Part 30

2 Item, that he caused his vncle the duke of Glocester to be arrested without law and sent him to Calis, and there without iudgement murthered him, and although the earle of Arundell vpon his arreignment pleaded his charter of pardon, he could not be heard, but was in most vile and shamefull manner suddenlie put to death.

3 Item, he assembled certeine Lancashire and Cheshire men, to the intent to make warre on the same lords, and suffered them to rob and pill, without correction or repréeue.

4 Item, although the king flateringlie, and with great dissimulation, made proclamation through out the realme, that the lords before named were not attached of anie crime of treason, but onlie for extortions and oppressions doone in this realme; yet he laid to them in the parlement, rebellion and manifest treason.

5 Item, he hath compelled diuers of the said lords seruants and friends, by menaces & extreme pains, to make great fines to their vtter vndooing; and notwithstanding his pardon, yet he made them fine anew. |860|

6 Item, where diuerse were appointed to commune of the state of the realme, and the commonwealth thereof, the same king caused all the rols and records to be kept from them, contrarie to promise made in the parlement, to his open dishonor.

7 Item, he vncharitablie commanded, that no man vpon paine of losse of life, and goods, should once intreat him for the returne of Henrie now duke of Lancaster.

8 Item, where this realme is holden of God, and not of the pope or other prince, the said king Richard, after he had obteined diuerse acts of parlement, for his owne peculiar profit and pleasure, then he obteined bulles and extreame censures from Rome, to compell all men streightlie to kéepe the same, contrarie to the honour and ancient priuileges of this realme.

9 Item, although the duke of Lancaster had doone his deuoire against Thomas duke of Norfolke in proofe of his quarrell; yet the said king, without reason or ground, banished him the realme for ten yeers, contrarie to all equitie.

10 Item, before the dukes departure, he vnder his broad seale licenced him to make atturnies to prosecute and defend his causes: the said king after his departure, would suffer none atturnie to appeare for him, but did with his at his pleasure.

11 Item, the same king put out diuerse shiriffes lawfullie elected, and put in their roomes diuerse other of his owne, subuerting the law, contrarie to his oth and honor.

12 Item, he borowed great summes of monie, and bound him vnder his letters patents, for the repaiment of the same, and yet not one penie paid.

13 Item, he taxed men at the will of him and his vnhappie councell, and the same treasure spent in follie, not paieng poore men for their vittels and viands.

14 Item, he said, that the lawes of the realme were in his head, and sometimes in his brest, by reason of which fantasticall opinion, he destroied noble men, and impouerished the poore commons.

15 Item, the parlement setting and enacting diuerse notable statutes, for the profit and aduancement of the common-wealth, he by his priuie fréends and solicitors caused to be enacted, that no act then enacted, should be more preiudiciall to him, than it was to anie of his predecessors: through which prouiso he did often as he listed, and not as the law did meane.

16 Item, for to serue his purpose, he would suffer the shiriffes of the shire to remaine aboue one yeare or two.

17 Item, at the summons of the parlement, when knights and burgesses should be elected, that the election had béene full procéeded, he put out diuerse persons elect, and put other in their places, to serue his will and appetite.

18 Item, he had priuie espials in euerie shire, to heare who had of him anie communication; and if he communed of his lasciuious liuing, or outragious dooings, he straightwaies was apprehended, and put to a gréeuous fine.

19 Item, the spiritualtie alledged against him, that he at his going into Ireland, exacted manie notable summes of monie, beside plate and iewels, without law or custome, contrarie to his oth taken at his coronation.

20 Item, where diuerse lords and iustices were sworne to saie the truth of diuerse things to them committed in charge, both for the honor of the relme, and profit of the king, the said king so menaced them with sore threatenings, that no man would or durst saie the right.

21 Item, that without the assent of the nobilitie, he carried the iewels, plate, and treasure, ouer into Ireland, to the great impouerishment of the realme: and all the good records for the common wealth, and against his extortions, he caused priuilie to be imbessled, and conueied awaie.

22 Item, in all leagues and letters to be concluded or sent to the sée of Rome, or other regions, his writing was so subtill and darke, that none other prince once beléeued him, nor yet his owne subiects. |861|

23 Item, he most tyrannouslie and vnprincelie said, that the liues and goods of all his subiects were in his hands, and at his disposition.

24 Item, that contrarie to the great charter of England, he caused diuerse lustie men to appeale diuerse old men, vpon matters determinable at the common law in the court Martiall, bicause that there is no triall, but onelie by battell: wherevpon, the said aged persons, fearing the sequele of the matter, submitted themselues to his mercie, whome he fined and ransomed vnreasonablie at his will and pleasure.

25 Item, he craftilie deuised certeine priuie othes, contrarie to the law, and caused diuerse of his subiects first to be sworne to obserue the same, and after bound them in bonds for kéeping of the same, to the great vndooing of manie honest men.

