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Fyrste was author thys woman's whoredome.
ordained her house dayly prayer both before none and after none, the Admyral gettes hym out the waye, lyke moule diggying the earth. He shal Lotte's Wyse me long
For had not had hyr maydenhead, she
myghte have been maryed, and become
honeste womanne; whereas nowe beying nought lyve. He was covetous man, hor with hym, shee fell afterwarde that occasion rible covetous manne woulde there were no
other; and they that were nought wyth mo England was an ambicious man; hyr robbery, and she folowed; and thus woulde there were mo Englande: was
was author thys. This geare came sequels, peradventure thys maye seeme
Tyghte matter, but surelye
matter and he, unrepentance,
evyl worse, and from worse worste tyil the length was made spectacle
Commune mo Eug
great
frome all,
had lefte none
whye He sayed, would not his noritie have him brought lyke warde.
am sure hath been brought godly, with such schole-masters, never king was Eng lande, &c. ”
sedicious man, contemnar Prayer, would there were
land: gone, wolde
behind him. Remember you, my lordes, that you pray your houses, the better morti
fication your fleshe. ”
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509] STATE TRIALS, 3 Edw. VI. 1550–Duke of Somerset, for High Treason. [510
41. Proceedings in Parliament against EDw ARD, Duke of SoMER sET, Lord Protector, for Misdemeanours and High Treason :
3 Edw. VI. A. D. 1550. [2 Burnett's Reform. 183.
Acts and Mon. 748. 1 Cobb. Parl. Hist. 592. ]
THE duke of Somerset having taken the part city and commons aid them take him
of the common people against the nobility in from the king. ” This was signed the lord the business of Inclosures, made himself many Rich, lord chancellor; the lord St. John, pre
enemies. He had also given great grounds of sident the council; the marquis North jealousy by entertaining foreign troops in the ampton; the earl Warwick, great chamber king's service; and the noble palace he was lain and most the council. On the 12th raising in the Strand out of the ruins of some Oct. the whole council went Windsor, bishops houses and churches, drew as publick and coming the king, they protested, that an envy on him as any thing he had done : they had done was only out zeal and And his acting by own authority, without affection his person and service. The king asking the advice the Council, and often received them very kindly, and thanked them
against was assuming regal power, and for their care him. On the 13th they sat seemed not endured those who thought council, and sent for those who were ordered they were points his equals. Thus, kept their chambers, only Cecil (after
September, there were great heats between the wards the famous lord Burleigh) was go; lords and him. The king was then Hampton and, the end, the Lord Protector was com court, where the Protector also was, with some manded from the king's presence, and commit of his retinue and servants about him, which ted ward Tower within the castle of increased the jealousies: for was given out, Windsor, called Beauchamp Tower: and the he intended carry away the king. On the next day, being the 14th, they brought from 6th Oct. some the council met, and sent thence the Protector, and conveyed him the
proceeding. The Protector hearing these meanour and High Treason (c).
things, removed the king Windsor haste, and armed such could gather for his preser
ARTICLEs objected the Duke Somerset. That took upon him the office
vation whereupon several Letters passed be. tween the Council London, and those atWind sor (a): and last Proclamation was publish ed against the Protector the following effect
Protector,
should
assent
greatest part them. That contrary
this condition, did hinder justice, and sub
“1. That the Protector, his malicious and evil Government, was the occasion all the sedition that late happened within the realm.
the late king's executors, the
The loss the king's Pieces France.
That was ambitious and sought his own divers persons, arrested and imprisoned for
upon express condition, that nothing the king's affairs, but
vert laws his own authority, well let
2 Fox's
the lord mayor and aldermen London obey no letters from the Protector, and wrote the nobility inform them how they were
Tower London. Some time after, the lords resorted the Tower, and there charged the Protector with the following Articles Misde
glory, appeared
building sumptuous
treason, murder, man-slaughter, and felony, discharged, against the laws and statutes
the realm. That appointed lieutenants armies, and other officers the weighty
affairs the king, under his own writing and
and costly
o:
ters other command. That caused
king's esteemed nothing the grave counsel of the councillors. That he sowed
wars. That
the time the
division between the nobles, the gentlemen,
and the commons. That the nobles assem seal. That he comununed with ambassadors
bled themselves together London, for none other realms alone, the weighty matters other purpose but have caused the Protec the realm. That he would taunt and re
tor have lived within limits, and have put prove divers the king's most honourable such order for the surety the king's majesty councillors, for declaring their Advice the appertained whatsoever the Protector's king's weighty affairs against his opinion; some doings were, which they said were unnatural, times telling them, that they were not worthy
ungrate, and traitorous. That the Protec
tor slandered the Council the king, and did Traitor, within three days was called what him lay cause variance between the again, with cominandment given none them king and the nobles. That was great sold. Fox's Book Martyrs. 1217. Traitor (b), and therefore the lords desired the (c) Fox, and Hayward (in Life king
and that the Articles of his Accusation wore (by Proclamation, which had made him then read him.
(a) See the Articles offered the Protec
tor, and the Letters that passed between the his charge: but Burnet and Rapin say, the lords and the king, Burnet's Reformation, duke was called before the Council on the 11th,
183.
