No More Learning

His case was said this:
high nature, save his life, and set the that discourse between sir Robert Clifford
memory,
much amazed this noble person was, for which suffered,
had heard and what likewise was the ground and cause
crown upon his head; man, that enjoyed
his favour and advancement great fortune,
both honour and riches; man, that was
tied unto him near band alliance, his
brother having married the king's mother; and
lastly, man, whom had committed the
trust his person, making him his chamber the judges that time (who were learned lain; that this man, ways disgraced,
ways discontent, ways put fear, should
false unto him. Clifford, was required
over again, and again, the particulars his accusation, being warned, that matter unlikely, and that concerned great servant
the king's, should not any wise too
far. But the king finding that did sadly who had said, “that king Henry the Eighth
and constantly (without hesitation varying,
and with those civil protestations that were fit)
stand that that had said, offering jus
tifie upon his soul and life; caused him nature. Which seemeth) the grave judges
be removed. And after he had not little taking into consideration, would not admit bemoaned himself unto his council there pre treasons upon condition. And for the posi
sent, gave order that William Stanley should tive words, “that would not bear arms
be restrained his own chamber, where against king Edward's son;' though the words
lay before, the Square Tower. And the seem calm, yet was plain and direct over
next day was examined the lords. Upon ruling the king's title, either the line his examination he denied little of that where Lancaster, act parliament. Which
with was charged, nor endeavoured much (no doubt) pierced the king more, than Stan excuse extenuate his fault. So that (not ley had charged his launce upon him the very wisely) thinking make his offence less field. For Stanley would hold that opinion, by confession, made enough for condem that son king Edward had still the better
nation. was conceived, that trusted much right, being principal person autho his former merits, and the interest that bis rity, and favour about the king; was brother had the king. But those helps were teach England say much. And there
over-weighed divers things that made against fore (as those times were) that speech touched him, and were predominant the king's na the quick. But some writers put this out ture and mind. First, over-merit; for con doubt; for they say, that Stanley did ex
venient merit, unto which reward may easily presly promise aid Perkin, and sent him reach, doth best with kings. Next the sense some help treasure. —Now for the motive
both what the case
and him, had said; that were sure, that that young man were king Edward's son, would never bear arms against him. This
case seems somewhat hard case, both re spect the conditional, and respect the other words. But for the conditional, seems
men, and the three chief them the privy council), thought was dangerous thing
say admit and ands, qualifie words trea son; whereby every man might express his malice, and blanch his danger. And was like the case (in the following times) Elizabeth Barton, the Holy Maid Kent;
did not take Katherine his wife again, should deprived his crown, and die the death
his power; for the king thought, that
that could set him up, was the more dangerous pull him down. Thirdly, the glimmering
his falling off from the king; true, that Bosworth Field the king was beset, and manner inclosed round about the troops king Richard, and manifest danger his
confiscation; for was the richest subject
for value the kingdom; there being found life; when this Stanley was sent his brother
his castle Holt forty thousand marks
ready money, and plate, besides jewels, hous
hold-stuff, stocks upon his grounds, and other
personal estate, exceeding great. And for his
revenue land and fee, was three thousand
pounds year old rent, great matter
those times. Lastly, the nature the time;
for the king had been out fear his own him great gifts, made him his councellour and
estate, was not unlike would have spared chamberlain and, somewhat contrary his
his life. But the cloud great rebellion, nature, had winked the great spoils Bos
hanging over his head, made him work sure. worth Field, which came almost wholly this
Wherefore after some six weeks distance of man's hands, his infinite enriching. Yet,
time, which the king did honourably interpose, nevertheless blown up with the conceit his
both give space his brother's intercession, and shew the world, that had conflict with himself what should do; was ar
merit, did not think
measure from the king, and running over,
had received good
least not prest down expected. And his
dog. ' And infinite cases may put like
with three thousand men his rescue, which
performed so, that king Richard was slain
upon the place.
men not capable
the condition mortal greater benefit, than
the king received
being like the benefit
and crown. For which service the king gave
the hands Stanley; Christ, once save
soofa he
in
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a a sir
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at byisdo as in is ofby bybe ofheofheit
to of
in of it of ofin be ofaatofto ofofofofto
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to
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ofof
283] STATE TRIALS, 1 Henry VIII. 1509. —Trial of Empson and Dudley,
[284
ambition was so exorbitant, and unbounded, him his places until this his fall. —After him
as he became suitor to the king for the earldom was made lord chamberlain, Giles lord Dow
of Chester. Which ever being a kind of ap beny, man great sufficiency and valour;
pendage to the principality of Wales, and using the more, because was gentle and moderate.
to go to the king's son; his suit did not only —There was common opinion, that sir Robert
end in a denial, but in a distaste; the king Clifford (who now was become the state in
perceiving thereby, that his desires were in former) was from the beginning emissary, temperate, and his cogitations vast, and irre and spie the king's; and that fled over
gular, and that his former benefits were but into Flanders with his consent and privity. cheap, and lightly regarded by him. Where But this not probable; both because never
fore the king began not to brook him well. recovered that degree grace, which And as a little leaven of new distaste doth had with the king before his going over; and
{.
commonly sour the whole lump of former me chiefly, for that the discovery which had
rit, the began
touching
passion that Stanley, at Bosworth Field, though was his great service) grew not from any thing
suggest
he came time enough to save his life, yet he learned abroad, for that knew well
to
stayed long enough to endanger having matter against him,
26. The Trial Sir Thom.
the lord chamberlain (which
wit
unto his made
But yet before he went. continued
EMPson, knt. and EDMUND DUDLEY,
esq. for High Treason; Guildhall, London: Hen. VIII.
