THE LIBRARY OF THE UNIVERSITY OF CALIFORNIA LOS ANGELES D Hoadly pmx. vr BY SCO! '.i _Ai- r.HHOUSE SO THE HISTORY THE REFORMATION CHURCH OF ENGLAND. BY GILBERT BURNET, D.D. LATE LORD BISHOP OF SALISBURY. WITH THE COLLECTION OF RECORDS, AND A COPIOUS INDEX. REVISED AND CORRECTED, WITH ADDITIONAL NOTES, AND A PREFACE CALCULATED TO REMOVE CERTAIN DIFFICULTIES ATTENDING THE PERUSAL OF THIS IMPORTANT HISTORY, BY THE REV. E. NARES, D.D. Regius Professor of Modern History in the University of Oxford ; and Rector of Biddenden and Newchurch, Kent. WITH A FRONTISPIECE, AND TWENTY-TWO PORTRAITS. IN FOUR VOLUMES. VOL. I. LONDON: PRINTED FOR SCOTT, WEBSTER, & GEARY, CHARTERHOUSE SQUARE. 1837. College Libnury THE HISTORY OF THE REFORMATION. PART I. OF THE PROGRESS MADE IN IT DURING THE REIGN OF HENRY VIII. 1164616 PREFACE BY THE REV. DR. NARES. dTkFTEN as this celebrated History of the Refor- mation of the Church of England has been printed and published, often as it has been read, and continually as it has been referred to by successive writers, interested in the important subject of which it treats, yet one thing seems to have been constantly overlooked, namely, the necessity of a distinct Pre- face, to point out and explain to readers in general, the peculiar method, as well as the particular cha- racter of the publication. It is a work of too great magnitude to be often or repeatedly read through, and though its eminence as an historical work, must jrtways be such, as to render it imperatively neces- sary with certain writers to consult its pages ; yet, jneyery rep^ipt of it, it should be contemplated by f ^i r me publisher, not merely as a book of reference, though for such purposes, I shall have to shew that a preface like the present is much wanted, but as one to be read like other books of history regu- larly from the beginning to the end ; not by pro- fessed scholars only, or by persons already versed in history, civil or ecclesiastical, but by such as may be only beginning their historical inquiries and re- searches ; young readers, and mere students. Any helps therefore to such readers, cannot be misap- plied, and ought not to be looked upon as superfluous. Scarcely any other book of equal importance, per- haps, stands so much in need of preliminary expla- nation, as this great work of the celebrated writer whose name it bears. There are, it is true, regular and distinct Prefaces to every volume, written by the learned Author himself: but, it may be asked, vi PREFACE. how is the reader of the first and second volumes, to know, till he comes to it, according to the ordi- nary mode of reading, that the third volume, is, as it were, quite a separate work altogether supple- mentary, and in point of composition, of a date, not less than thirty-three years later than the two pre- ceding volumes ? of which preceding volumes also, it is, in a great degree, corrective, so as to render its contents little less than vexatious and mortifying to those, who may, unaware of the circumstance, have already given implicit confidence to the contents of the first two volumes. It must often, we should think, have been a matter of just surprise to the readers of this history, to discover, that on arriving at the third volume, they have had only to travel again over the same ground, and even to wwread, as it were, much of what they had read before. Nor is this all, -for in most of the editions hitherto published, no fewer than six papers have been added, at the very end of the third volume, of corrections, criticisms, 8$c. addressed to the Author himself, and still placed, therefore, where he originally left them. Whereas, one would think, the simpler method would have been, in all subsequent editions, to have cor- rected the text itself by help of these papers ; the value and importance of them to a certain extent, having to all appearance been admitted by the Au- thor.* In the edition, published in the year 1820, something of this kind was however attempted, by incorporating, or supplying in short notes, the cor- rections of mistakes in the two first volumes, sent to the Author by Mr. Granger, being the first of the six papers to be found in other editions, but which is now omitted in the appendix to this edition, as no * It is indeed quite remarkable, that this method had even been suggested to Burnet himself, and that his only reason for not adopting it was, that it might lensen the value of such impressions of his work as had been previously bought up by the public. [See the Introduction to vol. iii.] PREFACE. VH longer necessary. I shall give a few instances of these corrections, to shew, how preposterous it must have been, to compel the reader, according to the common mode of printing the work, to read quite to the end of it, in order to discover the errors that had been committed. Who would suppose, for instance, that while Burnet was yet alive, he had been admonished of an error into which he had fallen, in speaking of the Council of Trullo, (or in Trullo as it should rather be*) as a council holden in the fifth century, whereas it took place, in reality, not till the very end of the seventh, or beginning of the eighth century? Still however the original mistake has been repeated again and again in the text, in various editions, and the correction reserved for the addenda or appendix at the very end of the work. In the present edition the text will be found to be corrected as it should be, and the correction sent to the author, omitted. Among the bishops who refused to take the oath of supremacy in the year 1559, Burnet had reckoned Christopherson of Chichester ; but that curious and diligent antiquary and historian Strype, had disco- vered by comparing dates, that Christopherson was dead at the time. In the present edition, this very simple correction has accordingly been adopted in the text, and the name of that prelate omitted, though in other editions, the name will still be found in the text of the second volume, and the corrections, which had been sent to the Author himself, in almost the last page of the third volume! Other corrections * This was in fact a Constantinopolitan Council, called together by Justinian, and holden in a Council-chamber called Trulla or Trullo; or, according to Cave, " in Secretario Imperiali quod Trullus Appellatnr," an ambiguous name. See Ainsworth's Diet. art. Trulla, and OJVO^OB in the Lexicons. It was, according to Cave, a proper (Ecumenical Council, at which 2SJ7 bishops at least were present ; some say 240. " Its tenets," says Walch, in his history of the Popes, " related to church discipline, some of them were very prudent, reasonable, aud just, but therefore unfavourable to the selfish tenets of the Koma:i church." viii PREFACE. have been adopted or set aside as unnecessary, so that, of the six papers to be found in other edi- tions, three only are retained in the present. What Burnet himself says, of the fourth of those papers, in his Preface to the third volume, may account for the omission of that in particular, but the candid manner in which he acknowledges his obligations, to those who had civilly and dispassionately supplied him with corrections does him credit. " These cor- rections," says he, in the Preface to his second volume, " I publish at the end, being neither ashamed to con- fess my faults, nor unwilling to acknowledge from what hand I received better information. My design in writing is to discover truth, and to deliver it down impartially to the next age ; so I should think it both a mean and criminal piece of vanity to suppress this discovery of rny errors, and though the number and consequence of them had been greater than it is, I should rather have submitted to a much severer penance, than have left the world in the mistakes I had led them into." In the character given of him by his contemporary, Lord Halifax, we have the fol- lowing encomium upon this head : " He is not quicker in discerning other men's faults, than he is in for- giving them ; so ready, or rather glad to acknow- ledge his own, that from blemishes they become ornaments." The praise would have been more just, had the corrections been better managed, but how- ever candid the Author may have been in acknow- ledging his faults, when told of them in a civil and friendly manner, the mistakes and corrections have to this day, been commonly kept at so great a dis- tance from each other, as rather to double the ble- mishes, than convert them into ornaments. I have already adduced some striking instances, and shall have more to bring forward. All the three volumes were in truth published PREFACE. ix separately; the first in the year 1679; the second in the year 1681 ; and the third or supplementary volume, not till the year 1714. In 1682, Burnet himself published an abridgment of the first two volumes. As the third volume, however, which was abridged by his son about the year 1719, is now known to be supplementary, the way to read the work properly, as it is commonly printed, should perhaps be as follows : to read the Preface to the first volume, and the Preface and Introduction to the third, and to look to the years in the third volume, in order to compare them with the correspondent years in the first; and in the perusal of the first volume, to attend regularly as they occur, to the marginal references pointing to the addenda at the end of that volume, now carefully supplied, but which had been accidentally omitted in a former impression. The Preface to the second volume, and reference to the corresponding years in the third, would of course follow in the same order. In this manner, Burners whole history might be read as one work, which it can scarcely be called, when the three volumes are read only in succession. For \\\Q first volume the Author received the thanks of both houses of Parliament, being urged at the same time to complete the work. Thesecotid volume was also received by the public, not with the same distinguished, yet with very general approbation. The third, according to Nicholson, very well sup plied the defects in Heylin's History of the Reforma- tion. In the History of his Own Times, Burnet relates that being at Paris in 1683, the Prince of Conde, who had read his History of the Reformation in French, seemed pleased with it, as was the case with many of the great lawyers, particularly Harlay, then Attor- ney General, who having some reason to expect a rupture with the Court of Rome at that time, openly x PREFACE. asserted, that in the History of the English Refor- mation they had a good plan to copy from, vol. ii. p. 182,3. It is pretty generally known, that the Right Reve- rend Author of the History of the Reformation of the Church of England, has always lain under two impu- tations, which it may not be amiss to notice here ; the one, that of being a loose and careless writer, the other, that of writing under the influence of strong prejudices. In the notes to Archbishop Laurence's Bampton Lecture Sermons, 1805, some very extra- ordinary oversights having been noticed, the learned Author observes, " I have been the more particular on this occasion in pointing out the inaccuracies of Burnet, because he seems in general to have been too implicitly trusted, misleading perhaps subsequent writers by his loose style and looser statements, more than any other historian." It is scarcely neces- sary I hope to say, after this, that the particular inaccuracies alluded to by the Archbishop in the above stricture, have been duly attended to in the present edition ; but I must repeat what I have be- fore said, as some palliation of the Bishop's failings, that no writer could ever more candidly or ingenu- ously acknowledge his own faults, than Burnet has done ; he confesses, that in some instances, he was doubtless too hasty, answering for the contents of pa- pers without due examination, and thereby mistaking one public document for another. This cannot be called indeed any thing like a satisfactory apology for such transgressions in an historian; but for his haste, the chief cause of such slips and oversights, there seems to have been some excuse, it appearing that he had been strongly, and rather on a sudden urged by others to engage in the undertaking, in order, if pos- sible, to remove the false and injurious impressions made on the minds of many of his contemporaries. PREFACE. xi against the Reformation itself, as well as in depre- ciation of the characters of our early reformers, by a revival of the calumnious and foul aspersions of the papistical Sanders, in his well-known work, de Schis- mate Anglicano, of which a French translation had just appeared and was much cried up. See our Au- thor's Preface to vol. i. and Introduction to vol. iii. It appears to have been Bishop Lloyd who first en- gaged him in the design, (Preface to vol. ii.) and from that learned Prelate, as well as from Archbishop Til- lotson and Bishop Stillingfleet, he professes to have received every friendly assistance in the revisal of his papers. In the Preface to the second volume, a full account is given of the Author's obligations to private friends, and an admirable view taken of the course and progress of the Reformation, the difficulties that stood in its way, the abuses it had to remove or cor- rect, and the insurmountable impediments that oc- curred, in the endeavour on the part of the govern- ment, to produce a perfect uniformity of doctrine, discipline, and worship. On which account, this Preface perhaps cannot be read too soon, though placed only before the second volume, three .years posterior to the publication of the first. As to the Author's carelessness in examining ori- ginal documents, and certain errors into which he fell from want of regular access to them, he very plainly tells us how all this happened, and the restrictions he lay under, particularly at the commencement of his labours ; and historians in general, it should be re- membered, had not the opportunities of rendering their works so accurate then as is now the case. He was certainly not always very happy in correcting himself, so that some authors have fancied they had detected oversights, when in truth, in some other parts of his book, such apparent mistakes are ac- counted for by the Bishop himself. An instance of xii PREFACE. this is to be found in the following reference of a very modern writer, Mr. Hallara, in his late work entitled "The Constitutional History of England," from Henry VII. to George II. 1827. " The principal authority on the story of Henry's divorce from Katjierine is Burnet, in the first and third volumes of his History of the Reformation ; the latter correcting- the Tormer from additional docu- ments. Strype, irfhgrEcclesiastical Memorials, adds some particulars not contained in Burnet, especially as to the negotiations with the Pope in 1528; and a very little may ke^gleaned from Collier7 Car^e, and other writers. . I^4 re ^ re ^ ew parts of history per- haps that have flHHteter elucidated. One excep- tion perhaps mSftti be made : the beautiful and affecting story oDi^atherine's behaviour before the Legates at Dunstfcble^s told by Cavendish and Hall, ' * 4 tl from whom later hj.stohansjh^e copied it. Burnet, however, in his v *s$pple"mental volume, p. 46, dis- puted its truth, and on what should seem conclusive authority, that of the original register, whence it ap- pears that the Queen mevfer came into Court but once,. June 18, 1529, to read a paper protesting against the jurisdiction, and that the King never en- tered it. Carte accordingly treated the story as a fabrication. Hume of course did not choose to omit so interesting a circumstance; but Dr. Lingard has pointedout a letterfrom the King, which Burnet himself had printed, vol. i. Appendix No. 28, mentioning the Queen's presence as well as his own on June 21st, and greatly corroborating the popular account. To say the truth, there is no small difficulty in choosing between two authorities so considerable, if they can- not be reconciled, which seems impossible: but, upon the whole the preference is due^ to Henry's letter, dated June 21, as he could not be mistaken, and had no motives to mistake." PREFACE. . xiii Now we may fairly conclude from this note, which is selected solely for the sake of illustration, that two such eminent writers as Mr. Hallam and Dr. Lingard could only have been led into the mistakes they ap- pear to have made, by the confused, loose, and dis- persed manner, (if I may so say) in which Burnet's corrections of himself, are introduced in the several parts and volumes of his history. For, though indeed in the 70th page of the third volume of the present edition, Burnet will still be found to assert, not only that the Queen never came into the Court after the 18th, but that the King was never in it; and that thence " it is clear, that the speeches that the his- torians have made for them, are all plain falsities :" and though Dr. Lingard's remark upon King Henry's letter of the 23d of June, 1529, be very correct, as to its contents, and as to the fact of its being "pub- lished by Burnet himself" yet he would not be jus- tified for taking to himself the credit of the discovery of this royal contradiction of Burnet's original asser- tion, since it may be seen, that in the Preface to his third volume, Burnet had corrected his own error by this very letter of the King, and endeavoured very fairly, and perhaps very reasonably to do, what Mr. Hallam pronounces to be " impossible," namely, to reconcile the letter with the record of the court, on which he had at first implicitly relied. But the most extraordinary circumstance in the case, and one for which it seems to this day ex- tremely difficult to account, is this ; that even in the first volume, p. 117, under the year 1529, Burnet will be found to correct Lord Herbert upon this very point, by express reference to the same letter of the King, inserted in his Appendix, or Collection of Records, No. XXVIII, from the Cottonian MSS. Vitellius, B. 1 1 . he even enters into all the particu- lars of the appearance of both the King and Queen on xiv PREFACE. the 2 1 st, and relates, or at least abridges, the speeches he fairly indeed acknowledges, though with some distrust of Hall, that he believes the speeches were really spoken ; and in his own abridgment of his history, a sixth edition of which, published in the year 1728, is now lying before me, the story is told conformably to the King's letter. Dr. Lingard, it should be observed, alluding to the passage in the third volume, only says, " that Burnet had forgotten a letter published by himself in his first volume from the King to his agents, in which Henry says : On that day, we and the Queen appeared in person." It was certainly a strange instance of forgetfulness, when upon this very point, he had in his first volume, corrected Lord Herbert, and, in the preface to his third volume, himself ; and which both Mr. Hallam and Dr. Lingard, seem to have overlooked. This then, may serve to shew, not only that the work re- quires to be read with pretty close attention to the several parts of it, blit to be cited and referred to, with peculiar care and circumspection ; as the several vo- lumes are commonly printed, any historian may be led into similar mistakes. I have, indeed, something almost as striking to adduce from one of the same writers. I mean Dr. Lingard ; speaking of the proceedings in the Upper House of Convocation, on King Henry's divorce in the year 1533, he observes, " among the theologians there were nineteen ayes, (Burnet has strangely transformed them into nineteen universities)." In this parenthesis one letter only need to be changed, and then all would be right, for most certain it is, that Burnet had, in his first volume, strangely enough transferred the nineteen assenting votes into nineteen universities ; but this is one of the very errors cor- rected by Burnet himself, in his third volume, p. 123, though he does not, with his usual candour, exactly PREFACE. xv explain how he came to fall into so great a mistake ; in fact, Collier not only detected the error into which the Bishop had fallen, but very ingeniously accounted for it, plainly shewing that it must have proceeded from a mistranslation of Jocelyrfs Antiq. Brit, whose Latin he gives, and which alone seems quite sufficient to prove his point. Burnet should have acknowledged this, instead of seeking to amend things, at such a distance, in his third vo- lume, with a degree of flippancy, not very creditable. " I likewise committed another error, through inad- vertence : for I said," (i. e. as far off as vol. i. p. 211, present edition) " the opinions of nineteen universi- ties were read ; whereas only six were read ; and the nineteen, which I added to the number of the uni- versities, was the number of those who did not agree to the vote." Even this very correction is loosely expressed, for though indeed they did not agree to the vote, they answered the question put to them in the affirmative, the case being decided against them by a considerable majority, and in support of the opinions delivered by the universities in favour of the King. The other error to which Burnet alludes above, related to the Constitution of the two Houses of Convocation. " In the account I formerly gave of this matter I offered a conjecture, that deans and archdeacons, who sit in their own right, were then of the Upper House ; which I see, was without any good ground," vol. iii. 123. In fact, he might have seen it long before, and I cannot avoid adding should have seen it, when he published his first volume, having himself supplied two contradictions. In his own conjecture, the famous Cardinal Pole, as Dean of Exeter, being spoken of, as a member of the Lower House of Convocation, and a paper being printed in his appendix of original documents, with the sub- xvi PREFACE. scriptions of the members of the two Houses sepa-. rately ; the deans and archdeacons, appearing regu- larly amongst those of the Lower House. This also had not escaped the vigilant eye of his rival Collier. Having thus noticed one imputation, to which the Right Reverend Author of this History continues still liable, and endeavoured to obviate, in the pre- sent Edition, some of the bad consequences arising from his loose style, and dispersed corrections, I shall now turn to the other imputation brought against him, that of very inveterate prejudices. In fact, he was, what the Jacobites and Non-jurors amongst the clergy, at the time of the Revolution, would have called a Whig, if not, to use a more mo- dern term, or augmentative, an ultra Whig, and a low Churchman. He thought well of the Reforma- tion of the Church of England, and generally of the Reformers by whom that great change was brought about, but he lived in times, when one extreme may be said regularly to have produced the other ; in times, when, if ever, an ultra-Toryism may be said to have prevailed, co-operating with High-Church principles, carried by many persons to such excess, as to incur the hazard of re-introducing popery in its worst forms ; and, on the footing of a strictly passive obedience, and unqualified non-resistance to the ruling power, arbitrary government when a power of dis- pensing, with, and suspending all laws, was so openly assumed to be a proper branch of the regal preroga- tive, that whoever ventured to dispute or resist it, was in danger of commitment to all the horrors of a prison, or to the loss of rights and privileges sup- posed to have been amply secured to him by the law of the land. His prejudices were undoubtedly strong, but when weighed against those of the oppo- site party, it is impossible to withhold from him the credit, of having taken, latterly at least, the most PREFACE. xvii patriotic side of the question : if, on the principle of an extensive toleration, or scheme of comprehension as it was called by some, he appeared occasionally to lean too much towards the Dissenters, and too far to expose the Church, by countenancing concessions,* (for of this party he professes himself to have been in the History of his Own Times,) it may be, in a great measure, imputed to his just discernment of the arti- fices of the Papists, who, at the very same time, were seeking to embroil the Dissenters more and more with the Church, that upon the footing of their dis- contents, they (the Papists) might find means to establish themselves afresh, and pave the way for the recal of the abdicated family to the throne ; the heir of which, as he tells us in the History of his Own Times, he knew to be bred up with a hatred both of our religion and our constitution, and in an admiration of the French government ; and "yet," he adds, " many who called themselves Protestants, seemed fond of such a successor; a degree of in- fatuation that might justly amaze all who observed it, and saw the fury with which it was promoted." These were the grounds upon which he seems to have opposed the violences of the High Church party, and to have sought to conciliate the Dissenters, in- stead of driving them into the hands of the Papists. His opposition to the much cried-up doctrines of passive obedience and non-resistance, exposed him, as might be expected, to the opposite charge of enter- taining and inculcating antimonarchical and repub- lican principles, but in this he was traduced and unjustly calumniated; he is reproached for having basely deserted the Stuarts, after being admitted to * By his spirit of moderation it is admitted that he brought over several Dis- senting families in his diocese to the communion of the Church. See Biographia Britannica, Art. Burnet (Gilbert), and particularly notes G. and HH. for an ac- count of his pious discharge of the ministerial and episcopal functions. Lord Halifax observed of him, " He makes many enemies by setting an ill-natured example of living, which they are not inclined to follow." VOL. I. b xviii PREFACE. the favour and countenance of the two brothers, Charles and James ; but he did not abandon them, till they had adopted those feelings and principles which were decidedly adverse to the good of the country, and of the fatal consequences of which, he had previously boldly admonished them. What Echard has said of him, may surely be repeated to his credit, as a patriot and a Protestant ; " He be- came so great an instrument in the Revolution," says this able historian, " that all who have hated the one, have abhorred the name of the other;" not that I would attempt to justify all that he did on this memorable occasion ; or commend his prudence in venturing to assert King William's claim to the crown in right of conquest, as he is known to have done in his Pastoral Letter, condemned to the flames by a vote of Parliament. He has himself told us that his prejudices lay against France and Popery, and as connected with both, arbitrary government ; and the author of his epitaph in the church of St. James's, Clerkenwell, has not hesitated to eulogize him as, " tyrannidi et superstitioni semper infensum necnon libertatis patrite ver&que religionis strenuum semper- que indefessum propugnatorem." It is the more necessary that the reader should be duly apprised of the exact bearings of his peculiar prejudices, since they were, while he lived, exposed to the counteraction of opposite prejudices, in the persons of writers of equal fame. As a rival in ecclesiastical history, Collier stands foremost ; a high-churchman of the first stamp, and, so far, it may be added to his credit, considering the times, a steady and consistent non-juror. Whatever praise, however, we may be disposed to bestow on his consistency, his prejudices require to be at the least as much guarded against as those of Burnet, but as these two celebrated writers lived to read each PREFACE. xix other's histories, and reciprocally to defend then- own tenets, we need not do more than refer generally to their respective works. In the enlarged edition of the Biographica Britannica, the opposite princi- ples of these two eminent writers are well considered. Burnet found rather an able advocate and defender against the strictures of Collier, in Mr. J. Lewis, mi- nister of Margate, who published a set of " Obser- vations upon the Remarks of Mr. Collier in his Eccle- siastical History, on several passages of Bishop Bur- net's History of the Reformation." The paper may be seen in the second volume of the Collectanea Curiosa, published at Oxford by Mr. Gutch, 1781. But it was the fate of Burnet to be lampooned by those who had better, considering their own aposta- cies and tergiversations, have held their peace, par- ticularly for instance, by Swift, who having been at one time as violent a Whig as himself, became after- wards a time-serving Tory, if not a decided Jaco- bite. At which period Burnet appears to have be- come a most marked object of his spleen and ran- cour, particularly with regard to one portion of the work before us. For some cause or other, not fully explained, but easily to be conjectured by those well versed in the history of the times, Burnet published the Intro- duction to his third volume, before the work itself,* and as the latter part of it contained great soundings of alarm in regard to the aspect of public affairs, both in Church and State; Swift, who was the mouth-piece of the Tories, if not of the Jacobites, took up the cudgels, and aimed a blow at the Bishop, the more severe, as having something in it, to render its effects * The third volume of the History of the Reformation, &c., was oddly enough put last. The Introduction appeared first ; one or two years before the historical part. The Preface is stated to have been written one year after the Introduction, and the whole volume published, as we have before shewn, thirty-three years sub- sequently to the second volume, and thirty-five years after the first. b2 xx PREFACE. permanent and indelible.* We allude to the very humorous paper printed amongst his Miscellaneous Works, under the following title, ' ' A Preface to the Right Reverend Dr. Burnet B p of S 's Intro- duction to the Third Volume of the History of the Reformation of the Church of England, written in the year 1712." It may be worth while to copy the Dean's address to his bookseller. " Mr. Morphew, Your care in putting an adver- tisement in the Examiner, has been of very great use to me. I now send you my Preface to the B p of Sarum's Introduction to his Third Volume, which I desire you to print in such a form, as in the book- sellers' phrase, will make a Sixpenny Touch ; hoping it will give such a public notice of my design, that it may come into the hands of those, who, perhaps, look not into the B p's Introduction. I desire you will prefix to this a passage out of Virgil, which doth so perfectly agree with my present thoughts of his Lordship, that I cannot express them better, nor more truly, than those words do. I am, &c." The passage from Virgil is from the speech of Sinon in the 2d JSneid, " spargere voces In vulgum ambiguas, et quserere conscius anna.' Then follows as sharp and neat a piece of satire, per- haps, and as keen a display of wit, as ever came from the pen of that extraordinary but arrogant writer; for the credit of Burnet, however, we must say, that in our estimation, he had much greater grounds afforded him for the alarms he endeavoured to raise in his Introduction, than Swift would allow; and who- ever looks into history, will find that as her reign drew towards an end, Queen Anne was in the hands of a party, to say nothing of her own feelings, much * See Biographica Britannica, Art. Burnet (Gilbert), p. 34. where something to the same effect occurs. PREFACE. xxi to be suspected of leaning towards the Pretender, and of being adverse to the succession of the house of Hanover. If Swift knew this, he was greatly to blame for censuring Burnet; if he knew it not, he was the greater dupe of the two, not to be alarmed for the liberties of his country. He is very angry with the Bishop for writing so, as if " the Pope, the Devil, the Pretender, and France were just at the door;" but if we look into the history of the times, it would not seem that any of them were so far off, as Swift wished the world, in discredit of Burnet, to believe ; if the Bishop, in some parts of his Introduc- tion, allowed his passions and feelings to carry him somewhat too far in expressing his apprehensions of returning popery, (which, I confess, I am far from admitting,) yet, that there was no danger of such a relapse, when the Introduction was published, no banter of the witty Dean, would induce me to be- lieve ; and therefore, for the credit of the Author, I would recommend it to the reader, before he allow himself to be beguiled, by one of the bitterest poli- tical sarcasms that perhaps ever was written, to look carefully into the history of the last years of the reign of Queen Anne. The 24th volume of Rapin's History, continued by Tindal, may be quite suffi- cient to shew that Burnet was right, without refer- ring the reader to Burnet himself, in the History of his Own Times, where, if anywhere, his prejudices may be expected to be more strongly marked, as some have taken pains to shew. Bishop Fleetwood's celebrated Preface to his four Sermons, reprinted and republished in the very year in which Swift wrote his banter upon Burnet, and which had the honour of being condemned by the House of Com- mons to be burnt by the common hangman, is quite sufficient to justify all Burnet's apprehensions. " I have lived," says the Bishop, " to see our deliverance xxii PREFACE. from arbitrary power and popery, traduced and vilified by some, (alluding possibly among others to Swift himself,) who formerly thought it was their greatest merit, and made it part of their boast and glory, to have had a little hand and share in bringing it about ;" and on the 17th of June, 1712, the very year in which Swift chose to attack Burnet's Introduction, the same patriotic prelate, a man universally esteemed, and particularly by the Queen herself, who was used to call him her bishop, addressed a letter to his Right Rev. brother of Salisbury, which alone, is entirely sufficient to vindicate Burnet from the foul but witty aspersions of Swift. " Your Lordship," he tells Bur- net, " may now imagine you are growing young again, for we are fallen, methinks, into the very dregs of Charles the Second's politics ;" an observa- tion corresponding exactly with one of Burnet's remarks, of which the Dean makes great sport, as a mockery of all truth. If then we must be compelled to grant that Burnet was a prejudiced writer,* it seems impossible for any true Englishman to look to the history of the latter years of Queen Anne, with- out feeling a disposition to applaud rather than blame the prejudices of which he is accused. I should not have said so much upon this, but for the cele- brity of Swift's attack upon the Bishop, which, for the mere humour of it, will probably descend with his other works, down to the latest posterity, and which was immediately directed against a portion of the present publication. The Bishop's History of his * It is difficult to know how far the most respectable prejudices may be at all indulged with impunity. An Author, whom I should be loth to cite, for what I think a mere oversight, in a reference made to the Memoirs of Sir James Melvil, relating to the celebrated Monluc, bishop of Valence, observes, that " in a certain passage he (Melvil) has given us a remarkable instance of the Bishop's furious temper and turn for gross debauchery ;" adding, with some degree of in- dignation, " which Burnet, in his hatred to the Romish Clergy, hath very imper- tinently transcribed into his History of the Reformation." Why impertinently ? Was a Protestant Bishop, writing upon such a subject, bound in charity to over- look facts so well attested, and referring to times, when debauchery was known to be a crying sin amongst the Popish clergy ? PREFACE. xxiii Own Times, will of course afford a greater insight into the state of politics, which drew upon him the bitter sarcasm of the Irish dignitary. Ridicule, however, is certainly no test of truth, and, in fact, Swift's attack is not one of ridicule only; he is very severe upon Burnet, for what he says of Wharton, who, under the feigned name of Anthony Harmer, had published a specimen of some errors and defects in the History of the Reformation ; but Wharton's book, was a very virulent and uncharita- ble performance, and he seems to have deserved no mercy at the hands of Burnet, whatever Swift may have thought of him. Parnell also, a deserter from the Whig party, as well as Swift, attacked Burnet, in Poetry, as the latter had done in Prose, and with an equally malignant spite against the Bishop's Prefaces and Introductions ; the Bishop it seems had like to have been burnt in his closet, which led the Tory, or rather Jacobitical Poet, to amuse himself with a contemplation of the probable effects of such a catas- trophe. " From that dire era, bane to Sarum's pride, Which broke his schemes, and laid his friends aside ; He talks and writes that Popery will return, And we, and he, and all his works will burn ; What touched himself was almost fairly proved, (Oh! far from Britain be the rest removed !) For, as he meant of late, to bless the age, With flagrant PREFACES of party rage, O'erwrought with passion, and the subjects' weight, Lolling he nodded in his elbow seat, Down fell the candle ; grease and zeal conspire, Heat meets with heat, and pamphlets bum their fire ; Here crawls a PREFACE with its half-burned maggots, And there an INTRODUCTION brings its faggots." Burnet received a lash also from the pen of Dryden under the character of Buzzard, in his strange alle- gory of the Hind and the Panther ; but the enmity of the poet could not have redounded much to his credit, had it been solely occasioned, as Dr. Johnson in his life of that poet seems to assert, by the Bishop's se- xxiv PREFACE. vere, but very reasonable censure of the obsceni- ties, blasphemies, and falsehoods to be found in his writings. Dr. Warton, in his notes upon this cele- brated satirist, expresses himself very angrily upon the occasion, commending Burnet and his works in general, but particularly the History before us, in the following terms : " The History of *he Refor- mation is surely a most valuable work, and one of the most decisive blows Popery ever received." Burnet's fame is probably not in the way of suf- fering much more from the attacks of Dryden ; the Hind and Panther being little likely to have readers in these times, of sufficient patience, to get to the end of it, and indeed if otherwise, there are many chances of their not finding Burnet under the character of Buzzard, though to those who knew him, the satire must have appeared grossly personal. Burnet's great offence, was probably the difference between their principles and parties ; though it must be acknow- ledged that he had not been so sparing of Dryden's feelings as he should have been, in his severe remarks on the latter, on account of his projected translation of Varillas' History of Heresies ; a book abounding indeed in the foulest falsehoods, and very adverse to the cause taken up by Burnet. It should be added besides, that Dryden, in his life and character, was not that monster of immorality Burnet represented him to be, though his loose writings remain as much as ever without excuse. But to return to the banter of the Irish Dignitary. The Bishop probably had a clearer view of the dangers with which the country was threatened, to- wards the close of Queen Anne's reign, than Swift, or if the latter knew as much as Burnet, he grossly dissembled for party purposes. In the first volume of the Miscellanies, published by Bathurst in 1751, we have a paper by Swift, entitled " Some Free PREFACE. xxv Thoughts upon the Present State of Affairs ;" and which was written in the year 1714, the very year in which Burnet published his third volume. I have shewn that his Introduction, which he published in the year 1712, and which Swift sought to turn into ridicule, was, according to the actual posture of public affairs, by no means open to such ridicule ; that Burnet's fears had a very reasonable founda- tion, and that Swift was the mere mouth-piece of an anti-constitutional party. In 1714, Swift took again the same side of the question, and inveighed largely against those who fancied there could be any danger irom the Pretender ; " a mere nominal Prince," he calls him, u who lies under all manner of disadvan- tages. The vulgar imagine him to have been a child imposed upon the nation, by the fraudulent zeal of his parents and their bigotted counsellors ; who took special care, against all the rules of common policy, to educate him in their hateful superstition, sucked in with his milk, and confirmed in his manhood he is likewise said to be of weak intellects, and an un- sound constitution : he was treated contemptibly enough by the young princes of France, even during the war ; is now wholly neglected by that crown, and driven to live in exile upon a small exhibition. He is utterly unknown in England, which he left in the cradle." In this strain the facetious writer pro- ceeds, to a much greater length, in order to shew that all the apprehensions of the whigs, were idle, fac- tious, and unreasonable ; and yet no sooner was the Queen dead, and the first Prince of the House of Hanover arrived in England to take possession of his throne, than copies of a manifesto were sent into England, printed in English, French, and Latin, signed at the top James R. and dated at Plombieres, the 29th of August, 1714, N. S., in which the claims of Swift's Prince of " weak intellects, and delicate xxvi PREFACE. constitution, a mere exile on a small exhibition," to the crown of Great Britain, are set forth in the strongest terms, and with a reference to the preced- ing politics of the English Court, alluded to in Bur- net's much vilified Introduction. He says, " The Revolution ruined the English monarchy, laid the foundation of a republican government, and devolved the sovereign power on the people." He observes, " that when he found the treaty of peace was upon the point of being concluded, without any regard to him, he published in April, 1712, his protestation against it." He then gives the reason of his sitting still for some time past, in these remarkable words : " yet contrary to our expectations, upon the death of the Princess our sister, of whose good intentions to- wards us, we could not for some time past well doubt; and this was the reason we then sat still, expecting the good effects thereof: which were unfortunately prevented by her deplorable death, we found that our people, instead of taking this favourable opportunity of retrieving the honour and true interests of their country, by doing us and themselves justice, had immediately proclaimed for their King, a foreign Prince, to our prejudice, contrary to the funda- mental and incontestable laws of hereditary right, which their pretended acts of settlement can never abrogate." This manifesto then, which was trans- mitted from the Continent to the Duke of Marl- borough, and others of His Majesty's Council, and proved to be genuine by the Duke of Lorrain, is sufficient of itself to shew, that Burnet's alarms, both in the years 1712 and 1714, were by no means groundless, or assumed only for seditious purposes. To conclude : It has not been judged necessary in this Preface to deny any of the charges brought against Burnet, but rather to advertise the reader of the precise PREFACE. xxvii nature and extent of them, that he may be upon his guard. It has been endeavoured to obviate as far as possible, the mistakes likely to arise from the mode in which it has been usual to print the work, and to bring together certain portions of the history which had better not be disunited, as is commonly the case, where the third volume is regarded rather as a regular continuation of the work, than as merely supplemen- tary to the two preceding volumes. I have not at- tempted to conceal that the Author did make many mistakes, but I have sought to secure to him the credit of having very ingenuously acknowledged them, and in many instances satisfactorily accounted for them, and of having received with thankfulness the emendations and corrections of others, that is, when not obtruded upon him in an angry and offensive manner. We have a remarkable proof of this in the case of Mr. Baker, author of the Re- flections on Learning, who had communicated to the Bishop a variety of corrections, and who, though not named, is spoken of by Burnet in the Preface to the third volume, under the title of a learned and worthy person ; the Bishop published all his corrections, though he did not adopt them all. Of the sense en- tertained by Mr. Baker of the Bishop's candour, the following testimony remains. In the third volume of his own copy of the History of the Reformation, in the Public Library at Cambridge, Mr. Baker himself has written as follows : "Ex dono doctisswni Auctoris, ac celebcrrimi Prtesulis Gilberti Episcopi Salisburicnsis I shall always have an honour for the Author's memory, who entered all the corrections I had made, at the end of this volume. If any more are found, they were not sent, for he suppressed nothing." This testimony of Baker, says the Author of Biogra- phia Britannica, in favour of the candour of Burnet, whose principles were so different from his own, is xxviii PREFACE. certainly worthy of attention, and indeed, does ho- nour to them both. Even Swift acknowledges that the Bishop was a man of great good-nature and ge- nerosity in which he certainly had the advantage of his antagonist, who was sadly deficient in both those qualities. As to the Bishop's prejudices and partialities, they must be referred to the temper of the times, the peculiar character of his work, and the extraordinary public transactions in which it was his lot to be deeply involved ; one half of his work, however, at all events, ought to be proof against the ill effects of private partialities.; as far, that is, as they are what they profess to be, correct transcripts of original, authentic, and ancient documents, and if his preju- dices have tended to mark him as a party man, I have endeavoured to shew, that the prejudices of his contemporaries and opponents were not less strong, and in many points, much more adverse to the free principles of our admirable constitution, than those of the Right Reverend Author of this History. I have, however, at present, judged it necessary to notice only those prejudices with which he stands charged as the Author of the Introduction to the third volume, and which was calculated when it first appeared, to excite the most lively apprehen- sions of the return of Popery; apprehensions which, though the wits of the other party chose to turn into ridicule at the time, appear to have had a good his- torical foundation. As to all his other works, we have nothing to do with them here ; a good account of them is to be found, not only in the article assigned to the Bishop, in the Biographia Britannica, but in the Appendix to the History of his Own Times, 1818, and to which the reader is referred for further information. E. NARES. TO THE KING. SIR, THE first step that was made in the Reformation of this Church, was the restoring to your royal ancestors the rights of the crown, and an entire dominion over all their subjects, of which they had been disseized by the craft and violence of an unjust Pretender: to whom the clergy, though your Majesty's progenitors had enriched them, by a bounty no less profuse than ill-managed, did not only adhere, but drew with them the laity, over whose consciences they had gained so absolute an authority, that our kings were to ex- pect no obedience from their people, but what the popes were pleased to allow. It is true, the nobler part of the nation did frequently, in parliament, assert the regal prerogatives against those papal invasions ; yet these were but faint endeavours : for an ill-executed law is but an unequal match to a principle strongly infused into the consciences of the people. But how different was this from the teaching of Christ and his apostles ? They forbade men to use all those arts by which the papacy grew up and yet subsists : they exhorted them to obey magistrates, when they knew it would cost them their lives : they were for setting up a kingdom, not of this world, nor to be attained but by a holy and peace- able religion. If this might every where take place, princes would find government both easy and secure : it would raise in their subjects the truest courage, and unite them with the firmest charity : it would draw from them obedience to the laws, and reverence to the persons of their kings. If the standards of justice and charity which the gospel gives, of doing as we would be done by, and loving our neighbours as ourselves, were made the measures of men's actions, how steadily would societies be governed, and how exactly would Princes be obeyed ! The design of the Reformation was to restore Christianity to what it was at first, and to purge it of those corruptions with which it was overrun in the later and darker ages. xxx EPISTLE DEDICATORY. Great Sir, this work was carried on by a slow and un- steady progress under King Henry the Eighth ; it advanced in a fuller and freer course under the short but blessed reisrn O of King Edward ; was sealed with the blood of many mar- tyrs under Queen Mary; was brought to a full settlement in the happy and glorious days of Queen Elizabeth ; was de- fended by the learned pen of King James : but the esta- blished frame of it, under which it had so long flourished, was overthrown with your Majesty's blessed Father, who fell with it, and honoured it by his unexampled suffering for it ; and was again restored to its former beauty and order by your Majesty's happy return. What remains to complete and perpetuate this blessing, the composing of our differences at home, the establishing a closer correspondence with the reformed churches abroad, the securing us from the restless and wicked practices of that party, who hoped so lately to have been at the end of their designs ; and that which can only entitle us to a bless- ing from God, the reforming of our manners and lives, as our ancestors did our doctrine and worship ; all this is re- served for your Majesty, that it may appear that your royal title of Defender of the Faith is no empty sound, but the real strength and glory of your crown. For attaining these ends, it will be of great use to trace the steps of our first reformers ; for if the land-marks they set be observed, we can hardly go out of the way. This was my chief design in the following sheets, which I now most hum- bly offer to your Majesty, hoping, that as you were graci- ously pleased to command that I should have free access to all Records for composing them, so you will not deny your royal patronage to the History of that Work, which God grant your Majesty may live to raise to its perfection, and to complete in your reign the glory of all your titles. This is a part of the most earnest as well as the daily prayers of, May it please your sacred Majesty, Your Majesty's most loyal, most faithful, And most devoted subject and servant, G. BURNET. THE PREFACE. THERE is no part of history better received than the ac- count of great changes and revolutions of states and governments, in which the variety of unlooked-for accidents and events both entertains the reader and improves him. Of all changes, those in religion, that have been sudden and signal, are inquired into with the most searching curi- osity : where the salvation of souls being concerned, the better sort are much affected ; and the credit, honour, and interest of churches and parties draw in those, who though they do not much care for the religious part, yet make noise about it to serve other ends. The changes that were made in religion in the last century have produced such effects every where, that it is no wonder if all persons de- sire to see a clear account of the several steps in which they advanced, of the counsels that directed them, and the mo- tives, both religious and political, that inclined men of all conditions to concur in them. Germany produced a Sleidan, France a Thuanus, and Italy a Friar Paul, who have given the world as full satisfaction in what was done beyond sea as they could desire. And though the two last lived and died in the communion of the church of Rome, yet they have delivered things to posterity, with so much candour and evenness, that their authority is disputed by none but those of their own party. But while foreign churches have such historians, ours at home have not had the like good fortune : for whether it was, that the reformers at first presumed so far on their legal and calm proceedings, on the continued succession of their clergy, the authority of the law, and the protection of the Prince, that they judged it needless to write a history ; and therefore employed their best pens rather to justify what they did, than to deliver how it was done ; or whether by a mere neglect the thing was omitted, we cannot deter- mine. True it is, that it was not done to any degree of exactness, when matters were so fresh in men's memories, that things might have been opened with greater advan- tages, and vouched by better authority, than it is to be ex- pected at this distance. xxxii PREFACE. They were soon after much provoked by Sanders's history, which he published to the world in Latin : yet either de- spising a writer, who did so impudently deliver falsehoods, that from his own book many of them may be disproved, or expecting a command from authority, they did not then set about it. The best account I can give of their silence, is, that most of Sanders's calumnies being levelled at Queen Elizabeth, whose birth and parents he designed chiefly to disgrace ; it was thought too tender a point by her wise counsellors to be much inquired into : it gave too great cre- dit to his lies to answer them ; an answer would draw forth a reply, by which those calumnies would still be kept alive ; and therefore it was not without good reason thought better to let them lie unanswered and despised. From whence it is come that in this age that author is in such credit, that now he is quoted with much assurance : most of all the writers, in the church of Rome, rely on his testimony as a good au- thority. The collectors of the general history of that age follow his thread closely, some of them transcribe his very words. One Pollini, a Dominican, published a history of the changes that were made in England, in Italian, at Rome, anno 1594, which he should more ingenuously have called a translation or paraphrase of Sanders's History : and of late more candidly, but no less maliciously, one of the best pens of France has been employed to translate him into their language, which has created such prejudices in the minds of many there, that our Reformation, which gene- rally was more modestly spoken of, even by those who wrote against it, is now looked on by such as read Sanders, and believe him, as one of the foulest things that ever was. Fox, for all his voluminous work, had but few things in his eye when he made his collection, and designed only to discover the corruptions and cruelties of the Roman clergy, and the sufferings and constancy of the reformers. But his work was written in haste, and there are so many defects in it, that it can by no means be called a complete history of these times ; though I must add, that having compared his Acts and Monuments with the records, I have never been able to discover any errors or prevarications in them, but the utmost fidelity and exactness. Parker, archbishop of Canterbury, designed only, in his account of the British An- tiquities, to do justice and honour to his^ee, and so gives us barely the life of Cranmer, with some few and