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A34718 The histories of the lives and raignes of Henry the Third, and Henry the Fourth, Kings of England written by Sr. Robert Cotton and Sr. John Hayvvard. Cotton, Robert, Sir, 1571-1631.; Hayward, John, Sir, 1564?-1627. 1642 (1642) Wing C6494; ESTC R3965 119,706 440

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had such worthy servants as would often for his Honour urge it For these Masters as Wallingford termeth them Tanta ela●i jactantia quod nec sup riorem sibi intelligunt nec parem mellitis mollitis adulationibus animum Regis pro libito voluntatis â ratione tramite declinantes doe alone what they list They fill up the place of Iustice and Trust with their Countrey-men strangers exact of whom how and what they please wast the Treasure and Crowne lands on themselves and their followers set prices on all offences and raine the Law within the rule of their owne Breasts The usuall reply of their servants to the plaints of the Kings Subjects being Quis tibi rectum saciet Dominus rex vult quod Dominus meus vult these Strangers seemed in their Lawlesse carriage not to have beene invited but to have entred the state by Conquest The great men they enforced not to obey but to serve and the meane to live so as they might justly say they had nothing yet least the King should heare the groanes of his people and the wickednesse of his Ministers which good and able men would tell him they barre all such accesse Suspition being the best preserver of her owne deserts aimeth at these who hath more of vertue then themselves as fearing them most Thus is the incapacity of Government in a King when it fals to bee a prey to such Lawlesse Minions the ground of infinite corruption in all the members of the State all take warrant gener●lly from Princes weakenesses of licentious liberty and greatnesse makes profit particularly by it and therefore give way to encrease ill to encrease their gaines A Famine accompanieth these corruptions and that so violent that the King is enforced to direct Writes to all the Shires Ad pauperes mortuos sepelicendos famis media deficientes Famine proceeds Fames praecessit secutus est gladius tam terribilis ut n●mo inermis secura possit Provincias peragare For all the Villages of the Kingdome were left a prey to the lawlesse Multitude Who Per diversas partes itinerantes velut per Consentum aliorum as the Record saith did imply that the factious Lords suspected by the King had given some heat to that commotion Seditious Peeres bringing ever fewell to such popular fires Neither was the Church without a busie part in this Tragick worke for Walter Bishop of Worcester and Robert of Lincolne to whom Mountford and his faction Prae cordialiter adhaerebant were farre ingaged In such designes Church-men are never wanting and the distast of the present Government as well in the Church as in the Common-wealth will ever bee a knot of strength for such unquiet Spirits who as well frame to themselves some other forme of Government then the present in the Church as in the temporall state as that which with the giddy multitude winneth best opinion and did at this time fitly suite the peoples humours so much distasting the new Courts of the Clergy their pompe their greedinesse and the Popes extortions A faire pretext was it to those factious Bishops to use their bitter pens and speeches so farre against Religious Orders Ceremonies and State of the Church that one of them incurred the sentence of Excommunication at Rome and Treason at home for hee enjoyned the Earle of Leycester In remissione peccatorum ut causam illam meaning his Rebellions usque ad mortem assumeret asserens pacem Ecclesiae Auglicanae nunquam sine gladio materiali posse firmari It was not the best Doctrine that this man could plant by liberty or warre when the first Church rose by fasting and prayer True Piety binds the Subject to desire a good Soveraigne but to beare with a bad one and to take up the burthen of Princes with a bended knee rather in time so to deserve abatement then resist authority Church-men therefore ought not alwayes to leade us in the rule of Loyalty but a knowledge of our owne duties in difficult points of Religion where an humble ignorance is a safe and secure knowledge wee may rely upon them To suppresse these troubles and supply the Kings extremity a Parliament was called much to the liking of those Lords who as little meant to releeve the King as they did to acquiet the State their end at that time being onely to open at home the poverty of their Master to lessen his reputation abroad and to brave out their owne passions freely whil'st those times of liberty permit Here they began to tell him hee had wronged the publick State in taking to his private election the Iustice Chancellour and Treasurer that should bee onely by the Common Councell of the Realme commending much the Bishop of Chicester for denying delivery of the great Seale but in Parliament where he received it They blame him to have bestowed the best places of trust and benefit in his gift on Strangers and to leave the English unrewarded to have undone the trade of Merchants by bringing in Maltolts and heavy customes and to have hurt the Common liberty by non obstantes in his Parents to make good Monopolies for private favorites That hee hath taken from his Subjects Quicquid habuerunt in esculentis poculentis Rust●coruin enim ●ques bigas vina victualia ad libitum caepit That his