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masters of diuinitie, and doctors of canon and of ciuill law, and a great part of the clergy of the said realme, specially assembled for this great cause; which persons doe also preach diuers matters of slander, to ingender discord and dissention betwixt diuers estates of the said realme, as well spirituall as temporall, in exciting of the people to the great perill of all the realme which preachers being cited or summoned before the ordinaries of the places, there to answer to that wherof they be impeached, they will not obey to their summons and commandements, nor care not for their monitions nor censures of the Holy Church, but expresly despise them; and moreouer, by their subtile and ingenious words, doe draw the people to heare their sermons, and doe maintaine them in their errors by strong hand, and by great routs: It is ordained and assented in this present parliament, that the king's commissions bee made and directed to the sheriffes and other ministers of our soueraigne lord the king, or other sufficient persons learned, and according to the certifications of the prelats thereof, to bee made in the Chancery from time to time, to arrest all such preachers, and also their fautors, maintainers and abetters, and to hold them in arrest and strong prison, till they will iustifie themselues according to the law and reason of Holy Church. And the king willeth .nd commandeth, that the Chancellor make such commissions at all times, that hee by the prelats, or any of them shall be certified and thereof required, as is aforesaid.

An Examination of the foresaid supposed Statute, and of the inualidity thereof.-Which supposed statute forasmuch as it was the principall ground whereupon proceeded all the persecution of that time; it is therefore not impertinent to examine the same more particularly, whereby it shal appeare, that as the same was fraudulently and vnduely deuised by the prelats only, so was it in like maner most iniuriously and vnorderly executed by them. For immediately vpon the publishing of this law, without further warrant either from the king or his councel, commissions vnder the great seale of England were made in this forme: Richard by the grace of God, &c. vt patet act. pag. 541. Witnesse my selfe at Westminster the 26 day of Iune, in the sixth yeare of our raigue. With out more words of warrant vnder written, such as in like cases are both vsuall and requisite; viz. per ipsum regem: per rege & concilium: or per breue de priuato sigillo. All or any which words being vtterly wanting in this place, as may bee seene in the king's records of that time; it must therefore be done either by warrant of this foresaid statute, or els without any warrant at all. Whereupon it is to be noted, that whereas the said statute appointed the commissions to be directed to the shiriffe, or other ministers of the king's, or to other sufficient persons learned for the arresting of such persons; the said commissions are directed to the archbishop and his suffragans, being as it appeareth parties in the case, authorizing them

further without either the words, or reasonable meaning of the said statute, to imprison them in their owne houses, or where else pleased them.

Besides also, what manner of law this was, by whom deuised, and by what authority the same was first made and established, iudge by that that followeth : viz.

In the Utas of Saint Michael next following, at a parliament summoned and holden at Westminster, the sixth yeere of the said king, among sundery petitions made to the king by his com mons, whereunto hee assented, there is none in this forme, article 52.

Item, prayen the commons, that whereas an estatute was made the last parlament in these words: It is ordained in this present parliament, that commissions from the king bee directed to the shiriffes and other ministers of the king, or to other sufficient persons skilfull, and according to the certificats of the prelats thereof, to bee made vnto the Chancery from time to time, to arrest all such preachers, and their fautors, maintainers and abetters: and them to detaine in strong prison, vntill they will iustifie themselues according to reason, and law of Holy Church: and the king willeth and commandeth that the Chancellor make such commissions at all times, as he shall be by the prelats or any of them certified, and thereof required, as is aforesaid. The which was neuer agreed nor granted by the commons: but whatsoeuer was mooued therein, was without their assent: that the said statute be therefore disannulled. For it is not in any wise their meaning, that either themselues, or such as shall succeede them, shall bee further iustified or bound by the prelats, than were their ancestors in former times, whereunto is answered, il plaist a Roy. 1. the king is pleased.

