Georgian Books, Statutes of the Realm Volume 3 Chapter 21

Statutes of the Realm Volume 3 Chapter 21 is in Statutes of the Realm Volume 3.

Catherine Howard Tower of London Executions

The Bill of Atteynder of Mestres Katherin Hawarde (age 19) late Quene of England, and divers other psonnes her complices.

Note 1. From the Original Act in the Parliament Office in the Bundle of the Thirty-seventh Year of this Reign. See the Note at the Beginning of this Year; and Note to Chapter XX.

Note 2. This Act was given assent on 11th February 1542.

In theyre moste humble wyse besechen your most royall Ma^tethe Lordes spiritual and temporal and all other your moste loving and obedient Subjects the Commons of this your moste highe Courte of Parliament assembled; That where, besydes any Mannes expectacion, suche chaunce hath happenyd, by M^resKatheryne Haward whiche your Highnes tooke to your Wief, bothe to your Ma^tie chieflie and so consequentlie to us all that the lyke we thinke hathe scarse be seen, the lykelyhoods and apparences being so farre contrarye to that whiche by evydent and due profe is now founde trewe; First, that it wooll please your Ma^tie to take it in suche parte as therby arryse not to us all a greater inconvenience, whiche is the trouble of your hart and unquietnes of your mynde, for that shulde be a shortenyng of that whiche we all shulde repente and moste desyre the contrarye; Secondelie, that it wolde please your Ma^tie to pardon all your loving Subjects which syns theys matiers came to theyre knowledge have detested and abhorryd her for this facte bothe in woorde maner and deade, and of woords utteryd by them of her and her adherents not maintenable in your lawes, considering that they did and doo it oonlie for the greate zeale and love that they bere to your Ma^tie and the abhomynacion of the detestable facte; Thirdelye that synnes it pleased your Ma^tie uppon those lyklye outward apparaunces to take the saide M^res Katheryne Howard to your Wief and Quene of your most excellent goodnes, and for a godlie purpose, and allso moste liberallye to endue her with greate possessions, for the maintenance of the same, thinking and taking her at that tyme to be chaste and of pure cleane and honest lyving, the contrarye wherof is now dulye proved bothe by her owne confession and others also, And that allso shee after the mariage betwene your Ma^tie and her, tooke most trayterouslye to her service the same person with whome she used that vicious lyef before, whose name was Fraunces Dereham, and used him in many secret conferences and messagges after, as by his confession and attaindor dothe more plainlie appere; calling allso to her service in rowme of Chamberer a woman whiche was pryvie to her naughtie lief before, wherby she hathe shewed a greate apparaunce and in manner a dew prof of will to retorne to her olde and abhomynable lief with the forsaide persone; and yet she not satisfied with thies abhomynable carnall desyres, the ende wherot how penllous it was and might have been to your Ma^tie and persone were harde to expresse, hathe allso synnes that tyme most traytorouslye confederated herself with the Ladye Jane Rocheford wydowe, late wief of George Boleyn Knight late Lorde Rocheforde, to bring her vicious and abhomynable purpose to passe with Thomas Culpepper Esquier late oon of the Gentlemen of your Grace's privye Chambre, by whose meanes the Quene brought to passe that the saide Thomas Culpepper and she mett in a secrett and vyle place, and that at an undue hower of a xj a Clocke in the night, and so remayned there with him till three of the Clocke in the morninge, none being with them but that Bawde the Ladye Jane Rocheford, by whose meanes Thomas Culpepper came thither, and there they all three and at other conferencf togyther afterward most falselie and traiterouselye comytted and perpetrated many detestable and adhomynable treasons, to the most fearefull pill and daunger of the distrucén of your most royall pson and to thuttre losse disheryson and desolacdn of this your Realme of England, if God of his infinite goodenes had not in due tyme brought the saide treasons to light; of and for whiche treasons beinge nanifestelie and plainlie proved, aswell by the confession of the saide Quene and other the saide parties as by dyverse other witnesses: and profes, the saide Fraunces Dereham and Thomas Culpep have been lawfullye and truely and according to the lawes of the Realme convycted and attainted, And the saide Quene and Jane Lady Rocheford be lawfully indyted, insomuche that Thoms Culpep and Fraunces Dereham have justlie suffered therfore paines of Death accordyng to theyre merytes as by the Record¢ therof more plainlie at lardge may appere: It may therfore please your Highnes of your most excellent and accustumable goodnes, and for the entier love favo' and hartye affection that youre Ma^tie hath allwaies hertofore borne and yet beryth to the comen welthe of this your Realme of Englande, and for the conservacyon of your most excellent Highnes and posteryte, and of the good peax unitie and rest of us yo^r most bounden and obedient Subject, to graunte and assente at the most humble desyer and peticion of yo^r loving and obedient Subjects the Lordes spiritual and temporal and the Commons in this present parliament assembled, That this theyre lawfull indytements and attaindors of suche as have latelie sufferyd may be approved by thauctoritie of this present parliament: And that it nay be enacted that the saide Quene Katheryne and Jane Ladye Rocheford, for theyre saide abhominable and detestable treasons by theym and every of theym most abomynablie and trayterouslie comytted and doon against yo^r Ma^tie and this your Realme, shalbe by thaucthoryte of this pnt parliament convicted and attainted of Highe Treasone; and that the same Quene Katheryne and Jane Lady Rocheford and eyther of them shall have and suffre paynes of Death losse of goode catalls debts fermes and all other things as in cases of Highe treason by the lawes of this your Realme hath been accustumed graunted and gyven to the Crowne: And also that the saide Quene Katheryne Jane Ladye Rochford Thomas Culpep and Fraunces Dereham, and every of theym, shall lose and forfaite to your Highnes and to your heyres all suche right tytle interest use and possession, whiche they or any of them had the xxv^th daye of August in the xxxiij^th yere of your reygn or any tyme sythens, of in or to all suche theyre Hono's manours meases lands tenements rents reversions remaynders uses possessions offices rights condicions and all other theyre hereditament of what names natures or qualities soever they be; and that all suche rights title interest use and possession, whiche they or any of them had or of right ought to have the saide xxv^th daye of August or any tyme sythen, of in or to the same Hono's castells manours meases land tefitf rent reversions remayndoures uses possessions office rights comodities and hereditament, by thauctorytie aforsaide shalbe demed vested and judged to be in thactuall and reall possession of your Ma^tie, without any office or inquisicion therof hereafter to be taken or founde according to the comen lawes of this your Realme.

