Chapter 2

The duke of Surrie stood vp also against the lord Fitzwater, auouching that where he had said that the appellants were causers of the duke of Glocesters death, it was false, for they were constrained to sue the same appeale, in like manner as the said lord Fitzwater was compelled to giue iudgement against the duke of Glocester, and the earle of Arundell; so that the suing of the appeale was doone by constraint, and if he said contrarie he lied: and therewith he threw downe his hood. The lord Fitzwater answered herevnto, that he was not present in the parlement house, when iudgement was giuen against them, and all the lords bare witnesse thereof. Moreouer, where it was alledged that the duke of Aumarle should send two of his seruants to Calis, to murther the duke of Glocester, the said duke of Aumarle said, that if the duke of Norfolke affirme it, he lied falselie, and that he would proue with his bodie, throwing downe an other hood which he had borowed. The same was likewise deliuered to the constable and marshall of England, [Sidenote: _Fabian._] and the king licenced the duke of Norfolke to returne, that he might arraigne his appeale. After this was Iohn Hall condemned of treason by authoritie of the parlement, for that he had confessed himself to be one of them that put the duke of Glocester to death at Calis, and so on the mondaie following, [Sidenote: Iohn Hall executed.] he was drawne from the Tower to Tiburne, and there hanged, bowelled, headed, and quartered: his head being sent to Calis there to be set vp, where the duke was murthered.

[Sidenote: _Iohn Stow._ The request of the commons.] On Wednesdaie following, request was made by the commons, that sith king Richard had resigned, and was lawfullie deposed from his roiall dignitie, he might haue iudgement decréed against him, so as the realme were not troubled by him, and that the causes of his deposing might be published through the realme for satisfieng of the people: which demand was granted. [Sidenote: _Hall._ A bold bishop and a faithfull.] Wherevpon the bishop of Carleill, a man both learned, wise, and stout of stomach, boldlie shewed foorth his opinion concerning that demand; affirming that there was none amongst them woorthie or meet to giue iudgement vpon so noble a prince as king Richard was, whom they had taken for their souereigne and liege lord, by the space of two & twentie yeares and more; "And I assure you (said he) there is not so ranke a traitor, nor so errant a théef, nor yet so cruell a murtherer apprehended or deteined in prison for his offense, but he shall be brought before the iustice to heare his iudgement; and will ye procéed to the iudgement of an anointed king, hearing neither his answer nor excuse? I say, that the duke of Lancaster whom ye call king, hath more trespassed to K. Richard & his realme, than king Richard hath doone either to him, or vs: for it is manifest & well knowne, that the duke was banished the realme by K. Richard and his councell, and by the iudgement of his owne father, for the space of ten yeares, for what cause ye know, and yet without licence of king Richard, he is returned againe into the realme, and (that is woorse) hath taken vpon him the name, title, & preheminence of king, And therfore I say, that you haue doone manifest wrong, to procéed in anie thing against king Richard, without calling him openlie to his answer and defense." ¶ As soone as the bishop had ended this tale, he was attached by the earle marshall, and committed to ward in the abbei of saint Albons.

Moreouer, where the king had granted to the earle of Westmerland the countie of Richmond, [Sidenote: The duke of Britaine.] the duke of Britaine pretending a right thereto by an old title, had sent his letters ouer vnto the estates assembled in this parlement, offering to abide such order as the law would appoint in the like case to anie of the kings subiects. Wherevpon the commons for the more suertie of the intercourse of merchants, besought the king that the matter might be committed to the ordering of the councell of either of the parties, and of his counsell, so as an end might be had therein, which request was likewise granted. After this, the records of the last parlement were shewed, with the appeales, & the commission made to twelue persons, to determine things that were motioned in the same last parlement. Héerevpon the commons praied that they might haue iustice Markham, and maister Gascoigne a sergeant at the law ioined with them for counsell, touching the perusing of the records, which was granted them, and day giuen ouer till the next morrow in the White-hall, where they sat about these matters thrée daies togither.

