No More Learning

bound, and have made execution ments the king's commandments, time aforesaid, without interruption,
termed the act) had
the assent his lords, and the request the commons, hath ordained and
such judg the
bound right other the king's
make execution commandments:
which England hath becom peace
well now, the time all And whereas the bishop
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so I j STATE TRIALS, 20 HENRy VIII. 1529. —Proceedings against [372 cesses, and Sentences of Excommunication, chattels forfeit, and that his person might
Bulls, Instruments, or other things whatsoever,
which touch the king, against bim, his crown,
and regality or realm, and they which bring
within the realm, or them receive, or make
thereof notification, or any other execution
whatsoever within the same realm or without ; produced against the Cardinal, namely, that that they, their notaries, procurators, main contrary the right the true patron (being tainers, abettors, fautors and counsellors, shall the master and fellows the hospital St. be put out of the king's protection, and their Lazarus Burton-Lazar), had, the same lands and tenements, goods and chattels, forfeit authority, given away the parish-church
to the king, and that they be attached by their Galby Leicestershire, and diocess Lincoln
him
with hands.
that
Upon which statute it was alledged, “That some use thereof the general, called Thomas, legatus de latere, cardinal, archbishop Council the nobles, the Star-Cham of York, and primate of England, being not ber, who having sufficiently condemned him, ignorant of the premises, bad obtained certain afterwards remitted him the Parliainent,
bodies if they may be found, and brought before
the king and his council, there to answer to the
cases aforesaid, or that process be made against
them by a writ of Pramunire facias, in manner
as it is ordained in other Statutes of Provisors,
and other, which do sue in any other court, in de
rogation of the regality of our lord the king. ”— the Cardinal's punishment, unless made
i.
jurisdiction and authority legatine, to the de king also did wisely, since interesting the privation of the king's power established in his publick his condemnation, both declined courts of justice; which said Bulls he caused the censure those who thought the late Pro to be publicly read in Westminster, (Aug. 28, ceedings have been the severest, and en
from Clement
7, by
which he exercised which
began
November 1529. Wherein the
seized on. ”
The Cardinal condemned the Star Chamber.
Not contented herewith yet, another proof the same kind was the king's attorney
(then, vacant the death one Woodroff) one John Allen, doctor both laws, and placed
it. —And thus fell the Cardinal, together his vast possessions, into the king's
But the king did not think enough had particularly advantaged himself
1523) assuming to himself thereupon the dig. deared his people putting the power
nity and jurisdiction of Legatus de Latere, punishing him into their hands. Therefore which he hath exercised from the said 28th of they . # intire satisfaction for they
Aug to this day, to the prejudice of the right had hitherto suffered and applauding
of both secular and ecclesiastical persons, and the king, made him know how thankfully they that by colour thereof, he had given away the took this favour. And thus did the king return Church of Stoke-Guildford in the county of that former good opinion had his
Surrey (being ofright in the donation of the subjects.
prior of St. Pancrase) to one James Gorton, who also enjoyed it accordingly. All which
was to the contempt of the king and his crown,
and contrary to the aforesaid statutes of 16
Rq. 2. Moreover that, by colour of the said
nuthority, he had caused the last Wills and ginal whereof, found among our Records, Testam, nts of many (out of his diocess) to be have thought transcribe and the rather cxhibited and proved in his court, and their for that our vulgar Chronicles inisreport them. goods and chattels to be administered by such “Constrained necessity our fidelity as he appointed. Also that, under colour of and conscience, complain and shew your the said authority, he had made divers visita royal majesty, we your graces humble, true, tions out of his diocess, and drawn divers Pen faithful, and obedient subjects, That the lord sions from Abbeys, to the contempt of the king Cardinal York, lately your graces chan and his laws. ” cellor, presuming take upon him the autho
The proofs of which particulars, though evi rity the Popes Legat latere, hath
dent and notorious, were not yet urged to his divers and many sundry ways and fashions conviction, till, through the king's special per committed notable, high, and grievous Offences,
mission (by writ of October 28. ) John Scuse misusing, altering, and subverting the order of
and Christopher Genney appeared in court as
his Attorneys; where, for other Answers,
they protested the said cardinal's name, that the said cardinal did not know the impetration
the said Bulls have been the contempt and prejudice the king, that was against
any Statute Provisors heretofore made. As graces realm, for the particulars wherewith was charged particularly
Attorney, comparison * master confest them true which but few his
the manner and forum alledged and sub enormities, excesses, and transgressions com mitted himself the king. Whereupon the mitted against your graces laws. That
sourt gave Sentence, that “he was out the say, - king's protection, and his lands, goods, and First, where your grace, and your
ART1cLEs preferred against the Cardinal Parliament.
Hereupon, certain Articles against the Car dinal were preferred parliament. The ori
your graces laws, and otherwise contrary your high honour, prerogative, crown, estate, and dignity royal, the inestimable damage your graces subjects every degree, and con sequently the great hindrance, diminution, and decay
the universal wealth this your touched summarily and
certain Articles here following;
to 1.
to
of
of
so all
is
I in
of
in by
of
of to
of
in
:
he
to it
to he
be
of
he allin
of ininto
inofto
of
it toin as of
aas
fit
or
all
by is inof in;by of
of all
of
of by
is to an it to to by
to
ofto by
de
;
by to sit he in
to
of all
ofofheaoftoof be
of
by
he
so
hehe it
of 3, to
of
of by
of he iu
573] STATE TRIALS, 20 HENRY VIII. 1529. --Cardinal Wolsey. [374
progenitors within this your realm of England, the surety and wealth this realm, the same being kings of England, have been so free, that lord cardinal knowing himself have the foul they have had in the world other sove and contagious disease the great pox, broken
reign, but immediate subject Almighty God, out upon him divers places his body, things, touching the regality your came daily your grace, rowning your ear,
crown England, and the same pre-eminence, prerogative, jurisdiction, lawful and peaceable possession, your grace, and your noble proge nitors have had, used, and enjoyed without interruption, business therefore, the space 200 years and more; whereby your
and blowing upon your most noble grace with
his perilous and infective breath, the marvel ous danger your highness, God his in
finite goodness had not better provided for your highness. And when was once healed them, made your grace believe that his
grace inay prescribe against the Popes Holi disease was impostume his head, and ness, that should not, nor ought send, none other thing. —7. Also, the said lord car
execute any authority lega dinal, authority legatine, hath given, by your graces prerogative within prevention, the Benefices divers persons,
make any legat
time, contrary
this your realm.