Hereby notwithstanding the former vniust law of an. 5. was repealed, and the fraud of the framers thereof sufficiently discouered: yet such meanes was there made by the prelats, that this act of repeale was neuer published, nor euer sithence imprinted with the rest of the statutes of that parliament. Insomuch as the said repeale being concealed, like commissions and other processe were made from time to time, by vertue of the said bastard statute, as well during all the raigne of this king, as euer sithence against the professors of religion.

Meane while what became of J. Wickliffe it is not certainly knowne. Albeit, so farre as may bee gathered out of Walden, it appeareth that he was banished and driuen to exile. In the meane time it is not to bee doubted, but he was aliue during all this while, wheresocuer he was, as by his letter may appeare, which he about this time wrote to pope Urbane the sixth, In the which letter he doth purge himselfe, that being commanded to appeare before the pope at Rome, hee came not; declaring also in the same a briefe confession of his faith. copie of which epistle here followeth.

The

The epistle of John Wickliffe sent vnto pope Vrbane the sixth. Anno 1332.-Verily I doe reioyce to open and declare vnto euery man

the faith which I doe hold, and specially vnto the bishop of Rome; the which forsomuch as I doe suppose to bee sound and true, he will most willingly confirme my said faith, or, if it bee erroneous, amend the same. First. I suppose, that the Gospell of Christ is the whole body of Gods law; and that Christ, which did giue the same law himselfe, I beleeue to be a very man, and in that point, to exceeed the law of the Gospell, and all other parts of the Scripture. Againe, I doe giue and hold the bishop of Rome, forsomuch as he is the vicar of Christ, here in earth, to be bound most of all other men vato that law of the Gospell. For the greatnesse amongst Christs disciples did not consist in worldly dignitie, or honours, but in the neere and exact following of Christ in his life and manners: whereupon I doe gather out of the heart of the law of the Lord, that Christ for the time of his pilgrimage here was a most poore man, abiecting and casting off all worldly rule and honour, as appeareth by the Gospell of Matth. the 8. and the 2 Cor. 8. chap. Hereby I doe fully gather, that no faithfull man ought to follow, either the pope himselfe, or any of the holy men, but in such points as he bath followed the Lord Jesus Christ. For Peter and the sonnes of Zebede, by desiring worldly honour contrary to the following of Christs steps, did offend, and therefore in those errours they are not to be followed.-Hereof I doe gathei, as a counsell, that the pope ought to leane vnto the secular power all temporall dominion and rule, and thereunto effectually to moue and exhort his whole clergy; for so did Christ, and specially by his Apostles. Wherefore if I haue erred in any of these points, I

will most humbly submit my selfe vnto correction, euen by death it necessitie so require: and if I could labour according to my will or desire in mine owne person, I would surely present myselfe before the bishop of Rome; but the Lord hath otherwise visited me to the contrarie, and hath taught me rather to obey God than men. Forsomuch then as God hath giuen vnto our pope iust and true euangelicall instinctions: we ought to pray that those motions be not extinguished by any subtle or crafty deuice.—And that the pope and cardinals be not moued to doe any thing contrary vnto the law of the Lord. Wherefore let vs pray vnto our God, that hee will so stirre vp our pope Vrbane the sixth, as he began, that he with his clergy may follow the Lord Jesus Christ in life and manners: and that they may teach the people effectually, and that they likewise may faithfully follow them in the same. And let vs specially pray that our pope may be preserued from all maligne and cuill counsell, which we doe know that euill and enuious men of his houshold would giue him. And seeing the Lord will not suffer vs to be tempted aboue our power, much lesse then will hee require of any creature to doe that thing which they are not able; forsomuch, as that is the plaine condition and manner of Antichrist.

Which John Wickliffe returning againe with in short space, either from his banishment, or from some other place where he was secretly kept, repaired to his parish of Lutterworth, where he was parson; and there, quietly departing this mortall life, slept in peace in the Lord, in the beginning of the yeere 1381, vpon Siluesters day.

