98 LATIMER'S Sermons, pp. 70, 71.

99 A peculiarly hateful form of clerical impost, the priests claiming the last dress worn in life by persons brought to them for burial.

100 Fitz James to Wolsey, FOXE, vol. iv. p. 196.

101 Supplication of the Beggars; FOXE, vol. iv. p. 661. The glimpses into the condition of the monasteries which had been obtained in the imperfect visitation of Morton, bear out the pamphleteer too completely. See chapter x. of this work, second edition.

102 FOXE, vol. iv. p. 658.

103 13 Ric. II. stat. ii. c. 2; 2 Hen. IV. c. 3; 9 Hen. IV. c. 8. Lingard is mistaken in saying that the Crown had power to dispense with these statutes. A dispensing power was indeed granted by the 12th of the 7th of Ric. II. But by the 2nd of the 13th of the same reign, the king is expressly and by name placed under the same prohibitions as all other persons.

104 HALL, p. 784.

105 25 Hen. VIII. c. 22.

106 28 Hen. VIII. c. 24. Speech of Sir Ralph Sadler in parliament, Sadler Papers, vol. iii. p. 323.

107 Nor was the theory distinctly admitted, or the claim of the house of York would have been unquestionable.

108 25 Hen. VIII. c. 22, Draft of the Dispensation to be granted to Henry VIII. Rolls House MS. It has been asserted by a writer in the Tablet that there is no instance in the whole of English history where the ambiguity of the marriage law led to a dispute of title. This was not the opinion of those who remembered the wars of the fifteenth century. "Recens in quorundam vestrorum animis adhuc est illius cruenti temporis memoria," said Henry VIII. in a speech in council, "quod a Ricardo tertio cum avi nostri materni Edwardi quarti statum in controversiam vocâsset ejusque heredes regno atque vitâ privâsset illatum est."-WILKINS'S Concilia, vol. iii. p. 714. Richard claimed the crown on the ground that a precontract rendered his brother's marriage invalid, and Henry VII. tacitly allowed the same doubt to continue. The language of the 22nd of the 25th of Hen. VIII. is so clear as to require no additional elucidation; but another distinct evidence of the belief of the time upon the subject is in one of the papers laid before Pope Clement.

"Constat, in ipso regno quam plurima gravissima bella sæpe exorta, confingentes ex justis et legitimis nuptiis quorundam Angliæ regum procreatos illegitimos fore propter aliquod consangunitatis vel affinitatis confictum impedimentum et propterea inhabiles esse ad regni successionem."—Rolls House MS.; WILKINS'S Concilia, vol. iii. p. 707.

109 28 Hen. VIII. c. 24.

110 Appendix 2 to the Third Report of the Deputy-Keeper of the Public Records, p. 241.

111 Sadler Papers, vol. iii. p. 323.

112 28 Hen. VIII. c. 24.

113 Four Years at the Court of Henry the Eighth, vol. ii. pp. 315-16.

114 Sir Charles Brandon, created Duke of Suffolk, and married to Mary Tudor, widow of Louis XII.

115 28 Hen. VIII. c. 24.

116 The treaty was in progress from Dec. 24, 1526, to March 2, 1527 [LORD HERBERT, pp. 80, 81], and during this time the difficulty was raised. The earliest intimation which I find of an intended divorce was in June, 1527, at which time Wolsey was privately consulting the bishops.—State Papers vol. i. p. 189.

117 It was for some time delayed; and the papal agent was instructed to inform Ferdinand that a marriage which was at variance a jure et laudabilibus moribus could not be permitted nisi maturo consilio et necessitatis causâ.—Minute of a brief of Julius the Second, dated March 13, 1504, Rolls House MS.

