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A02855 The first part of the life and raigne of King Henrie the IIII. Extending to the end of the first yeare of his raigne. Written by I.H.; Historie of the life and raigne of Henry the Fourth Hayward, John, Sir, 1564?-1627. 1599 (1599) STC 12995; ESTC S103908 104,716 160

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haue fostered it as they did with Garlandes statues trophies and triumphes in which notwithstanding it is but temporary and short but in histories of worth it is onely perpetual This Cicero perceiuing he dealt with Luceius to commit his actions to the monuments of his writings and Plinie the yonger did wish that he might bee mentioned in the histories of Cornelius Tacitus because he did foresee that they should neuer decay But these are such as are not led away with a lust eyther to flatter or to deface whereby the creadite of historie is quite ouerthrowne Yet the endeuour to curry fauour is more easily disliked as bearing with it an open note of seruility and therefore Alexander when he heard Aristobulus read many things that he had written of him farre aboue truth as he was sayling the floud Hidaspis he threw the booke into the Riuer and sayd that hee was almost mooued to send Aristobulus after for his seruile dealing but enuious carping carieth a counterfeite shew of liberty and thereby findeth the better acceptance And since I am entred into this point it may seeme not impertinent to write of the stile of a history what beginning what continuance and what meane is to be vsed in all matter what thinges are to bee suppressed what lightly touched and what to be treated at large how creadit may be won and suspition avoyded what is to bee obserued in the order of times and discription of places and other such circumstances of weight what liberty a writer may vse in framing speeches and in declaring the causes counsailes and euentes of thinges done how farre he must bend himselfe to profit and when and how he may play vpon pleasure but this were too large a field to enter into therefore least I should run into the fault of the Mindians who made their gates wider then their towne I will here close vp onely wishing that all our English histories were drawne out of the drosse of rude and barbarous English that by pleasure in reading them the profit in knowing them myght more easily bee attayned THE FIRST PARTE OF THE LIFE AND RAIGNE OF KING Henry the fourth Extending to the end of the first yeere of his raigne THe noble and victorious Prince king Edward the third had his fortunate gift of a long prosperous raigne ouer this realme of England much strengthned and adorned by natures supply of seuen goodlye sonnes Edward his eldest sonne prince of Wales commonly called the Blacke Prince William of Hatfield Lyonel Duke of Clarence Iohn of Gaunt Duke of Lancaster Edmund of Langley Duke of Yorke Thomas of Woodstocke Duke of Gloucester and William of Windsore These sonnes during the life of their renowmed Father were such ornaments and such stayes to his estate as it seemed no greater could be annexed thereunto For neither armies nor strong holdes are so great defences to a prince as the multitude of children Fortes may decay and forces decrease and both decline and fall away eyther by varietie of fortune or inconstancie of mens desires but a mans owne bloud cleaueth close vnto him not so much in the blisses of prosperitie which are equally imparted to others as in the crosses of calamity which touch none so neere as those that are neerest by nature But in succeeding times they became in their ofspring the seminarie of diuision and discord to the vtter ruine of their families and great wast and weakning of the whole Realme for they that haue equall dignitie of birth and bloud can hardly stoope to termes of soueraigntie but vpon euery offer of occasion wil aspire to indure rather no equall then any superiour and for the most part the hatred of those that are neerest in kinde is most dispitefull deadly if it once breake forth The feare of this humor caused Remulus to embrewe the foundations of the Cittie and Empire of Rome with the bloud of his brother Remus According to which example the tyrants of Turkie those butchers of Sathan doe commonly at this day beginne their raigne with the death and slaughter of all their brethren Prince Edward the thunderbolt of warre in his time dyed during the life of his father And although he was cut off in the middle course and principall strength of his age yet in respect of honour and fame he liued with the longest hauing in all parts fulfilled the measure of true Nobili●e He left behinde him a young some called Richard who after the death of King Edward was Crowned King in his steade and afterward died childe-lesse William of Hatfield king Edwards second sonne dyed also without issue leauing no other memorie of his name but the mention onely Li●●●ll Duke of Clarence the third sonne of King Edward was a man of comely personage of speach and pace stately in other qualities of a middle temperature neither to bee admired nor contemned as rather voide of ill partes then furnished with good He had issue Philip his only daughter who was ioyned in marriage to Edmunde Mortimer Earle of March Who in the Parliament holden in the eight yeare of the Reigne of King Richard was in the right of his wife declared heire apparant to the Crowne in case the King should die without children but not many yeares after hee dyed leauing issue by the said Philip Roger Mortimer Earle of March This Roger was slaine in the rude and tumultuous warres of Ireland and had issue Edmund Anne and Elienor Edmund and Elienor dyed without issue Anne was married to Richard Earle of Cambridge sonne to Edmund of L●ngley Duke of Yorke the fift sonne of King Edward Of these two came Richard 〈◊〉 Duke of Yorke who by the right ●●uolued to him from his mother made open claime to the Crowne of England which was then possessed by the family of Lancaster first by law in the Parliament holden the thirtieth yeare of the Raigne of King Henrie the sixt where either by right or by fauour his cause had such furtherance that after King Henrie should die the Crowne was entayled to him and to the heires of his bloud for euer But the Duke impatient to linger in hope chose rather to endure any daunger then such delay Whereupon he entred into armes soone after against King Henrie in the fielde But being carried further by courage then by force hee coulde beare through hee was slaine at the battaile of Wakefield and left his title to Edward his eldest sonne who with inuincible persistance did prosecute the enterprise and after great varietie of fortune at the last atchieued it Iohn of Gaun● Duke of Lancaster the fourth Sonne of King Edward the third was a man of high and hardie spirite but his fortune was many times not answerable either to his force or to his forecast He had two sonnes Henrie Earle of Derby of whome I purpose chiefly to treate and Iohn Earle of Somerset This Iohn was Father to Iohn Duke of Somerset who had issue Margaret Countesse of Richmond mother
to the noble Prince Henrie the seuenth Henrie Plantagenet Earle of Derby was likwise by his mother Bla●ch extracted from the bloud of Kngs being discended from Edmund the second sonne of King Henrie the third by which line the D●chie of Lancaster did ●●cre●e vnto his house Hee was a man of meane stature well proportioned and formally compact of good strength and agilitie of body skilfull in armes and of a ready dispatch ioyntly shewing himselfe both earnest and aduised in all his actions Hee was quicke and present in conceite forward in attempt couragious in execution and most times fortunate in euent There was no great place of imployment and charge which hee would not rather affect for glorie then refuse either for peril or for paines and in seruice hee often prooued himselfe not onely a skilfull commaunder by giuing directions but also a good Souldier in vsing his weapon aduenturing further in person sometimes then policie would permit his expences were liberall and honourable yet not exceeding the measure of his receiptes he was verie courteous and familiar respectiuely towards all men whereby hee procured great reputation and regarde especially with those of the meaner sort for high humilities take such deepe roote in the mindes of the multitude that they are more strongly drawne by vnprofitable curtesies then by 〈◊〉 benefits In all the changes of his estate he was almost one and the same man in aduersitie neuer daunted in prosperitie neuer secure reteining still his maiestie in the one and his mildnes in the other neither did the continuance of his Raigne bring him to a proude port and stately esteeming of himselfe but in his latter yeares he remained so gentle faire in cariage that therby chiefely hee did weare out the hatred that was borne him for the death of King Richard He could not lightly be drawne into any cause was stiffe constant in a good Yet more easie to be either corrupted or abused by flattering speeches then to be terrified by threats To some men he seemed too greedie of glorie making small difference of the meanes whereby he attained it and indeede this humour in noble minds is most hardly ouer-ruled and oftentimes it draweth euen the 〈…〉 But before I proceede any further in describing either the qualities or actes of this Earle I must write something of the Raigne of King Richard the second his cosin germaine so farre forth as the follies of the one were either ca●fer or furtherances of the fortunes of the other Richard sonne to Edward Prince of Wales a little before deceased was after the death of King Edward the thirde Crowned King ouer this Realme of England in the eleuenth yeare of his age at which yeares the minde of man is like to the po●●teis earth apt to bee wrought into any fashion and which way so euer it hardneth by custome it will sooner breake then bend from the same Now the gouernaunce of the King at the first was comitted to certaine Bishops Earles 〈◊〉 and Iustices But either vppon 〈…〉 the King or negligence to discharge their dutie 〈…〉 was more ready with pleasant 〈◊〉 to delight 〈◊〉 then with profitable counsaile to doe him good for smooth and pleasing speaches neede small endeauour and alwaies findeth fauour whereas to aduise that which is meete is a point of some paines and many times● thanklesse office Herr● vpon two daungerous euils did 〈…〉 In and priuate respects did passe vnder publike 〈◊〉 In the thirde yeare of his Raigne it was thought meete that this charge should be committed to one man to auoide thereby the vnnecessarie wast of the treasure of the Realme by allowing yearely stipend vnto many So by the whole consent of the nobilitie and commons assembled together in Parliament this office was deputed to Lord Thomas Beauchampe Earle of Warwicke and a competent pension was assigned him out of the Kings Eschequer for his paines But the King being now plunged in pleasure did i●●●deratly bend himselfe to the fauouring and aduansing of certaine persons which were both reproueable in life and generally abhorred in all the Realme and this was the cause of two great inconueniences for many yong noble-men and braue Courtiers hauing a nimble eye to the 〈…〉 and dislikes of the King gave ouer themselues to a dissolute and dishonestlise which findeth some followers when it findeth deth no furtherancers much more when it doth flourish and thriue the King also by fauouring these was himselfe little fauoured and loued of many for it is oftentimes a daungerous to a Prince to haue euil and odious adherents as to bee euill and odious himselfe The names of these men were Alexander Ne●ill Archbishop of Yorke Robert Ve●●● Earle of Oxford Michael 〈◊〉 afterwards Earle of Suffolke Robert Tri●iliane Lord chiefe Iustice Nicholas Brambre Alderman of London and certaine others of no eminencie either by birth or desert but obsequious and pliable to the Kings youthfull humour These were highly in credit with the King these were alwaies next vnto him both in companie and counsell by these he ordered his priuate actions by these he managed his affaires of state he spared neither the dignitie nor death of any man whose auctho●●ie and life withstoode their preferment In so much as in the fifth yeare of his Raigne he remooued Sir Richard Seroop● from being Lord Chauncellor of England to which office he was by aucthoritie of Parliament appointed because hee refused to set the great Seale to the graunt of certaine lands which had wantonly passed from the King alleaging for his denial the great debts of the King and small demerites of the parties vpon whome the King might cast away and confirme but spend in good order he could not aduertising him also to haue respect that ryote did not deceiue him vnder the tearme and shewe of liberalitie and that gifts well ordered procure not so much loue as placed without descretion they stirre 〈◊〉 This Chancellor was a man of notable integrit● and diligence in his office not scornfully turning away from the ragged coat of a poore suppliant or pale face of a fickely feeble 〈…〉 holding vp their simple soiled billes of complaint not yet smothering 〈…〉 with partiall 〈◊〉 of 〈◊〉 mighty but being alike to all he was 〈◊〉 disliked of 〈…〉 In the eight yeere of this 〈◊〉 the destruction of the duke of Lancaster was extended likewise vpon the like dislike the plot was layed by Iustice 〈◊〉 offences were deuised appello●s appointed and pe●res named ●e should haue bene put vnder 〈◊〉 and foorthwith ●●●●igned condemned and executed But the duke vpon 〈◊〉 intelligence of these continuances fled to his castle at Pomfret and there made preparation for his defence against the king So this matter began to grow to a head of diuision which the common people at that time very busily desired and sought but the kings mother trauelling 〈◊〉 betweene the king and the duke notwithstanding shee was both 〈…〉 〈◊〉 them both to are con●●lement
