No More Learning

Palmer deposed,
any his privy-counsellors, well known That was busy thrusting sir Tho
your honours, who have been sent upon mas's books into sack, that took no notice other account several times his majesty of their talk. ” And sir R. Southwell likewise
take care conveying his books away, gave ear their discourse. ’
asserted, but only cases put without any Charge the Jury. Whether
offensive circumstances; cannot justice challenged any the pannel, when they were said, that they were spoke maliciously, and returned serve, does not appear; but the where there no malice, there no offence. twelve persons whose Verdict his life now Besides, my lords, cannot think many re depended, were these Thomas Palmer, knt. werend bishops, many honourably person sir Tho. Peirt, knt. George Lovell, esq. Tho. ages, and many virtuous and learned men, Burbage, esq. Geoffry Chamber, Edw. Stock
proceed judg
me the Tower. refer
ments, my lords, whether this can seem credi ble any your lordships. -But supposing
your judg swore, “That because his business was only
what Mr. Rich has swore should be true, see
ing the words were spoke familiar and pri own Defence, the discrediting vate conversation, and that there was nothing Evidence; the Judge proceeded
Sir Thomas having urged other reasons his Mr. Rich's
give the
Thomas had
whom the parliament consisted the enact more, Jasper Leake, Wm. Browne, Tho. Bil ing that law, ever meant have any man lington, John Parnel, Rd. Bellaine, George punished with death, whom Malice could Stoakes, gents.
be found, taking the word Malitia for Malevo Now the Jury having withdrawn, scarce tentia; for Malitia taken general were out quarter hour before they re signification for any crime, there man can turned with their Verdict, which they found be free wherefore this word Maliciously the prisoner Guilty; upon which the lord chan far significant this Statute, the word For cellor, chief the Commission for this
cible that Forcible Entry; for that Trial, immediately began
case any enter peaceably, and puts his ad ment: which sir
versary out forcibly, offence; but enters forcibly, shall punished that Statute. —Besides, the unspeakable good ness his majesty towards me, who has becn
said
lord, who has dearly loved and trusted me, even from my first entrance into his royal ser vice, vouchsafing honour me with the dig
hereupon stopping his sentence, wherein had already proceeded part, asked Thomas. ‘What was able say the contrary
#. bim, ‘My lord, when
observing,
was concerned the
law, the practice such cases was ask the prisoner before Sentence, whether had any thing offer why Judgment should not pro
many ways my singular good and gracious nounced against him. ’ The lord chancellor
nity being one his privy-council, and has who presently made Answer these words:-
most generously promoted me offices great reputation and honour, and lastly that
lord high-chancellor, which honour never did any layman before, the same being the highest dignity this famous kingdom, and next the king's royal person, far beyond my merits and qualifications; honouring and exalting me his incomparable benignity, for these twenty years and upwards, heaping con tinual favours upon me and now last, my own humble request, giving me liberty dedicate the remainder Iny life the service
God for the better saving my soul, has been pieased discharge and free me from that weighty dignity; before which had still heaped more and more honours upon me: say, this his majesty's bounty, long and
plentifully conseried upon me, enough, my opinion, invalidate the scandalous accu
sation injuriously surmized and urged this man against me. '
‘For much as, my lords, this Indictment grounded upon act parliament, directly re- pugnant the laws God and Holy Church, the supreme government which,
art thereof, aw presume right belongs
temporal person may any take upon him, being what
the See Rome, which
special prerogative was granted the mout
our Saviour Christ himself St. Peter, and
the bishops Rome his successors only, whilst lived, and was personally present here
earth: therefore, amongst Catholic Christ ians, insufficient law, charge any Christian obey it. ’ And order the proof his
assertion, declared among other, things, That whereas this kingdom alone being but one member, and simall part the Church,
was not make particular law disagreeing
with the general law Christ's universal Ca tholic Church, more than the city London,
being but one member respect the whole
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393] STATE TRIALs, 26 Henry VIII. 1535–for Irgh Treason. [394
kingdom, might enact a law against an act of from thence drawn hurdle through the parliament, to be binding to the whole realm ; “city London Tyburn, there hanged so he shewed farther, That law was even con ‘till he should be half dead; that then he trary to the laws and statutes of the kingdom, “should cut down alive, his privy parts cut yet unrepealed, as might evidently be seen by “off, his belly ripped, his bowels burnt, his four Magna Charta, wherein are these words; Ec “quarters set over four gates the city, clesia Anglicana libera sit, & habeat omnia jura ‘and his head upon London-Bridge. ’
This was the Judgment pronounced upon this great man, who had deserved well both the king and kingdom, and for which Paulus prince, always take with great solemnity, at Jovius calls king Henry another Phalaris. their coronations. So great was Thomas's This scvere Sentence was afterwards, the zeal, that further alledged, that was worse king's pardon, changed beheading, because the kingdom England refuse obedience had borne the greatest office the kingdom; the See Rome, than for any child which mercy the king's, word being his natural parent: for St. Paul said the brought Thomas, merrily said, “God
received Sentence Death, spake thus with resolute and sedate aspect: “Well, seeing am condemned, God knows how justly, will freely speak for the disburdening my consci
integra, & libertates suas illaesas : and it is con trary also to that sacred Oath which the king's majesty himself, and every other Christian
Corinthians, have regenerated you, my forbid the king should use any more such mercy
children, Christ:" might that worthy Pope IRome, St. Gregory the Great, say
Englishmen, “Ye are my Children, because have given you everlasting Salvation for
St. Augustine and his followers, his immediate messengers, England first received the Chris tian faith, which far higher and better inhe
any my friends, and
bless
my
ence, what think this law. When per-> ritance than any carnal father can leave his ceived was the king's pleasure list out children: for son only generation, we from whence the Pope's authority was derived, are regeneration made the spiritual children confess studyed seven years together find
č.
