25. The Trial of Sir WILLIAM STANLEY, knight, for High Treason: 10 Hen. VII. A. D. 1494-5. [Hall and Lord Bacon.] | after that attempt begonne by syr Robert, he was in no smal dangier himselfe, and by that was not a litle noted, and hys fame blemished, but also hys frendes were suspected and 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 maner and ordre of the conjuracion and what was done in Flaunders, he opened every pointe to his knowlege, and after disclosed the names, as well of the aiders and fautoures as of the inceptors and begynners. Amongest whome he accused syr William Stanley, whome the kynge made hys chiefe chamberleyn, and one of hys prevy counsayll. When he had so sayde, the kyng was greatly dismayed and greved, that he : [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.-shoulde be partaker in that greveous offence, 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 knyghts goynge into Flaunders. Some men helde this opinion, that kyng Henry for a polecy dyd sende him as a spye to Flaunders, or els he woulde not have so sone receaved him into his grace and favour agayn. Neverthelesse this is not like to be true by diverse reasons and apparant argumentes, firste, considerynge first that he had the governaunce of his chambre, and the charge and comptrolment of all suche as were next to hys bodye, and also callynge to remembraunce the manifolde gratuities, whiche he had receaved at hys hande, but in especiall not forgettynge that benefite above all other, that onely by his aide and succoure, he had vanquished and overthrowen his mortall enemy kynge Rycharde. Wherefore at the begynnynge he coulde in no wyse be induced nor persuaded to beleve, that be was such a prevy conspiratoure or malicious offender; but when the cryme was openly proved and probably affirmed, then the king caused hym to be restrayned from his libertie in his awne chambre within the Quadrate Towre. And there appoynted hym 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 bym at that tynie, beynge moved with melancholy, to beare no great good will to a litle displeased, and and very necessary, not onely to take hede At thys tyme the kyng thought it best, ye about him, but also to use some sharpe punyshment and correccion of the offences of his dicion might the soner be repressed, and for subjects, to the intent that the late begon seof all honest feare and reverent dread, had this cause specially that some persous voyde 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 ryof the slaunderous and opprobrious woordes sen from death to lyfe. But when knowlege were brought to the kynges eares, he caused dyverse persons to sufre condigne punyshment for their heynous offences, whereby their com‐ plices wel perceavyng that their entreprice had fect, and especially such as temerariously beno prosperous successe nor toke any good efgan to make mas ries and father seyng what preparacion was made and provyded agaynst theyre tumulteous commoción and frantique entreprice, they of their awne swynge pacefied themseifes, and began to turne to theit kynge and naturall lige lord ›. 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 according 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, affrinynge 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 here 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 ob teyned the croûne and kingdome, which great benefite, after the kingdome once obteyned, he tenth year of the king's reign, the king's second UPON Al-hallows-day even, being now the did neither forget nor yet left unrewarded. For the lord Thomas Stanley he invested with well the duke, as divers others, noblemen, son Henry was created duke of York; and as the swoorde of the countie of Darby, and beside knights batchellours, and gentlemen of quality, other great giftes and officics geven to William Stanley, he made him his chicfe chamberleyn. the ceremony. Upon the morrow after Tweifthwere made knights of the bath, according to This syr William, although he were in great day, the king removed from Westminster favoure with the kyng, and had in great and (where he had kept his Christmas) to the Tower high estimacion, more remembring the bene- of London. This he did as soon as he had adfite done to the kyng, then the rewardes vertisement, that sir Robert Clifford (in whose and gratuitees of his liberalite receaved, think-hosom or budget most of Perkinis secrets were ing that the vessel of oyle, (according to the layed up) was come into England. And the gospel) woulde overflowe the brymmes, and as place of the Tower was chosen to that end, some saye, desiryng to be erle of Chestre and that if Clifford should accuse any of the great therof denyed, began to grudge and disdeyne ones, they might without suspicion, or noise, or the kyng his high frend: and one thing enco- sending abroad of warrants, be presently atraged him much, which was the riches and tached; the court and prison being within the treasure of king Richard, which he onely cincture of one wall. After a day or two, the possessed at the conflict of Boswoorth: by rea-king drew unto him a selected council, and adson of which haboundance of ryches and greate powre of people, he set nought by the kyng his sovereign lord and mastre. When the king perceaved that his stomack began to canker and waxe rusty, he was with him not Extract from Baco's Henry 7. in 1 Kennet's mitted 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 chamberlain; 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 fit) stand to that that he had said, offering to justifie it upon his soul and life; he caused him to be removed. And after he had not a little bemoaned himself unto his council there present, 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 wherewith 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 be 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 nature and mind. First, an over-merit; for convenient 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 bim 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, houshold-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, hanging 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 respect 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 treason; 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 overruling 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 Stanley 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 authority, and favour about the king; it was to teach all England to say as much. And therefore (as those times were) that speech touched the quick. But some writers