"... Seulement diray derechief a vostre Majeste, et me souvient l'avoir dict plusieurs fois, qu'il est en vostre Majeste gaigner et entretenir perpetuellement ce college en vostre devotion en distribuant seulement entre les principaulx d'eulx en pensions et benefices la somme de vingt mille ducas, l'ung mille, l'autre deulx ou trois mille. Et est cecy chose, Sire, que plus vous touche que a autre Prince Chrestien pour les affaires que vostre Majeste a journellement a despescher en ceste court."—M. de Praet to Charles V. August 5th, 1529. MS. Ibid.

[170] LEGRAND, vol. iii. p. 377.

[171] Ibid. vol. iii. p. 374.

[172] Ibid. vol. iii. p. 355.

[173] Ibid.

[174] Memorandum relating to the Society of Christian Brethren. Rolls House MS.

[175] DALABER'S Narrative, printed in FOXE, vol. iv. Seeley's Ed.

[176] All authorities agree in the early account of Henry, and his letters provide abundant proof that it is not exaggerated. The following description of him in the despatches of the Venetian ambassador shows the effect which he produced on strangers in 1515:—

"Assuredly, most serene prince, from what we have seen of him, and in conformity, moreover, with the report made to us by others, this most serene king is not only very expert in arms and of great valour and most excellent in his personal endowments, but is likewise so gifted and adorned with mental accomplishments of every sort, that we believe him to have few equals in the world. He speaks English, French, Latin, understands Italian well; plays almost on every instrument; sings and composes fairly; is prudent, and sage, and free from every vice."—Four Years at the Court of Henry VIII. vol. i. p. 76.

Four years later, the same writer adds,—

"The king speaks good French, Latin, and Spanish; is very religious; hears three masses a day when he hunts, and sometimes five on other days; he hears the office every day in the queen's chamber—that is to say, vespers and complins."—Ibid. vol. ii. p. 312. William Thomas, who must have seen him, says,

"Of personage he was one of the goodliest men that lived in his time; being high of stature, in manner more than a man, and proportionable in all his members unto that height; of countenance he was most amiable; courteous and benign in gesture unto all persons and specially unto strangers; seldom or never offended with anything; and of so constant a nature in himself that I believe few can say that ever he changed his cheer for any novelty how contrary or sudden so ever it were. Prudent he was in council and forecasting; most liberal in rewarding his faithful servants, and even unto his enemies, as it behoveth a prince to be. He was learned in all sciences, and had the gift of many tongues. He was a perfect theologian, a good philosopher, and a strong man at arms, a jeweller, a perfect builder as well of fortresses as of pleasant palaces, and from one to another there was no necessary kind of knowledge, from a king's degree to a carter's, but he had an honest sight in it."—The Pilgrim p. 78.

[177] Exposition of the Commandments, set forth by Royal authority, 1536. This treatise was drawn up by the bishops, and submitted to, and revised by, the king.

[178] SAGUDINO'S Summary. Four Years at the Court of Henry VIII. vol. ii. P. 75.

[179] "The truth is, when I married my wife, I had but fifty pounds to live on for me and my wife so long as my father lived, and yet she brought me forth every year a child."—Earl of Wiltshire to Cromwell: ELLIS, third series, vol. iii. pp. 22, 3.

[180] BURNET, vol. i. p. 69.

[181] Thomas Allen to the Earl of Shrewsbury: LODGE'S Illustrations, vol. i. p. 20.

[182] Earl of Northumberland to Cromwell: printed by LORD HERBERT and by BURNET.

[183] 28 Hen. VIII. cap. 7.

[184] Since these words were written, I have discovered among the Archives of Simancas what may perhaps be some clue to the mystery, in an epitome of a letter written to Charles V. from London in May, 1536:—-

"His Majesty has letters from England of the 11th of May, with certain news that the paramour of the King of England, who called herself queen, has been thrown into the Tower of London for adultery. The partner of her guilt was an organist of the Privy Chamber, who is in the Tower as well. An officer of the King's wardrobe has been arrested also for the same offence with her, and one of her brothers for having been privy to her offences without revealing them. They say, too, that if the adultery had not been discovered, the King was determined to put her away, having been informed by competent witnesses that she was married and had consummated her marriage nine years before, with the Earl of Northumberland."

[185] ELLIS, third series, vol. ii. p. 131.

[186] Wyatt's Memorials, printed in Singer's CAVENDISH, p. 420.

[187] ELLIS, third series, vol. ii. p. 132.

[188] ELLIS, first series, vol. i. p. 135. "My Lord, in my most humblest wise that my poor heart can think, I do thank your Grace for your kind letter, and for your rich and goodly present; the which I shall never be able to deserve without your great help; of the which I have hitherto had so great plenty, that all the days of my life I am most bound of all creatures, next to the King's Grace, to love and serve your Grace. Of the which I beseech you never to doubt that ever I shall vary from this thought as long as any breath is in my body."

[189] CAVENDISH Life of Wolsey, p. 316. Singer's edition.

[190] CAVENDISH, pp. 364, 5.

[191] Letters of the Bishop of Bayonne, LEGRAND, vol. iii. pp. 368, 378, etc.

[192] See HALE'S Criminal Causes from the Records of the Consistory Court of London.

[193] Petition of the Commons, infra, p. 191, etc.

[194] Reply of the Ordinaries to the petition of the Commons, infra, p. 202, etc.

[195] Petition of the Commons. 23 Hen. VIII. c. 9.

[196] HALE'S Criminal Causes, p.4.

[197] An Act that no person committing murder, felony, or treason should be admitted to his clergy under the degree of sub-deacon.

[198] In May, 1528, the evil had become so intolerable, that Wolsey drew the pope's attention to it. Priests, he said, both secular and regular, were in the habit of committing atrocious crimes, for which, if not in orders, they would have been promptly executed; and the laity were scandalised to see such persons not only not degraded, but escaping with complete impunity. Clement something altered the law of degradation in consequence of this representation, but quite inadequately.—RYMER, vol. vi. part 2, p. 96.

[199] Thomas Cowper et ejus uxor Margarita pronubae horribiles, et instigant mulieres ad fornicandum cum quibuscunque laicis, religiosis, fratribus minoribus, et nisi fornicant in domo sua ipsi diffamabunt nisi voluerint dare eis ad voluntatem eorum; et vir est pronuba uxori, et vult relinquere eam apud fratres minores pro peccatis habendis.—HALE, Criminal Causes, p. 9.

Joanna Cutting communis pronuba at praesertim inter presbyteros fratres monachos et canonicos et etiam inter Thomam Peise et quandam Agnetam, etc.—HALE, Criminal Causes, p. 28.

See also Ibid. pp. 15, 22, 23, 39, etc.

In the first instance the parties accused "made their purgation" and were dismissed. The exquisite corruption of the courts, instead of inviting evidence and sifting accusations, allowed accused persons to support their own pleas of not guilty by producing four witnesses, not to disprove the charges, but to swear that they believed the charges untrue. This was called "purgation."

Clergy, it seems, were sometimes allowed to purge themselves simply on their own word.—HALE, p. 22; and see the Preamble of the 1st of the 23rd of Henry VIII.

[200] Complaints of iniquities arising from confession were laid before Parliament as early as 1394.

"Auricularis confessio quae dicitur tam necessaria ad salvationem hominis, cum ficta potestate absolutionis exaltat superbiam sacerdotum, et dat illis opportunitatem secretarum sermocinationum quas nos nolumus dicere, quia domini et dominae attestantur quod pro timore confessorum suorum non audent dicere veritatem; et in tempore confessionis est opportunum tempus procationis id est of wowing et aliarum secretarum conventionum ad peccata mortalia. Ipsi dicunt quod sunt commissarii Dei ad judicandum de omni peccato perdonandum et mundandum quemcunque eis placuerint. Dicunt quod habent claves coeli et inferni et possunt excommunicare et benedicere ligare et solvere in voluntatem eorum; in tantum quod pro bussello vel 12 denariis volunt vendere benedictionem coeli per chartam et clausulam de warrantia sigillita sigillo communi. Ista conclusio sic est in usu quod non eget probatione aliqua."—Extract from a Petition presented to Parliament: WILKINS, vol. iii. p. 221.

This remarkable paper ends with the following lines:—

"Plangunt Anglorum gentes crimen Sodomorum Paulus fert horum sunt idola causa malorum Surgunt ingrati Giezitae Simone nati Nomine praelati hoc defensare parati Qui reges estis populis quicunque praestis Qualiter his gestis gladios prohibere potestis."

See also HALE, p. 42, where an abominable instance is mentioned, and a still worse in the Suppression of the Monasteries, pp. 45-50.

[201] HALE, p. 12.

[202] Ibid. pp. 75, 83; Suppression of the Monasteries, p. 47.

[203] Ibid. p. 80.

[204] Ibid. p. 83.

[205] I have been taunted with my inability to produce more evidence. For the present I will mention two additional instances only, and perhaps I shall not be invited to swell the list further.

1. In the State Paper Office is a report to Cromwell by Adam Bekenshaw, one of his diocesan visitors, in which I find this passage:—

"There be knights and divers gentlemen in the diocese of Chester who do keep concubines and do yearly compound with the officials for a small sum without monition to leave their naughty living."

2. In another report I find also the following:—

"The names of such persons as be permitted to live in adultery and fornication for money:—

"The Vicar of Ledbury. The Vicar of Brasmyll. The Vicar of Stow. The Vicar of Cloune. The Parson of Wentnor. The Parson of Rusbury. The Parson of Plowden. The Dean of Pountsbury. The Parson of Stratton. Sir Matthew of Montgomery. Sir —— of Lauvange. Sir John Brayle. Sir Morris of Clone. Sir Adam of Clone. Sir Pierce of Norbury. Sir Gryffon ap Egmond. Sir John Orkeley. Sir John of Mynton. Sir John Reynolds. Sir Morris of Knighton, priest. Hugh Davis. Cadwallader ap Gern. Edward ap Meyrick. With many others of the diocese of Hereford."

The originals of both these documents are in the State Paper Office. There are copies in the Bodleian Library.—MS. Tanner, 105.

[206] Skelton gives us a specimen of the popular criticisms:—

"Thus I, Colin Clout, As I go about, And wondering as I walk, I hear the people talk: Men say for silver and gold Mitres are bought and sold: A straw for Goddys curse, What are they the worse?

"What care the clergy though Gill sweat, Or Jack of the Noke? The poor people they yoke With sumners and citacions, And excommunications. About churches and markets The bishop on his carpets At home soft doth sit. This is a fearful fit, To hear the people jangle. How wearily they wrangle! But Doctor Bullatus

"Parum litteratus, Dominus Doctoratus At the broad gate-house. Doctor Daupatus And Bachelor Bacheleratus, Drunken as a mouse At the ale-house, Taketh his pillion and his cap At the good ale-tap, For lack of good wine. As wise as Robin Swine, Under a notary's sign, Was made a divine; As wise as Waltham's calf, Must preach in Goddys half; In the pulpit solemnly; More meet in a pillory; For by St. Hilary He can nothing smatter Of logic nor school matter.

