may be ready to hang your selves that that of the Prophet may be verified of you Let their habitation be desolate and let none be left to dwell in their tents As also it is written further of each of you Let his days be few and his Bishoprick let another take Furthermore you do but blacken the clear fâ—â—me of the Count of Fundi a Town in Italy whose â—arl harbour'd the Cardinals when you so load him with your Commendations throughout Christendom since as the Poet saith Idem est laudari à turpibus ob turpia To be prais'd by bad men is all one as to be prais'd for bad things Consider therefore O Count that whereas heretofore thou wast unknown in divers Christian Countries which thou thoughtest an unhappiness now thou hast gain'd not a Name but Shame throughout the World for inviting to thy self the Enemies of Christ the Breakers of the Churches Unity and the Disturbers of the peace and tranquillity of all Christendom and cherishing their detestable perfidiousness so that thou seemest to have built an Asylum against Christ and all Catholick people Arise therefore O Count throw these Mice out of thy Budget chase these Serpents from thy Tabernacle and shake these coals of Brimstone out of thy Bosom lest they bring thee to everlasting burnings so shalt thou obtain the grace of God the blessings of all Christians and the commendation of all the World and shalt merit to escape the Divine Vengeance Dated at Rome c. Both Parties being thus hot and Christendom divided between two Popes at once each damning the other for a Schismatick and Villain France Flanders Scotland and several other Countries joyn'd with Pope Clement insomuch that the French King proclaim'd throughout all his Realm that none should own or obey Vrban on pain of being Beheaded and all his Goods forfeited to the Kings use But by means of Vrban's Complemental Letters to King Richard and the Parliament and his honouring our Bishop of London with a Cardinals Cap England was altogether at his devotion for in the second year of King Richard an Act was made declaring him to be lawful Pope and that the Livings of all Cardinals and others that were Rebels to him should be seized into the Kings hands and the King to be answered of the profits thereof and that whosoever within this Realm should procure or obtain any Provision or other Instrument from any other Pope than the same Vrban should be out of the Kings Protection And this year 1382 the said Vrban sent over his Bull to Henry Spencer Bishop of Norwich a young bold Prelate to raise a Croisado that is to levy Forces who should be all mark'd with the Cross as engag'd in an Holy War to fight with and subdue his Enemy the said Clement the Anti-Pope and all his Followers and Favourers whom thereby he did excommunicate and depose from all Honours and forbid any Conversation with them living and burial of their bodies when dead c. In which Bull were amongst other things granted the Powers and Privileges following 1. That the said Bishop of Norwich may use the Sword against the Anti-Pope and all his Adherents Favourers and Counsellors and with violence put them to death 2. That he hath full power to inquire of all and singular such Schismaticks and put them in prison and to confiscate all their Goods moveable and immoveable 3. That he hath Power and Authority to deprive all Laymen that are such Schismaticks of all manner of Secular Offices whatsoever and to give their Offices to other fit and convenient Persons 4. To deprive all such Schismatick Clerks and bestow their Benefices either with or without Cure their Dignities Parsonages or Offices to other Persons more meet for the same having power over Lay-persons that are exempt Clerks both Secular and Regular yea though they be Fryars Mendicants 5. That he may dispense with any Dignified or Beneficed Clerks so that they may be absent from their Cures or Benefices under the â—tandard of the Cross without leave of any of their Prelates and yet take and receive the entire Profits as though personally resident 6. There is granted to all that pass the Seas in this Cause either at their own Expences or at the Expences of any others Full Remission of all their Sins and besides as large Priviledges as to any that pay their Money or go to Fight for the Holy Land 7. That all such as shall with their proper Goods and Substance give sufficient Stipend to able Souldiers at the discretion of the aforesaid Bishop mustred or by any other his Deputy although themselves be not personally engaged yet shall they have the like Remission and Indulgence as they which in person go to the Expedition 8. That all they shall be Partakers of this Remission who shall give any part of their Goods to the said Bishop to Fight against the said Schismaticks 9. That if any shall chance to die in the Journey or be kill'd that are Souldiers under the said Standard of the Cross they shall fully and wholly receive the said Grace and shall be Partakers of the aforesaid Forgiveness and Indulgence 10. The said Bishop hath Power to Excommunicate Suspend and Interdict all persons whatsoever that shall be Rebellious or Disturbers of him in the Execution of the Powers and Authority hereby committed unto him of whatsoever Dignity or Condition they be whether Kings Queens Emperors or of any other Quality Ecclesiastical or Temporal Lastly That he may compel and inforce any Religious Persons whatsoever to go in this Expedition and send them over Sea if he think good so to do and this although they be Professors of the Fryars Mendicants Being thus furnisht the Bishop to spread his Authority and the more effectually carry on the Work publisht the Ordinances following 1. IT is Ordained for the Honour the Establishment of Holy Church and the Salvation of the Realm that sufficient Preachers be sent into all the Country to Declare and Publish the Croisado and the Right Estate of Holy Church and of our most Holy Father Pope Urban whom God of his benign Grace pity and redress according to his good pleasure 2. That to every such Preacher or Confessor throughout England there shall be joyned a Clerk who shall receive and register the Names of all such as shall offer their persons to this Holy War and also all money that shall be given over whom the said Confessors shall be Controllers 3. That no Woman shall presume to go this voyage without special Licence from the Bishop of Norwich under his Seal 4. That no man by the way shall rob or by any kind of Extortion take the goods of any till they come upon the Enemies where they may do it by right of War on pain of losing all share in the said Pardon 5. That the said Preachers shall press the people to say Prayers and make Processions for the safety of the Church and the prosperity of
