Letters and Papers 1541. 01 Dec 1541. R. O. 1395. Trial of Thomas Culpeper and Francis Dereham, for Treason.

File of documents in Baga de Secretis, Pouch XIII., Bundle 1 consisting of the following:—

1. Special commission for the trial of Culpeper and Derham, at the Guildhall of London, to Michael Dormer, mayor of London, lord Chancellor Audeley, the dukes of Norfolk and Suffolk, the earls of Southampton, Sussex, and Hertford, lords Russell and St. John, Sir Ant. Browne, Sir John Gage, Sir Ant. Wyngfeld, Sir Thomas Wriothesley, Sir Ralph Sadler, Sir Richard Ryche, Sir Edward Mountagu, Sir John Baldewyn, Sir Richard Lyster, Sir Walter [Luke], Edm. Mervyn, Sir William Shelley, Sir Thomas Willoughby, Sir Chr. Jenney, and Sir John Daunce. Westm., 30 Nov. 33 Henry VIII.

2. Yorkshire: Writ of venire to the sheriff for the return of a petty jury for the trial of Culpeper and Dereham before the special commissioners (named). Westm., 30 Nov. 33 Henry VIII.

3. Linc.: The like.

4. City of Lincoln: The like.

5. Midd.: The like.

6. Surr.: The like.

7. Kent: The like.

8. Justices' precept to the constable of the Tower to bring up Dereham and Culpeper at the Guildhall of London on 1 Dec. next. 30 Nov. 33 Henry VIII.

9. Yorks.: Writ of certiorari to Francis Earl of Shrewsbury, &c., for the return of indictments, &c., found in Yorkshire. Westm., 28 Nov. 33 Henry VIII.

Endd. as answered by Shrewsbury.

10. Yorks.: Indictment found at Doncaster, 24 Nov. 33 Henry VIII., before Shrewsbury and the others (named), by the grand jury (named), who find the annexed inquisition a true bill, viz.:—

That Catharine, Queen of England, formerly called Kath. Howerd, late of Lambyth, Surr., one of the daughters of lord Edmund Howard, before the marriage between the King and her, led an abominable, base, carnal, voluptuous, and vicious life, like a common harlot, with divers persons, as with Francis Derham of Lambeth and Henry Manak of Streteham, Surr., 20 and 24 May 32 Henry VIII., and at other times, maintaining however the outward appearance of chastity and honesty. That she led the King by word and gesture to love her and (he believing her to be pure and chaste and free from other matrimonial yoke) arrogantly coupled herself with him in marriage. And the said Queen and Francis, being charged by divers of the King's Council with their vicious life, could not deny it, but excused themselves by alleging that they were contracted to each other before the marriage with the King; which contract at the time of the marriage they falsely and traitorously concealed from the King, to the peril of the King and of his children to be begotten by her and the damage of the whole realm. And after the marriage, the said Queen and Francis, intending to renew their vicious life, 25 Aug. 33 Henry VIII., at Pomfret, and at other times and places, practised that the said Francis should be retained in the Queen's service; and the Queen, at Pomfret, 27 Aug. 33 Henry VIII., did so retain the said Francis, and had him in notable favour above others, and, in her secret chamber and other suspect places, spoke with him and committed secret affairs to him both by word and writing, and for the fulfilling of their wicked and traitorous purpose, gave him divers gifts and sums of money on the 27 Aug. and at other times.

Also the said Queen, not satisfied with her vicious life aforesaid, on the 29 Aug. 33 Henry VIII., at Pomfret, and at other times and places before and after, with Thomas Culpeper, late of London, one of the gentlemen of the King's privy chamber, falsely and traitorously held illicit meeting and conference to incite the said Culpeper to have carnal intercourse with her; and insinuated to him that she loved him above the King and all others. Similarly the said Culpeper incited the Queen. And the better and more secretly to pursue their carnal life they retained Jane Lady Rochford (age 36), late wife of Sir George Boleyn late Lord Rochford, as a go-between to contrive meetings in the Queen's stole chamber and other suspect places; and so the said Jane falsely and traitorously aided and abetted them.

11. Yorks.: Commissioners' precept to the sheriff for the return of the grand jury at Doncaster on Thursday 24 Nov. next. Sheffelde, 20 Nov. 33 Henry VIII. Endd. as answered by Sir Robert Nevell, sheriff, as shown by the panel annexed.

12. Jury panel annexed, viz., Sir William Malorie, Sir John Dawneye, Sir Rog. Lassels, Sir William Fairefaxe, Sir Peter Vavasour, Sir Ralph Evers, Sir Edward Gower, Sir Henry Everingham, William Vavasour, Robert Stapleton, Thomas Marckenfelde, John Barton, William Thwates, of Merston, Edward Saltmersh, Nicholas Tempeste, Chr. Thirkelde, Hugh Wirrall, and Henry Newarke. All marked as sworn.

13. Yorks.: Special commission of oyer and terminer in Yorkshire to Francis Earl of Shrewsbury (age 41), R. Bishop of Llandaff, lord president of the Council in the North, Sir Marm. Constable, senior, Sir William Copley, Sir John Wentworth, Sir Gervaise Clyfton, Thomas Fairfaxe, serjeant-at-law, and William Babthorp. [Westm. xvj.] Nov. 33 Henry VIII.

14. Midd.: Writ of certiorari to Sir Edward Mountagu; Sir Walt. Luke, and Edm. Mervyn, justices, commanding them to return into Chancery the indictments found before them in Middlesex against Culpeper and Derham. Westm., 28 Nov. 33 Henry VIII. Endd. as answered by Mountagu.

15. Midd.: Indictment found at Westminster on Friday in the quinzaine of St. Martin, 33 Henry VIII., before Montagu, Luke and Mervyn, by the grand jury (named), similar to that in § 10, but alleging the offences to have been committed at Hampton Court and Westminster.

16. Midd.: Commissioners' precept to the sheriff for the return of a grand jury at Westminster on Friday in the quinzaine of St. Martin next. 24 Nov. 33 Henry VIII. Endd. as answered by Roland Hyll and Henry Suckeley, sheriffs.

17. Grand jury panel annexed, viz., Richard Harryyong, William Godard,* Thomas Armerer,* John Yngland, John Elderton,* William Genyns,* John James,* Richard Smalwoode,* John Averey,* Robert Medylton,* Ph. Lentall, Robert Scharpe,* Thomas Jent, Richard Warner,* Richard Browne, Chr. Proctour,* Thomas Tayler,* Robert Graunt,* John Powell,* Nicholas Gravener,* John Daunyell,* John Averell, John Swallowe, Henry Lodysman, John Coke, John Browne, and Eustace Rypley. Those marked with the asterisk (*) sworn.

18. Midd.: Special Commission of oyer and terminer to Sir Edward Mountagu, Sir Walt. Luke, and Edm. Mervyn, justices. Westm., 22 Nov. 33 Henry VIII.

19. Linc.: Writ of certioriari to Thomas Earl of Rutland (age 49), and others, for the return of indictments against Culpeper and Derham found before them in Lincolnshire. Westm. 28 Nov. 33 Henry VIII. Endd. as answered by Rutland.

20. Linc.: Indictment found at Lincoln Castle, 23 Nov. 33 Henry VIII., before Rutland and the others, by the grand jury (named); similar to § 10, but alleging the offences to have been committed at Gainsborough and elsewhere in Lincolnshire.

21. Linc.: Commissioners' precept to the sheriff for the return of a grand jury at Lincoln Castle, 23 Nov. next. 19 Nov. 33 Henry VIII. Endd. as answered by Robert Tyrwytt, sheriff.

22. Grand jury panel annexed, viz., Sir William Sandon of Asby, Sir John Candysshe of Butterwyk, Edward Dymmok of Skreleby, Robert Sutton of Burton, John Hennege of Haynton, Richard Bolles of Hawe, Thomas Lyttylbery of Staynsby, Henry Portyngton, of Sawclyff, Thomas Dymmok of Northcarleton, William Dalyson of Laughton, Ph. Tyrwhytt of Barton, Arthur Dymmok of Kyrkby upon Bayn, Richard Dysney of Norton Dysney, Hamo Sutton of Whasshyngburgh, Robert Dyghton of Little Sturton, William Mounson of North Ingilby, John Turney of Caneby, Godfrey Colvyle of Walcott, Thomas Hall of Colby, Thomas Kyme of Beneworth, John Bothe of Kyllyngholme, Thomas Horsman of Sleford, Robert Brokylsbye of Glentworth, William Quadryng of Irby beside Borowe. The first 18 sworn.