"Such temporal war and bate As now is made of late Against holy church estate, Or to mountain good quarrels; The laymen call them barrels Full of gluttony and of hypocrisy, That counterfeits and paints As they were very saints.

"By sweet St. Marke, This is a wondrous warke, That the people talk this. Somewhat there is amiss. The devil cannot stop their mouths, But they will talk of such uncouths All that ever they ken Against spiritual men."

I am unable to quote more than a few lines from ROY'S Satire. At the close of a long paragraph of details an advocate of the clergy ventures to say that the bad among them are a minority. His friend answers:—

"Make the company great or small, Among a thousand find thou shall Scant one chaste of body or mind."

[207] Answer of the Bishops to the Commons' Petition: Rolls House MS.

[208] Joanna Leman notatur officio quod non venit ad ecclesiam parochialem; et dicit se nolle accipere panem benedictum a manibus rectoris; et vocavit eum "horsyn preste."—HALE, p. 99.

[209] HALE, p. 63.

[210] Ibid. p. 98.

[211] Ibid. p. 38.

[212] Ibid. p. 67.

[213] Ibid. p. 100.

[214] CAVENDISH, Life of Wolsey, p. 251.

[215] HALL, p. 764.

[216] Ibid. p. 764.

[217] State Papers, vol. vii. p. 361.

[218] 6 Hen. VIII. cap. 16.

[219] The session lasted six weeks only, and several of the subjects of the petition were disposed of in the course of it, as we shall see.

[220] The MS. from which I have transcribed this copy is itself imperfect, as will be seen in the "reply of the Bishops," which supplies several omitted articles. See p. 137, et seq. It is in the Rolls House.

[221] The penny, as I have shown, equalled, in terms of a poor man's necessities, a shilling. See chap. i.

[222] See instance's in HALE: p, 62, Omnium Sanctorum in muro.—M. Gulielmus Edward curatus notatur officio quod recusat ministrare sacramenta ecelesiastica aegrotantibus nisi prius habitis pecuniis pro suo labore: p. 64, St. Mary Magdalen.—Curatus notatur officio prbpter quod recusavit solemnizare matrrimonium quousque habet pro hujusmodi solemnizatione, 3s. 8d.; and see pp. 52, 75.

[223] I give many instances of this practice in my sixth chapter. It was a direct breach of the statute of Henry IV., which insists on all examinations for heresy being conducted in open court. "The diocesan and his commissaries," says that act, "shall openly and judicially proceed against persons arrested."—2 Hen. IV. c. 15.

[224] Again breaking the statute of Hen. IV., which limited the period of imprisonment previous to public trial to three months.—2 Hen. IV. c. 15.

[225] To be disposed of at Smithfield. Abjuration was allowed once. For a second offence there was no forgiveness.

[226] Petition of the Commons. Rolls House MS.

[227] See STRYPE, Eccles. Memorials, vol. i. p. 191-2,—who is very eloquent in his outcries upon his subject.

[228] Answer of the Bishops, p. 204, etc.

[229] Explanations are not easy; but the following passage may suggest the meaning of the House of Commons:—"The holy Father Prior of Maiden Bradley hath but six children, and but one daughter married yet of the goods of the monastery; trusting shortly to marry the rest."—Dr. Leyton to Cromwell: Suppression of the Monasteries, p. 58.

[230] Reply of the Bishops, infra.

[231] CAVENDISH, Life of Wolsey, p. 390. MORE'S Life of More, p. 109.

[232] Populus diu oblatrans. Fox to Wolsey. STRYPE, Eccl. Mem. vol. i. Appendix, p. 27.

[233] RYMER, vol. vi. part 2, p. 119.

[234] The answer of the Ordinaries to the supplication of the worshipful the Commons of the Lower House of Parliament offered to our Sovereign Lord the King's most noble Grace.—Rolls House MS.

[235] The terms of the several articles of complaint are repeated verbally from the petition. I condense them to spare recapitulation.

[236] 2 Hen. IV. cap. 15; 2 Hen. V. cap. 7.

[237] An Act that no person shall be cited out of the diocese in which he dwells, except in certain cases. It received the Royal assent two years later. See 23 Hen. VIII. cap. 9.

[238] 21 Hen. VIII. cap. 5. An Act concerning fines and sums of money to be taken by the ministers of bishops and other ordinaries of holy church for the probate of testaments.

[239] HALE, Precedents, p. 86.

[240] Ibid.

[241] 21 Hen. VIII. cap. 6. An Act concerning the taking of mortuaries, or demanding, receiving, or claiming the same.

In Scotland the usual mortuary was, a cow and the uppermost cloth or counterpane on the bed in which the death took place. A bishop reprimanding a suspected clergyman for his leaning toward the Reformation, said to him:—

"My joy, Dean Thomas, I am informed that ye preach the epistle and gospel every Sunday to your parishioners, and that ye take not the cow nor the upmost cloth from your parishioners; which thing is very prejudicial to the churchmen. And therefore, Dean Thomas, I would ye took your cow and upmost cloth, or else it is too much to preach every Sunday, for in so doing ye may make the people think we should preach likewise."—CALDERWOOD, vol. i. p. 126.

The bishop had to burn Dean Thomas at last, being unable to work conviction into him in these matters.

[242] 21 Hen. VIII. cap. 13. An Act that no spiritual person shall take farms; or buy and sell for lucre and profit; or keep tan-houses or breweries. And for pluralities of benefices and for residence.

[243] HALL, p. 767.

[244] Ibid. 766

[245] Ibid. 767.

[246] Ibid. 766.

[247] Ibid. 768.

[248] So reluctant was he, that at one time he had resolved, rather than compromise the unity of Christendom, to give way. When the disposition of the court of Rome was no longer doubtful, "his difficultatibus permotus, cum in hoc statu res essent, dixerunt qui ejus verba exceperunt, post profundam secum de universo negotio deliberationem et mentis agitationem, tandem in haec verba prorupisse, se primum tentasse illud divortium persuasum ecclesiam Romanam hoc idem probaturum—quod si ita ilia abhorreret ab illa sententia ut nullo modo permittendum censeret se nolle cum ea contendere neque amplius in illo negotio progredi."

Pole, on whose authority we receive these words, says that they were heard with almost unanimous satisfaction at the council board. The moment of hesitation was, it is almost certain, at the crisis which preceded or attended Wolsey's fall. It endured but for three days, and was dispelled by the influence of Cromwell, who tempted both the king and parliament into their fatal revolt.—POLI Apologia ad Carolum Quintum.

[249] LEGRAND, vol. iii. p. 446. The censures were threatened in the first brief, but the menace was withdrawn under the impression that it was not needed.

[250] Ibid. The second brief is dated March 7, and declares that the king, if he proceeds, shall incur ipso facto the greater excommunication; that the kingdom will fall under an interdict.

[251] Cranmer was born in 1489, and was thus forty years old when he first emerged into eminence.

[252] State Papers, vol. vii. p. 226.

[253] Je croy qu'il ne feist en sa vie ceremonie qui luy touchast si pres du coeur, ne dont je pense qu'il luy doive advenir moins du bien. Car aucunes fois qu'il pensoit qu'on ne le regardast, il faisoit de si grands soupirs que pour pesante que fust sa chappe, il la faisoit bransler a bon escient.—Lettre de M. de Gramont, Eveque de Tarbes. LEGRAND, vol. iii. p. 386.

[254] ELLIS, Third Series, vol. ii. p. 98. "In the letters showed us by M. de Buclans from the emperor, of the which mention was made in ciphers, it was written in terms that the French king would offer unto your Grace the papalite of France vel Patriarchate, for the French men would no more obey the Church of Rome."—Lee to Wolsey.

[255] A ce qu'il m'en a declare des fois plus de trois en secret, il seroit content que le dit mariage fust ja faict, ou par dispense du Legat d'Angleterre ou autrement; mais que ce ne fust par son autorite, in aussi diminuant sa puissance, quant aux dispenses, et limitation de droict divin.—Dechiffrement de Lettres de M. de Tarbes.—LEGRAND, vol. iii. p. 408.

[256] LEGRAND, vol. iii. p. 408.

[257] State Papers, vol. vii. p. 230.

[258] The Bishop of Tarbes to the King of France. LEGRAND, vol. iii. p. 401.

[259] State Papers, vol. vii. p. 234.

[260] Ibid. p. 235.

[261] We demand a service of you which it is your duty to concede; and your first thought is lest you should offend the emperor. We do not blame him. That in such a matter he should be influenced by natural affection is intelligible and laudable. But for that very reason we decline to submit to so partial a judgment.—Henry VIII. to the Pope: BURNET'S Collectanea, p. 431.

[262] LEGRAND, vol. iii. p. 394.

[263] State Papers, vol. vii. p. 317.

[264] For Croke's Mission, see BURNET, vol. i. p. 144 e.

[265] State Papers, vol. vii. p. 241.

[266] Friar Pallavicino to the Bishop of Bath. Rolls House MS.

[267] Croke and Omnibow to the King. Rolls House MS.

[268] Generalis magister nostri ordinis mandavit omnibus suae religionis professoribus, ut nullus audeat de auctoritate Pontificis quicquam loqui. Denique Orator Caesareus in talia verba prorupit, quibus facile cognovi ut me a Pontifice vocari studeat et tunc timendum esset saluti meae. Father Omnibow to Henry VIII. Rolls House MS.

[269] BURNET'S Collect. p. 50. Burnet labours to prove that on Henry's side there was no bribery, and that the emperor was the only offender; an examination of many MS. letters from Croke and other agents in Italy leads me to believe that, although the emperor only had recourse to intimidation, because he alone was able to practise it, the bribery was equally shared between both parties.

[270] LEGRAND, vol. iii. p. 458. The Grand Master to the King of France:—De l'autre part, adventure il n'est moins a craindre, que le Roy d'Angleterre, irrite de trop longues dissimulations, trouvast moyen de parvenir a ses intentions du consentement de l'Empereur, et que par l'advenement d'un tiers se fissent ami, Herode et Pilate.

[271] Ibid. vol. iii. p. 467, etc.

[272] Letter from the King of France to the President of the Parliament of Paris. Rolls House MS.

[273] Letter from Reginald Pole to Henry VIII. Rolls House MS.

[274] Pole to Henry VIII. Rolls House MS.

[275] BURNET, Collectanea, p. 429.

[276] State Papers, vol. i. p. 377.

[277] BURNET'S Collectanea, p. 436; State Papers, vol. i. p. 378.

[278] It is not good to stir a hornet's nest.

[279] BURNET'S Collectanea, p. 431.

[280] Ibid. p. 48.

[281] Preface to LATIMER'S Sermons. Parker Society's edition, p. 3.

[282] "King Harry loved a man," was an English proverb to the close of the century. See SIR ROBERT NAUNTON'S Fragmenta Regalia, London, 1641, p. 14.

