An act of councell touching this matter, in manner as followeth.

Additions to Polychron.

MEMORANDUM that on the fiue and twentith day of August, in the 11 yeare of the reigne of king Richard the second, at the castell of Notingham aforesaid, Robert Trisilian lord chiefe iustice of England, Robert Belknap lord chiefe iustice of the cōmon plees, Iohn Holt, Roger Fulthorpe, & William Borough, knights and associats of the said Robert Belknap, and Iohn Lockton one of the kings sergeants at the law, being pesonalie required in presence of the lords and other witnesses vnder written by our said souereigne lord the king, in that faith and allegiance in which to him they were bounden, that they should trulie answer to certeine questions vnderwritten, and vpon the same by their discretions, to saie the law.

Questions in law demāded of the iustices.

1 First, it was asked of them, whether the new statute, ordinance, and commission made in the last parlement held at Westminster, be hurtfull to the kings prerogatiue. Wherevnto all of one mind answered, that they were hurtfull, and speciallie bicause they be against the kings will.

2 Item, it was inquired of them, how they ought to be punished, that procured the said statute, ordinance, and commission to be made. Wherevnto with one assent they answered, that they deserued death, except the king of his grace would pardon them.

3 Item, it was inquired, how they ought to be punished, which moued the king to consent to the making of the said statute, ordinance, and commission. Wherevnto they answered, that vnlesse the king would giue them his pardon, they ought to lose their liues.

4 Item, it was inquired of them what punishment they deserued, that compelled the king to the making of that statute, ordinance and commission. Wherevnto they gaue answer, that they ought to suffer as traitors.

5 Item, it was demanded of them how they ought to be punished that interrupted the king so, that he might not exercise those things that apperteined to his regalitie and prerogatiue. Wherevnto answer was made, that they ought to be punished as traitors.

6 Item, it was inquired of them, whether that after the affaires of the realme, and the cause of the calling togither of the states of the parlement, were once by the kings commandement declared and opened, and other articles on the kings behalfe limited, vpon which the lords and commons of the realme ought to intreat and proceed; if the lords neuertheles would proceed vpon other articles, and not meddle with those articles which the king had limited, till time the king had answered the articles proponed by them, not­with­stand­ing the king inioined them to the contrarie: whether in this case the king might rule the parlement, and cause them to proceed vpon the articles by him limited, before they proceeded any further? To which question it was answered, that the king should haue in this part the rule, for order of all such articles to be prosecuted, vntill the end of the parlement. And if any presumed to go contrarie to this rule, he was to be punished as a traitor.

7 Item, it was asked, whether the king when soeuer it pleased him might not dissolue the parlement, and command the lords and commons to depart from thence or not? Wherevnto it was answered that he might. |783|

8 Item, it was inquired, that for somuch as it was in the king to remooue such iustices and officers as offend, and to punish them for their offenses; whether the lords commons might, without the kings will, impeach the same officers and iustices, vpon their offenses in parlement or not? To this answer was made, that they might not, and he that attempted contrarie, was to suffer as a traitor.

9 Item, it was inquired, how he is to be punished, that mooued in the parlement, that the statute wherin Edward, the sonne of king Edward, great grandfather to the king that now is, was indicted in parlement, might be sent for; by inspection of which statute, the said new statute or ordinance and commission were conceiued, and deuised in the parlement?

To which question, with one accord, as in all the residue they answered, that as well he that so summoned, as the other, which by force of the same motion, brought the said statute into the parlement house, be as publike offendors and traitors to be punished.

10 Item, it was inquired of them, whether the iudgment giuen in the parlement against Michaell de la Poole earle of Suffolke, were erronious and reuocable, or not?

To which question likewise with one assent they said, that if the same iudgement were now to be giuen, the iustices and sergeant aforesaid would not giue the same: bicause it seemed to them, that the said iudgment is reuocable and erronious in euerie part.

In witnesse of the premisses, the iustices & sergeant aforesaid to these presents haue set their seals, these being witnesses; Alexander archbishop of Yorke, Robert archbishop of Dubline, Iohn bishop of Durham, Thomas bishop of Chester, Iohn bishop of Bangor, Robert duke of Ireland, Michaell erle of Suffolke, Iohn Ripon clearke, and Iohn Blake.

Thom. Wals.

