fied with his blood, afterwards by their power | whatsoever name or names he the same duke (in the infancy of the duke's heir, who continued hath been called, named, or created, by any and was owned for duke of Somerset for several letters patents, writs, or otherwise." This being months after his father's death,) procured an a case unprecedented, both in law and history, act of parliament in the same year, 5 Edw. 6, and so contrary to the rules of law, justice and intituled, An Act touching the limitation of reason, to have an attainder of Felony stand, the late duke of Somerset's Lands,' wherein for an offence, which apparently neither then, there is a clause obliquely inserted, to take nor at any time after, was felony; and if a away the said honour so entailed as aforesaid; felony yet to have a forfeiture extended beyond which by no Felony (how notorious soever the the offence, (if there were any) and to be so same had been) could by law have been for- maliciously prosecuted after the death of the feited, viz. "And be it farther enacted, That the said duke, (who was mainly instrumental in said duke and his heirs males, begotten upon bringing about the blessed Reformation of Rethe body of the said lady Anne for ever, shall, ligion) it is humbly conceived to be most by authority of this Act, lose and forfeit unto agreeable to justice to restore the said marquis, your highness, your heirs and successors for who is heir male of the bodies of the said duke ever, and also be deprived from henceforth for and the lady Anne his wife, to his ancient hoever, as well of the names of viscount Beau- nour, so illegally taken away as aforesaid." champ, earl of Hertford, and duke of Somerset, and every of them, as also of all and every other his and their honour or honours, degrees, dignities, estates, preheminences, and styles, by

Whereupon, in September 1660, the said marquis of Hertford was restored to the Dukedom of Somerset, by a repeal of the Act of the 5th of Edw. 6.

43. Proceedings concerning the Non-Conformity in Religion of the Lady MARY, Sister of the King EDWARD the Sixth, afterwards Queen of England: 4 & 5 Edw. VI. A. D. 1550, 1551. [2 Fox's Acts and Monum. 700.j

BY the first Instrument which is here printed, it appears that a letter or letters had been sent by the Lord Protector and Council to the Lady Mary, remonstrating against her Nonconformity. Such letter or letters I have not found.

The Lady Mary's Letter to the Lord Protector

and the rest of the Council.

"My Lord; I perceive by the letters which I late received from you, and other of the king's majesty's council, that ye be all sorry to find so little conformity in me touching the observation of his majesty's laws; who am well assured, that I have offended no law, unless it be a late law of your own making, for the altering of matters in Religion, which in my conscience is not worthy to have the name of a law, both for the king's honour's sake, the wealth of the realm, and giving an occasion of an evil bruit through all Christendom, besides the partiality used in the same, and (as my said conscience is very well persuaded) the offending of God, which passeth all the rest: but I am well assured that the king his father's laws were all allowed and consented to without compulsion by the whole realm, both spiritual and temporal, and all ye executors sworn upon a book to fulfil the same, so that it was an authorized law, and that I have obeyed, and will do with the grace of God, till the king's majesty my brother shall have sufficient years to be a judge in these matters himself. Wherein, my lord, I was plain with you at my last being in the court, declaring unto you at that time

whereunto I would stand, and now do assure you all, that the only occasion of my stay from altering mine opinion, is for two causes.-One principally for my conscience sake; the other, that the king my brother shall not hereafter charge me to be one of those that were agree able to such alterations in his tender years. And what fruits daily grow by such changes, since the death of the king my father, to every indifferent person it well appeareth, both to the displeasure of God, and unquietness of the realm.-Notwithstanding, I assure you all, I would be as loth to see his highness take burt, or that any evil should come to this his realm, as the best of you all, and none of you have the like cause, considering how I am compelled by nature, being his majesty's poor and humble sister, most tenderly to love and pray for him, and unto this his realm (being born within the same) with all wealth and prosperity to God's honour.—And if any judge of me the contrary for mine opinion's sake, as I trust one doth, I doubt not in the end, with God's help, to prove myself as true a natural and humble sister, as they of the contrary opinion, with all their devices and altering of laws, shall prove thenselves true subjects; praying you, my lord, and the rest of the council, no more to trouble and unquiet me with matters touching my conscience, wherein I am at a full point, with God's help, whatsoever shall happen to me, intending, with his grace, to trouble you little with any worldly suits, but to bestow the short time I think to live in quietness, and pray for the king's majesty and all you, heartily wishing,

out a dispensation by a law, and herein her grace shall understand, that it is no law which is dissolved by a law neither may her grace do that injury to the king's majesty her brother, to diminish his authority so far, that he may not, by the free consent of a parliament, amend and alter unprofitable laws, for the number of inconveniences which hereof might follow, as her grace with consideration may well perceive."

