The Reign of Henry the Eighth, Volume 1 (of 3)

by James Anthony Froude

Notes.

[1] Printed in FOXE, vol. iv. p. 659, Townsend's edition.

[2] 24 Hen. VIII. cap. 4.

[3] Bishop Latimer, in a sermon at Paul's Cross, suggested another purpose which this act might answer. One of his audience, writing to the Mayor of Plymouth, after describing the exceedingly disrespectful language in which he spoke of the high church dignitaries, continues, "The king," quoth he, "made a marvellous good act of parliament that certain men should sow every of them two acres of hemp; but it were all too little were it so much more to hang the thieves that be in England."—Suppression of the Monasteries, Camden Society's publications, p. 38.

[4] 32 Hen. VIII. cap. 18.

[5] 25 Hen. VIII. cap. 18.

[6] Antiquities of Hengrave, by Sir T. GAGE.

[7] See especially 2 Hen. VII. capp. 16 and 19.

[8] 24 Hen. VIII. cap. 9.

[9] See especially the 4th of the 5th of Elizabeth.

[10] 10 Ed. III. cap. 3.

[11] Statutes of the Realm, vol. i. (edit. 1817), pp. 227-8.

[12] "The artificers and husbandmen make most account of such meat as they may soonest come by and have it quickliest ready. Their food consisteth principally in beef, and such meat as the butcher selleth, that is to say, mutton, veal, lamb, pork, whereof the one findeth great store in the markets adjoining; besides souse, brawn, bacon, fruit, pies of fruit, fowls of sundry sorts, as the other wanteth it not at home by his own provision, which is at the best hand and commonly least charge. In feasting, this latter sort—I mean the husbandmen—do exceed after their manner, especially at bridals and such odd meetings, where it is incredible to tell what meat is consumed and spent."—HARRISON'S Description of England, p. 282.

The Spanish nobles who came into England with Philip were astonished at the diet which they found among the poor.

"These English," said one of them, "have their houses made of sticks and dirt, but they fare commonly so well as the king."—Ibid. p. 313.

[13] State Papers, Hen. VIII. vol. ii. p. 10.

[14] HALL, p. 646.

[15] 25 Ed. III. cap. I.

[16] Statutes of the Realm, vol. i. p. 199.

[17] 3 Ed. IV. cap. 2.

[18] 10 Hen. VI. cap. 2.

[19] STOW'S Chronicle.

[20] Statutes of Philip and Mary.

[21] From 1565 to 1575 there was a rapid and violent rise in the prices of all kinds of grain. Wheat stood at four and five times its earlier rates; and in 1576, when Harrison wrote, was entirely beyond the reach of the labouring classes. "The poor in some shires," he says, "are enforced to content themselves with rye or barley, yea, and in time of dearth many with bread made either of peas, beans, or oats, or of all together and some acorns among, of which scourge the poorest do soonest taste, sith they are least able to provide themselves of better. I will not say that this extremity is oft so well seen in time of plenty as of dearth, but if I should I could easily bring my trial. For, albeit that there be much more ground eared now almost in every place than hath been of late years, yet such a price of corn continues in each town and market, that the artificer and poor labouring man is not able to reach to it, but is driven to content himself with beans, peas, oats, tares, and lentils."—HARRISON, p. 283. The condition of the labourer was at this period deteriorating rapidly. The causes will be described in the progress of this history.

[22] Chronicle, p.568.

[23] 33 Hen. VIII. cap. II. The change in the prices of such articles commenced in the beginning of the reign of Edward VI., and continued till the close of the century. A discussion upon the subject, written in 1581 by Mr. Edward Stafford, and containing the clearest detailed account of the alteration, is printed in the Harleian Miscellany, vol. ix. p.139, etc.

[24] Leland, Itin., vol. vi. p.17. In large households beef used to be salted in great quantities for winter consumption. The art of fatting cattle in the stall was imperfectly understood, and the loss of substance in the destruction of fibre by salt was less than in the falling off of flesh on the failure of fresh grass. The Northumberland Household Book describes the storing of salted provision for the earl's establishment at Michaelmas; and men now living can remember the array of salting tubs in old-fashioned country houses. So long as pigs, poultry, and other articles of food, however, remained cheap and abundant, the salt diet could not, as Hume imagines, have been carried to an extent injurious to health; and fresh meat, beef as well as mutton, was undoubtedly sold in all markets the whole year round in the reign of Henry VIII., and sold at a uniform price, which it could not have been if there had been so much difficulty in procuring it. Latimer (Letters, p.412), writing to Cromwell on Christmas Eve, 1538, speaks of his winter stock of "beeves" and muttons as a thing of course.

[25] STAFFORD'S Discourse on the State of the Realm. It is to be understood, however, that these rates applied only to articles of ordinary consumption. Capons fatted for the dinners of the London companies were sometimes provided at a shilling apiece. Fresh fish was also extravagantly dear, and when two days a week were observed strictly as fasting days, it becomes a curious question to know how the supply was kept up. The inland counties were dependent entirely on ponds and rivers. London was provided either from the Thames or from the coast of Sussex. An officer of the Fishmongers' Company resided at each of the Cinque Ports whose business it was to buy the fish wholesale from the boats and to forward it on horseback. Three hundred horses were kept for this service at Rye alone. And when an adventurous fisherman, taking advantage of a fair wind, sailed up the Thames with his catch and sold it first hand at London Bridge, the innovation was considered dangerous, and the Mayor of Rye petitioned against it.

Salmon, sturgeon, porpoise, roach, dace, flounders, eels, etc., were caught in considerable quantities in the Thames, below London Bridge, and further up, pike and trout. The fishermen had great nets that stretched all across Limehouse-reach four fathoms deep.

Fresh fish, however, remained the luxury of the rich, and the poor were left to the salt cod, ling, and herring brought in annually by the Iceland fleet.

Fresh herrings sold for five or six a penny in the time of Henry VIII., and were never cheaper. Fresh salmon five and six shillings apiece. Roach, dace, and flounders from two to four shillings a hundred. Pike and barbel varied with their length. The barbel a foot long sold for five-pence, and twopence was added for each additional inch: a pike a foot long sold for sixteen pence, and increased a penny an inch.—Guildhall MSS. Journals 12, 13, 14, 15.

[26] "When the brewer buyeth a quarter of malt for two shillings, then he shall sell a gallon of the best ale for two farthings; when he buyeth a quarter malt for four shillings, the gallon shall be four farthings, and so forth... and that he sell a quart of ale upon his table for a farthing."— Assize of Brewers: from a MS. in Balliol College, Oxford.

By an order of the Lord Mayor and Council of the City of London, in September, 1529, the price of a kilderkin of single beer was fixed at a shilling, the kilderkin of double beer at two shillings; but this included the cask; and the London brewers replied with a remonstrance, saying that the casks were often destroyed or made away with, and that an allowance had to be made for bad debts. "Your beseechers," they said, "have many city debtors, for many of them which have taken much beer into their houses suddenly goeth to the sanctuary, some keep their houses—some purchase the king's protection, and some, when they die, be reckoned poor, and of no value, and many of your said beseechers be for the most part against such debtors remediless and suffer great losses."

They offered to supply then: customers with sixteen gallon casks of single beer for eleven pence, and the same quantity of double beer for a shilling, the cask included. And this offer was accepted.

The corporation, however, returned two years after to their original order. Guildhall Records, MS. Journal 13, pp. 210, 236.

[27] 28 Hen. VIII. cap. 14.

The prices assessed, being a maximum, applied to the best wines of each class. In 1531, the mayor and corporation "did straitly charge and command that all such persons as sold wines by retail within the city and liberties of the same, should from henceforth sell two gallons of the best red wine for eightpence, and not above; the gallon of the best white wine for eightpence, and not above; the pottle, quart, and pint after the same rate, upon pain of imprisonment."

The quality of the wine sold was looked into from time to time, and when found tainted, or unwholesome, "according to the antient customs of the city," the heads of the vessels were broken up, and the wines in them put forth open into the kennels, in example of all other offenders. Guildhall MS. Journals 12 and 13.

[28] Sermons, p.101.

[29] See HARRISON, p. 318. At the beginning of the century farms let for four pounds a year, which in 1576 had been raised to forty, fifty, or a hundred. The price of produce kept pace with the rent. The large farmers prospered; the poor forfeited their tenures.

[30] The wages were fixed at a maximum, showing that labour was scarce, and that its natural tendency was towards a higher rate of remuneration. Persons not possessed of other means of subsistence were punishable if they refused to work at the statutable rate of payment; and a clause in the act of Hen. VIII. directed that where the practice had been to give lower wages, lower wages should be taken. This provision was owing to a difference in the value of money in different parts of England. The price of bread at Stratford, for instance, was permanently twenty-five per cent. below the price in London. (Assize of Bread in England: Balliol MS.) The statute, therefore, may be taken as a guide sufficiently conclusive as to the practical scale. It is of course uncertain how far work was constant. The ascending tendency of wages is an evidence, so far as it goes, in the labourer's favour; and the proportion between the wages of the household farm servant and those of the day labourer, which furnishes a further guide, was much the same as at present. By the same statute of Henry VIII. the common servant of husbandry, who was boarded and lodged at his master's house, received 16s. 8d. a year in money, with 4s. for his clothes; while the wages of the out-door labourer, supposing his work constant, would have been £5 a year. Among ourselves, on an average of different counties, the labourer's wages are £25 to £30 a year, supposing his work constant. The farm servant, unless in the neighbourhood of large towns, receives about £6, or from that to £8.

Where meat and drink was allowed it was calculated at 2d. a day, or 1s. 2d. a week. In the household of the Earl of Northumberland the allowance was 2½d. Here, again, we observe an approach to modern proportions. The estimated cost of the board and lodging of a man servant in an English gentleman's family is now about £25 a year.

[31] Mowers, for instance, were paid 8d. a day.—Privy Purse Expenses of Henry VIII.

[32] In 1581 the agricultural labourer, as he now exists, was only beginning to appear. "There be such in the realm," says Stafford, "as live only by the labour of their hands and the profit which they can make upon the commons."—STAFFORD'S Discourse. This novel class had been called into being by the general raising of rents, and the wholesale evictions of the smaller tenantry which followed the Reformation. The progress of the causes which led to the change can be traced from the beginning of the century. Harrison says he knew old men who, comparing things present with things past, spoke of two things grown to be very grievous—to wit, "the enhancing of rents, and the daily oppression of copyholders, whose lords seek to bring their poor tenants almost into plain servitude and misery, daily devising new means, and seeking up all the old, how to cut them shorter and shorter; doubling, trebling, and now and then seven times increasing their fines; driving them also for every trifle to lose and forfeit their tenures, by whom the greatest part of the realm doth stand and is maintained, to the end they may fleece them yet more: which is a lamentable hearing."—Description of England, p.318.

[33] HALL, p. 581. Nor was the act in fact observed even in London itself, or towards workmen employed by the Government. In 1538, the Corporation of London, "for certain reasonable and necessary considerations," assessed the wages of common labourers at 7d. and 8d. the day, classing them with carpenters and masons.—Guildhall MSS. Journal 14, fol. 10. Labourers employed on Government works in the reign of Hen. VIII. never received less than 6d. a day, and frequently more.—Chronicle of Calais, p. 197, etc. Sixpence a day is the usual sum entered as the wages of a day's labour in the innumerable lists of accounts in the Record Office. And 6d. a day again was the lowest pay of the common soldier, not only on exceptional service in the field, but when regularly employed in garrison duty. Those who doubt whether this was really the practice, may easily satisfy themselves by referring to the accounts of the expenses of Berwick, or of Dover, Deal, or Walmer Castles, to be found in the Record Office in great numbers. The daily wages of the soldier are among the very best criteria for determining the average value of the unskilled labourer's work. No government gives higher wages than it is compelled to give by the market rate.

[34] The wages of the day labourer in London, under this act of Elizabeth, were fixed at 9d. the day, and this, after the restoration of the depreciated currency.—Guildhall MSS. Journal 18, fol. 157, etc.

[35] 4 Hen. VII. cap. 16. By the same parliament these provisions were extended to the rest of England. 4 Hen. VII. cap. 19.

[36] HALL, p. 863.

[37] 27 Hen. VIII. cap. 22.

[38] There is a cause of difficulty "peculiar to England, the increase of pasture, by which sheep may be now said to devour men and unpeople not only villages but towns. For wherever it is found that the sheep yield a softer and richer wool than ordinary, there the nobility and gentry, and even those holy men the abbots, not contented with the old rents which their farms yielded, nor thinking it enough that they, living at their ease, do no good to the public, resolve to do it hurt instead of good. They stop the course of agriculture.... One shepherd can look after a flock which will stock an extent of ground that would require many hands if it were ploughed and reaped. And this likewise in many places raises the price of corn. The price of wool is also risen ... since, though sheep cannot be called a monopoly, because they are not engrossed by one person; yet they are in so few hands, and these are so rich, that as they are not prest to sell them sooner than they have a mind to it, so they never do it till they have raised the price as high as possible."—Sir THOMAS MORE'S Utopia, Burnet's Translation, pp. 17-19.

[39] I find scattered among the State Papers many loose memoranda, apparently of privy councillors, written on the backs of letters, or on such loose scraps as might be at hand. The following fragment on the present subject is curious. I do not recognise the hand:—

"Mem. That an act may be made that merchants shall employ their goods continually in the traffic of merchandise, and not in the purchasing of lands; and that craftsmen, also, shall continually use their crafts in cities and towns, and not leave the same and take farms in the country; and that no merchant shall hereafter purchase above £40 lands by the year."—Cotton MS. Titus, b. i. 160.

[40] When the enclosing system was carried on with greatest activity and provoked insurrection. In expressing a sympathy with the social policy of the Tudor government, I have exposed myself to a charge of opposing the received and ascertained conclusions of political economy. I disclaim entirely an intention so foolish; but I believe that the science of political economy came into being with the state of things to which alone it is applicable. It ought to be evident that principles which answer admirably when a manufacturing system capable of indefinite expansion multiplies employment at home—when the soil of England is but a fraction of its empire, and the sea is a highway to emigration—would have produced far different effects, in a condition of things which habit had petrified into form, when manufactures could not provide work for one additional hand, when the first colony was yet unthought of, and where those who were thrown out of the occupation to which they had been bred could find no other. The tenants evicted, the labourers thrown out of employ, when the tillage lands were converted into pastures, had scarcely an alternative offered them except to beg, to rob, or to starve.

[41] Lansdowne MS. No. I. fol. 26.

[42] GIUSTINIANI'S Letters from the Court of Henry VIII.

[43] Ibid.

[44] 22 Hen. VIII. cap. 18.

[45] Under Hen. VI. the household expenses were £23,000 a year—Cf. Proceedings and Ordinances of the Privy Council, vol. vi. p. 35. The particulars of the expenses of the household of Hen. VIII. are in an MS. in the Rolls House. They cover the entire outlay except the personal expenditure of the king, and the sum total amounts to £14,365 10s. 7d. This would leave above £5000 a year for the privy purse, not, perhaps, sufficient to cover Henry's gambling extravagances in his early life. Curious particulars of his excesses in this matter will be found in a publication wrongly called The Privy Purse Expenses of Henry the Eighth. It is a diary of general payments, as much for purposes of state as for the king himself. The high play was confined for the most part to Christmas or other times of festivity, when the statutes against unlawful games were dispensed with for all classes.

[46] 18 Hen. VI. cap. 11.

[47] 4 Hen. VII. cap. 12.

[48] During the quarter sessions time they were allowed 4s. a day.—Ric. II. xii. 10.

[49] The rudeness of the furniture in English country houses has been dwelt upon with much emphasis by Hume and others. An authentic inventory of the goods and chattels in a parsonage in Kent proves that there has been much exaggeration in this matter. It is from an MS. in the Rolls House.

The Inventory of the Goods and Catales of Richd. Master, Clerk, Parson of Aldington, being in his Parsonage on the 20th Day of April, in the 25th Year of the Reign of our Sovereign Lord King Henry VIII.

Plate

Silver spoons, twelve.

In the Hall

Two tables and two forms.

Item, a painted cloth hanging at the upper part of the hall.

Item, a green banker hung on the bench in the hall.

Item, a laver of laten.

In the Parlour

A hanging of old red and green saye.

Item, a banker of woven carpet of divers colours.

Item, two cushions.

Item, one table, two forms, one cupboard, one chair.

Item, two painted pictures and a picture of the names of kings of England

pinned on the said hanging.

In the Chamber on the North Side of the said Parlour

A painted hanging.

Item, a bedstedyll with a feather bed, one bolster, two pillows, one blanket,

one roulett of rough tapestry, a testner of green and red saye.

Item, two forms.

Item, one jack to set a basin on.

In the Chamber over the Parlour

Two bedsteads.

Item, another testner of painted cloth.

Item, a painted cloth.

Item, two forms.

At the Stairs' Hed beside the Parson's Bedchamber

One table, two trestylls, four beehives.

In the Parson's Lodging-chamber

A bedstedyll and a feather bed, two blankets, one payr of sheets, one

coverlet of tapestry lined with canvas, one bolster, one pillow with

a pillocote.

Item, one gown of violet cloth lined with red saye.

Item, a gown of black cloth, furred with lamb.

Item, two hoods of violet cloth, whereof one is lined with green sarsenet.

Item, one jerkyn of tawny camlet.

Item, a jerkyn of cloth furred with white.

Item, a jacket of cloth furred.

Item, a sheet to put in cloth.

Item, one press.

Item, a leather mail.

Item, one table, two forms, four chairs, two trestylls.

Item, a tester of painted cloth.

Item, a pair of hangings of green saye, with two pictures thereupon.

Item, one cupboard, two chests.

Item, a little flock bed, with a bolster and a coverlet.

Item, one cushion, one mantell, one towel, and, by estimation, a pound

of wax candles.

Item, Greek books covered with boards, 42.

Item, small books covered with boards, 33.

Item, books covered with leather and parchment, 38.

In the said Chest in the said Chamber

Three pieces of red saye and green.

Item, one tyke for a bolster, two tykes for pillows.

Item, a typpett of cloth.

Item, diaper napkins, 4, diaper towels, 2.

Item, four pairs of sheets, and one shete, two tablecloths.

In the other Chest in the same Chamber

One typpett of sarsenett.

Item, two cotes belonging to the crosse of Underbill, whereupon hang

thirty-three pieces of money, rings, and other things, and three

crystal stones closed in silver.

In the Study

Two old boxes, a wicker hamper full of papers.

In the Chamber behind the Chimney

One seam and a half of old malt.

Item, a trap for rats.

Item, a board of three yards length.

In the Chamber next adjoining westwards

One bedstedyll, one flock bed, one bolster.

One form, two shelf boards, one little table, two trestylls, two awgyes, one

nett, called a stalker, a well rope, five quarters of hemp.

In the Buttery

Three basins of pewter, five candlesticks, one ewer of lateen, one chafing

dish, two platters, one dish, one salter, three podingers [? porringer],

a saltseller of pewter, seven kilderkyns, three keelers, one form, five

shelves, one byn, one table, one glasse bottell.

In the Priest's Chamber

One bedstedyll, one feather bed, two forms, one press.

In the Woman's Keeping

Two tablecloths, two pairs of sheets.

In the Servant's Chamber

One painted hanging, a bedstedyll, one feather bed, a press, and a shelf.

In the Kitchen

Eight bacon flitches, a little brewing lead, three brass pots, three kettles,

one posnett, one frying-pan, a dripping-pan, a great pan, two trivetts,

a chopping knife, a skimmer, one fire rake, a pothanger, one pothooke,

one andiron, three spits, one gridiron, one firepan, a coal rake of iron,

two bolts [? butts], three wooden platters, six boldishes, three forms,

two stools, seven platters, two pewter dishes, four saucers, a covering

of a saltseller, a podynger, seven tubbs, a caldron, two syffs, a capon

cope, a mustard quern, a ladder, two pails, one beehive.

In the Mill-house

Seven butts, two cheeses, an old sheet, an old brass pan, three podyngers,

a pewter dish.

In the Boulting-house

One brass pan, one quern, a boulting hutch, a boulting tub, three little

tubbys, two keelers, a tolvett, two boulters, one tonnell.

In the Larder

One sieve, one bacon trough, a cheese press, one little tub, eight shelves,

one graper for a well.

Wood

Of tall wood ten load, of ash wood a load and a half.

Poultry

Nine hens, eight capons, one cock, sixteen young chickens, three old

geese, seventeen goslings, four ducks.

Cattle

Five young hoggs, two red kyne, one red heifer two years old, one bay

gelding lame of spavins, one old grey mare having a mare colt.

In the Entries

Two tubbs, one trough, one ring to bear water and towel, a chest to keep

cornes.

In the same House

Five seams of lime.

In the Woman's Chamber

One bedstedyll of hempen yarn, by estimation 20 lbs.

Without the House

Of tyles, ——, of bricks, ——, seven planks, three rafters, one ladder.

In the Gate-house

One form, a leather sack, three bushels of wheat.

In the Still beside the Gate

Two old road saddles, one bridle, a horse-cloth.

In the Barn next the Gate

Of wheat unthrashed, by estimation, thirty quarters, of barley unthrashed,

by estimation, five quarters.

In the Cartlage

One weene with two whyles, one dung-cart without whyles, two shod-whyles,

two yokes, one sledge.

In the Barn next the Church

Of oats unthrashed, by estimation, one quarter.

In the Garden-house

Of oats, by estimation, three seams four bushels.

In the Court

Two racks, one ladder.

[50] Two hundred poor were fed daily at the house of Tomas Cromwell. This fact is perfectly authenticated. Stowe the historian, who did not like Cromwell, lived in an adjoining house, and reports it as an eye witness.—See STOWE'S Survey of London.

[51] HARRISON'S Description of Britain.

[52] The Earl and Countess of Northumberland breakfasted together alone at seven. The meal consisted of a quart of ale, a quart of wine, and a chine of beef: a loaf of bread is not mentioned, but we hope it may be presumed. On fast days the beef was exchanged for a dish of sprats or herrings, fresh or salt.—Northumberland Household Book, quoted by Hume.

[53] Some notice of the style of living sometimes witnessed in England in the old times may be gathered from the details of a feast given at the installation of George Neville, brother of Warwick the King Maker, when made Archbishop of York.

The number of persons present including servants was about 3500.

The provisions were as follow—

Wheat, 300 quarters.

Ale, 300 tuns.

Wine, 104 tuns.

Ipocras, 1 pipe.

Oxen, 80.

Wild bulls, 6.