Iudges were sent in circuites under pretext of Iustice to fleece the people Causis fictitiis quascunque poterant diripuerunt And that Sir Robert de Purslowe had wrong from the Borderers of his Forrest under pretence of en●rochments or assarts great summes of money And therefore they wonder that hee should now demand reliefe from his so pilled and polled Commons who by their former extremities Et per auxilia priu● data ita depa●perantur ut nihil aut parum habeant in bonis And therefore advised him that since his needlesse expence Postquam regni caepit esse dilapidatur was summed up by them to above 800000. l. It were fitting to pull from his favorites who had gleaned the Treasure of his Kingdome and shared the old Lands of the Crowne seeing one of them there whom the Lords described to bee Miles litteratus or Clericus militaris who had in short space from the inheritance of an acre growne to the Possession of an Earledome and Mansel another inferiour Clarke that besides 50. promotions with the cure of soules rose to dispend in annuall revenue 4000. markes whereas more moderate Fees would have become a pen-man no better quallified then with the ordinary fruits of a writing Schoole yet if a moderate supply would suite with the Kings occasions they were content to performe so farre reliefe in Obedience as the desert of his carriage should merrit toward them And so as the Record saith Dies datur suit in tres septimanas ut interim Rex excessuos suos corrigeret Magnates
by the Lords spirituall and temporall of the Realme of England and the Commons of the said Realme representing all the States of the said Kingdome specially deputed sitting in seate of judgement and considering the manifold iniuries and cruelties and many other crimes and offences by Richard late King of the said Realm committed and done contrary to good governement in the Realmes and Dominions aforesaid during the time of his Raigne also considering the articles which were openly exhibited and read before the said States which were so publike notorious manifest and famous that they could nor can by no avoydance and shift bee concealed also considering the confession of the said King acknowledging and reputing and truly upon his certaine knowledge judging himselfe to have beene and to be altogether insufficient and unskilfull for the rule and government of the Realmes and Dominions aforesaid and of any parts of them and not unworthy to bee deposed for the notorious demerits by the said Richard first acknowledged and afterward by his will and mandate before the said States published and to them opened and declared in the English tongue Vpon these and other matters which were done concerning the same busines before the said States and us by the diligent place name and authority to us in this part committed in abundance and for a cautele wee pronounce decree and declare the said Richard to have beene and to be unprofitable and unable and altogether unsufficient and unworthy for the rule and government of the said Realmes and of the Dominions Rights and parts of them and in regard and respect of the premises worthily to bee deposed from all kingly dignity and honour if any such dignity and honour remaineth in him and for the like cautele wee doe depose him by our sentence definitive in this writing inhibiting from henceforth expresly all and singular Lords Archbishops Bishops Prelates Dukes Marquesses and Earles Barons Knights Vassalles and all other persons whatsoever of the said Realmes and Dominions and other places to the said Realmes and Dominions appertaining the subjects and liege people of the same and every of them that from henceforth none obey or intend to obey the aforesaid Richard as King or Lord of the Realmes and Dominions aforesaid Then the same Commissioners were by the consent and suffrages of both houses constituted Procurators joyntly and severally for all the States of the Realme to resigne and surrender unto King Richard for them and all other homages of the Realme all the homages and fealties which were both due and done unto him as King and Soveraigne and also to declare unto him all the premises concerning his deposition Now Henry Duke of Lancaster that hee might bee reputed or reported at the least not to attaine the Kingdome by intrusion and wrong was counsailed by his friends to pretend some lawfull challenge and claime thereunto and being in power it was no sooner advised what was to bee done but it was presently devised how to doe it So a title was drawne from Edmund sonne to King Henry the third whom they surnamed Crouch-backe affirming that hee was the eldest sonne of King Henry and that for his deformity hee was put from his right of succession in the Kingdome which was for that cause given to his younger brother King Edward the third to this Edmund the Duke was next of blood by his mother Blanche sole daughter and heyre to Henry the first Duke of Lancaster and sonne to the said Edmund This cunning conceit was perceived of all men but seeming not to perceive it was a point of friendship in some and of obedience in the rest therefore the Kingdome of England being then thought vacant both by the resignation and also by the deposition of King Richard Duke Henry arose from his seat and standing in the view of the Lords crossed himselfe on the fore-head and on the brest and spake as followeth In the name of God Amen I Henry of Lancaster claime the realme of England and the Crown with all the