general hints of what he did. Hall was but a superficial writer, and was more careful to get full informations of the clothes that were worn at the interviews of princes, justs, tourna- ments, and great solemnities, than about the counsels or secret transactions of the time he lived in. Holingshed, PREFACE. xxxiii Speed, and Stow, give bare relations of things that were public, and commit many faults. Upon their scent most of our later writers have gone, and have only collected and repeated what they wrote. The Lord Herbert judged it unworthy of him to trifle as others had done, and therefore made a more narrow search into records and original papers, than all that had gone be- fore him ; and with great fidelity and industry, has given us the history of King Henry the Eighth. But in the transac- tions that concern religion, he dwells not so long as the matter required, leaving those to men of another profession ; and judging it, perhaps, not so proper for one of his con- dition to pursue a full and accurate deduction of those matters. Since he wrote, two have undertaken the ecclesiastical history; Fuller and Heylin. The former got into his hands some few papers that were not seen before he published them; but, being a man of fancy, and affecting an odd way of writing, his work gives no great satisfaction. But Doctor Heylin wrote smoothly and handsomely ; his method and style are good, and his work was generally more read than any thing that had appeared before him : but either he was very ill informed, or very much led by his passions ; and he being wrought on by most violent prejudices against some that were concerned in that time, delivers many things in such a manner, and so strangely, that one would think he had been secretly set on to it by those of the church of Rome, though I doubt not he was a sincere protestant, but vio- lently carried away by some particular conceits. In one thing he is not to be excused ; that he never vouched any authority for what he writ, which is not to be forgiven any who write of transactions beyond their own time, and de- liver new things not known before. So that upon what grounds he wrote a great deal of his book we can only conjecture, and many in their guesses are not apt to be very favourable to him. Things being delivered to us with so much alloy and un- certainty, those of the church of Rome do confidently dis- parage our Reformation. The short history of it, as it is put in their mouths, being, that it was begun by the lusts and passions of King Henry the Eighth, carried on by the ravenousness of the Duke of Somerset, under Edward the Sixth, and confirmed by the policy of Queen Elizabeth and her council to secure her title. These things being generally talked and spread abroad in foreign parts, espe- cially in France, by the new translation of Sanders, and not being yet sufficiently cleared, many have desired to see a fuller and better account of those transactions than has yet VOL. i. c xxxiv PREFACE. been given ; so the thing being necessary, I was the more encouraged to set about it by some persons of great worth and eminence, who thought I had much leisure and other good opportunities to go through with it, and wished me to undertake it. The person that did engage me chiefly to this work, was on many accounts much fitter to have under- taken it himself, being the most indefatigable in his industry, and the most judicious in his observations, of any I know, and is one of the greatest masters of style now living. But being engaged in the service of the church, in a station that affords him very little leisure, he set me on to it, and fur- nished me with a curious collection of his own observations. And in some sort this work may be accounted his ; for he corrected it with a most critical exactness ; so that the first materials, and the last finishing of it, are from him. But after all this, I lie under such restraints from his modesty, that I am not allowed to publish his name. I had two objections to it, besides the knowledge of my own unfitness for such a work. One was my unacquaint- edness with the laws and customs of this nation, not being born in it: the other was the expense that such a search as was necessary required, which was not easy for me to bear. My acquaintance with the most ingenious master, William Petyt, counsellor of the Inner Temple, cleared one difficulty, he offering me his assistance and direction, without which I must have committed great faults. But I must acknowledge myself highly obliged by the favour and bounty of the honourable master of the rolls, Sir Hare- bottle Grimstone, of whose worth and goodness to me I must make a large digression, if I would undertake to say all that the subject will bear: the whole nation expressed their value of him, upon the most signal occasion, when they made him their mouth and speaker in that blessed assembly which called home their King, after which real evidence all little commendations may be well forborne. The obligations he has laid on me are such, that, as the gratitude and service of my whole life, is the only equal return I can make for them ; so as a small tribute I judge myself obliged to make my acknowledgments in this manner, for the leisure I enjoy under his protection, and the support I receive from him; and if this Work does the world any service, the best part of the thanks is due to him, that furnished me with particular opportunities of carrying it on. Nor must I con- ceal the nobleness of that renowned promoter of learning, Master Boyle, who contributed liberally to the expense this Work put me to. Upon these encouragements I set about it : and began with the search of all public records and offices, the parlia- PREFACE. xxxv raent and treaty rolls, with all the patent rolls, and the re- gisters of the sees of Canterbury and London, and of the Augmentation Office. Then I laid out for all the MSS. I could hear of, and found things beyond my expectation in the famous Cotton Library, where there is such a collection of original papers relating to these times, as perhaps the world can shew nothing like it. I had also the favour of some MSS. of great value, both from the famous and emi- nently learned Doctor Stillingfleet, who gave me great as- sistance in this Work, and from Mr. Petyt, and others. When I had looked these over, I then used all the endea- vours I could, to gather together the books that were printed in those days, from which I not only got considerable hints of matters of fact, but (that which I chiefly looked for) the arguments upon which they managed the controversies then on foot, of which I thought it was the part of an ecclesias- tical historian to give an account, as I could recover them, that it may appear upon what motives and grounds they proceeded. The three chief periods of Henry the Eighth's reign, in which religion is concerned, are, first From the beginning of his reign, till the process of his divorce with Queen Katherine commenced. The second is From that till his total breaking off from Rome, and setting up his supremacy over all causes and persons. The third is From that to his death. When I first set about this Work, I intended to have carried on the history of the Reformation to the reign of Queen Elizabeth, in which it was finished and fully settled ; but I was forced to change that resolution. The chief rea- son, among many others, was, that I have not yet been able to discover such full informations of what passed under the succeeding reigns, as were necessary for a history; and though I have searched the public registers of that time, yet I am still in the dark myself in matty particulars. This made me resolve on publishing this volume first, hoping, that those in whose hands any manuscripts or papers of that time lie, will from what is now performed be encouraged to com- municate them : or, if any have made a considerable progress in those collections, I shall be far from envying them the ho- nour of such a work, in which it had been inexcusable va- nity in me to have meddled, if the desires of others, who have great power over me, had not prevailed with me to set about it. And, therefore, though I have made a good advance in the following part of the Work, I shall most willingly resign it up to any who will undertake it, and they shall have the free use of all my papers. But if none will set about it, who yet can furnish materials towards it, I hope their zeal for c 2 xxxvi PREFACE. carrying on so desired a work, will engage them to give all the help to it that is in their power. There is only one passage belonging to the next volume, which I shall take notice of here ; since from it I must plead my excuse for several defects, which may seem to be in this Work. In the search I made of the Rolls and other offices, I wondered much to miss several commissions, patents, and other writings, which by clear evidence I knew were granted, and yet none of them appeared on record. This I could not impute to any thing but the omission of the clerks, who failed in the enrolling those commissions, though it was not likely that matters of so high concernment should have been neglected, especially in such a critical time, and under so severe a king. But as I continued down my search to the fourth year of Queen Mary, I found, in the twelfth roll of that year, a commission, which cleared all my former doubts, and by which I saw what was become of the things I had so anxiously searched after. We have heard of the ex- purgation of books practised in the church of Rome, but it might have been imagined, that public registers and records would have been safe; yet, lest these should have been af- terwards confessors, it was resolved they should then be martyrs; for, on the 29th of December, in the fourth year of her reign, a commission was issued out under the great seal to Bonner, bishop of London, Cole, dean of St. Paul's, and Martin, a doctor of the civil law, which is of that im- portance, that I shall here insert the material words of it : " Whereas it is come to our knowledge, that, in the time of the late schism, divers accounts, books, scrolls, instruments, and other writings were practised, devised, and made, con- cerning professions against the Pope's holiness, and the see apostolic; and also sundry infamous scrutinies taken in ab- beys and other religious houses, tending rather to subvert and overthrow all good religion and religious houses, than for any truth contained therein: which being in the custody of divers registers, and we intending to have those writings brought to knowledge, whereby they may be considered and ordered according to our will and pleasure, thereupon, those three or any two of them are empowered to cite any persons before them, and examine them upon the premises upon oath, and to bring all such writings before them, and certify their diligence about it to Cardinal Pool, that further order might be given about them." When 1 saw this, I soon knew which way so many writ- ings had gone: and as I could not but wonder at their bold- ness, who thus presumed to raze so many records; so their ingenuity in leaving this commission in the rolls, by which any who had the curiosity to search for it, might be satisfied PREFACE. xxxvii how the other commissions were destroyed, was much to be commended. Yet in the following Work it will appear that some few papers escaped their hands. I know it is needless to make great protestations of my sincerity in this Work. These are of course, and are little considered; but I shall take a more effectual way to be be- lieved, for I shall vouch my warrants for what I say, and tell where they are to be found. And having copied out of records and MSS. many papers of great importance, I shall not only insert the substance of them in the following Work, but at the end of it shall give a collection of them at their full length, and in the language in which they were originally written : from which, as the reader will receive full evidence of the truth of this History; so he will not be ill-pleased, to observe the genius and way of the great men in that time, of which he will be better able to judge, by seeing their let- ters and other papers, than by any representation made of them at second-hand. They are digested into that order in which they are referred to in the History. It will surprise some to see a book of this bigness writ- ten of the history of our Reformation, under the reign of King Henry the Eighth : since the true beginnings of it are to be reckoned from the reign of King Edward the Sixth, in which the Articles of our church, and the forms of our wor- ship, were first compiled and set forth by authority. And, indeed, in King Henry's time, the Reformation was rather conceived than brought forth, and two parties were in the last eighteen years of his reign struggling in the womb, having now and then advantages on either side, as the unconstant humour of that King changed, and as his interests, and often as his passions, swayed him. Cardinal Wolsey had so dissolved his mind into pleasures, and puffed him up with flattery and servile compliances, that it was not an easy thing to serve him ; for being boisterous and impatient naturally, which was much heightened by his most extravagant vanity and high conceit of his own learning and wisdom, he was one of the most uncounsellable persons in the world. The book which he wrote had engaged him deep in these controversies, and by perpetual flatteries he was brought to fancy it was written with some degree of inspiration. And Luther in his answer had treated him so unmannerly, that it was only the necessity of his affairs that forced him into any correspondence with that party in Germany. And though Cranmer and Cromwell improved every ad- vantage, that either the King's temper, or his affairs offered them, as much as could be ; yet they were to be pitied, hav- ing to do with a prince, who upon the slightest pretences xxxviii PREFACE. threw down those whom he had most advanced ; which Crom- well felt severely, and Cranmer was sometimes near it. The faults of this King being so conspicuous, and the se- verity of his proceedings so unjustifiable, particularly that heinous violation of the most sacred rules of justice and go- vernment, in condemning men without bringing them to make their answers, most of our writers have separated the concerns of this Church from his reign; and imagining, that all he did was founded only on his revenge upon the court of Rome, for denying his divorce, have taken little care to examine how matters were transacted in his time. But if we consider the great things that were done by him, we must acknowledge that there was a signal provi- dence of God, in raising up a king of his temper, for clear- ing the way to that blessed work that followed : and that could hardly have been done, but by a man of his humour; so that I may very fitly apply to him the witty simile of an ingenious writer, who compares Luther to a postilion in his waxed boots and oiled coat, lashing his horses through thick and thin, and bespattering all about him. This character befits King Henry better (saving the re- verence due to his crown), who, as the postilion of Reforma- tion, made way for it through a great deal of mire and filth. He abolished the Pope's power, by which not only that ty- ranny was destroyed, which had been long a heavy burden on this oppressed nation; but all the opinions, rites, and constitutions, for which there was no better authority than papal decrees, were to fall to the ground; the foundation that supported them being thus sapped. He suppressed all the monasteries; in which though there were some inexcus- able faults committed, yet he wanted not reason to do what he did : for the foundation of those houses being laid on the superstitious conceit of redeeming souls out of purgatory, by saying masses for them ; they, whose office that was, had, by counterfeiting relics, by forging of miracles, and other like impostures, drawn together a vast wealth, to the enrich- ing of their saints ; of whom some, perhaps, were damned souls, and others were never in being. These arts being detected, and withal their great viciousness in some places, and in all their great abuse of the Christian religion, made it seem unfit they should be continued. But it was their dependence on the see of Rome, which, as the state of things then was, made it necessary that they should be suppressed. New foundations might have done well; and the scantiness of these, considering the number and wealth of those which were suppressed, is one of the great blemishes of that reign. But it was in vain to endeavour to amend the old ones. Their numbers were so great, their riches and interests in PREFACE. xxxix the nation so considerable ; that a prince of ordinary metal would not have attempted such a design, much less have completed it in five years time. With these fell the super- stition of images, relics, and the redemption of souls out of purgatory. And those extravagant addresses to saints that are in the Roman offices were thrown out, only anorapro nobis was kept up, and even that was left to the liberty of priests, to leave it out of the litanies as they saw cause. These were great preparations for a reformation. But it went further; and two things were done, upon which a greater change was reasonably to be expected. The Scriptures were translated into the English tongue, and set up in all churches, and every one was admitted to read them, and they alone were declared the rule of faith. This could not but open the eyes of the nation ; who finding a profound silence in these writ- ings about many things, and a direct opposition to other things that were still retained, must needs conclude, even without deep speculations or nice disputing, that many things that were still in the church had no ground in Scrip- ture, and some of the rest were directly contrary to it. This Cranmer knew well would have such an operation, and therefore made it his chief business to set it forward, which in conclusion he happily effected. Another thing was also established, which opened the way to all that followed ; that every national Church was a com- plete body within itself; so that the Church of England, with the authority and concurrence of their head and king, might examine and reform all errors and corruptions, whe- ther in doctrine or worship. All the provincial councils in the ancient Church, were so many precedents for this, who condemned heresies, and reformed abuses as the occasion required. And yet these being all but parts of one empire, there was less reason for their doing it without staying for a general council, which depended upon the pleasure of one man (the Roman emperor) than could be pretended, when Europe was divided into so many kingdoms; by which a common concurrence of all these churches was a thing scarce to be expected : and therefore this church must be in a very ill condition, if there could be no endeavours for a reformation, till all the rest were brought together. The grounds of the new covenant between God and man in Christ, were also truly stated, and the terms on which sal- vation was to be hoped for, were faithfully opened accord- ing to the New Testament. And this being, in the strict no- tion of the word, the Gospel, and the glad tidings preached through our blessed Lord and Saviour, it must be confessed that there was a great progress made, when the nation was well instructed about it; though there was still an alloy of xl PREFACE. other corruptions, embasing the puri-ty of the faith. And, in- deed, in the whole progress of these changes, the King's de- sign seemed to have been to terrify the court of Rome, and cudgel the pope into a compliance with what he desired : for in his heart he continued addicted to some of the most extra- vagant opinions of that church; such as transubstantiation, and the other corruptions in the mass, so that he was to his life's end more papist than protestant. There are two prejudices, which men have generally drunk in against that time. The one is, from the King's great enormities, both in his personal deportment and go- vernment, which make many think no good could be done by so ill a man, and so cruel a prince. I am not to defend him, nor to lessen his faults. The vastness and irregularity of his expense procured many heavy exactions, and twice extorted a public discharge of his debts, embased the coin, with other irregularities. His proud and impatient spirit occasioned many cruel proceedings. The taking so many lives, only for denying his supremacy, particularly Fisher's and More's, the one being extremely old, and the other one of the glories of his nation for probity and learning : the taking advantage from some irruptions in the north, to break the indemnity he had before proclaimed to those in the re- bellion, even though they could not be proved guilty of those second disorders : his extreme severity to all Cardinal Pole's family: his cruel using, first Cromwell, and afterwards the Duke of Norfolk and his son, besides his unexampled pro- ceedings against some of his wives; and that which was worst of all, the laying a precedent for the subversion of justice, and oppressing the clearest innocence by attainting men without hearing them : these are such remarkable ble- mishes, that as no man of ingenuity can go about the whiten- ing them ; so the poor reformers drunk so deep of that bitter cup, that it very ill becomes any of their followers to endea- vour to give fair colours to those red and bloody characters with which so much of his reign is stained. Yet after all this sad enumeration, it was no new nor un- usual thing in the methods of God's providence, to employ princes who had great mixtures of very gross faults to do signal things for his service. Not to mention David and Solomon, whose sins were expiated with a severe repent- ance; it was the bloody Cyrus that sent back the Jews to their land, and gave them leave to rebuild their temple. Constantine the Great is, by some of his enemies, charged with many blemishes both in his life and government. Clo- vis of France, under whom that nation received the Christian faith, was a monster of cruelty and perfidiousness, as even Gregory of Tours represents him, who lived near his time, PREFACE. xli and nevertheless makes a saint of him. Charles the Great, whom some also make a saint, both put away his wife for a very slight cause, and is said to have lived in most unna- tural lusts with his own daughter. Irene, whom the church of Rome magnifies as the restorer of their religion in the east, did, both contrary to the impressions of nature, and of her sex, put out her own son's eyes, of which he died soon after, with many other execrable things. And whatever reproaches those of the church of Rome cast on the Reformation, upon the account of this King's faults, may be easily turned back on their popes, who have never failed to court and ex- tol princes that served their ends, how gross and scanda- lous soever their other faults have been. As Phocas, Bru- nichild, Irene, Mathildis, Edgar of England, and many more. But our church is not near so much concerned in the persons of those princes, under whom the Reformation began, as theirs is in the persons of their popes, who are believed to have far higher characters of a Divine power and spirit in them, than other princes pretend to. And yet if the lives of those popes, who have made the greatest ad- vances in their jurisdiction, be examined, particularly Gre- gory the Seventh, and Boniface the Eighth, vices more em i- ment than any can be charged on King Henry, will be found in them. And if a lewd and wicked pope may yet have the Holy Ghost dwelling in him, and directing him infallibly ; why may not an ill king do so good a work as set a refor- mation forward : and if it were proper to enter into a dissec- tion of four of those popes, that sat at Rome during this reign, Pope Julius will be found beyond him in a vast am- bition, whose bloody reign did not only embroil Italy, but a great part of Christendom : Pope Leo the Tenth was as extravagant and prodigal in his expense, which put him on baser shifts, than ever this King used to raise money ; not by embasing the coin, or raising new and heavy taxes, but by embasing the Christian religion, and prostituting the par- don of sin in that foul trade of indulgences : Clement the Seventh was false to the highest degree ; a vice which can- not be charged on this King : and Paul the Third was a vile and lewd priest, who not only kept his whore, but gloried in it, and raised one of his bastards to a high dignity, making him Prince of Parma and Piacenza ; and himself is said to have lived in incest with others of them. And, except the short reign of Hadrian the Sixth, there was no pope at Rome all this while, whose example might make any other prince blush for his faults ; so that Guicciardine, when he calls Pope Clement a good pope, adds, " I mean not goodness apostolical, for in those days he was esteemed a good pope, that did not exceed the wickedness of the worst of men." xlii PREFACE. In sum, God's ways are a great deep, who has often shewed his power and wisdom, in raising up unlikely and un- promising instruments, to do great services in the world ; not always employing the best men in them, lest good instru- ments should share too deep in the praises of that which is only due to the Supreme Creator and Governor of the world ; and therefore he will stain the pride of all glory that such as glory may only glory in the Lord. Jehu did an ac- ceptable service to God, in destroying the idolatry of Baal, though neither the way of doing it be to be imitated, being grossly insincere, nor was the reformation complete, since the worshipping the two calves was still kept up ; and it is very like, his chief design in it was to destroy all the party that favoured Ahab's family ; yet the thing was good, and was rewarded by God: so whatever this King's other faults were, and how defective soever the change he made was, and upon what ill motives soever it may seem to have proceeded ; yet the things themselves being good, we ought not to think the worse of them because of the instrument, or manner by which they were wrought; but are to adore and admire the paths of the Divine wisdom, that brought about such a change in a church, which, being subjected to the see of Rome, had been more than any other part of Europe most tame under its oppressions, and was most deeply drenched in superstition: and this by the means of a Prince, who was the most devoted to the interest of Rome of any in Christen- dom, and seemed to be so upon knowledge, being very learned ; and continued to the last much leavened with su- perstition, and was the only king in the world whom that see declared Defender of the Faith. And that this should have been carried on so far, with so little opposition, some risings, though numerous and formidable, being scattered and quieted without blood ; and that a mighty prince who was victorious almost in all his undertakings, Charles the Fifth, and was both provoked in point of honour and interest, yet could never find one spare season to turn his arms upon Eng- land, are great demonstrations of a particular influence of Heaven in these alterations, and of its watchful care of them. But the other prejudice touches the Reformation in a more vital and tender part ; and it is, that Cranmer, and the other bishops, who promoted the Reformation in the succeeding reign, did in this comply too servilely with King Henry's humours, both in carrying on his frequent divorces, and in retaining those corruptions in the worship, which by their throwing them off in the beginning of King Edward's reign, we may conclude were then condemned by them ; so that they seem to have prevaricated against their consciences in that compliance. PREFACE. xliii It were too faint a way of answering so severe a charge, to turn it back on the church of Rome, and to shew the base compliances of some, even of the best of their popes, as Gregory the Great, whose congratulations to the usurper Phocas, are a strain of the meanest and indecentest flat- tery that ever was put in writing. And his compliments to Brunichild, who was one of the greatest monsters, both for lust and cruelty that ever her sex produced, shew that there was no person so wicked that he was ashamed to flatter : but the blemishing them will not (I confess) excuse our reformers, therefore other things are to be considered for their vindication. They did not at once attain the full knowledge of Divine truth, so that in some particulars, as in that of the corporal presence in the sacrament, both Cranmer and Ridley were themselves then in the dark. Bertram's book first convinced Ridley, and he was the chief instrument in opening Cranmer's eyes ; so if themselves were not then enlightened, they could not instruct others. As for other things, such as the giving the cup to the laity, the worshipping God in a known tongue, and several refor- mations about the mass, though they judged them neces- sary to be done as soon as was possible ; yet they had not so full a persuasion of the necessity of these, as to think it a sin not to do them. The Prophet's words to Naaman, the Syrian, might give them some colour for that mistake; and the practice of the apostles, who continued not only to wor- ship at the temple, but to circumcise and to offer sacrifices (which must have been done by St. Paul, when he purified himself in the temple) even after the law was dead, by the appearing of the Gospel, seemed to excuse their compliance. They had also observed, that as the apostles were " all things to all men, that so they might gain some ;" so the primitive Christians had brought in many rites of heathenism into their worship : upon which inducements they were wrought on to comply in some uneasy things, in which if these ex- cuses do not wholly clear them, yet they very much lessen their guilt. And after all this, it must be confessed they were men, and had mixtures of fear and human infirmities with their other excellent qualities. And, indeed, Cranmer was in all other points so extraordinary a person, that it was perhaps fit there should be some ingredients in his temper, to lessen the veneration, which his great worth might have raised too high, if it had not been for these feeblenesses, which upon some occasions appeared in him. But if we examine the failings of some of the greatest of the primitive fathers, as Athanasius, Cyril, and others, who were the most zealous asserters of the faith, we must conclude them to have been xliv PREFACE. nothing inferior to any that can be charged on Cranmer; whom, if we consider narrowly, we shall find as eminent virtues, and as few faults in him, as in any prelate that has been in the Christian church for many ages. And if he was prevailed on to deny his Master through fear, he did wash off that stain by a sincere repentance, and a patient martyr- dom, in which he expressed an eminent resentment of his former frailty, with a pitch of constancy of mind above the rate of modern examples. But their vir.ues, as well as their faults are set before us for our instruction; and how frail soever the vessels were, they have conveyed to us a treasure of great value the pure Gospel of our Lord and Saviour : which if we follow, and govern our lives and hearts by it, we may hope in easier and plainer paths to attain that blessedness which they could not reach, but through scorching flames : and if we do not improve the advantages which this light affords, we may either look for some of those trials which were sent for the exercise of their faith and patience, and perhaps for the punishment of their former compliance ; or, if we escape these, we have cause to fear worse in the conclusion. CONTENTS OF VOL. I. BOOK I. xlv A summary view of King Henry the Eighth's reign, till the process of his divorce was begun, in which the state of England, chiefly at it related to religion, is opened. KING Henry's succession to the crown, 1. He proceeds against Dudley and Empson, ib. He holds a parliament, 3. His great expense, Hi. Affairs beyond sea, ib. A peace and match with France, 4. He offers his daughter to the Dauphin, il>. The King of Spain chosen em- peror, 5. He comes to England, ib. A second war with France, 6. Upon Leo the Tenth's death, Hadrian chosen Pope, ih. He dies, and Clement the Seventh succeeds, 16. Charles the Fifth, at Windsor, contracted to the King's daughter, 7. But breaks his faith, ih. The Clementine league, 8. Rome taken and sacked, 9. The Pope is made a prisoner, ib. The King's success against Scotland, ib. A faction in his councils, 10. Cardinal Wolsey's rising, 11. His preferments, ib. Thecharacter of the Dukes of Norfolk and Suffolk, 14. Cardinal Wolsey against parliaments, 15. The King's breeding in learning, ib. He is flattered by scholars, 17. The King's preroga- tive in ecclesiastical affairs, 18. It was still kept up by him, ib. A contest concerning immunities, 19. A public debate about them, 20. Hunne murdered in prison, 23. The pro- ceedings upon that, it. The King much court- ed by Popes, 30. And declared Defender of the Faith, 31. The Cardinal absolute in England, ib. He designed to reform the clergy, 32. And to suppress monasteries, ib. The several kinds of convocations, ib. The clergy grant a subsidy to the King, 34. Of the state of monasteries, 35. The Cardinal founds two colleges, 36. The first beginning of reformation in England, 37. The cruelties of the church of Rome, 38. The laws made in England against heretics, 40. Under Richard the Second, 41. Under Henry the. Fourth, ib. And Henry the Fifth, 42. Heresy declared by the King's judges, 44. War- ham's proceeding against heretics, ib. The Bishop of London's proceedings against them, 47. The progress of Luther's doctrine, 48. His books were translated into English, 50. The King wrote against him, 51. He replied, ib. Endeavours to suppress the New Testa- ment, ib. Sir Thomas More writes against Luther, 52. Bilney and others proceeded against for heresy, 53. BOOK II. Of the process of divorce between King Henry and Queen Katherine, and of what passed from the nineteenth to the twenty-Jifth year of his reign, in which he was declared Supreme Head of the Church of England. The beginning of the suit of divorce, 54. Prince Arthur married the Infanta, ib. And died soon after, 55. A marriage proposed between Henry and her, ib. It is allowed by the Pope, 56. Henry protested against it, 57. His father dissuaded it, ib. Being come to the crown, he marries her, ib. She bore some children, but only the Lady Mary lived, ib. Several matches proposed for her, ib. The King's marriage questioned by foreigners, 58. Anno 1527. He himself has scruples con- cerning it, 59. The grounds of these, 60. All his bishops, except Fisher, condemn it, 1. The reasons of state against it, il>. Wol- sey goes into France, 62. The King's fears and hopes, ib. Arguments against the bull, 62. Calumnies cast on Anne Boleyn, 65. They are false and ill-contrived, 66. Her birth and education, 69. She was contracted to the Lord Pieicy, 7 1. The divorce moved for at Rome, 72. The first dispatch concern- ing it, ib. Anno 1528. The Pope granted it, 75. And gave a bull of dispensation, 76. The Pope's craft and policy, ih. A subtile me- thod proposed by the Pope, 78. Staphileus sent from England, 80. '1 he Cardinal's let- ters to the Pope, 81. A fuller bull is de- sired by the King, 82. Gardiner and Fox are sent to Rome, ib. The bull desired by them, 83. Wolsey's earnestness to procure it, 85. Campegio declared legate, 86. He delays his journey, ib. The Pope grants the decretal bull, 87. Two letters from Anne Boleyn to Wolsey, 88. Wolsey desires the bull may be seen by some of the King's coun- cil, 90. The Emperor opposes the King's bt. si- ness, ib. A breve is found in Spain, 91. It was thought to be forged, 92. Campegio comes to England, 93. And lets the King seethe bull, ib. But refuses to shew it to others, ib. Wol- sey moves the Pope that some might see it, 94. But in vain, ib. Campana is sent by the Pope to England, 96. The King offers the Pope a guard, ib. The Pope inclines to the Em- peror, 97. Threatenings used to him, ib. Anno 1529. He repents the sending over a bull, 98. But feeds the King with promises, 99. The Pope's sickness, 101. Wolsey aspires to the papacy, ib. Instructions for pro- moting him, 102. New motions for the di- vorce, 104. The Pope relapses dangerously, 105. A new dispatch to Rome, ib. Wolsey's bulls for the bishoprick of Winton, 107. The Emperor protests against the legates, ib. Yet the Pope promises not to recal it, 108. The xlvi CONTENTS. legates write to the Pope, 109. Compegio led an ill life, 111. The Emperor moves for an avocation, ib. The Pope's dissimulation, 112. Great contests about the avocation, 113. The legates begin the process, 115. A severe charge against the Queen, ib. The King and Queen appear in court, 116. The Queen's speech, 1 17. The King declares his scruples, 118. The Queen appeals to the Pope, 119. Articles framed and witnesses examined, ib. An avocation pressed at Home, ib. The Pope joins with the Emperor, 121. Yet is in great perplexities, ib. The avocation is granted, 123. The proceedings of the legates, ib. Campegio adjourns the court, 124. Which gave great offence, 125. Wolsey's danger, ib. Anne Boleyn returns to court, 127. Cranmer's opinion about the divorce, 128. Approved by the King, 129. Cardinal Wolsey's fall, ib. The meanness of his temper, ISO. He is attached of treason, 131. Hedies : his character, 132. A parliament called, ib. Complaints against the clergy, 134. The King's debts are dis- charged, ib. The Pope and the Emperor unite, 136. The women's peace, ib. Anno 1530. The Emperor is crowned at Bononia, ib. The Universities consulted in the King's suit of divorce, 137. The answers from Oxford and Cambridge, 138, 139. Dr. Crooke employed in Venice, 141. Many in Italy wrote for the divorce, 143. It was op- posed by the Pope and the Emperor, 144. No money given by the King's agents, 145. Great rewards given by the Emperor, 146. It is determined for the King at Bononia, Padua, Ferrara, and Orleans, 147, 148. At Paris, Bourges, and Thoulouse, 149. The opinions of some reformers, 150. And of the Luthe- rans, 152. The King will not appear at Rome, 154. Cranmer offers to defend the divorce, ib. The clergy, nobility, and gentry write to the Pope for the divorce, 155. The Pope's answer to them, 156. A proclamation against bulls, 157. Books written for the divorce, ib. Reasons out of the Old and New Testament, 158 161. The authorities of popes and coun- cils, 161. And the Greek and Latin fathers, 162. And canonists, ib. Marriage is complete by consent, 163. Violent presumptions of the consummation of the former marriage, ib. The Pope's dispensation of no force, 164. Bishops are not to obey his decrees, 165. The autho- rity of tradition, 166. The reasons against the divorce, 168. Answers made to these, 169. The Queen is intractable, 171. Anno 1531. A session of parliament, 172. The clergy found in a pramunire, ib. The pre- rogatives of the kings of England in eccle- siastical affairs, 173. The encroachments of popes, ib. Statutes made against them, 174. The popes endeavoured to have those repealed, 177. But with no effect, 182. The clergy excused themselves, ib. Yet they submit and acknowledge the King Supreme Head of the Church, 183. The King pardons them, 184. And with some difficulty the laity, ib. One attainted for poisoning, 185. The King leaves the Queen, 186. A disorder among the cler- gy, ib. The Pope turns to the French, 187. And offers his niece to the Duke of Orleans, 188. The Turk invades the empire, 189. Anno 1532. The parliament complains of the spiritual courts, ib. They reject a bill concerning wards, 190. An act against an- nates, 191. The Pope writes to the King, 192. The King's answer, 193. Sir Edward Karne sent to Rome, 195. His negotiation there, ib. He corrupts the Cardinal of Ra- venna, 196. The process against the King at Rome, ib. A bull for new bishopricks, 197. The Pope desires the King would submit to him, 199. A new session of parliament, ib. A subsidy is voted, 200. The oaths the clergy swore to the Pope and to the King, 200,201. Chancellor More delivers up his office, 202. The King meets with the French King, 203. Eliot sent to Rome, ib. The King marries Anne Boleyn, 205. New overtures for the divorce, ib. Anno 1533. A session of parliament, 260. An act against appeals to Rome, ib. Archbi- shop Warham dies, 207. Cranmer succeeds him, 208. His bulls from Rome, ib. His con- secration, 209. The judgment of the convo- cation concerning the divorce, 210. Endea- vours to make the Queen submit, 212. But in vain, ib. Cranmer gives judgment, 214. Censures that pass upon it, 215. The Pope united to the French King, 217. A sentence against the King's proceedings, 218. Queen Elizabeth is born, 219. An interview between the Pope and the French King, ib. The King submits to the Pope, 220. The imperialists oppose the agreement, 222. And procure a definitive sentence, ib. The King resolves to abolish the Pope's power in England, 223. It was long disputed, ib. Arguments against it from Scripture, 224. And the primitive church, 226. Arguments for the King's su- premacy, 229. From Scripture and the laws of England, 229 232. The supremacy ex- plained,233. Pains taken to satisfy Fisher, 234. Anno 1534. A session of parliament, ib. An act for taking away the Pope's power, 236. About the succession to the crown, 237. For punishing heretics, 240. The submission of the clergy, 241. About the election of bishops, 242. And the Maid of Kent, 243. The inso- lence of some friars, 247. The Nun's speech at her death , 249. Fisher is dealt with gently, 250. The oath for the succession taken by many, 252. More and Fisher refuse it, 254. And are proceeded against, 255. Another session of parliament, 256. The King's su- premacy is enacted, ib. An act for suffragan bishops, 257. A subsidy is granted, 258. More and Fisher are attainted, ib. The pro- gress of the Reformation, 260. Tindal and others at Antwerp send over books and the New Testament, ib. The Supplication of the CONTENTS. xlvii Beggars, 262. More answers and Frith re- plies, 263. Cruel proceeding against reform- ers, 265. Bilney's sufferings, 266. The suf- ferings of Byfield, 268. And Bainham, 269. Articles abjured by some, 270. Tracy's Tes- tament, 271. Frith's sufferings, 272. His arguments against the corporal presence in the sacrament, ib. His opinion of the sacra- ment and purgatory for which he was con- demned, 276, 277. His constancy at his death, ih. A stop put to cruel proceedings, 279. The Queen favoured the reformers, ib. Cranmer promoted it, 280. And was assisted by Cromwell, 281. A strong party against it, ib. Reasons used against it, 282. And for it,ib. The judgmentof some bishops concerning a general council, 283. A speech of Cranmer's of it, 285. BOOK III. Of the other transaction! about religion and reformation, during the rest of the reign of King Henry the Eighth. Anno 1535. The rest of the King's reign was troublesome, 289. By the practices of the clergy, 290. Which provoked the King much, 291. The bishops swear the King's supremacy, 292. The Franciscans only re- fuse it, 294. A visitation of monasteries, ib. The instructions of the visitors, 297. Injunc- tions sent by them, 299. The state of the monasteries in England, and their exemp- tions, 300, 301. They were deserted, but again set up by King Edgar, 301, 302. Arts used by the monks. 302. They were gene- rally corrupt, 304. And so grew the friars, ib. The King's other reasons for suppressing mo- nasteries, 305. Cranmer's design in it, 306. The proceedings of the visitors, 307. Some houses resigned to the King, 308. Anno 1536. Queen Katherine dies, S09. A session of parliament in which the lesser monasteries were suppressed, 311. The rea- sons for doing it, 312. The translation of the Bible in English designed, 313. The reasons for it, ib. The opposition made to it, 314. Queen Anne's fall driven on by the popish party, 316. The King became jealous, 317. She is put in the Tower, 320. She confessed some indiscreet words, 321. Cranmer's let- ters concerning her, 322. She is brought to a trial, 325. And condemned, 327. And also divorced, 328. She prepares for death, 329. The Lieutenant of the Tower's letters about her, 16. Her execution, 330. The censures made on this, 331 . Lady Mary is reconciled to her father, and makes a full submission, 334. Lady Elizabeth is well used by the King, 336. A letter of hers to the Queen, 337. A new parliament is called, ib. An act of succession, 339. The Pope endeavours a re- conciliation, 340. But in vain, ib. The pro- ceedings of the convocation, 342. Articles agreed on about religion, 347. Published by the King's authority, 350. But variously cen- sured, 351. The convocation declared against the council summoned by the Pope, 353. The King publishes his reasons against it, 354. Cardinal Pole writes against the King, 356. Many books are written for the King, 3r>7 . In- structions for the dissolution of monasteries, 358. Great discontents among all sorts, 359. Endeavours to qualify these, 360. The people were disposed to rebel, 361. The King's in- junctions about religion, 363. They were much censured, 365. A rising in Lincolnshire, 366. Their demands, and the King's answer, ib. It was quieted by the Duke of Suffolk, 367. A great rebellion in the north, 368. The Duke of Norfolk was sent against them, 370. They advance to Doncaster,371. Their demands, 372. The King's answer to them, 374. Anno 1537. The rebellion is quieted, 375. New risings soon dispersed, 376. The chief, rebels executed, 377. A new visitation of monasteries, 378. Some great abbots resign, 379. Confessions of horrid crimes are made, 381. Some are attainted, 384. And their ab- beys suppressed, 387. The superstition and cheats of these houses discovered, 389. Anno 1538. Some images publicly broken, 390. Thomas Becket's shrine broken, 392. New injunctions about religion, 394. Invec- tives against the King at Rome, ib. The Pope's bulls against the King, 395. The clergy in England declared against these, 399. The Bible is printed in English, 400. New injunctions, 401. Prince Edward is born, 403. The compliance of the popish party, ib. Lambert appealed to the King, 406. And is publicly tried, t6. Many arguments brought against him, 407. He is condemned and burnt, 408. The popish party gain ground, 409. A treaty with the German princes, 410. Bonner's dissimulation, ib. Anno 1539. A parliament is called, 412. The Six Articles are proposed, ib. Arguments against them, 413. An act passed for them, 416. Which is variously censured, 417. An act about the suppression of all monasteries, 418. Another for erecting new bishopricks, 421. The King's design about these, 422. An act for obedience to the King's proclamations, 423. An act concerning precedence, 424. Some acts of attainder, 425. The King's care of Cranmer, 426. Who wrote against the Six Articles, 427. Proceedings upon that act, 428. Bonner's commission for holding his bishop- rick of the King, 429. The total dissolution of abbeys, 430. Which were sold or given away, 431. A project of a seminary for mi- nisters of state, 432. A proclamation for the use of the Bible, 433. The King designs to marry Anne of Cleve, 434. Who comes over, but is disliked by the King, 436. xlviii CONTENTS. Anno 1540. But he marries her, yet could never love her, 439. A parliament is called, 440. Where Cromwell speaks as lord vice- gerent, ib. The suppression of the knights of St. John of Jerusalem, 442. Cromwell's fall, 443. The King is in love with Katherine Howard, 444. Cranmer's friendship to Crom- well, 445. Cromwell's attainder, 446. Cen- sures passed upon it, 448. The King's di- vorce is proposed, 449. And referred to the convocation, 450. Reasons pretended for it, ib. The convocation agree to it, 451. Which was much censured, ib. It is confirmed in par- liament, 452. The Queen consents to it, 453. An act about the incontinence of priests, ib. Another act about religion, 454. Another con- cerning precontracts, 455. Subsidies granted by clergy and laity, ib. Cromwell's death, 456. His character, 457. Designs against Cranmer, 458. Some bishops and divines con- sult about religion, 459. An explanation of faith, ib, Cranmer's opinion about it, 462. They explain the Apostles' Creed, 463. And the Seven Sacraments with great care, 464. As also the Ten Commandments, 467. The Lord's Prayer, the Ave Maria, and free-will, 468. And justification and good works, 469, 470. Published by the King, but much cen- sured, 471. A correction of the missals, 473. The sufferings of Barnes and others, 474. They are condemned unheard, 476. Their speeches at their death, 477. Bonner's cruelty, 480. New bishopricks founded, 482. Cranmer's design is defeated, 483. These foundations are censured, 484. The state of the court, 485. The Bible is set up in churches, 486. An or- der for churchmen's housekeeping, 487. The King goes to York, 488. The state of Scot- land, 489. The beginning of the Reformation, ib. Patrick Hamilton's sufferings, 490. A fur- ther prosecution , 494. The King wholly guided by the clergy, 496. Some put to death, others escaped, 498. The Queen's ill life is disco- vered, 500. Anno 1542. A parliament called, 502. An act about the Queen much censured, 502, 503. A design to suppress the English Bible, 505. The Bible ordered to be revised by the uni- versities, 506. Bishop Bonner's injunctions, ib. The way of preaching at that time, 508. Plays and interludes then acted, 510. War between England and Scotland, 511. The Scots are defeated, and their king dies, 513. Anno 1543. Cranmer promotes a reforma- tion, 516. An act of parliament for it, ih. Another about the King's proclamations, 518. A league between the King and the Emperor, 519. A match designed with Scotland, ib. But the French party prevailed there, 521. A war with France, 522. A persecution of the re- formers, 523. Marbeck's great ingeniousness, 524. Three burnt at Windsor, 525. Their per- secutors are perjured, ib. A design against Cranmer, 526. It came to nothing, 527. His Christian behaviour, 528. Anno 1544. A new parliament, ib. An act about the succession, ib. An act against con- spiracies, 530. An act for revising the canon law, ib. A discharge of the King's debts, 531. The war against Scotland, ib. AudJey, the Chancellor dies, 532. The prayers are put in English, 533. Bulloign is taken, ib. Anno 1545. The Germans mediate a peace between England and France, 534. Some great church preferments, 535. Wishart's sufferings in Scotland, ib. Cardinal Beaton is killed, 540. Anno 1546. Anew parliament, 542. Cha- pels and chantries given to the King, ib. The King's speech to the parliament, 543. The King confirms the rights of universities, 545. A peace with France, 546. Designs of a fur- ther reformation, ib. Shaxton's apostacy, ib. The troubles of Anne Askew, 547. She en- dures the rack, 549. And is burnt with some others, ib. A design against Cranmer, 550. The King takes care of him, ib. A design against the Queen, 552. The cause of the Duke of Norfolk's disgrace, 554. Anno 1547. The Earl of Surrey is exe- cuted, 556. The Duke of Norfolk's submis- sion, ib. A parliament meets, 557. The Duke of Norfolk is attainted, 558. His death pre- vented by the King, J6. The Emperor's de- signs against the protestants, 559. The King's sickness, 560. His latter will a forgery, 561. The King's severities against the popish party, 563. Some Carthusians executed for denying the King's supremacy, 565. And a priest for treason, ib. Three monks executed, 566. Fisher's trial and death, 567. His cha- racter, 568. More's trial and death, 56 9. His character, 570. Attainders after the rebellion was quieted, 573. Censures passed upon it, ib. Friar Forrest's equivocation and heresy, 574. The proceedings against Cardinal Pole's friends, 575. Attainders without hearing the parties, 578. The conclusion, 581. Addenda, 583. BURNET'S REFORMATION. PART I. BOOK I. A SUMMARY VIEW OF KING HENRY THE EIGHTH'S REIGN, TILL THE PROCESS OF HIS DIVORCE WAS BEGUN, IN WHICH THE STATE OF ENGLAND, CHIEFLY AS IT RELATED TO RELIGION, IS OPENED. TC^NGLAND had for a whole age felt the miseries King -" of a long and cruel war between the two houses "^S of York and Lancaster; during which time as the tolhe Crown had lost great dominions beyond sea, so the Aprils?,- nation was much impoverished, many noble families 130 and Tourney ; the former he demolished, the latter he kept : and in these exploits he had an unusual honour done him, which, though it was a slight thing, yet was very pleasant to him : Maximilian the Emperor taking pay in his army, amounting to a hundred * crowns a day, and upon all public solemnities giving the King the precedence. Aug. 7, T^ peace between England and France was made A peace, firmer by Lewis, the French King's marrying the match King's sister ; but he dying soon after, new counsels France. were to be taken. Francis, who succeeded, did in ^9- the beginning of his reign, court this King with great dies,' offers to renew the peace with him, which was accord - ig^ 1 ' ingly done. Afterwards Francis falling in with all his force upon the duchy of Milan, all endeavours were used to engage King Henry into the war, both by the Pope and Emperor, this last feeding him long with hopes of resigning the empire to him, which wrought much on him; insomuch tjiat he did give them a great supply in money, but he could not be engaged to divert Francis by making war upon him : and Francis ending the war of Italy by a peace, was so far from resenting what the King had done, that he j^dy courted him into straiter league, and a match was betrothed agreed between the Dauphin and the Lady Mary, the , King's daughter, and Tourney was delivered up to the French again. But now Charles, archduke of Austria by his fa- ther, and heir to the house of Burgundy by his grand- PART I. BOOK I. 5 mother, and to the crown of Spain by his mother, began to make a great figure in the world ; and his grandfather, Maximilian, dying, Francis and he were Emperor co-rivals for the empire : but Charles being preferred i2, S i5i9! in the competition, there followed, what through per- ^" sonal animosities, what through reason of state, and June28 - a desire of conquest, lasting wars between them ; which, though they were sometimes for a while closed up, yet were never clearly ended. And those two great monarchs, as they eclipsed most other princes about them, so they raised this King's glory higher, both courting him by turns, and that not only by ear- nest and warm addresses, but oft by unusual submis- sions ; in which they, knowing how great an ingre- dient vanity was in his temper, were never deficient when their affairs required it. All which tended to make him appear greater in the eyes of his own peo- ple. In the year 1520, there was an interview agreed 1520. on between the French King and him ; but the Em- peror, to prevent the effects he feared from it, resolved to outdo the French King in the compliment, and, without any treaty or previous assurances, came to Dover, and solicited the King's friendship against The Em pe Francis : and to advance his design gained Cardinal &J!u*d Wolsey, who then governed all the King's counsels, May 26 - by the promise of making him pope ; in which he judged he might, for a present advantage, promise a thing that seemed to be at so great a distance (Pope Leo the Tenth being then but a young man), and with rich presents, which he made both to the King, the Cardinal, and all the court, wrought much on them. But that which prevailed most with the King was, that he saw, though Charles had great dominions, yet they lay at such a distance, that France alone was a sufficient counterpoise to him; but if Francis could keep Milan, recover Naples, Burgundy, and Navarre, to all which he was then preparing, he would be an uneasy neighbour to himself; and if he kept the foot- ing he then had in Italy, he would lie so heavily on the papacy, that the popes could no longer carry equally in the affairs of Christendom; upon which ;6 BURNET'S REFORMATION. much depended, according to the religion of that time. Therefore he resolved to take part with the Emperor, till at least Francis was driven out of Italy, and reduced to juster terms : so that the following June r. interview, between Francis and him, produced nothing but a vast expense and high compliments ; and from July 10. a second interview, between the King and the Em- peror, Francis was full of jealousy, in which what A second followed justified his apprehensions; for the war pva r Je! th going on between the Emperor and Francis, the King entered into a league with the former, and made war upon France. i*ox. But the Pope dying sooner than it seems the Eni- i! e i52i! c peror looked for, Cardinal Wolsey claimed his pro- mise for the papacy ; but before the messenger came Adrian to him, Adrian, the Emperor's tutor, was chosen pope : pope jan. yet to feed the Cardinal with fresh hopes, a new pro- 9,1522. m - se was ma( j e f or the nex t vacancy, and in the mean- while he was put in hope of the archbishopric of To- He died ledo. But two years after, that Pope dying, the Em- is^'. 