Muttons, 1004.

Veal, 300.

Porkers, 300.

Geese, 3000.

Capons, 2300.

Pigs, 2000.

Peacocks, 100.

Cranes, 200.

Kids, 200.

Chickens, 2000.

Pigeons, 4000.

Conies, 4000.

Bitterns, 204.

Mallards and teals, 4000.

Heronshaws, 4000.

Fesants, 200.

Partridges, 500.

Woodcocks, 400.

Plovers, 400.

Curlews, 100.

Quails, 100.

Egrets, 1000

Rees, 200.

Harts, bucks, and roes, 400 and odd.

Pasties of venison, cold, 4000.

Pasties of venison, hot, 1506.

Dishes of jelly, pasted, 1000.

Plain dishes of jelly, 4000.

Cold tarts, baken, 4000.

Cold custards, 4000.

Custards, hot, 2000.

Pikes, 300.

Breams, 300.

Seals, 8.

Porpoises, 4.

[54] LATIMER'S Sermons, p. 64.

[55] Statutes of the Realm, 1 Ed. VI. cap. 12.

[56] HOOKER'S Life of Sir Peter Carew.

[57] In a subsequent letter he is described as learning French, etymology, casting of accounts, playing at weapons, and other such exercises.—ELLIS, third series, vol. i. p. 342-3.

[58] It has been objected that inasmuch as the Statute Book gives evidence of extensive practices of adulteration, the guild system was useless, nay, it has been even said that it was the cause of the evil. Cessante causâ cessat effectus;—when the companies lost their authority, the adulteration ought to have ceased, which in the face of recent exposures will be scarcely maintained. It would be as reasonable to say that the police are useless because we have still burglars and pickpockets among us.

[59] Throughout the old legislation, morality went along with politics and economics, and formed the life and spirit of them. The fruiterers in the streets were prohibited from selling plums and apples, because the apprentices played dice with them for their wares, or because the temptation induced children and servants to steal money to buy. When Parliament came to be held regularly in London, an order of Council fixed the rates which the hotel-keeper might charge for dinners. Messes were served for four at twopence per head; the bill of fare providing bread, fish, salt and fresh, two courses of meat, ale, with fire and candles. And the care of the Government did not cease with their meals, and in an anxiety that neither the burgesses nor their servants should be led into sin, stringent orders were issued against street-walkers coming near their quarters.—Guildhall MSS. Journals 12 and 15.

The sanitary regulations for the city are peculiarly interesting. The scavengers, constables and officers of the wards were ordered, "on pain of death," to see all streets and yards kept clear of dung and rubbish and all other filthy and corrupt things. Carts went round every Monday, Wednesday, and Saturday, to carry off the litter from the houses, and on each of those days twelve buckets of water were drawn for "every person," and used in cleaning their rooms and passages.

Particular pains were taken to keep the Thames clean, and at the mouth of every sewer or watercourse there was a strong iron grating two feet deep.—Guildhall MSS. Journal 15.

[60] And not in England alone, but throughout Europe.

[61] 27 Hen. VIII. cap. 25.

[62] Ibid.

[63] Ibid.

[64] 22 Hen. VIII. cap. 4; 28 Hen. VIII. cap. 5.

[65] Statut. Winton. 13 Edw. I. cap. 6.

[66] 12 Rich. II. cap. 6: 11 Hen. IV. cap. 4.

[67] ELLIS'S Original Letters, first series, vol. i. p. 226.

[68] It has been stated again and again that the policy of Henry the Eighth was to make the crown despotic by destroying the remnants of the feudal power of the nobility. How is such a theory to be reconciled with statutes the only object of which was the arming and training of the country population, whose natural leaders were the peers, knights, and gentlemen? We have heard too much of this random declamation.

[69] 33 Hen. VIII. cap. 9.

[70] From my experience of modern archery I found difficulty in believing that these figures were accurately given. Few living men could send the lightest arrow 220 yards, even with the greatest elevation, and for effective use it must be delivered nearly point blank. A passage in HOLINSHED'S Description of Britain, however, prevents me from doubting that the words of the statute are correct. In his own time, he says that the strength of the English archers had so notoriously declined that the French soldiers were in the habit of disrespectfully turning their backs, at long range, "bidding them shoot," whereas, says Holinshed, "had the archers been what they were wont to be, these fellows would have had their breeches nailed unto their buttocks." In an order for bowstaves, in the reign of Henry the Eighth, I find this direction: "Each bowstave ought to be three fingers thick and squared, and seven feet long: to be got up well polished and without knots."—Butler to Bullinger: Zurich Letters.

[71] Page 735, quarto edition.

[72] The Personages, Dresses, and Properties of a Mystery Play, acted at Greenwich, by command of Henry VIII. Rolls House MS.

[73] Hall says "collar of the garter of St. Michael," which, however, I venture to correct.

[74] Rich. II. 12, cap. 7, 8, 9; Rich. II. 15, cap. 6.

[75] Lansdowne MSS. 1, fol. 26.

[76] Injunctions to the Monasteries: BURNET'S Collect. pp. 77-8.

[77] Letter of Thomas Dorset to the Mayor of Plymouth: Suppression of the Monasteries, p. 36.

[78] "Divers of your noble predecessors, kings of this realm, have given lands to monasteries, to give a certain sum of money yearly to the poor people, whereof for the ancienty of the time they never give one penny. Wherefore, if your Grace will build to your poor bedemen a sure hospital that shall never fail, take from them these things.... Tie the holy idle thieves to the cart to be whipped, naked, till they fall to labour, that they, by their importunate begging take not away the alms that the good charitable people would give unto us sore, impotent, miserable people, your bedemen."—FISH'S Supplication: FOXE, vol. iv. p. 664.

[79] 27 Hen. VIII. cap. 25.

[80] Roads, harbours, embankments, fortifications at Dover and at Berwick, etc.—STRYPE's Memorials, vol. 1. p. 326 and 419.

[81] It is to be remembered that the criminal law was checked on one side by the sanctuary system, on the other by the practice of benefit of clergy. Habit was too strong for legislation, and these privileges continued to protect criminals long after they were abolished by statute. There is abundant evidence that the execution of justice was as lax in practice as it was severe in theory.

[82] 27 Ed. III. stat. 1; 38 Ed. III. stat. 2; 16 Rich. cap. 5.

[83] 25 Ed. III. stat. 4; stat. 5, cap. 22; 13 Rich. II. stat. 2, cap. 2; 2 Hen. IV. cap. 3; 9 Hen. IV. cap. 8.

[84] See p. 42.

[85] Lansdowne MS. 1, fol. 26; STOW'S Chron. ed. 1630, p. 338.

[86] 2 Hen. IV. cap. 3; 9 Hen. IV. cap. 8.

[87] 2 Hen. IV. cap. 15.

[88] Hen. VII. cap. 4. Among the miscellaneous publications of the Record Commission, there is a complaint presented during this reign, by the gentlemen and the farmers of Carnarvonshire, accusing the clergy of systematic seduction of their wives and daughters.

[89] Hen. IV. cap. 15.

[90] MORTON'S Register, MS. Lambeth. See vol. ii. cap. 10, of the second edition of this work for the results of Morton's investigation.

[91] MORTON'S Register; and see WILKINS'S Concilia, vol. iii. pp. 618-621.

[92] Quibus Dominus intimavit qualis infamia super illos in dictâ civitate crescit quod complures eorundem tabernas pandoxatorias, sive caupones indies exerceant ibidem expectando fere per totum diem. Quare Dominus consuluit et monuit eosdem quod in posterum talia dimittant, et quod dimittant suos longos crines et induantur togis non per totum apertis.

[93] The expression is remarkable. They were not to dwell on the offences of their brethren coram laicis qui semper clericis sunt infesti.—WILKINS, vol. iii. p. 618.

[94] Johannes permissione divinâ Cantuar. episcop. totius Angliæ primas cum in præsenti convocatione pie et salubriter consideratum fuit quod nonnulli sacerdotes et alii clerici ejusdem nostræ provinciæ in sacris ordinibus constituti honestatem clericalem in tantum abjecerint ac in comâ tonsurâque et superindumentis suis quæ in anteriori sui parte totaliter aperta existere dignoscuntur, sic sunt dissoluti et adeo insolescant quod inter eos et alios laicos et sæculares viros nulla vel modica comæ vel habituum sive vestimentorum distinctio esse videatur quo fiet in brevi ut a multis verisimiliter formidatur quod sicut populus ita et sacerdos erit, et nisi celeriori remedio tantæ lasciviæ ecclesiasticarum personarum quanto ocyus obviemus et clericorum mores hujusmodi maturius compescamus, Ecclesia Anglicana quæ superioribus diebus vitâ famâ et compositis moribus floruisse dignoscitur nostris temporibus quod Deus avertat, præcipitanter ruet;

Desiring, therefore, to find some remedy for these disorders, lest the blood of those committed to him should be required at his hands, the archbishop decrees and ordains,—

Ne aliquis sacerdos vel clericus in sacris ordinibus constitutus togam gerat nisi clausam a parte anteriori et non totaliter apertam neque utatur ense nec sicâ nec zonâ aut marcipio deaurato vel auri ornatum habente. Incedent etiam omnes et singuli presbyteri et clerici ejusdem nostræ provinciæ coronas et tonsuras gerentes aures patentes ostendendo juxta canonicas sanctiones.—WILKINS, vol. iii. p. 619.

[95] See WARHAM'S Register, MS. Lambeth.

[96] 21 Hen. VIII. cap. 13.

[97] ROY'S Satire against the Clergy, written about 1528, is so plain-spoken, and goes so directly to the point of the matter, that it is difficult to find a presentable extract. The following lines on the bishops are among the most moderate in the poem:—

"What are the bishops divines—

Yea, they can best skill of wines

Better than of divinity;

Lawyers are they of experience,

And in cases against conscience

They are parfet by practice.

To forge excommunications,

For tythes and decimations

Is their continual exercise.

As for preaching they take no care,

They would rather see a course at a hare;

Rather than to make a sermon

To follow the chase of wild deer,

Passing the time with jolly cheer.

Among them all is common

To play at the cards and dice;

Some of them are nothing nice

Both at hazard and momchance;

They drink in golden bowls

The blood of poor simple souls

Perishing for lack of sustenance.

Their hungry cures they never teach,

Nor will suffer none other to preach," etc.

[98] LATIMER'S Sermons, pp. 70, 71.

[99] A peculiarly hateful form of clerical impost, the priests claiming the last dress worn in life by persons brought to them for burial.

[100] Fitz James to Wolsey, FOXE, vol. iv. p. 196.

[101] Supplication of the Beggars; FOXE, vol. iv. p. 661. The glimpses into the condition of the monasteries which had been obtained in the imperfect visitation of Morton, bear out the pamphleteer too completely. See chapter x. of this work, second edition.

[102] FOXE, vol. iv. p. 658.

[103] 13 Ric. II. stat. ii. c. 2; 2 Hen. IV. c. 3; 9 Hen. IV. c. 8. Lingard is mistaken in saying that the Crown had power to dispense with these statutes. A dispensing power was indeed granted by the 12th of the 7th of Ric. II. But by the 2nd of the 13th of the same reign, the king is expressly and by name placed under the same prohibitions as all other persons.

[104] HALL, p. 784.

[105] 25 Hen. VIII. c. 22.

[106] 28 Hen. VIII. c. 24. Speech of Sir Ralph Sadler in parliament, Sadler Papers, vol. iii. p. 323.

[107] Nor was the theory distinctly admitted, or the claim of the house of York would have been unquestionable.

[108] 25 Hen. VIII. c. 22, Draft of the Dispensation to be granted to Henry VIII. Rolls House MS. It has been asserted by a writer in the Tablet that there is no instance in the whole of English history where the ambiguity of the marriage law led to a dispute of title. This was not the opinion of those who remembered the wars of the fifteenth century. "Recens in quorundam vestrorum animis adhuc est illius cruenti temporis memoria," said Henry VIII. in a speech in council, "quod a Ricardo tertio cum avi nostri materni Edwardi quarti statum in controversiam vocâsset ejusque heredes regno atque vitâ privâsset illatum est."-WILKINS'S Concilia, vol. iii. p. 714. Richard claimed the crown on the ground that a precontract rendered his brother's marriage invalid, and Henry VII. tacitly allowed the same doubt to continue. The language of the 22nd of the 25th of Hen. VIII. is so clear as to require no additional elucidation; but another distinct evidence of the belief of the time upon the subject is in one of the papers laid before Pope Clement.

"Constat, in ipso regno quam plurima gravissima bella sæpe exorta, confingentes ex justis et legitimis nuptiis quorundam Angliæ regum procreatos illegitimos fore propter aliquod consangunitatis vel affinitatis confictum impedimentum et propterea inhabiles esse ad regni successionem."—Rolls House MS.; WILKINS'S Concilia, vol. iii. p. 707.

[109] 28 Hen. VIII. c. 24.

[110] Appendix 2 to the Third Report of the Deputy-Keeper of the Public Records, p. 241.

[111] Sadler Papers, vol. iii. p. 323.

[112] 28 Hen. VIII. c. 24.

[113] Four Years at the Court of Henry the Eighth, vol. ii. pp. 315-16.

[114] Sir Charles Brandon, created Duke of Suffolk, and married to Mary Tudor, widow of Louis XII.

[115] 28 Hen. VIII. c. 24.

[116] The treaty was in progress from Dec. 24, 1526, to March 2, 1527 [LORD HERBERT, pp. 80, 81], and during this time the difficulty was raised. The earliest intimation which I find of an intended divorce was in June, 1527, at which time Wolsey was privately consulting the bishops.—State Papers vol. i. p. 189.

[117] It was for some time delayed; and the papal agent was instructed to inform Ferdinand that a marriage which was at variance a jure et laudabilibus moribus could not be permitted nisi maturo consilio et necessitatis causâ.—Minute of a brief of Julius the Second, dated March 13, 1504, Rolls House MS.

[118] LORD HERBERT, p. 114.

[119] LORD HERBERT, p. 117, Kennett's edition. The act itself is printed in BURNET'S Collectanea, vol. iv. (Nares' edition) pp. 5, 6. It is dated June 27, 1505. Dr. Lingard endeavours to explain away the renunciation as a form. The language of Moryson, however, leaves no doubt either of its causes or its meaning. "Non multo post sponsalia contrahuntur," he says, "Henrico plus minus tredecim annos jam nato. Sed rerum non recte inceptarum successus infelicior homines non prorsus oscitantes plerumque docet quid recte gestum quid perperam, quid factum superi volunt quid infectum. Nimirum Henricus Septimus nullâ ægritudinis prospecta causâ repente in deteriorem valetudinem prolapsus est, nec unquam potuit affectum corpus pristinum statum recuperare. Uxor in aliud ex alio malum regina omnium laudatissimia non multo post morbo periit. Quid mirum si Rex tot irati numinis indiciis admonitus cœperit cogitare rem male illis succedere qui vellent hoc nomine cum Dei legibus litem instituere ut diutius cum homine amicitiam gerere possent. Quid deinceps egit? Quid aliud quam quod decuit Christianissimum regem? Filium ad se accersiri jubet, accersitur. Adest, adsunt et multi nobilissimi homines. Rex filium regno natum hortatur ut secum una cum doctissimis ac optimis viris cogitavit nefarium esse putare leges Dei leges Dei non esse cum papa volet. Non ita longâ oratione usus filium patri obsequentissimum a sententiâ nullo negotio abduxit. Sponsalia contracta infirmantur, pontificiæque auctoritatis beneficio palam renunciatum est. Adest publicus tabellio—fit instrumentum. Rerum gestarum testes rogati sigilla apponunt. Postremo filius patri fidem se illam uxorem nunquam ducturum."—Apomaxis RICARDI MORYSINI. Printed by Berthelet, 1537.

[120] See LINGARD, sixth edition, vol. iv. p. 164.

[121] HALL, p. 507.

[122] He married Catherine, June 3, 1509. Early in the spring of 1510 she miscarried.—Four Years at the Court of Henry VIII. vol. i. p. 83.

Jan. 1, 1511. A prince was born, who died Feb. 22.—HALL.

Nov. 1513. Another prince was born, who died immediately.—LINGARD, vol. iv, p. 290.

Dec. 1514. Badoer, the Venetian ambassador, wrote that the queen had been delivered of a still-born male child, to the great grief of the whole nation.

May 3, 1515. The queen was supposed to be pregnant. If the supposition was right, she must have miscarried.—Four Years at the Court of Henry VIII. vol. i. p. 81.

Feb. 18, 1516. The Princess Mary was born.

July 3, 1518. "The Queen declared herself quick with child." (Pace to Wolsey: State Papers, vol. i. p. 2,) and again miscarried.

These misfortunes we are able to trace accidentally through casual letters, and it is probable that these were not all. Henry's own words upon the subject are very striking:—

"All such issue male as I have received of the queen died incontinent after they were born, so that I doubt the punishment of God in that behalf. Thus being troubled in waves of a scrupulous conscience, and partly in despair of any issue male by her, it drove me at last to consider the estate of this realm, and the danger it stood in for lack of issue male to succeed me in this imperial dignity."—CAVENDISH, p. 220.

[123] "If a man shall take his brother's wife it is an unclean thing. He hath uncovered his brother's nakedness. They shall be childless."—Leviticus xx. 21. It ought to be remembered, that if the present law of England be right, the party in favour of the divorce was right.

[124] Letters of the Bishop of Bayonne, LEGRAND, vol. iii.

[125] Legates to the Pope, printed in BURNET'S Collectanea, p. 40.

[126] State Papers, vol. vii. p. 117.

[127] Letters of the Bishop of Bayonne, LEGRAND, vol. iii.; HALL, 669.

[128] They were shut up in the Castle of St. Angelo.

[129] State Papers, vol. vii. pp. 18, 19.

[130] The fullest account of Wolsey's intentions on church reform will be found in a letter addressed to him by Fox, the old blind Bishop of Winchester, in 1528. The letter is printed in STRYPE'S Memorials Eccles. vol. i. Appendix 10.

[131] Letters of the Bishop of Bayonne, LEGRAND, vol. iii. It is not uncommon to find splendid imaginations of this kind haunting statesmen of the 16th century; and the recapture of Constantinople always formed a feature in the picture. A Plan for the Reformation of Ireland, drawn up in 1515, contains the following curious passage: "The prophecy is, that the King of England shall put this land of Ireland into such order that the wars of the land, whereof groweth the vices of the same, shall cease for ever; and after that God shall give such grace and fortune to the same king that he shall with the army of England and of Ireland subdue the realm of France to his obeysance for ever, and shall rescue the Greeks, and recover the great city of Constantinople, and shall vanquish the Turks and win the Holy Cross and the Holy Land, and shall die Emperor of Rome, and eternal blisse shall be his end."—State Papers, vol. ii. pp. 30, 31.

[132] Knight to Henry: State Papers, vol. vii. pp. 2, 3.

[133] Wolsey to Cassalis: Ibid. p. 26.

[134] The dispensing power of the popes was not formally limited. According to the Roman lawyers, a faculty lay with them of granting extraordinary dispensations in cases where dispensations would not be usually admissible—which faculty was to be used, however, dummodo causa cogat urgentissima ne regnum aliquod funditus pereat; the pope's business being to decide on the question of urgency.—Sir Gregory Cassalis to Henry VIII., Dec. 26, 1532. Rolls House MS.

[135] Knight and Cassalis to Wolsey: BURNET'S Collect. p. 12.

[136] STRYPE'S Memorials, vol. i., Appendix p. 66.

[137] Sir F. Bryan and Peter Vannes to Henry; State Papers, vol. vii. p. 144.

[138] STRYPE'S Memorials, Appendix, vol. i. p. 100.

[139] Ibid. Appendix, vol. i. pp. 105-6; BURNET'S Collectanea, p. 13.

[140] Wolsey to the Pope, BURNET'S Collectanea, p. 16: Vereor quod tamen nequeo tacere, ne Regia Majestas, humano divinoque jure quod habet ex omni Christianitate suis his actionibus adjunctum freta, postquam viderit sedis Apostolicæ gratiam et Christi in terris Vicarii clementiam desperatam Cæsaris intuitu, in cujus manu neutiquam est tam sanctos conatus reprimere, ea tunc moliatur, ea suæ causæ perquirat remedia, quæ non solum huic Regno sed etiam aliis Christianis principibus occasionem subministrarent sedis Apostolicæ auctoritatem et jurisdictionem imminuendi et vilipendendi.

[141] BURNET'S Collectanea, p. 20. Wolsey to John Cassalis: "If his Holyness, which God forbid, shall shew himself unwilling to listen to the king's demands, to me assuredly it will be but grief to live longer, for the innumerable evils which I foresee will then follow. One only sure remedy remains to prevent the worst calamities. If that be neglected, there is nothing before us but universal and inevitable ruin."

[142] Gardiner and Fox to Wolsey; STRYPE'S Memorials, vol. i. Appendix, p. 92.

[143] His Holiness being yet in captivity, as he esteemed himself to be, so long as the Almayns and Spaniards continue in Italy, he thought if he should grant this commission that he should have the emperour his perpetual enemy without any hope of reconciliation. Notwithstanding he was content rather to put himself in evident ruin, and utter undoing, than the king or your Grace shall suspect any point of ingratitude in him; heartily desiring with sighs and tears that the king and your Grace which have been always fast and good to him, will not now suddenly precipitate him for ever: which should be done if immediately on receiving the commission your Grace should begin process. He intendeth to save all upright thus. If M. de Lautrec would set forwards, which he saith daily that he will do, but yet he doth not, at his coming the Pope's Holiness may have good colour to say, "He was required of the commission by the ambassador of England, and denying the same, he was, eftsoons, required by M. de Lautrec to grant the said commission, inasmuch as it was but a letter of justice." And by this colour he would cover the matter so that it might appear unto the emperour that the pope did it not as he that would gladly do displeasure unto the emperour, but as an indifferent judge, that could not nor might deny justice, specially being required by such personages; and immediately he would despatch a commission bearing date after the time that M. de Lautrec had been with him or was nigh unto him. The pope most instantly beseecheth your Grace to be a mean that the King's Highness may accept this in a good part, and that he will take patience for this little time, which, as it is supposed, will be but short.—Knight to Wolsey and the King, Jan. 1, 1527-8: BURNET Collections, 12, 13.

