be then alive thereunto before the marriage had in writing sealed with their seals which Condition We declare limit and appoint and will by these presents shall be to the said estate of Our said Daughter ELIZABETH in the said Imperiall Crown and other the premises knit and invested And if it shall fortune Our said Daughter ELIZABETH to die without Issue of Her body lawfully begotten We will that after Our decease and for default of Issue of the several bodies of Us and of our said Son Prince EDWARD and of Our said Daughters MARY and ELIZABETH and said Imperiall Crown and other the premises after Our decesse shall wholly remain and come to the Heires of the body of the Lady FRANCES Our Niece eldest Daughter to Our late Sister the French Queen lawfully begotten and for default of such Issue of the body of the said Lady FRANCES We will that the said Imperiall Crown and other the premises after Our decease and for default of Issue of the severall bodies of Us and of Our Son Prince EDWARD and of Our Daughters MARY and ELIZABETH and of the Lady FRANCES lawfully begotten shall wholly remain and come to the Heirs of the body of the Lady ELANOR Our Niece second Daughter to Our said Sister the French Queen lawfully begotten And if it happen the said Lady ELANOR to die without Issue of Her body lawfully begotten We will that after our decease and for default of Issue of the severall bodies of Us and of Our said Son Prince EDWARD and of Our said Daughters MARY and ELIZABETH and of the said Lady FRANCES and of the said Lady ELANOR lawfully begotten the said Imperiall Crown and other the premises shall wholly remain and come to the next rightfull Heirs And we sill that if Our said Daughter MARY doe marry without the consent and assent of the Privy Counsellours and others appointed by Us to be of Counsell to Our said Son Prince EDWARD or the most part of them as shall then be alive thereunto before the said marriage had in writing sealed with their seals as is aforesaid that then and from thenceforth for lack of Heirs of the severall bodies of Us and of Our said Son Prince EDWARD lawfully begotten the said Imperial Crown shall wholly remain be and come to Our said Daughter ELIZABETH and to the Heirs of Her body lawfully begotten in such manner and form as though Our said Daughter MARY were then dead without any Issue of the body of Our said Daughter MARY lawfully begotten Any thing contained in this Our Will or any Act of Parliament or Statute to the contrary in any wise notwithstanding And in case Our said Daughter the Lady MARY doe keep and perform the said Condition expressed declared and limited to Her estate in the said Imperiall Crown and other the premises in this Our last will declared And that Our said Daughter ELIZABETH doe not keep and perform for Her part the said condition declared and limited by this Our last Will to the estate of the said Lady ELIZABETH in the said Imperiall Crown of this Realm of England and Ireland Ann. Dom. 1546 and other the premises Ann. Regis HeÌ„ 8. 38. We will that then â—and from thencesorth after Our decease and for lack of Heirs of the several bodies of Us and of Our said Son Prince EDWARD and of Our said Daughter MARY lawfull begotten the said Imperiall Crown and other the premises shall wholly remain and come to the next Heirs lawfully begotten of the body of the said Lady FRANCES in such manner and form as though the said Lady ELIZABETH were then dead without any Heir of Her body lawfully begotten Any thing contained in this Will or in any Act or Statute to the contrary not withstanding the remainders over for lack of Issue of the said Lady FRANCES lawfully begotten to be an continue to such persons like remainders and estates as is before limited and declared And We being now at this time thanks to Almighty God of perfect memory Names of the Executo s. doe constitute and ordain these personages following Our Executors and Performers of this Our last Will and Testament willing commanding and praying them to take upon them the occupation and performance of the same as Executors Tho Cranmer that is to say the Archbishop of Canterbury the Lord Wriothesly Chancellour of England the Lord St. John greater Master of Our House Edw. Seymour John Dudley the Earl of Hartford great Chamberlain the Lord Russell Lord Privie Seal the Viscount Lisle high Admirall of England the Bishop Tonstall of Duresme Sir Anthony Browne Knight Master of our Horses Sir Edward Montague Knight chiefe Judge of the Common Pleas Justice Bromley Sir Edward North Knight Chancellour of the Augmentations Sir William Pagett Knight Our chief Secretary Sir Anthony Denny Sir William Herbert Knights chief Gentlemen of Our Privy Chamber Sir Edward Wotton Knight and Mr. Doctor Wotton his brother and all these We will to be Our Executors and Counsellors of the Privie Counsell with Our said Son Prince EDWARD in all matters concerning both his private affairs and publick affairs of the Realm willing and charging them and every of them as they must and shall answer at the day of judgment wholly and fully to see this my last Will and Testament performed in all things with as much speed an diligence as may be and that none of them presume to meddle with any of Our treasure or to do any thing appointed by Our said Will alone unlesse the most part of the whole number of these Co-executors doe consent and by writing agree to the same And will that Our said Executors or the most part of them may lawfully doe what they shall think most convenient for the execution of this Our Will without being troubled by Our said Son or any other for the same Willing further by Our said last Will and Testament that Sir Ed mund Peckham Our trusty servant and yet Cofferer of Our house shall be Treasurer and have the receipt and laying out of all such treasure and money as shll be defrayed by Our Executors for the performance of this Our last Will straightly charging and commanding the said Sir Edmund that he pay no great summe of money but he have first the hands of Our said Executors or of the most part of them for his discharge touching the same charging him further upon his allegiance to make a true account of all such summes as shall be delivered to his hands for this purpose And sithence We have now named and constituted Our Executors We will and charge them that first and above all things as they will answer before God and as We put Our singular trust and confidence in them that they cause all Our due Debts that can be reasonably shewed and proved before them to be fully contented and payed as soon as they conveniently can or may after Our decease without longer delay and that they doe
