The
Tree of Common
Wealth:
A Treatise by
Edmonde Dudlay,
Esq.
Barrister-at-Law;
Sometime Speaker of
the House of Commons; President of the Privy Council of Henry VII.; and one of
that King’s Commissioners for receiving the forfeitures of penal statutes.
Written by him
While a prisoner in
the Tower, in the years 1509 and 1510,
and under sentence of
death for
high treason.
________
Now first printed
from a copy of his manuscript
for the Brotherhood of
the Rosy Cross
_________
Printed by Charles
Simms & Co.
1859
PREFACE.
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An
old and tattered manuscript having come into the possession of a few
antiquarian friends, they have thought it right to preserve and perpetuate, by
the press, what might otherwise soon perish.
As the number printed is limited, they have placed a copy in each of the
great libraries,―the British Museum; the University Libraries of Oxford,
Cambridge, and Trinity College Dublin; the Advocates’ Library Edinburgh, and Chetham’s Library Manchester (to which they have presented
the original manuscript); and also in the Free Libraries of Manchester,
Liverpool, Salford, Bolton and Warrington.
By these means they hope to have rescued from “the fell tooth of Time
and the devouring worm,” a singular literary production of {iv} an eventful
period, written by a royal favourite under sentence of death, who paid the
penalty of his extortions and exactions by losing his head for an imaginary
crime. This small contribution to the
literature of the Tudor period is respectfully offered to the student and lover
of hisotry by
The Brotherhood of the Rosy Cross
INTRODUCTION.
________
IT is very doubtful
whether the whole range of British history could furnish a parallel in
extraordinary vicissitudes of fortune to the lives of three generations of a
single family, which rose and fell with the Tudors; and three members of which,
in direct succession, ―father, son, and grandson, ―became the
favourites of every one of the five monarchs of that house; attaining to high
rank, dignities, wealth and power, only to perish ignominiously on the
scaffold, or, still more disgracefully, by retributive poison.
A brief glance at the chief events
in the lives of Edmund Dudley, the writer of the Treatise now first printed,
and the powerful minister of Henry VII.; of his son John, successively the
favourite of Henry VIII. and Edward VI.l and of his
grandson Robert, who, after ingratiating himself with Mary and her consort
Philip, became the great favourite of Elizabeth,―will suggest a picture of some of the evils
of royal avarice and favouritism on the one hand, and of insatiable ambition,
prostituted power, grinding oppression and reckless cruelty on the other, as
vivid and real as anything to be found in our national history.
The father of Edmund Dudley,
observes Dr. Cooke Taylor in his “Romantic Biography of the age of
Three children survived him; the
eldest of whom, John, was but eight years old at his father’s death. His dazzling career commenced with his being
the parasite of parasites, for he was successively the favourite of the royal
favourites, Charles Brandon Duke of Sussex, Cardinal Wolsey,
and Thomas (afterwards Lord) Cromwell; succeeding the last in the favour of
Henry VIII., who made him Viscount L’Isle, K.G. and
Lord High Admiral of England; and nominated him one of the sixteen executors to
administer the government during the minority of Edward VI. In that minor’s reign he got the Earldom of
Warwick by his services to the Protector Somerset, whom, however, he
subsequently displaced and brought to the block; while Dudley rose in rapid
succession to be Lord Steward of the Household, Earl Marshal of England, Lord
Warden of the Marches, and Duke of Northumberland. His rapacity equalling his ambition, he
obtained large estates in six English counties.
He strengthened his power and influence by the marriages of his
children, and prevailed on the young King, by will, to disinherit his sisters
Mary and Elizabeth, and transfer the succession to Lady Jane Grey,
granddaughter to Mary Duchess of
Robert Dudley was knighted while a
mere boy, for some graceful jousting or other exercises. As one of the six ordinary
gentlemen of the bed-chamber to Edward VI. he
was his father’s perpetual spy on the young King’s actions, and served in apprenticeship
in court intrigue and duplicity. His
first considerable appointment was Master of the Ordnance under Philip and
Mary; but, preferring the court to the army, he ingratiated himself with {viii}
both sovereigns by professing to be a zealous Catholic, and especially with the
doting Mary by always riding post when bringing messages to her from her
consort. How far this subtle nature
recommended him to Philip may be inferred from the King employing him during
Mary’s last illness, in seeking for him the hand of the next heir to the crown,
the Princess Elizabeth. Dudley, however,
pleaded his own cause, and with such success that immediately on her accession
The story of Empson
and Dudley’s extortionate exactions and oppressions has been told by various
chroniclers and historians; and the reader who would thoroughly comprehend the
subject is referred to the Annals of Stowe, Holinshed,
Baker, Polydore Vergil;
Lord Herbert of Cherbury’s “Life of Henry VIII.,”
Howell’s “State Trials,” &c.; and for a more general and succint account, in modern language, to Hume. So much of the facts as throw light on the
conduct and character not only of the two extortioners,
but also of their royal master, we prefer to give in the words of the older
writers.
