To this Article the bishop answered, “That
while the duke Gloucester was gone into Hai nault, happened that many pamphlets and reports being dispersed and down the city London tending rebellion, was ordered
—The same day the commons presented, be fore the king, Richard Vernon, knight,
their Speaker; who, with the common pro testation, was allowed.
while the duke Gloucester was gone into Hai nault, happened that many pamphlets and reports being dispersed and down the city London tending rebellion, was ordered
—The same day the commons presented, be fore the king, Richard Vernon, knight,
their Speaker; who, with the common pro testation, was allowed.
Complete Collection of State Trials for Treason - v01
What we have add, relative the Condemnation
quietness;' we can look upon him, thusiast. ”
this great man, his peers, chiefly from
Walsingham who says, that, when the parlia
ment was informed of sir John Oldcastle's be gate the apostolick see, our venerable
London wounded
cerning the unity and reformation the church England, convocation the prelates and clergy our province Canterbury, last held
the conflict, and placed before the duke regent and the other estates the realm;
The Archbishop Oldcastle,
Canterbury against the Lord
Hen. 1413. [From the Lambeth, and may found
Records Rymer's Fad,
61. ]
“Thomas, divine permission, archbishop
Canterbury, primate England, and le
Wales the lord Powis, they or brother Richard, the grace God, bishop
sent for up. He was brought London, health and brotherly love the horse-litter, having been much Lord. —Whereas our late consultation, con
ing taken dered him
and the Indictment drawn against him
~
from Cobbett's Parl. Hist. vol. 1. p. 336.
London the new gallows saint Giles's, without Temple-bar, there hanged, and
burned hanging. ” The Record out the
heretick. Mr. Goodwin says, “He had the qualities brave and gallant gentleman,
and was equally illustrious arts and arms:"
large; the effect whereof John Oldcastle, and others,
twenty men, called Lollards, saint Giles's aforesaid, did conspire sub vert the state the Clergy, kill the king, his brothers, and other nobles. ” The archbi
what Walsingham relates his beha his execution true, that when many
king's-bench “That the said
but,
viour
persons
words
adjuring him, ‘That the dead again,
the number
quality attended there, the last
Thomas Erpingham, saw him rise from
the third day,
would
peace and
this lat
ter part his life, little better than en
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957] STATE TRIALS, 1 IIENRY V. 1413. —Sir John Oldcastle, for Heresy. [258
in our church of Paul's, with the said pre the said John without leave but the lates and clergy, among other things was mediation one John Buttler, door-keeper
concluded us, and the said prelates and the privy-chamber clergy, next impossible, repair the rend should apply
our lord the king, John himself, for his leave order give him cita
ing our Lord's seamless coat, unless first certain great men the kingdom, the authors, abetors, protectors, defenders and
entertainers those hereticks, who are called Lollards, were severely reprehended, and re claimed from their errors, other means sailed,
the censure the church, assisted the secular arm —And accordingly, upon the most diligent enquiry the said convocation, the
enter his castle,
proxies the clergy, and others there assem impossible serve the said John personally
bled great numbers from each diocess our
said province, was found them, and made
known and presented us, that Oldcastle
knight, was and the principal receiver, allet great doors tor, patron and defender the same. —And ter, which that sent the Lollards preach about said castle the dioceses London, Rochester, and Here him
cited, and our edict fix’d ford, without any licences from the ordinaries publick and open view the great doors
tion castle, least that wou'd appear without the and suffer the citation be serv'd
upon him. —But John publickly answcred the said John Buttler, tho' the premises had made use the king's name, that wou'd
means cited, nor suffer any manner way such citation served upon hin. — Upon this faithful account given us, that was
with citation and we being fully persuaded
thereof, decreed that should cited
edict, which should publickly fixed the the cathedral church Roches but three English miles from his Cowling. Accordingly we caus'd
diocesans the places, contrary the sy the said church, charging him appear before
nodical constitution made for that purpose; and that was present the wicked preach ings the same, and silenced opposers met with, with threatnings and terrors, and the
September now past, and for the premises,
the second day personally answer
and other allegations
against him. —On the day appointed we held
power the secular sword —Asserting and court the greater chapel our castle
affirming, among-t other things, that we and Leeds, our diocess, which we then lived
our brethren the suffragans our province, and resided with our court; and after the ne
never had, nor have authority make any cessary proof the premises, and we had
constitution this kind. —And concerning the heard and receiv'd the relation, com
Sacraments the altar and penance, pilgri monly reported the parts where the said sir mages, adoration images, and the power John immures and fortifies himself his said
the keys, has believed, and does believe, castle, and defends his opinions contemming
—Wherefore the said prelates and clergy then “We caused Proclamation aloud and in besought us, that we would pleased pro open court, made for the said John ceed against the said sir John Oldcastle, for appear; and after proclamation made, and and upon the premises. —Hut reverence we had long waited, and not appearing, we our lord the king, (with whom the said sir John justly pronounced him, was, contuma was great favourite) and much out re cious; and then and the returned him ex spect the order knighthood, with our communicated, punishment for high brethren and sulfragans our said province, contumacy. —And because from the series and great part the clergy our said pro the premises, and other plain demonstrations vince, we waited our said lord the king, and evidences fact, we apprehend that the
and dogmatizes and teaches otherwise than the the keys the church, and impugning the Roman and universal church holds and affirms. archiepiscopal authority:
his palace Kennyngton; and making complaint against the said John, we some
measure represented the errors the said sir John.
said John strengthens and fortifics himself defence his errours against the authority the church, premised, (which gives great
handle suspect him heresy and schism) “But the instance our lord the king, we decreed against the said John, that
and our own desire reduce the said sir John the unity the church, without bringing him
should second time cited personally,
could found not, edict, before,
appear before the Saturday next after the feast the apostle and evangelist St. Mat we had from the king's own mouth, and un thew next ensuing, shew, has reason
open shame, we deferr'd for long time execution the premises. But forasmuch
der his hand, that his pains reclaim this able cause why ought not proceeded
publick heretick, schismatick, and
“To which our officer we gave command, meet. —At which time (namely, the Saturday
that should not any wise enter the castle next afict the feast Matthew, being the WQL.
inan had proved vain and ineffectual; we against thereupon decreed summon the said John enemy
appear before certain time now ought not
past, answer for and concerning the pre assistance the secular arm solemnly called mises; and we sent our officer with these our for against him personally propound, and citations the said John, then dwelling further answer, do, and receive concernini; his castle of Cowling. and singular the premises, what justice
heretical pravity
the Catholick Church, and why adjudged such, and the
in
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259]
STATE TRIALS, I HENRY W. 1413. —Trial and Eramination of [260
43d of Sept. as we held our court in the chap visible representation the sufferings
ter-house of St. Pauls in London, with our and the pious lives and martyrdoms the brethren, Rd. lord bishop of London, and saints, the remembrance those things might Henry of Winchester in sessions with us, sir the more easily impressed their minds Robert Morley knight and lieutenant of the but one abuses this representation,
Tower of London, appeared in court with the give that worship these images the saints, said John Oldcastle knight, and delivered which due the saints themselves, rather
him to us: -
“For had been arrested little before
the king's order, and confined the Tower.
Christ
him whom the saints themselves owe all honour and adoration, and putteth his confi
them, which only placed affected towards these senseless more devoted them than terms, and manner very courteous and God, my opinion guilty idolatry, and
To the said John Oldcastle thus personally appearing, we repeated, soft and moderate
nee God,
wickedly sins against God, the only object worship. –Lastly, am fully persuaded, that there abiding place upon earth, but that
F. ted and charged and upon the arti we are pilgrims either the way happi cles above mentioned, convocation the ness, tending misery that either
obliging, our proceedings against him,
they stand upon the journal the former day; namely, How the said John stood
presen
ow
for his contumacy. And, though his default
was come this, we notwithstanding shewed our selves ready and willing absolve him. —But the said John taking no Étice. this our overture, answered, He would
images,
and clergy our said province. And knows not, will not instructed in, nor
he had been cited and excoinmunicated
live God,
practice
the the commandments
vain for him expect salvation,
make profession, before and my said
went step
pilgrimage his life, either
Canterbury, Compostell, any the faith which believed and Romeplaces. ’”
maintained. For which giving leave, other
he desired, drew out his bosom an in “Sir John having thus read his Writing, we
the said writing, touching the held consultation about the contents of it:
was accused; which this and the advice and agreement the same, we thus applied the said John Oldcastle, “‘I John Oldcastle knight, and lord Cob the same time and place “Look you, Sir ham, desire may known Christians, John this writing yours, must con
and call God witness, that never have sessed there are contained many good things entertained, and, the help God, never and right Catholick; but this day was ap
will entertain any persuasion, which not con pointed you answer other points, which sistent with firm and undoubting belief savour error and heresy, which your decla the sacraments, which were ordained and ap ration has not fully answered; and therefore
reth
tho'
the world: and
pilgrimage into quarters
the other side, that lives
the holy commandments
went
obedience
God, will undoubtedly sav'd, tho’ never
ren,
dented writing, and there openly read the con with our brethren the bishops abovementioned, tents and afterwards with his own hand and divers other doctors and learned men,
presented Articles whereof
the copy
his you ought explain yourself more clearly
the those points, and more particularly declare
pointed Christ himself for the use
church. oreover, that my faith,
four points alledged against me, might
clearly understood, declare, First all, That writing, viz. Whether you hold, believe, and
more your faith and assertions expressed the said
believe that the adorable sacrament of the
altar, the very body Christ does exist, under
the species bread the same body, mean,
that was born his mother Mary, that was believe, and affirm, that the sacrament crucifyed for us, that dy'd and was bury'd, penance, necessary, where priest can be and rose again the third day from the dead,
and was exalted the right hand his eternal
undergo such penance for the sinful part
them, true confession, undissem with much patience, and
bled contrition, and lawful satisfaction, mani affectionate manner: “Sir John, behoves you fests self agreeable the holy scrip
tures, without which none can hope for salva
tion. Thirdly, with respect Images, hold
that they are ingredient the Christian
belief, but, long after the publication the
faith Christ, were introduced into the world, abide his former answer, and afford no by the permission the Church, other.
