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Inst. 140. Dy. 188. and the mar
ginal cases the edition 1688–The manner which sir Edmond Knevet obtain
pardon his offence, must strike every
loose his right hand whereupon was called the execution, first the serjeant chirur
gion, with his instrument appertaining his office: the sergeant the woodyard with the mallet and blocke, whereupon the hand should the master cooke for the king with the knife: the sergeant the larder set the knife right the ioynt the sergeant farrier with his searing yrons seare the veines: the
punish
enquire the said stripe, the which in quests was found Guilty, and had Judgement
one the the king's
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445] STATE TRIALS, 33 HENRY VIII. 1542. –$2ueen Catharine Howard. [446
sergeant of the poultry with a cocke, which iudged to loose his hand, but also his body to re cocke should have his head smitten off vpon maine in prison, and his landes and goods at the the same blocke, and with the same knife : the kings pleasure. Then the sayd Edmond Kne yeoman of the chandry with seare clothes : the vet desired that the king his benigne grace, yeomen of the scullery with a pan of fire to would pardon him his right hand, and take heat the yrons: a chafer of water to coole the the left: for (quoth he) my right hand ends of the yrons: and two fourmes for all spared, may heareafter doe such good seruice officers to set their stuffe on : the sergeant of grace, shall please him appoint. the seller with wine, ale, and beere: the yeo Of this submission and request the justices
men of the evry in the sergeants steed, who was forthwith informed the king, who his goodnes,
the said Ed lords and ladies,
tion, there was called forth sir William Picker granted him pardon, that
ing knight marshall, to bring in the said Ed ther hand, land, nor goods, but should free
absent, with bason, ew. re, and towels. Thus considering the gentle heart every man in his office ready to doe the execu mond, and the good report
should loose nei
mond Knevet, and when hee was brought to
the barre, the cheise justice declared to him his trespasse, and the said Knevet confessing him
seife to be guilty, humbly submitted him to the kings mercy: for this offence he was not onely
liberty. (a)
(a) See the Case the duke Devonshire, 1687; and of lord Thanet and Mr. Fer
gusson, 1799.
37. Proceedings against Queen CATHARINE HowARD, for Incon tinency: Henry VIII. 1542. [Lord Herbert's Life Hen. VIII. Kenn. Comp. Hist. 228. Rapin, 831.
Cobb. Parl. Hist. 550. ]
BUT our king encountered greater vexation;
for the queen was supposed offend Incon
tinency; some particulaors whereof being extant respect the virtue and good behaviour
our Records, have thought fit, says lord Herbert, transcribe, rather than make other narration; the family which she came
which she shewed outwardly, did her honour accordingly. But this joy turned into extream sorrow for when the king's majesty receiving
being noble and illustrious, and the honour his Maker Alhallows day last past, then gave of her sex (which being concerned him most humble and hearty thanks for the
therein. The Letter
sent from divers of the good her, life led and trusted lead with
Council William Paget, our ambassador then and also desired the bishop Lincoln, his
France, was this
“After our hearty commendations, these
ghostly father, make like prayer, and give
our letters, we commanded signify unto
you, most miserable case, which came lately little before heard, that the same mistress Ca
revelation, the intent that you shall hear tharine Howard was not indeed woman of the same spoken you may declare the truth that pureness and cleanness that she was es followeth Where the king's majesty upon teemed but woman, who before she was
the Sentence given the
tended Matrimony between his highness, and the lady Anne Cleve, was earnestly and hum
had lived most
bly solicited his council, and the nobles this realm, frame his most noble heart love and favour some noble personage
the
with the
corruptly and sensually; for the discharge his duty opened the same most sorrowfully
majesty, and how was brought know ledge, which was this form following. —While the king's majesty was his Progress, one John Lossels came the said abp. Canterbury, and declared unto him, that had been with
sister his married Sussex, which some times had been servant with the old dutchess of
Norfolk, who did also bring the said mis tress Catharine, and being with his said sister, chanced fall communication with her of the queen, wherein advised her (because she was the queen's old acquaintance) sue
her woman; where unto his sister answered, that she would not but she was very sorry for the queen; Why, quoth Lossels?
joined with him lawful Matrimony,
whom Lis majesty might have some more store fruit,
and succession the comfort this realm; pleased his highness upon notable appearance honour, cleanness and maidenly behaviour,
bend his affection towards mistress Catharine Howard, daughter the late lord Föhmond Howard, brother me the duke Norfolk, insomuch his highness was finally contented
honour her with his Marriage, thinking now his old days, after sundry troubles mind,
foil.
