c. 5 Item how are they to be punished who resisted or letted the King in exercising his royall power by remitting any penalties or debts whatsoeuâ—r 6 Item when a Parliament is assembled and the affaires of the Realme and the cause of assembling the Parliament by the Kings commaundement declared and commonâ— Articles limited by the King vpon which the Lordes and commons in the said Parliament should proceed if the Lords commons will proceed vpon other Articles and not vpon the Articles limitted by the King vntill the King hath first giuen answere to the Articles propounded by them notwithstanding that the contrarie were enioyned by the King whether in this case the King ought to haâ—e the rule of the Parliament and so to order the fact that the Lordes and commons should first proceede vpon the Articles limitted by the King or that they should first haue answere of the King vpon the Articles propounded by them â—efore they proceede any further 7 Item whether may the King when he pleaseth dissolue the Parliament and commaunde the Lordes and commons to depart or no 8 Item since the King may aâ— his pleasure remoue any of his Officers and Iustices and punish them for their offences Whether may the Lordes and commons without the Kings will accuse his Officers and Iustices in Parliament for their offences yea or no 9 Item what punishment haue they deserued who 〈◊〉 in Parliament that the Statute whereby King Edward Carnaruane was deposed should be brought forth by view whereof the new Statute ordinance and commission aforesaid were framed 10 Item whether the iudgement giuen in the last Parliament holden at Westminster against Michael Delapoole Duke of Suffolke was erronious and reuocable yea or no These questions or rather quarrelles were drawne by Iohn Blake a Counceller at the Law by direction of Iustice Trisilian whilest the King made his stay in Wales to the which the Iustices afore-named some in discharge of their owne malice and some to satisfie the mindes of other made answere as followeth To the first that they did derogate from the prerogatiue of the King because they were against his will To the second and third that they are to be punished by death except it pleaseth the king to pardon them To the fourth and fifth that they are worthy to be punished as traitours To the sixth that whosoeuer resisteth the kings rule in that point deserueth to be punished as a traitour To the seuenth that the king may at his pleasure dissolue the Parliament and whosoeuer shall afterwards proceed against the kings minde as in a Parliament he is worthy to be punished as a traitour To the eighth that they can not and whosoeuer doeth the contrary he deserueth to be punished as a traitour To the ninth that aswell the motioner as also the bringer of the sayd statute to the Parliament are worthy to be punished as traitours To the tenth they answered that the said iudgement seemed to them erronious and reuocable in euery part In witnesse whereof the iustices aforesayd with Iohn Locktone the kings sergeant at law haue subscribed and set their seales to these present c. When these bloody sentences of death and treason were vnder generall large termes thus fastened vpon the lords the king supposed his attempts against them whether by violence or by couler of law sufficiently warranted but his power both wayes as it was terrible against weake resistance so against such mighty defendants it was of small force to effect that which he so much affected Yet he did not omit his best indeuour and first accounting the lordes as condemned persons he made diuision of their lands and goods among those that he fauououred Then he waged souldiers to be in a treadinesse for his assistance and sent the earle of Northumberland to arrest the earle of Arundell at his castle in Reygate where he then lay But the earle of Arundell either vpon aduertisement or suspition of the kings minde bandâ—d himselfe so strong that when the earle of Northumberland came vnto him he dissembled his intent and left his purpose vnperformed Thus were these proceedings of the king as now in counsell so afterwards in euent not much vnlike that which the Fable telleth of a certaine hunter who first solde the skinne of the beare and then went about to take her but when he came within the forrest either by vnskilfulnesse or misaduenture he not onely missed his pray but fell himselfe into danger of the beast The duke of Gloucester hauing secret intelligence of the kings displeasure and of his drift sent the bishop of London to perswade the king to entertaine a more fauourable opinion of him making faith to the bishop with a solemne oath that he neuer entended any thing to the preiudice of the king either in person or state The Bishop not vnskilfull to ioyne profitable perswasion with honest declared to the king that his displeasure against the Lords was not grouÌ„ded vpon iust desert but either vpon false suggestions of their enemies or erronious mistaking aâ— some of their actions how desirous they were of his grace and fauour how faithfull and forward they promised to persist in all dutifull seruice how honourable this agreement would be to the king how profitable