The lords indicted of diuerse offenses.

Now beside these iustices and sergeant, there were called at that present vnto Notingham, all other iustices of the realme, and the shiriffes. Also, diuerse of the citie of London, which the king knew would incline to his will, the rather; for that some of them, hauing aforetime confessed treason against the king by them imagined, and obteining pardon for the same, were readie at his commandement, to recompense such fauour, in the accomplishment of whatsoeuer they knew might stand with his pleasure. Herevpon, they being impanelled to inquire of certeine treasons that were supposed to be committed by the lords, which in the last parlement had so caused things to passe, contrarie to the kings pleasure, indicted the same lords of manie crimes informed against them. ¶ The Londoners indeed were euill reported of in those daies, by some writers, for their vnstablenesse, one while holding on the kings part, and with such as were chéefe in counsell about him; and an other while on the lords side that were of a contrarie faction: according as the streame of their affections draue them, and as they were carried awaie perforce by the floud of their variable willes, whereby they were diuided into differing passions, as they were assaulted by sundrie and vncerteine desires: which is the nature of the people, as the poet noteth, saieng:

Scinditur incertum studia in contraria vulgus.

Why the shiriffes of all shires were sent for to the court.

Soldiers reteined on all sides by the king against the lords.

But now, as concerning the cause whie the shiriffes were called hither, it was chéeflie to vnderstand what power of men they might assure the king of, to serue him against the lords and barons, whome he tooke to be his enimies: and further, that where he meant to call a parlement verie shortlie, they should so vse the matter, that no knight might be chosen, but such as the king and his councell should name. But answer was made herevnto by the shiriffes, that the lords were so highlie beloued of the commons, that it laie not in their powers to assemble any great forces against the lords; and as for choosing the knights of the shires, they said that the commons would vndoubtedlie vse their ancient liberties, and priuileges, in choosing such as they thought meetest. But yet, after that the indictments were found, according to the desire of the king and his councellors, and that those which had béene called about this matter, were licenced to depart home; the king and the duke of Ireland sent messengers into euerie part of the realme, to reteine men of warre to assist |784| them in the quarell against the lords, if néed were. Manie made answer, that sith they knew the lords to be faithfull and loiall to the king, euen from the bottome of their hearts, and were readie to studie, to deuise, and to doo all things that might tend to his honor, and wealth of the realme; they might not by anie meanes beare armour against them. But a great number of other, that tooke it that they were reteined for a good and necessarie purpose, promised to be readie, whensoeuer it should please the king to send for them.

The duke of Glocesters protestation vpon his oth.

The lords being in this meane while aduertised of these dooings, were striken with great heauinesse, for that not knowing themselues (as they tooke it) giltie of anie offense, the king should thus seeke their destruction. Herewith the duke of Glocester, meaning to mitigate the kings displeasure, receiued a solemne oth before the bishop of London, and diuerse other lords, protesting by the same oth, that he neuer imagined, nor went about any thing, to the kings hinderance, but to his power had alwaies doone what he might to aduance the kings honor, prosperous state and good liking, except onelie that he had giuen no good countenance to the duke of Ireland, whom the king so much loued. And suerlie for that the said duke had dishonored his kinswoman, and the kings also, he was firmelie determined to reuenge that iniurie vpon him; and herewith he besought the bishop of London to declare what his words were vnto the king.

Stout words of the bishop of London.

The bishop comming to the king, made report of the duke of Glocesters protestation, confirmed with his oth, in such wise, as the king began somewhat to be persuaded that it was true. But when the earle of Suffolke perceiued that, fearing least the reconciliation of the king and the duke his vncle should turne to his vndooing, he began to speake against the duke, till the bishop bad him hold his peace; and told him, that it nothing became him to speake at all. And when the earle asked why so; “Bicause (said the bishop) thou wast in the last parlement condemned for an euill person, and one not worthie to liue, but onelie it pleaseth the king to shew thée fauour.” The king offended with the bishops presumptuous words, commanded him to depart & get him home to his church, who foorthwith departed, and declared to the duke of Glocester what he had heard and séene. Herevpon, the great misliking that had beene afore time betwixt the king and the lords, was now more vehementlie increased, the duke of Ireland, the earle of Suffolke, the archbishop of Yorke, the lord chiefe iustice Robert Trisilian, and others, still procuring, stirring, and confirming the kings heauie displeasure against the lords.

