Part 3

For it should be a thing that would turne to the great grudge of all men, and high displeasure of God, if the priuilege of that holie place should now be broken, which had so manie yeares be kept, which both kings and popes so good had granted, so manie had confirmed, and which holie ground was more than fiue hundred yeares ago (by saint Peter in his owne person in spirit accompanied with great multitudes of angels by night) so speciallie halowed, & dedicated to God (for the proofe wherof, they haue yet in the abbeie saint Peters cope to shew) that from that time hitherward, was there neuer so vndeuout a king that durst that sacred place violate, or so holie a bishop that durst it presume to consecrate.

And therefore (quoth the archbishop of Yorke) God forbid that anie man should for anie thing earthlie, enterprise to breake the immunitie & libertie of the sacred sanctuarie, that hath béene the safegard of so manie a good mans life. And I trust (quoth he) with God grace, we shall not néed it. But for anie maner néed, I would not we should doo it. I trust that shée shall be with reason contented, and all things in good maner obteined. And if it happen that I bring it not so to passe, yet shall I toward it so farre foorth doo my best, that ye shall all well perceiue, that no lacke of my deuoir, but the mother's dread and womanish feare shall be the let.

[Sidenote: The duke of Buckingh[=a]s words against the quéene.]

Womanish feare, naie womanish frowardnesse (quoth the duke of Buckingham.) For I dare take it vpon my soule, she well knoweth she néedeth no such thing to feare, either for hir son or for hir selfe. For as for hir, here is no man that will be at war with women. Would God some of the men of hir kin were women too, & then should all be soone in rest. Howbeit there is none of hir kin the lesse loued, for that they be hir kin, but for their owne euill deseruing. And nathelesse, if we loued neither hir nor hir kin, yet were there no cause to thinke that wee should hate the kings noble brother, to whose grace we our selues be of kin. Whose honor, if she as much desired as our dishonor, and as much regard tooke to his wealth as to hir owne will, she would be as loth to suffer him to be absent from the king, as anie of vs be. For if she haue anie wit (as would God she had as good will as she hath shrewd wit) she reckoneth hir selfe no wiser than she thinketh some that be here, of whose faithfull mind she nothing doubteth, but verelie beléeueth and knoweth, that they would be as sorie of his harme as hir selfe, and yet would haue him from hir if she bide there: and we all (I thinke) contented, that both be with hir, if she come thence, and bide in such place where they may with their honors be. Now then, if she refuse in the deliuerance of him, to follow the counsell of them, whose wisdome she knoweth whose truth she well trusteth: it is easie to perceiue, that frowardnesse letteth hir and not feare. But go to, suppose that she feare (as who maie let hir to feare hir owne shadow) the more she feareth to deliuer him the more ought we feare to leaue him in hir hands.

For if she cast such fond doubts, that she feare his hurt: then will she feare that he shall be fet thence. For she will soone thinke, that if men were set (which God forbid) vpon so great mischiefe, the sanctuarie would little let them: which good men might (as me thinketh) without sin somewhat lesse regard than they doo. Now then, if she doubt, least he might be fetched from hir, is it not likelie inough that she shall send him some where out of the realme? Verelie I looke for none other. And I doubt not, but shée now as sore mindeth it, as we the let thereof. And if she might happen to bring that to passe (as it were no great maistrie, we letting hir alone) all the world would saie, that we were a wise sort of councellors about a king, that let his brother be cast awaie vnder our noses.

[Sidenote: Of sanctuaries.]

And therefore, I insure you faithfullie for my mind, I will rather (mauger hir mind) fetch him awaie, than leaue him there, till hir frowardnesse and fond feare conueie him awaie. And yet will I breake no sanctuarie therefore. For verelie, sith the priuileges of that place, and other like, haue béene of long continued, I am not he that would be about to breake them. And in good faith, if they were now to begin, I would not be he that should be about to make them. Yet will I not say naie, but that it is a déed of pitie, that such men as the sea, or their euill debtors haue brought in pouertie, should haue some place of libertie, to kéepe their bodies out of danger of their cruell creditors.