[144] Such at least was the ultimate conclusion of a curious discussion. When the French herald declared war, the English herald accompanied him into the emperor's presence, and when his companion had concluded, followed up his words with an intimation that unless the French demands were complied with, England would unite to enforce them. The Emperor replied to Francis with defiance. To the English herald he expressed a hope that peace on that side would still be maintained. For the moment the two countries were uncertain whether they were at war or not. The Spanish ambassador in London did not know, and the court could not tell him. The English ambassador in Spain did not leave his post, but he was placed under surveillance. An embargo on Spanish and English property was laid respectively in the ports of the two kingdoms; and the merchants and residents were placed under arrest. Alarmed by the outcry in London, the king hastily concluded a truce with the Regent of the Netherlands, the language of which implied a state of war; but when peace was concluded between France and Spain, England appeared only as a contracting party, not as a principal, and in 1542 it was decided that the antecedent treaties between England and the empire continued in force.—See LORD HERBERT; HOLINSHED; State Papers, vols. vii. viii. and ix.; with the treaties in RYMER, vol. vi. part 2.

[145] Gardiner to the King: BURNET'S Collectanea, p. 426.

[146] Duke of Suffolk to Henry the Eighth: State Papers, vol. vii, p. 183.

[147] Duke of Suffolk to Henry VIII.: State Papers, vol. vii. p. 183.

[148] HALL, p. 744.

[149] When the clothiers of Essex, Kent, Wiltshire, Suffolk, and other shires which are clothmaking, brought cloths to London to be sold, as they were wont, few merchants or none bought any cloth at all. When the clothiers lacked sale, then they put from them their spinners, carders, tuckers, and such others that lived by clothworking, which caused the people greatly to murmur, and specially in Suffolk, for if the Duke of Norfolk had not wisely appeased them, no doubt but they had fallen to some rioting. When the king's council was advertised of the inconvenience, the cardinal sent for a great number of the merchants of London, and to them said, "Sirs, the king is informed that you use not yourselves like merchants, but like graziers and artificers; for where the clothiers do daily bring cloths to the market for your ease, to their great cost, and then be ready to sell them, you of your wilfulness will not buy them, as you have been accustomed to do. What manner of men be you?" said the cardinal. "I tell you that the king straitly commandeth you to buy their cloths as beforetime you have been accustomed to do, upon pain of his high displeasure."—HALL, p. 746.

[150] LEGRAND, vol. iii. p. 157. By manners and customs he was referring clearly to his intended reformation of the church. See the letter of Fox, Bishop of Winchester (STRYPE'S Memorials, vol. ii. p. 25), in which Wolsey's intentions are dwelt upon at length.

[151] Ibid. pp. 136, 7.

[152] State Papers, vol. vii. pp. 96, 7.

[153] Wolsey to Cassalis: Ibid. p. 100.

[154] State Papers, vol. vii. pp. 106, 7

[155] Ibid. p. 113.

[156] Ibid. vii. p. 113.

[157] Take the veil.

[158] Instruction to the Ambassadours at Rome: State Papers, vol. vii. p. 136.

[159] Letters of the Bishop of Bayanne, LEGRAND, vol. iii.

[160] LEGRAND, vol. iii. 231.

[161] Instrucion para Gonzalo Fernandez que se envoie a Ireland al Conde de Desmond, 1529.—MS. Archives at Brussels.—The Pilgrim, note 1, p. 169.

[162] Henrici regis octavi de repudiandâ dominâ Catherinâ oratio Idibus Novembris habita 1528.

Veneranda et chara nobis præsulum procerum atque consiliariorum cohors quos communis reipublicæ atque regni nostri administrandi cura conjunxit. Haud vos latet divinâ nos Providentiâ viginti jam ferme annis hanc nostram patriam tantâ felicitate rexisse ut in illâ ab hostilibus incursionibus tuta semper interea fuerit et nos in his bellis quæ suscepimus victores semper evasimus; et quanquam in eo gloriâri jure possumus majorem tranquillitatem opes et honores prioribus huc usque ductis socculis, nunquam subditis a majoribus parentibusque nostris Angliâ regibus quam a nobis provenisse, tamen quando cum hâc gloriâ in mentem una venit ac concurrit mortis cogitatio, veremur ne nobis sine prole legitimâ decedentibus majorem ex morte nostrâ patiamini calamitatem quam ex vitâ fructum ac emolumentum percepistis. Recens enim in quorundam vestrorum animis adhuc est illius cruenti temporis memoria quod a Ricardo tertio cum avi nostri materni Edwardi Quarti statum in controversiam vocasset ejusque heredes regno atque vitâ privâsset illatum est. Tum ex historiis notæ sunt illæ diræ strages quæ a clarissimis Angliæ gentibus Eboracensi atque Lancastrensi, dum inter se de regno et imperio multis ævis contenderent, populo evenerunt. Ac illæ ex justis nuptiis inter Henricum Septimum et dominam Elizabetham clarissimos nostros parentes contractis in nobis inde legitimâ natâ sobole sopitæ tandem desierunt. Si vero quod absit, regalis ex nostris nuptiis stirps quæ jure deinceps regnare possit non nascatur, hoc regnum civilibus atque intestinis se versabit tumultibus aut in exterorum dominationem atque potestatem veniet. Nam quanquam formâ atque venustate singulari, quæ magno nobis solatio fuit filiam Dominam Mariam ex nobilissimâ fœminâ Dominâ Catherinâ procreavimus, tamen a piis atque eruditis theologis nuper accepimus quia eam quæ Arturi fratris nostri conjux ante fuerat uxorem duximus nostras nuptias jure divino esse vetitas, partumque inde editum non posse censeri legitimum. Id quod eo vehementius nos angit et excruciat, quod cum superiori anno legatos ad conciliandas inter Aureliensem ducem et filiam nostram Mariam nuptias ad Franciscum Gallorum regem misissemus a quodam ejus consiliario responsum est, "antequam de hujusmodi nuptiis agatum inquirendum esse prius an Maria fuerit filia nostra legitima; constat enim 'inquit,' quod exdominâ Catherinâ fratris sui viduâ cujusmodi nuptiæ jure divino interdictæ sunt suscepta est." Quæ oratio quanto metu ac horrore animum nostrum turbaverit quia res ipsa æternæ tam animi quam corporis salutis periculum in se continet, et quam perplexis cogitationibus conscientiam occupat, vos quibus et capitis aut fortunæ ac multo magis animarum jactura immineret, remedium nisi adhibere velitis, ignorare non posse arbitror. Hæc una res—quod Deo teste et in Regis oraculo affirmamus—nos impulit ut per legatos doctissimorum per totum orbem Christianum theologorum sententias exquireremus et Romani Pontificis legatum verum atque æquum judicium de tantâ causâ laturum ut tranquillâ deinceps et intergâ conscientiâ in conjugio licito vivere possimus accerseremus. In quo si ex sacris litteris hoc quo viginti jam fere annis gavisi sumus matrimonium jure divino permissum esse manifeste liquidoque constabit, non modo ob conscientiæ tranquillitatem, verum etiam ob amabiles mores virtutesque quibus regina prædita et ornata est, nihil optatius nihilque jucundius accidere nobis potest. Nam præterquam quod regali atque nobili genere prognata est, tantâ præterea comitate et obsequio conjugali tum cæteris animi morumque ornamentis quæ nobilitatem illustrant omnes fœminas his viginti annis sic mihi anteire visa est ut si a conjugio liber essem ac solutus, si jure divino liceret, hanc solam præ cæteris fœminis stabili mihi jure ac fœdere matrimoniali conjungerem. Si vero in hoc judicio matrimonium nostrum jure divino prohibitum, ideoque ab initio nullum irritumque fuisse pronuncietur, infelix hic meus casus multis lacrimis lugendus ac deplorandus erit. Non modo quod a tam illustris et amabilis mulieris consuetudine et consortio divertendum sit, sed multo magis quod specie ad similitudinem veri conjugii decepti in amplexibus plusquam fornicariis tam multos annos trivimus nullâ legitimâ prognatâ nobis sobole quæ nobis mortuis hujus inclyti regni hereditatem capessat.

Hæ nostræ curæ istæque solicitudines sunt quæ mentem atque conscientiam nostram dies noctesque torquent et excurciant, quibus auferendis et profligandis remedium ex hâc legatione et judicio opportunum quærimus. Ideoque vos quorum virtuti atque fidei multum attribuimus rogamus ut certum atque genuinum nostrum de hâc re sensum quem ex nostro sermone percepistis populo declaretis: eumque excitetis ut nobiscum una oraret ut ad conscientiæ nostræ pacem atque tranquillitatem in hoc judicio veritas multis jam annis tenebris involuta tandem patefiat.—WILKINS'S Concilia, vol. iii. p. 714.

[163] HALL, Letters of the Bishop of Bayonne, LEGRAND, vol. iii.

[164] LEGRAND, vol. iii.

[165] Ibid. vol. iii. pp. 232, 3.

[166] State Papers, vol. vii. p. 120; Ibid. p. 186.

[167] BURNET'S Collectanea, p. 41.

[168] State Papers, vol. vii. p. 193.

[169] The Emperor could as little trust Clement as the English, and to the last moment could not tell how he would act.

"Il me semble," wrote Inigo di Mendoza to Charles on the 17th of June, 1529,—"il me semble que Sa Sainteté differe autant qu'il peut ce qu' auparavant il avoit promis, et je crains qu'il n'ait ordonné aux legatz ce qui jusques à present avoit resté en suspens qu'ils procedent par la première commission. Ce qui faisant votre Majesté peut tenir la Reine autant que condamné."—MS. Archives at Brussels.

The sort of influence to which the See of Rome was amenable appears in another letter to the Emperor, written from Rome itself on the 4th of October. The Pope and cardinals, it is to be remembered, were claiming to be considered the supreme court of appeal in Christendom.

"Si je ne m'abuse tous ou la pluspart du Saint College sont plus affectionnez à vostre dite Majesté que à autre Prince Chrestien: de vous escrire, Sire, particulièrement toutes leurs responses seroit chose trop longue. Tant y a que elles sont telles que votre Majesté a raison doubt grandement se contenter d'icelles.

"... Seulement diray derechief à vostre Majesté, et me souvient l'avoir dict plusieurs fois, qu'il est en vostre Majesté gaigner et entretenir perpetuellement ce college en vostre devotion en distribuant seulement entre les principaulx d'eulx en pensions et benefices la somme de vingt mille ducas, l'ung mille, l'autre deulx ou trois mille. Et est cecy chose, Sire, que plus vous touche que à autre Prince Chrestien pour les affaires que vostre Majesté a journellement à despescher en ceste court."—M. de Præt to Charles V. August 5th, 1529. MS. Ibid.

[170] LEGRAND, vol. iii. p. 377.

[171] Ibid. vol. iii. p. 374.

[172] Ibid. vol. iii. p. 355.

[173] Ibid.

[174] Memorandum relating to the Society of Christian Brethren. Rolls House MS.

[175] DALABER'S Narrative, printed in FOXE, vol. iv. Seeley's Ed.

[176] All authorities agree in the early account of Henry, and his letters provide abundant proof that it is not exaggerated. The following description of him in the despatches of the Venetian ambassador shows the effect which he produced on strangers in 1515:—

"Assuredly, most serene prince, from what we have seen of him, and in conformity, moreover, with the report made to us by others, this most serene king is not only very expert in arms and of great valour and most excellent in his personal endowments, but is likewise so gifted and adorned with mental accomplishments of every sort, that we believe him to have few equals in the world. He speaks English, French, Latin, understands Italian well; plays almost on every instrument; sings and composes fairly; is prudent, and sage, and free from every vice."—Four Years at the Court of Henry VIII. vol. i. p. 76.

Four years later, the same writer adds,—

"The king speaks good French, Latin, and Spanish; is very religious; hears three masses a day when he hunts, and sometimes five on other days; he hears the office every day in the queen's chamber—that is to say, vespers and complins."—Ibid. vol. ii. p. 312. William Thomas, who must have seen him, says,

"Of personage he was one of the goodliest men that lived in his time; being high of stature, in manner more than a man, and proportionable in all his members unto that height; of countenance he was most amiable; courteous and benign in gesture unto all persons and specially unto strangers; seldom or never offended with anything; and of so constant a nature in himself that I believe few can say that ever he changed his cheer for any novelty how contrary or sudden so ever it were. Prudent he was in council and forecasting; most liberal in rewarding his faithful servants, and even unto his enemies, as it behoveth a prince to be. He was learned in all sciences, and had the gift of many tongues. He was a perfect theologian, a good philosopher, and a strong man at arms, a jeweller, a perfect builder as well of fortresses as of pleasant palaces, and from one to another there was no necessary kind of knowledge, from a king's degree to a carter's, but he had an honest sight in it."—The Pilgrim p. 78.

[177] Exposition of the Commandments, set forth by Royal authority, 1536. This treatise was drawn up by the bishops, and submitted to, and revised by, the king.

[178] SAGUDINO'S Summary. Four Years at the Court of Henry VIII. vol. ii. P. 75.

[179] "The truth is, when I married my wife, I had but fifty pounds to live on for me and my wife so long as my father lived, and yet she brought me forth every year a child."—Earl of Wiltshire to Cromwell: ELLIS, third series, vol. iii. pp. 22, 3.

[180] BURNET, vol. i. p. 69.

[181] Thomas Allen to the Earl of Shrewsbury: LODGE'S Illustrations, vol. i. p. 20.

[182] Earl of Northumberland to Cromwell: printed by LORD HERBERT and by BURNET.

[183] 28 Hen. VIII. cap. 7.

[184] Since these words were written, I have discovered among the Archives of Simancas what may perhaps be some clue to the mystery, in an epitome of a letter written to Charles V. from London in May, 1536:—-

"His Majesty has letters from England of the 11th of May, with certain news that the paramour of the King of England, who called herself queen, has been thrown into the Tower of London for adultery. The partner of her guilt was an organist of the Privy Chamber, who is in the Tower as well. An officer of the King's wardrobe has been arrested also for the same offence with her, and one of her brothers for having been privy to her offences without revealing them. They say, too, that if the adultery had not been discovered, the King was determined to put her away, having been informed by competent witnesses that she was married and had consummated her marriage nine years before, with the Earl of Northumberland."

[185] ELLIS, third series, vol. ii. p. 131.

[186] Wyatt's Memorials, printed in Singer's CAVENDISH, p. 420.

[187] ELLIS, third series, vol. ii. p. 132.

[188] ELLIS, first series, vol. i. p. 135. "My Lord, in my most humblest wise that my poor heart can think, I do thank your Grace for your kind letter, and for your rich and goodly present; the which I shall never be able to deserve without your great help; of the which I have hitherto had so great plenty, that all the days of my life I am most bound of all creatures, next to the King's Grace, to love and serve your Grace. Of the which I beseech you never to doubt that ever I shall vary from this thought as long as any breath is in my body."

[189] CAVENDISH Life of Wolsey, p. 316. Singer's edition.

[190] CAVENDISH, pp. 364, 5.

[191] Letters of the Bishop of Bayonne, LEGRAND, vol. iii. pp. 368, 378, etc.

[192] See HALE'S Criminal Causes from the Records of the Consistory Court of London.

[193] Petition of the Commons, infra, p. 191, etc.

[194] Reply of the Ordinaries to the petition of the Commons, infra, p. 202, etc.

[195] Petition of the Commons. 23 Hen. VIII. c. 9.

[196] HALE'S Criminal Causes, p.4.

[197] An Act that no person committing murder, felony, or treason should be admitted to his clergy under the degree of sub-deacon.

[198] In May, 1528, the evil had become so intolerable, that Wolsey drew the pope's attention to it. Priests, he said, both secular and regular, were in the habit of committing atrocious crimes, for which, if not in orders, they would have been promptly executed; and the laity were scandalised to see such persons not only not degraded, but escaping with complete impunity. Clement something altered the law of degradation in consequence of this representation, but quite inadequately.—RYMER, vol. vi. part 2, p. 96.

[199] Thomas Cowper et ejus uxor Margarita pronubæ horribiles, et instigant mulieres ad fornicandum cum quibuscunque laicis, religiosis, fratribus minoribus, et nisi fornicant in domo suâ ipsi diffamabunt nisi voluerint dare eis ad voluntatem eorum; et vir est pronuba uxori, et vult relinquere eam apud fratres minores pro peccatis habendis.—HALE, Criminal Causes, p. 9.

Joanna Cutting communis pronuba at præsertim inter presbyteros fratres monachos et canonicos et etiam inter Thomam Peise et quandam Agnetam, etc.—HALE, Criminal Causes, p. 28.

See also Ibid. pp. 15, 22, 23, 39, etc.

In the first instance the parties accused "made their purgation" and were dismissed. The exquisite corruption of the courts, instead of inviting evidence and sifting accusations, allowed accused persons to support their own pleas of not guilty by producing four witnesses, not to disprove the charges, but to swear that they believed the charges untrue. This was called "purgation."

Clergy, it seems, were sometimes allowed to purge themselves simply on their own word.—HALE, p. 22; and see the Preamble of the 1st of the 23rd of Henry VIII.

[200] Complaints of iniquities arising from confession were laid before Parliament as early as 1394.

"Auricularis confessio quæ dicitur tam necessaria ad salvationem hominis, cum fictâ potestate absolutionis exaltat superbiam sacerdotum, et dat illis opportunitatem secretarum sermocinationum quas nos nolumus dicere, quia domini et dominæ attestantur quod pro timore confessorum suorum non audent dicere veritatem; et in tempore confessionis est opportunum tempus procationis id est of wowing et aliarum secretarum conventionum ad peccata mortalia. Ipsi dicunt quod sunt commissarii Dei ad judicandum de omni peccato perdonandum et mundandum quemcunque eis placuerint. Dicunt quod habent claves cœli et inferni et possunt excommunicare et benedicere ligare et solvere in voluntatem eorum; in tantum quod pro bussello vel 12 denariis volunt vendere benedictionem cœli per chartam et clausulam de warrantiâ sigillitâ sigillo communi. Ista conclusio sic est in usu quod non eget probatione aliquâ."—Extract from a Petition presented to Parliament: WILKINS, vol. iii. p. 221.

This remarkable paper ends with the following lines:—

"Plangunt Anglorum gentes crimen Sodomorum

Paulus fert horum sunt idola causa malorum

Surgunt ingrati Giezitæ Simone nati

Nomine prælati hoc defensare parati

Qui reges estis populis quicunque præstis

Qualiter his gestis gladios prohibere potestis."

See also HALE, p. 42, where an abominable instance is mentioned, and a still worse in the Suppression of the Monasteries, pp. 45-50.

[201] HALE, p. 12.

[202] Ibid. pp. 75, 83; Suppression of the Monasteries, p. 47.

[203] Ibid. p. 80.

[204] Ibid. p. 83.

[205] I have been taunted with my inability to produce more evidence. For the present I will mention two additional instances only, and perhaps I shall not be invited to swell the list further.

1. In the State Paper Office is a report to Cromwell by Adam Bekenshaw, one of his diocesan visitors, in which I find this passage:—

"There be knights and divers gentlemen in the diocese of Chester who do keep concubines and do yearly compound with the officials for a small sum without monition to leave their naughty living."

2. In another report I find also the following:—

"The names of such persons as be permitted to live in adultery and fornication for money:—

"The Vicar of Ledbury.

The Vicar of Brasmyll.

The Vicar of Stow.

The Vicar of Cloune.

The Parson of Wentnor.

The Parson of Rusbury.

The Parson of Plowden.

The Dean of Pountsbury.

The Parson of Stratton.

Sir Matthew of Montgomery.

Sir —— of Lauvange.

Sir John Brayle.

Sir Morris of Clone.

Sir Adam of Clone.

Sir Pierce of Norbury.

Sir Gryffon ap Egmond.

Sir John Orkeley.

Sir John of Mynton.

Sir John Reynolds.

Sir Morris of Knighton, priest.

Hugh Davis.

Cadwallader ap Gern.

Edward ap Meyrick.

With many others of the diocese of Hereford."

The originals of both these documents are in the State Paper Office. There are copies in the Bodleian Library.—MS. Tanner, 105.

[206] Skelton gives us a specimen of the popular criticisms:—

"Thus I, Colin Clout,

As I go about,

And wondering as I walk,

I hear the people talk:

Men say for silver and gold

Mitres are bought and sold:

A straw for Goddys curse,

What are they the worse?

"What care the clergy though Gill sweat,

Or Jack of the Noke?

The poor people they yoke

With sumners and citacions,

And excommunications.

About churches and markets

The bishop on his carpets

At home soft doth sit.

This is a fearful fit,

To hear the people jangle.

How wearily they wrangle!

But Doctor Bullatus

"Parum litteratus,

Dominus Doctoratus

At the broad gate-house.

Doctor Daupatus

And Bachelor Bacheleratus,

Drunken as a mouse

At the ale-house,

Taketh his pillion and his cap

At the good ale-tap,

For lack of good wine.

As wise as Robin Swine,

Under a notary's sign,

Was made a divine;

As wise as Waltham's calf,

Must preach in Goddys half;

In the pulpit solemnly;

More meet in a pillory;

For by St. Hilary

He can nothing smatter

Of logic nor school matter.

"Such temporal war and bate

As now is made of late

Against holy church estate,

Or to mountain good quarrels;

The laymen call them barrels

Full of gluttony and of hypocrisy,

That counterfeits and paints

As they were very saints.

"By sweet St. Marke,

This is a wondrous warke,

That the people talk this.

Somewhat there is amiss.

The devil cannot stop their mouths,

But they will talk of such uncouths

All that ever they ken

Against spiritual men."

I am unable to quote more than a few lines from ROY'S Satire. At the close of a long paragraph of details an advocate of the clergy ventures to say that the bad among them are a minority. His friend answers:—

"Make the company great or small,

Among a thousand find thou shall

Scant one chaste of body or mind."

[207] Answer of the Bishops to the Commons' Petition: Rolls House MS.

[208] Joanna Leman notatur officio quod non venit ad ecclesiam parochialem; et dicit se nolle accipere panem benedictum a manibus rectoris; et vocavit eum "horsyn preste."—HALE, p. 99.

[209] HALE, p. 63.

[210] Ibid. p. 98.

[211] Ibid. p. 38.

[212] Ibid. p. 67.

[213] Ibid. p. 100.

[214] CAVENDISH, Life of Wolsey, p. 251.

[215] HALL, p. 764.

[216] Ibid. p. 764.

[217] State Papers, vol. vii. p. 361.

[218] 6 Hen. VIII. cap. 16.

[219] The session lasted six weeks only, and several of the subjects of the petition were disposed of in the course of it, as we shall see.

