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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
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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
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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.
answer this, he writes, he had never pleased the king marry, had hated him. been with the king Dover since the duke of He had discovered the king that for
which his mother-in-law was attainted of had never heard any thing nor did any misprision treason. IIe had always served
Richmond died but for any such overture,
and did not doubt, but should appear,
was falsely accused. He desired have more favour than Cromwell had he himself
accusers, that might
Southwell was concerned the evidence against the duke Norfolk gave me memo randum, which promised remember when
reviewed my history. There were two bro thers, sir Richard and sir Robert, who were often confounded, serving for both their
christned names. Sir Richard was privy counsellor Henry the 8th, king Edward, and
being present when Cromwell was examined. He adds, Cromwell was false man but was true, poor gentleman. He did believe, some false man had laid some great thing
his charge. He desired,
matters were and every point,
desired not to live an hour
was master the rolls, the time Henry the 8th, and the beginning Edward the 6th. had confounded these, aud two
him. had been the king faithfully, but had
person ever mention
said council, when
like have died,
that the bishop Winchester had said, him poor man, am, yet am his could devise way set things right be own near kinsman. Alas! alas my lords, tween the king and the bishop Iłome. (writes he) that ever should thought any Upon which, remembers, Ralph untruth me. He prays then lay Sadler was sent sir Francis, ask the truth this before the king, and jointly beseech him,
Francis Bryan was greater favours him, than thing reported him, what could therefore move him
late received times past: be now false
that but sir Francis denied it; and this grant the desires contained So ends
was that ever heard any such overture. with such submissions, seems, these were the questions that were mollify the king. ”
put him which those were his answers. Here must add small
He therefore prayed the lords, intercede with promised the late
the king, that his accusers might brought for whose great worth and virtues had that face face, say what they had against him: esteem, which well deserved. Sir Richard
night not see his least know what the did not answer truly
oueen Mary: brother, Rokert, q the second
longer.
He had always been pursued great
olls. enemies about the king that his fidelity r
places called Richard master the
hoped might
correction,
Robert Southwell,
because
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465] STATE TRIALS, 33 HENRy VIII. 1546. -for High Treason. [166
I have now set forth all that I find concern towards him, that his highnes hathe the em ing the duke of Norfolk; by which it appears, peror, (ut annicorum omnia sint communia, gau that he was designed to be destroyed only upon de, cum gaudentibus, fiere cum slentibus, suspicion ; and his enemies were put on run hath commanded me open this matter the ning far back to old stories to find soule colours emperor that naturally all men, and much to justify so black a prosecution. This was more princes, ought abhorre traytors, and the last act of the king's reign, which, happily
for the old duke, was not finished, when the
king's death prevented the execution.
had founde forthe this matter, the malice coulde brought execution. Secretary Joyse said that would advertise the emperor herof accordingly, and after little talke the haughtiness the earle Surrey, and few salutations, bad me fare wril. When ask him for monsieur Grandevela, whom
Bishop Thirleby's Letter concerning the Duke of Norfolk and his Son. An original.
“I would write unto you my harte coulde) against those two ungracious, ingrate, and in
humane non homines, the duke Norfolk and his sonne. The elder whom, confess that did love, for that ever supposed hyun true
said, that wolde tell this tale, for that servant his master; like both his allegi doubted not but that he, and all honest men
ance, and the manifold benefits the king's wolde abhorre such traytors; said that
majestie bounde him have been but nowe was not yet come, but wolde this day adver when sholde begyn wright you herin, tise him herof his letters; for wright
before God am amased the matter, that
know not what say therefore shall leave them recey've for their deeds, they have worthily deservyd; and thank God his grace that hath openyd this tyme, that the king's majestie may see that reformed. And
this point, wher Almighty God hath not nowe alone, but often and soudry tymes herto
(quoth he daily him. Albert that this be the hole, and the effecte of that have done
the execution the king's jesties command
ment, declared my said lord's letters, vet
will my dutie answer a-part their said let
ters the king's majestie. Herin dare not wright. For, enter the matter, and not
clared the same letters, suyd immediately
for audience the emperor, who entred this town within halfe an houer after Somerset was
come. The emperor praied one pacience, and declare the secretarie Joyse, That woldo
snie him. For said had determyned repose him selfe for days; and had the fore for that tyme refused audience the nuntio, the ambassador France, and the ambas sador Venice, which had sued for attdience.
