”
Richard's Imprisonment and Death.
Richard's Imprisonment and Death.
Complete Collection of State Trials for Treason - v01
.
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
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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
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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
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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,
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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
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as
be
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:
of
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; all ;
be in of
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; onof er of of of
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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
hisfor
inan is
I
of
of it, to of
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a is a itI in he to for
is be of
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is “I iii.
be
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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.
fore the day just demands
therein.
signed
the said parliament make their And so, sire, these words, and the doing that that behalf, and receive right we shall say zowe, not onlych our wordes
for the shortening the day as but the doyngs the states the king, “That was not his in said, that wystewele that
remembre upon the states his kingdom; nor that the zowe wele that Moneday the fest Seint same for the future should be drawn into ex Michel the archaungel, ryght here this cham
ber, and what presence renounced and ces sed the state kynge and lordeship, and
the dignite and wyrship that longed thereto, and assoiled zour leiges her legance and obeisance that longed zowe uppe the fourme that contened the same renunciation and
But
the parliament there was Protesta our charge her name. —And
this lond, and
answered and wold noght say
tion made
tent that thereby any prejudice should brought but we were charged. —Sire,
ample; but that such abbreviation time was only made for the benefit and profit the kingdom, and especially save the labour and expences
several people, and that the the people inight the sooner After which the king arising from
grievances
remedied. ”
his royal throne, and beholding the people with cession, which redde zour self zour
cheerful and benign countenance, retired unouth, and affermed zour othe, and by himself from thence, the people rejoicing. zour owne writing. Upon which made and And the same day, the Whitehall aforesaid, ordeined your procurators the ersbishop
made solemn feast the nobles and gentry, there vast multitude assembled.
Sir William Thirnyng's Account the Conver sation with Richard the Tower.
Zork and the bishop Hereford for notifie and declare zour name thes renunciation
and cession Westmynstre the states,
and the people that was there gadyr'd. And afterwards, viz. Wednesday next sol bycause the summons aforesaid, the which lowing, the before-named Procurators de thus don yesterday thes lords zour procu
puted aforesaid, did, according they were ratours, and wele herde and understouden, commanded, repair into the presence the thes renunciation and cession were plenelich
said late king Richard, being within the Tower and frelich accepted, and fullich agreed aforesaid and the said William Thirnyng the states and people aforesaid. And over this,
the justice, for himself and his companions and sire, the instance thes states and peo fellow procurators, the name the states ple, there ware certain articles defautes
and people aforesaid, did notify and fully de clare unto the said Richard, their admission
his said Renunciation, and the manner, cause,
zour governance zedde there, and tho wele herd
and form such sentence Deposition, and
tho causes and by other, thei sayd, and havyng considera
|. merly words:—
resently did resign and give back
the said
tion to zour own wordes tion and cession, that
sufficient able for deinerites,
zour own renuncia were not worthy, no governe, for zour owne
king Richard, him made
homage aforesaid.
for
“Sire, parlement reaume for
wele know
somon'd
the states the Westmystre, and begin
the
and
fealty
With these
“The Words which William Thirnyng spake monsire Richard, late king England,
the Tower London, his chamber, on Wednesday next after the feast St. Mii
more pleinelich contened therein; hem thoght that was resonable and
chael the Archangel, were
follow
zou, that ther was
cause for depose zowc, and her commissa ries that they made and ordein'd, re cord, ther declared and decreed and adjudged zow for deposed, and pryved zowe the astate king, and the lordeship conteined
the renunciation and cession forsayd, and
the dignite and wyrshippe, and the
and pleinelich understouden foresaid, hem thoght hem torie, and knowen, that
the states trewe, and no
the Tuesday the morn the fest St. administration that longed thereto. And we
Michel the Archangel, that was zesterday; procurators thes states and people for cause of the which summons all the states of this sayd we charged hem, and her
lond were there gadyr'd, the which states hole autorite gyffen us, and her name zelde zow made thes same persones that ben comen here uppe for the states and people forsayd,
zowe now, her procurators, and gaven hem homage, leige and feaute, and leigeance,
full autorite and power, and charged hem for say the words that we shall say zowe
and other bondes, charges, and services thar long thereto, and that non thes states and people fro thys tyme forward me
her name, and their behalve; that
wytten, the bishop Seint Assa for ersbi bere zowe feyth, zowe obeisance
shoppes and bishoppes, the abbot Glasten bury for abbots and priours, and other men holy chirche, seculers and rewelers, the earle
Gloucestre for dukes and erls, the lord
that king. —And answered and seyd, that loked not ther after, but seyd, that af ter this hoped that cosyn wolde be
gude lord hym. ”
ofof in to to
on
aa
of all
he
beto all
at in
hein
to
all
of
of of of be :of to all as
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to
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is
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of
157] STATE TRIALS, I HENRY IV. 1990–against Richard the ScCond.
[153
Richard's Speech to the Committee. here come dispossess myself So far the Record. Sir John Hayward tells authority and title, and make
public free and us that when the committee appointed to re lawful for you create for your king, Henry
ceive Richard's resignation assembled at the duke Lancaster, my cousin german, whom
Tower for that purpose, the day before the
parliament was to begin, the unhappy monarch
was brought forth, apparelled in his royal robe,
the diadem on his head and the scepter in his
hand; and was placed amongst them in a chair
of state. He adds, that after a little pause cerning which the king was desirous have and expectation, the king arose from his seat, the advice the parliament before they broke and spake to the assembly these words, or the up. The commons, not satisfied with the bare
deposing Richard, after very irregular manner, would have had him tried form, and petitioned the king for that purpose. (a)
very like in effect:
“I
and many hereafter, will account my case la
mentable; either that I have deserved this de was therefore know how Richard was be
assure
myself
that some at this
present,
jection, if it be just; or if it be wrongful, that I could not avoid Indeed confess, that Inany times have shewed myself both less provident and less painful for the benefit
disposed of, that the king wanted the advice the two houses. The archbishop Canter bury, who was charged with his orders, having exacted oath secrecy from the mem bers, made the first motion. may well thought that Richard had not many friends
the house, and any disapproved the pro ceedings against him, they were too much awed
the commonwealth, than should,
might, many my own some
intended hereafter and have
actions more respected the satisfying
particular humour, than either justice
private persons, the common good
yet did not any time either omit duty
commit grievance, upon natural dulness
malice; but partly abuse corrupt coun bishop Carlisle, who, without regarding the sellors, partly error my youthful judg inotives which might induce him, well ment. And now the remembrance of these
set
myself; and the rather because have means left, either recompence the injuries
which have done, testify the world
my reformed affections, which experience and three things. “First, that there was
oversights unpleasant man
the rest Richard's friends, keep silence, made long speech, wherein alledged every thing that could with any plausibleness said for the king deposed, and against the king on
stayedness years had already corrected, and would daily have framed more perfection.
But whether all the imputations wherewith am charged be true, either substance,
such quality they are laid; whether, being
thority which could lawfully depose king
au
true, they heinous enforce these
extreinities; whether any other prince, es first, showing the great difference between the
several kinds government established the world. confessed that some, the prince head might deposed, because the su upon displeasure, deep manner grieve preme auto, ority was not solely lodged his
pecially the heat youth, and the space
years, the time my unfortunate reign, doth not sometimes, either for advantage,
some particular subject, will not now exa
mine helpeth not use defence, neither
booteth make complaint; there no
place left for the one, nor pity for the other:
and therefore refer the judgment God,
and your less distempered considerations.
accuse no man, blame no fortune, com wise the governments where the supreme
plain nothing; have pleasure such vain and needless comforts; and listed
authority resides the single person the sovereign. this class, ranked the king dom Israel, among the ancients, with the
have stood upon terms, know have great
favourers abroad; and some friends, hope, three first empires; and among the moderns,
ward on my behalf, set bloody and
doubtful war; but esteem not my dignity high price, the hazard great va lour, the spilling much English blood,
Turkey, Persia, and general the king doms Asia and Africa. With regard these alledged, that though the vices
(a) Hollingshead says, the commons address was this purpose; that since king Richard
and the spoil and waste flourishing
realm, thereby might have been occasioned.