And also, if the crowne happen (as it hath doone) to come in question, while either part taketh other as traitors, I will well there be some places of refuge for both. But as for théeues, of which these places be full, and which neuer fall from the craft, after they once fall thereto, it is pitie the sanctuarie should serue them. And much more, mankillers, whome God bad to take them from the altar and kill them, if their mother were wilfull. And where it is otherwise, there néed we not the sanctuaries that God appointed in the old law. For if either necessitie, his owne defense, or misfortune draweth him to that déed, a pardon serueth, which either the law granteth of course, or the king of pitie maie. Then looke me now how few sanctuarie men there be, whome anie fauourable necessitie compelled to go thither. And then sée on the other side, what a sort there be commonlie therin of them, whom wilfull vnthriftinesse hath brought to naught.

[Sidenote: Westminster and saint Martins.]

[Sidenote: The abuse of sanctuaries.]

What a rabble of théeues, murtherers, and malicious heinous traitors, and that in two places speciallie; the one at the elbow of the citie, the other in the verie bowels. I dare well auow it, weie the good that they doo, with the hurt that commeth of them, and ye shall find it much better to lacke both, than haue both. And this I saie, although they were not abused as they now be, & so long haue be, that I feare me euer they will be, while men be afraid to set their hands to the mendment, as though God & S. Peter were the patrones of vngratious liuing. Now vnthrifts riot & run in debt, vpon boldnesse of these places, yea, and rich men run thither with poore mens goods, there they build, there they spend, & bid there creditors go whistle them. Mens wiues run thither with their husbands plate, & saie they dare not abide with their husbands for beating. Théeues bring thither their stollen goods, and there liue thereon.

There deuise they new robberies, nightlie they steale out, they rob, and reaue, and kill, and come in againe, as though those places gaue them not onelie a safegard for the harme they haue doone, but a licence also to doo more. Howbeit, much of this mischiefe (if wise men would set their hands to it) might be amended, with great thanks to God, and no breach of the priuilege. The residue, sith so long ago, I wote néere what pope, and what prince more pitious than politike, hath granted it, & other men since, of a certeine religious feare, haue not broken it, let vs take a paine therewith, and let it a Gods name stand in force, as farre foorth as reason will, which is not fullie so farre foorth, as may serue to let vs of the fetching foorth of this noble man to his honor and wealth, out of that place, in which he neither is, nor can be a sanctuarie man.

[Sidenote: The vse of sanctuaries.]

A sanctuarie serueth alwaie to defend the bodie of that man that standeth in danger abroad, not of great hurt onlie, but also of lawfull hurt: for against vnlawfull harmes, neuer pope nor king intended to priuilege anie one place, for that priuilege hath euerie place. Knoweth anie man, anie place wherein it is lawfull one man to doo another wrong? That no man vnlawfullie take hurt, that libertie, the king, the law, and verie nature forbiddeth in euerie place, and maketh (to that regard) for euerie man euerie place a sanctuarie. But where a man is by lawfull means in perill, there néedeth he the tuition of some speciall priuilege, which is the onelie ground and cause of all sanctuaries.

From which necessitie, this noble prince is farre, whose loue to his king, nature and kinred prooueth; whose innocencie to all the world, his tender youth prooueth; and so sanctuarie, as for him, neither none he néedeth, nor also none can haue. Men come not to sanctuarie, as they come to baptisme, to require it by their godfathes, he must aske it himselfe that must haue it, and reason; sith no man hath cause to haue it, but whose conscience of his owne fault maketh him fane, néed to require it. What will then hath yonder babe, which and if he had discretion to require it, if néed were, I dare say would now be right angrie with them that kéepe him there? And I would thinke without anie scruple of conscience, without anie breach of priuilege, to be somewhat more homelie with them that be there sanctuarie men in déed.

For if one go to sanctuarie with another mans goods, whie should not the king, leauing his bodie at libertie, satisfie the partie of his goods, euen within the sanctuarie? For neither king nor pope can giue anie place such a priuilege, that it shall discharge a man of his debts, being able to paie. [And with that, diuerse of the clergie that were present (whether they said it for his pleasure, or as they thought) agréed plainlie, that by the law of God, and of the church, the goods of a sanctuarie man should be deliuered in paiment of his debts, and stollen goods to the owner, and onlie libertie reserued him to get his liuing with the labor of his hands.]

