No More Learning

]
1397. -Qf Gloucester, and others. [126 duke GloucestER, Rich ARD earl
TIMER, and
21 Richard II.
High Treason: Froissart,
Thom Thom
earl WAR wick, John Cobh AM, knight,
1397. Cotton, 377.
90. Walsing. 354. Tyrrel, 968. Brady, 411. Cobb.
IN the Parliament assembled Westminster but many disinherisons, and other most great
***
September 1397, came the mischiefs and damages have happened, well
the 17th
proceedings against the duke Gloucester, and the earls Arundel and Warwick, contained several Articles Impeach
us, we,
our people and whole realm. Now the honour God, and for the good
brought against them, way
and our realm, and for the quiet and re lief our people, willing against the said mis
ment then
bill, the Lords Appellants, mentioned
chiefs establish good and meet remedy, have already our free will, the request the lords and commons, ordained and as
signed such persons for our great officers; that
say, chancellor, treasurer, keeper our and
our privy seal, esteem good, faithful,
and sufficient, for the honour and profit
the Council Nottingham. The bill, ap
ears the Record itself, was directed the parliament, and this effect. First,
#. forth, sets
“That the duke Arundel, designing
Gloucester, encroach, and have the government your royal person
and the earl
Thom(As MoR
and kingdom, with the liberties and dignities thereof, well within this kingdom, with out; when the parliament sat Westminster,
the 10th your reign, they sent, peer
the land you, who their behalf, and their command, told your majesty, that you
and our realm; also our real authority, certain knowledge, good pleasure, and free
would not consent make
whom they should name, such Commission, whereby they might have the government the manner above related, you should danger your life, and the lords and commons
parliament would depart without your leave;
under which both we and our subjects have long laboured, having full confidence the good advice, sense, and discretion the most honor
York, condition you would be; that very fear and Thomas, duke Gloucester; the honour. their power, you then granted such Com able fathers God William, bishop win
and then you should see what miserable
mission they desired. ” Next follows the chester, Thomas, bishop Exeter, and Nicho
Cominission itself; viz. Richard, king, &c. these letters shall come
all those seen
las Abbot Waltham; our beloved and faithful
whom Richard earl Arundel, John lord Cobham, heard, Richard Scroop, and John Devereux, have
greeting. We being duly conscious
the
ordained, assigned and deputed, and ordain,
assign and depute them our great and
continual council, for one whole year next after
the date hereof, survey and examine, toge
grievous complaints the lords and commons our realm this present parliament assembled,
that our profits and rents, and the revenues our realm, private and insufficient council,
and the governance well certain our
late great officers, divers other people
being near our person, are much consumed,
wasted, embezzled, given away, granted, and
aliened, destroyed, and evilly disposed and
expended that we are much impoverished
and stripped treasure and means, and the
substance of our crown so diminished and de
stroyed, that we are neither able sustain realm without and gists, grants, alie honourably, we ought, the state our nations, and confirinations made, any household, nor maintain and manage those lands, tenements, rents, annuities, profits, re wars wherewith our realm environed, with
out great and outrageous oppressions and
charges our people, greater than they can
bear; and also that the good laws, statutes and possessions aliens, &c. And also reve. customs our said realm, which we are bound nues and profits, well our said realm,
by oath, and obliged maintain, are not, nor our lands, lordships, cities, villages, and other have been duly observed and executed, nor possessions beyond the sea; and the bene full justice right done our said people: fices and possessions, and other revenues
will; and the advice and assent the pre lates, lords, and commons full parliament
aid the good governance our realm, and the well and due execution our laws, and for
them, and others the relief time that miserable condition
able fathers God, William archbishop terbury, and Alexander archbishop our most dear uncles, Edmund, duke
Can York;
ther with our said great officers, well the estate, condition, and government our whole
r*ealin, and all our officers and ministers whatever estate, degree, condition they be, within our household without and in:
and take information such ways they shall think meet, rents, revenues, and profits belonging us, which are due and ought appertain us, either within the
venues, wards, marriages, escheats, forfeitures, franchises, liberties; voidances archbishop rics, bishoprics, abbeys, priories, farms houses,
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127] STATE TRIALS, 21 Rich ARD that are rebellion against the pope and
1397. —Impeachment the [12s
ness whereof, &c. Given under our great sea! the 19th day November 1386.
The Articles Impeachment on thus: “The said duke and earl Arundel,
accomplish their traiterous purposes, and
the clergy and laity, have your royal person their power, order since the day our coronation, that time: ed, they pleased, the government your and all fees, wages, and rewards our offi whole state, with the laws and dignities the re cers and ministers great and small, and and prevailed with Thomas ears War
made any persons fee for term life, their traiterous design; who, agreement,
the carrying monies out collectors the pope, cardinals, Lombards,
the realm
the procurators
the
likewise the profits subsidies granted
other persons: and our customs, and
annuities and other rewards granted; and gifts wick, and Thomas Mortimer join with them
any other manner; and lands, tene traitors the king and kingdom, all met ments, rents, revenues, and forfeitures, bar and assembled on the 13th of November the gained sold the prejudice and damage 11th your reign, Haringay-Park Middle our crown and also touching the jewels and sex, with great number people armed and goods which were our grandfather's the time arrayed, and made divers your leige-people
his death, and charters and general par several parts your realm, rise, and
dons; and how general payments have been march with them against your royal person,
levied and expended; how garrisons and forts contrary their legiance, and would not come have been maintained and of all defaults and before your presence, until they were secured
misprisions household, | your oath that they might come, and return well our our
courts, and other places our realm and safely; and then they appeared before you by what persons our revenues and the sub your palace Westminster, with great stance of our crown have been withdrawn or force armed men, and traiterously con diminished;
the common law interrupted strained you take them into your safe pro
tection, against your pleasurc. ”—2. any other damage that will and
Giving, and these presents “The said duke, the earls Arundel and granting, our authority, and the advice Warwick, and Thomas Mortimer, continuing and assent our said subjects, unto our said their traiterous purposes, force and violence, counsellors, any six them, and our great
officers aforesaid, full power and authority ge
neral and special, enter our palace and house
hold, and call before thcin all our officers, morrow the purification, the 11th your and command all rolls, records, and other reign, and there suggested divers points high monuments and evidences; and all defaults, crimes and treason against him, and the advice wastes, and excesses found our said house every lord then present was asked, concern hold, and other courts and places; and ing the crimes the said Sinon, and afterwards deceits, extortions, oppressions, damages, and the duke and earl would know your advice and grievances whatsoever, that are the prejudice, opinion; and you answered plainly, was damage, and distress and our crown, and not Guilty any point objected against him. the estate our said realm general (though
not herein particularly expressed and specified)
amend, correct, repair, redress, reform, and
put into good and due order and establishment: and also hear and receive the complaints
our liege people, well for themselves, against our said officers afid counsellors: and oppressions, wrongs, and injuries, which
cannot so well be amended and determined
the courts the common law; and discuss ment given against the said Simon. Yet and finally determine the matters aforesaid, nevertheless, the said duke and earls took upon and full execution thercos award, them them royal power, prejudice you, and
delayed, happened
shall seem most meet, for the honour and pro fits and our estate, and the redintegra tion the rights and profits our crown, and
the better governance the peace and laws our kingdom, and the relief our said people. witch proceedings, difference opinion
happen autongst our said counsellors, the same
shall concluded majority votes; and we command and charge prelates, dukes, earls, barons, sheriffs, the asarer, and comp troller, and other officers our household,
justices banco, and other officers, ministers, and liege subjects whatsoever, that our said counseliors and officers manner aforesaid, they obedient, aiding and assisting. wit
dcrogation your crown, and without your assent, and contrary your will, your ab
sence, and the absence many other peers parliament without their assent, and against
their wills, they awarded that the said Simon should drawn, hanged and beheaded; and thereupon they traiterously caused his head
struck off, against your peace, crown, majes and dignity. ”—3. The aforesaid duke,
earls, and Thomas Mortimer, continuing their
malicious, false and traiterous purposes and force, Huntingdon, Thursday the 6th
December the said 11th year, traiterously agreed, and intended have gone with their
forces any place the kingdom, where they
did take, and imprison divers your lege peo ple and amongst others, Simon Burley, and brought him your parliament held the
And afer that, the duke and earls caused you come into secret place Westminster, and there showed you the particulars the crimes abovesaid. To whom you then answered like wise, that the said Simon was not Guilty any those points. And there they took upon
them traiterously have you force consent the judgment they had designed against him;
and yet you would not consent any judg
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129] STATE TRIALS, 21 Richard
might have found your royal person, have surrendered you their image-liege, and
have deposed you and this they would have done, had they not been hindered Henry Lancaster earl Derby, and Thomas Mow bray earl Nottinghain. And the said duke and earls continuing their traiterous intention and force, agreement between them, caused
the records your treasury, the time your great grandfather king Edward searched,
how demised his crown; and they shewed you writing the causes the demise
crown your palace Westminster the time parliament the said 11th year, and they said falsely and traiterously that they had
cause sufficient depose you, but for the reve and realm,
rence they had for your most noble grand father and father; and they said also, that hopes your better government they would
suffer you continue your royal estate and
regality. "—4. “Which treasons imagined, was notorious, the said lord high steward, by
done and perpetrated the aforesaid duke,
earls, and Thomas Mortimer, against your royal
person, estate, majesty and dignity, above
declared: We the Appellants (there named)
your loyal lieges, have been and are ready
prove against the said duke, the earls Arun the 10th the king, afterwards; and also del, and Warwick, and Thomas Mortimer you, all the lands and tenements of which other our most dead ord, and this high and honour persons were infeoffed his use, the said 19th able court, your parliament, shall order. ” Nov. afterwards, with all his goods and
These Articles having been read, the Lords chattels, should be forfeited the king and his
Appellants prayed the king that the accused heirs for ever. ” But the king graciously re might brought before him, parliament mitted that part his sentence being drawn, make their answer. Accordingly, Ralph lord hanged, and quartered and shew equity Nevil, constable the Tower, there pre-ent, well rigour, the king and lords, both spiritual had orders bring before them Richard earl and temporal, declared, that was not their
Arundel, his prisoner, which did, the intention that the lands and tenements, fees or
4th day this session parliament. The any other inheritance which the said earl
1307. —Duke Gloucester, and others. [130
the matters objected against him. But upon
the earl's still insisting his charter and par don, and demanding the allowance them,
the Lords Appellants, their proper persons, prayed the king, “That would please him give judgment upon him convict the points which was accused.