Therefore, that the commonwealth may rather had resigned, and was lawfully deposed from
rise my fall, than stand the ruin thereof, his royal dignity, might have Judgment de willingly yield your desires; and am creed against him. 512.
know worthy take that place, see you willing give him.
”
Richard's Imprisonment and Death.
very important affair still remained, con
venture speak his behalf. There was one however bold enough say publicly, what others only thought, namely, Thomas Merks,
the throne. —The bishop undertook prove
England. Secondly, that the offences Richard was accused of, deserved not deposition, and besides were not proved. Thirdly, that the crown was unjustly adjudged the duke Lancaster. —He enlarged very much the
person, but the people, nobles, had share. Of this sort reckoned the republics, the an
cient government
Rome, the empire Ger
many, the kingdoms
Swedeland and Den Flanders, and some maintained, was other
mark, the earldom other states. But
home, who would have been ready, yea for England, France, Spain, Scotland, Muscovy,
I
soat of or
he p.
in he of be
of
to
by :22 I
by
of
so of a
no as in to
to or to
of
;I I do
asaofit I itin is
to
or
of Ile ofofanofto
so to
it to as ofof or
I to I to of
by
up
he ofin
a of
of ato
to of It
as
in
ofof in or
all
it to all
a ato as of of
in
it of all
In he
to of be to of iftoasto
Ito orbeasofsoattoI
as II so by toIofI in to or
do it.
so I in to
Iif Ino
oftoofin or
I in I of is or as
a at to I or inI noto or;
it to
he in to toto
ofofininon nobe
of of as inbe
to
or
all to
heto It a
of
II A
159] STATE TRIALS, I HENRY IV. 1390. -Proceedings against [160
sovereign should be not only detrimental, but guided law, and not examples and even intolerable to bis subjects, he could not precedents. That however, the deposing
be lawfully deposed by any uneans whatever:
that force could not be used, without incurring
the crime of rebellion and treason ; and much
less authority, since there was not in the state
any lawful authority but what was derived
from him. He produced arguments and pre had hitherto said, might pass for reasons cedents from the holy scriptures and prophane question whether Richard could lawfully authors, which cannot be repeated without deposed. At most, might considered being excessively tedious—Upon the second the private opinion the speaker. But to Article, he boldly asserted, “That the crines wards the conclusion his speech, launched
for which Richard was deposed, were either out strangely against Henry, and expressed false or aggravated; that indeed, he might be passion very injurious the reasons had al
guilty of some errors or oversights, but his
faults could not be styled tyranny : that if his
failings afforded just cause to depose him, how
many sovereigns would daily be treated as
tyrants, and deposed by their subjects every
tax, execution of rebels, in a word, whatever
was not relished by the people, would furnish
a pretence to dethrone the most lawful prince.
He passed over the more slightly the proofs of
this second head, as the parliament itself
seemed to question the truth of the crimes al
ledged against Richard, since there was no not content with disturbing the quiet the
step taken to prove them in a legal manner. land, unjust and impious insurrection
reproach, the commons wanted to proceed in sessed him: that had also demanded judg
form against the deposed king. —Upon the ment against him, without offering prove
third Article the bishop maintained, “that even his accusation, permitting the party accused
supposing Richard guilty, and granting the na inake his defence, contrary the express
tion had authority to depose him, there was laws the realm. ’ He concluded with say
not the least colour of justice to give the crown ing, ‘That the wrong done Richard was
to the duke of Lancaster. That if the duke
not capable moving the hearts the Eng
Edward was more poisoning king John,
urged, than the the murder any the deposing Ed preserve the rights
other prince: but even ward care was taken
the lawful successor. ' What the bishop
ledged. He said, “It was feared the people England would soon find themselves the case Æsop's frogs, boldly adding,
long Richard was alive, the English could not with justice own any other sovereign.
fine, maintained, that the person whom they called king had committed much more heinous crimes than those for which Richard was deposed that had, after his banish ment, entered the kingdom, contrary his oath, and without being legally recalled that,
By the way, it is very likely that for fear of this against his sovereign, had moreover dispos
was the true heir of Richard, as he pretended,
he must wait his death before he could inherit.
But that it was known to all there was a
nearer heir, whose father was declared suc
cessor of Richard by act of parliament. " As
for Henry's pretended right from Edmund that, supposing the majority had been his Crouchback, son of Henry 3, the bishop dis mind, was impossible recede from what dained to consider affirming, “he was very had been done. But most of the members certain, that people sense were ashamed
right, built upon slender foundation. "—.
After that the orator proceeded examine
the other two titles contained the king's pre than confined the abbey Saint Al clanation, namely, conquest and Richard's re bans, from whence, however, was shortly signation. To the first said, “That sub released without further punishment (c). —The
ject could never pretend right conquest bishop Carlisle's opinion being unanimously against his sovereign, since the victory itself rejected, the parliament came, with regard
was high and heinous treason. ” As for the re Richard, resolution seemingly
extraor suspect
signation, said, “it was not only extorted
dinary, that there some reason
that history defective this place.
ever, the historians agree, that
solved, Richard should kept confinement
(b) For the Bishop's Spcech length, see Cobb. Parl. IIist. 274.
(c) He was deprived his bishoprick, and had the titular see of Samos conferred on him
the pope. Walsin. 364. There
writ for the restitution the temporalties
the see Carlisle, Willian Styrkland, Strickland, his successor, dated November 15,
this year 1399. See Rymer's Foed. tom. 106.
force, but supposing validity: that
was not his power
besides, since the laws the land the king could not alienate the crown jewels, much less surely could give away the crown itself. ” Then spoke the general consent the people, though Henry had not thought proper
insist upon “That the kingdom Eng land having never been elective, was ridicn lous ascribe the people the power dis posing the crown. Lastly, replied the objection, which might alledged from the deposing
How was re
voluntary, could Richard's situation,
make valid act: that
Edward ‘That wise men must
lish, least their common and manifest dan
ger ought stop the course these violent proceedings. ” (b)
This Speech produced not the effect the Speaker expected. was unseasonable,
persisted the same maxims they had followed when Richard was deposed. Accordingly, the bishop reaped other fruit from his harangue
of of
in
he
2.
be
to in
so of it,
he
it
to he
a in
a
to of
of
of
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.
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of
to
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It
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to
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to it, he by of
by
to
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be p. of in
to
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to in or to be
8, is
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to
In as
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it
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it be
of
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:
of
to
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to in to an
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no
or
no
so atinheofto be
be hehe be
ittoso
of
of
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to : ofto
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of
is he it
to
by
TRIALS, Hall, o 101) STATE I HENRY IV. 1309. —John for Murder. [162
during life, with a princely allowance: but in Thus died this unfortunate prince, thirty three case any person should attempt his deliverance, years old, which had reigned twenty Richard should be the first that should suffer two. (f) melaneholy reward for the
death. If this be true, it cannot be denied signal services his father had done England! that he was really condemned to die, since his he was carried London coffin, with his life was only granted him on a condition not face uncovered, seen persons.
in his power. Besides, such a condition cannot funeral was solemnized Saint Paul's, the king be annexed to the sentence of a criminal, but himself being present. After that, was car
on supposition that he is already condemned. There is some diversity among the historians concerning the manner of Richard's death,
ried Langley abbey, and buried (g) without any ceremony. Henry ordered his body
removed Westminster abbey, and laid though agree was unnatural. Some affirin among his ancestors (h). Though was re was starved death. Others, pretending ported over the kingdom, that was mur
be better informed, relate his death with dered, inquiry was made. This neglect con these circumstancés. After the troubles were firmed the people their belief, that the king
appeased, the death the principal con was not innocent. Indeed, ltichard had
spirators, Pyers Exton (d) came Polate died natural death, would have been ne
fract, with eight attendants. On the day his cessary undeceive the public. But his arrival, Richard perceived dinner, that the life was taken away violence, was difficult victuals were not tasted as usual. He asked without the king's knowledge (i).
the reason the taster, and upon his telling
hiun that Exton had brought order forth died, 325. Polydore Virgil says, was from the king, took carved knife, and not suffered touch taste the victuals which
struck him the face, Exton coming with lay before him. Hector Boethius will have
his eight attendants, the noise, Richard found was lost man, and resolving sell
that Richard fled disguise into Scotland, where giving himself wholly contempla
tion, lived and died, and was buried
life deariy, wrung pole axe out their hands, and defended himself
one bravely,
some coun
king sighing, the upper end
said his.
