this favour not onely to exceed his expectation but even above his wish hee thought it best to follow the current whilst the streame was most strong knowing right well that if fortune be followed as the first doe fall out the rest will commonly succeed Therefore cutting off unnecessary delayes with all possible celerity hee hastned towards London to the end that possessing himselfe thereof as the chiefe place within the Realme both for strength and store hee might there make the seat of the warre In this journey no signe nor shew of hostility appeared but all the way as hee passed the men of chiefest quality and power adjoyned themselves unto him some upon heat of affection some for feare others upon hope of reward after victory every one upon causes dislike with like ardent desire contending least any should seeme more forward then they In every place also where hee made stay rich gifts and pleasant devises were presented unto him with large supply both of force and provision farre above his need and the Common people which for their greatnesse take no care of publique affaires and are in least danger by reason of their basenesse with shouts and acclamations gave their applause extolling the Duke as the onely man of courage and saluting him King but spending many contumelious termes upon King Richard and depraving him as a simple and sluggish man a dastard a mâ—ycock and one altogether unworthy to beare rule shewing themselves as much without reason in railing upon the one as they were in flattering the other Againe the Duke for his part was not negligent to uncover the head to bow the body to stretch forth the hand to every meane person and to use all other complements of popular behaviour wherewith the minds of the common multitude are much delighted and drawen taking that to be courtesie which the severer sort account abasement When he came to the Citie hee was there likewise very richly and royally entertained with processions and pageants and vers other triumphant devises and shewes the standing in all the streets where hee passed were taken up to behold him and the unable multitude who otherwise could not yet by their good words wishes and wils did testifie unto him their loving affections neither did there appeare in any man at that time any memory of faith and allegiance towards King Richard but as in seditions it alwayes hapneth as the most swayed all did goe On the contrary side the Duke of Yorke with the rest of his counsaile fell to mustering of men at S. Albones for the King but as the people out of divers quarters were called thither many of them protested that they would doe nothing to the harme and prejudice of the Duke of Lancaster who they said was unjustly expelled first from his countrey and afterwards from his inheritance Then W. Scroupe Earle of Wiltshire Lord Treasurer S. I. Bush Sir W. Bagot and Sir Henry Greene perceiving the stiffe resolution of the people forsooke the Duke of Yorke and the Lord Chancellor and fled towards Bristow intending to passe the seas into Ireland to the King These foure were they upon whom the common fame went that they had taken of the King his Realme to farme who were so odious unto the people that their presence turned away the hearts of many subjects yea it was thought that more for displeasure against them then against the King the revolt was made For being the only men of credit and authority with the King under false colour of obedience they wholly governed both the Realme and him to many mischiefes corrupting his mind and in many abusing his name either against his will or without his knowledge insomuch as hee was innocent of much harme which passed under his commandement but the patience of the people could not endure that two or three should rule all not by reason they were sufficient but because they were in favour and the King in that he permitted them whom hee might have bridled or was ignorant of that which he should have knowne by tollerating and wincking at their faults made them his owne and opened thereby the way to his destruction So often times it falleth out to be as dangerous to a Prince to have hurtfull and hatefull officers in place and services of weight as to be hurtfull and hatefull himselfe The Duke of Yorke either amazed at this sudden change or fearing his adventure if hee should proceed in resistance gave over the cause and preferred present security before duty with danger giving most men occasion to misdeeme by his dealing that hee secretly favoured the Dukes Enterprise likewise all the other Counsellors of that side either openly declared for the Duke or secretly wished him well and abandoning all private direction advise adjoyned themselves to the common course presuming thereby of greater safety Duke Henry in the meane time being at London entred into deliberation with his friends what way were best to be followed At the last having considered the forwardnesse of the people the greatnesse of the perill whereinto they had already plunged and the Kings irreconcilable nature whereof hee made proofe against the Duke of Glocester and the Earles of Arundell and Warwicke they finally