A. 1509. [Lord Herbert's Hen. VIII. Kenn. Compl.
-
Hist. 2. ]
[“The most exact account the proceedings against these two remarkable persons being
I. found lord Herbert, we shall lay before the reader; who, chooses
ursue the subject further, may consult Po
Virgil, Hall, Hollingshead.
and But
taint and Conviction parliament. ’ These words certainly import parliamentary at
tainder, and might well lead any person
ive credit the prior representation
eing so, without taking the trouble ex amine the act, which not the later edi tion of the Statutes. But whether their
proper premise, what we conceive
great error, which current respect thus describing the Bill was inaccuracy
Empson and Dudley. Our historians general, not excepting lord Herbert and Mr. Hume, represent Empson and Dudley have been doubly attainted, first judg
the penner the Journal, the Bill was first attaint, certainly did not pass
that form. Indeed the subsequent part
the Journal takes notice, that the bill was newly formed, before was sent the
ment trial before jury, and secondly
an act parliament. But the statute, thus Commons. ” Hargrave. ]
treated an act attainder, was truth
only act relieve certain persons, WHILE obsequies rites Hen. trust for whom Empson and Dudley were were preparing, (April 23, the particulars
seised various estates; and prevent whereof Hall after his manner relates) king their attainders from hurting innocent per Henry retired privately from Richmond (where sons. Nor there word the act, either his father died) the Tower London, both
confirm the attainder attaint; that might with more leisure advise with will appear consulting the act itself, his council concerning the present affairs his
which extant Rastall's edition of the
Statutes. Yet even the elaborate writers of
the ‘Parliamentary History,’ whom both
lawyers and politicians are much indebted
for their useful and important labours, have were past. He thought not mingle the adopted the error; though throughout that noises. Here then was the first place re work, recourse apparently had the solved make good his authority, having journals and records parliament, which more undoubted right the crown by the stamps with great authority. How this Union the White-Itose and the Red his happened, we cannot otherwise account for, person, than any king ever delivered
than conjecturing, that they were con warrantable history. For this end found firmed the error their predecessors, took occasions. one kind Henry Staf the particular manner which the Journals ford, brother the duke Buckingham,
the Lords take notice the act, whilst
was progress through that house
bill. On the first and second reading, which
was the same day, stiled ‘A Bill con wards frivolous, that, repair this disgrace, cerning Dudley and Empson, and their At was the same year made earl Wiltshire.
also the better avoid those sa lutes and acclamations the people, which could not but be unseasonable, till the lamen tations and solemnity his father's funeral
kingdom,
served for example, who (upon know not what suspicion) was apprehended presently, and com
mitted the Tower; which yet seemed after
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285] STATE TRIALS, I HENRY VIII. 1509. —for High Treason. [286
In the other kind, doctor Ruthall became the you imagine more certain sign ruine that object, being (together with one of his council) common-wealth. And will you alone hope made the same day bishop of Duresme. Thus, decline this heavy judgment? When, contrary
though it seems he hasted to take upon him equity and example, you not only make the real marks of soveraignty, yet he so tem precedents for injustice and impunity, but to pered them, as to leave his subjects in hope of gether with defaming would inflict cruel
an even hand. Besides, that he might shew himself gracious to his subjects, he not only
confirmed the pardon his father gave a little
before his death for offences, except mur been thought the best patriots; what can we
der, felony, and treason, (to which general
abolitions not properly reach) but for far
expect then, but fatal period let God turn this away, though
fice. Only, must die,
my inditement may entered
nor divulged foreign nations, lest, they hear, my condemnation, that may argue
ther performance proclamation
could prove himself prived his goods,
his father's last will caused made; that any man then wrongfully de
the sacri me desire that
occasion certain commission for forfeitures, should (upon due
final dissolution government, they invade and overcome you. ”
complaint), have satisfaction; whereupon many Petitions were presently exhibited against Richard Empson and Edmund Dudley, esq.
(employed lately for taking the benefit penal well do: that he should find last, he
statutes) that was thought call them fore the council, where Empson spake this
effect:
“Right Honourable and others here present: have remarked two causes general, that
side, considering my violent persecution, can and bringing them wrongfully
not but think favour, that may speak for that tenure they call capite myself; but, alas, whom The king, my the parties could permitted
was punished for passing the bounds his commission from the late king, and for stretch ing law which it's self was severe enough
the common and poorer sort people, from whom exacted most unjustly. ”
The chief parts his Accusation (that can find) were: “1. That had committed di ment. Both these concur manifestly the vers persons prison, without suffering them affairs now questioned, that will not much answer till they had compounded for their implore your patience. Though the other fines. For searching unduly mens estates,
death on those who would maintain them; this might guerdon for those who
must tell you), every where else would have
To this was answered briefly, “That re ceived great deal liberty speak ill,
all? But
record,
move attention. One the greatness, the other the strangeness and novelty argu
master, whom should appeal, my su till they had payed great fines and ransoms. preme judge and protector, abandons me That wards, being come full years, were
my enemies, without other cause, than that not allowed sue out their livery, till they obeyed his father's commands, and upheld the had paid excessive composition. That regal authority. The people, whose equal out-lawed persons could not be allowed sue
trial should put my life, seek my destruction, out their
only because endeavour execute those laws half the profit their lands for two years, whereof themselves were authors. What upon pretence that was according law.
would have happened me, had disobey That usurped upon the jurisdiction
ed my king, broke my country's laws? Sure other courts, hearing, and determining di ly, have anyways transgressed, pro vers matters properly belonging them.
curing, that these penal statutes might ob That whereas
served, which yourselves open parliament theft, the city
decreed, and which you then submitted, one pound, was
both your persons, estates, and posterity; and said Empson conceiving the evidence suf
this crime, why you not first repeal ficient, committed the jury prison, till they your proper acts? Or (which truth) they entered into bond appear before the king's stand still full force and vertue, why you council, where the matter being again consi not vindicate from imputation both your dered, was ordered, they should pay eight selves and me? For who ever yet saw any man pounds for fine (which was thought hein condemned for doing justice? Especially when ous, as, sessions being held afterwards
by the chief dispencer thereof (which the Coventry, particular indictment was framed king) the whole frame the proceeding hath against him, and was found guilty). ” How
been confirmed and warranted Nay, whoever many these Allegations were verified,
saw iman on these terms not rewarded And how far they might warranted the last
must that, which the life and strength king's commission, appears not me. How other actions, the subversion and overthrow soever, for the present, they were (April 23)
mine? Have you read heard any well committed the Tower.