the pre joined king's majesty,
which have happened unto him Marriages,
have obtained such jewel for womanhood, Marry, quoth she, for she light both living
and very perfect love towards him, should and condition: How so, quoth Lossels? Marry, not only have been quietness, but also quoth she, there one Francis Deri ham, who
brought forth the desired fruit marriage, like the whole realm thought the semblable, and
like thanks with him on mass, the archbishop
day being Canterbury having
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447] STATE TRIALS, 33 HENRY VIII. 1512–proceedings against [44s
was servant also in my lady of Norfolk's house, that offence making these pretences the which hath lien in bed with her in his doublet intent spark suspicion should rise these
and hose between the sheets an hundred nights. Examinations. The said Lord Privy Seal And there hath been such puffing and blowing found the woman in her Examination constant between them, that once in the house a maid her former sayings; and Tho. Wriothesly which lay in the house with her, said to me, found the Confession Mannock, that he
She would longer with her, because she knew not what matrimony meant. And further she said unto him, that one Mannock, some times also servant the said dutchess, knew privy mark her body. When the said Los sels had declared this the said abp. Can terbury, considering the weight and import ance the matter, being marvellously perplexed there with, consulted the same with the lord chancellor England, and the earl Hertford, whom the king's majesty going his Progress
had commonly used feel the secrets and other parts her body, ere ever Derrham was
familiar with her and Derrham confessed that had known her carnally many times, both his doublet and his hose between the sheets, and naked bed, alledging such Wit nesses three sundry women one atter ano ther, that had lien the same bed with them when he did the acts, that the matter seened most apparent. But what inward sorrow the king's majesty took when perceived the In
left reside London, order his affairs formation true, was the unost woful thing those parts; who having weighed the matter, that ever came our hearts, see it;
and deeply pondered the gravity thereof, where were too tedious write unto you. But his with they were greatly troubled and unquieted, heart was pierced with pensiveness, that
resolved finally that the said archbishop should long was before his majesty could speak, and reveal the same the king's majesty; which utter the sorrow of his heart unto us and
because the matter was such, hath sor rowfully lamented, and also could not find
his heart express the same the king's ma
jesty word mouth, declared the Infor mation thereof his highness writing. When the king's majesty had read this Information
her honesty, that sup night she disclosed the winole the abp. of forged matter, than Canterbury, who took the Confession the pleased him secretly same Writing subscribed with her hand
him, grace being
his much
constantly denyed it; |. . . }
thus delivered unto
perplexed therewith, yet nevertheless tender matter being
the first she loved the woman, and had conceived such perceived
constant opinion
posed rather
truth. Whereupon
call unto him the lord privy seal, the lord ad then were the rest the number, being eight miral Anthony Brown, and Tho. Wrio or nine men and women which knew of their
thesly; whom opened the case, saying, doings, examined, who agreed one tale. He could not believe true And yet —Now may you see what was done before the seeing the Insormation was made, could not Marriage; God knoweth what hath been done be satisfied till the certainty thereof was sithence: but she had already gotten this Derr known but would not any wise, that ham into her service, and trained him upon the inquisition any spark scandal should rise occasions, sending errands, and writing towards her. Whereupon was his majesty letters when her secretary was out the way, resolved, that the lord privy seal should come often into her privy chamber. And straight London, where the said Lossels that she had gotten also into her privy chamber gave the Information was secretly kept, and be one her chamberors, one the women with dexterity examine and try whether which had before lien the bed with her and
would stand his saying Who being Derrham what this pretended easy
examined, answered, That his sister told conjectured. Thus much we know for the be
him, and that had declared for the dis ginning; whereof we thought meet adver
charge his duty, and for none other respect; tise you, the intent afore specifyed and adding that knew what danger was it; what shall further succeed and follow this
nevertheless, had rather die declaration matter, we shall not fail advertise you the truth, came him, seeing touched thereof accordingly. —You shall also receive the king's majesty nearly, than live with the herein inclosed packet Letters, directed
concealment the same which asseveration unto Henry Knevet, his graces ambassador being thus made the said Lossels, the king's with the emperor, which his highness's pleasure majesty being informed thereof, sent the Lord you shall see conveyed unto him the Privy-Seal into Sussex, examine the woman, next post. Thus fare you right beartily
making pretence the womans husband hunting, and her for receiving hunters and sent the said Tho. Wriothesly London
the same instant, both examine Mannock. and also take the said Derrham upon
retence pyracy, because had been before Ireland, and hath been noted before with
well. –From the king's Palace Westminster
finally with plenty tears (which was strange his courage) opened the same. Which done,
she was spoken withal the abp. Canterbury, the Lord Chancellor, the duke
Norfolk, the Lord Great Chamberlain land, and the bishop Winchester;
Eng
whom but the unto her, that she wholly disclosed, the same
November. Your loving Friends, Thomas Audeley, Chancellor;
the 12th
Here were other
defaced the Original; but ‘D. Norfolk' may
Names,
which are now the contents the Letter supposed one.
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449] STATE TRIALS, 33 IENny VIII 1542. –Queen Catharine IIoward. [450
F. Hertford, William Southampton, Robert the bill against her majesty was ordered to be Sussex, Stephen Winton, Anthony Wingfield. ” suspended. —On the 30th of January, the chan Besides the persons specifyed in this Letter, cellor declared to the lords openly, that the one Thomas Culpeper (being of the same name privy council, on mature deliberation, disliked with the queen's mother) was indicted for the the message that was to be sent to the queen ;
same fault (as our Histories have it,) which he nevertheless, in the mean time, they had thought
and Derrham at their Arraignment confessing, another way, less faulty, put Culpeper had his head cut off, and Deorham king, rather altogether demanded was hanged and quartered. But it rested not him 1st. That his majesty would conde
the
scend, according his usual wisdom council, weigh equal balance, the mutability
human affairs; that nature weak and Norfolk, and divers of the queen's and the said corrupt none made free from accidents; and
here ; for the lord Wm. Howard (the queen's uncle, newly returned from an as:bassage in
Irance) and his wife, and the old dutchess of
dutchess's kindred and servants, and a butter that man can
wife, were indicted of Misprision of Treason the whole state
(as concealing this fact,) and condemned to majesty's resolution
perpetual prison; though yet by the king's trouble and solicitude. Next, that the attainder favour some of them at length were released. of Thomas Colepepper and Francis Dereham, The king yet not satisfyed thus, for more au- with the king's assent, should be confirmed by thorizing proceeding, referred the business authority parliament. Also, the attainder
the parliament sitting the 16th Janut-
misprision against lord William Howard.
