Thomas Woodstockduke Glou with others that party; and
accordingly
cester.
Complete Collection of State Trials for Treason - v01
haue grieucusly offended.
21.
That religi opinion and iudgement the catholike faith, ous men, being their priuate religions, are giue their opinions and iudgements concern not of the Christian religion.
22.
That friers ing the foresaid conclusions.
But forasmuch
that
their owne will and pleasures. 18. Also without which there no saluation. We
are bounden get their liuing the labour (a) This article peraduenture was not
the said conclusions and assertions, being the presence vs, and our fellow brethren and other conuocates, openly expounded, and dili
gently examined, were the cnd found common counsell and consent as well of them
vs, and declared that some those
conclusions were hereticall, and some them G
straitly ment him was gathered as aforesaid.
(b) This article expoundeth the aboue. -
WOL.
them, article
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83] STATE TRIALS, 6 Richard
erroneous, and repugnant the determination the Church, hereunder are described.
1383. —Proceedings against '[S4
great company babling friers, and religious persons were gathered together consult
We will and command your brotherhood and touching Iohn Wicklities books, and that whole vertue holy obedience straitly imioine sect; when say, they were gathered to and singular our brethren, and suffragans our gether the gray friers London, begin
bodie and Church Canturburie, that with all their businesse, vpon saint Dunstans day after
speedie diligence you possibly can you like dinner, about two the clocke, the very houre
wise entoine them (as wee haue enioined you) and instant that they should goe forwald with and eucrie of them. And that euerie one of their businesse, wonderfull and terrible earth them their Churches and other places quake fell throughout England whereupon their citie and diocesse, doe admonish and diuers the suffragans, being feared the warne, and that you, your Church and strange and wonderfull demonstration, doubting other Churches your citie and dioces doe what should meane, thought good leaue admonish and warne, we the tenor off from their determinate purpose. But the these presents doe admonish and warne the archbishop (as chiefe captaine that army, first time, the second time, and the third time; more rash and bold than wise) interpreting the and yet luore straitly doe warne, assigning for chance which had happened cleane contrary the first admonition one day, for the second another meaning purpose, did confirme and admonition another day, and for the third ad strengthen their hearts and minds, which were monition canonicall and peremptorie, another almost daunted with feare, stoutly proceede day; That no man from henceforth what and goe forward their attempted enterprise. estate condition soeuer, doe hold, preach, Who then discoursing Wicklistes articles, nut or defend the foresaid heresies and errors or according vnto the Sacred Canons the holy any them; nor that admit preach any Scripture, but vnto their owne priuste affec one that prohibited not sent preach, tions and traditions, pronounced and gaue sen nor that he heare or hearken the heresies or tence, that some them were simply and plainely errors him any them, that hee fauour hereticall, other some halfe erroneous, other
leane vinto him either publikely priuily; irreligious, some seditious, and not consonaut but that immediately hee shun him, would the Church Rome. —Item, the twelfth day auoid serpent putting forth most pestiferous June, the yeere aforesaid, the chamber
poison, vinder paine the greater curse, the the sriers preachers, the foresaid master Robert
which wee command bee thundered against Rigge, Chancellor the Vniuersitie Oxford, . . all and euerie one which shall disobedient and Thomas Brightwell professors diuinitie this behalfc, and not regarding these our (being appointed the same day and place, monitions, after that those three daies past the foresaid reuerend father God archbishop
which are assigned for the canonicall moni Canturburie) appeared before him the pre tion, and that their delay, fault offence sence the reuerend father God, lord William
committed require the same: And then accord the grace God bishop Winchester and ing the tenour these writings, we com diuers other doctors and bachelors of diuinitie
mand both euerie one our fellow bre and the canon ciuill and law, whose names are theren and our suffragans their cities and before recited. And first the said Chancellor dioces, and you your citie and diocesse the said lord Archbishop Canturbury, (so much belongeth both you and them) being examined what his opinion was touching
that the vttermost both and they cause
the foresaid articles, publikely affirmed and de clared, that certain of those conclusions were hereticall, and certaine erroneous, the other doctors and clerkes afore mentioned had de
clared. And then immediately next aster him, the foresaid Thomas Brightwell was examined, which vpon soune the conclusions first somewhat staggered, but the end, being the said Archbishop diligently examined vpon the same, did affirme and repute the same
pronounced. And furthermore wee will and command our
the same excommunications
foresaid fellow bretheren, and and singular you apart your selues, bee admonished
and the aspersion the blood Iesus Christ wee likewise admonish you; that according
the institution the Sacred Canons, eueryone
them their cities and dioces, bee diligent
inquisitor this hereticall prauitie; and that
euery one you also your cities and dioces bee hereticall and erroneous, the foresaid bec the like inquisitor the foresaid hereticall Chancellor had done. Another Bachelor
Prauitie: And that such like presumption Diuinitie also there was named N. staminering they and you carefully, and diligently inquire, also some those conclusions, but the
ligion.
the other doctors diuinitie, and lawyers with William the grace God archbishop -
and that both they and you (according your end affirmed that his opinion therein was, duties and office this behalfe) with effect doe was the iudgement the foresaid Chancellor proceede against the same, the honour and and Thomas aboue declared. Whereupon, praise his name that was crucified, and for the said lord Archbishop Canturbury, will the preseruation
the Christian faith and re ing and hinder the perill such herestes and errours, deliuered vnto the foresaid Chan passed ouer the great mira cellour, there being publikely read, his letters
IIere not
cle Gods diuine admonition warning; for patents executed, the tenor whereof when the archbishop and suffragans, with these words doth follow.
of
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85] STATE TRIALS, 6 Rich ARD
Canturburie, primate Fngland, and legate the apostolicall Sea: To our welbeloued
1383. −John Wickliffe, for Heresy. [86
shall incurre the sentence this instrument sent forth (which God forbid) wee specially
sonne Christ the Chancellor the Vminer rescrue vinto our sellies: exhorting you the sitie Oxford, within the diocesse Lincolne, Chancellor the aspersion the blood greeting, grace, and benediction. The prelats Iesus Christ, that the vttermost your
the Church, about the Lords flocke commit power hereafter you doe your endeauour, that ted their charge, ought much more the clergie and people being subject vinto you, vigilant that they see the Woolfe, clothed there bee any which haue straied from the sheeps attire, fraudulently about worrie catholike faith such errours, may bee brought and scatter the sheepe. Doubtlesse, the com home againe the laud and honour his mon fame and brute come vnto our eares, name that was crucified, and preseruation
&c. mandato praecedenti. Wee will therefore and command, straitly inioyning you, that the Church of our blessed Ladie Ox
the true faith. And further our will that whatsoeuer you shall doe the premises, manner and forme our processe this be halfe had and done and that you for your
ford, vpon those daies the which accustoma
be the sermon made, also the schooles part, when you shall required thereunto,
the said Vniuersitie vpon those daies the lainely and distinctly doe certifie your Lectures bee read, yee publish and cause etters patents, hauing the tenour hereof.
others bee published the clergie and peo The archbishop not yet contented with this, ple, well their vulgar tongue, the La doth moreouer meanes possible solicite time tongue, manifestly and plainely without the king ioyne withall the power his tem any curious implication, the same hereticall and porall sword; for that hee well perceiued, that erroneous conclusions, repugnant the de hitherto yet the popish clergie had not au termination holy Church, aforesaid;
haue beene and condemned which conclu sions wee also declare these our letters bee vtterly condemned. And that furthermore you forbid, and canonically admonish and cause
bee admonished, wee the tenour these presents doe forbid and admonish you, once, twice, and thrice, and that perenptorily
that none hereafter hold, teach, and preach, defend the heresies and errors abouesaid, any
the either schoole out schoole any sophisticall cauillation otherwise: that any admit preach, here hearken vnto Iohn Wickliffe, Nicholas Herford, Philip Rep
ington, canon regular, Iohn Ashton,
thoritie sufficient, any publike law statute this land, proceede vnto death against any person whatsoeuer, case religion, but onely
Poe
notoriously suspected heresie, else any
doe their realmes what they will) else per
Redman,
vehemently which and
haps inticed gathered
clergy,
was content
adioyne
other whatsoeuer,
that either priuately
aide fauour them
incontinently they shun and auoide the same
the
his priuat assent (such was) the setting
downe an ordinance, which was indeed the
very first law that bee found made against
religion and the professours thereof, bearing the
name act made the parliament holden Westminster, anno Rich. where among
sundry other statutes then published, and yet remaining the printed bookes statutes, this supposed statute bee found, cap. vlti
suspected defamed publikely they either any them, but that
Serpent which putteth forth most pestiferous poyson. And furthermore we suspend the said suspected persons from scholasticall act, till such time they shall purge themselues before
that behalfe: and that you denounce the mo, followeth.
same publikely haue beene and sus pended; and that yec diligently and faithfully
enquire their fautors and fauourers, and cause bee enquired throughout the halls
Item, forsomuch openly known that there diuers euill persons within the realin, going from county county, and from towne
towne, certaine habits vinder dissimulation
great holinesse, and without the licence
the ordinarics the places, other sufficient au thoritie, preaching daily not onely Churches and Church-yards, but also markets, faires, and other open places where great congrega
tion people diuers sermons containing heresies and notorious errors, the great emi blennishing Christian faith and destruction
the said Vniuersitie. And that when you
shall haue intelligence
sons, that compell
absure their outrages
and other paines canonicall whatsoeuer, vinder paine the greater curse, the which against
and singular the rebellious this behalfe, and disobeying our monitions, wee pronounce
that their fault, deceit, and offence
halfe deserue thc sanie (the said monition
their names and per and euerie them
ecclesiasticall censures
this be ours esteeme
lHoly Church, the people, and more plainely found, and sufficiently prooned before the
being first sent) which this behaise
and allow canonicall, that then and againe
according the effect these our letters, &c.
The absolution and singular such, which turbury, and the bishops and other prelats,
the vsurped tyranny and example the
court Rome. Where note (gentle reader) for thy better vnderstanding, the practice the Ronnish prelats seeking the king's helpe further their bloody purpose against the good saints God. Which king being but young, and vnder yeeres ripe iudgement, partly in duced, rather seduced importune sute
the foresaid archbishop, partly also either for feare the bishops (for kings cannot alwayes
some hope subsidie be
the lawes, and the great perill
the estate
the soules England,
the realme
reuerend father God the alchbishop Can
of all
by vs to
to in
be
is
to
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asto
s? ] STATE TRIALs, 6 Richard
masters diuinitie, and doctors canon and ciuill law, and great part the clergy
the said realine, specially assembled for this
great cause which persons doe also preach di them.
[ss
uers matters slander, ingender discord and dissention betwixt diuers estates of the said
Besides also, what manner law this was, whom deuised, and what authority the same was first made and established, iudge by
that that followeth viz. following, the Utas Saint Michael next
well spirituall temporall, exci the people the great perill the which preachers being cited sum
realme,
ting
realme
moned before the ordinaries the places, there
parliament summoned and holden West minster, the sixth yeere the said king, among
answer that wherof they impeached,
they will not obey their summons and com
mandeinents, nor care not for their monitions mons, whereunto hee assented, there none nor censures the Holy Church, but expresly
despise them and moreouer, their subtile
and ingenious words, doe draw the people
heare their sermons, and doe maintaine them words: ordained this present parliament,
their errors strong hand, and great that commissions from the king bee directed routs: ordained and assented this pre the shirisfies and other ministers of the king,
other sufficient persons skilfull, and according the certificats the prelats thereof, bee
made vnto the Chancery from time time, other sufficient persons learned, and according arrest such preachers, and their fautors,
sent parliament, that the king's commissions bee made and directed the sheriffs and other
ministers our soueraigne lord the king,
the certifications the prelats thereof,
bee made the Chancery from time time, arrest such preachers, and also their fau tors, maintainers and abetters, and hold them arrest and strong prison, till they will iustifie
themselues according the law and reason Holy Chu, ch. And the king willeth and com mandeth, that the Chancellor make such com
1383–Proceeding against
further without either the words, meaning the said statute,
reasonable imprison, then their owne houses, where else pleased
sundery petitions inade the king coin
this forme, article 52.