governed country, that the infractors laws This Empson, reported sieve-maker's made publick vote, and consent, escaped son Torcester, from this mean beginning, without punishment, and they only punished his wit and industry, came be council
who laboured sustain them Or when you king Henry and master surveyor his had not read heard any such thing, could forfeits divers kinds, which place served
. . .
pardon, till they had paid
prisoner £eing indicted for Coventry, the value
hold under
without that traverse,
the jury acquitted; the
or
to be is
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287] STATE TRIALS, 13 HENRY VIII. 1522. —Trial of the [2ss
as an instrument for raising great sums to the arms
king; Dudley (a gentleman of birth and such death
parts as he was chosen Speaker of the parlia Out
ment-house, 19 Henry 7), assisting him. These collected the jury, that their intent was men (called by Polydore Virgil Judices Fiscales) seize the person the new king, and
having it seems exceeded their bounds, were assume the sole government: when they detested of all, but especially the poorer sort, could not attain this, destroy him. —Of which who found it easier to hate than to pay. To crimes, how improbable soever, Dudley his satisfy their complaints therefore, it was thought Tryal Guildhall London, July 16, 1509,
permit them the ordinary ways jus and Empson Northamptor, October were tice; the promoters they used being severely found guilty their Juries, and both con punished the mean time, betwixt the pillory demned Treason, and remanded the
and shame, that they died few days after) prison, save one Giovanni Baptista Grimaldi,
who, foreseeing the storm, took sanctuary Westminster.
Empson and Dudley being (as abovesaid) committed the Tower, new and strange crimes were found and objected against them,
Tower.
Empson and Dudley lying now prison,
condemned and attainted parliament, the importunate clamours the people prevailing with the king this year's progress, not only restored divers mulcts, but for further satisfaction the commonalty (by speciał writ) commanded have their heads struck off, August 18, doing therein (as thought by
appears their Indictments upon record,
wherein they are accused conspiracy against
the king and state; and first, that during the many) more like good king, than good sickness the late king March last, they master. —The attaint against Dudley was re summoned certain of their friends be versed parliament, 5th Hen. 1533.
hour's warning; and upon the
the said king, hasten London. which, and other circumstances, was
27. Trial EDw ARD duke BuckINGHAM, for High Treason; the Court the Lord High Steward England 13th May,
13 Hen. VIII. 1522.
[Lord Herbert's Hen. VIII. Kenn. Compl. Hist. 40. Stowe's Chronicle, 510. ]
[“Some account this Trial met with large revenue, drew himself dangerous various writers, exclusive the notice suspicion; which though was again fomented taken our more modern historians. the cardinal, who disaffected him for some slightly mentioned Polydore Virgil, speeches had cast forth, yet could not have
whose history first came out within eleven twelve years after the event; and from him appears, that the prosecution origi
overthrown him, but that some indiscretion of his own concurred. Besides, suffered much through the offices Charles Knevet, for merly mentioned who yet durst not appear,
nated from the malice of one Charles Kne
vet, who, having been removed from the till saw the duke not only discountenanced,
stewardship some the duke's estates,
for oppressing the tenants, revenge turned
but weakened his friends and allies. And these find two principally one, Henry Percy earl Northumberland, whose daugh ter the duke had married; the other, Thomas
informer against his former master, and be
trayed him his great and powerful enemy
cardinal Wolsey. Polyd. , Virg. ed. Basil,
660, 665. Hall, who was also cytemporary
historian, gives many particulars, relative
well the manner arresting the duke and
his execution, the Trial itself. IIall's
Hen. fol. 85. Grafton merely copies from
Hall but Hollingshead and Stow state
addition the several facts charged Treason sion; yet the earl was more wary than
earl Surrey, who had married the duke's daughter. Against Northumberland, cause was taken for claiming certain wards; which, after close commitment, yet, was forced relinquish. Against Surrey the cardinal pro ceeded otherwise for, though hated him for drawing his dagger him some occa
the indictment of the duke from the re give new offence, thought send him cord Grafton 1044. IIollingsh. away upon some honourable employment, for
2d. edit. 863. Stow's Chron. Howes's edit.
512. Lord Herbert, his History Henry
the 8th, assisted materials from the pre ceding authors, writes the narration the
which he found this overture.
Gerald Fitz-Gerald, earl Kildare, made
deputy Ireland Henry duke York,
(now king, who four years old was his duke's Trial, which we now offer the father made lieutenant that country) having
reader. There an account of this Trial amongst the Harleian Manuscripts; but
merely compilement from Hall and Stow. ” Hargrave. ]
ABOUT this time Edward Stafford duke Buckingham, eminent for his high blood, and
done divers good services against the rebels, was made knight the garter, and enjoyed that place till his death 1513; when his son Gerald
being substitute therein, behaved himself, likewise got much credit: though,
had the house Ormond his enemy, and par
of
as he
of
of he
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:
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in
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of
289] STATE TRIALS, 13 Henry VIII. 1522–Duke of Buckingham, for Treason. [200
ticularly Pierce Butler earl Ossory, secret that, aught but good come the king, the offices were done him. Nor did avail, duke Buckingham should next blood that had given his sister marriage the the crown, the king having yet issue. said Butler, and helped him recover the That, comply herewith, did many things earldom Ormond, detained wrongfully, since which argued ambition, and desire make
James,
the death bastard that fa himself That said one o
mily: for was impossible
popular. Gilbert,
oblige him; es his chancellor, that whatsoever was done advantageous the king's father, was done wrong; murmur
Pecially, where found
occasion dissent. For as he watched over ing withal against the present government.
