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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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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
is quite overthrowne Yet the endeavour to curry favour is more easily disliked as bearing with it an open note of servility and therefore Alexander when hee heard Aristobulus read many things that hee had written of him farre above truth as hee was sailing the floud Hidaspis he threw the booke into the River and said that hee was almost moved to send Aristobulus after for his servile dealing but envious carping carrieth a counterfeit shew of liberty and thereby findeth the better acceptance And since I am entred into this point it may seeme not impertinent to write of the stile of a History what beginning what continuance and what meane is bee used in all matter what things are to bee suppressed what lightly touched and what to bee treated at large how credite may bee wonne and suspition avoided what is to bee observed in the order of times and description of places and other such circumstances of weight wh●t liberty a writer may use in framing speeches and in declaring the causes counsailes and events of things done how farre hee must bend himselfe to profit and when and how hee may play upon pleasure but this were too large a field to enter into therefore least I should runne into the fault of the Mindians who made their gates wider then their towne I will heere close up onely wishing that all our English Histories were drawne out of the drosse of rude and barbarous English that by pleasure in reading them the profit in knowing them might more easily bee attained THE HISTORY OF THE LIFE AND RAIGNE OF KING HENRY the fourth THe Noble and victorious Prince King Edward the third had his fortunate gift of a long and prosperous raigne over this Realme of England much strengthened and adorned by natures supply of seven goodly Sonnes Edward his eldest Sonne Prince of Wales commonly called the Black Prince William of Hatfield Lyonel Duke of Clarence Iohn of Gaunt Duke of Lanca●●er Edmund of Langley Duke of Yorke Thomas of Woodstock Duke of Gloucester and William of Windsore These Sonnes during the life of their renowned Father were such ornaments and such stayes to his estate as it seemed no greater could bee annexed thereunto For neither armies nor strong holds are so great defences to a Prince as the multitude of children Fortes may decay and forces decrease and both decline and fall away either by variety of fortune or inconstancy of mens desires but a mans owne bloud cleaveth close unto him not so much in the blisses of prosperity which are equally imparted to others as in the Crosses of calamity which touch none so neere as those that are neerest by nature But in succeeding times they became in their off-spring the seminary of division and discord to the utter ruine of their families and great wast and weakening of the whole Realme for they that have equall dignity of birth and bloud can hardly stoope to termes of soveraignty but upon every offer of occasion will aspire to endure rather no equall then any superiour and for the most part the hatred of those that are neerest in kind is most dispitefull and deadly if it once breake forth The feare of this humour caused Romulus to imbrew the foundations o● the City and Empire of Rome with the bloud of his brother Remus According to which example the Tyrants of Turkie those butchers of Sathan doe commonly at this day begin their raigne with the death and slaughter of all their brethren Prince Edward the thunderbolt of Warre in his time dyed during the life of his fa●her And although hee was cut off in the middle course and principall strength of his age yet in respect of honour and fame hee lived with the longest having in all parts fulfilled the measure of true Nobility Hee left behind him a young Sonne called Richard who after the death of King Edward was crowned King in his stead and afterward dyed childlesse William of Hatfield King Edwards second Sonne dyed also without issue leaving no other memory of his name but the mention onely Lionel Duke of Clarence the third Sonne of King Edward was a man of comely personage of speech and pace stately in other qualities of a middle temperature neither to bee admitted nor contemned as rather void of ill parts then furnished with good Hee had issue Philip his onely Daughter who was joyned in marriage to Edmund Mortimer Earle of March Who in the Parliament holden in the eight yeare of the raigne of King Richard was in the right of his Wife declared Heire apparant to the Crowne in case the King should die without Children but not many yeares after hee dyed leaving issue by the said Philip Roger Mortimer Earle of March This Roger was slaine in the rude and tumultuous Warres of Ireland and had issue Edmund Anne and Elinor Edmund and Elinor died without issue Anne was married to Richard Earle of Cambridge Sonne to Edmund of Langley Duke of Yorke the fift Sonne of King Edward Of these two came Richard Plantagenet Duke of Yorke who by the right devolved to ●im from his Mother made open ●laime to the Crowne of England ●which was then possessed by the fa●ily of Lancaster first by Law in the ●arliament holden the thirtieth yeare ●f the Raigne of