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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

bellion 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 ed 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."

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 Eltham, laid wait for him, by placing armed men at the end of London-bridge, and in the windows of the chambers and cellars in South-of assembling the people, and stirring up a rewark, 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 provide 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 Winchester, 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 accusation 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 reinained 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 sickness of king Henry 4, advised his son prince Henry, to assume the government of the nation 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

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 Whitsun tide, to rejoice for this happy reconciliation.

23. Proceedings against WILLIAM DE LA POLE, duke of Suffolk, 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 Articles 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,

[1 Cobb. Parl.

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 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.

"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 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.

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 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.

On the same day, the duke of Suffolk was 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.

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, 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 his dominions, for five years; from the 1st of

T

May next ensuing."-After which Sentence |nister, is taken from the Records theniselves. 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 Judginent 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.

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 Malmesey, 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.

25. The Trial of Sir WILLIAM STANLEY, knight, for High Treason: 10 Hen. VII. A. D. 1494-5. [Hall and Lord Bacon.]

[There is not a regular account of the Trial of
this eminent person, in any book we have
met with. Old Fabian, with his usual dry-
ness and brevity, only writes, that about
Christmas 1494 sir Robert Clifford impeach-
ed sir William Stanley, and that sir William
was beheaded the 15th of February follow-
ing. Fab. 530. Hall, with his followers
Grafton and Hollingshead, explains, by whom
sir William was accused to the king, what
was reported to be his offence, and how the
king acted on the occasion; adding some
conjectures as to the cause of sir William's
alienation from the king; but as to the Trial
itself, all they say is, that he was condemned
and executed. Even lord Bacon, though he
appears to have taken no small pains to
throw every light on the subject, owns, that
the memory of the case was dark; and
writes of it only from imperfect tradition,
aided by the strength of his own conjecture.
However, our readers will scarce be averse
to seeing what a historian of such a deep
penetration writes on a subject so interest-

ing.

We shall therefore extract the result of this investigation, after first giving Hall's account, which will be found to be the 'groundwork of some part of lord Bacon's more splendid and enlightened narrative.Mr. Hargrave's Note.]

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after that attempt begonne by syr Robert, he was in no smal dangier himselfe, and by that was not a litle noted, and hys fame blemished, but also hys frendes were suspected and bad in a gealosy. Secondarely, he was not after that in so great favour, nor so estemed with the kynge as he had been in tymes past, because he was blotted and marked with that cryme and offence. And therfore he bearing his favoure to the house of Yorke, entendynge in the beginning to administer displeasure to kyng Henry, sayled to the lady Margaret, beyng seduced and brought in belefe that Perkyn was But to my the very sonne of kynge Edward. purpose: when syr Robert came to the presence of the kynge, he knelyng on his knees most humblye, beseched hym of grace and pardone, whiche be shortely obteyned. And atter that beynge requyred of the inaner and ordre of the conjuracion and what was done in Flaunders, he opened every pointe to his knowlege, and after disclosed the names, as well of the aiders and fautoures as of the inceptors' and begynners. Amongest whome he accused syr William Stanley, whome the kynge made hys chiefe chamberleyn, and one of hys prevy counsayll. When he had so sayde, the kyng was greatly dismayed and greved, that he shoulde be partaker in that greveous offence, considerynge first that he had the governaunce of his chambre, and the charge and comptrolment of all suche as were next to hys bodye, and also callynge to remembraunce the manifolde gratuities, whiche he had receaved at hys hande, but in especiall not forgettynge that benefite above all other, that onely by his aide and succoure, he had vanquished and overthrowen his mortall enemy kynge Rycharde. Wherefore at the begynnynge he coulde in no wyse be induced nor persuaded to beleve, that he was such a prevy conspiratoure or malicious offender; but when the cryme was openly proved and probably affirmed, then the king caused hym to be restrayned from his libertie in his awne chambre within the Quadrate Towre.

Extract from Hall's Henry VII. p. 35. SYR Robert Clyfford, partely trusting on the kynges promes, and partely mistrustyng the thing, because he knewe that diverse that were accused to be partakers of that faccion and conspiracy [in favor of Perkyn Warbeck] were put in execucion: and therfore perceavyng that their could not be a more pernicious nor more desperate begonne thinge then that develishe enterprice, returned sodeynly agayn into England. The kynge beynge certefied before of his coming, went streight to the Towre of London the morrow after the daye of Epiphany, and there taryed til suche tyme that And there appoynted hym by his syr Robert Clyfford was there presented to hys prevy counsayl! to be examined. In whiche person, which thinge he used under this pre examinacion he nothinge denyed, but wisely tence, that if syr Robert Clifforde had accused and seriously did astipulate and agree to all any of the nobilitie to be partakers of this ungracious fraternitie and diabolical conjuracion,thinges layed to hys charge, if he were in any

that then every such person might be called thether without suspeccion of any evell, and there streight to be attached and cast in holde. -But before I go any farther I wil shew the opinion that at that time ranne in inany mens heddes of this knyghts goynge into Flaunders. Some men helde this opinion, that kyng Henry for a polecy dyd sende him as a spye to Flaunders, or els he woulde not have so sone receaved him into his grace and favour agayn. Neverthelesse this is not like to be true by diverse reasons and apparant argumentes, firste,

When

of theim culpable or blame woorthy.-The reporte is, that this was his offence. communicacion was had betwene hym, and this syr Robert Clyfforde, as concerning Perkyn, whiche falsely usurped the name of kyng Edwardes sonne, syr William Stanley sayde and affirmed there, That he would never fight nor beare armure agaynst the young man, if he knew of a truthe that he was the indubitate sonne of kyng Edward 4. Thys poynte argueth and proveth hym at that tyme, beynge moved with melancholy, to beare no great good will to

a litle displeased, and so when both their hartes were enflamed with melancoly, bothe loste the fruite of their longe continued amitie and favoure. And so it often chaunceth, that when men do not consider nor yet regard the great benefites to them exhibited, they rendre agayne hatred for liberalitee, and for breade geven, they yelde agayne a scorpion. Nowe

to returne to the matter.

