The wizard himself was next sent for. The prophecies about the king he denied wholly. He admitted that he had seen an angel in a dream giving Sir William Neville the shield of the earldom in Warwick Castle, and that he had accompanied the two brothers to Warwick, to examine the tower. Beyond that, he said that he knew nothing either of them or of their intentions. He undertakes to make the philosopher's stone, and will jeopard his life upon it. He declared himself a good subject, and he would "jeopard his life" to make the philosopher's stone for the king in twelve months if the king pleased to command him. He desired "no longer space than twelve months upon silver and twelve and a half upon gold "; to be kept in prison till he had done it; and it would be "better to the King's Grace than a thousand men."[218]
The result of these examinations does not appear, except it be that the Nevilles were dismissed without punishment; and the story itself may be thought too trifling to have deserved a grave notice. I see in it, however, an illustration very noticeworthy of the temper which was working in the country. The suspicion of treason in the Neville family may not have been confirmed, although we see them casting longing looks on the lost inheritance of Warwick; but their confessions betray the visions of impending change, anarchy, and confusion, which were haunting the popular imagination. A craving after prophecies, a restless eagerness to search into the future by abnormal means, had infected all ranks from the highest to the lowest; and such symptoms, when they appear, are a sure evidence of approaching disorder, for they are an evidence of a present madness which has brought down wisdom to a common level with folly. At such times, the idlest fancy is more potent with the mind than the soundest arguments of reason. The understanding abdicates its functions; and men are given over, as if by magic, to the enchantments of insanity.
Phenomena of this eccentric kind always accompany periods of intellectual change. Most men live and think by habit; and when habit fails them, they are like unskilful sailors who have lost the landmarks of their course, and have no compass and no celestial charts by which to steer. In the years which preceded the French Revolution, Cagliostro was the companion of princes,—at the dissolution of paganism the practicers of curious arts, the witches and the necromancers, were the sole objects of reverence in the Roman world; and so, before the Reformation, archbishops and cardinals saw an inspired prophetess in a Kentish servant-girl; Oxford heads of colleges sought out heretics with the help of astrology; Anne Boleyn blessed a basin of rings, her royal fingers pouring such virtue into the metal that no disorder could resist it;[219] Wolsey had a magic crystal; and Cromwell, while in Wolsey's household, "did haunt to the company of a wizard."[220] These things were the counterpart of a religion which taught that slips of paper, duly paid for, could secure indemnity for sin. It was well for England that the chief captain at least was proof against the epidemic—no random scandal seems ever to have whispered that such delusions had touched the mind of the king.[221]
While the government were prosecuting these inquiries at home, the law at the Vatican had run its course; November passed, and as no submission had arrived, the sentence of the 12th of July came into force, and the king, the queen, and the Archbishop of Canterbury were declared to have incurred the threatened censures.
The privy council met on the 2d of December, and was determined in consequence that copies of the "Act of Appeals," and of the king's "provocation" to a general council, should be fixed without delay on every church-door in England. Protests were at the same time to be drawn up and sent into Flanders, and to the other courts in Europe, "to the intent the falsehood and injustice of the Bishop of Rome might appear to all the world." The defences of the country were to be looked to; and "spies" to be sent into Scotland to see "what they intended there," "and whether they Renewed suggestion of a Protestant league. would confeder themselves with any outward princes." Finally, it was proposed that the attempt to form an alliance with the Lutheran powers should be renewed on a larger scale; that certain discreet and grave persons should be appointed to conclude "some league or amity with the princes of Germany,"—"that is to say, the King of Poland, the King of Hungary,[222] the Duke of Saxony, the Duke of Bavaria, the Duke of Brandenburg, the Landgrave of Hesse, and other potentates."[223] Vaughan's mission had been merely tentative, and had failed. Yet the offer of a league, offensive and defensive, the immediate and avowed object of which was a general council at which the Protestants should be represented, might easily succeed where vague offers of amity had come to nothing. The formation of a Protestant alliance, however, would have been equivalent to a declaration of war against Catholic Europe; and it was a step which could not be taken, consistently with the Treaty of Calais, without first communicating with Francis.
