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appoint them judges, that he might vindicate his honour, or else leave him to sue out his right before suitable judges."-6. That the bishop of Winchester had, in his letter to the duke of Bedford, plainly declared his malicious purpose of assembling the people, and stirring up a rebellion in the nation, contrary to the king's peace. The bishop's answer was, "That he never had any intention to disturb the peace of the nation, or raise any rebellion, but sent to the duke of Bedford to come over in haste to settle all things that were prejudicial to the peace; and though he had indeed written in the letter, That if he tarried, we shall put the land in adventure by a field, such a brother you have here:' he did not mean it of any design of his own, but concerning the seditious assemblies of masons, carpenters, tilers and plaisterers, who being distasted by the late act of parliament against excessive wages of those trades, had given out many seditious speeches and menaces against the great men, which tend

3. That the bishop of Winchester knowing that
the duke of Gloucester had resolved to prevent
his design of seizing the king's person at El-
tham, laid wait for him, by placing armed men
at the end of London-bridge, and in the win-
dows of the chambers and cellars in South-
wark, to have killed him, if he had passed that
way; all which is against the king's peace, and
duty of a true subject. The bishop's defence
"That true indeed it is, that he did pro-
vide a certain number of armed men, and set
them at the foot of London-bridge, and other
places, without any intention to do any bodily
harm to the duke of Glocester, but merely
for his own safety and defence, being informed
by several credible persons, that the duke of
Gloucester had purposed bodily harm to him,
and gathered together a company of citizens for
that end."-4. That the late king Henry 5,
told him, that when he was prince, a man was
seized in his chamber, who was hid behind the
hangings, and confessed after his apprehension,
that he was set at work by the bishop of Win-ed
chester, to kill the prince in his bed. He was
delivered to the earl of Arundel, who drowned
him in a sack in the Thames To this accusa-
tion the bishop replied, “That he was ever a
true and faithful subject to his sovereigns, and
never purposed or contrived any treason against
any of their persons, and especially against his
sovereign lord Henry 5. And this he thought
was sufficiently evident to any, that considered
the great wisdom and courage of the said
king, and the great trust he reposed in him so
long as he remained king, which he would
not have done had he found him guilty of such
unfaithfulness to him while he was prince."-
5. That the bishop of Winchester in the sick-
ness of king Henry 4, advised his son prince
Henry, to assume the government of the na-
tion before his father's death, as the said prince
himself told him. The bishop replied "That
this was mere calumny, which could not be
proved; and he hoped the parliament would

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much to rebellion; and yet the duke of Gloucester did not use his endeavour, as he ought to have done in his place, to suppress such unlawful assemblies, so that he feared the king and his good subjects must have made a field to withstand them: to prevent which, he chiefly desired the duke of Bedford to come over."

This Charge, and the Answers to it, being thus delivered into the parliament, the further examination of it was by the houses devolved upon a select number of lords, who having thoroughly examined all matters, acquitted the bishop, and by a formal award enjoined them to be firin friends for the future; and by such inducements wrought upon them, that they shook hands, and parted with all outward signs of perfect love and agreement, which gave a mighty satisfaction to all people, both of the clergy and laity. And the king, by the advice of his council, made a magnificent feast at Whitsuntide, to rejoice for this happy reconciliation.

DE LA POLE, duke of Suffolk, [1 Cobb. Parl.

