Iustice Belknap cōpelled to subscribe.
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.
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.
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.
Thom. Wals.
The lords indicted of diuerse offenses.
Now beside these iustices and sergeant, there were called at that present vnto Notingham, all other iustices of the realme, and the shiriffes. Also, diuerse of the citie of London, which the king knew would incline to his will, the rather; for that some of them, hauing aforetime confessed treason against the king by them imagined, and obteining pardon for the same, were readie at his commandement, to recompense such fauour, in the accomplishment of whatsoeuer they knew might stand with his pleasure. Herevpon, they being impanelled to inquire of certeine treasons that were supposed to be committed by the lords, which in the last parlement had so caused things to passe, contrarie to the kings pleasure, indicted the same lords of manie crimes informed against them. ¶ The Londoners indeed were euill reported of in those daies, by some writers, for their vnstablenesse, one while holding on the kings part, and with such as were chéefe in counsell about him; and an other while on the lords side that were of a contrarie faction: according as the streame of their affections draue them, and as they were carried awaie perforce by the floud of their variable willes, whereby they were diuided into differing passions, as they were assaulted by sundrie and vncerteine desires: which is the nature of the people, as the poet noteth, saieng:
Scinditur incertum studia in contraria vulgus.
Why the shiriffes of all shires were sent for to the court.