was asked what he could say for himself, why execution should not be done according to the Judginent passed upon him for his Treasons so often committed; but he became as one struck dumb, he had nothing to say, and his heart was hardened to the very last, so that he would not confess himself guilty of any thing, Whereupon he was without delay led to the Tower, that he might suffer the Sentence passed against him: his wife and his children did with many tears accompany him to the Tower; but his wife was so overcome with grief, that she fell down in a swoon as if she had been dead.-Immediately Tresilian is put upon an hurdle, and drawu through the streets of the city, with a wonderful concourse of people following hiın. At every furlong's end he was suffered to stop, that he might rest himself, and to see if he would confess or acknowledge any thing; but what he said to the frier his confessor, is not known. When he came to the place of execution, he would not climb the ladder, until such time as being soundly beaten with bats and staves, he was forced to go up; and when he was up, he said, 'So long as I do wear any thing upon me, I shall not die; wherefore the executioner stript him, and found certain images painted like to the signs of the heavens, and the head of a devil | painted, and the names of many of the devils wrote in parchment; these being taken away he was hanged up naked, and after he had hanged some time, that the spectators should be sure he was dead, they cut his throat, and that thou be strong enough so to do that thou fail not. The squire went forth and took four serjeants with bin, and said, Sirs, follow me afar off; and as soon as I make to you a sign, and that I lay my hand on a man, that I go for, take him and let him not escape.' Therewith the squire entered into the house where Tresilian was, and went up into the chamber; and as soon as he saw him, he said, Tresilian, you are come into this country on no goodness; my lord the duke of Glocester commandeth, that you come and speak with him.' The knight would have excused himself, and said, 'I am not Tresilian, I am a farmer of sir John of Hollands. Nay, nay,' quoth the squire, your body is Tresilian, but your habit is not?' and therewith he made tokens to the serjeants that they should take him. Then they went up into the chamber and took him, and so brought bim to the palace. Of his taking the duke of Glocester was right joyful, and would see him, and when he was in his presence the duke said, Tresilian, what thing makes you here in this country? where is the king? where left you him? Tresilian, when he saw that he was so well known, and that none excusation could avail bim, said, Sir, the king sent me hither to learn tidings, and he is at Bristol, and hunteth along the river Severn.' What,' quoth the duke, you are not come like a wise man, but rather like a spy; if you would have come to have learnt tidings, you should have come in because the night approached, they let him hang till the next morning, and then his wife having obtained a licence of the king, took down his body, and carried it to the GrayFriars, where it was buried. On this day [Feb. 20], Brambre was brought again before the parliament; but not being able to make any Answer to the Articles wherewith he was charged, the like Sentence was pronounced against him, as had been before against the other conspirators. After which he was drawn upon an hurdle from the Tower to Tyburn, through the city, when he shewed himself very penitent, humbly craving mercy and forgiveness at the hands of God and men, whom he had so grievously offended, and so injuriously wronged in times past, earnestly desiring all persons to pray for him: when the rope was about his neck, and he was ready to be turned off, a certain young man, the son of one Northampton, asked him if he had done justice to his father or not [for Northampton was in 1385 mayor of the city of Loudon, more wealthy and substantial than any else in the City; him did Brambre and Tresilian accuse of Treason and Conspiracy against the State, and condemned him to die, being despoiled of his estate, he himself at length hardly escaped, Holin. vol. 3. p. 446.] To whom Brambre answered and confessed with bitter tears, that what he did was most vile and wicked, and with an intent only to murder and overthrow the said Northampton; for which craving pardon of the young man, 6 the state of a knight.' Sir,' quoth Tresilian, if I have trespassed, I ask pardon, for I was caused this to do? Well, sir' quoth the duke, and where is your master the duke of Ireland;' Sir,' quoth he, of a truth he is with the king.' 