posterity from such pardons. ” When had
Christ and the Pope. ” out the truth and could not meet with
f Here the Lord Chancellor took him up, and the works any one doctor, approved the
*said: “That seeing the bishops, Universities, Church, that avouch layman was,
and the most learned men the kingdom had could be the Head of the Church. ”
every
agreed that Act, was much wondered that Chancellor. “Would you esteemed wiser,
alone should stiffly stickle, and vehe or have sincerer conscience than all the mently argue there against it. ’ His Answer bishops, learned doctors, nobility and commons
was, “That the
Universities were
seemed make
reason why that thing should make any change hundred Holy and Catholick bishops for my
ofthis realm
number Bishops and
material his lordship More. am able produce against one
then, my lord, see bishop which you can produce your side,
my conscience for doubt not, but the
learned and virtuous men now alive, do not
speak only this realm, but Christen
dom, there are ten one my mind this
matter; but should take notice those
learned doctors and virtuous fathers that are
already dead, many whom are saints hea necessity the cause obliges me for ven, am sure there are far more, who all the the discharge my conscience and call while they lived thought his case God witness, that nothing but this has ex now. And therefore, my lord, not think cited me to it. ’
myself bound conform my conscience the After this the Judges kindly offering him their counsel one kingdom, against the general favourable audience had any thing else
consent of all Christendom. ”
Here seems the Lord Chancellor not will
say answered most mildly and charitably, have more say, but that the blessed Apostle St. Paul, we read the Acts the
ing take the whole load his condemnation
upon himself, asked open court the advice Apostles, was present, and consenting
the sir John Fitz-James, the lord chiefjustice protomartyr Stephen, keeping their clothes
England, Whether the Indictment was valid that stoned him death, and yet they are no who wisely answered thus: “My lords, all, both now holy saints heaven, and there shall St. Gillian' (for that was always his oath) continue friends eternity; verily trust,
must needs confess that the act par and shall therefore heartily pray, that albeit liament not unlawful, then the Indictment your lordships have been earth my Judges
not my conscience invalid. ” Some have condemnation, yet that may hereafter wrote, That the Lord Chancellor should here meet joyfully together Heaven our ever upon say, Quid adhuc desideramus testimonium, lasting salvation; and God preserve you, espe reus est mortis, and then presently proceeded cially my sovereign lord the king, and grant him
give Sentence this effect: ‘That should faithful counsellors. ”
London, Sir Thomas, after his Condemnation, was ‘the help William Kingston, sheriff, and conducted from the bar the Tower, axe
carried back the Tower
opinion and against one realm, the consent Christendom for thousand years. ”
Norfolk. “Sir Thomas, you shew your obsti nate and malicious mind. ”
More. “Noble sir, malice obsti nacy that makes me say this, but the just
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395] STATE TRIALs, 26 Henry VIII. 1535–Trial of Fisher, Bishop [396 being carryed before- him, with the edge to and demanded some Papers she said she had
wards him.
Sir Thomas More having remained a prisoner
in the Tower about a week after his Sentence,
left his hands, when was lord chancellor, whom said, “Good woman, have pati ence but for an hour, and the king will rid me of
on the 6th of July early in the morning, his old the care have for those Papers, and every
friendsir. Thomas Pope came to him with a thing else. ' Another woman followed him,
message from the king and council, to acquaint
him, That his Execution was appointed to be
before nine that morning. Whereupon sir
Thomas said, “He thanked him heartily for
good news. have been,’ says he, “much
obliged his majesty for the benefits and ho
nours has most bountifully conferred upon Lieutenant, ‘Pray, Sir, see me safe up and me; yet am more bound his grace my coming down, me shift for myself. ” assure you, for confining me this place, Being about speak the people, was where have had convenient place and oppor interrupted the sheriff, and thereupon he
tunity put me mind my last end.
am most bound him, that his majesty pleased rid me out the miseries this
wretched world. ” Then Thomas Pope ac
only desired the people pray for him, and bear witness he died the faith of the Catholic
Church, faithful servant both God and the king. Then kneeling, repeated the Miserere Psalm with much devotion; and rising up, the Executioner asked him forgiveness. He
quainted him, was the king's should not use many words
pleasure the place
ac kissed him, and said, “Pluck thy spirits,
execution. “Sir," said he, “you
quaint me with the king's pleasure; for had
well
man, and not afraid thine office my neck very short, take heed therefore thou strike not awry for saving thine honesty. " Lay
crying, had done her much wrong when he was lord chancellor, whom said, “I very
well remember the Cause, and were decide now, should make the same Decree. ” When he came the scaffold, seemed
ready fall; whereupon said merrily the
otherwise designed the people; but
conform myself
And beseech you, sir, you would become tioner stay till had put his beard aside, for suitor his majesty, that my daughter Mar. that had committed no Treason. Thus he garet may attend my funeral. ’ To which Pope suffered with much chearfulness; his head was replyed, That the king was willing his wife and taken off one blow, and was placed upon children, and other friends should present. London-Bridge, where having continued for
have made speech matters not, and am ready
Sir Thomas Pope being about take leave,
some months, and being about be thrown into the Thames make room for others, his daughter Margaret bought inclosed
his highness's pleasure. ing his head upon the block, bid the execu
Whereupon
could not refrain from tears.
Thomas More said, ‘Let not your spirits
cast down, for hope we shall see one another leaden box, and kept for relique.
better place, where we shall free live said, when news his death was brought and love eternal bliss. ’ And divert Pope's the king who was that time playing grief, took his urinal and shook saying tables, Anne Bullen looking on, cast his merrily, “I see no danger but that this man eye upon her, and said, “Thou art the cause may live longer, the king pleases. ”
About nine was brought out the Tower; his beard was long, his face pale and thin, and carrying red cross his hand, often lift
eyes heaven; woman meeting with him with cup wine, refused saying,
this man's death:’ and presently leaving his play betook himself his chamber, and thereupon, fell into melancholy. More's great grandson, his ‘Life,' relates that money
was miraculously supplied the purchase
his windingsheet, and that one his teeth pre served relic was miraculously converted
“Christ his Passion drank wine, but gall
and vinegar. ” Another woman came crying, into two.
31. The Trial John Fish ER, Bishop Rochester, before Com missioners Oyer and Terminer, Westminster, for High
Treason 26 Hen. VIII.
