Footnote 810: L. and P., v., 150. This letter is misplaced in L. and P.; it should be under 23rd March, 1532, instead of 1531. The French envoy, Giles de la Pommeraye, did not arrive in England till late in 1531, and his letter obviously refers to the proceedings in Parliament in March, 1532; cf. v., 879.(back)

Footnote 811: Ibid., v., 831.(back)

Footnote 812: Ibid., v., 1017-23. If the Court was responsible for all the documents complaining of the clergy drawn up at this time, it must have been very active. See others in L. and P., v., 49, App. 28, vi., 122.(back)

Footnote 813: L. and P., v., 989.(back)

Footnote 814: Stubbs, Lectures, 1887, pp. 320-24; Hall, pp. 784, 785; see also Lords' Journals, 1532.(back)

Footnote 815: L. and P., v., 1013. More had, as Henry knew, been all along opposed to the divorce, but as More gratefully acknowledged, the King only employed those whose consciences approved of the divorce on business connected with it (vii., 289).(back)

Footnote 816: See P.A. Hamy, Entrevue de François I. avec Henri VIII., à Boulogne en 1532. Paris, 1898.(back)

Footnote 817: L. and P., v., 1187.(back)

Footnote 818: L. and P., v., 1274.(back)

Footnote 819: In 1529 Du Bellay had written si le ventre croist, tout sera gasté (L. and P., iv., 5679).(back)

Footnote 820: L. and P., v., 1633.(back)

Footnote 821: Ibid., v., 1579.(back)

Footnote 822: Cranmer, Works, ii., 246. The antedating of the marriage to 14th November, 1532, by Hall and Holinshed was doubtless due to a desire to shield Anne's character; Stow gives the correct date.(back)

Footnote 823: See the present writer's Cranmer, p. 60 n.(back)

Footnote 824: L. and P., vi., 131.(back)

Footnote 825: L. and P., vi., 26. The interview took place at Bologna in December, 1532.(back)

Footnote 826: Ibid., v., 326.(back)

Footnote 827: Ibid., v., 555.(back)

Footnote 828: Ibid., vi., 89, 212.(back)

Footnote 829: E.g., ibid., v., 820, where Henry tells Tunstall that to follow the Pope is to forsake Christ, that it was no schism to separate from Rome, and that "God willing, we shall never separate from the universal body of Christian men," and admits that he was misled in his youth to make war upon Louis XII. by those who sought only their own pomp, wealth and glory.(back)

Footnote 830: Ibid., vi., 296.(back)

Footnote 831: L. and P., vi., 142.(back)

Footnote 832: Ibid., vi., 296.(back)

Footnote 833: Ibid., vi., 89.(back)

Footnote 834: Ibid., vi., 142, 160. The nuncio sat on Henry's right and the French ambassador on his left, this trinity illustrating the league existing between Pope, Henry and Francis.(back)

Footnote 835: Ibid., vi., 276, 311, 317, 491.(back)

Footnote 836: The germ of this Act may be found in a despatch from Henry dated 7th October, 1530; that the system of appeals had been subject to gross abuse is obvious from the fact that the Council of Trent prohibited it (Cambridge Modern Hist., ii., 671).(back)

Footnote 837: L. and P., vi., 1489.(back)

Footnote 838: Ibid., vi., 296.(back)

Footnote 839: Ibid., XII., ii., 952.(back)

Footnote 840: Cranmer, Works, ii., 237.(back)

Footnote 841: Ibid., ii., 241, 244; L. and P., vi., 332, 469, 470, 525. This sentence did not bastardise the Princess Mary according to Chapuys, for "even if the marriage were null, the Princess was legitimate owing to the lawful ignorance of her parents. The Archbishop of Canterbury had foreseen this and had not dared to be so shameless as to declare her a bastard" (ibid., vii., 94).(back)

Footnote 842: See Tudor Tracts edited by the present writer, 1903, pp. 10-28, and L. and P., vi., 561, 563, 584, 601.(back)

Footnote 843: L. and P., vi., 1089, 1111.(back)

Footnote 844: L. and P., vi., 1112.(back)

Footnote 845: L. and P., vi., 793.(back)

Footnote 846: Ibid., vi., 807, App. 3; vii., 185. The declaration of it was at the same time suspended until September, and the delicate question of entrusting the executoriales to princes who repudiated the honour caused further delays. The bull of excommunication was eventually dated 30th August, 1535 (ix., 207); and a bull depriving Henry of his kingdom was sanctioned, printed and prepared for publication (x., Introd., p. xv., Nos. 82, 107), but first Francis and then Charles put difficulties in the way. In December, 1538, Paul III., now that he, Charles and Francis were united in the bond of friendship, published with additions the bull of August, 1535 (XIII., ii., 1087, Introd., p. xli.). Even then no bull of deprivation was published. Apparently that was an honour reserved for Henry's daughter.(back)