Henry the third but they were not able yet were they able to depose King Edward the second and to constitute his young sonne Edward King in his steade these are not all and yet enough to cleare this action of rarenesse in other countries noueltie in our The difficulty indeede is somewhat because the excellencie is great but they that are affraide of euery bush shall neuer take the bird your selfe had once some triall hereof when without battaile without bloud or blowes you had the King at such a lift as he held his Crowne at your courtesie euen at that time when his grieuances were neither for greatnes nor continuance so intollerable as now they are growne and by reason of his tender yeres not out of al compasse both of excuse for the fault and of hope for an amendement And as concerning the lawfulnesse Nay said the Duke where necessity doth enforce it is superfluous to vse speach either of easinesse or of lawfulnesse necessitie will beate thorow brasen Walles and can be limited by no lawes I haue felt verie deeply my part in these calamities and I would you knew with what griefe I haue beheld your for what other reward haue I receiued of all my trauailes and seruices but the death of my vncle and dearest friends my owne banishment the imprisonmeut of my children and losse of my inheritance and what haue beene returned to you for your bloud so often shed in his vnfortunate warres but continuall tributes scourges gallowes and slauerie I haue made sufficient proofe both of pacience in my owne miseries and of pittie in your remedy them hither to I could not If now I can I will not refuse to sustain that part which yonr importunitie doth impose vpon me if we preuaile we shall recouer againe our libertie if wee loose our state shall be no worse thē now it is and since we must needs perish either deseruingly or without cause it is more honorable to put our selues vpon ●he aduenture eyther to winne our liues or to dye for deserte and although our liues were safe which in deede are not yet to abandon the state ane sleepe still in this slauerie were a poynt of negligence and sloath It remaineth then that we vse both secrecie and celeritie laying hold vpon the oportunitie which the Kings absence hath now presented vnto vs for in al enterprises which neuer are commended before they bee atchieued delayes are daungerous and more safe it is to be founde in action then in counsaile for they that deliberate onely to rebell haue rebelled already So the messengers departed into England to declare the Dukes acceptance and to make preparation against his arriuall both of armour and of subiection and desire to obey Presently after their departure the Duke signified to Charles king of Fraunce that he had a desire to goe into Brittaine ●o visite Iohn Duke of Brittaine his friend and kinsman The King suspecting no further fetch sent letters of commendation in his fauour to the Duke of Brittaine but if he had surmised any dangerous drift against King Richard who not long before had taken his daughter to wife in stead of letters of safe-conducte he would haue founde lettes to haue kept him safe from disturbing his sonne in lawes estate Assoone as the Duke was come into Brittaine he waged certaine souldiours and presently departed to Calice and so committed to sea for England giuing forth that the onely cause of his voyage was to recouer the Duchie of Lanchaster and the rest of his lawfull inheritance which the King wrongfully deteyned from him In his companie was Thomas Arundell the Archbishop of Canterburie and Thomas the sonne heire of Richard late earle of Arundell who was very yong and had a little before escaped out of prison and fled into France to the Duke The residue of his attendants were very few not exceeding the number of fifteen lances so that it is hard to esteeme whether it was greater maruaile either that he durst attempt or that he did preuaile with so smal a company but his chiefest cōfidence was in the fauour assistance of the people within the realme So he did beare with England yet not in a streight course but floated along the shoare making head sometimes to one coast and sometimes to another to discouer what forces were in a readines either to resist or to receiue him As he was in this sort houering on the seas L. Edmund duke of Yorke the kings vncle to whom the king had committed the custody of the Realme during the time of his absence called vnto him Edmūd Stafford bishop of Chichester L. Ghancellour W. Scroupe earle of Wiltshire L. Treasurour of the Realme also Sir Iohn Bushie Sir Henry Greene Sir William Bagot Sir Iohn Russell and certain others of the kings Priuy councell and entred into deliberation what was best to be done At the last it was concluded deceitfully by some vnskilfully by others and by all perniciously for the king to leaue the sea coasts and to leaue London the very walles castle of the Realme and to goe to S. Albons there to gather strength sufficient to encounter with the duke It is most certaine that the dukes side was not any wayes more furthered then by this dissembling and deceiuable dealing for open hostility and armes may openly and by armes be resisted but priuy practises as they are hardly espied so are they seldome auoided And thus by this meanes the duke landed about the feast of Saiud Martin without let or resistance at Rauenspur in Houldernesse as most writers affirme Presently after his ariual there resorted to him Lord Henrie Pearcie Earle of Northumberland and Lord Henry his son Earle of Westmerland Lorde Radulph Neuill Lorde Rose Lord Willoughby many other personages of honor whose company encreased reputation to the cause and was a great couutenance and strength to the Dukes further purposes And first they tooke of him an oath that hee should neither procure nor permit any bodily harme to be done vnto King Richard whereupon they bound themselues vpon their honours to prosecute all extremities against his mischieuous counsailers And this was one step further then that which the Duke pretended at the first when hee tooke shipping at Callice which was only the recouery of his inheritance but that was as yet not determined nor treated and of some perhaps not thought vpon which afterwardes it did ensue and so was that place easily insinuated into by degrees which with maine and direct violence would hardlier haue bin obtained Then the common people desperate vpon newe desires and without head head-long to matters of innouation flocked very fast to these noble men the better sort for loue to the common-wealth some vpon a wanton lenetie and vaine desire of change others in regard of their own● distressed and decayed estate who setting their chiefe hopes and deuises vppon a generall disturbance were then most safe when the common state was
Hee was annoynted with an oyle which a certaine religious man gaue vnto Henry the first Duke of Lancaster Grandfather to the King by the mothers side when he serued in the warres of King Edward the third beyond the seas together with this Prophesie that the Kinges which should be annoynted therewith should bee the champions of the Church Duke Henry deliuered this oyle in a golden violl to Prince Edward the eldest sonne of King Edward the third who locked vp the same in a barred chest within the Tower with intent to be annoynted therewith when he should bee crowned King but the Prince dying before his Father it remained there eyther not remembred or not regarded vntill this present yeere wherein the King being vpon his voyage into Ireland and making diligent search for the iewels and monumentes of his progenitours found this Violl and Prophesie and vnderstanding the secret was desirous to be anoynted againe with that oyle but the Archbishop of Canterbury perswaded him that both the fact was vnlawfull and the precedent vnseene that a King should bee anoynted twice whereupon he brake of that purpose and tooke the Violl with him into Ireland and when hee yeelded himselfe at Flint the Archbishoppe of Canterburye demaunded it of him agayne and dyd receaue and reserue the same vntill the coronation of King Henrie who was the first King of this realme that was anoynted therewith I am not purposed to discourse eyther of the authoritye or of the certaintye of these prophesies but wee may easily obserue that the greatest part of them eyther altogether fayled or were fulfilled in another sence then as they were commonly construed and taken During the raigne of King Henrie the fourth execution by fire was first put in practise within this Realme for controuersies in poyntes of religion in any other extraordinarye mattter hee did as much make the Church champion as shew himselfe a champion of the Church but afterwardes his successours were entytuled Defenders of the fayth and howe in action they veryfied the same I referre to remembraunce and reporte of later times Now it had beene considered that the tytle which was deriued to King Henrie from Edmund whome they surnamed Crouchbacke would bee taken but for a blynde and idle iest for that it was notorious that the sayd Edmund was neyther eldest sonne to King Henry the thyrd as it was plainely declared by an acte of Parlament nor yet a misshapen and deformed person but a goodly Gentleman and valiant commaunder in the field and so fauoured of the King his Father that hee gaue him both the heritages and honours of S●●one Mountfort Earle of Leicester of Ferrare Earle of Darby and of Iohn Barron of Monmuthe who to theyr owne ruine and destruction had desplaied seditious ensignes against the King And further to aduaunce him to the marriage of Blanch Queene of Nauerne he created him the first Earle of Lancaster and gaue vnto him the county Castle and towne of Lancaster with the Forrestes of Wiresdale Lounsdale Newcastle beneath Linne the Manner Castle and Forrest of Pickering the Manner of Scaleby the towne of Gomecester of Huntendone c. with many large priuiledges and high titles of homour Therefore King Henry vpon the day of his Coronation caused to be proclaimed that he claymed the Kingdome of England first by right of conquest Secondly because King Richard had resigned his estate and designed him for his successour Lastly because he was of the bloud royall and next heyre male vnto King Richard Haeres malus indeed quoth Edmund Mortimer Earle of March vnto his secret friends and so is the Pirate to the Marchant when hee despoyleth him of all that hee hath This Edmund was sonne to Roger Mortimer who was not long before slaine in Ireland and had been openly declared heyre apparent to the Crowne in case King Richard should dye without issue as descended by his Mother Philip from Lionell Duke of Clarence who was elder brother to Iohn Duke of Lancaster King Henries Father and therfore the sayd Edmund thought himselfe and indeed was neerer heyre male to the succession of the Crowne then he that by colour of right clayming it carried it by dynt of force But such was the condition of the tyme that hee supposed it was vaine for him to stirre where King Richard could not stand Whereupon he dessembled eyther that he saw his wrong or that hee regarde it and chose rather to suppresse his title for a time then by vntimely opposing himselfe to haue it oppressed and depressed for euer to this ende hee withdrewe himselfe farre from London to his Lordshippe of Wigmore in the West partes of the realme and there setled himselfe to a priuate and close life Idlenes and vacancy from publike affaires he accompted a vertue and a deepe point of wisedome to meddle with nothing whereof no man was chargeable to yeelde a reckoning In reuenues he was meane in apparell moderate in company and traine not excessiue yet in all these honourable and according to his degree so that they which esteemed men by outward appearance only could see in him no great shew eyther of wit and courage in his minde to be feared or of wealth and honour in his estate to be enuyed And thus whilest a greater enemy was feared he passed vnregarded making himselfe safe by contempt where nothing was so daungerous as a good opinion and raking vp those coales in obscuritie for a time which shortly after set all the realme on fire King Henrie presently after his coronation created his eldest sonne Lord Henrie being then about xiii yeares of age Prince of Wales Duke of Cornewall and Earle of Chester and soone after he created him also Duke of Aquitaine Afterwards it was enacted by consent of all the states of the realme assembled together in the Parlament that the inheritance of the Crownes and Realmes of England and of Fraunce aud of all the dominions to them apperteyning should be vnited and remaine in the person of King Henrie and in the heires of his body lawfully begotten and that Prince Henrie his eldest sonne should be his heyre apparant and successour in the premisses and if he should dye without lawfull issue then they were entayled to his other sonnes successiuely in order and to the heyres of their bodyes lawfully begotten The inheritance of the Kingdome being in this sorte settled in King Henrie and in his line it was mooued in the Parlament what should be doone with King Richard The Bishop of Caerliel who was a man learned and wise and one that alwayes vsed both libertie and constancie in a good cause in his secret iudgement did neuer giue allowance to these proceedings yet dissembled his dislike vntill he might to some purpose declare it therefore now being in place to be heard of all and by order of the house to be interrupred by none he rose vp and with a bould and present spirit vttered his minde as followeth This question right Honourable
by the commaundement or con●iuence of King Edward the fourth And hee also escaped not free for hee dyed not without many 〈…〉 suspicions of poison● and after his death his two sonnes were disinherited imprisoned and butchered by their cruell Vnckle the Duke of Gloucester who beeing a tyrant and vsurper was lawfully slaine in the field and so in his person hauing no issue the tragedie did end Which are most rare and excellent examples both of comfort to them that are oppressed and of terrour to violent dealers that God in his secret iudgement dooth not alwayes so certainely prouide for our safetie as reuenge our iniuries and harmes and that all our vniust actions haue a daye of payment and many times by waye of retaliation euen in the same manner and measure wherein they were committed And thus was King Richard brought to his death by violence and force as all wrighters agree although all agree not vppon the manner of the violence Hee was a man of personage rather well proportioned then tall of great beautie and grace and comlinesse in presence hee was of a good strength and no abiect spirit but the one by ease the other by flatterie were much abased He deserued many friends but found fewe because hee sought them more by liberalitye then vertuous dealing He 〈◊〉 merueilous 〈◊〉 in all his actions which may verye well bee 〈◊〉 to his negligence and sloath for hee that is not prouident can seldome prosper but by his loosenesse will loose whatsoeuer fortune or other mens 〈…〉 hee was driuen is such distresse that 〈…〉 it as a benefite to bee disburdened of his royall dignitie for which other men will not sticke to put theyr goods and liues and soules in hazarde Hee liued three and thirtie yeares and reigned two and twentie His dead body was embaulmed and 〈…〉 couered with Lead all saue his face and carryed 〈…〉 and in all the chiefe places by the waye his face was 〈…〉 that by viewe thereof no doubt should bee made concerning his death At London hee had a solemne obsequie kept in the Cathedrall Church of Saint Paul● the King beeing present and all the chiefe 〈…〉 Then hee was conueyed to Langley Abbey in Bucking ham shire about 〈…〉 myle from London and there obscurely 〈◊〉 by the Bishop of Chester the Abbot of S. Albones and the Abbot of Waltham without presence of noble men without co●●●uence of the common people and without the charge of a dinner for celebrating the 〈…〉 but afterward on the commaundement of King Henry the fifth his body was taken vp and remooued to Westminster and honourably entombed amongst his auncesters with Queene Anne his wife in expiation as it is like of his Fathers violent and vnfaithfull dealing So hee whose life was alwaies tumultuous and vnquiet could not readily finde rest for his bones euen after death It was not amisse in regard of the common wealth that he was dead yet they who caused his death had small reason to reckon it among theyr good deedes And thus doe these and the like accidents dayly happen to such Princes as will be absolute in power resolute in will and dissolute in life This yeere Hunfrey the sonne and heyre of the Duke of Gloucester dyed of the plague as he returned out of Ireland where King Richard had 〈◊〉 him prisoner and shortly after the Duchesse his mother with violence of griefe ended her daye● this yeere also dyed Thomas Mo●bray the exiled