that your proceedings may be to God's honour, the safeguard of the king's person, and quietness to the whole realm.-Moreover, where your desire is, That I should send my controller and Dr. Hopton unto you, by whom you would signify your minds more amply, to my contentation and honour; it is not unknown to you all, that the chief charge of my house resteth only upon the travels of my said controller, who hath not been absent from my house three whole days since the setting up of the same, Offence taken by the sending for her Offiunless it were for my letters patents; so that cers.' You shall say: "If her grace consider if it were not for his continual diligence, I the first letters of that purpose, they will declare think my little portion would not have stretched our good meanin to her, and her gentle usage, so far. And my chaplain by occasion of sick-requiring the presence of her trusty servant, ness hath been long absent, and is not yet able because she might give more trust to our to ride. Therefore like as I cannot forbear message." my controller, and my priest is not able to journey, so shall I desire you my lord, and all the rest of the council, that having any thing to be declared to me, except matters of religion, ye will either write your minds, or send some trusty person, with whom I shall be contented to talk, and make answer as the case shall require; assuring you that if any servant of mine, either man or woman, or chaplain, should move me to the contrary of my conscience, I would not give ear to them, nor suffer the like to be used within my house. And thus my lord, with my hearty commendations, I wish unto you and the rest as well to do as myself. From my house at Kinning-hall, the 22d of June, 1549. Your assured friend to my power, MARY."

'Her house is her flock.' You shall say: "It is well liked her grace should have her house or flock, but not exempt from the king's orders; neither may there be a flock of the king's subjects, but such as will hear and follow the voice of the king their shepherd. God disalloweth it, law and reason forbiddeth it, policy abhorreth it, and her honour may not require it."

'Her grace deferreth her obedience to the king's laws, until his majesty he of sufficient years.' You shall say; "She could in no one saying more disallow the authority of the king, the majesty of his crown, and the state of the rcalm. For herein she suspendeth his kingdom, and esteemeth his authority by his age, not by his right and title. Her grace must understand he is a king by the ordinance of God, by deA Remembrance of certain Matters appointed his years. scent of royal blood, not by the numbering of As a creature subject to mortality, by the Council to be declared by Dr. Hopton he hath youth, and by God's grace shall have to the Lady Mary's Grace, for Answer to her age; but as a king he hath no difference by former Letter; which said Hopton was, after days and years. The Scripture plainly declareth she came to her Reign, Bishop of Norwich. it, not only young children to have been kings Her grace writeth, That the Law made by by God's special ordinance, but also (which is Parliament is not worthy the name of Law,' to be noted) to have had best success in their meaning the Statute for the Communion, &c. reign, and the favour of God in their proceedYou shall say thereto : "The fault is great in ings. Yea, in their first years have they most any subject to disallow a law of the king, a purely reformed the church and state of relilaw of a realm, by long study, free disputation, gion. Therefore her grace hath no cause thus and uniform determination of the whole clergy, to diminish his majesty's power, and to make consulted, debated, and concluded; but the him as it were no king until she think him of greater fault is in her grace, being next of any sufficient years. Wherein how much his masubject in blood and estate to the king's majesty may be justly offended, they be sorry to jesty her brother and good lord, to give example of disobedience, being a subject, or of unnaturalness, being his majesty's sister, or of neglecting the power of the crown, she being by limitation of law next to the same. The example of disobedience is most perilous in this tine, as she can well understand; her unkindness resteth in the king's own acceptation; the neglecting of the power before God is answerable, and in the world toucheth her honour."

The Executors,' she saith, were sworn to king Henry 8th his laws.' You shall say: "It is true, they were sworn to him, his laws, his heirs, and successors; which oath they duly observe, and should offend if they should break any one jot of the king's laws now being, with

VOL. I.

think."

She saith she is subject to none of the council.' You shall say, "If her grace understandeth it of us in that acceptation as we be private men, and not counsellors sworn to the king's majesty, we knowledge us not to be superiors; but if she understand her writing of us as counsellors and magistrates ordained by his majesty, her grace must be contented to think us of authority sufficient by the reason of our office to challenge a superiority; not to rule by private affection, but by God's providence; not to our estimation, but to the king's honour, and finally to increase the king's estate with our council, our dignity and vocation; and we think her grace will not forget the saying of Solomon in the sixth chapter of the

2 M.

1549.