On the morrow following, being the éeuen of Simon and Iude the apostles, [Sidenote: K. Richard appointed to be kept in perpetuall prison. _Hall._] the commons required to heare the iudgement of king Richard. Wherevpon the archbishop of Canturburie appointed to speake, declared how that the king that now is, had granted king Richard his life; but in such wise as he should remaine in perpetuall prison, so safelie kept, that neither the king nor realme should be troubled with him. It was also concluded, that if anie man went about to deliuer him, that then he should be the first that should die for it. After this, the commons praied that the lords and other that were of king Richards counsell, might be put to their answers for their sundrie misdemeanors, which was granted. On Wednesday following, being the morrow after the feast of Simon and Iude, all the processe of the parlement holden the 21 yéere of king Richards reigne was read openlie, [Sidenote: The earle of Warwike.] in which it was found, how the earle of Warwike had confessed himselfe guiltie of treason, and asked pardon and mercie for his offense: but the earle denied that euer he acknowledged anie such thing by woord of mouth, and that he would prooue in what manner soeuer should be to him appointed. Therein was also the appeale found of the dukes of Aumarle, Surrie, and Excester, the marquesse Dorset, the earles of Salisburie and Glocester; vnto the which ech of them answered by himselfe, that they neuer assented to that appeale of their owne frée wils, but were compelled thereto by the king: and this they affirmed by their othes, and offered to prooue it by what manner they should be appointed.

[Sidenote: Sir Walter Clopton.] Sir Walter Clopton said then to the commons; If ye will take aduantage of the processe of the last parlement, take it, and ye shall be receiued therevnto. Then rose vp the lord Morlie, and said to the earle of Salisburie, that he was chiefe of counsell with the duke of Glocester, and likewise with king Richard, & so discouered the dukes counsell to the king, as a traitor to his maister, and that he said he would with his bodie prooue against him, throwing downe his hood as a pledge. [Sidenote: The lord Morlie appeleth the earle of Salisburie.] The earle of Salisburie sore mooued héerewith, told the lord Morlie, that he falslie béelied him, for he was neuer traitor, nor false to his maister all his life time, and therewith threw downe his gloue to wage battell against the lord Morlie. Their gages were taken vp, and deliuered to the constable and marshall of England, and the parties were arrested, and day to them giuen till another time.

On Mondaie following, being the morrow after All soules day, the commons made request, that they might not be entred in the parlement rols, as parties to the iudgement giuen in this parlement, but there as in verie truth they were priuie to the same: for the iudgement otherwise belonged to the king, except where anie iudgment is giuen by statute enacted for the profit of the common-wealth, which request was granted. Diuers other petitions were presented on the behalfe of the commons, part whereof were granted, and to some there was none answere made at that time. Finallie, to auoid further inconuenience, and to qualifie the minds of the enuious, [Sidenote: Dukes and others depriued of their titles.] it was finallie enacted, that such as were appellants in the last parlement against the duke of Glocester and other, should in this wise following be ordred. The dukes of Aumarle, Surrie, and Excester there present, were iudged to loose their names of dukes, togither with the honors, titles and dignities therevnto belonging. The marquesse Dorset being likewise there present, was adiudged to lose his title and dignitie of marquesse; and the earle of Glocester being also present, was in semblable maner iudged to lose his name, title and dignitie of earle.

