'morietur, quod tunc immediate Thomas ar- tionibus, falsò et proditoriè fecerunt, scripsechiepiscopus Cantuariensis_et_cardinalis An- runt, et fabricaverunt, et illas per ipsos sic gliæ caput suum amitteret. Et multa diver-factas, scriptas, et fabricatas, die, &c. super disimoda verba proditoria de rege quam alia versa ostia ecclesiæ cathedralis Sancti Pauli, verba malitiosa de dominis suis, tain spirituali- London. proditoriè posuerunt, et publicè ibibus quam temporalibus.-Utlagatus, prout pa- dem fixerunt, ad movendum et excitandum litet per rotul. sessionis. geos regis billas et scripturas illas legentes et intelligentes, commotionem et guerram erga Collingbourn's Case, (London). Hilar. an. ipsum regem facere et levare, contra ligeancie secun. Richardi tertii. suæ debitum, et finalem destructionem regis, et subversionem regni, &c.-Judgment, to be hanged, drawn, and quartered. Bagnall's Case, (London). Anno nono Henrici septimi. Thomas Bagnall et alii mortem regis imaginaverunt, &c. et ad intentionem prædictam, quòd populi regis cordialem amorem retrahere, &c. diversas billas et scripturas in rythmis et balladis de murmurationibus, seditionibus, et proditoriis excitationibus, tam versus regem quàm alios magnates de consilio suo tangent.. proditoriè fecerunt, &c. super ostium ecclesiæ sancti Benedicti in Gracious-street, et super le Standard in Cheap, ac super ostium ecclesia Pauli posuerunt, &c. et quod ipsi fuerunt adhærentes cuidam Petro Warbeck, inimico regis, in partibus transmarinis existent. ad levandum guerrain ad deponendum regem.-Judgment, to be hanged, drawn, and quartered. Stanley and Clifford's Case, (Middl.). Decimo Willielmus Stanley, miles, et Robertus Clifford, miles, ad invicem inter se communicaverunt et interlocuti fuerunt de quodam Petro Warbeck de Thornaco sub obedientià archiducis Austria et Burgundiæ, inimico domini regis, &c. falsò nuncupante se fore Richardum secundum filium domini Edvardi nuper regis Willielmus Collingbourn, nuper de Lydyard, in comitatu Wilts, armiger, et alii falsi proditores, mortem regis et subjectionem regni proditorie imaginaverunt et compassi fuerunt: et ad illud perimplendum, excitaverunt, &c. quendam Tho. Yate ei offerendo octo libras ad partes transmarinas exire, ad loquendum ibidem cum Henrico nuncupante se comit. Richmundiæ, et aliis, &c. proditorie attinct. per parliamentum, &c. ad dicendum, quod ipsi cum omni potestate, &c. revenirent in Angliam citra festum Sancti Lucæ evangelista, et totum integrum redditum totius regni Angliæ, de termino Sancti Michaelis, &c. in eorum relevamen haberent. Et ulterius, ad demonstrandum eis, quod per concilium ipsius Willielmi Collingbourn, si dictus comes Richmundiæ, et alii, &c. ad terram Angliæ, apud Poole, in comitatu Dorcestriæ, arrivare voluerunt, ipse Willielmus Collingbourn et alii proditores, eis associando commotionem populi ipsius regis, insurrectionem et guerram erga ipsum regem interim levare causarent; et partem ipsorum falsorum proditorum contra regem in omnibus acciperent; et omnia infra regnum Angliæ ad eorum dispositionem essent. Et ulterius, ad dicendum et demonstrandum dictis proditoribus, &c. ad destinandum Johannem Cheyney usque ad regem Franciæ, ad demonstrandum sibi, quòd ambassiatores sui in Angliam à dicto rege Francia venientes defraudari debe-Angliæ quarti, in partibus exterioribus ultra ant; et quòd rex Angliæ nullum promissum eis custodiret sed solummodo ad deponendum seu ad respectuandum guerram inter dominum regem tempore hyemali, eò quod in principio temporis æstivalis Anglica potestas in omnibus preparari possit ad bellum dicto domino regi Franciæ præbendum, et eundem regem et terram suam adtunc finaliter destruendo. Et ulteriùs ad advisandum ipsum regem Franciæ ad auxilium dictorum proditorum pecuniis, &c. ut ipse iter regis Angliæ usque terram Francia impedire proponet. Et sic prædictus Willielmus Collingboura et alii fuerunt proditoriè adhærentes, &c. Et quòd prædictus Willielmus Collingbourn, et alii falsi proditores, Deum præ oculis, &c. à diuturno tempore intendens per covinam assensum et voluntatem diversorum aliorum proditorum eisdem proditoribus adhærentium, &c. associaverunt, et mortem regis per guerram, commotionem, et discordiam inter regem et ligeos suos infra regnum Angliæ levandum, compassi fuerunt, &c. Et ad illud perimplendum, prædictus Willielmus Collingbourn, et alii, diversas billas et scripturas in rythmis et balladis de