Treasurer The Lord Michael de Pole Earl of Suffolk was with much disgrace turn'd out of the Office of Chancelor and Thomas de Arundel Bishop of Ely by Consent of Parliament put in his stead And sometime afterward the said Michael de Pole was Impeached of several High Crimes and Misdemeâ—â—ors by the Commons as follows The Impeachment or Articles made by the Commons in full Parliament against Michael de Pole Earl of Suffolk late Chancellor of England in the Term of S. Michael in the Tenth Year of the King and the Judgment upon them following from Point to Point IMprimis That the said Earl being Chancellor and Sworn to Act for the just Profit of the King hath Purchased of Our Lord the King Lands Tenements and Rents to a great Value as appears by the Record-Rolls of the Chancery And against his Oath not regarding the great Necessity of the King and Realm being Chancellor at the time of such Purchase made did cause the said Lands and Tenements to be Extended at a much smaller value than really they were worth by the year and thereby deceiv'd the King And for that he purchased the said Lands when he was Chancellor against his Oath the King shall have the said Lands again intirely and the said Earl shall make Fine and Ransom to the King with all Profits received since the Purchase 2. Item Whereas Nine Lords were Assigned by the last Parliament to View and Examine the Estate of the King and Realm and to deliver their Advice how the same might be Improved Amended and put into better Order Governance and thereupon such Examination to be delivered to the King as well by Word of Mouth as in Writing The said late Chancellor did say in full Parliament That the said Advice and Ordinance should be put in due Execution which yet was not done and that by the default of him who was the principal Officer To this Article and the Third and the Seventh the said Earl shall answer if he have any thing to say against the same in special 3. Item Whereas a Tax was granted by the Commons in the last Parliament to be laid out in a certain Form demanded by the Commons and assented to by the King and Lords and not otherwise yet the Moneys thence arising were expended in another manner so that the Sea was not Guarded as it was ordered to have been whence many Mischiefs already have happen'd and more are like to ensue to the Realm and all this by the default of the said late Chancellor 4. Item Whereas the Tydeman of Limbergh having to him and his Heirs of the Gift of the King's Grandfather Fifty pounds per annum out of the Customs of Kingstone upon Hull which the said Tydeman forfeited to the King and also the payment of the said Fifty pounds per annum was discontinued for Five and thirty years and upwards The said Chancellor knowing the Premisses purchased to him and his Heirs of the said Tydeman the said Fifty pounds per annum and prevailed with the King to confirm the said Purchase whereas the King ought to have had the whole Profit For this Purchase the said Earl was adjudged to Fine and Ranson and the said Fifty pounds to go to the King and his Heirs with the Mannor of Flaxâ—â—ete and Ten Marks of Rent which were exchang'd c. with the Issues c. 5. Whereas the high Master of S. Antony is a Schismatick and for that Cause the King ought to have the Profits which appertain to him in England the said late Chancellor who ought to advance and procure the Profit of the King took to Farm the said Profits of the King at Twenty Marks per annum and so got to his own use above a Thousand Marks And afterwards when the said Master in England which now is ought to have had the Possession and Livery of the said Profits he could not obtain the same till he and two persons with him became bound by Recognizance in Chancery of Three thousand pounds to pay yearly to the said Chancellor and his Son John One hundred pounds for the term of their two Lives For which it is adjudged That the King shall have all the Profits belonging to the said S. Anthony's at the time of the Purchase and that for the Recognizance so made the said Earl shall be Awarded to Prison and Fined and Ransom'd at the pleasure of the King 6. Item That in the time of the latâ— Chancellor there were granted and madâ— divers Charters and Patents of Pardoâ— for Murders Treasons Felonies c. against the Laws and before the Commencement of this present Parliament there was made and sealed a Charter of certain Franchises granted to the Castle of Dover in Disinherison of the Crown and to the subversion of the Pleas and Courts of the King and of his Laws The King Awards that those Charters be Repealed 7. Whereas by an Ordinance made in the last Parliament that Ten thousand Marks should be raised for the Relief of the City of Gaunt by the default of the said late Chancellor the said City of Gaunt was lost and also a Thousand Marks of the said Money Vpon all which Articles the Commons demand the Judgment of Parliament WAlsingham tells us That all these Articles were so fully proved that de Pole could not deny them insomuch that when he stood upon his Answer and had nothing to say for himself the King Blushing for him shook his Head and said Alas alas Michael see what thou hast done And when the King desired a Supply the Commons answered That he did not need the Tallage of his Subjects who might so easily furnish himself of so great a sum of Money from him who was his just Debtor But at last upon his Majesties yielding to have him turn'd out of the Chancellorship and admitting the Articles which he was very unwilling to suffer they freely gave him half a Tenth and half a Fifteenth only providing that it might be necessarily Expended To which purpose it was to be deposited in the hands of the Earl of Arundel who was then going to Sea with a Fleet to secure the Coasts They likewise gave the King on every Pipe of Wine Imported or Exported Three shillings and on every Twenty shillings worth of all sorts of Merchandize Foreign or Domestick brought in or carried out one shilling Wool Hides and Pelts onely excepted And also at the King's Instance granted that the Heirs of Charles de Bloys should for Thirty thousand Marks be permitted to sell Bretaigne in France to the French and that Robert de Vere the new Duke of Ireland the Kings most dangerous Favourite should have the said Thirty thousand Marks a prodigious sum of Money in those days wholly to his own use provided he would be gone before next Easter into Ireland and there make use of it to recover the Dominions that the King hath given him in that Kingdom so passionately did both Lords and
the Feast of St. Hillary a Parliament was called at London wherein amongst other things it was Enacted That the King should not extend his Pardon to any persons convicted of Murder and a Penalty Awarded against any that should importune the King thereunto viz. That if it were a Duke or Archbishop he should forfeit to the King 100 l. If an Earl or Bishop 100 Marks c. There was also granted to the King 40s of every Sack of Wool of which 10s to go to the Kings present occasions and the other 30s to be reserv'd in the hands of Commissioners appointed by Parliament Not to be expended unless necessity of War required About St. Jamesâ—yde Henry Earl of Derby eldest Son to the Duke of Lancaster with a choice Company of a thousand Knights and Squires and their Servants went into Prussia where they signalized themselves by several brave and valorous Actions and return'd again with Honour in April following In the Year 1391 the French Courted King Richard very earnestly to a Treaty of Peace and in order thereunto desired that there might be an Amicable Interview of the two Kings neer Calice To which King Richard seem'd inclinable and that he might appear more splendid on such an occasion sent to most of the Abbeys to furnish him with the best Horses they had Amongst whom the Abbot of S. Albans sent him One which Walsingham tells us was worth Four and twenty Marks no small price in those days and yet not content he demanded 50 Marks besides in Money Likewise from most of the Cities and Burroughs of England he got divers considerable Sums to Equip him for this Voyage But about the same time by order of the King and Council there was a Proclamation set forth Requiring all those that had any Benefices in England and were then beyond the Seas as in the Roman Court it being a thing not infrequent in those days for the Pope to gratifie his Favourites and Followers with the best Preferments though