M. (Paul) Rapin de Thoyras.

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" at all fatisfied ; but if it pleafe God, I will help you to
" govern them better for the future." To which the
King only returned, Fair Coufm, Jince it plenfcs you, it
pleafes us too (4). Some add, that Richard intreated the
Duke, in very fubmiiiive Terms, not to touch his Life,
in confederation of his having fpared his Brothers, whom
lie had only confined in Ireland, and that the Duke gave
him a pofitive Promife he would not. There are Hifto-
rians who fay, that Richard was betrayed by the Earl
of Northumberland, who peifuading him to demand this
Conference, laid an Ambufli for him in the way, and
The -0 carried him Prifoner to the Duke. Be that as it will
■j the two Princes went the fame day (5) and lodged at
Londcn. Chjler, from whence they fet out together for Lon-
don.

Upon their Approach, the Londoners came out in crowds,



Vol. I.



to receive, the one with a thoufand Curfes, and the other 1399.
with exceffive Applaufes and Commendations. Then the R;cn:ird .'-
King was conducted to the Tower, and confined there, ^,;
whilft the Duke took meafures with his Fiiends to com-
plete his Work. The fuddennefs of this Revolution, and
the Duke of Lancajier 's Diligence in traverling fo many
Counties are very furprifing. If it is confidered that in
feven and forty days, he marched from Ravenjpur, where
he landed, to London, Rriftol, Che/ler, and from thence
back to London, it will hardly be conceivable, that an
Army of fixty thoufand Men could pofiibly run over fo
much Ground in fo fhort a Space (6).

The moment the Duke had got the King in his Power, Cmfuhatim
he took care to caufe him to fummon a Parliament at Yj'7""^
London, that no time might be loft. In the Conferences bis F,
he had with his Friends, before the meeting of the Parlia- Walfing.
ment, the Queftion was not fo much concerning what
was to be done, fince the placing him upon the Throne
was refolved, as how to proceed. Some wers for his
taking poffeffion, upon Richard's bare Promife of refigning
the Crown. Others thought, the Promife appeared too con-
ftrained to be the Foundation of any Right, and the more,
as there was a nearer Heir than the Duke. This was
Edmund Mortimer, Earl of March, Son of that Roger who
was declared Richard's prefumptive Succefior. The
Truth is, he was defcended from Lionel, Duke of Cla-
rence, thiid Son of Edward III, whereas the Duke of
Lancajier was Son of John, younger Brother of Lionel.
Though Edmund's Right was only derived from a Wo-
man, that would have been no Objection, provided the
ufual Practice had been obferved, fince there was no fuch
thing in England as the Salic Law. Tl u< by Richard's
Refignation, the Duke of Lancajier had no Right to claim
the Crown. Fur thisReafon they added, that fince there
was a neceifuy of fctting afide the Law, the Authority of
Parliament was abfolutely requifite. Hence they conclud-
ed that Richard muft be formally depofed, and the
Duke elected by the fame Authority. This Opinion had
likewife Difficulties, as it a.cribed to the Parliament a
Power to difpofe of the Crown, contrary to the Laws
and Cuftoms, to the piejudice of the lawful Heir, to
whom nothing could be objected to weaken his Title. At Th D*h of
laft, after many Debates upon fo nice a Point, it was )$', ?/°"
the Duke of "iork\ Opinion to unite the three ways pro-/™**
pofed, in order to give the more Strength to what they
iiad refolved. In the firft place, Richard {hoM be obliged
to make an abfolute Refignation. Secondly, the Par-
liament fhould proceed to depofe him before the Crown
was difpoled of. Laftly, thefe two Steps being taken, and
the Throne declared vacant, the fame Parliament, in
confideration of the Duke of Lancajler's great Service to
the State, fhould adjudge him the Crown by their fu-
preme Authority, which, in extraordinary Cafes, was fu-
perior to the Laws. This Opinion was unanimoufly ap-
proved. Thus in punifhing a King for fetting himfelf
above the Laws, a Power was given the Parliament no
lefs contrary to' them. So difficult it is on fuch occa-
lions to keep within the Bounds of Juftice and Equity.
This Expedient, then thought proper to reftore the Peace
of the Kingdom, proved the real Source of the Calami-
ties which afterwards afflicted the Nation, when thefe vio-
lent Proceedings feemed to be entirely forgotten. The
Descendants of the Duke of York, who propofed this Opi-
nion, found it their Intereft to deftroy the Foundation on
which it was built, and maintain that the Parliament had
exceeded their Power, in transferring the Crown to the
Houfe of Lancajier.

