but also glad of death. Besides this, he uttered his words so distinctly, and with so loud and cleare a voice that the people were astonished thereat, and noted it for a miraculous thing, to heare so plain and audible a voice come from so weak and sickly an old body; for the youngest man in that presence, being in good and perfect health, could not have spoken to be better heard and perceived, than he was. Then after these few words by him uttered he kneeled down on both his knees, and said certain prayers, among which one was the hymn of Te Deum laudamus, to the end, and the psalin of In te, Domine, speravi. Then came the executioner, and bound a handkerchief about his eyes; and so this holy father lifting up his

hands and heart towards heaven, said a few prayers, which were not long, but fervent, and devout which being ended, he laid his head down on the middle of a little block, where the executioner being ready with a sharp and heavy ax cut asunder bis slender neck at one blow, which bled so abundantly, that many wondered to see so much blood issue out of so slender and leane a body. He was beheaded June 22, 1535, in the 80th year of his age. Lord Herbert says that "the Pope (Paul 3rd) sent him a cardinal's bat, but unseasonably, his head being off." There is a story, that when Henry heard of the Pope's intention to send him a hat, he exclaimed, Fore God, then, he shall wear it on his shoulders, for I'll have his head off."

32. The Trial of WILLIAM Lord DACRES of the North, for High Treason, in the Court of the Lord High Steward: 27 Henry VIII. A D. 1535. [Hall and Lord Herbert's Hen. VIII.]

SO

["This Trial is taken notice of in most of the Treason, where the duke of Norfolke sate as old Chronicles, and also in one of the Har-judge and high steward of England. The sayd leian manuscripts; but Hall's is the book, lorde Dacres beyng brought to the barre with from which the others transcribe. We there- the axe of the Tower before him, after his infore present our readers with an extract ditement red, not only improved the sayd inditefrom him, to which we add one from lord ment as false and maliciously devised against Herbert's Henry the 8th, as the latter is more him, and answered every part and matter herin explanatory. But both accounts are contained, but also so manly, wittily, and dishort, that we fear they will be deemed too rectly confuted his accusors, whiche there were trivial for insertion. Against such a censure, ready to avouche their accusacions, that to we have only to say, that it is the fact of lord their great shames, and to his great honor, he Dacres's acquittal, which was our chief in- was found that day by his peres not giltie, ducement for admitting the mention of this whiche undoubtedly the commons excedyngly Trial into the collection. In ancient times, joyed and rejoysed of, insomuche as there was more especially in the reign of Henry 8th, in the hall at those woordes, Not giltie,' the when, from the devastation made by the greatest shoute and crye of joy that the like civil wars amongst the ancient nobility, and no man livyng may remembre that ever he other causes disturbing the balance of the heard. constitution, the influence of the crown was become exorbitant, and seems to have been in its zenith, to be accused of a crime against the state and to be convicted were almost the same thing. The one was usually so certain a consequence of the other, that, exclusively of lord Dacres's Case in the reign of Henry 8th, and that of sir Nicholas Throckmorton in his daughter Mary's, the examples to the contrary are very rare. But those which do occur ought to be remembered in justice to the times they belong to, as a sort of balance for the reproach deservedly cast upon them, for the culpable facility of condemnation so conspicuous in most other instances." Hargrave.]

Extract from Hull's Hen. VIII. p. 225. THE nynth day of July was the lorde Dacres of the north arreigned at Westminster of High

Extract from lord Herbert's Henry VIII. in 2 Kenn. Compl. Hist. p. 177.

The lord Dacres of the north (July 9, as our historians have it) was arraigned at Westminster of High Treason, but as the principal witnesses produced against him by his accusers (sir Ralph Fenwick and one Musgrave) were some mean and provoked Scottish men, so his peers acquitted him, as believing they not only spoke maliciously, but might be easily suborned against him, as one who (having been warden of the Marches) by frequent inroads had done much harm in that country. And thus escaped that lord to his no little honour, and his judges, as giving example thereby how persons of great quality, brought to their trial, are not so necessarily condemned, but that they sometimes may escape, when they obtain an equal hearing.