the earl Desmond, his perpetual adversary, And the said Charles Knevet, that had
since the division Lancaster and York, (in which his ancestors were on the side of Lan
caster, and the Kildares and Desmonds on
that York), discovered more favours done doers thereof should not have cause great the present earl Desmond, (whom called rejoycing; for would have plaid the part
traytor) than thought due him; inso which his father intended have put prac much that complained the cardinal, who tice against king Rd. Salisbury, who made
thereupon sent for Kildare. Though Polydore
saith, come voluntarily, into England
match with some English lady, and there be
haved himself unrespectfully the cardinal, have thrust into the body king ltichard,
that was cast into prison. But whatsoever the cause was, his charge was bestowed the earl Surrey, who going Ireland April
1520, reduced the earl Desmond and others to obedience.
The duke Buckingham being thus exposed
and unfriended, the cardinal treats secretly with knight, lord Abergavenny,
Rnevet, concerning him; who thereupon dis king died, would have the rule the realm, covers his late master's life; confessing, that
the duke, way discourse, was accustomed
been committed the Tower, (whereof was danger, upon occasion one sir W.
would have wrought, that the principa
earnest suit come into the presence the said king, which suit, might have obtained,
having knife secretly about him, would
had made semblance kneel down he fore him. And that, speaking these words, maliciously laid hands dagger, swear
ing, that, were evil used, would
say, how meant use the matter, that, king Henry died without issue, would
attain the crown, and that would punish the
spight whosoever said the contrary; swearing, that the lord Abergavenny revealed
most special Articles the evidence: which cardinal. Besides, that had spoken hereof the courteous reader yet may well con
unto George Nevill lord Abergavenny, who married the said duke's daughter. what
ineans yet the duke intended particularly effect these designs, not find exactly set down Charles Knevet. Neither the au thors, who write hereof, relate his pedigree; only our heralds say, was descended from
Anne Plantagenet, daughter Thomas Woodstock, son king Edward How far this yet might entitle him the crown, case king Henry should have issue, have neither leisure nor disposition examine. shall only therefore, for satisfaction the reader, select some principal points out his Indict ment; leaving the reader, for the rest, unto the search the record which, the points that my opinion made most against the duke, were
“That several times (1512, April 24, and July 22; and 1513, April 26; and 1517, July 20,) had sent one Hopkins, monk
sider more large, they are extant Re cord. How far yet these particulars were prov ed, and what sort, my authors deliver not. Only find (out our Records) that the duke
Buckinghaun being committed the Tower, April 16th, did, under his own hand, declare
Thomas Lovell, constable the Tower, the passages betwixt him and Hopkins, this man ner; that say, ‘That the summer before our king made war France (1512), Hopkins sent for him; but, not being able go, commanded one Delacour, his chaplain, re pair thither; howbeit, that Hopkins said nought
vealed me God. And that Hopkins de the priory Henton, informed him, manding afterward what children the king had concerning the matters imagined and that had, told the number and that Hopkins the monk should return answer, the duke should say thereupon, pray God his issue should have all; and therefore should labour continue; for that feared God was not con
procure the love the people. That the tented, because he made no restitution ac
duke afterwards should person the said cording
Hopkins, who confirmed the said prediction, further
adding, that knew revelation. Where restitution.
upon the said duke should give him several re cellor those words, and his return out of wards. That should speak Ralph France, came Hopkins again, and said,
Nevill earl Westmorland (his son-in-law), had told him true: also, that (another time) 01,
best accomplish
That being speech with
intended purpose. George Nevill,
this, would fight with him. ”
This conceive be the substance of the
him; yet that himself came the next Lent; where, shrift, the said monk told him, that our king should win great honour his journey
France; and that the king Scots came England then, should never home again.
And that, when asked Hopkins how knew this, said, Deo habco; re
his father's will, charging the duke advise the king's council make
Further, That told his chan
said, that the
W
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of
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201]
[292
the Trial may The following
therefore
Ertract from Stowe's Chronicle, Howes's edition, 510. 513.
STATE TRIALS, 13 HENRy VIII. 1522. -Trial of the
came to Hopkins, together with his son Stafford, the latter, perhaps his account
and the earl of Westmorland ; and that Hop acceptable some readers. kins asked who he was and thereupon should extract from Stowe's Chronicle
say, that some of his blood or name should added. ]
rove great men. And that, after this, Hop sins should send to the duke, to pray him, ac cording to his promise, to help their house (be
this meane time Edward duke Bucking conduit; the ten pounds, formerly given by ham was accused High Treason, wherefore
ing at Henton in Somersetshire) to make their
him, being spent. ’ And more than this he confessed not. Notwithstanding which, when
the king directed his letters the said duke, being his mannor Thornebury Gloces tershire, that incontinently should come
the Indictment was openly read, the duke
said, it was “false, untrue, conspired, and for his presence, which commandement the duke
ed', to bring him to his death; alledging (as
#. was an eloquent person) many reasons to
falsify the indictment. The king's attorney, on
the other side, producing the examinations,
confessions, and proofs of witnesses; the duke time sir Gilbert Parke the dukes chancellor was
hereupon desired the witnesses, which were taken, which had confessed matter high Knevet, Gilbert, Delacour, and Hopkins, to be treason, concerning the kings person. There
brought forth. These confirming their depo was also attached one Nicholas Hopkins monk sitions, the duke was tried by his peers, (being the order Carthusians, being Henton a duke, a marquis, seven earls, and twelve priory Somersetshire, and John Court barons) before the duke of Norfolk, who was the dukes confessor, and others. These were for the time made lord high steward of Eng prisoners the Tower.
