No More Learning

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 *
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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
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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
of totoithe
to
is
beto is
in ofhe of as
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so
as
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to it of so is to
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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. But the kingdom was shaken with that rebellion, that, had not been for the great conduct the duke Norfolk, the king had appearance lost his crown. And
ally seated certain low chapel within his
house Lambeth, definitive sentence an
nulled the Marriage between the same parties; will not seem strange, that king (especially
the queen, order avoid the sentence burning, having confessed the archbishop,
tempered this was) had mind strike
terror into the rest subjects, some signal examples, and put out the way the chief leaders that design: nor was be wondered at, that the abbots and other clergy men, who had been active that commo
tion, were severely handled. was
means, that the discontents were chiefly mented. They had taken the oaths that were enjoyned them, and yet continued
still practising against the state; which,
some just and lawful impediments her mar riage with the king. —A little before the latter
event, viz. April 13, 1534, the commissioners sat Lambeth administer the oath of the
settlement Succession the crown, upon the heirs the same queen Anne, the clergy, and chiefly those London, that had
their
not yet sworn, who took not one except
ed. And certain doctor, Vicar Croydon,
that seems made some boggle before, went was highly contrary the peaceable doctrines up with the rest, whom Thomas More, the Christian religion, was special who then stood by, made observation how manner contrary the rules, which they pro
passed went my doctor's Buttery fessed. That obliged them forsake the
hatch, and called for drink, and drank valde fa world, and follow miliariter, “whether,’ says he, sarcastically, ‘it course of life.
tender this oath them, who both being interests; for insinuated himself into the separately called, refused. ” king, that recovered good opinion. Be
were for gladness dryness, quod ille motus
erat pontifici. ” The same day were conveyed
hither from the Tower, bishop Fisher and
Thomas More, the only layman this meeting, Catharine, but seems departed from her
justice was year after Observant frier. He had been, Sanders said, confessor queen
The next example this, one Forrest,
religious and spiritual
be he
as
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heit at
toallbya asby
so
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at
in
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it
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at
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of
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it,
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-
479] STATE TRIALS, HENRY VIII. -Proceedings against Various Persons [480
ing an ignorant and lewd man, he was accounted his proceedings, and readiness rise upon by the better sort of that house, to which he any good opportunity that might offer itself. belonged in Greenwich, a reproach to their The special matter brought against the lord
order (concerning this, I have seen a large ac Montacute, and the marquis Exeter, who
count in an original letter written by a brother
of the same house). Having regained the king's
good opinion, he put those, who had favoured
the divorce, under great fears, for proceeded
cruelly against them. And one Rainscroft,
being suspected have given secret intelli the king's mortal enemy, the lord Montacute gence what was done among then, was shut did, the 24th July, the 28th year up, and hardly used, that dyed their the king's reign, few months before the rebel hands, which was, that letter relates, done lion broke out, say, that liked well the pro
frier Forrest's means. This frier was found ceedings his brother the cardinal, but did
have denyed the king's supremacy: for
though himself had sworn yet had in fused into many confession, that the king
not like the proceedings the realin; and said, trust see change this world trust
have fair day upon those knaves that rule was not the supream head the Church. about the king; and trust see merry
Being questioned for these practices, which world one day. ’ Words the same purpose were contrary the oath that had taken, were also charged the marquess. The he answered, “That took that oath with his lord Montacute further said, “I would were outward man, but his inward man had never over the sea with my brother, for this world consented it. ” Being brought his tryal, will one day come stripes must needs and accused several heretical opinions that come pass, and fear we shall lack nothing he held, submitted himself the Church. much honest men. ” He also said, He Upon this, had more freedom allowed him had dreamed that the king was dead, and
were tried their peers the December, the 30th year
and
this reign,
-
“That whereas cardinal Pole, and others, had cast off their allegiance the king, and gone and submitted themselves the pope,
the prison: but some coming him diverted him from the submission had offered that when the paper abjuration was brought him, refused set his hand it: upon which was judged obstinate heretick.