33. The Trials of Queen ANNA BOLEYN, and her Brother lord viscount ROCHFORD, for High Treason, in the Court of the Lord High Steward; and also of HENRY NORRIS, MARK SMETON, WILLIAM BRERETON, and Sir FRANCIS WESTON, before Commissioners of Oyer and Terminer, for the same Offence: 28 Hen. VIII. A. D. 1536. [Harleian MS. 1 Burnet's Reform. 196. 1 Strype's Memorials, 279.]

The earliest account we have of these pro- | ceedings is in Hall's Chronicle; but, except the queen's Speech at her death, it scarce mentions more, than that she and the rest were arrested, accused, tried, and executed. Hall's Hen. 8. fo. 227. b. Grafton copies verbatim from Hall, except omitting this circumstance, that the king the day after her death wore white for mourning. Graft. 1228. Fox, in his Martyrology, is chiefly occupied in vindicating the queen's virtue, and defending the succession to the crown through her. 2 Fox Martyr. ed. 1610. p. 987. In Hol-ready speaker, did so answeare to all obiections, lingshead, the account is more full than Hall. 3 Hollingsh, 940. Stow, who follows next, chiefly borrows from Hollingshead. Stow's Chron. Howe's ed. 572. Some additional circumstances are noticed by Speed. Speed's Chron. 1014. Lord Herbert is still more particular in his narrative. Herbert's Hen. 8. in 2. Kenn. Compl. Hist. 193. There is also a short account of this Trial amongst the Harleian Manuscripts at the British Museum, which seems to have been compiled out of the printed chronicles. But the most copious relations of this singular transaction, are in Heylin and Burnet; more especially the latter, who was aided not only by some original Letters, but by two other cotemporary manuscripts of great authority, one being a Common-Place-Book of judge Spelman, the other an account by Anthony Anthony, a surveyor of the ordnance of the Tower. Heyl. Reformat. 263. 1. Burn. Reform. After Burnet's book, our learned annalist Strype, favoured the world with some additional matter. 1 Strype's Memor. 279. What we shall lay before the reader, will consist, first of the Harleian Manuscript, secondly of Extracts from Burnet, and thirdly of an Extract from Strype; which together will, as we apprehend, nearly comprize every circumstance deserving of notice throughout the whole affair." Hargrave.]

lefte, the earle of Surrey, sonne of the duke of Norfolke, sittinge directly before his father, a degree lower, as earle marshall of England, to whome were adjoyned 26 other peeres, and among them the queenes father (a), by whome shee was to be tryed. The king's Commission beinge read, the accusers gave in theire Evidence, and the Wittnesses were produced, the queene sittinge in her chaire made for her, (whether in regard of any infirmity, or out of honor permitted to the wife of the soveraigne) haveinge an excellent quick witt, and being a

Extract from Harleian Manuscript. THOMAS duke of Norfolke, lord high steward of England, att the Tryall of queene Anne Boleyn, who on the 15th day of May, in the 28th yeare of the raigne of kinge Henry the eight, was arraigned in the Tower of London, on a scaffold for that purpose made in the kings hall, the duke of Norfolke sittinge under the cloath of state, the lord chauncellor on his right hand, and the duke of Suffolke on his

that had the peeres given in theire Verdict accordinge to the expectacion of the assembly, shee had beene acquitted: but they (among whome the duke of Suffolke the kings brotherin-law was cheife, and wholy applyinge himselfe to the kings humor) pronounced her guilty; wherevpon the duke of Norfolke, bound to proceed accordinge to the Verdict of the peeres, condemned her to death, either by beinge burned in the Tower-Greene, or beheaded, as his majestie in his pleasure should thinke fitt.-The Sentence beinge denounced the court arose, and she was conveyed back againe to her chamber, the lady Boleyn her aunt, and the lady Kingston, wife to the constable of the Tower, only attendinge her.—And on the 19th of May, the queene was brought to the place of execucion in the Greene within the Tower, some of the nobility and company of the cittie beinge admitted rather to bee wittnesses then spectators of her death, to whome the queene (haveinge ascended the scaffold) spake on this

manner.