14 ' peror again broke his word with him ; yet though he was thereby totally alienated from him, he concealed element his indignation till the public concerns should give theVIIih i ' j , ., i C chosen, him a good opportunity to prosecute it upon a better KOV. 19. co ] our anc i by hi s letters to Rome, dissembled* his resentments so artificially, that in a congratulation he wrote to Pope Clement, he " protested his election was matter of such joy both to the King and himself, that nothing had ever befallen them which pleased them better, and that he was the very person whom 1522. they had wished to see raised to that greatness." But while the war went on, the Emperor did cajole the King with the highest compliments possible, which Emperor always wrought much on him, and came in person i^ver, 3 ' into England to be installed knight of the garter, where May 26. a new j ea g ue was concluded, by which, besides mutual assistance, a match was agreed on between the Em- * The Cardinal's dissimulation upon this occasion has been questioned, and possibly with reason, as far as regarded Clement, whose election the King's ambassadors were instructed to promote to the utmost of their power, if Wol- sey's own chance of success should become doubtful. See the corrections at the end of the History of the Reformation in other editions, and Collier, 11. 19. N PART I. BOOK I. 7 peror and Lady Mary, the King's only child by his Queen, of whom he had no hopes of more issue. This 1 "to was sworn to on both hands, and the Emperor was ^ e ^ iD8 ' s ' -T daughter, obliged, when she was of age, to marry her, per verba J<"> e 19. de present}, under pain of excommunication and the forfeiture of 100,000/. The war went on with great success on the Empe- ror's part, especially after the battle of Pavia, in which Francis's army was totally defeated, and himself taken prisoner and carried into Spain. After which, the Emperor being much offended with the Pope for join- ing with Francis, turned his arms against him, which were so successful that he besieged and took Rome, Ma y 6 - and kept the Pope a prisoner six months. The Cardinal, finding the public interests concur so happily with his private distastes, engaged the King to take part with France, and afterwards with the Pope against the Emperor, his greatness now becoming the terror of Christendom; for the Emperor, lifted up with his success, began to think of no less than a universal empire. And first, that he might unite all Spain to- gether, he preferred a match with Portugal, to that which he had before contracted in England : and he thought it not enough to break off his sworn alliance with the King, but he did it with a heavy imputation on the Lady Mary : for in his council it was said that she was illegitimate, as being born in an unlaw- ful marriage, so that no advantage could be expected from her title to the succession, as will appear more particularly in the Second Book. And the Pope hav- ing dispensed with the oath, he married the Infanta of Portugal. Besides, though the King of England had gone deep in the charge, he would give him no share in the advantages of the war ; much less give him that assistance which he had promised him, to recover his ancient inheritance in France. The King being irritated with this manifold ill usage, and led on by his own interests, and by the offended Cardi- nal, joined himself to the interests of France. Upon which there followed, not only a firm alliance, but a personal friendship, which appeared in all the most 8 BURNET'S REFORMATION. obliging expressions that could be devised. And upon the King's threatening to make war on the Em- Mar.is, peror, the French King was set at liberty, though on 1526 ' very hard terms, if any thing can be hard that sets a king out of prison; but he still acknowledged he owed his liberty to King Henry. The cie. Then followed the famous Clementine League be- il^e, tween the Pope and Francis, the Venetians, the Flo- f y 6 22 > rentines, and Francis Sforza, duke of Milan, by which the Pope absolved the French King from the oath he had sworn at Madrid, and they all united against the Emperor, and declared the King of England Pro- tector of the League. This gave the Emperor great distaste, who complained of the Pope as an ungrate- ful and perfidious person. The first beginning of the storm fell heavy on the Pope ; for the French King, who had a great mind to have his children again into his own hands, that lay hostages in Spain, went on but slowly in performing his part. And the King of England would not openly break with the Emperor, but seemed to reserve himself to be arbiter between the princes. So that the Colonnas, being sept. so. of the imperial faction, with 3000 men entered Rome, and sacked a part of it, forcing the Pope to fly into the castle of St. Angelo, and to make peace with the Emperor. But as soon as that fear was over, the Pope, returning to his old arts, complained of the Cardinal of Colonna, and resolved to deprive him of that dignity, and with an army entered the kingdom of Naples, taking divers places that belonged to that family. But the confederates coming slowly to his assistance, and he hearing of great forces that were coming from Spain against him, submitted himself to the Emperor, and made a cessation of arms ; but being again encouraged with some hopes from his allies, and (by a creation of fourteen cardinals for i5S7. money) having raised 300,000 ducats, he disowned the treaty, and gave the kingdom of Naples to Count Vaudemont, whom he sent with forces to subdue it. But the Duke of Bourbon prevented him, and went to Rome, and giving the assault, in which himself PART I. BOOK I 9 received his mortal wound, the city was taken by Rome storm, and plundered for several days, about 5000 ^j en being killed. The Pope, with seventeen cardinals, ^ e j^ fled to the castle of St. Angelo, but was forced to render his person, and to pay 400,000 ducats to the army. This gave great offence to all the princes of Chris- tendom, except the Lutherans of Germany ; but none resented it more loudly than this King, who sent over Cardinal Wolsey to make up a new treaty with Jl536 - vented it. As for his parliaments, he took great care to keep a good understanding with them, and chiefly with the House of Commons, by which means he seldom failed to carry matters as he pleased among them : only in the parliament held in the fourteenth and fifteenth of his reign, the demand of the subsidy towards the war with France, being so high as 800,000 lib. the fifth of men's goods and lands to be paid in four years, and the Cardinal being much hated, there was great op- position made to it ; for which the Cardinal blamed Sir Thomas More much, who was then speaker of the House of Commons ; and finding that which was of- fered, was not above the half of what was asked, went himself to the House of Commons, and desired to hear the reasons of those who opposed his demands, that he might answer them : but he was told the order of their House was to reason only among themselves, and so went away much dissatisfied. It was with great diffi- culty that they obtained a subsidy of three shillings in the lib. to be paid in four years. This disappointment, it seems, did so offend the Cardinal, that as no par- liament had been called for seven years before, so there was none summoned for seven years after. And thus stood the civil government of England in the nine- teenth year of the King's reign, when the matter of divorce was first moved. But I shall next open the state of affairs in reference to religious and spiritual concerns. King Henry was bred with more care than had been H B was usually bestowed on the education of princes for many ^j^. ages, who had been only trained up to those exercises 16 BURNET'S REFORMATION. that prepared them to war ; and if they could read and write, more was not expected of them. But learning began now to flourish ; and as the house of Medici in Florence had great honour by the protection it gave to learned men, so other princes everywhere cherished the muses. King Henry the Seventh, though illiterate himself, yet took care to have his children instructed in good letters. And it generally passes current that he bred his second son a scholar, having designed him to be archbishop of Canterbury, but that has no foundation ; for the writers of that time tell, that his elder brother, Prince Arthur, was also bred a scholar. And all the instruction King Henry had in learning, must have been after his brother was dead, when that design had vanished with his life. For he being born the twenty-eighth of June, 1491, and Prince Arthur dying the second of April, 1502, he was not full eleven years of age when he became prince of Wales ;* at which age princes have seldom made any great pro- gress in learning. But King Henry the Seventh, judging either that it would make his sons greater princes, and fitter for the management of their affairs, or being jealous of their looking too early into busi- ness, or their pretending to the crown upon their mo- ther's title, which might have been a dangerous com- petition to him, that was so little beloved by his sub- jects, took this method for amusing them with other things : thence it was that his son was the most learned prince that had been in the world for many ages, and deserved the title Beau-clerke, on a better account than his predecessor, that long before had carried it. * Here it is supposed that the next heir-apparent of the crown was prince of Wales. The heir-apparent of the crown is indeed prince, but is not prince of Wales, strictly speaking, unless he has it given him by creation. And it is said, that there is nothing on record to prove that any of King Henry's children were ever created prince of Wales. There are indeed some hints of the Lady Mary's being styled Princess of Wales, for when a family was appointed for her, 1525, Veysey, bishop of Exeter, her tutor, was made president of Wales. She also is said to have kept her house at Ludlow ; and Leland says, that Teken Hill, a house in those parts built for Prince Arthur, was repaired for her. And Tho. Linacre dedicates his " Rudiments of Grammar" to her, by the title of Princess of Cornwall and Wales. [Henry is said (book iii. anno 1547, and vol. ii. p. 4.) to have intended to create Edward Prince of Wales, but to have been prevented by death, and the same is noticed in Edward's own Journal. Elizabeth was, by the King, declared, to be Princess of Wales, on her birth, though only heir presumptive, and contrary to the opinion of the lawyers. N.] PART I. BOOK I. 17 The learning then in credit, was either that of the schools, about abstruse questions of divinity, which from the days of Lombard were debated and descanted on with much subtlety and nicety, and exercised all speculative divines ; or the study of the canon law, which was the way to business and preferment. To the former of these the King was much addicted, and delighted to read often in Thomas Aquinas; and this made Cardinal Wolsey more acceptable to him, who was chiefly conversant in that sort of learning. He loved the purity of the Latin tongue, which made him be so kind to Erasmus, that was the great restorer of it, and to Polydore Virgil ; though neither of these made their court dexterously with the Cardinal, which did much intercept the King's favour to them ; so that the one left England, and the other was but coarsely used in it, who has sufficiently revenged himself upon the Cardinal's memory. The philosophy then in fashion was so intermixed with their divinity, that the King understood it too ; and was also a good musi- cian, as appears by two whole masses which he com- posed. He never wrote well, but scrawled so that his hand was scarce legible. Being thus inclined to learning, he was much courted by all hungry scholars, who .generally over Europe dedicated their books to him, with such flat- tering epistles, that it very much lessens him, to see how he delighted in such stuff. For if he had not taken pleasure in it, and rewarded them, it is not likely that others should have been every year writing after such ill copies. Of all things in the world, flattery wrought most on him ; and no sort of flattery pleased him better than to have his great learning and wisdom commended. And in this, his parliaments, his cour- tiers, his chaplains, foreigners and natives, all seemed to vie who should exceed most, and came to speak to him in a style which was scarce fit to be used to any creature. But he designed to entail these praises on his memory, cherishing churchmen more than any king in England had ever done ; he also courted the Pope with a constant submission, and upon all occa- VOL. i. c 18 BURNET'S REFORMATION. sions made the Pope's interest his own, and made v/ar and peace as they desired him. So that had he died any time before the nineteenth year of his reign he could scarce have escaped being canonized, notwith- standing all his faults; for he abounded in those vir- tues which had given saintship to kings for near a thousand years together, and had done more than they all did, by writing a book for the Roman faith. The king's England had for above three hundred years been m ecciesi- 6 the tamest part of Christendom to the papal authority, mauers. and had been accordingly dealt with. But though the parliaments, and two or three high-spirited kings, had given some interruption to the cruel exactions and other illegal proceedings of the court of Rome, yet that court always gained their designs in the end. But even in this King's days, the crown was not quite stripped of all its authority over spiritual persons. The investitures of bishops and abbots, which had been originally given by the delivery of the pastoral ring and staff, by the kings of England, were, after some opposition, wrung out of their hands : yet I find they retained another thing, which upon the matter was the same. When any see was vacant a writ was issued out of the chancery for seizing on all the tem- cnstodia poralities of the bishoprick, and then the kingrecom- 52!"*' mended one to the pope, upon which his bulls were expeded at Rome, and so by a warrant from the pope he was consecrated, and invested in the spiritualities of the see ; but was to appear before the king, either in person or by proxy, and renounce every clause in his letters and bulls, that were or might be prejudicial to the prerogative of the crown, or contrary to the laws of the land, and was to swear fealty and allegiance to the king. And after this a new writ was issued out of the chancery, bearing that this was done, and that Kestitutio thereupon the temporalities should be restored. Of temporal i- r tatis. this there are so many precedents in the records, that every one that has searched them must needs find them in every year ; but when this began, I leave to the more learned in the law to discover. And for proof vuri>. i. of it the reader will find in the Collection the fullest PART 1. BOOK I. 19 record which I met with concerning it in Henry the Seventh's reign, of Cardinal Adrian's being invested in the bishoprick of Bath and Wells. So that upon the matter the kings then disposed of all bishopricks, keeping that still in their own hands which made them most desired in those ages ; and so had the bishops much at their devotion. But King Henry in a great degree parted with this, by the above-mentioned power granted to Cardinal Wolsey, who being legate as well as lord chancellor, it was thought a great error in government, to lodge such a trust with him, which might have passed into a precedent, for other legates pretending to the same power ; since the papal greatness had thus risen, and oft upon weaker grounds, to the height it was then at. Yet the King had no mind to suffer the laws made against the suing out of bulls in the Court of Rome without his leave to be neglected ; for I find License several licenses granted to sue bulls in that court, p^of bearing for their preamble the statute of the sixteenth e t ' rb 3 urg ' of Richard the Second against the Pope's pretended i ?< T7 1 J 5*. Reg. power in England. Rot.pat. But the immunity of ecclesiastical persons was a thing that occasioned great complaints. And good cause there was for them. For it was ordinary for persons after the greatest crimes to get into orders ; and then not only what was past must be forgiven them, but they were not to be questioned for any crime after holy orders given, till they were first degraded ; and till that was done, they were the bishop's pri- soners, Whereupon there arose a great dispute in the beginning of this King's reign, of which none of our historians having taken any notice, I shall give a full account of it. King Henry the Seventh, in his fourth parliament, A contest did a little lessen the privileges of the clergy, enact- ll\^ ing that clerks convicted should be burnt in the hand. tical . im - T> l rf inanity. but tins not proving a sumcient restraint, it was en- Keiiway-s acted in parliament in the fourth year of this King, that all murderers and robbers should be denied the benefit of their clergy. But though this seemed a c 2 20 BURNET'S REFORMATION. very just law, yet to make it pass through the House of Lords, they added two provisos to it the one, for excepting all such as were within the holy orders of bishop, priest, or deacon ; the other, that the act should only be in force till the next parliament. With these provisos it was unanimously assented to by the Lords on the 26th of January, 1513, and being agreed to by the Commons, the royal assent made it a law : pursuant to which, many murderers and felons were denied their clergy, and the law passed on them to the great satisfaction of the whole nation. But this gave great offence to the clergy, who had no mind to suffer their immunities to be touched or lessened. And judging, that if the laity made bold with inferior orders, they would proceed further even against sacred orders ; therefore, as their opposition was such, that the act not being continued, did determine at the next parliament (that was in the fifth year of the King), so they, not satisfied with that, resolved to fix a cen- sure on that act as contrary to the franchises of the holy church. And the Abbot of Winchelcomb being more forward than the rest, during the session of par- liament in the seventh year of this King's reign, in a sermon at Paul's Cross, said openly, That that act was " contrary to the law of God, and to the liberties of the holy church, and that all who assented to it, as well spiritual as temporal persons, had, by so doing, incurred the censures of the church." And for confirmation of his opinion, he published a book to prove, that all clerks, whether of the greater or lower orders, were sacred, and exempted from all temporal punishment by the secular judge, even in criminal cases. This made great noise, and all the temporal lords, with the concurrence of the House of Commons, desired the King to suppress the growing insolence of the clergy. So there was a hearing of the matter before the King, with all the judges and the King's temporal council. Doctor Standish, guar- dian of the Mendicant Friars in London (afterwards bishop of St. Asaph), the chief of the King's spiritual council, argued, That by the law, clerks had been PART I.. BOOK I. 21 still convened and judged in the King's court for civil crimes, and that there was nothing either in the laws of God or the church inconsistent with it ; and that the public good of the society, which was chiefly driven at by all laws, and ought to be preferred to all other things, required that crimes should be pu- nished. But the Abbot of Winch elcomb, being coun- sel for the clergy, excepted to this, and said, " There was a decree made by the church expressly to the contrary, to which all ought to pay obedience under the pain of mortal sin ; and that therefore the trying of clerks in the civil courts was a sin in itself." Standish upon this turned to the King and said, " God forbid that all the decrees of the church should bind. It seems the bishops think not so, for though there is a decree that they should reside at their cathedrals all the festivals of the year, yet the greater part of them do it not ;" adding, that no decree could have any force in England till it was received there ; and that this decree was never received in England, but that, as well since the making of it, as before, clerks had been tried for crimes in the civil courts. I'o this the Abbot made no answer, but brought a place of Scripture to prove this exemption to have come from our Saviour's words, Nolite tangere christos mcos, Touch not mine anointed ; and therefore princes or- dering clerks to be arrested and brought before their courts, was contrary to Scripture, against which no custom can take place. Standish replied, these words were never said by our Saviour, but were put by David in his Psalter one thousand years before Christ ; and he said these words had no relation to the civil judicatories, but because the greatest part of the world was then wicked, and but a small number believed the law, they were a charge to the rest of the world, not to do them harm. But though the Abbot had 'been very violent, and confident of his being able to confound all that held the contrary opi- nion, yet he made no answer to this. The laity that were present being confirmed in their former opinion by hearing the matter thus argued, moved the bishops part, 22 BURNET'S REFORMATION. to order the Abbot to renounce bis former opinion, and recant his sermon at Paul's Cross. But they flatly refused to do it, and said they were bound by the laws of the holy church to maintain the Abbot's opinion in every point of it. Great heats followed upon this during the sitting of the parliament, of which there is a very partial entry made in the jour- nal of the Lords' House ; and no wonder, the clerk of Made cierk, the parliament, Dr. Tylor, doctor of the canon law, ^ 29 ' being at the same time speaker of the Lower House f Convocation. The entry is in these words : " In journal this parliament and convocation, there were most rocerum 1 11 11 7 Hen. s. dangerous contentions between the clergy and the ft'fin/tuT secular power, about the ecclesiastical liberties ; one fuit hoc Standish, a minor friar, being the instrument and pro- pui'li.'i- * 1. meotam moter of all that mischief." But a passage fell out, isis. 60 ' that made this matter be more fully prosecuted in the Ty'iorjuris Michaelmas term. One Richard Hunne, a merchant- poDuncii^ tailor in London, was questioned by a clerk in Mid- ric^pariL dlesex for a mortuary, pretended to be due for a child Domin7 m of his that died five weeks old. The clerk claiming Regis: et j-^g beering-shect, and Hunne refusing: to give it : codem tern- OO' pore Pro- upon that he was sued, but his counsel advised him convoca- to sue the clerk in a prcemunire, for bringing the quod'raro"' King's subjects before a foreign court ; the spiritual accidit. in court sitting by authority from the legate. This hoc par- 1111 i -11 liamento et touched the clergy so in the quick, that they used all tiolTe^eri. the arts they could to fasten heresy on him ; and un- cuiosissima: derstanding that he had WicklifTs Bible, upon that seditiones liPl i -I-TII-II exortae he was attached ot heresy, and put in the Lollard s crrum'e' tower at Paul's, and examined upon some articles P e C tena^ objected to him by Fitz- James, then bishop of London. super liber. He denied them as they were charged against him, ciesiasticis, but acknowledged he had said some words sounding frare am that way, for which he was sorry, and asked God's minore, mercy, and submitted himself to the Bishop's correc- nomine 1*11 standish, tion; upon which he ought to have been enjoined mTorn^j penance, and set at liberty ; but he persisting still in aSl his suit in the King's courts, they used him most latore. cruelly. On the 4th of December he was found Hall and J I 1 i 1 i FOX. hanged in the chamber where he was kept pri- PART I. BOOK I. 23 soner.* And Dr. Horsey, chancellor to the Bishop * HUM* of London, with the other officers who had the charge p* D S on d of the prison, gave it out that he had hanged himself. But the Coroner of London coming to hold an inquest on the dead body, they found him hanging so loose, and in a silk girdle, that they clearly perceived he was killed ; they also found his neck had been broken, as they judged, with an iron chain, for the skin was all fretted and cut ; they saw some streams of blood about his body, besides several other evidences, which made it clear he had not murdered himself; where- upon they did acquit the dead body, and laid the murder on the officers that had the charge of that prison : and by other proofs they found the Bishop's Sumner and the Bell-ringer guilty of it ; and by the deposition of the Sumner himself, it did appear, that the Chancellor and he, and the Bell-ringer, did mur- der him, and then hang him up. But as the inquest proceeded in this trial, the Bishop began a new process against the dead body of Richard Hunne, for other points of heresy; and several articles were gathered out of Wickliff's pre- face to the Bible with which he was charged. And his having the book in his possession being taken for good evidence, he was judged an heretic, and his body delivered to the secular power. When judgment was given, the Bishops of Duresme and Lincoln, with many doctors both of divinity and the canon law, sat with the Bishop of London ; so that it was looked on as an act of the whole clergy, and done by common And his consent. On the 20th of December his body was ^ e d, burnt at Smithfield. f/^ 20 - But this produced an effect very different from what was expected ; for it was hoped that he being found an heretic, nobody should appear for him any more : whereas, on the contrary, it occasioned a great outcry, the man having lived in very good reputation among his neighbours : so that after that day the city of London was never well affected to the popish clergy, but inclined to follow any body who spoke against them, and every one looked on it as a cause of com- 24 BURNET'S REFORMATION. mon concern. All exclaimed against the cruelty of their clergy, that for a man's suing a clerk according to law, he should be long and hardly used in a severe imprisonment, and at last cruelly murdered ; and all this laid on himself to defame him, and ruin his family. And then to burn that body which they had so han- dled, was thought such a complication of cruelties, as 'few barbarians had ever been guilty of. The Bishop rinding that the inquest went on, and the whole matter was discovered, used all possible endeavours to stop their proceedings ; and they were often brought be- fore the King's council, where it was pretended that all proceeded from malice and heresy. The Cardinal laboured to procure an order to forbid their going any further, but the thing was both so foul and so evident that it could not be done : and that opposition made it more generally believed. In the parliament there was a bill sent up to the Lords by the Commons for restoring Hurine's children, which was passed, and had the royal assent to it; but another bill being brought in about this murder, it occasioned great heats among them. The Bishop of London said that Hunne had hanged himself, that the inquest were false perjured caitiffs, and if they proceeded further, he could not keep his house for heretics ; so that the bill which was sent up by the Commons was but once April 3. read in the House of Lords, for the power of the clergy was great there. But the trial went on, and both the Bishop's Chancellor and the Sumner were indicted as principals in the murder. The convocation that was then sitting, finding so great a stir made, and that all their liberties were now struck at, resolved to call Dr. Standish to an account for what he had said and argued in the matter ; so he being summoned before them, some articles were objected to him by word of mouth, concerning the judging of clerks in civil courts ; and the day fol- lowing, they being put in writing, the bill was deli- vered to him, and a day assigned for him to make answer. The Doctor perceiving their intention, and judging it would go hard with him, if he were tried PART I. BOOK I. 25 before them, went and claimed the King's protection, from this trouble that he was now brought in, for o * discharging his duty as the King's spiritual counsel. But the clergy made their excuse to the King, that they were not to question him for any thing he had said as the King's counsel ; but for some lectures he read at St. Paul's and elsewhere, contrary to the law of God and liberties of the holy church, which they were bound to maintain ; and desired the King's assistance, according to his coronation oath, and as he would not incur the censures of the holy church. On the other hand, the temporal lords and judges, with the concurrence of the House of Commons, addressed the King to maintain his coronation oath, and to protect Standish from the malice of his enemies. This put the King in great perplexity, for he had no mind to lose any part of his temporal jurisdiction, and on the other hand was no less apprehensive of the dangerous effects that might follow on a breach with the clergy. So he called for Dr. Veysey, then dean of his chapel, and afterwards bishop of Exeter, and charged him upon his allegiance to declare the truth to him in that matter : which after some study he did, and said, upon his faith, conscience, and al- legiance, he did think that the convening of clerks before the secular judge, which had been always prac- tised in England, might well consist with the law of God and the true liberties of the holy church. This gave the King great satisfaction ; so he commanded all the judges, and his council both spiritual and tem- poral, and some of both Houses, to meet at Black- friars, and to hear the matter argued. The bill against Dr. Standish was read, which consisted of six articles that were objected to him. " First, that he had said that the lower orders were not sacred. Secondly, that the exemption of clerks was not founded on a divine right. Thirdly, that the laity might coerce clerks when the prelates did not their duty. Fourthly, that no positive ecclesiastical law binds any but those who receive it. Fifthly, that the study of the canon law was needless. Sixthly, that of the whole volume 26 BURNET'S REFORMATION. of the Decretum, so much as a man could hold in his fist, and no more, did oblige Christians." To these Dr. Standish answered, That for those things ex- pressed in the third, the fifth, and the sixth articles, he had never taught them ; as for his asserting them at any time in discourse, as he did not remember it, so he did not much care, whether he had done it or not. To the first, he said, lesser orders in one sense are sacred, and in another they are not sacred. For the second and fourth, he confessed he had taught them, and was ready to justify them. It was objected by the clergy, that as, by the law of God, no man could judge his father, it being contrary to that com- mandment, " Honour thy father :" so churchmen being spiritual fathers, they could not be judged by the laity, who were their children. To which he an- swered, That as that only concluded in favour of priests, those inferior orders not being fathers ; so it was a mistake to say a judge might not sit upon his natural father, for the judge was by another relation above his natural father : and though the command- ment is conceived in general words, yet there are some exceptions to be admitted ; as though it be said, " Thou shalt not kill," yet in some cases we may law- fully kill ; so in the case of justice a judge may law- fully sit on his father. But Dr. Veysey's argument was that which took most with all that were present. He said, it was cer- tain that the laws of the church did not bind any but those who received them. To prove this, he said, that in old times all secular priests were married ; but in the days of St. Augustine, the apostle of England, there was a decree made to the contrary, which was received in England, and in many other places, by virtue whereof the secular priests in England may not marry; but this law not being universally received, the Greek church never judged themselves bound by it, so that to this day the priests in that church have wives as well as other secular men. If then the churches of the east, not having received the law of the celibate of the clergy, have never been con- PART I. BOOK I. 27 demned by the church for not obeying it ; then the convening clerks having been always practised in England, was no sin, notwithstanding the decree to the contrary, which was never received here. Nor is this to be compared to those privileges that concern only a private man's interest, for the commonwealth of the whole realm was chiefly to be looked at, and to be preferred to all other things. When the matter was thus argued on both sides, all the judges delivered their opinions, in these words : " That all those of the convocation who did award the citation against Standish, were in the case of a prcc- miuiire facias ;" and added somewhat about the con- stitution of the parliament, which being foreign to my business, and contrary to a received opinion, I need not mention, but refer the reader to Keilway for his information, if he desires to know more of it : and thus the court broke up. But soon after, all the lords, spiritual and temporal, with many of the House of Commons, and all the judges and the King's council, were called before the King to Baynard's Castle ; and in all their presence the Cardinal kneeled down before the King, and in the name of the clergy said, " That none of them intended to do any thing that might derogate from his prerogative, and least of all himself, who owed his advancement only to the King's favour. But this matter of convening of clerks, did seem to them all to be contrary to the laws of God and the liberties of the church, which they were bound by their oaths to maintain according to their power :" there- fore in their name he humbly begged, " That the King, to avoid the censures of the church, would refer the matter to the decision of the Pope and his council, at the court of Rome." To which the King answered, O ' " It seems to us, that Dr. Standish, and others of our spiritual council, have answered you fully in all points." The Bishop of Winchester replied, " Sir, I warrant you Dr. Standish will not abide by his opi- nion at his peril." But the Doctor said, " What should one poor friar do alone, against all the bishops and clergy of England ?" After a short silence the Arch- 28 BURNET'S REFORMATION. bishop of Canterbury said, " That in former times divers holy fathers of the church had opposed the execution of that law, and some of them suffered mar- tyrdom in the quarrel." To whom Fineux, Lord Chief Justice, said, " That many holy kings had maintained that law, and many holy fathers had given obedience to it, which it is not to be presumed they would have done, had they known it to be contrary to the law of God ;" and he desired to know, by what law bishops could judge clerks for felony, it being a thing only determined by the temporal law ; so that either it was not at all to be tried, or it was only in the temporal court ; so that either clerks must do as they please, or be tried in the civil courts. To this no answer being made, the King said these words : " By the permission and ordinance of God we are king of England, and the kings of England in times past never had any superior, but God only. There- fore know you well that we will maintain the right of our crown, and of our temporal jurisdiction, as well in this, as in all other points, in as ample manner as any of our progenitors have done before our time. And as for your decrees, we are well assured that you of the spirituality go expressly against the words of divers of them, as hath been shewed you by some of our council ; and you interpret your decrees at your pleasure, but we will not agree to them more than our progenitors have done in former times." But the Archbishop of Canterbury made most humble in- stance, that the matter might be so long respited, till they could get a resolution from the court of Rome, which they should procure at their own charges ; and if it did consist with the law of God, they should conform themselves to the law of the land. To this the King made no answer : but the warrants being out against Dr. Horsey, the Bishop of London's chan- cellor, he did abscond in the Archbishop's house ; though it was pretended he was a prisoner there, till afterwards a temper was found, that Horsey should render himself a prisoner in the King's Bench and be tried, But the Bishop of London made earnest appli- BOOK I. PART I. 29 cation to the Cardinal that he would move the King to command the Attorney General to confess the in dictment was not true, that it might not be referred to a jury ; since he said the citizens of London did so favour heresy, that if he were as innocent as Abel, they would find any clerk guilty. The King, not will- ing to irritate the clergy too much, and judging he had maintained his prerogative by bringing Horsey to the bar, ordered the Attorney to do so. And accord- ingly, when Horsey was brought to the bar, and indicted of murder, he pleaded Not Guilty ; which the Attorney acknowledging, he was dismissed, and went and lived at Exeter, and never again came back to London, either out of fear or shame. And for Dr. Standish, upon the King's command, he was also dis- missed out of the court of convocation. It does not appear that the Pope thought fit to in- terpose in this matter. For though upon less provo- cations, popes had proceeded to the highest censures against princes, yet this King was otherwise so neces- sary to the Pope at this time, that he was not to be offended. The clergy suffered much in this business, besides the loss of their reputation with the people, who involved them all in the guilt of Hunne's mur- der ; for now their exemption being well examined, was found to have no foundation at all but in their own decrees ; and few were much convinced by that authority, since upon the matter it was but a judgment of their own, in their own favours : nor was the city of London at all satisfied with the proceedings in the King's Bench, since there was no justice done ; and all thought the King seemed more careful to maintain his prerogative than to do justice. This I have related the more fully, because it seems to have had great influence on people's minds, and to have disposed them much to the changes that followed afterwards. How these things were entered in the books of convocation, cannot be now known. For among the other sad losses sustained in the late burn- ing of London, this was one, that almost all the regis- ters of the spiritual courts were burnt, some few of the 30 BURNET'S REFORMATION. archbishops of Canterbury and bishops of London's registers being only preserved. But having com- pared Fox's account of this and some other matters, and finding it exactly according to the registers that are preserved, I shall the more confidently build on what he published from those records that are now lost. The King fhis was the only thing in the first eighteen years L'popes of the King's reign that seemed to lessen the great- and hl Ji ness of the clergy, but in all other matters he was a much J most faithful son of the see of Rome. Pope Julius, courted At' 1 i by them, soon after his coming to the crown, sent him a golden collect, rose, with a letter to Archbishop Warham to deliver Nmb. 2. j t . ^^ though such presents might seem fitter for young children than for men of discretion, yet the King was much delighted with it ; and to shew his Treaty gratitude, there was a treaty concluded the year fol- s^iteg. lowing between the King and Ferdinand of Arragon, for the defence of the papacy against the French King. And when, in opposition to the council that the French King and some other princes and cardinals had called, first to Pisa (which was afterwards trans- lated to Milan), and then to Lyons, that summoned the Pope to appear before them, and suspended his April 19, authority, Pope Julius called another council to be 1512 ' held in the Lateran ; the King sent the Bishop of Worcester, the Prior of St. John's, and the Abbot of Winchelcomb, to sit in that council, in which there was such a representative of the Catholic church as had not been for several of the later ages in the west- ern church : in which a few bishops, packed out of several kingdoms, and many Italian bishops, with a vast number of abbots, priors, and other inferior dig- nified clergymen, were brought to confirm together whatever the popes had a mind to enact ; which pass- ing easily among them, was sent over the world with a stamp of sacred authority, as the decrees and deci- sions of the holy universal church assembled in a general council. Nor was there a worse understanding between this King and Pope Leo the Tenth, that succeeded Julius, BOOK I. PART I. 31 who did also compliment him with those papal pre- sents of roses, and at his desire made Wolsey a car- dinal ; and above all other things obliged him by con- ferring on him the title of Defender of the Faith (upon o. n, the presenting to the Pope his book against Luther), L.'iier- in a pompous letter, signed by the Pope, and twenty- "" seven cardinals, in which the King took great pleasure, affecting it always beyond all his other titles, though several of the former kings of England had carried the same title, as Spelman informs us. So easy a thing it was for popes to oblige princes in those days, when a title or a rose was thought a sufficient recom- pence for the greatest services. The Cardinal governing all temporal affairs as he did, it is not to be doubted but his authority was ab- solute in ecclesiastical matters, which seem naturally to lie within his province ; yet Warham made some opposition to him, and complained to the king of his encroaching too much in his legantine courts upon his jurisdiction ; and the things being clearly made out, the King chid the Cardinal sharply for it, who, ever after that, hated Warham in his heart, yet he proceeded more warily for the future. But the Cardinal drew the hatred of the clergy A lM(or upon himself, chiefly by a bull which he obtained the cier gy , from Rome, giving him authority to visit all monas- \ 5 ^ e> teries, and all the clergy of England, and to dispense ^f"^ with all the laws of the church for one whole year article eg. after the date of the bull. The power that was lodged L B a C h- L O in him by this bull was not more invidious, than the ment - words in which it was conceived were offensive ; for the preamble of it was full of severe reflections against the manners and ignorance of the clergy, who were said in it to have been delivered over to a reprobate mind. This, as it was a public defaming them, so, how true soever it might be, all thought it did not become the Cardinal, whose vices were notorious and scandalous, to tax others, whose faults were neither so great nor so eminent as his were. The Ca nh- He did also affect a magnificence and greatness, p^,'"^*' not only in his habit (being the first clergyman in vir g a. 32 BURNET'S REFORMATION. England that wore silks), but in his family, his train, and other pieces of state, equal to that of kings. And even in performing divine offices, and saying mass, he did it with the same ceremonies that the popes use ; who judge themselves so nearly related to God, that those humble acts of adoration, which are devo- tions in other persons, would abase them too much. He had not only bishops and abbots to serve him, but even dukes and earls to give him the water and the towel. He had certainly a vast mind ; and he saw the corruptions of the clergy gave so great scan- dal, and their ignorance was so profound, that unless some effectual ways were taken for correcting these, they must needs fall into great disesteem with the people ; for though he took great liberties himself, and, perhaps, according to the maxim of the canonists, he judged cardinals, as princes of the church, were not comprehended within ordinary ecclesiastical laws; lie designs yet he seemed to have designed the reformation of lion 6 . '*" the inferior clergy by all the means he could think of, except the giving them a good example : there- fore he intended to visit all the monasteries of Eng- land, that so discovering their corruptions, he might Ami a sup. the better justify the design he had to suppress most of them, and convert them into bishoprics, cathedrals, collegiate churches, and colleges ; for which end he procured the bull from Rome ; but he was diverted from making any use of it, by some who advised him rather to suppress monasteries by the Pope's autho- rity, than proceed in a method which would raise great hatred against himself, cast foul aspersions on religious orders, and give the enemies of the church great advantages against it. Yet he had communi- cated his design to the King, and his secretary Crom- well understanding it, was thereby instructed how to proceed afterwards, when they went about the total suppression of the monasteries. The caiimg The summoning of convocations he assumed by cations? virtue of his legantine power. Of these there were two sorts : the first was called by the King ; for with the writs for a parliament, there went out always a pressi monaste rie.s. BOOK I. PART I. 33 summons to the two Archbishops, for calling a con- vocation of their provinces, the style of which will be found in the Collection. It differs in nothing collect, from what is now in use, but that the King did not prefix the day : requiring them only to be summoned to meet with all convenient speed ; and the Arch- bishops, having the King's pleasure signified to them, did in their writs prefix the day. Other convocations were called by the Archbishops in their several pro- vinces, upon great emergencies, to meet and treat of things relating to the church, and were provincial councils. Of this I find but one, and that called by Collect - Warham in the first year of this King, for restoring the ecclesiastical immunities that had been very much impaired, as will appear by the writ of summons. But the Cardinal did now, as legate, issue out writs for convocations. In the year 1522, I find, by the Reg.-ronst. register, there was a writ issued from the King to Warham to call one, who, upon that, summoned it to meet at St. Paul's, the 20th of April. But the Cardinal prevailed so far with the King, that, on the 2d of May after, he, by his legantine authority, dis- solved that convocation; and issued out a writ to Tonstall, bishop of London, to bring the clergy of Canterbury to St. Peter's in Westminster, there to meet and reform abuses in the church, and consider of other important matters that should be proposed to them. What they did towards reformation I know not, the records being lost ; but as to the King's sup- ply, it was proposed, that they should give the King the half of the full value of their livings for one year, to be paid in five years. The Cardinal laid out to them how much the King had merited from the church, both by suppressing the schism that was like to have been in the papacy in Pope Julius's time, and by protecting the See of Rome from the French tyranny ; but most of all, for that excellent book written by him in defence of the faith against the heretics : and that, therefore, since the French King was making war upon him, and had sent over the Duke of Albany to Scotland to make war also on that VOL. I. D 34 BURNET'S REFORMATION. side, it was fit that on so great an occasion it should appear that his clergy were sensible of their hap- piness in having such a king ; which they ought to express in granting somewhat, that was as much beyond all former precedents, as the King had me- rited more from them than all former kings had ever done. But the Bishops of Winchester and Rochester op- posed this ; for they both hated the Cardinal. The one thought him ungrateful to him who had raised him ; the other, being a man of a strict life, hated him for his vices. Both these spake against it as an un- heard-of tax, which would so oppress the clergy, that it would not be possible for them to live and pay it ; and that this would become a precedent for after- times, which would make the condition of the clergy most miserable. But the Cardinal, who intended that the convocation, by a great subsidy, should lead the way to the parliament, took much pains for carrying it through ; and got some to be absent, and others were prevailed on to consent to it : and, for the fear of its being made a precedent, a clause was put in the act, That it should be no precedent for after-times. Others laughed at this, and said, it would be a pre- cedent for all that, if once passed. But in the end it con**, was granted, with a most glorious preamble ; and by Numb. 5. j t a u t h e na ti ves O f England that had any ecclesias- tical benefice were to pay the full half 'of the true value of their livings in five years ; and all foreigners who were beneficed in England, were to pay a whole year's rent in the same time ; out of which number were excepted the Bishops of Worcester and Llandaff, Polydore Virgil, Peter the Carmelite, Erasmus of Rotterdam, Silvester Darius, and Peter Vannes, who were to pay only as natives did. This increased the hatred that the clergy bore the Cardinal. But he despised them, and in particular was a great enemy to the monks, and looked on them as idle mouths that did neither the church nor state any service, but were, through their scandalous lives, a reproach to the church, and a burden to the state. Therefore he re- PART I. BOOK I. 35 solved to suppress a great number of them, and to change them to another institution. From the days of King Edgar, the state of monkery { had been still growing in England. For most of the the mo secular clergy being then married, and refusing to nastenes put away their wives, were, by Dunstan archbishop of Canterbury, and Ethel wald bishop of Winchester, and Oswald bishop of Worcester, who were all monks, turned out of their livings. There is in the rolls an not. Pat. inspeximus of King Edgar's, erecting the priory and "nx! 6 "' convent of Worcester, which bears date anno 964, Part - * Edgari 6 to . on St. Innocent's day, signed by the King, the Queen, two archbishops, five bishops, six abbots (but neither bishopric nor abbey are named), six dukes, and five knights. It bears, that the King, with the counsel and consent of his princes and gen- try, did confirm and establish that priory ; and that he had erected forty-seven monasteries, which he in- tended to increase to fifty, the number of jubilee; and that the former incumbents should be for ever ex- cluded from all pretensions to their benefices, because they had rather chosen, with the danger of their order, and the prejudice of the ecclesiastical benefice, to ad- here to their wives, than to serve God chastely and canonically. The monks being thus settled in most cathedrals of England, gave themselves up to idleness and pleasure, which had been long complained of; but now that learning began to be restored, they, being every where possessed of the best church-benefices, were looked upon by all learned men with an evil eye, as having in their hands the chief encouragements of learning, and yet doing nothing towards it ; they, on the con- trary, decrying and disparaging it all they could, say- ing, It would bring in heresy, and a great deal of mischief. And the restorers of learning, such as Erasmus, Vives, and others, did not spare them, but did expose their ignorance and ill manners to the world. Now the King naturally loved learning, and there- fore the Cardinal, either to do a thing which he knew would be acceptable to the King, or that it was also D 2 3G BURNET'S REFORMATION. agreeable to his own inclinations, resolved to set up The car- some colleges, in which there should be both great coifeges. encouragements for eminent scholars to prosecute their studies, and good schools for teaching and train- ing up of youth. This he knew would be a great honour to him, to be looked upon as a patron of learn- ing ; and, therefore, he set his heart much on it, to have two colleges (the one at Oxford, the other at Ipswich, the place of his birth) well constituted and nobly endowed. But towards this, it was necessary to suppress some monasteries, which was thought every whit as justifiable and lawful, as it had been many ages before to change secular prebends into canons regular ; the endowed goods being still ap- plied to a religious use. And it was thought hard to say, That if the Pope had the absolute power of dis- pensing the spiritual treasure of the church, and to translate the merits of one man and apply them to another ; that he had not a much more absolute power over the temporal treasure of the church, to translate church-lands from one use, and apply them to another. And, indeed, the Cardinal was then so much con- sidered at Rome, as a pope of another world, that whatever he desired he easily obtained. Therefore, on the 3d of April, 1524, Pope Clement, by a bull, gave him authority to suppress the monastery of St. Frideswide, in Oxford, and in the diocess of Lincoln, and to carry the monks elsewhere, with a very full The bun non obstante. To this the King gave his assent the asslT 1 19th of April following. After this there followed manv other bulls for other religious houses and recto- ries that were impropriated. These houses being thus suppressed by the law, they belonged to the King ; who thereupon made them over to the Cardinal by new and special grants, which are all enrolled. And so he went on with these great foundations, and brought them to perfection ; that at Oxford in the eighteenth year, and that at Ipswich in the twentieth year of the King's reign, as appears by the dates of the King's patents for founding them. In the last place, I come to shew the new opinions PART I. BOOK I. 37 in religion, or those that were accounted new then in England ; and the state and progress of them till the nineteenth year of the King's reign. From the days of WicklirTe, there were many that The fit disliked most of the received doctrines, in several parts S^r- 8 of the nation. The clergy were at that time very hate- jj^ ful to the people ; for as the Pope did exact heavily on them, so they, being oppressed, took all means possible to make the people repay what the popes wrested from them. Wickliffe being much encou- raged and supported by the Duke of Lancaster and the Lord Piercy, the bishops could not proceed against him till the Duke of Lancaster was put from the King, and then he was condemned at Oxford. Many opi- nions are charged upon him, but whether he held them or not, we know not, but by the testimonies of his enemies, who write of him with so much passion, that it discredits all they say ; yet he died in peace, though his body was afterwards burnt. He translated the Bible out of Latin into English, with a long pre- face before it, in which he reflected severely on the corruptions of the clergy, and condemned the wor- shipping of saints and images, and denied the cor- poral presence of Christ's body in the sacrament, and exhorted all people to the study of the Scriptures. His Bible, with this preface, was well received by a great many, who were led into these opinions, rather by the impressions which common sense and plain reason made on them, than by any deep speculation or study. For the followers of this doctrine were illi- terate and ignorant men : some few clerks joined to them, but they formed not themselves into any body or association ; and were scattered over the kingdom, holding these opinions in private without making any public profession of them : generally they were known by their disparaging the superstitious clergy, whose corruptions were then so notorious, and their cruelty so enraged, that no wonder the people were deeply prejudiced against them. Nor were the methods they used likely to prevail much upon them, being severe " and cruel. 