ary, 1511. the 21st the same month Bill was brought into the house, and read
first time for the Attainder, the charge High Treason, Catherine Howard, late queen England, and Jane lady Rochford, with
And that the parliament might have leave pro ceed give judgment, and finish the queen's
cause; that the event that business may longer doubt. 3rd, That when all these things are compleated just par others. And the same Bill was contained liamentary method, without any loss time,
happy every thinz. That the kingdom depends his
divert mind from-
the Attainders, mi-prision treason, that then majesty would condescend Agnes Howard duchess Norfolk, Wm. How- give royal assent them; not being ard, &c. On the 28th, the lord chancellor present and speaking openly, the custom
declared the rest the peers, “How much hath been other parliaments, but absent, concerned their honours, not proceed letters patchts, under the creat seal
give too lasty judgment the bill for the England, and signed his own hand. That attainder the queen and others, which had the remembrance of this late and sorrowful
yet been only once read amongst them. For story and wicked facts, repeated before him, that they were remember that queen was may not renew grics and endanger his ima no mean private person, but an illustrious jesty's health. Lastly, they were beseech
and public one. Therefore, her cause was
be judged with that sincerity, that there should be neither room for suspicion some latent quarrel, that she should not have liberty clear herself, perchance, reason coun cil she was able from the crime laid
majesty that chance, speaking freely the queen, they should offend against the statutes then being, out his great elemen
her charge. For this purpose thought but reasonable, that some principal persons,
de
duke Suffolk, with the earl Southampton, were deputed for that purpose. ”—January 31,
well puted
the lords commons, should
the lord chancellor declared
“That their message and request
had been delivered his majesty commissioners; and that the king had denied
part their petition, but had orderly grant:
every part That had returned them thanks for their loving admonition re
the queen, partly tell her the their coming, and partly order
cause
help her womanish fears, advising and ad monishing her have presence mind enough
the lords
say anything make her cause better. He knew for certain, that was but just that princess should judged equal laws with
themselves; and could assure them, that
the clearing herself this manner would
highly acceptable her most loving husband. jesty declared further them than thos durst But that some answer ought had from ask him, the case desiring liberty her, and report the truth mojesty, speech, &c. For told them granted yet his advice was, that they should choose the more, giving leave for each man speak his archbishop Canterbury; Charles duke mind freely, and not incur the penalty which Suffolk, grand master the houshould Wil the laws had fixed on those who took the liber lian earl Southampton, lord privy seal; with talk the incontinency que, us; the bishop Westminster; the king's coun especially when the said person did not
cil approved this, day after day, repair
the queen, treat this matter, according
their own prudence might think necessary. ”
And
L.
the mean time, the sentence concerning
On the 11th February, the lord chancellor produced two statutes, which had passed both
cy, would pardon And piopound majesty, the archbishop
and every them for these matters his Canterbury, Charles
gard health; which said took care not much for the sake his own body, that the whole republic. Nay, his ma
out malice will, but out zeal for his service. ”
the house, yesterday
w" (). in
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4&n STATE TRIALs, as Hesay VIII. 1540–Trial of Henry, Earl of surry, (132
lords and commons; one concerning the At left recompence them they deserv tainder of the queen, and the other about the ed. ” The earl Southampton, lord privy method of proceeding against lunatics, who he seal, next stood the house, and, near fore their insanity had confessed themselves the same words, confirmed what the duke had guilty of high treason. Each statute signed said adding Here the Journal Book with the king's own hand, and together with again breaks off abruptly, and we are only his majesty's assent to them, under the broad told that the chancellor prorogued the parlia seal, and signed also, which was annexed to ment the Tuesday following. This last the said statutes. This the chancellor held hiatus manuscripto, along with the former, furth in both hands, that both lords and coin makes seem evident, that they were not done mons, who were called for that purpose, might neglect the clerks, but design; and apparently sce and that the statutes might that was trick state, prevent posterity from thcnce have the full force and authority from being acquainted with some matters, not law. Which, when done, the duke Suf consistent with the respect they then paid
folk, grand master the king's household, deli their grand monarch.
vered himself, very serious discourse,
this effect: told the houses, That and
his fellow-deputies, appointed wait upon the
queen, had been with her; and that she had Anne) were brought the Tower, and after openly confessed and acknowledged them
the great crime she had been guilty against
the most high God and kind prince, and
lastly against the whole English nation. That
she begged them implore his majesty not
impute her crime alone her whole kin dred and family. But that his majesty how soever unworthy she might and undeserving,
would yet extend his unbounded mercy and his
singular beneficence her brothers, that
they might not suffer for her faults. Lastly,
off. -An Act also passed, declaring that shall lawful for any the king's subjects, them selves perfectly know, vehement pre sumption perceive any will, act condi
bescech his majesty that would please him
bestow some of her cloaths on those maid-ser conceal the same, shall High-Treason,
wants who had been with her from the time of &c. Iłut this Act was repealed Edward VI. her marriage, since she had now nothing else 12. and Mary
3S. The Trial HENRY Earl SURREy, for High Treason, before
Commissioners Henry VIII.
his Father Thom.