do put this out of doubt; for they say, that Stanley did expresly 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 bis 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 Bosworth Field, which came almost wholly to this man's hands, 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 ford 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 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.] only an act to relieve certain persons, in WHILE the obsequies and rites [of Hen. 7.] trust for whom Empson and Dudley were were preparing, (April 23, the particulars seised of various estates; and to prevent whereof Hall after his manner relates) king their attainders from hurting innocent per- Henry retired privately from Richmond (where sons. Nor is there a word in the act, either his father died) to the Tower of London, both to confirm the attainder or to attaint; as that he might with more leisure advise with will appear by consulting the act itself, his council concerning the present affairs of his which is extant in Rastall's edition of the kingdom, as also the better to avoid those saStatutes. Yet even the elaborate writers of lutes and acclamations of the people, which the Parliamentary History,' to whom both could not but be unseasonable, till the lamenlawyers and politicians are so much indebted tations and solemnity of his father's funeral for their useful and important labours, have were past. He thought not fit to mingle the adopted the error; though throughout that noises. Here then it was in the first place rework, recourse is apparently had to the solved to make good his authority, as having journals and records of parliament, which more undoubted right to the crown by the stamps it with great authority. How this Union of the White-Rose and the Red in his happened, we cannot otherwise account for, person, than any king ever delivered to us by than by conjecturing, that they were con- warrantable history. For this end he found firmed in the error of their predecessors, by or took occasions. In one kind Henry Stafthe particular manner in which the Journals ford, brother to the duke of Buckingham, of the Lords take notice of the act, whilst it served for example, who (upon I know not what was in its progress through that house as a suspicion) was apprehended presently, and combill. On the first and second reading, which mitted to the Tower; which yet seemed afterwas the same day, it is stiled A Bill con- wards so frivolous, that, to repair this disgrace, cerning Dudley and Empson, and their At- he was the same year made earl of Wiltshire. In the other kind, doctor Ruthall became the | you imagine a more certain sign of ruine in that object, being (together with one of his council) common-wealth. And will you alone hope to made the same day bishop of Duresme. Thus, decline this heavy judgment? When, contrary though it seems he hasted to take upon him to all equity and example, you not only make the real marks of soveraignty, yet he so tem- precedents for injustice and impunity, but topered them, as to leave his subjects in hope of gether with defaming would inflict a cruel an even hand. Besides, that he might shew death on those who would maintain them; as himself gracious to his subjects, he not only if this might be a fit guerdon for those who (I confirmed the pardon his father gave a little must. tell you) every where else would have before his death for all offences, except mur- been thought the best patriots; what can we der, felony, and treason, (to which gencral expect then, but a fatal period to us all? But abolitions do not properly reach) but for far- let God turn this away, though I be the sacrither performance of his father's last will caused fice. Only, if I must die, let me desire that a proclamation to be made; that if any man my inditement may be entered on no record, could prove himself to be then wrongfully de- nor divulged to foreign nations, lest, if they prived of his goods, by occasion of a certain hear, in my condemnation, all that may argue commission for forfeitures, he should (upon due a final dissolution in government, they invade complaint) have satisfaction; whereupon so and overcome you." many Petitions were presently exhibited against sir Richard Empson and Edmund Dudley, esq. (employed lately for taking the benefit of penal statutes) that it was thought fit to call them before the council, where Empson spake to this effect: To this was answered briefly, "That he received a great deal of liberty to speak ill, as well as to do: that he should find at last, he was punished for passing the bounds of his 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." "Right Honourable and others here present: I have remarked two causes in general, that move attention. One is the greatness, the The chief parts of his Accusation (that I other is the strangeness and novelty of argu- can find) were: "1. That he had committed diment. Both these concur so manifestly in the vers persons to prison, without suffering them affairs now questioned, that I will not much to answer till they had compounded for their implore your patience. Though on the other fines. 2. For searching unduly mens estates, side, considering my violent persecution, I can- and bringing them wrongfully to hold under not but think it a favour, that I may speak for that tenure they call in capite; without that myself; but, alas, to whom? The king, my the parties could be permitted to a traverse, master, to whom I should appeal, as to my su- till they had payed great fines and ransoms. preme judge and protector, abandons me to 3. That wards, being come to full years, were my enemies, without other cause, than that I not allowed to sue out their livery, till they obeyed his father's commands, and upheld the had paid an excessive composition. 4. That regal authority. The people, on whose equal out-lawed persons could not be allowed to sue trial I should put my life, seek my destruction, out their charter of pardon, till they had paid only because I endeavour to execute those laws half the profit of their lands for two years, whereof themselves were authors. What upon pretence that it was according to law. would have happened to me, if I had disobey-5. That he usurped upon the jurisdiction of ed 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 man 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 well-committed to the Tower. governed 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 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) 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 |