(g) the church the Friars preachers King's Langley, Hertfordshire. Walsing.
(h) Henry erected for him and his first queen, Anne, glorious tomb grey marble
the south side the chapel the kings,
the head portraitures epitaph
length, standing accidentally near Exton, who was got
Sterling. Perhaps this was true terfeit Richard.
crowned
the choir
that slew four them. But
(f) The beautiful picture
upon chair, his head,
any other writer.
(e) This Fabian's account. Walsingham
says, fasted himself death for grief, the miscarriage the plot, and died Feb. 14. 363. Stow says, was kept fifteen days
together hunger, thirst, and cold, till
chair state,
Saint Peter's, Westminster,
(d) Called
the villain discharged such blow laid him dead his feet. (e)
Speed, 615.
Rapin,
not named, far can found,
Thomas Pyers, but
Proceedings against
Duke of Gloucester, Hen. IV. 1399. [Hollingshed. Cotton. Cobb. Parl. Hist. 283. ]
THE last thing which we shall mention the ration was openly read, the duke Albemarle proceedings this parliament some farther rose and said, “That utterly denied the enquiry made there relation the murder charge true against him, and offered
Edward upon which their gilt copper, with preposterous
Latin. (i) Rapin, 123.
John HALL for the Murder Thomas
Thomas duke of Gloucester. Sir John justify his innocence combat, such man
Baggot, then prisoner the Tower, was brought the bar the house commons, and examined on the affair that Murder who there declared, bill, then delivered
“That was the advice and instigation the duke Albemarle, that the lords were
ner should thought requisite. ” But Bag got, net being liberty accept the challenge, the lord Fitz-Walter, and twenty other lords, offered make good their bodies, that he was the cause of the duke of Gloucester's death. The duke Surrey stood against the lord Fitz-Walter, and having affirmed that
apprehended the king, and that the duke
Gloucester was inhumanely murdered Ca what the duke Albemarle had done against lais. That the duke Norfolk did keep the the duke Gloucester, was constraint,
duke Gloucester alive three weeks against offered vindicate him fight; and their the king's will; but for fear the king's dis hoods, which they flung down pledges pleasure, the said duke and himself, with seve their intentions, were delivered the consta
the king's servants, went over Calais, ble and marshal kept. But these
and saw hin put death. ” After this Decla differelices the king thought proper accom WOL. M
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163] STATE TRIALs, Hesay 1400–Proceedings against [164
modate, in a way more politic and more con. the said Searl and Francis, inner par sistent with the exigency of the times, than lour, and said, “There Searl and Francis suffering them to go on to a martial trial. Bag whereupon the duke Gloucester said, ‘Now got, in one of his Examinations before the see shall do well,' and asked Searl how house, mentioned one John Hall, then a pri the king did who said, ‘well;' and sent soner in Newgate, who could say much more him commendations, and the said John than he, relating to the death, of the duke of Lovetofte departed. Whereupon the said Gloucester. Which Hall, being sent for and Searl and Francis took the said duke of Glou examined, confessed the whole matter; whose cester into upper chamber, saying, “That Examination, Confession, and Sentence passed they would speak with him;’ unto whom when against him, being on the Rolls, we shall give they were come there, they said “That the from sir Robert Cotton's own account of it. king's will was, that should slain;’ the
“John Hall, a servant of the duke of Nor duke answered thereto, “If be wel
folk, being examined by Walter Clopton, come;’ that Searl and Francis willed the duke
chief justice, full parliament, confessed upon take chaplain, whom the duke there took, his oath, that the month September, 21st and was confessed. After which confession
IRichard the duke Norfolk charged the they caused the duke lye upon bed, upon said John annong others, murder the duke whom lying, the said Searl and Francis of Gloucester, there being present one John threw feather-bed, the sides whereof the Colfox, esquire the said duke Norfolk; said William Rogers, Dennice, and Cockle and that they two then being Calais, went the chamber held and Searl and Francis lay together Our Ladies church, where they on the mouth of the said duke until he was
found William Hempsley, esquire, said, Bradshaw, esquire,
William Servadlet, the chamber king Richard, Francis Vadlett,
afore dead; Colfox, Hempsley, and Bradshaw, sat
sworn upon the body Christ, before one William Chaplain, saint George's, the
have the said duke living again. ” By whose confession seemed the lords, that he the said John Hall, had deserved grievous death; whereupon they adjudged,
church Our Lady, that they should not dis close the said fact or murder. That after this
aforesaid, the late the chamber
that night the duke their knees, weep ing, and praying for the soul the said duke; and Hall, this examinant, kept the door until
the duke Albemarle; William Rogers, the duke was slain. After the death of which
William Dennice, and Cockle, servants duke, the duke Norfolk cane in, and seeing the said duke Norfolk; whom were him dead, said, ‘It were great matter
the assent the king, that the same Hall should drawn from of Norfolk, towards the house called the Tower-Hill Tyburn, his bowels burned Princes Inn, and when they were come, the before him, his body hanged, headed, and said duke Norfolk caused the persons afore quartered, and his head sent and set upon
oath made, they altogether went with the duke
said enter into lodging within the same Calais, and his quarters the king's pleasure;
house, and departed. After which John and the marshal the same day did execution Lovetofte, with sundry other esquires, brought accordingly. ”
the duke Gloucester, and delivered him
17. Proceedings against WILLIAM SAUTRE, for Heresy, Hen. IV. 1400. Fox's Acts and Monum. 671. ]
THE next yeere after, 1400, followed par mandement the foresaid archbishop Can liament holden Westminster: which par turbury, objected; that the said William liament one William Sautre, good man and before the bishop Norwich had once
faithfull priest, inflamed with zeale true nounced and abiured diuers and sundry Con religion, required hee might bee heard for clusions hereticall and erroneous; and that
the commodity the whole realine. But the ter such abiuration made, publikely and matter being smelt before the bishops, they priuily held, taught, and preached the same obtained that the matter should bee referred conclusions, else such like, disagreeing
the conuocation where the said William the catholike faith, and the great perill and Sautre being brought before the bishops and |. . ". example others. And after this notaries thereunto appointed, the conuocation caused such like conclusions holden and
was deferred the Saturday next ensuing. — preached, said, the said William When Saturday was come, that say, the without renunciation, then and there
twelfth day Februarie, Thomas Arundell read vnto the said archbishop, by master Ro archbishop Canturburie, the presence bert Hall, chancellor vnto the said bishop, his councell prouinciall, being assembled the certaine scrole written, tenor words said Chapter-House, against one William followeth
Sautre, otherwise called Chatris chaplaine, per “Sir William Chatris, otherwise called Sau sonally then and there appearing the com tre, parish priest the church saint Scithe the
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IV. I
165 STATE TRIALS, 2 HENRY IV. 1400–William Saure, for IIeresy. [166 virgin in London, publikly and priuily doth than the foresaid wooden crosse, and the ma
hold these Conclusions vnder written. —Impri teriall substance of the same. mis, he saith, that he will not worship the crosse rather worship the bodies
on which Christ suffered, but onely Christ that very crosse Christ whereon
And that will
saints, than the hung with suffered vpon the crosse. 2. Item, that he this add tion, that the very same crosse were
would sooner worship a temporall king, than afore mee touching the materiall substance. the foresaid wooden crosse. 3. Item, that he And also, that will rather worship man would rather worship the bodies of the saints, truely confessed and penitent, than the crosse than the very crosse of Christ on which he which Christ hung touching the materiall hung, if it were before him. 4. Item, that he substance. —And that also am bound, and will would rather worship a man truly contrite, than rather worship him whom know pre the crosse of Christ. 5. Item, that he is destinate, truely confessed and contrite, than bound rather to worship a man that is predes angell God: for that the one man tinate, than an angell of God. 6. Item, that the same nature with the humanity Christ, if any man would visite the monuments of Pe and not blessed angell. Notwithstand ter and Paul, or goe on pilgrimage to the tombe ing will worship both them, according