W. Esr M'.
Herewith shall allso recey've the copie
my letters the 19th this mongth, sent Skipperus, &c. ”
On Christmas-day the clocke, Joyse came
the morning, nine my lodginge, whom coulde the great benefits
here with me my lord great chamberlayne,
and Mr. Secretary, they examynd me divers
thyngs, which near can call my re
membrance were the ellects as here after doth
ensew. —First, Whether ther was any cipher theis ungracious men had recey'ved the king's betweme me and any other man For answer
declared well
májestics hands, and how unkindly and trayto whernnto, this the truth, there was never ci rously they went abought searve him, with pher between me and any man, save only such the rest myn instructions led me. The have had for the king's majestie, when king's majestie, my master (taking the same was his service. And God my judge, affection the emperor, good brother, not remeuber that ever wrote cipher,
WOL.
specially suche had recey'ved great beny
fites theis men had his majestie might rejoyse that the king's highnes liis good brother
fore, not only letted the malice such
hathe inageny any treason against the king's
majestie, the chiefe comforte, wealth, and pros tude, (wherwith noble and princely harts perite good Englishmen next unto God; above others sore wounded) thinke but hath wonderfully manifest, that suche
tyme that his majesties high wisdom myght
that malice take his effecte, good Eng
lisle cannot therfore thanke God enough. same. This ungracious matter that hath hap And for our parts, pray God, that we may
thorough grace, contynue servants,
that herafter we be not founde unworthy re
ceiyve suche benefyte his hands. On
Christmas-even, about the clocke after
noon here aryved Somerset with the letters
the king's majesties most honourable counsell,
dated the 15th December Westminster,
whereby perceyved the malicious purpose
the two said ungrácious men and for the execu
tion the king's majesties commandment de 1546. Your assured loving friend, Thomas
test that the cause requireth, think not convenient. And again the other side,
renew the memorie these mens ingrati
not wisdone. Therfore beseech you bartely, amongst other my good lords, there make
my most humble excuse his majestie for the
pened otherwise then ever could have thought, hath caused you have longer letter then ever have bene accustomed wright. Ye shall herwith receyve scedule courte newis, whiche havyug lernyd while wrote this: se– cretary Joyse hathe prayed me sende the letter herwith enclosed the emperor's am bassador England, which pray you cause delivered, and hartely fare you well. From Halebourne the Christmas-day night,
Letter the Dule been eramined
“My very good lords,
Norfolk's, after had the Tower.
being
whereas the
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467] STATE TRIALS, HENRY VIII. -Proceedings against Various Persons [468
but at such time as I was in France; my lord upright with the said bishope Rome, and his great master that now and my lord Roch highnes honour saved. Suche were the words, ford being commission with me. And whe much like. Wherupon, had often said ther wrote any then, not, God help me, the councill, one was sent the said sir
not remember; but and wrote any thing, Francis, know, ever he heard the said bi
am sure both their hands were and the
master the horse privy the same.