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2. General Saving on such Forfeitures.

Saving to every pson and psones and bodies politique and to theyre heyres assignes and successours and every of them, other then the saide Queene Katheryne Jane Ladie Rochford Thom's Culpep and Fraunces Dereham and theyre heyres and everye of theym herafter clayming the premisses as heyre by or from them or by or from any of theym, and all and everye other psone and psones clayming by theym or any of theym or to theyre uses or to thuse of any of theym or to thuse of any of theyre sayde heyres, all suche right tytle use possession interest reversion remayndre entrees fees office rent afiuytees comons and all other comoditees and heredytamentf what so ever they or any of theyn might coulde or ought to have had if this Acte had never ben had ne made.

3. The Royal Assent shall be given to this Act by Commision.

And fourthlie, forasmuche as thies forsaide most abhomynable and detestable high Treasons have so muche touched the pill of your moste royall psone, the daungier and trouble of this your hole Realme, And in respect thereof it were requysite that condigne punysshement shulde be had and spedelie provyded for the rest of theym whiche yet have not sufferyd, and not to be delayed nor protracted to thende or prorogadén of this pnt parliament, whiche is most chieflie called and somdned for other general causes and matieres for the wealthe of this Realme, Therfore youre moste humble and obedient Subjectf the Lord spuall and tempal and Cdmons in this pnt parliament assembled moste humblie beseche your most Royall Ma^te, that when they with oon assent be agreed and accordyd uppon this Acte, for that it shulde not be requysite to trouble your Ma^te for accesse in yo^r most royall psone to thuppre house to assent to the same, nor convenient that your Ma Royall Assent shulde be protracted to thende or prorogadtn of this pliament, that then it maye please your Ma", for exemple of speadie punysshement of suche detestable and abhomynable treaons to graunte youre moste Royall Assente to the saide Acte by your tres patent€ to be signed with your most gracyous hande and to be putt undre your greate seall of England, and so to be notyfied and publisshed in the higher house to the Lords spuall and temporall and your Comons in this parliament there to be assembled for that pourpose, and after that to be and stonde as a pfect Acte and to be putt in due execution accordinglie with convenyent spede.

