maintaining such custody, whom con
fided himself; and who together with the
aforesaid John Mautravers, had, reason
what happened. —And upon this him, That since has acknowledged
What was done further concerning this
Thomas Berkele not find, but judg ment drawn, hanged, and beheaded, was
this same parliament given against Thomas de
Gurney and William Ocle, for the death of
was have 100l. bring his head, 100 marks; that could bring William Ocle alive was have 100 marks, his head, 40l.
by
he
no by he
of
he
in A. D.
in
to he at
of
of toa
of
in
he toof of ofof
itis is is is
inin of as
in
as
as toso he of in in in of ofis to,
of
of he or of inde
of asheofoftoofat
he it 3d
hehe he tois
be of of
of
he
of
he is
in at
be in
on
II.
he
by isatasis
to;to a on to
he
or
ofI to
orde deaof to
he
bede in in
of
is
de
in
in
in
is
he atin, ofdeon
do
of by ? is
de to
all at he 4
it it
hetohe or
of
to
to de: at of
in
ofde
de deto
8 of
in he
he is inla de
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he
a
in ba or
of
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asbyof
of de is
57] STATE TRIALS, 14 Edward III. 1341. —Stratford, Alp. of Canterbury. [58
10. Proceedings against John STRATFoRD, Archbishop of Canter bury, for Treason, 14 Edw. III. A. D. 1341. [Rot. Parl. 14 Ed. III. 17 Ed. III. 2 Brady, 21. 1. 1 Cobb. Par. Hist. 100. ]
IN the year 1340, king Edw. 3, finding himself the war had been granted him for main distressed for money to carry on his war in taining thereof; and what means, and whose France, and thinking that those who had the default lost Tournay; and punish the
care ef his revenues were in fault, suddenly fenders things according law. And returned from Ghent into England, on St. what concerned him, saving always the
Andrew's day; about midnight he arrived at estate Holy Church, and his own order,
the Tower, and next morning he sent for the was ready points submit the judg archbishop of Canterbury to Lambeth, but ment of his peers. This letter was dated found him not there. He also sent for the Canterbury the first January. —In the same
bishop of Chichester his chancellor, the bishop of Lichfield and Coventry lord treasurer, and
several others his great officers, clerks of chan cery, and justices, and imprisoned them in the
month, wrote Robert Bouser late made chancellor England,
the bishop Chichester,
lay-man)
the place
preservé the
Tower, except the bishops, whom, says Robert land entire And let him know, that the
of Avesbury, for fear of the Clementine Con ninth had levied and destrained for upon
stitution, That bishops ought not to be impri prelates and others the clergy, who were not
soned, he permitted to have their liberty. On bound pay those that paid the tenth the 3d of December, the archbishop went to granted the clergy, and held nothing the
Coronation-oath,
Charter; the infringers whereof were, by the God and Holy Church, against the law and
so
things he had done to the great danger of his
his
and
of England and the Pope's bull, which privileges clerks, and the danger
e had by him, excommunicated. Which their souls, who did such things, gave advice
assent the doing
soul,
He tells him, he had pronounced excommuni the rights and privileges
cate all such about him that were favourers of forthwith release the clerks, and others, that Treason, flatterers and imposed upon him; had been imprisoned against the Great Char
and detriment of his state and honour.
