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A34718 The histories of the lives and raignes of Henry the Third, and Henry the Fourth, Kings of England written by Sr. Robert Cotton and Sr. John Hayvvard. Cotton, Robert, Sir, 1571-1631.; Hayward, John, Sir, 1564?-1627. 1642 (1642) Wing C6494; ESTC R3965 119,706 440

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to robbe and spoile without correction and reproofe 6 Item that although the King flatteringly and with great dissimulation made proclamation throughout the Realme that the Lords aforenamed were not attached for any crime of treason but onely for extortions and oppressions done within the Realme yet hee laid to them in the Parliament rebellion with manifest treason 7 Item hee hath compelled divers of the said Lords servants by menace to make great fines and extreme payments to their utter undoing and notwithstanding his pardon to them granted he made them fine a new 8 Item where divers were appointed to commune of the estate of the Realme and the Common-wealth of the same the King caused all the roules and records to bee kept from them contrary to his promise made in Parliament to his open dishonour 9 Item hee uncharitably commanded that no man upon paine of losse of life and goods should once intreat him for the returne of Henry now Duke of Lancaster 10 Item where the Realme is houlden of God and not of the Pope or any other Prince the said King Richard after hee had obtained divers acts of Parliament for his owne peculiar profit and pleasure then hee procured Bulles and extreame censures from Rome to compell all men streightly to keepe the same contrary to the honour and ancient priviledges of this Realme 11 Item although the Duke of Lancaster had done his devoire against Thomas Duke of Norfolke in proofe of his quarrell yet the said King without reason or ground banished him the Realme for tenne yeares contrary to all equity 12 Item before the Dukes departure hee under his broad Seale licensed him to make Atturneyes to prosecute and defend his causes the said King after his departure would suffer none Atturney to appeare for him but did with his at his pleasure 13 Item the said King put out divers Sheriffes lawfully elected and put in their roomes divers others of his owne minions subverting the law contrary to his oath and honour 14 Item hee borrowed great summes of money and bound himselfe under his Letters patents for the repayment of the same and yet not one penny paid 15 Item he taxed men at the will of him and his unhappy Counsaile and the same Treasure spent in folly not paying poore men for their vittaile and viand 16 Item he said that the lawes of the Realme were in his head and sometimes in his breast by reason of which phantasticall opinion hee destroyed Noble men and impoverished the poore Commons 17 Item the Parliament setting and enacting divers notable Statutes for the profit and advancement of the Common wealth he by his privy friends and solicitours caused to bee enacted that no act then enacted should bee more prejudiciall to him then it was to his Predecessours thorow which proviso he did often as hee list and not as the law meant 18 Item for to serve his purpose he would suffer the Sheriffes of the Shires to remaine above one yeare or two in their office 19 Item at the summons of Parliament when the Knights and Burgesses should bee elected and the election had fully proceeded hee put out divers persons elected and put in others in their places to serve his will and appetite 20 Item hee had privy espials in every Shire to heare who had of him any communication and if hee communed of his lascivious living and outragious doing hee straightwayes was apprehended and made a grievous fine 21 Item the Spiritualty alledged against him that hee at his going into Ireland exacted many notable summes of money beside Plate and Iewels without law or custome contrary to his oath taken at his coronation 22 Item when divers Lords and Iustices were sworne to say the truth of divers things to them committed in charge both for the honour of the Realme and profit of the King the said King so menaced them with sore threatnings that no man would or durst say the right 23 Item that without the assent of the Nobility he carried the Iewels and Plate and Treasure over the Sea into Ireland to the great impo●verishing of the Realme and all the good Records of the Common-wealth against his extortions hee caused privily to bee embeasoled and carried away 24 Item in all leagues and letters to bee concluded and sent to the Sea of Rome and other Regions his writing was so subtill and darke that no other Prince durst once believe him not yet his owne Subjects 25 Item hee most tyrannously and unprincely said that the lives and goods of all his Subjects were in the Princes hands and at his disposition 26 Item that hee contrary to the great Charter of England caused divers lusty men to appeale divers old men upon matters determinable at the Common law in the Court Marciall because that in that Court is no triall but onely by battaile whereby the said aged persons fearing the sequell of the matter submitted themselves to his mercy whom hee fined and ransomed unreasonably at his pleasure 27 Item he craftily devised cercaine privy oathes contrary to Law and caused divers of his subjects first to be sworne to observe the same and after bound them in bands for surer keeping the same to the great undoing of many honest men 28 Item where the Chancellor according to law would in no wise grant a prohibition to a certaine person the King granted it unto the same person under his privie Seale with great threatnings if it should be disobeyed 29 Item he banished the Bishop of Canterbury without cause or judgement and kept him in the Parliament Chamber with men of armes 30 Item the Bishops goods hee granted to his successor upon condition that hee should maintaine all his statutes made at Shrewsbury Anno 21. and the statutes made Anno. 22. at Coventree 31 Item upon the accusation of the Archbishop the King craftily perswaded the said Bishop to make no answer for he would be his warrant and advised him not to come to the Parliament and so without answer hee was condemned and exiled and his goods seazed Foure other Articles were laid which particularly did concerne the said Archbishop by whose doing chiefly the King was utterly undone Then was demanded of the Nobility and Commons of the Realme what they judged both of the truth and desert of these Articles who all agreed that the crimes were notorious and that King Richard was worthy for the same to be deposed from his princely dignity The noble men gave their voyces part corrupted by favour part awed by feare and the Commons are commonly like a flocke of Cranes as one doth fly all will follow Hereupon Commissioners were appointed by both the Houses who pronounced sentence of deposition against King Richard in manner and forme as followeth In the name of God Amen Wee Iohn Bishop of S. Asses I. Abbot of Glastenbury Thomas Earle of Gloucester Thomas Lord Bekley Thomas Erpinghaime Thomas Gray Knights William Therning Iustice Commissioners for the matters hereafter specified
