Fisher and More.


Fisher's dangerous imprudence.

After the execution of the Carthusians, it became a question what should be done with the Bishop of Rochester and Sir Thomas More. They had remained for a year in the Tower, undisturbed; and there is no reason to think that they would have been further troubled, except for the fault of one, if not of both. It appeared, however, on the trial of Father Reynolds, that Fisher's imprudence or zeal had tempted him again to meddle with dangerous matters. A correspondence had passed between the bishop and the king,[442] on the Act of Supremacy, or on some subject connected with it. The king had taken no public notice of Fisher's words, but he had required a promise that the letter should not be shown to any other person. The unwise old man gave his word, but he did not observe it; he sent copies both of what he had himself written and of the king's answer to the Sion monks,[443] furnishing them at the same time with a copy of the book which he had written against the divorce, and two other books, written by Abel, the queen's confessor, and the Spanish ambassador. Whether he was discovered to have held any other correspondence, or whether anything of an analogous Treatment and conduct of Fisher and of More in the Tower. kind was proved against More, I am unable to discover. Both he and Fisher had been treated with greater indulgence than was usual with prisoners.[444] Their own attendants had waited on them; they were allowed to receive visits from their relatives within the Tower walls, and to correspond with their families and friends.[445] As a matter of course, under such circumstances, they must have expressed their opinions on the great subject of the day; and those opinions were made known throughout England, and, indeed, throughout Europe. Whether they did more than this, or whether they had only indirectly allowed their influence to be used against the government, must be left to conjecture. But the language of a document under the king's hand speaks of their having given some cause of Cromwell's charges against them. provocation, of no common kind; and this is confirmed by Cromwell, who was once deeply attached to More. "When they were in strait keeping," say the instructions to the Bishop of Hereford, "having nevertheless the prison at their liberties, they ceased not both to practise an insurrection within the realm, and also to use all the devices to them possible in outward parts, as well to defame and slander his Majesty, and his most virtuous doings and proceedings, as also to procure the impeachment and other destruction of his most royal person."[446] Cromwell speaks also of their having been engaged in definite schemes, the object of which was rebellion;[447] and although we have here the ex parte statement of the government, and although such a charge would have been held to be justified by a proof that they had spoken generally against the Act of Supremacy, it may be allowed to prove that so far they were really guilty; and it is equally certain that for these two men to have spoken against the act was to have lent encouragement to the party of insurrection, the most powerful which that party could have received.

Thus, by another necessity, Fisher and More, at the beginning of May, were called upon for their submission. It was a hard case, for the bishop was sinking into the grave with age and sickness, and More had the highest reputation of any living man. But they had chosen to make themselves conspicuous as confessors for Catholic truth; though prisoners in the Tower, they were in fact the most effectual champions of the papal claims; and if their disobedience had been passed over, the statute could have been enforced against no one.

May 7. A deputation of the council waits upon them in the Tower. They refuse to admit the supremacy.

The same course was followed as with the Carthusian monks. On the 7th of May a deputation of the council waited on the prisoners in the Tower, for an acknowledgment of the supremacy. They refused: Fisher, after a brief hesitation, peremptorily; More declining to answer, but also giving an indirect denial. After repeated efforts had been made to move them, and made in vain, their own language, as in the preceding trials, furnished material for their indictment; and the law officers of the crown who were to conduct the prosecution were the witnesses under whose evidence they were to be tried. It was a strange proceeding, to be excused only, if excused at all, by the pressure of the times.[448]