York being your subject, and natural liege born, hath his high, orgullous, and insati able mind, for his own singular advancement and profit, derogation, and the great im blemishment and hurt your said royal juris diction, and prerogative, and the large conti nuance the possession the sane, obtained authority legatine, reason whereof hath
only hurt your said prescription, but also by the said authority legatine hath spoiled and taken away from many houses religion this your realin, much substance their goods; and also hath usurped upon your Ordinaries within this your realm much part their juris diction, derogation your prerogative, and
the great hurt your said ordinaries, pre lates, and religious. —2. Also, the said lord cardinal, being your ambassador France,
made Treaty with the French king for the Pope, your majesty not knowing any part there
well spiritual temporal; contrary your crown and dignity, and your laws and estatutes
Now the lord Cardinal
therefore provided; danger your grace
reason whereof
wise than true counsellor ought do, hath used have all ambassadors to come first to
him alone, and hearing their charges and intents thought hath in-tructed them after his pleasure and purpose, before that they came your presence; contrary your high commandment your graces mouth him given, and also other persons sent
him your grace. —9. Also, the said lord Car dinal hath practised so, that manner Let
ters sent from beyond the sea your highness have come first his hands, contrary your
high commandment your own mouth, and also others sent him your grace; reason whereof your highness, nor any your
council had knowledge matters, but such pleased him shew them whereby your
highness and your council have been compelled very force follow his devices, which often
forfeiture lands and your pleasure—8. Also, the said lord cardinal, taking upon him other
goods, and body
of, nor named French king controversy
the same; and binding the said abide his order and award, any doubt should arise upon the same betwixt the said Pope and the French king. —
Also, the said lord cardinal, being your am times were set forth him under such crafty bassador France, sent Commission sir and covert means, that your highuess and your Gregory Casalis, under your great seal, council have oftentimes been abused. Inso
your graces name, Amity with the duke
conclude Treaty much, that when your council have found, and Ferrara, without any put divers doubts and things which have after your highness, nor wards ensued, abuse them used these
command warrant
your said highness advertised made privy
of
words; will lay my head that such thi
happen. ’—10. Also,
shall the said lord cardina
hath practised that manner person, hav
ing charge make espial things done beyond
the sea, should their return come first
your grace, nor any other your council,
but only himself, and case they did the contrary, punished them for doing. —11.
the same. —4. Also, the said lord
his presumptuous mind divers and many his Letters and Instructions sent out of this
realm outward parties, had joined himself with your grace, saying and writing his
said etters and Instructions; “The king and And, would should thus. The
ğ.
king and give unto you our hearty thanks. ’ Also, the said lord cardinal hath granted Li Whereby apparent that used himself cense under your great seal for carrying out more like fellow your highness, than like grain and other victual, after the restraint hath
-subject. —5. Also, where hath ever been ac been made thereof, for his own lucre, and sin
customed within this your realm, that when gular advantage him and his servants, for noblemen swear their household servants, send thither he bare secret favour, without
the first part their oath hath been, That they your graces warrant knowledge thereof— should true liegemen the king and his 12. Also, the said lord cardinal used, many heirs kings England; the same lord cardinal years together, not only write unto your caused his servants only sworn him, ambassadors resident with other princes his
there had been sovereign above him. — own name advertisements concerning your And also, whereas your grace our so graces affairs, being their charge; and
vereign lord and head, whom standeth the same his Letters wrote many things his
6. if
3.
to ot in all
is to all as
to
of do ait ‘I of is
or dein
orto
in he of
all as or
is a
to his
his
to
in
to
of
to
he
to if
of of to
inall of
of to of
by toto
to inasofof
of
of
to
so
in
in toofto
*I I. ’
|
be Ito
a
in of ofof
to as
be ye of of of
in to it
of
in of a of
a
in
of or
heto to to at
‘I
he to tobe as
he
an of
no
to
by
to by
at of by
of as it
to
to
in
to to
noto in to by all
he or all to to
do
a
in ofofof
no
in toif ofto ofin
he
by
of
by by to
it to by
of
in no by ofin
by all he soofof ; to
of
to of in
no
to
he is
or
375] STATE TRIALS, 20 HENRY VIII. 1529. —Proceedings against [376
own mind, without your graces pleasure being executors, refuse meddle. —18. Also, the known, concealing divers things which had been said lord cardinal constrained all ordinaries necessary for them to know ; But also caused England yearly compound with him, else them to write their Advertisements unto him : will usurp half the whole their juris and of the same Letters he used to conceal for diction prevention, not good order
the compassing of his purposes many things the diocess, but extort treasure for there both from your other counsellors, and from never poor arch-deacon England, but yourself also. -13. Also, where good hospitality that paid yearly him portion his
hath been used kept houses and places living. —ig. Also, the said lord cardinal hath Religion this realm, and many poor people not only his untrue suggestion the Pope,
thereby relieved, the said hospitality and relief shamefully slandered many good religious now decayed and not used; and com houses, and good virtuous men dwelling
monly reported that the occasion thereof because the said lord cardinal hath taken such
then, but also suppressed reason thereof above houses religion; and where, by
so
such religious houses, such yearly and con number: and thereupon hath caused divers
impositions the ruiers the said houses,
authority his Buil, should not suppress
any house that had more men reli-ion in riors, for his visitation, his authority number, above the number hath
well for his favour making abbots, and
and yet, nevertheless, taketh yearly suppressed divers houses that had above the
tinual charges, they not able keep hos offices found verdict, untruly, that the pitality they used do; which great religious persons, suppressed, had volunta
many vagabonds, beg rily forsaken their said houses, which was un gars and thieves. —14. Also, where the said trüe, and hath caused open perjury
cause that there
lord cardinal said, before the suppression committed, the high displeasure Almighty such Houses hath suppressed, that the God. —20. Also, the said lord cardinal hath
possessions them should set farm examined divers and many matters the among your lay-subjects, after such reason Chancery, after Judgment thereof given the
laws; and
have been put from their lawful possession their lands and tenements. And, such means, hath brought the more party the
able yearly rent they should well thereupon common law, subversion your
live, and keep good hospitality; and now the made some persons restore again
demain possessions the said houses, since party condemned, that they had
the suppression them, hath been surveyed, virtue the Judgment the common law. mete, and measured the acre, and now –21. Also, the said lord cardinal hath granted set above the value the old rent; and also many injunctions writ, and the parties never such were farmers covent-seal, and called thereunto, nor hill put against them. copy-holders put out, and moved their
farms, else compelled pay new fines, con
trary equity and conscience. —15. Also, the said lord cardinal, sitting among the lords,
And, reason thereof, divers your subjects
and other your most honourable council,
used himself that any man would shew his
mind according his duty, contrary the
opinion the said cardinal, he would take wrongs. —22. Also, the said lord cardinal,
him with accustomable words, that they were better hold their peace than speak, that would hear man speak, but one
augment his great riches, hath caused divers pardons granted the Pope suspended, which could not be revived till that the said lord cardinal were rewarded, and also have
two great personages, that would have
all the words himself, and consumed much time yearly pension the said pardon. —23. Also, with fair tale. —16. Also, the said lord cardi the said lord cardinal, not regarding your laws
nal his ambition and pride, hath hindered nor justice, his extort power, hath put out
and undone many your poor subjects for want dispatchment matters; for would no man should meddle but himself. Inso.