Treasurer of Our houshold Sir John Gage Knight Comptroller of Our houshold Sir Anthony Wingfield Knight Our Vice Chamberlain Sir William Peeter Knight one of Our two principall Secretaries Sir Richard Rich Knight Sir John Baker Knight Sir Ralph Sadler Knight Sir Thomas Seymour Knight Sir Richard Southwell and Sir Edmund Peckham Knights they and every of them shall be of Counsell for the aiding and assisting of the forenamed Counsellours and Our Executors when they or any of them shall be called by Our said Executors or the more part of the same Item We bequeath to Our Daughters MARY and ELIZABETH's marriage they being married to any outward Poâ—entate by the advise of the aforesaid Counsellours if We bestow Them not in Our life time Ten thousand pounds in money plate jewels and houshold-stuffe for each of Them or a larger summe as to the discretion of Our Executors or the more part of them shall be thought convenient Willing Them on My blessing to be ordered as well in marriage as in all other lawful things by the advise of Our forenamed Counsellours And in case They will not then the summes to be minished at the Counsellours discretions Further Our Will is that from the first hour of Our death until such time as the said Counsellours can provide either of Them or both some Honourable marriages They shall have each of Them MMM li. ultra reprisas to live upon willing and charging the aforesaid Counsellours to limit and appoint to either of Them such sage Officers and Ministers for orderance thereof as it may be employed both to Our Honour and Theirs And for the great love obedience chastnesse of life and wisdome being in Our forenamed Wife and Queen We bequeath unto Her for Her proper use and as it shall please Her to order it MMM li. in plate jewels and stuffe of houshold besides such apparell is it shall please Her to take as She hath already And further We give unto Her M li. in money with the enjoying of Her Dowry and Joynture according to Our Grant by Act of Parliament Item for the kindnesse and good service that Our said Executors have shewed unto Us We give and bequeath unto each of them such summes of money or the value of the same as hereafter ensueth First to the Archbishop of Canterbury vC marks to the Lord Wriothesly vCli. to the Lord St. John vCli. to the Lord Russell vCli. to the Earl of Hertford vCli. to the Viscount Lisle vCli. to the Bishop of Duresme CCC li. to Sir Anthony Browne CCC li. to Sir William Pagett CCC li. to Sir Anthony Denny CCC li. to Sir William Herbert CCC li. to Justice Montague CCC li. to Justice Bromley CCC li. to Sir Edward North CCC li. to Sir Heward Wotton CCC li. to Doctor Wotton CCC li. Also for the speciall love and favour that We bear to Our trusty Counsellours and other Our said Servants hereafter following We give and bequeath unto them such summes of money or the value thereof as is tottad upon their heads First to the Earl of Essex CC li. to Sir Thomas Theny CC li. to the Lord Herbert CC li. to Sir John Gage CC li. to Sir Thomas Seymour CC li. to John Gage CC li. to Sir Thomas Darcy Knight CC li. to Sir Thomas Speke Knight CC marks to Sir Philip Hobbey Knight CC marks to Sir Thomas Paston CC marks to Sir Morrice Barkeley CC marks to Sir Ralph Sadler CC li. to Sir Thomas Carden CC li. to Sir Peter Newtas CC marks to Edward Bullingham CC marks to Thomas Audeley CC marks to Edmund Harman CC marks to John Penne C marks to Henry Nevile a C li. to William Symbarbe C li. to Richard Cooke C li. to John Osborne C li. to David Vincent C li. to James Rufforth Keeper of Our house here C marks to Richard Cecill Yeoman of Our Robes C marks to Thomas Strenhold Groom of Our Robes C marks to John Rowland Page of Our Robes L li. to the Earl of Arundell Lord Chamberlain CC li. to Sir Anthony Wingfield Vice-Chamberlain CC li. to Sir Edmond Peckham CC li. to Sir Richard Rich CC li. to Sir John Baker CC li. to Sir Rich Southwell CC li. to Mr. Doctor Owen C li. to Mr. Doctor Wendy C li. to Mr. Doctor Cromer C li. to Thomas Alssop C marks to Patrick C marks to John Ailef C marks to Henry Forrest C marks to Richard Ferrers C marks to John Holland C marks to the four Gentlemen Ushers of Our chamber being daily Waiters a hundred pound in all And We will that Our Executors or the most part of them shall give Orders for the payment of such Legacies as they shall think meet to such Our ordinary Servants as unto whom We have not appointed any Legacy by this Our present Testament Finally this present Writing in Paper We ordain and make Our last Will and Testament and will the same to be reputed and taken to all intents and purposes for Our good strong available most perfect and last Will and Testament And We doe declare all other Wills and Testaments made at any time by Us to be void and of none effect ¶ In witnesse whereof We have signed it with Our hand in Our Palace at Westminster the thirtieth day of December in the yeare of our Lord God 1546. after the computation of the Church of England and of Our Reign the xxxviij th year being present and called to Witnesse the Persons