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From Illustrations of Chaucer's England, edited by Dorothy Hughes, M.A.; Longmans, Green and Co.; 1919.



E. THE FALL OF RICHARD II.

38

[From the Chancellor’s Speech in Parliament, 1397. (French.) “Rolls of Parliament,” iii. 347.]

“He took for his theme the words of Ezekiel the Prophet, There shall be one King over all; alleging upon this various authorities of Holy Scripture that there shall be one King and one governor, and that by other manner no Kingdom can be governed. And that to the good government of any King three things are necessary — first, that 269 the King be puissant to govern, secondly that the laws whereby he should govern be justly kept and executed; thirdly that the subjects of the realm be duly obedient to the King and his laws. And by this cause, first so that Kings may be powerful to govern their subjects they have of right several privileges given to them, as ‘Regalies,’ Prerogatives, and many other rights annexed to the crown, which they are obliged in their coronation oath to guard and sustain. And these they may not alienate nor transfer to other use, so that if alienation be affirmed by oath, the law repeals such alienation, and releases the oath. . . .’

39

[Gower, “Confessio Amantis,” Book VII.]

What is a lond where men ben none?
What ben the men whiche are al one
Withoute a kinges governance?
What is a king in his ligance,
Wher that ther is no lawe in londe?
What is to take lawe on honde,
Bot if the jugges weren trewe?
These olde worldes with the newe
Who that wol take in evidence,
Ther mai he se thexperience,
What thing it is to kepe lawe,
Thurgh which the wronges ben withdrawe
And rihtwisnesse stant commended,
Whereof the regnes ben amended.
For wher the lawe mai comune
The lordes forth with the commune,
Ech hathhis propre duete;
And ek the kinges realte
Of both his worschipe under tongeth,
To his astat as it belongeth,
270 Which of his hihe worthinesse
Hath to governe riht wisnesse,
As he which schal the lawe guide,
And natheles upon som side
His pouer stant above the lawe,
To give both and to withdrawe
The forfe of a mannes lif;
But things which are excessif
Agein the lawe, he schal noght do
For love ne for hate also.
   The myhtes of a king ben grete
Bot yit a worthi king shal lete
Of wrong to don, al that he myhte;
For he which schal the people rhyte
It sit wel to his regalie
That he himself first justifie
Towardes god in his degre;
For his estat is elles fre
Toward alle othre in his persone
Save only to the god al one
Which wol himself a king chastise
Wher that non other mai suffise.
   So were it good to taken hiede
That first a king his oghne dede
Between the vertu and the vice
Redresce, and thanne of his justice
So sete in evene the balance
Towards othre in governance,
That to the povere and to the riche
Hise lawes myhten stonde liche,
He schal excepte no persone.
Bot for he mai not noght al him one
In sondri places do justice,
He schal of his real office
With wys consideracion
271 Ordeigne his deputacion
Of suche jugges as ben lerned,
So that his poeple be governed
Be hem that trewe ben and wise.
For if the lawe of covoitise
Be set upon a jugges hond,
Wo is the people of thilke lond,
For wrong mai noght himselven hyde:
But alles on that other side,
If lawe stonde with the riht,
The poeple is glad and stant upriht
Wher as the lawe is resonable
The comun poeple stant menable,
And if the laws torne amis,
The poeple also mistorned is.

40.

[Early in July, 1397, Richard felt strong enough to make his long-projected attack upon the Earls of Gloucester, Warwick, and Arundel; he alleged that new plots had been discovered in which they were concerned, and proceeded to arrest them. Gloucester was sent off at once to Calais; “Annales Ricardi”. (Latin.) September, 1397.]

In order that the King might carry out his designs, and take vengeance upon the said lords, he summoned all the estates of the realm to a Parliament . . . whereto he commanded all the lords who were his adherents to come with armed men and archers, as though to war, and they were about to proceed against his enemies.1 The King himself so that he might the more effectively carry out his infamous scheme, caused malefactors in excessive numbers to be gathered together from the county of Chester to guard his person, to whose protection he wholly committed 272 himself. And these men, being naturally fierce, were prepared to perpetrate any wickedness; so that their insolence increased to such an extent that they looked upon their King as their comrade, and held all others in contempt, even powerful lords. These men wee not drawn from the gentlemen of their country, but from the peasants, cobblers and other craftsmen; so it befell that they who at home had scarce been held worthy to take off their masters’ shoes, here considered themselves the peers and comrades of lords. Their importunity, haughtiness, and cruel boldness increased so greatly that afterwards, when travelling with the King through the country, they beat, wounded, and slew his faithful lieges with great cruelty, and plundered the people’s goods, paying nothing for their victuals. . . . Nor was it expedient for any to resist these evils and oppressions, for if anyone protested that the would complain to the King, he was mercilessly slain without delay. If any prepared to resist, a number of them fell upon him and overpowered him. . . . In truth their position became such that they dared not meet the least of men alone, but when they wanted to do evil, and take vengeance upon any one, they went in whole bands to attack him.





NOTES


1   Lancaster, Derby, and York were empowered to bring, between them, 600 men-at-arms and 1100 archers. (“Foedera,” ed. 1741, III, iv. 135.)