[220] The MS. from which I have transcribed this copy is itself imperfect, as will be seen in the "reply of the Bishops," which supplies several omitted articles. See p. 137, et seq. It is in the Rolls House.

[221] The penny, as I have shown, equalled, in terms of a poor man's necessities, a shilling. See chap. i.

[222] See instance's in HALE: p, 62, Omnium Sanctorum in muro.—M. Gulielmus Edward curatus notatur officio quod recusat ministrare sacramenta ecelesiastica ægrotantibus nisi prius habitis pecuniis pro suo labore: p. 64, St. Mary Magdalen.—Curatus notatur officio prbpter quod recusavit solemnizare matrrimonium quousque habet pro hujusmodi solemnizatione, 3s. 8d.; and see pp. 52, 75.

[223] I give many instances of this practice in my sixth chapter. It was a direct breach of the statute of Henry IV., which insists on all examinations for heresy being conducted in open court. "The diocesan and his commissaries," says that act, "shall openly and judicially proceed against persons arrested."—2 Hen. IV. c. 15.

[224] Again breaking the statute of Hen. IV., which limited the period of imprisonment previous to public trial to three months.—2 Hen. IV. c. 15.

[225] To be disposed of at Smithfield. Abjuration was allowed once. For a second offence there was no forgiveness.

[226] Petition of the Commons. Rolls House MS.

[227] See STRYPE, Eccles. Memorials, vol. i. p. 191-2,—who is very eloquent in his outcries upon his subject.

[228] Answer of the Bishops, p. 204, etc.

[229] Explanations are not easy; but the following passage may suggest the meaning of the House of Commons:—"The holy Father Prior of Maiden Bradley hath but six children, and but one daughter married yet of the goods of the monastery; trusting shortly to marry the rest."—Dr. Leyton to Cromwell: Suppression of the Monasteries, p. 58.

[230] Reply of the Bishops, infra.

[231] CAVENDISH, Life of Wolsey, p. 390. MORE'S Life of More, p. 109.

[232] Populus diu oblatrans. Fox to Wolsey. STRYPE, Eccl. Mem. vol. i. Appendix, p. 27.

[233] RYMER, vol. vi. part 2, p. 119.

[234] The answer of the Ordinaries to the supplication of the worshipful the Commons of the Lower House of Parliament offered to our Sovereign Lord the King's most noble Grace.—Rolls House MS.

[235] The terms of the several articles of complaint are repeated verbally from the petition. I condense them to spare recapitulation.

[236] 2 Hen. IV. cap. 15; 2 Hen. V. cap. 7.

[237] An Act that no person shall be cited out of the diocese in which he dwells, except in certain cases. It received the Royal assent two years later. See 23 Hen. VIII. cap. 9.

[238] 21 Hen. VIII. cap. 5. An Act concerning fines and sums of money to be taken by the ministers of bishops and other ordinaries of holy church for the probate of testaments.

[239] HALE, Precedents, p. 86.

[240] Ibid.

[241] 21 Hen. VIII. cap. 6. An Act concerning the taking of mortuaries, or demanding, receiving, or claiming the same.

In Scotland the usual mortuary was, a cow and the uppermost cloth or counterpane on the bed in which the death took place. A bishop reprimanding a suspected clergyman for his leaning toward the Reformation, said to him:—

"My joy, Dean Thomas, I am informed that ye preach the epistle and gospel every Sunday to your parishioners, and that ye take not the cow nor the upmost cloth from your parishioners; which thing is very prejudicial to the churchmen. And therefore, Dean Thomas, I would ye took your cow and upmost cloth, or else it is too much to preach every Sunday, for in so doing ye may make the people think we should preach likewise."—CALDERWOOD, vol. i. p. 126.

The bishop had to burn Dean Thomas at last, being unable to work conviction into him in these matters.

[242] 21 Hen. VIII. cap. 13. An Act that no spiritual person shall take farms; or buy and sell for lucre and profit; or keep tan-houses or breweries. And for pluralities of benefices and for residence.

[243] HALL, p. 767.

[244] Ibid. 766

[245] Ibid. 767.

[246] Ibid. 766.

[247] Ibid. 768.

[248] So reluctant was he, that at one time he had resolved, rather than compromise the unity of Christendom, to give way. When the disposition of the court of Rome was no longer doubtful, "his difficultatibus permotus, cum in hoc statu res essent, dixerunt qui ejus verba exceperunt, post profundam secum de universo negotio deliberationem et mentis agitationem, tandem in hæc verba prorupisse, se primum tentâsse illud divortium persuasum ecclesiam Romanam hoc idem probaturum—quod si ita ilia abhorreret ab illâ sententiâ ut nullo modo permittendum censeret se nolle cum eâ contendere neque amplius in illo negotio progredi."

Pole, on whose authority we receive these words, says that they were heard with almost unanimous satisfaction at the council board. The moment of hesitation was, it is almost certain, at the crisis which preceded or attended Wolsey's fall. It endured but for three days, and was dispelled by the influence of Cromwell, who tempted both the king and parliament into their fatal revolt.—POLI Apologia ad Carolum Quintum.

[249] LEGRAND, vol. iii. p. 446. The censures were threatened in the first brief, but the menace was withdrawn under the impression that it was not needed.

[250] Ibid. The second brief is dated March 7, and declares that the king, if he proceeds, shall incur ipso facto the greater excommunication; that the kingdom will fall under an interdict.

[251] Cranmer was born in 1489, and was thus forty years old when he first emerged into eminence.

[252] State Papers, vol. vii. p. 226.

[253] Je croy qu'il ne feist en sa vie ceremonie qui luy touchast si prés du cœur, ne dont je pense qu'il luy doive advenir moins du bien. Car aucunes fois qu'il pensoit qu'on ne le regardast, il faisoit de si grands soupirs que pour pesante que fust sa chappe, il la faisoit bransler à bon escient.—Lettre de M. de Gramont, Evêque de Tarbès. LEGRAND, vol. iii. p. 386.

[254] ELLIS, Third Series, vol. ii. p. 98. "In the letters showed us by M. de Buclans from the emperor, of the which mention was made in ciphers, it was written in terms that the French king would offer unto your Grace the papalite of France vel Patriarchate, for the French men would no more obey the Church of Rome."—Lee to Wolsey.

[255] A ce qu'il m'en a declaré des fois plus de trois en secret, il seroit content que le dit mariage fust ja faict, ou par dispense du Legat d'Angleterre ou autrement; mais que ce ne fust par son autorité, in aussi diminuant sa puissance, quant aux dispenses, et limitation de droict divin.—Dechiffrement de Lettres de M. de Tarbès.—LEGRAND, vol. iii. p. 408.

[256] LEGRAND, vol. iii. p. 408.

[257] State Papers, vol. vii. p. 230.

[258] The Bishop of Tarbès to the King of France. LEGRAND, vol. iii. p. 401.

[259] State Papers, vol. vii. p. 234.

[260] Ibid. p. 235.

[261] We demand a service of you which it is your duty to concede; and your first thought is lest you should offend the emperor. We do not blame him. That in such a matter he should be influenced by natural affection is intelligible and laudable. But for that very reason we decline to submit to so partial a judgment.—Henry VIII. to the Pope: BURNET'S Collectanea, p. 431.

[262] LEGRAND, vol. iii. p. 394.

[263] State Papers, vol. vii. p. 317.

[264] For Croke's Mission, see BURNET, vol. i. p. 144 e.

[265] State Papers, vol. vii. p. 241.

[266] Friar Pallavicino to the Bishop of Bath. Rolls House MS.

[267] Croke and Omnibow to the King. Rolls House MS.

[268] Generalis magister nostri ordinis mandavit omnibus suæ religionis professoribus, ut nullus audeat de auctoritate Pontificis quicquam loqui. Denique Orator Cæsareus in talia verba prorupit, quibus facile cognovi ut me a Pontifice vocari studeat et tunc timendum esset saluti meæ. Father Omnibow to Henry VIII. Rolls House MS.

[269] BURNET'S Collect. p. 50. Burnet labours to prove that on Henry's side there was no bribery, and that the emperor was the only offender; an examination of many MS. letters from Croke and other agents in Italy leads me to believe that, although the emperor only had recourse to intimidation, because he alone was able to practise it, the bribery was equally shared between both parties.

[270] LEGRAND, vol. iii. p. 458. The Grand Master to the King of France:—De l'autre part, adventure il n'est moins a craindre, que le Roy d'Angleterre, irrité de trop longues dissimulations, trouvast moyen de parvenir a ses intentions du consentement de l'Empereur, et que par l'advenement d'un tiers se fissent ami, Herode et Pilate.

[271] Ibid. vol. iii. p. 467, etc.

[272] Letter from the King of France to the President of the Parliament of Paris. Rolls House MS.

[273] Letter from Reginald Pole to Henry VIII. Rolls House MS.

[274] Pole to Henry VIII. Rolls House MS.

[275] BURNET, Collectanea, p. 429.

[276] State Papers, vol. i. p. 377.

[277] BURNET'S Collectanea, p. 436; State Papers, vol. i. p. 378.

[278] It is not good to stir a hornet's nest.

[279] BURNET'S Collectanea, p. 431.

[280] Ibid. p. 48.

[281] Preface to LATIMER'S Sermons. Parker Society's edition, p. 3.

[282] "King Harry loved a man," was an English proverb to the close of the century. See SIR ROBERT NAUNTON'S Fragmenta Regalia, London, 1641, p. 14.

[283] Sir George Throgmorton, who distinguished himself by his opposition to the Reformation in the House of Commons.

[284] BURNET'S Collect, p. 429.

[285] A Glasse of Truth.

[286] Ibid. p. 144.

[287] 35 Ed. I.; 25 Ed. III. stat. 4; stat. 5, cap. 22; 27 Ed. III. stat. 1; 13 Ric. II. stat. 2, cap. 2; 16 Ric. II. cap. 5; 9 Hen. IV. cap. 8.

[288] CAVENDISH, p. 276.

Gardiner has left some noticeable remarks on this subject.

"Whether," he says, "a king may command against a common law or an act of parliament, there is never a judge or other man in the realm ought to know more by experience of that the laws have said than I.

"First, my Lord Cardinal, that obtained his legacy by our late Sovereign Lord's requirements at Rome, yet, because it was against the laws of the realm, the judges concluded the offence of Premunire, which matter I bare away, and took it for a law of the realm, because the lawyers said so, but my reason digested it not. The lawyers, for confirmation of their doings, brought in the case of Lord Tiptoft. An earl he was, and learned in the civil laws, who being chancellor, because in execution of the king's commandment he offended the laws of the realm, suffered on Tower Hill. They brought in examples of many judges that had fines set on their heads in like cases for transgression of laws by the king's commandment, and this I learned in that case.

"Since that time being of the council, when many proclamations were devised against the carriers out of corn, when it came to punish the offender, the judges would answer it might not be by the law, because the Act of Parliament gave liberty, wheat being under a price. Whereupon at last followed the Act of Proclamations, in the passing whereof were many large words spoken."

After mentioning other cases, he goes on:—

"I reasoned once in the parliament house, where there was free speech without danger, and the Lord Audely, to satisfy me, because I was in some secret estimation, as he knew, 'Thou art a good fellow, Bishop,' quoth he; 'look at the Act of Supremacy, and there the king's doings be restrained to spiritual jurisdiction; and in another act no spiritual law shall have place contrary to a common law, or an act of parliament. And this were not,' quoth he, 'you bishops would enter in with the king, and by means of his supremacy order the laws as ye listed. But we will provide,' quoth he, 'that the premunire shall never go off your heads.' This I bare away then, and held my peace."—Gardiner to the Protector Somerset: MS. Harleian, 417.

[289] 13 Ric. II. stat. 2, cap. 2. Et si le Roi envoie par lettre on en autre maniere a la Courte du Rome al excitacion dascune person, parount que la contrarie de cest estatut soit fait touchant ascune dignité de Sainte Eglise, si celuy qui fait tiel excitacion soit Prelate de Sainte Eglise, paie au Roy le value de ses temporalitees dun an. The petition of parliament which occasioned the statute is even more emphatic: Perveuz tout foitz que par nulle traite ou composition a faire entre le Seint Pere le Pape et notre Seigneur le Roy que riens soit fait a contraire en prejudice de cest Estatute a faire. Et si ascune Seigneur Espirituel ou Temporel ou ascune persone quiconque de qu'elle condition q'il soit, enforme, ensence ou excite le Roi ou ses heirs, l'anientiser, adnuller ou repeller cest Estatut a faire, et de ceo soit atteint par due proces du loy que le Seigneur Espirituel eit la peyne sus dite, etc.—Rolls of Parliament, Ric. II. 13.

[290] Even further, as chancellor the particular duty had been assigned to him of watching over the observance of the act.

Et le chancellor que pur le temps serra a quelle heure que pleint a luy ou a conseill le Roy soit fait d'ascunes des articles sus ditz par ascune persone que pleindre soy voudra granta briefs sur le cas ou commissions a faire au covenables persones, d'oier et terminer les ditz articles sur peyne de perdre son office et jamais estre mys en office le Roy et perdre mille livres a lever a l'oeps le Roy si de ce soit atteint par du proces.—Rolls of Parliament, Ric. II. 13.

[291] BURNET, vol. iii. p. 77. See a summary of the acts of this Convocation in a sermon of Latimer's preached before the two Houses in 1536. LATIMER'S Sermons, p. 45.

[292] The king, considering what good might come of reading of the New Testament and following the same; and what evil might come of the reading of the same if it were evil translated, and not followed; came into the Star Chamber the five-and-twentieth day of May; and then communed with his council and the prelates concerning the cause. And after long debating, it was alleged that the translations of Tyndal and Joy were not truly translated, and also that in them were prologues and prefaces that sounded unto heresy, and railed against the bishops uncharitably. Wherefore all such books were prohibited, and commandment given by the king to the bishops, that they, calling to them the best learned men of the universities, should cause a new translation to be made, so that the people should not be ignorant of the law of God.—HALL, p. 771. And see WARHAM'S Register for the years 1529-1531. MS. Lambeth.

[293] 22 Hen. VIII. cap. 15.

[294] BURNET, vol. iii. p. 78.

[295] State Papers, vol. vii. 457.

[296] Memoranda relating to the Clergy: Rolls House MS.

[297] BURNET, vol. iii. p. 80.

[298] The King's Highness, having always tender eyes with mercy and pity and compassion towards his spiritual subjects, minding of his high goodness and great benignity so always to impart the same unto them, as justice being duly administered, all rigour be excluded; and the great benevolent minds of his said subjects [having been] largely and many times approved towards his Highness, and specially in their Convocation and Synod now presently being in the Chapter House of Westminster, his Highness, of his said benignity and high liberality, in consideration that the said Convocation has given and granted unto him a subsidy of one hundred thousand pounds, is content to grant his general pardon to the clergy and the province of Canterbury, for all offences against the statute and premunire.—22 Hen. VIII. cap. 15.

[299] BURNET, vol. 1. p. 185.

[300] An instance is reported in the Chronicle of the Grey Friars ten years previously. The punishment was the same as that which was statutably enacted in the case of Rouse.

[301] HALL, p. 781.

[302] Most shocking when the wrong persons were made the victims; and because clerical officials were altogether incapable of detecting the right persons, the memory of the practice has become abhorrent to all just men. I suppose, however, that, if the right persons could have been detected, even the stake itself would not have been too tremendous a penalty for the destroying of human souls.

[303] 22 Hen. VIII. cap. 10.

[304] See a very curious pamphlet on this subject, by SIR FRANCIS PALGRAVE. It is called The Confessions of Richard Bishop, Robert Seymour, and Sir Edward Neville, before the Privy Council, touching Prophecie, Necromancy, and Treasure-trove.

[305] Miscellaneous Depositions on the State Of the Country: Rolls House MS.

[306] See the Preamble of the Bill against conjurations, witchcraft, sorceries, and enchantments.—33 Hen. VIII. cap. 8.

Also "the Bill touching Prophecies upon Arms and Badges."—33 Hen. VIII. cap. 14.

A similar edict expelled the gipsies from Germany. At the Diet of Spires, June 10, 1544.

Statutum est ne vagabundum hominum genus quos vulgo Saracenos vocant per Germaniam oberrare sinatur usu enim compertum est eos exploratores et proditores esse.—State Papers, vol. ix. p. 705.

[307] ELLIS, first series, vol. ii. p. 101.

[308] Bulla pro Johanne Scot, qui sine cibo et potu per centum et sex dies vixerat.-RYMER, vol. vi. part 2, p. 176.

[309] BUCHANAN, History of Scotland, vol. ii. p. 156.

[310] Letter of Archbishop Cranmer.—ELLIS, second series, vol. ii. p. 314.

[311] Statutes of the Realm. 25 Hen. VIII. cap. 12.

[312] Extracts from a Narrative containing an Account of Elizabeth Barton: Rolls House MS.

[313] Statutes of the Realm.

[314] Rolls House MS.

[315] Ibid.

[316] Suppression of the Monasteries, p. 19.

[317] Ibid.

[318] Proceedings connected with Elizabeth Barton: Rolls House MS.

[319] 25 Hen. VIII. cap. 12.

[320] Ibid.

[321] Ibid.

[322] Cranmer's Letter. ELLIS, third series, vol. iii. p. 315.

[323] More to Cromwell: BURNET'S Collectanea, p. 350.

[324] 25 Hen. VIII. cap. 12.

[325] Confessions of Elizabeth Barton: Rolls House MS. Sir Thomas More gave her a double ducat to pray for him and his. BURNET'S Collectanea, p. 352. Moryson, in his Apomaxis, declares that she had a regular understanding with the confessors at the Priory. When penitents came to confess, they were detained while a priest conveyed what they had acknowledged to the Nun; and when afterwards they were admitted to her presence, she amazed them with repeating their own confessions.

[326] The said Elizabeth subtilly and craftily conceiving the opinion and mind of the said Edward Bocking, willing to please him, revealed and showed unto the said Edward that God was highly displeased with our said sovereign lord the king for this matter; and in case he desisted not from his proceeding in the said divorce and separation, but pursued the same and married again, that then within one month after such marriage, he should no longer be king of this realm; and in the reputation of Almighty God he should not be a king one day nor one hour, and that he should die a villain's death. Saying further, that there was a root with three branches, and till they were plucked up it should never be merry in England: interpreting the root to be the late lord cardinal, and the first branch to be the king our sovereign lord, the second the Duke of Norfolk, and the third the Duke of Suffolk.—25 Hen. VIII. cap. 12.

[327] Revelations of Elizabeth Barton: Rolls House MS. In the epitome of the book of her Revelations it is stated that there was a story in it "of an angel that appeared, and bade the Nun go unto the king, that infidel prince of England, and say that I command him to amend his life, and that he leave three things which he loveth and pondereth upon, i.e., that he take none of the pope's right nor patrimony from him; the second that he destroy all these new folks of opinion and the works of their new learning; the third, that if he married and took Anne to wife, the vengeance of God should plague him; and as she sayth she shewed this unto the king."—Paper on the Nun of Kent: MS. Cotton, Cleopatra, E 4.

[328] ELLIS, third series, vol. ii. p. 137. Warham had promised to marry Henry to Anne Boleyn. The Nun frightened him into a refusal by a pretended message from an angel.—MS. ibid.

[329] The Nun hath practised with two of the pope's ambassadors within this realm, and hath sent to the pope that if he did not do his duty in reformation of kings, God would destroy him at a certain day which he had appointed. By reason whereof it is supposed that the pope hath showed himself so double and so deceivable to the King's Grace in his great cause of marriage as he hath done, contrary to all truth, justice, and equity. As likewise the late cardinal of England, and the Archbishop of Canterbury, being very well-minded to further and set at an end the marriage which the King's Grace now enjoyeth, according to their spiritual duty, were prevented by the false revelations of the said Nun. And that the said Bishop of Canterbury was so minded may be proved by divers which knew then his towardness.—Narrative of the Proceedings of Elizabeth Barton: Rolls House MS.

[330] Note of the Revelations of Elizabeth Barton: Rolls House MS.

[331] HALL, p. 780.

[332] RYMER, vol. vi. p. 160. We are left to collateral evidence to fix the place of this petition, the official transcriber having contented himself with the substance, and omitted the date. The original, as appears from the pope's reply (LORD HERBERT, p. 145), bore the date of July 13; and unless a mistake was made in transcribing the papal brief, this was July, 1530. I have ventured to assume a mistake, and to place the petition in the following year, because the judgment of the universities, to which it refers, was not completed till the winter of 1530; they were not read in parliament till March 30, 1531; and it seems unlikely that a petition of so great moment would have been presented on an incomplete case, or before the additional support of the House of Commons had been secured. I am far from satisfied, however, that I am right in making the change. The petition must have been drawn up (though it need not have been presented) in 1530; since it bears the signature of Wolsey, who died in the November of that year.

[333] Mademoiselle de Boleyn est venue; et l'a le Roy logée en fort beau logis; et qu'il a faict bien accoustrer tout auprés du sien. Et luy est la cour faicte ordinairement tous les jours plus grosse que de long temps elle ne fut faicte a la Royne. Je crois bien qu'on veult accoutumer par les petie ce peuple à l'endurer, afin que quand ivendra à donner les grands coups, il ne les trouve si estrange. Toutefois il demeure tous jours endurcy, et croy bien qu'il feroit plus qu'il ne faict si plus il avoit de puissance; mais grand ordre se donne par tout.—Bishop of Bayonne to the Grand Master: LEGRAND, vol. iii. p. 231.

[334] HALL, p. 781.

[335] It seems to have been his favourite place of retirement. The gardens and fishponds were peculiarly elaborate and beautiful.—Sir John Russell to Cromwell: MS. State Paper Office.

[336] Also it is a proverb of old date—"The pride of France, the treason of England, and the war of Ireland, shall never have end." State Papers, vol. ii. p. 11

[337] There was a secret ambassador with the Scots king from the emperour, who had long communicated with the king alone in his privy chamber. And after the ambassador's departure the king, coming out into his outer chamber, said to his chancellor and the Earl Bothwell, "My lords, how much are we bounden unto the emperour that in the matter concerning our style, which so long he hath set about for our honour, that shall be by him discussed on Easter day, and that we may lawfully write ourself Prince of England and Duke of York." To which the chancellor said, "I pray God the pope confirm the same." The Scots king answered, "Let the emperour alone."—Earl of Northumberland to Henry VIII.: State Papers, vol. iv. p. 599.

[338] HALL, p. 783.

[339] "The bishop was brought in desperation of his life."—Rolls House MS., second series, 532. This paper confirms Hall's account in every point.