[283] Sir George Throgmorton, who distinguished himself by his opposition to the Reformation in the House of Commons.

[284] BURNET'S Collect, p. 429.

[285] A Glasse of Truth.

[286] Ibid. p. 144.

[287] 35 Ed. I.; 25 Ed. III. stat. 4; stat. 5, cap. 22; 27 Ed. III. stat. 1; 13 Ric. II. stat. 2, cap. 2; 16 Ric. II. cap. 5; 9 Hen. IV. cap. 8.

[288] CAVENDISH, p. 276.

Gardiner has left some noticeable remarks on this subject.

"Whether," he says, "a king may command against a common law or an act of parliament, there is never a judge or other man in the realm ought to know more by experience of that the laws have said than I.

"First, my Lord Cardinal, that obtained his legacy by our late Sovereign Lord's requirements at Rome, yet, because it was against the laws of the realm, the judges concluded the offence of Premunire, which matter I bare away, and took it for a law of the realm, because the lawyers said so, but my reason digested it not. The lawyers, for confirmation of their doings, brought in the case of Lord Tiptoft. An earl he was, and learned in the civil laws, who being chancellor, because in execution of the king's commandment he offended the laws of the realm, suffered on Tower Hill. They brought in examples of many judges that had fines set on their heads in like cases for transgression of laws by the king's commandment, and this I learned in that case.

"Since that time being of the council, when many proclamations were devised against the carriers out of corn, when it came to punish the offender, the judges would answer it might not be by the law, because the Act of Parliament gave liberty, wheat being under a price. Whereupon at last followed the Act of Proclamations, in the passing whereof were many large words spoken."

After mentioning other cases, he goes on:—

"I reasoned once in the parliament house, where there was free speech without danger, and the Lord Audely, to satisfy me, because I was in some secret estimation, as he knew, 'Thou art a good fellow, Bishop,' quoth he; 'look at the Act of Supremacy, and there the king's doings be restrained to spiritual jurisdiction; and in another act no spiritual law shall have place contrary to a common law, or an act of parliament. And this were not,' quoth he, 'you bishops would enter in with the king, and by means of his supremacy order the laws as ye listed. But we will provide,' quoth he, 'that the premunire shall never go off your heads.' This I bare away then, and held my peace."—Gardiner to the Protector Somerset: MS. Harleian, 417.

[289] 13 Ric. II. stat. 2, cap. 2. Et si le Roi envoie par lettre on en autre maniere a la Courte du Rome al excitacion dascune person, parount que la contrarie de cest estatut soit fait touchant ascune dignite de Sainte Eglise, si celuy qui fait tiel excitacion soit Prelate de Sainte Eglise, paie au Roy le value de ses temporalitees dun an. The petition of parliament which occasioned the statute is even more emphatic: Perveuz tout foitz que par nulle traite ou composition a faire entre le Seint Pere le Pape et notre Seigneur le Roy que riens soit fait a contraire en prejudice de cest Estatute a faire. Et si ascune Seigneur Espirituel ou Temporel ou ascune persone quiconque de qu'elle condition q'il soit, enforme, ensence ou excite le Roi ou ses heirs, l'anientiser, adnuller ou repeller cest Estatut a faire, et de ceo soit atteint par due proces du loy que le Seigneur Espirituel eit la peyne sus dite, etc.—Rolls of Parliament, Ric. II. 13.

[290] Even further, as chancellor the particular duty had been assigned to him of watching over the observance of the act.

Et le chancellor que pur le temps serra a quelle heure que pleint a luy ou a conseill le Roy soit fait d'ascunes des articles sus ditz par ascune persone que pleindre soy voudra granta briefs sur le cas ou commissions a faire au covenables persones, d'oier et terminer les ditz articles sur peyne de perdre son office et jamais estre mys en office le Roy et perdre mille livres a lever a l'oeps le Roy si de ce soit atteint par du proces.—Rolls of Parliament, Ric. II. 13.

[291] BURNET, vol. iii. p. 77. See a summary of the acts of this Convocation in a sermon of Latimer's preached before the two Houses in 1536. LATIMER'S Sermons, p. 45.

[292] The king, considering what good might come of reading of the New Testament and following the same; and what evil might come of the reading of the same if it were evil translated, and not followed; came into the Star Chamber the five-and-twentieth day of May; and then communed with his council and the prelates concerning the cause. And after long debating, it was alleged that the translations of Tyndal and Joy were not truly translated, and also that in them were prologues and prefaces that sounded unto heresy, and railed against the bishops uncharitably. Wherefore all such books were prohibited, and commandment given by the king to the bishops, that they, calling to them the best learned men of the universities, should cause a new translation to be made, so that the people should not be ignorant of the law of God.—HALL, p. 771. And see WARHAM'S Register for the years 1529-1531. MS. Lambeth.

[293] 22 Hen. VIII. cap. 15.

[294] BURNET, vol. iii. p. 78.

[295] State Papers, vol. vii. 457.

[296] Memoranda relating to the Clergy: Rolls House MS.

[297] BURNET, vol. iii. p. 80.

[298] The King's Highness, having always tender eyes with mercy and pity and compassion towards his spiritual subjects, minding of his high goodness and great benignity so always to impart the same unto them, as justice being duly administered, all rigour be excluded; and the great benevolent minds of his said subjects [having been] largely and many times approved towards his Highness, and specially in their Convocation and Synod now presently being in the Chapter House of Westminster, his Highness, of his said benignity and high liberality, in consideration that the said Convocation has given and granted unto him a subsidy of one hundred thousand pounds, is content to grant his general pardon to the clergy and the province of Canterbury, for all offences against the statute and premunire.—22 Hen. VIII. cap. 15.

[299] BURNET, vol. 1. p. 185.

[300] An instance is reported in the Chronicle of the Grey Friars ten years previously. The punishment was the same as that which was statutably enacted in the case of Rouse.

[301] HALL, p. 781.

[302] Most shocking when the wrong persons were made the victims; and because clerical officials were altogether incapable of detecting the right persons, the memory of the practice has become abhorrent to all just men. I suppose, however, that, if the right persons could have been detected, even the stake itself would not have been too tremendous a penalty for the destroying of human souls.

[303] 22 Hen. VIII. cap. 10.

[304] See a very curious pamphlet on this subject, by SIR FRANCIS PALGRAVE. It is called The Confessions of Richard Bishop, Robert Seymour, and Sir Edward Neville, before the Privy Council, touching Prophecie, Necromancy, and Treasure-trove.

[305] Miscellaneous Depositions on the State Of the Country: Rolls House MS.

[306] See the Preamble of the Bill against conjurations, witchcraft, sorceries, and enchantments.—33 Hen. VIII. cap. 8.

Also "the Bill touching Prophecies upon Arms and Badges."—33 Hen. VIII. cap. 14.

A similar edict expelled the gipsies from Germany. At the Diet of Spires, June 10, 1544.

Statutum est ne vagabundum hominum genus quos vulgo Saracenos vocant per Germaniam oberrare sinatur usu enim compertum est eos exploratores et proditores esse.—State Papers, vol. ix. p. 705.

[307] ELLIS, first series, vol. ii. p. 101.

[308] Bulla pro Johanne Scot, qui sine cibo et potu per centum et sex dies vixerat.—RYMER, vol. vi. part 2, p. 176.

[309] BUCHANAN, History of Scotland, vol. ii. p. 156.

[310] Letter of Archbishop Cranmer.—ELLIS, second series, vol. ii. p. 314.

[311] Statutes of the Realm. 25 Hen. VIII. cap. 12.

[312] Extracts from a Narrative containing an Account of Elizabeth Barton: Rolls House MS.

[313] Statutes of the Realm.

[314] Rolls House MS.

[315] Ibid.

[316] Suppression of the Monasteries, p. 19.

[317] Ibid.

[318] Proceedings connected with Elizabeth Barton: Rolls House MS.

[319] 25 Hen. VIII. cap. 12.

[320] Ibid.

[321] Ibid.

[322] Cranmer's Letter. ELLIS, third series, vol. iii. p. 315.

[323] More to Cromwell: BURNET'S Collectanea, p. 350.

[324] 25 Hen. VIII. cap. 12.

[325] Confessions of Elizabeth Barton: Rolls House MS. Sir Thomas More gave her a double ducat to pray for him and his. BURNET'S Collectanea, p. 352. Moryson, in his Apomaxis, declares that she had a regular understanding with the confessors at the Priory. When penitents came to confess, they were detained while a priest conveyed what they had acknowledged to the Nun; and when afterwards they were admitted to her presence, she amazed them with repeating their own confessions.

[326] The said Elizabeth subtilly and craftily conceiving the opinion and mind of the said Edward Bocking, willing to please him, revealed and showed unto the said Edward that God was highly displeased with our said sovereign lord the king for this matter; and in case he desisted not from his proceeding in the said divorce and separation, but pursued the same and married again, that then within one month after such marriage, he should no longer be king of this realm; and in the reputation of Almighty God he should not be a king one day nor one hour, and that he should die a villain's death. Saying further, that there was a root with three branches, and till they were plucked up it should never be merry in England: interpreting the root to be the late lord cardinal, and the first branch to be the king our sovereign lord, the second the Duke of Norfolk, and the third the Duke of Suffolk.—25 Hen. VIII. cap. 12.

[327] Revelations of Elizabeth Barton: Rolls House MS. In the epitome of the book of her Revelations it is stated that there was a story in it "of an angel that appeared, and bade the Nun go unto the king, that infidel prince of England, and say that I command him to amend his life, and that he leave three things which he loveth and pondereth upon, i.e., that he take none of the pope's right nor patrimony from him; the second that he destroy all these new folks of opinion and the works of their new learning; the third, that if he married and took Anne to wife, the vengeance of God should plague him; and as she sayth she shewed this unto the king."—Paper on the Nun of Kent: MS. Cotton, Cleopatra, E 4.

[328] ELLIS, third series, vol. ii. p. 137. Warham had promised to marry Henry to Anne Boleyn. The Nun frightened him into a refusal by a pretended message from an angel.—MS. ibid.

[329] The Nun hath practised with two of the pope's ambassadors within this realm, and hath sent to the pope that if he did not do his duty in reformation of kings, God would destroy him at a certain day which he had appointed. By reason whereof it is supposed that the pope hath showed himself so double and so deceivable to the King's Grace in his great cause of marriage as he hath done, contrary to all truth, justice, and equity. As likewise the late cardinal of England, and the Archbishop of Canterbury, being very well-minded to further and set at an end the marriage which the King's Grace now enjoyeth, according to their spiritual duty, were prevented by the false revelations of the said Nun. And that the said Bishop of Canterbury was so minded may be proved by divers which knew then his towardness.—Narrative of the Proceedings of Elizabeth Barton: Rolls House MS.

[330] Note of the Revelations of Elizabeth Barton: Rolls House MS.

[331] HALL, p. 780.