resolved to expell him from his dignity and to constitute Duke Henry King in his stead and to that end open warre was denounced against the King against all his partakers as enemies to the quiet prosperity of the Realme and pardon also promised to all those that would submit themselves to follow the present course otherwise to looke for no favour but all extremities None of the Nobility durst openly oppose himselfe to these designes some unwilling to play all their state at a cast kept themselves at liberty to be directed by successe of further event others consented coldly and in tearms of doubtfull construction with intent to interpret them afterwards as occasion should change but the most part did directly and resolutely enter into the cause and made their fortunes common with the Duke in danger of the attempt but not in honour among whom the Duke standing up used speech to this purpose I am returned here as you see at your procurement by your agreement have entred into armes for the common liberty wee have hitherto prosperously proceeded but in what tearmes wee now stand I am altogether uncertaine A private man I am loath to be accounted being designed to be King by you and a Prince I cannot be esteemed whilst another is in possession of the Kingdome Also your name is in suspence whether to be termed rebels or subjects untill you have made manifest that your alleageance was bound rather to the state of the Realme then the person of the Prince Now you are the men who have both caused this doubtfulnesse and must cleare the same your parts still remaineth to be performed your vertue and valour must adde strength to the goodnesse of this action Wee have already attempted so
have drawne more heavy burthens and our complaints procured more bitter blowes by the one our livings and our lives by the other are dayly devoured And therefore we are now compelled to shake off our shoulders this importable yoke and submit our selves to the soveraignty of some more moderate and worthy person not so much for the griefe of our miseries which are past nor for the paine of our present distresses as for feare of such dangers as are most like to ensue for the King hath cut away the chiefe of the Nobility and the Commons he hath pared to the quick and still he harrieth us as a conquered Country whereby we are laid bare to the havock of all our enemies and utterly disabled not only to recover that which is lost but also to retain even that which is left But to whom should we complaine what succour whose aid should we desire you are the onely man who in right should and in wisedome can and in goodnesse will we hope relieve us For you are neerest to the King in bloud and therefore ought to have the rule of that which his weaknesse cannot wield Your yeares are well stayed from the light conceits of youth and so spent that all your actions have made proofe of ability in government of greatest charge nothing past needeth excuse and feare is vain for any thing to come The pains and perils which heretofore you have undertaken for the benefit of your Countrey putteth us also in good hope that in these extremities you will not forsake us wee are all as in a ship that is ready to sinke as in a house that is ready to fall and doe most humbly crave and call for your helpe now or else never shew your selfe in favour of your Countrymen to free us to free your selfe to free the whole State from these dangers and decayes by taking into your hands the scepter and diademe of the Realme and reducing againe the government thereof to a Princely freedome in combining the Soveraignty of one with the liberty of all Omit not this occasion to set forth to the view of the World as in a large field and at free scope your vertue and courage by relieving miserable wretches from their Oppressours which action hath bin so highly honoured that many Heathen men for the same have beene accompted as Gods This we are constrained to offer and intreat this is both honourable for you to accept and easie to bee performed and so much the more in that no Prince by any people have beene desired with greater affection nor shall bee with more duty obeyed The Duke entertained this speech with great moderation of mind shewing himselfe neither disturbed thereat nor excessive in joy His answer concerning the King was respective and well tempered rather lamenting his weakenesse then blaming his malice Concerning himselfe hee spake so modestly that hee seemed rather worthy of a Kingdome then desirous The life quoth hee which hitherto I have led hath alwayes beene free from ambitious attempts and the stayednesse of my yeares hath now setled my mind from aspiring thoughts experience of former dangers hath bred in mee a wary regard in such weighty proceedings for to cast a King out of state is an enterprise not hastily to be resolved upon nor easily affected but suppose that matter not impossible and perhaps not hard yet the ratenesse of that like precedents will make the action seeme injurious to most men and hee that shall attaine a Kingdome upon opinion of desert doth charge himselfe with great expectation and how honourably soever