On the other hand, it must be remembered that the question is really not whether Barlow's consecration can be “disproved,” but whether, in spite of what may be legitimately urged in its behalf, there are not sufficient grounds for suspecting that it never took place. 1. Neither Barlow nor Cranmer believed in consecration. In their answers to the “questions on the sacraments” which were submitted to the king, they say that, for making a bishop, “election or appointing thereto is sufficient.” Barlow, in a sermon delivered by him at S. David's, November 12, 1536, is charged with having said: “If the king's gr., being supreme head of the Church of England, did chuse, denominate, and elect any layman, being learned, to be a bishop, that he so chosen, without mention being made of any orders, should be as good a bishop as he is or the best in England.” 2. This doctrine was undoubtedly favored by the king; for in another part of this same paper on the sacraments, where the bishops are attempting to take a rather more Catholic line, we have notes in the king's handwriting to this effect. The bishops having answered, “Making of bishopes hath twoo partes, appointment and ordering,” his remark is, “Where is this distinction fonde?” and they continuing, “Appoyntament, whiche the appostels by necessyte made by common election, and sometimes by their owne several assignment, could not then be doon by Christen princes, bicause at that time they were not; and nowe at these days appertayneth to Christen princes and rulers;” the king's note is: “Now sins you confesse that the appostylles did occupate the won part, whych now you confesse belongyth to princes, how can you prove that orderyng is wonly committed to you bysshopes?”
3. Canon Estcourt (p. 69) shows that the other side has no right to assume that Barlow and Cranmer would have incurred any penalties by the mere pretermission of consecration; for the act 25 Henry VIII., cap. 20, declares: “If any archbishop shall refuse or do not confirm, invest, and consecrate, he shall incur a præmunire”; and there is no special mention of the bishop elect among the persons liable to penalties, the clause running in general words: if “any person admit or execute any censures, etc., or other process or act to the contrary or let of due execution of the act.”
The notion that the leases and other episcopal acts connected with [pg 478] diocesan property would not be legally valid in default of consecration is a gratuitous assumption. Certainly neither Mr. Haddan nor Mr. Bailey has attempted to produce any evidence. What the law really takes cognizance of in such questions is the possession of the temporalities, an indisputable right to which is given by the writ of restitution.
The recognition of Parliament, upon which so much stress has been laid, cannot be regarded as any proof of consecration, since it naturally and inevitably ensued upon the issue of this same writ. This is sufficiently proved by the fact that Parliament summoned Barlow to take his seat, and gave him his full episcopal title, when, as has been shown above, he certainly was not consecrated. Doubtless some of the more zealous of the Catholic party might have made a disturbance had they realized the omission; but, as Canon Estcourt observes (p. 78), Gardiner was absent as ambassador in Paris during the whole of 1536 and 1537.
As to Cranmer's register, it is true that it was very carelessly kept; but of the nine unrecorded consecrations, Barlow's would be the only one for which no collateral evidence whatever can be furnished. No document recites it, and every date that has been as yet conjectured for it has been exploded. Barlow's contemporary, Foxe, in his record of the Lambeth consecration, whilst specifying accurately the dates of the consecration of the other bishops engaged, is only able to say of Barlow that he was consecrated “tempore Henrici VIII.”
Canon Estcourt points out that although there was no regular register kept at S. David's—and we know that the breviaries and martyrologies which contained records of episcopal succession were burnt in the next reign as superstitious—yet that it is sufficiently odd that all the chapter books have been lost, and that the Liber Computi, still extant, has a break in it for several years before 1539.
But this is not all. Canon Estcourt has found out, on examining the original document first printed by Mason as the restitution to Barlow of the temporalities of S. David's “out of the Rolls Chapel in Chancery,” that the enrolment had really been made in the office of the exchequer, as though the matter were purely secular, instead of on the patent rolls in chancery. Then, on examining the original form—which Mason reproduced imperfectly, so as to conceal its real character—and comparing it with the normal writ of restitution, it turns out to be, no writ of restitution, but “a grant of the custody of temporalities on account of the vacancy of the see,” with the extraordinary addition of “to hold to him and his assigns during his life.” These grants of the custody of the temporalities of a diocese which had accrued during a vacancy were common enough. The peculiarity of Barlow's grant is that it is a grant of custody made to do duty for a writ of restitution. The grant of custody was ordinarily made as a preliminary to the writ of restitution. No limit was assigned to it, but it naturally and necessarily merged in the restitution, of which it was a gracious foretaste. In the case of Cranmer, indeed, as Canon Estcourt points out, the grant of custody was made after he had received the restitution of the temporalities in the usual form; but the grant is carefully limited to the profits accruing from the commencement of the vacancy to the date of restitution. Barlow's grant is for life, and, by anticipating in its completeness all that the writ of restitution could give, it [pg 479] would preclude the crown from making restitution in the proper form without a surrender of the grant of custody. Before consecration, a bishop cannot sue out a writ of restitution, as the act requires, but the king sometimes ex gratia allowed it; the form, however, of such indulgence is well known, and is very different from that of the document in question.[110]
The form actually chosen “may be supposed to have saved the necessity of obtaining either the archbishop's mandate or the archdeacon's commission”; in fact, to have made Barlow free of his see at once without any official formalities, and to “secure him in the enjoyment of the temporalities of the see, whether his character of bishop was perfected spiritually or not.”
“The effect of the grant, both in Barlow's own mind and in official quarters, may be seen from what followed. The next day a writ of summons to the House of Lords was issued, and Barlow himself immediately assumed the style and title of bishop.” “It seems highly probable that this special and novel form was deliberately adopted as suiting the views of all parties, and being highly favorable to any ulterior designs which the king might have upon the temporalities of the church at large.”
It must be remembered, too, that many of the arguments tending to show the unlikelihood of the omission, such as its unprecedented character, the want of apparent motive, or, again, the exceedingly imperfect character of the registration, tend to diminish the chances of detection. True, Barlow was not a man inclined to sacrifice much to his convictions; but he had a hearty hatred for sacerdotalism, a strong sense of humor, and, if we judge from his sermon quoted above, the impudence, if not the courage, of his opinions. A competitor for a tyrant's favor must always risk something to keep a front place, and on this point he knew how the king was minded. Altogether, he would seem to be by no means an unlikely man to have played the part assigned to him.