Edward VI. ) both say the duke was the Tower suall time before the lords laid the Articles
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511] STATE TRIALS, Edw. VI. 1550–Proceedings against Edward [512
to council; and sometimes, that need
not open weighty matters them and that they were not agreeable his opinion,
raise the king's subjects rebellion and open war. 22. That the king's privy council did consult London come him, and move
would discharge them. That against law him reform his government; but hearing held Court Request, his own house; and their assembly, declared, his letters
did enforce divers answer there for their free divers places, that they were high traitors the
hold and goods, and did determine the same. king. 23. That declared untruly, well
the king the other young lords attending his person, that the lords London intended
destroy the king; and desired the king never
forget, but revenge and desired the young lords put the king remembrance
officer, without the advice most part them, did dis the king's gift for money; grant eases and wards, and presentations bene
That being the Council,
ose offices
fices pertaining the king; gave bishopricks,
and made sales the king's lands. That thereof; with intent make sedition and dis
commanded alchimy and multiplication
practised, thereby abase the king's coin.
10. That divers times openly said, that the nobility and gentry were the only cause death; whereupon the people rose reform
cord betweeen the king and his nobles. 24.
That divers times and places, said, ‘the lords of the council London intended kill
me; but die, the king shall die and they famish me, they shall famish him. ’ 25. That
his own head removed the king sud denly from Hampton-Court Windsor, with out any provisions there made, that was
them should offences
vexed sued any for their pose. ”
their rebellion. 16. That time After he had read and considered the above
themselves. 11. That against the the whole Council, caused procla
matters
mind
mation
whereupon the people made divers insurrec thereby not only great fear, but cast thereby tions, and destroyed many the king's sub
made concerning Inclosures;
jects. 12. That sent forth Commission,
with Articles annexed, concerning inclosures,
commons, highways, cottages, and such like
matters, giving the commissioners authority
hear and determine those causes, whereby the Windsor, apparelled the king's armour, laws and statutes the realm were subverted,
and much rebellion raised. 13. That he suf
fered rebels assemble and lie armed
camp, against the nobility and gentry the harness many persons, leaving the king's
realm, without speedy repressing them. 14. That did comfort and encourage divers re bels, giving them money, and promising them fees, rewards, and services. 15. That caused Proclamation made against law, and
majesty's person unguarded; and would not
suffer his own guard and servants be next the king's person, but appointed his servants
and friends keep the gates. (d) 29. That intended Jersey Wales, and laid post-hores and men, and boat, that pur
favour the rebels, that none
said, that liked well the Articles he sent the underwritten Submission to actions the rebels; and that the avarice the Lords:
rebellion,
gentlemen gave occasion for the people rise; Edward Duke Somerset's first Submission.
die, than “I Edward, duke Somerset, have read
sures and other things, therefore the people specified, and acknowledge my said offences,
and that was better for them
perish want. 17. That the parliament were loth
said, the lords and considered these saide 29 Articles before reform inclo
had good cause reform them themselves. 18. That after declaration the defaults
Bulloign, and the pieces there, such did
survey them, would never amend the same. 19. That would not suffer the king's pieces
Newhaven, and Blackness, furnished
with men and provision; albeit was adver
tised the defaults, and advised thereto
the king's council; whereby the French king
was emboldened attempt upon them. 20.
That would neither give authority, nor suffer was then no time answer, was sent the
suppress rebels Tower; those whom had taken much them speak pains humble being become his proper
gently. 21. That Judges. He could not deny that most the present year, facts laid his charge were true. But the own private question was, Whether they were crimes? for
written was accused neither fraud nor rapine, dis nor of extortion. But that was to be decided
persed into divers parts the realm; beginning only the peers the realm, the par thus: “Good People;' intending thereby liament. ” Rapin, 72.
noblemen and gentlemen time convenient; but wrote the rebels fair, and use them upon the 5th Oct. the Hampton-Court, defence causes, procured seditious
Bills counterfeit hands, and secretly
into dangerous disease. 26. That his Letters caused the king's people assemble great numbers armour, after the manner war,
his aid and defence. 27. That he caused his servants and friends Hampton-Court and
when the king's servants and guards went un armed. 28. That he caused at Windsor his
own person the night-time guarded
faults, and crimes, doone and conteined the
same, and most humblie prostrate fullie and wholie submit myselfe
aboundant mercy and clemencie
majestie, for the moderation my saide of.
(d) This Article Stowe's Chronicle,
but omitted Hayward's Life Edw. and Burnet's l'eformation.
(e) “Upon these accusations, which
my knees,
the most the king's
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313) STATE TRIALs, 3 Euw. 1330–Duo somere, High Town. (514
fences; having my full trust and confidence, his knees before the king and council, and
that his majestie, with the advice his high signed and protested his offences had nesse most honourable counsaile, will consider flowed from rashness and indiscretion rather mine offences, faultes, wordes and proceed than malice; and that had treasonable ings, that anie my saide offences design against the king realin. both his clemencie pardoned, remitted, other houses soon passed the Bill against him, and wise discharged, that inaie enjoye the be was fined, act parliament, intitled, “An nefite thereof, although the same become un Act touching the Fine and Ransome the knowne. And farther, most humblie be duke Somerset;’ that for the punishment
seech my lordes, and other his majesties Inost honourable counsayle, not onlie
meanes his majestie, take awaie and con sider mine offences have proceeded more ignorance, negligence, follie, wilfulnes, and for lacke good consideration, than anie kank
his late Misdemeanors, whereby was fined 2000l. year land, and lost his goods and offices. ” Upon this, sent another Submission.
The second Submission Edward Duke So merscl, Prisoner the Tower.