The Earl Arundel convicted.
Then the lord high steward, command
the king, the lords temporal, and Thomas Piercy, proctor for the clergy, before taken
Arundel,
notice of, adjudged the said earl “Guilty and convict the points
stood appealed, and traitor
which the king drawn, hanged, beheaded,
And farther, because his high nature, have
and quartered.
treasons were
gone about surrender their liege homage, and depose the king, and that his levying war
the authority aforesaid, awarded that his
castles, manors, lands, tenements, reversions,
fees, and every other manor inheritance,
well fee-tail fee-simple, which were the said earl of Arundel's on the 19th of Nov.
duke Lancaster, being constituted lord high stood infeoffed,
steward England, pro hac vice, told the pri
soner, that was impeached divers acts High-Treason, and the appeal being read
any manner judgment.
him,
answer was, “That had general the parliament held the 11th the also charter pardon made him
The Duke
ardon sing;
On the same day that the earl Arundel within years last past, both which prayed was brought into parliament and tried and
might allowcd. ” The lord high steward convicted, the king directed his warrant told the earl, command the king and con Thomas earl marshal, governor the town sent parliament, that, “The pardon granted Calais, his lieutenant, signifying that
the 11th year, was made constraint upon the king, the said duke, earls and others
should bring over the body Thomas duke Gloucester, with the speed could, an
their party, assuming themselves royal swer divers Articles Treason objected
power, prejudice the king, his royal es
tate, crown and dignity; and that the char
ter pardon was made deceit the
king, and expressly against him and royal king and parliament concerning him. This writ dignity; wherefore, upon the request the bears date Westminster, September 21. The commons consent the king and the return the earl marshal this warrant, was, estates parliament, the said pardon and “That could not bring the said duke before charter had been this parliament repealed the king and council that parliament for
and made void. ” The earl was asked he had any thing inore say, and being silent, William Clopton, chief justice the king's
bench, the king's command, declared
that, being his custody, the king's prison
Calais, there died. ” This return was made
Sept. 24. Upon the reading this warrant and return parliament the Lords Appellantspray
him the law, and the punishment must un
Wol. K
the king, “That the said duke Glouces dergo, pleaded nothing else, for did ter might declared traitor and enemy not, he would be convict and attainted all bio; having levied war this kingdom
the use another, should forfeited reason this
Gloucester, though dead, de clared Guilly High Treason.
against him parliament the Appellants, according the law and custom used Eng land; and further receive the orders the
of
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131]
STATE TRIALS, 21 Richard II. 1907–loponent ofthe
[132
against person and contrary allegi ance. And that all his lands, tenements,
goods and chattels might forfeited
this case, notwithstanding his death, they ought
be. ” Then the commons prayed the king and lords, “That since was notoriously
Whereupon, the lords temporal, and the not knowing witting, that time that did
known majesty and the estates this
parliament, and the kingdom, that the said “I Thomas Woodstock, the zear my duke and others his party assembled Har lord the king 21, the vertue commission ingway, the county Middlesex, with my lord the king, the same zear directed great number people armed and arrayed Wm. Rickhill, justice, the which compre make war against the king, contrary their hended more plainly
allegiance, and came with those forces into the sign, knowleche that
king's presence, which was levying war against other men, assent
the making coin their liege-lord, that might thereupon mission, the which commission among adjudged traitor, and his lands, tenements, other, restrained my lord his freedom, and &c. notwithstanding death before, forfeited. ” took upon me among others power regal, truly
asoresaid Tho. Piercy, proctor for the clergy, declared that the said crime and treason was notoriously known them and the whole king dom; wherefore they, with the king's assent, declared him guilty levying war traitor, and adjudged “all his castles, lands, manors, &c. which was possessed the 13th Nov. the 11th year this reign, for feited the king and his beins; and that none
his issue, heirs body, their issue
heirs time come, should ever bear the royal arms England cntire, with differ ence; any other manner whatsoever, should inherit the crown England. ”
The Duke's Confession while Prison.
against his estate, nor his royaltie, did aster, and do now; and forasmuch knew aster ward that had done wrong, and take upon me more than ought do, submitted me
my lord, and cried him mercy and grace, and yet truly and meekly any man may, and put me high and low his mercy and grace, hath always been full mercy and grace other. Also, that time, that came armed into my lord's presence, and into his palace, howsoever that did for drede my life, knowleche for certain, that
did evil, and againlt his regalitie, and his estate, wherefore submit me lowly and meek
his increy, and his grace. Also,
On the 25th Sept. the said Appellants that took my lord's letters his messages,
prayed the king full parliament that there and opened them against his leave, know
was any thing upon record, cither Confes leche that did evil, wherefore put me lowly
sion any person accused, any other per son whatsoever touching their appeal, that
might openly known and declared full
his grace. Also, that, that sclaundred my lord, knowlech, that did evil and wick edly, that, that spake him sclaun-
the castle his own hand fully and plainly wrote, and delivered
fessed the aforesaid duke Caleys, the foresaid duke
the same Wm. Rickhill touching this matter was done the presence John Lancaster, and John Lovetoft, and none other manner. ”
the aforesaid commis was one with sertynge
parliament. Upon which petition, the ad derous wise, audience other folk bot
vice the lords temporal, the king command the way, that my soul shall too, meant none ed that Commission bearing date the 17th evil therein, nevertheless wot and knowleche
fore
Commission, with our homage for drede our lives not, and
August last past, directed William that did evil and unkindly, wherefore sub
Rickhill, one the justices the Common mit me high and low his grace. Also,
bench, together with Confession made be that among other, communed and asked
Thomas late duke Gloucester, certain clercs, whether that we might give
him, virtue the return
liament. The duke's Confession old lish, and deserves particular notice,
men the elegance the English tongue those days:
“This the Answer
the Commission
Thomas duke Gloucester, be the name thereto for two days three, and then were
Thomas Woodstock, the zear the king for have done our homage and our othes,
the abovesaid par whether that we were assentid thereto for do
that Commission, read
Eng speci
trewly and my troth, have how none full mind thereof but trowe rather yes, than nay, wherefore submit me high and low evermore his grace. Also, that, that was place, where was communed, and spoken manner deposal my liege lord,
Richard 21, the castle tue commission more plainly declared
Caleys, ver and put him highly his estate ever the king, was; but forsouth there knowlech that did the same, direct untruly, and unkindly him, that my
William I? ickhill
his liege lord the king. truly knowlech well, that we were assentid
William Rickill, justice, hath know liege lord, and hath been good and kind and confessed fore the same William all lord me, wherefore beseech him, not the matters and points wrote this great withstanding myn unkindness, evermore his roll annexed this schedule, the which mercy and grace, lowly any crea schedule and great roll both sealed under ture may beseech unto his liege lord. And the seal the aforesaid William, and all any new thing ordenance, that ever the matters and points know and con should have witting known, ordained as
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133] STATE TRIALS, 21 Richard 1397. -Duke Gloucester, and others. [13;
sentid, privy appert, that should against my lord's estate, his will
have been any that swore unto
thing that then came into his memory, that
him, syth that day
longeth about body truly, and
king, must not intercede for Simon
ley, save him from death. ’ And desired the said William Rickhill shew this the
him Langely, God's
that othe that there made, gathering against him,
longeth unto him. And
Points, that have made confession sir
Wm. Rickhill, justice, the which wot well,
that have offended my lord unkindly and inas earl Warwick, who was told the
against him, trewly and will answer before God was my meaning and my weaning
the best for his person and for his estate; ne vertheless wot well, and know well nowe,
pellants, there named, divers High-Treasons,
which were comprehended two articles
that assembling with force and armed men Haringay, &c, and the charge about sir
never knew none other that touching these
king word mouth. ” See Brady, 411.