Verelie (quoth the duke) I thinke you say verie truth. And what if a mans wife will take sanctuarie, bicause she lust to run fr[=o] hir husband, I would wéene if she could alledge none other cause, he maie lawfullie without anie displeasure to saint Peter, take hir out of saint Peters church by the arme. And if no bodie maie be taken out of sanctuarie, that saith hée will bide there: then if a child will take sanctuarie, bicause he feareth to go to schoole, his maister must let him alone. And as simple as that sample is, yet is there lesse reason in our case than in that; for therein, though it be a childish feare, yet is there at the leastwise some feare, and herein is there none at all. And verelie, I haue often heard of sanctuarie men, but I neuer heard earst of sanctuarie children.

And therefore, as for the conclusion of my mind, who so maie haue deserued to néed it, if they thinke it for their suertie, let them kéepe it. But he can be no sanctuarie man, that neither hath wisdome to desire it, nor malice to deserue it; whose life or libertie can by no lawfull processe stand in ieopardie. And he that taketh one out of sanctuarie to doo him good, I saie plainlie, that he breaketh no sanctuarie. When the duke had doone, the temporall men whole, and a good part of the spirituall also, thinking no hurt earthlie meant toward the yoong babe, condescended in effect, that if he were not deliuered, he should be fetched. Howbeit they thought it all best in the auoiding of all maner of rumor, that the lord cardinall should first assaie to get him with hir good will.

Wherevpon all the councell came vnto the Star-chamber at Westminster; and the lord cardinall, leauing the protector with the councell in the Star-chamber, departed into the sanctuarie to the quéene, with diuers other lords with him: were it for the respect of his honor, or that she should by presence of so manie perceiue, that this errand was not one mans mind: or were it, for that the protector intended not in this matter to trust anie one man alone; or else, that if she finallie were determined to kéepe him, some of that companie had happilie secret instruction, incontinent (mauger hir mind) to take him, and to leaue hir no respit to conueie him, which she was likelie to mind after this matter broken to hir, if hir time would in anie wise serue hir.

When the quéene and these lords were come togither in presence, the lord cardinall shewed vnto hir, that it was thought vnto the protector, and vnto the whole councell that hir kéeping of the kings brother in that place, was the thing which highlie sounded, hot onelie to the great rumor of the people and their obloquie; but also to the importable gréefe and displeasure of the kings roiall maiestie, to whose grace it were as singular a comfort, to haue his naturall brother in companie, as it was their both dishonour, and all theirs and hirs also, to suffer him in sanctuarie, as though the one brother stood in danger and perill of the other [and therefore more conuenient it were they should be togither, than parted asunder; that the world may well thinke and saie both of their kinred and also of them, when they shall sée and heare how they kéepe continual companie, and liue in mutuall amitie (as becometh brethren) which bringeth commodities with it, for number, infinite; and for vse, comfortable and necessarie; as it is truelie said:

Quæ ligat vnanimes foelix concordia fratres, O quales fructus vtilitatis habet!]

[Sidenote: Protector.]

The cardinall shewed hir likewise, that the councell therefore had sent him vnto hir to require hir the deliuerie of him, that he might be brought vnto the kings presence at his libertie, out of that place, which they reckoned as a prison; and there should he be demeaned according to his estate: and she in this dooing, should both doo great good to the realme, pleasure to the councell, and profit to hir selfe, succour to hir fréends that were in distresse, and ouer that (which he wist well she speciallie tendered) not onelie great comfort and honor to the king, but also to the yoong duke himselfe, whose both great wealth it were to be togither, as well for manie greater causes, as also for their both disport & recreation. Which thing the lord estéemed no slight, though it séeme light, well pondering that their youth without recreation and plaie cannot indure; nor anie stranger, for the conuenience of both their ages and estates, so méetlie in that point for anie of them, as either of them for other.

[Sidenote: The quéenes answer.]