of saint Thomas, or else any whither else, for the will God should. —Also, that any the obtaining of any temporall benefit; hee is man hath made vow visit the shrines of the
not bound to keepe his vow, but hee may dis apostles Peter and Paul, goe pilgrim tribute the expences of his vow vpon the almes age vnto saint Thomas tombe, any whither
of the poore. 7. Item, that euery priest and else obtaine any temporall benefit com deacon is more bound to preach the word of moditie; hee not bound simplie keepe
his vow upon the necessitie saluation but hee may giue the expences his vow almes amongst the poore, the prudent counsell
his superiour, suppose. —And also say,
that euery deacon and priest more bound preach the word God, than say the ca nonicall houres, according the primitiue order
the church. -Also, touching the interroga tion the sacrament the altar, say, that, after the pronouncing the sacramentall
God, than to say the canonicall houres. 8. Item, that after the pronouncing of the sacra
mentall words of the bodie of Christ, the broad remaineth of the same nature that it was be
fore, neither doth it cease to be bread. ”—To
which Conclusions or Articles being thus read, the archbishop of Canturbury required the same sir William to answere. And then the
said William asked a copie of such articles or conclusions, and a competent space to answere
wnto the same. Whereupon the said arch words the body Christ, there ceaseth not
bishop commanded a copie of such articles or very bread simply, but remaines bread, conclusions to bee deliuered then and there holy, true, and the bread life; and be
wnto the said William, assigning the Thurs leene the said sacrament bee the
v
body
ery
day then next ensuing him deliberate and Christ, after the pronouncing the sacra
day appearance was come, master Nicolas When all these Answeres were by . . .
make answere When Thursday the said mentall words. ” -
ely Rishton, auditor the causes and businesse master Robert Hall directly and pu there
belonging the said archbishop (then being read, the foresaid archbishop Canturbury in the parliament house Westiniuster, other quired the said William, whether hee had
wise let) continued the said conuocation with abiured the foresaid heresies and errors objected
matters rising, depending, and appertinent against him, before said, before the bishop
thereunto, by commandement the said bi Norwich, not; else had reuoked and shop, vintill the next morrow eight the renounced the said or such like conclusions or
articles, not? To which answered and affirmed that he had not. And then conse
quently (all other articles, conclusions, and an swers aboue written immediatly omitted) the
making bis personall appearance, exhibited
certain scrole, containing the Answeres vinto
certaine articles conclusions giuen vnto altar. —First, whether the sacrament the him, aforesaid, the said bishop; and altar after the pronouncing the sacramentall said, that vinto the foresaid archbishop deli words, remaineth very materiall bread, not. uered the same his answere that behalfe, Vnto which interrogation, the same William vnder the tenor of such words as follow. somewhat waueringly said, and answered, that William Sautre, priest vinworthy, say and an hee knew not that. Notwithstanding, hee swere, that will not, nor intend not wor said, that there was very bread, because ship the crosse whereon Christ was crucified, was the bread of life which came downe from but onely Christ that suffered vpon the crosse; Heauen. —After that the said archbishop de
vnderstanding me, that will not worship manded him, whether the Sacrament after the materiall crosse the grosse corporall mat the sacramentall words, rightly pronounced
ter: yet notwithstanding will worship the the priest, the same bread remaineth, which same signe, token, and memoriall the did before the words pronounced, not. And
passion Christ, adoratione vicaria. And this question the foresaid William answered that will rathcr worship temporall king, like manner before, saying, that there was
clocke. When the morrow came, being Fri day, the foresaid William Sautre, the
chapter house before the said bishop and his. councell prouinciall then and there assembled,
said archbishop examined the same William Sautre, especially vpon the sacrament the
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Wi STATE T. RIALS, 2 HENRY IV. 1400. -Proceedings against [16s :
bread, holy, true, and the bread of life, &c. — the mouth Robert Hall, against the same After that, the foresaid archbishop asked William Sautre (being personally present, him, whether the same materiall bread before and refusing reuoke his heresies, that consecration, by the sacramentall words of the say, true doctrine, but constantly defended priest rightly pronounced, be transubstantiated the same) vinder the tenour words fol from the nature of bread into the very body of loweth.
Christ, or not Whereunto sir William said, that he knew not what that matter meant. —
The Sentence against IV. Sautre.
And then the said archbishop assigned vnto the “In the name God, Amen. Wee Tho
said sir William time to and more mas the God Can grace archbishop
fully to make his answere till the next day; turbury, primate England and legate the and continued this conuocation then and there sea apostolicall, the authoritie God
till the morrow, which morrow, to wit, the 19 almightie and blessed saint Peter and Paul,
day of Februarie being come, the foresaid arch and holy church, and
William againe, in like maner as before, an these presents thee William Sautre, otherwise swered. —After this, amongst other things the called Chawtrey, parish priest pretensed, per said bishop demanded of the same William, if sonally appearing before and vpon the the same material bread being vpon the altar, crime heresie iudicially and lawfully con
bishop of Çanturbury, in the said Chapter-house
of Saint Paul in London, before his councell
prouinciall their and there assembled, specially
asked and cyamined the same sir William Sau and suffragans assistants vinto this present tre there personally present vpon the Sacra councell prouinciall, this our sentence defi ment of the altar, as before. And the same sir mitiue pronounce, decree, and declare
ritie sitting tribunall
God alone before our eyes,
consent the whole clergie our fellow brethren,
our owne autho chief iudge, hauing the counsell and
after the sacramentall words being of the priest rightly pronounced, is transubstantiated into
the very bodie of Christ, or not And the said sir William said he vnderstood not what he
meant. —Then the said archbishop demanded,
whether that materiall bread being round and white, prepared and disposed for the Sacrament
of the bodie of Christ vpon the altar, want
unto, by the vertue of the sacramentall words turburie, presented vnto the foresaid William being of the priest rightly pronounced, bee al Sautre certain friend his, being present tered and changed into the very body of Christ, the same councell, certaine processe in and ceaseth any more to bee materiall and very closed and sealed with his seale, giuing the bread, or not * Then the said sir William, de names of credible witnesses sealed with their ridingly answering, said, he could not tell. — seales; the tenor whereof followeh this Then consequently the said archbishop demand wise
“Memorandum, that vpon the last day April, the yeere our Lord, 1899, the
pired, the bishop ing nothing that is mette and requisite there commandement
el, whether he would stand to the determina
tion of the Holy Church or not, which affirm
indiction, Boniface the
the manor house
yeere pope
eth, altar,
that in the Sacrament of the after
and
Polo
the said bishop Norwich,
being rightly pro the words of consecration who,
the
certaine chamber within
nounced of the priest, the same bread,
before in nature was bread, ceaseth any more
to be bread. To this interrogation the said sir
William said, that hee would stand to the de
termination of the Church, where such deter and the first day May then next and imme mination was not contrary to the will of God. — diatly ensuing, the foresaid chamber sir.