Purfuant to the Refolutions the Duke of Lancajier had Retard
taken with his Friends, he repaired to the Tower, the ":' : .?" J *"
Day before the opening of the Pailiament (7), attended by ,. "™" a
a great number of Lords. There, in the prefence of all, Walfing.
Richard delivered up the Crown and Scepter, with the
other Eniigns of Royalty, and by an Instrument figned
with his own Hand, confeffed himfelf unworthy and unfit
to govern any longer (S). Next Day the Parliament

beina:



( 1) The Officers of the King's Houlhold carry a white Staff as a Badge of their Off.ce, and when they break it, their Authority ceafes, and thofe that
are under them are difcharged from their Service. Rafin,

(2) Walfingbam fay-, they were the Perfons the King defired himfelf to confer withal, p. 358.

(3) Me only delirtd, that the Livee of tight Perfons he was to n;mt fhould be fpared, w th '« ■' Per.fion for them. Ibid.

(4) Thefe were all the Words they had together, without adding any thing to, or taking from them, lor I (fays the Author of the Chronicle of Lumbal )
ftood by :nd heard them.

{^) Which was slur'?! zo. JValfingbam, p. 3:8

6 He had moreover the good Fortune to have the King's Jewels and Treafurc, which amounted to feven hundred thuulani Pounds, with all his Horfes and

1 . Mil into his Hands.

September 29.

(X) " In the Name of God, Attn. 1 F tl n 1, by the Grace of God, King of England and Frame, and Lord of Ireland, do abfolve the Areh-

" bilhous, Hi,. : . and other Prelates whatfoever, of Churches fecular or regular, of what Dignity, Degree, Mdte, or Condition they are; Dukes,

" Marq , Barons, Va flail, Valvafibres, and my Liege-Men whatfoever, Ecclcliafhck or Secular, by whatever Name they are called, from

" the O I ol I alty and Homage, .'rid all others to me made, and from all B ud of Lieganpe, Regality, and Government or Command, by which

J have been, or may be bound to me ; and them, their Heirs, and Succeflbrs for ever, from the lame Obligations, Oaths, and other things

<< wh.ii; ,1. 1 free, releafe, ai.J quit, end make them fl . Ived, and quit, as to my Perlbn, according to the whole Effect of the Law, wh : ch

" n ly rojl. w from the Premifles, cr any of them : And 1 do purely, free of my own accord, limply and abfolutely, in the belt Manner, Way,

< Form that 1 can by this Writing, renounce, wholly refign, and by Word and Deed, put trom me, and recede for ever from all Royal Dig-

the Crown and LorcUhip, and the Power ol the laid Kingdoms and Lordfhip, and other my Dominitins and Polleflions, which

1 y belong to rr.e, and to all Rig it, Colour oi Right, and Title, Foll'cllion and Doniuiion, [hat 1 ever hid, havij or nuy have, in the

I " fame



Book X.



12. RICHARD lL



1399-



, jfr/ia'tl of

Wcaifathn

Riih.ird.
R„t. Par.
) Hen. [V.
n 10.
fcScriptor.
Col. 2743,



being met, the Inftrument of Refignation was produced, " although Complaints were made to the King of thefc
and approved by unanimous Confent. But as this Refig- " Excefles, yet he took no care to apply Remedy, or do
nation alone, according to the Meafures agreed upon, did " Juftice in them ; but favoured thofe People in their



47 S
1395.



not appear fufficient, the two Houfes ordered Articles of
Accufation againft Richard to be drawn up, to ferve for
reafons of his Depofition, to which they intended to pro-
ceed. The Articles were as follow ( 1 ) :

