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 Council met in the Tower. Its composition had been determined on St Stephen's Day, five weeks before, when Henry, acting on an authority specially granted him by Parliament, had drawn up a will, the genuineness of which was not disputed until the possibility of a Stewart succession drew attention to the obstacles it placed in their way to the throne. But the arrangements made in the will for the regency destroyed the balance of parties existing in Henry's later years. Norfolk had been sent to the Tower, and from the sixteen executors, who were to constitute Edward's Privy Council, Bishops Gardiner and Thirlby were expressly excluded. To the eleven, who had previously been of Henry's Council, five were added; two were the Chief Justices, Montagu and Bromley, but the other three, Denny, Herbert, and North, were all inclined towards religious change. Besides the sixteen executors Henry nominated twelve assistants, who were only to be called in when the others thought fit. Unless, in defiance of the testimony of those present when Henry drew up his will, that selection is to be regarded as due to the intrigues of the Reformers, it would seem that Henry deliberately sought to smooth the way for the Reformation by handing over the government to a Council committed to its principles. Not half a dozen of its members could be trusted to offer the least resistance to religious change; and, when the Council assembled in the Tower on that Monday afternoon, it only met to register a foregone conclusion.

Henry had been given no authority to nominate a Protector; but such a step was in accord with precedent and with general expectation, and one at least of the few conservatives on the Council thought that the appointment of Hertford to the protectorate afforded the best guarantee for the good government and security of the realm. He was uncle to the King, a successful general, and a popular favourite; and, though his peerage was but ten years old, it was older than any other that the Council could boast. He was to act only on the advice of his co-executors; but there was apparently no opposition to his appointment as Protector of the realm and Governor of the King's person. On the following day the young King and the peers gave their assent. Five days later Paget produced a list of promotions in the peerage which he said Henry had intended to make. Hertford became Duke of Somerset, and Lord High Treasurer and Earl Marshal in succession to Norfolk; Lisle became Earl of Warwick, and Wriothesley Earl of Southampton; Essex was made Marquis of Northampton, and baronies were conferred on Sir Thomas Seymour, Rich, and Sheffield.

Half of Henry's alleged intentions were not fulfilled, a strong argument in favour of their genuineness; Russell and St John had to wait for their promised earldoms, and seven others for their baronies, nor would Paget have then selected Wriothesley for promotion. For scarcely was Edward crowned (February 20) and Henry buried, when the Lord-Chancellor fell from power. He had been peculiarly identified