118 LORD HERBERT, p. 114.

119 LORD HERBERT, p. 117, Kennett's edition. The act itself is printed in BURNET'S Collectanea, vol. iv. (Nares' edition) pp. 5, 6. It is dated June 27, 1505. Dr. Lingard endeavours to explain away the renunciation as a form. The language of Moryson, however, leaves no doubt either of its causes or its meaning. "Non multo post sponsalia contrahuntur," he says, "Henrico plus minus tredecim annos jam nato. Sed rerum non recte inceptarum successus infelicior homines non prorsus oscitantes plerumque docet quid recte gestum quid perperam, quid factum superi volunt quid infectum. Nimirum Henricus Septimus nullâ ægritudinis prospecta causâ repente in deteriorem valetudinem prolapsus est, nec unquam potuit affectum corpus pristinum statum recuperare. Uxor in aliud ex alio malum regina omnium laudatissimia non multo post morbo periit. Quid mirum si Rex tot irati numinis indiciis admonitus cœperit cogitare rem male illis succedere qui vellent hoc nomine cum Dei legibus litem instituere ut diutius cum homine amicitiam gerere possent. Quid deinceps egit? Quid aliud quam quod decuit Christianissimum regem? Filium ad se accersiri jubet, accersitur. Adest, adsunt et multi nobilissimi homines. Rex filium regno natum hortatur ut secum una cum doctissimis ac optimis viris cogitavit nefarium esse putare leges Dei leges Dei non esse cum papa volet. Non ita longâ oratione usus filium patri obsequentissimum a sententiâ nullo negotio abduxit. Sponsalia contracta infirmantur, pontificiæque auctoritatis beneficio palam renunciatum est. Adest publicus tabellio—fit instrumentum. Rerum gestarum testes rogati sigilla apponunt. Postremo filius patri fidem se illam uxorem nunquam ducturum."—Apomaxis RICARDI MORYSINI. Printed by Berthelet, 1537.

120 See LINGARD, sixth edition, vol. iv. p. 164.

121 HALL, p. 507.

122 He married Catherine, June 3, 1509. Early in the spring of 1510 she miscarried.—Four Years at the Court of Henry VIII. vol. i. p. 83.

Jan. 1, 1511. A prince was born, who died Feb. 22.—HALL.

Nov. 1513. Another prince was born, who died immediately.—LINGARD, vol. iv, p. 290.

Dec. 1514. Badoer, the Venetian ambassador, wrote that the queen had been delivered of a still-born male child, to the great grief of the whole nation.

May 3, 1515. The queen was supposed to be pregnant. If the supposition was right, she must have miscarried.—Four Years at the Court of Henry VIII. vol. i. p. 81.

Feb. 18, 1516. The Princess Mary was born.

July 3, 1518. "The Queen declared herself quick with child." (Pace to Wolsey: State Papers, vol. i. p. 2,) and again miscarried.

These misfortunes we are able to trace accidentally through casual letters, and it is probable that these were not all. Henry's own words upon the subject are very striking:—

"All such issue male as I have received of the queen died incontinent after they were born, so that I doubt the punishment of God in that behalf. Thus being troubled in waves of a scrupulous conscience, and partly in despair of any issue male by her, it drove me at last to consider the estate of this realm, and the danger it stood in for lack of issue male to succeed me in this imperial dignity."—CAVENDISH, p. 220.

123 "If a man shall take his brother's wife it is an unclean thing. He hath uncovered his brother's nakedness. They shall be childless."—Leviticus xx. 21. It ought to be remembered, that if the present law of England be right, the party in favour of the divorce was right.

124 Letters of the Bishop of Bayonne, LEGRAND, vol. iii.

125 Legates to the Pope, printed in BURNET'S Collectanea, p. 40.

126 State Papers, vol. vii. p. 117.

127 Letters of the Bishop of Bayonne, LEGRAND, vol. iii.; HALL, 669.

128 They were shut up in the Castle of St. Angelo.

129 State Papers, vol. vii. pp. 18, 19.

130 The fullest account of Wolsey's intentions on church reform will be found in a letter addressed to him by Fox, the old blind Bishop of Winchester, in 1528. The letter is printed in STRYPE'S Memorials Eccles. vol. i. Appendix 10.