23. Linc.: Special commission of oyer and terminer in Lincolnshire to Thomas Earl of Rutland (age 49), Sir William Skypwith, Sir Robert Husey, Sir John Copledyke, Sir John Thymolby, Ant. Missenden, serjeant at law, John Haryngton, Edward Forsett and Vincent Grantham. Westm., 16 Nov. 33 Henry VIII.

24. City of Lincoln: Writ of certiorari to Thomas Earl of Rutland (age 49) and others for the return of indictments against Culpeper and Derham found before them in the city of Lincoln. Westm., 28 Nov. 33 Henry VIII. Endd. as answered by Rutland.

25. City of Lincoln: Indictment found at the city of Lincoln 23 Nov. 33 Henry VIII. before Rutland and the others, by the grand jury (named), similar to § 10, but alleging the offences to have been committed in the city of Lincoln.

26. City of Lincoln: Commissioners' precept to the sheriffs for the return of a grand jury at Lincoln 23 Nov. next, 19 Nov. 33 Henry VIII. Endd. as answered by William Hochynson and George Portern, sheriffs.

27. Grand jury panel annexed, viz., Richard Beyvercotes, gent., William Pawfreman, Edward Smythe, Ralph Goodknappe, William Dyghton, William Sames, Robert Hurry, William Yates, William Alynson, Chr. Brampston, Thomas Wryght, and William Smythe, aldermen of the city, John Fynche, draper, John Rotheram and George Stamppe, merchants, Edm. Atkynson, William Qwheler, Nicholas Fawconer, Thomas Emunson, George Skynner, John Beyke, James Plumtre, Edward Dawson, William Mylner, Hugh Hallaley, and William Hudson. From the second to the fifteenth name sworn.

28. City of Lincoln: Special commission of oyer and terminer to Thomas Earl of Rutland (age 49) and the others named in § 23. Westm., 16 Nov. 33 Henry VIII.

29. Surr.: Writ of certiorari to Sir Thomas Willoughby and others for return of indictments found against Culpeper and Derham in Surrey. Westm., 28 Nov. 33 Henry VIII. Endd. as answered by Willoughby.

30. Surr.: Indictment found at Southwark on Thursday 24 Nov. 33 Henry VIII. before Willoughby, Long, Dacre, Skynner, Curson, and Scott, by the grand jury (not named); as in § 10, but alleging the offences to have been committed at Lambeth, Otlands, and elsewhere in Surrey.

31. Surr.: Commissioners' precept to the sheriff for the return of a grand jury at Southwark, 24 Nov. next. Westm., 23 Nov. 33 Henry VIII. Endd. as answered by John Sakvyle, sheriff.

32. Grand jury panel annexed, viz., Edm. Harvye, Nicholas Lye, Hugh Nalyngherst, Robert Draper, Ralph Elyngworthe, William Saunders, John Castelton, Henry Knyght, William Grove, John Gardyner, Henry Ede, John Lyng, William Quyck, Robert Halsyter, William Fowler, Richard Thomas, John Blackford, Thomas Buxston, John Smythe, John Gardyner, Henry Harman, Thomas Luxston, John Westbroke, Robert Hall, and John Amo. The first fifteen sworn.

33. Surr.: Special commission of oyer and terminer to Sir Thomas Willoughby, Sir John Gage, Sir Richard Longe, Sir Thomas Pope, Sir Edm. Walsyngham, Sir Chr. More, Sir John Gresham, Robert Dacre, James Skynner, Robert Curson, and John Scott. Westm., 22 Nov. 33 Henry VIII.

34. Kent: Writ of certiorari to Sir Thomas Willoughby and others for return of indictments against Culpeper and Derham, found in Kent. Westm., 28 Nov. 33 Henry VIII.

35. Kent: Indictment found at Deptford, on Thursday 24 Nov. before Willoughby, Longe, Hales, Hendley, and Boyse by the grand jury (not named); as in § 10, but alleging the offences to have been committed at Greenwich and elsewhere in Kent.

36. Kent: Commissioners' precept to the sheriff for the return of a grand jury at Deptford, 24 Nov. next. Westm., 23 Nov. 33 Henry VIII. Endd. as answered by Ant. Sandes, sheriff.

37. Grand jury panel annexed, viz., John Beer,* John Lovelace,* Thomas Sybbell,* Nicholas Sybbell,* William Harmon, Thomas Hendeley,* Thomas Ferryby,* John Seliard, Robert Knight,* Robert Iden,* Robert Cheseman,* Robert Barfote, Robert Multon,* John à Children,* Thomas Skelton,* [Hugh Provest], Thomas Shepherd, John Tybbold, Steph. Parrott,* George Tomson,* Richard Hybbyng, John Romney, sen., William Knightly, Richard Froggett, Ralph Foxley, John à Court, and George Admondes. Those marked with the asterisk (*) sworn.

38. Kent: Special commission of oyer and terminer in Kent to Sir Thomas Willoughby, Sir John Gage, Sir Richard Longe, Sir Thomas Pope, Sir Edm. Walsyngham, Sir Edward Boughton, James Hales, serjeant-at-law; Walter Hendley, and John Boyse. Westm., 22 Nov. 33 Henry VIII.

39. Justices' precept to the sheriff of Yorkshire for the return of a petty jury at the Guildhall of London, this 1 Dec., of residents near Pomfret, for the trial of Derham and Culpeper. Endd. as answered by Sir Robert Nevyll, sheriff.

40. Jury panel annexed, viz., Sir Henry Savyll,* Sir Arth. Darcy,* Sir John Alen,* Sir Richard Gresham,* Sir William Halles, Sir James Foljambe,* Sir William Newnham,* Sir Nicholas Stirley,* Sir William Pykeryng,* Sir George Griffyth,* Sir Thomas Wentworth,* Sir Edward Mateson,* Thomas Holcroft, Thomas Wentworth,* Richard Chomley, Chr. Lassells, Thomas Dalaryver, Francis Askwyth, Godfrey Foljambe, John Cotes of London, Marm. Wyvell, William Hothom, Ambrose Wolleys, Roger Wentworth, Chr. Metcalff, Henry Ryder, Thomas Legh of St. Oswald's, William Blythman, John Gresham, John More, Ralph Bulmer, James Strangways. Those marked with the asterisk (*) sworn.

41. Record of pleas before Michael Dormer and others (reciting §§ 1, 2, 3, 4, 5, 6, 7, and noticing § 8), at the Guildhall of London, on Thursday, 1 Dec. 33 Henry VIII., Lord Chancellor Audeley delivered divers indictments of high treason taken against Catharine, Queen of England, and others (§§ 10, 15, 20, 25, 30, and 35 recited). Culpeper and Derham, being brought to the bar by Sir John Gage, constable of the Tower, severally plead not guilty. Venire awarded instanter and jury of Yorkshire sworn; but before they retired to consult on their verdict, and after sufficient and probable evidence had been given on the King's part, the said Culpeper and Derham severally plead guilty. The King's serjeants-at-law and attorney thereupon pray judgment.

Judgment, to be taken back to the Tower and thence drawn through London to the gallows at Tyburn, and there hanged, cut down alive, disembowelled, and (they still living) their bowels burnt, beheaded, and quartered.

Delivered of record by lord Chancellor Audeley the Monday next after the month of St. Michael 34 Henry VIII.

Latin.

Letters. 25 Apr 1544. Catherine, Countess of Westmoreland (age 45) to Earl of Shrewsbury (age 44).

After my most hearty recommendations unto your good lordship, this shall be to advertise the same that my servant, Ninian Meuvill, the bringer hereof, who is a gentleman, and is very desirous to serve the king's majesty on the borders fore anenst Scotland. Wherefore, my lord, I pray you that you would, at this mine instance and desire, admit him to be a eaptain upon the said borders. Trusting that he will so use himself therein or in any other business that it shall please your lordship to put him unto, if it be belonging a gentleman to do, that you shall be contented therewith, or else I would be right loath to write thus in his favour. And Almighty God preserve your good lordship.