though was not yet dead, would die sud denly one day his leg will kill him, and then we shall have jolly stirring;” saying also, “That
had never loved him from his childhood, and that cardinal Wolsey would have been an these proceedings are lost; honest man, had had honest master. ”
The Records
but the books
the Gospel.
tence, that without the determination the might shortly die, that lord said, “If
Church had authority; upon which seve will serve so, we shall happily rid; time ral writers of the Roman communion have said will come, fear we shall not tarry the time,
ing. ”
that time say, that denied And the king having said the lords would like was upon that pre leave them one day, having some apprehensions
undecent and scandalous things the Holy Scriptures. He was brought Smithfield,
where were present the lords the council, offer him his pardon would abjure. Lati mer made sermon against his errors, and
we shall well enough. ” He had also said, “He was sorry the lord Abergavenny was dead, for could have made ten thousand men; and for his part would and live the west, where the marquis Exeter was strong:” and had also said upon the breaking the northern rebellion, That the lord Darcy
persuade him recant; but con
studied tinued death
hanged
great image that was brought out Wales, was
broken pieces, and served for fewel burn
him. He showed great unquietness mind, clear discoveries their treasonable designs; and ended his life ungodly manner, and that they knew the rebellion that broke Hall says, who adds this character him, out, and only intended have kept off
“That had little knowledge God and his fitter opportunity: they were also accused sincere truth, and less trust him his- end correspondence with cardinal Pole, that was
the king's declared enciny. Upon these points winter that year correspondence was the lords pleaded not guilty, but were found discovered with cardinal Pole, who was bare guilty their peers, and judgment was
faced his treasonable designs against the given.
king. His brother, Geofrey Pole, disco On the 4th of December were indicted sir
vered the whole plot. For which the marquess Geofrey Pole, for holding correspondence with Exeter, (that was the king's cousin-gerinan his brother the cardinal, and saying that
his mother, who was Edward the 4th's daugh approved his proceedings, but not the
his former opinions, was put
most severe manner. He was played the fool, for went pluck away the
chain about his middle, and the
council, but should have begun with the head first, but beshrew him for leaving ‘off soon. ” These were the words charged those lords,
ter), the lord Montacute, the cardinal's brother kings; sir Edward Nevill, brother the lord Geofrey Pole, and Edward Nevill, were Abergavenny, for saying, the king was beast, sent the Tower the beginning Novem and worse than beast; George Crofts, chan
ber. They were accused for having maintained cellor the cathedral Chichester, for say correspondence with the cardinal, and for ex ing, ‘the king was not, but the pope was, pressing hatred the king, with dislike Supream Head the Church;’ and John Col
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481) STATE TRIALS, IIENry VIII. -for denying the King's Supremacy. [482
was carried before the rebels was on the other side. This was brought evidence that she approved the rebellion. Three Irish priests were also attainted for carrying letters out Ireland, the pope and cardinal Pole, also sir Adrian Fortescue for endeavouring raise rebellion, Thomas Dingley, knight St. John
Pole, Michael Throgmorton, gentleman, John
Hilliard and Thomas Goldwell, clerks, and Wil for going several foreign princes, and per liam Peyto, Franciscan the Observants, suading then make war upon the king, and
were attainted gast off their duty jected themselves
upon the March. When was brought them, was either tire Star-Chamber, the scaffold, openly acknowledged the before the privy council; for there men
lins, for saying, “The king would hang in hell one day for the plucking down of Abbeys. ' All those, Edward Nevill only excepted, pleaded guilty, and they were condemned: but Geofrey Pole was the only person the num ber that was not executed, for had discovered the matter. At the same time also, cardinal
Jerusalem, and Robert Granceter, merchant,
absence; because they had assist the lords Darcy and Hussie the the king, and had sub rebellion they had raised. Two gentlemen,
the bishop Rome, Pole Dominican frer, and yeoman, were the him; and writing same act attainted, for saying that “That ve
being made cardinal
treasonable letters, and sending them into nemous serpent the bishop Rome was Su England. On the 4th Feb. following, preme Head the church Fingland. ’ Ano Nicholas Carew, that was both master the ther gentleman, two priests, and yeoman were horse, and knight
the garter, was arraigned attainted for treason general, particular the marquess Exe crime being specified. Thus sixteen persons attaindor unjust were this manner attainted, and there was
for being adherent
ter, and having spoke
and cruel. He was also attainted and executed any examination witnesses for convicting
errors and superstition which had for tion any evidence that was brought merly lived and blessed God for his impri Journals: there was also much haste made
the
sonment, “For then began relish the life the passing this bill being brought the
and sweetness God's holy word, which was
brought him his keeper, one Phillips, who
followed the Reformation, and had formerly suffered for it. ”
10th May was read that day for the first and second time, and the 11th May for the third time.