Either the king or his ministers, however, were slow in making up their minds. With the Carthusians, nine days only were allowed to elapse between the first examination and the final close at Tyburn. The case against More The government delay their trial. and Fisher was no less clear than against the monks; yet five weeks elapsed and the government still hesitated. Perhaps they were influenced by the high position of the greater offenders,—perhaps there was some fear of the world's opinion, which, though it might be indifferent to the sacrifice of a few obscure ecclesiastics, yet would surely not pass over lightly the execution of men who stood out with so marked preëminence. The council board was unevenly composed. Cromwell, who divides with the king the responsibility of these prosecutions, had succeeded, not to the authority only of Wolsey, but to the hatred with which the ignoble plebeian was regarded by the patricians who were compelled to stoop before him. Lord Exeter was already looking with a cold eye on the revolution; and Norfolk and Suffolk, though zealous as the king himself for the independence of England, yet had all the instincts of aristocratic conservatism. Even Cromwell may have desired the triumph of winning over converts so distinguished, or may have shrunk from the odium which their deaths would bring upon him. Whatever was the cause of the delay, the privy council, who had been contented with a single examination of Haughton and his companions, struggled with their present difficulty week after week; and it is possible that, except from an extraneous impulse, some mode of escape might have been discovered. But as the sentence of Clement sealed the fate of the Nun of Kent, so the unwisdom of his successor bore similarly fatal fruits.

Paul III. had throughout the spring flattered Henry with expressions of sympathy, and had held out hopes of an approaching change of policy. He chose the present unfortunate juncture to expose the vanity of these professions; and as an intimation of the course which he intended to follow, he named the Bishop of Rochester, the one bishop who remained attached to Catherine's cause, a cardinal. Henry had appealed to a council, The pope names Fisher a cardinal. which the pope had promised to call; and Fisher, of all Englishmen, was chosen as the person whom the pope desired to represent the nation on its assembly. Even the very conclave at Rome were taken by surprise, and expressed themselves in no measured terms at the impolicy of this most foolish action. Cassalis, aware of the effect which the news would produce in England, hurried to such friends as he possessed in the conclave to protest against the appointment. The king, he said, would inevitably regard it as injurious to the realm and insulting to himself;[449] and it was madness at such a moment to trifle with Henry's displeasure.

Cassalis protests, and the pope condescends to falsehood.

The Pope, alarmed at the expressions which he was told that Cassalis had used, sent in haste to urge him, if possible, to allay the storm. He was not ashamed to stoop to falsehood—but falsehood too awkward to deceive even the most willing credulity. He had thought, he said, of nothing but to please Henry. He had been urged by the King of France to seek a reconciliation with England, and in sending a hat to an English bishop he had meant nothing but a compliment. The general council would be held immediately; and it was desirable, according to the constitution of the church, that a cardinal of every nation should be present. He had no especial reason for choosing the Bishop of Rochester, except that he had a high reputation for learning, and he imagined, therefore, that the king would be gratified.[450] "He implored me," Cassalis wrote, "to make his excuses to his Majesty, and to assure him how deeply he regretted his mistake, especially when I assured him that the step was of a kind which admitted of no excuse."[451]

Cassalis himself was afterwards disposed to believe that the appointment was made in thoughtlessness, and that the pope at the moment had really forgotten Fisher's position.[452] But this could gain no credit in England. The news reached the government in the middle of June, and determined the fate of the unfortunate bishop; and with it the fate, also, of his nobler The appointment seals Fisher's fate. companion. To the king, the pope's conduct appeared a defiance; and as a defiance he accepted it. In vain Fisher declared that he had not sought his ill-timed honours, and would not accept them. Neither his ignorance nor his refusal could avail him. Once more he was called upon to submit, with the intimation, that if he refused he must bear the consequences. His reply June 17. He is tried at Westminster, remained what it had been; and on the 17th of June he was taken[453] down in a boat to Westminster Hall, where the special commission was sitting. The proceedings at his trial are thus briefly summed up in the official record:—"Thursday after the feast of St. Barnabas, John Fisher was brought to the bar by Sir William Kingston, Constable of the Tower. Pleads not And is condemned. guilty. Venire awarded. Verdict—guilty. Judgment as usual in cases of treason."[454]

It was a swift sentence, and swiftly to be executed. Five days were allowed him to prepare himself; and the more austere features of the penalty were remitted with some show of pity. He was to die by the axe.