12. PROCEEDINGS IN PARLIAMENT against Alexander Nevil, archbishop of York, Robert Vere, duke of Ireland, Michael de la Pole, earl of Suffolk, Robert Tresilian, lord chief justice of England, and Nicholas Brambre some time mayor of London, and others, for High-Treason: 11 Richard II. A.D. 1388. [3 Hol. Chron. 453. Grafton, 377. Walsing. 334. 3 Tyrrel, 895. Brady, 307. 1 Cobb. Parl. Hist. 188.]

THESE men being raised from mean estates by the favour of the king, and advanced to the degree of Privy-Counsellors, were the men who had the only rule of the Commonwealth, which under the king they governed for some small space with careful diligence, acquiring thereby deserved commendations: but not long did they thus steer the ship of the kingdom, for many of them being of inferior rank by birth, not having their veins dignified with noble blood, they were the sooner enticed with the libidinous baits of voluptuousness, and infected with the insatiable itch of avarice; insomuch that despising the authority of the king, and neglecting the commodity of the realm, and only desiring to keep up the Revenues of the

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kingdom, they so wrought by their policy, that the king is impoverished, and the treasury exhausted: upon which the Commons murmur at the multiplicity of Tenths, Levies and Subsidies; the Peers repine to see themselves disgraced and their inferiors honoured; and in a word, the whole kingdom endures an universal misery.-The nobility, seeing the miserable estate wherein the whole kingdom lay, bleeding as it were to death, urged the king to summon a Parliament, to the end the Grievances of the nation might be inquired into and redressed. A Parliament was shortly after held, October 1, 1386, in which, among many other Acts, John Fortham bishop of Durham was discharged of his office of Treasurer, and John Gilbert bishop

1. "That the said earl being Chancellor, and sworn to act for the just profit of the king, hath purchased of our lord the king, lands, tenements and rents to a great value, as appears by the Record in the Rolls of Chancery; and that against his Oath, not regarding the great necessity of the king and realm, being Chancellor at the time of such purchase made, did cause the said lands and tenements to be set at a much smaller value than really they were worth by the year, in deceit of the king." [Rot. Par. 10 Rich. 2. No. 1. &c.]

of Hereford appointed in his place; and Mi-¡ the office of Chancellor, divers lands and tenechael de la Pole (a) earl of Suffolk and Chan- ments, as is contained in the Impeachment, and cellor of England was dismissed from his chan- it is openly known that he had received from cellorship, and immediately after was impeach- the king other lands and tenements, that are ed of high Crimes and Misdemeanors by the certain and sure, to the value of 400 marks per Commons, as follows: annum, in exchange for 400 marks yearly, which he had upon the Customs of Kingston upon Hull, that are casual, and not so sure, without informing the king of his damage in that particular: and whereas he the said Chancellor has alledged, that he received part of the said lands and tenements so taken in exchange before he was Chancellor : the Commons reply that he was then sworn of the king's privy council, and that afterwards at his being made Chancellor, was again obliged by oath; and that being in the said office, he had agreed to the exchanges by him before desired, and had received from the king the remainder of the said lands and tenements in full performance of the said exchanges; and therefore they demand Judgment of the parliament upon his aforesaid Answer; which being thought insufficient by the Lords, the following Judgment was given, being to this effect: That since the said earl had not alledged in his Answer, that he had observed his Oath, when he swore that he would not know of, or suffer any damage or disherison of the king, nor that the right of his crown should any ways be destroyed if he could hinder it,' with the rest of the clause in the said Oath, as is above recited; yet that he being the principal minister of the king, and knowing his estate, and the necessity of the realm, had taken such lands and tenements as are laid in the said Impeachment, and are re cited in the first Article: and though he hath alledged in his Answer, that the gifts so bestowed upon him, were confirmed in full parliament; yet since he hath produced no such Record enrolled in parliament, therefore it was adjudged,

To this first Article the earl answered to this effect: That while he was Chancellor, he neither purchased any lands of the king, nor did he give any to him, unless when he made him an earl, he had 400 marks per ann. from the king by way of exchange, for so much as he had by inheritance out of the Customs of Kingston-upon-Hull, whereof some part was assigned to him by one Tydeman of Limburgh and others before he was Chancellor, and some part since that time; which exchange was for the king's annual advantage; as also because of the sum of 1000 marks paid by the earl upon that consideration. And he further endeavoured to prove, that the Oath he had taken, when he was made Chancellor, had another intent than what they (the commons) would put upon it and yet notwithstanding that Oath, he might lawfully take, or purchase from the king.