Item, prayen the commons, that whereas
estatute was made the last parlament these
maintainers and abetters; and them detaine
strong prison, vintill they will iustifie them selues according reason, and law Holy
Church; and the king willeth and commandeth that the Chancellor make such commissions
times, shall the prelats any them certified, and thereof required, afore said. The which was neuer agreed nor granted
the commons; but whatsoeuer was mooued and thereof re therein, was without their assent: that the said statute be therefore disannulled. For not
missions times, that hee any then shall certific quired, aforesaid.
the prelats,
An Examination the foresaid supposed Statute, and the inualidity thereof—Which
any wise their meaning, that either themselues, such shall succeede them, shall bee further iustified bound the prelats, than were
supposed statute forasmuch was the prin
cipall ground whereupon proceeded the per their ancestors former times, whereunto
secution that time; therefore not im pertinent examine the same more particularly, whereby shal appeare, that the same was fraudulently and vnduely deuised the prelats only, was like inaner most imiuriously
and vnorderly executed them. For imme diately vpon the publishing this law, without
answered, plaist Roy. the king pleased. Hereby notwithstanding the former vniust law an. was repealed, and the fraud the framers thereof sushciently discouered: yet such
meanes was there made the prelats, that this act repeale was neuer published, nor euer sithence imprinted with the rest the statutes
that parliament. Insomuch the said re peale being concealed, like commissions and
other processe were made from time time, vertue the said bastard stotute, well during
the raigne this king, euer sithence against the professors religion.
further warrant either from the king
councel, commissions vinder the great seale
England were made this forine Richard the grace God, &c. , patet act. pag.
his
Witnesse my selle Westminster the day Iune, the sixth yeare our raigue. With
out more words warrant vinder written, such Meane while what became of Wickliffe
like cases are both vsuall and requisite; viz. per ipsum regem per rege concilium
per brewe priuato sigillo. All any which words being voterly wanting this place, may bee scene the king's records that tine; must therefore
not certainly knowne. Albeit,
may bee gathered out Walden,
that he was banished and diluca
the meane time not hee doubted, but was aliue during this while, wheresoguer
rant this foresaid statute,
els without any noted,
about this time wrote the which letter
warrant all.
Whereupon
that whereas the said statute appointed the commissions be directed the shiride,
being commanded
exile. done either war was, his letter may appeare, which
pope Urbate the sixth. doth purge himselfe, that appeare before the popc Rome, cane not; declaring also the other ninisters the king's, other sulfici same bricse confession his faith. The
ent persons learned for the arresting such capie which epi-tie here followerh.
persons; the said commissions are directed The epistle John Wickliffe sent vinto pope the archbishop and his suffragans, being Vrbane the sixth. Anno 1332,-Verily doe appeareth parties the case, authorizing them reiosce open and declare vuto cuery man
farre appeareth
as itto
54 i. byof
or
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be of
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89] STATE TRIALS, 11 Richard 1388. —Archbishop York, and others. [00 the faith which doe hold, and specially vnto will nost humbly submit my selfe vnto correc
the bishop Rome; the which forsomuch
doe suppose bee sound and true, will most willingly confirme my said faith, or,
bee erroneous, amend the same. First. sup pose, that the Gospell Christ the whole body Gods law; and that Christ, which did giue the same law himselfe, beleeue
tion, euen death necessitie and could labour according
require
my will would surely
very man, and that point, exceeed the wnto our pope inst and true euangelicall instinc law the Gospell, and other parts the tions: we ought pray that those motions Scripture. Againe, doe giue and hold the bi not extinguished any subtle crafty de
shop Rome, forsomuch the vicar uice. —And that the pope and cardinals not
Christ, here earth, bound most moued doe any thing contrary vinto the law
other men vnto that law the Gospell. For the Lord. Wherefore pray vnto our
bane the sixth, began, that with his clergy may follow the Lord Jesus Christ life
and manners: and that they may teach the
people effectually, and that they likewise may
faithfully follow then the same. And let specially pray that our pope may preseruca from all maligne and euill counsell, which we
the greatnesse amongst Christs disciples did not God, that hee will stirre our pope Vr
consist worldly dignitie, honours, but the neere and exact following Christ his life and manners: whereupon doe gather out
the heart the law the Lord, that Christ the time his pilgrimage here was most
poore man, abiecting and casting worldly rule and honour, appeareth the Gospell
desire mine owne person, present myselfe before the bishop the Lord hath otherwise visited me
Rome; but the con obey God than men. Forsomuch then God hath giuen
trarie, and hath taught me rather
Matth. the and the Cor. chap. – doe know that euill and enuious men of his
Hereby doe fully gather, that faithfull man houshold would gue him. And seeing the
ought follow, either the pope himselfe,
any the holy men, but such points
hath followed the Lord Jesus Christ. For Peter
Lord will not suffer tempted aboue our power, much lesse then will hee require any creature doe that thing which they are not able; forsomuch, that the plaine condition and manner of Antichrist.
Which John Wickliffe returning againe with short space, either from his banishment,
from some other place where was secretly kept, repaired his parish Lutterworth, where was parson and there, quietly de
Zebede, desiring worldly honour contrary the following Christs
steps, did offend, and therefore those errours
they are not followed. —Hereof doega the, counsell, that the pope ought
and the sonnes
leaue vnto the secular power temporall do
minion and rule, and thereunto effectually
Inoue and exhort his whole clergy; for did parting this mortall life, slept peace the Christ, and specially Apostles. Where Lord, the beginning the yeere 1384, vpon
fore
haue erred any these points, Siiuesters day.
PRoceedings
PARLIAMENT against Alexander Nevil, arch bishop York, Robert Vere, duke Ireland, Michael
Pole, earl Suffolk, Robert Tresilian, lord chief justice England, and Nicholas Brambre some time mayor London,
and
others,
for
High-Treason: Richard II. A. D. 1388.
- Tyrrel, Hol. Chron. 453. Grafton, 377. Walsing, 334.
895. Brady, 307. Cobb. Parl. Hist. 188. ]
THESE men being raised from mean cstates kingdom, they wrought their policy, that the favour the king, and advanced the the king impoverished, and the treasury ex
degree Privy-Counsellors, were the inen who hausted upon which the Commons murmur
had the only rule the Commonwealth, which under the king they governed some small space with careful diligence, acquiring thereby
deserved commendations: but not long did they thus steer the ship the king lom, for muy them being inferior rank birth, not having their veins dignified with noble blood, they were the sooner enticed with the
the multiplicity Tenths, Levies and Sub sidies; the Peers repine sce themselves dis graced and their inferiors honoured and word, the whole kingdom eadures universal misery. —The nobility, seeing the miserable estate wherein the whole kingdom lay, bleed
libidinous baits voluptuousness, and infected
inquired into and redressed.
with the insati ible itch
that despising the authority
neglecting the commodity
whly desiring keep the Revenues the his ostice Treasurer, and John Gilbert bishop
ing were Parliament,
death, urged the king summon the end the Grievances the
nation might
avarice; insomuch Parliament was shortly after held, October
the king, and 1366, which, among many other Acts, John the realin, and Fortham bishop Durham was discharged
to
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to
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II.
91] STATE TRIALS, l l Richard 1388. -Proceedings against the [92
Hereford appointed his place; and Mi the office Chancellor, divers lands and tene chael Pole (a) earl Suffolk and Chan ments, contained the Impeachment, and cellor England was dismissed from his chan openly known that had received from cellorship, and immediately after was impeach the king other lands and tenements, that are
high o certain and sure, the value 400 marks per
annum, exchange for 400 marks yearly,
“That the said earl being Chancellor, and which had upon the Customs Kingston sworn act for the just the king, hath upon Hull, that are casual, and not sure,
Crimes and Misdemeanors the Commons, follows:
purchased our lord the king, lands, tene
ments and rents great value, appears
the Record the Rolls Chancery; and
that against Oath, not regarding the great necessity the king and realm, being Chan
cellor the time such purch use made, did cause the said lands and tenements to be set
much smaller value than really they were
worth the year, deceit the king. ” [Rot.
without informing the king his damage
that particular: and whereas the said Chan cellor has alledged, that received part the said lands and tenements taken exchange before he was Chancellor the Commons re
ply that was then sworn the king's privy council, and that afterwards his being made Chancellor, was again obliged oath; and that being the said office, had agreed
the exchanges him before desired, and had
Par. Rich. No. &c. ]
To this first Article the earl answered to this received from the king the remainder the
effect: That while was Chancellor, nei ther purchased any lands the king, nor did give any him, unless when made him
said lands and tenements full performance the said exchanges; and therefore they de mand Judgment the parliament upon his
aforesaid Answer; which being thought insuf ficient the Lords, the following Judgment
was given, being this effect: That since the said earl had not alledged his Answer, that he had observed his Oath, when he swore
earl, king
had 400 marks per ann. from the way exchange, for much
inheritance out the Customs King
had
ston-upon-Hull, whereof some part was as
signed him one Tydeman Limburgh
and others before was Chancellor, and some ‘that would not know of, suffer any
part since that time; which exchange was for the king's annual advantage; also because
damage disherison the king, nor that the right his crown should any ways destroyed
could hinder it,” with the rest the clause
the said Oath, above recited; yet that being the principal minister the king, and
knowing his estate, and the necessity the
realm, had taken such lands and tenements as
are laid the said Impeachinent, and are re
cited the first Article and though hath alledged his Answer, that the gifts bestow
the sum 1000 marks paid
upon that consideration. And
deavoured prove, that the Oath had taken, when was made Chancellor, had another intent than what they (the commons) would put upon and yet notwithstanding that Oath, might lawfully take, purchase from the king.
But the Commons not being satisfied with
this Answer, replied thereto, and shewed the yet since
full parliament;
lords the copy his (the Chancellor's) Oath, when took the Great Seal into his custody, being manner following, viz. “You shall
swear that you will well and truly serve our
the office persons
such Record en was adjudged, manors, lands, tenements, and their
‘lord the king and his people, Chancellor, and will right
received him from the seized and taken into his hands,
hold them him, and his heirs,
the earl further en
rolled
‘That appurtenances, king, should
have and
fully ever they had been before the gift poor rich, according, . made of them the said earl, with the
both and
and customs the realm, and shall faithfully issues and mesne profits the same from the
the laws
advise the king, and conceal his counsels; time the said grant, and which were
and you shall not know nor permit any levied out of the rest of the said earl's lands
damage disherison the king, nor that the elsewhere; yet that was not the intention
rights ‘stroyed,
crown shall any be de the king, nor the lords, that this Judgment
upon him, were confirmed hath produced
given earl, you can hinder it; and you can should make him lose the title
you shall then clearly and ex pressly make known the king, together
with your faithful Advice and Counsel there “upon, and you shall always act for, and pro cure the profit the king, things where “you may reasonably help God
and the Holy Gospels. ”—Wherefore the Com Realm, and deliver their advice how the
mons prayed, that this being read and well same might improved and amended and put
not hinder
nor yet the marks yearly, which was
understood, and the circumstances
his said into better order and governance; and there had not de upon such Examination delivered the
Answer considered, nied have received since was made
(a) He was son
wit, that the gift
the king earl, and being then
king, well word mouth writing and although the said late Chancellor did say full parliament, that the said Advice and
Ordinances should be put due execution, yet
merchant London.
parliament, therefore
receive out the issues and profits
the
county Suffolk, reason The second Article
the said title. “That whereas
nine lords were assigned
view and examine the State the King and
the last parliament
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93] STATE TRIALS, l l Rich And 1388. —Archbishop York, and others. [94
was not done, and that the default him rison the crown, and the subversion the who was the principal officer minister. ”— pleas and courts the king, and his laws. ”
this being not very ma —To this the Judgment was, The king awards
that those Charters repealed.
Item, “Whereas Ordinance made
the last parliament, that 10,000 marks should pended according certain form demanded raised the relief the city Gaunt, yet the said Commons, and assented the the default the said late Chancellor the king and lords, and not otherwise; yet the said city Gaunt was lost, and also thou monies thence arising were expended ano sand marks the said money. ” (b) The sum ther manner, that the Sea was not guarded of the earl's Answers the rest these Ar ticles, were either denying some them,
The earl's Answer
terial,
omitted. Item, “Whereas
Tax was granted
the Commons the last parliament ex
was ordered have been whence many
inischiefs have already happened, and more are like to ensue to realm, and this
the default of the said Lord Chancellor"—
This Article the earl denied, and does not appear that was proved.
confessing and excusing others; but for
that he was soon after cast into the castle of Windsor, and his lands, which were
small revenue, confiscated.