Footnote 847: Jeremiah i. 10. The Vulgate text adopted in Papal bulls differs materially from that in the English Authorised Version.(back)

Footnote 848: See the text in Burnet, ed. Pocock, iv., 318-31.(back)

Footnote 849: L. and P., vi., 805, 1186.(back)

Footnote 850: Ibid., vi., 351; vii., 171, 871; cf. v., 216, where Chapuys says Anne hated the Princess Mary more than she did Queen Catherine because she saw that Henry had some affection for Mary, and praised her in Anne's presence. At the worst Henry's manners were generally polite; on one occasion, writes Chapuys, "when the King was going to mount his horse, the Princess went on to a terrace at the top of the house to see him. The King, either being told of it or by chance, turned round, and seeing her on her knees with her hands joined, bowed to her and put his hand to his hat. Then all those present who had not dared to raise their heads to look at her [surely they may not have seen her] rejoiced at what the King had done, and saluted her reverently with signs of good-will and compassion" (ibid., vii., 83).(back)

Footnote 851: Ibid., vii., 171.(back)

Footnote 852: Ibid., vi., 918.(back)

Footnote 853: L. and P., vi., 508; vii., 121.(back)

Footnote 854: Ibid., v., 1324.(back)

Footnote 855: Ibid., v., 416.(back)

Footnote 856: See Transactions of the Royal Hist. Soc., N.S., xviii.; L. and P., vi., 1419, 1445, 1464, 1467, 1468.(back)

Footnote 857: L. and P., v., 609, 807; vi., 815, 821.(back)

Footnote 858: Ibid., vi., 446, 541; vii., 114.(back)

Footnote 859: Ibid., vi., 1164.(back)

Footnote 860: L. and P., vii., 1368.(back)

Footnote 861: Even Norfolk, and Suffolk and his wife wanted to dissuade Henry in 1531 from persisting in the divorce (ibid., v., 287).(back)

Footnote 862: Ibid., v., 696.(back)

Footnote 863: Ibid., vii., 14.(back)

Footnote 864: Daniel xi., 36-45.(back)

Footnote 865: L. and P., vi., 948.(back)

Footnote 866: Ibid., v., 148.(back)

Footnote 867: Ibid., v., 738.(back)

Footnote 868: Ibid., v., 1292.(back)

Footnote 869: Ibid., v., 287.(back)

Footnote 870: L. and P., vi., 1479.(back)

Footnote 871: Ibid., vi., 324.(back)

Footnote 872: Ibid., vi., 1460.(back)

Footnote 873: Ibid., vi., 1510, 1523, 1571.(back)

Footnote 874: L. and P., vi., 568.(back)

Footnote 875: Ibid., vi., 570.(back)

Footnote 876: In January, 1534, Charles's ambassador at Rome repudiated the Pope's statement that the Emperor had ever offered to assist in the execution of the Pope's sentence (L. and P., vii., 96).(back)

Footnote 877: Ibid., vi., 774. The sense of this passage is spoilt in L. and P. by the comma being placed after "better" instead of after "is".(back)

Footnote 878: Control over England was the great objective of Habsburg policy. In 1513 Margaret of Savoy was pressing Henry to have the succession settled on his sister Mary, then betrothed to Charles himself (ibid., i., 4833).(back)

Footnote 879: L. and P., vii., 229. All that Charles thought practicable was to "embarrass Henry in his own kingdom, and to execute what the Emperor wrote to the Irish chiefs" (cf. vii., 342, 353).(back)

Footnote 880: Ibid., vi., 351. Charles's conduct is a striking vindication of Wolsey's foresight in 1528, when he told Campeggio that the Emperor would not wage war over the divorce of Catherine, and said there would be a thousand ways of keeping on good terms with him (Ehses, Römische Dokumente, p. 69; L. and P., iv., 4881). Dr. Gairdner thinks Wolsey was insincere in this remark (English Hist. Rev., xii., 242), but he seems to have gauged Charles V.'s character and embarrassments accurately.(back)

Footnote 881: L. and P., vi., 863. Her departure would have prejudiced Mary's claim to the throne, but Charles's advice was particularly callous in view of the reports which Chapuys was sending Charles of her treatment.(back)

Footnote 882: L. and P., vii., 737, 871, 957-58, and vol. viii., passim; cf. C.F. Wurm, Die politischen Beziehungen Heinrichs VIII. zu Mercus Meyer und Jürgen Wullenwever, Hamburg, 1852.(back)

Footnote 883: L. and P., vi., 1572.(back)