" I. It is objected to King Richard, That for his evil
" Government, by giving the Goods and Pofleffions of
" the Crown to unworthy Pcrfons, and indifcreetly dif-
" fipating of them ; and for this caufe impofing grievous
" and intolerable Burthens upon the People, and other-
" wife committing other innumerable Evils : Having,
" by his AfTent and Command, by the whole Parliament,
" chofen and affigned certain Prelates and other Lords
" Temporal, who with all their Power mould faithfully
" labour, at their own Colts, about the juft Government
" of the Kingdom, made a Conventicle of his Accom-
" plices, propoiing to impeach of high Treafon the faid



Wickednefs, confiding in them and their Affiftancc
*' againft all others of his Kingdom ; wherefore his eood
" Subjects had great matter of Commotion and Indi^na-
" tion.

" VI. Though the faid King caufed Proclamation to
" be made through the Kingdom, Tint he caufed his
" Uncle the Duke of Glocefter, and the Earls of Arundel
" and Wanvick, to bearrefted not for any rebellious Con-
" gregations, or marching with Horfe within the- King-
" dom ; but for many Extortions, Oppreffions, and other
" things done againft his Regality and Royal Majefty;
" and that it was not his Intention, that . my ol their
" Company at the time of the Congregation and Maich-
" ing with Horfe aforefaid, ftiould for that rcafon be que-
" fti«,ned ordifturbed : Vet the fame King afterwards, in
" his Parliament, impeached the laid Lords, not for Ex-
tortions, Oppreffions, or other things aforefaid ; but for



Lords Spiritual and Temporal, fo employed about the " rebellious Tumults, and Congregations and Marching



" Government of the Kingdom, and violently drew the
" Juftices of the Kingdom to confirm his wicked purpofe,
" for fear of Death and Torment of Body, endeavouring
" to deitroy the faid Lords.

" II. The fame King lately at Shrewsbury, caufed to
" come before him, and others that favoured him, in a
" Chamber, many Perfons, and the greater Part of the
" Juftices, where, by Threats, and divers Terrors, he
" induced, caufed, and forced them fingly to anfwer to
" certain Qucftions on his behalf, touching the Laws of
" his Kingdom, againft their Will, and otherwife than
" they would have anfwered, had they not been forced ;
" by colour of which anfwers the fame King propounded
" to have proceeded to the Deftruction of Thomas Duke
" of Glocefter, the Earls of Arundel and Warwick, and
" other Lords, with whom he was very angry, efpecially
" becaufe they defired him to be under good Govern-
" ment ; but by divine Providence, and the Refiftance
" and Power of the faid Lords, the King could not bring
" his Delign to effect.

" III. When the Lords Temporal, in defence of them-
" felves, refilled his Malice and Craft, the faid King pre-
" fixed a Day for the Parliament to do them and others
" Jjftice, who upon Faith and Confidence therein, re-
" 111.1. ned quietly in their own Houfes ; the King privately,
" witn his Letters or Commiffion, fent the Duke of Ire-
" land into Chejhire, to raife Arms againft the faid Lords,
" Great Men, and Officers of the Common-wealth,
" publickly erecting his Banners againft the Peace he had
" fworn to, from whence Murders, Captivities, Diflen-
" fions, and other infinite Evils followed in the whole
" Kingdom, for which caufe he incuired Perjury.

" IV. That although the faid King had pardoned the
" Duke of Glocefter, the Earls of Arundel and Warwick,
" and all their Ailiftants in full Parliament, and for many
" Years had (hewn chearful Signs of Peace and Love to-
" wards them ; yet the fame King always bearing Gall in
" his Heart, taking opportunity, caufed to be feized the
" Duke of GLccJler, and the faid Earls of Arundel and
" Warwick ; and fent the Duke to Calais, to be impri-
" foncd under the keeping of the Earl of Nottingham, one
" of his Appellants; and without Anfwer, or lawful Pro-
" cefs, caufed him to be ft angled, and inhumanly and
" cruelly murdered. The Earl of Arundel "pleading his
" Charter of Pardon, and demanding Juftice in Parlia-
" n it, was encompafled with great Numbers of armed
" Men, and had his Head damnably ftruckoff; and com-
" mitted the Earl of IVanvick and Lord Cobham to per-
" petual Prifpn ; confifcating their Lands, againft Juftice,
" the Laws of the Land, and his expiefs Oath, giving
" them to their Appellants.