King Henry the sixt where either by right or by favour ●is cause had such furtherance that af●er King Henry should die the Crown ●as entailed to him and to the Heires 〈◊〉 his bloud for ever But the Duke ●●patient to linger in hope chose ra●●er to endure any danger then such 〈◊〉 Whereupon hee entred into 〈◊〉 soone after against King Henry 〈◊〉 the field But being carried further 〈◊〉 courage then by force hee could 〈◊〉 through hee was slaine at the battaile of Wakefield and left his title to Edward his eldest Sonne who with invincible persistance did prosecute the enterprise and after great variety of fortune at the last atchieved it Iohn of Gaunt Duke of Lancaster the fourth Sonne of King Edward the third was a man of high and hardy Spirit but his fortune was many times not answerable either to his force or to his forecast Hee had two Sonnes Henry Earle of Derby of whom I suppose chiefly to treat and Iohn Earle of Somerset This Iohn was Father to Iohn Duke of Somerset who had issue Margaret Countesse of Richmond mother to the Noble Prince Henry the seventh Henry Plantagen●t Earle of Derby was likewise by his Mother Blanch extracted from the bloud of Kings being discended from Edmund the second Sonne of King Henry the third by which line the Dutchy o● Lancaster did accreve unto his house Hee was a man of meane stature well proportioned and formally compact of good strength and agility of body skilfull in armes and of a ready dispatch joyntly shewing himselfe both earnest and advised in all his actions Hee was quick and present in conceit forward in attempt couragious in execution and most times fortunate in event There was no
in his stead these are not all and yet enough to cleare this action of rarenesse in other Countries and novelty in our The difficulty indeed is somewhat because the excellency is great but they that are afraid of every bush shall never take the bird and your selfe had once some triall hereof when without battaile without bloud or blowes you had the King at such a lift as hee held his Crowne at your courtesie even at that time when his grievances were neither for greatnesse nor continuance so intollerable as now they are growne and by reason of his tender yeares not out of all compasse both of excuse for the fault and of hope for amendment And as concerning the lawfulnesse Nay said the Duke where necessity doth inforce it is superfluous to use speech either of easinesse or of lawfulnesse necessity will beate thorow brasen walles and can bee limited by no lawes I have felt very deeply my part in these calamities and I would you knew with what griefe I have beheld yours for what other reward have I received of all my travailes and services but the death of my Vncle dearest friends my owne banishment the imprisonment of my Children and losse of my inheritance and what have beene returned to you for your bloud so often shed in his unfortunate warres but continuall tributes scourges gallowes and slavery I have made sufficient proofe both of patience in my owne miseries and of pitty in yours remedy them hitherto I could not If now I can I will not refuse to sustaine that part which your importunity doth impose upon mee if wee prevaile we shall recover againe our liberty if we loose our State shall bee worse then now it is and since we must needs perish either deservingly or without cause it is more honourable to put our selves upon the adventure either to winne our lives or to dye for desert and although our lives were safe which indeed are not yet to abandon the State and sleepe still in this slavery were a point of negligence and sloath It remaineth then that wee use both secrecy and celerity laying hold upon the oportunity which the Kings absence hath now presented unto us for in all enterprises which never are commended before they bee atchieved delayes are dangerous and more safe it is to bee found in action then in counsaile for they that deliberate onely to rebell have rebelled already So the Messengers departed into England to declare the Dukes acceptance and to make preparation against his arrivall both of armour and of subjection and desire to obey Presently after their departure the Duke signified to Cha●les King of France that hee had a desire to goe into Britaine to visite Iohn Duke of Britaine his friend and kinsman The King suspecting no further fetch sent letters of commendation in his favour to the Duke of Britaine but if hee had surmised any dangerous drift against King Richard who not long before had taken his Daughter to wife in stead of letters of safe conduct hee would have found letts to have kept him safe from disturbing his Sonne in lawes estate As soone as the Duke was come into Britaine hee waged certaine souldiers and presently departed to Calis and so committed to Sea for England giving forth that the onely cause of his voyage was to recover the Dutchy of Lancaster and the rest of his lawfull inheritance which the King wrongfully detained from him In this company was Thomas Arundel the Archbishop of Canterbury and Thomas the Sonne and Heire of Richard late Earle of Arundel who was very young and had a little before escaped out of prison and fled into France to the Duke The residue of his attendants were very few not exceeding the number of fifteene lances so that it is hard to esteeme whether