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247]
STATE TRIALS, 1 Isesity V. 1413. -Trial and Eramination of [248
present, but so many besydes shall here Cobham sayd with most cherefull counte after, fauer errour, eyther receive him naunce, “Though judge my body, which
defend him, counsell him helpe him, but wretched thing, yet am certein and any other way mainteiu him, very fauters, sure, that can harme my soule, receiuers, defenders, councelers, ayders, and more than could Sathan uppon the soule maynteyners condemned heretiks. -And Job. He that created that, will his infinite that these premysses maye the better mercy and promess save haue, therein knowen faythiull Chrystem men, we com manner doubt. And concerning these mit here vnto your charges, and gaue you Articles before rehersed, will stande them, strayghte commaundement thervpon thys euen the very death, the grace my
wrytyng also, that cause this condemnacion and diffinityue sentence excommunycacyon, concerning both thys heretyke and his fawters,
publyshed through oute
cytyes, townes, and vyllages,
and parysh priestes, such time
have most recourse people, and
done after this sort. As the people are thus
gathered deuoutlye together, lett the curate
euery where into the pulpet, and there
open, declare, and expounde thys process,
the mother tonge, audy ble and intelligible
voyce, that maye well persciued
men and that vppon the feare this decla
racion also, the people maye fall from their
opinions conceiued now late sediciouse mered Robert Morleye, and ledde preachers. More ouer, we will that after we
haue deliuered vnto yohe one you bishoppes
(which are here present) cause the same
dyuers coppies, and
other bishopps and prelates our whole pro lowing, causing set diuerse quar uince, that they may also see the contents ters London, that the peple shulde not be thereof solempnely published within their dio leve the slaundres and lyes that his ennemies
and they signifye again vnto distinctly your wrytinges,
without fayned colour
and after what sort condicion, according
was done
the tenour hereof, that
sacraments the Church, and specially the
we may knowe
coppye thys Wrytinge sent Thomas
eternall God. ’ And therwith he turned bitu wnto the people, casting hys handes abroade;
that
dyoceses your curates
and saying with very loude voice, ‘Good Christen people, for Gods loue well ware these men: for they will els begyle you, and
they shall leade you blindelyng into hell with themselues.
For Christ saith plainly vinto you, “If one blind
man leadeth another, they are lyke both fall
into the dytche. ”—After thys fell downe
there vppon knees, and thus before them
prayed for his enemies, holding both his
handes and his eyes towards heauen, and say
ing, Lord God eternal, beseche the for thy great mercies sake forgeue my pursuers, dely
thy blessed will. ” And than he was
forth againe the Tower London. And thus was there ende that dayes worke.
Whyle the Lord Cobham was thus the
coppye bereof, that
written out again into Tower, sent out priuily vnto his friends; and
sent vnto the they desire wrote this lytle Bill here fol
ceses and cures Tinally we wyll that both you the bishops seruaunts and priestes had made
seriously and on him abroade. And this was the Letter;
the matter “For much John Oldecastell knight euery point per and lord Cobham, vntruly conuicted and in fourmed, the daye wheruppon receyued thys prisoned, falsely reported, and slaundred among processe, the tyme whan was you executed, the comen people his aduersaries, that he euerye shuld otherwise both fele, and speake the
justly the same. ” Caunterbury, after
the daye October,
oure Lorde 1413, knowen be here
Diuina,” &c. The sayde Richard Clifford sent ments the church proftytable and expe an other coppye thereof, enclosed within his dient also them that shal saued, taking owne letters, unto Robert Mascall, Carme them after the intent that Christ and his true
blessed sacrament
ten the confession
Arundel the archbishop
ward from May deston
within the same yeare
unto Richard Clifford the bishop London, neuer sens varyed
which thus beginneth, Thomas Permissione this plainly his beleue, that the sacra
lite fryer, which was than bishop Hertford
Walis, written from Hadham the xxiii day Octobre, the same yere and the beginning
thereof this, Reuerende Christo Pater,” &c. The said Robert Mascall directed an
other copy thereof fion London the xxvii day November the same yere, enclosed his
owne commission also, vinto his archdeacons and deanes Herford and Shrewisbury. And this thereof the beginning, Venerabilibus
church hath ordayned. Further more be leued that the blessed sacrament of the aulter
verely and truly Christes body, fourme bread. ”
After thys the byshops and pryestes were
moche obloquie, both the nobilite and co mens, partly for that they had cruelly han dled the good lord Cobham; and partlye againe, bycause hys opinion (as they thought that tyme) was perfyght concerning the sacrament.
indinted and taken diuerse open places
the clergy, and set up the cite London, all the world, that he
discretis varis,” &c. like manner did the As they feared thys grow further incon
other bishopes within their dioceses.
After that the Archebishop had thus red the Byll his Condempnation, with most extre
uenience towardes them both wayes, they drew their heads together, and the last consented use other practise, somewhat contrary
nite, before the whole multitude the lord that they had done afore. They caused
the aulter, than was writ his belieue, which was
any poynt therfro; but
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249] STATE TRIALS, I HENRy V. 1413. —Sir John Oldcastle, for Heresy. [250
and by to be blowne abroade by their feed ser men. —And agreably styl unto this, confess, uants, fryendes and babeling Johnes, that graunt, and affyrme other archbishoppes,
before, and stande them, considering hym them subdued.
the more awe
An Abjuracion counterfayted
the Bishoppes.
§.
bishoppes, and prelates, their prouinces, dy
the sayde lord Cobham was becomen good man, and had lawlye submitted him selfe
things vnto holy his
ocesses, and parishes (appointed
pope Rome, assyst
tyme come, auctorite and power rule and gouerne, binde and lose, acurse and as soyle the subjectes peoples their aforeseid prouinces, dyoceses, and parishes; and that theyr said subjectes peoples ought right
things obey them. Furthermore confesse, graunt and affyrme, that the sayde Oldecastell knt. sometime the lord Cobham. spyrytuall fathers, our moost holy father the “In Dei nomine, Amen. Johan Oldecas pope, archbishops, byshops and prelates, haue
opinion concerning the sacrament. And ther vppon they contrefayted abjuration his
name, that the peple shuld take hold that opinion any thing they had hearde him
his
This the Abjuration (say they) Syr
vtterly chaunging
the seid doinges
great
man, and
tell denounced, detected and conuycted and had, haue now and ought haue hereafter,
vppon sauering heresy powero estate, go diuerse articles both and auctorite and for the order and
errour, before the reuerend father Christ, uernaunce theyr subjectes peoples, make
my good Thomas, by permission lawes, decrees, and lord the
constitucions; yea,
of . . . ; Archebishop Caunterburye, lord
statutes and commaunde and
publysh,
my lauful and rightful judge that behalfe, ex said subjectes and the obseruation of
bishops, and his other prelates, the degrees maunded accordynge the fourme spirituall
the church, and the holy sacramentes the lawe, Christen peple and euery man him
and and
compell theyr
affyr ing the ystate and power the moost holy fa me that these forsayd lawes, decrees, statutes ther the pope Rome, his archbishops, his and constitucions, made, publy shed and com
ressely graunt and confesse, That concern thcm. —Moreouer, and
and pardons; affyrme say) before the said and constitucions our most holy father the reuerend father archbishop, and els where, that pope, incorporated his decrees, decretals, being seduced diuerse sediciouse preach clementynes, codes, chartes, rescriptes, sextiles
the prouinciel statutes archebishops their prouinces, the sinodall actes byshoppes theyr dioceses, and the commendable rules and customes prelates their colleges, and cu rates their parishes, Christen people are both bound observe, and also moost mekely
obeye. Ouer and besides this, Johan Oldecastell, vtterly forsakinge and renouncynge
the aforesayd errours and heresyes, and all other errours and heresyes lyke vnto them, lay my hande here vppon this boke, holy euan gelye God, and swear, that shall neuerinore
ers, haue greuously erred and heritically per and extraua gauntes the world over all; and
sisted, blasphemously answered, and obsti nately rebelled. And therefore am the
sayd reuerend father, before the reuerend fa thers Christ also the bishops London, Winchestre, and Bangor, lawfullye condempned for an heretyke. —Neuertheless yet, now re membring myselfe, and coueting this meane
auoide that temporal payne, which am worthy suffer heretike, the as
i.
