* Heylin, p. 46. Patten.

** Burnet, vol. ii. p. 83. Buchanan, lib. xv. Keith, p. 55. Thuanus, lib. v. c. 15.

*** Thuanus, lib. v. c. 15.

Somerset, pressed by many difficulties at home and despairing of success in his enterprise against Scotland, was desirous of composing the differences with that kingdom, and he offered the Scots a ten years' truce; but as they insisted on his restoring all the places which he had taken, the proposal came to nothing. The Scots recovered the fortresses of Hume and Fastcastle by surprise, and put the garrisons to the sword: they repulsed with loss the English, who, under the command of Lord Seymour, made a descent, first in Fife, then at Montrose: in the former action, James Stuart, natural brother to the queen, acquired honor; in the latter, Ereskine of Dun. An attempt was made by Sir Robert Bowes and Sir Thomas Palmer, at the head of a considerable body, to throw relief into Haddington; but these troops, falling into an ambuscade, were almost wholly cut in pieces.[*] And though a small body of two hundred men escaped all the vigilance of the French, and arrived safely in Haddington with some ammunition and provisions, the garrison was reduced to such difficulties, that the protector found it necessary to provide more effectually for their relief. He raised an army of eighteen thousand men, and adding three thousand Germans, who, on the dissolution of the Protestant alliance, had offered their service to England, he gave the command of the whole to the earl of Shrewsbury.[**] Desse raised the blockade on the approach of the English; and with great difficulty made good his retreat to Edinburgh, where he posted himself advantageously. Shrewsbury, who had lost the opportunity of attacking him on his march, durst not give him battle in his present situation; and contenting himself with the advantage already gained of supplying Haddington, he retired into England.

* Stowe, p. 595. Holingshed, p, 994.

** Hayward, p. 291.

Though the protection of France was of great consequence to the Scots in supporting them against the invasions of England, they reaped still more benefit from the distractions and divisions which have crept into the councils of this latter kingdom. Even the two brothers, the protector and admiral, not content with the high stations which they severally enjoyed, and the great eminence to which they had risen, had entertained the most violent jealousy of each other; and they divided the whole court and kingdom by their opposite cabals and pretensions. Lord Seymour was a man of insatiable ambition; arrogant, assuming, implacable; and though esteemed of superior capacity to the protector, he possessed not to the same degree the confidence and regard of the people. By his flattery and address, he had so insinuated himself into the good graces of the queen dowager, that, forgetting her usual prudence and decency, she married him immediately upon the demise of the late king; insomuch that, had she soon proved pregnant, it might have been doubtful to which husband the child belonged. The credit and riches of this alliance supported the ambition of the admiral, but gave umbrage to the duchess of Somerset, who, uneasy that the younger brother's wife should have the precedency, employed all her credit with her husband, which was too great, first to create, then to widen the breach between the two brothers.[*]

* Hayward, p. 301. Heylin, p. 72. Camden. Thuanus, lib. vi. p. 6. Haynes, p. 69.

The first symptoms of this misunderstanding appeared when the protector commanded the army in Scotland. Secretary Paget, a man devoted to Somerset, remarked that Seymour was forming separate intrigues among the counsellors; was corrupting by presents the king's servants; and even endeavoring, by improper indulgences and liberalities, to captivate the affections of the young monarch. Paget represented to him the danger of this conduct; desired him to reflect on the numerous enemies whom the sudden elevation of their family had created; and warned him, that any dissension between him and the protector would be greedily laid hold of to effect the ruin of both. Finding his remonstrances neglected, he conveyed intelligence of the danger to Somerset, and engaged him to leave the enterprise upon Scotland unfinished, in order to guard against the attempts of his domestic enemies. In the ensuing parliament, the admiral's projects appeared still more dangerous to public tranquillity; and as he had acquired many partisans, he made a direct attack upon his brother's authority. He represented to his friends, that formerly, during a minority, the office of protector of the kingdom had been kept separate from that of governor of the king's person; and that the present union of these two important trusts conferred on Somerset an authority which could not safely be lodged in any subject.[*] The young king was even prevailed on to write a letter to the parliament desiring that Seymour might be appointed his governor; and that nobleman had formed a party in the two houses, by which he hoped to effect his purpose. The design was discovered before its execution; and some common friends were sent to remonstrate with him, but had so little influence, that he threw out many menacing expressions, and rashly threatened that, if he were thwarted in his attempt, he would make this parliament the blackest that ever sat in England.[**] The council sent for him to answer for his conduct; but he refused to attend: they then began to threaten in their turn, and informed him that the king's letter, instead of availing him any thing to the execution of his views, would be imputed to him as a criminal enterprise, and be construed as a design to disturb the government, by forming a separate interest with a child and minor. They even let fall some menaces of sending him to the Tower for his temerity; and the admiral, finding himself prevented in his design, was obliged to submit, and to desire a reconciliation with his brother.

The mild and moderate temper of Somerset made him willing to forget these enterprises of the admiral; but the ambition of that turbulent spirit could not be so easily appeased. His spouse, the queen dowager, died in childbed; but so far from regarding this event as a check to his aspiring views, he founded on it the scheme of a more extraordinary elevation. He made his addresses to the lady Elizabeth, then in the sixteenth year of her age; and that princess, whom even the hurry of business and the pursuits of ambition could not, in her more advanced years, disengage entirely from the tender passions, seems to have listened to the insinuations of a man who possessed every talent proper to captivate the affections of the fair.[***]

* Haynes, p. 82, 90.

** Haynes, p. 75.

*** Haynes, p. 95, 96, 102, 108.

But as Henry VIII. had excluded his daughters from all hopes of succession if they married without the consent of his executors, which Seymour could never hope to obtain, it was concluded that he meant to effect his purpose by expedients still more rash and more criminal. All the other measures of the admiral tended to confirm this suspicion. He continued to attack, by presents, the fidelity of those who had more immediate access to the king's person: he endeavored to seduce the young prince into his interest, he found means of holding a private correspondence with him; he openly decried his brother's administration; and asserted that, by enlisting Germans and other foreigners he intended to form a mercenary army, which might endanger the king's authority, and the liberty of the people: by promises and persuasion he brought over to his party many of the principal nobility; and had extended his interest all over England: he neglected not even the most popular persons of inferior rank; and had computed that he could, on occasion, muster an army of ten thousand men, composed of his servants, tenants, and retainers:[*] he had already provided arms for their use; and having engaged in his interests Sir John Sharington, a corrupt man, master of the mint at Bristol, he flattered himself that money would not be wanting. Somerset was well apprised of all these alarming circumstances, and endeavored, by the most friendly expedients, by entreaty, reason, and even by heaping new favors upon the admiral, to make him desist from his dangerous counsels: but finding all endeavors ineffectual, he began to think of more severe remedies. The earl of Warwick was an ill instrument between the brothers; and had formed the design, by inflaming the quarrel, to raise his own fortune on the ruins of both.

* Hayne, p. 105, 106.

Dudley, earl of Warwick, was the son of that Dudley, minister to Henry VII., who, having, by rapine, extortion, and perversion of law, incurred the hatred of the public, had been sacrificed to popular animosity in the beginning of the subsequent reign. The late king, sensible of the iniquity, at least illegality, of the sentence, had afterwards restored young Dudley's blood by act of parliament; and finding him endowed with abilities, industry, and activity, he had intrusted him with many important commands, and had ever found him successful in his undertakings. He raised him to the dignity of Viscount Lisle, conferred on him the office of admiral, and gave him by his will a place among his executors. Dudley made still further progress during the minority; and having obtained the title of earl of Warwick, and undermined the credit of Southampton, he bore the chief rank among the protector's counsellors. The victory gained at Pinkey was much ascribed to his courage and conduct; and he was universally regarded as a man equally endowed with the talents of peace and of war. But all these virtues were obscured by still greater vices; an exorbitant ambition, an insatiable avarice, a neglect of decency, a contempt of justice: and as he found that Lord Seymour, whose abilities and enterprising spirit he chiefly dreaded, was involving himself in ruin by his rash counsels, he was determined to push him on the precipice, and thereby remove the chief obstacle to his own projected greatness.