shope speake like words; which denied and do remember, was sir Rauf Sadeler, that was sent to the said sir Francis. And
say that ever heard any such over ture made Grandville, that ever com moned with any man conserning any such
reinember that after the death the bishop
Hereford, Fox,
was shewed me that the said bishop had left letter, which had sent him,
amongst his writings, which being found
servant his, that now with master Deny, mater, other then this the bishope Win who shewd the same the bishop Durham chester, God my help, never dyd; nor tilat now caused him throw the same unto more thenne this, was never prevye. —
fier. As remember, was my said lord Now, my good lords, having made answer ac
cording the truth such questions hath
been asked me, most humblie beseeche you all be mediators for me his most excellent
tion against the said Cromwell. there had
been any thyng concering the king's majesty's
affairs, neyther the bishope, nor he, were
now alyve, would not have concealed the same;
and whether any part that was cypher,
not, shall answer God, do not remem And his pleasure shall not be, take the ber. —The effect another question, there asked paine his royall person, then give you
me, was, near can call my remcm commandment the same. My lords, brance, whether anie man had talked with me, trust think Cromwell's service and mine
bishop Dureham that advised him burn and also do remember, the matter that was conteyned therin, concerned lewde speaking
the Northern men after the time of the como
cause such have accused me (if
that and ther were good peace made betwene the king's majestie the emperor and the French
bath not like; and yet my desire have no more favour shew'de me, than was shew'de him, being present. He was
king, the bishope Rome would brek the same
againe his dispensation: And whether en fals man and sewerly am trewe poore
elined that waies, not, that purpose? As
God help me now, my most mede, cannot call my remembrance, that ever heard any man
jantleman. -My lords, think surelie there some fals man, that have laid some great cause my charge, else: had not sent
majestie,
night with his high pleasure) come
before his majestie, lay my charge afore
me, face me and selfe, that
face, what they can say against ain dout, declare my shall appere am falsly accused.
living speak like words. And for mine incli hither. And therefore, estsonyts most humblie nations, that the bishope Rome should ever beseeche finde the names, they and have auctinority such thing; had twentie may not brought face face, yet me
lives, would rather have spent them against made privy what the causes are; and
him, then ever should have any power this realme. For no man knoweth that better
then reding stories, how his usurped
power hath increased from time time. Nor know, that doth concern my self, nor any other
such time the king's majestie hath found him his enemy, living man hath, both his harte and with his tounge, this realme, France,
creature. —My lords, there was never gold
tried better fier and watter then have
been, nor hath had greater enemys about my and also many Scotish jantlemen, spoken soveraign lord, then have had and yet (God
more sore against his said usurped powre, then have done, can prove good witnes. — Also my said lord and Mr. Secretary asked me,
thanked) my trouth hath ever tried me, dout not shall theis causes. Suerly, knew any thought had offended his ma
every point, let me not For sewerlie would hide nothing any questions that shall
not answer truely
live one howre after.
jestie would suerly have declared Wynchester and Henry his person. —Upon the Tuysdaye Whitson
whether was ever made privy letter, sent
from my lord
Knevet, any
them, for way
tie and the bishope Rome; and that the said letters should have come his majestie Dover, being there with him. Wherunto this
his majestie, helpe, that
mariage might had between my daughter and Thomas Semour; and wheras my son
overture made Grandville week last past, broke unto taken between his majes moste humbley beseeching him
Surey hath son and divers daughters: my true answer. was never Dover with that, with his favour, crosse mariage might
his highnes since my lord Richmond died, have been made between my lord great cham but that time, whose death word came berline and them and also wher my son
Syttyngborne; and God my helpe, never heard no such overture, save that do well remember, such time Francis Biryan was sore sike, and like have died, was spo ken the councill, that my lord Winches
ter should have said, could devise way, how the king's majestie might have things
Thomas hath son, that shall (be his mother) spend thousand marks yere, that might
like wise maried one daughters. report me
my said lord's your lordships, this motion,
whether myn intent was honest
not. And whereas have written, that my
truth hath been severely tried, and that have
he
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469] STATE TRIALS, HENRY VIII. —for denying King's Supremacy. [470
had great enemies. First, The cardinall did of me. Who tried out the falshod of the lord
contes me Asser, that had gone about Darcy, Robert Constable, sir John Bulmer, fourteen years have destroyed me; saying, Aske, and many others, for which they suffered
did the same the setting upon my lord Suffolk, the marquis Exeter, and and my
lord Sands; who said often him, that found not the means put me out. of the way,
for but only the words was attainted
Who shewed his majestie my mother-in-law, for which she
misprision but only
times past unto this time, have sheaved my length should seuerly undo him. —Crom self most trewe man my soveraign lord.