The lords confer how to preuēt the perils pretended against them.

The earle of North­um­ber­land sent to apprehend the earle of Arundell.

The duke of Glocester considering to what conclusion these things tended, came secretlie to conference with the earles of Arundell, Warwike, and Derbie, who were in like danger, if they prouided not more spéedilie for their safetie, wherevpon he discouered to them the perill wherein they all stood in common, so that when they weied what was the most expedient meane to safe gard their liues, they gathered their power togither, determining to talke with the king with their armour vpon their backes, for their more suertie, as well concerning his pretense to bring them to their deaths, as for the fauour which he bare to those whom they reputed to be traitors, both to him, and to the whole state of the realme, whereby the same could not auoid spéedie ruine, if remedie were not the sooner prouided. The king on the other part tooke aduise, how he might apprehend these lords (whom he tooke to be plaine traitors) ech one apart, before they might gather their strengths about them; and first, he sent the earle of North­um­ber­land and others, vnto the castell of Reigate, to take the earle of Arundell, who laie there at that present. But howsoeuer it fortuned, the earle of North­um­ber­land came backe, and failed to accomplish that which he had in commandement.

The earle of Arundell ioineth with the other lords.

After this, a great number were sent by night, to haue laid hands on him, and to haue brought him to the kings presence; or in case he resisted, to haue slaine him, if by any meanes they might: but he being warned by a messenger, that came to him from the duke of Glocester, conueied himselfe awaie, and with such bands as he had got togither, rode all that night, so that in the morning hauing passed thirtie miles, not without great trauell, and |785| all speed possible, he was in the morning aduanced to Haringie parke, where he found the duke of Glocester, and the earle of Warwike, with a great power of men about them. ¶ At the same time the king was about to set forward towards Canturburie, there to performe some vow of pilgrimage, which he had vndertaken to make vnto the shrine of Thomas Becket. But a brute was raised, and a slander (belike) contriued, to bring him in further hatred of his subiects, that he meant to steale ouer into France, vnto the French king, hauing promised to deliuer vp into his hands the towne of Calis, with the castell of Guines, and all the fortresses which his predecessors had possessed in those parties, either by right from their ancestors, or by warlike conquest.

Councell taken how to deale against the lords.

Howbeit this his iournie to Canturburie was suddenlie staied, vpon knowledge had of the gathering togither of the lords in Haringie parke, wherewith the king being sore amazed, called togither such as he trusted, to vnderstand what their opinion was of the matter; and vnderstanding that the purposed intention of the lords, for which they were so assembled, was to this end (as they pretended) to bring him vnto a better trade of life, and more profitable order of gouernement, he was streight striken with no small feare, demanding of them their aduise, what was best for him to doo in such troublesome state of things. Some were of this mind, that it should be best to séeke to appease the lords with faire promises, assuring them, that they should haue their desires. Other thought it better to assemble the kings friends, and ioining them with the Londoners, to go foorth and trie the hazard of battell with the lords. Among them that were of this mind, the archbishop of Yorke was the chiefest. But other that were thought to vnderstand more of the world than he did, iudged it not wisedome so to doo, considering that if the king lost the field, then should great harme and dishonor follow; and if the victorie fell to his side, yet could he gaine naught, but lose a great number of his subiects.

The lords send messengers to the king.

This was in Nouember, at what time the king, vpon his returning from Canturburie, meant to haue holden a parlement; but through those stirs, neither his iournie to Canturburie, nor the parlement went forward: yet he caused order to be giuen, that no citizen of London should sell to the duke of Glocester, the earle of Arundell, or any other of the lords, any armour, bowes, arrowes, or other munition, or matter that might tend to the furniture of warre, vpon a great paine. But not­with­stand­ing, the lords went forward with their businesse; and before they approched the citie of London, they sent to the king the archbishop of Canturburie, the lord Iohn Louell, the lord Cobham, and the lord Iohn Deuereux, requiring to haue deliuered vnto them such as were about him, that were traitors and seducers both of him and the realme, that sought nothing else, but to trouble both poore and rich, and to sow discord and variance betwixt the king and his nobles. And further, they declared that their comming was for the honor and wealth both of the king and realme.

A rash answer of the maior of London.

The Londoners refuse to fight against the lords.