When Somerset found that the public peace was endangered by his brother's seditious, not to say rebellious schemes, he was the more easily persuaded by Warwick to employ the extent of royal authority against him; and after depriving him of the office of admiral, he signed a warrant for committing him to the Tower. Some of his accomplices were also taker into custody; and three privy counsellors, being sent to examine them, made a report, that they had met with very full and important discoveries. Yet still the protector suspended the blow, and showed a reluctance to ruin his brother. He offered to desist from the prosecution, if Seymour would promise him a cordial reconciliation, and, renouncing all ambitious hopes, be contented with a private life, and retire into the country. But as Seymour made no other answer to these friendly offers than menaces and defiances, he ordered a charge to be drawn up against him, consisting of thirty-three articles;[*] and the whole to be laid before the privy council. It is pretended, that every particular was so incontestably proved, both by witnesses and his own handwriting, that there was no room for doubt; yet did the council think proper to go in a body to the Tower, in order more fully to examine the prisoner. He was not daunted by the appearance: he boldly demanded a fair trial; required to be confronted with the witnesses; desired that the charge might be left with him, in order to be considered; and refused to answer any interrogatories by which he might accuse himself.

* Buruet, Tol. ii. coll. 31. 2 and 3 Edward VI. c. 18.

It is apparent that, notwithstanding what is pretended, there must have been some deficiency in the evidence against Seymour, when such demands, founded on the plainest principles of law and equity, were absolutely rejected. We shall indeed conclude, if we carefully examine the charge, that many of the articles were general, and scarcely capable of any proof many of them, if true, susceptible of a more favorable interpretation; and that though, on the whole, Seymour appears to have been a dangerous subject, he had not advanced far in those treasonable projects imputed to him. The chief part of his actual guilt seems to have consisted in some unwarrantable practices in the admiralty, by which pirates were protected and illegal impositions laid upon the merchants.

But the administration had at that time an easy instrument of vengeance, to wit, the parliament; and needed not to give themselves any concern with regard either to the guilt of the persons whom they prosecuted, or the evidence which could be produced against them. A session of parliament being held, it was resolved to proceed against Seymour by bill of attainder; and the young king being induced, after much solicitation, to give his consent to it, a considerable weight was put on his approbation. The matter was first laid before the upper house; and several peers, rising up in their places, gave an account of what they knew concerning Lord Seymour's conduct, and his criminal words or actions.

{1549.} These narratives were received as undoubted evidence; and though the prisoner had formerly engaged many friends and partisans among the nobility, no one had either the courage or equity to move, that he might be heard in his defence, that the testimony against him should be delivered in a legal manner, and that he should be confronted with the witnesses. A little more scruple was made in the house of commons: there were even some members who objected against the whole method of proceeding by bill of attainder passed in absence; and insisted, that a formal trial should be given to every man before his condemnation. But when a message was sent by the king, enjoining the house to proceed, and offering that the same narratives should be laid before them which had satisfied the peers, they were easily prevailed on to acquiesce.[*] The bill passed in a full house. Near four hundred voted for it; not above nine or ten against it.[**] The sentence was soon after executed, and the prisoner was beheaded on Tower Hill. The warrant was signed by Somerset, who was exposed to much blame, on account of the violence of these proceedings. The attempts of the admiral seem chiefly to have been levelled against his brother's usurped authority; and though his ambitious, enterprising character, encouraged by a marriage with the lady Elizabeth, might have endangered the public tranquillity, the prudence of foreseeing evils at such a distance was deemed too great, and the remedy was plainly illegal. It could only be said, that this bill of attainder was somewhat more tolerable than the preceding ones, to which the nation had been inured; for here, at least, some shadow of evidence was produced.

* 2 and 3 Edward VI. c. 18.

** Burnet vol. ii. p. 99.

All the considerable business transacted this session, besides the attainder of Lord Seymour, regarded ecclesiastical affairs, which were now the chief object of attention throughout the nation. A committee of bishops and divines had been appointed by the council to compose a liturgy; and they had executed the work committed to them. They proceeded with moderation in this delicate undertaking; they retained as much of the ancient mass as the principles of the reformers would permit: they indulged nothing to the spirit of contradiction, which so naturally takes place in all great innovations: and they flattered themselves, that they had established a service in which every denomination of Christians might without scruple concur. The mass had always been celebrated in Latin; a practice which might have been deemed absurd, had it not been found useful to the clergy, by impressing the people with an idea of some mysterious unknown virtue in those rites, and by checking all their pretensions to be familiarly acquainted with their religion. But as the reformers pretended in some few particulars to encourage private judgment in the laity, the translation of the liturgy, as well as of the Scriptures, into the vulgar tongue, seemed more conformable to the genius of their sect; and this innovation, with the retrenching of prayers to saints, and of some superstitious ceremonies, was the chief difference between the old mass and the new liturgy. The parliament established this form of worship in all the churches, and ordained a uniformity to be observed in all the rites and ceremonies.[*]

* 2 and 3 Edward VI. c. 1.

There was another material act which passed this session. The former canons had established the celibacy of the clergy; and though this practice is usually ascribed to the policy of the court of Rome, who thought that the ecclesiastics would be more devoted to their spiritual head, and less dependent on the civil magistrate, when freed from the powerful tie of wives and children, yet was this institution much forwarded by the principles of superstition inherent in human nature. These principles had rendered the panegyrics on an inviolate chastity so frequent among the ancient fathers, long before the establishment of celibacy. And even this parliament, though they enacted a law permitting the marriage of priests, yet confess in the preamble, "that it were better for priests and the ministers of the church to live chaste and without marriage, and it were much to be wished they would of themselves abstain." The inconveniences which had arisen from the compelling of chastity and the prohibiting of marriage, are the reasons assigned for indulging a liberty in this particular.[*] The ideas of penance also were so much retained in other particulars, that an act of parliament passed, forbidding the use of flesh meat during Lent and other times of abstinence.[**] [20]

The principal tenets and practices of the Catholic religion were now abolished, and the reformation, such as it is enjoyed at present, was almost entirely completed in England. But the doctrine of the real presence, though tacitly condemned by the new communion service, and by the abolition of many ancient rites, still retained some hold on the minds of men: and it was the last doctrine of Popery that was wholly abandoned by the people.[***] The great attachment of the late king to that tenet might, in part, be the ground of this obstinacy: but the chief cause was really the extreme absurdity of the principle itself, and the profound veneration, which, of course, it impressed on the imagination. The priests, likewise, were much inclined to favor an opinion which attributed to them so miraculous a power; and the people, who believed that they participated of the very body and blood of their Savior, were loath to renounce so extraordinary, and, as they imagined, so salutary a privilege. The general attachment to this dogma was so violent, that the Lutherans, notwithstanding their separation from Rome, had thought proper, under another name, still to retain it; and the Catholic preachers in England, when restrained in all other particulars, could not forbear, on every occasion, inculcating that tenet. Bonner, for this offence among others, had been tried by the council, had been deprived of his see, and had been committed to custody. Gardiner, also, who had recovered his liberty, appeared anew refractory to the authority which established the late innovations; and he seemed willing to countenance that opinion, much favored by all the English Catholics, that the king was indeed supreme head of the church, but not the council during a minority. Having declined to give full satisfaction on this head, he was sent to the Tower, and threatened with further effects of the council's displeasure.

* 2 and 3 Edward VI. cap. 21.

** 2 and 3 Edward VI. cap. 19. See note T. at the end of the volume.

*** Burnet, vol. ii, p 104.

These severities, being exercised on men possessed of office and authority, seemed in that age a necessary policy, in order to enforce a uniformity in public worship and discipline; but there were other instances of persecution, derived from no origin but the bigotry of theologians; a malady which seems almost incurable. Though the Protestant divines had ventured to renounce opinions deemed certain during many ages, they regarded, in their turn, the new system as so certain, that they would suffer no contradiction with regard to it; and they were ready to burn in the same flames from which they themselves had so narrowly escaped, every one that had the assurance to differ from them. A commission, by act of council, was granted to the primate and some others, to examine and search after all Anabaptists, heretics, or contemners of the Book of Common Prayer.[*]

* Burnet, vol. ii. p. 3. Rymer, tom. xv. p. 181.