131 Letters of the Bishop of Bayonne, LEGRAND, vol. iii. It is not uncommon to find splendid imaginations of this kind haunting statesmen of the 16th century; and the recapture of Constantinople always formed a feature in the picture. A Plan for the Reformation of Ireland, drawn up in 1515, contains the following curious passage: "The prophecy is, that the King of England shall put this land of Ireland into such order that the wars of the land, whereof groweth the vices of the same, shall cease for ever; and after that God shall give such grace and fortune to the same king that he shall with the army of England and of Ireland subdue the realm of France to his obeysance for ever, and shall rescue the Greeks, and recover the great city of Constantinople, and shall vanquish the Turks and win the Holy Cross and the Holy Land, and shall die Emperor of Rome, and eternal blisse shall be his end."—State Papers, vol. ii. pp. 30, 31.

132 Knight to Henry: State Papers, vol. vii. pp. 2, 3.

133 Wolsey to Cassalis: Ibid. p. 26.

134 The dispensing power of the popes was not formally limited. According to the Roman lawyers, a faculty lay with them of granting extraordinary dispensations in cases where dispensations would not be usually admissible—which faculty was to be used, however, dummodo causa cogat urgentissima ne regnum aliquod funditus pereat; the pope's business being to decide on the question of urgency.—Sir Gregory Cassalis to Henry VIII., Dec. 26, 1532. Rolls House MS.

135 Knight and Cassalis to Wolsey: BURNET'S Collect. p. 12.

136 STRYPE'S Memorials, vol. i., Appendix p. 66.

137 Sir F. Bryan and Peter Vannes to Henry; State Papers, vol. vii. p. 144.

138 STRYPE'S Memorials, Appendix, vol. i. p. 100.

139 Ibid. Appendix, vol. i. pp. 105-6; BURNET'S Collectanea, p. 13.

140 Wolsey to the Pope, BURNET'S Collectanea, p. 16: Vereor quod tamen nequeo tacere, ne Regia Majestas, humano divinoque jure quod habet ex omni Christianitate suis his actionibus adjunctum freta, postquam viderit sedis Apostolicæ gratiam et Christi in terris Vicarii clementiam desperatam Cæsaris intuitu, in cujus manu neutiquam est tam sanctos conatus reprimere, ea tunc moliatur, ea suæ causæ perquirat remedia, quæ non solum huic Regno sed etiam aliis Christianis principibus occasionem subministrarent sedis Apostolicæ auctoritatem et jurisdictionem imminuendi et vilipendendi.

141 BURNET'S Collectanea, p. 20. Wolsey to John Cassalis: "If his Holyness, which God forbid, shall shew himself unwilling to listen to the king's demands, to me assuredly it will be but grief to live longer, for the innumerable evils which I foresee will then follow. One only sure remedy remains to prevent the worst calamities. If that be neglected, there is nothing before us but universal and inevitable ruin."

142 Gardiner and Fox to Wolsey; STRYPE'S Memorials, vol. i. Appendix, p. 92.

143 His Holiness being yet in captivity, as he esteemed himself to be, so long as the Almayns and Spaniards continue in Italy, he thought if he should grant this commission that he should have the emperour his perpetual enemy without any hope of reconciliation. Notwithstanding he was content rather to put himself in evident ruin, and utter undoing, than the king or your Grace shall suspect any point of ingratitude in him; heartily desiring with sighs and tears that the king and your Grace which have been always fast and good to him, will not now suddenly precipitate him for ever: which should be done if immediately on receiving the commission your Grace should begin process. He intendeth to save all upright thus. If M. de Lautrec would set forwards, which he saith daily that he will do, but yet he doth not, at his coming the Pope's Holiness may have good colour to say, "He was required of the commission by the ambassador of England, and denying the same, he was, eftsoons, required by M. de Lautrec to grant the said commission, inasmuch as it was but a letter of justice." And by this colour he would cover the matter so that it might appear unto the emperour that the pope did it not as he that would gladly do displeasure unto the emperour, but as an indifferent judge, that could not nor might deny justice, specially being required by such personages; and immediately he would despatch a commission bearing date after the time that M. de Lautrec had been with him or was nigh unto him. The pope most instantly beseecheth your Grace to be a mean that the King's Highness may accept this in a good part, and that he will take patience for this little time, which, as it is supposed, will be but short.—Knight to Wolsey and the King, Jan. 1, 1527-8: BURNET Collections, 12, 13.

