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 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:—

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:—

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 ægrotantibus 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 hæc verba prorupisse, se primum tentâsse illud divortium persuasum ecclesiam Romanam hoc idem probaturum—quod si ita ilia abhorreret ab illâ sententiâ ut nullo modo permittendum censeret se nolle cum eâ 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 prés du cœur, 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 à bon escient.—Lettre de M. de Gramont, Evêque de Tarbès. 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 declaré 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 autorité, in aussi diminuant sa puissance, quant aux dispenses, et limitation de droict divin.—Dechiffrement de Lettres de M. de Tarbès.—LEGRAND, vol. iii. p. 408.

256 LEGRAND, vol. iii. p. 408.

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

258 The Bishop of Tarbès 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 suæ religionis professoribus, ut nullus audeat de auctoritate Pontificis quicquam loqui. Denique Orator Cæsareus in talia verba prorupit, quibus facile cognovi ut me a Pontifice vocari studeat et tunc timendum esset saluti meæ. 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, irrité 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 dignité 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 logée en fort beau logis; et qu'il a faict bien accoustrer tout auprés 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 à l'endurer, afin que quand ivendra à 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 £300 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. Impér. 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 Bibliothèque Impérial 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 à tenir la chose secrette comme vous le demandez, il est mal aisé; 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 sçay 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 à Boulogne, pour festoyer le Roy d'Angleterre.

"Quant à la Royne pour rien ce Roy ne vouldroit qu'elle vint: Il häit cest habillement à l'Espagnolle, tant qu'il luy semble veoir un diable. Il desireroit qu'il pleust au Roy mener à 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 häie 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 quæ mihi dixerat velle in Cardinales distribuere, assignaret. Et Rex quidem hæc 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 Romæ fuerint, videant, qui potissimum digni hâc Regiâ sint liberalitate; in eosque quum quid in Regno Galliæ 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 aliquâ presenti pensione prosequatur; quâ quidem tibi nihil conducibilius aut opportunius fieri possit.

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