perhaps never in England in their lives immediately to repair into England to live upon such their Benefices and not suck away the Treasure of the Realm by expending their Revenues in other Nations on pain of forfeiting all their said Benefices This together with the late Statute of Provisors and Praemunire and the Overture of a Peace like to advance with the French King who at that time joyned with the Antipape Benedict the 13th much troubled Pope Boniface the 9th For now and for neer the space of forty years together there were two Popes in being at once each Cursing the other and part of Christendom acknowledging One and part his Adversary Therefore the said Boniface whom the English own'd for their Ghostly Father forthwith sent a Nuncio to King Richard with great Complements to commend his Devotion and that of his Predecessors towards Holy Church but withal to complain of these Invasions as he was pleased to call them of the Ecclesiastical Liberties and to urge him as well to Repeal the said Laws as by no means to make Peace with the French King unless he would disown and no longer assist the Anti-Pope c. The King received the Nuncio kindly and heard his Tale but for Answer put him off to the Meeting of the Parliament which was in November and then the Business was bandied about and though the King and Duke of Lancaster seem'd willing to gratifie the Pope the Commons would by no means consent that people should go to Rome to acquire any Benefices in England only that they might not seem too much to slight his Holiness they yielded that it might be suffered but not without the Kings License and no longer than till the next Parliament But though they held their Pope to hard Meat they were not wanting in expressing their kindness to their King giving him a Half-tenth and an Half-fifteenth which they offered to make whole Ones on condition the King would next Summer make an Expedition against the Scots Anno 1392. The Duke of Lancaster is sent over into France and most magnificently entertain'd by the French King But instead of a Peace brought back only a Truce for a year to the intent saith Walsingham That during that time the collected wisdom of England might consider whether it were more expedient to conclude a final Peace or prosecute the War About this time a certain Matron in London having one onely Daughter had instructed her to Celeâ—rate the Mass and built an Altar with all its Furniture in a private Room and there for many days caused her to Accouter herself in Priestly Habit and Officiate onely when she came to the words of the Sacrament she Prostrated herself and durst not Consecrate but rising again would go on with the rest of the Mass to the end her Mother helping her and encouraging her Devotion But at last a Neighbouring Gossip whom she had call'd to this private Mass discovering her Practice the Bishop of London heard of it and being much grieved as he had reason to see his Trade usurp'd by the other Sex call'd her before him and made her shew her Crown shaven exactly like a Priest before all the people and caused both her and her Mother to do Penance The Duke of Guelderland a most active Prince and related to King Richard sent him a Letter full of great Complements but in one expression too profane stirring him up to War and Military Actions becoming his Royal Dignity and particularly dehorting him from the designed dishonourable Amity with France The Tenor whereof was as followeth MAgnificent Prince Both your Innate Generosity and the prudent Counsels of your Ministers will we conceive effectually provide that all your Hereditary Rights which by your Birth render your Royal Majesty Great and Glorious may by the foresight of your deep Wisdom be preserved Inviolable And that if any unjust Force does Invade or offer to Diminish them your Kingly Industry will valiantly defend the same with the Shield of Military Prowess And since we have the Honour to be Related to your Royal Person by Affinity God himself cannot hinder but that we will ever be ready to assist you in defending such your Rights with Two thousand Launces when and as oft-soever as you shall be disposed to engage in a War Nor ought you to decline the same to your prejudice for any Words or Promises that may be made you from the restless subtilty of the French 'T is certain most Serene Prince your Fame is spread throughout the World Nor is it doubted but for your great plenty of Wool and innumerable other Commodities without which neither the East or South can subsist all Kingdoms daily salute you with their Treasures so that God himself has conferr'd upon you Wealth an hundred fold more in comparison than on other Kings Besides the tried Valour of your people and the sharpness of their Victorious Bowes have so far advanced the Fame of your Magnanimous Nation above any of
not out of a Picque to ary perticular person but out of Compassion for so publick Grievance and zealous Duty to his Soveraign And therefore desired the said Duke that he being one of the Kings Cabinet-Council would be pleased to discover unto His Majesty these Enormities and Dangers that by removing the One he might happily prevent the Other To these or some such discourses the Duke of Norfolk seemed much to adhere assuring Hereford that in these Apprehensions he had but Copied his own Thoughts and seemed not only to approve of what he said but promised to improve his Interest towards a Regulation of the Matters Complained of And perhaps had the words been afterwards by him but as faithfully related and by the King as candidly taken as they were freely and 〈◊〉 intended many Mischiefs might have been avoided But on the contrary they were maliciously mis-recited and much mis-construed For the Duke of Norfolk had formerly sided with the Lords yet it seems Preferment had taken him off and he was now become wholly addicted to humour the King And therefore to sâ—rue himself yet further into favour acquaints him with these Complaints of the Duke of Hereford but so exaggreated and intermixt with reflective Additions that the King was highly incensed and calling Hereford before him charged him therewith who denying a great part thereof and Nâ—rfolk as stoutly asserting it the former challenged the latter to the Combate who readily accepted thereof which at last the King allows assigning Coventry the place and August following for the time of decision And though it be not much material to our History yet to gratify the vulgar Readers Curiosity it will perhaps be no unwelcome digression to relate the Formality of the intended Duel between these two Puissant Peers On the day therefore appointed each of them attended with a splendid and numerous Retinue appears The Duke of Albemâ—rlâ— was pro Tempore made High Constable and the Duke of Surry High Marshal who came to the Lists Honourably attended with Rich Liveries suitable to their greatness each of their Servants carrying Tipstaves for clearing the Field Where first the Duke of Hereford as Challenger mounted on a White Courser in Caparisons of Green and Blew Velvet Embroidered thick with Swans and Antilopes armed Cap-a-pe with his Sword drawn approached the Lists of whom the Marshal demanding who he was received this Answer I am Henry of Lancaster Duke of Hereford that am come hither to do my Devoir against Thomas Moubray Duke of Norfolk as a false Traytor to God the King the Realm and me And then taking his Oath that his Qurrel was true and just desired liberty to enter the Lists which being granted he put up his Sword pull'd down his Beaver sign'd himself on the Fore-head with the