"Hotspur commenced by reminding the council of his repeated applications for payment of the money due to him as Warden of the East March; and then alluded to the other sums owing to his father and himself, and to the promise made by the treasurer, when he was last in London, that, if it were agreeable to the council, 2,000 marks should be paid him before the February then last past. He said he had heard that at the last parliament, when the necessities of the realm were explained by the lords of the great council to the barons and commons, the war allowance was demanded for all the marches, Calais, Guienne and Scotland, the sea, and Ireland; that the proposition for the Scotch marches was limited to 37,000l.; and that, as the payment for the marches in time of truce, due to his father and to him, did not exceed 5,000l. per annum, it excited his astonishment that it could not be paid in good faith; that it appeared to him either that the council attached too little consideration to the said marches, where the most formidable enemies which they had would be found, or that they were not satisfied with his and his father's services therein; but, if they made proper inquiry, he hoped that the greatest neglect they would discover in the marches was the neglect of payment, without which they would find no one who could render such service. On this subject he had, he said, written to the King, entreating him that, if any injury occurred to town, castle, or march, in his charge, from default of payment, he might not be blamed; but that the censure should rest on those who would not pay him, agreeably to his Majesty's honourable command and desire. He begged the council not to be displeased that he wrote ignorantly in his rude and feeble manner on this subject, because he was compelled to do so by the necessities not merely of himself, but of his soldiers, who were in such distress, that, without providing a remedy, he neither could nor dared to go to the marches; and he concluded by requesting the council to take such measures as they might think proper."
Two letters from the Earl of Northumberland, the one to the council in May, the other to the King, dated 26th June 1403, breathe the same spirit with those of his son Hotspur, and would have led us to anticipate the same subsequent conduct; at least they ought to have prepared the King and council for the resentments of two such men, overflowing with bitter indignation at the neglect and injustice with which they considered themselves to have been treated.
"The last of these letters (we quote throughout the words of the same Editor) is extremely curious. Northumberland commenced by acknowledging the receipt of a letter from the King, wherein Henry has expressed his expectation that the Earl would be at Ormeston Castle on the day appointed, and in sufficient force, without creating any additional expense to his Majesty; but that, on consideration, the King, reflecting that this could not be the case without expenses being incurred by the Earl and his son Hotspur, had ordered some money to be speedily sent to them. Of that money the Earl said he knew not the amount, nor the day of payment; that his honour, as well as the state of the kingdom, was in question; and that the day on which he was to be at Ormeston was so near, that, if payment was not soon ordered, it was very probable that the fair renown of the chivalry of the realm would not be maintained at that place, to the utter dishonour and grief of him and of his son, who were the King's loyal subjects; which they believed could not be his wish, nor had they deserved it. 'If,' the Earl sarcastically observed, 'we had both been paid the 60,000l. since your coronation, as I have heard you were informed by those who do not wish to tell you the truth, then we could better support such a charge; but to this day there is clearly due to us, as can be fully proved, 20,000l. and more.' He then entreated the King to order his council and treasurer to pay him and his son a large sum conformably to the grant made in the last parliament, and to their indentures, so that no injury might arise to the realm by the non-payment of what was due to them.' To this letter he signed himself 'Your Matathias, who supplicates you to take his state and labour to heart in this affair.'"
There is so much sound reasoning also and good sense in the review of these proceedings, presented to us by the same pen, that we cannot do better than adopt it. The Author's subsequent researches have all tended to confirm that Editor's view:
"This letter preceded the rebellion of the Percies by less than four weeks; and that event may, it is presumed, be mainly attributed to the inattention shown to their requests of payment of the large sums which they had expended in the King's service. They were not only harassed by debts, and destitute of means to pay their followers, but their honour, as the Earl expressly told the King, was involved in the fulfilment of their engagements; a breach of which not only exposed them to the greatest difficulties, but, in the opinion of their chivalrous contemporaries, perhaps affected their reputation. That under these circumstances, and goaded by a sense of injury and injustice, the fiery Hotspur should throw off his allegiance, and revolt, is not surprising; but it is matter of astonishment that Henry should have hazarded such a result. To the house of Percy he was chiefly indebted for the crown; and it is scarcely credible that at the moment of their defection it could have been his policy to offend them. The country was at war with France and Scotland, Wales was then in open rebellion, and Henry was far from satisfied of the general loyalty of his subjects. Can it be believed that he desired to increase his enemies by adding the most powerful family in the kingdom to the number? Nor can Henry's constant efforts to prevent the people from becoming disaffected, be reconciled with the wish to excite discontent in two of the most influential and distinguished personages in the realm. It is shown in another part of this volume, (Minutes of Privy Council,) that the King had not the slightest suspicion of Hotspur's revolt until it took place; and it appears that, when he heard of it, he was actually on his route to join that chieftain, and, to use his own words to his council, 'to give aid and support to his very dear and loyal cousins, the Earl of Northumberland and his son Henry, in the expedition which they had honourably commenced for him and his realm against his enemies the Scotch.' Instead of refusing to pay to the Percies the money which they claimed, from the desire to lessen their power, or to inflict upon them any species of mortification, all which is known of the state of this country justifies the inference that Henry had the strongest motives for conciliating that family. The neglect of their repeated demands seems, therefore, to have arisen solely from his being unable[148] to comply with them; and the King's pecuniary embarrassments are shown by the documents in this work to have been of so pressing and so permanent a nature, that there is no difficulty in believing such to have been the case. It is deserving of observation, however, that the discontent which is visible in the letters of Hotspur and his father, is as much at the conduct of the council as at that of the King; and jealousy of their superior influence with Henry, and possibly a suspicion that they endeavoured to injure them in his estimation, as well as to impede their exertions in his service, by withholding the necessary resources, may have combined with other causes in producing their disaffection."[149]
Not Shakspeare only, in his highly-wrought scene at the Archdeacon of Bangor's house, but our historians also and their commentators, instruct us to refer to a point of time very little subsequent to the date of the last letter from the Earl of Northumberland the celebrated Tripartite Indenture of Division. Shakspeare has traced, with such exquisite designs and shades of colouring, the different characters of the contracting parties in their acts and sentiments, and has thrown such vividness and life and beauty into the whole procedure, that the imagination is led captive, superinducing an unwillingness to doubt the reality; and the mind reluctantly engages in an examination of the truth. But, consistently with the principles adopted in these Memoirs, the Author is compelled to sift the evidence on which the genuineness of the treaty depends. The document, if it could have been established as trustworthy, could not have failed to be interesting to every one as a fact in general history, whilst the English and Welsh antiquary must in an especial manner have been gratified by being made acquainted with its particular provisions. At all events, whatever opinion may be ultimately formed of its character as the vehicle of historical verity, it is in itself too important, and has been too widely recognised, to be passed over in these pages without notice.
