No More Learning

And, for moys bastard Orleans, and others the the more ready answer them, was coin French nation. —5. For betraying the mitted the custody certain esquires, the French the strength the king's piles, ord Tower within the king's palace.
nance, and munition, beyond sea—6. That
the said duke, disclosing the king's secrets,
caused the peace broken. —7. That the
said duke supported the king's enemies,
William Pole, duke
Ewelin the county Treasons, viz.
staying sundry arms which should have passed against them. —8. That the said duke had strengthened the king's enemies against him,
not compromising the last peace the king Arragon, who almost lost; and the
cles Treason against him; and offered prove them false any manner the king should
duke Britany, who wholly so. ” All which many the rest, referred himself the Articles, the commons require enrolled, king's letters patents, and some acts the
and that prosecution may awarded thereon. council. To the yielding Anjou and
On the 9th of March the commons made
new Complaint against the duke, effect fol
lowing: “First, for procuring the king, his
eighteenth year, give away the inheritance same was delivered the bishop Chi and lands the crown. For procuring many chester, then keeper the privy seal. —On the liberties derogation the common law, and 17th, the said duke was brought again before hindrance justice. For causing the king the lords, whom the chancellor repeated the
give away the castle Manlion Searl, Answer he had made, and told him, that and other territories Guienne. For that the therein had not put himself upon his peer
earl Armanac and other nobles Guienne, age, and asked the duke which way would were drawn from their obedience the king, tried Who, kneeling, said that hoped the said duke's discovering secrets, the had answered things the full, and utter impoverishment this realm. For pro protesting his innocency, referred himself en
curing the king bestow the keeping divers tirely the king's mercy and award. —There towns and offices Normandy and Guienne, upon the Chancellor, the king's command,
unworthy persons. For procuring the king pronounced this Sentence, “That since the grant the earldoms Enreney and Longue duke did not put himself upon his peerage, the
vile, and other lordships Normandy, the bastard Orleans, and other Frenchmen, the king's chiefest enemies, without the assent the council. For that the duke procured the king, his own presence, promise the French ambassador attend person the
convention France, the king's subversion WOL.
king,
contained
And
relation the Articles Treason the first Bill, would be doubtful.
the Articles Misprision, the king,
appeals murder. For procuring pardon the said William for not appearing upon
Articles the commons required enrolled, and that the said duke might answer them.
—On the same day, the duke
Suffolk was the king's writ, Westininster,
whom the Arti
ap peared again before the lords, and his knees denied the truth the first eight Arti
On the 14th March the said duke
appoint. The first them denied
in
possible, inferring, that some the lords knew he meant have married his son the earl of
Warwick's daughter, she had lived. To
Main,
cil; which shew, that other lords were privy thereto, well himself, and said that the
referred also the acts the coun
not judge the advice the lords, but
one whose order the duke had committed
himself, doth banish him the realm, and other his dominions, five years; from the
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275] STATE TRIALs, Edward 1. 7s. -Proceedings against [276
May next ensuing. ”—After which Sentence nister, taken from the Records themselves. being given, lord Beaumont, lord high consta Undoubtedly, the mildness his Sentence ble, stood up, the behalf the bishops and proceeded from the queen's great indulgence lords, and required, “That might en him; who was hopes, that his short rolled, that the said Judgment was the king's bauishment might last longer than the malice own rule, and not their assent; and also his enemies against him. But, unhappily required, that neither they nor their heirs for both, the duke was taken prisoner sea, should, this example,
peerage and privileges. ” The foregoing account
inquiry into the misconduct
24. Proceedings against GForge duke CLARENCE, brother
King Edward the Fourth, for Treason: Edw. IV.
1478. Kenn. 475. Rapin, 623. Cobb. Parl. Hist. 436. ]
WHILE the duke Clarence was Ireland, courscs: That had spread abroad impious
not suspecting any design against himself, the rumours that the king dealt necromancy,
queen and his brother the duke Gloster were and upon offence against such his subjects,
plotting his destruction. Upon his return whom order law could not destroy, he the court he understood that Thomas Burdet of was accustomed take them away poison
Arrow the county Warwick, esq. who ever That had not rested there, but thereby was dependant upon him, had been his ab advance himself the kingdom, and for ever sence apprehended, indited, arraigned and exe disable the king and his posterity from the cuted the compass two days. The crime crown, had, contrary truth, nature and upon which his Accusation was principally religion, viper-like destroying her who gave grounded, were inconsiderate words, which, him life, published that the king was bastard,
barred their
private English captain, who had way laid him, had his head struck off on the side long-boat, and his body thrown into the
this parliamentary
prime mi Sca. —
upon report that the white buck which much delighted was killed the king was hunt ing his park, wished the head and horns aud the king's belly, whereas indeed wished only his belly, who counselled the king kill With this Accusation were min gled many other poisoning, sorceries, and in chantments crimes which every judicious man easily perceived, were only put the scale like grains, make his rash language full weight, which otherwise would have been too light deserve the sentence death. These proceed ings Clarence resented, they were intended, and expostulated with the king about the injus tice done his servant, and injury himself. And according the custom expostulations, his words were bold and disorderly, and having received apparent injury, built too much on the right his cause, and provoked the king too far into indignation; that soon after was committed close prisoner the Tower, where being act parliament attainted, was secretly put death. The manner, ge nerally received, was thrusting his head into
butt Malmescy, which was stilled. his Attainder, according the form, are
Crines enough make his death have appear ance justice, the execution which the king seemed rather constrained to, than have sought. For there are reckoned, “how the duke
Clarence, bring the present government
and way capable reign: that make
this his monstrous ambition more successful, and already begin his usurpation, had caused many the king's subjects sworn
upon the most blessed sacrament true him and his heirs, without any exception
their allegiance; after which solemn oaths, discovered them his resolution right
himself and his followers, who had both suffered the king's violent wresting away their estates:
and particular revenge bimself upon the
king, who (as most impiously and falsely sug
gested) had art-magic contrived consume
him candle consumeth burning. And
what most expressed the treason his designs, that had got out exemplification under
the great seal IIenry late king; wherein was shewed how the parliament was en acted, that the said Henry and Edward his son should die without issue male, the kingdom should descend upon the duke Clarence and his heirs; whereby clearly appeared his inten tion, immediately possess himself the
into hatred with the peoplc, and thereby the
present state into trouble; had not only his
speeches frequently laid injustice the king's was accused falsely laying bastardy the charge attainting Thomas Burdet falsly, cou king, endeavour possession the crown; vict many notorious Treasons, but suborned which, afterwards was alledged indeed Richard many his scrvants and divers others, corrupted duke Gloucester, the absolute disinherit with money, divulge the like seditious dis the king's sons.