which have written their names John Gate Ed Harman William Saint-Barbe Henry Nevill Richard Cooke David Vincent Patrick George Owen Thomas Wendy Robert Kewicke William Clerke 51. This the Will was drawn up some two years since When this Will was made before He went to Bologne as is intimated in a passage Be it beyond the sea c. which now was onely fairly written over again without any alteration save that Stephen Gardiner was expunged from being one of His Executors It seems that formerly finding none substituted in Gardiner's room He appointed seventeen Executors that so a decisive Vote might avoid equality of Voices And although in this Will provision is made for multitude of Masses to be said for his soule yet * Fox Acts and Mon. p. 1291. one pretending to extraordinary intelligence herein would perswade us that K. Henry intended in His later daies so thorow a Reformation as not to have left one Masse in the Land if death had not prevented Him 52. Amongst His Servants in ordinary attendance to whom Legacies were bequeathed Legacies scarcely paid Richard Cecil there named Yeoman of the Robes was the Father to William Cecil afterwards Baron of Burghly and Lord Treasurer of England Thomas Sternhold Groom of the Robes and afterwards of the * Balens Cent. pagin 728. ab intimâ—s cubiculis Bed chamber to King Edward the sixth was one of them who translated the Psalmes into English Meeter being then accounted an excellent Poet though he who wore bayes in
witnesses Henceforward 〈…〉 all his first information which from this day sunk 〈◊〉 silence and employed all his power on the proof of Subornation That 〈…〉 too hard for his Teeth to enter and fastned his fangs on a softer place so to pinch the Bishop to purpose yea so expensive was the suit that the Bishop well skilled in the charge of charitable works might with the same cost have built and endowed a small Colledge 84. Some daies before she hearing a Noble Lord of his Majesties Councell In 〈…〉 with the King the Bishops great Friend interposed himself to compound the matter prevailing so farre that on his payment of two thousand pound the Suit should be superseded in the Star-Chamber and he freed from further molessation But at this Lords return the price was risen in the market and besides the aforesaid 〈◊〉 it was demanded of him that to procure his peace he must part with his Deanery of Westminster Parsonage or Walgrave and Prebend of Lincoln which he kept in commendam To this the Bishop answered that he would in no base forgoe those few remainders of the favour which his dead master King James had conferred 〈◊〉 him 85. Not long after another bargain was driven frustrated therein by his great Adversary by the well intended endeavours of the same Lord that seeing his Majesty at that time had much occasion of moneys if he would but double the former summe and lay down four thousand pounds he should be freed from further trouble and might goe home with all his 〈◊〉 about him The Bishop returned that he took no delight 〈◊〉 at law with his Soveraign and thankfully embracing the motion prepared himself for the payment When a great Adversary stepping in so violented his Majesty to a Tryall that all was not onely frustrated but this afterwards urged against the Bishop to prove him conscious of a crime from his forwardness to entertain a composition 86. The day of censure being come July 11. Tuesday Sir John Finch Lord chief Justice fined the Bishop ten thousand pound for tempering to suborn Witnesses His heavy censure Secretary Windebank concurred with that little Bell being the lowdest and shrillest in the whole peaâ— as who alone motioned to degrade him which was lustily pronounced by a Knight and Layman having no precedent for the same in former ages The other Lords brought the fine downe to eight thousand pound and a thousand marks to Sir John Munson with suspension ab officio et beneficio and imprisoning him during the Kings pleasure The Earl of Arundell added that the cause in its self was extraordinary not so much prosecuted by the Atturney as immediately by the King himself recommended to their justice Manchester Lord privy Seal said that this was the first precedent wherein a Master had undone himself to save his Servant 87. The Archbishop of Canterbury did consent thereunto To which the Archbishop of Canterbury did concurre aggravating the fault of subornation of perjury with a patheticall speech of almost an houre long shewing how the world was above three thousand years old before ripe enough to commit so great a wickedness and Jesabell the first in Scripture branded with that infamie whose false Witnesses the holy Spirit refused to name otherwise than under the Character of Men of Belial Wherefore although as he said he himself had been five times down on his knees to his Majesty in the Bishops behalf yet considering the guilt so great he could not but agree with the heaviest censure And although some Lords the Bishops Friends as Treasurer Weston Earl of Dorset c. concurred in the fine with hope the King should have the sole honor of the mitigation thereof yet his Majesties necessaries meeting with the person adjudged guilty and well known for solvable no wonder if the utmost penny of the fine was exacted 88. At the same time were fined with the Bishop Three of his Servants fined with 〈◊〉 George Walker his Secretary Cadwallader Powell his Steward at three hundred pounds a piece and Thomas Lund the Bishop his Servant at a thousand 〈◊〉 all as 〈◊〉 in the same cause yet none of them was imprisoned save Lund for a few weeks and their fine never called upon into this day which the Bishop said was commuted into such Office as hereafter they were go doe in the favour of Kilvert 7. To make this our History entire The complaints against the unjust proceedings against him put in by the Bishop into the Parliament the matter in this