[332] RYMER, vol. vi. p. 160. We are left to collateral evidence to fix the place of this petition, the official transcriber having contented himself with the substance, and omitted the date. The original, as appears from the pope's reply (LORD HERBERT, p. 145), bore the date of July 13; and unless a mistake was made in transcribing the papal brief, this was July, 1530. I have ventured to assume a mistake, and to place the petition in the following year, because the judgment of the universities, to which it refers, was not completed till the winter of 1530; they were not read in parliament till March 30, 1531; and it seems unlikely that a petition of so great moment would have been presented on an incomplete case, or before the additional support of the House of Commons had been secured. I am far from satisfied, however, that I am right in making the change. The petition must have been drawn up (though it need not have been presented) in 1530; since it bears the signature of Wolsey, who died in the November of that year.

[333] Mademoiselle de Boleyn est venue; et l'a le Roy logee en fort beau logis; et qu'il a faict bien accoustrer tout aupres du sien. Et luy est la cour faicte ordinairement tous les jours plus grosse que de long temps elle ne fut faicte a la Royne. Je crois bien qu'on veult accoutumer par les petie ce peuple a l'endurer, afin que quand ivendra a donner les grands coups, il ne les trouve si estrange. Toutefois il demeure tous jours endurcy, et croy bien qu'il feroit plus qu'il ne faict si plus il avoit de puissance; mais grand ordre se donne par tout.—Bishop of Bayonne to the Grand Master: LEGRAND, vol. iii. p. 231.

[334] HALL, p. 781.

[335] It seems to have been his favourite place of retirement. The gardens and fishponds were peculiarly elaborate and beautiful.—Sir John Russell to Cromwell: MS. State Paper Office.

[336] Also it is a proverb of old date—"The pride of France, the treason of England, and the war of Ireland, shall never have end." State Papers, vol. ii. p. 11

[337] There was a secret ambassador with the Scots king from the emperour, who had long communicated with the king alone in his privy chamber. And after the ambassador's departure the king, coming out into his outer chamber, said to his chancellor and the Earl Bothwell, "My lords, how much are we bounden unto the emperour that in the matter concerning our style, which so long he hath set about for our honour, that shall be by him discussed on Easter day, and that we may lawfully write ourself Prince of England and Duke of York." To which the chancellor said, "I pray God the pope confirm the same." The Scots king answered, "Let the emperour alone."—Earl of Northumberland to Henry VIII.: State Papers, vol. iv. p. 599.

[338] HALL, p. 783.

[339] "The bishop was brought in desperation of his life."—Rolls House MS., second series, 532. This paper confirms Hall's account in every point.

[340] HALL, p. 796.

[341] BURNET, vol. iii. p. 115.

[342] Warham was however fined L300 for it.—HALL, 796. A letter of Richard Tracy, son of the dead man, is in the MS. State Paper Office, first series, vol. iv. He says the King's Majesty had committed the investigation of the matter to Cromwell.

[343] LATIMER'S Sermons, p. 46.

[344] Cap. iii.

[345] 23 Hen. VIII. cap. 1.

[346] 23 Hen. VIII. cap. 9.

[347] Be it further enacted that no archbishop or bishop, official, commissary, or any other minister, having spiritual jurisdiction, shall ask, demand, or receive of any of the king's subjects any sum or sums of money for the seal of any citizen, but only threepence sterling.—23 Hen. VIII. cap. 9.

[348] 23 Hen. VIII. cap. 10.—By a separate clause all covenants to defraud the purposes of this act were declared void, and the act itself was to be interpreted "as beneficially as might be, to the destruction and utter avoiding of such uses, intents, and purposes."

[349] Annates or firstfruits were first suffered to be taken within the realm for the only defence of Christian people against infidels; and now they be claimed and demanded as mere duty only for lucre, against all right and conscience.—23 Hen. VIII. cap. 20.

[350] 23 Hen. VIII. cap. 20.

[351] It hath happened many times by occasion of death unto archbishops or bishops newly promoted within two or three years after their consecration, that their friends by whom they have been holpen to make payment have been utterly undone and impoverished.—23 Henry VIII. cap. 20.

[352] M. de la Pomeroy to Cardinal Tournon.

"London, March 23, 1531-2.

"My Lord,—I sent two letters to your lordship on the 20th of this month. Since that day Parliament has been prorogued, and will not meet again till after Easter.

"It has been determined that the Pope's Holiness shall receive no more annates, and the collectors' office is to be abolished. Everything is turning against the Holy See, but the King has shown no little skill; the Lords and Commons have left the final decision of the question at his personal pleasure, and the Pope is to understand that, if he will do nothing for the King, the King has the means of making him suffer. The clergy in convocation have consented to nothing, nor will they, till they know the pleasure of their master the Holy Father; but the other estates being agreed, the refusal of the clergy is treated as of no consequence.

"Many other rights and privileges of the Church are abolished also, too numerous to mention."—MS. Bibliot. Imper. Paris.

[353] STRYPE, Eccles. Mem., vol. i. part 2, p. 158.

[354] Ibid.

[355] Sir George Throgmorton, Sir William Essex, Sir John Giffard, Sir Marmaduke Constable, with many others, spoke and voted in opposition to the government. They had a sort of club at the Queen's Head by Temple Bar, where they held discussions in secret, "and when we did commence," said Throgmorton, "we did bid the servants of the house go out, and likewise our own servants, because we thought it not convenient that they should hear us speak of such matters."—Throgmorton to the King: MS. State Paper Office.

[356] 23 Hen. VIII. cap. 20.

[357] Printed in STRYPE, Eccles. Mem., vol. i. p. 201. Strype, knowing nothing of the first answer, and perceiving in the second an allusion to one preceding, has supposed that this answer followed the third and last, and was in fact a retractation of it. All obscurity is removed when the three replies are arranged in their legitimate order.

[358] STRYPE, Eccles. Mem., vol. i. p. 199, etc.

[359] 23 Hen. VIII. cap. 20.

[360] STOW, p. 562.

[361] "In connection with the Annates Act, the question of appeals to Rome had been discussed in the present session. Sir George Throgmorton had spoken on the papal side, and in his subsequent confession he mentioned a remarkable interview which he had had with More.

"After I had reasoned to the Bill of Appeals," he said, "Sir Thomas More, then being chancellor, sent for me to come and speak with him in the parliament chamber. And when I came to him he was in a little chamber within the parliament chamber, where, as I remember, stood an altar, or a thing like unto an altar, whereupon he did lean and, as I do think, the same time the Bishop of Bath was talking with him. And then he said this to me, I am very glad to hear the good report that goeth of you, and that ye be so good a Catholic man as ye be. And if ye do continue in the same way that ye begin, and be not afraid to say your conscience, ye shall deserve great reward of God, and thanks of the King's Grace at length, and much worship to yourself."—Throgmorton to the King: MS. State Paper Office.

[362] In part of it he speaks in his own person. Vide supra, cap. 3.

[363] BURNET'S Collectanea, p. 435.

[364] Note of the Revelations of Elizabeth Barton: Rolls House MS.

[365] It has been thought that the Tudor princes and their ministers carried out the spy system to an iniquitous extent,—that it was the great instrument of their Machiavellian policy, introduced by Cromwell, and afterwards developed by Cecil and Walsingham. That both Cromwell and Walsingham availed themselves of secret information, is unquestionable,—as I think it is also unquestionable that they would have betrayed the interests of their country if they had neglected to do so. Nothing, in fact, except their skill in fighting treason with its own weapons, saved England from a repetition of the wars of the Roses, envenomed with the additional fury of religious fanaticism. But the agents of Cromwell, at least, were all volunteers;—their services were rather checked than encouraged; and when I am told, by high authority, that in those times an accusation was equivalent to a sentence of death, I am compelled to lay so sweeping a charge of injustice by the side of a document which forces me to demur to it. "In the reign of the Tudors," says a very eminent writer, "the committal, arraignment, conviction, and execution of any state prisoner, accused or suspected, or under suspicion of being suspected of high treason, were only the regular terms in the series of judicial proceedings." This is scarcely to be reconciled with the 10th of the 37th of Hen. VIII., which shows no desire to welcome accusations, or exaggerated readiness to listen to them.

"Whereas," says that Act, "divers malicious and evil disposed persons of their perverse, cruel, and malicious intents, minding the utter undoing of some persons to whom they have and do bear malice, hatred, and evil will, have of late most devilishly practised and devised divers writings, wherein hath been comprised that the same persons to whom they bear malice should speak traitorous words against the King's Majesty, his crown and dignity, or commit divers heinous and detestable treasons against the King's Highness, where, in very deed, the persons so accused never spake nor committed any such offence; by reason whereof divers of the king's true, faithful, and loving subjects have been put in fear and dread of their lives and of the loss and forfeiture of their lands and chattels—for reformation hereof, be it enacted, that if any person or persons, of what estate, degree, or condition he or they shall be, shall at any time hereafter devise, make, or write, or cause to be made any manner of writing comprising that any person has spoken, committed, or done any offence or offences which now by the laws of this realm be made treason, or that hereafter shall be made treason, and do not subscribe, or cause to be subscribed, his true name to the said writing, and within twelve days next after ensuing do not personally come before the king or his council, and affirm the contents of the said writings to be true, and do as much as in him shall be for the approvement of the same, that then all and every person or persons offending as aforesaid, shall be deemed and adjudged a felon or felons; and being lawfully convicted of such offence, after the laws of the realm, shall suffer pains of death and loss and forfeiture of lands, goods, and chattels, without benefit of clergy or privilege of sanctuary to be admitted or allowed in that behalf."

[366] Accusation brought by Robert Wodehouse, Prior of Whitby, against the Abbot, for slanderous words against Anne Boleyn: Rolls House MS.

[367] Deposition of Robert Legate concerning the Language of the Monks of Furness: Rolls House MS.

[368] ELLIS, third series, vol. ii. p. 254.

[369] Father Forest hath laboured divers manner of ways to expulse Father Laurence out of the convent, and his chief cause is, because he knoweth that Father Laurence will preach the king's matter whensoever it shall please his Grace to command him.—Ibid. p. 250.

[370] Ibid. p. 251.

[371] Lyst to Cromwell. Ibid. p. 255. STRYPE, Eccles. Memor., vol. i. Appendix, No. 47.

[372] STOW'S Annals, p. 562. This expression passed into a proverb, although the words were first spoken by a poor friar; they were the last which the good Sir Humfrey Gilbert was heard to utter before his ship went down.

