against the aforesaid earl Thomas be reversed | rolled, that they cause the same record and and annulled as being erroneous; and that the proceeding to be made void and annulled, &c.; aforesaid Henry, as brother and heir of the same And we, for the greater security of the same earl Thomas, be admitted to clain and to have Henry, have brought the aforesaid record and his inheritance by due proceeding in that behalf proceeding to be exemplified according to the to be had as is customary, and that he have tenor of these presents. In testimony, &c. writs to the chancellor and justices, in whose Witness the king at York the third day of courts the said record and proceeding are en- March." 7. Proceedings against KING EDWARD II. 20 Edw. II. A. D. 1327. [2 Brady's Hist. 161. Appendix to 2 Brady's Hist. 68. Claus. 20 Edw. II. M. 3. Dors. M. 4. Dors.] THE earl of Lancaster having taken king Edward 2 prisoner, made no great haste with him towards Kenclworth, for in thirteen days time he was got no further from Monmouth than Ledbury in Herefordshire, at which place the writ for proroguing a parliament that was pretended to have been summoned by the king to meet fifteen days after St. Andrew, was dated the 3d of December. Witness the king at Ledbury the 3d of December. The writ for this parliament, which was to meet fifteen days after St. Andrew, I believe can no where be found, which was to be holden by Isabel queen-consort of England, and Edward his eldest son, guardian of England, he then being out of the kingdom, as it is said in the writ, dated the 3d of December, &c. for proroguing that parliament to the morrow of Epiphany, or Twelfth-day; to be holden by him if personally present, or in his absence by his said consort But the miserable king knew nothing of this summons dated at Ledbury on the 3d of December, with his teste; for the great seal was that day in the keeping of the bishop of Norwich at Woodstock, and the next day delivered to Roger Mortimer and the duke of Aquitan (i. e. Edward the king's son) at the same place. and son. The parliament (as it is called) met on the 7th of January: The first thing moved by the bishop of Hereford, and many other bishops joining with him, was, Whether king Edward the father, or his son Edward, should reign over them? They were uot long before they agreed the son should have the government of the kingdom, and be crowned king, for the causes following: "1. First, For that the person of the king was not sufficient to govern; for in all his time he was led and governed by others, who gave him evil counsel, to the dishonour of himself, and destruction of holy church and all his people, not considering or knowing whether it was good or evil; nor would remedy these things, when he was requested by the great and wise men of his realm, or suffer them to be amended.-2. Also, In all his time he would not give himself to good counsel, nor take it, nor to the good government of his kingdom; but always gave himself to works and employments not convenient, neglecting the business of his realm.-3. Also, For want of good government he lost the kingdom of Scotland, and other lands and dominions in Gascoigne and Ireland, which his father left him in peace and amity with the king of France, and many other great persons.-4, Also, By his pride and cruelty he destroyed holy church, and the persons of holy church, putting some in prison, and others in distress; and also put to shameful death, and imprisoned, banished, and disherited many great and noble men of the land.-5. Also, Whereas he was bound by his oath to do right to all, he would not do it for his own profit, and the covetousness of him and his evil counsellors which were with him; neither regarded the other points of the oath which he made at his coronation, as he was obliged.-6. Also, He abandoned his realm, and did as much as he could to destroy it and his people; and what is worse, by his cruelty and the default of his person, he is found incorrigible without hopes of amendment. All which things are so notorious, they cannot be gainsaid." These Articles were conceived and dictated by John Stratford bishop of Winchester and treasurer of England, and written by William Mees, clerk, his secretary and a public notary. Having approved the Articles, they were by common agreement sent to the king, then prisoner in Kenelworth-castle, three bishops, two earls, two barons, two abbots, and two justices, amongst whom was sir William Trussell before noted, Proxy to the whole parliament, to resign their homage and fealty to the king, which he did in this manner: "I William Trussell, procurator of the prelates, earls, and barons, and other people in my procuracy named, having for this full and sufficient power, do resign and deliver up to you Edward king of England, as to the king before this hour, the homage and fealty of the persons in my procuracy named, and do return them upon you Edward, and make quit or free the persons aforesaid, in the best manner that law and custom may do it; and do make protestation in the name of those that will not for the future be in your fealty, or allegiance, nor claim to hold any thing