Besides this Practise of those young men, to escape, was found (as Pollidor well observeth) Crimen Alienum, and not Crimen pro∣prium: then how much greater was the wrong, to take away their lives.
But however it may bee laid upon them, it was nothing but a desire of liberty out of durance, in which they were kept for a small, or no offence.
The Civill law holdeth suspition of flight or escape, to bee no crime. Suspicio fugae quia, non solet detrimentum, reipublice ad ferre, non censetur crimen; so ulpian. And by the Lawes of Eng∣land, if a Prisoner doe escape, who is not imprisoned for Trea∣son, or felony, but some lesser fault of trespasse according to the old Law of England.
Escapae non adjudicabitur versus eum, qui Commissus est prisonae, pro transgressione. Escape shall not bee adjudged for Felony, or other crime, in one who is committed for trespasse.
For the offence of the escape is made in the common Law, to be of the same nature and guilt with the crime whereof the Prisoner is attainted; And certainely neither the Earle of Warwicke, nor Ri∣chard alias Perkin were attainted of Treason or Felony, &c. before.
But to close this dispute and tragedy, not long after some of the Instruments which betrayed them into this, as Walter Blunt, Thomas Astwood, servants to the Lieutenant of the Tower, fini∣shed at Tiburn because they should tell no tales.
And to this succinct relation, there can be no better testimony then the hands of those witnesses, who have sealed their confessi∣on and knowledge with their bloods.
Men of all conditions and estates, all maintaining at the last gaspe, that Perkin was the true Duke of Yorke, whose Affirma∣tions I will produce, give mee but leave by the way, to answer one Objection or Cavill brought against this Duke called in scorn, Perkin Warbecke. A new Writer affirming him to bee an Impostor, whose learning may be as much mistaken in this, as other things, though he laid a great pretence to knowledge, especially in the History of England and other Countreyes: indeed his judgement and reading are much exprest alike, in his Pamphlet which he cals the History of Perkin Warbecke, wherein he forfeits all his skill, to make him a parallel in advers fortunes, and supposed base qua∣lity, to the unhappy Don Sebastian late King of Portugall, who he also protests an Impostore. And to arrive at this huge know∣ledge, (he would have us thinke) hee tooke much paines in the sifting of Authors (and indeed I thinke he did sift them) concer∣ning his ignorance in the case of Don Sebastian (if he be not too wise to have it informed) I will urge some reasons on Don Sebasti∣ans side, who was King of Portugall: and invading the Kingdom of Barbary, Anno Dom. 1584. was overthrown in a fierce & bloo∣dy Battel in the fields of Alcazer, by the King of Morucco, where it