1553. AN. DOM. the like transpositions in the realm of Scotland, in Hungary, Naples, and elsewhere: enough to shew that nothing had been done in this great transaction which was not to be precedented in other places. Upon all which considerations, it was thought most agreeable to the rules of polity, that the King, by letters patent under the Great Seal of England, should so dispose of the possession of the Crown (with such remainders and reversions, as to him seemed best) as might prevent such inconveniencies and emergent mischiefs as might otherwise happen: which could not better be effected, than by setting the crown on the head of the Lady Jane—a lady of royal blood, born in the realm, brought up in the religion now by law established, married already to a person of desert and honour; and such an one in whom all those graces were concentrated which were sufficient to adorn all the rest of her sex. 11. These reasons being thus prepared, the next care was, to have the instrument so contrived in due form of law, that nothing might be wanting in the style and legalities of it which might make it any way obnoxious to disputes and questions. For the doing whereof, it was thought necessary to call in the assistance of some of the Judges, and others of his Majesty's Council learned in the laws of this realm; by whose authority it might be thought more passable amongst the people. Of all which rank, none were thought fitter to be taken into the consultation than Sir Edward Montague2: not only as Chief Justice of the Common Pleas, and very well experienced in his own profession, but because, he being one of the executors of the King deceased, his concurrence with the rest of the Council seemed the more considerable. A letter is therefore sent unto him on the eleventh of June, subscribed by the Lord Treasurer3, the Duke of Northumberland, the Earls of Shrewsbury, Bedford, and Pembroke, the Lord Admiral Clinton, the Lord Darcie, Sir John Gates1, 1 Edd. 1, 2. "Thus." 2 The authority for the account here given, is a narrative drawn up by Montague himself, and communicated by his great-grandson, Lord Montague of Boughton, to Fuller, who printed it in his Ch. Hist. iv. 137-146. 3 Paulet, Marquess of Winchester. 1553. Sir William Petre, Sir William Cecil, and Sir John Cheek. AN. DOM. By the tenor whereof he was commanded to attend upon their Lordships the next day, in the afternoon, and to bring with him Sir John Baker, Chancellor of the Firstfruits and Tenths, Master Justice Bromeley, together with the Attorneyand Solicitor-General. Being brought into the King's presence, at the time appointed, whom they found attended by the Lord Treasurer and some others of those who had subscribed the former letter: the King declared himself with a weak voice to this effect: viz. That "He had considered in his sickness, of the estate of his realm; which if it should descend on the Lady Mary, who was then unmarried, it might so happen that she might marry a stranger born, whereby not only the laws of the realm might be changed and altered, but all his own proceedings in religion might be also reversed ; 53 that it was his pleasure, therefore, that the crown should descend after his decease unto such persons, and in such form, as was contained in certain Articles then ready to be shewed unto them, to be by them digested and disposed of in due form of law." 12. These Articles when they had perused and considered of, they signified unto the King that they conceived them to be contrary to the Act of Succession, which, being made in Parliament, could not be frustrated or made ineffectual but by Parliaments only. Which answer notwithstanding, the King, without allowing further time or deliberation, commanded them to take the Articles along with them, and give the business a dispatch with all speed as might be. But finding greater difficulties in it than had appeared unto their Lordships, they made a report unto them at their next attendance, that they had considered of the King's Articles and the Act of Succession; whereby it appeared manifestly, that, if they should make any book concerning the King's commandment, they should not only be in danger of treason, but their Lordships also. The sum of which report being certified to the Duke of Northumberland (who, though absent, was not out of call), he came in great rage and fury to the Council-chamber, called the Chief Justice traitor, affirmed that he would fight in his shirt in that quarrel against any man living, and behaved himself in such an outrageous manner as put both Montague and Justice Bromeley 1553. AN. DOM. in a very great fear that he would have struck them1. Called to the Court again, by a letter of the fourteenth of the same month, they found the King more earnest in it than he was before; requiring them, with a sharp voice and a displeased countenance, to dispatch the book, according to the Articles delivered to them; and telling them that he would have a Parliament shortly to confirm the same. When nothing else would serve the turn, answer was made, that his commandment should be obeyed; upon condition that they might be commissionated so to do by his Majesty's warrant, under the Great Seal of England, and have a general pardon for it when the deed was done. 13. Not daring longer to resist, and having made as good provision as they could for their own indemnity, they betook themselves unto the work, digested it in form of law, caused it to be engrossed in parchment, and so dispatched it for the Seal to the Lord Chancellor Goodrick, sufficiently prepared beforehand not to stick upon it. But then appeared another difficulty amongst the Lords of the Council: some of which, not well satisfied with these proceedings, appeared as backward in subscribing to the instrument, before it went unto the Seal, as the great lawyers had done at the first, in being brought to the employment. But such was the authority which Dudley and his party had gained amongst them, that some for fear, and some