From Brandspath [Map], the 25th day of April.

To the Right Honourable and my very good lord, the King's Majesty's Lieutenant, be this given.

[Talbot Papers, Volume B. Folio. 18. College of Arms. Original.]

The Countess of Westmoreland (age 45) was the second daughter of Edward, Duke of Backingham, and given in marriage to Ralph, Earl of Westmoreland (age 46), to compensate him for his disappointment, when her elder sister Elizabeth (age 47), to whom he had been previously plighted, was given in marriage to Thomas, Earl Surrey (age 71), afterwards 4th Duke of Norfolk. She had a large family of seven sons and nine daughters. She died on Tuesday, May 14th, 1555, and was buried the following Friday at St. Leonard's, Shoreditch.^a

The residence of the countess at Colbrandspath exposed her to occasional perils, in the often disturbed state of the northern counties. Thomas Tempest, writing on one occasion to the Duke of Norfolk, detailing some disturbances that had arisen on account of the absence of the Bishop of Durham and Earl of Westmoreland, adds, — "My lady of Westmoreland, with such counsel as she taketh to her, stayeth the country here for a time; I assure your lordship, she rather playeth the part of a knight than of a lady, as your lordship shall well perceive at your coming hither."^b

The Earl of Shrewsbury, to whom the present letter is addressed, was appointed lieutenant of the North in the year 1544.

Note a. Harleian MS. 897, fol. 80.

Note b. Miscellaneous Letters, 1st series, vol. iv. fol. 15. State Paper Office.

Diary of Edward VI. Jun 1548. The Scottis besieged the towne of Hadington¹ wher the captaine mr. Wilford² every day mad(e) issues upon them, and slew divers of them. The thing was very weake but for the men, who did very manfully. Oftentimes mr. Holcroft and mr. Paulmer³ did vitail it by force, passing through the enemies. And at the last the ringrave⁴ unawares set upon mr. Paulmer⁵, wich was ther with ner a thousand and 500 horsmen, and discomfited him, taking him, mr. Bowes (age 56) warden of the Westmarches, and divers other to the nomber of 400, and slew a few.

Note 1. "The History of the Winning of Hadington in Scotland, An. 2 Reg. Edwardi VI." forms the last portion of the historico-poetical book entitled "The Flower of Fame," compyled by Ulpian Fulwell, printed in London 1575, 4to., and reprinted in the Harleian Miscellany, edit. 1812, vol. ix. His information was received from "capitayne Dethick," one of the officers employed; and the accounts given by Holinshed and the other chroniclers are derived from this source.

Note 2. Sir James Wilford. He had been knighted by the earl of Hertford after the taking of Leith, September 28, 1547. In the defence of Hadington he acquired great reputation, as will be found in Fulwell's narrative. He was afterwards taken prisoner (see p. 224); and further particulars respecting him may be seen in the notes to Machyn's Diary, p. 314.

Note 3. Sir Thomas Holcroft and sir Thomas Palmer.

Note 4. The Rhinegrave is mentioned by Holinshed as "coronall" of 3,000 or 4,000 lansknechts in the French service at Boulogne in 1546. I have not discovered his name, but may notice a misapprehension of Mr. Park, the editor of the Harleian Miscellany, who (vol. ix. p. 370, misreading Ulpian Fulwell) identifies this commander with d'Esse, and imagines "the Ringrave of Fraunce" to be "a term applied in pantomimic contempt." The force sent by France to aid the Scots in 1548 consisted of "5,000 olde beattin shouldiers, — Frenche, Italians, and Germans. De Dessay was generall; Dandelot commandit the Frenche footte; Strozzi commandit the Italians; the Eeingrave commandit the Germans; Dunow was generall of the ordinance." (Balfour, i. 290.) Pietro Strozzi, general of the galleys of France, appears to have arrived first, with sixteen galleys, and won the castle of St. Andrew's. (Ibid. p. 287.) He was cousin-german to the queen, Catharine de Medicis, and was afterwards, in 1554, raised to the rank of a marshal of France; see Anselme, Histoire Geneal. vii. 206.

Note 5. My lord (the earl of Shrewsbury (age 48)) sent in hys stead sir Thomas Palmer and sir Robart Bowes (age 56): marrye, of all the launcies sir Thomas had the rule, whose selfwyll and glorie in that joorney did cast awaye the whoale power, for they were all over-throwen." Commentarie of the Services of William lord Grey of Wilton (age 39), p. 16. Sir W. Paget, in a letter to the Protector on this occasion, (MS. Cotton. Titus F. ni.) speaks very highly of sir Thomas Palmer.

Diary of Edward VI. 06 Oct 1549. In the meane season in Englond rose great sturres, like to increase much if it had not been well forseen.¹ The counsel, about 19 of them, were gathered in London, thinking to mete with the lord Protectour (age 49), and to make him amend some of his disordres. He, fearing his state, caused the secretary [Petre (age 44)] in my name to be sent to the lordes, to know for what cause they gathered their powres togethers, and, if they ment to talke with him, that they should come in peacable maner. The next morning, being the 6 of October, and Saturday [Sunday], he commaunded the armoure to be brought downe out of th'armury of Hampton court, about 600 harnesses, to arme both his and my men withal, the gates of the hous to be rempared; peple to be raysed. Peple came abundantly to the house. That night, with al the peple, at 9 or 10 a cloke at night, I went to Windsore [Map], and there was watch and ward kept every night. The lordis sat in open places of London, calling for gentlemen before them, and declaring the causes of accusation of the lord Protectour (age 49), and caused the same to be proclaimed. After wich time few came to Windsore, but only myn owne men of the garde, whom the lordes willed, fearing the rage of the peple so lately quietid. Then begane the Protectour (age 49) to treate by letters, sending Sir Philip Hobbey (age 44), lately cum from his ambassad in Flaundres to see to his famyly, who brought in his returne a letter to the Protectour (age 49) very gentle, wich he delivered to hime, another to me, another to my house, to declare his fautes, ambicion, vain glorie, entriag into rashe warres in mine youth, negligent loking on Newhaven, enriching of himself of my treasour, folowing his owne opinion, and doing al by his owne authorite, et [?]; wich lettres was openly redd, and immediately the lordes came to Windsore, toke him, and brought him through Holborn to the Tower. Afterward I came to Ampton court [Map], wheir they appointed by my consente six lordes of the counsel to be attendant on me, at lest tow, and fower knightes; lordes, the marches Northampton (age 37), th'erles of Warwike (age 45) and Arondel, lordes Russel (age 64), Seintjone, and Wentworth; knigh(tes) sir Andrew Dudely (age 42), sir Edward Rogers (age 51), sir Thomas Darcy, sir Thomas Wroth.^1a After I came through London to Westmuster.^2a The lord of Warwike made Admyral of England.^3a Sir Thomas Cheiney sent to the em perour for relief⁴, wich he could not obteine. Mr. Wotton⁵ made secretary. The lord Protectour, by his owne agreement and submission, lost his protectourship, treasourirshipe, marchalshipe, al his moveables, and niere 2,000 pound lande, by acte of parliement.