Cross took his Spear and passing the Barriers dismounted and sat down in a Chair of Green Velvet placed in a Travers of Green and Blew Velvet at one end of the Lists Then King Richard enters the Field with great Pomp accompanied with the Earl of S. Paul who came out of France on purpose to be a Spectator of the Combat and attended with most of the Nobles of England and a Guard of Ten Thousand men in Arms to prevent any sudden Tumult or disorders His Majesty being seated in a Chair of State one of the Kings at Arms made Proclamation That none but such as were appointed to Marshall the Field should touch any part of the Lists upon pain of Death Which ended another Herald cryeth Behold here Henry of Lancaster Duke of Hereford Appellant who is entred into the Royal Lists to do his devoir against Thomas Moubray Duke of Norfolk upon pain of being counted false and Reâ—reant Immediatly upon this appeared the Duke of Norfolk bravely mounted his Horse barbed with Crimson-velvet embroydered with Lions of Silver and Mulberry Trees proper and having taken a like Oath before the Constable and Marshal that his Quarrel was Right and Just entred the Field crying aloud God aid the Right and then lighted from his Horse placing himself in a Chair of Crimson Velvet opposite to Hereford at the other end of the Lists the Marshal viewed their Spears to see that they were of equal length and carried the one himself to the Duke of Hereford and sent the other by a Knight to the Duke of Norfolk This done Proclamation was made to mount and address themselves to the Combat Upon which the Dukes instantly mount their Horses closed their Beavers casting their Spears into their Rest when the Trumpet sounded and the Duke of Hereford put his Horse forward but before Norfolk stirred the King cast down his Warder and the Heralds cryed stay stay Then the King causing the Spears to be taken from them they returned to their Chairs whilst he retired to Council to debate what was fit to be done in so weighty a cause where after two Hours debate their doom was agreed upon without fighting and one Sir John Bouray by the Kings Command after silence proclaim'd read their Sentence which was thus That forasmuch as the Dukes Appellant and Defendant had honourably appeared in the List Royal and were not only ready but forward to entertain the Combat therefore it being an Affair of great consequence for avoiding the Effusion of Christian Blood the King by the advice of his Council had decreed That Henry Duke of Hereford should within 15 days depart the Realm not to return within the space of Ten Years on pain of Death without the Kings special Licence and after a Second Proclamation Sentence of Banishment was also read against the Duke of Norfolk but with these several aggravations First that the same was for Life Secondly that the Cause thereof was expressed to be for having urtered Seditious words whereof he could not produce any proof And Thirdly it was added as part of his further punishment That the â—ing should receive the Revenues of his Lands until he were satisfied all such Sums of Money as the said Duke had taken out of the King's Coffers on pretence of paying the Garrison of Callice And further it was proclaimed That no person from thenceforth should presume to Petition or Intercede with the King in the behalf of either of these Dukes to alter this sentence on pain of his Majesties high displeasure which being so declared the King called them both before him and took of them a Solemn Oath That they should never Converse together beyond the Seas nor willingly come into each other's Company The Duke of Norfolk soon after in great grief and trouble of mind departed into Germany and from thence to Venice where in a short time he died with sorrow leaving this cautionary Lesson to all Courtiers That greatness abused by whispering untruths draweth if discovered certainty of destruction And observable it is that his Banishment was pronunced on the very day Twelve Month on which the Duke of Glocester had by his order been Murdered at Calice so
or in lieu thereof great Sums of Money in the said Letters expressed By which manner of Writing he forced many of such Religious out of fear to fulfil his Will and Command whereby they were heavily impoverisht and opprest in manifest derogation of Ecclesiastical Liberty by which Pretext the said King Richard did incur Perjury XXIII Item In most of the great Royal Councils when the Lords of the Realm the Judges and others being charg'd that they would faithfully Council the King in Matters relating to his State and that of his Kingdom The said Lords Justices and others very often in giving Counsel according to their best Discretion have been by the King suddenly and so fiercely chidden and reproved that they have not dared to speak the Truth in giving their Advice for the State of the King and Kingdom XXIV Item The Treasures Crowns Reliques and other Jewels viz. The Goods of the Kingdom which time out of mind have been Reposited in the Treasury of the Kingdom for the Honour of the King and preservation of his Kingdom against any sudden Event or Exigency the said King Going out of his Kingdom into Ireland did take away and caused the same to be carried with him without the consent of the States of the Kingdom Whereby this Kingdom had been vastly impoverisht if God by the retaking of the said Goods against the said Kings Will had not otherwise provided And furthermore the said King did cause the Rolls of Records touching the State and Government of his Kingdom uo be destroyed and rased to the great prejudice of his People and disinheriting the Crown of the said Kingdom And all this as 't is probably believed in favour and support of his evil Governance XXV Item The said King was wont as it were perpetually to be so variable and dissembling in his Words and Writings and so contrary to himself and especially in writing to the Pope and to Kings and other Lords out of the Kingdom and within it and also to others his Subjects that no man living that knew his Conditions could or would confide in him nay he was reputed so unfaithful and unconstant that it became scandalous not only to his own person but also to the whole Kingdom and especially amongst Foreigners of all the World that came to know the same XXVI Item Although The Land and Tenements the Goods and Chattels of every Freeman by the Laws of the Realm used from all time heretofore ought not to be taken from him unless they be forfeited Yet the said King purposing and longing to weaken such Laws in the pretence of very many Lords and others of the commonalty of the Kingdom hath frequently said and affirmed That the Life of every one of his Svbjects and his Lands Tenements Goods and Chattels are his the said Kings at his will and pleasure without any forfeiture Which is utterly against the Laws and Customs of the Kingdom aforesaid XXVII Item Although it was Fnacted and Ordained and is hitherto Confirmed That no Freeman shall be taken c. nor any way destroyed and that the King shall not pass nor send any to pass upon him but by the Lawful Judgment of his Peers or by the Law of the Land Yet by the Will Command and Order of the said King very many of his Liege People being maliciously accused for having publickly or secretly said something that might tend to the disyraise scandal or disgrace of the person of the said King have been taken and Imprisoned and brought before the Constable and Marshal of England in the Court Military in which Court the said Liege People being accused would not be admitted to make any other Answer than that