A Christian legislature is bound by the most solemn of all obligations to supply with parental care the means which, in the honest exercise of its wisdom, it deems best fitted for converting the community into a people serving God; each obedient to his law here, each personally preparing for the awful change from time to eternity. But with each individual member of the community, from those who make its laws or administer them to the humblest labourer for his daily bread, it must ultimately be left to accept or to reject, to cultivate or neglect, the offered blessing. The moment compulsion interferes with the free choice of the individual, the religion of the heart and the outward observance cease to coincide, and hypocrisy, not faith working by love, is the result. "Persecution[253] either punishes a man for keeping a good conscience, or forces him into a bad conscience; it either punishes sincerity, or persuades hypocrisy; it persecutes a truth, or drives into error; and it teaches a man to dissemble and to be safe, but never to be honest."
With these observations we would proceed to inquire historically into the personal character of Henry V. with regard to religious persecution; a prince who lived when all Christendom was full of the darkness of bigotry and superstition, and when persecution had established its "cruel habitations" in every corner of the land.
The first occasion on which Henry of Monmouth's name is in any way connected with religious intolerance and persecution, is recorded in the Rolls of Parliament, 7 and 8 Henry IV. The circumstance is thus stated by Prynne,[254] or whoever was the author of the passage which is now found in the "Abridgment of Records in the Tower." "At this time the clergy suborned Henry, Prince, for and in the name of the clergy, and Sir John Tibetott the Speaker, for and in behalf of the Commons, to exhibit a long and bloody bill against certain men called Lollards,—namely, against them that taught or preached anything against the temporal livings of the clergy. Other points touching Lollardy I read none; only this is to be marked, for the better expedition in this exploit, they joined prophecies touching the King's estate, and such as whispered and bruited that King Richard should be living; the which they inserted, to the end that by the same subtlety they might the better achieve against the poor Lollards aforesaid. Wherein note a most unlawful and monstrous tyranny; for the request of the same bill was, that every officer, or other minister whatever might apprehend and inquire of such Lollards without any other commission, and that no sanctuary should hold them."
The Biographer of Henry V. needs not be very anxious as to the real intention of this petition. The allegation that Prince Henry and the Speaker of the House of Commons were suborned by the clergy, is a pure invention; no proof, or probable confirmation of any part of the charge, is afforded by history. The Speaker is named as the chief member of the House of Commons; the Prince is named as President of the Council, and chief member of the House of Lords; each acting in his official rather than in his individual character.
The petition was presented on Wednesday, December 22, in the parliament 7 and 8 Henry IV. which was dissolved that same day. The Roll records that "The Commons came before the King and Lords, and prayed an interview with the Lords by John Tybetot the Speaker." Different petitions were presented; one touching the succession of the crown, and the petition in question. The petition is not drawn up in the name of the Commons and Lords; it purports to be addressed to the King by "his humble son Henry the Prince, and the Lords Spiritual and Temporal in this present parliament assembled;" and the Speaker, in the name of the Commons, prays the King that the petition might be made the law of the land until the next parliament: and the King "graciously assents." Whatever were the real object of this law, if its aim were merciful, the Prince ought to have no additional share of the praise; if it were adding to the severity of the existing law, he deserves no additional blame, from the fact of his name appearing in the petition. In either case it appears there just as the Speaker's does, officially. But what was the real drift of this petition? Suppose it to have been on the side of severity, will it deserve the character assigned to it by the author of the "Abridgment?" Can it be called a "bloody" petition? It prayed that after the feast of Epiphany next ensuing, without any other commission, "Lollards, and other speakers and contrivers of news and lies, might be apprehended and kept in safe custody till the next parliament, and there to answer to the charges against them." Suppose this to have been an extension of a former persecuting law, it gave no power of life or death, or any further severity against the person, than merely safe custody, a power now given to any magistrate against persons accused of any one of a large class of offences usually treated as light and trifling. But we may suppose that the real bearing of this petition were altogether the other way,—that it was intended to mitigate the severity of the existing law,—to deprive the real persecutors of the power, which they would undoubtedly have had, "of citing the suspected heretic, punishing him by fine and imprisonment, and, in the case of a relapsed or obstinate heretic, consigning him to the civil power for death." This power the statute[255] 2 Hen. IV. c. 15, conferred on the diocesans; and the petition in question might have been virtually a suspension of that sanguinary law till the next session. If this be so, we have precluded ourselves from ascribing any individual merit to Henry of Monmouth above the rest of the peers who drew up the petition; but he must share it equally with them; at all events, the charge of his having been suborned by the clergy to present "a long and bloody petition" falls to the ground. On