again in England The Appeal or Charge exhibited against them in Parliament tho' long is yet remarkable and not being extant in English I shall so far presume on the Reader 's Patience as to insert it Translated from the Original as we find it in Knyghton de Eventibus Angliae Col. 2713. as follows viz. TO our Most Excellent and redoubted Lord the King and his Council in this present Parliament do shew Tho. Duke of Glocester Constable of England Henry Earl of Derby Richard Earl of Arundel and Surry Thomas Earl of Warwick and Tho. Earl Marshal That whereas they the said Duke and Earls as Loyal Subjects of our Lord the King for the profit of the King and Realm on the Fourteenth day of November last past at Waltham-Cross in the County of Hertford did before the most Reverend Fathers in God William Bishop of Winchâ—ster Thomas Bishop of Ely late Chancellour of England John Waltham then Lord Privy Seal John Lord Cobham the Lords Richard le Scrope and John Denross then Commissioners of our Lord the King Ordain'd and made in the last Parliament Appeal Accuse or Charge Alexander Archbishop of York Robert de Vere Duke of Ireland Michael de Pole Earl of Suffok Robert Tresylian the false Justice and Nicholas Brember the false Knight of London of several High Treasons by them committed against the King and his Realm and did offer to prosecute and maintain the same and sufficient Sureties to find praying the said Lords to certifie the same to their said Soveraign Lord which the same day the said Commissioners did accordingly certifie to the King at Westminster where most of the said persons so Appealed being present were fully informed and certified of such Appeal And whereas shortly after by the Assent of the King and his Council the said Thomas Duke of Glocester c. coming to Westminster in presence of the King and of his Council there for the profit of the King and his Realm did again Appeal the said Arch-bishop of York and other false Traytors his Companions appealed of High Treasons by them committed against the King and his Realm as Traytors and Enemies to the King and Realm in affirmance of their former Appeal offering to pursue and maintain it as aforesaid Which Appeal our Lord the King did accept and thereupon assigned a day to the said Parties at his first Parliament which should be holden on the Morrow after Candlemass next insuing then to have receive full Justice upon the said Appeal and in the mean time took into his safe and most special protection the said Parties with all their people Goods and Chattels and caused the same to be then proclaimed and published And whereas also on Monday next after the day of the Nativity of our Lord Christ next after the said Duke of Gloucester c. in the presence of the King in the Tower of London as Loyal Subjects of the King and his Realm did appeal the said Archbishop of York c. as false Traytors c. Whereupon the King assign'd them a day in the next Parliament to pursue and declare their Appeal and by the advice of his Council did cause Proclamation to be made in all the Counties of England by Writs under his great Seal That all the said persons so Appealed should be at the said Parliament to answer thereunto Which Appeal the said Duke of Gloucester c. the Appealors are now ready to pursue maintain and declare and do by these Presents as loyal Subjects of our Lord the King for the profit of the King and Realm Appeal the said Archbishop c. of High Treasons by them committed against our Lord the King and his Realm as Traytors and Enemies of both King and Kingdom which Treasons are declared and fully specified in certain Schedules hereunto annexed and they do pray that the said persons Appealed may be called and Right and Justice done in this present Parliament Imprimis Thomas Duke of Gloucester Constable of England Henry Earl of Derby c. do Appeal and say that Alexander Archbishop of York Robert de Vere Duke of Ireland and Michael de la Pole Earl of Suffolk false Traytors to the King and Realm seeing the tender Age of our said Lord the King and the Innocency of his Royal Person have by many false Contrivances by them without Loyalty or Good Faith imagined and suggested endeavoured wholly to Ingross his Majesties Affection and to make him intirely give Faith and Credence to what they should say though never so pernicious to himself and his Realm and to hate his Loyal Lords and People by whom he would more faithfully have been served Encroaching and assuming to themselves a power to the endefranchising our Lord the King of his Soveraignty and imparing his Royal Prerogative and Dignity making him so far obey them that he hath been sworn to be govern'd and counsel'd only by them by means of which Oath and the power they have so trayterously usurped great inconveniencies mischiefs and destructions have hapned as by the subsequent Articles will appear 2. Item Whereas the King is not bound to make any Oath to any of his Subjects but on the day of his Câ—ronation or for the common profit of him and his Realm the said Bishop Duke and Earl false