The commissioners were enjoined to reclaim them, if possible; to impose penance on them, and to give them absolution; or, if these criminals were obstinate, to excommunicate and imprison them, and to deliver them over to the secular arm: and in the execution of this charge, they were not bound to observe the ordinary methods of trial; the forms of law were dispensed with; and if any statutes happened to interfere with the powers in the commission, they were overruled and abrogated by the council. Some tradesmen in London were brought before these commissioners, and were accused of maintaining, among other opinions, that a man regenerate could not sin, and that, though the outward man might offend, the inward was incapable of all guilt. They were prevailed on to abjure, and were dismissed. But there was a woman accused of heretical pravity, called Joan Bocher, or Joan of Kent, who was so pertinacious, that the commissioners could make no impression upon her Her doctrine was, "that Christ was not truly incarnate of the Virgin, whose flesh, being the outward man, was sinfully begotten, and born in sin, and, consequently, he could take none of it; but the Word, by the consent of the inward man of the Virgin, was made flesh."[*] This opinion, it would seem, is not orthodox; and there was a necessity for delivering the woman to the flames for maintaining it. But the young king, though in such tender years, had more sense than all his counsellors and preceptors; and he long refused to sign the warrant for her execution. Cranmer was employed to persuade him to compliance; and he said, that there was a great difference between errors in other points of divinity, and those which were in direct contradiction to the apostles' creed: these latter were impieties against God, which the prince, being God's deputy, ought to repress, in like manner, as inferior magistrates were bound to punish offences against the king's person. Edward, overcome by importunity, at last submitted, though with tears in his eyes; and he told Cranmer, that if any wrong were done, the guilt should lie entirely on his head. The primate, after making a new effort to reclaim the woman from her errors, and finding her obstinate against all his arguments, at last committed her to the flames. Some time after, a Dutchman, called Van Paris, accused of the heresy which has received the name of Arianism, was condemned to the same punishment. He suffered with so much satisfaction, that he hugged and caressed the fagots that were consuming him; a species of frenzy of which there is more than one instance among the martyrs of that age.[**]

These rigorous methods of proceeding soon brought the whole nation to a conformity, seeming or real, with the new doctrine and the new liturgy. The lady Mary alone continued to adhere to the mass, and refused to admit the established modes of worship. When pressed and menaced on this head, she applied to the emperor, who, using his interest with Sir Philip Hobby, the English ambassador, procured her a temporary connivance from the council.[***]

* Burnet, vol. ii. coll. 35 Strype's Mem. Cranm. p. 181.

** Burnet, vol. ii. p. 112. Strype's Mem. Cranm. p. 181.

*** Heylin, p. 102



CHAPTER XXXV



EDWARD VI.

{1549.} There is no abuse so great in civil society, as not to be attended with a variety of beneficial consequence; and in the beginnings of reformation, the loss of these advantages is always felt very sensibly, while the benefit, resulting from the change is the slow effect of time, and is seldom perceived by the bulk of a nation. Scarce any institution can be imagined less favorable, in the main, to the interests of mankind than that of monks and friars; yet was it followed by many good effects, which, having ceased by the suppression of monasteries, were much regretted by the people of England. The monks, always residing in their convents, in the centre of their estates, spent their money in the provinces and among their tenants, afforded a ready market for commodities, were a sure resource to the poor and indigent; and though their hospitality and charity gave but too much encouragement to idleness, and prevented the increase of public riches, yet did it provide to many a relief from the extreme pressures of want and necessity. It is also observable, that as the friars were limited by the rules of their institution to a certain mode of living, they had not equal motives for extortion with other men, and they were acknowledged to have been in England, as they still are in Roman Catholic countries, the best and most indulgent landlords. The abbots and priors were permitted to give leases at an under-value, and to receive in return a large present from the tenant, in the same manner as is still practised by the bishops and colleges. But when the abbey lands were distributed among the principal nobility and courtiers, they fell under a different management: the rents of farms were raised, while the tenants found not the same facility in disposing of the produce; the money was often spent in the capital, and the farmers, living at a distance, were exposed to oppression from their new masters, or to the still greater rapacity of the stewards.

These grievances of the common people were at that time heightened by other causes. The arts of manufacture were much more advanced in other European countries than in England; and even in England these arts had made greater progress than the knowledge of agriculture; a profession which of all mechanical employments, requires the most reflection and experience. A great demand arose for wool both abroad and at home: pasturage was found more profitable than unskilful tillage: whole estates were laid waste by enclosures; the tenants, regarded as a useless burden, were expelled their habitations; even the cottagers, deprived of the commons on which they formerly fed their cattle, were reduced to misery; and a decay of people, as well as a diminution of the former plenty, was remarked in the kingdom.[*] This grievance was now of an old date, and Sir Thomas More, alluding to it, observes in his Utopia, that a sheep had become in England a more ravenous animal than a lion or wolf, and devoured whole villages, cities, and provinces.

* Strype, vol. ii. Repository, Q.

The general increase, also, of gold and silver in Europe, after the discovery of the West Indies, had a tendency to inflame these complaints. The growing demand in the more commercial countries had heightened every where the price of commodities, which could easily be transported thither; but in England, the labor of men, who could not so easily change their habitation, still remained nearly at the ancient rates, and the poor complained that they could no longer gain a subsistence by their industry. It was by an addition alone of toil and application they were enabled to procure a maintenance; and though this increase of industry was at last the effect of the present situation, and an effect beneficial to society, yet was it difficult for the people to shake off their former habits of indolence; and nothing but necessity could compel them to such an exertion of their faculties.

It must also be remarked, that the profusion of Henry VIII. had reduced him, notwithstanding his rapacity, to such difficulties, that he had been obliged to remedy a present necessity by the pernicious expedient of debasing the coin; and the wars in which the protector had been involved, had induced him to carry still further the same abuse. The usual consequences ensued: the good specie was hoarded or exported; base metal was coined at home, or imported from abroad in great abundance; the common people, who received their wages in it, could not purchase commodities at the usual rates: a universal diffidence and stagnation of commerce took place; and loud complaints were heard in every part of England.

The protector, who loved popularity, and pitied the condition of the people, encouraged these complaints by his endeavors to redress them. He appointed a commission for making inquiry concerning enclosures; and issued a proclamation, ordering all late enclosures to be laid open by a day appointed. The populace, meeting with such countenance from government, began to rise in several places, and to commit disorders; but were quieted by remonstrances and persuasion. In order to give them greater satisfaction, Somerset appointed new commissioners, whom he sent every where, with an unlimited power to hear and determine all causes about enclosures, highways, and cottages.[*] As this commission was disagreeable to the gentry and nobility, they stigmatized it as arbitrary and illegal; and the common people, fearing it would be eluded, and being impatient for immediate redress, could no longer contain their fury, but sought for a remedy by force of arms. The rising began at once in several parts of England, as if a universal conspiracy had been formed by the commonalty. The rebels in Wiltshire were dispersed by Sir William Herbert: those in' the neighboring counties, Oxford and Glocester, by Lord Gray, of Wilton. Many of the rioters were killed in the field: others were executed by martial law. The commotions in Hampshire, Sussex, Kent, and other counties, were quieted by gentler expedients; but the disorders in Devonshire and Norfolk threatened more dangerous consequences.

* Burnet, vol. ii. p. 115. Strype, vol. ii. p. 171.

The commonalty in Devonshire began with the usual complaints against enclosures and against oppressions from the gentry; but the parish priest of Sampford Courtenay had the address to give their discontent a direction towards religion; and the delicacy of the subject, in the present emergency, made the insurrection immediately appear formidable. In other counties, the gentry had kept closely united with government; but here many of them took part with the populace among others, Humphrey Arundel, governor of St. Michael's Mount. The rioters were brought into the form of a regular army, which amounted to the number of ten thousand. Lord Russel had been sent against them at the head of a small force; but finding himself too weak to encounter them in the field, he kept at a distance, and began to negotiate with them; in hopes of eluding their fury by delay, and of dispersing them by the difficulty of their subsisting in a body. Their demands were, that the mass should be restored, half of the abbey lands resumed, the law of the six articles executed, holy water and holy bread respected, and all other particular grievances redressed.[*] The council, to whom Russet transmitted these demands, sent a haughty answer; commanded the rebels to disperse, and promised them pardon upon their immediate submission. Enraged at this disappointment, they marched to Exeter, carrying before them crosses, banners, holy water, candlesticks, and other implements of ancient superstition; together with the host, which they covered with a canopy.[**] The citizens of Exeter shut their gates; and the rebels, as they had no cannon, endeavored to take the place, first by scalade, then by mining; but were repulsed in every attempt. Russel meanwhile lay at Honiton, till reenforced by Sir William Herbert and Lord Gray with some German horse, and some Italian arquebusiers under Battista Spinola. He then resolved to attempt the relief of Exeter, which was now reduced to extremities. He attacked the rebels, drove them from all their posts, did great execution upon them, both in the action and pursuit,[***] and took many prisoners. Arundel and the other leaders were sent to London, tried, and executed. Many of the inferior sort were put to death by martial law:[****] the vicar of St. Thomas, one of the principal incendiaries, was hanged on the top of his own steeple, arrayed in his Popish weeds, with his beads at his girdle.[v]

* Hayward, p. 292. Holingshed, p. 1003. Fox, vol. ii, p. Euro61[** Unreadable in the OCR Scan] Mem. Cranm. p. 186.