untruly, have said before, how that have duke Lancaster, that was accused Ap these points offended him, and done Edward earl Rutland, and the other
my deeds and my workings were against Simon Burley, which were drawn the
that way that my soul shall my intent; but the
same words as the case of the earl of Arun
wicked deeds; that was guilty them, and put himself upon the king's mercy and grace. ”
too, these points and other the which that done negligence and unkunning,
with tears,
myne intent my will, for my
was never thing that should have been
thought for harming against the safety my
distresse persone, will answer before the very same sentence against him, all
liege lord's day judgment. And therefore things,
had done against the earl Arun
majesty, “if designed
said his Bur
The Earl
Harwick convicted. September, the constable
On the 20th
the Tower brought before the parliament Tho
del. To which answered
that he well understood those treasons and
Upon which the duke Lancaster pronounced
God the king, beseech my liege and sovereign lord the
record, the king, moved adds the God,
spi
me his
my life, my body and my goods, wholly
will, lowly meekly any creature can ment, remitted life; that his sentence was
may his liege lord; beseeching his granted him his during
high lordship, that will for the passion “to remain prisoner the Isle Man
him that suffered for mankind, and the com his life, upon condition that any means were
his grace; that hath ever been full mercy and grace his lieges, and other that have nought been nigh unto him
have been, though been unworthy. ” After this return the Commissiou had been
that will his grace and benignity accept
the reverence and honour
the prayer the Appellants, the lords
mercy and his grace, that put
commons parlia ritual and part the said judgment, and
passion that had for his mother the made use the king his heirs, gain crosse, and the pity had Mary Magdalen, him any further favour, should make his that will vouchsafe for have compassion judgment should put ex
o escape, then the void. ’, and pity, and accept me his mercy and ecution, and the king's grace shouldking par
Thomas Mortimer makes his escape. Afterwards, the Lords Appellants impeached read, the Appellants prayed, that Wm. Thomas Mortimer the Treasons comprised
Rickhill, approved for loyalty and discre
del.
with pity,
the said accusation; but he, being then Ireland, fled into the mountains the Irish rebels for protection. proclamation was thereupon ordered parliament made
parliament said and declared, “That about himself England within three months, an o'clock before noon, came within the castle swer the impeachment, else declared
Calais, the duke Gloucester, who was traitor; and his manors, castles, lands, and
commanded the king upon
tion, might
his allegiance
Confession;
the lords spiritual and temporal, and commons throughout Ireland, that should surrender
declare the truth
who, the presence the
king,
then good memory and out prison. That tenements, &c. which was possessed
he shewed him his commission, and the cause the 13th November, the former cases, his coming, the presence John Lancas should forfeited the king. —In the next ter and John Lovetoft; and desired that what session, Thomas Mortimer had time given him
he, the said duke, had say would
make his appearance and take his Trial, which not doing, the duke Lancaster, lord high steward, with the consent the lords temporal, and the earl Wiltshire, then proc
down turning
writing, and then departed.
him about the clock, the the same day, the duke read
afternoon
writing the said Confession, with his own tor the prelates and clergy, gave Sentence
mouth, and gave the same Wm. Rickhill and Judgment against him, according- the with his own hand. Further; Wm. Iłickhill tenor the proclamation.
said the said duke, that there was any Sir John Cobham convicted.
thing unore touching this matter, that would On the 28th January following, came speak for the king's satisfaction, and the the Trial John Cobham, knight, who had knowledge the whole truth the affair. been impeached the commons the last Whereupon the duke said had forgot one
But,
temporal, and
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135] STATE TRIALS, I HENRY IV. 1300. —Articles ofAccusation [136
session for the same crimes that Thomas Mor cording the commission without the king's timer was, viz. that he, sitting in judgment, cence, who thereupon commanded him act. ” awarded Simon Burley and James Berners, To this the king himself answered, “That
was under such government that time, that could say otherwise, reason such were then about him; but that the commission was made against will the said John Cob ham could not deny. " the judgment and award inade against the said Simon and
was accused and impeached the com made. ”—Upon these Answers, the commons mons for the Treasons aforesaid, and command prayed the king give Judgment against him,
knights, to be executed as before, without the king's assent, in his absence, and in the ab sence of many peers of parliament who arose and would not such judgment, &c. against the peace the king, his crown and dignity. The duke Surrey, whose custody this John Cobham was, brought him into parlia ment answer the Articles alledged against
James, the prisoner said, “He was told
those who were then masters, that was the him, and the duke Lancaster told him, that king's will such judgment and award should
him answer his peril. Upon hearing
the Impeachinent read, the knight said, “That
the making the Commission was not
as convict and attainted of the use and exercise the counimission, &c. Whereupon, the lord high steward, consent aforesaid, gave
Judgment against the said John Cobham,
guilty and the use and exercise the
same, he said he did not meddle with without the case of the earl of Arundele. But all
the king's command, and that went the those judgments the king graciously pardoned; king and told him, he, with others, were made yet that was prisoner the isle commissioners, but that would not act ac Jersey during his life.
15. Articles Accusation against Rich ARD II. King England; Henry IV. 1399. [Rot. Parl. Hen. IV. N. 10. Rapin, 76. Cobb. Parl. Hist. 251. ]
ON Monday, the 6th Oct. 1399, the peers,
with the bishops and commons, England,
held the Tuesday next before. Which care the Commonwealth and desired the
being assembled the great Hall West
minster, and the new king placed the royal
throne; his command, Thomas Arundele, them, “That Henry, their king and lord, meant archbishop Canterbury, declared, “That crowned the Monday following, after this parliament was summoned king Richard, which would wholly addict himself the
summons was annulled and made void the commons that they would consent have the accepting the Renunciation the said king parliament continued the Tuesday following. ” Richard, and deposing him which was After this harangue was ended, Henry Percie, done the same day the presence the king, earl Northumberland, and constable lords and commons, the process here England, demanded the lords and com after read would appear. ”—He then told mons, whether they would agree his con them, “That this most famous realm, abound tinuance, who, being and severally exa ing felicities, had been long governed
children and young counsellors, and would ut
terly have been ruined and wasted, had not
God sent wise and discreet man govern
the same, who meant God's help,
governed himself the wise and old heads the realm. ”—After this he took for his text
these words out Maccabees, incumbit nobis
ordinare pro regno, the king's will governed the honourable, discreet, and
sage men the realm, and their common consent; and not his will humour,
mined, consented thereto.
rule the same. He further laid great stress
this, “That this nation, any under the sun,
might best support and live within itself, al year
ledging for authority this adage, Quod inter spiritual and temporal, and other persons regna, hoc principatum tenet. ” To these note; that
added, “That every good government three archbishop
things were required; 1st, justice: next, that Henry earl
the laws should that every degree
cations, should
Northumberland, and Ralph duly observed and lastly, earl Westmoreland; the lord Hugh
He brought many reasons why this nation ought be well governed, and said, “That their new king intended strictly observe these
three points. ” He concluded with acquainting
Renunciation Richard
The next thing they went upon, was read
the record the Renunciation king Richard with their acceptance the same, and the
Deposition the said king, follows:
The Record and Process of Renunciation
king Richard after the conquest, and
likewise the acceptance the same Re nunciation, with the Deposition the
same king Richard afterwards ensuing.
