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A34718 The histories of the lives and raignes of Henry the Third, and Henry the Fourth, Kings of England written by Sr. Robert Cotton and Sr. John Hayvvard. Cotton, Robert, Sir, 1571-1631.; Hayward, John, Sir, 1564?-1627. 1642 (1642) Wing C6494; ESTC R3965 119,706 440

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these Lords or by any Officers under them he should prove his complaint receive recompence It was made a question whether it was not meet that these Noble men should be put to death the importunity of the people and the perswasion of many great men drew that way but policy was against it and especially the opinion of clemency which seemed needfull to the setling of a new risen state In this Parliament also the Lord Fitzwater appealed the said Duke of Aumerle Sonne to the Duke of Yorke upon points of High treason likewise the Lord Monley appealed Iohn Montacu●e Earle of Salisbury and more then twenty other appealants waged battaile but the King purposing to lay the foundation of his Realme by favour and not by force gave pardon and restitution alike to all upon sureties and band for their allegeance and in a sweet and moderate oration hee admonisheth and as it were intreated the one part that old griefes and grudges should not bee renewed but buried together with the memory of former times wherein men were forced to doe many things against their minds the other part hee desired to bee more regardfull of their actions afterwards and for the time past rather to forget that ever they were in fault then to remember that they were pardoned No punishment was laid upon any save onely the Earle of Salisbury and the Lord Morley who had beene in especiall grace and favour with King Richard● these two were committed to prison but at the sute of their friends they were soone released the rest the King received freely to favour but most especially the Duke of Aumerle and the Duke of Excester Lord Governour of Calis The Duke of Aumerle was cousen germane to both the Kings Iohn Holland Duke of Exeter was halfe brother to King Richard and brother in law to King Henry whose Sister the Lady Elizabeth hee had taken to wife The greatest matter that was enforced against them was their loialty unto King Richard a grievous crime among rebels because they did not onely stomack and storme at his dejection but stirre also more then others and assay to raise forces on his behalfe The Dukes boldly confessed the accusation that they were indeed unfortunately faithfull to King Richard but as those who once are false doe seldome afterwards prove soundly firme so they that have shewed themselves true to one Prince may the better bee 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 bee misliked of Princes so hee entred with them into great termes of friendship and put them in place neerest his person endeavouring by courtesie and liberalty to make them fast and faithfull unto him this fact was diversly interpreted according to mens severall dispositions some admiring the Kings moderation others disliking and disallowing his confidence and indeed although these meanes have to this purpose prevailed with some yet the common course may move us commonly to conjecture that there is little assurance in reconciled enemies whose affections for the most part are like unto Glasse which being once cracked can never bee made otherwise then crazed and unsound Furthermore to qualifie all prejudice and hard opinion which other Princes might chance to conceive King Henry dispatched Embassadours to divers Countries neere unto him to make it knowne by what title and by what favour and desire of all the people hee attained the Kingdome To the Court of Rome hee sent Iohn Trevenant Bishop of Hereford Sir Iohn Cheyney Knight and Iohn Cheyney Esquire into France hee sent Walter Sherlow Bishop of Durham and Lord Thomas Pearcy Earle of Worcester into Spaine hee sent Iohn Trevor Bishop of S. Assaphes and Sir William Parre and into Almaine hee sent the Bishop of Bangor and certaine other Most of these Princes as in a matter which little concerned either their honour or their harme seemed either not to regard what was done or easily to bee perswaded that all was done well But Charles King of France was so distempered at this dishonourable dealing with his Sonne in law King Richard that by violence of his passion hee fell into his old panges of phrensie and at the last by helpe of physick returning to the sobriety of his sences hee purposed to make sharpe warre upon that disloyall people as hee termed them for this injury against their lawfull and harmelesse Prince Many Noble men of France shewed themselves very forward to enter into the service but especially the Earle of Saint Paul who had married 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 novelties much abashed the Aquitanes who were at that time under the English subjection and plunged their thoughts in great perplexities Some were grieved at the infamous blemish of the English nation who had destained their honour with the spot of such disloyall dealing others feared the spoile of their