crown, with destruction children, pretence the commonwealth. ”
king Edward and his general election
his Attainder, which
This was the sum
we may well believe had not easily past but
the king's public declaring himself: the secret working the duke Gloucester; and the passionate urging the queen's kindred. But this Attainder hath one thing inost remarkable, that Clarence here
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277] STATE TRIALS, 10 Henry VII. 1494-5,-Sir W. Stanley, for Treason. [278 25. The Trial of Sir WILLIAM STANLEY, knight, for High Treason:
[Hall and Lord Bacon. ]
[There is not a regular account of the Trial of after that attempt begonne syr Robert, this eminent person, in any book we have was smal dangier himselfe, and that met with. Old Fabian, with his usual dry was not litle noted, and hys fame blemished, ness and brevity, only writes, that about but also hys frendes were suspected and had
10 Hen. VII. A. D. 1494-5.
Christmas 1494 sir Robert Clifford impeach gealosy. Secondarely,
ed sir William Stanley, and that William great favour, nor
was beheaded the 15th February follow kynge had been
ing. Fab. 530. Hall, with his followers was blotted and marked with that cryme Grafton and Hollingshead, explains, whom and offence. And therfore bearing his fa sir William was accused the king, what voure the house Yorke, entendynge was reported his offence, and how the the beginning administer displeasure kyng koing acted the occasion; adding some Henry, sayled the lady Margaret, beyng sc conjectures the cause William's duced and brought belefe that Perkyn was alienation from the king; but the Trial the very sonne kynge Edward. But my itself, they say that was condemned purpose when syr Robert came the pre and executed. Even lord Bacon, though sence the kynge, knelyng his knees
have taken small pains most humblye, beseched hym grace and par
done, shortely obteyned. throw every light the subject, owns, that whiche
And after the memory the case was dark; and that beynge requyred the maner and ordre
that them every such person might called thether without suspeccion any evell, and
any theim culpable blame woorthy. —The re
Some men helde this opinion, that kyng Hen for polecy dyd sende him spye Flaunders, els he woulde not have some receaved him into his grace and favour agayn.
and affirmed there,That would never fight
the
yng that their could not more pernicious Wherefore the begynnynge coulde no nor more desperate begonne thinge then that wyse induced nor persuaded belove, that develishe enterprice, returned sodeynly agayn was such uprevy conspiratoure malicious into England. The kynge beynge certefied be offender; but when the cryme was openly fore his coming, went streight the Towre proved and probably affirmed, then the king
any the nobilitie partakers this un gracious fraternitie and diabolical conjuracion,
London the morrow after the daye Epi caused hym restraynod from his libertie phany, and there taryed suche tyme that his awne chambre within the Quadrate syr Robert Clyfford was there presented hys Towre. And there appoynted his person, which thinge used under this pre prevy counsayl examined. whiche tence, that syr Robert Clifforde had accused examinacion nothinge denyed, but wisely
porte that this was offence. When there streight attached and cast holde. cominunicacion was had betwene hym, and —But before any farther wil shew the this syr Robert Clyfforde, concerning Per opinion that that time ranne many mens kyn, whiche falsely usurped the name kyng
heddes this knyghts goynge into Flaunders. Edwardes sonne, syr William Stanley sayde
Neverthelesse this not like true di and proveth hym that tyme, beynge moved
verse reasons and apparant argumentes, firste, with
beare great good will
and seriously did astipulate and agree thinges layed hys charge, were
nor beare armure agaynst the young man,
knew of truthe that he was the indubitate
so,
sonne kyng Edward Thys poynte argueth
was not after that
estemed with the tymes past, because
writes only from imperfect tradition, aided the strength his own conjecture. However, our readers will scarce be averse
seeing what historian such deep penetration writes subject interest ing. We shall therefore extract the result
the conjuracion and what was done
Flaunders, opened every pointe his know
lege, and after disclosed the names, well
the aiders and fautoures the inceptors and begynners. Amongest whome accused
syr William Stanley, whome the kynge made this investigation, after first giving Hall's hys chiefe chamberleyn, and one hys prevy
account, which will found be the groundwork some part lord Bacon's more splendid and enlightened narrative. —
Mr. Hargrave's Note. ]
counsayil. When had sayde, the kyng was greatly dismayed and greved, that shoulde partaker that greveaus offence, considerynge first that had the governaunce
his chambre, and the charge and comptrol ment suche were next hys bodye, and also callynge remembraunce the mani folde gratuities, whiche had receaved hys
Ertract from Hall's Henry VII.
SYR Robert Clyfford, partely trusting
kynges promes, and partely mistrustyng the
thing, because knewe that diverse that were hande, but especiall not forgettynge that accused partakers that faccion and benefite above other, that onely his aide conspiracy [in favor Perkyn Warbeck] and succoure, he had vanquished and over were put execucion; and, therfore perceav throwcm his mortall enemy kynge Rycharde.
35.