calendar the laity and the ignorant, that “We therefore advised with our brethren the
[. . . "
chiefly necessary
father, where
now sits partaker with him for the Sacrament penance,
said John, answered, expressly, That would not declare himself otherways, nor re
elieve for that desire saved, amend their wicked lives, and
turn any other Answer, than
his said Writ the said John,
courteous and
affirm, that the sacrament the altar, after consecration the priest, there remaineth ma terial bread not Also, whether you hold,
had, confess your sins the priest, ordained the church 2'—To which state the ques tions, amongst many other things said the
ing. Upon this we replied
consider well this matter, because you don't return' clear answer the articles ex
hibited against you, within the time assigned
the judge, we may proceed pronounce and
declare you heretick. ” But John would
to
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: toit, of
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of of
of sir we
it
of of he beof
in or to of sir be he or
us if by to as of by he of as toofofof of in to:
201] STATE TRIALS, I HENRY W. 1413. —Sir John Oldcastle, for Heresy. [262
bisbops above-mentioned, and others of our September, we assembled with our brethren the council, and by their advice we declared to the bishops above-mention'd, with the addition,
said John Oldcastle, what the holy Roman our order and command, our venerable bro Church, following the doctrines St. Austin, ther Benedict, the grace God bishop
St. Jerom, and St. Ambrose, and other fathers, Bangor. And our counsellors and officers, these points, had determined; which deter namely, Mr. Henry Ware, official Canter minations Catholicks were obliged sub bury; Philip Morgan, doctor both laws; mit To which the said John gave for Howel Kyffen, John Kemp and William Carle
Answer; ‘That would readily assent and ton, doctors the canon law; and John Wit observe the determinations and decisions of nam, Thomas Palmer, Robert Wombervel,
holy church, and that God required him
believe and observe; but that our lord the
pope, the cardinals, the archbishops, and bi
shops, and other prelates the church, had
power determine such things, would Examinations, the Trial, were and every
means affirm. ’ We, still patiently bearing them sworn upon the holy evangelists, with him, hopes might better informed they would answer God and the world,
mature deliberation, promised the said John, That certain determinations, relating the points above-mentioned, and which ought give clearer Answer, should
translated from the Latin into English, that might the more easily understand them, and they published for his use. And we com mended and affectionately entreated him prepare and deliver full and clear answer
the same Monday next following.
“And we caused these determinations be
faithfully discharge their duty that day, the matter and cause above-mention'd.
“After this Robert Morley knight and lieu tenant the Tower London, brought sir John Oldcastle into court, and set him before
That after consecration priest mass,
the substance the bread chang'd into the
material body Christ, and the substance
the wine into the material blood Christ; things answer'd and said, “That Christ, therefore after consecration, there remaineth
not any the substance bread and wine, which were both before What Answer
do you give this Article —Also holy church hath determined, that the duty every Christian living the world, confess his sins priest, ordain'd the church,
when liv'd upon earth, had the divine and human nature united together him, and the divine was veil'd and cover'd under the human, and only the human visible and outward;
the sacrament the altar, there the very body Christ, and real bread too; the bread the thing we see with our eyes, and the body
Christ, which hidden under we not see. ' And the faith about this Sacrament of the Altar, express'd the Writing which we sent him, determin'd the holy Roman
has the opportunity
such an one. What are this Article —Christ or his vicar earth, whose see the church Rome; and that all the successors Peter, who are now called the popes Rome, should succeed the same
wer and authority with which Christ invested im; by whose special power are constituted
and ordained prelates particular churches, archbishops, bishops, curates, and the rest
your sentiments dain’d St. Peter
the ecclesiastical order; owe obedience, according the Roman church. This
which all Christians
the traditions the determination
grandiz'd and corrupted, and not before: “To the Articles about Penance and
Con
holy church, and what your opinion this
Article? —Besides these, the holy church hath ordain'd, that the indispensable duty every Christian man pilgrimage holy places, and there adore the sacred re licks the apostles, martyrs, and confes
sors, and all the saints the calendar
the Roman church. How you hold this Article
“On Monday the 25th the said month
fession, answer'd these words: “That any one entangled the snares sin, that knows not how extricate himself,
John Withead, Robert Chamberlain, Richard Doddington, and Thomas Walden, doctors divinity; also James Cole and John Stevens, our notaries, both called assist, and take the
To whom we affably and courteously re
peated the Proceedings before, told him, How
stood, excommunicated;
the former day, and, had been, and still and we intreated and
translated the same day, and delivered
into his own hands the next Sunday, the tenor ‘That desired absolution from us, but
of which determination follows: “The faith
and determination the holy catholick church, concerning the sacrament the altar, this,
only from God. '—Upon this we prayed the said sir John, with air kindness and con
cern, give his full Answer the Articles exhibited against him. And first we demand what had say about the Sacrament
besought him desire and accept absolu sion, the usual form the church. To which sir John then answered these words:
the Eucharist To which Article, among other
church and the fathers, the determination
the determination such determination
expressly deny'd
the church, or, was
the church, asserted made contrary the
holy scriptures, and after the church was ag
advisable and expedient for him apply some pious and discreet ininister for ghostly
counsel
his own good
but that he should confess his sin to
any other priest, tho' had never opportunity, not necessary
salvation, because such sin can for given only upon contrition, and that alone can the sinner clear'd. ’—Concerning the
Adoration the Holy Cross, then declared
of
do in
go isisto on
byis of byofas it. is a
of
of
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to of is
of
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of
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263]
STATE TRIALS, 1 HENRY V. 1413. –Trial and Eramination of [264
and asserted, “That the body of Christ, which holy Roman and universal church, relating hung upon the cross, ought only to be wor those points. And tho' we found had snipp'd, because that body was and is the only apostatiz'd from the catholick faith, and was
adorable cross. ’ And being ask'd what honour confirm'd his error, that would not he allow'd to the image of the cross 2 he an confess nor clear himself nor disavow swer'd in these express words; “That to keep it; yet forbearing him paternal love, and it clean and in his closet, was the only honour out sincere desire his salvation, we al he vouchsafed it. ”—As to the power of the low'd him competent time deliberation, and Keys, our lord the pope, archbishops, bishops, wherein might repent and reform himself. - and other prolates, he said, ‘The pope and But forasmuch we have experienced the said
we together made up the true antichrist : the sir John incorrigible and irreclaimable, pope was the head, the archbishops, bishops, we last with grief and heaviness heart,
and other prelates the body and limbs, and obedience what the law requires, proceed
the friars the tail of antichrist; To which pope, give sentence definitive against him—In the archbishops, and prelates, there was no obedi name Christ, and having his honour only cnce due, any further than they imitated Christ, vicw; forasmuch we have found divers and Peter, in their lives, manners, and conver acts done, produced, and exhibited indica sation; and that he is the successor of Peter, tions, prosumptions and proofs, and many other
who follows him in the purity of his life and kinds conversation, and no other. ’ knight
“The said John added, addressing himself follower
w$ith. loud voice, and extended hands,
evidence, that John Oldcastle really and truly heretick, and
hereticks, against the faith and re the ligion the holy Roman and catholic church.
and particularly with respect the sacraments
that were present “Those who
ment upon me,
demn me, will seduce you all, and themselves, darkness and iniquity, has hardened his and lead Hell take therefore good heed heart that degree, that refuses hear
udg
and are desirous
penance; that,
con the eucharist and child
them. ” Upon his saying this, we apply'd the voice his pastor, and will not pre the said sir John, and Lesought him, with vailed upon gentle monitions, nor reduc’d
tears our eyes, and exhorted him the most compassionate manner we could, re
turn the unity the church, believe and embrace the faith and doctrine holy church.