Traytors to the King and Realm have made him swear and assent to them that he will maintain and defend them and live and die with them And so whereas the King ought to be of a free condition above any other in his Realm they have brought him more into Servitude and Bondage against his Honour Estate and Royalty contrary to their Allegiance and as Traytors unto him 3. Item The said Traytors by the Assent and Councel of Robert Tresylian the false Justice and Nicholas Brember the false Knight of London by their false Covin would not at all suffer the great Persons of the Realm nor the good Subjects of the King to speak to or approach the King to give him wholsome advice nor the King to speak to them unless in the presence and hearing of them the said Duke of Ireland c. or two of them at their will and pleasure or about such things as they thought fit to the great disgrace of the Nobles and good Counsellors of the King and to the preventing of their good will and service towards the King thereby encroaching to themselves the Royal power and a Lordship and Soveraignty over the person of the King to the great dishonour and peril of the King his Crown and Realm 4. Item The said Archbishop c. by such their false devices and pernicious Councels have diverted the King from shewing due countenance to his great Lords and Liege People so that they could not be answered in their Suits and Rights without the leave of them the said Archbishop c. Thereby putting the King besides his Devoir contrary to his Oath contriving to alienate the Heart of our Lord the King from
Item At the same time that the King in his Parliament caused the Duke of Glocester and Earls of Arundel and Warwick to be adjudged that he might more freely exercise his Cruelty upon them and accomplish his injurious will in other matters he gathered to himself a great multitude of Malefactors of the County of Chester of whom some passing with the King through the Kingdom as well within the Kings Pallace as without did cruelly kill the Liege Subjects of the Kingdom and some they beat and wounded and did plunder the Goods of the People and refuse to pay for their Victuals and did Ravish and Violate their Wives and other Women and though their were grievous Complaints of such their excesses brought to the hearing of the said King Yet the said King did not regard to cause Justice to be done or any Remedy thereuponâ— but did favour the said Troops in such their evil doings trusting in them and their Guard against all others of his Kingdom for which cause the faithful People of his Kingdom had great matter of Commotion and Indignation VI. Item Although the said King by his writs caused Proclamation to be made throughout the whole Kingdom that he had caused his Uncle the Duke of Glocester and the Earls of Arundel and Warwick to be taken and Arrested not for any Assemblings or Troopings by them formerly made within the Kingdom of England but for very many Extortions Oppressions and other things by them afterwards done and perpetrated against his Royalty and Kingly Majesty And that it was not his Intention that any of the Family of the said Duke and Earls or of their followers at the time of such Assembling and Trooping should for that occasion be molested or aggrieved Yet the said King at last in his Parliament did not Impeach the said Lords for Extortions Oppressions or any such matters but for the Assemblings and Troopings aforesaid did adjudge them to Death and very many of the Family of the said Lords and others who were following them at the time of such their Assembling and Trooping he did for fear of Death force to make Fine and Ransom as Traytors or Rebels to the great destruction of a great Number of his People And so he did subtily fraudulently and maliciously deceive the said Lords and their familiars and the People of his Kingdom VII Item After very many of those Persons so making Fine and Ransom had obtained of the King his Letters Patent of full Pardon in the Premises they could not reap any Commodity by such Letters of Pardon till they had made new Fine and Ransoms for saving of their Life whereby very many were Impoverished which was a great Derogation and dishonour to the Name and State of a King VIII Item In the Last Parliament held at Shrewsbury the said King purposing to oppress his People subtily procured and caused it to be granted that the power of the Parliament by the consent of the States of his Kingdom shall remain in certain Persons to determine after the dissolution of the Parliament certain Petitions in the said Parliament exhibited but then not dispatched By Colour of which grant the Persons so deputed proceeded to other things generally touching that Parliament And this with the will of the King in Derogation of the state of Parliament the great dammage of the whole Kingdom and pernitious Example And that they might seem to have some Colour and Authority for such their doings the King called the Parliament Rolls to be altered and blotted at his pleasure against the Effect of the said Grant IX Item