1535. [Dr. Bailey's Life
the king, made the famous visionary Elizabeth Barton, known the name the Holy Maid Kent; one whose prophe cies denounced, that, the king did not de
sist from the Divorce, but married again,
Bishop Fisher,
188. ]
[“The reverend prelate, whose Trial we now offer the reader, was one the most emi
ment sufferers the reign Henry 8th, for opposing the king's Divorce from his first
ueen, and his claim the Supremacy over the Church England. Opinions averse
that prince's views and passions, involved the bishop three different prosecutions.
not continue king more than month For this offence the bishop was in the Act for punishing Elizabeth
charge Misprision Treason, concealing the predictions against
should
after.
cluded
Barton and her accomplices; but was one
The first was
those, whom the act attainted Mispri
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397] STATE TRIALs, 20 Henry VIII. 1535–of Rochester, High Treason. [398
sion Treason only. This Act was passed Jan. 1533-4. See 25 Hen. 12. Ras
tall's edit. Stat. The same parliament:
seems
measure
deserve credit, because the hard represents the bishop have ex
perienced
passed law, which declared Henry's first what we read the trial his eminent
marriage void, confirmed his marriage with
Anna Bolloigne, made treason
say any thing derogation from the latter marriage, and required every person take an oath adhere the contents of the sta tute, making misprision treason refuse the oath. 25 Hen. 8. 22. and 26 Hen.
fellow-sufferer sir Thomas More. Nor in
these liberal and humane times can we ima
was for refusing the oath formed the Hen. that the bishop endured
cond prosecution; for that account the
and injustice. This censure more particu larly belongs the bishop's case. His crime was simply an opinion against the king's su premacy, which was urged give
nated with the bishop's life, soon followed. The statute of the 26 Hen. annexed the
title Supreme Head the Church the crown; and another statute the same parliament, was made High Treason words writing attempt depriving the
king any his titles. Hen.
and 13. The operation these two last
[.
the case was highly aggravated super
se
next parliament attainted him treason, and deprived him
shoprick. See Hen.
acts. The third prosecution, which termi this was really so, which there seems too
his trial, much resembles
gine, that many will found, however averse bigotry and superstition, who will
not concur the sentiment, that the pro ceedings against both sir Thomas and the bishop were attended with extreme cruelty
misprision
bis bi message from his sovereign, who the private same time sent promise indemnity.
much reason believe, the bishop's death was one the worst passages which polluted
the
the reign Henry;
injustice
adding insidiousness and breach faith. What idea must we form prince,
who could stoop devise such unworthy means accomplish his cruel purpose?
statutes gave the opportunity reaching the What must we think the subject, who
life the bishop, who, will appear from the following Trial, having been ensnared into denial the king's being supreme head of the church, after the accession that title, was therefore deemed come within the succeeding statute, which made treason
deny the king any his titles. —The fol lowing Trial extracted from very scarce book, which was printed 1655, with title describing the Life bishop Fisher,
by Dr. Thomas Bailey. But the real author, according bishop Tanner and others, was
could
instrument
conceive juries could
void feeling, become the such perfidy What must we
Dr. Richard Hall, who wrote several pieces from the Tower, with huge number hol
the reign Elizabeth. Tann. Bibliothec. Britannic. Hibern. voce Hall Edwardus. In
number 7049 of the Harleian MSS. at the
British Museum, there Life bishop
Fisher, which contains an account his
Trial the same words the printed life. rode part the way horseback black —It proper apprize the reader, that the cloth gown, and the rest was carried book, whence we borrow the Trial, was cer water, for that was not well able ride tainly written very zealous Roman Ca through for weaknesse. As soon was
come Westminster, was there presented
the barre before the commissioners being set ready their places against his coming,
tholic, and that on other accounts he should
be believed with caution. The writer through out strenuously supports the Pope's claim
the Supremacy. He relates very impro whose names were these Thomas Audely, bable story queen Anna Bolleyne, accus knight, lord chancellor England; Charles ing her great indignity the head duke Suffolk; Henry eatle Comberlande bishop Fisher after his execution, and Thomas earle Wiltshire; Thomas Cromwell even striking His book also full secretary; sir John Fitz-James chiefjustice miracles; one which that, though the England; John Baldwin chief justice the bishop's head was parboiled, and the wea
ther was very warm, when exhibited London-Bridge,it not only continued fourteen days without wasting, but that time daily grew much fresher, that the bishop was never seen look well. However, far as regards the relation the Trial, must be confessed, that carries with great ap pearance truth; and more especially
Common Pleas; sir Wm. Pawlet; sir Rd. Lyster chief baron the exchequer; John Port, John Spilman, and Walter Luke, late justices the King's Bench; and sir An
thony Fitzherbert one thejustices theCom
mon Pleas. Being thus presented before these commissioners, was commanded, the
name John Fisher late Rochester, clerk, otherwise called John Fisher bishop Ro
which judges and
AFTER this good bishop was recovered some better strength, the help his physi cians, and that was more able be carried abroad, was Thursday the 17th June brought the King's Bench Westminster,
the times,
Hargrave. ]
give the form and
found
colour justice such bad proceedings? ”
berts, bills, and other weapons about him, and the ax of the Tower born before him with the
edge from him, was not yet
the manner and because well recovered, that was
able walk
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599) STATE TRIALS, 26 HENRY VIII. 1535-Trial of Fisher, Bishop [400 chester, to hold up his hand, which he did, fiance had me more than any other.
