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23] STATE TRIALS, 13 Edward 1320. —Proceedings against [24
and, Wales, and Ireland, and all the king's day, then should treated enemy dominions either this side beyond the the king, kingdom, and people. "
sea, between that time and the feast All He accordingly quitted the kingdom, but was Saints next following (having Dover assigned soon afterwards recalled the king, and fall him for his port pass from, and other) ing into the hands the earl Warwick, was
and should found England, any other part the king's dominions beyond that
him put death.
Proceedings against Hugh and Hugh DESPEN CER, Edw. II. A. D. 1320. [Brady's History, 128. ]
SHORTLY after the fall Gaveston, the two had Hugh the father and son their possession, Despensers, father and son, acquired very they were banished: And was with one great ascendancy over king Edward The Assent them all there, whoever they were, manner which they exercised the power with That the quarrels complaints before named, which invested them, exasperated the should be maintained the honour of God nobles, that they took arms obtain justice and holy Church, the profit the king,
against the Despensers; and after many violent proceedings they entered into the following Con federacy Sherborne, Dorsetshire, 1320.
“The Con FEDERAcy of the earls and barons against Hugh and Hugh Despenser.
the queen, and their children, and the safety
the crown and people. And the earl Lancaster and other great men which began this quarrel will maintain him, the earl Enegos, and all named after with them will main tain with their power. And whenever
“This Indenture Witnesseth, That on the the earl Lancaster and other great men shall
Sunday next after the feast the 14th year the king,
John Baptist,
leave the quarrel, the earl Enegos, and all those named after him, may leave without being accused questioned for And
Sherborn archbishop
Elemede, the presence the
York, the bishops Durham and Carlisle, the maintain these things, the earl Ænegos and
earls Lancaster and Enegos, was consi dered, That Hugh Despenser, the father and
the son, had counselled and moved the king, the dishonour and damage him and his kingdom; and having heard and understood
others after him, put their seals. ” This was the part the Indenture agreed and sealed
the earl Ænegos.
From whence they march St. Albans,
plundering victuals every where their march, and oppressing the poor. Per viam diripientes ubique victualia pauperes terrae gravantes
the reasons the earl Hereford, Roger
Mortimer the nephew and uncle, Hugh
Audely the father and son, Roger Dammory, from whence they sent the bishops London,
John Mowbray, Maurice Berkeley, Roger
de Clifford, Henry Teys, John Giffard, Tho
mas Mauduit, Gilbert Talbot, and other great
men, and others the Marches (i. e. Wales. ) two traitors from his court, but also out the And notice Information having been given kingdom. The king's answer was, That Hugh
the earls Lancaster and Ænegos, Mon the father was beyond sea his service, and sieur Robert Holland, Fonk Estrange, Hugh the son was sea for the guarding the Stephen Segrave, William Latimer, John Cinque Ports according his duty; and that IXevery, John Harrington, Adam Swim according right and custom, they ought not
nington, William Kyme, Marmaduke Tweng, Richard Walleys, Robert Pierpount, IRanulph Dacre, Edmund Deyncourt, Thomas Willeby, William Penington, Ralph Ne vill, Giles Trumpyton, John Beker, Adam
banished without answering for them selves. The king had summoned parliament
the 15th May, meet three weeks after Midsummer, the 15th July, Westmin ster. The barons, upon the receipt the king's.
Cliff, Thomas Longuevillers, Edmund
Nevill, Gaslelin Daniel: That the earl He
reford, Monsieur Roger Mortimer, and other holden his parliament, when they made the great men the Marches, and others above Award against the two Spencers, and conceal named, have begun quarrels and complaints from the king, who knew nothing
against monsieur Hugh the father and son; and until the hour they came with Westmin
that 'tis done nour and profit And seemed sould not taken
the king and his kingdom. them all, that the oppressions from the people, until they
not hinder the passing which was this effect
“To the honour God and Holy Church,
Salisbury, Ely, Hereford, and Chichester (then St. Albans, make peace) the king London; not only send Hugh and Hugh the
Hodeleston, Michael Haverington, Adam Answer, London with horse and arms,
Everingham, William Trussel, Robert Rigate, Robert Richer, John Clifford, Henry Bradbourn, Nicholas Langeford, John Brekeworth, Thomas Wycher, John
notwithstanding the king had commanded then
come the parliament
there they held council
came not Westminster
moned, but remained London with horse and arms fifteen days after the king had begun and
the honour God, the ho ster with force and arms, the king could
due manner; themselves, and they were sum
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25] STATE TRIALS, 13 Edward 1320. —the Despensers. [26
and our lord the king, for the profit him peril him, the crown and the kingdom. –5. and his realm, and maintain peace amongst Also attain their wickedness, covetous his people and the estate the crown, the pre ness, and disinheriting the great men, and de lates, earls, barons, and other peers the land struction the people, they put out good and
assent, and put
turns, several seasons the year, the caused indicted, false jurors their better advise him, without whom great alliance, the peers the land, the earl business ought pass. The said Hugh the Ilereford, M. Giffard Brimmesfield, and M. son, drawing him his father, who was not Robert Monshall, and other good people,
order parliament near the king, get their lands. -6. Also they falsly and mali one those counsellors, between them both ciously advised the king raise arms against have usurped royal power over the king and his people Glocestershire, contrary the
ministers, and the government the king Great Charter, and the award the peers
dom, the dishonour the king, the injury the land, and their false and evil counsel, the crown, and destruction the kingdom, would have made war the land for their own
great men, and people; and have done the proper quarrel, the destruction Holy
and commons the realm, shew against agreeable ministers placed
their party, who done sheriffs, es
Hugh Despenser, father and son, That
Whereas Hugh the son the parliament
York was named, and was there agreed
should chamberlain the king; which ces not understanding the law, Hugh the parliament was agreed, That certain prelates father, sir lèalph Basset, Ralph Camois, and and other great men should with the king sir John Inge, and others their friends; who
wickednesses under-written, contriving
turn the heart the king from the peers the land, that they may have the sole government
Church and the people. —7. Also whereas the earl Hereford, and the lord Wigmore
Mortimer) the king's command were assign make war upon Lhewelin Bren, who had
thereof—1. That sir Hugh the son made Bill
writing, whereby would have had sir John levied war against him Glamorganshire, when
Gifford Brimmesfield, Richard Greye, the earl Gloucester's lands, reason his and others, entered into Confederacy have death, were the king's hand; and Lhewelin forced the king what would have him; had rendered himself into the lords hands the and had almost done The tenour of the Bill king's grace and pleasure, and upon that condi
under-written. —2. Homage and the oath tion delivered him the king, who received him allegiance more reason the crown than accordingly; but when these lords were out
the person the king, and bound him more the country, these two, the father and son,
the crown than the person; and this appear usurping royal power, took Lhewelin and carried ed, for that before the crown descends, there him Cardiff, after that Hugh the younger
allegiance due the person expectant. was seized thereof (as his share the earl Wherefore case the king carries not himself Gloucester's estate, one whose daughters
others false and wicked
will not suffer right
cheators, constables castles, and make Justi
reason, right the crown, his lieges are and heirs had married) pretending juris
remove diction, where none was this case; and reason; there caused him drawn, hanged, be kept. headed, and quartered, feloniously for things Then was demanded, whether the king was done the time king Henry and also took upon them royal power and jurisdiction, which
was appendant the crown, disheritance the crown, and dishonour the king, the
bound by oath made the crown the king and the state the crown and otherwise the oath ought not
law, (par suit loy par aspertee;
rigour
dealt with suit
suit judge.
law could not be, for had
which case, the king's will not according said lords Hereford and Mortimer, and
reason, and that maintains nothing but example and great peril the like case error; therefore save their oath, and when time come. —8. Also they advised the the king will not redress what injurious king take into his bands the lands and goods. the people, they must proceed with rigour; for sir Hugh Audely the son, who was fore he bound oath govern his lieges, and judged without due process, contrary the his lieges are bound govern aid him, law the land, the covetousness the said.
and default him. –3. Also upon the Hugh get some those lands; and other application the great unen, and people unto. false compassments contrived have the lands him, his answer was according the pleasure Roger Dainmory, and for having him at
these two, turning the king from his tainted for entering into Gloucestershire, duty against his oath, and the hearts the disheritance the peers the land. —9. Also
i.
inen and people against their liege that whereas the king had granted his let ord. —4. Also their evil contrivance, they ters patents the earl Warwick full par will not suffer the great men the realm nor liament Westminster, That after his death. good counsellors speak with, come near his executors should have his lands until his
the king advise him, nor the king speak heir was age; which grant, after the earl's them, unless their presence and hearing, death, was confirmed the king Lincoln,
one them, and when they please; they the request and assent the peers the usurping royal power and sovereignty over the land parliament, the said Hugh the father. person the king, the great dishonour and procured son cause the king repeal.