Neither did the Parliament stop here, but provide further for the whole state, they did the unanimous consent the king, pre
Item, “Whereas one Tydeman Lim
burgh having had granted him and
heirs gift 50l. per annum the king's lates, barons, and commons, constitute and grand-father, out the Customs Kingston give plenary and absolute power certain Com
upon Hull, which the said Tydeman had for missioners well the spiritualty the feited the king, that the payment the temporalty for the ordering and disposing said 50l. per annum was discontinued for the public affairs, according them should years and upwards; yet the said Chancellor seem best and most necessary for the despe knowing the premises, purchased him and rate estate the Commonwealth, depress his heirs of the said Tydeman, the said 50l. civil dissensions, and pacify and appease per annum, and prevailed with the king the grudgings the people.
confirm the said purchase, whereas the king These (c) Commissioners were number, ought have had the whole profit. ”—For this and were follows; Of the Spritualty; Purchase the said earl was adjudged make William Courtney archbishop Canterbury. fine and ransom, and the said 50l. were Alexander Nevil York.
io
the king and his heirs, with the manor Thomas Arundel bishop Ely, lately made Floxdete, aud ten marks rent, which were Chancellor England. wiła, Wickham
exchanged for the 50l. per annum out the bishop Winchester. customs profits, with the issues asoresaid. Hereford, lord treasurer. “And whereas the master St. Anthony ingham bishop Exeter.
schismatic, and for that cause the king ought have the revenues (being the value 400 marks yearly) which appertain him England; the said late Chancellor, who
John Gilbert bishop Thomas Brent Nicholas abbot the privy seal.
ought advance and procure the profit the cles abovementioned were fully proved, that king, took farm the said profits marks the earl could not deny them; insomuch that
per annum, and got his own use above when stood upon his Defence, had nothing 300 marks; and afterwards when the true say himself; whereupon the king blushing
master nominated the Pope, ought have for him, shook his head and said, ‘Alas, alas, had the possession and livery the said pro Michael, see what thou hast done. ’
fits, could not obtain the same, till . . an. d (c) The Commission, which among the two persons with him became bound Parliament Rolls, Rd. part men
nizance chancery 3,000l. pay y
y tions but eleven Conmissioners, omitting the rl
Waltham, lord keeper
—Of the Laity. Edmond Langley duke of,
ea
the said Chancellor, and his son, John bishops Ely and Hereford, and was sub
100l. per annum for the term their two stance follows: That the king his own lives. ”—As this, adjudged, that the king free-will, and the request his Lords and shall have all the Profits belonging the said Commons had changed the Great Officers
master St. Anthony's the time purchase; and that for the recognizance,
the
the crown abovementioned, for the good go vernment the kingdom, the good and due execution the laws, and relief his own
archbishop Canterbury, Alexander arch
bishop York, Edmund duke York, and
made, the said earl shall awarded prison,
and fined and ransomed the pleasure the king.
Item, “That the time the late Chancellor, there were granted and made
state, and ease his people; and had ap pointed eleven Countuissioners, viz. William
vers charters, and patents pardon for mur Thomas duke Gloucester (the king's uncles,) ders, treasons, felonies, &c. against the laws William bishop Winchester, Thomas bishop of the land; and that before the commence Exeter, Nicholas abbot Waltham, Richard ment this present parliament, there was earl Arundel, John lord Cobham, Richard made and sealed charter of certain Fran Scrope and John Devereux, great
chises granted the castle Dover, dishe and continual Council one year next com
(b) Walsingham relates, that these Arti
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95] STATE TRIALS, 11 Richard 1388. -Proceedings against the [96
York.
Thomas Woodstockduke Glou with others that party; and accordingly cester. 10, Richard earl Arundel. 11, John they conspired together with Alexander arch
lord Cobham. 12, ltichard lord Scrope. 13, John bishop York, and Nicholas Brambre, Devereux, knight. devise means how they might dispatch the
These, men eminent virtue, were cho said lords; and for that purpose wrote letters sen the general suffrage, and confirmed the king France aid and assist them the king under the great seal; and sworn seizing the said lords, and further prevailed carry themselves dutiful and obedient sub with the judges declare the said lords guilty
High-Treason for procuring the said late statutes. —But the said duke Glocester, and the earls Arundel and Warwick, seeing the heap ills that daily did arise the practices
those conspirators, set almost every part the kingdom Intelligencers, who should ap prehend messengers, and intercept letters,
the said Michael Pole, with others his come bave intelligence the whole Plot confederates, being moved with implacable the Conspirators, their Letters being in fury against the late Statute, buzzed into the dorsed, ‘Glory God High, Earth king's ears, that the statutes lately enacted Peace and Good Will towards Men and
jects their actions: and was farther enacted, “That any should refuse disobe the Ordinances made for the public good, the punishment for the first offence should
the confiscation his goods, and for the
things being disposed for the best, the Parliament
second the loss his life. ' Thus
was dissolved, [20 Nov. 1386] and every man which went under the king's name, and send returned his own home. —Soon after [1887] them the Commissioners And thus did they
the honour his coming the knowledge each circumstance, his princely preroga they found that the kingdom was the point
were very prejudicial
srown, and derogatory
tive; that they were
but rather resembled the shadow one and Remedy, for the law nature lawful earnestly moved the king against the other repel violence violence; every man ac lords, and disarnul that was done the cording his ability levied power for the
force was king, destruction, wherefore they sought for
late parliament. The king gave credit these preservation the king and kingdom; part
tales, and therefore had the lords
great jea which forces being committed the earl
lousy; but Suffolk out
large: notwithstanding Suffolk, the duke Ire land, and Robert Tresilian lord chief justice,
Arundel, marched away night, and
pitched his tents near London; and the
mean time used such discipline his camp,
that lacked nothing, but things were sold reasonable rates as had been market.
On the other side, the Conspirators intend ing prevent their purpose, caused
proclaimed throughout the city London,
suffered him which the said earl
released Michael the castle
Pole earl Windsor, and
doubtful their own safeguards, did what they
could move the king forward the destruc
tion the duke Glocester, the earls
Arundel, Warwick, Derby, and Nottingham, ‘That none should upon pain the forfeiture
their goods, either sell, give, ing, after the date these letters patent: nicate any necessaries the army
commu
the earl Rebels
which gave them power survey and exa Arundel, but should treat them
amine all his Officers, Courts, Household, and the king and country. ” Further, they coun the Government the whole kingdom, re selled the king absent himself from the Par ceive his Revenue, also Subsidies, liament (which was begin Candlemas Taxes, and other Payments; wilat they next, according the king and Commissioners would the kingdom, and amend things had appointed unless the duke Glocester, according their discretions. And these the earls of Arundel and Warwick, and the powers were given any six them, with his rest the Commissioners would swear, “That three great officers, willing, that any differ neither they nor any their name should ac
ence opinion should happen between his cuse them,
Councellors and those officers, that the matter them. ”
should determined the major part viz. the duke
them; commanding and charging prelates, del and Warwick, having muster'd their troops dukes, earls, barons, the steward, treasurer, the 14th November the same year and comptroller his household, the justices [1388] Waltham-Cross the county
said councellors and othcers, often and duke Ireland, the earl Suffolk, Robert what manner they should direct. Dated Tresilian and Nicholas Brambre, wherein they Westminster the 19th day November. ” Upon accused them High-Treason; which their
one bench the other, and other his jus Hertford, sent for the Commissioners that were tices whatsoever, barons and chamberlains Westminster parliament, and sent the the exchequer, sheriffs, escheators, mayors, archbishop Canterbury, the lord John Lovel, bailiffs, and other his officers, ministers, and lord Cobham, and sir John Devereux, with an lieges whatsoever, that they should attend Accusation writing against the aforesaid ing, obedient, counselling and assisting the Conspirators, viz. the archbishop York, the
this Commission whole recited Statute Book,
Statute was nade, and the Appellation they did offer maintain, and which may seen the that they were willing prosecute the same,
Rich. cap. and prove true; they caused also
urge any Accusation against the mean time, the three noblemen,
Glocester, and the earls Arun
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97] STATE TRIALS, 11 Richard 1388. -Archbishop York, and others. [9s
the rest of the Commissioners subscribe as the aforesaid lords again appealed (e) the parties—to their Appellation. When these archbishop, the duke Ireland, the earl things came the ears the king, sent Suffolk, Robert Tresilian that false justice, and unto them requiring know what their request Nicholas Brambre that disloyal knight (f) (for
was, and what they wished have done they termed them) High-Treason, accord They returned answer thus, ‘That they did ing they had done before Waltham Cross; desire, that the Traitors which were always and prove their accusations true, about him filling ears with false reports, they threw down their gloves, protesting
and daily committed insufferable crimes and their oaths prosecute battle Nay,’ injuries, might rewarded with condign pu saith the king, “not but the next parlia nishment; for were better some few should ment, which we appoint beforehand be
the morrow after the Purification of our ady, both they and you appearing shall re
the archbishop Canterbury, and bishop
Ely, lord chancellor, sent them, willing them doth appoint. ” And finally, was concluded
come him Westminster the Sunday they should meet together the next par then next following; which the lords would liament, and each one receive according
not agree to, till the lord chancellor, with di justice; and the mean time the king com
die for the people, than the whole nation should perish. ” The king being advised
ceive according law that which reason
vers other noblemen good credit, had under taken upon their oaths the king's behalf, that fraud, deceit, peril evil pretence should put practice against them, where
they might come loss life, limbs, goods, otherwise, through the king's means.
manded them upon their honours, not any party molest the other until the next parliament.
the mean time the earl Suffolk fled Calais, and the archbp. York (g) fled along with the bishop Durham, was not known whither; and the duke Ireland going into
When therefore the lords were ready ac Cheshire, Lancashire and Wales, raised forces
cording covenant come Westminster, withstand the Appellants, (to whom were
they were secretly advertised that there was now joined the earls Derby and Nottingham) ambush laid place called the Mews, with which forces he marched towards Lon.
and they staid and came not the ap don; but meeting with the Appellants forces pointed hour: whereupon when the king de Ratcote-bridge near Chipping-Norton
manded ‘how fortuned that the lords kept not Oxfordshire, was stopt march, and their promise; the bishop Ely made answer, his men revolting from him, was constrained
save himself flight swimming cross the river Thames (h).
because there an ambush of thousand
armed men more laid such place (and
named contrary covenant,' and “there
fore they neither come, nor hold you for faith king's name. caused the gates the city
your word. ' The king hearing this was London shut against the Appellants, and astonished, and said with oath, that guarded with sufficient watch never knew such thing;' and withal sent the theless the lords Appellants marched towards sheriffs London, commanding them
†Mews, upon they
London confer with the king but when they heard that Nicholas Brambre had caused the gates the City shut against them, they encamped
the
any force
and search made found men there assembled, take and
they lay could
themselves the 27th Dec. Clerkenwell, and sent two knights and two
hands but Nicholas
Brambre, who had indeed assembled such
number men, when they understood what
order the king had given therein, sent their men back to London. -
such
Thomas Trivet (d) and
esquires the mayor and aldermen London desire entrance then came the mayor London [sir Nicholas Exton] and certain
the chief citizens, and brought the keys the The Lords after this receiving Safe-Con City with them, and submitted themselves
duct from the king, and perceiving
safe and clear, came Westminster with (e) All Appeals Treason parliament gallant troop gentlemen; and entering the are since taken away 14. Bract. Hall, soon they had sight the king 119. Co. Instit. 132. See Proceedings
(who was seated throne apparelled his kingly robes, with his sceptre his hand) made him their humble obeisance, and went till they came the nether steps going
the king's seat state, where they made
against earl Clarendon, post.
He, together with Walworth the mayor,
and other aldermen, was knighted for his ser– vices against Wat Tyler.
(g) He was afterwards translated Pope Urban the see St. Andrews Scot
their second obeisance, and then the king gave
them countenance come nearer him; land; but the kingdom being under obedience
and they did, kneeling down before him: the Anti-Pope, the translation was no and forthwith rose from his place, and lov service him, that he was constrained
ingly welcoming them, took each them the hand, and then sat him down again; when
(d) He was afterwards killed fall from his horse.
YQL.
parish priest Lovain, where conti nued three years, till the time his death.
(h) He afterwards got into Holland, from whence went Lovain, where 1393, was slain hunting wild boar.