with a most cheerful countenance and rare He added further, that
constancy. Then was his, Indictment read, and freely advertise
which was very long and full of words; but the that upon certificate
effect of it was thus, That he maliciously, very like retract much his former doings, treacherously, and falsely, had said these words, and make satisfaction for the same, case “The king, our sovereigne lord, is not Supreme should so advertise him. When had heard all Head in the earth of the Church of England, and this message, and considered
being read to the end, it was asked him, whe words, put him minde
ther he was guilty of this treason or no? parliament, which standing
Whereunto he pleaded, Not Guilty. Then was against them that shall directly say,
a Jury of twelve men (being free-holders of any thing that against might thereby en Middlesex) called to try this issue, whose names danger me very much, case should utter
were these : sir Hugh Vaughan knt. Walter unto him any thing that were offensive against Langford knt. Tho. Burbage, John Nudygate, the law. To that told me, that the king Wm. Browne, John Hewes, Jasper ak, willed him assure me his honour, and John Palmer, Rd. Henry Young, Henry Lodis the word king, that whatever should say man, John Elrington, and George Hevening unto him this his secret messenger, should ham, esquires. These twelve men being sworne abide danger, perill for neither that
trie whether the prisoner were guilty this any advantage should taken against me for treason no, last came forth give evi the same, no, although my words were never dence against him Mr. Rich, the secret and directly against the statute, seeing was but close messenger that passed between the king declaration my minde secretly him,
and him, have read before, who openly, the presence the judges, and the people
there assembled, deposed and swore, that heard the prisoner say plaine words, within the Tower London, that believed his conscience, and his learning assuredly knew, that the king neither was, nor right, could Supreme Head earth the church
England. When this blessed father heard the accusations of this most wretched and false
his owne person and for the messenger him selfe, gave me his faithfull promise that would never utter my words this matter
any man living, but the king alone. Now therefore, my lords, quoth he, seeing pleased the king's majesty send me thus secretly under the pretence plaine and true meaning,
know my poore advice and opinion these his weighty and great affaires, which most
gladly was and ever will willing send him methinks very hard injustice heare the messenger's accusation, and allow the
same sufficient testimony against me case of treason. ”
To this the messenger made direct answer, but (neither denying his words false, nor confessing them true) said, that whatever had said unto him the king's behalf, said
more than his majesty commanded and, said he, had said you such sort you have declared, would gladly know what dis charge this you law against majesty,
would herein frankly majesty my knowledge,
my misliking, was
little upon the new act
force doth
person, contrary mise, was not wherefore he said
his former oath and pro little astonished thereat; him this manner: “Mr.
Rich, cannot but mervaile hear you come
in, and bear witness against me these words,
knowing what secret manner you came me: but suppose said unto you, yet that saying committed treason; for upon what occasion, and for what cause might be
said, your self doth know right well; and there fore being now urged he) this occasion,
open soulewhat this matter, shall desire
my lords, and others here, take little pati for directly speaking against the statute;
elice hearing what shall say for myself. ” whereat some the Judges taking quick hold “This man' (meaning Mr. Rich) come one after another, said, That this message,
me from the king, said, secret mes promise from the king him, neither cou’d,
sage with commendations from grace, de nor did rigour the law, discharge him
claring large, what good opinion his ma but declaring his minde and conscience jesty had me, and how sorry was my against the supremacy, yea though were trouble, with many more words than are here the king's own commandment request,
needful recited, because they tended much my praise, was not onely ashamed
hear them, but also knew right well that could way deserve them. At last broke with me the matter the king's supremacy, lately granted unto him act parliament,
the which said, Although the bishops
the realme have consented, except your selfe
committed treason the statute, and nothing
can discharge him from death but the king's pardon.
This good father perceiving the small account made his words, and the favourable credit given his accuser, might then easily finde which doore the wind blew. Wherefore direct ing his speeches the lords his judges, said,
alone, and also the whole court parliament, ‘Yet pray you, lords, consider, that both spirituall and temporall, except very equity, justice, worldly honesty, and courte few; yet told me, that the king, for better ous dealing, cannot, the case standeth, be satisfaction his owne conscience, had sent directly charged there with with treason, him unto me this secret manner, know though had spoken the words indeed, the my full opinion the matter, for the great af same being not spoken maliciously, but the
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401] STATE TRIALS, 27 IIENky VIII. 1535–of Rochester, for High Treason. [402
way of advice and counsell, when it was re and profoundly uttered, and that with mer quested of me by the king himself; and that valous, couragious, and rare constancy, inso
favour the very words of the statute do give much many his hearers, yea some his ine, being made onely against such as shall Judges, lamented grievously, that their in maliciously gainsay the king's supremacy, and ward sorrow all sides was expressed the none other: wherefore, although by rigour of outward teares their eyes, perceive such law, you may take occasion this to condemn famous and reverend man danger con ne, yet I hope you cannot finde law, except denned cruell death, upon weak evi you adde rigour to that law, to cast me downe, dence given such accuser, contrary which herein I hope I have not deserved. ' To faith and promise the king himself. But which it was answered by some of the judges, pity, mercy, and right, being set aside, that the word maliciously is but a superfluous rigour, cruelty, and malice, took place; for the and void word; for if a man speak against the twelve men being shortly returned from their
king's supremacy by any manner of meanes, that consultation, Verdict was given that was speaking is to be understood, and taken in law Guilty the Treason, which although they
as maliciously. -
“My lords,” said he, “if the law be so under stood, then it is a hard exposition, and, as I
thus did, upon the menacing and threatning words the commissioners, the king's learned councell, yet was doubt, full sore against
take contrary the meaning them that their conscience, some them would after made the law. But then let me demand this report, their dying daies, onely for safety question, whether single testimony one their goods and lives, which they were well man may admitted sufficient prove me assured lose, case they had acquitted him. guilty Treason for speaking these words, After the Verdict thus given the twelve no and whether my answer, negatively, may men, the lord chancellour, commanding silence not accepted against his affirmative, my kept, said unto the prisoner this sort, availe and benefit, To that the judges ‘My lord Rochester, you have been here and lawyers answered (that being the king's arraigned High Treason, and putting your
case) rested much the conscience and dis selfe the trial twelve men, you have cretion the jury; and they upon the evi pleaded Not Guilty, and they notwithstanding dence given before them shall finde you are have found you Guilty their conscience;
either acquitted, else judgment condemned. The Jury having heard this simple evidence, departed, according the order, into secret place, there agree upon
wherefore, you have any more say for your selfe, you are now heard, else re ceive judgment according the order and course of law. ” Then said this blessed father againe, “Truly, my lord, that which have before spoken not sufficient, have more say, but onely desire Almighty God
the Verdict; but before they went from the
place, the case was aggravated them
my lord chancellour, making hainous and
dangerous treason, that they easily perceived
what verdict they must returne; otherways
heap such danger upon their owne heads,
none then were willing undergo. Some
other of the commissioners charged this most tence death upon him, manner and forme reverend man with obstinacy and singularity, following: ‘You shall led the place from alledging, that being but one man, did pre whence you came, and from thence shall
sumptuously stand against that, which was drawn through the city the place execu the great councell parliament agreed upon, tion Tyborde, where your body shall
and finally was consented unto the hanged the neck, half alive you shall cut bishops this realme, saving himselfe alone.