26 Item, where the chancellor, according to the law, would in no wise grant a prohibition to a certeine person, the king granted it vnto the same, vnder his priuie seale, with great threatenings, if it should be disobeied.

27 Item, he banished the bishop of Canturburie without cause or iudgement, and kept him in the parlement chamber with men of armes.

28 Item, the bishops goods he granted to his successor, vpon condition, that he should mainteine all his statutes made at Shrewesburie anno 21, and the statutes made anno 22 at Couentrie.

29 Item, vpon the accusation of the said bishop, the king craftilie persuaded him to make no answer for he would be his warrant, and advised him not to come to the parlement, and so without answer he was condemned and exiled, and his goods seized.

These be all the articles of anie effect, which were laid against him, sauing foure other, which touched onelie the archbishops matter, whose working wroong king Richard at length from his crowne. Then for so much as these articles, and other heinous and detestable accusations were laid against him in open parlement, it was thought by the most part, that he was worthie to be deposed from all kinglie honor and princelie gouernement: and to bring the matter without slander the better to passe, diuerse of the kings seruants, which by licence had accesse to his person, comforted him (being with sorrow almost consumed, and in manner halfe dead) in the best wise they could, exhorting him to regard his health, and saue his life.

[Sidenote: The king is persuaded to resigne the crowne to the duke.

_Fabian._]

And first, they aduised him willinglie to suffer himselfe to be deposed, and to resigne his right of his owne accord, so that the duke of Lancaster might without murther or battell obteine the scepter and diademe, after which (they well perceiued) he gaped: by meane whereof they thought he might be in perfect assurance of his life long to continue. Whether this their persuasion procéeded by the suborning of the duke of Lancaster and his fauourers, or of a sincere affection which they bare to the king, as supposing it most sure in an extremitie, it is vncerteine; but yet the effect followed not, howsoeuer their meaning was: notwithstanding, the king being now in the hands of his enimies, and vtterlie despairing of all comfort, was easilie persuaded to renounce his crowne and princelie preheminence, so that in hope of life onelie, he agreed to all things that were of him demanded. And so (as it should seeme by the copie of an instrument hereafter following) he renounced and voluntarilie was deposed from his roiall crowne and kinglie dignitie, the mondaie being the nine and twentith daie of September, and feast of S. Michaell the archangell in the yeare of our Lord 1399, and in the thrée and twentith yeare of his reigne. The copie of which instrument here insueth.

A copie of the instrument touching the declaration of the commissioners sent from the states in parlement, vnto king Richard.

[Sidenote: This promise he made at Flint rather than at Conwaie, as by that which goeth before it may be partlie coniectured.]

THIS present indenture made the nine and twentith daie of September, and feast of saint Michaell, in the yeare of our Lord 1399, and the three and twentith yeare of king |862| Richard the second. Witnesseth, that where by the authoritie of the lords spirituall and temporall of this present parlement, and commons of the same, the right honorable and discreet persons heere vnder named, were by the said authoritie assigned to go to the Tower of London, there to heare and testifie such questions and answers as then and there should be by the said honourable and discreet persons hard. Know all men, to whome these present letters shall come, that we, sir Richard Scroope archbishop of Yorke, Iohn bishop of Hereford, Henrie earle of Northumberland, Rafe earle of Westmerland, Thomas lord Berkeleie, William abbat of Westminster, Iohn prior of Canturburie, William Thirning and Hugh Burnell knights, Iohn Markham iustice, Thomas Stow and Iohn Burbadge doctors of the ciuill law, Thomas Erpingham and Thomas Grey knights, Thomas Ferebie and Denis Lopeham notaries publike, the daie and yeere aboue said, betweene the houres of eight and nine of the clocke before noone, were present in the cheefe chamber of the kings lodging, within the said place of the Tower, where was rehearsed vnto the king by the mouth of the foresaid earle of Northumberland, that before time at Conwaie in Northwales, the king being there at his pleasure and libertie, promised vnto the archbishop of Canturburie then Thomas Arundell, and vnto the said earle of Northumberland, that he for insufficiencie which he knew himselfe to be of, to occupie so great a charge, as to gouerne the realme of England, he would gladlie leaue of and renounce his right and title, as well of that as of his title to the crowne of France, and his maiestie roiall, vnto Henrie duke of Hereford, and that to doo in such conuenient wise, as by the learned men of this land it should most sufficientlie be deuised & ordeined. To the which rehearsall, the king in our said presences answered benignlie and said, that such promise he made, and so to do the same he was at that houre in full purpose to performe and fulfill; sauing that he desired first to haue personall speach with the said duke, and with the archbishop of Canturburie his cousins. And further, he desired to haue a bill drawne of the said resignation, that he might be perfect in the rehearsall thereof.

