And accordingly the in
come into parliament, and there, before whole assembly, declared the cause coming be, “for the honour, rights and
the his
tercession and favour the lords, the king gave leave for his admission into the house, where offered purge himself lawfully
arliament the crimes objected against him he was referred the consideration of the
twelve peers, who had his cause hand berties the church, for the profit and com that time.
come into parliament, and there, before whole assembly, declared the cause coming be, “for the honour, rights and
the his
tercession and favour the lords, the king gave leave for his admission into the house, where offered purge himself lawfully
arliament the crimes objected against him he was referred the consideration of the
twelve peers, who had his cause hand berties the church, for the profit and com that time.
Complete Collection of State Trials for Treason - v01
D.
1530.
[Knighton, Coll.
2556.
Wal
singham. 3 Rapin, 419. Cobb. Parl. Hist. 84. ]
** AT the parliament assembled at Westminster, party, led the king armed against the said earl
on the 13th of March, 1330, the following Ar Lancaster, and other peers the land,
ticles of Impeachment translated from the for Winchester, when they were coming
French original now on the Rolls in the Tower, were exhibited against Roger Mortimer, earl of March: viz.
“These are the treasons, felonies, and mis chiefs done to our lord the king, and his people, by Roger Mortimer, and others of his company.
—1st. Whereas in the parliament holden at Roger, the said usurped power, caused the Westminster next after the king's coronation, it king march forcibly against the earl, and
with the king, advise him; and so prosecuted them with force, that the said earl and some others his company, that wished
was ordained, that four bishops, four earls, and
six barons should remain with the king to advise
him, and that four should still be with him, viz.
one bishop, one earl, two barons at least, and
that no great business should be done without well the kingdom, submitted the king's
their assent; after which parliament the said Roger not having regard to the said assent,
usurped to himself royal power, and the govern
ment of the realm, above the state of the king, them fined grievously, that half their and put out and placed officers in the king's lands, sold outright, would only pay it; and house, and otherwhere throughout the kingdoin others he caused be driven out of the na at his pleasure, such as were of his party, and tion, and their lands seized, against the set John Wyward and others about the king, to form the Great Charter, and law the land. observe his actions and words; so as he was en —5th. Whereas the said Roger knew well the compassed by his enemies, that he could do no king's father was dead and buried, others thing as he would, but only as a man under his party deceivable manner, informed
guard or restraint. —2nd. Whereas the king's the earl Kent that was alive; wherefore father was at Kenelworth, by order and assent the earl being desirous know whether was of the peers of the land, to stay there for his ease, not, used the good ways could
and to be served as such a great person ought discover the truth, and long, till the said to be ; the said Roger by his usurped power, Roger his usurped royal power, caused him
which he exercised over him at his pleasure, apprehended the parliament holden ordered that he should be sent to Berkley Westminster and pursued him, that par castle, where, by him and his confederates, he liament procured his death. -6th. The said was traiterously, feloniously, and falsely mur Roger, his usurped royal power, caused the dered and killed. —3rd. The said Roger by his king give him and his children, and confe usurped royal power, forbad by the king's writ derates, castles, towns, manors, and franchises
under the great seal, that any should come to the parliament at Salisbury with force and arms,
under pain of forfeiting whatever they had to
the king; yet thither he cane with others of his
party with force and arms to the said parliament
contrary to the prohibition aforesaid; where town
fore divers peers of the lands, as the earl of the Eyre four men, and the provost,
Łancaster and others, knowing the manner of the rieve bailiff the lord the manor)
his coming, would not be there : and whereas serve their own cost, for year his war
the prelates were assembled in one house, to
consult about the business of the king and realm,
the said Roger broke open the doors of the said
house with armed men, upon the prelates, and
threatened them with life and member, if any
of them should be so hardy as to speak or do that they should come the king wherever he any tiling contrary to his pleasure in any point.
And in the same parliament by the said usurp
ed power, he caused the king to make him
earl of March, and to give him and heirs were
several lands disherison the crown and 9th. The said, Roger falsely and maliciously afterwards the said Iłoger, and those his made discord between the king's father and
Salisbury, that the earl and avoid the evils that might have regard the king, departed
the parliament
other peers,
happened, out
and went toward their own countries, grieving, that they could not speak with, advise their liege lord they ought do. —4th. The said
other peers the land, who were appointed
grace, saving them life and member, and that they might not disinherited, nor have too great fine set upon them; yet caused
England, Ireland, and Wales, decrease
the revenues the crown. —7th. The said Roger deceivable manner caused the knights
shires, grant
the parliament Winchester,
the king one man arms out every England, that answered the court
Gascoigne; which charge contrived for the advantage himself and party, destruc tion the people. —8th. The said Roger,
his said usurped royal power, caused summons
charged
coigne,
prepare themselves into Gas fine pleasure; which fines the benefit him and party. —
sent many great knights and others,
was and when they came, caused them be
in
of
of ; his
for
by by
at of his
to so
of
to his go
he of in in
in
as in
to
or
so
of
to
(i.
to
to he
to
be
to
to in of in in
to so of to be or
to
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; beof
orto or he of bea by
to
of by of to
of soin
as
of to
at ofto at
of if to be
to to
as
he at so be a at
to
to
in
he
he of it by
of
by toe. toof of at to
he
all
in
to
of at
toas
53] STATE TRIALS, 3 Epward III. 1330. —Roger Mortiner, for Treason. [5
queen; and possessed her, that she went traitor and enemy the king and king him, she should certainly killed with dom, drawn and hanged, and commanded.
dagger, otherwise murdered; and this the earl mareschal execute the judgment,
way, and his other subtleties, ordered
that she would not coine her lieze lord and
king, the great dishonour her son and self,
and great damage the whole realin per assisting with the earl marescha! the execu chance time come, which God forbid. — tion which was performed accordingly the 10th. The said Roger his said usurped royal 29th November place then called the
power, had caused taken for him and his Elms, and afterwards Tyburn. ”—He was not party, the king's treasure, much pleased, brought answer, but condemned without without tale, money and jewels, de hearing, and for that reason this Judgment was
the king, that had not where
the articles peace, without any thing re judgment against Simon
struction
reversed erroneous, and made void act parliament, and his grandchild Roger restored his title and estate, 23 Ed.
pay for his victuals. -11th. The said the said usurped power, caused
withal
Roger,
be shared between him and his confederates, the 20,000 marks which came out Scotland,
The king, also,
earls, barons and peers,
parliament charged the give right and true Bereford,kt. who had
ceived the king. —12th. The said Roger,
his above-mentioned royal power, received the
king's duties and purveyance through the king
dom, had been king: and and his notoriously known the said peers; where
party had with them double the company men and horse that were with the king, de struction the people, not paying for their quarters any more than they themselves pleased.
upon they cane before the king parliament and said with one voice, “that the said Simon was not their peer, and therefore they were not bound judge him peer the land:"
and the mayor, allermen, and sheriffs Lon don, with the constable the Tower, and those who had the guard him, aiding and
been aiding and advising with Roger Morti mer the treasons, felonies, &c for which
was afterwards adjudged die, was
—13th. The said Roger,
power caused the king
ing 200 Irish chevaliers,
his said royal but since was thing notorious and known
those that killed the great men Ireland and others, who were the king's faith; whereas the king ought immediately have revenged their deaths, rather than pardoned them, contrary
agree the mount horse, being
all, that was advising, aiding and assist ing the said Roger the felonies, &c. afore said; and that was guilty divers other fe lonies and robberies, and principal maintainer
robbers and felons; they peers and judges
assent the king, award traitor and enemy the drawn and hanged; and
was
council, that his said secret friends had excited peers parliament had for this time, the
the statute and assent The said Roger contrived the king's secret friends,
parliament. —14th. have destroyed whom had most
parliament
and adjudge him,
confidence; and surmised the king, the presence the queen his mother, the bishops Lincoln and Salisbury, and others his
do ex But
mother, and affirmed
him the said Roger impudently the king,
hereafter this should them give judgment
precedent draw any other but their
felony.
queen
and this
that
had said: and for these things and many others, not yet declared, had been apprehended; wherefore the king charged the earls and barons, the peers the land, these things concerned himself, themselves, and the people the realm, right and true judgment upon him for the crimes above written, being notorious and known
king and realm,
the earl marcschal was commanded
ecution; which was done accordingly.
appears the same parliament roll, that
then also declared, that though the lords and
his (the said Roger's) king's presence, proceeded judges give destruction the judgment upon those that were peers; yet
him combine with enemics beyond sea,
could not
true, themselves, and the people the kingdom. ”
Thomas son and heir amined these articles, came into parliament Maurice lord Berkley: Maude, John son before the king, and they delivered their opi and heir John Charleton lord Powis; nion, one their body, “that things con lanche Peter de Grandison; and Beatrix
tained the said articles were notorious, and first Edward son and heir Thomas of
known themselves, and the people; where Brotherton, carl marshal, son Edward
fore they, judges parliament assent and afterwards sir Thomas de Broose. "
king did award and judge the said Roger Dugdale's Baron. 110.
believed against what
peers, case “The earl
treason
Agnes Lawrence Then the earls, barons, and peers, having cx broke, Margaret
James lord
wife Thomas wick; Joan married
Beauchamp, earl War
March left four sons, eldest, died the flower
Edmund,
his age, and left his son Roger, who was re stored his grandfather's estates and honours. The earl had also seven daughters, Katherine
whom
his
Audley; Hastings earl Pern
the
of to of
for to his
toinby asofto
as by byto in to
he of ofif of or
in
all all
of
fit beso
to of
to of so beby
of
to of
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ofto
to
2,
of
ofof
it
to
to to de
into in
to all it all
of to be
toof
by
asto
to to
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of
as in
bea to
in
be all he to his
of
of of
to
do
of
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of
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to
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do
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of in
to
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of be he
of in;a
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of by to it,a
oronno ofasoa deto ofto
in no to
to
3.
as
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toin it
to
as
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on
.
55] STATE TRIALS, 4 Edward III. 1331–proceedings against [56
9. Proceedings against Thom As DE BERKELE, for the Murder of King Edward 1331. [Rot. Parl. Edw. III. M. 16. ]
PLEAS the crown held before the lord thereof, the custody the same king; Where
king Edward, the full parliament next after the feast
the 4th year Edward.
since the conquest, his fore says, That concerning the death the Westminster, Monday same lord the king, assistance, assent,
Mautravers, being delivered
the castle the same Thomas
St. Katharine the virgin, the reign the same king
procurement his death, nothin guilty thereof; And this for good and
puts himself upon the country:-Therefore
this behalf let jury come before the lord the king his parliament Westminster,
days St. Hilary next be, &c At which day came the aforesaid Thomas before the lord the king his full parliament, and also jury,
wit, John Darcy, John Wysham, William Trussell, Roger Swynnerton, Constantine
de Mortimer, John de St. Philibert, Richard Rivers, Peter Huser, John Brynnton,
Richard. Revere, Roger Debenhale, and Richard Croupes, knights, who, their oath, say, That the aforesaid Thomas
“Thomas Berkele, knight, comes before the lord the king his full parliament assembled, and being spoken concerning this, That where
the lord Edward late king England, father
the lord the now king, lately was the same Thomas, and
the custody certain John
safely kept Berkele,
the same castle, the custody the same Thomas and John, was murdered and killed, how would
the county Glocester, and,
acquit himself
He says, That
sisting
even know any thing his death, until that
the death the same king?
never was consenting to, as Berkele nothing guilty the death
procuring his death, nor did
the aforesaid lord the king, father the lord the now king, nor assenting to, assisting
procuring his death: And they say, That
the time the death the same lord king Edward, father the lord the now king, was afflicted with such sickness Bradelye, without his castle aforesaid, that his life was despared of: Therefore the said Thomas acquitted thereof—And the jurors being asked whether the said Thomas ever withdrew him self the aforesaid occasion say, That did not. —And because the aforesaid Thomas placed keepers and servants under him, wit, Thomas
Gurney and William Ocle, for the custody the said lord the king, whom the said lord the king was murdered and killed, there fore, day given him before the lord the
Ralph de Neville, steward the household of the lord the king, &c. ”
present parliament; and this
ready
adjudge.
Since said lord
acquit himself the king's court shall —And upon that enquired him, lord the castle aforesaid, and the the king was delivered into the custody
them, Thomas and John, safely kept, and they took and accepted the custody the same
king, how can excuse himself, that should not answer for the death the same king And the aforesaid Thomas says, That true
that lord the castle aforesaid, and that he together with John Mautravers, took the custody the same king, keep him safely
aforesaid; but says, that the time when said that the said lord the king was mur
dered and killed, himself was detained
king, now his next parliament, hear his Judgment, &c. And the aforesaid Thomas de great sickness, that hath recol Berkele the mean time committed to
Bradelye without the castle aforesaid, such
and
lection
said
that he, together with the said John, obtained the custody the said king keep him safely
aforesaid, and placed keepers and ser vants under him, for such custody, can
any sickness excuse himself that should not
answer this respect? And the aforesaid king Edward, father the king that then was, Thomas says, That placed under him such That they falsely, and traiterously murdered keepers and servants the castle aforesaid, hin and that could take Thomas alive for maintaining such custody, whom con
fided himself; and who together with the
aforesaid John Mautravers, had, reason
what happened. —And upon this him, That since has acknowledged
What was done further concerning this
Thomas Berkele not find, but judg ment drawn, hanged, and beheaded, was
this same parliament given against Thomas de
Gurney and William Ocle, for the death of
was have 100l. bring his head, 100 marks; that could bring William Ocle alive was have 100 marks, his head, 40l.
by
he
no by he
of
he
in A. D.
in
to he at
of
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itis is is is
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be in
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II.
