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fessed by the aforesaid duke in the castle of Caleys, the foresaid duke be his own hand fully and plainly I wrote, and delivered it to the same Wm. Rickhill touching this matter as it was done in the presence of John Lancaster, and John Lovetoft, and in none other manner."

against bis person and contrary to his allegi-
ance. And that all his lands, tenements,
goods and chattels might be forfeited; as, in
this case, notwithstanding his death, they ought
to be." Then the commons prayed the king
and lords, "That since it was notoriously
known to his majesty and all the estates of this
parliament, and to all the kingdom, that the said
duke and others of his party assembled at Har-lord
ingway, in the county of Middlesex, with a
great number of people armed and arrayed to
make war against the king, contrary to their
allegiance, and came with those forces into the
king's presence, which was levying war against
their licge-lord, that he might thereupon be
adjudged as a traitor, and his lands, tenements,
&c. notwithstanding his death before, forfeited."
Whereupon, all the lords temporal, and the
aforesaid sir Tho. Piercy, proctor for the clergy,
declared that the said crime and treason was

"I Thomas of Woodstock, the zear of my the king 21, be the vertue of a commission of my lord the king, the same zear directed to Wm. Rickhill, justice, the which is comprehended more plainly in the aforesaid commission, knowleche that I was one with sertynge of other men, to assent to the making of a commission, in the which commission I among other, restrained my lord of his freedom, and took upon me among others power regal, truly not knowing ne witting, that time that I did against his estate, nor his royaltie, as I did after, and do now; and forasmuch as I knew afternotoriously known to them and the whole king-ward that I lrad done wrong, and take upon me dom; wherefore they, with the king's assent, more than I ought to do, I submitted me to declared him guilty of levying war as a traitor, my lord, and cried himn mercy and grace, and and adjudged all his castles, lands, manors, yet do as truly and as meekly as any man may, &c. which he was possessed of on the 13th of and put me high and low in his mercy and Nov. in the 11th year of this reign, to be for- grace, as he hath always been full of mercy feited to the king and his heirs; and that none of his issue, or heirs of his body, or their issue that I came armed into my lord's presence, and grace to all other. Also, in that time, or heirs in time to come, should ever bear the and into his palace, howsoever that I did it for royal arins of England entire, or with differ-drede of my life, I knowleche for certain, that ence; or in any other manner whatsoever, should inherit the crown of England."

I did evil, and against his regalitie, and lis estate, wherefore I submit me lowly and meekThe Duke's Confession while in Prison. ly to his mercy, and to his grace. Also, in On the 25th of Sept. the said Appellants that I took my lord's letters of his messages, prayed the king in full parliament that if there and opened them against his leave, I knowwas any thing upon record, either by Confes- leche that I did evil, wherefore I put me lowly sion of any person accused, or any other perin his grace. Also, in that, that I sclaundred son whatsoever touching their appcal, that it my lord, I knowlech, that I did evil and wickmight be openly known and declared in full edly, in that, that I spake to him in sclaunparliament. Upon which petition, by the ad-derous wise, in audience of other folk; bot by vice of the lords temporal, the king command- the way, that my soul shall too, I meant none ed that a Commission bearing date the 17th evil therein, nevertheless I wot and knowleche of August last past, directed to sir William that I did evil and unkindly, wherefore I subRickhill, one of the justices of the Common mit me high and low in his grace. Also, in bench, together with a Confession made be- that I among other, communed and asked of fore him, by Thomas late duke of Gloucester, certain clercs, whether that we might give up by virtue of the abovesaid Commission, with our homage for drede of our lives or not, and the return of that Commission, be read in par- whether that we were assentid thereto for to do liament. The duke's Confession is in old Eng-it, lish, and deserves particular notice, as a specimen of the elegance of the English tongue in those days:

"This is the Answer of William Rickhill to the Commission of his liege lord the king. Thomas duke of Gloucester, be the name of Thomas Woodstock, the zear of the king Richard 21, in the castle of Caleys, by vertue of a commission of the king, as it is more plainly declared in the same, directed to William Rickill, justice, hath I know and confessed to fore the same William all the matters and points I wrote in this great roll annexed to this schedule, the which schedule and great roll both sealed under the seal of the aforesaid William, and all the matters and points I know and con

trewly and by my troth, I ne have how none full mind thereof but I trowe rather yes, than nay, wherefore I submit me high and low evermore in his grace. Also, in that, that I was in place, where it was communed, and spoken in manner of deposal of my liege lord, truly I knowlech well, that we were assentid thereto for two days or three, and then were for to have done our homage and our othes, and put him as highly in his estate as ever he was; but forsouth there I knowlech that I did untruly, and unkindly as to him, that is my liege lord, and hath been so good and kind lord to me, wherefore I beseech to him, notwithstanding myn unkindness, evermore of his mercy and of his grace, as lowly as any creature may beseech it unto his liege lord. And as of any new thing or ordenance, that ever I should have witting or known, ordained or as

sentid, privy or appert, that should have been against my lord's estate, or his will or any that longeth about him, syth that day I swore unto him at Langely, on God's body truly, and by that othe that I there made, I never knew of gathering against him, ne none other that longeth unto him. And as touching these points, that I have made confession of to sir Wm. Rickhill, justice, in the which I wot well, that I have offended my lord unkindly and untruly, as I have said before, how that I have in all these points offended him, and done against him, trewly and as I will answer before God it was my meaning and my weaning to do the best for his person and for his estate; nevertheless I wot well, and know well nowe, that my deeds and my workings were against my intent; but by the way that my soul shall too, of these points and of all other the which that I done of negligence and of unkunning, it was never myne intent ne my will, ne for my thought for to do a thing that should have been distresse or harming against the safety of my liege lord's persone, as I will answer before God at the day of judgment. And therefore I beseech my liege and sovereign lord the king, that he will of his grace and benignity accept me to his mercy and his grace, as I that put life, my body and iny goods, wholly at his will, as lowly as meekly as any creature can do or may do to bis liege lord; beseeching to his of high lordship, that he will for the passion Iam that suffered for all mankind, and the compassion that he had for his mother on the crosse, and the pity he had of Mary Magdalen, that he will vouchsafe for to have compassion and pity, and to accept me to his mercy and to his grace; as he that hath ever been full of mercy and of grace to all his lieges, and to all other that have nought been so nigh unto him as I have been, though I been unworthy."

my

thing that then came into his memory, that he said to his majesty, if he designed to be king, he must not intercede for sir Simon Burley, to save him from death.' And he desired the said William Rickhill to shew this to the king by word of mouth." See Brady, p. 411.

After this return to the Commission had been read, the Appellants prayed, that sir Wm. Rickhill, approved for his loyalty and discretion, might be commanded by the king upon his allegiance to declare the truth touching this Confession; who, in the presence of the king, the lords spiritual and temporal, and commons in parliament said and declared," That about 8 o'clock before noon, he came within the castle of Calais, to the duke of Gloucester, who was then of good memory and out of prison. That he shewed him his commission, and the cause of his coming, in the presence of John Lancaster and John Lovetoft; and desired that what he, the said duke, had to say to it he would put down in writing, and then he departed. Returning to him about 9 of the clock, in the afternoon of the same day, the duke read in writing the said Confession, with his own mouth, and gave the same to Win. Rickhill with his own hand. Further; Wm. Rickhill said to the said duke, that if there was any thing more touching this matter, that he would speak it for the king's satisfaction, and the knowledge of the whole truth of the affair. Whereupon the duke said he had forgot one

The Earl of Warwick convicted.