murmurationibus, seditionibus, et loquelis, et proditoriis excita mare existent, ac mortem, &c. regis, ac subversionem regni Angliæ, proditorie conspiraverunt, &c. et eundem regem per guerram, &c. in regno Angliæ, levandum de coronâ, &c. deponendum, &c. Et ad illud perimplendum, &c. prædicti Willielmus Stanley et Robertus Clifford proditoriè, &c. inter se aggreati fuerunt, quòd ipse Robertus ad partes exteras prædictas ad præfatum Petrum Warbeck, &c. transfretaret, et in ipsius Petri adventum ad guerram levandum expectaret; et ipsum Petrum in regnum Angliæ cum toto posse suo introduceret, ipsum in regem erigeret, &c. Et ulteriùs dictus Willielmus Stanley præfato Roberto Clifford proditoriè promisit, &c. ad quodcunque et quotiescunque ipse Robertus Clifford aliquos ad domum Willielmi Stanley à partibus exterioribus, per privatum signum inter ipsos habitum, destinaret, pro ipsius ac dicti Petri Warbeck, inimicorum regis, &c. adjuvamine; ipse Willielmus Stanley eo toto posse adjuvare vellet, &c. quorum, &c. prætextu dictus Robertus Clifford iter suum ad partes exteras, præfato Petro Warbeck arripuit, &c. Et sic fuerunt adhærentes, &c.-Judgment, to be hanged, drawn, and quartered. March and Carew's Case, (Surrey). tricesimo Henrici octavi. 6 Anno Henricus Marchio, Exon, proditoriè dicebat, I like well of the proceedings of Cardinal Pool' et ulteriùs, But I like not the pro'ceedings of this realm;' and 'I trust to see a change in the world' et ulteriùs I trust 'once to have a fair day upon those knaves which rule about the king:' et ulteriùs, I trust to give them a buffet one day.' Et quòd Nicholaus Carew, miles, malitiosè et proditoriè murmuravit, et indignatus fuit, et dicebat hæc verba Anglicana, I marvel greatly that the indictment against the lord marquis was so secretly handled, and to what purpose? for the like was never seen.'--Per bagam sessionis tent, coram Thom. Audley, cancellar, et alias, 30 Hen. 8. The Case of John Rugg, (Berkshire). In the thirty-first year of Henry 8. John Rugg, chivaler, for these words, The king's highness cannot be supreme head of the church of England by God's law.' Hugo, abbot of Reading, superinde dixit, ' What did " you for saving your conscience when you were sworn to take the king for supreme head?' Et superinde prædictus Joh. Rugg dixit, ‘İ added this condition in my mind, to take him for supreme head in temporal things, but not in spiritual things.'-Per indictam. Mich. 31 Hen. 8. The Case of Robert Rumwick, (Kent). In the comitat. Lancastriæ, taylor, pro verbis, viz. being shooting at the butts, said, 'I would the king's body had been there as the arrow did light; and, By the mass I would it had 'been in his body.'-Per indictament. Mich. 33 H. 8. The Case of Edward Peacham. Edward Peacham was indicted of treason for divers treasonable passages in a sermon which was never preached, or intended to be preached, but only set down in writings, and found in his study: He was tried and found guilty, but not executed.-Note, That many of the judges were of opinion, that it was not treason. [See vol. 2. p. 870.] Challercomb's Case. Henry Challercomb was also indicted of treason for words, and was found guilty, and executed. The Case of John Williams. John Williams was also indicted, found guilty, and executed, for writing a treasonable book, called Balaam's Ass. [See v. 2. p. 1086.] Upon consideration of all which precedents, and of the statutes of treason, it was resolved by all the Judges before-named, and so certified to his majesty, that the speaking of the words before-mentioned, though they were as wicked as might be, were not treason. thirty-first year of Henry 8. For they resolved, that unless it were by Robertus Rumwick indictatur, quòd cum diversi fuerunt comedentes et compotantes, &c. son; for there is no treason at this day but by some particular statute, no words will be treaThomas Brook, tenens quendam ciphum cervi- the statute 25 Edw. 3, c. 2, for imagining the siæ impletum, &c. dixit, God save the king! death of the king, &c. and the indictment here is good ale.' Ad quod prædictus Ro-must be framed upon one of the points in that bertus dixit proditoriè, &c. desiderans mortem regis, &c. God save the cup of good ale! for king Henry shall be hanged when twenty others shall be saved.' Cui prædictus Thomas dixit, Knowest thou what thou sayest?' Prædictus Robertus iterum dixit ut supra, 'God, &c.' The Case of Lionel Haughton, (Leicester). statute: and the words spoken here can be but evidence to discover the corrupt heart of him that spake them; but of themselves they are not treason, neither can any indictment be framed upon them. To charge the king with a personal vice, as to say of him, That he is the greatest whoremonger or drunkard in the kingdom,' is no treason; as Yelverton said it was held by the Judges, upon debate of Peacham's Case. 133. Proceedings against JOHN FELTON,* for the Murder of the Duke of Buckingham: 4 CHARLES I. A. D. 1628. [Rushw. Coll. 635. Whitel. Mem. 11. May's Hist. of the Parl. 10. 