duke of Norfolke whose death would much haue been lamented if he had not furthered so many lamentable deaths but he ouerliued his honour saw himselfe accounted a person infamed and of no estimation Likewise about this 〈…〉 Duke of Brittaine deceased who had taken to wife Mary daughter to King Edward the third and by her had no issue but by Ioan his second wife he left behinde him three sons Iohn Richard Arthur this Ioan was afterwards maried to K. Henrie as hereafter shall appeare Also this yeere Edmund Duke of Yorke departed this life his honour not stayrred his fame not touched he was a man very circumspect and wary in his cariage not carelesse of a good fame nor greedy after a great of other mens wealth not desirous liberall of his owne and of the common sparing he did not by obstinate opposing himselfe against the current of the time rashly hasten eyther his fame or his fall but by moderation attayned safely that degree of praise and honour which others aspiring vnto by desperate courses wanne with ambitious death without any other profit at all He left behinde him two noble sonnes expresse resemblencers of his integritie Edward who succeeded in his dignitie and before was called Duke of Aumerle and Richard Earle of Cambridge Edward in the change of the state neither constantlye kept his fidelitie nor stoutlie maintained his treason Richard tooke to wife the daughter and heyre of Roger Mortimer whose mother Phillip was sole daughter and heyre to Lionell Duke of Clarence the third sonne of King Edward the thyrd by which title and discent his posteritie claimed the Crowne and kingdome of this realme from the successours of King Henrie as heereafter more at large shall be declared Charles King of Fraunce lost no time all this while in making preparation to inuade England and to that end had now raysed an armie royall which was brought downe into Picardie and in a readinesse to haue beene transported But it is verye like that this hast for the deliuerance of King Richard did the more hasten his death vppon newes whereof the Frenchmen perceiuing their purpose for his restitution to be to no purpose gaue ouer the enterprise some being grieued that the occasion was lost of making spoile of so plentifull a countrie others being well content to be discharged of that hope together with the hazard whervpon it depended Shortlie after the French King sent a solemne Embassage into England to treate or rather intreate that Lady Isabell his daughter who had bin espoused to King Richard might with her dowrie bee restored to him againe King Henrie most honourablie receiued these Embassadours and gaue in answere that he would speedelie send his Commissioners to Calice which should fullye commune and conclude with them both of this and other weightie affayres concerning both the realmes Not long after he sent Edward Duke of Yorke and Henrie Earle of Northumberland to Calice Also the French King sent the Duke of Burbone and certaine others to Bulleine These Commissioners did often meete sometimes at one place and sometimes at another the Frenchmen especially required that Lady Isabell should be restored shewing that King Charles her Father had giuen in charge that this before all matters and without this nothing should be concluded On the other side the Englishmen desired that she might be married to Henry Prince of Wales King Henries eldest Sonne a man answerable to her in equall degree both of bloud and of yeeres but the French King denyed that
the king with regard of the dangerous and discontend times the duke with respect of his duty and faith and so partly by her entreaty and aduise partly by their inclination bending to the 〈◊〉 course all apparancy of displeasure on the one part and a 〈◊〉 on the other was for that time layed aside The same yere Michael D●lapoole was made Clancellour of England and created earle of Suffolke and Robert Veer● earle of Oxford was created Marquesse of Dubline being the first man within this realme that was e●obled with that 〈◊〉 But 〈◊〉 they grew in honour sordid they 〈◊〉 hate for many noble men did infinitely stomacke their vndeserued aduancements and with these the fauour of the people generally went but the kings intemperate affection was peremptory 〈…〉 not regarding 〈…〉 could not resist it The yeere next following Robert Veere the new Marques was created duke of Ireland This yere the Knights and burgesses of 〈◊〉 put vp many complaints against the Earle of suffolke vpon which they 〈…〉 his 〈…〉 triall namely 〈◊〉 he 〈…〉 the 〈◊〉 in taking of him to farme all the profits 〈…〉 crowne thow wantonly he wasted the treasure of the land in 〈◊〉 liberalitie and vnnecessary charges how deepe he had diued into the kings debt how carelesse and 〈…〉 in his office how greatly he had 〈◊〉 deceived and 〈◊〉 the king in 〈◊〉 dealing and 〈◊〉 particularly 〈◊〉 with diuers other 〈…〉 dishonor and dishonesty both in priuate actions and in office This 〈◊〉 was a merchants sonne in London and growing mighty on the sudden he could not gouerne himselfe in the change but 〈◊〉 lay 〈…〉 of his minde which were suppressed and 〈…〉 rulle●●ng 〈◊〉 with 〈…〉 he made 〈◊〉 of his 〈…〉 Yet the king was willing either secretly to dissemble or openly to 〈◊〉 these 〈◊〉 and so passed them ouer with a short audience as his maner was in matters of 〈◊〉 weight 〈…〉 with the complaint Afterwards a 〈…〉 but answere was made that this needed not since the kings wants might be furnished with the debts which were owing him from his Chancellour neither was it to any purpose so long as the 〈…〉 ordered by such 〈◊〉 as before it had beene 〈…〉 was like 〈…〉 the matter against the 〈…〉 and the king perswaded 〈…〉 honourable not safe to beare him out that to priuate men it was sufficient if themselues abstaine from wrong but a prince must prouide that none do wrong vnder him for by mainteining or wincking at the vices of his officers he maketh them his owne and shal surely be charged therewith when first occasion doth serue against him At the last vpon instant importunity of both houses the king did consent that a commission should goe forth to certaine noble men giuing them authority to heare and determine all matters which were obiected against the L. Chancellour and then was a Subsidie graunted with excepti●n that the money should be expended by the Lords to the benefit and behalfe of the realme The king did further demaund that the heires of Charles Bl●ys who made claime to the duchy of Britaine should be sold to the French men for thirty thousand marks and the money granted to the duke of Ireland for recouery of those possessions which the king had giuen him in Ireland this was likewise assented vnto vpon condition that before Easter then next ensuing the duke should depart into Ireland and there remaine at so high a price did they value the riddance of him out of the realme The charge of the Subsidie money was committed to Richard earle of Arundell Commissioners for the earle of Suffolke were appointed Thomas duke of Glocester the kings vncle and the sayd earle of Arundell but during the time of their proceeding the king kept all off in places farre distant either to manifest thereby the dissent of his minde or to auoid the griefe which his neerenesse would increase And now was the Chancellour left vnto himselfe to answere to those demeanures wherein he made the kings blinde fauour his priuiledge and protection supposing neuer to see the same either altered or ouer-ruled In the end being conuict of many crimes and abuses he was deposed from his office his goods were confiscated to the kings Exchequer himselfe was adiudged woorthy of death Yet was execution submitted to the kings pleasure and vnder sureties he was permitted to goe at large At the same time Iohn F●●rd● Bishop of Duresme another of the Kings dainties was remoued also from being Lord Treasorer of England he was a man of little depth either in learning or wisedome but one that had the Arte of seeming in making the best shewe of whatsoeuer he spake or did and rising from meane estate to so high a pitch of honour hee exercised the more excessiuely his ryote auarice and ambition not able to moderate the lustes and desires which former want had kindled When this businesse was blowne ouer the King ●●turned againe to London and did presently receiue the Earle of Suffolke with the Duke of Ireland and the Archbishop of Yorke to greater grace and familiaritie then at any time before These Triumuirs did not cease to stirre vp the Kings stomake against those Noble men whose speciall excellencie had made matter of fame and regarde partly for the disgraces which they had receiued partly vpon malicious emulation to see the other so fauoured and themselues so odious and that their priuate choller and ambition might beare some shewe of publike respect they suggested vnto the King that he was but halfe yea not halfe a King in his owne Realme but rather the shadow and picture of a King for if we respect sayd they matters of state you beare the sword but they sway it you haue the shewe but they the authority of a Prince vsing your name as a colour and countenance to their proceedings and your person as a cypher to make them great and be your selfe nothing Looke to the dutie of your subiectes and it is at their deuotion so that you can neither commaunde nor demaunde any thing but with such exceptions and limitations as they please to impose come now to your priuate actions your liberalitie the greatest vertue in a prince is restrained your expences measured and your affections confined to frowne and fauour as they doe prescribe What Ward is so much vnder gouernment of his Gardian Wherein will they next or can they more abridge you Except they should take from you the place as they haue done the power of a Prince and in this we thinke they may iusty be feared hauing so great might ioyned with so great aspiring mindes For power is neuer safe when it doth exceede ambition is like the Crocodile which groweth so long as he liueth or like the Iuie which fastning on the foote of the tallest Tower by small yet continuall rising at length will climbe aboue the toppe it is already growne from a sparke to a flame from a twigge to a tree and high
too weake for warre did many times preuaile by peace that now they had got into their handes many Townes and Holdes appertaining to the crowne of England they were willing to conclude a peace to exclude the King thereby from his possessions but whensoeuer occasion shoulde change for their aduantage they would be then as ready to start from the friendshippe as at that present they were to strike it that the French Kings daughter being but a child was very vnmeet for the marriage of King Richard as well for disparitie of age as for that the King had no issue by his first wife and was not like to haue any by this except perhappes in his olde and withered yeeres When the Duke saw that with these motiues he did nothing preuaile he suborned the Londoners to make petition to the King that se●●g there was peace with France he would release them of the Subsidie which they had graunted to him in regard of those war●es This suite was instantly followed and much perplexed the King vntill the Duke of Lancaster declare to the people that the King had beene at the charge and dispense of three hundred thousand poundes in his voyage into France for the procuring of this peace whereupon they were pacified and desisted from their demaund The yeere following Guido Earle of S. Pauls was sent into England by Charles King of Fraunce to visit and salute in his name King Richard and Queene Isabell his wife the French Kings daughter To this Earle the King did relate with what feruencie the Duke of Gloucester contended to make disturbance of the peace betweene England and France how because his minde was not therein followed hee mooued the people to seditious attempts bending himselfe wholly to maintaine discord and disqui●t rather in his owne countrey then not at all He further reported what stiffe strifes in formert●●es the Duke had stirred which howsoeuer they were done yet as they were declared they sounded very odious and hard When the Earle heard this he presently answered that the Duke was too daungerous a subiect to be permitted to liue that greatnesse was neuer safe if it grow excess●ue and bolde that the King must not affect the vaine commendation of clemency with his owne perill and that it touched him both in honour to reuenge the disgraces which he had receiued and in policy to preuent the daungers which he had cause to feare These words of sharpened the Kings displeasure that from thencefoorth he busied his braines in no one thing more then how to bring the Duke to his end Now he began to pry more narrowly into his demeanour to watch his words to obserue actions adn alwayes to interpret them to the woorst framing himselfe to many vaine and weedlesse feare● Often times he would complaine of him to the Duke of La●ster and the Duke of Yorke how fierce and violent he was in his speeches and crosse to him in all matters The Dukes would make answere that the Duke of Gloucester their brother was in deed more hoat and vehement then they did commend yet his fiercenesse was ioyned with faithfulnesse and his crosnesse proceeded from a care least the Common-wealth should decrease either in honour or in possessions and therefore the King had neither need to feare nor cause to disslike About that time the Dukes of Lancaster and of Yorke withdrewe themselues from the court to their priuate houses the duke of Gloucester also went to ly at Plashey neere Chelmessorde in Essex vpon aduantage of which seperation the King stoode distracted in minde betweene feare to differ and shame to auow the destruction of the Duke least he might happily bee disapointed by the one or dishonoured by the other Hereupon he entred into counsaile with Iohn Holland Earle of Huntington his halfe brother and Thomas Mowbray Earle of Notingham howe the Duke of Gloucester might be suppressed or oppressed rather the cruclty which was but wauering in the King yea wanting by nature was soone confirmed by euill aduise and being once inclined to bloud he did not faile either of example of●ewd action to followe or direction of cruell counsaile what to doe so the plotte was contriued and according thereto the King and the Earle of No●tingham rod● together into Essex as though it were to disporte themselues in hunting when they were in the middest of the Forrest the Earle made stay and the King passed forth with a smal and vnsuspicious company to the Duke lying at Plashey there he stayed dinner and then pretending occasion of present returne he desired the Duke to accompany him to London the faire entreatie of a Prince is a most forceable commaunde therefore the Duke supposing that onely to bee intended in deede which was pretended in shewe 〈◊〉 to horse-backe with the King taking such small attendance as vpon the sudden could be in a readinesse and appointing the rest to come after him to London So they rode together vsing much familiar talke by the way vntill they came neere the place of await then the King put his horse forwarde and the Duke comming behinde was suddenly intercepted and stayed crying aloud and calling to the King for his helpe the King continued his iourney as though he had not heard and the Duke was violently carried to the Thames and there shipped in a vessell layed for the purpose and from thence conueyed ouer to Calice When the King came to London he caused the Earle of Warwicke also to be arrested and sent to prison the same day that hee had inuited him to dinner and shewed good countenance and promised to be gracious Lord vnto him Vpon the like dissembled shewe the Earle of Arundell and his sonne and certaine others were arrested also and committed to prison in the Ile of Wight The common people vpon the apprehending of these three noble men whome they chiefely and almost onely fauoured were in a great confusion and tumult and there wanted but a head to drawe them to sedition euery man sorrowed murmured and threatned and daring no further stood waiting for one to leade them the way all being readie to followe that which any one was loath to beginne The Duke of Lancaster and of Yorke gathered a strong armie and came therewith to London where they were readily receiued by the citizens although the King had commaunded the contrarie but this seemed to be done rather for garde to themselues then regarde to any others The king all this time kept at a village called Helhame within foure miles of London hauing aboute him a great power of armed men which he had gathered out of Cheshire and Wales and to paci●●● the common people hee caused to be proclaimed that the Lordes were not apprehended vpon olde displeasures but for offences lately committed for which they should be appealed by order of law and receiue open triall in the Parliament next following the like message was sent to the Duke of Lancaster and the Duke of Yorke lying
