The Duke of Norfolk's Petition

NUMBER XXVI.

The Speech of John Mowbray Duke of Norfolk
against Edmund Beaufort Duke of Somerset in the Housee of Lords.

MY lordes ye know well ynough the grete peynes labours
     and diligences that before thys tyme y have doon to
thentent that the ove’ greete dishonneurs and losses that ben
come to thys full noble Royaume of England by the fals

menes of som persones that have take on theym over grete
autoritee in thys Royaume shulde be knowen. And that the
persones lyvyng that have doon theym shulde be corrected aftyr
the merites of her desertes And to that entent y have denounced
and delyv’d to you in wrytyng certeyn articles ayenst the Duc
of Som^rset whych ys one of theym that ys gylty thereoff whertoo
the Duc of Som^rset hath aunsuerd And to that that he hath
aunsuerd y have replyed yn such wyse that y trowe to be sure
ynough that there shall no vayllable thyng be seyd to the con-
trarie of my seyd replicacon And asmoch as be woold sey shall
be but falsnesse and lesyngs as be the probacons that shall be
made thereuppon shall mow appiere how be it that to alle
people of gode entendement knowyng how Justice owyth to be
ministred. it ys full apparūnt that the denunciac’ons ayenst hym
made ben sufficiently preved by the dedes that have folowed
thereoff Whereuppon y have requyred to have ouv^rture of justice
by yow whych ye have not yhyt doon to me Whereoff y am so
hevy that y may no leng^r beere it speciallie seth the mater by
me pursued ys so worshipfull for all the Roy^me. and for you and
so greable to god and to alle the subgettys of thys Roy^me that
it may be no gretter And it ys such that for anye favo^r of
lignage ne for anye othyr cause there shulde be no dissimulacon
for doubt lest that othyr yn tyme comyng take example thereoff
And lest that the full noble vertue of Justice that of god ys so
greedy recōmaunded be extinct or quenched by the fals oppini-
ons of som that for the grete bribes that the seyd Duc of Som^rset
hath p’mysed and yoven theym have turned theyr hertys from
the wey of trouth and of justice som seyeng that the cases by
hym cōmitted ben but cases of trespasse And othyr takyng a
colour to make an univ^rsell peas. Whereoff ev’y man that ys
trewe to the seyd coroune avyth gretely to m’veylle that anye
man wold sey that the losse of ij so noble Duchees as Normandie
and Guyen that ben well worth a greete Roy^me. comyng by
successions of fadres and modres to the seyd coroune ys but
t’spasse Where as it hath be seen in manye Royaumes, and lord-
shyps, that for the losse of tounes or Castells wythoute Sege the
Cap^nes that hav lost theym han be deede and beheded and her
godes lost as in Fr’unce one that lost Chyrborough And also a
knyght that fledd for dred of bataille shulde be byheded soo that
alle these thyngs may be founden in the lawes wryten. And
also yn the boke cleped l’arbre de bataille Wherfor, for to
abbregge my langage y Requyre you that forasmech as the
more partie of the dedes cōmitted by the seyd Duc of Som^rset
ben cōmitted yn the Roy^me of Fr’unce, that by the lawes of
Fr’unce processe be made thereuppon And that all thyng that
y have delyv’ed and shall delyv’e be seen and understand by
people havyng knoulige theroff And that the dedes cōmitted
by hym in thys Roy^me bee yn lyke wyse seen and understand by
people lerned yn the lawes of thys land And for preffe thereoff
to gr’unt cōmissions to inquere thereoff as by reason and of
custom it owyth to be doon callyng god and you all my lordes
to wytnesse of the devoirs by me doon in thys seyd mat’e. And
requyeyng you that thys my bille and alle othyr my devoirs
may be enacted before you. And that y may have it exempli-
fied undre the kyngs grete seele for my discharge and acquytaille
of my trouth makyng protestac’on that in case that ye make not
to me ouv^rture of justice upon the seyd caas. y shall for my
discharge do my peyn that my seyd devoirs and the seyd lak of
justice shall be knowen through all the Roy^me.