41.

[“Rolls of Parliament,” ii. 354. September, 1397. (French.)]

The commons entreat the King to consider how that it was formerly ordained that hose who should be put in the office of sergeant-at-arms should be chose of good, worthy, and sufficient persons, and such as would duly and honestly perform their office; and in a certain number. And now, because there is great outcry in divers districts that the number of such sergeants is excessive, that they do no know how to perform their office as they should, and are not persons noble and worthy of such estate, nor 273 for the King’s honour, but commit oppressions and excesses against the people by colour of their office — may it please our lord the King to be informed of the number and condition of such sergeants, and to appoint from them or others such persons as shall be able and sufficient, . . . for the King’s honour, and the quiet of the people.

42.

[The Parliament of 1397-8; “Rolls of Parliament,” iii. 349. 17 September, 1397. The King had secured the appointment of his agent, Sir John Bussy, as Speaker.]

The said Sir John Bussy . . . showed to the King, for the commons, how, in the Parliament held at Westminster on the first day of October, in the tenth year of the reign of our lord the King, Thomas, Duke of Gloucester and Richard, Earl of Arundel, traitors to the King and the realm, by false imagination and compassing caused to be made by a statute a commission directed to themselves and other persons nominated by them, to have the governance of the king and the realm, as well in the King’s household as without, and in his lordship beyond the sea, as is contained in the said commission. . . .

. . . Which commission, and the statute touching it seemed to the said commons to be prejudicial to the King and his crown, and usurpation of his prerogative and royal power. And the said Duke of Gloucester and Earl of Arundel sent a great personage, a peer of the realm, as messenger to our lord the King, who told him on their behalf that if he would not grant . . . the said commission and statute, he would be in great peril of his life; and thus both the commission and the statue touching it were made by constraint and compulsion, against the King’s will and pleasure. The commons begged the King that the commission and the statute . . . might be repealed in this present Parliament, and be utterly annulled, 274 as a thing done traitorously against his Regalie, his crown and his dignity.

Whereupon our lord the King, with the assent of all the lords spiritual and temporal, and the procurators of the clergy assembled in this present Parliament, and at the request of the commons, repealed and utterly annulled for ever the said statute in this point, and the commission. . . . And beyond this, the King, with the assent of all the said lords and commons, ordained . . . “that no such commission, or other like it, shall be ever henceforth pursued or made; and that any who in time to come shall secretly or openly . . . procure such a commission to be made, or use jurisdiction and power by virtue of such commission, and be duly convicted thereof in Parliament, shall be adjudged a traitor, and this for high treason committed against the King and his crown.”1





NOTES


1   Cf. Statutes, 21 Rich. II. c. 2.

43.

[Declaration of the Four Points of Treason; ibid, iii. 351. Statutes, 21 Rich. II, c. 3.]

. . . Also the King, with the assent of all the lords of Parliament . . . and the commons, ordained . . . that any who shall compass and purpose the King’s death, or to depose him, or to surrender his liege homage, or who shall raise the people and ride against him, to make war in his realm, and of this be duly attainted and convicted in Parliament shall be adjudged a traitor, for high treason against the crown; and shall forfeit for himself and his heirs all his lands tenements . . . and all other inheritance that he has . . . to the King and his heirs.

And that this statute shall extend and hold as well in the case of those who are adjudged or attainted of any of the four points of the said treasons in this Parliament, as 275 of those who shall be adjudged or attainted . . . in Parliament in time to come.

44.

[The pardons granted to the appellants of 1388 were expressly revoked. Then the commons proceeded to impeach the Archbishop of Canterbury, Arundel, who was banished; and the King‘s appellants brought their charges against the Earl of Arundel, who was immediately executed, and the Earl of Warwick, whose confession secured him sentence of imprisonment instead of death. When Gloucester was appealed, it was announced that he had died at Calais, and a confession made by him was produced, upon which sentence of treason was based. “Rolls of Parliament,” iii. 352.]

Our lord the King, at the request of the commons and with the assent of all the lords assembled in this Parliament, has ordained and established, that if any, of whatsoever estate or condition shall pursue, procure, or advise, to repeal or annul any judgments given against any persons adjudged in this Parliament, or any statute or ordinance made in the same Parliament, or any part of them in any manner, and this be duly proved in Parliament, that he shall be adjudged and have execution as a traitor to the King and realm.1





NOTES


1   Statutes, 21 Rich. II, c. 4. Extreme precautions were taken to secure this; at Westminster and again at Shrewsbury the lords were sworn on the Cross of Canterbury to uphold it, and similar declaration was obtained from the commons. On 29 September, Parliament was adjourned to meet at Shrewsbury on 28 January.

45.

[Gloucester’s Confession; “Rolls of Parliament,” iii. 378. Professor Tait has shown, in “Owens College Historical Essays,” 1902, that this was tampered with by Richard, being read to the Parliament in a brief and mutilated form.]