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27] STATE TRIALS, 13 Edward
this grant without cause, and give the said Hugh the father, for his own profit, the guard those lands; and also had defeated by evil counsel what the king had granted
his parliaments good advice, and assent the peers the land, the dishonour
the king, and against right and reason. —10.
Also, that they would not suffer the king
take reasonable fines the peers the land men the land made Confederacy by oath, and others, when they entered and received writing, and other manner, without the king's their fees, had been used before that time: leave; and then they and others, with horse but covetousness, get such lands the and arms, marched against others, with the royal power they had gained, they caused undue king's and their own arms displayed, and took
impeachments brought, surmising the and seized upon castles, towns, manors, lands, land was forfeit, John Mowbray for tenements, goods and chattels the king's the lands Gower, and others, the da liege subjects; and others them they took mage and dishonour the king, and contrary and imprisoned, others they ransomed, and
the law the land, disheritance the some they killed, and did many other things, great men and others. Also making the king destroying the said Hugh and Hugh, and do against his oath parliament. —11. Also their allies and others, England, Wales, and
wicked covetousness and power royal they the Marches, which some may called will not suffer the king hear right felonies; which things having been done by the great men, upon what they presented necessity, ought not taken notice of, or him, for himself and themselves touching the punished law, nor can without great
disheriting the crown and them touching the trouble hazard war. These great men pray lands which were the Templers. Also the king for peace sake, for the assuaging an usurped power royal they governed the king, ger and rancour, and making unity the land, his council, and prelates, that matters and that may more entirely have the hearts concerning them and their friends, which and good will his people defend his own they undertook, right could obtained but countries, and offend his enemies; that might
1320–Proceedings against [2s
After they had force obtained these things, and this manner, they bethought themselves
some security for what they had done, set ting forth, That they could not obtained by process law, for that the two Despensers usurping royal power, and having the king and
his ministers, and the direction the law their devotion, their power, the great
according their pleasure; dishonour the king, the peril
the damage and oath, and
accorded and assented full parliament, the king, prelates, earls, barons, and commons
(& comon royalm) that great men of
the people
his realm. –12. Also bishops, abbots, and priors the realm, Prelate, Earl, Baron, Knight, Clerk,
disheritance and destruction
elect, who ought received the king Esquire for the Confederacy made oath, when duly elected, cannot come near him, nor writing, other manner, for riding with
speak with him obtain his favour, until they the king's, other arms displayed, nor for the have agreed and made fine with Hugh the taking, possessing, detaining castles, son according his pleasure; nor any that towns, manors, lands, tenements, goods, or
had any grant ask the king could obtain before they had made fine with him. —Which
wickednesses are notorious and true,
found the examination the earls, barons, and other peers the land: Wherefore we peers the land, earls and barons, the pre sence our lord the king, award, That Hugh
lation St. John Baptist, 29th August giving damages the party. And also, That next coming; and found England after may granted the king the said par that day, they returned after that day, liament, that any earl, baron, any great then be done unto
Despenser the son, and Hugh Despenser
the father, shall disherited for ever, dis since Candlemas last past
heriters the crown, and enemies the king not impeached, grieved,
and his people, and banished the king suit the king any other.
dom England, never return again, “un things, this statute and accord should be less the assent the king, and the quit for ever, saving every one, except the assent the prelates, earls, and barons par said Hugh and Hugh, their right demand liament duly summoned;’ avoid the realm and recover their frank tenement, and their between that time and the feast of the decol right, without punishment from the king,
the enemies of the man, for themselves others, whom they the printed copy shall name the chancellor, between this and Despenser, pairi St. Michael next coming, will have the king's filii; the Banishment Hugh Despenser, pardon sute the peace, what pertains
king and kingdom. "—This called, Erilium Hugonis
father and son.
These Articles appear have been admitted
and taken for granted, without any direct proof,
the manner then was ment,
him, all manner felonies and trespasses done contrary the peace; disobedi ences, contempts, conspiracies, confederations,
chattels, the taking, imprisoning, and ransom ing the king's liege-people, for killing of men, other robberies, felonies, other things done against the king's peace, which may be judged trespasses felonies, from the begin ning the world that day; and other peo ple what condition soever they were, for the trespasses and felonies aforesaid committed
proceed parlia privy covenants, and obligations, made against the king, should have their charter pardon,
that day, should molested the But such
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29] STATE TRIALS, 15 Edward 1520. -the Despencers. [30
without paying fees the Chancery; and that all such writings where-ever found null. This was granted, and hath this title print, Ne quis occasionetur pro feloniis seu transgres sionibus fact prosecutione Hugonis Des
penser, patris filii, That man may prosecuted for the felonies and transgressions committed the prosecution Hugh Des Penser father and son and there follows
enter upon his lands destroy them, and with the same power and force besiege his towns and castles, and took them force, and killed part his people, John Iwayn, Mat thew Gorges, and about other Welsh men and part they mained, Philip Joce; and part they took and imprisoned,
sir Ralph Gorges, who was then prison, M. Philip Joce, John Fresingfield, sir John de Dunstable, William Dunstable, and
charter pardon granted the earl Here
ford, according this accord; dated the 20th many others, which they frced upon ransom
of August next following, then the 15th year his reign.
December following, Hugh Despenser, the younger, applied himself the king the repeal his exile, who committed him prison, and sent his petition the archbishop
Canterbury, the other bishops and clergy being then provincial synod London, advise about, and give him their sense upon
who judged the award, the exile and disinheritance, erroneous, against right, and
obtained force, without their consent, peers the land, and therefore advised and prayed the king repeal, and make null for ever; which was done, and the king granted
him his protection and safe conduct, for his person and estate, his letters patents, dated
and they took, carried, and drove away his
goods and chattels found his towns and castles; that say, 40 war horses, and
armour for 200 men completely armed, and other warlike engines and implements, and victuals, wheat, wine, honey, salt, flesh, fish, and other victuals, the value, 2,000l. and burnt all his charters, remembrances,
and monuments they could find, his loss
2,000l. They also burnt part the gates
his castles, and houses, and took the
irons out the windows, and leads the
houses, &c. and carried them away, the
damage 2,000l. and then names ten castles Wales, and the Marches, which they took
and destroyed; and with the same force and power, they stayed his lands totally des
troy them about days, which time they forced the greatest part the country
Westminster, the 8th of December 15th his reign.
the
Us, shewing, That while was the office Chamberlain, and full parliament, the earl
our service appointed
March, the 15th
Derby issued his summons
On the 14th
reign, the king
for parliament
weeks after Easter next coming, into which same time they robbed and plundered him parliament upon the petitions Hugh De all the moveables and upon his manors, 60 spencer, the father and son, (notwithstanding large working mares with colts and foals
the son's had been reversed before) was brought before the king, the process and award for their disheritance and exile, and upon shewing the errors them, they were both revoked and made null. —“Whereas lately our parliament summoned Westminster meet three weeks after the nativity St. John Baptist last past, award was made against
Hugh Despenser the son, and Hugh Despenser the father, certain great men the realin, and then after the feast St. An drew next following, Hugh the son petitioned
two years, 160 heifers, 400 oxen, 500 cows, with their breed for two years, 10,000 sheep,
Hereford, M. Roger Mortimer the nephew, M. Roger
Mortimer the uncle, M. Roger Damory, M.