divers and many farmers his lands, and also patents the archbishoprick York, and bi shoprick Winchester, and the abby St.
much, that hath been affirmed many wise Albans, which had good and sulficient grant men, that ten the most wise, and most ex thereof your laws. -24. Also, the same lord
pert men England, were not sufficient cardinal many times when any houses re convenient time order the matters that he ligion have been void, hath sent his officers
would retain himself: and many times thither, and with crafty persuasions hath in deferred the ending matters, because that duced them compromit their election him. sutors should attend and wait upon him, where And that, before ere named confirmed
might
had small pleasure that house any them, and his servants received replenished with sutors. -17. Also, much great goods them, that manner
the said lord cardinal, his authority lega hath been the undoing the house. —25. time, hath used, any spiritual man having any Also, his authority legatine, the same lord riches substance, deceased, hath taken cardinal bath visited the most part the reli their goods his own; reason whereof gious houses and colleges this your realm, their Wills not performed and one mean hath taken then the twenty-fifth part
had, put them fear that were made their livelihood, the great extortion your
sutors this your realm before himself, where and divers his servants have gotten much riches, and your subjects suffered great
the other execution
he of orso
of
"is
of
to
or he
he ofbyauptoas he of or
as as
in
of of no by tobe of bysotoby in
of to
totoof in to heof to
beas
if
init of
to his
ofall
ofas as of as he be
of of
all
: by he
byof byhe to
of
a to of
in
by
ofhe he ofby to 30 aby
no
to
be
to
to of if ofof so in be
it his he tosoto ofbe to a is
he in of by by
as is,
atbyofof heoftosobeofbyto
of byofby sobyoforto to
he he he in of in of
in or of
into
of
7, he
to
of
ofof of of
to be
ofin
of
6 orof
by
ain for
; of
of
itso
by
of atto
in
in
of or be in of
be
is
to
is
he
377 STATE TRIALS, 20 HENRY VIII. 1529. —Cardinal Wolsey. [375
subjects, and derogation of your laws and pre which ready proved. —33. Also, the rogative; and no law to bear him so to do. — said lord cardinal's officers have divers times 26. Also, when matters have been near at compelled your subjects serve him with carts
Judgment by process at your common law, the for carriages. And also his servants have same lord cardinal hath not only given and taken both corn and cattel, fish, and all other sent injunctions to the parties, but also sent victuals your graces price under, though for your judges, and expressly by threats com had been for your grace, which contrary manding them to defer the Judgment, to the the laws. -34. Also, the said lord cardinal evident subversion of your laws, if the judges hath misused himself your most honourable would so have ceased. —27. Also, whereas nei court, keeping great estate there ther the bishoprick of York, nor Winchester, your absence, your grace would have done,
nor the abby of St. Albans, nor the profit of you had been there present your own per his legation, nor the benefit of the chancery, son. —35. Also, his servants, virtue your nor his great pension out of France, nor his commission under your broad seal him
wards, and other inordinate taking could not suffice hita, he hath made his son Winter to spend 2700l. by the year, which he taketh to his own use, and giveth him not past 200l. yearly
them given, hath taken cattel, and other victual, low price your purveyors have done for your grace your prerogative, against the laws your realm. --36. Also, where
to live upon. —28. Also, where the said lord hath been accustomed that your purveyors for
St. Albans 300
suffered
be hurt offended; and upon that condition, Star-Chamber, that they nor other for them
other, was admitted your grace should make labour, legate within this your realm, which con directly indirectly, dition he hath broken, well known all your gracious favour
cardinal did first sue unto your grace to have
your assent to be legate de latere, he promised
and solemnly protested before your majesty,
and before the lords both spiritual and tempo the lord cardinal had the room
ral, that he would nothing do or attempt by your said purveyors could not
virtue of legacy, that should contrary him and his officers, take any wheat within your gracious prerogative regality, the the said town liberties. —37. Also he hath damage prejudice the jurisdiction any divers times given injunction your servants, ordinary, and that his legacy man should that have been for causes before him the
and
your subjects. And when that made this presumptuous intent for any subject. –38. Also,
promise, was busy his suit Rome,
visit the clergy England, both exempt and
not exempt. —29. Also, upon the suit the
said lord cardinal Rome, have his autho Chester, and afterwards his power and rity legatine, made untrue surmise the might, contrary right, committed the said Pope's holiness against the clergy your
realm, which was, that the regular persons the said clergy had given themselves repro
bum sensum; which words St. Paul writing the Romans applyed abominable sin; which slander your Church England, shall for ever remain the register Rome against the clergy
John Stanley the prison Fleet the space one year, until such time compelled
this your realm. —30. Also, the said lord displeasure taken his heart, made himself cardinal had the more part the goods Dr. monk Westminster, and there died. —39. Smith, late bishop London, bishop Savage Also, time your grace being Albans,
York, Mr. Dalby, archdeacon Richmond, according the ancient custom used within Mr. Tornyers, Dr. Rothal, late bishop of Dur your verge, your clerk the market doing his
ham, and Dr. Fox, late bishop Winchester,
contrary their wills and your laws and justice.
–31. Also, the Oyer and Terminer York,
proclamation was made, that every man should
put their bills for extortion ordinaries,
and when divers bills were put against the gates your honourable household, and also
officers the said lord cardinal extortion, the market-place within the town Al for taking 12d. the pound for probation bans, ancient custom hath been used; testaments, whereof divers bills were found be and the lord cardinal, hearing the same, pre fore justice Fitz-Herbert, and other commis sumptuously, and not like subject, caused the sioners, the same lord cardinal removed the aforesaid prices which were sealed with your same indictments into the chancery Certio graces seal, accustomably used for the same, rari, and rebuked the same Fitz-Herbert for be taken off, and wodown the said mar the same cause. —32. Also, the said lord Car ket-place where they were up, and the dinal hath busied and endeavoured himself same place own prices sealed with crafty and nutrue tales make dissention and his seal, and would, had not been letted, debate amongst your nobles your realm, semblable manner used your seal standing
your honourable household have had yearly
out your town and liberty 400 quarters wheat, truth
that since abbot there,
the said lord cardinal did call before him sir
John Stanley, knight, which had taken farm covent-seal the abbot and covent
the said sir John release his covent seal one Leghe Adlington, which married one Lark's daughter, which woman the said lord cardinal kept, and had with her two children. Whereupon the said John Stanley, upon
office, did present unto your officers your most honourable household the prices all
manner verge; and
victuals, within the precinct the
officers
was commanded your said set the said prices both the
any manner way your grace, obtain
pardon, which was
of
of of
by no
be
in
in
or
of
if to it
to
in
as
if it
his
in to of sir
to by of be
set in
it
to
of is,
byin
in
St. on ofofof
a
of in
to
by it to in
a
of by as
or
of
he at of to
he
in
all
be no
of toof at
in to
he
or
or his
by of
to
by all of
is
as
at
in of
of by
ofor
asof onin oftoof a
or
at in at is ofas
of
of
to
of of
at
of
by of
ofinof
byof tooftoto
by
athe
of toofto to
to
set ittoofto or as
up up toof of to
at St.
