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Lord Rochford, Norris, one Smeton a musician, and Brereton and another gentleman of the bed-chamber, were likewise apprehended, and brought to trial on the accusation of criminal intercourse with the queen. They were all convicted; but from the few particulars which have come down to us, it seems to be justly inferred, that the evidence produced against some at least of these unhappy gentlemen, was slight and inconclusive. Lord Rochford is universally believed to have fallen a victim to the atrocious perjuries of his wife, who was very improperly admitted as a witness against him, and whose infamous conduct was afterwards fully brought to light. No absolute criminality appears to have been proved against Weston and Brereton; but Smeton confessed the fact. Norris died much more generously: he protested that he would rather perish a thousand times than accuse an innocent person; that he believed the queen to be perfectly guiltless; he, at least, could accuse her of nothing; and in this declaration he persisted to the last. His expressions, if truly reported, seem to imply that he might have saved himself by criminating the queen: but besides the extreme improbability that the king would have shown or promised any mercy to such a delinquent, we know in fact that the confession of Smeton did not obtain for him even a reprieve: it is therefore absurd to represent Norris as having died in vindication of the honor of the queen; and the favor afterwards shown to his son by Elizabeth, had probably little connexion with any tenderness for the memory of her mother, a sentiment which she certainly exhibited in no other circumstance.

The trial and condemnation of the queen followed. The process was conducted with that open disregard of the first principles of justice and equity then universal in all cases of high treason: no counsel were assigned her, no witnesses confronted with her, and it does not appear that she was even informed of Smeton's confession: but whether, after all, she died innocent, is a problem which there now exist no means of solving, and which it is somewhat foreign from the purpose of this work to discuss.

One part of this subject, however, on account of the intimate relation which it bears to the history of Elizabeth, and the influence which it may be presumed to have exercised in the formation of her character, must be treated somewhat at large.

The common law of England, by an anomaly truly barbarous, denounced, against females only, who should be found guilty of high treason, the punishment of burning. By menaces of putting into execution this horrible sentence, instead of commuting it for decapitation, Anne Boleyn was induced to acknowledge some legal impediment to her marriage with the king; and on this confession alone, Cranmer, with his usual subserviency, gratified his royal master by pronouncing that union null and void, and its offspring illegitimate.

What this impediment, real or pretended, might be, we only learn from a public declaration made immediately afterwards by the earl of Northumberland, stating, that whereas it had been pretended, that a precontract had subsisted between himself and the late queen, he has declared upon oath before the lords of the council, and taken the sacrament upon it, that no such contract had ever passed between them. In explanation of this protest, the noble historian of Henry VIII.¹ furnishes us with the following particulars. That the earl of Northumberland, when lord Percy, had made proposals of marriage to Anne Boleyn, which she had accepted, being yet a stranger to the passion of the king; that Henry, unable to bear the idea of losing her, but averse as yet to a declaration of his sentiments, employed Wolsey to dissuade the father of lord Percy from giving his consent to their union, in which he succeeded; the earl of Northumberland probably becoming aware how deeply the personal feelings of the king were concerned: that lord Percy, however, refused to give up the lady, alleging in the first instance that he had gone too far to recede with honor; but was afterwards compelled by his father to form another matrimonial connexion. It should appear by this statement, that some engagement had in fact subsisted between Northumberland and Anne; but there is no necessity for supposing it to have been a contract of that solemn nature which, according to the law as it then stood, would have rendered null the subsequent marriage of either party. The protestation of the earl was confirmed by the most solemn sanctions; which there is no ground for supposing him capable of violating, especially as on this occasion, so far from gaining any advantage by it, he was likely to give high offence to the king. If then, as appears most probable, the confession by which Anne Boleyn disinherited and illegitimatised her daughter was false; a perjury so wicked and cowardly must brand her memory with everlasting infamy:—even should the contrary have been the fact, the transaction does her little honor; in either case it affords ample justification to that daughter in leaving, as she did, her remains without a monument and her conduct without an apology.