38 BURNET'S REFORMATION. The cm- In the primitive church, though in their councils ^""hurch they were not backward to pass anathematisms on of Rome. ev ery thing that they judged heresy, yet all capital proceedings against heretics were condemned ; and when two bishops did prosecute Priscillian and his followers before the Emperor Maximus, upon which they were put to death, they were generally so blamed for it, that many refused to hold communion with them. The Roman emperors made many laws against heretics, for the fining and banishing of them, and secluded them from the privileges of other subjects ; such as making wills, or receiving legacies ; only the Manichees (who were a strange mixture between heathenism and Christianity) were to suffer death for their errors. Yet the bishops in those days, particu- larly in Afric, doubted much, whether, upon the in- solencies of heretics or schismatics, they might desire the Emperor to execute those laws for fining, banish- ing, and other restraints. And St. Austin was not easily prevailed on to consent to it. But at length the Donatists were so intolerable, that after several consultations about it, they were forced to consent to those inferior penalties, but still condemned the taking away of their lives, And even in the execution of the imperial laws in those inferior punishments, they were always interposing, to moderate the severity of the prefects and governors. The first instance of severity on men's bodies, that was not censured by the church, was in the fifth century, under Justin the First, who ordered the tongue of Severus (who had been patri- arch of Antioch, but did daily anathematize the coun- cil of Chalcedon) to be cut out. In the eighth cen- tury, Justinian the Second (called Rhinotmetus from his cropped nose) burnt all the Manichees in Arme- nia : and in the end of the eleventh century, the Bogomili were condemned to be burnt by the Patri- arch and council of Constantinople. But in the end of the twelfth, and in the beginning of the thirteenth century, a company of simple and innocent persons in the southern parts of France, being disgusted with the corruptions, both of the popish clergy and of the PART I. BOOK I. . 39 public worship, separated from their assemblies ; and then Dominick and his brethren-preachers, who came among them to convince them, finding their preach- ing did not prevail, betook themselves to that way that was sure to silence them. They persuaded the civil magistrates to burn all such as were judged ob- stinate heretics. That they might do this by a law, the fourth council of Lateran did decree, that all heretics should be delivered to the secular power to be extirpated (they thought -fit not to speak out, but by the practice it was known that burning was that which they meant) ; and if they did it not, they were to be excommunicated ; and after that, if they still refused to do their duty (which was upon the matter to be the inquisitor's hangman), they were to deny it at their utmost perils. For not only the ecclesiastical censures, but anathemas were thought too feeble a punishment for this omission. Therefore a censure was found out, as severe upon the prince, as burning was to the poor heretic : He was to be deposed by the Pope, his subjects to be absolved from their oaths of allegiance, and his dominions to be given away, to any other fathful son of the church, such as pleased the Pope best ; and all this by the authority of a synod, that passed for a holy general council. This, as it was fatal to the Counts of Thoulouse, who were great princes in the south of France, and first fell under the censures; so it was terrible to all other princes, who thereupon, to save themselves, delivered up their subjects to the mercy of the ecclesiastical courts. Burning was the death they made choice of, be- cause witches, wizards, and sodomites had been so N. B re executed. Therefore, to make heresy appear a ter- vium - rible thing, this was thought the most proper punish- ment of it. It had also a resemblance of everlasting burning, to which they adjudged their souls, as well as their bodies were condemned to the fire ; but with this signal difference, that they could find no such effectual way to oblige God to execute their sentence, as they contrived against the civil magistrate. But, 40 / BURNET'S REFORMATION. however, they confidently gave it out, that by virtue of that promise of our Saviour's, " Whose sins ye bind on earth, they are bound in heaven," their decrees were ratified in heaven. And it not being easy to disprove what they said, people believed the one, as they saw the other sentence executed. So that, what- ever they condemned as heresy, was looked on as the worst thing in the world. There was no occasion for the execution of this law in England till the days of Wickliffe. And the favour he had from some great men stopped the pro- rh e laws ceedings against him. But in the fifth year of King aga^ 1 *** Richard the Second, a bill passed in the House of heretics. L or ds, and was assented to by the King, and pub- lished for an act of parliament, though the bill was never sent to the House of Commons. By this pre- tended law it appears, WicklhTe's followers were then very numerous ; that they had a certain habit, and did preach in many places, both in churches, church- yards, and markets, without license from the ordinary; and did preach several doctrines, both against the faith and the laws of the land, as had been proved be- fore the Archbishop of Canterbury, the other bishops, prelates, doctors of divinity, and of the civil and ca- non law, and others of the clergy : that they would not submit to the admonitions nor censures of the church ; but by their subtle ingenious words did draw the people to follow them and defend them by strong hand, and in great routs. Therefore it was ordained, that, upon the Bishop's certifying into the chancery the names of such preachers and their abettors, the Chancellor should issue forth commissions to the sheriffs and other the King's ministers, to hold them in arrest and strong prison, till they should justify them according to the law and reason of holy church. From the gentleness of which law it may appear, that England was not then so tame as to bear the severity of those cruel laws which were settled and put in i^tit'utes execut ion in other kingdoms. 3. part. The custom at that time was to engross copies of all of heresy, the acts of parliament, and to send them with a writ, PART I. BOOK I. 41 under the great seal, to the sheriffs, to make them be proclaimed within their jurisdictions. And Robert Braibrook, bishop of London, then lord chancellor, sent this with the other acts of that parliament, to be proclaimed. The writ bears date the 26th of May, 5 to Reg. But in the next parliament, that was held in the sixth year of that King's reign, the Commons etc Rich, preferred a bill reciting the former act, and constantly NO.^RO affirmed that they had never assented to it, and there- Parl - fore desired it might be declared to be void ; for they protested it was never their intent to be justified, and to bind themselves and their successors to the prelates, more than their ancestors had done in times past. To which the King gave the royal assent, as it is in the records of parliament. But in the proclamation of the acts of that parliament this act was suppressed ; so that the former act was still looked on as a good law, and is printed in the book of statutes. Such pious frauds were always practised by the popish clergy, and were indeed necessary for the supporting the credit of that church. When Richard the Second was deposed, and the crown usurped by Henry the Fourth, then he, in gratitude to the clergy that assisted him in his coming to the crown, granted them a law to their hearts' con- Another tent in the second year of his reign. The preamble K^ g H. bears, " That some had a new faith about the sacra- ry 1V - ments of the church, and the authority of the same, and did preach without authority, gathered conven- ticles, taught schools, wrote books against the catholic faith ; with many other heinous aggravations. Upon which the prelates and clergy, and the commons of the realm, prayed the King to provide a sufficient remedy to so great an evil. Therefore the King, by the assent of the states, and other discreet men of the realm, being in the said parliament, did ordain, That none should preach without license, except persons privi- leged ; that none should preach any doctrine contrary to the catholic faith, or the determination of the holy church, and that none should favour and abet them, nor keep their books, but deliver them to the diocesan of the place within forty days after the proclamation 42 BURNET'S REFORMATION. of that statute. And that if any persons were defamed, or suspected of doing against that ordinance, then the ordinary might arrest them, and keep them in his prison, till they were canonically purged of the articles laid against them, or did abjure them according to the laws of the church. Provided always, that the proceedings against them were publicly and judicial- ly done and ended, within three months after they had been so arrested ; and if they were convict, the dio- cesan, or his commissaries, might keep them in prison as long as to his discretion shall seem expedient, and might fine them as should seem competent to him, certifying the fine into the King's exchequer ; and if any being convict did refuse to abjure, or after abju- ration did fall into a relapse, then he was to be left to- the secular court, according to the holy canons. And the mayors, sheriffs, or bailiffs, were to be personally present at the passing the sentence, when they should be required by the diocesan, or his commissaries, and after the sentence they were to receive them, and then before the people in a high place to be brent." By this statute, the sheriffs, or other officers, were im- mediately to proceed to the burning of heretics with- out any writ or warrant from the King. But it seems the King's learned council advised him to issue out a writ, De hceretico comburendo, upon what grounds of law I cannot tell. For in the same year when William Sautre (who was the first that was put to death upon the account of heresy) was judged relapse Fitz-uer. by Thomas Arundel, archbishop of Canterbury, in a mra Bref convocation of his province, and thereupon was de- viurn. graded from priesthood, and left to secular power; a writ was issued out to burn him, which in the writ is called "the customary punishment," (relating it is like to the customs that were beyond sea.) But this writ was n'ot necessary by the law, and therefore it seems these writs were not enrolled. For in the whole reign of King Henry the Eighth, I have not been able to find any of these writs in the rolls. But by Warham's register I see the common course of the law was, to certify into the chancery the conviction of a heretic, PART I. BOOK I. 43 upon which the writ was issued out, if the King did not send a pardon. Thus it went on all the reign of Henry the Fourth, but in the beginning of his son's reign, there was a conspiracy (as was pretended) by Sir John Oldcastle, and some others, against the King and the clergy ; upon which many were put into prison, and twenty-nine were both attainted of treason, and condemned of heresy, so they were both hanged and burnt. But, as a writer that lived in the following age, says, " Certain affirmed that these were but feign- ed causes, surmised of the spirituality more of dis- pleasure than truth." That conspiracy, whether real or pretended, produced a severe act against those he- retics, who were then best known by the name of Lol- lards. By which act, all officers of state, judges, jus- tices of the peace, mayors, sheriffs, and bailiffs, were to be sworn, when they took their employments, to use their whole power and diligence to destroy all heresies and errors, called Lollardies, and to assist the ordinaries and their commissaries in their proceedings against them ; and that the Lollards should forfeit all the lands they held in fee simple, and their goods and chattels to the King. The clergy, according to the genius of that religion, having their authority fortified with such severe laws, were now more cruel and insolent than ever. And if any man denied them any part of that respect, or of those advantages, to which they pretended, he was presently brought under the suspicion of heresy, and vexed with imprisonments, and articles were brought against him. Upon which great complaints followed. And the judges, to correct this, granted habeas corpus upon their imprisonments, and examined the warrants, and either bailed or discharged the prisoners as they saw cause : for though the decrees of the church had made many things heresy, so that the clergy had much mat- ter to work upon; yet when offenders against them in other things could not be charged with any formal he- resy, then by consequences they studied to fasten it on them, but were sometimes overruled by the judges. 44 BURNET'S REFORMATION. Thus, when one Keyser (who was excommunicated by Fifth Thomas Bourchier, archbishop of Canterbury, at the Edw'.V suit of another) said openly, that " That sentence was not to be feared ;" for though the Archbishop, or his commissary, had excommunicated him, " yet he was not excommunicated before God ;" he was upon this committed by the Archbishop's warrant, as one justly suspected of heresy : but the judges, upon his moving for an habeas corpus, granted it ; and the prisoner being brought to the bar, with the warrant for his imprisonment, they found the matter contained in it was not within the statute, and first bailed him, and after that they discharged him. One Warner of Lon- don, having said, " That he was not bound to pay tithes to his curate," was also imprisoned by Edward Vaughan, at the command of the Bishop of London ; but he escaped out of prison, and brought his action of false imprisonment against Vaughan. Whereupon Vaughan pleading the statute of Henry the Fourth, and that his opinion was a heresy against the determi- nation of the catholic faith ; the court of the Common Pleas judged, That the words were not within the sta- tute, and that his opinion was an error, but no heresy. So that the judges, looking on themselves as the inter- preters of the law, thought, that even in the case of he- resy, they had authority to declare, what was heresy by the law, and what not : but what opposition the clergy made to this, I do not know. I hope the reader will easily excuse this digression, it being so material to the history that is to follow. I shall next set down what I find in the records about the proceedings against heretics in the beginning of this reign. *oct*dTn* s ^ n ^ e ^ f May, in the year 1511, six men and against m s four women, most of them being of Tenterden, ap- R^sT' peared before Archbishop Warham, in his manor of fb^S* 1 ' Knoll, and abjured the following errors. First, that in the sacrament of the altar is not the body of Christ, but material bread. Secondly, that the sacraments of baptism and confirmation are not necessary nor pro- fitable for men's souls. Thirdly, that confessions of BOOK I. PART I. 45 sins ought not to be made to a priest. Fourthly, that there is no more power given by God to a priest than to a layman. Fifthly, that the solemnization of ma- trimony is not profitable nor necessary for the well of man's soul. Sixthly, that the sacrament of extreme unction is not profitable nor necessary for man's soul. Seventhly, that pilgrimage to holy and devout places be not profitable, neither meritorious for man's soul. Eighthly, that images of saints be not to be worshipped. Ninthly, that a man should pray to no saint, but only to God. Tenthly, that holy water and holy bread be not the better after the benediction made by the priest, than before. And as they abjured these opinions, so they were made to swear, that they should discover all whom they knew to hold these errors, or who were suspected of them, or that did keep any private con- venticles, or were fautors or comforters of them that published such doctrines. Two other men of Tenter- den did that day in the afternoon abjure most of these opinions. The court sat again the 5th of May, and the Archbishop enjoined them penance, to wear the badge of a fagot in flames on their clothes during their lives, or till they were dispensed with for it ; and that in procession, both at the cathedral of Canterbury, and at their own parish churches, they should carry a fagot on their shoulders, which was looked on as a public confession that they deserved burning. That same day another of Tenterden abjured the same doctrines. On the 15th of May the court sat at Lambeth, where four men and one woman abjured. On the 19th, four men more abjured. On the 3d of June, a man and a woman abjured. Another woman, the 26th of July ; another man, the 29th of July ; two women on the 2d of August ; a man on the 3d, and a woman on the 8th of August ; three men on the 16th of August ; and three men and a woman on the 3d of September. In these abjurations some were put to abjure more, some fewer of the former doctrines ; and in some of their abjurations two articles more were added : First, that the images of the crucifix, of our Lady and other saints, ought not to be worship- 46 BURNET'S REFORMATION. ped, because they were made with men's hands, and were but stocks and stones. Secondly, that money and labour spent in pilgrimages was all in vain. All these persons (whether they were unjustly accused, or were overcome with fear, or had but crude conceptions of those opinions, and so were easily frighted out of them) abjured and performed the penance that was enjoined them. Others met with harder measure ; for on the 29th of April, in the same year, 1511, one William Carder, of Tenterden, being indicted on the former articles, he denied them all but one, that he had said it was enough to pray to Almighty God alone, and therefore we needed not to pray to saints for any mediation. Upon which witnesses were brought against him, who were all such as were then prisoners, but intended to abjure, and were now made use of to convict others. They swore that he had taught them these opinions. When their depositions were pub- lished, he said he did repent if he had said any thing against the faith and the sacraments ; but he did not remember that he had ever said any such thing. Sen- tence was given upon him as an obstinate heretic, and he was delivered up to the secular power. On the same day a woman, Agnes Grevill, was indicted upon the same articles : she pleaded Not guilty ; but, by a strange kind of proceeding, her husband and her two sons were brought in witnesses against her. Her husband desposed, that, in the end of the reign of King Edward the Fourth, one Johnlve had persuaded her into these opinions, in which she had persisted ever since : her sons also deposed, that she had been still infusing these doctrines into them. One Robert Harrison was also indicted, and pleaded Not guilty ; witnesses did prove the articles against him. And on the 2d of May sentence was given against these two as obstinate heretics. And the same day the Archbishop signed the writs for certifying these sen- tences into the chancery, which conclude in these words : "Our holy mother the church, having nothing farther that she can do in this matter, we leave the fore-mentioned heretics, and every one of them, to BOOK I. PART I. 47 your Royal Highness, and to your secular council." And on the 8th of May, John Brown and Edward Walker, being also indicted of heresy on the former points, they both pleaded Not guilty. But the wit- nesses deposing against them, they were judged ob- stinate heretics, and the former a relapse, for he had abjured before Cardinal Morton. And on the 19th of May sentence was given. When or how the sen- tences were executed, I cannot find. Sure I am, there are no pardons upon record for any of them ; and it was the course of the law, either to send a pardon, or to issue out the writ for burning them. Fox mentions none of these proceedings ; only he tells that John Brown was taken for some words said in discourse with a priest, about the saying of masses for redeeming souls out of purgatory. Upon which he was committed for suspicion of heresy : but Fox seems to have been misinformed about the time of his burning, which he says was anno 1517; for they, would not have kept a condemned heretic six years out of the fire. I never find them guilty of any such clemency. These severe sentences made the rest so apprehensive of their danger, that all the others who were indicted abjured. And in the year 1512, on the 5th of June, two men and two women abjured that article, That in the sacrament of the altar there was only material bread, and not the body of Christ. And on the 4th and 13th of September, two other women abjured the former articles : and this is all that is in Warham's register about heretics. In what remains of Fitz-James, bishop of London's Fitz.jame S . register, there are but three abjurations. In the year L^ILf 1509, one Elizabeth Sampson, of Aldermanbury, was ^'J^ indicted for having spoke reproachfully of the images a g ain . st of our Lady of Wilsden, Crom, and Walsingham, M.. condemning pilgrimages to them, and saying, It was better to give alms at home to poor people, than to go on pilgrimages ; and that images were but stocks and stones ; and denying the virtue of the sacrament of the altar, when the priest was not in clean life, and saying, It was but bread, and that Christ could not 48 BURNET'S REFORMATION. be both in heaven and in earth ; and for denying Christ's ascension to heaven, and saying, That more should not go to heaven than were already in it. But she, to be free of further troubie, confessed herself guilty, and abjured all those opinions. It is generally observed, that in the proceedings against Lollards, the clergy always mixed some capital errors, which all Christians rejected, with those for which they ac- cused them ; and some particulars being proved, they gave it out that they were guilty of them all, to re- present them the more odious. And in this case the thing is plain : for this woman is charged for denying Christ's ascension ; and yet another of the articles was, That she said Christ's body could not be in the sacrament, because it could not be both in heaven and on earth. Which two opinions are inconsistent. In the year 1511, William Potier was indicted for saying, There were three Gods, and that he knew not for what Christ's passion, or baptism, availed ; and did abjure. Whether he had only spoke these things impiously, or whether he held them in opinion, is not clear. But certainly he was no Lollard. One Joan Baker was also made to abjure some words she had said, That images were but idols, and not to be wor- shipped ; and that they were set up by the priests out of covetousness, that they might grow rich by them ; and that pilgrimages were not to be made. More is not in that register : but Fox gives an account of six others, who were burnt in Fitz-James's time. On this I have been the longer, that it may appear what were the opinions of the Lollards at that time, before Luther had published any thing against the indul- gences. For these opinions did very much dispose people to receive the writings which came afterwards out of Germany. The pro- The first beginnings and progress of Luther's doc- cress of ^ Luther's trhies are so well known, that I need not tell how, me ' upon the publishing of indulgences in Germany, in so gross a manner, that for a little money any man might both preserve himself, and deliver his friends out of purgatory, many were offended at this mer- PART I. BOOK I. 49 chandise, against which Luther wrote. But it con- cerning the see of Rome in so main a point of their prerogative, which would also have cut off a great branch of their revenue, he was proceeded against with extreme severity : so small a spark as that col- lision made could never have raised so great a fire, if the world had not been strongly disposed to it, by the just prejudices they had conceived against the popish clergy, whose ignorance and lewd lives had laid them so open to contempt and hatred, that any one that would set himself against them, could not but be kindly looked on by the people. They had engrossed the greatest part both of the riches and power of Christendom, and lived at their ease, and in much wealth. And the corruptions of their worship and doctrine were such, that a very small proportion of common sense, with but an overly looking on the New Testament, discovered them. Nor had they any other varnish to colour them by, but the authority and traditions of the church. But when some stu- dious men began to read the ancient fathers and coun- cils (though there was then a great mixture of sophis- ticated stuff that went under the ancient names, and was joined to their true works, which critics have since discovered to be spurious), they found a vast difference between the first five ages of the Christian church, in which piety and learning prevailed, and the last ten ages, in which ignorance had buried all their former learning ; only a little misguided devo- tion was retained for six of these ages ; and in the last four, the restless ambition and usurpation of the popes was supported by the seeming holiness of the begging friars, and the false counterfeits of learning, which were among the canonists, schoolmen, and ca- suists. So that it was incredible to see, how men, notwithstanding all the opposition the princes every where made to the progress of these reputed new opi- nions, and the great advantages by which the church o f Rome both held and drew many into their inte- rests, were generally inclined to these doctrines. Those of the clergy who at first preached them, were VOL. i. E 50 BURNET'S REFORMATION. of the begging orders of friars, who having fewer en- gagements on them from their interests, were freer to discover and follow the truth. And the austere dis- cipline they had been trained under, did prepare them to encounter those difficulties that lay in their way. And the laity, that had long looked on their pastors with an evil eye, did receive these opinions very easily ; which did both discover the impostures with which the world had been abused, and shewed a plain and simple way to the kingdom of heaven, by putting the Scriptures into their hands, and such other in- structions about religion, as were sincere and ge- nuine. The clergy, who at first despised these new preachers, were at length much alarmed when they saw all people running after them, and receiving their doctrines. As these things did spread much in Germany, Swit- zerland, and the Netherlands, so their books came over into England, where there was much matter already prepared to be wrought on, not only by the prejudices they had conceived against the corrupt clergy, but by the opinions of the Lollards, which had been now in England since the days of Wick- liffe, for about one hundred and fifty years. Between which opinions, and the doctrines of the Reformers, there was great affinity ; and therefore, to give the better vent to the books that came out of Germany, many of them were translated into the English tongue, and were very much read and applauded. This quickened the proceedings against the Lollards, and the inquiry became so severe, that great numbers were brought into the toils of the bishops and their com- missaries. If a man had spoken but a light word against any of the constitutions of the church, he was seized on by the bishop's officers ; and if any taught their children the Lord's Prayer, the Ten Command- ments, and the Apostles' Creed, in the vulgar tongue, that was crime enough to bring them to the stake : as it did six men and a woman at Coventry, in the Fox - Passion week, 1519, being the 4th of April. Long- land, bishop of Lincoln, was very cruel to all that PART I. BOOK I. 51 were suspected of heresy in his diocess : several of them abjured, and some were burnt. But all that did not produce what they designed by it. The clergy did not correct their own faults ; and their cruelty was looked on as an evidence of guilt, and of a weak cause ; so that the method they took wrought only on people's fears, and made them more cautious and reserved, but did not at all remove the cause, nor work either on their reasons or affections. Upon all this, the King, to get himself a name, and The King to have a lasting interest with the clergy, thought it not ^|" t L,, enough to assist them with his authority, but would ther > 1521 needs turn their champion, and write against Luther* in defence of the seven sacraments. This book was magnified by the clergy as the most learned work that ever the sun saw ; and he was compared to King So- iomon, and to all the Christian emperors that had ever been : and it was the chief subject of flattery for many years, besides the glorious title of Defender of the Faith, which the Pope bestowed on him for it. And it must be acknowledged, that, considering the age, and that it was the work of a king, it did deserve some commendation. But Luther was not at all daunted at it, but rather valued himself upon it, that so great a King had entered the lists with him, and answered his book. And he replied, not without a large mix- ture of acrimony, for which he was generally blamed, as forgetting that great respect that is due to the per- sons of sovereign princes. But all would not do. These opinions still gained more footing, and William Tindal made a translation Oct. 23. of the New Testament in English, to which he added S/ "' some short glosses. This was printed in Antwerp, and fol - 45 - . T? 1 J *U 1 cor* A with whi sent over into hngland in the year 1526. Against that which there was a prohibition published by every e^ * No doubt this hook was wrote by the King, as other books were under his name ; that is, by his bishops, or other learned men. Sir Thomas More (who must have known the authors) gives this account of it: "That after it was finished by his Grace's appointment, and consent of the makers of the same, I was only a sorter out, and placer of the principal matters therein con- tained." So it seems others were makers, and Sir Thomas More only a sorter. By the style, it was guessed by some to be wrote by Erasmus. [Com- pare below, book iii. anno 1535. N.} E 2 :<-h 52 BURNET'S REFORMATION. bishop in his diocess, bearing that some of Luther's followers had erroneously translated the New Testa- ment, and had corrupted the word of God, both by a false translation, and by heretical glosses : therefore they required all incumbents to charge all within their parishes, that had any of these, to bring them into the Vicar-General within thirty days after that premoni- tion, under the pains of excommunication and incur- ring the suspicion of heresy. There were also many other books prohibited at that time, most of them written by Tindal. And Sir Thomas More, who was collect, a man celebrated for virtue and learning, undertook the answering of some of those ; but before he went about it, he would needs have the bishop's license for keeping and reading them. He wrote according to the way of the age, with much bitterness : and though he had been no friend to the monks, and a great de- claimer against the ignorance of the clergy, and had been ill used by the Cardinal ; yet he was one of the bitterest enemies of the new preachers ; not without great cruelty when became into power, though he was otherwise a very good-natured man. So violently did the Roman clergy hurry all their friends into those excesses of fire and sword. When the party became so considerable, that it was known there were societies of them, not only in Lon- don, but in both the universities, then the Cardinal was constrained to act. His contempt of the clergy was looked on as that which gave encouragement to the heretics. When reports were brought to court of a company that were in Cambridge, Biluey, Latimer, and others, that read and propagated Luther's book and opinions ; some bishops moved, in the year 1 523, that there might be a visitation appointed to go to Cambridge, for trying who were the fautors of heresy there. But he, as legate, did inhibit it (upon what grounds I cannot imagine), which was brought against him afterwards in parliament (Art. 43. of his impeachment). Yet when these doctrines were spread every where, he called a meeting of all the bishops, and divines, and canonists about London ; where PART I. BOOK I. 53 Thomas Bilney and Thomas Arthur were brought be- fore them, and articles were brought in against them. The whole process is set down at length by Fox, in all points according to Tonstall's Register, except one fault in the translation. When the Cardinal asked Bilney whether he had not taken an oath before, not to preach, or defend any of Luther's doctrines ; he confessed he had done it, but not judicially, (judici- aliter in the Register.) This Fox translates not law- fully. In all the other particulars there is an exact agreement between the Register and his Acts. The sum of the proceedings of the court was, that after ex- amination of witnesses, and several other steps in the process, which the Cardinal left to the Bishop of London, and the other bishops, to manage, Bilney stood out long, and seemed resolved to suffer for a good conscience. In the end, what through human infirmity, what through the great importunity of the Bishop of London, who set all his friends on him, he did abjure on the 7th of December, as Arthur had done on the 2d of that month. And though Bilney was relapsed, and so was to expect no mercy by the law, yet the Bishop of London enjoined him penance, and let him go. For Tonstall being a man both of good learning and an unblemished life, these virtues produced one of their ordinary effects in him, great moderation, that was so eminent in him, that at no time did he dip his hands in blood. Geoffry, Loni, and Thomas Gerrard, also abjured for having had Luther's books, and defending his opinions. These were the proceedings against heretics in the first half of this reign. And thus far I have opened the state of affairs, both as to religious and civil concerns, for the first eighteen years of this King's time, with what observations I could gather of the dispositions and tempers of the nation at that time, which pre- pared them for the changes that followed afterwards. 54 BURNET'S REFORMATION. PART I. BOOK II. OF THE PROCESS OF DIVORCE BETWEEN KING HENRY AND QUEEN KATHARINE, AND OF WHAT PASSED FROM THE NINETEENTH TO THE TWENTY-FIFTH YEAR OF HIS REIGN IN WHICH HE WAS DECLARED SUPREME HEAD OF THE CHURCH OF ENGLAND. T^ -"- ING HENRY hitherto lived at ease, and en- joyed his pleasures ; he made war with much honour, and that always produced a just and advan- tageous peace. He had no trouble upon him in all his affairs, except about the getting of money, and even in that the Cardinal eased him. But now a do- mestic trouble arose, which perplexed all the rest of his government, and drew after it consequences of a high nature. The mar. Henry the Seventh, upon wise and good considera- prfucfAr. tions, resolved to link himself in a close confederacy tburto yyifa Ferdinand and Isabella, kings of Castile and the Intaata i i i T -n of Spain. Arragon, and with the House of Burgundy, against France, which was looked on as the lasting and dan- gerous enemy of England. And therefore a match was agreed on between his son, Prince Arthur, and Katharine, the infanta of Spain, whose eldest sister Joan was married to Philip, that was then duke of Burgundy and earl of Flanders ; out of which arose a triple alliance between England, Spain, and Bur- gundy, against the King of France, who was then be- come formidable to all about him. There was given with her 200,000 ducats, the greatest portion that had been given for many ages with any princess, which made it not the less acceptable to King Henry the Seventh. The Infanta was brought into England, and on the 1 4th of November was married at St. Paul's to the Prince of Wales. They lived together as man and wife till the 2d of April following ; and not only had their bed solemnly blessed when they were put in it, on the night of their marriage, but also were seen pub- licly in bed for several days after, and went down to PART I. BOOK II. 55 live at Ludlow Castle in Wales, where they still i:. bedded together. But Prince Arthur, though a strong So^rf and healthful youth when he married her, yet died * soon after, which some thought was hastened by his J^ rt too early marriage. The Spanish ambassador had by death""?!-. his master's orders taken proofs of the consummation 2> 1502> of the marriage, and sent them into Spain ; the young Prince also himself had by many expressions given his servants cause to believe, that his marriage was consummated the first night, which in a youth of six- teen years of age, that was vigorous and healthful, was not at all judged strange. It was so constantly believed, that when he died, his younger brother, Henry duke of York, was not called Prince of Wales for some considerable time : some say for one month, Bacon's some for six months. And he was not created Prince vn. ry of Wales till ten months were elapsed, viz. in the Feb- ruary following, when it was apparent that his bro- ther's wife was not with child by him. These things were afterwards looked on as a full demonstration (being as much as the thing was capable of) that the Princess was not a virgin after Prince Arthur's death. But the reason of state still standing for keeping consuita- up the alliance against France, and King Henry the r^T' Seventh having no mind to let so great a revenue as "" e age she had in jointure be carried out of the kingdom, it infama to was proposed, that she should be married to the younger brother Henry, now Prince of Wales. The two prelates that were then in greatest esteem with King Henry the Seventh, were Warham, archbishop of Canterbury, and Fox, bishop of Winchester. The warham-s former delivered his opinion against it, and told the ?n P L. S He King, that he thought it was neither honourable nor b * rt< well-pleasing to God. The Bishop of Winchester persuaded it, and for the objections that were against it, and the murmuring of the people, who did not like a marriage that was disputable, lest out of it new wars should afterwards arise about the right of the crown, the Pope's dispensation was thought sufficient to answer all ; and his authority was then so undis- puted that it did it effectually. So a bull was ob- 56 BURNET'S REFORMATION. it h siio*. tained on the 26th of December, 1503, to this effect, ?op^ c* " That the Pope, according to the greatness of his au- lectums^ thority, having received a petition from Prince Henry and the Princess Katharine, bearing, that whereas the Princess was lawfully married to Prince Arthur (which was perhaps consummated by the carnalis copula) who was dead without any issue, but they, being desirous to marry for preserving the peace between the crowns of England and Spain, did peti- tion his Holiness for his dispensation ; therefore the Pope, out of his care to maintain peace among all catholic kings, did absolve them from all censures under which they might be, and dispensed with the impediment of their affinity, notwithstanding any apostolical constitutions or ordinances to the contrary, and gave them leave to marry ; or, if they were al- ready married, he, confirming it, required their con- fessor to enjoin then some healthful penance for their having married before the dispensation was obtained." up, poii- i t was not muc h to be wondered at that the Pope tical rea- * sons. L. did readily grant this : for though very many both Herbert. , . 1 *J J J i .1 -. . fi cardinals and divines did then oppose it, yet the in- terest of the papacy, which was preferred to all other considerations, required it. For as that Pope, being a great enemy to Lewis the Twelfth, the French King, would have done anything to make an alliance against him firmer ; so he was a warlike Pope, who consi- dered religion very little, and therefore might be easily persuaded to confirm a thing that must needs oblige the succeeding kings of England to maintain the papal authority, since from it they derived their title to the crown ; little thinking, that by a secret di- rection of an overruling Providence, that deed of his would occasion the extirpation of the papal power in England. So strangely doth God make the devices of men become of no effect, and turn them to a con- trary end to that which is intended. Upon this bull they were married, the Prince of Wales being yet under age. But Warham had so possessed the King with an aversion to this marriage, that on the same day that the Prince was of age, he, H.HoIbeir. pin*' PART II. BOOK I. 57 by his father's command, laid on him in the presence 1505. of many of the nobility and others, made a protes- "^7it tation in the hands of Fox, bishop of Winchester, i ^ ntytt before a public notary, and read it himself, by which collect. he declared, " That whereas he being under age was Morion!" married to the Princess Katharine ; yet now, coming to be of age, he did not confirm that marriage, but re- tracted and annulled it, and would not proceed in it, but intended in full form of law to avoid it and break it off; which he declared he did freely and of his accord." Thus it stood during his father's life, who conti- His father nued to the last to be against it ; and when he was Laded' 5 *. just dying, he charged his son to break it off, though it is possible that no consideration of religion might work so much on him, as the apprehension he had of the troubles that might follow on a controverted title to the crown ; of which the wars between the houses APHIS*. of York and Lancaster had given a fresh and sad de- L^y vTf. monstration. The King being dead, one of the first diei - things that came under consultation was, that the young King must either break his marriage totally, or conclude it. Arguments were brought on both Henry.be- hands ; but those for it prevailed most with the King : ibe^'wo? so, six weeks after he came to the crown, he was ^" her ' married again publicly, and soon after they were both T1 y are crowned. On the first day of the year she made him JM M.' a very acceptable new-year's gift of a son, but he ^"^ ra> died in the February thereafter : she miscarried often, . and another son died soon after he was born; only another' the lady Mary lived to a perfect age. &; *. In this state was the King's family when the Queen I 51 *- i f -L i'ii i T T **&? Mar y lelt bearing more children, and contracted some dis- wo, Feb. eases that made her person unacceptable to him ; but 19>1516 ' was, as to her other qualities, a virtuous and grave Princess, much esteemed and beloved both of the King and the whole nation. The king being out of hopes of more children declared his daughter Prin- Tr ^, J y 8 ' cess of Wales, and sent her to Ludlow to hold her f l court there, and projected divers matches for her. Hisa a J R h. The first was with the Dauphin, which was agreed T nuaed 58 BURNET'S REFORMATION. totheDau- to between the King of France and him the 9th of ' November, 1518, as appears by the treaty yet extant. After. B u t this was broken afterwards upon the King's con- wards to. 1 1 T" T' the Empe- federating with the Emperor against France, and a S2?i52 e new match agreed and sworn to between the Em- peror and the King at Windsor, the 22d of June, 1522, the Emperor being present in person. This being afterwards neglected and broken by the Em- peror, by the advice of his cortes and states, as was formerly related, there followed some overtures of a offered to marriage with Scotland. But those also vanished, sej."iss4. and there was a second treaty begun with France, rriV" tne King offering his daughter to Francis himself, April so, which he gladly accepting, a match was treated : and on the last of April it was agreed that the Lady Mary For King should be given in marriage either to Francis himself, Scif, or or to his second son the Duke of Orleans ; and that for his son alternative was to be determined by the two Kings, the Duke . of or. at an interview that was to be between them soon after at Calais, with forfeitures on both sides if the match went not on. The King's But while this was in agitation, the Bishop of "ueMioned Tarbe, the French ambassador, made a great demur by foreign- ^Q^ ^g Princess Mary being illegitimate, as begot- ten in a marriage that was contracted against a divine precept, with which no human authority could dis- pense. How far this was secretly concerted between the French court and ours, or between the Cardinal and the Ambassador, is not known. It is surmised, that the King or the Cardinal set on the French to make this exception publicly, that so the King might have a better colour to justify his suit of divorce, since other princes were already questioning it. For if, upon a marriage proposed of such infinite advantage to France, as that would be with the heir of the crown of England, they nevertheless made exceptions, and proceeded but coldly in it ; it was very reasonable to expect that, after the King's death, other pretenders would have disputed her title in another manner. To some it seemed strange that the King did offer his daughter to such great princes as the Emperor PART I. BOOK II. 50 and the King of France, to whom if England had fallen in her right, it must have been a province : for though in the last treaty with France, she was offered either to the King, or his second son ; by which either the children which the King might have by her, or the children of the Duke of Orleans, should have been heirs to the crown of England, and thereby it would still have continued divided from France : yet this was full of hazard : for if the Duke of Orleans, by his bro- ther's death should become King of France, as it after- wards fell out, or if the King of France had been once possessed of England, then, according to the maxim of the French government, that whatever their King acquires he holds it in the right of his crown, England was still to be a province to France, unless they freed themselves by arms. Others judged that the King in- tended to marry her to France, the more effectually to seclude her from the succession, considering the aversions his subjects had to a French government, that so he might more easily settle his bastard son the Duke of Richmond in the succession of the crown. While this treaty went on, the King's scruples about The King his marriage began to take vent. It is said that the tm^mh. Cardinal did first infuse them into him, and made Longland, bishop of Lincoln, that was the King's con- sande fessor, possess the King's mind with them in confes- An g i. clu sion.* If it was so, the King had, according to the religion of that time, very just cause of scruple, when his Confessor judged his marriage sinful, and the Pope's legate was of the same mind. It is also said that the Cardinal, being alienated from the Emperor, that he might irreparably embroil the King and him, and unite the King to the French interests, designed this out of spite ; and that he was also dissatisfied toward the Queen, who hated him for his lewd and * In a MS. life of Sir Thomas More, wrote not many years after Longland's death, this account is given : "I have heard Dr. Draycot, that was his (Long- land's) chaplain and chancellor, say, that he once told the Bishop what rumour ran ; and desired of him to know the truth. Who answered, that in very deed he did not break the matter after that sort, as is said ; but the King brake the matter to him first ; and never left urging him, until he had won him to give his consent. Of which his doings he did fore think himself, and repented after- wards," &c. MS. Coll. Email. Can'.. .60 BURNET'S REFORMATION. dissolute life, and had oft admonished and checked him for it : and that he therefore, designing to engage 1525. the King to marry the French King's sister, the Duchess of Alenson, did (to make way for that) set this matter on foot : but as I see no good authority for all this, except the Queen's suspicions, who did afterwards charge the Cardinal as the cause of all her trouble ; so I am inclined to think the King's scruples in his were much ancienter, for the King declared to Simon Bucer!" Grineus four years after this, that for seven years he f/^ " had abstained from the Queen upon these scruples ; MSS. so that by that it seems they had been received into li Smith the King's mind three years before this time. Ti* What were the King's secret motives and the true ofhu * grounds of his aversion to the Queen, is only known scruples. j. Q Q Q( J . an( j ^ jj ^ (ji scover y O f ^\\ secrets at the day of judgment, must lie hid. But the reasons which he always owned, of which all human judicatories must only take notice, shall be now fully opened. He found by the law of Moses, If a man took his brother's wife, they should die childless. This made him reflect on the death of his children, which he now looked on as a curse from God for that unlawful marriage. Upon this he set himself to study the case, and called for the judgments of the best divines and canonists. For his own inquiry, Thomas Aquinas being the writer in whose works he took most pleasure, and to whose judg- ment he submitted most, did decide it clearly against him. For he both concluded, that the laws in Levi- ticus about the forbidden degrees of marriage were moral and eternal, such as obliged all Christians; and that the Pope could only dispense with the laws of the church, but could not dispense with the laws of God ; upon this reason, that no law can be dispensed with, by any authority, but that which is equal to the authority that enacted it. Therefore he infers, that the Pope can indeed dispense with all the laws of the church, but not with the laws of God, to whose au- thority he could not pretend to be equal. But as the King found this from his own private study, so having commanded the Archbishop of Canterbury to require PART I. BOOK II. 61 the opinions of the bishops of England, they all in a 1527. ., . r , ,1-1 j j i i j -i All his bi writing, under their hands and seals, declared they shops> . judged it an unlawful marriage. Only the Bishop of " e *| Jj^" Rochester refused to set his hand to it, and though the unlawful. Archbishop pressed him most earnestly to it, yet he persisted in his refusal, saying, that it was against his conscience. Upon which the Archbishop made caven another write down his name, and set his seal to the l (\ v s \ X y, resolution of the rest of the bishops. But this being after wards questioned, the Bishop of Rochester denied it was his hand, and the Archbishop pretended that he had leave given him by the Bishop to put his hand to it ; which the other denied. Nor was it likely that Fisher, who scrupled in conscience to subscribe it himself, would have consented to such a weak artifice. But all the other bishops did declare against the mar- riage ; and as the King himself said afterwards, in the legantine court, neither the Cardinal nor the Bishop of Lincoln did first suggest these scruples ; but the King being possessed with them, did in confession propose them to that Bishop ; and added, that the Cardinal was so far from cherishing them, that he did all he could to stifle them. The King was now convinced that his marriage was The dan- unlawful, both by his own study and the resolution of we'Vukl his divines. And as the point of conscience wrought t f ' w on him, so the interest of the kingdom required that there should be no doubting about the succession to the crown : lest, as the long civil war between the houses of York and Lancaster had been buried with his father, so a new one should rise up at his death. The King of Scotland was the next heir to the crown after his daughter. And if he married his daughter to any out of France, then he had reason to judge, that the French, upon their ancient alliance with Scotland, and that they might divide and distract England, would be ready to assist the King of Scotland in his pretensions ; or if he married her in France, then all those in England to whom the French government was hateful, and the Emperor and other princes, to whom the French power grew formidable, would have T 62 BURNET'S REFORMATION. been as ready to support the pretensions of Scotland. Or if he should either set up his bastard son, or the children which his sister bore to Charles Brandon, there was still cause to fear a bloody decision of a title that was 1 so doubtful. And though this may seem a consideration too politic and foreign to a matter of that nature ; yet the obligation that lies on a prince to provide for the happiness and quiet of his subjects, was so weighty a thing, that it might well come in, among other motives, to incline the King much to have woisey this matter determined. At this time the Cardinal FrMw, to went over into France, under colour to conclude a July a, league between the two crowns, and to treat about the 1527 o means of setting the Pope at liberty, who was then the Emperor's prisoner at Rome ; and also for a project of peace between Francis and the Emperor. But his chief business was to require Francis to declare his resolutions concerning that alternative about the Lady Mary. To which it was answered, That the Duke of Orleans, as a fitter match in years, was the French King's choice ; but this matter fell to the ground upon the process that followed soon after. The King's The King did much apprehend the opposition the fears and ^ & ,., l l l l hopes Emperor was like to make to his designs ; either out of a principle of nature and honour to protect his aunt, or out of a maxim of state, to raise his enemy all the trouble he could at home. But on the other hand he had some cause to hope well even in that par- ticular. For the question of the unlawfulness of the match had been first debated in the cortes, or assembly of the states at Madrid ; and the Emperor had then shewn himself so favourable to it, that he broke the match (to which he had bound himself) with the Prin- cess. Therefore, the King had reason to think that this at least would mitigate his opposition. The Em- peror had also used the Pope so hardly, that it could not be doubted that the Pope hated him. And it was believed that he would find the protection of the King of England most necessary to secure him, either from the greatness of France or Spain, who were fighting for the best part of Italy, which must needs fall into about it. PART I. BOOK II. 63 one of their hands. Therefore the King did not doubt aw but the Pope would be compliant to his desires. And in this he was much confirmed by the hopes, or rather assurance, which the Cardinal gave him of the Pope's favour ; who, either calculating what was to be ex- pected from that court, on the account of their own interest, or upon some promises made him, had under- taken to the King to bring that matter about to his heart's content. It is certain that the Cardinal had L - Herbert. carried over with him, out of the King's treasure; 240,000/. to be employed about the Pope's liberty. But whether he had made a bargain for the divorce, or had fancied that nothing could be denied him at Rome, it does not appear. It is clear, by many of his letters, that he had undertaken to the King, that the business should be done ; and it is not like that a man of his wisdom would have ventured to do that without some good warrant. But now that the suit was to be moved in the court The ar gu . of Rome, they were to devise such arguments as were ^nst like to be heard there. It would have been unacceptable lhe bul1 to have insisted on the nullity of the bull, on this ac- count, because the matter of it was unlawful, and fell not within the pope's power. For popes, like other princes, do not love to hear the extent of their prero- gative disputed or defined. And to condemn the bull of a former pope as unlawful, was a dangerous prece- dent, at a time when the pope's authority was rejected by so many in Germany. Therefore the canonists, as well as divines, were consulted to find such nullities in the bull of dispensation, as, according to the canon law, and the proceedings of the Rota, might serve to invalidate it without any diminution of the papal power. Which being once done, the marriage that fol- lowed upon it must needs be annulled. When the canonists examined the bull, they found much matter to proceed upon. It is a maxim in law, that if the pope be surprised in any thing, and bulls be procured upon false suggestions and untrue premises, they may be annulled afterwards. Upon which foundation most of all the processes against popes' bulls were grounded. 