business) his office,
him
his decrees, canons, vertue
haue had tymes past,
now this tyme, and that they ought haue
confesse, graunt
haue
same, specyally the sacramentes the aulter,
penaunce,
and and other obseruaunces be
sides our mother holy church, pilgrimages
selfe, straightly bound obserne, and meke
lye obeye, accordyng
Koi. the diuersite the
powers. As the lawes, statutes, canons
signacion my most excellent Christen prince and liege lord king Henry the fift, nowe the
God most worthy kyng both Eng
minding pre and France also
doctryne the holy and uniuersal church
heresyes,
yet any other lyke vinto them wetingly. Ney ther shall geue counsell, ayde. helpe nor fauer
any tyme them that shall holde, teache,
ferre the wholsom determinacyon, sentence and
††,
Rome, before the vnholsom opinions my
self, my teachers, and 'my followers: frely, affyrme mainteine the same, God shall
deliberately, and throughly confesse, helpe nic and these holy euangelyes. —And that graunt, and affyrme the moste holye fathers shall from hens forth faithfully obeye, and in Christ, sainct Peter the apostle, and his succes uiolably obserue the holy lawes, statutes, sours bishoppes Rome, specially now thys canons, and constitucions the popes tyme my moost blessed Lorde pope Johan Rome, archbishopes, bishops and prelates,
the permyssyon God the pope that are contayned, and determined theyr holye name, which now holdeth Peter's seate (and decrees, decretals, clementines, codes, chartes, each them their succession) full strength rescryptes, scxtyles, summes papall, extrauagan and power. Chrystes vycar aerth, and tes, statutes prouincyall, actes synodal, and the head the church milytaunt. And that other ordinary rules customes constituted
by the strength hys office (what thogh them, that shall chaunce hereafter dyrectly
damned) hath full auctorite and power such other, wyll myselfe with powr possible rule and gouerne, bind and lose, saue and de apply. Besydes this, the penaunce which
stroy, accurse and assoyle, other Christen shal please my said reuerend father, the lorde
great sinner, and afore knowen God be determined made. To these and ail
from hens forth hold these forsaid
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251] STATE TRIALs, 1 Henry V. 1413. -Trial and Eramination of
[252
archbishop of Caunterbury, hereafter to en fauer that the lord Cobham had both Lon joyne me my sinnes, will mekely obeye don, and abought the cyte. Yet were they and faithfully fulfyll. Finally, my seducers deceiued; that they doubted most, lyghted
and false teachers, and other besydes, whom shall hereafter knowe suspected heresye errours, shall effectuallye present, cause
there somest upon them.
Byll was put mons, against their presented, vinto my sayd reuerend father temporalities, lyke
there again the com continuall wasting the had bene twise afore
the seid lord Cobham, both
lord archbishop, torite, sone see that they power. Amen. ”
them which hath his auc can conueniently and
procurement
the daies Richard the Second, Anno 1365,
corrected
my vitermoost
and also king Henry the Third, Anno Dom. 1410, whervpon was growne this malice
the Clergy, and ty afore specified; but this was than workemanly rannouse Acte therevppon made. defeated other proper practise theyrs. They put the king remembraunce claime Neuer came this Abjuracyon the handes his right Fraunce, and graunted him there
The cruell Complaint
the lord Cobham, neyther was compyled
them for that purpose; but onely therwyth
bleare the eyes the unlearned multitude.
And whan they perceyued that polycye wolde
not helpe, but made more and more against
them, than sought they out other false prac
tyse. They went vnto the king with most
greuouse complaint, lyke they did afore
his fathers tyme, that euery quarter the leue's lerning) they shuld forfet land, catel,
wnto dime, with other great subsidy mony. Thus were Christes people betrayed euery way, and their Liues bought and sold these most cruell theues. For the said parlament, the king made this most blasphemouse and cruell acte, be law for euer, That whatsoeuer
they were that should rede the Scriptures the mother tong (which was then called Wic
realme, reason Wickleues opinions, and body,
the said lord Cobham, were wonderful conten and
tions, rumours, tumultes, vprours, confedera ennemics
tions, dissencions, diuisions, differences, discor ters the lande.
des, harmes, slaunders, scismes, sectes, sedici Besides this, was inacted that neuer ons, perturbacions, parels, vinlawfull assemblyes, sanctuary, nor priuileged ground within the variaunce, strifes, fyghtinges, rebelliouse ruffel realine, shulde holde them, though they were inges and dayly insurrections. The Church still permitted both theues and murtherers.
(they said) was hated; the diocesanes were not And case they wold not gyuc ouer, were obeyed; the ordinaries were not regarded; the after their pardon relapsed, they shulde suffer spirituall offycers, suffraganes, archdeacons, death two manner kindes; that they chauncelers, doctours, commissaries, offycials, shulde first hanged for treason against the
deanes, lawyers, scribes and sommeners were king, and then burned for heresy against euery where despysed; the lawes and liberties God, and yet neither both committed. The holy Church were troden vndre fote; the beginning that Act this, Pro quod Chrystem fayth was ruynouslye decayed; Gods magni rumores,’ &c. Anon after was pro
seruice was laught scorne; the spiritual ju claymed throughout the reame, and than had risdictyon, auctorite, honour, power, polycy, the bisshops, priests, monkes and Fryers, lawes, rytes, ceremonies, curses, keyes, censures worlde somewhat theyr mindes. For then and canonical sanctions of the Church were were many taken diuerse quarters, and suf
had vttre contempt. that ma fered most cruel death. And many fied out ner was come nought. the lande into Germany, Bohem, Fraunce, And the cause this was, that the Here. Spain, Portingale, and into the weld Scot
tikes and Lollards Wicleues opinion, were land, Wales, and Yreland, working their many
suffered preach abrode, boldly gether maruels against their false kingdoin, long
conuenticles vinto them, kepe scoles mens wryte. the Christmas followinge was syr houses, make bokes, compyle treatises, and Roger Acton knyght, Master Johan Browne
Sainct Gyles Felde London, purposing the destruction the land, and the subuercyon
the commonwelth. As the king was thus infourmed, erected banner (saith Walden) with crosse thereupon, the pope doth comonly his legate, when pretendeth warre against the Turke; and with great numbre men entered the same felde, where
found such company, yet was the
wryte ballets,
corners,
groues, and
wolde (they sayd) destruction the com soned. For all men at that time coud not monwelth, subuercion the land, and an paciently suffre theyr blasphemouse bragges. utter decay the kinges estate ryall, remedy The complaint was made vnto the king were not sought tyme. And this was their them, that they had made greate asemble
teach priuately angles and wodes, feldes, medowes, pastours,
caues the ground. This
policy, couple the kinges auctorite wyth that
they had done theyr former councell craft, and make thereby the stronger.
