Part 27
When the king had spent much monie in time of this parlement, he demanded a disme and a halfe of the cleargie, and a fiftéenth of the temporaltie. Finallie, a generall pardon was granted for all offenses to all the kings subiects (fiftie onelie excepted) whose names he would not by anie meanes expresse, but reserued them to his owne knowledge, that when anie of the nobilitie offended him, he might at his plesure name him to be one of the number excepted, and so kéepe them still within his danger. To the end that the ordinances, iudgements, and acts made, pronounced and established in this parlement, might be and abide in perpetuall strength and force, the king purchased the popes buls, in which were conteined greeuous censures and cursses, pronounced against all such as did by anie means go about to breake and violate the statutes in the same parlement ordeined. These buls were openlie published & read at Paules crosse in London, and in other the most publike places of the realme.
[Sidenote: Rightfull heires disherited.
_Polydor._
K. Richard his euill gouernment.]
Manie other things were doone in this parlement, to the displeasure of no small number of people; namelie, for that diuerse rightfull heires were disherited of their lands and liuings, by authoritie of the same parlement: with which wrongfull dooings the people were much offended, so that the king and those that were about him, and chéefe in councell, came into great infamie and slander. In déed the king after he had dispatched the duke of Glocester, and the other noblemen, was not a little glad, for that he knew them still readie to disappoint him in all his purposes; and therefore being now as it were carelesse, did not behaue himselfe (as some haue written) in such discréet order, as manie wished: but rather (as in time of prosperitie it often happeneth) he forgot himselfe, and began to rule by will more than by reason, threatning death to each one that obeied not his inordinate desires. By means whereof, the lords of the realme began to feare their owne estates, being in danger of his furious outrage, whome they tooke for a man destitute of sobrietie and wisedome, and therefore could not like of him, that so abused his authoritie.
[Sidenote: The duke of Hereford appealeth the duke of Norfolk of treson. _Thom. Wals._]
Herevpon there were sundrie of the nobles, that lamented these mischéefes, and speciallie shewed their greefes vnto such, by whose naughtie counsell they vnderstood the king to be misled; and this they did, to the end that they being about him, might either turne their copies, and giue him better counsell; or else he hauing knowledge what euill report went of him, might mend his maners misliked of his nobles. But all was in vaine, for so it fell out, that in this parlement holden at Shrewsburie, Henrie duke of Hereford accused Thomas Mowbraie duke of Norfolke, of certeine words which he should vtter in talke had betwixt them, as they rode togither latelie before betwixt London and Brainford, sounding highlie to the kings dishonor. And for further proofe thereof, he presented a supplication to the king, wherein he appealed the duke of Norfolke in field of battell, for a traitor, false and disloiall to the king, and enimie vnto the realme. This supplication was red before both the dukes, in presence of the king: which doone, the duke of Norfolke tooke vpon him to answer it, declaring that whatsoeuer the duke of Hereford had said against him other than well, he lied falselie like an vntrue knight as he was. And when the king asked of the duke of Hereford what he said to it: he taking his hood off his head, said; “My souereigne lord, euen as the supplication which I tooke you importeth, right so I saie for truth, that Thomas Mowbraie duke of Norfolke is a traitour, false and disloiall to your roiall maiestie, your crowne, and to all the states of your realme.”
[Sidenote: The duke of Surrie marshall and the duke of Aumarle constable of England.]
Then the duke of Norfolke being asked what he said to this, he answered: “Right déere lord, with your fauour that I make answer vnto your coosine here, I saie (your reuerence saued) that Henrie of Lancaster duke of Hereford, like a false and disloiall traitor as he is, dooth lie, in that he hath or shall say of me otherwise than well.” No |845| more said the king, we haue heard inough: and herewith commanded the duke of Surrie for that turne marshall of England, to arrest in his name the two dukes: the duke of Lancaster father to the duke of Hereford, the duke of Yorke the duke of Aumarle constable of England: and the duke of Surrie marshall of the realme vndertooke as pledges bodie for bodie for the duke of Hereford: but the duke of Northfolke was not suffered to put in pledges, and so vnder arrest was led vnto Windsor castell, and there garded with kéepers that were appointed to sée him safelie kept.