[Sidenote: The quéene is loth to part with her son.]

My lord (quoth the quéene) I saie not naie, but that it were verie conuenient, that this gentleman, whome yée require, were in companie of the king his brother: and in good faith, me thinketh it were as great commoditie to them both, as for yet a while to béene in the custodie of their mother, the tender age considered of the elder of them both, but speciallie the yoonger, which (besides his infancie, that also néedeth good looking to) hath a while béene so sore diseased, vexed with sicknesse, and is so newlie rather a little amended, than well recouered, that I dare put no person earthlie in trust with his kéeping, but my selfe onelie, considering that there is (as physicians saie) and as we also find, double the perill in the recidiuation, than was in the first sicknesse, with which disease nature being sore laboured, forewearied and weakened waxeth the lesse able to beare out and susteine a new surfet. And albeit there might be founden other that would happilie doo their best vnto him, yet is there none that either knoweth better how to order him, than I that so long haue kept him: or is more tenderlie like to cherish him, than his owne mother that bare him.

No man denieth, good madame (quoth the cardinall) but that your grace were of all folke most necessarie about your children: and so would all the councell not onelie be content, but glad that ye were (if it might stand with your pleasure) to be in such place as might stand with their honour. But if you doo appoint your selfe to tarrie héere, then thinke they it more conuenient that the duke of Yorke were with the king honourablie at his libertie, to the comfort of them both: than héere as a sanctuarie man, to their both dishonour and obloquie, sith there is not alwaie so great necessitie to haue the child to be with the mother: but that occasion may sometime be such, that it should be more expedient to kéepe him elsewhere. Which in this well appeareth, that at such time as your déerest sonne then prince, and now king, should for his honor, and good order of the countrie, kéepe houshold in Wales, farre out of your companie: your grace was well content therewith your selfe.

[Sidenote: The quéenes mistrust of the lord protector.]

Not verie well content (quoth the quéene) and yet the case is not like, for the tone was then in health, and the tother is now sicke. In which case, I maruell greatlie, that my lord protector is so desirous to haue him in his kéeping, where if the child in his sicknesse miscarried by nature, yet might he run into slander and suspicion of fraud. And where they call it a thing so sore against my childes honor, and theirs also, that he bideth in this place: it is all their honours there to suffer him bide, where no man doubteth he shall be best kept; and that is héere, while I am héere, which as yet intend not to come foorth and ieopard my selfe after other of my fréends, which would God were rather héere in suertie with me, than I were there in ieopardie with them.

[Sidenote: The lord Howard, saith _Edw. Hall_.]

Whie madame (quoth another lord) know you anie thing whie they should be in ieopardie? Naie verelie sir (quoth shée) nor whie they should be in prison neither, as they now be. But it is (I trow) no great maruell though I feare, least those that haue not letted to put them in duresse without colour, will let as little to procure their destruction without cause. The cardinall made a countenance to the other lord, that he should harpe no more vpon that string; and then said he to the quéene, that he nothing doubted, but that those lords of hir honorable kin, which as yet remained vnder arrest, should vpon the matter examined, doo well inough: and as toward hir noble person, neither was nor could be anie maner ieopardie.

Whereby should I trust that (quoth the quéene) in that I am giltlesse? As though they were giltie, in that I am with their enimies better loued than they? When they hate them for my sake, in that I am so néere of kin to the king? And how far they be off, if that would helpe, as God send grace it hurt not, and therefore as for me, I purpose not as yet to depart hence. And as for this gentleman my sonne, I mind that he shall be where I am, till I sée further: for I assure you, for that I sée some men so greedie, without anie substantiall cause to haue him, this maketh me much the more fearder to deliuer him.

Truelie madame, quoth he, and the fearder that you be to deliuer him, the fearder bin other men to suffer you to kéepe him, least your causelesse feare might cause you further to conueie him; and manie be there that thinke he can haue no priuilege in this place, which neither can haue will to aske it, nor malice to deserue it. And therefore, they reckon no priuilege broken, though they fetch him out; which if yée finallie refuse to deliuer him, I verelie thinke they will. So much dread hath my lord his vncle, for the tender loue he beareth him, least your grace should hap to send him awaie.

