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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
Item When a Parliament is assembled and the affaires of the Realme and the cause of assembling the Parliament by the Kings commandement declared and common Articles limited by the King upon which the Lords and Commons in the said Parliament should proceed if the Lords and Commons will proceed upon other Articles and not upon the Articles limited by the King untill the King hath first given answere to the Articles propounded by them notwithstanding that the contrary were enjoyned by the King whether in this case the King ought to have the rule of the Parliament and so to order the fact that the Lords and Commons should first proceed upon the Articles limited by the King or that they should first have answer of the King upon the Articles propounded by them before they proceed any further 7 Item Whether may the King when hee please dissolve the Parliament and command the Lords and Commons to depart or no 8 Item Since the King may at his pleasure remove any of his Officers and Iustices and punish them for their offences whether may the Lords and Commons without the Kings will accuse his Officers and Iustices in Parliament for their offences yea or no 9 Item What punishment have they deserved who moved in Parliament that the statute whereby King Edward Carnarvan was deposed should bee brought forth by view whereof the new statute ordinance and commission aforesaid were framed 10 Item Whether the judgement given in the last Parliament holden at Westminster against Michael De-la-poole Duke of Suffolke was erronious and revocable yea or no These questions or rather quarrels were drawne by Iohn Blake a Councellour at the Law by direction of Iustice Trisilian whilest the King made his stay in Wales to the which the Iustices afore-named some in discharge of their owne malice and some to satisfie the minds of other made answer as followeth To the first that they did derogate from the Prerogative of the King because they were against his will To the second and third that they are to bee punished by death except it pleaseth the King to pardon them To the fourth and fifth that they are worthy to bee punished as Traytours To the sixth that whosoever resisteth the Kings rule in that point deserveth to bee punished as a Traytour To the seventh that the King may at his pleasure dissolve the Parliament and whosoever shall afterwards proceed against the Kings mind as in a Parliament hee is worthy to bee punished as a Traytour To the eighth that they cannot and whosoever doth the contrary hee deserveth to be punished as a Traytour To the ninth that as well the Motioner as also the Bringer of the said statute to the Parliament are worthy to be punished as Traytours To the tenth they answered that the said judgement seemed to them erronious and revocable in every part In witnesse whereof the Iustices aforesaid with Iohn Locktone the Kings sergeant at Law have subscribed and set their seals to these presents c. When these bloudy sentences of death treason were under generall and large Tearmes thus fastened upon the Lords the King supposed his attempts against them whether by violence or by colour of law sufficiently warranted but his power both wayes as it was terrible against weak resistance so against such mighty defendants it was of smal force to effect that which he so much affected Yet he did not omit his first indeavour and first accounting the Lords as condemned persons hee made division of their Lands and goods among those that hee favoured Then hee waged Souldiers to bee in a readinesse for his assistance and sent the Earle of Northumberland to arrest the Earle of Arundel at his Castle in Reygate where hee then lay But the Earle of Arundel either upon advertisement or suspition of the Kings mind banded himselfe so strong that when the Earle of Northumberland came unto him hee dissembled his intent and left his purpose unperformed Thus were these proceedings of the King as now in Councell so afterwards in event not much unlike that which the Fable telleth of a certaine hunter who first sold the skinne of the beare and then went about to take her but when hee came within the forrest either by unskilfulnesse or misadventure hee not onely missed his pray but fell himselfe into danger of the beast The Duke of Glocester having secret intelligence of the Kings displeasure and of his drift sent the Bishop of London to perswade the King to entertaine a more favourable opinion of him making faith to the Bishop with a solemne oath that hee never intended any thing to the prejudice of the King either in person or state The Bishop not unskilfull to joyne profitable perswasion with honest declared to the King that his displeasure against the Lords was not grounded upon just desert but either upon false suggestions of their enemies or erroni●us mistaking of some of their actions how desirous they were of his grace and favour how faithfull and forward they promised to persist in all dutifull service how honourable this agreement would bee to the King how profitable to the Realme