“I am most fearefull and full heavinesse, my verie good lordes, understande that my last letter was better accepted your lordships handes, whom am bounde durin
erd tending
malicious hart, evil intent thought, anie treason his majestie
but that may please his majestie,
realm
the charitable advise their good lordships,
. . . i dealinge with me, that pleased your good nesse bring my case fine. truste your
have pity upon mee, my wife and children,
and take some mercifull waie with me,
not according the extremity his lawes,
but after his great goodness and cleinencie,
whereunto whatsoever shall bee, doe most
humblie with my hart submit myselfe. woulde intende, stand against the king's Written with mine owne hande the 23rd day majestie and youre lordshipes goodnes, that
December (Burnet says the 13th) the woulde goe about justifie my cause, seeing 3rd yeere our soveragne lord king Edward his majestie and your lordshipes offereth cle
the sixth. ”
would truly confess and sub his majestie, and your wisdone, goodnesse, the king's mercy. But some and discretion. And most humblie desire
they
Ho
Bill was fine
the Ar self wholie
the 2nd put against the duke ticles before-mentioned,
Somerset
with the above Con mercies;
me doe commit
his highnesse and your lordships
prevailed with do, did covet
pray onlie the moderation and declare youre goodnesse mine
fession. This was
upon assurance given, that should gently inabilitie beare it: And yet referred
my life, for your most gentie and
lordshipes never think that ever did,
mencie, mercie, and pardon. Although the owever, January, importable, yet my
dealt with, mit
the
your
did not know whethe othat Confession was not drawn from him foré and that might precedent pass Acts upon such papers, without examining the
lordshipes not think that was about contende with your lordshipes, when did speake my conscience, might erre, that
thought did for the best, doe acknow party, whether had subscribed them freely ledge and confesse, that neither am the wisest and uncompelled whereupon committee man the worlde, nor yet were, shoulde
was appointed four temporal lords and four not escape without most singular grace, but spiritual, who were sent examine him con manie times shoulde offende: But leave all cerning The day following the bishop that, and most humblie, simplie, wholie, and Coventry and Litchfield made the Report: lowlie, submit my selfe the king's majestie That thanked them for their kind Message, and your good lord-hopes; appealing from but that had freely subscribed the Conses the rigour and extremitie his majestie's sion (f) that lay before them. He made lawes, majesty's great mercie and cle
(f) “Many thought Confession very
strange thing, and aggravated the abjectness
such behaviour. But was doubtless be nignitie from me, for my rudeness and lack cause they would have been glad should
have taken another course, which would not patent. But was the patent minor king, have failed prove fatal him. certain, between ters and eleven years old only, who that among the Articles his Accusation, looking upon him his governor, did every
justified only thing his advice; wherefore the duke could the intention, which could scarce have serv never have cleared himself upon this Article, his turn the house peers the major any more than upon several others. Conse part whom were not inclined favour him. quently his only remedy was own himself
there were several which could
For instance, mention only the chief Arti guilty all, and cast himself upon the
cle; could deny that, contrary the con king's mercy. Besides, concerned him high
dition on which was inade Protector, had get out prison was possible any
degraded, duced them
true, WQL.
were, the other regents, and re terms, since was dangerous for him con the state of bare counsellors tinue any longer the hands his enemics. ”
might have alledged the king's Rapin, 76.
mencie; praying your goodness
his majestie, not bee offended with moe,
nor exclude his majestie's mercie and be
bee meanes
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515] STATE TRIALS, 5 Edw. VI. 1551–Proceedings against Edward [516
discretion, but to accept my good minde as one don for my former folly. And thus I most that faine woulde doo that were well. And humblie Commit your good lordships to Al
when I cannot or have not doome that things mighty God, to whom I shall alwaies pray that I ought to do, I would gladlie an ende, and am ye maie long continue in honor. From the readie at all times without condition to doo Tower, the 2d of Februarie. ”
and suffer willinglie that thing that your ho He came out of the Tower on the 6th of nours will appoint mee, accepting what cle February, giving bond of 10,000l. for his good
mencie or mercie soever I obtayne to be of his behaviour, but limited that he should stay at majestie's and your goodnesse. Most humbly the king's house at Sheen, or his own at Sion,
on my knees praying his majestie and your good and should not go four miles from them, nor lordships to pardone mine offences, and to or come to the king or council, unless he was call der me for them, as to his moste iligh mercifull ed; and when he knew that the king was to clemencie shall appeere convenient. And fi come within four miles of these houses, he was nailie flying from extremitie of justice, desire to withdraw from them.
mercie, as you bee, and are called, most merci On the 10th he had his Pardon, and carried full counseliors, not imputing my writings and himself so well, that on the 18th of April fol
doings hitherto as of stoutenesse or stubborn lowing he went by invitation to court, to the esse, but onlie for lack of discretion and wis king's majesty at Greenwich : where he was dome. For the which once again I require honourably received by the king and his coun pardon and favor to be shewed, and if it pleas cil, and dined with the king, and was sworn of ed your good lordshipes to heare me, I trust the privy-council : and the king of his special you should find me lowly unto your honors, favour, and at the humble petition of the coun and so conformable unto your lordships orders, cil, by patent dated June the 4th, gave him that I trust to make amends, and obtaine par back almost all his estate that was forfeited.
2. Proceedings against EDw ARD Duke of Soy Erset, for High Treason and Felony, at Westminster: 5 Edward VI. A. D.
1S Fox's Acts and Monum. 1217. 1 Cobb. Parl. Hist. 589. ]
THE duke of Somerset had such access to duke was chiefly Thomas Palmer's Inform
1551. [2 Burnett's Reform.
king, freedoms with him (notwith and such
ation th
who being brought
rland privately conspiracy.
the Nor
the
standing the late Judgment against him), that
the
king,". . . o. rested the
the earl of Warwick had a mind to get rid of
him. The duke seemed also in April this year
to have got the king again in his power, and
dealt with the lord Strange to persuade the last, before the duke Somerset being upon king to marry daughter Jane; and that journey towards the north, case Win. would advertise him that passed about Herbert, master the horse, had not assured the king. The earl Warwick had got himself him that should receive no harm, would created duke Northumberland and for se have raised the people: and that had sent veral his friends procured creation the lord Gray before know who would
new honours. The new duke Northum his friends: also that the duke of Northum
berland could longer bear such rival berland, the marquis Northampton, the earl greatness the duke Somerset was, who Pembroke, and other lords, should in was the only person that thought could vited banquet; and they came with
ing laid him, was apprehended io
taken, and some his followers, Hamond, sured the Tower, that Patridge should raise Newdigate, and two the Seymours, and London, and take the Great Seal; that Sey were sent prison.
