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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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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 whatsoeu●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 common● 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 ha●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 ●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 a● 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 band●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 groūded vpon iust desert but either vpon false suggestions of their enemies or erronious mistaking a● 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
Lancashire and Cheshire men to the intent to make ware on the foresaid Lords and suffered them to robbe and spoile without correction or reproofe 6 Item that although the king flatteringly and with great dissimulation made proclamation throughout the realme that the Lords aforenamed were not attached for any crime of treason but onely for extortions and oppressions doone within the realme yet he laide to them in the Parlament rebellion and manifest treason 7 Item he hath compelled diuers of the said Lords seruants by menace to make great fines extreame paiments to their vtter vndooing and notwithstanding his pardon to to them graunted he made them fine a new 8 Item where diuers were appointed to common of the estate of the realme and the commonwealth of the same the king caused all the roules records to be kept frō them contrary to his promise made in parlament to his opē dishonor 9 Item ●e vncharitably commaunded that no man vpon paine of losse of life and goods should once entreate him for the returne of Henrie now duke of Lancaster 10 Item where the realme is houlden of God and not of the Pope or any other Prince the said King Richard after he had obteyned diuers acts of Parlament for his owne peculiar profit and pleasure then he procured Bulles and extreame censures from Rome to compell all men streitly to keepe the same contrary to the honour and auncient priuiledges of this realme 11 Item although the Duke of Lancaster had done his deuoyre against Thomas Duke of Northfolke in proofe of his quarrell yet the said king without reason or ground banished him the realme for ten yeares contrarie to all equitie 12 Item before the Dukes departure he vnder his broad Scale licenced him to make atturneys to prosecute and defend his causes the said king after his departure would suffer none atturney to appeare for him but did with his at his pleasure 13 Item the said king put out diuers Shiriffes lawfully elected and put in their roomes diuers others of his owne minions subuerting the lawe contrarie to his oath and honour 14 Item he borowed great summes of money and bound himselfe vnder his letters patents for the repayment of the same and yet not one peny paide 15 Item he taxed men at the will of him and his vnhappie counsaile and the same treasure spent in folly not paying poore men for their vittaile and viand 16 Item he said that the lawes of the realme were in his head and sometimes in his brest by reason of which phantasticall opinion he destroyed noble men and impouerished the poore commons 17 Item the parlament setting and enacting diuers notable statutes for the profit and aduancement of the commonwealth he by his priuie friends and solicitours caused to be enacted that no acte then enacted should be more preiudiciall to him then it was to his predecessours thorow which prouiso he did often as he list and not as the lawe ment 18 Item for to serue his purpose he would suffer the Shiriffes of the shires to remaine aboue one yeare or two in their office 19 Item at the summons of parlament when the Knights and Burgesses should be elect and the election had fully proceeded he put out diuers persons elected and put in others in their places to serue his will and appetite 20 Item he had priuie espials in euery shire to heare who had of him any communication and if he communed of his lafciuious liuing and outragious dooing he straightwayes was apprehended and made a grieuous fine 21 Item the spiritualtie alledged against him that he at his going into Ireland exacted many notable summes of money beside Plate and Iewels without lawe ot custome contrary to his oath taken at his coronation 22 Item when diuers Lordes and Iustices were sworne to say the trueth of diuers things to them committed in charge both for the honor of the realme and profit of the king the said king so menaced them with sore threatnings that no man would or durst say the right 23 Item that without the assent of the Nobilitie he caryed the Iewels and Place and treasure ouer the sea into Ireland to the great impouerishing of the realme and all the good recordes of the common wealth against his extortions he caused priuily to be embeaseled and caryed away 24 Item in all leagues and letters to be concluded and sent to the sea of Rome and other regions his writing was so subtill and darke that no other Prince durst once beleeue him nor yet his owne subiects 25 Item he most tyranouslie and vnprincely said that the liues and goods of all his subiects were in the Princes hands and at his disposition 26 Item that he contrarie to the great Charter of England caused diuers lustie men to appeale diuers olde men vpon matters determinable at the common law in the court Marciall because that in that court is no triall but onely by battaile whereby the sayd aged persons fearing the sequell of the matter submitted themselues to his mercie whom he fined and ransomed vnreasonably at his pleasure 27 Item he craftily deuised certaine priuie oathes contrarie to lawe and caused diuers of his subiects first to be sworne to obserue the same and after bound them in bands for surer keeping the same to the great vndooing of many honest men 28 Item where the Chancellour according to lawe would in no wise graunt a prohibition to a certaine person the king graunted it vnto the same person vnder his priuie ●eale with great threatnings if it should be disobeyed 29 Item he banished the Bishop of Canterburie without cause or iudgement and kept him in the Parlament Chamber with men of armes 30 Item the bishops goods he graunted to his successor vpon condition that he should maintaine all his statutes made at Shrewsburie Anno. 21. and the statutes made Anno 22. at Couentree 31 Item vppon the accusation of the Archbishop the king craftily perswaded the said Bishop to make no answer for he would be his warrant and aduised him not to come to the Parlament and so without answere he was condemned and exiled and his goods seazed Foure other Articles were laide which particularlie did concerne the said Archhishop by whose dooing chiefly the king was vtterlie vndone Then was demaunded of the Nobilitie and commons of the realme what they iudged both of the trueth and desert of these articles who all agreed that the crimes were notorious and that king Richard was worthie for the same to be deposed from his princely dignitie The noble men gaue their voyces part corrupted by fauour part awed by feare and the commons are commonly like a flocke of Cranes as one dooth flye all will follow Herevpon Commissioners were appointed by both the houses who pronounced sentence of deposition against king Richard in manner and forme as followeth In the name of God Amen VVe Iohn Bishop of S. Asses I. Abbote of Glastenburie Thom. Earle of Gloucester Thom. Lord