King Richard entred the field with great pomp both in brauery and traine he had in his company the Earle of S. Paule who came purposely out of Fraunce to see this combat tried he was attended with all the noble Peeres of the Realme and guarded with tenne thousand men in armes for feare of any sudden or intended tumult When hee was placed on his stage which was verie curiously and richly set forth a King at armes made proclamation in the name of the King and of the high Constable and of the Marshall that no man except such as were appointed to order and Marshall the fielde shoulde touch any parte of the listes vpon paine of death This proclamation beeing e●ded another herrald cryed Behold her Henry of Lancaster Duke of Hereford appellant who is entred into the listes royall to doe this deuoire against Thomas Mowbray Duke of Norfolke defendant vpon paine to be accompted false and recreant The Duke of Norfolke was houering on horsebacke at the entry of the listes his horse being barbed with crimson veluet embroadered ●itchly with lions of siluer and mulberie trees and when he had made his oath before the Constable and Marshall that his quarrell was iust and true he entred the fielde boldly crying aloud God aide him that hath the right then hee lighted from his horse and satte downe in a chaire of Crimson veluet curtained aboute with red and white damaske and placed at the other ende of the listes The Lord Marshall viewed both their speares to see that they were of equall length the one speare he caried himselfe to the Duke of Hereford and sent the other to the Duke of Norfolke by a Knight This done a Herrald proclaimed that the trauerses and chaires of the combatants should be remoued commaunding them in the Kings name to mount on horsebacke and adresse themselues to the encounter the Dukes were quickly horsed and closed their beauiers and cast their speares into the restes Then the trumpetes sounded and the Duke of Hereforde set forth towards his enimy about fixe or seauen paces but before the Duke of Norfolke began to put forewarde the King cast downe his warder and the Herralds cried ho then the King caused the Dukes speares to be taken from them and commaunded them to forsake their horses and returne againe to their chaires where they remained aboue two long houres whilst the King deliberated with his counsaile what was fittest to be done At last the Herralds cryed silence and Sir Iohn Borcy a secretary of state with a loude voice read the sentence and determination of the King and his counsaile out of a long roule wherein was contained that Henry of Lancaster Duke of Hereford appellant and Thomas Mowbray Duke of Norfolke defendant had honourably appeared that day within the lists royall and declared themselues valiant and hardy champions being not onely ready but forward and desirous to darrein the battel but because this was a matter of great consequence import the King with the aduise of his Councell thought it meet to take the same into his owne hands and thereupon had decreed that H●nrie Duke of Hereford because he had displeased the King and for diuers other considerations should within 15. dayes next following depart out of the Realme and not to returne during the terme often yeeres without the Kings especiall licence vpon paine of death When this iudgement was heard a confused noyse was raysed among the people some lamenting eyther the deserte or the iniurie of the Duke of Hereforde whom they exceedingly fauoured others laughing at the conceite of the King first in causing and afterwardes in frustrating so great an expectation wherein he seemed to doe not much vnlike Caligula who lying in Fraunce with a great armie nere the sea shoare gaue the signe of battell set his men in aray marched foorth as if it had bene to some great piece of seruice suddenly commanded them all together cockles Then the Herralds cryed againe ô yes and the secretarie did reade on how the King had likewise otdayned that Thomas Moubraie Duke of Northfolke because he had sowen sedition by words whereof he could make no proofe should auoide the realme of England and neuer returne againe vpon paine of death and that the King would take the profites and reuenues of his landes vntill he had receiued such summes of money as the Duke had taken vp for wages of the garison of Calice which was still vnpaide and that the King prohibited vpon paine of his grieuous displeasure that any man should make suite or entreatie to him on the behalfe of eyther of these two Dukes These sentences being in this sort pronounced the King called the two exiles before him and tooke of them an oth that they should not conuerse together in foraine regions nor one willingly come in place where the other was fearing as it was like least their common discontentment should draw them first to reconcilement and afterward to reuenge But this policie was ouer weake for this purpose for oathes are commonly spurned aside when they lye in the way either to honour or ●euenge and if their vnited forces was much to be regarded the● seperate are powers was not altogether to bee con●●●ed Therefore the later plin●●● of this Realme haue with more 〈◊〉 wholy abolished the vse of abiuration and 〈◊〉 and doe either by death extinguish the power or by pardon alter the will of great offenders from entring into desperite and daungerous attempts which men in 〈◊〉 and disgrace haue more vehemencie to begin and more 〈◊〉 to continue When the 〈◊〉 had once so enclosed the Romaine legions within certaine streig● that they left them neither space to fight nor way to flie but without force enforced them to yeelde they sent to Hre●●●us Pontius an aged ruler of their state for his aduise what were best for them to doe his answere was that the Romaines should be permitted to depart without any 〈◊〉 losse orscorne This pleased not such as 〈◊〉 ●●●her couetous for spoy●e 〈…〉 for blood ● and therefore they sent vnto him the second time who then returned answere that the Romanes should bee put to the sworde and not one man suffered to escape The contrarietie of these two counsailes brought the olde man into suspition of dotage but he comming in person to the campe maintained both to be good the first whereof which hee thought best would by vnexspected fauour prouoke the Romanes to a perpetuall friendship the second would deferre the warres for many yeares wherein the enemies should hardly recouer strength third counsaile there was none that safely might be followes Yes said the Samnites to graunt them their liues yet with such conditions of spoyle and shame as the lawes of victorie doe lay vpon them This is the way answered Heren●ius which neither winneth friends nor weakeneth enemies but will much encrease the fury against vs nothing diminish the force And euen so in matters of more particularity than
hee should vnder-take the warre in person or commit it to cōmanders of lower degree Some perswaded him that wholly to subdue Ireland stoode neither with pollicie nor yet almost with possibilitie for if it were fully and quietly possessed some gouernour might hap to growe to that greatnesse as to make himselfe absolute Lord thereof and therfore it was better to hold it certaine by weake enemies then suspected by mightie friendes and yet by what meanes should those bogges those woods bee ouercome which are more impregnable then the walled Townes of other countries Then if the purpose were onely to represse the sauage people the war was of no such weight as should draw the King to stand in the fielde and therefore he might stay in the west partes of England and from thence make shew of the princely puissance and state neither venturing his person without cause and ready at hand if neede should require Others were of opinion that to subdue and replenish Ireland was a matter neither of difficultie nor daunger but both profitable and honourable to the King and to God very acceptable For if credite might bee giuen to auncient histories this realme of England was once as insuperable with bogs and woods as Ireland was then but the Romane conquerors kept not their presidiarie Souldiers in idle garrison whereby many times the minde grew mutinous and the body diseased and both vnable for the labour and hardnesse of the field but they held as well them as the subdued Britaines continually exercised either in building of townes in places of best aduantage or in making of high waies else in drayning and pauing of bogs by which meanes the countrie was made fruitfull and habitable and the people learned the good maners not rudely to repulse the flattering assaults of pleasure preferring subiection with plentie before beggerly and miserable libertie That the same Romaines also kept many larger countries in quiet obedience so long as they were quiet among themselues without either feare or danger of any gouernours first by deuiding them into smal prouinces Secondly by constituting in euery prouince diuers officers as Lieutenants and procurators whereof one was able to restraine the other the first hauing power ouer the bodies of the subiects the second ouer their goods thirdly by changing these officers euery yeare which was too short a time to establish a soueraigntie Lastly by retaining at Rome their wiues and children and whole priuate estate as pledges for their true demeanure That the daunger was rather to bee feared least a weake enemie whilest hee was cuntemned should gather strength and be able to stand vppon termes of withstandi●g example hereof happened whē the Romaines ouercame this Iland for many Britanes who vpon no cōditious would abide bōdage withdrew thēselues into the Northparts of the land by maintaining their auncient custome of painting their bodies were called of the Romanes Picti these were neglected along time and held in scorne as neither of force nor of number to bee thought worthy the name of enimies but afterwardes they confederated themselues with other people and so sharply assaulted the subdued Britaines that being vnable to resist the Romanes shrincking from thē they were constrained to desire helpe of the Saxons and so betweene their enimies their aides being set as it were betwixt the beetle and the block they lost the possession of the best part of their land That it was a pittifull pollicy for assurance of peace to lay all waste as a wildernes and to haue dominion ouer trees and beasts and not ouer men That hereby the King did loose the reuenue of a fruitfull countrie the benefit of wealthy subiects which are the surest treasure that a Prince can haue That hereby also the maiesty of his estate was much impaired for as Salomō saith The honour of a king cōsisteth in the multitude of subiectes That the country being vnfurnished of people was open to al opportunity of forraine enimies That if none of these respectes would moue yet the King was bounde in duty to reduce those sauages to the true worshippe of God who did then either prophanely contemne him or superstiti●usly serue him These reasons so weighed with the King that he gathered a mighty armie determining to goe in person into Ireland to pacifie the country before his returne but al his prouision was at the charge of the subi●cts and wheras in time of sedition a wise Prince will least grieue his people As seeming to stand in some sort at their curtesie hauing to imploy their bodies beside the King in peace no stoarer for war was forced to offend when hee should haue bene most carefull to win fauour So about Whitsontide he set forth on his voyage with many men and fewe soldiours being a dissolute and vntrained company and out of all compasse of obedience hee caried with him his whole treasure and all the goods and auncient Iewels appertaining to the crowne In his company went the Duke of Aumerle and the Duke of Exceter and diuers other noble men and many Bishops and the Abbot of Westminster He also tooke with him the sonnes of the Duke of Gloucester and of the Duke of Hereford whose fauourours he chiefly feared When hee came to Bristowe hee was put into suspicion whether vpon some liklyhood or meere mallice that Henry Percy Earle of Northumberland and certaine others entended some disloyall enterprise against him and for that cause did not folow him into Ireland but had fastned friendship with the king of Scots vpon purpose to retire thēselues into his country if their attempts should faile Hereupon the king sent message that the earle should forthwith come vnto him with all the power that he could conueniently make The earle returned answere that it was vnnecessary in respect of that seruice to draw men from such distant places for the Irish rebels were neither so many nor so mighty but the King had strength at hand sufficient to suppresse them that it was also daungerous to disfurnish the North-parts of their forces and to offer opportunity to the Scottish borderers who were alwayes vncertaine friends in their extremities and assured enemies vpon aduantage The King seeing his commaundement in these termes both contemned and controulled would not stand to reason the matter with the Earle neither had he the reason to defer reuenge vntill hee had full power to worke it but presently in the violence of his fury caused the Earle and his confederates to be proclaimed traitors and all their lands and goods to be seized to his vse The Earle tooke grieuously this disgrace and determined to cure close vp his harme with the disturbance of the common state And thus the King hauing feathered these arrowes against his owne brest passed foorth in his iourney into Ireland This expedition at the first proceeded and succeeded exceedingly well and the king obtained many victories euen without battell as leading his men to a slaughter