heby
to sir of a
be of it
is
or
orto by
as
asin
to
379] STATE TRIALS, 20 Henry VIII. 1529–Proceedings against [380 upon your graces gates; and also would of his reign amongst the students and scholars of
presumptuous mind, have openly set in the the same,
stocks within your said town your clerk of your and opinions,
market. By which presumption and usurpa informed
tion your grace may perceive, that in his heart said two bishops that behalf, expresly inhi he hath reputed himself to be equal with your bited and commanded them no wise so to
royal majesty. —40. Also, the said lord cardi do. By means whereof the same errors (as nal, of further pompous and presumptuous they affirmed) crept more abroad, and took mind, hath enterprised join and imprint the greater place: saying furthermore, that was cardinals hat under your arms your coin not their defaults that the said heresics
groats, made your city York, which like were not punished, but the said lord car
dinal, and that was reason any blame lack should be arrected unto then for his of
Whereby evidently appeareth
fence. that
deed hath not been seen have been done any subject within your realm before this time.
Also,
41. where one sir Edward
Jones, clerk, Bucking am, the 18th year your most noble reign,
F.
let his said parsonage with tythes, and other
profits the same one Wm. Johnson
indentures for certain years, within which years
the dean the said cardinal's college Ox
ford, pretended title certain portion
tythes within the said parsonage, supposing your most royal majesty, that the lord cardinal
Crowley the county
the said lord cardinal, besides
other his
the said portion belong the parsonage Chichley, which was appropriated the priory
his outragious pride hath greatly shadowed long season your graces honour, which
possessed the said portion, time out mind: whereupon subpoena was directed the said Johnson appear before the said lord cardinal
Hampton-Court; where without any bill, the said lord cardinal committed him the
and treasure without measure, hath griev ously oppressed your poor subjects, with manifold crafts bribery and extortion, that the commonwealth this your graces realin thereby greatly decayed and impoverished:
Fleet, where remained the space twelve and also his cruelty, iniquity, affection and
would not depart with the partiality, hath subverted the due course and the last, upon recog order your graces laws, the undoing
weeks, because
said portion and
nizance made, that
the said lord cardinal wheresoever he was com your most royal majesty therefore your manded, was delivered out the Fleet. excellent goodness towards the weal this Howbeit, yet the said portion kept your realm, and subjects the same, set from him, that dare not deal with it. —42. such order and direction upon the said lord
Also, where one Martin Docowra had lease
the mannor Balsal the county War
wick, for term certain years, injunction
came him out the Chancery, writ, upon ded for, that never have any power, juris- pain 1000l. that should avoid the pos diction, authority, hereafter trouble, vex, session the same mannor, and suffer sir Geo. and impoverish the commonwealth this your Throgmorton, knt. take the profits the realm, hath done heretofore, the great same mannor, the time the matter depending hurt and damage every man almost, high
the Chancery between the lord St. Johns,
and the said Docowra were discust; and yet the said Docowra never made answer the
law. —43. Also, whereas the parliament
and low. Which for your grace doing, will
Chancery, never was called into the Chance
majesty long
endure pleasure
for that matter. And now of late he received the like injunction, upon pain 2000l. contrary the course the common
health,
most desire.
God, your and
hearts
should appear before great number your loving people;—Please
ii.
daily pray, their duty
for the prosperous estate
Almighty God,
your most royal
honour and good
our sovereign lord chamber, and the open parliament, commu king Henry More," Norfolk, Char.
nication and devices were had and moved, wherein mention was, incident, made matters touching heresies, and erroneous sects.
was spoken and reported one bishop there being present, and confirmed good number the same bishops presence the lords
spiritual and temporal then assembled, and two
the said bishops were minded and desired repair unto the University Cambridge, for examination, reformation, and correction
such errors then seemed, and were reported
Suffolk, Tho. Dorset, Exeter, G. Shrews bury, Fitzwater, Jo. Oxenford, Northum land, Darcy, Rochford, W. Mountjoy, Wm. Sandys, Wm. Fitz-William, Henry Gulde ford, Anthony Fitz-Herbert, John Fitz-James. ”
Concerning these signatures, lord Coke, Inst. 95), observes “So these Articles began subscribed Thos. More, lord chan
cellor, and ended with the two judges the law. ”
well touching the Lutheran sect otherwise; the lord cardinal
the good minds and intents the
offences,
disturber of due and direct correction of here sies; being highly the danger, and peril
the whole body and good Christian people
heinous
hath been the
impeacher
and
this your realm. —44. Finally, forasmuch the aforesaid articles evidently declared
Tykeford, lately suppressed, where truth,
the parsons Crowley have been peaceably avarice and ravenous appetite, have riches
most highly regarded, and his insatiable
cardinal, may the terrible example others beware offend your grace and your laws hereafter: and that provi
the
“Subscribed the 1st day 21st year the reign
December, the
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381] STATE TRIALS, 20 HENRY VIII: 1529. —Cardinal Wolsey. [382
These Articles being agreed to by the whole house were presented to the king by the lords, and then sent down to the lower house: where
insomuch, that wrote the king, humbly, his knees, with weeping eyes, that the college Oxford might stand, and importuned
Tho. Cromwel (obtaining the place of a bur Cromwel this purpose, since they are
gess) so wittily defended the cardinal his master, manner, saith lie, “Opera manuam tuarum. ” that no Treason could be laid to his charge. But Cromwel returned him comfort herein, Yet could not the resisting of this brunt, nor saying, “the king was determined dissolve even the gracious Messages received frequently them, though whether meant restore them from the king, chear up the cardinal. For as again, and found them his own name,
he found the Pope had now a long while neg knew not; but wishes him be content, &c. ”
York, i.