particular suite Be it therefore known to the Reader than some foure years after 〈◊〉 1640 when this Bishop was fetch out of the Tower and restored a Peer in Parliament he there in presented severall grievances concerning the indirect prosecution of this cause against him whereof these the principall First that his Adversaries utterly waâ—ed and declined the matter of their first Information about revealing the Kings secrets as hopeless of success therein and sprung a new mine to blow up his credit about perjury in the examination of Witnesses Whereas he conceived it just that all accidentalls and occasionalls should sink with the substance of the accusation otherwise suits would be endless if the branches thereof should still survive when the root doth expire * These complaints I extracted out of the Bishop his Originall Secondly that he was deprived of the benefit of bringing in any exceptions against the Testimonies of Sir John Lambe and Dr. Sibthorp to prove their combination against him because they deposing pro Domino Rege nonâ— must impeach the credit of the Kings Witnesses who must be reputed holy and sacred in what they 〈◊〉 in so much that after Briefs were drawn by Counsells on both sides the Court was moved to expunge those Witnesses which made most against the King and for the Defendant Thirdly that Kilvert used all wayes to menace and intimidate the Bishop his Witnesses frighting them as much as he could out of their own consciences with dangers presented unto them To this purpose he obtained from Secretary Windebank that a Messenger of the Star-chamber one Pechye by name was directed to attend him all along the speeding of the Commission in the Country with his Coat of Armes upon him with power to apprehend and close imprison any person whom Kilvert should appoint pretending from the Secretary Warrants for matters of State and deep consequence so to doe by vertue whereof in the face of the Commission he seised on and committed George Walker and Thomas Lund two materiall Witnesses for the Bishop and by the terror thereof chased away many more whose Depositions were necessary to the clearing of the Bishop his integrity yet when the aforesaid two Prisoners in the custody of the Messenger were produced before Secretary Winebank he told them he had no matters of State against them but turned them over to Kilvert wishing them to give him satisfaction and were not permitted
yet the King permitted him to appoint or prohibit nothing but what was according to His own will and pleasure and what the King had b Idem ibid. ordained before 9. Lastly Barons not to be excommunicated without the Kings command King William suffered no Bishop to excommunicate any of his Barons or Officers for adultery incest or any such hainous crime except by the Kings Command first made acquainted with the same Here the word Baron is not to be taken in that restrictive sense to which the modern acception hath confined it onely for such of the higher Nobility which have place and Votes in Parliament but c J. Selden Sptcilegium ed Eadmeium pag 168. generally for such who by Tenure en cheef or in Capite as they term it held land immediately of the King And an English d Robert of Glocester Poet counted the Virgil of his age and the Ennius in ours expresseth as much in his Rythmes which we here set down with all the rust thereof without rubbing it off remembring how one e Camdens Elizabeth Anno 1584. John Throkmorton a Justicer of Cheshire in Queen Elizabeth's dayes for not exhibiting a judicial Concord with all the defects of the same but supplying or filling up what was worn out of the Authentical Original was fined for being over officious and therefore take them with their faults and all as followeth The berthe was that noe man that of the King huld ought In Chief or in eni Servise to Manling were throught Bote the wardenis of holy Chirch that brought him thereto The King lede or his Bailifes wat he had misdoe And loked verst were thei to amendment it bring And bote by wolde by their lebe doe the Manling And a grave f Radulphus de diceto sub Anno 11â—3 Author gives a good reason why the King must be inform'd before any of his Barons be excommunicated lest otherwise saith he the King not being certified thereof should out of ignorance unawares communicate with persons excommunicated when such Officers of His should come to kiss His hand be called to his Councel or come to perform any personal attendance about Him Hitherto we have seen how careful the Conqueror was in preserving His own right in Church-matters We will conclude all with the Syllogisme which the g L. Cooks Reports fift part de Jure Regis Ecclesiastico fol. 10. Oracle of the Common-Law frameth in this manner It is agreed that no man onely can make any appropriation of any Church having cure of souls being a thing Eccelesiastical and to be made to some person Ecclesiastical but he that hath Ecclesiastical Jurisdiction But William the first of himself without any other as King of England made appropriation of Churches with cure to Ecclesiastical persons as by many instances may appear Therefore it followeth that He had Ecclesiastical Jurisdiction And so much concerning King William's policy in doing justice to His own power Proceed we now to His bounty confirming old and conferring new favors upon the Church and Clergie 10. First whereas before his time the Sheriff and Bishop joyntly kept their Courts together especially at the two solemn times Bishops jurisdictions first severed from the Sheriffs about Easter and Michaelmas King William in favour of the Clergie assigned the Bishops an a See this cleared by Mr Selden in his notes on Ead. merus pag. 167. entire jurisdiction by themselves wherein they should have cognizance of all causes relating to Religion I say relating to Religion a latitude of a cheverel extension adequate almost