In the history of
the reign of Henry VII. written by the great
Lord Bacon, it is clearly shown that the King’s love of money, strong even in
his earlier life, became in his age an eager greed of gold. His levies and exactions on his subjects are
distinctly censured in the Proclamation of Perkin Warbeck in 1496; as “making merchandise of the blood,
estates and for-{ix}tunes of the peers and subjects,
by feigned wars and dishonorable peace, only to
enrich his coffers;” naming amongst his instruments of extortion even then,
Bishop Fox (for levying exactions on the rich laity) “by subtile
exactions and pilling of the people . . . . . . by dismes [tenths], taxes, tallages
[tolls], benevolences, and under unlawful impositions and grievous
exactions.” A subsidy of £120,000 for
the alleged purpose of opposing Warbeck’s insurrection, drove the Cornish men to rise in rebellion
under two leaders; one of whom, Michael Joseph, a blacksmith or farrier, of Bodmin, is the
individual referred to in
“And as kings do more easily find instruments for
their will and humour, than for their service and honour, he had gotten for his
purpose, or beyond his purpose, two instruments, Empson
and Dudley, whom the people esteemed as his horse-leeches and shearers, bold
men and careless of fame, and that took toll of their master’s grist.*
‘Item, received of such a one five marks, for a
pardon to be procured; and if the pardon do not pass, the money to be repaid;
except the party be some other ways satisfied.’
And
over against this Memorandum, of the king’s own hand―
‘Otherwise satisfied.’
Which
I do the rather mention, because it shows in the king a nearness, but yet with
a kind of justness. So these little
sands and grains of gold and silver, as it seemeth,
helped not a little to make up the great heap and bank. . . . . . . This year (January 1504) being the 19th
of his reign, the king called his parliament:
wherein a man may easily guess how absolute the king took himself to be
with his parliament, when Dudley, that was so hateful, was made Speaker of the
House of Commons. . . . . . . There was
granted by that parliament a subsidy, both from the temporality and the
clergy. And yet nevertheless, ere the
year expired, there went out commissions for a general benevolence, though
there were no wars, no fears. The same
year the city grew 5,000 marks [£2,666 13s. 4d.] for confirmation of their
liberties; a ting fitter for the beginnings of kings’ reigns than the latter
ends. Neither was it a small matter that
the mints gained more upon the late statute, by the re-coingage
of groats and half-groats,
now twelvepences and sixpences. As for Empson and
Dudley’s mills, they did grind more than ever; so that it was a strange thing
to see what golden showers poured down upon the king’s treasury at once:
―The last payments of the marriage-money from
Henry VII. died
at
“He not only confirmed the pardon
his father gave, a little before his death, for all offences save murder,
felony and treason (to which general abolitions do not properly reach), but,
for further performance of his father’s last will, caused a proclamation to be
made that if any man could prove himself to be then wrongfully deprived of his
goods by occasion of a certain commission for forfeitures, he should have, upon
due complaint, condign satisfaction.
Whereupon so many petitions were presently exhibited against Sir Richard
Empson and Edmund Dudley Esq. (employed lately for
taking the benefit of penal statutes) that it was thought fit to call them
before the council (April 25),” &c.
Empson, in
reply to the charges,†
defended himself with considerable {xiii} spirit and ingenuity; complaining
that the young King, who should be his supreme judge, abandoned him to his
enemies, without other cause than that he had obeyed the King’s father’s
commands, and upheld the regal authority.