Thomas duk of Gloucestre, be the name Thomas of Wodestoke, the viii day of Septembre the yer of the Kyng 276 Richard on and twenty, in the Castel of Caleys be vertu of a Commission of the Kyng, as it is more pleynleche declared in the same Commission directyed to William Rikhill Justice, hathe iknowe and confessyd tofore the same William alle the matires and poynt iwrete in this grete roule annexid to this sedule the weche cedule and grete roule beth asselid undir the sele of the forseyd William. Ande the same day of Septembre alle the matires and pointz before iknowe and confessid be the foreseyd duk in the Castel of Caleys, the forssaide duk be his owne honde fully and pleynly iwrete delyverid it to the same William Rikhill in presence of Johan Lancastre and Johan Lovetot. And al that evere the forseyde William Rikhill dede touching thys matire, it was ido in the presence of the forseyde Johan and Johan, and in none other manere.

I Thomas of Wodestok the viii day of Septembre, the yeer of my Lord the Kyng on and twenty, be the vertue of a Commission of my Lord the King the same yeer direktid to William Rykhill Justice, the which is comprehendid more pleynly in the forseid Commission, knowleche, that I was on wyth steryng of other men to assente to the makyng of a Commission; in the which Commission I amonges other restreyned my lord of his freedom, and toke upon me amonge other power reall trewly naght knowing ne wyting that tyme that I dede ayens his estate ne his realte, as I dede after and do now. And for as much as I knew afterward that I hadde do wronge, and taken upon me more than me owght to do, I submettede me to my Lord, and cryed him mercy and grace, and yet do als lowlych and as mekely as any man may, and putte me heygh and lowe in his mercy and in his grace, as he that always hath ben ful of mercy and of grace to all other.

Also, in that tyme that I came armed into my lordes presence, and into his Palais, howsoever that I dede it for 277 drede of my lyf, I knowleche for certain that I dede evyll, and ayeyns his Regalie and his Estate; wherefor I submett me lowly and mekely into his mercy and to his grace.

Also, in that I toke my lordes lettres of his messagers and opened hem ayeyns his leve, I knowleche that I dede evyll: wherfor I putt me lowly in his grace.

Also, in that I sclaundred my lord, I knowleche that I dede evyll and wykkedly, in that, that I spake it unto hym in sclaunderouse wyse in audience of other folk. But by the wey that my sowle schall to, I ment none evyll therein. Nevertheles I wote and I knowleche that I dede evyll and unkunnyngelych: wherfor I submett me heghe and lowe in his grace.

Also, in that I among other communed for feer of my lyf to geve up myn hommage to my lord, I knowleche wel, that for certain that I among other communed and asked of certeins clercs, whethir that we myght yeve up our homage for drede of our lyves, or non; and whethir that we assentyd therto for to do it, trewlich and by my trowth I ne have now none full mynde therof, but I trowe rather ye than nay: wherfor I submett me heygh and lowe evermore in his grace.

Also, in that, that I was in place ther it was communed and spoken in manere of deposal of my liege loord trewly I knowleche wele, that we were assented therto for two days or three, and than we for to have done our homage and our oothes, and putt hem as heyly in hys estate as ever he was. But forsothe then I knowleche, that I dede untrewly and unkyndely as to hym that is my lyege loord, and hath bene so gode and kynde loord to me. Wherfor I beseche to hym noughtwythstondyng myn unkyndenesse, I beseche hym evermore of his mercy and of his grace, as lowly as any creature may besech it unto his lyege loord.

And as of any newe thyng or ordenannce that ever 278 I shuld have wyten or knowen, ordeyned or assentyd, pryve or apert, that schuld have bene ageyns my loordys estate, or his luste, or ony that longeth abowte hym, syth that day that I swore unto hym at Langeley on Goddys body; trewly, and be that oothe that I ther made, I never knew of gaderyng ayeyns hym, ne none other that longeth unto hym.

And as touching all this poyntes that I have made confession of tofore William Rykhill Justice, in the which I wot wele that I have offendyd my loord unkyndely and untrewly, as I have seyde befor how that I have in all this poyntes offendid hym, and done ayeyns hym; trewly, and as I wyll answere before Godd, it was my menyng and my wenyng for to have do the best for his persone and for his estate. Nevertheles I wote wel, and know wele nowe, that my dedes and my werchynges were ayeyns myn entente. Bot, be the wey that my sowle schall to, of this poyntes, and of all othir the which that I have done of neclygence and of unkunnyng, It was never myn entent, ne my wyll, ne my thoght, for to do thynge that schuld have bene distresse or harmyng ayeyns the salvation of my lyege loordy’s persone, as I wyll answer tofor Godd at the day of Jugement.

And therefor I beseche my lyege and souverayn loord the Kyng, that he wyll of his heygh grace and benyngnytee accepte me to his mercy and his grace, as I that putt my lyf, my body, and my goode holy at his wyll, as lowlych as mekelych as any creature kan do or may do to his lyege loord. Besechyng to his heygh lordeschipp, that he wyll, for the passion that God soffred for all mankynde, and the compassion that he hadde of his moder on the Cros, and the pytee that he hadde of Marye Maudeleyne, that he wyll vouchesauf for to have compassion and pytee; and to accepte me unto his mercy and to his grace, as he that hath ever bene ful of mercy and of grace to all 279 his lyeges, and to all other than that have noght bene so neygh unto hym as I have bene, thogh I be unworthy.

