1. The Act of Succession. 1534.—In September 1533 Anne had given birth to a daughter, who was afterwards Queen Elizabeth. In 1534 Parliament passed an Act of Succession. Not only did it declare Anne's marriage to be lawful and Catharine's unlawful, and consequently Elizabeth and not Mary to be heir to the crown, but it required all subjects to take an oath acknowledging their approval of the contents of the Act. More and Fisher professed themselves ready to swear to any succession which might be authorised by Act of Parliament; but they would not swear to the illegality of Catharine's marriage. It was on this point that Henry was most sensitive, as he knew public opinion to be against him, and he threw both More and Fisher into the Tower. In the year before the language held in the pulpit on the subject of Henry's marriage with Anne in his wife's lifetime had been so strong that Cranmer had forbidden all preaching on the subject of the king's laws or the succession to the throne. Of the clergy, the friars were still the most resolute. Henry now sent commissioners to visit the friaries, and those in which the oath was refused were summarily suppressed.
2. The Acts of Treason and Supremacy. 1534.—In 1534 Parliament also passed a new Act of Treasons which made it high treason to wish or practise harm to the king, the queen, and their heirs, to use words denying their titles, or to call the king a 'heretic, schismatic, tyrant, infidel, or usurper of the crown.' Later in the same year, but in a fresh session, Parliament passed the Act of Supremacy, which confirmed the title of Supreme Head on earth of the Church of England, a title very similar to that to which the king had obtained the qualified assent of the clergy in 1531 (see p. [386]). From that time anyone who denied the king to be the Supreme Head of the Church of England was liable to a traitor's death.
John Fisher, Bishop of Rochester, 1504-1535; from a drawing by Holbein in the Royal Library, Windsor Castle.
3. The Monks of the Charterhouse. 1534.—It can hardly be doubted that Henry's chief adviser in these tyrannical measures was the able and unscrupulous Cromwell. It was Cromwell's plan to exalt the royal authority into a despotism by means of a subservient Parliament. He was already Henry's secretary; and in 1535 was appointed the king's Vicar-General in ecclesiastical matters. He was quite ready to push the Acts of Parliament which had recently been passed to their extreme consequences. His first object was to get rid of the Friars Observant, who had shown themselves most hostile to what they called in plainness of speech the king's adultery. All their houses were suppressed, and some of the inmates put to death. Then Cromwell fell on the London Charterhouse,[3] the inmates of which had been imprisoned in the year before simply for a refusal to take the oath of the Act of Succession, though they had not uttered a word against the king's proceedings. They could now be put to death under the new Treason Act, for denying the king's supremacy, and many of them were accordingly executed after the usual barbarous fashion, whilst others perished of starvation or of diseases contracted in the filthy prisons in which they were confined. "I profess," said the Prior, Houghton, "that it is not out of obstinate malice or a mind of rebellion that I do disobey the king, but only for the fear of God, that I offend not the Supreme Majesty; because our Holy Mother the Church hath decreed and appointed otherwise than the king and Parliament hath ordained." Houghton and his fellows were as truly martyrs as Frith had been. They at least had sown no seeds of rebellion, and they died because a tyrannical king insisted on ruling over consciences as well as over bodily acts.
4. Execution of Fisher and More. 1535.—Fisher and More were the next to suffer on the same charge, though their sentences were commuted to death by beheading. More preserved his wit to the last. "I pray you," he said as he mounted the scaffold, "see me safe up, and for my coming down I will shift for myself." After he had knelt to place his head on the block, he raised it again to move his beard aside. "Pity," he muttered, "that should be cut that has not committed treason."