To which return'd this peremptory Answer: “That he would not believe nor maintain
soft persuasions, tho’ the merits our cause, and the demerits his own, had di ligently canvassed and weighed, and aggra wated the wickedness his error his damn able obstimacy we unwilling that should contract further degrees guilt, infecting others with the contagion heresy, the
otherwise than he had before declar'd. ”
“Seeing therefore was harden'd his advice and consent of inen famous for discre
errors, that we had hopes working tion and wisdom, our venerable brothers, the him renounce them, we proceeded with re lords, Rd. bishop London, Henry bishop gret and bitterness heart, pronounce the Winchester, and Benedict bishop Bangor, following definitive Sentence and some other doctors divinity,and canon
the name God, Amen. We Tho and civil law, and other religious and learned mas, divine permission, archbishop and persons, called our assistance: we pe—
the holy church Canter remptorily and definitively, this present writ England, and legate the ing, judge, declare, and condemn the said sir Whereas our last convoca John Oldcastle for an heretick, convicted of the
humble minister
bury, primate
apostolick see
tion the clergy
bury, holden the cathedral church saint
Paul, London, after consultation upon several
heretical tenets, and strict inquiry made who
were the authors and abettors the same, sir
John Oldcastle, knight, and lord Cobham, was
detected and presented and for the said
heresies, having given great scandal through ment. —And furthermore, we have excommu out our province Canterbury, openly and
our province Canter detestable crime heresy, and utterly refusing
avowedly professing the same; upon the ad
dress and representation the clergy
the said convocation for process, we proceed according law against the said John,
doctrines, tenets, and determinations the affection error, shall hereafter counte
and (as God knows) with the equity and
favour that could possibly shew'd and, fol
Howing the steps Christ, who would not the might promulg'd and known christians, death of sinner, but rather that he should be we charge and enjoin you, forasmuch the converted and live,' we endeavour'd reclaim said sir John Oldcastle was and condemned the said John, and try’d ways and means for an lic retick, Schismatick, and that we could devise to reduce him the erroneous
the above-mention'd articles, and unity the church, declaring unto him the also other persons, who out favour
reconciled the church repentance, and apostate from those doctrines, the above
mentioned articles especially, which the holy Itoman and catholick church holds, teacres, and hath determined and we leave him from
henceforth heretick, the secular Judg
nicated, and these presents denounce excommunicated, the said heretick, and all
others who shall hereafter, favour his error, countenance, defend, afford him any counsel, aid, comfort deeming such person
persons abettors, encouragers, and de
fenders hereticks —And that these premises
of
sir a
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to
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of
of
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to
ed
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of of allof of
to
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:
of
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;
:
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toin
at of
265] STATE TRIALS, 1 HENmx V. 1 413. —Sir John Oldcastle, for Ifercsy. [266
mance, defend, or afford him any counsel, aid, errores manifestos legi catholicae repugnantes or coumfort, are excommunicated, as deeu'd diu temerarie tenuerunt, opiniones errores abettors, encouragers, and patrons of hereticks, prædictos manutenere, facto minime per according to our said definitive sentence, to implere valentes, quandiu regia potestas, t:um give orders and directions to your priests and status regal' Domini nostri Itegis, quam status curates of your respective cities and dioceses, officium Prælaciæ dignitatis infra regnum in their respective cburches, when there is tne Angl' prosperitate perseverarent, falso pro greatest congregation of people, to declare, ditorie-machinando, tam statum regni, quam publish, and expose with loud and audible statum officium prælatorum, necnon ordines voice, and in our mother tongue, the s:uid he religiosorum infra dictum regnum Angl' penitus retick, and hereticks, according to our said de adnullare, Dominum nostrum Regem, fra finitive sentence, and the order observed in tres suos, prælatos alios magnates ejusdem this process; to the end that any wrong no regni interficere, necnon viros religiosos, relict' tions, which possibly the people may have given cult' divinis religiosis observanciis occu into concerning these matters, and our pro pationes mundanas provocare, tam ecclesias
ceedings upon them, inight be rectity'd by tbis
publick declaration. —Moreover, we w and
command you the bishops here present, take
copies hereof word for word, and send one each bishop our province Canterbury, that
cathedrales, qua:m alias ecclesi;is domos reli giosas reliquis aliis bonis ecclesiasticis
totaliter spoliare, funditus terram proster nere, dictum Johannem Oldcastle regentem ejusdem regni constituere, quamplura regimina
all and every them may publish, intimate secundum eorum voluntatem, infra regnum and declare, and cause their respective prædictum, quasi gens sine capite, finalem pricsts and curates publish'd, their se destructionem, tam fidei catholicæ cleri, veral cities and dioceses, the manner and form quam status majestatis dignitatis regal' infra
this our proceeding, and also the said Sen idem regnum ordinare, falso proditorie ordi tence promoünced us, and and singular naverunt proposuerunt, quod ipso insimul conteiits the same. —And, lastly, we require cum quampluribus rebellibus Domini Regis
you and theum, that this business dis ignotis, numerum viginti millium hominum patch'd with convenient expedition and diversis partibus regni Angl' modo guerrino that you and they duly and punctually ad arrivat', privatim insurgcnt', die Mercurii vise and certify the time receiving proximo post festum Epiphaniæ Domini, anno these presents, and how this our command has regni Regis prædicti prædicto, apud villam been executed, your and their letters patent, parochiam sancti Ægidii extra Barram veteris
according the tenor hereof. —Givem palace Maydstone, the 10th day tober, the year our Lord 1418,
Templi London, quodam magno campo ibidem unanimit' convenirent, insimul ob viarent pro ncphando proposito suo prae missis perimplend'; quo quidem die Mercurii apud villam parochiam prædicti Oldcastle
alii hujusmodi proposito proditorio per
severantes, prædictum Dominum nostrum I{e-
our Oc
and
[forged]
Jajn Oldéastle, Lord Cobham, for High
Treason. [Hil. Hen. Rot. I. ]
Alias coram Gulielmo Roos Hamlak, Hen
rico Scrop, Gulielmo Crow mere Majore civi
tatis London, Hugone IIu's sociis Justic'
JDomini Regis, inquirend' per sacram' pro
borum legal' hominum civitate Domini
IRegis London, suburbiis ejusdem, com'
Midd' tam infra libertates, quam extra, om
nibus singulis proditionibus insurrectioni
bus, per quamplures subditos Domini Regis ibidem versus campum prædictum modo guer Lollardos vulgarit' nuncupatos, alios civi
tate, suburbiis, com' prædictis factis per
petratis, necnon omnibus proditionibus, in
Surrectionibus, rebellionibus, feloniis civi
tate, suburbiis, com' præd' per quoscunque
our translation
the 18th. "
The
Indictment and
Outlawry
Sir
qualitercunq; factis, perpetratis eas
deih proditiones, insurrectiones, rebelliones,
feloniàs audiend' terminand' secundum legem non omitteret, &c. quin caperet præfatum Jo
consuetudinem regni Domini Regis Angliæ, hannem Oldcastle, &c. salvo, &c. ita per literas ipsius Domini I{egis patentes, assigo' quod haberet corpus ejus coram Domino Rege apud West' die Mercurii proximo post festum apud Westmonasterium hunc diem, scilicet Epiphaniæ Domini, anno regni Regis Ileurici die Mercurii proximo post octavas sancti quinti post conquestum primo, per sacram' xii. Hilarii, isto eodem termino respondendum
jur' extitit præsentatum, quod Johannes Old Domino Regi præmissis, &c. Ad quos diem [castle Coulyng com' Kanc' chr' alii locum coram Domino Rege Vic', quod exigi Lollardi vulgar' nuncupat', qui contra fidem faceret eum com' com' quosque utlagetur, catiolicam diversas opiniones hæreticas, alios nom, &c. &c. tunc eum caperct, sul
gein, fratres simos (videlicet, Thomam ducem Clarenciæ Johannem, Lancastre, Hum
fredum Lancastre) necnon prælatos mag nates prædictos interficere, necnon ipsum Do
minum nostrum Regem, hæredes suos, regno suo prædicto exhæredare, præmissa
omnia singula, necnon quamplura alia mala intolerabilia, facere perimplere falso
proditorie proposuerunt imaginaverunt,
rino arrivati' proditorie modo insurrectionis contra ligeancias suas equitaverunt debel
landum dictum Dominum nostrum Regem, nisi per ipsum manu forti gratiose impediti fuissent.
(Quod quidem inditament' Dominus Rex nunc, certis de causis, coram venire fecit terini nandum. Per quod præceptum fuit Vic', quod
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267] STATE TRIALS, 3 HENRY VI. 1424–Proceedings against [26s
vo, &c. ita quod haberent corpus ejus coram com' Midd' centum apud Braynford die Jovis Domino Rege octavas sancti Johannis Bap proximo ante festum Barnabae Apostoli, an'
tista tunc proximum sequentem, ubicunque, &c. respondendum Domino Regi pro ditionibus feloniis superius sibi impositis.
reg' Hen’ quint' post conquestum secundo; quatuor com’ tunc proximo praece
dentes, prædictus Johannes Oldcastle exactus Ad quas octavas sancti Johannis Baptistae, an' suit, non comparuit; quia nullum eo regni Henrici quinti post conquestum secun rundem com'comparuit, ideo praesentibus Coro
do, Johannes Sutton Jo’ Michell' Vic' Mid', natoribus com’ praedict; utlagat’ fuit, per quod coram Domino Rege returnaverunt, quod inquiratur terra catallis suis.
21. Proceedings, upon post facto Act, against John MoR TIMER, for making his Escape from Prison. Hen. VI. A.
1424. Cobb. Parl. Hist. 350. ]
SIR John Mortimer, Bishop's Hatfield, him the regal power his due. Lastly, that
Hertford, having been indicted the oath one King, servant Robert Scot, keeper
when he came into Wales, the earl March would not accept his service, nor engage the cause, would then into France, and as
the Tower London, upon the Statute
Escapes; act was made this parliament on sist the French king against Henry, and did purpose destroy him, alledging several other not doubt but the end should gain his Articles against him. As, first, “That the said design. ”—It appears the Record, that this sir John had contrived with him break out John Mortimer had been committed pri
his imprisonment, and had promised him soner the Tower, for suspicion Treason immediately reward 40l. year, aid done against the late king, from whence
ing and assisting him his escape; and af had made his Escape the first year this reign. terwards an earldom. Second, that the said For which escape alone, we suppose, was
John told him, that after his escape indicted, and this indictment, the authority
would into Wales the earl March; and, parliament, was allowed good. And having raised 40,000 men, would enter the the said sir John being again apprehended and kingdom again, and cut off the heads the brought before this parliament, Judgment was protector and the bishop Winchester. Third, given against him, carried back the he had told this informant, that the earl of Tower, and drawn from thence Tyburn, March was rightful heir the crown Eng there hanged, drawn, and quartered; his land, and that after him he was the next heir; head set London bridge, and his four quar
the city.
Winchester, [Cotton. Hall.
wherefore, the earl March refused re ters the four gates cover his right, himself would take upon
22. Proceedings against HENRY BEAUMoNT, Bishop for High Treason: Henry VI. 1426.
Cobb. Parl. Hist. 354. ]
Holling.
ABOUT this time was, that dangerous becoming his high place and state. this quarrel was set foot between two very great situation the bishop, however, thought proper men, both chief supporters the house write letter the duke Bedford, regent Lancaster; Humphrey, duke Gloucester, France, come over and endeavour heal lord protector, and Henry Beaufort, the rich matters between them. The duke came ac bishop Winchester, great uncle the king. cordingly, and calling council the chief no The latter these, his magnificence and bility Saint Albans, many hot contests arose; grandeur, seemed much out-shine the and, nothing being concluded that time,
Protector himself, though almost the throne,
that drew him the odium and jealousy the other. The haughty spirit the bishop,
being legate the pope England, was great, that the Protector could not endure his pride; and such implacable enmity grew between them, that great parties were raised, on both siles, for each other's defence.
short, civil war, was much dreaded, would
was adjourned Northampton, but little purpose; till, last,it was determined,that these
differences should referred parliament. Accordingly, writs summons were issued out, dated Westminster, Jan. 1426, for one
meet, Leicester, on the 18th Feb. At which time and place being assembled, the great hall the Castle Leicester, much care had been taken prevent any tumults between the great trains the protector and the bishop, strictly prohibiting any person what
the consequence; and, their mutual
friends could do, was not sufficient pacify
the mind the Protector, make the Pre soever, come thither with swords any late yield any further, than, thought, was other warlike weapon. Which order, though
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269] STATE TRIALS, 4 HENny VI. 1426. —Bp. of Winchester, for High Treason. [210
it was literally observed, yet the lords and This all the account which sir Robert Cotton their attendants came armed with batts, or has thought extract, relating this strong great clubs, on their shoulders; from whence contention between these two noblemen; who, this meeting got the name of “The Parliament though nearly related uncle and nephew, of Bats;” but this, also, as soon as it was yet still carried that implacable malice t. ak. e"n notice was prohibited. Being all, against each other, which ended not but the
s
ai
young king being there, also, present, Chronicles of Hall and Hollingshead are not
sat peaceable manner, afore death one both them. However, the
d,
the bishop Winchester, lord chancellor silent this matter; they tell us, that when
the
England, declared the cause the sum the affair the quarrel was brought before the mons, very short manner; for, after telling parliament, and each party allowed plead his them that the king's will was, that estates cause freely, the Protector, who looked upon should enjoy their liberties, took his subject himself the person aggrieved, exhibited five from these words Saint Paul Sic facite Articles against the bishop, which salvi sitis. These the learned prelate divided was urged give his Answer. Which Arti
into three parts, and referred them “First God, for protecting the faith the church,
against invasions from Lollards and Here tics: 2dly, imparting sound counsel; and,
ject, their liberal grants. which ter, deny admittance him the said duke desired, that every estate this parliament Gloucester, then being Protector the king
lastly, granting the several needful subsidies.
