After that my lord had supped that night, and all men gone to bed, (being All-hallown day), it chanced so, about midnight, that one of the porters came unto my chamber door, and there knocked, and waking me, I perceived who it was; [and] asked him, “what he would have that time of the night?” “Sir,” quoth the porter, “there is a great number of horsemen at the gate, that would come in, saying to me, that it is Sir John Russell, and so it appears to me by his voice; what is your pleasure that I should do?” “Marry,” quoth I, “go down again, and make a great fire in your lodge, against I come to dry them;” for it rained all that night the sorest that it did all that year before. Then I rose and put on my nightgown, and came to the gates, and asked who was there. With that Master Russell spake, whom I knew by his voice, and then I caused the porter to open the gates and let them all in, who were wet to the skin; desiring Master Russell to go into the lodge to the fire; and he showed me that he was come from the king unto my lord in message, with whom he required me to speak. “Sir,” quoth I, “I trust your news be good?” “Yea, I promise you on my fidelity,” quoth he, “and so, I pray you, show him, I have brought him such news that will please him right well.” “Then I will go,” quoth I, “and wake him, and cause him to rise.” I went incontinent to my lord’s chamber door, and waked my lord, who asked me, “what I would have?” “Sir,” said I, “to show you that Sir John Russell is come from the king, who is desirous to speak with you;” and then he called up one of his grooms to let me in; and being within I told him “what a journey Sir John Russell had that night.” “I pray God,” quoth he, “all be for the best.” “Yes, sir,” quoth I, “he showed me, and so bade me tell you, that he had brought you such news as ye would greatly rejoice thereat.” “Well, then,” quoth he, “God be praised, and welcome be his grace! Go ye and fetch him unto me, and by that time I will be ready to talk with him.”
Then I returned from him to the lodge, and brought Master Russell from thence to my lord, who had cast on his nightgown. And when Master Russell was come into his presence, he most humbly reverenced him, upon his knee, [to] whom my lord bowed down, and took him up, and bade him welcome. “Sir,” quoth he, “the king commendeth him unto you;” and delivered him a great ring of gold with a Turkis, for a token; “and willeth you to be of good cheer; who loveth you as well as ever he did, and is not a little disquieted for your troubles, whose mind is full of your remembrance. In so much as his grace, before he sat to supper, called me unto him, and commanded me to take this journey secretly to visit you, to your comfort the best of my power. And Sir, if it please your grace, I have had this night the sorest journey, for so little a way, that ever I had to my remembrance.”
My lord thanked him for his pains and good news, and demanded of him if he had supped; and he said “Nay.” “Well, then,” quoth my lord to me, “cause the cooks to provide some meat for him; and cause a chamber with a good fire to be made ready for him, that he may take his rest awhile upon a bed.” All which commandment I fulfilled; and in the meantime my lord and Master Russell were in very secret communication; and in fine, Master Russell went to his chamber, taking his leave of my lord for all night, and said, “he would not tarry but a while, for he would, God willing, be at the court at Greenwich again before day, for he would not for any thing that it were known, his being with my lord that night.” And so being in his chamber, having a small repast, rested him a while upon a bed, whilst his servants supped and dried themselves by the fire; and then incontinent he rode away with speed to the court. And shortly after his being there, my lord was restored again unto plenty of household stuff, vessels, and plate, and of all things necessary some part, so that he was indifferently furnished much better than he was of late, and yet not so abundantly as the king’s pleasure was, the default whereof was in the officers, and in such as had the oversight of the delivery thereof; and yet my lord rejoiced in that little in comparison to that he had before.