Henry, therefore, by the advice of the council, wrote a despatch to Sir John Wallop, the ambassador at Paris, which was to be laid before the French court. He explained the circumstances in which he was placed, with the suggestion which the council had made to him. He gave a list of the princes with whom he had been desired by his ministers to connect himself,—and the object was December 2. nothing less than a coalition of Northern Europe. He recapitulated the injuries which he had received from the pope, who at length was studying "to subvert the rest and peace of the realm "; "yea, and so much as in him was, utterly to destroy the same." The nobles A Protestant alliance highly desirable to put an end to the usurpation of the pope. and council, he said, for their own sake as well as for the sake of the kingdom, had entreated him to put an end, once for all, to the pope's usurpation; and to invite the Protestant princes, for the universal weal of Christendom, to unite in a common alliance. In his present situation he was inclined to act upon this advice. "As concerning his own realm, he had already taken such order with his nobles and subjects, as he would shortly be able to give to the pope such a buffet as he never had heretofore; "but as a German alliance was a matter of great weight and importance, He will not act, however, without first consulting his good brother. "although," he concluded, "we consider it to be right expedient to set forth the same with all diligence, yet we intend nothing to do therein without making our good brother first privy thereunto. And for this cause and consideration only, you may say that we have at this time addressed these letters unto you, commanding you to declare our said purpose unto our good brother, and to require of him on our behalf his good address and best advice. Of his answer we require you to advertise us with all diligence, for according thereunto we intend to attemper our proceedings. We have lately had advertisements how that our said good brother should, by the labour of divers affectionate Papists, be minded to set forth something with his clergy in advancement of the pope and his desires. This we cannot believe that he will do."[224]
The meaning of this letter lies upon the surface. If the European powers were determined to leave him no alternative, the king was prepared to ally himself with the Lutherans. But however he might profess to desire that alliance, it was evident that he would prefer, if possible, a less extreme resource. The pope had ceased to be an object of concern to him; but he could not contemplate, without extreme unwillingness, a separation from the orderly governments who professed the Catholic faith. The pope had injured him; Francis had deceived him; they had tempted his patience because they knew his disposition. The limit of endurance had been reached at length; yet, on the verge of the concluding rupture, he turned once more, as if to offer a last opportunity of peace.
The reply of Francis was an immediate mission of the Bishop of Bayonne (now Bishop of Paris), first into England, and from England to Rome, where he was to endeavour, to the best of his ability, to seam together the already gaping rent in the church with fair words—a hopeless task—the results of which, however, were unexpectedly considerable, as will be presently seen.
Meanwhile, on the side of Flanders, the atmosphere was dubious and menacing. The refugee friars, who were reported to be well supplied with money from England, were labouring to exasperate the people, Father Peto especially distinguishing himself upon this service.[225] The English ambassador, Sir John Hacket, still remained at Brussels, and the two governments were formally at peace; but when Hacket required the The English ambassador requests the queen-regent to forbid the publication of the papal censures in Flanders. She refuses. queen-regent to forbid the publication of the brief of July in the Netherlands, he was met with a positive refusal. "M. Ambassador," she said, "the Emperor, the King of Hungary, the Queen of France, the King of Portugal, and I, understand what are the rights of our aunt—our duty is to her—and such letters of the pope as come hither in her favour we shall obey. Your master has no right to complain either of the emperor or of myself, if we support our aunt in a just cause."[226] At the same time, formal complaints were made by Charles of the personal treatment of Queen Catherine, and the clouds appeared to be gathering for a storm. Yet here, too, there was an evident shrinking from extremities. A Welsh gentleman had December 15. been at Brussels to offer his services against Henry, and had met with apparent coldness. Sir John Hacket wrote, on the 15th of December, that he was assured by well-informed persons, that so long as Charles lived, he would never be the first to begin a war with England, "which would rebound to the destruction of the Low Countries."[227] December 23. A week later, when the queen-regent was suffering from an alarming illness, he said it was reported that, should she die, Catherine or Mary, if either of them was allowed to leave England, would be held "meet to have governance of the Low Countries."[228] Proposal to make Catherine or Mary Regent of the Netherlands. This was a generous step, if the emperor seriously contemplated it. The failure of the Nun of Kent had perhaps taught him that there was no present prospect of a successful insurrection. In his conduct towards England, he was seemingly governing himself by the prospect which might open for a successful attack upon it. If occasion offered to strike Charles waiting upon events. the government in connexion with an efficient Catholic party in the nation itself, he would not fail to avail himself of it.[229] Otherwise, he would perhaps content himself with an attitude of inactive menace; unless menaced himself by a Protestant confederation.