"Freinds and good Christian people, I am here in your presence to suffer death, whereto I acknowledge my selfe adjudged by the lawe, how iustly I will not say; I intend not an accusacion of any one. I beseech the Almighty to preserve his majestie longe to raigne over you, a more gentle or mild prince never swayed septer; his bounty and clemency towards mee I am sure hath beene speciall; if any one intend an inquisitiue survey of my actions, I intreate him to judge favourably of mee, and not rashly to admitt any censorious conceit. soe I bid the world farewell, beseeching you to commend mee in your prayers to God." (b)

And

(a) The queen's father was not one of her judges. See page 417, and the note there.

(b) Fox, 2 Acts and Monuments, p. 270. gives nearly the same speech.

This speech shee vttered with a smylinge, wife three years; but at this time he entercountenaunce; then kneelinge downe, with a tained a secret love for Jane Seimour, who had fervent spirit said: To Jesus Christ I com- all the charms both of beauty and youth in her mend my soule, Lord Jesu receaue my soule;' person; and her humour was tempered, beand repeatinge these words very often, sudden- tween the severe gravity of queen Katherine, ly the stroake of the sword sealed the debt that and the gay pleasantness of queen Ann. The shee owed vnto death.-Nowe the court of queen, perceiving this alienation of the kings England was like a stage, whereon are repre- heart, used all possible arts to recover that afsented the vicissitudes of ever various fortunes; fection, of whose decay she was sadly sensible. for within one and the same moneth, that saw But the success was quite contrary to what queene Anne florishinge, accused, condemned, she designed. For the king saw her no more executed, and another assumed into her place with those eyes, which she had formerly captiboth of bedd and honour. The first of May, vated; but grew jealous, and ascribed these yt seemeth, shee was informed against, the se- caresses to some other criminal affections, of cond imprisoned, the fifteenth condemned, the which he began to suspect her. This being seaventeenth deprived of her brother and one of the most memorable passages of this friends, who suffered in her cause, and the reign, I was at more than ordinary pains to nyneteenth executed. On the twentyeth the learn all I could concerning it, and have not kinge married Jane Seimour, who on the nyne only seen a great many letters that were writ and twentieth was publiquely shewed queene. by those that were set about the queen, and catcht every thing that fell from her, and sent Extract from 1 Burnet's Reformation, 196. it to court, but have also seen an account of it, In January, 1536, the queen brought forth a which the learned Spelman, who was a judge dead son. This was thought to have made ill at that time, writ with his own hand in his impressions on the king: and that, as he con- Common-Place book, and another account of cluded from the death of his sons by the former it writ by one Anthony Anthony a surveyor of queen, that the marriage was displeasing to the ordnance of the Tower. From all which I God, so he might upon this misfortune, begin shall give a just and faithful relation of it, withto make the like judgment of this marriage. out concealing the least circumstance, that may Sure enough the popish party were earnestly either seem favourable or unfavourable to her. set against the queen, looking on her as the great supporter of heresie. And at that time, Fox, then bishop of Hereford, was in Germany at Smalcald, treating a league with the protestant princes, who insisted much on the Augsburg confession. There were many conferences between Fox and Dr. Barnes, and some others, with the Lutheran divines, for accommodating the differences between them, and the thing was in a good forwardness. All which was imputed to the queen. Gardiner was then ambassador in France, and wrote earnestly to the king, to dissuade him from entering into any religus league with these princes: for that would alienate all the world from him, and dispose his own subjects to rebel. The king thought the German princes and divines should have submitted all things to his judgment, and had such an opinion of his own learning, and was so puft up with the flattering praises that he daily heard, that he grew impatient of any opposition, and thought that his dictates should pass for oracles. And because the Germans would not receive them so, his mind was alienated from them-But the duke of Norfolk at court, and Gardiner beyond sea, thought there might easily be found a mean to accomodate the king, both with the emperor and the pope, if the queen were once out of the way; for then he might freely marry any one whom he pleased, and that marriage, with the male issue of it, could not be disputed: whereas, as long as the queen lived, her marriage, as being judged null from the beginning, could never be allowed by the court of Rome, or any of that party. With these reasons of state, others of affection concurred. The queen had been his