On the 20th of September, the constable of the Tower brought before the parliament Thomas earl of Warwick, who was told by the duke of Lancaster, that he was accused by Edward earl of Rutland, and the other Appellants, there named, of divers High-Treasons, which were all comprehended in two articles: that of assembling with force and armed men at Haringay, &c. and the charge about sir Simon Burley, which were drawn up in the

same words as in the case of the earl of Arundel. To all which be answered with tears, that be well understood those treasons and wicked deeds; that he was guilty of them, and put himself upon the king's mercy and grace." Upon which the duke of Lancaster pronounced the very same sentence against him, in all things, as he had done against the earl of Arundel. But, adds the record, the king, moved with pity, to the reverence and honour of God, at the prayer of the Appellants, the lords spiritual and temporal, and commons in parliament, remitted part of the said judgment, and granted him his life; so that his sentence was "to remain prisoner in the Isle of Man during his life, upon condition that if any means were made use of to the king or his heirs, to gain him any further favour, or if he should make his escape, then the judgment should be put in execution, and the king's grace should be void.', This done, the commons before the king in parliament affirmed the said Appeals to be all good

and lawful.

Thomas Mortimer makes his escape. Afterwards, the Lords Appellants impeached Thomas Mortimer of the Treasons comprised in the said accusation; but he, being then in Ireland, fled into the mountains to the Irish rebels for protection. A proclamation was thereupon ordered in parliament to be made throughout Ireland, that he should surrender himself in England within three months, to answer to the impeachment, or else be declared a traitor; and all his manors, castles, lands, and tenements, &c. which he was possessed of on the 13th of November, as in the former cases, should be forfeited to the king.-In the next session, Thomas Mortimer had time given him to make his appearance and take his Trial, which he not doing, the duke of Lancaster, as lord high steward, with the consent of the lords temporal, and the earl of Wiltshire, then proctor for the prelates and clergy, gave Sentence and Judgment against him, according to the tenor of the proclamation.

Sir John Cobham convicted.

On the 28th of January following, came on the Trial of John de Cobham, knight, who had been impeached by the commons in the last

session for the same crimes that Thomas Mor- | timer was, viz. that he, sitting in judgment, awarded Simon Burley and James Berners, knights, to be executed as before, without the king's assent, in his absence, and in the absence of many peers of parliament who arose and would not sit in such judgment, &c. against the peace of the king, his crown and dignity. The duke of Surrey, in whose custody this sir John Cobham was, brought him into parliament to answer to the Articles alledged against him, and the duke of Lancaster told him, that he was accused and impeached by the commons for the Treasons aforesaid, and command-prayed the king to give Judgment against him, as convict and attainted of the use and exercise of the commission, &c. Whereupon, the lord high steward, by consent as aforesaid, gave Judgment against the said John de Cobham, as in the case of the earl of Arundele. But all those judgments the king graciously pardoned; yet so that he was to be a prisoner in the isle of Jersey during his life.

cording to the commission without the king's licence, who thereupon commanded him to act." To this the king himself answered, "That he was under such government at that time, that he could say no otherwise, by reason of such as were then about him; but that the commission was made against his will the said John Cobham could not deny." As to the judgment and award made against the said Simon and James, the prisoner said, "He was told by those who were then masters, that it was the king's will such judgment and award should be made."-Upon these Answers, the commons

ed him to answer at his peril. Upon hearing the Impeachment read, the knight said, "That as to the making of the Commission he was not guilty; and as to the use and exercise of the same, he said he did not meddle with it without the king's command, and that he went to the king and told him, he, with others, were made commissioners, but that he would not act ac