[373] Vaughan to Cromwell: State Papers, vol. vii. p. 489-90. "I learn that this book was first drawn by the Bishop of Rochester, and so being drawn, was by the said bishop afterwards delivered in England to two Spaniards, being secular and laymen. They receiving his first draught, either by themselves or some other Spaniards, altered and perfinished the same into the form that it now is; Peto and one Friar Elstowe of Canterbury, being the only men that have and do take upon themselves to be conveyers of the same books into England, and conveyers of all other things into and out of England. If privy search be made, and shortly, peradventure in the house of the same bishop shall be found his first copy. Master More hath sent oftentimes and lately books unto Peto, in Antwerp—as his book of the confutation of Tyndal, and of Frith's opinion of the sacrament, with divers other books. I can no further learn of More's practices, but if you consider this well, you may perchance espy his craft. Peto laboureth busylier than a bee in the setting forth of this book. He never ceaseth running to and from the court here. The king never had in his realm traitors like his friars—[Vaughan wrote "clergy." The word in the original is dashed through, and "friars" is substituted, whether by Cromwell or by himself in an afterthought, I do not know]—and so I have always said, and yet do. Let his Grace look well about him, for they seek to devour him. They have blinded his Grace."

[374] ELLIS, third series, vol. ii. p. 262, etc.

[375] The wishes of the French Court had been expressed emphatically to Clement in the preceding January. Original copies of the two following letters are in the Bibliotheque Imperial at Paris:—

The Cardinal of Lorraine to Cardinal —— at Rome.

"Paris, Jan. 8, 1531-2.

"RIGHT REVEREND FATHER AND LORD IN CHRIST.—After our most humble commendations—The King of England complains loudly that his cause is not remanded into his own country; he says that it cannot be equitably dealt with at Rome, where he cannot be present. He himself, the Queen, and the other witnesses, are not to be dragged into Italy to give their evidence; and the suits of the Sovereigns of England and France have always hitherto been determined in their respective countries.

"Nevertheless, by no entreaty can we prevail on the Pope to nominate impartial judges who will decide the question in England.

"The King's personal indignation is not the only evil which has to be feared. When these proceedings are known among the people, there will, perhaps, be a revolt, and the Apostolic See may receive an injury which will not afterwards be easily remedied.

"I have explained these things more at length to his Holiness, as my duty requires. Your affection towards him, my lord, I am assured is no less than mine. I beseech you, therefore, use your best endeavours with his Holiness, that the King of England may no longer have occasion to exclaim against him. In so doing you will gratify the Most Christian King, and you will follow the course most honourable to yourself and most favourable to the quiet of Christendom.

"From Abbeville."

Francis the First to Pope Clement the Seventh.

"Paris, Jan. 10, 1531-2.

"MOST HOLY FATHER,—You are not ignorant what our good brother and ally the King of England demands at your hands. He requires that the cognisance of his marriage be remanded to his own realm, and that he be no further pressed to pursue the process at Rome. The place is inconvenient from its distance, and there are other good and reasonable objections which he assures us that he has urged upon your Holiness's consideration.

"Most Holy Father, we have written several times to you, especially of late from St. Cloud, and afterwards from Chantilly, in our good brother's behalf; and we have further entreated you, through our ambassador residing at your Court, to put an end to this business as nearly according to the wishes of our said good brother as is compatible with the honour of Almighty God. We have made this request of you as well for the affection and close alliance which exist between ourselves and our brother, as for the filial love and duty with which we both in common regard your Holiness.

"Seeing, nevertheless, Most Holy Father, that the affair in question is still far from settlement, and knowing our good brother to be displeased and dissatisfied, we fear that some great scandal and inconvenience may arise at last which may cause the diminution of your Holiness's authority. There is no longer that ready obedience to the Holy See in England which was offered to your predecessors; and yet your Holiness persists in citing my good brother the King of England to plead his cause before you in Rome. Surely it is not without cause that he calls such treatment of him unreasonable. We have ourselves examined into the law in this matter, and we are assured that your Holiness's claim is unjust and contrary to the privilege of kings. For a sovereign to leave his realm and plead as a suitor in Rome, is a thing wholly impossible,[377] and therefore, Holy Father, we have thought good to address you once more in this matter. Bear with us, we entreat you. Consider our words, and recall to your memory what by letter and through our ministers we have urged upon you. Look promptly to our brother's matter, and so act that your Holiness may be seen to value and esteem our friendship. What you do for him, or what you do against him, we shall take it as done to ourselves.

"Holy Father, we will pray the Son of God to pardon and long preserve your Holiness to rule and govern our Holy Mother the Church.—FRANCIS."

[376] State Papers, vol. vii. p. 428. LEGRAND, vol. iii.

[377] Chose beaucoup plus impossible que possible.

[378] LORD HERBERT, p. 160. RYMER, vol. vi. part ii. p. 171.

[379] Francis seems to have desired that the intention of the interview should be kept secret. Henry found this impossible. "Monseigneur," wrote the Bishop of Paris to the Grand Master, "quant a tenir la chose secrette comme vous le demandez, il est mal aise; combien que ce Roy fust bien de cest advis, sinon qu'il le treuve impossible; car a cause de ces provisions et choses, qu'il fault faire en ce Royaulme, incontinent sera sceu a Londres, et de la par tout le monde. Pourquoy ne faictes vostre compte qu'on le puisse tenir secret.

"Monseigneur, je scay veritablement et de bon lieu que le plus grant plaisir que le Roy pourroit faire au Roy son frere et a Madame Anne, c'est que le dit seigneur m'escripre que je requiere le Roy son dit frere qu'il veuille mener la dicte Dame Anne avec luy a Callais pour la veoir et pour la festoyer, afin qu'ils ne demeurrent ensembles sans compagnie de dames, pour ce que les bonnes cheres en sont tous jours meilleures: mais il fauldroit que en pareil le Roy menast la Royne de Navarre a Boulogne, pour festoyer le Roy d'Angleterre.

"Quant a la Royne pour rien ce Roy ne vouldroit qu'elle vint: Il haeit cest habillement a l'Espagnolle, tant qu'il luy semble veoir un diable. Il desireroit qu'il pleust au Roy mener a Boulogne, messeigneurs ses enfans pour les veoir.

"Surtout je vous prie que vous ostez de la court deux sortes de gens, ceulx qui sont imperiaulx, s'aucuns en y a, et ceux qui ont la reputation d'estre mocqueurs et gaudisseurs, car c'est bien la chose en ce monde autant haeie de ceste nation."—Bishop of Paris to the Grand Master: LEGRAND, vol. iii. pp. 555, 556.

[380] Sir Gregory Cassalis to Henry VIII.: BURNET'S Collectanea, p. 433. Valde existimabam necessarium cum hoc Principe (i.e., Francis) agere ut duobus Cardinalibus daret in mandatis ut ante omnes Cardinalis de Monte meminissent, eique pensionem annuam saltem trium millium aureorum ex quadraginta millibus quae mihi dixerat velle in Cardinales distribuere, assignaret. Et Rex quidem haec etiam scribi ad duos Cardinales jussit secretario Vitandri. Quicum ego postmodo super iis pensionibus sermonem habui, cognovique sic in animo Regem habere ut duo Cardinales cum Romae fuerint, videant, qui potissimum digni hac Regia sint liberalitate; in eosque quum quid in Regno Galliae ecclesiasticum vacare contigerit ex meritis uniuscujusque pensiones conferantur. Tunc autem nihil in promptu haberi quod Cardinali de Monte dari possit—verum Regio nomine illi de futuro esse promittendum quod mihi certe summopere displicuit; et secretario Vitandri non reticui ostendens pollicitationes hujusmodi centies jam Cardinali de Monte factas fuisse; et modo si iterum fiant nihil effecturas nisi ut illius viri quasi ulcera pertractent; id quod Vitandris verum esse fatebatur pollicitusque est se, quum Rex a venatu rediisset velle ei suadere ut Cardinalem de Monte aliqua presenti pensione prosequatur; qua quidem tibi nihil conducibilius aut opportunius fieri possit.

[381] State Papers, vol. iv. p. 612.

[382] Ibid, p. 616.

[383] The State Papers contain a piteous picture of this business, the hereditary feuds of centuries bursting out on the first symptoms of ill-will between the two governments, with fire and devastation.—State Papers, vol. iv. p. 620-644.

[384] If the said Earl of Angus do make unto us oath of allegiance, and recognises us as Supreme Lord of Scotland, and as his prince and sovereign, we then, the said earl doing the premises, by these presents bind ourself to pay yearly to the said earl the sum of one thousand pounds sterling.—Henry VIII. to the Earl of Angus: State Papers, vol. iv. p. 613.

[385] A letter of Queen Catherine to the Emperor, written on the occasion of this visit, will be read with interest:—

"HIGH AND MIGHTY LORD,—Although your Majesty is occupied with your own affairs and with your preparations against the Turk, I cannot, nevertheless, refrain from troubling you with mine, which perhaps in substance and in the sight of God are of equal importance. Your Majesty knows well, that God hears those who do him service, and no greater service can be done than to procure an end in this business. It does not concern only ourselves—it concerns equally all who fear God. None can measure the woes which will fall on Christendom, if his Holiness will not act in it and act promptly. The signs are all around us in new printed books full of lies and dishonesty—in the resolution to proceed with the cause here in England—in the interview of these two princes, where the king, my lord, is covering himself with infamy through the companion which he takes with him. The country is full of terror and scandal; and evil may be looked for if nothing be done, and inasmuch as our only hope is in God's mercy, and in the favour of your Majesty, for the discharge of my conscience, I must let you know the strait in which I am placed.

"I implore your Highness for the service of God, that you urge his Holiness to be prompt in bringing the cause to a conclusion. The longer the delay the harder the remedy will be.

"The particulars of what is passing here are so shocking, so outrageous against Almighty God, they touch so nearly the honour of my Lord and husband, that for the love I bear him, and for the good that I desire for him, I would not have your Highness know of them from me. Your ambassador will inform you of all."—Queen Catherine to Charles V. September 18.—MS. Simancas.

The Emperor, who was at Mantua, was disturbed at the meeting at Boulogne, on political grounds as well as personal. On the 24th of October he wrote to his sister, at Brussels.

Charles the Fifth to the Regent Mary.

Mantua, October 16, 1532.

I found your packets on arriving here, with the ambassadors' letters from France and England. The ambassadors will themselves have informed you of the intended conference of the Kings. The results will make themselves felt ere long. We must be on our guard, and I highly approve of your precautions for the protection of the frontiers.

As to the report that the King of England means to take the opportunity of the meeting to marry Anne Boleyn, I can hardly believe that he will be so blind as to do so, or that the King of France will lend himself to the other's sensuality. At all events, however, I have written to my ministers at Rome, and I have instructed them to lay a complaint before the Pope, that, while the process is yet pending, in contempt of the authority of the Church, the King of England is scandalously bringing over the said Anne with him, as if she were his wife.

His Holiness and the Apostolic See will be the more inclined to do us justice, and to provide as the case shall require.

Should the King indeed venture the marriage—as I cannot think he will—I have desired his Holiness not only not to sanction such conduct openly, but not to pass it by in silence. I have demanded that severe and fitting sentence be passed at once on an act so wicked and so derogatory to the Apostolic See.—The Pilgrim, p. 89.

[386] There can be little doubt of this. He was the child of the only intrigue of Henry VIII. of which any credible evidence exists. His mother was Elizabeth, daughter of Sir John Blunt, an accomplished and most interesting person; and the offspring of the connection, one boy only, was brought up with the care and the state of a prince. Henry FitzRoy, as he was called, was born in 1519, and when six years old was created Earl of Nottingham and Duke of Richmond and Somerset, the title of the king's father.