of you as king, but shall hold you as a private person, without any manner of royal dignity." The ceremony ended by sir Thomas Blunt, the high steward, breaking his staff and declaring all the king's officers discharged from his service as though he were dead.Sir Thomas de la Moor tells us who the three And we yielding to the good pleasure of our father, by the counsel and advisement of the prelates, earls, barons, great men, and commu ment of the said kingdom, and received the homages and fealties of the said prelates and great men according to custom. Therefore desiring our peace for the quiet and tranquillity of our people to be inviolably observed, we command, That presently after sight of these prosents, you cause our peace publicly to be proclaimed through your whole bailiwic, forbidding all and singular, under the pain of distaleriting, and losing life and member, that they presume not to infringe or violate our peace, but that all men do prosecute their suits and actions without violence, according to the laws and customs of the land, &c. Witness the king at Westminster the 29th of January."-On the first of February, being Sunday, he was crowned. bishops were; John Stratfort, bishop of Win-nities aforesaid, have taken upon us the governchester, Adam de Torleton, bishop of Hereford, and Henry Burwash, bishop of Lincoln: three principal companions in transacting this affair. The bishops of Winchester and Lincoln came before the rest to the king, who with his keeper the earl of Lancaster, persuaded him to resign his crown to his son, and circumvented the king, promising him as much honour after his resignation as before; and on the other hand, threatened him if he would not, the people should yield up their homage and fealty, and repudiate his sons, and choose one not of royal blood. With these and other importune promises and threats, they obtained their desires. | And then the bishop of Hereford brought in all the other commissioners, sent by the parliament, into the king's chamber, where the whole matter they came for was dispatched, not without great grief and reluctancy from the king, who swooned away. Walsingham reports, all the nobility met at London, on the morrow of, or day after Twelfthday, in parliament, and judged the king unfit to rule, and for several reasons to be deposed, ar his son prince Edward to be chosen king. Of which when the queen had notice, she was full of grief outwardly. But the prince affected with this outward passion of his mother, would not accept the title against his father's will and consent. The king, when he received this news by the commissioners, was much disturbed, and said since it could be no otherwise, he thanked them for choosing his first born son, making his resignation, and delivering up the royal ensigns and tokens of sovereignty. The commissioners returning to the parliainent at London, with the king's answer and the royal ensigns, made the rabble rejoice; and presently the whole community of the kingdom admitted Edward, a youth of fourteen years of age, to be their king, on the 20th day of January, which they would have to be the first day of his reign. And from that time he acted as king before his coronation, as may appear by the writ to all the sheriffs of England to proclaim his peace." The king to the sheriff of Yorkshire, greeting: Because Edward, late king of England, our father, by common council and assent of the prelates, earls, barons, and other great men, and also of the communities of the said kingdom, of his own free will removed himself from the government of the said kingdom, willing and granting, That we as his first-born and heir of the kingdom, should take upon us the rule and government: The deposed king was for some time kept prisoner in Kenclworth castle, not knowing what was transacted. The nation observing what had been done, seeing the queen engaged, and the prince carried along with them, began to be sensible of the king's condition, and to consider the pretences of his enemies, and to think how they might be kind to him, and prevent further mischief. His keeper also, the earl of Lancaster, began to be every way obliging to him, much pitying and commiserating his deplorable case. Many lords and others began to think how they might deliver him out of captivity; the notice, or rather suspicion thereof, much startled Mortimer, the bishop of Hereford, the queen, and chief actors in this tragedy, reflecting upon what they had done, and fearing if the king should get his liberty they could not be safe, or at least their designs must come to nothing, and caused them to think of removing him from Kenelworth, and appointing him new keepers. They hurried him up and down the nation, that it might not be known where he was; and at last brought him to Berkley castle in Gloucestershire, where he was inhumanly treated by his keepers, attempting to destroy him by all ways of horrid indignities, brutish usages, and before uncontrived and unthought of affronts: but having been frustrated in their intentions, by his natural strength of body and fortitude of mind, on the 22nd of September, at night in his bed, they stifled and smothered him, with large and heavy bolsters and pillows, and put up a red-hot iron, through a ductil-pipe, into his guts at his fundament; and in this most cruel manner murdered him, that no wound or mark of a violent death might be found upon him. VOL. I. Wal 8. Impeachment of ROGER MORTIMER, Earl of MARCH, for Treason, singham. 