The day after, the dutch mour and Hamond would wait upon him, and ess Somerset was also sent the Tower, that the horse the gendarmeric should with one Crane and his wife, and two her be slain.
chamber-women: after these, sir Tho. Hold The earl Rutland did affirm, that he had croft, Miles Patridge, Michael Stanhope, made party for getting himself declared Pro
take the king out his hands: design be
bare company, set upon the way;
strongly, should have been cut off their heads
the place their feasting. He declared farther, that Ralph Vane had 2000 men
on the 17th October, and sent the Tower,
and with him the lord Gray, Ralph Vane,
sir Tho. Palmer, Tho. Arundell, were also readiness: that sir Thomas Arundel had as
Wingfield, Bannister, and Vaughan, were
made prisoners,
But Thomas Palmer though imprisoned
tector the next parliament.
The above-mentioned particulars were told
the king, with such circumstances, that he was
with him accomplice, was the person induced believe them, and resolved leave that ruined him. The Evidence against the him the law.
Sir Thomas Palmer's Eramination.
He declared, That upon St. George's-Day
as an
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to of
as
of
sir
sir
all
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of
of
of
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to
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to
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to
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of
at
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to
of
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be
of
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be
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he
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in
517] STATE TRIALS, 5 Edw. VI. 1551–Duke of Somerset, for High Treason. (518
Sir Thomas Palmer's Second Eramination. Dec. The duke of Somerset came his
That the gendarmerie, upon the muster-day, Trial Westminster-Hall. The lord treasurer should be assaulted by 2,000 men, under sat high steward England, under the Ralph Vane, and hundred horses the cloth state, bench between two posts, duke Somerset's, besides his friends, which three degrees high. All the lords the num
should stand by, and besides the idle people, ber twenty-seven, viz. Dukes; Suffolk, Nor which were thought inclinable take part. thumberland. —Marquis Northampton. — Earls; That this done, would run through the city Derby, Bedford, Huntington, Rutland, Bath, and proclaim, “Liberty, liberty,’ raise the Sussex, Worcester, Pembroke. — Viscount He Apprentices, &c. And case his attempt did reford. —Barons; Burgaveny, Audley, Whar
not succeed, would the Isle Wight ton, Evers, Latimer, Bourough, Zouch, Stafford,
or to Poole.
Crane's Eramination.
Wentworth, Darcy, Sturton, Windsor, Crom well, Cobham, Bray. These sat degree under, and heard the matter debated.
He confessed all that Palmer had said;
which added, That the lord Paget's house
was the place, where the nobility being invited five several Indictments, king Edward has
banquet, should have lost their heads: and that the earl Arundel was made acquainted with the Conspiracy Michael Stanhope,
Journal; but the Record inentions only three, whether Indictments Articles,
not clear. “That had designed who was messenger between them and that have seized the king's person, and have the thing had been done, but that the greatness governed all affairs. That he, with 100
the enterprize caused delays, and some di others, intended have imprisoned the earl
Warwick, afterwards duke Northumberland. Somerset once, feigning himself sick, went oAnd That had designed have raised
versity advice. And further, that the duke
Lord Strange's Eramination.
He voluntarily informed how the duke de sired him move the king take wife his
sacramentum suum, quod Edwardus dux So mers' nuper Sion Comitat' Middlesex' Deum pre oculis suis non habens, sed insti gatione Diabolica seduct’ debit', legiantie sue minime ponderans, apud Holborne, pa rochia sancta Andree infra civit’ London, vice
third daughter the lady Jane and that
would his spy about the king, advertise
him when any the council spake privately
with him, and acquaint him what they said. Edwardi sexti quinto supradicto, diversis
simo die Aprilis anno regni dicti nuper Regis Hereupon the lord chancellor openly declar diebus vicibus antea postea false, maliti
ed the Starr Chamber these Accusations against the duke Somerset; and the 22d
ose, proditorie, per apertum factum circumi vit, compassavit, immaginavit, cum diversis aliis personis predictum nuper Regem Edward
Oct. with much shew and ceremony, were
the crafts and corporations London com um sextum statu suo Regali depomere
manded repair their Halls, and there was shewed them, That the duke Somerset would have taken the Tower, seized on the broad-seal, and have destroyed the city, and then
have gone the Isle Wight. After this
Declaration, they were charged each corpora bere retinere, acad voluntatem ejusdem nu tion ward every gate London, and have per Ducis regere tractare, acetiam ournia
walking watch through the city. Towards the singula dominia, negotia, authoritatesque Regias
latter end of Nov. Letter was sent the lord chancellor, cause sufficient Commission
date the said commission the 28th Nov. ; dington Comitat' Sur' Milit’, Milone Pa and the 1st of Dec. was ordered for his trial. triche nuper London, Milit’, Thoin' Hol
made, and sealed with the great seal
England,. . . of Oyer and Terminer, the lord imaginavit: ulterius juratores predicti pre marquis Winchester, that may thereby sentabant, quod idem nuper Dux Soners'
the king's seneschal, hac unica vice tantum, for suam proditoriam intentionem perimplend',
the hearing and determining the treaso. 's and profic end", malitia sua precogitat’ seipsum felonics the duke Somerset, giving the simul cum Michaele Stanhope nuper Be
The Crimes laid against him were cast into
London see what friends could pro cure.
