d the appearance, and
but the appearance, of a trial: the peers, though they were not by law
his proper judges, pronounced, in a very summary manner, sentence of
death upon him; and he was executed, together with Sir Robert Tresilian,
who had been discovered and taken in the interval.
It would be tedious to recite the whole charge delivered in against the
five counsellors; which is to be met with in several collections.[*]
* Knyghton, p. 2715. Tyrrel, vol iii. part ii p. 919, from
the records. Parl. Hist. vol. i. p. 414
It is sufficient to observe in general, that if we reason upon the
supposition, which is the true one, that the royal prerogative was
invaded by the commission extorted by the duke of Glocester and his
associates, and that the king's person was afterwards detained in
custody by rebels, many of the articles will appear not only to imply no
crime in the duke of Ireland and the ministers, but to ascribe to
them actions which were laudable, and which they were bound by their
allegiance to perform. The few articles impeaching the conduct of these
ministers before that commission, which subverted the constitution, and
annihilated all justice and legal authority, are vague and general; such
as their engrossing the king's favor, keeping his barons at a distance
from him, obtaining unreasonable grants for themselves or their
creatures, and dissipating the public treasure by useless expenses. No
violence is objected to them; no particular illegal act;[*] no breach of
any statute; and their administration may therefore be concluded to have
been so far innocent and inoffensive. All the disorders indeed seem to
have proceeded not from any violation of the laws, or any ministerial
tyranny, but merely from a rivalship of power, which the duke of
Glocester and the great nobility, agreeably to the genius of the times,
carried to the utmost extremity against their opponents, without any
regard to reason, justice, or humanity.
But these were not the only deeds of violence committed during
the triumph of the party. All the other judges who had signed the
extrajudicial opinions at Nottingham, were condemned to death, and were,
as a grace or favor, banished to Ireland; though they pleaded the fear
of their lives, and the menaces of the king's ministers as their excuse.
Lord Beauchamp of Holt, Sir James Berners, and John Salisbury, were also
tried and condemned for high treason, merely because they had attempt
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