After this, the king commanded that the lords, Berklei, and Louell, and six knights of the lower house, should go after dinner to examine the said Hall. This was on a thursdaie being the fiftéenth of October. On the saturdaie next insuing, sir William Bagott and Hall brought to the barre. Bagot and the said Iohn Hall were brought both to the barre, and Bagot was examined of certeine points, and sent againe to prison. The lord Fitzwater herewith rose vp, and said to the king, that where the duke of Aumarle excuseth himselfe of the duke The lord Fitzwater appealeth the duke of Aumarle of treason. of Glocesters death, I say (quoth he) that he was the verie cause of his death, and so he appealed him of treason, offering by throwing downe his hood as a gage to proue it with his bodie. There were twentie other lords also that threw downe their hoods, as pledges to proue the like matter against the duke of Aumarle. The duke of Aumarle threw downe his hood to trie it against the lord Fitzwater, as against him that lied falselie, in that he had charged him with, by that his appeale. These gages were deliuered to the constable and marshall of England, and the parties put vnder arrest.
The duke of Surrie stood vp also against the lord Fitzwater, auouching that where he had said that the appellants were causers of the duke of Glocesters death, it was false, for they were constrained to sue the same appeale, in like manner as the said lord Fitzwater was compelled to giue iudgement against the duke of Glocester, and the earle of Arundell; so that the suing of the appeale was doone by constraint, and if he said contrarie he lied: and therewith he threw downe his hood. The lord Fitzwater answered herevnto, that he was not present in the parlement house, when iudgement was giuen against them, and all the lords bare witnesse thereof. Moreouer, where it was alledged that the duke of Aumarle should send two of his seruants to Calis, to murther the duke of Glocester, the said duke of Aumarle said, that if the duke of Norfolke affirme it, he lied falselie, and that he would proue with his bodie, throwing downe an other hood which he had borowed. The same was likewise deliuered to the constable and marshall of England, and the king licenced the duke of Norfolke to returne, that Fabian. he might arraigne his appeale. After this was Iohn Hall condemned of treason by authoritie of the parlement, for that he had confessed himself to be one of them that put the duke of Glocester to death at Calis, and so on the mondaie following, he was Iohn Hall executed. drawne from the Tower to Tiburne, and there hanged, bowelled, headed, and quartered: his head being sent to Calis there to be set vp, where the duke was murthered.
Iohn Stow. The request of the commons. On Wednesdaie following, request was made by the commons, that sith king Richard had resigned, and was lawfullie deposed from his roiall dignitie, he might haue iudgement decréed against him, so as the realme were not troubled by him, and that the causes of his deposing might be published through the realme for satisfieng of the people: Hall. A bold bishop and a faithfull. which demand was granted. Wherevpon the bishop of Carleill, a man both learned, wise, and stout of stomach, boldlie shewed foorth his opinion concerning that demand; affirming that there was none amongst them woorthie or meet to giue iudgement vpon so noble a prince as king Richard was, whom they had taken for their souereigne and liege lord, by the space of two & twentie yeares and more; “And I assure you (said he) there is not so ranke a traitor, nor so errant a théef, nor yet so cruell a murtherer apprehended or deteined in prison for his offense, but he shall be brought before the iustice to heare his iudgement; and will ye procéed to the iudgement of an anointed king, hearing neither his answer nor excuse? I say, that the duke of Lancaster whom ye call king, hath more trespassed to K. Richard & his realme, than king Richard hath doone either to him, or vs: for it is manifest & well knowne, that the duke was banished the realme by K. Richard and his councell, and by the iudgement of his owne father, for the space of ten yeares, for what cause ye know, and yet without licence of king Richard, he is returned againe into the realme, and (that is woorse) hath taken vpon him the name, title, & preheminence of king, And therfore I say, that you haue doone manifest wrong, to procéed in anie thing against king Richard, without calling him openlie to his answer and defense.” ¶ As soone as the bishop had ended this tale, he was attached by the earle marshall, and committed to ward in the abbei of saint Albons.
Moreouer, where the king had granted to the earle of Westmerland the countie of The duke of Britaine. Richmond, the duke of Britaine pretending a right thereto by an old title, had sent his letters ouer vnto the estates assembled in this parlement, offering to abide such order as the law would appoint in the like case to anie of the kings subiects. Wherevpon the commons for the more suertie of the intercourse of merchants, besought the king that the matter might be committed to the ordering of the councell of either of the parties, and of his counsell, so as an end might be had therein, which request was likewise granted. After this, the records of the last parlement were shewed, with the appeales, & the commission made to twelue persons, to determine things that were motioned in the same last parlement. Héerevpon the commons praied that they might haue iustice Markham, and maister Gascoigne a sergeant at the law ioined with them for counsell, touching the perusing of the records, which was granted them, and day giuen ouer till the next morrow in the White-hall, where they sat about these matters thrée daies togither.
On the morrow following, being the éeuen of Simon and Iude the apostles, the K. Richard appointed to be kept in perpetuall prison.
Hall. commons required to heare the iudgement of king Richard. Wherevpon the archbishop of Canturburie appointed to speake, declared how that the king that now is, had granted king Richard his life; but in such wise as he should remaine in perpetuall prison, so safelie kept, that neither the king nor realme should be troubled with him. It was also concluded, that if anie man went about to deliuer him, that then he should be the first that should die for it. After this, the commons praied that the lords and other that were of king Richards counsell, might be put to their answers for their sundrie misdemeanors, which was granted. On Wednesday following, being the morrow after the feast of Simon and Iude, all the processe of the parlement holden the 21 yéere of king Richards reigne was read openlie, in which it was found, how the The earle of Warwike. earle of Warwike had confessed himselfe guiltie of treason, and asked pardon and mercie for his offense: but the earle denied that euer he acknowledged anie such thing by woord of mouth, and that he would prooue in what manner soeuer should be to him appointed. Therein was also the appeale found of the dukes of Aumarle, Surrie, and Excester, the marquesse Dorset, the earles of Salisburie and Glocester; vnto the which ech of them answered by himselfe, that they neuer assented to that appeale of their owne frée wils, but were compelled thereto by the king: and this they affirmed by their othes, and offered to prooue it by what manner they should be appointed.
