Trial and Execution of Mortimer and his Faction

Annales of England by John Stow. [19th October 1330] There was a parliament holden at Nottingham, where Roger Mortimer was in such glory and honour that it was without all comparison. No man durst name him any other than earle of March ; a greater route of men waited at his heeles than on the kings person ; he would suffer the king to rise to him and would walke with the king equally, step by step and cheeke by cheeke, never preferring the king, but would go formost himselfe with his officers ; he greatly rebuked the earle of Lancaster, cousin to the king, for that without his consent he appointed certain lodgings for noblemen in the town, demanding who made him so bold, to take up lodgings so nigh unto the queen : with which words the constable, being greatly feared, appointed lodging for the earle of Lancaster one myle out of the towne : and likewise were lodged the earle of Hereford, John de Bohune of Estsex, high constable of England, and others. By which meanes a contention rose among the noblemen and great murmuring among the common people, who said that Roger Mortimer, the queenes paragon and the kings master, sought all the means he could to destroy the kings blood and to usurpe the regall majestic : which report troubled much the kings friends, to wit, William Montacute and other, who, for the safegard of the king, sware themselves to be true to his person, and drew unto them Robert de Holland, who had of long time been chiefe keeper of the castle, unto whome all secret corners of the same were knowne. Then upon a certaine night, the king lying without the castle, both he and his friends were brought by torch-light through a secret way under ground, beginning far off from the said castle, till they came even to the queens chamber, which they by chaunce found open : they therfore, being armed with naked swords in their hands, went forwards, leaving the king also armed without the doore of the chamber, least that his mother should espie him : they which entred in slew Hugh Turpinton, knight, who resisted them, master John Nevell of Horneby giving him his deadly wound. From thence they went toward the queene mother, whome they found with the earle of March, readie to have gone to bedde ; and having taken the said earle, they ledde him out into the hall, after whom the queene followed, crying, Bel filz, bel filz, ayes pitie de gentil Mortimer, Good sonne, good sonne, take pitie upon gentle Mortimer: for she suspected that her sonne was there, though she saw him not. Then are the keyes of tHe castle sent for, and every place with all the furniture is yeelded up into the kings hands, but in such secret wise that none without the castle, except the kings friends, understood thereof. The next day in the morning very early they bring Roger Mortimer and other his friends taken with him, with an horrible shout and crying (the earle of Lancaster,"then blind, being one of them that made the shout for joy), towards London, where he was committed to the Tower, and afterwards condemned at Westminster, in presence of the whole parliament, on S. Andrewes eeven next following, and then drawne to the Elmes, and there hanged on the common gallowes ... He was condemned by his peeres, and yet never was brought to answer before them, for it was not then the custome, after the death of the earles of Lancaster, Winchester, Glocester, and Kent : wherefore this earle had that law himselfe, which he appointed for other.