Oyer and Terminer, Guildhall, London: 1546; with the Proceedings against
[Lord Herbert's Hen. VIII. Burn. Reform. 345. ]
aster of the renowned lord the duke of Nor
folk, and the execution his son Henry the earl Surrey, which passed this manner,
our records tell us. -The dutchess Elizabeth,
daughter Edward Stafford duke Bucking ham, having for many years entertained vio
might interrupt the order intended give, was not unwillingly heard. So that not withstanding his many important and faithful
services, both war and peace, home and abroad, and his son Henry earl Surrey
duke
Norfolk, for the same Crime. Kennett's Compl. Hist. 263.
Extract from Lord Herbert's Hen.
SHALL conclude this year,1546, for the rest, disquieted with scruples that the
were exposed the malignity and detraction lent jealousies the duke her husband's ma their accusers. This again fell out
trimonial affection and loyalty, broke out unfortunate time; for besides that the lady his last open rancour, divers occasions dutchess had now for above four years been scandal were given; iiisomuch, that not being separated from him; son the earl Surrey content with having surmized long while was but newly, and perchance, scarce recon
since two Articles against him, she again, ciled with him; his daughter Mary dutchess sundry letters the lord privy-seal, both averr Richmond not only inclined the protes the Articles, and manifestly accused some tant party, (which loved not the duke) but
his minions, repeated divers hard usages she grown extreem enemy her brother pretended receive from them, and briefly that there was not only kind intestine di discovered the ordinary passions her vision family, but thi-s again many secret
fended sex. This again being urged time ways fomented.
-
And the queen and lady Jane Rochfort (wife the late lord Rochfort, and noted
particular instrument the death queen
confession their faults, had their heads cut
tion lightness body her which shall the queen this realm, disclose the same the king, some his council; but they
shall not openly blow abroad, whisper until divulged the king his council. the king, any his successors shall marry
woman which was before incontinent, she
when the king was his declining age, and
with the dis duke's greatness interest sequent times
in an his
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- 453] STATE TRIALS, Henry VIII. 1546. —for High Treason. {45+
Among which, the industry of one Mrs. Hol earl Surrey loved her not, nor the dutchess Sand, thought to be the duke's favourite, ap Richmond him and that she addicted her peared not a little, as desirous (at what price self inuch the said dutchess.
soever) to conserve herself. Besides, divers at Mary dutchess Richmond being examined, the king's council disaffected him, and particu confessed, that the duke her father would have larly the earl of Holland, as knowing that after had her marry Thomas Seymour, brother the king's death (now thought to be imminent) the earl Hertford, which her brother also de none was so capable to oppose him in the place sired, wishing her withal endear herself
he aspired to of protector. All which circum into the king's favour, she might the better stances concurring, and being voiced abroad, rule here others had done; and that she re
encouraged divers of his adversaries to declare
themselves; and the rather, because it was
notorious, how the king had not only withdrawn
much of his wonted favour, but promised int
fused: and that her father would have had the
earl Surrey have matched with the earl Hertford's daughter, which her brother like wise heard (and that this was the cause of
his father's displeasure) taking Hertford his enemy. And that her brother was
punity to such as could discover any thing con cerning him.
The first that manifested himself was sir Ri
much incensed against the said earl, the duke his father said thereupon, his son would lose much had gathered together.
chard Southwel, (Dec. 2. ) who said that he
knew certain things of the earl, that touched
his fidelity to the king. The earl, before the
lord chancellor Wriothesley, the lord St. John,
the earl of Hertford, and others, vehemently God called away the king, they should sunart affirmed himself a true man, desiring to be for And that her brother hated them all tryed by justice, or else offering himself to fight since his being custody Windsor-Castle in his shirt with Southwel. É.
the present only committed them. The duke will, saying his truth should bear him out. this while, hearing his son was in trouble, sends Concerning arms, she said, that she thought
to divers of his friends to know the cause, and that her brother had more than seven rolls;. particularly to the bishop of Winchester. (Dec. and that some, that had added inore An 3, 4. ) Those letters yet probable) fell into jou, and Lancelott Du-lac. And that her the king's council's hands; but could not pre father since the attainder of the duke of Buck
serve him from being involved his son's for tune (Dec. 12. ) that was sent for, and the same day, not long after his son, committed
ingham (who bare the king's arms) where the arms her mother (daughter the said duke) were rayned his coat, had put blank-quarter
Moreover, that the earl her brother should say, these new men loved nobility; and
the lords for but that her father seemed not care for their
the Tower. Divers persons also were exa the place, but that her brother had re-as
mined concerning his affairs. Mrs. Elizabeth Holland being deposed, confessed, that the
duke had told her, that none the king's
council loved him, because they were no
blemen born themselves; also because he
believed too truly the sacrament the altar. which she took the king's cipher. Moreover, that the king loved him not, because Asalso that her father never said that the king he was too much loved his country: but that hated him, but his counsellors; but that her he would follow his father's lesson, which was, brother said, the king was displeased with him that the less others set him, the more (as thought) for the loss the great jour would set himself. As also, that the duke ney. Which displeasure, conceived, was complained that was not the most secret
(or, there termed, the privy) council. And that the king was much grown his body,
and that could not and down the stairs, but was let and down device. And
that his majesty was sickly, and could not long endure; and the realm like be an case through diversity opinions. And that
were young man, and the realm quiet, would ask leave see the vernacle which he said was the picture Christ given women
himself went death. As touching his arms, that she had not heard the duke speak his own, but his son's, that liked them
set forward them who hated him, for setting altar the church Boulogne. And that her brother should say, God long save my father's life; for were dead, they would shortly have my head.