The precarious and equivocal condition to which the little Elizabeth was reduced by the divorce and death of her mother, will be best illustrated by the following extracts of a letter addressed soon after the event, by lady Bryan her governess, to lord Cromwel. It may at the same time amuse the modern reader to remark the minute details on which, in that day, the first minister of state was expected to bestow his personal attention.

"…My lord, when your lordship was last here, it pleased you to say, that I should not mistrust the king's grace, nor your lordship. Which word was more comfort to me than I can write, as God knoweth. And now it boldeneth me to show you my poor mind. My lord, when my lady Mary's grace was born, it pleased the king's grace to [appoint] me lady mistress, and made me a baroness. And so I have been to the children his grace have had since.

"Now, so it is, my lady Elizabeth is put from that degree she was afore; and what degree she is at now, I know not but by hearsay. Therefore I know not how to order her, nor myself, nor none of hers that I have the rule of; that is, her women and her grooms. Beseeching you to be good lord to my lady and to all hers; and that she may have some rayment. For she hath neither gown, nor kirtle, nor petticoat, nor no manner of linen, nor foresmocks, nor kerchiefs, nor sleeves, nor rails, nor body-stitchets, nor mufflers, nor biggins. All these, her grace's mostake², I have driven off as long as I can, that, by my troth, I cannot drive it no lenger. Beseeching you, my lord, that you will see that her grace may have that is needful for her, as my trust is ye will do—that I may know from you by writing how I shall order myself; and what is the king's grace's pleasure and yours, that I shall do in every thing.

"My lord, Mr. Shelton saith he is the master of this house: what fashion that shall be, I cannot tell; for I have not seen it before.—I trust your lordship will see the house honourably ordered, howsomever it hath been ordered aforetime.

"My lord, Mr. Shelton would have my lady Elizabeth to dine and sup every day at the board of estate. Alas! my lord, it is not meet for a child of her age to keep such rule yet. I promise you, my lord, I dare not take it upon me to keep her in health and she keep that rule. For there she shall see divers meats and fruits, and wine: which would be hard for me to restrain her grace from it. Ye know, my lord, there is no place of correction there. And she is yet too young to correct greatly. I know well, and she be there, I shall nother bring her up to the king's grace's honour, nor hers; nor to her health, nor my poor honesty. Wherefore I show your lordship this my desire. Beseeching you, my lord, that my lady may have a mess of meat to her own lodging, with a good dish or two, that is meet for her grace to eat of.

"God knoweth my lady hath great pain with her great teeth, and they come very slowly forth: and causeth me to suffer her grace to have her will, more than I would. I trust to God and her teeth were well graft, to have her grace after another fashion than she is yet: so as I trust the king's grace shall have great comfort in her grace. For she is as toward a child, and as gentle of conditions, as ever I knew any in my life. Jesu preserve her grace! As for a day or two at a hey time, or whensomever it shall please the king's grace to have her set abroad, I trust so to endeavour me, that she shall so do, as shall be to the king's honour and hers; and then after to take her ease again.

"Good my lord, have my lady's grace, and us that be her poor servants in your remembrance.

"From Hunsdon." (No date of time.)

On the day immediately following the death of the unfortunate Anne Boleyn, the king was publicly united in marriage to Jane Seymour; and an act of parliament soon after passed by which the lady Elizabeth was declared incapable of succeeding to the crown, which was now settled on the offspring of Henry by his present queen.