On the other side, Nicholas Brambre, the
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99] . STATE TRIALS, 11 Rich ARD 1388. —Proceedings against the [100
the lords, and offered them entrance into their found. —Shortly after, that say, the City with their people their pleasures. — morrow after Candlemas-day, the Parliament The next day there pened Interview began; and the first day, the joint consent
between the king and Appellants far, that they opened their minds one another
but because the king was loth speak them
before such rabble men, and on the other John Holt, Wm. Burleigh, and John Loc side refused out the Tower speak ton, the king's Serjeant Law,) (except
with them, and the Appellants feared some Wm. Skipworth, who had been hindered violence wrong offered them, they sickness from being along with the other
would not into the Tower without strong Judges, when the Commissioners were de
first
and confer with the king, but sent well armed
valiant warriors; therefore the most clared guilty High-Treason, and Tresilian
guard wise
resolved
othey strong troop Tower, and there kept separate places.
search
came and sat down on his throne; and after ates and placing guard, they appeared be him the five noblemen Appellants (the fame
the Appellants after divers consultations
who was fled) who were immediately displac from their Offices, and sent prisoners the
the corners and caves the Tower,
with selected band of valiant cava Westminster, [Feb. 3. . ] the king soon after
and relation being made the safety the temporalty being assembled the great ball
iers, they Tower, seizing entered the and
the
fore the king, who was set pavillion richly whose aduired worth echoed through the nrrayed; and after their humble salutations land) entered the house their costly robes,
done, they third time appealed the aforesaid Conspirators the same sort and form afore which Appellation being ended, the
king swore that would justice far the rule law, reason and equity did require. —These things being accomplished, they de
leading one another hand hand, with in numerable company following them and be holding where the king sat, they once with
submissive gestures reverenced the king. The Hall was full spectators, that the very roofs were covered with them but amongst this infinite multitude there could not be found any the Conspirators; Brambre, who had
the Commissioners, were arrested sitting
their places, the Justices Roger Ful thorp, Robert Belknap, John Carey,
All the Peers well the spirituality the
parted from the Tower their own homes;
and then was published the presence
the king, and throughout his dominions, That attempted flee away, had been taken little on the morrow after Candlemas-day, par before, and was cast into Glocester goal. —The liament (i) should held, and the aforesaid Clergy then placing themselves the right Conspirators should personally appear there hand, and the nobility the left-hand the answer the Appellation whereby they were king, according the ancient custom the charged with many Treasons. —In the mean high Court Parliament, the Lord Chancellor while the king, consent the said Com standing with his back towards the king, the missioners and Appellants, issued out several king's command declared the cause their sum
(k) Orders for apprehending and seizing mons parliament; which was consider
all suspected folks, and for keeping them what means the distraction the realm, throug safe custody till the parliament should assem evil management, might for the future coin ble accordingly divers Officers the House posed, the king better advised, the nation bet hold were expelled their office, and together ter governed, misdemeanors more severely pu
nished, and good men more encouraged how the kingdom also might best defended, the sea best kept, the marches Scotland securel
John Salisbury, and divers others; and there guarded, Guyenne preserved, and lastly how was also taken sir Nicholas Brambre, but the charges these things may most easily be found surety for his forth-coming; but the borne; and then gave notice that whoever duke Ireland, archbishop York, earl
Suffolk, and Robert Tresilian were where
(i) See the King's Order the sheriff
Kent for proclaiming and summoning the
Conspirators appear dated 4th Jan.
with several others apprehended
g.
ted prison, viz,
Elman, John Beauchamp, Tho. Trivet,
and commit Burleigh, Wm.
1388. Rym. Foed. tom. vii. 567. The like pellation the mouth Robert
order the sheriffs throughout England, their Speaker, who thus spoke: ‘Behold the
the same date. Ibid.
(k) See Warrant directed the constable Treasons which are laid his charge by the
Gloucester castle, taking into custody Conspirators. ’ To whom the Lord Chancellor Robert Tresilian and Nicholas Brainbre, dated the king's commandment answered “M 4th Jan. 1388. Ryn. Foed. ton). vii. 566. lord duke, the king conceiveth honourably See likewise another Warrant the same date,
directed the constable Dover castle, and warden the Cinque-ports, for keeping
custody and apart several others accused the Lords. Ibid.
you, that cannot induced believe
would complain parliament could not well redressed
such things the common the Clerk
law, might carry their Petitions Chaucery, there named and appointed
receive them. Which being ended, the afore said five Appellants arising, declared their Ap
luke Gloucester comes purge himself
that you, who are affinity him colla teral line, should attempt any Treason against
his majesty. ’ The duke, with his four com panions upon their knees, humbly gave thanks
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101) STATE TRIALS, 11 Richard 1388–Archbishop York, others. [102
the king for his gracious opinion their fide great lords, and his liege people, and the fa lity. —The lords, spiritual and temporal there vours and rights which they requested his
present then claimed their liberty and fran chise, that great matters moved that par liament, and moved other parliaments
time come touching the peers the land,
answer, were not
pleasure and allowance, staying the king from his duty, and his oath, and turn
ing the hearts the lords from should discussed and judged the course with design estrange his heart from the
parliament, and not the law civil,
the common law of the land used the inferior
courts the kingdom; which claim, liberty
and franchise, the king allowed and granted full parliament.
after silence proclaimed the Appel lants arose, and accused the aforesaid Con spirators High-Treason, and delivered certain Articles writing, wherein were con tained the particularities their Treasons; which were follow
“That as false traitors and enemies to the king and kingdom, taking advantage his tender age, and the innocency his person, they informed, and put upon him truth divers false things their own invention, against loyalty and good faith, and made hun intirely their own; that they had his love, firin faith and credit, while hated and suspected his loyal lords and lieges, whom
ought have been governed That these false Traitors had encroached themselves
royal power, enslaving the king, blemishing sovereignty, and lessening prerogative and royalty; and made him obedient their
will, that was sworn governed, coun
selled and conducted them virtue which oath they kept him obedience their false imaginations and mischievous deeds con tained the following articles.
“Also whereas the king not bound take any oath, but the day his corona tion, for the common profit himself and kingdom, the aforesaid Alexander, Robert, and
peers the land, have amongst them the sole government the kingdom.
Michael, false Traitors and enemies the
king and realm, inade him swear, and assure
them, that would maintain, support, and
live and die with them; and also whereas the
king ought more free condition than
any other his kingdom, they have put him
more servitude than any one, against his teenths, and other Taxes granted divers
honour, estate and royalty, against their lige ance, traitors him.
Also the said Robert, Michael, and Alexander, the assent and counsel Ro bert Tresilian that false justice, and Nicholas Brambre that false knight London, their wicked contrivance would not permit the great men the kingdom, nor good counsellors, come near the king, nor would suffer him speak then unless their presence and hearing, encroaching themselves royal power, lordship and sovereignty over the person the king, the great dishonour and peril the king, the crown and his realm.
Also the aforesaid Alexander, Robert Vere, Michael Pole, Robert Tresilian,
and Nicholas Brambre, their false wick edness evilly advised the king, that his per sonal presence which ought make the
parliaments safeguard amounted
expended defence and the kingdom, and otherwise, which
bert
Also the said Encroachment Ro Vere, duke Ireland, and Michael
Pole, with the Advice and Counsel Alexander archbishop York, they caused the
king without assent the kingdom, their abetments, without any deserts the persons,
give divers lordships, castles, towns and ma nors well annexed his crown others,
the whole realm Ireland, the town Oke ham, and the forest thereof, and the lands which were the lord Audley's and other great estates, the said Robert Vere, and others, whereby they were mightily enriched, and the king became poor, that had not where with support and bear the charges the kingdom, unless imposition, taxes, and tri
butes put upon people, disherison his crown, and the undoing the realm.
Also the Encroachment the said Alexander, Robert, and Michael, the assent and advice of the aforesaid Robert Tresilian
and Nicholas Brambre, they caused the king give divers lands, manors, tenements, rents,
“Also Robert Vere, Michael
Pole, Alexander archbishop York, with the rest the persons above-named, assent and counsel the said Nicholas Brambre, &c. encroaching themselves royal power, caused the king give very great sums gold and silver well his own goods and jewels the treasure the kingdom, besides Tenths, Fif
the sum of one hundred thousand marks and more, the said Robert, and
ordinances and parliament,
made and ordained
the kingdom,
injury the king and kingdom.
obtained but their
o:
great him,
offices and bailiwicks people their kin dred and other persons whom they received great bribes; and also make them their party their false quarrels and purposes,
the case sir Robert Mansel, clerk, John Blake, Thomas Usk, and others, the destruc tion the king and kingdom. -
! ".
well for the wars defence
others. And further they caused many good
interrupted, the great
Also the said Encroachment and
great Bribes taken the said Robert, Michael,
and Alexander, divers not sufficient nor had
the guard and government divers lordships,
castles and countries, Guyenne and else
where, well this side beyond the sea
whereby the people and countries those
territories being loyal the king, for the most part were destroyed, and great dominions
iate rendered into the hands and possession
of of
;
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103]
STATE TRIALS, 11 Richard 1388. -Proceedings against the [104
the enemy, without assent the realm, which 13. “Also, The aforesaid Alexander, Ro were never the hands the enemy since bert, Michael, Nicholas, &c. traitors the the conquest them; also the marches king and kingdom, took great bribes many
Scotland, and otherwhere, disherison the crown, and great injury the realm;
the case Harpeden, Craddock, and others.
cases the name the king for maintainance quarrels, suits; and once took bribes
both sides parties.
“Also the Encroachment the afore 14. “Also, These five caused some lords
said Alexander, Robert, Michael, Robert and and others, loyal lieges, put out the Nicholas, divers people have been hindered king's council; they dared not speak the benefit the common law England, parliament about the good government
and put great delays, losses and costs; while the king's person kingdom.
statutes and judgments justly made upon ne cessary causes parliament have been re
15. “Also, Whereas the last parliament the lords, sages and commons there assem bled, seeing the imminent ruin the king and
versed and annulled the procurement the said misdoers, and traitors, and this
son the large bribes them extorted, the great prejudice the kingdom.
10. “Also the five aforesaid, encroaching
themselves royal power, false traitors
king and kingdom, caused and councelled the with his royal power, was then shipped ready king grant Charters pardon for horrible have landed England, have destroyed felonies and treasons, well against the state the kingdom and language thereof, and there
the king, the party, against the law and was no Ordinance then made, care taken oath the king. for the safety the king and kingdom they 11. “Also, Whereas the great lordship and knew other remedy than shew the king
land Ireland hath been beyond memory fully how was ill-governed, led and coun parcel the crown England, and the people selled the traitors and doers aforesaid; thereof for that time have been the king's requiring him most bumbly, his loyal lieges, leiges without any mesne lord, him and his for the safety him and his whole realin, royal progenitors, and our lord and his noble and for avoiding the perils aforesaid; re progenitors kings England have their move from his presence the said evil-doers and charters, writs, letters and patents, and also traitors, and not any thing after their ad under their seals, augmentation their vice, but according the counsel the loyal names and royalty, styled themselves lords and discreet sages the realm and hereupon Ireland the aforesaid Robert, duke Ireland, the said traitors and evil-doers, seeing the good
Alexander, and Michael, &c. false traitors and honourable opinion the parliament,
the king the said encroachment, gave undo this good purpose their false counsel, advice that the king, much was him, caused the king command the mayor Lon
had granted that Robert Vere should don kill and put death the said lords king Ireland: and accomplish this wicked and commons, except such were their purpose, the aforesaid traitors counselled and party; the doing whereof, these great traitors excited the king send letters the pope and evil-doers should have been parties, and ratify and confirm their traitorous intention, present, the undoing the king and the without the knowledge and assent the king kingdom.
rea kingdom the perils and mischiefs aforesaid, and for that the king had forsaken the council
the kingdom, and holden himself altogether
the council the said five evil doers and the traitors; and also for that the king France,
dom England, land Ireland, parting 16. Also, That those five Traitors above the king's liegance respect both nations, mentioned, when the mayor and good people
decrease the honourable King, and open disherison
England, and full destruction and the nation of Ireland.
name the London utterly refused the presence
his crown the king murder the lords and commons;
loyal leiges they their said traiterous accroachment
falsely counselled the king, and prevailed with him leave the parliament for many days, and caused him certify that would not come
12. “Also, Whereas the Great Charter and
other good laws and usages the kingdom,
man ought taken, put prison, death
without due process law, the aforesaid Nich. commons concerning the business the king
Brambre, false knight
some approvers the case felony, and some taken and imprisoned there upon suspicion
felony; and led them into Kent place called the Foul Oak, and there encroaching himself royal power traitor the king,
London, took night dom, for any peril, ruin mischief the prison Newgate, that might happen any ways
the number 22; realm, were not first assured
some debtors and others accused felony, and and commons, that they would not speak nor
certain persons out chaplains, and others,
whatsoever him, the
and without warrant all their heads appealed felony
suffered large
cient Ordinances and Libert-s
17. Also, The said lords and commons,
process law, caused cut off but one, who was
approver, and him the same time.
against parliaments.
the parliament, nor treat with the lords and
that parliament any thing against any the misdoers, saving that they might proceed the process, which was then commenced
#. Michael Pole,
the great ruin
king kingdom,
the and and
the an
after they understood that the king's mind (through the wicked excitation and counsel
the lords
to of
go to
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105] STATE TRIALS, 11 Richard 1388. —Archbishop York, and others. [106
the said five, &c. above-mentioned) was such, 21. Also, bring about their traiterous that would not suffer any thing com purposes, the said five caused the king menced, pursued done against the said evil into several other parts the kingdom for some
time; whereby the lords assigned the said Ordinances, Statute and Commission could not advise with him about the business of the
how the estate the king and his Ordinances, Statute and Commission were de
doers, that they durst not speak proceed against the king's will; upon consideration
the former counsel and advice of the lords and
#.
royalty might best saved against the perils and mischiefs aforesaid, knew not how find out any other remedy than ordain, That
justices, with other sages and commons par kingdom; the purport and effect the
twelve (1) loyal lords the land should
the king's council for one year, and that there should made such commission and statute,
power ordain, according justice Chester, o deputies &c. 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.
of
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toofby of|ofbeofII.
by of
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.
that
their owne will and pleasures. 18. Also without which there no saluation. We
are bounden get their liuing the labour (a) This article peraduenture was not
the said conclusions and assertions, being the presence vs, and our fellow brethren and other conuocates, openly expounded, and dili
gently examined, were the cnd found common counsell and consent as well of them
vs, and declared that some those
conclusions were hereticall, and some them G
straitly ment him was gathered as aforesaid.