                    4. Ann Duchess of Norfolk, and Katherine Countess of Bridgewater, indicted of Misprision of Treason; Petition for her Attainder; Lord W. Howard, and others, convicted and attainted of such Misprision at Common Law; Petition for Confirmation thereof, and Forfeitures and Imprisonment thereon;
                
                    And fyvethlie, where allso Agnes Duches of Norff Wydowe, and Katheryne Countesse of Bridgewater wief of the Right Honorable Henrye Erle of Bridgewater, have been lawfullie truelie and according to the Lawes of ie Realme indyted of Mysprysion of High Treason, for the conceyling of the first detestable and abhomynable treasons and yet not arreygned nor atteynted of the same, that they nowe maye be by Acte of pliament convicted and atteynted of the same; and that seying the Lorde Willam Howarde, the Lady Margaret Howarde his Wief, Edwarde Walgrave, Katheryne Tylney, Alice Restwold, Johanne Bulmer, Anne Howard, Robert Damporte, Malyn Tylney, Margaret Bennet and William Assheby were and be of the saide Mysprysion of High Treason alreadie convicte and attainted by the due course and ordre of the Comon Lawes of this Realme, as by the Records thereof more plainlie at lardge apperyth; that this theyre just conviction and atraindor may allso be approved by acte of parliament; And that the saide Agnes Duches of Norff Katheryne Countesse of Bridgewater Lorde Will'm Howarde Ladye Margaret Howarde Edward Walgrave Katheryne Tylney Alice Restwoolde Johanne Bulmer Anne Howarde Robert Damporte Malyn Tylney Margaret Bennet and Willam Assehby, and everye of theym, shall lose and forfeyt to your Highnes all theyre goodes catalles leases for yeres money plate jewells and debts, and have imprysonment of theyre bodies during theyre Iyves; 
                
                    And allso that all theyre manours meases land tenement possessions and heredytaments shalbe seased remayne and contynew into your Mates hands during theyre natural Lyves, if theyre tytles and interest so long endure.
                
                    And that your Highnes shalbe aunsweryd of the rents revenues issues and pfitts therof from the first daye of Octobe in the xxxiijth yere of your reigne during theyr saide lyves if theyr tytles and interest¢ so long endure:

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...with Saving for Titles of Strangers;

Saving to all and every psone and psones and bodies politique and to the heyres successours and assignes of every of theim, other then the saide Agnes Duchesse of Norff Katheryne Countesse of Bridgewater Lorde Will^am Howarde Ladye Margarett Howarde Fdwarde Walgrave Katheryne Tylney Alice Restwolde Johanne Bulmer Anne Howarde Roberte Damporte Malyn Tylney Margaret Benet and Will" Asshebye, all suche right tytle use possession interests fees offices rents annuytees commons and all other heredytaments comodytees and profytts what so ever they or any of them mought shoulde or ought to have had in or to the premisses if this Acte had never been had ne made:

This said petition declared enacted

Therfor be it enacted by the King Ma^tie with thassent of the Lords spual and temporal and the Comns in this pnt

5. Royal Assent by Commission declared valid in the present Case, and in all others.

And ensuing the forsaide peticion concerning the Kings Royall Assent, to be doon and had by the King tres patentes to be assigned with the Kings hand and sealed with his greate Seall as is aforesaide, And to avoyde all doutes and ambiguitees herafter towching the same; Be it declared by aucthoryte of this pnt parliament, that the King Royall Assent by his tres patents undre his greate Seall, and assigned with his hande, and declared and notyfied in his absence to the Lorde spual and temporall and the Comons assembled together in the [high¹] hous, is and ever was of as good strength and force as though the King¢ psone had been there psonally pnt and had assentyd openlye and publykely to the same: And be it allso enacted that this Royall Assent and all other Royall Assent herafter to be so gyven by the Kings of this Realme and notyfied as is aforsaide, shalbe taken and reputyd good and effectual to all intent and [and²] pourposes, without doubte or ambiguite; Any custome or use to the contrary notwithstanding.

Note 1. higher see III ante.

Note 2. An errooneous repetition.

6. Pardon of Persons concerned in detection, &c. of the Queen.

And be it further enacted by thauctoryte aforsaide, that all and every psone or psones whiche have not oonlie by theyre woords spoken utteryd and publisshed, but allso in theyre deads doon dyvysed and sett forthe by wrytinge all that they coulde fer bringing this High Treason of the saide Quene and her Complices to light, and allso to seke and searche all due meanes for condigne punysshement to be had for thies horrible and detestable treasons misprysions and offence afore rehersed, or otherwyse have spoken detested and abhorred her saide abhomynable offence, shalbe clerelie pdoned acquyted and dischardged for the same againste the Kings Highnes his heyres and successours for ever.