Mercy was not to be hoped for. It does not seem to have been sought. He was past eighty. The earth on the edge of the grave was already crumbling under his feet; and death had little to make it fearful. When the last morning dawned, he dressed himself carefully—as he said, for his marriage-day. The June 22. He is beheaded on Tower Hill. distance to Tower Hill was short. He was able to walk; and he tottered out of the prison-gates, holding in his hand a closed volume of the New Testament. The crowd flocked about him, and he was heard to pray that, as this book had been his best comfort and companion, so in that hour it might give him some special strength, and speak to him as from his Lord. Then opening it at a venture, he read: "This is life eternal, to know Thee, the only true God, and Jesus Christ, whom Thou hast sent." It was the answer to his prayer; and he continued to repeat the words as he was led forward. On the scaffold he chanted the Te Deum, and then, after a few prayers, knelt down, and meekly laid his head upon a pillow where neither care nor fear nor sickness would ever vex it more. Many a spectacle of sorrow had been witnessed on that tragic spot, but never one more sad than this; never one more painful to think or speak of. When a nation is in the throes of revolution, wild spirits are abroad in the storm; and poor human nature presses blindly forward with the burden which is laid upon it, tossing aside the obstacles in its path with a recklessness which, in calmer hours, it would fear to contemplate.

Sir Thomas More followed, his fortunes linked in death as in life to those of his friend. He was left to the last—in the hope, perhaps, that the example might produce an effect which persuasion could not. But the example, if that was the object, worked to far other purpose. From More's high-tempered nature, such terrors fell harmless, as from enchanted armour. Death to him was but a passing from one country to another; and he had all along anticipated that his prison was the antechamber of the scaffold. He had, indeed, taken no pains to avoid it. The king, according to the unsuspicious evidence of his daughter, Margaret Roper, had not accused him without cause of exciting a spirit of resistance. He had spent his time in encouraging Catholics to persevere to martyrdom for their faith. In his many conversations with herself, he had expressed himself with all freedom, and to others he had doubtless spoken as plainly as to her.[455]

On the 7th of May he was examined by the same persons who examined Fisher; and he was interrogated again and again in subsequent interviews. His humour did not allow him to answer questions directly: he played with his catechists, and did not readily furnish them with materials for a charge. He had corresponded with Fisher in prison, on the conduct which he meant to pursue. Some of these letters had been burnt; but others were in the hands of the government, and would have been sufficient to sustain the June 26. A true bill found against Sir Thomas More.

July 1. He is brought to the bar.
prosecution, but they preferred his own words from his own lips. At length sufficient evidence was obtained. On the 26th of June, a true bill was found against him by the Grand Jury of Middlesex; and on the 1st of July the High Commission sat again in Westminster Hall, to try the most illustrious prisoner who ever listened to his sentence there.[456] He walked from the Tower—feebly, however, and with a stick, for he was weak from long confinement. On appearing at the bar, a chair was brought for him, and he was allowed to sit. The indictment was then read by the attorney-general. It set forth that Sir Thomas More, traitorously imagining and attempting to deprive the king of his title as supreme Head of the Church, did, on the 7th of May, when examined before Thomas Cromwell, the king's principal secretary, and divers other persons, whether he would accept the king as Head on earth of the Church of England, pursuant to the statute, refuse to give a direct answer, but replied, "I will not meddle with any such matters, for I am fully determined to serve God and to think upon His passion, and my passage out of this world."[457] Substance of the indictment. He was then charged with having written to Fisher that "The act of parliament was like a sword with two edges; for if a man answered one way it would confound his soul, and if the other way it would confound his body."[458] Finally and chiefly, he had spoken treasonable words in the Tower to Rich, the solicitor-general. Rich had endeavoured to persuade him, as Cranmer had endeavoured in his previous difficulty at Lambeth, that it was his duty as a subject to obey the law of the land. "Supposing it was enacted by act of parliament," the solicitor-general had said, "that I, Richard Rich, should be king, and that it should be treason to deny it, what would be the offence if you, Sir Thomas More, were to say that I was king?" More had answered that, in his conscience, he would be bound by the act of parliament, and would be obliged to accept Rich as king. He would put another case, however. "Suppose it should be enacted by parliament, quod Deus non esset Deus, and that opposing the act should be treason, if it were asked of him, Richard Rich, whether he would say Quod Deus non erat Deus, according to this statute, and if he were to say No, would he not offend?" Rich had replied, "Certainly, because it is impossible, quod Deus non esset Deus; but why, Master More, can you not accept the king as chief Head of the Church of England, just as you would that I should be made king, in which case you agree that you would be obliged to acknowledge me as king?" "To which More, persevering in his treasons, had answered to Rich, that the cases were not similar, because the king could be made by parliament and deprived by parliament;[459] but in the first case the subject could not be obliged, because his consent could not be given for that in parliament."