She was of a very cheerful temper, which was not always limited within the bounds of exact decency and discretion. She had rallied some of the kings servants more than became her. Her brother, the lord Rochford, was her friend as well as brother; but his spiteful wife was jealous of him: and being a woman of no sort of vertue, (as will appear afterwards by her serving queen Katherine Howard in her beastly practices, for which she was attainted and executed,) she carried many stories to the king, or some about him, to persuade, that there was a familiarity between the queen and her brother, beyond what so near a relation could justifie. All that could be said for it, was only this: that he was once seen leaning upon her bed, which bred great suspition. Henry Norris, that was groom of the stole, Weston, and Brereton, that were of the kings privy-chamber, and one Mark Smeton, a musician, were all observed to have much of her favour; and their zeal in serving her was thought too warm and diligent to flow from a less active principle than love. Many circumstances were brought to the king, which working upon his aversion to the queen, together with his affection to mistress Seimour, made him conclude her guilty. Yet somewhat which himself observed, or fancied, at a tilting at Greenwich, is believed to have given the crisis to her ruin. It is said, that he spied her let her handkerchief fall to one of her gallants to wipe his face, being hot after a course. Whether she dropt it carelessly, or of design; or whether there be any truth in that story, the letters concerning her fall making no mention of it, I cannot determine; for Spelman makes no mention of it, and gives a very

The surprize and confusion she was in, raised fits of the mother, which those about her did not seen to understand: but three or four letters, which were writ concerning her to court, say, that she was at some times very devout, and cried much; and of a sudden would burst out in laughter, which are evident signs of vapours. When she heard that those who were accused with her, were sent to the Tower, she then concluded herself lost; and said, she should be sent thither next; and talked idlely, saying, That if her bishops were about the king, they would all speak for her. She also said, that she would be a saint in heaven, for she had done many good deeds; and that there should be no rain, but heavy judgments on the land, for what they were now doing to her.' Her enegnies had now gone too far, not to destroy her. Next day she was carryed to the Tower, and some lords, that met her on the river, declared to her what her offences were. Upon which, she made deep protestations of her innocence, and begged leave to see the king; but that was not to be expected. When she was carried into the Tower, She fell down on her knees, and prayed God to help her, as she was not guilty of the thing for which she was accused." That same day the king wrote

was so sad; he said, it was no matter: she answered, You may not look to have me speak to you, as if you were a nobleman, since you are an inferior person. No, no, madam,' said he, a look sufficeth me.' She seemed more apprehensive of Weston, than of any body. For on Whitsun Munday last he said to her, That Norris came more to her chamber upon her account, than for any body else that was there. She had observed that he loved a kinswoman of hers, and challenged him for it, and for not loving his wife. But he answered her, that there were women in the house, whom he loved better than them both; she asked who is that; yourself, said he; upon which, she said, she defied him.'