Notwithstanding the said King in his Coronation had sworn that in all his Judgments he would cause to be done equal and right Justice and discretion in mercy and truth according to his power Yet the said King rigorously without all mercy did amongst other things Ordain under grievous penalties that none should sue for any favour or intercede with the said King for Henry Duke of Lancaster being Banished whereby the said King did act against the Bond of Charity rashly violating his Oath aforesaid X. Item Although the Crown of the Kingdom of England and the Rights of the said Crown and that Kingdom it self have in all time past been so free that our Lord the Pope nor any other without the Kingdom ought to concern himself about the same Yet the aforesaid King for the Corroboration of such his erroneous statutes did make supplication to our Lord the Pope that he would confirm the statutes ordained his last Parliament whereupon our Lord the King obtained the Apostolick Letters in which grievous Censures are denounced against any that should presume in any thing to act contrary to the said statutes all which are well known to tend against the Crown and Royal dignity and against the Statutes and Liberties of the said Kingdom XI Item Although the Lord Henry now Duke of Lancaster by the Kings Command had preferred his Bill touching the State and Honour of the King against the Duke of Norfolk and the same had duely prosecuted so that according to the Kings Order he had exhibited himself in all Points prepared for the Combate And the said King had declared that the said Duke of Lancaster had honourably performed his Devoir as much as in him lay and this by a Decree publickly Proclaimed before all the people Assembled at the said Combate Yet the said King without any Legal Reason whatsoever did cause and command the said Duke to be Banisht for ten Years against all Justice and Laws and Customs of his Kingdom and the Law of War in that behalf thereby damnably incurring Perjury XII Item After the said King had graciously granted by his Letters Patents to the Lord Henry now Duke of Lancaster that in his absence whilst he was banisht his General Attorneys might prosecute for Livery to him to be made of all manner of Inheritances or Successions belonging unto him and that his Homage should be respited paying a certain reasonable Fine he injuriously did revoke the said Letters Patent against the Laws of the Land thereby incurring the Crime of Perjury XIII Item Notwithstanding that it was Enacted that every Year the Officers of the King with his Justices and others of the Kings Council should choose Sheriffs for all the Counties of England and name them to our Lord the King according as to their Discretion and Conscience should seem expedient for the good and utility of the Kingdom the said King hath caused persons to be made Sheriffs not so nominated or elected but other according to the Capricio's of his pleasure sometimes his Favourites or Creatures and sometimes such as he knew would not oppose his humour for his own and others private advantage to the great grievance of his People and against the Laws of his Kingdom thereby notoriously incurring Perjury XIV Item At such time as the aforesaid King requested and had of very many Lords and others of his Kingdom divers Sums
or in lieu thereof great Sums of Money in the said Letters expressed By which manner of Writing he forced many of such Religious out of fear to fulfil his Will and Command whereby they were heavily impoverisht and opprest in manifest derogation of Ecclesiastical Liberty by which Pretext the said King Richard did incur Perjury XXIII Item In most of the great Royal Councils when the Lords of the Realm the Judges and others being charg'd that they would faithfully Council the King in Matters relating to his State and that of his Kingdom The said Lords Justices and others very often in giving Counsel according to their best Discretion have been by the King suddenly and so fiercely chidden and reproved that they have not dared to speak the Truth in giving their Advice for the State of the King and Kingdom XXIV Item The Treasures Crowns Reliques and other Jewels viz. The Goods of the Kingdom which time out of mind have been Reposited in the Treasury of the Kingdom for the Honour of the King and preservation of his Kingdom against any sudden Event or Exigency the said King Going out of his Kingdom into Ireland did take away and caused the same to be carried with him without the consent of the States of the Kingdom Whereby this Kingdom had been vastly impoverisht if God by the retaking of the said Goods against the said Kings Will had not otherwise provided And furthermore the said King did cause the Rolls of Records touching the State and Government of his Kingdom uo be destroyed and rased to the great prejudice of his People and disinheriting the Crown of the said Kingdom And all this as 't is probably believed in favour and support of his evil Governance XXV Item The said King was wont as it were perpetually to be so variable