Ought he to have disobeyed his King and broken his country’s laws; the
penal statutes, decreed in open parliament, being yet unrepealed? Were breakers of the laws only to escape
punishment, and sustainers of the laws only to be punished? If he must die, his desire was,
that his indictment might be entered on no record, nor divulged to foreign
nations, whom it might encourage to invasion.
In reply, Empson was told that he should find
at last that he was punished for passing the bounds of his commission from the
late King, and, in a law severe enough to the common and poorer sort of people,
to have yet exacted on them justly.
Lord Herbert observes that after
their committal to te Tower (April 25) “new and
strange crimes were found and objected against them, as appears in their
indictments upon record, wherein they are accused of conspiracy against the
King and State.” The reason for this course seems obvious. Not only could Empson
and Dudley have pleaded to any indictment for exaction, extortion or
oppression, that the recent proclamation of pardon, was an acquittance
as to any crime save felony, murder and treason; but, if this difficulty could
have been surmounted, their conviction and punishment for their real offences
would be almost a direct censure of the late King, whose responsibility for the
acts of his instruments no special pleading could ignore. Hence the fabricated charges, on which they
were tried, condemned and finally executed, for high treason, one of the three
capital crimes specially excepted from the royal pardon of Henry VIII.
From the Second Appendix to the
Third Report of the Deputy Keeper {xiv} of the Public Records (p. 226) we learn
the exact nature of the indictments against Dudley and Empson. Edmund Dudley, late of
Sir Richard Empson
Knight, late of Edneston co.
“Empson
and Dudley lying now in prison,¶
condemned and attainted by parliament,**
the importunate clamours of the people prevailing with the king in this year’s
{xv} progress [1510], he not only restored divers mulcts, but for further
satisfaction to the commonality (by a special writ) commanded to have their
heads struck off, August 18;* doing
therein, as thought by many, more like a good king than a good master.”
A Few words are necessary as to the
fact of Edmund Dudley writing this treatise in the Tower. Dr. Cooke Taylor, in his “Romantic
Biography,” has the following observations on the subject: ―
“It is not generally known that Edmund Dudley hoped
to save his life by literary exertions.
He wrote, while in prison, a book called ‘The Tree of Commonwealth,’ and
transmitted it to the king. It is
doubtful whether it ever reached its destination; but to use Bishop Bonner’s
jest, ‘this tree of knowledge did not become a tree of life,’ and Henry, as a purchase money of his subjects’ love, paid down the heads
of Empson and Dudley on the scaffold at Tower Hill.”
Amongst the learned men of the time
of Henry VII., Holinshed names “Edmund Dudley, born
of noble parentage, studied the laws of this land, and profited highly in
knowledge of the same. He wrote a book
intituled, ‘Arbor rei publicæ,’
‘The Tree of the Common Wealth.’”
But it is to “honest John Stowe”
that we owe the clearest and most explicit statement respecting this work. He says―
“This Edmund Dudley, in the time of his
imprisonment in the Tower, compiled one notable book, which he intituled ‘The
Tree of Common Wealth,’ dedicated unto King Henry VIII. A copy whereof, fair written (reserving the
original to myself), I gave unto the honorable Lord
Robert, Earl of Leicester, about the year 1562.
At whose request and earnest persuasion I then first collected my
Summary of the chronicles of
What became of the original MS.