Sir Walter Clopton. Sir Walter Clopton said then to the commons; If ye will take aduantage of the processe of the last parlement, take it, and ye shall be receiued therevnto. Then rose vp the lord Morlie, and said to the earle of Salisburie, that he was chiefe of counsell with the duke of Glocester, and likewise with king Richard, & so discouered the dukes counsell to the king, as a traitor to his maister, and that he said he would with his bodie prooue against him, throwing downe his hood as a pledge. The The lord Morlie appeleth the earle of Salisburie. earle of Salisburie sore mooued héerewith, told the lord Morlie, that he falslie béelied him, for he was neuer traitor, nor false to his maister all his life time, and therewith threw downe his gloue to wage battell against the lord Morlie. Their gages were taken vp, and deliuered to the constable and marshall of England, and the parties were arrested, and day to them giuen till another time.
On Mondaie following, being the morrow after All soules day, the commons made request, that they might not be entred in the parlement rols, as parties to the iudgement giuen in this parlement, but there as in verie truth they were priuie to the same: for the iudgement otherwise belonged to the king, except where anie iudgment is giuen by statute enacted for the profit of the common-wealth, which request was granted. Diuers other petitions were presented on the behalfe of the commons, part whereof were granted, and to some there was none answere made at that time. Finallie, to auoid further inconuenience, and to qualifie the minds of the enuious, it was finallie enacted, that such as were appellants in Dukes and others depriued of their titles. the last parlement against the duke of Glocester and other, should in this wise following be ordred. The dukes of Aumarle, Surrie, and Excester there present, were iudged to loose their names of dukes, togither with the honors, titles and dignities therevnto belonging. The marquesse Dorset being likewise there present, was adiudged to lose his title and dignitie of marquesse; and the earle of Glocester being also present, was in semblable maner iudged to lose his name, title and dignitie of earle.
Tho. Walsi. Moreouer, it was further decréed against them, that they and euerie of them should lose and forfeit all those castels, lordships, manors, lands, possessions, rents, seruices, liberties and reuenues, whatsoeuer had beene giuen to them, at or since the last parlement, belonging aforetime to any of those persons whom they had appealed, and all other their castels, manors, lordships, lands, possessions, rents, seruices, liberties, and reuenues whatsoeuer, which they held of the late kings gift, the daie of the arrest of the said duke of Glocester, or at any time after, should also remaine in the kings disposition from thencefoorth, and all letters patents and charters, which they or any of them had of the same names, castels, manors, lordships, lands, possessions, and liberties, should be surrendered vp into the chancerie, there to be cancelled. Diuerse other things were enacted in this parlement, to the preiudice of those high estates, to satisfie mens minds that were sore displeased with their dooings in the late kings daies, as now it manifestlie appéered. For after it was vnderstood that The hatred which the cōmons had cōmitted against the appellāts. they should be no further punished than as before is mentioned, great murmuring rose among the people against the king, the archbishop of Canturburie, the earle of Northumberland, and other of the councell, for sauing the liues of men whom the commons reputed most wicked, and not worthie in anie wise to liue. But the king thought it best, rather with courtesie to reconcile them, than by cutting them off by death to procure the hatred of their freends and alies, which were manie, and of no small power.
After that the foresaid iudgement was declared with protestation by sir The earle of Salisburie his request. William Thirning iustice, the earle of Salisburie came and made request, that he might haue his protestation entered against the lord Morlie, which lord Morlie rising vp from his seat, said, that so he might not haue; bicause in his first answer he made no protestation, and therefore he was past it now. The earle praied day of aduisement, but the lord Morlie praied that he might lose his aduantage, sith he had not entered Sir Mathew Gournie. sufficient plee against him. Then sir Matthew Gournie sitting vnderneath the king said to the earle of Salisburie, that forsomuch as at the first day in your answers, ye made no protestation at all, none is entered of record, and so you are past that aduantage: and therefore asked him if The earle of Salisburie mainprised. he would asked him if he would saie any other thing. Then the earle desired that he might put in mainprise, which was granted: and so the earle of Kent, sir Rafe Ferrers, sir Iohn Roch, & sir Iohn Draiton knights, mainprised the said earle bodie for bodie. For the lord Morlie all the lords and barons offred to vndertake, and to be suerties for him; but yet foure of them had their names entered, that is to saie, the The lord Morlie mainprised. lords Willoughbie, Beauchampe, Scales, and Berkelie: they had day till the fridaie after to make their libell.
The lord Fitzwater. After this came the lord Fitzwater, and praied to haue day and place to arreigne his appeale against the earle of Rutland. The king said he would send for the duke of Norffolke to returne home, and then vpon his returne he said he would proceed in that matter. Manie statutes were established in this parlement, as well concerning the whole bodie of the common-wealth (as by the booke thereof imprinted may appeare) as also concerning diuerse priuate persons then presentlie liuing, which partlie we haue touched, and partlie for doubt to be ouer-tedious, we doo omit. The archb. of Canturburie restored to his sée. But this among other is not to be forgotten that the archbishop of Canturburie was not onelie restored to his former dignitie, being remooued from it by king Richard, who had procured one Roger Walden to be placed therein (as before ye haue heard) but also the said Walden was established Bishop of London, wherewith he séemed well content.