The chancellor urges him to submit.

This was the substance of the indictment. As soon as it was read, the lord chancellor rose, and told the prisoner that he saw how grievously he had offended the king; it was not too late to ask for mercy, however, which his Majesty desired to show.

He trusts, however, to remain in his opinion till death.

"My lord," More replied, "I have great cause to thank your honour for your courtesy, but I beseech Almighty God that I may continue in the mind that I am in through His grace unto death." To the charges against him he pleaded "not guilty," and answered them at length. He could not say indeed that the facts were not true; for although he denied that he had "practised" against the supremacy, he could not say that he had consented to it, or that he ever would consent; but like the Prior of the Charterhouse, he could not The jury find a verdict of guilty. admit himself guilty when he had only obeyed his conscience. The jury retired to consider, and in a quarter of an hour returned with their verdict. The chancellor, after receiving it, put the usual question, what the prisoner could say in arrest of judgment. More replied, but replied with a plea which it was impossible to recognise, by denouncing the statute under which he was tried, and insisting on the obligation of obedience to the see of Rome. Thus the sentence was inevitable. It was pronounced in the ordinary form; but the usual punishment for treason was commuted, as it had been with Fisher, to death upon the scaffold; and this last favour was communicated as a special instance of the royal clemency. More's wit was always ready. "God forbid," he answered, "that the king should show any more such mercy unto any of my friends; and God bless all my posterity from such pardons."[460]

The pageant was over, for such a trial was little more. As the procession formed to lead back the "condemned traitor" to the Tower, the commissioners once more adjured him to have pity on himself, and offered to reopen the court if he would reconsider his resolution. More smiled, and replied only a few words of graceful farewell.

His last words to the commission.

"My lords," he said, "I have but to say that, like as the blessed Apostle St. Paul was present at the death of the martyr Stephen, keeping their clothes that stoned him, and yet they be now both saints in heaven, and there shall continue friends for ever, so I trust, and shall therefore pray, that though your lordships have been on earth my judges, yet we may hereafter meet in heaven together to our everlasting salvation; and God preserve you all, especially my sovereign lord the king, and grant him faithful councillors."

He returns to the Tower.


Margaret Roper.

He then left the hall, and to spare him the exertion of the walk he was allowed to return by water. At the Tower stairs one of those scenes occurred which have cast so rich a pathos round the closing story of this illustrious man. "When Sir Thomas," writes the grandson, "was now come to the Tower wharf, his best beloved child, my aunt Roper, desirous to see her father, whom she feared she should never see in this world after, to have his last blessing, gave there attendance to meet him; whom as soon as she had espied she ran hastily unto him, and without consideration or care for herself, passing through the midst of the throng and guard of men, who with bills and halberts compassed him round, there openly in the sight of them all embraced him, and took him about the neck and kissed him, not able to say any word but 'Oh, my father! oh, my father!' He, liking well her most natural and dear affection towards him, gave her his fatherly blessing; telling her that whatsoever he should suffer, though he were innocent, yet it was not without the will of God; and that He knew well enough all the secrets of her heart, counselling her to accommodate her will to God's blessed pleasure, and to be patient for his loss.