[Sidenote: _Tho. Walsi._] Moreouer, it was further decréed against them, that they and euerie of them should lose and forfeit all those castels, lordships, manors, lands, possessions, rents, seruices, liberties and reuenues, whatsoeuer had beene giuen to them, at or since the last parlement, belonging aforetime to any of those persons whom they had appealed, and all other their castels, manors, lordships, lands, possessions, rents, seruices, liberties, and reuenues whatsoeuer, which they held of the late kings gift, the daie of the arrest of the said duke of Glocester, or at any time after, should also remaine in the kings disposition from thencefoorth, and all letters patents and charters, which they or any of them had of the same names, castels, manors, lordships, lands, possessions, and liberties, should be surrendered vp into the chancerie, there to be cancelled. Diuerse other things were enacted in this parlement, to the preiudice of those high estates, to satisfie mens minds that were sore displeased with their dooings in the late kings daies, as now it manifestlie appéered. [Sidenote: The hatred which the cõmons had cõmitted against the appellãts.] For after it was vnderstood that they should be no further punished than as before is mentioned, great murmuring rose among the people against the king, the archbishop of Canturburie, the earle of Northumberland, and other of the councell, for sauing the liues of men whom the commons reputed most wicked, and not worthie in anie wise to liue. But the king thought it best, rather with courtesie to reconcile them, than by cutting them off by death to procure the hatred of their freends and alies, which were manie, and of no small power.

After that the foresaid iudgement was declared with protestation by sir William Thirning iustice, [Sidenote: The earle of Salisburie his request.] the earle of Salisburie came and made request, that he might haue his protestation entered against the lord Morlie, which lord Morlie rising vp from his seat, said, that so he might not haue; bicause in his first answer he made no protestation, and therefore he was past it now. The earle praied day of aduisement, but the lord Morlie praied that he might lose his aduantage, sith he had not entered sufficient plee against him. [Sidenote: Sir Mathew Gournie.] Then sir Matthew Gournie sitting vnderneath the king said to the earle of Salisburie, that forsomuch as at the first day in your answers, ye made no protestation at all, none is entered of record, and so you are past that aduantage: and therefore asked him if he would asked him if he would saie any other thing. [Sidenote: The earle of Salisburie mainprised.] Then the earle desired that he might put in mainprise, which was granted: and so the earle of Kent, sir Rafe Ferrers, sir Iohn Roch, & sir Iohn Draiton knights, mainprised the said earle bodie for bodie. For the lord Morlie all the lords and barons offred to vndertake, and to be suerties for him; but yet foure of them had their names entered, that is to saie, [Sidenote: The lord Morlie mainprised.] the lords Willoughbie, Beauchampe, Scales, and Berkelie: they had day till the fridaie after to make their libell.

[Sidenote: The lord Fitzwater.] After this came the lord Fitzwater, and praied to haue day and place to arreigne his appeale against the earle of Rutland. The king said he would send for the duke of Norffolke to returne home, and then vpon his returne he said he would proceed in that matter. Manie statutes were established in this parlement, as well concerning the whole bodie of the common-wealth (as by the booke thereof imprinted may appeare) as also concerning diuerse priuate persons then presentlie liuing, which partlie we haue touched, and partlie for doubt to be ouer-tedious, we doo omit. [Sidenote: The archb. of Canturburie restored to his sée.] But this among other is not to be forgotten that the archbishop of Canturburie was not onelie restored to his former dignitie, being remooued from it by king Richard, who had procured one Roger Walden to be placed therein (as before ye haue heard) but also the said Walden was established Bishop of London, wherewith he séemed well content.

[Sidenote: _Thom. Wals._] [Sidenote: _Hall._] Moreouer, the kings eldest sonne Henrie alreadie created (as heire to his father, and to the crowne) prince of Wales, duke of Cornewall, [Sidenote: The crowne intailed.] and earle of Chester, was also intituled duke of Aquitaine: and to auoid all titles, claimes, and ambiguities, there was an act made for the vniting of the crowne vnto king Henrie the fourth, and to the heires of his bodie lawfullie begotten, his foure sonnes, Henrie, Thomas, Iohn, and Humfrie, being named, as to whom the right should descend successiuelie by waie of intaile, in case where heires failed to any of them. By force of this act king Henrie thought himselfe firmelie set on a sure foundation, not néeding to feare any storme of aduerse fortune. But yet shortlie after he was put in danger to haue béene set besides the seat, by a conspiracie begun in the abbat of Westminsters house, which, had it not beene hindred, it is doubtfull whether the new king should haue inioied his roialtie, or the old king (now a prisoner) restored to his principalitie. But God (of whome the poet saith,

humana rotat Instar volu'cris pulueris acti Turbine celeri mobilis auræ)

had purposed a disappointment of their coniuration, and therefore no maruell though the issue of their labours were infortunat by their flattering hope.