By which, affirmed, three virtues and con
veniences would follow, viz. glory God,
protecting his faith; honour the king,
receiving good advice; and peace the sub encouragement the said bishop Winches
would labour; and that the commons would chuse, and the next day present, their Speaker. ’
dom, into the Tower, contrary reason and duty, and derogation the kings authority.
To this Article the bishop answered, “That
while the duke Gloucester was gone into Hai nault, happened that many pamphlets and reports being dispersed and down the city London tending rebellion, was ordered
—The same day the commons presented, be fore the king, Richard Vernon, knight,
their Speaker; who, with the common pro testation, was allowed.
Then the commons expressed their great
dislike to the Dissentions bctween duke Hum the lords his majesty's council, that Richard
cles and Answers are follow:
Articles Accusation presented the Parlia ment the Duke Gloucester, against Henry, bishop Winchester, with his An swers them severally.
“That Richard Woodvile, esq. keeper the Tower London, did the instigation and
phrey, and the bishop Winchester, and Woodvile, esq. should with sufficient number
moved for their reconcilement. On which, the duke Bedford, some bishops, and other lords, made solemn decree amongst themselves, hear and determine the said difference, without favour affection. Which order, after every one the lords had sworn observe, they sent copy the commons. They then proceeded the matter, and, length, caused
the said duke and bishop, their formal in struments, have their disputes compro
armed men have the keeping the Tower, and should not permit any man come into the Tower stronger than himself, without the
special eommandment the king, the ad vice his council. After this strict charge the duke Gloucester returning out Hainault, and not approving the fortifying the Tower,
told the citizens, who were dissatisfied
‘That had been England should not have been so;' and immediately going the
mised, o
and referred the decision of select
Woodvile, not daring give him entrance, came the
committee certain bishops and lords; who, after some time, came this resolution first, that the said bishop of Winchester should sub mit himself the inercy;
Tower demanded admittance, but
which did accordingly. And, then the duke Bedford, open parliament, pronounced the said bishop
and that before admitted ought provide himself
innocent what was alledged against him, that procured person murder the late king, when was prince, the murderer
the king and council for the former order. ”— Winchester, without the
the duke Gloucester,
his majesty's privy council, contrived and purposed lay hands majesty's person, and have removed him from Eltham, the
himself confessed who was drowned earl Arundel. And, also, that
the should
have de
awarded the said committee, that the put him under the government such persons
counsel and advise the said prince
posed Henry IV. his father. Likewise, was
place that was then in, Windsor, there
bishop should acknowledge his offence the duke Gloucester, and, submissive man
ner, ask his pardon; that the said duke should freely forgive him; and, token thorough
reconciliation, each should take the other
the hand; which was accordingly done before the whole assembly.
pleased. The bishop's answer this
article was, “That never could propound himself any advantage removing the king, taking him into his custody charge, nor did ever intend meddle with any thing about the
king's person without the advice the privy council, time and place could prove. ”—
bishop Winchester for advice, who told him, that the duke Gloucester took more upon
sufficient warrant his doing contrary
him than
him into the Tower,
That the bishop advice consent
ought,
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2, 1] STATE TRIALS, 28 HENRY WI. 1451–Proceedings against the [272
3. That the bishop of Winchester knowing that appoint them judges, that might vindicate his the duke of Gloucester had resolved to prevent honour, else leave him sue out his right his design of seizing the king's person at El before suitable judges. ”—6. That the bishop of tham, laid wait for him, by placing armed men
at the end of London-bridge, and in the win dows of the chambers and cellars in South
Winchester bad, his letter the duke Bedford, plainly declared his malicious purpose
assembling the people, and stirring up re bellion the nation, contrary the king's way; wh. ich against the king's peace, and peace. The bishop's answer was, “That he
wark, to have killed him, if he had passed that
duty true subject. The bishop's defence was, “That true indeed that did pro vide certain number armed men, and set them the foot London-bridge,
never had any intention disturb the peace the nation, raise any rebellion, but sent the duke of Bedford come over hastc.
so
for his own safety and defence, being informed
and gathered together company citizens for
that end. ”—4. That the late king Henry
told him, that when was prince, man was
scized his chamber, who was hid behind the
hangings, and confessed after his apprehension,
that was set work the bishop Win
jlaces, without any intention
by several
field, such brother
the duke
but
“That
adventure
you have here:’ did not mean any de sign his own, but concerning the seditious assemblies masons, carpenters, tilers and plaisterers, who being distasted the late act
persons,
Gloucester had purposed bodily harm him,
chester, kill the prince his bed. He was
Glocester,
merely
letter, the land
settle things that were prejudicial
any bodily peace and though had indeed written
that the duke
and other
the
tarried, put we shall
pariiament against excessive wages those trades, had given out many seditious speeches
and menaces against the great men, which tend ed much rebellion; and yet the duke Glou
cester did not use his endeavour, ought have done his place, suppress such un lawful assemblies, that feared the king
and his good subjects must have made field withstand them prevent which,
chiefly desired the duke Bedford come over. ”
This Charge, and the Answers being thus delivered into the parliament, the further
the
delivered the earl Arundel, who drowned
him sack the Thames To this accusa
tion the bishop replied, “That was ever
true and faithful subject his sovereigns, and
never purposed contrived any treason against any their persons, and especially against his
sovereign lord Henry And this thought was sufficiently evident any, that considered
the great wisdom and courage king, and the great trust reposed
long remained king, which
not have done had found him guilty unfaithfulness him while was prince. ”—
the said him
examination was
the houses devolved lords, who having tho matters, acquitted the
bishop, and formal award enjoined them firm friends for the future; and such in ducements wrought upon them, that they shook hands, and parted with outward signs per
upon select number would roughly examined
such
That the bishop Winchester the sick
ness king Henry advised his son prince
Henry, assume the government the na fect love and agreement, which gave mighty
tion before his father's death, the said prince satisfaction people, both the clergy himself told him. The bishop replied “That and laity. And the king, the advice his this was mere calumny, which could not council, made magnificent feast Whitsun proved; and hoped the parliament would tide, rejoice for this happy reconciliation.
23. Proceedings against WILLIAM DE Pole, duke Suffolk,
for High Treason: 28 Hen. VI. 1451. Cobb. Parl. Hist. 386. ]
IN the parliament which met Westminster, being but knight, and taken prisoner, had on the 22nd January 1451, came on the paid for his ransom 2000l. That had been Trial the duke Suffolk, on several Arti the Order the Garter thirty years, and
cles High Treason which, because saw
that he could not avoid, he moved for himself.
For, according the Record, the twenty
second January the duke stood the had been true the king and realm, house lords, and required the king “That
might specially accused, and allowed answer what many inen reported hion,
that was unfaithful subject. ” IIe further
told the king, “That his father, and three lords and judges, upon consultation, “thought
his brethren, died his service and that there was good cause for unless some es his father's and grandfather's. That himself pecial matter was objected against him. "— had served the wars thirty-four years; and, January 28, the Sp;aker came again, and de
counsellor the king fifteen years, and had been seventeen years the wars, without returning home. And, asking God's mercy,
required his purgation. ”—January 26, the Commons came before the Lords, and required that the duke, confession,
might committed safe custody; but the
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273] STATE TRLALS, 28 HENRY VI. 1451. —Duke of Suffolk, for High Treason. [274
clared, “That the duke of Suffolk, as it was had taken effect. For causing the subsi said, had sold this realm to the French, who dies granted contrarily employed. For had prepared to come hither; and that the causing the king's treasure spent the said duke, for his own defence, had furnished French queen, and other French people. For the castle of Wallingford with warlike mu consuming the sum 00,000l. left the lord nition whereupon, the Speaker's request, Dudley the late treasurer. For conveying out the said duke was committed the Tower the king's treasury the obligations the London. —February the Speaker the con finance for the duke Orleans. For pro
mons, the chancellor, and the lords, sent the curing himself made earl Pembroke, king Bill Articles, which they accused and obtaining the lordships Haverford-west,
Suffolk, late after the death of sir Rowland Lenthal. For Oxford, sundry staying the process outlawry against Wil liam Talbois, esquire Lincoln, upon several
That the said duke having the ward
ship Margaret the daughter and heir John
duke Somerset, meant marry his son suretyship peace. For procuring persons John her; and thereby for want issue his confederacy made sheriffs. For pro the king, claim the crown, and procure curing garrison Englishmen fight against the French king, means certain French the Germans, the king's allies, the part lords, there named, depose the king. —2. the French, the king's enemies. ” All which That procured the delivery the duke
Orleans, and practised with him cause the
French recover the English conquests
that kingdom. –3. Related the duke's pro brought from the Tower,
mise delivery Anjou and Main, requite into the Parliament Chamber,
the king Sicily the king's enemy, without before the king and lords
the assent of the other ambassadors. -4. For cles aforesaid were rehearsed, who desired disclosing the king's counsel the earl Du copy them, which was granted. 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
I.