The commons kept five days before they sent back, and added some more those that were the bill first but how many were named the bill originally, and how many were afterwards added, cannot known. Fortescue and Dingley suffered the
After these executions, followed the Par
liament 1539, which not only these At
tandors that were already passed were con
firined, but new ones strange and unheard
of nature were enacted. blemish never 10th July. As for the countess Sarum,
washed off, and which cannot enough condemned, and was breach the most sacred and unalterable rules justice, which
capable excuse; was the attainting
the lord Herbert saw Record, “That Bulls
from the pope were found her house, that she kept correspondence with her son, and that she forbade her tenants have the New
Testament English, any other the books that had been published the king's autho
some persons, whom they held custody,
without bringing them trial. Concerning
which, shall add what the great lord chief rity. ” She was then about seventy years
justice Coke writes: “Although question not age, but shewed the answers she made, that the power the parliament, for without ques she had vigorous and masculine mind. She tion the attaindor stands force law, yet was kept two years prisoner the Tower, after this say the manner proceeding, Auferat the act had passed, the king that reprieve oblivio, potest, mon utrumque silentium designing oblige her son better beha tegat. For the more high and absolute the viour; but upon fresh provocation new
jurisdiction the court the more just and
honourable ought the proceedings,
and give example justice inferior
courts. ” The chief of these were the mar natural death. November this year were chioness Exeter and the countess Sarum. the abbots Reading, Glassenbury and Col The special matter charged the former, chester attainted Treason, which mention her confederating herself Nicholas Carew, was made formerly.
his treasons: which added, ‘That she the parliament that sate the year 1540 had committed divers other abominable trea they went follow that strange precedent,
sons. ' The latter said have confederated “herself with her son the cardinal, with other
aggravating words. " does not appear
the Journal that any witnesses were examined
only that day that the bills were read the third mas Abell, and Edward Powel, pricsts, and time the house lords, Cromwell shewed Willian Horn, yeoman, were attainted, for them coat white silk, which the lord admi denying the king's supremacy, and adhering
ral had found among the countess Saruun's
cloaths, which the arms of England were
wrought on the one side, and the standard that
vol.
rebellion the north, she was beheaded, and
her, the name and line Plantagenet de termined. The marchioness of Exeter died
which they had made the former year. the 56th act, Giles Hieron was attainted treason,
special matter being mentioned.
the 57th act, Richard Fetherstoun, Tho
the bishop Rome the same act the wife one Tirrell, esq. was attainted, for reusing
her duty allegiance, and denying prince Ed-,
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483] STATE TRIALS, 2 Epw. 1549. -Proceedings against Lord Seymour [484
ward prince and heir the crown and they suffered the same day with Barnes and his one Laurence Cook, Doncaster, was also friends, hath been already shewn.
attainted for contriving the king's death. This year, Sanpson bishop Chichester,
By the 58th act, Gregory Buttolph, Adam and one doctor Wilson were put the Tower, Damplip, and Edward Brindeholm, clerks, and upon suspition correspondence with the Cleinent Philpot, gentleman, were attainted, Pope. But upon their submission they had for adhering the bishop Rome, for cor their pardon and liberty. the year 1541, responding with cardinal Pole, and endeavour five priests and ten secular persons, some
ing surprize the town Calais the same act Barnes, Gerrard, and Jerome were attainted, whose sufferings account has been already given.