beseeched the
king
preserve
. . "; untouched
and his spiritual father beseecheth him hold
them such, some which their sloth, and
wicked service and advice, lost Tournay. And
requested him call together the prelates, great vise the king commit such things, not men, and peers the land, see and enquire hinder the release those that were kept
whose hands the Wool, Moneys, and other prison. He also declared, That the king's things then remained, which since the beginning ministers officers, what condition soever,
liberties Holy Church, and the laws the
Canterbury, and secured himself in his church,
to escape future dangers. Thither the king sent Nicholas de Cantelupe with letters of credence, That he would come to him to London, where he might personally speak with him; but he came not, pretending some about the king had threatened to kill him. Yet though he came not, he wrote to the king, and admonished him to take good advice, and make use of good and wise counsellors, and to re member that by evil counsel his father had, contrary to the laws of the land and Magna Charta, imprisoned some great men and others,
king barony, were obliged come parliament; and also exacted the tenth such
were bound pay the ninth, oppressing the clergy contra Deum Justitiam, against God and justice Exhorting and requiring him the Lord not permit the religious and clergy
pay otherwise than according the form
precept that exercise such adjudged them to death, seized their goods, or power Holy Church had permitted him. — put them to grievous ransom: and what hap He wrote also the king and his council after
pened to him for this cause. He also put him in mind, That by the circumspection and discretion
of the prelates, the great and wise men of the nation, his own affairs had prospered, so as he possessed the hearts of the people; and had met more assistance from the clergy and laity than any of his progenitors. But at present, by the evil counsel of some English and others, who loved their own profit more than his honour, or the safety of the people, he had imprisoned clerks and others, against the laws of the land,
this manner: “To our lord the king and his
the grant
assent Charter,
the taxes, nor give his advice
any thing prejudice that might tend
the Great the subversion should make
church-liberties, declaring out any writ, commission, purpose, should not omit
council, and every one them
John, Divine permission archbishop Can terbury, and the pope's legate, declare
those that arrest clerks, put them prison, and detain them against their wills, are excom. municated canon. ” Which sentence pub lished the church Canterbury, and causcd
published his brother suffragans, bishops that province. After the denun
ciation which sentence, several clerks (there
against imprisoned prejudice the Great named) were taken and
ter, the laws the land, and privileges such were detained. And further beseeched all the king's council, who had presumed ad
them. Wherefore
Church, and
We
in
as
or
to
to of of by do of : : in all
of of
to
byof all
to
to of
to
in to
of
orof in
to
at he
of
ofas
heor of orit to
of
to
as
of
as of to
to
of
he
in of; all
to
of
it,
of of
as
of by
of,
to
by to
of toheor toofhe he
bein
by as
to
of in
of all all to it, of all
of
or
do of
of
to
to
in (a
to
to
to
in
to or if to he
to
to
to
to or as to to
in & of ofof by
59] STATE TRIALS, 14 Edward III. 1341–Proceedings against Stratford, [60
who entered the granges, houses, aud other places of archbishops, bishops, ecclesiasticks,
or other religious without the consent of their bailiffs, and took and carried away their goods;
and those that commanded these things
be done, were involved the same sentence excommunication. IIe wished the king
would vouchsafe apply remedy, for could not dissemble; but that against such,
his pastoral office required him, his brother bishops the province, should
execute what was his and their bounden duty. Yet was not his intention, that the king, queen, their children, should compre
ance money not coming him, was for
hended this judgment munication, far
be excused.
sentence excom necessaries: whence trusting his promised
wrote all the bi shops his province, and commanded them
declare excommunicate such deprived churches their rights, malice infringed
disturbed their liberties free customs;
and those especially that violated the ancient liberties and free customs of his church of Can
As had resolved,
law
right they might
assistance, again passed over sea, and ob
tained his sea-victory, before related and afterwards besieged Tournay, aforesaid; when every day expecting the archbishop's management relieved, great neces sities, with what had been promised him, his hopes failed and though many letters and messengers had signified him, and others
his counsellors his adherents, the wants and dangers was for want money, being put did any thing contrary privileges. Also off with frivolous excuses and fine words, by
ced contract improfitable debts under the greatest usury; and could not prose cute his expedition, but must necessity re turn into England where declaring the archbishop his streights and misfortunes, he called parliament, which gave him the ninths