[Sidenote: The order of the procéeding in this appeale.]
Now after the dissoluing of the parlement at Shrewsburie, there was a daie appointed about six wéeks after, for the king to come vnto Windsor, to heare and to take some order betwixt the two dukes, which had thus appealed ech other. There was a great scaffold erected within the castell of Windsor for the king to sit with the lords and prelats of his realme: and so at the daie appointed, he with the said lords & prelats being come thither and set in their places, the duke of Hereford appellant, and the duke of Norfolke defendant, were sent for to come & appeare before the king, sitting there in his seat of iustice. And then began sir Iohn Bushie to speake for the king, declaring to the lords how they should vnderstand, that where the duke of Hereford had presented a supplication to the king, who was there set to minister iustice to all men that would demand the same, as apperteined to his roiall maiestie, he therefore would now heare what the parties could say one against an other, and withall the king commanded the dukes of Aumarle and Surrie, the one being constable, and the other marshall, to go vnto the two dukes, appellant and defendant, requiring them on his behalfe, to grow to some agréement: and for his part, he would be readie to pardon all that had beene said or doone amisse betwixt them, touching anie harme or dishonor to him or his realme: but they answered both assuredlie, that it was not possible to haue anie peace or agréement made betwixt them.
When he heard what they had answered, he commanded that they should be brought foorthwith before his presence, to heare what they would say. Herewith an herald in the kings name with lowd voice commanded the dukes to come before the king, either of them to shew his reason, or else to make peace togither without more delaie. When they were come before the king and lords, the king spake himselfe to them, willing them to agree, and make peace togither: “for it is (said he) the best waie ye can take.” The duke of Norfolke with due reuerence herevnto answered it could not be so brought to passe, his honor saued. Then the king asked of the duke of Hereford, “what it was that he demanded of the duke of Norfolke, and what is the matter that ye can not make peace togither and become friends?”
[Sidenote: The obiection against the duke of Norfolke.]
Then stood foorth a knight; who asking and obteining licence to speake for the duke of Hereford, said; “Right deare and souereigne lord, here is Henrie of Lancaster duke of Hereford and earle of Derbie, who saith, and I for him likewise say, that Thomas Mowbraie duke of Norfolke is a false and disloiall traitor to you and your roiall maiestie, and to your whole realme: and likewise the duke of Hereford saith and I for him, that Thomas Mowbraie duke of Norfolke hath receiued eight thousand nobles to pay the souldiers that keepe your towne of Calis, which he hath not doone as he ought: and furthermore the said duke of Norfolke hath béene the occasion of all the treason that hath beene contriued in your realme for the space of these eighteene yeares, & by his false suggestions and malicious counsell, he hath caused to die and to be murthered your right déere vncle, the duke of Glocester, sonne to king Edward. Moreouer, the duke of Hereford saith, and I for him, that he will proue this with his bodie against the bodie of the said duke of Norfolke within lists.” The king herewith waxed angrie, and asked the duke of Hereford, if these were his words, who answered: “Right déere lord, they are my woords; and hereof I require right, and the battell against him.”
There was a knight also that asked licence to speake for the duke of Norfolke, and obteining, it began to answer thus: “Right déere souereigne lord, here is Thomas Mowbraie duke of Norfolke, who answereth and saith, and I for him, that all which Henrie |846| of Lancaster hath said and declared (sauing the reuerence due to the king and his councell) is a lie; and the said Henrie of Lancaster hath falselie and wickedlie lied as a false and disloiall knight, and both hath béene, and is a traitor against you, your crowne, roiall maiestie, & realme. This will I proue and defend as becommeth a loiall knight to doo with my bodie against his: right déere lord, I beséech you therefore, and your councell, that it maie please you in your roiall discretion, to consider and marke, what Henrie of Lancaster duke of Hereford, such a one as he is, hath said.”