46.

[Ibid. iii. 357. The session of 1398, at Shrewsbury, 28 January. The King’s appellants recalled the events of the Merciless Parliament: —]

. . . Whereon the said appellants, considering the summons of the said Parliament to have been expressly against the rights of his person and royal estate, desiring to acquit themselves towards the King as his loyal lieges, entreated him, that the said Parliament might be annulled . . . and that all the judgments, ordinances, and statutes made and rendered therein . . . be annulled, revoked, repealed, and held for null, as thing done without the King’s authority, and against his will and liberty and the rights of his crown. . . . And also the commons prayed the King, . . . saying that their intent was to have entreated likewise. And upon this, the lords spiritual and temporal and the procurators of the clergy, severally examined, expressly assented, that the said Parliament, and all the statutes, judgments, ordinances, and all other matters done therein . . . be annulled and of no force and effect. . . .

And also, as well the lords spiritual and temporal and the procurators of the clergy, as the commons, were severally examined upon the aforesaid questions and the answers of the Justices. . . . The which questions, and the replies thereto were read and understood, and it was asked of all the estates of Parliament, what they thought of the aforesaid answers?

And they said that it seemed to them that the Justices gave their answers duly and loyally, as good and loyal lieges of the King were bound to do.

280

47.

[Ibid. iii. 368.]

Item . . . the commons of the realm, with the assent of the lords spiritual and temporal, granted the King the subsidy on wool, wool-fells, and leather for the term of his life. . . .1

(Ibid.) Item, the commons prayed the King, “since they have by them divers petitions . . . not yet read or answered, and also, many other matters have been moved in the King’s presence, the which for shortness of time cannot well be determined at present — that it may please him to commit to certain lords and others whom it shall please him, full power to examine, answer, and determine the aforesaid petitions and matters.” . . .

To the which prayer the King assented. And thereupon with the authority and consent of Parliament he assigned — [the dukes of Lancaster, York, Aumale, Surrey, and Exeter, the marquess of Dorset, the earls of March, Salisbury, Northumberland, Gloucester, Worcester, and Wiltshire, or six of them; and John Bussy, Henry Green, John Russel, Richard Chelmswyk, Robert Teye, and John Golafre, or three of them for the commons] to examine, answer, and fully determine, as well all the aforesaid petitions and the matters contained in them, as all other matters moved in the presence of the King, and all the dependences of matters undetermined, as shall seem best to them according to their good advice and discretion, by authority of Parliament.2





NOTES


1   Also a “fifteenth” and a “tenth,” and half a “fifteenth” and “tenth” for the coming year.

2   The Parliament was dismissed on 31 January.

281

48.

[The affair of Norfolk and Hereford. At Westminster, 22 September; “Rolls of Parliament,” ii. 353. (French.)]

. . . The commons rehearsing how that our lord the King, graciously considering that certain great persons named in the said commission made in the 10th year were innocent of malice, therefore pardoned them, and bore witness to their good report and bearing towards him in that case — therefore humbly prayed our lord the King that it might please him to consider, How that at the time when Thomas Duke of Gloucester, Richard Earl of Arundel, and Thomas Earl of Warwick, rose up and rode against him contrary to their allegiance, the said duke and earls would have ridden to seek our lord the King wherever he might be found within the realm, and to kill great number of his lieges, for the accomplishing of their evil purpose and intent, if they had not been hindered by the honourable persons of the King’s blood, Henry of Lancaster, Earl of Derby and Thomas Mowbray, Earl of Nottingham.1 Who, knowing and understanding that the deed of the said duke and earls was notoriously contrary to their allegiance and the estate of our lord the King and desiring to do their duty towards him, departed from the company of the said duke and earls and came to the King’s honourable presence. And because it is to the King’s honour to cherish good and worthy persons according to their merit and desert, that it might please him to hold especially commended the said Earls of Derby and Nottingham, and openly to declare in this present Parliament their estate, good name and fame, and loyal bearing.

Whereupon the King, sitting in his royal dignity in Parliament, answered — that this matter was better known to him than to any other; and he bore testimony . . . to 282 their good port and loyalty . . . and that he well knew that they loyally did their duty toward their King, and came to him as loyal lieges from the company of the said duke, and the Earls of Arundel and Warwick, and since have remained with him. . . . And he willed and granted that as well they as those who were in their company when the duke and earls . . . thus rode against him. . . should be utterly pardoned; without being impeached, molested, or grieved for the aforesaid cause at any time to come. And beyond this the King, with the assent and advice of all the lords of Parliament, and at the prayer of the commons, ordained that this declaration and grant should have force and virtue of a statute, and be held for a statute.





NOTES


1   Created Dukes of Hereford and Norfolk, 29 September.

49.

[At Shrewsbury, 30 January, ibid. iii. 360, 382.]