goods and oppression of their liberties by the French-men against whose violence they suspected that the Realme of England being distracted into civill factions either would not attend or should not bee able to beare them out but the Citizens of Burdeaux were chiefely anguished in respect of King Richard partly fretting at his injury and partly lamenting his infortunity because hee was borne and brought up within their City And thus in the violence some of their anger some of their griefe and some of their feare in this sort they did generally complaine O good GOD said they where is the World become Saints are turned to Serpents and Doves into Divels The English nation which hath beene accompted fierce onely against their foes and alwayes faithfull to their friends are now become both fierce and faith lesse against their lawfull and loving Prince and have most barbarously betrayed him Who would ever have thought that Christians that civill people that any men would thus have violated all Religion all Lawes and all honest and orderly demeanure And although the Heavens blush at the view and the Earth sweat at the burthen of so vile a villany and all men proclaime and exclaime upon shame and confusion against them yet they neither feele the horrour nor shrinke at the shame nor feare the revenge but stand upon tearmes some of defence for the lawfulnesse of their dealing and some of excuse for the necessity Well let them bee able to blind the world and to resist mans revenge yet shall they never be able to escape either the sight or vengeance of Almighty God which we daily expect and earnestly desire to bee powred upon them Alas good King Richard thy nature was too gentle and thy government too mild for so stiffe and stubborne a people what King will ever repose any trust in such unnaturall subjects but fetter them with Lawes as theeves are with Irons What carriage hereafter can recover their credit What time will
with great vehemency often repeated but the Kings eares were stopped against all impression of manhood and as hee was unable to governe himselfe in his prosperous estate so was hee much lesse sufficient to wind out of these intricate troubles Therefore perceiving himselfe so straitly beset that hee could hardly either escape away or shift any longer hee desired speech with Thomas Arundel Archbishop of Canterbury and Lord Henry Pearcy Earle of Northumberland of whom the one hee had banished the other hee had proclaimed Traytour not long before These two came unto him and the King upon short conference understanding what stiffe stomacks they bare against him was content not to demand that which he saw hee could not obtaine and thereupon agreed that hee would relinquish his estate upon condition that an honourable living might be assigned him and life promised to eight such persons as hee would name the greatest number whom adversity did not alter This was then both readily and faithfully promised by the Archbishop and the Earle and afterward solemnely ratified by the Duke The King ceased not to entreat submisly and promise largely and as the nature is of men perplexed with feare above his ability and without measure the Earle encouraged him and declared that the Duke before he had obtained any aid secured by his oath the safety of the Kings person Then the King desired to talke with the Duke which was likewise promised and so the Archbishop and the Earle departed and the King removed to the Castle of Flint about eight miles distant from Chester to which place the Duke came to him Here the countenances and words of both were noted by them that were present the King seemed abject and base the Duke neither insulting nor relenting but comforting and promising friendly The King repeated many benefits and kindnesses that hee had shewed how in former time hee had spared the Dukes owne life and lately his Sonnes in regard whereof he desired him with such submisnes as was agreable rather with his necessity then his honour that hee would shew some pitty where hee had received such pleasure and permit him to enjoy his life with such private maintenance as was convenient for his estate The Duke put him in good comfort promising him assuredly that he would provide for his safety for which hee suffered himselfe to be solemnly thanked and thought it not much to have it accounted a great benefit Indeed from that time the King was kept safe and sure enough from binding any of the Dukes purposes neither could it so easily have beene discerned what had beene best for him to doe as that this which he did was the very worst for the same night he was brought by the Duke his army to Chester and from thence secretly conveyed to the Tower of London there to be kept safe untill the Parliament which was appointed shortly after to be holden Thus the King yeelded himselfe the 20. day of August being the 47. day after the Dukes arrivall so that his journeyes considered from Houldernesse in the North to London from thence to Bristow and so into Wales and back againe to Chester a man shall not easily travaile over the land in shorter time then he conquered it So friendly was fortune unto him