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
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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
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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
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of
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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
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or
if
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he
to
of all to
asto it ofif
to
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of
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of
the
his at to as by to of
of
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of
a :
of
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ofhe he
all
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athe to
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of ofof hisof or
it be in of to
of
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ofhe heof of by. to a he
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at :
of
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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
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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
hisfor
inan is
I
of
of it, to of
“I as to it inhe o
a
of or
inis
by us
he
ofor
to
of
in
Iaa ofto in
is asheof a to a to
to
in as
to as toa as
his
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
by
to of,
all
Itois is so
to beheof do ait
behe
no
in a
of of
tisso
ofbe
es
toof doaas
be is
to
of
a ofso us is, we toto or tois
to to
byby : no it he his as byto it
all
ofto ofbeit
I of a
he his of of
a
he as a
it inof ,
of a so heina in
to
to
as
so ais
of in
of Idotois all
of
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.
fore the day just demands
therein.
signed
the said parliament make their And so, sire, these words, and the doing that that behalf, and receive right we shall say zowe, not onlych our wordes
for the shortening the day as but the doyngs the states the king, “That was not his in said, that wystewele that
remembre upon the states his kingdom; nor that the zowe wele that Moneday the fest Seint same for the future should be drawn into ex Michel the archaungel, ryght here this cham
ber, and what presence renounced and ces sed the state kynge and lordeship, and
the dignite and wyrship that longed thereto, and assoiled zour leiges her legance and obeisance that longed zowe uppe the fourme that contened the same renunciation and
But
the parliament there was Protesta our charge her name. —And
this lond, and
answered and wold noght say
tion made
tent that thereby any prejudice should brought but we were charged. —Sire,
ample; but that such abbreviation time was only made for the benefit and profit the kingdom, and especially save the labour and expences
several people, and that the the people inight the sooner After which the king arising from
grievances
remedied. ”
his royal throne, and beholding the people with cession, which redde zour self zour
cheerful and benign countenance, retired unouth, and affermed zour othe, and by himself from thence, the people rejoicing. zour owne writing. Upon which made and And the same day, the Whitehall aforesaid, ordeined your procurators the ersbishop
made solemn feast the nobles and gentry, there vast multitude assembled.
Sir William Thirnyng's Account the Conver sation with Richard the Tower.
Zork and the bishop Hereford for notifie and declare zour name thes renunciation
and cession Westmynstre the states,
and the people that was there gadyr'd. And afterwards, viz. Wednesday next sol bycause the summons aforesaid, the which lowing, the before-named Procurators de thus don yesterday thes lords zour procu
puted aforesaid, did, according they were ratours, and wele herde and understouden, commanded, repair into the presence the thes renunciation and cession were plenelich
said late king Richard, being within the Tower and frelich accepted, and fullich agreed aforesaid and the said William Thirnyng the states and people aforesaid. And over this,
the justice, for himself and his companions and sire, the instance thes states and peo fellow procurators, the name the states ple, there ware certain articles defautes
and people aforesaid, did notify and fully de clare unto the said Richard, their admission
his said Renunciation, and the manner, cause,
zour governance zedde there, and tho wele herd
and form such sentence Deposition, and
tho causes and by other, thei sayd, and havyng considera
|. merly words:—
resently did resign and give back
the said
tion to zour own wordes tion and cession, that
sufficient able for deinerites,
zour own renuncia were not worthy, no governe, for zour owne
king Richard, him made
homage aforesaid.
for
“Sire, parlement reaume for
wele know
somon'd
the states the Westmystre, and begin
the
and
fealty
With these
“The Words which William Thirnyng spake monsire Richard, late king England,
the Tower London, his chamber, on Wednesday next after the feast St. Mii
more pleinelich contened therein; hem thoght that was resonable and
chael the Archangel, were
follow
zou, that ther was
cause for depose zowc, and her commissa ries that they made and ordein'd, re cord, ther declared and decreed and adjudged zow for deposed, and pryved zowe the astate king, and the lordeship conteined
the renunciation and cession forsayd, and
the dignite and wyrshippe, and the
and pleinelich understouden foresaid, hem thoght hem torie, and knowen, that
the states trewe, and no
the Tuesday the morn the fest St. administration that longed thereto. And we
Michel the Archangel, that was zesterday; procurators thes states and people for cause of the which summons all the states of this sayd we charged hem, and her
lond were there gadyr'd, the which states hole autorite gyffen us, and her name zelde zow made thes same persones that ben comen here uppe for the states and people forsayd,
zowe now, her procurators, and gaven hem homage, leige and feaute, and leigeance,
full autorite and power, and charged hem for say the words that we shall say zowe
and other bondes, charges, and services thar long thereto, and that non thes states and people fro thys tyme forward me
her name, and their behalve; that
wytten, the bishop Seint Assa for ersbi bere zowe feyth, zowe obeisance
shoppes and bishoppes, the abbot Glasten bury for abbots and priours, and other men holy chirche, seculers and rewelers, the earle
Gloucestre for dukes and erls, the lord
that king. —And answered and seyd, that loked not ther after, but seyd, that af ter this hoped that cosyn wolde be
gude lord hym. ”
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157] STATE TRIALS, I HENRY IV. 1990–against Richard the ScCond.
[153
Richard's Speech to the Committee. here come dispossess myself So far the Record. Sir John Hayward tells authority and title, and make
public free and us that when the committee appointed to re lawful for you create for your king, Henry
ceive Richard's resignation assembled at the duke Lancaster, my cousin german, whom
Tower for that purpose, the day before the
parliament was to begin, the unhappy monarch
was brought forth, apparelled in his royal robe,
the diadem on his head and the scepter in his
hand; and was placed amongst them in a chair
of state. He adds, that after a little pause cerning which the king was desirous have and expectation, the king arose from his seat, the advice the parliament before they broke and spake to the assembly these words, or the up. The commons, not satisfied with the bare
deposing Richard, after very irregular manner, would have had him tried form, and petitioned the king for that purpose. (a)
very like in effect:
“I
and many hereafter, will account my case la
mentable; either that I have deserved this de was therefore know how Richard was be
assure
myself
that some at this
present,
jection, if it be just; or if it be wrongful, that I could not avoid Indeed confess, that Inany times have shewed myself both less provident and less painful for the benefit
disposed of, that the king wanted the advice the two houses. The archbishop Canter bury, who was charged with his orders, having exacted oath secrecy from the mem bers, made the first motion. may well thought that Richard had not many friends
the house, and any disapproved the pro ceedings against him, they were too much awed
the commonwealth, than should,
might, many my own some
intended hereafter and have
actions more respected the satisfying
particular humour, than either justice
private persons, the common good
yet did not any time either omit duty
commit grievance, upon natural dulness
malice; but partly abuse corrupt coun bishop Carlisle, who, without regarding the sellors, partly error my youthful judg inotives which might induce him, well ment. And now the remembrance of these
set
myself; and the rather because have means left, either recompence the injuries
which have done, testify the world
my reformed affections, which experience and three things. “First, that there was
oversights unpleasant man
the rest Richard's friends, keep silence, made long speech, wherein alledged every thing that could with any plausibleness said for the king deposed, and against the king on
stayedness years had already corrected, and would daily have framed more perfection.