By the 59th act, William Bird, priest and chaplain the lord Hungerford, was attainted, for having said one that was going assist the king against the rebels the north
them being gentlemen quality, were raising new rebellion Yorkshire; which was sup pressed time, and the promoters being
apprehended, were attainted and executed, and this occasioned the death of the countess
Sarum, after the execution the sentence had been delayed almost two years.
the king's severity was
which one Gardiner, that Winchester's kinsman and secretary, and three other priests, were tryed, for denying the king's supremacy, and soon
after executed. But what special matter was
an sorry thou goest, seest thou not how the
king plucketh down images and abbies every was the bishop
day And the king thither himself, will never come home again, nor any them which with him, and truth were pity
should ever come home again;' and ano ther time upon ones saying, “O good Lord, ween all the world will be heretics little time :''Bird said, “Doest thou marvel that?
marvel, for the great master
heretick, just o rigo
tell thee
all an
not his like
These were the proceedings against those that adhered Rome: which, though there
that knowing Bird tertain him house
traitor, did en
chaplain; that Henry, and his
and such one there the world. ’
for censure, for the laws were
By the same act, the lord Hungerford was likewise attainted. “The crimes specified are,
the execution them was raised
chaplains, Hugh Wood, and one Dr. Maudlinto use conjuring,
that they might know how long the king should
ordered another
live, and whether he should be victorious over possible extenuate deny. —To conclude,
his enemies not; and that these three years we have now gone through the reign king
last past had frequently committed the de
Henry the 8th, who rather reckoned among the great than the good princes. He
exercised much severity men both
liament. The lord Hungerford was executed ersuasions, that the writers both sides
the same day with Cromwell; dyed such have laid open his faults, and taxed his cruelty.
testable sin sodomy with several his ser
vants All these were attainted that par
disorder that some thought was frenetick, But neither them were much obliged
for he called often the executioner dis him,
none have taken much care set patch him, and said was weary life, and forth his good qualities, his enemies have longed dead, which seemed strange done enlarge vices: not deny,
man that had little cause hope his that he be numbred annong the death. For Powel, Fetherstoun, and Abell, princes, yet cannot rank him with the worst.
40. Proceedings Parliament against Sir Thom SEYMoUR, knt. Lord Seymour Sudley, Lord High Admiral England,
The last instance the year 1543,
laid their charge, cannot the record of their attainder
known, for lost.
this king
the interests great ground
rous,
the highest that the law could admit; yet there
nothing them justifie the clamours which that party have raised against king
they pursue memory this day; and are far short, both number and degrees, the cruelties queen Maries
reign, which yet they endeavour that
Uncle the King, and Brother the Lord Protector, for
High Treason
Edward VI. 1549.
Burn.
Reform. 90,
ABOUT the year 1547,
Rapin, 50.
Thomas Seymour,
Cobb. Parl. Hist. 587. ]
the Protector's brother, was brought such share his fortunes, that he was made
that, made his addresses Catherine Parr, the queen dowager, and they were married privately. Being this match possessed
baron, and lord admiral. But this not satisfy great wealth, studied engage about ing his ambition, endeavoured have link the king his friends. His design was, that ed himself into nearer relation with the since was the king's uncle well his
crown, marrying the king's sister, the lady brother, ought have proportioned Elizabeth. But finding could not compass share with him the government. About
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485] STATE TRIALS, 2 Edw. VI. 1540. —of Sudley, for High Treason. [436
Easter that year he first set about that design; king dislike every thing that was done, and corrupted some about the king, who persuading him assume the government
should bring him sometimes privately through
the gallery to the queen dowager's lodgings;
and he desired they would let him know when
the king had occasion for money, they should
not trouble the treasury, for he would furnish danger into which would throw himself. him. Thus he gained ground with the king.