it was greater marvaile either that he durst attempt or that he did prevaile with so small a company but his chiefest confidence was in the favour and assistance of the people within the Realme So he did beare with England yet not in a streight course but sloated along the shoare making head sometimes to one coast and sometime to another to discover what forces were in a readines either to resist or receive him As he was in this sort hovering on the Seas Lord Edmund Duke of Yorke the Kings Vn●le to whom the King had committed the custody of the Realme during the time of his absence called unto him Edmund Stafford Bishop of Chichester Lord Chancellour and William Soroupe Earle of Wiltshire Lord Treasurour of of the Realme also Sir Iohn Bushy Sir Henry Greene Sir William Bagot Sir Iohn Russell and certaine others of the Kings Privy Councell and entred into deliberation what was best to be done At the last it was concluded deceitfully by some unskilfully by others and by all perniciously for the King to leave the Sea coasts and to leave London the very Walles and Castle of the Realme and goe to S. Albons there to gather strength sufficient to encounter with the Duke It is most certain that the Dukes side was not any wayes ●oore furthered then by this dissembling and deceiveable dealing for open hostility and armes may openly and by armes be resisted but privy practises as they are hardly espied so are they seldome avoided And thus by this meanes the Duke landed about the feast of S. Martin without let or resistance at Ravenspur in Houldernesse as most Writers affirme Presently after his arrivall there resorted to him Lord Henry Pearcy Earle of Northumberland and Lord Henry his Sonne Earle of Westmerland Lord Radulph Nevil Lord Rose Lord Willoughby and many other personages of honour whose company encreased reputation to the cause and was a great countenance and strength to the Dukes further purposes And first they tooke of him an oath that he should neither procure nor permit any bodily harme to bee done unto King Richard whereupon they bound themselves upon their honours to prosecute all extremities against his mischievous Counsailors And this was one step further then that which the Duke pretended at the first when hee tooke shipping at Calis which was onely the recovery of his inheritance but that was as yet not determined nor treated and of some perhaps not thought upon which afterwards it did ensue and so was that place easily insinuated into by degrees which with maine and direct violence would hardlier have beene obtained Then the common people desperate upon new desires and without head head-long to matters of innovation flocked very fast to these Noble men the better sort for love to the Common-wealth some upon a wanton levity and vaine desire of change others in regard of their owne distressed and decayed estate who setting their chlo●e hopes and devices upon a generall disturbance were then most safe when the common state was most unsure So betweene the one and the other the multitude did in short time increase to the number of threescore thousand able souldiers The Duke finding
deserved this dejection if it be just or if it be wrongfull that I could notavoid it Indeed I do confes that many times I have shewed my selfe both lesse provident lesse painful for the benefit of the Common-wealth then I should or might or intended to doe hereafter and have in many actions more respected the satisfying of my owne particular humour then either justice to some private persons or the common good of all yet I did not at any time either omit duty or commit grievance upon naturall dulnes or set malice but partly by abuse of corrupt Counsellors partly by errour of my youthfull judgement And now the remembrance of these oversights is so unpleasant to no man as to my selfe and the rather because I have no meanes left either to recompence the injuries which I have done or to testifie to the World my reformed affections which experience and stayednesse of yeares had already corrected and would dayly have framed to more perfection But whether all the imputations wherewith I am charged be true either in substance or in such quality as they are laid or whether being true they be so heinous as to inforce these extremities or whether any other Prince especially in the heate of youth and in the space of two and twenty yeares the time of my unfortunate raigne doth not sometimes either for advantage or upon displeasure in as deepe manner grieve some particular subject I will not now examine it helpeth not to use defence neither booteth it to make complaint there is left no place for the one nor pitty for the other and therefore I referre it to the judgement of God and your lesse distempered considerations I accuse no man I blame no fortune I complaine of nothing I have no pleasure in such vaine and needlesse comforts and if I listed to have stood upon termes I know I have great favourers abroad and some friends I hope at home who would have beene ready yea forward on my behalfe to set up a bloudy and doubtfull warre but I esteeme not my dignity at so high a prize at the hazard of so great value the spilling of so much English bloud and the spoile wast of so flourishing a Realme as thereby might have beene occasioned Therefore that the Common-wealth may