well, such tyme the marquis Exeter sus And since these things done tyines past, fred, examined his wife more streitly me, then have received more proflight his highnes, all other inen the realme, she sent me then ever did afore. Alas! who can think
word her brother, the lord Montjoy. He that having been long trew man, should hath said me himself many times, my lord, now false his majestie have received are happy man, that your wise knoweth more profight then have, deserved and
hurt you; for she did, she would undo poore man, am, yet am his own near you. -The duke Buckinghain confessed kinsman. For whose sake should be an un
openly the bar, (my father sitting his trewe man them Alas, alas, my lords, that
judge) that men living hated me most, thinking was the man that had hurt him most the king's majestie: which now, quoth lie, perceive the contrary. —Rice, who had maried my sister, confessed, that, all men
living, hated me most; and wished many times, how might find the meanes thrust his dagger me. —What malice both my neecys, that pleased the king's highnes marie, did bere unto me; not unknown such ladies kept them this sute;
ever should thought any ontruthe me. —Fynally my good lords estsouys most humble beseech you shew this scrible let ter his majestie, and joyntle beseech
his highnes
conteyned
remyl out
displeasure
and shall dewryng my lyss pray for the con tinuence his most royall estate long en dure: By his highnes poor prisoner, Non
39. Proceedings against Various Persons the Reign Hen. VIII. for Treason, denying the King's Supremacy; and other
my
lady Herberd, my lady Tirwit, my lady Kyn Folk. ”
ston, and others, which heard what they said
grante me the peticions that are
the same, and most especyall
his most noble gentle hart such
hath conceyved against me
capital Crimes, principally relating Religion. Reformat. 351. ]
Burn.
[“Bishop Burnet closes the first volume his History the Reformation with summary account various Trials and Attainders,
the reign Hen. order
one view the severities practised
prince against the popish party;
flatter ourselves, that our insertion
part the Bishop's work will not
foreign the present undertaking.
observable, that, though the Bishop's own
acknowledgment, the king's severity the
Popish party furnishes great ground just
censure; and though states many in were generally addicted the old superstition,
deemed
stances violating the first principles, justice and humanity; yet denies, that
there anything justify the clamours the Roman Catholics against his memory, insisting too, that his cruelties were far short
both number and degree those queen Mary's reign. But really this writing too tenderly Henry; for there not only grievous, but almost equal cause detest the memories both him and Mary, the
little strengthened the faint excuses, and
barbarities exercised
i. eing too numerous distinction between
the reign each
leave room for much them. When two
league against England; being thing greater necessity and merit than war against the Turk. This being, without the least aggra
princes both with characters dark complection are delineated, calls for
blind and headstrong, and enemies that were both powerful, spite
exhibit
his
reign,
there were
very nice touches discriminate them the colouring. ” IIargrave. ]
IN the latter part
that many things that seem great severities, espe
therefore cially they are represented the writers this the Itoman party; whose relations are not
the mistaken accounts, that most the protes tant historians have made. The king was na turally impetuous, and could not bear provoca tion; the times were very ticklish; his subjects
especially the northern parts; the nonks
and friers were both numerous and wealthy; the Pope was his implacable enemy the ein
peror was formidable prince, and being then master the Netherlands, had many ad vantages for the war designed against Eng
land. Cardinal Pole, bis kinsman, was going over the courts Christendom, perswade
vation, the state confessed stition that was
affairs that time, must was sore put super
so *
T. to : I. in to to I
to be
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471] STATE TRIALS, HENRY VIII. —Proceedings against Various Persons [472.