o
moved so much compassion, as not only he, means, which also signified the king; but, by his intreaty, mistress Anne Bolen, who thereupon sent him thousand
whom the cardinal had in vain importuned to with which and train, reduced now about intercede for him, also sent him several tokens; 160 persons, set forth, giving the way whereof one was a ruby, wherein the king's much alms, and not few other arguments image was curiously engraven, a gift heretofore devotion, which also made him gracious with
cardinal's, together gracious the people, who resorted from ad of the §. with a mes places
Butts, physician; joining, him. And thus with slow and un sage delivered by his
* That his highness was not angry with him in willing removes, came Cawood castle his heart, which he should know shortly. ” near York, about the end Sept. 1530, where Whereupon the cardinal recovered his prepared according the antient custom, health, for the king, so confirming his pro installed with much ceremony about mises, sealed his pardon, Feb. 12, and three month after access the choire, being
lected to give the king any satisfaction, which howsoever, the traffick these and other certainly was the only way to procure the car lands, well negociating his masters busi dinal's restitution, and that, for the rest, no ness, Cromwel shewed that dexterity, which evident sign of the king's relenting appeared, last won him much credit, both with the king so being not able to support any longer his and his principal counsellors. And now the
many
being
news whereof being brought to the king's ears, excuse for retarding his journey, but want
Fwhe.
sup
he fell
dangerously
sick. The cardinal
commanded
had
days after, by letters patents, restored him to the archbishoprick of York. Moreover, he
sent him money, plate, rich hangings, and fur niture for his house and chapel, in that quan
till then forbidden. But whether the solem
nity this action was thought our king unreasonable, and misbecoming one dis
grace; that otherwise the cardinal had cast forth some discontented words, which were re lated again the king; here certainly began
tity, as the cardinal was for the present much
recovered: hoping also, that since he had re
signed his house called York-house, but after his final ruine. Which, his enemies (at this
ward by the king styled the Mannor of West minster, now Whitehall, that his punishment
ended there, and himself now upon terms of regaining the king's favour. The confidence
distance) did with more boldness and advan tage procure, had less means repair
himself. Insomuch, that without being able discover prevent their machinations,
was forced suffer all that could be either to the king, that, for his health's sake, truly, almost falsly surmised against him.
Ncither had other hope, but that the punish ments had already endured, might accept ed as an intire satisfaction for all his offences.
reof also made him to be an humble
ight
we have leave to remove to Richmond
m
house, the use ofwhich he had received in ex
change from the king, for that his sumptuous
palace which he built, and called by the name of Hampton-court.
The Cardinal sent to Bishoprick York.
The Cardinal arrested Treason.
York, High
And now Cardinal Woolsey, seems, had
tried his utmost skill for recovering the with one Walter Welsh, gentleman the
kings favour; whereof also some hope was given him his being permitted remove
Richinond. But his enemies suspected would make use this nearness, obtain cess the king, they laboured instantly
send him the north. Whereinsthey pre vailed length, obtaining further, that the Revenues the bishoprick Winchester, and abbey Saint Albans, also some other places, his, forfeited the Praemunice, might applied part the kings servants;
pension only out Winchester, being re served the cardinal. The revenues also of
his two colleges were torn and divided, which grieved him more than any other affliction:
kings privy chamber, came the kings com mand Cawood, arrest the cardinal,
And now his stallation grew near, when the earl Northumberland, warden the marches,
used that diligence and secresie, had placed his guards the hall, be
wherein
that
fore any escaped advertise the cardinal thereof. Neither did he, the earls coming
stairs, receive him other terms than those guest, till entring into private chaumber
together, the earl low and troubled voice arrested him High Treason. The dismayed
and pensive cardinal stayed while before answered, but last recovering spirits, de manded the sight the earls commission, pro testing that otherwise would not obey; urging further, that was member the
a
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3S3] STATE TRIALS, 20 HENRY VIII. 1520. —Proceedings against [384
college of cardinals at Rome, and so excempt Kingston came again comfort him, but the from princes jurisdiction. But while the cardinal, finding now that death would dis earl replied, that might not shew his com charge him Trials, but that before God, mission, sir Walter Welsh, who had now ar spake this effect:
rested Dr. Augustine the cardinals physician, comes in, and confirms what the earl had said.
The cardinal believing, this time, that they
were good earnest, yields Walter
Welsh, the kings servant, and not the ‘me most humbly the king, desiring him earl; whom said would not submit call to remembrance all matters that have himself, before was better satified his au ‘past betwixt us, and specially about queen thority. Which whether did out stub ‘Catharine, and then shall his grace know bornness the earl, who had been heretofore ‘whether have offended him. He prince educated his house, out despight
mistress Anne Bolen, who (he might conceive)
had put this affront upon him, finding means
employ her antient sutor take revenge
both their names, doth not appear me
my author. Howsoever, protested
no way faulty his allegiance. Dr. Augus could never dissuade him from it. There
tine, whose offence yet doth not appear me, “fore master Kingston, warn you, ever you was dispatched London, the posture his council (as for your wisdom you are traitor, his legs tied his horse. But the ‘meet) that well assured and advised cardinal had some respite though yet com ‘what you put his head, for you shall never
prepare for his journey; which length that deliberate manner,
removed slowly before from the
‘put out again. '
After which words, Cavendish hath them,
manded began
whom, being the steward
began exhortation take heed the him. In Lutherans, “by the example those Bohe
“Had served God diligently have ‘done the king, would not have given me “over my gray hairs; but this my just re “ward. Notwithstanding, pray commend
royal courage but rather than will want miss any part his will pleasure, will
‘endamage the loss one half his realm. “For, assure you, have often kneeled before
him, sometimes the space three hours, was ‘persuade him from his will and appetite, but
that king,
moved now more slowly somuch that had not the earl
Shrewsbury, mia, lest they should likewise subvert the secu the kings lar power. ” But the prosecuting this
houshold, the earl Northumberland was discourse his speech failed him, did his
commanded deliver him, till the kings fur breath presently after, insomuch that he
ther pleasure were known, told him, that the died, and was buried there the Abbey
king commanded should used kindly, Church, Nov. 30, before day. And not, where
one whom highly favoured; probable, had begun monument for himself, long
that the afflicted cardinal would have fallen since, wherein appears our Records
under the burthen his own griefs. Further
more, the earl assured him the king's part,
that, though highness could less than
put him his Trial, yet that was more for the satisfying some persons, than out mis
had not omitted his own image, which one Benedetto, statuary Florence, took hand
1524, and continued till 1529, receiving for much was already done 4250 ducats. The design whereof was glorious, that exceeded far that Henry Nevertheless, find the cardinal, when this was finished, did purpose
make tomb for Henry but dying this manner, king Henry made use much
trust his traiterous doings.
Speech,
The Cardinal's last
and Death.