[Sidenote: The duke of Norfolke his answer for himselfe.]
The king then demanded of the duke of Norfolke, if these were his woords, and whether he had anie more to saie. The duke of Norfolke then answered for himselfe: “Right déere sir, true it is, that I haue receiued so much gold to paie your people of the towne of Calis; which I haue doone, and I doo auouch that your towne of Calis is as well kept at your commandement as euer it was at anie time before, and that there neuer hath béene by anie of Calis anie complaint made vnto you of me. Right deere and my souereigne lord, for the voiage that I made into France, about your marriage, I neuer receiued either gold or siluer of you, nor yet for the voiage that the duke of Aumarle & I made into Almane, where we spent great treasure: Marie true it is, that once I laid an ambush to haue slaine the duke of Lancaster, that there sitteth: but neuerthelesse he hath pardoned me thereof, and there was good peace made betwixt vs, for the which I yéeld him hartie thankes. This is that which I haue to answer, and I am readie to defend my selfe against mine aduersarie; I beseech you therefore of right, and to haue the battell against him in vpright iudgement.”
[Sidenote: The combat appointed to be doone at Couentrie. The French pamphlet. _Iohn Stow. Fabian._]
After this, when the king had communed with his councell a little, he commanded the two dukes to stand foorth, that their answers might be heard. The K. then caused them once againe to be asked, if they would agrée and make peace togither, but they both flatlie answered that they would not: and withall the duke of Hereford cast downe his gage, and the duke of Norfolke tooke it vp. The king perceiuing this demeanor betwixt them, sware by saint Iohn Baptist, that he would neuer séeke to make peace betwixt them againe. And therfore sir Iohn Bushie in name of the king & his councell declared, that the king and his councell had commanded and ordeined, that they should haue a daie of battell appointed them at Couentrie. ¶ Here writers disagrée about the daie that was appointed: for some saie, it was vpon a mondaie in August; other vpon saint Lamberts daie, being the seuenteenth of September, other on the eleuenth of September; but true it is, that the king assigned them not onlie the daie, but also appointed them listes and place for the combat, and therevpon great preparation was made, as to such a matter apperteined.
[Sidenote: An. Reg. 22.]
At the time appointed the king came to Couentrie, where the two dukes were readie, according to the order prescribed therein, comming thither in great arraie, accompanied with the lords and gentlemen of their linages. The king caused a sumptuous scaffold or theater, and roiall listes there to be erected and prepared. The sundaie before they should fight, after dinner the duke of Hereford came to the king (being lodged about a quarter of a mile without the towne in a tower that belonged to sir William Bagot) to take his leaue of him. The morow after, being the daie appointed for the combat, about the spring of the daie, came the duke of Norfolke to the court to take leaue likewise of the king. The duke of Hereford armed him in his tent, that was set vp néere to the lists, and the duke of Norfolke put on his armor, betwixt the gate & the barrier of the towne, in a beautifull house, hauing a faire perclois of wood towards the gate, that none might sée what was doone within the house.
[Sidenote: The order of the combat.]
The duke of Aumarle that daie, being high constable of England, and the duke of Surrie marshall, placed themselues betwixt them, well armed and appointed; and when they saw their time, they first entered into the listes with a great companie of men apparelled in silke sendall, imbrodered with siluer, both richlie and curiouslie, euerie man hauing a tipped staffe to keepe the field in order. About the houre of prime came to |847| the barriers of the listes, the duke of Hereford, mounted on a white courser, barded with gréene & blew veluet imbrodered sumptuouslie with swans and antelops of goldsmiths woorke, armed at all points. The constable and marshall came to the barriers, demanding of him what he was, he answered; “I am Henrie of Lancaster duke of Hereford, which am come hither to doo mine indeuor against Thomas Mowbraie duke of Norfolke, as a traitor vntrue to God, the king, his realme, and me.” Then incontinentlie he sware vpon the holie euangelists, that his quarrell was true and iust, and vpon that point he required to enter the lists. Then he put vp his sword, which before he held naked in his hand, and putting downe his visor, made a crosse on his horsse, and with speare in hand, entered into the lists, and descended from his horsse, and set him downe in a chaire of gréene veluet, at the one end of the lists, and there reposed himselfe, abiding the comming of his aduersarie.