to the realme and how daungerous to both these troubles might encrease The king seemed to giue good eare credit to the bishops speech but Michael Delapoole a turbulent man and against quiet counsell obstinately contentious standing then by the king soone stiffened his minde against all impression of friendship Heereupon contention did arise betweene the Bishop and the Earle and brake forth violently into heat of words The Earle applied to the Lordes those obiections wherewith great men are vsually charged sparing no spight of speech and vsing all arte to aggrauate matters against them The bishop replied that the Earle was thus fiercely bent not vpon his owne necessity nor loue to the king but onely to satisfie his bloody and ambitious humour wherein he was so immoderate that rather then the lords should not be destroyed he would ouerwhelme them with the ruines of the state for tumults might in deed be raised by men of little courage but must be maintained with the hazzard and ended with the losse of the most valiant that neither his counsell in this matter was to be followed being the principall firebrand of the disturbance not his complaints against any man to be any thing regarded being himselfe a condemned person and one that held both his life and honour at the pleasure of the king At these words the king was exceedingly wroth and charged the bishop with menacing threats to auoid his presence When the duke of Glocester had knowledge heereof he signified the daunger to the earles of Arundell Warwicke and Derbie aduising them to take armes and vnite themselues for their common defence for in so doubtfull and suspected peace open warre was the onely hope of safety
others of that faction ran euery man like connies to their couerte Yea the king betooke himselfe to the Tower of London and there made prouision for his winter aboade hauing all his courses now crossed first rashnesse in taking armes and afterwards by cowardise in maintaining them The Earle of Darby signified this successe to his associates by letters yet without any vauÌ„ting or enlarging tearms his speaches also were moderate rather exstenuating his fact then extolling it but by stopping his fame it much increased when men esteemed his high thoughtes by his lowely wordes and his conceite in great exploites by his contempt of this Then the Lords met and marched together towards London whether they came vpon S. Stephens day hauing almost forty thousand men in their armie first they shewed themselues in battaile array in the fieldes neare vnto the Tower within the viewe of the King afterwardes they tooke vp their lodging in the suburbes the Maior and aldermen of the citty came forth and gaue liberall allowance of victuall to the souldiers offering vnto the Lordes entertainment within the Citty but they did not accept it Now this discord seemed to draw to a dangerous distraction of the common-wealth the vanquished parte being ful of malice and the conquerors of presumption the one wanting power the other right to command and rule The Archbishop of Canterbury and certaine others of the neutrality fearing the sequele perswaded the king to come to a treaty with the lordes but he made shewe of very light regarde of all these dealings let them stay saide hee vntill they haue wearied themselues with maintaining this multitude and then I will talke further with them When the lordes vnderstood the drift of his deuise they beset the thames all other passages and protested that they woulde not departe vntill they had talked with him to his face The king hauing neyther strength to resist nor scope to scape conseÌ„ted to a treaty and to that end desired the lordes to come to him into the Tower but they refused that place of meeting vpon feare of false measure vntill the king permitted them to search as diligently and come as strongly as they thought it meete So they came vnto the King well guarded and after a fewe colde kindnesses and strange salutations they laide before him his proceedings against them at Nottingham his letters which he sent to the duke of Ireland contrary to his worde for the raysing of armes against them his agreement with the French King for the yeelding vp of Callice and other strong holdes which he possessed in those parts with diuers other pointes of dishonourable dealing and negligent gouernment What should the King then haue said or done all these matters were so euident and so euill that there was no place left either for deniall or defence Therefore ingenuously first with silence and patience afterwardes with teares he confessed his errors And certainely the stiffe stomack of the lordes relented more to these luke warme drops then they would haue done to his cannon shot Then it was agreed that the next day the King shoulde meet with them at westminster and there treat further both of these and other necessarie affaires of the realme So the Duke and the rest of the lords departed except the earle of Darby who stayed supper with the king and all that time stayed him in his promised purpose but when hee was also gone some of the secrete counsailers or corrupters rather and abusers of the King whistled him in the eare