Iustice Belknaps words.]

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._

Holinshed's Chronicles, vol. 2 of 6, slice 12 of 12: England, 1377-1399, Richard II · 第 82 / 169 题