Note 1. Under the influence of the earl of Warwick (age 45), seconded by the ex-chancellor Southampton and the Romanist party, a majority of the council now undertook to terminate the supreme dictatorship assumed by the Protector. It appears that Somerset's suspicions of his insecurity were first alarmed by learning that the councillors in London dined at each others' houses (see Tytler, p. 249); he consequently took measures on the 5th October, if not before (see the documents quoted in p. 285 hereafter), to strengthen his military resources. According to the record of the council, entered in their register, they had appointed on the morning of Sunday the 6th of October "to repayr to Hampton court, accompanied with their ordinary numbers of servants, to have had friendly communication with the lord Protectour about the reformation of the state;" when, "as they were booted and ready to have mounted upon their horses," they "were certainely advertised, as well as credible reportes of diverse gentlemen, as by letters subscribed by the hands of the said lord Protectour, that he, having some intelligence of their lordships' intents, and moved with the conscience of his ill-government, whereof he would abyde no reformation, had suddenly raised a power of the commons, to the intent, if their lordships had come to the court, to have destroyed them; which power he had levyed as well by letters whereunto he caused his Ma^tie to set his most gracious hand, as by most sedicious bills, which he had devised for that purpose, the tenor whereof word for word foloweth. Good People," &c. (not entered in the Council Book, but preserved in the State Paper office, see hereafter, p. 242). Their lordships consequently determined to remain in London, assembling themselves at Ely Place, then the mansion of the earl of Warwick (age 45), in Holborn, where the following councillors were present: lord St. John, lord great master (who had been with the Protector at Hampton court only two days before), the earls of Warwick (age 45), Arundel (age 37), and Southampton, mr. secretary Petre (age 44), sir Edward North, sir Richard Southwell (age 46), sir Edmund Peckham (age 54), sir Edward Wotton (age 59), and mr. doctor Wotton dean of Canterbury. Their first step was to unfold their views to the magistrates of London, who consequently held a court of aldermen at Guildhall that same afternoon, and their proceedings will be found detailed at full by Stowe. The council sent out various letters to countermand and counteract the orders issued by the Protector, and also to levy forces on their own party; and, sending for the lieutenant of the Tower of London sir John Markham, they "required him to suffer certain others to enter for the good keeping thereof to his Majesties use; whereunto the said lieutenant according, sir Edmund Peckham (age 54) knight and Leonard Chamberlayne esquire, with their servants, were commanded to enter into the Tower, as associates to the said lieutenant, for the better presidy and guard of the same."

The next morning, Monday Oct. 7, the council met at Mercers' hall in London, in number sixteen, there being present, in addition to those of the day before, the lord chancellor (age 52) (Rich), mr. treasurer (Cheyne), sir John Gage, sir Edward Mountagu, sir Ralph Sadler (age 42), and sir John Baker. They were informed that, during the previous night, the lord Protector had hastily conveyed the King from Hampton court to Windsor castle, and they directed to Windsor the letters hereafter noticed.

On the 8th, at 9 a.m. they met at Guildhall, with the further accession to their company of the marquess of Northampton (age 37) and the earl of Shrewsbury. The mayor, aldermen, and common council were ordered to attend them, and, the lord chancellor (age 52) and others (as Stowe relates) having declared divers abuses of the lord Protector, they persuaded the citizens to take their part. "The lords dined with master Yorke, one of the sheriffes, and in the afternoone proclamation was made in divers places of the cittie, with trumpets, heraults, and kings at armes, wherein was contained divers articles touching the evill government of the lord Protector."

On the 9th the council was held "at the house of mr. Yorke, sheriff of London" (this was the ancient mansion, then belonging to the Crown, called the Duke's Place in Southwark, the new sheriff being master of the mint then established there). The names of the lord privy seal (Russell), the master of the horses (Herbert (age 48)), the lord Wentworth, and the vice-chamberlain (Wingfield), are also entered as present in council; but the two former were certainly this day at Wilton, as shown by their autograph signatures to the letter mentioned hereafter, and none of the four signed the council's letters of this day.

"The tenth of October (says Stowe, but this certainly should be the 9th), by a common councell at the guild-hall, was granted five hundred men of the citie (one hundred to be horsemen) to be readie on the next morrow: and this day the lords dined with master Yorke, one of the sheriffes of London."

On the 10th, "the same appearance of the councell as before" assembled "at the house of the lord St. John, lord great master, being in London," when they were informed" that, through their former letters, and other means by them devised, and by the dihgent travail also of the archbishop of Canterbury and sir William Paget, then being at Windsor, the Kinges Ma^tie owne servants were again restored to their places of attendance about his Ma^tie person, and that the duke of Somerset's servants and others of the bands were sequestered from his Maj^tie Having received the private communication from Paget, noticed hereafter, they this day sent to Windsor sir Anthony Wingfield the vice-chamberlain, sir Anthony Sellenger one of the gentlemen of the privy chamber, and sir John Williams treasurer of the augmentations and revenues of the crown, with their servants, for the better guard of the King's person, and for the prevention of Somerset's escape. These officers effected the arrest of the duke the next morning; and, on Sunday the 12th, the lords in a body repaired to Windsor "and presented themselves forthwith before the King's Ma^tie, most humbly on their knees, declaring to the same the occasion and order of their doings, the which his Ma^tie did accept in most gratious part, giving to their lordships his Ma^tie most hearty thanks." Calling before them sir Thomas Smith, sir Michael Stanhope, sir John Thynne (age 34), Edward Wolfe one of his Ma^tie privy chamber, and William Gray esquire, of Reading, "adherents of the said duke, and the principal instruments and councellours that he did use, both at this time, and otherwise also in the affairs of his government," they charged them with their offences, and ordered them to the Tower of London, sir Thomas Smith being at the same time sequestered from the council, and deprived of his secretaryship.

On the 13th, the duke himself "being sent for t'appeare before their lordships, and charged by them with his faults, was with the others before named sent to the Tower of London, under the conduct of the earls of Sussex (not Southampton, as some of the chroniclers state) and Huntingdon, the lords Grey and Burgayny, sir John Gage constable of the Tower, and certain other gentlemen and their bands. This day also the King's Ma^tie departed from Windsor to Hampton court."

Such is the account of this revolution which the privy council were pleased to place upon record. The course of these important events may be further traced by abundant documentary evidence, the greater part of which has been published, but scattered in various places. The two letters placed first in the annexed list may be regarded as a portion of the series — the first clouds that foreboded the coming storm: —

May 8, 1549. A letter of warning from sir William Paget to the lord Protector, remonstrating on his angry and snappish conduct towards those of the council who differed from him or ventured to express their own sentiments. Transcript in MS. Cotton. Titus F. m.; printed by Strype, Memorials, ii. Appendix GG.

July 7. A second, and very long, letter of expostulation and advice, written by Paget when abroad, upon hearing of the insurrection in the West. Transcript in MS. Cotton. Titus F. m.; another in State Paper office. Domestic Edw. VI. vol. viii. art. 4; printed by Strype, Memorials, ii. App. HH.

Oct. 1 [or 5 ?] a letter, signed by the King and the Protector, summoning all the King's loving subjects with all haste to repair to Hampton Court, "in most defensible array, with harness and weapons, to defend his most royal person, and his most entirely beloved uncle the lord Protector, against whom certain hath attempted a most dangerous conspiracy." It is plainly dated "the furstoi October; "but was received (by a party unnamed) on "the vj of October, of George Dunstalle my lord of Canterbury's servant." In the State Paper office. Domestic Edw. VI. vol. ix. art. 1; printed in Tytler's "England under Edward VI. and Mary," i. 205. Another (transcript) copy in the State Paper office, dated Oct. 5, is addressed "To all Justices of peace, mayers, shrives, balives, constables, hed boroughes, and all other the Kynges Ma^tie officers and subjects."

Oct. 4. A letter from the lords at Hampton court to lord Cobham (age 52), deputy of Calais, directing him to select twenty gunners from Calais, and send them to lord Clinton (age 37) (at Boulogne), is signe.d by the Protector, archbishop Cranmer, W. St. John, Wm. Paget, and Wm. Petre (age 44). Original in MS. Harl. 284, fol. 46, printed by Tytler, i. 211.

Oct. 5. Letter of the Protector to the lord privy seal and sir William Herbert (age 48), then in command of the forces lately employed against the "Western rebels, requesting both of them to come to Hampton court, and the latter by post, and his servants to follow. In the State Paper office. Domestic Edw. VI., vol. ix. art. 5; unpublished.

Letter signed by the Protector, the King's signature being prefixed by a stamp, to Sir Harry Seymour, to levy horse and foot. In State Paper office, art. 3, partly printed by Tytler, p. 213.

Oct. 6. Circular letter, of the like form, summoning those to whom it was sent to repair to Hampton court. In State Paper office, printed by Tytler, p. 214.