The Brut. 19th October 1330. And the same nyghte sir William Mountagu and alle the lordes of his querelle and the same constable also wente hem to horse, and maden semblaunt as hit were for to wende oute of the Mortymeris sight. But anone, as the Mortymer herde this tithing, he wende that thei wolde have gone over the see for drede of him ; and anone he and his company nome councel amonges hem, for to lette hire passage, and sente lettres anone unto the portis, so that none of the grete lordes shulde wende home into hire centre, but if he were arreste and taken. And, amonge other thinges, William Elande, constable of the forsaide castel, priviliche ladde sire William Mountagu and his companye by the forsaide wey under erth, so til thei comen into the castel, and wente up into the toure, ther that the Mortymer was in. But sir Hugh of Trompetone hem ascriede hidously and seide: 'A! treytours, it is al for noughte that ye beth come into this castel. Ye shulde die yit in evel deth everichone.' And anone one of hem that was in Mountagues companye up with a mace and smote the same Hugh uppon the hede, that the brayne brake oute and fel on the ground ; and so was he dede in evel deth. Tho nomen thei the Mortymer, as he armede him at the toures dore, whan he herde the noyse of hem, for drede. And when the quene Isabel sawe that the Mortymer was taken, she made moche sorowe in herte and these wordes unto hem seide: 'Now, faire sires, I yow preye that ye done none harme unto his bodie, a worthi knyghte, our welbelovede frende, and oure dere cosyn.' Tho wente thei thens and comen and broughte the Mortymer and presente him unto the kyng Edwarde ; and he comaunded to bring him into safe warde. But anone, as they that were consente unto the Mortymeris doyng herde telle that he was taken, thei wente and hid hem, and priveliche by nyghte wente oute of the toune everych on his side, with hevy herte and mournyng, and levede uppon hire landes as wel as thei myghte. And so that same yeer that the Mortymer was take, he had atte his retenu ix score knyghtes, withoute squyers and sergeauntes of armes and fote men. And tho was the Mortymer lad to London, and sir Symound of Bereforde was ladde with him, and was take to the constable to kepe. But afterward was the Mortymeris life examynede atte Westmynstre, bifore the kyng and bifore alle the grete lordes of Engelonde, for perel that myghte falle to the reaume; and to inquere also whiche were assentyng to sir Edwardis deth, the kynges fader; and also, thurgh whome the Scottis ascaped fro Stanhope into Scotlande, withoute the wille of kyng Edwarde ; and also, how the charter of Ragman was delyvered unto the Scottis, wherin the homages and the feautees of Scotlande were conteynede that the Scottis shulde done evermore unto the kynges of Engelonde for the reame of Scotlande. Wherfor in his absence he was dempnede to bene drawe and hongede for his tresoun. And this meschief come unto him in Seint Andrewes eve and in the yeer of Incarnacion of our Lorde lesu Criste MCCC and XXX.

Chronicle of Walter of Guisborough. A parliament was held at Nottingham, where, on the morrow [19th October 1330] of Saint Luke the Evangelist, the king had Roger de Mortimer, his son Geoffrey, and the knight Sir Simon de Bereford arrested and sent to the Tower of London. On the vigil of Saint Andrew¹ next following, the said Roger, lately made earl of March, was drawn through the streets of London by horses and hanged, and two days later, by the king's grace, his body was granted to the Friars Minor, and on the following day it was buried with honour.

Factum est parliamentum apud Notingham, ubi in crastino Sancti Lucæ Evangelista rex arrestari fecit Rogerum de Mortuo-mari, Galfridum filium suum, Symonem de Berford militem, et ad Turrim Londoniarum transmisit: in vigilia vero Sancti Andreæ proximo sequente dictus Rogerus, comes Marchiæ nuper factus, Londoniis tractus est equis atque suspensus, ac post duos dies de gratia regis fratribus Minoribus corpus ejus conceditur, et die sequenti honorifice sepelitur.

Note 1. The vigil of St. Andrew was the 29th of November; but we learn from the Parliament Rolls, that Mortimer Earl of March was attainted of treason at the Parliament held at Westminster on Monday, the 26th of November and executed on the Thursday following. The King summoned a parliament to meet at Westminster on the 26th of November, for the trial of the Earl of March and his accomplices. In the articles of impeachment exhibited against him (printed at full in the Rot. Parl. 2.52) he was charged with the murder of Edward II and the Earl of Kent, with having appropriated to himself the twenty thousand marks paid by Scotland, &c. The parliament declaring him notoriously guilty of the charges, he was condemned and executed without hearing: in consequence of which, in 28 Edward III, the judgment was reversed as erroneous, and his grandson Roger restored to his title and estate.

Scalacronica. [19th October 1330]. The council having been dissolved, the said William (age 29) said to the King that it were better to eat the dog than that the dog [should eat] them; so he advised him to speak to the constable of the castle, charging him upon his oath and allegiance to keep the plan secret, and [directing] him to leave a postern open to the park that very night, and [warning him] that if he would not do so, he [the King] would cause him to be hanged so soon as he [the King] should have the upper hand. The said William arranged with his comrades to assemble by night at a certain thicket in the park to which all should come; but they missed the trysting place, except the said William de Montacute and John de Nevill with four-and-twenty men, who kept their appointment well.