3 Rapin, 419. AT the parliament assembled at Westminster, on the 18th of March, 1330, the following Articles of Impeachment translated from the French original now on the Rolls in the Tower, were exhibited against Roger Mortimer, earl of March: viz. "These are the treasons, felonies, and mischiefs done to our lord the king, and his people, by Roger Mortimer, and others of his company. -1st. Whereas in the parliament holden at Westminster next after the king's coronation, it 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 their assent; after which parliament the said Roger not having regard to the said assent, usurped to himself royal power, and the ment of the realm, above the state of the king, governand put out and placed officers in the king's house, and otherwhere throughout the kingdom at his pleasure, such as were of his party, and set John Wyward and others about the king, to observe his actions and words; so as he was en compassed by his enemies, that he could do nothing as he would, but only as a man under guard or restraint.-2nd. Whereas the king's father was at Kenelworth, by order and assent of the peers of the land, to stay there for his ease, and to be served as such a great person ought to be; the said Roger by his usurped power, which he exercised over him at his pleasure, ordered that he should be sent to Berkley castle, where, by him and his confederates, he was traiterously, feloniously, and falsely murdered and killed.-3rd. The said Roger by his usurped royal power, forbad by the king's writ 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 came with others of his party with force and arms to the said parliament contrary to the prohibition aforesaid; wherefore divers peers of the land, as the earl of Lancaster and others, knowing the manner of his coming, would not be there: and whereas 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 any thing contrary to his pleasure in any point. And in the same parliament by the said usurped power, he caused the king to make him earl of March, and to give him and his heirs several lands in disherison of the crown; and afterwards the said Roger, and those of his party, led the king armed against the said earl far as Winchester, when they were coming to of Lancaster, and other peers of the land, as the parliament at Salisbury, so that the earl and other peers, to avoid the evils that might have and went toward their own countries, grieving happened, out of regard to the king, departed that they could not speak with, or advise their liege lord as they ought to do.-4th. The said Roger, by the said usurped power, caused the king to march forcibly against the earl, and other peers of the land, who were appointed to be with the king, to advise him; and so prosecuted them with force, that the said earl and some others of his company, that wished well to the kingdom, submitted to the king's grace, saving to them life and member, and that they might not be disinherited, nor have them to be fined so grievously, that half their too great a fine set upon them; yet he caused lands, if sold outright, would only pay it; and others he caused to be driven out of the nation, and their lands to be seized, against the form of the Great Charter, and law of the land. king's father was dead and buried, he by others -5th. Whereas the said Roger knew well the of his party in deceivable manner, informed the earl of Kent that he was alive; wherefore the earl being desirous to know whether it was discover the truth, and so long, till the said so or not, used all the good ways he could to Roger by his usurped royal power, caused him to be apprehended in the parliament holden at Westminster and so pursued him, as in that parliament he procured his death.-6th. The said Roger, by his usurped royal power, caused the king to give to him and his children, and confederates, castles, towns, manors, and franchises the revenues of the crown.--7th. The said Roger in England, Ireland, and Wales, in decrease of shires, at the parliament at Winchester, to in deceivable manner caused the knights of grant to the king one man at arms out of every town of England, that answered in the court of the Eyre by four men, and the provost, (i. e. the rieve or bailiff of the lord of the manor) to serve at their own cost, for a year in his war the advantage of himself and party, in destrucin Gascoigne; which charge he contrived for tion of the people.-8th. The said Roger, by his said usurped royal power, caused summons that they should come to the king wherever he to be sent to many great knights and others, was; and when they came, he caused them to be charged to prepare themselves to go into Gascoigne, or fine at his pleasure; which fines 9th. The said Roger falsely and maliciously were for the benefit of him and his party.