For they perceiued themselves very farre weake els follow against their ennemies, that they had largely enterprised. Upon this complaint, the king immediately called parliament Leichestre; might not those daics holden Westminstre, for the great
and godes from theyr heyres for euer, condempned for heretykes God, the crowne, and most errant trai
esquire, Johan Beuerlaye, learned preach er, and dyuerse other more attached for quar relling with certeine priestes, and impri
be
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253] STATE TRIALS, 1 IIENky V. 1413. −Sir John Oldcastle, for Heresy. [254
complaint judged true, because the byshoppes had spoken it at the informacion of their
priestes. All this hath Thomas Walden in diuerse of his workes, which was at the same
tyme a White or Carmelite Frire, and the king's confessour; and partly it is touched
both by Robert Fabian, and by Polidorus Vir gilius in their English Chronicles: but not in pointes rightly. the meane season [on
the feast Simon and Jude] John Olde castell the lord Cobham, escaped out the Towr London the night, and fledde into Wales, whereas continued more than four years after (d).
Some wryters haue thought this escape
come the said Roger Acton, and other gentlemen, displeasure the priestes, and that the chefe occasion their deathes, which might well but Walden doth not vtter which reigued the selfe same time.
January next following was the aforenamed syr Roger Acton, master Johan Browne, syr
found, unto the king, who sent the book again unto the archbishop, show the same hisser mons Paul's-Cross London, the end that the citizens and other people the realm might understand the purposes those that were called Lollards, bring them farther into discredit with the people. ]
Johan Beuerlaye and more (of whom the He the last, thus monied with Judas, and more part were gentylmen byrthe) conuicted outwardly pretending him great amity and
Heresy the byshops, and condempned
treason the temporalte, and according
the acte, were fyrste hanged and then brent
fauer, moost cowardlye and wretchedly toke hym, and conclusion sent him Lon don, whereas remayned moneth two
lord Cobham herewith was sore dismayed for ing them
most godly maner folowe the
them, taken,
who were were such
our lady. The abbot St. Albans sent the Book disfigured with scrapings and blottings
out, with other such writings there were
o God, scriptures;
that some trusted
laws
any wyse
written beware Christ
the
such teachers they
most, being counsel, his the same place were found books
and
devices.
written English, and some those books
time past had been trimly gilt, limned and beau
tified with images, the heads whereof had been
scraped off; and the Litany they had blotted
out the name our Lady and other saints, till scorn rejected him, but openly protested, they came the verse ‘Parce nobis Domine. ’ ‘That the Apostles Peter and Paul were Divers Writings were found there also dero
gation such honour then was thought due
(d) See the king's proclamation, with
had been indicted and out-lawed for high treason, and was executed upon that outlawry: the indictment itself inserted the end of this case; but appears many marks
o: apprehending him, romise reward for
forgery|for whichsee Fox's Acts and Mon. ] The
1414. Rym. Foed. 89.
the late Act.
Stow's Annals, 355, Holin, Chro.
(e) From hence, some suppose, called Ty-burn.
561 Hall's Chro. 58,
The latter Enprisoning and Death Cobham.
the Lord
the yeare oure Lorde 1415 dyed Thomas Arundell, which had bene Archbishop Caun terbury more than yeares, the great de struction Chrysten belieue. Yet died not his prodigiouse tyrannye with him; but suc ceeded with his office Henry Chichely, and
greatsort more the spryghtful spiritualtie. For their malice was not yet sated ageinst the good lord Cobham. But they confedered with the lord Powys (which was that time great goueruour Wales) feeding him with lordly giftes and promises, accomplysh their desyre.
the sayd Saint Giles Feld (e). the same imprysoned again the Tower. Upon the
yeare also was one Johan Claydon skinner, and one Richard Turmin baker, both hanged and brent Smythfilde that vertuous act;
Dec (1417) was brought before the parlia ment, and after long processe they condempned
him againe Heresy and Treason force
the afore named Act (f). He rendering
other quarters
small number, were thanks unto God that had appointed him
besides that was done Ingland, which was now throughly knowen.
[In the mean while (says Holinshed, vol. 560. ) the lord Cobham, who shifted from place place escape the hands them
who knew would glad lay hold
him, had conveyed himself secret wise into had been moost haynouse traitoure the an husbandman's house not far from St. Albans, crowne, and drawn forth into sainct Gyles within the precinct lordship belonging Felde, where they had set newe paire the abbot of that town the abbot's servants galowes. As was comen the place getting knowledge hereof, came thither
night, but they missed their purpose, for
was gone; but they caught divers his men,
whom they carried streight prison. The stode
suffre for his names sake. And upon the day appointed (25 Dec. ) was brought out
the Tower, with his armes bound behynd him, hauing very cherful countenaunce. Than was layd vpon hurdle, though
execution, and was taken from the hurdle,
fell down deuoughtly upon his knees, desyringe Almightye God forgeue his ennemies. Than
ess himself
not only with noble
and beheld the multitude, exhort
contrary
liuing, with many other special councels (g).
his last hours
priest, fered for that purpose,
was urged con whose service was of.
their conuersacion and
(f) pretended some historians, that
Sentence itself pursuance
plainly shewing
was executed
so
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255] STATE TRIALS, I HENRY V. 1413. -Trial and Eramination of [256
there, he would not confess to them, since one the king's-bench some years before, for levying
infinitely greater, God himself, was present; war against the king, was read the house.
and as for him only he implored and hoped for Being demanded what could alledge ar pardon, so to him alone he would make con rest Judgment, ran out into discourse fession of his sins. ' The cruel preparations of very foreign the purpose, about God's mer historments could make no impression of terror cies; and that mortal men, who would be upon him, nor shock his illustrious constancy: followers God, ought prefer mercy above but in him were seen united the fearless spirit judgment; that vengeance pertained only
of a soldier, and the holy resignation of a true christian. ] . Than he was hanged vp ther by the middle in chaynes of yron, and so consumed alyue in the fyre, praising the name of God, so long as his life lasted. In the ende, he com mended his sowle into the handes of God, and so departed hens most christenly, his body re solued to ashes. —And this was done in the
the Lord, and that his servants ought not in trench upon this prerogative the Almighty. Thus went on, talking widely from the bu siness, till, last, the chief justice desired the regent order the prisoner not make them lose any more time, but answer directly the point. After some pause told them, was small thing for him judged by them, man's judgment; and then began again ramble from the question, when the Chief Justice once more interrupted him, and
yeare of our lord 1417 which was the sixt yere
of the reygne of king Henry the fift, the people
ther present shewyng great dolour. How the
priestes that time fared, blasphemed, and cur bid him answer peremptorily, had any sed, requiring the people not to pray for hym,
thing object against the legality the pro cess? To this replied, with surprising boldness, “That had judge amongst them, nor could acknowledge them judges,
long his sovereign lord king Richard was living Scotland. ’ Upon this answer war rant was instantly signed for his execution, and
was ordered hanged and burnt. The “On the 18th of December and the 29th day first part his sentence was for Treason; and of this parliament, John Oldcastle, Cow the other for Heresy. Accordingly was exe
ling, the county Kent, knight, being out cuted gallows, built purpose
lawed upon Treason the king's-bench, and Giles's fields, being hung the neck, excommunicated the archbishop Canter chain iron, and his body, with the gallows, bury, for Heresies, was brought before the consumed ashes. Many are the disputes
lords; and having heard his said Conviction, between the protestant and popish writers, answered not thereto excuse; upon which about the character this nobleman, who was record and process was adjudged, That the first peer England that suffered for reli
should taken traitor the king and gion. The former crying him martyr realm that he should be carried the Tower truth; and the latter treating him with
London, and from thence drawu through better titles than an enthusiast, rebel, and
but to judge him dampned in hell, for that he departed not in the obedience of their pope; it were too long to wryte.