They were afraid that their comrades might miss them, and they durst not sound a call because of the sentries in the castle; and so, as bold and enterprising men, they declared that, as the matter had gone so far, they would risk the adventure by themselves. They went forward, and found the postern open, as the King had commanded. They entered the castle and mounted the stairs of the second court without meeting anybody, for it was mirk night, and the followers of the [gentle] folk had left the castle for their lodgings. The Queen (age 35), Mortimer (age 43), and their confidential adherents were holding a council to take measures against this plot which had been discovered to them. They [the conspirators] entered the hall where the Queen was sitting in council. The usher cried out at their entry. Hugh de Turpington, who was steward of the King's household, [but] was of the Queen's party, rushed out of the council and met them in the middle of the hall, crying 'Down with the traitors!' and made to strike the first [of them] with a dagger, when John de Nevill ran him through the body and slew him, and an esquire [also] who offered resistance.

Then they passed forward into the chamber, and seized Mortimer and those whom they wished to have; so that before dawn none remained in the town save those who were of the King's party, who had armed themselves when the conspirators entered the castle.

Rotuli Parliamentorum Volume 2. November 1330. No. 3i. All the peers, earls, and barons assembled at this parliament at Westminster have strictly examined, and thereupon are agreed and resolved as follows: that John Mautravers (age 40) is guilty of the death of Edmund, Earl of Kent, uncle of our lord the king who now is, as being the one who principally, treacherously, and wickedly contrived the death of the said earl; in such wise that, whereas the said John knew of the death of King Edward, nevertheless the said John, by crafty means and by his false and evil deceits, made the said earl believe that the king was alive, which false contrivance was the cause of the death of the said earl, and of all the evil that followed therefrom. Wherefore the aforesaid peers of the land, and the judges of parliament, adjudge and award that the said John be drawn, hanged, and beheaded as a traitor, wherever he may be found. And the aforesaid peers of the land pray our lord the king that he will command that writs be made to cause it to be published and proclaimed throughout the realm, that whoever shall take the said John alive and bring him to the king shall have one thousand marks; and if by chance he cannot be taken alive, whoever brings his head shall have five hundred pounds, by gift of the king.

Tres touz les Peres, Countes, & Barouns, assemblez a ceste Parlement a Westm', si ont examine estraitement, & sur ce sont assentuz & acordez, travers. Qe Johan Mautravers si est cupable de la mort Esmon Counte de Kent, le uncle notre Seignur le Roi q̃ ore est, come celui q̃ principaument, traiterousement, & sauffement la mort le dit Counte compassa, issint q̃ la ou le dit Johan savoit la mort le Roi Edward, ne purquant le dit Johan par enginouse manere et par ses fausses et mauveyse sotinetes fist le dit Counte entendre la vie le Roi, lequel faus compassement fust cause de la mort le dit Counte, et de tut le mal q̃ s'enfut. Par qoi les susditz Peres de la terre, & Juges du Parlement, ajuggent & agardent q̃ le dit Johan soit treyne, pendu, & decolle, come Treitre, queu part q'il soit trove. Et prient les Peres susditz a nostre Seign' le Roi, q'il voille comander q̃ Briefs soient faitz de faire publier & crier par tut le Roialme, q̃ qi purra prendre le dit Johan vif, et le mesne au Roi, il auera M marcs; et si par cas ne purra estre pris vif, q̃ qi porte sa teste il auera D livres, du doun le Roi.

