XVI. the Chan at that time was "to acquaint them that it had been deter- CHAP. mined the King should cross the seas in person with an army royal, and that they were to debate in what manner and how it was to be done." But the Commons, instead of intimating Proceedany intention of granting a supply, expressed in the royal ings against presence their resolution to impeach the Lord Chancellor cellor. for divers crimes and misdemeanours. We are informed that the King thereupon retired, lest he might seem to countenance their proceedings. He went to his palace at Eltham, where he spent his time in vain amusements, while transactions were going on which before long led to his dethronement. Both Houses, with joint consent, thought proper to send this message to him: "That the Chancellor and Treasurer ought to be removed from their offices, because those men were not for the advantage of himself and kingdom." Adding, "that they had matters to treat of relating to the Lord Michael de la Pole, which could not be safely done while he remained in the office of Chancellor." The King admonished them to proceed forthwith to the business for which they were summoned, and told them "that he would not for them, or at their instance, remove the meanest scullion in his kitchen." The Lords and Commons were not to be so daunted, and they returned their joint answer to the King, "That they neither could, nor by any means would, proceed in any business of parliament, or despatch so much as the least article of it, till the King should come and show himself among them, and remove the said Michael de la Pole from his office." Remonstrances and refusals of redress being some time continued, the King threatened to call in the advice of the King of France, to whom he would sooner submit than truckle to his own subjects. In their address in answer, the two Houses said, "We have an ancient constitution, and it was not many ages experimented* (it grieves us that we must mention it), that if the King, through any evil council, or weak obstinacy, or contempt of his people, or out of a perverse and froward wilfulness, or by any other irregular courses, shall alienate * Referring to the deposition of Edward II. CHAP. The Earl of Suffolk removed from the office of himself from his people, and refuse to govern by the laws and statutes of the realm, but will throw himself headlong into wild designs, and stubbornly exercise his own singular arbitrary will, from that time it shall be lawful for his people, by their full and free assent and consent, to depose that King from his throne, and in his stead to establish some other of the royal race upon the same."* Richard was obliged to yield; and laying aside his passion, he promised that after three days he would come to the parliament, and with mature advice willingly acquiesce in their Chancellor, petitions. Accordingly, he came at the time appointed, and consented to an entire change of ministers. The Earl of Suffolk was removed, and his enemy THOMAS DE ARUNDEL, Bishop of Ely, made Chancellor in his stead. Oct. 24. 1386. THOMAS ARUNDEL appointed. Impeachment of the Ex-chancellor. His defence. Not contented with his dismissal, the Commons prayed that all manner of charters and letters made in the time of the late Chancellor contrary to law be annulled and repealed in the present parliament, to which the answer was, "Le Roi le voet par advys de son conseil."† They then proceeded to impeach him; but his official integrity was established by the frivolous nature of the offences which his enemies, in the present plenitude of their power, thought proper to object against him.‡ This is the first instance of the impeachment of a Chancellor, and it created great interest from the elevated rank and distinguished personal character of the accused. The bill of impeachment was divided into seven heads, charging the Earl, while Chancellor, with having enriched himself by defrauding the Crown, and with having put the Great Seal to illegal charters and pardons. He had intrusted his defence to his brother-in-law, Lord le Scrope, likewise an Ex-chancellor; but the Lords observed that it would be more to his honour if he should conduct it himself. He thereupon went through the different charges in order, contending that those which were fit ground of impeachment were unfounded in fact, and that the others did not amount to any legal * 1 Parl. Hist. 186. 1 Parl. Hist. 189. + Rot. Par. 10 Ric. 2. offence. As to his deserts he would be silent, but hoped that what he had suffered for the King would not be forgotten. Here Scrope was allowed to interpose. "The individual now accused of misconduct as Chancellor," he remarked, "had served in war thirty years as a knight banneret without disgrace or reproof, had thrice been a captive in the hands of the enemy, and had been Governor of Calais, Admiral of the fleet, and oftentimes Ambassador from the King to foreign states, in all which capacities he had conducted himself with the purest honour as well as with the highest ability." The managers for the Commons were heard in reply, and chiefly dwelt upon the charge, that, being Chancellor, and obliged by his oath to consult the King's profit, he had purchased lands from the King below their true value. He proved that he had made no purchase from the Crown while he was Chancellor, and that all the bargains referred to had been concluded before he was raised to that office. Nevertheless he was found guilty of having defrauded the Crown, and adjudged to