                                                                  Einsi signe,

                                                                             J. M. Norff.

     That the Reader may the better understand the matters here referred to, it will be ne-
cessary just to mention the leading transactions which occasioned this accusation.

     The Parliament met at Westminster in the latter end of the year 1450, when the Duke
of Somerset returning from France, was so publickly censured for the loss of Normandy,
that the Commons petitioned the King to send him to the Tower; it might be therefore
at this time that the Duke of Norfolk made this Speech in the House of Lords; the Duke
of Somerset however was released as soon as the Parliament broke up. But as Guienne
(which stands as part of the charge against him here) was not completely lost before the
year 1453, when this Duke was again committed to the Tower, and an accusation brought
against him by the Commons before the Lords, it is, I think, most probable that it was
then that the Duke of Norfolk stepped forwards as his accuser.

     The exact time however is immaterial, as the force and energy of the Speech remain
the same whenever it was spoken, and that it was spoken is evident, from that sentence
in which he says, “Wherfor for to abbregge my langage, &c.” Though concise, it is

nervous, full to the purpose, and artfully addressed to the passions both of the noble Lords
and the people in general, and in form and method would not disgrace a modern Orator.

     Edmund Beaufort, Duke of Somerset, after the death of the Duke of Suffolk, became
the Queen’s favourite, and prime minister, and was both a valiant Soldier and an able
Statesman; he fell in the first battle of St. Alban’s, where he commanded the royal army,
in May 1455.

     John Mowbray, Duke of Norfolk, succeeded his father in 1435, and died in 1461.
These Dukes were both of them great-grandsons to John of Gaunt, Duke of Lancaster.
The first by his father, the second by his mother.

     For his curious Autograph, see Pl. I. N^o 3.

     On the top of the paper on which this Speech is written, is the word cōp, meaning
“Copy”, which shews that this was copied from the original paper for the Duke’s own
use, as the paper and hand writing are both of the time of Henry VI.

     And at the bottom is written “Einsi signe M. Norff.”

          12 by 8 ½.

       1450, or 1453.
           29 or 32 H. VI.

NUMBER XXVI.

The Speech of John Mowbray, Duke of Norfolk, against Edmund
Beaufort, Duke of Somerset, in the House of Lords.

MY Lords, ye know well enough the great pains, labours,
     and diligences, that before this time I have done, to the
intent that the over great dishonours and losses that be come to
this full noble Realm of England, by the false means of some
persons that have taken on them over great authority in this
Realm, should be known. And that the Persons living that have
done them should be corrected after the merits of their deserts.
And to that intent I have denounced, and delivered to you in
writing, certain Articles against the Duke of Somerset, which
is one of them that is guilty thereof; whereto the Duke of
Somerset hath answered; and to that that he hath answered, I have
replied in such wise that I trow to be sure enough that there
shall be no vailable thing be said to the contrary of my said
replication; and as much as he would say shall be but falseness
and leasings, as by the probations that shall be made thereupon
shall mow (moreover, or soon, q?) appear; howbeit that to all
people of good intendment, knowing how Justice ought to be
ministered, it is full apparent that the denunciations against him
made be sufficiently proved by deeds that have followed thereof;
whereupon I have required to have overture of Justice by you,
which ye have not yet done to me, whereof I am so heavy,  
that I may no longer bear it, specially since the matter by me
pursued is so worshipful for all the realm, and for you, and so
agreeable to God, and to all the Subjects of this realm, that it
may be no greater; and it is such that for any favour of lineage,
nor for any other cause there should be no dissimulation, for
doubt lest that other in time coming take example thereof; and
lest that the full noble virtue of Justice, that of God is so
greatly recommended, be extinct or quenched by the false opi-
nions of some, that for the great bribes, that the said Duke of
Somerset hath promised and given them, have turned their hearts
from the way of truth and of justice; some, saying that the cases
by him committed be but cases of trespass, and others, taking a
colour to make an universal peace, whereof every man that is
true to the said Crown, ought greatly to marvel, that any man
would say that the loss of two so noble Duchies as Normandy
and Guyenne, that be well worth a great realm, coming by
successions of fathers and mothers to the said Crown, is but
trespass; whereas it hath been seen in many Realms and Lord-
ships, that, for the loss of towns or castles without siege, the
Captains that have lost them have been dead and beheaded, and
their Goods lost; as in France one that lost Cherburgh; and
also a Knight that fled for dread of battle should be beheaded;
so that all these things may be found in the laws written, and
also in the book cleped [called] “L’arbre de Bataile;” wherefore
for to abridge my language, I require you that for as much as
the more part of the deeds committed by the said Duke of
Somerset (have) been committed in the realm of France, that,  
by the Laws of France, process be made thereupon; and that all
things that I have delivered and shall deliver, be seen and under-
stood by people having knowledge thereof, and that the deeds
committed by him in this realm be in like wise seen and under-
stood by people learned in the Laws of this Land; and for
proof thereof to grant Commissions to enquire thereof, as by
reason and of custom it ought to be done, calling God and you
all my Lords to witness of the devoirs by me done in this said
matter; and requiring you that this my bill, and all other my
devoirs may be enacted before you, and that I may have it ex-
emplified under the King’s great Seal for my discharge and
acquittal of my truth, making protestation that in case that ye
make not to me overture of Justice upon the said case, I shall for
my discharge do my pain, that my said devoirs and the said
lack of Justice shall be known through all this realm.