“Be feast
men, their several vo Burnel, Thomas lord Berkeley, the prior encouraged and protected. ” Canterbury with the abbot Westminster,
remembered, that Monday the saint Michael the archange! , the 23rd the reign king Richard the lords
say, the lord Richard Scroop, York, John bishop Hereford,
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1. 37 STATE TRIALS, 1 HENRY IV. 1399—against
Richard the Second. [138
William Thyrning, knight, and John Markham, justices; Thomas Stow and John Burbache,
doctors of laws, Thomas de Erpingham and
Thomas Gray, knights, Wm. de Fery by and
IDionysius Lapham, public notaries, first de France, and lord
puted to the act under-written, by the assent archbishops, bishops and other prelates and advice of several of the lords spiritual and churches, secular regular, whatsoever
temporal, and of the judges and others, skilful dignity, degree, state, condition they be; as well in the civil and canon law, as in the the dukes, marquisses, earls, barons, vassals,
laws of the realm, assembled at Westminster and valvasors, and and every my liege
people whatsoever, ecclesiastics seculars the said kingdoms and dominions, what
in the usual place of council; did about nine of the clock come to the presence of the said king, being within the Tower of London : and it being recited before the said king, by the said earl of Northumberland, in the behalf of all the rest before-named, so as aforesaid
name soever they are known, from the oath fealty and homage, and other oaths whatsoever
o,
bishop of Canterbury, and the earl of Nor
me made, and from bond tye legi ance, royalty, and dominion, whereby they have
joined with him ; how the said king hereto been are obliged, otherwise any manner
li
learned should best order; the said king before way, and form that may these writings, the said lords and others above-named, here renounce and totally resign kingly dignity
unto benignly answered, “ That he would and majesty, and the crown and dominion and with effect accomplish, what before in that be power the said kingdom and dominions, and half he had promised,” but desired to have other my dominions and possessions, any some discourse with his cousins, Henry duke of way belonging appertaining unto me, Lancaster, and the said lord archbishop of Can what name soever they may reckoned up terbury, before he fulfilled such his promise. within the aforesaid kingdoms, elsewhere Afterwards the same day after dinner, the said and right and colour right and title, pos king much affecting the coming of the said duke session, and dominion, which any time
of Lancaster, and having long waited for him, have had, now have, any means shall
at last the said duke of Lancaster, the lords, have the same, any them, with
fore at Conway in North-Wales, being at
bound unto me. And do free, release, and acquit them and their heirs and successors for ever, from the said oaths and orher obligations
berty, did promise unto the lord Thomas arch.
that he would yield up and re whatsoever. And do dismiss them free, un nounce the crown of England and France, loosen, quit and full immunity, far re and his regal majesty, for causes of his ina lates inv person, every effect law which bility and insufficiency, there by the said king may follow from the premises, any them. himself confessed, and that in the best manner And purely, my own accord, simply and form the same could be done, as counsel and absolutely, and the best manner,
the said schedule; the tenor whereof - such
“In the name the grace
Richard, God, king England and Ireland, do absolve the
God. Amen.
and others above-named, and also the said arch their universal rights and appurtenances,
bishop of Canterbury, did come to the presence
of the said king in the Tower aforesaid: the lords
de Roos, de Willoughby, and de Bergavenny,
and very many others being then there pre administration, and all manner
sent; and after the said king had had discourse mixt empire and jurisdiction me
with the said duke of Lancaster and archbishop, kingdoms belonging, that may
exhibiting a merry countenance here and there and the name king, and the honour, re amongst them to part thereof,; as appeared to gality, and celsitude royal, purely, voluntarily,
those that stood round about at last the said simply, and absolutely, the best manner, king calling to him that were there present, way, and form that the same can done did publicly say before them, “That was these writings, renounce, and them to ready make the renunciation, and re tally resign, and deed and word dismiss
nounce and recede, according the promise and quit the same, and from them recede him made aforesaid. ” And forth with, for ever. Saving my successors kings
although, was said unto him,
made some deputy have served his voice, for avoiding tedious
might have the organ
England, the rights them any them be longing, that shall any way belong, the said kingdoms dominions, and other the
labour
the reading the said cession and renuncia premises for ever. And confess, acknow
tion, reduced others into schedule parch iedge, repute, and truly and out certain inent; yet the said king, very willingly knowledge, judge myself have been and appeared, and with pleasant countenance, utterly insufficient and unuseful for the holding the said schedule his hand, said, rule and government the said kingdoms and
That himself would read it,” and dis dominions, with their appurtenances: and tinctly read the same through and also did that for my notorious demerits deserve
absolve his liege people, and renounce, and
recede and swear, and other things did say and pronounce reading, and did subscribe
with his own hand, more fully contained
deposed. And swear upon these holy gos God, me corporally touched, that
will never act contrary the said resignation, renunciation, dismission, and cession; nor any
any dependencies however, them them: and also the rule and government
the said kingdoms and dominions, and their incer and the said
any
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STATE
TRIALs, Henry
1399–Article Accusation [140
himself, his Renunciation and Cession aforesaid, signified, that the same was very expedient, did each man singly himself,
139]
way oppose myself
pleasing, and firmly hold and observe the same publicly declared, that besides such Cession the whole and every part; God me and Renunciation aforesaid admitted,
help, and these holy gospels God. the would very expedient and profitable before-named king Richard here subscribe the kingdom, for the removing scruples, myself with my own hand. ” and taking away sinister suspicions, that every
“And presently the said Renunciation many crimes and defects, the said king and cession, the said king added word about the governance his kingdom very mouth, “That lay his power, the said often committed, reduced into writing wa duke of Lancaster should succeed him his articles, reason which, himself
kingdom. ” But, because, said, this did affirmed the Cession him made, was
. . . word, deed
the same
any other
me lies, permit the same publicly
others: nor will,
much
privately
said renunciation, resignation, dismission, and admit the said Cession and Renunciation. cession will for ever esteem ratified and well After which admission, was then and there
contraried but the
and common with the
people, unanimously
his pleasure, did request the deservedly deposed, should publicly York, and bishop Here read, and declared the people.
And
for that time had constituted his the greatest part the said articles were
not depend
said archbishop
ford, whom
procurators,
cession and renunciation the states of the all which Articles such kingdom, ‘That they would pleased sig
declare and intimate such his then and there read through. The tenour
Articles against Richard
behalf. ’ And token of such his will and in “Imprimis, objected against king
nify the people, his will and intention that
tention, did then and there openly pluck off the Richard, that whereas reason his golden ring his signet from his own finger, government, viz. his giving away his goods and and put upon the finger the said duke possession belonging his crown, and that Lancaster, desiring affirmed, that the persons unworthy: and his indiscreet squan
same might made known all the states the kingdom. Which being done, taking their leaves both sides, they went out the said Tower return their lodgings.
dering the same away otherwise, and that end imposing, without cause, collections and other grievous burthens his people, more than they were able bear; and also innu
“But the morrow, viz. Tuesday the feast merable other evils his assent and command saint Jerome, the great hall Westmin perpetrated; there were the whole parlia
ster, the place honourably prepared for hold ment certain prelates, and others, temporal ing the parliament, the said ar-hbishops lords, elected and assigned, who might with Canterbury and York, and the duke of Lan their power, and their own charges, faith caster, and other dukes and lords, well spi labour about the just government the ritual temporal, whose names are under realm yet the king causing conventicle written, and the commons the said kingdom, held him, with his accomplices, the said assembled great multitude parliament lords, well spiritual temporal, occupied being present, and the said duke Lancaster about the safety and profit the kingdom, did being seated place due his quality, and propose impeach high treason; and did the chair state being solemnly adorned with violently draw the judges the kingdom, for cloth gold, but then empty, without any fear death and corporal tortures, such his
person whatever presiding therein; the above wicked purpose, most vigorously striving de
named archbishop York, the name him stroy the said lords. -2. The said king lately self, and the said bishop Hereford, ac Shrewsbury, caused several, and the greater
cording the order the said king, did pub part the judges, come before him and his licly declare the Cession, and ltenunciation, favourites privately chamber, and me
have been made him aforesaid, with naces, and various terrors, and such affright the subscription his royal hand, and delivery ments might fall even upon men constant his signet. And the said Cession and Re resolutions, did induce, cause, and compel them
nunciation, did there cause read ano severally answer certain questions there pro ther, first Latin and then English. pounded, the behalf the king; concerning “Immediately after which, was demanded the laws his kingdom, besides, and against
the estates and people there present, their will, and otherwise than they would have
wit,
whom,
tive his metropolitan church Canterbury, posed have proceeded afterwards the de
first
the
reason the dignity and preroga By colour
. . . }.
answers, king pur the said
archbishop Canterbury, answered, had they been liberty and unforced.