hee carry himselfe shall never want his deadly Enviers besides this in civill dissentions the faith of the whole people is fleeting and danger is to bee doubted from every particular person so that it is possible that all may fall away and impossible to beware of every one Therefore I could rather wish to spend the course of my yeares which yet remaine in this obscure yet safe and certaine state then to thrust my selfe upon the pikes of those perils which being once entred into are dangerous to follow and deadly to forsake for in private attempts a man may step and stop when hee please but hee that aimeth at a Kingdome hath no middle course betweene the life of a Prince and the death of a Traytour The Archbishop hearing this did as vainely persist in importuning the Duke as hee vainely seemed unwilling and strange The state said hee wherein now you stand is not so safe and certaine as you doe conceive Indeed by rejecting our request you shall avoid certaine dignity and therewith uncertaine and contingent dangers but you shall procure most certaine destruction both to your selfe and us For this secret cannot bee kept long secret from the King and even good Princes are nice in points of soveraignty and beare a nimble care to the touch of that string and it more hurteth a subject to be esteemed worthy of the Kingdome then it will profit him to have refused the offer What then will he doe who putteth the chiefest surety of his raigne in the basenesse barenesse of his subjects whose head being possessed with eternall jealousy maketh every presumption a proofe and every light surmise a strong suspition against them Surely since the generall favour and love which the people beareth you hath bereaved you of your liberty this their generall desire will not leave your life untouched As for us if wee either faint in our intent or faile in the interprise actum est we shall be as lambs among lions and no conquest can be so cruell as the Kings raigne will bee over us Certainely we have gone too far for to goe back and the time is past when you for ambition and wee for envy might seeme to attempt against the King the attainment of the Kingdome must now bee a Sanctuary and refuge for us both The like examples are not rare as you affirme nor long since put in practise nor farre hence to be fetched The Kings of Denmarke and of Swedland are oftentimes banished by their Subjects oftentimes imprisoned and put to their fine the Princes of Germany about an â—undred yeares past deposed Adulphus their Emperour and are now in hand to depose their Emperour Wenceslaus The Earle of Flanders was a while since driven out of his Dominion by his owne people for usurping greater power then appertained to his estate The ancient Britaines chased away their owne King Carecious for the lewdnesse of his life and cruelty of his rule In the time of the Saxon Heptarchy Bernredus King of Mercia for his pride and stoutnes towards his people was by them deposed Likewise Aldredus and Ethelbertus Kings of Northumberland were for their disorders expelled by their subjects Since the victory of the Normains the Lords endeavoured to expell King Henry the third but they were not able yet were they able to depose King Edward the second and to constitute his young Sonne Edward King
either safe quiet or dangerous disturbance both to our particular consciences and also to the common state Therefore before you resolve upon it I pray you call to your considerations these two things Frist whether King Richard be sufficiently deposed or no Secondly whether King Henry bee with good judgement or justice chosen in his place For the first point we are first to examine whether a King being lawfully and fully instituted by any just title may upon impution either of negligence or of tyrannie be deposed by his subjects Secondly what King Richard hath omitted in the one or committed in the other for which hee should deserve so heavy judgement I will not speake what may be done in a popular state or in a Consular in which although one beareth the name and honour of a Prince yet hee hath not supreme power of Majestie but in the one the people have the highest Empire in the other the Nobility and chiefe men of estate in neither the Prince Of the first sort was the common-wealth of the Lacedaemoans who after the form of government which Licurgus framed oftentimes fined oftentimes fettered their kings and sometimes condemned them to death such were also in Caesars time the petty Kings of every Citie in France who were many times arraigned upon life and death and as Ambiorix Prince of the Leodienses confessed had no greater power over the people then the people had over them Of the second condition were the Roman Emperours at the first of whom some namely Nero and Maximinus were openly condemned others were suddenly surprized by judgement and authority of the Senate and such are now the Emperors of Germany whom the other Princes by their Aristocraticall power doe not only restraine but sometimes also remove from their Imperiall state such are also the Kings of Denmarke and Sweveland who are many times by the Nobility dejected either into