"She was no sooner parted from him, and had gone scarce ten steps, when she, not satisfied with the former farewell, like one who had forgot herself, ravished with the entire love of so worthy a father, having neither respect to herself nor to the press of people about him, suddenly turned back, and ran hastily to him, and took him about the neck and divers times together kissed him; whereat he spoke not a word, but carrying still his gravity, tears fell also from his eyes; yea, there were very few in all the troop who could refrain hereat from weeping, no, not the guard themselves. Yet at last with a full heart she was severed from him, at which time another of our women embraced him; and my aunt's maid Dorothy Collis did the like, of whom he said after, it was homely but very lovingly done. All these and also my grandfather witnessed that they smelt a most odoriferous smell to come from him, according to that of Isaac, 'The scent of my son is as the scent of a field which the Lord has blessed.'"[461]

The last days in the Tower.

More's relation with this daughter forms the most beautiful feature in his history. His letters to her in early life are of unequalled grace, and she was perhaps the only person whom he very deeply loved. He never saw her again. The four days which remained to him he spent in prayer and in severe bodily discipline. On the night of the 5th of July, although he did not know the time which had been fixed for his execution, yet with an instinctive feeling that it was near, he sent her his hair shirt and whip, as having no more need for them, with a parting blessing of affection.

He then lay down and slept quietly. At daybreak he was awoke by the entrance of Sir Thomas Pope, who had come to confirm his anticipations, and to tell him it was the king's pleasure that he should suffer at nine o'clock that morning. He received the news with utter composure. "I am much bounden to the king," he said, "for the benefits and honours he has bestowed upon me; and so help me God, most of all am I bounden to him that it pleaseth his Majesty to rid me so shortly out of the miseries of this present world."

Pope told him the king desired that he would not "use many words on the scaffold." "Mr. Pope," he answered, "you do well to give me warning, for otherwise I had purposed somewhat to have spoken; but no matter wherewith his Grace should have cause to be offended. Howbeit, whatever I intended, I shall obey his Highness's command."

He afterwards discussed the arrangements for his funeral, at which he begged that his family might be present; and when all was settled, Pope rose to leave him. He was an old friend. He took More's hand and wrung it, and quite overcome, burst into tears.

"Quiet yourself, Mr. Pope," More said, "and be not discomforted, for I trust we shall once see each other full merrily, when we shall live and love together in eternal bliss."[462]

As soon as he was alone he dressed in his most elaborate costume. It was for the benefit, he said, of the executioner who was to do him so great a service. Sir William Kingston remonstrated, and with some difficulty induced him to put on a plainer suit; but that his intended liberality should not fail, he sent the man a gold angel in compensation, "as a token that he maliced him nothing, but rather loved him extremely."

He leaves the Tower.

"So about nine of the clock he was brought by the Lieutenant out of the Tower, his beard being long, which fashion he had never before used, his face pale and lean, carrying in his hands a red cross, casting his eyes often towards heaven." He had been unpopular as a judge, and one or two persons in the crowd were insolent to him; but the distance was short and soon over, as all else was nearly over now.

On the scaffold.

The scaffold had been awkwardly erected, and shook as he placed his foot upon the ladder. "See me safe up," he said to Kingston. "For my coming down I can shift for myself." He began to speak to the people, but the sheriff begged him not to proceed, and he contented himself with asking for their prayers, and desiring them to bear witness for him that he died in the faith of the holy Catholic church, and a faithful servant of God and the king. He then repeated the Miserere psalm on his knees; and when he had ended and had risen, the executioner, with an emotion which promised ill for the manner in which his part in the tragedy would be accomplished, begged his forgiveness. More kissed him. "Thou art to do me the greatest benefit that I can receive," he said. "Pluck up thy spirit, man, and be not afraid to do thine office. My neck is very short. Take heed therefore that thou strike not awry for saving of thine honesty." The executioner offered to tie his eyes. "I will cover them myself," he said; and binding them in a cloth which he had brought with him, he knelt and laid his head upon the block. The fatal stroke was about to fall, when he signed for a moment's delay while he moved aside his beard. "Pity that should be cut," he murmured, "that has not committed treason." With which strange words, theDeath. strangest perhaps ever uttered at such a time, the lips most famous through Europe for eloquence and wisdom closed for ever.