ful, and so industrious, made rigour necessary : The first instance these capital proceed nor is any general of an army more concerned ings was Easter-Term, the beginning
to deal severely with spies and intelligencers, the 27th year his reign. Three priors, and than he was to proceed against the popes monk, the Carthusian order, were then en adherents, such kept correspondence dited Treason, for saying, ‘That the king with Pole. He had observed history, that was not Supreme Head under Christ the upon much less provocation than himself had Church England. ’ These were John Hough given, not only several emperors and for reign too, prior the Charter-House uear London, princes had been dispossessed their domi Augustin Webster, prior Axholme, Robert
and king John, had been driven great ex nolds, monk Sion. This last was esteemed trealities, to forced unusual and most in learned iman, for that time, and that order.
ons; but two his own ancestors, Henry the Laurence, prior Bevall, and Richard Rey
decot -on' lons the means the popes and their clergy. The Pope's power over the clergy was absolute, and their dependence
they governed, that nothing but stronger pas make splendid recital the courage and
and obedience him was impacte: and
They were tried Westminster-hall com tnission Oyo. and ermine they pleaded Not Guilty, but the jury found then Guily, and Judgins was given that they should suder
the popish clergy had great interest Traitors. The second entions other par the superstitious multitu. e. , whose conscience ticulars; but the writers the popish side
sion could either tame the clergy, quiet the eople. there had been the least hope
some particular instances. —Thore one ca dummy that runs thread through the Historians the Popish side, which not few
constancy they expressed both their Tryal, and their death. was difficult thing for men used the leg, nd, and the making
impunity, the last part his reign would have
been one continued rebellion; the refore
prevent more profuse effusion blood,
seemed necessary execute laws severely pomp. But their pleading Not Guilty the
our own have ignorantly taken that falso, that there good reason suspect all. many were put death for not swearing the He said have suffered on the same ac
fine stories for sailots and martyrs their orders, dress up their narratives with much
Endictment, shews no extraordinary resolution,
of one Hall, secular priest that died with them,
the account that given
i.
king's supremacy. impudent falshood;
for not much one person suffered that
account; nor was there any law for any such
oath before the parliament the 28th year
the king's reign, when the unsufferable Bull
Pope Paul the 3rd, cngaged him look little rant, heretic, robber, and adulterer; more his own safety. Then indeed the that they hoped should die such death Oath for maintaining the Succession the king John and Richard the 3rd died; that they crown, the subjects were required, under the looked when those Ireland and Wales should pains Treason, swear that the king was invade Eugland; and they were assured that Supream Head the Church England; but three parts four England would against that was not mentioned the former Oath, the king they also said that they should never that was made the 25th, and enacted the live merrily the king and the rulers were 26th year his reign. cannot but con plucked the pates, and brought the pot, fossed, that enact under paine death that
none should deny the king's titles, and pro jected Henry cruelty, that many were
ceed upon that against offenders, very dis ferent thing from forcing them swear the king the supream head the church. (a)
(a) “This sounds more like apology, than just reasoning. Enforcing the Oath Supre
his Supremacy,
whether im expressly
for refusing swear verbal an
macy the penalty reason, was resorting
the highest punishment known our law. swer the animadversion Henry's enemics
Wherein, too, consisted the material difference,
would scarce have escaped the learned bishop, had not been insensibly influenced
fear, lest the justice and propriety the Refor
there were
and macy,
any reason suppose, that those who better foundation than the humanity concerned the deaths bishop Fisher Henry's actions; nor there any necessary Thomas More for denying the Supre connection between the one and the other, bad had been requisite, would have been and cruel princes being frequently the casual
rigor, between treason for not the king's supremacy, and treason Was not cqually the otject the statues creating both crimes, compel
point caring
for denying
nation should Henry's measures the cause truth
prejudiced the cruelty
commencement. But never finally helped
count; but the Record his Attainder gives very different relation
and Robert Feron were indicted at same time for having ‘said many spiteful and treasonable things; as, that the king was ty
put death for not swearing without doubt every denial pliedly refusing the oath,
words, was meant Therefore
the spirit the remark say, that they were thus punished for denying the Supremacy, not
acknowledgment the king's supremacy
the same extremity punishment Can ill-founded argument. The Reformation rests
scrupulous hesitate about construing instruments great good society. ” Har the refusal of the oath denial When ob grave. -
foreign
so byanof sixin to of
2d1,
of
till of to as beasais 1ofof
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473] STATE TRIALS, HENRY VIII. -for denying the King's Supremacy. [474
and that it would never be well with the sent examine him about it; but pro Church till that was done. ' Hall had not only tested had used endeavours procure said this, but had also written it to Feron the and valued little, that the hat were lying 10th of March that year. When they were his feet, would not take up. never brought to the bar, they at first pleaded Not came nearer him than Picardy yet this did Guilty; but full proof being brought, they them precipitate his ruin. But had kept his
selves confessed the Enditement, before the
jury went aside, and put themselves on the
king's mercy; upon which, this being an ima
gining and contriving both war against the king,
and the king's death, Judgment was given as in
cases of Treason : but no mention being made
of Feron's death, it seems he had his pardon.