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or
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of
is
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do
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it it
hetohe or
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in
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57] STATE TRIALS, 14 Edward III. 1341. —Stratford, Alp. of Canterbury. [58
10. Proceedings against John STRATFoRD, Archbishop of Canter bury, for Treason, 14 Edw. III. A. D. 1341. [Rot. Parl. 14 Ed. III. 17 Ed. III. 2 Brady, 21. 1. 1 Cobb. Par. Hist. 100. ]
IN the year 1340, king Edw. 3, finding himself the war had been granted him for main distressed for money to carry on his war in taining thereof; and what means, and whose France, and thinking that those who had the default lost Tournay; and punish the
care ef his revenues were in fault, suddenly fenders things according law. And returned from Ghent into England, on St. what concerned him, saving always the
Andrew's day; about midnight he arrived at estate Holy Church, and his own order,
the Tower, and next morning he sent for the was ready points submit the judg archbishop of Canterbury to Lambeth, but ment of his peers. This letter was dated found him not there. He also sent for the Canterbury the first January. —In the same
bishop of Chichester his chancellor, the bishop of Lichfield and Coventry lord treasurer, and
several others his great officers, clerks of chan cery, and justices, and imprisoned them in the
month, wrote Robert Bouser late made chancellor England,
the bishop Chichester,
lay-man)
the place
preservé the
Tower, except the bishops, whom, says Robert land entire And let him know, that the
of Avesbury, for fear of the Clementine Con ninth had levied and destrained for upon
stitution, That bishops ought not to be impri prelates and others the clergy, who were not
soned, he permitted to have their liberty. On bound pay those that paid the tenth the 3d of December, the archbishop went to granted the clergy, and held nothing the
Coronation-oath,
Charter; the infringers whereof were, by the God and Holy Church, against the law and
so
things he had done to the great danger of his
his
and
of England and the Pope's bull, which privileges clerks, and the danger
e had by him, excommunicated. Which their souls, who did such things, gave advice
assent the doing
soul,
He tells him, he had pronounced excommuni the rights and privileges
cate all such about him that were favourers of forthwith release the clerks, and others, that Treason, flatterers and imposed upon him; had been imprisoned against the Great Char
and detriment of his state and honour.
beseeched the
king
preserve
. . "; untouched
and his spiritual father beseecheth him hold
them such, some which their sloth, and
wicked service and advice, lost Tournay. And
requested him call together the prelates, great vise the king commit such things, not men, and peers the land, see and enquire hinder the release those that were kept
whose hands the Wool, Moneys, and other prison. He also declared, That the king's things then remained, which since the beginning ministers officers, what condition soever,
liberties Holy Church, and the laws the
Canterbury, and secured himself in his church,
to escape future dangers. Thither the king sent Nicholas de Cantelupe with letters of credence, That he would come to him to London, where he might personally speak with him; but he came not, pretending some about the king had threatened to kill him. Yet though he came not, he wrote to the king, and admonished him to take good advice, and make use of good and wise counsellors, and to re member that by evil counsel his father had, contrary to the laws of the land and Magna Charta, imprisoned some great men and others,
king barony, were obliged come parliament; and also exacted the tenth such
were bound pay the ninth, oppressing the clergy contra Deum Justitiam, against God and justice Exhorting and requiring him the Lord not permit the religious and clergy
pay otherwise than according the form
precept that exercise such adjudged them to death, seized their goods, or power Holy Church had permitted him. — put them to grievous ransom: and what hap He wrote also the king and his council after
pened to him for this cause. He also put him in mind, That by the circumspection and discretion
of the prelates, the great and wise men of the nation, his own affairs had prospered, so as he possessed the hearts of the people; and had met more assistance from the clergy and laity than any of his progenitors. But at present, by the evil counsel of some English and others, who loved their own profit more than his honour, or the safety of the people, he had imprisoned clerks and others, against the laws of the land,
this manner: “To our lord the king and his
the grant
assent Charter,
the taxes, nor give his advice
any thing prejudice that might tend
the Great the subversion should make
church-liberties, declaring out any writ, commission, purpose, should not omit
council, and every one them
John, Divine permission archbishop Can terbury, and the pope's legate, declare
those that arrest clerks, put them prison, and detain them against their wills, are excom. municated canon. ” Which sentence pub lished the church Canterbury, and causcd
published his brother suffragans, bishops that province. After the denun
ciation which sentence, several clerks (there
against imprisoned prejudice the Great named) were taken and
ter, the laws the land, and privileges such were detained. And further beseeched all the king's council, who had presumed ad
them. Wherefore
Church, and
We
in
as
or
to
to of of by do of : : in all
of of
to
byof all
to
to of
to
in to
of
orof in
to
at he
of
ofas
heor of orit to
of
to
as
of
as of to
to
of
he
in of; all
to
of
it,
of of
as
of by
of,
to
by to
of toheor toofhe he
bein
by as
to
of in
of all all to it, of all
of
or
do of
of
to
to
in (a
to
to
to
in
to or if to he
to
to
to
to or as to to
in & of ofof by
59] STATE TRIALS, 14 Edward III. 1341–Proceedings against Stratford, [60
who entered the granges, houses, aud other places of archbishops, bishops, ecclesiasticks,
or other religious without the consent of their bailiffs, and took and carried away their goods;
and those that commanded these things
be done, were involved the same sentence excommunication. IIe wished the king
would vouchsafe apply remedy, for could not dissemble; but that against such,
his pastoral office required him, his brother bishops the province, should
execute what was his and their bounden duty. Yet was not his intention, that the king, queen, their children, should compre
ance money not coming him, was for
hended this judgment munication, far
be excused.
sentence excom necessaries: whence trusting his promised
wrote all the bi shops his province, and commanded them
declare excommunicate such deprived churches their rights, malice infringed
disturbed their liberties free customs;
and those especially that violated the ancient liberties and free customs of his church of Can
As had resolved,
law
right they might
assistance, again passed over sea, and ob
tained his sea-victory, before related and afterwards besieged Tournay, aforesaid; when every day expecting the archbishop's management relieved, great neces sities, with what had been promised him, his hopes failed and though many letters and messengers had signified him, and others
his counsellors his adherents, the wants and dangers was for want money, being put did any thing contrary privileges. Also off with frivolous excuses and fine words, by
ced contract improfitable debts under the greatest usury; and could not prose cute his expedition, but must necessity re turn into England where declaring the archbishop his streights and misfortunes, he called parliament, which gave him the ninths
above, and the clergy tenth; which fully collected, and due time, had probably been
sufficient for the carrying his war, and the payment his debts, the small confusion
his enemies. Then says the archbishop promised again assist him effectually toward collecting the subsidy, and administring other
terbury, any manner diminished them,
those that disturbed the peace and quiet the
kingdom, that gave advice assistance favoured them. Also those who any art trick whatsoever should violate, break, di
which they palliated their fraud and malice, he was forced unwillingly consent truce, to his shame, and the hindrance his expedi tion. length his faithful friends, compa nions, and participants his adventure and tribulation, with whom discoursed how he might most aptly delivered from his present misfortunes, agreed the fault was the arch
minish, change any the liberties and free
customs contained the Great Charter,
Charter the Forest, privately openly,
word, deed, advice, the ancient liberties
and free customs granted them the City bishop's, either sloth negligence, not
London, should declared excommunicate. malice murmuring against him, that he had And then directs them proceed the not corrected the insolence the archbishop same manner against such imprisoned and officers, which should not speedily, clerks, entered into the houses, granges, they threatened quit his service, and with &c. archbishops, bishops, &c. above. —
|. oppressing the people, and taking bribes
others less note committed prison and believing might have more full ac count the actions of his officers from the
archbishop, whom had committed for long time the administration his affairs,
sent Nicholas Cantilupe command him come speedily London, that might
would cause abundantly supplied the about the business the kingdom: but con necessary expences from the revenue our tenning his requests and messages, with an lands, and subsidies; adding further, That we haughty look answered, That would not need only take care have ready expert and meet, come to, confer with him, but full stout soldiers. Then he tells how he went be parliament; which that time was not ra
yond sea, and entered into war vast ex tionally expedient convene: then recounting pence, obliging himself his confederates his great bounty and beneficence toward him, great sums money upon the promised aid his extraordinary respect and affection him,
but trusting broken reed, and his assist and the mighty trust and confidence had
The king, moved with this behaviour the archbishop, wrote the bishop London, and the prior and chapter Canterbury, harsh and severe language, how had been used the archbishop, and charged him with many great crimes; as, that being exalted the throne his nonage, desiring directed
sound counsel, believing him fidelity and
discretion exceed men, and using him the director his soul, and likewise the affairs his kingdom, and receiving him into great
draw themselves from the confederacy. Whence thinking the discipline and correction his officers, removed some from their offices for male-administration, subversion
familiarity; and seeing the kingdom France
devolved him right succession, and
was usurpcd Philip Valois, with great
importunity persuaded him make confe
deracy against Philip with the German princes,
exposing and our affairs the charge and
hazard war; promising and affirming, That ters safe conduct, coine to, and inform him
have personal discourse with him; but being always proud, and fearful adversity, pre
tended danger from some about him, he should stir out the church Canterbury.
The second time Stratford, steward
sent him Ralph Stafford his houshold, with let
a
in
:in
to
to
in ifhe of if a ;:
; ifto
to
orall he or
a hebyits a
in
at
into of as or he be as to
to
as be
to at
or heof he to by in be to in of to to if be
heofby ofororor of
of he
it
of
all
of in us to to
or
of
or
in or
or or of
toof byof heor in as
tobytobein asofto
or of
to he
of
of
as
of all of all or of to by
to to to of to
or orby or
it fit of
be
aaofin by ofhe
of toof as by
in
of
byor to, or
by
to ashe
heof
At
he
he to all hetohe
;
a toin
of of
all :of
:
of hehebyhe to as to so
toin
orhein
hea as
of toby inby noon he to
to a it of of
of
of so to of he all do to as
hehetoofa he
61] STATE TRIALS, 14 Edward III. 1341. -Archbishop of Canterbury. [62
him, declares how ungrateful he was, and how
he had deceived hite, wounding his innocence,
by railing at, and reproaching the justice, fide
fity, and diligence of his officers, by preaching
publickly, and sending letters into divers parts, expounding them hatred the archbishop,
That by royal power and against justice, the that the people might have opinion people had lately been oppressed, the clergy him. —The very same complaints against this confounded, the kingdom over-burdened with archbishop the king sent the pope, though exactions, taxes, and tallages. And because he somewhat smoother language some parts falsly endeavoured to obtain the name of a the epistle; and requests might
good pastor, which he always wanted, yet truly him removed out the kingdom, for preserving he was a notorious mercenary by common opi the peace and preventing other dangers nion, and iis own public confession; he ap that might feared ensue, staid there.
plied himself to assert the liberty of the church; Dat. apud Langele die Martii.
which if it had been injured or grieved, either The archbishop wrote answer the in persons or things, it was only and truly king's letter, which bears this title, The Excuse to be ascribed to the remissness, crafty in Answer the archbishop the slanderous
tentions, and reprobate counsels of the arch Libel; addressing himself way preface bishop wickedly pretending he had certain the king, telling him there were two things
sentences and articles of excommunication, made in general against the violators of church hiberty and the Great Charter, to blacken the
which the world was governed, the holy ponti fical authority, and the royal ordained power;
which the charge the priests was the ood opinion the people then had of the greatest and highest, inasmuch they were
sing, to defame his ministers, traiterously to the last judgment give account kings:
raise sedition amongst the people, and to with wherefore ought know, that they depend draw the affections of the earls, barons, and upon the judgment priests, who might not
great men from him. Wherefore being will directed their wills; for who could doubt ing, as he was bound, to secure the integrity of but Christ's priests were thought the his fame, to obviate the malice of the archbi fathers and masters kings, princes, and all shop, and to avoid the snares laid for him and faithful people. And proceeds inform his, he desired to publish some other of his him, that many bishops had excommunicated actions, besides those above repeated ; to wit, kings and emperors; and also inform him That by his improvident advice in his nonage, what good kings were do, and how be he had made so many prodigal prohibited gifts have themselves toward bishops, and what re and alienations, and done so many excessive verence, honour, and respect was due them. favours, that his treasury was exhausted, and And complains, that the honour due him, his crown rents beyond measure diminished ; regard his dignity, and was his and that corrupted by bribes, he had without rea father, was turned into disgrace, devotion into sonable cause remitted great sums of money due reviling, and reverence into contempt; whilst to him, and had given much of his rents and reve his epistles sealed with the royal seal, but nue, which ought to have been applied to his own more truly slanderous libels, dictated and use, to persons not deserving, or converted it written his enemies, containing many crimes to his own use; and presumed to attempt falsly imputed him, were sent the bishops
St. Peter Antioch, the 22d that month, the abbot St. Augustine's Canter bury, whom and his convent the like letters had been sent, published them the people,
other things to the detriment of his estate, da
mage of his royal dignity, and grievance of his
subjects, abusing the power committed to him.
Commanding those to whom this letter was too; which unthought
directed, to publish and cause others say detestable fact, royal power presumed publish such places they should think judge the Lord God his servants and priests;
Westminster, and seemed condemn him his spiritual the 12th February, the 15th his reign. father, and greatest peer the land, against
On Ash-Wednesday, being the 21st Fe the order God, human law, and natural bruary, the archbishop preached the cathe reason, not called, not convicted record, and
convenient. —Witness his self
Canterbury, and the end his ser unhcard, the danger his soul, and an
dral
mon
directed
against him, which desired might read: fession his affection him, and the great which was done order the prior, and the services had done him, comes his an contents them published the English swer, here following: that whereas accused tongue. Against which the archbishop every him, that when the kingdom France was point defended his innocence and then ad devolved him right succession, monished the people pray for the king, queen, importuned him make league with the and their children; and those that should Almain recover rights, and was only
devoutly, and also pray for the state find expert soldiers, and would find money; holy church, being penitent, and sorry for their which failing, you were, you say, forced con sins, granted forty days indulgence from tract great debts upon usury. To this said, purgatory. And the next day, being the chair That the beginning his government, when
his province, deans, abbots, priors, their
convents and chapters, and would God not
published his, the injury him that might not
told the people, there were letters example the manifest prejudice the the king the prior and convent peers England. At last, making great pro
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63] STATE TRIALS, 14 Edward III.