after Stowe’s death, we have been unable to learn. It is in the highest degree probable that the
MS. copy from which the treatise of Edmund Dudley is
now first printed, is the same that was presented by Stowe to Robert Dudley,
Earl of Leicester. It bears evidence on
nearly every page that it is a transcript made from another {xvi} MS. written
in a hand which even a practised scribe found so much difficulty in decyphering, that he has left many blanks to be supplied; a
few only of which have been filled up by another hand, the same that has put
catch-words or short marginal titles to various heads or divisions of the
treatise. If this really were the Earl
of Leicester’s copy, it may be supposed that it would not be much valued by his
widow, who soon after his death married his equerry. In less than forty years after that event it
was in other hands. At the foot of its
last written page (83) is the autograph, in a good hand and in reddish-black
ink; “Will: Walked nowe owes [owns] mee. 1627;” and in the fly-leaf at the
beginning, in the same hand, a play on the name―”Will
and Walke aright. Will:
As to the Treatise itself, if
commenced before his trial, its production would be btween
April 25, 1509, and August 17, 1510; if not begun till after his conviction and
sentence (which seems most likely) then it was compiled between July 18, 1509,
and August 17, 1510, a period of barely thirteen months. It was evidently written in the hope that Henry
VIII. would read it, and would be thereby induced to
pardon the writer. It is in various
places directly addressed to the King (p. 4 et seq.); and there is a
prayer for his prosperity (p. 8) that he may be piteous and merciful, liberal
and plenteous, and that “in the stead of the appetite of fleshly desire, he may
be clean to his own spouse and Queen, which is the first order of
chastity.” There is a curious reference
to the will of Henry VII. (p. 3), and a still more singular
allusion to the King’s avarice as his own fault (p. 7). Then the writer proceeds to unfold his
allegory, in which the Commonwealth of England, ―that is the common or
public weal, good or {xvii} happiness of te nation, ―is
represented as a great and mighty tree, with it its various roots and
fruits. The mighty Tree of Commonwealth,
growing in the Realm of England, has five Roots―all
rooted in, and growly solely
or chiefly out of, the King himself. The
chief or tap root is the Love of God; the other four are named 1. Justice; 2. Truth, or Fidelity; 3.
Incidentally the writer, from his
great experience of such things, lays bare the prevalent vices and
mal-practices of the time, of the various classes and orders of men, ―nobles,
privy councillors, judges, the king’s officers and commissioners, lawyers,
landowners, farmers, husbandmen, merchants, manufacturers, handicraftsmen,
artificers and labourers; the prelates, the clerical corporations and bodies,
the rectors, vicars and inferior clergy, &c. Some of his pictures of the habits, manners
and customs of certain classes are exceedingly graphic.
{xviii} The paper on which the
Treatise is written is a rather coarse kind of yellow laid foolscap, having
three different water marks; one a corwn supported by
two columns, at the base of which is a label with capital letters, resembling
F. DEFENSOR. A second is like a jug or
pot without handle, surmounted by a crown, and across its body a label with the
capitals M.C. The third is a label on feet,
resting on a sort of cusped ornament, and within the label capitals resembling
EDMELEBE. These may perhaps identify the
make and date of the paper.
The leaves have been so much frayed
at the upper, outer corners of the book, that for the first six pages the ends
of a few lines of the recto and the beginnings of a few on the verso
side, are destroyed. These lacunæ
have been denoted in the print by dotted lines, and whenever any word not
actually in the MS. is suggested as wanting, it is placed within brackets. The orthography and marks of abbreviation
have been carefully retained, and the only liberties taken have been with the
punctuation, and then only where it seemed necessary to make an obscure passage
more clear.
_____________________________________
COLLATION.
The first twenty-four pages of this
Treatise had been printed before it was found that another copy of it existed
in the
Page Line Harl. MS. reads Page
Line Harl. Ms. reads
1. 3. late councillor to the king ner of an vnlearned body
1.
4. at the compiling hereof will
write a rude remembrance
1.
6. ffirst yeare
of King Henrie the viiith 3. 9. happie
is he that hath and wiselie 2. 10. I most blinde and ignoraunte can kepe such a frende, and
in all manner of sciences consider
him first,
and cunning, after the man- to the
{xix}
3. 10. of all the inhabitantes 7. 16. Kinge should have
3.
11. I understand that my said 8. last For that as
Sou’aigne Lorde
in plaine 10. 16. in
the kinge one thinge
proofe that he beginneth 11. 20. besides the
danger
3. 29. settle in Christ’s church 11. 28. greate need
4. 3. service or any other cause 12. 3. disturbed and letted
4. 4. vertuosness and conninge able 12. 12. punishe and suppresse
to
rule theire church, shall 14. 30. craftes
men of the realme bu
doe
therein more harme 15. 9. This
roote is much
4. 5. and vtterlie to be eschewed 17. 15. in all his lawfull
4. 6. anie man that will labour 17. 25. almes “to poore
folkes and
therefore specialle within their dio-
4. 15. deformed person ces and cures”―(in both MSS.
4.