all doubt they make expresse mention of the evill For the power and authority of wicked Princes is the ordinance of God and therefore CHRIST told Pilate that the power which hee had was given him from above and the Prophet Esay calleth Cyrus being a Prophane and Heathen Prince the Lords annointed For God stirred up the Spirit even of wicked Princes to doe his will and as Iehosaphat said to his Rulers they execute not the judgement of man but of the Lord in regard whereof David calleth them Gods because they have their rule and authority immediately from God which if they abuse they are not to bee adjudged by their Subjects for no power within their Dominion is superiour to theirs but God reserveth them to the forest triall Horribly and sodainly saith the Wisem●n will the Lord appear● unto them and a hard judgement shall they have The law of God commandeth that the Childe should bee put to death for any con●umely done unto the Parents but what if the Father be a robber if a murtherer if for all excesse of villanies odious and execrable both to God and man surely hee deserveth the highest degree of punishment and yet must not the Sonne lift up his hand against him for no offence is so great as to bee punished by parricide but our Countrey is deerer unto us then our Parents and the Prince is Pater patriae the Father of our Countrey and therefore more sacred and deere unto us then our Parents by nature and must not bee violated how imperious how impious so ever hee bee doth hee command or demand our persons or our purses wee must not shunne for the one nor shrinke for the other for as Nehemiah saith Kings have Dominion over the bodies and over the cattle of their Subjects at their pleasure Doth hee enjoyne those actions which are contrary to the lawes of God wee must neither wholy obey nor violently resist but with a constant courage submit our selves to all manner of punishment and shew our subjection by enduring and not performing yea the Church hath declared it to bee an Heresie to hold that a Prince may be slaine or deposed by his Subjects for any disorder or default either in life or else in government there will bee faults so long as there are men and as we endure with patience a barren yeare if it happen and unseasonable weather and such other defects of nature so must wee tollerate the imperfections of Rulers and quietly expect either reformation or else a change But alas good King Richard what such cruelty what such impiety hath he ever committed examine rightly those imputations which are laid against him without any false circumstance of aggravation and you shall find nothing objected either of any truth or of great moment It may bee that many errours and oversights have escaped him yet none so grievous to bee termed tyranny as proceeding rather from unexperienced ignorance or corrupt counsaile then from any naturall and wilfull malice Oh how shall the World bee pestered with Tyrants if Subjects may rebell upon every pretence of tyranny how many good Princes shall dayly bee suppressed by those by whom they ought to bee supported if they leavy a subsidy or any other taxation it shall bee claimed oppression if they put any to death for trayterous attempts against their Persons it shall bee exclaimed cruelty if they doe any thing against the lust and liking of the people it shall bee proclaimed tyranny But let it bee that without authority in us or desert in him King Richard must bee deposed yet what right had the Duke of Lancaster to the Crowne or what reason have wee without his right to give it to him if hee make title as Heire unto King Richard then must hee yet stay untill King Richards death for no man can succeed as Heire to one that liveth But it is well knowne to all men who are not either wilfully blind or grossely ignorant that there are some now alive Lineally descended from L●onel Duke of Clarence whose off-spring was by judgement of the High Court of Parliament holden the eight yeare of the raigne of King Richard declared next Successour to the Crowne in case King Richard should dye without issue Concerning the title from Edmund Crouchback I will passe it over seeing the authours thereof are become ashamed of so absurd abuse both of their owne knowledge and our credulity and therefore all the claime is now made by right of conquest by the cession and grant of King Richard and by the generall consent of all the people It is a bad wooll that can take no colour but what conquest can a Subject pretend against his Soveraigne where the warre is insurrection and the victory high and heinous treason as for the resignation which King Richard made being a pent Prisoner for the same cause it is an act exacted by force and therefore of no force and validity to bind him and seeing that by the lawes of this Land the King alone cannot alienate the ancient Jewels and ornaments partaining to the Crowne surely hee cannot give away the Crowne it selfe and therewithall the Kingdome Neither have wee any custome that the people at pleasure should elect their King but they are alwayes bound unto him who by right of bloud is right successour much lesse can they confirme and make good that title which is before by violence usurped for nothing can then be freely done when liberty is once restrained by feare So did Scilla by terrour of his Legions obtaine the law of Velleia to be made whereby hee was created Dictatour for fourescore yeares and by like impression of feare Caesar caused the law Servia to bee promulged by which hee was made perpetuall Dictatour but both these lawes were afterwards adjudged void As for the deposing of King Edward the second it is no more to bee urged then the poisoning of King Iohn or the murdering of any other good and lawfull Prince we must live according to lawes and not to examples and yet the Kingdome was not then taken from the lawfull successour But if we looke back to times lately past we shall find that these titles were more strong in King Stephen then they are in the Duke of Lancaster For King Henry the first being at large liberty neither restrained in body nor constrained in mind had appointed him to succeed as it was upon good credit certainely affirmed The people assented to this designement and thereupon without feare and without force he was annointed King and obtained full possession of the Realme Yet Henry Sonne of the Earle of Anjowe having a neerer right by his Mother to the Crowne notwithstanding his Father was a stranger and himselfe borne beyond the Seas raised such rough warres upon King Stephen that there was no end of spoiling the goods and spilling the bloud of the unhappy people besides the ruines and deformities of many Cities and