rather then to a fight for the sauage Irish were not vnder one gouernement but were deuided into many partialities and factions and seldome did two or three parts ioyne their common strenth and study together so whilest one by one did fight all of them were either subdued or slaine But these newes little reioyced the common people they lusted not to listen thereto their common talke was to recount their common grieuances to lay them together aggrauate them by construction euery man more abounding in complaints then he did in miseries Also the noblemen the principall obiect of cruelty began to discourse both their priuate dangers the deformities of the state and vpon opportunity of the Kings absence some of them did conspire to cut off that authority which would not be confined to cast it vpon some other who was most like to repaire that which K. Richard had ruined or if sayde they our power shall come short of so good a purpose yet will we sell him both our liues lands with glory in the field which with certainty in peace we can not enioy The onely man vpon whom all men resolued was Henry duke of Hereford whom since the death of his father they called duke of Lancaster not at his own motion or desire but because he was generally esteemed meet as being of the royall bloud and next by discent frō males to the succession of the crowne one that had made honorable proofe of his vertues and valure the onely man of note that remained aliue of those that before had stood in armes against the King for the behoofe of the Common-wealth for which cause he was deeply touched at that time both in honor and in state This attempt pleased as possible to proue and of necessity to be followed whereupon they secretly dispatched their letters to the Duke solliciting his speedy returne into England declaring that aswel for the benefit of the realm as for their owne particular safety they were forced to vse force against King Richard that if it would please him to make the head they would furnish him the body of an able army to expell the King from his vnfortunate gouernment and to settle the possession of the Crowne in him who was more apt and able to sustaine the same that they would not prouide him a base multitude only they themselues helpe in bare wishes aduise but would also adioyne their hands and thei● liues so that the peril should be common to all the glory only his if fortune fauored the enterprise These letters were conueyed by men crafty and bolde yet of sure credit and inward in trust with the Duke who passing into France first associated vnto thē Thomas Arundell late Archbishop of Canterburie at that time whether deseruedly or without cause an exile in France then they trauailed by seuerall waies and in counterfeit attire to Parris where all met at the house of one Clugney where the Duke thē soiourned After some courtesies of course with welcome on the one side thankes on the other and ioy of both the Archbishop of Canterburie hauing obtained of the Duke priuacie and silence made vnto him a solemne oration in these words or to this sence following We are sent vnto you right high and noble Prince from the chiefe Lords and states of our land not to seeke reuenge against our King vpon priuate iniury and displeasure nor vpon a desperate discontentment to set the state on fire nor to procure the ambitious aduancement of any perticular person but to open vnto you the deformities and decaies of our broken estate and to desire your aide in staying the ruinous downfall of the same The remembrance of the honourable reputation that our countrie hath borne and the noble actes which it hath atchiued doth nothing els but make the basenes more bitter vnto vs wherinto it is new fallen Our victorious armes haue heretofore bene famous and memorable not onely within the bownds of our Ocean sea and in the Ilands adioyning vnto vs but also in France in Spaine and in other parts of Europe yea in Asia and in Affricke against the infidels and Barbarians so that all Christian Princes haue bene either glad to imbrace our friendship or loath to prouoke vs to hostility But nowe the rude Scots whose spirits we haue so many times broken and brought on their knees doe scornfully insult vppon vs the naked and fugitiue Irish haue shaken of our shackles and glutted themselues vppon vs with massachres spoiles with these we dayly fight not for glory but to liue insomuch as we are become a pitty to our friends and a verie ieast to our most base and contemptible enemies In deed the King hath both sent and led great armies into these countries but in such sort that they haue much wasted the realme with their maintenance but neither reuenged nor relieued it with their armes and no meruaile for all our diligent and discreete leaders the verie sinewes of the field are either put to death or banished or els lie buried in obscurity and disgrace and the marshalling of all affaires is committed without any respect of sufficiency or desert to the counsaile conduct of those who can best apply themselues to the Kings youthfull delightes Among these auncient nobility is accompted a vaine ieast wealth and vertue are the ready meanes to bring to destruction It grieues me to speake but it helpeth not to hide that which euery man seeth our auncestors liued in the highest pitch and perfection of libertie but we of seruilitie being in the nature not of subiectes but of abiectes and flat slaues not to one intractable Prince onely but to many proude disdainefull fauorites not alwaies the same but euer new no sooner haue we satisfied some but fresh hungrie masters are straight waies set vpon vs who haue more endamaged vs by extortion and bribes then the enemy hath done by the sword What vnusuall kindes of exactio●are dayly put in practise without either measure or end and oftentimes with out neede or if any be it proceedeth rather vpon ryotus expenses then any necessary or honourable charge and great summes of money are pulled and pilled from good subiects to be throwne away amongst vnprofitable vnthriftes And if any man openeth his mouth against these extorted taxations then either by feined imputation of capital crimes or by smal matters aggrauated or else by open crueltie and force his life or libertie is forthwith hazarded I were too tedious too odious too friuolus to put you in mind of particular examples as though your owne estate the lamentable losse of your vncle other noble friends could be forgotten yea I suppose that there is no man of qualitie within the Realme who either in his owne person or in his neere friends doeth not plainly perceiue that no man enioyeth the safegard of his goods and suerty of his body but rich men in the one great
the same your parts still remaineth to be performed your vertue valure must adde strength to the goodnesse of this action We haue already attempted so farre that all hope of pardon is extinct so that if wee shoulde shrincke back breake of the enterprise no mercy is to be expected but butchery and gibbets and all extremities if wee driue of delay the accomplishment thereof we shall loose the opportunity which now is offred and open to our enimies occasion of aduantage For the peoples bloud is vp now on our side and nothing is wanting but our owne diligence care let vs not therefore trifle out the time of doing in talking deliberating it is best striking whilst the yron is hoate let vs set forth roundly and possesse our selues with speed of al the parts of the realme and so we shall bee able either to keepe out our concurrent or els to entertaine him litle to his liking So troups of men were sent into euery quarter of the realme to secure them for making strength on the part of King Richard but the people in all places as men broken with many burthens did easily entertaine the first commer and were not curious to fide with the strōger The Duke pursued those of the Kings priuy counsaile which fled away from the duke of Yorke bearing himselfe with great cheere and courage as confident in the cause and secure of the euent When he came at Bristow he found the castle fortified against him but in short time he forced it and tooke therein Sir Iohn Bushy Sir Henrie Greene W. Scroupe L. Treasurer a ioyfull pray to the commō people who fearing that if execution should bee deferred petitions for pardon might happen to preuaile and so their cruelties and iniuries should bee canswered with the vaine title and commendation of elemency did violently require them vnto death no respite could be obteined no defence admitted no answere heard yea their humble and submisse intreaty was interpreted to argue a weake broken courage vpon a guilty conscience which more incensed the rage of the people crying out that they were traitours bloud-suckers theeues and what other heinous tearmes insulting fury did put into their mouthes at which clamorous and importunant instance the day following they were beheaded Sir William Bagot came not with them to Bristowe but turned to Chester and the pursuit being made after the most he alone escaped into Ireland This execution partly because it pleased the people and partly because it excluded all hope of the Kings pardon caused them to cleaue more closely to the Duke which greatly encreased both his glory his hope hauing officers of so long aide need of so litle In the meane time this newes of the Dukes arriuall and of other occurrences part true part false and part enlarged by circumstance as fame groweth in the going was blowen ouer to the King being then entangled with other broyles in Ireland at the receipt whereof hee caused th●●nnes of the Duke of Gloucester and of the Duke of Lancaster to be imprisoned in the strong Castle Trim which is in Ireland for dispatch to returne into England left many matters vnfinished and most of his prouision behind hasting and shufling vp as present necessitie did enforce So being both vnskilfull and vnfortunate himselfe de●oide of good direction with more haste then good hap he tooke shipping with the Duke of Aumerle Exceter Surrie the Bishops of London Lincolne and Caerliele and many other men of qualitie and crossing the seas landed at Milford hauen in Wales in which conntrimen he alwaies reposed his chiefest suretie trust but then he saw contrarie to his expectatiō that as wel there as in all other places the people by plumps flocked to the Duke fled from him yea they that came with him began for to wauer no man encouraging them to be constant but many to reuolt This suddaine chaunge not looked for not thought vpon disturbed all the Kings deuises made him irresolute what hee should doe on the one side hee saw his cause and quarell to bee right and his conscience he saide cleare from any bad demerite on the other side hee saw the great strength of his enemies and the whole power of the realme bent against him being more abashed of the one then emboldned by the other he stoode perplexed in vncertaine termes either where to stay or whether to stirre hauing neither skill nor resolution himselfe in cases of difficultie and noxious to hurtfull and vnfaithfull counsaile Some aduised him to march forward and pierce deeper into the land before his owne forces fell from him affirming that valure is seconded by fortune that this courage of his would confirme the constancie of his souldiours and his presence put the people in remembrance of their faith that in all places he should finde some who for fauour or for hire or else for duetie would adheare vnto him whereby hee should soone gather strength sufficient to ioyne issue with his enemie in the f●de Others perswaded him to retire againe into Ireland then if succour failed him in England to wage souldiours out of other countries But the King being no man of action in militarie affaires reiected both the counsailes as neyther venturous enough with the one nor warie enough with the other and taking a middle course which in cases of exremitie of all is the worst he determined to make staye in Wales and there to attende to what head this humour would rise The Duke vpon aduertisement that the King was landed in Wales remoued with a strong armie from Bristowe towardes Chester vsing the first oportunitie against him and which in deede was the fittest When L. Thomas Percie Earle of Worcester and steward of the Kings houshold heard of the Dukes approach he brake forth into shewe of that displeasure which before hee had conceiued against the King for proclayming his brother the Earle of Northumberlande traytour and thereupon openly in the hall in the presence of the Kings seruants he brake his white rodde the ensigne of his office and forthwith departed to the Duke willing euery man to shift for himselfe in time by which acte he lost reputation both with the haters fouourers of King Richard being accompted of the one a corrupter of the other a forsaker and betrayer of the King After this example almost all the rest more fearefull then faithfull scattered themselues euery one his way and they who in the Kings flourishing time would haue contended to bee foremost now in his declining estate equally draw backe and like swallowes forsooke that house in the winter of fortunes boysterous blasts where they did nothing but feede foyle in the summer of her sweete sunne-shine And thus betweene faint souldiers and false friends the King was abandoned and forsaken and left almost vnto himselfe looke on he might but let it hee could not as not of force to punish that which