belongs this behalf have the first voice, amongst the rest the prelates, and nobles the realm, “whether for their interest and
the utility the kingdom, they would
pleased admit such ltenunciation and Cession. ’ And the said states and people, judging from the causes the said king
struction Thomas duke Gloucester, and the earls Arundel and Warwick, and other lords, against whose deeds and behavour the said king was much incensed, chiefly because they desired the said king under good guidance; but Providence withstanding
the resistance and power the said lords, the
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141] STATE TRIALS, I HENRY IV. 1999. —against Richard the Second. [142
king was not able to bring such his design to effect. —3. When the lords temporal defending themselves, had withstood his malice and fraud, and the said king had prefixed a day for holding
his parliament to do them and other inhabitants of the realm, justice in that behalf, and the said temporal lords were quietly and peaceably gone
beat and wounded, and did plunder the goods the people, and refuse pay for their victuals, and did ravish and violate their wives, and other
women; and though there were grievous com
home, and at restintheir houses, inhope and con remedy thereupon, but did favour the said fidence of the said parliament, the king secretly troops such their evil-doings, trusting them sent the duke of Ireland with his letters and stan and their guard, against others his king
dard towards Chester, and there gathered mul dom; for which cause, the faithful people titudes in arms, and caused them to rise against his kingdom had great matter commotion the said lords, the nobles of the kingdom, and and indignation. —6. Although the said king servants of the state, publicly erecting his stan his writs, caused proclamation made
dard against the peace which he had sworn to throughout the whole kingdom, that had keep. From whence slaughters of men, capti caused his uncle the duke Gloucester, and vities, dissentions, and other infinite mischiefs, the earls Arundel and Warwick, be taken did ensue throughout the whole kingdom; b and arrested, not for any assemblings which act he became guilty of perjury. —4. Al troopings them formerly made within the though the said king had in full parliament kingdom England, but for very many ex and by the assent thereof, pardoned the said tortions, oppressions, and other things them duke of Gloucester, and earls of Arundel and afterwards done, and perpetrated, against his
Warwick, and all their assistants, and others,
all offences; and had for many years shewn
royalty, and kingly majesty; and that was not his intention, that any the family the said duke, and earls, their followers the
plaints, hearing not regard
such their excesses, brought the
the said king, yet the said king did cause justice done, any
signs of peace and love, to the said duke and
earls, and to the rest appeared with a pleasant time such assembling, and trooping, should
and benign countenance. Yet the said king for that occasion molested, aggrieved; always and continually bearing gall in his heart, yet the said king, last, his parliament,
did at last, taking an opportunity, cause the said duke of Gloucester, the uncle of him, the said king, and also the son of Edward the late king of happy memory,
did not impeach the said lords for extortions, oppressions, any such matters, but for the
#.
ble of England, then humbly going to meet the
said king, in solemn procession; and the said
earls of Arundel, and Warwick, to be taken and
arrested; and him the said duke out of the
kingdom of England, to the town of Calais, did
cause to be led, and there imprisoned, and un
der the custody of the earl of Nottingham, one
of the appellors of the said duke, detained, and
without answer, or any lawful process whatso
ever, did inhumanly and cruelly cause to be
suffocated, strangled, and murdered. And the
earl of Arundel, though he pleaded as well the
general pardon, as a pardon afterwards to him
specially granted, and desired justice to be done
him, yet in his parliament encompassed with
armed men, and innumerable archers of the
people by him gathered to that purpose by
pressing, did damnably cause to be beheaded.
And the earl of Warwick, and lord Cobham, did oppress, his people, subtlely procured, and commit to perpetual imprisonment; wickedly
of
and consta
death;
the said lords, and others, who were follow
and against justice, and the laws of kingdom, and his express oath, confiscating their lands and tenements, well fee-simple, fee-tail, from them and their heirs, and giving the same
their appellors—5. the same time, that
the king his parliament caused the duke Gloucester, and earls Arundel and Warwick,
adjudged, that might inore freely exer cise his cruelty upon them, and accomplish his injurious will other matters, gathered himself great multitude malefactors the eounty Chester; whom some passing with the king through the kingdom, well within the king's palace without, did cruelly kill the liege subjects the kingdom, and some they
caused granted, “that the power the parliament the consent the states this kingdom, should remain certain persons, de termine, after the dissolution the parliament, certain petitions the said parliament exhibited, but then not dispatched. ” By colour which grant, the persons deputed proceeded other things generally touching that parliament. And this with the will the king; deroga tion the state parliament and the great damage the whole kingdom, and pernicious example. And that they might seem have some colour and authority for such their doings, the king caused the Parliament Rolls
altered and blotted his pleasure, against the effect the said grant-9. Notwithstanding
assemblings and troopings aforesaid did adjudge
them
and
very many
the
ing them the time such their assembling, and trooping, did, for fear death, force
make fine and ransom, traitors rebels, the great destruction great number his people. . . And did subtlely, fraudulently, and maliciously deceive the said lords, and their domestics, and the people his kingdom. —
After very many those persons mak
ing fine and ransom, had obtained the king his letters patent full pardon the premises, they could not reap any commodity such letters pardon, till they had made new fines, and ransoms, for saving their life, whereby very many were impoverished; which was great derogation and dishonour the name and state king. —8. the last parliament held Shrewsbury, the said king purposing
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113] STATE TRIALS, HENRY IV. 1399. —Articles
Accusation [144
very many lords and others kingdom, divers sums money way loan,
paid against certain term, notwithstanding
the said king faithfully promised letters patent the several persons
borrowed the said monies, that
limited aforesaid, would repay the same yet did not fulfil such his promise, nor are they yet satisfied the said inonies, whereby such creditors are much aggrieved; and not only they, but many others the king dom, repute the king unfaithful. —15. Where
the king England, the revenue his kingdom, and the patrimony belonging
crown, able live honestly, without the oppression his people, long the king
dom not burdened with the charge wars; yet the said king, manner, for his whole time, during the truces between the kingdom
England and adversaries, hath not only crown and royal dignity, and against the sta given away great, yea indeed, the greatest
the said king at his coronation had sworn, “ that in his judgments, would cause
done equal and right Justice and discretion, mercy and truth, according power;” yet the said king, rigorously, without mercy, did, amongst other things, ordain, under griev ous penalties, that none should sue any
favour, intercede with the said king, for Henry duke Lancaster being banished, where
the said king did act against the bond charity, rashly violating oath afore-aid. —
knew would not op own and others private
10. Although the crown
land, and the rights
kingdom itself, have
the kingdom Eng the said crown, and the
time past been
his several whom the term
free, that our lord the pope, nor any other
without the kingdom, ought concern him
self about the same; yet the aforesaid king,
for the corroboration of such his erroneous
statutes, did make supplication our lord the
pope, that would confirm the statutes or
dained his las parliament; whereupon
our lord the pope granted his Apostolic
Letters, which grievous censures are de
nounced against any that should presume anything act contrary the said statutes;
decree publickly proclaimed before the
as their discretion and conscience should seem expedient, for the good and utility the kingdom, the said king hath caused persons
be made sheriffs, not nominated elected; but others, according the caprices his pleasure, sometimes his favourites creatures,
had been made parliament, which always
had exhibited
his kingdom; not converting the goods levied the commodity and profit the kingdom England, but prodigally squander ing away for the ostentation his name, and pomp and vain-glory; whilst great sums
money are owing kingdom, for the victuals his household, and other things bought, though hath abounded with riches and treasures more than any his progeni tors. --16. The said king, not willing keep
people assembled the said combat: yet the
said king, without any legal reason whatsoever,
did cause and command the said duke be
banished for ten years, against justice, and
the laws and customs this kingdom, and the
law war that behalf, thereby damnably dom, but according his arbitrary will incurring perjury. —12. After the said king whatsoever should occur his desires; some
had graciously granted letters patent, times, and very often, when the laws
the lord Henry, now duke Lancaster, kingdom have been expounded and declared
that his absence, whilst was banished, his general attornies might prosecute for livery him be made all manner inheritance
successions belonging unto him and that
him the judges and others his council,
and that they have desired that would justice according those laws, hath expressly
cer revoke
and with said, that sometimes,
angry and haughty countenance laws were mouth,” and that they were his breast,”
his homage should respited, paying
tain reasonable fine; injuriously did
the said letters patent, against the laws
land, thereby incurring the crime perjury. — change the laws kingdom. ” and being 13. Notwithstanding that was enacted, that seduced with that opinion, did not suffer jus
every year the officers the king, with his tice justices, and others the king's council, should ple, but
t
and sometimes such
pose humour, for
advantage, the great grievance his people, and against the laws his kingdoin, thereby notoriously urring perjury. —14. At such time the aforesaid king requested, and had
which are well known tend against the
tutes and liberties the said kingdom. —11. Although the lord Henry, now duke Lan caster, the king's command, had preferred his bill touching the “State and Honour
part the said patrimony, and this unwor thy persons; but also hath further imposed
subjects ed,
the King" against the duke
the same had duly prosecuted;
cording the king's order,
himself points prepared for the combat; and the said king had declared, that the said duke Lancaster had honourably performed his devoir much him lay; and this