When the Protector was that year in Scot
land, the Admiral began to act more openly, and was for making a party for himself, of
many things broke out against him, particularly conspiracy his with William Sharington, all was ineffectual ; for the admiral was re vice treasurer the Mint Bristol, who was
which Paget charged him in plain terms, yet
solved to go on, and either get himself advanced have furnished him with 10,000 and had higher, or perish in the attempt. During the already coined about 12,000 false money
session, the Admiral got the king to write with (c), and had clipt his own hand a message to the house of com value 40,000 mons for making him governor of his per tainted process son, and he intended to have gone with it was confirmed
to the house, and had a party there, by whose also, that waited interest he was confident to have carried his others, were sent
great deal more, the all; for which he was at common law, and that
parliament (d). Fowler the privy-chamber, with the Tower; many com
business: he dealt also with many of the lords plaints being brought against him, the lord and counsellors to assist him in When this Russel, the earl Southampton and Secretary
was known, before had gone with
the house, some were sent his brother's
Petre were ordered receive their Examina tions.
cured such
him sent
Articles High Treason, and other Misde meanours against the King's Majesty and his
mitted himself the Protector and Council and his brother and seemed perfectly reconciled (a), though was visible only put off his projects till fitter conjuncture, and was occasions infusing into the
Harleiana, 29, 51, the duke of Somerset's and Council's Letter Philip Hobby, declaring him “The
traitorous proceedings the Lord High Admi ral, the duke's brother, viz. “That attempt ed take his own hands the most noble
refused hearken he were crossed
The Protector finding could not persuade him submit, the 22d Feb. report was his made the Council of all the Informations
(a) mentioned some historians, that
the first occasion the quarrel between the person the king's majesty, and intended
two brothers, arose from the envy and malice bandying himself with divers persons, have
the duchess Somerset against the queen moved plain sedition the parliament, and dowager, wife the Admiral, and that she otherwise have put the whole realm trou claimed the precedency the Protector's lady; ble and danger. That such his practices being
but this very unlikely, that she should ignorant the customs England, dis
pute precedency with the queen dowager. The
whole story seems forged Saunders,
his Treatise Schismat. Anglican. and copied
discovered, and questioned, seemed very enitent, whereupon was forgiven, and his
iving advanced almost 1000 marks per annum. That afterwards practised, and had almost compassed secret unarriage between himself and the lady Eliz. the king's sister; and then
by Hayward, &c. See Kennet 301, and
Burnet's Reformation, 54. Rapin 53, and intended have taken into his hands, and
Strype's Memorials, 124 and 475. But order the person the king's majesty, and Strype the same volume, 133, saith, king the lady Mary, and have disposed his
Edward, his invaluable Journal, preserved the Cotton Library, noteth, that the Protec
tor was much offended with this marriage
majesty's whole council pleasure for which put into the Tower London. ”
the queen. See also Strype's Hayward's Edw. his
(c) See William Sharington's Confession Strype's Memorials, 81, the Repository.
his brother
Animadversions
Memorials, vol.
pendix vol.
errors and falshoods Saunders's Book the restitution blood sir Wm. Sharington, English Schism. knt, ibid. 995.
himself, and bribing his servants.
Thus continued contriving and plotting
for some time; the Protector had often been told these things, and warned him the
But his restless ambition seeming incurable, was the 19th January (Stowe sayeth the 16th) sent the Tower (b): and now
name see they further;
them, and said, that
attempt, would make this the “blackest against him; consisting not only the particu Parliament' that ever was England. Upon lars before-mentioned, but many foul Mis that was sent for order from the Coan demeanours the discharge the Admiralty, cil, but refused come; then they threatened several pirates being concerned with him, &c. him severely, and told him, the king's writing The whole Charge against him, consisting
was nothing law, but that who had pro Articles, followeth, viz.
could prevail with him
was punishable for doing act
nature, &c. they resolved have the Tower. But last he sub
(b) Bibliotheca
(d) See the Act for confirmation the 475, and Burnet's Ap Attainder William Sharington, knt.
