but also glad of death. Besides this, he uttered his words so distinctly, and with so loud and cleare a voice that the people were astonished thereat, and noted it for a miraculous thing, to heare so plain and audible a voice come from so weak and sickly an old body; for the youngest man in that presence, being in good and perfect health, could not have spoken to be better heard and perceived, than he was. Then after these few words by him uttered he kneeled down on both his knees, and said certain prayers, among which one was the hymn of Te Deum laudamus, to the end, and the psalin of In te, Domine, speravi. Then came the executioner, and bound a handkerchief about his eyes; and so this holy father lifting up his hands and heart towards heaven, said a few prayers, which were not long, but fervent, and devout which being ended, he laid his head down on the middle of a little block, where the executioner being ready with a sharp and heavy ax cut asunder bis slender neck at one blow, which bled so abundantly, that many wondered to see so much blood issue out of so slender and leane a body. He was beheaded June 22, 1535, in the 80th year of his age. Lord Herbert says that "the Pope (Paul 3rd) sent him a cardinal's hat, but unseasonably, his head being off." There is a story, that when Henry heard of the Pope's intention to send him a hat, he exclaimed, "Fore God, then, he shall wear it on his shoulders, for I'll have his head off." 32. The Trial of WILLIAM Lord DACRES of the North, for High Treason, in the Court of the Lord High Steward: 27 Henry VIII. A D. 1535. Hall and Lord Herbert's Hen. VIII.] ["This Trial is taken notice of in most of the Treason, where the duke of Norfolke sate as old Chronicles, and also in one of the Har-judge and high steward of England. The sayd leian manuscripts; but Hall's is the book, lorde Dacres beyng brought to the barre with from which the others transcribe. We there- the axe of the Tower before him, after his infore present our readers with an extract ditement red, not only improved the sayd inditefrom him, to which we add one from lord ment as false and maliciously devised against Herbert's Henry the 8th, as the latter is more him, and answered every part and matter herin explanatory. But both accounts are SO contained, but also so manly, wittily, and dishort, that we fear they will be deemed too rectly confuted his accusors, whiche there were trivial for insertion. Against such a censure, ready to avouche their accusacions, that to we have only to say, that it is the fact of lord their great shames, and to his great honor, he Dacres's acquittal, which was our chief in- was found that day by his peres not giltie, ducement for admitting the mention of this whiche undoubtedly the commons excedyngly Trial into the collection. In ancient times, joyed and rejoysed of, insomuche as there was more especially in the reign of Henry 8th, in the hall at those woordes, Not giltie,' the when, from the devastation made by the greatest shoute and crye of joy that the like civil wars amongst the ancient nobility, and no man livyng may remembre that ever he other causes disturbing the balance of the beard. constitution, the influence of the crown was become exorbitant, and seems to have been in its zenith, to be accused of a crime against the state and to be convicted were almost the same thing. The one was usually so certain a consequence of the other, that, exclusively of lord Dacres's Case in the reign of Henry 8th, and that of sir Nicholas Throcknorton in his daughter Mary's, the examples to the contrary are very rare. But those which do occur ought to be remembered in justice to the times they belong to, as a sort of balance for the reproach deservedly cast upon them, for the culpable facility of condemnation so conspicuous in most other instances." Hargrave.] Extract from Hall's Hen. VIII. p. 225. THE nynth day of July was the lorde Dacres of the north arreigned at Westminster of High Extract from lord Herbert's Henry VIII. in 2 Kenn. Compl. Hist. p. 177. The lord Dacres of the north (July 9, as our historians have it) was arraigned at Westminster of High Treason, but as the principal witnesses produced against him by his accusers (sir Ralph Fenwick and one Musgrave) were some mean and provoked Scottish men, so his peers acquitted him, as believing they not only spoke maliciously, but might be easily suborned against him, as one who (having been warden of the Marches) by frequent inroads had done much harm in that country. And thus escaped that lord to his no little honour, and his judges, as giving example thereby how persons of great quality, brought to their trial, are not so necessarily condemned, but that they sometimes may escape, when they obtain an equal hearing. 