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Howel Kyffen, John Kemp and William Carleton, doctors of the canon law; and John Witnam, Thomas Palmer, Robert Wombervel, John Withead, Robert Chamberlain, Richard Doddington, and Thomas Walden, doctors in divinity; also James Cole and John Stevens, our notaries, both called to assist, and take the Examinations, in the Trial, were all and every of them sworn upon the holy evangelists, as they would answer it to God and the world, faithfully to discharge their duty that day, in

261] STATE TRIALS, 1 HENRY V. 1413.-Sir John Oldcastle, for Heresy. September, we assembled with our brethren the bishops above-mentioned, and others of our council, and by their advice we declared to the bishops above-mention'd, with the addition, by our order and command, of our venerable brosaid sir John Oldcastle, what the holy Roman ther Benedict, by the grace of God bishop of Church, following the doctrines of St. Austin, And our counsellors and officers, St. Jerom, and St. Ambrose, and other fathers, Bangor. in these points, had determined; which deter- namely, Mr. Henry Ware, official of Canterminations all Catholicks were obliged to sub-bury; Philip Morgan, doctor of both laws; mit to. To which the said sir John gave for Answer; That he would readily assent to and observe the determinations and decisions of holy church, and all that God required him to believe and observe; but that our lord the pope, the cardinals, the archbishops, and bishops, and other prelates of the church, had power to determine such things, he would by no means affirm.' We, still patiently bearing with him, in hopes he might be better informed by mature deliberation, promised the said sir John, That certain determinations, relating to the points above-mentioned, and to which he ought to give a clearer Answer, should be translated from the Latin into English, that he might the more easily understand them, and they be published for his use. mended and affectionately entreated him to prepare and deliver in a full and clear answer to the same on Monday next following.

And we com

"And we caused these determinations to be translated the same day, and to be delivered into his own hands the next Sunday, the tenor of which determination is as follows: The faith and determination of the holy catholick church, concerning the sacrament of the altar, is this, That after consecration by a priest at mass, the substance of the bread is chang'd into the material body of Christ, and the substance of the wine into the material blood of Christ; therefore after consecration, there remaineth not any of the substance of bread and wine, which were in both before it. What Answer do you give to this Article?Also holy church hath determined, that it is the duty of every Christian living in the world, to confess his sins to a priest, ordain'd by the church, if he has the opportunity of such an one.

What are your sentiments of this Article?-Christ ordain'd St. Peter to be his vicar on earth, whose see is the church of Rome; and that all the successors of Peter, who are now called the popes of Rome, should succeed in the same power and authority with which Christ invested him; by whose special power are constituted and ordained prelates in particular churches, as archbishops, bishops, curates, and the rest of the ecclesiastical order; to which all Christians owe obedience, according to the traditions of the Roman church. This is the determination of holy church, and what is your opinion of this Article?-Besides these, the holy church hath ordain'd, that it is the indispensable duty of every Christian man to go on pilgrimage to holy places, and there to adore the sacred relicks of the apostles, martyrs, and confessors, and of all the saints in the calendar of the Roman church. How do you hold this Article ?

"On Monday the 25th of the said month of

the matter and cause above-mention'd.

"After this Robert Morley knight and lieutenant of the Tower of London, brought sir John Oldcastle into court, and set him before us: To whom we affably and courteously repeated the Proceedings of the former day, and, as before, told him, How he had been, and still stood, excommunicated; and we intreated and besought him to desire and accept of absolusion, in the usual form of the church. To which sir John then answered in these words:

That he desired no absolution from us, but only from God.'-Upon this we prayed the said sir John, with an air of kindness and concern, to give his full Answer to the Articles exhibited against him. And first we demanded what he had to say about the Sacrament of the Eucharist? To which Article, among other things he answer'd and said, That as Christ, when he liv'd upon earth, had the divine and human nature united together in him, and the divine was veil'd and cover'd under the human, and only the human visible and outward; so in the sacrament of the altar, there is the very body of Christ, and real bread too; the bread is the thing we see with our eyes, and the body of Christ, which is hidden under it, we do not see.' And the faith about this Sacrament of the Altar, express'd in the Writing which we sent to him, as determin'd by the holy Roman church and the fathers, he expressly deny'd to be the determination of the church, or, if it was the determination of the church, he asserted such determination to be made contrary to the holy scriptures, and after the church was aggrandiz'd and corrupted, and not before.