Now let us return again to Master Cromwell, to see how he hath sped, since his departure last from my lord. The case stood so, that there should begin, shortly after All-hallown tide, the Parliament, and [he], being within London, devised with himself to be one of the Burgesses of the Parliament, and chanced to meet with one Sir Thomas Rush, knight, a special friend of his, whose son was appointed to be one of the Burgesses of that Parliament, of whom he obtained his room, and by that means put his foot into the Parliament House: then within two or three days after his entry into the Parliament, he came unto my lord, to Asher, with a much pleasanter countenance than he had at his departure, and meeting with me before he came to my lord, said unto me, “that he had once adventured to put in his foot, where he trusted shortly to be better regarded, or all were done.” And when he was come to my lord, they talked together in secret manner; and that done, he rode out of hand again that night to London, because he would not be absent from the Parliament the next morning. There could nothing be spoken against my lord in the Parliament House but he would answer it incontinent, or else take until the next day, against which time he would resort to my lord to know what answer he should make in his behalf; in so much that there was no matter alleged against my lord but that he was ever ready furnished with a sufficient answer; so that at length, for his honest behaviour in his master’s cause, he grew into such estimation in every man’s opinion, that he was esteemed to be the most faithfullest servant to his master of all other, wherein he was of all men greatly commended.
Then was there brought in a Bill of Articles into the Parliament House to have my lord condemned of treason; against which bill Master Cromwell inveighed so discreetly, with such witty persuasions and deep reasons, that the same bill could take there no effect[163]. Then were his enemies compelled to indite him in a premunire, and all was done only to the intent to entitle the king to all his goods and possessions, the which he had gathered together, and purchased for his colleges in Oxford and Ipswich, and for the maintenance of the same, which was then abuilding in most sumptuous wise. Wherein when he was demanded by the judges, which were sent [to] him purposely to examine him what answer he would make to the same, he said: "The king’s highness knoweth right well whether I have offended his majesty and his laws or no, in using of my prerogative legatine, for the which ye have me indited. Notwithstanding I have the king’s license in my coffers, under his hand and broad seal, for exercising and using the authority thereof, in the largest wise, within his highness’ dominions, the which remaineth now in the hands of my enemies. Therefore, because I will not stand in question or trial with the king in his own cause, I am content here of mine own frank will and mind, in your presence, to confess the offence in the inditement, and put me wholly in the mercy and grace of the king, having no doubt in his godly disposition and charitable conscience, whom I know hath an high discretion to consider the truth, and my humble submission and obedience. And although I might justly stand on the trial with him therein; yet I am content to submit myself to his clemency, and thus much ye may say to him in my behalf, that I am entirely in his obedience, and do intend, God willing, to obey and fulfil all his princely pleasure in every thing that he will command me to do; whose will and pleasure I never yet disobeyed or repugned, but was always contented and glad to accomplish his desire and commandment before God, whom I ought most rathest to [have] obeyed; the which negligence now greatly repenteth me. Notwithstanding, I most heartily require you, to have me most humbly to his royal majesty commended, for whom I do and will pray for the preservation of his royal person, long to reign in honour, prosperity, and quietness, and to have the victory over his mortal and cankered enemies." And they took their leave of him and departed.