John Mowbray, M. Hugh d'Audele the father, M. Hugh d’Audele the son, M. Roger
Clifford, M. John Giffard Brimmesfield,
M. Maurice Berkeley, M. Henry Tyes,
M. John Maltravers, and many others, made
Confederacy oaths and writing pursue
and destroy him, and upon this agreement
the above-named, with their retinues, came
the Wednesday after the feast the inven hardships, they made the greatest part the
tion Holy Cross, the 14th year the king, Newport Wales, with force and
people against their wills, their party, and sworn them. And also with their force and power they came the parliament
arms, that wit, with 800 men arms,
with the banner the king's arms displayed, Westminster, and there upon false accusations, and with 500 Hobelors, and 10,000 foot, without calling the said Hugh answer, against
swear their party, and those that would not, they imprisoned, put ransom, and
his
holden York three burnt their houses and goods; and the
400 hogs, andoall other necessary things found upon them, carts, ploughs, vessels, these they took, drove, and carried away (without leaving any from his manors, lands,
Wales, which were 34 num ber, his damage 2,000l. They burnt his granges, and destroyed his crop upon the ground, his damage 2,000l. and the debts
which were owing him there, force and cruelty they made his debtors pay unto them,
the value near 3,000l. with fee-farm rents, and other customs, which amounted near 1,000l. And from Wales with the same power and force they came into England, upon his castles, towns and manors there, and cut
his woods, unchaced his chaces, disparked his parks, pulled down his houses, robbed and
and towns
rifled much they could any where find, his damage 10,000l. and then seized upon
his friends, and his people, whereof some they put ransom, some they rifled, and some they imprisoned, the great grievance them, and then the same cruelties and
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31] STATE TRIALs, 13 Edward H. 1320–Proceedings against [32
}.
prays the king, as he is bound by right of his the king and prelates, said the award was crown, and by the oath he made at his coro wrongful, and against law and right, and nation, to maintain people their rights, prayed him, with the prelates, and they had That would please cause brought done before, null and make void the award; before him the process the award made and the earls affirmed, That for fear the gainst him, that may examined, and that force, which the great men suddenly brought
all manner of right and reason, and against the not would assent for many causes and law of the land, erroneously awarded him to be the earl Kent the king's brother, the earls
disherited and exiled
the said Hugh may received shew the errors and there shall any found, would please repeal and redress them, and
further according right and reason and the said Hugh afterward shall ready stand right, and answer every complaint
before
wherefore he Richmond, Pembroke, Arundel, and
and accusation according reason. And he
sheweth the errors the said process, for that father, setting forth, That the same great men
delivered the king, behalf Hugh the the great men who pursued and destroyed him, before named, and their adherents and confe
prayed pardon the king for
which might judged felonies
that pursuit, which they made
authority, which wrongfully
themselves judges him, where they could not, cester, four Dorsetshire, five Hampshire,
make the award, which and unexpected, they and also advised the king suffer pass, for which offence and
inistake they prayed his pardon. ”
And then afterwards another petition was
the parliament
was them unknown gave their assent
those things, derates with force and arms, the day St.
trespasses Barnaby, their own his manor
the 14th year the king, came Fastern Wiltshire, and twelve
they made others
that shire, six the county Glou
ought not judges; also error, that
the said Hugh was not called into court,
answer where the award was made also error,
in that the award was made without the assent
ofthe prelates who were peers parliament; colnshire, five Cheshire, and five War Item, error, that there was no record wickshire; 63 manors there named, their pursuit, the causes contained the where they made the same havock, comunitted award; also error, that the award was made
nor other manner destroyed, unless
judgment his peers, the law the that the loss his goods, moveable and im
land; with request the king take notice, moveable, and upon his manors and lands,
that the great men were summoned come were greater namely, two crops corn, duely the parliament, but did not, when they one the barns granges, the other upon came with horse and arms, and all their force; the ground; 28000 sheep, 1000 oxen and hei
Whereupon the said Hugh came and rendered himself prisoner the king, praying would receive him into his protection prosecute his complaint, and that right might done him these matters; and the king received him
fers, 1200 cows, with their breed for two years, 40 mares, with their breed for two years; 500 cart-horses, 2000 hogs, 400 kids, 40 ton of wine, 600 bacons, 80 carcasses beef, 600
muttons the larder, and tons cyder; he ought do, (sicome faire devioms) and Armour for 200 men, and other warlike en caused his petition carried the arch gines and provisions, with the destruction his bishop Canterbury, the bishops, and other honses, his damage 30,000l. And the
the province Can provincial council
same time they entered the Abbey Langley Wiltshire, broke his coffers, and carried
prelates, and the clergy
terbury, then being
London, charging them
him, advise about the petition, and let him and bond, cups gold and silver, and other sil know their thoughts concerning it; and when ver vessels and jewels, his damage 10,000l. they had well advised concerning they answer And the same time with force and arms en ed, That seemed them, that the process and tered the king's castle Marlborough (where award the exile, and disinheritance Hugh was the constable) and took his goods there the son, and father, were erroneous and wrong found, 36 sacks wool, pair rich vest fully made, wherefore they agreed and unani ments, library, golden chalice for the sa mously assented, peers the land, and
the faith they ought
away 1000l. silver, also his charters, evidence,
prayed peers spiritual, That the award
which was made wickedly and wrongfully
gainst God, and manner right, (contre many other things, and his whole wardrobe IDieu tote manere droit) might the entirely, his damage 5000l. Excepting king repealed and annulled for ever; and said these differences losses, the petition further, That they nor none them ever as the same with his son's verbatim, and the er sented the award: but that every one rors assigned the process and award, are them the time when the award was made, the very same his rendering himself prisoner
writing made protestation, That they could the king, and his reception into the king's
two Berkshire, six Oxfordshire, three Buckinghamshire, four Surrey, one Cam bridgeshire, two Huntingtonshire, five Leicestershire, one Yorkshire, one Lin
against the form the Great Charter, wherein contained, That man shall forejudged,
the same spoils, devastations, and destructions upon his houses and lands they had done upon his son's, and used his debtors, tenants,
friends and people those his son; except
crament, one cross gold, another ivory and ebony, and other ornaments belonging the chapel; cloths gold, carpets, coverings, and
in is
or
to
at & of to of to in to as it to of
do
to in he
de
into bya of be
ofto beall
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;
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to
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6 of 10 of on
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;
33] STATE TRIALS, 13 Edward 1320. -the Despencers. [34
protection same, and expressed same caused come before the prelates, and wórds. And then follows the king (et some earls and barons, knights counties, and hous apres, nostre parlement summons Ever others which came for the commons of the
toyk treis semeins Pasch nostre reg realm (& avioms fait venir, devant nous pre quinzisme feisems devant nous proces del dit lates, aucunes countes barones, chivalers Ægard suite ditz Hugh leftz, Hugh des countes, autres que vindrent pur com
pere, restes paroles, l’honeur Dieu mune royalin) and caused published, seinte eglise, &c. ). And we afterwards, our That those that had petitions promote should
arliament York, three weeks after Easter, the 15th year our reign, caused come
deliver them. And after proclamation thus made, petition was delivered, complaint
made against the said Hugh and Hugh, until they came aforesaid and the contrivance
the said award they wholly concealed and kept from us, unto the very hour they came Westminster with force and arms, and inade their award against reason, thing treated
York, the said Hugh the son and Hugh the and agreed amongst themselves, their
father being brought before court, prose own authority, our absence, and encroached cuting their complaints, and praying upon the royal power, jurisdiction, and conu
them right; and the said Hugh the son for sance process and judgment those things,
before tion ther
the process the award, the peti
the said Hugh the son and Hugh the fa these words: To the honour God and
holy Church, &c. the whole award being cited
follows, quem parlement, &c. ). At which parliament
this record. After which recital
himself shewed and alledged the errors the which belong process abovesaid; and also Hugh the fa we could not ther alledged the same errors, and prayed seve nor right
rally and jointly, That the award was made belonged
our royal dignity; wherefore that time stop the said award,
the said Hugh and Hugh,
us. And further taking notice
erroneously and wrongfully against the laws that those great men, after the award inade,
and usages the realm, and against common prayed our pardon and release for confedera
right and reason, that we would annul and de ting themselves oath, writing, other
feat the said award, and that they might re manner without our leave, pursuing them,
mitted and reconciled our faith, and such and trooping with banners ours and their
cstate they had and were before the own arms displayed, and taking and possessing award: And hereupon hearing the reasons castles, towns, manors, lands, tenements,
the said Hugh and Hugh, we caused the pro goods, and chattels, and also taking and im cess examined full parliament, the prisoning people our allegiance and others, presence the prelates, earls, barons, knights and some they wounded, and some they killed; counties, and the people that were come, and many other things they did, order
reason the parliament (en presence des pre destroy the said Hugh and Hugh, England, lates, countes, barons, chivalers des countes, Wales, and other where, which some might people estoit venutz pur encheson dit called trespasses, and other felonies; also parlement) And we found the said award was appeared, those great men were enemies to, made without calling them answer, and and hated them the time the award and
without the assent
peers the realm
the great charter
which says freeman shall other way destroyed, but
command:
they
royal against the said ugh and Hugh, and for other reasonable,
the prelates, which are before, wherefore they ought not their parliament, and against judges, their own prosecution them, nor. the franchises England, have record (ne record aver) upon the causes.
banished, the said award. And we are bound the
our coronation, and obliged
pur ceo que causes contenues dit delay right and justice any one; and the agard furent pas duement approvets And pressing advice and request the prelates, further having regard that, that we caused given for the safety our soul, and avoid the parliament Westminster summon danger, and for take away example
due manner, and commanded our for the time come such undertakings and writs the said great men (who made the award) judgments, the like case, against reason. not make assemblies and alliances, come Wherefore we sceing and knowing the said
lawful judgment oath we made the land, and for right
our subjects, and redress amended wrongs done
his peers, the law
that they were not called
swer, and for these errors, and for that the them when we are required, according the causes the said award were not duly proved Great Charter, which we are not sell or.