But now to make an end with this parlement. After that things were concluded and granted, so as was thought to stand with the suertie of the king, and good quiet of the realme, the king granted a free pardon to all his subiects, those excepted that were at the murther of the duke of Glocester, and such as had committed wilfull murther, or rape, or were knowne to be notorious théeues. And those that were to take benefit by this pardon, were appointed to sue foorth the charters therof, betwixt that present and the feast of All saints next insuing, [Sidenote: _Tho. Walsi._] and so was this parlement dissolued. Immediatlie after, the king (according to an order taken in the same parlement, to giue to vnderstand vnto all princes and countries about him, by what title and occasion he had taken to him the kingdome) sent ambassadors vnto them to signifie the same. [Sidenote: Ambassadors sent to forren princes.] Into Rome were sent, Iohn Treneuant bishop of Hereford, sir Iohn Cheinie knight, & Iohn Cheinie esquier. Into France, master Walter Skirlow bishop of Durham, and Thomas Persie earle of Worcester. Into Spaine, Iohn Trenour bishop of saint Asaph, and sir William Parre knight. Into Almanie the bishop of Bangor, and two others.

[Sidenote: The castell of Warke taken by the Scots. Sir Thom. Greie.] The Scots in time of the late parlement, taking occasion of the absence of the northerne lords, and also by reason of great mortalitie that afflicted the northerne people that yeare, inuaded the borders, tooke the castell of Warke, that was assigned to the safe keeping of sir Thomas Greie knight, who then was at the parlement, as one of the knights of the shire, by meanes of whose absence, the enimies the sooner (as is to be thought) obteined their desire, and so kept that castell a certeine time, and finallie spoiled it, and ouerthrew it to the ground. Besides all this they did manie other mischeefes in the countrie, [Sidenote: The death of the duke of Norffolke.] to the vndooing of manie of the kings subiects. This yeare Thomas Mowbraie duke of Norffolke died in exile at Venice, whose death might haue béene worthilie bewailed of all the realme, [Sidenote: The duchesse of Glocester deceasseth.] if he had not béene consenting to the death of the duke of Glocester. The same yeare deceassed the duchesse of Glocester, thorough sorrow (as was thought) which she conceiued for the losse of hir sonne and heire the lord Humfrie, who being sent for foorth of Ireland (as before ye haue heard) was taken with the pestilence, and died by the waie.

[Sidenote: _Hall._] But now to speake of the conspiracie, which was contriued by the abbat of Westminster as chéefe instrument thereof. Ye shall vnderstand, [Sidenote: What mooued the abbat of Westminster to conspire against the king.] that this abbat (as it is reported) vpon a time heard king Henrie saie, when he was but earle of Derbie, and yoonge of yeares, that princes had too little, and religious men too much. He therefore doubting now, least if the king continued long in the estate, he would remooue the great beame that then greeued his eies, and pricked his conscience, became an instrument to search out the minds of the nobilitie, and to bring them to an assemblie and councell, where they might consult and commen togither, how to bring that to effect, which they earnestlie wished and desired; that was, the destruction of king Henrie, and the restoring of king Richard. For there were diuerse lords that shewed themselues outwardlie to fauor king Henrie, where they secretlie wished & sought his confusion. The abbat after he had felt the minds of sundrie of them, called to his house on a day in the terme time, all such lords & other persons which he either knew or thought to be as affectioned to king Richard, so enuious to the prosperitie of king Henrie, whose names were, Iohn Holland earle of Huntington late duke of Excester, [Sidenote: The lords that conspired against the duke.] Thomas Holland earle of Kent late duke of Surrie, Edward earle of Rutland late duke of Aumarle sonne to the duke of Yorke, Iohn Montacute earle of Salisburie, Hugh lord Spenser late earle of Glocester, Iohn the bishop of Carleill, sir Thomas Blunt, and Maudelen a priest one of king Richards chappell, a man as like him in stature and proportion in all lineaments of bodie, as vnlike in birth, dignitie, and conditions.