At thys tyme the kyng thought it best, ye and very necessary, not onely to take hede about him, but also to use some sharpe punyshment and correccion of the offences of his subjects, to the intent that the late begun se

this cause specially that some persons voyde of all honest feare and reverent dread, had taken such courage and audacitie to them, that they feared not to speake evell of their kyng and sovereign lord, with moost spiteful and contumelious wordes, as though thei neither feared nor woulde obey him, or his preceptes and commaundementes, expecting dayly and hourely the arryvall and landing of the feyned Rychard duke of Yorke, now lately rysen from death to lyfe. But when knowlege of the slaunderous and opprobrious woordes were brought to the kynges eares, he caused dyverse persons to suffre condigne punyshment for their heynous offences, whereby their complices wel perceavyng that their entreprice had no prosperous successe nor toke any good effect, and especially such as temerariously began to make mastries and farther seyng what preparacion was made and provyded agaynst theyre tumulteous commocion and frantique entreprice, they of their awne swynge pacefied themselfes, and beganne to turne to their kynge and naturall licge lorde.

kyng Henry, whereof suspicion first grewe, and after this ensued the accusacion of syr R. Clyfforde. Then the kyng doubtinge what to do with him, did consult and breath with hymselfe of this sodeyne chaunce. For he feared least that his brother lorde Thomas Stanley, in whome he had founde great frendship, woulde take this mattre greveously. And if he should remit that fault, that, abusynge his lenyte and mercy, he would be the more bolder to offende and treaspace more highly. Albeit at the last, severitee tooke place and mercy was put backe, and so he was arreigned at Westmynster, and adjudged to dye, and accordinge to that Judgemente was broughte to the Towre-hilldicion might the soner be repressed, and for the 16 daye of February, and there had hys head striken of. What was the occasion and cause, why the syncere and faythfull mynde, that syr William allways before bare to kyng Henry, was turned into cancarde hatred and dispite, and why the especiall favoure that the kynge bare towarde hym was transmuted into disdeyne and displeasure, dyverse men alledge dyverse causes, affirmynge that when kynge Henry (what other mutual benefites the one had receaved of the other, I wyll nowe pretermyt and overpasse) in that battaile, in the whiche he bereft kynge Rycharde bothe of hys life and hys kyngdom, beynge associate and accompanied but with a small numbre, and circumvented by kynge Richardes army, and in great jeopardy of his lyfe, thys syr William beynge sent from the lord Standley hys brother with a good company of stronge and hardy men (whiche lorde Stanley was nere the felde with a great army) came sodeynly and fortunately to the succours of kynge Henry, and saved hym from destruccion, and overthrewe kynge Rychard as before you have heard. Surely thys was a benefite above all benefites to be remembred, by the which kyng Henry was not onely preserved alyve, but also obteyned the croune and kingdome, which great benefite, after the kingdome once obteyned, he did neither forget nor yet left unrewarded. For the lord Thomas Stanley he invested with the swoorde of the countie of Darby, and beside other great giftes and officics geven to William Stanley, he made him his chiefe chamberleyn. This syr William, although he were in great favoure with the kyng, and had in great and high estimacion, more remembring the benefite done to the kyng, then the rewardes and gratuitees of his liberalite receaved, thinking that the vessel of oyle, (according to the gospel) woulde overflowe the brymmes, and as some saye, desiryng to be erle of Chestre and therof denyed, began to grudge and disdeyne the kyng his high frend: and one thing encoraged him much, which was the riches and treasure of king Richard, which he onely possessed at the conflict of Boswoorth: by reason of which haboundance of ryches and greate powre of people, he set nought by the kyng his sovereign lord and mastre. king perceaved that his stomack began to When the canker and waxe rusty, he was with him not

Extract from Bacon's Henry 7. in 1 Kennet's
Complete History, p. 610.

- UPON Al-hallows-day even, being now the tenth year of the king's reign, the king's second well the duke, as divers others, noblemen, son Henry was created duke of York; and as knights batchellours, and gentlemen of quality, the ceremony. Upon the morrow after Twelfthwere made knights of the bath, according to day, the king removed from Westminster (where he had kept his Christmas) to the Tower of London. This he did as soon as he had advertisement, that sir Robert Clifford (in whose bosom or budget most of Perkinis secrets were layed up) was come into England. And the place of the Tower was chosen to that end, that if Clifford should accuse any of the great ones, they might without suspicion, or noise, or sending abroad of warrants, be presently attached; the court and prison being within the cincture of one wall. After a day or two, the king drew unto him a selected council, and admitted Clifford to his presence; who first fell down at his feet, and in all humble manner granted, though he were indeed secretly assured craved the king's pardon, which the king then of his life before. Then commanded to tell

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