and how dangerous to both if these troubles might encrease The King seemed to give good ●are and credit to the Bishops speech but Michael Delapoole a turbulent man and against quiet counsell obstinately contentious standing then by the King soone stiffened his mind against all impression of friendship Hereupon contention did arise betweene the Bishop and the Earle and brake forth violently into heat of words The Earle applied to the Lords those objections wherewith great men are usually charged sparing no spight of speech and using all art to aggravate matters against them The Bishop replied that the Earle was thus fiercely bent not upon his owne necessity nor love to the King but onely to satisfie his bloudy and ambitious humour wherein hee was so immoderate that rather then the Lords should not bee destroyed hee would overwhelme them with the ruines of the State for tumults might indeed bee raised by men of little courage but must bee maintained with the hazard and ended with the losse of the most valiant that neither his Counsell in this matter was to bee followed being the principall firebrand of the disturbance nor his complants against any man to bee any thing regarded being himselfe a condemned person and one that held both his life and honour at the pleasure of the King At these words the King was exceedingly wroth and charged the Bishop with menacing and threats to avoid his presence When the Duke of Gloucester had knowledge hereof hee signified the danger to the Earles of Arundel Warwick and Derby advising them to take armes and unite themselves for their common defence for in so doubtfull and suspected peace open warre was the onely way of safety These three Earles were the chiefest strength to the side but the Duke bare the most stroke because hee was most bold and his greatnesse almost obscured the
names of the rest On the other side the King thinking separate dealing the onely way to weaken a confederacy endeavoured to prevent the Lords in joyning of their forces and to that end hee sent a strength of men with charge either to set upon the Earle of Arundel where hee did lie or to intercept him in his passage towards the Duke But the Earle had travelled all the night before their comming and so happily escaped to Haringey parke where hee found the Duke and the other Earles with a sufficient company as well to make attempt as to stand upon resistance When the King heard hereof hee was disturbed and distracted in mind being now in choise either to relent or to resist whereof hee much disdained the one and distrusted the other His followers also was divided in Counsell some fretting at the disgrace and some fainting at the danger The Archbishop of Yorke perswaded the King that occasion was now offered to shew himselfe a King indeed if hee would muster a Royall army and by maine might beate downe the boldnesse of this presumption N●hil dictu facilius said another This is more readily devised then done the army against us is mighty and the Commanders are great men both for courage and skill and greatly favoured of the Common people whereby that which is accompted so ready pay may chance to prove a desperate debt Therefore it were better with some yeelding to enter into conditions of quiet then by standing upon high points of honour to hazard the issue of a battaile wherein the King cannot winne without his weakning nor loose without danger of his undoing There was then in presence a certaine old Knight called Sir Hugh Linne a good souldier but a very mad-cap and one that lived chiefely upon the liberality of Noblemen by vaine jestes affecting the grace of a pleasant conceit of him the King demanded in mirth what hee thought best to bee done Sir Hugh swore swownes and snailes let us set upon them and kill every man and mothers child and so wee shall make riddance of the best friends you have in the Realme this giddy answer more weighed with the King then if it had beene spoken in grave and sober sort and thus it often happeneth that wisedome is the more sweetly swallowed when it is tempered with folly and earnest is the lesse offensive if it bee delivered in jest In the end the devise of raising armes was laid aside not as displeasing being so agreeable to former proceedings but as despairing to prevaile thereby and the Archbishop of Canterbury with the Bishop of Ely being Lord Chancellour were sent unto the Lords to understand the cause of their assembly answer was made that it was for the safety of themselves the honour of the King and the overthrow of them which sought the overthrow of both At the last it was concluded by mediation of the Bishops that the Lords should come before the King at Westminster upon promise of his protection and there have audience concerning their griefes the Bishop of Ely also making private saith that hee would discover any danger that hee could discrie a little before the time they should come the Bishop of Ely sent word of an await that was purposed to bee laid for them at a place called the Mewes neere London advising them either to make stay or to come prepared but rather to make stay least further provocation