But whether all the imputations wherewith am charged be true, either substance,
such quality they are laid; whether, being
thority which could lawfully depose king
au
true, they heinous enforce these
extreinities; whether any other prince, es first, showing the great difference between the
several kinds government established the world. confessed that some, the prince head might deposed, because the su upon displeasure, deep manner grieve preme auto, ority was not solely lodged his
pecially the heat youth, and the space
years, the time my unfortunate reign, doth not sometimes, either for advantage,
some particular subject, will not now exa
mine helpeth not use defence, neither
booteth make complaint; there no
place left for the one, nor pity for the other:
and therefore refer the judgment God,
and your less distempered considerations.
accuse no man, blame no fortune, com wise the governments where the supreme
plain nothing; have pleasure such vain and needless comforts; and listed
authority resides the single person the sovereign. this class, ranked the king dom Israel, among the ancients, with the
have stood upon terms, know have great
favourers abroad; and some friends, hope, three first empires; and among the moderns,
ward on my behalf, set bloody and
doubtful war; but esteem not my dignity high price, the hazard great va lour, the spilling much English blood,
Turkey, Persia, and general the king doms Asia and Africa. With regard these alledged, that though the vices
(a) Hollingshead says, the commons address was this purpose; that since king Richard
and the spoil and waste flourishing
realm, thereby might have been occasioned.
Therefore, that the commonwealth may rather had resigned, and was lawfully deposed from
rise my fall, than stand the ruin thereof, his royal dignity, might have Judgment de willingly yield your desires; and am creed against him. 512.
know worthy take that place, see you willing give him.
”
Richard's Imprisonment and Death.
very important affair still remained, con
venture speak his behalf. There was one however bold enough say publicly, what others only thought, namely, Thomas Merks,
the throne. —The bishop undertook prove
England. Secondly, that the offences Richard was accused of, deserved not deposition, and besides were not proved. Thirdly, that the crown was unjustly adjudged the duke Lancaster. —He enlarged very much the
person, but the people, nobles, had share. Of this sort reckoned the republics, the an
cient government
Rome, the empire Ger
many, the kingdoms
Swedeland and Den Flanders, and some maintained, was other
mark, the earldom other states. But
home, who would have been ready, yea for England, France, Spain, Scotland, Muscovy,
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II A
159] STATE TRIALS, I HENRY IV. 1390. -Proceedings against [160
sovereign should be not only detrimental, but guided law, and not examples and even intolerable to bis subjects, he could not precedents. That however, the deposing
be lawfully deposed by any uneans whatever:
that force could not be used, without incurring
the crime of rebellion and treason ; and much
less authority, since there was not in the state
any lawful authority but what was derived
from him. He produced arguments and pre had hitherto said, might pass for reasons cedents from the holy scriptures and prophane question whether Richard could lawfully authors, which cannot be repeated without deposed. At most, might considered being excessively tedious—Upon the second the private opinion the speaker. But to Article, he boldly asserted, “That the crines wards the conclusion his speech, launched
for which Richard was deposed, were either out strangely against Henry, and expressed false or aggravated; that indeed, he might be passion very injurious the reasons had al
guilty of some errors or oversights, but his
faults could not be styled tyranny : that if his
failings afforded just cause to depose him, how
many sovereigns would daily be treated as
tyrants, and deposed by their subjects every
tax, execution of rebels, in a word, whatever
was not relished by the people, would furnish
a pretence to dethrone the most lawful prince.
He passed over the more slightly the proofs of
this second head, as the parliament itself
seemed to question the truth of the crimes al
ledged against Richard, since there was no not content with disturbing the quiet the
step taken to prove them in a legal manner. land, unjust and impious insurrection
reproach, the commons wanted to proceed in sessed him: that had also demanded judg
form against the deposed king. —Upon the ment against him, without offering prove
third Article the bishop maintained, “that even his accusation, permitting the party accused
supposing Richard guilty, and granting the na inake his defence, contrary the express
tion had authority to depose him, there was laws the realm. ’ He concluded with say
not the least colour of justice to give the crown ing, ‘That the wrong done Richard was
to the duke of Lancaster. That if the duke
not capable moving the hearts the Eng
Edward was more poisoning king John,
urged, than the the murder any the deposing Ed preserve the rights
other prince: but even ward care was taken
the lawful successor. ' What the bishop
ledged. He said, “It was feared the people England would soon find themselves the case Æsop's frogs, boldly adding,
long Richard was alive, the English could not with justice own any other sovereign.
fine, maintained, that the person whom they called king had committed much more heinous crimes than those for which Richard was deposed that had, after his banish ment, entered the kingdom, contrary his oath, and without being legally recalled that,
By the way, it is very likely that for fear of this against his sovereign, had moreover dispos
was the true heir of Richard, as he pretended,
he must wait his death before he could inherit.
But that it was known to all there was a
nearer heir, whose father was declared suc
cessor of Richard by act of parliament. " As
for Henry's pretended right from Edmund that, supposing the majority had been his Crouchback, son of Henry 3, the bishop dis mind, was impossible recede from what dained to consider affirming, “he was very had been done. But most of the members certain, that people sense were ashamed
right, built upon slender foundation. "—.
After that the orator proceeded examine
the other two titles contained the king's pre than confined the abbey Saint Al clanation, namely, conquest and Richard's re bans, from whence, however, was shortly signation. To the first said, “That sub released without further punishment (c). —The
ject could never pretend right conquest bishop Carlisle's opinion being unanimously against his sovereign, since the victory itself rejected, the parliament came, with regard
was high and heinous treason. ” As for the re Richard, resolution seemingly
extraor suspect
signation, said, “it was not only extorted
dinary, that there some reason
that history defective this place.
ever, the historians agree, that
solved, Richard should kept confinement
(b) For the Bishop's Spcech length, see Cobb. Parl. IIist. 274.
(c) He was deprived his bishoprick, and had the titular see of Samos conferred on him
the pope. Walsin. 364. There
writ for the restitution the temporalties
the see Carlisle, Willian Styrkland, Strickland, his successor, dated November 15,
this year 1399. See Rymer's Foed. tom. 106.
force, but supposing validity: that
was not his power
besides, since the laws the land the king could not alienate the crown jewels, much less surely could give away the crown itself. ” Then spoke the general consent the people, though Henry had not thought proper
insist upon “That the kingdom Eng land having never been elective, was ridicn lous ascribe the people the power dis posing the crown. Lastly, replied the objection, which might alledged from the deposing
How was re
voluntary, could Richard's situation,
make valid act: that
Edward ‘That wise men must
lish, least their common and manifest dan
ger ought stop the course these violent proceedings. ” (b)
This Speech produced not the effect the Speaker expected. was unseasonable,
persisted the same maxims they had followed when Richard was deposed. Accordingly, the bishop reaped other fruit from his harangue
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TRIALS, Hall, o 101) STATE I HENRY IV. 1309. —John for Murder. [162
during life, with a princely allowance: but in Thus died this unfortunate prince, thirty three case any person should attempt his deliverance, years old, which had reigned twenty Richard should be the first that should suffer two. (f) melaneholy reward for the
death. If this be true, it cannot be denied signal services his father had done England! that he was really condemned to die, since his he was carried London coffin, with his life was only granted him on a condition not face uncovered, seen persons.
in his power. Besides, such a condition cannot funeral was solemnized Saint Paul's, the king be annexed to the sentence of a criminal, but himself being present. After that, was car
on supposition that he is already condemned. There is some diversity among the historians concerning the manner of Richard's death,
ried Langley abbey, and buried (g) without any ceremony. Henry ordered his body
removed Westminster abbey, and laid though agree was unnatural. Some affirin among his ancestors (h). Though was re was starved death. Others, pretending ported over the kingdom, that was mur
be better informed, relate his death with dered, inquiry was made. This neglect con these circumstancés. After the troubles were firmed the people their belief, that the king
appeased, the death the principal con was not innocent. Indeed, ltichard had
spirators, Pyers Exton (d) came Polate died natural death, would have been ne
fract, with eight attendants. On the day his cessary undeceive the public. But his arrival, Richard perceived dinner, that the life was taken away violence, was difficult victuals were not tasted as usual. He asked without the king's knowledge (i).
the reason the taster, and upon his telling
hiun that Exton had brought order forth died, 325. Polydore Virgil says, was from the king, took carved knife, and not suffered touch taste the victuals which
struck him the face, Exton coming with lay before him. Hector Boethius will have
his eight attendants, the noise, Richard found was lost man, and resolving sell
that Richard fled disguise into Scotland, where giving himself wholly contempla
tion, lived and died, and was buried
life deariy, wrung pole axe out their hands, and defended himself
one bravely,
some coun
king sighing, the upper end
said his.