Amidst these uneasy symptoms at home and abroad, parliament reassembled on the 15th of January. It was a changed England since these men first came together on the fall of Wolsey. Session after session had been spent in clipping the roots of the old tree which had overshadowed them for centuries. On their present meeting they were to finish their work, and lay it prostrate for ever. Negotiations were still pending with the See of Rome, and this momentous session had closed before the final catastrophe. The measures which were passed in the course of it are not, therefore, to be looked upon as adopted hastily, in a spirit of retaliation, but as the consistent accomplishment of a course which had been deliberately adopted, to reverse the positions of the civil and spiritual authority within the realm, and to withdraw the realm itself from all dependence on a foreign power.
The Annates and Firstfruits' Bill had not yet received the royal assent; but the pope had refused to grant the bulls for bishops recently appointed, and he was no longer to receive payment for services which he refused to render. Peter's pence were still paid, and might continue to be paid, if the pope would recollect himself; but, like the Sibyl of Cuma, Henry destroyed some fresh privilege with each delay of justice, demanding the same price for the preservation of what remained. The secondary streams of tribute now only remained to the Roman See; and communion with the English church, which it was for Clement to accept or refuse.
The circumstances under which the session opened were, however, grave and saddening. Simultaneously with the concluding legislation on the church, the succession to the throne was to be determined in terms which might, perhaps, be accepted as a declaration of war by the emperor; and the affair of the Nun of Kent had rendered necessary an inquiry into the conduct of honoured members of the two Houses, who were lying under the shadow of high Perils of the Reformation. treason. The conditions were for the first time to be plainly seen under which the Reformation was to fight its way. The road which lay before it was beset not merely with external obstacles, which a strong will and a strong hand could crush, but with the phantoms of dying faiths, which haunted the hearts of all living men; the superstitions, the prejudices, the hopes, the fears, the passions, which swayed stormily and fitfully through the minds of every actor in the great drama.
The uniformity of action in the parliament of 1529, during the seven years which it continued, is due to the one man who saw his way distinctly, Thomas Cromwell. The nation was substantially united on the divorce question, could the divorce be secured without a rupture with the European powers. It was united also on the necessity of limiting the jurisdiction of the clergy, and cutting short the powers of the consistory courts. But in questions of "opinion" there was the most sensitive jealousy; and from the combined instincts of prejudice and conservatism, the majority of the country in a count of heads would undoubtedly have been against a separation from Rome.
The clergy professed to approve the acts of the government, but it was for the most part with the unwilling acquiescence of men who were without courage to refuse. The king was divided against himself. Nine days in ten he was the clear-headed, energetic, powerful statesman; on, the tenth he was looking wistfully to the superstition which he had left, and the clear sunshine was darkened with theological clouds, which broke in lightning and Danger of reaction. persecution. Thus there was danger at any moment of a reaction, unless opportunity was taken at the flood, unless the work was executed too completely to admit of reconsideration, and the nation committed to a course from which it was impossible to recede. The action of the conservatives was paralysed for the time by the want of a fixed purpose. The various parts of the movement were so skilfully linked together, that partial opposition to it was impossible; and so long as the people had to choose between the pope and the king, their loyalty would not allow them to hesitate. But very few men actively adhered to Cromwell. Cromwell had Peculiarity of Cromwell's genius. struck the line on which the forces of nature were truly moving,—the resultant, not of the victory of either of the extreme parties, but of the joint action of their opposing forces. To him belonged the rare privilege of genius, to see what other men could not see; and therefore he was condemned to rule a generation which hated him, to do the will of God, and to perish in his success. He had no party. By the nobles he was regarded with the same mixed contempt and fear which had been felt for Wolsey. The Protestants, perhaps, knew what he was, but he could only purchase their toleration by himself checking their extravagance. Latimer was the only person of real power on whose friendship he could calculate, and Latimer was too plain-spoken on dangerous questions to be useful as a political supporter.