And that revied
knew untruth directly not, and that had gathered them, himself rey, but suspected him
knew not from whence; and that placed the vanity; and that servant
Norfolk's arms wrong, and had found fault Italy with cardinal Poole, and was received with him; and the refore that she should take again his return. Moreover, that kept
pattern his son's arms work them one Pasquil Italian jester, but more with her needle his house, but gave likely spy, and reputed. He mentioned them. Furthermore, she confessed that the also one Peregrine Italian entertained by
sumed them. Also that instead of the duke's
coronet, was put his arms cap mainte nance purple, with powdered furr, and with
crown her judgment, much like close crown and underneath the arms was cipher,
some the present council, not forgetting the old cardinal. Also that he dissuaded her from going too far reading the scripture. Some passionate words her brother she likewise re
peated, also some circumstantial speeches, little for his advantage; yet so, they seeinca much to clear her father.
Sir Edmund Knevet being examined, said,
the earl Sur dissimulation and
his had been
of in
a. ,
heof he to of
he is by up
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435) STATE TRIALS, 3S HENRY VIII. 1546. --Ti Henry, Earl Surrey, [456
the said earl; adding, that loved con venting uncertain bruits, they were willing
verse with strangers, and conform his beha communicate the premisses. But the duke, viour them. And that thought had who had now as much merit of ancient service
therein some great device. plead for him, any subject his time One Thomas Pope also informed the council, could pretend to, thought (Jan. 19. ) from that John Freeman told him, that the duke (at the Tower, write unto the king this
Nottingham, the time the commotion the North) should say, the presence
manner.
“Most gracious and most sovereign lord. your most humble subject prostitute your worst act that ever was made, and that Free feet, most humbly beseech your highness
hundred persons, that the Act Uses was the
man affirmed those words before the lord my good and gracious lord. am sure Audeley, late lord chancellor. These Depo some great enemy mine hath informed your
sitiors together with others (as seems) being majesty some untrue matter against me. brought the king's Judges Norwich, they Sir, God doth know, my life never signified their letter unto the lords the thought one untrue thought against you, council, dated Jan. that the king's solicitor your succession, nor can more judge cast and Mr. Stamford had brought the Indictments, my mind what should laid my charge, and that they were found true, and the duke than the child that was born this night. And and his son indicted thereupon High-Treason; certainly, knew that had
and that they made haste bring the said in majosty any point untruth,
dictinent London desiring further
whether Thomas I'aston, Edmund
sir John Peer, and others, should be
same jury. Upon the 13th (the king being lord, for the old service have done you now dangerously sick) the earl Surrey was my life, good and gracious lord unto arraigned Guild-hall London, before the ne, that either my accusers and together may
lord chancellor, the lord mayor, and other com missioners. Where the earl, he was
deep understanding, sharp wit, and deep cou
rage, defended himself many ways: sometimes denying their accusations false, and together
brought before your royal majesty;
your pleasure shall not take that pains,
then before your council: then shall not make apparent that am wrongfully accused, let me, without more respite, have punishment according my deserts: Alas! most merciful
weaking the credit his adversari's: some
times interpreting the words said, far prince, have
know clare the same your highness. Knevet, help me) cannot accuse myself
much
the thought. Most noble and merciful sovereign
offended your would de But (as God
other sense than that which they were re presented. For the point bearing his arms (among wirich those Edmund the Confessor are related) alledging that had the opinion
refuge but only your hands, the reverence Christ's pas me, and me no cast away false enemies informations. Undoubt
edly, know not that have offended any man, that any man was offended with me, unless were such are angry with me for being quick against such have been accused for
heralds therein. And finally, when wit ness was brought against him vica voce, who
pretc. nded repeat some high words the
earl's way discourse, which concerned sacramentaries. And as for ail causes of reli him nearly, and that thereupon the said wit gion, say now, and have said your majesty ness should return braving answer; the earl and many others, know you prince replyed otherwise the jury, than that such virtue and knowledge, that whatsoever left them judge, whether were proba laws you have times past made, hereafter
ble that this man should speak thus the earl Surrey, and not strike him again.
shall make, shall power stick unto them last. that any man
the extremity my long lite shall
conclusion, pleaded Not Guilty; but the jury
(which was columon inquest, not the peers, these causes, they me wrong. Other cause because the earl was not parliament lord) know not why any man should bear me any condemned him. Whereupon also judgment will. and for this cause know divers have
death was given, and beheaded Tower done, doth appear casting libels abroad hill. And thus ended the earl; man learned, against me. Finally, (most gracious sovereign
and excellent wit, his compositions shew.