33. The Trials of Queen ANNA BOLEYN, and her Brother lord viscount ROCHFORD, for High Treason, in the Court of the Lord High Steward; and also of HENRY NORRIS, MARK SMETON, WILLIAM BRERETON, and Sir FRANCIS WESTON, before Commissioners of Oyer and Terminer, for the same Offence: 28 Hen. VIII. A. D. 1536. [Harleian MS. 1 Burnet's Reform. 196. 1 Strype's Memorials, 279.] ["The earliest account we have of these pro- | Extract from Harleian Manuscript. THOMAS duke of Norfolke, lord high steward of England, att the Tryall of queene Anne Boleyn, who on the 15th day of May, in the 28th yeare of the raigne of kinge Henry the eight, was arraigned in the Tower of London, on a scaffold for that purpose made in the kings ball, the duke of Norfolke sittinge under the cloath of state, the lord chauncellor on his right hand, and the duke of Suffolke on his lefte, the earle of Surrey, sonne of the duke of Norfolke, sittinge directly before his father, a degree lower, as earle marshall of England, to whome were adjoyned 26 other peeres, and among them the queenes father (a), by whome shee was to be tryed. The king's Commission beinge read, the accusers gave in theire Evidence, and the Wittnesses were produced, the queene sittinge in her chaire made for her, (whether in regard of any infirmity, or out of honor permitted to the wife of the soveraigne) haveinge an excellent quick witt, and being a ready speaker, did so answeare to all obiections, that had the peeres given in theire Verdict accordinge to the expectacion of the assembly, shee had beene acquitted: but they (among whome the duke of Suffolke the kings brotherin-law was cheife, and wholy applyinge himselfe to the kings humor) pronounced her guilty; wherevpon the duke of Norfolke, bound to proceed accordinge to the Verdict of the peeres, condemned her to death, either by beinge burned in the Tower-Greene, or beheaded, as his majestie in his pleasure should thinke fitt. The Sentence beinge denounced the court arose, and she was conveyed back againe to her chamber, the lady Boleyn her aunt, and the lady Kingston, wife to the constable of the Tower, only attendinge her.—And on the 19th of May, the queene was brought to the place of execucion in the Greene within the Tower, some of the nobility and company of the cittie beinge admitted rather to bee wittnesses then spectators of her death, to whome the queene (haveinge ascended the scaffold) spake on this manner. "Freinds and good Christian people, I am here in your presence to suffer death, whereto I acknowledge my selfe adjudged by the lawe, how justly I will not say; I intend not an accusacion of any one. I beseech the Almighty to preserve his majestie longe to raigne over you, a more gentle or mild prince never swayed septer; his bounty and clemency towards mee I am sure hath beene speciall; if any one intend an inquisitiue survey of my actions, I intreate him to judge favourably of mee, and not rashly to admitt any censorious conceit. soe I bid the world farewell, beseeching you to commend mee in your prayers to God." (b) And (a) The queen's father was not one of her judges. See page 417, and the note there. (b) Fox, 2 Acts and Monuments, p. 279. gives nearly the same speech. : This speech shee vttered with a smylinge countenaunce; then kneelinge downe, with a fervent spirit said: To Jesus Christ I commend my soule, Lord Jesu receaue my soule;' and repeatinge these words very often, suddenly the stroake of the sword sealed the debt that shee owed vnto death.-Nowe the court of England was like a stage, whereon are represented the vicissitudes of ever various fortunes; for within one and the same moneth, that saw queene Anne florishinge, accused, condemned, executed, and another assumed into her place both of bedd and honour. The first of May, yt seemeth, shee was informed against, the second imprisoned, the fifteenth condemned, the seaventeenth deprived of her brother aud friends, who suffered in her cause, and the nyneteenth executed, On the twentyeth the kinge married Jane Seimour, who on the nyne and twentieth was publiquely shewed queene. Extract from 1 Burnet's Reformation, 196. In January, 1536, the queen brought forth a dead son. This was thought to have made ill impressions on the king and that, as he concluded from the death of his sons by the former queen, that the marriage was displeasing to God, so he might upon this misfortune, begin to make the like judgment of this marriage. Sure enough the popish party were earnestly set against the queen, looking on her as the great supporter of heresie. And at that