appurtenances as I that am descended by right line of the blood royall comming from that good Lord K. Henry the third through the right that God of his grace hath sent me with the helpe of my kindred and of my friends to recover the same Which kingdome was in point to be undone for default of good government and due justice After these words it was demanded in both houses of the Nobility and of the Commons which were assembled whether they did consent that the Duke should raign who all with one voyce acknowledged and accepted him for their King then the Archbishop of Canterbury tooke him by the hand and placed him in the Throne of estate the Archbishop of Yorke assisting him and all the assembly testifying their owne joy and wishing his Then the Archbishop made an Oration and tooke for his theame this place of Scripture See this is the man whom I spake to thee of this same shall raigne over my people 1 Reg. 9.17 After all this hee was proclaymed King of England and of France and Lord of Ireland and the common people which is void of cares not searching into sequels but without difference of right or wrong inclinable to follow those that are mighty with shoutes and clamours gave their applause not all upon judgement or faithfull meaning but mostionly upon a received custome to flatter the Prince whatsoever he be Yet least the heat of this humour should allay by delay it was forthwith proclaimed in the great Hall that upon the 13. day of September next ensuing the Coronation of the King should be celebrated at Westminster These matters being thus dispatched the K. proclaimed arose from his seat and went to White-Hall where hee spent the rest of day in royall feasting and all other complements of joy notwithstanding there appeared in him no token of statelinesse or pride nor any change in so great a change Vpon Wednesday next following the Procurators before mentioned went to the presence of King Richard being within the Tower and declared unto him the admission of his resignation and also the order and forme of his deposition and in the name of all the States of the realm did surrender the homage and fealty which had bin due unto him so that no man from thenceforth would bear to him faith and obedience as to their King The King answered that he nothing regarded these titular circumstances but contented himselfe with hope that his cousen would be a gracious Lord and good friend unto him So upon the 13. day of October which was the day of the translation of Edward the Confessor the Duke was with all accustomed solemnities by the Archbishop of Canterbury sacred annoynted and crowned King at Westminster by the name of King Henry the fourth upon the very same day wherein the yeare before he had bin banished the Realme Hee was annoynted with an oyle which a certain religious man gave unto Henry the first Duke
all doubt they make expresse mention of the evill For the power and authority of wicked Princes is the ordinance of God and therefore CHRIST told Pilate that the power which hee had was given him from above and the Prophet Esay calleth Cyrus being a Prophane and Heathen Prince the Lords annointed For God stirred up the Spirit even of wicked Princes to doe his will and as Iehosaphat said to his Rulers they execute not the judgement of man but of the Lord in regard whereof David calleth them Gods because they have their rule and authority immediately from God which if they abuse they are not to bee adjudged by their Subjects for no power within their Dominion is superiour to theirs but God reserveth them to the forest triall Horribly and sodainly saith the Wisem●n will the Lord appear● unto them and a hard judgement shall they have The law of God commandeth that the Childe should bee put to death for any con●umely done unto the Parents but what if the Father be a robber if a murtherer if for all excesse of villanies odious and execrable both to God and man surely hee deserveth the highest degree of punishment and yet must not the Sonne lift up his hand against him for no offence is so great as to bee punished by parricide but our Countrey is deerer unto us then our Parents and the Prince is Pater patriae the Father of our Countrey and therefore more sacred and deere unto us then our Parents by nature and must not bee violated how imperious how impious so ever hee bee doth hee command or demand our persons or our purses wee must not shunne for the one nor shrinke for the other for as Nehemiah saith Kings have Dominion over the bodies and over the cattle of their Subjects at their pleasure Doth hee enjoyne those actions which are contrary to the lawes of God wee must neither wholy obey nor violently resist but with a constant courage submit our selves to all manner of punishment and shew our subjection by enduring and not performing yea the Church hath declared it to bee an Heresie to hold that a Prince may be slaine or deposed by his Subjects for any disorder or default either in life or else in government there will bee faults so long as there are men and as we endure with patience a barren yeare if it happen and unseasonable weather and such other defects of nature so must wee tollerate the imperfections of Rulers and quietly expect either reformation or else a change But alas good King Richard what such cruelty what such impiety hath he ever committed examine rightly those imputations which are laid against him without any false circumstance of aggravation and you shall find nothing objected