27. noble act and
accidentally omit-
4. last opposed ted in the print)
5. 2. you that your lettre 17. 29. or Treasor . . . if they appro-
5. 3. consider you well that your priat
request 20. 22. lending your wares
5. 5. or to unite 21. 30. many other
5. 10. great discouragement 22. 10. people in this realme
6. 1. AND YET OF YOUR 22. 21. shalbe in such
6. 2. waighty causes 24. 26. love and knowledge
6. 3. and allsoe to followe
7. 11. “worthe” ―(crossed through
with the pen)
_____________________________________________
***Any
information respecting another MS. copy of this Treatise, or any communication
for the Brotherhood, may be addressed to Mr. Harland, 7, Repton
Street, Upper Brook Street, Manchester.
___________________
[140 copies printed,
(including ten on large paper,) for Private Presentation only.]
___________________
* In a very rare book “, Είκων-βιβλκή,
sive Icon Libellorum; or a
Critical Hisotry of Pamphlets, &c., (Lond. 1715,) by a Gentleman of te
Inns of Court,” (i.e. Myles Davies, an indigent Welsh clergyman),―the edition in the British
Museum number 7 vols.; there is, incidental to a notice of Dr. John Colet, Dean of St. Paul’s, the following passage:―“About
the time that the worthy Dr. Colet was made Dean of
St. Paul’s by Henry VII., (viz: Anno 1504,) there
was handed about a political pamphlet, of a juridical dress, styled Arbor Reipublicæ,
&c., supposed to be still extant in the Cottonian
Library. It was said to be writ by
Edmund Dudley, nephew to Lord Dudley, of
† This lady, as the widow of Edmund Dudley, married Arthur Plantagenet, a natural son of Edward IV., who was created Viscount L’Isle, 26th April 1533, with remainder to his heirs maile by this inheritress of the title; but he died s.p.m. in 1541; and then the eldest son and heir of Edmund Dudley and this Elizabeth, was created Viscount L’Isle 12th March 1542, with remainder to his heirs male. On his attainder and execution in 1533, his honours were forfeited; but his eldest son and heir, Ambrose, afterwards “the good Earl of Warwick,” was created Baron L’Isle in 1561.
‡ Not thirteen years before [1509, i.e. about 1496-7] he was by labour of friends brought into the office of Under-Sheriffwick of London, where he continued with favour of the citizens, by the space of six years or more; after which season he sold his office and drew him to the king’s court, where shortly after he grew in such favour, that he chosen Speaker of the Parliament in the 19th year of Henry VII. [January 1504] and soon after the King’s President [of the council]; by reason of which office he had such authority that the chief lords of England were glad to be in his favour, and were fain to sue to him for many urgent causes; whereupon the lords, and all men as they durst, had him in disdain, which was his overthrow in the end. ― (Stowe.)
* Ambrose Dudley, Earl of Warwick, died in 1589 without issue and the title became extinct.
* It appears from various contemporary writers that both were members of the privy council, Dudley for a time its president. Some call them “Masters and Surveyors of the King’s Forfeits;” but the more correct title would be “Commissioners for receiving the forfeitures under Penal Statutes,” under which royal commission they set up a sort of court, acting as judges.
† Empson suddenly rose from poverty (as being the son of a sieve-maker in Towcester) unto inestimable authority and riches.—(Stowe.)
‡ Lawyers. In an alphabetical list of barristers in the reign of Henry VII., in Fosse’s “Judges of England,” (vol. v. p. 20,) are the names of “R. Empson” and “E. Dudley.” Sir Richard Baker says they were also Barons of the Exchequer; but this is an error, (probably a mistranslation of Polydore Vergil, who styled them “Judices Fiscales,”) otherwise they would have been marked “B.E.” in Fosse’s list, and separate memoirs would have been given of them as Judges. At a call of sergeants in 1503, it is stated that “Westley, the second, and Bolling, the third baron of the Exchequer, and Master Empson, and many of the seniors were present.” Amongst those summoned to this call was Edmund Dudley, but he had a writ, exonerating him, on the ground (it has been suggested) that being then Speaker of the House of Common he was exempt. Fosse adds that he more probably owed his release from the expensive honour to the personal favour of the king.
* One of the indictments originally framed against Empson (but afterwards abandoned for the more convenient one laying high treason) charged that many persons were summoned before him at his private house in St. Bride’s parish, ward of Farringdon Without, and were thence committed, as from a regular court of justice, to the Fleet, the Tower, and other prisons, and there detained till they had paid heavy fines. ― (Holinshed.) Some years after Empson’s execution Henry VIII. gave this house to his favourite Wolsey, in the beginning of his rise.