144 Such at least was the ultimate conclusion of a curious discussion. When the French herald declared war, the English herald accompanied him into the emperor's presence, and when his companion had concluded, followed up his words with an intimation that unless the French demands were complied with, England would unite to enforce them. The Emperor replied to Francis with defiance. To the English herald he expressed a hope that peace on that side would still be maintained. For the moment the two countries were uncertain whether they were at war or not. The Spanish ambassador in London did not know, and the court could not tell him. The English ambassador in Spain did not leave his post, but he was placed under surveillance. An embargo on Spanish and English property was laid respectively in the ports of the two kingdoms; and the merchants and residents were placed under arrest. Alarmed by the outcry in London, the king hastily concluded a truce with the Regent of the Netherlands, the language of which implied a state of war; but when peace was concluded between France and Spain, England appeared only as a contracting party, not as a principal, and in 1542 it was decided that the antecedent treaties between England and the empire continued in force.—See LORD HERBERT; HOLINSHED; State Papers, vols. vii. viii. and ix.; with the treaties in RYMER, vol. vi. part 2.

145 Gardiner to the King: BURNET'S Collectanea, p. 426.

146 Duke of Suffolk to Henry the Eighth: State Papers, vol. vii, p. 183.

147 Duke of Suffolk to Henry VIII.: State Papers, vol. vii. p. 183.

148 HALL, p. 744.

149 When the clothiers of Essex, Kent, Wiltshire, Suffolk, and other shires which are clothmaking, brought cloths to London to be sold, as they were wont, few merchants or none bought any cloth at all. When the clothiers lacked sale, then they put from them their spinners, carders, tuckers, and such others that lived by clothworking, which caused the people greatly to murmur, and specially in Suffolk, for if the Duke of Norfolk had not wisely appeased them, no doubt but they had fallen to some rioting. When the king's council was advertised of the inconvenience, the cardinal sent for a great number of the merchants of London, and to them said, "Sirs, the king is informed that you use not yourselves like merchants, but like graziers and artificers; for where the clothiers do daily bring cloths to the market for your ease, to their great cost, and then be ready to sell them, you of your wilfulness will not buy them, as you have been accustomed to do. What manner of men be you?" said the cardinal. "I tell you that the king straitly commandeth you to buy their cloths as beforetime you have been accustomed to do, upon pain of his high displeasure."—HALL, p. 746.

150 LEGRAND, vol. iii. p. 157. By manners and customs he was referring clearly to his intended reformation of the church. See the letter of Fox, Bishop of Winchester (STRYPE'S Memorials, vol. ii. p. 25), in which Wolsey's intentions are dwelt upon at length.

151 Ibid. pp. 136, 7.

152 State Papers, vol. vii. pp. 96, 7.

153 Wolsey to Cassalis: Ibid. p. 100.

154 State Papers, vol. vii. pp. 106, 7

155 Ibid. p. 113.

156 Ibid. vii. p. 113.

157 Take the veil.

158 Instruction to the Ambassadours at Rome: State Papers, vol. vii. p. 136.

159 Letters of the Bishop of Bayanne, LEGRAND, vol. iii.

160 LEGRAND, vol. iii. 231.

161 Instrucion para Gonzalo Fernandez que se envoie a Ireland al Conde de Desmond, 1529.—MS. Archives at Brussels.—The Pilgrim, note 1, p. 169.