64 BURNET'S REFORMATION. iw. Now they found by the preamble of this bill that it was said, The King had desired that he might be dis- pensed with to marry the Princess. This was false ; for the King had made no such desire, being of an age that was below such considerations, but twelve years old. Then it appeared by the preamble, that this bull was desired by the King, to preserve the peace between the King of England, and Ferdinand and Isabella (called Elizabetha in the bull), the kings of Spain. To which they excepted, that it was plain this was false, since the King, being then but twelve years old, could not be supposed to have such deep speculations, and so large a prospect, as to desire a match upon a politic account. Then it being also in the bull, that the Pope's dispensation was granted to keep peace between the crowns ; if there was no hazard of any breach or war between them, this was a false suggestion, by which the Pope had been made to believe, that this match was necessary for averting some great mischief; and it was known that there was no danger at all of that : and so this bull was obtained by a surprise. Besides, both King Henry of England, and Isabella of Spain, were dead before the King mar- ried his Queen ; so the marriage could not be valid by virtue of a bull that was granted to maintain amity between princes that were dead before the marriage was consummated : and they also judged, that the protestation which the King made, when he came of age, did retract any such pretended desire, that might have been preferred to the Pope in his name ; and that from that time forward, the bull could have no further operation, since the ground upon which it was granted, which was the King's desire, did then cease ; any pretended desire before he was of age being clearly annulled and determined by that pro- testation after he was of age ; so that a subsequent marriage, founded upon the bull, must needs be void. woisey's These were the grounds upon which the canonists rtL^KiDg, advised the process at Rome to be carried on. But A g- J, first, to amuse and overreach the Spaniard, the King sent word to his Ambassador in Spain, to silence the PART I. BOOK II. 65 noise that was made about it in that court. Whether the King had then resolved on the person that should succeed the Queen, when he had obtained what he desired, or not, is much questioned. Some suggest, that from the beginning he was taken with the charms of Anne Boleyn, and that all this process was moved by the unseen spring of that secret affection. Others will have this amour to have been later in the King's thoughts. How early it came there, at this distance, is not easy to determine. But before I say more of it, she being so considerable a person in the following re- lation, I shall give some account of her. Sanders has assured the world, " That the King had a liking to her mother, who was daughter to the Duke of Norfolk ; and to the end that he might enjoy her with the less J^P;^ disturbance, he sent her husband, Sir Thomas Boleyn, For this he to be ambassador in France ; and that, after two years' ui" i?fe S of absence, his wife being with child, he came over, and jj^ "" sued a divorce against her in the Archbishop of Can- took that terbury's court ; but the King sent the Marquis of Dor- Z^b^" set to let him know, that she was with child by him, ^. b t 1 i i i cavendish not improbable ; but, it she came then, she did not wTvtry stay long in England, for Cambden says, that she cZbden serve ^ Queen Claudia of France till her death (which was in July, 1524), and after that she was taken into service by King Francis's sister. How long she con- tinued in that service I do not find ; but it is probable that she returned out of France with her father, from his embassy in the year 1527 ; when, as Stow says, he brought with him the picture of her mistress, who was offered in marriage to this King. If she came out of France before, as those authors before-men- tioned say, it appears that the King had no design upon her then, because he suffered her to return, and when one mistress died to take another in France ; but if she stayed there all this while, then it is pro- bable he had not seen her till now at last, when she came out of the Princess of Alenson's service ; but whensoever it was that she came to the court of Eng- land, it is certain that she was much considered in it. And though the Queen, who had taken her to be one of her maids of honour, had afterwards just cause to be displeased with her as a rival : yet she carried herself so, that in the whole progress of the suit, I never find the Queen herself, or any of her agents, fix the least ill character on her, which would most COO- cted to Lord PART I. BOOK II. 71 certainly have been done, had there been any just cause or good colour for it. And so far was this lady, at least for some time, she a from any thoughts of marrying the King, that she had *' consented to marry the Lord Piercy, the Earl of Nor- Pieic y thumberland's eldest son, whom his father, by a strange compliance with the Cardinal's vanity, had placed in his court and made him one of his servants.* The thing is considerable, and clears many things that belong to this history ; and the relator of it was an ear- witness of the discourse upon it, as himself in- forms us. The Cardinal, hearing that the Lord Piercy cavendish was making addresses to Anne Boleyn, one day as he woi*y. came from the court, called for him before his ser- vants (" before us all," says the relator, including himself"), " and chid him for it, pretending at first that it was unworthy of him to match so meanly; but he justified his choice, and reckoned up her birth and quality, which he said was not inferior to his own. And the Cardinal insisting fiercely to make him lay down his pretensions, he told him he would willingly submit to the King and him ; but that he had gone so far before many witnesses, that he could not for- sake it, and knew not how to discharge his conscience; and therefore he entreated the Cardinal would pro- cure him the King's favour in it. Upon that the Car- dinal, in great rage, said, ' Why thinkest thou that the King and I know not what we have to do in so weighty a matter ? Yes, I warrant you ; but I can see in thee no submission at all to the purpose ;' and said, ' you have matched yourself with such an one, as nei- ther the King, nor yet your father, will agree to it ; and therefore I will send for thy father, who at his coming shall either make thee break this unadvised bargain, or disinherit thee for ever.' To which the Lord Piercy replied, That he would submit himself to him, if his conscience were discharged of the weighty burden that lay upon it ; and, soon after, his father coming to court, he was diverted another way." * The Lord Piercy was in the Cardinal's family rather in a way of education (not unusual in those times) than of service. 72 BURNET'S REFORMATION. Had that writer told us in what year this was done, it had given a great light to direct us, but by this re- lation we see that she was so far from thinking of the King at that time, that she had engaged herself an- other way; but how far this went on her side, or whether it was afterwards made use of, when she was divorced from the King, shall be considered in its proper place. It also appears that there was a design about her then formed between the King and the Cardinal ; yet how far that went, whether to make L. Her- her queen, or only to corrupt her, is not evident. It is said, that upon this she ever after hated the Car- dinal, and that he never designed the divorce after he saw on whom the King had fixed his thoughts : but all this is a mistake, as will afterwards appear. '1527. And now, having made way through these things that were previous to the first motion of the divorce, The King my narration leads me next to the motion itself. The hisduJrce King, resolving to put the matter home to the Pope, at Home. sen t j) r Knight, secretary of state, to Rome, with some instructions to prepare the Pope for it, and to observe what might be the best method, and who the fittest tools to work by. At that time, the family of the Cassali, being three brothers, were entertained by the King as his agents in Italy, both in Rome, Venice, and other places. Sir Gregory Cassali was then his ordinary ambassador at Rome : to him was the first full dispatch about this business directed by the Cardinal, the original whereof is yet extant, dated the 5th of December, 1527, which the reader will find in the Collection : but here I shall give the heads of it. The erst After great and high compliments, and assurances dispatch f t> r ' . oi rewards, to engage him to tollow the business very vigorously, and with great diligence, he writes that he had before opened the King's case to him, and that partly by his own study, partly by the opinion of many divines, and other learned men of all sorts, he found that he could no longer with a good conscience con- tinue in that marriage with the Queen ; having God and the quiet and salvation of his soul chiefly before PART I. BOOK II. 73 his eyes. And that he had consulted both the most learned divines and canonists, as well in his own do- minions as elsewhere, to know whether the Pope's dis- pensation could make it good, and that many of them thought the Pope could not dispense in this case of the first degree of affinity, which they esteemed forbidden by a divine, moral, and natural law ; and all the rest concluded, that the Pope could not do it, but upon very weighty reasons, and they found not any such in the bull. Then he lays out the reasons for annulling the bull which were touched before, upon which they all concluded the dispensation to be of no force ; that the King looked upon the death of his sons as a curse from God ; and to avoid further judgments, he now desired help of the apostolic see, to consider his case, to reflect on what he had merited by these services he had done the papacy, and to find a way, that he, being divorced from his Queen, may marry another wife, of whom, by the blessing of God, he might hope for issue male. Therefore the ambassador was to use all means possible to be admitted to speak to the Pope in private, and then to deliver him these letters of credence, in which there was a most earnest clause added with the King's own hand. He was also to make a condolence of the miseries the Pope and car- dinals were in, both in the King's name and the Car- dinal's, and to assure the Pope they would use all the most effectual means that were possible for set- ting him at liberty, in which the Cardinal would em- ploy as much industry, as if there were no other way to come to the kingdom of heaven but by doing it. Then he was to open the King's business to the Pope, the scruples of his conscience, the great danger of cruel wars upon so disputable a succession, the en- treaties of all the nobility and the whole kingdom, with many other urgent reasons to obtain what was desired. He was also to lay before the Pope the pre- sent condition of Christendom and of Italy, that he might consider of what importance it was to his own affairs, and to the apostolic see, to engage the King so firmly to his interests as this would certainly do. 74 BURNET'S REFORMATION. And to move that the Pope without communicating the matter to any person, would freely grant it, and sign the commission which was therewith sent en- grossed in due form, and ready to be signed, by which the Cardinal was authorized with the assistance of such as he should choose, to proceed in the matter, accord- ing to some instructions which were also sent fairly written out for the Pope to sign. A dispensation was also sent in due form ; and if these were expeded, he might assure the Pope that as the King had sent over a vast sum to the French King, for paying his army in Italy, so he would spare no travel nor treasure, but make war upon the Emperor in Flanders, with his whole strength, till he forced him to set the Pope at liberty, and restore the state of the church to its for- mer power and dignity. And if the Pope were al- ready at liberty, and had made an agreement with the Emperor, he was to represent to him how little cause he had to trust much to the Emperor, who had so oft broke his faith, and designed to do all he could towards the depressing the ecclesiastical state. And the Pope was to be remembered, that he had dispensed with the Emperor's oath, for marrying the King's daughter, without communicating the matter to the King. And if he had done so much for one that had been his enemy, how much more might the King expect the like favour, who had always paid him a most filial duty ? Or if the Pope would not grant the commis- sion to the Cardinal to try the matter, as a person that, being the King's chief minister, was not indif- ferent enough to judge in any of the King's concerns ; he was by all means to overcome that, and assure the Pope that he would proceed in it as a judge ought to do. But if the Pope stood upon it, and would by no means be persuaded to sign the commission for the Cardinal, then he was to propose Staphileus, dean of the Rota, who was then in England ; and was to except against all other foreigners, if the Pope chanced to propose any other. He was also to re- present to the Pope, that the King would look upon a delay as a denial ; and if the Pope inclined to con- PART I. BOOK II. 75 suit with any of the cardinals about it, he was to di- vert him from it all that was possible : but if the Pope would needs do it, then he was to address himself to them, and partly by informing them of the reasons of the King's cause, partly by rewarding the good of- fices they should do, he was to engage them for the King. And with this dispatch, letters were sent to Cardinal Pucci, Sanctorum Quatuor, and the other cardinals, to be made use of as there should be occa- sion for it. And because money was like to be the most powerful argument, especially to men impo- verished by captivity, ten thousand ducats were re- mitted to Venice, to be distributed as the King's af- fairs required ; and he was empowered to make far- ther promises, as he saw cause for it, which the King would faithfully make good ; and, in particular, they were to be wanting in nothing, that might absolutely engage the Cardinal Datary to favour the King's business."" The same things had been committed to the Secre- ne p P e tary's care, and they were both to proceed by con- ITAe cert, each of them doing all that was possible to pro- p r ^ mote the business. . But before this reached Rome, Colle f- n T->- i i t i-j ." u *" Secretary Knight was come thither; and rinding it im- possible to be admitted to the Pope's presence, he had, by corrupting some of his guards, sent him the sum of the King's demands. Upon which the Pope sent him word, that the dispensation should be sent fully expeded. So gracious was a Pope in captivity i But at that time the General of the Observants in Spain being at Rome, required a promise of the Pope not to grant any thing that might prejudice the Queen's cause, till it were first communicated to the impe- rialists there. But when the Pope made his escape, Pope the Secretary -and the Ambassador went to him to Orvieto about the end of December, and first did, in the King's and Cardinal's name, congratulate his free- dom. Then the Secretary discoursed the business. The Pope owned that he had received the message which he had sent to him at Rome ; but in respect of his promise, and that yet in a manner he was in 76 BURNET'S REFORMATION. captivity, he begged the King would have a little pa- tience, and he should before long have not only that dispensation, but any thing else that lay in his power. But the Secretary not being satisfied with that excuse, the Pope in the end said he should have it; but with this condition, that he would beseech the King not to proceed upon it, till the Pope were fully at liberty, and the Germans and Spaniards were driven out of Italy. And upon the King's promising this, the dispensation was to be put in his hands. So the Secretary, who had a great mind once to have the bull in his possession, made no scruple to engage his pro- mise for that. The Pope also told them, he was not expert in those things, but he easily apprehended the danger that might arise from any dispute about the succession to the crown, and that therefore he would communicate the business to the Cardinal Sanctorum Quatuor ; upon which they resolved to prevent that Cardinal's being with the Pope, and went and de- livered the letters they had for him, and promised him a good reward if he were favourable to their requests in the King's behalf. Then they shewed him the com- missions that were sent from England : but he, upon the perusal of them, said they could not pass without a perpetual dishonour on the Pope and the King too, and excepted to several clauses that were in them. So they desired him to draw one that might both be suf- ficent for the King's purpose, and such as the Pope might with honour grant: which being done, the Pope told them, that though he apprehended great danger to himself, if the Emperor should know what he had done, yet he would rather expose himself to utter ruin, than give the King or the Cardinal cause to think him ingrate; butwith manysighs and tears, he begged that the King would not precipitate things, or expose him And being to be undone, by beginning any process upon the at liberty ,,, ., i^ii? j*i J j j gives a bull. And so he delivered the commission and dis- buiiforit. p ensa ti OIlj signed, to Knight. But the means that the Pope proposed for his publishing and owning what The pope'* he now granted was, that Lautrech, with the French army, should march, and, coming where the Pope was, PART I. BOOK II. 77 should require him to grant the commission : so that the Pope should excuse himself to the Emperor, that he had refused to grant it upon the desire of the Eng- lish Ambassador, but that he could not deny the General of the French army to do an act of public justice : and by this means he would save his honour, and not seem guilty of breach of promise ; and then he would dispatch the commission about the time of Lautrech's being near him, and therefore he entreated O * the King to accept of what was then granted for the present. The commission and dispensation were given to the Secretary ; and they promised to send the bull after him, of the same form that was desired from England: and the Pope engaged to reform it as should be found needful. And it seems by these letters, that a dispensation and commission had been signed by the Pope when he was a prisoner ; but they thought not fit to make any use of them, lest they should be thought null, as being granted when the Pope was in captivity. Thus the Pope expressed all the readiness that And could be expected from him, in the circumstances he *t was then in ; being overawed by the imperialists, who ^ e were harassing the country, and taking castles very near the place where he was. Lautrech with the French army lay still fast about Bononia, and as the season of the year was not favourable, so he did not express any inclinations to enter into action. The Cardinal Sanctorum Quatuor got four thousand crowns as the reward of his pains, and in earnest of what he was to expect when the matter should be brought to a final conclusion. In this whole matter, the Pope carried himself as a wise and politic prince, that considered his interest, and provided against dan- gers with great foresight. But as for apostolical wis- dom, and the simplicity of the gospel, that was not to be expected from him. For now, though the high- sounding names of Christ's Vicar, and St. Peter's Successor, were still retained to keep up the Pope's dignity and authority, yet they had for many ages governed themselves as secular princes ; so that the 78 BURNET'S REFORMATION. maxims of that court were no more to keep a good conscience, and to proceed according to the rules of the gospel, and the practice of the primitive church, committing the event to God, and submitting to his will in all things : but the keeping a balance, the main- taining their interest in the courts of princes, the se- curing their dominions, and the raising their families, being that which they chiefly looked at, it is not to be wondered at, that the Pope governed himself by these measures, though religion was to be made use of to help him out of straits. All this I set down the more particularly, both because I take my infor- mation from original letters, and that it may clearly appear how matters went at that time in the court of Rome. Secretary Knight, being infirm, could not travel with that haste that was required in this business, and therefore he sent the Proto-notary Gambara with the commission and dispensation to England, and fol- coiiect. lowed in easy journeys. The cardinals that had been Numb. 5. consumed w ith, did all express great readiness in grant* ing the King's desire. The Cardinal Datary had for- saken the court, and betaken himself to serve God and his cure ; and other cardinals were hostages : so that now there were but five about the Pope Monte, Sanctorum Quatuor, Ridolphi, Revennate, and Peru- sino. But a motion being made of sending over a legate, the Pope would by no means hearken to it, for that would draw new troubles on him from the Emperor. That had been desired from England by a dispatch of the 27th of December, which pressed a speedy conclusion of the business ; upon which the Pope, on the 12th of January, did communicate the matter under the seal of confession to the cardinals Sanctorum Quatuor and Simoneta(whowas then come to the court), and upon conference with them, he pro- posed to Sir Gregory Cassali, that he thought the The me- safer way was, " That either by virtue of the commis- l^d P by sion that the Secretary had obtained, or by the legan- cdteT' * me P ower t nat ^ as lodged with the Cardinal of York, Numb. e. he should proceed in the business. And if the King PART I. BOOK II. 79 found the matter clear in his own conscience (in which the Pope said, no doctor in the whole world could resolve the matter better than the King himself), he should without more noise make judgment be given ; and presently marry another wife, and then send for a legate to confirm the matter. And it would be easier to ratify all when it was once done, than to go on in a process from Rome. For the Queen would pro- test, that both the place and the judges were sus- pected and not free ; upon which, in the course of law, the Pope must grant an inhibition for the King's not marrying another, while the suit depended, and must avocate the business to be heard in the court of Rome ; which, with other prejudices, were unavoid- able in a public process, by bulls from Rome. But if the thing went on in England, and the King had once married another wife, the Pope then would find very good reasons to justify the confirming a thing that was gone so far, and promised to send any car- dinal whom they should name." This the Pope desired the Ambassador would signify to the King, as the advice of the two Cardinals, and take no notice of him in it. But the dispatch shews he was a more faithful minister than to do so. The Ambassador found all the earnestness in the Pope that was possible to comply with the King, arid that he was jealous both of the Emperor and Francis, and depended wholly on the King ; so that he found if the terror of the imperial forces were over, the court of England would dispose of the apostolical see as they pleased. And indeed this advice, how little soever it had of the simplicity of the gospel, was certainly pru- dent and subtle, and that which of all things the Spa- niards apprehended most. And therefore the Gene- ral of the Observants moved Cardinal Campegius, then at Rome, for an inhibition, lest the process should be carried on and determined in England. But that being signified to the Pope, he said, It could not be granted, since there was no suit depending ; in which case only an inhibition can be granted. But now I must look over again to England, to open 80 BURNET'S REFORMATION. the counsels there. At that time Staphileus was there, Ingi. ana " he, either to make his court the better, or that he was so persuaded in opinion, seemed fully satisfied about the justice of the King's cause. So they sent him to Rome with instructions both public and secret. His in- The public instructions related to the Pope's affairs, in struct""", which all possible assistance was promised by the King. But one proposition in them flowed from the Cardinal's Cotton ambition, " That the kings of England and France utK vitei. thought it would advance the Pope's interests, if he Jan. s. should command the cardinals that were under no re- straint, to meet in some secure place, to consider of the Duplicates affairs of the church, that they might suffer no preju- corrected ^ QQ ^ t | ie p O p e ' s ca ptivity ; and for that end, and to cardinal's conserve the dignity of the apostolic see, that they hand. 1111 1 i I 'i should choose such a vicar or president, as partly by his prudence and courage, partly by the assistance of the two Kings, upon whom depended all their hopes, might do such services to the apostolic see, as were most necessary in that distracted time, by which the Pope's liberty would be hastened." It cannot be imagined but the Pope would be of- fended with this proposition, and apprehend that the Cardinal of York was not satisfied to be intriguing for the popedom after his death, but was aspiring to it while he was alive. For as it was plain he was the person that must be chosen for that trust ; so if the Pope were used hardly by the Emperor, and forced to ill conditions, the vicar so chosen and his cardinals- would disown those conditions, which might end in a schism, or his deposition. But Staphileus's secret in- structions related wholly to the King's business, which were these ; " That the King had opened to him the error of his marriage, and that the said Bishop, out of his great learning, did now clearly perceive how in- valid and insufficient it was : therefore the King re- commended it to his care, that he would convince the Pope and the cardinals with the arguments that had been laid before him, and of which a breviate was given him. He was also to represent the great mis- chiefs that might follow, if princes got not justice and PART I. BOOK II. 81 ease from the apostolic see. Therefore, if the Pope were yet in captivity, he was to propose a meeting of the cardinals, for choosing the Cardinal of York to be their head, during the Pope's imprisonment, or that a full commission might be sent to him for the King's matter. And in particular he was to take care that the business might be tried in England. And for his pains in promoting the King's concerns, the King pro- mised to procure a bishoprick for him in France ; and to help him to a cardinal's hat." By him the King wrote to the Pope. The rude draught of it remains under the Cardinal's hand, earnestly desiring a speedy and favourable dispatch of his business with a credence to the bearer. The Cardinal also wrote to the Pope by him, and, " after a long congratulating his liberty, with many le'tlL* sharp reflections on the Emperor, he pressed a dis- by bim ' patch of the King's business, in which he would not use many words : " This only I will add," says he, " that that which is desired is holy and just, and very much for the safety and quiet of this kingdom, which is most devoted to the apostolical see. He also wrote by the same hand to the Ambassador, that theKingwould have things so carried, that all occasion of discontent or cavilling, whether at home or abroad, might be re- moved ; and therefore desired that another cardinal might be sent legate to England, and joined in com- mission with himself for judging the matter. He named either Campegius, Tranus, or Farnese. Or if that could not be obtained, that a fuller commission might be sent to himself, with all possible haste, since delays might produce great inconveniences. If a legate were named, then care must be taken that he should be one who was learned, indifferent, and tract- able ; and if Campegius could be the man, he was the fittest person. And when one was named, he should make him a decent present, and assure him that the King would most liberally recompense all his labour and expense. He also required him to press his speedy dispatch, and that the commission should be full to try and determine, without any reservation of VOL. I. G 82 BURNET'S REFORMATION. the sentence to be given by the Pope." This dispatch is interlined, and amended by the Cardinal's own hand. A larger But, upon the arrival of the messenger whom the sity Secretary had sent, with the commission and dispen- the King, sation, and the other packets before-mentioned : it was debated in the King's council, whether he should go on in his process, or continue to solicit new bulls from Rome. On the one hand, they saw how tedious, dan- gerous, and expensive a process at Rome was like to prove : and therefore it seemed the easiest and most expedite way to proceed before the Cardinal in his le- gantine court, who should ex officio and in the sum- mary way of their court, bring it to a speedy conclu- sion. But, on the other hand, if the Cardinal gave sentence, and the King should marry, then they were not sure, but before that time the Pope might either change his mind, or his interest might turn him an- other way. And the Pope's power was so absolute by the canon law, that no general clauses in commissions to legates could bind him to confirm their sentences : and if, upon the King's marrying another wife, the Pope should refuse to confirm it, then the King would be in a worse case than he was now in, and his mar- riage and issue by it should be still disputable : there- fore they thought this was by no means to be adven- tured on, but they should make new addresses to the court of Rome. In the debate, some sharp words fell either from the King, or some of his secular counsel- lors; intimating, that if the Pope continued under such fears, the King must find some other way to set him Gardiner at ease. So it was resolved, that Stephen Gardiner, "nt to x commonly called Doctor Stephens, the Cardinal's chief Roineg secretary, and Edward Fox, the King's almoner, should be sent to Rome ; the one being esteemed the ablest canonist in England, the other, one of the best divines: wuh let- they were dispatched the 10th of February. "By tteKin. them the King wrote to the Pope, thanking him that hehad expressed such forward and earnest willingness to give him ease : and had so kindly promised to gra- coiiect t*fy n * s desires, f which he expected now to see the Numb.V. effects. He wrote also to the cardinals his thanks for PART I. BOOK II. 83 the cheerfulness with which they had in consistory promised to promote his suit ; for which he assured them, they should never have cause to repent." But the Cardinal wrote in a strain that shews he was in And the some fear that if he could not bring about the King's co[ie! ' o o desires, he was like to lose his favour. " He besought Nl the Pope as lying at his feet, that if he thought him a Christian, a good cardinal, and not unworthy of that dignity, a useful member of the apostolical see, a pro- moter of justice and equity, or thought him his faithful creature, or that he desired his own eternal salvation, that he would now so far consider his intercession, as to grant kindly and speedily that which the King ear- nestly desired ; which if he did not know to be holy, right, and just, he would undergo any hazard or pu- nishment whatsoever, rather than promote it ; but he did apprehend, if the King found that the Pope was so overawed by the Emperor, as not to grantthat which all Christendom judged was grounded both on the divine and human laws, both he and other Christian princes would from thence take occasion to provide themselves of other remedies, and lessen and despise the authority of the apostolic see." In his letters to collect. Cassali, he expressed a great sense of the services which the Cardinal Sanctorum Quatuor had done the King ; and bid him inquire what were the things in which he delighted most, whether furniture, gold, plate, or horses, that they might make him acceptable presents ; and assure him, that the King would con- tribute largely towards the carrying on the building of St. Peter's in the Vatican. The most important thing about which they were The sub- employed, was to procure the expediting of a bull the U b U u which was formed in England, with all the strongest b" 1 ^. clauses that could be imagined. In the preamble of Collect - i - i ill , 1 T ! P 1 111 Numb. 10. which all the reasons against the validity ot the bull of P. Julius the Second were recited ; and it was also hinted, " that it was against the law of God ; but to lessen that, it was added, At least where there was not a sufficient dispensation obtained : therefore the Pope, to reward the great services by which the King G 2 84 BURNET'S REFORMATION. had obliged the apostolic see, and having regard to the distractions that might follow on a disputable title ; upon a full consultation with the cardinals, hav- ing also heard the opinions of divines and canonists, deputed for his legate to concur with the Cardinal of York either together, or (the one being hindered or unwilling) severally. And if they found those things that were suggested against the bull of P. Ju- lius, or any of them, well or sufficiently proved, then to declare it void or null, as surreptitiously procured upon false ground; and thereupon to annul the marriage that had followed upon it : and to give both parties full leave to marry again, notwithstanding any appel- lation or protestation, the Pope making them his vicars with full and absolute power and authority; empower- ing them also to declare the issue begotten in the for mer marriage good and legitimate, if they saw cause for it. The Pope binding himself to confirm what- ever they should do in that process, and never to re- voke or repeal what they should pronounce. Declar- ing also that this bull should remain in force till the process were ended, and that by no renovation or in- hibition it should be recalled ; and if any such were obtained, these are all declared void and null, and the legates were to proceed notwithstanding : and all ended with a full non obstante." This was judged the utmost force that could be in a bull, though the civilians would scarce allow any validity at all in these extravagant clauses ; but the most material thing- in this bull is, that it seems the King was not fully resolved to declare his daughter illegitimate. Whether he pretended this to mitigate the Queen's or the Emperor's opposition, or did really intend it, is not clear. But what he did afterwards in parliament, shews he had this deep in his thoughts, though the Queen's carriage did soon after provoke him to pursue his resentments against her daughter. The French King did also join a most earnest letter of his to the Pope, which they were also to deliver. They had likewise a secret instruction by all means to endeavour that Cardinal Campegio should be the PART I. BOOK II. 85 legate : he had the reputation of a learned canonist, and they knew he was a tractable man ; and besides that he was bishop of Salisbury, the King- had obliged ^ ot - Pat - him by the grant of a palace which the King was L g n. 10! building in Burgo at Rome for his ambassadors ; which, before it was finished, he had, by a patent, given to him and his heirs ; so they had better hopes of him than of any other. By these ambassadors the Cardinal wrote a long The cardu and most earnest letter to John Cassali, the proto- LiL'Tin notary, that was the ambassador's brother. In which S, a t tter> all the arguments that a most anxious mind could in- n*.u. vent or dictate, are laid together to persuade the Pope to grant the King's desires. Among other things, he tells him, " How he had engaged to the King that the Pope would not deny it ; that the King, both out of scruple of conscience, and because of some diseases in the Queen that were incurable, had resolved never to come near her more ; and that if the Pope conti- nued, out of his partial respects to the Emperor, to be inexorable, the King would proceed another way." He offers to take all the blame of it upon his own soul, if it were amiss ; with many other particulars, in which he is so pressing, that I cannot imagine what moved the Lord Herbert, who saw those letters, to think that the Cardinal did not really intend the di- vorce.* He (it seems) saw another paper of their instructions, by which they were ordered to say to the Pope, that the Cardinal was not the author of the counsel. But all that was intended by that, was only to excuse him so far, that he might not be thought too partial, and an incompetent judge : for as he was far from disowning the justice of the King's suit, so he would not have trusted a secret of that importance to paper; which, when it should be known to the King, would have lost him his favour. But undoubt- edly it was concerted between the King and him, to * See below, p. 118. where the King absolves Wolsey from the charge of having suggested or much promoted the divorce : he certainly, however, ap- peared very earnest to hasten the process at Rome, when he found the King himself in earnest ; and was only backward probably whenever things seemed to be taking a turn contrary to his own plans. N. 86 BURNET'S REFORMATION. remove an exception which otherwise the cardinals of the imperial faction would have made to his being the judge in that matter. collect. With those letters and instructions were Gardiner and Fox sent to Rome, where both the Cassalis* and Staphileus were promoting the King's business all they could. And being strengthened with the acces- sion of those other two, they made a greater progress ; so that in April the Pope did, in consistory, declare campegio Cardinal Campegio legate, to go to England, that he, with the Cardinal of York, might try the validity of mb! 13. tne King's marriage ; but that Cardinal made great excuses : he was then legate at Rome, in which he had such advantages, that he had no mind to enter in a business which must for ever engage either the Emperor or the King against him. He also pretended an inability to travel so great a journey, being much isey subject to the gout. But when this was known in To England, the Cardinal wrote him a most earnest letter y 7. ver ' to hasten over, and bring with him all such things as were necessary for making their sentence firm and irre- versible, so that it might never again be questioned. But here I shall add a remark which, though it is of no great importance, yet will be diverting to the reader. The draught of the letter is in Woisey 's se- cretary's hand, amended in some places by his own ; and concluded thus : " I hope all things shall be done according to the will of God, the desire of the King, the quiet of the kingdom, and to our honour, with a good conscience." But the Cardinal dashed out this last word, " with a good conscience ;" perhaps judging that it was a thing fit for meaner persons, but that it was below the dignity of two cardinals to consider it much. He wrote also to Cassali high com- pliments for his diligence in the step that was made, but desired him with all possible means to get the bull granted and trusted to his keeping, with the deepest protestations, that no use should be made of it, but * S. Greg. Cassali was not then at Rome, but at Orvieto, where the Pope was at that time. Staphileus was not yet come; and when he came, he did not promote but hindered the King's business all he could. See Gardiner's Letters. K Grav foitp PART I. BOOK II. 87 that the King only should see it ; by which his mind would be at ease, and he, being put in good hopes, would employ his power in the service of the Pope and apostolic see ; but the Pope was not a man to be cozened so easily. When the Cardinal heard, by the next dispatch, MV 23, what excuses and delays Campegio made, he wrote 15 to him again, and pressed his coming over in haste : " For his being legate of Rome, he desired him to name a vice-legate. For his want of money and horses, Gardiner would furnish him as he desired, and he should find an equipage ready for him in France ; and he might certainly expect great rewards from the King. But if he did not make more haste, the King would incline to believe an advertisement that was sent him, of his turning over to the Emperor's party. Therefore, if he either valued the King's kindness, or were grateful for the favours he had received from him ; if he valued the Cardinal's friendship or safety, or if he would hinder the diminution of the authority of the Roman church, all excuses set aside, he must make what haste in his journey was possible." Yet the Legate made no great haste, for till October following he came not into England. The bull that was de- sired could not be obtained, but another was granted, which perhaps was of more force, because it had not those extraordinary clauses in it. There, is the copy of a bull to this purpose in the Cottonian library, which has been printed more than once by some that have taken it for a copy of the same bull that was sent by Campegio ; but I take it to be rather a copy of that bull which the Pope signed at Rome, while he The p op e was there a prisoner, and probably afterwards at Or- Jj^J vieto he might give it the date that it bears, 1527, bul1 : December 17.* But that there was a decretal bull, te.*L sent by Campegio, will appear evidently in the sequel H( of this relation. About this time I meet with the first evidence of the progress of the King's love to * This was the third commission sent from the Pope. The first was sect from Rome, by Gambara, and die second from Orvieto, brought OTer by Fox ; but both were disliked ; so this was now obtained. 88 BURNET'S REFORMATION. Anne Boleyn, in two original letters of her's to the Cardinal, from which it appears, not only that the King had then resolved to marry her, but that the Cardinal was privy to it. They bear no date, but the matter of them shews they were written after the end of May, when the sweating-sickness began, and about the time that the Legate was expected. They give such a light to the history, that I shall not cast them over to the collection at the end, but set them down here. " MY LORD, TWO utters J n m y most humblest wise that my heart can Lien's think, I desire you to pardon me that I am so bold to woisey. j. Q troupe y OU w ^ n m y s i m ple and rude writing, es- teeming it to proceed from her, that is much desirous to know that your Grace does well, as I perceive by this bearer that you do. The which I pray God long to continue, as I am most bound to pray ; for I do know the great pains and troubles that you have taken for me both day and night, is never like to be recom- pensed on my part, but alonely in loving you next unto the King's Grace, above all creatures living. And I do not doubt that the daily proofs of my deeds shall manifestly declare and affirm my writing to be true, and I do trust you do think the same. My Lord, I do assure you I do long to hear from you news of the Legate : for I do hope and they come from you they shall be very good ; and I am sure you desire it as much as I, and more, and it were possible, as I know it is not : and thus remaining in a steadfast hope, I make an end of my letter, written with the hand of her that is most bound to be. A post-^ " The writer of this letter would not cease till she the King's had caused me likewise to set to my hand ; desiring tohim * you, though it be short, to take it in good part. I ensure you there is neither of us but that greatly de- sireth to see you, and much more joyous to hear that you have scaped this plague so well, trusting the fury thereof to be passed, specially with them that keepeth good diet, as I trust you do. The not hearing of the Legate's arrival in France, causeth us somewhat to PART I. BOOK II. 89 inuse ; notwithstanding, we trust, by your diligence and vigilancy (with the assistance of Almighty God) shortly to be eased out of that trouble. No more to you at this time; but that I pray God send you as good health and prosperity as the writer would. By your Loving sovereign and friend, HENRY K. Your humble servant, ANNE BOLEYN." " MY LORD, " In my most humble wise that my poor heart can think, I do thank your Grace for your kind letter, and for your rich and goodly present, the which I shall never be able to deserve without your help : of the which I have hitherto had so great plenty, that all the days of my life I am most bound of all creatures, next the King's Grace, to love and serve your Grace : of the which I beseech you never to doubt that ever I shall vary from this thought as long as any breath is in my body. And as touching your Grace's trouble with the sweat, I tjiank our Lord that them that I de- sired and prayed for, are escaped, and that is the King and you ; not doubting but that God has preserved you both for great causes, known alonely of his high wisdom. And as for the coming of the Legate, I de- sire that much, and if it be God's pleasure, I pray him to send this matter shortly to a good end, and then I trust, my Lord, to recompense part of your great pains. In the which I must require you in the mean time to accept my good will, in the stead of the power, the which must proceed partly from you, as our Lord knoweth ; to whom I beseech to send you long life, with continuance in honour. Written with the hand of her that is most bound to be, Your humble and obedient servant, ANNE BOLEYN." The Cardinal, hearing that Campegius had thecoiie. decretal bull committed to his trust, to be shewed only Nl to the King and himself, wrote to the Ambassador that it was necessary it should be also shewed to 90 BURNET'S REFORMATION. some of the King's council ; not to make any use of it, but that thereby they might understand how to manage the process better by it. This he begged might be trusted to his care and fidelity, and he un- dertook to manage it so, that no kind of danger could arise out of it. The car. At this time the Cardinal, having finished his foun- ctue'ges dations at Oxford and Ipswich, and finding they were finished. vei y acceptable, both to the King and to the clergy, resolved to go on and suppress more monasteries, and erect new bishopricks, turning some abbeys to cathe- drals. This was proposed in the consistory, and Oct. so. granted, as appears by a dispatch of Cassali's. He also spoke to the Pope about a general visitation of all monasteries : and, on the 4th of November, the bull for suppressing some was expected ; a copy whereof is yet extant, but written in such a hand, that I could not read three words together in any place of it ; and though I tried others that were good at reading all hands, yet they could not do it. But I find by the dispatch, that the Pope did it with some aversion ; and when Gardiner told him plainly, It was necessary, and it must be done, he paused a little, and seemed unwilling to give any further offence to religious orders : but since he found it so uneasy to gratify the King in so great a point, as the matter of his divorce, he judged it the more necessary to mol- More mo. \[fy hj m by a compliance in all other things. So were to there was a power given to the two Legates to exa- preed. mine the state of the monasteries, and to suppress such as they thought fit, and convert them into bi- shopricks and cathedrals. The Em- While matters went thus between Rome and Eng- peror op- . _ . ill poses the land, the Queen was as active as she could be, to en- " a g e ner two nephews, the Emperor and his brother, to appear for her. She complained to them much of the King, but more of the Cardinal ; she also gave them notice of all the exceptions that were made to the bull, and desired both their advice and assistance. They, having a mind to perplex the King's affairs, advised her by no means to yield, nor to be induced PART I. BOOK II. 91 to enter into a religious life ; and gave her assurance, that by their interest at Rome, they would support her, and maintain her daughter's title, if it went to extremities. And as they employed all their agents at Rome to serve her concerns, so they consulted with the canonists about the force of the exceptions to the bull. The issue to which was, that a breve was found out or A >ve forged, that supplied some of the most material defects t a***, in the bull. For whereas in the bull, the preamble SSHbl'w. bore, that the King and Queen had desired the Pope's dispensation to marry, that the peace might continue between the two crowns, without any other cause given : in the preamble of this breve, mention is made of their desire to marry, " because otherwise it was not likely that the peace would be continued between the two crowns : and for that, and divers other rea- sons, they asked the dispensation." Which in the body of the breve is granted, bearing date the 26th of December, 1503. Upon this they pretended that the dispensation was granted upon good reasons ; since by this petition it appeared, that there were fears of a breach between the crowns, and that there were also other reasons made use of, though they were not named. But there was one fatal thing in it. In the bull it is only said, that the Queen's pe- tition bore, " That perhaps she had consummated her marriage with Prince Arthur, by the carnalis copula''' But in this perhaps is left out, and it is plainly said, That they had consummated their marriage. This the King's council, who suspected that the breve was forged, made great use of when the question was argued, whether Prince Arthur knew her or not? Though at this time it was said, the Spaniards did put it in on design, knowing it was like to be proved that the former marriage was consummated ; which they intended to throw out of the debate, since by this it appeared, that the Pope did certainly know that, and yet granted the breve ; and that therefore there was to be no more inquiry to be made into that, which was already confessed : so that all that was now to be debated was the Pope's power of granting 92 BURNET'S REFORMATION. such a dispensation, in which they had good reason to expect a favourable decision at Rome. But there appeared great grounds to reject this breve as a forged writing. It was neither in the re- cor( j s Q f E n gi an d nor Spain, but said to be found among the papers of D. de Puebla, that had been the Spanish ambassador in England at the time of con- cluding the match. So that if he only had it, it must have been cassated, otherwise the parties concerned would have got it into their hands; or else it was forged since. Many of the names were written false, which was a presumption that it was lately made by some Spaniards, who knew not how to write the names true. For Sigismund, who was secretary, when it was pretended to have been signed, was an exact man, and no such errors were found in breves at that time. But that which shewed it a manifest forgery, was, that it bore date the 26th of December, anno 1503, on the same day that the bull was granted. It was not to be imagined, that in the same day, a bull and a breve should have been expedited in the same business, with such material differences in them. And the style of the court of Rome had this singularity in it; that in all their breves, they reckon the beginning of the year from Christmas-day ; which being the nativity of our Lord, they count the year to begin then. But in their bulls they reckon the year to begin at the Feast of the Annunciation. So that a breve dated the 26th of December, 1503, was, in the vulgar account, in the year 1 502 : therefore it must be false ;* for neither was Julius the Second, who granted it, then pope, nor was the treaty of the marriage so far advanced at that time, as to admit of a breve so soon. But allowing the breve to be true, they had many of the same exceptions to it that they had to the bull, since it bore that the King desired the marriage, to avoid a breach between the crowns ; which was false. It likewise bore, that the * Dr. Lingard in his History of England, endeavours still to support the genuineness of this breve, and asserts it to have been usual, in cases where two dispensations were required, to employ in the last instrument the original date, but he does not mention his authority for this, and seems at last to re- solve the question, into a supposed blunder on the part of the Clerk. N. comes into PART I. BOOK II. 93 marriage had been consummated between the Queen and Prince Arthur, which the Queen denied was ever done ; so that the suggestion in her name being-, as i she said, false, it could have no force, though it were granted to be a true breve : and they said, it was plain the Imperialists were convinced the bull was of no force, since they betook themselves to such arts to fortify their cause. When Cardinal Campegio came to England, he . , -ii 11- i i me n was received with the public solemnities ordinary in England. such a case ; and in his speech at his first audience, he called the King " The deliverer of the Pope, and of the city of Rome," with