The session commenced on the 15th of January.
The first step was to receive the final submission of convocation. The undignified resistance was at last over, and the clergy had promised to abstain for the future from unlicensed legislation. To secure their adherence to their engagements, an act[230] was passed to make the breach Mixed Commission, intended for the revision of the Canon law. of that engagement penal; and a commission of thirty-two persons, half of whom were to be laymen, was designed for the revision of the Canon law.[231]
The next most important movement was to assimilate the trials for heresy with the trials for other criminal offences. I have already explained at length the manner in which the bishops abused their judicial powers. These powers were not absolutely taken away, but ecclesiastics were no longer permitted to arrest ex officio and examine at their pleasure. Where a charge of heresy was to be brought against a man, presentments were to be made by lawful witnesses before justices of the peace; and then, and not otherwise, he might fall under the authority of the "ordinary." Secret examinations were declared illegal. The offender was to be tried in open court, and, previous to his trial, had a right to be admitted to bail, unless the bishop could show cause to the contrary to the satisfaction of two magistrates.[232]
This was but a slight instalment of lenity; but it was an indication of the turning tide. Limited as it was, the act operated as an effective check upon persecution till the passing of the Six Articles Bill.
Turning next to the relations between England and Rome, the parliament reviewed the Annates Act,[233] which had been left unratified in the hope that the pope might have consented to a compromise, and that "by some gentle ways the said exaction might have been redressed and reformed." The expectation had been disappointed. The pope had not condescended to reply to the communication which had been made to him, and the act had in An alteration is necessary in the mode of electing bishops. consequence received the royal assent. An alteration had thus become necessary in the manner of presentation to vacant bishoprics. The anomalies of the existing practice have been already described. By the Great Charter the chapters had acquired the right of free election. A congé d'élire was granted by the king on the occurrence of a vacancy, with no attempt at a nomination. The chapters were supposed to make their choice freely, and the name of the bishop-elect was forwarded to the pope, who returned the Pallium and the Bulls, receiving the Annates in exchange. The pope's part in the matter was now terminated. No Annates would be sent any longer to Rome, and no Bulls would be returned from Rome. The appointments lay The Chapters had gradually lost the privileges granted to them by the Great Charter. between the chapters and the crown; and it might have seemed, at first sight, as if it would have been sufficient to omit the reference to the papacy, and as if the remaining forms might continue as they were. The chapters, however, had virtually long ceased to elect freely; the crown had absorbed the entire functions of presentation, sometimes appointing foreigners,[234] sometimes allowing the great ecclesiastical ministers to nominate themselves;[235] while the rights of the chapters, though existing in theory, were not officially recognised either by the pope or by the crown. The king affected to accept the names of the prelates-elect, when returned to him from Rome, as nominations by the pope; and the pope, in The nomination had virtually rested with the crown. communicating with the chapters, presented them with their bishops as from himself.[236] The papal share in the matter was a shadow, but it was acknowledged under the forms of courtesy; the share of the chapters was wholly and absolutely ignored. The crisis of a revolution was not the moment at which their legal privileges could be safely restored to them. The problem of re-arrangement was a difficult one, and it was met in a Difficulty of re-arrangement. The congé d'élire. manner peculiarly English. The practice of granting the congé d'élire to the chapters on the occurrence of a vacancy, which had fallen into desuetude, was again adopted, and the church resumed the forms of liberty: but the licence to elect a bishop was to be accompanied with the name of the person whom the chapter was required to elect; and if within twelve days the person so named had not been chosen, the nomination of the crown was to become absolute, and the chapter would incur a Premunire.[237]
This act, which I conceive to have been more arbitrary in form than in intention, was followed by a closing attack upon the remaining "exactions" of the Bishop of Rome. The Annates were gone. There were yet to go, "Pensions, Censes, Peter's Pence, Procurations, Fruits, Suits for Provision, Delegacies and Rescripts in causes of Contention and Appeals, Jurisdictions legatine—also Dispensations, Licenses, Faculties, Grants, Relaxations, Writs called Perinde valere, Rehabilitations, Abolitions," with other unnamed (the parliament being wearied of naming them) "infinite sorts of Rules, Briefs, and instruments of sundry natures, names, and kinds." All these were perennially open sluices, which had drained England of its wealth for centuries, returning only in showers of paper; and the Commons were determined that streams so unremunerative should flow no longer. They conceived that they had been all along imposed upon, and that the "Bishop of Rome was to be blamed for having allured and beguiled the English nation, persuading them that he had power to dispense with human Conditional abolition of the papal authority in England. laws, uses, and customs, contrary to right and conscience." If the king so pleased, therefore, they would not be so beguiled any more. These and all similar exactions should cease; and all powers claimed by the Bishop of Rome within the realm should cease, and should be transferred to the crown. At the same time they would not press upon the pope too hardly; they would repeat the same conditions which they had offered with the Annates. He had received these revenues as the supreme judge in the highest court in Europe, and he might retain his revenues or receive compensation for them, if he dared to be just. It Three months allowed to the pope to decide. was for himself to resolve, and three months allowed for a final decision.