many burdens money grant were, every year his reign, that hath extremely and too excessively
Norfolk, and that, ac
thereby
oppressed people, the impoverishment
protect the just laws and customs king
the and that “he himself alone could nake and
threats and terrors hath forced very cease from the prosecution com and name them our lord the king, according mon justice. 17. That after certain statutes
choose sheriffs for the counties
England, many
bind thority
desiring
they are specially revoked the au another parliament, the said king,
enjoy such liberty that such sta
done very many his liege peo
tutes should bind him, but that might and execute pleasure, subtilly procured
so his
“an his
a into to of
a do
of of to histo of to of to dohisdo soonhis;be
to of
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of into as all
or or of of ;
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to all
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of it
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inof all
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till to to “
he
as his
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its
to
of
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of
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orto to to in
a
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o of
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allof
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of
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of
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to
he
of
all
145] STATE TRIALS, I HENry IV. 1399. -against Richard the Second. [146
petition to be preferred in parliament on behalf that might abound superfluous riches, did of the commonalty of his kingdon, and to be cause the people seventeen counties the granted to him in general, “that he might be realm submit themselves the king trai as free as any of his progenitors were before tors, letters under their seals; colour him. ” By colour of which petition and con whereof got mighty sums money cession, the said king hath very often com granted him, the clergy and people those manded very many things to be done against counties, for obtaining his royal good-will and such statutes unrepealed; acting there in ex favour: and though, please the people, the pressly and knowingly against his oath taken in king had caused those obligatory letters coronation, as afore said —18. Although it was stored yet the procurators the people,
enacted and ordained, that no she, should having full power granted them oblige them hold his office above one year together, but selves and their heirs the said king; he, the that years should pass before should said king, caused them under their seals, be again admitted that office; the said king Rd. bound him the name the said people; sometimes for his own single commodity, and and deceived his people, and subtlely ex sometimes the instance of others for their torted from then their goods. -22. Although advantage, hath permitted and caused certain the said king, his coronation, had sworn
sheriffs stand and remain continually thei keep the liberties granted the Church offices, sometimes two, sometimes three years, England; yet the said king, reason his against the tenor and effect the statute voyage into Ireland, did his letters command aforesaid, thereby incurring perjury; and this very many religious persons, viz. abbots and
notorious, public, and generally spoken priors his kingdom, strictly requiring that of. -19. Although the statute and custom some them should send him certain horses; realm, the calling together every and some them not only horses, but also
parliament, his people the kingdom ought
the several counties waggons and carriages for his said voyage,
the said writing,
fear
free choosing and lieu thereof great sums money present such par letters expressed which manner
deputing two knights
liament, for each respective county, and forced many such religious out
declare their grievances, and prosecute such fulfil his will and command; whereby they remedies thereupon, them shall seem ex were heavily impoverished and oppressed, pedient; yet the aforesaid king, that his manifest derogation ecclesiastical liberty; parliaments might able more freely which pretext the said king did incur perjury. — accomplish the effects his head-strong will, 23. most the great royal councils, when did very often direct his commands his she the lords the realm, the judges and others, riffs, that they should cause come his being charged that they would faithfully coun parliaments, knights the shire, certain sel the king matters relating his state and
his favourites,
|. o
ersons the said king named; which knights, that his kingdom; the said lords, justices,
might lead, often and others, very often giving counsel, ac
had done, sometimes
terrors, and sometimes
those things were prejudicial the kingdom, reproved, that they have not dared speak
various menaces and cording their best discretion, have been gifts, consent the king suddenly and fiercely chidden and
and exceedingly burdensome the people; the truth, giving their advice for the state and especially grant the said king sub the king and kingdom. --24. The treasure,
sidy on wool for the “term his life,” and crowns, reliques, and other jewels, viz. the another subsidy for certain years, thereby too goods of the which time out of mind grievously oppressing his people. —20. The said have been reposited the treasury the king
king, that might more freely fulfil and fol low every thing his own arbitrary will, did
unlawfully cause and command, that the she riffs, throughout his whole realm, besides their
ancient accustomed oath, should swear that they would obey his commands, often they should directed them, under his great and privy seal, and also his letters under his signet; and that case the said sheriffs
dom, for the honour the king, and preserva tion his kingdom against any sudden event exigency; the said king going out his
kingdom into Ireland, did take away, and caused the same be carried with him without the consent of the states of the kingdom wiere
this kingdom had been vastly impoverished, God the retaking the said goods against
the said king's will had not otherwise provided. know that any within their And furthermore the said king did cause the
should come
bailiwicks,
had publicly
that might tend the disgrace or scandal of
his royal person, they should arrest and impri heriting the crown the said kingdom; and
whatsoever condition they were, secretly said spoken any
Rolls Records touching the state and govern ment his kingdom destroyed and raced, the great prejudice his people, and disin
son them, there safely kept till they should receive command from the king the contrary, may found the record; which fact may
this, probably believed, favour and
robably tend the destruction many the
iege people the said kingdom. –21. The said ings, and contrary himself, and especi
king, striving trample under foot his people, ally writing the pope, and kings, and and subtlely acquire their goods himself, other lords out the kingdom, and within
Vol.
support his evil governance. —25.
king was wont, were perpetually,
variable and dissembling his words and writ
The said
L
in
of In of
of so to
he
to
of to of
of he
as astoinilliff
so of to
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be of so in of to by
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be it,so
of
of to to
to
to
ofto asof by byintoor. ofto bebe
:”
of
of of in by
of: by
at in
is his
147]
STATE TRIALS, I HENRY IV. 1309. —Articles of Accusation [148
and also to others his subjects, that no man kingdom did submit and pay obedience, living that knew his conditions could or would that they might not incur his indignation confide in him; nay, he was reputed so un displeasure, and also for fear death. -29. faithful and unconstant, that it became scan When parties contending the ecclesiastical dalous not only to his own person, but also to court causes merely ecclesiastical and spiri the whole kingdom, and especially amongst tual, had endeavoured obtain from the chan
. . . ments, the goods and chattels of every free had
every one his subjects, and his lands, te cation against such violaters thereof the neinents, goods, and chattels, are his, the said holy fathers pronounced. —30. The said king
king's, his will and pleasure, without any without any reasonable
foreigners of all the world who came to know cellor England, prohibitions hinder the the same. —26. Although the lands and tene lawful process the said courts, and the said
man, by the laws of the realm used from same yet the said king
time heretofore, ought not taken from net, has frequently prohibited the ecclesiastical him, unless they forfeited yet the said judges proceed such causes, thereby evilly king purposing and longing weaken such infringing the liberties the church the laws, the presence very many lords, and Grand Charter approved, the conservation others the commonalty the kingdom, hath whereof was sworn, and damnably incur frequently said and athrmed, “That the life ring perjury, and the sentence excommuni
soever, any other process
parliament encompassed
armed men, adjudge Thomas Arundel, lord archbishop Canterbury, (primate Eng
the treacherous counsel the said king) pass upon him, but the lawful judgment banishment, against thoe laws his kingdom,
forfeiture. ”—Which utterly against the laws
and customs 27. Although
the kingdom aforesaid. — was enacted and ordained, confirmed, that no freeman
warlike manner
and hitherto
shall taken, nor any way destroyed; and land, his spiritual father, absenting himself
that the king shall not pass, nor send any
something that might tend the dispraise, this clause article.
scandal, disgrace the person the said residue our gold, (the true debts our hous king, have been taken and imprisoned, and hold, chamber and wardrobe, being paid, for
brought before the constable and marshal payment whereof we bequeath 20,000 marks, England the court military, which court reserving our executors, 6000 marks;
the said liege people being accused would not which we will them expended towards admitted make any other answer, than the more plentiful maintenance the lepers,
that they were way guilty, and would jus
tify the same, and defend themselves their bodies, and not otherwise; notwithstanding
their appellors were young men, stout and
and chaplains, celebrate before them, founded Westminster and Bermondsey. ) shall remain our successor, provided always that approve, ratify and confirm, and hold, and cause holden, and firmly observed,
lusty, and those accused, ancient and im
potent, mained infirm whereby not only and singular the statutes, ordinances, and judg destruction the lords and grandees the ments, made, given, and rendered our par kingdom, but also and singular persons liament begun Westminster the 17th Sept. the commonalty the same may probably en the 21st year our reign, and the same sue: since therefore the said king hath wilfully parliament continued Shrewsbury, and there acted contrary such statute this king
dom, 'tis not be doubted but hath thereb
perjury. —28.
ments, and establishments,
the 16th Sept.
incurred the crime
the people the realm England, virtue
their legiance, are fully enough bound their king; and the said king, the laws
reign, Westminster,
Coventry;
A.