prison or into exile such likewise are the Dukes of Venice and of some other free states in Italy and the chiefest cause for which Lewes Earle of Flaunders was lately expelled from his place was for drawing to himselfe cognisance in matters of life and death which high power never pertained to his dignity In these and such like governments the Prince hath not regall rights but is himselfe subject to that power which is greater then his whether it bee in the Nobility or in the common people But if the Soveraigne Majesty be in the Prince as it was in the three first Empires and in the Kingdome of Iudea and Israel and is now in the kingdomes of England France Spaine Scotland Muscovia Turky Tartaria Persia Ethiopia and almost all the kingdomes of Asia and Africke although for his vices he be unprofitable to the subjects yea hurtfull yea intollerable yet can they lawfully neither harme his person nor hazard his power whether by judgement or else by force for neither one nor all Magistrates have any authority over the Prince from whom all authority is derived and whose only presence doth silence and suspend all inferiour jurisdiction and power As for force what subject can attempt or assist or counsaile or conceale violence against his Prince and not incurre the high and hainous crime of treason It is a common saying thought is free free indeed from punishment of secular lawes except by word or deed it breake forth into action Yet the secret thoughts against the sacred Majesty of a Prince without attempt without endeavour have beene adjudged worthy of death and some who in auriculer confession have discovered their treacherous devises against the person of their Prince have afterwards been executed for the same All Lawes doe exempt a mad man from punishment because their actions are not governed by their will and purpose and the will of man being set aside all his doings are indifferent neither can the body offend without a corrupt or erronious mind yet if a mad man draw his sword upon his King it hath beene adjudged to deserve death And lest any man should surmise that Princes for the maintenance of their owne safety and soveraignety are the onely Authors of these judgements let us a little consider the Patternes and Preceprs of Holy Scripture Nebuchadnezzar King of Assyria wasted all Palestine with fire and sword oppugned Hierusalem a long time and at the last expugned it slâ—e the King burnt the Temple tooke away the Holy Vessels and Treasure the rest hee permitted to the cruelty and spoyle of his unmercifull souldiers who defiled all places with rape and slaughter and ruinated to the ground that flourishing Citie after the glut of this bloody butchery the people which remayned he led captive into Chaldaea and there erected his golden Image and commanded that they which refused to worship it should bee cast into a fiery Furnace What cruelty what injustice what impiety is comparable to this and yet God calleth Nebuchadnezzar his servant and promiseth hyre and wages for his service and the Prophets Ieremiah and Baruch did write unto the Iewes to pray for the life of him and of Baltazar his sonne that their dayes might bee upon earth as the dayes of Heaven and Ezechiel with bitter termes abhorteth the disloyalty of Zedechia because he revolted from Nebuchadnezzar whose homager and tributary he was What shall we say of Saul did hee not put all the Priests to execution because one of them did relieve holy and harmelesse David did hee not violently persecute that his most faithfull servant and dutifull sonne in law during which pursuit he fell twice into the power of David who did not only spare but also protect the King and reproved the Pretorian souldiers for their negligent watch and was touched in heart for cutting away the lap of his garment and afterwards caused the Messenger to bee slaine who upon request and for pitty had lent his hand as hee said to help forward the voluntary death of that sacred King As for the contrary examples as that of Iehu who slew Iehoram and Ahazia Kings of Israel and Iuda they were done by expresse oracle and revelation from God and are no more set downe for our imitation then the robbing of the Aegyptians or any other particular and priviledged Commandement but in the generall Precept which all men must ordinarily follow not onely our actions but our speeches also and our very thoughts are strictly charged with duty and obedience unto Princes whether they bee good or evill the law of God ordaineth That hee which doth presumptuously against the Ruler of the people shall dye and the Prophet David forbiddeth to touch the Lords annointed Thou shalt not saith the Lord raile upon the Iudges neither speake evill against the Ruler of the people And the Apostles doe demand further that even our thoughts and soules be obedient to higher powers And least any should imagine that they meant of good Princes onely they speake generally of all and further to take away
