A Complete Collection of State Trials and Proceedings for High Treason and ...

[Hall and Lord Bacon.]

25. The Trial of Sir WILLIAM STANLEY, knight, for High Treason: 10 Hen. VII. A. D. 1494-5. [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 dryness and brevity, only writes, that about Christmas 1494 sir Robert Clifford impeached sir William Stanley, and that sir William was beheaded the 15th of February following. 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 interesting. 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.]

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 syr Robert Clyfford was there presented to hys person, which thinge he used under this pre tence, that if syr Robert Clifforde had accused any of the nobilitie to be partakers of this ungracious fraternitie and diabolical conjuracion, 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 many mens heddes of this kuyghts goynge into Flaunders. Some men belde this opinion, that kyng Henry for a polecy dyd sende him as a spye to Flaunders, or els he would 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,

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 alsó hys frendes were suspected and had 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 the very sonne of kynge Edward. But to my 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 he shortely obteyned. And after 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 prevý counsayll. When he had so sayde, the kyng was greatly dismayed and greved, that he shoulde he 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 bys 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 bym to be restrayned from his libertie in his awne chambre within the Quadrate Towre. And there appoynted bym by his prevy counsayll to be examined. In whiche examinacion he nothinge denyed, but wisely and seriously did astipulate and agree to all thinges layed to hys charge, if he were in any of theim culpable or blame woorthy.-The reporte is, that this was his offence. When 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

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-hill 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 be 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. When the king perccaved that his stomack began to canker and waxe rusty, he was with him not

a litle displeased, and so when both their hartes were euflamed 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 begon sedicion might the soner be repressed, and for 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 pacetied themscifes, and beganne to turne to their kynge and naturall liege lorde.

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 son Henry was created duke of York; and as well the duke, as divers others, noblemen, knights batchellours, and gentlemen of quality, were made knights of the bath, according to the ceremony. Upon the morrow after Twelfthday, 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 craved the king's pardon, which the king then granted, though he were indeed secretly assured of his life before. Then commanded to tell

his knowledge, he did amongst many others (of
himself, not interrogated) appeach sir William
Stanley, the lord chamberlain of the king's
houshold. The king seemed to be much amazed
at the naming of this lord, as if he had heard
the news of some strange and fearful prodigy.
To hear a man, that had done him service of
so high a nature, as to save his life, and set the
crown upon his head; a man, that enjoyed by
his favour and advancement so great a fortune,
both in honour and riches; a man, that was
tied unto him in so near a band of alliance, his
brother having married the king's mother; and
lastly, a man, to whom he had committed the
trust of his person, in making him his chamber-
lain; that this man, no ways disgraced, no
ways discontent, no ways put in fear, should be
false unto him. Clifford was required to say
over again, and again, the particulars of his
accusation, being warned, that in a-matter so
unlikely, and that concerned so great a servant
of the king's, he should not in any wise go too
far. But the king finding that he did sadly
and constantly (without hesitation or varying,
and with those civil protestations that were tit)
stand to that that he had said, offering to jus-
tifie it upon bis soul and life; he caused him
to be removed. ́And after he had not a little
bemoaned himself unto his council there pre-
sent, gave order that sir William Stanley should
be restrained in his own chamber, where he
lay before, in the Square Tower. And the
next day he was examined by the lords. Upon
his examination he denied little of that where-
with he was charged, nor endeavoured much
to excuse or extenuate his fault. So that (not
very wisely) thinking to make his offence less
by confession, he made it enough for condem-
nation. It was conceived, that he trusted much
to his former merits, and the interest that his
brother had in the king. But those helps were
over-weighed by divers things that made against
him, and were predominant in the king's na-
ture and mind. First, an over-merit; for con-
venient merit, unto which reward may easily
reach, doth best with kings. Next the sense
of his power; for the king thought, that he
that could set him up, was the more dangerous
to pull him down. Thirdly, the glimmering of
a confiscation; for he was the richest subject
for value in the kingdom; there being found
in his castle of Holt forty thousand marks in
ready money, and plate, besides jewels, hous-
hold-stuff, stocks upon his grounds, and other
personal estate, exceeding great. And for his
revenue in land and fee, it was three thousand
pounds a year of old rent, a great matter in
those times. Lastly, the nature of the time;
for if the king had been out of fear of his own
estate, it was not unlike he would have spared
his life. But the cloud of so great a rebellion,
banging over his head, made him work sure.
Wherefore after some six weeks distance of
time, which the king did honourably interpose,
both to give space to his brother's intercession,
and to shew to the world, that he had a conflict
with himself what he should do; he was ar-

