Constitutional History of England, Henry VII to George II. Volume 1 of 3Hallam, Henry
History
Constitutional History of England, Henry VII to George II. Volume 1 of 3
Hallam, Henry
Constitutional history -- Great Britain
_Attainder of Lord Seymour._--It soon became evident that, if the new
administration had not fully imbibed the sanguinary spirit of their late
master, they were as little scrupulous in bending the rules of law and
justice to their purpose in cases of treason. The Duke of Somerset,
nominated by Henry only as one of his sixteen executors, obtained almost
immediately afterwards a patent from the young king, who during his
minority was certainly not capable of any valid act, constituting him
sole regent under the name of protector, with the assistance indeed of
the rest as his counsellors, but with the power of adding any others to
their number. Conscious of his own usurpation, it was natural for
Somerset to dread the aspiring views of others; nor was it long before
he discovered a rival in his brother, Lord Seymour of Sudeley, whom,
according to the policy of that age, he thought it necessary to destroy
by a bill of attainder. Seymour was apparently a dangerous and
unprincipled man; he had courted the favour of the young king by small
presents of money, and appears beyond question to have entertained a
hope of marrying the Princess Elizabeth, who had lived much in his house
during his short union with the queen dowager. It was surmised that this
lady had been poisoned to make room for a still nobler consort.[50] But
in this there could be no treason; and it is not likely that any
evidence was given which could have brought him within the statute of
Edward III. In this prosecution against Lord Seymour, it was thought
expedient to follow the very worst of Henry's precedents, by not hearing
the accused in his defence. The bill passed through the upper house, the
natural guardian of a peer's life and honour, without one dissenting
voice. The Commons addressed the king that they might hear the
witnesses, and also the accused. It was answered that the king did not
think it necessary for them to hear the latter, but that those who had
given their depositions before the Lords might repeat their evidence
before the lower house. It rather appears that the Commons did not
insist on this any farther; but the bill of attainder was carried with a
few negative voices.[51] How striking a picture it affords of the
sixteenth century, to behold the popular and well-natured Duke of
Somerset, more estimable at least than any statesman employed under
Edward, not only promoting this unjust condemnation of his brother, but
signing the warrant under which he was beheaded!
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