A history of England principally in the seventeenth century, Volume 1 (of 6)

by Leopold von Ranke

But further besides these feuds there was one within the State system itself which now became most conspicuous.

In the midst of the general ferment how necessary had a strong and resolute hand become! But Richard's government had shown itself somewhat weak; by many it was suspected of having meant to turn the disturbances to its own advantage. The commons, who mainly represented the lower gentry and the upper citizens, abandoned him, and attached themselves to the nobles, just as these revived their old jealousy against the crown. For the almost inevitable result of success in suppressing a popular agitation is to heighten the self-confidence of an aristocracy. Impatient at being excluded from all share in the government, and strengthened in his ambition by the military disasters of the last years, the youngest of Richard's uncles, Thomas of Gloucester, put himself at the head of the grandees, whose plans the commons, instead of opposing, now on the contrary adopted as their own. The great questions arose, which have so often since then convulsed the European world, as to the relation of a Parliamentary assembly to the Monarchy, and their respective rights.

The first demand of the English Parliament was that the ministers of State should be named by it, or at least should be responsible to it. Much as this demand itself implies, yet even more extensive views were behind. The Peers told the King plainly that if he would not rule according to the common law and with their advice, it was competent for them to depose him, with consent of the people, and to raise another of the royal house to the throne;[59] they threatened him openly with the fate of Edward II.

Richard could do nothing but submit. Eleven lords were appointed to restore order in the country; Richard had to swear to carry out all they should ordain (November 1386). There remained but one way by which to oppose this open violence: the King collected the chief judges at Nottingham, and laid the question before them, whether the Commission now forced upon him did not contravene the royal power and his prerogative. The judges were far from so interpreting the Constitution of England as to allow that the King is unconditionally bound by the commands of Parliament. They affirmed under their hand and seal that the appointment of that Commission against the King's will contravened his legal prerogative; those by whom he had been forced to accept it, and who had revived the recollection of the statute against Edward II, they declared to be guilty of high treason. But Parliament itself saw in this sentence not a judgment but an intolerable outrage. At its next sitting it summoned the judges before its tribunal, and in its turn declared them to be themselves guilty of high treason. Chief Justice Tresilian died a shameful death at Tyburn. The King lived to find yet harsher laws laid upon him: his uncle Gloucester was more powerful than he was himself.

He was not however disposed to bear this yoke for ever. He first freed himself from the war with France, which tied his hands; by his marriage with Charles VI's young daughter he sought to win that king over as an ally on his own side; at home too he gained himself friends; when all was prepared, he struck a sudden blow (July 1397), which no one would have expected from him. He removed his leading opponents (above all his uncle Gloucester, and Arundel Archbishop of Canterbury), banished them or threw them into prison: then he succeeded in getting together a Parliament in which his partisans had the upper hand. It moreover completely adopted the ideas of the judges as to the Constitution; it revoked the statutes which had been forced on the King,[60] and gave effect to the sentence of Nottingham. By making the King a very considerable grant for his lifetime, it freed him from the necessity of summoning it anew; he rose at once to a high pitch of self-confidence: he was believed to have said that the laws of England consisted in his word of mouth.

In England, just as in France at the same epoch, political opinions and parties ebbed and flowed in ceaseless antagonism. Richard's success was only momentary. He too, like so many of his ancestors, had incurred a grievous suspicion; the crime laid to his charge was that his uncle, who died in prison, had been murdered there by his command. Besides his absolute rule was not free from arbitrary acts of many kinds; among the great nobles each trembled for his own safety; the clergy, never on good terms with Richard, were impatient at being deprived of their Primate, who was to them 'the tower in the protecting bulwark of the Church.' In the capital too men were against a rule which seemed to put an end to popular influence; it needed only the return of an exile, the young Henry of Lancaster (whom the King would not allow to take possession of his inheritance by deputy, and who in conformity with the feeling of the time broke his ban to do himself right); all men then deserted the King; the nobles could now think of carrying out the threat which they had once hurled against him.

Richard was compelled to call a Parliament, and at the moment it met to pronounce his own abdication. The Parliament was not contented with accepting this; it wished to put an end to all doubt for the future, and to establish its own right for ever.

A long list of articles was drawn up, from which it was concluded that the King had broken his coronation oath and forfeited his crown; the assembled Estates, when severally and conjointly consulted, held them sufficient to justify them in proceeding to the King's deposition. They named Proctors, two for the clergy, two for the high nobility—one for the earls and dukes, the other for the barons and bannerets, two for the knights and commons—one for the Northern, the other for the Southern counties. They sat as a court of justice before the vacant throne, with the Chief Justice in their midst: then the first spiritual commissioner, the Bishop of S. Asaph, rose, and in the place and name and under the authority of the Estates of the realm announced the sentence of deposition against the late King, and forbade all men to receive any further commands from him. Some opposition was raised; it is said that the Bishop of Carlisle very expressly denied the right of subjects to sit in judgment on their hereditary sovereign;[61] but how could this have had any effect against the Parliament's claim which had been formulated so long?

As the crown was now regarded as vacant, Henry of Lancaster arose,—in the name of God, as he said, whilst he made the sign of the cross on his forehead and breast,—to claim it for himself, in virtue of his birth and the right which accrued to him through God and the help of his friends. It was not properly speaking an election that now took place: the spiritual and lay lords, as well as the other members of the Parliament, were asked what their opinion of his claim was: the answer of all was that the Duke should be their King. When, conducted by the two archbishops, he ascended the vacant throne, he was greeted with the joyous acclaim of those assembled. The Archbishop of Canterbury made a speech full of unction, the drift of which was, that henceforth it would not be a child, such as the late sovereign had been, self-willed and void of understanding, but a Man that would rule over them, in the full maturity of his understanding, and resolved to do not so much his own will as the will of God.[62]

Thus did the spiritual and lay nobility, in and with the Parliament, make good their claim to dispose of the crown. They went to work against Richard II with less reserve than against Edward II. In the latter case the Queen had taken part in the movement; they had set the son in his father's stead. But this time they did not wait for the actual consummation of the King's marriage; they raised a prince to the throne who had openly opposed him in the field, and was not even the next in succession. For there were still the descendants of an elder brother left, who according to English usage had a prior right. The Parliament held itself competent to settle on its own authority even the succession to the crown. It enacted that it should belong to the King's eldest son, and after him to his male issue, and on their failure to his brothers and their issue. The proposal formally to exclude succession in the female line did not pass; but for a long while to come the actual practice had that effect.