above, and the clergy tenth; which fully collected, and due time, had probably been
sufficient for the carrying his war, and the payment his debts, the small confusion
his enemies. Then says the archbishop promised again assist him effectually toward collecting the subsidy, and administring other
terbury, any manner diminished them,
those that disturbed the peace and quiet the
kingdom, that gave advice assistance favoured them. Also those who any art trick whatsoever should violate, break, di
which they palliated their fraud and malice, he was forced unwillingly consent truce, to his shame, and the hindrance his expedi tion. length his faithful friends, compa nions, and participants his adventure and tribulation, with whom discoursed how he might most aptly delivered from his present misfortunes, agreed the fault was the arch
minish, change any the liberties and free
customs contained the Great Charter,
Charter the Forest, privately openly,
word, deed, advice, the ancient liberties
and free customs granted them the City bishop's, either sloth negligence, not
London, should declared excommunicate. malice murmuring against him, that he had And then directs them proceed the not corrected the insolence the archbishop same manner against such imprisoned and officers, which should not speedily, clerks, entered into the houses, granges, they threatened quit his service, and with &c. archbishops, bishops, &c. above. —
|. oppressing the people, and taking bribes
others less note committed prison and believing might have more full ac count the actions of his officers from the
archbishop, whom had committed for long time the administration his affairs,
sent Nicholas Cantilupe command him come speedily London, that might
would cause abundantly supplied the about the business the kingdom: but con necessary expences from the revenue our tenning his requests and messages, with an lands, and subsidies; adding further, That we haughty look answered, That would not need only take care have ready expert and meet, come to, confer with him, but full stout soldiers. Then he tells how he went be parliament; which that time was not ra
yond sea, and entered into war vast ex tionally expedient convene: then recounting pence, obliging himself his confederates his great bounty and beneficence toward him, great sums money upon the promised aid his extraordinary respect and affection him,
but trusting broken reed, and his assist and the mighty trust and confidence had
The king, moved with this behaviour the archbishop, wrote the bishop London, and the prior and chapter Canterbury, harsh and severe language, how had been used the archbishop, and charged him with many great crimes; as, that being exalted the throne his nonage, desiring directed
sound counsel, believing him fidelity and
discretion exceed men, and using him the director his soul, and likewise the affairs his kingdom, and receiving him into great
draw themselves from the confederacy. Whence thinking the discipline and correction his officers, removed some from their offices for male-administration, subversion
familiarity; and seeing the kingdom France
devolved him right succession, and
was usurpcd Philip Valois, with great
importunity persuaded him make confe
deracy against Philip with the German princes,
exposing and our affairs the charge and
hazard war; promising and affirming, That ters safe conduct, coine to, and inform him
have personal discourse with him; but being always proud, and fearful adversity, pre
tended danger from some about him, he should stir out the church Canterbury.
The second time Stratford, steward
sent him Ralph Stafford his houshold, with let
a
in
:in
to
to
in ifhe of if a ;:
; ifto
to
orall he or
a hebyits a
in
at
into of as or he be as to
to
as be
to at
or heof he to by in be to in of to to if be
heofby ofororor of
of he
it
of
all
of in us to to
or
of
or
in or
or or of
toof byof heor in as
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61] STATE TRIALS, 14 Edward III. 1341. -Archbishop of Canterbury. [62
him, declares how ungrateful he was, and how
he had deceived hite, wounding his innocence,
by railing at, and reproaching the justice, fide
fity, and diligence of his officers, by preaching
publickly, and sending letters into divers parts, expounding them hatred the archbishop,
That by royal power and against justice, the that the people might have opinion people had lately been oppressed, the clergy him. —The very same complaints against this confounded, the kingdom over-burdened with archbishop the king sent the pope, though exactions, taxes, and tallages. And because he somewhat smoother language some parts falsly endeavoured to obtain the name of a the epistle; and requests might
good pastor, which he always wanted, yet truly him removed out the kingdom, for preserving he was a notorious mercenary by common opi the peace and preventing other dangers nion, and iis own public confession; he ap that might feared ensue, staid there.
plied himself to assert the liberty of the church; Dat. apud Langele die Martii.