Letter under the King's signet, dated from Hampton court, addressed to the lord mayor, aldermen, and citizens of London, requiring them to levy men, to watch their gates, and to send one thousand, well harnessed, and with good and convenient weapons, to be at Hampton court that night, or at least on the morrow before noon. This was accompanied by a letter requiring credence to the bearer, Owen Claydon, signed EDWARD and SOMERSET; printed in Poxe's Actes and Monuments, under the head of "The troubles of the duke of Somerset;" and in Hollnshed's Chronicle.

Letter under the King's signet to the lord privy seal and sir William Herbert (age 48), announcing that "suche a henous and grevus conspiracye as never was seen, is attempted against us," &c. Transcript in the State Paper office, art. 9.

Another like letter to the same parties, desiring them to assemble with all expedition as many men, both horse and foot, as they could, and bring them to Hampton court. Transcript in the State Paper office, art. 8.

A third letter to the same, representing the matter more at fuU, and desiring them to repair "with such force as ye have" to Windsor castle. Contemporary transcript in the State Paper office, art. 6; printed by Foxe, Actes and Monuments.

A shorter letter of the same date desiring the same parties to give credence to lord Edward Seymour, the Protector's eldest son, who was the bearer of one or more of the preceding letters. Transcript in the State Paper office, art. 7.

A letter from the Protector to the earl of Shrewsbury, requiring his aid; printed in Lodge's Illustrations of British History, i. 135.

Letter of certain of the council to the lord mayor, &c. denouncing the conduct of the Protector, and requiring that no harness, weapons, or munitions should be sent to him. It is signed by nine councillors — St. John, Northampton (age 37), Warwick (age 45), Arundel (age 37), Southampton, Petre (age 44), North, Gage, and Southwell; printed in Foxe and Holinshed.

Circular letter of the council in London, being a summons to arm in support of their side of the dispute. An original copy, undirected, but having the autograph signatures of R. Ryche, cane, W. Seint John, W. Northt., J. Warwyk (age 45), Arundell (age 37), F. Shrewesbury (age 49), Henry Sussex, T. Cheyne, Edward North, and John Gage: in the State Paper office, art. 10.

Oct. 7. Circular letters from the council to the sheriffs, forbidding the levies ordered to be raised by the Protector. One undirected is preserved in the State Paper office, art. 20, bearing the autograph signatures of the same councillors as above, except Cheyne.

Another letter nearly of the same import, addressed to certain commissioners: signed Kke the last, excepting that it wants the names of the earls of Arundel (age 37) and Shrewsbury, and has that of Edward Mountagu. Ibid. art. 21.

Letters under the signet, signed both by the King and Somerset, directing levies to be made by the bailiffs of Uxbridge, Hillington, and Cullam. Dated "at our castle of Windsor." Original in State Paper office, art. 15.

Letter of the lord Protector, now at Windsor, to the lords in London, declaring his intention, "if you will take no other way but violence, to defend us (as nature and our allegiance doth bind us) to extremity of death, and to put all to God's hand, who giveth the victory as it pleaseth him." He desires an answer either by secretary Petre (age 44), whom he had sent with a message, or, if they would not let him leave them, by the bearer. Original in the State Paper office, art. 16, signed only by the Protector's hand, printed by Tytler, p. 214; also previously pubHshed by Foxe, Holinshed, and Stowe.

The lords of the council in London to those at Windsor, requiring the duke of Somerset to absent himself from his Majesty, and to disperse the force which he had levied. "Consider, my lords, for God's sake, we heartely pray you, that we be almost the hole Councell," viz. the chancellor Eich, lord great master St. John, marquess of Northampton (age 37), earls of Warwick (age 45), Arundel (age 37), Shrewsbury, and Southampton, sir Thomas Cheyne, sir William Petre (age 44), sir Edward North, sir John Gage, sir Ealph Sadleyr, sir Richard Southwell (age 46), and dr. Nicholas Wotton — in all fourteen. Sent by master Hunnings, a clerk of the council. Original in MS. Cotton. Calig. B. vn. fol. 404; printed in Strype's Ecclesiastical Memorials, vol. ii. App. No. 44; Ellis's Letters, I. ii. 166. Draft copy in State Paper office, art. 22.

Letter to the King, signed by the same councillors, with the addition of sir Edward Mountagu. Original in MS. Cotton. Titus, B. ii. fol. 35; three draft copies in State Paper office, Nos. 17, 18, and 20; printed in Burnet's History of the Keformation, Part II. Book I. Eecords, No. 41.

To this day (Oct. 7) probably belongs a document which Mr. Tytler has edited, i. 207, with the date Oct. 4, from the State Paper office, art. 13, being suggestions for a letter to be written by the King strongly justifying the general conduct of the Protector. On the second leaf of the same sheet are various memoranda in the same handwriting, (but not copied by Tytler,) consisting partly of informations and partly of suggestions, apparently intended for the eye of the Protector. Among the latter are these: —

"Also that the Kinges ma^tie wold make a letter unto the Maior, sherifes and aldremen of the citie, and to be delyvered unto the messenger by the Kinges own hande.

"Also lettre unto the lordes wylleng that asm any of them as are his treue honorable [subjects] shuld repayre unto him against his ennemys, or else they sought his blode aswell as his uncle's."

A previous paragraph states, "Also that upon sondaie [Oct. 6] my lorde grete m"^ [St. John] entered into the Tower of London to the Kinges use, and have made mr. Peckeham [sir Edward Peckham, treasurer of the mint,] lieutenant therof, and given him allowance for a table."

"Also the disobedyence of mr. Markham [the lieutenant of the Tower] in his office.

"Also that sir Thomas Darcy is laid in the Tower as a traytor."

Oct. 8. Circular letters to counties, countermanding the duke of Somerset's orders for levies, and charging all men to follow their vocations peaceably. Two copies (undirected), each bearing the autograph signatures of — E. Eyche, cane. W. Seint John, W. Northt., J. Warwyk (age 45), Arundell (age 37), F. Shrewesbury (age 49), Thomas' Southampton, William Petre (age 44), Nicholas Wotton, Edward Mountagu, Jo. Baker, are in the State Paper office, art. 28, 29.

Autograph letter of Harry lord Morley, acknowledging the council's summons, and expressing his readiness "with that pore power I have within one bower's warnyng, so ether to lyve or to dy." Dated from Mark hall. In State Paper office, art. 30.

Reply of the lord privy seal and sir William Herbert (age 48), written from Andover, to the lord Protector: after having received other letters from the lords dated the same day (Oct. 6) as the Protector's letter to them. Contemporary transcript in the State Paper office, printed by Tytler, p. 217: the substance given in Foxe's Actes and Monuments.

Letter from the lords at Windsor (Cranmer, Paget, and Smith) to those in London, in answer to theirs sent the day before. Original in the State Paper office, art. 26, printed by Tytler, p. 223; contemporary transcript in MS. Cotton. Caligula, B. vii. fol. 406; also printed in Stowe's Chronicle, and by Todd, in his Life of Cranmer, 1832, vol, iii. p. 57, Strype and Sharon Turner having considered the archbishop to have been the writer of it.

Letter from the King to the lords in London, entreating them to hold a moderate course; being accompanied by "certain articles exhibited unto us by our said uncle, signed with his own hand." Original in the State Paper office, art. 24; printed by Tytler, p. 220. Draft copy in MS. Cotton. Caligula, B. vn. fol. 405.

"Articles offered by me the lord Protector to the King's majestic, in the presence of his highnes counsail and other his majesties lordes and gentlemen at Wyndesor, to be declared in my behalf to the lordes and the reste of his highnes counsail remayning in London." Original in the State Paper office, marked 24 i. It is signed both at the beginning and end by the King, and at the foot by Somerset: contemporary copy in MS. Cotton. Caligula, B. vn. fol. 407; printed in Burnet, No. 42; Ellis, I. ii. 173.

Private letter from the duke of Somerset to the earl of Warwick (age 45), soliciting reconciliation. Printed in Stowe's Chronicle.

Private letter from secretary Smith to secretary Petre (age 44), earnestly begging him to advocate moderation. Original in the State Paper office, art. 27, printed by Tytler, p. 228. There is also (art. 39) a second letter of Smith to Petre (age 44), which commences with thanking "my lords of Warwicke (age 45), Arondell, and yow, that my brother George had leave to come and visite me." It is written in a tone somewhat less anxious than the other, yet it is difficult to say whether a few hours before or a few hours after.