(b) This article expoundeth the aboue. -
WOL.
them, article
I.
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to a
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toof to oror
all
83] STATE TRIALS, 6 Richard
erroneous, and repugnant the determination the Church, hereunder are described.
1383. —Proceedings against '[S4
great company babling friers, and religious persons were gathered together consult
We will and command your brotherhood and touching Iohn Wicklities books, and that whole vertue holy obedience straitly imioine sect; when say, they were gathered to and singular our brethren, and suffragans our gether the gray friers London, begin
bodie and Church Canturburie, that with all their businesse, vpon saint Dunstans day after
speedie diligence you possibly can you like dinner, about two the clocke, the very houre
wise entoine them (as wee haue enioined you) and instant that they should goe forwald with and eucrie of them. And that euerie one of their businesse, wonderfull and terrible earth them their Churches and other places quake fell throughout England whereupon their citie and diocesse, doe admonish and diuers the suffragans, being feared the warne, and that you, your Church and strange and wonderfull demonstration, doubting other Churches your citie and dioces doe what should meane, thought good leaue admonish and warne, we the tenor off from their determinate purpose. But the these presents doe admonish and warne the archbishop (as chiefe captaine that army, first time, the second time, and the third time; more rash and bold than wise) interpreting the and yet luore straitly doe warne, assigning for chance which had happened cleane contrary the first admonition one day, for the second another meaning purpose, did confirme and admonition another day, and for the third ad strengthen their hearts and minds, which were monition canonicall and peremptorie, another almost daunted with feare, stoutly proceede day; That no man from henceforth what and goe forward their attempted enterprise. estate condition soeuer, doe hold, preach, Who then discoursing Wicklistes articles, nut or defend the foresaid heresies and errors or according vnto the Sacred Canons the holy any them; nor that admit preach any Scripture, but vnto their owne priuste affec one that prohibited not sent preach, tions and traditions, pronounced and gaue sen nor that he heare or hearken the heresies or tence, that some them were simply and plainely errors him any them, that hee fauour hereticall, other some halfe erroneous, other
leane vinto him either publikely priuily; irreligious, some seditious, and not consonaut but that immediately hee shun him, would the Church Rome. —Item, the twelfth day auoid serpent putting forth most pestiferous June, the yeere aforesaid, the chamber
poison, vinder paine the greater curse, the the sriers preachers, the foresaid master Robert
which wee command bee thundered against Rigge, Chancellor the Vniuersitie Oxford, . . all and euerie one which shall disobedient and Thomas Brightwell professors diuinitie this behalfc, and not regarding these our (being appointed the same day and place, monitions, after that those three daies past the foresaid reuerend father God archbishop
which are assigned for the canonicall moni Canturburie) appeared before him the pre tion, and that their delay, fault offence sence the reuerend father God, lord William
committed require the same: And then accord the grace God bishop Winchester and ing the tenour these writings, we com diuers other doctors and bachelors of diuinitie
mand both euerie one our fellow bre and the canon ciuill and law, whose names are theren and our suffragans their cities and before recited. And first the said Chancellor dioces, and you your citie and diocesse the said lord Archbishop Canturbury, (so much belongeth both you and them) being examined what his opinion was touching
that the vttermost both and they cause
the foresaid articles, publikely affirmed and de clared, that certain of those conclusions were hereticall, and certaine erroneous, the other doctors and clerkes afore mentioned had de
clared. And then immediately next aster him, the foresaid Thomas Brightwell was examined, which vpon soune the conclusions first somewhat staggered, but the end, being the said Archbishop diligently examined vpon the same, did affirme and repute the same
pronounced. And furthermore wee will and command our
the same excommunications
foresaid fellow bretheren, and and singular you apart your selues, bee admonished
and the aspersion the blood Iesus Christ wee likewise admonish you; that according
the institution the Sacred Canons, eueryone
them their cities and dioces, bee diligent
inquisitor this hereticall prauitie; and that
euery one you also your cities and dioces bee hereticall and erroneous, the foresaid bec the like inquisitor the foresaid hereticall Chancellor had done. Another Bachelor
Prauitie: And that such like presumption Diuinitie also there was named N. staminering they and you carefully, and diligently inquire, also some those conclusions, but the
ligion.
the other doctors diuinitie, and lawyers with William the grace God archbishop -
and that both they and you (according your end affirmed that his opinion therein was, duties and office this behalfe) with effect doe was the iudgement the foresaid Chancellor proceede against the same, the honour and and Thomas aboue declared. Whereupon, praise his name that was crucified, and for the said lord Archbishop Canturbury, will the preseruation
the Christian faith and re ing and hinder the perill such herestes and errours, deliuered vnto the foresaid Chan passed ouer the great mira cellour, there being publikely read, his letters
IIere not
cle Gods diuine admonition warning; for patents executed, the tenor whereof when the archbishop and suffragans, with these words doth follow.
of
of
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in of: to
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to
in or
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as is of
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to
of be of in
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of
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or to
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of
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of as of as
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it to
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as oftoby
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to
by
. . .
85] STATE TRIALS, 6 Rich ARD
Canturburie, primate Fngland, and legate the apostolicall Sea: To our welbeloued
1383. −John Wickliffe, for Heresy. [86
shall incurre the sentence this instrument sent forth (which God forbid) wee specially
sonne Christ the Chancellor the Vminer rescrue vinto our sellies: exhorting you the sitie Oxford, within the diocesse Lincolne, Chancellor the aspersion the blood greeting, grace, and benediction. The prelats Iesus Christ, that the vttermost your
the Church, about the Lords flocke commit power hereafter you doe your endeauour, that ted their charge, ought much more the clergie and people being subject vinto you, vigilant that they see the Woolfe, clothed there bee any which haue straied from the sheeps attire, fraudulently about worrie catholike faith such errours, may bee brought and scatter the sheepe. Doubtlesse, the com home againe the laud and honour his mon fame and brute come vnto our eares, name that was crucified, and preseruation
&c. mandato praecedenti. Wee will therefore and command, straitly inioyning you, that the Church of our blessed Ladie Ox
the true faith. And further our will that whatsoeuer you shall doe the premises, manner and forme our processe this be halfe had and done and that you for your
ford, vpon those daies the which accustoma
be the sermon made, also the schooles part, when you shall required thereunto,
the said Vniuersitie vpon those daies the lainely and distinctly doe certifie your Lectures bee read, yee publish and cause etters patents, hauing the tenour hereof.
others bee published the clergie and peo The archbishop not yet contented with this, ple, well their vulgar tongue, the La doth moreouer meanes possible solicite time tongue, manifestly and plainely without the king ioyne withall the power his tem any curious implication, the same hereticall and porall sword; for that hee well perceiued, that erroneous conclusions, repugnant the de hitherto yet the popish clergie had not au termination holy Church, aforesaid;
haue beene and condemned which conclu sions wee also declare these our letters bee vtterly condemned. And that furthermore you forbid, and canonically admonish and cause
bee admonished, wee the tenour these presents doe forbid and admonish you, once, twice, and thrice, and that perenptorily
that none hereafter hold, teach, and preach, defend the heresies and errors abouesaid, any
the either schoole out schoole any sophisticall cauillation otherwise: that any admit preach, here hearken vnto Iohn Wickliffe, Nicholas Herford, Philip Rep
ington, canon regular, Iohn Ashton,
thoritie sufficient, any publike law statute this land, proceede vnto death against any person whatsoeuer, case religion, but onely
Poe
notoriously suspected heresie, else any
doe their realmes what they will) else per
Redman,
vehemently which and
haps inticed gathered
clergy,
was content
adioyne
other whatsoeuer,
that either priuately
aide fauour them
incontinently they shun and auoide the same
the
his priuat assent (such was) the setting
downe an ordinance, which was indeed the
very first law that bee found made against
religion and the professours thereof, bearing the
name act made the parliament holden Westminster, anno Rich. where among
sundry other statutes then published, and yet remaining the printed bookes statutes, this supposed statute bee found, cap. vlti
suspected defamed publikely they either any them, but that
Serpent which putteth forth most pestiferous poyson. And furthermore we suspend the said suspected persons from scholasticall act, till such time they shall purge themselues before
that behalfe: and that you denounce the mo, followeth.
same publikely haue beene and sus pended; and that yec diligently and faithfully
enquire their fautors and fauourers, and cause bee enquired throughout the halls
Item, forsomuch openly known that there diuers euill persons within the realin, going from county county, and from towne
towne, certaine habits vinder dissimulation
great holinesse, and without the licence
the ordinarics the places, other sufficient au thoritie, preaching daily not onely Churches and Church-yards, but also markets, faires, and other open places where great congrega
tion people diuers sermons containing heresies and notorious errors, the great emi blennishing Christian faith and destruction
the said Vniuersitie. And that when you
shall haue intelligence
sons, that compell
absure their outrages
and other paines canonicall whatsoeuer, vinder paine the greater curse, the which against
and singular the rebellious this behalfe, and disobeying our monitions, wee pronounce
that their fault, deceit, and offence
halfe deserue thc sanie (the said monition
their names and per and euerie them
ecclesiasticall censures
this be ours esteeme
lHoly Church, the people, and more plainely found, and sufficiently prooned before the
being first sent) which this behaise
and allow canonicall, that then and againe
according the effect these our letters, &c.
The absolution and singular such, which turbury, and the bishops and other prelats,
the vsurped tyranny and example the
court Rome. Where note (gentle reader) for thy better vnderstanding, the practice the Ronnish prelats seeking the king's helpe further their bloody purpose against the good saints God. Which king being but young, and vnder yeeres ripe iudgement, partly in duced, rather seduced importune sute
the foresaid archbishop, partly also either for feare the bishops (for kings cannot alwayes
some hope subsidie be
the lawes, and the great perill
the estate
the soules England,
the realme
reuerend father God the alchbishop Can
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asto
s? ] STATE TRIALs, 6 Richard
masters diuinitie, and doctors canon and ciuill law, and great part the clergy
the said realine, specially assembled for this
great cause which persons doe also preach di them.
[ss
uers matters slander, ingender discord and dissention betwixt diuers estates of the said
Besides also, what manner law this was, whom deuised, and what authority the same was first made and established, iudge by
that that followeth viz. following, the Utas Saint Michael next
well spirituall temporall, exci the people the great perill the which preachers being cited sum
realme,
ting
realme
moned before the ordinaries the places, there
parliament summoned and holden West minster, the sixth yeere the said king, among
answer that wherof they impeached,
they will not obey their summons and com
mandeinents, nor care not for their monitions mons, whereunto hee assented, there none nor censures the Holy Church, but expresly
despise them and moreouer, their subtile
and ingenious words, doe draw the people
heare their sermons, and doe maintaine them words: ordained this present parliament,
their errors strong hand, and great that commissions from the king bee directed routs: ordained and assented this pre the shirisfies and other ministers of the king,
other sufficient persons skilfull, and according the certificats the prelats thereof, bee
made vnto the Chancery from time time, other sufficient persons learned, and according arrest such preachers, and their fautors,
sent parliament, that the king's commissions bee made and directed the sheriffs and other
ministers our soueraigne lord the king,
the certifications the prelats thereof,
bee made the Chancery from time time, arrest such preachers, and also their fau tors, maintainers and abetters, and hold them arrest and strong prison, till they will iustifie
themselues according the law and reason Holy Chu, ch. And the king willeth and com mandeth, that the Chancellor make such com
1383–Proceeding against
further without either the words, meaning the said statute,
reasonable imprison, then their owne houses, where else pleased
sundery petitions inade the king coin
this forme, article 52.