Be it remembered that Henry of Lancaster, Duke of Hereford came before our lord the King in his Parliament held at Shrewsbury, . . . bearing in his hand a schedule; and said to the King, that by his command he came into his honourable presence at Hawood, and after his coming there the King told him how he had heard that Thomas Mowbray, Duke of Norfolk, had spoken many dishonourable words in slander of his person; the which words as the King had heard, were addressed to the said Duke of Hereford. Whereupon the King charged the Duke, on his allegiance, loyally to repeat these words as they were said to him. The Duke of Hereford, not from malice, enmity or other cause, but solely to comply with the King’s command, as he was bound, wrote down the words in substance, in the said schedule so far as he had understood them and borne them in his memory. The which schedule the said Duke delivered to the King, with his protestation upon this, in the following terms: —

283

Making protestation, that I may add to or diminish all the matters herein . . . as I shall please, or need shall be, saving always the substance of my libel — Sire, in the month of December in the 21st year of your reign, as the Duke of Hereford was riding between Brentford and London, the Duke of Norfolk overtook him in great haste, and spoke with him upon divers matters, among which he said “We are in point to be undone!” And the Duke of Hereford asked, “Why?” He replied, that it was for the deed of Radcot Bridge. And the Duke of Hereford said “How should this be? for he pardoned us, and declared for us in the Parliament, saying that we have been good and loyal towards him”. The Duke of Norfolk replied, “Notwithstanding this, it will be done with us as it has been done with others before, for he would annul this record”. And the Duke of Hereford said that it would be great marvel, since the King has said it before the people, that afterwards he should have it annulled. The Duke of Norfolk said further, that it was a wondrous world and false, “For I know,” said he, “that if it had not been for some persons, my lord your father of Lancaster and you would have been seized or slain when you came to Windsor after the Parliament”. And he said that the Dukes of Aumale and Exeter, the Earl of Worcester and he were pledged that they would never agree to undo any lord without just and reasonable cause; and that the malice of this deed was in the Duke of Surrey, the Earl of Wiltshire, and the Earl of Salisbury, drawing to them the Earl of Gloucester; and they had sworn to undo other lords, namely the Dukes of Lancaster, Hereford, Aumale, and Exeter, the Marquis and he. Also the Duke of Norfolk said that they were of purpose to reverse the judgment of Earl Thomas of Lancaster, “and this would be disherison to you, and many others”. The Duke of Hereford replied “God forbid, for it would be great marvel if the King 284 should agree to that”; for he had made him, as he thought, such good cheer, and promised him to be good lord to him. And he himself knew well how that he had sworn by St. Edward to be good lord to him, and to all the others.

The Duke of Norfolk answered, saying that so had he done to him many times, on the Body of Christ, and in spite of that he did not trust him the better. And he said further, that the King was for drawing the Earl of March and others with the assent and purpose of the said four lords, to destroy those aforesaid. The Duke of Hereford answered, “If it be so, we can never trust him”. And the Duke of Norfolk replied “For certain, no; for although they may not accomplish their purpose at present, they will destroy us in our houses ten years hence”.

50.

[The matter led to a quarrel between the two dukes, and in the following March, Richard’s parliamentary committee referred the matter to a court of Chivalry, to be held at Windsor in April; this court appointed a day for the settlement of the dispute by combat, but on 16 September, as the duel was about to begin, Richard intervened, imposing sentence of banishment upon the dukes — Norfolk’s for life, Hereford‘s for ten — then six — years. “Annales Ricardi,” 1399. (Latin.)]

There were some flatterers who told the King that he deserved to be called a glorious conqueror, because thus without war, fire or slaughter of his commons, by his own wisdom he had crushed his mortal enemies; in that he had slain the Duke of Gloucester and the Earl of Arundel, and flung the rest into prison. (And these were of the mendicant orders, who offered this adulation in hope of advancement.) Spurred on by these falsehoods, he borrowed great sums of money from many lords and other persons, promising them faithfully by his Letters Patent that he would repay the money at an appointed time. But he never afterwards restored it. Soon after 285 Easter, he invented other almost incredible pretexts whereby he might injure his subjects yet more grievously, and exact great sums of money by fear of death. He charged the people of seventeen counties with having joined the Duke of Gloucester against him, wherefore he was prepared to raid them as his public enemies. And first he took security from them, as though he dared not enter them without an army unless first he had received surety that they would contrive no ill against him or his friends. Then he sent certain bishops, with other worshipful persons to these counties, to warn all spiritual and temporal lords, and those of the middle sort to submit to the King and confess that they had been traitors to him; whereas they had never harmed him by word or deed. By which pretext both clergy and laity were compelled to grant him insupportable sums of money, to recover his good will. And so this money required from different counties was called “Le Plesaunce,” because it was raised to please the King.1





NOTES


1   Richard kept the letters of obligation, but actually for the time remitted the payments.

51.

[“Rolls of Parliament,” iii. 372. (French.) John of Gaunt died on 3 February, 1399.]