" V. At the time when in his Parliament he caufed
" the Duke of Glocefter, and Earls of Arundel and War-
,e wick, to be adjudged ; that he might more freely exer-
" cife his Cruelty upon them, and in others fulfil his inju-
" rious Will, he drew to him a great Multitude of Male-
" factors out of the County of Chejler, who marching up
" and down the Kingdom with the King, as well within
" his own Houfe, as without, cruelly killed his Lieges,
" beat and wounded others, plundering the Goods of the
" People, refufing to pay for their Victuals, violating
" and ravifhing Men's Wives, and other Women. And



with Horfe, adjudged them to Death ; and caufed many
' of their Company for fear of Death, to make Fine and
' Ranfom as Traitors, to the great Deftructi >n of many
' of his People ; and fo he craftily, deceitfully and ma-
' licioufly deceived the Lords, their Followers, and Peo-
' pie of the Nation.

" VII. After many of thefe Perfors had paid their
' Fines and Ranfoms, and had obtained his Letters Pa-
•' tents of full Pardon ; yet they received no Benefit by
' them, until they made new Fines for their Lives,
" by which they were much impoverished : and this was
" much in derogation to the Name and State of a
" King.

" VIII. In the laft Parliament holden at Shrewsbury,
" the fame King propounding to opprefs his People,
" fubtilly procured and caufed to be granted, that the
" Power of Parliament, by confent of all the States of
" the Kingdom, ftiould remain in fome cer'ain Perfons,
" who, after the Parliament fhould be diflblved, might
" anfwer the Petitions depending in Parliament, then
" undetermined, under pretence whereof they proceeded
" to other general Matters touching that Parliament,
" according to the King's Will, in derogation to the
" State of Parliament, great Difadvantage to the King-
" dom, and a pernicious Example. And that thefe Ac-
" tions might feem to have fome Colour and Authority,
" the King caufed the Rolls of Parliament to be changed
" and blotted, contrary to the Effect of the Grant afore-
" faid.

" IX. Notwithstanding the faid King at his Coronation
" fwore, That he would do in all his Judgments, equal
" and right Juftice and Difcretion, in Mercy and Truth,
" according to his Power ; yet the faid King, without
" all mercy, rigoroufiy, amongft other things, ordained,
" under great Punifhments, That no Man fhould inter-
" cede with him, for any favour towards Henry Duke of
" Lancajier, then in Banifhment ; info doing, he acted
" againft the Bond of Charity, and rafhly violated his
« Oath.

" X. That though the Crown of England, the Rights
" of the Crown, and Kingdom itfelf, have been in all
" times fo"free, as the Pope, or any other foreign Power,
" had nothing to do in them; yet the faid King, for
" the confirming of his erroneous Statutes, fupplicated the
" Pope to confirm the Statutes made in his laft Parlia-
<c ment; whereupon he obtained his Apoftolic Letters, or
" Bull, wherein were contained grievous Ccnfuies againft
" all fuch as fhould prefume to contravene them. All
" which things are known to be againft the Crown and
" Royal Dignity, and againft the Statutes and Liberty of
" the Kingdom.

" XI. Though Henry, now Duke of Lancajier, bv the
" King's Command, exhibited his Bill of Accufation againft
" the Duke of Norfolk, concerning the State and Honour
" of the King, and duly profecuted it, fo as he was ready to
" make it good by Duel, and the King had ordered it ; yet
" the fame King put it by, and without any lawful Caufe
" banifhed the Duke of Lancajier for ten years, againft all
" Juftice, the Laws and Cuftoms of the Kingdom, and the
" Military Law, damnably incurring Perjury.

