executed.—Then Thomas Uske was accused for procuring himself to be made Under-Sheriff of Middlesex, to the end to cause the said lords, and loyal lieges, to be arrested and indicted, as had been said before; and was aiding and counselling the Appealed in the Treasons afore said.-John Blake answered, That he was retained of council for the king, by his command, and sworn to keep secret his Advice, and whatever he did, it was by the king's command, whom he ought to obey.' And Thomas Uske gave the same answer. Whereupon the lords temporal took deliberation till the morrow, being the 4th of March, when the said John and Thomas were again brought into parliament; and good advice and deliberation having been taken by the lords, they pronounced them Guilty of the things whereof they were accused. And whereas they alledged for their excuse the king's command, it made the crime the greater, for that they knew well the persons appealed and condemned, had encroached to themselves royal power, as is said before, and it was their command, and not the king's; then the lords awarded, by assent of the king, that they should both be Hanged and Drawn as Traitors,' as open enemies to the king and kingdom, and their heirs disherited for ever, and their lands and tenements, goods and chattels forfeited to the king: and they were executed the same day. On the 6th of March, Thomas bishop of Chichester was impeached and accused by the Commons, that he was present at the places and times when the said Questions were put to the Justices, &c. and the Answers made; and excited them by threats to answer as they did, and knew the false purposes and Treason designed by the Traitors adjudged, and aided and assisted them, and would not make discovery to any of the lords, that caused the said Commission to be made last parliament, whereby Remedy might have been had for the safety of the king and kingdom. To which the bishop answered, That of his own freewill, he had not excited them to do or say any thing; and further said, they were not excited or charged to say any thing but what the law was: and touching the concealment of the Treason, he had made such assurance as he could not discover: and said further, that the traitors were about the king; and had such power over him before, that he had not so great interest in the king as to prevent those mischiefs, that now came upon him. The commons replied, He had upon the matter confessed himself Guilty, and prayed he might be attainted. Upon this Answer of the bishop, the Replication of the Commons, and all circumstances of the Accusation, the lords took time to give such Judgment, as might be for the honour of God, and profit of the king and kingdom. Simon de Burleigh, John de Beauchamp, James Baroverse and John Salisbury, were brought into the Parliament House, where they were impeached at the instance of the Cominons. The Articles exhibited against them were sixteen; the first Article was the first Ar ticle in the former impeachment; in the second Article they were accused as Traitors and enemies of the kingdom, for that they knew of all the treasons in the Appeal mentioned, and that they were aiding, assisting, counselling and assenting to all the Traitors attainted; and that Simon Burleigh, and John Beauchamp were principal actors in all the said Treasons. In the eighth Article they were accused for conspiring and designing with the five persons appealed, to destroy and put to death those who were assenting to the making of the said Commission and Statute in the last parliament. Another Article was, That the said Simon Burleigh being King's Chamberlain, and being obliged to counsel the king for the best, to the advantage of him and his realm, he the said Simon by his wicked contrivance and procurement advised the king to entertain in his household great numbers of aliens, Bohemians and others, and to give them large gifts out of the revenues and profits of the realm, whereby the king was greatly impoverished, and the people otherwise oppressed.-The other Articles are of less moment, but all relating to the articles of the appeal, to which they all pleaded Not Guilty.-The Commons replied they were Guilty, and the lords took time to examine and consider the Impeachment. Upon this and the bishop of Chichester's Impeachment, the lords adjourned until the 20th of March, on which day the whole parliament was adjourned until the 13th of April, on which day the lords further adjourned till the 5th of May; the time between was taken up with the Affair of sir Simon Burleigh: for three appellants, viz. the duke of Glocester, the earls of Arundel and Warwick, with the whole house of commons, urged that Execution should be performed according to the law on the other side, the king and queen, the earls of Derby and Nottingham, and the Prior of St. John bis uncle, with the major part of the house of lords, did labour to have him saved.-There was also some muttering among the common people, and it was reported to the parliament that the Commons did rise in divers parts of the realm, but especially about Kent, in favour of sir Simon Burleigh; which when they heard, those that before spake and stood for him, now clean left him.