rather rise by my fall then I stand by the ruine thereof I willingly yeeld to your desires and am heere come to dispossesse my selfe to all publike authority and title and to make it free and lawfull for you to create for your King Henry Duke of Lancaster my Cousin Germaine whom I know to be as worthy to take that place as I see you willing to give it to him Then he read openly and distinctly the forme of his cession wherein he did declare that he had discharged his subjects from their oaths of fealty and homage all other oaths whatsoever and of his owne will and free motion did abdicate the title dignity and authority of a King and rendred up the possession of the Realm with the use and title thereof and all the rights thereunto appertaining To this the King subscribed and was sworne and then he delivered with his owne hands the Crowne the Scepter and the Robe to the Duke of Lancaster wishing unto him more happinesse therewith then had ever happened unto himselfe Then he did constitute the Archbishop of Yorke and the Bishop of Hereford his Procuratours to intimate and declare this his resignation to all the States of the Realme which should be assembled together in Parliament Lastly hee gave all his riches and goods to the summe of three hundred thousand pounds in coine besides his Iewels and plate for satisfaction of the injuries that hee had done desiring the Duke and all the rest that were present severally by their names not altogether to forget that he had beene their King nor yet too much to thinke upon the same but to retaine of him a moderate remembrance and in recompence of the case that he had done them by his voluntary yeelding to permit him to live safely in a private and obscure life with the swetnesse whereof he was so possessed that from thenceforth he would preferre it before any preferment in the World All this was delivered and done by the King with voyce and countenance so agreeable to his present heavinesse that there was no man too unmindefull of humane instability which was not in some measure moved thereat in so much as a few secret teares melted from the eyes of many that were present in whose minds a confused and obscure alteration gan to begin So prone and inclinable are men to pitty misery although they have procured it and to envy prospery even that which they have raised Vpon Munday next following the Parliament beganne at W●stminster and the Archbishop of Yorke and the Bishop of Hereford the Kings Atturneies for this purpose declared openly to the States there assembled the Kings voluntary resignation and demanded whether they would assent and agree thereunto the Barons of the Realme by severall and particular consent the Commons with one generall voice did expresly accept and admit the same Then it was thought meet that certaine defects and misdemeanures concerning matters of government should bee objected against the King for which he should be adjudged as unworthy as hee seemed unwilling to retaine the Kingdome To this purpose certaine articles were engrossed and openly read in which was contained how unprofitable the King had beene to the Realme how unjust and grievous to the Subjects contrary both to his honour and to his oath The chiefest of which Articles are these that follow 1 FIrst that King Richard did wastfully spend the Tresure of the Realme and had given the possession of the Crowne to men unworthy by reason whereof new charges were dayly laid on the necks of the poore Comminalty 2 Item Where divers Lords as well Spirituall as Temporall were appointed by the High Court of Parliament to commune and treat of matters concerning the State of the Realme and the Common-wealth of the same they being busied about the same commission he with with others of his affinity went about to impeach them of treason 3 Item that by force and menace hee compelled the Justices of the Realme at Shrewsbury to condiscend to his opinion for the destruction of the said Lords Insomuch as he beganne to raise warre against Iohn Duke of Lancaster Thomas Earle of Arundel Richard Earle of Warwick and other Lords contrary to his honour and promise 4 Item that he caused his Vncle the Duke of Glocester to be arrested without law and sent him to Calis and there without judgement murthered him and although the Earle of Arundel upon his arraignement pleaded his charter of pardon he could not bee heard but was in most vile and shamefull manner sodainly put to death 5 Item he assembled certaine Lancashire and Cheshire men to the intent to make warre on the aforesaid Lords and suffered them