"To the Articles about Penance and Confession, he answer'd in these words: 'That if any one is so entangled in the snares of sin, that he knows not how to extricate himself, it is advisable and expedient for him to apply to some pious and discreet minister for ghostly counsel: but that he should confess his sin to his own or any other priest, tho' he had never so good an opportunity, is not at all necessary to salvation, because such a sin can be forgiven only upon contrition, and on that alone can the sinner be clear'd.'-Concerning the Adoration of the Holy Cross, he then declared

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and asserted, That the body of Christ, which hung upon the cross, ought only to be worshipp'd, because that body was and is the only adorable cross.' And being ask'd what honour he allow'd to the image of the cross? he answer'd in these express words; That to keep it clean and in his closet, was the only honour he vouchsafed it.'-As to the power of the Keys, our lord the pope, archbishops, bishops, and other prelates, he said, 'The pope and we together made up the true antichrist: the pope was the head, the archbishops, bishops, and other prelates the body and limbs, and the friars the tail of antichrist; To which pope, archbishops, and prelates, there was no obedience due, any further than they imitated Christ, and Peter, in their lives, manners, and conversation; and that he is the successor of Peter, who follows him in the purity of his life and conversation, and no other.'

"The said sir John added, addressing himself with a loud voice, and extended hands, to the people that were present: Those who sit in Judgment upon me, and are desirous to condemn me, will seduce you all, and themselves, and lead ye to Hell; take therefore good heed of them. Upon his saying this, we apply'd to the said sir John, and besought him, with tears in our eyes, and exhorted him in the most compassionate manner we could, to return to the unity of the church, to believe and embrace the faith and doctrine of holy church. To which he return'd this peremptory Answer: That he would not believe nor maintain otherwise than he had before declar'd,'

"Seeing therefore he was so harden'd in his errors, that we had no hopes of working on him to renounce them, we proceeded with regret and bitterness of heart, to pronounce the following definitive Sentence:

"In the name of God, Amen. We Thomas, by divine permission, archbishop and humble ininister of the holy church of Canterbury, primate of all England, and legate of the apostolick see: Whereas in our last convocation of the clergy of our province of Canterbury, holden in the cathedral church of saint Paul, London, after consultation upon several heretical tenets, and strict inquiry made who were the authors and abettors of the same, sir John Oldcastle, knight, and lord Cobham, was detected and presented of and for the said heresies, as having given great scandal throughout our province of Canterbury, by openly and avowedly professing the same; upon the address and representation of all the clergy in the said convocation for a process, we proceeded according to law against the said sir John, and (as God knows) with all the equity and favour that could possibly be shew'd: and, following the steps of Christ, who would not the death of a sinner, but rather that he should be converted and live,' we endeavour'd to reclaim the said sir John, and try'd all ways and means that we could devise to reduce him to the unity of the church, declaring unto him the doctrines, tenets, and determinations of the