** Heylin, p. 76.

*** Stowe's Annals. p. 597. Hayward, p. 295.

**** Hayward, p. 295, 296.

v Heylin, p. 76. Holingshed, p 1026.

The insurrection in Norfolk rose to a still greater height, and was attended with greater acts of violence. The populace were at first excited, as in other places, by complaints against enclosures; but finding their numbers amount to twenty thousand, they grew insolent, and proceeded to more exorbitant pretensions. They required the suppression of the gentry, the placing of new counsellors about the king, and the reestablishment of the ancient rites. One Ket, a tanner, had assumed the government over them; and he exercised his authority with the utmost arrogance and outrage. Having taken possession of Moushold Hill near Norwich, he erected his tribunal under an old oak, thence called the oak of reformation; and summoning the gentry to appear before him, he gave such decrees as might be expected from his character and situation. The marquis of Northampton was first ordered against him; but met with a repulse in an action, where Lord Sheffield was killed.[*] The protector affected popularity, and cared not to appear in person against the rebels; he therefore sent the earl of Warwick at the head of six thousand men, levied for the wars against Scotland; and he thereby afforded his mortal enemy an opportunity of increasing his reputation and character. Warwick, having tried some skirmishes with the rebels, at last made a general attack upon them, and put them to flight. Two thousand fell in the action and pursuit: Ket was hanged at Norwich Castle, nine of his followers on the boughs of the oak of reformation; and the insurrection was entirely suppressed. Some rebels in Yorkshire, learning the fate of their companions, accepted the offers of pardon, and threw down their arms. A general indemnity was soon after published by the protector.[**]

* Stowe, p. 597. Holingshed, p. 1030-34. Strype, vol. ii. p. 174.

** Hayward, p. 297, 298, 299.

But though the insurrections were thus quickly subdued in England, and no traces of them seemed to remain, they were attended with bad consequences to the foreign interests of the nation. The forces of the earl of Warwick, which might have made a great impression on Scotland, were diverted from that enterprise; and the French general had leisure to reduce that country to some settlement and composure. He took the fortress of Broughty, and put the garrison to the sword. He straitened the English at Haddington; and though Lord Dacres was enabled to throw relief into the place, and to reenforce the garrison, it was found at last very chargeable, and even impracticable, to keep possession of that fortress. The whole country in the neighborhood was laid waste by the inroads both of the Scots and English, and could afford no supply to the garrison: the place lay above thirty miles from the borders; so that a regular army was necessary to escort any provisions thither: and as the plague had broken out among the troops, they perished daily, and were reduced to a state of great weakness. For these reasons, orders were given to dismantle Haddington, and to convey the artillery and garrison to Berwick; and the earl of Rutland, now created warden of the east marches, executed the orders.

The king of France also took advantage of the distractions among the English, and made an attempt to recover Boulogne and that territory which Henry VIII. had conquered from France, On other pretences, he assembled an army, and falling suddenly upon the Boulonnois, took the castles of Sellaque, Blackness, and Ambleteuse, though well supplied with garrisons, ammunition, and provisions.[*] He endeavored to surprise Boulenberg, and was repulsed; but the garrison, not thinking the place tenable after the loss of the other fortresses, destroyed the works, and retired to Boulogne. The rains, which fell in great abundance during the autumn, and a pestilential distemper which broke out in the French camp, deprived Henry of all hopes of success against Boulogne itself; and he retired to Paris.[**] He left the command of the army to Gaspar de Coligny, lord of Chatillon, so famous afterwards by the name of Admiral Coligny; and he gave him orders to form the siege early in the spring. The active disposition of this general engaged him to make, during the winter, several attempts against the place; but they all proved unsuccessful.

Strozzi, who commanded the French fleet and galleys, endeavored to make a descent on Jersey; but meeting there with an English fleet, he commenced an action, which seems not to have been decisive, since the historians of the two nations differ in their account of the event.[***]

* Thuanus, lib. vi. c. 6.

** Hayward, p. 300.

*** Thuan. King Edward's Journal. Stowe, p. 597.

As soon as the French war broke out, the protector endeavored to fortify himself with the alliance of the emperor; and he sent over Secretary Paget to Brussels, where Charles then kept court, in order to assist Sir Philip Hobby, the resident ambassador, in this negotiation. But that prince had formed a design of extending his dominions by acting the part of champion for the Catholic religion; and though extremely desirous of accepting the English alliance against France, his capital enemy, he thought it unsuitable to his other pretensions to enter into strict confederacy with a nation which had broken off all connections with the church of Rome. He therefore declined the advances of friendship from England, and eluded the applications of the ambassadors. An exact account is preserved of this negotiation in a letter of Hobby's; and it is remarkable, that the emperor, in a conversation with the English ministers, asserted, that the prerogatives of a king of England were more extensive than those of a king of France.[*] Burnet, who preserves this letter, subjoins, as a parallel instance, that one objection which the Scots made to marrying their queen with Edward was, that all their privileges would be swallowed up by the great prerogative of the kings of England.[**]

Somerset, despairing of assistance from the emperor, was inclined to conclude a peace with France and Scotland; and besides that he was not in a condition to maintain such ruinous wars, he thought that there no longer remained any object of hostility. The Scots had sent away their queen; and could not, if ever so much inclined, complete the marriage contracted with Edward; and as Henry VIII. had stipulated to restore Boulogne in 1554, it seemed a matter of small moment to anticipate a few years the execution of the treaty. But when he proposed these reasons to the council, he met with strong opposition from his enemies; who, seeing him unable to support the war, were determined, for that very reason, to oppose all proposals for a pacification. The factions ran high in the court of England; and matters were drawing to an issue fatal to the authority of the protector.

After Somerset obtained the patent investing him with regal authority, he no longer paid any attention to the opinion of the other executors and counsellors; and being elated with his high dignity, as well as with his victory at Pinkey, he thought that every one ought, in every thing, to yield to his sentiments. All those who were not entirely devoted to him were sure to be neglected; whoever opposed his will received marks of anger or contempt;[***] and while he showed a resolution to govern every thing, his capacity appeared not in any respect proportioned to his ambition. Warwick, more subtle and artful, covered more exorbitant views under fairer appearances, and having associated himself with Southampton, who had been readmitted into the council, he formed a strong party who were determined to free themselves from the slavery imposed on them by the protector.

* Burnet, vol. ii. p. 132, 175.

** Burnet, vol. ii. p. 133.

*** Strype, vol ii. p. 181.

The malecontent counsellors found the disposition of the nation favorable to their designs. The nobility and gentry were in general displeased with the preference which Somerset seemed to have given to the people; and as they ascribed all the insults to which they had been lately exposed to his procrastination, and to the countenance shown to the multitude, they apprehended a renewal of the same disorders from his present affectation of popularity. He had erected a court of requests in his own house for the relief of the people,[*] and he interposed with the judges in their behalf; a measure which might be deemed illegal, if any exertion of prerogative at that time could with certainty deserve that appellation. And this attempt, which was a stretch of power, seemed the more impolitic, because it disgusted the nobles, the surest support of monarchical authority.

* Strype, vol. ii. p. 183.