to robbe and spoile without correction and 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 done within the Realme yet hee laid to them in the Parliament rebellion with manifest treason 7 Item hee hath compelled divers of the said Lords servants by menace to make great fines and extreme payments to their utter undoing and notwithstanding his pardon to them granted he made them fine a new 8 Item where divers were appointed to commune of the estate of the Realme and the Common-wealth of the same the King caused all the roules and records to bee kept from them contrary to his promise made in Parliament to his open dishonour 9 Item hee uncharitably commanded that no man upon paine of losse of life and goods should once intreat him for the returne of Henry 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 hee had obtained divers acts of Parliament for his owne peculiar profit and pleasure then hee procured Bulles and extreame censures from Rome to compell all men streightly to keepe the same contrary to the honour and ancient priviledges of this Realme 11 Item although the Duke of Lancaster had done his devoire against Thomas Duke of Norfolke in proofe of his quarrell yet the said King without reason or ground banished him the Realme for tenne yeares contrary to all equity 12 Item before the Dukes departure hee under his broad Seale licensed him to make Atturneyes 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 divers Sheriffes lawfully elected and put in their roomes divers others of his owne minions subverting the law contrary to his oath and honour 14 Item hee borrowed great summes of money and bound himselfe under his Letters patents for the repayment of the same and yet not one penny paid 15 Item he taxed men at the will of him and his unhappy 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 breast by reason of which phantasticall opinion hee destroyed Noble men and impoverished the poore Commons 17 Item the Parliament setting and enacting divers notable Statutes for the profit and advancement of the Common wealth he by his privy friends and solicitours caused to bee enacted that no act then enacted should bee more prejudiciall to him then it was to his Predecessours thorow which proviso he did often as hee list and not as the law meant 18 Item for to serve his purpose he would suffer the Sheriffes of the Shires to remaine above one yeare or two in their office 19 Item at the summons of Parliament when the Knights and Burgesses should bee elected and the election had fully proceeded hee put out divers persons elected and put in others in their places to serve his will and appetite 20 Item hee had privy espials in every Shire to heare who had of him any communication and if hee communed of his lascivious living and outragious doing hee straightwayes was apprehended and made a grievous fine 21 Item the Spiritualty alledged against him that hee at his going into Ireland exacted many notable summes of money beside Plate and Iewels without law or custome contrary to his oath taken at his coronation 22 Item when divers Lords and Iustices were sworne to say the truth of divers things to them committed in charge both for the honour 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 Nobility he carried the Iewels and Plate and Treasure over the Sea into Ireland to the great impo●verishing of the Realme and all the good Records of the Common-wealth against his extortions hee caused privily to bee embeasoled and carried away 24 Item in all leagues and letters to bee concluded and sent to the Sea of Rome and other Regions his writing was so subtill and darke that no other Prince durst once believe him not yet his owne Subjects 25 Item hee most tyrannously and unprincely said that the lives and goods of all his Subjects were in the Princes hands and at his disposition 26 Item that hee contrary to the great Charter of England caused divers lusty men to appeale divers old men upon matters determinable at the Common law in the Court Marciall because that in that Court is no triall but onely by battaile whereby the said aged persons fearing the sequell of the matter submitted themselves to his mercy whom hee fined and ransomed unreasonably at his pleasure 27 Item he craftily devised cercaine privy oathes contrary to Law and caused divers of his subjects first to be sworne to observe the same and after bound them in bands for surer keeping the same to the great undoing of many honest men 28 Item where the Chancellor according to law would in no wise grant a prohibition to a certaine person the King granted it unto the same person under his privie Seale with great threatnings if it should be disobeyed 29 Item he banished the Bishop of Canterbury without cause or judgement and kept him in the Parliament Chamber with men of armes 30 Item the Bishops goods hee granted to his successor upon condition that hee should maintaine all his statutes made at Shrewsbury Anno 21. and the statutes made Anno. 22. at Coventree 31 Item upon the accusation of the Archbishop the King craftily perswaded the said Bishop to make no answer for he would be his warrant and advised him not to come to the Parliament and so without answer hee was condemned and exiled and his goods seazed Foure other Articles were laid which particularly did concerne the said Archbishop by whose doing chiefly the King was utterly undone Then was demanded of the Nobility and Commons of the Realme what they judged both of the truth and desert of these Articles who all agreed that the crimes were notorious and that King Richard was worthy for the same to be deposed from his princely dignity The noble men gave their voyces part corrupted by favour part awed by feare and the Commons are commonly like a flocke of Cranes as one doth fly all will follow Hereupon 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 Wee Iohn Bishop of S. Asses I. Abbot of Glastenbury Thomas Earle of Gloucester Thomas Lord Bekley Thomas Erpinghaime Thomas Gray Knights William Therning Iustice Commissioners for the matters hereafter specified