Soone after him, entred into the field with great triumph, king Richard accompanied with all the péeres of the realme, and in his companie was the earle of saint Paule, which was come out of France in post to see this challenge performed. The king had there aboue ten thousand men in armour, least some fraie or tumult might arise amongst his nobles, by quarelling or partaking. When the king was set in his seat, which was richlie hanged and adorned; a king at armes made open proclamation, prohibiting all men in the name of the king, and of the high constable and marshall, to enterprise or attempt to approch or touch any part of the lists vpon paine of death, except such as were appointed to order or marshall the field. The proclamation ended, an other herald cried; “Behold here Henrie of Lancaster duke of Hereford appellant, which is entred into the lists roiall to doo his deuoir against Thomas Mowbraie duke of Norfolke defendant, vpon paine to be found false and recreant.”
The duke of Norfolke houered on horssebacke at the entrie of the lists, his horse being barded with crimosen veluet, imbrodered richlie with lions of siluer and mulberie trées; and when he had made his oth before the constable and marshall that his quarrell was iust and true, he entred the field manfullie, saieng alowd: “God aid him that hath the right,” and then he departed from his horsse, & sate him downe in his chaire which was of crimosen veluet, courtined about with white and red damaske. The lord marshall viewed their speares, to see that they were of equall length, and deliuered the one speare himselfe to the duke of Hereford, and sent the other vnto the duke of Norfolke by a knight. Then the herald proclamed that the trauerses & chaires of the champions should be remooued, commanding them on the kings behalfe to mount on horssebacke, & addresse themselues to the battell and combat.
[Sidenote: The combat staied by the king.
The king his dome betwixt the two dukes.]
The duke of Hereford was quicklie horssed, and closed his bauier, and cast his speare into the rest, and when the trumpet sounded set forward couragiouslie towards his enimie six or seuen pases. The duke of Norfolke was not fullie set forward, when the king cast down his warder, and the heralds cried, Ho, ho. Then the king caused their speares to be taken from them, and commanded them to repaire againe to their chaires, where they remained two long houres, while the king and his councell deliberatlie consulted what order was best to be had in so weightie a cause. Finallie, after they had deuised and fullie determined what should be doone therein, the heralds cried silence and sir Iohn Bushie the kings secretarie read the sentence and determination of the king and his councell, in a long roll, the effect wherof was, that Henrie duke of Hereford should within fifteene daies depart out of the realme, and not to returne before the terme of ten yeares were expired, except by the king he should be repealed againe, and this vpon paine of death; and that Thomas Mowbraie duke of Norfolke, bicause he had sowen sedition in the relme by his words, should likewise auoid the realme, and neuer to returne againe into England, nor approch the borders or confines thereof vpon paine of death; and that the king would staie the profits of his lands, till he had leuied thereof |848| such summes of monie as the duke had taken vp of the kings treasuror for the wages of the garrison of Calis, which were still vnpaid.
[Sidenote: The duke of Hereford beloued of the people.]
When these iudgements were once read, the king called before him both the parties, and made them to sweare that the one should neuer come in place where the other was, willinglie; nor kéepe any companie to gither in any forren region; which oth they both receiued humblie, and so went their waies. The duke of Norfolke departed sorowfullie out of the realme into Almanie, and at the last came to Venice, where he for thought and melancholie deceassed: for he was in hope (as writers record) that he should haue béene borne out in the matter by the king, which when it fell out otherwise, it greeued him not a little. The duke of Hereford tooke his leaue of the king at Eltham, who there released foure yeares of his banishment: so he tooke his iornie ouer into Calis, and from thence went into France, where he remained. ¶ A woonder it was to sée what number of people ran after him in euerie towne and stréet where he came, before he tooke the sea, lamenting and bewailing his departure, as who would saie, that when he departed, the onelie shield, defense and comfort of the commonwealth was vaded and gone.
