part the realm; and forthwith transmitted special letters to the apostolical see, to have him translated. And so, and by other frauds, and deceitful tricks of the said king, the said archbishop being a well-meaning believing man, was subtilly circumvented."

lords, archbishops, bishops, and prelates, dukes, marquisses, earls, barons, knights, vassals, and valvasors, and other subjects, and liege people of the said kingdoms and dominion, and other places to the said kingdoms and dominion belonging, that henceforth none of them shall any way obey or regard the said Richard, as king or lord of the said kingdom and dominion.

the confession of the said Richard acknowledging and reputing, and truly, and of his own certain knowledge, judging himself to have been and to be utterly insuflicient and unmeet for the rule and government of the said kingdoms and dominions, and their appurtenances, Sentence of Deposition passed upon Richard 2. and for such his notorious demerits worthy to After the recital of the foregoing Articles, be deposed; as by bim the said Richard was bethe Record proceeds thus; "And because it fore declared, and by his will and command, seemed to all the estates of the realin, being published before the said states, and made asked their judgments thereupon, as well se- known and exposed to them in the vulgar verally as jointly; that these causes of crimes tongue; having already had diligent deliberaand defaults were sufficient and notorious to tion upon these things and all others, transdepose the said king; considering also his own acted in this affair before the said states and confession of his insufficiency, and other things us, we do, on the behalf, and in the name, contained in his said renunciation and cession, and by the authority to us in this matter comopenly delivered; all the said states did una- mitted, ex abundanti and for caution, pronimously consent, that ex abundanti, they nounce, decree, and declare him the said Richshould proceed unto a deposition of the said ard to have been, and to be unfit, unable, and king for the greater security and tranquillity utterly insuflicient for, and unworthy of the of the people, and benefit of the kingdom.rule and government of the said kingdoms, Whereupon the said states and commons una- and the dominion, and rights, and appurte nimously constituted, and publicly deputed nances of the same; and for and by reason of certain commissioners, viz. the bishop of saint the premises, to be deservedly deposed, of and Asaph, the abbot of Glastonbury, the earl of from all royal dignity and honour, if any thing Gloucester, the lord Berkeley, sir Thomas Er- of such dignity and honour were yet remaining pyngham, and sir Thomas Grey, knights, and in him. And with the same caution we do desir William Thirnyng, one of the justices, to pose him by this our definitive sentence in writpass such sentence of deposition; and to de-ing, expressly forbidding all and singular the pose the said king Richard, from all kingly dignity, majesty, and honour, on the behalf and in the name, and by the authority of all the said states, as in like cases, from the ancient custom of the said kingdom had been observed. and forthwith the said commissioners taking upon themselves the burthen of the said commission, and sitting on a tribunal before the said royal chair of state, having first had some debate of the matter, did on the behalf, and in the name, and by the authority aforesaid, pass the said Sentence of Deposition, being reduced into writing; and caused such their sentence to be read and recited by the said bishop of Saint Asaph, their colleague, by the will and command of the rest of the said commissioners, in these words "In the name of God, amen. We John bishop of saint Asaph, John abbot of Glastonbury, Thomas earl of Gloucester, Thomas lord Berkeley, And then presently, as soon as it appeared Thomas de Erpyngham, and Thomas Grey, by the premises, and the occasion of them, that knights, and William Thirnyng justice, com- the crown of England, with its appurtenances, missioners specially deputed to the matters was vacant; the aforesaid Henry duke of Lanunder-written, by the peers and lords spiritual caster rising up from his place, and standing so and temporal of the kingdom of England, and erected as he might conveniently be seen by the the commons of the said kingdom, representing people, and humbly fortifying himself with the all the cstates of the said realm, sitting in tri- sign of the cross on his forehead, and on his bunal and having considered the multiplied breast, having also first called upon the name perjuries, cruelty, and very many other crimes of Christ, did claim the said kingdom, so vacant of the said Richard, touching his government as aforesaid, with its crown and all its members committed and perpetrated in his kingdoms and appurtenances; in this form of words in and dominions aforesaid, during the time of bis his mother tongue :- In the name of Fader, governance; all of them before the said states, Son, and Holy Ghost, I Henry of Lancaster, openly and publicly propounded, exhibited, chalenge this rewme of Ynglonde, and the and recited: which have been and are so 'croun with all the members, and the appurtepublic, notorious, manifest, and scandalous,nances, als I that am descendit, be right line that they could not nor can be concealed with ' of the blode, comyng fro the gude lord king denial or excuse. And considering likewise Henry therde, and thorghe that right that