time, Fox, then bishop of Hereford, was in Germany at Smalcald, treating a league with the protestant princes, who insisted much on the Augsburg confession. There were many conferences between Fox and Dr. Barnes, and some others, with the Lutheran divines, for accommodating the differences between them, and the thing was in a good forwardness. All which was imputed to the queen. Gardiner was then ambassador in France, and wrote earnestly to the king, to dissuade him from entering into any religious league with these princes: for that would alienate all the world from him, and dispose his own subjects to rebel. The king thought the German princes and divines should have submitted all things to his judgment, and had such an opinion of his own learning, and was so puft up with the flattering praises that he daily heard, that he grew impatient of any opposition, and thought that his dictates should pass for oracles. And because the Germans would not receive them so, his mind was alienated from them.—But the duke of Norfolk at court, and Gardiner beyond sea, thought there might easily be found a mean to accomodate the king, both with the emperor and the pope, if the queen were once out of the way; for then he might freely marry any one whom he pleased, and that marriage, with the male issue of it, could not be disputed: whereas, as long as the queen lived, her marriage, as being judged null from the beginning, could never be allowed by the court of Rome, or any of that party. With these reasons of state, others of affection concurred, The queen had been his wife three years; but at this time he entertained a secret love for Jane Seimour, who had all the charms both of beauty and youth in her person; and her humour was tempered, between the severe gravity of queen Katherine, and the gay pleasantness of queen Ann. The queen, perceiving this alienation of the kings heart, used all possible arts to recover that affection, of whose decay she was sadly sensible. But the success was quite contrary to what she designed. For the king saw her no more with those eyes, which she had formerly captivated; but grew jealous, and ascribed these caresses to some other criminal affections, of which he began to suspect her. This being one of the most memorable passages of this reign, I was at more than ordinary pains to learn all I could concerning it, and have not only seen a great many letters that were writ by those that were set about the queen, and catcht every thing that fell from her, and sent it to court, but have also seen an account of it, which the learned Spelman, who was a judge at that time, writ with his own hand in his Common-Place book, and another account of it writ by one Anthony Anthony a surveyor of the ordnance of the Tower. From all which I shall give a just and faithful relation of it, without concealing the least circumstance, that may either seem favourable or unfavourable to her. She was of a very cheerful temper, which was not always limited within the bounds of exact decency and discretion. She had rallied some of the kings servants more than became her. Her brother, the lord Rochford, was her friend as well as brother; but his spiteful wife was jealous of him: and being a woman of no sort of vertue. (as will appear afterwards by her serving queen Katherine Howard in her beastly practices, for which she was attainted and executed,) she carried many stories to the king, or some about him, to persuade, that there was a familiarity between the queen and her brother, beyond what so near a relation could justifie. All that could be said for it, was only this: that he was once seen leaning upon her bed, which bred great suspition. Henry Norris, that was groom of the stole, Weston, and Brereton, that were of the kings privy-chamber, and one Mark Smeton, a musician, were all observed to have much of her favour; and their zeal in serving her was thought too warm and diligent to flow from a less active principle than love. Many circumstances were brought to the king, which working upon his aversion to the queen, together with his affection to mistress Seimour, made bim conclude her guilty. Yet somewhat which himself observed, or fancied, at a tilting at Greenwich, is believed to have given the crisis to her ruin. It is said, that he spied her let her handkerchief fall to one of her gallants to wipe his face, being hot after a course. Whether she dropt it carelessly, or of design; or whether there be any truth in that story, the letters concerning her fall making no mention of it, I cannot determine; for Spelman makes no mention of it, and gives a very different account of the discovery in these to Cranmer, to