— made discord between the king's father and his queen; and possessed her, that if she went to him, she should certainly be killed with a dagger, or otherwise murdered; and by this way, and his other subtleties, he so ordered it, that she would not come to her liege lord and king, to the great dishonour of her son and self, and great damage of the whole realm per chance in time to come, which God forbid.10th. The said Roger by his said usurped royal power, had caused to be taken for him and his party, the king's treasure, as much as he pleased, without tale, in money and jewels, in destruction of the king, so that he had not wherewithal to pay for his victuals.-11th. The said Roger, by the said usurped power, caused to be shared between him and his confederates, the 20,000 marks which came out of Scotland, for the articles of peace, without any thing received by the king.-12th. The said Roger, by his above-mentioned royal power, received the king's duties and purveyance through the kingdom, as if he had been king: and he and his party had with them double the company of men and horse that were with the king, in destruction of the people, not paying for their quarters any more than they themselves pleased. -13th. The said Roger, by his said royal power caused the king to agree to the mounting of 200 Irish chevaliers, or horse, being of those that killed the great men of Ireland and others, who were in the king's faith; whereas the king ought immediately to have revenged their deaths, rather than pardoned them, contrary to the statute and assent of parliament.-14th. The said Roger contrived to have destroyed the king's secret friends, in whom he had most confidence; and he surmised to the king, in the presence of the queen his mother, the bishops of Lincoln and Salisbury, and others of his council, that his said secret friends had excited him to combine with his (the said Roger's) enemies beyond sea, in destruction to the queen his mother, and of him the said Roger; and this he affirmed so impudently to the king, that he could not be believed against what he had said: and for these things and many others, not as yet fit to be declared, he had been apprehended; wherefore the king charged the earls and barons, the peers of the land, as these things concerned himself, themselves, and all the people of the realm, to do right and true judgment upon him for the crimes above written, as being notorious and known to be true, to themselves, and all the people of the kingdom." Then the earls, barons, and peers, baving examined these articles, came into parliament before the king, and they all delivered their opinion, by one of their body, that all things contained in the said articles were notorious, and known to themselves, and all the people; wherefore they, as judges in parliament by assent of the king did award and judge the said Roger as a traitor and enemy to the king and kingdom, to be drawn and hanged, and commanded the earl mareschal to execute the judgment, and the mayor, aldermen, and sheriffs of London, with the constable of the Tower, and those who had the guard of him, to be aiding and assisting with the earl mareschal at the execution; which was performed accordingly on the 29th of November at a place then called the Elms, and afterwards Tyburn.*-He was not brought to answer, but condemned without hearing, and for that reason this Judgment was reversed as erroneous, and made void by act of parliament, and his grandchild Roger restored to his title and estate, 28 Ed. 3. The king, also, in his parliament charged the earls, barons and peers, to give right and true judgment against Simon de Bereford,kt. who had been aiding and advising with Roger Mortimer in all the treasons, felonies, &c for which he was afterwards adjudged to die, as was notoriously known to the said peers; whereupon they caine before the king in parliament and said all with one voice, that the said Simon was not their peer, and therefore they were not bound to judge him as a peer of the land :' but since it was a thing so notorious and known to all, that he was advising, aiding and assisting the said Roger in all the felonies, &c. aforesaid; and that he was guilty of divers other felonies and robberies, and a principal maintainer of robbers and felons; they as peers and judges of parliament by assent of the king, do award and adjudge him, as a traitor and enemy to the king and realm, to be drawn and hanged; and the earl mareschal was commanded to do execution; which was done accordingly. But it appears by the same parliament roll, that it was then also declared, that though the lords and peers in parliament had for this time, in the king's presence, proceeded as judges to give judgment upon those that were no peers; yet hercafter this should be no precedent to draw them to give judgment on any other but their peers, in case of treason or felony. "The earl of March left four sons, of whom Edmund, his eldest, died in the flower of his age, and left his son Roger, who was restored to his grandfather's estates and honours. The earl had also seven daughters, Katherine wife of Thomas de Beauchamp, earl of Warwick; Joan married to Janies lord Audley; Agnes to Lawrence de Hastings earl of Pembroke, Margaret to Thomas son and heir of Maurice lord Berkley: Maude, to John son and heir of John de Charleton lord Powis; Blanche to Peter de Grandison; and Beatrix first to Edward son and heir to Thomas of Brotherton, earl marshal, son of Edward 2, and afterwards to sir Thomas de Broose." Dugdale's Baron. 