which if it had been injured or grieved, either The archbishop wrote answer the in persons or things, it was only and truly king's letter, which bears this title, The Excuse to be ascribed to the remissness, crafty in Answer the archbishop the slanderous
tentions, and reprobate counsels of the arch Libel; addressing himself way preface bishop wickedly pretending he had certain the king, telling him there were two things
sentences and articles of excommunication, made in general against the violators of church hiberty and the Great Charter, to blacken the
which the world was governed, the holy ponti fical authority, and the royal ordained power;
which the charge the priests was the ood opinion the people then had of the greatest and highest, inasmuch they were
sing, to defame his ministers, traiterously to the last judgment give account kings:
raise sedition amongst the people, and to with wherefore ought know, that they depend draw the affections of the earls, barons, and upon the judgment priests, who might not
great men from him. Wherefore being will directed their wills; for who could doubt ing, as he was bound, to secure the integrity of but Christ's priests were thought the his fame, to obviate the malice of the archbi fathers and masters kings, princes, and all shop, and to avoid the snares laid for him and faithful people. And proceeds inform his, he desired to publish some other of his him, that many bishops had excommunicated actions, besides those above repeated ; to wit, kings and emperors; and also inform him That by his improvident advice in his nonage, what good kings were do, and how be he had made so many prodigal prohibited gifts have themselves toward bishops, and what re and alienations, and done so many excessive verence, honour, and respect was due them. favours, that his treasury was exhausted, and And complains, that the honour due him, his crown rents beyond measure diminished ; regard his dignity, and was his and that corrupted by bribes, he had without rea father, was turned into disgrace, devotion into sonable cause remitted great sums of money due reviling, and reverence into contempt; whilst to him, and had given much of his rents and reve his epistles sealed with the royal seal, but nue, which ought to have been applied to his own more truly slanderous libels, dictated and use, to persons not deserving, or converted it written his enemies, containing many crimes to his own use; and presumed to attempt falsly imputed him, were sent the bishops
St. Peter Antioch, the 22d that month, the abbot St. Augustine's Canter bury, whom and his convent the like letters had been sent, published them the people,
other things to the detriment of his estate, da
mage of his royal dignity, and grievance of his
subjects, abusing the power committed to him.
Commanding those to whom this letter was too; which unthought
directed, to publish and cause others say detestable fact, royal power presumed publish such places they should think judge the Lord God his servants and priests;
Westminster, and seemed condemn him his spiritual the 12th February, the 15th his reign. father, and greatest peer the land, against
On Ash-Wednesday, being the 21st Fe the order God, human law, and natural bruary, the archbishop preached the cathe reason, not called, not convicted record, and
convenient. —Witness his self
Canterbury, and the end his ser unhcard, the danger his soul, and an
dral
mon
directed
against him, which desired might read: fession his affection him, and the great which was done order the prior, and the services had done him, comes his an contents them published the English swer, here following: that whereas accused tongue. Against which the archbishop every him, that when the kingdom France was point defended his innocence and then ad devolved him right succession, monished the people pray for the king, queen, importuned him make league with the and their children; and those that should Almain recover rights, and was only
devoutly, and also pray for the state find expert soldiers, and would find money; holy church, being penitent, and sorry for their which failing, you were, you say, forced con sins, granted forty days indulgence from tract great debts upon usury. To this said, purgatory. And the next day, being the chair That the beginning his government, when
his province, deans, abbots, priors, their
convents and chapters, and would God not
published his, the injury him that might not
told the people, there were letters example the manifest prejudice the the king the prior and convent peers England. At last, making great pro
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63] STATE TRIALS, 14 Edward III.
1341. -Proceedings against Stratford, [64
he was bishop of Winchester, it was known by
whose counsel he was governed. That when
the kingdom had devolved to him by heredi promise send money him; and therefore
tary right, and so judged in the parliament at
Northampton, the two bishops ofWorcester,
(Adam Orleton) Coventry and Litchfield, were
sent into France to claim that kingdom in your ful, both then and times his service, name, and to hinder the coronation of Philip says, concerning his faithful friends, and de Valois; which Embassy was the greater those that accompanied him his enterprizes occasion of the war. We at that time were beyond sea, who desired remedy
not employed in any ofyour affairs, but were applied those services, that brought him hated at court, for what cause God knows. into those inconveniences and misfortunes;
Afterwards, when it pleased your majesty to
call me, with others of your privy council, to transact the public affairs, we considering the danger of mens souls, bodies, and goods by a
power
believed, according their words, culpable guilty any fault, they punished just, not arbitrary process. Then his two messengers, first
of.