to the minde of him that will stretch it out and few Ecclesiastical Judges would lofe what might be got by measuring Now formerly whilest the power of Sheriff and Bishop went hand in hand together in the same Court neither could much outstrip other but but since they were severed the Spiritual power far outwent its old mate improving his own by impairing the Secular Courts and henceforward the Canon-law took the firmer footing in England Date we from hence the squint-eies of the Clergie whose sight single before was hereafter divided with double looks betwixt two objects at once the Pope and the King to put him first whom they eyed most acting hereafter more by forrain then domestick interest 11. A learned pen makes a just complaint The contest betwixt Commen and Canon Law how onely to be reconciled that b Lord Bacen in his advancement of Learning pag. 463. Aphorisme 96. Courts which should distribute peace do themselves practice duels whilest it is counted the part of a resolute Judge to enlarge the priviledge of his Court A grievance most visible in contest betwixt the Common and the Canon Law which as if they were stars of so different an Horizon that the elevation of the one necessitated the depression of the other lie at catch and wait advantages one against another So that whilest both might continue in a convenient and healthful habitude if such envious corrivalitie were deposed now alternately those Courts swell to a tympany or waste to a consumption as their Judges finde themselves more or less strength'ned with power or befriended with favour A mischief not to be remedied till either that mutual consent or a predominant power to both impartially state their jurisdictions rightly seting down the land-marks thereof and binding their proceedings not to exceed their bounds which would both advance learning and expedite the execution of Justice 12. To return to King William King William his Charter to the Clergie As He conferred power on so he confirmed profit to the Clergie Witness his c See it at large in Mr. Selden of tythes cap. 8. pag. 225. Charter granting them thorowout England tythes of calves colts lambs milk butter cheese woods meadows mills c. Which Charter is concluded 't is the strong hem keeps all the cloth from reveling out Qui decimam detinuerit per justitiam Episcopi Regis si necesse fuerit ad redditionem d Others read it adigatur Let him be compelled â—rguatar Who shall detain his tythes by the power of the Bishop and King if need be let him be argued into the payment thereof And Kings arguments we know are unanswerable as aâ— authoritate carrying power and pehalties with them This Charter might seem to give the tenth loaf of all the bread in the land into the hands of the English Clergie But the municipal laws which were afterwards made did so chip and pare this loaf with their Modus decimandi that in many places Vicaridges especially a small shiver of bread fals to the share of the Minister not enough for his necessary maintenance 13. And here Two contrary characters of King William to make a short but needful digression I finde in eminent Writers two contrary characters of King William Some make him an arrand Tyrant ruling onely by the Magna Charta of his own will oppressing all English without cause
is a great deal when it must be taken from a new-shorne sheep so pilled and polled were all people before with constant exactions Such whom his hard usage forced beyond the seas were recalled by his Proclamation So that his heavy leavies would not suffer them to live here and his hard Laws would not permit them to depart hence And when the Clergy complain'd unto him to be eased of their burdens I beseech you said he have ye not coffins of gold and silver for dead mens bones intimating that the same treasure might otherwise be better imployed 36. The streams of discord began now to swell high variance between the King and Anselme betwixt the King and Arch-Bishop Anselme flowing principally from this occasion At this time there were two Popes together so that the Eagle with two heads the Arms of the Empire might now as properly have fitted the Papacy for the present Of these the one Guibertus I may call the Lay-Pope because made by Henry the Emperor the other Vrban the Clergy-Pope chosen by the Conclave of Cardinals Now because like unto like King William sided with the former whilest Anselme as earnestly adhered to Vrban in his affections desiring to receive his Pall from him which the King resused to permit Hereupon Anselme appealed to his Pope whereat King William was highly offended 37. But Their several pleadings and present reconcilement because none are able so emphatically to tell their stories and plead their causes as themselves take them in them in their own words The King Objected The custome from my Father's time hath been in England that no person should appeal to the Pope without the Kings license He that breaketh the customs of my Realm violateth the power and Crown of my Kingdom He that violateth and taketh away my Crown is a Traytor and enemy against me Anselme Answered The Lord hath discussed this question Give unto Cesar the things that are Cesars and unto God the things that are Gods In such things as belong to the terrene dignities of temporal Princes I will pay my obedience but Christ said Thou art Peter and upon this rock I will build my Church c. Whose Vicar he ought to obey in spiritual matters and the fetching of his Pall was of that nature At last an expedient was found out that Anselme should not want his Pall nor fetch it himself from Rome being by the King's consent brought to him by Gualter Pope Urban's Legate whom the King at last was fain to acknowledg and so all things for the present reconciled 38. But the wound betwixt them was rather skinned over They disagree again then perfectly healed and afterwards brake out