In conclusion, the Commons thought it well to assert that they were separating, not from the church of Christ, but only from the papacy. A judge who allowed himself to be overawed against his conscience by a secular power, could not any longer be recognised; but no thing or things contained in the act should be afterwards "interpreted or expounded, that his Grace (the king), his nobles and subjects, intended by the same to decline or vary from the congregation of Christ's church in anything concerning the articles of the Catholic faith of Christendom, or in any other things declared by the Holy Scripture and the Word of God necessary for salvation; but only to make an ordinance, by policies necessary and convenient, to repress vice, and for the good conservation of the realm in peace, unity, and tranquillity, from ravin and spoil—ensuing much the old antient customs of the realm in that behalf."[238]
The most arduous business was thus finished—the most painful remained. The Nun of Kent and her accomplices were to be proceeded against by act of parliament; and the bill of their attainder was presented for the first time in the House of Lords, on the 18th of February. The offence of the Bill of attainder against the Nun of Kent and her accomplices. principal conspirators was plainly high treason; their own confessions removed uncertainty; the guilt was clear—the sentence was inevitable. But the fault of those who had been listeners only was less easy of measurement, and might vary from comparative innocence to a definite breach of allegiance.
The government were unwilling to press with severity on the noble lords and ladies whose names had been unexpectedly brought to light; and there were two men of high rank only, whose complicity it was thought necessary to notice. The Bishop of Rochester's connexion with the Nun had been culpably encouraging; and the responsibility of Sir Thomas More was held also to be very great in having countenanced, however lightly, such perilous schemers.
In the bill, therefore, as it was first read, More and Fisher found themselves declared guilty of misprision of treason. But the object of this measure was rather to warn than to punish, nor was there any real intention of continuing their prosecution. Cromwell, under instructions from the king, had communicated privately with both of them. He had sent a message to Fisher through his brother, telling him that he had only to ask for Private communications are made to them by Cromwell that the king will accept their apology. forgiveness to receive it;[239] and he had begged More through his son-in-law, Mr. Roper, to furnish him with an explicit account of what had passed at any time between himself and the Nun,[240] with an intimation that, if honestly made, it would be accepted in his favour.
These advances were met by More in the spirit in which they were offered. He heartily thanked Cromwell, "reckoning himself right deeply beholden to Sir Thomas More complies elaborately and reasonably. him;"[241] and replied with a long, minute, and evidently veracious story, detailing an interview which he had held with the woman in the chapel of Sion Monastery. He sent at the same time a copy of a letter which he had written to her, and described various conversations with the friars who were concerned in the forgery. He did not deny that he had believed the Nun to have been inspired, or that he had heard of the language which she was in the habit of using respecting the king. He protested, however, that he had himself never entertained a treasonable thought. He told Cromwell that "he had done a very meritorious deed in bringing forth to light such detestable hypocrisy, whereby every other wretch might take warning, and be feared to set forth their devilish dissembled falsehoods under the manner and colour of the wonderful work of God."[242] More's offence had not been great. His acknowledgments were open and unreserved; and Cromwell laid his letter before the king, adding his own intercession that the matter might More is pardoned. be passed over. Henry consented, expressing only his grief and concern that Sir Thomas More should have acted so unwisely.[243] He required, nevertheless, as Cromwell suggested, that a formal letter should be written, with a confession of fault, and a request for forgiveness. More obeyed; he wrote, gracefully reminding the king of a promise when he resigned the chancellorship, that in any suit which he might afterwards have to his Grace, either touching his honour or his profit, he should find his Highness his good and gracious lord.[244] Henry acknowledged his claim; his name was struck out of the bill, and the prosecution against him was dropped.