to make peace between the two kingdoms; but after endeavours for peace proved in successful, and Philip had made war upon you, then parliament Westminster, called for that purpose, seeing the obstinacy Philip,
was that were
devouring war, endeavoured with
Cantilupe, bringing king's Nicholas the
was agreed you should league with the Ger
mans Almains, and others. As for the pay
ment the expences this war, there were out letters, and bare word cited him
better information his affairs, he sent for him, &c. ) The archbishop affirms, made
such warred his service, could not com plain his fraud negligence. And profess ing again how diligent had been, and faith
letters credence, only cited and enjoined him
into Brabant pay the king's debts, and stay there while they were paid that
had been summoned have been at London
with the king, his letters intimated, he must have been here and beyond sea the same time. As Ralph Stafford, came with
agreements made with certain merchants council Stamford, which are be found Chancery which observed, together with
come the king, affirming ought not
fear any treachery, and says (this notwith standing that though the king's letters con duct first view scemed sufficient for his com ing to, staying at, and returning from his coun cils, had been summoned, was not;
yet the same day received these letters conduct, the sheriff Canterbury brought him
other subsidies granted both laity, and the great customs
our own, but the opinion
clergy and wool, not only the coun
cil, had been sufficient for the whole war, well managed. And your majesty knows well,
the king's writ appear London before the king and council upon contempt;
though the king's letter gave him free liberty returning, yet the king's writ was ne cessity fall into his enemies hands; which
that these agreements were not broken
changed us, nor did the subsidies come
our hands; because after your first passage we
staid not this kingdom, but with the reverend
fathers the cardinals and bishop Durham,
went into France treat peace, often going boecame not, nor could become royal majesty
backward and forward from and
then Brabant and afterward, when there was hopes peace, staid some time with you there, and were made partakers your necessities, and with other prelates and great men England, became bound with you for great sums upon usury. -The second thing charged upon him the king's letters, says, was yet more wonderful (that when the ninth was granted, promised effectually assist the levying it; but that reason
the non-performance that promise, when before Tournay, was forced consent truce, contrary his mind;) this said, the whole subsidy for the ninth for the first year, was assigned
ready answer what should objected against him, before the prelates and peers,
saving his state and order. —As what was charged upon him (for publishing sentence excommunication, and commanding
against the violators ecclesiastic
iberty Charter,
and the Great blacken the
king's reputation, defame his ministers, and traiterously move sedition amongst the people, and withdraw the affections the earls, barons, nobles, and great men, from the king)
yourself, nevertheless, was, and should always
because upon him, lord could
seemed affix the crime of treason which case king temporal his competent judge, pro
his creditors before his tested openly and publicly, these presents,
might appear and therefore
was ma not prejudice his state send, nor wholly decline trial
any thing, but any secular judge his prodigality
the assig that what said, should say, intended
second passage,
nations themselves
nifest, that neither promised
could send any thing the siege Tournay, whatever. At last,
especially not knowing when began. —To the
third thing, (that the necessities and great
streights was were brought upon him
his fault, negligence, and malice, also
his other officers, some whom he was forced his innocence, and the great service had
remove, and imprison others, lest his friends done, the labour and expences had been that were with him, and allies beyond sea, for the crown. And near his conclusion he
should leave him and when desiring have says, This may suffice for answer the scan
giving away the revenues the crown un deserving persons, and wasting the product them, and converting the king's treasure his own use, utterly denies asserting again
to he at
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o TRIALS, 1341. -Archbishop Canterbury.
65] STATE 14 Edward III. of [66
dalous Libel at present, and wisheth for the chancellor, the lord treasurer, and other high king's honour it had neither been wrote or pub officers state, should included under the
lished
The king very briefly to this Answer;
reproves hun for his insolent and undutiful lan
guage; tells him how much he honoured and these things were thus forwarded, the arch
revered his spiritual fathers, and that he ought bishop came again
not to overlook their offences, when he saw forbid the captain
the parliament, but was the king's guard, enter: whereupon
mons hath called me this
those letters wrote in his own vindication only,
had proceeded criminally against him ; and next the king have the first voice parliament,
them tending to the danger of him and his go William Attewood,
". mistake, vernment: and shews him his when
spake people thus the
he complained he was condemned of capital
that flocked about him, “My friends, the king his writ sum
crimes, unheard,
absent and as if he in
parliament,
forbids him and other bishops sentences excommunication,
publish any other things, derogatory
claim the rights my church Canterbury,
and therefore require entrance into parliament. ’ Tyrrel says, the archbishop was not summoned
this parliament. But when for this be ing kept out the guard, could not enter,
against the rights his crown,
his royal dignity and prerogative, they
had been always used his progenitors.