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270) STATE TRIALS, 10 IIENny VII. 1494-5. —Proceedings against [2so
łyng Henry, whereof suspicion first grewe, and a litle displeased, and so when both their after this ensued the accusacion of syr R. Clys- hartes were enflamed with melancoly, bothe . forde. —Then the kyng doubtinge what to do loste the fruite their longe continued amitie with him, did consult and breath with hymselfe of and favoure. And often chaunceth, that this sodeyne chaunce. For he feared least that when men not consider nor yet regard the his brother lorde Thomas Stanley, in whome he great benefites them exhibited, they rendre had founde great fiendship, woulde take this agayne hatred for liberalitee, and for breade mattre grevedusly. And if he should remit geven, they yelde agayne scorpion. Nowe
that fault, that, abusynge his lenyte and mer to returne to the matter.
cy, he would be the more bolder to offende At thys tyme the kyng thought best, and treaspace inore highly. Albeit at the last, and very necessary, not onely take hede
sever itee tooke place and mercy was put backe, about him, but also use some sharpe pu and so he was a reigned at Westmynster, and nyshment and correccion the offences his adjudged to dye, and accordinge to that subjects, the intent that the late begon se
Judgemente was broughte to the Towre-hill dicion might the soner repressed, and for the 16 daye of February, and there had bys this cause specially that some persons voyde head striken What was the occasion and of all honest feare and reverent dread, had cause, why the syncere and faythfull mynde, taken such courage and audacitie them, that syr William always before bare kyng that they feared not speake evell their Henry, was turned into cancarde hatred and kyng and sovereign lord, with moost spiteful dispite, and why the especiall favoure that the and contumelious wordes, though thei nei kynge bare towarde hym was transmuted into ther feared nor woulde obey him, his pre disdeyne and displeasure, dyverse men alledge ceptes and commaundementes, expecting dayly dyverse causes, affirmynge that when kynge and hourely the arryvall and landing the
Henry (what other mutuall benefites the one
had receaved the other, wyll nowe pre
sen from death lyse. But when knowlege termyt and overpasse) that battaile, the the slaunderous and opprobrious woordes
whiche berest kynge Rycharde bothe hys were brought the kynges eares, caused life and hys kyngdom, beynge associate and dyverse persons suffre condigne punyshment accompanied but with small numbre, and for their heynous offences, whereby their com circumvented kynge Richardes army, and plices wel perceavying that their entreprice had
great jeopardy his lyfe, thys syr William prosperous successe nor toke any good ef beynge sent from the lord Standiey hys brother fect, and especially such temerariously be with good company stronge and hardy gan make mastries and farther seyng what men (whiche lorde Stanley was nere the felde preparacion was made and provyded agaynst with great army) came sodeynly and fortu theyre tumulteous commocion and frantique nately the succours kynge Henry, and entreprice, they their awne swynge pacefied
feyned Rychard duke Yorke, now lately ry
-
s
aved hym fron destruccion, and overthrewe themselfes, and beganne turne their kynge kynge Rychard before you have heard. and naturall liege lorde.
Surely thys was benefite above benefites Ertract from Bacon's Henry Kennet's
remembred, the which kyng Henry
was not onely preserved alyve, but also ob.
teyned the croune and kingdome, which great
benefite, after the kingdome once obteyned,
did neither forget nor yet left unrewarded. son Henry was created duke York; and
For the lord Thomas Stanley invested with well the duke,
the swoorde the countie Daisy, and beside knights batchellours,
other great giftes and officies geven William were made knights
Stanley, made him chiefe chamberleyn. the ceremony. Upon the morrow after Twelfth This syr William, although were great day, the king removed from Westminster favoure with the kyng, and had great and (where had kept his Christmas) the Tower high estimacion, more remembring the bene of London. This he did soon he had ad fite done the kyng, then the rewardes vertisement, that Robert Clifford (in whose
and gratuitees his liberalite receaved, think bosom budget most Perkinis secrets were
And the that end, the great noise,
people, nought the kyng down his feet, and all humble manner
ing that the vessel oyle, (according the layed up) was come into England. gospel) woulde overflowe the brymmes, and place the Tower was chosen some saye, desirying erle Chestre and that Clifford should accuse any therof denyed, began grudge and disdeyne ones, they might without suspicion, the kyog his high frend: and one shing enco sending abroad warrants,
presently at raged him ouch, which was the riches and tached; the court and prison being within the toreasure king Richard, which onely cincture one wall. After day two, the possessed the conflict Boswoorth rea king drew unto him selected council, and ad son which haboundance ryches and greate mitted Clifford his presence; who first fell
lord and mastre. When the craved the king's pardon, which the king then canker and waxe rusty, was with him not his life before. Then commanded tell
sovereign
king perce aved that his stomack began granted, though were indeed secretly assured
Complete History, 610.