— By joint consent of the king and the lords, Sentence was pronounced (May 5.) against the said sir Simon Burleigh, That he should be drawn from the Tower to Tyburn, and there be hanged till he be dead, and then have his head struck from his body: but because he was a Knight of the Garter, a gallant courtier, powerful, and once a (r) favourite of the king's, and much respected of all the court, the king was pleased to mitigate his doom, that he should only be led to Tower-Hill, and there be beheaded. John Beauchamp, steward of the houshold to the king, James Baroverse, and Jobn Salisbury, (r) See a particular account of his advancement and greatness, Holin. vol. iii. p. 464. (s) The judgments were afterwards reversed in the parliament held the 21st Rd. 2. but that parliament is declared to have been knights, gentlemen of the privy-chamber, were in like manner condemned; May 12, the two first were beheaded on Tower-Hill, but John Salisbury was drawn from Tower-Hill to Ty-held by force in the Parliament Rolls, 1 Hen. 4. burn, and there hanged. On the same day also was condemned the bishop of Chichester, the king's Confessor; but because of his great dignity he was pardoned, but was banished to Cork in Ireland (s). Nos. 21, 22, and No. 48, and is therefore entirely repealed by 1 Hen. 4. cap. 3. and the parliament of 11 Rd. 2. confirmed and approved of, as for the honour and profit of the realm, 1 Hen. 4. cap. 4. 13. Impeachment of THOMAS FITZ-ALAN, archbishop of Canterbury, of High Treason: 21 Richard II. A. D. 1397. [Cotton, 368. 1 Cobb. Parl. Hist. 224.] ON the 20th of September 1397, the commons came before the king, in full parliament, and made Protestation by their Speaker, that though they intended to shew and declare certain matters and Articles, which they had then advised of and agreed amongst themselves; yet, nevertheless it was and is their intent and will, with leave of the king, to accuse or impeach any person or persons, as oft as they should think fit, during the time of this parliament; they prayed the king that he would please to accept this Protestation, and, that it might be entered as a Record on the Roll of Parliament; which the king granted and commanded to be done accordingly. On the same day, the commons came again before the king, in parliament, and impeached Thomas Arundel, then archbishop of Canterbury, of High Treason; "For that he, being the chief officer of the king, his chancellor, when he was bishop of Ely, was traiterously siding, procuring and advising in making a commission, directed to Thomas duke of Gloucester, Richard earl of Arundel, and others, in the 10th of his majesty's reign; and made and procured himself, as chief officer, to be put into it, to have power, with the other commissioners, to see it put in execution; which commission was made in prejudice to the king, and openly against his royalty, crown and dignity; and that the said Thomas actually put the said commission in execution." that the said archbishop, in the 11th of the king, procured and advised the duke of Gloucester, with the earls of Warwick and Arundel, to take upon them royal power, and to arrest the king's liege subjects, viz. Simon Burley and James Berners, knights, and adjudge them to death, contrary to the king's will and without his consent; thereupon, the said commons prayed the king that the said archbishop might be put into safe custody." Also, The king answered; "Because the accusation and impeachment touched so high a person, and a peer of the realm, he would be advised." The next day the commons prayed the king, "That as they had impeached and accused the archbishop of Canterbury of assenting and being in the contrivance of making the commission on the 19th of November, in the 10th of the king, and agreed to the execution of the same, which was expressly against his state and dignity, that he would please to ordain such judgment against the said archbishop as the cause required." Hereupou the king commanded it to be recorded in parliament, "That the archbishop bad been before him, in the presence of certain lords, and confessed that he was mistaken, or erred in the exercise of the commission, and therefore put himself upon the king's grace and mercy." Upon this, the king and the lords temporal, with sir Thomas Peircy, the proctor for the prelates, who, as it appears upon record, had full power from the whole body of the clergy to act for them, adjudged and declared the said article, which the archbishop had confessed, to be treason, and that it touched the king himself; for which they, also, adjudged and declared him a traitor. And it was awarded in parliament, "That he should be banished out of the king dom, have his temporalities seized, and his goods and chattels forfeited to the king, who was, also, to appoint the time of his exile." Whereupon, the king assigned him a time of passage, which was from the eve of St. Michael, until six weeks next ensuing; to pass from the port of Dover into France; and further, that he should forfeit all his lands, tenements, and possessions, which he had in fee simple by descent, or purchase, or otherwise, at the day of the treason committed, or after, or that any one held to his use, to the king and his heirs for ever. 14. Impeachment of THOMAS duke of GLOUCESTER, RICHARD earl of ARUNDEL, THOMAS earl of WARWICK, THOMAS MORTIMER, and sir JOHN COBHAM, knight, of High Treason: 21 Richard II. A. D. 1397: [Cotton, 377. Froissart, 1. 4. c. 90. Walsing. 354. 3 Tyrrel, 968. Brady, 411. 