Notwithstanding this defence, Empson and Dudley were sent to the Tower, and soon after brought to their trial. The strict execution of laws, however obsolete, could never be imputed to them as a crime in a court of judicature; and it is likely that, even where they had exercised arbitrary power, the king, as they had acted by the secret commands of his father, was not willing that their conduct should undergo too severe a scrutiny. In order, therefore, to gratify the people with the punishment of these obnoxious ministers crimes very improbable, or indeed absolutely impossible, were charged upon them: that they had entered into a conspiracy against the sovereign, and had intended, on the death of the late king, to have seized by force the administration of government. The jury were so far moved by popular prejudices, joined to court influence, as to give a verdict against them; which was afterwards confirmed by a bill of attainder in parliament,[**] and, at the earnest desire of the people, was executed by warrant from the king, Thus, in those arbitrary times, justice was equally violated, whether the king sought power and riches, or courted popularity.
** This parliament met on the 21st January, 1510. A law was there enacted, in order to prevent some abuses which had prevailed during the late reign. The forfeiture upon the penal statutes was reduced to the term of three years. Costs and damages were given against informers upon acquittal of the accused: more severe punishments were enacted against perjury: the false inquisitions procured by Empson and Dudley were declared null and invalid. Traverses were allowed; and the time of tendering them enlarged. 1 Henry VIII. c. 8, 10, 11, 12.
Henry, while he punished the instruments of past tyranny, had yet such a deference to former engagements as to deliberate, immediately after his accession, concerning the celebration of his marriage with the infanta Catharine, to whom he had been affianced during his father’s lifetime. Her former marriage with his brother, and the inequality of their years were the chief objections urged; against his espousing her but, on the other hand, the advantages of her known virtue, modesty, and sweetness of disposition were insisted on; the affection which she bore to the king; the large dowry to which she was entitled as princess of Wales; the interest of cementing a close alliance with Spain; the necessity of finding some confederate to counterbalance the power of France; the expediency of fulfilling the engagements of the late king When these considerations were weighed, they determined the council, though contrary to the opinion of the primate, to give Henry their advice for celebrating the marriage. The countess of Richmond, who had concurred in the same sentiments with the council, died soon after the marriage of her grandson.