Berkley Thom. Erpinghame Thom. Graye Knights Will. Thirninge Iustice Commissioners for the matters hereafter specified by the Lords spirituall and temporall of the realme of England and the Commons of the said realme representing all the states of the saide Kingdome specially deputed sitting in seate of iudgement and considering the manifold periuries and cruelties and many other crimes and offerces by Richard late King of the saide realme committed and doone contrarie to good gouernement in the realmes and dominions aforesaide during the time of his reigne also considering the articles which were openly ●●●bibited and red before the said states which were so publicke notorious manifest and famous that they could nor can by no auoydance and shift be concealed also considering the confession of the saide King acknowledging and reputing and truly vpon his certaine knowledge iudging himselfe to haue been and to be altogether insufficient and vnskilfull for the rule and gouernment of the realmes and Dominions aforesaid and of any parts of them and not vnworthy to be deposed for the notorious demerites by the said Richard first acknowledged and afterward by his will and mandate before the said states published and to them opened and declared in the English tongue Vpon these and other matters which were done concerning the same busines before the said States and vs by the diligent place name and authority to vs in this part committed in aboundance and for a cautele we pronounce decree and declare the saide Richard to haue beene and to be vnprofitable and vnable and altogether insufficient and vnworthie for the rule and gouernement of the said realmes and of the dominions rights and parts of them and in regarde and respect of the premises worthily to be deposed from all kinglie dignitie and honour if any such dignitie and honour remaineth in him and for the like cautele wee doe depose him by our sentence definitiue in this writing inhibiting from hencefoorth expressely all and singular Lords Archbishops Bishops Prelates Dukes Marquesses and Earles Barons Knights Vassalles and all other persons whatsoeuer of the saide realmes and dominions and other places to the said realmes and dominions appertaining the subiects and liege people of the same and euery of them that from henceforth none obey or intend to obey the foresaid Richard as king or Lord of the realmes and dominions aforesaid Then the same Commissioners were by the consent and suffrages of both houses constituted procurators ioyntlye and seuerally for all the states of the realme to resigne and surrender vnto King Richard for them and all other homagers of the realme all the homages and fealties which were both due and doone vnto him as King and Soueraigne and also to declare vnto him al the premises concerning his deposition Now Henrie Duke of Lancaster that he might be reputed or reported at the least not to attaine the kingdom by intrusion and wrong was counsailed by his friends to pretend some lawfull challenge and claime therevnto and being in power it was no sooner aduised what was to bee doone but it was presently deuised how to doe it So a title was drawne from Edmund sonne to King Henrie the third whom they surnamed Crowch backe affirming that he was the eldest sonne of King Henrie and that for his deformitie he was put from his right of succession in the kingdome which was for that cause giuen to his yonger brother King Edward the third to this Edmund the Duke was next of bloud by his mother Blanche sole daughter and heyre to Henrie the first Duke of Lancaster and sonne to the saide Edmund This cunning conceit was perceiued of all men but seeming not to perceiue it was a point of friendship in some and of obedience in the rest therfore the kingdome of England being then thought vacant both by the resignation and also by the deposition of King Richard Duke Henrie arose from his seate and standing in the view of the Lords crossed himselfe on the forehead and on the brest and spake as followeth In the name of God Amen 〈◊〉 Henrie of Lancaster claime the realme of England ●●●●owne with all the appurtenances 〈…〉 of the bloud royall comming from that good Lord K. Henrie the third and through the right that God of this grace hath sent mee with the helpe of my kindred and of my friendes to recouer the same Which kingdome was in point to be vndoone for default of good gouernment and due iustice After these wordes it was demaunded in both houses of the Nobility of the commons which were assembled whether they did consent that the Duke should raigne Who all with one voyce acknowledged and accepted him for their King then the Archbishop of Canterbury tooke him by the hand and placed him in the throane of estate the Archbishoppe of Yorke assisting him and all the assemblie testifying their owne ioy and wishing his Then the Archbishop made an oration and tooke for his theame this place of Scripture See this is the man whom I spake to thee of this same shall raigne ouer my people 1. Reg. 9. 17. After all this he was proclaimed King of England and of Fraunce and Lord of Ireland and the common people which is voide of cares not searching into sequels but without difference of right or wrong inclinable to follow those that are mighty with shoutes and clamours gaue their applause not all vpon iudgement or faithfull meaning but most onely vpon a receiued custome to flatter the Prince whatsoeuer he be Yet least the heate of this humour should allay by delay it was foorthwith proclaimed in the great Hall that vpon the 13. day of September next ensuing the Coronation of the King should be celebrated at Westminster These matters being thus dispatched the King proclaimed arose from his seate and went to White Hall where he spent the rest of the day in royall feasting and all other complementes of ioy notwithstanding there appeared in him no token of statelynesse or pride nor any change in so great a change Vpon Wednesday next following the procurators before mentioned went to the presence of King Richard being within the Tower and declared vnto him the admission of his resignation and also the order and forme of his deposition and in the name of all the states of the realme did surrender the homage and fealty which had been due vnto him so that no man from thence foorth would beare to him faith and obedience as to their King The King answered that he nothing reguarded these titulare circumstances but contented himselfe with hope that his cousen would be gracious Lord and good friend vnto him So vpon the 13. day of October which was the day of the translation of Edward the Confessour the Duke was with all accustomed solemnities by the Archbishoppe of Canterbury sacred annointed and Crowned King at Westminster by the name of king Henry the fourth vpon the very same day wherein the yeere before he had been banished the Realme
spoyling the goods and spilling the bloud of the vnhappy people besides the ruynes and deformities of many Citties and holdes vntill his lawful inheritance was to him assured It terrifieth me to remember how many florishing Empires and Kingdomes haue bin by meanes of such contentions eyther torne in peeces with detestiue diuision or subdued to forren Princes vnder pretence of assistaunce and ayde and I neede not repeate howe sore this realme hath heertofore beene shaken with these seuerall mischieues and yet neyther the examples of other countries nor the miseries of our own are sufficient to make vs to beware O English men worse bewitched then the foolish Galathians our vnstayed mindes and restlesse resolutions doe nothing els but hunt after our owne harmes no people haue more hatred abroad and none lesse quiet at home in other countries the swoord of inuasion hath been shaken against vs in our owne land the fire of insurrection hath bin kindled amongs vs what are these innouasions but whetstones to sharpen the one and bellowes to blowe vp the other Certainely I feare that the same will happen vnto vs which Aesope fableth to haue been fallen vnto the Frogges who beeing desirous to haue a King a beame was giuen vnto them the first fall whereof did put them in some feare but when they saw it lye still in the streame they insulted thereon with great contempt and desired a king of quicker courage then was sent vnto them a Storke which stalking among them with stately steps continually deuoured them The mildenesse of king Richard hath bred in vs this scorne interpreting it to be cowardise and dulnes of nature the next heyre is likewise reiected I will not say that wyth greater courage we shall finde greater cruelty but if eyther of these shall heerafter be able to set vp theyr side and bring the matter to tryall by armes I do assuredly say that which part soeuer shall carry the fortune of the field the people both wayes must goe to wracke And thus haue I declared my minde concerning this question in more wordes then your wisedome yet fewer then the weight of the cause doth require and doe boldly conclude that wee haue neyther power nor policy eyther to depose king Richard or to elect Duke Henrie in his place that king Richard remaineth still our Soueraigne Prince and therefore it is not lawfull for vs to giue iudgement vpon him that the Duke whom you call king hath more offended against the king and the relame then the king hath done eyther against him or vs for being banished the realme for ten yeeres by the king and his counsaile amongst whome his owne Father was chiefe and sworne not to returne againe without speciall lycense he hath not onely violated his oath but with impious armes disturbed the quiet of the land and dispossessed the Kyng from his royall estate and now demaundeth iudgement against his person without offence proued or defence heard if this iniury and this periury doth nothing moue vs yet let both our priuate and common dangers somwhat withdraw vs from these violent proceedings This speach was diuerslie taken as men were diuersly affected betweene feare hope and shame yet the most parte did make shew for king Henrie and therevpon the Bishop was presently attached by the Earle Marshall and committed to prison in the Abbey of S. Albones Whose counsaile and coniecture then contemned was afterwardes better thought vpon partly in the life time of king Henrie during whose raigne almost no yeare passed without great slaughters and executions but more especially in the times succeeding when within the space of xxxvi yeares twelue set battailes vpon this quarrell were fought within the realme by English men only and more then foure score Princes of the royall bloud slaine one by another Then it was concluded that king Richard should be kept in a large prison with all manner of Princely maintenance and if any persons should conspire to reare warre for his deliuerance that he should be the first man who should suffer death for that attempt Then the Actes of the Parlament holden at Westminster in the xi yeare of King Richard were reuiued and the Parlament houlden the xxi yeare of king Richard was wholy repealed and they who were attainted by that Parlament were restored againe to their fame and honour and to their landes without suing lyuerie and to such goods whereof the King was not answered except the rents and issues which had beene receiued out of their lands in the meane time Herevpon Richard Earle of Warwicke was deliuered out of prison and the Earle of Arundelles sonne recouered his inheritance many others also that were banished or imprisoned by King Richard were then fullye restored againe to their Countrie libertie and estate It was further prouided that none of those which came in ayde of King Henrie against King Richard should for that cause be impeached or troubled Also the King gaue to the Earle of Westmerland the Countie of Richmond and to the Earle of Northumberland he gaue the Ile of Man to be houlden of him by the seruice of bearing the sworde wherewith he entred into England Diuers other of his followers he aduaunced to offices of highest place and charge some vpon iudgement and for desert but most part to win fauour and perhappes proiecting a plot for friends if times should change for in many actions men take more care to preuent reuenge then to leade an innocent and harmlesse life It was further agreed that the procurers of the death and murther of Thomas late Duke of Gloucester should be searched out and seuerelie punished And iudgement was giuen against the appellants of the Earle of Warwicke and the Earle of Arundell that the Dukes of Aumerle Sussex and Exceter the Marquesse of Dorset and the Earle of Gloucester who were present should loose their degree of honour for them and their heyres that they should likewise loose all the Castles Mannors Lordshippes c. then in their hands which sometimes apperteined to those whom they did appeale and that all the letters patents and charters which they had concerning the same should be surrendred into the Chācerie and there be cancelled that for all other their Castles Mannors Lordships possessions and liberties they should be at the grace and mercie of the King that they should giue no liueries nor keepe any retinue of men but onely such officers as were meerelie necessarie for their degree that if any of them should adhere to Richard the deposed King in giuing him ayde or encouragement against the iudgement of his deposition then he should incurre the paines and forfeitures of high treason And because it was a clamorous complaint among the common people that many officers had committed greeuo●s extoruons and wrongs eyther by the open maintenance or secret con●itiuence of these Lords First those officers were remo●ued and that corruption taken away with integritie which briberie h●d wrought in placing for money men of b●d
qualitie in high degrees of office and seruice then proclamations were made that if any man had been oppressed by these Lords or by any officers vnder them he should prooue his complaint and receiue recompence It was made a question whether it was not meete that these noble men should be put to death the importunitie of the people and the perswasion of many great men drew that way but policie was against it and especially the opinion of clemencie which seemed needfull to the setling of a new risen state In this parlament also the Lorde Fitzwater appealed the sayd Duke of Aumerle sonne to the Duke of Yorke vpon points of high treason likewise the Lord Morley appealed Iohn Montacute Earle of Salisburie and moe then twentie other appeilants waged battaile but the king purposing to laye the foundation of his realme by fauour and not by force gaue pardon and restitution alike to all vppon sureties and band for their alleageance and in a sweet and moderate oration he admonished and as it were intreated the one part that ould griefes and grudges should not be renued but buried together with the memorie of former times wherein men were forced to doe many things against their mindes the other part he desired to be more regardfull of their actions afterward and for the time past rather to forget that euer they were in fault then to remember that they were pardoned No punishment was laide vppon any saue onely the Earle of Salisburie and the Lord Morley who had beene in especiall grace and fauour with King Richard these two were committed to prison but at the sute of their friends they were soone released the rest the King receiued freelye to fauour but most especially the Duke of Aumerle and the Duke of Excester Lord Gouernour of Calice The Duke of Aumerle was cousen germane to both the kings Iohn Holland Duke of Exce●●● was halfe brother to King Richard and brother in lawe to King Henrie whose sister the Lady Elizabeth he had taken to wise The greatest matter that was enforced against them was their loyaltie vnto King Richard a grieuous crime among rebels because they did not onlie stomacke and storme at his deiection but stirre also more then others and assaye to raise forces on his behalfe The Dukes bouldly confessed the accusation that they were indeed vnfortunately faithfull to King Richard but as those who once are false doe seldome afterwards prooue soundly firme so they that haue shewed themselues true to one prince may the better be trusted by any other The King did rather admit this as a defence then remit it as a fault affirming that such examples were not to be misliked of Princes so he entred with them into great termes of friendship and put them in place neerest his person endeauouring by courtesie and liberalitie to make them fast and faithful vnto him this fact was diuerslie enterpreted according to mens seueral dispositions some admiring the kings moderation others disliking and disallowing his confidence and indeed although these meanes haue to this purpose preuailed with some yet the common course may mooue vs commonly to coniecture that there is little assurance in reconciled enemies whose affections for the most part are like vnto Glasse which beeing once cracked can neuer bee made otherwise then crazed and vnsound Furthermore to qualifie all preiudice and hard opinion which other princes might chaunce to conceiue King Henrie dispatched Embassadours to diuers countries neere vnto him to make it knowne by what title and by what fauour and desire of all the people he atteyned the kingdome To the court of Rome hee sent Iohn 〈◊〉 Bishop of Hereford Sir Iohn Cheyney Knight and Iohn Cheyney Esquire into Fraunce hee sent Waker Shirlowe Bishop of Durham and Lord Thomas Pearcy Earle of Worcester into Spaine he sent Iohn Treuor Bishop of S. Assaph●● and 〈◊〉 William Parr● and into Almaine he sent the Bishop of Bangor and certaine other Most of these Princes as in a matter which