162 Henrici regis octavi de repudiandâ dominâ Catherinâ oratio Idibus Novembris habita 1528.

Veneranda et chara nobis præsulum procerum atque consiliariorum cohors quos communis reipublicæ atque regni nostri administrandi cura conjunxit. Haud vos latet divinâ nos Providentiâ viginti jam ferme annis hanc nostram patriam tantâ felicitate rexisse ut in illâ ab hostilibus incursionibus tuta semper interea fuerit et nos in his bellis quæ suscepimus victores semper evasimus; et quanquam in eo gloriâri jure possumus majorem tranquillitatem opes et honores prioribus huc usque ductis socculis, nunquam subditis a majoribus parentibusque nostris Angliâ regibus quam a nobis provenisse, tamen quando cum hâc gloriâ in mentem una venit ac concurrit mortis cogitatio, veremur ne nobis sine prole legitimâ decedentibus majorem ex morte nostrâ patiamini calamitatem quam ex vitâ fructum ac emolumentum percepistis. Recens enim in quorundam vestrorum animis adhuc est illius cruenti temporis memoria quod a Ricardo tertio cum avi nostri materni Edwardi Quarti statum in controversiam vocasset ejusque heredes regno atque vitâ privâsset illatum est. Tum ex historiis notæ sunt illæ diræ strages quæ a clarissimis Angliæ gentibus Eboracensi atque Lancastrensi, dum inter se de regno et imperio multis ævis contenderent, populo evenerunt. Ac illæ ex justis nuptiis inter Henricum Septimum et dominam Elizabetham clarissimos nostros parentes contractis in nobis inde legitimâ natâ sobole sopitæ tandem desierunt. Si vero quod absit, regalis ex nostris nuptiis stirps quæ jure deinceps regnare possit non nascatur, hoc regnum civilibus atque intestinis se versabit tumultibus aut in exterorum dominationem atque potestatem veniet. Nam quanquam formâ atque venustate singulari, quæ magno nobis solatio fuit filiam Dominam Mariam ex nobilissimâ fœminâ Dominâ Catherinâ procreavimus, tamen a piis atque eruditis theologis nuper accepimus quia eam quæ Arturi fratris nostri conjux ante fuerat uxorem duximus nostras nuptias jure divino esse vetitas, partumque inde editum non posse censeri legitimum. Id quod eo vehementius nos angit et excruciat, quod cum superiori anno legatos ad conciliandas inter Aureliensem ducem et filiam nostram Mariam nuptias ad Franciscum Gallorum regem misissemus a quodam ejus consiliario responsum est, "antequam de hujusmodi nuptiis agatum inquirendum esse prius an Maria fuerit filia nostra legitima; constat enim 'inquit,' quod exdominâ Catherinâ fratris sui viduâ cujusmodi nuptiæ jure divino interdictæ sunt suscepta est." Quæ oratio quanto metu ac horrore animum nostrum turbaverit quia res ipsa æternæ tam animi quam corporis salutis periculum in se continet, et quam perplexis cogitationibus conscientiam occupat, vos quibus et capitis aut fortunæ ac multo magis animarum jactura immineret, remedium nisi adhibere velitis, ignorare non posse arbitror. Hæc una res—quod Deo teste et in Regis oraculo affirmamus—nos impulit ut per legatos doctissimorum per totum orbem Christianum theologorum sententias exquireremus et Romani Pontificis legatum verum atque æquum judicium de tantâ causâ laturum ut tranquillâ deinceps et intergâ conscientiâ in conjugio licito vivere possimus accerseremus. In quo si ex sacris litteris hoc quo viginti jam fere annis gavisi sumus matrimonium jure divino permissum esse manifeste liquidoque constabit, non modo ob conscientiæ tranquillitatem, verum etiam ob amabiles mores virtutesque quibus regina prædita et ornata est, nihil optatius nihilque jucundius accidere nobis potest. Nam præterquam quod regali atque nobili genere prognata est, tantâ præterea comitate et obsequio conjugali tum cæteris animi morumque ornamentis quæ nobilitatem illustrant omnes fœminas his viginti annis sic mihi anteire visa est ut si a conjugio liber essem ac solutus, si jure divino liceret, hanc solam præ cæteris fœminis stabili mihi jure ac fœdere matrimoniali conjungerem. Si vero in hoc judicio matrimonium nostrum jure divino prohibitum, ideoque ab initio nullum irritumque fuisse pronuncietur, infelix hic meus casus multis lacrimis lugendus ac deplorandus erit. Non modo quod a tam illustris et amabilis mulieris consuetudine et consortio divertendum sit, sed multo magis quod specie ad similitudinem veri conjugii decepti in amplexibus plusquam fornicariis tam multos annos trivimus nullâ legitimâ prognatâ nobis sobole quæ nobis mortuis hujus inclyti regni hereditatem capessat.