Shortly after the king sent the Duke of Norfolk unto him in message; but what it was I am not certain. But my Lord being advertised that the duke was coming even at hand, he caused all his gentlemen to wait upon him down through the Hall into the Base Court, to receive the duke at the entry of the gates; and commanded all his yeomen to stand still in the Hall in order. And he and his gentlemen went to the gates, where he encountered with my Lord of Norfolk, whom he received bareheaded; who embraced each other: and so led him by the arm through the Hall into his chamber. And as the duke passed through the Hall, at the upper end thereof he turned again his visage down the Hall, regarding the number of the tall yeomen that stood in order there, and said: “Sirs,” quoth he, "your diligent and faithful service unto my lord here your master, in this time of his calamity, hath purchased for yourselves of all noble men much honesty; in so much as the king commanded me to say to you in his grace’s name, that, for your true and loving service that ye have done to your master, his highness will see you all furnished at all times with services according to your demerits.” With that my Lord Cardinal put off his cap, and said to my Lord of Norfolk; “Sir,” quoth he, “these men be all approved men: wherefore it were pity they should want other service or living; and being sorry that I am not able to do for them as my heart doth wish, do therefore require you, my good lord, to be good lord unto them, and extend your good word for them, when ye shall see opportunity at any time hereafter; and that ye will prefer their diligent and faithful service to the king.” “Doubt ye not thereof,” quoth my Lord of Norfolk, “but I will do for them the best of my power: and when I shall see cause, I will be an earnest suitor for them to the king; and some of you I will retain myself in service for your honesty’s sake. And as ye have begun, so continue and remain here still with my lord until ye hear more of the king’s pleasure:—God’s blessing and mine be with you!” And so went up into the great chamber to dinner, whom my Lord Cardinal thanked, and said unto him, “Yet, my lord, of all other noble men, I have most cause to thank you for your noble heart and gentle nature, which ye have showed me behind my back, as my servant, Thomas Cromwell, hath made report unto me. But even as ye are a noble man in deed, so have ye showed yourself no less to all men in calamity, and in especial to me, and even as ye have abated my glory and high estate, and brought it full low, so have ye extended your honourable favour most charitably unto me, being prostrate before you. Forsooth, Sir, ye do right well deserve to bear in your arms the noble and gentle lion, whose natural inclination is, that when he hath vanquished any beast, and seeth him yielded, lying prostrate before him at his feet, then will he show most clemency unto his vanquished, and do him no more harm, ne suffer any other devouring beast to damage him: whose nature and quality ye do ensue; therefore these verses may be applied to your lordship:
Parcere prostratis scit nobilis ira leonis:
Ta quoque fac simile, quisquis regnabis in orbem.”
With that the water was brought them to wash before dinner, to the which my lord called my Lord of Norfolk to wash with him: but he refused of courtesy, and desired to have him excused, and said “that it became him not to presume to wash with him any more now, than it did before[164] in his glory.” “Yes, forsooth,” quoth my Lord Cardinal, “for my authority and dignity legatine is gone, wherein consisted all my high honour.” “A straw,” quoth my Lord of Norfolk, “for your legacy. I never esteemed your honour the more or higher for that. But I regarded your honour, for that ye were Archbishop of York, and a cardinal, whose estate of honour surmounteth any duke now being within this realm; and so will I honour you, and acknowledge the same, and bear you reverence accordingly. Therefore, I beseech you, content yourself, for I will not presume to wash with you; and therefore I pray you, hold me excused.” Then was my Lord Cardinal constrained to wash alone; and my Lord of Norfolk all alone also. When he had done, my Lord Cardinal would fain have had him to sit down on the chair, in the inner side of the table, but surely he refused the same also with much humbleness. Then was there set another chair for my Lord of Norfolk, over against my Lord Cardinal, on the outside of the table, the which was by my Lord of Norfolk based something beneath my lord, and during the dinner all their communication was of the diligent service of the gentlemen which remained with my lord there attending upon him at dinner, and how much the king and all other noble men doth esteem them with worthy commendations for so doing; and at this time how little they be esteemed in the court that are come to the king’s service, and [have] forsaken their master in his necessity; whereof some he blamed by name. And with this communication, the dinner being ended, they rose from the table, and went together into my lord’s bedchamber, where they continued in consultation a certain season. And being there, it chanced Master Shelley, the judge, to come thither, sent from the king; whereof relation was made to my lord, which caused the duke and him to break up their communication; and the duke desired to go into some chamber to repose him for a season. And as he was coming out of my lord’s chamber, he met with Master Shelley, to whom Master Shelley