. . ".
semblies London, without coming Westminster according summons; and then
process and award, made
said,
the manner afore
men, yet they force that parliament,
cane with notwithstanding
their our
with armed
well the (or hurt)
prejudice
us, the
court make an and cause
blemishment,
that manner, they held their eouncils and as dignity, against and our heirs,
we sent them come the parliament
came London
our crown
and
York, the advice and assent the pre Westminster they ought, yet they would not lates, earls, barons, knights counties, the
come, nor know their mind, nor the commons the realin, and others being our cause the award, though we had begun and parliament York (pur conseil l'assent. held the parliament days and more, and des prelatz, countes, barons, chevalers des coun
WQL.
causes, our royal power, full parliament
I. of letas
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35]
tez commun parlement
STATE TRIALS, 13 Edward 1320–Proceedings against [30
royalme, altres Everwyk Estauntz)
nostre been estranged wholly lord the king,
from the good pleasure our the false suggestions and evil the aforesaid Hugh and Robert,
null and defeat (de tut anentissoms
the said award the exile and disinheritance
the said Hugh and Hugh, and things
son, and Hugh the father, our faith and eace, and the estate they had and were efore the making the award points.
procurement
and their adherents, are come into the land raise the state Holy Church and the realm,
defesons)
the award quant que agard touche) and and defend the people from these mischiefs do fully remit and reconcile the said Hugh the and grievous oppressions, and maintain
abovesaid. Wherefore we command and pray And we award, that they have again (reient) you the common profit you and every
seisin their lands and tenements, goods and one you, aidant
chattels, &c. And we will and command, that places, and
times and the ways you know
where this award enrolled any places can, that the things abovesaid may speedily
our court, be cancelled and annulled for brought good effect and end. For know
ever. ' And so the roll was cancelled and certainly, that we, and those with
crossed, and remains this day, with this memorandum written under the Award. “These
things above written are nulled and cancelled
will not undertake any thing that shall not for the honour and profit Holy Church, and the whole kingdom, time you will see
and find, God please. Given Walling at York held three weeks after Easter the ford the 15th day October, the twentieth
force Award inade the parliament
15th year the reign tained roll sowed roll the month May. ”
our lord,
and hanging
con year the reign our most dear lord the this king. ”
From Wallingford she marched Oxford, After this, the Despensers soon regained their and short time Bristol, which she power, and queen Isabel having taken arms besieged, and soon took; and the next day against her husband, king Edward, assigned the after she came thither, Hugh Despenser the father, earl Winchester, was drawn and
. . . and our lord the
the honour and profit Holy Church,
king realm, and the whole
Despensers
her doing so, the following Proclamation
#. hearing trial, the 27th October.
misconduct these
the cause
without
“Isabel, the grace God, queen Eng
land, dame Ireland, countess Pontif,
Ponthieu and we Edward, eldest son the and, Knighton reports, was arraigned before
noble king England, duke Guyen, earl sir William
Chester, Pontis, and Monstroil, Monstrevil; there incutioned, which was way speech and we Edmond, son the noble king Eng made against him, here contracted
land, earl Kent, those whom these letters shall come, greeting Whereas no
toriously known, that the state Holy Church
and the Realm England, are many ways
blemished and abased, the evil counsel and abett Hugh Despeuser, who pride and desire lord and set himself over
“Hugh Despenser. the parliament Westminster, the 15th the king, your
father and you Hugh were awarded traitors and enemies the realm,and banished such, nover return without the assent the king full parliament duely summoned. Con trary which award, your father and you
others, hath taken upon him royal power Hugh were found the court without warrant:
against right, reason, and allegiance; and
like manner made use all the evil counsel
Robert Baldock and others his adherents,
Holy Church reviled, and shamefully put the value forty thousand pounds. Hugh, after
under great subjection, and the prelates this felony, you came the king and caused Holy Church spoiled their goods against God him with force against the peers the and right; joly Church defamed and dis realm, and other his liege people, destroy honoured many ways, and the crown Eng and disherit them, contrary the Great Char land destroyed divers manners, disherit ter: and also taking upon you royal power, you ance our lord the king, and his heirs, the Hugh and your assistants, with force and arms, great men the realm, the envy and wicked robbed feloniously the good people the cruelty the said Hugh many them, with realin; and Andrew Harleye, and other trai out fault and without cause, put shameful tors your adherents, murdered the good earl death; some disherited, others imprisoned, Hereford, M. William Sullee, and M. Roger banished, and exiled; widows and orphans Berfelde (at Borough-bridge) and caused wrongfully fore judged their right, and the taken my most honourable lord Thomas the good people the land, divers tallages and undue
exactions very often burthened, and divers oppressions grieved without mercy. which
earl Lancaster, and caused him judged false record, against law, reason, and the Great Charter, and also be murdered, mar
offences the said Hugh hath skewn himself
open tyrant and cnemy God and Holy
Ciurch, our most dear lord the king, and
the whole realm. And we, and many others earl Lancaster) barons and knights
with and our company, who have long drawn and hanged, false record against law
hanged upon the common
. . . ,
Hugh Despenser the son was soon after taken,
and you Hugh, you returned into the king dom, feloniously spoiled and robbed two do mands (merchant-ships called) goods
tyred, and put cruel death. Also
same march the French, “journey') Bo rough-bridge, you caused many my lord's (the
justiciary, the form
in
ofI ofofofbyinof an it to(3
du
by
it a is
all
of
to to
in
as
so
allof
of
in
to
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of,by ofby: ofto,at cel&
to an
of so all
isto: atisin of or of
in in in
in
dit
(in to
toof in
of
all
of
ofby
to toin be the
to of be de of
of
of
:
of
to
to so
In
to as inof
to
by
a of
of
II. to
to be
to
of ofin toatbeall a
to
of
by
of
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at ofto
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by
of
a
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to of to ; aofof
of
in
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by it, to is of
of
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& a all do
his
of in in to of to or of as in
as
Byby of itofofit all
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of
goof orinto
for
by
a inasofofby
to be
to
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be us, or as to
to
as
on
le aifa
in
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37] STATE TRIALs, 13 Eowamp II. 1320–the Depencers. [38
and reason, and caused other great men to be and are sound traitor, and therefore shall put in prison and murdered to get their estates, drawn and quartered and for that you have
as Roger Mortiumer the nephew and uncle, been outlawed the king, and common Hugh Audeley father and son, and the earl of assent, and returned the court without war
Hereford. Hugh, after this destruction of the rant, you shall beheaded (vous serrez decol nobility, you Hugh, your father, and Robert lez) and for that you abotted and procured
Baldock, usurping royal power over the king,
led him and his people into Scotland against enemies, where you Hugh your traiterous
discord between the king and queen, and others the realm, you shall embowelled, and your bowels burnt. Withdraw, traitor, tyrant,
conduct caused him lose 20,000 his peo and take your judgment, attainted wicked
Hugh, this treason nor this tyranny would sa trial common jury, his peers appears; tisfie you, until royal power gained over the and the attaint was only this speech made king, you destroyed the franchises Holy against him, and most what was objected
Church and the prelates, the bishops Here him had been pardoned act Parliament.
traitor. ”
realm, and return without doing any thing. — IIe was this time earl Gloucester; and
ple, his great dishonour, and damage the
-
ford, Lincoln, and Norwich, taking their goods out their churches: and whereas you knew God had done great things my lord (the earl
On the 24th Nov. was drawn and hanged upon gallows 50feet high, and then quartered,
and his head fixed upon London-bridge. Those
Lancaster) you caused murdered, you who brought him placed armed guards, and shut the church reward 2000l.
the queen had for their she had promised.