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holy Roman and universal church, relating to those points. And tho' we found he had apostatiz'd from the catholick faith, and was so confirm'd in his error, that he would not confess it, nor clear himself of it, nor disavow it; yet forbearing him in paternál love, and out of a sincere desire of his salvation, we allow'd him a competent time for deliberation, and wherein he might repent and reform himself.— But forasmuch as we have experienced the said sir John to be incorrigible and irreclaimable, we at last with grief and heaviness of heart, in obedience to what the law requires, proceed to give sentence definitive against him--In the name of Christ, and having his honour only in view; forasmuch as we have found by divers acts done, produced, and exhibited by indications, presumptions and proofs, and many other kinds of evidence, that sir John Oldcastle knight is really and truly an heretick, and a follower of hereticks, against the faith and religion of the holy Roman and catholic church. and particularly with respect to the sacraments of the eucharist and penance; that, as a child of darkness and iniquity, he has hardened his heart to that degree, that he refuses to hear the voice of his pastor, and will not be prevailed upon by gentle monitions, nor reduc'd by soft persuasions, tho' the merits of our cause, and the demerits of his own, he had diligently canvassed and weighed, and so aggravated the wickedness of his error by his dainable obstinacy: we unwilling that he should contract further degrees of guilt, by infecting others with the contagion of heresy, by the advice and consent of men famous for discretion and wisdom, our venerable brothers, the lords, Rd. bishop of London, Henry bishop of Winchester, and Benedict bishop of Bangor, and some other doctors of divinity, and of canon and civil law, and other religious and learned persons, called to our assistance: we do peremptorily and definitively, by this present writing, judge, declare, and condemn the said sir John Oldcastle for an heretick, convicted of the detestable crime of heresy, and utterly refusing to be reconciled to the church by repentance, and an apostate from those doctrines, in the abovementioned articles especially, which the holy Koman and catholick church holds, teaches, and hath determined: and we leave him from henceforth as an heretick, to the secular Judgment.--And furthermore, we have excommunicated, and by these presents do denounce excommunicated, the said heretick, and all others who shall hereafter, in favour of his error, countenance, defend, or afford him any counsel, aid, or comfort: deeming such person or persons as 'abettors, encouragers, and defenders of hereticks.-And that these premises might be promulg'd and known to all christians, we charge and enjoin you, forasmuch as the said sir John Oldcastle was and is condemned by us for an Heretick, a Schismatick, and as erroneous in the above-mention'd articles, and also all other persons, who out of favour or affection to his error, shall hereafter counte

errores manifestos legi catholicæ repugnantes diu temerarie tenuerunt, opiniones & errores prædictos manutenere, at in facto minime perimplere valentes, quandiu regia potestas, & tam status regal' Domini no-tri Regis, quam status & officium Prælaciæ dignitatis infra regnum Angl' in prosperitate perseverarent, falso & proditorie machinando, tam statum regni, quam statum & officium prælatorum, necnon ordines religiosorum infra dictuin regnum Angl' penitus

nance, defend, or afford him any counsel, aid, or comfort, are excommunicated, as deem'd abettors, encouragers, and patrons of hereticks, according to our said definitive sentence, to give orders and directions to your priests and curates of your respective cities and dioceses, in their respective churches, when there is the greatest congregation of people, to declare, publish, and expose with loud and audible voice, and in our mother tongue, the said heretick, and hereticks, according to our said de-adnullare, ac Dominum nostrum Regem, frafinitive sentence, and the order observed in tres suos, prælatos & alios magnates ejusdem this process; to the end that any wrong no- regni interficere, necnon viros religiosos, relict' tions, which possibly the people may have given cult' divinis & religiosis observanciis ad occuinto concerning these matters, and our pro-pationes mundanas provocare, & tam ecclesias ceedings upon them, might be rectify'd by this publick declaration.—Moreover, we will and command you the bishops here present, to take copies hereof word for word, and send one to each bishop of our province of Canterbury, that so all and every of them may publish, intimate and declare, and cause by their respective priests and curates to be publish'd, in their several cities and dioceses, the manner and form of this our proceeding, and also the said Sentence pronounced by us, and all and singular contents of the same.-And, lastly, we require of you and thein, that this business be dispatch'd with all convenient expedition; and that you and they do duly and punctually advise and certify us of the time of receiving these presents, and how this our command has been executed, by your and their letters patent, according to the tenor hereof.-Given at our palace at Maydstone, on the 10th day of October, in the year of our Lord 1413, and of our translation the 18th."

The [forged] Indictment and Outlawry of Sir
Joan Oldcastle, Lord Cobham, for High-
Treason. Hil. 1 Hen. V. Rot. 7. B. K.]