Norfolk delivered his sentence, not without tions were taken divers shires him, that
obeyed, and came London, where hee was straight wayes arrested Henry Marney captaine the gard, and conveyed the Tower
London the 16th Aprill: before which
land. They condemning him, the duke of After the apprehension the duke, inquisi
tears. To which he replyed; “My lord of the knights and gentlemen was indicted
Norfolk, you have said as a traytor should be High Treason for certaine words spoken by
said unto, but I was never one. But, my lords, the said duke Blechingly Surrey, George
I nothing malign for what you have done to Nevill lord Burgaveny, and therewith was the
me; but the eternal God forgive you my death, same lord attached for concealement, and so
and I do. I shall never sue to the king for likewise was the lord Montague, and both con
life: howbeit, he is a gracious prince, and more veied the Tower: and sir Edward Nevill
grace may come from him, than I desire. And brother the said lord Burgaveny was for so I desire you, my lords, and my fellows, bidden the kings presence.
pray for me. ’ Whereupon was brought Moreover, the Guildhall London, be back the Tower; where all the favour re fore John Bruge knight, then maior the ceived was message from the king, declaring same city, inquest, the said duke was in his Sentence was mitigated far, that, instead dicted divers points high treason, the
receiving the death Traytor, should same inditement (which have seene and read) have only his head cut off. Thus ended the appeareth, inferring, that the said duke in duke Buckingham (May 17), much lamented tending exalt himselfe, and usurpe the
the people, (who libelled the cardinal for crowne, the royall power, and dignity the calling him Carnificis filium, Son Butcher,) realme England, and deprive the king being thought rather criminal through folly thereof, that hee the sayde duke might take and rash words, than any intention declared upon him the same against his allegeance, had
overt-act against the king's person; and there the tenth day March, the second yeere of
fore not uncapable his mercy; which also was thought would not have been denyed, had
sued for fitting terms. But since his arraignment, did, were, disclaim his
the kings raigne and divers times before, and after, imagined and compassed the kings death
and destruction London, and Thornebury the county Glocester: and for the accom life, would not obtrude it; and therefore plishment the wicked intent and purpose, the
only caused letter comfort written 24th Aprill, the fourth yeere the kings the dutchess, and lord Stafford. Yet the tra raygne, sent one his chaplaines called John gedy ended not so; for though George lord Court, unto the priory Henton So Abergavenny, after few months imprisonment, mersetshire, which was an house Carthusian was, through the king's favour, delivered; yet monkes, there
"Hopkins, after serious repentance that had
been author much mischief, dyed
grief. And here must observe, that together
with this duke, that great place high-con happen concerning this matter, which had stable England remains extinguished, unless
some extraordinary occasion revive
[Lord Herbert's statement the effect the Indictment, not being nearly full Stowe's,
and there being also some further particulars
his words any manner person, but onely the duke his master, there with declared that
master the said duke should have all, willing
understand one Nicholas the same house (who was
Hopkins, monke
vainely reputed
foreknowledge things come) what should
way revelation have
imagined which inonke, causing the said Court first sweare unto him, not disclose
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293] STATE TRIALS, 13 HENRY VIII. 1522–Duke of Buckingham, for Treason. [204
him for the accomplishment of his purpose to seeke to winne the favour of the people. De la Court came backe with this answere, and told it to the duke at Thornebury the morrow after, being the 25th of Aprill. And on the 22 of July the same fourth yeere, the duke sent the saine de la Court with letters unto the saide monke, to understand of him further of such matters, and the monke told to him againe for answere, that the duke should have all : and beelng asked as well now as before at the first time, how he knew this to bee true, he saide by the grace of God, and with this answere de la Court now also returning, declared the same unto the duke, on the 24. of July at Thornebury aforesaid. Moreover, the saide duke sent the same de la Court againe unto the said monke with his letters the 26. of Aprill, in the 5. yeere of the kings raigne, when the king was to take his journey into France, requiring to understand what should become of these warres, and whe
ther the Scottish king should in the kings ab sence invade this realme or not. The monke
among other things, for answere of these letters,
sent the duke word that the king should have accustomed to have, to the end they might bee no issue male. Againe, the said duke the 20 assistant to him under colour of offices, to bring day of Feb. in the 6. yeere of the kings raigne, his evill purpose to passe. Moreover, the same being at Thornebury, spake these words unto duke sent to the king the tenth daye of May, Ralph earle of Westmerland : Well, there are in the ninth yeere of his raigne, for licence to two dukes created in England, but if ought but retaine any of the kings subjects, whom it good come to the king, the duke of Buckingham should please him, dwelling within the shires should be next in blood to succeede to the of Hereford, Gloucester, and Somersetshire: crowne. After this the said duke on the 16. and also, that he might at his pleasure convey day of Aprill, in the said sixt yeere of the kings divers armours, and habilements for warre into
raigne, went in person unto the priory of Hen Wales, to the intent to use the same against ton, and there had conference with the foresaid the king, for the accomplishment of his naughty monke Nicholas Hopkins, who told him, that purpose, which was to destroy the king, and to hee should bee king; whereunto the duke said, usurpe the roial government and power to him that if it chanced, hee would shew himselfe a selfe: which suite for licence to have retayners,
just and right wise prince. The monke also and to convey such armours and habilements told the duke that he knew this by revelation, of war, the said Gilbert the 20th of May, in and willed him in any wise to procure the love the sayde ninth yeere, and divers other dayes
of the commons, the better to attayne his purpo sed intention. The duke the same time gave, and promised to give yeerely unto the saide
before and after at London, and East Greene wich did follow, labouring earnestly, both to the king and counsell, for obtaining of the same.