[532 Book of Wisdom, to move a king to rule by before us. At Richmond the 14th of June counsel and wisdom, and to build his estate upon them. Wherefore her grace must be remembered, the king's majesty's politic body is not made only of his own royal material body, but of a council, by whom his majesty ruleth, directeth, and governeth his realin. In the place of which council her grace is not ignorant that we be set and placed. Wherefore the reputation she shail give us, she shall give it to the king's honour, and that which she shall take from us, she shall take from his majesty, whose majesty we think if it might take increase or honour, as God giveth a daily abundance, it should receive rather increase from her, being his majesty's sister, than thus any abatement."

She received master Arundel, and master Englefield,' You shall say; "All the council remembereth well her refusal to have her house charged with any more number, alledging the final proportion for her charge, and therefore it was thought to come more for their earnest suit, meaning to be privileged subjects from the law, than of her desire, which refused very often to increase her number. Their cautele the king might not suffer, to have his law disobeyed, their countries where they should serve by them to be destitute, and, having been servants to his majesty, the circumstances of their departure might in no wise be liked."

The Lady Mary to the Lord Protector and the rest of the Council, 27th June, 1549. "My lord, I perceive by letters directed from you, and other of the king's majesty's council, to my comptroller, my chaplain, and master Englefield my servant, that ye will them upon their allegiance to repair immediately to you, wherein you gave me evident cause to change mine accustomed opinion of you all, that is to say, to think you careful of my quietness and well doing, considering how earnestly I writ to you for the stay of two of them, and that not without very just cause. And as for master Englefield, as soon as he could have prepared himself, having his horses so far off, although ye had not sent at this present, he would have performed your request. But indeed I am much deceived. For I supposed ye would have weighed and taken my letters in better part, if ye have received them; if not, to have tarried my answer, and I not to have found so little friendship, nor to have been used so ungently at your hands in sending for him upon whose travel doth rest the whole charge of my whole house, as I writ unto you lately; whose absence therefore shall be to me and my said house no little displeasure, especially being so far off. And besides all this, I do greatly marShe refused to hear any man to the contrary vel to see your writing for him, and the other of her opinion.' You shall say; "It is an two, with such extreme words of peril to ensue answer more of will than of reason, and there- towards them in case they did not come, and fore her grace must be admonished neither to specially for my comptroller, whose charge is so trust her own opinion without ground, neither great, that he cannot suddenly be meet to take to mislike all others having ground. If hers be a journey which words in mine opinion needgood, it is no hurt to hear the worse. If it heed not (unless it were in some very just and ill, she shall do well if she hear the better. She necessary cause) to any of mine, who taketh shall not alter by hearing, but by hearing the myself subject to none of you all; not doubting better. And because she shall not mislike the but if the king's majesty my brother were of offer, let her grace name of learned men whom sufficient years to perceive this matter, and she will, and further than they by learning shall knew what luck and incommodity the absence prove she shall not be moved. And so far it of my said officer should be to my house, is thought reason will compel her grace." his grace would have been so good lord to me, as to have suffered him to remain where his charge is. Notwithstanding, I have willed him at this time to repair to you, commanding him to return forthwith for my very necessities sake, and I have given the like leave to my poor sick priest also, whose life I think undoubtedly shall be put in hazard by the wet and cold painful travel of this journey. But for my part I assure you all, that since the king my father, your late master and very good lord, died, I never took you for other than my friends; but in this it appeareth contrary. And saving I thought verily that my former letters should have discharged this matter, I would not have troubled myself with writing the same, not doubting but you do consider, that none of you all would have been contented to have been thus used at your inferiour's hands; I meane, to have had your officer or any of your servants sent for by force (as ve make it) knowing no full cause why. Wherefore I do not a little marvel, that ye had vet this remembrance

In the end ye shall say; "The good wills and minds of the Lord Protector and the council is so much toward her grace that howsoever she would herself in honour be esteemed, how soever in conscience quieted, yea howsoever benefited, saving their duties to God and the king, they would as much, and in their doings (if it please her to prove it) will be nothing inferiours, assuring her grace, that they be most sorry that she is thus disquieted: and if necessity of the cause, the honour and surety of the king, and the judgment of their own conscience, moved them not, thus far they would not have attempted. But their trust is, her grace will allow them the more, when she shall perceive the cause, and think no less could be done by them, where she provoked them so far." These and other of like credit, more amply committed to you in speech, you shall declare to her grace, and further declare your conscience for the allowing of the manner of the communion, as ye have plainly professed it

it.