Item, prayen the commons, that whereas
estatute was made the last parlament these
maintainers and abetters; and them detaine
strong prison, vintill they will iustifie them selues according reason, and law Holy
Church; and the king willeth and commandeth that the Chancellor make such commissions
times, shall the prelats any them certified, and thereof required, afore said. The which was neuer agreed nor granted
the commons; but whatsoeuer was mooued and thereof re therein, was without their assent: that the said statute be therefore disannulled. For not
missions times, that hee any then shall certific quired, aforesaid.
the prelats,
An Examination the foresaid supposed Statute, and the inualidity thereof—Which
any wise their meaning, that either themselues, such shall succeede them, shall bee further iustified bound the prelats, than were
supposed statute forasmuch was the prin
cipall ground whereupon proceeded the per their ancestors former times, whereunto
secution that time; therefore not im pertinent examine the same more particularly, whereby shal appeare, that the same was fraudulently and vnduely deuised the prelats only, was like inaner most imiuriously
and vnorderly executed them. For imme diately vpon the publishing this law, without
answered, plaist Roy. the king pleased. Hereby notwithstanding the former vniust law an. was repealed, and the fraud the framers thereof sushciently discouered: yet such
meanes was there made the prelats, that this act repeale was neuer published, nor euer sithence imprinted with the rest the statutes
that parliament. Insomuch the said re peale being concealed, like commissions and
other processe were made from time time, vertue the said bastard stotute, well during
the raigne this king, euer sithence against the professors religion.
further warrant either from the king
councel, commissions vinder the great seale
England were made this forine Richard the grace God, &c. , patet act. pag.
his
Witnesse my selle Westminster the day Iune, the sixth yeare our raigue. With
out more words warrant vinder written, such Meane while what became of Wickliffe
like cases are both vsuall and requisite; viz. per ipsum regem per rege concilium
per brewe priuato sigillo. All any which words being voterly wanting this place, may bee scene the king's records that tine; must therefore
not certainly knowne. Albeit,
may bee gathered out Walden,
that he was banished and diluca
the meane time not hee doubted, but was aliue during this while, wheresoguer
rant this foresaid statute,
els without any noted,
about this time wrote the which letter
warrant all.
Whereupon
that whereas the said statute appointed the commissions be directed the shiride,
being commanded
exile. done either war was, his letter may appeare, which
pope Urbate the sixth. doth purge himselfe, that appeare before the popc Rome, cane not; declaring also the other ninisters the king's, other sulfici same bricse confession his faith. The
ent persons learned for the arresting such capie which epi-tie here followerh.
persons; the said commissions are directed The epistle John Wickliffe sent vinto pope the archbishop and his suffragans, being Vrbane the sixth. Anno 1332,-Verily doe appeareth parties the case, authorizing them reiosce open and declare vuto cuery man
farre appeareth
as itto
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89] STATE TRIALS, 11 Richard 1388. —Archbishop York, and others. [00 the faith which doe hold, and specially vnto will nost humbly submit my selfe vnto correc
the bishop Rome; the which forsomuch
doe suppose bee sound and true, will most willingly confirme my said faith, or,
bee erroneous, amend the same. First. sup pose, that the Gospell Christ the whole body Gods law; and that Christ, which did giue the same law himselfe, beleeue
tion, euen death necessitie and could labour according
require
my will would surely
very man, and that point, exceeed the wnto our pope inst and true euangelicall instinc law the Gospell, and other parts the tions: we ought pray that those motions Scripture. Againe, doe giue and hold the bi not extinguished any subtle crafty de
shop Rome, forsomuch the vicar uice. —And that the pope and cardinals not
Christ, here earth, bound most moued doe any thing contrary vinto the law
other men vnto that law the Gospell. For the Lord. Wherefore pray vnto our
bane the sixth, began, that with his clergy may follow the Lord Jesus Christ life
and manners: and that they may teach the
people effectually, and that they likewise may
faithfully follow then the same. And let specially pray that our pope may preseruca from all maligne and euill counsell, which we
the greatnesse amongst Christs disciples did not God, that hee will stirre our pope Vr
consist worldly dignitie, honours, but the neere and exact following Christ his life and manners: whereupon doe gather out
the heart the law the Lord, that Christ the time his pilgrimage here was most
poore man, abiecting and casting worldly rule and honour, appeareth the Gospell
desire mine owne person, present myselfe before the bishop the Lord hath otherwise visited me
Rome; but the con obey God than men. Forsomuch then God hath giuen
trarie, and hath taught me rather
Matth. the and the Cor. chap. – doe know that euill and enuious men of his
Hereby doe fully gather, that faithfull man houshold would gue him. And seeing the
ought follow, either the pope himselfe,
any the holy men, but such points
hath followed the Lord Jesus Christ. For Peter
Lord will not suffer tempted aboue our power, much lesse then will hee require any creature doe that thing which they are not able; forsomuch, that the plaine condition and manner of Antichrist.
Which John Wickliffe returning againe with short space, either from his banishment,
from some other place where was secretly kept, repaired his parish Lutterworth, where was parson and there, quietly de
Zebede, desiring worldly honour contrary the following Christs
steps, did offend, and therefore those errours
they are not followed. —Hereof doega the, counsell, that the pope ought
and the sonnes
leaue vnto the secular power temporall do
minion and rule, and thereunto effectually
Inoue and exhort his whole clergy; for did parting this mortall life, slept peace the Christ, and specially Apostles. Where Lord, the beginning the yeere 1384, vpon
fore
haue erred any these points, Siiuesters day.
PRoceedings
PARLIAMENT against Alexander Nevil, arch bishop York, Robert Vere, duke Ireland, Michael
Pole, earl Suffolk, Robert Tresilian, lord chief justice England, and Nicholas Brambre some time mayor London,
and
others,
for
High-Treason: Richard II. A. D. 1388.
- Tyrrel, Hol. Chron. 453. Grafton, 377. Walsing, 334.
895. Brady, 307. Cobb. Parl. Hist. 188. ]
THESE men being raised from mean cstates kingdom, they wrought their policy, that the favour the king, and advanced the the king impoverished, and the treasury ex
degree Privy-Counsellors, were the inen who hausted upon which the Commons murmur
had the only rule the Commonwealth, which under the king they governed some small space with careful diligence, acquiring thereby
deserved commendations: but not long did they thus steer the ship the king lom, for muy them being inferior rank birth, not having their veins dignified with noble blood, they were the sooner enticed with the
the multiplicity Tenths, Levies and Sub sidies; the Peers repine sce themselves dis graced and their inferiors honoured and word, the whole kingdom eadures universal misery. —The nobility, seeing the miserable estate wherein the whole kingdom lay, bleed
libidinous baits voluptuousness, and infected
inquired into and redressed.
with the insati ible itch
that despising the authority
neglecting the commodity
whly desiring keep the Revenues the his ostice Treasurer, and John Gilbert bishop
ing were Parliament,
death, urged the king summon the end the Grievances the
nation might
avarice; insomuch Parliament was shortly after held, October
the king, and 1366, which, among many other Acts, John the realin, and Fortham bishop Durham was discharged
to
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II.
91] STATE TRIALS, l l Richard 1388. -Proceedings against the [92
Hereford appointed his place; and Mi the office Chancellor, divers lands and tene chael Pole (a) earl Suffolk and Chan ments, contained the Impeachment, and cellor England was dismissed from his chan openly known that had received from cellorship, and immediately after was impeach the king other lands and tenements, that are
high o certain and sure, the value 400 marks per
annum, exchange for 400 marks yearly,
“That the said earl being Chancellor, and which had upon the Customs Kingston sworn act for the just the king, hath upon Hull, that are casual, and not sure,
Crimes and Misdemeanors the Commons, follows:
purchased our lord the king, lands, tene
ments and rents great value, appears
the Record the Rolls Chancery; and
that against Oath, not regarding the great necessity the king and realm, being Chan
cellor the time such purch use made, did cause the said lands and tenements to be set
much smaller value than really they were
worth the year, deceit the king. ” [Rot.
without informing the king his damage
that particular: and whereas the said Chan cellor has alledged, that received part the said lands and tenements taken exchange before he was Chancellor the Commons re
ply that was then sworn the king's privy council, and that afterwards his being made Chancellor, was again obliged oath; and that being the said office, had agreed
the exchanges him before desired, and had
Par. Rich. No. &c. ]
To this first Article the earl answered to this received from the king the remainder the
effect: That while was Chancellor, nei ther purchased any lands the king, nor did give any him, unless when made him
said lands and tenements full performance the said exchanges; and therefore they de mand Judgment the parliament upon his
aforesaid Answer; which being thought insuf ficient the Lords, the following Judgment
was given, being this effect: That since the said earl had not alledged his Answer, that he had observed his Oath, when he swore
earl, king
had 400 marks per ann. from the way exchange, for much
inheritance out the Customs King
had
ston-upon-Hull, whereof some part was as
signed him one Tydeman Limburgh
and others before was Chancellor, and some ‘that would not know of, suffer any
part since that time; which exchange was for the king's annual advantage; also because
damage disherison the king, nor that the right his crown should any ways destroyed
could hinder it,” with the rest the clause
the said Oath, above recited; yet that being the principal minister the king, and
knowing his estate, and the necessity the
realm, had taken such lands and tenements as
are laid the said Impeachinent, and are re
cited the first Article and though hath alledged his Answer, that the gifts bestow
the sum 1000 marks paid
upon that consideration. And
deavoured prove, that the Oath had taken, when was made Chancellor, had another intent than what they (the commons) would put upon and yet notwithstanding that Oath, might lawfully take, purchase from the king.
But the Commons not being satisfied with
this Answer, replied thereto, and shewed the yet since
full parliament;
lords the copy his (the Chancellor's) Oath, when took the Great Seal into his custody, being manner following, viz. “You shall
swear that you will well and truly serve our
the office persons
such Record en was adjudged, manors, lands, tenements, and their
‘lord the king and his people, Chancellor, and will right
received him from the seized and taken into his hands,
hold them him, and his heirs,
the earl further en
rolled
‘That appurtenances, king, should
have and
fully ever they had been before the gift poor rich, according, . made of them the said earl, with the
both and
and customs the realm, and shall faithfully issues and mesne profits the same from the
the laws
advise the king, and conceal his counsels; time the said grant, and which were
and you shall not know nor permit any levied out of the rest of the said earl's lands
damage disherison the king, nor that the elsewhere; yet that was not the intention
rights ‘stroyed,
crown shall any be de the king, nor the lords, that this Judgment
upon him, were confirmed hath produced
given earl, you can hinder it; and you can should make him lose the title
you shall then clearly and ex pressly make known the king, together
with your faithful Advice and Counsel there “upon, and you shall always act for, and pro cure the profit the king, things where “you may reasonably help God
and the Holy Gospels. ”—Wherefore the Com Realm, and deliver their advice how the
mons prayed, that this being read and well same might improved and amended and put
not hinder
nor yet the marks yearly, which was
understood, and the circumstances
his said into better order and governance; and there had not de upon such Examination delivered the
Answer considered, nied have received since was made
(a) He was son
wit, that the gift
the king earl, and being then
king, well word mouth writing and although the said late Chancellor did say full parliament, that the said Advice and
Ordinances should be put due execution, yet
merchant London.
parliament, therefore
receive out the issues and profits
the
county Suffolk, reason The second Article
the said title. “That whereas
nine lords were assigned
view and examine the State the King and
the last parliament
in
to byis, be of
in
in
: sohe he heof of
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93] STATE TRIALS, l l Rich And 1388. —Archbishop York, and others. [94
was not done, and that the default him rison the crown, and the subversion the who was the principal officer minister. ”— pleas and courts the king, and his laws. ”
this being not very ma —To this the Judgment was, The king awards
that those Charters repealed.
Item, “Whereas Ordinance made
the last parliament, that 10,000 marks should pended according certain form demanded raised the relief the city Gaunt, yet the said Commons, and assented the the default the said late Chancellor the king and lords, and not otherwise; yet the said city Gaunt was lost, and also thou monies thence arising were expended ano sand marks the said money. ” (b) The sum ther manner, that the Sea was not guarded of the earl's Answers the rest these Ar ticles, were either denying some them,
The earl's Answer
terial,
omitted. Item, “Whereas
Tax was granted
the Commons the last parliament ex
was ordered have been whence many
inischiefs have already happened, and more are like to ensue to realm, and this
the default of the said Lord Chancellor"—
This Article the earl denied, and does not appear that was proved.
confessing and excusing others; but for
that he was soon after cast into the castle of Windsor, and his lands, which were
small revenue, confiscated.