priory 6. pound, there with to buy a tunne of And the 20th of July, in the said ninth yeere, wine : and further promised to give unto the the saide duke sent the said Gilbert unto Hen
said priory in ready money twenty pounds, ton aforesaide, to understand of the aforesaid whereof ten pounds he gave in hand, towards the monke Nicholas Hopkins what hee heard of
conveying the water unto the house by conduit. hin ; and the monke sent him word, that be And to the saide monke Nicholas Hopkins, he fore Christmas next there should be a change, gave at that present in reward three pound, and that the duke should have the rule and go and at one other time forty shillings, and at vernment of England. And moreover, the another time a marke, and at another time sixe 20th Febrnary, the 11th yeere the shillings and eight-pence. After this, on the 20 kings raigne, Blechingly Surrey, the sayde day of March, in the tenth yeere of the kings duke sayde unto the saide Robert Gilbert his
. . .
soones had conference with the saide monke, to time more convenient atchieve his purpose,
raigne, he came to the same priory, and est
that did expect and tarry for
bee more fully informed by him in the matters and that might easily bee done, the nobles above specified, at what time the monke also the realme would declare their mindes toge told him that he should be king, and the duke ther but some then mistrusted and feared in talke tolde the monke, that he had done very shew their mindes. Ilee sayde further the well to binde his chaplaine John de la Court, same time unto the saide Robert Gilbert, that under the seale of confession, to keepe secret whatsoever was done the kings father, was such matters, for if the king should come to done wrong; and still the duke murutured knowledge thereof, it would be his destruction. against that the king then presently raigning Likewise the twentieth day of October, in the did. And further said, that knew lim
*
seventh yeere of the kings raigne, and at divers other times, as well before as after, the said duke had sent his chancellor Robert Gilbert, chaplaine, unto London, there to buy certaine clothes of golde, silver, and velvets, every time so much as amounted to the value of three hundred pound, to the intent, that the saide duke unight bestow the same, as well upon knights, esquires, and gentlemen of the king's house, and yeomen of his gard, as upon other the king's subjects, to winne their favours and friendships to assist him in his evill purpose: which clothes the saide Gilbert did buy, and brought the same to the said duke, who on the 20th day of January in the saide seventh yeere, and divers other dayes and yeere, be fore and after, did distribute, and give the same to certaine of the kings subjects, for the pur
pose before recited.
so
the saide duke the tenth of July, in the tenth yecre of
the king's raigne, and divers other dayes and times, as well before as after, did constitute more severall and particular offices in his cas tles, honors, lordships, and lands, than hee was
; all
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205)
STATE TRIALS, 13 HENRY VIII. 1522. -Trial of the [206
selfc to be so wicked a sinner, that hee wanted and my blood should prosper and have the rule Gods favour, and therefore he knew, that what the realine England. Then said Charles soever he tooke in hand against the king had Knever, the monke may deceived through the worse successe. And furthermore, the illusion the devil, and that was evill saide duke (to alienate the king's subjects meddle with such matters. Well, said the mindes from dutifull obedience, towards him duke, cannot hurt me, and the duke and his heires, the 20th of September, in the seemed rejoyce the monkes words. And 1st yeere of his raigne) beeing then at London, further, the same time the duke told the said
reported to Robert Gilbert, that he had a cer taine writing, sealed with the kings great seale,
comprehending a certaine act of parliament, in the which it was enacted, that the duke of Somerset, one of the kings progenitors, was made legitimate. And further, that the said duke meant to have delivered the same writing
Charles, that the king had miscarryed now his last sicknes, hee would have chopped off the heads the cardinall, sir Thomas Lovell
knight, and others; and also said, that
had rather die for than bee used he had beene. Moreover, the 10th September
king Henry 7th, Blechingly
. . . i
And furthermore the same duke the 4th of
November, in the 11th yeere of the kings
raygne, at East Greenewich in the county of
Kent, said unto one Charles Knevet, esquire,
after the king had reprooved the duke for re
tayning William Bulmer knight unto his ser
vice, that if he had perceived that he should
have bin committed to the Tower, as he doubt
ed he should have beene, he would have so
wrought, that the principall doers therein
should not have had cause of great rejoycing,
for he would have played the part, which his
father intended to have put in practise against guilty.
king Richard the 3rd at Salisbury, who made On the 13th May, the said duke was brought
unto the but (said he] I would
the county
not
gallery
lord Burgaveny, the duke murmuring against the kings counsellors, and their government, said unto the said George that the king died,
had so done for ten thousand
pounds.
the
there with
George knight, Nevill
earnest suit to have come to the presence of the same king Richard, which suite if hee might have obtained, he having a knife secretly about
him, would have thrust it into the body of king
Richard, as he had semblance to kneele downe
before him : and in speaking these words, he There were also appointed peeres and maliciously laid his hand upon his dagger, and judges upon the duke Buckingham, the duke
said, that if he were so evill used, he would
doe his best to accomplish his pretended pur
pose, swearing to confirme his word, by the
blood of our Lord. And beside all this," the
same duke the 10th of May, in the 12th yeere
of the kings raigne at London, in a place called made within the hall Westminster scaffold the Rose, within the parish of St. Laurence for these lords, and presence for the judge Poultney, iu Canwike-street ward, demanded railed, and counter-railed about, and barred
of the said Charles Knevet, esq. what was the talke amongst the Londoners, concerning the
kings journey beyond the seas: and the said
with degrees. When the lords had taken their place, the duke was brought the barre, and upon his arraignement pleaded not guilty, and
Charles told him, that many stoode in doubt put himselfe upon his peeres. Then was the
of the journey, lest the Frenchmen meant some indictement read, which the duke denyed
deceit towards the king: whereunto the duke bee true, and (as was eloquent man) al
answered, it was to be feared lest it would leaged reasons falsifie the indictement, very
come to passe, according to the words of an pithily. The kings attorney against the dukes
chanter-house monke, that divers times hath
sent to mee, willing mee to send unto him my chancellor, and I did send unto him J. de la
Court my chaplain, unto whom hee would not declare any thing, till de la Court had sworne unto him to keepe things secret, and
creature living what he-should heare
him, except were me; and the said monke
told Court, that neither the king nor his would have covered. But the depositions be heires should prosper, and that should endea ing read, and the deponents delivered pri vour myselfe purchase the good wils the soners the officers the Tower, finally soinmunality England, for (the same duke) was found guilty peeres, and having
holy monke: for there is (saith be) a certaine reasons, alleaged the examinations, confessions
the said 11th yeere
this kings raigne, Surrey, walking
would have the rule the realme spite
whosoever said the contrary, and withall said, that the said lord Burgavenny would say, that the duke had spoken such words, hee would fight with him, and lay his sword upon his pate, and this bound with many great oaths. —These were the points and articles comprised the indictment, and laid his charge, whereof was the inquest found
from the Tower water unto Westminster hall, before the duke Norfolke high steward England, accomplish the high appeale
the peere peeres the realme, and dis
cerne and judge the cause the peeres.