The annullment
the Despensers, parliament, Edw.
Rd. Thomas and self, lands properly belonging the crown, Despenser petitioned the king full parlia disherison thereof. Hugh, whereas the queen ment, reciting the petitions Hugh the father, and her son passed beyond sea the king's and Hugh the son, the king full parlia
doors, that none should enter honour God
and his Saints. Hugh, after these mischiefs,
the Exile and Disherison Edw. was made void And afterwards the
you advised the king give unto the false trai
the earl Winchester, Andrew Harkley, parliament summoned
command point
save the country Guyen, lost your traiterous counsel, you
ment holden York three weeks after Easter,
great sum money some
your wicked adherents, destroy the queen annulled for these Reasons: 1st, they were and her son, (q'est droit heir del realm) who not appealed, called answer, nor due pro right heir the kingdom, and hinder their cess made against them according law. 2nd, coining over. Hugh, your father, Robert Bal Because the prelates who were peers the dock, and self, and other false traitors your ad realm did not consent the exile and dishe herents, taking upon you royal power, made rison. 3rd, Because was against Magna great and small force swear and assure Charta, that any man should exiled tried, you, maintain you your false quarrels otherways destroyed, without judgment pretences (en vouz faur quereles) not having his peers. This admullation was afterwards made regard that such confederacies were false and void, Edw. He prayed that statute might traiterous, against legience and the state the made void, and the articles and things con king and his crown. And forasmuch you tained for the reasons abovesaid. —And Hugh, and other traitors, knew that the queen hereupon the king caused the prelates, dukes, and her son were arrived the nation, your barons and commons, summoned his parlia
sent over
evil counsel you caused the king
§.
ment, diligently examined, what they himself, and from them, and carried him out thought, whether the statute Edward was the kingdom, the danger his body, and defeasable Who upon good deliberation said dishonour him and his people, feloniously was, for the causes before expressed; also taking with you the treasure the realm, con considering that the repeal made king Ed trary the Great Charter.
—Hugh, you are ward was such time as his father Ed found traitor, wherefore the good people ward was living, being very king, and pri
the kingdom, great and small, rich and poor, son, that could not resist the same. -And- common assent, award, That you are accordingly the same was made void,
found thief, and therefore shall hanged;
the 15th year Edward 2. -In which par liament the Exile and Disherison of both were
be
to
of
by
of
in tor
of
his
as to a
to
to
of abeto
of to to
of
is of in
of
by
to
of
it
no of be
go
to by by by
do in to to all in to toof to as
of
to be
by
23 in to in 1
a so go
he
at
2
be
it, all
byat
toto 21 of ;
by as
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of
of
to,
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or
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3.
or at of
1 as of
be by as a
3. 15 of be 2.
he
to
to to
of
in in 2,
by or of be of
by
in3, orof
by
it
to
of to
in
of le to
39] STATE TRIALs, 15 Edward
Proceedings against ADAM for Treason, Edw.
Brady's Hist, 147. Claus.
IN the parliament summoned meet
London the beginning Lent 1523, Adam shire, which being found, the king immediately
Orleton, Torleton, bishop Hereford, seized his temporal possessions.
was arrested high treason, and was examined The record which was restored before the king and lords, divers Articles. temporalities the 1st Edward reciting
was laid his charge, “That had en the record his trial the country, gives tertained certain the king's enemies, had ap more particular account his crimes, and peared the field with them, had furnished forms us, That inquisition taken Here them with arms, and had given them his assist ford before the justices the King's-Bench, ance, favour, and advice. ’ The bishop being
shrewd and learned man, said little first
this accusation, but being further urged,
answered, “My lord the king, saving due and rebel the king his father, and that reverence your majesty, being humble sent certain men arms his assistance; minister God's church, and consecrated and then being accused for these things before bishop, though unworthy, ought not answer the justices, and his father, alleged, that such high matters without the licence and au without offending God, and holy church, and thority my lord the archbishop Canter without
bury, who next the pope my properjudge; ought
also with the consent the rest my ceed
fellow-bishops. ’ The archbishop Canterbury bishop submitted not the inquisition, yet the with his suffragans, rising up, implored the justices went on, and for that was found king's mercy for him; and was delivered that inquisition that the bishop was the con the custody the archbishop till the king federacy the said Roger, and sent his should resolve when summon him again,
answer what might farther laid his
charge. Soon after the king snmmoned him
again answer his court justice, which
the archbishops, &c. hearing of, they came
great form, with their crosses, and took him
away from the bar, threatening excommu
nicate that withstood them. Upon which
Edward caused bill indictment pre
the 1st his reign. ”
Earl LANcAstER, for Treason,
Edw. III. 1327. [Parl. Edw. III. ]
the following Record:
Despencers.
repeatedly took arm: against the king, and We have inspected the records and proceedings,
finally, 1322, was taken Boroughbridge, had our last parliament called West and being impeached Treason, &c. before the minster, these words: Henry Lancaster,
Proceedings against Thom
Edw. II. 1322, M. 17. Stat.
THOMAS earl Lancaster, first cousin
king Edward had been one the chief op Judgment against the earl Lancaster was re
#.
avourites Gaveston and the
that king's misgovernment, and his versed,
appears king,
king Pontefract, was sentenced drawn, hanged and beheaded, but the favour the king was only beheaded.
By the same Judgment, and for the same crimes, suffered these barons, Warin Lisle,Wil
liam Toket, Thomas Manduit, Henry Brad
born, William Fitz-William, William Cheyny, Roger Clifford, John Mowbray, Gocelin D'Enynvill, Henry Teyes, and Bartholomew
brother and heir Thomas, formerly earl Lancaster, came this parliament, and exhi
bited before the lord the king himself, the no bles, and great men the kingdom, and the
council the said lord the king there then be ing, certain Petition these words: “To our
lord the king and his council prayeth Henry Lancaster, brother and heir Thomas hereto fore earl Lancaster, That whereas the said
Badlesemer who was beheaded only, Roger Daunory died death.
Canterbury, Thomas was formerly, before the lord Edward natural heretofore king England, father our lord the king, that now and his council, Pon
1322–Proceedings against the [40 ORLEToN, Bishop Hereford,
1323. Edw. III.
Cobb. Parl. Hist, 77. M. 13. ]
ferred against him
the grand. jury Hereford
was presented, “That Adam bishop was the confederacy Roger
Hereford Mortimer
enemy
Wigmore, who was then reputed
leave the pope, could not, answer, nor ought the justices pro take the inquisition; and though the
assistance men arms: was adjudged
the justices, should convict remain the custody the archbishop Canterbury, and
that his lands and tenements, goods, and chat
seized into the king's hands, and
tels, should
remained
record,
the king Westminster, the 16th February,
He “The
whom, Greeting. &c.
seized, until the date this which they were restored. Witness
the first parliament Edward the,
of at
at
3,
of ofinto to
de
2, 3.
his
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of to ofor upofp. ainto of
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on 16 of to
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to
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of of it
of of heto of
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of
of
deof
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in 1. of of of ofhe
an state TRIALs, is Evans II isza-Early lawarf. Two. [43
tefract, in the 15th year of his reign, unrea and enemy sonably adjudged to death by an erroneous the town
proceeding against him at that time had, by
reason of which judgment he was put to death, and, in consequence of the same judgment, his
the king and kingdom, set fire Burton aforesaid, and feloniously the houses and goods the
heirs were disinherited, the record and proceed
ings whereof are in Chancery, it would please banners displayed, and hostilely disposed his,
our lord the king to command the Chancellor that he should cause the record and proceedings of the aforesaid judgment to be brought hither into parliament, and that they be recited and ex amined, to the end, that if any error be therein, the same may be duly redressed, and right in
military forces fight against the said lord the king, against his homage, fealty, and allegiance,
which was bound the said lord the king, awaiting the same plain the approach,
the lord the king, and thereupon when the said earl Thomas observed that the said lord
#. Rolls of the year aforesaid of the lord king ward, father of the lord the now king, in his
the premises
to the said
as brother
coming great and drew near him with
3.