again the King taking occasion of displeasure at Anselmes backwardness to assist him in his expedition into Wales Whereupon Anselme desired a second journey to Rome there to bemoan and probably to relieve himself by complaint to the Pope But the King stopt his voyage affirming that Anselme had led so pious a life he need crave no absolution at Rome and was so well stored with learning that he needed not to borrow any counsel there Yea said the King Vrban had rather give place to the wisdom of Anselme then Anselme have need of Urban In fine after much contesting Anselme secretly stole out of the Realm and the King seized all his goods and lands into his own coffers Three years was he in exile somtimes at Lions sometimes at Rome welcome wheresoever he came and very serviceable to the Church by his pious living painfull preaching learned writing and solid disputing especially in the general Councel of Bar where he was very useful in confuting and condemning the errours of the Greek-Church about the Procession of the Holy Spirit 39. King Rufus was a hunting in New-Forest 14. Aug. 2. which was made by King William 1100 his Father King Rufus his death not so much out of pleasure or love of the game as policy to clear and secure to himself a fair and large landing-place for his forces out of Normandy if occasion did require Here then was a great devastation of Towns and Temples the place being turned into a wilderness for Men to make a Paradise for Deer God seemed displeased hereat for amongst other Tragedies of the Conquerors family acted in this place Rufus was here slain by the glancing of an arrow shot by S r Walter Tirrel An unhappy name to the Kings of England this man casually and another wilfully S r James Tirrel employed in the murthering of King Edward the fifth having their hands in royal bloud Now it is seasonably remembred that some yeers since this King William had a desperate disease whereof he made but bad use after his recovery and therefore now Divine Justice would not the second time send him the summons of a solemn visitation by sickness but even surprized him by a sudden and unexpected death 40. Thus died King William Rufus His hurial and character leaving no issue and was buried faith my a John Bromton pag. 997. Author at Winchester multorum Procerum conventu paucorum verò planctu many Noble-men meeting but few mourning at his funerals Yet some who grieved not for his death grieved at the manner thereof and of all mourners Anselme though in exile in France expressed most cordial sorrow at the news of his death A valiant and prosperous Prince but condemn'd by Historians for covetousness cruelty and wantonness though no woman by name is mentioned for his Concubine probably because thrifty in his lust with mean and obscure persons But let it be taken into serious consideration that no pen hath originally written the life of this King but what was made by a Monkish pen-knife and no wonder if his picture seem bad which was drawn by his enemy And he may be supposed to fare the worse for his opposition to the Romish usurpation having this good quality to suffer none but himself to abuse his Subjects stoutly resisting all payments of the Popes imposing Yea as great an enemy as he was conceiv'd to the Church he gave to the Monks called De Charitate the great new Church of S t Saviours in Bermondsey with the Manor thereof as also of Charlton in Kent 41. Henry Beauclarke Henry the first succeedeth Rufus and is crowned his brother succeeded him in the Throne one that crossed the common Proverb The greatest Clerks are not the wisest men being one of the most profoundest Scholars and most politick Princes in his generation He was Crowned about four dayes after his brothers death Anno Dom. 1100. At that time Anno Regis Hen. 1. the present providing of good swords was accounted more essential to a Kings Coronation then the long preparing of gay clothes Such preparatory pomp as was used in after-ages at this Ceremony was now conceived not onely useless but dangerous speed being safest to supply the vacancy of the Throne To ingratiate himself to
other strangers in London to have and to hold for them their heirs and successours in Frank Almonage to be a meeting-place for them therein to attend God's Word and Sacraments He ordered also that hereafter it should be called by the new name of the Church of the Lord IESUS and incorporated the said Superintendent Ministers and Congregation to be a body politick for all purposes and intents empowering them from time to time in the vacancy of a Superintendent to chuse name and substitute any able and fit person in that place provided that the person so chosen be first presented to the King His Heirs and Successours to be approved and confirmed by them in the Office of the Ministerie enjoyning all Archbishops Bishops and other Officers Quòd permittant praefatis g The Letters are kept in the Dutch Church and exemplified in Iohannes Utenbovius in his narration of the Dutch Congregation pag. 13. c. Superintendenti Ministris Sucessoribus suis liberè quietè frui gaudere uti exercere ritus ceremonias suas proprias disciplinam Ecclesiasticam propriam peculiarem non obstante quòd non conveniant cum ritibus ceremoniis in Regno nostro usitatis That they permit the foresaid Superintendent and Ministers and their Successours freely and quietly to hold enjoy use and exercise their own proper rites and ceremonies and their proper and peculiar Church-discipline notwithstanding that they agree not with the rites and ceremonies used in Our Kingdome 34. Now followed the fatall tragedy of the Duke of Somerset Womens brawles Mens thralles and we must recoile a little to fetch forward the cause thereof Thomas Seymour Baron of Sudely and Lord Admirall the Protectours younger Brother had married the Lady Katharine Parre the Relict of King Henry the eighth A