Be it remembered that on Monday the 18th day of March in the 22nd year of the reign of our lord the King, at Westminster in the King’s presence, it was shown by the Chancellor of England, before many lords spiritual and temporal present there at the King’s command, how that after the judgment given against Henry Duke of Hereford at Coventry, by authority of Parliament, he had made suit to our lord the King by petition concerning divers matters . . .; and among other things especially, that in case any succession or heritage should descend to 286 him in his absence, for which he should do homage, he might by his attornies sue and have livery of such succession or heritage . . . and that his homage and fealty might be respited — as fully appears by the Letters Patent made thereon.

These letters having then been seen and diligently examined, with all the circumstances and dependencies thereof, it was found that they were plainly contrary to the judgments given at Coventry, because the Duke, after this judgment, was not a person able to have or accept the benefit of the said letters.

And therefore it was adjudged by our lord the King, and by [the Dukes of York, Aumale, and Exeter, the Marquis of Dorset, the Earls of Salisbury, Northumberland, Gloucester, Worcester, and Wiltshire] and John Bussy, Henry Green, John Russell, and Robert Teye, knights coming for the Parliament, having power for this by virtue and authority of Parliament, with the assent of the lords spiritual and temporal, that the said Letters Patent . . . be utterly revoked and annulled . . . and that the enrolment in the Chancery be cancelled.

52.

[News of Richard’s decision determined Lancaster to return at the first opportunity. On 29 May Richard left for Ireland, leaving the Duke of York as Regent in England. On 4 July Lancaster landed at Ravenspur, was rapidly joined by the northern lords, and marched on Bristol; before the end of July the Regent had abandoned resistance. Richard landed in Wales before the end of July, but became discourage, and fled to the North, where he remained until his submission to Lancaster on 29 August. “Rolls of Parliament,” iii. 416, translated from the Latin.]

Be it remembered that on Monday, the Feast of St. Michael, in the 23rd year of the reign of King Richard II, the lords spiritual and temporal and other considerable persons first deputed . . . to perform the following act, 287 being gathered at Westminster in the accustomed place of the Council, went into the presence of King Richard, then within the Tower of London, at about nine of the clock.

And when the Earl of Northumberland, in place of all those associated with him, had rehearsed how that the King at another time, at Conway in North Wales, being in his full liberty, promised the lord Thomas Archbishop of Canterbury, and the said Earl of Northumberland that he would resign and renounce the crown of England and France and his royal majesty, for the causes there admitted by him, touching his unfitness and insufficiency; and this in the best manner and form in which he could do so, as by the counsel of skilled person should be thought best to be ordained — The King readily replied that he was willing to carry out what he had formerly promised. He desired, however, to have speech with Henry Duke of Lancaster, and the aforesaid Bishop, his kinsmen, before he should fulfil his promise. And he asked for a copy of the resignation that he should make to be given him, so that he might in the meantime deliberate upon it. The copy having been given him, the Duke and the others returned to their lodging.

Afterwards, on the same day after dinner, the King greatly desiring the coming of the Duke of Lancaster, who tarried a long time, at length the Duke, and the aforesaid lords and others, and also the Archbishop of Canterbury, came into the King’s presence in the Tower, the lords Roos, Willoughby, and Abergavenny and many others being present.

After the King had spoken apart with the said Duke and the Archbishop, looking from one to the other with a cheerful countenance, as it seemed to those standing round, calling all those present to him, he said openly before them that he was ready to make renunciation and resignation according to his promise. And although, to avoid the 288 labour of such lengthy reading, he might, as he was told, have read the renunciation (that was contained in a parchment schedule) by deputy, the King, holding the schedule in his hand said at once willingly, so it seemed, and with cheerful looks, that he would read it himself. And he read it through distinctly, absolving his lieges, and making renunciation, oath, and declaration, as is fully contained in the said schedule, and signed it with his own hand.

And immediately he added thereto by his own words — that if it were in his power, the Duke of Hereford should succeed him. but because this in no wise depended upon his authority, as he said, he asked the said Archbishop of York and the Bishop of Hereford, whom he appointed as his procurators to declare and intimate his renunciation and resignation to all the estates of the realm, to declare to the people his intent and will in this matter. And in token of his intention, he thereupon drew from his finger the gold ring with his signet, and placed it on the Duke’s finger, desiring the same, as he affirmed, to be known to all estates.

And when this was done, mutual farewells having been taken, they left the Tower to return to their lodging.

On the morrow, to wit, Tuesday, the Feast of St. Jerome, in the Great Hall at Westminster, in a place honourably prepared for the holding of Parliament, the Archbishops of Canterbury and York, the Duke of Lancaster, and other lords spiritual and temporal being present, and a great multitude of the people of the realm being gathered there on account fo the Parliament, the Duke of Lancaster occupying his accustomed place, and the royal throne, prepared with cloth of gold, being vacant — the Archbishop of York . . . according to the King’s injunction, publicly declared the resignation to have been made by him, with the delivery of his seal, and caused the said resignation to be read in Latin and in English. . . .

289

[The estates and people being then asked whether they accepted the resignation, unanimously did so; the articles of accusation were read, and it was agreed that Richard should be formally deposed. Seven person were appointed to draw up a formal sentence of deposition, which was then read by the Bishop of St. Asaph.]