that his going to Westminster was neither seemely nor safe and would cause not onely to his person present danger and contempt but also both abasement and abridgement to his authority afterwards The Kings minde was soone changed but the Lords being now stirred and feeling the Kings hand weake to gouerne the bridle became the more vehement and sent him worde that if hee did ieofaile with them and not come according to appointment they would chuse another King who shoulde haue his nobility in better regard This peremptorie message so terrified the King that he not onely went to Westminster but suffered the Lords to doe there euen what they woulde So they caused him much against his liking to remooue out of the courte Alexander Neuill Archbishop of Yorke Iohn Foorde Bishop of Durisme Frier Thomas Rushoke Bishop of Chichester the kings Confessor Likewise they remoued the Lord Souch the Lord Haringworth Lord Burnell Lord Beaumonte Sir Albred Vecre Sir Baldewine Bereford Sir Richard Alderburie Sir Iohn Worth Sir Thomas Clifford Sir Iohn Louell taking suerties for their appearaÌ„ce at the next Parliament Also certaine Ladies were expelled the Court and put vnder suerties to wit the Lady Mowen the Lady Moling and the Lady Ponings which was the wife of Sir Iohn Woorth Furthermore they arested Simon Burlye William Elinghame Iohn Salisburie Thomas Triuet Iames Berneis Nicholas Dagworth and Nicholas Brambre Knights Richard Clifforde Iohn Lincolne and Richard Motford Clearkes Iohn Beauchampe the Kings Steward Nicholas Lake Deane of the Kings Chappell and Iohn Blake counceller at the Law all these were committed to diuers Prisons where they were forth-comming but not comming foorth vntill the Parliament next following After the feast of the Purification the Parliament began at London and yet the King vsed many meanes either to dash or deferre the same to which the Lordes came attended with the number and strength of a full armie vpon colour to represse any ryote that might happen to arise but in truth that by this terrour they might draw the whole manage of affaires vnto themselues This assembly continued vntill Whitsontide next following with verie great feare of some men and hope of others and expectation of all Herein was Iustice Trisiliane by counsaile of the Lordes against the Kings minde condemned to bee drawne and hanged which iudgement was presently executed vpon him the like sentence and execution passed vpon Sir Nicholas Brambre Sir Iohn Salisburie Sir Iames Barneis Iohn Beauchampe the Kings steward and Iohn Blake Esquire who had framed the Articles which were exhibited against the Lordes at Nottingham Also the Iustices who gaue their iudgement concerning those Articles Robert Belkâ—ape Iohn Holte Roger Fulthorpe and William Burghe were condemned to perpetuall exile and yet they did not interpose themselues but intermeddle by constraint Sir Simon Burlye was also beheaded who was keeper of Douer Castle and had conspired to deliuer the same vnto the Frenchmen hee was infinitely haughtie and proude equall to the meanest in virtue and wisedome but in brauerie and traine inferiour to no Duke Diuers other were either put to death or banished and some as it happeneth when the reyne of furie is at large without any great cause The Earle of Derby furthered no mans death but laboured verie instantly for the life and libertie of many in so much as hoat speeches did arise betweene the Duke of Gloucester and him whereby he purchased a fauourable opinion
Lordes concerneth a matter of great consequence and weight the determining whereof will assuredly procure eyther safe quiet or daungerous disturbance both to our particular consciences and also to the common state Therefore before you resolue vppon it I pray you call to your considerations these two things First whether King Richard be sufficiently deposed or no Secondly whether King Henrie be with good iudgement or iustice chosen in his place For the first point we are first to examine whether a king being lawfully and fully instituted by any iust title may vppon imputation eyther of negligence or of tyrannie be deposed by his subiects Secondly what King Richard hath omitted in the one or committed in the other for which he should deserue so heauie iudgement I will not speake what may be doone in a popular state or in a consular in which although one beareth the name and honour of a Prince yet he hath not supreme power of Maiestie but in the one the people haue the highest empire in the other the Nobilitie and chiefe men of estate in neyther the Prince Of the first sorte was the common wealth of the Lacedaemonians who after the forme of gouernement which Licurgus framed oftentimes fined oftentimes fettered their Kings and sometimes condemned them to death such were also in Caesars time the petit Kings of euery Citie in Fraunce who were many times arreigned vppon life and death and as Ambiorix Prince of the Leodienses confessed had no greater power ouer the people then the people had ouer them Of the second condition were the Romaine Emperours at the first of whome some namely Nero and Maximinus were openly condemned others were sodainlie surprised by iudgement