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

by James Anthony Froude

the officers of the courts.[³⁴⁷] It could hardly be said that in this parliament there was any bitter spirit against the church. This act showed only mild forbearance and complacent endurance of all tolerable evil.

Another serious matter was dealt with in the same moderate temper. The Mortmain Act had prohibited the church corporations from further absorbing the lands; but the Mortmain Act was evaded in detail, the clergy using their influence to induce persons on their deathbeds to leave estates to provide a priest for ever "to sing for their souls." The arrangement was convenient possibly for both parties, or if not for both, certainly for one; but to tie up lands for ever for a special service was not to the advantage of the country; and it was held unjust to allow a man a perpetual power over the disposition of property to atone for the iniquities of his life. But the privilege was not abolished altogether; it was submitted only to reasonable limitation. Men might still burden their lands to find a priest for twenty years. After twenty years the lands were to relapse for the service of the living, and sinners were expected in equity to bear the consequence in their own persons of such offences as remained after that time unexpiated.[³⁴⁸]

Thus, in two sessions, the most flagrant of the abuses first complained of were in a fair way of being remedied. The exorbitant charges for mortuaries, probate duties, legacy duties, the illegal exactions for the sacraments, the worst injustices of the ecclesiastical courts, the non-residence, pluralities, neglect of cures, the secular occupations and extravagant privileges of the clergy, were either terminated or brought within bounds. There remained yet to be disposed of the legislative power of the convocation and the tyrannical prosecutions for heresy. The last of these was not yet ripe for settlement; the former was under reconsideration by the convocation itself, which at length was arriving at a truer conception of its position; and this question was not therefore to be dealt with by the legislature.

One more important measure, however, was passed by parliament

before it separated, and it is noticeable as the first step which was taken in the momentous direction of a breach with the See of Rome. A practice had existed for some hundreds of years in all the churches of Europe, that bishops and archbishops, on presentation to their sees, should transmit to the pope, on receiving their bulls of investment, one year's income from their new preferments. It was called the payment of annates, or firstfruits, and had originated in the time of the crusades, as a means of providing a fund for the holy wars. Once established, it had settled into custom,[³⁴⁹] and was one of the chief resources of the papal revenue. From England alone, as much as 160,000 pounds had been paid out of the country in fifty years;[³⁵⁰] and the impost was alike oppressive to individuals and injurious to the state. Men were appointed to bishopricks frequently at an advanced age, and dying, as they often did, within two or three years of their nomination, their elevation had sometimes involved their families and friends in debt and embarrassment;[³⁵¹] while the annual export of so much bullion was a serious evil at a time when the precious metals formed the only currency, and were so difficult to obtain. Before a quarrel with the court of Rome had been thought of as a possible contingency, the king had laboured with the pope to terminate the system by some equitable composition; and subsequently cessation of payment had been mentioned more than once in connection with the threats of a separation. The pope had made light of these threats, believing them to be no more than words; there was an opportunity, therefore, of proving that the English government was really in earnest, in a manner which would touch him in a point where he was naturally sensitive, and would show him at the same time that he could not wholly count on the attachment even of the clergy themselves. For, in fact, the church itself was fast disintegrating, and the allegiance even of the bishops and the secular clergy to Rome had begun to waver: they had a stronger faith in their own privileges than in the union of Christendom; and if they could purchase the continuance of the former at the price of a quarrel with the

pope, some among them were not disinclined to venture the alternative. The Bishop of Rochester held aloof from such tendencies, and Warham, though he signed the address of the House of Lords to the pope, regretted the weakness to which he had yielded: but in the other prelates there was little seriousness of conviction; and the constitution of the bench had been affected also by the preferment of Gardiner and Edward Lee to two of the sees made vacant by the death of Wolsey. Both these men had been active agents in the prosecution of the divorce; and Gardiner, followed at a distance by the other, had shaped out, as the pope grew more intractable, the famous notion that the English church could and should subsist as a separate communion, independent of foreign control, self governed, self organised, and at the same time adhering without variation to Catholic doctrine. This principle (if we may so abuse the word) shot rapidly into popularity: a party formed about it strong in parliament, strong in convocation, strong out of doors among the country gentlemen and the higher clergy—a respectable, wealthy, powerful body, trading upon a solecism, but not the less, therefore, devoted to its maintenance, and in their artificial horror of being identified with heresy, the most relentless persecutors of the Protestants. This party, unreal as they were, and influential perhaps in virtue of their unreality, became for the moment the arbiters of the Church of England; and the bishops belonging to it, and each rising ecclesiastic who hoped to be a bishop, welcomed the resistance of the annates as an opportunity for a demonstration of their strength. On this question, with a fair show of justice, they could at once relieve themselves of a burden which pressed upon their purses, and as they supposed, gratify the king. The conservatives were still numerically the strongest, and for a time remained in their allegiance to the Papacy,[³⁵²] but their convictions were too feeble

to resist the influence brought to bear upon them, and when Parliament re-assembled after the Easter recess, the two Houses of Convocation presented an address to the crown for the abolition of the impost, and with it of all other exactions, direct and indirect,—the indulgences, dispensations, delegacies, and the thousand similar forms and processes by which the privileges of the Church of England were abridged for the benefit of the Church of Rome, and weighty injury of purse inflicted both on the clergy and the laity.[³⁵³]

That they contemplated a conclusive revolt from Rome as a consequence of the refusal to pay annates, appears positively in the close of their address: "May it please your Grace," they concluded, after detailing their occasions for complaint,—"may it please your Grace to cause the said unjust exactions to cease, and to be foredone for ever by act of your high Court of Parliament; and in case the pope will make process against this realm for the attaining those annates, or else will retain bishops' bulls till the annates be paid; forasmuch as the exaction of the said annates is against the law of God and the pope's own laws, forbidding the buying or selling of spiritual gifts or promotions; and forasmuch as all good Christian men be more bound to obey God than any man; and forasmuch as St. Paul willeth us to withdraw from all such as walk inordinately; may it please your Highness to ordain in this present parliament that the obedience of your Highness and of the people be withdrawn from the See of Rome."[³⁵⁴]

It was perhaps cruel to compel the clergy to be the first to mention separation—or the language may have been furnished by the Erastian party in the Church, who hoped to gratify the King by it, and save the annates for themselves; but there was no intention, if the battle was really to be fought, of decorating the clergy with the spoils. The bill was passed, but passed conditionally, leaving power to the Crown if the pope would consent to a compromise of settling the question by a composition. There was a Papal party in the House of Commons whose opposition had perhaps to be considered,[³⁵⁵] and the annates were left suspended before Clement at once as a menace and a bribe.