In 1527, before the commencement of the disturbance on the divorce, Henry endeavoured to negotiate a marriage for him with a princess of the imperial blood; and in the first overtures gave an intimation which could not be mistaken, of his intention, if possible, to place him in the line of the succession. After speaking of the desire which was felt by the King of England for some connection in marriage of the Houses of England and Spain, the ambassadors charged with the negotiation were to say to Charles, that—

"His Highness can be content to bestow the Duke of Richmond and Somerset (who is near of his blood, and of excellent qualities, and is already furnished to keep the state of a great prince, and yet may be easily by the king's means exalted to higher things) to some noble princess of his near blood."—ELLIS, third series, vol. ii. p. 121.

He was a gallant, high-spirited boy. A letter is extant from him to Wolsey, written when he was nine years old, begging the cardinal to intercede with the king, "for an harness to exercise myself in arms according to my erudition in the Commentaries of Caesar."—Ibid. p. 119.

He was brought up with Lord Surrey, who has left a beautiful account of their boyhood at Windsor—their tournaments, their hunts, their young loves, and passionate friendship. Richmond married Surrey's sister, but died the year after, when only seventeen; and Surrey revisiting Windsor, recalls his image among the scenes which they had enjoyed together, in the most interesting of all his poems. He speaks of

The secret grove, which oft we made resound Of pleasant plaint and of our ladies' praise; Recording oft what grace each one had found, What hope of speed, what dread of long delays. The wild forest; the clothed holts with green; With reins availed, and swift y-breathed horse, With cry of hounds, and merry blasts between, Where we did chase the fearful hart of force. The void walls eke that harboured us each night, Wherewith, alas! reviveth in my breast The sweet accord, such sleeps as yet delight The pleasant dream, the quiet bed of rest; The secret thought imparted with such trust. The wanton talk, the divers change of play, The friendship sworn, each promise kept so just, Wherewith we past the winter nights away.

[387] Compare LORD HERBERT with A Paper of Instructions to Lord Rochfort on his Mission to Paris: State Papers, vol. vii. p. 427, etc.; and A Remonstrance of Francis I. to Henry VIII.: LEGRAND, vol. iii. p. 571, etc. It would be curious to know whether Francis ever actually wrote to the pope a letter of which Henry sent him a draft. If he did, there are expressions contained in it which amount to a threat of separation. In case the pope was obstinate Francis was to say, "Lors force seroit de pourvoir audict affaire, par autres voyes et facons, qui peut etre, ne vous seroint gueres agreable."—State Papers, vol. vii. p. 436.

[388] A nostre derniere entrevue sur la fraternelle et familiere communication que nous eusmes ensemble de noz affaires venant aux nostres, Luy declarasmes comme a tord et injustment nous estions affligez, dilayez, et fort ingratemeut manniez et troublez, en nostre dicte grande et pesante matiere de marriage par la particuliere affection de l'empereur et du pape. Lesquelz sembloient par leurs longues retardations de nostre dicte matiere ne sercher autre chose, sinon par longue attente et laps de temps, nous frustrer malicieusement du propoz, qui plus nous induict a poursuivir et mettre avant la dicte matiere; c'est davoir masculine succession et posterite en laquelle nous etablirons (Dieu voulant) le quiet repoz et tranquillite de notre royaulme et dominion. Son fraternel, plain, et entier advis (et a bref dire le meilleur qui pourroit estre) fut tel; il nous conseilla de ne dilayer ne protractor le temps plus longuement, mais en toute celerite proceder effectuellement a laccomplisment et consummation de nostre marriage.—Henry VIII. to Rochfort: State Papers, vol. vii. p. 428-9.

[389] The extent of Francis's engagements, as Henry represents them, was this:—He had promised qu'en icelle nostre dicte cause jamais ne nous abandonneroit quelque chose que sen ensuyst; ainsi de tout son pouvoir l'establiroit, supporteroit, aideroit et maintiendroit notre bon droict, et le droict de la posterite et succession qui sen pourroit ensuyr; et a tous ceulz qui y vouldroyent mettre trouble, empeschement, encombrance, ou y procurer deshonneur, vitupere, ou infraction, il seroit enemy et adversaire de tout son pouvoir, de quelconque estat qu'il soit, fust pape ou empereur,—avecque plusieurs autres consolatives paroles. This he wished Francis to commit to paper. Car autant de fois, que les verrions, he says, qui seroit tous les jours, nous ne pourrions, si non les liscent, imaginer et reduire a notre souvenance la bonne grace facunde et geste, dont il les nous prononcait, et estimer estre comme face a face, parlans avecque luy.—State Papers, vol. vii. p. 437. Evidently language of so wide a kind might admit of many interpretations.

[390] LEGRAND, vol. iii. p. 571, etc.

[391] Note of the Revelations of Eliz. Barton: Rolls House MS. Suppression of the Monasteries, p. 17.

The intention was really perhaps what the nun said. An agent of the government at Brussels, who was watching the conference, reported on the 12th of November:—"The King of England did really cross with the intention of marrying; but, happily for the emperor, the ceremony is postponed. Of other secrets, my informant has learned thus much. They have resolved to demand as the portion of the Queen of France, Artois, Tournay, and part of Burgundy. They have also sent two cardinals to Rome to require the Pope to relinquish the tenths, which they have begun to levy for themselves. If his Holiness refuse, the King of England will simply appropriate them throughout his dominions. Captain —— heard this from the king's proctor at Rome, who has been with him at Calais, and from an Italian named Jeronymo, whom the Lady Anne has roughly handled for managing her business badly. She trusted that she would have been married in September.

"The proctor told her the Pope delayed sentence for fear of the Emperor. The two kings, when they heard this, despatched the cardinals to quicken his movements; and the demand for the tenths is thought to have been invented to frighten him.

"They are afraid that the Emperor may force his Holiness into giving sentence before the cardinals arrive. Jeronymo has been therefore sent forward by post to give him notice of their approach, and to require him to make no decision till they have spoken with him."—The Pilgrim, p. 89.

[392] 25 Hen. VIII. cap. 12.

[393] Revelations of Eliz. Barton: Rolls House MS.

[394] State Papers, vol. vii. pp. 435, 468.

[395] Letter from ——, containing an account of an interview with his Holiness: Rolls House MS.

[396] This proposal was originally the king's (see chapter 2), but it had been dropped because one of the conditions of it had been Catherine's "entrance into religion." The pope, however, had not lost sight of the alternative, as one of which, in case of extremity, he might avail himself; and, in 1530, in a short interval of relaxation, he had definitely offered the king a dispensation to have two wives, at the instigation, curiously, of the imperialists. The following letter was written on that occasion to the king by Sir Gregory Cassalis:—

Serenissime et potentissime domine rex, domine mi supreme humillima commendatione premissa, salutem et felicitatem. Superioribus diebus Pontifex secreto, veluti rem quam magni faceret, mihi proposuit conditionem hujusmodi; concedi posse vestrae majestati, ut duas uxores habeat; cui dixi nolle me provinciam suscipere ea de re scribendi, ob eam causam quod ignorarem an inde vestrae conscientiae satisfieri posset quam vestra majestas imprimis exonerare cupit. Cur autem sic responderem, illud in causa fuit, quod ex certo loco, unde quae Caesariani moliantur aucupari soleo exploratum certumque habebam Caesarianos illud ipsum quaerere et procurare. Quem vero ad finem id quaerant pro certo exprimere non ausim. Id certe totum vestrae prudentiae considerandum relinquo. Et quamvis dixerim Pontifici, nihil me de eo scripturum, nolui tamen majestati vestrae hoc reticere; quae sciat omni me industria laborasse in iis quae nobis mandat exequendis et cum Anconitano qui me familiariter uti solet, omnia sum conatus. De omnibus autem me ad communes literas rejicio. Optime valeat vestra majestas.—Romae die xviii. Septembris, 1530.

Clarissimi vestrai Majestatis, Humillimus servus,

GREGORIUS CASSALIS,

—LORD HERBERT, p. 140.

[397] State Papers, vol. vii. p. 394, etc.

[398] The obtaining the opinion in writing of the late Cardinal of Ancona, and submitting it to the emperor. This minister, the most aged as well as the most influential member of the conclave, had latterly been supposed to be inclined to advise a conciliatory policy towards England; and his judgment was of so much weight that it was thought likely that the emperor would have been unable to resist the publication of it, if it was given against him. At the critical moment of the Bologna interview this cardinal unfortunately died: he had left his sentiments, however, in the hands of his nephew, the Cardinal of Ravenna, who, knowing the value of his legacy, was disposed to make a market of it. It was a knavish piece of business. The English ambassadors offered 3000 ducats; Charles bid them out of the field with a promise of church benefices to the extent of 6000 ducats; he did not know precisely the terms of the judgment, or even on which side it inclined, but in either case the purchase was of equal importance to him, either to produce it or to suppress it. The French and English ambassadors then combined, and bid again with church benefices in the two countries, of equal value with those offered by Charles, with a promise of the next English bishopric which fell vacant, and the original 3000 ducats as an initiatory fee. There was a difficulty in the transaction, for the cardinal would not part with the paper till he had received the ducats, and the ambassadors would not pay the ducats till they had possession of the paper. The Italian, however, proved an overmatch for his antagonists. He got his money, and the judgment was not produced after all.—State Papers, vol. vii. pp. 397-8, 464. BURNET, vol. iii. p. 108.

[399] Bennet to Henry VIII.: State Papers, vol. vii. p. 402.

[400] Sir Gregory Cassalis to the King: Rolls House M.S., endorsed by Henry, Litterae in Pontificis dicta declaratoriae quae maxime causam nostram probant.

[401] There was a tradition (it cannot be called more), that no Englishman could be compelled against his will to plead at a foreign tribunal. "Ne Angli extra Angliam litigare cogantur."

[402] Henry VIII. to the Ambassadors with the Pope: Rolls House M.S.

[403] Ibid.

[404] So at least the English government was at last convinced, as appears in the circular to the clergy, printed in BURNET'S Collectanea, p. 447, etc. I try to believe, however, that the pope's conduct was rather weak than treacherous.

[405] So at least Cranmer says; but he was not present, nor was he at the time informed that it was to take place.—ELLIS, first series, vol. ii. p. 32. The belief, however, generally was, that the marriage took place in November; and though Cranmer's evidence is very strong, his language is too vague to be decisive.

[406] Individual interests have to yield necessarily and justly to the interests of a nation, provided the conduct or the sacrifice which the nation requires is not sinful. That there would have been any sin on Queen Catherine's part if she had consented to a separation from the king, was never pretended; and although it is a difficult and delicate matter to decide how far unwilling persons may be compelled to do what they ought to have done without compulsion, yet the will of a single man or woman cannot be allowed to constitute itself an irremovable obstacle to a great national good.

