The History of England, Volume III Henry VIII His ministers
by David Hume
These favourable prepossessions of the public were encouraged by the measures which Henry embraced in the commencement of his reign. His grandmother, the countess of Richmond and Derby, was still alive; and as she was a woman much celebrated for prudence and virtue, he wisely shewed great deference to her opinion in the establishment of his new council. The members were, Warham, archbishop of Canterbury, and chancellor; the earl of Shrewsbury, steward; lord Herbert, chamberlain; Sir Thomas Lovel, master of the wards and constable of the Tower; Sir Edward Poynings, comptroller; Sir Henry Marney, afterwards lord Marney; Sir Thomas Darcy, afterwards lord Darcy; Thomas Ruthal, doctor of laws; and Sir Henry Wyat.n These men had long been accustomed to business under the late king, and were the least unpopular of all the ministers employed by that monarch.
But the chief competitors for favour and authority under the new king, were the earl of Surrey, treasurer, and Fox, bishop of Winchester, secretary and privy seal. This prelate, who enjoyed great credit during all the former reign, had acquired such habits of caution and frugality as he could not easily lay aside; and he still opposed, by his remonstances, those schemes of dissipation and expence, which the youth and passions of Henry rendered agreeable to him. But Surrey was a more dexterous courtier; and though few had borne a greater share in the frugal politics of the late king, he knew how to conform himself to the humour of his new master; and no one was so forward in promoting that liberality, pleasure, and magnificence, which began to prevail under the young monarch.o By this policy he ingratiated himself with Henry; he made advantage, as well as the other courtiers, of the lavish disposition of his master; and he engaged him in such a course of play and idleness as rendered him negligent of affairs, and willing to entrust the government of the state entirely into the hands of his ministers. The great treasures amassed by the late king, were gradually dissipated in the giddy expences of Henry. One party of pleasure succeeded to another: Tilts, tournaments and carousals were exhibited with all the magnificence of the age: And as the present tranquillity of the public permitted the court to indulge itself in every amusement, serious business was but little attended to. Or if the king intermitted the course of his festivity, he chiefly employed himself in an application to music and literature, which were his favourite pursuits, and which were well adapted to his genius. He had made such proficiency in the former art, as even to compose some pieces of church-music which were sung in his chapel.p He was initiated in the elegant learning of the ancients. And though he was so unfortunate as to be seduced into a study of the barren controversies of the Schools, which were then fashionable, and had chosen Thomas Aquinas for his favourite author, he still discovered a capacity fitted for more useful and entertaining knowledge. The frank and careless humour of the king, as it led him to dissipate the treasures, amassed by his father, rendered him negligent in protecting the instruments whom that prince had employed in his extortions. A proclamation being issued to encourage complaints, the rage of the people was let loose on all informers, who had so long exercised an unbounded tyranny over the nation:q They were thrown into prison, condemned to the pillory, and most of them lost their lives by the violence of the populace. Empson and Dudley, who were most exposed to public hatred, were immediately summoned before the council, in order to answer for their conduct, which had rendered them so obnoxious. Empson made a shrewd apology for himself, as well as for his associate. He told the council, that, so far from his being justly exposed to censure for his past conduct, his enemies themselves grounded their clamour on actions, which seemed rather to merit reward and approbation: That a strict execution of law was the crime, of which he and Dudley were accused; though that law had been established by general consent, and though they had acted in obedience to the king, to whom the administration of justice was entrusted by the constitution: That it belonged not to them, who were instruments in the hands of supreme power, to determine what laws were recent or obsolete, expedient or hurtful; since they were all alike valid, so long as they remained unrepealed by the legislature: That it was natural for a licentious populace to murmur against the restraints of authority; but all wise states had ever made their glory consist in the just distribution of rewards and punishments, and had annexed the former to the observance and enforcement of the laws, the latter to their violation and infraction: And that a sudden overthrow of all government might be expected, where the judges were committed to the mercy of the criminals, the rulers to that of the subjects.r
Notwithstanding this defence, Empson and Dudley were sent to the Tower; and soon after brought to their trial. The strict execution of laws, however obsolete, could never be imputed to them as a crime in a court of judicature; and it is likely, that, even where they had exercised arbitrary power, the king, as they had acted by the secret commands of his father, was not willing that their conduct should undergo too severe a scrutiny. In order, therefore, to gratify the people with the punishment of these obnoxious ministers, crimes very improbable, or indeed absolutely impossible, were charged upon them; that they had entered into a conspiracy against the sovereign, and had intended, on the death of the late king, to have seized by force the administration of government. The jury were so far moved by popular prejudices, joined to court influence, as to give a verdict against them; which was afterwards confirmed by a bill of attainder in parliament,s and, at the earnest desire of the people, was executed by warrant from the king. Thus, in those arbitrary times, justice was equally violated, whether the king sought power and riches, or courted popularity.
[n] Herbert, Stowe, p. 486. Hollingshed, p. 799.
[o] Lord Herbert,
[p] Ibid.
[q] Herbert, Stowe, p. 486. Hollingshed, p. 799. Polyd. Virg. lib. 27.
[r] Herbert, Hollingshed, p. 804.
[s] This parliament met on the 21st January, 1510. A law was there enacted, in order to prevent some abuses which had prevailed during the late reign. The forfeiture upon the penal statutes was reduced to the term of three years. Costs and damages were given against informers upon acquittal of the accused: More severe punishments were enacted against perjury: The false inquisitions procured by Empson and Dudley, were declared null and invalid. Traverses were allowed; and the time of tendering them enlarged. 1 H. 8. c. 8, 10, 11, 12.