Sir Henry Ellis, to whom we are indebted for having first called attention to the specific stipulations of this alleged treaty, with his accustomed perspicuity and succinctness thus introduces the subject to his reader:
"Sir Edmund Mortimer's letter is dated December 13 (1402), and the Tripartite Indenture of Partition was not fully agreed upon till toward the middle of the next year. The negociation for the partition of the kingdom seems to have originated with Mortimer and Glyndowr only. The battle of Shrewsbury was fought on July 21st, 1403. The manuscript chronicle, already named, compiled by one of the chaplains[150] to King Henry V, gives the particulars of the final treaty, signed at the house of the Archdeacon of Bangor, more amply than they can be found elsewhere. The expectation declared in this treaty that the contracting parties would turn out to be those spoken of by Merlin, who were to divide amongst them the Greater Britain, as it is called, corroborates the story told by Hall. The whole passage is here submitted to the reader's perusal: the words are evidently those of the treaty." The reader is then furnished with a copy of the Latin original: but, since no point of the general question as to its genuineness appears to be affected by the words employed, the following translation is substituted in its place.
TRIPARTITE INDENTURE OF DIVISION.
"This year, the Earl of Northumberland made a league and covenant and friendship with Owyn Glyndwr and Edmund Mortimer, son of the late Edmund Earl of March, in certain articles of the form and tenor following:—In the first place, that these Lords, Owyn, the Earl, and Edmund, shall henceforth be mutually joined, confederate, united, and bound by the bond of a true league and true friendship, and sure and good union. Again, that every of these Lords shall will and pursue, and also procure, the honour and welfare one of another; and shall, in good faith, hinder any losses and distresses which shall come to his knowledge, by any one whatsoever intended to be inflicted on either of them. Every one, also, of them shall act and do with another all and every those things which ought to be done by good, true, and faithful friends to good, true, and faithful friends, laying aside all deceit and fraud. Also, if ever any of the said Lords shall know and learn of any loss or damage intended against another by any persons whatsoever, he shall signify it to the others as speedily as possible, and assist them in that particular, that each may take such measures as may seem good against such malicious purposes; and they shall be anxious to prevent such injuries in good faith; also, they shall assist each other to the utmost of their power in the time of necessity. Also, if by God's appointment it should appear to the said Lords in process of time that they are the same persons of whom the Prophet speaks, between whom the government of the Greater Britain ought to be divided and parted, then they and every of them shall labour to their utmost to bring this effectually to be accomplished. Each of them, also, shall be content with that portion of the kingdom aforesaid limited as below, without further exaction or superiority; yea, each of them in such portion assigned to him shall enjoy equal liberty. Also, between the same Lords it is unanimously covenanted and agreed that the said Owyn and his heirs shall have the whole of Cambria or Wales, by the borders, limits, and boundaries underwritten divided from Leogoed which is commonly called England; namely, from the Severn sea, as the river Severn leads from the sea, going down to the north gate of the city of Worcester; and from that gate straight to the ash-trees, commonly called in the Cambrian or Welsh language Ouuene Margion, which grow on the high way from Bridgenorth to Kynvar; thence by the high way direct, which is usually called the old or ancient way to the head or source of the river Trent; thence to the head or source of the river Meuse; thence as that river leads to the sea, going down within the borders, limits, and boundaries above written. And the aforesaid Earl of Northumberland shall have for himself and his heirs the counties below written, namely, Northumberland, Westmoreland, Lancashire, York, Lincoln, Nottingham, Derby, Stafford, Leicester, Northampton, Warwick, and Norfolk. And the Lord Edmund shall have all the rest of the whole of England entirely to him and his heirs. Also, should any battle, riot, or discord fall out between two of the said Lords, (may it never be!) then the third of the said Lords, calling to himself good and faithful counsel, shall duly rectify such discord, riot, and battle; whose approval or sentence the discordant parties shall be held bound to obey. They shall also be faithful to defend the kingdom against all men; saving the oak on the part of the said Owyn given to the most illustrious Prince Charles, by the grace of God King of the French, in the league and covenant between them made. And that the same be, all and singular, well and faithfully observed, the said Lords, Owyn, the Earl, and Edmund, by the holy body of the Lord which they now stedfastly look upon, and by the holy Gospels of God by them now bodily touched, have sworn to observe the premises all and singular to their utmost, inviolably; and have caused their seals to be mutually affixed thereto."