1 Clar. Hist. of the Rebellion, (Oxford ed. of 1707) 28, 42. 3 Kennet, 45. 4 Carte's Hist. 195.] THE town of Rochel was at this time straitly beleaguered by the French king, and the king of "This Felton," says May," was a soldier of a low stature, and no promising aspect; of disposition serious,and melancholy, but religious in the England had prepared a fleet to relieve it, under the command of the duke of Buckingham, whole course of his life and conversation; which last I do not mention out of purpose to countenance his unlawful act, as supposing him to who being advanced as far as Portsmouth, ou Saturday August 23, 1628, being Bartholomew Eve, was suddenly slain in his own lodgings there, by one lieutenant Felton, about nine in the morning, who with one blow, having got a knite for the purpose, struck the duke under the left rib, and up into the heart, leaving the knife in his body, and got away undiscovered. In the fall to the ground, the duke was heard to say,The villain bath killed me.' Company coming presently in, found him weltering in his blood; and each person looking upon another, marvelled who should do so horrid an act: a jealousy was presently had of Monsieur Sobiez, who was then there labouring for speedy relief to be sent to Rochel; but he protesting his innocency, Felton immediately stept out, and said, ' I am the man that have done the deed, ⚫ let no man suffer that is innocent.' Whereupon he was immediately apprehended, sent to London, and there imprisoned. The king was within four miles of Portsmouth, when the news was brought him of the death of the duke: he bid secure the murderer: and bishop Laud have had (as some did then talk) any inspiration or calling of God to it: His confessions to his friends, both public and private, were, That he had often secret motions to that purpose, which he had resisted and prayed against, and had almost overcome, until he was at last confirm ed in it, by reading the late dissolved parliament's Remonstrance against the duke: That then his conscience told him it was just and laudable, to be the executioner of that man, whom the highest court of judicature, the representative body of the kingdom, had condemned as a traitor. But, let posterity censure it as they please; certain it is, that Felton did much repent him of the unlawfulness of the fact, out of no fear of death, or punishment here, for Le wished his hand cut off before the execution, which his judges could not doom by the laws of England." James Howell, in a letter to the countess of Sunderland, dated Aug. 5th 1628, gives the following Account of this transaction: "Upon Saturday last, which was but next before yesterday, being Bartholomew eve, the duke did rise up in a well-disposed humour out of his bed, and cut a caper or two, and being ready, and having been under the barber's hand, (where the murderer had thought to have done the deed, for he was leaning upon the window all the while) he went to breakfast, attended by a great company of commanders, where Mons. Soubize came to him, and whispered him in the ear that Rochel was relieved: the duke seemed to slight the news, which made some think that Soubize went away discontented. After breakfast, the duke going out, el. Fryer stept before him, and stopping him upon some business, and lieut. Felton being behind, made a thrust with a common tenpenny knife over Fryer's arm at the duke, which lighted so fatally, that he slit his heart in two, leaving the knife sticking in the body. VOL. III, had advertisement of his death the 21th of Aug. being then at Croydon, with bishop Neal and other bishops, consecrating bishop Montague for Chichester. Whilst Felton remained a prisoner at London, great was the resort of people to see the man who had committed so bold a murder, others came to understand what were the motives and inducements