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Published online by Cambridge University Press: 12 June 2012
A document of the highest constitutional importance, and of much historical interest, is in the possession of William Staunton esquire, of Longbridge House, near Warwick, who has entrusted it to my care with the view of its being submitted to the inspection of the Society. It is an original Patent of King Edward the Sixth, dated on the 24th of December, in the first year of his reign, appointing the Duke of Somerset to be Governor of his person, Protector of the Realm, and Lieutenant and Captain-general of the Wars.
page 463 note a Act 28 Hen. VIII. c. 7. Statutes at Large, authorised edition, vol. iii. p. 661.
page 465 note b Rapin calls the executors “regents “and the assistants “councillors.” The former title may perhaps be borne out by the terms of the will, but the function was not assumed, either in name or reality, by the executors at large.
page 465 note c The office of great master of the household conveyed, it is believed, the presidency of the council, the great master being the supreme vicegerent within the royal court. A letter of the earl of Sussex written on the 31st Jan. styles lord St. John lord president of the council and great master (MS. Cotton. Titus, B. II. printed in Strype, Memorials, ii. 11), and he continued president after the period of Somerset's protectorship.
page 466 note d So in the King's own Diary; in Holinshed, Hatfield. The record in the College of Arms (presently quoted) states that the Earl of Hertford and Sir Anthony Browne, and a great number of noblemen of the realm, with knights, pensioners, esquires, and gentlemen, did ride the same day (Friday) to the court of the said noble Prince.
page 466 note e In the MS. Cotton. Titus, B. II. art. 50, p. 104, is “The forme of a Commission by the King to his Counseill,” (six pages): it is undated, but seems to have been drawn up immediately on Edward's accession, as no Protector is mentioned.
page 466 note f His consultation with Paget, the secretary of state, is testified by two letters of that councillor, which refer to this period, and were written with a view of checking the Duke in his subsequent self-confident policy. They are dated May 8, and July 7, 1549, and are printed in Strype, Memorials, vol. ii. Repository, pp. 107, 109, from MS. Cotton. Titus, F. III.
page 466 note g I. 7. f. 29.
page 467 note h These remarkable words “a certayn proposicion,” and the clause “because it was expedient,” &c., are omitted in Strype's copy of this narrative.
page 467 note i i. e. aid.
page 467 note j i. e.. cap.
page 467 note k Holinshed's Chronicle.
page 467 note l Pat. 1 Edw. VI. p. 6; printed in Rymer, xv. 125.
page 468 note m Ibid, (but not printed in Rymer). The patent of barony to his brother Sir Thomas Seymour was also dated Feb. 16.
page 468 note n Ibid.
page 468 note o See further particulars, derived from the Council Book, in Burnet, 1715, vol. ii. p. 15.
page 468 note p Burnet states this passed in the Council the 13th March; but the patent is dated the day before.
page 469 note k They are enrolled in 1 Edw. VI. pars 4; and again in 2 Edw. VI. pars 7, and also entered on the Register of the Privy Council, if. 126–137.
page 469 note l The party of Councillors which took the first steps towards Somerset's downfall on the 6th Oct. 1549, was more numerous than that which appointed him. They were, St. John, Warwick, Arundel, Southampton, North, Cheynie, Southwell, Peckham, and the two Wottons (of whom St. John and Cheynie had been among those who raised him). They were joined on the next day by seven others, and afterwards by all. Writing, on the 7th, to the few lords with the King and Somerset at Windsor, they say, “Consider, my lords, for Godds sake, we hartely pray you, that we be almost the hole Counsell.”—See their letters in Ellis's Original Letters, 1st Series, vol. ii. pp. 168, 171, 173, 175, from the originals in the Cotton. MSS. also other copies from the Council book, and some other letters, in Burnet, vol. ii. Collection of Records, Nos. 41 to 45.
page 470 note m Rot. Pat.
page 470 note n Ibid.
page 470 note o This patent is printed in Rymer's Fœdera, &c. vol. xv. p. 174, but under a wrong year, 1548 instead of 1547. This error (which may have arisen from its having been enrolled on the Patent Roll of the second year, as hereinafter noticed,) has misled Rapin (vol. ii. p. 12), who has applied it to the time when (as he supposed) the Protector required authority to send the Earl of Shrewsbury as Lieutenant-general, on the second year's campaign with Scotland. Another copy of this patent will be found in Starkey's extracts from the Privy Council register, MS. Harl. 352, ff. 56–61. Burnet, vol. ii. p. 31, erroneously gives its date as August 21. It is in Latin, having been probably derived from former precedents in that language, whilst the English patents for the office of Protector were devised for the occasion. English charters and deeds became common in the reign of Henry VIII.
page 470 note p See this patent in MS. Harl. 352, ff. 62–64. It is in Latin, with the blazon of the arms in French, and in English (as above quoted).
page 471 note q Itymer's Fœdera, &c. vol. xv. p. 162; also Lords’ Journals, vol. i. p. 293.
page 471 note r Lords’ Journals, i. p. 312. On the very few and unimportant differences remarks will be made hereafter. (See note v.)
page 472 note s In the following list of the Councillors’ names, as given in this second Patent, the Executors of King Henry's Will are marked (E) and the Assistants (A).
