In this councell were the aforesaid archbishop of Yorke, the duke
of Ireland, the earle of Suffolke, Robert Trisilian iustice, Robert
Bramble iustice, and sundrie other, all which iustices were commanded
to set their hands vnto the question vnder written, that by meanes
thereof, those persons that were about the king thought they might haue
good occasion to put the duke of Glocester, and other lords that were
his complices vnto death, which in the last parlement were ordeined
to haue the gouernance of the realme, and all such as were consenting
to the same. Diuerse of the iustices refused to subscribe, but yet
they were constreined to doo as the rest did, among the which was
Iohn Belknap, who vtterlie refused, till the duke of Ireland, and the
earle of Suffolke compelled him thereto; for if he had persisted in
the refusall, he had not escaped their hands, and yet when he |782|
had set to his seale, he burst out into these words; “Now (said he)
here lacketh nothing but a rope, that I might receiue a reward worthie
for my desert, and I know, if I had not doone this, I might not haue
escaped your hands, so that for your pleasures and the kings I haue
doone it, and deserued thereby death at the hands of the lords.” Which
indéed shortlie followed, for in the next parlement he was condemned
and executed. All this remained in record.
An act of councell touching this matter, in manner as followeth.
[Sidenote: Additions to _Polychron._]
MEMORANDUM that on the fiue and twentith day of August, in the 11
yeare of the reigne of king Richard the second, at the castell of
Notingham aforesaid, Robert Trisilian lord chiefe iustice of England,
Robert Belknap lord chiefe iustice of the cōmon plees, Iohn Holt,
Roger Fulthorpe, & William Borough, knights and associats of the
said Robert Belknap, and Iohn Lockton one of the kings sergeants at
the law, being pesonalie required in presence of the lords and other
witnesses vnder written by our said souereigne lord the king, in that
faith and allegiance in which to him they were bounden, that they
should trulie answer to certeine questions vnderwritten, and vpon the
same by their discretions, to saie the law.
[Sidenote: Questions in law demāded of the iustices.]
1 First, it was asked of them, whether the new statute, ordinance, and
commission made in the last parlement held at Westminster, be hurtfull
to the kings prerogatiue. Wherevnto all of one mind answered, that
they were hurtfull, and speciallie bicause they be against the kings
will.
2 Item, it was inquired of them, how they ought to be punished, that
procured the said statute, ordinance, and commission to be made.
Wherevnto with one assent they answered, that they deserued death,
except the king of his grace would pardon them.
3 Item, it was inquired, how they ought to be punished, which moued
the king to consent to the making of the said statute, ordinance, and
commission. Wherevnto they answered, that vnlesse the king would giue
them his pardon, they ought to lose their liues.
4 Item, it was inquired of them what punishment they deserued, that
compelled the king to the making of that statute, ordinance and
commission. Wherevnto they gaue answer, that they ought to suffer as
traitors.
5 Item, it was demanded of them how they ought to be punished that
interrupted the king so, that he might not exercise those things that
apperteined to his regalitie and prerogatiue. Wherevnto answer was
made, that they ought to be punished as traitors.
6 Item, it was inquired of them, whether that after the affaires
of the realme, and the cause of the calling togither of the states
of the parlement, were once by the kings commandement declared and
opened, and other articles on the kings behalfe limited, vpon which
the lords and commons of the realme ought to intreat and proceed;
if the lords neuertheles would proceed vpon other articles, and not
meddle with those articles which the king had limited, till time the
king had answered the articles proponed by them, notwithstanding the
king inioined them to the contrarie: whether in this case the king
might rule the parlement, and cause them to proceed vpon the articles
by him limited, before they proceeded any further? To which question
it was answered, that the king should haue in this part the rule, for
order of all such articles to be prosecuted, vntill the end of the
parlement. And if any presumed to go contrarie to this rule, he was to
be punished as a traitor.
7 Item, it was asked, whether the king when soeuer it pleased him
might not dissolue the parlement, and command the lords and commons to
depart from thence or not? Wherevnto it was answered that he might.
|783|
8 Item, it was inquired, that for somuch as it was in the king to
remooue such iustices and officers as offend, and to punish them for
their offenses; whether the lords commons might, without the kings
will, impeach the same officers and iustices, vpon their offenses in
parlement or not? To this answer was made, that they might not, and he
that attempted contrarie, was to suffer as a traitor.
9 Item, it was inquired, how he is to be punished, that mooued in the
parlement, that the statute wherin Edward, the sonne of king Edward,
great grandfather to the king that now is, was indicted in parlement,
might be sent for; by inspection of which statute, the said new
statute or ordinance and commission were conceiued, and deuised in the
parlement?
To which question, with one accord, as in all the residue they
answered, that as well he that so summoned, as the other, which by
force of the same motion, brought the said statute into the parlement
house, be as publike offendors and traitors to be punished.
10 Item, it was inquired of them, whether the iudgment giuen in
the parlement against Michaell de la Poole earle of Suffolke, were
erronious and reuocable, or not?
To which question likewise with one assent they said, that if the same
iudgement were now to be giuen, the iustices and sergeant aforesaid
would not giue the same: bicause it seemed to them, that the said
iudgment is reuocable and erronious in euerie part.
In witnesse of the premisses, the iustices & sergeant aforesaid to
these presents haue set their seals, these being witnesses; Alexander
archbishop of Yorke, Robert archbishop of Dubline, Iohn bishop of
Durham, Thomas bishop of Chester, Iohn bishop of Bangor, Robert duke
of Ireland, Michaell erle of Suffolke, Iohn Ripon clearke, and Iohn
Blake.
[Sidenote: _Thom. Wals._