[340] HALL, p. 796.

[341] BURNET, vol. iii. p. 115.

[342] Warham was however fined £300 for it.—HALL, 796. A letter of Richard Tracy, son of the dead man, is in the MS. State Paper Office, first series, vol. iv. He says the King's Majesty had committed the investigation of the matter to Cromwell.

[343] LATIMER'S Sermons, p. 46.

[344] [Cap. iii.]

[345] 23 Hen. VIII. cap. 1.

[346] 23 Hen. VIII. cap. 9.

[347] Be it further enacted that no archbishop or bishop, official, commissary, or any other minister, having spiritual jurisdiction, shall ask, demand, or receive of any of the king's subjects any sum or sums of money for the seal of any citizen, but only threepence sterling.—23 Hen. VIII. cap. 9.

[348] 23 Hen. VIII. cap. 10.—By a separate clause all covenants to defraud the purposes of this act were declared void, and the act itself was to be interpreted "as beneficially as might be, to the destruction and utter avoiding of such uses, intents, and purposes."

[349] Annates or firstfruits were first suffered to be taken within the realm for the only defence of Christian people against infidels; and now they be claimed and demanded as mere duty only for lucre, against all right and conscience.—23 Hen. VIII. cap. 20.

[350] 23 Hen. VIII. cap. 20.

[351] It hath happened many times by occasion of death unto archbishops or bishops newly promoted within two or three years after their consecration, that their friends by whom they have been holpen to make payment have been utterly undone and impoverished.—23 Henry VIII. cap. 20.

[352] M. de la Pomeroy to Cardinal Tournon.

"London, March 23, 1531-2.

"My Lord,—I sent two letters to your lordship on the 20th of this month. Since that day Parliament has been prorogued, and will not meet again till after Easter.

"It has been determined that the Pope's Holiness shall receive no more annates, and the collectors' office is to be abolished. Everything is turning against the Holy See, but the King has shown no little skill; the Lords and Commons have left the final decision of the question at his personal pleasure, and the Pope is to understand that, if he will do nothing for the King, the King has the means of making him suffer. The clergy in convocation have consented to nothing, nor will they, till they know the pleasure of their master the Holy Father; but the other estates being agreed, the refusal of the clergy is treated as of no consequence.

"Many other rights and privileges of the Church are abolished also, too numerous to mention."—MS. Bibliot. Impér. Paris.

[353] STRYPE, Eccles. Mem., vol. i. part 2, p. 158.

[354] Ibid.

[355] Sir George Throgmorton, Sir William Essex, Sir John Giffard, Sir Marmaduke Constable, with many others, spoke and voted in opposition to the government. They had a sort of club at the Queen's Head by Temple Bar, where they held discussions in secret, "and when we did commence," said Throgmorton, "we did bid the servants of the house go out, and likewise our own servants, because we thought it not convenient that they should hear us speak of such matters."—Throgmorton to the King: MS. State Paper Office.

[356] 23 Hen. VIII. cap. 20.

[357] Printed in STRYPE, Eccles. Mem., vol. i. p. 201. Strype, knowing nothing of the first answer, and perceiving in the second an allusion to one preceding, has supposed that this answer followed the third and last, and was in fact a retractation of it. All obscurity is removed when the three replies are arranged in their legitimate order.

[358] STRYPE, Eccles. Mem., vol. i. p. 199, etc.

[359] 23 Hen. VIII. cap. 20.

[360] STOW, p. 562.

[361] "In connection with the Annates Act, the question of appeals to Rome had been discussed in the present session. Sir George Throgmorton had spoken on the papal side, and in his subsequent confession he mentioned a remarkable interview which he had had with More.

"After I had reasoned to the Bill of Appeals," he said, "Sir Thomas More, then being chancellor, sent for me to come and speak with him in the parliament chamber. And when I came to him he was in a little chamber within the parliament chamber, where, as I remember, stood an altar, or a thing like unto an altar, whereupon he did lean and, as I do think, the same time the Bishop of Bath was talking with him. And then he said this to me, I am very glad to hear the good report that goeth of you, and that ye be so good a Catholic man as ye be. And if ye do continue in the same way that ye begin, and be not afraid to say your conscience, ye shall deserve great reward of God, and thanks of the King's Grace at length, and much worship to yourself."—Throgmorton to the King: MS. State Paper Office.

[362] In part of it he speaks in his own person. Vide supra, cap. 3.

[363] BURNET'S Collectanea, p. 435.

[364] Note of the Revelations of Elizabeth Barton: Rolls House MS.

[365] It has been thought that the Tudor princes and their ministers carried out the spy system to an iniquitous extent,—that it was the great instrument of their Machiavellian policy, introduced by Cromwell, and afterwards developed by Cecil and Walsingham. That both Cromwell and Walsingham availed themselves of secret information, is unquestionable,—as I think it is also unquestionable that they would have betrayed the interests of their country if they had neglected to do so. Nothing, in fact, except their skill in fighting treason with its own weapons, saved England from a repetition of the wars of the Roses, envenomed with the additional fury of religious fanaticism. But the agents of Cromwell, at least, were all volunteers;—their services were rather checked than encouraged; and when I am told, by high authority, that in those times an accusation was equivalent to a sentence of death, I am compelled to lay so sweeping a charge of injustice by the side of a document which forces me to demur to it. "In the reign of the Tudors," says a very eminent writer, "the committal, arraignment, conviction, and execution of any state prisoner, accused or suspected, or under suspicion of being suspected of high treason, were only the regular terms in the series of judicial proceedings." This is scarcely to be reconciled with the 10th of the 37th of Hen. VIII., which shows no desire to welcome accusations, or exaggerated readiness to listen to them.

"Whereas," says that Act, "divers malicious and evil disposed persons of their perverse, cruel, and malicious intents, minding the utter undoing of some persons to whom they have and do bear malice, hatred, and evil will, have of late most devilishly practised and devised divers writings, wherein hath been comprised that the same persons to whom they bear malice should speak traitorous words against the King's Majesty, his crown and dignity, or commit divers heinous and detestable treasons against the King's Highness, where, in very deed, the persons so accused never spake nor committed any such offence; by reason whereof divers of the king's true, faithful, and loving subjects have been put in fear and dread of their lives and of the loss and forfeiture of their lands and chattels—for reformation hereof, be it enacted, that if any person or persons, of what estate, degree, or condition he or they shall be, shall at any time hereafter devise, make, or write, or cause to be made any manner of writing comprising that any person has spoken, committed, or done any offence or offences which now by the laws of this realm be made treason, or that hereafter shall be made treason, and do not subscribe, or cause to be subscribed, his true name to the said writing, and within twelve days next after ensuing do not personally come before the king or his council, and affirm the contents of the said writings to be true, and do as much as in him shall be for the approvement of the same, that then all and every person or persons offending as aforesaid, shall be deemed and adjudged a felon or felons; and being lawfully convicted of such offence, after the laws of the realm, shall suffer pains of death and loss and forfeiture of lands, goods, and chattels, without benefit of clergy or privilege of sanctuary to be admitted or allowed in that behalf."

[366] Accusation brought by Robert Wodehouse, Prior of Whitby, against the Abbot, for slanderous words against Anne Boleyn: Rolls House MS.

[367] Deposition of Robert Legate concerning the Language of the Monks of Furness: Rolls House MS.

[368] ELLIS, third series, vol. ii. p. 254.

[369] Father Forest hath laboured divers manner of ways to expulse Father Laurence out of the convent, and his chief cause is, because he knoweth that Father Laurence will preach the king's matter whensoever it shall please his Grace to command him.—Ibid. p. 250.

[370] Ibid. p. 251.

[371] Lyst to Cromwell. Ibid. p. 255. STRYPE, Eccles. Memor., vol. i. Appendix, No. 47.

[372] STOW'S Annals, p. 562. This expression passed into a proverb, although the words were first spoken by a poor friar; they were the last which the good Sir Humfrey Gilbert was heard to utter before his ship went down.

[373] Vaughan to Cromwell: State Papers, vol. vii. p. 489-90. "I learn that this book was first drawn by the Bishop of Rochester, and so being drawn, was by the said bishop afterwards delivered in England to two Spaniards, being secular and laymen. They receiving his first draught, either by themselves or some other Spaniards, altered and perfinished the same into the form that it now is; Peto and one Friar Elstowe of Canterbury, being the only men that have and do take upon themselves to be conveyers of the same books into England, and conveyers of all other things into and out of England. If privy search be made, and shortly, peradventure in the house of the same bishop shall be found his first copy. Master More hath sent oftentimes and lately books unto Peto, in Antwerp—as his book of the confutation of Tyndal, and of Frith's opinion of the sacrament, with divers other books. I can no further learn of More's practices, but if you consider this well, you may perchance espy his craft. Peto laboureth busylier than a bee in the setting forth of this book. He never ceaseth running to and from the court here. The king never had in his realm traitors like his friars—[Vaughan wrote "clergy." The word in the original is dashed through, and "friars" is substituted, whether by Cromwell or by himself in an afterthought, I do not know]—and so I have always said, and yet do. Let his Grace look well about him, for they seek to devour him. They have blinded his Grace."

[374] ELLIS, third series, vol. ii. p. 262, etc.

[375] The wishes of the French Court had been expressed emphatically to Clement in the preceding January. Original copies of the two following letters are in the Bibliothèque Impérial at Paris:—

The Cardinal of Lorraine to Cardinal —— at Rome.

"Paris, Jan. 8, 1531-2.

"RIGHT REVEREND FATHER AND LORD IN CHRIST.—After our most humble commendations—The King of England complains loudly that his cause is not remanded into his own country; he says that it cannot be equitably dealt with at Rome, where he cannot be present. He himself, the Queen, and the other witnesses, are not to be dragged into Italy to give their evidence; and the suits of the Sovereigns of England and France have always hitherto been determined in their respective countries.

"Nevertheless, by no entreaty can we prevail on the Pope to nominate impartial judges who will decide the question in England.

"The King's personal indignation is not the only evil which has to be feared. When these proceedings are known among the people, there will, perhaps, be a revolt, and the Apostolic See may receive an injury which will not afterwards be easily remedied.

"I have explained these things more at length to his Holiness, as my duty requires. Your affection towards him, my lord, I am assured is no less than mine. I beseech you, therefore, use your best endeavours with his Holiness, that the King of England may no longer have occasion to exclaim against him. In so doing you will gratify the Most Christian King, and you will follow the course most honourable to yourself and most favourable to the quiet of Christendom.

"From Abbeville."

Francis the First to Pope Clement the Seventh.

"Paris, Jan. 10, 1531-2.

"MOST HOLY FATHER,—You are not ignorant what our good brother and ally the King of England demands at your hands. He requires that the cognisance of his marriage be remanded to his own realm, and that he be no further pressed to pursue the process at Rome. The place is inconvenient from its distance, and there are other good and reasonable objections which he assures us that he has urged upon your Holiness's consideration.

"Most Holy Father, we have written several times to you, especially of late from St. Cloud, and afterwards from Chantilly, in our good brother's behalf; and we have further entreated you, through our ambassador residing at your Court, to put an end to this business as nearly according to the wishes of our said good brother as is compatible with the honour of Almighty God. We have made this request of you as well for the affection and close alliance which exist between ourselves and our brother, as for the filial love and duty with which we both in common regard your Holiness.

"Seeing, nevertheless, Most Holy Father, that the affair in question is still far from settlement, and knowing our good brother to be displeased and dissatisfied, we fear that some great scandal and inconvenience may arise at last which may cause the diminution of your Holiness's authority. There is no longer that ready obedience to the Holy See in England which was offered to your predecessors; and yet your Holiness persists in citing my good brother the King of England to plead his cause before you in Rome. Surely it is not without cause that he calls such treatment of him unreasonable. We have ourselves examined into the law in this matter, and we are assured that your Holiness's claim is unjust and contrary to the privilege of kings. For a sovereign to leave his realm and plead as a suitor in Rome, is a thing wholly impossible,[³⁷⁷] and therefore, Holy Father, we have thought good to address you once more in this matter. Bear with us, we entreat you. Consider our words, and recall to your memory what by letter and through our ministers we have urged upon you. Look promptly to our brother's matter, and so act that your Holiness may be seen to value and esteem our friendship. What you do for him, or what you do against him, we shall take it as done to ourselves.

"Holy Father, we will pray the Son of God to pardon and long preserve your Holiness to rule and govern our Holy Mother the Church.—FRANCIS."

[376] State Papers, vol. vii. p. 428. LEGRAND, vol. iii.

[377] Chose beaucoup plus impossible que possible.

[378] LORD HERBERT, p. 160. RYMER, vol. vi. part ii. p. 171.

[379] Francis seems to have desired that the intention of the interview should be kept secret. Henry found this impossible. "Monseigneur," wrote the Bishop of Paris to the Grand Master, "quant à tenir la chose secrette comme vous le demandez, il est mal aisé; combien que ce Roy fust bien de cest advis, sinon qu'il le treuve impossible; car a cause de ces provisions et choses, qu'il fault faire en ce Royaulme, incontinent sera sceu a Londres, et de la par tout le monde. Pourquoy ne faictes vostre compte qu'on le puisse tenir secret.

"Monseigneur, je sçay veritablement et de bon lieu que le plus grant plaisir que le Roy pourroit faire au Roy son frere et a Madame Anne, c'est que le dit seigneur m'escripre que je requiere le Roy son dit frere qu'il veuille mener la dicte Dame Anne avec luy a Callais pour la veoir et pour la festoyer, afin qu'ils ne demeurrent ensembles sans compagnie de dames, pour ce que les bonnes cheres en sont tous jours meilleures: mais il fauldroit que en pareil le Roy menast la Royne de Navarre à Boulogne, pour festoyer le Roy d'Angleterre.

"Quant à la Royne pour rien ce Roy ne vouldroit qu'elle vint: Il häit cest habillement à l'Espagnolle, tant qu'il luy semble veoir un diable. Il desireroit qu'il pleust au Roy mener à Boulogne, messeigneurs ses enfans pour les veoir.

"Surtout je vous prie que vous ostez de la court deux sortes de gens, ceulx qui sont imperiaulx, s'aucuns en y a, et ceux qui ont la reputation d'estre mocqueurs et gaudisseurs, car c'est bien la chose en ce monde autant häie de ceste nation."—Bishop of Paris to the Grand Master: LEGRAND, vol. iii. pp. 555, 556.

[380] Sir Gregory Cassalis to Henry VIII.: BURNET'S Collectanea, p. 433. Valde existimabam necessarium cum hoc Principe (i.e., Francis) agere ut duobus Cardinalibus daret in mandatis ut ante omnes Cardinalis de Monte meminissent, eique pensionem annuam saltem trium millium aureorum ex quadraginta millibus quæ mihi dixerat velle in Cardinales distribuere, assignaret. Et Rex quidem hæc etiam scribi ad duos Cardinales jussit secretario Vitandri. Quicum ego postmodo super iis pensionibus sermonem habui, cognovique sic in animo Regem habere ut duo Cardinales cum Romæ fuerint, videant, qui potissimum digni hâc Regiâ sint liberalitate; in eosque quum quid in Regno Galliæ ecclesiasticum vacare contigerit ex meritis uniuscujusque pensiones conferantur. Tunc autem nihil in promptu haberi quod Cardinali de Monte dari possit—verum Regio nomine illi de futuro esse promittendum quod mihi certe summopere displicuit; et secretario Vitandri non reticui ostendens pollicitationes hujusmodi centies jam Cardinali de Monte factas fuisse; et modo si iterum fiant nihil effecturas nisi ut illius viri quasi ulcera pertractent; id quod Vitandris verum esse fatebatur pollicitusque est se, quum Rex a venatu rediisset velle ei suadere ut Cardinalem de Monte aliquâ presenti pensione prosequatur; quâ quidem tibi nihil conducibilius aut opportunius fieri possit.

[381] State Papers, vol. iv. p. 612.

[382] Ibid, p. 616.

[383] The State Papers contain a piteous picture of this business, the hereditary feuds of centuries bursting out on the first symptoms of ill-will between the two governments, with fire and devastation.—State Papers, vol. iv. p. 620-644.

[384] If the said Earl of Angus do make unto us oath of allegiance, and recognises us as Supreme Lord of Scotland, and as his prince and sovereign, we then, the said earl doing the premises, by these presents bind ourself to pay yearly to the said earl the sum of one thousand pounds sterling.—Henry VIII. to the Earl of Angus: State Papers, vol. iv. p. 613.

[385] A letter of Queen Catherine to the Emperor, written on the occasion of this visit, will be read with interest:—

"HIGH AND MIGHTY LORD,—Although your Majesty is occupied with your own affairs and with your preparations against the Turk, I cannot, nevertheless, refrain from troubling you with mine, which perhaps in substance and in the sight of God are of equal importance. Your Majesty knows well, that God hears those who do him service, and no greater service can be done than to procure an end in this business. It does not concern only ourselves—it concerns equally all who fear God. None can measure the woes which will fall on Christendom, if his Holiness will not act in it and act promptly. The signs are all around us in new printed books full of lies and dishonesty—in the resolution to proceed with the cause here in England—in the interview of these two princes, where the king, my lord, is covering himself with infamy through the companion which he takes with him. The country is full of terror and scandal; and evil may be looked for if nothing be done, and inasmuch as our only hope is in God's mercy, and in the favour of your Majesty, for the discharge of my conscience, I must let you know the strait in which I am placed.

"I implore your Highness for the service of God, that you urge his Holiness to be prompt in bringing the cause to a conclusion. The longer the delay the harder the remedy will be.

"The particulars of what is passing here are so shocking, so outrageous against Almighty God, they touch so nearly the honour of my Lord and husband, that for the love I bear him, and for the good that I desire for him, I would not have your Highness know of them from me. Your ambassador will inform you of all."—Queen Catherine to Charles V. September 18.—MS. Simancas.

The Emperor, who was at Mantua, was disturbed at the meeting at Boulogne, on political grounds as well as personal. On the 24th of October he wrote to his sister, at Brussels.

Charles the Fifth to the Regent Mary.

Mantua, October 16, 1532.

I found your packets on arriving here, with the ambassadors' letters from France and England. The ambassadors will themselves have informed you of the intended conference of the Kings. The results will make themselves felt ere long. We must be on our guard, and I highly approve of your precautions for the protection of the frontiers.

As to the report that the King of England means to take the opportunity of the meeting to marry Anne Boleyn, I can hardly believe that he will be so blind as to do so, or that the King of France will lend himself to the other's sensuality. At all events, however, I have written to my ministers at Rome, and I have instructed them to lay a complaint before the Pope, that, while the process is yet pending, in contempt of the authority of the Church, the King of England is scandalously bringing over the said Anne with him, as if she were his wife.

His Holiness and the Apostolic See will be the more inclined to do us justice, and to provide as the case shall require.

Should the King indeed venture the marriage—as I cannot think he will—I have desired his Holiness not only not to sanction such conduct openly, but not to pass it by in silence. I have demanded that severe and fitting sentence be passed at once on an act so wicked and so derogatory to the Apostolic See.—The Pilgrim, p. 89.

[386] There can be little doubt of this. He was the child of the only intrigue of Henry VIII. of which any credible evidence exists. His mother was Elizabeth, daughter of Sir John Blunt, an accomplished and most interesting person; and the offspring of the connection, one boy only, was brought up with the care and the state of a prince. Henry FitzRoy, as he was called, was born in 1519, and when six years old was created Earl of Nottingham and Duke of Richmond and Somerset, the title of the king's father.

In 1527, before the commencement of the disturbance on the divorce, Henry endeavoured to negotiate a marriage for him with a princess of the imperial blood; and in the first overtures gave an intimation which could not be mistaken, of his intention, if possible, to place him in the line of the succession. After speaking of the desire which was felt by the King of England for some connection in marriage of the Houses of England and Spain, the ambassadors charged with the negotiation were to say to Charles, that—

"His Highness can be content to bestow the Duke of Richmond and Somerset (who is near of his blood, and of excellent qualities, and is already furnished to keep the state of a great prince, and yet may be easily by the king's means exalted to higher things) to some noble princess of his near blood."—ELLIS, third series, vol. ii. p. 121.

He was a gallant, high-spirited boy. A letter is extant from him to Wolsey, written when he was nine years old, begging the cardinal to intercede with the king, "for an harness to exercise myself in arms according to my erudition in the Commentaries of Cæsar."—Ibid. p. 119.

He was brought up with Lord Surrey, who has left a beautiful account of their boyhood at Windsor—their tournaments, their hunts, their young loves, and passionate friendship. Richmond married Surrey's sister, but died the year after, when only seventeen; and Surrey revisiting Windsor, recalls his image among the scenes which they had enjoyed together, in the most interesting of all his poems. He speaks of

The secret grove, which oft we made resound

Of pleasant plaint and of our ladies' praise;

Recording oft what grace each one had found,

What hope of speed, what dread of long delays.

The wild forest; the clothed holts with green;

With reins availed, and swift y-breathed horse,

With cry of hounds, and merry blasts between,

Where we did chase the fearful hart of force.

The void walls eke that harboured us each night,

Wherewith, alas! reviveth in my breast

The sweet accord, such sleeps as yet delight

The pleasant dream, the quiet bed of rest;

The secret thought imparted with such trust.

The wanton talk, the divers change of play,

The friendship sworn, each promise kept so just,

Wherewith we past the winter nights away.

[387] Compare LORD HERBERT with A Paper of Instructions to Lord Rochfort on his Mission to Paris: State Papers, vol. vii. p. 427, etc.; and A Remonstrance of Francis I. to Henry VIII.: LEGRAND, vol. iii. p. 571, etc. It would be curious to know whether Francis ever actually wrote to the pope a letter of which Henry sent him a draft. If he did, there are expressions contained in it which amount to a threat of separation. In case the pope was obstinate Francis was to say, "Lors force seroit de pourvoir audict affaire, par autres voyes et façons, qui peut etre, ne vous seroint gueres agreable."—State Papers, vol. vii. p. 436.