I have added their styles and offices, if different, in the Will and in the Patent of the 13th March, and their subsequent promotions in title.
(E) Thomas (Cranmer), archbishop of Canterbury.
(A) Richard lord Rich, lord chancellor of England. [In the Will sir Richard Rich, knight.]
(E) William lord Seynt John, great maister of the king's household. [Afterwards earl of Wiltshire, and lastly marquess of Winchester.]
(E) John lord Russell, lord keeper of the privy seal. [Afterwards earl of Bedford.]
(A) William marquess of Northampton. [In the Will earl of Essex.]
(E) John earl of Warwick, great chamberlain of England. [In the Will viscount Lisle, high admiral of England. Afterwards duke of Northumberland.]
(A) Henry earl of Arundel, lord chamberlain.
(A) Thomas lord Seymour of Sudeley, high admiral of England. [In the Will sir Thomas Seymour.]
(E) Cuthbert (Tonstall) bishop of Durham.
(A) Sir Thomas Cheynie, kni7/7/2010 2:47PMght of the garter, and treasurer of the household.
(A) Sir John Gage, knight of the garter. [In the Will and the former Patent comptroller of the household.]
(E) Sir Anthony Browne, knight of the garter, and master of the king's horses. [Afterwards viscount Montagu.]
(A) Sir Anthony Wingfield, knight of the garter, vice-chamberlain.
(E) Sir William Paget, knight of the garter, comptroller of the household. [In the Will “our chief secretary.” Afterwards lord Paget.]
(A) Sir William Petre, knt. “our secretary.” [In the Will “one of our two principall secretaries.”]
(A) Sir Ralph Sadler, knt. master of the great wardrobe.
(A) Sir John Baker, knt. [He was speaker of the house of commons in 1549.]
(E) Doctor Wotton, dean of Canterbury and York.
(E) Sir Anthony Denny, knt. gentleman of the privy chamber.
(E) Sir William Herbert, knt. gentleman of the privy chamber. [Afterwards earl of Pembroke.]
(E) Sir Edward North, knt. chancellor of the court of augmentations and revenues of the crown. [Afterwards lord North.]
(E) Sir Edward Mountague, knt. chief justice of the common pleas.
(E) Sir Edward Wotton, knt.
(E) Sir Thomas Bromley, knt. one of the justices of the king's bench.
(A) Sir Edmund Peckham, knt. [In the former Patent cofferer of the household.]
(A) Sir Richard Southwell, knt.
page 473 note t The Protector exercised this privilege by making Bryan, Sadler, and Vane bannerets in Scotland. (King Edward's Diary.) Sir Francis Bryan was Captain of a band in number 2,000. Sir Ralph Vane was Lieutenant of all the men-at-arms and demi-lances. He afterwards suffered death with the Duke of Somerset.
page 473 note u This is nearly double the number of the signatures that were attached to the settlement of the Crown upon Lady Jane Grey; which was signed only by the King, the chancellor, and thirty three councillors and judges. Burnet, 1715, ii. 211.
page 473 note v The following variations in the list of Peers “present” according to the Lords’ Journal are probably errors either of the clerk, the transcriber, or the press:—1, Lord Seymour of Sudeley is not marked with a p. as present. 2. The bishop of St. David's is not marked as preent,s but the bishop of Bath and Wells, who occurs next, is: as the former is so marked the day before, and not the latter, the probability is greater that this is an error between the two names. 3. The bishop of Worcester is not marked as present; but he also is the day before. Edward lord Grey of Powis occurs in the Lords’ Journals under the title of “Ds. Poiz.”
page 474 note w Lords’ Journals.
page 474 note x Lords’ Journals. He was also Secretary for the French tongue. Strype, Memorials, ii. 478.
page 475 note y Rymer, xv. 164.
page 476 note z For the “Articles objected to the Duke of Somerset,” see Burnet, ii. Collection of Records, p. 173 and Rapin, ii. 18. On the 13th Oct. the Duke signed a Confession of the Articles charged against him, of which Confession see Burnet, ii. 134.
page 476 note a As referred to in a former note. See also Burnet, ii. 130; Carte, iii. 240.
page 476 note b See p. 489.
page 477 note a Vol. ii. p. 362.
page 477 note b Strype, Mem. ii. 185.
page 477 note c Vol. ii. p. 48.
page 478 note d the Nobilities. Pat. Roll.
page 480 note e At Mussleborough, fought Sept. 10, 1547. King Edward's Diary.
page 484 note f iuste. Rot. Pat.
page 485 note g tokens. Hot. Pat.
page 486 note h So in both copies.
page 487 note i liegemen. Rot. Pat.
page 488 note j So in both copies.