the highest compliments that the occasion did require. But when he was ad- mitted to a private conference with the King and the Cardinal, he used many arguments to dissuade the King from prosecuting the matter any further. This the King took very ill, as if his errand had been rather to confirm than annul his marriage ; and complained that the Pope had broken his word to him. But the Legate studied to qualify him, and shewed the decretal And she s bull, by which he might see, that though the Pope the bu'u 8 wished rather that the business might come to a more friendly conclusion, yet if the King could not be brought to that, he was empowered to grant him all that he desired. But he could not be brought to part K * refw s with the decretal bull out of his hands, or to leave it MM to DM for a minute, either with the King or the Cardinal, COUDcU> saying, That it was demanded on these terms, that no other person should see it ; and that Gardiner and the Ambassador had only moved to have it expedited, and sent by the Legate, to let the king see how well the Pope was affected to him. With all this the King was much dissatisfied ; but to encourage him again, the Legate told him, he was to speak to the Queen in the Pope's name, to induce her to enter into a reli- gious life, and to make the vows. But when he pro- posed that to her, she answered him modestly, that she could not dispose of herself but by the advice of her nephews. Of all this the Cardinal of York advertised the Cas- 94 BURNET'S REFORMATION. wobey'a salis, and *ordered them to use all possible endea- atRoZ 11 vours, that the bull might be shewn to some of the mfhi'be Ding's council. Upon that (Sir Gregory being then Zled. out of Rome) the Proto-notary went to the Pope, and sISSs. complained that Campegio had dissuaded the divorce. The Pope justified him in it, and said, he did as he had ordered him. He next complained that the Legate would not proceed to execute the legantine commis- coiiect. s i on< The Pope denied that he had any order from 7 ' him to delay his proceedings, but that by virtue of his commission they might go on and pass sentence. Then the Proto-notary pressed him for leave to shew the bull to some of the King's council, complaining of Campegio's stiffness in refusing it, and that he would not trust it to the Cardinal of York, who was his equal in the commission. To this the Pope an- swered in passion, that he could shew the Cardinal's letter, in which he assures him, that the bull should only be shewed to the King and himself; and that if it were not granted, he was ruined ? therefore to pre- serve him he had sent it, but had ordered it to be burnt ,when it was once Shewed. He wished he had never sent it, saying, he would gladly lose a finger to recover it again, and expressed great grief for gran ting it: and said, they had got him to send it, and now would have it shewn, to which he would never consent, for then he was undone for ever. Upon this, the Proto-notary laid before him the danger of losing the King, and the kingdom of England ; of ruining the Cardinal of York, and of the undoing of their family, whose hopes depended on the Cardinal; and that by these means, heresy would prevail in England, which, if it once had got footing there, would not be so easily rooted out; that all persons judged the King's cause right, but though it were not so, some things that were not good must be borne with to avdid greater evils. And at last he fell down at his feet, and in most passionate expressions begged him to be more compliant to the King's desires, and at least not to deny that small favour But aii f shewing the decretal to some few counsellors, upon m vain, the assurance of absolute secrecy. But the Pope in- PART I. BOOK II. 95 terruptedhim, and with great signs of an unusual griet told him, these sad effects could not be charged on him; he had kept his word, and done what he had promised, but upon no consideration would he do any thing that might wound his conscience, or blemish his integrity: therefore let them proceed as they would in England, he should be free of all blame, but should confirm their sentence. And he protested he had given Campegio no commands to make any delays, but only to give him notice of their proceedings. If the King, who had maintained the apostolic see, had written for the faith, and was the defender of it, would overturn it, it would end in his own disgrace. But at last the secret came out : for the Pope confessed there was a league in treaty between the Emperor and him- self; but denied that he had bound himself up by it as to the King's business. The Pope consulted with the Cardinals Sanctorum Quatuor and Simonetta (not mentioning the decretal to them, which he had granted without communicat- ing it to any body, or entering it in any register), and they were of opinion that the process should be carried on in England without demanding any thing further from Rome. But the imperial Cardinals spake against it, and were moving presently for an inhibition, and an avocation of the cause to be tried at the court of Rome. The Pope also took notice that the interces- sion of England and France had not prevailed with the Venetians to restore Cervia and Ravenna, which they had taken from him ; and that he could not think that republic durst do so, if these Kings were in earnest. It had been promised that they should be restored as soon as his Legate was sent to England ; but it was not yet done. The Proto-notary told him, it should most certainly be done. Thus ended that conversation. But the more earnest the Cardinal was to have the bull seen by some of the privy-council, the Pope was the more confirmed in his resolutions never to consent to it. For he could not imagine the desire of seeing it was a bare curiosity, or only to direct the King's counsellors ; since the King and the Cardinal 93 BURNET'S REFORMATION. could inform them of all the material clauses that were in it. Therefore he judged the desire of seeing it was only that they might have so many witnesses to prove that it was once granted, whereby they had the Pope in their power ; and this he judged too danger- ous for him to submit to. The Pope But the Pope finding the King and the Cardinal cTmpana so ill satisfied with him, resolved to send Francisco land" 8 Campana, one of his bed-chamber, to England, to re- coiiect. move all mistakes, and to feed the King with fresh ' hopes. In England, Campegio found still means by new delays to put off the business, and amused the King with new and subtle motions for ending the New am. matter more dexterously. Upon which, in the begin- seTuT 5 nm g f December, Sir Francis Brian and Peter Vannes, Rome, the King's secretary for the Latin tongue, were sent to Rome. They had it in commission to search all the records there, for the breve that was now so much talked of in Spain. They were to propose several wuh other overtures : "Whether if the Queen vowed religion, lres ' the Pope would not dispense with the King's second marriage ? Or, if the Queen would not vow religion unless the King also did it, whether in that case would the Pope dispense with his vow ? Or whether, if the Queen would hear of no such proposition, would not the Pope dispense with the King's having two wives, for which there were divers precedents vouched from the Old Testament ?" They were to represent to the Pope that the King had laid out much of his best treasure in his service, and therefore he expected the highest favours out of the deepest treasure of the NulT'i cnurcn - And Peter Vannes was commanded to tell the Pope as of himself, that if he did, for partial re- spects and fears, refuse the King's desires, he per- ceived it would not only alienate the King from him, but that many other princes, his confederates, with their realms, would withdraw their devotion and obe- dience from the apostolic see. two S thou. By a dispatch that followed them, the Cardinal tried a new project, which was an offer of two thou- Pope. sand men for a guard to the Pope, to be maintained PART I. BOOK II. 97 at the cost of the King and his confederates. And also proposed an interview of the Pope, the Emperor, the French King, and the ambassadors of other princes, to be either at Nice, Avignon, or in Savoy, and that himself would come thither from the King of England. But the Pope resolved steadfastly to keep his ground, and not to engage himself too much to any prince ; therefore, the motion of a guard did not at all work upon him. To have guards about him upon another prince's pay, was to be their prisoner ; and he was so weary of his late imprisonment, that he would not put himself in hazard of it a second time. Besides, such a guard would give the Emperor just cause of jealousy, and yet not secure him against his power. He had been also so unsuccessful in his con- tests with the Emperor, that he had no mind to give him any new provocation : and though the Kings of England and France gave him good words, yet they did nothing ; nor did the King make war upon the Emperor ; so that his armies lying in Italy, he was still under his power. Therefore the Pope resolved to The p op e unite himself firmly to the Emperor ; and all the use ^'hL" he made of the King's earnestness in his divorce, was ?? lf to the o^ Emperor* only to bring the Emperor to better terms. The Lutherans in Germany were like to make great use of any decision he might make against any of his pre- decessor's bulls. The Cardinal Elector of Mentz had written to him to consider well what he did in the King's divorce ; for if it went on, nothing had ever fallen out since the beginning of Luther's sect, that would so much strengthen it as that sentence. He Being was also threatened on the other side from Rome, that wi^ l d the Emperor would have a general council called, and * re " s of A. 1111 ., the I'pe- whatsoever he did in this process, should be examined rial *<. there, and be proceeded against accordingly. Nor did they forget to put him in mind of his birth, that he was a bastard, and so by the canon incapable of that dignity, and that thereupon they would depose him. He, having all these things in his prospect, and being naturally of a fearful temper, which was at this time more prevalent in him by reason of his late VOL. I. H 98 BURNET'S REFORMATION. captivity, resolved not to run these hazards, which seemed unavoidable if he proceeded farther in the King's business. But his constant maxim being to promise and swear deepest when he intended least, he sent Campana to England with a letter of credence to the Cardinal, the effects of which message will appear afterwards. Arid thus ended this year, in which it was believed, that if the King had employed that money, which was spent in a fruitless negocia- tion at Rome, on a war in Flanders, it had so dis- tracted the Emperor's forces, and encouraged the Pope, that he had sooner granted that, which in a more fruitless way was sought of him. j a n. 3, In the beginning of the next year, Cassali wrote to 1529 the Cardinal, that the Pope was much inclined to unite himself with the Emperor, and proposed to go in person to Spain, to solicit a general peace; but intended to go privately, and desired the Cardinal would go with him thither, as his friend and counsellor, and that they two should go as legates. But C assail, by Salviati's means, who was in great favour with the Pope, understood that the Pope was never in greater fear of the Emperor than at that time ; for his Ambassador had threatened the Pope severely, if he would not recal the commis- Reper , ts sion that he had sent to England ; so that the Pope his gram. S p O ke oft to Salviati of the great repentance that he ing the ii- n i l r t t decretal, had inwardly in his heart, tor granting the decretal : and said, He was undone for ever, if it came to the Emperor's knowledge. He also resolved, that though the Legates gave sentence in England, it should never take effect, for he would not confirm it : of which Gre- gory Cassali gave advertisement by an express mes- King's senger, who as he passed through Paris, met Secretary ^"J Knight and Doctor Bennet, whom the King had dis- cardinai. patched to Rome, to assist his other ambassadors there, arid gave them an account of his message : and that it was the advice of the King's friends at Rome, that he and his confederates should follow the war more vigo- rously, and press the Emperor harder, without which all their applications to the Pope would signify no- thing. Of this they gave the Cardinal an account, PART I. BOOK II. 99 and went on but faintly in their journey, judging that upon these advertisements they would be recalled, and other counsels taken. At the same time, the Pope was with his usual arts Jan. 9. cajoling the King's agents in Italy : for when Sir Fran- cis Brian and Peter Vannes came to Bononia, the pro- tonotary Cassali was surprised to hear that the busi- ness was not already ended in England; since, he said, he knew there were sufficient powers sent about it, and that the Pope assured him he would confirm their sen- tence ; but that he made a great difference between the confirming their judgment, by which he had the Legates between him and the envy or odium of it, and the granting a bull, by which the judgment should arise immediately from himself. This his best friends dissuaded ; and he seemed apprehensive, that in case he should do it, a council would be called, and he should be deposed for it. And any such distraction in the papacy, considering the footing which heresy had already gotten, would ruin the ecclesiastical state, and the church : so dexterously did the Pope govern himself between such contrary tides. But all this dis- simulation was short of what he acted by Campana in England, whose true errand thither was to order Cam- pegio to destroy the bull ; but he did so persuade the King and the Cardinal of the Pope's sincerity, that by a dispatch to Sir Francis Brian, and Peter Vannes, and *> Sir Gregory Cassali, he chid the two former for not making more haste to Rome ; for he believed it might have been a great advantage to the King's affairs, if they had got thither before the General of the Obser- vants (then Cardinal Angel). He ordered them to settle the business of the guard about the Pope pre- sently, and tells them that the Secretary was recalled, and Dr. Stephens again sent to Rome : and in a letter to Secretary Knight, who went no further than Lyons, he writ to him, "That Campana had assured the King But fe and -him in the Pope's name, that the Pope was ready to do, not only all that of law, equity, or justice, could P romi be desired of him, but whatever of the fulness of his power he could do or devise, for giving the King con- H 2 100 BURNET'S REFORMATION. tent: and that although there were three things which the Pope had great reason to take care of; the calling a general council, the Emperor's descent into Italy, and the restitution of his towns, which were offered to be put in his hands by the Emperor's means ; yet nei- ther these, nor any other consideration, should divert him from doing all that lay within his authority or power for the King : and that he had so deep a sense of the King's merits, and the obligations that he laid on him, that if his resignation of the popedom might do him any service, he would readily consent to it: and therefore in the Pope ? s name he encouraged the Legates to proceed and end the business." Upon these assurances, the Cardinal ordered the Secretary to haste forward to Rome, and to thank the Pope for that kind message, to settle the guard about him, and to tell him, that for a council, none could'be called but by himself, with the consent of the Kings of England and France. And for any pretended council, or meeting of bishops, which the Emperor by the car- dinals of his party might call, he needed not fear that : for his towns, they should be most certainly restored. Nor was the Emperor's offering to put them in his hand to be much regarded ; for though he restored them, if the Pope had not a better guarantee for them, it would be easy for him to take them from him when he pleased. He was also to propose a firmer league between the Pope, England, and France; in order to which, he was to move the Pope most earnestly to go to Nice; and if the Pope proposed the King's taking a second wife, with a legitimation of the issue which she might have, so the Queen might be induced to enter into a state of religion, to which the Pope inclined most, he was not to accept of that ; both because the thing would take up much time, and they found the Queen resolved to do nothing, but as she was advised by her nephews. Yet if the Pope offered a decretal about it, he might take it, to be made use of as the oc- casion might require. But by a postscript he is re- called, and it is signified to him, that Gardiner was sent to Rome to negociate these affairs, who had re- PART I. BOOK II. 101 turned to England with the Legate : and his being so successful in his former message, made them think him the fittest minister they could employ in that court; and to send him with the greater advantage, he was made a privy-counsellor. But an unlooked-for accident put a stop to all pro- n p p i < T-> TI T* i sickens. ceedmgs in the court 01 Rome, ror on hpiphany- day the Pope was taken extreme ill at mass, and a great sickness followed, of which it was generally be- lieved he could not recover; and though his distemper did soon abate so much, that it was thought to be over, yet it returned again upon him, insomuch that the phy- sicians did suspect he was poisoned. Then followed all the secret caballings and intrigues, which are ordi- nary in that court upon such an occasion. The Co- lonnas and the other Imperialists were very busy, but the Cardinal of Mantua opposed them ; and Farnese, who was then at his house in the country , came to Rome and joined with Mantua ; and these of that faction re- solved, that, if the Spanish army marched from Naples to ward them, they would dispense with that bull which provides that the succeeding Pope should be chosen in the same place where the former died, and would re- tire to some safe place. Some of the cardinals spoke highly in favour of Cardinal Wolsey, whom (if the am- j an . ST. bassadors did not flatter and lie grossly in their letters, from which I draw these informations) they reverenced as a deity. And the Cardinal of Mantua, it seems, proposing him as a pattern, would needs have a par- ticular account of his whole course of life, and ex- pressed great esteem for him. When Gardiner was come as far as Lyons, he wrote the Cardinal word, that there went a prophecy that an angel should be the next pope, but should die soon after. He also gave advice, that if the Pope died, the commission for the Legates must needs expire with him, unless they made some step in their business by a citation of parties, which would keep it alive; but whether this was done or not I cannot find. The Cardinal's ambition was now fer- S^*i menting strongly, and he resolved to lay his project j^ r for the popedom better than he had done before. His ;ues the 102 BURNET'S REFORMATION. Feb. e. letter about it to Gardiner, and the King's instructions to his ambassadors, are printed by Fox, and the ori- ginals from which they are taken are yet extant. He wrote also another letter to the ambassadors, which the collect, reader will find in the Collection. But because the ' instructions shew what were the methods in choosing popes in those days, by which it may be easily ga- thered how such an election must needs recommend a man to infallibility, supremacy, and all the other ap- pendages of Christ's Vicar on earth, I shall give a short summary of them. " By his letter to his confidant Gardiner, he com- mits the thing chiefly to his care, and orders him to employ all his parts to bring it to the desired issue, sparing neither presents nor promises ; and that as he saw men's inclinations or affections led them, whether to public or private concerns, so he should govern him- The King's self towards them accordingly. The instructions bear, uon^for that the King thought the Cardinal the fittest person the eiec- ^ succee( j to the papacy (they being advertised that the Pope was dead) ; that the French King did also of his own motion offer his assistance to him in it, and that, both for public and private ends, the Cardinal was the fittest. Therefore the ambassadors are re- quired, with all possible earnestness and vigour, to promote his election. A schedule of the cardinals' names is sent them, with marks to every one, whether he was like to be present or absent, favourable, in- different, or opposite to them. It was reckoned there could be but thirty-nine present, of which twenty-six were necessary to choose the Pope. Of these the two Kings thought themselves sure of twenty. So six was all the number that the ambassadors were to gain, and to that number they were first to offer them good rea- sons, to convince them of the Cardinal's fitness for the papacy. But because human frailty was such, that rea- son did not always take place, they were to promise promotions, and sums of money, with other good re- wards, which the King gave them commission to offer, and would certainly make them good : besides all the great preferments which the Cardinal had, that should tlOD. PART I. BOOK II. 103 be shared among those who did procure his election. The cardinals of their party were first to enter into a firm bond, to exclude all others. They were also to have some creatures of their's to go into the conclave to manage the business. Sir Gregory Cassali was thought fittest for that service. And if they saw the adverse party too strong in the conclave, so that they could carry nothing, then Gardiner was to draw a pro- testation, which should be made in the name of the two crowns ; and that being made, all the cardinals of their faction were to leave the conclave* And if the fear of the Emperor's forces overawed them, the ambassadors were to oifer a guard of two or three thousand men to secure the cardinals ; and the French King ordered his armies to move, if the Spanish troops did move either from Naples or Milan. They were also to assure them, that the Cardinal would presently upon his election come and live at Rome, and were to use all endeavours to gain the Cardinal de Medici to their faction ; but at the same time to assure the Florentines, that Wolsey would assist them to exclude the Medici out of the government of their town and state. They were also to have a strict eye upon the motions of the French factions, lest, if the Cardinal were excluded, they should consent to any other, and refuse to make the protestation as it was desired. But to oblige Campegio the more, it was added, that if they found all hopes of raising the Cardinal of York to vanish, then they should try if Campegio could be elected ; and in that case the cardinals of their faction were to make no protestation." These were the apostolical methods then used for choosing a successor to St. Peter ; for though a suc- cessor had been chosen to Judas by lot, yet more cau- tion was to be used in choosing one for the Prince of the Apostles. But when the Cardinal heard that the Pope was not dead, and that there was hope of his recovery, he wrote another long letter to the ambas- sadors (the original of which is yet extant), " to keep all their instructions about a new pope very secret, to be gaining as mahy cardinals as they could, and to 104 BURNET'S REFORMATION. take care that the cardinals should not go into the con- clave, unless they were free and safe from any fears Feb. 20. of the imperial forces. But if the Pope recovered, po e s L P nT they were to press him to give such orders about the ^ r ' c the King's business, that it might be speedily ended ; and then the Cardinal would come and wait on the Pope over to Spain, as he had proposed. And for the ap- prehensions the Pope had of the Emperor's being highly offended with him, if he granted the King's desire, or of his coming into Italy, he needed not fear him. They knew whatever the Emperor pretended about his obligation to protect his aunt, it was only for reason of state ; but if he were satisfied in other things, that would be soon passed over. They knew also that his design of going into Italy was laid aside for that year, because he apprehended that France and England would make war on him in other places. There were also many precedents found, of dispensa- tions granted by popes in like cases : and lately there had been one granted by Pope Alexander the Sixth to the King of Hungary, against the opinion of his cardinals, which had never been questioned :" and yet he could not pretend to such merits as the King had. And all that had ever been said in the King's cause was summed up in a short breviate by Cassali, collect, and offered to the Pope ; a copy whereof, taken from IT*"* 1 an original, under his own hand, the reader will find in the Collection. The King ordered his ambassadors to make as many cardinals sure for his cause as they could, who might bring the Pope to consent to it, if he were still averse. But the Pope was at this time possessed with a new jealousy, of which the French King was not free, as if the King had been tampering with the Emperor, and had made him great offers, so he would consent to the divorce ; about which Francis wrote an anxious letter to Rome, the original of which I have seen. The Pope was also surprised at it, and questioned the am- bassadors about it ; but they denied it, and said, the union between England and France was inseparable, and that these were only the practices of the Empe- PART I. BOOK II. 105 ror's agents to create distrust. The Pope seemed satis- fied with what they said, and added, " That in the present conjuncture a firm union between them was necessary." Of all this Sir Francis Brian wrote a long account in cipher. But the Pope's relapse put a new stop to business; Th e pope> of which the Cardinal being informed, as he ordered re the King's agents to continue their care about his pro- motion, so he charged them to see if it were " possible Ap r a 6. to get access to the Pope, and though he were in the very agony of death, to propose two things to him : the one, that he would presently command all the Another princes of Christendom to agree to a cessation of w^L. arms, under pain of the censures of the church, as ^^ 29 . Pope Leo and other popes had done ; and if he should^ die, he could not do a thing that would be more meritorious, and for the good of his soul, than to make that the last act of his life. The other thing was concerning the King's business, which he presseth as a thing necessary to be done, for the clearing and ease of the Pope's conscience towards God : and with- al, he orders them to gain as many about the Pope, and as many cardinals and officers in the Rota as they could, to promote the King's desires, whether in the Pope's sickness or health. The Bishop of Ve- rona had a great interest with the Pope ; so by that, and another dispatch of the same date (sent another way), they were ordered to gain him. promising him great rewards, pressing him to remain still about the Pope's person, to balance the ill offices which Car- dinal Angel and the Archbishop of Capua did, who never stirred from the Pope : and to assure that Bishop, that the King laid this matter more to heart than any thing that ever befel him ; and that it would trouble him as much to be overcome in this matter, by these two friars, as to lose both his crowns : and for my part (writes the Cardinal), I would expose any thing to my life, yea life itself, rather than see the in- conveniences that may ensue upon disappointing of the King's desire." For promoting the business, the French King sent the Bishop of Bayon to assist the 106 BURNET'S REFORMATION. English ambassadors, in his name, who was first sent over to England, to be well instructed there. They were either to procure a decretal for the King's divorce, or a new commission to the two Legates, with ampler clauses in it than the former had ; "To judge as if the Pope were in person, and to emit compulsory let- ters against any, whether emperor, king, or of what degree soever, to produce all manner of evidences or records, which might tend towards the clearing the matter, and to bring them before them." This was sought because the Emperor would not send over the pretended original breve to England, and gave only an attested copy of it to the King's ambassadors : lest, therefore, from that breve a new suit might be after- wards raised for annulling any sentence which the Legates should give, they thought it needful to have the original brought before them. In the penning of that new commission, Dr. Gardiner was ordered to have special care that it should be done by the best advice he could get in Rome. It appears also from this dispatch, that the Pope's pollicitation to confirm the sentence which the Legates should give was then in Gardiner's hands ; for he was ordered to take care that there might be no disagreement between the date of it and of the new commission. And when that was obtained, Sir Francis Brian was commanded to bring them with him to England. Or if neither a decretal nor a new commission could be obtained, then, if any other expedient were proposed, that upon good ad- vice should be found sufficient and effectual, they were to accept of it, and send it away with all possible diligence. And the Cardinal conjured them, " By the reverence of Almighty God, to bring them out of their perplexity, that this virtuous Prince may have this thing sped, which would be the most joyous thing that could befal his heart upon earth. But if all things should be denied, then they were to make their protes- tations, not only to the Pope, but to the cardinals, of the injustice that was done the King; and in the Car- dinal's name to let them know, that not only the King and his realm would be lost, but also the French King PART I. BOOK II. 107 and his realm, with their other confederates, would also withdraw their obedience from the see of Rome, which was more to be regarded than either the Emperor's displeasure, or the recovery of two cities." They were also to try what might be done in law by the cardinals in a vacancy, and they were to take good counsel upon some chapters of the canon law which related to that, and govern themselves accord- ingly, either to hinder an avocation or inhibition, or, if it could be done, to obtain such things as they could grant, towards the conclusion of the King's bu- siness. At this time, also, the Cardinal's bulls for the The bishoprick of Winchester were expedited ; they were " O a r l ' rated high, at fifteen thousand ducats ; for though the Cardinal pleaded his great merits, to bring the com- position lower, yet the cardinals at Rome said the apostolic chamber was very poor, and other bulls were then coming from France, to which the favour they should shew the Cardinal would be a precedent. But the Cardinal sent word, that he would not give past five or six thousand ducats, because he was ex- changing Winchester for Duresme ; and by the other they were to get a great composition. And if they held his bulls so high he would not have them ; for he needed them not, since he enjoyed already, by the King's grant, the temporalities of Winchester ; which it is very likely was all that he considered in a bishop- rick. They were at last expedited, at what rates I cannot tell ; but this I set down, to shew how severe the exactions of the court of Rome were. As the Pope recovered his health, so he inclined The p p* more to join himself to the Emperor than ever, and jdnwuh" was more alienated than formerly from the King and " O f the Cardinal ; which perhaps was increased by the distaste he took at the Cardinal's aspiring to the popedom. The first thing that the Emperor did in the King's cause, was to protest, in the Queen of w i> England's name, that she refused to submit to the j^uhe Legates. The one was the King's chief minister, and ^J her mortal enemy ; the other was also justly suspected, sion - since he had a bishoprick in England. The King's 108 BURNET'S REFORMATION. ambassador pressed the Pope much, not to admit the protestation ; but it was pretended that it could not be denied, either in law or justice. But that this might not offend the King, Salviati, that was the Pope's favourite, wrote to Campegio, that the protes- tation could not be hindered, but that the Pope did still most earnestly desire to satisfy the King, and that the ambassadors were much mistaken, who were so distrustful of the Pope's good mind to the King's cause. But now good words could deceive the King no longer, who clearly discovered the Pope's mind ; and being out of all hopes of any thing more from Rome, resolved to proceed in England before the Le- gates : and therefore Gardiner was recalled, who was thought the fittest person to manage the process in England, being esteemed the greatest canonist they had ; and was so valued by the King, that he would collect, not begin the process till he came. Sir Francis Brian imb ' 23 ' was also recalled ; and when they took leave of the Pope, they were ordered to expostulate in the King's name, " upon the partiality he expressed for the Em- peror, notwithstanding the many assurances that both the Legates had given the King, that the Pope would do all he could toward his satisfaction ; which was now so ill performed, that he expected no more jus- tice from him. They were also to say as much as they could devise in the Cardinal's name, to the same purpose, upon which they were to try, if it were pos- sible, to obtain any enlargement of the commission, with fuller power to the Legates ;" for they saw it was in vain to move for any new bulls or orders from The Pope the Pope about it. And though Gardiner had ob- notT e tained a pollicitation from the Pope, by which he bmlo koth bound himself not to recall the cause from the confirm u. Legates, and also to confirm their sentence, and had sent it over ; they found it was so conceived, that the Pope could go back from it when he pleased. So there was a new draught of a pollicitation formed, with more binding clauses in it, which Gardiner was to try if he could obtain by the following pretence : " He was to tell the Pope, that the courier to whom PART I. BOOK II. 109 he trusted it, had been so little careful of it, that it was all wet and defaced, and of no more use ; so that he durst not deliver it. And this might turn much to Gardiner's prejudice, that a matter of such concern was, through his neglect, spoiled : upon which he was to see if the Pope would renew it. If that could be obtained, he was to use all his industry to get as many pregnant and material words added, as might make it more binding. He was also to assure the Pope, that though the Emperor was gone to Barce- lona, to give reputation to his affairs in Italy, yet he had neither army nor fleet ready ; so that they needed not fear him. And he was to inform the Pope of the arts he was using both in the English and French courts to make a separated treaty ; but that all was to no purpose, the two Kings being so firmly linked together." But the Pope was so great a master in all the arts of dissimulation and policy, that he was not to be over-reached easily ; and when he under- stood that his pollicitation was defaced, he was in his heart glad at it, and could not be prevailed with to renew it. So they returned to England, and Dr. The Le- Bennet came in their place. He carried with him ^ to one of the fullest and most important dispatches that the Poye - I find in this whole matter, from the two Legates to the Pope and the consistory, who wrote to them, collect. " That they had in vain endeavoured to persuade Nl either party to yield to the other ; that the breve being shewed to them by the Queen, they found great and evident presumptions of its being a mere forgery ; and that they thought it was too much for them to sit and try the validity or authenticalness of the Pope's bulls or breves, or to hear his power of dispensing in such cases disputed ; therefore, it was more expedient to avocate the cause, to which the King would consent, if the Pope obliged himself, under his hand, to pass sentence speedily in his favour : but they rather ad- vised the granting a decretal bull, which would put an end to the whole matter ; in order to which, the bearer was instructed to shew very 'good precedents. But in the mean while, they advised the Pope to press 110 BURNET'S REFORMATION. the Queen most effectually to enter into a religious life, as that which would compose all these differences in the softest and easiest way. It pitied them to see the rack and torments of conscience under which the King had smarted so many years : and that the dis- putes of divines, and the decrees of fathers, had so disquieted him, that for clearing a matter thus per- plexed, there was not only need of learning, but of a more singular piety and illumination. To this were to be added, the desire of issue, the settlement of the kingdom, with many other pressing reasons : that as the matter did admit of no further delays, so there was not any thing in the opposite scale to balance these considerations. There were false suggestions surmised abroad, as if the hatred of the Queen, or the desire of another wife (who was not perhaps yet known, much less designed), were the true causes of this suit. But though the Queen was of a rough temper, and an unpleasant conversation, and was passed all hopes of children ; yet who could imagine that the King, who had spent his most youthful days with her so kindly, would now, in the decline of his age, be at all this trouble to be rid of her, if he had no other motives? But they, by searching his sore, found there was rooted in his heart, both an awe of God, and a respect to law and order ; so that though all his people pressed him to drive the matter to an issue, yet he would still wait for the decision of the apostolic see. Therefore, they most pressingly desire the Pope to grant the cure which his distemper required, and to consider that it was not fit to insist too much on the rigour of the law : but, since the soul and life of all the laws of the church was in the Pope's breast, in doubtful cases, where there was great hazard, he ought to mollify the severity of the laws ; which if it were not done, other remedies would be found out, to the vast prejudice of the ecclesiastical authority, to which many about the King advised him : there was reason to fear they should not only lose a King of England, but a Defender of the Faith. The no- bility and gentry were already enraged at the 'delay PART I. BOOK II. Ill of a matter in which all their lives and interests were so nearly concerned : and said many things against the Pope's proceedings, which they could not relate without horror. And they plainly complained, that whereas popes had made no scruple to make and change divine laws at their pleasure, yet one Pope sticks so much at the repealing what his predecessor did, as if that were more sacred, and not to be med- dled with. The King betook himself to no ill arts, neither to the charms of magicians, nor the forgeries of impostors ; therefore they expected such an answer as should put an end to the whole matter." But all these things were to no purpose : the Pope cam had taken his measures, and was not to be moved by {?* '' all the reasons or remonstrances the Ambassador could lay before him. The King had absolutely gained Campegio to do all he could for him with- out losing the Pope's favour. He led at this time a very dissolute life in England, hunting and gam- ing all the day long, and following whores all the night : and brought a bastard* of his own over to England with him, whom the King knighted : so that if the King sought his pleasure, it was no strange thing, since he had such a copy set him by two Legates, who representing his Holiness so lively in their manners, it was no unusual thing if a King had a slight sense of such disorders. The King wrote to his ambassadors, that he was satisfied ofApriio. Campegio's love and affection to him, and if ever he was gained by the Emperor's agents, he had said something to him, which did totally change that inclination. The Imperialists, being alarmed at the recalling of e Em- some of the English ambassadors, and being informed pTLs by the Queen's means, that they were forming the 1^,,,, process in England, put in a memorial for an avocation * Campegio's son is, by Hall, none of his flatterers, said to have been born in wedlock, i. e. before he took orders. This is also confirmed by Gauricus Genitor. 24. who says, he had by his wife three sons and two daughters. [The son who accompanied him to England was his second son, Ridolfo. The fact of his having been married before he took orders, seems clearly established see Dictwnnairc Historique, Art. Campegge (Laurent.) N.] 112 BURNET'S REFORMATION. of the cause to Rome. The ambassadors answered, that there was no colour for asking it, since there was nothing yet done by the Legates. For they had strict orders to deny that there was any process forming in England, even to the Pope himself in private, unless he had a mind it should go on ; but were to use all their endeavours to hinder an avocation, and plainly in the King's name to tell the Pope, that if he granted that, the King would look on it as a formal decision which the against him. And it would also be an high affront ZS," to the two Cardinals : and they were thereupon to oppose protest, that the King would not obey, nor consider the Pope any more, if he did an act of such high in- justice, as, after he had granted a commission, upon no complaint of any illegality, or unjust proceedings of the Legates, but only upon surmises and suspicions to take it out of their hands. But the Pope had not yet brought the Emperor to his terms in other things ; therefore, to draw him on the faster, he continued to The pope's give the English Ambassador good words; and in mufatl! discourse with Peter Vannes, did insinuate as if he had found a means to bring the whole matter to a good conclusion, and spoke it with an artificial smile, adding, " In the name of the Father," &c. but would not speak it out, and seemed to keep it up as a secret collect, not yet ripe. But all this did afterwards appear to be 5 ' the deepest dissimulation that ever was practised. And in the whole process, though the Cardinal studied to make tricks pass upon him, yet he was always too hard for them all at it ; and seemed as in- fallible in his arts of juggling, as he pretended to collect, be in his decisions. He wrote a cajoling letter to the Cardinal ; but words went for nothing. The rope Soon after this, the Pope complained much to Sir o? the "HO*. Gregory Cassali, of the ill usage he received from jST' tne French Ambassador, and that their confederates, the Florentines, and the Duke of Ferrara, used him so ill, that they would force him to throw himself into the Emperor's hands : and he seemed inclined to grant an avocation of the cause, and complained that there was a treaty of peace going on at Cambray, in which PART I. BOOK II. 113 he had no share. But the Ambassador undertook that nothing should be done to give him just offence ; yet the Florentines continued to put great affronts on him and his family ; and the Abbot of Farfa, their general, June is. made excursions to the gates of Rome ; so that the Pope, with great signs of fear, said, " That the Flo- rentines would some day seize on him, and carry him with his hands bound behind his back, in procession to Florence : and that all this while, the Kings of England and France did only entertain him with good words, and did not so much as restrain the insolencies of their confederates. And whereas they used to say, that if he joined himself to the Emperor, he would treat him as his chaplain ; he said with great commo- tion, that he would not only choose rather to be his chaplain, but his horse-groom, than suffer such injuries from his own rebellious vassals and subjects." This was perhaps set on by the Cardinal's arts, to let the Pope feel the weight of offending the King, and to oblige him to use him better : but it wrought a con- trary effect, for the treaty between the Emperor and him was the more advanced by it. And the Pope reckoned that the Emperor being (as he was informed) ashamed and grieved for the taking and sacking of Rome, would study to repair that by better usage for the future. The motion for the avocation was still driven on, Grew and pressed the more earnestly, because they heard ^"mlL the Legates were proceeding in the cause. But the vocation 11 i ift June 83- ambassadors were instructed by a dispatch from the collect. King, to obviate that carefully ; for as it would reflect Nl on the Legates, and defeat the commission, and be a gross violation of the Pope's promise, which they had in writing ; so it was more for the Pope's interest, to leave it in the Legate's hands, than to bring it before himself; for then, whatever sentence passed, the ill effects of it would lie on the Pope without any inter- position. And as the King had very just exceptions to Rome, where the Emperor's forces lay so near, that no safety could be expected there ; so they were to tell the Pope that, by the laws of England, the pre- VOL. 1. I 114 BURNET'S REFORMATION. rogative of the crown royal was such, that the Pope could do nothing that was prejudical to it : to which the citing the King to Rome, to have his cause decided there, was contrary in a high degree. And if the Pope went on, notwithstanding all the diligence they could use to the contrary, they were, by another dis- patch which Gardiner sent, ordered to protest and ap- peal from the Pope as " not the true Vicar of Christ, to a true Vicar." But the King upon second thoughts judged it not fit to proceed to this extremity so soon. They were also ordered to advertise the Pope, that all the nobility had assured the King, they would adhere to him, in case he were so ill used by the Pope, that he were constrained to withdraw his obedience from the apostolic see ; and that the Cardinal's ruin was unavoidable, if the Pope granted the avocation. The Emperor's agents had pretended they could not send the original breve into England, and said their master would send it to Rome, upon which the ambassadors had solicited for letters compulsory, to require him to send it to England ; yet, lest that might now be made an argument by the Imperialists for an avocation, they were ordered to speak no more of it, for the Legates would proceed to sentence, upon the attested copy that was sent from Spain. The ambassadors had also orders to take the best counsel in Rome about the legal ways of hindering an avocation. But they found it was not fit to rely much on the lawyers in that matter. For as, on the one hand, there was no secrecy to be expected from any of them, they having such expectations of preferments from the Pope (which were beyond all the fees that could be given them), that they discovered all secrets to him ; so none of them would be earnest to hinder an avocation, it being their interest to bring all matters to Rome, by which they might hope for much greater fees. And Salviati, whom the ambassadors had gained, told them, that Campana brought word out of England, that the process was then in a good forward- ness. They with many oaths denied there was any such thing, and Silvester Darius, who was sent express PART I. BOOK II. 115 to Rome for opposing the avocation, confirmed all that they swore. But nothing was believed ; for, by a secret conveyance, Campana had letters to the con- trary. And when they objected to Salviati, what was promised by Campana in the Pope's name, that he would do every thing for the King " that he could do out of the fulness of his power ;" he answered, " that Campana swore he had never said any such thing." So hard is the case of ministers in such ticklish nego- tiations, that they must say and unsay, swear and for- swear, as they are instructed, which goes of course as a part of their business. But now the Legates were proceeding in England : The Le- of the steps in which they went, though a great deal be &,gi^d. w already published, yet considerable things are passed over. On the 31st of May, the King, by a warrant under the great seal, gave the Legates leave to execute their commission, upon which they sate, that same day. The commission was presented by Lonerland, Ori e Jour - i . \ * j . , 1-1 AJ ir> C 011 - Ub. bishop ot Lincoln, which was given to the rroto- vitei. B. notary of the court, and he read it publicly: then the 13 ' Legates took it in their hands, and said, they were re- solved to execute it : and first gave the usual oaths to the clerks of the court, and ordered a peremptory cita- tion of the King and Queen to appear on the 1 8th of June, between nine and ten o'clock ; and so the court adjourned. The next sessions was on the 18th of June, where the citations being returned duly ex- ecuted, Richard Sampson, dean of the chapel, and Mr. John Bell, appeared as the King's proxies. But the Queen appeared in person, and did protest against the Legates as incompetent judges, alleging that the cause was already avocated by the Pope, and desired a competent time in which she might prove it. The Legates assigned her the 2 1st, and so adjourned the court till then. About this time there was a severe complaint exhi- A Mvere bited against the Queen in council, of which there is !!