deserved this dejection if it be just or if it be wrongfull that I could notavoid it Indeed I do confes that many times I have shewed my selfe both lesse provident lesse painful for the benefit of the Common-wealth then I should or might or intended to doe hereafter and have in many actions more respected the satisfying of my owne particular humour then either justice to some private persons or the common good of all yet I did not at any time either omit duty or commit grievance upon naturall dulnes or set malice but partly by abuse of corrupt Counsellors partly by errour of my youthfull judgement And now the remembrance of these oversights is so unpleasant to no man as to my selfe and the rather because I have no meanes left either to recompence the injuries which I have done or to testifie to the World my reformed affections which experience and stayednesse of yeares had already corrected and would dayly have framed to more perfection But whether all the imputations wherewith I am charged be true either in substance or in such quality as they are laid or whether being true they be so heinous as to inforce these extremities or whether any other Prince especially in the heate of youth and in the space of two and twenty yeares the time of my unfortunate raigne doth not sometimes either for advantage or upon displeasure in as deepe manner grieve some particular subject I will not now examine it helpeth not to use defence neither booteth it to make complaint there is left no place for the one nor pitty for the other and therefore I referre it to the judgement of God and your lesse distempered considerations I accuse no man I blame no fortune I complaine of nothing I have no pleasure in such vaine and needlesse comforts and if I listed to have stood upon termes I know I have great favourers abroad and some friends I hope at home who would have beene ready yea forward on my behalfe to set up a bloudy and doubtfull warre but I esteeme not my dignity at so high a prize at the hazard of so great value the spilling of so much English bloud and the spoile wast of so flourishing a Realme as thereby might have beene occasioned Therefore that the Common-wealth may rather rise by my fall then I stand by the ruine thereof I willingly yeeld to your desires and am heere come to dispossesse my selfe to all publike authority and title and to make it free and lawfull for you to create for your King Henry Duke of Lancaster my Cousin Germaine whom I know to be as worthy to take that place as I see you willing to give it to him Then he read openly and distinctly the forme of his cession wherein he did declare that he had discharged his subjects from their oaths of fealty and homage all other oaths whatsoever and of his owne will and free motion did abdicate the title dignity and authority of a King and rendred up the possession of the Realm with the use and title thereof and all the rights thereunto appertaining To this the King subscribed and was sworne and then he delivered with his owne hands the Crowne the Scepter and the Robe to the Duke of Lancaster wishing unto him more happinesse therewith then had ever happened unto himselfe Then he did constitute the Archbishop of Yorke and the Bishop of Hereford his Procuratours to intimate and declare this his resignation to all the States of the Realme which should be assembled together in Parliament Lastly hee gave all his riches and goods to the summe of three hundred thousand pounds in coine besides his Iewels and plate for satisfaction of the injuries that hee had done desiring the Duke and all the rest that were present severally by their names not altogether to forget that he had beene their King nor yet too much to thinke upon the same but to retaine of him a moderate remembrance and in recompence of the case that he had done them by his voluntary yeelding to permit him to live safely in a private and obscure life with the swetnesse whereof he was so possessed that from thenceforth he would preferre it before any preferment in the World All this was delivered and done by the King with voyce and countenance so agreeable to his present heavinesse that there was no man too unmindefull of humane instability which was not in some measure moved thereat in so much as a few secret teares melted from the eyes of many that were present in whose minds a confused and obscure alteration gan to begin So prone and inclinable are men to pitty misery although they have procured it and to envy prospery even that which they have raised Vpon Munday next following the Parliament beganne at Wâ—stminster and the Archbishop of Yorke and the Bishop of Hereford the Kings Atturneies for this purpose declared openly to the States there assembled the Kings voluntary resignation and demanded whether they would assent and agree thereunto the Barons of the Realme by severall and particular consent the Commons with one generall voice did expresly accept and admit the same Then it was thought meet that certaine defects and misdemeanures concerning matters of government should bee objected against the King for which he should be adjudged as unworthy as hee seemed unwilling to retaine the Kingdome To this purpose certaine articles were engrossed and openly read in which was contained how unprofitable the King had beene to the Realme how unjust and