Hall suffered with the four Carthusians, who him commission Oyer and Terminer,
were hanged in their habits.
They proceeded no further in Easter-Term :
He pleaded Not Guilty, but being found guilty, Judgment was passed him die trai tor; but was warrant from the king,
but in Trinity-Term there was another coin
mission of Oyer and Terminer, by which Hum beheaded. Upon the 22d June, being the
phrey Middlemore, William Exmew, and Se
bastian Nudigate, three monks of the Charter
house near London, were endited of Treason,
for having said on the 25th of May, ‘That they
neither could nor would consent to be obedient
to the king's highness, as true, lawful, and obe
dient subjects; to take him to be Supream
Head on earth of the Church of England. ”
They pleaded Not Guilty, but were found
guilty the jury; and Judgment was given.
When they were condemned, they desired that
they might receive the body Christ before
their death. But (as judge Spelman writ) the
Court would not grant since that was never
done such cases but order from the king.
Two days after that, they were executed. Two
other monks that same order, John Roches
ter and James Wolver, suffered on the same the scaffold pronounced the Deum, and account York May this year. Ten other after some other devotions his head was cut off.
Carthusian monks were shut within their Thus died John Fisher, bishop Itochester,
cells, where nine of them died. The tenth was hanged the beginning August. Concern
ing those persons find this said some Ori ginal Letters, that they had brought over into
the 80th year his age. He was learned and devout man, but much addicted the superstitions which had been bred up; and that led him great severities against
England, and vented some books that
were written beyond sea, against the king's
Marriage, and his other proceedings: which
being found their house, they were pressed that persuaded her those noble designs
peruse the books that were written for the king, but obstinately refused They had also been involved the business of the Maid Kent, for which, though the com
plices except those who suffered for were pardoned act parliament, yet such
for the advancement learning, founding two Colleges Cambridge, St. Johns and
Christs College, and divinity professors both Universities. And acknowledgment this,
was chosen chancellor the University Cambridge. Henry the 7th gave him the bishop
been prisoner above year, and was very se
verely used complained his letters
Cromwell, that had neither cloaths nor fire, long into great errors: appears the busi being then about fourscore. This was under ness the Maid Kent. Many thought the stood Rome, and upon pope Clement, king ought have proceeded against him rather an officious kindness him, rather spite upon that, which was point state, than
king Henry, declared him cardinal, and upon the Supremacy, which was matter con sent him red-hat. When the king knew this, science. But the king was resolved let all
opinion the king's Supremacy himself,
they could not have proceeded further. He would not that, but did upon several occa sions speak against was brought his
Tryal the 17th June (see 395. ) The lord chancellor, the duke Suffolk, and some
other lords, together with the Judges, sate upon
day his execution, dressed himself with more than ordinary care; and when his man took notice told him, was that day bridegroom. As was led the place
execution, being stopt the way the
croud, opened his New Testament, and
prayed this purpose; “that that book had
been his companion and chief comfort his imprisonment, then some place might turn
him, that might comfort him his last passage. ’ This being said, opened the book venture, which these words of St. John's
Gospel turned ‘this life eternal, know
thee the only true God, and Jesus Christ whom thou hast sent. ' So he shut the book with
much satisfaction, and the way was repeat ing and meditating them. When came too
that opposed them. He had been for many years confessor the king's grand-mother, the
countess Richmond and was believed
had been concerned were still under rick Rochester, which he, following the rule
jealousy and wonder that upon new provocations they met with the uttermost rigor of the law.