UPON Al-hallows-day even, being now the tenth year the king's reign, the king's second
divers others, noblemen, and gentlemen quality, the bath, according
to
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2si) STATE TRIALS, 10 HENRY VII. 1494-5. —Sir W. Stanley, Treason. [282
o: the king's dark
knowledge, did amongst many others (of raigned high-treason, and condemned, and himself, not interrogated) appeach William after beheaded. —Yet this day
Stanley, the lord chamberlain houshold. —The king seemed
the naming this lord,
the news some strange and fearful prodigy. his defection, and the alienation his heart To hear man, that had done him service from the king. His case was said this:
high nature, save his life, and set the that discourse between sir Robert Clifford
memory,
much amazed this noble person was, for which suffered,
had heard and what likewise was the ground and cause
crown upon his head; man, that enjoyed
his favour and advancement great fortune,
both honour and riches; man, that was
tied unto him near band alliance, his
brother having married the king's mother; and
lastly, man, whom had committed the
trust his person, making him his chamber the judges that time (who were learned lain; that this man, ways disgraced,
ways discontent, ways put fear, should
false unto him. Clifford, was required
over again, and again, the particulars his accusation, being warned, that matter unlikely, and that concerned great servant
the king's, should not any wise too
far. But the king finding that did sadly who had said, “that king Henry the Eighth
and constantly (without hesitation varying,
and with those civil protestations that were fit)
stand that that had said, offering jus
tifie upon his soul and life; caused him nature. Which seemeth) the grave judges
be removed. And after he had not little taking into consideration, would not admit bemoaned himself unto his council there pre treasons upon condition. And for the posi
sent, gave order that William Stanley should tive words, “that would not bear arms
be restrained his own chamber, where against king Edward's son;' though the words
lay before, the Square Tower. And the seem calm, yet was plain and direct over
next day was examined the lords. Upon ruling the king's title, either the line his examination he denied little of that where Lancaster, act parliament. Which
with was charged, nor endeavoured much (no doubt) pierced the king more, than Stan excuse extenuate his fault. So that (not ley had charged his launce upon him the very wisely) thinking make his offence less field. For Stanley would hold that opinion, by confession, made enough for condem that son king Edward had still the better
nation. was conceived, that trusted much right, being principal person autho his former merits, and the interest that bis rity, and favour about the king; was brother had the king. But those helps were teach England say much. And there
over-weighed divers things that made against fore (as those times were) that speech touched him, and were predominant the king's na the quick. But some writers put this out ture and mind. First, over-merit; for con doubt; for they say, that Stanley did ex
venient merit, unto which reward may easily presly promise aid Perkin, and sent him reach, doth best with kings. Next the sense some help treasure. —Now for the motive
both what the case
and him, had said; that were sure, that that young man were king Edward's son, would never bear arms against him. This
case seems somewhat hard case, both re spect the conditional, and respect the other words. But for the conditional, seems
men, and the three chief them the privy council), thought was dangerous thing
say admit and ands, qualifie words trea son; whereby every man might express his malice, and blanch his danger. And was like the case (in the following times) Elizabeth Barton, the Holy Maid Kent;
did not take Katherine his wife again, should deprived his crown, and die the death
his power; for the king thought, that
that could set him up, was the more dangerous pull him down. Thirdly, the glimmering
his falling off from the king; true, that Bosworth Field the king was beset, and manner inclosed round about the troops king Richard, and manifest danger his
confiscation; for was the richest subject
for value the kingdom; there being found life; when this Stanley was sent his brother
his castle Holt forty thousand marks
ready money, and plate, besides jewels, hous
hold-stuff, stocks upon his grounds, and other
personal estate, exceeding great. And for his
revenue land and fee, was three thousand
pounds year old rent, great matter
those times. Lastly, the nature the time;
for the king had been out fear his own him great gifts, made him his councellour and
estate, was not unlike would have spared chamberlain and, somewhat contrary his
his life. But the cloud great rebellion, nature, had winked the great spoils Bos
hanging over his head, made him work sure. worth Field, which came almost wholly this
Wherefore after some six weeks distance of man's hands, his infinite enriching. Yet,
time, which the king did honourably interpose, nevertheless blown up with the conceit his
both give space his brother's intercession, and shew the world, that had conflict with himself what should do; was ar
merit, did not think
measure from the king, and running over,
had received good
least not prest down expected. And his
dog. ' And infinite cases may put like
with three thousand men his rescue, which
performed so, that king Richard was slain
upon the place.
men not capable
the condition mortal greater benefit, than
the king received
being like the benefit
and crown. For which service the king gave
the hands Stanley; Christ, once save
soofa he
in
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to
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so beno
ofof
283] STATE TRIALS, 1 Henry VIII. 1509. —Trial of Empson and Dudley,
[284
ambition was so exorbitant, and unbounded, him his places until this his fall. —After him
as he became suitor to the king for the earldom was made lord chamberlain, Giles lord Dow
of Chester. Which ever being a kind of ap beny, man great sufficiency and valour;
pendage to the principality of Wales, and using the more, because was gentle and moderate.
to go to the king's son; his suit did not only —There was common opinion, that sir Robert
end in a denial, but in a distaste; the king Clifford (who now was become the state in
perceiving thereby, that his desires were in former) was from the beginning emissary, temperate, and his cogitations vast, and irre and spie the king's; and that fled over
gular, and that his former benefits were but into Flanders with his consent and privity. cheap, and lightly regarded by him. Where But this not probable; both because never
fore the king began not to brook him well. recovered that degree grace, which And as a little leaven of new distaste doth had with the king before his going over; and
{.
commonly sour the whole lump of former me chiefly, for that the discovery which had
rit, the began
touching
passion that Stanley, at Bosworth Field, though was his great service) grew not from any thing
suggest
he came time enough to save his life, yet he learned abroad, for that knew well
to
stayed long enough to endanger having matter against him,
26. The Trial Sir Thom.
the lord chamberlain (which
wit
unto his made
But yet before he went. continued
EMPson, knt. and EDMUND DUDLEY,
esq. for High Treason; Guildhall, London: Hen. VIII.
A. 1509. [Lord Herbert's Hen. VIII. Kenn. Compl.
-
Hist. 2. ]
[“The most exact account the proceedings against these two remarkable persons being
I. found lord Herbert, we shall lay before the reader; who, chooses
ursue the subject further, may consult Po
Virgil, Hall, Hollingshead.
and But
taint and Conviction parliament. ’ These words certainly import parliamentary at
tainder, and might well lead any person
ive credit the prior representation
eing so, without taking the trouble ex amine the act, which not the later edi tion of the Statutes. But whether their
proper premise, what we conceive
great error, which current respect thus describing the Bill was inaccuracy
Empson and Dudley. Our historians general, not excepting lord Herbert and Mr. Hume, represent Empson and Dudley have been doubly attainted, first judg
the penner the Journal, the Bill was first attaint, certainly did not pass
that form. Indeed the subsequent part
the Journal takes notice, that the bill was newly formed, before was sent the
ment trial before jury, and secondly
an act parliament. But the statute, thus Commons. ” Hargrave.