And thus Sheffield castle,
night, when wind-colick, which ended
fort
staid
dysentery, took him. which state, Wm. tomb the cardinal partake the same fortune
Kingston, captain the king's guard, and con stable the Tower, attended with yeomen the guard (all them formerly servants
with college, being assumed the king;
news the cardinal's death being brought
the cardinal) did find him. that, notwith our king, did much afflict him, that wish
standing the many incouragements the earl, seconded sir. Wm. Kingston (who his
had cost him twenty thousand pounds upon condition had lived. Howbeit omitted not enquire about one thousand and five hundred pounds, which the cardinal had lately got without that the king could ima gine how. that, appeared borrow
knees saluted him) the cardinal remained still
sick and comfortless. Neither did avail him,
that Wm. Kingston (on the king's part) gave
him many gracious words, adding furthermore,
that should make no more haste than stood edit divers persons, might perchance sus with his health and convenience. For the cardi pect the remainder some his an nal became still more and more dejected. Not cient acquisitions. -
withstanding, considered that delay would but argue guiltiness, could, proceeded
And thus concluded that great cardinal.
man whom ability arts, and industry were equally eminent, though, for being employed
ways, they became dan power active and
journey the best he till he came
Leicester abbey, where feever, complicate
with his former disease, seizing him, lan gerous instruments
guished, not without manifest, signs mutable times.
end. Being thus upon bed, William means govern not only the chief affairs
found fit, and called his. Thus did the
both which yet remain still imperfect. The
wholly ambitious
these arts yet found
his a he on
;
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385] STATE TRIALS, 26 HENRY VIII. 1535. —Sir Thomas More. [386
this kingdom, but of Europe; there being no home. Wherewith again served the Potentate, which, in his turn, did not seek to king's turn, made him think the less
him; and as this procured him divers pensions,
so, when he acquainted the king there with, his
manner was, so cunningly to disoblige that
prince who did see him last, as he made way
thereby oftentimes to receive as much on the
other side. But not of secular princes alone,
but even of the pope and clergy of Rome he seemed exhaust all. Since becometh
was no little courted ; of which therefore he princes like good husbandmen when they
made especial use, while he drew them to se
cond him on most occasions. His birth being
otherwise so obscure and mean, as no man had
everstood so single : for which reason also,
his chief endeavour was not to displease any
great person, which yet could not secure him breaking As for his learning, (which was against the divers pretenders of that time. For
as things passed through hands, the who failed their suits generally hated him,
which, though did but exasperate
nature, yet this good resultance followed, that
just
his king, question disserv
far from exact) consisted chiefly the subti lities the Thomists, wherewith the king and himself did more often weary than satisfy each other. His style missives was rather copious than eloquent, yet ever tending the point. Briefly, true (as Polydore observes) that
man ever did rise with fewer virtues,
true, that few that ever fell from high place had lesser crimes objected against him Though yet Polydore (for being his first coming into England committed prison by him, we have said) may suspected
partial author. that probability
might have subsisted longer, when either his pride and immense wealth had not made him obnoxious, and suspected the king, that
other than women had opposed him Who
made him take the more care
whereof also obtained the reputation
Publick hearing causes. For
no body, his reason carried him. And thus
loved
using his own authority. One error seemed
common licity
both, which was that such multi offices and places were invested
lm. For
dinal particular, derogated little
drew much envy upon the car
from the regal authority, while one man alone
sow their grounds, which scatter, and not
throw one place. He was great dissembler, for qualified person order
ing his businesses for the Inost part cautious got more keeping his word than
was useful minister oints, where there was
ing the Roman church;
which (at what Price soever) find was zealous servant;
hoping thereby aspire the papacy,
whereof (as the factious times then were) seemed more capable than any, had not
inmoderately affected
was not hard judge
prince, who was ablest
Whereby also his inclinations. That help him this dig
they are vigilant and close enemies,
for
the most part, they carry their businesses that manner, they leave fewer advantages against themselves, than men do. conclu
sion, cannot assent those who thought him happy for enjoying the untimely compassion
the people little before his end, can not but account principal felicity, that dur ing his favour with the king, things succeed
help, though could not obtain that supreme
dignity passionately desired, yet pre doubted whether the impressions gave, did
nity, being ever preferred him, which there
fore was the ordinary bait which the empe
ror and French king one after the other, did
catch him. And, upon these terms, doubt
ed not to convey vast treasures out of this
kingdom, especially unto Rome, where had
not few cardinals his devotion. By whose
better than afterwards, though yet may
vailed himself much their favour,
kind absolute power spiritual matters
got not occasion divers irregularities which were observed to follow.
MoRE, knight, Lord Chancellor 26 Henry VIII. 1535. [Hall. Lord Herbert's Life
30. The Trial Sir THoyt
England, for High Treason, denying the King's Supremacy:
Hen. VIII.
More's Life
A BILL being preferred parliament, Nov. 1534, attaint Elizabeth Barton, and several
Sir Thomas More. ]
ressed him compliance, yet the chancellor influenced the king far, that the matter Misprision was dropt. —Sir Thomas, was also
others, High-Treason, bishop Fisher and
Thomas More were also brought into for examined other times the lord chancel
Misprision Treason for the refusing the lor, dukes Norfolk and Suffolk, Mr. Secre
Oath Succession—says my lord Herbert. tary, and others
The saine author avows the Bill did pass;
but Thomas's great-grandson, his Life,
shews the contrary, and that notwithstanding
the archbishop Canterbury, the lord chan being loth aggravate the king's displeasure,
cellor, duke Norfolk, and secretary Crom would say more than that the Statute was well, the king's command, went him and like two-edged sword, for spoke against
WOL.
pressed him, with think of, own the and open terms,
plainly deny but
the privy-council, who the arguments they could king's Supremacy direct
i. by
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387]
STATE TRIALS, 26. Henry VIII. 1535. -Trial qf Sir T. More [383
should his body; and
the cause the death assented shoul his soul. Those Exami
Cromwell, Thomas Beade, John Tregonnel, &c. whom professed had given over
purchase the death
nations being over, Richard Rich, newly made
thoughts titles either popes
princes, given him,
solicitor general, and afterwards lord Rich,
with sir Richard Southwell, and Mr. Palmer, ille second time before the lord chancellor, Scoretary Cromwell's man, were sent the the duke Suffolk, earl Wiltshire, and king take away his books. Rich, pretend
ing friendship him, and protesting had
no commission talk with him about the for
mer affair the Supremacy, put case
hin thus: were enacted
Presently after the Indictument was read, the lord chancellor and the duke Norfolk spoke him this effect; “You see now how
parliament that Richard Rich should king, and that
grievously you have offended his majesty; yet very merciful, that you will lay aside your obstinacy, and change your opinion, we Sir Thomas More answered, that he should hope you may obtain pardon and favour his offend said so, because was bound sight. ' But sir Thomas stoutly replied, “Most the Act; but that this was casus levis. Where noble lords, have great reason return
may continue the mind am in, through his grace, unto death. ’—Then having intimation given that might say what thought
should Treason any body deny what offence were contravene that Act
upon Thomas said,
higher Case: suppose
liament, Quod Deus non
were Treason contravene, whether were
not offence say according the said
Act Rich replied, yea; but said withal, will his own Defence, began thus: “When
ropose middle Case, because this too
consider the length my Accusation, and what heinous matters are laid my charge,
am struck with fear, lest my memory and un derstanding, which are both impaired, together with my bodily health, through long indispo sition contracted my imprisonment, should
would propose
were enacted par Deus, and that
though the whole world should being fully determined only
thers, before whom compared that Oath two-edged sword, before observed.