1341. -Proceedings against Stratford, [64
he was bishop of Winchester, it was known by
whose counsel he was governed. That when
the kingdom had devolved to him by heredi promise send money him; and therefore
tary right, and so judged in the parliament at
Northampton, the two bishops ofWorcester,
(Adam Orleton) Coventry and Litchfield, were
sent into France to claim that kingdom in your ful, both then and times his service, name, and to hinder the coronation of Philip says, concerning his faithful friends, and de Valois; which Embassy was the greater those that accompanied him his enterprizes occasion of the war. We at that time were beyond sea, who desired remedy
not employed in any ofyour affairs, but were applied those services, that brought him hated at court, for what cause God knows. into those inconveniences and misfortunes;
Afterwards, when it pleased your majesty to
call me, with others of your privy council, to transact the public affairs, we considering the danger of mens souls, bodies, and goods by a
power
believed, according their words, culpable guilty any fault, they punished just, not arbitrary process. Then his two messengers, first
of.
to make peace between the two kingdoms; but after endeavours for peace proved in successful, and Philip had made war upon you, then parliament Westminster, called for that purpose, seeing the obstinacy Philip,
was that were
devouring war, endeavoured with
Cantilupe, bringing king's Nicholas the
was agreed you should league with the Ger
mans Almains, and others. As for the pay
ment the expences this war, there were out letters, and bare word cited him
better information his affairs, he sent for him, &c. ) The archbishop affirms, made
such warred his service, could not com plain his fraud negligence. And profess ing again how diligent had been, and faith
letters credence, only cited and enjoined him
into Brabant pay the king's debts, and stay there while they were paid that
had been summoned have been at London
with the king, his letters intimated, he must have been here and beyond sea the same time. As Ralph Stafford, came with
agreements made with certain merchants council Stamford, which are be found Chancery which observed, together with
come the king, affirming ought not
fear any treachery, and says (this notwith standing that though the king's letters con duct first view scemed sufficient for his com ing to, staying at, and returning from his coun cils, had been summoned, was not;
yet the same day received these letters conduct, the sheriff Canterbury brought him
other subsidies granted both laity, and the great customs
our own, but the opinion
clergy and wool, not only the coun
cil, had been sufficient for the whole war, well managed. And your majesty knows well,
the king's writ appear London before the king and council upon contempt;
though the king's letter gave him free liberty returning, yet the king's writ was ne cessity fall into his enemies hands; which
that these agreements were not broken
changed us, nor did the subsidies come
our hands; because after your first passage we
staid not this kingdom, but with the reverend
fathers the cardinals and bishop Durham,
went into France treat peace, often going boecame not, nor could become royal majesty
backward and forward from and
then Brabant and afterward, when there was hopes peace, staid some time with you there, and were made partakers your necessities, and with other prelates and great men England, became bound with you for great sums upon usury. -The second thing charged upon him the king's letters, says, was yet more wonderful (that when the ninth was granted, promised effectually assist the levying it; but that reason
the non-performance that promise, when before Tournay, was forced consent truce, contrary his mind;) this said, the whole subsidy for the ninth for the first year, was assigned
ready answer what should objected against him, before the prelates and peers,
saving his state and order. —As what was charged upon him (for publishing sentence excommunication, and commanding
against the violators ecclesiastic
iberty Charter,
and the Great blacken the
king's reputation, defame his ministers, and traiterously move sedition amongst the people, and withdraw the affections the earls, barons, nobles, and great men, from the king)
yourself, nevertheless, was, and should always
because upon him, lord could
seemed affix the crime of treason which case king temporal his competent judge, pro
his creditors before his tested openly and publicly, these presents,
might appear and therefore
was ma not prejudice his state send, nor wholly decline trial
any thing, but any secular judge his prodigality
the assig that what said, should say, intended
second passage,
nations themselves
nifest, that neither promised
could send any thing the siege Tournay, whatever. At last,
especially not knowing when began. —To the
third thing, (that the necessities and great
streights was were brought upon him
his fault, negligence, and malice, also
his other officers, some whom he was forced his innocence, and the great service had
remove, and imprison others, lest his friends done, the labour and expences had been that were with him, and allies beyond sea, for the crown. And near his conclusion he
should leave him and when desiring have says, This may suffice for answer the scan
giving away the revenues the crown un deserving persons, and wasting the product them, and converting the king's treasure his own use, utterly denies asserting again
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o TRIALS, 1341. -Archbishop Canterbury.
65] STATE 14 Edward III. of [66
dalous Libel at present, and wisheth for the chancellor, the lord treasurer, and other high king's honour it had neither been wrote or pub officers state, should included under the
lished
The king very briefly to this Answer;
reproves hun for his insolent and undutiful lan
guage; tells him how much he honoured and these things were thus forwarded, the arch
revered his spiritual fathers, and that he ought bishop came again
not to overlook their offences, when he saw forbid the captain
the parliament, but was the king's guard, enter: whereupon
mons hath called me this
those letters wrote in his own vindication only,
had proceeded criminally against him ; and next the king have the first voice parliament,
them tending to the danger of him and his go William Attewood,
". mistake, vernment: and shews him his when
spake people thus the
he complained he was condemned of capital
that flocked about him, “My friends, the king his writ sum
crimes, unheard,
absent and as if he in
parliament,
forbids him and other bishops sentences excommunication,
publish any other things, derogatory
claim the rights my church Canterbury,
and therefore require entrance into parliament. ’ Tyrrel says, the archbishop was not summoned
this parliament. But when for this be ing kept out the guard, could not enter,
against the rights his crown,
his royal dignity and prerogative, they
had been always used his progenitors.
During this controversy between the king
took his cross his own hands, and so and archbishop, there was parliament called lemnly protested that would not stir from
Westminster, Monday next after
days
jrdinary bearing should not: while he stood there this man
ner, some that were by, began revile him, Can telling him, that was traitor, and de
terbury came, though had writ sum ceived the king, and betrayed the realm. To mons; attended with great company his whom the archbishop said, ‘the curse Al
the
o
Easter, the writ date March
summons Wede
into parliament, sufficient reason why
meet
that place, till the king gave him leave come
names peers; and set down request, that
conditions and estates might enjoy their
proper peculiar By
and liberties. that time
and who am the chief peer the realm, and who
stoke.
To this parliament the archbishop
clergy, and many knights. Upon his entrance
into the house, the high steward and chamber
lain met him, who the king's name forbad
him enter the parliament until had un this hurry certain noblemen chancing dergone trial the exchequer, for divers come out, besought them request the things laid his charge. The archbishop, lest king his behalf, and for the right his
he move the king too much, vouchsafed into that court, and there took copy
the Articles, which his accusation consisted, and these promised return Answer. Upon which was suffered the king
church Canterbury; this they kindly pro mised him do.
And accordingly the in
come into parliament, and there, before whole assembly, declared the cause coming be, “for the honour, rights and
the his
tercession and favour the lords, the king gave leave for his admission into the house, where offered purge himself lawfully
arliament the crimes objected against him he was referred the consideration of the
twelve peers, who had his cause hand berties the church, for the profit and com that time. On the nineteenth April, being modity the realm, and for the interest and Thursday, the king came into saint Edward's
honour the king:. . . and, lastly, that might chamber, commonly called the painted cham clear himself parliament several crimes ber, before whom, sight the lords and laid his charge, and published over Eng commons, the archbishop humbled himself, and
land his prejudice. ” This occasioned great debate amongst the lords this ques tion, “whether the nobility the land should
put answer, except before their peers open parliament? ’ committee twelve peers
required his gracious pardon; which upon the
whole parliament's general suit and entreaty,
his majesty granted. After which the arch bishop desired, that whereas was publicly defamed through the realm, might now be arraigned open parliament before his peers: but the king answered, would first attend the common affairs, and after that examine lighter matters.
ward when the king commanded, that the things touching the Arraignment the arch
was appointed draw
his majesty; and they were,
concerning the crimes laid
representation also, enquire
the archbishop's charge, and fairly represent how far they
The next parliament was the 17th Ed
thought him blameable. Joshua Barnes particular the sequel the controversy, be
twixt the king and the prelate, that we cannot do better than give his own words.
bishop, which remained
William Kildesby,
parliament, should
outed laid aside,
reasonable or true and master John de Ur
“Whereupon are named four bishops, four
the hands sir
earls, and four barons, draw the platform
for the king's view. These being also en quire concerning the crimes laid against the
advised upon this annulled and totally such were neither
archbishop, and prepare them for the king, ford was commanded bring them into parlia among other things determined, that the lord ment, be vacated there.
Wol,
mighty God, and his blessed mother, and
saint Thomas and mine also, upon the heads them that inform the king so. Amen. Amen. ”
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07] STATE TRIALS, 51 Edward III. 1377. -Proceedings against [68 *
Proceedings against John Wick LIFFE, for IIeresy, Edw. III.
1377. Rd. 1383, [Fox's Acts and Monum. 562. ]
THE bishops now seeing the aged king Wickliffe the presence the duke Lan taken away, during the time whose old age caster, and lord Percie who, vpon the decla
the gouerument the realme depended ration the pope's letters made, bound him vpon the duke Lancaster; and now the said silence, forbidding him not entreate any
bishops againe seeing the said duke, with the more those matters. But then through the lord Percy, the lord marshall, giue ouer their disturbance the bishop London and the
offices, and remaine their priuate houses
without intermedling, thought now the time
serue them, haue some vantage against John
Wickliffe; who hitherto, vinder the protection
of the foresaid duke and lord marshall, had Gregory the eleuenth. some rest and quiet. Concerning the story
which Wicklifie, trust (gentle reader)
out thy memory what went before, how
being brought before the bishops,
meanes the duke and lord Henry Percy, the Edward, sendeth his bull the hands and counsell was interrupted, and brake before nine meanes (peraduenture) one master Edmund
the clocke. By reason whereof, Wickliffe Stafford, directed vnto the vniuersity Oxford, that time escaped without any further trou rebuking them sharpely, inperiously and like
duke, and lord Percy, that matter was soone dispatched, hath beene aboue recorded. And all this was done the daies and last
yeere king Edward the third and pope
The next yeere following, which was the yeere our Lord 1378, being the first yeere
not
the gory taking time, after the death king
king ltichard the second, the said pope Gre
ble. Who notwithstanding, being the bi pope, for suffering long the doctrine
shops forbid deale that doctrine any more, continued yet with his fellowcs going barefoote, and long frise gownes, preaching diligently
John Wickliffe take roote, and not plucking with the crooked sickle their catholike doctrine. Which Bull when came be
wnto the people. Out whose scrimons these exhibited vnto their hands, the pope's mes articles most chiefly that time were collect senger aforesaid; the proctors and masters ed. —That the holy Eucharist, after the conse the Vniuersity, ioyning together consulta cration, not the very body Christ, but tion, stood long doubt, deliberating with figuratiuely. —That the church Roune, not
the head churches more than any other chu. ch is: Nor that Peter hath any more power giuen Christ, than any other Apostle hath. --Item, that the pope Rome bath
more the keies the church, then hath any
and meritoriously take away their temporali Lincolne, greeting, and apostolicall benc ties from the churchmen offending habitualiter. diction. —We are compelled not onely —Item, any temporall lord doe know the maruell, but also lament, that you, consider church offending, bound, vinder paine ing the apostolicall seate hath giuen vnto your
priesthood. —Item,
God be, the lords temporall may lawfully cellor and Vniuersity Oxford, the diocesse
other within the order
damnation, take the temporalitics from Vniuersity Oxford great fauour and priui the same. —Item, that the Gospel rule suf ledge, and also that you flow large ficient selfe rule the life euery chris sea the knowledge the holy Scriptures, tian man heere, without any other rule. —Item, and ought champions and defenders that all other rules, vnder whose obseruances the ancient and catholike faith (without the diuers religious persons gouerned, doe adde which there saluation,) your great no more perfection the Gospell, than doth
the white colour the wall. —Item, that nei
ther the pope, nor any other prelate the
church, ought haue prisons wherein pu
mish transgressors.
Beside these Articles, diuers other Conclu sions afterward were gathered out his writ ings and preachings the bishops Eng land, which they sent diligently pope Gre
waxe strong and choke the corne. Neither haue any care (as we are enformed) ex tirpe and plucke the same the rootes, the great blemishing your renoumed name, the perill your soules, the contempt the
gory Rome; Where the said articles being
read and perused, were condemned for here the encrease that filthie weed was more
ticall and erroneous three and twenty car dinals.
the meane time, the archbishop Canturbury, sending forth, his citations, aforesaid, called before him the said John
sharpely rebuked and iudged of, Rome than England where sprang. Wherefore let there bee meants sought the helpe the
themselues whether receiue the pope's Bull with honour, refuse and reiect with shame.
The copy this wilde Bull, sent them from the pope, was this: -
“Gregory the bishop, the seruant Gods seruants, his well beloued sonnes, the Chan
negligence and sloth will suffer wild cockle, not onely grow among the pure wheate the flourishing field your Vniuersity, but also
church Rome, and the great decay the
anticnt faith. And further(which grieueth vs)
faithfull, roote out the same. Grieuously come our eares, that one Iohn Wickliffe,
to to
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69]
STATE TRIALS, 6 Rich ARD 1983. −John IPickliffe, for Heresy. [70
Parson Lutterworth Lincolne diocesse, Canturbury Simon Sudbury, the bishop professour diuinitie (would God were not London named William Courtney, with the
rather naster errours) runne into kind detestable wickednesse, not onely and open publishing, but also vomiting out the filthy
dungeon his breast, diuers professions, false and erroneous conclusions, and most wicked
Conclusions Iohn Wickliffe therein inclosed, commanding them, vertue those his let ters apostolicall, and straitly enjoyning them
cause the said Iohn Wickliffe apprehend ed, and cast into prison; and that the king and
W.
side this bill
archbishop
London, bearing the date, calend. Iun. and the 7th yere the reigne the pope; find, moreouer, the said story two other Letters the pope concerning the saine matter, but differing forme, sent vnto the same bishops
and damnable heresies.
defile the faithfull sort, and bring them from
giue any credit
right path headlong perdi
the said Iohn any wise. —Be Bull the Pope, sent vnto the
the into the
tion, ouerthrow the state the and
his doctrine
Canturbury and the bishop
church,
ytterly subuert the secular policie. Of which
agree (only certaine names and termes changed) with the peruerse opinions, and vnlearned doctrine
Marsilius Padua, and Iohn Gandune, vnworthie memory, whose bookes were vt
the realine England, happy memory Iehn 22.
more glorious and shining purenesse faith;
his mischiefuous heresies some seeme
terly abolished our predecessour
and all bearing the same date both yeere, and moneth the reigne pope Gregory. Whereby
the day,
the said supposed,
id:
kingdome
onely
doth not
power, and abundance faculties, but much
Where*
by might
the nobles them, not
England should be admonished
flourish
that the pope either was very exquisite and so licitous about the matter, haue Wickliffe
apprehended, which wrote three diuers let ters one person, and one day, about scriptures, ripe grauity maners, men nota one businesse; else that did suspect the
Accustomed alwaies bring forth men excel lently learned the true knowledge the holy
ble deuotion, and defenders the catholike faith. Wherefore we will and command you
bearers thereof; the scruple whereof leaue the iudgment the reader. —Furthermore,
our writing apostolicall the name your besides these Letters written the vniuensity, obedience, and vpon paine priuation our and the bishops, directeth also another fauour, indulgences and priuiledges granted Epistle bearing the same date vnto king Ed wnto your and your vniuersity from the said see ward; one my stories saith, but ano apostolicall that hereafter suffer not those ther saith, king Richard, which soundeth pestilent heresies, and those subtill and false more neere the truth, forasmuch the
conclusions and propositions, misconstruing 7th yeere pope Gregory the which was the right sense faith and good workes (how the yeere our Lord 1378, king Edward was
soeuer they tearme what curious implica tion words soeuer they vse) any longer disputed of, brought question: Lest
bee not withstood the first, and plucked
not aliue. The copy his Letters the king here followeth:
the roots, might perhaps
after prepare medicines
number infected with the
further that apprehend immediatly
greater And cause
too late here
The copy the Epistle sent
Rome Richard king secute Iohn Wickliffe.
the bishop England, per
when contagion.