But that might well
answered, “That indeed accounted singular, alone this matter (as they said); but
down and throwne the ground, your bowels taken out your body before you, being alive, your head smitten off, and your body divided into four quarters, and after
your head and quarters set up, where the king shall appoint; and God have mercy upon
should stand
having his part the rest the bishops
Christendome, far surmounting the number
the bishops Pngland, said they could not your soule. ’
justly account him singular.
And having After the pronouncing this cruell Sen his part the Catholicks and bishops the tence, the lieutenant of the Tower, with his
world from Christ's ascension, till now, joyned band men, stood ready with the whole consent of Christ's universall him back again prison.
church, must needs account mine own part parture farre the surer: and for obstimacy, which |sioners for
likewise objected against me, have way said thus
cleare myself thereof, but my owne solemne demned before you High reason, for denial
word and promise the contrary, you please the king's Supremacy over the Church believe else, that will not serve, am England, but what order justice leave
here ready confirme the same
my oath. ' objections,
wisely
God, who the searcher both the king's
Thus, effect,
answered their
words,
majesty's conscience
and (as
yours. Nevertheless,
though WQL.
with
many
more-
both
being found
guilty
termed)
am, and -
forgive them that have thus condemned me, for think they know not what they have done. ”
Then my lord chancellour, framing himselfe solemnity countenance, proclaimed Sen
desired audience
few words, which being granted,
receive and carry Before de the commis
effect: “My lords, am here con
I. in he
I
to all on of
of
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it
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403] STATE TRIALS, 27 Hosny VIII. 1535–Trial of Fisher, Bishop [404
must be contented with that God shall send, againe, that report thou seest me yet whose will wholly referre and submit my alive, and therefore whatsoever newes thou
selfe. And now tell you more plainly my minde, touching this matter the king's Su-
shalt heare me hereafter, me more lack my dinner, but make ready thou art wont do; and thou see me dead when thou comest, then eat thy selfe: but promise thee, alive, minde, God's grace,
prelilacy, think indeed, and alwaies have
thought, and now lastly affirm that his grace
cannot justly claime any such supremacy over
the church God, now taketh upon him,
neither hath ever been seen heard of, that
any temporall prince before his daies, hath pre pecting the houre his death, the king, who sumed that dignity. Wherefore the king no lesse desired his death than himselfe looked
proceeding for caused last writ execution be this strange and unwonted case, doubt but made, and brought Edmond Walsingham shall deeply incurre the grievous displeasure lieutenant the Tower. But where his
will now adventure himselfe
§.
judgement Westminster, was condemned, have read before, drawing, hanging,
and quartering, traitors alwaies use be,
yet was spared from that cruell execu his hand: wherefore pray God his grace tion. Wherefore order was taken that he
may remember himselfe time, and hearken should led further than Tower-hill, and good counsell, for the preservation him there to have his head struck"off-After the
selfe and his realme, and the quietnesse lieutenant had received this bloody writ, he Christendome. " Which words being ended, called unto him certaine persons, whose ser
was conveyed back againe the Tower Lon vice and presence were used that bu don, part foot, and part horseback, with sinesse, commanding them ready against
number men, bearing holberts and other the next day the morning; and because that
Almighty
owne soule, and many others, and
ruine this realume, committed
the
great dammage
whereof will ensue some sharp punishment
his the utter his charge,
eat never bit the lesse.
Thus while this blessed bishop lay daily ex
weapons about him, was before his com ing arraignment: and when was come
was very late the night, and the prisoner asleep, was loath disease him his rest for that time and the morning before
the Tower-gate, turned him back his
traine that had thus conducted him forward five the clock, came him his cham
and backward, and said unto them, ‘My mas ber the Bell-tower, finding him yet asleep ters, thank you for the great labour and his bed, and waked him, shewing him that
paines you have taken with me this day: am not able give you any thing recompence,
for have nothing lest; and therefore pray
was come him message from the king;
and after some circumstance used with per swasion that he should remember himself to be
old man, and that for age could not, by course nature, live long told him last, countenance, and with fresh and that was come signifie unto him, that the
you accept
And this
amiable
lively colour, seemed rather have king's pleasure was should suffer death that come from some great feast, banquet, than forenoone. Well, quoth this blessed father, from arraignment, shewing his ges this your errand, you bring me great ture and outward countenance, nothing else
he
before, appeared
which well
And death,
good part my hearty thanks. ” spake with lusty courage,
but joy and gladnesse. - Thus being after his condemnation, the space three four daies, his prison, occupied
newes, for have long time looked for this mes sage, most humbly thank his majesty, that
himselfe continual prayer most fervently;
you your also for
tidings. But pray you, Mr. Lieutenant, said and although looked daily for death, yet he, when mine houre that must hence
could not have perceived him one whit Your houre, said the lieutenant, must be nine
dismayed thereat, neither word nor counte nance, but still continued his former trade constancy and patience, and that rather with
cheere and free minde than ever
the clock. And what houre now, said now about five, said the lieutenant.
more
houre night:
for yet
truth,
id
sleep
little this
not for any feare
two,
have
you
thank God, but
joyfull
Well then, said he, let me
your patience,
slept very
little
! .
usinesse and thank
tell
rise sodainely among the peo reason great infirmity and weaknesse.
done this chance that
false rumour that
dinner was wont doe: Sir, said the neither the king, nor any man else, shall have cook, was commonly talked the towne occasion mislike my words. With which
over, that you should have died that day, and answer the lieutenant departed from him; and therefore thought but vaine dresse any the prisoner falling againe rest, slept
thing for you. Well, said merrily unto him soundly two houres and more. And after
will tell you there hapned
should brought his execution The king's further pleasure
day; whereupon cook, nant, you . . "speech
certain
went dress his dinner, and carry daily unto may be, especially any thing
him, hearing, among others, his execution, jesty, whereby the people should have dressed him dinner that day; where cause think him proceedings other fore the cook's next repaire unto him, de wise than well. For that, said he, you shall manded the cause why brought him not his see me older myself, as, God's grace,
his that was that should use
his ma any
him rid me from this worldly
the
said the lieute
[.