raigned of high-treason, and condemned, and
presently after beheaded.--Yet is it to this day
but in dark memory, both what the case of
this noble person was, for which he suffered,
and what likewise was the ground and cause of
his defection, and the alienation of his heart
from the king. His case was said to be this:
that in discourse between sir Robert Clifford
and him, he had said; that if he were sure,
that that young man were king Edward's son,
he would never bear arms against him. This
case seems somewhat an hard case, both in re-
spect of the conditional, and in respect of the
other words. But for the conditional, it seems
the judges of that time (who were learned
men, and the three chief of them of the privy
council) thought it was a dangerous thing to
admit ifs and ands, to qualifie words of trea
son; whereby every man might express his
malice, and blanch his danger. And it was
like to the case (in the following times) of
Elizabeth Barton, the Holy Maid of Kent;
who had said, that if king Henry the Eighth
did not take Katherine his wife again, he should
be deprived of his crown, and die the death of
a dog.' And infinite cases may be put of like
nature. Which (it seemeth) the grave judges
taking into consideration, would not admit of
treasons upon condition And as for the posi-
tive words, that he would not bear arms
against king Edward's son;' though the words
seem calm, yet it was a plain and direct over-
ruling of the king's title, either by the line of
Lancaster, or by act of parliament. Which
(no doubt) pierced the king more, than if Stan-
ley had charged his launce upon him in the
field. For if Stanley would hold that opinion,
that a son of king Edward had still the better
right, he being so principal a person of autho、
rity, and favour about the king; it was to
teach all England to say as much. And there-
fore (as those times were) that speech touched
the quick. But some writers do put this out
of doubt; for they say, that Stanley did ex-
presly promise to aid Perkin, and sent him
some help of treasure.-Now for the motive of
his falling off from the king; it is true, that at
Bosworth Field the king was beset, and in a
manner inclosed round about by the troops of
king Richard, and in manifest danger of his
life; when this Stanley was sent by his brother
with three thousand men to his rescue, which
he performed so, that king Richard was slain
upon the place. So as the condition of mortal
men is not capable of a greater benefit, than
the king received by the hands of Stanley;
being like the benefit of Christ, at once to save
and crown. For which service the king gave
him great gifts, made him his councellour and
chamberlain; and, somewhat contrary to his
nature, had winked at the great spoils of Bos-
worth Field, which came almost wholly to this
man's bands, to his infinite enriching. Yet
nevertheless blown up with the conceit of his
merit, he did not think he had received good
measure from the king, at least not prest down
and running over, as he expected. And his

ambition was so exorbitant, and unbounded, | as he became suitor to the king for the earldom of Chester. Which ever being a kind of appendage to the principality of Wales, and using to go to the king's son; his suit did not only end in a denial, but in a distaste; the king perceiving thereby, that his desires were intemperate, and his cogitations vast, and irregular, and that his former benefits were but cheap, and lightly regarded by him. Wherefore the king began not to brook him well. And as a little leaven of new distaste doth commonly sour the whole lump of former merit, the king's wit began to suggest unto his passion that Stanley, at Bosworth Field, though he came time enough to save his life, yet he stayed long enough to endanger it. But yet having no matter against him, he continued

him in his places until this his fall.-After him was made lord chamberlain, Giles lord Dowbeny, a man of great sufficiency and valour; the more, because he was gentle and moderate. There was a common opinion, that sir Robert Clifford (who now was become the state informer) was from the beginning an emissary, and spie of the king's; and that he fled over into Flanders with his consent and privity. But this is not probable; both because he never recovered that degree of grace, which he had with the king before his going over; and chiefly, for that the discovery which he had made touching the lord chamberlain (which was his great service) grew not from any thing he learned abroad, for that he knew it well before he went.