grievous to the Subjects contrary both to his honour and to his oath The chiefest of which Articles are these that follow 1 FIrst that King Richard did wastfully spend the Tresure of the Realme and had given the possession of the Crowne to men unworthy by reason whereof new charges were dayly laid on the necks of the poore Comminalty 2 Item Where divers Lords as well Spirituall as Temporall were appointed by the High Court of Parliament to commune and treat of matters concerning the State of the Realme and the Common-wealth of the same they being busied about the same commission he with with others of his affinity went about to impeach them of treason 3 Item that by force and menace hee compelled the Justices of the Realme at Shrewsbury to condiscend to his opinion for the destruction of the said Lords Insomuch as he beganne to raise warre against Iohn Duke of Lancaster Thomas Earle of Arundel Richard Earle of Warwick and other Lords contrary to his honour and promise 4 Item that he caused his Vncle the Duke of Glocester to be arrested without law and sent him to Calis and there without judgement murthered him and although the Earle of Arundel upon his arraignement pleaded his charter of pardon he could not bee heard but was in most vile and shamefull manner sodainly put to death 5 Item he assembled certaine Lancashire and Cheshire men to the intent to make warre on the aforesaid Lords and suffered them
of Lancaster Grandfather to the King by the mothers side when he served in the wars of King Edward the third beyond the seas together with this Prophesie that the Kings which should bee annoynted therewith should bee the Champions of the Church Duke Henry delivered this oyle in a golden violl to Prince Edward the eldest sonne of King Edward the third who locked up the same in a barred Chest within the Tower with intent to be annoynted therewith when he should be crowned King but the Prince dying before his Father it remayned there either not remembred or not regarded untill this present yeare wherein the King being upon his voyage into Ireland and making diligent search for the Iewels and Monuments of his Progenitors found this Violl and Prophesie and understanding the secret was desirous to bee annoynted againe with that oyle but the Archbishop of Canterbury perswaded him that both the fact was unlawfull and the precedent unseen that a King should be annoynted twice whereupon he brake off that purpose and took the violl with him into Ireland and when he yeelded himselfe at Flint the Archbishop of Canterbury demanded it of him againe and did receive and reserve the same untill the coronation of King Henry who was the first King of this Realme that was annoynted therewith I am not purposed to discourse either of the authority or of the certainty of these prophesies but wee may easily observe that the greatest part of them either altogether fayled or were fulfilled in another sense then as they were commonly construed and taken During the raigne of King Henry the fourth execution by fire was first put in practise within this Realme for controversies in points of religion in any other extraordinary matter hee did as much make the Church Champion as shew himselfe a Champion of the Church but afterwards his successors were intitule Defendars of the faith and how in action they verified the same I refer to remembrance and report of later times Now it had beene considered that the title which was derived to King Henry from Edmund whom they surnamed Crouchbacke would be taken but for a blind and idle jest for that it was notorious that the said Edmund was neither eldest sonne to King Henry the third as it was plainely declared by an act of Parliament nor yet a mishapen and deformed person but a goodly Gentleman and valiant Commander in the field and so favoured of the King his Father that hee gave him both the heritages and honours of Simon Mountfort Earle of Leicester of Ferrare Earle of Darby and of Iohn Baron of Monmuth who to their owne ruine and destruction had displayed seditious ensignes against the King And further to advance him to the marriage of Blanch Queene of Naverne hee created him the first Earle of Lancaster and gave unto him the County Castle and Towne of Lancaster with the Forrests of Wiresdale Lounsdale New-castle beneath Linne the Manner Castle and Forrest of Pickering the Manner of Scaleby the Towne of Gomecester of Huntendone c. with many large priviledges and high titles of honour Therefore King Henry upon the day of his Coronation caused to bee proclaymed that hee claymed the kingdome of England first by right of conquest Secondly because King Richard had resigned his estate and designed him for his successour Lastly because hee was of the blood royall and next heyre male unto King Richard Haeres malus indeed quoth Edmund Mortimer Earle of March unto his secret friends and so is the Pyrate to the Merchant when hee despoyleth him of all that he hath This Edmund was sonne to Roger Mortimer who was not long before slaine in Ireland and had beene openly declared heyre apparent to the Crowne in case King Richard should dye without issue as descended by