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405] STATE TRIALS, 27 HENRY VIII. 1535. -qf Rochester, for High Treason. [400
was waked, he called to his man to help him ram, opus consummavi quod dedistinthi fu. up : but first ofall he commanded him to take ciam nunc clarifica me, Pater, apud away the shirt of haire (which accustomably temet ipsum claritate quam hubut priusquam, he wore on his back) and to convey it privily &c. and with that shut the book together, out of the house, and instead thereof to lay and said, “Here even learning enough for him forth a clean white shirt, and the best me my live's end. ' And the sheritis being aparrell had, cleanly brushed may be: ready for him, was taken again among and was arraying himselfe, his man per certain the sheriffs men, with new and ceiving him more curiosity and care for the much greater company weapons than was fine and cleanly wearing his aparrell that before, and carried the scatiold the day, than ever was wont before, demand Tower-hill, otherwise called East-Smithfield,
him what this sodain change meant, say himselfe praying the way, and recording
ing that his lordship knew well enough must upon the words which before had read; and off againe within two houres, and lose when he was come the foot the scaffold,
What that, said Doest thou not they that carried him offered help him mark, that this our marriage-day, and that the staires. But then said he, Nay, masters, behoveth us therefore use more cleanli seeing am come farre, me alone, and
nesse for solemnity the marriage-sake shall see me shift for myself well enough;
About nine of the clock the lieutenant came and went
the staires without any helpe, was merveile them that debility and weaknesse; but
againe his prisoner, and finding him almost
ready, said that was come now for him. will wait upon you straight, said he, fast
lively, that knew before
was mounting the staires, the south this thin body mine will give me leave. east sun shining very bright face, where
Then said his unan, Reach me my furred tippet put about my neck. my lord,
said the lieutenant, what need you care full for your health for this little time, being, your self knoweth, not much above houre?
upon said himselfe these words, listing his hands, Accedite eun, illuminamino,
think but yet
otherwise, said this blessed father, the mean time will keep myselfe
clock; where the executioner being ready
his office, kneeled downe him, the fashion and asked him forgivenesse for
can, till the very time my execu
well
tion for tell you truth, though have, thank our Lord, very good desire, and will ing minde, die this present, and trust
give thee, said with my heart, and trust thou shalt see me overcome this storine
Iustily. ” Then was his gown and tippet taken from him, and stood his doublet and hose, sight the people, whereof was small
his infinite mercy and goodnesse will
continue yet will not willingly hinder my number assembled see his execution. There
health, the mean time, one minute houre, but still prolong the same long
was seen long, lean, and slender body, having little other substance besides skin and bones, insomuch most the beholders merveiled see living man farre con sumed,
can, by . .
such reasonable waies and meanes
Almighty God hath provided for me. With that
taking little his
hand,
very image death, and were death man's shape, using
which was New Testament lying him, made crosse
for seeined
on his forehead, and went out his prison man's voice; and therefore was thought the
doore with the lieutenant, being weak that was scarce able downe staires: where
fore the staires foot was taken
chaire between two the lieutenants men,
and carried the Tower-gate, with great
number weapons about him, delivered to the sheriffs of London for execution. And
they were come the uttermost precinct the liberty the Tower, they rested there with
king was something cruell put such man death, being neere his end, and kill that which was dying already, except were
for pity sake rid him his pain.
When the innocent and holy man was some
upon the scaffold, spake the people effect followeth ‘Christian people, am come hither die for the faith Christ's holy Catholique church; and thank God hitherto
him space, such time one was sent my stomack hath served me very well there before know what readinesse the sheriffs unto, that yet have not feared death
were receive him;’ during which space rose out his chaire, and standing his feet leaned his shoulders the wall, and lifting his
eyes towards heaven, opened his little book his hand, and said, “O Lord, this the last
wherefore desire you help and assist with your prayers, that the very point and instant death's stroke, may that very moment stand stedfast, without fainting any one point the Catholique faith, free from any fear. And beseech Almighty God his in
time that ever shall open this book; some
comfortable place now chance unto me, where finite goodnesse, save the king and this
thy poore servant may glorifie thee this
my last houre; and with that, looking into the
book, the first thing that came his sight were
these words, Harc autem vita atterna, cog cheerefull countenance, such stout and con
noscant te, solun verum Deum, quem misisti stant courage, and such reverend gravity, that Jesum Christum. Ego glorificavi super ter appeared men not only void feure,
facies vestra non confundetur. By that time was upon the scaffold was about ten the
realine, and that may please him hold his hand over and send the king good councel. ’
These the like words spake, with such
te
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to of
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407] STATE TRIALs, 27 Hosny VIII. 1535. —Trial of Lord Dacres. [40s
thereat, and noted it for a miraculous thing, to heate so plain agd audible a voice coule from
but also glad of 'cath. 13esides this, he uttered hands and heart towards heaven, said few his words so distinctiy, and with so loud and prayers, which were not long, but fervent, and cleare a voice that the people were astonished devout which being ended, laid his head
so weak and sickly an old body; for the
youngest man in that presence, being in good
and perfect health, could not have spoken to
be better he and perceived, than was.
Their after these few words him uttered
kneeled down both his knees, and said cer
tain prayers, among which one was the hymn him cardinal's hat, but unseasonably, his head
Deum laudanus, Psalm Domine,
the executioner, and bound
Herbert says that “the Pope (Paul 3rd) sent the end, and the being off. ” There story, that when Henry
his eyes; and this
[“This Trial taken notice
old Chronicles, and also one
32. The Trial Treason,
WILLIAM Lord DACREs the North, for High the Court the Lord High Steward: 27. Henry
VIII.