lord) most humbly beseech your majesty
and therefore sion have pity
have pity me, and me recover your graci This while the king (though his sickness in ous favour, with taking the the lands and
creased) omitted not give order seize goods have,
the duke's goods, and together inform him your highness
self which tright material against him. please you
Not forgetting also cause Wriothesley ad before-written may know what laid vertise the king's anbassadors foreign parts, my charge, and that may hear some com that the duke Norfolk and his son had con fortable word from your majesty. And spired take upon them the government shall, during my life, pray for your prosperous the king, during his jesty's fife, also after estate, long cutlure. Your most sorrowful his de” get into their hands the lord prince; subject, Tho. No folk. ”
but that their devices were revealed, and they To the lords he wrote thus:
coinuitted the Tower. And that pre “Item, Most humbly beseech, my lords,
angry with me for
much thereof pleaseth take, leaving tue what shall
appoint; and that according
for
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457 STATE TRIALS, 38 HENRY VIII. 1546. -for High Treason. [453
that I might have some of the books that are at ritance the crown of this realm. Which Liunbeth ; for unless I may have books to read know and confess, the laws the realm, ere I fall on sleep, and after I wake again, I be high treason. T. N.
cannot sleep, nor did not this dozen years. For the which my said heinous offences, Also to desire that I might have a ghostly have worthily deserved the laws the father sent to me, and that I might receive my realin, attainted Íñgh treason, and Maker. Also that I might have mass, and to suffer the punishment, losses and forfeitures be bound upon my life to speak no word to that appertain thereunto. And although
him that shall say mass, which he may do in not worthy have enjoy any part the the other chamber, and I to remain within. king's majesty's clemency and mercy ex
Item, To have licence in the day-time to walk tended me, considering the great and mani in the chamber without, and in the might to be sold benefits that and mine have received of
locked am now. At my first coming his highness: Yet most humbly, and with had chamber without a-days. would most sorrowful and repentant heart, beseech gladly have licence send London buy his highness have mercy, pity, and compas one book St. Augustin's, De Civitate Dei; sion me. And shall most devoutly and
and Josephus, De Antiquitatibus; and ano heartily make my daily prayer God for the ther Sabellicus; who doth declare most preservation most noble succession,
any book that have read, how the bishop long Rome from time time hath usurped his T. N. ”
life and breath shall continue me.
power against princes, their unwise suf “Written the twelfth day the month ferance. Item, For sheets. ” January, the year our Lord God 1546, Nevertheless, the duke remained con after the computation the church England,
demned perpetual prison, without that his and the thirty-eighth year our sovereign great services formerly rendered, his submis lord Henry the grace God king
sion on this occasion could restore hin; which
England, France, and Ireland, defender the faith and the church England, and also
Ireland the supream head. witness
the premisses, the said duke have subscribed my name with my own hand, the presence
Also, likewise confess, That have con council; sir Richard Lister, sir Edward Monta
was these words, an original.
find our Records
“I Thomas duke
acknowledge myself most untruly, and contrary
fore the conquest, Which said arms
the realm England be seeching his highness extend the same unto his scutchion arms: me his most sorrowful subject. By me Tho. St. Edward appertain only Norfolk. Thomas Wriothesly, chancellor;
Norfolk, do confess and
my oath and allegiance, have offended the
king's most excellent majesty, the disclosing
and opening his privy and secret counsel,
divers and sundry times, divers and sundry the viscount Lisle, lord high admiral; sir An persons, the great peril highness, and thony Brown, master the horse; sir Wil disappointing his most prudent and regai as liam Paget, secretary; Richard Rich, sir fairs. T. N. John Baker, our said sovereign lord's privy
cealed high treason, keeping secret the false
and traiterous act, most presumptuously com
mitted my son Henry Howard earl Sur
rey, against the king's majesty and his laws,
the putting and using the arms St. Edward most gracious pity and mercy, most humbly be the Confessor, king
the king this realm, and none other William St. John, John Lisle, William Paget, person persons; whereunto the said earl John Baker, Hertford, Anth. Brown, Rich.
no means title, me, T. N.
way could make any claim any mine his ancestors.
Rich, Rich. Lister, Edward Montague. ” Notwithstanding which Submission, join with the merits his services, was thought
Also likewise confess, That the peril, that the duke would hardly escape, had not slander, and disinherison the king's majesty, the king's death, following shortly after, re and his noble son prince Edward, his son and served him more merciful times.
heir apparent, have against and without authority, born
of my arms, ever since the death
the arms England, with difference
labels silver, which are the proper arms my said prince, born for this realm England only, whereby have not only done prejudice the king's majesty, and the said lord the prince, but also given occasion that his
right, unjustly, the first quarter
Ertract from Burn. Roformat. 315.
the lord Wriothesly, lord chancellor; the lord St. John, lord president the council the earl Hertford, lord great chamberlain
gue, the two chiefjustices.
Without compulsion, without force, with
out advice counsel, have and do subscribe the premisses, submitting me only the king's
my father, The duke Norfolk had been long lord the treasurer England: had done great ser
highness might disturbed interrupted
the crown this realin, and my said lord Hertfords being sent over France his prince might destroyed, disturbed, and in room, and upon that had said, that within
terrupted fame, body, and title the inhe little while they should smart for it;" with some
vices the crown many signal occasions, and success had always accounganied him. His son the earl Surrey was also brave and noble person, witty and learned high de gree, but did not command armies with such success. He was much provoked the earl
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459] STATE TRIALS, 38 HENRY VIII. 1546. -Trial of Henry, Earl of Surrey, [400
other expression that savoured of revenge, and The earl Surrey being but commoner, dislike of the king and a hatred of the coun was brought Tryal Guildhall; and put
sellors. The duke of Norfolk had endeavoured
to ally himself to the earl of Hertford, and to nine knights and three esquires, whom
his brother Thomas Seimour, perceiving how was found guilty treason, and had sentence much they were the king's favour, and how death passed upon him, which was executed great interest they were like have under the 19th January Tower-hill. was the succeeding prince; and therefore would generally condemned, act high injus have engaged his son, being then widower, tice and severity, which loaded the Seimours marry that earl's daughter; and pressed his with popular odium that they could never daughter, the dutchess Richmond, widow overcome. He was much pitied, being man the king's natural son, marry Thomas great parts and high courage, with many
Seimour. But though the earl Surrey ad other noble qualities.