Footnote 884: Ibid., vii., 670.(back)

Footnote 885: L. and P., vi., 720.(back)

Footnote 886: Ibid., vi., App. 7.(back)

Footnote 887: L. and P., vii., 114.(back)

Footnote 888: Ibid., vii., 24.(back)

Footnote 889: Chapuys is quite plaintive when he hints at the advantages which might follow if only "your Majesty were ever so little angry" with Henry VIII. (L. and P., vii., 114). A few days later he "apologises for his previous letters advocating severity" (ibid., vii., 171).(back)

Footnote 890: Ibid., vi., 351.(back)

Footnote 891: Ibid., vi., 729, 1161. One of Henry's baits to James V. was a suggestion that he would get Parliament to entail the succession on James if his issue by Anne Boleyn failed (ibid., vii., 114).(back)

Footnote 892: Ibid., vi., 721, 979, 980, 998.(back)

Footnote 893: L. and P., vi., 997.(back)

Footnote 894: He is said, while there, to have privately admitted to Francis that the dispensation of Julius II. was invalid (ibid., vii., 1348, App. 8).(back)

Footnote 895: Ibid., vi., 1425, 1426, 1427.(back)

Footnote 896: On his side he was angry with Francis for telling the Pope that Henry would side against the Lutherans; he was afraid it might spoil his practices with them (ibid., vi., 614, 707); the Lübeckers had already suggested to Henry VIII. that he should seize the disputed throne of Denmark (ibid., vi., 428; cf. the present writer in Cambridge Modern History, ii., 229).(back)

Footnote 897: L. and P., vi., 1435, 1479.(back)

Footnote 898: L. and P., vi., 1382; vii., 56. A whole essay might be written on this latter brief document; it is not, what it purports to be, a list of knights of the shires who had died since the beginning of Parliament, for the names are those of living men. Against most of the constituencies two or three names are placed; Dr. Gairdner suggests that these are the possible candidates suggested by Cromwell and to be nominated by the King. But why is "the King's pleasure" placed opposite only three vacancies, if the whole twenty-eight were to be filled on his nomination? The names are probably those of influential magnates in the neighbourhood who would naturally have the chief voice in the election; and thus they would correspond with the vacancies, e.g., Hastings, opposite which is placed "Not for the Warden of the Cinque Ports," and Southwark, for which there is a similar note for the Duke of Suffolk. It is obvious that the King could not fill up all the vacancies by nomination; for opposite Worcester town, where both members, Dee and Brenning, had died, is noted, "the King to name one". It is curious to find "the King's pleasure" after Winchester city, as that was one of the constituencies for which Gardiner as bishop afterwards said he was wont to nominate burgesses (Foxe, ed. Townsend, vi., 54). It must also be remembered that these were bye-elections and possibly a novelty. In 1536 the rebels demand that "if a knight or burgess died during Parliament his room should continue void to the end of the same" (L. and P., xi., 1182 [17]). In the seventeenth century supplementary members were chosen for the Long Parliament to fill possible vacancies; there were no bye-elections.(back)

Footnote 899: L. and P., vi., 716, 816, 847, 1007, 1056, 1057, 1109 (where by the Bishopric of "Chester" is meant Coventry and Lichfield, and not Chichester, as suggested by the editor; the See of Coventry and Lichfield was often called Chester before the creation of the latter see), 1239, 1304, 1376, 1408, 1513; vii., 108, 257, 297, 344, 376.(back)

Footnote 900: Ibid., vi., 1445.(back)

Footnote 901: Ibid., vii., 1554.(back)

Footnote 902: Ibid., vii., 48, 54, 634.(back)

Footnote 903: L. and P., vii., 171.(back)

Footnote 904: Ibid., vii., App. 13.(back)

Footnote 905: Ibid., vii., 171; cf. XII., ii., 952.(back)

Footnote 906: This commission was not appointed till 1551: see the present writer's Cranmer, pp. 280-4.(back)

Footnote 907: 25 Henry VIII., c. 19. The first suggestion appears to have been "to give the Archbishop of Canterbury the seal of Chancery, and pass bulls, dispensations and other provisions under it" (L. and P., vii., 14; cf. vii., 57); his title was changed from Apostolicæ Sedis legatus to Metropolitanus (ibid., vii., 1555).(back)

Footnote 908: L. and P., vii., 304, 393, 399; the provision about two witnesses was in 1547 extended to treason.(back)

Footnote 909: The succession to the crown was one of the last matters affected by the process of substituting written law for unwritten right which began with the laws of Ethelbert of Kent. There had of course been ex post facto acts recognising that the crown was vested in the successful competitor.(back)

Footnote 910: L. and P., vii., 51.(back)