[388] A nostre derniere entrevue sur la fraternelle et familiere communication que nous eusmes ensemble de noz affaires venant aux nostres, Luy declarasmes comme a tord et injustment nous estions affligez, dilayez, et fort ingratemeut manniez et troublez, en nostre dicte grande et pesante matiere de marriage par la particuliere affection de l'empereur et du pape. Lesquelz sembloient par leurs longues retardations de nostre dicte matiere ne sercher autre chose, sinon par longue attente et laps de temps, nous frustrer malicieusement du propoz, qui plus nous induict a poursuivir et mettre avant la dicte matiere; c'est davoir masculine succession et posterite en laquelle nous etablirons (Dieu voulant) le quiet repoz et tranquillite de notre royaulme et dominion. Son fraternel, plain, et entier advis (et a bref dire le meilleur qui pourroit estre) fut tel; il nous conseilla de ne dilayer ne protractor le temps plus longuement, mais en toute celerite proceder effectuellement a laccomplisment et consummation de nostre marriage.—Henry VIII. to Rochfort: State Papers, vol. vii. p. 428-9.

[389] The extent of Francis's engagements, as Henry represents them, was this:—He had promised qu'en icelle nostre dicte cause jamais ne nous abandonneroit quelque chose que sen ensuyst; ainsi de tout son pouvoir l'establiroit, supporteroit, aideroit et maintiendroit notre bon droict, et le droict de la posterite et succession qui sen pourroit ensuyr; et a tous ceulz qui y vouldroyent mettre trouble, empeschement, encombrance, ou y procurer deshonneur, vitupere, ou infraction, il seroit enemy et adversaire de tout son pouvoir, de quelconque estat qu'il soit, fust pape ou empereur,—avecque plusieurs autres consolatives paroles. This he wished Francis to commit to paper. Car autant de fois, que les verrions, he says, qui seroit tous les jours, nous ne pourrions, si non les liscent, imaginer et reduire a notre souvenance la bonne grace facunde et geste, dont il les nous prononçait, et estimer estre comme face a face, parlans avecque luy.—State Papers, vol. vii. p. 437. Evidently language of so wide a kind might admit of many interpretations.

[390] LEGRAND, vol. iii. p. 571, etc.

[391] Note of the Revelations of Eliz. Barton: Rolls House MS. Suppression of the Monasteries, p. 17.

The intention was really perhaps what the nun said. An agent of the government at Brussels, who was watching the conference, reported on the 12th of November:—"The King of England did really cross with the intention of marrying; but, happily for the emperor, the ceremony is postponed. Of other secrets, my informant has learned thus much. They have resolved to demand as the portion of the Queen of France, Artois, Tournay, and part of Burgundy. They have also sent two cardinals to Rome to require the Pope to relinquish the tenths, which they have begun to levy for themselves. If his Holiness refuse, the King of England will simply appropriate them throughout his dominions. Captain —— heard this from the king's proctor at Rome, who has been with him at Calais, and from an Italian named Jeronymo, whom the Lady Anne has roughly handled for managing her business badly. She trusted that she would have been married in September.

"The proctor told her the Pope delayed sentence for fear of the Emperor. The two kings, when they heard this, despatched the cardinals to quicken his movements; and the demand for the tenths is thought to have been invented to frighten him.

"They are afraid that the Emperor may force his Holiness into giving sentence before the cardinals arrive. Jeronymo has been therefore sent forward by post to give him notice of their approach, and to require him to make no decision till they have spoken with him."—The Pilgrim, p. 89.

[392] 25 Hen. VIII. cap. 12.

[393] Revelations of Eliz. Barton: Rolls House MS.

[394] State Papers, vol. vii. pp. 435, 468.

[395] Letter from ——, containing an account of an interview with his Holiness: Rolls House MS.

[396] This proposal was originally the king's (see chapter 2), but it had been dropped because one of the conditions of it had been Catherine's "entrance into religion." The pope, however, had not lost sight of the alternative, as one of which, in case of extremity, he might avail himself; and, in 1530, in a short interval of relaxation, he had definitely offered the king a dispensation to have two wives, at the instigation, curiously, of the imperialists. The following letter was written on that occasion to the king by Sir Gregory Cassalis:—

Serenissime et potentissime domine rex, domine mi supreme humillimâ commendatione premissâ, salutem et felicitatem. Superioribus diebus Pontifex secreto, veluti rem quam magni faceret, mihi proposuit conditionem hujusmodi; concedi posse vestræ majestati, ut duas uxores habeat; cui dixi nolle me provinciam suscipere eâ de re scribendi, ob eam causam quod ignorarem an inde vestræ conscientiæ satisfieri posset quam vestra majestas imprimis exonerare cupit. Cur autem sic responderem, illud in causâ fuit, quod ex certo loco, unde quæ Cæsariani moliantur aucupari soleo exploratum certumque habebam Cæsarianos illud ipsum quærere et procurare. Quem vero ad finem id quærant pro certo exprimere non ausim. Id certe totum vestræ prudentiæ considerandum relinquo. Et quamvis dixerim Pontifici, nihil me de eo scripturum, nolui tamen majestati vestræ hoc reticere; quæ sciat omni me industriâ laborâsse in iis quæ nobis mandat exequendis et cum Anconitano qui me familiariter uti solet, omnia sum conatus. De omnibus autem me ad communes literas rejicio. Optime valeat vestra majestas.—Romæ die xviii. Septembris, 1530.

Clarissimi vestrai Majestatis, Humillimus servus,

GREGORIUS CASSALIS,

—LORD HERBERT, p. 140.

[397] State Papers, vol. vii. p. 394, etc.

[398] The obtaining the opinion in writing of the late Cardinal of Ancona, and submitting it to the emperor. This minister, the most aged as well as the most influential member of the conclave, had latterly been supposed to be inclined to advise a conciliatory policy towards England; and his judgment was of so much weight that it was thought likely that the emperor would have been unable to resist the publication of it, if it was given against him. At the critical moment of the Bologna interview this cardinal unfortunately died: he had left his sentiments, however, in the hands of his nephew, the Cardinal of Ravenna, who, knowing the value of his legacy, was disposed to make a market of it. It was a knavish piece of business. The English ambassadors offered 3000 ducats; Charles bid them out of the field with a promise of church benefices to the extent of 6000 ducats; he did not know precisely the terms of the judgment, or even on which side it inclined, but in either case the purchase was of equal importance to him, either to produce it or to suppress it. The French and English ambassadors then combined, and bid again with church benefices in the two countries, of equal value with those offered by Charles, with a promise of the next English bishopric which fell vacant, and the original 3000 ducats as an initiatory fee. There was a difficulty in the transaction, for the cardinal would not part with the paper till he had received the ducats, and the ambassadors would not pay the ducats till they had possession of the paper. The Italian, however, proved an overmatch for his antagonists. He got his money, and the judgment was not produced after all.—State Papers, vol. vii. pp. 397-8, 464. BURNET, vol. iii. p. 108.

[399] Bennet to Henry VIII.: State Papers, vol. vii. p. 402.

[400] Sir Gregory Cassalis to the King: Rolls House M.S., endorsed by Henry, Litteræ in Pontificis dicta declaratoriæ quæ maxime causam nostram probant.

[401] There was a tradition (it cannot be called more), that no Englishman could be compelled against his will to plead at a foreign tribunal. "Ne Angli extra Angliam litigare cogantur."

[402] Henry VIII. to the Ambassadors with the Pope: Rolls House M.S.

[403] Ibid.

[404] So at least the English government was at last convinced, as appears in the circular to the clergy, printed in BURNET'S Collectanea, p. 447, etc. I try to believe, however, that the pope's conduct was rather weak than treacherous.

[405] So at least Cranmer says; but he was not present, nor was he at the time informed that it was to take place.—ELLIS, first series, vol. ii. p. 32. The belief, however, generally was, that the marriage took place in November; and though Cranmer's evidence is very strong, his language is too vague to be decisive.

[406] Individual interests have to yield necessarily and justly to the interests of a nation, provided the conduct or the sacrifice which the nation requires is not sinful. That there would have been any sin on Queen Catherine's part if she had consented to a separation from the king, was never pretended; and although it is a difficult and delicate matter to decide how far unwilling persons may be compelled to do what they ought to have done without compulsion, yet the will of a single man or woman cannot be allowed to constitute itself an irremovable obstacle to a great national good.

[407] It is printed by LORD HERBERT, and in LEGRAND, vol. iii.

[408] LEGRAND, vol. iii. p. 558, etc.

[409] Ye may show unto his Holiness that ye have heard from a friend of yours in Flanders lately, that there hath been set up certain writings from the See Apostolic, in derogation both of justice and of the affection lately showed by his Holiness unto us; which thing ye may say ye can hardly believe to be true, but that ye reckon them rather to be counterfeited. For if it should be true, it is a thing too far out of the way, specially considering that you and other our ambassadors be there, and have heard nothing of the matter. We send a copy of these writings unto you, which copy we will in no wise that ye shall show to any person which might think that ye had any knowledge from us nor any of our council, marvelling greatly if the same hath proceeded indeed from the pope; [and] willing you expressly not to show that ye had it of us.—State Papers, vol. vii. p. 421.

[410] State Papers, vol. vii. p. 454.

[411] Sir John Wallop to Henry: State Papers, vol. vii. p. 422.

[412] Francis represented himself to Henry as having refused with a species of bravado. "He told me," says Sir John Wallop, "that he had announced previously that he would consent to no such interview, unless your Highness were also comprised in the same; and if it were so condescended that your Highness and he should be then together, yet you two should go after such a sort and with such power that you would not care whether the pope and emperor would have peace or else coups de baston."—Wallop to Henry, from Paris, Feb. 22. But this was scarcely a complete account of the transaction; it was an account only of so much of it as the French king was pleased to communicate. The emperor was urgent for a council. The pope, feeling the difficulty either of excluding or admitting the Protestant representatives, was afraid of consenting to it, and equally afraid of refusing. The meeting proposed to Francis was for the discussion of this difficulty; and Francis, in return, proposed that the great Powers, Henry included, should hold an interview, and arrange beforehand the conclusions at which the council should arrive. This naïve suggestion was waived by Charles, apparently on grounds of religion. LORD HERBERT, Kennet's Edit. p. 167.

[413] The emperor's answer touching this interview is come, and is, in effect, that if the pope shall judge the said interview to be for the wealth and quietness of Christendom, he will not be seen to dissuade his Holiness from the same; but he desired him to remember what he showed to his Holiness when he was with the same, at what time his Holiness offered himself for the commonwealth to go to any place to speak with the French king.—Bennet to Henry VIII.; State Papers, vol. vii. p. 464.

[414] The estrapade was an infernal machine introduced by Francis into Paris for the better correction of heresy. The offender was slung by a chain over a fire, and by means of a crane was dipped up and down into the flame, the torture being thus prolonged for an indefinite time. Francis was occasionally present in person at these exhibitions, the executioner waiting his arrival before commencing the spectacle.

[415] 24 Hen. VIII. cap. 13.

[416] 24 Hen. VIII. cap. 12

[417] State Papers, vol. vii. p. 441.

[418] D'Inteville to Francis the First: MS. Bibliothèque Impérial, Paris—Pilgrim, p. 92.

[419] 24 Hen. VIII. cap. 12.

[420] He had been selected as Warham's successor; and had been consecrated on the 30th of March, 1533. On the occasion of the ceremony when the usual oath to the Pope was presented to him, he took it with a declaration that his first duty and first obedience was to the crown and laws of his own country. It is idle trifling, to build up, as too many writers have attempted to do, a charge of insincerity upon an action which was forced upon him by the existing relation between England and Rome. The Act of Appeals was the law of the land. The separation from communion with the papacy was a contingency which there was still a hope might be avoided. Such a protest as Cranmer made was therefore the easiest solution of the difficulty. See it in STRYPE'S Cranmer, Appendix, p. 683.

[421] BURNET, Vol. iii. pp. 122-3

[422] Bennet to Henry VIII.: State Papers, vol. vii. p. 402. Sir Gregory Cassalis to the same: Rolls House MS.

[423] BURNET, vol. iii. p. 123.

[424] Ibid. vol. i. p. 210.

[425] See State Papers, vol. i. pp. 415, 420, etc.

[426] BURNET'S Collectanea, p. 22. It is very singular that in the original Bull of Julius, the expression is "forsan consummavissetis;" while in the brief, which, if it was genuine, was written the same day, and which, if forged, was forged by Catherine's friends, there is no forsan. The fact is stated absolutely.

[427] LORD HERBERT, p. 163. BURNET. vol. iii. p. 123.

[428] State Papers, vol. i. pp. 390. 391.

[429] Ye therefore duly recognising that it becometh you not, being our subject, to enterprise any part of your said office in so weighty and great a cause pertaining to us being your prince and sovereign, without our licence obtained so to do; and therefore in your most humble wise ye supplicate us to grant unto you our licence to proceed.—State Papers, vol. i. p. 392.

[430] State Papers, vol. i. p. 392.

[431] Cromwell to the King on his Committal to the Tower: BURNET, Collectanea, p. 500.

[432] So at least she called him a few days later.—State Papers, vol. i. p. 420. We have no details of her words when she was summoned; but only a general account of them.—State Papers, vol. i. p. 394-5.

[433] The words of the sentence may be interesting:—"In the name of God, Amen. We, Thomas, by Divine permission Archbishop of Canterbury, Primate of all England, and Legate of the Apostolic See, in a certain cause of inquiry of and concerning the validity of the marriage contracted and consummated between the most potent and most illustrious Prince, our Sovereign Lord, Henry VIII., by the grace of God King of England and France, Defender of the Faith, and Lord of Ireland, and the most serene Princess, Catherine, daughter of his Most Catholic Majesty, Ferdinand, King of Spain, of glorious memory, we proceeding according to law and justice in the said cause which has been brought judicially before us in virtue of our office, and which for some time has lain under examination, as it still is, being not yet finally determined and decided; having first seen all the articles and pleas which have been exhibited and set forth of her part, together with the answers made thereto on the part of the most illustrious and powerful Prince, Henry VIII.; having likewise seen and diligently inspected the informations and depositions of many noblemen and other witnesses of unsuspected veracity exhibited in the said cause; having also seen and in like manner carefully considered not only the censures and decrees of the most famous universities of almost the whole Christian world, but likewise the opinions and determinations both of the most eminent divines and civilians, as also the resolutions and conclusions of the clergy of both Provinces of England in Convocation assembled, and many other wholesome instructions and doctrines which have been given in and laid before us concerning the said marriage; having further seen and in like manner inspected all the treaties and leagues of peace and amity on this account entered upon and concluded between Henry VII., of immortal fame, late King of England, and the said Ferdinand, of glorious memory, late King of Spain; having besides seen and most carefully weighed all and every of the acts, debates, letters, processes, instruments, writs, arguments, and all other things which have passed and been transacted in the said cause at any time; in all which thus seen and inspected, our most exact care in examining, and our most mature deliberation in weighing them hath by us been used, and all other things have been observed by us, which of right in this matter were to be observed; furthermore, the said most illustrious Prince, Henry VIII., in the forementioned cause, by his proper Proctor having appeared before us, but the said most serene Lady Catherine in contempt absenting herself (whose absence we pray that the divine presence may compensate) [cujus absentia Divinâ repleatur præsentiâ. Lord Herbert translates it, "whose absence may the Divine presence attend," missing, I think, the point of the Archbishop's parenthesis] by and with the advice of the most learned in the law, and of persons of most eminent skill in divinity whom we have consulted in the premises, we have found it our duty to proceed to give our final decree and sentence in the said cause, which, accordingly, we do in this manner.

"Because by acts, warrants, deductions, propositions, exhibitions, allegations, proofs and confessions, articles drawn up, answers of witnesses, depositions, informations, instruments, arguments, letters, writs, censures, determinations of professors, opinions, councils, assertions, affirmations, treaties, and leagues of peace, processes, and other matters in the said cause, as is above mentioned, before us laid, had, done, exhibited, and respectively produced, as also from the same and sundry other reasons, causes, and considerations, manifold arguments, and various kinds of proof of the greatest evidence, strength, and validity, of which in the said cause we have fully and clearly informed ourselves, we find, and with undeniable evidence and plainness see that the marriage contracted and consummated, as is aforesaid, between the said most illustrious Prince, Henry VIII., and the most serene Lady Catherine, was and is null and invalid, and that it was contracted and consummated contrary to the law of God: therefore, we, Thomas, Archbishop, Primate, and Legate aforesaid, having first called upon the name of Christ for direction herein, and having God altogether before our eyes, do pronounce sentence, and declare for the invalidity of the said marriage, decreeing that the said pretended marriage always was and still is null and invalid; that it was contracted and consummated contrary to the will and law of God, that it is of no force or obligation, but that it always wanted, and still wants, the strength and sanction of law; and therefore we sentence that it is not lawful for the said most illustrious Prince, Henry VIII., and the said most serene Lady Catherine, to remain in the said pretended marriage; and we do separate and divorce them one from the other, inasmuch as they contracted and consummated the said pretended marriage de facto, and not de jure; and that they so separated and divorced are absolutely free from all marriage bond with regard to the foresaid pretended marriage, we pronounce, and declare by this our definitive sentence and final decree, which we now give, and by the tenour of these present writings do publish. May 23rd, 1533."—BURNET'S Collectanea, p. 68, and LORD HERBERT.

[434] HALL.

[435] Ibid.

[436] Ibid. p. 801. Hall was most likely an eye-witness, and may be thoroughly trusted in these descriptions. Whenever we are able to test him, which sometimes happens, by independent contemporary accounts, he proves faithful in the most minute particulars.

[437] FOXE, vol. v. p. III.

[438] Northumberland to Henry VIII.: State Papers, vol. iv. pp. 598-9.

[439] Hawkins to Henry VIII.: Ibid. vol. vii. p. 488.

[440] BURNET. vol. iii. p. 115.

[441] State Papers, vol. i. p. 398.

[442] Papers relating to the Nun of Kent: Rolls House MS.

[443] ELLIS, first series, vol. ii. p. 43.

[444] Cotton M.S. Otho X, p. 199. State Papers, vol. i. p. 397.

[445] State Papers, vol. i. p. 403.

[446] Cromwell had endeavoured to save Frith, or at least had been interested for him. Sir Edmund Walsingham, writing to him about the prisoners in the Tower, says:—"Two of them wear irons, and Frith weareth none. Although he lacketh irons, he lacketh not wit nor pleasant tongue. His learning passeth my judgment. Sir, as ye said, it were great pity to lose him if he may be reconciled."—Walsingham to Cromwell: M.S. State Paper Office, second series, vol. xlvi.

[447] ELLIS, first series, vol. ii. p. 40.

[448] "The natural body and blood of our Saviour Christ are in Heaven, and not here, it being against the truth of Christ's natural body to be at one time in more places than one." The argument and the words in which it is expressed were Frith's.—See FOXE, vol. v. p. 6.

[449] The origin of the word Lollards has been always a disputed question. I conceive it to be from Lolium. They were the "tares" in the corn of Catholicism.

[450] 35 Ed. I.; Statutes of Carlisle, cap. 1-4.

[451] Ibid.

[452] 25 Ed. III. stat. 4. A clause in the preamble of this act bears a significantly Erastian complexion: come seinte Eglise estoit founde en estat de prelacie deins le royaulme Dengleterre par le dit Roi et ses progenitours, et countes, barons, et nobles de ce Royaulme et lours ancestres, pour eux et le poeple enfourmer de la lei Dieu. If the Church of England was held to have been, founded not by the successors of the Apostles, but by the king and the nobles, the claim of Henry VIII. to the supremacy was precisely in the spirit of the constitution.

[453] 38 Ed. III. stat. 2; 3 Ric. II. cap. 3; 12 Ric. II. cap. 15; 13 Ric. II. stat. 2. The first of these acts contains a paragraph which shifts the blame from the popes themselves to the officials of the Roman courts. The statute is said to have been enacted en eide et confort du pape qui moult sovent a estee trublez par tieles et semblables clamours et impetracions, et qui y meist voluntiers covenable remedie, si sa seyntetee estoit sur ces choses enfournee. I had regarded this passage as a fiction of courtesy like that of the Long Parliament who levied troops in the name of Charles I. The suspicious omission of the clause, however, in the translation of the statutes which was made in the later years of Henry VIII. justifies an interpretation more favourable to the intentions of the popes.

[454] The abbots and bishops decently protested. Their protest was read in parliament, and entered on the Rolls. Rot. Parl. iii. [264] quoted by Lingard, who has given a full account of these transactions.

[455] 13 Ric. II. stat. 2.

[456] See 16 Ric. II. cap. 5.

[457] This it will be remembered was the course which was afterwards followed by the parliament under Henry VIII. before abolishing the payment of first-fruits.

[458] Lingard says, that "there were rumours that if the prelates executed the decree of the king's courts, they would be excommunicated."—Vol. iii. p. 172. The language of the act of parliament, 16 Ric. II. cap. 5, is explicit that the sentence was pronounced.

[459] 16 Ric. II. cap. 5.

[460] Ibid.

[461] Ibid.

[462] LEWIS, Life of Wycliffe.

[463] If such scientia media might be allowed to man, which is beneath certainty and above conjecture, such should I call our persuasion that he was born in Durham.—FULLER'S Worthies, vol. i. p. 479.

[464] The Last Age of the Church was written in 1356. See LEWIS, p. 3.

[465] LELAND.

[466] LEWIS, p. 287.

[467] 1 Ric. II. cap. 13.

[468] WALSINGHAM, 206-7, apud LINGARD. It is to be observed, however, that Wycliffe himself limited his arguments strictly to the property of the clergy. See MILMAN'S History of Latin Christianity, vol. v. p. 508.

[469] WALSINGHAM, p. 275, apud LINGARD.

[470] 5 Ric. II. cap. 5.

[471] WILKINS, Concilia, iii. 160-167.

[472] De Heretico comburendo. 2 Hen. IV. cap. 15.

[473] STOW, 330, 338.

[474] Rot. Parl. iv. 24, 108, apud LINGARD; RYMER, ix. 89, 119, 129, 170, 193; MILMAN, Vol. v. p. 520-535.

[475] 2 Hen. V. stat. 1, cap. 7.

[476] There is no better test of the popular opinion of a man than the character assigned to him on the stage; and till the close of the sixteenth century Sir John Oldcastle remained the profligate buffoon of English comedy. Whether in life he bore the character so assigned to him, I am unable to say. The popularity of Henry V., and the splendour of his French wars, served no doubt to colour all who had opposed him with a blacker shade than they deserved: but it is almost certain that Shakspeare, though not intending Falstaff as a portrait of Oldcastle, thought of him as he was designing the character; and it is altogether certain that by the London public Falstaff was supposed to represent Oldcastle. We can hardly suppose that such an expression as "my old lad of the castle," should be accidental; and in the epilogue to the Second Part of Henry the Fourth, when promising to reintroduce Falstaff once more, Shakspeare says, "where for anything I know he shall die of the sweat, for Oldcastle died a martyr, and this is not the man." He had, therefore, certainly been supposed to be the man, and Falstaff represented the English conception of the character of the Lollard hero. I should add, however, that Dean Milman, who has examined the records which remain to throw light on the character of this remarkable person with elaborate care and ability, concludes emphatically in his favour.

