[406] More warned Fisher of this. He "did send Mr. Fisher word by a letter that Mr. Solicitor had showed him, that it was all one not to answer, and to say against the statute what a man would, as all the learned men in England would justify."—State Papers, Vol. I. p. 434.
[407] The act was repealed in 1547, I Edw. VI. cap. 12. The explanation which is there given of the causes which led to the enactment of it is temperate and reasonable. Subjects, says that statute, should obey rather for love of their prince than for fear of his laws: "yet such times at some time cometh in the commonwealth, that it is necessary and expedient for the repressing of the insolence and unruliness of men, and for the foreseeing and providing of remedies against rebellions, insurrections, or such mischiefs as God, sometime with us displeased, doth inflict and lay upon us, or the devil, at God's permission, to assay the good and God's elect, doth sow and set among us,—the which Almighty God and man's policy hath always been content to have stayed—that sharper laws as a harder bridle should be made."
[408] 26 Henry VIII. cap. 14: "An Act for Nomination and Consecration of Suffragans within the Realm." I have already stated my impression that the method of nomination to bishopricks by the crown, as fixed by the 20th of the 25th of Henry VIII., was not intended to be perpetual. A further evidence of what I said will be found in the arrangements under the present act for the appointment of suffragans. The king made no attempt to retain the patronage. The bishop of each diocese was to nominate two persons, and between these the crown was bound to choose.
[409] Parum erraturus sed pauca facturus.—State Papers, Vol. VII. p. 581.
[410] Ibid. p. 573.
[411] Nota qu'il ne sera pas paraventure si fort malayse à gaigner ce roy.—Note on the margin of the Comte de Nassau's Instructions.
Charles V. to his Ambassador at Paris.
"November, 1534.
" ... In addition, the Count de Nassau and yourself may go further in sounding the King about the Count's proposal—I mean for the marriage of our cousin the Princess of England with the Duke d'Angoulesme. The Grand Master, I understand, when the Count spoke of it, seemed to enter into the suggestion, and mentioned the displeasure which the King of England had conceived against Anne Boleyn. I am therefore sincerely desirous that the proposal should be well considered, and you will bring it forward as you shall see opportunity. You will make the King and the Grand Master feel the importance of the connexion, the greatness which it would confer on the Duke d'Angoulesme, the release of the English debt, which can be easily arranged, and the assurance of the realm of France.
"Such a marriage will be, beyond comparison, more advantageous to the King, his realm, and his children, than any benefit for which he could hope from Milan; while it can be brought about with no considerable difficulty. But be careful what you say, and how you say it. Speak alone to the King and alone to the Grand Master, letting neither of them know that you have spoken to the other. Observe carefully how the King is inclined, and, at all events, be secret; so that if he does not like the thing, the world need not know that it has been thought of.