392; concerning some IRastal's Statutes, 951, and the Act for the
of
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437] STATE TRIALS, 2 Epw. VI. 1540–Proceedings against Lord Seymour [48s
Crown, oljected to Sir Thomas Seymour, Knt. have taken the king's majesty's person into Lord Seymour of Sudley, and High Admiral your own hands and custody, the danger
of England. (e)
objected and laid unto your charge, That this notwithstanding you have attempted and gone about, indirect means, undo this older, and get into your hands the government
“ 1. Whereas the duke of Somerset was
made Governor of the king's majesty's person,
and Protector of his realms, and dominions,
and subjects, the which you yourself did nuate you his grace, that when lacked any agree, and gave your consent writing;
the king's majesty, the great danger
highness's person, and the subversion
ment this purpose, the danger
person, and subversion the state
11. That you promised the marriage the king's majesty your will and pleasure. 12.
state the realin. That corrupting with
his the
the realm.
gifts, and fair promises, divers the privy That you have laboured, and gone about chamber, you went about allure highness combine and confederate yourself with some
condescend and agree the same your most persons; and especially moved those noblemen
heinous and perilous purposes, danger his highness's person, and
the great whom you thought not contented, de
part into their countries, and make themselves strong; and otherwise, allure them serve your purpose gentle promises and offers,
have party and faction readiness your purposes, the danger the king's majesty's
the sub That you wrote Letter with your own hand, which let
version the state the realin.
ter the king's majesty should have subscribed, written again atter that copy, the Pariia
ment house; and that you delivered the same person, and peril the state the realm. 13.
his subjects, and peril the realm. 10. That you have corrupted, with money, certain the
privy chamber, persuade the king's inajesty have credit towards you and insi
thing, should have you and none other body, the intent should mislike his order ing, and that you might the better, when you saw time, use the king's highness for
instru his royal
his highness for that intent: With the which
hat you have parted, were, your ima gin ition and intent, the realm, set noblemen
highness, subscribed, you have determined have come into the com
written
countervail such other noblemen you mons house yourself; and there, with your sau thought would lett your devilish purposes, and
tors and adherents before prepared, have made broil, tumult, uproar, the great danger the king's majesty's person, and sub version the state this realm. That you yourself spake divers the Council, and la boured with divers the nobility the realm,
the state, and order the realm, and at the multitude and commons, when you should tain your other purposes, the danger the think meet, the furtherance your pur
king's majesty's person, now tender years, poses. 15. That you have not only studied
stick and adhere unto you for the alteration
son, and great peril the state the realm.
14. That you had advised certain men en
tertain and win the favour and good-wills
the head yeomen and ringleaders certain countries, the intent that they might bring
and subversion the state the realm. That you did say openly and plainly, you would make the blackest Parliament that ever was
and imagined how have the rule number men your hands, but that you have at
tempted get, also gotten, divers steward
England. That being sent for the autho ships noblemen's lands, and their manno rity, answer such things were thought reds, make your party stronger, for your
meet reformed you, you refused purposes aforesaid the danger the king's
come very evil example disobedience, majesty's person, and great peril the state
and danger thereby the subversion the the realm. 16. That you have retained young
state of the realm. That since the last ses gentlemen, and hired yeomen,
sions this parliament, notwithstanding much titude, and far above such number clemency shewed unto you, you have still con mitted the laws and statutes
tinued your former mischievous purposes;
were otherwise necessary your service, piace, estate,
and continually,
and laboured
yourself and others, studied put into the king's majesty's misliking the government
the king's
the realm. that matter,
head and mind, the realin, and
ings, the danger
purposes; the great danger the Lord Protector's do majesty, and peril the state
peril the realm.