they were no way guilty and would justifie the same and defend themselves by their Bodies and not otherwise notwithstanding their Appellors were young men stout and lusty and those so accused antient and impotent maim'd or infirm Whereby not only destruction of the Lords and grandees of the Kingdom but also of all and singular persons of the Commonalty of the same may probably ensue Since therefore the said King hath wilfully acted contrary to such a Statute of his Kingdom 't is not to be doubted but he hath thereby incurred the Crime of Perjury XXVIII Item Although the People of the Realm of England by vertue of their Leigeance are fully enough bound to their King and the said King by the Laws and Customs of his Kingdom is enabled to Correct and punish his People if in any kind they Transgress yet the said King desiring to trample on and too much oppress his People that he might the more freely execute and follow the Humour of his foolish and unlawful Will by his Letters to all the Counties of his Kingdom did Injoyn and Command That all his Subjects as well Spiritual as Tempâ—ral should make certain Oaths in general which were too grievous to them and which might probably cause the final destruction of his People and that they should confirm such their Oaths under their Letters and Seals To which Royal Command the People of his Kingdom did submit and pay Obedience that they might not incur his Indignation or Displeasure and also for fear of Death XXIX Item When Parties contending in the Ecclesiastical Court in Causes meerly Ecclesiastical and Spiritual had endeavoured to obtain from the Chancellor of England Prohibitions to hinder the lawful Process in the said Courts and the said Chancellor had justly refused to grant the same yet the said King by Letters under his Signet has frequently prohibited the Ecclesiastical judges to proceed in such Causes thereby evilly infringing the Liberties of the Câ—urch in the Grand Charter approved to the Conservation whereof he was sworn and damnably incurring Perjury and the Sentence of Excommunication against such Violators thereof by the Holy Fathers pronouâ—ced XXX Item The said King without any reasonable or lawful cause whatsoever or any other process of Law did in his Parliament encompass'd in warlike manner by armed men adjudge Thomas of Arundel Lord Archbishop of Canterbury Primate of all England his Spiritual Father absenting himself by the Treacherous Counsell of the said King to Banishment against the Laws of his Kingdom so by him sworn to as aforesaid XXXI Item By inspection of the Testament of the said King Sealed with the Great and Privy Seal and also with his Signet among other things there is contained this clause or Article Item we will that the residue of our Gold the true debts of our House-hold Chamber and Wardrobe being paid for payment whereof we bequeath Twenty Thousand Marks reserving to our Executors Five or Six Thousand Marks which wee will by them to be expended towards the more plentiful maintainance of the Lepers and Chaplains to celebrate before them by us founded at Westminster and Bâ—rmondeseye shall remain to our Successor provided alwaies that he approve ratify and confirm and hold and cause to be holden and firmly observed all and singular
to free the Nation from all Invasions and Pyracies wherewith it was lamentably infested and to perform other very advantageous Services for the Publick Whereupon he obtained an Order for the same notwithstanding the Proviso in the Act so impossible it is de facto to bind up the Hands of Power But though some Naval Preparations were made yet little was effected to repel or prevent those Injuries and Depredations which the Nation suffered by Sea from the French on the one side and the Scottish Pickaroons on the other so that by the common neglect of securing the Coasts and scowring the Seas our Merchants durst not Traffick abroad for fear of Pyrates who hovered in every Corner but especially of one Mercer a bold and potent Scottish Rover who having drawn together a considerable Fleet of French Scots and Spaniards daily committed insufferable Outrages spoiling all they met Hereupon the said Alderman Philpot first complained of these Grievances to the Kings Council humbly Remonstrating the Damages sustained and imploring Redress But receiving from them only fair Promises and no Relief full of grief and disdain to see his Country-men thus devoured by those insolent Water-vermin He at length Provided Victualled and Man'd forth at his own proper Costs and Charges a competent Fleet of tall Ships himself in person putting forth with them to Sea where he soon encountred the Pyrates took the said Mercer destroyed his Ships and recovered most of the Prizes formerly taken with Fifteen Spanish Bottoms well fraught with Riches besides many French and Scottish Ships and so return'd with Triumph and the general Acclamations of the People But Envy is always the Attendant of extraordinary Vertue instead of Thanks or Reward several of the Nobles from whom he seemed to have snatcht by this his fortunate Attempt the Glory of that Service which their Country justly though in vain expected from them passed harsh Censures on his forwardness and particularly the Earl of Stafford called him in question at the Council-Table for presuming being but a private man for to levy Arms and equip a Fleet without Authority But Philpot with a prudent Gallantry composed of an undaunted Innocency and an humble Merit gave such a justifiable Account of the Act as satisfied the Board or at least silenc'd his Accusers For thus in particular to that Lord he is said to have answered I would have your Honour undoubtedly know that I did not adventure my Money my Person and my Men to the dangers of the Sea and hazards of War with any design to Rob your Lordship and your Collegues of the Glory of Chivalry or Fame of Military Atchievements and gain it to my self But condoling the losses of my fellow Citizens and misery of my Country which by your sloth from a most noble Kingdom giving Laws to all her Neighbours is sunk into so deplored a state as to ly open to the Insolencies and Pillagings of the vilest of Nations and men whilst yet not one of you lent a hand her defence I freely exposed my self and mine for her deliverance and the publick safety to which the Earl had nothing to reply About the same time viz. in the Second Year of the King there happened a Fray which not so much for the importance of the Quarrel as a rare Example of Fidelity and honesty attending it I cannot but Relate Though even the thing it self in those ignorantly zealous times wanted not its ill Influence on the Publick and the Monkish Historians cry out about it as Tragically as if Heaven and Earth were ingag'd all Christianity at Stake and the Pillars of Religion in danger The business thus Two valiant Squires Robert Haule and John Schakel in the late Wars in Spain under Prince Edward chanc'd to take the Count de Dena a Spanish Don of great Quality and Estate who was fairly by the Law of Arms adjudg'd their Prisoner and brought into England where he left his Eldest Son with them as a Pledge whilst he went home to raise his ransome the Son swearing to continue with them till it came but the Father being got into Spain never regarded to send the Money but in little time dies whereby the Honour and Estate devolves to the Young Hostage which being understood by King Edward for in his days happened this first part of the Story both he and Prince Edward's Son were very importunate with these two Gentlemen to release the Spanish Cavaleir which