divided into two parts. The first is, that in mat- I shall most humbly desire your highness to ters of religion your faith is none other, but as examine the truth thereof indifferently, and all Christendom doth confess. The next is, either will your majesty's ambassador, now beyou will assent to no alteration, but wish things ing with the emperor, to inquire of the same, to stand as they did at our father's death. If if it be your pleasure to have him move it, or you mean in the first to rule your faith by that else to cause it to be demanded of the emperor's you call Christendom, and not by this church ambassador here, although he were not within of England wherein you are a member, you this realm at that time. And thereby it shall shall err in many points, such as our fathers appear that in this point I have not offended and yours would not have suffered, whatsoever your majesty, if it may please you so to accept you say of the standing still of things as they And albeit your majesty, God be praised, were left by him. The matter is too plain to hath at these years as much understanding and write, what may be gathered, and too perilous more, than is commonly seen in that age, yet to be concluded against you. For the other considering you do hear but one part, your part, if you like no alteration by our authority, highness not offended, I would be a suitor to of things not altered by our father, you should the same, that till you were grown to more perdo us too great an injury. We take ourself, fect years, it might stand with your pleasure to for the administration of this our common- stay in matters touching the soul. So undoubtwealth, to have the same authority which our edly should your majesty know more, and hear father had, diminished in no part, neither by others, and nevertheless be at your liberty and example of Scripture, nor by universal laws. do your will and pleasure. And whatsoever The stories of Scripture be so plenteous, as al- your majesty hath conceived of me, either by most the best ordered church of the Israelites letters to your Council, or by their report, I was by kings younger than we be. Well sister, trust in the end to prove myself as true to you, we will not in these things interpret your writ- as any subject within your realm, and will by ings to the worst; love and charity shall ex- no means stand in argument with your majesty, pound them. But yet you must not thereby but in most humble wise beseech you, even for be bold to offend in that whereunto you see God's sake, to suffer me, as your highness hath your writings might be wrested. To conclude, done hitherto. It is for no worldly respect I we exhort you to do your duty, and if any impe- desire it. God is my judge, but rather than to diment be thereof, not of purpose, you shall find offend my conscience, I would desire of God to a brotherly affection in us to remedy the same. lose all that I have, and also my life; and neTo teach and instruct you we will give order, vertheless live and die your humble sister and and so procure you to do your duty willingly, true subject. Thus after pardon craved of that you shall perceive you are not used mere- your majesty for my rude and bold writing, I ly as a subject, and only commanded, but as a beseech Almighty God to preserve the same in daughter, a scholar, and a sister, taught, in-honour with as long continuance of health and structed and persuaded. For the which cause, when you have considered this our letter, we pray you that we may shortly hear from you."

The Lady Mary to the King.

"My duty most humbly remembered to your majesty, please it the same to understand that I have received your lettters by master Throgmorton this bearer. The contents whereof do more trouble me than any bodily sickness, though it were even to the death, and the rather for that your highness doth charge me to be both as breaker of your laws, and also an incourager of others to do the like. I most humbly beseech your majesty to think that I never intended towards you otherwise than my duty compelleth me unto, that is, to wish your highness all honour and prosperity, for the which I do and daily shall pray. And where it pleaseth your majesty to write, that I make a challenge of a promise made otherwise than it was meant, the truth is, the promise could not be denied before your majesty's presence at my last waiting upon the same. And although, I confess, the ground of faith, whereunto I take reason to be but an handmaid, and my conscience also hath and do agree with the same: yet touching that promise, for so much as it hath pleased your majesty, God knoweth by whose persuasion, to write, it was not so meant ;

life, as ever had noble king. From Beaulien, the 3rd of February. Your majesty's most humble and unworthy sister, MARY,"

The Lady Mary to the Lords of the Council, the 4th of December, 1550.

My lords, your letters dated the second of this present were delivered unto me the third of the same. And where you write that two of my chaplains, doctor Mallet and Barkly, be indicted for certain things committed by them contrary to the king's majesty's laws, and process for them also awarded forth, and delivered to the sheriff of Essex; I cannot but marvell they should be so used, tonsidering it is done, as I take it, for saying mass within my house: and although I have been of myself minded always, and yet am, to have mass within my house: yet I have been advertised that the emperor's majesty hath been promised that I should never be unquieted nor troubled for my so doing, as some of you, my lords, can witness. Furthermore, besides the declaration of the said promise made to me by the emperor's ambassador that dead is, from his majesty, to put my chaplains more out of fear, when I was the last year with the king's majesty my brother, that question was then moved, and could not be denied, but affirmed by some of before his majesty to be true, being not so much un

you