Henry,
and heir of the said earl, and his inheritance
delivered to him. ’ In consideration of which the other traitors aforesaid, confusion be-, Petition, it was commanded to the Chancellor took himself flight and fled, and such, by the said lord the king, that having examined flight, while the lord the king pursued them
cery, he should cause the record and pro ceedings aforesaid to be brought hither into
with great force, committed divers depreda tions and robberies, until the said earl Thomas. together with the traitors aforesaid, with arms: and horses and banners displayed, came Boroughbridge, where support the lord the king were certain faithful subjects
parliament, &c. , which said chancellor after
wards brought hither the record and proceed
ings aforesaid in these words: “Pleas of the
Crown of the lord king Edward, son of the lord
king Edward, held in the presence of the said
lord the king, at Pontefract, on Monday next
after the feast of the Annunciation of the
blessed Virgin Mary, in the 15th year of his with horses and arms, and banners displayed;, reign. Whereas. Thomas, earl of Lancaster hostilely made attack upon the aforesaid was taken, and for treasons, homicides, burn faithful subjects the lord the king there be ings, depredations and divers other felonies ing, and feloniously slew some them and brought before the said lord the king, in the fought against them, until the said earl Thomas, presence of Edmund earl of Kent, John earl together with the other traitors aforesaid, was, of Richmond, Adomer of Valence earl of Pem routed and taken, and some those traitors, broke, John de Warren earl of Surrey, Edmund were taken, and some were slain, and some earl of Arundel, David earl of Athol, Robert took flight; and there remained the earl Danegos, the Barons, and other great men, said earl Thomas, doubt but that together of the kingdom: The lord the king causes, it with his other traitors, wished get the better to be recorded, that the said. Thomas, being a, and conquer the same lord the king. All
burned part
same town; and after that the said earl with the other traitors aforesaid, went out the
said town the plain thereto adjoining, with
was
power, the said earl Thomas, together with all
liegeman of the said lord, the king, came to Burton-upon-Trent, together with Humphrey
de Bohun, late earl of Hereford, a traitor to the
king and kingdom, found in war against the lord
the king, with banners displayed, at Borough other great men, and
bridge, and there slain; and Roger Damory, kingdom; and therefore
a convicted traitor, and other traitors and ene the said earl Thomas for the treason aforesaid
mies to the king and kingdom, with banners should drawn, and for the homicides, depre displayed, so that in war he hostilely, for three dations, burnings, and robberies aforesaid,
successive days, resisted the lord the king, should people and attendants, and prevented them mitted
hanged, and for the [offences, com the] flight aforesaid, this behalf beheaded. And more than this, al
passing the bridge the said town Burton, they should have done, and then feloniously
slew some the men the said lord the king, reason, whereof the said lord the king, order repress the aforesaid malice and re sistance the said earl and others, and for the
maintenance the peace and tranquillity kingdom and people, and the rights
royal crown, and for the repelling and re
moving the aforesaid force seditiously collected, sought elsewhere passage over the
river Trent, and from thence powerfully rude against the said earl and others, and the afore said earl Thomas taking notice this, together with the other traitors aforesaid, traitor
should
the lord the king, having full authority from, the lord the king resist ways and by:
means their power, the enemies and traitors the lord the king, and the aforesaid earl Thomas, together with the other traitors,
which treasons, homicides, burnings, depreda
tions, and hostile fightings, with horses and arms and banners displayed, are manifest and,
notorious, and known
the earls, barons, and
though the aforesaid earl Thomas time past, wickedly and maliciously against homage,
fealty, and allegiance, often conducted and be haved himself towards the lord the king, wit, Whereas the lord the king had Newcastle upon Tyne, victuals, horses, and armour, jewels, and divers other goods great quantity and
value, which goods the said earl Thomas, with horses and arms, and great multitude arm men, took, stole, and carried away, whose
said stealing and trespass the lord the king, special grace, remitted and pardoned the
said earl Thomas, and the other offenders the said stealing, the hope bringing the
the people the was adjudged that
of a
of so
as
of in
his
of of ed
of to
all
of by
in
a
no
ofan
to
of
to
of
all
to in
a
hishis
by
as
his
to of
of
of
of
of
of
ill
to
of
at in
of
on his
of
bein be
be
to
of
to
he
to
a
so
to to
a it in to
to
in
ofofas inaof to to of
inof to . ofto
to
in
he on
to to
43] STATE TRIALS, 15 Edward 1322–Proceedings against [44
said earl Thomas better way thinking. king could not, obedience his command, And moreover the aforesaid earl Thomas, having come to York to be near the said lord the collected to himself divers men with an armed king And whereas the lord the king had re
force, came different parliaments the lord moved from the neighbourhood York to the king, and oftentimes hindred the same lord wards the south, and had proceeded with his
the king from holding parliaments,
tained him and his crown and oftentimes took ho heed
per followers near Pontefract, the said earl hold them, Thomas and his people came out the afore
attend such
parliaments according the commands the basely and contemptuously shouted against the
lord the king, but contemptuously disobeyed lord the king with great tumult, the great
the same, and also often held different, larger contempt the said lord the king, the and smaller, illegal meetings against the lord lord the king had been their enemy, and not
the king different places, and against the their king and lord: Also, whereas the said earl prohibition the lord the king. Also, whereas Thomas, together with the aforesaid earl inany offenders and disturbers the peace Hereford, and the other traitors conspiring with the lord the king, whom the said earl Thomas him, endeavoured obtain and effect con had drawn him and got together, had com federacy and alliance with Robert Brus, mitted homicides, thefts, and divers other felo Thomas Randolf, James Douglas, and other mics, means whereof they deserved re Scotsmen, enemies the lord the king and ceive judgment death; and the said earl the kingdom, concerning the manner and form Thomas like manner, according the law which confederacy and alliance certain and custom the realm, deserved receive indenture was found upon the said earl of judgment death for supporting and harbour Hereford when was slain aforesaid,
ing the said offenders: Also, whereas earl Thomas afterwards coming, with great multi
tude armed men, the parliament the lord the king, held York, prevailed the lord
the king remit the prosecution account
the breach Lis peace, against the said earl
Thomas and the offenders aforesaid, the
number about thousand persons, notwith
standing the said earl Thomas had before that
time sworn the observance of certain ordi monsieur James with their forces, shall come
nances that the lord the king should not remit
the said earls Lancaster and and their allies, soon they shall any place, where the whole may
Hereford, fortified
prosecution for breach his peace this sort, arising out the death
whereas the said lord the king,
bring the said earl Thomas good course,
favours and pardons; nevertheless the same Earl, always persisting his evil doings, with
his might stood forward rebellious and dis obedient the lord the king: Also, the said earl Thomas sent the city York certain knights his family order draw the com monalty that city, and the custody thereof into the hands the said Earl and also the said earl Thomas, different manners, usurped
himself, and strove usurp kingly power the disinherison, far him lay, the
lord the king this respect: Also, whereas the lord the king, being lately York, had com
W. Ireland, and with them live and die main tenance their quarrel, saving any claim, con quest, lordship the said lands England,
Wales, and Ireland. And the said king Scotland, and the said earl Murrys, the ste ward, and monsieur James, for themselves and their forces, will engage this thing,
the said king Scotland should himself af. flicted sickness, other great impedi ment, whereby should not able come
his own person, then case the aforesaid earl Murryf, the steward, and monsieur James, with their power aforesaid, make good and perform what above said, the said earls
concerning the journey the said lord the
the king England, invade them and when ever the earls Lancaster and Hereford, and their allies, have finished their contest, they will sincerely exert themselves that good peace may made between the two countries
England and Scotland, the utmost their power, the end that they shall hold their
king into parts then being
Scotland, the said earl Tho. his castle Pontefract with
armed men, sent his people
great multitude
obstruct their passage the neighbourhood
Pontefract, well along the roads over the bridges, whereby the counsellors the lord the
cases man: Also,
able assemble together, and will the utmost of
order
their power harm those whom the earls Lancaster and Hereford, and their allies, wish be harmed, and save from harm all those whom they wish have saved; and also will
before said, had voluntarily, various times,
given him, who, with his might was act
ing opposition the lord the king, divers
large gifts the lands and franchises his come the said earls of Lancaster and of demesne, and charters had granted Hereford places where they may wish that the said earl Thomas certain gifts, different they should come England, and in
manded divers great men, and others the
kingdom, with whom was desirous con