Sir Philip Hoby (age 44) was the bearer of these five documents. On the same day the council were actively proceeding in their prosecution of the Protector, by issuing a public proclamation. The charges it contained against him are given by Foxe and by Stowe.

Oct. 9. The following anecdote regarding this day is related on the authority of sir Thomas Smith, who remained faithful to the Protector: —

"Sir Phillip Hobby, [having] receaved an answere of the lordes in London by letter, came out of London, and by the way, faininge he had loste his letter out of his poquet, said to his man he would returne for a newe, and willed him to goe to the courte and tell the Counsell all should be well. This excuse was of purpose before devised by the lords, to the end they might winne tyme the better that they might doe their feates. The next daye he came to the courte with a letter to the Kinge from the lordes, and before he delivered said thus —

"Sir Phillip Hobby's saying or mesuage declared to the duke of Somerset, the archebishop of Canterbury, sir W. Pagett mr. comptrolor, sir Thomas Smithe secretary, in the presence of mr. Cecill, sir John Thinne, sir Richard Cotton, and divers others; reported by sir Thomas Smith.'" MS. Harl. 353, fol. 77; printed by Tytler, p. 238.

Letter from the lords in London, to the King. Printed from the Council Book, by Burnet, No. 43. Draft copy in the State Paper office, art. 35.

Reply of the lords in London to those at Windsor, sent by sir Philip Hoby (age 44). Original, with fifteen autograph signatures, in MS. Cotton. Caligula, B. vii. fol. 408; draft copy in State Paper office, art. 37; printed from the former in Ellis's Letters, I. ii. 169; and from the Council book by Burnet, No. 44.

Letter from the lord privy seal and sir William Herbert (age 48) to the lords of the council, dated from Wilton, they having retired farther with their military forces, instead of advancing. Original in State Paper office, art. 31, printed by Tytler, p. 231.

Letter of the lord privy seal and sir W. Herbert (age 48) to the sheriff of Gloucestershire. "The like letters are goone unto other shirrefes, not only to the sherrifes, but also to every justice of peace and gentleman privately." Summoning levies to repair to Wilton, from which town the letter is dated. Contemporary copy in the State Paper office, art. 31 i.

Letters, addressed to the lady Mary and the lady Elizabeth respectively, relating, on the part of the council, the events that had occurred, and denouncing the pride and ambition of the Protector. Original draft in the State Paper office, art. 33; printed by Tytler, p. 248.

Oct. 10. Letter of the archbishop of Canterbury, sir William Paget, and sir Thomas Smith, the lords at Windsor, acknowledging the receipt of the letter brought by sir Philip Hoby (age 44), and professing themselves ready to obey the directions of those in London. Sir Philip Hoby (age 44) returned with their submission. Original in MS. Cotton. Caligula, B. VII. fol. 412; printed in Ellis's Letters, I. ii. 171; also printed, from the Council Book, by Burnet, No. 45.

Letter from the lords in London to sir William Paget, acknowledging a credence sent them by his servant Bedill, and desiring him to give firm credence to the bearer mr. vicechamberlain sir Anthony Wingfield, who was also captain of the guard. In a postscript (to wliicli the council repeated their signatures), it was intimated to Paget that "if yow shall see any good oportunite for this purpose, and if it may be conveniently doon, as by your sei-vant's message it semed," the duke should be apprehended, and also secretary Smith, sir John Thynne, Richard Whalley, and William Cycill, who was then the duke's private secretary and master of his court of requests. Original in MS. Cotton. Caligula, B. vn. fol. 410; printed by Ellis, I. ii. 173.

A Proclamacion, set furth by the body and state of the Kynges majesties privey counsayle, concernyng the devisers, writers and casters abrode of certain vile, slaunderous, and moste trayterous letters, billes, scrowes, and papers, tendyng to the seducement of the Kynges majesties good and lovyng subjectes: persons "whiche do labor now to maintain the trayterous doynges of the duke of Somerset," for that purpose "doon devise the moste vile, false, and traiterous billes, papers, and bokes that ever wer hard of, strawyng the same in the stretes, as well within the citie of London as in diverse tounes and other places in the country, wherein thei do falsely and traitorously travaile to slaunder the Kynges majesties oounsaill, thinkynge thereby to amase and abuse his majesties good subjects, whiche bee in areadinesse to joyne with the said counsaill for delivery of the Kyng our sovereigne lordes most royall persone, remainyng to his greate perill and daunger in the saied duke's custody." A reward of one hundred crounes is offered for the apprehension of every offender. This document, of which the draft is in the State Paper office, art. 40, is extant in an original broadside copy preserved in the collection of the Society of Antiquaries, It is subscribed by the names of all the following councillors:

The Lorde Riche (age 52), Lord Chancellor.

The Lorde Sainct Jhon, Lorde Great Master, and President of the Counsaill.

The Lorde Eussell, Lorde Privey Scale,

The Lorde Marques of Northampton (age 37).

The Erle of Warwicke (age 45), Lorde Greate Chamberlain.

The Erle of Arundell (age 37), Lorde Chamberlain.

The Erle of Shrewsbery,

The Erle of Southampton,

The Lorde Wentworth.

Sir Thomas Cheiney, Knight of the Order, and Threasaurer of the Kynges Maiesties house, and Lord Warden of the Cinque Portes.

Sir Willyam Herbert (age 48), Knight, Master of the Kynges Majesties horses.

Sir Anthony Wingfeld, Knight of the Order, the Kynges Majesties vice Chamberlein, and Capitain of the Garde.

Sir Jhon Gage, Knight of the Order, Constable of the Towre.

Sir Willyam Petre (age 44), Knight, Secretary.

Sir Edward North, Knight.

Sir Edward Montague, Knight, Chief Justice of the Comon Place.

Sir Raufe Sadler (age 42), Knight.

Sir Jhon Baker, Knight.

Sir Edward Wotton (age 59), Knight.

Master doctor Wotton, Deane of Cantorbury.

Sir Richard Southwell (age 46), Knight.

Sir Edmund Peckham (age 54), Knyght, high Threasaurer of all the Kynges Majesties Myntes.

Of the handbills mentioned in this proclamation, two are preserved in the State Paper office: one (art. 11 of the volume so often cited) commencing, "Moste loving and trew Ynglishmen," and signed, "By the Kynges true and loving subject to his poure, Henry A." This is supposed to have been "cast about" in the city of London (see before, p. 233), and it is indorsed. Rede itt and gyve itt furth. (Printed by Tytler, p. 209: the word "conspire" in p. 210, should be read serve?) The other (art. 12) is indorsed, "The copie of the bill sowed emongest the commons" (printed by Tytler, p. 210, where, for "the extortions of gentlemen," read "the extortiouse gentylmen"). There can be little doubt that this was the very bill which the lord privy seal found at Andover; where, he tells the council, "The gentlemen had received like letters from the King's majestie as we had done; and the commons had found bills that were sown abroad, to raise them in the Kinges name and the Protector's quarrel, as by a copy of one of the same bills, which ye shall also receive herewith, your Lordships may more plainly perceive." In his letter written to the duke of Somerset the day before, Russell had directly taxed him with the authorship of these papers: "Your Grace's proclamations and billets sent abroad for the raising of the commons we mishke very much." It is to be considered that the nobility, with great effort and much difficidty, had very recently succeeded in suppressing various insurrections, which they attributed in part to the Protector's former conduct towards the comnion people; they now detected him in acts calculated to provoke a repetition of such troubles. This indiscretion had the effect of arraying them against him, and throwing them into the hands of the more subtle and insidious Warwick (age 45).

Oct. 11. Letter written partly by Wingfield, and partly by Paget, signifying to the council the arrest of the duke, and describing the King's behaviour. It is signed also by Cranmer. Original in the State Paper office, art. 42; printed by Tytler, p. 241.

Minute of the whole discourse of the duke of Somerset's doings, addressed to the English ambassadors abroad. In the State Paper office, art. 41.