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appurtenances, so received by him from the king, should be seized and taken into his hands, to have and to hold them to him, and his heirs, as fully as ever they had been before the gift 30 made of them to the said earl, with the issues and mesne profits of the same from the time of the said grant, and which were to be levied out of the rest of the said earl's lands elsewhere; yet that it was not the intention of the king, nor of the lords, that this Judgment so given should make him lose the title of earl, nor yet the 20 marks yearly, which he was to receive out of the issues and profits of the county of Suffolk, by reason of the said title.

But the Commons not being satisfied with this Answer, replied thereto, and shewed the lords the copy of his (the Chancellor's) Oath, when he took the Great Seal into his custody,That all manors, lands, tenements, and their being in manner following, viz. You shall swear that you will well and truly serve our lord the king and his people, in the office of Chancellor, and will do right to all persons both poor and rich, according to the laws and customs of the realm, and shall faithfully advise the king, and conceal his counsels and you shall not know of, nor permit any damage or disherison to the king, nor that the rights of his crown shall by any ways be destroyed, if you can hinder it; and if you cannot hinder it, you shall then clearly and expressly make it known to the 11, together with your faithful Advice and Counsel thereupon: and you shall always act for, and procure the profit of the king, in all things where you may reasonably do it. So help you God and the Holy Gospels.--Wherefore the Commons prayed, that this being read and well understood, and the circumstances of his said Answer considered, to wit, that he had not denied to have received of the gift of the king since he was made an earl, and being then in

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(a). He was son to a merchant in London.

2. The second Årticle is, “That whereas nine lords were assigned by the last parliament to view and examine the State of the King and Realm, and to deliver their advice how the same might be improved and amended and put into better order and governance; and thereupon such Examination to be delivered to the king, as well by word of mouth as in writing: and although the said late Chancellor did say in full parliament, that the said Advice and Ordinances should be put in due execntion, yet

it was not done, and that by the default of him who was the principal officer or minister."The earl's Answer to this being not very material, is omitted.

3. Item, "Whereas a Tax was granted by the Commons in the last parliament to be expended according to a certain form demanded by the said Commons, and assented to by the king and lords, and not otherwise; yet the monies thence arising were expended in another manner, so that the Sea was not guarded as it was ordered to have been; whence many mischiefs have already happened, and more are like to ensue to the realin, and all this by the default of the said Lord Chancellor."This Article the earl denied, and it does not appear that it was proved.

4. Item, "Whereas one Tydeman of Limburgh having had granted to him and his heirs a gift of 50l. per annum by the king's grand-father, out of the Customs of Kingston upon Hull, which the said Tydeman had forfeited to the king, so that the payment of the said 507. per annum was discontinued for $5 years and upwards; yet the said Chancellor knowing the premises, purchased to him and his heirs of the said Tydeman, the said 50l. per annum, and prevailed with the king to confirm the said purchase, whereas the king ought to have had the whole profit."-For this Purchase the said earl was adjudged to make fine and ransom, and the said 50l. were to go to the king and his heirs, with the manor of Floxdete, aud ten marks of rent, which were exchanged for the 50l. per annum out of the customs or profits, with the issues aforesaid.

5. "And whereas the master of St. Anthony is a schismatic, and for that cause the king ought to have the revenues (being to the value of 400 marks yearly) which appertain to him in England; the said late Chancellor, who ought to advance and procure the profit of the king, took to farm the said profits at 20 marks per annum, and so got to his own use above 300 marks; and afterwards when the true master nominated by the Pope, ought to have had the possession and livery of the said profits, he could not obtain the same, till he and two persons with him became bound by recognizance in chancery of 3,000l. to pay yearly to the said Chancellor, and his son, John 1001. per annum for the term of their two lives."As to this, it is adjudged, that the king shall have all the Profits belonging to the said master of St. Anthony's at the time of the purchase; and that for the recognizance, so made, the said earl shall be awarded to prison, and fined and ransomed at the pleasure of the king.