sult, that they should come York, treat would engage that they would never aid of
said castle, and insult the lord the king, most
these words: “The credential which John de
Denum communicate Robert, king Scotland, and Monsieur Thomas Randolf,
earl Murryf, steward monsieur James Douglas,
Scotland, and which ever of
them shall first met with
caster, and earl Hereford, and their allies;
that say, that the said king Scotland, and the said earl Murryf, the steward, and
Lancaster and Hereford, and their allies,
the earl Lan
to
or of
ofheof asto to
as
in on toto
asof it
to
to to all is
as in in of of
inof
by a
in he to in at of at as
of to to all to
be
of to a
of
in all
is be to
of ;
ofa in to
be
of
the
ofis
to all of of of
he
to
in
so
to
his to
at
to
of
by
is of to to
ofof to
in to of
by to
of to
of to of of to of to
of
inof toa
to in to of
of ; of a of to
to to of of
of ofin of tointo
to
of
of a
to
to
asto ofa of
of of
II. :
of
of
to
in
in toof ; byorof
be
do to to to
as
to
or by
in
or
if of
to of in
of
of
of
bebeof of to
to of
of
in
of
dea as if
at a
as
of in
in
inaon toof
of
45] STATE TRIALS, 15 Edward 1322–Earl Lancaster for Treason. [46
land Scotland peaceably they their's and other felonies, into whatever court the England. ”—And finally, whereas the aforesaid king shall brought, concerning such sedi
traitors, adhering the same earl Thomas, had tions and other felonies laid his charge, lately, with his army with force and arms, en ought, the law and custom the realm, tered the lord the king's castle and town arraigned and put answer, and thereof
convicted before should ad die; although the aforesaid earl
there and Bridgenorth had committed depre Thomas,
dations, burnings, and homicides, and other king's father, &c. was taken time peace,
crimes; and the same traitors, fearing the near and brought before the same lord the king, the
Gloster, and against the will the lord the law king, occupied the same castle and town; and judged
liegeman the aforesaid lord the
approach the lord the king them, quitted the said castle and town Closter, and from thence betaking themselves slight, hastened
the said earl Thomas their principal re fuge and chief maintenance, which said earl Thomas notoriously manifesting treason and maintenance that respect, received those his fellow-traitors, and joined himself them for the purpose carrying hostilities against
the lord the king, and exciting war the king
dom aforesaid, and sent his own people, manifest that the whole time which was
aforesaid, the chancery and other places the courts the lord the king were open, and them law was done every one used
the aforesaid punishments adjudged against this kingdom, and the Great Charter the him; nevertheless, because the said earl Thomas Liberties England contained, that no descended of an excellent and most noble free-man shall taken, imprisoned, disseised
together with his fellow-traitors aforesaid,
besiege the lord the king's castle Tykhill; and
also sent engines for throwing large stones
upon the aforesaid castle and upon the men
therein being the part the lord the king; said lord the king's father, &c. caused
which traitors moreover besieged the said castle recorded that was guilty, and when was for three weeks, continually making assaults, sentenced death, was time peace; par and carrying hostilities against the same, ticular because, throughout the whole time
and there slew some the lord the king's men; and afterwards the aforesaid earl Thomas, hav
-
trated the aforesaid iniquities, crimes,
fled, forcing his towards the said Scottish enemies the lord the king and
done, nor did the same lord the king ever that time ride forth with banners displayed; the aforesaid lord the king's father, &c. ought
the kingdom, until came boroughbridge
aforesaid, where was taken aforesaid not, such time peace, have caused such Wherefore the lord the king, having regard record made against the said Earl, nor the great crimes and iniquities the said have sentenced him death, without arraign earl Thomas, and his most gross ingratitude, ment and answer: Also, says, that there hath reason shew any favour the pre error this, that whereas the aforesaid earl mises the said earl Thomas, pardoning any Thomas was one the peers and great men
said lord the king's father, &c. caused
recorded, that the same Thomas was guilty the seditions and felonies the said record and
proceeding contained, without this, that thereof arraigned him, put him answer,
the custon according law, &c. and so, without arraignment and answer, the said
Thomas erroneously and against the law the land, time peace, was sentenced death;
reason whereof, because notorious and
charged against the said Earl, that com mitted the aforesaid offences and crimes the aforesaid record and proceeding contained, and also the time when was taken, and when the
. . .
parentage, the lord the king, from respect
the said parentage, his special favour remits the aforesaid earl Thomas the execution of two
his freehold franchises, his free customs, outlawed, banished, any manner destroyed, nor shall the lord the king, him
the punishments, adjudged aforesaid; self others, proceed against him, but wit, that the said earl Thomas not drawn lawfuljudgment his peers, the law
the
nor hanged; but that, upon the said earl the land, the aforesaid earl Thomas was the Thomas, execution alone done, that he be be record the lord the king aforesaid, headed. ” And upon this the aforesaid record and time peace, erroneously sentenced death
proceeding having been recited and read the presence the lord the king, and the nobles and great men the kingdom, here parlia
without arraignment answer, the lawful judgment his peers, against the law, &c. and against the tenor the aforesaid Great Char
ment, &c. being, was demanded the afore ter; Wherefore that the errors aforesaid may
said Henry, for what reason caused the
aforesaid record and proceeding come hither, who says, That brother and heir the
be corrected, and the aforesaid Judgment an nulled, erroneous, &c. and that he, bro
ther and heir the said Thomas, may ad mitted his inheritance, &c. ; and because, upon inspecting and more fully understanding the record and proceeding aforesaid, account
aforesaid Earl, and proceeding aforesaid errors occurring
caused the record and come hither, account
the same record and pro ceeding, which prays may corrected, &c.
the aforesaid errors, and others found the same record and proceeding, adjudged the -that there error this, that every liege inan same lord the king, the nobles, great men, and
and told shew the errors, &c. who says,
the lord the king, taken time peace
for -
to.
the commonalty the kingdom the same seditious, homicides, burnings, parliament, that the aforesaid Judgment given
-
-of of
toof isof
to
all
of
be
by is in
in
on
byin be
or
to
of to in of
it of
is
of
in
of at
he is
tono so
as is
of
- in to of to onon of
toas
he heit he
* in in to heis of he
of
of
as
ro he oofonof
up to totoas inbe tohe as by of his of
on of
of
to
it is,
as or or by
in
in
in
he ofto be
to as
of
as
to
by
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in he
it be
he it
of
of of in
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in
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II.
of or
in in to
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to ;
to
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in
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of ofbe to
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of of inof of he
of
be
of
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in
of
of
is
to
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as he
to of be
to
is he to it to in
oror of is up
as it
to
47] STATE TRIALS, 20 Edwamp 1327. —Proceedings against {4s
against the aforesaid earl Thomas reversed rolled, that they cause the same record and and annulled being erroneous; and that the proceeding made void and annulled, &c. ;
aforesaid Henry, brother and heir the same And we, for the greater security the same earl Thomas, be admitted claim and have Henry, have brought the aforesaid record an his inheritance due proceeding that behalf proceeding exemplified according the
had customary, and that have tenor these presents. -In testimony, &c. writs the chancellor and justices, whose Witness the king York the third day courts the said record and proceeding are en March. ”
Proceedings against KING EDw ARD Edw. II. 1327. Brady's Hist. 161. Appendix Brady's Hist. 68. Claus.
20 Edw. II. M. Dors. M. Dors. ]
THE earl Lancaster having taken king realm. –3. Also, For want good government Edward prisoner, made great haste with lost the kingdom Scotland, and other
him towards Kenelworth, for thirteen days lands and dominions Gascoigne and Ireland, time he was got no further from Monmouth which his father left him peace and amity
than Ledbury Herefordshire, which place with the king France, and many other great the writ for proroguing parliament that was persons. —4, Also, his pride and cruelty pretended have been summoned the king destroyed holy church, and the persons holy
meet fifteen days after St. Andrew, was church, putting some prison, and others dated the 3d December. Witness the king distress; and also put shameful death, and Ledbury the December. The writ imprisoned, banished, and disherited many
for this parliament, which was meet fifteen great and noble men the land. —5. Also, days after St. Andrew, believe can where Whereas was bound his oath right found, which was holden Isabel all, would not for his own profit, and
queen-consort England, and Edward his the covetousness him and his evil counsellors eldest son, guardian England, then being which were with him; neither regarded the
out the kingdom, said the writ,
December, &c. for proroguing
other points coronation, abandoned
could worse,
person,
the oath which made his was obliged. —6. Also, He
dated the
that parliament Twelfth-day; present,
and son.
his realm, and did much destroy and people; and what
Norwich delivered
Aquitan same place.