" XII. After the faid King had gracioufly granted to
" the now Duke of Lancajier, by his Letters Patents,



" fame or any of them; alio the Government and Adminillraiion of the faid Kingdoms and Lcrdlhip, and all mere and mixt Empire in the feme; and
" to all Honour and Royalty therein, laving to my Succeff >rs Kings of England, in the Kingdoms, Dominions, and Premiffes, tor ever their competent
" Rights. And I do confefs, acknowledge, repute, and truly of certiui Knowledge, judge myitif to be infumcient for the Government of the faid King-
" doms and Dominions, and for my notorious Demerits not unworthily depefed. And 1 fwear by thefe Holy Gofpeis of God by me corporally touched,
" That I never will contravene this Refignation, Renuncution, Dunalion, and Cefflon, or will any way oppofe them in Word or Deed, by myf.lf or others,
" nor will fuffer them to be oppofed or contravened, as much as in mc is, publickly or privately, but the fame Renunciation, Refignation, Dimiffi^n, and
*' Ceffion, will tor ever hold firm, and will firmly hold and cbttrve them in the whole and every part, as God and his Gofpels help me."

(1) Inftead of the inipeilecTt Abftraift given of thefe Articles by Mr. Rupin, it has been thought proper to inidrt them all at length, translated from the
authentick Copy of the Roll of Parliament, printed at the end of Decern Strifttm, Col, 2743, &c,



No. 24. Vol. I.



6 D



That



474



The HISTORY of ENGLAND.



Vol. I.



1 3.99. " That while he was in Banifliment his Attorneys might
" fue for Livery of any Inheritance that might fall to him
" for which Homage was due, which fhould be refpited for
" a reafonable Fine ; he injurioufly revoked thofe Letters
" Patents, againft the Laws of the Land, incurring Per-
" jury.

" XIII. Notwithstanding it had been ordained, That
" every Year the King's Officers, with the Juftices, and
" others of his Council, mould nominate and chufe the
" Sheriffs of all Counties according to their Difcretion ;
" yet he commanded others of his Party, and fuch as
" would do as he would have them, to be Sheriffs ;
" to the great Grievance of his People, contrary to
" the Laws of his Kingdom, notoriously incurring Per-
" jury.

" XIV. That whereas the faid King borrowed feveral
" Sums of Money from Lords and others by his Letters
" Patents, promifing faithfully to pay them at a certain
" Term; he did not perform his Promife; whence his
" Creditors were much grieved ; and not only they, but
" many others thought him an unfaithful King.

" XV. Whereas the Kings of England ufed to live
" upon the Revenues of the Kingdom, and Patrimony of
" the Crown in time of Peace, without Oppreffion of his
" People ; that the fame King during his whole time,
" gave thegreateft part of his Revenue to unworthy Per-
" Ions, and impofed Burthens upon his Subjects as it were
" every Year; by which he exceffively oppreffed his Peo-
" pie, and impoverished his Kingdom, not employing thefe
" Goods to the Advantage ot the Nation, but prodigally
" wafting them in Oftentation, Pomp, and Glory, ow-
" ing great Sums for Victuals and other Neceffaries of his
" Houfe, though his Revenues were greater than any of
" his Progenitors.

" XVI. The fame King not willing to keep and pro-
" tecl the juft Laws and Cuftoms of his Kingdom, but
" do what he pleafed, when thofe Laws were declared
" to him by the Juftices and others of his Council, de-
" firing Juftice might be done accordingly, he faid ex-
" prefly with an auftere countenance, That the Laws
" were only in his Mouth and Breaft : and that he only
" could make and change the Laws of this Kingdom.
" and being fo feduced, he would not permit Juftice to be
" done to many of his Lieges, but by threats and Ter-
" rors, forced many to ceafe from the Profecution of com-
" mon Juftice.

" XVII. That whereas Laws made in Parliament do
" always bind, until revoked by another Parliament, yet
" the lame King, defiring to enjoy fuch Liberty as no
" Laws might bind him, and to do what he pleafed, he
" cunningly procured fuch a Petition, on behalf of the
" Community ot his Kingdom, to be exhibited in Par-
" liament, and to be granted, That he might be as free
" as any of his Progenitors before him. By colour of
" which Petition and Grant, he often commanded, and
" caufed many things to be done contrary to the Laws
" not revoked, doing exprefly and knowingly againft the
" Oath taken at his Coronation.