CHAPTER II

1536 TO 1542

Vague notions of hereditary succession to the English throne.—Henry's jealousy of the royal family.—Imprisonment of lord T. Howard and lady M. Douglas.—After-fortunes of this lady.—Princess Mary reconciled with her father.—Dissolution of monasteries proceeds.—Insurrections in Lincolnshire and Yorkshire.—Remarkable trait of the power of the nobles.—Rebellion of T. Fitzgerald.—Romantic adventures of Gerald Fitzgerald.—Birth of prince Edward.—Death of the queen.—Rise of the two Seymours.—Henry's views in their advancement.—His enmity to cardinal Pole.—Causes of it.—Geffrey Pole discloses a plot.—Trial and death of lord Montacute, the marquis of Exeter, sir Edward Nevil, and sir N. Carew.—Particulars of these persons.—Attainder of the marchioness of Exeter and countess of Salisbury.—Application of these circumstances to the history of Elizabeth.—Decline of the protestant party.—Its causes.—Cromwel proposes the king's marriage with Anne of Cleves.—Accomplishments of this lady.—Royal marriage.—Cromwel made earl of Essex.—Anger of the Bourchier family.—Justs at Westminster.—The king determines to dissolve his marriage.—Permits the fall of Cromwel.—Is divorced.—Behaviour of the queen.—Marriage of the king to Catherine Howard.—Ascendency of the papists.—Execution of the countess of Salisbury—of lord Leonard Grey.—Discovery of the queen's ill-conduct.—Attainders passed against her and several others.

Nothing could be more opposite to the strict principles of hereditary succession than the ideas entertained, even by the first lawyers of the time of Henry VIII., concerning the manner in which a title to the crown was to be established and recognised.

When Rich, the king's solicitor, was sent by his master to argue with sir Thomas More on the lawfulness of acknowledging the royal supremacy; he inquired in the course of his argument, whether sir Thomas would not own for king any person whatever,—himself for example,—who should have been declared so by parliament? He answered, that he would. Rich then demanded, why he refused to acknowledge a head of the church so appointed? "Because," replied More, "a parliament can make a king and depose him, and that every parliament-man may give his consent thereunto, but a subject cannot be bound so in case of supremacy³." Bold as such doctrine respecting the power of parliaments would now be thought, it could not well be controverted at a time when examples were still recent of kings of the line of York or Lancaster alternately elevated or degraded by a vote of the two houses, and when the father of the reigning sovereign had occupied the throne in virtue of such a nomination more than by right of birth.

But the obvious inconveniences and dangers attending the exercise of this power of choice, had induced the parliaments of Henry VIII. to join with him in various acts for the regulation of the succession. It was probably with the concurrence of this body, that in 1532 he had declared his cousin, the marquis of Exeter, heir to the crown; yet this very act, by which the king excluded not only his daughter Mary, but his two sisters and their children, every one of whom had a prior right according to the rules at present received, must have caused the sovereignty to be regarded rather as elective in the royal family than properly hereditary—a fatal idea, which converted every member of that family possessed of wealth, talents, or popularity, into a formidable rival, if not to the sovereign on the throne, at least to his next heir, if a woman or a minor, and which may be regarded as the immediate occasion of those cruel proscriptions which stained with kindred blood the closing years of the reign of Henry, and have stamped upon him to all posterity the odious character of a tyrant.

The first sufferer by the suspicions of the king was lord Thomas Howard, half-brother to the duke of Norfolk, who was attainted of high treason in the parliament of 1536, for having secretly entered into a contract of marriage with lady Margaret Douglas, the king's niece, through which alliance he was accused of aiming at the crown. For this offence he was confined in the Tower till his death; but on what evidence of traitorous designs, or by what law, except the arbitrary mandate of the monarch confirmed by a subservient parliament, it would be difficult to say. That his marriage was forbidden by no law, is evident from the passing of an act immediately afterwards, making it penal to marry any female standing in the first degree of relationship to the king, without his knowledge and consent.

The lady Margaret was daughter to Henry's eldest sister, the queen-dowager of Scotland, by her second husband the earl of Angus. She was born in England, whither her mother had been compelled to fly for refuge by the turbulent state of her son's kingdom, and the ill success of her own and her husband's struggles for the acquisition of political power. In the English court the lady Margaret had likewise been educated, and had formed connexions of friendship; whilst her brother James V. laboured under the antipathy with which the English then regarded those northern neighbours, with whom they were involved in almost perpetual hostilities. It might easily therefore have happened, in case of the king's death without male heirs, that in spite of the power recently bestowed on him by parliament of disposing of the crown by will, which it is very uncertain how he would have employed, a connexion with the potent house of Howard might have given the title of lady Margaret a preference over that of any other competitor. Henry was struck with this danger, however distant and contingent: he caused his niece, as well as her spouse, to be imprisoned; and though he restored her to liberty in a few months, and the death of Howard, not long afterwards, set her free from this ill-starred engagement, she ventured not to form another, till the king himself, at the end of several years, gave her in marriage to the earl of Lenox; by whom she became the mother of lord Darnley, and through him the progenitrix of a line of princes destined to unite another crown to the ancient inheritance of the Plantagenets and the Tudors.