During this controversy between the king
took his cross his own hands, and so and archbishop, there was parliament called lemnly protested that would not stir from
Westminster, Monday next after
days
jrdinary bearing should not: while he stood there this man
ner, some that were by, began revile him, Can telling him, that was traitor, and de
terbury came, though had writ sum ceived the king, and betrayed the realm. To mons; attended with great company his whom the archbishop said, ‘the curse Al
the
o
Easter, the writ date March
summons Wede
into parliament, sufficient reason why
meet
that place, till the king gave him leave come
names peers; and set down request, that
conditions and estates might enjoy their
proper peculiar By
and liberties. that time
and who am the chief peer the realm, and who
stoke.
To this parliament the archbishop
clergy, and many knights. Upon his entrance
into the house, the high steward and chamber
lain met him, who the king's name forbad
him enter the parliament until had un this hurry certain noblemen chancing dergone trial the exchequer, for divers come out, besought them request the things laid his charge. The archbishop, lest king his behalf, and for the right his
he move the king too much, vouchsafed into that court, and there took copy
the Articles, which his accusation consisted, and these promised return Answer. Upon which was suffered the king
church Canterbury; this they kindly pro mised him do. And accordingly the in
come into parliament, and there, before whole assembly, declared the cause coming be, “for the honour, rights and
the his
tercession and favour the lords, the king gave leave for his admission into the house, where offered purge himself lawfully
arliament the crimes objected against him he was referred the consideration of the
twelve peers, who had his cause hand berties the church, for the profit and com that time. On the nineteenth April, being modity the realm, and for the interest and Thursday, the king came into saint Edward's
honour the king:. . . and, lastly, that might chamber, commonly called the painted cham clear himself parliament several crimes ber, before whom, sight the lords and laid his charge, and published over Eng commons, the archbishop humbled himself, and
land his prejudice. ” This occasioned great debate amongst the lords this ques tion, “whether the nobility the land should
put answer, except before their peers open parliament? ’ committee twelve peers
required his gracious pardon; which upon the
whole parliament's general suit and entreaty,
his majesty granted. After which the arch bishop desired, that whereas was publicly defamed through the realm, might now be arraigned open parliament before his peers: but the king answered, would first attend the common affairs, and after that examine lighter matters.
ward when the king commanded, that the things touching the Arraignment the arch
was appointed draw
his majesty; and they were,
concerning the crimes laid
representation also, enquire
the archbishop's charge, and fairly represent how far they
The next parliament was the 17th Ed
thought him blameable. Joshua Barnes particular the sequel the controversy, be
twixt the king and the prelate, that we cannot do better than give his own words.
bishop, which remained
William Kildesby,
parliament, should
outed laid aside,
reasonable or true and master John de Ur
“Whereupon are named four bishops, four
the hands sir
earls, and four barons, draw the platform
for the king's view. These being also en quire concerning the crimes laid against the
advised upon this annulled and totally such were neither
archbishop, and prepare them for the king, ford was commanded bring them into parlia among other things determined, that the lord ment, be vacated there.
Wol,
mighty God, and his blessed mother, and
saint Thomas and mine also, upon the heads them that inform the king so. Amen. Amen. ”
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07] STATE TRIALS, 51 Edward III. 1377. -Proceedings against [68 *
Proceedings against John Wick LIFFE, for IIeresy, Edw. III.