" XVIII. Though it had been ordained, That no
" Sheriff' fhould continue in his Office above a Year, and
" could not be again chofen to that Office in three Years
" after, the fame King, for his Angular Profit, and fome-
" times for the Benefit of others, differed fome Sheriffs to
" remain in their Offices for two or three Years, con-
" trary to the Tenor and Effect of the Statute, incur-
" ring Perjury ; and this was notorious, publick, and
" famous.

" XIX. Although by Law and Cuftom, the People
" ought to be free to chufe Knights to reprefent them in
" Parliament, to propound their Grievances, and pro-
" vide Remedies for them ; yet the faid King, that he
*' might obtain his own rafh Will in his Parliaments,
" directed by Writs often to the Sheriffs, to fend fuch as
;c he named, fome of whom he induced by Favors,
" others by Threats and Terrors, others by Bribes, to
" confent to things prejudicial to the Kingdom, and <rrie-
' vous to the People; and efpecially by granting to
" him the Subfidy of Wool for his Life, and another
" Subftdy for certain Years, too much oppreffing the
" People.

" XX. The fame King, that in all things he might
" aft Arbitrarily, unlawfully made and commanded all
" the Sheriffs to fwear beyond their ufual Oath, That
" they would obey all his Commands fent to them under
" the Great Seal, Privy Seal, or Signet ; and in cafe
" they fhould know any in their Bailiwicks or Jurif-
" dictions, that fhould fpeak any ill publickly or privately,
" to the difgrace or fcandal of the King's Perfon, they
fhould arreft and commit them to Prifon, there to re-
main while they received other Commands from the
King, as it might be found upon Record; which



" Practice might likely tend to the Deftru&ion of many 1399.
" of his Subjea. '

" XXI. The fame King, that he might fupplant his
" People, and get their Eftates to enrich himfelf, caufed
" the People of fixteen Counties, by Letters under their
Seals, to fubmit to him as Traitors ; by colour of
" which, he obtained of them great Sums of Money to
" procure his Favour : And although to pleafe the People,
" thofe Letters Obligatory were reftored to them ; yet
" their Procurators had full Power to bind themfelves for
" them to the King, which he caufed to be done ; and
" fo deceived his People, and fubtilly extorted their Goods
" from them.

" XXII, Although the fame King fware at his Coro-
" nation, to preferve the Liberties granted to the Church
" of England; yet by reafon of his Voyage into Ire-
land, he by his Letters, commanded many religious
" Perfons, Abbots, and Priors, fome to fend him Horfes,
" others Waggons, others great Sums of Money ; and
■' by his way of writing, he forced many by Fear, to
comply with his Demands ; whence they were im-
" poverifhed and oppreffed, in manifeft derogation to
" Ecclefiaftick Liberty; by which pretext he incurred Per-
" jury.

XXIII. In many great Councils, when the Lords
" and Juftices were charged to counfel him faithfully, in
■' things that touched his own, and the State of the King-
" dom, they were often fo fharply rebuked and reproved,
" that they durft not fpeak Truth, in giving Advice con-
" cerning the State of the Kingdom.

" XXIV. The Treafurer Reliuues and Jewels of the
'■'■ Crown, which ought to be preferved in the Treafury,
" for the Honour of the King, and Confervation of the
" Kingdom, if any thing might happen, the faid King
" carried with him towards Inland, without the Con-
" fent of the States of the Kingdom ; whence the King-
" dom had been greatly impoverished, if God had not
" otherwife provided for the taking of thofe Goods from
" him againft his Will. And further, he caufed the Re-
" cords concerning the State and Government of his
" Kingdom to be razed, in great prejudice of his Peo-
" pie, and difmheritance of the Crown, and very likely,
" as it was believed, for the fupport of his ill Govern-
" ment.

" XXV. He was fo variable and diffembling in Words
" and Writing, and fo contrary to himfelf, efpecially in
" writing to the Pope, Kings, and other Lords, without



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