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
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 froÌ„ them contrary to his promise made in parlament to his opeÌ„ dishonor 9 Item â—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 â—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
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
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