Execution of Henry Howard, Earl of Surrey

The History of England under Henry VIII 1546. 2nd December 1546. The first that manifested himself was Sir Richard Southwel (age 43), who (Dec. 2.) said that he knew certain things of the earl, that touched his fidelity to the king: the earl, before the Lord Chancellor Wriothesley (age 40), the Lord St. John, the Earl of Hertford, and others, vehemently (Dec. 2.) affirmed himself a true man, desiring to be try'd by justice, or else offering himself to fight in his shirt with Southwel: but the lords for the present only committed them. The duke this while, hearing his son was in trouble, sends (Dec. 3. 4.) to divers of his friends to know the cause, and particularly to the Bishop of Winchester: those letters yet (it is probable) fell into the king's council's hands; but could not preserve him from being involved in his son's fortune: so that (Dec. 12.) he was sent for, and the same day, not long after his son, committed to the Tower. Divers persons also were examined concerning his affairs. Mrs. Elizabeth Holland being disposed, confess'd, that the duke had told her, that none of the king's council loved him, because they were no noblemen born themselves; as also because he believ'd too truly in the sacrament of the altar. Moreover, that the king loved him not, because he was too much lov'd in his country; but that he would follow his father's lesson, which was. that the less others set by him, the more he would set by himself. As also, that the duke complain'd that he was not of the most secret (or, as it is there term'd, the privy) council. And that the king was much grown of his body, and that he could not go up and down the stairs, but was let up and down by a device. And that his majesty was sickly, and could not long endure; and the rea.lm like to be in an ill case thro' diversity of opinions. And that if he were a young man, and the realm in quiet, he would ask leave to see the vernacle; which he said, was the picture of Christ given to women by himself as he went to death. As touching his arms, that she had not heard the duke speak of his own, but of his son's, that he liked them not, and that he had gather'd them, himself knew not from whence; and that he placed the Norfolk's arms wrong, and had found fault with him: and therefore that she should take no pattern of his son's arms to work them with her needle in his house, but as he gave them. Furthermore, she confess'd that the Earl of Surrey lov'd her not, nor the Dutchess of Richmond him; and that she addicted herself much to the said dutchess.

Mary Dutchess of Richmond being examin'd, confess'd that the duke her father wou'd have had her marry Sir Thomas Seymour, brother to the Earl of Hertford, which her brother also desir'd, wishing her withal to endear her self so into the king's favour, as she might the better rule here as others had done; and that she refused: and that her father would have had the Earl of Surrey to have matched with the Earl of Hertford's daughter, which her brother likewise heard of (and that this was the cause of his father's displeasure) as taking Hertford to be his enemy. And that her brother was so much incens'd against the said earl, as the duke his father said thereupon, his son would lose as much as he had gather'd together.

Spanish Chronicle Chapter 54. [18th January 1547] The King ordered that the Earl should be tried at once, and if he were found guilty that he should be beheaded; so in order that everybody should see the trial, the judges came to the Guildhall of London, this being the first time that ever such a thing was seen as a gentleman being tried there, but always at Westminster. And twelve gentlemen of rank met there, and the Earl was brought from the Tower, escorted by three hundred halberdiers, and placed before the judges. It was fearful to see the enormous number of people in the streets. When the judges and the twelve gentlemen had taken their seats, the King's lawyer spoke and said, "My lords, for either of the offences which the Earl has committed he deserves death; first for usurping the Royal arms, which gives rise to suspicion that he hoped to become King, and the other for escaping from prison, whereby he showed his guilt." The Earl, with manly courage, said, "You are false, and to earn a piece of gold would condemn your own father. I never sought to usurp the King's arms, for everybody knows that my ancestors bore them. Go to the chtirch in Norfolk and you will see them there, for they have been ours for five hundred years." One of the lawyers said, "Why did you put the inscription on the garter?" to which the Earl replied, "I did not put the King's motto, so as to give no ground for suspicion, and you have no reason to blame me for using the words 'Till then thus,' for you all know, gentlemen, the great services my father has rendered, and I hoped, in recognition of them, that the King would return the arms to me. That was the reason I used the motto." Then up and spoke Secretary Paget, saying, "Hold your peace, my lord; your idea was to commit treason, and as the King is old you thought to become king." Then cried the Earl, "And thou, Catchpole! what hast thou to do with it? Thou hadst better hold thy tongue, for the kingdom has never been well since the King put mean creatures like thee into the government." He called him catchpole (which means bailiff) because his father had been a constable, and Paget was very much abashed, and held his peace.

Then spoke the Earl of Warwick, and said, "If you are not guilty and meant no harm, why did you put the cover over the painting, and why did you attempt to break out of prison?" "I tried to get out," said the Earl, "to prevent myself from coming to the pass in which I am now; and you, my lord, know well that however right a man may be they always find the fallen one guilty,"