thanks your honours for this your great civility, but beseech Almighty God, that
serve God.
igh the king, you know, constituted su preme head the Church upon earth; why should not you, master More, accept him for such you would me, were made king
the aforesaid supposition. More answered,
the Case was not the same, because, said he, now fail me far, make me incapable
parliament can make king, and depose making such ready Answers my Defence, him, and that every parliament-man may otherwise might have done. ’
give consent thereunto, but that sub The Court being sensible his weakness,
ject cannot bound the case ordered chair brought in, wherein Supremacy. Quia consensum Parlia might seat himself, which did accordingly,
mentum praebere non potest (so, says my lord
Herbert, my copy not mistaken. ) quanquam Rer acceptus Anglia, plu
rima tamen Partes ertere idem non affirmant. Sir Thomas, having continued prisoner the Tower somewhat more than twelvemonth,
for he was committed about the middle of April 1534, and was brought his Trial
and then went thus “This my Indictment, mistake not, consists four principal Heads, each which purpose, God willing, answer
order. As the first Crime objected against me, that have been enemy out stubborn
ness mind the king's second Marriage; confess, always told his majesty my opinion, according the dictates my conscience, which
neither ever would, nor ought have con leaning his staff, because was much cealed: for which am far from thinking
the 7th May, 1535, went into the Court
weakened his imprisonment, but appeared
with cheerful and composed countenance. The persons constituted try him, were,
Thomas Audley, lord chancellor, Thomas duke Norfolk, John Fitz-James, lord chiefjus
tice, John Baldwin, Richard Leicester, sir John Port, John Spelman, Walter Luke, Anthony Fitz-Herbert.
The Indictment was very long, but where
procure copy
said general,
myself guilty High Treason, that the con trary, being required give my opinion
great prince affair much import ance, upon which the peace the kingdom
depended; should have basely flattered him, and my own conscience, had not spoke the
that could laid rious malefactor; and
then indeed might justly most wicked subject, and God. have offended
can an offence tell contained the Crimes one's mind freely when his sovereign puts the the charge any noto question him; suppose have been suffi
ney-General; and
secmed plainly
Succession, already
this, his double Examination the Tower was
could never learn;
the king herein;
Thounas professed could scarce remember the third part what was objected therein
against him. was read aloud the Attor
was long, that
Thomas's mortal sin his refusing the Oath
mentoned. —To prove alledged against him, the first before Secretary
truth thought
have been esteemed perfidious Traitor
ciently punished already for the fault, the
great afflictions have endured, the loss
my estate, and my tedious imprisonment, which
has continued already near fifteen months. The second Charge against me That have vio lated the Act made the last parliament: that being prisoner, and twice examined,
would not, out malignaut, perfidious, obsti nate and traitorous mind, tell them my opinion,
in
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389] STATE TRIALS, 26 Henry VIII. 1535. -for High Treason. [390
never said nor done any thing against it; nei ther can any one word action mine al ledged, produced, make me culpable.
Nay, this own was then my Answer their
whether the king was Supreme Head of the his own mind. God my witness, and Church or not ; but confessed then, that I had hope will save my soul, gave him other nothing to do with that Act, as to the justice answer; and this presume breach the or injustice of because had benefice laws. -As the principal Crime objected the Church yet then protested, that had against me, that should say upon my Exami
honours, that
hereafter, but
Saviour, and
world. wish
does not keep me alive, desire not live; lowing disallowing that Act; and therefore,
would think the bitter Passion my exit out
nothing else our Blessed this miserable
any thing else his conscience
come now the third principal Arti
and perfidious practices against that Statute, the words therein alledge, because wrote,
conscience, world; especially
the whole not the
E. law, late the same
encouraged
any thing you other would have with
than
pray were
may never see God's face, which, otherwise, imprecation would
injury his prince and country for here sincerely protest, that never revealed any man
occasion some sedition and great
guilty gain the whole world. ’
ooli
cle my Indictment, which am accused Tower, truly and sincerely was, added: of malicious attempts, traitorous endeavours, “In good faith, Mr. Rich, am more concern
while the Tower, divers packets
for your perjury, than my own danger; and
must tell you, that neither myself, nor any body else my knowledge, ever took you
man such reputation, that any
bishop Fisher;
letters him vio
and
insist that these letters
whereby exhorted
him
court, which may
lye
Some my letters related only our private
affairs, about our old friendship and acquaint
ance: one them was answer his, wherein he desired me let him know what Answers
like obstinacy.
and read
the
matter of importance. You know that
acquitted
but
have been acquainted with your manner life
long time, your and conversation even from
youth the present juncture, for we lived the same parish; and you very well know,
either
because you say the bishop burnt them all, will here tell you the whole truth of the matter.