The princess Mary, after the removal of Anne Boleyn, who had exercised towards her the utmost insolence and harshness, ventured upon some overtures towards a reconciliation with her father; but he would accept them on no other conditions than her adopting his religious creed, acknowledging his supremacy, denying the authority of the pope, and confessing the unlawfulness of her mother's marriage. It was long before motives of expediency, and the persuasion of friends, could wring from Mary a reluctant assent to these cruel articles: her compliance was rewarded by the return of her father's affection, but not immediately by her reinstatement in the order of succession. She saw the child of Anne Boleyn still a distinguished object of the king's paternal tenderness; the new queen was likely to give another heir to the crown; and whatever hopes she, with the catholic party in general, had founded on the disgrace of his late spouse, became frustrated by succeeding events.

The death of Catherine of Arragon seemed to have removed the principal obstacles to an agreement between the king and the pope; and the holy father now deigned to make some advances towards a son whom he hoped to find disposed to penitence: but they were absolutely rejected by Henry, who had ceased to dread his spiritual thunders. The parliament and the convocation showed themselves prepared to adopt, without hesitation, the numerous changes suggested by the king in the ancient ritual; and Cromwel, with influence not apparently diminished by the fall of the late patroness of the protestant party, presided in the latter assembly with the title of vicegerent, and with powers unlimited.

The suppression of monasteries was now carried on with increasing rigor, and thousands of their unfortunate inhabitants were mercilessly turned out to beg or starve. These, dispersing themselves over the country, in which their former hospitalities had rendered them generally popular, worked strongly on the passions of the many, already discontented at the imposition of new taxes, which served to convince them that the king and his courtiers would be the only gainers by the plunder of the church; and formidable insurrections were in some counties the result. In Lincolnshire the commotions were speedily suppressed by the interposition of the earl of Shrewsbury and other loyal noblemen; but it was necessary to send into Yorkshire a considerable army under the duke of Norfolk. Through the dexterous management of this leader, who was judged to favor the cause of the revolters as much as his duty to his sovereign and a regard to his own safety would permit, little blood was shed in the field; but much flowed afterwards on the scaffold, where the lords Darcy and Hussey, sir Thomas Percy, brother to the earl of Northumberland, and several private gentlemen, suffered as traitors.

The suppression of these risings strengthened, as usual, the hands of government, but at the expense of converting into an object of dread, a monarch who in the earlier and brighter period of his reign had been regarded with sentiments of admiration and love.

In lord Herbert's narrative of this insurrection, we meet with a passage too remarkable to be omitted. "But the king, who was informed from divers parts, but chiefly from Yorkshire, that the people began there also to take arms, and knowing of what great consequence it might be if the great persons in those parts, though the rumour were false, should be said to join with him, had commanded George earl of Shrewsbury, Thomas Manners earl of Rutland, and George Hastings earl of Huntingdon, to make a proclamation to the Lincolnshire-men, summoning and commanding them on their allegiance and peril of their lives to return; which, as it much disheartened them, so many stole away," &c.

In this potency of the hereditary aristocracy of the country, and comparative feebleness, on some occasions at least, of the authority of the most despotic sovereign whom England had yet seen on the throne, we discern at once the excuse which Henry would make to himself for his severities against the nobility, and the motive of that extreme popularity of manners by which Elizabeth aimed at attaching to herself the affections of the middling and lower orders of her subjects.