A circular letter from the council to counties, announcing the dispersal of the forces assembled by the duke of Somerset, and staying any further musters. Contemporary copy in MS. Cotton. Titus, B, ir. fol. 30.

Another circular letter announcing the duke's arrest, and directing the parties addressed "to staye your nombres at home, without taking eny further traveile for this matter." One with the autograph signatures of eleven councillors in State Paper office, art. 44.

Oct. 14. Letter of the council to the lieutenant of the Tower, that he sujBfer no one to speak with the duke of Somerset or any other prisoner. Ibid. art. 45.

Articles objected to the duke of Somerset. These have never been edited accurately. The most perfect printed copy is that in Stowe's Chronicle (but in article 12 for Iniunction read Commission; in article 26 the 6 instead of "9 of October," and there are other errors.) In Foxe's Actes and Monuments, the 29 articles are reduced to 20, by the omission of the 10th, 20th, 21st, 24th, 25th, 26th, 27th, 28th, and 29th. Hohnshed follows Foxe. Hay ward's copy (Life and Eeign of King Edward VI.) is imperfect, by the omission of the 28th article, as well as by a modernization of the language throughout; and Burnet copies Hayward. Strype in his Life of Cramner, p. 265, has pointed out the significance of the 10th article, which charged the Protector with having laid the blame of the insurrections on the nobility; and it is to be regretted that Strype did not print the draft copy which he had seen. It was, as he imagined, in the handwriting of bishop Gardiner: but this was a very bold surmise. Strype is in error in attributing these articles to the time of the duke's "second apprehension and trial." There is an old transcript of the whole 29 articles in MS. Addit. Brit. Mus. 9069; which is worth consulting if no other can be recovered.

Dec. 23. The duke of Somerset's submission, having read and considered the said 29 articles. Printed in Stowe's Chronicle.

Feb. 2. His second submission, dated from the Tower. Also in Stowe.

Feb. 6. His recognizance in 1000/. to reside at the King's manor of Sheen or his own house at Syon, without passing the limit of four miles from either house. In the Eegister of the Privy Council.

The 6 of February the duke of Somerset was delivered out of the Tower, and that night he supped at sir John Yorke's, one of the sheriffes of London," (Stowe,) where, it appears from the council book, the lords assembled to welcome him.

Feb. 16. A pardon to the duke by letters patent under this date is printed in Rymer, Foedera, &c. xv. 205.

Note 1a. Of the "four principal gentlemen of his Highness' privy chambre" (the knights) it was also ordered that "two at the least should be continually attendants, .. to whom was advanced, above their accustomed fee of L li. by the yeare, the yearly fee of L li. more, in consideration of the singular care and travail that they should have about his Majesties person." (Council Book.) See further arrangements under the 20th April, 1550, hereafter.

Diary of Edward VI. Ther was great preparation mad to goe into Scoteland² and the lord Protectour³, th'erl of Warwic⁴, the lord Dacres⁵, the lord Gray,^1a and mr. Brian,^2a went with a great nomber of nobles and gentlemen to Berwic, wbere, the first day after his conaming, he mustered al his company, wich wer to the nomber of 13,000 footmen and 5000 horsmen.^3a The next day he marched on into Scoteland, and so passed the Pease.⁴ Then he burnt tow castels^1b in Scoteland, and so passed a straight of a brig^2b wher 300 Scottis light horsmen set upon him behind him, who wer discomfited. So he passed to Musselburough, where the first day after he come he went up to the hill, and saw the Scottis, thinking them, as thei were indeed, at lest 36,000^3b men, and my lord of Warwic was almost taken, chasing th'erl of Huntley, by an ambush. But he was rescued by on(e) Bertivell,^4b with twelve hagbusiers on horsbake, and the ambush ran away. The 7 day of September, the lord Protectour thought to get the hil; wich the Scottis seeing, passed the brig over the river of Muselburough, and strove for the hier ground, and almost gott it. But our horsmen set upon them, who although the(y) staled them, yet wer put to flight, and gathered together again by the due of Somerset lord Protectour, and th'erl of Warwic, and wer redie to give a new onset. The Scottis being amasid with this, fledde ther wayes, some to Edenburough, som to the see, and some to Dalkeith, and ther wer slain 10,000 of them.^1c But of Englishe men 51 horsmen, wich were almost al gentilmen, and but one foteman.^2c Prisoners were taken the lord Huntley^3c chauncellour of Scoteland, and divers other gentlemen, and slain of lardes a 1000.^1d And mr. Brian,^2d Sadleir,^3d and Vane^4d were mad(e) Barnels^5d [bannerets].

Note 2. The history of this campaign was related in "The Expedicion into Scotlande of the most woorthely fortunate prince Edward Duke of Somerset, uncle to our most noble sovereign lord the Kinges Majestie Edward the VI., Goovernour of hys Hyghnes persone, and Protectour of hys Grace's realmes, dominions, and subjectes; made in the first yere of his Majesties most prosperous reign, and set out by way of Diarie, By W. Patten, Londoner. Printed at London, 1548;" 12mo. and reprinted in Dalzell's Fragments of Scotish History, 1798. Patten was one of the judges of the marshalsea in the army, the other being William Cecill, afterwards the great Burghley. His narrative is largely quoted in Holinshed, and followed in Sir John Hay ward's Life and Reign of Edward VI. The Sieur Berteville has also left a memoir of the campaign: see note hereafter in p. 217.

Note 3. The duke of Somerset was experienced in the warfare of the Scotish border. He had been lord warden of the marches in 1542, when James the Fifth lost his life at Solway moss. The next year, accompanied by the lord Lisle, he visited the towns of Leith and Edinburgh with fire and devastation. And in 1544 as lord-lieutenant he commanded the expedition sent into Scotland, in which the towns of Leith and Edinburgh were again burnt, with those of Preston, Haddington, and Dunbar, and various castles, of which expedition a narrative, printed in the same year, is reprinted in Dalzell's Fragments of Scotish History, 1798, 4to. See the duke's military atchievements further particularised in the preface to the work of Patten, mentioned in the preceding note. On the present occasion he went as "general of the armie, and capitayn of the battalle, having in it iiii. m. fotemen." (Patten.) Letters patent constituting him "Lieutenant and Captain-generall of the warres both by sea and land," passed the great seal on the 11th of August (Burnet erroneously says the 21st); and they are printed in Rymer's Fœdera under the wrong year, 1548 instead of 1547, an error which misled Rapin (vol. ii. p. 12), who applied them to a time when (as he supposed) the Protector required authority to send the earl of Shrewsbury as Lieutenant-general, on the second year's campaign in Scotland.

Note 4. The earl of Warwick was Lieutenant of the army, and captain of the foreward of iii. M. footmen. (Patten.)

Note 5. William lord Dacre had the command of the rearward of iii. m. footmen.

Note 1a. The lord Grey of Wilton was high marshal of the army, and captain-generall of all the horsemen. See the account given of his conduct in the "Commentarie of the Services of William Lord Grey de Wilton," edited by Sir Philip Grey Egerton, Bart, for the Camden Society, 1847, p. 10. After the close of the campaign, lord Grey was left in Scotland in the chief command of the English forces.

Note 2a. Sir Francis Bryan was the captain of the light horsemen, being in number ii. m. (Patten.) He shortly after became marshal of Ireland (having married the countess dowager of Ormonde), and on the 27th December, 1549, was constituted lord justice of that kingdom; but during an expedition into Tipperary he died at Clonmell on the 2nd February following.

Note 3a. The King wrote 12,000 and 2000, and the figures are altered as above. The Sieur Berteville estimated the English army as about 12,000 (he at first wrote 14,000) footmen, 1300 men of arms, i.e. cavalry (he at first wrote "viii. centz." and so it is misprinted in the Bannatyne Club book hereafter noticed), and 2,500 light horsemen. These numbers may be compared with Patten's accoimt, p. xxv. of the several forces.