:

"Furthermore, the said states willing that nothing should be wanting which might be of value, or ought to be required touching the premises, being severally interrogated thereupon, did constitute the same persons that were before nominated commissioners, to be their procurators, jointly and severally to resign and give back to the said king Richard the homage and fealty to him before inade, and to intimate to him, if it should be requisite, all the premises touching such his deposition and renunciation.

'God of his grace hath sent mee, with helpe of
my kyn, and of my frendes to recover it; the
⚫ which rewme was in poynt to be ondone for
'defaut of governance, and undoyng of the
'gude laws.—After which claim and challenge,
as well the lords spiritual as temporal, and all the
states there present, being severally and jointly
interrogated, what they thought of that claim;
the said states with the whole people, without
any difficulty or delay, did unanimously con-
sent that the said duke should reign over
them. And forthwith, as the said king shewed
to the states of the kingdom the signet of king
Richard, delivered to him as a token of his will,
that he should succeed him as aforesaid; the
said archbishop taking the said king Henry by
the right hand, led him to the royal chair of
state; and after the said king, kneeling down
before it, had prayed a little while, the said
archbishop of Canterbury, assisted by the arch-
bishop of York, did place the said king, and
cause him to sit in the said royal seat; all the
people wonderfully shouting for joy. And by
and by the said archbishop of Canterbury, hav-
ing with much ado procured silence from the
over-joyed multitude, made a short discourse,
or oration in these words :-Vir dominabitur
populo; A man shall reign over my people,'
1 Sam. ix. 17.-These are the words of the
King of Kings, speaking to Samuel, and teach-
ing him how a person should be qualified to
rule, since the people desired to have a king
given. And not unfitly may they be said of
our lord the king, whom we behold this day;
and if we but intimately consider these words,
they afford us matter of great consolation; for
God does not threaten us, as he did formerly
bis people by Isaiah, saying, Isaiah iii. I will
make children to rule over them.' But ac-
cording to his compassion, who in his wrath re-
membereth mercy, he bath visited his people,
and now children no more, as heretofore, shall
lord it over them; for the Lord saith to them,
"a man shall rule." Of the late rules of this
kingdom or any of them, one might have fitly
said that of the apostle, Cor. xiii. I spake as
a child, I understood as a child, I thought as a
child.' The apostle repeats it thrice.' As a
child I spake, I understood and thought.' As
to speech, tis certain that a child is unconstant
in speaking, he easily speaks true, and as easily
false, is ready in words to promise, but what he
promises he presently forgets. Now these are
things very inconvenient and dangerous in a
king; nor is it possible than any realm shall
stand long in happiness where these conditions
bear sway. But from such mischiefs a king-
dom is freed, whose sceptre is swayed by a man,
for it belongs to a man to set a watch before
his tongue; and such is our present happiness,
over whom not a child, but a man is set, and
such an one, as I hope we may say of him,
that in Eccles. ix. Blessed is the man that
hath not erred with his tongue." Then saith
the apostle, I understood as a child: now a
child relishes nothing but flatteries and pleasing
things, and understands only baubles and tri-