and dissembling in his Words and Writings and so contrary to himself and especially in writing to the Pope and to Kings and other Lords out of the Kingdom and within it and also to others his Subjects that no man living that knew his Conditions could or would confide in him nay he was reputed so unfaithful and unconstant that it became scandalous not only to his own person but also to the whole Kingdom and especially amongst Foreigners of all the World that came to know the same XXVI Item Although The Land and Tenements the Goods and Chattels of every Freeman by the Laws of the Realm used from all time heretofore ought not to be taken from him unless they be forfeited Yet the said King purposing and longing to weaken such Laws in the pretence of very many Lords and others of the commonalty of the Kingdom hath frequently said and affirmed That the Life of every one of his Svbjects and his Lands Tenements Goods and Chattels are his the said Kings at his will and pleasure without any forfeiture Which is utterly against the Laws and Customs of the Kingdom aforesaid XXVII Item Although it was Fnacted and Ordained and is hitherto Confirmed That no Freeman shall be taken c. nor any way destroyed and that the King shall not pass nor send any to pass upon him but by the Lawful Judgment of his Peers or by the Law of the Land Yet by the Will Command and Order of the said King very many of his Liege People being maliciously accused for having publickly or secretly said something that might tend to the disyraise scandal or disgrace of the person of the said King have been taken and Imprisoned and brought before the Constable and Marshal of England in the Court Military in which Court the said Liege People being accused would not be admitted to make any other Answer than that they were no way guilty and would justifie the same and defend themselves by their Bodies and not otherwise notwithstanding their Appellors were young men stout and lusty and those so accused antient and impotent maim'd or infirm Whereby not only destruction of the Lords and grandees of the Kingdom but also of all and singular persons of the Commonalty of the same may probably ensue Since therefore the said King hath wilfully acted contrary to such a Statute of his Kingdom 't is not to be doubted but he hath thereby incurred the Crime of Perjury XXVIII Item Although the People of the Realm of England by vertue of their Leigeance are fully enough bound to their King and the said King by the Laws and Customs of his Kingdom is enabled to Correct and punish his People if in any kind they Transgress yet the said King desiring to trample on and too much oppress his People that he might the more freely execute and follow the Humour of his foolish and unlawful Will by his Letters to all the Counties of his Kingdom did Injoyn and Command That all his Subjects as well Spiritual as Tempâ—ral should make certain Oaths in general which were too grievous to them and which might probably cause the final destruction of his People and that they should confirm such their Oaths under their Letters and Seals To which Royal Command the People of his Kingdom did submit and pay Obedience that they might not incur his Indignation or Displeasure and also for fear of Death XXIX Item When Parties contending in the Ecclesiastical Court in Causes meerly Ecclesiastical and Spiritual had endeavoured to obtain from the Chancellor of England Prohibitions to hinder the lawful Process in the said Courts and the said Chancellor had justly refused to grant the same yet the said King by Letters under his Signet has frequently prohibited the Ecclesiastical judges to proceed in such Causes thereby evilly infringing the Liberties of the Câ—urch in the Grand Charter approved to the Conservation whereof he was sworn and damnably incurring Perjury and the Sentence of Excommunication against such Violators thereof by the Holy Fathers pronouâ—ced XXX Item The said King without any reasonable or lawful cause whatsoever or any other process of Law did in his Parliament encompass'd in warlike manner by armed men adjudge Thomas of Arundel Lord Archbishop of Canterbury Primate of all England his Spiritual Father absenting himself by the Treacherous Counsell of the said King to Banishment against the Laws of his Kingdom so by him sworn to as aforesaid XXXI Item By inspection of the Testament of the said King Sealed with the Great and Privy Seal and also with his Signet among other things there is contained this clause or Article Item we will that the residue of our Gold the true debts of our House-hold Chamber and Wardrobe being paid for payment whereof we bequeath Twenty Thousand Marks reserving to our Executors Five or Six Thousand Marks which wee will by them to be expended towards the more plentiful maintainance of the Lepers and Chaplains to celebrate before them by us founded at Westminster and Bâ—rmondeseye shall remain to our Successor provided alwaies that he approve ratify and confirm and hold and cause to be holden and firmly observed all and singular