Rotuli Parliamentorum Volume 2. After 25th November 1330. No. 15. Thomas de Berkeley (age 34), knight, came before the lord king in his full parliament aforesaid, and being addressed concerning this: that whereas Lord Edward, late King of England, father of the present lord king, was delivered into the custody of the said Thomas and of one John Mautravers (age 40) to be safely kept in the castle of the said Thomas at Berkeley in the county of Gloucester, and in that same castle, while in the custody of the said Thomas and John, was murdered and slain , how does he wish to acquit himself of the death of the said king? He says that he was never consenting, aiding, or procuring in his death, nor ever knew of his death until the present parliament. And of this he is ready to acquit himself, as the court of the king shall consider. And thereupon he was asked, since he is lord of the said castle, and the same lord king was delivered into the custody of him and John Mautravers to be safely kept, and they received and accepted that custody, how can he excuse himself from being bound to answer for the death of the said king? And the aforesaid Thomas says that it is true that he is lord of the said castle, and that he, together with John Mautravers, received custody of the said king to keep him safely, as aforesaid. But he says that at the time when the said lord king is said to have been murdered and slain, he was kept at Bradley, outside the said castle, by such and so great an illness that nothing remained to his memory. And it was said to him that, since he acknowledges that he, together with the said John, held the custody of the said lord king, and that he placed under himself keepers and ministers for making that custody, how can he excuse himself from answering in this matter on the ground of some illness? And the aforesaid Thomas says that he placed under him such keepers and ministers in the said castle to make the custody, in whom he trusted as in himself, who together with the said John Mautravers had the custody of the said king. Wherefore he says that of the death of the said lord king, by aid, assent, or procurement, he is in no way guilty. And of this, for good and ill, he puts himself upon the country. Therefore there came jurors before the lord king in his parliament at Westminster, in the octave of St. Hilary next to come, etc. On which day the aforesaid Thomas came before the lord king in his full parliament, and likewise the jurors, namely John Darcy, John de Wisham, William Trussell, Roger de Swynerton, Constantine de Mortimer, John de Saint Philibert, Richard de Rivers, Peter Husee, John de Brynton, Richard de la Rivere, Roger Dabenhale, and Richard de Croupes, all knights. Who say upon their oath that the aforesaid Thomas de Berkeley is in no way guilty of the death of the said lord Edward the king, father of the present lord king, nor of assent, aid, or procurement of his death. And they say that at the time of the death of the said lord Edward the king, father of the present lord king, he was so grievously burdened with illness at Bradley, outside his said castle, that his life was despaired of. Therefore the same Thomas is acquitted thereof. And the jurors being asked whether the same Thomas ever withdrew himself on account of the aforesaid matter, they say that he did not. And because the aforesaid Thomas had placed under him keepers and ministers, namely Thomas de Gurney and William de Ocle, to make custody of the said lord king, by whom the same lord king was murdered and slain, a day is given to him before the present lord king at his next parliament, for hearing his judgment, etc. And the aforesaid Thomas de Berkeley is meanwhile committed to Ralph de Neville, steward of the lord king’s household, etc.