23. Proceedings against WILLIAM
for High Treason: 28 Hen. VI. a. D. 1451.
Hist. 386.]

IN the parliament which met at Westminster,
on the 22nd of January 1451, came on the
Trial of the duke of Suffolk, on several Arti-
cles of High Treason; which, because he saw
that he could not avoid, he moved for himself.
For, according to the Record, on the twenty
second of January the duke stood up in the
house of lords, and required the king "That
he might be specially accused, and be allowed
to answer to what many men reported of him,
that he was an unfaithful subject." He further
told the king, "That his father, and three
of his brethren, died in his service and that of
his father's and grandfather's. That he himself
had served in the wars thirty-four years; and,

being but a knight, and taken prisoner, had paid for his ransom 2000. That he had been of the Order of the Garter thirty years, and a counsellor to the king fifteen years, and had been seventeen years in the wars, without returning home. And, asking God's mercy, as he had been true to the king and realm, he required his purgation."-January 26, the Commons came before the Lords, and required that the duke, on his confession, might be committed to safe custody; but the lords and judges, upon consultation, "thought there was no good cause for it, unless some especial matter was objected against him."January 28, the Speaker came again, and de

clared, "That the duke of Suffolk, as it was said, had sold this realm to the French, who had prepared to come hither; and that the said duke, for his own defence, had furnished the castle of Wallingford with all warlike munition;" whereupon, at the Speaker's request, the said duke was committed to the Tower of London.-February 7, the Speaker of the commons, the chancellor, and the lords, sent to the king a Bill of Articles, by which they accused William de la Pole, duke of Suffolk, late of Ewelm in the county of Oxford, of sundry Treasons, viz.

if it had taken effect. For causing the subsidies granted to be contrarily employed. For causing the king's treasure to be spent on the French queen, and other French people. For consuming the sum of 60,000l. left by the lord Dudley the late treasurer. For conveying out of the king's treasury the obligations of the finance for the duke of Orleans. For procuring himself to be made earl of Pembroke, and obtaining the lordships of Haverford-west, after the death of sir Rowland Lenthal. For staying the process of outlawry against William Talbois, esquire of Lincoln, upon several "1. That the said duke having the ward- appeals of murder. For procuring a pardon ship of Margaret the daughter and heir of John to the said William for not appearing upon duke of Somerset, he meant to marry his son suretyship of peace. For procuring persons of John to her; and thereby for want of issue of his confederacy to be made sheriffs. For prothe king, to claim the crown, and to procure curing a garrison of Englishmen to fight against the French king, by means of certain French the Germans, the king's allies, on the part of lords, there named, to depose the king.-2. the French, the king's enemies." All which That he procured the delivery of the duke of Articles the commons required to be enrolled, Orleans, and practised with him to cause the and that the said duke might answer to them. French to recover the English conquests in--On the same day, the duke of Suffolk was that kingdom.-3. Related to the duke's pro- brought from the Tower, by the king's writ, mise of delivery of Anjou and Main, to requite into the Parliament Chamber, at Westininster, the king of Sicily the king's enemy, without before the king and lords; to whom the Artithe assent of the other ambassadors.-4. For cles aforesaid were rehearsed, who desired a disclosing the king's counsel to the earl of Du- copy of them, which was granted. And, for moys bastard of Orleans, and to others of the the more ready answer to them, he was comFrench nation.-5. For betraying to the mitted to the custody of certain esquires, in the French the strength of the king's piles, ord- Tower within the king's palace. nance, and munition, beyond sea.-6. That the said duke, by disclosing the king's secrets, caused the peace to be broken.-7. That the said duke supported the king's enemies, by staying sundry arms which should have passed against them.-8. That the said duke had strengthened the king's enemies against him, by not compromising in the last peace the king of Arragon, who is almost lost; and the duke of Britany, who is wholly so." All which Articles, the commons require to be enrolled, and that prosecution may be awarded thereon. On the 9th of March the commons made a new Complaint against the duke, in effect following: First, for procuring the king, in his Eighteenth year, to give away the inheritance and lands of the crown. For procuring many liberties in derogation of the common law, and hindrance of justice. For causing the king to give away the castle of Manlion de Searl, and other territories in Guienne. For that the earl of Armanac and other nobles of Guienne, were drawn from their obedience to the king, by the said duke's discovering of secrets, to the utter impoverishment of this realm. For procuring the king to bestow the keeping of divers towns and offices in Normandy and Guienne, on unworthy persons. For procuring the king to grant the earldoms of Enreney and Longuevile, and other lordships in Normandy, to the bastard of Orleans, and other Frenchmen, the king's chiefest enemies, without the assent of the council. For that the duke procured the king, in his own presence, to promise the French ambassador to attend in person at the convention in France, to the king's subversion