Insurrection the city London. ” But the Indictment which here follows, only for designing seize and imprison the duke
Hamond's Examination.
He confessed that the duke of Somerset's Northumberland.
chamber Greenwich had been strongly guarded the night many armed men.
All these were sworn before the council, and the great's part of the nobility, that their con fessions were true; and they did say, that what was sworn was without any kind compulsion, force, envy, displeasure, but favourable
the duke they could swear with safe
consciences. o
“London'ss.
“Inquisitio capt’ suit apud Guihald’ Civitat' London die Sabbathi, videlicet vicesimo primo die Novembris, anno regni domini Edwardi
Anglie sexti, quinto, coram Ri
Majore London, chardo Dobbes tunc Civitat'
aliis Justiciaris, Commissioniariis per sacra mentum duodecin, &c. qui dixerunt super
Regalem ipsius nuper Regnis
injuria sua propria Per
sona
supremi domini abso; authoritate aliqua sibi per ipsum nuper Regem dat', sive concessa solam gubernationem predicti nuper Ducis ha
hujus regui Anglie libit' ipsius nuper Ducis, ordinare uti, adt unc idem arrogant’, false, malitiose, proditorie compassavit
natural’
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519) STATE, TRIALS, 5 Edw. WI. 1551. —Proceedings against Edward [520
croft nuper de London, Milit’, Francisco New supremum parem illorum seperatim publice digate nuper de London generos', accum diversis examinati quilibet eorum seperatin dixerunt,
allis person is ad numerum centum personarum
Jurator' predictis ignot' in forcibili modo ex
eorum propriis authoritatibus ad intentionem
capiend' & imprisonand' prenobilein Johannem nullo suit inde culpabil'.
nuper Ducen Northumberl’ adtunc Comitem eorum seperatum dixerunt, quod predictus Ed
Warr’, unum de Privat’ Concilio dicti nuper wardus nuper Dux Somers' feloniis predictis Regis tunc existen' adtunc & ibidem illicite, sibi seperation forma predicta superius im false, malitiose, & proditorie assenblaverunt, posit' fuit culpabil' modo forma, prout per ipsisque modo & forma predictis, illicite, vo seperalia indictainenta inde superius suppone luntarie, & malitiose assemblat”, ad perim batur, super quo instant' servien' dict, nuper plend’ & exemuend’ falsain & proditorian in Regis legen, ipsius nuper Regis Attorn' tentionem suam predictam, false, voluntarie, juxta debit' legis forman pet' versus eundem malitiose, & proditorie, adtunc & ibidem per Edwardum nuper Ducem Somers' judicium,
spatium duarum horarum & amplius insimul executionem super seperalibus felonis predictis continuaverunt & remanserunt, contra legian pro dicto nuper Rege habend', &c.
tian suam debitam, & contra paceum dicti nuper “Et super hoc visis per Curian predictam ad
Regis corpham & dignitatem suas, contra tunc intellectis omnibus
singulis premissis,
forman diversorum satutorum
hujustmodi consideratum suit quod predictus Edwardus ulterius Jura nuper Dux Somers' quoad seperales proditiones
predictas sibi seperatim forma predicta su perius imposit', quamlibet eorum oret inde quiet'. quoad seperalis felonias predict’, eidem nuper Duci Somers' forma predicta superius imposit unde invent' fuit culpabil',
provis’. presentabant,
seduct' vicesino die Maii, anno regui dicti nuper Regis Edwardi sexti quinto supradicto,
casti nuper edit’ tores predicti
quod predictus Somers' Deum pre ocu
Todwardus nuper
suis non habens, sed instigatione Diabolica
! "
seperalibus proditionibus predictis sepe
predictus Edwardus nuper Dux Somers’
ratim forma predicta
sibi superius imposit'
ulterius quilibet
diversis aliis diebus vicibus antea, pos ulterius consideratum suit, quod iden Edwar tea apud Holborne, predicta parochia sancti dus nuper Dux Somers' suspenderetur, &c. ”
Andree infra Civitat' London, apud diversa Then were read the Depositions Palmer, alia loca, infra Civitat' London predictam felo Crane, Hamond, &c. and the king's counsel nice, felo dicti nuper Regis per aperta verba opened the Indictment, and urged strongly
facta procuravit, movit instigavit complu Palmer's voluntary 1,xamination (as they called rim' subdit' dicti nuper Regis insurgend' with Crane's and the other Examinations.