[Sidenote: The quéenes replie vpon the lord cardinall.]

A sir (quoth the quéene) hath the protector so tender zeale, that he feareth nothing but least he should escape him? Thinketh he that I would send him hence, which neither is in the plight to send out. And in what place could I reckon him sure, if he be not sure in this sanctuarie, whereof was there neuer tyrant yet so diuelish that durst presume to breake? And I trust God is as strong now to withstand his aduersaries as euer he was. But my sonne can deserue no sanctuarie, and therefore he can not haue it. Forsooth he hath found a goodlie glose, by which that place that may defend a théefe, may not saue an innocent. But he is in no ieopardie, nor hath no néed thereof, would God he had not.

Troweth the protector (I praie God he may prooue a protector) troweth he that I perceiue not wherevnto his painted processe draweth? It is not honourable that the duke bide héere: it were comfortable for them both, that he were with his brother, bicause the king lacketh a plaifellow. Be you sure? I praie God send them both better plaifellowes than him, that maketh so high a matter vpon such a trifling pretext: as though there could none be founden to plaie with the king, but if his brother that hath no lust to plaie for sicknesse, come out of sanctuarie out of his safegard to plaie with him. As though princes (as yoong as they be) could not plaie but with their péeres, or children could not plaie but with their kinred, with whome for the more part they agrée much woorse than with strangers.

But the child cannot require the priuilege. Who told him so? He shall heare him aske it, and he will. Howbeit, this is a gaie matter. Suppose he could not aske it, suppose he would not aske it, suppose he would aske to go out. If I saie he shall not; if I aske the priuilege but for my selfe, I say he that against my will taketh him out, breaketh the sanctuarie. Serueth this libertie for my person onelie, or for my goods too? Yée may not hence take my horsse fro me: and may you take my child fro me? He is also my ward: for as my learned councell sheweth me, sith he hath nothing by descent holden by knights seruice, the law maketh his mother his gardian. Then may no man I suppose take my ward fro me out of sanctuarie, without the breach of the sanctuarie.

[Sidenote: This that is héere betwéene this marke (*) & this marke (*) was not writt[=e] by him in English but is translated out of this historie which he wrote in Latine.]

And if my priuilege could not serue him, nor he aske it for himselfe, yet sith the law committeth to me the custodie of him, I may require it for him, except the law giue a child a gardian onelie for his goods and lands, discharging him of the cure and safe kéeping of his bodie, for which onelie both lands and goods serue. (*) And if examples be sufficient to obteine priuilege for my child, I néed not farre to séeke. For in this place in which we now be (and which is now in question whether my child may take benefit of it) mine other sonne now king was borne, and kept in his cradle and preserued to a more prosperous fortune, which I praie God long to continue. And as all you know, this is not the first time that I haue taken sanctuarie.

For when my lord my husband was banished, and thrust out of his kingdome, I fled hither, being great with child, and héere I bare the prince. And when my lord my husband returned safe againe, and had the victorie, then went I hence to welcome him home, and from hence I brought my babe the prince vnto his father, when he first tooke him in his armes. And I praie God that my sonnes palace may be as great safegard vnto him now reigning, as this place was sometime to the kings enimie. In which place I intend to kéepe his brother, sith, &c. (*) Wherefore héere intend I to kéepe him, sith mans law serueth the gardian to kéepe the infant.

The law of nature will the mother to kéepe hir child, God's law priuilegeth the sanctuarie, and the sanctuarie my sonne, sith I feare to put him in the protectors hands that hath his brother alreadie, and were (if both failed) inheritor to the crowne. The cause of my feare hath no man to doo to examine. And yet feare I no further than the law feareth, which (as learned men tell me) forbiddeth euerie man the custodie of them, by whose death he maie inherit lesse land than a kingdome. I can no more but whosoeuer he be that breaketh this holie sanctuarie, I praie God shortlie send him néed of sanctuarie, when he maie not come to it. For taken out of sanctuarie would I not my mortall enimie were.

[Sidenote: The lord cardinall vseth an other waie to persuade the quéene.]