But the king being ruled altogither by the duke of Ireland, the earle of Suffolke, and two or three other, was fullie persuaded that the lords intended to bring him vnder their gouernement, and therfore he was counselled to make the French king his sure friend in all vrgent necessities. And to be assured of him, it was reported, that those councellors aduised him to render vp into the French kings hands the towne of Calis, and all that he had else in possession, on the further side of the sea. Howsoeuer this matter went, truth it is, that the king sent for the maior of London, requiring to know of him how manie able men they thought the citie could make. The maior answered, that he thought verely the citizens might make in time of need, fiftie thousand men, within an houres respit. Well said the king, then I beseech you go and prooue what will be done. But when the maior began to attempt the matter, he was answered generallie, that they would neuer fight against the kings freends, and defenders of the realme (as indeed they tooke the lords to be) but against the enimies of the king and realme they would alwaies be readie to fight, and shew what resistance they were able. This answer the maior reported to the king. |786|

The earle of North­um­ber­lands and the lord Bassets words to the king in the behalfe of the lords.

At the same time there was about the king the lord Rafe Basset, who said thus to the king flatlie and plainelie: “Sir, I haue béene, and euer will be your true liege man, and my bodie and goods shall euer be at your graces commandement, in all iustice and trueth. But neuerthelesse, hereof I assure you, that if my hap be to come into the field, I will without faile alwaies follow the true part; and it is not I that will aduenture to haue my head broken for the duke of Irelands pleasure.” Likewise, the earle of North­um­ber­land, being at that time in the court, spake these words to the king; “Sir, there is no doubt but these lords, who now be in the field, alwaies haue beene your true and faithfull subiects, and yet are, not intending to attempt anie thing against your state, wealth, & honor. Neuerthelesse, they féele themselues sore molested and disquieted, by the wicked deuises of certeine persons about you, that seeke to oppresse them. And verilie without faile, all your realme is sore greeued therewith, both great and small, as well lords as commons; and I sée not the contrarie, but they mind to aduenture their liues with the lords that are thus in armes, speciallie in this case, which they reckon to be yours and your realmes. And sir, now yée be in the cheefe place of your realme, and in the place of your coronation, order your selfe now therefore wiselie and like a king. Send to them to come before your presence in some publike place, where they may declare vnto you the intent and purpose of their comming, accompanied with so great a number of people into these parts, and I beléeue it verelie, they will shew such reasons that you will hold them excused.”

The lords take an oth togither, to prosecute their purposed enterprise.

The archbishop of Canturburie, and the lord chancellor bishop of Elie, and other of the bishops also there present, affirmed the earles aduise to be good. And the king considering wiselie the case as it stood, began to be appeased, and accorded to follow their aduise, desiring the archbishop of Canturburie, and the bishop of Elie, to aduertise them of his plesure, which was, that he willed them to come to him to Westminster, on sundaie then next following; and so they repairing to the lords, made report to them of the kings mind and purpose. But the duke of Glocester, and the other lords, were so fullie bent in their opinion, that they swore all whole togither, that they would neuer giue ouer their enterprise, so long as they had a penie to spend, in maintenance of their cause: and if it chanced anie of them to depart this life, the ouerliuers should persist therein, vntill the time that they had brought their purpose to some good effect.

The lords séeke the fauour of the Londoners.

Thom. Wals.

And bicause they doubted least the king might stirre the citie of London against them, they determined first to aduertise the maior and the citie, how their comming was onlie to reforme certeine great enormities, which they set downe in writing, & sent it to the maior and citizens, beseeching them of their fauour and counsell therin. This doone, they determined yet to kéepe their daie on the sundaie following, to appeare before the kings presence: but this was not got of them, till that the lord chancellor, with diuerse other noblemen of good credit, had vndertaken vpon their oths for the kings behalfe, that no fraud nor deceipt, no perill nor euill pretense should be put in practise against the lords, wherby they might come to losse either of life, limme, or goods, or otherwise, through the kings means; but that if he should go about anie such things, the said lord chancellor and other the mediators should forwarne the lords therof.

An ambush at Mewes.