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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
to
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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
of
of
is toin
set of he of
to of by tobe his
of of a
in
to of
as
he
of in no of
of of
be
to
a
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by
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to
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: he
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do
to of
of
he I he
of
of
he to
he
at of
he asof
of
of a by of of.
quietness;' we can look upon him, thusiast. ”
this great man, his peers, chiefly from
Walsingham who says, that, when the parlia
ment was informed of sir John Oldcastle's be gate the apostolick see, our venerable
London wounded
cerning the unity and reformation the church England, convocation the prelates and clergy our province Canterbury, last held
the conflict, and placed before the duke regent and the other estates the realm;
The Archbishop Oldcastle,
Canterbury against the Lord
Hen. 1413. [From the Lambeth, and may found
Records Rymer's Fad,
61. ]
“Thomas, divine permission, archbishop
Canterbury, primate England, and le
Wales the lord Powis, they or brother Richard, the grace God, bishop
sent for up. He was brought London, health and brotherly love the horse-litter, having been much Lord. —Whereas our late consultation, con
ing taken dered him
and the Indictment drawn against him
~
from Cobbett's Parl. Hist. vol. 1. p. 336.
London the new gallows saint Giles's, without Temple-bar, there hanged, and
burned hanging. ” The Record out the
heretick. Mr. Goodwin says, “He had the qualities brave and gallant gentleman,
and was equally illustrious arts and arms:"
large; the effect whereof John Oldcastle, and others,
twenty men, called Lollards, saint Giles's aforesaid, did conspire sub vert the state the Clergy, kill the king, his brothers, and other nobles. ” The archbi
what Walsingham relates his beha his execution true, that when many
king's-bench “That the said
but,
viour
persons
words
adjuring him, ‘That the dead again,
the number
quality attended there, the last
Thomas Erpingham, saw him rise from
the third day,
would
peace and
this lat
ter part his life, little better than en
saint
up of
to
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at
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957] STATE TRIALS, 1 IIENRY V. 1413. —Sir John Oldcastle, for Heresy. [258
in our church of Paul's, with the said pre the said John without leave but the lates and clergy, among other things was mediation one John Buttler, door-keeper
concluded us, and the said prelates and the privy-chamber clergy, next impossible, repair the rend should apply
our lord the king, John himself, for his leave order give him cita
ing our Lord's seamless coat, unless first certain great men the kingdom, the authors, abetors, protectors, defenders and
entertainers those hereticks, who are called Lollards, were severely reprehended, and re claimed from their errors, other means sailed,
the censure the church, assisted the secular arm —And accordingly, upon the most diligent enquiry the said convocation, the
enter his castle,
proxies the clergy, and others there assem impossible serve the said John personally
bled great numbers from each diocess our
said province, was found them, and made
known and presented us, that Oldcastle
knight, was and the principal receiver, allet great doors tor, patron and defender the same. —And ter, which that sent the Lollards preach about said castle the dioceses London, Rochester, and Here him
cited, and our edict fix’d ford, without any licences from the ordinaries publick and open view the great doors
tion castle, least that wou'd appear without the and suffer the citation be serv'd
upon him. —But John publickly answcred the said John Buttler, tho' the premises had made use the king's name, that wou'd
means cited, nor suffer any manner way such citation served upon hin. — Upon this faithful account given us, that was
with citation and we being fully persuaded
thereof, decreed that should cited
edict, which should publickly fixed the the cathedral church Roches but three English miles from his Cowling. Accordingly we caus'd
diocesans the places, contrary the sy the said church, charging him appear before
nodical constitution made for that purpose; and that was present the wicked preach ings the same, and silenced opposers met with, with threatnings and terrors, and the
September now past, and for the premises,
the second day personally answer
and other allegations
against him. —On the day appointed we held
power the secular sword —Asserting and court the greater chapel our castle
affirming, among-t other things, that we and Leeds, our diocess, which we then lived
our brethren the suffragans our province, and resided with our court; and after the ne
never had, nor have authority make any cessary proof the premises, and we had
constitution this kind. —And concerning the heard and receiv'd the relation, com
Sacraments the altar and penance, pilgri monly reported the parts where the said sir mages, adoration images, and the power John immures and fortifies himself his said
the keys, has believed, and does believe, castle, and defends his opinions contemming
—Wherefore the said prelates and clergy then “We caused Proclamation aloud and in besought us, that we would pleased pro open court, made for the said John ceed against the said sir John Oldcastle, for appear; and after proclamation made, and and upon the premises. —Hut reverence we had long waited, and not appearing, we our lord the king, (with whom the said sir John justly pronounced him, was, contuma was great favourite) and much out re cious; and then and the returned him ex spect the order knighthood, with our communicated, punishment for high brethren and sulfragans our said province, contumacy. —And because from the series and great part the clergy our said pro the premises, and other plain demonstrations vince, we waited our said lord the king, and evidences fact, we apprehend that the
and dogmatizes and teaches otherwise than the the keys the church, and impugning the Roman and universal church holds and affirms. archiepiscopal authority:
his palace Kennyngton; and making complaint against the said John, we some
measure represented the errors the said sir John.
said John strengthens and fortifics himself defence his errours against the authority the church, premised, (which gives great
handle suspect him heresy and schism) “But the instance our lord the king, we decreed against the said John, that
and our own desire reduce the said sir John the unity the church, without bringing him
should second time cited personally,
could found not, edict, before,
appear before the Saturday next after the feast the apostle and evangelist St. Mat we had from the king's own mouth, and un thew next ensuing, shew, has reason
open shame, we deferr'd for long time execution the premises. But forasmuch
der his hand, that his pains reclaim this able cause why ought not proceeded
publick heretick, schismatick, and
“To which our officer we gave command, meet. —At which time (namely, the Saturday
that should not any wise enter the castle next afict the feast Matthew, being the WQL.
inan had proved vain and ineffectual; we against thereupon decreed summon the said John enemy
appear before certain time now ought not
past, answer for and concerning the pre assistance the secular arm solemnly called mises; and we sent our officer with these our for against him personally propound, and citations the said John, then dwelling further answer, do, and receive concernini; his castle of Cowling. and singular the premises, what justice
heretical pravity
the Catholick Church, and why adjudged such, and the
in
of sir in
to
in
sir
to
a ofsirasbe of: toofby to
at
as all
to ofin
to
of
he
to to to at
or by of
allof I. to at he he ofby
he to it
in ustoall to onof
of
of of
ofof
of of
it
to
at of
at
if of
to a
ofin toall sir J.
at
is
in of
a a
to of
of he in
of
of
St.
to
s Sir to
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toof
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on
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onby it he
an of he
a by heto
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as bebe to ofofa of a of
in in
be
or at
of
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to ofisof to ;
beof
of sir
to beas
to if
sir
in
to
be
he usif to on
is in
to be
sir
sir
in of
be
he
be in ofin
by
on
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re as he he
in
of
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to
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it
to
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behe
byas tobeto;
259]
STATE TRIALS, I HENRY W. 1413. —Trial and Eramination of [260
43d of Sept. as we held our court in the chap visible representation the sufferings
ter-house of St. Pauls in London, with our and the pious lives and martyrdoms the brethren, Rd. lord bishop of London, and saints, the remembrance those things might Henry of Winchester in sessions with us, sir the more easily impressed their minds Robert Morley knight and lieutenant of the but one abuses this representation,
Tower of London, appeared in court with the give that worship these images the saints, said John Oldcastle knight, and delivered which due the saints themselves, rather
him to us: -
“For had been arrested little before
the king's order, and confined the Tower.
Christ
him whom the saints themselves owe all honour and adoration, and putteth his confi
them, which only placed affected towards these senseless more devoted them than terms, and manner very courteous and God, my opinion guilty idolatry, and
To the said John Oldcastle thus personally appearing, we repeated, soft and moderate
nee God,
wickedly sins against God, the only object worship. –Lastly, am fully persuaded, that there abiding place upon earth, but that
F. ted and charged and upon the arti we are pilgrims either the way happi cles above mentioned, convocation the ness, tending misery that either
obliging, our proceedings against him,
they stand upon the journal the former day; namely, How the said John stood
presen
ow
for his contumacy. And, though his default
was come this, we notwithstanding shewed our selves ready and willing absolve him. —But the said John taking no Étice. this our overture, answered, He would
images,
and clergy our said province. And knows not, will not instructed in, nor
he had been cited and excoinmunicated
live God,
practice
the the commandments
vain for him expect salvation,
make profession, before and my said
went step
pilgrimage his life, either
Canterbury, Compostell, any the faith which believed and Romeplaces. ’”
maintained. For which giving leave, other
he desired, drew out his bosom an in “Sir John having thus read his Writing, we
the said writing, touching the held consultation about the contents of it:
was accused; which this and the advice and agreement the same, we thus applied the said John Oldcastle, “‘I John Oldcastle knight, and lord Cob the same time and place “Look you, Sir ham, desire may known Christians, John this writing yours, must con
and call God witness, that never have sessed there are contained many good things entertained, and, the help God, never and right Catholick; but this day was ap
will entertain any persuasion, which not con pointed you answer other points, which sistent with firm and undoubting belief savour error and heresy, which your decla the sacraments, which were ordained and ap ration has not fully answered; and therefore
reth
tho'
the world: and
pilgrimage into quarters
the other side, that lives
the holy commandments
went
obedience
God, will undoubtedly sav'd, tho’ never
ren,
dented writing, and there openly read the con with our brethren the bishops abovementioned, tents and afterwards with his own hand and divers other doctors and learned men,
presented Articles whereof
the copy
his you ought explain yourself more clearly
the those points, and more particularly declare
pointed Christ himself for the use
church. oreover, that my faith,
four points alledged against me, might
clearly understood, declare, First all, That writing, viz. Whether you hold, believe, and
more your faith and assertions expressed the said
believe that the adorable sacrament of the
altar, the very body Christ does exist, under
the species bread the same body, mean,
that was born his mother Mary, that was believe, and affirm, that the sacrament crucifyed for us, that dy'd and was bury'd, penance, necessary, where priest can be and rose again the third day from the dead,
and was exalted the right hand his eternal
undergo such penance for the sinful part
them, true confession, undissem with much patience, and
bled contrition, and lawful satisfaction, mani affectionate manner: “Sir John, behoves you fests self agreeable the holy scrip
tures, without which none can hope for salva
tion. Thirdly, with respect Images, hold
that they are ingredient the Christian
belief, but, long after the publication the
faith Christ, were introduced into the world, abide his former answer, and afford no by the permission the Church, other.