"So," concludes his biographer, "with alacrity and spiritual joy he received the fatal axe, which no sooner had severed the head from the body, but his soul was carried by angels into everlasting glory, where a crown of martyrdom was placed upon him which can never fade nor decay; and then he found those words true which he had often spoken, that a man may lose his head and have no harm."[463]

This was the execution of Sir Thomas More, an act which was sounded out into the far corners of the earth, and was the world's wonder as well for the circumstances under which it was perpetrated, as for the preternatural composure with which it was borne. Something of his calmness may have been due to his natural temperament, something to an unaffected weariness of a world which in his eyes was plunging into the ruin of the latter days. But those fair hues of sunny cheerfulness caught their colour from the simplicity of his faith; and never was there a Christian's victory over death more grandly evidenced than in that last scene lighted with its lambent humour.

History will rather dwell upon the incidents of the execution than attempt a sentence upon those who willed that it should be. It was at once most piteous and most inevitable. The hour of retribution had come at length, when at the hands of the Roman church was to be required all the righteous blood which it had shed, from the blood of Raymond of Toulouse to the blood of the last victim who had blackened into ashes at Smithfield. The voices crying underneath the altar had been heard upon the throne of the Most High, and woe to the generation of which the dark account had been demanded.

The effect of these executions in Europe.

In whatever light, however, we may now think of these things, the effect in Europe was instantaneous and electrical. The irritation which had accompanied the excommunication by Clement had died away in the difficulty of executing the censures. The papal party had endeavoured to persuade themselves that the king was acting under a passing caprice. They had believed that the body of the people remained essentially Catholic; and they had trusted to time, to discontent, to mutiny, to the consequences of what they chose to regard as the mere indulgence of criminal passion, to bring Henry to his senses. To threats and anathemas, therefore, had again succeeded fair words and promises, and intrigues and flatteries; and the pope and his advisers, so long accustomed themselves to promise and to mean nothing, to fulminate censures in form, and to treat human life as a foolish farce upon the stage, had dreamed that others were like themselves. In the rough awakening out of their delusion, as with a stroke of lightning, popes, cardinals, kings, emperors, ambassadors, were startled into seriousness; and, the diplomatic meshwork all rent and broken, they fell at once each into their places, with a sense suddenly forced upon them that it was no child's play any longer. The King of England was in earnest, it seemed. The assumption of the supremacy was a fixed purpose, which he was prepared to make a question of life and death; and with this resolution they must thenceforward make their account.

The news arrives at Rome of the deaths of the Carthusians.

On the 1st of June, Cassalis wrote[464] from Rome that the French ambassador had received a letter concerning certain friars who had been put to death in England for denying the king to be Head of the Church. The letter had been read in the consistory, and was reported to be written in a tone of the deepest commiseration. There had been much conversation about it, the French bishops having been louder than any in their denunciations; and the form of the execution was described as having been most barbarous. Some of the cardinals had said that they envied the monks their deaths in such a cause, and wished that they had been with them. "I desired my informant," Cassalis said, "to suggest to these cardinals, that, if they were so anxious on the subject, they had better pay a visit to England." And he concluded, in cipher, "I cannot tell very well what to think of the French. An Italian told me he had heard the Most Christian king himself say, that although he was obliged to press upon the pope the requests of the king of England, yet that these requests were preposterous, and could not be granted."

And of Fisher, which the pope will make of more account than the martyrdom of Becket.

The deaths of a few poor monks would soon have been forgiven; the execution of Fisher first really revealed the truth. No sooner was the terrible reply of Henry to his promotion to the cardinalate made known than the conclave was instantly summoned. Cardinal Tournon described the scene upon the scaffold in language which moved all his audience to tears.[465] The pope, in a paroxysm of anger, declared that if he had seen his own nephews murdered in his presence, it would not have so much affected him; and Cassalis said he heard, from good authority, that they would do their worst, and intended to make the Bishop of Rochester's death of more account than that of the martyr St. Thomas.[466]

All Europe unites in amazed displeasure.

Francis remonstrates, and recommends that in future political offenders should be banished.