1 Cobb. Parl. Hist. 225.] IN the Parliament assembled at Westminster but many disinherisons and other most great the 17th of September 1597, came on the mischiefs and damages have happened, as well proceedings against the duke of Gloucester, to us, as to our people and whole realm. Now and the earls of Arundel and Warwick, we, for the honour of God, and for the good contained in several Articles of Impeach of us and our realm, and for the quiet and rement then brought against them, by way lief of our people, willing against the said misof bill, by the Lords Appellants, mentioned in chiefs to establish a good and meet remedy, as the Council of Nottingham. The bill, as ap- we have already of our free will, at the request pears by the Record itself, was directed to the of the lords and commons, ordained and askg in parliament, and is to this effect. First, signed such persons for our great officers; that it sets forth, "That the duke of Gloucester, is to say, our chancellor, treasurer, and keeper and the earl of Arundel, designing to encroach, of our privy seal, as we csteem good, faithful, and have the government of your royal person and sufficient, for the honour and profit of us and kingdom, with the liberties and dignities and our realm: so also of our real authority, thereof, as well within this kingdom, as with certain knowledge, good pleasure, and free out; when the parliament sat at Westminster, will; and by the advice and assent of the prein the 10th of your reign, they sent a peer of lates, lords, and commons in full parliament in the land to you, who on their behalf, and by aid of the good governance of our realm, and their command, told your majesty, that if you the well and due execution of our laws, and for would not consent to make to them, and others the relief in time of that miserable condition whom they should name, such a Commission, under which both we and our subjects have whereby they might have the government in the long laboured, having full confidence in the good manner as is above related, you should be in advice, sense, and discretion of the most honorHanger of your life, and the lords and commons able fathers in God, William archbishop of Canof parliament would depart without your leave; terbury, and Alexander archbishop of York; and then you should see in what a miserable our most dear uncles, Edmund, duke of York, condition you would be; so that in very fear and Thomas, duke of Gloucester; the honourof their power, you then granted such a Com-able fathers in God William, bishop of Winmission as they desired." Next follows the Commission itself; viz. "Richard, king, &c. to all those to whom these letters shall come to be seen or heard, creeting. We being duly conscious of the gavons complaints of the lords and commons of Our realin in this present parliament assembled, that our profits and rents, and the revenues of our realm, by private and insufficient council, and the ill governance as well of certain of our Late great officers, as of divers other people being near our person, are so much consumed, wasted, embezzled, given away, granted, and ened, destroyed, and evilly disposed of and expended: that we are so much impoverished and stripped of treasure and means, and the substance of our crown so diminished and destraged, that we are neither able to sustain nourably, as we ought, the state of our sehold, nor maintain and manage those ars wherewith our realm is environed, with st great and outrageous oppressions and Gorges on our people, greater than they can fer: and also that the good laws, statutes and customs of our said realm, to which we are bound སྙ oath, and obliged to maintain, are not, nor ve been duly observed and executed, nor justice or right done to our said people: chester, Thomas, bishop of Exeter, and Nicholas Abbot of Waltham; our beloved and faithful Richard earl of Arundel, John lord Cobham, Richard le Scroop, and John Devereux, have ordained, assigned and deputed, and do ordain, assign and depute them to be of our great and continual council, for one whole year next after the date hereof, to survey and examine, together with our said great officers, as well the estate, condition, and government of our whole realm, and of all our officers and ministers of whatever estate, degree, or condition they be, within our household or without; and to inquire and take information by all such ways as they shall think meet, of all rents, revenues, and profits belonging to us, or which are due and ought to appertain to us, either within the realm or without: and of all gifts, grants, alienations, and confirmations by us made, of any lands, tenements, rents, annuities, profits, revenues, wards, marriages, escheats, forfeitures, franchises, liberties; voidances of archbishoprics, bishoprics, abbeys, priories, farms of houses, possessions of aliens, &c. And also of all revenues and profits, as well of our said realm, as of our lands, lordships, cities, villages, and other possessions beyond the sea; and of the benefices and possessions, and other revenues of all : ness whereof, &c. Given under our great seal the 19th day of November 1386. The Articles of Impeachment go on thus: 1. "The said duke and earl of Arundel, to accomplish their traiterous purposes, and to have your royal person in their power, ordered, as they pleased, the government of your whole state, with the laws and dignities thereof, and prevailed with Thomas earl of Warwick, and Thomas Mortimer to join with them in their traiterous design; who, by agreement, as traitors to the king and kingdom, all met and assembled on the 13th of November in the 11th of your reign, at Haringay-Park in Middlesex, with a great number of people armed and arrayed, and made divers of your leige-people in several parts of your realm, to rise, and march with them against your royal person, contrary to their legiance, and would not come before your presence, until they were secured by your oath that they might come, and return safely; and then they all appeared before you in your palace at Westminster with a great force of armed men, and traiterously constrained you to take them into your safe protection, against your will and pleasure."