When therefore the lords were readie, according to couenant, to come vnto Westminster, they were secretlie aduertised, that there was an ambush laid in a place called the Mewes, and so they staied, and came not at the appointed houre. Wherevpon, when the king demanded, how it fortuned that the lords kept not promise, the bishop of Elie lord Chancellor made him this answer; “Bicause” saith he, “there is an ambush of a thousand armed men or more laid in such a place (and named it) contrarie to couenant, and therefore they neither come nor hold you for faithfull of your word.” The king hearing this, was astonied, and said with an oth, that he knew of no such thing, & withall sent to the shiriffes of London, commanding them to go to the Mewes, and (vpon search made) if they found anie force of men there assembled, to take and kill all such as they |787| could laie hands vpon. But sir Thomas Triuet, and sir Nitholas Brambre, knight, that had in déed assembled such a number of men, when they vnderstood what order the king had giuen therein, they sent their men backe to London.

The lords come before the kings presence in Westminster hall.

The lord chācelor speaketh for the king to the lords.

The lords, after this, receiuing a safe conduct from the king, and perceiuing all to be safe and cleare, came vnto Westminster with a strong power of men about them. The king, when he heard they were come, apparelled himselfe in his kinglie robes, and with his scepter in hand came into the great hall at Westminster. The lords as soone as they had sight of him, made to him their humble obeisance, & went foorth till they came to the nether steps, going vp to the kings seat of state, where they made their second obeisance; & then the king gaue them countenance to come néerer to him, & they so did, kneeling downe before him, & foorthwith he rose from his place, and louinglie welcomming them, tooke each of them by the hand, and that doone sate him downe againe. Herewith the bishop of Elie lord chancellor, as mouth to the king, declared vnto these lords in effect as followeth. “My lords (said he) our souereigne lord the king, hearing that you were assembled in Haringie parke, in other maner than was conuenient, would not foorthwith run vpon you with force to destroie you, as he might easilie haue doone, if he had not wished your safetie; for no man doubteth, but if his pleasure had béene to gather an armie, he might haue had more people than you could haue got to haue taken part with you against him, and so happilie much bloud might haue béene spilt, which thing certeinlie our souereigne lord the king vtterlie abhorreth: and therefore vsing patience and mildnesse, he hath rather chosen to talke with you in peaceable wise, that he may vnderstand the cause whie yée haue assembled so great a number of people togither.”

The answer of the lords & their gréefes.

The king reprooueth the lords dooings.

The lords for answer héerevnto said, that “they assembled their forces togither, for the profit both of the king and realme, and speciallie to take awaie from him such traitors as remained continuallie about him; to wit, Robert de Veer duke of Ireland, Alexander Neuill archbishop of Yorke, Michaell de la Poole erle of Suffolke, Robert Trisilian that false iustice, and sir Nicholas Brambre, that disloiall knight of London: for so they tearmed them all. And to prooue their accusations true, they threw downe their gloues, protesting by their oths to prosecute it by battell.” “Naie (saith the king) not so, but in the next parlement, which we doo appoint before hand to begin the morrow after the Purification of our ladie, both they and you appearing, shall receiue (according to law) all that which reason shall appoint. And now to you my lords I speake, by what meane or by what reason durst you so pre­sump­tu­ous­lie take vpon you within this my land to rise thus against me? Did you thinke to feare me with such your presumptuous boldnesse? Haue I not armed men sufficient to haue beaten you downe, compassed about like a sort of deere in a toil? If I would: trulie in this behalfe I make no more account of you, than of the vilest skullions in my kitchen.”

The king taketh both parties into his protection.

Grafton.

When he had said these words, with much more, he lift vp the duke of Glocester that all this while knéeled afore him, and commanded the residue to rise also. After this he led them courteouslie to his chamber, where they sate and dranke togither. And finallie it was concluded, that they should all méet togither againe at the next parlement, and ech one to receiue according to iustice: and in the meane time the king tooke aswell the duke of Glocester, as the duke of Ireland into his protection, so that neither part in the meane time should hurt the other, nor presume to make any gathering of people vntill the time prefixed: and so this councell brake vp, and the lords departed. These things yet were doone in absence of the forenamed persons whom the lords accused, for they durst not appeare in presence of the lords; for if they had béene espied, they had smarted for it, as was thought, without any respect that would haue béene had of the kings presence. And now, for somuch as it should be well knowne through all the citie, that these lords had nothing offended him with their comming, the king caused a proclamation to be made, the tenour whereof was as followeth. |788|