ceed after your graces will and pleasure, nor less procuring his glory and honour; then I suppose your grace did never any thing more acceptable unto him, since your first governance of this your realm. And moreover, your grace shall give unto him occasion to ' multiply and encrease his graces and benefits unto your highness, as he did unto his most faithful servant Job; unto whom, after his 'great calamities and heaviness, for his obedient heart, and willing acceptation of Gods scourge and rod, Addidit ei Dominus cuncta duplicia. And if it be true, that is openly reported of the queens grace, if men had a right estimation of things, they should not 'esteem any part of your graces honour to be touched thereby, but her honour only to be clearly disparaged. And I am in such a perplexity, that my mind is clean amazed. For I never had better opinion in woman, than I had in her; which maketh me to think, that she should not be culpable. And again, I think your highness would not have gon so far, except she had surely been culpable. Now I think that your grace best knoweth, that next unto your grace, I was most bound unto her of all creatures living. Wherefore I

This misery of the queens drew after it the common effects that follow persons under such a disgrace; for now all the court was against her, and every one was courting the rising queen. But Cranmer had not learned these arts, and had a better soul in him, than to be capable of such baseness and ingratitude. He had been much obliged by her, and had conceived an high opinion of her, and so could not easily receive ill impressions of her; yet he knew the kings temper, and that a downright justification of her would provoke him: there-most humbly beseech your grace, to suffer me fore he wrote the following Letter, on the 3d of May, with all the softness that so tender a point required; in which he justified her as far as was consistent with prudence and charity. The letter shows of what a constitution he waspable and innocent. And if she be found that wrote it; and contains so many things that tend highly to her honour, that I shall insert it here, as I copied it from the original.

in that which both Gods law, nature, and also 'her kindness, bindeth me unto; that is, that I may with your graces favour wish and pray for her, that she may declare her self incul

culpable, considering your graces goodness towards her, and from what condition your grace of your only meer goodness took her, and set the crown upon her head; I repute him not your graces faithful servant and subject, nor true unto the realm, that would not desire the offence without mercy to be pu nished, to the example of all other. And as I loved her not a little, for the love which I

Pleaseth it your most noble grace, to be advertised, that at your graces commandment by Mr. Secretary his letters, written in your graces name, I came to Lambeth yesterday, and do there remain to know your graces further pleasure. And forsomuch as without your graces commandment, I dare not con-judged her to bear towards God and his gos

pel; so if she be proved culpable, there is not one that loveth God and his gospel, that ever will favour her, but must hate her above all other; and the more they favour the gospel, the more they will hate her: for then there was never creature in our time that so much 'slandered the gospel. And God hath sent her this punishment, for that she feignedly hath professed his gospel in her mouth, and not in heart and deed. And though she have

trary to the contents of the said Letters, pre< sume to come unto your graces presence; nevertheless, of my most bounden duty, I can 'do no less than most humbly to desire your grace, by your great wisdom, and by the as'sistance of Gods help, somewhat to suppress 'the deep sorrows of your graces heart, and to 'take all adversities of Gods hands both pa'tiently and thankfully. I cannot deny, but y t your grace bath great causes many ways of lament⚫able heaviness: also that in the wrongful esti-offended so, that she hath deserved never to "mation of the world, your graces honour of every part is so highly touched, whether the things that commonly be spoken of, be true or not, that I remember not that ever Almighty God sent unto your grace, any like occasion to try your graces constancy throughout, whether your highness can be content to take off Gods hands, as well things displeasant, as pleasant. And if he find in your most noble heart such an obedience unto his will, that " your grace, without murmuration and over'much heaviness, do accept all adversities, not less thanking him, than when all things suc

be reconciled unto your graces favour; yet Almighty God hath manifoldly declared his goodness your grace, and never offended you. But your grace, I am sure, knowledgeth that you have offended him. Wherefore I trust 'that your grace will bear no less entire favour unto the truth of the gospel, than you did be fore: forsomuch as your graces favour to the gospel, was not led by affection unto her, but by zeal unto the truth. And thus I beseech Almighty God, whose gospel he hath ordained your grace to be defender of, ever to preserve your grace from all evil, and give you at the