Alias coram Gulielmo Roos de Hamlak,Henrico le Scrop, Gulielmo Crowmere Majore civitatis London, Hugone Huls & sociis Justic' Domini Regis, ad inquirend' per sacram' proborum & legal hominum de civitate Domini Regis London, & suburbiis ejusdem, ac de com' Mid' tam intra libertates, quam extra, de omnibus & singulis proditionibus & insurrectionibus, per quamplures subditos Domini Regis Lollardos vulgarit' nuncupatos, & alios in civitate, suburbiis, & com' prædictis factis & perpetratis, necnon de omnibus proditionibus, insurrectionibus, rebellionibus, & feloniis in civitate, suburbiis, & com' præd' per quoscunque & qualitercunq; factis, perpetratis & ad easdein proditiones, insurrectiones, rebelliones, & felonias audiend' & terminand' secundum legem & consuetudinem regni Domini Regis Angliæ, per literas ipsius Domini Regis patentes, assign' apud West die Mercurii proximo post festum Epiphaniæ Domini, anno regni Regis Henrici quinti post conquestum primo, per sacram' xii. jur' extitit præsentatum, quod Johannes Oldcastle de Coulyng in com' Kanc' chr' & alii Lollardi vulgar nuncupat', qui contra fidem catholicam diversas opiniones hæreticas, & alios

cathedrales, quam alias ecclesias & domos religiosas de reliquis & aliis bonis ecclesiasticis totaliter spoliare, ad funditus ad terram prosternere, & dictum Johannem Oldcastle regentem ejusdem regni constituere, quamplura regimina secundum eorum voluntatem, infra regnum prædictum, quasi gens sine capite, in finalem destructionem, tam fidei catholicæ & cleri, quam status & majestatis dignitatis regal' infra idem regnum ordinare, falso & proditorie ordinaverunt & proposuerunt, quod ipso insimul cum quampluribus rebellibus Domini Regis ignotis, ad numerum viginti millium hominum de diversis partibus regni Angl' modo guerrino arrivat', privatim insurgent', & die Mercurii proximo post festum Epiphaniæ Domini, anno regni Regis prædicti prædicto, apud villam & parochiam sancti Ægidii extra Barram veteris Templi London, in quodam magno campo ibidem unanimit' convenirent, & insimul obviarent pro nephando proposito suo in præmissis perimplend'; quo quidem die Mercurii apud villam & parochiam prædicti J. Oldcastle & alii in' hujusmodi proposito proditorio perseverantes, prædictum Dominum nostrum Regem, fratres suos (videlicet, Thomam ducem Clarencia Johannem, de Lancastre, & Humfredum de Lancastre) necnon prælatos & magnates prædictos interficere, necnon ipsum Dominum nostrum Regem, & hæredes suos, de regno suo prædicto exhæredare, & præmissa omnia & singula, necnon quamplura alia mala & intolerabilia, facere & perimplere falso & proditorie proposuerunt & imaginaverunt, & ibidem versus campum prædictum modo guerrino arrivati' proditorie inodo insurrectionis contra ligeancias suas equitaverunt ad debellandum dictum Dominum nostrum Regem, nisi per ipsum manu forti gratiose impediti fuissent. Quod quidem inditament' Dominus Rex nunc, certis de causis, coram eo venire fecit terminandum. Per quod præceptum fuit Vic', quod non omitteret, &c. quin caperet præfatum Johannem Oldcastle, si, &c. & salvo, &c. ita quod haberet corpus ejus coram Domino Rege apud Westmonasterium ad hunc diem, scilicet die Mercurii proximo post octavas sancti Hilarii, isto eodem termino ad respondendum Domino Regi de præmissis, &c. Ad quos diem & locum coram Domino Rege Vic', quod exigi faceret eam de com' in com' quosque utlagetur, si non, &c. & si, &c. tunc euin caperet, & sal

vo, &c. ita quod haberent corpus ejus coram Domino Rege in octavas sancti Johannis Baptistæ ex tunc proximum sequentem, ubicunque, &c. ad respondendum Domino Regi de proditionibus & feloniis superius sibi impositis. Ad quas octavas sancti Johannis Baptista, an' regni R. Henrici quinti post conquestum secundo, Johannes Sutton & Jo' Michell' Vic' Mid', coram Domino Rege returnaverunt, quod ad

com' Midd' centum apud Braynford die Jovis proximo ante festum S. Barnabæ Apostoli, an' reg' R. Hen' quint' post conquestum secundo; & ad quatuor com' ex tunc ex proximo præcedentes, prædictus Johannes Oldcastle exactus fuit, & non comparuit; & quia ad nullum eorundem com'comparuit, ideo præsentibus Coronatoribus com' prædicti utlagat' fuit, per quod inquiratur de terra & catallis suis.