26. The Trial of Sir THOMAS EMPSON, knt. and EDMUND DUDLey, esq. for High Treason; at Guildhall, London: 1 Hen. VIII. A. D. 1509. [Lord Herbert's Hen. VIII. in 2 Kenn. Compl. Hist. p. 2.]

["The most exact account of the proceedings against these two remarkable persons being to be found in lord Herbert, we shall lay it before the reader; who, if he chooses to pursue the subject further, may consult Polydore Virgil, Hall, and Hollingshead. But it is proper to premise, what we conceive to be a great error, which is current in respect to Empson and Dudley. Our historians in general, not excepting lord Herbert and Mr. Hume, represent Empson and Dudley to have been doubly attainted, first by judgment on trial before a jury, and secondly by an act of parliament. But the statute, thus treated as an act of attainder, was in truth

SODS.

only an act to relieve certain persons, in trust for whom Empson and Dudley were seised of various estates; and to prevent their attainders from hurting innocent perNor is there a word in the act, either to confirm the attainder or to attaint; as will appear by consulting the act itself, which is extant in Rastall's edition of the Statutes. Yet even the elaborate writers of the Parliamentary History,' to whom both lawyers and politicians are so much indebted for their useful and important labours, have adopted the error; though throughout that work, recourse is apparently had to the journals and records of parliament, which stamps it with great authority. How this happened, we cannot otherwise account for, than by conjecturing, that they were confirmed in the error of their predecessors, by the particular manner in which the Journals of the Lords take notice of the act, whilst it was in its progress through that house as a bill. On the first and second reading, which was the same day, it is stiled A Bill concerning Dudley and Empson, and their At

taint and Conviction in parliament.' These words certainly import a parliamentary attainder, and might well lead any person to give credit to the prior representation of its being so, without taking the trouble to examine the act, which is not in the later edition of the Statutes. But whether their thus describing the Bill was an inaccuracy in the penner of the Journal, or the Bill was at first to attaint, it certainly did not pass in that form. Indeed the subsequent part of the Journal takes notice, that the bill was newly formed, before it was sent to the Commons." Hargrave.]

WHILE the obsequies and rites [of Hen. 7.] were preparing, (April 23, the particulars whereof Hall after his manner relates) king Henry retired privately from Richmond (where his father died) to the Tower of London, both that he might with more leisure advise with his council concerning the present affairs of his kingdom, as also the better to avoid those salutes and acclamations of the people, which could not but be unseasonable, till the lamentations and solemnity of his father's funeral were past. He thought not fit to mingle the noises. Here then it was in the first place resolved to make good his authority, as having more undoubted right to the crown by the Union of the White-Rose and the Red in his person, than any king ever delivered to us by warrantable history. For this end he found or took occasions. In one kind Henry Stafford, brother to the duke of Buckingham, served for example, who (upon I know not what suspicion) was apprehended presently, and com mitted to the Tower; which yet seemed afterwards so frivolous, that, to repair this disgrace, he was the same year made earl of Wiltshire.

you imagine a more certain sign of ruine in that common-wealth. And will you alone hope to decline this heavy judgment? When, contrary to all equity and example, you not only make precedents for injustice and impunity, but together with defaming would inflict a cruel death on those who would maintain them; as if this might be a fit guerdon for those who (I must tell you) every where else would have been thought the best patriots; what can we expect then, but a fatal period to us all? But let God turn this away, though I be the sacri fice. Only, if I must die, let me desire that my inditement may be entered on no record, nor divulged to foreign nations, lest, if they hear, in my condemnation, all that may argue a final dissolution in government, they invade and overcome you."