[477] Two curious letters of Henry VI. upon the Lollards, written in 1431, are printed in the Archæologia, vol. xxiii. p. 339, etc. "As God knoweth," he says of them, "never would they be subject to his laws nor to man's, but would be loose and free to rob, reve, and dispoil, slay and destroy all men of thrift and worship, as they proposed to have done in our father's days; and of lads and lurdains would make lords."

[478] Proceedings of an organised Society in London called the Christian Brethren, supported by voluntary contributions, for the dispersion of tracts against the doctrines of the Church: Rolls House MS.

[479] HALE'S Precedents. The London and Lincoln Registers, in FOXE, vol. iv.; and the MS. Registers of Archbishops Morton and Warham, at Lambeth.

[480] KNOX'S History of the Reformation in Scotland.

[481] Also we object to you that divers times, and specially in Robert Durdant's house, of Iver Court, near unto Staines, you erroneously and damnably read in a great book of heresy, all [one] night, certain chapters of the Evangelists, in English, containing in them divers erroneous and damnable opinions and conclusions of heresy, in the presence of divers suspected persons.—Articles objected against Richard Butler—London Register: FOXE, vol. iv. p. 178.

[482] FOXE, vol. iv. p. 176.

[483] MICHELET, Life of Luther, p. 71.

[484] Ibid.

[485] Ibid. p. 41.

[486] WOOD'S Athenæ Oxonienses.

[487] FOXE, vol. iv. p. 618.

[488] The suspicious eyes of the Bishops discovered Tyndal's visit, and the result which was to be expected from it.

On Dec. 2nd, 1525, Edward Lee, afterwards Archbishop of York, then king's almoner, and on a mission into Spain, wrote from Bordeaux to warn Henry. The letter is instructive:

"Please your Highness to understand that I am certainly informed as I passed in this country, that an Englishman, your subject, at the solicitation and instance of Luther, with whom he is, hath translated the New Testament into English; and within few days intendeth to return with the same imprinted into England. I need not to advertise your Grace what infection and danger may ensue hereby if it be not withstanded. This is the next way to fulfil your realm with Lutherians. For all Luther's perverse opinions be grounded upon bare words of Scripture, not well taken, ne understanded, which your Grace hath opened in sundry places of your royal book. All our forefathers, governors of the Church of England, hath with all diligence forbid and eschewed publication of English Bibles, as appeareth in constitutions provincial of the Church of England. Nowe, sure, as God hath endued your Grace with Christian courage to sett forth the standard against these Philistines and to vanquish them, so I doubt not but that he will assist your Grace to prosecute and perform the same—that is, to undertread them that they shall not now lift up their heads; which they endeavour by means of English Bibles. They know what hurt such books hath done in your realm in times past."—Edward Lee to Henry VIII.: ELLIS, third series, vol. ii. p. 71.

[489] Answer of the Bishops: Rolls House MS. See cap. 3.

[490] Answer of the Bishops, vol. i. cap. 3.

[491] See, particularly, State Papers, vol. vii. p. 302.

[492] Proceedings of the Christian Brethren: Rolls House MS.

[493] See the letter of Bishop Fox to Wolsey: STRYPE'S Memorials, vol. i. Appendix.

[494] Particulars of Persons who had dispersed Anabaptist and Lutheran Tracts: Rolls House MS.

[495] Dr. Taylor to Wolsey: Rolls House MS. Clark to Wolsey: State Papers, vol. vii. pp. 80, 81.

[496] ELLIS, third series, vol. ii. p. 189.

[497] Memoirs of Latimer prefixed to Sermons, pp. 3, 4; and see STRYPE'S Memorials, vol. i.

[498] FOXE, vol. v. p. 416.

[499] Tunstall, Bishop of London, has had the credit hitherto of this ingenious folly, the effect of which, as Sir Thomas More warned him, could only be to supply Tyndal with money.—HALL, 762, 763. The following letter from the Bishop of Norwich to Warham shows that Tunstall was only acting in canonical obedience to the resolution of his metropolitan:—

"In right humble manner I commend me unto your good Lordship, doing the same to understand that I lately received your letters, dated at your manor of Lambeth, the 26th day of the month of May, by the which I do perceive that your Grace hath lately gotten into your hands all the books of the New Testament, translated into English, and printed beyond the sea; as well those with the glosses joined unto them as those without the glosses.

"Surely, in myn opinion, you have done therein a gracious and a blessed deed; and God, I doubt not, shall highly reward you therefore. And when, in your said letters, ye write that, insomuch as this matter and the danger thereof, if remedy had not been provided, should not only have touched you, but all the bishops within your province; and that it is no reason that the holle charge and cost thereof should rest only in you; but that they and every of them, for their part, should advance and contribute certain sums of money towards the same: I for my part will be contented to advance in this behalf, and to make payment thereof unto your servant, Master William Potkyn.

"Pleaseth it you to understand, I am well contented to give and advance in this behalf ten marks, and shall cause the same to be delivered shortly; the which sum I think sufficient for my part, if every bishop within your province make like contribution, after the rate and substance of their benefices. Nevertheless, if your Grace think this sum not sufficient for my part in this matter, your further pleasure known, I shall be as glad to conform myself thereunto in this, or any other matter concerning the church, as any your subject within your province; as knows Almighty God, who long preserve you. At Hoxne in Suffolk, the 14th day of June, 1527. Your humble obedience and bedeman,

"R. NORWICEN."

[500] FOXE, vol. iv.

[501] The papal bull, and the king's licence to proceed upon it, are printed in Rymer, vol. vi. part ii. pp. 8 and 17. The latter is explicit on Wolsey's personal liberality in establishing this foundation. Ultro et ex propriâ liberalitate et munificentiâ, nec sine gravissimo suo sumptu et impensis, collegium fundare conatur.

[502] Would God my Lord his Grace had never been motioned to call any Cambridge man to his most towardly college. It were a gracious deed if they were tried and purged and restored unto their mother from whence they came, if they be worthy to come thither again. We were clear without blot or suspicion till they came, and some of them, as Master Dean hath known a long time, hath had a shrewd name.—Dr. London to Archbishop Warham: Rolls House MS.

[503] Dr. London to Warham: Rolls House MS.

[504] DALABER'S Narrative.

[505] Clark seems to have taken pupils in the long vacation. Dalaber at least read with him all one summer in the country.—Dr. London to Warham: Rolls House MS.

[506] The Vicar of Bristol to the Master of Lincoln College, Oxford: Rolls House MS.

[507] Dr. London to Warham: Rolls House MS.

[508] Radley himself was one of the singers at Christchurch: London to Warham. MS.

[509] Dr. London to Warham: Rolls House MS.

[510] On the site of the present Worcester College. It lay beyond the walls of the town, and was then some distance from it across the fields.

[511] Christchurch, where Dalaber occasionally sung in the quire. Vide infra.

[512] Some part of which let us read with him. "I send you forth as sheep in the midst of wolves; be ye therefore wise as serpents and harmless as doves. But beware of men, for they will deliver you up to the councils, and they will scourge you in their synagogues; and ye shall be brought before governors and kings for my sake, for a testimony against them and the gentiles. But when they deliver you up, take no thought how or what ye shall speak, for it shall be given you in that same hour what ye shall speak; for it is not ye that speak, but the Spirit of your Father which speaketh in you. And the brother shall deliver up the brother to death; and the father the child; and the children shall rise up against their parents, and cause them to be put to death. And ye shall be hated of all men for my name's sake: but he that endureth to the end shall be saved. Whosoever shall confess me before men, him will I confess also before my Father which is in heaven. Whosoever shall deny me before men, him will I also deny before my Father which is in heaven. Think not that I am come to send peace on earth; I came not to send peace, but a sword. For I am come to set a man at variance against his father, and the daughter against her mother, and the daughter-in-law against her mother-in-law. And a man's foes shall be they of his own household. He that loveth father or mother more than me is not worthy of me. He that loveth son or daughter more than me is not worthy of me. He that taketh not his cross and followeth after me is not worthy of me. He that findeth his life shall lose it, and he that loseth his life for my sake shall find it."

[513] Rector of Lincoln.

[514] Warden of New College.

[515] The last prayer.

[516] Dr. Maitland, who has an indifferent opinion of the early Protestants, especially on the point of veracity, brings forward this assertion of Dalaber as an illustration of what he considers their recklessness. It seems obvious, however, that a falsehood of this kind is something different in kind from what we commonly mean by unveracity, and has no affinity with it. I do not see my way to a conclusion; but I am satisfied that Dr. Maitland's strictures are unjust. If Garret was taken, he was in danger of a cruel death, and his escape could only be made possible by throwing the bloodhounds off the scent. A refusal to answer would not have been sufficient; and the general laws by which our conduct is ordinarily to be directed, cannot be made so universal in their application as to meet all contingencies. It is a law that we may not strike or kill other men, but occasions rise in which we may innocently do both. I may kill a man in defence of my own life or my friend's life, or even of my friend's property; and surely the circumstances which dispense with obedience to one law may dispense equally with obedience to another. If I may kill a man to prevent him from robbing my friend, why may I not deceive a man to save my friend from being barbarously murdered? It is possible that the highest morality would forbid me to do either. I am unable to see why, if the first be permissible, the second should be a crime. Rahab of Jericho did the same thing which Dalaber did, and on that very ground was placed in the catalogue of saints.

[517] A cell in the Tower, the nature of which we need not inquire into.

[518] FOXE, vol. v. p. 421.

[519] Dr. London to the Bishop of Lincoln: Rolls House MS.

[520] Ibid.

[521] Dr. Forman, rector of All Hallows, who had himself been in trouble for heterodoxy.

[522] Dr. London to the Bishop of Lincoln, Feb. 20, 1528: Rolls House MS.

[523] Now Cokethorpe Park, three miles from Stanton Harcourt, and about twelve from Oxford. The village has disappeared.

[524] Vicar of All Saints, Bristol, to the Rector of Lincoln: Rolls House MS.

[525] The Vicar of All Saints to the Rector of Lincoln: Rolls House MS.

[526] Dr. London to the Bishop of Lincoln: Rolls House MS.

[527] Long extracts from it are printed in FOXE, vol. iv.

[528] Another of the brethren, afterwards Bishop of St. David's, and one of the Marian victims.

[529] Bishop of Lincoln to Wolsey, March 5, 1527-8: Rolls House MS.: and see ELLIS, third series, vol. ii. p. 77.

[530] ELLIS, third series, vol. ii. p. 77.

[531] With some others he "was cast into a prison where the saltfish lay, through the stink whereof the most part of them were infected; and the said Clark, being a tender young man, died in the same prison."—FOXE, vol. iv. p. 615.

[532] London to Warham: Rolls House MS.

[533] Petition of the Commons, vol. i. cap. 3.

[534] Ibid. And, as we saw in the bishops' reply, they considered their practice in these respects wholly defensible.—See Reply of the Bishops, cap. 3.

[535] Petition of the Commons, cap. 3.

[536] Hen. V. stat. 1.

[537] He had been "troublesome to heretics," he said, and he had "done it with a little ambition;" for "he so hated this kind of men, that he would fie the sorest enemy that they could have, if they would not repent."—MORE'S Life of More, p. 211.

[538] See FOXE:, vol. iv. pp. 689, 698, 705.

[539] 2 Hen. V. stat. 1.

[540] John Stokesley.

[541] Petition of Thomas Philips to the House of Commons: Rolls House MS.

[542] Ibid.

[543] FOXE, vol. v. pp. 29, 30.

[544] The circumstances are curious. Philips begged that he might have the benefit of the king's writ of corpus cum causâ, and be brought to the bar of the House of Commons, where the Bishop of London should be subpœnaed to meet him. [Petition of Thomas Philips: Rolls House MS.] The Commons did not venture on so strong a measure; but a digest of the petition was sent to the Upper House, that the bishop might have an opportunity of reply. The Lords refused to receive or consider the case: they replied that it was too "frivolous an affair" for so grave an assembly, and that they could not discuss it. [Lords' Journals, vol. i. p. 66.] A deputation of the Commons then waited privately upon the bishop, and being of course anxious to ascertain whether Philips had given a true version of what had passed, they begged him to give some written explanation of his conduct, which might be read in the Commons' House. [Lords' Journals, vol. i. p. 71.] The request was reasonable, and we cannot doubt that, if explanation had been possible, the bishop would not have failed to offer it; but he preferred to shield himself behind the judgment of the Lords. The Lords, he said, had decided that the matter was too frivolous for their own consideration; and without their permission, he might not set a precedent of responsibility to the Commons by answering their questions.

This conduct met with the unanimous approval of the Peers. [Lords' Journals, vol. i. p. 71. Omnes proceres tam spirituales quam temporales unâ, voce dicebant, quod non consentaneum fuit aliquem procerum prædictorum alicui in eo loco responsurum.] The demand for explanation was treated as a breach of privilege, and the bishop was allowed to remain silent. But the time was passed for conduct of this kind to be allowed to triumph. If the bishop could not or would not justify himself, his victim might at least be released from unjust imprisonment. The case was referred to the king: and by the king and the House of Commons Philips was set at liberty.

[545] Petition of John Field: Rolls House MS.

[546] Jan. 1529-30.

[547] Illegal. See 2 Hen. V. stat. 1.

[548] Seventh Sermon before King Edward. First Sermon before the Duchess of Suffolk.

[549] FOXE, vol. iv. p. 649.

[550] Articles against James Bainham: FOXE, vol. iv. p. 703.

[551] FOXE, vol. iv. p. 702.

[552] Ibid. vol. iv. p. 705.

[553] Ibid. vol. iv. p. 694.

[554] HALL, p. 806; and see FOXE, vol iv. p. 705.

[555] Instructions given by the Bishop of Salisbury: BURNET'S Collectanea, p. 493.

[556] From a Letter of Robert Gardiner: FOXE, vol. iv. p. 706.

[557] LATIMER'S Sermons, p. 101.

[558] Latimer speaks of sons and daughters.—Ibid. p. 101.

[559] Ibid.

[560] Where the Cornish rebels came to an end in 1497.—BACON'S History of Henry the Seventh.

[561] LATIMER'S Sermons, p. 197.

[562] On which occasion, old relations perhaps shook their heads, and made objection to the expense. Some such feeling is indicated in the following glimpse behind the veil of Latimer's private history:—

"I was once called to one of my kinsfolk," he says ("it was at that time when I had taken my degree at Cambridge); I was called, I say, to one of my kinsfolk which was very sick, and died immediately after my coming. Now, there was an old cousin of mine, which, after the man was dead, gave me a wax candle in my hand, and commanded me to make certain crosses over him that was dead; for she thought the devil should run away by and bye. Now, I took the candle, but I could not cross him as she would have me to do; for I had never seen it before. She, perceiving I could not do it, with great anger took the candle out of my hand, saying, 'It is pity that thy father spendeth so much money upon thee;' and so she took the candle, and crossed and blessed him; so that he was sure enough."—LATIMER'S Sermons, p. 499.

[563] "I was as obstinate a papist as any was in England, insomuch that, when I should be made Bachelor of Divinity, my whole oration went against Philip Melancthon and his opinions."—LATIMER'S Sermons, p. 334.

[564] Jewel of Joy, p. 224, et seq.: Parker Society's edition. LATIMER'S Sermons, p. 3.

[565] LATIMER'S Remains, pp. 27-31.

[566] Ibid. pp. 308-9.

[567] LATIMER to Sir Edward Baynton: Letters, p. 329.

[568] Letters, p. 323.

[569] He thought of going abroad. "I have trust that God will help me," he wrote to a friend; "if I had not, I think the ocean sea should have divided my Lord of London and me by this day."—Remains, p. 334.

[570] Latimer to Sir Edward Baynton.

[571] See Latimer's two letters to Sir Edward Baynton: Remains, pp. 322-351.

[572] "As ye say, the matter is weighty, and ought substantially to be looked upon, even as weighty as my life is worth; but how to look substantially upon it otherwise know not I, than to pray my Lord God, day and night, that, as he hath emboldened me to preach his truth, so he will strengthen me to suffer for it.

"I pray you pardon me that I write no more distinctly, for my head is [so] out of frame, that it would be too painful for me to write it again. If I be not prevented shortly, I intend to make merry with my parishioners, this Christmas, for all the sorrow, lest perchance I never return to them again; and I have heard say that a doe is as good in winter as a buck in summer."—Latimer to Sir Edward Baynton, p. 334.

[573] LATIMER'S Remains, p. 334.

[574] Ibid. p. 350.

[575] "I pray you, in God's name, what did you, so great fathers, so many, so long season, so oft assembled together? What went you about? What would ye have brought to pass? Two things taken away—the one that ye (which I heard) burned a dead man,—the other, that ye (which I felt) went about to burn one being alive. Take away these two noble acts, and there is nothing else left that ye went about that I know," etc., etc.—Sermon preached before the Convocation: LATIMER'S Sermons, p. 46.

[576] "My affair had some bounds assigned to it by him who sent for me up, but is now protracted by intricate and wily examinations, as if it would never find a period; while sometimes one person, sometimes another, ask me questions, without limit and without end."—Latimer to the Archbishop of Canterbury: Remains, p. 352.

[577] Remains, p. 222.

[578] Sermons, p. 294.

[579] The process lasted through January, February, and March.

[580] Sermons, p. 294.

[581] He subscribed all except two—one apparently on the power of the pope, the other I am unable to conjecture. Compare the Articles themselves—printed in LATIMER'S Remains, p. 466—with the Sermon before the Convocation.—Sermons, p. 46; and BURNET, vol. iii. p. 116.

[582] Nicholas Glossop to Cromwell: ELLIS, third series, vol. ii. p. 237.

[583] Where he was known among the English of the day as Master Frisky-all.

[584] See FOXE. vol. v. p. 392.

[585] Eustace Chappuys to Chancellor Granvelle: MS. Archiv. Brussels: Pilgrim, p. 106.

[586] See Cromwell's will in an appendix to this chapter. This document, lately found in the Rolls House, furnishes a clue at last to the connections of the Cromwell family.

[587] Are we to believe Foxe's story that Cromwell was with the Duke of Bourbon at the storming of Rome in May, 1527? See FOXE, vol. v. p. 365. He was with Wolsey in January, 1527. See ELLIS, third series, vol. ii. p. 117. And he was again with him early in 1528. Is it likely that he was in Italy on such an occasion in the interval? Foxe speaks of it as one of the random exploits of Cromwell's youth, which is obviously untrue; and the natural impression which we gather is, that he was confusing the expedition of the Duke of Bourbon with some earlier campaign. On the other hand Foxe's authority was Cranmer, who was likely to know the truth; and it is not impossible that, in the critical state of Italian politics, the English government might have desired to have some confidential agent in the Duke of Bourbon's camp. Cromwell, with his knowledge of Italy and Italian, and his adventurous ability, was a likely man to have been sent on such an employment; and the story gains additional probability from another legend about him, that he once saved the life of Sir John Russell, in some secret affair at Bologna. See FOXE, vol. v. p. 367. Now, although Sir John Russell had been in Italy several times before (he was at the Battle of Pavia, and had been employed in various diplomatic missions), and Cromwell might thus have rendered him the service in question on an earlier occasion, yet he certainly was in the Papal States, on a most secret and dangerous mission, in the months preceding the capture of Rome. State Papers, vol. vi. p. 560, etc. The probabilities may pass for what they are worth till further discovery.

[588] A damp, unfurnished house belonging to Wolsey, where he was ordered to remain till the government had determined upon their course towards him. See CAVENDISH.

[589] CAVENDISH, pp. 269-70.

[590] Ibid. p. 276.

[591] Chappuys says, that a quarrel with Sir John Wallop first introduced Cromwell to Henry. Cromwell, "not knowing how else to defend himself, contrived with presents and entreaties to obtain an audience of the king, whom he promised to make the richest sovereign that ever reigned in England."—Chappuys to Granvelle: The Pilgrim, p. 107.

[592] Or Willyams. The words are used indifferently.

[593] The clause enclosed between brackets is struck through.

[594] Struck through.

[595] Mary, widow of Louis of Hungary, sister of the emperor, and Regent of the Netherlands.

[596] She was much affected when the first intimation of the marriage reached her. "I am informed of a secret friend of mine," wrote Sir John Hacket, "that when the queen here had read the letters which she received of late out of England, the tears came to her eyes with very sad countenance. But indeed this day when I spake to her she showed me not such countenance, but told me that she was not well pleased.

"At her setting forward to ride at hunting, her Grace asked me if I had heard of late any tidings out of England. I told her Grace, as it is true, that I had none. She gave me a look as that she should marvel thereof, and said to me, 'Jay des nouvelles qui ne me semblent point trop bonnes,' and told me touching the King's Highness's marriage. To the which I answered her Grace and said, 'Madame, je ne me doute point syl est faict, et quand le veult prendre et entendre de bonne part et au sain chemyn, sans porter faveur parentelle que ung le trouvera tout lente et bien raysonnable par layde de Dieu et de bonne conscience.' Her Grace said to me again, 'Monsieur l'ambassadeur, c'est Dieu qui le scait que je vouldroye que le tout allysse bien, mais ne scaye comment l'empereur et le roy mon frere entendront l'affaire car il touche a eulx tant que a moy.' I answered and said, 'Madame, il me semble estre assuree que l'empereur et le roy vostre frere qui sont deux Prinssys tres prudens et sayges, quant ilz auront considere indifferentement tout l'affaire qu ilz ne le deveroyent prendre que de bonne part.' And hereunto her Grace made me answer, saying, 'Da quant de le prendre de bonne part ce la, ne sayge M. l'ambassadeur.'"—Hacket to the Duke of Norfolk: State Papers, vol. vii. p. 452.

[597] State Papers, vol. vii. p. 457.

[598] Sir Gregory Cassalis to the Duke of Norfolk. Ad pontificem accessi et mei sermonis illa summa fuit, vellet id præstare ut serenissimum regem nostrum certiorem facere possemus, in suâ causâ nihil innovatum iri. Hic ille, sicut solet, respondit, nescire se quo pacto possit Cæsarianis obsistere,—State Papers, vol. vii. p. 461.

[599] Bennet to Henry: State Papers, vol. vii. p. 462.

[600] Ibid.