But though Somerset courted the people, the interest which he had formed with them was in no degree answerable to his expectations. The Catholic party who retained influence with the lower ranks, were his declared enemies, and took advantage of every opportunity to decry his conduct. The attainder and execution of his brother bore an odious aspect: the introduction of foreign troops into the kingdom was represented in invidious colors: the great estate which he had suddenly acquired at the expense of the church and of the crown, rendered him obnoxious; and the palace which he was building in the Strand, served by its magnificence, and still more by other circumstances which attended it, to expose him to the censure of the public. The parish church of St. Mary, with three bishops' houses, was pulled down, in order to furnish ground and materials for this structure: not content with that sacrilege, an attempt was made to demolish St. Margaret's Westminster, and to employ the stones to the same purpose but the parishioners rose in a tumult, and chased away the protector's tradesmen. He then laid his hands on a chapel in St. Paul's churchyard, with a cloister and charnel-house belonging to it; and these edifices, together with a church of St. John of Jerusalem, were made use of to raise his palace. What rendered the matter more odious to the people was, that the tombs and other monuments of the dead wore defaced; and the bones, being carried away, were buried in unconsecrated ground.[*]

All these imprudences were remarked by Somerset's enemies, who resolved to take advantage of them. Lord St. John president of the council, the earls of Warwick, Southampton and Arundel, with five members more, met at Ely House and, assuming to themselves the whole power of the council, began to act independently of the protector, whom they represented as the author of every public grievance and misfortune. They wrote letters to the chief nobility and gentry in England, informing them of the present measures, and requiring their assistance: they sent for the mayor and aldermen of London, and enjoined them to obey their orders, without regard to any contrary orders which they might receive from the duke of Somerset. They laid the same injunctions on the lieutenant of the Tower, who expressed his resolution to comply with them. Next day, Rich, lord chancellor, the marquis of Northampton, the earl of Shrewsbury, Sir Thomas Cheney, Sir John Gage, Sir Ralph Sadler, and Chief Justice Montague, joined the malecontent counsellors; and every thing bore a bad aspect for the protector's authority. Secretary Petre, whom he had sent to treat with the council, rather chose to remain with them: the common council of the city, being applied to, declared with one voice their approbation of the new measures, and their resolution of supporting them.[**]

* Heylin, p. 72, 73. Stowe's Survey of London. Hayward, p.308.

** Stowe, p. 597, 598. Holingshed, p. 1057.

As soon as the protector heard of the defection of the counsellors, he removed the king from Hampton Court, where he then resided, to the Castle of Windsor; and arming his friends and servants, seemed resolute to defend himself against all his enemies. But finding that no man of rank, except Cranmer and Paget, adhered to him, that the people did not rise at his summons, that the city and Tower had declared against him, that even his best friends had deserted him, he lost all hopes of success, and began to apply to his enemies for pardon and forgiveness. No sooner was this despondency known, than Lord Russell, Sir John Baker, speaker of the house of commons, and three counsellors more, who had hitherto remained neuters, joined the party of Warwick, whom every one now regarded as master. The council informed the public, by proclamation, of their actions and intentions; they wrote to the princesses Mary and Elizabeth to the same purpose; and they made addresses to the king, in which, after the humblest protestations of duty and submission, they informed him that they were the council appointed by his father for the government of the kingdom during his minority; that they had chosen the duke of Somerset protector, under the express condition that he should guide himself by their advice and direction; that he had usurped the whole authority, and had neglected, and even in every thing opposed, their counsel; that he had proceeded to that height of presumption, as to levy forces against them and place these forces about his majesty's person: they therefore begged that they might be admitted to his royal presence, that he would be pleased to restore them to his confidence, and that Somerset's servants might be dismissed. Their request was complied with: Somerset capitulated only for gentle treatment, which was promised him. He was, however, sent to the Tower,[*] with some of his friends and partisans, among whom was Cecil, afterwards so much distinguished. Articles of indictment were exhibited against him;[**] of which the chief, at least the best founded, is his usurpation of the government, and his taking into his own hands the whole administration of affairs. The clause of his patent, which invested him with absolute power, unlimited by any law, was never objected to him; plainly because, according to the sentiments of those times, that power was in some degree involved in the very idea of regal authority.

* Stowe, p. 600.

** Burner, vol. ii. book i. coll. 46. Hayward, p. 308. Stowe, p. 601 Holingshed, p. 1059.

The Catholics were extremely elated with this revolution; and as they had ascribed all the late innovations to Somerset's authority, they hoped that his fall would prepare the way for the return of the ancient religion. But Warwick, who now bore chief sway in the council, was entirely indifferent with regard to all these points of controversy; and finding that the principles of the reformation had sunk deeper into Edward's mind than to be easily eradicated, he was determined to comply with the young prince's inclinations, and not to hazard his new-acquired power by any dangerous enterprise. He took care very early to express his intentions of supporting the reformation; and he threw such discouragements on Southampton, who stood at the head of the Romanists, and whom he considered as a dangerous rival, that that high-spirited nobleman retired from the council, and soon after died from vexation and disappointment. The other counsellors, who had concurred in the revolution, received their reward by promotions and new honors. Russel was created earl of Bedford: the marquis of Northampton obtained the office of great chamberlain; and Lord Wentworth, besides the office of chamberlain of the household, got two large manors, Stepney and Hackney, which were torn from the see of London.[*] A council of regency was formed; not that which Henry's will had appointed for the government of the kingdom, and which, being founded on an act of parliament, was the only legal one, but composed chiefly of members who had formerly been appointed by Somerset, and who derived their seat from an authority which was now declared usurped and illegal. But such niceties were, during that age, little understood, and still less regarded, in England.

A session of parliament was held; and as it was the usual maxim of that assembly to acquiesce in every administration which was established, the council dreaded no opposition from that quarter, and had more reason to look for a corroboration of their authority. Somerset had been prevailed on to confess, on his knees, before the council, all the articles of charge against him; and he imputed these misdemeanors to his own rashness, folly, and indiscretion, not to any malignity of intention.[**] He even subscribed this confession; and the paper was given in to parliament, who, after sending a committee to examine him, and hear him acknowledge it to be genuine, passed a vote, by which they deprived him of all his offices, and fined him two thousand pounds a year in land. Lord St. John was created treasurer in his place, and Warwick earl marshal. The prosecution against him was carried no further. His fine was remitted by the king: he recovered his liberty: and Warwick, thinking that he was now sufficiently humbled, and that his authority was much lessened by his late tame and abject behavior, readmitted him into the council, and even agreed to an alliance between their families, by the marriage of his own son, Lord Dudley, with the Lady Jane Seymour, daughter of Somerset.[***]

* Heylin, p. 85. Rymer, tom. xv. p. 226.

** Heylin, p. 84. Hayward, p. 309. Stowe, p. 603.

*** Hayward, p. 309 * 3 and 4 Edward VI. c. 5.

During this session, a severe law was passed against riots.[*] It was enacted, that if any, to the number of twelve persons, should meet together for any matter of state, and being required by a lawful magistrate, should not disperse, it should be treason; and if any broke hedges, or violently pulled up pales about enclosures, without lawful authority, it should be felony: any attempt to kill a privy counsellor was subjected to the same penalty. The bishops had made an application, complaining that they were deprived of all their power by the encroachments of the civil courts, and the present suspension of the canon law; that they could summon no offender before them, punish no vice, or exert the discipline of the church; from which diminution of their authority, they pretended, immorality had every where received great encouragement and increase. The design of some was to revive the penitentiary rules of the primitive church; but others thought, that such an authority committed to the bishops would prove more oppressive than confession, penance, and all the clerical inventions of the Romish superstition. The parliament, for the present, contented themselves with empowering the king to appoint thirty-two commissioners to compile a body of canon laws, which were to be valid, though never ratified by parliament. Such implicit trust did they repose in the crown, without reflecting that all their liberties and properties might be affected by these canons.[**] The king did not live to affix the royal sanction to the new canons. Sir John Sharington, whose crimes and malversations had appeared so egregious at the condemnation of Lord Seymour, obtained from parliament a reversal of his attainder. This man sought favor with the more zealous reformers; and Bishop Latimer affirmed that, though formerly he had been a most notorious knave, he was now so penitent that he had become a very honest man.

* 3 and 4 Edward VI. c. 2.