In the other kind, doctor Ruthall became the object, being (together with one of his council) made the same day bishop of Duresme. Thus, though it seems he hasted to take upon him the real marks of soveraignty, yet he so tempered them, as to leave his subjects in hope of an even hand. Besides, that he might shew himself gracious to his subjects, he not only confirmed the pardon his father gave a little before his death for all offences, except murder, felony, and treason, (to which general abolitions do not properly reach) but for farther performance of his father's last will caused a proclamation to be made; that if any man could prove himself to be then wrongfully deprived of his goods, by occasion of a certain commission for forfeitures, he should (upon due complaint) have satisfaction; whereupon so many Petitions were presently exhibited against To this was answered briefly, "That he resir Richard Empson and Edmund Dudley, esq.ceived a great deal of liberty to speak ill, as (employed lately for taking the benefit of penal well as to do: that he should find at last, he statutes) that it was thought fit to call them was punished for passing the bounds of his before the council, where Empson spake to this commission from the late king, and for stretching a law which in it's self was severe enough to the common and poorer sort of people, from whom he exacted most unjustly."

effect:

"Right Honourable and others here present: I have remarked two causes in general, that move attention. One is the greatness, the other is the strangeness and novelty of argument. Both these concur so manifestly in the affairs now questioned, that I will not much implore your patience. Though on the other side, considering my violent persecution, I cannot but think it a favour, that I may speak for myself; but, alas, to whom? The king, my master, to whom I should appeal, as to my supreme judge and protector, abandons me to my enemies, without other cause, than that I obeyed his father's commands, and upheld the regal authority. The people, on whose equal trial I should put my life, seek my destruction, only because I endeavour to execute those laws whereof themselves were authors. What would have happened to me, if I had disobeyed my king, or broke my country's laws? Surely, if I have any ways transgressed, it is in procuring, that these penal statutes might be observed, which yourselves in open parliament decreed, and to which you then submitted, both your persons, estates, and posterity; and if this be a crime, why do you not first repeal your proper acts? Or if, (which is truth) they stand still in full force and vertue, why do you not vindicate from all imputation both yourselves and me? For who ever yet saw any man condemned for doing justice? Especially when by the chief dispencer thereof (which is the king) the whole frame of the proceeding hath been confirmed and warranted? Nay, whoever saw inan on these terms not rewarded? And must that, which is the life and strength of all other actions, be the subversion and overthrow of mine? Have you read or heard in any wellgoverned country, that the infractors of laws made by publick vote, and consent, escaped without punishment, and they only punished who laboured to sustain them? Or when you had not read or heard any such thing, could

The chief parts of his Accusation (that I can find) were: "1. That he had committed divers persons to prison, without suffering them to answer till they had compounded for their fines. 2. For searching unduly mens estates, and bringing them wrongfully to hold under that tenure they call in capite; without that the parties could be permitted to a traverse, till they had payed great fines and ransoms. 3. That wards, being come to full years, were not allowed to sue out their livery, till they had paid an excessive composition. 4. That out-lawed persons could not be allowed to sue out their charter of pardon, till they had paid half the profit of their lands for two years, upon pretence that it was according to law. 5. That he usurped upon the jurisdiction of other courts, in hearing, and determining divers matters properly belonging to them. 6. That whereas a prisoner being indicted for theft, in the city of Coventry, to the value of one pound, was by the jury acquitted; the said Empson conceiving the evidence to be sufficient, committed the jury to prison, till they entered into bond to appear before the king's council, where the matter being again considered, it was ordered, they should pay eight pounds for a fine (which was thought so heinous, as, at a sessions being held afterwards at Coventry, a particular indictment was framed against him, and he was found guilty)." How many of these Allegations were verified, or how far they might be warranted by the last king's commission, appears not to me. Howsoever, for the present, they were (April 23) committed to the Tower.

This Empson, reported to be a sieve-maker's son in Torcester, from this mean beginning, by his wit and industry, came to be of council to king Henry 7, and master or surveyor of his forfeits in divers kinds, in which place he served

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