Nor was the anger or the surprise confined to Rome. Through England, through France, through Flanders, even among the Protestants of Germany, there rose a simultaneous outcry of astonishment. Rumour flew to and fro with a thousand falsehoods; and the unfortunate leaven of the Anne Boleyn marriage told fatally to destroy that appearance of probity of motive so indispensable to the defence of the government. Even Francis I. forgot his caution, and dared to remonstrate. He wrote to entreat his good brother in future to content himself for the future with banishing such offenders, and sparing the extremity of his penalties.

Unfortunately, the question which was at issue was European as well as English; and every exile who was driven from England would have become, like Reginald Pole, a missionary of a holy war against the infidel king. Whatever else might have been possible, banishment was more perilous than pardon.

Henry condescends to explanation.

But the indignation was so general and so serious, that Henry thought it well to offer an explanation of his conduct, both at home and abroad. With his own people he communicated through the lay authorities, not choosing to trust himself on this occasion to the clergy. The magistrates at the quarter sessions were directed "to declare to the people the treasons committed by the late Bishop of Rochester and Sir Thomas More; who thereby, and by divers secret practices, of their malicious minds intended to seminate, engender, and breed a most mischievous and seditious opinion, not only to their own confusion, but also of divers others, who have lately suffered execution according to their demerits."[467] To Francis, Cromwell instructed Gardiner, who was ambassador in Paris, to reply very haughtily. His message to Francis.

He had made his laws on good and substantial grounds,
The English government, he said had acted on clear proof of treason; treason so manifest, and tending so clearly to the total destruction of the commonwealth of the realm, that the condemned persons "were well worthy, if they had a thousand lives, to have suffered ten times a more terrible death and execution than any of them did suffer." The laws which the king had made were "not without substantial grounds;" but had been passed "by great and mature advice, counsel, and deliberation of the whole policy of the realm, and" were "indeed no new laws, but of great antiquity, now renovate and renewed in respect to the common weal of the same realm."

And is much surprised that he should be advised to banish his traitors, giving them increased opportunity to injure him.

With respect to the letter of the King of France, Gardiner was to say, it was "not a little to his Highness's marvel that the French king would ever counsel or advise him, if in case hereafter any such like offenders should happen to be in the realm, that he should rather banish them, than in such wise execute them, ... supposing it to be neither the office of a friend nor a brother, that he would counsel the King's Highness to banish his traitors into strange parts, where they might have good occasion, time, place, and opportunity to work their feats of treason and conspiracy the better against the king and this his realm. In which part," concluded Cromwell, "ye shall somewhat engrieve the matter, after such sort that it may well appear to the French king that the King's Highness may take those his counsels both strangely and unkindly."[468]

His elaborate despatch to Cassalis intended for the pope.

With the German princes Henry was scarcely less imperious;[469] and it is noteworthy that the most elaborate defence which he condescended to make is that which was sent to Sir Gregory Cassalis, to be laid before the pope. He chose that the Roman court should understand distinctly the grounds on which he had acted; and this despatch (which was written by Cromwell) shows more clearly than any other state paper which remains to us, the light in which the reforming party desired their conduct to be regarded.

It was written in reply to the letter in which Cassalis reported the irritation of the Roman court, and enters into the whole ground of complaint against More and Fisher.

He cannot sufficiently marvel at the pope's displeasure.

"I have signified," wrote Cromwell, "to the King's Highness the purport of your late letters, and as they contained many things which were very welcome to his Majesty, so he could not sufficiently marvel that the pope should have conceived so great offence at the deaths of the Bishop of Rochester and Sir Thomas More. And albeit his Majesty is not bound to render account of his actions except to God, whom in thought and deed he is ever desirous to obey; nevertheless that his royal name may not be evil spoken of by malicious tongues, from want of knowledge of the truth, I will tell you briefly what has been done in this matter.