]
treated an act attainder, was truth
only act relieve certain persons, WHILE obsequies rites Hen. trust for whom Empson and Dudley were were preparing, (April 23, the particulars
seised various estates; and prevent whereof Hall after his manner relates) king their attainders from hurting innocent per Henry retired privately from Richmond (where sons. Nor there word the act, either his father died) the Tower London, both
confirm the attainder attaint; that might with more leisure advise with will appear consulting the act itself, his council concerning the present affairs his
which extant Rastall's edition of the
Statutes. Yet even the elaborate writers of
the ‘Parliamentary History,’ whom both
lawyers and politicians are much indebted
for their useful and important labours, have were past. He thought not mingle the adopted the error; though throughout that noises. Here then was the first place re work, recourse apparently had the solved make good his authority, having journals and records parliament, which more undoubted right the crown by the stamps with great authority. How this Union the White-Itose and the Red his happened, we cannot otherwise account for, person, than any king ever delivered
than conjecturing, that they were con warrantable history. For this end found firmed the error their predecessors, took occasions. one kind Henry Staf the particular manner which the Journals ford, brother the duke Buckingham,
the Lords take notice the act, whilst
was progress through that house
bill. On the first and second reading, which
was the same day, stiled ‘A Bill con wards frivolous, that, repair this disgrace, cerning Dudley and Empson, and their At was the same year made earl Wiltshire.
also the better avoid those sa lutes and acclamations the people, which could not but be unseasonable, till the lamen tations and solemnity his father's funeral
kingdom,
served for example, who (upon know not what suspicion) was apprehended presently, and com
mitted the Tower; which yet seemed after
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285] STATE TRIALS, I HENRY VIII. 1509. —for High Treason. [286
In the other kind, doctor Ruthall became the you imagine more certain sign ruine that object, being (together with one of his council) common-wealth. And will you alone hope made the same day bishop of Duresme. Thus, decline this heavy judgment? When, contrary
though it seems he hasted to take upon him equity and example, you not only make the real marks of soveraignty, yet he so tem precedents for injustice and impunity, but to pered them, as to leave his subjects in hope of gether with defaming would inflict cruel
an even hand. Besides, that he might shew himself gracious to his subjects, he not only
confirmed the pardon his father gave a little
before his death for offences, except mur been thought the best patriots; what can we
der, felony, and treason, (to which general
abolitions not properly reach) but for far
expect then, but fatal period let God turn this away, though
fice. Only, must die,
my inditement may entered
nor divulged foreign nations, lest, they hear, my condemnation, that may argue
ther performance proclamation
could prove himself prived his goods,
his father's last will caused made; that any man then wrongfully de
the sacri me desire that
occasion certain commission for forfeitures, should (upon due
final dissolution government, they invade and overcome you. ”
complaint), have satisfaction; whereupon many Petitions were presently exhibited against Richard Empson and Edmund Dudley, esq.
(employed lately for taking the benefit penal well do: that he should find last, he
statutes) that was thought call them fore the council, where Empson spake this
effect:
“Right Honourable and others here present: have remarked two causes general, that
side, considering my violent persecution, can and bringing them wrongfully
not but think favour, that may speak for that tenure they call capite myself; but, alas, whom The king, my the parties could permitted
was punished for passing the bounds his commission from the late king, and for stretch ing law which it's self was severe enough
the common and poorer sort people, from whom exacted most unjustly. ”
The chief parts his Accusation (that can find) were: “1. That had committed di ment. Both these concur manifestly the vers persons prison, without suffering them affairs now questioned, that will not much answer till they had compounded for their implore your patience. Though the other fines. For searching unduly mens estates,
death on those who would maintain them; this might guerdon for those who
must tell you), every where else would have
To this was answered briefly, “That re ceived great deal liberty speak ill,
all? But
record,
move attention. One the greatness, the other the strangeness and novelty argu
master, whom should appeal, my su till they had payed great fines and ransoms. preme judge and protector, abandons me That wards, being come full years, were
my enemies, without other cause, than that not allowed sue out their livery, till they obeyed his father's commands, and upheld the had paid excessive composition. That regal authority. The people, whose equal out-lawed persons could not be allowed sue
trial should put my life, seek my destruction, out their
only because endeavour execute those laws half the profit their lands for two years, whereof themselves were authors. What upon pretence that was according law.
would have happened me, had disobey That usurped upon the jurisdiction
ed my king, broke my country's laws? Sure other courts, hearing, and determining di ly, have anyways transgressed, pro vers matters properly belonging them.
curing, that these penal statutes might ob That whereas
served, which yourselves open parliament theft, the city
decreed, and which you then submitted, one pound, was
both your persons, estates, and posterity; and said Empson conceiving the evidence suf
this crime, why you not first repeal ficient, committed the jury prison, till they your proper acts? Or (which truth) they entered into bond appear before the king's stand still full force and vertue, why you council, where the matter being again consi not vindicate from imputation both your dered, was ordered, they should pay eight selves and me? For who ever yet saw any man pounds for fine (which was thought hein condemned for doing justice? Especially when ous, as, sessions being held afterwards
by the chief dispencer thereof (which the Coventry, particular indictment was framed king) the whole frame the proceeding hath against him, and was found guilty). ” How
been confirmed and warranted Nay, whoever many these Allegations were verified,
saw iman on these terms not rewarded And how far they might warranted the last
must that, which the life and strength king's commission, appears not me. How other actions, the subversion and overthrow soever, for the present, they were (April 23)
mine? Have you read heard any well committed the Tower.
governed country, that the infractors laws This Empson, reported sieve-maker's made publick vote, and consent, escaped son Torcester, from this mean beginning, without punishment, and they only punished his wit and industry, came be council
who laboured sustain them Or when you king Henry and master surveyor his had not read heard any such thing, could forfeits divers kinds, which place served
. . .
pardon, till they had paid
prisoner £eing indicted for Coventry, the value
hold under
without that traverse,
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287] STATE TRIALS, 13 HENRY VIII. 1522. —Trial of the [2ss
as an instrument for raising great sums to the arms
king; Dudley (a gentleman of birth and such death
parts as he was chosen Speaker of the parlia Out
ment-house, 19 Henry 7), assisting him. These collected the jury, that their intent was men (called by Polydore Virgil Judices Fiscales) seize the person the new king, and
having it seems exceeded their bounds, were assume the sole government: when they detested of all, but especially the poorer sort, could not attain this, destroy him. —Of which who found it easier to hate than to pay. To crimes, how improbable soever, Dudley his satisfy their complaints therefore, it was thought Tryal Guildhall London, July 16, 1509,
permit them the ordinary ways jus and Empson Northamptor, October were tice; the promoters they used being severely found guilty their Juries, and both con punished the mean time, betwixt the pillory demned Treason, and remanded the
and shame, that they died few days after) prison, save one Giovanni Baptista Grimaldi,
who, foreseeing the storm, took sanctuary Westminster.