Thomas de Berkele Mil' venit coram Dño Rege in pleno Parliamento suo predco, & allocutus de hoc, quod cum Dñus Edwardus nuper Rex Anglie, pater Dñi Regis nunc, in custodia ipsius Thome et cujusdam Johnis Mautravers nuper extitit liberatus ad salvo custodiendum in Castro ipsius Thome apud Berkele in Com' Gloucestrie, et in eodem Castro in custodia ipsorum Thome & Johnis murdratus extitit & interfectus, Qualiter se velit de morte ipsius Regis acquietare? Dicit, quod ipse nuncquam suit confentiens, auxilians, seu procurans, ad mortem suam, nec unquã scivit de morte sua usq; in presenti Parliamento isto. Et de hoc paratus est se acquietare, prout Curia Regis confideraverit. Et super hoc quesitum est ab eo, ex quo ipse est Dominus Castri predicti, et idem Dñus Rex in custodia ipsor' Thome & Johis extitit liberatus ad salvo custodiendum, et ipsi custodiam ipsius Regis receperunt & acceptarunt, Qualiter se excusare possit, quin de morte ipsius Regis respondere debeat? Et predictus Thomas dicit, quod verum est, quod ipse est Dominus Castri predicti, et quod ipse simul cum Joie Mautravers custodiam ipsius Regis recepit ad salvo custodiendum, ut podictum est. Set dicit, quod eo tempore, quo dicitur ipsum Dominum Regem esse murdratum & interfectum, fuit ipse tali & tanta infirmitate apud Bradeleye extra Castrum predictum detentus, quod nichil ei currebat memorie. Et super hoc dictum est ei, quod ex quo cognovit quod ipse simul cum dicto Johe custodiam ipsius Domini Regis optinuit, ut predictum est, et ipse Custodes & Ministros sub se posuit, ad custodia de eo faciend', si per aliquam infirmitatem se excusare possit, quin respondere debeat in hac parte? Et predictus Thomas dicit, quod ipse posuit sub se tales Custodes & Ministros in Castro predicto pro custodia facienda, in quibus ipse se confidebat ut de seipso, qui custodiam ipsius Regis simul cum predicto Johne Mautravers inde habuerunt. Unde dicit, quod ipse dè morte ipsius Domini Regis, auxilio, assensu, seu procuratione mortis sue in nullo est inde culpabilis. Et de hoc de bono & malo ponit de super patriam. Ideo venerunt inde Jurat' coram Domino Rege in Parliamento suo apud Westm', in octabis Sci Hillarii proximo futuri &c. Ad quem diem venit predictus Thomas coram Domino Rege, in pleno Parliamento suo, et similiter Juratores, scilicet, Johnes Darcy, Johnes de Wisham, Willus Trussel, Rogerus de Swynenerton, Constantinus de Mortymer, Johnes de São Philiberto, Richardus de Rivers, Petrus Hufee, Joines de Brynton, Ricus de la Rivere, Rogerus Dabenhale, & Ricus de Croupes, omnes Milites, Qui dicunt super sacramentum suum, quod predictus Thomas de Berkele in nullo est culpabilis de morte predicti Domini Edwardi Regis, patris Domini Regis nunc; nec de assensu, auxilio, seu procuratione mortis ejusdem: Et dicunt, quod tempore mortis ejusdem Dñi Edwardi Regis, patris Domini Regis nunc, fuit ipse tali infirmitate gravatus apud Bradeleye extra Castrum suum predictum, quod de vita ejus desperabatur. Ideo idem Thomas inde quietus. Et Juratores quesiti, si idem Thomas unquam subtraxit se occasione predicta? dicunt quod non. Et quia predictus Thomas posuit Custodes & Ministros sub se, scilt Thomam de Gurneye, & Willm de Ocle, ad custodiam de ipso Domino Rege faciendam, per quos idem Dñus Rex extitit murdratus & interfectus; datus est ei dies coram Domino Rege nunc in proximo Parliamento suo, de audiendo Judicio suo &c. Et predcus Thomas de Berkele interim committitur Radulpho de Nevill, Senescallo Hospitii Domini Regis &c.

Chronicle of Robert Fabyan [-1512]. [29th November 1330]. In this. iiii. mayres yere, & ende of y thyrde yere of thys kynge, duryngc the foresayd parliament, as aboue is towchyd, at London, the foresayde syr Roger Mortymer (age 43) was accusyd before the lordys of the parlyament of these artyclys with other; wherof. v. I fynde expressyd. And firste was layed unto his charge that by his meanys syr Edwarde of Carnaruan, by mooste tyrannouse deth in the castell of Barkley was murderyd; secondaryly, that, to the kynges great dyshonoure and damage, the Scottys, by his meanys and treason, escapyd from the kyng at the parke Stanhope, whiche then shuld haue fallen in the kynges daunger, ne had been the fauoure by the sayde Roger to them tha shewyd; thyrdely to hym was layed, that he, for execucion of the sayd treason, receyued of the capytayne of y^e sayd Scottis, narnyd syr lamys Dowglas, great summys of money, and also for lyke mecle he had, to the kynges great dyshonoure & hurte of his realme, concludyd a peace atwene the kynge & the Scottis, & causyd to be delyuered unto they in the chartyr or endenture called Ragman, with many other thynges, to the Scottys great aduauntage and inpouerysshynge of this realme of Englande; fourtlye, was layed to hym, that where by syuystre & vnlefull meanys, cotrary the kynges pleasure and wyll, or assent of the lordys of the kynges counceyll, he had gotten into his possessyon moche of the kynges treasoure, he vnskylfully wasted & mysspent it; by reason whereof the kyng was in necessyte, and dryuen parforce to assaye his frendys: fyfthlye, that he also had enproperyd unto hym dyuerse wardys belongynge to the kynge, to his great lucre & the kynges great hurt, and that he was more secret w^t quene Isabell, the kynges mother, that was to Goddes pleasure or the kynges honoure: the whiche artycles, with other agayne hym prouyd, he was, by auctoryte of y^e sayde parlyament, iugyd to deth, and vpo seynt Andrewys euyn next ensuynge, at London, he was drawyn and hangyd.