vised his sister the marriage projected for But the king, who never hated nor ruined her; yet would not consent that designed any body halves, resolved compleat the for himself, nor did the proposition about his misfortunes that family, the attainder sister take effect. The Seimours could not but the father. And as all his eminent services
see the enmity the earl Surrey bore them, were now forgotten, the submissions he and they might well jealous the greatness made, could not allay displeasure, that was that family; which was not only too big for only satisficq with his life and fortune.
subject itself, but was raised high
the dependence the whole popish party,
both home and abroad, that they were like very dangerous competitors for the chief government affairs, the king were once out
the way; whose disease was now growing fast upon him, that could not live many
He wrote the king, protesting his innocency: “That had never thought his preju dice, and could not imagine what could laid
his charge had spent his whole life
his service, and did not know that ever had offended any person; that any were dis pleased with him except for prosecuting the breakers of the act about the sacrament of the
without diminution, But compleat the duke Norfolk's ruine, his dutchess, who had complained his using her and had been
him punished deserved. con clusion begged the king would have pity on him, and restore him his favour; taking all his lands, goods from him, much of them pleased. ” Yet this had ef fect the king. was desired make more formal submission; which did on the
separated from him about four years, turned
informer against him. His son and daughter
were also terms together. So the sister
informed that she could against her brother.
And one Mrs Holland, for whom the duke was 12th January under his hand, ten privy believed have an unlawful affection, disco councellors being witnesses. con vered all she knew. But all amounted no fessed, 1st, his discovering the secrets the more, than some passionate expressions the king's councel. 2dly, his concealing his son’s son, and some complaints the father, who treason, using give the arms St. Edward thought was not beloved the king and his the Confessor, which did only belong the councellors, and that was used, not king, and which his son had right. 3dly, being trusted with the secret affairs. And that he had ever since his father's death, born
upon inquest commoners consisting
weeks. Nor
the king, that the lady Mary,
unlikely that they persuaded
the earl Surrey should marry might embroil his son's govern
every thing else,
the kings laws, obey any laws he should make. He desired might exa
ment, and perhaps ruine him. And was sug gested, that had some such high project his thoughts, both his continuing unmarried,
altar. But that, and
had been always obedient
mined with his accusers face face, before the and his using the arms Edward the Con. king, least before his council; and
fessor, which late had given his coat did not appear that was wrongfully accused,
persons being encouraged bring informa the first quarter his arms, the arms of
tions against them, Richard Southwell charg England with difference
the earl Surrey some points that were
higher nature: which the earl denied, and desired be admitted, according the mar
tial law, fight his shirt with Southwell. But that not being granted, and his father were committed the Tower. That which
was most insisted was, their giving the arms
Edward the Confessor, which were only
be given the kings England. This the
earl Surrey justified, and said, they gave
the labells of the prince the king and
their arms, according king's heraulds. But thing, for his father and destroyed, upon reasons
some colours were
interrupting the succession the crown of the realm. This acknowledged was high treason; confessed deserved, at tainted High Treason; and humbly begged the kings mercy and compassion. ” He yielded
this, hoping such submission and compliance have overcome the king's dis pleasure. But his expectations failed him.
Parliament was called, the reason whereof was pretended the coronation the state; for which, prince Wales. But was thought the true
found out. cause the calling was, attaint the duke
the opinion the
excuses availed, no were designed
was resolved still
silver, that are the proper arms
which was done prejudice
the prince and gave occasion for disturbing
to
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461] STATE TRIALs, ss Hrsmy VIII. 1540–for High Treason. [462
of Norfolk : for which they had not colour was accused for eating flesh Lent, without enough, to do it in a trial by his peers. There licence; and for walking about the streets fore an attainder by act of parliament was the night, throwing stones against windows, for thought the better way. So it was moved, that which he was sent the Fleet. In another the king intending to crown his son, prince of letter, complained for riotous living.
sible haste folk; that
the year 1546, both and prison And, seems,
On the 27th the lords were ordered
“He understood the council's letters him, what ungracious and ingrateful persons they were found be. He professes, ever loved the father, for thought him true ser vant the king: IHe says, was amazed the
matter, and did not know what say.
had not only this occasion, but many others, put stop treasonable designs against the king, who (next God) was the chief com fort good men. He enlarges much on the subject, the stile true courtier. The messenger brought him the council's letters, written on the 15th December, on Christ mas-eve; which saw the malicious pur
passed.
be their robes, that the royal assent might
given which the lord chancellor, with some others joined commission, did give virtue the king's letters patents.