little concerned eyther their honour or their harme seemed eyther not to regarde what was doone or easely to bee perswaded that all was doone well But Charles King of Fraunce was so distempe●ed at this dishonourable dealing with his sonne in lawe King Richard that by violence of his passion he fell into his oulde panges of phrensie and at the last by helpe of Phisicke returning to the sobrietie of his sences he purposed to make sharpe warre vpon that disloyall people as he termed them for this iniurie against their lawfull and harmlesse Prince Many noble men of Fraunce shewed themselues verye forwarde to enter into the seruice but especially the Earle of Saint Paule who had maryed King Richards halfe Sister So letters of defiance were sent into England and great preparation was made for the warre Likewise the newes of these nouelties much abashed the Aquitanes who were at that time vnder the English subiection and plunged their thoughts in great perplexities Some were greiued at the infamous blemish of the English nation who had disteyned their honour with the spot of such disloyall dealing others feared the spoyle of their goods and oppression of their liberties by the Frenchmen against whose violence they suspected that the realme of England beeing distracted into ciuill factions eyther would not attend or should not be able to beare them out but the Citizens of Burdeaux were chiefely anguished in respect of King Richard partlie fretting at his iniurie and partlie lamenting his infortunitie because he was borne and brought vppe within theyr Cittie And thus in the violence some of they● anger some of theyr griefe and some of their feare in this sort they did generally complaine O good God sayd they where is the world become saintes are turned to Serpents and Doues into diuels The English nation which hath been accompted fierce onely against theyr ●oes and alwayes faithfull to their friends are now become both fierce and faith lesse against their lawfull and louing Prince and haue most barbarouslie betrayed him Who would euer haue thought that Christians that ciuill people that any men would 〈◊〉 haue violated all religion all lawes and all honest and orderlie demeanure And although the heauens blush at the view and the ear●● sweat as the burthen of 〈…〉 and all man proclaime and exclaime open shame and confusion against them yet they neither feele the horrour nor shrinke at the shame nor feare the reuenge but stand vpon tearmes some of defence for the lawfulnesse of their dealing and some of excuse for the necessitie Well let them be able to blinde 〈◊〉 worlde and to resist 〈…〉 yet shall they neuer be able to escape 〈…〉 desire to be powred vpon them Alas good King Richard thy nature was too gentle and they gouernement too milde for so stiffe and stubborne a people what King wil euer repose any trust in such 〈…〉 them with lawes as theeues are with 〈◊〉 What 〈◊〉 hee 〈◊〉 can recouer theyr credite What time wyll
bee sufficient to blotte out this blemish What other action could they haue doone more ioyfull to theyr enemyes more woefull to theyr friendes and more shamefull to themselues Oh corruption of times Oh conditions of men The Frenchmen were nothing discontented at this discontentment of the Aquitanes supposing that opportunitie was then offered to get into theyr possession the Duchie of Guian if eyther power or pollicie were thereto applyed Herevpon Lawe Duke of Burbea came downe to Angiers who from thence sent many messengers to the chiefe cities of Guian and by faire speeches and large promises solicited the people to change alleageance on the contrarie side sir Robert Knowles Lieutenant of Guian endeuoured with all diligence to represse the 〈◊〉 to staye the doubtfull to confirme the good and to 〈◊〉 all in order and obedience but he profited very little whether by the weakenesse of his owne arme or stiffe necke of the people it is not certainely assured Neither did the Duke of Burbone much preuaile when it was considered 〈…〉 the yoake of Fraunce was aboue the English subiection for all men were well acquainted with what tributes and 〈◊〉 the Frenchmen were charged hauing in euerye countrie Lieutenants and Treasurours assigned the one to drawe the bloud the other the substance of the slauish subiects whose crueltie and couetousnesse laide holde without exception vppon all the 〈…〉 other vndooing by lawe Thus stood the 〈…〉 which the winde driueth one way and the 〈◊〉 another desirous they were to displease the English but 〈◊〉 to endanger and vndoe themselues Vppon aduertisment whereof King 〈◊〉 sent into Guian the Lord Thomas Percie Earle of Worcester whom he knew to bee faithfull vnto him and expert in matters of charge hauing in his companie a strong and seruiceable band of Souldiers who not by vnseasonable exprobating their fault but by reason conuincing it 〈◊〉 with his wisdome and credite so perswaded and partlye with his authoritie and forces so terrified the wauering people that he wanne them to his opinion and confirmed them in their alleageance the grauer sorte with respect of dutie and faith the rest with regarde and 〈◊〉 of daunger Them hee receiued oathes of obedience vnto King 〈◊〉 and planted 〈◊〉 strong garison in pla●es of chiefe import without molestation if they remained quiet and yet of force to represse them if they should rebell This done he returned againe into England where he shewed an excellent example of moderation in seeming rather to haue found then to haue made the Aquitanes duetifull subiectes No sooner could this stir be stinted but another more daungerous and desperate did foorthwith arise for diuerse noble men who eyther had dissembled or did repent the furtherance that they vsed to the aduauncement of King Henrie did conspire together to compasse his destruction the hystories of that time doe vary concerning the causes of this conspiracy whether it were for fauour to King Richard as the nature of man is inclinable to beholde sodaine misfortune with a pittifull eye or for enuy to King Henrie as commonly wee can 〈◊〉 excessiue forr●●e no where so little as in those that haue beene in equall degree with our 〈◊〉 or whether vpon dishonours receiued in the late 〈◊〉 or vpon 〈◊〉 to see others goe before them in the Princes fauour many sought to reuenge theyr vniust anger with lewde disloyaltye likewise it is not assuredly knowne by what meanes the workers thereof were drawne together and the secret deuises of some 〈◊〉 to the rest whether one of them did perswade another to enter into the action or whether all were induced by the same vnconstant disposition and light account of faith which being once falsed to King Richard was afterwardes vppon euery light discontentment lyttle respected to any but concerning these matters the most current report is this There was at that time an Abbot of Westminster one that applyed his studies not as the most part to cloake idlenesse and slouth vnder the glorious tytle of religion but to enable himselfe for counsaile and direction in publique affayres who for the generall opinion of his wisedome and integritie was in good fauour and credit with King Richard and did accompany him in his last voyage into Ireland This Abbot called to his remembrance a speach which hee heard once fall from King Henrie when hee was but Earle of Derbie and not yet come to any great stayednesse eyther in yeares or iudgement that Princes had too little and religious men too much At that time the riches of the church were growne so great that many began to looke vpon them with an enuious eye but least couetousnesse should shew it selfe with open face policie was pretended and the excesse thought daungerous both to the King and also to the 〈◊〉 as verie like to cause want to the one and 〈◊〉 in the other Heerevpon many billes had beene put vppe in the parlaments houlden in the reigne of King Richard that 〈◊〉 might be made to represse the increase of religious possessions namely that inquisition and redresse might be had against such religious persons as vnder the licence to purchase ten pounds yearlie did purchase foure score or a hundred pounds and also against such religious persons as caused their villaines to take to their wiues free women inheritable whereby the landes came to those religious mens hands yea it was mooued in open Parlament that the king should seaze into his hands all the temporall liuings of religious houses as beeing rather a burthen then a benefite vnto religion Vppon these and the like petitions the Archbishop of Canterburie and the Archbishop of Yorke for themselues and the Cleargie of their Prouinces were oftentimes compelled to make their solemne protestations in open Parlament that if any thing were attempted in restraint of the libertie of the Church they would in no wise assent but vtterlie withstand the same the which their protestations they required to be enrouled So partly vpon loue to King Richard and partly vpon feare least King Henry would bee as ready to inuade as hee was to enueigh against the richesse of religious houses this Abbot was the first man that blew the coales and put fewell to the fire of this confederacy And first hee obserued a farre off then hee searched more neerely and narrowly and yet warely too howe the myndes of certaine Noble men were affected or rather infected agaynst King Henrie tempering his speeches in such sorte that if matters sorted to his minde hee myght take them vpon him if his co●●ses were crossed he might cleerely disclayme them at last hee inuited to his house vppon a daye in Michaelmas terme those whome hee had sounded to bee moste sound for his purpose the chiefe of whome were such as in the Parlament before had in some sorte beene touched in reputation although by pardon and reconcilement the harme did seeme to bee closed vp theyr names were Iohn Holland Duke of Exceter of whome mention hath beene made before Thomas
he would any more ioyne affinity with the English nation whose aliance had once so vnfortunately succeeded thē they entred into speech of a perpetuall peace but heereto the Frenchmen would not agree In the end it was concluded that Lady Isabell should be deliuered to King Charles her Father but without Dower because the marriage betweene King Richard and her was neuer consummate by reason wherof she was not dowable by the very treaty of the marriage Also the surcease of armes which foure yeeres before had beene made with King Richard for the terme of 30 yeeres was continued and confirmed for the time then vnexpyred Some authors affirme that a newe truce was taken but these also are at diffierence for some report that it was during the life of both the Kinges others that it was but for a short time which hath the more apparaunce of truth by reason of the open hostilitye which the yeere following did breake foorth betweene the two realmes Shortly after King Henrie sent the Lady Isabell vnder the conducte of Lorde Thomas Pearcy Earle of Worcester in royall estate to Calice she was accompanied with a great troupe of honourable personages both men and women and carried with her all the Iewelles and plate which shee brought into England with a great surple sage of rich giftes bestowed vpon her by the king at Calice she was receiued by the Earle of S. Paule Leiuetenant for the French king in Picardy and by him was conducted to king Charles her Father who afterwardes gaue her in marriage to Cbarles sonne to Lewes Duke of Orleance and so was eyther rest or respite of wars procured in Fraunce whilest neerer stirres might be brought to some stay For within the realme the fire and fury of the late sedition was scarcely quenched and quiet but that the common wealth should not cease to be torne by multiplying of diuisions one streight succeeding another the Welshmen vpon aduantage of the doubtfull and vnsetled estate of king Henrie resolued to breake and make a defection before eyther the king could ground his authority or the people frame themselues to a new obedience and hauing learned that common causes must be maintained by concord they sought by assemblyes to establish an association and to set vp theyr owne principality againe To this purpose they created for theyr Prince Owen Glendor an Esquire of Wales a factious person and apt to set vp diuision and strife and although hee was of no great state in birth yet was hee great and stately in stomacke of an aspiring spirit and in wit somewhat aboue the ordynarie of that vntrayned people boulde craftie actiue and as he listed to bend his minde mischieuous or industrious in equall degree in desires immoderate and rashlye aduenturous in his young yeeres hee was brought vp to the studye of the Common Lawe of the Realme at London and when he came to mans estate besides a naturall fiercenesse and hatred to the English name hee was particularlye incensed by a priuate suite for certayne landes in controuersie betweene the Lord Gray of Ruthen and him wherein his tytle was ouerthrowen and being a man by nature not of the myldest by this prouocation he was made sauadge and rough determining eyther to repayre or to reuenge his losse by setting the whole state on fire Also his expence and liberalitie had been too excessiue for a great man to endure which brought him to barenesse too base for a meane man to beare and therefore he must of necessitie doe and dare somewhat and more daunger there was in soft and quiet dealing then in hazarding rashlie Heerewith opportunitie was then likewise presented for troublesome times are most fit for great attempts and some likelyhood there was whilest the King and the Lordes were hard at variance that harme might easelie be wrought to them both Vpon these causes his desire was founded and vppon these troubles his hope But that his aspiring and ambitious humour might beare some shew of honest meaning he pretented to his countrymen the recouerie of theyr free estate the desire whereof was so naturally sweete that euen wilde Birdes will rather liue hardlye at large in the ayre then bee daintily dyeted by others in a Cage and opportunitie was at that time fitlie offered or else neuer to be expected to rid them of theyr thraldome falselie and coulourablie intituled a peace whilest the one Kings power was waining and the other not yet fullye wexen and eyther of them grew weake by wasting the other neither was there any difference which of them should preuayle sith the warre touched both alike insomuch as the ouerthrow would ruine the one and the victorie the other So hee exhorted them to take courage and armes and first to kill all the English within their territories for libertie and Lordes could not endure together then to resume their auncient customes and lawes whereby more then armes commonwealths are established and enlarged so should they bee a people vncorrupt without admi●tion of forreine manners or bloud and so should they forget seruitude and eyther liue at libertie or else perhaps bee Lordes ouer other Heerevppon many flocked vnto him the best for loue of libertie the basest of desire of bootie and spoile insomuch as in short time hee became commaunder of competent forces to stand openly in the fielde And being desirous to make some proofe of his prowesse hee sharply set vppon his ould aduersarie Reignold Lorde Grey of Ruthen whose possessions he wasted and spoyled slew many of his men and tooke himselfe prisoner yet gaue him faire and friendlie enterteinment and promised him releasment if he would take his daughter to wife This hee desired not so much for neede of his abilitie or ayde as supposing that the name and countenance of a Lorde would giue reputation to the house that was then but in rising But the Lorde Greye at the first did not so much refuse as scorne the offer affirming that he was no warde to haue his marriage obtruded vppon him Well sayde Owen Glendore although you bee not my warde yet are you in my warde and the suing of your liuerie will cost double the marriage money that elsewhere you shall procure The Lord Grey being not very riche to discharge his ransome and seeing no other meanes of his deliuerance at the last accepted the condition and tooke the damosell to wife notwithstanding his deceitfull Father in lawe trifled out the time of his enlargement vntyll hee dyed The Welshmen being confident vppon this successe began to breake into the borders of Hereford shire and to make spoyle and pray of the Countrey against whom Lord Edmund Mortimer Earle of Marche who for feare of King Henrie had withdrawne himselfe as hath been declared to Wiggmore Castle assembled all the Gentlemen of the Countrye and meeting with the Welshmen they ioyned together a sharpe and cruell conflict not in forme of a loose skirmish but standing still and maintaining their place they endeauoured with