Woodstock, and the next day Roger Mortimer and the duke
treasurer England, and written William Mees, clerk, his secretary and public notary. Having approved the Articles, they were common agreement sent the king, then pri soner Kenelworth-castle, three bishops, two earls, two barons, two abbots, and
Epiphany, him personally his said consort But the miserable king knew nothing
the morrow holden
his cruelty and the default his found incorrigible without hopes
his absence
amendment. All which things are noto December, with his teste; for the great rious, they cannot gainsaid. ”
summons dated Ledbury the
this
seal was that day the keeping the bishop
These Articles were conceived and dictated John Stratford bishop Winchester and
Edward the king's son)
the
o: amongst whom was William Trussell before
The parliament (as called) met the 7th January The first thing moved the bishop Hereford, and many other bishops
joining with him, was, Whether king Edward the father, his son Edward, should reign
noted, Proxy the whole parliament, re
They
long they before
sign homage fealty
king, William Trussell,
over them
agreed the son should have the government
their and did this manner:
“I
which
were uot
the kingdom, and crowned king, for the procurator the prelates, earls, and barons,
causes following:
First, For that the person
was not sufficient govern; for
was led and governed others, who gave
and other people my procuracy named, hav the king ing for this full and sufficient power, resign
his time
and deliver you Edward king England, the king before this hour, the homage
him evil counsel,
good
himself good counsel, nor take nor the thing you king, but shall hold you
good government his kingdom; but always private person, without any manner royal
gave himself works and employments not dignity. ” The ceremony ended Thomas. convenient, neglecting, the business his Blunt, the high steward, breaking staff
and destruction ple, not considering
return them upon you
free the persons aforesaid, the best manner that law and custom may
rd,
when men
the dishonour himself,
and fealty holy church and peo named, and
Edwa
knowing whether was evil; nor would remedy these things, was requested the great and wise his realm, suffer them amend
and make quit
it; and make protestation the name
those that will not for the future your ed. —2. Also, his time would not give fealty, allegiance, nor claim hold any
the persons my
the
".
to
ofheor
of (i. to or
to be 2 [2
to In
of allor
or
e. at
in 3d
as
isby as
he
of
if inhe
at in
it,to
of to it
of
of
on byby no
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ofto to
:
beto 3d
or
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be
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it as a
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7.
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49) STATE TRIALS, 20 Edward 1327. —King Edward [50
and declaring
though were dead. — father, the counsel and advisement the Moor tells us who the three prelates, earls, barons, great men, and commu bishops were John Stratfort, bishop Win nities aforesaid, have taken upon the govern
chester, Adam Torleton, bishop Hereford, ment the said kingdom, and received the ho and Henry Burwash, bishop Lincoln: three mages and fealties the said prelates and great
from service Sir Thomas de
the king's officers discharged And we yielding the good pleasure our
principal companions transacting this affair.
The bishops Winchester and Lincoln came
before the rest the king, who with keeper
the earl Lancaster, persuaded him resign That presently after sight these presents, you
crown son, and circumvented the king, cause our peace publicly proclaimed promising him much honour after his resig through your whole bailiwic, forbidding and nation before; and the other hand, singular, under the pain disinheriting, and threatened him would not, the people losing life and member, that they presume not should yield their homage and fealty, and re infringe violate our peace, but that men
so
lood. With these and other importune pro violence, according the laws and customs
men according custom. Therefore desiring our peace for the quiet and tranquillity our people inviolably observed, we command,
his sons, and choose one not royal do prosecute their suits and actions without
mises and threats, they obtained their desires. the land, &c. Witness the king Westmin
ster the 29th January. ”—On the first Fe bruary, being Sunday, was crowned.
great grief and reluctancy from the king, who what was transacted. The nation observing
And then the bishop Hereford brought
other commissioners, sent the parliament,
into the king's chamber, where the whole mat
they came for was dispatched, not without prisoner Kenelworth castle, not knowing
swooned away. Walsingham reports,
what had been done, seeing the queen engaged, and the prince carried along with them, began
sensible the king's condition, and
consider the pretences
think how they might son prince Edward chosen king. Of vent further mischief.
which when the queen had notice, she was full Lancaster, began
grief outwardly. But the prince affected with him, much pitying and commiserating deplo
The deposed king was for some time kept
London, the morrow of,
day, parliament, and judged king unfit rule, and for several reasons deposed, and
his enemies, and
should take upon the rule and government:
0L.
the nobility met day after Twelfth
this outward passion his mother, would not rable case. Many lords and others began accept the title against his father's will and con think how they might deliver him out capti
sent. The king, when received this news
the commissioners, was much disturbed, and
said since could no otherwise, thanked them choosing his first horn son, making
vity; the notice, rather suspicion thereof,
much startled Mortimer, the bishop Hereford,
the queen, and chief actors this tragedy, re flecting upon what they had done, and fearing
the
resignation, and delivering
and tokens sovereignty.
returning the parliament
the king's answer and the royal ensigns, made the rabble rejoice; and presently the whole community the kingdom admitted Edward,
youth fourteen years age, their king,
the 20th day January, which they would have the first day reign. And from that time acted king before his coronation,
may appear the writ the sheriffs England proclaim his peace. —“The king
the sheriff Yorkshire, greeting: Because Ed ward, late king England, our father, com
mon council and assent the prelates, earls, barons, and other great men, and also the communities the said kingdom, his own free will removed himself from the government
i.
safe, least their designs must come
the royal ensigns
should get his liberty they could not
The commissioners London, with
nothing, and caused them think removing him from Kenelworth, and appointing him new
keepers. They hurried him up and down the
nation, that might not known where he
was and last brought him Berkley castle Gloucestershire, where was inhumanly
treated his keepers, attempting destroy him ways horrid indignities, brutish usages, and before uncontrived and unthought
affronts: but having been frustrated their
intentions, his natural strength body and
fortitude mind, the 22nd September,
night his bed, they stified and smothered him,
with large and heavy bolsters and pillows, and red-hot iron, through ductil-pipe,
into his guts his fundament; and this most the said kingdom, willing and granting, That cruel manner murdered him, that no wound
we his first-born and heir the kingdom, mark violent death might found upon
him.
kind him, and pre His keeper also, the earl
every way obliging
W
his
as to in
the
of
to be
at
be §.
he
of as ona of
ter
his
I. beof for oftohetoiton
as of his to
of
of by of
up
if as to de la all
us as be
he as in
of
he
of
of
of i. of
he of to
beto or
all
of by
on
of by
of
tohis
of
in a a of allby
be if
of
to
II.
ut
ofupin by
to ; be
at
of
to
toof of
his by
to at
in all
by
on of
at it
or
beaof to
to
to all
up
of
of of
his of ;
to hein
of
of
be us
in of to of of in
at
or at
to
of
be
to
II.
or at
in
to of be
by
or to
be beof
to
of
of
his
toto toto
of
all
all of
ofof
of
to
he
51] STATE TRIALS, 3 Edward III. 1330. -Proceedings against [52
-
8. Impeachment of Rog ER MoRTIMER, Earl of MARCH, for Treason,
3rd Edward III. A. D. 1530. [Knighton, Coll. 2556. Wal
singham. 3 Rapin, 419. Cobb. Parl. Hist. 84. ]
** AT the parliament assembled at Westminster, party, led the king armed against the said earl
on the 13th of March, 1330, the following Ar Lancaster, and other peers the land,
ticles of Impeachment translated from the for Winchester, when they were coming
French original now on the Rolls in the Tower, were exhibited against Roger Mortimer, earl of March: viz.
“These are the treasons, felonies, and mis chiefs done to our lord the king, and his people, by Roger Mortimer, and others of his company.
—1st. Whereas in the parliament holden at Roger, the said usurped power, caused the Westminster next after the king's coronation, it king march forcibly against the earl, and
with the king, advise him; and so prosecuted them with force, that the said earl and some others his company, that wished
was ordained, that four bishops, four earls, and
six barons should remain with the king to advise
him, and that four should still be with him, viz.