† “Promoters” was the term then in use for what we should now call informers. Stowe and others relate that on Empson and Dudley being committed to the Tower, a number of these promoters were apprehended, imprisoned, set in the pillory, &c., Empson and Dudley kept a “false jury fast to their girdles,” on whom they could always rely for the verdict. Holinshed says “these two ravening wolves had a guard of false, perjured persons appertaining to them, which were impannelled in every quest.” Learned men in the law, when they were required of their advice [by the victims of these extortioners] would say, “To agree is the best counsel that I can give you.” On the 6th of June 1509, three of the “ringleaders of false inquests,” were led about the city on horseback, riding backward and with papers on their heads (probably declaring their offense) set on the pillory on Cornhill, and thence taken to Newgate, “where they died for very shame;” or more likely of their injuries from missiles striking them in the pillory.
* At this unreasonable and extortionate doing, noble men grudged, mean men kicked, poor men lamented, preachers openly at Paul’s Cross and other places, exclaimed, rebuked and detested. ― (Holinshed).
† The
proclamation which Henry published (see Rymer’s Fd, xiii. 107), for the ease of his conscience, as he
pretended, inviting all that could prove they had suffered from him any wrong
or oppression, contrary to the course of laws, to bring in their complaints,
was rather an insult upon the sufferers than the means for redressing their
grievances. This invitation was
something like the challenge of champion Dymock at a
coronation and as likely to be adopted. Empson and Dudley were masters of the kingdom; everybody
trembled before {xii.} them; and nobody durst dispute their pleasure, even in
the most illegal points, subversive of the constitution of the kingdoms. Such were their letters to the Sheriffs of
counties, particularly
* Silver
was, during this reign, at 37s. 6d. a pound, which makes
Henry’s treasur near three millions of our present
money. Besides, many commodities
have become above thrice as dear by the increase of gold and silver in
† Lord
Herbert, Stowe, Polydore Vergil,
and other chroniclers give Empson’s speech before the
council in extenso. According to Holinshed,
* This date is doubtless correct. Stowe and others state that the trial was on the 17th July; Howell that it was on the 16th.
† This being the day after the death of Henry VII. the high treason charged would be against the king regnant, Henry VIII. Several chroniclers lay the date of the alleged treason in March, during the lifetime of Henry VII., but the indictment is the best authority.
‡ Dudley at the time of his fall had in possession of lands and fees, with offices, to the yearly value of £800, and in ready coin £20,000, over many more riches, as jewels, plate, and rich stuff of household, the which was shortly gathered [i.e. in seven years]. ―(Stowe.)
║ He was adjuged to be drawn, hanged and quartered; and was then committed to the Tower again, where he lay long after. ―(Stowe.) Notwithstanding this sentence of hanging, &c., both Empson and Dudley were beheaded.
§ Carte says, Wednesday October 3.
¶ Stowe says that Dudley lay so long in the Tower after conviction and sentence, that the fame went that the queen had purcased his pardon; but it was not so. ―It is probable that Dudley’s wife, the Lady L’Isle, had importuned the gentle Katharine on his behalf; but, says Holinshed, “the king in his progress heard every day more and more complaints of Empson and Dudley, set forth and advanced no doubt by the drift of their deadly enemies.” So all hopes of pardon were dissipated.
** The attainder by parliament appears to be an error. Hargreave, an early Editor of Howell’s State Trials, says that the statute supposed to be an act of attainder, was really an act to relieve certain persons, in trust for whom Empson and Dudley were seised of various estates; and to prevent their attainders [by conviction of high treason] form hurting innocent persons.
* Lord Herbert appears in error, as to the date; Holinshed, Stowe and Baker agree in stating it to be the 17th August and not the 18th. ―Stowe says that “the king sent commandment to the constable of the Tower, charging him that they should shortly after be put to execution. Whereupon the Sheriffs of London were sent for and commanded by a special writ to see the said execution performed and done. And they upon that went to the Tower and received them on the 17th August, and from thence brought them to the scaffold on Tower Hill, where their heads were stricken off; which being done the bodies of them, as of Empson was buried in the White Friars Church, and the other of Dudley in the Black Friars Church.” ―(Stowe.)