forfeit several large sums of money, and to be imprisoned during the King's pleasure. He was accordingly committed to the custody of the Lord High Constable, and sent close prisoner to Windsor Castle, where he remained till this parliament was dissolved, when he was taken into favour, and was able again to make head against his enemies. This prosecution is memorable as it confirmed to the Commons their new claim of impeaching the ministers of the Crown, and showed how the power might be abused to the purposes of faction. CHAP. XVI. Death of the Earl of Suffolk. De la Pole, the Ex-chancellor, was actively engaged in the struggle which soon arose from the attempt to subject Richard, like Henry III. and Edward II., to a council of Barons, armed with the powers of royalty. Upon the defeat of the party who resisted these proceedings he was obliged to go into exile. He was kindly received by the King of France, but died soon after of a broken heart, said to have been pro- A.D 1388. duced less by his private misfortunes than by the calamities he saw impending over his country. That he was fit for the His chaoffice of Chancellor which had been held by Parnyng and racter. Knyvet it is impossible to assert; but he seems to have filled CHAP. it with unspotted integrity, and he certainly displayed high qualities as a statesman as well as a soldier. His descendants were nearly allied to the throne, and several of them are among the most distinguished characters in English history. The new Chancellor, THOMAS ARUNDEL, was of illusChancellor. trious descent, being the son of Robert Earl of Arundel and His family. Warren. He very early displayed great talents, and he had Education. a respectable share of the learning of the times. Taking THOMAS Misconduct of orders, he was made Archdeacon of Taunton when scarce twenty-two years of age, and it was not long before he entered parliament as a Prelate, where we have seen he was the antagonist of De la Pole, the Chancellor, with whom he had a long-continued rivalry. Supported by Gloucester, the King's uncle, he was now completely in the ascendant; for the two houses were willingly ruled by him, and the King could make no resistance. He used his power with no moderation; for, not contented with crushing his predecessor, he attempted permanently to make himself master of the King and the kingdom. An Act was passed, to which the royal assent was nominally given, appointing a council of fourteen persons, to whom the sovereign power was transferred for a twelvemonth, — and the King was in reality dethroned. The Chancellor was the first named in this commission. But although Richard had taken an oath never to infringe Richard II. it, at the end of the session he publicly entered a protest that the prerogatives of the Crown, notwithstanding his late concession, should still be deemed entire and unimpaired. The Commissioners, without regarding this declaration, took possession of the government, but they were not long allowed to exercise their authority without disturbance. Richard was sensible of the contempt into which he had fallen, and, instigated by the Earl of Suffolk, whom he restored to liberty, he made a bold effort to recover his authority. He assembled Tressilian, the Chief Justice of England, and the other Judges, at Nottingham, and obtained an opinion from them that those who procured the late commission, or advised the King to consent to it, were punishable with death, and that those who should persevere in maintaining it were guilty of treason; and that the House of Commons cannot, without the King's CHAP. consent, impeach any of his Ministers or Judges. XVI. Gloucester and the Chancellor flew to arms as soon as they Civil war. heard of this consultation, and met Richard near Highgate with a force which he and his adherents could not resist. They accused the Earl of Suffolk, the Duke of Ireland, Sir Robert Tressilian and others who impugned the commission, as public and dangerous enemies to the state. ment. A new parliament was called in February, 1388*, which A parliawas opened by a speech from the Bishop of Ely, the Chancellor, inveighing against the opposite faction. An appeal of treason, consisting of many articles, was preferred against the discomfited leaders of it, and as a matter of course they were found guilty. Tressilian, the Chief Justice, being discovered in an apothecary's shop in Palace Yard, where he had some time lain concealed, was hanged at Tyburn, and his fate seems to have excited little compassion, for he had shown himself ready to mete out like injustice to others, and he had extra-judicially pronounced opinions which, if acted upon, would have been for ever fatal to public liberty. It seemed as if those now in power never could be deprived of it. Thomas of Arundel, the Chancellor, had been made Archbishop of York, and he no doubt expected to hold the Great Seal without interruption for many years. But in the Arundel beginning of May, 1389, Richard unexpectedly and peaceably dismissed. recovered his authority, and all those who had been concerned in the late plots against him were dismissed from their employments. This change seems to have been brought about merely by a reaction in public opinion, and a dislike in the English nation to power remaining long in the same hands. Richard, on this occasion, conducted himself with great moderation, and he confirmed by proclamation the general pardon which the parliament had passed for all offences. * 1 Parl. Hist. 196. 1 St. Tr. 89. |