After which bill drawne, and a copie thereof to him by me the said earle deliuered, we the said lords and other departed: and vpon the same afternoone the king looking for the comming of the duke of Lancaster, at the last the said duke, with the archbishop of Canturburie and the persons afore recited, entered the foresaid chamber, bringing with them the lords Roos, Aburgenie, and Willoughbie, with diuerse other. Where after due obeisance doone by them vnto the king, he familiarlie and with a glad countenance (as to them and vs appeered) talked with the said archbishop and duke a good season; and that communication finished, the king with glad countenance in presence of vs and the other aboue rehearsed, said openlie that he was readie to renounce and resigne all his kinglie maiestie in maner and forme as he before had promised. And although he had and might sufficientlie haue declared his renouncement by the reading of an other meane person; yet for the more suertie of the matter, and for that the said resignation should haue his full force and strength, himselfe therefore read the scroll of resignation, in maner and forme as followeth.

The tenor of the instrument whereby king Richard resigneth the crowne to the duke of Lancaster.

IN the name of God Amen: I Richard by the grace of God, king of England and of France, &c: lord of Ireland, acquit and assoile all archbishops, bishops, and other prelats, secular or religious, of what dignitie, degree, state, or condition so euer they be; and also all dukes, marquesses, earles, barons, lords, and all my liege men, both spirituall and secular, of what manner or degree they be, from their oth of fealtie and homage, and all other deeds and priuileges made vnto me, and from all manner bonds of allegiance, |863| regalitie and lordship, in which they were or be bounden to me, or anie otherwise constreined; and them, their heires, and successors for euermore, from the same bonds and oths I release, deliuer, and acquit, and set them for free, dissolued and acquit, and to be harmelesse, for as much as longeth to my person by anie manner waie or title of right, that to me might follow of the foresaid things, or anie of them. And also I resigne all my kinglie dignitie, maiestie and crowne, with all the lordships, power, and priuileges to the foresaid kinglie dignitie and crowne belonging, and all other lordships and possessions to me in anie maner of wise perteining, of what name, title, qualitie, or condition soeuer they be, except the lands and possessions for me and mine obits purchased and bought. And I renounce all right, and all maner of title of possession, which I euer had or haue in the same lordships and possessions, or anie of them, with anie manner of rights belonging or apperteining vnto anie part of them. And also the rule and gouernance of the same kingdome and lordships, with all ministrations of the same, and all things and euerie each of them, that to the whole empire and iurisdictions of the same belongeth of right, or in anie wise may belong.

And also I renounce the name, worship, and regaltie and kinglie highnesse, clearelie, freelie, singularlie and wholie, in the most best maner and forme that I may, and with deed and word I leaue off and resigne them, and go from them for euermore; sauing alwaies to my successors kings of England, all the rights, priuileges and appurtenances to the said kingdome and lordships abouesaid belonging and apperteining. For well I wote and knowledge, and deeme my selfe to be, and haue beene insufficient and vnable, and also vnprofitable, and for my open deserts not vnworthie to be put downe. And I sweare vpon the holie euangelists here presentlie with my hands touched, that I shall neuer repugne to this resignation, demission or yeelding vp, nor neuer impugne them in anie maner by word or deed, by my selfe nor none other: nor I shall not suffer it to be impugned, in as much as in me is, priuilie or apertlie. But I shall haue, hold, and keepe this renouncing, demission, and giuing vp for firme and stable for euermore in all and euerie part thereof, so God me helpe and all saints, and by this holie euangelist, by me bodilie touched and kissed. And for more record of the same, here openlie I subscribe and signe this present resignation with mine owne hand.

* * * * *

Now foorthwith in our presences and others, he subscribed the same, and after deliuered it vnto the archbishop of Canturburie, saieng that if it were in his power, or at his assignement, he would that the duke of Lancaster there present should be his successour, and king after him. And in token heereof, he tooke a ring of gold from his finger being his signet, and put it vpon the said dukes finger, desiring and requiring the archbishop of Yorke, & the bishop of Hereford, to shew and make report vnto the lords of the parlement of his voluntarie resignation, and also of his intent and good mind that he bare towards his cousin the duke of Lancaster, to haue him his successour and their king after him. ¶ All this doone euerie man tooke their leaue and returned to their owne.

* * * * *

[Sidenote: K. Richards resignation confirmed by parlement.]

