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 â—â—â—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 â—â—â—â—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
hee should vnder-take the warre in person or commit it to coÌ„manders 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 withstandiâ—g example hereof happened wheÌ„ the Romaines ouercame this Iland for many Britanes who vpon no coÌ„ditious would abide boÌ„dage withdrew theÌ„selues 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 theÌ„ 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 SalomoÌ„ saith The honour of a king coÌ„sisteth 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 superstitiâ—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 subiâ—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 theÌ„selues 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
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 Exceâ—â—â— 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. Assaphâ—â— and 〈◊〉 William Parrâ— 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 distempeâ—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 theyâ— 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 â—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 earâ—â— 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
to relent they decreased euery daye more and more both in power and in hope King Henrie the next morning after hee was come to the Tower sent to the Maior of the Citie to put Souldiours in armes for his resistance who presentlye presented vnto him three thousand Archers and three thousand bill men besides those that were appointed for defence of the Citie The King spent vpon him many good speeches and liberally loaded him with promises and thanks and soone after he issued out of London with twentie thousand tall men and came to Hounslowe Heath abiding there and as it were daâ—ing his enemyes to ioyne issue in the field contemning theyr disorderlye multitude as a vayne terrour of names without forces But the confederates eyther for feare of the Kings power or for distrust of theyr owne or else lingring perhappes after some succour out of Fraunce refused the encounter and doubtfull it is whether they shewed greater courage in setting vp the danger or cowardise in declining it when it was presented vnto them So they departed from Colebrooke to Sunnings a place neere Redding where Queene Isabell King Richardes wife did then abyde to whom vppon the plaine trueth before declared fame had falslye descanted that King Richard was escaped out of prison and did lye at Pomfret with a hundred thousand armed men and that King Henrie for feare of him was fledde with his children and friendes to the Tower of London All which was as lightlye beleeued as it was vainlye toulde wherevppon shee defaced King Henries armes and plucked away his cognisance from those his seruants that attended vppon her and hauing in some sorte satisfied her womannish anger with this harmelesse spight she and the Lordes departed together first to Wallingforde and from thence to Abington stirring the people by the waye to take armour and to rise in ayde of king Richard who was saide they and is and should be their Prince At the last they came to Chichester and there the Lordes tooke theyr lodgings the Duke of Surrey and the Earle of Salisburie in one Inne the Duke of Exceter and the Earle of Gloucester in another and all the hoast encamped in the fields But the Bayliffe of the towne suspecting all this countenance to be but the vaine flashe of a false fire did in the night with about foure score Archers beset and set vpon the house where the Duke of Surrey and the Earle of Salisburie laye who were men but of weake resistance by nature but being put vpon necessitie shewed great manhood and persistance in defending themselues against the townsmen The Duke of Exceter and the Earle of Gloucester being in another Inne were not able by force to rescue their associates wherevpon a certaine Priest of their companye set diuers houses in the towne on fire supposing thereby to diuert the townsmen from theyr assault to the sauing of their houses and of their goods but this fire greatly inflamed their furie and made them more obstinate in their attempt crying out that they would neuer labour to rescue their losses but to reuenge them and that with the bloud of the Lordes those flames should be quenched Then there arose confused clamours and noyses all the towne being in an vproare and in armes shooting fiercelie and running vpon the Lords with a rashe and desperate rage not caring to loose many wherof they had many to spare When the Earle of Exceter and they that were with him perceiued the force of the assaylants daungerouslie to encrease and that it was impossible for a few to susteine the furie of so many so obstinately bent they fledde out of the backe side towards the campe intending to bring the whole army to the rescue but the soldiers hauing heard a tumuâ—â— and seeing fire within the towne supposed that the King was entred with all his puisance whereupon being strooke with a sodaine and false feare and wanting a commaunder of courage to confirme them they ran away and dispearsed themselues without measure and so whilest euery man endeuoured to saue himselfe all were brought to theyr confusion Thus the Duke of Surrey and the Earle of Salisbury the Lords Gentlemen which were in their company were left to defend themselues against the townsemen as they coulde who manfully maintained the fight with great bloudshed of theyr enemies from midnight vntill three of the clocke the next day in the after noone at the last being inferiour both in number and fortune the Duke and the Earle were wounded to death and taken and the same euening theyr heades were stricken off and sent to London there were also taken Sir Bennet Shelley Sir Bâ—â—nard Brokas Sir Thomas Blunt and 28. other Lordes Knights and Gentlemen who were sent to Oxford where the King then lay and there were put to execution The Duke of Exceter when he found the army dispersed and fled fled likewise with Sir Iohn Shelley into Essex lamenting the certaine destruction which his rashnesse had procured to himselfe and to his friends but moste especially to King Richard if not as a party yet as a cause of this vnhappy tumult many times he did attempt to haue escaped by sea into Fraunce but he was alwayes driuen backe by distresse of weather and so wandring and lurking in secret places hee was at the last attached as hee sat at supper in a certaine friendes house and led to Plashy and there shortly after beheaded so that a man might probably conâ—ecture that the death of the Duke of Glocester was then brought in reckoning who by his counsell and contryuance chiefly in the same place had been apprehended An excellent example for all those which measure their actions eyther by their pleasure or by their power that reuenge of iniurious dealing although it be prolonged yet doth neuer faile but commeth surely although perhappes slowly This duke was a man of high parentage of a franke minde and wealth answerable thereunto openly praiseâ— worthy but his secret actions were hardly spoken of he was of consent to all his brothers vices and of counsaile to many yet somewhat the more close and vigilant man and not so much partaker of his prosperity as violently carried with the current of his misery The Earle of Gloucester fled towardes Wales but was forelayed and taken and beheaded at Bristow Magdalenâ— the counterfeite of King Richard flying into Scotland was apprehended and brought to the Tower and afterward hanged and quartred with W. Ferby another of King Richards Chapleines Diuerse other Lordes and Knights and Gentlemen and a great number of meane and base persons were in other places put to death insomuch as the King though otherwise of a very temperate and intreatible nature seemed to shew too hard and haughty dealing in reuenging his owne iniury or rather maintaining the iniury he had done the heads of the chiefe conspiratours were pitched vpon poles and set ouer London Bridge in all other partes of the realme a spectacle both lamentable and
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 eâ—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 â—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 Hâ—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 â—euenge and if their vnited forces was much to be regarded theâ— seperate are powers was not altogether to bee conâ—â—â—ed Therefore the later plinâ—â—â— 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 streigâ— that they left them neither space to fight nor way to flie but without force enforced them to yeelde they sent to Hreâ—â—â—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 〈◊〉 â—â—â—her couetous for spoyâ—e 〈…〉 for blood â— 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 Herenâ—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