Empson and Dudley being (as abovesaid) committed the Tower, new and strange crimes were found and objected against them,
Tower.
Empson and Dudley lying now prison,
condemned and attainted parliament, the importunate clamours the people prevailing with the king this year's progress, not only restored divers mulcts, but for further satisfaction the commonalty (by speciał writ) commanded have their heads struck off, August 18, doing therein (as thought by
appears their Indictments upon record,
wherein they are accused conspiracy against
the king and state; and first, that during the many) more like good king, than good sickness the late king March last, they master. —The attaint against Dudley was re summoned certain of their friends be versed parliament, 5th Hen. 1533.
hour's warning; and upon the
the said king, hasten London. which, and other circumstances, was
27. Trial EDw ARD duke BuckINGHAM, for High Treason; the Court the Lord High Steward England 13th May,
13 Hen. VIII. 1522.
[Lord Herbert's Hen. VIII. Kenn. Compl. Hist. 40. Stowe's Chronicle, 510. ]
[“Some account this Trial met with large revenue, drew himself dangerous various writers, exclusive the notice suspicion; which though was again fomented taken our more modern historians. the cardinal, who disaffected him for some slightly mentioned Polydore Virgil, speeches had cast forth, yet could not have
whose history first came out within eleven twelve years after the event; and from him appears, that the prosecution origi
overthrown him, but that some indiscretion of his own concurred. Besides, suffered much through the offices Charles Knevet, for merly mentioned who yet durst not appear,
nated from the malice of one Charles Kne
vet, who, having been removed from the till saw the duke not only discountenanced,
stewardship some the duke's estates,
for oppressing the tenants, revenge turned
but weakened his friends and allies. And these find two principally one, Henry Percy earl Northumberland, whose daugh ter the duke had married; the other, Thomas
informer against his former master, and be
trayed him his great and powerful enemy
cardinal Wolsey. Polyd. , Virg. ed. Basil,
660, 665. Hall, who was also cytemporary
historian, gives many particulars, relative
well the manner arresting the duke and
his execution, the Trial itself. IIall's
Hen. fol. 85. Grafton merely copies from
Hall but Hollingshead and Stow state
addition the several facts charged Treason sion; yet the earl was more wary than
earl Surrey, who had married the duke's daughter. Against Northumberland, cause was taken for claiming certain wards; which, after close commitment, yet, was forced relinquish. Against Surrey the cardinal pro ceeded otherwise for, though hated him for drawing his dagger him some occa
the indictment of the duke from the re give new offence, thought send him cord Grafton 1044. IIollingsh. away upon some honourable employment, for
2d. edit. 863. Stow's Chron. Howes's edit.
512. Lord Herbert, his History Henry
the 8th, assisted materials from the pre ceding authors, writes the narration the
which he found this overture.
Gerald Fitz-Gerald, earl Kildare, made
deputy Ireland Henry duke York,
(now king, who four years old was his duke's Trial, which we now offer the father made lieutenant that country) having
reader. There an account of this Trial amongst the Harleian Manuscripts; but
merely compilement from Hall and Stow. ” Hargrave. ]
ABOUT this time Edward Stafford duke Buckingham, eminent for his high blood, and
done divers good services against the rebels, was made knight the garter, and enjoyed that place till his death 1513; when his son Gerald
being substitute therein, behaved himself, likewise got much credit: though,
had the house Ormond his enemy, and par
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289] STATE TRIALS, 13 Henry VIII. 1522–Duke of Buckingham, for Treason. [200
ticularly Pierce Butler earl Ossory, secret that, aught but good come the king, the offices were done him. Nor did avail, duke Buckingham should next blood that had given his sister marriage the the crown, the king having yet issue. said Butler, and helped him recover the That, comply herewith, did many things earldom Ormond, detained wrongfully, since which argued ambition, and desire make
James,
the death bastard that fa himself That said one o
mily: for was impossible
popular. Gilbert,
oblige him; es his chancellor, that whatsoever was done advantageous the king's father, was done wrong; murmur
Pecially, where found
occasion dissent. For as he watched over ing withal against the present government.
the earl Desmond, his perpetual adversary, And the said Charles Knevet, that had
since the division Lancaster and York, (in which his ancestors were on the side of Lan
caster, and the Kildares and Desmonds on
that York), discovered more favours done doers thereof should not have cause great the present earl Desmond, (whom called rejoycing; for would have plaid the part
traytor) than thought due him; inso which his father intended have put prac much that complained the cardinal, who tice against king Rd. Salisbury, who made
thereupon sent for Kildare. Though Polydore
saith, come voluntarily, into England
match with some English lady, and there be
haved himself unrespectfully the cardinal, have thrust into the body king ltichard,
that was cast into prison. But whatsoever the cause was, his charge was bestowed the earl Surrey, who going Ireland April
1520, reduced the earl Desmond and others to obedience.
The duke Buckingham being thus exposed
and unfriended, the cardinal treats secretly with knight, lord Abergavenny,
Rnevet, concerning him; who thereupon dis king died, would have the rule the realm, covers his late master's life; confessing, that
the duke, way discourse, was accustomed
been committed the Tower, (whereof was danger, upon occasion one sir W.