Soon after these events, Henry confirmed the new impressions which his subjects had received of his character, by an act of extraordinary, but not unprovoked, severity, which involved in destruction one of the most ancient and powerful houses among the peerage of Ireland, that of Fitzgerald earl of Kildare. The nobleman who now bore this title had married for his second wife lady Elizabeth Grey, daughter of the first marquis of Dorset, and first-cousin to the king by his mother; he had been favored at court, and was at this time lord deputy of Ireland. But the country being in a very disturbed state, and the deputy accused of many acts of violence, he had obeyed with great reluctance a summons to answer for his conduct before the king in council, leaving his eldest son to exercise his office during his absence. On his arrival, he was committed to the Tower, and his son, alarmed by the false report of his having lost his head, broke out immediately into a furious rebellion. After a temporary success, Thomas Fitzgerald was reduced to great difficulties: at the same time a promise of pardon was held out to him; and confiding in it he surrendered himself to lord Leonard Grey, brother to the countess his step-mother. His five uncles, also implicated in the guilt of rebellion, were seized by surprise, or deceived into submission. The whole six were then conveyed to England in the same ship; and all, in spite of the entreaties and remonstrances of lord Leonard Grey, who considered his own honor as pledged for the safety of their lives, were hanged at Tyburn.

The aged earl had died in the Tower on receiving news of his son's rash enterprise; and a posthumous attainder being issued against him, his lands and goods were forfeited. The king however, in pity to the widow, and as a slight atonement for so cruel an injustice, permitted one of her daughters to retain some poor remains of the family plate and valuables; and another of them, coming to England, appears to have received her education at Hunsdon palace with the princesses Mary and Elizabeth her relations. Here she was seen by Henry earl of Surry, whose chaste and elegant muse has handed her down to posterity as the lovely Geraldine, the object of his fervent but fruitless devotion. She was married first to sir Anthony Brown, and afterwards became the wife of the earl of Lincoln, surviving by many years her noble and unfortunate admirer.

The countess of Kildare, and the younger of her two sons, likewise remained in England obscure and unmolested; but the merciless rancour of Henry against the house of Fitzgerald still pursued its destitute and unoffending heir, who was struggling through a series of adventures the most perilous and the most romantic.

This boy, named Gerald, then about twelve years old, had been left by his father at a house in Kildare, under the care and tuition of Leverous a priest who was his foster-brother. The child was lying ill of the small-pox, when the news arrived that his brother and uncles had been sent prisoners to England: but his affectionate guardian, justly apprehensive of greater danger to his young charge, wrapped him up as carefully as he could, and conveyed him away with all speed to the house of one of his sisters, where he remained till he was quite recovered. Thence his tutor removed him successively into the territories of two or three different Irish chieftains, who sheltered him for about three quarters of a year, after which he carried him to his aunt the lady Elenor, at that time widow of a chief named Maccarty Reagh.

This lady had long been sought in marriage by O'Donnel lord of Tyrconnel, to whose suit she had been unpropitious: but wrought upon by the hope of being able to afford effectual protection to her unfortunate nephew, she now consented to an immediate union; and taking Gerald along with her to her new home in the county of Donegal, she there hospitably entertained him for about a year. But the jealous spirit of the implacable king seemed to know no rest while this devoted youth still breathed the air of liberty, and he caused a great reward to be offered for his apprehension, which the base-minded O'Donnel immediately sought to appropriate by delivering him up. Fortunately the lady Elenor discovered his intentions in time, and instantly causing her nephew to disguise his person, and storing him, like a bountiful aunt, with "sevenscore portugueses," she put him under the charge of Leverous and an old servant of his father's, and shipped him on board a vessel bound for St. Malo's.

Having thus secured his escape, she loftily expostulated with her husband on his villainy in plotting to betray her kinsman, whom she had stipulated that he should protect to the utmost of his power; and she bid him know, that as the danger of the youth had alone induced her to form any connection with him, so the assurance of his safety should cause her to sequester herself for ever from the society of so base and mercenary a wretch: and hereupon, collecting all that belonged to her, she quitted O'Donnel and returned to her own country.