either of any truth or of great moment It may bee that many errours and oversights have escaped him yet none so grievous to bee termed tyranny as proceeding rather from unexperienced ignorance or corrupt counsaile then from any naturall and wilfull malice Oh how shall the World bee pestered with Tyrants if Subjects may rebell upon every pretence of tyranny how many good Princes shall dayly bee suppressed by those by whom they ought to bee supported if they leavy a subsidy or any other taxation it shall bee claimed oppression if they put any to death for trayterous attempts against their Persons it shall bee exclaimed cruelty if they doe any thing against the lust and liking of the people it shall bee proclaimed tyranny But let it bee that without authority in us or desert in him King Richard must bee deposed yet what right had the Duke of Lancaster to the Crowne or what reason have wee without his right to give it to him if hee make title as Heire unto King Richard then must hee yet stay untill King Richards death for no man can succeed as Heire to one that liveth But it is well knowne to all men who are not either wilfully blind or grossely ignorant that there are some now alive Lineally descended from L●onel Duke of Clarence whose off-spring was by judgement of the High Court of Parliament holden the eight yeare of the raigne of King Richard declared next Successour to the Crowne in case King Richard should dye without issue Concerning the title from Edmund Crouchback I will passe it over seeing the authours thereof are become ashamed of so absurd abuse both of their owne knowledge and our credulity and therefore all the claime is now made by right of conquest by the cession and grant of King Richard and by the generall consent of all the people It is a bad wooll that can take no colour but what conquest can a Subject pretend against his Soveraigne where the warre is insurrection and the victory high and heinous treason as for the resignation which King Richard made being a pent Prisoner for the same cause it is an act exacted by force and therefore of no force and validity to bind him and seeing that by the lawes of this Land the King alone cannot alienate the ancient Jewels and ornaments partaining to the Crowne surely hee cannot give away the Crowne it selfe and therewithall the Kingdome Neither have wee any custome that the people at pleasure should elect their King but they are alwayes bound unto him who by right of bloud is right successour much lesse can they confirme and make good that title which is before by violence usurped for nothing can then be freely done when liberty is once restrained by feare So did Scilla by terrour of his Legions obtaine the law of Velleia to be made whereby hee was created Dictatour for fourescore yeares and by like impression of feare Caesar caused the law Servia to bee promulged by which hee was made perpetuall Dictatour but both these lawes were afterwards adjudged void As for the deposing of King Edward the second it is no more to bee urged then the poisoning of King Iohn or the murdering of any other good and lawfull Prince we must live according to lawes and not to examples and yet the Kingdome was not then taken from the lawfull successour But if we looke back to times lately past we shall find that these titles were more strong in King Stephen then they are in the Duke of Lancaster For King Henry the first being at large liberty neither restrained in body nor constrained in mind had appointed him to succeed as it was upon good credit certainely affirmed The people assented to this designement and thereupon without feare and without force he was annointed King and obtained full possession of the Realme Yet Henry Sonne of the Earle of Anjowe having a neerer right by his Mother to the Crowne notwithstanding his Father was a stranger and himselfe borne beyond the Seas raised such rough warres upon King Stephen that there was no end of spoiling the goods and spilling the bloud of the unhappy people besides the ruines and deformities of many Cities and
these Lords or by any Officers under them he should prove his complaint receive recompence It was made a question whether it was not meet that these Noble men should be put to death the importunity of the people and the perswasion of many great men drew that way but policy was against it and especially the opinion of clemency which seemed needfull to the setling of a new risen state In this Parliament also the Lord Fitzwater appealed the said Duke of Aumerle Sonne to the Duke of Yorke upon points of High treason likewise the Lord Monley appealed Iohn Montacu●e Earle of Salisbury and more then twenty other appealants waged battaile but the King purposing to lay the foundation of his Realme by favour and not by force gave pardon and restitution alike to all upon sureties and band for their allegeance and in a sweet and moderate oration hee admonisheth and as it were intreated the one part that old griefes and grudges should not bee renewed but buried together with the memory of former times wherein men were forced to doe many things against their minds the other part hee desired to bee more regardfull of their actions afterwards and for the time past rather to forget that ever they were in fault then to remember that they were pardoned No punishment was laid upon any save onely the Earle of Salisbury and the Lord Morley who had beene in especiall grace and favour with King Richard● these two