Footnote 911: Ibid., vii., 362.(back)

Footnote 912: L. and P., vii., 469.(back)

Footnote 913: Ibid., vii., 368.(back)

Footnote 914: Ibid., vii., 184.(back)

Footnote 915: Ibid., vii., 804.(back)

Footnote 916: Ibid., vii., 1262.(back)

Footnote 917: "The Lord Cromwell," says Bishop Gardiner, "had once put in the King our late sovereign lord's head, to take upon him to have his will and pleasure regarded for a law; for that, he said, was to be a very King," and he quoted the quod principi placuit of Roman civil law. Gardiner replied to the King that "to make the laws his will was more sure and quiet" and "agreeable with the nature of your people". Henry preferred Gardiner's advice (Foxe, ed. Townsend, vi., 46).(back)

Footnote 918: L. and P., vii., 483, 647.(back)

Footnote 919: Ibid., vii., 522.(back)

Footnote 920: Ibid., vii., 665.(back)

Footnote 921: Ibid., vii., 499.(back)

Footnote 922: Ibid., vii., 841, 856. The order had been particularly active in opposition to the divorce (ibid., iv., 6156; v., 266.)(back)

Footnote 923: Ibid., vii., 1377.(back)

Footnote 924: These were not actually created till 1540; the way in which Henry VIII. sought statutory authority for every conceivable thing is very extraordinary. There seems no reason why he could not have created these bishoprics without parliamentary authority.(back)

Footnote 925: With limitations, of course. Henry's was only a potestas jurisdictionis not a potestas ordinis (see Makower, Const. Hist. of the Church of England, and the present writer's Cranmer, pp. 83, 84, 95, 232, 233). Cranmer acknowledged in the King also a potestatem ordinis, just as Cromwell would have made him the sole legislator in temporal affairs; Henry's unrivalled capacity for judging what he could and could not do saved him from adopting either suggestion.(back)

Footnote 926: L. and P., XIV., ii., p. 141.(back)

Footnote 927: Ibid., vi., 797 [2]; a Venetian declared that Huguenotism was "due to the abolition of the election of the clergy" (Armstrong, Wars of Religion, p. 11).(back)

Footnote 928: For one year, indeed, Cranmer remained legatus natus, and by a strange anomaly exercised a jurisdiction the source of which had been cut off. Stokesley objected to Cranmer's use of that style in order to escape a visitation of his see, and Gardiner thought it an infringement of the royal prerogative. It was abolished in the following year.(back)

Footnote 929: The comparison has been drawn by Huillard-Bréholles in his Vie et Correspondence de Pierre de la Vigne, Paris, 1865.(back)

Footnote 930: Marsiglio's Defensor Pacis was a favourite book with Cromwell who lent a printer £20 to bring out an English edition of it in 1535 (see the present writer in D.N.B., s.v. Marshall, William). Marshall distributed twenty-four copies among the monks of Charterhouse to show them how the Christian commonwealth had been "unjustly molested, vexed and troubled by the spiritual and ecclesiastical tyrant". See also Maitland, English Law and the Renaissance, pp. 14, 60, 61.(back)

Footnote 931: Defensor Pacis, ii., 6.(back)

Footnote 932: A much neglected but very important constitutional question is whether the King quâ Supreme Head of the Church was limited by the same statute and common law restrictions as he was quâ temporal sovereign. Gardiner raised the question in a most interesting letter to Protector Somerset in 1547 (Foxe, vi., 42). It had been provided, as Lord Chancellor Audley told Gardiner, that no spiritual law and no exercise of the royal supremacy should abate the common law or Acts of Parliament; but within the ecclesiastical sphere there were no limits on the King's authority. The Popes had not been fettered, habent omnia jura in suo scrinio; and their jurisdiction in England had been transferred whole and entire to the King. Henry was in fact an absolute monarch in the Church, a constitutional monarch in the State; he could reform the Church by injunction when he could not reform the State by proclamation. There was naturally a tendency to confuse the two capacities not merely in the King's mind but in his opponents'; and some of the objections to the Stuarts' dispensing practice, which was exercised chiefly in the ecclesiastical sphere, seem due to this confusion. Parliament in fact, as soon as the Tudors were gone, began to apply common law and statute law limitations to the Crown's ecclesiastical prerogative.(back)

Footnote 933: L. and P., viii., 52; Rymer, xiv., 549.(back)

Footnote 934: The general idea that Fisher and More were executed for refusing to take an oath prescribed in the Act of Supremacy is technically inaccurate. No oath is there prescribed, and not till 1536 was it made high treason to refuse to take the oath of supremacy; even then the oath was to be administered only to civil and ecclesiastical officers. The Act under which they were executed was 26 Henry VIII., c. 13, and the common mistake arises from a confusion between the oath to the succession and the oath of supremacy.(back)