calendar the laity and the ignorant, that “We therefore advised with our brethren the
[. . . "
chiefly necessary
father, where
now sits partaker with him for the Sacrament penance,
said John, answered, expressly, That would not declare himself otherways, nor re
elieve for that desire saved, amend their wicked lives, and
turn any other Answer, than
his said Writ the said John,
courteous and
affirm, that the sacrament the altar, after consecration the priest, there remaineth ma terial bread not Also, whether you hold,
had, confess your sins the priest, ordained the church 2'—To which state the ques tions, amongst many other things said the
ing. Upon this we replied
consider well this matter, because you don't return' clear answer the articles ex
hibited against you, within the time assigned
the judge, we may proceed pronounce and
declare you heretick. ” But John would
to
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be is is
of of
of sir we
it
of of he beof
in or to of sir be he or
us if by to as of by he of as toofofof of in to:
201] STATE TRIALS, I HENRY W. 1413. —Sir John Oldcastle, for Heresy. [262
bisbops above-mentioned, and others of our September, we assembled with our brethren the council, and by their advice we declared to the bishops above-mention'd, with the addition,
said John Oldcastle, what the holy Roman our order and command, our venerable bro Church, following the doctrines St. Austin, ther Benedict, the grace God bishop
St. Jerom, and St. Ambrose, and other fathers, Bangor. And our counsellors and officers, these points, had determined; which deter namely, Mr. Henry Ware, official Canter minations Catholicks were obliged sub bury; Philip Morgan, doctor both laws; mit To which the said John gave for Howel Kyffen, John Kemp and William Carle
Answer; ‘That would readily assent and ton, doctors the canon law; and John Wit observe the determinations and decisions of nam, Thomas Palmer, Robert Wombervel,
holy church, and that God required him
believe and observe; but that our lord the
pope, the cardinals, the archbishops, and bi
shops, and other prelates the church, had
power determine such things, would Examinations, the Trial, were and every
means affirm. ’ We, still patiently bearing them sworn upon the holy evangelists, with him, hopes might better informed they would answer God and the world,
mature deliberation, promised the said John, That certain determinations, relating the points above-mentioned, and which ought give clearer Answer, should
translated from the Latin into English, that might the more easily understand them, and they published for his use. And we com mended and affectionately entreated him prepare and deliver full and clear answer
the same Monday next following.
“And we caused these determinations be
faithfully discharge their duty that day, the matter and cause above-mention'd.
“After this Robert Morley knight and lieu tenant the Tower London, brought sir John Oldcastle into court, and set him before
That after consecration priest mass,
the substance the bread chang'd into the
material body Christ, and the substance
the wine into the material blood Christ; things answer'd and said, “That Christ, therefore after consecration, there remaineth
not any the substance bread and wine, which were both before What Answer
do you give this Article —Also holy church hath determined, that the duty every Christian living the world, confess his sins priest, ordain'd the church,
when liv'd upon earth, had the divine and human nature united together him, and the divine was veil'd and cover'd under the human, and only the human visible and outward;
the sacrament the altar, there the very body Christ, and real bread too; the bread the thing we see with our eyes, and the body
Christ, which hidden under we not see. ' And the faith about this Sacrament of the Altar, express'd the Writing which we sent him, determin'd the holy Roman
has the opportunity
such an one. What are this Article —Christ or his vicar earth, whose see the church Rome; and that all the successors Peter, who are now called the popes Rome, should succeed the same
wer and authority with which Christ invested im; by whose special power are constituted
and ordained prelates particular churches, archbishops, bishops, curates, and the rest
your sentiments dain’d St. Peter
the ecclesiastical order; owe obedience, according the Roman church. This
which all Christians
the traditions the determination
grandiz'd and corrupted, and not before: “To the Articles about Penance and
Con
holy church, and what your opinion this
Article? —Besides these, the holy church hath ordain'd, that the indispensable duty every Christian man pilgrimage holy places, and there adore the sacred re licks the apostles, martyrs, and confes
sors, and all the saints the calendar
the Roman church. How you hold this Article
“On Monday the 25th the said month
fession, answer'd these words: “That any one entangled the snares sin, that knows not how extricate himself,
John Withead, Robert Chamberlain, Richard Doddington, and Thomas Walden, doctors divinity; also James Cole and John Stevens, our notaries, both called assist, and take the
To whom we affably and courteously re
peated the Proceedings before, told him, How
stood, excommunicated;
the former day, and, had been, and still and we intreated and
translated the same day, and delivered
into his own hands the next Sunday, the tenor ‘That desired absolution from us, but
of which determination follows: “The faith
and determination the holy catholick church, concerning the sacrament the altar, this,
only from God. '—Upon this we prayed the said sir John, with air kindness and con
cern, give his full Answer the Articles exhibited against him. And first we demand what had say about the Sacrament
besought him desire and accept absolu sion, the usual form the church. To which sir John then answered these words:
the Eucharist To which Article, among other
church and the fathers, the determination
the determination such determination
expressly deny'd
the church, or, was
the church, asserted made contrary the
holy scriptures, and after the church was ag
advisable and expedient for him apply some pious and discreet ininister for ghostly
counsel
his own good
but that he should confess his sin to
any other priest, tho' had never opportunity, not necessary
salvation, because such sin can for given only upon contrition, and that alone can the sinner clear'd. ’—Concerning the
Adoration the Holy Cross, then declared
of
do in
go isisto on
byis of byofas it. is a
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of
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on allhe to he
all
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of
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ed as us :
of
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all all
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he
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he
toto to it is a
be
in betohe
sir
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toofhehetohein of he
it,
be of if is as of
of
toit do
toit if to so
of
in as
in
of by
to
263]
STATE TRIALS, 1 HENRY V. 1413. –Trial and Eramination of [264
and asserted, “That the body of Christ, which holy Roman and universal church, relating hung upon the cross, ought only to be wor those points. And tho' we found had snipp'd, because that body was and is the only apostatiz'd from the catholick faith, and was
adorable cross. ’ And being ask'd what honour confirm'd his error, that would not he allow'd to the image of the cross 2 he an confess nor clear himself nor disavow swer'd in these express words; “That to keep it; yet forbearing him paternal love, and it clean and in his closet, was the only honour out sincere desire his salvation, we al he vouchsafed it. ”—As to the power of the low'd him competent time deliberation, and Keys, our lord the pope, archbishops, bishops, wherein might repent and reform himself. - and other prolates, he said, ‘The pope and But forasmuch we have experienced the said
we together made up the true antichrist : the sir John incorrigible and irreclaimable, pope was the head, the archbishops, bishops, we last with grief and heaviness heart,
and other prelates the body and limbs, and obedience what the law requires, proceed
the friars the tail of antichrist; To which pope, give sentence definitive against him—In the archbishops, and prelates, there was no obedi name Christ, and having his honour only cnce due, any further than they imitated Christ, vicw; forasmuch we have found divers and Peter, in their lives, manners, and conver acts done, produced, and exhibited indica sation; and that he is the successor of Peter, tions, prosumptions and proofs, and many other
who follows him in the purity of his life and kinds conversation, and no other. ’ knight
“The said John added, addressing himself follower
w$ith. loud voice, and extended hands,
evidence, that John Oldcastle really and truly heretick, and
hereticks, against the faith and re the ligion the holy Roman and catholic church.
and particularly with respect the sacraments
that were present “Those who
ment upon me,
demn me, will seduce you all, and themselves, darkness and iniquity, has hardened his and lead Hell take therefore good heed heart that degree, that refuses hear
udg
and are desirous
penance; that,
con the eucharist and child
them. ” Upon his saying this, we apply'd the voice his pastor, and will not pre the said sir John, and Lesought him, with vailed upon gentle monitions, nor reduc’d
tears our eyes, and exhorted him the most compassionate manner we could, re
turn the unity the church, believe and embrace the faith and doctrine holy church.