person, and the great 17. That you had travailed That the king's majesty that you had made yourself able
make, being those tender years, and yet age your own inen, out your lands and rules,
laboured strong your devices;
the great danger the king's imajesty's per
great mul per the realin, convenient for the fortifying yourself towards your evil intents and
direct own things, you have gone and other your adherents, ten thousand men,
unable
about
much
upon himself the government and managing his own affairs, the danger highness's person, and great peril the whole realm. That you had fully intended and appointed,
(e) Ex libro Concilii, 236,
besides your friends, the advancement all your intents and purposes; the danger the king's majesty's person, and the great peril the state the realm. 18. That you had con ferred, cast, and weighed much money would find the said ten thousand men for month; and that you knew how and where have the same sum; and that you had given
instil into grace's head, and lieth you, persuaded him take
f. of his
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489] STATE TRIALS, 2 Edw. VI. 1549. —of Sudly, for High Treason. [400
warning to have and prepare the said mass of you travailed also have Londay, and under money in a readiness; to the danger of the pretence have victualled the ships there king's majesty's person, and great peril to the with, not only went about, but also moved the
state of the realm. , 19. That you have not Lord Protector, and whole council, that you only before you married the queen, attempted might, publick authority, have that, which
and gone about to marry the king's majesty's private fraud and falshood, and confedera
sister, the lady Elizabeth, second inheritor in ting with Sharington, you had gotten: that
remainder to the crown, but also being then the Mint Bristol, yours wholly, and
lett by the Lord Protector, and others of the only serve your purposes, casting, may
Council, since that time, both in the life of the appear, that these traiterous purposes had
queen, continued your old labour and love; and good success, yet you might thither convey
after her death, by secret and crafty means, good mass money; where being aided with
practised purpose ship
to atchieve the said of mar . s, and conspiring evil events with pi
§§the said lady Elizabeth; to the danger of rates, you might times have sure and the king's majesty's person, and peril of the safe refuge, any thing for your demerits
state of the same. 20. That you married the should have been attempted against you. 24. late queen so soon after the late king's death, That having knowledge that Win. Sharing
that if she had conceived streight after, it ton, had committed Treason, and otherwise should have been a great doubt whether the wonderfully defrauded and deceived the king's
child born should have been accounted the late
king's or yours; whereupon a marvellous dan
ger and peril might, and was like to have en
sued to the king's majesty's succession and trary your allegiance and duty the king's quiet of the realm. 21. That you first mar majesty, and the good laws and orders the
realm. 25. That where you owed Win. Sharington, kt. great sum money, yet
ried the queen privately, and did dissemble and keep close the same ; insomuch, that a good
majesty, nevertheless, you both yourself, and
him,
you could, did aid, assist, and bear him, con
counsel for
and means
space after you had married her, you made la bour to the king's majesty, and obtained a let ter of his majesty's hand, to move and require
abet, bear, and cloak the great falshood the said Sharington, and defraud the king's majesty, you were not afraid say and affirm, before the Lord Protector and the Council, that
the said queen to marry with you; and likewise
procured the Lord Protector to speak to the the same Sharington did owe unto you queen to bear you her favour towards mar great sum money, viz. 2800l. and con riage: by which colouring, not only your evil spire with him that falshood, and take and dissembling nature may be known, but bill that feigned debt into your custody. also it is to be feared, that at this present you 26. That you yourself and ministers, have did intend to use the same practice in the not only extorted and bribed great surns marriage of the lady Elizabeth's grace. 22. money such ships should into Island,
that now and take the government into his own hands, and credit you; was none other end and purpose, but after title gotten
the crown, and your party made strong both
by sea and land, with furniture men and money sufficient bave aspired the dignity royal, some heinous enterprize against the king's majesty's person; the subversion
the whole state the realm. 23. That you not only had gotten into your hands the strong and dangerous isles Scilly, bought divers men; but that Inuch lay your power,
you have not only taken from the takers the said pirates, the goods and ships taken,
without any reward, but have cast the said
takers, for their good service done the king's