his Mother Philip from Lionell Duke of Clarence who was elder brother to Iohn Duke of Lancaster King Henries Father and therefore the said Edmund thought himselfe and indeed was neerer heyre male to the succession of the Crowne then hee that by colour of right clayming it carried it by dint of force But such was the condition of the time that hee supposed it was vaine for him to stirre where King Richard could not stand Whereupon hee dissembled either that hee saw his wrong or that hee regarded it and chose rather to suppresse his title for a time then by untimely opposing himselfe to have it oppressed and depressed for ever to this end hee withdrew himselfe farre from London to his Lordship of Wigmore in the West parts of the Realme and there setled himselfe to a private and close life Idlenesse and vacancy from publike affaires he accounted a vertue and a deepe point of wisdome to meddle with nothing whereof no man was chargeable to yeeld a reckoning In revenues hee was meane in apparell moderate in company and traine not excessive yet in all these honourable and according to his degree so that they which esteemed men by outward appearance only could see in him no great shew either of wit and courage in his mind to be feared or of wealth and honour in his estate to bee envied And thus whilest a greater enemy was feared hee passed unregarded making himselfe safe by contempt where nothing was so dangerous as a good opinion and taking up those coales in obscurity for a time which shortly after set all the Realme on fire King Henry presently after his coronation created his eldest sonne Lord Henry being then about xiii yeares of age Prince of Wales Duke of Cornewall and Earle of Chester and soone after he created him also Duke of Aquitaine Afterwards it was enacted by consent of all the states of the Realme assembled together in the Parliament that the inheritance of the Crownes and Realmes of England and of France and of all the Dominions to them appertaining should bee united and remaine in the person of King Henry and in the heires of his body lawfully begotten and that Prince Henry his eldest sonne should be his heyre apparant and successor in the premises and if hee should dye without lawfull issue then they were entayled to his other sonnes successively in order and to the heyres of their bodies lawfully begotten The inheritance of the Kingdome being in this sort setled in King Henry and in his line it was moved in the parliament what should be done with King Richard The Bishop of Caerliel who was a man learned and wise and one that alwayes used both liberty and constancy in a good cause in his secret judgement did never give allowance to these proceedings yet dissembled his dislike untill hee might to some purpose declare it therefore now being in place to be heard of all and by order of the house to be interrupted by none hee rose up and with a bold and present spirit uttered his mind as followeth This question right honourable Lords concerneth a matter of great consequence and weight the determining whereof will assuredly procure
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 Wisemâ—n will the Lord appearâ— unto them and a hard judgement shall they have The law of God commandeth that the Childe should bee put to death for any conâ—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 Lâ—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 Montacuâ—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 Richardâ— 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
their names were Iohn Holland Duke of Exeter of whom mention hath beene made before Thomas Holland his brothers Sonne Duke of Surrey Edward Duke of Aumerle Iohn Montacute Earle of Salisbury Hugh Spencer Earle of Glocester Iohn Bishop of Caerliele Sir Thomas Blunt and Magdalen one of King Richards Chappell who in all points both of feature and favour so neerly resembled King Richard that the Lords dissembled afterwards that hee was King Richard indeed These and some others were highly feasted by the Abbot and after dinner they withdrew themselves into a secret Chamber to counsaile here the Duke of Exceter who was most hotly bent either to restore or to revenge the cause of his deposed brother declared unto the rest the allegeance that they had sworne unto King Richard the honours and preferments whereunto they were by him advanced that therefore they were bound both in conscience by the one and in kindnesse by the other to take his part against all men that King Henry contrary to both had dispoyled him of his royall dignity and unjustly possessed himselfe thereof whilest they stood looking on and shewed neither the obedience of subjects nor love of friends as though they were men who knew to doe any thing better then to defend and if need were to dye for their lawfull Prince and loving Patron that King Henry by violent invading or fraudulent insinuating himselfe into the kingdom of his naturall liege Prince was but a tyrant usurper such aone as it was lawful for any man by any means to throw down without respect whether hee were a good man or evill for it is lawfull for no man upon pretence