6. Item, "That in the time of the late Chancellor, there were granted and made divers charters, and patents of pardon for murders, treasons, felonies, &c. against the laws of the land; and that before the commencement of this present parliament, there was made and sealed a charter of certain Franchises granted to the castle of Dover, in dishe

rison of the crown, and to the subversion of the pleas and courts of the king, and of his laws." -To this the Judgment was, The king awards that those Charters be repealed.

7. Item, "Whereas by an Ordinance made in the last parliament, that 10,000 marks should be raised for the relief of the city of Gaunt, yet by the default of the said late Chancellor the said city of Gaunt was lost, and also a thou sand marks of the said money." (b) The sum of the earl's Answers to the rest of these Articles, were either by denying some of them, or confessing and excusing others; but for all that he was soon after cast into the castle of Windsor, and all his lands, which were of no small revenue, confiscated.

Neither did the Parliament stop here, but to provide further for the whole state, they did hy the unanimous consent of the king, prelates, barons, and commons, constitute and give plenary and absolute power to certain Commissioners as well of the spiritualty as of the temporalty for the ordering and disposing of the public affairs, according as to them should seem best and most necessary for the despe rate estate of the Commonwealth, to depress civil dissensions, and to pacify and appease the grudgings of the people.

These () Commissioners were 13 in number, and were as follows; Of the Spritualty; 1, William Courtney archbishop of Canterbury. 2, Alexander Nevil archbishop of York. 3, Thomas Arundel bishop of Ely, lately made Chancellor of England. 4, William Wickham bishop of Winchester. 5, John Gilbert bishop of Hereford, lord treasurer. 6, Thomas Brentingham bishop of Exeter. 7, Nicholas abbot of Waltham, lord keeper of the privy seal.

Of the Laity. 8, Edmond Langley duke of

(b) Walsingham relates, that all these Articles abovementioned were so fully proved, that the earl could not deny them; insomuch that when he stood upon his Defence, he had nothing to say for himself: whereupon the king blushing for him, shook his head and said, Alas, alas, Michael, see what thou hast done.'

(c) The Commission, which is among the Parliament Rolls, 10 Rd. 2. part 1. M. 7. mentions but eleven Commissioners, omitting the bishops of Ely and Hereford, and was in substance as follows: "That the king of his own free-will, and at the request of his Lords and Commons had changed the Great Officers of the crown abovementioned, for the good government of the kingdom, the good and due execution of the laws, and in relief of his own state, and ease of his people; and had appointed eleven Commissioners, viz. William archbishop of Canterbury, Alexander archbishop of York, Edmund duke of York, and Thomas duke of Gloucester (the king's uncles,) William bishop of Winchester, Thomas bishop of Exeter, Nicholas abbot of Waltham, Richard earl of Arundel, John lord Cobham, Richard le Scrope and John Devereux, to be his great and continual Council for one year next com

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York. 9, Thomas of Woodstock duke of Glou- | with others of that party; and accordingly cester. 10, Richard earl of Arundel. 11, John lord Cobham. 12, Richard lord Scrope. 13, John Devereux, knight.

These, as men eminent in virtue, were chosen by the general suffrage, and confirmed by the king under the great seal; and sworn to carry themselves as dutiful and obedient subjects in all their actions: and it was farther enacted,That if any should refuse or disobey | the Ordinances so made for the public good, the punishment for the first offence should be the confiscation of all his goods, and for the second the loss of his life.' Thus all things being disposed for the best, the Parliament was dissolved, [20 Nov. 1386] and every man returned to his own home.-Soon after [1387] the said Michael de la Pole, with others of his confederates, being moved with implacable fury against the late Statute, buzzed into the king's ears, that the statutes lately enacted were very prejudicial to the honour of his crown, and derogatory to his princely prerogative; that if they were in force he was no king, but rather resembled the shadow of one; and earnestly moved the king against the other lords, and to disannul all that was done in the late parliament. The king gave credit to these tales, and therefore had the lords in great jealousy; but he released Michael de la Pole earl of Suffolk out of the castle of Windsor, and suffered him to go at large: notwithstanding which the said earl of Suffolk, the duke of Ire land, and Robert Tresilian lord chief justice, doubtful of their own safeguards, did what they could to move the king forward to the destruction of the duke of Glocester, the carls of Arundel, Warwick, Derby, and Nottingham,