this question, however, it were better to cite the opinion of an author certainly able to take a correct view of such subjects; and who, not having Henry the Fifth's character before him at the time, but only the historical fact, must be regarded as an unprejudiced authority. Mr. Hallam,[256] in his History of the Middle Ages, makes this comment upon the proceeding in question. "We find a remarkable petition[257] in 8 Henry IV. professedly aimed against the Lollards, but intended, as I strongly suspect, in their favour. It condemns persons preaching against the Catholic faith or sacraments to imprisonment against the next parliament, where they were to abide such judgment as should be rendered by the King and peers of the realm. This seems to supersede the burning statute of 2 Henry IV, and the spiritual cognizance of heresy. Rot. Parl. p. 583; see too p. 626. The petition was expressly granted; but the clergy, I suppose, prevented its appearing in the Roll."[258] Certain it is, that, unless the statute framed upon this petition suspended the power of the existing law, the hierarchy had full authority, without the intervention of the civil magistrate, to apprehend any one suspected of heresy, to try him, to sentence him, and to deliver him over to the secular power for death, upon receipt of the King's writ.[259] Certain it also is, that, on those who might be apprehended in consequence of this petition, none of those rigours could be visited: on the contrary, they would be placed beyond reach of the ecclesiastical arm. Surely to talk of Prince Henry being suborned by the priests to present a bloody petition, savours rather of blind prejudice than of upright judgment.
The only other occasion which places Henry of Monmouth, whilst Prince of Wales, before us in conjunction with bigotry, intolerance, and persecution, is the martyrdom of a condemned heretic, executed in Smithfield. Fox, and those who follow him, say, that the martyr was John Badby, an artificer of Worcester, condemned first in his own county, and then definitively sentenced by the Archbishop, the Duke of York, the Chancellor, and others in London; the Chronicle of London records the same transaction, but speaks of the individual as a "clerk, who believed nought of the sacrament of the altar!" There is no doubt, however, that the two accounts, as well as the Archbishop's record, refer to the same individual, though the Chronicle of London is mistaken as to the sphere of life in which he moved. It will be borne in mind that the question is not, whether John Badby ended his life gloriously in defence and in testimony of the truth, nor whether those who charged, and tried, and condemned him, were merciless persecutors; the only point of inquiry immediately before us is, Whether, at the death of John Badby, Henry of Monmouth showed himself to be a persecutor. The circumstances, however, of this martyr's charge and condemnation, independently of that question, are by no means void of interest; though our plan precludes us from detailing them further than they may throw more or less direct light upon the subject of our investigation. The following statement is taken from Archbishop Arundel's record.[260]
John Badby was an inhabitant of Evesham, in the diocese of Worcester, and by trade a tailor. He was charged before the bishop with heresy, and was condemned in the diocesan court. The point on which alone his persecutors charged him, was his denial of transubstantiation. His trial took place on the 2nd of January, 1409, and he was subsequently brought before the Archbishop and his court in London, as a heretic convict. His examination began on Saturday, the 1st of March 1410, at the close of which the court resolved that he should be kept a close prisoner till the next Wednesday, in the house of the Preaching Friars, where the proceedings were carried on. The Archbishop, for greater caution, said that he would himself keep possession of the key. When the Wednesday arrived, the Archbishop took, as his advisers and assistants, so great a number of the bishops and nobles of the land, that (in the words of his own record) it would be a task to enumerate them: among others, however, the names of Edmund Duke of York, John Earl of Westmoreland, Thomas Beaufort Chancellor of England, and Lord Beaumond, are recorded.[261] Prince Henry, though present in London, and actively engaged with some of the same noblemen as members of the council, was not present at Badby's examination, either on the Saturday or on the Wednesday.[262] In all his examinations Badby seems to have conducted himself throughout with great firmness and self-possession, and, at the same time, with much respect towards those who were then his judges. Looking to the circumstances in which he was placed, it is almost impossible for any one not to be struck by the weight and pointedness of his answers. He openly professed his belief in the ever blessed Trinity, "one omnipotent God in Trinity;" and when pressed as to his belief in the sacrament of the altar, he declared that, after consecration, the elements were signs of Christ's body, but he could not believe that they were changed into the substance of his flesh and blood. "If," he said, "a priest can by his word make God, there will be twenty thousand Gods in England at one time. Moreover, I cannot conceive how, when Christ at his last supper broke one piece of bread, and gave a portion to each of his disciples, the piece of bread could remain whole and entire as before, or that he then held his own body in his hand." At his last appearance before the large assemblage of the hierarchy and the temporality, when asked as to the nature of the elements, he said, that "in the sight of God, the Duke of York, or any child of Adam, was of higher value than the sacrament of the altar." The Archbishop declared openly to the accused that, if he would live according to the doctrine of Christ, he would pledge his soul for him at the last judgment day.
