Chapter XXXV: Edward VI (2)

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 “præmunire;” 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 congé d’élire 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.

* Strype’s Ecclesiastical Memorials, vol. ii. p. 394.

It is remarkable, that this attempt was made during the reign of a minor king, when the royal authority is usually weakest that it was patiently submitted to; and that it gave so little umbrage as scarcely to be taken notice of by any historian. The painful and laborious collector above cited, who never omits the most trivial matter, is the only person that has thought this memorable letter worthy of being transmitted to posterity.

{1553.} The parliament answered Northumberland’s expectations. As Tonstal had been in the interval deprived of his bishopric in an arbitrary manner, by the sentence of lay commissioners appointed to try him, the see of Durham was, by act of parliament, divided into two bishoprics, which had certain portions of the revenue assigned them. The regalities of the see, which included the jurisdiction of a count palatine, were given by the king to Northumberland; nor is it to be doubted but that noblemen had also purposed to make rich plunder of the revenue, as was then usual with the courtiers whenever a bishopric became vacant.

The commons gave the ministry another mark of attachment, which was at that time the most sincere of any, the most cordial, and the most difficult to be obtained: they granted a supply of two subsidies and two fifteenths. To render this present the more acceptable, they voted a preamble, containing a long accusation of Somerset, “for involving the king in wars, wasting his treasure, engaging him in much debt, embasing the coin, and giving occasion for a most terrible rebellion.”[*]

The debts of the crown were at this time considerable. The king had received from France four hundred thousand crowns on delivering Boulogne; he had reaped profit from the sale of some chantry lands; the churches had been spoiled of all their plate and rich ornaments, which, by a decree of council, without any pretence of law or equity, had been converted to the king’s use: [**] yet such had been the rapacity of the courtiers, that the crown owed about three hundred thousand pounds: and great dilapidations were at the same time made of the royal demesnes. The young prince showed, among other virtues, a disposition to frugality, which, had he lived, would soon have retrieved these losses; but as his health was declining very fast, the present emptiness of the exchequer was a sensible obstacle to the execution of those projects which the ambition of Northumberland had founded on the prospect of Edward’s approaching end.

* 7 Edward VI. cap. 12., Heylin, p. 95, 132.

** Strype’s Ecclesiastical Memorials, vol. ii. p. 344.

That nobleman represented to the prince, whom youth and an infirm state of health made susceptible of any impression, that his two sisters, Mary and Elizabeth, had both of them been declared illegitimate by act of parliament; and though Henry by his will had restored them to a place in the succession, the nation would never submit to see the throne of England filled by a bastard: that they were the king’s sisters by the half blood only; and even if they were legitimate, could not enjoy the crown as his heirs and successors: that the queen of Scots stood excluded by the late king’s will; and being an alien, had lost by law all right of inheriting; not to mention that, as she was betrothed to the dauphin, she would, by her succession, render England, as she had already done Scotland, a province to France: that the certain consequence of his sister Mary’s succession, or that of the queen of Scots was the abolition of the Protestant religion, and the repeal of the laws enacted in favor of the reformation, and the reëstabishment of the usurpation and idolatry of the church of Rome, that, fortunately for England, the same order of succession which justice required, was also the most conformable to public interest; and there was not on any side any just ground for doubt or deliberation: that when these three princesses were excluded by such solid reasons, the succession devolved on the marchioness of Dorset, elder daughter of the French queen and the duke of Suffolk: that the next heir of the marchioness was the lady Jane Gray, a lady of the most amiable character, accomplished by the best education, both in literature and religion, and every way worthy of a crown; and that even if her title by blood were doubtful, which there was no just reason to pretend, the king was possessed of the same power that his father enjoyed, and might leave her the crown by letters patent. These reasonings made impression on the young prince; and above all, his zealous attachment to the Protestant religion made him apprehend the consequences if so bigoted a Catholic as his sister Mary should succeed to the throne. And though he bore a tender affection to the lady Elizabeth, who was liable to no such objection means were found to persuade him that he could not exclude the one sister, on account of illegitimacy, without giving also an exclusion to the other.

Northumberland, finding that his arguments were likely to operate on the king, began to prepare the other parts of his scheme. Two sons of the duke of Suffolk by a second venter having died this season of the sweating sickness, that title was extinct; and Northumberland engaged the king to bestow it on the marquis of Dorset. By means of this favor, and of others which he conferred upon him, he persuaded the new duke of Suffolk and the duchess, to give their daughter, the lady Jane, in marriage to his fourth son, the Lord Guildford Dudley. In order to fortify himself by further alliances, he negotiated a marriage between the lady Catharine Gray, second daughter of Suffolk, and Lord Herbert, eldest son of the earl of Pembroke. He also married his own daughter to Lord Hastings, eldest son of the earl of Huntingdon.[*] These marriages were solemnized with great pomp and festivity; and the people, who hated Northumberland, could not forbear expressing their indignation at seeing such public demonstrations of joy during the languishing state of the young prince’s health.

* Heylin, p. 199. Stowe, p. 609.