[601] Letter undated, but written about the middle of June: State Papers, vol. vii. p. 474

[602] Of the Archbishop of York, not of Canterbury: which provokes a question. Conjectures are of little value in history, but inasmuch as there must have been some grave reason for the substitution, a suggestion of a possible reason may not be wholly out of place. The appeal in itself was strictly legal; and it was of the highest importance to avoid any illegality of form. Cranmer, by transgressing the inhibition which Clement had issued in the winter, might be construed by the papal party to have virtually incurred the censures threatened, and an escape might thus have been furnished from the difficulty in which the appeal placed them.

[603] Publico ecclesiæ judicio.

[604] RYMER, vol. vi. part 2, p. 188.

[605] The French king did write unto Cardinal Tournon (not, however, of his own will, but under pressure from the Duke of Norfolk), very instantly, that he should desire the pope, in the said French king's name, that his Holyness would not innovate anything against your Highness any wise till the congress: adding, withal, that if his Holyness, notwithstanding his said desire, would proceed, he could not less do, considering the great and indissoluble amity betwixt your Highnesses, notorious to all the world, but take and recognise such proceeding for a fresh injury.—Bennet to Henry VIII.: State Papers, vol. vii. p. 468.

[606] Ibid. p. 469.

[607] Ibid. p. 469.

[608] Ibid. p. 470.

[609] Ibid. p. 467, note, and p. 470.

[610] BURNET, vol. i. p. 221.

[611] We only desire and pray you to endeavour yourselves in the execution of that your charge—easting utterly away and banishing from you such fear and timorousness, or rather despair, as by your said letters we perceive ye have conceived—reducing to your memories in the lieu and stead thereof, as a thing continually lying before your eyes and incessantly sounded in your ears, the justice of our cause, which cannot at length be shadowed, but shall shine and shew itself to the confusion of our adversaries. And we having, as is said, truth for us, with the help and assistance of God, author of the same, shall at all times be able to maintain you.—Henry VIII. to Bonner: State Papers, vol. vii. p. 485.

[612] Bonner to Cromwell: Ibid. vol. vii. p. 481.

[613] The proclamation ordering that Catherine should be called not queen, but Princess Dowager.

[614] Catherine de Medici.

[615] Henry VIII. to the Duke of Norfolk: State Papers, vol. vii. p. 493.

[616] Sir John Racket, writing from Ghent on the 6th of September, describes as the general impression that the Pope's "trust was to assure his alliance on both sides." "He trusts to bring about that his Majesty the French king and he shall become and remain in good, fast, and sure alliance together; and so ensuring that they three (the Pope, Francis, and Charles V.) shall be able to reform and set good order in the rest of Christendom. But whether his Unhappiness's—I mean his Holiness's—intention, is set for the welfare and utility of Christendom, or for his own insincerity and singular purpose, I remit that to God and to them that know more of the world than I do."—Hacket to Cromwell: State Papers, vol. vii. p. 506.

[617] John the Magnanimous, son of John the Steadfast, and nephew of the Elector Frederick, Luther's first protector.

[618] State Papers, vol. vii. pp. 499-501.

[619] Princeps Elector ducit se imparem ut Regiæ Celsitudinis vel aliorum regum oratores eâ lege in aulâ suâ degerent; vereturque ne ob id apud Cæsaream majestatem unicum ejus Dominum et alios male audiret, possetque sinistre tale institutum interpretari.—Reply of the Elector: State Papers, vol. vii. p. 503.

[620] Vaughan to Cromwell: State Papers, vol vii. p. 509.

[621] I consider the man, with other two—that is to say, the Landgrave von Hesse and the Duke of Lunenberg—to be the chief and principal defenders and maintainers of the Lutheran sect: who considering the same with no small difficulty to be defended, as well against the emperor and the bishops of Germany, his nigh and shrewd neighbours, as against the most opinion of all Christian men, feareth to raise any other new matter whereby they should take a larger and peradventure a better occasion to revenge the same. The King's Highness seeketh to have intelligence with them, as they conjecture to have them confederate with him; yea, and that against the emperor, if he would anything pretend against the king.—Here is the thing which I think feareth the duke.—Vaughan to Cromwell: State Papers, vol. vii. pp. 509-10.

[622] HALL, p. 805.

[623] State Papers, vol. vii. p. 512.

[624] The Duke of Albany, during the minority of James V., had headed the party in Scotland most opposed to the English. He expelled the queen-mother, Margaret, sister of Henry; he seized the persons of the two young princes, whom he shut up in Stirling, where the younger brother died under suspicion of foul play (Despatches of GIUSTINIANI, vol. i. p. 157); and subsequently, in his genius for intrigue, he gained over the queen dowager herself in a manner which touched her honour.—Lord Thomas Dacre to Queen Margaret: ELLIS, second series, vol. i. p. 279.

[625] Ex his tamen, qui hæc a Pontifice, audierunt, intelligo regem vehementissime instare, ut vestræ majestatis expectatione satisfiat Pontifex.—Peter Vannes to Henry VIII.: State Papers, vol. vii. p. 518.

[626] State Papers, vol. vii. p. 520.

[627] Hoc dico quod video inter regem et pontificem conjunctissime et amicissime hic agi.—Vannes to Cromwell: Ibid.

[628] Vannes to Cromwell: Ibid. pp. 522-3.

[629] BURNET, Collectanea, p. 436.

[630] Letter of the King of France: LEGRAND, vol. iii. Reply of Henry: FOXE, vol. v. p. 110.

[631] Commission of the Bishop of Paris: LEGRAND, vol. iii; BURNET, vol. iii. p. 128; FOXE, vol. v. p. 106-111. The commission of the Bishop of Bayonne is not explicit on the extent to which the pope had bound himself with respect to the sentence. Yet either in some other despatch, or verbally through the Bishop, Francis certainly informed Henry that the Pope had promised that sentence should be given in his favour. We shall find Henry assuming this in his reply; and the Archbishop of York declared to Catherine that the pope "said at Marseilles, that if his Grace would send a proxy thither he would give sentence for his Highness against her, because that he knew his cause to be good and just."—State Papers, vol. i. p. 421.

[632] MS. Bibl. Impér. Paris.—The Pilgrim, pp. 97, 98. Cf. FOXE, vol. v. p. 110.

[633] I hear of a number of Gelders which be lately reared; and the opinion of the people here is that they shall go into England. All men there speak evil of England, and threaten it in their foolish manner.—Vaughan to Cromwell: State Papers, vol. vii. p. 511.

[634] RYMER, vol. vi. part 2, p. 189.

[635] Parties were so divided in England that lookers-on who reported any one sentiment as general there, reported in fact by their own wishes and sympathies. D'Inteville, the French ambassador, a strong Catholic, declares the feeling to have been against the revolt. Chastillon, on the other hand, writing at the same time from the same place (for he had returned from France, and was present with d'Inteville at the last interview), says, "The King has made up his mind to a complete separation from Rome; and the lords and the majority of the people go along with him."—Chastillon to the Bishop of Paris: The Pilgrim, p. 99.

[636] STRYPE, Eccles. Memor., vol. i. p. 224.

[637] Instructions to the Earls of Oxford, Essex, and Sussex, to remonstrate with the Lady Mary: Rolls House MS.

[638] Ibid.

[639] On the 15th of November, Queen Catherine wrote to the Emperor, and after congratulating him on his successes against the Turks, she continued,

"And as our Lord in his mercy has worked so great a good for Christendom by your Highness's hands, so has he enlightened also his Holiness; and I and all this realm have now a sure hope that, with the grace of God, his Holiness will slay this second Turk, this affair between the King my Lord and me. Second Turk, I call it, from the misfortunes which, through his Holiness's long delay, have grown out of it, and are now so vast and of so ill example that I know not whether this or the Turk be the worst. Sorry am I to have been compelled to importune your Majesty so often in this matter, for sure I am you do not need my pressing. But I see delay to be so calamitous, my own life is so unquiet and so painful, and the opportunity to make an end now so convenient, that it seems as if God of his goodness had brought his Holiness and your Majesty together to bring about so great a good. I am forced to be importunate, and I implore your Highness for the passion of our Lord Jesus Christ, that in return for the signal benefits which God each day is heaping on you, you will accomplish for me this great blessing, and bring his Holiness to a decision. Let him remember what he promised you at Bologna. The truth here is known, and he will thus destroy the hopes of those who persuade the King my Lord that he will never pass judgment."—Queen Catherine to Charles V.: MS. Simancas, November 15, 1533.

[640] Letter to the King, giving an account of certain Friars Observants who had been about the Princess Dowager: Rolls House MS.

[641] We remember the northern prophecy, "In England shall be slain the decorate Rose in his mother's belly," which the monks of Furness interpreted as meaning that "the King's Grace should die by the hands of priests."—Vol. i. cap. 4.

[642] Statutes of the Realm, 25 Henry VIII. cap. 12. State Papers relating to Elizabeth Barton: Rolls House MS. Prior of Christ Church, Canterbury, to Cromwell: Suppression of the Monasteries, p. 20.

[643] Thus Cromwell writes to Fisher: "My Lord, [the outward evidences that she was speaking truth] moved you not to give credence to her, but only the very matter whereupon she made her false prophecies, to which matter ye were so affected—as ye be noted to be on all matters which ye once enter into—that nothing could come amiss that made for that purpose."—Suppression of the Monasteries, p. 30.

[644] Papers relating to the Nun of Kent: Rolls House MS.

[645] Ibid.

[646] Ibid.

[647] 25 Hen. VIII. cap. 12.

[648] Papers relating to the Nun of Kent: Rolls House MS. 25 Hen. VIII. cap. 12. The "many" nobles are not more particularly designated in the official papers. It was not desirable to mention names when the offence was to be passed over.

[649] Report of the Commissioners—Papers relating to the Nun of Kent: Rolls House MS.

[650] Goold, says the Act of the Nun's attainder, travelled to Bugden, "to animate the said Lady Princess to make commotion in the realm against our sovereign lord; surmitting that the said Nun should hear by revelation of God that the said Lady Catherine should prosper and do well, and that her issue, the Lady Mary, should prosper and reign in the realm."—25 Henry VIII. cap. 13.

[651] Report of the Proceedings of the Nun of Kent: Rolls House MS.

[652] MS. Bibliot. Impér., Paris. The letter is undated. It was apparently written in the autumn of 1533.

[653] Il a des nouvelles amours. In a paper at Simancas, containing Nuevas de Inglaterra, written about this time, is a similar account of the dislike of Anne and her family, as well as of the king's altered feelings towards her. Dicano anchora che la Anna è mal voluta degli Si. di Inghilterra si per la sua superbia, si anche per l'insolentia e mali portamenti che fanno nel regno li fratelli e parenti di Anna; e che per questo il Re non la porta la affezione que soleva per che il Re festeggia una altra Donna della quale se mostra esser inamorato, e molti Si. di Inghilterra lo ajutano nel seguir el predito amor per deviar questo Re dalla pratica di Anna.

[654] HALL.

[655] "I, dame Elizabeth Barton," she said, "do confess that I, most miserable and wretched person, have been the original of all this mischief, and by my falsehood I have deceived all these persons (the monks who were her accomplices), and many more; whereby I have most grievously offended Almighty God, and my most noble sovereign the King's Grace. Wherefore I humbly, and with heart most sorrowful, desire you to pray to Almighty God for my miserable sins, and make supplication for me to my sovereign for his gracious mercy and pardon."—Confession of Elizabeth Barton: Rolls House MS.

[656] Papers relating to Elizabeth Barton: Ibid.

[657] State Papers, vol. i. p. 415.

[658] A curious trait in Mary's character may be mentioned in connection with this transfer. She had a voracious appetite; and in Elizabeth's household expenses an extra charge was made necessary of £26 a year for the meat breakfasts and meat suppers "served into the Lady Mary's chamber."—Statement of the expenses of the Household of the Princess Elizabeth: Rolls House MS.

[659] He is called frater consobrinus. See FULLER'S Worthies, vol. iii. p. 128.

[660] He was killed at the battle of Pavia.

[661] Courtenay, Earl of Devonshire, married Catherine, daughter of Edward.

[662] Believe me, my lord, there are some here, and those of the greatest in the land, who will be indignant if the Pope confirm the sentence against the late Queen.—D'Inteville to Montmorency: The Pilgrim, p. 97.

[663] She once rode to Canterbury, disguised as a servant, with only a young girl for a companion.—Depositions of Sir Geoffrey Pole: Rolls House MS.

[664] Confession of Sir William Neville: Rolls House MS.

[665] Confession of Sir George Neville: Ibid.

[666] Confession of the Oxford Wizard: Ibid.

[667] Queen Anne Boleyn to Gardiner: BURNET'S Collectanea, p. 355. Office for the Consecration of Cramp Rings: Ibid.

[668] So at least the Oxford Wizard said that Sir William Neville had told him.—Confession of the Wizard: Rolls House MS. But the authority is not good.

[669] Henry alone never listened seriously to the Nun of Kent.

[670] John of Transylvania, the rival of Ferdinand. His designation by the title of king in an English state paper was a menace that, if driven to extremities, Henry would support him against the empire.

[671] Acts of Council: State Papers, vol. i. pp. 414-15.

[672] Henry VIII. to Sir John Wallop: State Papers, vol. vii. p. 524.

[673] Stephen Vaughan to Cromwell: State Papers, vol. vii. p. 517. Vaughan describes Peto with Shakespearian raciness. "Peto is an ipocrite knave, as the most part of his brethren be; a wolf; a tiger clad in a sheep's skin. It is a perilous knave—a raiser of sedition—an evil reporter of the King's Highness—a prophecyer of mischief—a fellow I would wish to be in the king's hands, and to be shamefully punished. Would God I could get him by any policy—I will work what I can. Be sure he shall do nothing, nor pretend to do nothing, in these parts, that I will not find means to cause the King's Highness to know. I have laid a bait for him. He is not able to wear the clokys and cucullys that be sent him out of England, they be so many."

[674] Hacket to Henry VIII.: State Papers, vol. vii. p. 528.

[675] Ibid. p. 530.

[676] Hacket to Cromwell: State Papers, vol. vii. p. 531.

[677] So at least Henry supposed, if we may judge by the resolutions of the Council "for the fortification of all the frontiers of the realm, as well upon the coasts of the sea as the frontiers foreanenst Scotland." The fortresses and havens were to be "fortefyed and munited;" and money to be sent to York to be in readiness "if any business should happen."—Ibid. vol. i. p. 411.

[678] 25 Hen. VIII. cap. 19.

[679] A design which unfortunately was not put in effect. In the hurry of the time it was allowed to drop.

[680] 25 Henry VIII. cap. 14.

[681] 23 Henry VIII. cap. 20.

[682] At this very time Campeggio was Bishop of Salisbury, and Ghinucci, who had been acting for Henry at Rome, was Bishop of Worcester. The Act by which they were deprived speaks of these two appointments as nominations by the king.—25 Henry VIII. cap. 27.

[683] Wolsey held three bishoprics and one archbishopric, besides the abbey of St. Albans.

[684] Thus when Wolsey was presented, in 1514, to the See of Lincoln, Leo X. writes to his beloved son Thomas Wolsey how that in his great care for the interests of the Church, "Nos hodie Ecclesiæ Lincolniensi, te in episcopum et pastorem præficere intendimus." He then informs the Chapter of Lincoln of the appointment; and the king, in granting the temporalities, continues the fiction without seeming to recognise it:—"Cum dominus summus Pontifex nuper vacante Ecclesiâ cathedrali personam fidelis clerici nostri Thomæ Wolsey, in ipsius Ecclesiæ episcopum præfecerit, nos," etc.—See the Acts in RYMER, vol. vi. part 1, pp. 55-7.

[685] 25 Henry VIII. cap. 20. The pre-existing, unrealities with respect to the election of bishops explain the unreality of the new arrangement, and divest it of the character of wanton tyranny with which it appeared primâ facie to press upon the Chapters. The history of this statute is curious, and perhaps explains the intentions with which it was originally passed. It was repealed by the 2nd of the 1st of Edward VI. on the ground that the liberty of election was merely nominal, and that the Chapters ought to be relieved of responsibility when they had no power of choice. Direct nomination by the crown was substituted for the congé d'élire, and remained the practice till the reaction under Mary, when the indefinite system was resumed which had existed before the Reformation. On the accession of Elizabeth, the statute of 25 Henry VIII. was again enacted. The more complicated process of Henry was preferred to the more simple one of Edward, and we are naturally led to ask the reason of so singular a preference. I cannot but think that it was this. The Council of Regency under Edward VI. treated the Church as an institution of the State, while Henry and Elizabeth endeavoured (under difficulties) to regard it under its more Catholic aspect of an organic body. So long as the Reformation was in progress, it was necessary to prevent the intrusion upon the bench of bishops of Romanising tendencies, and the deans and chapters were therefore protected by a strong hand from their own possible mistakes. But the form of liberty was conceded to them, not, I hope, to place deliberately a body of clergymen in a degrading position, but in the belief that at no distant time the Church might be allowed without danger to resume some degree of self-government.

[686] 25 Henry VIII. cap. 21.

[687] I sent you no heavy words, but words of great comfort; willing your brother to shew you how benign and merciful the prince was; and that I thought it expedient for you to write unto his Highness, and to recognise your offence and to desire his pardon, which his Grace would not deny you how in your age and sickness.—Cromwell to Fisher: Suppression of the Monasteries, p. 27.

[688] Sir Thomas More to Cromwell: BURNET'S Collectanea, p. 350.

[689] Ibid.

[690] Ibid.

[691] More to Cromwell: STRYPE'S Memorials, vol. i. Appendix, p. 195.

[692] More to the King: ELLIS, first series, vol. ii. p. 47.

[693] Cromwell to Fisher: Suppression of the Monasteries, p. 27, et seq.

[694] Suppression of the Monasteries, p. 27, et seq.

[695] John Fisher to the Lords in Parliament: ELLIS, third series, vol. ii. p. 289.

[696] Lords' Journals, p. 72.

[697] 25 Hen. VIII. cap. 12.

[698] In a tract written by a Dr. Moryson in defence of the government, three years later, I find evidence that a distinction was made among the prisoners, and that Dr. Bocking was executed with peculiar cruelty. "Solus in crucem actus est Bockingus," are Moryson's words, though I feel uncertain of the nature of the punishment which he meant to designate. "Crucifixion" was unknown to the English law; and an event so peculiar as the "crucifixion" of a monk would hardly have escaped the notice of the contemporary chroniclers. In a careful diary kept by a London merchant during these years, which is in MS. in the Library of Balliol College, Oxford, the whole party are said to have been hanged.—See, however, Morysini Apomaxis, printed by Berthelet, 1537.

[699] HALL, p. 814.] The inferior confederates were committed to their prisons with the exception only of Fisher, who, though sentenced, found mercy thrust upon him, till by fresh provocation the miserable old man forced himself upon his fate.[⁷⁰⁰]

[700] LORD HERBERT says he was pardoned; I do not find, however, on what authority: but he was certainly not imprisoned, nor was the sentence of forfeiture enforced against him.

[701] This is the substance of the provisions, which are, of course, much abridged.

[702] Lords' Journals, vol. i. p. 82. An act was also passed in this session "against the usurped power of the Bishop of Rome." We trace it in its progress through the House of Lords. (Lords' Journals, Parliament of 1533-4.) It received the royal assent (ibid.), and is subsequently alluded to in the both of the 28th of Henry VIII., as well as in a Royal Proclamation dated June, 1534; and yet it is not on the Roll, nor do I anywhere find traces of it. It is not to be confounded with the act against payment of Peter's Pence, for in the Lords' Journals the two acts are separately mentioned. It received the royal assent on the 30th of March, while that against Peter's Pence was suspended till the 7th of April. It contained, also, an indirect assertion that the king was Head of the English Church, according to the title which had been given him by Convocation. (King's Proclamation: FOXE, vol. v. p. 69.) For some cause or other, the act at the last moment must have been withdrawn.

[703] See BURNET, vol. i. pp. 220-1: vol. iii p. 135; and LORD HERBERT. Du Bellay's brother, the author of the memoirs, says that the king, at the bishop's entreaty, promised that if the pope would delay sentence, and send "judges to hear the matter, he would himself forbear to do what he proposed to do"—that is, separate wholly from the See of Rome. If this is true, the sending "judges" must allude to the "sending them to Cambray," which had been proposed at Marseilles.

[704] See the letter of the Bishop of Bayonne, dated March 23, in LEGRAND. A paraphrase is given by BURNET, vol. iii. p. 132.

[705] Promisistis predecessori meo quod si sententiam contra regem Angliæ tulisset, Cæsar illum infra quatuor menses erat invasurus, et regno expulsurus.—State Papers, vol. vii. p. 579.

[706] Letter of Du Bellay in LEGRAND.

[707] Ibid.

[708] Sir Edward Karne and Dr. Revett to Henry VIII.: State Papers, vol. vii. pp. 553-4.

[709] State Papers, vol. vii. p. 560, et seq.

[710] His Highness, considering the time and the malice of the emperour, cannot conveniently pass out of the realm—since he leaveth behind him another daughter and a mother, with their friends, maligning his enterprises in this behalf—who bearing no small grudge against his most entirely beloved Queen Anne, and his young daughter the princess, might perchance in his absence take occasion to excogitate and practise with their said friends matters of no small peril to his royal person, realm, and subjects.—State Papers, vol. vii. p. 559.

[711] LORD HERBERT.

[712] I mentioned their execution in connection with their sentence; but it did not take place till the 20th of April, a month after their attainder: and delay of this kind was very unusual in cases of high treason. I have little doubt that their final sentence was in fact pronounced by the pope.

[713] The oaths of a great many are in RYMER, vol. vi. part 2, p. 195, et seq.

[714] His great-grandson's history of him (Life of Sir Thomas More,, by CRESACRE MORE, written about 1620, published 1627, with a dedication to Henrietta Maria) is incorrect in so many instances that I follow it with hesitation; but the account of the present matter is derived from Mr. Roper, More's son-in-law, who accompanied him to Lambeth, and it is incidentally confirmed in various details by More himself.

[715] MORE'S Life of More, p. 232.

[716] More held extreme republican opinions on the tenure of kings, holding that they might be deposed by act of parliament.

[717] MORE'S Life of More, p. 237.

[718] BURNET, vol. i. p. 255.

[719] MORE'S Life of More, p. 237.

[720] Cromwell to the Archbishop of Canterbury: Rolls House MS.

[721] State Papers, vol. i. p. 411, et seq.

[722] Royal Proclamation, June, 1534.

[723] Ibid.

[724] FOXE, vol. v. p. 70.

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