The following Account of the Condemnation and recution of the Lord Cobham is ertracted
spoke was
shop Canterbury's Instrument for his Ex procure that sect might live
communication, there also large. And
motion being made, that the lord Powis might have the thanks the house, and the reward the Proclamation mentioned, for apprehend
ing John Oldcastle, knight, the heretick
passed the affirmative. —Thus far sir Ro bert Cotton, and his publisher. What we have add, relative the Condemnation
quietness;' we can look upon him, thusiast. ”
this great man, his peers, chiefly from
Walsingham who says, that, when the parlia
ment was informed of sir John Oldcastle's be gate the apostolick see, our venerable
London wounded
cerning the unity and reformation the church England, convocation the prelates and clergy our province Canterbury, last held
the conflict, and placed before the duke regent and the other estates the realm;
The Archbishop Oldcastle,
Canterbury against the Lord
Hen. 1413. [From the Lambeth, and may found
Records Rymer's Fad,
61. ]
“Thomas, divine permission, archbishop
Canterbury, primate England, and le
Wales the lord Powis, they or brother Richard, the grace God, bishop
sent for up. He was brought London, health and brotherly love the horse-litter, having been much Lord. —Whereas our late consultation, con
ing taken dered him
and the Indictment drawn against him
~
from Cobbett's Parl. Hist. vol. 1. p. 336.
London the new gallows saint Giles's, without Temple-bar, there hanged, and
burned hanging. ” The Record out the
heretick. Mr. Goodwin says, “He had the qualities brave and gallant gentleman,
and was equally illustrious arts and arms:"
large; the effect whereof John Oldcastle, and others,
twenty men, called Lollards, saint Giles's aforesaid, did conspire sub vert the state the Clergy, kill the king, his brothers, and other nobles. ” The archbi
what Walsingham relates his beha his execution true, that when many
king's-bench “That the said
but,
viour
persons
words
adjuring him, ‘That the dead again,
the number
quality attended there, the last
Thomas Erpingham, saw him rise from
the third day,
would
peace and
this lat
ter part his life, little better than en
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957] STATE TRIALS, 1 IIENRY V. 1413. —Sir John Oldcastle, for Heresy. [258
in our church of Paul's, with the said pre the said John without leave but the lates and clergy, among other things was mediation one John Buttler, door-keeper
concluded us, and the said prelates and the privy-chamber clergy, next impossible, repair the rend should apply
our lord the king, John himself, for his leave order give him cita
ing our Lord's seamless coat, unless first certain great men the kingdom, the authors, abetors, protectors, defenders and
entertainers those hereticks, who are called Lollards, were severely reprehended, and re claimed from their errors, other means sailed,
the censure the church, assisted the secular arm —And accordingly, upon the most diligent enquiry the said convocation, the
enter his castle,
proxies the clergy, and others there assem impossible serve the said John personally
bled great numbers from each diocess our
said province, was found them, and made
known and presented us, that Oldcastle
knight, was and the principal receiver, allet great doors tor, patron and defender the same. —And ter, which that sent the Lollards preach about said castle the dioceses London, Rochester, and Here him
cited, and our edict fix’d ford, without any licences from the ordinaries publick and open view the great doors
tion castle, least that wou'd appear without the and suffer the citation be serv'd
upon him. —But John publickly answcred the said John Buttler, tho' the premises had made use the king's name, that wou'd
means cited, nor suffer any manner way such citation served upon hin. — Upon this faithful account given us, that was
with citation and we being fully persuaded
thereof, decreed that should cited
edict, which should publickly fixed the the cathedral church Roches but three English miles from his Cowling. Accordingly we caus'd
diocesans the places, contrary the sy the said church, charging him appear before
nodical constitution made for that purpose; and that was present the wicked preach ings the same, and silenced opposers met with, with threatnings and terrors, and the
September now past, and for the premises,
the second day personally answer
and other allegations
against him. —On the day appointed we held
power the secular sword —Asserting and court the greater chapel our castle
affirming, among-t other things, that we and Leeds, our diocess, which we then lived
our brethren the suffragans our province, and resided with our court; and after the ne
never had, nor have authority make any cessary proof the premises, and we had
constitution this kind. —And concerning the heard and receiv'd the relation, com
Sacraments the altar and penance, pilgri monly reported the parts where the said sir mages, adoration images, and the power John immures and fortifies himself his said
the keys, has believed, and does believe, castle, and defends his opinions contemming
—Wherefore the said prelates and clergy then “We caused Proclamation aloud and in besought us, that we would pleased pro open court, made for the said John ceed against the said sir John Oldcastle, for appear; and after proclamation made, and and upon the premises. —Hut reverence we had long waited, and not appearing, we our lord the king, (with whom the said sir John justly pronounced him, was, contuma was great favourite) and much out re cious; and then and the returned him ex spect the order knighthood, with our communicated, punishment for high brethren and sulfragans our said province, contumacy. —And because from the series and great part the clergy our said pro the premises, and other plain demonstrations vince, we waited our said lord the king, and evidences fact, we apprehend that the
and dogmatizes and teaches otherwise than the the keys the church, and impugning the Roman and universal church holds and affirms. archiepiscopal authority:
his palace Kennyngton; and making complaint against the said John, we some
measure represented the errors the said sir John.
said John strengthens and fortifics himself defence his errours against the authority the church, premised, (which gives great
handle suspect him heresy and schism) “But the instance our lord the king, we decreed against the said John, that
and our own desire reduce the said sir John the unity the church, without bringing him
should second time cited personally,
could found not, edict, before,
appear before the Saturday next after the feast the apostle and evangelist St. Mat we had from the king's own mouth, and un thew next ensuing, shew, has reason
open shame, we deferr'd for long time execution the premises. But forasmuch
der his hand, that his pains reclaim this able cause why ought not proceeded
publick heretick, schismatick, and
“To which our officer we gave command, meet. —At which time (namely, the Saturday
that should not any wise enter the castle next afict the feast Matthew, being the WQL.
inan had proved vain and ineffectual; we against thereupon decreed summon the said John enemy
appear before certain time now ought not
past, answer for and concerning the pre assistance the secular arm solemnly called mises; and we sent our officer with these our for against him personally propound, and citations the said John, then dwelling further answer, do, and receive concernini; his castle of Cowling. and singular the premises, what justice
heretical pravity
the Catholick Church, and why adjudged such, and the
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259]
STATE TRIALS, I HENRY W. 1413. —Trial and Eramination of [260
43d of Sept. as we held our court in the chap visible representation the sufferings
ter-house of St. Pauls in London, with our and the pious lives and martyrdoms the brethren, Rd. lord bishop of London, and saints, the remembrance those things might Henry of Winchester in sessions with us, sir the more easily impressed their minds Robert Morley knight and lieutenant of the but one abuses this representation,
Tower of London, appeared in court with the give that worship these images the saints, said John Oldcastle knight, and delivered which due the saints themselves, rather
him to us: -
“For had been arrested little before
the king's order, and confined the Tower.