The abbat highlie feasted these lords, his speciall freends, and when they had well dined, they withdrew into a secret chamber, where they sat downe in councell, and after much talke & conference had about the bringing of their purpose to passe concerning the destruction of king Henrie, at length by the aduise of the earle of Huntington it was deuised, [Sidenote: A iusts deuised to be holden at Oxford.] that they should take vpon them a solemne iusts to be enterprised betweene him and 20 on his part, & the earle of Salisburie and 20 with him at Oxford, to the which triumph k. Henrie should be desired, & when he should be most busilie marking the martiall pastime, he suddenlie should be slaine and destroied, and so by that means king Richard, who as yet liued, might be restored to libertie, and haue his former estate & dignitie. It was further appointed, who should assemble the people, the number and persons which should accomplish and put in execution their deuised enterprise. Hervpon was an indenture sextipartite made, sealed with their seales, [Sidenote: An indenture sextipartite.] and signed with their hands, in the which each stood bound to other, to do their whole indeuour for the accomplishing of their purposed exploit. Moreouer, they sware on the holie euangelists to be true and secret each to other, euen to the houre and point of death.

[Sidenote: He is desired to come and see the iusts.] When all things were thus appointed, the earle of Huntington came to the king vnto Windsore, earnestlie requiring him, that hé would vouchsafe to be at Brentford on the daie appointed of their iustes, both to behold the same, and to be the discouerer and indifferent iudge (if anie ambiguitie should rise) of their couragious acts and dooings. The king being thus instantlie required of his brother in law, and nothing lesse imagining than that which was pretended, gentlie granted to fulfill his request. Which thing obteined, all the lords of the conspiracie departed home to their houses, as they noised it, to set armorers on worke about the trimming of their armour against the iusts, and to prepare all other furniture and things readie, as to such a high & solemne triumph apperteined. The earle of Huntington came to his house and raised men on euerie side, and prepared horsse and harness for his compassed purpose, and when he had all things readie, he departed towards Brenford, and at his comming thither, he found all his mates and confederates there, well appointed for their purpose, except the earle of Rutland, by whose follie their practised conspiracie was brought to light and disclosed to king Henrie. For this earle of Rutland departing before from Westminster to sée his father the duke of Yorke, as he sat at dinner, had his counterpane of the indenture of the confederacie in his bosome.

[Sidenote: The duke of Yorke taketh the indenture from his son.] The father espieing it, would néeds sée what it was: and though the sonne humblie denied to shew it, the father being more earnest to sée it, by force tooke it out of his bosome; and perceiuing the contents thereof, in a great rage caused his horsses to be sadled out of hand, and spitefullie reproouing his sonne of treason, for whome he was become suertie and mainpernour for his good abearing in open parlement, he incontinentlie mounted on horssebacke to ride towards Windsore to the king, to declare vnto him the malicious intent of his complices. The earle of Rutland séeing in what danger he stood, tooke his horsse and rode another waie to Windsore in post, so that he got thither before his father, and when he was alighted at the castell gate, [Sidenote: The earle of Rutland vttereth the whole conspiracie to the king.] he caused the gates to be shut, saieing that he must néeds deliuer the keies to the king. When he came before the kings presence, he kneeled downe on his knées, beséeching him of mercie and forgiuenesse, and declaring the whole matter vnto him in order as euerie thing had passed, obteined pardon. Therewith came his father, and being let in, deliuered the indenture which he had taken from his sonne, vnto the king, who thereby perceiuing his sonnes words to be true, changed his purpose for his going to Brenford, and dispatched messengers foorth to signifie vnto the earle of Northumberland his high constable, and to the earle of Westmerland his high marshall, and to other his assured freends, of all the doubtfull danger and perillous ieopardie.