1535.
holy
handkerchief about
father listing his his shoulders, for I'll have his head off. ”
down on the middle little block, where the executioner being ready with sharp and heavy ax cut asunder his slender neck one blow,
which bled abundantly, that many wondered see much blood issue out slender
and leane body. He was beheaded June 22, 1535, the 80th year his age. Lord
heard the Pope's intention send him hat, exclaimed, Fore God, then, shall wear
[Hall and Lord Herbert's Hen. VIII. ]
most the Treason, where the duke Norfolke sate the Har judge and high steward England. The sayd the book, lorde Dacres beyng brought the barre with
ravi. Then cane
lcian manuscripts; but Hall's from which the others transcribe.
We the re the axe the Tower before him, after his in fore present our readers with extract ditement red, not only improved the sayd indite from him, which we add one from lord ment false and maliciously devised against
Herbert's Henry the 8th, the latter more
explanatory. But both accounts are
short, that we fear they will deemed too
trivial for insertion. Against such censure, ready avouche their accusacions, that
we have only say, that the fact lord Dacres's acquittal, which was our chief in duc ment for admitting the mention this Trial into the collection. ancient times, more especially the eign Henry 8th, when, from the devastation made the civil wars amongst the ancient nobility, and other causes disturbing the balance the constitution, the influence of the crown was become exorbitant, and seems have been
its zenith, accused crime against the state and to be convicted were almost
the same thing. The one was usually cer tain consequence the other, that, exclu
sively lord 1)acres's Case the reign Henry 8th, and that Nicholas Throck morton his daughter Mary's, the examples
their great shames, and his great honor,
was found that day his peres not giltie, whiche undoubtedly the commons excedyngly
joyed and rejoysed insomuche there was the hall those woordos, Not giltie, the greatest shoute and crye joy that the like
man livyng may remembre that ever heard.
Extract from lord Herbert's Henry VIII. Kenn. Compl. Hist. 177.
The lord Dacres the north (July our historians have was arraigned Westmin ster High Treason, but the principal wit
nesses produced against him his accusers (sir Ralph Fenwick and one Musgrave) were some mean and provoked Scottish men, his
him, and answered every part and matter herin contained, but also manly, wittily, and di
rectly confuted his accusors, whiche there were
the contrary are very rare. But those peers acquitted him, believing they not only which occur ought remembered spoke maliciously, but might easily suborned justice the times they belong to, sort against him, one who (having been warden
balance for the reproach deservedly cast the Marches) frequent inroads had done upon them, for the culpable facility con much harm that country. And thus escaped demnation conspicuous most other in that lord his little honour, and his judges, stances. ” Hargrave. ]
Ertract from Hall's Hen. WIII. 225.
THE nynth day July was the lorde Dacres escape, when they obtain equal hearing.
the north arreigned Westminster High
giving example thereby how persons great quality, brought their trial, are not neces sarily condemned, but that they sometimes may
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400] STATE TRIALS, 2s IIesty VIII. 1536—Trials of Queen Anna Boleyn, &c. [410
33. The Trials of Queen ANNA BoI. EYN, and her Brother lord o viscount Rochford, for High Treason, in the Court of the Lord High Steward; and also of HENRY Norris, MARK SM Eton, WILLIAM BREREToN, and Sir FRANCIs WEston, before Commissioners of Oyer and Terminer, for the same Offence: 28 Hen. VIII. A. D. 1536. [Harleian MS. 1 Burnet's Reform. 196. 1 Strype's Memorials, 279. ]
[“ The earliest account we have of these pro lefte, the earle of Surrey, sonne of the duke of ceedings is in Hall's Chronicle; but, except Norfolke, sittinge directly before his father, a the queen's Speech at her death, it scarce degree lower, as earle marshall of England, to mentions more, than that she and the rest whome were adjoyned 26 other peeres, and were arrested, accused, tried, and executed. among them the queenes father (a ), by whome Hall's Hen. 8. fo. 227. b. Grafton copies shee was to be tryed. The king's Commission
verbatim from Hall, except omitting this cir beinge read, the accusers gave in theire Evi cumstance, that the king the day after her dence, and the Wittnesses were produced, the death wore white for mourning. Graft. 1228. queene sittinge in her chaire made for her,
Fox, in his Martyrology, is chiefly occupied
in vindicating the queen's virtue, and defend
(whether in regard of any infirmity, or out of honor permitted to the wife of the soveraigne) haveinge an excellent quick witt, and being a ready speaker, did so answeare to objections, that had the peeres given theire Verdict ac cordinge the expectacion the assembly, shee had beene acquitted but they (among whome the duke Suffolke the kings brother.
ing the succession to the crown through her.
2 Fox Martyr. ed. 1610. p. 987. In Hol
lingshead, the account is more full than Hall.
3 Hollingsh. 940. Stow, who follows next,
chiefly borrows from Hollingshead. Stow's
Chron. Howe's ed. 572. Some additional
circumstances are noticed by Speed. Speed's in-law was cheife, and wholy applyinge him
Chron. 1014. Lord Herbert is still more
particular in his narrative. Herbert's Hen.
8. in 2. Kenn. Compl. Hist. 193. There is
also a short account of this Trial amongst
the Harleian Manuscripts at the British Mu h inge burned the Tower-Greene, beheaded, seum, which seems to have been compiled his majestie his pleasure should thinke
beinge denounced the copious relations of this singular transaction, court arose, and she was conveyed back againe
out of the printed chronicles. But the most fitt. —The Sentence
are in Heylin and Burnet; more especially
the latter, who was aided not only by some original Letters, but by two other cotempo rary manuscripts of great authority, one be
ing a Common-Place-Book of judge Spel
man, the other an account by Anthony An
thony, a surveyor of the ordnance of the beinge admitted rather bec wittnesses then Tower. Heyl. Reformat. 263. 1. Burn. spectators her death, whome the queene Reform. After Burnet's book, our learned (haveinge ascended the scaffold) spake this annalist Strype, favoured the world with tnantner,
some additional matter. 1 Strype's Me “Freinds and good Christian people, am
mor. 279. What we shall lay before the
reader, will consist, first of the Harleian
Manuscript, secondly of Extracts from Bur
net, and thirdly of an Extract from Strype ;
which together will, as we apprehend, nearly
comprize every circumstance deserving of no you, more gentle mild prince never swayed
tice throughout the whole affair. ” Hargrave. ]
Ertract from Harleian Manuscript.