thereunto; to which the man for the most part answered, that he did acknowledge the fact, and condemned himself for the doing thereof. Yet withal, confessed he had long looked upon the duke as an evil instrument in the common-wealth, and that he was convinced thereof by the remonstrance of parliament. Which considerations, together with the instigation of the evil one (who is always ready to put sinful motions into speedy actions) induced him to do that which he did; He was a person of a little stature, of a stout and revengeful spirit, who having once received an injury from a gentleman, he cut off a piece of his little finger, and sent it with a challenge to the gentleman to fight with him, thereby to The duke took out the knife, and threw it away; and laying his hand on his sword, and drawing it half out, said, The villain hath killed me,' (meaning, as some think, col. Fryer) for there had been some difference betwixt them; so reeling against a chimney he fell down dead. The dutchess being with child, hearing the noise below, came in her night-geers from her bed-chamber, which was in an upper room, to a kind of rail, and thence beheld him weltering in his own blood. Felton had lost his hat in the crowd, wherein there was a paper sowed, wherein he declared, that the reason which moved him to this act, was no grudge of his own, though he had been far behind for his pay, and had been put by his captain's place. twice, but in regard he thought the duke an enemy to the State, because he was branded in parliament; therefore what he did was for the public good of his country. Yet he got clearly down, and so might have gone to his horse, which was tyed to a hedge hard by; but he was so amazed that he missed his way, and so struck into the pastry, where, although the cry went that some Frenchman had done it, he thinking the word was Felton, boldly confessed, it was he that had done the deed, and so he was in their hands. Jack Stamford would have run at him, but he was kept of by Mr. Nicholas; so being carried up to a tower, captain Mince tore off his spurs, and asking how he durst attempt such an act, making him believe the duke was not dead, he answered boldly, that he knew he was dispatched, for it was not he, but the hand of Heaven that gave the stroke; and though his whole body had been covered over with arinour of proof, he could not have avoided it. Captain Charles Price went post presently to the king four miles off, who being at prayers on his knees when it was told him, yet never stirred, nor was he disturbed a whit till all divine service was done." 2 B let him know that he valued not the exposing | laudibus legum Angliæ,' see the preamble of his whole body to hazard, so he might but have the act 28 H. 8. for the trial of felony, where an opportunity to be revenged. treasons are done upon the sea, and statute 14 Ed. 3, ca. of jailors or keepers, who by duress make the prisoners to be approvers. Afterwards Felton was called before the council, where he confessed much of what is before mentioned concerning his inducement to the murder: the council much pressed him to confess who set him on work to do such a bloody act, and if the Puritans had no hand therein; be denied they had, and so he did to the last, that no person whatsoever knew any thing of his intentions or purpose to kill the duke, that he revealed it to none living. Dr. Laud, bishop of London, being then at the council-table, told him if he would not confess, he must go to the rack, Felton replied, if it must be so he could not tell whom he might nominate in the extremity of torture, and if what he should say then must go for truth, he could not tell whether his lordship (meaning the bishop of London) or which of their lordships he might name, for torture might draw unexpected things from him after this he was asked no more questions, but sent back to prison. The council then fell into debate, whether by the law of the land they could justify the putting him to the rack: The king being at council said, before any such thing should be done, let the advice of the judges be had therein, whether it be legal or no, and afterwards his majesty the 13th of November, 4 Car. propounded the question to sir Tho. Richardson, lord chief justice of the common pleas, to be propounded to all the justices, (viz.) Felton now a prisoner in the Tower having confessed that he had killed the duke of Buckingham, and said he was induced