15. Articles of Accusation against RICHARD II. King of England; 1 Henry IV. A. D. 1399. [Rot. Parl. 1 Hen. IV. N. 10.

4 Rapin, 76. 1 Cobb. Parl. Hist. 251.]

ON Monday, the 6th of Oct. 1399, the peers, with the bishops and commons, of England, being assembled in the great Hall at Westminster, and the new king placed in the royal throne; by his command, Thomas Arundele, archbishop of Canterbury, declared, "That this parliament was summoned by king Richard, to be held the Tuesday next before. Which summons was annulled and made void by the accepting of the Renunciation of the said king Richard, and deposing of him; which was done the same day in the presence of the king, lords and commons, as by the process hereafter to be read would appear."-He then told them, "That this most famous realm, abounding in all felicities, had been long governed by children and young counsellors, and would utterly have been ruined and wasted, had not God sent a wise and discreet man to govern the same, who meant by God's help, to be governed himself by the wise and old heads of

the realm."-After this he took for his text these words out of Maccabees, incumbit nobis ordinare pro regno, i. e. it is the king's will to be governed by the honourable, discreet, and sage men of the realm, and by their common consent; and not by his will or humour, to rule the same. He further laid great stress on this, "That this nation, of any under the sun, might best support and live within itself, alledging for authority this adage, Quod inter regna, hoc principatum tenet." To these he added, "That to every good government three things were required; 1st, justice: next, that the laws should be duly observed; and lastly, that every degree of men, in their several vocations, should be encouraged and protected."

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He brought many reasons why this nation ought to be well governed, and said, "That their new king intended strictly to observe these three points." He concluded with acquainting them, "That Henry, their king and lord, meant to be crowned on the Monday following, after which he would wholly addict himself to the care of the Commonwealth; and desired the commons that they would consent to have the parliament continued to the Tuesday following." After this harangue was ended, Henry Percie, earl of Northumberland, and constable of England. demanded of the lords and commons, whether they would agree to his continuance, who, being all and severally examined, consented thereto..

Renunciation of Richard 2.

The next thing they went upon, was to read
the record of the Renunciation of king Richard
Deposition of the said king, as follows:
II. with their acceptance of the same, and the

The Record and Process of Renunciation

of king Richard 2 after the conquest, and likewise the acceptance of the same Renunciation, with the Deposition of the same king Richard afterwards ensuing. "Be it remembered, that on Monday the feast of saint Michael the archange!, in the 23rd spiritual and temporal, and other persons of year of the reign of king Richard 2, the lords note; that is to say, the lord Richard le Scroop, archbishop of York, John bishop of Hereford, Henry earl of Northumberland, and Ralph earl of Westmoreland; the lord Hugh de Burnel, Thomas lord de Berkeley, the prior of Canterbury with the abbot of Westminster,

in the said schedule; the tenor whereof is such :"