On the 14th of March the said duke appeared again before the lords, and on his knees denied the truth of the first eight Articles of Treason against him; and offered to prove them false in any manner the king should appoint. The first of them he denied as impossible, inferring, that some of the lords knew he meant to have married his son to the earl of Warwick's daughter, if she had lived. To many of the rest, he referred himself to the king's letters patents, and to some acts of the council. To the yielding up of Anjou and Main, he referred also to the acts of the council; which shew, that other lords were privy thereto, as well as himself, and said that the same was delivered up by the bishop of Chichester, then keeper of the privy seal.-On the 17th, the said duke was brought again before the lords, to whom the chancellor repeated the Answer he had made, and told him, that therein he had not put himself upon his peerage, and asked the duke which way he would be tried? Who, kneeling, said that he hoped he had answered all things to the full, and so protesting his innocency, referred himself entirely to the king's mercy and award.-Thereupon the Chancellor, by the king's command, pronounced this Sentence, "That since the duke did not put himself upon his peerage, the king, in relation to the Articles of Treason contained in the first Bill, would be doubtful, And as to the Articles of Misprision, the king, not as judge by the advice of the lords, but as one to whose order the duke had committed himself, doth banish him the realm, and other his dominions, for five years; from the 1st of

VOL. I.

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May next ensuing."-After which Sentence | nister, is taken from the Records themselves. being given, lord Beaumont, lord high constable, stood up, on the behalf of the bishops and lords, and required, "That it might be enrolled, that the said Judgment was by the king's own rule, and not by their assent; and also required, that neither they nor their heirs should, by this example, be barred of their peerage and privileges."

The foregoing account of this parliamentary inquiry into the misconduct of a prime mi

Undoubtedly, the mildness of his Sentence proceeded from the queen's great indulgence to him; who was in hopes, that his short banishment might last longer than the malice of bis enemies against him. But, unhappily for both, the duke was taken prisoner at sea, by a private English captain, who had waylaid him, had his head struck off on the side of a long-boat, and his body thrown into the

sea.

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24. Proceedings against GEORGE duke of CLARENCE, brother to King Edward the Fourth, for Treason: 18 Edw. IV. A. D. 1478. [1 Kenn. 475. 1 Rapin, 623. 1 Cobb. Parl. Hist. 436.] WHILE the duke of Clarence was in Ireland, courses: That he had spread abroad impious not suspecting any design against himself, the rumours that the king dealt by necromancy, queen and his brother the duke of Gloster were and upon offence against such of his subjects, plotting his destruction. Upon his return to whom by order of law he could not destroy, he the court he understood that Thomas Burdet of was accustomed to take them away by poison: Arrow in the county of Warwick, esq. who ever That he had not rested there, but thereby to was dependant upon him, had been in his ab- advance himself to the kingdom, and for ever sence apprehended, indited, arraigned and exe- to disable the king and his posterity from the cuted all in the compass of two days. The crime crown, he had, contrary to truth, nature and upon which his Accusation was principally religion, viper-like destroying her who gave grounded, were inconsiderate words, by which, him life, published that the king was a bastard, upon a report that the white buck in which he and no way capable to reign: that to make much delighted was killed as the king was hunt- this his so monstrous ambition more successful, ing in his park, he wished the head and horns and already to begin his usurpation, he had and all in the king's belly, whereas indeed he caused many of the king's subjects to be sworn wished it only in his belly, who counselled the upon the most blessed sacrament to be true to king to kill it. With this Accusation were min- him and his heirs, without any exception of gled many other of poisoning, sorceries, and in- their allegiance; after which so solemn oaths, chantments: crimes which every judicious man he discovered to them his resolution to right easily perceived, were only put in the scale like himself and his followers, who had both suffered grains, to make his rash language full weight, by the king's violent wresting away their estates: which otherwise would have been too light to and in particular to revenge himself upon the deserve the sentence of death. These proceed- king, who (as he most impiously and falsely sugings Clarence resented, as they were intended, gested) had by art-magic contrived to consume and expostulated with the king about the injus- him as a candle consumeth in burning. And tice done to his servant, and injury to himself. what most expressed the treason of his designs, And according to the custom of expostulations, that he had got out an exemplification under his words were bold and disorderly, and having the great scal of Henry 6, late king; wherein received an apparent injury, built too much on was shewed how by the parliament it was enthe right of his cause, and provoked the king too acted, that if the said Henry and Edward his far into indignation; so that soon after he was son should die without issue male, the kingdom committed close prisoner to the Tower, where should descend upon the duke of Clarence and being by act of parliament attainted, he was his heirs; whereby clearly appeared his intensecretly put to death. The manner, as it is ge- tion, immediately to possess himself of the nerally received, was by thrusting his head into crown, with destruction of king Edward and his a butt of Malmescy, by which he was stifled. children, by pretence of a general election of the commonwealth."