Christ
him whom the saints themselves owe all honour and adoration, and putteth his confi
them, which only placed affected towards these senseless more devoted them than terms, and manner very courteous and God, my opinion guilty idolatry, and
To the said John Oldcastle thus personally appearing, we repeated, soft and moderate
nee God,
wickedly sins against God, the only object worship. –Lastly, am fully persuaded, that there abiding place upon earth, but that
F. ted and charged and upon the arti we are pilgrims either the way happi cles above mentioned, convocation the ness, tending misery that either
obliging, our proceedings against him,
they stand upon the journal the former day; namely, How the said John stood
presen
ow
for his contumacy. And, though his default
was come this, we notwithstanding shewed our selves ready and willing absolve him. —But the said John taking no Étice. this our overture, answered, He would
images,
and clergy our said province. And knows not, will not instructed in, nor
he had been cited and excoinmunicated
live God,
practice
the the commandments
vain for him expect salvation,
make profession, before and my said
went step
pilgrimage his life, either
Canterbury, Compostell, any the faith which believed and Romeplaces. ’”
maintained. For which giving leave, other
he desired, drew out his bosom an in “Sir John having thus read his Writing, we
the said writing, touching the held consultation about the contents of it:
was accused; which this and the advice and agreement the same, we thus applied the said John Oldcastle, “‘I John Oldcastle knight, and lord Cob the same time and place “Look you, Sir ham, desire may known Christians, John this writing yours, must con
and call God witness, that never have sessed there are contained many good things entertained, and, the help God, never and right Catholick; but this day was ap
will entertain any persuasion, which not con pointed you answer other points, which sistent with firm and undoubting belief savour error and heresy, which your decla the sacraments, which were ordained and ap ration has not fully answered; and therefore
reth
tho'
the world: and
pilgrimage into quarters
the other side, that lives
the holy commandments
went
obedience
God, will undoubtedly sav'd, tho’ never
ren,
dented writing, and there openly read the con with our brethren the bishops abovementioned, tents and afterwards with his own hand and divers other doctors and learned men,
presented Articles whereof
the copy
his you ought explain yourself more clearly
the those points, and more particularly declare
pointed Christ himself for the use
church. oreover, that my faith,
four points alledged against me, might
clearly understood, declare, First all, That writing, viz. Whether you hold, believe, and
more your faith and assertions expressed the said
believe that the adorable sacrament of the
altar, the very body Christ does exist, under
the species bread the same body, mean,
that was born his mother Mary, that was believe, and affirm, that the sacrament crucifyed for us, that dy'd and was bury'd, penance, necessary, where priest can be and rose again the third day from the dead,
and was exalted the right hand his eternal
undergo such penance for the sinful part
them, true confession, undissem with much patience, and
bled contrition, and lawful satisfaction, mani affectionate manner: “Sir John, behoves you fests self agreeable the holy scrip
tures, without which none can hope for salva
tion. Thirdly, with respect Images, hold
that they are ingredient the Christian
belief, but, long after the publication the
faith Christ, were introduced into the world, abide his former answer, and afford no by the permission the Church, other.
calendar the laity and the ignorant, that “We therefore advised with our brethren the
[. . . "
chiefly necessary
father, where
now sits partaker with him for the Sacrament penance,
said John, answered, expressly, That would not declare himself otherways, nor re
elieve for that desire saved, amend their wicked lives, and
turn any other Answer, than
his said Writ the said John,
courteous and
affirm, that the sacrament the altar, after consecration the priest, there remaineth ma terial bread not Also, whether you hold,
had, confess your sins the priest, ordained the church 2'—To which state the ques tions, amongst many other things said the
ing. Upon this we replied
consider well this matter, because you don't return' clear answer the articles ex
hibited against you, within the time assigned
the judge, we may proceed pronounce and
declare you heretick. ” But John would
to
by is by
: toit, of
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he
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in by in
of it be as it
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In
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to I is it
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to
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it
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of
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into
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:
sir
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sirit a
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to
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to in to
of or of he
be is is
of of
of sir we
it
of of he beof
in or to of sir be he or
us if by to as of by he of as toofofof of in to:
201] STATE TRIALS, I HENRY W. 1413. —Sir John Oldcastle, for Heresy. [262
bisbops above-mentioned, and others of our September, we assembled with our brethren the council, and by their advice we declared to the bishops above-mention'd, with the addition,
said John Oldcastle, what the holy Roman our order and command, our venerable bro Church, following the doctrines St. Austin, ther Benedict, the grace God bishop
St. Jerom, and St. Ambrose, and other fathers, Bangor. And our counsellors and officers, these points, had determined; which deter namely, Mr. Henry Ware, official Canter minations Catholicks were obliged sub bury; Philip Morgan, doctor both laws; mit To which the said John gave for Howel Kyffen, John Kemp and William Carle
Answer; ‘That would readily assent and ton, doctors the canon law; and John Wit observe the determinations and decisions of nam, Thomas Palmer, Robert Wombervel,
holy church, and that God required him
believe and observe; but that our lord the
pope, the cardinals, the archbishops, and bi
shops, and other prelates the church, had
power determine such things, would Examinations, the Trial, were and every
means affirm. ’ We, still patiently bearing them sworn upon the holy evangelists, with him, hopes might better informed they would answer God and the world,
mature deliberation, promised the said John, That certain determinations, relating the points above-mentioned, and which ought give clearer Answer, should
translated from the Latin into English, that might the more easily understand them, and they published for his use. And we com mended and affectionately entreated him prepare and deliver full and clear answer
the same Monday next following.
“And we caused these determinations be
faithfully discharge their duty that day, the matter and cause above-mention'd.
“After this Robert Morley knight and lieu tenant the Tower London, brought sir John Oldcastle into court, and set him before
That after consecration priest mass,
the substance the bread chang'd into the
material body Christ, and the substance
the wine into the material blood Christ; things answer'd and said, “That Christ, therefore after consecration, there remaineth
not any the substance bread and wine, which were both before What Answer
do you give this Article —Also holy church hath determined, that the duty every Christian living the world, confess his sins priest, ordain'd the church,
when liv'd upon earth, had the divine and human nature united together him, and the divine was veil'd and cover'd under the human, and only the human visible and outward;
the sacrament the altar, there the very body Christ, and real bread too; the bread the thing we see with our eyes, and the body
Christ, which hidden under we not see. ' And the faith about this Sacrament of the Altar, express'd the Writing which we sent him, determin'd the holy Roman
has the opportunity
such an one. What are this Article —Christ or his vicar earth, whose see the church Rome; and that all the successors Peter, who are now called the popes Rome, should succeed the same
wer and authority with which Christ invested im; by whose special power are constituted
and ordained prelates particular churches, archbishops, bishops, curates, and the rest
your sentiments dain’d St. Peter
the ecclesiastical order; owe obedience, according the Roman church. This
which all Christians
the traditions the determination
grandiz'd and corrupted, and not before: “To the Articles about Penance and
Con
holy church, and what your opinion this
Article? —Besides these, the holy church hath ordain'd, that the indispensable duty every Christian man pilgrimage holy places, and there adore the sacred re licks the apostles, martyrs, and confes
sors, and all the saints the calendar
the Roman church. How you hold this Article
“On Monday the 25th the said month
fession, answer'd these words: “That any one entangled the snares sin, that knows not how extricate himself,
John Withead, Robert Chamberlain, Richard Doddington, and Thomas Walden, doctors divinity; also James Cole and John Stevens, our notaries, both called assist, and take the
To whom we affably and courteously re
peated the Proceedings before, told him, How
stood, excommunicated;
the former day, and, had been, and still and we intreated and
translated the same day, and delivered
into his own hands the next Sunday, the tenor ‘That desired absolution from us, but
of which determination follows: “The faith
and determination the holy catholick church, concerning the sacrament the altar, this,
only from God. '—Upon this we prayed the said sir John, with air kindness and con
cern, give his full Answer the Articles exhibited against him. And first we demand what had say about the Sacrament
besought him desire and accept absolu sion, the usual form the church. To which sir John then answered these words:
the Eucharist To which Article, among other
church and the fathers, the determination
the determination such determination
expressly deny'd
the church, or, was
the church, asserted made contrary the
holy scriptures, and after the church was ag
advisable and expedient for him apply some pious and discreet ininister for ghostly
counsel
his own good
but that he should confess his sin to
any other priest, tho' had never opportunity, not necessary
salvation, because such sin can for given only upon contrition, and that alone can the sinner clear'd. ’—Concerning the
Adoration the Holy Cross, then declared
of
do in
go isisto on
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of
of
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to of is
of
ofas
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263]
STATE TRIALS, 1 HENRY V. 1413. –Trial and Eramination of [264
and asserted, “That the body of Christ, which holy Roman and universal church, relating hung upon the cross, ought only to be wor those points. And tho' we found had snipp'd, because that body was and is the only apostatiz'd from the catholick faith, and was
adorable cross. ’ And being ask'd what honour confirm'd his error, that would not he allow'd to the image of the cross 2 he an confess nor clear himself nor disavow swer'd in these express words; “That to keep it; yet forbearing him paternal love, and it clean and in his closet, was the only honour out sincere desire his salvation, we al he vouchsafed it. ”—As to the power of the low'd him competent time deliberation, and Keys, our lord the pope, archbishops, bishops, wherein might repent and reform himself. - and other prolates, he said, ‘The pope and But forasmuch we have experienced the said
we together made up the true antichrist : the sir John incorrigible and irreclaimable, pope was the head, the archbishops, bishops, we last with grief and heaviness heart,
and other prelates the body and limbs, and obedience what the law requires, proceed
the friars the tail of antichrist; To which pope, give sentence definitive against him—In the archbishops, and prelates, there was no obedi name Christ, and having his honour only cnce due, any further than they imitated Christ, vicw; forasmuch we have found divers and Peter, in their lives, manners, and conver acts done, produced, and exhibited indica sation; and that he is the successor of Peter, tions, prosumptions and proofs, and many other
who follows him in the purity of his life and kinds conversation, and no other. ’ knight
“The said John added, addressing himself follower
w$ith. loud voice, and extended hands,
evidence, that John Oldcastle really and truly heretick, and
hereticks, against the faith and re the ligion the holy Roman and catholic church.