William Thyrning, knight, and John Markham, justices; Thomas Stow and John Burbache, doctors of laws, Thomas de Erpingham and "In the name of God. Amen. I, Richard, Thomas Gray, knights, Wm. de Feryby and by the grace of God, king of England and Dionysius Lapham, public notaries, first de- France, and lord of Ireland, do absolve the puted to the act under-written, by the assent archbishops, bishops and other prelates of and advice of several of the lords spiritual and churches, secular or regular, of whatsoever temporal, and of the judges and others, skilful dignity, degree, state, or condition they be; as well in the civil and canon law, as in the the dukes, marquisses, earls, barons, vassals, laws of the realm, assembled at Westminster and valvasors, and all and every my liege in the usual place of council; did about nine people whatsoever, ecclesiastics or seculars of of the clock come to the presence of the said all the said kingdoms and dominions, by what king, being within the Tower of London : and name soever they are known, from the oath of it being recited before the said king, by the fealty and homage, and other oaths whatsoever said earl of Northumberland, in the behalf of to me made, and from all bond or tye of legiall the rest before-named, so as aforesaid ance, royalty, and dominion, whereby they have joined with him how the said king hereto- been or are obliged, or otherwise in any manner fore at Conway in North-Wales, being at li- bound unto me. And I do free, release, and berty, did promise unto the lord Thomas arch acquit them and their heirs and successors for bishop of Canterbury, and the earl of Nor- ever, from the said oaths and orher obligations thumberland, that he would yield up and re- whatsoever. And I do dismiss them free, unnounce the crown of England and France, loosen, quit and in full immunity, as far as rcand his regal majesty, for causes of his ina- lates to my person, to every effect of law which bility and insufficiency, there by the said king may follow from the premises, or any of them. himself confessed, and that in the best manner And I do purely, of my own accord, simply and form the same could be done, as counsel and absolutely, in and by the best manner, learned should bcst order; the said king before way, and form that may be in these writings, the said lords and others above-named, here- renounce and totally resign all kingly diguity unto benignly answered, "That he would and majesty, and the crown and dominion and with effect accomplish, what before in that be- power of the said kingdom and dominions, and half he had promised," but desired to have all other my dominions and possessions, or any some discourse with his cousins, Henry duke of way belonging or appertaining unto me, by Lancaster, and the said lord archbishop of Can- what name soever they may be reckoned up terbury, before he fulfilled such his promise. within the aforesaid kingdoms, or elsewhere, Afterwards the same day after dinner, the said and all right and colour of right and title, posking much affecting the coming of the said duke session, and dominion, which at any time I of Lancaster, and having long waited for him, have had, now have, or by any means shall at last the said duke of Lancaster, the lords, have in or to the same, or any of them, with and others above-named, and also the said arch- their universal rights and appurtenances, or bishop of Canterbury, did come to the presence any dependencies however, on them or any of the said king in the Tower aforesaid: the lords of them: and also the rule and government of de Roos, de Willoughby, and de Bergavenny, the said kingdoms and dominions, and their and very many others being then there pre- administration, and all manner of meer and sent; and after the said king had had discourse mixt empire and jurisdiction to me in the said with the said duke of Lancaster and archbishop, kingdoms belonging, or that may be belonging; exhibiting a merry countenance here and there and to the name of king, and the honour, reamongst them to part thereof, as appeared to gality, and celsitude royal, purely, voluntarily, those that stood round about; at last the said simply, and absolutely, by the best manner, king calling to him all that were there present, way, and form that the same can be done in did publicly say before them, "That he was these writings, I do renounce, and them do toready to make the renunciation, and to re- tally resign, and in deed and in word dismiss nounce and recede, according to the promise and quit the same, and from them do recede by him made as aforesaid." And so forthwith, for ever. Saving to my successors kings of although, as was said unto him, he might have England, the rights to them or any of them bemade some deputy to have served as the organ longing, or that shall any way belong, in the of his voice, for avoiding so tedious a labour as said kingdoms or dominions, and all other the the reading of the said cession and renuncia- premises for ever. And I do confess, acknowtion, reduced by others into a schedule of parch-ledge, repute, and truly and out of certain ment; yet the said king, very willingly as appeared, and with a pleasant countenance, holding the said schedule in his hand, said, "That he himself would read it," and distinctly read the same through: and also did absolve all his liege people, and renounce, and recede and swear, and other things did say and pronounce in reading, and did subscribe it with his own hand, as is more fully contained

knowledge, do judge myself to have been and to be utterly insufficient and unuseful for the rule and government of the said kingdoms and dominions, with all their appurtenances: and that for my notorious demerits I deserve to be deposed. And I do swear upon these holy gospels of God, by me corporally touched, that I will never act contrary to the said resignation, renunciation, dismission, and cession; nor any

way oppose the same in deed or in word, by himself, in his Renunciation and Cession myself or any other or others: nor will, as aforesaid, signified, that the same was very much as in me lies, permit the same publicly or expedient, did each man singly by himself, privately to be contraried or opposed; but the and in common with the people, unanimously said renunciation, resignation, dismission, and | admit the said Cession and Renunciation. cession will for ever esteem ratified and well- After which admission, it was then and there pleasing, and firmly hold and observe the same publicly declared, that besides such Cession in the whole and in every part; so God me and Renunciation so as aforesaid admitted, help, and these holy gospels of God. I the it would be very expedient and profitable to before-named king Richard do here subscribe the kingdom, for the removing of all scruples, myself with my own hand." and taking away sinister suspicions, that every many crimes and defects, by the said king about the ill governance of his kingdom very often committed, reduced into writing by way of articles, by reason of which, as himself affirmed in the Cession by him made, he was deservedly to be deposed, should be publicly and declared to the people. And so the greatest part of the said articles were then and there read through. The tenour of all which Articles is such :"