In his Attainder, according to the form, are Crimes enough to make his death have appearance of justice, the execution of which the king seemed rather constrained to, than to have sought. For there are reckoned, "how the duke of Clarence, to bring the present government into hatred with the people, and thereby the present state into trouble; had not only in his speeches frequently laid injustice to the king's charge in attainting Thomas Burdet falsly, convict of many notorious Treasons, but suborned many of his servants and divers others, corrupted with money, to divulge the like seditious dis

This was the sum of his Attainder, which we may well believe had not so easily past but by the king's public declaring himself: the secret working of the duke of Gloucester; and the passionate urging of the queen's kindred. But this Attainder hath in it one thing most remarkable, that Clarence here was accused of falsely laying bastardy to the king, to endeavour possession of the crown; which afterwards was alledged indeed by Richard duke of Gloucester, to the absolute disinherit of the king's sons.

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if it had taken effect. For causing the subsidies granted to be contrarily employed. For causing the king's treasure to be spent on the French queen, and other French people. For

clared, "That the duke of Suffolk, as it was said, had sold this realin to the French, who had prepared to come hither; and that the said duke, for his own defence, had furnished the castle of Wallingford with all warlike mu-consuming the sum of 60,000l. left by the lord nition; whereupon, at the Speaker's request, the said duke was committed to the Tower of London.-February 7, the Speaker of the commons, the chancellor, and the lords, sent to the king a Bill of Articles, by which they accused William de la Pole, duke of Suffolk, late of Ewelm in the county of Oxford, of sundry Treasons, viz.

Dudley the late treasurer. For conveying out of the king's treasury the obligations of the finance for the duke of Orleans. For procuring himself to be made earl of Pembroke, and obtaining the lordships of Haverford-west, after the death of sir Rowland Lenthal. For staying the process of outlawry against William Talbois, esquire of Lincoln, upon several appeals of murder. For procuring a pardon to the said William for not appearing upon suretyship of peace. For procuring persons of his confederacy to be made sheriffs. For procuring a garrison of Englishmen to fight against the Germans, the king's allies, on the part of the French, the king's enemies." All which Articles the commons required to be enrolled, and that the said duke might answer to them.

brought from the Tower, by the king's writ, into the Parliament Chamber, at Westminster, before the king and lords; to whom the Articles aforesaid were rehearsed, who desired a copy of them, which was granted. And, for the more ready answer to them, he was committed to the custody of certain esquires, in the Tower within the king's palace.