apertam rebellionem insurrettionem infra The duke Somerset being, seems, little hoc regnum Anglie movend', contra ipsum nu acquainted with law, did not desire counsel
per Regem, adtunc ibidem felonice capiend' imprisonand' predictum prenobil' Johannen nuper Ducem Northumberland, tunc Comit' Warwic' de Privat' Coucillo dicti
muper Regis adtunc existen' contra pacem ipsius nuper Regis coronam dignitatem
suas, contra formam statuti hujusmodi causa editi provis’. -Et postea scilicet die Martis primo die Decembris, anno quin
supradicto, coram Willielmo Marchione
Wynton, Thesaurar' Anglie, necnon Senes
chillo Anglie, hac vice apud Westmonaste
rium ven' praedictus Edwardus nuper Dux So was ridiculous think, that with small
mers’, sub custod" Johannis Gage prenobil' or dinis Garterii Milit’, Constabular' dicti Turr' London, cujus custod' preantea causa
predicta, aliis certis causis commissus suit barr' apud Westmonasterium predictam
duct' propria persona sua qui committebatur prefat’ Constabular', &c. statim oinni bus singulis seperalibus proditionibus, fe loniis predictis sibi superius imposit' allocat' qualit' voluisset inde acquietari, dixit quod ipse nullo fuit culpabil’. inde bono
troop could destroy strong body, consisting 900 men; which, though had suc ceeded, could have signified nothing. That
never designed raise any stirs London, but had always looked upon place where
was most safe. That his having men about him Greenwich was with design, since when could have done mischief with them,
had not done it: but upon his attachment rendered himself prisoner, without any resist ance. He objected also many things against the Witnesses, and desired they might
malo pon' super pares suos, &c. Super
quo nric. Dux Suffolc', Johannes Dux Nor brought face face. He particularly spoke thumberland, ceteri Comit’ Barones, pre against Thomas Palmer, the chief witness. dict' Edwardi nuper Ducis Somers' pares in But the witnesses were not brought, only their stant super eorum sidelitatibus legianc' dicto Examinations before-mentioned read. Upon muper Regi debit per prefat' Seneschal' Anglie this the king's counsel replied, and avouched
veritate inde diceud' onerati; postea the law be, assemble men with intent per eundem Seneschal’ inferiori pare, usque kill the duke Northumberland, was Treason
plead assist him point law, but only answered matters fact: desired no ad vantage might taken against him for any
any time have never intend parts, but had Wm. Her bert his friend; that had never deter
mined have killed the duke Northumber
idle angry word that might fallen from him; protested
have raised the north only upon some reports, sent
land, any other person, but had only talked
without any intention doing That for the design destroying the gendarmery,
ab
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521] STATE TRIALS, 5 Edw. VI. 1551. —Duke of Somerset, for IIgh Treason. [522
by a Statute of the 3rd and 4th of Edw. 6, Then the duke Northumberland addressed made against unlawful Assemblies, which himself the duke, and told him, That now,
enacts, “That if twelve persons should have since the law was condemned die, assembled together to have killed any privy he had saved him formerly, so he would not counsellor, and upon proclamation they have now wanting serve him, how little soever not dispersed themselves, it was Treason : or, expected
if such twelve had been by any malicious fore
artifice brought together for any Riot, and mised him
being warned, did not disperse themselves, it duke of Somerset then thanked the lords for was felony without benefit of clergy or sanc their favour, and asked pardon the duke tuary. ’ That to raise London, or the North Northumberland, Northampton, and Pem parts of the realm, was Treason. That to broke for his intentions against them and have men about him to resist his Attachment made suit for his life, and for his wife and chil was felony. That to assault the lords, and to dren and from thence he was carried the devise their deaths, was felony. These things Tower, where remained till January 22, were urged against him by the counsel (as is
their usual way of pleading) with much bitter ness. Then the peers withdrew to debate the
matter. The Proofs about design raising the North the City, killing the gen darmes, did not satisfy them, (for these had been without question treasonable) they only held that point, conspiring im prison the duke Northumberland. ’ The duke
when his Petition for life having been rejected, was brought the scaffold about eight
Suffolk was opinion, That among private subjects should
contention any ac
o'clock the morning.
Account the Duke's Erecution.
Touching which Execution (i) few words
here would bestowed describing the won
derful order and manner thereof, according hath faithfully been suggested upon the
credit certain noble personage, who not only was there present the deed doing, but also manner next unto him upon the scaffold,
count screwed Treason.
Northumberland said he would never consent beholding the order things with eyes,
The duke
that any practice against him should re
uted Treason. Several the lords said, person mean spirit, whose patience had
They held unfit that the duke Northum long abused, male-administration, and had berland, the marquis Northampton, and the procured his imprisonment; after that, being earl Pembroke should on the Trial; be reconciled him, put him upon beheading cause the prisoner was chiefly charged with his brother, who was exceeding brave, and for practices intended against them. But Answer midable Northumberland. Which done, was made, That peer the realin might not after had gained his wish, and drawn the
be challenged. So after great difference opinion, they acquitted him Treason.
But the greater number found him guilty Felony, (g) and Judgment was given that
chief power into his own hands, had nothing else do, but remove Somerset himself out the way towards whom shewed such
contempt, drove the other upon thought killing Dudley, for the vindication his own
should
hanged. (h)
(g) “One Attainder passed Edward oth's
reign, when, though the party was not beard, coat mail under his cloaths, and carrying
the witnesses were heard but when the duke of Somerset came be tried both for Treason
and Felony, had not the benefit the ac cusers being brought face face, but was pro ceeded against upon depositions read the court; was acquitted the Treason, but cast for Felony and that occasioned the Act which the commons grafted upon Bill sent
the subsequent sessions, State Tracts, vol.
with him party armed men, whom left
the next chamber; but when was intro
duced the civilest manner Dudley, who was naked, and lying upon his bed, the good natured man repented him, would not execute
design, and departed without striking stroke. The plot being afterwards discovered:
the treachery some the accomplices, was accused upon and, notwithstanding
down
viz.
554.
dicted, arraigned, &c. unless the offender
the lords and Edw.
the unwillingness the king, who had been in brought under his care, was condemned
which Act,
person shall
accused cusers,
brought
cused,” &c. Rastas, 102.