“Vnto his well-beloued sonne Christ, Richard the most noble king England, health, apprehended the said Iohn Wickliffe, and &c. —The kingdome England, which the
deliuer him detained the safe custody most highest hath put vnder your power and our well-beloued brethren, the archbishop gouernance, being famous and renoumed
Canturbury, and the bishop London, valiancy and strength, abundant and flowing
either them. And you shall find any gainesayers, corrupted with the said doctrine (which God forbid) your said vniuersity within your iurisdiction, that shall obstinately stand the said errours; that then like maner apprehend them, and commit them
safe custody, and otherwise doe this
case shall appertaine vnto you
your carefull proceedings herein, your negligence past concerning the premisses may now fully supplied and recompensed with present dili gence. Whereby you shall not onely purchase
all kind wealth and riches, but mu. ch more glorious, resplendent and shining through the brightnesse and cleerenesse godlinesse and faith, hath accustomed alwaies brin forth men endued with the true knowledge vnderstanding the holy scriptures, graue yeeres, feruent deuotion, and defenders
the catholike faith: the which haue not only directed and instructed their owne people through their wholesome doctrine and precepts into the true path God's commandements;
but also we haue heard the report and in wnto you the fauour and beneuolence the formation many credible persons (to our seate apostolicall, but also great reward and great grief and heart sorrow) that Iohn Wick
merit almighty God. Yeuen
Maries the greater, Kalend.
the yeere our consecration. ”
Besides this bull sent the vniuersity Ox into such
Rome Iune, and
diocesse would
ford, the said pope Gregory directed moreouer nesse, that
letters the same time the archbishop diuers and sundry conclusions full errours,
liffe parson Lutterworth, the Lincolne, professor diuinitie
author heresie)
detestable and abominable mad
God were
fallen
hath propounded and set forth
his
inS. to of to by by be
ofof
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in
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of
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of
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in
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in
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:
of
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Soin in as
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to
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of
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of
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so he
of of by
of
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toit of
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as
inin or
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to (I
betotoinas I
toof ofin in of to of of to
of
a
of of
71] STATE TRIALS, 6 Richard 1383. -Proceedings against [72
and containing most mainfest beresie, the and consent, neither the consent of his col
which doe tend viterly subuert and ouer ledge, either make able disable any man. throw the state of the whole church. Of the man cannot be excommunicated his
which, some them (albeit vnder coloured hurt vndoing, except first and princi phrase and speech) seeme smell and sauor pally excommunicate himselfe. No man peruerse opinions, and the foolish doctrine ought, but Gods cause alone, excommuni
coondemned memory Marsilius Padua, and Iohn Ganduno, whose bookes were pope Iohn the 22, our predecessor, man
cate, suspend, forbid, otherwise pro
ceede reuenge any ecclesiasticall censure. 10. curse or excommunication doth not
simply binde, but case pronounced and giuen against aduersary
c. ”
happy memory, reproued and condemned,
out Hitherto gentle reader, thou hast heard how 11. There
the Gods law. power giuen any example,
Wickliffe was accused the bishop. Now either Christ
apostle, excom: you shall also heare the pope's mighty reasons municate any subject, specially for denying
and arguments, the which did confute any temporalties, but rather contrariwise. 12. him, the king. followeth The disciples Christ haue power exact, Therefore, forsomuch our reuerend bre any ciuill authority, temporalties by cen thren the archbishop Canturbury, and the sures. 13. not possible the absolute
bishop London haue receiued speciall commandement from vs, our authority
power God, that the pope
christian doe pretend any meanes loose, that thereby hee doth
any other bind bind and
apprehend and commit the forenamed Iohn
Wickliffe vinto prison, and transport his con loose. 14. We ought beleeue that the vicar
fession vnto vs; they shall seeme the pro Christ deth
secution this their businesse lacke your loose, when
fauour helpe, we require and most earnestly law and ordinance
desire your maiesty, euen your most noble vniuersally bee beleeued, that euery priest predecessors haue alwayes beene most earnest rightly and duly ordered, according vnto the law louers the catholike faith (whose case grace, hath power according his vocation, quarrell this matter chiefly handled) that whereby may minister the sacraments, and you would vouchsafe (euen for the reuer consequently absolue any man confessing his ence God, and the faith aforesaid, and also fault, being contrite and penitent for the same.
the apostolike seate, and our person) with 16. lawfull for kings (in causes licensed }. helpe and fauour assist the said arch the law take away the temporalties from the ishop and other that shal goe about exe spiritualty, sinning habitualiter, that which cute the said businesse. Whereby besides the continue the custome sinne, and will not
praise men, you shal obtaine heauenly re amend. 17. Whether they temporall lords,
ward and great fauor and good will our hand, and of the see aforesaid. Dated Rone
Mary the greater, the cal. Iune, the 7th yeere our bishoprike, an. 1378. ”
any other men whatsoeuer they be, which haue endowed any church with temporalties; lawfull for them take away the same
temporalties, were way medicine, The Articles included the pope's letters, auoid sinne notwithstanding any excommuni
of against Wickliffe, were these which
censure;
which sent the bishops, doe follow.
cation
forso
The Conclusions Iohn Wickliffe, exhibited
tion.
the bishop Rome, may lawfully bee rebuked
the Conuocation Lambeth.
certaine bishops
his subjects, and for the profit the church accused either the clergie the laitie. ” These Letters with the Articles inclosed being
“1. All the whole race earth, besides Christ, hath ordaine that Peter and
mankinde here on
power sim
offspring should with themselues, and that open profession
F.
thus receiued from the pope, the bishops tooke little heart, thinking and fully determining
the
king
order much
other ecclesiasticall
they are not giuen but vnder condi
rule ouer the world for euer. before their prouinciall councell, that man łod cannot giue any man for him and his ner respects feare fauour set apart,
heires any ciuill dominion for euer. All person neither high nor low should let them, writings inuented men, touching perpetu neither would they bee seduced the intreaty heritage, are impossible. Euery man, any man, nor any threatenings rewards,
being grace iustifying, hath not only right but that this cause they would execute most ynto the thing, but also time hath right surely vpright iustice and equitie: yea albeit
indeede aboue the good things God.
man cannot onely ministratoriously giue any But these fierce bragges, and stout proomis:es,
temporall continuall gift; either well his naturall sonne, sonne imitation.
an and meritoriously take away the riches from preuaile) small occasion did lightly confound the church when they doe offend habitualiter. and ouerthrow. For the day the examination
We know that Christs vicar cannot, neither being come; certaine personage the princes able his bulls, neither owne will court, and yet great noble birth, named
thought them sure before: the Lord God be, the temporall lords may lawfully whom no determination of man's couns
ell c
such times onely binde and worketh conformably the
Christ. 15. This ought
18. An ecclesiasticall minister, and also
present danger life should follow thereupon. with the subtill practices these bishops, which
is7. 6. A all S. of “ *: Ifin to
by
in he of of of or of
his
byasof to 5.
to atat in
aof
of
of
of
in
be
be be or
as to
by to
of
if Itby
tois of of
his for by his
all of hisno of
by
to to
or ofinofof all
of
all
to
in 11
4. ofa to he
as
of
as
to by in a
as
3.
»ly
of
a by ofof
2. to at
at
or to
of nobeof itor
ofoftoby
8. II.
by or of ofof
to
no
by by to
in
to
isIt, AorA as or to is of by to
bysoin
aa of toasItin
of so no
of
as it
in he is
heat is of no or to
of by
of or
of
of
or in by by
to byof
to byif
by by hisitorhe
so or
or a is, tototo 9.
all by to to no to by or of
:
73] STATE TRIALS, 6 Richard
Lewes Clifford, entering among the bishops,
commanded them that they should not pro
ceede with any definitiue sentence against Iohn
Wickliffe. With which words they were
anazed and their combes cut, that (as the Peter, &c. —This conclusion story mentioned) they became mute and
speechlesse, men hauing not one word their mouthes answere. And thus the
wonderous worke God his prouidence, escaped the article our Creed, iudge both the Iohn Wickliffe the second time out of the bi quicke and the dead. And then (as the Scri
shops hands; and was them clearely dis ture teacheth) shall surcease missed vpon his declaration made his arti tike rule here; vnderstand cles, anon shall follow. —Moreouer, here secular dominion pertaining
ciuill and poli the temporall and
1383. −John Wickliffe, for Heresy. [74
men here dwell not passed ouer, how the same time, ing this mortall life. For doth the philo and the said chappell the archbishop sophers speake ciuill dominion. And al Lambeth, where the bishops were sitting vpon though the thing which terminable, and hath
Iohn Wickliffe, the story writing the doing end, called sometimes perpetuall: yet be thereof, addeth these words, saying: “Non cause holy Scripture, and vse the Church,
dico ciues tantüm Londinenses, sed viles ipsius and the bookes philosophers most com. ciuitatis impudenter ingerere presumpserunt monly that taken bee perpetuall, which
eandem capellam verba facere pro eodem, bath no end time hereafter come accord istud negotium impedire, confisi, reor, ip ing the which sense the Church singeth Gloria
sorum premissa negligentia praelatorum, &c. ” patri, &c. Nunc, That say not onely, that the citizens the same signification London, but also the vile abiects the citie (perpetually) and
perpetuum also after take here this word this conclusion conso
the Scripture, that ordaine the course and
so
offered and exhibited vnto the bishops writ ere euer: Secondly, absolute power
here not forgotten, how the said Iohn And hold, that God first ordinate Wickliffe, the same time his examination, cannot giue any person ciuill dominion
ing protestation, with declaration expo not probable that will doe: forso sition his owne minde, vpon the said his arti much hee cannot euer detain his spouse
cles, the effect hereof followeth:
The Protestation of Iohn Wickliffe.
“1. protest Ihage often before done) that
perpetuall prison this life, nor alwaiés deferre the finall beatitude of his Church.
To the third conclusion. Many writings
charts inuented doe minde and intend with my whole heart (by tuall heritage ciuill,
men, touching perpe vnpossible. —The vesity incident. For we must not
the grace God)
harts whatsoeuer,
for then were not take away seques
true Christian, and
this conclusion
long breath shall remaine me, pro canonize manner co
Christ. And ignorance other
catholike, vniuersall
tion; most humbly submitting my sclfe vnder Church, great occasion
the correction our holy mother the Church. nistred men chartered,
And forsomuch the sentence my faith, temporall charts; and might
which have holden the schooles and else much liberty and licence sinne. For like
fesse and defend the law
shall happen that through
wise shall faile therein
pardon and forgiuenesse. And now againe doth vniustly occupy the same. And that before also, doe reuoke and make retracta stand confirmed and ratified the faith the
desire my Lord God
lawfull any meanes things giuen chart
charter, when
where, reported euen children, and more
ouer carried children euen vnto Rome:
therefore lest my deare beloued brethren should
take any offence me, will set forth writ Scripture, and
ing the sentence and articles, for the which cessity things
am now accused and impeached: the which Euery man being grace iustifying final also euen vnto the death will defend As lie, hath not onelie right vnto the thing, but beleeue Christians ought doe, and specially also for his time hath right indeede ouer the
the bishop Rome and other priests and good things God. —The veritie hereof eui
ministers of the Church. For doe vnderstand the conclusions after the sense and manner of speaking the Scriptures and holy doctors, the which am ready expound: And they shall
found contrary vnto the faith, am ready reuoke, and speedily call them backe againe. ”
dent, holy Scripture, Mat. 24. Where verity promiseth euery man entering into ioy', verily (saith he, tell you, shall set and place him ouer the goods hath. For the right and title belonging the communion saints their country (hee meanethin the king
An Exposition vpon the conclusions Iolin
Wickliffe, exhibited him “All the race mankinde here
the bishop. earth beside ordaine, that selfe eui
Christ, hath power simply
dent, forasmuch stoppe the comming ment, but must
not
mans power finalliudge
Christ
needs come, according
med bee bold the same chappell beth, where the bishops were sitting vpon
Iohn Wickliffe, both intreat for him, and also let and stop the same matter; trusting,
nant the principles
suppose, . . " the negligence which they saw the second conclusion answere, ynderstanding
&c. —Ouer, dominion,
before the bishops, and beside, ciuill the conclusion before.
not mans yoyage the
Chu
rch, God cannot giue
here
perpetually
any man, &c. —To
§.
some supposition euery truth necessary: the same supposition euery false thing
possible,
plaine the testimony the holy doctors speaking ne
come.
should be mi trust their grow thereby
last.
to
byof(as so of to by as to to &
be
asof as
I
to in
to
I I a is
I isI ofin is, be
ofall is asof to toIse
of I be
to as
I allto
in : be
IIbyIofaain ofbysoin
of at I in vtof
all so
ifof ofof
: in orto orin if
de
I at of &
byin
in so
II.
I I it
as
at is
of or inbyoftoby Iofis
allI
toofis
so
by
is
of
to as in I
so & in
of
as of
to as ofit
orall
he
soby ter 4. , by
as for so into in
ofis Iofno
to: of
ofisdo
is
be by
to
to
of
of it is
it
is
an
3. is 2. to in in
to
to bytoor by in by
of
is as
it
to
to
hehe his
is
it his : to
is all
to soor ofif
is of
in
so
he
of of
an as in
to by
as his to soby I; of
so to
all
to
to in ofto hisitinto
intoas
is
75] STATE TRIALS, 6 Richard o1333. —Proceedings against [70
giue any temporall dominion gift perpetuall, such excommunication
well his owne naturall sonne, his proceede and begin originally his owne sonne imitation. —It euident. For euery sin which damnified whereupon Augustin
dome heauen). Fundatur obiectiue super vicar Christ,
wniversitatem bonorum Dei that hath his from aboue.
relation, vnto his obiect, the goods and man cannot be excommunicate to his possession God. hurt vndoing, except excommunicate
commeth him another way man can but onely ministratoriousl first and principally himselfe. —It euident,
man ought recognise himselfe his saith, De verbis Domini Sermone 51. Doe not workes and doings, humble seruant and thou conculcate thy selfe, and man ouercom
Scripture meth thee not. And moreouer the faith of the doe teach vs. Let man so esteeme of vs as Church doth teach, quod nulla nocebit aduer
minister God. As the words
the ministers Christ. Yea, Christ him sitas, nulla dominetur iniquitas: that
selfe did teach his chiefe apostles minister; say No aduersitie shall hurt, iniquitie
but their country the saints shall giue vnto hath the vpperhand. And yet notwithstanding, their fellow bretheren the dominion of their euery excommunication for many causes also
goods, inferioribus
They shall giue you, and put into your bosomes good measure and perfect, well filled and heaped vp, and running ouer.