Neither did the Parliament stop here, but provide further for the whole state, they did the unanimous consent the king, pre
Item, “Whereas one Tydeman Lim
burgh having had granted him and
heirs gift 50l. per annum the king's lates, barons, and commons, constitute and grand-father, out the Customs Kingston give plenary and absolute power certain Com
upon Hull, which the said Tydeman had for missioners well the spiritualty the feited the king, that the payment the temporalty for the ordering and disposing said 50l. per annum was discontinued for the public affairs, according them should years and upwards; yet the said Chancellor seem best and most necessary for the despe knowing the premises, purchased him and rate estate the Commonwealth, depress his heirs of the said Tydeman, the said 50l. civil dissensions, and pacify and appease per annum, and prevailed with the king the grudgings the people.
confirm the said purchase, whereas the king These (c) Commissioners were number, ought have had the whole profit. ”—For this and were follows; Of the Spritualty; Purchase the said earl was adjudged make William Courtney archbishop Canterbury. fine and ransom, and the said 50l. were Alexander Nevil York.
io
the king and his heirs, with the manor Thomas Arundel bishop Ely, lately made Floxdete, aud ten marks rent, which were Chancellor England. wiła, Wickham
exchanged for the 50l. per annum out the bishop Winchester. customs profits, with the issues asoresaid. Hereford, lord treasurer. “And whereas the master St. Anthony ingham bishop Exeter.
schismatic, and for that cause the king ought have the revenues (being the value 400 marks yearly) which appertain him England; the said late Chancellor, who
John Gilbert bishop Thomas Brent Nicholas abbot the privy seal.
ought advance and procure the profit the cles abovementioned were fully proved, that king, took farm the said profits marks the earl could not deny them; insomuch that
per annum, and got his own use above when stood upon his Defence, had nothing 300 marks; and afterwards when the true say himself; whereupon the king blushing
master nominated the Pope, ought have for him, shook his head and said, ‘Alas, alas, had the possession and livery the said pro Michael, see what thou hast done. ’
fits, could not obtain the same, till . . an. d (c) The Commission, which among the two persons with him became bound Parliament Rolls, Rd. part men
nizance chancery 3,000l. pay y
y tions but eleven Conmissioners, omitting the rl
Waltham, lord keeper
—Of the Laity. Edmond Langley duke of,
ea
the said Chancellor, and his son, John bishops Ely and Hereford, and was sub
100l. per annum for the term their two stance follows: That the king his own lives. ”—As this, adjudged, that the king free-will, and the request his Lords and shall have all the Profits belonging the said Commons had changed the Great Officers
master St. Anthony's the time purchase; and that for the recognizance,
the
the crown abovementioned, for the good go vernment the kingdom, the good and due execution the laws, and relief his own
archbishop Canterbury, Alexander arch
bishop York, Edmund duke York, and
made, the said earl shall awarded prison,
and fined and ransomed the pleasure the king.
Item, “That the time the late Chancellor, there were granted and made
state, and ease his people; and had ap pointed eleven Countuissioners, viz. William
vers charters, and patents pardon for mur Thomas duke Gloucester (the king's uncles,) ders, treasons, felonies, &c. against the laws William bishop Winchester, Thomas bishop of the land; and that before the commence Exeter, Nicholas abbot Waltham, Richard ment this present parliament, there was earl Arundel, John lord Cobham, Richard made and sealed charter of certain Fran Scrope and John Devereux, great
chises granted the castle Dover, dishe and continual Council one year next com
(b) Walsingham relates, that these Arti
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95] STATE TRIALS, 11 Richard 1388. -Proceedings against the [96
York.
Thomas Woodstockduke Glou with others that party; and accordingly cester. 10, Richard earl Arundel. 11, John they conspired together with Alexander arch
lord Cobham. 12, ltichard lord Scrope. 13, John bishop York, and Nicholas Brambre, Devereux, knight. devise means how they might dispatch the
These, men eminent virtue, were cho said lords; and for that purpose wrote letters sen the general suffrage, and confirmed the king France aid and assist them the king under the great seal; and sworn seizing the said lords, and further prevailed carry themselves dutiful and obedient sub with the judges declare the said lords guilty
High-Treason for procuring the said late statutes. —But the said duke Glocester, and the earls Arundel and Warwick, seeing the heap ills that daily did arise the practices
those conspirators, set almost every part the kingdom Intelligencers, who should ap prehend messengers, and intercept letters,
the said Michael Pole, with others his come bave intelligence the whole Plot confederates, being moved with implacable the Conspirators, their Letters being in fury against the late Statute, buzzed into the dorsed, ‘Glory God High, Earth king's ears, that the statutes lately enacted Peace and Good Will towards Men and
jects their actions: and was farther enacted, “That any should refuse disobe the Ordinances made for the public good, the punishment for the first offence should
the confiscation his goods, and for the
things being disposed for the best, the Parliament
second the loss his life. ' Thus
was dissolved, [20 Nov. 1386] and every man which went under the king's name, and send returned his own home. —Soon after [1887] them the Commissioners And thus did they
the honour his coming the knowledge each circumstance, his princely preroga they found that the kingdom was the point
were very prejudicial
srown, and derogatory
tive; that they were
but rather resembled the shadow one and Remedy, for the law nature lawful earnestly moved the king against the other repel violence violence; every man ac lords, and disarnul that was done the cording his ability levied power for the
force was king, destruction, wherefore they sought for
late parliament. The king gave credit these preservation the king and kingdom; part
tales, and therefore had the lords
great jea which forces being committed the earl
lousy; but Suffolk out
large: notwithstanding Suffolk, the duke Ire land, and Robert Tresilian lord chief justice,
Arundel, marched away night, and
pitched his tents near London; and the
mean time used such discipline his camp,
that lacked nothing, but things were sold reasonable rates as had been market.
On the other side, the Conspirators intend ing prevent their purpose, caused
proclaimed throughout the city London,
suffered him which the said earl
released Michael the castle
Pole earl Windsor, and
doubtful their own safeguards, did what they
could move the king forward the destruc
tion the duke Glocester, the earls
Arundel, Warwick, Derby, and Nottingham, ‘That none should upon pain the forfeiture
their goods, either sell, give, ing, after the date these letters patent: nicate any necessaries the army
commu
the earl Rebels
which gave them power survey and exa Arundel, but should treat them
amine all his Officers, Courts, Household, and the king and country. ” Further, they coun the Government the whole kingdom, re selled the king absent himself from the Par ceive his Revenue, also Subsidies, liament (which was begin Candlemas Taxes, and other Payments; wilat they next, according the king and Commissioners would the kingdom, and amend things had appointed unless the duke Glocester, according their discretions. And these the earls of Arundel and Warwick, and the powers were given any six them, with his rest the Commissioners would swear, “That three great officers, willing, that any differ neither they nor any their name should ac
ence opinion should happen between his cuse them,
Councellors and those officers, that the matter them. ”
should determined the major part viz. the duke
them; commanding and charging prelates, del and Warwick, having muster'd their troops dukes, earls, barons, the steward, treasurer, the 14th November the same year and comptroller his household, the justices [1388] Waltham-Cross the county
said councellors and othcers, often and duke Ireland, the earl Suffolk, Robert what manner they should direct. Dated Tresilian and Nicholas Brambre, wherein they Westminster the 19th day November. ” Upon accused them High-Treason; which their
one bench the other, and other his jus Hertford, sent for the Commissioners that were tices whatsoever, barons and chamberlains Westminster parliament, and sent the the exchequer, sheriffs, escheators, mayors, archbishop Canterbury, the lord John Lovel, bailiffs, and other his officers, ministers, and lord Cobham, and sir John Devereux, with an lieges whatsoever, that they should attend Accusation writing against the aforesaid ing, obedient, counselling and assisting the Conspirators, viz. the archbishop York, the
this Commission whole recited Statute Book,
Statute was nade, and the Appellation they did offer maintain, and which may seen the that they were willing prosecute the same,
Rich. cap. and prove true; they caused also
urge any Accusation against the mean time, the three noblemen,
Glocester, and the earls Arun
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97] STATE TRIALS, 11 Richard 1388. -Archbishop York, and others. [9s
the rest of the Commissioners subscribe as the aforesaid lords again appealed (e) the parties—to their Appellation. When these archbishop, the duke Ireland, the earl things came the ears the king, sent Suffolk, Robert Tresilian that false justice, and unto them requiring know what their request Nicholas Brambre that disloyal knight (f) (for
was, and what they wished have done they termed them) High-Treason, accord They returned answer thus, ‘That they did ing they had done before Waltham Cross; desire, that the Traitors which were always and prove their accusations true, about him filling ears with false reports, they threw down their gloves, protesting
and daily committed insufferable crimes and their oaths prosecute battle Nay,’ injuries, might rewarded with condign pu saith the king, “not but the next parlia nishment; for were better some few should ment, which we appoint beforehand be
the morrow after the Purification of our ady, both they and you appearing shall re
the archbishop Canterbury, and bishop
Ely, lord chancellor, sent them, willing them doth appoint. ” And finally, was concluded
come him Westminster the Sunday they should meet together the next par then next following; which the lords would liament, and each one receive according
not agree to, till the lord chancellor, with di justice; and the mean time the king com
die for the people, than the whole nation should perish. ” The king being advised
ceive according law that which reason
vers other noblemen good credit, had under taken upon their oaths the king's behalf, that fraud, deceit, peril evil pretence should put practice against them, where
they might come loss life, limbs, goods, otherwise, through the king's means.
manded them upon their honours, not any party molest the other until the next parliament.
the mean time the earl Suffolk fled Calais, and the archbp. York (g) fled along with the bishop Durham, was not known whither; and the duke Ireland going into
When therefore the lords were ready ac Cheshire, Lancashire and Wales, raised forces
cording covenant come Westminster, withstand the Appellants, (to whom were
they were secretly advertised that there was now joined the earls Derby and Nottingham) ambush laid place called the Mews, with which forces he marched towards Lon.
and they staid and came not the ap don; but meeting with the Appellants forces pointed hour: whereupon when the king de Ratcote-bridge near Chipping-Norton
manded ‘how fortuned that the lords kept not Oxfordshire, was stopt march, and their promise; the bishop Ely made answer, his men revolting from him, was constrained
save himself flight swimming cross the river Thames (h).
because there an ambush of thousand
armed men more laid such place (and
named contrary covenant,' and “there
fore they neither come, nor hold you for faith king's name. caused the gates the city
your word. ' The king hearing this was London shut against the Appellants, and astonished, and said with oath, that guarded with sufficient watch never knew such thing;' and withal sent the theless the lords Appellants marched towards sheriffs London, commanding them
†Mews, upon they
London confer with the king but when they heard that Nicholas Brambre had caused the gates the City shut against them, they encamped
the
any force
and search made found men there assembled, take and
they lay could
themselves the 27th Dec. Clerkenwell, and sent two knights and two
hands but Nicholas
Brambre, who had indeed assembled such
number men, when they understood what
order the king had given therein, sent their men back to London. -
such
Thomas Trivet (d) and
esquires the mayor and aldermen London desire entrance then came the mayor London [sir Nicholas Exton] and certain
the chief citizens, and brought the keys the The Lords after this receiving Safe-Con City with them, and submitted themselves
duct from the king, and perceiving
safe and clear, came Westminster with (e) All Appeals Treason parliament gallant troop gentlemen; and entering the are since taken away 14. Bract. Hall, soon they had sight the king 119. Co. Instit. 132. See Proceedings
(who was seated throne apparelled his kingly robes, with his sceptre his hand) made him their humble obeisance, and went till they came the nether steps going
the king's seat state, where they made
against earl Clarendon, post.
He, together with Walworth the mayor,
and other aldermen, was knighted for his ser– vices against Wat Tyler.
(g) He was afterwards translated Pope Urban the see St. Andrews Scot
their second obeisance, and then the king gave
them countenance come nearer him; land; but the kingdom being under obedience
and they did, kneeling down before him: the Anti-Pope, the translation was no and forthwith rose from his place, and lov service him, that he was constrained
ingly welcoming them, took each them the hand, and then sat him down again; when
(d) He was afterwards killed fall from his horse.
YQL.
parish priest Lovain, where conti nued three years, till the time his death.
(h) He afterwards got into Holland, from whence went Lovain, where 1393, was slain hunting wild boar.