& an account given in a paper, that has somewhat writ- Qae * n ' ten at the conclusion of it with the Cardinal's own hand. " The substance of it is, That they were in- i 2 116 BURNET'S REFORMATION. formed some designed to kill the King or the Cardi- nal ; in which, if she had any hand, she must not ex- pect to be spared. That she had not shewed such love to the King, neither in bed nor out of bed as she ought. And now that the King was very pensive and in much grief, she shewed great signs of joy, setting on all people to dancings and other diversions. This it seemed she did out of spite to the King, since it was contrary to her temper and ordinary behaviour. And whereas she ought rather to pray to God to bring this matter to a good conclusion, she seemed not at all se- rious ; and that she might corrupt the people's affec- tions to the King;, she shewed herself much abroad, O' ' and by civilities, and gracious bowing her head, which had not been her custom formerly, did study to work upon the people; and that, having the pretended breve in her hands, she would not shew it sooner. From all which the King concluded that she hated him : there- O fore his council did not think it advisable for him to be any more conversant with her, either in bed or at board. They also in their consciences thought his life was in such danger, that he ought to withdraw himself from her company, and not suffer the Princess to be with her. These things were to be told her, to induce her to enter into a religious order, and to persuade her to submit to the King." To which paper, the Car- Quod dinal added in Latin, " That she played the fool, if she fadt, S i contended with the King, that her children had not c^lje, been blessed ; and somewhat of the evident suspicions q wd male that were of the forgery of the breve." But she had Mi sue- . eessit in a constant mind, and was not to be threatened to any f de'b^vi thing. On the 2 1st of June, the court sate ; the King "cl^jai- an ^ Q ueen were present in person. Campegio made titatis. a long speech of the errand they were come about :* itdotlea " That it was a new, unheard of, vile, and intolerable appear in thing, for the King and Queen to live in adultery, or * mutt ra ther incest ;" which they must now try, and proceed servant- as they saw just cause. And both the Legates made deli sub- , J . _ , . , f i i dito re- deep protestations ot the sincerity ot their minds, and that they would proceed justly and fairly without any favour or partiality. PART I. BOOK II. 117 As for the formal speeches which the King and Queen made, Hall, who never failed in trifles, sets them down, which I incline to believe they really spoke ; for with the journals of the court I find those speeches written down, though not as a part of the journal. But here the Lord Herbert's usual diligence fails him ; for he fancies the Queen never appeared after the 1 8th, upon which, because the journal of the next sessions are lost, he infers, against all the histories of that time, that the King and the Queen were not in court together. And he seems to conclude, that the 25th of June was the next session after the .1 8th, but in that he was mistaken : for, by an original letter of collect, the King's to his ambassadors, it is plain that both the Nl King and Queen came in person into the court; where they bothsate, with their counsel standing about them; the Bishops of Rochester and St. Asaph, and Doctor Ridley being the Queen's counsel. When the King and Queen were called on, the King answered, " Here ;" but the Queen left her seat, and went and kneeled down before him, and made a speech, that had all the insinuations in it to raise pity and compassion in the court. She said, " She was a poor woman, and The a stranger in his dominions, where she could neither expect good counsel, nor indifferent judges ; she had been long his wife, and desired to know wherein she had offended him : she had been his wife twenty years and more, and had borne him several children, and had ever studied to please him ; and protested he had found her a true maid, about which she appealed to his own conscience. If she had done any thing amiss, she was willing to be put away with shame. Their parents were esteemed very wise princes, and no doubt had good counsellors and learned men about them when the match was agreed : therefore, she would not submit to the court, nor durst her lawyers, who were his subjects, and assigned by him, speak freely for her. So she desired to be excused till she heard from Spain." That said, she rose up, and made the King a low reverence, and went out of the court. And though they called after her, she made no an- 118 BURNET'S REFORMATION. swer, but went away, and would never again appeal- in court. The King She being gone, the King did publicly declare, what ^oLtof a true and obedient wife she had always been, and pu, 5 """ commended her much for her excellent qualities. Then the Cardinal of York desired the King would witness, whether he had been the first or chief mover of that matter to him, since he was suspected to have done it. In which the King did vindicate him, and said, That he had always rather opposed it,* and pro- tested it arose merely out of a scruple in his conscience, which was occasioned by the discourse of the French Ambassador ; who, during the treaty of a match be- tween his daughter and the Duke of Orleans, did ex- cept to her being legitimate, as begotten in an unlaw- ful marriage : upon which he resolved to try the law- fulness of it, both for the quiet of his conscience, and for clearing the succession of the crown : and if it were found lawful, he was very well satisfied to live still with the Queen. But upon that, he had first moved it in confession to the Bishop of Lincoln ; then he had desired the Archbishop of Canterbury to gather the opinion of the bishops, who did all, under their hands and seals, declare against the marriage. This the Archbishop confirmed, but the Bishop of Rochester denied his hand was at it. And the Archbishop pre- tended he had his consent to make another write his name to the judgment of the rest, which he positively denied. The court adjourned to the 25th, ordering letters monitory to be issued out for citing the Queen to ap- * See before, p. 85. the King himself did not probably see very clearly the drift of Wolsey's measures ; some of which, indeed, appear to have been studi- ously concealed from him. See Strype's Memorials, and Turner's Modern History of England, anno 1527. In Granger's corrections of Bumet, usually printed at the end of the History of the Reformation, as having been submitted to Burnet him- self, the King's declaration is judged to be a decided vindication of Wolsey, and ' sufficient ground for Lord Herbert's suspicion, that the Cardinal did not really intend the divorce, which occasioned some surprise to Burnet, as expressed p. 85. The truth probably is, as Mr. Turner observes, that the Cardinal's " plan was to have the credit and merit of pronouncing and producing the divorce himself ;" p. 438. Whenever this plan was interrupted/his measures and conduct became equivocal. Letters of the Cardinal, only recently brought to light, tend to shew that he was the chief agent from the very beginning of things. See Turner's xxtb chapter, B. 1. PART I. BOOK II. 119 pear, under pain of contumacy. But on the 25th was The brought in her appeal to the Pope, the original of ^^ which is extant, every page being both subscribed and superscribed by her. She excepted both to the place, to the judges, and to her counsel, in whom she could not confide; and therefore appealed, and desired her cause might be heard by the Pope, with many things out of the canon law, on which she grounded it. This being read, and she not appearing, was declared con- tumax. Then the Legates being to proceed ex officio, drew up twelve articles, upon which they were to ex- Article. amine witnesses. The substance of them was, " That j' Prince Arthur and the King were brothers ; that Prince Arthur did marry the Queen, and consummated the marriage; that upon his death, the King, by virtue of a dispensation, had married her ; that this marrying his brother's wife was forbidden both by human and divine law ; and that upon the complaints which the Pope had received, he had sent them now to try and judge in it." The King's counsel insisted most on Prince Arthur's having consummated the marriage, and that led them to say many things that seemed in- decent ; of which the Bishop of Rochester complained, and said they were things detestable to be heard : but Cardinal Wolsey checked him, and there passed some sharp words between them. The Legates proceeded to the examination of wit- upon nesses, of which I shall say little, the substance of Te^^ their depositions being fully set down, with all their examin - d - names, by the Lord Herbert. The sum of what was most material in them, was, that many violent presump- tions appeared by their testimonies, that Prince Arthur did carnally know the Queen. And it cannot be ima- gined how greater proofs could be made twenty-seven years after their marriage. Thus the court went on several days examining witnesses; but as the matter was going on to a conclusion, there came an avocation from Rome : of which I shall now give an account. The Queen wrote most earnestly to her nephews to dbg~ procure an avocation ; protesting she would suffer any ^ t thing, and even death itself, rather than depart from 120 BURNET'S REFORMATION. her marriage ; that she expected no justice from the Legates, and therefore looked for their assistance, that her appeal being admitted by the Pope, the cause AII this might be taken out of the Legates' hands. Campegio from^e did also give the Pope an account of their progress, original an( ] by a u means advised an avocation ; for by this, he letters, . J . . . . ITT" ITI June 28 thought to excuse himselt to the King, to oblige the My' Emperor much, and to have the reputation of a man and 9. o f conscience. The Emperor and his brother Ferdinand sent their ambassadors at Rome orders, to give the Pope no rest till it were procured ; and the Emperor said, He would look on a sentence against his aunt as a dishonour to his family, and would lose all his kingdoms sooner than endure it. And they plied the Pope so warmly, that between them and the English ambassadors, he had for some days very little rest. To the one he was kind, and to the other he resolved to be civil. The English ambassadors met often with Salviati, and studied to per- suade him, that the process went not on in England ; but he told them their intelligence was so good, that whatever they said would not be believed. They next suggested, that it was visible Campegio's advising an avocation was only done to preserve himself from the envy of the sentence, and to throw it wholly on the Pope : for were the matter once called to Rome, the Pope must give sentence one way or another, and so bear the whole burden of it. There were also secret surmises of deposing the Pope, if he went so far ; for seeing that the Emperor prevailed so much by the ter- rors of that, the Cardinal resolved to try what opera- tion such threatenings in the King's name might have. But they had no armies near the Pope, so that big v/ords did only provoke and alienate him the more. The matter was such, that by the canon law it could not be denied. For to grant an avocation of a cause upon good reason, from the delegated to the supreme court, was a thing which by the course of law was very usual : and it was no less apparent that the rea- sons of the Queen's appeal were just and good. But the secret and most convincing motives, that wrought PART I. BOOK II. 121 more on the Pope than all other things, were, that The Pope the treaty between him and the Emperor was now^["^ e concerted : therefore this being to be published very ^P*- speedily, the Pope thought it necessary to avocate the matter to Rome, before the publication for the peace ; lest, if he did it after, it should be thought that it had been one of the secret articles of the treaty, which would have cast a foul blot upon him. Yet, on the other hand, he was not a little perplexed with the fears he had of losing the King of England ; he knew he was a man of a high spirit, and would resent what he did severely. " And the Cardinal now again collect. ordered Dr. Bennet, in his name, and as with tears in Nl his eyes, lying at the Pope's feet, to assure him, that the King and kingdom of England were certainly lost, if the cause were avocated : therefore, he besought him to leave it still in their hands, and assured him, that for himself, he should rather be torn in pieces, joint by joint, than do any thing in that matter con- trary to his conscience or to justice." These things Yetisin had been oft said, and the Pope did apprehend that ill effects would follow ; for if the King fell from his obedience to the apostolic see, no doubt all the Luthe- ran princes who were already bandying against the Em- peror, would join themselves with him ; and the inte- rests of France would most certainly engage that King also into the union, which would distract the church, give encouragement to heresy, and end in the utter ruin of the popedom. But in all this the crafty Pope comforted himself, that many times threatenings are not intended to be made good, but are used to terrify ; and that the King, who had written for the faith against Luther, and had been so ill used by him, would never do a thing that would sound so ill, as, because he could not obtain what he had a mind to. therefore to turn heretic : he also resolved to caress the French King much, and was in hopes of making peace between the Emperor and him. But that which went nearest the Pope's heart, of all other things, was the setting up of his family at Flo- rence: and the Emperor having given him assurance 122 BURNET'S REFORMATION. of that, it weighed down all other considerations. Therefore, he resolved he would please the Emperor, but do all he could not to lose the King: so on the 9th of July, he sent for the King's ambassadors, and told them, the process was now so far set on in England, and the avocation so earnestly pressed, that he could deny it no longer; for all the lawyers in Rome had told him, the thing could not be denied in the common course of justice. Upon this the ambassadors told him what they had in commission to say against it, both from the King and the Cardinal, and pressed it with great vehemence : so that the Pope, by many sighs and tears, shewed how deep an impression that which they said made upon him ; he wished himself dead, that he might be delivered out of that martyrdom : and added these words, which, because of their savouring so much of an apostolical spirit, I set down : " Woe is me, nobody apprehends all those evils better than I do. But I am so between the hammer and the forge, that when I would comply with the King's desires, the whole storm then must fall on my head ; and, which is worse, on the church of Christ." They did object the many promises he had made them, both by word of mouth, and under his hand. He answered, " He desired to do more for the King than he had pro- mised ; but it was impossible to refuse what the Em- peror now demanded, whose forces did so surround him, that he could not only force him to grant him jus- tice, but could dispose of him and all his concerns at his pleasure." The ambassadors, seeing the Pope was resolved to grant the avocation, pressed against it no further, but studied to put it off for some time : and therefore pro- posed, that the Pope would himself write about it to the King, and not grant it till he received his answer. Of all this they gave advertisement to the King, and wrote to him, that he must either drive the matter to a sentence in great haste, or, to prevent the affront of an avocation, suspend the process for some time. They also advised the searching all the packets that, went or came by way of Flanders ; and to keep up all Cam- PART I. BOOK II. 123 pegio's letters, and to take care that no bull might come to England ; for they did very much apprehend that the avocation would be granted within very few days. Their next dispatch bore, that the Pope had July 26. sent for them, to let them know that he had signed the avocation the day before. But they understood an- The avo- other way, that the treaty between the Emperor and him was finished, and the peace was to be proclaimed on the 1 8th of July ; and that the Pope did not only fear the Emperor more than all other princes, but that he also trusted him more now. On the 19th of July, collect. the Pope sent a messenger with the avocation to Eng- Nl land, with a letter to the Cardinal. To the King he wrote afterwards. All this while Campegio, as he had orders from the The P io- Pope to draw out the matter by delays, so he did it IT&"** very dexterously : and in this he pretended a fair ex- **&** cuse. that it would not be for the King's honour to precipitate the matter too much, lest great advantages might be taken from that by the Queen's party. That, therefore, it was fit to proceed slowly, that the world might see with what moderation as well as justice the matter was handled. From the 25th of June, the court adjourned to the 28th, ordering a second citation for the Queen, under the pains of contumacy, and of their proceeding to examine witnesses. N And on the 28th, they declared the Queen contumacious the second time; and examined several witnesses upon the arti- cles, and adjourned to the 5th of July : on that day the bull and breve were read in court, and the King's counsel argued long against the validity of the one, and the truth of the other, upon the grounds that have been already mentioned ; in which Campegio was much disgusted to hear them argue against the Pope's power, of granting such a dispensation in a matter that was against a divine precept, alleging that his power did not extend so far. This the Legates over- ruled, and said, That that was too high a point for them to judge in, or so much as to hear argued ; and that the Pope himself was the only proper judge in that : " and it was odds but he would judge favour- 124 BURNET'S REFORMATION. ably for himself." The court adjourned to the 12th, and from that to the 14th. On these days the depo- sitions of the rest of the witnesses were taken, and some that were ancient persons were examined by a com- mission from the Legates ; and all the depositions were published on the 17th ; other instruments re- lating to the process, were also read and verified in court. On the 21st, the court sate to conclude the matter, as was expected, and the instrument that the King had signed when he came of age, protesting that he would not stand to the contract made when he was under age, was then read and verified. Upon which the King's counsel (of whom Gardiner was the chief) closed their evidence, and summed up all that had AH things been brought ; and, in the King's name, desired sen- forTs^ tence might be given. But Campegio, pretending tence - that it was fit some interval should be between that and the sentence, put it off till the 23d, being Friday ; and in the whole process he presided, both being the ancienter cardinal,* and chiefly to shew great equity ; since exceptions might have been taken, if the other had appeared much in it ; so that he only sate by him for form : but all the orders of the court were still directed by Campegio. On Friday there was a great appearance, and a general expectation ; but, by a strange surprise, Campegio adjourned the court to tne 1 st of October, for which he pretended that they sate there as a part of the consistory of Rome, and therefore must follow the rules of that court, which, from that time till October, was in a vacation, and heard no causes : and this he averred to be true on the word of a true prelate. The King was in a chamber very near, where he heard what passed, and was inexpressibly surprised at it. The Dukes of Norfolk and Suffolk were in court, and complained much of this delay ; and pressed the Legates to give sentence. Campegio * Campegio might take upon him to direct the process, as being sent ex- press from Rome, or to avoid the imputation that might have been cast on the proceedings, if Wolsey had done it ; but he was not the ancienter cardinal, for Wolsey was made alone Sept. 7, lalo ; and Campegio, with many more, was advanced July 1, 1517. PART I. BOOK II. 125 answered, that what they might then pronounce would be of no force, as being in vacation-time ; but gave great hopes of a favourable sentence in the be- ginning of October. Upon which the lords spake very high. And the Duke of Suffolk, with great com- motion, swore " by the mass, that he saw it was true which had been commonly said, That never cardinal yet did good in England ;" and so all the temporal lords went away in a fury, leaving the Legates (Wolsey wwch especially) in no small perplexity. Wolsey knew it IST would be suspected that he understood this beforehand, and that it would be to no purpose for him, either to say he did not know, or could not help it ; all apolo- gies being ill heard by an enraged Prince. Campegio had not much to lose in England but his bishoprick of Salisbury, and the reward he expected from the King, which he knew the Emperor and the Pope would plen- tifully make up to him. But his colleague was in a worse condition ; he had much to fear because he had much to lose : for as the King had severely chid him woisey' for the delays of the business, so he was now to expect danser " a heavy storm from him ; and, after so long an admi- nistration of affairs by so insolent a favourite, it was not to be doubted, but as many of his enemies were joining against him, so matter must needs be found to work his ruin with a Prince that was alienated from him : therefore, he was under all the disorders which a fear that was heightened by ambition and covetous- ness could produce. But the King governed himself upon this occasion, with more temper than could have been expected from a man of his humour : therefore, as he made no great show of disturbance, so, to divert his uneasy thoughts, he went his progress. Soon after, he re- ceived his agent's letter from Rome, and made Gar- diner (who was then secretary of state) write to the Cardinal, to put Campegio to his oath, whether he had revealed the King's secrets to the Pope or not ? And if he swore he had not done it, to make him swear he should never do it. A little after that, the messenger came from Rome with a breve to the Le- J26 BURNET'S REFORMATION. gates, requiring them to proceed no further, and with An g . *. an avocation of the cause to Rome ; together with letters citatory to the King and Queen to appear there in person, or by their proxies. Of which when the King was advertised, Gardiner wrote to the Cardinal by his order, That the King would not have the letters citatory executed, or the commission discharged by virtue of them ; but that upon the Pope's breve to them, they should declare their commission void : for he would not suffer a thing so much to the prejudice of his crown, as a citation be made to appear in an- other court, nor would he let his subjects imagine that he was to be cited out of his kingdom. This was the first step that he made for the lessening of the Pope's power : upon which, the two Cardinals (for they were legates no longer) went to the King at Grafton. It was generally expected that Wolsey should have been disgraced then, for not only the King was offended with him, but he received new in- formations of his having juggled in the business, and that he secretly advised the Pope to do what was done. This was set about by some of the Queen's agents, as if there was certain knowledge had of it at Rome ; and it was said, that some letters of his to the Pope were by a trick found and brought over to England. The Emperor looked on the Cardinal as his inveterate enemy, and designed to ruin him if it was possible ; nor was it hard to persuade the Queen to concur with him to pull him down. But all this seems an artifice of their's only to destroy him. For the earnestness the Cardinal expressed in this matter was such, that either he was sincere in it, or he was the best at dissembling that ever was. But these suggestions were easily infused in the King's angry mind : so strangely are men turned by their affections, that sometimes they will believe nothing, and at other times they believe every thing. Yet when the Car- dinal with his colleague came to court, they were re- ceived by the King with very hearty expressions of kindness ; and Wolsey was often in private with him, sometimes in presence of the council, and sometimes PART I. BOOK II. 127 alone : once he was many hours with the King alone, and when they took leave he sent them away very obligingly. But that which gave Cardinal Wolsey sept. 23, the most assurance was, that all those who were ad- ^^ r mitted to the King's privacies, did carry themselves j^ 1 ' towards him as they were wont to do ; both the Duke ^y of Suffolk, Sir Thomas Boleyn, then made viscount of Rochford, Sir Brian Tuke, and Gardiner ; conclud- ing, that from the motions of such weathercocks the air of the Prince's affections was best gathered. Anne Boleyn was now brought to -the court again, Anne out of which she had been dismissed for some time, for f e ^ silencing the noise that her being at court during the to court - process would have occasioned. It is said, that she took her dismission so ill, that she resolved never again to return ; and that she was very hardly brought to it afterwards, not without threatenings from her father. But of that nothing appears to me ; only this I find, that all her former kindness to the Cardinal was now turned to enmity, so that she was not want- ing in her endeavours to pull him down. But the King being reconciled to her, and, as it is ordinary after some intermission and disorder between lovers, his affection increasing, he was casting about for overtures how to compass what he so earnestly desired. Sometimes he thought of procuring a new commission : but that was not advisable, for after a long dependance it might end as the former had done. Then he thought of breaking off with the Pope ; but there was great danger in that, for besides that in his own persuasion, he adhered to all the most important parts of the Roman religion, his subjects were so ad- dicted to it, that any such a change could not but seem full of hazard. Sometime he inclined to con- federate himself with the Pope and Emperor, for now there was no dividing of them, till he should thereby bring the Emperor to yield to his desires. But that was against the interests of his kingdom, and the Emperor had already proceeded so far in his opposi- tion, that he could not be easily brought about. While his thoughts were thus divided, a new pro- divorce. 128 BURNET'S REFORMATION. cranmer-s position was made to him, that seemed the most rea- uTabout sonable and feasible of them all. There was one the King's j) r Cranmer, who had been a Fellow of Jesus College in Cambridge ; but having married, forfeited his fel- lowship ; yet continued his studies, and was a reader of divinity in Buckingham College. His wife dying, he was again chosen Fellow of Jesus College ; and was much esteemed in the university for his learning, which appeared very eminently on all public occasions. But he was a man that neither courted preferment, nor did willingly accept of it when offered. And there- fore, though he was invited to be a reader of divinity in the Cardinal's College, at Oxford, he declined it. He was at this time forced to fly out of Cambridge from a plague that was there, and having the sons of one Mr. Cressy, of Waltham Cross, committed to his charge, he went with his pupils to their father's house at Waltham. There he was when the King returned from his progress, who took Waltham in his way, and lay a night there. The harbingers having appointed Gardiner and Fox, the King's secretary and almoner, to lie at Mr. Cressy 's house, it so happened that Cranmer was with them at supper. The whole dis- course of England being then about the divorce, these two courtiers, knowing Cranmer's learning and solid judgment, entertained him with it, and desired to hear his opinion concerning it. He modestly declined it; but told them, that he judged it would be a shorter and safer way once to clear it well, if the marriage was unlawful in itself, by virtue of any divine precept : for if that were proved, then it was certain, that the Pope's dispensation could be of no force to make that lawful, which God had declared to be unlawful. Therefore he thought that, instead of a long fruitless negotiation at Rome, it were better to consult all the learned men, and the universities of Christendom; for if they once declared it in the King's favour, then the Pope must needs give judgment ; or otherwise, the bull being of itself null and void, the marriage would be found sinful, notwithstanding the Pope's dispensa- tion. This seemed a very good motion, which they C, Fiiccm [> PART I. BOOK II. 129 resolved to offer to the King ; so next night, when he came to Greenwich, they proposed it to him ; but with this difference, that Gardiner had a mind to make it pass for their own contrivance ; but Fox, who was of a more ingenuous nature told the King from whom they had it. He was much affected with it, so soon Approved as he heard it, and said, had he known it sooner, it ^4* would have saved him a vast expense and much trouble ; and would needs have Cranmer sent for to court, saying, in his coarse way of speaking, " That he had the sow by the right ear." So he was sent for to court, and being brought before the King, he carried himself so, that the King conceived a high opinion of his judgment and candour, which he pre- served to his death, and still paid a respect to him, beyond all the other churchmen that were about him : and though he made more use of Gardiner in his business, whom he found a man of great dexterity and cunning ; yet he never had any respect for him : but for Cranmer, though the King knew that in many things he differed from him, yet, for all his being so impatient of contradiction, he always reverenced him. He was soon looked on as a rising churchman, and And he the rather because the Cardinal was now declining; for ^ eme ,\ in the following Michaelmas term, the King sent for by kim< the great seal, which the Cardinal at first was not will- ing to part with. But the next day the King wrote to The c ar him, and he presently delivered it to the Dukes of j^'" Norfolk and Suffolk. It was offered back again to Warham, archbishop of Canterbury ; but he being very old, and foreseeing great difficulties in the keep- ing of it, excused himself. So it was given to Sir Thomas More, who was not only eminent in his own profession, but in all other learning ; and was much esteemed for the strictness of his life, and his contempt of money. He was also the more fit to be made use of, having been in ill terms with the Cardinal. Soon after, Hales, the attorney-general, put in an informa- tion against the Cardinal in the King's Bench ; bear- ing, " that notwithstanding the statute of Richard II. against the procuring bulls from Rome, under the VOL. r. K 130 BURNET'S REFORMATION. pains of premunire, yet he had procured bulls for his legantine power, which he had for many years exe- cuted ; and some particulars, for form, were named out of a great many more." To this he put in his an- swer, by his attorney, and confessed the indictment, but pleaded his ignorance of the statute, and submitted himself to the King's mercy. Upon this it was de- clared, that he was out of the King's protection, and that he had forfeited his goods and chattels to the King, and that his person might be seized on. Then was his rich palace of York House (now Whitehall), with all that vast wealth and royal furniture that he had heaped together (which was beyond any thing that had ever been seen in England before), seized on for the King.* But it seems the King had not a mind to destroy him outright, but only to bring him lower, and to try if the terror of that would have any influ- Roi. Pat. ence on fl^ p pe : therefore, on the 21st of Novem- vices. ber, the King granted him first his protection, and Regni. then his pardon, and restored him to the archbishop- Feb.ia. r j c k o f York, and the bishoprick of Winchester, and gave him back in money, goods, and plate, that which amounted to 6374/. 3s. 7d. and many kind messages were sent him, both by the King and Anne Boleyn. The mean. B u j- as ne h a( j carried his greatness with most extra- ness of his . . . ill temper, vagant pride, so he was no less basely cast down with his misfortune ; and having no ballast within himself, but being wholly guided by things without him, he was lifted up, or cast down, as the scales of fortune turned : yet his enemies had gone too far, ever to suifer a man of his parts or temper to return to favour. And therefore they so ordered it, that a high charge of many articles was brought against him, into the House of Lords, in the parliament that sate in November follow- ing; and it passed there, where he had but few friends, and many and great enemies. But when the charge was sent down to the House of Commons, it was so managed by the industry of Cromwell, who had been * The house of his see could not be forfeited, or seized; it was conveyed over by him to the King (the conveyance confirmed by the dean and chapter of York). See his Life by Cavendish, chap. 18. PART I. BOOK II. 131 his servant, that it came to nothing. The heads of it have been oft printed, therefore I shall not repeat them ; they related chiefly to his legantine power, con- trary to law, to his insolence and ambition, his lewd life, and other things that were brought to defame as well as destroy him. All these things did so sink his proud mind, that a deep melancholy overcame his spirits. The King The Km : sent him frequent assurances of his favour, which he *"" r ^~ received with extravagant transports of joy, falling ^m. down on his knees in the dirt before the messenger that brought one of them, and holding up his hands for joy, which shewed how mean a soul he had, and that, as himself afterwards acknowledged, " He pre- ferred the King's favour to God Almighty's." But the King found they took little notice of him at Rome ; the Emperor hated him, and the Pope did not love him, looking on him as one that was almost equal to himself in power : and though they did not love the precedent to have a cardinal so used, yet they were not much troubled at Rome to see it fall on him. So in Easter week, he was ordered to go north, though he had a great mind to have stayed at Richmond. But that was too near the court, and his enemies had a mind to send him further from it. Accordingly he went to Cawood in Yorkshire, in which journey it appears, that the ruins of his state were considerable, for he travelled thither with one hundred and sixty horse in his train, and seventy-two carts following him, with his household stuff. To conclude his story all at once, he was, in No- n e .-, vember the next year, seized on by the Earl of Nor- *['! thumberland, who attached him for high treason, and for | rea - committed him to the keeping of the Lieutenant of the Tower, who was ordered to bring him up to Lon- don. And even then he had gracious messages from the King ; but these did not work much on him, for whether it was that he knew himself guilty of some ' secret practices with the Pope, or with the Emperor, which yet he denied to the last; or, whether he could no longer stand under the King's displeasure, and K2 afterwards ached 132 BURNET'S REFORMATION that change of condition ; he was so cast down, that, on his way to London, he sickened at Sheffield Park, in the Earl of Shrewsbury's house, from whence, by slow journeys, he went as far as Leicester, where after some days' languishing he died; and at the last, made great " protestations of his having served the King faithfully, and that he had little regarded the service of God, to do him pleasure ; but if he had served God as he had done him, he would not have given mm over so, as he did in his gray hairs. And he desired the King to reflect on all his past services, and in particular, in his weighty matter (for by that phrase, they usually spoke of the King's divorce), and then he would find in his conscience whether he had of- Anddies. fended him or not." He died the 29th of Novemoer, 1 530, and was the greatest instance that several ages had shewn of the variety and inconstancy of human things, both in his rise and fall ; and by his temper in both, it appears he was unworthy of his greatness, and deserved what he suffered. But to conclude all that is to be said of him, I shall add what the writer iiischa- of his life ends it with : " Here is the end and fall of pride and arrogance, for I assure you, in his time, he was the haughtiest man in all his proceedings alive, having more respect to the honour of his person, than he had to his spiritual profession, wherein should be shewed all meekness and charity." Ham^' ^ U * now W ^ *^ e c h an g e f thi- s great minister, caiTed! there followed a change of counsels, and therefore the King resolved to hold a parliament, that he might meet his people, and establish such a good under- standing between himself and them, that he might have all secured at home ; and he then resolved to proceed more confidently abroad. There had been no parliament for seven years, but the blame of that, and of every other miscarriage, falling natu- rally on the disgraced minister, he did not doubt, that he should be able to give his people full satisfaction in that, and in every thing else. So a parliament was ' summoned to meet the 3d of November. And there, among several other laws that were made for the pub- PART I. BOOK II. 133 lie good of the kingdom, there were bills sent up by the House of Commons, against some of the most ex- orbitant abuses of the clergy : one was against the ex- actions for the probates of wills ; another was for the regulating of mortuaries ; a third was about the plu- rality of benefices, and non-residence, and churchmen's being farmers of lands. In the passing of these bills, there were severe reflections made on the vices and corruptions of the clergy of that time, which were be- lieved to flow from men that favoured Luther's doc- trine in their hearts. When these bills were brought up to the House of Lords, the Bishop of Rochester speaking to them, did aii. reflect on the House of Commons : saying, That they were resolved to bring down the church, and he de- sired they would consider the miserable state of the kingdom of Bohemia, to which it was reduced by he- resy, and ended, " That all this was for lack of faith." But this being afterwards known to the House ofTheiio Commons, they sent their speaker, Sir Thomas Audley, monsTo with thirty of their members, to complain to the King jjjf of the Bishop of Rochester, for saying that their acts f * flowed from the want of faith, which was a high im- c putation on the whole nation, when the represen- tative of the Commons was so charged, as if they had been infidels and heathens. This was set on by the court to mortify that Bishop, who was unacceptable to them, for his adhering so firmly to the Queen's cause. The King sent for the Archbishop of Can- terbury and six other bishops, and before them told the complaint of the Commons. But the Bishop of Rochester excused himself, and said, he only meant of the kingdom of Bohemia, when he said " all flowed from the want of faith," and did not at all intend the House of Commons. This explanation the King sent by the treasurer of his household, Sir William Fitz- Williams. But though the matter was passed over, yet they were not at all satisfied with it; so that they went on, laying open the abuses of the clergy. In the House of Peers great opposition was made to the bills, and the clergy both within and without 134 BURNET'S REFORMATION. some bills doors did defame them, and said, these were the or- reTrm'iog dinary beginnings of heresy, to complain of abuses, o^the 115 " an( ^ P rete nd reformation, on purpose to disgrace the clergy, clergy, from which heresy took its chief strength. And the spiritual lords did generally oppose them, the temporal lords being no less earnest to have them passed. The Cardinal was admitted to sit in the House, where he shewed himself as submissive in his fawning, as he had formerly done in his scorn and contempt of all who durst oppose him. But the King set the bills forward, and in the end they were agreed to by the lords, and had the royal assent. The King intended by this to let the Pope see what he could do if he went on to offend him, and how willingly his parliament would concur with him, if he went to extremities. He did also endear himself much to the people, by relieving them from the op- pressions of the clergy. But the clergy lost much by this means, for these acts did not only lessen their pre- sent profits, but did open the way for other things that were more to their detriment afterwards. Their opposing of this, and all other motions for reforma- tion, did very much increase the prejudices that were conceived against them : whereas, if such motions had either risen from themselves, or had at least been cherished by them, their adversaries had not perhaps been so favourably heard : so fatally did they mistake their true interest, when they thought they were con- cerned to link with it all abuses and corruptions. one a But there passed another bill in this parliament, togth?" which was not printed with the other statutes, but his'debL which will be found in tlie Collection of Instruments collect, at the end. The bill bore in a preamble the highest ' flattery that could be put in paper, of the great things the King had done for the church and nation, in which he had been at vast charges ; and that divers of the subjects had lent great sums of money, which had been all well employed in the public service ; and whereas, they had security for their payment, the par- liament did offer all these sums so lent to the King, and discharged him of all the obligations or assigna- PART L BOOK II. 135 tions made for their payment, and of all suits that might arise thereupon. This was brought into the House by the King's ser- vants, who enlarged much on the wealth and peace of the nation, notwithstanding the wars, the King always making his enemies' country the scene of them; and shewed that, for fourteen years, the King had but one subsidy from his people ; that now he asked nothing for any other purpose, but only to be discharged of a debt contracted for the public, the accounts whereof were shewn, by which they might see to what uses the money so raised had been applied. But there were several ends in passing this bill : those of the court did not only intend to deliver the King from a charge by it, but also to ruin all the Cardinal's friends and creatures, whom he had caused every where to ad- vance great sums, for an example to others. Others in the House, that were convinced that the'act was un- just in itself, yet did easily give way to it, that they might effectually for the future discredit that way of raising money by loans, as judging it to be the public interest of the kingdom, that no sums of money should be raised but by parliament. So this act passed, and occasioned great murmuring among all them that suf- fered by it. But to qualify the general discontent, the King gave a free pardon to his subjects for all offences, some capital ones only excepted, as is usual in such cases; and, to keep the clergy under the lash, all trans- gressions against the statutes of provisors and premu- nire were excepted, in which they were all involved, as will afterwards appear. There are two other excep- tions in this pardon, not fit to be omitted : the one is, of the pulling or digging down crosses on the high- ways, which shews what a spirit was then stirring among the people ; the other is, of the forfeitures that accrued to the King by the prosecution against Car- dinal Wolsey,that is, the Cardinal's college in Oxford, with the lands belonging to it, which are excepted, upon which the dean and canons resigned their lands to the King, the original of which is yet extant : but the King founded the college anew soon after. All 136 BURNET'S REFORMATION. this was done both to keep the clergy quiet, and to en- gage them to use what interest they had in the court of Rome, to dispose the Pope to use the King better in his great suit. After those acts were passed, on the 1 7th of December the parliament was prorogued till April following ; yet it did not sit till January after that being continued by several prorogations. There had been great industry used in carry ing elec- tions for the parliament, and they were so successful, that the Kingwas resolved tocontinueit forsome time. This great business being happily over, the King's thoughts turned next to affairs beyond sea. The whole The pope world was now at peace. The Pope and the Empe- fouperor ror (as was said before) had made an alliance, on terms united of such advantage to the Pope, that as the Emperor jane 20. did" fully repair all past injuries, so he laid new and great obligations on him : for he engaged that he would assist him in the recovery of his towns, and that he would restore his family to the government of Florence, and invest his nephew in it with the title of duke, to whose son he would marry his own natural daughter; and that he would hold the kingdom of Naples of the papacy. These were the motives that directed the Pope's conscience so infallibly in the King's business. The Not long after that, in August, another peace was made pelTe 8 ." 8 in Cambray, between the Emperor and the French Aug. s. King, and Lady Margaret, the Emperor's aunt and regent of Flanders : where the King first found the hollowness of the French friendship and alliance ; for he was not so much considered in it as he expected, and he clearly perceived that Francis would not em- broil his own affairs to carry on his divorce. The Em- The Emperor went over into Italy, and met the Pope at Bononia, where he was crowned with great magnificence. The Pope and he lodged together in the same palace, and there appeared such signs of a fami- liar friendship between them, that the King's ambas- sadors did now clearly perceive that they were firmly united. The Emperor did also, by a rare mixture of generosity and prudence, restore the duchy of Milan to Francis Sforza. By this he settled the peace of Italy, peror s coronation at Bo- nonia. PART I. BOOK II. 137 nothing holding out but Florence, which he knew would be soon reduced, when there was no hope of succour from France ; and, accordingly, after eleven Florenc months' siege, it was taken, and within a year after, Jjj^ Alexander de Medici was made duke of it. About p h ^' s m the time that the Emperor came to Bononia, news was ** o"f brought that the Turk was forced to raise the siege of JS. 17 Vienna ; so that all things concurred to raise his glory ^ e .f a { very high. At Bononia he would needs receive the "ised, two crowns of the Roman empire, that of Milan, and Jag. 13 ' that of Rome, which was done with all the magnificence f r ^ r e d possible, the Pope himself saying mass, both in Latin Kin g J _? 1 rpiT *ll. 4.' J-omar and Greek. I here is one ceremony 01 the coronation rb. 22, fit to be taken notice of in this work that the Empe- R O ; ror was first put in the habit of a canon of Sancta Erap - Feb. 24. Maria de la Torre in Rome, and after that in the ha- bit of a deacon, to make him be looked on as an ec- clesiastical person. This had risen out of an extrava- gant vanity of the court of Rome, who devised such rites to raise their reputation so high, that on the great- est solemnity, the Emperor should appear in the habit of the lowest of the sacred orders, by which he must know that priests and bishops are above him. When the Pope and he first met, the ceremony of kissing the Pope's foot was much looked for, and the Emperor very gently kneeled to pay that submission ; but the Pope (whether it was that he thought it was no more seasonable to expect such compliments, or more sig- nally to oblige the Emperor) did humble himself so far as to draw in his foot, and kiss his cheek. But now the divorce was to be managed in another The King method ; and therefore Cranmer, after he had dis- j^" coursed with the King about that proposition which l"*^" a was formerly mentioned, was commanded by him to divorce. write a book for his opinion, and confirm it with as much authority as he could ; and was recommended to the care of the Earl of Wiltshire and Ormond (to which honour the King had advanced Sir Thomas Bo- leyn, in the right of his mother), and in the beginning of the next year, he published his book about it. Richard Crooke (who was tutor to the Duke of Rich- 138 BURNET'S REFORMATION. mond) was sent into Italy, and others were sent to France and Germany, to consult the divines, canonists, and other learned men in the universities, about the King's business. How the rest managed the matter, I have not yet been able to discover ; but from a great number of original letters of Dr. Crooke's, I shall give a full account of his negotiation. It was thought best to begin at home ; and therefore the King wrote to the two Universities in England, to send him their conclu- T.o,dHer- sicns about it. The matters went at Oxford thus : hereout rj, he g^^p O f Lincoln being sent thither, with the record. King's letters for their resolution, it was by the major 1530. ' vote of the convocation of all the doctors and masters, as well regents as non-regents, committed to thirty- three doctors and bachelors of divinity (who were named by their own faculty), or to the greater number of them, to determine the questions that were sent with the King's letters, and to set the common seal of the University to their conclusions : and by virtue of that warrant, they did, on the 8th of April, put the common seal of the University to an instrument, declaring the marriage of the brother's wife to be both contrary to via. wood, the laws of God and nature. The Collector of the An- P .8. C57. tiq u iti es O f Oxford* informs us of the uneasiness that was in the University in this matter, and of the several messages the King sent, before that instrument could be procured ; so that from the 12th of February to the 8th of April, the matter was in agitation, the masters of arts generally opposing it, though the doctors and Lib * heads were, for the greatest part, for it. But after he P- 225. . .. , . to i has set down the instrument, he gives some reasons (upon what design I cannot easily imagine) to shew that this was extorted by force ; and being done with- out the consent of the masters of arts, was of itself void, and of no force : and, as if it had been an ill thing, he * See in Vol. iii. Part ii. Appendix No. 1, Wood's vindication of himself, with Burnet's remarks ; all relating to what is said in this page and the follow- ing. Burnet, in reply to one part of Wood's charges, inferring that the consent of the Oxford doctors was obtained by measures of intimidation, observes, " I do not find there was any frightening threatenings. None appear in the King's letters." In this, however, Wood has been judged to be most right. See Her- bert's Life, Collier, and Hallam's Constitutional History of England; and indeed it would be difficult to prove Henry's three letters, to be seen among the records of the third vol. No. 17, to be so mild and inoffensive as Burnet pretends. N. PART I. BOOK II. 139 takes pains to purge the University of it, and lays it upon the fears and corruptions of some aspiring men ofthe University: and, without any proof, gives credit to a lying story, set down by Sanders, of an assembly called in the night, in which the seal of the University was set to the determination. But it appears that he had never seen or considered the other instrument to which the University set their seal, that was agreed on in a convocation of all the doctors and masters, as well regents as non-regents ; giving power to these doctors and bachelors of divinity to determine the matter, and to set the seal of the University to their conclusion: the original whereof the Lord Herbert saw, upon which the persons so deputed, had full autho- rity to set the University seal to that conclusion with- out a new convocation. Perhaps that instrument was not so carefully preserved among their records, or was in Queen Mary's days taken away, which might occasion these mistakes in their historian. There seems to be also another mistake in the re- lation he gives : for he says, those of Paris had de- termined in this matter before it was agreed to at Oxford. The printed decision of the Sorbonne con- tradicts this : for it bears date the 2d of July, 1 530, whereas this was done the 8th of April, 1530. Butcoiiect. what passed at Cambridge I shall set down more Nl fully, from an original letter, written by Gardiner and Fox, to the King, in February (but the day is not marked). When they came to Cambridge, they spake to the Vice-Chancellor, whom they found very ready to serve the King ; so was also Dr. Edmonds,* And at and several others ; but there was a contrary party, iS** 1 ** that met together, and resolved to oppose them. A meeting of the doctors, bachelors of divinity, and masters of arts, in all about two hundred, was held. There the King's letters were read, and the Vice- Chancellor, calling upon several of them, to deliver * According to Collier, Dr. Edmonds was then the Vice-Chancellor and Master of Peter House: Burnet, however, seems to be right, from the letter placed among the records, No. 32 ; in which Gardiner and Fox, writing from Cambridge, plainly speak of the Vice-Chancellor a?i to procure him an admittance into the libraries there. But in all his letters he complained mightily of his poverty, that he had scarce whereby to live and pay the copiers whom he employed to transcribe passages out of MSS. He stayed some time at Venice, from whence he went to Padua, Bononia, and other towns, where he only talked with divines and canonists about these questions Whether the precepts in Leviticus, of the degrees of marriage, do still oblige Christians ? And whether the Pope's dispensation could have any force against the law of God ? These he proposed in discourse, without mentioning the King of Eng- land, or giving the least intimation, that he was sent by him, till he once discovered their opinions. But finding them generally inclining to the King's cause, he took more courage and went to Rome ; where he sought to be made a penitentiary priest, that he might have the freer access into libraries, and be looked on as one of the Pope's servants. But at this time the Earl of Wiltshire and Stokesley (who was made bishop of London, Tonstall being translated to Duresme), were sent by the King into Italy, ambassadors both to the Pope and Emperor. Cranmer went with them to justify his book in both these courts. Stokesley 142 BURNET'S REFORMATION. brought full instructions to Crooke to search the writings of most of the Fathers on a great many pas- sages of the Scripture ; and, in particular, to try, what they wrote on that law in Deuteronomy, which pro- vided, That when one died without children, his bro- ther should marry his wife to raise up children to him. This was most pressed against the King by all that were for the Queen, as either an abrogation of the other law in Leviticus, or at least a dispensation with it in that particular case. He was also to consult the Jews about it ; and was to copy out every thing that he found in any manuscript of the Greek or Latin fathers relating to the degrees of marriage. Of this labour he complained heavily, and said, That though he had a great task laid on him, yet his allowance was so small, that he was often in great straits. This I take notice of, because it is said by others, that all the subscriptions that he procured were bought. At this time there were great animosities between the ministers whom the King employed in Italy ; the two families of the Cassali and the Ghinucci hating one another. Of the former family were the ambassadors at Rome and at Venice : of the other, Hierome was bishop of Worcester, and had been in several em- bassies into Spain. His brother Peter was also em- ployed in some of the little courts of Italy as the King's agent. Whether the King out of policy kept this hatred up to make them spies one on another, I know not. To the Ghinucci was Crooke gained, so that in all his letters he complained of the Cassali, as men that betrayed the King's affairs ; and said that John, then ambassador at Venice, not only gave him no assistance, but used him ill : and publicly disco- vered, that he was employed by the King; which made many who had formerly spoken their minds freely, be more reserved to him. But as he wrote this to the King, he begged of him, that it might not be known, otherwise he expected either to be killed or poisoned by them : yet they had their correspon- dents about the King, by whose means they under- stood what Crooke had informed against them. But PART I. BOOK II. 143 they wrote to the King, that he was so morose and ill-natured, that nothing could please him ; and to lessen his credit, they did all they could to stop his bills. All this is more fully set down than perhaps was necessary, if it were not to shew that he was not in a condition to corrupt so many divines, and whole universities, as some have given out. He got into the acquaintance of a friar at Venice, Franciscus Georgius, who had lived forty-nine years in a reli- gious order, and was esteemed the most learned man in the republic, not only in the vulgar learning, but in the Greek and Hebrew, and was so much ac- counted of by the Pope, that he called him the ham- mer of heretics. He was also of the senatorian qua- lity, and his brother was governor of Padua, and paid all the readers there. This friar had a great opinion of the King : and having studied the case, wrote for Many the King's cause, and endeavoured to satisfy all the wriufm other divines of the republic, among whom he had ^^ much credit. Thomas Omnibonus, a Dominican, Philippus de Cremis, a doctor of the law, Valerius of Bergamo, and some others, wrote for the King's cause. Many of the Jewish Rabbins did give it under their hands in Hebrew, " That the laws of Leviticus and Deuteronomy were thus to be reconciled : That law of marrying the brother's wife, when he died without children, did only bind in the land of Judea, to preserve families, and maintain their successions in the land, as it had been divided by lot ; but that in all other places of the world, the law of Leviticus, of not marrying the brother's wife, was obligatory." He also searched all the Greek MSS. of councils, and Nazianzen's and Chrysostom's works. After that he run over Macarius, Acarius, Apollinaris, Origen, Gre- gory Nyssen, Cyril, Severian, and Gennadius ; and copied out of them all that which was pertinent to his purpose. He procured several hands to the conclu- sions, before it was known that it was the King's bu- siness in which he was employed. But the govern- ment of Venice was so strict, that when it was known whose agent he was, he found it not easy to procure 144 BURNET'S REFORMATION. subscriptions : therefore he advised the King to order his minister to procure a licence from the senate, for their divines to declare their opinions in that matter. Which being proposed to* the senate, all the answer he could obtain was, That they would be neutrals ; Feb. is. an d when the ambassador pressed, as an evidence of neutrality, that the senate would leave it free to their divines, to declare of either side as their consciences led them ; he could procure no other answer, the for- mer being again repeated. Yet the senate making no prohibition, many of their divines put their hands to the conclusions. And Crooke had that success, that he wrote to the King, he had never met with a Though divine that did not favour his cause : but the conclu- Md Em* sions touching the Pope's power, his agents did every peror dis- wnere discourage, and threaten those who subscribed couraced o * them. them. And the Emperor's ambassador at Venice did threaten Omnibonus for writing in prejudice of the Pope's authority; and asserting conclusions, which would make most of the princes of Europe bastards. He answered, he did not consider things as a states- man, but as a divine. Yet, to take off this fear, Crooke suggested to the King, to order his minister at the court of Rome to procure a breve, " That di- vines or canonists might without fear or hazard de- liver their opinions according to their consciences, requiring them, under the pain of excommunication, that they should write nothing for gain or partial af- * fections, but say the pure and simple truth, without any artifice, as they would answer to God in the great day of judgment." This seemed so fair, that it might have been expected the successor of St. Peter would not deny it ; yet it was not easily obtained, though Aug. 7. the King wrote a very earnest letter to the Bishop of Verona, to assist his minister in procuring it. And sept: 16. I find by another dispatch, that the breve was at length gained, not without much opposition made to it by the Emperor's ambassadors: for at Rome, though they knew not well how to oppose this method, because it seemed so very reasonable ; yet they had great appre- hensions of it, because they thought it was designed nor bribes lor PART I. BOOK II. 145 to force the Pope to determine as the King pleased : and they abhorred the precedent, that a company of poor friars should dictate to them in matters of this nature. Crooke reports out of a letter of Cranmer's juiy us. to him from Rome, these words : " As for our suc- cesses here, they be very little, nor dare we attempt to know any man's mind, because of the Pope ; nor is he content with what you have done ; and he says, no friars shall discuss his power : and as for any fa- vour in this court, I look for none, but to have the Pope with all his cardinals declare against us." But Aug. 5, Crooke, as he went up and down procuring hands, 15 told those he came to, " he desired they would write their conclusions, according to learning and con- science, without any respect or favour, as they would answer it at the last day; and protested he never N * gave nor promised any divine any thing, till he had 0?