might make reconcilement more hard hereupon they came not at the time appointed and the King marvailing at their sailance enquired the cause of the Bishop of Ely who answered that the Lords found want of true meaning and that they neither did nor durst repose assurance to the Kings word which they saw to bee used as a meanes to entrap them the King made the matter very strange unto him affirming with an oath that hee was free from deceit both in consent and knowledge and in a great rage hee commanded the Sheriffes of London to goe to the place and slay all those whom they found there in wait Whether this was but a countenance of his or whether hee was not privy to the practice it is not assuredly knowne and indeed the matter was not false but the place mistaken for Sir Thomas Trivet and Sir Nicholas Brambre had assembled many armed men at Westminster with direction to assault the Lords at their best advantage but perceiving their deceit to bee discovered they dissolved the company and sent them secretly away to London Then the Lords upon new faith for their security came to the King at Westminster and yet in faith they brought security with them such troupes of men as in a place where they were so intirely favoured was able to defend them in any suddaine tumult or danger the King upon their comming entred into Westminster-Hall apparelled in his Royall robes and when hee was placed in his seat and had composed himselfe to Majesty and State the Bishop of Ely Lord Chancellour made a long Oration to the Lords in the Kings name Wherein hee declared the heinousnesse of their offence the greatnesse of their perill how easie a matter it had beene for the King to have levied a power sufficient to destroy them and yet for the generall spare of his Subjects bloud and in particular favour to the Duke and other Lords hee made choyce to encounter and overcome them rather by friendship then by force and therefore was willing not onely to pardon their riot but also to heare their griefes and in a peaceable and quiet manner to redresse them The Lords alleadged for causes of their taking armes first the necessity of their owne defence secondly the love both of the King and of the Realme whose fame and fortune did dayly decline by meanes of certaine Traytours who lived onely by the dishonours of the one and decayes of the other those whom th●y challenged for Traytours were Robert Veere Duke of Ireland Alexander Nevill Archbishop of Yorke Michael De-la-poole Earle of Suffolke Robert Trisilian Lord chiefe Iustice Sir Nicholas Brambre and certaine others somewhat secreter but nothing better and to justifie this appeale they threw downe their gloves and offered themselves to the triall by combat The King replied that oftentimes the causes of actions being good yet if the meanes want moderation and judgement the events prove pernitious and therefore though these complaints were true yet were these courses not tollerable which did beare an open face of rebellion and by licentiousnesse of the multitude might soone have sorted to such an end for it is more easie to raise the people then to rule them whose fury once stirred will commonly bee discharged some wayes But said hee since wee have broken this broile wee will not by combating give occasion of a new but at the next Parliament which hee appointed should beginne the third day of February then next ensuing as well you as they shall bee present and justice indifferently done unto all
with great vehemency often repeated but the Kings eares were stopped against all impression of manhood and as hee was unable to governe himselfe in his prosperous estate so was hee much lesse sufficient to wind out of these intricate troubles Therefore perceiving himselfe so straitly beset that hee could hardly either escape away or shift any longer hee desired speech with Thomas Arundel Archbishop of Canterbury and Lord Henry Pearcy Earle of Northumberland of whom the one hee had banished the other hee had proclaimed Traytour not long before These two came unto him and the King upon short conference understanding what stiffe stomacks they bare against him was content not to demand that which he saw hee could not obtaine and thereupon agreed that hee would relinquish his estate upon condition that an honourable living might be assigned him and life promised to eight such persons as hee would name the greatest number whom adversity did not alter This was then both readily and faithfully promised by the Archbishop and the Earle and afterward solemnely ratified by the Duke The King ceased not to entreat submisly and promise largely and as the nature is of men perplexed with feare above his ability and without measure the Earle encouraged him and declared that the Duke before he had obtained any aid secured by his oath the safety of the Kings person Then the King desired to talke with the Duke which was likewise promised and so the Archbishop and the Earle departed and the King removed to the Castle of Flint about eight miles distant from Chester to which place the Duke came to him Here the countenances and words of both were noted by them that were