holden and also the ordinances, judg
and customs his kingdom, enabled cor
rect and punish his people, any kind they
transgress; yet the said king desiring tram But otherwise, our said successor shall refuse
not be Surrey,
Ex
well spiritual temporal, should take certain chamber, and our wardrobe, and reserving
oaths general, which were too grievous 6000 marks, aforesaid, shall have and hold them, and which might probably cause the final all the said residue abovementioned for destruction his people and that they should support and defend the said statutes, establish confirm such their oaths under their letters and ments, ordinances and judgments, their ut
seals. To which royal command, the people most power, even unto death, neces
ple on, and too much oppress his people, that might the more freely execute and follow
Edward duke Albemarle, John duke
his letters the counties his kingdom, did eter, and William Scroop earl Wiltshire, enjoin and command, that his subjects, paying first the debts our household, our
the humour his foolish and unlawful will,
lieve) then we will that Thomas duke
the 22d terwards
our
and af. March,
the 8th the year aforesaid, the authority
justly
refused
grant
the
the said parliament, and likewise other ordinances
and judgments, which shall hereafter happen made authority the said parliament.
perform the premises, (which we
letters under his sig
lawful cause what law, did. his
his peers, the laws the land yet
the will, command and order the said king,
very many his liege people being maliciously
accused for having publicly secretly said signet, among other there contained
him sworn aforesaid. —31. By inspec tion the testament the said king, sealed with the great and privy seal, and also with his
“Item, we will that the
if
of
5 of or
of
in
of
itto
of is
of
to
of
to
of
to
by
;
of by is
a of
in
heofbe of be is
in
to
as by
to of tobe in in
of
byofto
all
as
of if
ofat be to to by to
in
toof
as all of
of
in
or at of or
of of
of be; ofdo
ofof in
in in of
of
of
of in or of of
to
of by
to
5 of
to or to
all
by us
all in by in toby by
or
inis
by
heof in
toor of of :
to: to be
to ofof
orso no
it of
of all
allofifof; ofof
be
totoby ofby
by
;he of :
his in
at atof orhetoof by of to to or of
leby asin
of at all
all at
to be
of
to
so
of
149] STATE TRIALS, I HENRY IV. 1300–against Richard Second. [150
sary; upon which, and every part, we hereby charge and burden their consciences they will answer the day judgment. ” By
against the laws the kingdom and justice, confiscated his goods, whereby likewise be
came guilty perjury. But furthermore, the said king being willing palliate inalice and subtilty, flattering discourses which ost times had with the said archbishop, did endca vour clear himself such injury done, and
may evidently enough appear,
which article
that the said king did obstinately strive maintain and defend those statutes and ordi
nances, which are erroneous and unjust, and
repugnant law and reason. And this make were the doings others; insomuch not only during his life, but after his death too; that the archbishop discoursing with the king, neither regarding the peril his own soul, nor and with the duke Norfolk, and other lords,
yet the utter destruction his said kingdom liege people. —32. the 11th year the
said king Richard the said king, the chapel his manor Langley, the presence the
dukes Lancaster and York, and very many other lords, desiring, hath appeared, that
his uncle the duke Gloucester, then there |. . . ". should fully confide the good will
and great men the kingdom; happened say, way lamenting his own condition, “That he was not the first that had suffered banish
inent, nor should the last; for thought short time the duke Norfolk, and other
lords would follow him; and confidently averred the king, that the rigour these pro ceedings would finally returned back his own head. ” To which the said king, as tonished, hastily replied, “That verily
the said king; did voluntarily and
own accord, swear before the venerable Sa
crament the Lord's body there placed, upon thought might happen and that
the altar, that thenceforwards would never himself might and indeed ought ex endamage, trouble, grieve him, the said duke pelled his kingdom his liege people. ” And
Gloucester, for any his deeds which were said have been committed against the per
son him the said king, but did cheerfully and totally forgive him his offences,
further, the said king said, “That the same should happen, would convey himself the same place, where the said archbishop should be. ” And that the archbishop might the
any were. Yet, afterwards, notwithstanding
such oath, the said king did horribly and cru
elly cause the said duke murdered, for
such the before pretended offences, thereby intimating for certain, incurring the guilt damnable perjury. — shop, that whenever
his outward vestment; the said archbi should send that jewel 33. After one the knights the shires for token, would not delay come thi
the said, kingdom, having voice par ther, where the said archbishop should re liament, had impeached the said Thomas arch sident; and that the said archbishop might bishop Canterbury, upon certain defaults, more confide him, the said king sent committed against the king's majesty, was him, advising him, that should privately untruly suggested; and the said archbishop send his jewels, and other things value, presently then and there offered himself ready belonging his chapel, unto him the said
answer the matters charged upon him; and king, for the safe keeping thereof; lest
rather credit his words, shewed him certain great jewel, curiously formed, un
derneath the skirt
thereunto admitted colour the before-mentioned judgment, any said, but one should wrongfully seize the same. Which,
the event the matter has declared, speak the archbishop's clerks; and keeping the
desired that might
the king, not doubting,
should able sufficiently
cence yet the said king, contriving the ing done, the said king caused him reposite ways and means could, oppress the said the said goods certain coffers; and the said archbishop Canterbury, and ruin his estate, coffers locked up, and sealed one
shew inno under the greatest confidence the world, be
ing graciously, and with chearful countenance, the said archbishop, from his royal seat, did advise, and very earnestly request him, that
that time, would hold his peace, and expect better and more time make defence; which day being passed, the said king from day day, for five days more, did fraudulently and treacherously deceive
the said archbishop, counselling him, and per
suading him, that should not come the
parliament but wait home without any fear;
because, the said king faithfully did promise that the said archbishop should out the him, there should not his absence any loss realm, should without fail return into Eng prejudice done happen him. Notwith land, before Easter next following; nor should standing which, the said king, parlia any kind lose archbishopric and this ment aforesaid, did the mean time, adjudge faithfully promised, swearing upon the cross the said archbishop banished, during the the late martyr Thomas, archbishop king's pleasure, though absent, and never any Canterbury, him the said king corporally way called answer, and without any reason touched; which promises notwithstanding, able cause whatsoever; and also voluntarily, the said king forced the said archbishop de
said coffers him, returned the keys thereof
the said clerk afterwards, unknown
the archbishop yet the said archbishop
caused the said coffers
and disposed the goods therein, his will and pleasure. Furthermore, the said
king promised the said archbishop . . .
that would but repair the port Hampton, order out the realm,
would last, the intercession the queen, get him recalled. And should happen,
broken open,
to
of
be
to
he
to
allas beof of be of .
to
of itall
all
in by
be by
it by
toin or be
of
heIn
of in
by
to in by
by St.
of in
in he
of
be ofto
ofall
in his
of
in
his
he
he all be
of
:
go of
to
of
his he
or
if
heif a a
he at
he
to
of all to
asto it ofif
to
to
he of he to
by so he ;
of
goto if to
of
the
his at to as by to of
of
in
of
a :
of
he
ofhe he
all
in
athe to
in a ofofas
or to byhis to all
as in
of ofof hisof or
it be in of to
of
by to
ofhe heof of by. to a he
he
at :
of
all
he
he
he
to asdo
.
ofto
be it in of
to to of to as all
of
tofit abein
if
or
of
to he
to be ason
151]
STATE TRIALS, 1 HENRY IV. 1300. —Articles of Accusation [152
the confession of the said Richard acknow letters to the apostolical see, to have him ledging and reputing, and truly, and his own translated. And so, and by other frauds, and certain knowledge, judging himself have
deceitful tricks of the said king, the said archbi been and utterly insufficient and unmeet shop being a well-meaning believing man, was for the rule and government the said king subtilly circumvented. ” doms and dominions, and their appurtenances,
part the realm; and forthwith transmitted special
Serence of Deposition passed upon Richard 2. and for such his notorious demerits worthy After the recital of the foregoing Articles, deposed him the said Richard was be
the Record proceeds thus; “And because it fore declared, and his will and command, seemed to the estates the realm, being published before the said states, and made asked their judgments thereupon, well se known and exposed them the vulgar verally jointly that these causes crimes tongue; having already had diligent delibera and defaults were sufficient and motorious tion upon these things and others, trans depose the said king considering also his own acted this affair before the said states and confession his insufficiency, and other things us, we do, the behalf, and the name, contained his said renunciation and cession, and the authority this matter com
openly delivered; the said states did una mitted, abundanti and for caution, pro nimously consent, that abundanti, they nounce, decree, and declare him the said Rich should proceed unto deposition the said ard have been, and unfit, unable, and king for the greater security and tranquility utterly insufficient for, and unworthy the
the people, and benefit the kingdom. rule and government the said kingdoms, Whereupon the said states and commons una and the dominion, and rights, and appurte
nimously constituted, and publicly deputed
certain commissioners, viz. the bishop saint
Asaph, the abbot Glastonbury, the earl
Gloucester, the lord Berkeley, Thomas Er such dignity and honour were yet remaining pyngham, and Thomas Grey, knights, and him. And with the same caution we do de
pose the said king Richard, from kingly dig nity, majesty, and honour, the behalf and the name, and the authority the
lords, archbishops, bishops, and prelates, dukes, marquisses, earls, barons, knights, vassals, and valvasors, and other subjects, and liege people
said states, like cases, from the ancient
custom the said kingdom had been observed.