Froissart Book 1: 1307-1340. [43] And he had all the deeds of Lord Mortimer recounted by one of his knights, as they had been recorded and written down. And when all was told and declared, the King of England asked them all, as a form of counsel and judgment, what should rightly be done. The judgment was returned quickly, for each one had already been made fully aware and informed by rumor and true testimony. They responded to the king and said that he ought to die in the same manner as Sir Hugh Despenser had done and had been executed. To this judgment, there was no delay and no mercy. He was immediately [29th November 1330] drawn through the city of London on a hurdle, and then tied up on a scaffold in the middle of the square. There his genitals were cut off and thrown into a fire that had been prepared. Then his belly was opened and his heart was pulled out—because he had planned and committed treason—and it was thrown into the same fire, as was all his entrails. Then he was quartered, and the four parts were sent to four major cities in England, and the head remained in London. Thus ended Sir Roger de Mortimer. May God forgive him all his sins!

[43] Et fist conter par un sien chevalier tous les fais le signeur de Mortemer, ensi que escrire et registrer les avoit fais. Et quant il furent tout dit et conté, li dis rois d'Engleterre demanda à tous, par manière de conseil et de jugement, quel cose en estoit bon à faire. Li jugemens en fu assés tost rendus, car cescuns en estoit jà par fame et par juste information tous avisés et infourmés. Si en respondirent au roy, et disent que il devoit morir en tel manière, comme messires Hues li Despensiers avoit fait et esté justiciés. A ce jugement n'eut nulle dilation ne de merci. Si fu tantos trainés parmi la cité de Londres sus un bahut, et puis loiiés sus une eschielle en mi le place, et puis li vis copés à toutes les coulles et jettées en un feu qui là estoit. Et puis li fu li ventres ouvers et li coers trais hors, pour tant que il en avoit fait et pensé le trahison, et jettés ou dit feu, et ensi toute se coraille. Et puis fu esquartelés, et envoiiés par quatre mestres cités en Engleterre, et la tieste demora à Londres. Ensi fina li dis messires Rogiers de Mortemer, Dieus li pardoinst tous ses fourfais!

Chronicle of Jean le Bel. [29th November 1330] The judgment was quite clear and was soon agreed upon, for everyone had already been informed by rumor even before the king himself knew anything. Nevertheless, the sentence was ordered in such a way that he would die in the same manner as Sir Hugh Despenser. And so it was done: he was immediately drawn through the city of London on a hurdle and tied to a ladder in the middle of the square. Then his private parts were cut off, and his testicles; and afterwards, his belly was split open, and all his entrails were removed and burned. Then his head was cut off, and finally he was hanged by the hips. Soon after, the young king had his mother, the lady Queen Isabella, placed in a fine castle, and provided her with enough ladies and chambermaids to guard, serve, and keep her company, along with household officers and squires. He assigned her a large estate to provide for her comfortably for the rest of her life. But he did not wish to allow or consent that she go anywhere outside that castle openly, as I heard it said at the time. And I believe she remains there still to this day.

Le jugement en estoit assez cler, et fust tantost accordé, car chascun en estoit infourmé par fame ainchoys que le roy en sceust riens ; toutesfois, le jugement fut ainsy ordonné que il morroit par telle maniere que messire Hue le Despensier. Ainsy fut fait?, et fut tantost trayné par la cité de Londres sur ung bahu ct lié sur une eschiele enmy la place; et puis luy fut le vit couppé et les coulles, et puis aprez le ventre fendu et toutes les entrailles ostées et arses, et puis on lui couppa la teste, et puis fut pendu par les hanches. Et tlantost le jœune roy fist enfermer mademe sa mere en ung bcau chastel!, ct luy livra dames et chambrieres assez pour le garder, servir et faire compaignie, et mesnie, el escuiers, et luy assigna grande terre pour le souffisaument tenir tout le cours de sa vye. Maiz il ne voulut mie souffrir ne consentir qu'elle alast nulle part hors de cellui chastel apertement, ainsy que je l'ouy adoncques raconter. Encores crois je qu'elle s'y tiengne au temps present.