[407] It is printed by LORD HERBERT, and in LEGRAND, vol. iii.

[408] LEGRAND, vol. iii. p. 558, etc.

[409] Ye may show unto his Holiness that ye have heard from a friend of yours in Flanders lately, that there hath been set up certain writings from the See Apostolic, in derogation both of justice and of the affection lately showed by his Holiness unto us; which thing ye may say ye can hardly believe to be true, but that ye reckon them rather to be counterfeited. For if it should be true, it is a thing too far out of the way, specially considering that you and other our ambassadors be there, and have heard nothing of the matter. We send a copy of these writings unto you, which copy we will in no wise that ye shall show to any person which might think that ye had any knowledge from us nor any of our council, marvelling greatly if the same hath proceeded indeed from the pope; [and] willing you expressly not to show that ye had it of us.—State Papers, vol. vii. p. 421.

[410] State Papers, vol. vii. p. 454.

[411] Sir John Wallop to Henry: State Papers, vol. vii. p. 422.

[412] Francis represented himself to Henry as having refused with a species of bravado. "He told me," says Sir John Wallop, "that he had announced previously that he would consent to no such interview, unless your Highness were also comprised in the same; and if it were so condescended that your Highness and he should be then together, yet you two should go after such a sort and with such power that you would not care whether the pope and emperor would have peace or else coups de baston."—Wallop to Henry, from Paris, Feb. 22. But this was scarcely a complete account of the transaction; it was an account only of so much of it as the French king was pleased to communicate. The emperor was urgent for a council. The pope, feeling the difficulty either of excluding or admitting the Protestant representatives, was afraid of consenting to it, and equally afraid of refusing. The meeting proposed to Francis was for the discussion of this difficulty; and Francis, in return, proposed that the great Powers, Henry included, should hold an interview, and arrange beforehand the conclusions at which the council should arrive. This naive suggestion was waived by Charles, apparently on grounds of religion. LORD HERBERT, Kennet's Edit. p. 167.

[413] The emperor's answer touching this interview is come, and is, in effect, that if the pope shall judge the said interview to be for the wealth and quietness of Christendom, he will not be seen to dissuade his Holiness from the same; but he desired him to remember what he showed to his Holiness when he was with the same, at what time his Holiness offered himself for the commonwealth to go to any place to speak with the French king.—Bennet to Henry VIII.; State Papers, vol. vii. p. 464.

[414] The estrapade was an infernal machine introduced by Francis into Paris for the better correction of heresy. The offender was slung by a chain over a fire, and by means of a crane was dipped up and down into the flame, the torture being thus prolonged for an indefinite time. Francis was occasionally present in person at these exhibitions, the executioner waiting his arrival before commencing the spectacle.

[415] 24 Hen. VIII. cap. 13.

[416] 24 Hen. VIII. cap. 12

[417] State Papers, vol. vii. p. 441.

[418] D'Inteville to Francis the First: MS. Bibliotheque Imperial, Paris—Pilgrim, p. 92.

[419] 24 Hen. VIII. cap. 12.

[420] He had been selected as Warham's successor; and had been consecrated on the 30th of March, 1533. On the occasion of the ceremony when the usual oath to the Pope was presented to him, he took it with a declaration that his first duty and first obedience was to the crown and laws of his own country. It is idle trifling, to build up, as too many writers have attempted to do, a charge of insincerity upon an action which was forced upon him by the existing relation between England and Rome. The Act of Appeals was the law of the land. The separation from communion with the papacy was a contingency which there was still a hope might be avoided. Such a protest as Cranmer made was therefore the easiest solution of the difficulty. See it in STRYPE'S Cranmer, Appendix, p. 683.

[421] BURNET, Vol. iii. pp. 122-3

[422] Bennet to Henry VIII.: State Papers, vol. vii. p. 402. Sir Gregory Cassalis to the same: Rolls House MS.

[423] BURNET, vol. iii. p. 123.

[424] Ibid. vol. i. p. 210.

[425] See State Papers, vol. i. pp. 415, 420, etc.

[426] BURNET'S Collectanea, p. 22. It is very singular that in the original Bull of Julius, the expression is "forsan consummavissetis;" while in the brief, which, if it was genuine, was written the same day, and which, if forged, was forged by Catherine's friends, there is no forsan. The fact is stated absolutely.

[427] LORD HERBERT, p. 163. BURNET. vol. iii. p. 123.

[428] State Papers, vol. i. pp. 390. 391.

[429] Ye therefore duly recognising that it becometh you not, being our subject, to enterprise any part of your said office in so weighty and great a cause pertaining to us being your prince and sovereign, without our licence obtained so to do; and therefore in your most humble wise ye supplicate us to grant unto you our licence to proceed.—State Papers, vol. i. p. 392.

[430] State Papers, vol. i. p. 392.

[431] Cromwell to the King on his Committal to the Tower: BURNET, Collectanea, p. 500.

[432] So at least she called him a few days later.—State Papers, vol. i. p. 420. We have no details of her words when she was summoned; but only a general account of them.—State Papers, vol. i. p. 394-5.

[433] The words of the sentence may be interesting:—"In the name of God, Amen. We, Thomas, by Divine permission Archbishop of Canterbury, Primate of all England, and Legate of the Apostolic See, in a certain cause of inquiry of and concerning the validity of the marriage contracted and consummated between the most potent and most illustrious Prince, our Sovereign Lord, Henry VIII., by the grace of God King of England and France, Defender of the Faith, and Lord of Ireland, and the most serene Princess, Catherine, daughter of his Most Catholic Majesty, Ferdinand, King of Spain, of glorious memory, we proceeding according to law and justice in the said cause which has been brought judicially before us in virtue of our office, and which for some time has lain under examination, as it still is, being not yet finally determined and decided; having first seen all the articles and pleas which have been exhibited and set forth of her part, together with the answers made thereto on the part of the most illustrious and powerful Prince, Henry VIII.; having likewise seen and diligently inspected the informations and depositions of many noblemen and other witnesses of unsuspected veracity exhibited in the said cause; having also seen and in like manner carefully considered not only the censures and decrees of the most famous universities of almost the whole Christian world, but likewise the opinions and determinations both of the most eminent divines and civilians, as also the resolutions and conclusions of the clergy of both Provinces of England in Convocation assembled, and many other wholesome instructions and doctrines which have been given in and laid before us concerning the said marriage; having further seen and in like manner inspected all the treaties and leagues of peace and amity on this account entered upon and concluded between Henry VII., of immortal fame, late King of England, and the said Ferdinand, of glorious memory, late King of Spain; having besides seen and most carefully weighed all and every of the acts, debates, letters, processes, instruments, writs, arguments, and all other things which have passed and been transacted in the said cause at any time; in all which thus seen and inspected, our most exact care in examining, and our most mature deliberation in weighing them hath by us been used, and all other things have been observed by us, which of right in this matter were to be observed; furthermore, the said most illustrious Prince, Henry VIII., in the forementioned cause, by his proper Proctor having appeared before us, but the said most serene Lady Catherine in contempt absenting herself (whose absence we pray that the divine presence may compensate) [cujus absentia Divina repleatur praesentia. Lord Herbert translates it, "whose absence may the Divine presence attend," missing, I think, the point of the Archbishop's parenthesis] by and with the advice of the most learned in the law, and of persons of most eminent skill in divinity whom we have consulted in the premises, we have found it our duty to proceed to give our final decree and sentence in the said cause, which, accordingly, we do in this manner.

"Because by acts, warrants, deductions, propositions, exhibitions, allegations, proofs and confessions, articles drawn up, answers of witnesses, depositions, informations, instruments, arguments, letters, writs, censures, determinations of professors, opinions, councils, assertions, affirmations, treaties, and leagues of peace, processes, and other matters in the said cause, as is above mentioned, before us laid, had, done, exhibited, and respectively produced, as also from the same and sundry other reasons, causes, and considerations, manifold arguments, and various kinds of proof of the greatest evidence, strength, and validity, of which in the said cause we have fully and clearly informed ourselves, we find, and with undeniable evidence and plainness see that the marriage contracted and consummated, as is aforesaid, between the said most illustrious Prince, Henry VIII., and the most serene Lady Catherine, was and is null and invalid, and that it was contracted and consummated contrary to the law of God: therefore, we, Thomas, Archbishop, Primate, and Legate aforesaid, having first called upon the name of Christ for direction herein, and having God altogether before our eyes, do pronounce sentence, and declare for the invalidity of the said marriage, decreeing that the said pretended marriage always was and still is null and invalid; that it was contracted and consummated contrary to the will and law of God, that it is of no force or obligation, but that it always wanted, and still wants, the strength and sanction of law; and therefore we sentence that it is not lawful for the said most illustrious Prince, Henry VIII., and the said most serene Lady Catherine, to remain in the said pretended marriage; and we do separate and divorce them one from the other, inasmuch as they contracted and consummated the said pretended marriage de facto, and not de jure; and that they so separated and divorced are absolutely free from all marriage bond with regard to the foresaid pretended marriage, we pronounce, and declare by this our definitive sentence and final decree, which we now give, and by the tenour of these present writings do publish. May 23rd, 1533."—BURNET'S Collectanea, p. 68, and LORD HERBERT.

[434] HALL.

[435] Ibid.

[436] Ibid. p. 801. Hall was most likely an eye-witness, and may be thoroughly trusted in these descriptions. Whenever we are able to test him, which sometimes happens, by independent contemporary accounts, he proves faithful in the most minute particulars.

[437] FOXE, vol. v. p. III.

[438] Northumberland to Henry VIII.: State Papers, vol. iv. pp. 598-9.

[439] Hawkins to Henry VIII.: Ibid. vol. vii. p. 488.

[440] BURNET. vol. iii. p. 115.

[441] State Papers, vol. i. p. 398.

[442] Papers relating to the Nun of Kent: Rolls House MS.

[443] ELLIS, first series, vol. ii. p. 43.

[444] Cotton M.S. Otho X, p. 199. State Papers, vol. i. p. 397.

[445] State Papers, vol. i. p. 403.

[446] Cromwell had endeavoured to save Frith, or at least had been interested for him. Sir Edmund Walsingham, writing to him about the prisoners in the Tower, says:—"Two of them wear irons, and Frith weareth none. Although he lacketh irons, he lacketh not wit nor pleasant tongue. His learning passeth my judgment. Sir, as ye said, it were great pity to lose him if he may be reconciled."—Walsingham to Cromwell: M.S. State Paper Office, second series, vol. xlvi.

[447] ELLIS, first series, vol. ii. p. 40.

[448] "The natural body and blood of our Saviour Christ are in Heaven, and not here, it being against the truth of Christ's natural body to be at one time in more places than one." The argument and the words in which it is expressed were Frith's.—See FOXE, vol. v. p. 6.

[449] The origin of the word Lollards has been always a disputed question. I conceive it to be from Lolium. They were the "tares" in the corn of Catholicism.

[450] 35 Ed. I.; Statutes of Carlisle, cap. 1-4.