and authoritye of the Senate and such are nowe the Emperours of Germany whom the other Princes by their Aristocraticall power doe not onely restrayne but sometimes also remooue from theyr imperiall state such are also the Kinges of Denmarke and Sweueland who are many times by the nobilitye deiected eyther into pryson or into exile such likewise are the Dukes of Venice and of some other free states in Italy and the chiefest cause for which Lewes Earle of Flanders was lately expelled from his place was for drawing to himselfe cognisance in matters of life and death which high power neuer pertayned to his dignitie In these and such like gouernmentes the Prince hath not regall rightes but is himselfe subiect to that power which is greater then his whether it be in the Nobility or in the common people But if the Soueraigne Maiesty be in the Prince as it was in the three first Empires and in the Kingdomes of Iudea and Israell and is now in the kingdomes of England Fraunce Spaine Scotland Muscouia Turky Tartaria Persia Aethiopia and almost all the Kingdomes of Asia and Africke although for his vices he bee vnprofitable to the subiectes yea hurtfull yea intollerable yet can they lawfully neyther harme his person nor hazard his power whether by iudgement or els by force for neyther one nor all Magistrates haue any authority ouer the Prince from whome all authority is deriued and whose onely presence doeth silence and suspend all inferiour iurisdiction and power As for force what subiecte can attempt or assist or counsaile or violence against hys Prince and not incurre the high and heynous crime of treason It is a common saying thought is free free indeede from punishment of secular lawes except by worde or deed it breake foorth into action Yet the secret thoughts against the sacred maiesty of a Prince without attempt without endeuour haue beene adiudged worthy of death and some who in auriculer confession haue discouered their treacherous deuises against the person of their Prince haue afterwardes beene executed for the same All lawes doe exempt a madde man from punishment because theyr actions are not gouerned by theyr will and purpose and the will of man being set aside all his doings are indifferent neyther can the body offend without a corrupt or erronious minde yet if a mad man draw hys sword vpon his King it hath bin adiudged to deserue death And least any man should surmise that Princes for the maintenance of theyr owne safety and soueraignety are the onely authors of these iudgementes let vs a little consider the patternes and preceptes of holy Scripture Nabuchadnezzer King of Assiria wasted all Palestine with fire and swoord oppugned Hierusalem a long time and at the last expugned it slue the King burnt the Temple tooke away the holy vesselles and treasure the rest hee permitted to the cruelty and spoyle of his vnmercifull soldiers who defiled all places with rape and slaughter and ruinated to the ground that flourishing Citty after the glut of this bloudy butchery the people which remayned he led Captiue into Chaldaea and there erected his golden Image and commaunded that they which refused to worship it should bee cast into a fierye furnace What crueltye what iniustice what impiety is comparable to this and yet God calleth Nabuchadnezzer his seruant and promiseth him hyre and wages for his seruice and the Prophetes Ieremiah and Baruch dyd wryte vnto the Iewes to praye for the lyfe of him and of Baltasar hys Sonne that theyr dayes myght bee vppon earth as the dayes of Heauen and Ezechtel with bitter termes abhorreth the disloyalty of Zedechia because he reuolted from Nabuchadnezzer whose homager and tributary he was What snall we say of Saul did he not put all the Priestes to execution because one of them did relieue holy and harmelesse Dauid did he not violently persecute that his most faithfull seruant and dutiful Sonne in laws during which pursuite he fell twice into the power of Dauid who did not onely spare but also protect the King and reprooued the pretoâ—an souldiers for their negligent watch and was touched in heart for cutting away the lappe of his garment and afterwards caused the messenger to be slaine who vpon request and for pitty had lent his hand as he said to help forward the voluntary death of that sacred King As for the contrary examples as that of Iehu who slue Iehoram and Ahazia Kings of Israell and Iuda they were done by expresse oracle reuelation from God and are no more set downe for our imitation then the robbing of the Aegyptians or any other perticuler and priuiledged commaundement but in the generall precept which all men must ordinarily follow not onely our actions but our speeches also our very thoughtes are strictly charged with duety and obedience vnto Princes whether they be good or euill the law of God ordaineth that he which doth presumptuously against the ruler of the people shall dye and the Prophet Dauid forbiddeth to touch the Lords annointed Thou shalt not saith the Lord rayle vpon the iudges neither speake euill against the ruler of the people And the Apostles do demaund further that euen our thoughtes and soules bee obedient to higher powers And least