** 3 and 4 Edward VI. c. 13.

{1550.} When Warwick and the council of regency began to exercise their power, they found themselves involved in the same difficulties that had embarrassed the protector. The wars with France and Scotland could not be supported by an exhausted exchequer; seemed dangerous to a divided nation; and were now acknowledged not to have any object which even the greatest and most uninterrupted success could attain. The project of peace entertained by Somerset had served them as a pretence for clamor against his administration; yet, after sending Sir Thomas Cheney to the emperor, and making again a fruitless effort to engage him in the protection of Boulogne, they found themselves obliged to listen to the advances which Henry made them, by the canal of Guidotti, a Florentine merchant. The earl of Bedford, Sir John Mason, Paget, and Petre, were sent over to Boulogne, with full powers to negotiate. The French king absolutely refused to pay the two millions of crowns, which his predecessor had acknowledged to be due to the crown of England as arrears of pensions; and said, that he never would consent to render himself tributary to any prince: but he offered a sum for the immediate restitution of Boulogne; and four hundred thousand crowns were at last agreed on, one half to be paid immediately, the other in August following. Six hostages were given for the performance of this article. Scotland was comprehended in the treaty: the English stipulated to restore Lauder and Dunglas, and to demolish the fortresses of Roxburgh and Eymouth.[*] No sooner was peace concluded with France, than a project was entertained of a close alliance with that kingdom; and Henry willingly embraced a proposal so suitable both to his interests and his inclinations. An agreement some time after was formed for a marriage between Edward and Elizabeth, a daughter of France; and all the articles were, after a little negotiation, fully settled:[**] but this project never took effect.

* Burnet, vol. ii. p. 148. Hayward, p. 310, 811, 312. Rymer, vol. xv. p. 211.

** Hayward, p. 318. Heylin, p. 104. Rymer, tom. xv. p. 293.

The intention of marrying the king to a daughter of Henry, a violent persecutor of the Protestants, was nowise acceptable to that party in England: but in all other respects the council was steady in promoting the reformation, and in enforcing the laws against the Romanists. Several prelates were still addicted to that communion; and though they made some compliances, in order to save their bishoprics, they retarded, as much as they safely could, the execution of the new laws, and gave countenance to such incumbents as were negligent or refractory. A resolution was therefore taken to seek pretences for depriving those prelates; and the execution of this intention was the more easy, as they had all of them been obliged to take commissions, in which it was declared, that they held their sees during the king's pleasure only. It was thought proper to begin with Gardiner, in order to strike a terror into the rest. The method of proceeding against him was violent, and had scarcely any color of law or justice. Injunctions had been given him to inculcate in a sermon the duty of obedience to a king, even during his minority; and because he had neglected this topic, he had been thrown into prison, and had been there detained during two years, without being accused of any crime except disobedience to this arbitrary command. The duke of Somerset, Secretary Petre, and some others of the council, were now sent, in order to try his temper, and endeavor to find some grounds for depriving him: he professed to them his intention of conforming to the government, of supporting the king's laws, and of officiating by the new liturgy. This was not the disposition which they expected or desired.[*] A new deputation was therefore sent, who carried him several articles to subscribe. He was required to acknowledge his former misbehavior, and to confess the justice of his confinement: he was likewise to own, that the king was supreme head of the church; that the power of making and dispensing with holydays was part of the prerogative; that the book of common prayer was a godly and commendable form; that the king was a complete sovereign in his minority; that the law of the six articles was justly repealed; and that the king had full authority to correct and reform what was amiss in ecclesiastical discipline, government, or doctrine. The bishop was willing to set his hand to all the articles except the first: he maintained his conduct to have been inoffensive; and declared, that he would not own himself guilty of faults which he had never committed.[**]

* Heylin, p. 99.

** Collier, vol. ii. p, 305., from the council books. Heylin, p. 99.

The council, finding that he had gone such lengths, were determined to prevent his full compliance by multiplying the difficulties upon him, and sending him new articles to subscribe. A list was selected of such points as they thought would be the hardest of digestion; and, not content with this rigor, they also insisted on his submission, and his acknowledgment of past errors. To make this subscription more mortifying, they demanded a promise, that he would recommend and publish all these articles from the pulpit: but Gardiner, who saw that they intended either to ruin or dishonor him, or perhaps both, determined not to gratify his enemies by any further compliance: he still maintained his innocence; desired a fair trial; and refused to subscribe more articles till he should recover his liberty. For this pretended offence his bishopric was put under sequestration for three months; and as he then appeared no more compliant than before, a commission was appointed to try, or, more properly speaking, to condemn him.

{1551.} The commissioners were, the primate, the bishops of London, Ely, and Lincoln, Secretary Petre, Sir James Hales, and some other lawyers. Gardiner objected to the legality of the commission, which was not founded on any statute or precedent; and he appealed from the commissioners to the king. His appeal was not regarded: sentence was pronounced against him; he was deprived of his bishopric, and committed to close custody; his books and papers were seized; he was secluded from all company; and it was not allowed him either to send or receive any letters or messages.[*]

Gardiner, as well as the other prelates, had agreed to hold his office during the king's pleasure: but the council, unwilling to make use of a concession which had been so illegally and arbitrarily extorted, chose rather to employ some forms of justice; a resolution which led them to commit still greater iniquities and severities. But the violence of the reformers did not stop here. Day, bishop of Chichester, Heathe of Worcester, and Voisey of Exeter, were deprived of their bishoprics, on pretence of disobedience. Even Kitchen of Landaff, Capon of Salisbury, and Samson of Coventry, though they had complied in every thing, yet, not being supposed cordial in their obedience, were obliged to seek protection, by sacrificing the most considerable revenues of their see to the rapacious courtiers.[**]

These plunderers neglected not even smaller profits. An order was issued by council for purging the library at Westminster of all missals, legends, and other superstitious volumes, and delivering their garniture to Sir Anthony Aucher.[***]

* Fox, vol. ii..p. 734, et seq. Burnet. Heylin. Collier.

** Goodwin de Praesul. Angl Heylin. p. 100.

*** Collier, vol. ii. p. 307.

Many of these books were plated with gold and silver, and curiously embossed; and this finery was probably the superstition that condemned them. Great havoc was likewise made on the libraries at Oxford. Books and manuscripts were destroyed without distinction: the volumes of divinity from the council books, suffered for their rich binding: those of literature were condemned as useless: those of geometry and astronomy were supposed to contain nothing but necromancy.[*] The university had not power to oppose these barbarous violences: they were in danger of losing their own revenues; and expected every moment to be swallowed up by the earl of Warwick and his associates.

Though every one besides yielded to the authority of the council, the lady Mary could never be brought to compliance; and she still continued to adhere to the mass, and to reject the new liturgy. Her behavior was, during some time, connived at; but at last her two chaplains, Mallet and Berkeley, were thrown into prison;[**] and remonstrances were made to the princess herself on account of her disobedience. The council wrote her a letter, by which they endeavored to make her change her sentiments, and to persuade her that her religious faith was very ill grounded. They asked her what warrant there was in Scripture for prayers in an unknown tongue, the use of images, or offering up the sacrament for the dead; and they desired her to peruse St. Austin, and the other ancient doctors, who would convince her of the errors of the Romish superstition, and prove that it was founded merely on false miracles and lying stories.[***] The lady Mary remained obstinate against all this advice, and declared herself willing to endure death rather than relinquish her religion; she only feared, she said, that she was not worthy to suffer martyrdom in so holy a cause: and as for Protestant books, she thanked God, that as she never had, so she hoped never to read any of them. Dreading further violence, she endeavored to make an escape to her kinsman Charles; but her design was discovered and prevented.[****] The emperor remonstrated in her behalf, and even threatened hostilities if liberty of conscience were refused her: but though the council, sensible that the kingdom was in no condition to support with honor such a war, was desirous to comply, they found great difficulty to overcome the scruples of the young king. He had been educated in such a violent abhorrence of the mass and other popish rites, which he regarded as impious and idolatrous, that he should participate, he thought, in the sin, if he allowed its commission: and when at last the importunity of Cranmer, Ridley, and Poinet prevailed somewhat over his opposition, he burst into tears; lamenting his sister's obstinacy, and bewailing his own hard fate, that he must suffer her to continue in such an abominable mode of worship.

* Wood, Hist. and Antiq. Oxon. lib. i. p. 271, 272.