fles, and loves not one that argues according to truth, yea indeed hates him beyond all measure. But heretofore amongst us truth was trampled under foot, so that none durst speak it; and therefore tis plain and apparent enough, that he, that then reigned understood as a child. For a man is not addicted to such things, but understands wisdom, so that by the grace of God it may be said of him, as it is written Eccles. ix. Blessed is the man that abideth in wisdom.' For as a child is delighted in vanity, so a man has regard to truth and wisdom. Truth therefore shall enter and vanity depart, which has done so much mischief in our nation; for now a man shall rule, who seeks after truth, and not vanity or flattery. Thirdly, it is said, I thought as a child, for a child thinks and studies only how to have his humour and do things according to his own will, and not according to reason; therefore when a child reigns, there only self-will reign, and reason is banished, and constancy is put to flight, and great danger ensues; from which danger we are delivered, for a man shall rule over us; to wit, one that speaks not like a child; but thus as one that has the perfection of reason. I come not to do my own will, but the will of him that sent me to wit, of God; and therefore of such a man we will say not only that he will abide in wisdom, but also that as a man, not a child, he will meditate on the circumspection of God; that is, he will every way diligently observe that God's will, not his own, be done; and so in the stead of a child wantoning in foolish stubborn humours, a man shall reign, and such a man that it shall be said of him-a king shall reign in wisdom, and he shall execute judgment, and do justice in the earth."

Henry's Declaration of Thanks.

Which harangue being ended, the said lord king Henry, to appease the minds of his subjects, did then and there utter these words:

"Sirs, I thank God and zowe spiritual and temporal, and all the states of the lond, and do zowe to wyte, it es noght my will that no man thynke that be way of conquest I wold disherit any man of his heritage, franches, or other ryghts that hym oght to have, no put hym out of that that he has, and has had by the gude laws and customs of the rewme: except those persons that has been agan the gude purpose and the commune profit of the rewme."

And forthwith considering, that by the former vacancy of the royal throne, by the Cession and Deposition aforesaid, all power of justices, sheriffs, and other officers, throughout the kingdom, was ceased: therefore, to the end that there might be no failure nor delay in the administration of justice, to the grievance of the people, he caused principal officers and justices to be made and sworn to him with the usual oaths. And it was immediately proclaimed by the king's command, that on Monday next, after the said feast of St. Michael, a parliament should be held. And that

6

Berkeley for barons and banerettes, sir Thomas
Irpyngham, chamberleyn, for all the bachilers
and commons of this lond be south; sir Tho-
mas Grey for all the bachilers and commons
by north, and my felawe Johan Markham and
me for to come with hem for all thes states.
And so, sire, these words, and the doing that
we shall say to zowe, is not onlych our wordes
but the doyngs of all the states of this lond, and
our charge in her name.-And he answered and
said, that he wyste wele that he wold noght say
but as we were charged.-Sire, ze remembre
zowe wele that on Moneday in the fest of Seint
Michel the archaungel, ryglit here in this cham-
ber, and in what presence ze renounced and ces--
sed of the state of kynge and of lordeship, and of
all the dignite and wyrship that longed thereto,
and assoiled all zour leiges of her leigance and
obeisance that longed to zowe uppe the fourme
that is contened in the same renunciation and
cession, which ze redde zour self by zour
mouth, and affermed it by zour othe, and by
zour owne writing. Upon which ze made and
ordeined your procurators the ersbishop of
Zork and the bishop of Hereford for to notifie
and declare in zour name thes renunciation

on the Monday following, should be the corona-
tion of the said king at Westminster, and that
all those that could claim any service in the
said coronation should come to the White-hall
of the palace, before the steward, constable,
and marshal of England, on Saturday next, be-
fore the day of the said parliament to make their
just demands in that behalf, and receive right
therein. But as for the shortening the day as-
signed to the parliament there was a Protesta-
tion made by the king, That it was not his in-
tent that thereby any prejudice should be brought
upon the states of his kingdom; nor that the
same for the future should be drawn into ex-
ample; but that such abbreviation of time was
only made for the benefit and profit of the
kingdom, and especially to save the labour and
expences of several of his people, and that the
grievances of the people might be the sooner
remedied.' After which the king arising from
his royal throne, and beholding the people with
a cheerful and benign countenance, retired
himself from thence, all the people rejoicing.
And the same day, in the Whitehall aforesaid,
made a solemn feast to the nobles and gentry,
there in a vast multitude assembled.
Sir William Thirnyng's Account of the Conver-

sation with Richard in the Tower.