(g) the church the Friars preachers King's Langley, Hertfordshire. Walsing.
(h) Henry erected for him and his first queen, Anne, glorious tomb grey marble
the south side the chapel the kings,
the head portraitures epitaph
length, standing accidentally near Exton, who was got
Sterling. Perhaps this was true terfeit Richard.
crowned
the choir
that slew four them. But
(f) The beautiful picture
upon chair, his head,
any other writer.
(e) This Fabian's account. Walsingham
says, fasted himself death for grief, the miscarriage the plot, and died Feb. 14. 363. Stow says, was kept fifteen days
together hunger, thirst, and cold, till
chair state,
Saint Peter's, Westminster,
(d) Called
the villain discharged such blow laid him dead his feet. (e)
Speed, 615.
Rapin,
not named, far can found,
Thomas Pyers, but
Proceedings against
Duke of Gloucester, Hen. IV. 1399. [Hollingshed. Cotton. Cobb. Parl. Hist. 283. ]
THE last thing which we shall mention the ration was openly read, the duke Albemarle proceedings this parliament some farther rose and said, “That utterly denied the enquiry made there relation the murder charge true against him, and offered
Edward upon which their gilt copper, with preposterous
Latin. (i) Rapin, 123.
John HALL for the Murder Thomas
Thomas duke of Gloucester. Sir John justify his innocence combat, such man
Baggot, then prisoner the Tower, was brought the bar the house commons, and examined on the affair that Murder who there declared, bill, then delivered
“That was the advice and instigation the duke Albemarle, that the lords were
ner should thought requisite. ” But Bag got, net being liberty accept the challenge, the lord Fitz-Walter, and twenty other lords, offered make good their bodies, that he was the cause of the duke of Gloucester's death. The duke Surrey stood against the lord Fitz-Walter, and having affirmed that
apprehended the king, and that the duke
Gloucester was inhumanely murdered Ca what the duke Albemarle had done against lais. That the duke Norfolk did keep the the duke Gloucester, was constraint,
duke Gloucester alive three weeks against offered vindicate him fight; and their the king's will; but for fear the king's dis hoods, which they flung down pledges pleasure, the said duke and himself, with seve their intentions, were delivered the consta
the king's servants, went over Calais, ble and marshal kept. But these
and saw hin put death. ” After this Decla differelices the king thought proper accom WOL. M
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163] STATE TRIALs, Hesay 1400–Proceedings against [164
modate, in a way more politic and more con. the said Searl and Francis, inner par sistent with the exigency of the times, than lour, and said, “There Searl and Francis suffering them to go on to a martial trial. Bag whereupon the duke Gloucester said, ‘Now got, in one of his Examinations before the see shall do well,' and asked Searl how house, mentioned one John Hall, then a pri the king did who said, ‘well;' and sent soner in Newgate, who could say much more him commendations, and the said John than he, relating to the death, of the duke of Lovetofte departed. Whereupon the said Gloucester. Which Hall, being sent for and Searl and Francis took the said duke of Glou examined, confessed the whole matter; whose cester into upper chamber, saying, “That Examination, Confession, and Sentence passed they would speak with him;’ unto whom when against him, being on the Rolls, we shall give they were come there, they said “That the from sir Robert Cotton's own account of it. king's will was, that should slain;’ the
“John Hall, a servant of the duke of Nor duke answered thereto, “If be wel
folk, being examined by Walter Clopton, come;’ that Searl and Francis willed the duke
chief justice, full parliament, confessed upon take chaplain, whom the duke there took, his oath, that the month September, 21st and was confessed. After which confession
IRichard the duke Norfolk charged the they caused the duke lye upon bed, upon said John annong others, murder the duke whom lying, the said Searl and Francis of Gloucester, there being present one John threw feather-bed, the sides whereof the Colfox, esquire the said duke Norfolk; said William Rogers, Dennice, and Cockle and that they two then being Calais, went the chamber held and Searl and Francis lay together Our Ladies church, where they on the mouth of the said duke until he was
found William Hempsley, esquire, said, Bradshaw, esquire,
William Servadlet, the chamber king Richard, Francis Vadlett,
afore dead; Colfox, Hempsley, and Bradshaw, sat
sworn upon the body Christ, before one William Chaplain, saint George's, the
have the said duke living again. ” By whose confession seemed the lords, that he the said John Hall, had deserved grievous death; whereupon they adjudged,
church Our Lady, that they should not dis close the said fact or murder. That after this
aforesaid, the late the chamber
that night the duke their knees, weep ing, and praying for the soul the said duke; and Hall, this examinant, kept the door until
the duke Albemarle; William Rogers, the duke was slain. After the death of which
William Dennice, and Cockle, servants duke, the duke Norfolk cane in, and seeing the said duke Norfolk; whom were him dead, said, ‘It were great matter
the assent the king, that the same Hall should drawn from of Norfolk, towards the house called the Tower-Hill Tyburn, his bowels burned Princes Inn, and when they were come, the before him, his body hanged, headed, and said duke Norfolk caused the persons afore quartered, and his head sent and set upon
oath made, they altogether went with the duke
said enter into lodging within the same Calais, and his quarters the king's pleasure;
house, and departed. After which John and the marshal the same day did execution Lovetofte, with sundry other esquires, brought accordingly. ”
the duke Gloucester, and delivered him
17. Proceedings against WILLIAM SAUTRE, for Heresy, Hen. IV. 1400. Fox's Acts and Monum. 671. ]
THE next yeere after, 1400, followed par mandement the foresaid archbishop Can liament holden Westminster: which par turbury, objected; that the said William liament one William Sautre, good man and before the bishop Norwich had once
faithfull priest, inflamed with zeale true nounced and abiured diuers and sundry Con religion, required hee might bee heard for clusions hereticall and erroneous; and that
the commodity the whole realine. But the ter such abiuration made, publikely and matter being smelt before the bishops, they priuily held, taught, and preached the same obtained that the matter should bee referred conclusions, else such like, disagreeing
the conuocation where the said William the catholike faith, and the great perill and Sautre being brought before the bishops and |. . ". example others. And after this notaries thereunto appointed, the conuocation caused such like conclusions holden and
was deferred the Saturday next ensuing. — preached, said, the said William When Saturday was come, that say, the without renunciation, then and there
twelfth day Februarie, Thomas Arundell read vnto the said archbishop, by master Ro archbishop Canturburie, the presence bert Hall, chancellor vnto the said bishop, his councell prouinciall, being assembled the certaine scrole written, tenor words said Chapter-House, against one William followeth
Sautre, otherwise called Chatris chaplaine, per “Sir William Chatris, otherwise called Sau sonally then and there appearing the com tre, parish priest the church saint Scithe the
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IV. I
165 STATE TRIALS, 2 HENRY IV. 1400–William Saure, for IIeresy. [166 virgin in London, publikly and priuily doth than the foresaid wooden crosse, and the ma
hold these Conclusions vnder written. —Impri teriall substance of the same. mis, he saith, that he will not worship the crosse rather worship the bodies
on which Christ suffered, but onely Christ that very crosse Christ whereon
And that will
saints, than the hung with suffered vpon the crosse. 2. Item, that he this add tion, that the very same crosse were
would sooner worship a temporall king, than afore mee touching the materiall substance. the foresaid wooden crosse. 3. Item, that he And also, that will rather worship man would rather worship the bodies of the saints, truely confessed and penitent, than the crosse than the very crosse of Christ on which he which Christ hung touching the materiall hung, if it were before him. 4. Item, that he substance. —And that also am bound, and will would rather worship a man truly contrite, than rather worship him whom know pre the crosse of Christ. 5. Item, that he is destinate, truely confessed and contrite, than bound rather to worship a man that is predes angell God: for that the one man tinate, than an angell of God. 6. Item, that the same nature with the humanity Christ, if any man would visite the monuments of Pe and not blessed angell. Notwithstand ter and Paul, or goe on pilgrimage to the tombe ing will worship both them, according