The registrar, in recording these proceedings, employs expressions which too plainly indicate the frame of mind with which this poor man was viewed by his persecutors. Had the words been attributed either to the Archbishop himself, or to his remembrancer, by an enemy, they might have excited a suspicion of misrepresentation or misunderstanding. "Whilst he was under examination the poison of asps appeared about his lips; for a very large spider, which no one saw enter, suddenly and unexpectedly, in the sight of all, ran about his face." To this absurd statement, however, the registrar adds a sentence abounding with painful and dreadful associations. "The Archbishop, weighing in his mind that the Holy Spirit was not in the man at all, and seeing by his unsubdued countenance that he had a heart hardened like Pharaoh's, freeing themselves from him altogether, delivered him to the secular arm; praying the noblemen who were present, not to put him to death for his offence, nor deliver him to be punished." Whatever force this prayer of the hierarchy was expected to have, the King's writ was ready. The Archbishop condemned him before their early dinner, and forthwith on the same day, after dinner, he was taken to Smithfield, and burnt in a sort of tub to ashes. The Lambeth Register[263] mentions the mode of his death, and affirms that he persevered in his obstinacy to the last, but says nothing whatever about the Prince of Wales. The further proceedings with regard to this martyr, and which connect him with the subject of these Memoirs, are thus stated by Fox, in his Book of Martyrs.
"This thing[264] [the condemnation by the Archbishop, and the delivery of Badby to the secular power,] being done and concluded in the forenoon, in the afternoon the King's writ was not far behind; by the force whereof John Badby was brought into Smithfield, and there, being put into an empty barrel, was bound with iron chains, fastened to a stake, having dry wood put about him. And as he was thus standing in the pipe or tun, (for as yet Perilous' bull was not in use among the bishops,) it happened that the Prince, the King's eldest son, was there present; who, showing some part of the good Samaritan, began to endeavour and assay how to save the life of him whom the hypocritical Levites and Pharisees sought to put to death. He admonished and counselled him that, having respect unto himself he should speedily withdraw himself out of these labyrinths of opinions; adding oftentimes threatenings, the which would have daunted any man's stomach. Also Courtney, at that time Chancellor of Oxford, preached unto him, and informed him of the faith of holy church. In this mean season, the Prior of St. Bartlemew's in Smithfield, brought, with all solemnity, the sacrament of God's body, with twelve torches borne before, and so shewed the sacrament to the poor man being at the stake: and then they demanded of him how he believed in it; he answered, that he well knew it was hallowed bread, and not God's body. And then was the tunne put over him, and fire put unto him. And when he felt the fire he cried, 'Mercy!' (calling belike upon the Lord,) and so the Prince immediately commanded to take away the tun and quench the fire. The Prince, his commandment being done, asked him if he would forsake heresy and take him to the faith of holy church; which thing if he would do, he should have goods enough: promising also unto him a yearly stipend out of the King's treasury, so much as would suffice his contentation. But this valiant champion of Christ rejected the Prince's fair words, as also contemned all men's devices, and refused the offer of worldly promises, no doubt but being more vehemently inflamed with the spirit of God than with earthly desire. Wherefore, when as yet he continued unmoveable in his former mind, the Prince commanded him straight to be put again into the pipe or tun, and that he should not afterwards look for any grace or favour."
Milner having told us, that "the memory of Henry is by no means free from the imputation of cruelty," gives an unfavourable turn to the whole affair, and ascribes a state of mind to the Prince, which Fox's account will scarcely justify. Milner's zeal against popery and its persecutions, often betrays him into expressions which a calm review of all the circumstances of the case would, probably, have suggested to his own mind the necessity of modifying and softening. Fox attributes to Henry "some part of the good Samaritan," and puts most prominently forward his desire and endeavour to save the poor man's life. Milner ascribes to him a violence of temper, altogether unbecoming the melancholy circumstances of that hour of death, and directs our thoughts chiefly to his attempt to force a conscientious man to recant.