And afterwards, viz. on Wednesday next following, the before-named Procurators so deputed as aforesaid, did, according as they were commanded, repair into the presence of the said late king Richard, being within the Tower aforesaid; and the said sir William Thirnyng the justice, for himself and his companions and fellow procurators, in the name of all the states and people aforesaid, did notify and fully declare unto the said Richard, their admission of his said Renunciation, and the manner, cause, and form of such sentence of Deposition, and presently did resign and give back to the said late king Richard, the homage and fealty formerly to him made as aforesaid. With these words:

"The Words which William Thirnyng spake to monsire Richard, late king of England, at the Tower of London, in his chamber, on Wednesday next after the feast of St. Michael the Archangel, were as follow:

"Sire, it is wele know to zou, that ther was a parlement somon'd of all the states of the reaume for to be at Westmystre, and to begin on the Tuesday in the morn of the fest of St. Michel the Archangel, that was zesterday; by cause of the which summons all the states of this lond were there gadyr'd, the which states hole made thes same persones that ben comen here to zowe now, her procurators, and gaven hem full autorite and power, and charged hem for to say the words that we shall say to zowe in her name, and on their behalve; that is to wytten, the bishop of Seint Assa for ersbishoppes and bishoppes, the abbot of Glastenbury for abbots and priours, and all other men of holy chirche, seculers and rewelers, the earle of Gloucestre for dukes and erls, the lord of

and cession at Westmynstre to all the states, and all the people that was there gadyr'd. bycause of the summons aforesaid, the which thus don yesterday by thes lords zour procuratours, and wele herde and understouden, thes renunciation and cession were plenelich and frelich accepted, and fullich agreed by all the states and people aforesaid. And over this, sire, at the instance of all thes states and people, there ware certain articles of defautes in zour governance zedde there, and tho wele herd and pleinelich understouden to all the states foresaid, hem thoght hem so trewe, and so notorie, and knowen, that by tho causes and by no other, as thei sayd, and havyng consideration to zour own wordes in zour own renunciation and cession, that ze were not worthy, no sufficient ne able for to governe, for zour owne detnerites, as it is more pleinelich contened therein; hem thoght that was resonable and cause for to depose zowe, and her commissaries that they made and ordein'd, os it is of record, ther declared and decrced and adjudged zow for to be deposed, and pryved zowe of the astate of king, and of the lordeship conteined in the renunciation and cession forsayd, and of all the dignite and wyrshippe, and of all the administration that longed thereto. And we procurators to all thes states and people forsayd os we be charged by hem, and by her autorite gyffen us, and in her name zelde zow uppe for all the states and people forsayd, homage, leige and feaute, and all leigeance, and all other bondes, charges, and services thar long thereto, and that non of all thes states and people fro thys tyme forward ne bere zowe feyth, ne do zowe obeisance os to that king.-And he answered and seyd, that he loked not ther after, but be seyd, that after all this he hoped that is cosyn wolde be gude lord to hym."

be guided by law, and not by examples and precedents. That however, the deposing of Edward 2, was no more to be urged, than the poisoning of king John, or the murder of any other prince: but even in the deposing of Edward 2 care was taken to preserve the rights of the lawful successor.' What the bishop had hitherto said, might pass for reasons to question whether Richard 2, could be lawfully deposed. At most, it might be considered as the private opinion of the speaker. But towards the conclusion of his speech, he launched out strangely against Henry, and expressed a passion very injurious to the reasons he had alledged. He said,It was to be feared the people of England would soon find themselves in the case of Esop's frogs, boldly adding, as long as Richard was alive, the English could not with justice own any other sovereign. In fine, he maintained, that the person whom they called king had committed much more heinous crimes than those for which Richard was deposed that he had, after his banishment, entered the kingdom, contrary to his oath, and without being legally recalled: that, not content with disturbing the quiet of the land, by an unjust and impious insurrection against his sovereign, he had moreover dispossessed him: that he had also demanded judgment against him, without offering to prove his accusation, or permitting the party accused to make his defence, contrary to the express laws of the realm.' He concluded with say