shew of goodnes to draw soveraignty unto himself that the laws examples of best governed common-wealths did not only permit this action but highly honored it with statues garlands title of Nobility also rewarded it with al the wealth of the suppressed tyrant that this enterprize would be very profitable almost necessary to the Common-wealth by extinguishing those wars which the Scots menaced the French-men prepared the Welshmen had already begun upon this occasion and quarrell that he did not distrust but it might be accomplished by open armes but he thought it more sure for them and for the Common-wealth more safe to put first in proofe some secret policy and to that purpose hee devisâ— that a solemne Iusts should bee challenged to be keept at Oxford in Christmasse holy-dayes betweene him and twenty on his part and the Earle of Salisbury and twenty on his part to which King Henry should be invited and when hee was most intentive in regarding their military disport hee should suddenly be surprised by men which without suspition might at that time bee assembled both for number and preparation sufficient for the exployt and thereby King Richard presently be restored both to his liberty and to his estate This devise was no sooner uttered then allowed and applauded of the rest of the confederates and so resolving upon the Enterprize they tooke an oath upon the Evangelists the one to bee true and secret to the other even to the houre and point of death the Lords also made an Indenture sextipartiâ—e wherein they bound themselves to doe their best assay for the death of the one King and deliverance of the other this they sealed and subscribed and delivered to every Lord a counter-pane of the same and further they concluded what forces should be gathered by whom how they should bee ordered placed and to whose trust the execution should be committed When all things were thus contrived and their hungry ambitious minds were well filled with the vain winds of hope and desire the Duke of Exeter came to the King at Windsore desired him for the love that he bare to the noble feats of Chevalry that hee would vouchsafe to honour with his presence the martiall exercise that was appointed betweene him and the Earle of Salisbury and to be the Iudge of their performances if any controversie should arise The King supposing that to be intended indeed which was pretended in show easily yeelded to his request The Duke supposing his purpose now halfe performed departed to his house and so did the other consederates where they busily bestirred themselves in raysing men and preparing horse and armour for the accomplishment of this act When the Dutchesse of Exceter K. Henries sister perceived the drift of the devise and saw that the Duke was upon his journey alas good Lady how was shee distracted in mind with a sharpe conflict of her conceipts one way she was moved wiâ—h nature towards her brother another way she was more strongly stirred with love towards her Lord and husband and both wayes she was divided in duty And what â—aid shee is this love then against nature or above it shall I bee undutifull to my Prince or is no duty comparable to the duty of a wife heigh ho in what perplexities wretched woman am I plunged to see my two dearest friends in this case of extremity that it is doubtfull which but certainely one must bee ruined by the other Herewith such a shower of teares streamed downe her cheekes that it drowned her speech and stopped the passage of further complaint which when the Duke espyed hee stepped unto her and seazing softly upon her hand used these words What Besse is it kindnesse to me or kindred to your brother that thus hath set your eyes on sloate Content your selfe woman for whatsoever the event shall bee it cannot bee evill to you nor worse to mee then now it is For if my purpose prevaile and my brother be restored againe to his Crowne both of us shall bee sure never to decline if it be prevented and your brother continue still in his estate no harme shall bee done unto you and I shall bee sure then of that destruction which I doe now continually dread the feare whereof in expecting is a greater torment then the paine in suffering When he had thus said hee kissed her and so leaving her to the torture of a thousand thorny thoughts hee tooke his journey towards Oxford with a great company both of Archers and Horsemen There hee found all the reâ—â— of his complices well armed and banded except only the Duke of Aumerle The King also hearing that both the Challengers and Defendants were in a readinesse determined the day following to ride to Oxford according to his promise and appointment Now the confederates much marvelled at the stay of the Duke of Aumerle some onely blamed his slacknesse others began to suspect it every man conjectured as he was diversly affected betweene confidence and feare and in this confusion of opinions they sent unto him in poste to know the certaine truth Before the Messenger came to the Duke he was departed from Westminster towards Oxford not the direct way but went first to see his Father the Duke of Yorke and carried with him the counterpane