"1. That the said duke having the wardship of Margaret the daughter and heir of John duke of Somerset, he meant to marry his son John to her; and thereby for want of issue of the king, to claim the crown, and to procure the French king, by means of certain French | lords, there named, to depose the king.-2. That he procured the delivery of the duke of Orleans, and practised with him to cause the French to recover the English conquests in-On the same day, the duke of Suffolk was that kingdom.-3. Related to the duke's promise of delivery of Anjou and Main, to requite the king of Sicily the king's enemy, without the assent of the other ambassadors.-4. For disclosing the king's counsel to the earl of Dumoys bastard of Orleans, and to others of the French nation.-5. For betraying to the French the strength of the king's piles, ordnance, and munition, beyond sea.-6. That the said duke, by disclosing the king's secrets, caused the peace to be broken.-7. That the said duke supported the king's enemies, by staying sundry arms which should have passed against them.-8. That the said duke had strengthened the king's enemies against him, by not compromising in the last peace the king of Arragon, who is almost lost; and the duke of Britany, who is wholly so." All which Articles, the commons require to be enrolled, and that prosecution may be awarded thereon. On the 9th of March the commons made a new Complaint against the duke, in effect following: First, for procuring the king, in his eighteenth year, to give away the inheritance and lands of the crown. For procuring many liberties in derogation of the common law, and hindrance of justice. For causing the king to give away the castle of Manlion de Searl, and other territories in Guienne. For that the earl of Armanac and other nobles of Guienne, were drawn from their obedience to the king, by the said duke's discovering of secrets, to the utter impoverishment of this realm. For procuring the king to bestow the keeping of divers towns and offices in Normandy and Guienne, on unworthy persons. For procuring the king to grant the earldoms of Enreney and Longuevile, and other lordships in Normandy, to the bastard of Orleans, and other Frenchmen, the king's chiefest enemies, without the assent of the council. For that the duke procured the king, in his own presence, to promise the French ambassador to attend in person at the convention in France, to the king's subversion

VOL. I.

On the 14th of March the said duke appeared again before the lords, and on his knees denied the truth of the first eight Articles of Treason against him; and offered to prove them false in any manner the king should appoint. The first of them be denied as impossible, inferring, that some of the lords knew he meant to have married his son to the earl of Warwick's daughter, if she had lived. To many of the rest, he referred himself to the king's letters patents, and to some acts of the council. To the yielding up of Anjou and Main, be referred also to the acts of the council; which shew, that other lords were privy thereto, as well as himself, and said that the same was delivered up by the bishop of Chichester, then keeper of the privy seal.-On the 17th, the said duke was brought again before the lords, to whom the chancellor repeated the Answer he had made, and told him, that therein he had not put himself upon his peerage, and asked the duke which way he would be tried? Who, kneeling, said that he hoped he had answered all things to the full, and so protesting his innocency, referred himself entirely to the king's mercy and award.-Thereupon the Chancellor, by the king's command, pronounced this Sentence, "That since the duke did not put himself upon his peerage, the king, in relation to the Articles of Treason contained in the first Bill, would be doubtful, And as to the Articles of Misprision, the king, not as judge by the advice of the lords, but as one to whose order the duke had committed himself, doth banish him the realm, and other bis dominions, for five years; from the 1st of

T

May next ensuing."-After which Sentence | nister, is taken from the Records themselves. being given, lord Beaumont, lord high consta- Undoubtedly, the mildness of his Sentence ble, stood up, on the behalf of the bishops and proceeded from the queen's great indulgence lords, and required, "That it might be en- to him; who was in hopes, that his short rolled, that the said Judginent was by the king's banishment might last longer than the malice own rule, and not by their assent; and also of bis enemies against him. But, unhappily required, that neither they nor their heirs for both, the duke was taken prisoner at sea, should, by this example, be barred of their by a private English captain, who had waypeerage and privileges." laid him, had his head struck off on the side of a long-boat, and his body thrown into the

The foregoing account of this parliamentary inquiry into the misconduct of a prime mi

sea.