146. 9. Proceedings against THOMAS DE BERKELE, for the Murder of King Edward II. A. D. 1331. [Rot. Parl. 4 Edw. III. M. 16.] PLEAS of the crown held before the lord king Edward, the 3d since the conquest, in his full parliament at Westminster on Monday next after the feast of St. Katharine the virgin, in the 4th year of the reign of the same king Edward. "Thomas de Berkele, knight, comes before the lord the king in his full parliament assembled, and being spoken to concerning this, That whereas the lord Edward late king of England, father of the lord the now king, lately was in the custody of the same Thomas, and of a certain John Mautravers, being delivered to be safely kept in the castle of the same Thomas at Berkele, in the county of Glocester, and, in the same castle, in the custody of the samne Thomas and John, was murdered and killed, how he would acquit himself of the death of the same king? He says, That he never was consenting to, assisting to, or procuring his death, nor did he even know any thing of his death, until that present parliament; and of this he is ready to acquit himself as the king's court shall adjudge. -And upon that it is enquired of him, Since he is lord of the castle aforesaid, and the said lord the king was delivered into the custody of them, Thomas and John, to be safely kept, and they took and accepted the custody of the same king, how he can excuse himself, that he should not answer for the death of the same king? And the aforesaid Thomas says, That true it is that he is lord of the castle aforesaid, and that he together with John Mautravers, took the custody of the same king, to keep him safely as is aforesaid; but he says, that at the time when it is said that the said lord the king was murdered and killed, he himself was detained at Bradelye without the castle aforesaid, by such and so great sickness, that he hath no recollection of what happened.-And upon this it is said to him, That since he has acknowledged that be, together with the said John, obtained the custody of the said king to keep him safely as is aforesaid, and he placed keepers and servants under him, for such custody, can be by any sickness excuse himself that he should not answer in this respect? And the aforesaid Thomas says, That he placed under him such keepers and servants in the castle aforesaid, for maintaining such custody, in whom he confided as in himself; and who together with the aforesaid John Mautravers, had, by reason | thereof, the custody of the same king; Wherefore he says, That concerning the death of the same lord the king, by assistance, assent, or procurement of his death, he is in nothing guilty thereof; And as to this for good and bad he puts himself upon the country:-Therefore in this behalf let a jury come before the lord the king in his parliament at Westminster, in 8 days of St. Hilary next to be, &c: At which day came the aforesaid Thomas before the lord the king in his full parliament, and also a jury, to wit, John Darcy, John de Wysham, William de Trussell, Roger de Swynnerton, Constantine de Mortimer, John de St. Philibert, Richard de Rivers, Peter Huser, John de Brynnton, Richard de la Reverc, Roger de Debenhale, and Richard de Croupes, all knights, who, on their oath, say, That the aforesaid Thomas de Berkele is in nothing guilty of the death of the aforesaid lord the king, father of the lord the now king, nor of assenting to, assisting in, or procuring his death: And they say, That at the time of the death of the same lord king Edward, father of the lord the now king, he was afflicted with such a sickness at Bradelye, without his castle aforesaid, that his life was despared of: Therefore the said Thomas is acquitted thereof.-And the jurors being asked whether the said Thomas ever withdrew himself on the aforesaid occasion? say, That he did not. And because the aforesaid Thomas placed keepers and servants under him, to wit, Thomas de Gurney and William de Ocle, for the custody of the said lord the king, by whom the said lord the king was murdered and killed, therefore, a day is given to him before the lord the king, now in his next parliament, to hear his Judgment, &c. And the aforesaid Thomas de Berkele in the mean time is committed to Ralph de Neville, steward of the household of the lord the king, &c." What was done further concerning this Thomas de Berkele I do not find, but judgment to be drawn, hanged, and beheaded, was in this same parliament given against Thomas de Gurney and William de Ocle, for the death of king Edward, father of the king that then was, That they falsely, and traiterously murdered him; and he that could take Thomas alive was to have 100l. or bring his head, 100 marks; he that could bring William Ocle alive was to have 100 marks, or his head, 40%. |