contest arose betwixt their Wives about place the Protectresse as I may call her refusing to give it to the Kings Dowager Yet was their precedencie no measuring cast but clear in the view of any unpartiall eye Nor needed other Herauld to decide the controversie than the Kings own Injunctions a Vide supra in the first of this King wherein after prayer for His own Royall person Ministers were commanded to pray for the Queen Dowager even before the Kings Sisters Mary and Elizabeth the Protectour under whom his Lady must claim place being placed last in the List of their Devotions 35. The Womens discords derived themselves into their Husbands hearts Lord Thomas â—eymour executed for Treason Whereupon not long after followed the death of the Lord Thomas Seymour arraigned for designing to traslate the Crown to himself though having neither Title to pretend unto it nor effectual Interest to atchieve the same Let b 1 King 2. Adonijah and this Lord's example deterre Subjects from medling with the Widows of their Soveraigns left in the same match they espouse their own danger and destruction This Lord thus cut off the Protectour stood alone on his own bottome at which his enemies daily endevoured to undermine 36. Soon after the Lords of the Councel resolved to accuse him of many high offences A tripartite accusation Of these Lords some were Lawyers as the Lord Wriothesley lately the Lord Rich then Lord Chancellour Sir Edward Montague Chief Justice c. some Martialists as S r Ralph Sadler Treasurer to the Army and some meer Statesmen as William Pawlet Lord Treasurer and their accusations participated of the severall conditions of the Accusers The Lawyers charge him for bringing Westminster-hall into Somerset-house keeping there a Court of Request and therein determining Titles of Land to the apparent injury of the Subject Military men taxed him for his Sumptuous buildings having their Morter tempered with the tears of Souldiers Wives and Children whose wages he detained and for betraying Bolloigne and other places in France to the Enemy States-men chiefly insisted on his engrossing all power to himself that whereas by the constitution of the Protectourship he was to act nothing without the advice of King Henry's Executours he solely transacted matters of the highest consequence without their privity 37. Here I must set John Dudley Earl of Warwick as a Transcendent in a form by himself Earle of Warwick the Proectors grand enemy being a competent Lawyer Ann. Dom. 1551. Son to a Judge known Soldier Ann Reg. Ed 6 5. and able States man and acting against the Protector to all these his capacities Indeed he was the very soul of the Accusation being all in all in every part thereof And seeing the Protector was free spirited open hearted humble hard to distrust easie to forgive The other proud suttle close cruell and revengefull it was impar congressus betwixt them almost with as much disadvantage as betwixt a naked and an armed person 38. Hereupon The Protector accused and imprisoned yet restored he was imprisoned at Windsor in a place antiently called c Fox Acts Mon. pag. Beauchamp's Tower it seems by a sad Prolepsis but never verified till now when this Vâ—count Beauchamp by his original honour was therein consined and hence was he removed to the Tower of London However although all this happened in the worst juncture of time viz in the disjuncture of his best Friend the Lord Russell Privie Seal then away in the West yet by his own innocence his other Friends endeavour the Kings interposing and Divine Providence he was acquitted and though outed his Protectorship restored and continued Privie Counsellour as in the King's Diarie was formerly observed 39. But after two years and two months Accused the second time his enemies began afresh to assault him hoping that as the first stroak shak'd the next would fell him to the ground Indeed Warwick who had too powerfull an influence upon all the Lords could not erect his intended Fabrick of Soveraignty except he first cleared the ground work from all obstructive rubbish whereof this Duke of Somerset was the Principall In whose absence the Lords met at the Councell Table where it was contrived how all things should be ordered in relation to his Arraignment 40. R. Rich Lord Chancellor then living in great S. Bartholomews though outwardly concurring with the rest Lord Rich his Servants dangerous mistake began now secretly to favour the Duke of Somerset and sent him a Letter therein acquainting him with all passages at the Councell Board superscribing the same either out of haste or familiarity with no other direction save To the Duke enjoying his Servant a raw attendant as newly entred into the family safely to deliver it The man made e This story attested to me by his great grand childe the Earl or Warwick more haste than good speed and his Lord wondring at his quick return demanded of him where the Duke was when he deliver'd him the Letter In Charter-house said his Servant on the same token that he read it at the window and smiled thereat But the