Luke
patet suis corporibus bonis natura,” according the words
feared, although that the excommunication the Church, the humble man being ex
communicated, not damnable but wholsome.
No man ought but God's cause alone excommunicate, suspend, &c. —It cleare,
God bee, temporall lords may lawfully
and meritoriously take away the goods for God, whose respect ought chiefly
tune from the Church when they doe offend habitualiter. —This conclusion correlatiue with the first article of our faith beleeue
God the Father Almighty, &c. Where vn
derstand this word (may) this conclusion
forasmuch euery iust cause and pondred. Yea, the loue
the cause bee weigh the person
saith and granteth, that God able these
stones raise children Abraham for
otherwise Christian princes were heretikes. For this conclusion thus standeth the reason:
doe: and may com
thority their pleasure: but onely the au 11. There example Christ, which thority the Church they may doe, giueth power his disciples excommunicat
cases and forme limited We know that
the law. any subject (especially for denying any tem not possible that the but contrary. —Which thus declared
faith, whereby
his pure bulls, &c. — the wee beleeue that God
omnipotent: and hee able command the lords
his God, appeareth 13.
singham. 3 Rapin, 419. Cobb. Parl. Hist. 84. ]
** AT the parliament assembled at Westminster, party, led the king armed against the said earl
on the 13th of March, 1330, the following Ar Lancaster, and other peers the land,
ticles of Impeachment translated from the for Winchester, when they were coming
French original now on the Rolls in the Tower, were exhibited against Roger Mortimer, earl of March: viz.
“These are the treasons, felonies, and mis chiefs done to our lord the king, and his people, by Roger Mortimer, and others of his company.
—1st. Whereas in the parliament holden at Roger, the said usurped power, caused the Westminster next after the king's coronation, it king march forcibly against the earl, and
with the king, advise him; and so prosecuted them with force, that the said earl and some others his company, that wished
was ordained, that four bishops, four earls, and
six barons should remain with the king to advise
him, and that four should still be with him, viz.
one bishop, one earl, two barons at least, and
that no great business should be done without well the kingdom, submitted the king's
their assent; after which parliament the said Roger not having regard to the said assent,
usurped to himself royal power, and the govern
ment of the realm, above the state of the king, them fined grievously, that half their and put out and placed officers in the king's lands, sold outright, would only pay it; and house, and otherwhere throughout the kingdoin others he caused be driven out of the na at his pleasure, such as were of his party, and tion, and their lands seized, against the set John Wyward and others about the king, to form the Great Charter, and law the land. observe his actions and words; so as he was en —5th. Whereas the said Roger knew well the compassed by his enemies, that he could do no king's father was dead and buried, others thing as he would, but only as a man under his party deceivable manner, informed
guard or restraint. —2nd. Whereas the king's the earl Kent that was alive; wherefore father was at Kenelworth, by order and assent the earl being desirous know whether was of the peers of the land, to stay there for his ease, not, used the good ways could
and to be served as such a great person ought discover the truth, and long, till the said to be ; the said Roger by his usurped power, Roger his usurped royal power, caused him
which he exercised over him at his pleasure, apprehended the parliament holden ordered that he should be sent to Berkley Westminster and pursued him, that par castle, where, by him and his confederates, he liament procured his death. -6th. The said was traiterously, feloniously, and falsely mur Roger, his usurped royal power, caused the dered and killed. —3rd. The said Roger by his king give him and his children, and confe usurped royal power, forbad by the king's writ derates, castles, towns, manors, and franchises
under the great seal, that any should come to the parliament at Salisbury with force and arms,
under pain of forfeiting whatever they had to
the king; yet thither he cane with others of his
party with force and arms to the said parliament
contrary to the prohibition aforesaid; where town
fore divers peers of the lands, as the earl of the Eyre four men, and the provost,
Łancaster and others, knowing the manner of the rieve bailiff the lord the manor)
his coming, would not be there : and whereas serve their own cost, for year his war
the prelates were assembled in one house, to
consult about the business of the king and realm,
the said Roger broke open the doors of the said
house with armed men, upon the prelates, and
threatened them with life and member, if any
of them should be so hardy as to speak or do that they should come the king wherever he any tiling contrary to his pleasure in any point.
And in the same parliament by the said usurp
ed power, he caused the king to make him
earl of March, and to give him and heirs were
several lands disherison the crown and 9th. The said, Roger falsely and maliciously afterwards the said Iłoger, and those his made discord between the king's father and
Salisbury, that the earl and avoid the evils that might have regard the king, departed
the parliament
other peers,
happened, out
and went toward their own countries, grieving, that they could not speak with, advise their liege lord they ought do. —4th. The said
other peers the land, who were appointed
grace, saving them life and member, and that they might not disinherited, nor have too great fine set upon them; yet caused
England, Ireland, and Wales, decrease
the revenues the crown. —7th. The said Roger deceivable manner caused the knights
shires, grant
the parliament Winchester,
the king one man arms out every England, that answered the court
Gascoigne; which charge contrived for the advantage himself and party, destruc tion the people. —8th. The said Roger,
his said usurped royal power, caused summons
charged
coigne,
prepare themselves into Gas fine pleasure; which fines the benefit him and party. —
sent many great knights and others,
was and when they came, caused them be
in
of
of ; his
for
by by
at of his
to so
of
to his go
he of in in
in
as in
to
or
so
of
to
(i.
to
to he
to
be
to
to in of in in
to so of to be or
to
I of
; beof
orto or he of bea by
to
of by of to
of soin
as
of to
at ofto at
of if to be
to to
as
he at so be a at
to
to
in
he
he of it by
of
by toe. toof of at to
he
all
in
to
of at
toas
53] STATE TRIALS, 3 Epward III. 1330. —Roger Mortiner, for Treason. [5
queen; and possessed her, that she went traitor and enemy the king and king him, she should certainly killed with dom, drawn and hanged, and commanded.
dagger, otherwise murdered; and this the earl mareschal execute the judgment,
way, and his other subtleties, ordered
that she would not coine her lieze lord and
king, the great dishonour her son and self,
and great damage the whole realin per assisting with the earl marescha! the execu chance time come, which God forbid. — tion which was performed accordingly the 10th. The said Roger his said usurped royal 29th November place then called the
power, had caused taken for him and his Elms, and afterwards Tyburn. ”—He was not party, the king's treasure, much pleased, brought answer, but condemned without without tale, money and jewels, de hearing, and for that reason this Judgment was
the king, that had not where
the articles peace, without any thing re judgment against Simon
struction
reversed erroneous, and made void act parliament, and his grandchild Roger restored his title and estate, 23 Ed.
pay for his victuals. -11th. The said the said usurped power, caused
withal
Roger,
be shared between him and his confederates, the 20,000 marks which came out Scotland,
The king, also,
earls, barons and peers,
parliament charged the give right and true Bereford,kt. who had
ceived the king. —12th. The said Roger,
his above-mentioned royal power, received the
king's duties and purveyance through the king
dom, had been king: and and his notoriously known the said peers; where
party had with them double the company men and horse that were with the king, de struction the people, not paying for their quarters any more than they themselves pleased.
upon they cane before the king parliament and said with one voice, “that the said Simon was not their peer, and therefore they were not bound judge him peer the land:"
and the mayor, allermen, and sheriffs Lon don, with the constable the Tower, and those who had the guard him, aiding and
been aiding and advising with Roger Morti mer the treasons, felonies, &c for which
was afterwards adjudged die, was
—13th. The said Roger,
power caused the king
ing 200 Irish chevaliers,
his said royal but since was thing notorious and known
those that killed the great men Ireland and others, who were the king's faith; whereas the king ought immediately have revenged their deaths, rather than pardoned them, contrary
agree the mount horse, being
all, that was advising, aiding and assist ing the said Roger the felonies, &c. afore said; and that was guilty divers other fe lonies and robberies, and principal maintainer
robbers and felons; they peers and judges
assent the king, award traitor and enemy the drawn and hanged; and
was
council, that his said secret friends had excited peers parliament had for this time, the
the statute and assent The said Roger contrived the king's secret friends,
parliament. —14th. have destroyed whom had most
parliament
and adjudge him,
confidence; and surmised the king, the presence the queen his mother, the bishops Lincoln and Salisbury, and others his
do ex But
mother, and affirmed
him the said Roger impudently the king,
hereafter this should them give judgment
precedent draw any other but their
felony.
queen
and this
that
had said: and for these things and many others, not yet declared, had been apprehended; wherefore the king charged the earls and barons, the peers the land, these things concerned himself, themselves, and the people the realm, right and true judgment upon him for the crimes above written, being notorious and known
king and realm,
the earl marcschal was commanded
ecution; which was done accordingly.
appears the same parliament roll, that
then also declared, that though the lords and
his (the said Roger's) king's presence, proceeded judges give destruction the judgment upon those that were peers; yet
him combine with enemics beyond sea,
could not
true, themselves, and the people the kingdom. ”
Thomas son and heir amined these articles, came into parliament Maurice lord Berkley: Maude, John son before the king, and they delivered their opi and heir John Charleton lord Powis; nion, one their body, “that things con lanche Peter de Grandison; and Beatrix
tained the said articles were notorious, and first Edward son and heir Thomas of
known themselves, and the people; where Brotherton, carl marshal, son Edward
fore they, judges parliament assent and afterwards sir Thomas de Broose. "
king did award and judge the said Roger Dugdale's Baron. 110.
believed against what
peers, case “The earl
treason
Agnes Lawrence Then the earls, barons, and peers, having cx broke, Margaret
James lord
wife Thomas wick; Joan married
Beauchamp, earl War
March left four sons, eldest, died the flower
Edmund,
his age, and left his son Roger, who was re stored his grandfather's estates and honours. The earl had also seven daughters, Katherine
whom
his
Audley; Hastings earl Pern
the
of to of
for to his
toinby asofto
as by byto in to
he of ofif of or
in
all all
of
fit beso
to of
to of so beby
of
to of
* ofoftohetoof as
ofto
to
2,
of
ofof
it
to
to to de
into in
to all it all
of to be
toof
by
asto
to to
de de
of
as in
bea to
in
be all he to his
of
of of
to
do
of
as he
as hein ofinto
of
he to by he a
in inofto to
as
to
be
all he ofasso
all of
by to to
he he if in in by
do
he to as he;
of in
to
to
or by he ofto
of be he
of in;a
at of to to be allas his a
of by to it,a
oronno ofasoa deto ofto
in no to
to
3.
as
as of
of in
to at be
toin it
to
as
by
on
.
55] STATE TRIALS, 4 Edward III. 1331–proceedings against [56
9. Proceedings against Thom As DE BERKELE, for the Murder of King Edward 1331. [Rot. Parl. Edw. III. M. 16. ]
PLEAS the crown held before the lord thereof, the custody the same king; Where
king Edward, the full parliament next after the feast
the 4th year Edward.
since the conquest, his fore says, That concerning the death the Westminster, Monday same lord the king, assistance, assent,
Mautravers, being delivered
the castle the same Thomas
St. Katharine the virgin, the reign the same king
procurement his death, nothin guilty thereof; And this for good and
puts himself upon the country:-Therefore
this behalf let jury come before the lord the king his parliament Westminster,
days St. Hilary next be, &c At which day came the aforesaid Thomas before the lord the king his full parliament, and also jury,
wit, John Darcy, John Wysham, William Trussell, Roger Swynnerton, Constantine
de Mortimer, John de St. Philibert, Richard Rivers, Peter Huser, John Brynnton,
Richard. Revere, Roger Debenhale, and Richard Croupes, knights, who, their oath, say, That the aforesaid Thomas
“Thomas Berkele, knight, comes before the lord the king his full parliament assembled, and being spoken concerning this, That where
the lord Edward late king England, father
the lord the now king, lately was the same Thomas, and
the custody certain John
safely kept Berkele,
the same castle, the custody the same Thomas and John, was murdered and killed, how would
the county Glocester, and,
acquit himself
He says, That
sisting
even know any thing his death, until that
the death the same king?
never was consenting to, as Berkele nothing guilty the death
procuring his death, nor did
the aforesaid lord the king, father the lord the now king, nor assenting to, assisting
procuring his death: And they say, That
the time the death the same lord king Edward, father the lord the now king, was afflicted with such sickness Bradelye, without his castle aforesaid, that his life was despared of: Therefore the said Thomas acquitted thereof—And the jurors being asked whether the said Thomas ever withdrew him self the aforesaid occasion say, That did not. —And because the aforesaid Thomas placed keepers and servants under him, wit, Thomas
Gurney and William Ocle, for the custody the said lord the king, whom the said lord the king was murdered and killed, there fore, day given him before the lord the
Ralph de Neville, steward the household of the lord the king, &c. ”
present parliament; and this
ready
adjudge.
Since said lord
acquit himself the king's court shall —And upon that enquired him, lord the castle aforesaid, and the the king was delivered into the custody
them, Thomas and John, safely kept, and they took and accepted the custody the same
king, how can excuse himself, that should not answer for the death the same king And the aforesaid Thomas says, That true
that lord the castle aforesaid, and that he together with John Mautravers, took the custody the same king, keep him safely
aforesaid; but says, that the time when said that the said lord the king was mur
dered and killed, himself was detained
king, now his next parliament, hear his Judgment, &c. And the aforesaid Thomas de great sickness, that hath recol Berkele the mean time committed to
Bradelye without the castle aforesaid, such
and
lection
said
that he, together with the said John, obtained the custody the said king keep him safely
aforesaid, and placed keepers and ser vants under him, for such custody, can
any sickness excuse himself that should not
answer this respect? And the aforesaid king Edward, father the king that then was, Thomas says, That placed under him such That they falsely, and traiterously murdered keepers and servants the castle aforesaid, hin and that could take Thomas alive for maintaining such custody, whom con
fided himself; and who together with the
aforesaid John Mautravers, had, reason
what happened. —And upon this him, That since has acknowledged
What was done further concerning this
Thomas Berkele not find, but judg ment drawn, hanged, and beheaded, was
this same parliament given against Thomas de
Gurney and William Ocle, for the death of
was have 100l. bring his head, 100 marks; that could bring William Ocle alive was have 100 marks, his head, 40l.
