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rel="nofollow" href="#n9" type="note">9. An indictment of high treason was preferred against him: his proposal of disproving the charge, according to a mode then legal, by fighting his principal accuser in his shirt, was overruled; his spirited, strong and eloquent defence was disregarded—a jury devoted to the crown brought in a verdict of guilty; and in January 1547, at the early age of seven-and-twenty, he underwent the fatal sentence of the law.

      No one during the whole sanguinary tyranny of Henry VIII. fell more guiltless, or more generally deplored by all whom personal animosity or the spirit of party had not hardened against sentiments of compassion, or blinded to the perception of merit. But much of Surry has survived the cruelty of his fate. His beautiful songs and sonnets, which served as a model to the most popular poets of the age of Elizabeth, still excite the admiration of every student attached to the early literature of our country. Amongst other frivolous charges brought against him on his trial, it was mentioned that he kept an Italian jester, thought to be a spy, and that he loved to converse with foreigners and conform his behaviour to them. For his personal safety, therefore, it was perhaps unfortunate that a portion of his youth had been passed in a visit to Italy, then the focus of literature and fount of inspiration; but for his surviving fame, and for the progress of English poetry, the circumstance was eminently propitious; since it is from the return of this noble traveller that we are to date not only the introduction into our language of the Petrarchan sonnet, and with it of a tenderness and refinement of sentiment unknown to the barbarism of our preceding versifiers; but what is much more, that of heroic blank verse; a noble measure, of which the earliest example exists in Surry's spirited and faithful version of one book of the Æneid.

      The exalted rank, the splendid talents, the lofty spirit of this lamented nobleman seemed to destine him to a station second to none among the public characters of his time; and if, instead of being cut off by the hand of violence in the morning of life, he had been permitted to attain a length of days at all approaching to the fourscore years of his father, it is probable that the votary of letters would have been lost to us in the statesman or the soldier. Queen Mary, who sought by her favor and confidence to revive the almost extinguished energies of his father, and called forth into premature distinction the aspiring boyhood of his son, would have intrusted to his vigorous years the highest offices and most weighty affairs of state. Perhaps even the suspicions of her father might have been verified by the event, and her own royal hand might itself have become the reward of his virtues and attachment.

      Elizabeth, whose maternal ancestry closely connected her with the house of Howard, might have sought and found, in her kinsman the earl of Surry, a counsellor and friend deserving of all her confidence and esteem; and it is possible that he, with safety and effect, might have placed himself as a mediator between the queen and that formidable catholic party of which his misguided son, fatally for himself, aspired to be regarded as the leader, and was in fact only the instrument. But the career of ambition, ere he had well entered it, was closed upon him for ever; and it is as an accomplished knight, a polished lover, and above all as a poet, that the name of Surry now lives in the annals of his country.

      Of the five children who survived to feel the want of his paternal guidance, one daughter, married to the earl of Westmorland, was honorably distinguished by talents, erudition, and the patronage of letters; but of the two sons, the elder was that unfortunate duke of Norfolk who paid on the scaffold the forfeit of an inconsiderate and guilty enterprise; and the younger, created earl of Northampton by James I., lived to disgrace his birth and fine talents by every kind of baseness, and died just in time to escape punishment as an accomplice in Overbury's murder.

      The duke of Norfolk had been declared guilty of high treason on grounds equally frivolous with his son; but the opportune death of Henry VIII. on the day that his cruel and unmerited sentence was to have been carried into execution, saved his life, when his humble submissions and pathetic supplications for mercy had failed to touch the callous heart of the expiring despot. The jealousies however, religious and political, of the council of regency, on which the administration devolved, prompted them to refuse liberty to the illustrious prisoner after their weakness or their clemency had granted him his life. During the whole reign of Edward VI. the duke was detained under close custody in the Tower; his estates were confiscated, his blood attainted, and for this period the great name of Howard disappears from the page of English history.

      CHAPTER IV

1547 TO 1549

      Testamentary provisions of Henry VIII.—Exclusion of the Scottish line.—Discontent of the earl of Arundel.—His character and intrigues.—Hertford declared protector—becomes duke of Somerset.—Other titles conferred.—Thomas Seymour made lord-admiral—marries the queen dowager.—His discontent and intrigues.—His behaviour to Elizabeth.—Death of the queen.—Seymour aspires to the hand of Elizabeth—conspires against his brother—is attainted—put to death.—Particulars of his intercourse with Elizabeth.—Examinations which she underwent on this subject.—Traits of her early character.—Verses on admiral Seymour.—The learning of Elizabeth.—Extracts from Ascham's Letters respecting her, Jane Grey, and other learned ladies.—Two of her letters to Edward VI.

      The death of Henry VIII., which took place on January 28th 1547, opened a new and busy scene, and affected in several important points the situation of Elizabeth.

      The testament by which the parliament had empowered the king to regulate the government of the country during his son's minority, and even to settle the order of succession itself, with as full authority as the distribution of his private property, was the first object of attention; and its provisions were found strongly characteristic of the temper and maxims of its author. He confirmed the act of parliament by which his two daughters had been rendered capable of inheriting the crown, and appointed to each of them a pension of three thousand pounds, with a marriage-portion of ten thousand pounds, but annexed the condition of their marrying with the consent of such of his executors as should be living. After them, he placed in order of succession Frances marchioness of Dorset, and Eleanor countess of Cumberland, daughters of his younger sister the queen-dowager of France by Charles Brandon duke of Suffolk; and failing the descendants of these ladies he bequeathed the crown to the next heir. By this disposition he either totally excluded, or at least removed from their rightful place, his eldest and still surviving sister the queen-dowager of Scotland, and all her issue;—a most absurd and dangerous indulgence of his feelings of enmity against the Scottish line, which might eventually have involved the nation in all the horrors of a civil war, and from which in fact the whole calamitous destinies of the house of Suffolk, which the progress of this work will record, and in some measure also the long misfortunes of the queen of Scots herself, will be found to draw their origin. Sixteen executors named in the will were to exercise in common the royal functions till young Edward should attain the age of eighteen; and to these, twelve others were added as a council of regency, invested however with no other privilege than that of giving their opinions when called upon. The selection of the executors and counsellors was in perfect unison with the policy of the Tudors. The great officers of state formed of necessity a considerable portion of the former body, and four of these, lord Wriothesley the chancellor, the earl of Hertford lord-chamberlain, lord St. John master of the household, and lord Russel privy-seal, were decorated with the peerage; but with the exception of sir John Dudley, who had lately acquired by marriage the rank of viscount Lisle, these were the only titled men of the sixteen. Thus it appeared, that not a single individual amongst the hereditary nobility of the country enjoyed in a sufficient degree the favor and confidence of the monarch, to be associated in a charge which he had not hesitated to confer on persons of no higher importance than the principal gentlemen of the bed-chamber, the treasurer of Calais, and the dean of Canterbury.

      Even the council reckoned among its members only two peers: one of them the brother of the queen-dowager, on whom, since the fall of Cromwel, the title of earl of Essex had at length been conferred in right of his wife, the heiress of the Bourchiers: the other, the earl of Arundel, premier earl of England and last of the ancient name of Fitzalan; a distinguished nobleman, whom vast wealth, elegant tastes acquired in foreign travel, and a spirit of magnificence, combined to render one of the principal ornaments of the court, while his political talents and experience of affairs qualified him to assume a leading station in the cabinet. The loyalty and prudence of the Fitzalans must have been conspicuous for ages,

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