they desired either in favour to the Duke of Lancaster who thought by the help of this Nobleman to faciliate his pretentions to the Crown of Castile or else with an intent to Match him to Mathilda Relict of the Lord Courtney the Kings Sister but no matter what their Design was the Squires were so far from parting with him that they would not discover where he was and so were sent to the Tower whence making their escape they took Sanctuary in Westminster Abbey and there continued till now the Duke of Lancaster resolved to ferret them out to which purpose Fifty men at Arms were sent thither who entring the Sanctuary put a trick upon John Schakel and soon got him out and hurried him to the Tower but as for Haule he was more strongly Ensconc'd in the Church amongst the Monks and at Mass however thither they went and after a little expostulation why he would so refractorily disobey the Kings Command when even Majesty had condescended to a request they tell him he must go with them which he peremtorily refuses and draws a short Sword and makes at them whereupon they resolve to force him away who still making resistance was at last knockt on the Head amongst them which our Author calls Crown'd with Martyrdom the Monks would fain have rescued him but drust not because they saw the Souldiers too strong for them however the Archbishop of Canterbury presently thundred out an Excommunication against these Violaters of the Sanctuary and all their abettors the King and his Mother and his Uncle Lancaster only excepted And the Bishop of London did the like for several days together but about a Year after by the mediation of divers grave and venerable Persons the matter was composed on these terms that the said Schakel who was so sent to the Tower should discover and deliver up the said Count de Dena aud so be set at liberty upon consideration that the King should settle upon him Lands to the value of an Hundred Marks per annum and pay him down Five hundred Marks ready Money in lieu of the expected Ransom and also that his Majesty for satisfaction to the Church should at his proper Charges erect a Chauntry of Five Priests for ever to pray for the Soul of him whom his Officers had so slain though one would have thought dying in their Opinion a Martyr he might have had no great need of such everlasting Orisons But still the more surprizing Intrigue of the Tragedy is behind when Schakel came to produce his
invincible against the power of your Enemies and the most firm Band of Peace and hearty Love towards your Subjects as well for the increase of your owu good and advantage in respect of God and the Salvation of your Soul as for the unspeakable comfort of all the People which you govern On whose behalf we intimate these things anto you That we have it Settled Granted or Confirmed by ancient Constitution by a Custom laudable and approved and which none can gain-say or contradict That the King can Assemble the Lords Nobles and Commons of the Kingdom once a year unto his Parliament as the highest Court of the Realm in which all Equity ought to shine bright without any scrupâ—e or spot clear as the Sun when ascending to the Meridian where as well Poor as Rich may find a never failing Shelter for their Refreshment by restoring Tranquility and Peace and removing all Kind of injuries where publick Grievances or Errors are to be redress'd where with the most prudent Councill the state and Goverment of the Kingdom is to be treated of That the King and Nations Foes within and their Enemies abroad may be discovered and repulsed by such means as most conveniently and honourably it may be done and also with wholsom deliberation therein to fore see and order how the necessary Burdens of the King and Kingdom may with most ease the publick Want â—onsidered be supplied And they conceive also that since they are to support publick Charges incumbent they should have the Supervisal too how and by whom their Goods and Fortunes are expended They say moreover that this is their Priviledge by ancient Constitusion that if the King wilfully estrange himself fram his Parliament no Infirmisy or necessary Cause disabling him but obstinately by his ungovernable Will shall withdrow himself and be absent from them the time of Forty days as not regarding the vexation of his People 〈◊〉 nor their grievous Expences That then from that time it shall be or is lawfull for all and every of them without any damage from the King to go home and every one return into his own Country And Now You for a longer time have absented Your Self and for what Cause they know not have refus'd to come amonst them To this the King Now do We plainly discover that our People and the Commons intend to resist and are endeavouring to make Insurrections against us and in such case nothing seems better to us than to call in our Kinsman the King of France and from him to ask Advice and Aid nay even to submit Our Self to him rather than to Truckle to our own Subjects To which they answered thus THis Council is not sase for You but rather tends to inevitable destruction For the King of France is your Capital Enemy and the much greatest Adversary to your Kingdom and if be should once get footing on your Land would sooner endeavour to dispoil you of it to invade your Kingdom and to drive you from your Throne than in the lest to lend you his assisting hand if at any time which God forbid you should stand in need thereof Rather therefore recall to your Memory how your Grandfather King Edward the Third and in like manner your Father a Prince of the same Name and Renown with Sweat and Hazards during their whole Lives through innumerable Labors indefatigably contended for the conquest of the Kingdom of France which by hereditary Right appertained to them and after them to you by Succession Remember how many of the Nobles what innumerable Troops of the Commons of England as well as those of France lost their Lives and underwent the peril of Death in that Quarrel Remember the inestimable Treasures the People of England freely parted with for the maintanance of that War And yet what is more to be lamented they have in your time sustained so many Taxes for the support of your Wars as that now they are reduced to such incredible Poverty that they can neither pay their Rents for their Livings nor assist their King nor afford themselves even the Necessaries of Life Thus The Royal Power is impoverished and an unhappy condition brought upon all Great Men and Nobles of the Kingdom as well as the Commons weakned and undone For a King cannot be poor that has a rich People nor that King be rich whose Subjects are Poor Nor do these Ills redound alone to the King but to all the Nobility and Great Men every one in his Rank and degree And all this is brought to pass by the evil Ministers of the King who have ill-Governed both King and Kingdom to this day and unless we do quickly set our helping hands to the Work and raise the healing Prop the Kingdom of England will in less time then we think of be miserably subverted But there is yet one part more of our Message remaining on the behalf of your People to be imparted to you That we have an ancient Constitution and it was not many Ages since experimented it grieves us that we must mention it That if the King through any evil Council whatever or through a weak Obstinacy or Contempt of his People a perverse froward Will or irregular Course shall alienate himself from his People and refuse to Govern by the Laws and Statutes of the Realm by the laudable Ordinances and and faithful Advice If he shall throw himself headlong into wild