21. Proceedings, upon an ex post facto Act, against Sir JOHN MORTIMER, for making his Escape from Prison. 3 Hen. VI. A. D.

1424. [1 Cobb. Parl. Hist. 350.] SIR John Mortimer, of Bishop's Hatfield, | Hertford, having been indicted on the oath of one King, servant to sir Robert Scot, keeper of the Tower of London, upon the Statute of Escapes; an act was made this parliament on purpose to destroy him, alledging several other Articles against him. As, first, "That the said sir John had contrived with him to break out of his imprisonment, and had promised him immediately a reward of 401. a year, to be aiding and assisting to him in his escape; and afterwards an earldom. Second, that the said sir John told him, that after his escape he would go into Wales to the earl of March; and, having raised 40,000 men, would enter the kingdom again, and cut off the heads of the protector and the bishop of Winchester. Third, he had told this informant, that the earl of March was rightful heir to the crown of England, and that after him he was the next heir; wherefore, if the earl of March refused to recover his right, he himself would take upon

him the regal power as his due. Lastly, that when he came into Wales, if the earl of March would not accept his service, nor engage in the cause, he would then fly into France, and assist the French king against Henry, and did not doubt but in the end he should gain his design."-It appears by the Record, that this sir John Mortimer had been committed prisoner to the Tower, for suspicion of Treason done against the late king, from whence be had made his Escape the first year of this reign. For which escape alone, we suppose, he was indicted, and this indictment, by the authority of parliament, was allowed to be good. And the said sir John being again apprehended and brought before this parliament, Judgment was given against him, to be carried back to the Tower, and drawn from thence to Tyburn, there to be hanged, drawn, and quartered; his head set on London bridge, and his four quarters on the four gates of the city.

22. Proceedings against HENRY BEAUMONT, Bishop of Winchester, for High Treason: 4. Henry VI. A D. 1426. [Cotton. Hall.

Holling. 1 Cobb. Parl. Hist. 354.] ABOUT this time it was, that a dangerous quarrel was set on foot between two very great men, both chief supporters to the house of Lancaster; Humphrey, duke of Gloucester, lord protector, and Henry Beaufort, the rich bishop of Winchester, great uncle to the king. The latter of these, by his magnificence and grandeur, seemed so much to out-shine the Protector himself, though almost on the throne, that he drew on him the odium and jealousy of the other. The haughty spirit of the bishop, being legate to the pope in England, was so great, that the Protector could not endure his pride; and such an implacable enmity grew between them, that great parties were raised, on both siles, for each other's defence. In short, a civil war, it was much dreaded, would be the consequence; and, all their mutual friends could do, was not sufficient to pacify the mind of the Protector, or to make the Prelate yield any further, than, as he thought, was

becoming his high place and state. In this situation the bishop, however, thought proper to write a letter to the duke of Bedford, regent of France, to come over and endeavour to heal matters between them. The duke came accordingly, and calling a council of the chief nobility at Saint Albans, many hot contests arose; and, nothing being concluded at that time, it was adjourned to Northampton, but to as little purpose; till, at last,it was determined,that these differences should be referred to parliament.

Accordingly, writs of summons were issued out, dated Westminster, Jan. 7, 1426, for one to meet, at Leicester, on the 18th of Feb. At which time and place being assembled, in the great hall of the Castle of Leicester, much care had been taken to prevent any tumults between the great trains of the protector and the bishop, by strictly prohibiting any person whatsoever, to come thither with swords or any other warlike weapon. Which order, though

This is all the account which sir Robert Cotton has thought fit to extract, relating to this strong contention between these two noblemen; who, though so nearly related as uncle and nephew, yet still carried on that implacable malice against each other, which ended not but in the death of one or both of them. However, the Chronicles of Hall and Hollingshead are not so silent in this matter; they tell us, that when the affair of the quarrel was brought before the parliament, and each party allowed to plead his cause freely, the Protector, who looked upon himself as the person aggrieved, exhibited five Articles against the bishop, to all which he was urged to give in his Answer. Which Articles and Answers are as follow:

Articles of Accusation presented to the Parlia ment by the Duke of Gloucester, against Henry, bishop of Winchester, with his Answers to them severally.

it was literally observed, yet the lords and their attendants came armed with batts, or great clubs, on their shoulders; from whence this meeting got the name of "The Parliament of Bats;" but this, also, as soon as it was taken notice of, was prohibited. Being all, at length, sat in a peaceable manner, as aforesaid, the young king being there, also, present, the bishop of Winchester, as lord chancellor of England, declared the cause of the summons, in a very short manner; for, after telling them that the king's will was, that all estates should enjoy their liberties, he took his subject from these words of Saint Paul: Sic facite ut salvi sitis. These the learned prelate divided into three parts, and referred them: First to God, for protecting the faith of the church, against all invasions from Lollards and Heretics: 2dly, by imparting sound counsel; and, lastly, by granting the several needful subsidies. By which, he affirmed, three virtues and conveniences would follow, viz. glory to God, by 1. “That Richard Woodvile, esq. keeper of protecting his faith; honour to the king, by the Tower of London, did by the instigation and receiving good advice; and peace to the sub- encouragement of the said bishop of Winchesject, by their liberal grants. In all which heter, deny admittance to him the said duke of desired, that every estate of this parliament Gloucester, then being Protector of the kingwould labour; and that the commons would dom, into the Tower, contrary to reason and chuse, and the next day present, their Speaker.' duty, and in derogation to the kings authority. -The same day the commons presented, be- To this Article the bishop answered, "That fore the king, sir Richard Vernon, knight, to while the duke of Gloucester was gone into Haibe their Speaker; who, with the common pro- nault, it happened that many pamphlets and testation, was allowed. reports being dispersed up and down the city of London tending to rebellion, it was ordered by the lords of his majesty's council, that Richard Woodvile, esq. should with a sufficient number of armed men have the keeping of the Tower, and should not permit any man to come into the Tower stronger than himself, without the special commandment of the king, by the advice of his council. After this strict charge the duke of Gloucester returning out of Hainault, and not approving the fortifying the Tower, told the citizens, who were dissatisfied at it, in-That had he been in England it should not have been so;' and immediately going to the Tower demanded admittance, but Woodvile, not daring to give him entrance, came to the bishop of Winchester for advice, who told him,

Then the commons expressed their great dislike to the Dissentions between duke Humphrey and the bishop of Winchester, and moved for their reconcilement. On which, the duke of Bedford, some bishops, and other lords, made a solemn decree amongst themselves, to hear and determine the said difference, without favour or affection. Which order, after every one of the lords had sworn to observe, they sent a copy of it to the commons. They then proceeded in the matter, and, at length, caused the said duke and bishop, by their formal struments, to have their disputes compromised, and referred to the decision of a select committee of certain bishops and lords; who, after some time, came to this resolution: first, that the said bishop of Winchester should submit himself to the king's mercy; which he did accordingly. And, then the duke of Bedford, in open parliament, pronounced the said bishop innocent of what was alledged against him, in that he procured a person to murder the late king, when he was prince, as the murderer himself confessed who was drowned by the earl of Arundel. And, also, in that he should counsel and advise the said prince to have deposed Henry IV. his father. Likewise, it was awarded by the said committee, that the bishop should acknowledge his offence to the duke of Gloucester, and, in a submissive manner, ask his pardon; that the said duke should freely forgive him; and, in token of a thorough reconciliation, each should take the other by the hand; which was accordingly done before the whole assembly.

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that the duke of Gloucester took more upon him than he ought, and that before he admitted him into the Tower, he ought to provide himself a sufficient warrant of the king and council for his so doing contrary to the former order."— 2. That the bishop of Winchester, without the advice or consent of the duke of Gloucester, or of his majesty's privy council, contrived and purposed to lay hands on his majesty's person, and to have removed him from Eltham, the place that he was then in, to Windsor, there to put him under the government of such persons as he pleased. The bishop's answer to this article was, "That he never could propound to himself any advantage by removing the king, or taking him into his custody or charge, nor did ever intend to meddle with any thing about the king's person without the advice of the privy council, as in time and place he could prove."

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