made relation of the cause of his coming, and desired the duke to tarry and to assist him in doing of his message; whom he denied and said, “I have nothing to do with your message, wherein I will not meddle;” and so departed into a chamber, where he took his rest for an hour or two. And in the mean time my lord issued out of his chamber, and came to Master Shelley to know his message. Who declared unto him, after due salutation, that the king’s pleasure was to have his house at Westminster, (then called York Place, belonging to the Bishoprick of York,) intending to make of that house a palace royal; and to possess the same according to the laws of this his grace’s realm. His highness hath therefore sent for all the judges, and for all his learned counsel, to know their opinions in the assurance thereof; in whose determinations it was fully resolved, that your grace should recognise, before a judge, the right thereof to be in the king and his successors; and so his highness shall be assured thereof. Wherefore it hath pleased his majesty to appoint me by his commandment to come hither, to take of you this recognisance, who hath in you such affiance, that ye will not refuse so to do accordingly. Therefore I shall desire your grace to know your good will therein."—“Master Shelley,” quoth my lord, "I know that the king of his own nature is of a royal stomach, and yet not willing more than justice shall lead him unto by the law. And therefore, I counsel you, and all other fathers of the law and learned men of his counsel, to put no more into his head than the law may stand with good conscience; for when ye tell him, this is the law, it were well done ye should tell him also that, although this be the law, yet this is conscience; for law without conscience is not good to be given unto a king in counsel to use for a lawful right, but always to have a respect to conscience, before the rigour of the common law, for laus est facere quod decet, non quod licet. The king ought of his royal dignity and prerogative to mitigate the rigour of the law, where conscience hath the most force; therefore, in his royal place of equal justice, he hath constitute a chancellor, an officer to execute justice with clemency, where conscience is opposed by the rigour of the law. And therefore the Court of Chancery hath been heretofore commonly called the Court of Conscience; because it hath jurisdiction to command the high ministers of the common law to spare execution and judgment, where conscience hath most effect. Therefore I say to you in this case, although you, and other of your profession, perceive by your learning that the king may, by an order of your laws, lawfully do that thing which ye demand of me; how say you, Master Shelley, may I do it with justice and conscience, to give that thing away from me and my successors which is none of mine? If this be law, with conscience, show me your opinion, I pray you." “Forsooth, my lord,” quoth he, “there is some conscience in this case; but having regard to the king’s high power, and to be employed to a better use and purpose, it may the better be suffered with conscience; who is sufficient to make recompense to the church of York with double the value.” “That I know well,” quoth my lord, “but here is no such condition neither promised nor agreed, but only a bare and simple departure with another’s right for ever. And if every bishop may do the like, then might every prelate give away the patrimony of their churches which is none of theirs; and so in process of time leave nothing for their successors to maintain their dignities, which, all things considered, should be but small to the king’s honour. Sir, I do not intend to stand in terms with you in this matter, but let me see your commission.” To whom Master Shelley showed the same, and that seen, and perceived by him, said again thus: “Master Shelley,” quoth he, "ye shall make report to the king’s highness, that I am his obedient subject, and faithful chaplain and beadman, whose royal commandment and request I will in no wise disobey, but most gladly fulfil and accomplish his princely will and pleasure in all things, and in especial in this matter, in as much as ye, the fathers of the laws, say that I may lawfully do it. Therefore I charge your conscience and discharge mine. Howbeit, I pray you, show his majesty from me, that I most humbly desire his highness to call to his most gracious remembrance, that there is both heaven and hell." And therewith the clerk was called, who wrote my lord’s recognisance[165], and after some secret talk Master Shelley departed. Then rose my Lord of Norfolk from his repose, and after some communication with my lord he departed.
Thus continued my lord at Asher, who received daily messages from the court, whereof some were not so good as some were bad, but yet much more evil than good. For his enemies, perceiving the great affection that the king bare always towards him, devised a mean to disquiet and disturb his patience; thinking thereby to give him an occasion to fret and chafe, that death should rather ensue than increase of health or life, the which they most desired. They feared him more after his fall than they did before in his prosperity, doubting much his re-adoption into authority, by reason that the king’s favour remained still towards him in such force, whereby they might rather be in danger of their estates, than in any assurance, for their cruelty ministered, by their malicious inventions, surmised and brought to pass against him.