1377. Rd. 1383, [Fox's Acts and Monum. 562. ]
THE bishops now seeing the aged king Wickliffe the presence the duke Lan taken away, during the time whose old age caster, and lord Percie who, vpon the decla
the gouerument the realme depended ration the pope's letters made, bound him vpon the duke Lancaster; and now the said silence, forbidding him not entreate any
bishops againe seeing the said duke, with the more those matters. But then through the lord Percy, the lord marshall, giue ouer their disturbance the bishop London and the
offices, and remaine their priuate houses
without intermedling, thought now the time
serue them, haue some vantage against John
Wickliffe; who hitherto, vinder the protection
of the foresaid duke and lord marshall, had Gregory the eleuenth. some rest and quiet. Concerning the story
which Wicklifie, trust (gentle reader)
out thy memory what went before, how
being brought before the bishops,
meanes the duke and lord Henry Percy, the Edward, sendeth his bull the hands and counsell was interrupted, and brake before nine meanes (peraduenture) one master Edmund
the clocke. By reason whereof, Wickliffe Stafford, directed vnto the vniuersity Oxford, that time escaped without any further trou rebuking them sharpely, inperiously and like
duke, and lord Percy, that matter was soone dispatched, hath beene aboue recorded. And all this was done the daies and last
yeere king Edward the third and pope
The next yeere following, which was the yeere our Lord 1378, being the first yeere
not
the gory taking time, after the death king
king ltichard the second, the said pope Gre
ble. Who notwithstanding, being the bi pope, for suffering long the doctrine
shops forbid deale that doctrine any more, continued yet with his fellowcs going barefoote, and long frise gownes, preaching diligently
John Wickliffe take roote, and not plucking with the crooked sickle their catholike doctrine. Which Bull when came be
wnto the people. Out whose scrimons these exhibited vnto their hands, the pope's mes articles most chiefly that time were collect senger aforesaid; the proctors and masters ed. —That the holy Eucharist, after the conse the Vniuersity, ioyning together consulta cration, not the very body Christ, but tion, stood long doubt, deliberating with figuratiuely. —That the church Roune, not
the head churches more than any other chu. ch is: Nor that Peter hath any more power giuen Christ, than any other Apostle hath. --Item, that the pope Rome bath
more the keies the church, then hath any
and meritoriously take away their temporali Lincolne, greeting, and apostolicall benc ties from the churchmen offending habitualiter. diction. —We are compelled not onely —Item, any temporall lord doe know the maruell, but also lament, that you, consider church offending, bound, vinder paine ing the apostolicall seate hath giuen vnto your
priesthood. —Item,
God be, the lords temporall may lawfully cellor and Vniuersity Oxford, the diocesse
other within the order
damnation, take the temporalitics from Vniuersity Oxford great fauour and priui the same. —Item, that the Gospel rule suf ledge, and also that you flow large ficient selfe rule the life euery chris sea the knowledge the holy Scriptures, tian man heere, without any other rule. —Item, and ought champions and defenders that all other rules, vnder whose obseruances the ancient and catholike faith (without the diuers religious persons gouerned, doe adde which there saluation,) your great no more perfection the Gospell, than doth
the white colour the wall. —Item, that nei
ther the pope, nor any other prelate the
church, ought haue prisons wherein pu
mish transgressors.
Beside these Articles, diuers other Conclu sions afterward were gathered out his writ ings and preachings the bishops Eng land, which they sent diligently pope Gre
waxe strong and choke the corne. Neither haue any care (as we are enformed) ex tirpe and plucke the same the rootes, the great blemishing your renoumed name, the perill your soules, the contempt the
gory Rome; Where the said articles being
read and perused, were condemned for here the encrease that filthie weed was more
ticall and erroneous three and twenty car dinals.
the meane time, the archbishop Canturbury, sending forth, his citations, aforesaid, called before him the said John
sharpely rebuked and iudged of, Rome than England where sprang. Wherefore let there bee meants sought the helpe the
themselues whether receiue the pope's Bull with honour, refuse and reiect with shame.