would have wrought, that the principa
earnest suit come into the presence the said king, which suit, might have obtained,
having knife secretly about him, would
had made semblance kneel down he fore him. And that, speaking these words, maliciously laid hands dagger, swear
ing, that, were evil used, would
say, how meant use the matter, that, king Henry died without issue, would
attain the crown, and that would punish the
spight whosoever said the contrary; swearing, that the lord Abergavenny revealed
most special Articles the evidence: which cardinal. Besides, that had spoken hereof the courteous reader yet may well con
unto George Nevill lord Abergavenny, who married the said duke's daughter. what
ineans yet the duke intended particularly effect these designs, not find exactly set down Charles Knevet. Neither the au thors, who write hereof, relate his pedigree; only our heralds say, was descended from
Anne Plantagenet, daughter Thomas Woodstock, son king Edward How far this yet might entitle him the crown, case king Henry should have issue, have neither leisure nor disposition examine. shall only therefore, for satisfaction the reader, select some principal points out his Indict ment; leaving the reader, for the rest, unto the search the record which, the points that my opinion made most against the duke, were
“That several times (1512, April 24, and July 22; and 1513, April 26; and 1517, July 20,) had sent one Hopkins, monk
sider more large, they are extant Re cord. How far yet these particulars were prov ed, and what sort, my authors deliver not. Only find (out our Records) that the duke
Buckinghaun being committed the Tower, April 16th, did, under his own hand, declare
Thomas Lovell, constable the Tower, the passages betwixt him and Hopkins, this man ner; that say, ‘That the summer before our king made war France (1512), Hopkins sent for him; but, not being able go, commanded one Delacour, his chaplain, re pair thither; howbeit, that Hopkins said nought
vealed me God. And that Hopkins de the priory Henton, informed him, manding afterward what children the king had concerning the matters imagined and that had, told the number and that Hopkins the monk should return answer, the duke should say thereupon, pray God his issue should have all; and therefore should labour continue; for that feared God was not con
procure the love the people. That the tented, because he made no restitution ac
duke afterwards should person the said cording
Hopkins, who confirmed the said prediction, further
adding, that knew revelation. Where restitution.
upon the said duke should give him several re cellor those words, and his return out of wards. That should speak Ralph France, came Hopkins again, and said,
Nevill earl Westmorland (his son-in-law), had told him true: also, that (another time) 01,
best accomplish
That being speech with
intended purpose. George Nevill,
this, would fight with him. ”
This conceive be the substance of the
him; yet that himself came the next Lent; where, shrift, the said monk told him, that our king should win great honour his journey
France; and that the king Scots came England then, should never home again. And that, when asked Hopkins how knew this, said, Deo habco; re
his father's will, charging the duke advise the king's council make
Further, That told his chan
said, that the
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201]
[292
the Trial may The following
therefore
Ertract from Stowe's Chronicle, Howes's edition, 510. 513.
STATE TRIALS, 13 HENRy VIII. 1522. -Trial of the
came to Hopkins, together with his son Stafford, the latter, perhaps his account
and the earl of Westmorland ; and that Hop acceptable some readers. kins asked who he was and thereupon should extract from Stowe's Chronicle
say, that some of his blood or name should added. ]
rove great men. And that, after this, Hop sins should send to the duke, to pray him, ac cording to his promise, to help their house (be
this meane time Edward duke Bucking conduit; the ten pounds, formerly given by ham was accused High Treason, wherefore
ing at Henton in Somersetshire) to make their
him, being spent. ’ And more than this he confessed not. Notwithstanding which, when
the king directed his letters the said duke, being his mannor Thornebury Gloces tershire, that incontinently should come
the Indictment was openly read, the duke
said, it was “false, untrue, conspired, and for his presence, which commandement the duke
ed', to bring him to his death; alledging (as
#. was an eloquent person) many reasons to
falsify the indictment. The king's attorney, on
the other side, producing the examinations,
confessions, and proofs of witnesses; the duke time sir Gilbert Parke the dukes chancellor was
hereupon desired the witnesses, which were taken, which had confessed matter high Knevet, Gilbert, Delacour, and Hopkins, to be treason, concerning the kings person. There
brought forth. These confirming their depo was also attached one Nicholas Hopkins monk sitions, the duke was tried by his peers, (being the order Carthusians, being Henton a duke, a marquis, seven earls, and twelve priory Somersetshire, and John Court barons) before the duke of Norfolk, who was the dukes confessor, and others. These were for the time made lord high steward of Eng prisoners the Tower.
Norfolk delivered his sentence, not without tions were taken divers shires him, that
obeyed, and came London, where hee was straight wayes arrested Henry Marney captaine the gard, and conveyed the Tower
London the 16th Aprill: before which
land. They condemning him, the duke of After the apprehension the duke, inquisi
tears. To which he replyed; “My lord of the knights and gentlemen was indicted
Norfolk, you have said as a traytor should be High Treason for certaine words spoken by
said unto, but I was never one. But, my lords, the said duke Blechingly Surrey, George
I nothing malign for what you have done to Nevill lord Burgaveny, and therewith was the
me; but the eternal God forgive you my death, same lord attached for concealement, and so
and I do. I shall never sue to the king for likewise was the lord Montague, and both con
life: howbeit, he is a gracious prince, and more veied the Tower: and sir Edward Nevill
grace may come from him, than I desire. And brother the said lord Burgaveny was for so I desire you, my lords, and my fellows, bidden the kings presence.