These Tryals made way for two others that were more signal the bishop Rochester, and sir Thomas More. The first of these had
the primitive church, would never change for better. He used say his church was his wife, and would never part with her, be cause she was poor. He continued great favour with the king, till the business the
Divorce was set on foot; and then adhered firmly the queen's cause, and the Pope's Supremacy, that was carried that head
to
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475] STATE TRIALS, HENRY VIII. —Proceedings against Various Persons [176
which had shewed both conditions life, and then set himself wholly prepare for death. He expressed great contempt the world, and that was weary life, and longed for death;
which was little terrible him, that his ordinary facetiousness remained with him even the scaffold. was censured many,
light and undecent. But others said, that way having been natural him on all other occasions, was not all affected; but shewed
the scaffold was thought have more the Stoick than the Christian it. After some
time spent secret devotions, was behead the 6th July.
Thus did Thomas More end his days, the 53d year his age. He was man rare vertues, and excellent parts. his youth had freer thoughts things, appears his
Utopia, and his letters Erasmus; but after
wards became superstitiously devoted the and said, the act parliament like sword interests and passions the Popish clergy
with two edges, for man answer one way, and he served them when he was autho
his subjects see, there was no mercy to be ex pected by any that denied his being Supream Head of the Church; and therefore made him and More, two examples for terrifying the rest.
This being much censured beyond sea, Gar diner, that was never wanting in the most ser
vile compliances, wrote a Vindication of the king's proceedings. The lord Herbert had it m his hands, and tells us it was written in ele gant Latin, but that he thought it too long, and
judged
serted in his History.
vehement,
- to be in
way discompose him,
others
it was too
and put him out his ordi
On the 1st of July, Thomas More was brought his Tryal. (see 385. ) The special matter his endictment, that on the 7th May preceding, before Cromwell, Bedyll, and some others that were pressing him concerning the king's supremacy, said would not meddle with ally such matter, and was fully solved serve God, and think upon his Passion,
that death did
could not much
nary humour. Yet his rallying every thing
and his own passage out
this world. He had
also sent divers messages Fisher encourage
one George Gold him his obstinacy;
will confound his soul; and answer ano ther way, will confound his body. ' He had said the same thing the 3rd June, the hearing the lord chancellor, the duke Norfolk, and others: and that would not be the occasion the shortning his own life. And when Rich the king's solicitor came deal with him further about but protested that came not with any authority examine
Thim, they discoursed the matter fully. Rich
pressed him, ‘that since the parliament had
enacted that the king was Supreme Head, the
subjects ought agree and said Rich,
what the parliament should declare me king, points controversie, quotes only what would you not acknowledge me? would, said found these collections; nor was he all
More, quia (as the indictment) rer per parliamentum fieri potest, per parliamentum
deprivari. But More turned the argument Rich, and said, what the parliament made an act that God was not God Rich acknow ledged could not bind, but replyed More, that since would acknowledge him king,
conversant the critical learning upon the scriptures; but his peculiar excellency writ
parliament, why would not acknowledge the king Supream
IHead, since was enacted parliamcnt? To that More answered, That the parliament had power make king, and the people were bound acknowledge him, whom they made; but for the supremacy, though the par liament had enacted yet those foreign parts had never assented it. ’ This was car ried Rich the king, and these parti culars were laid together, and judged amount
denyal the Supremacy. Judge Spelman
writ, that More, being his tryal, pleaded
strongly against the statute that made trea son deny the Supremacy, and argued that
the king could not supream head the church. When was brought the bar, pleaded not guilty, but being found guilty,
were made act
pardoned such errors, but they are inexcu judgment was given against him traitor. sable Englishman. For More's printed
He received with that equal temper mind, Works there letter written him out
rity, even assist them their cruelties; employed his pen the same cause, both writing against the new opinions gene ral, and particular against Tindal, Frith,
and Barnes, also unknown writer, who seemed neither party, but reprooved the corruptions the clergy, and condemned their cruel proceedings. More was divine all, and plain any that reads his writings, that knew nothing antiquity, beyond the quotations found the canon-law and
the master the sentences (only had read some St. Austin's treatises): for upon
had natural easie expres the opinions popery
ing, was, that
sion, and presented
with their fair side
concealing the black side them with great art; and was less dextrous exposing
the consequences that could follow on the doctrine the reformers: and had upon
occasions great store pleasant tales, which applied wittily his purpose. And this consists the great strength his writings, which
were designed rather for the rabble, than for
learned men. But for justice, contempt money, humility, and true generosity mind, was example the age which he lived.