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And presently to the said Renunciation and cession, the said king added by word of mouth, That if it lay in his power, the said duke of Lancaster should succeed him in his kingdom.' But, because, as he said, this did not depend on his pleasure, he did request the said archbishop of York, and bishop of Here-read, ford, whom he for that time had constituted his procurators, to declare and intimate such his cession and renunciation to the states of the kingdom, That they would be pleased to signify to the people, his will and intention in that behalf. And in token of such his will and intention, did then and there openly pluck off the golden ring of his signet from his own finger, and put it upon the finger of the said duke of Lancaster, desiring as he affirmed, that the same might be made known to all the states of the kingdom. Which being done, taking their leaves on both sides, they all went out of the said Tower to return to their lodgings.

Articles against Richard 2.

"Imprimis, It is objected against king Richard, that whereas by reason of his ill government, viz. his giving away his goods and possession belonging to his crown, and that to persons unworthy and his indiscreet squandering the same away otherwise, and to that end imposing, without cause, collections and other grievous burthens on his people, more than they were able to bear: and also innu"But on the morrow, viz. Tuesday the feast merable other evils by his assent and command of saint Jerome, in the great hall at Westmin- perpetrated; there were by the whole parliaster, in the place honourably prepared for hold- ment certain prelates, and others, temporal ing the parliament, the said archbishops of lords, elected and assigned, who might with all Canterbury and York, and the duke of Lan- their power, and at their own charges, faithcaster, and other dukes and lords, as well spi- fully labour about the just government of the ritual as temporal, whose names are under- realm: yet the king causing a conventicle to written, and the commons of the said kingdom, be held by him, with his accomplices, the said assembled in a great multitude in parliament lords, as well spiritual as temporal, so occupied being present, and the said duke of Lancaster about the safety and profit of the kingdom, did being seated in a place due to his quality, and propose to impeach of high treason; and did the chair of state being solemnly adorned with violently draw the judges of the kingdom, for cloth of gold, but then empty, without any fear of death and corporal tortures, to such his person whatever presiding therein; the above-wicked purpose, most vigorously striving to denamed archbishop of York, in the name of him- stroy the said lords.-2. The said king lately at self, and of the said bishop of Hereford, ac- Shrewsbury, caused several, and the greater cording to the order of the said king, did pub-part of the judges, to come before him and his licly declare the Cession, and Renunciation, to have been so made by him as aforesaid, with the subscription of his royal hand, and delivery of his signet. And the said Cession and Renunciation, did there cause to be read by another, first in Latin and then in English.

"Immediately after which, it was demanded of the estates and people there present, to wit, first of the archbishop of Canterbury, to whom, by reason of the dignity and prerogative of his metropolitan church of Canterbury, it belongs in this behalf to have the first voice, amongst the rest of the prelates, and nobles of the realm, whether for their interest and the utility of the kingdom, they would be pleased to admit such Renunciation and Cession.' And the said states and people, judging from the causes by the said king

favourites privately in a chamber, and by menaces, and various terrors, and such affrightments as might fall even upon men of constant resolutions, did induce, cause, and compel them severally to answer certain questions there propounded, on the behalf of the king; concerning the laws of his kingdom, besides, and against their will, and otherwise than they would have answered, had they been at liberty and unforced. By colour of which answers, the said king purposed to have proceeded afterwards to the destruction of Thomas duke of Gloucester, and the earls of Arundel and Warwick, and other lords, against whose deeds and behavour the said king was much incensed, chiefly because they desired the said king to be under good guidance; but Providence withstanding it, by the resistance and power of the said lords, the

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