for favour, did subscribe at last :-a zeal to the reformed religion prevailing in it upon some; a doubt of losing their church-lands more powerfully over-swaying others; and all in fear of getting the displeasure of that mighty tyrant, who by his power and practices carried all before him. The last that stood it out was Archbishop Cranmer. Who, being sent for to the Court, when all the Lords of the Council and most of the Judges of the realm had subscribed the instrument, refused to put his hand unto it, or to consent to the disherison of the late 1 It was not the first time that Montague had been terrified by the "vultus instantis tyranni." The story is well known, how, when he was Speaker of the House of Commons, and a difficulty was made about granting a supply, Henry VIII. sent for him, and "laying his hand on Montague's head, who was then on his knees before him, he said, 'Get my bill passed by to-morrow, or else to-morrow this head of your's shall be off.""-Hume, iv. 397. T 154 1553. King's daughters. After much reasoning of the case, he re- AN. Doм. quires a longer time of deliberation; consults about it with some of the most learned lawyers, and is finally sent for by the King: who, having fully set his heart upon the business, did use so many reasons to him in behalf of religion, and plied him with such strong persuasions in pursuance of them, that at the last he suffered himself to be overcome by his importunities, and so subscribed it with the rest1. Only Sir James Hales, one of the Justices of the Common Pleas, carried the honour of a resolute and constant man-not only from those of his own rank, but even from all the Lords of the Council, and almost all the peers of the realm to boot; who, being a man observed to be both religious and upright, did very worthily refuse to subscribe, and was afterwards as unworthily requited by Queen Mary for it2. 14. Yet, notwithstanding all these rubs, the project was driven on so fast by the hasty Duke, that by the one and twentieth of June, the letters patent were made ready to pass the Seal; which was about a fortnight before the death of 1 Godwin, Ann. 165; Strype, Cranm. ii. 420-2, Ed. Eccl. Hist. Soc. The instrument is printed in Strype's Appendix, No. 68. 2 Hayward, 326*. "In the meanwhile [at the beginning of Mary's reign] many men were forward in erecting of altars and masses in churches. And such as would stick to the laws made in King Edward's time, till others should be established, some of them were marked, and some presently apprehended; among whom Sir James Hales, a Knight of Kent and Justice of the Common Pleas, was one; who, notwithstanding he had ventured his life in Queen Mary's cause, in that he would not subscribe to the disinheriting of her by the King's Will, yet for that he did, at a Quarter-sessions, give charge upon the Statutes made in the time of King Henry the Eighth and Edward the Sixth, for the Supremacy and Religion, he was imprisoned in the Marshalsea Compter and Fleet, and so cruelly handled and put in fear, by talk that the Warden of the Fleet used to have in his hearing, of such torments as were in preparing for heretics, or for what other cause God knoweth-that he sought to rid himself out of this life, by wounding himself with a knife, and afterward was contented to say as they willed him: whereupon he was discharged. But, after that, he never rested till he had drowned himself in a river, half a mile from his house in Kent."-Fox, vi. 394-5. Comp. vi. 710-717, where the story of Judge Hales is more fully told. Hasted states that at the time of his suicide he was on a visit to his nephew at Thanington, near Canterbury. Hist. of Kent, iii. 584. 1553. AN. DOM. the King. During which interval, he had another game to play: which was the getting into his power the Princess Mary; whom, of all others, he most feared, as the most likely person to destroy his whole contrivance. For well he knew that, Proceedings for establishing her as Queen. if she stood upon her right, as no doubt she would, she was not only sure of a strong party in the realm, who still remained in good affections to the Church of Rome; but that her party here would be backed and countenanced by her alliances abroad, who could not but prefer and support her interess against all pretenders. He therefore must make sure of her, or else account all void and frustrate which was done already. And, that he might make sure of her, he so prevailed that letters were directed to her, in the King's name, from the Lords of the Council-willing her forthwith to resort to the King; as well to be a comfort to him in his sickness, as to see all matters well ordered about him'. The Lady, suspecting no lurking mischief, addressed herself with all speed to the journey; expressing great joy, that either her company or her service should be esteemed needful to the King. But as she was upon the way, and within half a day's journey of the Court, she received advice both of the King's desperate estate and of the Duke's designs against her: whereupon she returned in haste to her house at Hunsdon2, where in a very short time she heard the sad news of her brother's death; who died upon the sixth of July, as before was said. Which being the same day of the month on which King Henry had taken off the head of Sir Thomas More3, for his adhesion to the Pope, the interess of Queen Katharine Dowager and the Princess Mary gave an occasion unto those of the Romish party to look upon it as a piece of Divine retribution, in taking away the life of his only son on the same day also. 15. Two days the death of the King was by special order kept so secret that it was known to very few about the Court. And it concerned them so to do: partly in expectation of the coming of the Princess Mary, whom they knew to be upon the way; and partly to make sure of the city of London, the favour and fidelity whereof was of great importance for the 1 Hayward, 327. 2 Edd. Heyl. "Hoveden." 3 Thuan. 1. xiii. c. 1. (Tom. 1. p. 439). |