24. Proceedings against GEORGE duke of CLARENCE, brother to King Edward the Fourth, for Treason: 18 Edw. IV. a. D. 1478. [1 Kenn. 475. 1 Rapin, 623. 1 Cobb. Parl. Hist. 436.]

WHILE the duke of Clarence was in Ireland, |
not suspecting any design against himself, the
queen and his brother the duke of Gloster were
plotting his destruction. Upon his return to
the court he understood that Thomas Burdet of
Arrow in the county of Warwick, esq. who ever
was dependant upon him, had been in his ab-
sence apprehended, indited, arraigned and exe-
cuted all in the compass of two days. The crime
upon which his Accusation was principally
grounded, were inconsiderate words, by which,
upon a report that the white buck in which he
much delighted was killed as the king was hunt-
ing in his park, he wished the head and horns
and all in the king's belly, whereas indeed he
wished it only in his belly, who counselled the
king to kill it. With this Accusation were min-
gled many other of poisoning, sorceries, and in-
chantments: crimes which every judicious man
easily perceived, were only put in the scale like
grains, to make his rash language full weight,
which otherwise would have been too light to
deserve the sentence of death. These proceed-
ings Clarence resented, as they were intended,
and expostulated with the king about the injus-
tice done to his servant, and injury to himself.
And according to the custom of expostulations,
his words were bold and disorderly, and having
received an apparent injury, built too much on
the right of his cause, and provoked the king too
far into indignation; so that soon after he was
committed close prisoner to the Tower, where
being by act of parliament attainted, he was
secretly put to death. The manner, as it is ge-
nerally received, was by thrusting his head into
a butt of Malmesey, by which he was stifled.

In his Attainder, according to the form, are Crimes enough to make his death have appearance of justice, the execution of which the king seemed rather constrained to, than to have sought. For there are reckoned, "how the duke of Clarence, to bring the present government into hatred with the people, and thereby the present state into trouble; had not only in his speeches frequently laid injustice to the king's charge in attainting Thomas Burdet falsly, convict of many notorious Treasons, but suborned many of his servants and divers others, corrupted with money, to divulge the like seditious dis

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courses: That he had spread abroad impious rumours that the king dealt by necromancy, and upon offence against such of his subjects, whom by order of law he could not destroy, he was accustomed to take them away by poison : That he had not rested there, but thereby to advance himself to the kingdom, and for ever to disable the king and his posterity from the crown, he had, contrary to truth, nature and religion, viper-like destroying her who gave him life, published that the king was a bastard, and no way capable to reign that to make this his so monstrous ambition more successful, and already to begin his usurpation, he had caused many of the king's subjects to be sworn upon the most blessed sacrament to be true to him and his heirs, without any exception of their allegiance; after which so solemn oaths, he discovered to them his resolution to right himself and his followers, who had both suffered by the king's violent wresting away their estates: and in particular to revenge himself upon the king, who (as he most impiously and falsely suggested) had by art-magic contrived to consume him as a candle consumeth in burning. And what most expressed the treason of his designs, that he had got out an exemplification under the great seal of Henry 6, late king; wherein was shewed how by the parliament it was enacted, that if the said Henry and Edward his son should die without issue male, the kingdom should descend upon the duke of Clarence and his heirs; whereby clearly appeared his intention, immediately to possess himself of the crown, with destruction of king Edward and his children, by pretence of a general election of the commonwealth."

This was the sum of his Attainder, which we may well believe had not so easily past but by the king's public declaring himself: the secret working of the duke of Gloucester; and the passionate urging of the queen's kindred. But this Attainder hath in it one thing most remarkable, that Clarence here was accused of falsely laying bastardy to the king, to endeavour possession of the crown; which afterwards was alledged indeed by Richard duke of Gloucester, to the absolute disinherit of the king's sons.

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