The copy this wilde Bull, sent them from the pope, was this: -
“Gregory the bishop, the seruant Gods seruants, his well beloued sonnes, the Chan
negligence and sloth will suffer wild cockle, not onely grow among the pure wheate the flourishing field your Vniuersity, but also
church Rome, and the great decay the
anticnt faith. And further(which grieueth vs)
faithfull, roote out the same. Grieuously come our eares, that one Iohn Wickliffe,
to to
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by in
in byas in
it
to 51 of
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I of
69]
STATE TRIALS, 6 Rich ARD 1983. −John IPickliffe, for Heresy. [70
Parson Lutterworth Lincolne diocesse, Canturbury Simon Sudbury, the bishop professour diuinitie (would God were not London named William Courtney, with the
rather naster errours) runne into kind detestable wickednesse, not onely and open publishing, but also vomiting out the filthy
dungeon his breast, diuers professions, false and erroneous conclusions, and most wicked
Conclusions Iohn Wickliffe therein inclosed, commanding them, vertue those his let ters apostolicall, and straitly enjoyning them
cause the said Iohn Wickliffe apprehend ed, and cast into prison; and that the king and
W.
side this bill
archbishop
London, bearing the date, calend. Iun. and the 7th yere the reigne the pope; find, moreouer, the said story two other Letters the pope concerning the saine matter, but differing forme, sent vnto the same bishops
and damnable heresies.
defile the faithfull sort, and bring them from
giue any credit
right path headlong perdi
the said Iohn any wise. —Be Bull the Pope, sent vnto the
the into the
tion, ouerthrow the state the and
his doctrine
Canturbury and the bishop
church,
ytterly subuert the secular policie. Of which
agree (only certaine names and termes changed) with the peruerse opinions, and vnlearned doctrine
Marsilius Padua, and Iohn Gandune, vnworthie memory, whose bookes were vt
the realine England, happy memory Iehn 22.
more glorious and shining purenesse faith;
his mischiefuous heresies some seeme
terly abolished our predecessour
and all bearing the same date both yeere, and moneth the reigne pope Gregory. Whereby
the day,
the said supposed,
id:
kingdome
onely
doth not
power, and abundance faculties, but much
Where*
by might
the nobles them, not
England should be admonished
flourish
that the pope either was very exquisite and so licitous about the matter, haue Wickliffe
apprehended, which wrote three diuers let ters one person, and one day, about scriptures, ripe grauity maners, men nota one businesse; else that did suspect the
Accustomed alwaies bring forth men excel lently learned the true knowledge the holy
ble deuotion, and defenders the catholike faith. Wherefore we will and command you
bearers thereof; the scruple whereof leaue the iudgment the reader. —Furthermore,
our writing apostolicall the name your besides these Letters written the vniuensity, obedience, and vpon paine priuation our and the bishops, directeth also another fauour, indulgences and priuiledges granted Epistle bearing the same date vnto king Ed wnto your and your vniuersity from the said see ward; one my stories saith, but ano apostolicall that hereafter suffer not those ther saith, king Richard, which soundeth pestilent heresies, and those subtill and false more neere the truth, forasmuch the
conclusions and propositions, misconstruing 7th yeere pope Gregory the which was the right sense faith and good workes (how the yeere our Lord 1378, king Edward was
soeuer they tearme what curious implica tion words soeuer they vse) any longer disputed of, brought question: Lest
bee not withstood the first, and plucked
not aliue. The copy his Letters the king here followeth:
the roots, might perhaps
after prepare medicines
number infected with the
further that apprehend immediatly
greater And cause
too late here
The copy the Epistle sent
Rome Richard king secute Iohn Wickliffe.
the bishop England, per
when contagion.
“Vnto his well-beloued sonne Christ, Richard the most noble king England, health, apprehended the said Iohn Wickliffe, and &c. —The kingdome England, which the
deliuer him detained the safe custody most highest hath put vnder your power and our well-beloued brethren, the archbishop gouernance, being famous and renoumed
Canturbury, and the bishop London, valiancy and strength, abundant and flowing
either them. And you shall find any gainesayers, corrupted with the said doctrine (which God forbid) your said vniuersity within your iurisdiction, that shall obstinately stand the said errours; that then like maner apprehend them, and commit them
safe custody, and otherwise doe this
case shall appertaine vnto you
your carefull proceedings herein, your negligence past concerning the premisses may now fully supplied and recompensed with present dili gence. Whereby you shall not onely purchase
all kind wealth and riches, but mu.