Footnote 935: L. and P., viii., 876.(back)

Footnote 936: L. and P., iv., 6199; vi., 1164, 1249. He told Chapuys that if Charles invaded England he would be doing "a work as agreeable to God as going against the Turk," and suggested that the Emperor should make use of Reginald Pole "to whom, according to many, the kingdom would belong" (Chapuys to Charles, 27th September, 1533). Again, says Chapuys, "the holy Bishop of Rochester would like you to take active measures immediately, as I wrote in my last; which advice he has sent to me again lately to repeat" (10th October, 1533). Canon Whitney, in criticising Froude (Engl. Hist. Rev., xii., 353), asserts that "nothing Chapuys says justifies the charge against Fisher!"(back)

Footnote 937: This statement has been denounced as "astounding" in a Roman Catholic periodical; yet if More believed individual conscience (i.e., private judgment) to be superior to the voice of the Church, how did he differ from a Protestant? The statement in the text is merely a paraphrase of More's own, where he says that men are "not bound on pain of God's displeasure to change their conscience for any particular law made anywhere except by a general council or a general faith growing by the working of God universally through all Christian nations" (More's English Works, p. 1434; L. and P., vii., 432).(back)

Footnote 938: Οὑ γἁρ τἱ μοι Ζευς ἡν ὁ κηρυξας τἁδε
οὑδ ἡ ξὑνοικος τὡν κἁτω θεὡν Δἱκη
Sophocles, Antigone, 450.(back)

Footnote 939: L. and P., vii., 83.(back)

Footnote 940: Ibid., x., 28, 59, 60, 141.(back)

Footnote 941: Dr. Norman Moore in Athenæum, 1885, i., 152, 215, 281.(back)

Footnote 942: L. and P., x., 51.(back)

Footnote 943: Ibid. Hall only tells his readers that Anne Boleyn wore yellow for the mourning (Chronicle, p. 818).(back)

Footnote 944: L. and P., x., 256.(back)

Footnote 945: This Act has generally been considered a failure, but recent research does not confirm this view (see Joshua Williams, Principles of the Law of Real Property, 18th ed., 1896).(back)

Footnote 946: L. and P., x., 246.(back)

Footnote 947: See the documents in L. and P., vols. ix., x. The most elaborate criticism of the Dissolution is contained in Gasquet's Henry VIII. and the Monasteries, 2 vols., 4th ed. 1893; some additional details and an excellent monastic map will be found in Gairdner's Church History, 1902.(back)

Footnote 948: "Religion" of course in the middle ages and sixteenth century was a term almost exclusively applied to the monastic system, and the most ludicrous mistakes are often made from ignorance of this fact; "religiosi" are sharply distinguished from "clerici".(back)

Footnote 949: L. and P., ii., 1733.(back)

Footnote 950: Ibid., ii., 4399.(back)

Footnote 951: Ibid., iii., 1863; see also iii., 77, 533, 567, 569, 600, 693, 1690; iv. 4900.(back)

Footnote 952: D.N.B., xlv., 89. Chapuys had stated in 1532 that the Cistercian monasteries were greatly in need of dissolution (L. and P., iii., 361).(back)

Footnote 953: Cambridge Modern History, ii., 643.(back)

Footnote 954: Nor, of course, were the symptoms peculiar to England; it is absurd to attribute the dissolution of the monasteries solely to Henry VIII. and Cromwell, because monasteries were dissolved in many countries of Europe, Catholic as well as Protestant. So, too, the charges are not naturally incredible, because the kind of vice alleged against the monks has unfortunately been far from unknown wherever and whenever numbers of men, young or middle-aged, have lived together in enforced celibacy.(back)

Footnote 955: See Fortescue, Governance of England, ed. Plummer, cap. xviii., and notes, pp. 337-40.(back)

Footnote 956: E.g., Christ Church, London, which surrendered to Henry in 1532, was deeply in debt to him (L. and P., v., 823).(back)

Footnote 957: The Complaynt of Roderick Mors (Early Eng. Text Soc.), pp. 47-52. The author, Henry Brinkelow (see D.N.B., vi., 346), also suggested that both Houses of Parliament should sit together as one assembly "for it is not rytches or autoryte that bringeth wisdome" (Complaynt, p. 8). Some of the political literature of the later part of Henry's reign is curiously modern in its ideas.(back)

Footnote 958: "The King," says Chapuys in September, 1534, "will distribute among the gentlemen of the kingdom the greater part of the ecclesiastical revenues to gain their good-will" (L. and P., vii., 1141).(back)

Footnote 959: Ibid., x., 307.(back)