were committed to prison but at the sute of their friends they were soone released the rest the King received freely to favour but most especially the Duke of Aumerle and the Duke of Excester Lord Governour of Calis The Duke of Aumerle was cousen germane to both the Kings Iohn Holland Duke of Exeter was halfe brother to King Richard and brother in law to King Henry whose Sister the Lady Elizabeth hee had taken to wife The greatest matter that was enforced against them was their loialty unto King Richard a grievous crime among rebels because they did not onely stomack and storme at his dejection but stirre also more then others and assay to raise forces on his behalfe The Dukes boldly confessed the accusation that they were indeed unfortunately faithfull to King Richard but as those who once are false doe seldome afterwards prove soundly firme so they that have shewed themselves true to one Prince may the better bee trusted by any other The King did rather admit this as a defence then remit it as a fault affirming that such examples were not to bee misliked of Princes so hee entred with them into great termes of friendship and put them in place neerest his person endeavouring by courtesie and liberalty to make them fast and faithfull unto him this fact was diversly interpreted according to mens severall dispositions some admiring the Kings moderation others disliking and disallowing his confidence and indeed although these meanes have to this purpose prevailed with some yet the common course may move us commonly to conjecture that there is little assurance in reconciled enemies whose affections for the most part are like unto Glasse which being once cracked can never bee made otherwise then crazed and unsound Furthermore to qualifie all prejudice and hard opinion which other Princes might chance to conceive King Henry dispatched Embassadours to divers Countries neere unto him to make it knowne by what title and by what favour and desire of all the people hee attained the Kingdome To the Court of Rome hee sent Iohn Trevenant Bishop of Hereford Sir Iohn Cheyney Knight and Iohn Cheyney Esquire into France hee sent Walter Sherlow Bishop of Durham and Lord Thomas Pearcy Earle of Worcester into Spaine hee sent Iohn Trevor Bishop of S. Assaphes and Sir William Parre and into Almaine hee sent the Bishop of Bangor and certaine other Most of these Princes as in a matter which little concerned either their honour or their harme seemed either not to regard what was done or easily to bee perswaded that all was done well But Charles King of France was so distempered at this dishonourable dealing with his Sonne in law King Richard that by violence of his passion hee fell into his old panges of phrensie and at the last by helpe of physick returning to the sobriety of his sences hee purposed to make sharpe warre upon that disloyall people as hee termed them for this injury against their lawfull and harmelesse Prince Many Noble men of France shewed themselves very forward to enter into the service but especially the Earle of Saint Paul who had married King Richards halfe Sister So letters of defiance were sent into England and great preparation was made for the warre Likewise the newes of these novelties much abashed the Aquitanes who were at that time under the English subjection and plunged their thoughts in great perplexities Some were grieved at the infamous blemish of the English nation who had destained their honour with the spot of such disloyall dealing others feared the spoile of their goods and oppression of their liberties by the French-men against whose violence they suspected that the Realme of England being distracted into civill factions either would not attend or should not bee able to beare them out but the Citizens of Burdeaux were chiefely anguished in respect of King Richard partly fretting at his injury and partly lamenting his infortunity because hee was borne and brought up within their City And thus in the violence some of their anger some of their griefe and some of their feare in this sort they did generally complaine O good GOD said they where is the World become Saints are turned to Serpents and Doves into Divels The English nation which hath beene accompted fierce onely against their foes and alwayes faithfull to their friends are now become both fierce and faith lesse against their lawfull and loving Prince and have most barbarously betrayed him Who would ever have thought that Christians that civill people that any men would thus have violated all Religion all Lawes and all honest and orderly demeanure And although the Heavens blush at the view and the Earth sweat at the burthen of so vile a villany and all men proclaime and exclaime upon shame and confusion against them yet they neither feele the horrour nor shrinke at the shame nor feare the revenge but stand upon tearmes some of defence for the lawfulnesse of their dealing and some of excuse for the necessity Well let them bee able to blind the world and to resist mans revenge yet shall they never be able to escape either the sight or vengeance of Almighty God which we daily expect and earnestly desire to bee powred upon them Alas good King Richard thy nature was too gentle and thy government too mild for so stiffe and stubborne a people what King will ever repose any trust in such unnaturall subjects but fetter them with Lawes as theeves are with Irons What carriage hereafter can recover their credit What time will