Fisher's conduct was very different; his fault had been far greater than More's, and promises more explicit had been held out to him of forgiveness. He replied to these promises by an elaborate and ridiculous defence,—not writing to the king, as Cromwell desired him, but vindicating himself as having committed no fault; although he had listened eagerly to language which was only pardonable on the assumption that it was inspired, and had encouraged a nest of fanatics by his childish credulity. The Nun "had showed him not," he said, "that any prince or temporal lord should put the king in danger of his crown." He knew nothing of the intended insurrection. Folly of his position; He believed the woman to have been a saint; he supposed that she had herself told the king all which she had told to him; and therefore he said that he had nothing for which to reproach himself.[245] He was unable to see that the exposure of the imposture had imparted a fresh character to his conduct, which he was bound to regret. Knowingly or unknowingly, he had lent his countenance to a conspiracy; and so long as he refused to acknowledge his indiscretion, the government necessarily would interpret his actions in the manner least to his advantage.
If he desired that his conduct should be forgotten, it was indispensable that he should change his attitude, and so Cromwell warned him. "Ye desire," the latter wrote, "for the passion of Christ, that ye be no more quickened in this matter; for if ye be put to that strait ye will not lose your soul, but ye will speak as your conscience leadeth you; with many more words of great courage. My Lord, if ye had taken my counsel sent unto you by your brother, and followed the same, submitting yourself by your letter to the King's Grace for your offences in this behalf, I would have trusted that ye should never be quickened in the matter more. But now where ye take upon you to defy the whole matter as ye were in no default, I And once more urges him to apologize. cannot so far promise you. Wherefore, my Lord, I would eftsoons advise you that, laying apart all such excuses as ye have alleged in your letters, which in my opinion be of small effect, ye beseech the King's Grace to be your gracious lord, and to remit unto you your negligence, oversight, and offence committed against his Highness in this behalf; and I dare undertake that his Highness shall benignly accept you into his gracious favour, all matter of displeasure past afore this time forgotten and forgiven."[246]
Fisher must have been a hopelessly impracticable person. Instead of following More's example, and accepting well-meant advice, he persisted in the same tone, and drew up an address to the House of Lords, in which he repeated the defence which he had made to Cromwell. He expressed no sorrow that he had been engaged in a criminal intrigue, no pleasure that the intrigue had been discovered; and he doggedly adhered to his assertions of his own innocence.[247]
There was nothing to be done except to proceed with his attainder. The bill passed three readings, and the various prisoners were summoned to the Star Chamber to be heard in arrest of judgment. The Bishop of Rochester's attendance was dispensed with on the ground of illness, and because he had made his defence in writing.[248] Nothing of consequence was urged by either of the accused. The bill was most explicit in its details, going carefully through the history of the imposture, and dwelling on the separate acts of each offender. They were able to disprove no one of its clauses, and on the 12th of March it was read a last time. On the 21st it received the royal assent, and there remained only to execute the sentence. The Nun and the monks to be executed. The Bishop of Rochester and Father Abel to be imprisoned with forfeiture of goods. The Nun herself, Richard Masters, and the five friars being found guilty of high treason, were to die; the Bishop of Rochester, Father Abel, Queen Catherine's confessor, and four more, were sentenced for misprision of treason to forfeiture of goods and imprisonment. All other persons implicated, whose names did not appear, were declared pardoned at the intercession of Queen Anne.[249]
The chief offenders suffered at Tyburn on the 21st of April, meeting death calmly, as it appears; receiving a fate most necessary and most deserved,[250] yet claiming from us that partial respect which is due to all persons who will risk their lives in an unselfish cause. For the Nun herself, we may feel even a less qualified regret. Before her death she was permitted to speak a few words to the people, which at the distance of three centuries will not be read without emotion.