Footnote 960: Anne was pregnant in Feb., 1534, when Henry told Chapuys he thought he should have a son soon (L. and P., vii., 232; cf., vii., 958).(back)

Footnote 961: Ibid., x., 199.(back)

Footnote 962: Ibid., vi., 1054, 1069. As early as April, 1531, Chapuys reports that Anne "was becoming more arrogant every day, using words and authority towards the King of which he has several times complained to the Duke of Norfolk, saying that she was not like the Queen [Catherine] who never in her life used ill words to him" (ibid., v., 216). In Sept., 1534, Henry was reported to be in love with another lady (ibid., vii., 1193, 1257). Probably this was Jane Seymour, as the lady's kindness to the Princess Mary—a marked characteristic of Queen Jane—is noted by Chapuys. This intrigue, we are told, was furthered by many lords with the object of separating the King from Anne Boleyn, who was disliked by the lords on account of her pride and that of her kinsmen and brothers (ibid., vii., 1279). Henry's behaviour to the Princess was becoming quite benevolent, and Chapuys begins to speak of his "amiable and cordial nature" (ibid., vii., 1297).(back)

Footnote 963: In 1533 Anne had accused her uncle of having too much intercourse with Chapuys and of maintaining the Princess Mary's title to the throne (L. and P., vi., 1125).(back)

Footnote 964: Ibid., x., 902, 910, 919. The Regent Mary of the Netherlands writes: "That the vengeance might be executed by the Emperor's subjects, he sent for the executioner of St. Omer, as there were none in England good enough" (ibid., x., 965). It is perhaps well to be reminded that even at this date there were more practised executioners in the Netherlands than in England.(back)

Footnote 965: This Act indirectly made Elizabeth a bastard and Henry's marriage with Anne invalid, (cf. Chapuys to Granvelle L. and P., x., 909). The Antinomian theory of marital relations, which Chapuys ascribes to Anne, was an Anabaptist doctrine of the time. Chapuys calls Anne a Messalina, but he of course was not an impartial witness.(back)

Footnote 966: According to some accounts, but a Spaniard who writes as an eye-witness says she cried "mercy to God and the King for the offence she had done" (L. and P., x., 911).(back)

Footnote 967: Ibid., x., 910.(back)

Footnote 968: The execution of Anne was welcomed by the Imperialists and Catholics, and it is possible that it was hastened on by rumours of disquiet in the North. A few days later the nobles and gentry who were in London were ordered to return home to put the country in a state of defence (L. and P., x., 1016).(back)

Footnote 969: Ibid. x., 915, 926, 993, 1000. There is a persistent fable that they were married on the day or the day after Anne's execution; Dr. Gairdner says it is repeated "in all histories".(back)

Footnote 970: See Wilts Archæol. Mag., vols xv., xvi., documents printed from the Longleat MSS.(back)

Footnote 971: L. and P., x., 245.(back)

Footnote 972: Luther, Briefe, v., 22; L. and P., xi., 475.(back)

Footnote 973: Strype, Eccl. Memorials, I., ii., 304.(back)

Footnote 974: L. and P., x., 901.(back)

Footnote 975: Parliament prefered to risk the results of Henry's nomination to the risk of civil war, which would inevitably have broken out had Henry died in 1536. Hobbes, it may be noted, made this power of nomination an indispensable attribute of the sovereign, and if the sovereign be interpreted as the "King in Parliament" the theory is sound constitutionalism and was put in practice in 1701 as well as in 1536. But the limitations on Henry's power of bequeathing the crown have generally been forgotten; he never had power to leave the crown away from Edward VI., that is, away from the only heir whose legitimacy was undisputed. The later acts went further, and entailed the succession upon Mary and Elizabeth unless Henry wished otherwise—which he did not. The preference of the Suffolk to the Stuart line may have been due to (1) the common law forbidding aliens to inherit English land (cf. L. and P., vii., 337); (2) the national dislike of the Scots; (3) a desire to intimate to the Scots that if they would not unite the two realms by the marriage of Edward and Mary, they should not obtain the English crown by inheritance.(back)

Footnote 976: L. and P., x., 54.(back)

Footnote 977: Ibid., x., 230.(back)

Footnote 978: L. and P., x., 887.(back)

Footnote 979: Ibid., x., 977.(back)

Footnote 980: Cf. Stern, Heinrich VIII. und der Schmalkaldische Bund, and P. Singer, Beziehung des Schmalkald. Bundes zu England. Greifswald, 1901.(back)

Footnote 981: L. and P., x., 699.(back)

Footnote 982: Ibid., x., 678, 684, 968.(back)