Vpon the morrow after being tuesdaie, and the last daie of September, all the lords spirituall and temporall, with the commons of the said parlement, assembled at Westminster, where, in the presence of them, the archbishop of Yorke, and the bishop of Hereford, according to the kings request, shewed vnto them the voluntarie renouncing of the king, with the fauour also which he bare to his cousine of Lancaster to haue him his successour. And moreouer shewed them the schedule or bill of renouncement, signed with king Richards owne hand, which they caused to be read first in Latine, as it was written, and after in English. This doone, the question was first asked of the lords, if they would admit and allow that renouncement: the which when it was of them granted and confirmed, the like question was asked of the commons, and of them in |864| like manner confirmed. After this, it was then declared, that notwithstanding the foresaid renouncing, so by the lords and commons admitted and confirmed, it were necessarie in auoiding of all suspicions and surmises of euill disposed persons, to haue in writing and registred the manifold crimes and defaults before doone by king Richard, to the end that they might first be openlie declared to the people, and after to remaine of record amongst other of the kings records for euer.

All this was doone accordinglie, for the articles which before yee haue heard, were drawne and ingrossed vp, and there shewed readie to be read; but for other causes more néedfull as then to be preferred, the reading of those articles at that season was deferred. Then forsomuch as the lords of the parlement had well considered the voluntarie resignation (of king Richard, and that it was behoouefull and as they thought) necessarie for the weale of the realme, to proceed vnto the sentence of his deposing, there were appointed by the authoritie of all the estates there in parlement assembled, the bishop of saint Asaph, the abbat of Glastenburie, the earle of Glocester, the lord Berkleie, William Thirning iustice, and Thomas Erpingham, with Thomas Graie, knights, that they should giue and pronounce the open sentence of the deposing of king Richard. Whervpon the said commissioners taking counsell togither, by good and deliberate aduise therein had, with one assent agréed, that the bishop of S. Asaph should publish the sentence for them and in their names, as followeth.

The publication of king Richards deposing.

IN the name of God Amen. We Iohn bishop of S. Asaph, Iohn abbat of Glastenburie, Thomas earle of Glocester, Thomas lord Berkeleie, William Thirning iustice, Thomas Erpingham & Thomas Graie knights, chosen and deputed speciall commissaries by the three states of this present parlement, representing the whole bodie of the realme, for all such matters by the said estates to vs committed: we vnderstanding and considering the manifold crimes, hurts, and harmes doone by Richard king of England, and misgouernance of the same by a long time, to the great decaie of the said land, and vtter ruine of the same shortlie to haue beene, had not the speciall grace of our God therevnto put the sooner remedie: and also furthermore aduerting, that the said king Richard by acknowledging his owne insufficiencie, hath of his owne meere voluntee and free will, renounced and giuen ouer the rule & gouernance of this land, with all rights and honours vnto the same belonging, and vtterlie for his merits hath iudged himselfe not vnwoorthilie to be deposed of all kinglie maiestie and estate roiall. We the premisses well considering by good and diligent deliberation, by the power, name, and authoritie to vs (as aboue is said) committed, pronounce, decerne, and declare the same king Richard, before this to haue beene, and to be vnprofitable, vnable, vnsufficient, and vnwoorthie of the rule and gouernance of the foresaid realms and lordships, and of all rights and other the appurtenances to the same belonging. And for the same causes we depriue him of all kinglie dignitie and worship, and of any kinglie worship in himselfe. And we depose him by our sentence definitiue, forbidding expresselie to all archbishops, and bishops, and all other prelats, dukes, marquesses, erles, barons and knights, and all other men of the foresaid kingdome and lordships, subiects, and lieges whatsoeuer they be, that none of them from this daie forward, to the foresaid Richard as king and lord of the foresaid realmes and lordships, be neither obedient nor attendant.

After which sentence thus openlie declared, the said estates admitted foorthwith the forenamed commissioners for their procurators, to resigne and yeeld vp vnto king Richard, all their homage and fealtie, which in times past they had made and owght vnto him, and also for to declare vnto him (if need were) all things before doone that concerned the |865| purpose and cause of his deposing: the which resignation was respited till the morow following. Immediatlie as the sentence was in this wise passed, and that by reason thereof the realme stood void without head or gouernour for the time, the duke of Lancaster rising from the place where before he sate, and standing where all those in the house might behold him, in reuerend manner made a signe of the crosse on his forhead, and likewise on his brest, and after silence by an officer commanded, said vnto the people there being present, these words following.

The duke of Lancaster laieth challenge or claime to the crowne.

IN the name of the Father, and of the Sonne, & of the Holie-ghost. I Henrie of Lancaster claime the realme of England and the crowne, with all the appurtenances, as I that am descended by right line of the blood comming from that good lord king Henrie the third, and through the right that God of his grace hath sent me, with the helpe of my kin, and of my freends, to recouer the same, which was in point to be vndoone for default of good gouernance and due iustice.

[Sidenote: The demand of the archbishop of Canturburie to the commons.

_Thom. Wals._

The duke of Hereford placed in the regall throne.

The archbishop preached.]