                                                      Ainfi Signe,

     That the Reader may the better understand the matters here referred to, it will be ne-
cessary just to mention the leading transactions which occasioned this accusation.

     The Parliament met at Westminster in the latter end of the year 1450, when the Duke
of Somerset returning from France, was so publickly censured for the loss of Normandy,
that the Commons petitioned the King to send him to the Tower; it might be therefore
at this time that the Duke of Norfolk made this Speech in the House of Lords; the Duke
of Somerset however was released as soon as the Parliament broke up. But as Guienne
(which stands as part of the charge against him here) was not completely lost before the
year 1453, when this Duke was again committed to the Tower, and an accusation brought
against him by the Commons before the Lords, it is, I think, most probable that it was
then that the Duke of Norfolk stepped forwards as his accuser.

     The exact time however is immaterial, as the force and energy of the Speech remain
the same whenever it was spoken, and that it was spoken is evident, from that sentence
in which he says, “Wherfor for to abbregge my langage, &c.” Though concise, it is

nervous, full to the purpose, and artfully addressed to the passions both of the noble Lords
and the people in general, and in form and method would not disgrace a modern Orator.

     Edmund Beaufort, Duke of Somerset, after the death of the Duke of Suffolk, became
the Queen’s favourite, and prime minister, and was both a valiant Soldier and an able
Statesman; he fell in the first battle of St. Alban’s, where he commanded the royal army,
in May 1455.

     John Mowbray, Duke of Norfolk, succeeded his father in 1435, and died in 1461.
These Dukes were both of them great-grandsons to John of Gaunt, Duke of Lancaster.
The first by his father, the second by his mother.

     For his curious Autograph, see Pl. I. N^o 3.

     On the top of the paper on which this Speech is written, is the word cōp, meaning
“Copy”, which shews that this was copied from the original paper for the Duke’s own
use, as the paper and hand writing are both of the time of Henry VI.

     And at the bottom is written “Einsi signe M. Norff.”

          12 by 8 ½.

       1450, or 1453.
           29 or 32 H. VI.