they conspired together with Alexander archbishop of York, and sir Nicholas Brainbre, to devise means how they might dispatch the said lords; and for that purpose wrote letters to the king of France to aid and assist them in seizing on the said lords, and further prevailed with the judges to declare the said lords guilty of High-Treason for procuring the said late statutes.-But the said duke of Glocester, and the earls of Arundel and Warwick, seeing the heap of ills that daily did arise by the practices of those conspirators, set almost in every part of the kingdom Intelligencers, who should apprehend all messengers, and intercept all letters, which went under the king's name, and send them to the Commissioners. And thus did they come to have intelligence of the whole Plot of the Conspirators, all their Letters being indorsed, Glory be to God on High, on Earth Peace and Good Will towards Men' and by coming to the knowledge of each circumstance, they found that the kingdom was at the point of destruction, wherefore they sought for a Remedy, for by the law of nature it is lawful to repel violence by violence; every man according to his ability levied a power for the preservation of the king and kingdom; part of which forces being committed to the earl of Arundel, he marched away by night, and pitched his tents near London; and in the mean time he used such discipline in his canıp, that he lacked nothing, but all things were sold at reasonable rates as if it had been a market.

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On the other side, the Conspirators intending to prevent their purpose, caused it to be proclaimed throughout the city of London, That none should upon pain of the forfeiture of all their goods, either sell, give, or commu nicate any necessaries to the army of the earl of Arundel, but should treat them as Rebels to the king and country.' Further, they counselled the king to absent himself from the Parliament (which was to begin on Candlemas next, according as the king and Commissioners had appointed it) unless the duke of Glocester, the earls of Arundel and Warwick, and the rest of the Commissioners would swear, That neither they nor any in their name should accuse them, or urge any Accusation against them.' In the mean time, the three noblemen, viz. the duke of Glocester, and the earls of Arundel and Warwick, having muster'd their troops on the 14th of November in the same year [1388] at Waltham-Cross in the county of

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ing, after the date of these letters patent: by which he gave them power to survey and exaamine all his Officers, Courts, Household, and the Government of the whole kingdom, to receive all his Revenue, as also all Subsidies, Taxes, and other Payments; to do what they would in the kingdom, and to amend all things according to their discretions. And these powers were given to any six of them, with his three great officers, willing, that if any difference in opinion should happen between his Councellors and those officers, that the matter should be determined by the major part of them; commanding and charging all prelates, dukes, earls, barons, the steward, treasurer, and comptroller of his household, the justices of one bench or the other, and other his jus-Hertford, sent for the Commissioners that were tices whatsoever, barons and chamberlains of the exchequer, sheriffs, escheators, mayors, bailiffs, and all other his officers, ministers, and lieges whatsoever, that they should be attending, obedient, counselling and assisting to the said councellors and officers, so often and in what manner they should direct. Dated at Westminster the 19th day of November." Upon this Commission a Statute was made, and the whole recited in it, which may be seen in the Statute Book, 10 Rich. 2. cap. 1.

at Westminster in parliament, and sent the archbishop of Canterbury, the lord John Lovel, lord Cobham, and sir John Devereux, with an Accusation in writing against the aforesaid Conspirators, viz. the archbishop of York, the duke of Ireland, the earl of Suffolk, Robert Tresilian and Nicholas Brambre, wherein they accused them of High-Treason; which their Appellation they did offer to maintain, and that they were willing to prosecute the same, and to prove it to be true; they caused also

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