** Strype, vol. ii. p. 249.

*** Fox, vol. ii. Collier, Burnet.

**** Hayward, p. 315.

The great object, at this time, of antipathy among the Protestant sects was Popery, or, more properly, speaking, the Papists. These they regarded as the common enemy, who threatened every moment to overwhelm the evangelical faith, and destroy its partisans by fire and sword: they had not as yet had leisure to attend to the other minute differences among themselves, which afterwards became the object of such furious quarrels and animosities, and threw the whole kingdom into combustion. Several Lutheran divines, who had reputation in those days, Bucer, Peter Martyr, and others, were induced to take shelter in England, from the persecutions which the emperor exercised in Germany; and they received protection and encouragement. John Alasco, a Polish nobleman, being expelled his country by the rigors of the Catholics, settled during some time at Embden in East Friezland, where he became preacher to a congregation of the reformed. Foreseeing the persecutions which ensued, he removed to England, and brought his congregation along with him. The council, who regard them as industrious, useful people, and desired to invite over others of the same character, not only gave them the church of Augustine Friars for the exercise of their religion, but granted them a charter, by which they were erected into a corporation, consisting of a superintendent and four assisting ministers. This ecclesiastical establishment was quite independent of the church of England, and differed from it in some rites and ceremonies.[*]

These differences among the Protestants were matter of triumph to the Catholics; who insisted, that the moment men departed from the authority of the church, they lost all criterion of truth and falsehood in matters of religion, and must be carried away by every wind of doctrine. The continual variations of every sect of Protestants afforded them the same topic of reasoning. The book of common prayer suffered in England a new revisal, and some rites and ceremonies which had given offence were omitted.[**] * Mem. Cranm. p. 234.

** Mem. Cieum. p, 289.

The speculative doctrines, or the metaphysics of religion, were also reduced to forty-two articles. These were intended to obviate further divisions and variations; and the compiling of them had been postponed till the establishment of the liturgy, which was justly regarded as a more material object to the people. The eternity of hell torments is asserted in this confession of faith; and care is also taken to inculcate, not only that no heathen, how virtuous soever, can escape an endless state of the most exquisite misery, but also that every one who presumes to maintain that any pagan can possibly be saved, is himself exposed to the penalty of eternal perdition.[*]

* Article xviii.

The theological zeal of the council, though seemingly fervent, went not so far as to make them neglect their own temporal concerns, which seem to have ever been uppermost in their thoughts: they even found leisure to attend to the public interest; nay, to the commerce of the nation, which was at that time very little the object of general study or attention. The trade of England had anciently been carried on altogether by foreigners, chiefly the inhabitants of the Hanse Towns, or Easterlings, as they were called; and in order to encourage these merchants to settle in England, they had been erected into a corporation by Henry III., had obtained a patent, were endowed with privileges, and were exempted from several heavy duties paid by other aliens. So ignorant were the English of commerce, that this company, usually denominated the merchants of the "stil-yard," engrossed, even down to the reign of Edward, almost the whole foreign trade of the kingdom; and as they naturally employed the shipping of their own country, the navigation of England was also in a very languishing condition. It was therefore thought proper by the council to seek pretences for annulling the privileges of this corporation, privileges which put them nearly on an equal footing with Englishmen in the duties which they paid; and as such patents were, during that age, granted by the absolute power of the king, men were the less surprised to find them revoked by the same authority. Several remonstrances were made against this innovation by Lubec, Hamburgh, and other Hanse Towns; but the council persevered in their resolution, and the good effects of it soon became visible to the nation. The English merchants, by their very situation as natives, had advantages above foreigners in the purchase of cloth, wool, and other commodities; though these advantages had not hitherto been sufficient to rouse then industry, or engage them to become rivals to this opulent company: but when aliens' duty was also imposed upon all foreigners indiscriminately, the English were tempted to enter into commerce; and a spirit of industry began to appear in the kingdom.[*]

About the same time a treaty was made with Gustavus Ericson, king of Sweden, by which it was stipulated, that if he sent bullion into England, he might export English commodities without paying custom; that he should carry bullion to no other prince; that if he sent ozimus, steel, copper, etc., he should pay custom for English commodities as an Englishman; and that if he sent other merchandise, he should have free intercourse, paying custom as a stranger.[**] The bullion sent over by Sweden, though it could not be in great quantity, set the mint to work: good specie was coined, and much of the base metal formerly issued was recalled: a circumstance which tended extremely to the encouragement of commerce.

* Hayward, p. 323 Heylin, p. 108. Strype's Mem. vol. ii. p 295.

** Heylin p 109.

But all these schemes for promoting industry were likely to prove abortive by the fear of domestic convulsions, arising from the ambition of Warwick. That nobleman, not contented with the station which he had attained, carried further his pretensions, and had gained partisans who were disposed to second him in every enterprise. The last earl of Northumberland died without issue; and as Sir Thomas Piercy, his brother, had been attainted on account of the share which he had in the Yorkshire insurrection during the late reign, the title was at present extinct, and the estate was vested in the crown. Warwick now procured to himself a grant of those ample possessions, which lay chiefly in the north, the most warlike part of the kingdom; and was dignified with the title of duke of Northumberland. His friend Paulet, Lord St. John, the treasurer, was created, first, earl of Wiltshire, then marquis of Winchester: Sir William Herbert obtained the title of earl of Pembroke.

But the ambition of Northumberland made him regard all increase of possessions and titles, either to himself or his artisans, as steps only to further acquisitions. Finding that Somerset, though degraded from his dignity, and even lessened in the public opinion by his spiritless conduct, still enjoyed a considerable share of popularity, he determined to ruin the man whom he regarded as the chief obstacle to the attainment of his hopes. The alliance which had been contracted between the families had produced no cordial union, and only enabled Northumberland to compass with more certainty the destruction of his rival. He secretly gained many of the friends and servants of that unhappy nobleman: he sometimes terrified him by the appearance of danger; sometimes provoked him by ill usage. The unguarded Somerset often broke out into menacing expressions against Northumberland: at other times he formed rash projects, which he immediately abandoned his treacherous confidants carried to his enemy every passionate word which dropped from him: they revealed the schemes which they themselves had first suggested: and Northumberland, thinking that the proper season was now come, began to act in an open manner against him.

In one night, the duke of Somerset, Lord Grey, David and John Seymour, Hammond, and Neudigate, two of the duke's servants, Sir Ralph Vane, and Sir Thomas Palmer, were arrested and committed to custody. Next day, the duchess of Somerset, with her favorites Crane and his wife, Sir Miles Partridge, Sir Michael Stanhope, Bannister, and others, was thrown into prison. Sir Thomas Palmer, who had all along acted as a spy upon Somerset, accused him of having formed a design to raise an insurrection in the north, to attack the gens d'armes on a muster day, to secure the Tower, and to raise a rebellion in London: but, what was the only probable accusation, he asserted, that Somerset had once laid a project for murdering Northumberland, Northampton, and Pembroke at a banquet which was to be given them by Lord Paget Crane and his wife confirmed Palmer's testimony with regard to this last design; and it appears that some rash scheme of that nature had really been mentioned, though no regular conspiracy had been formed, or means prepared for its execution Hammond confessed that the duke had armed men to guard him one night in his house at Greenwich.

Somerset was brought to his trial before the marquis of Winchester, created high steward. Twenty-seven peers composed the jury, among whom were Northumberland, Pembroke, and Northampton, whom decency should have hindered from acting as judges in the trial of a man that appeared to be their capital enemy. Somerset was accused of high treason, on account of the projected insurrections, and of felony in laying a design to murder privy counsellors.

We have a very imperfect account of all state trials during that ago, which is a sensible defect in our history; but it appears that some more regularity was observed in the management of this prosecution than had usually been employed in like cases. The witnesses were at least examined by the privy council; and though they were neither produced in court, nor confronted with the prisoner, (circumstances required by the strict principles of equity,) their depositions were given in to the jury. The proof seems to have been lame with regard to the treasonable part of the charge; and Somerset's defence was so satisfactory, that the peers gave verdict in his favor: the intention alone of assaulting the privy counsellors was supported by tolerable evidence; and the jury brought him in guilty of felony. The prisoner himself confessed that he had expressed his intention of murdering Northumberland and the other lords; but had not formed any resolution on that head: and when he received sentence, he asked pardon of those peers for the designs which he had hearkened to against them. The people, by whom Somerset was beloved, hearing the first part of his sentence, by which he was acquitted from treason, expressed their joy by loud acclamations: but their satisfaction was suddenly damped on finding that he was condemned to death for felony.[*]

{1552.} Care had been taken by Northumberland's emissaries to prepossess the young king against his uncle; and lest he should relent, no access was given to any of Somerset's friends, and the prince was kept from reflection by a continued series of occupations and amusements. At last the prisoner was brought to the scaffold on Tower Hill, amidst great crowds of spectators, who bore him such sincere kindness, that they entertained to the last moment the fond hopes of his pardon.[**] Many of them rushed in to dip their hand-kerchiefs in his blood, which they long preserved as a precious relic; and some of them soon after, when Northumberland met with a like doom, upbraided him with this cruelty, and displayed to him these symbols of his crime. Somerset indeed, though many actions of his life were exceptionable, seems in general to have merited a better fate; and the faults which he committed were owing to weakness, not to any bad intention. His virtues were better calculated for private than for public life; and by his want of penetration and firmness, he was ill fitted to extricate himself from those cabals and violences to which that age was so much addicted. Sir Thomas Arundel, Sir Michael Stanhope, Sir Miles Partridge, and Sir Ralph Vane, all of them Somerset's friends, were brought to their trial, condemned, and executed: great injustice seems to have been used in their prosecution.