"After that his Majesty, with the favour and assistance of Almighty God, had brought his cause to an end, by the consent and authority of unprejudiced persons of the most approved learning in Christendom,—and after he had confirmed it by the very rule of truth, these men, who had looked to see a far different conclusion, finding now no hopes of Fisher and More had obstructed the reforms which had been introduced into the realm. disturbing the settlement thus made, began to meditate other purposes. And when our good king, according to his princely duty, was devising measures for the quiet and good order of the realm, and for the correction of manners now largely fallen to decay, this, so great a benefit to the commonweal, they did, so far as in them lay, endeavour, though without effect, under pretence of dissembled honesty, to obstruct and oppose. Manifest proofs of their wicked designs were in the hands of the King's Grace; but his Majesty consented rather to pass over their offence without notice, hoping to recall them to a better mind, as having before been in some good estimation with him.

They had thwarted the measures in progress through parliament,

"But they in whom ambition, love of self, and a peculiar conceit of wisdom had bred another persuasion, obstinately abused this kindness of their most noble prince. And when on a certain day there was order issued for the assembly of the great council of the realm, they made secret inquiry to learn the measures which would there be treated of. Whatsoever they discovered or conjectured, forthwith they debated in private council among themselves, arriving upon each point at conclusions other than those which the interests of the realm did require; and they fortified those conclusions with such array of arguments and reasons, that with no great labour the ignorant people might have been dangerously deceived.

"At length knowing that they had incurred the king's displeasure, and fearing lest they might fail of accomplishing their purposes, they chose out persons on whose courage, readiness, and devotion to themselves they could depend; and taking these men into their councils, they fed them with the poison which they had conceived, forgetting their allegiance to their king, and their duty to their And had organized seditious opposition in the country. country.[470] Thus were their seditious opinions scattered over the country. And when his Highness began to trace this impious conspiracy to its source, Sir Thomas More and the Bishop of Rochester were found to be the undoubted authors of the same; and their guilt was proved against them by the evidence of their own handwrit, and the confessions of their own lips. For these causes, therefore, and for many others of like kind, our most gracious sovereign was compelled to imprison them as rebellious subjects, as disturbers of the public peace, and as movers of sedition and tumult. Nor was it possible for him to do They had in consequence been committed to the Tower, where they were treated with the utmost kindness.

Kindness had, however, produced no effect; they had continued to obstruct the government; and had therefore been tried and condemned by the ordinary laws of the realm.
other than punish them, unless, after their crimes had been detected, he had so far forgotten his duty as to leave the contagion to spread unchecked, to the utter destruction of the nation. They were in consequence thrown into the Tower, where, however, their treatment was far different from what their demerits had deserved; they were allowed the society of their friends; their own servants were admitted to attend upon them, and they received all such indulgences in food and dress as their families desired. Clemency, however, produced no effect on persons in whom duty and allegiance had given place to treason and malice. They chose rather to persist in their wicked courses than to make trial by repentance of the king's goodness. For after that certain laws had been decreed by authority of parliament, and had been by the whole nation admitted and accepted as expedient for the realm, and agreeable to true religion, they alone refused their consent to these laws, hoping that something might occur to sustain them in their impiety; and while professing to have left all care and thought for human things, they were considering by what arguments, in furtherance of their seditious purposes, they might, to the common hurt, elude, refute, and disturb the said laws.

"Of this their treason there are proofs extant—letters written, when ink failed them, with chalk or charcoal, and passed secretly from one to the other. Our most merciful king could therefore no longer tolerate their grievous faults. He allowed them to be tried by process of ordinary law. They were found guilty of high treason, and sentenced to death. Their punishment was milder than that which the law prescribed, or which their crimes had deserved; and many persons have by this example been brought to a better mind."[471]

To Cromwell evidently the case appeared so clear as to require no apology. To modern writers it has appeared so clear as to admit of none. The value of the defence turns upon the point of the actual danger to the state, and the extent to which the conduct of the sufferers imperilled the progress of the Reformation. As written for the eyes of the pope and cardinals, however, such a letter could be understood only as daring them to do their worst. It ignored the very existence of such rules of judgment as the heads of the Roman church would alone acknowledge, and represented the story as it appeared from the position which England had assumed on its revolt from its old allegiance.