And forthwith, it being manifest from the foregoing that the realm of England . . . was vacant, Henry Duke of Lancaster, rising from his place and standing erect so that he might be seen by the people, signing himself with the cross on his forehead and breast, claimed the kingdom of England, the crown and all its members, in the mother tongue, in the following words: —

“In the name of Fadir, Son, and Holy Gost, I Henry of Lancastre, challenge this Rewme of Ynglond and the Corone with all the membres and the appurtenances als I yt am disendit be right lyne of the Blode comyng fro the gude lorde Kyng Henry therde, and thorghe that ryght that God of his grace hath sent me, with helpe of my kyn and of my Frendes to recover it; the whiche Rewme was in poynt to be undone for defaut of Governance and undoying of the gode lawes.”

After the which claim, the lords spiritual and temporal, and all the estates of the realm being asked generally and separately, What they thought of that claim? the said estates, and the whole people without delay or difficulty, unanimously consented that the Duke should reign over them.

[The Duke showed Richard’s signet to the assembled people, and was then led to the throne by the Archbishop of Canterbury, where he prayed for a short time. Both Archbishops then seated him upon the throne, amid loud acclamations, and the Archbishop gave a short address.]

And when the address was finished, the said lord King Henry, to set at rest the minds of his subjects, thereupon publicly said these words: — “Sires, I thank God and 290 yowe Spirituel and Temporal, and all the astates of the lond; and do yowe to wyte, it es noght my will that no man thynk it be waye of Conquest I wold disherit any man of his heritage, franches, or other ryghtes that hym aght to have, no put hym out of that that he has and has had by the gude lawes and custumes of the Rewme; except thos persons that has ben agan the gude purpose and the comune profyt of the Rewme.”

53.

[From the charges against Richard; “Rolls of Parliament,” iii. 424. (Latin.) There were thirty-three articles, those of a political character being mainly concerned with his proceeding in 1387 and 1397-98.]

Item, when the King asked and received many sums by way of loan from many lords and others of the realm, to be repaid at a certain term, notwithstanding that he had promised each individual from whom he received these loans, by his letters patent that he would repay them at the time appointed, he did not fulfil his promise, nor has satisfaction yet been made for the money, whence the creditors are greatly distressed. . . .

Item, whereas the King of England is able to live becomingly upon the issues of his realm and the estates belonging to the crown, without burdening his people, when that the realm be not charged with the expenses of war, the same King, although during almost the whole of his time there were truces between the realm of England and its enemies, not only gave away the greater part of his patrimony to unworthy persons, but on account of this every year charged his people with so many burdensome grants that they were sorely and excessively oppressed, to the impoverishment of his realm; not applying the money so raised to the common profit and advantage of his realm, but lavishly dissipating it upon is own 291 pomp, display, and vain glory. And great sums of money are still owing for provisions for his household, and for his other purchases, although he had wealth and treasure more than any of his predecessors within memory.

Item, being unwilling to protect and preserve the just laws and customs of the realm . . . frequently, from time to time, when the laws were declared and set forth to him by the Justices and others of his Council, and he should have done justice to those who sought it according to those laws — he said expressly, with harsh and insolent looks, that his laws were in his own mouth, and sometimes, within his breast; and that he alone could change or establish the laws of his realm. Deceived by which opinion, he would not allow justice to be done to many of his lieges, but compelled numbers of persons to desist from suing common right by threats and fear.

Item, after that certain statutes were established in his Parliament, which were binding until they should be especially repealed by the authority of another Parliament, the King, desiring to enjoy such liberty that no such statutes might restrain him . . . cunningly procured petition to be put forward in Parliament on behalf of the community of the realm, and to be granted him in general — that he might be as free as any of his predecessors; by colour of such petition and concession the King frequently caused and commanded many things to be done contrary to such statutes then unrepealed.

Item, although by statute and custom of the realm, upon the summons of Parliament the people of each county ought to be free to choose and depute knights for the county to be present in Parliament, set forth their grievances, and sue for remedy . . . yet, the more freely to carry out his rash designs, the King frequently commanded the sheriffs to cause certain persons nominated by himself to come to his Parliament; and the knights thus 292 favourable to him he could, and frequently did, induce, sometimes by fear, and divers threats, sometimes by gifts, to consent to measures prejudicial to the realm and excessively burdensome to the people; and especially he induced them to grant him the subsidy of wools for the term of his life, and another subsidy for a term of years, greatly oppressing the people.

Item . . . he unlawfully commanded that the sheriffs throughout the kingdom, should swear, beyond their ancient and accustomed oath, to obey all mandates under his signet, whenever they should be addressed to them; and in case . . . they should hear of any persons . . . saying or repeating in public or in private anything tending to the discredit or slander of his person, to arrest them . . . and cause them to be imprisoned . . . until they should have further command from the King; as may be found by record. . . .

Item, in many Great Councils, when the lords of the realm, Justices and others were charged faithfully to counsel the King in matters touching the estate of himself and the realm, the said lords, . . . when they gave counsel according to their discretion were often suddenly and so sharply rebuked and censured by him, that they dared not . . . speak the truth in giving their advice.