[Sidenote: The duke of Hereford is honorablie interteined with the French king.
_Froissard._]
At his comming into France, king Charles hearing the cause of his banishment (which he esteemed to be verie light) receiued him gentlie, and him honorablie interteined, in so much that he had by fauour obteined in mariage the onelie daughter of the duke of Berrie, vncle to the French king, if king Richard had not béene a let in that matter, who being thereof certified, sent the earle of Salisburie with all speed into France, both to surmize by vntrue suggestion, heinous offenses against him, and also to require the French king that in no wise he would suffer his cousine to be matched in mariage with him that was so manifest an offendor. This was a pestilent kind of proceeding against that nobleman then being in a forren countrie, hauing béene so honorablie receiued as he was at his entrance into France, and vpon view and good liking of his behauiour there, so forward in mariage with a ladie of noble linage. So sharpe, so seuere, & so heinous an accusation, brought to a strange king from a naturall prince, against his subiect, after punishment inflicted (for he was banished) was inough to haue made the French king his fatall fo, & vpon suspicion of assaieng the like trecherie against him, to haue throwne him out of the limits of his land. But what will enuie leaue vnattempted, where it is once setled? And how are the malicious tormented with egernes of reuenge against them whom they maligne, wringing themselues in the meane time with inward pangs gnawing them at the hart? wherevnto serueth the poets allusion,
[Sidenote: _Hor. lib. epist. 1._]
Inuidia Siculi non inuenêre tyranni Maius tormentum.
[Sidenote: 1399.]
On Newyeares day this yeare, the riuer that passeth betwixt Suelleston or Snelston, and Harewood, two villages not far from Bedford, sudenlie ceassed his course, so as the chanell remained drie by the space of thrée miles, that any man might enter into, and passe the same drie foot at his pleasure. This diuision, which the water made in that place, the one part séeming as it were not to come néere to the other, was iudged to signifie the reuolting of the subiects of this land from their naturall prince. It may be, that the water of that riuer sanke into the ground, and by some secret passage or chanell tooke course till it came to the place where it might rise againe as in other places is likewise séene.
[Sidenote: _Fabian._
Blanke charters.]
Ye haue heard before, how the archbishop of Canturburie Thomas Arundell, was banisht the relme, and Roger Walden was made archbishop of that sée, who was a great fauourer of the citie of London, the which was eftsoones about this season fallen into the kings displeasure: but by the diligent labour of this archbishop, and of Robert Braibrooke then bishop of London, vpon the humble supplication of the citizens, the kings wrath was pacified. But yet to content the kings mind, manie blanke charters were deuised, and brought into the citie, which manie of the substantiall and wealthie citizens were faine to |849| seale, to their great charge, as in the end appeared. And the like charters were sent abroad into all shires within the realme, whereby great grudge and murmuring arose among the people: for when they were so sealed, the kings officers wrote in the same what liked them, as well for charging the parties with paiment of monie, as otherwise.
[Sidenote: The death of the duke of Lancaster.
_Tho. Walsi._]
In this meane time, the duke of Lancaster departed out of this life at the bishop of Elies place in Holborne, and lieth buried in the cathedrall church of saint Paule in London, on the northside of the high altar, by the ladie Blanch his first wife. The death of this duke gaue occasion of increasing more hatred in the people of this realme toward the king, for he seized into his hands all the goods that belonged to him, and also receiued all the rents and reuenues of his lands which ought to haue descended vnto the duke of Hereford by lawfull inheritance, in reuoking his letters patents, which he had granted to him before, by vertue wherof he might make his attorneis generall to sue liuerie for him, of any maner of inheritances or possessions that might from thencefoorth fall vnto him, and that his homage might be respited, with making reasonable fine: whereby it was euident, that the king meant his vtter vndooing.