present the King seemed abject and base the Duke neither insulting nor relenting but comforting and promising friendly The King repeated many benefits and kindnesses that hee had shewed how in former time hee had spared the Dukes owne life and lately his Sonnes in regard whereof he desired him with such submisnes as was agreable rather with his necessity then his honour that hee would shew some pitty where hee had received such pleasure and permit him to enjoy his life with such private maintenance as was convenient for his estate The Duke put him in good comfort promising him assuredly that he would provide for his safety for which hee suffered himselfe to be solemnly thanked and thought it not much to have it accounted a great benefit Indeed from that time the King was kept safe and sure enough from binding any of the Dukes purposes neither could it so easily have beene discerned what had beene best for him to doe as that this which he did was the very worst for the same night he was brought by the Duke his army to Chester and from thence secretly conveyed to the Tower of London there to be kept safe untill the Parliament which was appointed shortly after to be holden Thus the King yeelded himselfe the 20. day of August being the 47. day after the Dukes arrivall so that his journeyes considered from Houldernesse in the North to London from thence to Bristow and so into Wales and back againe to Chester a man shall not easily travaile over the land in shorter time then he conquered it So friendly was fortune unto him that he either found or made a ready passage through all hinderances and lets and it seemed that hee needed onely to open his armes to meet and receive her as shee offered her selfe unto him All the Kings treasure and Iewels with his horses and all his fardage came to the Dukes hands and many that were in his company were afterwards also despoiled by the souldiers of Northumberland and Wales Some Writers affirme that the King did not yeeld himselfe but was forelaid and taken as he was secretly passing from Flint to Chester but the authority of others who lived in that time either in the plain view or certaine intelligence of these affaires who for their place could not but know for their profession would not but deliver the very truth hath drawne mee to follow their report which I find also received by some late Writers of as great deapth in judgement and choyce as any without exception that this age hath brought forth As the King was carried towards London certaine Citizens conspired to lay themselves in a wait by the way and sodainly to slay him partly for private grievances and partly for the cruelty that he had used towards the whole City but the Major upon intelligence prevented the practice rod forth in person with a convenient company to conduct him safely unto the Tower Shortly after the Duke came to London in solemne estate and sent forth summons in the Kings name for a Parliament to bee holden at Westminster the last day of September in the same yeare in the meane time he deliberated with his kindred kind friends concerning the order of his proceedings The Duke of Yorke who a little before had beene Governour of the Realme for the King then was the chiefest Directour of the Duke thought it best that King Richard should both voluntarily resigne and also solemnely be deposed by consent of all the States of the Realme for resignation onely would be imputed to feare and deprivation to force whereof the one is alwayes pitied the other envied but if both concurre and his desire be combined with his desert being willing to forsake that which he is adjudged worthy to forgoe then shall it appeare that he neither is expelled his Kingdome by meere constraint nor leaveth it without just cause This advice pleased the rest and for executing thereof upon the day of S. Michael which was the day before the Parliament should begin there assembled at the Tower Thomas Arundel Archbishop of Canterbury Richard Scroupe Archbishop of Yorke Iohn Bishop of Hereford Henry Duke of Lancaster Henry Earl of Northumberland Radulph Earle of Westmerland Lord Hugh Burnel Lord Thomas Barkly Lord Rose Lord Willoughby Lord Abergeiny The Abbot of Westminster the ●riour of Canterbury William Thirminges and Iohn Markeham Chiefe Iustices Thomas Stoke and Iohn Burback Doctours of Law Thomas Herpingham and Thomas Gray Knights William Forby and Dionis● Lopham publike Notaries and diver● others either not noted or not remembred When all were set in their places King Richard was brought forth apparelled in his Royall robe the diademe on his head the Scepter in his hand and was placed amongst them in a Chaire of estate Never was Prince so gorgeous with lesse glory and greater griefe to whom it was not disgrace sufficient to lose both the honour and ornaments of a King but hee must openly to his greater scorne renounce the one and deliver the other After a little pause and expectation the King arose from his seat and spake to the assembly these words or the very like in effect I assure my self that some at this present many hereafter will accompt my case lamentable either that I have