that he either found or made a ready passage through all hinderances and lets and it seemed that hee needed onely to open his armes to meet and receive her as shee offered her selfe unto him All the Kings treasure and Iewels with his horses and all his fardage came to the Dukes hands and many that were in his company were afterwards also despoiled by the souldiers of Northumberland and Wales Some Writers affirme that the King did not yeeld himselfe but was forelaid and taken as he was secretly passing from Flint to Chester but the authority of others who lived in that time either in the plain view or certaine intelligence of these affaires who for their place could not but know for their profession would not but deliver the very truth hath drawne mee to follow their report which I find also received by some late Writers of as great deapth in judgement and choyce as any without exception that this age hath brought forth As the King was carried towards London certaine Citizens conspired to lay themselves in a wait by the way and sodainly to slay him partly for private grievances and partly for the cruelty that he had used towards the whole City but the Major upon intelligence prevented the practice rod forth in person with a convenient company to conduct him safely unto the Tower Shortly after the Duke came to London in solemne estate and sent forth summons in the Kings name for a Parliament to bee holden at Westminster the last day of September in the same yeare in the meane time he deliberated with his kindred kind friends concerning the order of his proceedings The Duke of Yorke who a little before had beene Governour of the Realme for the King then was the chiefest Directour of the Duke thought it best that King Richard should both voluntarily resigne and also solemnely be deposed by consent of all the States of the Realme for resignation onely would be imputed to feare and deprivation to force whereof the one is alwayes pitied the other envied but if both concurre and his desire be combined with his desert being willing to forsake that which he is adjudged worthy to forgoe then shall it appeare that he neither is expelled his Kingdome by meere constraint nor leaveth it without just cause This advice pleased the rest and for executing thereof upon the day of S. Michael which was the day before the Parliament should begin there assembled at the Tower Thomas Arundel Archbishop of Canterbury Richard Scroupe Archbishop of Yorke Iohn Bishop of Hereford Henry Duke of Lancaster Henry Earl of Northumberland Radulph Earle of Westmerland Lord Hugh Burnel Lord Thomas Barkly Lord Rose Lord Willoughby Lord Abergeiny The Abbot of Westminster the ●riour of Canterbury William Thirminges and Iohn Markeham Chiefe Iustices Thomas Stoke and Iohn Burback Doctours of Law Thomas Herpingham and Thomas Gray Knights William Forby and Dionis● Lopham publike Notaries and diver● others either not noted or not remembred When all were set in their places King Richard was brought forth apparelled in his Royall robe the diademe on his head the Scepter in his hand and was placed amongst them in a Chaire of estate Never was Prince so gorgeous with lesse glory and greater griefe to whom it was not disgrace sufficient to lose both the honour and ornaments of a King but hee must openly to his greater scorne renounce the one and deliver the other After a little pause and expectation the King arose from his seat and spake to the assembly these words or the very like in effect I assure my self that some at this present many hereafter will accompt my case lamentable either that I have
all doubt they make expresse mention of the evill For the power and authority of wicked Princes is the ordinance of God and therefore CHRIST told Pilate that the power which hee had was given him from above and the Prophet Esay calleth Cyrus being a Prophane and Heathen Prince the Lords annointed For God stirred up the Spirit even of wicked Princes to doe his will and as Iehosaphat said to his Rulers they execute not the judgement of man but of the Lord in regard whereof David calleth them Gods because they have their rule and authority immediately from God which if they abuse they are not to bee adjudged by their Subjects for no power within their Dominion is superiour to theirs but God reserveth them to the forest triall Horribly and sodainly saith the Wisem●n will the Lord appear● unto them and a hard judgement shall they have The law of God commandeth that the Childe should bee put to death for any con●umely done unto the Parents but what if the Father be a robber if a murtherer if for all excesse of villanies odious and execrable both to God and man surely hee deserveth the highest degree of punishment and yet must not the Sonne lift up his hand against him for no offence is so great as to bee punished by parricide but our Countrey is deerer unto us then our Parents and the Prince is Pater patriae the Father of our Countrey and therefore more sacred and deere unto us then our Parents by nature and must not bee violated how imperious how impious so ever hee bee doth hee command or demand our persons or our purses wee