and forthwith the said commissioners taking
upon themselves the burthen the said com any way obey regard the said Richard, mission, and sitting
nances the same and for and reason
the premises, deservedly deposed, and from royal dignity and honour, any thing
sir William Thirnyng, one the justices, pose him this our definitive sentence writ pass such sentence deposition and de ing, expressly forbidding and singular the
the said kingdoms and dominion, and other places the said kingdoms and dominion be longing, that henceforth none then shall
tribunal before the king lord the said kingdom and dominion. state, having first had “Furthermore, the said states willing that
said royal chair
some debate the
and the name, and the authority afore value, ought required touching the said, pass the said Scntence Deposition, premises, being severally interrogated there
matter, did the behalf, nothing should wanting which might
being reduccd into writing and caused such upon, did constitute the same persons that were their sentence read and recited the before nominated commissioners, be their said bishop Saint Asaph, their colleague, procurators, jointly and severally resign and the will and command of the rest of the said give back
these words:– the and fealty
the said king Richard the homage him before made, and intimate
commissioners,
Thomas Erpyngham, and Thomas Grey, the premises, and the occasion them, that knights, and William Thirnyng justice, com the crown England, with appurtenances,
missioners specially deputed the matters was vacant; the aforesaid Henry duke Lan
name God, amen. Asaph, John abbot
should requisite, the premises Glastonbury, Thomas touching such his deposition and renunciation. earl Gloucester, Thomas lord Berkeley, —And then presently, soon appeared
We John bishop saint him,
the peers and lords spiritual caster rising from his place, and standing
the kingdom England, and erected might conveniently seen the the said kingdom, representing people, and humbly fortilying himself with the the said realm, sitting tri sign the cross his forehead, and his bunal: and having considered the multiplied breast, having also first called upon the name
under-written, and temporal
the commons all the estates
perjuries, cruelty, and very many other crimes the sail Richard, touching his government committed and perpetrated his kingdoms
Christ, did claim the said kingdom, vacant aforesaid, with its crown and all its nembers
and appurtenances; this form words and dominions aforesaid, during the time his his mother tongue:—“In the name Fader, governance; all them before the said states, ‘Son, and Holy Ghost, Henry Lancaster, openly and publicly propounded, exhibited, “chalenge this rewme Ynglonde, and the
and recited which have been and are so “croun with the members, and the appurte public, notorious, manifest, and scandalous, ‘nances, als. that am descendit, right line that they could not nor can concealed with “of the blode, comyng fro the gude lord king denial excuse. And considering likewise “Henry therde, and thorghe that right that
or
of
as
be
ifby inof
of
:
of
ofofofby
in
sir
; all ;
be in of
to
; onof er of of of
of
in
of
of in
asof by
ofInby allto
by toof to
of be of
ofas all to
it to to
of
in
in
ofso of on by
to
of
to by in
de
of of as to in be of
in of
all
of of
in
ofon a by a
of on
all; sir
by of of
of
“ ofofof
as
to of
inof
be
or asifortoallofer to
its
all
of
be inso of
as
of of
to
it to to by ;
I heof of on asbe all up or to by
to be be
on be ; by
in
ofI as
be
to to to ofus
all
be
in
153] STATE TRIALS, I HENRY IV. 1399. -against Richard the Second. [15 “God of his grace hath sent mee, with helpe of fles, and loves not one that argues according
“my kyn, and of my frendes to recover ‘which rewme was poynt ondone ‘defaut governance, and undoyng
the truth, yea indeed hates him beyond mea
amongst truth was that none durst speak plain and apparent
aswell the lords spiritual temporal, and the
states there present, being severally and jointly
interrogated, what they thought that claim; things, but understands wisdom, that the the said states with the whole people, without grace God may said him,
any difficulty delay, did unanimously con written Eccles. ix. ‘Blessed the man that sent that the said duke should reign over abideth wisdom. ” For child delighted them. And forthwith, the said king shewed vanity, man has regard truth and
“gude laws. ’—After which claim and challenge,
and therefore
enough, that he, that then reigned understood
Richard, delivered him token his will,
that he should succeed him aforesaid
said archbishop taking the said king Henry
the right hand, led him the royal chair state; and after the said king, kneeling down before had prayed little while, the said archbishop Canterbury, assisted the arch bishop York, did place the said king, and cause him sit the said royal seat; all the people wonderfully shouting joy. , And
and the said archbishop Canterbury, hav
nity depart, which has done much mischief our nation; for now man shall rule, who
for sure. But heretofore the trainpled under foot,
the states the kingdom the signet king wisdom. Truth therefore shall enter and va
the
with much ado procured silence from the over us; wit, one that speaks not like
over-joyed multitude, made short discourse, oration these words:—Wir dominabitur populo; “A man shall reign over my people,’
Sam. ix. 17. —These are the words of the
King Kings, speaking Samuel, and teach him how person should qualified
child; but thus one that has the perfection reason. -- come not my own will,
but the will him that sent me;’ wit,
child. For man not addicted such
seeks after truth, and not vanity Thirdly, said, thought
child thinks and studies only how
humour and things according
will, and not according reason; therefore
when child reigns, there only self-will reign, and reason banished, and constancy put flight, and great danger ensues; from which danger we are delivered, for man shall rule
God; and therefore such not only that will abide that man, not child,
man will say wisdom, but also
flattery. child, for
have his own
will meditate rule, since the people desired have king the circumspection God; that will given. And not unfitly may they said every way diligently observe that God's will,
our lord the king, whom we behold this day; not his own, done; and the stead
and we but intimately consider these words, they afford matter great consolation; for
child wantoning foolish stubborn humours, man shall reign, and such man that shali said him—a king shall reign wisdom, people Isaiah, saying, Isaiah will and shall execute judgment, and justice
the earth. ”
Henry's Declaration Thanks.
Which harangue being ended, the said lord king Henry, appease the minds his sub
God does not threaten us, did formerly
make children rule over them. ' But ac
cording his compassion, who his wrath re
membereth mercy, bath visited his people, and now children no more, heretofore, shall lord over them; for the Lord saith them, “a man shall rule. ” Of the late rules of this
jects, did then and there utter these words: “Sirs, thank God and zowe spiritual and
kingdom
said that child,
any them, one might have fitly
the apostle, Cor. xiii. spake understood child, thought
temporal, and zowe wyte,
man thymke that
the states the lond, and
noght my will that way conquest wold heritage, franches,
child. ” The apostle repeats thrice. “As child spake, understood and thought. ” As
disherit any man
speech, tis certain that child unconstant other ryghts that hym, oght have, put
speaking, easily speaks true, and easily
false, ready words promise, but what
promises presently forgets. Now these are things very inconvenient and dangerous
king; nor possible than any realm shall stand long happiness where these conditions bear sway. But from such mischiefs king dom freed, whose sceptre swayed man,
hym out that that has, and has had
the gude laws and customs the rewme ex cept those persons that has been agan the gude purpose and the commune profit the rewme. ”
And forthwith considering, that the former vacancy the royal throne, the Cession and Deposition aforesaid, power
justices, sheriffs, and other officers, throughout the kingdom, was ceased: therefore, the
belongs man set watch before
tongue; and such our present happiness, end that there might failure nor delay
the administration justice, the griev ance the people, caused principal offi cers and justices made and sworn him
hath not erred with tongue. ’ Then saith
the apostle, understood child now
child relishes nothing but flatteries and pleasing
things, and understands only baubles and tri chael, parliament should held. And that
over whom not child, but man set, and such one, hope we may say him, that Eccles. ix. ‘Blessed the man that
with the usual oaths. And was immediately proclaimed the king's command, that on
Monday next, after the said feast St. Mi
into a his ing1 oring itis I it if by
to
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is asheof a to a to
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asais asasaofasato
a is a itI in he to for
is be of
be
all of it;
is “I iii.
be
by of
; of
:' by as to
of a a “I
a
a aheaaas oftobyofby
in a of
in as do
in beaa of in
in
as it; a
be it
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all
Itois is so
to beheof do ait
behe
no
in a
of of
tisso
ofbe
es
toof doaas
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all
ofto ofbeit
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of a so heina in
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of Idotois all
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byorno ofonofato a is to
as
I a
155]
STATE TRIALS, I HENRY IV. 1309. -Articles of Accusation. [156
on the Monday following; should be the corona Berkeley for barons and banerettes, Thomas tion of the said king at Westminster, and that Irpyngham, chamberleyn, for the bachilers
those that could claim any service the and commons this lond be south sir Tho said coronation should come the White-hall mas Grey for the bachilers and commons
the palace, before the steward, constable, north, and my felawe Johan Markham and and marshal England, Saturday next, be me for come with hem for all thes states.