Footnote 983: E.g., the Prioress of Tarent received £100 a year, the Abbot of Evesham, £240 (Gasquet, ii., 230, 310); these sums must be multiplied by ten to bring them to their present value. Most of these lavish pensions were doubtless given as bribes or rewards for the surrender of monasteries.(back)

Footnote 984: L. and P., xi., 385, 519.(back)

Footnote 985: Ibid., xi., 42.(back)

Footnote 986: The exact proportion is of course difficult to determine; Mr. E.F. Gay in an admirable paper (Trans. Royal Hist. Soc., N.S., xviii., 208, 209) thinks that I have exaggerated the part played by the propertyless class in the rebellion. They were undoubtedly present in large numbers; but my remark is intended to guard against the theory that the grievances were entirely religious, not to exclude those grievances; and the northern lords were of course notable examples of the discontent of the propertied class.(back)

Footnote 987: L. and P., vii., 1206; viii., 48.(back)

Footnote 988: Ibid., xi., 768, 826[2].(back)

Footnote 989: L. and P., xi., 786, 1182, 1244, 1246.(back)

Footnote 990: Surrey to Norfolk, 15th Oct., xi., 727, 738.(back)

Footnote 991: L. and P., xi., 864.(back)

Footnote 992: Ibid., xi., 957.(back)

Footnote 993: The records of the Privy Council for the greater part of Henry's reign have disappeared, and only a rough list of his privy Councillors can be gathered from the Letters and Papers. Surrey, of course, was one of the two nobles, and probably Shrewsbury was the other, though Oxford, whose peerage was older than theirs, seems also to have been a member of the Privy Council (L. and P., i., 51). The complaint of the rebels applied to the whole Tudor period; at Henry's death no member of his Privy Council held a peerage twelve years old.(back)

Footnote 994: L. and P., xi., 1244-46.(back)

Footnote 995: Ibid., xi., 1306.(back)

Footnote 996: L. and P., XII., i., 20, 23, 43, 44, 46.(back)

Footnote 997: Ibid., XII., i., 46, 64, 102, 104, 141, 142.(back)

Footnote 998: Henry, says Dr. Gairdner, examined "the evidence sent up to him in the spirit of a detective policeman" (XII., i., p. xxix.).(back)

Footnote 999: L. and P., XII., i., 227, 228, 401, 402, 416, 457, 458, 468, 478, 498.(back)

Footnote 1000: L. and P., XII., i., 594, 595, 636, 667. Norfolk thought Henry's plan was to govern the North by the aid of thieves and murderers.(back)

Footnote 1001: Much of the correspondence of this Council found its way to Hamilton Palace in Scotland, and thence to Germany; it was purchased for the British Museum in 1889 and now comprises Addit. MSS., 32091, 32647-48, 32654 and 32657 (printed as Hamilton Papers, 2 vols., 1890-92).(back)

Footnote 1002: L. and P., XII., i., 367, 368, 779.(back)

Footnote 1003: Ibid., ii., 3943 (reference misprinted in D.N.B., xlvi., 35, as 3493); iii., 1544.(back)

Footnote 1004: Ibid., iv., 6003, 6252, 6383, 6394, 6505.(back)

Footnote 1005: Ibid., v., 737.(back)

Footnote 1006: L. and P., x., 420, 426; xi., 72, 93, 156.(back)

Footnote 1007: On 22nd December, 1536 (Ibid., xi., 1353).(back)

Footnote 1008: Ibid. XII., i., 760, 939, 987, 988, 996.(back)

Footnote 1009: L. and P., XII., i., 997, 1061, 1135, 1167, 1174.(back)

Footnote 1010: The fable that the Cæsarean operation was performed on her, invented or propagated by Nicholas Sanders, rests upon the further error repeated by most historians that Queen Jane died on the 14th of October, instead of the 24th (see Nichols, Literary Remains of Edward VI., pp. xxiv., xxv.).(back)

Footnote 1011: Odet de Selve, Corresp. Pol., p. 268.(back)

Footnote 1012: This was part of the revived influence of the Roman Civil Law in England which Professor Maitland has sketched in his English Law and the Renaissance, 1901. But the influence of these ideas extended into every sphere, and not least of all into the ecclesiastical. Englishmen, said Chapuys, were fond of tracing the King's imperial authority back to a grant from the Emperor Constantine—giving it thus an antiquity as great and an origin as authoritative as that claimed for the Pope by the false Donation of Constantine (L. and P., v., 45; vii., 232). This is the meaning of Henry's assertion that the Pope's authority in England was "usurped," not that it was usurped at the expense of the English national Church, but at the expense of his prerogative. So, too, we find instructive complaints from a different sort of reformers that the reformation as effected by Henry VIII. was merely a translatio imperii (ibid., XIV., ii., 141). Henry VIII.'s encouragement of the civil law was the natural counterpart of the prohibition of its study by Pope Honorius in 1219 and Innocent IV. in 1254 (Pollock and Maitland, i., 102, 103).(back)