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57] STATE TRIALS, 14 Edward III. 1341. —Stratford, Alp. of Canterbury. [58
10. Proceedings against John STRATFoRD, Archbishop of Canter bury, for Treason, 14 Edw. III. A. D. 1341. [Rot. Parl. 14 Ed. III. 17 Ed. III. 2 Brady, 21. 1. 1 Cobb. Par. Hist. 100. ]
IN the year 1340, king Edw. 3, finding himself the war had been granted him for main distressed for money to carry on his war in taining thereof; and what means, and whose France, and thinking that those who had the default lost Tournay; and punish the
care ef his revenues were in fault, suddenly fenders things according law. And returned from Ghent into England, on St. what concerned him, saving always the
Andrew's day; about midnight he arrived at estate Holy Church, and his own order,
the Tower, and next morning he sent for the was ready points submit the judg archbishop of Canterbury to Lambeth, but ment of his peers. This letter was dated found him not there. He also sent for the Canterbury the first January. —In the same
bishop of Chichester his chancellor, the bishop of Lichfield and Coventry lord treasurer, and
several others his great officers, clerks of chan cery, and justices, and imprisoned them in the
month, wrote Robert Bouser late made chancellor England,
the bishop Chichester,
lay-man)
the place
preservé the
Tower, except the bishops, whom, says Robert land entire And let him know, that the
of Avesbury, for fear of the Clementine Con ninth had levied and destrained for upon
stitution, That bishops ought not to be impri prelates and others the clergy, who were not
soned, he permitted to have their liberty. On bound pay those that paid the tenth the 3d of December, the archbishop went to granted the clergy, and held nothing the
Coronation-oath,
Charter; the infringers whereof were, by the God and Holy Church, against the law and
so
things he had done to the great danger of his
his
and
of England and the Pope's bull, which privileges clerks, and the danger
e had by him, excommunicated. Which their souls, who did such things, gave advice
assent the doing
soul,
He tells him, he had pronounced excommuni the rights and privileges
cate all such about him that were favourers of forthwith release the clerks, and others, that Treason, flatterers and imposed upon him; had been imprisoned against the Great Char
and detriment of his state and honour.
beseeched the
king
preserve
. . "; untouched
and his spiritual father beseecheth him hold
them such, some which their sloth, and
wicked service and advice, lost Tournay. And
requested him call together the prelates, great vise the king commit such things, not men, and peers the land, see and enquire hinder the release those that were kept
whose hands the Wool, Moneys, and other prison. He also declared, That the king's things then remained, which since the beginning ministers officers, what condition soever,
liberties Holy Church, and the laws the
Canterbury, and secured himself in his church,
to escape future dangers. Thither the king sent Nicholas de Cantelupe with letters of credence, That he would come to him to London, where he might personally speak with him; but he came not, pretending some about the king had threatened to kill him. Yet though he came not, he wrote to the king, and admonished him to take good advice, and make use of good and wise counsellors, and to re member that by evil counsel his father had, contrary to the laws of the land and Magna Charta, imprisoned some great men and others,
king barony, were obliged come parliament; and also exacted the tenth such
were bound pay the ninth, oppressing the clergy contra Deum Justitiam, against God and justice Exhorting and requiring him the Lord not permit the religious and clergy
pay otherwise than according the form
precept that exercise such adjudged them to death, seized their goods, or power Holy Church had permitted him. — put them to grievous ransom: and what hap He wrote also the king and his council after
pened to him for this cause. He also put him in mind, That by the circumspection and discretion
of the prelates, the great and wise men of the nation, his own affairs had prospered, so as he possessed the hearts of the people; and had met more assistance from the clergy and laity than any of his progenitors. But at present, by the evil counsel of some English and others, who loved their own profit more than his honour, or the safety of the people, he had imprisoned clerks and others, against the laws of the land,
this manner: “To our lord the king and his
the grant
assent Charter,
the taxes, nor give his advice
any thing prejudice that might tend
the Great the subversion should make
church-liberties, declaring out any writ, commission, purpose, should not omit
council, and every one them
John, Divine permission archbishop Can terbury, and the pope's legate, declare
those that arrest clerks, put them prison, and detain them against their wills, are excom. municated canon. ” Which sentence pub lished the church Canterbury, and causcd
published his brother suffragans, bishops that province. After the denun
ciation which sentence, several clerks (there
against imprisoned prejudice the Great named) were taken and
ter, the laws the land, and privileges such were detained. And further beseeched all the king's council, who had presumed ad
them. Wherefore
Church, and
We
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59] STATE TRIALS, 14 Edward III. 1341–Proceedings against Stratford, [60
who entered the granges, houses, aud other places of archbishops, bishops, ecclesiasticks,
or other religious without the consent of their bailiffs, and took and carried away their goods;
and those that commanded these things
be done, were involved the same sentence excommunication. IIe wished the king
would vouchsafe apply remedy, for could not dissemble; but that against such,
his pastoral office required him, his brother bishops the province, should
execute what was his and their bounden duty. Yet was not his intention, that the king, queen, their children, should compre
ance money not coming him, was for
hended this judgment munication, far
be excused.
sentence excom necessaries: whence trusting his promised
wrote all the bi shops his province, and commanded them
declare excommunicate such deprived churches their rights, malice infringed
disturbed their liberties free customs;
and those especially that violated the ancient liberties and free customs of his church of Can
As had resolved,
law
right they might
assistance, again passed over sea, and ob
tained his sea-victory, before related and afterwards besieged Tournay, aforesaid; when every day expecting the archbishop's management relieved, great neces sities, with what had been promised him, his hopes failed and though many letters and messengers had signified him, and others
his counsellors his adherents, the wants and dangers was for want money, being put did any thing contrary privileges. Also off with frivolous excuses and fine words, by
ced contract improfitable debts under the greatest usury; and could not prose cute his expedition, but must necessity re turn into England where declaring the archbishop his streights and misfortunes, he called parliament, which gave him the ninths
above, and the clergy tenth; which fully collected, and due time, had probably been
sufficient for the carrying his war, and the payment his debts, the small confusion
his enemies. Then says the archbishop promised again assist him effectually toward collecting the subsidy, and administring other
terbury, any manner diminished them,
those that disturbed the peace and quiet the
kingdom, that gave advice assistance favoured them. Also those who any art trick whatsoever should violate, break, di
which they palliated their fraud and malice, he was forced unwillingly consent truce, to his shame, and the hindrance his expedi tion. length his faithful friends, compa nions, and participants his adventure and tribulation, with whom discoursed how he might most aptly delivered from his present misfortunes, agreed the fault was the arch
minish, change any the liberties and free
customs contained the Great Charter,
Charter the Forest, privately openly,
word, deed, advice, the ancient liberties
and free customs granted them the City bishop's, either sloth negligence, not
London, should declared excommunicate. malice murmuring against him, that he had And then directs them proceed the not corrected the insolence the archbishop same manner against such imprisoned and officers, which should not speedily, clerks, entered into the houses, granges, they threatened quit his service, and with &c. archbishops, bishops, &c. above. —
|. oppressing the people, and taking bribes
others less note committed prison and believing might have more full ac count the actions of his officers from the
archbishop, whom had committed for long time the administration his affairs,
sent Nicholas Cantilupe command him come speedily London, that might
would cause abundantly supplied the about the business the kingdom: but con necessary expences from the revenue our tenning his requests and messages, with an lands, and subsidies; adding further, That we haughty look answered, That would not need only take care have ready expert and meet, come to, confer with him, but full stout soldiers. Then he tells how he went be parliament; which that time was not ra
yond sea, and entered into war vast ex tionally expedient convene: then recounting pence, obliging himself his confederates his great bounty and beneficence toward him, great sums money upon the promised aid his extraordinary respect and affection him,
but trusting broken reed, and his assist and the mighty trust and confidence had
The king, moved with this behaviour the archbishop, wrote the bishop London, and the prior and chapter Canterbury, harsh and severe language, how had been used the archbishop, and charged him with many great crimes; as, that being exalted the throne his nonage, desiring directed
sound counsel, believing him fidelity and
discretion exceed men, and using him the director his soul, and likewise the affairs his kingdom, and receiving him into great
draw themselves from the confederacy. Whence thinking the discipline and correction his officers, removed some from their offices for male-administration, subversion
familiarity; and seeing the kingdom France
devolved him right succession, and
was usurpcd Philip Valois, with great
importunity persuaded him make confe
deracy against Philip with the German princes,
exposing and our affairs the charge and
hazard war; promising and affirming, That ters safe conduct, coine to, and inform him
have personal discourse with him; but being always proud, and fearful adversity, pre
tended danger from some about him, he should stir out the church Canterbury.
The second time Stratford, steward
sent him Ralph Stafford his houshold, with let
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61] STATE TRIALS, 14 Edward III. 1341. -Archbishop of Canterbury. [62
him, declares how ungrateful he was, and how
he had deceived hite, wounding his innocence,
by railing at, and reproaching the justice, fide
fity, and diligence of his officers, by preaching
publickly, and sending letters into divers parts, expounding them hatred the archbishop,
That by royal power and against justice, the that the people might have opinion people had lately been oppressed, the clergy him. —The very same complaints against this confounded, the kingdom over-burdened with archbishop the king sent the pope, though exactions, taxes, and tallages. And because he somewhat smoother language some parts falsly endeavoured to obtain the name of a the epistle; and requests might
good pastor, which he always wanted, yet truly him removed out the kingdom, for preserving he was a notorious mercenary by common opi the peace and preventing other dangers nion, and iis own public confession; he ap that might feared ensue, staid there.
plied himself to assert the liberty of the church; Dat. apud Langele die Martii.
which if it had been injured or grieved, either The archbishop wrote answer the in persons or things, it was only and truly king's letter, which bears this title, The Excuse to be ascribed to the remissness, crafty in Answer the archbishop the slanderous
tentions, and reprobate counsels of the arch Libel; addressing himself way preface bishop wickedly pretending he had certain the king, telling him there were two things
sentences and articles of excommunication, made in general against the violators of church hiberty and the Great Charter, to blacken the
which the world was governed, the holy ponti fical authority, and the royal ordained power;
which the charge the priests was the ood opinion the people then had of the greatest and highest, inasmuch they were
sing, to defame his ministers, traiterously to the last judgment give account kings:
raise sedition amongst the people, and to with wherefore ought know, that they depend draw the affections of the earls, barons, and upon the judgment priests, who might not
great men from him. Wherefore being will directed their wills; for who could doubt ing, as he was bound, to secure the integrity of but Christ's priests were thought the his fame, to obviate the malice of the archbi fathers and masters kings, princes, and all shop, and to avoid the snares laid for him and faithful people. And proceeds inform his, he desired to publish some other of his him, that many bishops had excommunicated actions, besides those above repeated ; to wit, kings and emperors; and also inform him That by his improvident advice in his nonage, what good kings were do, and how be he had made so many prodigal prohibited gifts have themselves toward bishops, and what re and alienations, and done so many excessive verence, honour, and respect was due them. favours, that his treasury was exhausted, and And complains, that the honour due him, his crown rents beyond measure diminished ; regard his dignity, and was his and that corrupted by bribes, he had without rea father, was turned into disgrace, devotion into sonable cause remitted great sums of money due reviling, and reverence into contempt; whilst to him, and had given much of his rents and reve his epistles sealed with the royal seal, but nue, which ought to have been applied to his own more truly slanderous libels, dictated and use, to persons not deserving, or converted it written his enemies, containing many crimes to his own use; and presumed to attempt falsly imputed him, were sent the bishops
St. Peter Antioch, the 22d that month, the abbot St. Augustine's Canter bury, whom and his convent the like letters had been sent, published them the people,
other things to the detriment of his estate, da
mage of his royal dignity, and grievance of his
subjects, abusing the power committed to him.
Commanding those to whom this letter was too; which unthought
directed, to publish and cause others say detestable fact, royal power presumed publish such places they should think judge the Lord God his servants and priests;
Westminster, and seemed condemn him his spiritual the 12th February, the 15th his reign. father, and greatest peer the land, against
On Ash-Wednesday, being the 21st Fe the order God, human law, and natural bruary, the archbishop preached the cathe reason, not called, not convicted record, and
convenient. —Witness his self
Canterbury, and the end his ser unhcard, the danger his soul, and an
dral
mon
directed
against him, which desired might read: fession his affection him, and the great which was done order the prior, and the services had done him, comes his an contents them published the English swer, here following: that whereas accused tongue. Against which the archbishop every him, that when the kingdom France was point defended his innocence and then ad devolved him right succession, monished the people pray for the king, queen, importuned him make league with the and their children; and those that should Almain recover rights, and was only
devoutly, and also pray for the state find expert soldiers, and would find money; holy church, being penitent, and sorry for their which failing, you were, you say, forced con sins, granted forty days indulgence from tract great debts upon usury. To this said, purgatory. And the next day, being the chair That the beginning his government, when
his province, deans, abbots, priors, their
convents and chapters, and would God not
published his, the injury him that might not
told the people, there were letters example the manifest prejudice the the king the prior and convent peers England. At last, making great pro
so he
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63] STATE TRIALS, 14 Edward III.