Suffolke, the marques Dorset, the earles Worcester, Devonshire, Essex, Shrewsbury, Kent, Oxford, and Darby, the lords Johns,
Ware, Fitz Waren, Willoughby, Brooke, Cobham, Herbert, and Morley. There was
and proofes witnesses. The duke desired the witnesses might brought forth and then came before him Charles Knevet, sir Gil bert Perke his chancellor, John de Court his confessor, and Nicholas Hopkins the monke
Henton, that had fed his humour with vaine speeches: divers presumptions and accusations
were laid him Charles Knevet, which hee
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297] STATE TRIALS, 13 HENRY VIII. 1522–Duke of Buckingham, for Treason. [298
judgement to suffer as in case of treason is used, was led againe to his barge, and so con veyed by water, to the Temple staires, where
and detestable treason and offences, God
forbid they should. God save the King. "
be remembred, that Somerset Herault
was the roode loft behind the hachments of the saide duke Edward: and when Gartar spake these words, ‘expelled and put from the arines,' then the saide Somerset violently cast downe into the quire, his creast, his banner, and sword. And when the publication was all done, the officers armes spurned the saide
he was set a land, and from thence by land through London to the Tower with the axe afore him, Williain Sands having him
the right arme, and Nicholas Vaux the left arme. And the 17th May, being the Fryday before Whitsunday, was delivered
the sheriffes London, who led him scaffold on the Tower-hill, about clocke, and there he was beheaded,
the
the hachment with their feete out the quire into
the the peo ple; his body with the head was borne the
the body the church, first the sword, and then the banner, and then was the creast spurned out the said quire through the
presence Thomas Lovel and
fryers Augustines their church, and there church out the west doore, and the
buried the chappell church for the close. And now followeth the publication the dis
grading the saide Edward late duke Buckingham, knight, and companion the
most noble order St. George, named the Gartar, which was read and published Gar tar king armes, the feast Saint George,
bridge, where was spurned over into the ditch. And thus was the said Edward late duke Buckingham fully disgraded the order Saint George, named the Gartar.
[“It well known that, the Attainder the duke Buckingham, the subject the pre ceding Trial, the great office high constable, which was hereditary his family, reverted
the quire Windsore-Colledge, standing
the high pase the dexe, the other officers
of armes about him, there being also present
the lord marques Dorset knight the same mant, except when granted for particular order, then being the kings deputy for the feast, occasions, such coronation, and the the earle Essex, the earle Wilshire, the holding court the high constable. earle Kent, sir Thomas Lovel, and the lord See Hollingsh. 365. Co. Lit. 165, Keilw.
Ware, knights the said order, with great
170. Dy. 285. and the 2nd volume Hearne's Antiquarian discourses. The execution the duke Buckingham was soon after followed with parliamentary at
audience assembled there the thirteene yeere yeere Christ, 1521.
the eight June, Henry the eight, the
the crown, and has ever since rested dor
“Bee knowne unto all men, that whereas
Edward late duke Buckingham, knight and very obvious; unless indeed this sanction
companion the noble order Saint George, named the Gartar, hath lately done and com
mitted high treason against the king our sove raigne lord, and soveraigne the saide order the Gartar, compassing and imagining the destruction the most noble person our said soveraigne lord the king contrary his
was added, that the two houses might have their share of the odium of his death with
the king, his then minister cardinal Wolsey,
Proc. cv. and the private acts VIII. Parl. Hist. 37. Dugdale's Baron. 170. However, some mercy was shewn the high treason the said Edward hath bin indicted, duke's family. The same parliament made
oath and due allegeance, and for the which
arraigned, convicted, and attainted, for the which detestable offence and high treason, the saide Edward hath deserved bee disgraded
the said noble order, and expelled out the
saide company, and not worthy that his armes, estates. Ro. Parl. Journ. Dom. Proc.
ensignes, and hachments should remaine among other noble ensignes the other noble, ver tuous, and approoved knights the said noble order, nor have the benefit the said noble order: wherefore onr said soveraigme lord the king, soveraigue the said noble order Saint George, named the Gartar, the advice of the other knights the said noble order, for his saide offences, and committing the
said high treason, willeth and commandeth
that the said Edward duke Buckingham
disgraded the said noble order, and his ment Edward the same Henry Stafford armes, ensignes, and hachments cleerely ex was restored blood, far take the pelled, and put from among the armes, en barony Stafford, one the family ho signes, and hachments the other noble nours. ” Journ. Dom. Proc, 305, 522. knights the saide order, the intent, that Hargrave.
other noble men thereby may take ensample
hereaster, not committe any such haynous
tainder him the reason which not
and the particular peers, whom the duke was condemned. Ro. Parl. Journ. Dom.
provision for his duchess for her life; and also confirmed grant from the king Henry, the duke's eldest son, and his issue
cxxxii, cxxxiv. Sir William Dugdale calls the last act restitution blood, except honours and lands; but improperly, the re cord shewing, that was simply act
confirm grant from the crown, part
the duke's real property. Dugd. Baron.