To which return'd this peremptory Answer: “That he would not believe nor maintain
soft persuasions, tho’ the merits our cause, and the demerits his own, had di ligently canvassed and weighed, and aggra wated the wickedness his error his damn able obstimacy we unwilling that should contract further degrees guilt, infecting others with the contagion heresy, the
otherwise than he had before declar'd. ”
“Seeing therefore was harden'd his advice and consent of inen famous for discre
errors, that we had hopes working tion and wisdom, our venerable brothers, the him renounce them, we proceeded with re lords, Rd. bishop London, Henry bishop gret and bitterness heart, pronounce the Winchester, and Benedict bishop Bangor, following definitive Sentence and some other doctors divinity,and canon
the name God, Amen. We Tho and civil law, and other religious and learned mas, divine permission, archbishop and persons, called our assistance: we pe—
the holy church Canter remptorily and definitively, this present writ England, and legate the ing, judge, declare, and condemn the said sir Whereas our last convoca John Oldcastle for an heretick, convicted of the
humble minister
bury, primate
apostolick see
tion the clergy
bury, holden the cathedral church saint
Paul, London, after consultation upon several
heretical tenets, and strict inquiry made who
were the authors and abettors the same, sir
John Oldcastle, knight, and lord Cobham, was
detected and presented and for the said
heresies, having given great scandal through ment. —And furthermore, we have excommu out our province Canterbury, openly and
our province Canter detestable crime heresy, and utterly refusing
avowedly professing the same; upon the ad
dress and representation the clergy
the said convocation for process, we proceed according law against the said John,
doctrines, tenets, and determinations the affection error, shall hereafter counte
and (as God knows) with the equity and
favour that could possibly shew'd and, fol
Howing the steps Christ, who would not the might promulg'd and known christians, death of sinner, but rather that he should be we charge and enjoin you, forasmuch the converted and live,' we endeavour'd reclaim said sir John Oldcastle was and condemned the said John, and try’d ways and means for an lic retick, Schismatick, and that we could devise to reduce him the erroneous
the above-mention'd articles, and unity the church, declaring unto him the also other persons, who out favour
reconciled the church repentance, and apostate from those doctrines, the above
mentioned articles especially, which the holy Itoman and catholick church holds, teacres, and hath determined and we leave him from
henceforth heretick, the secular Judg
nicated, and these presents denounce excommunicated, the said heretick, and all
others who shall hereafter, favour his error, countenance, defend, afford him any counsel, aid, comfort deeming such person
persons abettors, encouragers, and de
fenders hereticks —And that these premises
of
sir a
of
to
to
in
of
of
or as
of
a
to
ed
“ byIn
of
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so
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:
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;
:
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at of
265] STATE TRIALS, 1 HENmx V. 1 413. —Sir John Oldcastle, for Ifercsy. [266
mance, defend, or afford him any counsel, aid, errores manifestos legi catholicae repugnantes or coumfort, are excommunicated, as deeu'd diu temerarie tenuerunt, opiniones errores abettors, encouragers, and patrons of hereticks, prædictos manutenere, facto minime per according to our said definitive sentence, to implere valentes, quandiu regia potestas, t:um give orders and directions to your priests and status regal' Domini nostri Itegis, quam status curates of your respective cities and dioceses, officium Prælaciæ dignitatis infra regnum in their respective cburches, when there is tne Angl' prosperitate perseverarent, falso pro greatest congregation of people, to declare, ditorie-machinando, tam statum regni, quam publish, and expose with loud and audible statum officium prælatorum, necnon ordines voice, and in our mother tongue, the s:uid he religiosorum infra dictum regnum Angl' penitus retick, and hereticks, according to our said de adnullare, Dominum nostrum Regem, fra finitive sentence, and the order observed in tres suos, prælatos alios magnates ejusdem this process; to the end that any wrong no regni interficere, necnon viros religiosos, relict' tions, which possibly the people may have given cult' divinis religiosis observanciis occu into concerning these matters, and our pro pationes mundanas provocare, tam ecclesias
ceedings upon them, inight be rectity'd by tbis
publick declaration. —Moreover, we w and
command you the bishops here present, take
copies hereof word for word, and send one each bishop our province Canterbury, that
cathedrales, qua:m alias ecclesi;is domos reli giosas reliquis aliis bonis ecclesiasticis
totaliter spoliare, funditus terram proster nere, dictum Johannem Oldcastle regentem ejusdem regni constituere, quamplura regimina
all and every them may publish, intimate secundum eorum voluntatem, infra regnum and declare, and cause their respective prædictum, quasi gens sine capite, finalem pricsts and curates publish'd, their se destructionem, tam fidei catholicæ cleri, veral cities and dioceses, the manner and form quam status majestatis dignitatis regal' infra
this our proceeding, and also the said Sen idem regnum ordinare, falso proditorie ordi tence promoünced us, and and singular naverunt proposuerunt, quod ipso insimul conteiits the same. —And, lastly, we require cum quampluribus rebellibus Domini Regis
you and theum, that this business dis ignotis, numerum viginti millium hominum patch'd with convenient expedition and diversis partibus regni Angl' modo guerrino that you and they duly and punctually ad arrivat', privatim insurgcnt', die Mercurii vise and certify the time receiving proximo post festum Epiphaniæ Domini, anno these presents, and how this our command has regni Regis prædicti prædicto, apud villam been executed, your and their letters patent, parochiam sancti Ægidii extra Barram veteris
according the tenor hereof. —Givem palace Maydstone, the 10th day tober, the year our Lord 1418,
Templi London, quodam magno campo ibidem unanimit' convenirent, insimul ob viarent pro ncphando proposito suo prae missis perimplend'; quo quidem die Mercurii apud villam parochiam prædicti Oldcastle
alii hujusmodi proposito proditorio per
severantes, prædictum Dominum nostrum I{e-
our Oc
and
[forged]
Jajn Oldéastle, Lord Cobham, for High
Treason. [Hil. Hen. Rot. I. ]
Alias coram Gulielmo Roos Hamlak, Hen
rico Scrop, Gulielmo Crow mere Majore civi
tatis London, Hugone IIu's sociis Justic'
JDomini Regis, inquirend' per sacram' pro
borum legal' hominum civitate Domini
IRegis London, suburbiis ejusdem, com'
Midd' tam infra libertates, quam extra, om
nibus singulis proditionibus insurrectioni
bus, per quamplures subditos Domini Regis ibidem versus campum prædictum modo guer Lollardos vulgarit' nuncupatos, alios civi
tate, suburbiis, com' prædictis factis per
petratis, necnon omnibus proditionibus, in
Surrectionibus, rebellionibus, feloniis civi
tate, suburbiis, com' præd' per quoscunque
our translation
the 18th. "
The
Indictment and
Outlawry
Sir
qualitercunq; factis, perpetratis eas
deih proditiones, insurrectiones, rebelliones,
feloniàs audiend' terminand' secundum legem non omitteret, &c. quin caperet præfatum Jo
consuetudinem regni Domini Regis Angliæ, hannem Oldcastle, &c. salvo, &c. ita per literas ipsius Domini I{egis patentes, assigo' quod haberet corpus ejus coram Domino Rege apud West' die Mercurii proximo post festum apud Westmonasterium hunc diem, scilicet Epiphaniæ Domini, anno regni Regis Ileurici die Mercurii proximo post octavas sancti quinti post conquestum primo, per sacram' xii. Hilarii, isto eodem termino respondendum
jur' extitit præsentatum, quod Johannes Old Domino Regi præmissis, &c. Ad quos diem [castle Coulyng com' Kanc' chr' alii locum coram Domino Rege Vic', quod exigi Lollardi vulgar' nuncupat', qui contra fidem faceret eum com' com' quosque utlagetur, catiolicam diversas opiniones hæreticas, alios nom, &c. &c. tunc eum caperct, sul
gein, fratres simos (videlicet, Thomam ducem Clarenciæ Johannem, Lancastre, Hum
fredum Lancastre) necnon prælatos mag nates prædictos interficere, necnon ipsum Do
minum nostrum Regem, hæredes suos, regno suo prædicto exhæredare, præmissa
omnia singula, necnon quamplura alia mala intolerabilia, facere perimplere falso
proditorie proposuerunt imaginaverunt,
rino arrivati' proditorie modo insurrectionis contra ligeancias suas equitaverunt debel
landum dictum Dominum nostrum Regem, nisi per ipsum manu forti gratiose impediti fuissent.
(Quod quidem inditament' Dominus Rex nunc, certis de causis, coram venire fecit terini nandum. Per quod præceptum fuit Vic', quod
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267] STATE TRIALS, 3 HENRY VI. 1424–Proceedings against [26s
vo, &c. ita quod haberent corpus ejus coram com' Midd' centum apud Braynford die Jovis Domino Rege octavas sancti Johannis Bap proximo ante festum Barnabae Apostoli, an'
tista tunc proximum sequentem, ubicunque, &c. respondendum Domino Regi pro ditionibus feloniis superius sibi impositis.
reg' Hen’ quint' post conquestum secundo; quatuor com’ tunc proximo praece
dentes, prædictus Johannes Oldcastle exactus Ad quas octavas sancti Johannis Baptistae, an' suit, non comparuit; quia nullum eo regni Henrici quinti post conquestum secun rundem com'comparuit, ideo praesentibus Coro
do, Johannes Sutton Jo’ Michell' Vic' Mid', natoribus com’ praedict; utlagat’ fuit, per quod coram Domino Rege returnaverunt, quod inquiratur terra catallis suis.
21. Proceedings, upon post facto Act, against John MoR TIMER, for making his Escape from Prison. Hen. VI. A.
1424. Cobb. Parl. Hist. 350. ]
SIR John Mortimer, Bishop's Hatfield, him the regal power his due. Lastly, that
Hertford, having been indicted the oath one King, servant Robert Scot, keeper
when he came into Wales, the earl March would not accept his service, nor engage the cause, would then into France, and as
the Tower London, upon the Statute
Escapes; act was made this parliament on sist the French king against Henry, and did purpose destroy him, alledging several other not doubt but the end should gain his Articles against him. As, first, “That the said design. ”—It appears the Record, that this sir John had contrived with him break out John Mortimer had been committed pri
his imprisonment, and had promised him soner the Tower, for suspicion Treason immediately reward 40l. year, aid done against the late king, from whence
ing and assisting him his escape; and af had made his Escape the first year this reign. terwards an earldom. Second, that the said For which escape alone, we suppose, was
John told him, that after his escape indicted, and this indictment, the authority
would into Wales the earl March; and, parliament, was allowed good. And having raised 40,000 men, would enter the the said sir John being again apprehended and kingdom again, and cut off the heads the brought before this parliament, Judgment was protector and the bishop Winchester. Third, given against him, carried back the he had told this informant, that the earl of Tower, and drawn from thence Tyburn, March was rightful heir the crown Eng there hanged, drawn, and quartered; his land, and that after him he was the next heir; head set London bridge, and his four quar
the city.
Winchester, [Cotton. Hall.
wherefore, the earl March refused re ters the four gates cover his right, himself would take upon
22. Proceedings against HENRY BEAUMoNT, Bishop for High Treason: Henry VI. 1426.
Cobb. Parl. Hist. 354. ]
Holling.
ABOUT this time was, that dangerous becoming his high place and state. this quarrel was set foot between two very great situation the bishop, however, thought proper men, both chief supporters the house write letter the duke Bedford, regent Lancaster; Humphrey, duke Gloucester, France, come over and endeavour heal lord protector, and Henry Beaufort, the rich matters between them. The duke came ac bishop Winchester, great uncle the king. cordingly, and calling council the chief no The latter these, his magnificence and bility Saint Albans, many hot contests arose; grandeur, seemed much out-shine the and, nothing being concluded that time,
Protector himself, though almost the throne,
that drew him the odium and jealousy the other. The haughty spirit the bishop,
being legate the pope England, was great, that the Protector could not endure his pride; and such implacable enmity grew between them, that great parties were raised, on both siles, for each other's defence.
short, civil war, was much dreaded, would
was adjourned Northampton, but little purpose; till, last,it was determined,that these
differences should referred parliament. Accordingly, writs summons were issued out, dated Westminster, Jan. 1426, for one
meet, Leicester, on the 18th Feb. At which time and place being assembled, the great hall the Castle Leicester, much care had been taken prevent any tumults between the great trains the protector and the bishop, strictly prohibiting any person what
the consequence; and, their mutual
friends could do, was not sufficient pacify
the mind the Protector, make the Pre soever, come thither with swords any late yield any further, than, thought, was other warlike weapon. Which order, though
of
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269] STATE TRIALS, 4 HENny VI. 1426. —Bp. of Winchester, for High Treason. [210
it was literally observed, yet the lords and This all the account which sir Robert Cotton their attendants came armed with batts, or has thought extract, relating this strong great clubs, on their shoulders; from whence contention between these two noblemen; who, this meeting got the name of “The Parliament though nearly related uncle and nephew, of Bats;” but this, also, as soon as it was yet still carried that implacable malice t. ak. e"n notice was prohibited. Being all, against each other, which ended not but the
s
ai
young king being there, also, present, Chronicles of Hall and Hollingshead are not
sat peaceable manner, afore death one both them. However, the
d,
the bishop Winchester, lord chancellor silent this matter; they tell us, that when
the
England, declared the cause the sum the affair the quarrel was brought before the mons, very short manner; for, after telling parliament, and each party allowed plead his them that the king's will was, that estates cause freely, the Protector, who looked upon should enjoy their liberties, took his subject himself the person aggrieved, exhibited five from these words Saint Paul Sic facite Articles against the bishop, which salvi sitis. These the learned prelate divided was urged give his Answer. Which Arti
into three parts, and referred them “First God, for protecting the faith the church,
against invasions from Lollards and Here tics: 2dly, imparting sound counsel; and,
ject, their liberal grants. which ter, deny admittance him the said duke desired, that every estate this parliament Gloucester, then being Protector the king
lastly, granting the several needful subsidies.