Item, the King was won almost continually to be so variable and dissembling in his words and writings, and so utterly contradictory, especially in writing to the Pope and to Kings, and other lords within and without the realm, and to his other subjects, that scarcely any living man, being acquainted with his ways, could or would trust him. Indeed, he was held so faithless and inconstant that it gave ground for scandal not only as to his own person, but to the whole realm, and especially among foreigners throughout the world who became aware of it.

293

54.

[The formal renunciation of allegiance addressed to Richard in the Tower by Sir W. Thirning; “Rolls of Parliament,” iii. 424.]

Sir it is welle knowe to yowe, that ther was a Parlement somond of all the States of the Reaume for to be at Westmynstre, and to begynne on the Tuesday in the morwe of the fest of St. Michall the Archaungell that was yesterday, by cause of the whiche somons, all the States of this Londe were ther gadyrd, the whiche States hole made the same persones that ben comen here to yowe nowe her Procuratours, and gafen hem full auctorite and power, and charged hem, for to say the wordes that we sall say to yowe in her name and on their behalve; that is to wytten, the Byshop of Seint Assa for Ersbishoppes and Byshoppes, the Abbot of Glastenbery for Abbotes and Priours, and all other men of Holy Chirche, Seculers and Rewelers; the Erle of Goucestre for Dukes and Erles; the Lord of Berkeley for Barones and Banerettes, Sir Thomas Irpyngham Chaumberleyn, for all the Bachileers and Commons of this long be southe; Sire Thomas Grey for all the Bachileers and Commons by North; and my felawe John Markham and me, for to come wyth hem for all thes States. And so, Sire, thes wordes and the doying that we sall say to yowe is not onlych our wordes, bot the wordes and the doynges of all the States of this lond and our charge and in her name. And heansered and sayd, that he wyst well that we wold noght say bot as we were charged. Sire, ye remembre yowe well, that on Moneday in the fest of Seint Michele the Archaungell, ryght here in this Chaumbre, and in what presence, ye renounsed and cessed of the State of Kyng, and of Lordesship and of all the Dignite and Wirsship that longed therto, and assoiled all your lieges of her ligeance, and obeisance that longed to yowe, uppe the fourme that is contened in the same Renunciation and 294 Cession, which ye redde your self by your mouth, and affermed it by youre othe and by your owne writyng. Opon whiche ye made and ordeyned your Procuratures the Ersbyshopp of York and the Bysshop of Hereford, for to notifie and declare in your name these renunciation and Cession at Westmynstre to all the States and all the people that was ther gadyrd by cause of the sommons forsayd; the which thus don yesterday by thes Lordes your Procuratures, and welle herde and understonden, thes Renunciation and Cession ware pleinelich and frelich accepted and fullich agreed by all the States and Poeple forseide. And over this Sire, at the instance of all thes States and Poeple ther ware certein articles of Defautes in your governance redde there; and tho well herd and pleinelich understonden to all the States forseide, hem thoght hem so trewe, and so notorie and knowen, that by the Causes and by mowe other as thei sayd, and havyng consideration to your owne wordes in your owne Renunciation and Cession, that ye were not worthy, no sufficeant ne able for to governe for your owne demerites, as it is more pleinerlych contened therin, hem thoght that was resonable and Cause for to depose yowe, and her Commissaries that thei made and ordeined, as it is of record ther, declared and decreed, and ajugged yowe for to be deposed and pryved, and in dede deposed yowe and pryved yowe of the State of Kyng, and of the Lordesship contened in the Renunciation and Cession forsayd, and of all the Dignite and Wyrsshipp, and of all the Administration that longed therto. And we, Procuratours to all thes States and Poeple forsayd, os we be charged by hem, and by hir autorite gyffen us, and in her name, yeld yowe upp, for all the State and Poeple forsayd, homage liege and feaute, and all Ligeance, and all other bondes, charges, and services that longe therto. And that non of all these States and People fro thys time forward ne bere yowe feyth, ne do yowe obeisance os to that Kynge.

295

And he anserd and seyd, That he loked not ther after; Bot he sayde, that after all this he hoped that is Cosyn wolde be goode Lord to hym.

55.

[The following are the opening stanzas of a poem addressed to Henry IV on his accession, by John Gower (“English Works,” ed. Macaulay, ii. 483).]

O worthi noble kyng, Henry the ferthe
In whom the glade fortune is befalle
The people to governe uppon this erthe,
God hath the chose in comfort of us alle;
The worschipe of this lond, which was doun falle,
Now stant upriht thurgh grace of thi goodnesse
Which every man is holde for to blesse.


The highe god of his justice allone
The right which longeth to thi regalie
Declared hath to stonde in thi persone,
And more than god may no man justifie,
Thi title is knowe uppon thin ancestrie,
The londes folk hath ek thy riht affermed;
So stant the regne of God and man confermed.


Ther is no man mai seie in other wise
That god himself ne hath thi riht declared,
Whereof the lond is boun to thi servise,
Which for difalte of helpe hath longe cared:1
But now the is no mannes herte spared
To love and serve and wirche thi plesance,
And al is this thrugh godes purveiance.








NOTES


1   Been troubled, distressed.

[FINIS]






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