171. The king also few years afterwards
extended his bounty the same Henry,
his wife Ursula, some the forfeited
granting him some more the late duke's possessions, particularly the castle and manor
Stafford. Ibid. Further, the first parlia
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209] STATE TRIALs, 10 Hrsmy VIII. 1528–Proceeding relating to [300
28. Proceedings relating
the Dissolution the Marriage be VIII. and CATH ARINE Arragon: 1528. [Lord Herbert's Life and Reign Kennett's Compl. Hist. 98. Cobb. Parl.
tween King 19 Hen. VIII. Hen. VIII,
Hist. 507. ]
HENRY
OUR king had now for many years enjoyed least until himself had look'd further into the
the vertuous queen Katherine, without that ei business. which certainly his intentions ther scruple the validity their Match, privately were procecd; for besides his dis
outward note unkindness had past betwixt patching his secretary William Knight, doctor them. Nevertheless, as, presently after the law, Rome, (whom yet commanded
birth the princess 1515-16, (who alone advise with our cardinal the way, being
all their children survived), Luther and others then France,) took information some
controverted the authority and extent the times about his present condition, and some
Papal jurisdiction, this kingdom, the dis times probable also) about such ladies
pensation Julius for the aforesaid Marri might furnish him choice for genial, and age being privately questioned, many our second bed. In which number the dutchess of
Alanzon, sister Francis, the first find mention'd, whose picture (as Hall saith) was
sent over, about this time. Neither did the cardinal, being certifica these passages, ouit comply least appearance with him, and
therefore writ the king, that the best way obtain his desire, was, tell the emperor
plainly, that, Unless set the pope free,' (at this time prison) would proceed the
learned men concluded
case prohibited Jure Divino, and therefore
indispensable. This again, whispered the ears many, begot such muttering, being brought the king, made him think what was do. For though knew that koep
ing the succession doubtful was one the arts which princes conserve themselves, yet, desire have posterity, which might
succeed him the crown, prevailed over other considerations, resolved clear this
Divorce upon his own, and his Clergies autho
void, being granted
rity. ” After which, sent for John Clark, oint fitting degrees; and the rather, bishop Bath, (then resident ambassador
that knew the same objections had been made (though wrongfully) Edward and
France) and commended him the king, person whom might discover himself; and, together, delivered his opinion: That because the party would appeal, the business could not determin'd England, unless the Pope would give him absolute authority, omnibus casibus Minute whereof sent
Rome, have seen. ) That she should persuaded, ingressum religionis. And,
his children. And certainly (as many circumstances,)
appears was
the
beginning, much could,
the princess his daughter. that, although the bishop Tarbe (being sent Francis
1527, conclude the alternative formerly set down,) did object openly against her legitima tion, being got the king upon his brother's wife, did not much move him. But, seeing now grown publick doubt, thought
more notorious than could supprest. Neither
relates) was secretly fomented Longland bishop Lincoln (his majesties Confessor,)
did believe that Charles would
scandalized since, avoid the Treaty Windsor, himself had alledged some things this purpose. All which again (as Polydore
bishop Woolsey), the king reply'd, “My lord Bath, the Bull good, naught;
favour
greatly
lastly, neither those could effected, should thought Quid posset clam fieri quoad forum conscientia Concerning which points, the bishop Bath return speak ing (as find Original from the said
for ine. ” Whereupon, the Bishop represented, the instigation the cardinal; who both That the Pope's captivity hindered suits
hated the emperor, and was averse from the queen, reason her reproving his loose,
aud inordinate life. Though (whatever Poly dore saith,) will appear hereafter, that Wool
sey indeavoured not, finally, the Divorce. Howsoever, some all these causes, the king was much perplext, knowing how decply this affair concerned himself, his pos terity, and kingdom. And because was easie collect what consequence any rumor
this kind might be, not only sent our ambassadors Spain, said before,
lence the noise thereof, but used means pos sible both appease those violent jealousies the “ueen had conceiv'd, and satisfie his people,
that court, and, howsoever, that the process would slow, could not determined
seven years. Besides, that there must three distinct Sentences given three divers judges, the two last chosen for the adverse party. Lastly, that after this, the
Sentence may recalled; Quia sententia contra matrimonium, nunquam transit rem
judicatum adding, conclusion, the knot the business, that the party would Appeal. To which the king answered, “He thought she
would not appeal from the archbishop Can terbury, and the bishops Rochester, Ely and London: for the tediousness the suit, since had patience cighteen years, that
naught, let declar'd, and be
good, shall never broken by-ways'
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301) STATE TRIALS, 19 Henry VIII. 1528. -Divorce of Catharine of Arragon. [302
would stay yet four or five more; since the that, what wisdom piety soever our king
opinion of all the clerks of his kingdom, besides
two, were lately declared for him; adding, that
he had studied the matter himself, and written
of and that found was unlawful, jure
divino, and undispensable. ' Businesses stand
ing thus, and probability the queen's doctor Knight's from Orvieto) not grant any fruitfulness since the princess Mary’s birth, Act concerning the Divorce, nor much appearing; and the rather, that Spanish women suffer the cause heard before any judge
many our king's dominions. find also the children; he resolves have recourse the sane letter that Lorenzo Pucci, cardinal Sanc Pope; comforting himself, for the rest, that un Quatuor, being chosen the pope for these dispatching our king's businesses, had told doc inconveniences, than the obtaining Dispen tor Knight, that the Commission penn'd here sation dissolve that Mārriage, which dis England, the Popes signing, might not pensation only had first made. He knew pass, but that had minuted another, which
are observed seldom mothers
other difficulty appeared
"o",
the same key that lockt, could unlock. There the pope (though with some reluctation) had fore thought send Rome, both granted earnestly intreating our king never represent the dangerous condition himself, theless, not put execution, till the his issue and kingdom, and solicite the pope Spaniards and Almains were gone out Italy, for licence marry another. And the ra and himselflest his full liberty. To confirm ther, for that many circumstances had made which grant also, the same doctor Knight,
i.