to this, partly for private displeasure, and partly by reason of remonstrance in parliament, having also read some books, which, he said, defended that it was lawful to kill an enemy to the republic, the question therefore is, whether by the law he might not be racked, and whether there were any law against it, (for said the king) if it might be done by law, he would not use his prerogative in this point, and having put this question to the lord chief justice, the king commanded him to demand the resolutions of all the judges. First the Justices of Serjeants Inn in Chancery-lane did meet and agree, that the king may not in this case put the party to the rack. And the 14th of November all the justices being assembled at Serjeants Inn in Fleet-street, agreed in one, that he ought not by the law to be tortured by the rack, for no such punishment is known or allowed by our law *. And this in case of treason was brought into this kingdom in the time of Henry the 6th; note Fortescue for this point, in his book de See the Note to the countess of Shrewsbury's Case, vol. 2. p. 774. and the Articles there cited. On Thursday the 27th of November, Felton was removed from the Tower to the Gate-house, in order to his trial, and was the same day brought by the sheriffs of London to the King'sbench bar, and the indictment being read, he murder therein mentioned: He answered, he was demanded whether he were guilty of the was guilty in killing the duke of Buckingham, and further said, that he did deserve death for the same, though he did not do it out of malice to him. So the court passed sentence of death be cut off that did the fact; but the court could upon him; whereupon he offered that hand to not, upon his own offer, inflict that further sent to the judges to intimate his desire, that punishment upon him: Nevertheless the king his hand might be cut off before execution. But the court answered, that it could not be; unless when the statute of 25 E. 3, did alter for in all murders, the judgment was the same, the nature of the offence, and upon a several indictment, as it was in queen Elizabeth's time, when a felon at the bar flung a stone at a judge and his sentence was to have his hand cut off; upon the bench, for which he was indicted, which was accordingly done. And they also proceeded against him upon the other indictment for felony, for which he was found guilty, wards hung up in chains, in manner as is usual and afterwards hanged. And Felton was afterupon notorious murders". "All the historians abound with testimonies of the king's fondness for Buckingham, It appears that to shew his affection to the duke's memory, he gave command for a magnificent funeral, till the thrifty treasurer diverted the project by telling his majesty, Such pomp would but prove but an hour's show: and it would be more for his glory to erect him a 'stately monument that might be done for half the cost. Upon which his body was privately interred, on September 25. And when the king afterwards talked of a costly monument, the treasurer is said to have used this other evasion: Sir, I am loth to tell your majesty what 'the world will say both here and abroad, if you should raise a monument for the duke before you erect one for your father."" See 3 Kennet, 45. Lord Clarendon relates the strange story of Buckingham's father appearing three times to an Officer of the King's Wardrobe, and directing him to tell the Duke, that if he did not conciliate the people, he would be suffered to live but a short time. 1 Clar. Hist. of the Rebellion, 42. 134. Proceedings against Mr. RICHARD CHAMBERS, in the StarChamber, for seditious Speeches before the Privy-Council: 5 CHARLES I. 1629.* [1 Rushw. Collections, 670.] parts.' Which words were only spoken in the presence of the privy-council, and not spokea abroad, to stir up any discord among the people; and not spoken with any disloyal thought at that time of his majesty's government, but only intending by these words to introduce his just complaint against the wrongs and injuries he had sustained by the inferior officers; and that as soon as he had heard a hard construction was given of his words, he endeavoured by petition to the lords of the council, humbly to explain his meaning, that he had not the least evil thought as to his majesty's government; yet was not permitted to be heard, but present IN the year 1629, sir Robert Heath, the king's Attorney-General, preferred an