and particularly with respect the sacraments
that were present “Those who
ment upon me,
demn me, will seduce you all, and themselves, darkness and iniquity, has hardened his and lead Hell take therefore good heed heart that degree, that refuses hear
udg
and are desirous
penance; that,
con the eucharist and child
them. ” Upon his saying this, we apply'd the voice his pastor, and will not pre the said sir John, and Lesought him, with vailed upon gentle monitions, nor reduc’d
tears our eyes, and exhorted him the most compassionate manner we could, re
turn the unity the church, believe and embrace the faith and doctrine holy church.
To which return'd this peremptory Answer: “That he would not believe nor maintain
soft persuasions, tho’ the merits our cause, and the demerits his own, had di ligently canvassed and weighed, and aggra wated the wickedness his error his damn able obstimacy we unwilling that should contract further degrees guilt, infecting others with the contagion heresy, the
otherwise than he had before declar'd. ”
“Seeing therefore was harden'd his advice and consent of inen famous for discre
errors, that we had hopes working tion and wisdom, our venerable brothers, the him renounce them, we proceeded with re lords, Rd. bishop London, Henry bishop gret and bitterness heart, pronounce the Winchester, and Benedict bishop Bangor, following definitive Sentence and some other doctors divinity,and canon
the name God, Amen. We Tho and civil law, and other religious and learned mas, divine permission, archbishop and persons, called our assistance: we pe—
the holy church Canter remptorily and definitively, this present writ England, and legate the ing, judge, declare, and condemn the said sir Whereas our last convoca John Oldcastle for an heretick, convicted of the
humble minister
bury, primate
apostolick see
tion the clergy
bury, holden the cathedral church saint
Paul, London, after consultation upon several
heretical tenets, and strict inquiry made who
were the authors and abettors the same, sir
John Oldcastle, knight, and lord Cobham, was
detected and presented and for the said
heresies, having given great scandal through ment. —And furthermore, we have excommu out our province Canterbury, openly and
our province Canter detestable crime heresy, and utterly refusing
avowedly professing the same; upon the ad
dress and representation the clergy
the said convocation for process, we proceed according law against the said John,
doctrines, tenets, and determinations the affection error, shall hereafter counte
and (as God knows) with the equity and
favour that could possibly shew'd and, fol
Howing the steps Christ, who would not the might promulg'd and known christians, death of sinner, but rather that he should be we charge and enjoin you, forasmuch the converted and live,' we endeavour'd reclaim said sir John Oldcastle was and condemned the said John, and try’d ways and means for an lic retick, Schismatick, and that we could devise to reduce him the erroneous
the above-mention'd articles, and unity the church, declaring unto him the also other persons, who out favour
reconciled the church repentance, and apostate from those doctrines, the above
mentioned articles especially, which the holy Itoman and catholick church holds, teacres, and hath determined and we leave him from
henceforth heretick, the secular Judg
nicated, and these presents denounce excommunicated, the said heretick, and all
others who shall hereafter, favour his error, countenance, defend, afford him any counsel, aid, comfort deeming such person
persons abettors, encouragers, and de
fenders hereticks —And that these premises
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265] STATE TRIALS, 1 HENmx V. 1 413. —Sir John Oldcastle, for Ifercsy. [266
mance, defend, or afford him any counsel, aid, errores manifestos legi catholicae repugnantes or coumfort, are excommunicated, as deeu'd diu temerarie tenuerunt, opiniones errores abettors, encouragers, and patrons of hereticks, prædictos manutenere, facto minime per according to our said definitive sentence, to implere valentes, quandiu regia potestas, t:um give orders and directions to your priests and status regal' Domini nostri Itegis, quam status curates of your respective cities and dioceses, officium Prælaciæ dignitatis infra regnum in their respective cburches, when there is tne Angl' prosperitate perseverarent, falso pro greatest congregation of people, to declare, ditorie-machinando, tam statum regni, quam publish, and expose with loud and audible statum officium prælatorum, necnon ordines voice, and in our mother tongue, the s:uid he religiosorum infra dictum regnum Angl' penitus retick, and hereticks, according to our said de adnullare, Dominum nostrum Regem, fra finitive 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 occu into concerning these matters, and our pro pationes mundanas provocare, tam ecclesias
ceedings upon them, inight be rectity'd by tbis
publick declaration. —Moreover, we w and
command you the bishops here present, take
copies hereof word for word, and send one each bishop our province Canterbury, that
cathedrales, qua:m alias ecclesi;is domos reli giosas reliquis aliis bonis ecclesiasticis
totaliter spoliare, funditus terram proster nere, dictum Johannem Oldcastle regentem ejusdem regni constituere, quamplura regimina
all and every them may publish, intimate secundum eorum voluntatem, infra regnum and declare, and cause their respective prædictum, quasi gens sine capite, finalem pricsts and curates publish'd, their se destructionem, tam fidei catholicæ cleri, veral cities and dioceses, the manner and form quam status majestatis dignitatis regal' infra
this our proceeding, and also the said Sen idem regnum ordinare, falso proditorie ordi tence promoünced us, and and singular naverunt proposuerunt, quod ipso insimul conteiits the same. —And, lastly, we require cum quampluribus rebellibus Domini Regis
you and theum, that this business dis ignotis, numerum viginti millium hominum patch'd with convenient expedition and diversis partibus regni Angl' modo guerrino that you and they duly and punctually ad arrivat', privatim insurgcnt', die Mercurii vise and certify the time receiving proximo post festum Epiphaniæ Domini, anno these presents, and how this our command has regni Regis prædicti prædicto, apud villam been executed, your and their letters patent, parochiam sancti Ægidii extra Barram veteris
according the tenor hereof. —Givem palace Maydstone, the 10th day tober, the year our Lord 1418,