Footnote 1013: Cromwell has a note in 1533, "for the establishing of a Council in the Marches of Wales" (L. and P., vi., 386), and there had been numerous complaints in Parliament about their condition (ibid., vii., 781). Henry was a great Unionist, though Separatist as regards his wives and the Pope.(back)

Footnote 1014: See an admirable study by Miss C.A.J. Skeel, The Council in the Marches of Wales, 1904. Cromwell's great constitutional idea was government by council rather than by Parliament; in 1534 he had a scheme for including in the King's Ordinary Council (not of course the Privy Council) "the most assured and substantial gentlemen in every shire" (L. and P., vii., 420; cf. his draft bill for a new court of conservators of the commonwealth and the more rigid execution of statutes, vii., 1611).(back)

Footnote 1015: L. and P., vii., 1554.(back)

Footnote 1016: Cf. Maitland, English Law and the Renaissance, p. 70; Lee to Cromwell: "if we should do nothing but as the common law will, these things so far out of order will never be redressed" (D.N.B., xxxii., 375; the letter is dated 18th July, 1538, by the D.N.B. and Maitland, but there is no letter of that date from Roland Lee in L. and P.; probably the sentence occurs in Lee's letter of 18th July, 1534, or that of 18th July, 1535 (L. and P., vii., 988, viii., 1058), though the phrase is not given in L. and P.).(back)

Footnote 1017: See R. Dunlop in Owens College Studies, 1901, and the Calendar of Carew MSS. and Calendar of Irish State Papers, vol. i.(back)

Footnote 1018: L. and P., xvi., 43, 77.(back)

Footnote 1019: L. and P., xvi., 28; cf. Leadam, Court of Requests, Selden Soc., Introd.(back)

Footnote 1020: Official Return of Members of Parliament, i., 369.(back)

Footnote 1021: See G.T. Lapsley, The County Palatine of Durham, in Harvard Historical Series.(back)

Footnote 1022: There are no records in the Official Return for 1536 and 1539, but Calais had been granted Parliamentary representation by an Act of the previous Parliament (27 Hen. VIII., Private Acts, No. 9; cf. L. and P., x., 1086).(back)

Footnote 1023: Vols. xii. and xiii. of the L. and P. are full of these attempts.(back)

Footnote 1024: For the negotiations with France from 1537 onwards see Kaulek, Corresp. de MM. Castillon et Marillac, Paris, 1885.(back)

Footnote 1025: L. and P., XIII., i., 165, 273.(back)

Footnote 1026: Is this another trace of "Byzantinism"? It was a regular custom at the Byzantine and other Oriental Courts to have a "concourse of beauty" for the Emperor's benefit when he wished to choose a wife (Histoire Générale, i., 381 n., v., 728); and the story of Theophilus and Theodora is familiar (Finlay, ii., 146-47).(back)

Footnote 1027: L. and P., XIII., ii., 77; Kaulek, p. 80.(back)

Footnote 1028: Ibid., XII., ii., 1125; XIII., ii., p. xxxi.(back)

Footnote 1029: Ibid., XIII., ii., 77.(back)

Footnote 1030: Ibid., XII., ii., 1172.(back)

Footnote 1031: L. and P., XII., ii., Pref. p. xxviii., No. 1187.(back)

Footnote 1032: Ibid., XIII., i., 380, 507. The magnificent portrait of Christina belonging to the Duke of Norfolk, and now on loan at the National Gallery, must have been painted by Holbein afterwards.(back)

Footnote 1033: It may have crystallised from some such rumour as is reported in L. and P., XIV., ii., 141. "Marry," says George Constantyne, "she sayeth that the King's Majesty was in so little space rid of the Queens that she dare not trust his Council, though she durst trust his Majesty; for her council suspecteth that her great-aunt was poisoned, that the second was innocently put to death, and the third lost for lack of keeping in her childbed." Constantyne added that he was not sure whether this was Christina's answer or Anne of Cleves'.(back)

Footnote 1034: L. and P., XIII., ii., 232, 277, 914, 915.(back)

Footnote 1035: The burning of the bones is stated as a fact in the Papal Bull of December, 1538 (L. and P., XIII., ii., 1087; see Pref., p. xvi., n.); but the documents printed in Wilkins's Concilia, iii., 835, giving an account of an alleged trial of the body of St. Thomas are forgeries (L. and P., XIII., ii., pp. xli., xlii., 49). A precedent might have been found in Pope Stephen VI.'s treatment of his predecessor, Formosus (Hist. Générale, i., 536).(back)