On the other side, Nicholas Brambre, the
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99] . STATE TRIALS, 11 Rich ARD 1388. —Proceedings against the [100
the lords, and offered them entrance into their found. —Shortly after, that say, the City with their people their pleasures. — morrow after Candlemas-day, the Parliament The next day there pened Interview began; and the first day, the joint consent
between the king and Appellants far, that they opened their minds one another
but because the king was loth speak them
before such rabble men, and on the other John Holt, Wm. Burleigh, and John Loc side refused out the Tower speak ton, the king's Serjeant Law,) (except
with them, and the Appellants feared some Wm. Skipworth, who had been hindered violence wrong offered them, they sickness from being along with the other
would not into the Tower without strong Judges, when the Commissioners were de
first
and confer with the king, but sent well armed
valiant warriors; therefore the most clared guilty High-Treason, and Tresilian
guard wise
resolved
othey strong troop Tower, and there kept separate places.
search
came and sat down on his throne; and after ates and placing guard, they appeared be him the five noblemen Appellants (the fame
the Appellants after divers consultations
who was fled) who were immediately displac from their Offices, and sent prisoners the
the corners and caves the Tower,
with selected band of valiant cava Westminster, [Feb. 3. . ] the king soon after
and relation being made the safety the temporalty being assembled the great ball
iers, they Tower, seizing entered the and
the
fore the king, who was set pavillion richly whose aduired worth echoed through the nrrayed; and after their humble salutations land) entered the house their costly robes,
done, they third time appealed the aforesaid Conspirators the same sort and form afore which Appellation being ended, the
king swore that would justice far the rule law, reason and equity did require. —These things being accomplished, they de
leading one another hand hand, with in numerable company following them and be holding where the king sat, they once with
submissive gestures reverenced the king. The Hall was full spectators, that the very roofs were covered with them but amongst this infinite multitude there could not be found any the Conspirators; Brambre, who had
the Commissioners, were arrested sitting
their places, the Justices Roger Ful thorp, Robert Belknap, John Carey,
All the Peers well the spirituality the
parted from the Tower their own homes;
and then was published the presence
the king, and throughout his dominions, That attempted flee away, had been taken little on the morrow after Candlemas-day, par before, and was cast into Glocester goal. —The liament (i) should held, and the aforesaid Clergy then placing themselves the right Conspirators should personally appear there hand, and the nobility the left-hand the answer the Appellation whereby they were king, according the ancient custom the charged with many Treasons. —In the mean high Court Parliament, the Lord Chancellor while the king, consent the said Com standing with his back towards the king, the missioners and Appellants, issued out several king's command declared the cause their sum
(k) Orders for apprehending and seizing mons parliament; which was consider
all suspected folks, and for keeping them what means the distraction the realm, throug safe custody till the parliament should assem evil management, might for the future coin ble accordingly divers Officers the House posed, the king better advised, the nation bet hold were expelled their office, and together ter governed, misdemeanors more severely pu
nished, and good men more encouraged how the kingdom also might best defended, the sea best kept, the marches Scotland securel
John Salisbury, and divers others; and there guarded, Guyenne preserved, and lastly how was also taken sir Nicholas Brambre, but the charges these things may most easily be found surety for his forth-coming; but the borne; and then gave notice that whoever duke Ireland, archbishop York, earl
Suffolk, and Robert Tresilian were where
(i) See the King's Order the sheriff
Kent for proclaiming and summoning the
Conspirators appear dated 4th Jan.
with several others apprehended
g.
ted prison, viz,
Elman, John Beauchamp, Tho. Trivet,
and commit Burleigh, Wm.
1388. Rym. Foed. tom. vii. 567. The like pellation the mouth Robert
order the sheriffs throughout England, their Speaker, who thus spoke: ‘Behold the
the same date. Ibid.
(k) See Warrant directed the constable Treasons which are laid his charge by the
Gloucester castle, taking into custody Conspirators. ’ To whom the Lord Chancellor Robert Tresilian and Nicholas Brainbre, dated the king's commandment answered “M 4th Jan. 1388. Ryn. Foed. ton). vii. 566. lord duke, the king conceiveth honourably See likewise another Warrant the same date,
directed the constable Dover castle, and warden the Cinque-ports, for keeping
custody and apart several others accused the Lords. Ibid.
you, that cannot induced believe
would complain parliament could not well redressed
such things the common the Clerk
law, might carry their Petitions Chaucery, there named and appointed
receive them. Which being ended, the afore said five Appellants arising, declared their Ap
luke Gloucester comes purge himself
that you, who are affinity him colla teral line, should attempt any Treason against
his majesty. ’ The duke, with his four com panions upon their knees, humbly gave thanks
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101) STATE TRIALS, 11 Richard 1388–Archbishop York, others. [102
the king for his gracious opinion their fide great lords, and his liege people, and the fa lity. —The lords, spiritual and temporal there vours and rights which they requested his
present then claimed their liberty and fran chise, that great matters moved that par liament, and moved other parliaments
time come touching the peers the land,
answer, were not
pleasure and allowance, staying the king from his duty, and his oath, and turn
ing the hearts the lords from should discussed and judged the course with design estrange his heart from the
parliament, and not the law civil,
the common law of the land used the inferior
courts the kingdom; which claim, liberty
and franchise, the king allowed and granted full parliament.
after silence proclaimed the Appel lants arose, and accused the aforesaid Con spirators High-Treason, and delivered certain Articles writing, wherein were con tained the particularities their Treasons; which were follow
“That as false traitors and enemies to the king and kingdom, taking advantage his tender age, and the innocency his person, they informed, and put upon him truth divers false things their own invention, against loyalty and good faith, and made hun intirely their own; that they had his love, firin faith and credit, while hated and suspected his loyal lords and lieges, whom
ought have been governed That these false Traitors had encroached themselves
royal power, enslaving the king, blemishing sovereignty, and lessening prerogative and royalty; and made him obedient their
will, that was sworn governed, coun
selled and conducted them virtue which oath they kept him obedience their false imaginations and mischievous deeds con tained the following articles.
“Also whereas the king not bound take any oath, but the day his corona tion, for the common profit himself and kingdom, the aforesaid Alexander, Robert, and
peers the land, have amongst them the sole government the kingdom.
Michael, false Traitors and enemies the
king and realm, inade him swear, and assure
them, that would maintain, support, and
live and die with them; and also whereas the
king ought more free condition than
any other his kingdom, they have put him
more servitude than any one, against his teenths, and other Taxes granted divers
honour, estate and royalty, against their lige ance, traitors him.
Also the said Robert, Michael, and Alexander, the assent and counsel Ro bert Tresilian that false justice, and Nicholas Brambre that false knight London, their wicked contrivance would not permit the great men the kingdom, nor good counsellors, come near the king, nor would suffer him speak then unless their presence and hearing, encroaching themselves royal power, lordship and sovereignty over the person the king, the great dishonour and peril the king, the crown and his realm.
Also the aforesaid Alexander, Robert Vere, Michael Pole, Robert Tresilian,
and Nicholas Brambre, their false wick edness evilly advised the king, that his per sonal presence which ought make the
parliaments safeguard amounted
expended defence and the kingdom, and otherwise, which
bert
Also the said Encroachment Ro Vere, duke Ireland, and Michael
Pole, with the Advice and Counsel Alexander archbishop York, they caused the
king without assent the kingdom, their abetments, without any deserts the persons,
give divers lordships, castles, towns and ma nors well annexed his crown others,
the whole realm Ireland, the town Oke ham, and the forest thereof, and the lands which were the lord Audley's and other great estates, the said Robert Vere, and others, whereby they were mightily enriched, and the king became poor, that had not where with support and bear the charges the kingdom, unless imposition, taxes, and tri
butes put upon people, disherison his crown, and the undoing the realm.
Also the Encroachment the said Alexander, Robert, and Michael, the assent and advice of the aforesaid Robert Tresilian
and Nicholas Brambre, they caused the king give divers lands, manors, tenements, rents,
“Also Robert Vere, Michael
Pole, Alexander archbishop York, with the rest the persons above-named, assent and counsel the said Nicholas Brambre, &c. encroaching themselves royal power, caused the king give very great sums gold and silver well his own goods and jewels the treasure the kingdom, besides Tenths, Fif
the sum of one hundred thousand marks and more, the said Robert, and
ordinances and parliament,
made and ordained
the kingdom,
injury the king and kingdom.
obtained but their
o:
great him,
offices and bailiwicks people their kin dred and other persons whom they received great bribes; and also make them their party their false quarrels and purposes,
the case sir Robert Mansel, clerk, John Blake, Thomas Usk, and others, the destruc tion the king and kingdom. -
! ".
well for the wars defence
others. And further they caused many good
interrupted, the great
Also the said Encroachment and
great Bribes taken the said Robert, Michael,
and Alexander, divers not sufficient nor had
the guard and government divers lordships,
castles and countries, Guyenne and else
where, well this side beyond the sea
whereby the people and countries those
territories being loyal the king, for the most part were destroyed, and great dominions
iate rendered into the hands and possession
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103]
STATE TRIALS, 11 Richard 1388. -Proceedings against the [104
the enemy, without assent the realm, which 13. “Also, The aforesaid Alexander, Ro were never the hands the enemy since bert, Michael, Nicholas, &c. traitors the the conquest them; also the marches king and kingdom, took great bribes many
Scotland, and otherwhere, disherison the crown, and great injury the realm;
the case Harpeden, Craddock, and others.
cases the name the king for maintainance quarrels, suits; and once took bribes
both sides parties.
“Also the Encroachment the afore 14. “Also, These five caused some lords
said Alexander, Robert, Michael, Robert and and others, loyal lieges, put out the Nicholas, divers people have been hindered king's council; they dared not speak the benefit the common law England, parliament about the good government
and put great delays, losses and costs; while the king's person kingdom.
statutes and judgments justly made upon ne cessary causes parliament have been re
15. “Also, Whereas the last parliament the lords, sages and commons there assem bled, seeing the imminent ruin the king and
versed and annulled the procurement the said misdoers, and traitors, and this
son the large bribes them extorted, the great prejudice the kingdom.
10. “Also the five aforesaid, encroaching
themselves royal power, false traitors
king and kingdom, caused and councelled the with his royal power, was then shipped ready king grant Charters pardon for horrible have landed England, have destroyed felonies and treasons, well against the state the kingdom and language thereof, and there
the king, the party, against the law and was no Ordinance then made, care taken oath the king. for the safety the king and kingdom they 11. “Also, Whereas the great lordship and knew other remedy than shew the king
land Ireland hath been beyond memory fully how was ill-governed, led and coun parcel the crown England, and the people selled the traitors and doers aforesaid; thereof for that time have been the king's requiring him most bumbly, his loyal lieges, leiges without any mesne lord, him and his for the safety him and his whole realin, royal progenitors, and our lord and his noble and for avoiding the perils aforesaid; re progenitors kings England have their move from his presence the said evil-doers and charters, writs, letters and patents, and also traitors, and not any thing after their ad under their seals, augmentation their vice, but according the counsel the loyal names and royalty, styled themselves lords and discreet sages the realm and hereupon Ireland the aforesaid Robert, duke Ireland, the said traitors and evil-doers, seeing the good
Alexander, and Michael, &c. false traitors and honourable opinion the parliament,
the king the said encroachment, gave undo this good purpose their false counsel, advice that the king, much was him, caused the king command the mayor Lon
had granted that Robert Vere should don kill and put death the said lords king Ireland: and accomplish this wicked and commons, except such were their purpose, the aforesaid traitors counselled and party; the doing whereof, these great traitors excited the king send letters the pope and evil-doers should have been parties, and ratify and confirm their traitorous intention, present, the undoing the king and the without the knowledge and assent the king kingdom.
rea kingdom the perils and mischiefs aforesaid, and for that the king had forsaken the council
the kingdom, and holden himself altogether
the council the said five evil doers and the traitors; and also for that the king France,
dom England, land Ireland, parting 16. Also, That those five Traitors above the king's liegance respect both nations, mentioned, when the mayor and good people
decrease the honourable King, and open disherison
England, and full destruction and the nation of Ireland.
name the London utterly refused the presence
his crown the king murder the lords and commons;
loyal leiges they their said traiterous accroachment
falsely counselled the king, and prevailed with him leave the parliament for many days, and caused him certify that would not come
12. “Also, Whereas the Great Charter and
other good laws and usages the kingdom,
man ought taken, put prison, death
without due process law, the aforesaid Nich. commons concerning the business the king
Brambre, false knight
some approvers the case felony, and some taken and imprisoned there upon suspicion
felony; and led them into Kent place called the Foul Oak, and there encroaching himself royal power traitor the king,
London, took night dom, for any peril, ruin mischief the prison Newgate, that might happen any ways
the number 22; realm, were not first assured
some debtors and others accused felony, and and commons, that they would not speak nor
certain persons out chaplains, and others,
whatsoever him, the
and without warrant all their heads appealed felony
suffered large
cient Ordinances and Libert-s
17. Also, The said lords and commons,
process law, caused cut off but one, who was
approver, and him the same time.
against parliaments.
the parliament, nor treat with the lords and
that parliament any thing against any the misdoers, saving that they might proceed the process, which was then commenced
#. Michael Pole,
the great ruin
king kingdom,
the and and
the an
after they understood that the king's mind (through the wicked excitation and counsel
the lords
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105] STATE TRIALS, 11 Richard 1388. —Archbishop York, and others. [106
the said five, &c. above-mentioned) was such, 21. Also, bring about their traiterous that would not suffer any thing com purposes, the said five caused the king menced, pursued done against the said evil into several other parts the kingdom for some
time; whereby the lords assigned the said Ordinances, Statute and Commission could not advise with him about the business of the
how the estate the king and his Ordinances, Statute and Commission were de
doers, that they durst not speak proceed against the king's will; upon consideration
the former counsel and advice of the lords and
#.
royalty might best saved against the perils and mischiefs aforesaid, knew not how find out any other remedy than ordain, That
justices, with other sages and commons par kingdom; the purport and effect the
twelve (1) loyal lords the land should
the king's council for one year, and that there should made such commission and statute,
power ordain, according justice Chester, o deputies &c. 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.