Information in the Star-Chamber against Richard Chambers of the city of London, merchant. Wherein, first, he did set forth the gracious government of the king, and the great privileges which the merchants have in their trading, by paying moderate Duties for the goods and merchandizes exported and imported; and setting forth, that the raising and publishing of undutiful and false speeches, which may tend to the dishonour of the king or the state, or to the discouragement or discontentment of the subject, or to set discord or variance between his majesty and his good people, are offences of dangerously sent away prisoner to the Marshalsea: and consequence, and by the law prohibited, and condemned under several penalties and punishinents. That nevertheless the said Richard Chambers, the 28th day of September last, being, amongst other merchants, called to the Council-board at Hampton-Court, about some things which were complained of in reference to the Customs, did then and there, in an insolent manner, in the presence or hearing of the Jords and other of his majesty's privy-council,other merchants.' then sitting in council, utter these undutiful, seditious, and false words, that the merchants are in no part of the world so screwed and 'wrung as in England; that in Turkey they have more encouragement.' By which words, he the said Richard Chambers, as the Information setteth forth, did endeavour to alienate the good affection of his majesty's subjects from his majesty, and to bring a slander upon his just government: and therefore the king's Attorney prayed process against him. To this Mr. Chambers made answer, That having a case of silk grogerams brought from Bristol by a carrier to London, of the value of 4001. the same were, by some inferior officers, attending on the Custom-House, seized without this defendant's consent, notwithstanding he offered to give security to pay such customs as should be due by law; and that he hath been otherwise grieved and damnified, by the injurious dealing of the under-officers of the Custom-House; and mentioned the particulars wherein and that being called before the lords of the Council, he confesseth, that out of the great sense which he had of the injuries done him by the said inferior officers, he did utter these words, that the merchants in England were more wrung and screwed than in foreign * Laud was accused of having aggravated the matter against Chambers, and of having said to the king, "If your majesty had many such Chambers, you would soon have no Chamber left to rest in." Hist. of the Trial and Troubles of Abp. Laud. when he was there a prisoner, he did again endeavour by petition to give satisfaction to the lords of the council; but they would not be pleased to accept of his faithful explanation, which he now makes unto this honourable court upon his oath; and doth profess from the bottom of his heart, that his speeches only aimed at the abuses of the inferior officers, who in many things dealt most cruelly with him and There were two of the clerks of the PrivyCouncil examined as witnesses to prove the words, notwithstanding the defendant coufessed the words in his Answer as aforesaid, who proved the words as laid in the information. And on the 6th of May, 1620, the cause came to be heard in the Star-Chamber, and the court were of opinion, that the words spoken were a comparing of his majesty's government with the government of the Turks; intending thereby to make the people believe, that his majesty's happy government may be termed Turkish tyranny; and therefore the Court fined the said Mr. Chambers in the sum of 2.000l. to his majesty's use, and to stand committed to the prison of the Fleet, and to make submission for his great offence, both at the council-board, in court of Star-Chamber, and at the Royal Exchange. There was a great difference of opinion in the Court about the Fine: and because it is a remarkable case, here followeth the names of each several person who gave sentence, and the fine they concluded upon, viz. Sir Francis Cottington, chancellor of the Exchequer, his opinion was for 500l. fine to the king, and to acknowledge his offence at the council-board, the Star-Chamber Bar, and the Exchange. Sir Thomas Kichardson, lord chief justice of the Common Pieas, 500, fine to the king, and to desire the king's favour. Sir Nicholas Hyde, lord chief justice of the King's-Bench, 5007. and to desire the king's favour, |