Hæ nostræ curæ istæque solicitudines sunt quæ mentem atque conscientiam nostram dies noctesque torquent et excurciant, quibus auferendis et profligandis remedium ex hâc legatione et judicio opportunum quærimus. Ideoque vos quorum virtuti atque fidei multum attribuimus rogamus ut certum atque genuinum nostrum de hâc re sensum quem ex nostro sermone percepistis populo declaretis: eumque excitetis ut nobiscum una oraret ut ad conscientiæ nostræ pacem atque tranquillitatem in hoc judicio veritas multis jam annis tenebris involuta tandem patefiat.—WILKINS'S Concilia, vol. iii. p. 714.

163 HALL, Letters of the Bishop of Bayonne, LEGRAND, vol. iii.

164 LEGRAND, vol. iii.

165 Ibid. vol. iii. pp. 232, 3.

166 State Papers, vol. vii. p. 120; Ibid. p. 186.

167 BURNET'S Collectanea, p. 41.

168 State Papers, vol. vii. p. 193.

169 The Emperor could as little trust Clement as the English, and to the last moment could not tell how he would act.

"Il me semble," wrote Inigo di Mendoza to Charles on the 17th of June, 1529,—"il me semble que Sa Sainteté differe autant qu'il peut ce qu' auparavant il avoit promis, et je crains qu'il n'ait ordonné aux legatz ce qui jusques à present avoit resté en suspens qu'ils procedent par la première commission. Ce qui faisant votre Majesté peut tenir la Reine autant que condamné."—MS. Archives at Brussels.

The sort of influence to which the See of Rome was amenable appears in another letter to the Emperor, written from Rome itself on the 4th of October. The Pope and cardinals, it is to be remembered, were claiming to be considered the supreme court of appeal in Christendom.

"Si je ne m'abuse tous ou la pluspart du Saint College sont plus affectionnez à vostre dite Majesté que à autre Prince Chrestien: de vous escrire, Sire, particulièrement toutes leurs responses seroit chose trop longue. Tant y a que elles sont telles que votre Majesté a raison doubt grandement se contenter d'icelles.

"... Seulement diray derechief à vostre Majesté, et me souvient l'avoir dict plusieurs fois, qu'il est en vostre Majesté 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 à autre Prince Chrestien pour les affaires que vostre Majesté a journellement à despescher en ceste court."—M. de Præt 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 pronubæ horribiles, et instigant mulieres ad fornicandum cum quibuscunque laicis, religiosis, fratribus minoribus, et nisi fornicant in domo suâ 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 præsertim 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 quæ dicitur tam necessaria ad salvationem hominis, cum fictâ potestate absolutionis exaltat superbiam sacerdotum, et dat illis opportunitatem secretarum sermocinationum quas nos nolumus dicere, quia domini et dominæ 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 cœli et inferni et possunt excommunicare et benedicere ligare et solvere in voluntatem eorum; in tantum quod pro bussello vel 12 denariis volunt vendere benedictionem cœli per chartam et clausulam de warrantiâ sigillitâ sigillo communi. Ista conclusio sic est in usu quod non eget probatione aliquâ."—Extract from a Petition presented to Parliament: WILKINS, vol. iii. p. 221.

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