-2. "The said duke, the earls of Arundel and Warwick, and Thomas Mortimer, continuing their traiterous purposes, by force and violence, did take, and imprison divers of your leige people and amongst others, sir Simon Burley, and brought him to your parliament held on the morrow of the purification, in the 11th of your reign, and there suggested divers points of bigh crimes and treason against him, and the advice of every lord then present was asked, concerning the crimes of the said Simon, and afterwards the duke and earl would know your advice and opinion; and you answered plainly, he was not Guilty in any point objected against him. And afer that, the duke and earls caused you to come into a secret place at Westminster, and there showed you the particulars of the crimes abovesaid. To whom you then answered likewise, that the said Simon was not Guilty in any of those points. And there they took upon them traiterously to have you by force consent to the judgment they had designed against him; and yet you would not consent to any judgment to be given against the said Simon. Yet nevertheless, the said duke and earls took upon them royal power, in prejudice of you, and in derogation to your crown, and without your assent, and contrary to your will, in your absence, and in the absence of many other peers of parliament without their assent, and against their wills, they awarded that the said Simon should be drawn, hanged and beheaded; and thereupon they traiterously caused his head to be struck off, against your peace, crown, majesty and dignity."-3. "The aforesaid duke, that are in rebellion against the pope and of the carrying monies out of the realm by the collectors of the pope, or the procurators of cardinals, Lombards, or other persons: and likewise of the profits of our customs, and all subsidies granted to us by the clergy and laity, since the day of our coronation, to that time: and of all fees, wages, and rewards of our officers and ministers great and small, and of annuities and other rewards granted; and gifts made to any persons in fee or for term of life, or in any other manner; and of lands, tenements, rents, revenues, and forfeitures, bargained or sold to the prejudice and damage of our crown and also touching the jewels and goods which were our grandfather's at the time of his death, and of charters and general pardons; and how general payments have been levied and expended; how garrisons and forts have been maintained: and of all defaults and misprisions as well in our household, as in our courts, and all other places of our realm and by what persons our revenues and the substance of our crown have been withdrawn or diminished; or the common law interrupted or delayed, or any other damage that hath happened to us. Giving, and by these presents granting, of our authority, and by the advice and assent of our said subjects, unto our said counsellors, or any six of them, and to our great officers aforesaid, full power and authority general and special, to enter our palace and household, and to call before them all our officers, and to command all rolls, records, and other monuments and evidences; and all defaults, wastes, and excesses found in our said household, and in other courts and places; and all deceits, extortions, oppressions, damages, and grievances whatsoever, that are to the prejudice, damage, and distress of us and our crown, and the estate of our said realm in general (though not herein particularly expressed and specified) to amend, correct, repair, redress, reform, and put into good and due order and establishment: and also to hear and receive the complaints of all our liege people, as well for us as themselves, against our said officers and counsellors: and all oppressions, wrongs, and injuries, which cannot so well be amended and determined in the courts of the common law; and to discuss and finally determine all the matters aforesaid, and full execution thereof to award, as to them shall seem most mect, for the honour and profits of us and our estate, and to the redintegration of the rights and profits of our crown, and the better governance of the peace and laws of our kingdom, and the relief of our said people. In which proceedings, if difference of opinion happen amongst our said counsellors, the same shall be concluded by majority of votes: and we command and charge all prelates, dukes, earls, barons, sheriffs, the treasurer, and comp-earls, and Thomas Mortimer, continuing their troller, and all other officers of our household, justices de banco, and other officers, ministers, and liege subjects whatsoever, that to our said counsellors and officers in manner aforesaid, they be obedient, aiding and assisting. In wit malicious, false and traiterous purposes and force, at Huntingdon, on Thursday the 6th of December in the said 11th year, traiterously agreed, and intended to have gone with their forces to any place of the kingdom, where they give judgment upon him as convict of all the points on which he was accused. The Earl of Arundel convicted. might have found your royal person, to brave the matters objected against him. But upon surrendered to you their bi mage-liege, and to the earl's still insisting on his charter and parhave deposed you; and this they would have don, and demanding