of saint Thomas, or else any whither else, for the will God should. —Also, that any the obtaining of any temporall benefit; hee is man hath made vow visit the shrines of the
not bound to keepe his vow, but hee may dis apostles Peter and Paul, goe pilgrim tribute the expences of his vow vpon the almes age vnto saint Thomas tombe, any whither
of the poore. 7. Item, that euery priest and else obtaine any temporall benefit com deacon is more bound to preach the word of moditie; hee not bound simplie keepe
his vow upon the necessitie saluation but hee may giue the expences his vow almes amongst the poore, the prudent counsell
his superiour, suppose. —And also say,
that euery deacon and priest more bound preach the word God, than say the ca nonicall houres, according the primitiue order
the church. -Also, touching the interroga tion the sacrament the altar, say, that, after the pronouncing the sacramentall
God, than to say the canonicall houres. 8. Item, that after the pronouncing of the sacra
mentall words of the bodie of Christ, the broad remaineth of the same nature that it was be
fore, neither doth it cease to be bread. ”—To
which Conclusions or Articles being thus read, the archbishop of Canturbury required the same sir William to answere. And then the
said William asked a copie of such articles or conclusions, and a competent space to answere
wnto the same. Whereupon the said arch words the body Christ, there ceaseth not
bishop commanded a copie of such articles or very bread simply, but remaines bread, conclusions to bee deliuered then and there holy, true, and the bread life; and be
wnto the said William, assigning the Thurs leene the said sacrament bee the
v
body
ery
day then next ensuing him deliberate and Christ, after the pronouncing the sacra
day appearance was come, master Nicolas When all these Answeres were by . . .
make answere When Thursday the said mentall words. ” -
ely Rishton, auditor the causes and businesse master Robert Hall directly and pu there
belonging the said archbishop (then being read, the foresaid archbishop Canturbury in the parliament house Westiniuster, other quired the said William, whether hee had
wise let) continued the said conuocation with abiured the foresaid heresies and errors objected
matters rising, depending, and appertinent against him, before said, before the bishop
thereunto, by commandement the said bi Norwich, not; else had reuoked and shop, vintill the next morrow eight the renounced the said or such like conclusions or
articles, not? To which answered and affirmed that he had not. And then conse
quently (all other articles, conclusions, and an swers aboue written immediatly omitted) the
making bis personall appearance, exhibited
certain scrole, containing the Answeres vinto
certaine articles conclusions giuen vnto altar. —First, whether the sacrament the him, aforesaid, the said bishop; and altar after the pronouncing the sacramentall said, that vinto the foresaid archbishop deli words, remaineth very materiall bread, not. uered the same his answere that behalfe, Vnto which interrogation, the same William vnder the tenor of such words as follow. somewhat waueringly said, and answered, that William Sautre, priest vinworthy, say and an hee knew not that. Notwithstanding, hee swere, that will not, nor intend not wor said, that there was very bread, because ship the crosse whereon Christ was crucified, was the bread of life which came downe from but onely Christ that suffered vpon the crosse; Heauen. —After that the said archbishop de
vnderstanding me, that will not worship manded him, whether the Sacrament after the materiall crosse the grosse corporall mat the sacramentall words, rightly pronounced
ter: yet notwithstanding will worship the the priest, the same bread remaineth, which same signe, token, and memoriall the did before the words pronounced, not. And
passion Christ, adoratione vicaria. And this question the foresaid William answered that will rathcr worship temporall king, like manner before, saying, that there was
clocke. When the morrow came, being Fri day, the foresaid William Sautre, the
chapter house before the said bishop and his. councell prouinciall then and there assembled,
said archbishop examined the same William Sautre, especially vpon the sacrament the
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Wi STATE T. RIALS, 2 HENRY IV. 1400. -Proceedings against [16s :
bread, holy, true, and the bread of life, &c. — the mouth Robert Hall, against the same After that, the foresaid archbishop asked William Sautre (being personally present, him, whether the same materiall bread before and refusing reuoke his heresies, that consecration, by the sacramentall words of the say, true doctrine, but constantly defended priest rightly pronounced, be transubstantiated the same) vinder the tenour words fol from the nature of bread into the very body of loweth.
Christ, or not Whereunto sir William said, that he knew not what that matter meant. —
The Sentence against IV. Sautre.
And then the said archbishop assigned vnto the “In the name God, Amen. Wee Tho
said sir William time to and more mas the God Can grace archbishop
fully to make his answere till the next day; turbury, primate England and legate the and continued this conuocation then and there sea apostolicall, the authoritie God
till the morrow, which morrow, to wit, the 19 almightie and blessed saint Peter and Paul,
day of Februarie being come, the foresaid arch and holy church, and
William againe, in like maner as before, an these presents thee William Sautre, otherwise swered. —After this, amongst other things the called Chawtrey, parish priest pretensed, per said bishop demanded of the same William, if sonally appearing before and vpon the the same material bread being vpon the altar, crime heresie iudicially and lawfully con
bishop of Çanturbury, in the said Chapter-house
of Saint Paul in London, before his councell
prouinciall their and there assembled, specially
asked and cyamined the same sir William Sau and suffragans assistants vinto this present tre there personally present vpon the Sacra councell prouinciall, this our sentence defi ment of the altar, as before. And the same sir mitiue pronounce, decree, and declare
ritie sitting tribunall
God alone before our eyes,
consent the whole clergie our fellow brethren,
our owne autho chief iudge, hauing the counsell and
after the sacramentall words being of the priest rightly pronounced, is transubstantiated into
the very bodie of Christ, or not And the said sir William said he vnderstood not what he
meant. —Then the said archbishop demanded,
whether that materiall bread being round and white, prepared and disposed for the Sacrament
of the bodie of Christ vpon the altar, want
unto, by the vertue of the sacramentall words turburie, presented vnto the foresaid William being of the priest rightly pronounced, bee al Sautre certain friend his, being present tered and changed into the very body of Christ, the same councell, certaine processe in and ceaseth any more to bee materiall and very closed and sealed with his seale, giuing the bread, or not * Then the said sir William, de names of credible witnesses sealed with their ridingly answering, said, he could not tell. — seales; the tenor whereof followeh this Then consequently the said archbishop demand wise
“Memorandum, that vpon the last day April, the yeere our Lord, 1899, the
pired, the bishop ing nothing that is mette and requisite there commandement
el, whether he would stand to the determina
tion of the Holy Church or not, which affirm
indiction, Boniface the
the manor house
yeere pope
eth, altar,
that in the Sacrament of the after
and
Polo
the said bishop Norwich,
being rightly pro the words of consecration who,
the
certaine chamber within
nounced of the priest, the same bread,
before in nature was bread, ceaseth any more
to be bread. To this interrogation the said sir
William said, that hee would stand to the de
termination of the Church, where such deter and the first day May then next and imme mination was not contrary to the will of God. — diatly ensuing, the foresaid chamber sir.
