s, was thrown
into prison. Sir Thomas Palmer, who had all along acted as a spy upon
Somerset, accused him of having formed a design to raise an insurrection
in the north, to attack the gens d'armes on a muster day, to secure
the Tower, and to raise a rebellion in London: but, what was the only
probable accusation, he asserted, that Somerset had once laid a project
for murdering Northumberland, Northampton, and Pembroke at a banquet
which was to be given them by Lord Paget Crane and his wife confirmed
Palmer's testimony with regard to this last design; and it appears that
some rash scheme of that nature had really been mentioned, though no
regular conspiracy had been formed, or means prepared for its execution
Hammond confessed that the duke had armed men to guard him one night in
his house at Greenwich.
Somerset was brought to his trial before the marquis of Winchester,
created high steward. Twenty-seven peers composed the jury, among whom
were Northumberland, Pembroke, and Northampton, whom decency should have
hindered from acting as judges in the trial of a man that appeared to be
their capital enemy. Somerset was accused of high treason, on account of
the projected insurrections, and of felony in laying a design to murder
privy counsellors.
We have a very imperfect account of all state trials during that ago,
which is a sensible defect in our history; but it appears that some more
regularity was observed in the management of this prosecution than
had usually been employed in like cases. The witnesses were at least
examined by the privy council; and though they were neither produced in
court, nor confronted with the prisoner, (circumstances required by
the strict principles of equity,) their depositions were given in to the
jury. The proof seems to have been lame with regard to the treasonable
part of the charge; and Somerset's defence was so satisfactory, that the
peers gave verdict in his favor: the intention alone of assaulting the
privy counsellors was supported by tolerable evidence; and the jury
brought him in guilty of felony. The prisoner himself confessed that he
had expressed his intention of murdering Northumberland and the other
lords; but had not formed any resolution on that head: and when he
received sentence, he asked pardon of those peers for the designs which
he had hearkened to against them. The people, by whom Somerset was
beloved, hearing the first part of his sentence, by which he was
acquitt
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