But there one thing unjustly added the praise these two great men, rather feign ed, design lessen the king's honour; that
Fisher and penned the book which the king wrote against Luther. This Sanders first pub lished, and Bellariuin and others since have taken upon his authority. Strangers may
the reader, disguising
it
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t
+77 STATE TRIALS, IIFsay VIII. -for denying
the Towcr to Cromwell, in which he gives an account of his behaviour concerning the king's Divorce and Supremacy. Among other par
ticulars one “That when the king shewed London. The lords
right, Mare desired him leave out; since and terminer being issued out for the tryal there had been many contests between the rest, sir Robert Constable, sir John Bul
popes and other princes, there might fall iner and his lady, Francis Pigot, Stephen some between the pope and the king; there Hamilton, and Thomas Piercy, and Ask,
fore thought was not for the king that had been their captain, with the abbots publish any thing, which might afterwards Whalley, Jerveux, Bridlington, Lenton, Wo made use against himself; and advised him burn, and Kingstead, and Mackrall the monk
and Hussie were his book against Luther, which had tryed their peers, the marquess Exceter asserted the pope's primacy divine sitting steward. And commission oyer
either leave out that point, touch very tenderly but the king would not follow his counsel,” being perhaps fond what
had writ, that would rather run himself upon great inconvenience, than leave out any
thing that fancied well written. This shews that More knew that book was written
the king's own pen; and either Sanders never read this, maliciously concealed lest should discover his foul dealing. (b)
that first raised the Lincolnshire rebellion, with sixteen more, were indicted High Treason, for the late rebellions. And after the steps
the rebellion were reckoned up, added the Indictment, that they had met together
the 17th January, and consulted how renew and prosecute further, being encou
raged the new risings that were then the
north;
there were further provocations given and
which they had forfeited the fa which they could have pretended,
the indemnity that was granted December, and the pardons
vour These executions terrified people, that vertue
King's Supremacy. [478
against many
were also tryals
more that were taken prisoners, and sent
them martial law. There common law great many
}.
persons either took the oaths, did dex
the end
which they had taken out. They were found Guilty, and had judgment cases
trously conceal their opinions, that till the re
bellions Lincolnshire, and the north, broke Treason. Divers of them were carried down
out, none suffered after this upon publick ac
count. But when these were quieted, then the king resolved make the chief authors and leaders those commotions publick examples
the rest. The duke Norfolk proceeded
(b) The following extracted from Denne's Addenda Hist. Lambeth, cited, “Select Views of London and its environs. ”
“1533, May 28. Archbishop Cranmer con
firmed Lambeth the Marriage king Henry
the 8th with the lady Anne Boleyn. And three years afterwards the same prelate being judici
into Lincolnshire and Yorkshire, and executed the places where their treasons were com initted; but most them suffered London, aud among others the lady Bulmer (whom others
call John Bulmer's harlot) was burnt for Smithfield.
The only censure, that passed this, was, that advantages were taken too slight grounds
break the king's Indemnity and Pardon since does not appear, that after their pardon they did any thing more than meet and con sult.