Templi London, quodam magno campo ibidem unanimit' convenirent, insimul ob viarent pro ncphando proposito suo prae missis perimplend'; quo quidem die Mercurii apud villam parochiam prædicti Oldcastle
alii hujusmodi proposito proditorio per
severantes, prædictum Dominum nostrum I{e-
our Oc
and
[forged]
Jajn Oldéastle, Lord Cobham, for High
Treason. [Hil. Hen. Rot. I. ]
Alias coram Gulielmo Roos Hamlak, Hen
rico Scrop, Gulielmo Crow mere Majore civi
tatis London, Hugone IIu's sociis Justic'
JDomini Regis, inquirend' per sacram' pro
borum legal' hominum civitate Domini
IRegis London, suburbiis ejusdem, com'
Midd' tam infra libertates, quam extra, om
nibus singulis proditionibus insurrectioni
bus, per quamplures subditos Domini Regis ibidem versus campum prædictum modo guer Lollardos vulgarit' nuncupatos, alios civi
tate, suburbiis, com' prædictis factis per
petratis, necnon omnibus proditionibus, in
Surrectionibus, rebellionibus, feloniis civi
tate, suburbiis, com' præd' per quoscunque
our translation
the 18th. "
The
Indictment and
Outlawry
Sir
qualitercunq; factis, perpetratis eas
deih proditiones, insurrectiones, rebelliones,
feloniàs audiend' terminand' secundum legem non omitteret, &c. quin caperet præfatum Jo
consuetudinem regni Domini Regis Angliæ, hannem Oldcastle, &c. salvo, &c. ita per literas ipsius Domini I{egis patentes, assigo' quod haberet corpus ejus coram Domino Rege apud West' die Mercurii proximo post festum apud Westmonasterium hunc diem, scilicet Epiphaniæ Domini, anno regni Regis Ileurici die Mercurii proximo post octavas sancti quinti post conquestum primo, per sacram' xii. Hilarii, isto eodem termino respondendum
jur' extitit præsentatum, quod Johannes Old Domino Regi præmissis, &c. Ad quos diem [castle Coulyng com' Kanc' chr' alii locum coram Domino Rege Vic', quod exigi Lollardi vulgar' nuncupat', qui contra fidem faceret eum com' com' quosque utlagetur, catiolicam diversas opiniones hæreticas, alios nom, &c. &c. tunc eum caperct, sul
gein, fratres simos (videlicet, Thomam ducem Clarenciæ Johannem, Lancastre, Hum
fredum Lancastre) necnon prælatos mag nates prædictos interficere, necnon ipsum Do
minum nostrum Regem, hæredes suos, regno suo prædicto exhæredare, præmissa
omnia singula, necnon quamplura alia mala intolerabilia, facere perimplere falso
proditorie proposuerunt imaginaverunt,
rino arrivati' proditorie modo insurrectionis contra ligeancias suas equitaverunt debel
landum dictum Dominum nostrum Regem, nisi per ipsum manu forti gratiose impediti fuissent.
(Quod quidem inditament' Dominus Rex nunc, certis de causis, coram venire fecit terini nandum. Per quod præceptum fuit Vic', quod
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267] STATE TRIALS, 3 HENRY VI. 1424–Proceedings against [26s
vo, &c. ita quod haberent corpus ejus coram com' Midd' centum apud Braynford die Jovis Domino Rege octavas sancti Johannis Bap proximo ante festum Barnabae Apostoli, an'
tista tunc proximum sequentem, ubicunque, &c. respondendum Domino Regi pro ditionibus feloniis superius sibi impositis.
reg' Hen’ quint' post conquestum secundo; quatuor com’ tunc proximo praece
dentes, prædictus Johannes Oldcastle exactus Ad quas octavas sancti Johannis Baptistae, an' suit, non comparuit; quia nullum eo regni Henrici quinti post conquestum secun rundem com'comparuit, ideo praesentibus Coro
do, Johannes Sutton Jo’ Michell' Vic' Mid', natoribus com’ praedict; utlagat’ fuit, per quod coram Domino Rege returnaverunt, quod inquiratur terra catallis suis.
21. Proceedings, upon post facto Act, against John MoR TIMER, for making his Escape from Prison. Hen. VI. A.
1424. Cobb. Parl. Hist. 350. ]
SIR John Mortimer, Bishop's Hatfield, him the regal power his due. Lastly, that
Hertford, having been indicted the oath one King, servant Robert Scot, keeper
when he came into Wales, the earl March would not accept his service, nor engage the cause, would then into France, and as
the Tower London, upon the Statute
Escapes; act was made this parliament on sist the French king against Henry, and did purpose destroy him, alledging several other not doubt but the end should gain his Articles against him. As, first, “That the said design. ”—It appears the Record, that this sir John had contrived with him break out John Mortimer had been committed pri
his imprisonment, and had promised him soner the Tower, for suspicion Treason immediately reward 40l. year, aid done against the late king, from whence
ing and assisting him his escape; and af had made his Escape the first year this reign. terwards an earldom. Second, that the said For which escape alone, we suppose, was
John told him, that after his escape indicted, and this indictment, the authority
would into Wales the earl March; and, parliament, was allowed good. And having raised 40,000 men, would enter the the said sir John being again apprehended and kingdom again, and cut off the heads the brought before this parliament, Judgment was protector and the bishop Winchester. Third, given against him, carried back the he had told this informant, that the earl of Tower, and drawn from thence Tyburn, March was rightful heir the crown Eng there hanged, drawn, and quartered; his land, and that after him he was the next heir; head set London bridge, and his four quar
the city.
Winchester, [Cotton. Hall.
wherefore, the earl March refused re ters the four gates cover his right, himself would take upon
22. Proceedings against HENRY BEAUMoNT, Bishop for High Treason: Henry VI. 1426.
Cobb. Parl. Hist. 354. ]
Holling.
ABOUT this time was, that dangerous becoming his high place and state. this quarrel was set foot between two very great situation the bishop, however, thought proper men, both chief supporters the house write letter the duke Bedford, regent Lancaster; Humphrey, duke Gloucester, France, come over and endeavour heal lord protector, and Henry Beaufort, the rich matters between them. The duke came ac bishop Winchester, great uncle the king. cordingly, and calling council the chief no The latter these, his magnificence and bility Saint Albans, many hot contests arose; grandeur, seemed much out-shine the and, nothing being concluded that time,
Protector himself, though almost the throne,
that drew him the odium and jealousy the other. The haughty spirit the bishop,
being legate the pope England, was great, that the Protector could not endure his pride; and such implacable enmity grew between them, that great parties were raised, on both siles, for each other's defence.