pray for me. ’ Whereupon was brought Moreover, the Guildhall London, be back the Tower; where all the favour re fore John Bruge knight, then maior the ceived was message from the king, declaring same city, inquest, the said duke was in his Sentence was mitigated far, that, instead dicted divers points high treason, the
receiving the death Traytor, should same inditement (which have seene and read) have only his head cut off. Thus ended the appeareth, inferring, that the said duke in duke Buckingham (May 17), much lamented tending exalt himselfe, and usurpe the
the people, (who libelled the cardinal for crowne, the royall power, and dignity the calling him Carnificis filium, Son Butcher,) realme England, and deprive the king being thought rather criminal through folly thereof, that hee the sayde duke might take and rash words, than any intention declared upon him the same against his allegeance, had
overt-act against the king's person; and there the tenth day March, the second yeere of
fore not uncapable his mercy; which also was thought would not have been denyed, had
sued for fitting terms. But since his arraignment, did, were, disclaim his
the kings raigne and divers times before, and after, imagined and compassed the kings death
and destruction London, and Thornebury the county Glocester: and for the accom life, would not obtrude it; and therefore plishment the wicked intent and purpose, the
only caused letter comfort written 24th Aprill, the fourth yeere the kings the dutchess, and lord Stafford. Yet the tra raygne, sent one his chaplaines called John gedy ended not so; for though George lord Court, unto the priory Henton So Abergavenny, after few months imprisonment, mersetshire, which was an house Carthusian was, through the king's favour, delivered; yet monkes, there
"Hopkins, after serious repentance that had
been author much mischief, dyed
grief. And here must observe, that together
with this duke, that great place high-con happen concerning this matter, which had stable England remains extinguished, unless
some extraordinary occasion revive
[Lord Herbert's statement the effect the Indictment, not being nearly full Stowe's,
and there being also some further particulars
his words any manner person, but onely the duke his master, there with declared that
master the said duke should have all, willing
understand one Nicholas the same house (who was
Hopkins, monke
vainely reputed
foreknowledge things come) what should
way revelation have
imagined which inonke, causing the said Court first sweare unto him, not disclose
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In
293] STATE TRIALS, 13 HENRY VIII. 1522–Duke of Buckingham, for Treason. [204
him for the accomplishment of his purpose to seeke to winne the favour of the people. De la Court came backe with this answere, and told it to the duke at Thornebury the morrow after, being the 25th of Aprill. And on the 22 of July the same fourth yeere, the duke sent the saine de la Court with letters unto the saide monke, to understand of him further of such matters, and the monke told to him againe for answere, that the duke should have all : and beelng asked as well now as before at the first time, how he knew this to bee true, he saide by the grace of God, and with this answere de la Court now also returning, declared the same unto the duke, on the 24. of July at Thornebury aforesaid. Moreover, the saide duke sent the same de la Court againe unto the said monke with his letters the 26. of Aprill, in the 5. yeere of the kings raigne, when the king was to take his journey into France, requiring to understand what should become of these warres, and whe
ther the Scottish king should in the kings ab sence invade this realme or not. The monke
among other things, for answere of these letters,
sent the duke word that the king should have accustomed to have, to the end they might bee no issue male. Againe, the said duke the 20 assistant to him under colour of offices, to bring day of Feb. in the 6. yeere of the kings raigne, his evill purpose to passe. Moreover, the same being at Thornebury, spake these words unto duke sent to the king the tenth daye of May, Ralph earle of Westmerland : Well, there are in the ninth yeere of his raigne, for licence to two dukes created in England, but if ought but retaine any of the kings subjects, whom it good come to the king, the duke of Buckingham should please him, dwelling within the shires should be next in blood to succeede to the of Hereford, Gloucester, and Somersetshire: crowne. After this the said duke on the 16. and also, that he might at his pleasure convey day of Aprill, in the said sixt yeere of the kings divers armours, and habilements for warre into
raigne, went in person unto the priory of Hen Wales, to the intent to use the same against ton, and there had conference with the foresaid the king, for the accomplishment of his naughty monke Nicholas Hopkins, who told him, that purpose, which was to destroy the king, and to hee should bee king; whereunto the duke said, usurpe the roial government and power to him that if it chanced, hee would shew himselfe a selfe: which suite for licence to have retayners,
just and right wise prince. The monke also and to convey such armours and habilements told the duke that he knew this by revelation, of war, the said Gilbert the 20th of May, in and willed him in any wise to procure the love the sayde ninth yeere, and divers other dayes
of the commons, the better to attayne his purpo sed intention. The duke the same time gave, and promised to give yeerely unto the saide
before and after at London, and East Greene wich did follow, labouring earnestly, both to the king and counsell, for obtaining of the same.
priory 6. pound, there with to buy a tunne of And the 20th of July, in the said ninth yeere, wine : and further promised to give unto the the saide duke sent the said Gilbert unto Hen
said priory in ready money twenty pounds, ton aforesaide, to understand of the aforesaid whereof ten pounds he gave in hand, towards the monke Nicholas Hopkins what hee heard of
conveying the water unto the house by conduit. hin ; and the monke sent him word, that be And to the saide monke Nicholas Hopkins, he fore Christmas next there should be a change, gave at that present in reward three pound, and that the duke should have the rule and go and at one other time forty shillings, and at vernment of England. And moreover, the another time a marke, and at another time sixe 20th Febrnary, the 11th yeere the shillings and eight-pence. After this, on the 20 kings raigne, Blechingly Surrey, the sayde day of March, in the tenth yeere of the kings duke sayde unto the saide Robert Gilbert his
. . .
soones had conference with the saide monke, to time more convenient atchieve his purpose,
raigne, he came to the same priory, and est
that did expect and tarry for
bee more fully informed by him in the matters and that might easily bee done, the nobles above specified, at what time the monke also the realme would declare their mindes toge told him that he should be king, and the duke ther but some then mistrusted and feared in talke tolde the monke, that he had done very shew their mindes. Ilee sayde further the well to binde his chaplaine John de la Court, same time unto the saide Robert Gilbert, that under the seale of confession, to keepe secret whatsoever was done the kings father, was such matters, for if the king should come to done wrong; and still the duke murutured knowledge thereof, it would be his destruction. against that the king then presently raigning Likewise the twentieth day of October, in the did. And further said, that knew lim
*
seventh yeere of the kings raigne, and at divers other times, as well before as after, the said duke had sent his chancellor Robert Gilbert, chaplaine, unto London, there to buy certaine clothes of golde, silver, and velvets, every time so much as amounted to the value of three hundred pound, to the intent, that the saide duke unight bestow the same, as well upon knights, esquires, and gentlemen of the king's house, and yeomen of his gard, as upon other the king's subjects, to winne their favours and friendships to assist him in his evill purpose: which clothes the saide Gilbert did buy, and brought the same to the said duke, who on the 20th day of January in the saide seventh yeere, and divers other dayes and yeere, be fore and after, did distribute, and give the same to certaine of the kings subjects, for the pur
pose before recited.
so
the saide duke the tenth of July, in the tenth yecre of
the king's raigne, and divers other dayes and times, as well before as after, did constitute more severall and particular offices in his cas tles, honors, lordships, and lands, than hee was
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STATE TRIALS, 13 HENRY VIII.