Note 4a. The lord protector, having left Berwick on Sunday the 4th of September, "marched that dale a six miles, and camped by a village called Rostan, in the baronrie of Boukendall." ..."The fift of September they marched an eight miles, untill they came to the Peaths, a clough or vallie running for a six miles west streight eastward, and toward the sea a twentie score brode from banke to banke above, and a five score in the bottome, wherein runs a little river. Steepe is this vallie on either side, and deep in the bottome." (Holinshed, following Patten.) The pass is called "the Pethes" in a letter of sir Ralph Sadler to the earl of Shrewsbury, printed in Lodge's Illustrations of British History, vol. i. pp. 120, 122. It is now called Cockburn's Path, anciently it is said Colbrand's Path; and the bridge which was built there in 1786 crosses a chasm in some parts more than 160 feet deep. It was this pass which the lord admiral told the King that his brother was not likely to surmount, "without losse of a great nombre of men, or of hymself" (see before, p. 58): it was, however, accomplished without difficulty, as Matthew Home, the captain of Dunglas castle, which commanded the pass, surrendered without a struggle.

Note 1b. Dunglas castle was defaced, and the next day the piles of Thornton and Anderwick.

Note 2b. Linton brig, on the 7th of September.

Note 3b. The King first wrote 23,000. Patten states that he heard some of the Scots confess that their army consisted of "above xxvi. ii. fighting footmen, beside ii. M. horsemen prickers (as they cal them), and hereto iii. thousande Irish archers brought by th'erle of Argile." Preface, p. xii.

Note 4b. This occurred (as Patten tells us) on the 7th of September, in a skirmish at the passage of the river Lin, near Hailes castle, when the earl of Warwick was accompanied by scant sixteen horses, whereof Berteville and John de Ribaud, Frenchmen, were two, seven or eight light horsemen more, and the rest his own servants. Berteville was "hurt in the buttok." And it is added that "As Bartevil that day had righte honestly served, so did the lordes righte honorably quite yt, for straight upon the overtakynge of my lordes Grace (i.e. Somerset) my lorde Lieutenant (i e. Warwick) did get him a surgion, and drest he was, straight after layde and conveyed in my lordes Grace's owne chariot, that was both right sumptuous for cost and easy for caryage." This gentleman has himself left a memoir of the campaign, but his modesty has not permitted him to insert this adventure. The memoir was contributed by David Constable, esq. to the Bannatyne Club, entitled "Recit de l'Expedition en Escosse, I'an MDXLVI. et de la Batayle de Muscleburgh, par le Sieur Berteville," and printed in 1825, accompanied by a fac-simile of a large contemporary engraving of the battle of Musklebroghe (or Pinkey, as it has been more frequently termed). The original of this memoir is preserved in the Cottonian Library, Cleopatra A. xi. It commences with an epistle from the author to the King, above which is written "Liber Georgii fferrers ex dono Regis Edouardi:" which shows that it was given by the King to George Ferrers, well known as the Christmas Lord of Misrule (whose magnificence is amply commemorated in the Loseley Manuscripts), as a contributor to the Chronicles of Hollnshed, and as the principal poet of The Mirroiir for Magistrates. He was himself in this campaign; and Patten, describing him as "George Ferrers a gentleman of my lord Protector's, and one of the commissioners of the carriages in this army," tells a story of his smothering some Soots hid in a cavern near Leith (p. 44). To return to Berteville: he was one of those knighted by the earl of Warwick at Berwick in September, when Patten calls him sir John Bartevile. He is noticed in a letter of dr. Wotton printed by Tytler, p. 91. His name occurs again in the King's Journal in connection with the charges made against the Protector by Warwick.

Note 1c. Sir James Balfour says "the Scotts lost 8000 men of all sortes, and weire 1000 prisoners taken." Aunales of Scotland, printed in 1825, 8vo. vol. i. p. 285.

Note 2c. Patten commemorates particularly the deaths of Edward Shelley, the lord Grey's lieutenant of the men of arms of Boulogne, upon whom he gives a long eulogium (p. 72); and another Bullener "little Preston," who was "found with both his handes cut of by the wreastes, and knowen to be he, for that it was knowen he had of each arme a bracelet of golde, for the which they so chopt him."

Note 3c. George Gordon, fourth earl of Huntly, constituted lord chancellor of Scotland in 1546. He was distinguished as a soldier, particularly by his victory over sir Robert Bowes at Haddenrig in 1542. On the 9th Sept. 1547 (the day before the battle of Pinkey or Musselburgh), the earl of Huntly challenged the duke of Somerset, to "fight for the whole quarrel, xx. to xx., x. to x., or els hymselfe alone with your Grace man to man." The Protector refused, "beynge of such estate by the sufferaunce of God as (to) have so weighty a charge of so precious a jewel, the governaunce of a Kynges person, and the protection of all his reames." See the incident related at considerable length by Patten, p. 49. The earl escaped from prison at Morpeth in 1548, and was killed in battle with the regent Moray at Corrichie in 1562.

Note 1d. At first -written 2000.

Note 2d. Sir Francis Bryan, already noticed.

Note 3d. Sir Ralph Sadleyr was treasurer of the army. Berteville bears this testimony to his valour: "En cest bataille monseigneur Sadeler le tresseurier monstra que son sens et proesse ne gist tant en office du finances qu'en experience de guerre." (p. 17.) Attached to sir Ralph Sadleyr's monument at Standon in Hertfordshire was a banner-staff of extraordinary height, said to have been a trophy of the field of Mussleburgh.

Note 4d. Sir Ralph Vane is described by Patten as "Lieutenaunt of all the men of armes and dimilaunces, beyng in number iiij. M." in which number there is perhaps un error. Berteville speaks of "la maison du roy, duquoy estoit chef Mons^r de Vannez, ung aussi vaillant et saige capitaine." (p. 26.) But sir Thomas Darcy, according to Patten, was the "capitayn of all the Kynges majesties pencioners and men of armes."

Note 5d. Besides these three bannerets — "a dignitie (as Patten remarks) above a Knight, and next to a Baron," the duke of Somerset also made the following Knights in the camp at Roxburgh on the 28th of September: —

The lord Grey of Wilton, high marshal.

The lord Edward Seimour, my lordes grace's [eldest] son [by his first wife].

The lord Thomas Howard.

The lord Walldyke, a Clevelander.

Sir Thomas Dacre.

Sir Edward Hastings.

Sir Edmund Brydges.

Sir John Thynne, my lord's grace's steward of household.

Sir Miles Partridge.

Sir John Conway.

Sir Giles Poole.

Sir Ralph Bagnall.

Sir Oliver Lawrence.

Sir Henry Gates.

Sir Thomas Chaloner, one of the clerks of the council, and in this army chief secretary.

Sir Francis Flemmyng, master of the ordnance.

Sir Eichard Towneley.

Sir Marmaduke Constable.

Sir George Awdeley.

Sir John Holcroft (joint commissioner of the musters. Patten, p. xxvi )

Sir John Southworth

Sir Thomas Danby.

Sir John Talbot.

Sir Rowland Clerk.

Sir John Gresham.

Sir William Skipwith.

Sir John Buttes.

Sir George Blaag (joint commissioner of the musters. Patten, p. xxvi.)

Sir William Frauncis.

Sir Francis Knolles.

Sir William Thornborow.

Sir George Howard, who did bear the King's standard in the battail.

Sir James Wylforde (provost marshal of the army. Patten, p. xxv.)

Sir Ralph Coppinger (a pensioner.)

Sir Thomas Wentworth.

Sir John Mervyn.

Sir Nicholas Lestrange.

Sir Charles Stourton.

Sir Hugh Ascough.

Sir Francis Salvayn.

Sir John Horsle.y (captain of Bamborough castle. Patten, p. 28.)

Sir John Forster.

Sir Christopher Dies, Spaniards.

Sir Peter Negroo, Spaniards.

Sir Alonzo de Vile, Spaniards.

Sir Henry Hussey

Sir James Granado

Brabander

Sir Walter Bonham.

And at Newcastle, on the duke's return, he knighted the mayor, sir Robert Brandling.

Subsequently, the earl of Warwick, when lieutenant-general, made five knights at Berwick, — sir Thomas Neville (the lord Neville's brother), sir Andrew Corbet, sir Anthony Strelley, sir Arthur Mainwaring, sir Richard Verney, and sir John Berteville the Frenchman. (Patten, corrected by Holinshed.)