to oppose and the flattery of the Courtiers most willing to comply matters were made as sure as mans policy can make that good which is bad in it self But the Commons of England who for many yeers together had conn'd loyalty by-heart out of the Statute of Succession were so perfect in their lesson that they would not be put out of it by this new started designe so that every one proclaimed Mary next Heir in their consciences and few daies after King Edwards death all the project miscarried of the plotters whereof some executed more imprisoned most pardoned all conquered and Queen Mary crowned Thus though the streame of Loyalty for a while was violently diverted to runne in a wrong channell yet with the speediest opportunitie it recovered the right course again 2. But now in what manner this Will of King Edwards was advanced The truth of the carriage of Sr. Edward Mountagu in his drawing up the Will of King Edw. the sixth that the greatest blame may be laid on them who had the deepest guilt the following answer of Sr. Edward Mountagu Lord Chief Justice of the Common-Pleas accused for drawing up the Will and committed by Queen Mary to prison for the same will truly acquaint us The original whereof under his own hand was commnuicated unto me by his great grandchilde Edward Lord Mountagu of Boughton and here faithfully exemplified SR Edward Mountagu Knight late chief-Chief-Justice of the Common Pleas received a letter from Greenwich dated the eleventh day of June last past signed with the hands of the Lord Treasurer the Duke of Northumberland John Earl of Bedford Francis Earl of Shrewsburie the Earl of Pembroke the Lord Clynton the Lord Darcie John Gate William Peter William Cecill John Cheke whereby he was commanded to be at the Court on the morrow by one of the clock at after-noon and to bring with him Sr. John Baker Justice Bromley the Attorney and Solicitour General and according to the same all they were there at the said hour of one of the clock And after they were brought to the presence of the King the Lord Treasurer the Marquesse of Northampton Sr. John Gate and one or two more of the Councill whose names he doth not now remember were present And then and there the King by His own mouth said that now in His sicknesse he had considered the state of this His Realm and Succession which if He should decease without Heir of His body should go to the Lady Mary who was unmarried and might marry a stranger-borne whereby the Lawâ— of this Realm might be altered and changed and His Highnesse proceedings in Religion might be altered Wherefore His pleasure was that the state of the Crown should go in such forme and to such persons as His Highnesse had appointed in a Bill of Articles not signed with the Kings hand which were read commanded them to make a Book thereof accordingly with speed And they finding divers faults not onely for the incertainty of the Articles but also declaring unto the King that it was directly against the Act of Succession which was an Act of Parliament which would not be taken away by no such devise Notwithstanding His Highnesse would not otherwise but that they should draw a Book according to the said Articles which he then took them and they required a reasonable time of His Highnesse for the doeing thereof and to consider the Laws and Statutes made for the Succession which indeed were and be more dangerous then and of them they did consider and remember and so they departed commanding them to make speed And on the morrow all the said persons met and perusing the said Statutes there grew this question amongst them whether it were presently treason by the words of the Statute of Anno primo Edvardi Sexti or no treason till it were put in execution after the Kings death because the words of the Statute are the King His Heirs and Successours because the King can have no Successours in His life but to be sure they were all agreed that it were the best and surer way to say to the Lords that the execution of this devise after the Kings decease was not onely treason but the making of this devise was also presently treason as well in the whole Councell as in them and so agreed to make their report without doing any thing for the execution thereof And after Sr. William Peter sent for the said Sr. Edward to Eely-place who shewed him that the Lords required great speed in the making of the said Book and he told him there were none like to be made for them for the danger aforesaid And after that the said S. Edward with the rest of his company went to the Court and before all the Council the Duke of Northumberland being not in the Council-chamber made report to the Lords that they had considered the Kings Articles and also the Statutes of Succession whereby it appeared manifestly that if they should make any Book according to the Kings commandment they should not onely be in danger of treason but also their Lordships all wherefore they thought it their bounden duties to declare the danger of the Laws unto them and for avoiding of the danger thereof they had nothing done therein nor intended to doe the Laws being so dangerous and standing in force The Duke of Northumberland having intelligence of their answer either by the Earle of Huntington or by the Lord Admiral cometh into the Council-Chamber before all the Council there benign in a great rage and fury trembling for anger and amongst his ragious talk called the said Sr. Edward Traitour and further said that he would fight in his shirt with any man in that quarrel as all the whole Council being there will report whereby the said Sr. Edward with the rest were in great fear and dread in special Mr. Bromley and the said Sr. Edward for Mr. Bromley told the said after that he dread then that the Duke would have striken one of them and after they were commanded to go home and so departed in great fear without doing any thing more at that time wishing of God they had stood to it as they did then unto this time And after the said Sr. Edward received another letter dated at Greenwich the 14 th of June last past signed with the hands â—f the Lord Treasurer the Earl of Bedford the Marquesse of Northampton the Earle of Shrewsburie the Lord Clynton the Lord Cobham the Lord Darcy William Peter John Gate John Cheeke whereby he was commanded to bring with him Sr. John Baker Justice Bromley and Mr. Gosnolde and to be at the Court on the morrow by one of the clock at after-noon where all they were at the same houre and conveyed into a chamber behinde the Dining-Chamber there and all the Lord looked upon them with earnest countenance as though they had not known them So that the said Sr. Edward with the other might perceive there