short, civil war, was much dreaded, would
was adjourned Northampton, but little purpose; till, last,it was determined,that these
differences should referred parliament. Accordingly, writs summons were issued out, dated Westminster, Jan. 1426, for one
meet, Leicester, on the 18th Feb. At which time and place being assembled, the great hall the Castle Leicester, much care had been taken prevent any tumults between the great trains the protector and the bishop, strictly prohibiting any person what
the consequence; and, their mutual
friends could do, was not sufficient pacify
the mind the Protector, make the Pre soever, come thither with swords any late yield any further, than, thought, was other warlike weapon. Which order, though
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269] STATE TRIALS, 4 HENny VI. 1426. —Bp. of Winchester, for High Treason. [210
it was literally observed, yet the lords and This all the account which sir Robert Cotton their attendants came armed with batts, or has thought extract, relating this strong great clubs, on their shoulders; from whence contention between these two noblemen; who, this meeting got the name of “The Parliament though nearly related uncle and nephew, of Bats;” but this, also, as soon as it was yet still carried that implacable malice t. ak. e"n notice was prohibited. Being all, against each other, which ended not but the
s
ai
young king being there, also, present, Chronicles of Hall and Hollingshead are not
sat peaceable manner, afore death one both them. However, the
d,
the bishop Winchester, lord chancellor silent this matter; they tell us, that when
the
England, declared the cause the sum the affair the quarrel was brought before the mons, very short manner; for, after telling parliament, and each party allowed plead his them that the king's will was, that estates cause freely, the Protector, who looked upon should enjoy their liberties, took his subject himself the person aggrieved, exhibited five from these words Saint Paul Sic facite Articles against the bishop, which salvi sitis. These the learned prelate divided was urged give his Answer. Which Arti
into three parts, and referred them “First God, for protecting the faith the church,
against invasions from Lollards and Here tics: 2dly, imparting sound counsel; and,
ject, their liberal grants. which ter, deny admittance him the said duke desired, that every estate this parliament Gloucester, then being Protector the king
lastly, granting the several needful subsidies.
By which, affirmed, three virtues and con
veniences would follow, viz. glory God,
protecting his faith; honour the king,
receiving good advice; and peace the sub encouragement the said bishop Winches
would labour; and that the commons would chuse, and the next day present, their Speaker. ’
dom, into the Tower, contrary reason and duty, and derogation the kings authority. To this Article the bishop answered, “That
while the duke Gloucester was gone into Hai nault, happened that many pamphlets and reports being dispersed and down the city London tending rebellion, was ordered
—The same day the commons presented, be fore the king, Richard Vernon, knight,
their Speaker; who, with the common pro testation, was allowed.
Then the commons expressed their great
dislike to the Dissentions bctween duke Hum the lords his majesty's council, that Richard
cles and Answers are follow:
Articles Accusation presented the Parlia ment the Duke Gloucester, against Henry, bishop Winchester, with his An swers them severally.
“That Richard Woodvile, esq. keeper the Tower London, did the instigation and
phrey, and the bishop Winchester, and Woodvile, esq. should with sufficient number
moved for their reconcilement. On which, the duke Bedford, some bishops, and other lords, made solemn decree amongst themselves, hear and determine the said difference, without favour affection. Which order, after every one the lords had sworn observe, they sent copy the commons. They then proceeded the matter, and, length, caused
the said duke and bishop, their formal in struments, have their disputes compro
armed men have the keeping the Tower, and should not permit any man come into the Tower stronger than himself, without the
special eommandment the king, the ad vice his council. After this strict charge the duke Gloucester returning out Hainault, and not approving the fortifying the Tower,
told the citizens, who were dissatisfied
‘That had been England should not have been so;' and immediately going the
mised, o
and referred the decision of select
Woodvile, not daring give him entrance, came the
committee certain bishops and lords; who, after some time, came this resolution first, that the said bishop of Winchester should sub mit himself the inercy;
Tower demanded admittance, but
which did accordingly. And, then the duke Bedford, open parliament, pronounced the said bishop
and that before admitted ought provide himself
innocent what was alledged against him, that procured person murder the late king, when was prince, the murderer
the king and council for the former order. ”— Winchester, without the
the duke Gloucester,
his majesty's privy council, contrived and purposed lay hands majesty's person, and have removed him from Eltham, the
himself confessed who was drowned earl Arundel. And, also, that
the should
have de
awarded the said committee, that the put him under the government such persons
counsel and advise the said prince
posed Henry IV. his father. Likewise, was
place that was then in, Windsor, there
bishop should acknowledge his offence the duke Gloucester, and, submissive man
ner, ask his pardon; that the said duke should freely forgive him; and, token thorough
reconciliation, each should take the other
the hand; which was accordingly done before the whole assembly.
pleased. The bishop's answer this
article was, “That never could propound himself any advantage removing the king, taking him into his custody charge, nor did ever intend meddle with any thing about the
king's person without the advice the privy council, time and place could prove. ”—
bishop Winchester for advice, who told him, that the duke Gloucester took more upon
sufficient warrant his doing contrary
him than
him into the Tower,
That the bishop advice consent
ought,
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2, 1] STATE TRIALS, 28 HENRY WI. 1451–Proceedings against the [272
3. That the bishop of Winchester knowing that appoint them judges, that might vindicate his the duke of Gloucester had resolved to prevent honour, else leave him sue out his right his design of seizing the king's person at El before suitable judges. ”—6. That the bishop of 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
Winchester bad, his letter the duke Bedford, plainly declared his malicious purpose
assembling the people, and stirring up re bellion the nation, contrary the king's way; wh. ich against the king's peace, and peace. The bishop's answer was, “That he
wark, to have killed him, if he had passed that
duty true subject. The bishop's defence was, “That true indeed that did pro vide certain number armed men, and set them the foot London-bridge,
never had any intention disturb the peace the nation, raise any rebellion, but sent the duke of Bedford come over hastc.
so
for his own safety and defence, being informed
and gathered together company citizens for
that end. ”—4. That the late king Henry
told him, that when was prince, man was
scized his chamber, who was hid behind the
hangings, and confessed after his apprehension,
that was set work the bishop Win
jlaces, without any intention
by several
field, such brother
the duke
but
“That
adventure
you have here:’ did not mean any de sign his own, but concerning the seditious assemblies masons, carpenters, tilers and plaisterers, who being distasted the late act
persons,
Gloucester had purposed bodily harm him,
chester, kill the prince his bed. He was
Glocester,
merely
letter, the land
settle things that were prejudicial
any bodily peace and though had indeed written
that the duke
and other
the
tarried, put we shall
pariiament against excessive wages those trades, had given out many seditious speeches
and menaces against the great men, which tend ed much rebellion; and yet the duke Glou
cester did not use his endeavour, ought have done his place, suppress such un lawful assemblies, that feared the king
and his good subjects must have made field withstand them prevent which,
chiefly desired the duke Bedford come over. ”
This Charge, and the Answers being thus delivered into the parliament, the further
the
delivered the earl Arundel, who drowned
him sack the Thames To this accusa
tion the bishop replied, “That was ever
true and faithful subject his sovereigns, and
never purposed contrived any treason against any their persons, and especially against his
sovereign lord Henry And this thought was sufficiently evident any, that considered
the great wisdom and courage king, and the great trust reposed
long remained king, which
not have done had found him guilty unfaithfulness him while was prince. ”—
the said him
examination was
the houses devolved lords, who having tho matters, acquitted the
bishop, and formal award enjoined them firm friends for the future; and such in ducements wrought upon them, that they shook hands, and parted with outward signs per
upon select number would roughly examined
such
That the bishop Winchester the sick
ness king Henry advised his son prince
Henry, assume the government the na fect love and agreement, which gave mighty
tion before his father's death, the said prince satisfaction people, both the clergy himself told him. The bishop replied “That and laity. And the king, the advice his this was mere calumny, which could not council, made magnificent feast Whitsun proved; and hoped the parliament would tide, rejoice for this happy reconciliation.
23. Proceedings against WILLIAM DE Pole, duke Suffolk,
for High Treason: 28 Hen. VI. 1451. Cobb. Parl. Hist. 386. ]
IN the parliament which met Westminster, being but knight, and taken prisoner, had on the 22nd January 1451, came on the paid for his ransom 2000l. That had been Trial the duke Suffolk, on several Arti the Order the Garter thirty years, and
cles High Treason which, because saw
that he could not avoid, he moved for himself.