(h) Thuanus translated Wilson, vol. 409,
there were troubles
says,
most dangerous na
person before the party ac
sellor, though did not accomplish should forfeit his head. Accordingly, the beginning
the next year, was, sport fortune, beheaded
him suffered Ralph Vane,
Somerset was said have held his unlawful cabals, and have conspired against Northum berland and others. ”
(i) Fox's Book Martyrs, 1247.
ture; for John Dudley, first created earl Warwick, and then duke Northumberland,
ambitious and sagacious man, had accused the duke Somerset, Protector the realin,
the Rev. Mr.
the malignant London. With whose advice
“In England
authority.
from him desired him there the king's mercy, which pro
would faithfully serve him. The
Somerset therefore went his house under pretence visit, covered with
death, because had offended against late two lawful accusers which ac law, which had provided, That whoever was
the time the Arraignment, shall found contriving the death privy-coun
of
; a
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523] STATE TRIALS, 5 Edw. VI. 1551. -Proceedings asainst Edward [524
and with his pen also reporting the same in ‘whereunto willingly offer myself, with most order and manner as here followeth : “hearty thanks unto God, that hath given me
In the year of our Lord 1552, the 22nd day “this time repentance, who might through
of January, the noble duke of Somerset, uncle ‘sudden death have taken away my life, that
to king Edward, was brought out of the Tower “neither should have acknowledged him nor
of London aud delivered to the sheriffs of the “myself—Moreover, dearly beloved friends,
city, and compassed round about with a great
number of armed men, both of the guard and
others, he was brought unto the Scaffold on
Tower-hill; where as he nothing changing nei
ther voice nor countenance, but in a manner
with the same gesture which he commonly used
at home, kneeling down upon both his knees,
“there yet somewhat that must put you “mind of, touching Christian Religion; which,
“so long was authority, always dili
“gently set forth and furthered my power. “Neither repent me my doings, but rejoice therein, sith that now the state Christian Religion cometh most near unto the form and
and lifting up his hands, commended himself ‘order the primitive church. Which thing
unto God. After that he had ended a few
short prayers, standing up again, and turning
himself toward the east-side of the scaffold, no
thing at abashed (as seemed unto me “forth unto you, you will with like thankfulness standing about the midst the scaffold, and “accept and embrace, and set out the same diligently marking things), neither with the ‘your living. Which thing you not, sight the ax, neither yet the hangman,
present death; (k) but with the like ala
crity and chearfulness mind and countenance
as beforetimes he was accustomed hear the there was terrible noise heard whereupon causes and supplications others, and espe there came
cially the poor, uttered these words the noise was people: great storm
“Dearly beloved friends; am brought seemed
‘hither suffer death, albeit that never great deal
“fended against the king, neither word nor armoury, and having caught fire, had violently
“deed, and have been always faithful and broken out. But unto some again, seemed
“true unto this realm, any man hath been.
“But forsomuch am law condemned ‘to die, acknowledge myself well
others subject thereunto. Wherefore testify my obedience which owe unto the
though had been great multitude of horsemen running together, coining upon them. Such noise then was the ears of
men, albeit they saw nothing. Whereby
happened, that the people being amazed
without any evident cause, without any violence stroke stricken, any man seen, they ran
laws, am come hither suffer death
. . . forgery;
(k) “It was generally believed, that
this pretended upon which was some into the houses thereabout other some
condemned, was only for both Pal being 'afraid with the horror and noise, fell
mer and Crane, the chief witnesses, were soon down groveling unto the ground with their
after discharged, were also Bartvile and pole-axes and halberts; and most them
Hamond, with the rest that had been made cried out, “Jesus save us, Jesus save
prisoners the pretence this plot. And Those which tarried still their places, for the duke of Northumberland continucd after fear knew not where they were. And my
that close friendship with Palmer, that self which was there present among the rest,
was generally believed had been corrupted betray him. And indeed, the not bringing witnesses into court, but only the depositions,
being also afraid this hurly-burly, stood still altogether amazed, looking when any man would knock me on the head. —In the mean time, whilst
and the parties sitting Judges, gave great occa these things were thus doing, the people by
sion condemn the proceedings against him. For was generally thought, that was
artifice Palmer's, who had put the duke Somerset fear his life, and got him gather men about him for his own preservation; and that afterwards being taken with him, seemed through fear acknowledge that which he had before contrived. This was more
chance spied one Anthony Brown riding un the scaffold, which was the occasion new noise; for when they saw him coming, they con jectured that which was not true, but notwith standing which they wished for, that the king that messenger had sent his uncle Par don; and therefore with great rejoycing, and
casting their caps, they cried out, Pardon, pardon come God save the king Thus
this good duke, although was destitute
man's help, yet saw before departure, how great love and favour was with men.
confirmed the death the other four, who were executed on the 26th of Feb. and did all
all Vane added, That his blood would make Nor And truly not think, that great
protest they had never been guilty any de sign, either against the king, kill the lords.
thumberland's pillow uneasy him. The
people were generally much affected with this execution. ” Burn. Reform. 136.