* Hayward, p. 320, 321, 322. Stowe, p. 606. Holingshed, p. 1067.

** Hayward p. 324, 325.

Lord Paget, chancellor of the duchy, was on some pretence tried in the star chamber, and condemned in a fine of six thousand pounds, with the loss of his office. To mortify him the more, he was degraded from the order of the garter; as unworthy, on account of his mean birth, to share that honor.[*] Lord Rich, chancellor, was also compelled to resign his office, on the discovery of some marks of friendship which he had shown to Somerset.

The day after the execution of Somerset, a session of parliament was held, in which further advances were made towards the establishment of the reformation. The new liturgy was authorized; and penalties were enacted against all those who absented themselves from public worship.[**] To use the mass had already been prohibited under severe penalties; so that the reformers, it appears, whatever scope they had given to their own private judgment, in disputing the tenets of the ancient religion, were resolved not to allow the same privilege to others, and the practice, nay the very doctrine of toleration, was at that time equally unknown to all sects and parties. To dissent from the religion of the magistrate, was universally conceived to be as criminal as to question his title, or rebel against his authority.

A law was enacted against usury; that is, against taking any interest for money.[***] This act was the remains of ancient superstition; but being found extremely iniquitous in itself, as well as prejudicial to commerce, it was afterwards repealed in the twelfth of Elizabeth. The common rate of interest, notwithstanding the law, was at this time fourteen per cent.[****]

* Stowe, p. 608.

** 5 and 6 Edward VI. cap. 1

*** 5 and 6 Edward VI. cap. 20.

**** Hayward, p. 318.

A bill was introduced by the ministry into the house of lords, renewing those rigorous statutes of treason which had been abrogated in the beginning of this reign; and though the peers, by their high station, stood most exposed to these tempests of state, yet had they so little regard to public security, or even to their own true interest, that they passed the bill with only one dissenting voice.[*] But the commons rejected it, and prepared a new bill, that passed into a law, by which it was enacted, that whoever should call the king, or any of his heirs named in the statute of the thirty-fifth of the last reign, heretic, schismatic, tyrant, infidel, or usurper of the crown, should forfeit, for the first offence, their goods and chattels, and be imprisoned during pleasure; for the second, should incur a "praemunire;" for the third, should be attainted for treason. But if any should unadvisedly utter such a slander in writing, printing, painting, carving, or graving, he was, for the first offence, to be held a traitor.[**] It may be worthy of notice, that the king and his next heir, the lady Mary, were professedly of different religions; and religions which threw on each other the imputation of heresy, schism, idolatry, profaneness, blasphemy, wickedness, and all the opprobrious epithets that religious zeal has invented. It was almost impossible, therefore, for the people, if they spoke at all on these subjects, not to fall into the crime so severely punished by the statute; and the jealousy of the commons for liberty, though it led them to reject the bill of treasons sent to them by the lords, appears not to have been very active, vigilant, or clearsighted.

* Parl. Hist. vol. iii. p. 258. Burnet, vol. ii. p. 190.

** 5 and 6 Edward VI. cap. 2.

The commons annexed to this bill a clause, which was of more importance than the bill itself, that no one should be convicted of any kind of treason, unless the crime were proved by the oaths of two witnesses, confronted with the prisoner. The lords for some time scrupled to pass this clause, though conformable to the most obvious principles of equity. But the members of that house trusted for protection to their present personal interest and power, and neglected the noblest and most permanent security, that of laws.

The house of peers passed a bill, whose object was, making a provision for the poor; but the commons, not choosing that a money bill should begin in the upper house, framed a new act to the same purpose. By this act the churchwardens were empowered to collect charitable contributions; and if any refused to give, or dissuaded others from that charity the bishop of the diocese was empowered to proceed against them. Such large discretionary powers intrusted to the prelates seem as proper an object of jealousy as the authority assumed by the peers.[*]

There was another occasion in which the parliament reposed an unusual confidence in the bishops. They empowered them to proceed against such as neglected the Sundays and holy-day.[**] But these were unguarded concessions granted to the church: the general humor of the age rather led men to bereave the ecclesiastics of all power, and even to pillage them of their property: many clergymen, about this time, were obliged for a subsistence to turn carpenters or tailors, and some kept alehouses.[***] The bishops themselves were generally reduced to poverty, and held both their revenues and spiritual office by a very precarious and uncertain tenure.

* 5 and 6 Edward VI. cap. 2.

** 5 and 6 Edward VI. cap, 3.

*** Burnet, vol ii. p. 202.

Tonstal, bishop of Durham, was one of the most eminent prelates of that age, still less for the dignity of his see, than for his own personal merit, his learning, moderation, humanity, and beneficence. He had opposed, by his vote and authority, all innovations in religion; but as soon as they were enacted, he had always submitted, and had conformed to every theological system which had been established. His known probity had made this compliance be ascribed, not to an interested or time-serving spirit, but to a sense of duty, which led him to think that all private opinion ought to be sacrificed to the great concern of public peace and tranquillity. The general regard paid to his character had protected him from any severe treatment during the administration of Somerset; but when Northumberland gained the ascendant, he was thrown into prison; and as that rapacious nobleman had formed a design of seizing the revenues of the see of Durham, and of acquiring to himself a principality in the northern counties, he was resolved, in order to effect his purpose, to deprive Tonstal of his bishopric. A bill of attainder, therefore, on pretence of misprision of treason, was introduced into the house of peers against the prelate; and it passed with the opposition only of Lord Stourton, a zealous Catholic, and of Cranmer, who always bore a cordial and sincere friendship to the bishop of Durham. But when the bill was sent down to the commons, they required that witnesses should be examined, that Tonstal should be allowed to defend himself, and that he should be confronted with his accusers; and when these demands were refused, they rejected the bill.

This equity, so unusual in the parliament during that age, was ascribed, by Northumberland and his partisans, not to any regard for liberty and justice, but to the prevalence of Somerset's faction in a house of commons which, being chosen during the administration of that nobleman, had been almost entirely filled with his creatures. They were confirmed in this opinion, when they found that a bill, ratifying the attainder of Somerset and his accomplices, was also rejected by the commons, though it had passed the upper house. A resolution was therefore taken to dissolve the parliament, which had sitten during this whole reign; and soon after to summon a new one.

Northumberland, in order to insure to himself a house of commons entirely obsequious to his will, ventured on an expedient which could not have been practised, or even imagined, in an age when there was any idea or comprehension of liberty. He engaged the king to write circular letters to all the sheriffs, in which he enjoined them to inform the freeholders, that they were required to choose men of knowledge and experience for their representatives. After this general exhortation, the king continued in these words: "And yet, nevertheless, our pleasure is, that where our privy council, or any of them, shall, in our behalf, recommend within their jurisdiction men of learning and wisdom; in such cases their directions shall be regarded and followed, as tending to the same end which we desire; that is, to have this assembly composed of the persons in our realm the best fitted to give advice and good counsel."[*] Several letters were sent from the king, recommending members to particular counties; Sir Richard Cotton to Hampshire; Sir William Fitzwilliams and Sir Henry Nevil to Berkshire; Sir William Drury and Sir Henry Benningfield to Suffolk, etc. But though some counties only received this species of conge d'elire from the king; the recommendations from the privy council and the counsellors, we may fairly presume, would extend to the greater part, if not the whole, of the kingdom.