Biography of Thomas Berkeley 8th and 3rd Baron Berkeley 1296-1361

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.