THOMAS duke of Norfolke, lord high stew ard of England, att the Tryall of queene Anne Boleyn, who on the 15th day of May, in the 28th yeare of the raigne of kinge Henry the eight, was arraigned in the Tower of London, on a scaffold for that purpose made in the kings hall, the duke of Norfolke sittinge under the cloath of state, the lord chauncellor on his right hand, and the duke of Suffolke on his
Septer; his bounty and clemency towards mee am sure hath beene speciall; any one in tend inquisitine survey my actions, in treate him judge favourably mee, and not
rashly admitt any censorious conceit. And soe bid the world farewell, beseeching you commend mee your prayers God. ” (b)
(a) The queen's father was not one her judges. See page 417, and the note there.
(b) Fox, Acts and Monuments, 270. gives nearly the same speech.
selfe the kings humor) pronounced her guil ty; wherev pon the duke Norfolke, bound proceed accordinge the Verdict the
peeres, condemned her death, either be
her chanber, the lody Boleyn her aunt, and the lady Kingston, wife the constable the Tower, only attendinge her. —And the 19th
May, the queene was brought the place execucion the Greene within the Tower,
some the nobility and company the cittie
here your presence suffer death, whereto acknowledge my selfe adjudged the lawe, how justly will not say intend not ac
ii. o. cusacion any one. the
Almighty preserve his majestie longe raigne over
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411] STATE TRIALS, 28 Henry VIII. 1536. -Trials of 2ween Anna Boleyn, [412
This speech shee vttered with a smylinge wife three years; but this time enter countenaunce; then kneelinge downe, with a tained secret love for Jane Seimour, who had fervent spirit said: “To Jesus Christ I com the charms both beauty and youth her Inend my soule, Lord Jesu receaue my soule;’ person; and her humour was tempered, be and repeatinge these words very often, sudden tween the severe gravity queen Katherine, ly the stroake of the sword sealed the debt that and the gay pleasantness queen Ann. The shee owed vnto death. -Nowe the court of queen, perceiving this alienation the kings England was like a stage, whereon are repre heart, used possible arts recover that af sented the vicissitudes of ever various fortunes; section, whose decay she was sadly sensible.
for within one and the same moneth, that saw But the success was quite contrary what queene Anne florishinge, accused, condemned, she designed. For the king saw her more executed, and another assumed into her place with those eyes, which she had formerly capti both of bedd and honour. The first of May, vated but grew jealous, and ascribed these
yt seemeth, shee was informed against, the se caresses
cond imprisoned, the fifteenth condemned, the which
seaventeenth deprived of her brother and one
friends, who suffered in her cause, and the reign, was more than ordinary pains nyneteenth executed. On the twentyeth the learn could concerning and have not kinge married Jane Seimour, who on the nyne only seen great many letters that were writ and twentieth was publiquely shewed queene.
those that were set about the queen, and catcht every thing that fell from her, and sent court, but have also seen an account of it, In January, 1536, the queen brought forth a which the learned Spelman, who was judge dead son. This was thought to have made that time, writ with his own hand his
Ertract from 1 Burnet's Reformation, 196. »
impressions the king and that, con Common-Place book, and another account
some other criminal affections, began suspect her. This being the most memorable passages this
writ one Anthony Anthony surveyor the ordnance of the Tower. From all which
shall give just and faithful relation with out concealing the least circumstance, that may either seem favourable or unfavourable to her.
She was very cheerful temper, which
was not always limited within the bounds exact decency and discretion. She had rallied
Smalcald, treating league with the protes some of the im. servants more than became tant princes, who insisted much the Augs her. Her brother, the lord Rochford, was her burg confession. There were many conferences friend well brother; but his spiteful wife between Fox and Dr. Barnes, and some others, was jealous him and being woman no with the Lutheran divines, for accommodating sort vertue, (as will appear afterwards ber the differences between them, and the thing serving queen Katherine Howard her beastly was good forwardness. All which was practices, for which she was attainted and exe imputed the queen. Gardiner was then cuted,) she carried many stories the king,
cluded from the death his sons the former ueen, that the marriage was displeasing
od, might upon this misfortune, begin make the like judgment this marriage. Sure enough the popish party were earnestly
set against the queen, looking her the great supporter heresie. And that time, Fox, then bishop Hereford, was Germany
ambassador France, and wrote earnestly
the king, dissuade him from entering into
any religious league with these princes: for
that would alienate the world from him, and
dispose his own subjects rebel. The king
thought the German princes and divines should which bred great suspition. Henry Norris,
have submitted things his judgment, and had such opinion his own learning, and was pust with the flattering praises that
daily heard, that grew impatient any opposition, and thought that his dictates should pass for oracles. And because the Germans would not receive them so, his mind was alien ated from them. —But the duke of Norfolk court, and Gardiner beyond sea, thought there might easily found mean accomodate the king, both with the emperor and the pope,
the queen were once out the way for then might freely marry any one whom
pleased, and that marriage, with the male issue
null from the beginning, could never al design whether there any truth that lowed the court Rome, any that story, the letters concerning her fall making party. With these reasons state, others mention cannot determine; for Spel affection concurred, The queen had been man makes mention and gives very
disputed whereas, long
the queen lived, her marriage, being judg course. Whether she dropt carelessly,
could not
some about him, persuade, that there was familiarity between the queen and her brother,
beyond what near relation could justifie. All that could said for was only this that was once seen leaning upon her bed,
that was groom the stole, Weston, and Bre reton, that were the kings privy-chamber, and one Mark Smeton, musician, were all observed have much her favour; and their zeal serving her was thought too warm and diligent flow from less active principle than love. Many circumstances were brought
the king, which working upon his aversion
the queen, together with his affection mistress Seimour, made him conclude her guilty.