come to Lambeth; but ordered, The duke of Norfolk, and some of the king's council, were with her; but could draw nothing from her, though they made her believe, that Norris and Mark had accused her. But when they were gone, she fell down on her knees and wept, and prayed often, Jesu have mercy on me; and then fell a laughing: when that fit was over, she desired to have the sacrament still by her, that she might cry for mercy. And she said to the lieutenant of the Tower, she was as clear of the company of all men, as to sin, as she was clear from him; and that she was the king's true wedded wife. And she cried out, O Norris, hast thou accused me? Thou art in the Tower with me, and thou and I shall dye together; and Mark, so shall thou too.' She apprehended they were to put her in a dungeon; and sadly bemoaned her own, and her mother's misery; and asked theın, whether she must dye without justice. But they told her, the poorest subjects had justice, much more would she have it. The same letter says, that Norris had not accused her; and The surprize and confusion she was in, raised fits of the mother, which those about her did not seem to understand: but three or four let-that be said to her almoner, that he could ters, which were writ concerning her to court, say, that she was at some times very devout, and cried much; and of a sudden would burst out in laughter, which are evident signs of vapours. When she heard that those who were accused with her, were sent to the Tower, she then concluded herself lost; and said, she should be sent thither next; and talked idlely, saying, That if her bishops were about the king, they would all speak for her. She also said, that she would be a saint in heaven, for she had done many good deeds; and that there should be no rain, but heavy judgments on the land, for what they were now doing to her.' Her enemies had now gone too far, not to destroy her. Next day she was carryed to the Tower, and some lords, that met her on the river, declared to her what her offences were. Upon which, she made deep protestations of her innocence, and begged leave to see the king; but that was not to be expected. When she was carried into the Tower, She fell down on her knees, and prayed God to help her, as she was not guilty of the thing for which she was accused.' That same day the king wrote swear for her, she was a good woman.' But she being made believe that he had accused her, and not being then so free in her thoughts, as to consider that ordinary artifice for drawing out confessions, told all she knew, both of him and Mark. Which though it was not enough to destroy her, yet certainly wrought much on the jealous and alienated king. She told them, "That she once asked Norris, why he did not go on with his marriage?' who answered her, that he would yet tarry some time.' To which she replyed, You look for dead men's shoes; for if ought come to the king but good, you would look to have me.' He answered, if he had any such thought, he would his head were cut off. Upon which, she said, she could undoe him if she pleased, and thereupon she fell out with him.' As for Mark, who was then laid in irons, she said, he was never in her chamber, but when the king was last at Winchester; and then he came in to play on the virginals: she said, that She never spoke to him after that, but on Saturday be fore May-day, when she saw him standing in the window, and then she asked him, why he 6 ceed after your graces will and pleasure, nor less procuring his glory and honour; then I suppose your grace did never any thing more acceptable unto him, since your first governance of this your realm. And moreover, your grace shall give unto him occasion to multiply and encrease his graces and benefits unto your highness, as he did unto his most faithful servant Job; unto whom, after his was so sad; he said, it was no matter: she answered, You may not look to have me speak to you, as if you were a nobleman, since you are an inferior person. No, no, madam,' said he, a look sufficeth me.' She seemed more apprehensive of Weston, than of any body. For on Whitsun Munday last he said to her, That Norris came more to her chamber upon her account, than for any body else that was there. She had observed that he loved a kins-great calamities and heaviness, for his obewoman of hers, and challenged him for it, and for not loving his wife. But he answered her, that there were women in the house, whom he loved better than them both; she asked who is that; yourself, said he; upon which, she said, she defied him.' dient heart, and willing acceptation of Gods scourge and rod, Addidit ei Dominus cuncta duplicia. And if it be