By which, affirmed, three virtues and con
veniences would follow, viz. glory God,
protecting his faith; honour the king,
receiving good advice; and peace the sub encouragement the said bishop Winches
would labour; and that the commons would chuse, and the next day present, their Speaker. ’
dom, into the Tower, contrary reason and duty, and derogation the kings authority.
To this Article the bishop answered, “That
while the duke Gloucester was gone into Hai nault, happened that many pamphlets and reports being dispersed and down the city London tending rebellion, was ordered
—The same day the commons presented, be fore the king, Richard Vernon, knight,
their Speaker; who, with the common pro testation, was allowed.
Then the commons expressed their great
dislike to the Dissentions bctween duke Hum the lords his majesty's council, that Richard
cles and Answers are follow:
Articles Accusation presented the Parlia ment the Duke Gloucester, against Henry, bishop Winchester, with his An swers them severally.
“That Richard Woodvile, esq. keeper the Tower London, did the instigation and
phrey, and the bishop Winchester, and Woodvile, esq. should with sufficient number
moved for their reconcilement. On which, the duke Bedford, some bishops, and other lords, made solemn decree amongst themselves, hear and determine the said difference, without favour affection. Which order, after every one the lords had sworn observe, they sent copy the commons. They then proceeded the matter, and, length, caused
the said duke and bishop, their formal in struments, have their disputes compro
armed men have the keeping the Tower, and should not permit any man come into the Tower stronger than himself, without the
special eommandment the king, the ad vice his council. After this strict charge the duke Gloucester returning out Hainault, and not approving the fortifying the Tower,
told the citizens, who were dissatisfied
‘That had been England should not have been so;' and immediately going the
mised, o
and referred the decision of select
Woodvile, not daring give him entrance, came the
committee certain bishops and lords; who, after some time, came this resolution first, that the said bishop of Winchester should sub mit himself the inercy;
Tower demanded admittance, but
which did accordingly. And, then the duke Bedford, open parliament, pronounced the said bishop
and that before admitted ought provide himself
innocent what was alledged against him, that procured person murder the late king, when was prince, the murderer
the king and council for the former order. ”— Winchester, without the
the duke Gloucester,
his majesty's privy council, contrived and purposed lay hands majesty's person, and have removed him from Eltham, the
himself confessed who was drowned earl Arundel. And, also, that
the should
have de
awarded the said committee, that the put him under the government such persons
counsel and advise the said prince
posed Henry IV. his father. Likewise, was
place that was then in, Windsor, there
bishop should acknowledge his offence the duke Gloucester, and, submissive man
ner, ask his pardon; that the said duke should freely forgive him; and, token thorough
reconciliation, each should take the other
the hand; which was accordingly done before the whole assembly.
pleased. The bishop's answer this
article was, “That never could propound himself any advantage removing the king, taking him into his custody charge, nor did ever intend meddle with any thing about the
king's person without the advice the privy council, time and place could prove. ”—
bishop Winchester for advice, who told him, that the duke Gloucester took more upon
sufficient warrant his doing contrary
him than
him into the Tower,
That the bishop advice consent
ought,
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2, 1] STATE TRIALS, 28 HENRY WI. 1451–Proceedings against the [272
3. That the bishop of Winchester knowing that appoint them judges, that might vindicate his the duke of Gloucester had resolved to prevent honour, else leave him sue out his right his design of seizing the king's person at El before suitable judges. ”—6. That the bishop of tham, laid wait for him, by placing armed men
at the end of London-bridge, and in the win dows of the chambers and cellars in South
Winchester bad, his letter the duke Bedford, plainly declared his malicious purpose
assembling the people, and stirring up re bellion the nation, contrary the king's way; wh. ich against the king's peace, and peace. The bishop's answer was, “That he
wark, to have killed him, if he had passed that
duty true subject. The bishop's defence was, “That true indeed that did pro vide certain number armed men, and set them the foot London-bridge,
never had any intention disturb the peace the nation, raise any rebellion, but sent the duke of Bedford come over hastc.
so
for his own safety and defence, being informed
and gathered together company citizens for
that end. ”—4. That the late king Henry
told him, that when was prince, man was
scized his chamber, who was hid behind the
hangings, and confessed after his apprehension,
that was set work the bishop Win
jlaces, without any intention
by several
field, such brother
the duke
but
“That
adventure
you have here:’ did not mean any de sign his own, but concerning the seditious assemblies masons, carpenters, tilers and plaisterers, who being distasted the late act
persons,
Gloucester had purposed bodily harm him,
chester, kill the prince his bed. He was
Glocester,
merely
letter, the land
settle things that were prejudicial
any bodily peace and though had indeed written
that the duke
and other
the
tarried, put we shall
pariiament against excessive wages those trades, had given out many seditious speeches
and menaces against the great men, which tend ed much rebellion; and yet the duke Glou
cester did not use his endeavour, ought have done his place, suppress such un lawful assemblies, that feared the king
and his good subjects must have made field withstand them prevent which,
chiefly desired the duke Bedford come over. ”
This Charge, and the Answers being thus delivered into the parliament, the further
the
delivered the earl Arundel, who drowned
him sack the Thames To this accusa
tion the bishop replied, “That was ever
true and faithful subject his sovereigns, and
never purposed contrived any treason against any their persons, and especially against his
sovereign lord Henry And this thought was sufficiently evident any, that considered
the great wisdom and courage king, and the great trust reposed
long remained king, which
not have done had found him guilty unfaithfulness him while was prince. ”—
the said him
examination was
the houses devolved lords, who having tho matters, acquitted the
bishop, and formal award enjoined them firm friends for the future; and such in ducements wrought upon them, that they shook hands, and parted with outward signs per
upon select number would roughly examined
such
That the bishop Winchester the sick
ness king Henry advised his son prince
Henry, assume the government the na fect love and agreement, which gave mighty
tion before his father's death, the said prince satisfaction people, both the clergy himself told him. The bishop replied “That and laity. And the king, the advice his this was mere calumny, which could not council, made magnificent feast Whitsun proved; and hoped the parliament would tide, rejoice for this happy reconciliation.
23. Proceedings against WILLIAM DE Pole, duke Suffolk,
for High Treason: 28 Hen. VI. 1451. Cobb. Parl. Hist. 386. ]
IN the parliament which met Westminster, being but knight, and taken prisoner, had on the 22nd January 1451, came on the paid for his ransom 2000l. That had been Trial the duke Suffolk, on several Arti the Order the Garter thirty years, and
cles High Treason which, because saw
that he could not avoid, he moved for himself.
For, according the Record, the twenty
second January the duke stood the had been true the king and realm, house lords, and required the king “That
might specially accused, and allowed answer what many inen reported hion,
that was unfaithful subject. ” IIe further
told the king, “That his father, and three lords and judges, upon consultation, “thought
his brethren, died his service and that there was good cause for unless some es his father's and grandfather's. That himself pecial matter was objected against him. "— had served the wars thirty-four years; and, January 28, the Sp;aker came again, and de
counsellor the king fifteen years, and had been seventeen years the wars, without returning home. And, asking God's mercy,
required his purgation. ”—January 26, the Commons came before the Lords, and required that the duke, confession,
might committed safe custody; but the
in
or in to
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his ofof byitto he at by to as ofa
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to
273] STATE TRLALS, 28 HENRY VI. 1451. —Duke of Suffolk, for High Treason. [274
clared, “That the duke of Suffolk, as it was had taken effect. For causing the subsi said, had sold this realm to the French, who dies granted contrarily employed. For had prepared to come hither; and that the causing the king's treasure spent the said duke, for his own defence, had furnished French queen, and other French people. For the castle of Wallingford with warlike mu consuming the sum 00,000l. left the lord nition whereupon, the Speaker's request, Dudley the late treasurer. For conveying out the said duke was committed the Tower the king's treasury the obligations the London. —February the Speaker the con finance for the duke Orleans. For pro
mons, the chancellor, and the lords, sent the curing himself made earl Pembroke, king Bill Articles, which they accused and obtaining the lordships Haverford-west,
Suffolk, late after the death of sir Rowland Lenthal. For Oxford, sundry staying the process outlawry against Wil liam Talbois, esquire Lincoln, upon several
That the said duke having the ward
ship Margaret the daughter and heir John
duke Somerset, meant marry his son suretyship peace. For procuring persons John her; and thereby for want issue his confederacy made sheriffs. For pro the king, claim the crown, and procure curing garrison Englishmen fight against the French king, means certain French the Germans, the king's allies, the part lords, there named, depose the king. —2. the French, the king's enemies. ” All which That procured the delivery the duke
Orleans, and practised with him cause the
French recover the English conquests
that kingdom. –3. Related the duke's pro brought from the Tower,
mise delivery Anjou and Main, requite into the Parliament Chamber,
the king Sicily the king's enemy, without before the king and lords
the assent of the other ambassadors. -4. For cles aforesaid were rehearsed, who desired disclosing the king's counsel the earl Du copy them, which was granted. 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
I.
of
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to
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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
to
to
to
to of to
in
of he
on
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by
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to
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ithe he is
of
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so
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by
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
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