'It is shewed us here,' quoth the duke, that he assembleth much people, and the king for him; whither will he lead that people?' Sir,' quoth he, it is to go into Ireland.' Into Ireland!' quoth the duke of Glocester. "Yea, sir, truly, quoth Tresilian: and then the duke studied a little, and said, Ab, Tresilian! Tresilian! your business is neither fair nor good; you have done great folly to come into this country: for you are not beloved here, and that shall well be scen: you and such other of your affinity have done great displeasure to my brother and me, and you have troubled to your power, and with your counsel, the king, and divers others, nobles of the realm; also you have moved certain good towns against us. Now is the day come, that you shall have your payment; for he that doth well, by reason shall find it. Think on your business, for I will neither eat nor drink till you be dead.' That word greatly abashed Tresilian; he would fain have excused himself with fair language, in lowly humbling himself; but he could do nothing to appease the duke. So sir Robert Tresilian was delivered to the hangman, and so led out of Westminster, and there beheaded, and after hanged on a gibbet. he was suddenly turned off, and the executioner | examine the matter and circumstances of it, cutting his throat he died (p). and for that they were present at the making of the said Statute and Commission, which they knew were contrived for the honour of God, and for the good government of the state of the king and whole kingdom, and that it was the king's will, that they should not have otherwise answered them, than according to law, and had answered as before, they were by the lords temporal, by the assent of the king, adjudged to be drawn and hanged as Traitors,' their heirs disherited, and their lands and tenements, goods and chattels to be forfeited to the king. Robert Belknap, John Holt, Roger Fulthorpe, William Burleigh, John Carey, and John Lockton, being impeached [March 2.] by the Commons, were called to answer for their Conspiracy against the Commissioners at Nottingham. They could not gainsay, but that the Questions were such as were then asked them, but denied the Answers' to be so: and sir Robert Belknap pleaded in particular, that the archbishop of York, in his Chamber at Windsor, told him that he had devised and drawn up the Commission and Statute, whereby the government was wholly taken out of the king's hands, and that he therefore hated him above all men; and thạt if he found not some way to make void the said Statute and Commission, he should be slain as a Traitor. He answered, that the intention of the lords, and such as assisted at the making of them, was, that they should be for the honour and good government of the state of the king and kingdom; that he twice parted from the king dissatisfied, and was in doubt of his life; and said these Answers proceeded not from his good-will, but were made against his mind, and were the effects of the threats of the archbishop of York, duke of Ire-Warwick, Derby, and Nottingham, whose land, and earl of Suffolk; and that he was sworn, and commanded in the presence of the king, upon pain of death, to conceal this matter, as the counsel of the king; and prayed for the love of God that he might have a gracious and merciful judgment. Sir John Holt alledged the same matter of excuse, and made the saine prayer, so did sir William Burleigh, and sir John Carey; who all made the same excuse, and made the saine requests, as did also sir Roger Fulthorpe, and John Locton, serjeant at law. To all which the commons answered, That they were taken and holden for sages in the law; and the king's will was, that they should have answered the Question as the law was, and not otherwise, as they did, with design, and under colour of law, to murder and destroy the lords, and loyal lieges, who were aiding and assisting in making the Commission and Statute in the last parliament, for the good Government of the State of the king and kingdom; and therefore the Commons prayed they might be adjudged, convicted, and attainted as Traitors. Upon which the lords temporal took time by good deliberation to Whilst the Peers were trying them, the Clergy were retired into the King's Chamber; but when word was brought to them of the Condemnation of the Judges, the abp. of Canterbury, the bishop of Winchester, the chancellor, the Treasurer, the Lord Keeper of the PrivySeal, arose hastily and went into the parliament house, pouring forth their complaints before the king and peers, humbly upon their knees beseeching them, that for the love of God, the Virgin Mary, and al! the Saints, even as they hoped to have mercy at the Day of Judgment, they should shew favour, and not put to death the said Judges then present.-The duke of Glocester likewise, with the earls of Arundel, hearts began to be mollified, joined with them in their Petition. At length through their intercession, the execution upon their persons was spared, and their lives granted them; but they were sent back to the Tower to be kept close prisoners, and afterwards were sent into Ireland, there to remain for term of life (9). On Tuesday, March 3, John Blake and Thomas Uske were brought into parliament: and first John Blake was impeached by the commons, That being retained of council for the king, he drew up the questions, to which the Justices made Answer, and contrived with the persons appealed, that the lords, and other the king's loyal licges that caused the said Commission and Statute to be made in the last parliament, should be indicted in London and Middlesex, for treason, and that they should be arrested, and traitorously and wickedly murdered: and that he was aiding and advising in the treasons aforesaid, with the appealed already (q) They were thus distributed; Robert Belknap and John Holt in the village of Dromore in Ireland; not to live as Justices but as banished offenders, nor to go out of town above the space of two miles upon pain of (p) Grafton, p. 379. and from him, Holin- death. But the king out of his bounty was shed, vol. 3. p. 463, say, That in bis mayoralty pleased to give a yearly annuity of 401. to Rohe caused great and monstrous stocks to be bert Belknap, and of 20 marks to John Holt, made to imprison men in, as also an uncom- during their lives.