[451] Ibid.

[452] 25 Ed. III. stat. 4. A clause in the preamble of this act bears a significantly Erastian complexion: come seinte Eglise estoit founde en estat de prelacie deins le royaulme Dengleterre par le dit Roi et ses progenitours, et countes, barons, et nobles de ce Royaulme et lours ancestres, pour eux et le poeple enfourmer de la lei Dieu. If the Church of England was held to have been, founded not by the successors of the Apostles, but by the king and the nobles, the claim of Henry VIII. to the supremacy was precisely in the spirit of the constitution.

[453] 38 Ed. III. stat. 2; 3 Ric. II. cap. 3; 12 Ric. II. cap. 15; 13 Ric. II. stat. 2. The first of these acts contains a paragraph which shifts the blame from the popes themselves to the officials of the Roman courts. The statute is said to have been enacted en eide et confort du pape qui moult sovent a estee trublez par tieles et semblables clamours et impetracions, et qui y meist voluntiers covenable remedie, si sa seyntetee estoit sur ces choses enfournee. I had regarded this passage as a fiction of courtesy like that of the Long Parliament who levied troops in the name of Charles I. The suspicious omission of the clause, however, in the translation of the statutes which was made in the later years of Henry VIII. justifies an interpretation more favourable to the intentions of the popes.

[454] The abbots and bishops decently protested. Their protest was read in parliament, and entered on the Rolls. Rot. Parl. iii. [264] quoted by Lingard, who has given a full account of these transactions.

[455] 13 Ric. II. stat. 2.

[456] See 16 Ric. II. cap. 5.

[457] This it will be remembered was the course which was afterwards followed by the parliament under Henry VIII. before abolishing the payment of first-fruits.

[458] Lingard says, that "there were rumours that if the prelates executed the decree of the king's courts, they would be excommunicated."—Vol. iii. p. 172. The language of the act of parliament, 16 Ric. II. cap. 5, is explicit that the sentence was pronounced.

[459] 16 Ric. II. cap. 5.

[460] Ibid.

[461] Ibid.

[462] LEWIS, Life of Wycliffe.

[463] If such scientia media might be allowed to man, which is beneath certainty and above conjecture, such should I call our persuasion that he was born in Durham.—FULLER'S Worthies, vol. i. p. 479.

[464] The Last Age of the Church was written in 1356. See LEWIS, p. 3.

[465] LELAND.

[466] LEWIS, p. 287.

[467] 1 Ric. II. cap. 13.

[468] WALSINGHAM, 206-7, apud LINGARD. It is to be observed, however, that Wycliffe himself limited his arguments strictly to the property of the clergy. See MILMAN'S History of Latin Christianity, vol. v. p. 508.

[469] WALSINGHAM, p. 275, apud LINGARD.

[470] 5 Ric. II. cap. 5.

[471] WILKINS, Concilia, iii. 160-167.

[472] De Heretico comburendo. 2 Hen. IV. cap. 15.

[473] STOW, 330, 338.

[474] Rot. Parl. iv. 24, 108, apud LINGARD; RYMER, ix. 89, 119, 129, 170, 193; MILMAN, Vol. v. p. 520-535.

[475] 2 Hen. V. stat. 1, cap. 7.

[476] There is no better test of the popular opinion of a man than the character assigned to him on the stage; and till the close of the sixteenth century Sir John Oldcastle remained the profligate buffoon of English comedy. Whether in life he bore the character so assigned to him, I am unable to say. The popularity of Henry V., and the splendour of his French wars, served no doubt to colour all who had opposed him with a blacker shade than they deserved: but it is almost certain that Shakspeare, though not intending Falstaff as a portrait of Oldcastle, thought of him as he was designing the character; and it is altogether certain that by the London public Falstaff was supposed to represent Oldcastle. We can hardly suppose that such an expression as "my old lad of the castle," should be accidental; and in the epilogue to the Second Part of Henry the Fourth, when promising to reintroduce Falstaff once more, Shakspeare says, "where for anything I know he shall die of the sweat, for Oldcastle died a martyr, and this is not the man." He had, therefore, certainly been supposed to be the man, and Falstaff represented the English conception of the character of the Lollard hero. I should add, however, that Dean Milman, who has examined the records which remain to throw light on the character of this remarkable person with elaborate care and ability, concludes emphatically in his favour.

[477] Two curious letters of Henry VI. upon the Lollards, written in 1431, are printed in the Archaeologia, vol. xxiii. p. 339, etc. "As God knoweth," he says of them, "never would they be subject to his laws nor to man's, but would be loose and free to rob, reve, and dispoil, slay and destroy all men of thrift and worship, as they proposed to have done in our father's days; and of lads and lurdains would make lords."

[478] Proceedings of an organised Society in London called the Christian Brethren, supported by voluntary contributions, for the dispersion of tracts against the doctrines of the Church: Rolls House MS.

[479] HALE'S Precedents. The London and Lincoln Registers, in FOXE, vol. iv.; and the MS. Registers of Archbishops Morton and Warham, at Lambeth.

[480] KNOX'S History of the Reformation in Scotland.

[481] Also we object to you that divers times, and specially in Robert Durdant's house, of Iver Court, near unto Staines, you erroneously and damnably read in a great book of heresy, all [one] night, certain chapters of the Evangelists, in English, containing in them divers erroneous and damnable opinions and conclusions of heresy, in the presence of divers suspected persons.—Articles objected against Richard Butler—London Register: FOXE, vol. iv. p. 178.

[482] FOXE, vol. iv. p. 176.

[483] MICHELET, Life of Luther, p. 71.

[484] Ibid.

[485] Ibid. p. 41.

[486] WOOD'S Athenae Oxonienses.

[487] FOXE, vol. iv. p. 618.

[488] The suspicious eyes of the Bishops discovered Tyndal's visit, and the result which was to be expected from it.

On Dec. 2nd, 1525, Edward Lee, afterwards Archbishop of York, then king's almoner, and on a mission into Spain, wrote from Bordeaux to warn Henry. The letter is instructive:

"Please your Highness to understand that I am certainly informed as I passed in this country, that an Englishman, your subject, at the solicitation and instance of Luther, with whom he is, hath translated the New Testament into English; and within few days intendeth to return with the same imprinted into England. I need not to advertise your Grace what infection and danger may ensue hereby if it be not withstanded. This is the next way to fulfil your realm with Lutherians. For all Luther's perverse opinions be grounded upon bare words of Scripture, not well taken, ne understanded, which your Grace hath opened in sundry places of your royal book. All our forefathers, governors of the Church of England, hath with all diligence forbid and eschewed publication of English Bibles, as appeareth in constitutions provincial of the Church of England. Nowe, sure, as God hath endued your Grace with Christian courage to sett forth the standard against these Philistines and to vanquish them, so I doubt not but that he will assist your Grace to prosecute and perform the same—that is, to undertread them that they shall not now lift up their heads; which they endeavour by means of English Bibles. They know what hurt such books hath done in your realm in times past."—Edward Lee to Henry VIII.: ELLIS, third series, vol. ii. p. 71.

[489] Answer of the Bishops: Rolls House MS. See cap. 3.

[490] Answer of the Bishops, vol. i. cap. 3.

[491] See, particularly, State Papers, vol. vii. p. 302.

[492] Proceedings of the Christian Brethren: Rolls House MS.

[493] See the letter of Bishop Fox to Wolsey: STRYPE'S Memorials, vol. i. Appendix.

[494] Particulars of Persons who had dispersed Anabaptist and Lutheran Tracts: Rolls House MS.

[495] Dr. Taylor to Wolsey: Rolls House MS. Clark to Wolsey: State Papers, vol. vii. pp. 80, 81.

[496] ELLIS, third series, vol. ii. p. 189.

[497] Memoirs of Latimer prefixed to Sermons, pp. 3, 4; and see STRYPE'S Memorials, vol. i.

[498] FOXE, vol. v. p. 416.

[499] Tunstall, Bishop of London, has had the credit hitherto of this ingenious folly, the effect of which, as Sir Thomas More warned him, could only be to supply Tyndal with money.—HALL, 762, 763. The following letter from the Bishop of Norwich to Warham shows that Tunstall was only acting in canonical obedience to the resolution of his metropolitan:—

"In right humble manner I commend me unto your good Lordship, doing the same to understand that I lately received your letters, dated at your manor of Lambeth, the 26th day of the month of May, by the which I do perceive that your Grace hath lately gotten into your hands all the books of the New Testament, translated into English, and printed beyond the sea; as well those with the glosses joined unto them as those without the glosses.

"Surely, in myn opinion, you have done therein a gracious and a blessed deed; and God, I doubt not, shall highly reward you therefore. And when, in your said letters, ye write that, insomuch as this matter and the danger thereof, if remedy had not been provided, should not only have touched you, but all the bishops within your province; and that it is no reason that the holle charge and cost thereof should rest only in you; but that they and every of them, for their part, should advance and contribute certain sums of money towards the same: I for my part will be contented to advance in this behalf, and to make payment thereof unto your servant, Master William Potkyn.

"Pleaseth it you to understand, I am well contented to give and advance in this behalf ten marks, and shall cause the same to be delivered shortly; the which sum I think sufficient for my part, if every bishop within your province make like contribution, after the rate and substance of their benefices. Nevertheless, if your Grace think this sum not sufficient for my part in this matter, your further pleasure known, I shall be as glad to conform myself thereunto in this, or any other matter concerning the church, as any your subject within your province; as knows Almighty God, who long preserve you. At Hoxne in Suffolk, the 14th day of June, 1527. Your humble obedience and bedeman,

"R. NORWICEN."

[500] FOXE, vol. iv.

[501] The papal bull, and the king's licence to proceed upon it, are printed in Rymer, vol. vi. part ii. pp. 8 and 17. The latter is explicit on Wolsey's personal liberality in establishing this foundation. Ultro et ex propria liberalitate et munificentia, nec sine gravissimo suo sumptu et impensis, collegium fundare conatur.

[502] Would God my Lord his Grace had never been motioned to call any Cambridge man to his most towardly college. It were a gracious deed if they were tried and purged and restored unto their mother from whence they came, if they be worthy to come thither again. We were clear without blot or suspicion till they came, and some of them, as Master Dean hath known a long time, hath had a shrewd name.—Dr. London to Archbishop Warham: Rolls House MS.

[503] Dr. London to Warham: Rolls House MS.

[504] DALABER'S Narrative.

[505] Clark seems to have taken pupils in the long vacation. Dalaber at least read with him all one summer in the country.—Dr. London to Warham: Rolls House MS.

[506] The Vicar of Bristol to the Master of Lincoln College, Oxford: Rolls House MS.

[507] Dr. London to Warham: Rolls House MS.

[508] Radley himself was one of the singers at Christchurch: London to Warham. MS.

[509] Dr. London to Warham: Rolls House MS.

[510] On the site of the present Worcester College. It lay beyond the walls of the town, and was then some distance from it across the fields.