majesty, into prison, and there detained them great time; some eight weeks, Some inore, some less, the discouraging such truly
should serve the king's inajesty against his
pirates and enemies. 29. That divers the head pirates being brought unto you, you have
the same pirates again free unto the seas, and taken away from the takers them, not
you, did but also should any other where mer par chandise, contrary the liberty this realm,
That you not only, so much as
stop and lett such things as, either
liament otherwise, should tend
vancement the king's majesty's affairs, but tion the navy the same, the great dan did withdraw yourself from the king's majes ger the king's majesty, and the state the ty's service; and being moved and spoken un realm. 27. That where divers merchants,
to, for your own honour, and for the ability well strangers Englishmen, have had their that was you, serve and aid the king's goods piratously robbed and taken, you have
Inajesty's affairs, and the Lord Protector's, you had their goods your hands and custody,
the ad and the great discouragement and destruc
would always draw back, and feign excuscs, and declare plainly that you would not it. —
Wherefore, upon the discourse these foresaid things, and divers others, must needs intended, that these preparations
men and money, the attempts and secret
practices the said marriage; the abusing
and persuading the king's majesty mislike
the government, state, and order the realm where certain men have taken certain pirates,
daily seen your house, and distributed among your servants and friends, without any restitu tion the parties injured and spoiled; that thereby foreign princes have manner been weary the king's majesty's amity, and
their ambassadors divers times complained the great slander the king's majesty, and
danger the state the realm. 28. That
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491] STATE TRIALS, 2 Edw. VI. 1549. -Proceedings against Lord Seymour [492
only their commodity and profit, but from
the true owners the ships and goods, such ever came into the pirates hands, though
you were authorized the chief pirate, and have had the advantages they could bring
the Council, but refused make direct Answer them, sign those Answers that had made. So was ordered, that the next
day, the privy council, except the abp.
Canterbury, and John Baker, Speaker unto you. 30. That where order hath been the House Commons, who was engaged
taken, the Lord Protector and the whole attend the house, should the Tower, Council, that certain goods, piratically taken and examine him. On the 23d the lord chan upon the seas, and otherwise known not cellor, with the other counsellors, went him, wreck nor forfeited, should restored the and read the Articles his Charge, and ear true owners, and letters thereupon written nestly desired him make plain Answers
the Lord Protector and the Council; the them, excusing himself where could, and which letters, you yourself, among the other, submitting himself other things; and that did set your hand yet you, this notwith would shew obstinacy mind. He an
standing, have given commandment your
ficers, that such letters should and written your private letters commanding the said goods not
but kept your own use and profit, contrary At last the lord chancellor required him, your own hand before the council-cham his allegiance, make his Answer. He de ber written; and contrary your duty and sired they would leave the Articles with him,
legiance, and the perilous example others, and would consider them, otherwise
and great slander and danger the realm. would make no answer to them. But the
31. That where certain strangers, which were friends and allies the king's majesty, had their ships, with wind and weather broken, and yet came unwrecked the shore; when the Lord Protector and the Council had written for
the restitution the said goods, and the country aid and save much the goods might, you yourself subscribing and consent ing thereto yet this notwithstanding, you have
not only given contrary commandment your officers, but pirate have written letters some your friends help, that much these goods they could, should conveyed away secretly night farther off, upon hope that the said goods were assured, Owners would make further labour for them, and then you might have enjoyed them, contrary
counsellors resolved not leave them with him
,.
should after dinner acquaint the king with the
state that affair, and desire know him
whether would have the law take place?
and since the thing had been before the parlia
ment, whether he would leave their deter mination When the counsellors waited on
him, the lord chancellor opened the matter
the king, and delivered his opinion for leaving
the parliament; then every counsellor himself spoke his mind the same purpose. Last the Protector spake. He protested this was most sorrowful business him, that
had used the means his power keep from coming this extremity. But
obeyed; the contrary,
swered them, That expected and his accusers brought All the counsellors endeavoured
face face. persuade restored, him more tractable, but no purpose.