Designs and stubbornly exercise his own singular Arbitrary Will That from that time it shall be lawful for his People by their full and free Assent and Consent to Depose that King from his Throne and to establish some other of the Royal Stock upon the same in his stead Which grievous and unhappy Dissention That it may never spring up amongst your People That your People by no such lamentable Divisions pleasing only to your Enemies may ever through your evil Counsellors be subvered That this Kingdom so honourable and above all the Nations in the World from your Fathers days hitherto most famious in War may not now in your time through the Distractions of ill Goverment he miserably laid waste That the Title and Inscription of these Miseries may never be placed as a scandalous Mark upon your Reign and this unhappy Age. Recal we beseech you your Royal Mind from such foolish and pernicious Councils and whatsoever they are that suggest such matters to you do not only not hearken to them but totaly remove them from you for in a time of danger it will be found that they can no ways effectual serve you c. By these and such kind of Speeches the King laying aside his Anger was reduced to a better Temper and being pacified promised That after Three days he would come to the Parliament and with Mature Advice willingly Acquiesce to their Petitions The King then came as he had promised and John de Fortham Bishop of Durham was removed from the Office of Treasurer and the Bishop of Hereford made
in any kind lose his Archbishoprick And this he faithfully promised swearing upon the Cross of the late Martyr S. Thomas Archbishop of Canterbury by him the said King corporally touched all which promises notwithstanding the said King forced the said Archbishop to depart the Realm And forthwith transmitted special Letters to the Apostolical See to have him Translated And so and by other Frauds and deceitful Tricks of the said King the said Archbishop being a well-meaning believing man was subtily circumvented AND because it seemed to all the Estates of the Realm being asked their Judgments thereupon as well severally as jointly That these causes of Crimes and Defaults were sufficient and notorious to depose the said King Considering also his own Confession of his insufficiency and other things contained in his said Renunciation and Cession openly delivered all the said States did unanimously consent that ex abundanti that they should proceed unto a Deposition of the said King for the great security and tranquillity of the People and benefit of the Kingdom Whereupon the said States and Commons unanimously constituted and publickly deputed certain Commissioners viz. The Bishop of S Asaph the Abbot of Glassenbury the Earl of Glocester the Lord Berkley Sir Thomas Erpyngham and Sir Shomas Grey Knights and William Thirnyng one of the Justices to pass such sentence of Deposition And to depose the said King Richard from all Kingly dignity Majesty and Honour on the behalf and in the name and by the Authority of all the said States as in like Cases from the Antient Custom of the said Kingdom had been observed And forthwith the said Commissioners taking upon themselves the burthen of the said Commission and sitting on a Tribunal before the said Royal Chair of State having first had some debate of the matter did on the behalf and in the name and by the authority aforesaid pass the said Sentence of Deposition being reduced into writing and caused such their Sentence to be read and recited by the said Bishop ef S. Asaph their Collegue by the Will and Command of the rest of the said Commissioners In these words IN the Name of God Amen We John Bishop of Asaph John Abbot of Glassenbury Thomas Earl of Glocester Thomas Lord Berkley Thomas de Erpingham and Thomas Gray Knights and William Thirnyng Justice Commissioners specially deputed to the matters under written by the Peers and Lords Spiritual and Temporal of the Kingdom of England and the Commons of the said Kingdom Representing all Estates or Conditions of the said Realm sitting in Tribunal and having considered the multiplyed Perjuries Cruelty and very many other Crimes of the said Richard touching his government conmitted and perpetrated in his Kingdomes and Dominions aforesaid during the time of his Governance and before the said States openly and publickly propounded exhibited and recited Which have been and are so publick notorious manifest and scandalous that they could not nor can be concealed with denial or excuse And considering likewise the confession of the said Richard acknowledging and reputing and truly and of his own certain knowledge judging himself to have been and to be utterly insufficient and unmeet for the rule and Government of the said Kingdoms and Dominions and their Appurtenances and for such his notorious demerits worthy to be deposed as by him the said Richard was before declared and by his Will and Command published before the said States and made known and exposed to them in the vulgar Tongue having already had diligent deliberation upon these things and all others transacted in this Affair before the said States and us We do on the behalf and in the name and by the Authority to us in this matter committed ex abundanti and for Caution Pronounce decree and declare him the said Richard to have been and to be unfit unable and utterly in sufficient for and unworthy of the Rule and Government of the said Kingdoms and the Dominion and Rights and Appurtenances of the same and for any by reason of the Premisses to be deservedly deposed of and from all Royal Dignity and Honour if any thing of such Dignity and Honour were yet remaining in him And with the same Caution we do Depose him by this our deffinitive sentence in writing Expresly forbiding all and singular the Lords Archbishops Bishops and Prelates Dukes Marquesses Earls Barons Knights Vassals and Valvassors and other Subjects and Leige people of tbe said Kingdoms and Dominion and other places to the said Kingdoms and Dominion belonging that henceforth none of them shall any way obey or Regard the said Richard as King or Lord of the said Kingdom and Dominion Furthermore the said States willing that nothing should be wanting which might be of value or ought to be required touching the Premisses being severally interrogated thereupon did constitute the same Persons that were before nominated Commissioners to be their Procurators joyntly and severally to resign and give back to the said King Richard the Homage and Fealty to him before made and to intimate to him if it should be requisite all the Premises touching such his Deposition and Renunciation And then presently as soon as it appeared by the Premises and the occasion of them That the Crown of England with its Appurtenances was vacant the aforesaid Henry Duke of Lancaster rising up from his place and standing so erected as he might conveniently be seen by the People and humbly fortifying himself with the Sign of the Cross on his Forehead and on his Breast having also first called upon the name of Christ did claim the said Kingdom so vacant as aforesaid with its Crown and all its Members and Appurtenances In this form of words in his Mother Tongue IN the name of Fader Son and Holy Gost I Henry of Lancaster chalenge this Rewine of Yndlonde and the Croun with all the Members and the Appurtenances al 's I that am descendit be Right Line of the Blode comyng fro the Gude Lord King Henry Therde and thorghe that right that God of eis Grace hath sent mee with helpe of my Kyn and of my Frendes to recover it The which Rewme was in poynt to be ondone for defaut of Governance and undoyng of the Gude Lawes After which Claim and Challenge as well the Lords Spiritual as Temporal and all the States 〈◊〉 present being severally and joyntly interrogated what they thought of that Claim The said 〈◊〉 with the whole People without any difficulty or delay did unanimoâ—sly consent that the said Duke should Reign over them And forthwith as the said King shewed to the States of the Kingdom the Signet of King Richard delivered to him as a token of his will that he should succeed him as aforesaid the said Archbishop taking the said King Henry by the Right Hand led him to the Royal Chair of State And after the said King kneeling down before it had prayed a little while the said Archbishop of Canterbury assisted by the Archbishop of York did
