of the barren controverfies of the Schools, which CHA P. were then fashionable, and had chofen Thomas xXVII. Aquinas for his favorite author, he ftill difcover ed a capacity fitted for more useful and entertaining knowledge. 1509. Punishment and Dudley. THE frank and carelefs humor of the king, as it led him to diffipate the treasures, amaffed by his father, rendered him negligent in protecting the inftruments whom that prince had employed in his extortions. A proclamation being iffued to encourage complaints, the rage of the people was let loofe on all informers, who had fo long exercised an unbounded tyranny over the nation': They were thrown into prifon, condemned to the pillory, and most of them loft their lives by the violence of the populace. Empfon and Dudley, of Empfon who were most expofed to public hatred, were immediately fummoned before the council, in order to answer for their conduct, which had rendered them fo obnoxious. Empfon made a fhrewd apology for himself, as well as for his affociate. He told the council, that, fo far from his being justly expofed to cenfure for his paft conduct, his enemies themselves grounded their clamor on actions, which feemed rather to merit reward and approbation: That a ftrict execution of law was the crime, of which he and Dudley were accufed; though that law had been established by general confent, and though they had acted · Herbert, Stowe, p. 486. Hollingfhed, p. 799. Polyd. Virg. lib. 27. XXVII. CHAP. in obedience to the king, to whom the adminif tration of juftice was intrufted by the conftitution: 1509. That it belonged not to them, who were inftruments in the hands of fupreme power, to deter mine what laws were recent or obfolete, expedient or hurtful; fince they were all alike valid, fo long as they remained unrepealed by the legislature: That it was natural for a licentious populace to murmur against the restraints of authority; but all wife ftates had ever made their glory confift in the juft diftribution of rewards and punishments, and had annexed the former to the observance and enforcement of the laws, the latter to their violation and infraction: And that a fudden overthrow of all government might be expected, where the judges were committed to the mercy of the criminals, the rulers to that of the subjects". NOTWITHSTANDING this defence, Empfon and Dudley were fent to the Tower; and foon after brought to their trial. The ftrict execution of laws, however obfolete, could never be imputed to them as a crime in a court of judicature; and it is likely, that, even where they had exercised arbitrary power, the king, as they had acted by the fecret commands of his father, was not willing that their conduct should undergo too fevere a fcrutiny. In order, therefore, to gratify the people with the punishment of thefe obnoxious minifters, crimes very improbable, or indeed abfolutely impoffible, were charged upon them; Herbert, Hollingfhed, p. 804: XXVII. 1509. that they had entered into a confpiracy against cHA P. the fovereign, and had intended, on the death of the late king, to have feized by force the administration of government. The jury were fo far moved by popular prejudices, joined to court influence, as to give a verdict against them; which was afterwards confirmed by a bill of attainder in parliament, and, at the earneft defire of the people, was executed by warrant from the king. Thus, in those arbitrary times, justice was equally violated, whether the king fought power and riches, or courted popularity. HENRY, while he punifhed the inftruments of past tyranny, had yet fuch deference to former engagements as to deliberate, immediately after his acceffion, concerning the celebration of his marriage with the Infanta Catherine, to whom he had been affianced during his father's lifetime. Her former marriage with his brother, and the King's mar inequality of their years, were the chief objections, urged against his efpoufing her: But on the other hand, the advantages of her known virtue, mo This parliament inet on the 21ft January, 1510. A law was there enacted, in order to prevent fome abufes which had prevailed during the late reign. The forfeiture upon the penal ftatutes was reduced to the term of three years. Cofts and damages were given against informers upon acquittal of the accufed: More fevere punishments were enacted against perjury: The falfe inquifitions procured by Empfon and Dudley, were declared null and invalid. Traverfes were allowed; and the time of tendering them enlarged. 1 H. 8. c. 8. 10, II, 12. riage. 15-9, CHAг. defty, and sweetness of difpofition were infisted XXVII. on; the affection which fhe bore to the king; the large dowry to which fhe was entitled as princess of Wales; the interest of cementing a close alliance with Spain; the neceffity of finding fome confederate to counterbalance the power of France; the expediency of fulfilling the engagements of the late king. When thefe confiderations were weighed, they determined the council, though contrary to the opinion of the primate, to give Henry their advice for celebrating the marriage. The countefs of Richmond, who had concurred in the fame fentiments with the council, died foon after the marriage of her grandfon. 3d June fairs. THE popularity of Henry's government, hist undifputed title, his extenfive authority, his large treasures, the tranquillity of his fubjects, were circumstances which rendered his domestic admi Foreign af. niftration eafy and profperous: The fituation of foreign affairs was no lefs happy and defirable. Italy continued ftill, as during the late reign, to be the centre of all the wars and negociations of the European princes; and Henry's alliance was courted by all parties; at the same time, that he was not engaged by any immediate interest or neceffity to take part with any. Lewis XII. of France, after his conqueft of Milan, was the only great prince that poffeffed any territory in Italy; and could he have remained in tranquillity, he was enabled by his fituation to prescribe laws to all the Italian princes and republics, and to hold the balance among them. But the defire of 1509. making a conqueft of Naples, to which he had c A P. the fame title or pretenfions with his predeceffor, XXVII. ftill engaged him in new enterprises; and as he forefaw oppofition from Ferdinand, who was connected both by treaties and affinity with Frederic of Naples, he endeavoured, by the offers of intereft, to which the ears of that monarch were ever open, to engage him in an oppofite confederacy. He fettled with him a plan for the partition of the kingdom of Naples and the expulfion of Frederic: A plan, which the politicians of that age regarded as the most egregious imprudence in the French monarch, and the greatest perfidy in the Spanish. Frederic, fupported only by fubjects, who were either difcontented with his government, or indifferent about his fortunes, was unable to refist so powerful a confederacy, and was deprived of his dominions: But he had the fatisfaction to fee Naples imme diately prove the fource of contention among his enemies. Ferdinand gave fecret orders to his general, Gonfalvo, whom the Spaniards honor with the appellation of the great captain, to attack the armies of France, and make himself master of all the dominions of Naples. Gonfalvo prevailed in every enterprife, defeated the French in two pitched battles, and ensured to his prince the entire poffeffion of that kingdom. Lewis, unable to procure redrefs by force of arms, was obliged to enter into a fruitlefs negociation with Ferdinand for the recovery of his fhare of the partition; and all Italy, during fome time, was |