convinced
nation the Tower, That this Law was like two-edged sword; for consenting
should endanger my soul, and rejecting should lose my life: ’tis evidently concluded, you say, from this Answer, because Fisher made the like, that was the same conspiracy, To this reply, That my Answer there was con
body any harm, and this ditional, there were both danger either al
which know, would not transgress any like two-edged sword, seemed hard thing
law, become guilty any treasonable crime: should put upon me, who had never hither for this Statute, nor no other law the world to contradicted either word or deed. These
can punish any man for his silence, seeing they were my words; what the bishop answered,
can more than punish words deeds;
'tis God only that the judge the secrets our hearts. '
know not his Answer was like mine, did not proceed from any conspiracy ours, but from the similitude our learning and under
The Attorney General (Christopher Hales. ) standing. To conclude, sincerely avouch,
. Thomas, though spoke against
“Sir we have not one word that never word this law
deed yours object against you, yet we have any man living, though perhaps the king's ma your silence, which evident sign the jesty has been told the contrary. ’
malice your heart: because dutiful sub
being lawfully fuse to answer it. ”
asked this
question,
will re
There was little reply made this full Answer, Mr. Attorney, any body else;
Sir Thomas More. “Sir, my silence
sign any malice my heart, which the king
himself must own my conduct upon divers either words actions: nevertheless, set
occasions; neither doth convince any man the best gloss that could
of the breach the law; for maxim Mr. Rich was called
amongst the Civilians and Canonists, Qui tacet court upon oath, which
consentire videtur, that holds his peace, seems affirming what we have already related con
give his consent. And what you say, cerning conference between him and Tho fT that good subject will refuse give direct mas the Tower. To which sir Thomas
answer; really think every good subject, except
the duty
made answer, “If were man, my lords, that
will than man;
sion here offend his every body,
bad Christian, rather be more cautious
such
had regard
subject obey God
my oath, had had occa this time, well known
criminal; and this oath, Mr. Rich, which you have taken, true, then
good name and the Temple, where made upon my Examinations concerning the you was educated, Can, therefore seem
Oath Supremacy; and what wrote him upon was this, That had already settled my conscience, and him satisfy his according
likely your lordships, that should weighty affair this, act unadvisedly,
trust Mr. Rich, man had always mcan
the word Malice was what was principally in sisted on, and the mouths the whole court, though for proof body could produce
not
More having recited the face the Court
the discourse they had together the
am sorry am forced lay under the odium
speak you always very lying tongue,
great gamester, and character either there
upon the matter,
give evidence open immediately did,
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let do do ifof he byin is I
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391]
an opinion
honesty,
STATE TRIALS, 26 HENRY VIII. 1535. Trial of Sir T. More [392
reference his truth and This touched the reputation Mr. Rich very much before my sovereign the very quick, and was slur that could not
lord the king, whom am decply indebt effaced, without the utmost difficulty; and
for his manifold favours, any his noble the only way was, possible, pro and grave counsellors, that should only in duce substantial and creditable Witnesses to
part Mr. Rich, the secrets my conscience attest the contrary and therefore caused respect the king's Supremacy, the particu sir Rd. Southwell, and Mr. Palmer, who were
lar subject, and only point about which have been long pressed explain myself? which never did, nor never would reveal, when the
the same room with sir Thomas and Mr.
Rich when they conferred together,
sworn the words that passed between Act was once made, either the king himself, them. Whereupon Mr. Palmer deposed,
any his privy-counsellors, well known That was busy thrusting sir Tho
your honours, who have been sent upon mas's books into sack, that took no notice other account several times his majesty of their talk. ” And sir R. Southwell likewise
take care conveying his books away, gave ear their discourse. ’
asserted, but only cases put without any Charge the Jury. Whether
offensive circumstances; cannot justice challenged any the pannel, when they were said, that they were spoke maliciously, and returned serve, does not appear; but the where there no malice, there no offence. twelve persons whose Verdict his life now Besides, my lords, cannot think many re depended, were these Thomas Palmer, knt. werend bishops, many honourably person sir Tho. Peirt, knt. George Lovell, esq. Tho. ages, and many virtuous and learned men, Burbage, esq. Geoffry Chamber, Edw. Stock
proceed judg
me the Tower. refer
ments, my lords, whether this can seem credi ble any your lordships. -But supposing
your judg swore, “That because his business was only
what Mr. Rich has swore should be true, see
ing the words were spoke familiar and pri own Defence, the discrediting vate conversation, and that there was nothing Evidence; the Judge proceeded
Sir Thomas having urged other reasons his Mr. Rich's
give the
Thomas had
whom the parliament consisted the enact more, Jasper Leake, Wm. Browne, Tho. Bil ing that law, ever meant have any man lington, John Parnel, Rd. Bellaine, George punished with death, whom Malice could Stoakes, gents.
be found, taking the word Malitia for Malevo Now the Jury having withdrawn, scarce tentia; for Malitia taken general were out quarter hour before they re signification for any crime, there man can turned with their Verdict, which they found be free wherefore this word Maliciously the prisoner Guilty; upon which the lord chan far significant this Statute, the word For cellor, chief the Commission for this
cible that Forcible Entry; for that Trial, immediately began
case any enter peaceably, and puts his ad ment: which sir
versary out forcibly, offence; but enters forcibly, shall punished that Statute. —Besides, the unspeakable good ness his majesty towards me, who has becn
said
lord, who has dearly loved and trusted me, even from my first entrance into his royal ser vice, vouchsafing honour me with the dig
hereupon stopping his sentence, wherein had already proceeded part, asked Thomas. ‘What was able say the contrary
#. bim, ‘My lord, when
observing,
was concerned the
law, the practice such cases was ask the prisoner before Sentence, whether had any thing offer why Judgment should not pro
many ways my singular good and gracious nounced against him. ’ The lord chancellor
nity being one his privy-council, and has who presently made Answer these words:-
most generously promoted me offices great reputation and honour, and lastly that
lord high-chancellor, which honour never did any layman before, the same being the highest dignity this famous kingdom, and next the king's royal person, far beyond my merits and qualifications; honouring and exalting me his incomparable benignity, for these twenty years and upwards, heaping con tinual favours upon me and now last, my own humble request, giving me liberty dedicate the remainder Iny life the service
God for the better saving my soul, has been pieased discharge and free me from that weighty dignity; before which had still heaped more and more honours upon me: say, this his majesty's bounty, long and
plentifully conseried upon me, enough, my opinion, invalidate the scandalous accu
sation injuriously surmized and urged this man against me. '
‘For much as, my lords, this Indictment grounded upon act parliament, directly re- pugnant the laws God and Holy Church, the supreme government which,
art thereof, aw presume right belongs
temporal person may any take upon him, being what
the See Rome, which
special prerogative was granted the mout
our Saviour Christ himself St. Peter, and
the bishops Rome his successors only, whilst lived, and was personally present here
earth: therefore, amongst Catholic Christ ians, insufficient law, charge any Christian obey it. ’ And order the proof his
assertion, declared among other, things, That whereas this kingdom alone being but one member, and simall part the Church,
was not make particular law disagreeing
with the general law Christ's universal Ca tholic Church, more than the city London,
being but one member respect the whole
so
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393] STATE TRIALs, 26 Henry VIII. 1535–for Irgh Treason. [394
kingdom, might enact a law against an act of from thence drawn hurdle through the parliament, to be binding to the whole realm ; “city London Tyburn, there hanged so he shewed farther, That law was even con ‘till he should be half dead; that then he trary to the laws and statutes of the kingdom, “should cut down alive, his privy parts cut yet unrepealed, as might evidently be seen by “off, his belly ripped, his bowels burnt, his four Magna Charta, wherein are these words; Ec “quarters set over four gates the city, clesia Anglicana libera sit, & habeat omnia jura ‘and his head upon London-Bridge.