sovereign should be not only detrimental, but even intolerable to his subjects, he could not be lawfully deposed by any means whatever : that force could not be used, without incurring the crime of rebellion and treason; and much less authority, since there was not in the state any lawful authority but what was derived from him. He produced arguments and precedents from the holy scriptures and prophane authors, which cannot be repeated without being excessively tedious.-Upon the second Article, he boldly asserted, That the crimes for which Richard was deposed, were either false or aggravated; that indeed, he might be guilty of some errors or oversights, but his faults could not be styled tyranny: that if his failings afforded just cause to depose him, how many sovereigns would daily be treated as tyrants, and deposed by their subjects? every tax, execution of rebels, in a word, whatever was not relished by the people, would furnish a pretence to dethrone the most lawful prince. He passed over the more slightly the proofs of this second head, as the parliament itself seemed to question the truth of the crimes alledged against Richard, since there was no step taken to prove them in a legal manner. By the way, it is very likely that for fear of this reproach, the commons wanted to proceed in form against the deposed king.-Upon the third Article the bishop maintained, that even supposing Richard guilty, and granting the nation had authority to depose him, there was not the least colour of justice to give the crowning, That if the wrong done Richard was to the duke of Lancaster. That if the duke not capable of moving the hearts of the Engwas the true heir of Richard, as he pretended, lish, at least their common and manifest danhe must wait his death before he could inherit. ger ought to stop the course of these violent But that it was known to all there was a proceedings.' (b) nearer heir, whose father was declared successor of Richard by act of parliament.' As for Henry's pretended right from Edmund Crouchback, son of Henry 3, the bishop disdained to consider it, affirming, he was very certain, that people of sense were ashamed of a right, built upon so slender a foundation.'After that the orator proceeded to examine the other two titles contained in the king's preclamation, namely, conquest and Richard's resignation. To the first he said, 'That a subject could never pretend to a right of conquest against his sovereign, since the victory itself was high and heinous treason.' As for the resignation, he said, it was not only extorted by force, but supposing it voluntary, could be of no validity: that in Richard's situation, it was not in his power to make a valid act: that besides, since by the laws of the land the king could not alienate the crown jewels, much less surely could he give away the crown itself.' Then he spoke of the general consent of the people, though Henry had not thought proper to insist upon it, That the kingdom of England having never been elective, it was ridiculous to ascribe to the people the power of disposing of the crown.' Lastly, he replied to the objection, which might be alledged from the deposing of Edward 2. "That wise men must

6

This Speech produced not the effect the Speaker expected. It was so unseasonable, that, supposing the majority had been of his mind, it was impossible to recede from what had been done. But most of the members persisted in the same maxims they had followed when Richard was deposed. Accordingly, the bishop reaped no other fruit from his harangue than to be confined in the abbey of Saint Albans, from whence, however, he was shortly released without further punishment (c).-The bishop of Carlisle's opinion being unanimously rejected, the parliament came, with regard to Richard, to a resolution seemingly so extraordinary, that there is some reason to suspect that history is defective in this place. Howall the historians agree, that it was resolved, Richard should be kept in confinement

ever,

(b) For the Bishop's Speech at length, see 1 Cobb. Parl. Hist. 274.

(c) He was deprived of his bishoprick, and had the titular see of Samos conferred on him by the pope. Walsin. p. 364. There is a writ for the restitution of the temporalties of the see of Carlisle, to William Styrkland, or Strickland, his successor, dated November 15, this year 1399. See Rymer's Fœd, tom. 8. p.

106.