7. Any Lightness of Conduct in the Queen for the Time being may be revealed to the King, or to any of his Council;

And although it were not convenyent that suche a fredome and lybertye were gyven to subjects without good grounde they might secretlie murmure sedicious sclaundre openly defame theyre Quene and M^res, soo allso were it unmete and daungerous to the suretye of our Soveraigne Lorde and Kinge (being a just cause) to be [construed¹] by any lawe to kepe it and conceyle it frome him or soome of his counsaill, whiche of dutye both shulde and ought shortlie after to notice the same unto him, therfor be it enacted by the Kings Ma^te with thassent of the Lords spiritual and temporal and the Comons in this pnt Parliament assembled, that it shalbe leful for any of the Kings Subjects and liege, if they themselves privately knowe or by vehement presumption may and doo perceive any will acte or condition of lightnes of bodie in her whiche for the tyme beinge shalbe Quene of this Realme, that they may lawfullie disclose the game unto his Ma^te or soome of his Counsaill, whiche they thinke will disclose the same unto his Highnes; any Acte Statute or Lawe made to the contrary notwithstanding: Provyded nevertheles that they shall not openlye blowe it abrode nor privately whisp it in other folkes eares, wherby a sclaunder myght ryse of her, till it be dyvulged by thassent of his Highnes or his Counsaile:

Note 1. constrained Printed Copies

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Counsellors concealing such Information shall be punished as Offenders:

And it is further enacted, that if any of the saide Counsaill being within the Realme do conceyle it and not disclose it unto his Ma^te, or soome of his Counsaile resyante or attendaunt in that tyme on his Royall psone, by woorde or wryting within xx^tie dayes after any of theym shall heare of hit, and if they be out of the Realme with as convenyent spede and diligence as they maye, that then they to have lyke punisshement and forfaicture as thoffendoures sholde:

Such Information may be proceeded upon to Proof, without any Penalty, >

And in case the saide Counsaile or any of theym doo heare or pceyve any suche thing as afore is rehersed, that then it shalbe lefull for theym all or any of them, aftre notice therof gyven to the Kings Ma^te to ymagen seke and prove allwaies to theyre witts possible to bring the matier and offence to true knowlege and light, and they so doing to incurre no daunger of lawe or penaltie; any Acte or Statute made hertofore to the contrarye notwithstanding.

8. An unchaster Woman marrying the King guilty of High Treason.

And be it allso enacted by aucthorytie aforsaide, that if any psone, Subjecte or resyaunte within the Realme or in any the Kings Domynions, hearynge saye by honest reaporte or having pfecte knowledge that suche a Woman being not chaste shall mary with her Soveraigne Lorde and King of this Realme, to the daunger of his moste royall psone and of his Succession, and doo not revele and show the same offence to the King for the tyme being or to oon of his Pryveye Counsaill, before suche maryage be had if possible and convenientlie he maye, or ells within xx dayes next aftre that he shall have certaine knowledge of suche maryage, That then every suche offence shalbe taken and demed mysprision of highe treason, and thoffendours convicte thereof by thordre of the lawe shall have suche paynes and suffre suche losses and forfaytures as in cases of mysprysion of highe treason.

10. Incontinence of or with the Queen; or the Prince's Wife, declared High Treason.

And be it also enacted by auctoryte aforsayde, That if the Quene or Wyef of the Prynce move procure or styrre any psone by any Wryting or Message woords or tokens or otherwise for that pourpose to use or to have carnal knowledge with them, or if any psone doo move procure or make meanes to the Quene or the Wief of the Prynce to use or have carnall knowledge of them or any of theym, That then aswell the Quene and the Wyef of the Prynce so procuring or carnallye knowne, as everye other psone procuring as is aforesaide or carnallye knowing the Quene or the Wyef of the Prince, and theyre ayders Counsaillers and abetters and Py of theym, shalbe demed and adjudged highe treatours, and being convicte of suche Offence shall have and suffre suche judgment paines of Death and forfaytures of land¢ goodg cattall¢ and debt as in cases of highe treason.