"Hither am I come to die," she said, "and I have not been the only cause of mine own death, which most justly I have deserved; but also I am the cause of the death of all these persons which at this time here suffer. And yet I am not so much to be blamed, considering that it was well known unto these learned men that I was a poor wench without learning; and therefore they might have easily perceived that the things which were done by me could not proceed in no such sort; but their capacities and learning could right well judge that they were altogether feigned. But because the things which I feigned were profitable unto them, therefore they much praised me, and bare me in hand that it was the Holy Ghost and not I that did them. And I being puffed up with their praises, fell into a pride and foolish fantasye with myself, and thought I might feign what I would, which thing hath brought me to this case, and for the which I now cry God and the King's Highness most heartily mercy, and desire all you good people to pray to God to have mercy on me, and on all them that here suffer with me."[251]
The inferior confederates were committed to their prisons with the exception only of Fisher, who, though sentenced, found mercy thrust upon him, till by fresh provocation the miserable old man forced himself upon his fate.[252]
And now the closing seal was to be affixed to the agitation of the great question of the preceding years. I have said that throughout these years the uncertainty of the succession had been the continual anxiety of the nation. The birth of a prince or princess could alone provide an absolute security; and to beget a prince appeared to be the single feat which Henry The necessity of it. was unable to accomplish. The marriage so dearly bought had been followed as yet only by a girl; and if the king were to die, leaving two daughters circumstanced as Mary and Elizabeth were circumstanced, a dispute would open which the sword only could decide. To escape the certainty of civil war, therefore, it was necessary to lay down the line of inheritance by a peremptory order; to cut off resolutely all rival claims; and, in legislating upon a matter so vital, and hitherto so uncertain and indeterminate, to enforce the decision with the most stringent and exacting penalties. From the Heptarchy downwards English history furnished no fixed rule of inheritance, but only a series of precedents of uncertainty; and while at no previous time had the circumstances of the succession been of a nature so legitimately embarrassing, the relations of England with the pope and with foreign powers doubly enhanced the danger. But I will not use my own language on so important a subject. The preamble of the Act of Succession is the best interpreter of the provisions of that act.
"In their most humble wise show unto your Majesty your most humble and obedient subjects, the Lords Spiritual and Temporal and the Commons, in this present parliament assembled; that since it is the natural inclination of every man gladly and willingly to provide for the safety of both his title and succession, although it touch only his private cause; we therefore, most rightful and dreadful Sovereign Lord, reckon ourselves much more bounden to beseech and intreat your Highness (although we doubt not of your princely heart and wisdom, mixed with a natural affection to the same) to foresee and provide for the most perfect surety of both you and of your most lawful successors and heirs, upon which dependeth all our joy and wealth; in whom also is united and knit the only mere true inheritance and And inasmuch as in times past a disputed succession has on many occasions caused confusion and bloodshed in the realm, title of this realm without any contradiction. We, your said most humble and obedient servants, call to our remembrance the great divisions which in times past hath been in this realm by reason of several titles pretended to the imperial crown of the same; which some time and for the most part ensued by occasion of ambiguity, and [by] doubts then not so perfectly declared but that men might upon froward intents expound them to every man's sinister appetite and affection after their senses; whereof hath ensued great destruction and effusion of man's blood, as well of a great number of the nobles as of other the subjects and specially inheritors in Because there has been no fixed order or rule of inheritance, the same. The greatest occasion thereof hath been because no perfect and substantial provision by law hath been made within this realm itself when doubts and questions have been moved; by reason whereof the Bishops of Rome and See Apostolic have presumed in times past to invest who should please them to inherit in other men's kingdoms and dominions, which thing we your most humble subjects, both spiritual and temporal, do much abhor and And because the intrigues of the popes and of foreign princes have created sedition and confusion, detest. And sometimes other foreign princes and potentates of sundry degrees, minding rather dissension and discord to continue in the realm than charity, equity, or unity, have many times supported wrong titles, whereby they might the more easily and facilly aspire to the superiority of the same.