-Roger Fulthorpe, and Wm. mon axe to strike off the heads of such as Burleigh, in the city of Dublin, with the should resist his will and pleasure; and that yearly allowance of 40%. to each during life, he was sentenced by the parliament to be be-with the liberty of going two miles to Burleigh, headed with his own axe. Froisart's Chron. and of three to Fulthorpe, for their recreation. Part. 2. fol. 113. But it appears by the Par--John Cary and John Locton, in Waterford, liament-Rolls, 11 Rich. 2. Par. 3. No. 15. that with the yearly allowance of 20l. to each during both he and Tresilian were drawn and hanged. life, with the like liberty, and like penalty. 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 aforesaid.-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 conmand, 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. were sixteen; the first Article was the first Article 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 procureinent 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 carls 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 his uncle, with the major part of the house of lords, did labour to have him saved.-There was also some mut 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 fur-tering among the common people, and it was ther 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 Commons. The Articles exhibited against them 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, pow erful, 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 John Salisbury, (r) See a particular account of his advancement and greatness, Holin. vol. iii. p. 464. knights, gentlemen of the privy-chamber, were (s) The judgments were afterwards rein like manner condemned; May 12, the two versed in the parliament held the 21st Rd. 2. first were beheaded on Tower-Hill, but John but that parliament is declared to have been 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 Nos. 21, 22, and No. 48, and is therefore also was condemned the bishop of Chichester, entirely repealed by 1 IIen. 4. cap. 3. and the the king's Coufessor; but because of his great parliament of 11 Rd. 2. confirmed and apdignity he was pardoned, but was banished to proved of, as for the honour and profit of the Cork in Ireland (s). 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 cominous 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. 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." Hereupon the king commanded it to be recorded in parliament, "That the archbishop had 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 inercy." 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 trea son, and that it touched the king himself; for which they, also, adjudged and declared him a traitor. And it was awarded in parliament, On the same day, the commons came again before the king, in parliament, and impeached Thomas Arundel, then archbishop of Canterbury, of High Treasou; "For that he, being the chief officer of the king, his chancellor, when he was bishop of Ely, was traiterously aiding, procuring and advising in making à 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," That he should be banished out of the kingand 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, dom, have his temporalities seized, and his good, 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 easuing; 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. 125] STATE TRIALS, 21 RICHARD II. 1397.—Of the D. of Gloucester, and others. [126 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 1397, 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 Lef 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 asking in parliament, and is to this effect. First, signed such persons for our great ollicers; that it sets forth, "That the duke of Gloucester, is to say, our chancellor, treasurer, and keeper and the earl of Arundel, designing to encrcach, of our privy seal, as we esteem 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 duc 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 honordanger 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 Comunission itself; viz. Richard, king, &c. to all those to whom these letters shall come to be seen or heard, greeting. We being duly conscious of the grievous complaints of the lords and commons of our realm 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 aliened, 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 destroyed, that we are neither able to sustain } honourably, as we ought, the state of our household, nor maintain and manage those wars wherewith our realm is environed, with out great and outrageous oppressions and charges on our people, greater than they can bear; and also that the good laws, statutes and Customs of our said realm, to which we are bound by oath, and obliged to maintain, are not, nor have been duly observed and executed, nor fill 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; void inces 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 |