true, that is openly reported of the queens grace, if men had a right estimation of things, they should not 'esteem any part of your graces honour to be touched thereby, but her honour only to be clearly disparaged. And I am in such a perplexity, that my mind is clean amazed. For I never had better opinion in woman, than I 5 had in her; which maketh me to think, that she should not be culpable. And again, I think your highness would not have gon so 'far, except she had surely been culpable. Now I think that your grace best knoweth, that next unto your grace, I was most bound unto her of all creatures living. Wherefore I most humbly beseech your grace, to suffer me in that which both Gods law, nature, and also This misery of the queens drew after it the common effects that follow persons under such a disgrace; for now all the court was against her, and every one was courting the rising queen. But Cranmer had not learned these arts, and had a better soul in him, than to be capable of such baseness and ingratitude. He had been much obliged by her, and had conceived an high opinion of her, and so could not easily receive ill impressions of her; yet he knew the kings temper, and that a downright justification of her would provoke him: therefore he wrote the following Letter, on the 3d of May, with all the softness that so tender aher kindness, bindeth me unto; that is, that I point required; in which he justified her as far as was consistent with prudence and charity. The letter shows of what a constitution he was that wrote it; and contains so many things that tend highly to her honour, that I shall insert it here, as I copied it from the original. may with your graces favour wish and pray for her, that she may declare her self inculpable and innocent. And if she be found culpable, considering your graces goodness towards her, and from what condition your grace of your only meer goodness took her, Pleaseth it your most noble grace, to be and set the crown upon her head; I repute advertised, that at your graces commandment him not your graces faithful servant and subby Mr. Secretary his letters, written in your ject, nor true unto the realm, that would not graces name, I came to Lambeth yesterday, desire the offence without mercy to be puand do there remain to know your graces 'nished, to the example of all other. And as 'further pleasure. And forsomuch as without 'I loved her not a little, for the love which I 'your graces commandment, I dare not con- judged her to bear towards God and his gostrary to the contents of the said Letters, pre- pel; so if she be proved culpable, there is not 6 sume to come unto your graces presence; one that loveth God and his gospel, that ever 'nevertheless, of my most bounden duty, I can will favour her, but must hate her above all 'do no less than most humbly to desire your other; and the more they favour the gospel, grace, by your great wisdom, and by the as- the more they will hate her: for then there 'sistance of Gods help, somewhat to suppress was never creature in our time that so much the deep sorrows of your graces heart, and to 'slandered the gospel. And God hath sent take all adversities of Gods hands both pa- her this punishment, for that she feignedly tiently and thankfully. I cannot deny, but your hath professed his gospel in her mouth, and grace hath great causes many ways of lament-not in heart and deed. And though she have able heaviness: also that in the wrongful esti-offended so, that she hath deserved never to ⚫mation of the world, your graces honour of every 'be reconciled unto your graces favour; yet part is so highly touched, whether the things Almighty God hath manifoldly declared his that commonly be spoken of, be true or not, goodness your grace, and never offended you. that I remember not that ever Almighty God But your grace, I am sure, knowledgeth that sent unto your grace, any like occasion to you have offended him. Wherefore I trust try your graces constancy throughout, whe- that your grace will bear no less entire favour ther your highness can be content to take off unto the truth of the gospel, than you did beGods hands, as well things displeasant, as fore: forsomuch as your graces favour to the pleasant. And if he find in your most noble gospel, was not led by affection unto her, but heart such an obedience unto his will, that by zeal unto the truth. And thus I beseech your grace, without murmuration and over- Almighty God, whose gospel he hath ordained much heaviness, do accept all adversities, not your grace to be defender of, ever to preserve less thanking him, than when all things suc- your grace from all evil, and give you at the 6 6 6 |