230

THE DUKE OF NORFOLK’S PETITION¹

MY Lordes, ye know well ynough the grete peynes,
     labours, and diligences that before thys tyme y have
     doon, to th’entent that the over greete dishonneurs
and losses that ben come to thys full noble royaume of Eng-
land by the fals menes of som persones that have take on
theym over grete autoritee in thys royaume shulde be knowen,
and that the persones lyvyng that have doon theym shulde
be corrected aftyr the merites of her desertes. And to that
entent y have denounced and delyverd to you in wrytyng
certeyn articles ayenst the Duc of Somerset, whych ys one of
theym that ys gylty thereoff, whertoo the Duc of Somerset
have aunsuerd; and to that that he hath aunsuerd y have
replyed yn such wyse that y trowe to be sure ynough that
there shall no vayllable thyng be seyd to the contrarie of my
seyd replicacion, and asmoch as he woold sey shall be but
falsnesse and lesyngs, as be the probacions that shall be made
thereuppon shall mow appiere; how be it that to alle people
of gode entendement, knowyng how justice owyth to be
ministred, it ys full apparaunt that the denunciacions ayenst
hym made ben sufficiently preved by the dedes that have
folowed thereoff; whereuppon y have requyred to have ouver-
ture of justice by yow, whych ye have not yhyt doon to me,
whereoff y am so hevy that y may no lenger beere it, speciallie
seth the mater by me pursued ys so worshipfull for all the
royaume, and for you, and so greable to God, and to alle the
subgettys of thys royaume, that it may be no gretter. And it ys
such that for anye favour of lignage, ne for anye othyr cause
there shulde be no dissimulacion, for doubt lest that othyr yn
tyme comyng take example thereoff, and lest that the full
noble vertue of justice, that of God ys so greetly recom-
maunded, be extinct or quenched by the fals oppinions of som,
that for the grete bribes that the seyd Duc of Somerset hath
promysed and yoven them, have turned theyr hertys from the
wey of trouth and of justice; some seyeng that the cases by
hym committed ben but cases of trespasse, and othyr takyng a
colour to make an universell peas. Whereoff every man that
ys trewe to the seyd Coroune auyth gretely to marveylle, that
anye man wold sey that the losse of ij. so noble duchees as
Normandie and Guyen, that ben well worth a greet royaume,
comyng by successions of fadres and modres to the seyd
Coroune, ys but trespasse; where as it hath be seen in manye
royaumes and lordshyps that, for the losse of tounes and
castells wythoute sege, the capitaynes that hav lost theym han
be deede and beheded, and her godes lost; as in Fraunce one
that lost Chyrborough; and also a knyght that fledd for dred
of bataille shulde be byheded, soo that alle these thyngs may
be founden in the lawes wryten, and also yn the boke cleped
L’arbre de Bataille. Wherfor, for to abbregge my langage, y
requyre you that forasmech as the more partie of the dedes
committed by the seyd Duc of Somerset ben committed yn the
royaume of Fraunce, that by the lawes of Fraunce processe be
made thereuppon; and that all thyng that y have delyvered
and shall delyvere be seen and understand by people havyng
knoulige theroff, and that the dedes committed by hym in thys
royaume bee yn lyke wyse seen and understand by people
lerned yn the lawes of thys land; and for preffe thereoff to
graunt commissions to inquere thereoff, as by reason and of
custom it owyth to be doon, callyng God and you all my
Lordes to wytnesse of the devoirs by me doon in thys seyd
matere; and requyeyng you that thys my bille and alle othyr
my devoirs may be enacted before you. And that y may have
it exemplified undre the Kyngs grete seele for my discharge
and acquytaille of my trouth, makyng protestacion that in case
ye make not to me ouverture of justice upon the seyd caas,
y shall for my discharge do my peyn that my seyd devoirs
and the seyd lak of justice shall be knowen through all the
royaume.

                                    Einsi signé,                       J. M. NORFF.

 ¹ [From Fenn, iii. 108.] This paper is headed ‘Copia’ in the MS. It is entitled
by Fenn, ‘The Speech of John Mowbray, Duke of Norfolk, against Edmund Beau-
fort, Duke of Somerset, in the House of Lords.’ This title, however, is clearly no
part of the original document, which has much more the character of a petition to the
Privy Council than of a speech in Parliament. The paper itself professes to be a
‘bill’ signed by its author, who demands that the conduct of the Duke of Somerset
in France and in England should be made the subject of investigation by separate
tribunals according to the laws of either country. Now the House of Lords, being
only a branch of the English Legislature, would have had no right to authorise a
judicial investigation in France. The date of this petition must have been in the end
of the year 1453, after the loss of Guienne. The Duke of Somerset appears to have
been committed to the Tower a little before Christmas in that year; for, after his
liberation on the 4th March 1455, he declared before the Council that he had been
confined there ‘one whole year, ten weeks, and more.’—See Rymer, xi. 362.

1453

1453

1453