1341. -Proceedings against Stratford, [64
he was bishop of Winchester, it was known by
whose counsel he was governed. That when
the kingdom had devolved to him by heredi promise send money him; and therefore
tary right, and so judged in the parliament at
Northampton, the two bishops ofWorcester,
(Adam Orleton) Coventry and Litchfield, were
sent into France to claim that kingdom in your ful, both then and times his service, name, and to hinder the coronation of Philip says, concerning his faithful friends, and de Valois; which Embassy was the greater those that accompanied him his enterprizes occasion of the war. We at that time were beyond sea, who desired remedy
not employed in any ofyour affairs, but were applied those services, that brought him hated at court, for what cause God knows. into those inconveniences and misfortunes;
Afterwards, when it pleased your majesty to
call me, with others of your privy council, to transact the public affairs, we considering the danger of mens souls, bodies, and goods by a
power
believed, according their words, culpable guilty any fault, they punished just, not arbitrary process. Then his two messengers, first
of.
to make peace between the two kingdoms; but after endeavours for peace proved in successful, and Philip had made war upon you, then parliament Westminster, called for that purpose, seeing the obstinacy Philip,
was that were
devouring war, endeavoured with
Cantilupe, bringing king's Nicholas the
was agreed you should league with the Ger
mans Almains, and others. As for the pay
ment the expences this war, there were out letters, and bare word cited him
better information his affairs, he sent for him, &c. ) The archbishop affirms, made
such warred his service, could not com plain his fraud negligence. And profess ing again how diligent had been, and faith
letters credence, only cited and enjoined him
into Brabant pay the king's debts, and stay there while they were paid that
had been summoned have been at London
with the king, his letters intimated, he must have been here and beyond sea the same time. As Ralph Stafford, came with
agreements made with certain merchants council Stamford, which are be found Chancery which observed, together with
come the king, affirming ought not
fear any treachery, and says (this notwith standing that though the king's letters con duct first view scemed sufficient for his com ing to, staying at, and returning from his coun cils, had been summoned, was not;
yet the same day received these letters conduct, the sheriff Canterbury brought him
other subsidies granted both laity, and the great customs
our own, but the opinion
clergy and wool, not only the coun
cil, had been sufficient for the whole war, well managed. And your majesty knows well,
the king's writ appear London before the king and council upon contempt;
though the king's letter gave him free liberty returning, yet the king's writ was ne cessity fall into his enemies hands; which
that these agreements were not broken
changed us, nor did the subsidies come
our hands; because after your first passage we
staid not this kingdom, but with the reverend
fathers the cardinals and bishop Durham,
went into France treat peace, often going boecame not, nor could become royal majesty
backward and forward from and
then Brabant and afterward, when there was hopes peace, staid some time with you there, and were made partakers your necessities, and with other prelates and great men England, became bound with you for great sums upon usury. -The second thing charged upon him the king's letters, says, was yet more wonderful (that when the ninth was granted, promised effectually assist the levying it; but that reason
the non-performance that promise, when before Tournay, was forced consent truce, contrary his mind;) this said, the whole subsidy for the ninth for the first year, was assigned
ready answer what should objected against him, before the prelates and peers,
saving his state and order. —As what was charged upon him (for publishing sentence excommunication, and commanding
against the violators ecclesiastic
iberty Charter,
and the Great blacken the
king's reputation, defame his ministers, and traiterously move sedition amongst the people, and withdraw the affections the earls, barons, nobles, and great men, from the king)
yourself, nevertheless, was, and should always
because upon him, lord could
seemed affix the crime of treason which case king temporal his competent judge, pro
his creditors before his tested openly and publicly, these presents,
might appear and therefore
was ma not prejudice his state send, nor wholly decline trial
any thing, but any secular judge his prodigality
the assig that what said, should say, intended
second passage,
nations themselves
nifest, that neither promised
could send any thing the siege Tournay, whatever. At last,
especially not knowing when began. —To the
third thing, (that the necessities and great
streights was were brought upon him
his fault, negligence, and malice, also
his other officers, some whom he was forced his innocence, and the great service had
remove, and imprison others, lest his friends done, the labour and expences had been that were with him, and allies beyond sea, for the crown. And near his conclusion he
should leave him and when desiring have says, This may suffice for answer the scan
giving away the revenues the crown un deserving persons, and wasting the product them, and converting the king's treasure his own use, utterly denies asserting again
to he at
of toof to
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o TRIALS, 1341. -Archbishop Canterbury.
65] STATE 14 Edward III. of [66
dalous Libel at present, and wisheth for the chancellor, the lord treasurer, and other high king's honour it had neither been wrote or pub officers state, should included under the
lished
The king very briefly to this Answer;
reproves hun for his insolent and undutiful lan
guage; tells him how much he honoured and these things were thus forwarded, the arch
revered his spiritual fathers, and that he ought bishop came again
not to overlook their offences, when he saw forbid the captain
the parliament, but was the king's guard, enter: whereupon
mons hath called me this
those letters wrote in his own vindication only,
had proceeded criminally against him ; and next the king have the first voice parliament,
them tending to the danger of him and his go William Attewood,
". mistake, vernment: and shews him his when
spake people thus the
he complained he was condemned of capital
that flocked about him, “My friends, the king his writ sum
crimes, unheard,
absent and as if he in
parliament,
forbids him and other bishops sentences excommunication,
publish any other things, derogatory
claim the rights my church Canterbury,
and therefore require entrance into parliament. ’ Tyrrel says, the archbishop was not summoned
this parliament. But when for this be ing kept out the guard, could not enter,
against the rights his crown,
his royal dignity and prerogative, they
had been always used his progenitors.
During this controversy between the king
took his cross his own hands, and so and archbishop, there was parliament called lemnly protested that would not stir from
Westminster, Monday next after
days
jrdinary bearing should not: while he stood there this man
ner, some that were by, began revile him, Can telling him, that was traitor, and de
terbury came, though had writ sum ceived the king, and betrayed the realm. To mons; attended with great company his whom the archbishop said, ‘the curse Al
the
o
Easter, the writ date March
summons Wede
into parliament, sufficient reason why
meet
that place, till the king gave him leave come
names peers; and set down request, that
conditions and estates might enjoy their
proper peculiar By
and liberties. that time
and who am the chief peer the realm, and who
stoke.
To this parliament the archbishop
clergy, and many knights. Upon his entrance
into the house, the high steward and chamber
lain met him, who the king's name forbad
him enter the parliament until had un this hurry certain noblemen chancing dergone trial the exchequer, for divers come out, besought them request the things laid his charge. The archbishop, lest king his behalf, and for the right his
he move the king too much, vouchsafed into that court, and there took copy
the Articles, which his accusation consisted, and these promised return Answer. Upon which was suffered the king
church Canterbury; this they kindly pro mised him do.
And accordingly the in
come into parliament, and there, before whole assembly, declared the cause coming be, “for the honour, rights and
the his
tercession and favour the lords, the king gave leave for his admission into the house, where offered purge himself lawfully
arliament the crimes objected against him he was referred the consideration of the
twelve peers, who had his cause hand berties the church, for the profit and com that time. On the nineteenth April, being modity the realm, and for the interest and Thursday, the king came into saint Edward's
honour the king:. . . and, lastly, that might chamber, commonly called the painted cham clear himself parliament several crimes ber, before whom, sight the lords and laid his charge, and published over Eng commons, the archbishop humbled himself, and
land his prejudice. ” This occasioned great debate amongst the lords this ques tion, “whether the nobility the land should
put answer, except before their peers open parliament? ’ committee twelve peers
required his gracious pardon; which upon the
whole parliament's general suit and entreaty,
his majesty granted. After which the arch bishop desired, that whereas was publicly defamed through the realm, might now be arraigned open parliament before his peers: but the king answered, would first attend the common affairs, and after that examine lighter matters.
ward when the king commanded, that the things touching the Arraignment the arch
was appointed draw
his majesty; and they were,
concerning the crimes laid
representation also, enquire
the archbishop's charge, and fairly represent how far they
The next parliament was the 17th Ed
thought him blameable. Joshua Barnes particular the sequel the controversy, be
twixt the king and the prelate, that we cannot do better than give his own words.
bishop, which remained
William Kildesby,
parliament, should
outed laid aside,
reasonable or true and master John de Ur
“Whereupon are named four bishops, four
the hands sir
earls, and four barons, draw the platform
for the king's view. These being also en quire concerning the crimes laid against the
advised upon this annulled and totally such were neither
archbishop, and prepare them for the king, ford was commanded bring them into parlia among other things determined, that the lord ment, be vacated there.
Wol,
mighty God, and his blessed mother, and
saint Thomas and mine also, upon the heads them that inform the king so. Amen. Amen. ”
I,
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07] STATE TRIALS, 51 Edward III. 1377. -Proceedings against [68 *
Proceedings against John Wick LIFFE, for IIeresy, Edw. III.
1377. Rd. 1383, [Fox's Acts and Monum. 562. ]
THE bishops now seeing the aged king Wickliffe the presence the duke Lan taken away, during the time whose old age caster, and lord Percie who, vpon the decla
the gouerument the realme depended ration the pope's letters made, bound him vpon the duke Lancaster; and now the said silence, forbidding him not entreate any
bishops againe seeing the said duke, with the more those matters. But then through the lord Percy, the lord marshall, giue ouer their disturbance the bishop London and the
offices, and remaine their priuate houses
without intermedling, thought now the time
serue them, haue some vantage against John
Wickliffe; who hitherto, vinder the protection
of the foresaid duke and lord marshall, had Gregory the eleuenth. some rest and quiet. Concerning the story
which Wicklifie, trust (gentle reader)
out thy memory what went before, how
being brought before the bishops,
meanes the duke and lord Henry Percy, the Edward, sendeth his bull the hands and counsell was interrupted, and brake before nine meanes (peraduenture) one master Edmund
the clocke. By reason whereof, Wickliffe Stafford, directed vnto the vniuersity Oxford, that time escaped without any further trou rebuking them sharpely, inperiously and like
duke, and lord Percy, that matter was soone dispatched, hath beene aboue recorded. And all this was done the daies and last
yeere king Edward the third and pope
The next yeere following, which was the yeere our Lord 1378, being the first yeere
not
the gory taking time, after the death king
king ltichard the second, the said pope Gre
ble. Who notwithstanding, being the bi pope, for suffering long the doctrine
shops forbid deale that doctrine any more, continued yet with his fellowcs going barefoote, and long frise gownes, preaching diligently
John Wickliffe take roote, and not plucking with the crooked sickle their catholike doctrine. Which Bull when came be
wnto the people. Out whose scrimons these exhibited vnto their hands, the pope's mes articles most chiefly that time were collect senger aforesaid; the proctors and masters ed. —That the holy Eucharist, after the conse the Vniuersity, ioyning together consulta cration, not the very body Christ, but tion, stood long doubt, deliberating with figuratiuely. —That the church Roune, not
the head churches more than any other chu. ch is: Nor that Peter hath any more power giuen Christ, than any other Apostle hath. --Item, that the pope Rome bath
more the keies the church, then hath any
and meritoriously take away their temporali Lincolne, greeting, and apostolicall benc ties from the churchmen offending habitualiter. diction. —We are compelled not onely —Item, any temporall lord doe know the maruell, but also lament, that you, consider church offending, bound, vinder paine ing the apostolicall seate hath giuen vnto your
priesthood. —Item,
God be, the lords temporall may lawfully cellor and Vniuersity Oxford, the diocesse
other within the order
damnation, take the temporalitics from Vniuersity Oxford great fauour and priui the same. —Item, that the Gospel rule suf ledge, and also that you flow large ficient selfe rule the life euery chris sea the knowledge the holy Scriptures, tian man heere, without any other rule. —Item, and ought champions and defenders that all other rules, vnder whose obseruances the ancient and catholike faith (without the diuers religious persons gouerned, doe adde which there saluation,) your great no more perfection the Gospell, than doth
the white colour the wall. —Item, that nei
ther the pope, nor any other prelate the
church, ought haue prisons wherein pu
mish transgressors.
Beside these Articles, diuers other Conclu sions afterward were gathered out his writ ings and preachings the bishops Eng land, which they sent diligently pope Gre
waxe strong and choke the corne. Neither haue any care (as we are enformed) ex tirpe and plucke the same the rootes, the great blemishing your renoumed name, the perill your soules, the contempt the
gory Rome; Where the said articles being
read and perused, were condemned for here the encrease that filthie weed was more
ticall and erroneous three and twenty car dinals.
the meane time, the archbishop Canturbury, sending forth, his citations, aforesaid, called before him the said John
sharpely rebuked and iudged of, Rome than England where sprang. Wherefore let there bee meants sought the helpe the
themselues whether receiue the pope's Bull with honour, refuse and reiect with shame.
The copy this wilde Bull, sent them from the pope, was this: -
“Gregory the bishop, the seruant Gods seruants, his well beloued sonnes, the Chan
negligence and sloth will suffer wild cockle, not onely grow among the pure wheate the flourishing field your Vniuersity, but also
church Rome, and the great decay the
anticnt faith. And further(which grieueth vs)
faithfull, roote out the same. Grieuously come our eares, that one Iohn Wickliffe,
to to
of yeto
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in
as isof
no
he of
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In
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to D. be
ofof is
to
of
II.
toofsoofso ; of ofin
by in
in byas in
it
to 51 of
in of ofof to a
of to it
of
of of of
it to of of to
to
of
to to
I of
69]
STATE TRIALS, 6 Rich ARD 1983. −John IPickliffe, for Heresy. [70
Parson Lutterworth Lincolne diocesse, Canturbury Simon Sudbury, the bishop professour diuinitie (would God were not London named William Courtney, with the
rather naster errours) runne into kind detestable wickednesse, not onely and open publishing, but also vomiting out the filthy
dungeon his breast, diuers professions, false and erroneous conclusions, and most wicked
Conclusions Iohn Wickliffe therein inclosed, commanding them, vertue those his let ters apostolicall, and straitly enjoyning them
cause the said Iohn Wickliffe apprehend ed, and cast into prison; and that the king and
W.
side this bill
archbishop
London, bearing the date, calend. Iun. and the 7th yere the reigne the pope; find, moreouer, the said story two other Letters the pope concerning the saine matter, but differing forme, sent vnto the same bishops
and damnable heresies.
defile the faithfull sort, and bring them from
giue any credit
right path headlong perdi
the said Iohn any wise. —Be Bull the Pope, sent vnto the
the into the
tion, ouerthrow the state the and
his doctrine
Canturbury and the bishop
church,
ytterly subuert the secular policie. Of which
agree (only certaine names and termes changed) with the peruerse opinions, and vnlearned doctrine
Marsilius Padua, and Iohn Gandune, vnworthie memory, whose bookes were vt
the realine England, happy memory Iehn 22.
more glorious and shining purenesse faith;
his mischiefuous heresies some seeme
terly abolished our predecessour
and all bearing the same date both yeere, and moneth the reigne pope Gregory. Whereby
the day,
the said supposed,
id:
kingdome
onely
doth not
power, and abundance faculties, but much
Where*
by might
the nobles them, not
England should be admonished
flourish
that the pope either was very exquisite and so licitous about the matter, haue Wickliffe
apprehended, which wrote three diuers let ters one person, and one day, about scriptures, ripe grauity maners, men nota one businesse; else that did suspect the
Accustomed alwaies bring forth men excel lently learned the true knowledge the holy
ble deuotion, and defenders the catholike faith. Wherefore we will and command you
bearers thereof; the scruple whereof leaue the iudgment the reader. —Furthermore,
our writing apostolicall the name your besides these Letters written the vniuensity, obedience, and vpon paine priuation our and the bishops, directeth also another fauour, indulgences and priuiledges granted Epistle bearing the same date vnto king Ed wnto your and your vniuersity from the said see ward; one my stories saith, but ano apostolicall that hereafter suffer not those ther saith, king Richard, which soundeth pestilent heresies, and those subtill and false more neere the truth, forasmuch the
conclusions and propositions, misconstruing 7th yeere pope Gregory the which was the right sense faith and good workes (how the yeere our Lord 1378, king Edward was
soeuer they tearme what curious implica tion words soeuer they vse) any longer disputed of, brought question: Lest
bee not withstood the first, and plucked
not aliue. The copy his Letters the king here followeth:
the roots, might perhaps
after prepare medicines
number infected with the
further that apprehend immediatly
greater And cause
too late here
The copy the Epistle sent
Rome Richard king secute Iohn Wickliffe.
the bishop England, per
when contagion.