And had been executed the next morning, the king's death had not prevented Upon
what grounds this attainder was founded, can
only give this account from the 34th act the first parliament queen Mary; which this
God
them give his assent, but did not give
stamp being only set and that not the upper, but the nether part contrary
the king's custom. ” All these particulars
pos Towards the end Nor his father were put
Wales, desired they would go on with
the attainder the duke these places," which
coronation. And upon this slight pretence, conspiracy; which they were represent
since better could not found, the Bill Attainder was read the first time on the 18th
January and the 19th and 20th was read the second and third time. And passed in the house of lords: and was sent down to
the commons, who the 24th sent also
the king's ambassadors this, much aggra such thought fit, who should assist the vated, the discovery some very dangerous
patent, might
held the council wrote disposed the king beyond sea, account
any re . . .
the Graudvil. Thirlby excuses himself that
himself; and that did not appear
cord, that they gave That the king
sign the commission with his own hand, his He thought, would renew him the memory
After black representation, great mat though cleared afterwards, mention now, be ters might expected but have met with
cause they give light this matter. an original Letter the duke Norfolk's, As soon the Act was passed, warrant the lords the council, writ indeed bad
was sent the lieutenant the Tower, cut hand, that the reading was almost hard off his head the next morning; but the king deciphering. gives very different ac dying the night, the licutenant could no count that matter, least with relation the thing that warrant. And seems was father. “He writes, that the lord great cham not thought advisable begin the new king's berlain, and the secretary state, had exa reign with such odious execution. And thus mined him upon divers particulars: the first the duke Norfolk escaped very narrowly. was, Whether had cypher with any man
Ertract from Burn. Reformat. 167.
He said,
had never cypher with any man, had for the king's affairs, when
but such The last transaction importance this he was
his service. And he does not re reign, was the fall the duke Norfolk, and member that ever wrote cypher, except the earl Surrey, his son. find the when was France, with the lord great Council Book, the year 1543, that the earl master that now and the lord Rochford:
those princes, very black characters. put the collection account given Thirlby,
what did upon The letter long; but only copy out that which relates this pretended discovery Dated from Hailbron, on Christmas-day, 1546.
act declared null and void, the common
law the land; for cannot find the act itself
upon record. the act repeal said,
“That there was special matter the act
of attainder, but only general words treasons ose these two ungracious men So, accord and conspiracies; and that out their care ing his orders, went immediately de
the preservation the king and the prince, mand audience the emperor; but the em they passed But the act repeal says also, peror intended repose himself for three
That the only thing with which was charged,
was, for bearing arms which and his an
cestors had born, both within and without the
kingdom; both the king's presence, and
the sight his progenitors; which they might
lawfully bear and give, good and substan
tial matter record did appear. also
added, that the king died after the date the haughtiness the earl Surrey, which commission. That the king only empowered
four days, and had refused audience the
nuncio, and all other ambassadors;
said, would send secretary, whom might communicate his business, Joyce, his secretary, coming
ter pompously
him.
him, set forth the mat the council had represented
particular, spoke the
the secretary promised make report emperor, and likewise write account
king
the ingratitude these persons, which must wound noble heart. ”
durst not write this matter the
but he
of
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463] STATE TRIALS, 3s IIENRY VIII. 1546. -Trial of Henry, Earl of Surrey, [464
was tried like gold. knew wherein
had offended, would freely confess On Tuesday the last Whitson-week, moved
nor does he remember whether he wrote any
letters then, or not ; but these two lords signed
whatsoever he wrote. Ile heard, that a letter
of his was found among bishop Fox's papers, the king, that marriage might made be
which being shewed to the bishop of Duresme, tween daughter (the dutchess stichmond) he advised to throw it into the fire. He was and Thomas Seymour; and that his son
examined upon this : He did remember, the Surrey's children might, cross-marriages, matter of it was, the scting forth the talk of allied my lood great chamberlain's children the northern people, after the time of the com (the earl Hertford). He appealed the
motions ; but that it was against Cromwell, king, whether his intention these motions
and not at against the king:” (so far did they back, find matter laid his charge)
did not appear honest. He next reckons his ene pies. Cardinal Wolsey confessed him Asher, that had studied for fourteen
but whether that was cypher, not,
did not remember. He was next asked, any years, how destroy him, set the
Suffolk, marquis Exeter, duke the and
the lord Sandys, who often told him, that
did not put him out the way, would undo
marquis suffered, him. When the Exeter
Cromwell examined his wife more strictly con had ever heard any man speak that pur cerning him, than other men; which she ose but, for his own part, had twenty sent him word her brother, the lord Mount
ives, would rather spend them all, than that joy. And Cromwell had often said himself, the bishop Rome should have any power that was happy man, that his wife knew this kingdom again. He had read much history, nothing against him, otherwise she would undo and knew well how his usurpation began, and him. The late duke Buckingham, the increased and both English, French, and bar, where his father sate lord high steward, Scots, has upon
person him, king, i. had said that the the
emperor, and the French king came
good eace, whether the bishop Rome would
dispensation
that his and whether
inclined that way. He did not remember
mently against knew any thing
occasions spoken vehe He was also asked,
said, that himself was the person the world, whom had hated most, thinking he
letter from Gardiner and Knevet, the king's ambassadors the empe
had done him offices with the king but he said, then saw the contrary. Rice, that married his sister, often said, wished he could find the means thrust his dagger him. was well known many ladies the court, how much both his two nieces, whom
ror's court, motion made them for reconciliation with that bishop, which was brought the king Dover, being then there.