the Statutes Ordinances and Judgments made given and render'd in our Parliament begun at Westminster the 17th day of the Month September in the one and Twentieth Year of our Reign and in the same Parliament continued at Shrewsbury and there holden and also all the Ordinances Judgments and Establishments the 16th day of September in the 22th Year of our Reign at Coventry and afterwards at Westminster the 18th day of March in the Year aforesaid by the Authority of the said Parliament And likewise all other Ordinances and Judgments which shall hereafter happen to be made by Authority of the said Parliament But otherwise if our said Successor shall refuse to do the Premises which we do not believe Then we will that Thomas Duke of Surry Edward Duke d' Auamale John Duke of Exeter and William le Scrope Earl of Wiltshire paying first the Debts of our Houshould our Chamber and our Wardâ—obe and reserving Five or Six Thousand Marks as abovesaid shall have and hold all the said Residue above mentioned for to support and defend the said Statutes Establishments Ordinances and Judgments to their utmost power even unto Death if it be necessary Upon all which and every part we do hereby charge and burden their Consciences as they will answer in the day of Judgment By which Article it may evidently enough appear That the said King did obstinately strive to maintain and desend those Statutes and Ordinances which are erroneous and unjust and repugnant to all Law and Reason And this not only during his Life but after his Death too neither regarding the Peril of his own Soul nor yet the utter destruction of his said Kingdom or Leige People XXXII Item in the 11th Year of the said King Richard he the said King in the Chappel of his Mannor of Langley in the presence of the Dukes of Lancaster and York and very many other Lords desiring as it hath appeared that is Uncle the Duke of Glocester then there present should fully confide in the Good will of him the said King did voluntarily and of his own accord swear before the venerable Sacrament of the Lords Body there placed upon the Altar that thenceforwards he would never endammage trouble or grieve him the said Duke of Glocester for any of his deeds which are said to have been committed against the Person of him the said King But did cheerfully and totally forgive him all his offence if any were Yet afterwards notwithstanding such Oath the said King did horribly and cruelly cause the said Duke to be murdered for such the before pretended offences thereby incurring the Guilt of damnable Perjury XXXIII Item After one of the Knigots of the Shires of the said Kingdom having a voice in Parliament had Impeached the said Lord Thomas Arch-bishop of Canterbury upon certain defaults committed against the Kings Majesty as was untruely suggested And the said Archbishop presently then and there offered himself ready to answer the matters charged upon him and desired that he might be thereunto admitted by the King not doubting as he said but he shall be able sufficiently to shew his Innocence Yet the said King contriving by all the ways and means he could to oppress the said Bishop of Canterbury and ruin his Estate as the Event of the matter has declared speaking graciously and with a cheerfull countenance of the said Archbishop from his Royal Seat did advise and very earnestly request him that at that time he would hold his Peace and expect a better and more fit time to make his defence which day being passed the said King from day to day for Five days or more did fraudulently and treacherously deceive the said Archbishop counselling him and perswading him that he would not come to the Parliament but wait at home without any fear because as the said King faithfully did promise him there should not in his absence any loss or prejudice be done or happen to him Notwithstanding all which the said King in his Parliament aforesaid did in the mean time adjudge the said Archbishop to be banished during the Kings pleasure though absent and never any way called to answer and without any resaonable cause whatsoever and also voluntarily against the Laws of the Kingdom and all Justice Confiscated all his Goods whereby he likewise became Guilty of Perjury But furthermore the said King being willing to Palliate his Malice and Subtilty by flattering discourses which he oft-times had with the said Arch-bishop did endeavour to clear himself of such injury done and make as if it were the doings of others insomuch that the Arch-bishop discoursing with the King and with the Duke of Nâ—rfolk and other Lords and great men of the Kingdom And happening to say by way of Lamenting his own Condition That he was not the first that had suffered Banishment nor should he be the last For he thought in a short time the Duke of Norfolk and other Lords would follow him and confidently aâ—erred to the King That all the Rigour of these Proceedings would finally be returned back on his own Head To which the said King as astonished incontinently replied that he verily thought it might so happen and that he himself might and indeed ought to be expell'd his Kingdom by his Leige People And further the King said that if the same should happen He would convey himself to the same place where the said Archbishop should be And that the Archbishop might the rather Credit his words He shewed him a certain great Jewel Mâ—nile a Brooch or Tablet Curiously formed underneath the skirt of his outward â—estment Intimating for certain to the said Archbishop that when ever he should send that Jewel for a Token he would not delay to come thither where the said Arch-bishop should be resident And that the said Arch-bishop might more confide in him the said King sent to him advising him that he should Privately send all his Jewels and other things of value belonging to his Chappel unto him the said King For the safe keeping thereof lest by colour of the before mentioned Judgment any one should wrongfully seize the same Which under the greatest confidence in the World being done the said King caused him to reposite the said Goods in certain Coffers and the said Coffers to be locked up and sealed by one of the Archbishops Clerks and keeping the said Coffers by him returned the Keys thereof by the said Clerk to the Archbishop Yet afterwards unknown to the said Archbishop caused the said Coffers to be broken open and disposed of the goods therein at his will and pleasure Furthermore the said King faithfully promised the said Archbishop that if he would but repair to the Port of Hampton in order to go out of the Realm he would at least by the Intercession of the Queen get him Recalled And if it should happen that he the said Archbishop should go out of the Realm he should without fail return into England before Easter next following nor should