must not shunne for the one nor shrinke for the other for as Nehemiah saith Kings have Dominion over the bodies and over the cattle of their Subjects at their pleasure Doth hee enjoyne those actions which are contrary to the lawes of God wee must neither wholy obey nor violently resist but with a constant courage submit our selves to all manner of punishment and shew our subjection by enduring and not performing yea the Church hath declared it to bee an Heresie to hold that a Prince may be slaine or deposed by his Subjects for any disorder or default either in life or else in government there will bee faults so long as there are men and as we endure with patience a barren yeare if it happen and unseasonable weather and such other defects of nature so must wee tollerate the imperfections of Rulers and quietly expect either reformation or else a change But alas good King Richard what such cruelty what such impiety hath he ever committed examine rightly those imputations which are laid against him without any false circumstance of aggravation and you shall find nothing objected either of any truth or of great moment It may bee that many errours and oversights have escaped him yet none so grievous to bee termed tyranny as proceeding rather from unexperienced ignorance or corrupt counsaile then from any naturall and wilfull malice Oh how shall the World bee pestered with Tyrants if Subjects may rebell upon every pretence of tyranny how many good Princes shall dayly bee suppressed by those by whom they ought to bee supported if they leavy a subsidy or any other taxation it shall bee claimed oppression if they put any to death for trayterous attempts against their Persons it shall bee exclaimed cruelty if they doe any thing against the lust and liking of the people it shall bee proclaimed tyranny But let it bee that without authority in us or desert in him King Richard must bee deposed yet what right had the Duke of Lancaster to the Crowne or what reason have wee without his right to give it to him if hee make title as Heire unto King Richard then must hee yet stay untill King Richards death for no man can succeed as Heire to one that liveth But it is well knowne to all men who are not either wilfully blind or grossely ignorant that there are some now alive Lineally descended from L●onel Duke of Clarence whose off-spring was by judgement of the High Court of Parliament holden the eight yeare of the raigne of King Richard declared next Successour to the Crowne in case King Richard should dye without issue Concerning the title from Edmund Crouchback I will passe it over seeing the authours thereof are become ashamed of so absurd abuse both of their owne knowledge and our credulity and therefore all the claime is now made by right of conquest by the cession and grant of King Richard and by the generall consent of all the people It is a bad wooll that can take no colour but what conquest can a Subject pretend against his Soveraigne where the warre is insurrection and the victory high and heinous treason as for the resignation which King Richard made being a pent Prisoner for the same cause it is an act exacted by force and therefore of no force and validity to bind him and seeing that by the lawes of this Land the King alone cannot alienate the ancient Jewels and ornaments partaining to the Crowne surely hee cannot give away the Crowne it selfe and therewithall the Kingdome Neither have wee any custome that the people at pleasure should elect their King but they are alwayes bound unto him who by right of bloud is right successour much lesse can they confirme and make good that title which is before by violence usurped for nothing can then be freely done when liberty is once restrained by feare So did Scilla by terrour of his Legions obtaine the law of Velleia to be made whereby hee was created Dictatour for fourescore yeares and by like impression of feare Caesar caused the law Servia to bee promulged by which hee was made perpetuall Dictatour but both these lawes were afterwards adjudged void As for the deposing of King Edward the second it is no more to bee urged then the poisoning of King Iohn or the murdering of any other good and lawfull Prince we must live according to lawes and not to examples and yet the Kingdome was not then taken from the lawfull successour But if we looke back to times lately past we shall find that these titles were more strong in King Stephen then they are in the Duke of Lancaster For King Henry the first being at large liberty neither restrained in body nor constrained in mind had appointed him to succeed as it was upon good credit certainely affirmed The people assented to this designement and thereupon without feare and without force he was annointed King and obtained full possession of the Realme Yet Henry Sonne of the Earle of Anjowe having a neerer right by his Mother to the Crowne notwithstanding his Father was a stranger and himselfe borne beyond the Seas raised such rough warres upon King Stephen that there was no end of spoiling the goods and spilling the bloud of the unhappy people besides the ruines and deformities of many Cities and