“Vnto his well-beloued sonne Christ, Richard the most noble king England, health, apprehended the said Iohn Wickliffe, and &c. —The kingdome England, which the
deliuer him detained the safe custody most highest hath put vnder your power and our well-beloued brethren, the archbishop gouernance, being famous and renoumed
Canturbury, and the bishop London, valiancy and strength, abundant and flowing
either them. And you shall find any gainesayers, corrupted with the said doctrine (which God forbid) your said vniuersity within your iurisdiction, that shall obstinately stand the said errours; that then like maner apprehend them, and commit them
safe custody, and otherwise doe this
case shall appertaine vnto you
your carefull proceedings herein, your negligence past concerning the premisses may now fully supplied and recompensed with present dili gence. Whereby you shall not onely purchase
all kind wealth and riches, but mu. ch more glorious, resplendent and shining through the brightnesse and cleerenesse godlinesse and faith, hath accustomed alwaies brin forth men endued with the true knowledge vnderstanding the holy scriptures, graue yeeres, feruent deuotion, and defenders
the catholike faith: the which haue not only directed and instructed their owne people through their wholesome doctrine and precepts into the true path God's commandements;
but also we haue heard the report and in wnto you the fauour and beneuolence the formation many credible persons (to our seate apostolicall, but also great reward and great grief and heart sorrow) that Iohn Wick
merit almighty God. Yeuen
Maries the greater, Kalend.
the yeere our consecration. ”
Besides this bull sent the vniuersity Ox into such
Rome Iune, and
diocesse would
ford, the said pope Gregory directed moreouer nesse, that
letters the same time the archbishop diuers and sundry conclusions full errours,
liffe parson Lutterworth, the Lincolne, professor diuinitie
author heresie)
detestable and abominable mad
God were
fallen
hath propounded and set forth
his
inS. to of to by by be
ofof
lyof
to
in
ye ofin of in of
of of
to ofhe
is
of
be
by
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if to vpit be
in
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of
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in
of
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in
ofat
:
of
of he a
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Soin in as
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to
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of
be
of
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to
to ye it or ;
of
or
ofis
a
at
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of
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of
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of of by
of
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as
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of of
71] STATE TRIALS, 6 Richard 1383. -Proceedings against [72
and containing most mainfest beresie, the and consent, neither the consent of his col
which doe tend viterly subuert and ouer ledge, either make able disable any man. throw the state of the whole church. Of the man cannot be excommunicated his
which, some them (albeit vnder coloured hurt vndoing, except first and princi phrase and speech) seeme smell and sauor pally excommunicate himselfe. No man peruerse opinions, and the foolish doctrine ought, but Gods cause alone, excommuni
coondemned memory Marsilius Padua, and Iohn Ganduno, whose bookes were pope Iohn the 22, our predecessor, man
cate, suspend, forbid, otherwise pro
ceede reuenge any ecclesiasticall censure. 10. curse or excommunication doth not
simply binde, but case pronounced and giuen against aduersary
c. ”
happy memory, reproued and condemned,
out Hitherto gentle reader, thou hast heard how 11. There
the Gods law. power giuen any example,
Wickliffe was accused the bishop. Now either Christ
apostle, excom: you shall also heare the pope's mighty reasons municate any subject, specially for denying
and arguments, the which did confute any temporalties, but rather contrariwise. 12. him, the king. followeth The disciples Christ haue power exact, Therefore, forsomuch our reuerend bre any ciuill authority, temporalties by cen thren the archbishop Canturbury, and the sures. 13. not possible the absolute
bishop London haue receiued speciall commandement from vs, our authority
power God, that the pope
christian doe pretend any meanes loose, that thereby hee doth
any other bind bind and
apprehend and commit the forenamed Iohn
Wickliffe vinto prison, and transport his con loose. 14. We ought beleeue that the vicar
fession vnto vs; they shall seeme the pro Christ deth
secution this their businesse lacke your loose, when
fauour helpe, we require and most earnestly law and ordinance
desire your maiesty, euen your most noble vniuersally bee beleeued, that euery priest predecessors haue alwayes beene most earnest rightly and duly ordered, according vnto the law louers the catholike faith (whose case grace, hath power according his vocation, quarrell this matter chiefly handled) that whereby may minister the sacraments, and you would vouchsafe (euen for the reuer consequently absolue any man confessing his ence God, and the faith aforesaid, and also fault, being contrite and penitent for the same.
the apostolike seate, and our person) with 16. lawfull for kings (in causes licensed }. helpe and fauour assist the said arch the law take away the temporalties from the ishop and other that shal goe about exe spiritualty, sinning habitualiter, that which cute the said businesse. Whereby besides the continue the custome sinne, and will not
praise men, you shal obtaine heauenly re amend. 17. Whether they temporall lords,
ward and great fauor and good will our hand, and of the see aforesaid. Dated Rone
Mary the greater, the cal. Iune, the 7th yeere our bishoprike, an. 1378. ”
any other men whatsoeuer they be, which haue endowed any church with temporalties; lawfull for them take away the same
temporalties, were way medicine, The Articles included the pope's letters, auoid sinne notwithstanding any excommuni
of against Wickliffe, were these which
censure;
which sent the bishops, doe follow.
cation
forso
The Conclusions Iohn Wickliffe, exhibited
tion.
the bishop Rome, may lawfully bee rebuked
the Conuocation Lambeth.
certaine bishops
his subjects, and for the profit the church accused either the clergie the laitie. ” These Letters with the Articles inclosed being
“1. All the whole race earth, besides Christ, hath ordaine that Peter and
mankinde here on
power sim
offspring should with themselues, and that open profession
F.
thus receiued from the pope, the bishops tooke little heart, thinking and fully determining
the
king
order much
other ecclesiasticall
they are not giuen but vnder condi
rule ouer the world for euer. before their prouinciall councell, that man łod cannot giue any man for him and his ner respects feare fauour set apart,
heires any ciuill dominion for euer. All person neither high nor low should let them, writings inuented men, touching perpetu neither would they bee seduced the intreaty heritage, are impossible. Euery man, any man, nor any threatenings rewards,
being grace iustifying, hath not only right but that this cause they would execute most ynto the thing, but also time hath right surely vpright iustice and equitie: yea albeit
indeede aboue the good things God.
man cannot onely ministratoriously giue any But these fierce bragges, and stout proomis:es,
temporall continuall gift; either well his naturall sonne, sonne imitation.
an and meritoriously take away the riches from preuaile) small occasion did lightly confound the church when they doe offend habitualiter. and ouerthrow. For the day the examination
We know that Christs vicar cannot, neither being come; certaine personage the princes able his bulls, neither owne will court, and yet great noble birth, named
thought them sure before: the Lord God be, the temporall lords may lawfully whom no determination of man's couns
ell c
such times onely binde and worketh conformably the
Christ. 15. This ought
18. An ecclesiasticall minister, and also
present danger life should follow thereupon. with the subtill practices these bishops, which
is7. 6. A all S. of “ *: Ifin to
by
in he of of of or of
his
byasof to 5.
to atat in
aof
of
of
of
in
be
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as to
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of
if Itby
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all of hisno of
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to to
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of
all
to
in 11
4. ofa to he
as
of
as
to by in a
as
3.
»ly
of
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at
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ofoftoby
8. II.
by or of ofof
to
no
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in
to
isIt, AorA as or to is of by to
bysoin
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of so no
of
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in he is
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of or
of
of
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to byof
to byif
by by hisitorhe
so or
or a is, tototo 9.
all by to to no to by or of
:
73] STATE TRIALS, 6 Richard
Lewes Clifford, entering among the bishops,
commanded them that they should not pro
ceede with any definitiue sentence against Iohn
Wickliffe. With which words they were
anazed and their combes cut, that (as the Peter, &c. —This conclusion story mentioned) they became mute and
speechlesse, men hauing not one word their mouthes answere. And thus the
wonderous worke God his prouidence, escaped the article our Creed, iudge both the Iohn Wickliffe the second time out of the bi quicke and the dead. And then (as the Scri
shops hands; and was them clearely dis ture teacheth) shall surcease missed vpon his declaration made his arti tike rule here; vnderstand cles, anon shall follow. —Moreouer, here secular dominion pertaining
ciuill and poli the temporall and
1383. −John Wickliffe, for Heresy. [74
men here dwell not passed ouer, how the same time, ing this mortall life. For doth the philo and the said chappell the archbishop sophers speake ciuill dominion. And al Lambeth, where the bishops were sitting vpon though the thing which terminable, and hath
Iohn Wickliffe, the story writing the doing end, called sometimes perpetuall: yet be thereof, addeth these words, saying: “Non cause holy Scripture, and vse the Church,
dico ciues tantüm Londinenses, sed viles ipsius and the bookes philosophers most com. ciuitatis impudenter ingerere presumpserunt monly that taken bee perpetuall, which
eandem capellam verba facere pro eodem, bath no end time hereafter come accord istud negotium impedire, confisi, reor, ip ing the which sense the Church singeth Gloria
sorum premissa negligentia praelatorum, &c. ” patri, &c. Nunc, That say not onely, that the citizens the same signification London, but also the vile abiects the citie (perpetually) and
perpetuum also after take here this word this conclusion conso
the Scripture, that ordaine the course and
so
offered and exhibited vnto the bishops writ ere euer: Secondly, absolute power
here not forgotten, how the said Iohn And hold, that God first ordinate Wickliffe, the same time his examination, cannot giue any person ciuill dominion
ing protestation, with declaration expo not probable that will doe: forso sition his owne minde, vpon the said his arti much hee cannot euer detain his spouse
cles, the effect hereof followeth:
The Protestation of Iohn Wickliffe.
“1. protest Ihage often before done) that
perpetuall prison this life, nor alwaiés deferre the finall beatitude of his Church.
To the third conclusion. Many writings
charts inuented doe minde and intend with my whole heart (by tuall heritage ciuill,
men, touching perpe vnpossible. —The vesity incident. For we must not
the grace God)
harts whatsoeuer,
for then were not take away seques
true Christian, and
this conclusion
long breath shall remaine me, pro canonize manner co
Christ. And ignorance other
catholike, vniuersall
tion; most humbly submitting my sclfe vnder Church, great occasion
the correction our holy mother the Church. nistred men chartered,
And forsomuch the sentence my faith, temporall charts; and might
which have holden the schooles and else much liberty and licence sinne. For like
fesse and defend the law
shall happen that through
wise shall faile therein
pardon and forgiuenesse. And now againe doth vniustly occupy the same. And that before also, doe reuoke and make retracta stand confirmed and ratified the faith the
desire my Lord God
lawfull any meanes things giuen chart
charter, when
where, reported euen children, and more
ouer carried children euen vnto Rome:
therefore lest my deare beloued brethren should
take any offence me, will set forth writ Scripture, and
ing the sentence and articles, for the which cessity things
am now accused and impeached: the which Euery man being grace iustifying final also euen vnto the death will defend As lie, hath not onelie right vnto the thing, but beleeue Christians ought doe, and specially also for his time hath right indeede ouer the
the bishop Rome and other priests and good things God. —The veritie hereof eui
ministers of the Church. For doe vnderstand the conclusions after the sense and manner of speaking the Scriptures and holy doctors, the which am ready expound: And they shall
found contrary vnto the faith, am ready reuoke, and speedily call them backe againe. ”
dent, holy Scripture, Mat. 24. Where verity promiseth euery man entering into ioy', verily (saith he, tell you, shall set and place him ouer the goods hath. For the right and title belonging the communion saints their country (hee meanethin the king
An Exposition vpon the conclusions Iolin
Wickliffe, exhibited him “All the race mankinde here
the bishop. earth beside ordaine, that selfe eui
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med bee bold the same chappell beth, where the bishops were sitting vpon
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nant the principles
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&c. —Ouer, dominion,
before the bishops, and beside, ciuill the conclusion before.
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here
perpetually
any man, &c. —To
§.
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75] STATE TRIALS, 6 Richard o1333. —Proceedings against [70
giue any temporall dominion gift perpetuall, such excommunication
well his owne naturall sonne, his proceede and begin originally his owne sonne imitation. —It euident. For euery sin which damnified whereupon Augustin
dome heauen). Fundatur obiectiue super vicar Christ,
wniversitatem bonorum Dei that hath his from aboue.
relation, vnto his obiect, the goods and man cannot be excommunicate to his possession God. hurt vndoing, except excommunicate
commeth him another way man can but onely ministratoriousl first and principally himselfe. —It euident,
man ought recognise himselfe his saith, De verbis Domini Sermone 51. Doe not workes and doings, humble seruant and thou conculcate thy selfe, and man ouercom
Scripture meth thee not. And moreouer the faith of the doe teach vs. Let man so esteeme of vs as Church doth teach, quod nulla nocebit aduer
minister God. As the words
the ministers Christ. Yea, Christ him sitas, nulla dominetur iniquitas: that
selfe did teach his chiefe apostles minister; say No aduersitie shall hurt, iniquitie
but their country the saints shall giue vnto hath the vpperhand. And yet notwithstanding, their fellow bretheren the dominion of their euery excommunication for many causes also
goods, inferioribus
They shall giue you, and put into your bosomes good measure and perfect, well filled and heaped vp, and running ouer.
Luke
patet suis corporibus bonis natura,” according the words
feared, although that the excommunication the Church, the humble man being ex
communicated, not damnable but wholsome.
No man ought but God's cause alone excommunicate, suspend, &c. —It cleare,
God bee, temporall lords may lawfully
and meritoriously take away the goods for God, whose respect ought chiefly
tune from the Church when they doe offend habitualiter. —This conclusion correlatiue with the first article of our faith beleeue
God the Father Almighty, &c. Where vn
derstand this word (may) this conclusion
forasmuch euery iust cause and pondred. Yea, the loue
the cause bee weigh the person
saith and granteth, that God able these
stones raise children Abraham for
otherwise Christian princes were heretikes. For this conclusion thus standeth the reason:
doe: and may com
thority their pleasure: but onely the au 11. There example Christ, which thority the Church they may doe, giueth power his disciples excommunicat
cases and forme limited We know that
the law. any subject (especially for denying any tem not possible that the but contrary. —Which thus declared
faith, whereby
his pure bulls, &c. — the wee beleeue that God
omnipotent: and hee able command the lords
his God, appeareth 13.