maine might to breake and beare downe one another The courage and resolution of both sides was a like but the Welshmen were superiour both for number and direction for they were conducted by one knowne leader who with his presence euery where assisted at neede enflaming his Soldiours some with shame and reproofe others with praise and encouragement all with hope and large promises but the Englishmen had no certaine generall but many confused commaunders yea euery man was a commaunder to himselfe pressing forward or drawing backe as his owne courage or feare did mooue him Insomuch as no doubt they had taken a great blowe that day by theyr ill gouerned bouldnesse had not Owen Glendor presently vppon the breaking vp of the field ceased to pursue the execution and shewed himselfe more able to get a victorie then skilfull to vse it But euen to his side the victorie had cost bloud and many of those which remayned were eyther wounded or wearie the night was neere also and they were in their enemyes countrie by which meanes our men had libertie to retire rather then runne away no man being hoat to follow the chase They lost of their company about a thousand men who sould their liues at such a price that when manhood had doone the hardest against them certaine mannish or rather deuilish women whose malice is immortall exercised a vaine reuenge vppon their dead bodyes in cutting off theyr priuie partes and theyr noses whereof the one they stuffed into theyr mouthes and pressed the other betweene their buttocks and would not suffer their mangled carcasses to be committed to the earth vntill they were redeemed with a great summe of money By which cruell couetuousnesse the faction lost reputation and credite with the moderate sorte of their owne people suspecting that it was not libertie but licentiousnesse which was desired and that subiection to such vnhumaine mindes would bee more insupportable then anye bondage In this conflict the Earle of Marche was taken prisoner and fettered with chaines and cast into a deepe and vile dungeon The King was solicited by many noble men to vse some meanes for his deliuerance but hee would not heare on that eare hee could rather haue wished him and his two sisters in heauen for then the onely blemish to his title had beene out of the way and no man can tell whether this mischaunce did not preserue him from a greater mischiefe Owen Glendor by the prosperous successe of his actions was growne now more harde to be dealt with and hautelie minded and stood euen vppon termes of equalitie with the King wherevpon he proceeded further to inuade the Marches of Wales on the West side of Seuerne where he burnt many villages and townes slew much people and returned with great prey and praises of his adherents Thus he ceased not this yeere to infest the borderers on euery side amongst whom he found so weake resistance that he seemed to exercise rather a spoile then a warre For King Henrie was then detained with his chiefest forces in another more dangerous seruice which besides these former vexations and hazards this first yeere of his reigne happened vnto him For the Scottes knowing that changes were times most apte for attempt and vppon aduantage of the absence of all the chiefe English borderers partly by occasion of the Parlament and partlie by reason of the plague which was very grieuous that yeere in the North partes of the realme they made a roade into the countrey of Northumberland and there committed great hauocke and harme Also on a certaine night they sodainly set vppon the Castle of Werke the captain wherof sir Thomas Gray was then one of the knights of the Parlament hauing slaine the watch partly a sleepe partlye amased with feare they brake in and surprised the place which they held a while and at the last spoyled and ruined and then departed Whilest further harmes were feared this passed with light regarde But when great perrils were past as if noe woorse misfortune could haue befallen then was it much sorrowed and lamented And in reuenge thereof the Englishmen inuaded and spoyled certaine Ilandes of Orkney and so the losse was in some sorte repayred yet as in reprisals of warre it commonlye falleth out neyther against those particular persons which committed the harme nor for those which suffred it but one for another were both recompenced and reuenged Againe the Scottes set foorth a fleete vnder the conduct of Sir Robert Logon with direction to attempt as occasion should be offered his first purpose was against our Fishermen but before hee came to any action he was encountred by certaine English ships and the greatest part of his fleete taken Thus peace still continuing betweene both the realmes a kinde of theeuish hostilitie was dayly practised which afterwardes brake out into open warre vppon this occasion George of Dunbarre Earle of the Marches of Scotland had betrothed Elisabeth his daughter to Dauid the sonne and heyre apparant of Robert King of Scottes and in regardc of that marriage to bee shortlie celebrated and finished hee deliuered into the Kings hands a great summe of money for his Daughters dowrie But Archibalde Earle Dowglasse disdayning that the Earle of Marches bloud should be preferred before his so wrought with King Robert that Prince Dauid his sonne refused the Earle of Marches Daughter and tooke to wife Mariell Daughter to the Earle Dowglasse Earle George not vsed to offers of disgrace could hardlye enforce his pacience to endure this scorne and first hee demaunded restitution of his money not so much for care to obteyne as for desire to pieke an occasion of breaking his alleageance The King would make to him neyther payment nor promise but trifled him off with many 〈◊〉 and vaire delayes Whcrevppon hee fled with all his familie into England to 〈◊〉 earle of Northumberland intending with open disloyaltie both to reuenge his indignitie and recouer his losse The Englishmen with open armes enterteyned the opportunitie with whose helpe and assistance the Earle made diuerse incursions into Scotland where he burnt many 〈◊〉 and 〈◊〉 much people and daylye purchased with his sworde great aboundance of 〈◊〉 and spolle Heerevppon King Robert depriued the Earle of his honour seazed all his goods and possessions and wrote vnto King Henry as hee would haue the much betweene them any longer to continue eyther to deliuer vnto him the Earle of Marche and other ●aytours to his person and state or else to banish them the realm of England King Henrye perceiuing such iarres to iogger betweene the two realmes that the peace was already as it were out of ioynts determined not to loose the benefit of the discontented subiects of his enemie wherevppon hee returned aunswer to the Heralde of Scotland that hee was neyther wearie of peace not fearefull of warres and ready as occasion should change eyther to holde me one or hazard the other but the worde of a Prince was of great weight and
therefore sithe hee had graunted a safe conduct to the Earle of Marche and his companie it were an impeachment to his honour without iust cause to violate the same Vppon this answere the King of Scottes did presently proclaime open warre against the King of England with bloud fire and sworde King Henry thought it policie rather to begin the warre in his enemies countrie then to expect it in his owne because the land which is the 〈◊〉 of the warre dooth commonly furnish both sides with necessarie supply the friend by contribution and the enemie by spoyle Therefore sending certaine troopes of horsemen before him both to espie and to induce an vncertaine terrour vppon the enemie hee entred into Scotland with a puissant armie wherewith hee burnt many Villages and Townes cast downe diuerse Castles and ruined a great part of the Townes of Edenborough and Lith sparing nothing but Churches and religious houses so that in all places as he passed the spectacle was ouglie and grislie which hee left behind him bodyes torne in peeces mangled and putrified limmes the ayre infected with stincke the ground imbrued with corruption and bloud the countrie wasted the Grasse and Corne troden downe and spoyled insomuch as a man would haue sayde that warre is an exercise not of manhood but of inhumanitie They that fledde before the armie filled all places with feare and terrour extolling aboue truthe the English foreces to deminish thereby their shame in running from them In the end of September the King besieged the Castle of Maydens in Edenborough wherein were Dauid Duke of Rothsaye Prince of the realme and Archibald● Earle Dowglasle the inconstancie of the one and ambition of the other were principall causes of all this warre During this siege Robert Duke of Albonye who was appointed gouernour of the Realme because the King was sicke and vnable to rule sent an Herauld vnto Henrie assuring him vppon his honour that if hee would abyde but sixe dayes at the most hee would giue him battaile and eyther remooue the siege or loose his life The King was well pleased with these tidings and rewarded the Herauld with a gowne of silke and a chaine of gould and promised him in the worde of a Prince to abide there and expect the gouernour during the tyme by him prefixed The sixe dayes passed almoste sixe tymes ouer and no more newes was heard of the Gouernour eyther by presence or by messenger Winter came on and victuaile fayled the Country was colde and fruitelesse and it rayned euery day in great aboundance so that partly by hunger partlye by distemperature of the weather the Soldiers began to dye of the Flixe it is verie like that these accidentes stayed the Gouernour from performing his promise for pollicy was against it to hazard his men in the fielde when winter and want two forceable foes had giuen the charge vpon his enemyes certaine it is that they mooued the King to remooue his fiege and to depart out of Scotland without any battaile or skirmish offred Both the Wardens of the Marches were all this time in Scotland with the King vpon which aduantage the Scots did breake into Northumberland and burnt certaine townes in Bamborough shire The English men were speedilie vp in armes but the Scottes more speedily made theyr returne or else no doubt they had been met with and encountered Agayne when King Henry had discharged his armie the Scottes beeing desirous not so much of lyfe as of reuenge made a sodayne roade into England vnder the conduct of Sir Thomas Halsbarton of Dirleton and Sir Patricke Hebburne of Hales but all the harme which they wrought dyd rather waken then weaken the Englishmen and they themselues were somewhat encouraged but nothing enryched by that whych they got Not long after Sir Patricke Hebburne beeing lifted vp in desire and hope resolued to vndertake a greater enterprise the people which are 〈…〉 by prosporous successe in great companies resorted to him but hee was loath to haue more fellowes in the spoyle then hee thought should neede in the daunger therefore with a competent armie of the men of Loughdeane he inuaded a Northumberland where hee made great spoile and loaded his Souldiours with prisoners and pray There was no question made what perill might bee in the returne Therefore they marched loosene and 〈…〉 as in a place of great securitie not keeping themselues to their ensignes and order but the Earle of Northumberlands Vice-warden and order Gentlemen of the borders in good arraye set vppon them at a towne in Northumberland called 〈◊〉 The scottes rallied as well as the soddainnesse did serue and valliantlie receiued the charge so that the battaile was sharpe and 〈◊〉 and continued a good time with great mortalitie In the ende the enemyes ranckes grew thinne as being rather confusedly shuffled together then orderly and firmlie compacted and when the Vice-warden 〈◊〉 them weake in the shock and yeelding vnder his hand with a companie which purposel●e reteyned about him for sodaine disp●tene● and chaunces of warre he flercely charged and disordered them Sir Patricke Hebburne being cleane destitute both of counsaile and courage ranne vp and downe from one place to another commaunding many things and presently forbidding them againe and the lesse of force his directions were the oftener did hee change them anone as it happeneth in lost and desperate cases euerye man became a commaunder and none a putter in execution so the ranket loosed and brake and could not bee reunited the victor hoatly pursuing the aduantage Then might you haue 〈◊〉 a grieuous spectacle pursuing killing wounding and taking and killing those that were taken when better were offered euery where weapons and dead bodyes and mangled lim● laye scattered and sometimes in those that were slaine appeared at their death both anger and valure Sir Patricke Hebburne thought of nothing lesse then eyther fleeing or yeelding but thrusting among the thickest of his enemyes honourably ended his life Many other of his linage and the flower of all Loughdeane were likewise slaine There 〈…〉 side no great number was slaine and those of no great seruice and degree And with these troubles the first yeere of King Henrie the fourth ended ⸫ FINIS LONDON Printed by Iohn VVolfe and are to be sold at his shop in Popes head alley neere the Exchange 1599. Crastino purificationis 1388 1389 1390. 1392 1393 1397 1398 Tranquil in caligula Tacitus in proaemio Ierem. 25. 9. Ezech. 29. 18. Ierm 29. 7. Baruch 1. 11. So did D●mitian put to death Epaphroditus Neroes libertine because he helped Neroe although in loue to kill himselfe So did Seuerus kill all the killers of Pertinax his prodecessour and likwise Vitellius did put to death all the murtherers of Gal●a Theophilus Emperour of Grecia caused all those to be slaine who had made his Father Emperour by killing Leo Armenius And Alexander the great put to cruell execution those that had slaine Darius his mighty and mortall enemy Deut. 17. 12. Psal 105. Exod. 22. 28. Act. 23. 5. Rom. 13. 1. 13. Tit. 3. 1. 1 Pet 2. 13 14. 17. 1. Tim. 2 2. Rom. 1● 2. Iohn 19. 〈◊〉 Cap. ●5 1. 2. Chro. 36. 22. 2. Chron. 19. 6. Psal. 28. Sap. 6. Quintil in declam Cic. offic lib. 1. Nehem. 9. 37. Alphons a cast in lib. de haeresi in verb. Tyrannus Dominie Soto lib. 5. de iust et iur q. 1. artic 3.