the allowance of them, done, had they not been hindered by Henry of the Lords Appellants, in their proper persons, Lancaster earl of Derby, and Thomas Mow-prayed the king, "That it would please him to bray earl of Nottingham. And the said duke and earls continuing their traiterous intention and force, by agreement between them, caused the records in your treasury, of the time of your great grandfather king Edward to be searched, how he demised his crown; and they shewed to you in writing the causes of the demise of his crown in your palace at Westminster in the time of parliament in the said 11th year, and they said falsely and traiterously that they had cause sufficient to depose you, but for the reverence they had for your most noble grandfather and father; and they said also, that in hopes of your better government they would suffer you to continue in your royal estate and regality."-4. “Which treasons so imagined, done and perpetrated by the aforesaid duke, earls, and Thomas Mortimer, against your royal person, estate, majesty and dignity, as is above declared: We the Appellants (there named) your loyal lieges, have been and are ready to prove against the said duke, the earls of Arundel, and Warwick, and Thomas Mortimer as you, our most dead lord, and this high and honour-persons were infeoffed to his use, the said 19th able court, your parliament, shall order." These Articles having been read, the Lords Appellants prayed the king that the accused might be brought before him, in parliament to make their answer. Accordingly, Ralph lord Nevil, constable of the Tower, there present, had orders to bring before them Richard earl of Arundel, his prisoner, which he did, on the 4th day of this session of parliament. The duke of Lancaster, being constituted lord high steward of England, pro hac vice, told the prisoner, that he was impeached of divers acts of High-Treason, and the appeal being read to him, his answer was, "That he had a general pardon in the parliament held in the 11th of the king; as also a charter of pardon made to him within 6 years last past, both which he prayed might be allowed." The lord high steward told the earl, by command of the king and consent of parliament, that, "The pardon granted in the 11th year, was made by constraint upon the king, by the said duke, earls and others of their party, assuming to themselves royal power, in prejudice to the king, his royal estate, crown and dignity; and that the charter of pardon was made in deceit of the king, and expressly against him and his royal diguity; wherefore, upon the request of the commons by consent of the king and all the estates of parliament, the said pardon and charter had been in this parliament repealed and made void." The earl was asked if he had any thing more to say, and he being silent, sir William Clopton, chief justice of the king's bench, by the king's command, declared to him the law, and the punishment he must undergo, if he pleaded nothing else, for if he did not, he would be convict and attainted of all VOL. I. Then the lord high steward, by command of the king, all the lords temporal, and sir Thomas Piercy, proctor for the clergy, as before taken notice of, adjudged the said earl of Arundel, "Guilty and convict of all the points on which he stood appealed, and as a traitor to the king and realm, to be drawn, hanged, beheaded, and quartered. And farther, because his treasons were of so high a nature, as to have gone about to surrender their liege homage, and depose the king, and that his levying war was so notorious, the said lord high steward, by the authority aforesaid, awarded that all his castles, manors, lands, tenements, reversions, fees, and every other manor of inheritance, as well in fee-tail as fee-simple, which were the said earl of Arundel's on the 19th of Nov. in the 10th of the king, or afterwards; and also all the lands and tenements of which other of Nov, or afterwards, with all his goods and chattels, should be forfeited to the king and his heirs for ever." But the king graciously remitted that part of his sentence of being drawn, hanged, and quartered; and to shew equity as well as rigour, the king and lords, both spiritual and temporal, declared, that it was not their intention that the lands and tenements, fees or any other inheritance of which the said earl stood infeoffed, to the use of another, should in any manner be forfeited by reason of this judgment. The Duke of Gloucester, though dead, de clared Guilty of High Treason. On the same day that the earl of Arundel was brought into parliament and tried and convicted, the king directed his warrant to Thomas earl marshal, governor of the town of Calais, or to his lieutenant, signifying that he should bring over the body of Thomas duke of Gloucester, with all the speed he could, to answer to divers Articles of Treason objected against him in parliament by the Appellants, according to the law and custom used in England; and further to receive the orders of the king and parliament concerning him. This writ bears date at Westminster, September 21. The return of the earl marshal to this warrant, was, "That he could not bring the said duke before the king and his council in that parliament for that, being in his custody, in the king's prison at Calais, he there died." This return was made Sept. 24. Upon the reading of this warrant and return in parliament the Lords Appellants prayed the king, "That the said duke of Gloucester might be declared a traitor and an enemy to him; as having levied war in this kingdom K |