Letters and Papers 1529. 01 Dec 1529 R. O. St. P. VII. 219. 6073. Embassy to France.

Instructions to George Boleyn (age 26), gentleman of the Privy Chamber, and John Stokesley, D.D. (age 54), sent to the French king (age 35).

On their arrival at the French court they shall confer with Sir Francis Brian on the repair of Albany into Scotland, to interrupt the alliance between Scotland and the Emperor; on which subject, though Brian has been continually solicitous, the King has received from him no direct answer. They shall tell Francis that Brian is recalled to look after his own causes, and they are sent in his place; and they shall say that, considering the inconvenience like to ensue to France by the proposed alliance, the King has been anxious to learn what chance there might be of good effect by Albany's passing into Scotland, and they shall desire a consultation to be held with the Duke on the subject, guarding themselves from the supposition that the King wishes for it upon any other grounds than the benefit of France. If it be resolved on, it must be kept as secret as possible, taking care it does not come to the knowledge of the French king.

They shall also advise upon the question of a General Council, which is to be by them mutually prevented, considering the influence the Emperor has over the Pope. Upon the King's great matter they shall say, the King has sent Stokesly (age 54), who shall declare his opinion and that of other learned men, and shall say that, as De Langy at his late being here had said that divers in those parts were of similar opinion, he had special charge to consult them, and he shall do his best to obtain opinions favorable to the King. They shall also desire the French king to allow them to see the originals of the treaties and conventions made at Cambray, as copies only have reached England, sent to the French ambassadors here, containing many contradictions; and the same secresy has been observed in the court of the lady Margaret. Signed by the King at beginning and end.

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.

Wriothesley's Chronicle 1551. 01 Dec 1551. The first daye of December, beinge Tuesday, the Duke of Somersett (age 51) was had from the Tower of London [Map] by water and shott London bridge at v of the clocke in the morninge, and so went to Westminster, where was made ready a great scaffold in Westminster Hall [Map], and there the sayd Duke appeared, afore the Lordes and Peeres of the Realme, the Lord William Pawlet (age 68), Marques of Winchester and Lord High Treasurer of England, that daye sittinge under the cloath of estate as High Stuard of England; the indytement of the sayd duke beinge read, he was imedyately arraigned on the same for felony and treason, and after tryed by his peeres the nobles there present^a, which did quitt him of the treason but found him guilty of the felony^b, whereupon after their verdite giuen he had iudgment giuen to be had [thence to] the place [he came from] and from thence to the place of execution, there to be hanged till he were dead; but the people in the hall, supposinge that he had bene clerely quitt, when they see the axe of the Tower put downe, made such a shryke and castinge up of caps, that it was hard into the Longe Acre beyonde Charinge Crosse, and allso made the Lordes astonyed, and word likewise sent to London, which the people reioysed at; and about v of the clocke at night the sayd Duke landed at the Crane in the Vintre, and so [was] had thorough Can[dle]wyke Streete to the Tower, the people cryinge God saue him all the way as he wentj thinkinge that he had clerely bene quitt, but they were deceyued, but hoopinge he should haue the Kinges pardon.

Note a. His judges were Northumberland (age 47), Northampton (age 39), Pembroke (age 50), and the other leading members of the government, - the very parties against whom he was said to have conspired, - and the witnesses against him were not produced, bnt only their written depositions read, as was frequently the custom in those days.

Note b. For having designed the killing of the Duke of Northumberland (age 47) and the others, although on consideration he had determined to abandon it; "yet," adds Edward VI. in his Journal, "he seemed to confess he went about their death."