Edward had been seized in the foregoing year, first with the measles, then with the small-pox; but having perfectly recovered from both these distempers, the nation entertained hopes that they would only serve to confirm his health; and he had afterwards made a progress through some parts of the kingdom. It was suspected that he had there overheated himself in exercise; he was seized with a cough, which proved obstinate, and gave way neither to regimen nor medicines: several fatal symptoms of consumption appeared; and though it was hoped that, as the season advanced, his youth and temperance might get the better of the malady, men saw with great concern his bloom and vigor insensibly decay. The general attachment to the young prince, joined to the hatred borne the Dudleys, made it be remarked, that Edward had every moment declined in health, from the time that Lord Robert Dudley had been put about him in quality of gentleman of the bedchamber.

The languishing state of Edward’s health made Northumberland the more intent on the execution of his project. He removed all, except his own emissaries, from about the king; he himself attended him with the greatest assiduity: he pretended the most anxious concern for his health and welfare; and by all these artifices he prevailed on the young prince to give his final consent to the settlement projected. Sir Edward Montague, chief justice of the common pleas, Sir John Baker and Sir Thomas Bromley, two judges, with the attorney and solicitor-general, were summoned to the council, where, after the minutes of the intended deed were read to them, the king required them to draw them up in the form of letters patent. They hesitated to obey, and desired time to consider of it. The more they reflected the greater danger they found in compliance. The settlement of the crown by Henry VIII. had been made in consequence of an act of parliament; and by another act, passed in the beginning of this reign, it was declared treason in any of the heirs, their aiders or abettors, to attempt on the right of another, or change the order of succession. The judges pleaded these reasons before the council. They urged, that such a patent as was intended would be entirely invalid; that it would subject, not only the judges who drew it, but every counsellor who signed it, to the pains of treason; and that the only proper expedient, both for giving sanction to the new settlement, and freeing its partisans from danger, was to summon a parliament, and to obtain the consent of that assembly. The king said, that he intended afterwards to follow that method, and would call a parliament in which he purposed to have his settlement ratified; but in the mean time he required the judges, on their allegiance, to draw the patent in the form required. The council told the judges, that their refusal would subject all of them to the pains of treason. Northumberland gave to Montague the appellation of traitor; and said that he would in his shirt fight any man in so just a cause as that of Lady Jane’s succession. The judges were reduced to great difficulties between the dangers from the law, and those which arose from the violence of present power and authority.[*]

* Fuller, book viii. p. 2.

The arguments were canvassed in several different meetings between the council and the judges, and no solution could be found of the difficulties. At last, Montague proposed an expedient, which satisfied both his brethren and the counsellors. He desired that a special commission should be passed by the king and council, requiring the judges to draw a patent for the new settlement of the crown; and that a pardon should immediately after be granted them for any offence which they might have incurred by their compliance. When the patent was drawn, and brought to the bishop of Ely, Chancellor, in order to have the great seal affixed to it, this prelate required that all the judges should previously sign it. Gosnald at first refused; and it was with much difficulty that he was prevailed on, by the violent menaces of Northumberland to comply; but the constancy of Sir James Hales, who, though a zealous Protestant, preferred justice on this occasion to the prejudices of his party, could not be shaken by any expedient. The chancellor next required, for his greater security, that all the privy counsellors should set their hands to the patent: the intrigues of Northumberland, or the fears of his violence, were so prevalent that the counsellors complied with this demand. Cranmer alone hesitated during some time, but at last yielded to the earnest and pathetic entreaties of the king.[*] Cecil, at that time secretary of state, pretended afterwards that he only signed as witness to the king’s subscription. And thus, by the king’s letters patent, the two princesses, Mary and Elizabeth, were set aside; and the crown was settled on the heirs of the duchess of Suffolk; for the duchess herself was content to give place to her daughters.

* Cranm. Mem. p. 295

After this settlement was made, with so many inauspicious circumstances, Edward visibly declined every day, and small hopes were entertained of his recovery. To make matters worse, his physicians were dismissed by Northumberland’s advice, and by an order of council; and he was put into the hands of an ignorant woman, who undertook in a little time to restore him to his former state of health. After the use of her medicines, all the bad symptoms increased to the most violent degree: he felt a difficulty of speech and breathing; his pulse failed, his legs swelled, his color became livid, and many other symptoms appeared of his approaching end. He expired at Greenwich, in the sixteenth year of his age, and the seventh of his reign.

All the English historians dwell with pleasure on the excellent qualities of this young prince; whom the flattering promises of hope, joined to many real virtues, had made an object of tender affection to the public. He possessed mildness of disposition, application to study and business, a capacity to learn and judge, and an attachment to equity and justice. He seems only to have contracted, from his education, and from the genius of the age in which he lived, too much of a narrow prepossession in matters of religion, which made him incline somewhat to bigotry and persecution: but as the bigotry of Protestants, less governed by priests, lies under more restraints than that of Catholics, the effects of this malignant quality were the less to be apprehended if a longer life had been granted to young Edward.