Gerald, in the mean time, arrived without accident in Bretagne, and was favorably received by the governor of that province, when the king of France, being informed of his situation, gave him a place about the dauphin. Sir John Wallop however, the English embassador, soon demanded him, in virtue of a treaty between the two countries for the delivering up of offenders and proscribed persons; and while the king demurred to the requisition, Gerald consulted his safety by making a speedy retreat into Flanders. Thither his steps were dogged by an Irish servant of the embassador's; but the governor of Valenciennes protected him by imprisoning this man, till the youth himself generously begged his release; and he reached the emperor's court at Brussels, without further molestation. But here also the English embassador demanded him; the emperor however excused himself from giving up a fugitive whose youth sufficiently attested his innocence, and sent him privately to the bishop of Liege, with a pension of a hundred crowns a month. The bishop entertained him very honorably, placing him in a monastery, and watching carefully over the safety of his person, till, at the end of half a year, his mother's kinsman, cardinal Pole, sent for him into Italy.

Before he would admit the young Irishman to his presence, the cardinal required him to learn Italian; and allowing him an annuity, placed him first with the bishop of Verona, then with a cardinal, and afterwards with the duke of Mantua. At the end of a year and a half he invited him to Rome, and soon becoming attached to him, took him into his house, and for three years had him instructed under his own eye in all the accomplishments of a finished gentleman. At the end of this time, when Gerald had nearly attained the age of nineteen, his generous patron gave him the choice either of pursuing his studies or of travelling to seek his adventures. The youth preferred the latter; and repairing to Naples, he fell in with some knights of Rhodes, whom he accompanied to Malta, and thence to Tripoli, a place at that time possessed by the order, whence they carried on fierce war against the "Turks and miscreants," spoiling and sacking their villages and towns, and taking many prisoners whom they sold to the Christians for slaves. In these proceedings, the young adventurer took a strenuous and valiant part, much to his profit; for in less than a year he returned to Rome laden with a rich booty. "Proud was the cardinal to hear of his prosperous exploits," and increased his pension to three hundred pounds a year. Shortly after, he entered into the service of Cosmo duke of Florence, and remained three years his master of the horse.

The tidings of Henry's death at length put an end to his exile, and he hastened to London in the company of some foreign embassadors, and still attended by his faithful guardian Leverous. Appearing at king Edward's court in a mask, or ball, he had the good fortune to make a deep impression on the heart of a young lady, daughter to sir Anthony Brown, whom he married; and through the intercession of her friends was restored to a part of his inheritance by the young monarch, who also knighted him. In the next reign, the interest of cardinal Pole procured his reinstatement in all the titles and honors of his ancestors. He was a faithful and affectionate subject to queen Elizabeth, in whose reign he turned protestant; was by her greatly favored, and finally died in peace in 1585.⁴

That ill-directed restlessness which formed so striking a feature in the character of Henry VIII. had already prompted him to interfere, as we have seen, on more than one occasion, with the order of succession; and the dangerous consequences of these capricious acts with respect to the several branches of the royal family have already been observed. To the people at large also, his instability on so momentous a point was harassing and alarming, and they became as much at a loss to conjecture what successor, as what religion, he would at last bequeath them.

Under such circumstances, great indeed must have been the joy in the court and in the nation on the occurrence of an event calculated to end all doubts and remove all difficulties—the birth of a prince of Wales.

This auspicious infant seemed to strangle in his cradle the serpents of civil discord. Every lip hastened to proffer him its homage; every heart united, or seemed at least to unite, in the general burst of thankfulness and congratulation.

The zealous papists formed the party most to be suspected of insincerity in their professions of satisfaction; but the princess Mary set them an excellent example of graceful submission to what was inevitable, by soliciting the office of godmother. Her sister was happily too young to be infected with court-jealousies, or to behold in a brother an unwelcome intruder, who came to snatch from her the inheritance of a crown: between Elizabeth and Edward an attachment truly fraternal sprung up with the first dawnings of reason; and notwithstanding the fatal blow given to her interests by the act of settlement extorted from his dying hand, this princess never ceased to cherish his memory, and to mention him in terms of affectionate regret.