slaughter dukes hath been England with these few years, there were many weeping
eyes one time; and not without cause: for
of
“you all, that this which most purely set
esteem great benefit given God both
‘unto you
me most heartily exhorting
‘without doubt greater mischief and calamity will follow. ’
When had spoken these words, suddenly
great fear men. This had been the noise of some
tempest, which unto some heard from above; like
gunpowder being inclosed an
away, some into the ditches and puddles, and
2 by
of so II of hein on to to
all all
at
by
in
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525] STATE TRIALS, 5 Edw. VI. 1551. —Duke of Somerset, High Treason. [526
all men did see the decay this duke, the the sheriffs farewel, then the lieutenant the
public ruin England, except such
deed did perceive nothing. But now
turn from whence we have strayed, the duke the mean time standing still the same place, modestly, and with grave countenance, made
sign the people with hand, that they would keep themselves quiet. Which thing be
home and abroad, and less diligent seeking the common commodity the whole realin. At which words the people
Tower and others, taking them the hands re which were upon the scaffold with him. Then gave the hangman certain money. Which done, he off his gown, and kneeling down
again the straw, untied his shirt-strings. Af ter that the hangman coming unto him, turned down his collar round about his neck, and all other things which did let hinder him. Then listing his eyes Heaven, where his onl
Dearly beloved friends, there
matter here hand, you vainly hope own handkerchief, laid himself down along, believe. seemeth thus good unto Almighty shewing manner token trouble fear, God, whose ordinance meet and neces neither did his countenance change, but that be
“sary that obedient unto. Where fore his eyes were covered there began appear fore pray you quiet, and con red colour the midst of his cheeks. -Thus
tented with my death; which am most wil this most meek and gentle duke lying along, ‘ling suffer: and now join prayer and looking for the stroke, because his doublet
unto the Lord for the preservation the covered his neck, was commanded rise king's majesty, unto whom hitherto have and put off; and then laying himself down always shewed myself most faithful and again upon the block, and calling thrice upon true subject. have always been most dili the name Jesus, saying, ‘Lord Jesu, save
“gent about his majesty his affairs, both me! " As was the third time repeating the
same, even the name Jesu was uttering, moment he was herest both head and
ing done, and silence obtained, them this manner:
spake unto
such hope remained, and covering his face with his
life. ”
His son continued
“uprightly withjustice. Unto whom exhort house peers: which giving great light into
disconsolate condi his titles; till queen Eliza
unto his counsellors the grace and favour
God, whereby they may rule things 1660, presented the following Case the
cried out, and said, “It was not true. ' Then the duke proceeding, said, “Unto whose majesty
tion, deprived
beth, the 1st year
earl Hertford, and baron Seymour; and his grandson, William earl Hertford, was created marquis Hertford, 1640, and the year
wish continual health, with felicity and
“prosperous success. ’ Whereunto the people again cried out, “Amen. ”—“Moreover, wish
her reign, created him
“you “dient,
the Lord, shew yourselves obe that proceeding,
here inserted.
your bounden duty, under the condemnation, and also most profit able for the preservation and safeguard the
king's majesty. Moreover, forsomuch
heretofore have had oftentimes affairs with
divers men, and hard please every
man, therefore there any that hath been FDw ARD, earl Hertford (great grand offended and injured me, most hutmbly father the said marquis) was letters pa require and ask him forgiveness; but especially
Almighty God, whom throughout my life
have most grievously offended and other
whatsoever they that have offended me,
with my whole heart forgive them. Now once
again require you, dearly beloved the Lord, ever; with several other remainders over that you will keep yourselves quiet and still, tail. -The said duke afterwards, viz. Mi lest through your tumult you might trouble chaelmas-Term, Edw. was indicted
me. For albeit the spirit willing and Felony, for procuring and stirring others ready, the flesh frail and wavering and take and imprison John earl Warwick (one
pain
the
HERT
touch
through your quietness, shall much more quieter. Moreover, desire you bear me witness, that die here the faith
“Jesus Christ; desiring you help me with your prayers, that may persevere constant
“in the same unto my life's end. "
After this, turning himself again about
like meek lamb, kneeled down upon his knees. Then Dr. Cox, who was there present counsel and advertise him, delivered cer
tain scroll into his hand, wherein was contained brief Confession unto God; which being read, stood again upon feet, without any trouble mind, (as appeared) and first bad
the king's privy council); which Indictment (though void both matter and forin) was pre tended grounded the statute and
Edw. which makes Felony stir and
The Case ing
Marquis Dukedom Somerset,
Ford,
1660,
when the Bill was brought into Parliament
restore him the Title Duke So M FRSET.
tents under the great seal England, bearing date the 6th April, Edw. created duke Somerset, hold him and the heirs males his body, upon the body the lady Anne
his then wife begotten and begotten, for
any the king's council; but this Indictment was only for stirring others imprison privy counsellor, (which was never reduced into act)
and the same declared and branded print void learned judges. Yet the said duke
was found guilty Felony, and put death this fact, which was but pretended felony;
and true, yet entailed estate forfeitable thereby. —The malice his enemies not satis
procure others take away the life
of
up Iit weItof
a ‘** he to
**•* *• * ••*•*••••*•• a
forbe
a
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- 527] STATE TRIALS, 5 Epw. WI. 1551–Froceedings concerning [52s
fied with his blood, afterwards their power (in the infancy the duke's heir, who continued and was owned for duke of Somerset for several
whatsoever name or names he the same duke
hath been called, named, created, any
letters patents, writs, otherwise. ” This being case unprecedented, both law and history, and contrary the rules law, justice and reason, have attainder Felony stand, the late duke Somerset's Lands,' wherein for offence, which apparently neither then,
months after his father's death,) procured act parliament the same year, Edw.
intituled, “An Act touching the linitation
there clause obliquely inserted, take away the said honour entailed aforesaid;
nor any time after, was felony; and felony yet have forfeiture extended beyond the offence, there were any) and
maliciously prosecuted after the death the said duke, (who was mainly instrumental
Re
which Felony (how notorious soever the
same had been) could law have been for
feited, viz. “And farther enacted, That the
said duke and his heirs males, begotten upon bringing about the blessed Reformation
the body the said lady Anne for ever, shall, ligion), humbly conceived most
authority this Act, lose and forfeit unto agreeable justice restore the said marquis,
your highness, your heirs and successors for who heir male of the bodies of the said duke
ever, and also deprived from henceforth for and the lady Anne his wife, his ancient ho
ever, well the names viscount Beau nour, illegally taken away aforesaid.