*. first freely written his mind, and that what he then [" O b n s " ip " gave, was rather an honourable present than a re- ward.* And in another letter to the King he writes : " Upon pain of my head, if the contrary be proved, I ^P* f- never gave any man one halfpenny, before I had his conclusion to your Highness, without former prayer or promise of reward for the same." From whence it appears, that he not only had no orders from the King to corrupt divines, but that his orders were ex- press to the contrary. As for the money he gave, the reader will be best able to judge by the following account, whether it was such as could work much on any man. There Feb. u. is an original bill of his accounts yet extant, audited * That money was employed seems to admit of no doubt ; but how far ra- ther as a subsequent remuneration, than a preliminary bribe, may in some de- gree be questioned : but if Henry did have recourse to such means occasionally, it might be only to counteract what was doing on the other side. In one of Crooke's letters we find the following passage, which certainly looks like bri- bery. " I doubt not but all Christian Universities, if they be well handled, will earnestly conclude with your Highness ;" but then, in another place, he also tells the King, " Caesar, by throats, prayers, money, and sacerdotal influences, terrifies our friends and confirms bis own." From the letter cited by Collier, ii. 58, to prove that bribes were offered, it would rather seem that some pro- fessed to be on the King's side in hopes of a remuneration, and after having inconsequence of such professions, received a gratuity, abandoned the cause, and actually wrote against the King. See the case of Friar Thomas and Raphael, in the place referred to. N. VOL. I. L 146 BURNET'S REFORMATION. and signed by Peter a Ghinucciis, out of which I only some have extracted these particulars : " Item, to a Servite Smv- fri' dr when he subscribed, one crown. To a Jew, one ledgments. C rown. To the doctors of the Servites, two crowns. To the Observant friars, two crowns. To the Prior of St. John and St. Paul's, who wrote for the King's cause, fifteen crowns. To that convent, four crowns. Item, given to John Maria for his expense of going to Milan from Venice, and for rewarding the doctors there, thirty crowns. Item, to John Marino, minister of the Franciscans, who wrote a book for the King's cause, twenty crowns." This shews that they must have had very prostituted consciences, if they could be hired so cheap. It is true, Crooke in many of his FA. 22. letters says, " That if he had money enough, he did not doubt but he should get the hands of all the di- vines in Italy, for he found the greatest part of them Feb - 9- all mercenary." But the Bishop of Worcester in his letters to him, ordered him only to promise rewards to those who expected them, and lived by them, that is, to the canonists who did not use to give their opi- nion without a fee. sept. is. But at the same time, the Emperor did reward and rewwdT fee divines at another rate ; for Crooke informed the ti^Em y King, that one Friar Felix having written for the peror. validity of the marriage against the King, there was a benefice of five hundred ducats a year given him in reward. And the Emperor's ambassador offered a thousand ducats to the Provincial of the Gray-Friars in Venice, if he would inhibit all within his province sept. 29. to write or subscribe for the King's cause. But the Pro- vincial refused it, and said, he neither could nor yet would do it. And another that wrote for the Queen had a benefice of six hundred crowns. So that it was openly said at Ferrara, That they who wrote for the King had but a few crowns a-piece, but they who wrote on the other side had good benefices. They also tried what could be done at Padua, both by threatenings, entreaties, and rewards, to induce them to reverse the determination they had made in the matter ; but with no success. And though Francis PART I. BOOK II. 147 Georgius, the Venetian friar, did greatly promote the King's cause, both by his writings and authority; yet Crooke wrote, " that he could not prevail to make Feb. is. either him or his nephew accept one farthing of him." By such fair means it was that Crooke procured so many subscriptions. First, of particular divines, many Franciscans, Do- minicans, and Servites, set their hands to the con- clusions ; though even in that there was opposition made by the Pope's agents. Campegio was now engaged in the Emperor's faction ; and did every where misrepresent the King's cause. Being at Ve- March 29. nice, he so wrought on the minister of the Francis- cans, that though he had declared for the King, and engaged to bring the hands of twenty-four doctors and learned men of his order for it, and had received a small present of ten crowns ; yet, after he had kept the money three weeks, he sent it back, and said, he would not meddle more in it : but they procured most of these hands without his help. At Milan, a May se. suffragan bishop and sixteen divines subscribed. Nine doctors subscribed at Vincenza ; but the Pope's Nun- cio took the writing out of his hands that had it, and suppressed it. At Padua, all the Franciscans, both June 27. Observants and Conventuals, subscribed, and so did the Dominicans, and all the canonists ; and though the Pope's and Emperor's emissaries did threaten all that subscribed, yet there were got eighty hands at Padua. Next the Universities determined. At Bononia, though it was the Pope's town, many They de- subscribed. The Governor of the town did at first IT.^ oppose the granting of any determination : but the King at -f* 1-1 11-1 i i Bononia. Pope s breve being brought thither, he, not without great difficulty, gave way to it. So, on the 10th of Juneio. June, the matter being publicly debated, and all Cajetan's arguments being examined, who was of opinion, " That the laws of marriage, in Leviticus, did not bind the Christian church ; they determined, That these laws are still in force, and that they bind all, both Christians and infidels, being parts of the law of nature, as well as of the law of God ; and that, L2 148 BURNET'S REFORMATION. therefore, they judged marriages, in these degrees, unlawful, and that the Pope had no authority to dis- pense with them." At Padua, The University of Padua, after some days' public cict'. dispute, on the 1st of July, determined to the same numb. 33. p ur p 0se . about which Crooke's letter will be found among the Instruments at the end of this book. And At Ferrara, the divines did also confirm the same 5*2* conclusion, and set their seal to it : but it was taken away violently by some of the other faction : yet the Duke made it be restored. The profession of the canon law was then in great credit there, and in a congregation of seventy-two of that profession it was determined for the King ; but they asked one hun- dred and fifty crowns for setting the seal to it, and Crooke would not give more than a hundred : the next day he came and offered the money ; but then it was told him they would not meddle in it, and he could not afterwards obtain it. In all, Crooke sent over by Stokesley a hundred several books, papers, and subscriptions, and there were many hands subscribed to many of those papers. But I hope the reader will forgive my insisting so much on this negotiation ; for it seemed necessary to give full and convincing evidences of the sincerity of the King's proceedings in it, since it is so con- fidently given out that these were but mercenary subscriptions. What difficulties or opposition those who were employed in France found, does not yet appear to me ; but the seals of the chief universities there were And in procured. The University of Orleans determined it A^T?.' on the 7th of April. The faculty of the canon law, ot'the at Paris* did also conclude that the Pope had no Ma D 25 S ' P ower to dispense in that case, on the 25th of May. or the But the great and celebrated faculty of the Sorbonne jiyT e> (whose conclusions had been looked on for some ages as little inferior to the decrees of councils) made their decision with all possible solemnity and decency. They first met at the church of St. Mathurin, where there was a mass of the Holy Ghost, and every one PART I. BOOK II. 149 took an oath to study the question, and resolve it according to his conscience ; and from the 8th of June to the 2d of July, they continued searching the matter with all possible diligence, both out of the Scriptures, the fathers, and the councils ; and had many disputes about it. After which, the greater part of the faculty did determine, " That the King of England's marriage was unlawful, and that the Pope had no power to dispense in it ;" and they set their common seal to it, at St. Mathurin's, the 2d of July, 1530. To the same purpose did both the faculties of At An law, civil and canon, at Angiers, determine the 7th of lily'?. May. On the 10th of June, the faculty of divinity AC at Bourges, came to the same determination. And j^lTo*! on the 1 st of October, the whole University of Tholose And did all, with one consent, give their judgment, agree- o* { .T' ing with the former conclusions. More of the deci- coiien. sions of universities were not printed, though many Nttmb - ** more were obtained to the same effect. In Germany, Spain, and Flanders, the Emperor's authority was so great, that much could not be expected, except from the Lutherans, with whom Cranmer conversed, and chiefly with Osiander, whose niece he then married. Osiander upon that wrote a book about incestuous Jan.ss. marriages, which was published ; but was called in "Tilw. by a prohibition printed at Augsburg, because it de- otho^c*' 1 termined in the King's cause and on his side. 10 - But now I find the King did likewise deal among O O those in Switzerland that had set up the reformation. The Duke of Suffolk did most set him on to this (so one who was employed in that time writes), for he often asked him, " How he could so humble himself, < e as to submit his cause to such a vile, vicious, stranger- priest, as Campegio was ?" To which the King an- swered, " He could give no other reason but that it seemed to him, spiritual men should judge spiritual things ; yet (he said) he would search the matter fur- ther ; but he had no great mind to seem more curious than other princes." But the Duke desired him to discuss the matter secretly amongst learned men, to which he consented ; and wrote to some foreign 150 BURNET'S REFORMATION. writers that were then in great estimation. Erasmus was much in his favour, but he would not appear in it : he had no mind to provoke the Emperor, and Grineus live uneasily in his own country. But Simon Gri- amt ed neus was sent for, whom the King esteemed much for e m 7d in &* ^ s learning. The King informed him about his switzer- process, and sent him back to Basil, to try what his wL'se let- friends in Germany and Switzerland thought of it. l e Ms ar in in He wrote about it to Bucer, (Ecolampadius, Zuing- R smith's ii us an( j Paulus Phrygion. Library. *1 . 7 , . The opi- CEcolampadiu3, as it appears by three letters, one *< m . dated the 10th of August, 1531, another the last of padius. the same month, another to Bucer the 10th of Sep- tember, was positively of opinion, " That the law in Leviticus did bind all mankind ;" and says, " That law of a brother's marrying his sister-in-law was a dispensation given by God to his own law, which be- longed only to the Jews ; and, therefore, he thought that the King might without any scruple, put away Bucer. the Queen." But Bucer was of another mind, and thought the law in Leviticus did not bind, and could not be moral, because God had dispensed with it in one case, of raising up seed to his brother : therefore he thought these laws belonged only to that dispen- sation, and did no more bind Christians than the other ceremonial or judiciary precepts ; and that to marry in some of these degrees was no more a sin, than it was a sin in the disciples to pluck ears of corn on the sabbath-day. There are none of Bucer's letters remaining on this head ; but by the answers that Grineus wrote to him, one on the 29th of August, another on the 10th of September, I gather his opi- nion, and the reasons for it. But they all agreed, that the Pope's dispensation was of no force to alter ion. the nature of the thing. Paulus Phrygion was of opinion, that the laws in Leviticus did bind all na- tions, because it is said in the text, " That the Ca- naanites were punished for doing contrary to them, which did not consist with the justice of God, if those prohibitions had not been parts of the law of nature." Dated Basil, the 10th of September. In Grineus's PART I. BOOK II. 151 letter to Bucer, he tells him that the King had said to him, " That now for several years he had perpe- tual trouble upon him about this marriage." Zuin- zuingiiM. glius's letter is very full. First, he largely proves, that neither the Pope nor any other power could dis- pense with the law of God : then, that the apostles had made no new laws about marriage, but had left it as they found it : that the marrying within near degrees was hated by the Greeks, and other heathen nations. But whereas Grineus seemed to be of opi- nion that though the marriage was ill made, yet it ought not to be dissolved, and inclined rather to ad- vise that the King should take another wife, keeping the Queen still ; Zuinglius confutes that, and says, if the marriage be against the law of God, it ought to be dissolved ; but concludes the Queen should be put away honourably, and still used as a Queen ; and the marriage should only be dissolved for the future, without illegitimating the issue begotten in it, since it had gone on in a public way, upon a received error : but advises, that the King should proceed in a judiciary way, and not establish so ill a precedent as to put away his Queen, and take another, without due form of law. Dated Basil, 17th of August. There is a second letter of his to the same purpose from Zurich, the 1st of September. There is also with these letters a long paper of Osiander's, in the form of a direction how the process should be ma- naged. There is also an epistle of Calvin's, published And Calvin among the rest of his. Neither the date nor the per- son to whom it was directed are named. Yet I fancy it was written to Grineus upon this occasion : Calvin was clear in his judgment that the marriage was null, and that the King ought to put away the Queen upon the law of Leviticus. And whereas it was ob- jected, that the law is only meant of marrying the bro- ther's wife while he is yet alive ; he shews that could not be admitted, for all the prohibited degrees being forbidden in the same style, they were all to be un- derstood in one sense : therefore, since it is confessed, 152 BURNET'S REFORMATION. that it is unlawful to marry in the other degrees, after the death of the father, son, uncle, or nephew, so it must be also a sin to marry the brother's wife after his death. And for the law in Deuteronomy of marry- ing the brother's wife to raise up seed to him ; he thought, that by brother there is to be understood a near kinsman, according to the usual phrase of the Hebrew tongue : and by that he reconciles the two laws which otherwise seem to differ, illustrating his exposition by the history of Ruth and Boaz. It is given out that Melancthon advised the King's taking another wife, justifying polygamy from the Old Testament ; but I cannot believe it. It is true the lawfulness of polygamy was much controverted at this time. And as in all controversies newly started, many crude things are said ; so some of the Helve- tian and German divines seem not so fierce against Lord Her. it ; though none of them went so far as the Pope did, ^To'rig!" 11 wno did plainly offer to grant the King license to have ! eM - two wives : and it was a motion the Imperialists con- Sept. 18, 1530. sented to, and promoted, though upon what reason the ambassador Cassali, who wrote the account of it to the King, could not learn. The Pope forbade him to write about it to the King, perhaps as whisperers enjoin silence, as the most effectual way to make a thing public. But for Melancthon's being of that mind, great evidences appear to the contrary ; for there is a letter of Osiander's to him, giving him many reasons to persuade him to approve of the King's putting away the Queen, and marrying another : the letter also shews he was then of opinion, that the law in Leviticus was dispensable. The o P i- And after the thing 1 was done, when the Kingf de- n '" '' J 1 T 1 T 1 the LU- sired the Lutheran divines to approve his second mar- diviaes. riage, they begged his excuse in a writing, which they sent over to him ; so that Melancthon, not al- lowing the thing when it was done, cannot be ima- gined to have advised polygamy beforehand.* And * Though Burnet seems so anxious to acquit Melancthon and the Lutheran Divines, of the charge of giving encouragement to polygamy, yet it is allowed to be a fact well authenticated, that they had given express permission, under PART I. BOOK II. 153 to open at once all that may clear the sense of the instructions _ . , J i f ent by Protestants in the question, when, some years alter p r . Bams this, Fox, being made bishop of Hereford, and much ^j^. inclined to their doctrine, was sent over to get the g b ; 3 Vitel - divines of Germany to approve of the divorce, and the subsquent marriage of Anne Boleyn ; he found that Melancthon, and others, had no mind to enter much into the dispute about it, both for fear of the Emperor, and because they judged the King was led in it by dishonest affections ; they also thought the laws in Leviticus were not moral, and did not oblige Christians, and since there were no rules made about the degrees of marriage in the gospel, they thought princes and states might make what laws they pleased about it : yet, after much disputing, they were in- duced to change their minds, but could not be They con- brought to think -that a marriage once made might tang-ffirst be annulled ; and therefore demurred upon that, as u a t r ^ e> will appear by the conclusion they passed upon it, against a to be found at the end of this volume. All this I can**. have set together here, to give a right representation * umb - 33- of the judgments of the several parties of Christen- dom about this matter. It cannot be denied, that the Protestants did express great sincerity in this matter ; such as became men of conscience, who were acted by true principles, and not by maxims of policy. For if these had governed them, they had struck in more compliantly with so great a Prince, who was then alienated from the Pope, and in very ill terms with the Emperor : so that, their own signatures, to the Landgrave of Hesse, to take a wife or concubine, on account of the drunkenness, and disagreeable person of the Landgravine. See Bossuet Hist, des Far. des Egtises Protestants. The Pope is still understood by many to have proposed to Henry to take two wives. See Hallam's Constitutional History of England, p. 73, note. But Collier disputes the authorities cited by Mr. H. Perhaps a stronger proof of laxity on this point, on the part of the Lu- theran divines, could scarcely be adduced than Cramner's letter to Osiander, cited by Collier, vol. ii. 56. where may also be seen what he has to allege against the evidence of Casw/i, as cited by Lord Herbert, in proof of the Pope's offer of a .license to Henry to have two wives. Cassali's letter is to be seen among the Records annexed to this volume, No. VI. It does certainly seem strange, as Collier suggests, that if such an offer were seriously made by the Pope, Henry should have neglected to take advantage of it; but Cassali, accord- ing to Lord Herbert, intimated to the Pope that he did not think such an ex- pedient would be likely to satisfy or exonerate the King's conscience. See Turner's Henry VIII. 551, note 23. N. 154 BURNET'S REFORMATION. to have gained him by a full compliance to have pro- tected them, was the wisest thing they could do ; and their being so cold in the matter of his marriage, in which he had engaged so deeply, was a thing which would very much provoke him against them. But such measures as these, though they very well became the apostolic see, yet they were unworthy of men, who designed to restore an apostolic religion. FOX. The Earl of Wiltshire, with the other ambassadors, when they had their audience of the Pope at Bono- ma, refused to pay him the submission of kissing his foot, though he graciously stretched it out to them ; but went to their business, and expostulated in the King's name, and in high words ; and in conclusion told the Pope, that the prerogative of the crown of England was such, that their master would not suffer The King any citation to be made of him to any foreign court ; ap^r It an d that therefore the King would not have his cause K 00 ,e. tried at Rome. The Pope answered, that though the Queen's solicitor had pressed him to proceed in the citation ; both that her marriage, being further exa- mined, might receive a new confirmation for silencing the disputes about it, and because the King had with- drawn himself from her : yet, if the King did not go further, and did not innovate in religion, the Pope was willing to let the matter rest. They went next to the Emperor, to justify the King's proceedings in the suit of the divorce. But he told them, he was bound in honour and justice to support his aunt, and that he cranmer would not abandon her. Cranmer offered to main- oners to . 1111 1 i i i maintain tain what he had written in his book ; but whether Lust'" 83 they went so far as to make their divines enter into any discourse with him about it, I do not know. This ap- pears, that the Pope, to put a compliment on the King declared Cranmer his penitentiary in England. He, having stayed some months at Rome, after the ambas- sadors were gone, went into Germany : where he be- came acquainted with Cornelius Agrippa, a man very famous for great and curious learning, and so satis- fied him in the King's cause, that he gave it out, that the thing was clear and indisputable, for which he was PART I. BOOK II. 156 afterwards hardly used by the Emperor, and died in prison. But when the King received the determinations The now. and conclusions of the Universities, and other learned JSuS men beyond sea, he resolved to do two things. First, mons of to make a new attempt upon the Pope, and then to wriLTto publish those conclusions to the world, with the argu- th ments upon which they were grounded. But to make his address to the Pope carry more terror with it, he got a letter to be signed by a great many members of parliament to the Pope. The Lord Herbert saith, it was done by his parliament ; but in that he had not applied his ordinary diligence : the letter bears date the 13th of July. Now, by the records of Parliament, it appears, there could be no session at that time, for there was a prorogation from the 2 1st of June, till the 1st of October that year ; but the letter was sent about in the to the chief members for their hands ; and Cavendish wdsey. tells, how it was brought to the Cardinal, and with what cheerfulness he set his hand to it. It was sub- scribed by the Cardinal and the Archbishop of Can- terbury, four bishops, two dukes, two marquisses, thirteen earls, two viscounts, twenty- three barons, twenty-two abbots, and eleven commoners, most of these being the King's servants. The contents of the letter were, " That their near Thisieiter relation to the King, made them address thus to the MVWM Pope. The King's cause was now, in the opinion of [ n ^ y the learned men, and universities both in England, Herb France, and Italy, found just, which ought to prevail so far with the Pope, that though none moved in it, and notwithstanding any contradiction, he ought to confirm their judgment; especially it touching a King and kingdom, to whom he was so much obliged. But since neither the justice of the cause, nor the King's most earnest desires, had prevailed with him, they were all forced to complain of that strange usage of their King ; who both by his authority, and with his pen, had supported the apostolic see, and the catholic faith, and yet was now denied justice. From which they apprehended great mischief and civil wars, which 156 BURNET'S REFORMATION. could only be prevented by the King's marrying an- other wife, of whom he might have issue. This could not be done till his present marriage were annulled. And if the Pope would still refuse to do this, they must conclude that they were abandoned by him, and so seek for other remedies. This they most earnestly prayed him to prevent, since they did not desire to go to extremities till there was no more to be hoped for at his hands." The pope's To this the Pope made answer the 27th of Septem- answer. fogj. jj e ^ok notice of the vehemency of their letter, which he forgave them, imputing it to their great af- fection to their King : they had charged him with in- gratitude and injustice; two grievous imputations. He acknowledged all they wrote of the obligations he owed to their King, which were far greater than they called them, both on the apostolic see, and himself in particular. But in the King's cause he had been so far from denying justice, that he was oft charged as having been too partial to him. He had granted a commission to two legates to hear it, rather out of fa- vour, than in rigour of law ; upon which the Queen had appealed : he had delayed the admitting of it as long as was possible; but when he saw it could not be any longer denied to be heard, it was brought before the consistory, where all the cardinals, with one con- sent, found that the appeal, and an avocation of the cause, must be granted. That since that time, the King had never desired to put it to a trial, but, on the con- trary, by his ambassadors, at Bononia, moved for a delay ; and in that posture it was still ; nor could he give sentence in a thing of such consequence, when it was not so much as sought for. For the conclusions of universities and learned men, he had seen none of them from any of the King's ambassadors. It was true, some of them had been brought to him another way ; but in them there were no reasons given, but only bare conclusions, and he had also seen very important things for the other side ; and therefore he must not precipitate a sentence in a cause of such high impor- tance, till all things were fully heard and considered. PART I. BOOK II. 157 He wished their King might have male issue, but he was not in God's stead to give it. And for their threatenings of seeking other remedies, they were nei- ther agreeable to their wisdom, nor to their religion. Therefore he admonished them to abstain from such counsels ; but minded them, that it is not the physi- cian's fault if the patient will do himself hurt. He knew the King would never like such courses ; and though he had a just value for their intercession, yet he considered the King much more, to whom, as he had never denied any thing that he could grant with his honour, so he was very desirous to examine this matter, and to put it to a speedy issue, and would do .every thing that he could without offending God." But the King, either seeing the Pope resolved to grant nothing, or apprehend ing that some bull might j' s a t be brought into England in behalf of the Queen, or bulls frora the disgraced Cardinal, did on the 19th of September i^rT' put forth a proclamation against any " who purchased "' any thing from Rome, or elsewhere, contrary to his royal prerogative and authority, or should publish or divulge any such thing, requiring them not to do it, under the pains of incurring his indignation, imprison- ment, and other punishments on their persons." This was founded on the statutes of provisors and premu- nires. But that being done, he resolved next to pub- lish to the world, and to his subjects, the justice of his cause : therefore, some learned men were appointed to Books compare all that had been written on it, and out of all " rit ' en f ' . ' the King's the transcripts ot the manuscripts of fathers and coun- "Ce- cils, to gather together whatsoever did strengthen it. Several of these manuscripts I have seen ; one is in Mr. Smith's Library, where are the quotations of the fa- thers, councils, schoolmen, and canonists written out at length. There are three other such MSS. in the 0*0. Cotton Library, of which, one contains a large vindica- c> tion of these authorities, from some exceptions made to them ; another is an answer to the Bishop of Ro- iwdem. Chester's book for the Queen's cause. A third digests v esp . B.S. the matter into twelve articles, which the reader will ^'^'^ find in my Appendix ; and these are there enlarged on 158 BURNET'S REFORMATION and proved. But all these, and many more, were summed up in a short book, and printed first in Latin, then in English, with the determinations of the Uni- versities before it. These are of such weight and im- portance, and give so great a light to the whole matter, that I hope the reader will not be ill pleased to have a short abstract of them laid before him. An abstract of those things which were written for the divorce. The " The law of marriage was originally given by God ofTin to Adam in the state of innocence, with this declara- ut'tamem. tion, that man and wife were one flesh ; but being afterwards corrupted by the incestuous commixtures of those which were of kin in the nearest degrees, the pri- Levu. mitive law was again revived by Moses. And he gives xvm. 20. manv ru l es a nd prohibitions about the degrees of kin- dred and affinity, which are not to be looked on as new laws and judiciary precepts, but as a restoring of the law of nature, originally given by God, but then much corrupted. For as the preface which is so oft Lev. xviu. repeated before these laws, ' I am the Lord,' insinuates 2.4,, 5,6, j. nat j. nev were con f orm to the Divine Nature ; so the consequences of them shew, they were moral and na- tural. For the breaches of them are called wicked- ness and abomination, and are said to defile the land ; and the violation of them is charged on the Canaan- ites, by which the land was polluted, and for which it did vomit out the inhabitants. From whence it must be concluded, that these were not positive precepts, which did only bind the Jews, but were parts of the law of mankind and nature ; otherwise those nations could contract no guilt by their violating them. Among the forbidden degrees, one is, ' Thou shalt not discover the nakedness of thy brother's wife, it is thy brother's nakedness.' And it is again repeated, ' If a man shall take his brother's wife, it is an unclean thing ; he hath uncovered his brother's nakedness, they shall be childless.' These are clear and express laws of God, which therefore must needs oblige all persons of what rank soever, without exception. PART I. BOOK II. 159 " In the New Testament, St. John Baptist said to And in Herod, ' It is not lawful for thee to take thy brother's M e a * e wife,' which shews that these laws of Moses were still xiv - 4> obligatory. St. Paul also, in his Epistle to the Corin- * Cor - thians, condemns the incestuous person for having his v ' father's wife, which is one of the degrees forbidden by the law of Moses, and calls it a fornication, not so much as named among the Gentiles. From whence it is inferred, that these forbidden degrees are ex- cluded by the law of nature, since the Gentiles did not admit them. St. Paul also calling it by the common name of fornication, within which, according to that place, all undue commixtures of men and women are included ; therefore those places in the New Testa- ment, that condemn fornication, do also condemn mar- riages in forbidden degrees : our Saviour did also assert the foundation of affinity, by saying, ' that man and wife are one flesh.' " But in all controverted things, the sense of the Scriptures must be taken from the tradition of the church, which no good catholic can deny ; and that is to be found in the decrees of popes and councils, and in the writings of the fathers and doctors of the church : against which, if any argue from their private under- standing of the Scriptures, it is the way of heresy, and savours of Lutheranism. The first of the fathers who ^ * had occasion to write of this matter was Tertullian, * who lived within an age after the apostles. He in ex- press words says, that the law of not marrying the brother's wife, did still oblige Christians. " The first pope, whose decision was sought in this The matter, was Gregory the Great, to whom Austin, the apostle of England, wrote for his resolution of some things, in which he desired direction ; and one of these is ' Whether a man may marry his brother's wife ?' (who in the language of that time was called his kinswoman.) The Pope answered negatively, and proved it by the law of Moses, and therefore defined, ' that if any of the English nation, who had married within that degree, were converted to the faith, he must be admonished to abstain from his wife, and to rities of popes. BURNET'S REFORMATION. look on such a marriage as a most grievous sin.' From which it appears, that that good Pope did judge it a thing, which by no means could be dispensed with, otherwise he had not pressed it so much under such circumstances : since in the first conversion of a na- tion to the Christian faith, the insisting too much upon it might have kept back many from receiving the Christian religion, who were otherwise well inclined . Ad to it. Calixtus, a Zacarias, b and Innocent the Third, ca!L n ave plainly asserted the obligation of these precepts epLopos. in the law of Moses, the last particularly, who treats QuLt. about it with great vehemency : so that the apostolic piunum. see has already judged the matter, c De pres. Several provincial councils have also declared the in^uveT obligation of the precepts, about the degrees of mar- wtem. r iage in Leviticus, by the council at Neocaesarea ; ' If councils, a woman had been married to two brothers, she was cuapfv. to be cast out of the communion of the church till her death, and the man that married his brother's wife, was to be anathematized,' which was also confirmed can. 61. in a council held by Pope Gregory the Second. In the council of Agde, where the degrees that make a marriage incestuous are reckoned, this of marrying the brother's wife is one of them ; and there it was decreed, ' That all marriages within these degrees were null, and the parties so contracting, were to be cast out of the communion of the church; and put among the catechumens, till they separated themselves chap. v. from one another.' And in the second council of Toledo, the authority of the Mosaical prohibitions about the degrees of marriage is acknowledged. It was one of Wickliffe's errors, that the prohibition of marriage, within such degrees, was without any foun- dation in the law of God, for which, and other points, he was condemned, first in a convocation at London, then at Oxford ; and last of all,. at the general council of Constance these condemnations were confirmed. So formally had the church, in many provincial coun- cils, and in one that was general, decided this matter. " Next to these, the opinions of the fathers were to be considered. In the Greek church Origen a first Greek. In PART I. BOOK II. 161 had occasion to treat about it, writing on Leviticus ; and Chrysostom b after him ; but most fully St. Basil b IIomi1 -. the Great, who do expressly assert the obligations Mt?" of these precepts. The last particularly, refuting at Sor."" 1 great length the opinion of some, who thought the marrying two sisters was not unlawful, lays it down as a foundation, That the laws in Leviticus about marriage were still in force. Hesychius, also, writ- onLevit. ing upon Leviticus, proves that these prohibitions 1U and were universally obligatory, because both the Egyp- tians and Canaanites are taxed for marrying within these degrees ; from whence he infers, they are of moral and eternal obligation. " From the Greek they went to the Latin fathers, And the and alleged, as was already observed, that Tertullian ^ l e a rs . held the same opinion, and with him agreed the three great doctors of the Latin church, Ambrose, 3 Je-Lib. vm. rome, b and St. Austin, who do plainly deliver the bc' m.' tradition of the church about the obligation o f c H ' lvidium - o * L-ont. those laws, and answer the objections that were made, Faust - either from Abraham's marrying his sister, or from ^o! P 8 ' 9 Jacob's marrying two sisters, or the law in Deuter- u s v ';^ u onomy for the brother's marrying his brother's wife, ^ O b ni ' ac - if he died without children. chap.'. " They observed, that the same doctrine was also '. De?' taught by the fathers and doctors in the latter ages. oha f- l6 / i Hi i i 111 1 /> And of the Anselm held it, and pleads much tor marrying in re- modem mote degrees, and answers the objection from the de- *""*. cision in the case of the daughters of Zelophehad. F d ral p ^' Hugo Cardinalis, 8 Radulphus Flaviacensis, and Ru- d On * pertus Tuitiensis, do agree, that these precepts aree^V. e. moral, and of perpetual obligation, as also Hugo de ^2*'"' Sto. Victore. Hildebert/ bishop of Mans, being con- cha p- 4 - suited in a case of the same nature with what is now fl jipui.*i controverted, plainly determines, That a man may not tom^.lt marry his brother's wife; and by many authorities Ep ' 5SiaB> shews, That by no means it can be allowed. And Ivo Carnotensis, g being desired to give his opinion in a * E P i$ t . 240. case of the same circumstances, of a King marrying his brother's wife, says, ' Such a marriage is null, as in- consistent with the law of God, and that the King was VOL. i. M 162 BURNET'S REFORMATION. not to be admitted to the communion of the church, till he put away his wife, since there was no dispens- ing with the law of God, and no sacrifice could be offered for those that continued willingly in sin.' Passages also to the same purpose, are in other places of his Epistles. n,e " From these doctors and fathers the inquiry de- ^ n 1 " scended to the schoolmen, who had with more nice- ness and subtilty examined things. They do all agree in asserting the obligation of these Levitical prohibi- sda.sceae, tions. Thomas Aquinas does it in many places, and isTart. 9. confirms it with many arguments. Altisiodorensis Q^sf*' savs > t ne y are mora -l laws, and part of the law of na- art.s. in ture. Petrus de Palude is of the same mind, and 40-o.j. says, that a man's marrying his brother's wife was a and4> dispensation granted by God, but could not be now allowed, because it was contrary to the law of nature. St. Antonine of Florence, Joannes de Turre Cremata, Joannes de Tabia, Jacobus de Lausania, and Astex- anus, were also cited for the same opinion. And those a com. who wrote against Wickliffe, namely, Wydeford,* ^g 1 ; Cotten, b and Waldensis, charged him with heresy, bDeiicids for denying that those prohibitions did oblige Chris- et illicitis . i ill 11 i i conjugiis. tians ; and asserted that they were moral laws which sat'rlm? obliged all mankind. And the books of Waldensis were approved by Pope Martin the First. There were also many quotations brought out of Petrus de Tarentasia, Durandus, Stephanus Brulifer, Richardus de Media Villa, Guido Briancon, Gerson, Paulus Ritius, and many others, to confirm the same opinion, who did all unanimously assert, That those laws in Leviticus are parts of the law of nature, which oblige all mankind, and that marriages contracted in these And ca- degrees are null and void. All the canonists were also of the same mind, Joannes Andreas, Joannes de Imola, Abbas Panormitanus, Matthaeus Neru, Vincentius, Innocentius, and Ostiensis, all concluded that these laws were still in force, and could not be dispensed with. " There was also a great deal alleged to prove, that a marriage is completed by the marriage contract, DOIl tats. PART I. BOOK II. 1G3 though it be never consummated. Many authorities Marriage were brought to prove that Adonijah could not marry 1*** Abishag, because she was his father's wife, though never known by him. And by the law of Moses, a woman espoused to a man, if she admitted another to her bed, was to be stoned as an adulteress ; from whence it appears, that the validity of marriage is from the mutual covenant. And though Joseph never knew the blessed Virgin, yet he was so much her husband by the espousals, that he could not put her away, but by a bill of divorce : and v/as afterwards called her husband, and Christ's father. Affinity had been also defined by all writers, ' a relation arising out of marriage ;' and since marriage was a sacrament of the church, its es- sence could only consist in the contract : and therefore, as a man in orders has the character, thougrh he never * O consecrated any sacrament ; so marriage is complete, though its eifectnever follows. And it was shewed that the canonists had only brought in the consummation of marriage as essential to it by ecclesiastical law : but that, as Adam and Eve were perfectly married before they knew one another, so marriage was complete upon the contract ; and what followed was only an effect done in the right of the marriage. And there was a great deal of filthy stuff brought together of the dif- ferent opinions of the canonists concerning consum- mation, to what degree it must go, to shew that it could not be essential to the marriage contract, which in modesty were suppressed. Both Hildebert of Mans, Ivo Carnotensis, and Hugo de Sto. Victore, had de- livered this opinion, and proved it out of St. Chrysos- tom, Ambrose, Austin, and Isidore. Pope Nicholas, and the council of Tribur, defined, that marriage was completed by the consent, and the benediction : from all which they concluded, that although it could not be proved that Prince Arthur knew the Queen, yet that she being once lawfully married to him, the King could not afterwards marry her. " It was also said, that violent presumptions were Violenl sufficient, in the opinion of the canonists, to prove con- t^nsT/* summation. Formal proofs could not be expected ; , n ,ioo M 2 164 BURNET'S REFORMATION. of prince and for persons that were of age, and in good health, Arthur's . j n k ec i too-ether, was in all trials about consum- marriage. mation all that the canonists sought for. And yet this was not all in this case ; for it appeared that upon her husband's death, she was kept with great care by some ladies, who did think her with child ; and she never said any thing against it. And in the petition offered to the Pope, in her name (repeated in the bull that was procured for the second marriage), it is said, she was 'perhaps known by Prince Arthur ;' and in the breve it is plainly said, she was known by Prince Ar- thur ; and though the Queen offered to purge herself by oath, that Prince Arthur never knew her, it was proved by many authorities out of the canon law, That a party's oath ought not to be taken, when there were violent presumptions to the contrary. The Pope's " As for the validity of the Pope's dispensation, it uoToTno was said, That though the schoolmen and canonists did generally raise the Pope's power very high, and stretch it as far as it was possible ; yet they all agreed that it could not reach the King's case ; upon this re- ceived maxim, ' That only the laws of the church are subject to the Pope, and maybe dispensed with by him; but that laws of God are above him, arid that he cannot in quod, dispense with them in any case.' This Aquinas de- Lib. 4. livers in many places of his works. Petrus de Palude says, The Pope cannot dispense with marriage in these Degrees, because it is against nature. But Joannes de Turre Cremata reports a singular case, which fell out when he was a Cardinal. A king of France desired a dispensation to marry his wife's sister. The matter was long considered of, and debated in the Rota, him- self being there, and bearing a share in the debate ; but it was concluded, ' That if any Pope, either out of ig- norance, or being corrupted, had ever granted such a dispensation, that could be no precedent or warrant for doing the like any more, since the church ought to be governed by laws, and not by such examples.' An- tonin, and Joannes de Tabia, held the same. And one Bacon, an Englishman, who had taught the con- trary, was censured for it even at Rome, and he did re- e t rt i n 13 PART I. BOOK II. 165 tract his opinion, and acknowledged, that the Pope could not dispense with the degrees of marriage for- bidden by the law of God. " The canonists, agree also to this ; both Joannes s up . c ap . Andreas, Joannes de Imola, and Abbas Panormitanus Res""* 1 assert it, saying, That the precepts in Leviticus oblige Spons - for ever, and therefore cannot be dispensed with. And Panormitan says, 'These things are to be observed c ap . ad in practice, because great princes do often desire dis- s^Jwi'. pensations from popes.' Pope Alexander the Third would not suffer a citizen of Pavia to marry his younger son to the widow of his eldest son, though he had sworn to do it. For the Pope said, it was against the law of God, therefore it might not be done, O * and he was to repent of his unlawful oath. "And for the power of dispensing even with the laws of the church by popes, it was brought in in the latter ages. All the fathers with one consent believed, That the laws of God could not be dispensed with by the church, for which many places were cited out of St. Cyprian, Basil, Ambrose, Isidore, Bernard, and Urban ; Fabian, Marcellus, and Innocent, that were popes; besides an infinite number of later writers. And also the popes Zosimus, Damascus, Leo, and HiLarius did freely acknowledge they could not change the decrees of the church, nor go against the opinions or practices of the fathers. And since the apostles confessed ' they could do nothing against the truth, but for the truth ;' the pope, being Christ's Vicar, cannot be supposed to have so great a power as to abrogate the law of God ; and though it is acknow- ledged, that he is vested with a ' fulness of power,' yet the phrase must be restrained to the matter of it, which is the pastoral care of souls. And though there was no court superior to the pope's, yet as St. Paul had withstood St. Peter to his face, so in all ages, upon several occasions, holy bishops have refused to . comply with, or submit to orders sent from Rome, when they thought the matter of them unlawful. " Laurence, that succeeded Austin the monk in the s** 1 see of Canterbury, having excommunicated King Ed- f that this matter went so easily in a P re- in the convocation, when another of far greater con- O sequence passed there, which will require a full and PART I. BOOK II. 173 distinct account. Cardinal Wolsey, by exercising his legantine authority, had fallen into a premunire, as hath been already shewn ; and now those who had appeared in his courts, and had suits there, were found to be likewise in the same guilt by the law ; and this matter, being excepted out of the pardon that was granted in the former parliament, was at this time set on foot : therefore an indictment was brought into the King's Bench, against all the clergy of England, for breaking the statutes against provisions or pro- visors. But to open this more clearly, It is to be considered, that the kings of England The P rero- having claimed in all ages a power in ecclesiastical Se'uogs matters, equal to what the Roman emperors had in a f n ^ ^ that empire, they exercised this authority both over clerical the clergy and laity ; and did at first erect bishop- " ricks, grant investitures in them, call synodsj make laws, about sacred as well as civil concerns ; and, in a word, they governed their whole kingdom. Yet when the bishops of Rome did stretch their power beyond either the limits of it in the primitive church, or what was afterwards granted them by the Roman emperors, and came to assume an authority in all the churches of Europe ; as they found some resistance every where, so they met with a great deal in this kingdom ; and it was with much difficulty, that they gained the power of giving investitures, receiving appeals to Rome, and of sending legates to England, with several other things, which were long contested, but were delivered up at length, either by feeble princes, or when kings were so engaged at home or abroad, that it was not safe for them to offend the clergy. For in the first contest between the kings and the popes, the clergy were generally on the popes' side, because of the immunity and protection they enjoyed from that see ; but when popes became am- bitious and warlike princes, then new projects and taxes were every where set on foot, to raise a great treasure. The pall, with many bulls and high com- The . positions for them, annates, or first-fruits and tenths, ^^ were the standing taxes of the clergy, besides many the ??** 174 BURNET'S REFORMATION. new ones upon emergent occasions. So that they, finding themselves thus oppressed by the popes, fled again back to the crown for protection, which their predecessors had abandoned. Man. From the days of Edward the First, many statutes The'iaws were made to restrain the exactions of Rome. For then ^alL the popes, not satisfied with their other oppressions, them. (which a monk of that time lays open fully, and from a deep sense of them) did by provisions, bulls, and other arts of that see, dispose of bishopricks, abbeys, and lesser benefices, to foreigners, cardinals, and others that did not live in England. Upon which the commonalty of the realm, did represent to the King 25 Edw. in parliament, " That the bishopricks, abbeys, and edtoThe other benefices were founded by the kings and people pSvuor ,! of England to inform the people of the law of God, MI**, and to make hospitality, alms, and other works of charity, for which end they were endowed by the King and people of England ; and that the King, and his other subjects who endowed them, had upon voidances the presentment and collations of them, which now the Pope had usurped and given to aliens, by which the crown would be disinherited, and the ends of their endowments destroyed, with other great inconveniences." Therefore it was ordained, " that these oppressions should not be suffered in any man- ner." But, notwithstanding this, the abuse went on, and there was no effectual way laid down in the act to punish these transgressions. The court of Rome was not so easily driven out of any thing that either increased their power or their profits ; therefore, by another act in his grandchild Edward the Third's is Fxiw. time, the Commons complained, " that these abuses tme of a did abound, and that the Pope did daily reserve to his proviso!?, collation church preferments in England, and raised the first-fruits, with other great profits, by which the treasure of the realm was carried out of it, and many clerks, advanced in the realm, were put out of their benefices, by those provisors ; therefore the King, being bound by oath to see the laws kept, did, with the assent of all the great men and the commonalty of PART I. BOOK II. 175 the realm, ordain, That the free elections, present- ments, and collations of benefices, should stand in the right of the crown, or of any of his subjects, as they had formerly enjoyed them, notwithstanding any pro- visions from Rome. And if any did disturb the in- cumbents by virtue of such provisions, those pro- visors, or others employed by them, were to be put in prison, till they made fine and ransom to the King at his will ; or if they could not be apprehended, writs were to be issued out to seize them, and all benefices possessed by them were to fall into the King's hands, except they were abbeys or priories, that fell to the canons or colleges." By another act 27 Edw. " the provisors, were put out of the King's protection, and if any man offended against them, in person or goods, he was excused, and was never to be impeached for it." And two years after that, upon another com- plaint of their suing the King's subjects mother courts, or beyond sea, it was ordained, " that any who sued, either beyond sea, or in any other court, for things that had been sued, and about which judgment had been given in former times, in the King's courts, were to be cited to answer for it in the King's courts within two months ; and if they came not, they were to be put out of the King's protection, and to forfeit their lands, goods, and chattels to the King, and to be imprisoned and ransomed at the King's will." Both these statutes received a new confirmation eleven years after that. But those statutes proved ineffectual ; and in the beginning of the reign of Richard the 3 Rich. Second, the former acts were confirmed by another "' cap ' 3 ' statute, and appointed to be executed : and not only the provisors themselves, but all such as took procu- ratories, letters of attorneys, or farms from them, were involved in the same guilt. And in the seventh year of that King, provisions were made against aliens having benefices without the King's license, and the King promised to abstain from granting them licenses: for this was another artifice of the Roman court, to get the King of their side, by accepting his license, which by this act was restrained. This failing, they 17t> BURNET'S REFORMATION. betook themselves to another course, which was, to prevail with the incumbents that were presented in England according to law, to take provisions for their benefices from Rome, to confirm their titles. This 12 Rich, was also forbidden under the former pains. As for ' cap ' 15 ' the rights of presentations, by the law they were tried and judged in the King's courts ; and the bishops were to give institution according to the title declared in these judgments. This the popes had a mind to draw to themselves, and to have all titles to advow- sons tried in their courts ; and bishops were excom- municated, who proceeded in this matter according to the law. Of which great complaint was made in 16 Rich, the sixteenth year of the reign of Richard the Second. u. cap. 5. And it was a dded to that, that the Pope intended to make many translations of bishops, some to be within, and some out of the realm, which, among other incon- veniences reckoned in the statute, would produce this effect, " That the crown of England, which had been so free at all times, should be subjected to the Bishop of Rome, and the laws and statutes of the realm by him defeated and destroyed at his will. They also found those things to be against the King's crown and regality, used and approved in the time of his progenitors. Therefore all the Commons resolved to live and die with him and his crown ; and they re- quired him by way of justice, to examine all the lords, spiritual and temporal, what they thought of those things, and whether they would be with the crown to uphold the regality of it? To which all the temporal lords answered, they would be with the crown. But the spiritual lords being asked, said, they would neither deny nor affirm that the Bishop of. Rome might, or might not, excommunicate bishops, or make translations of prelates : but upon that protestation, (they said,) that if such things were done, they thought it was against the crown, and said, they would be with the King, as they were bound by their legeance." Whereupon it was ordained, " that if any did purchase translations, sentences of excommuni- cations, bulls, or other instruments from the court of PART I. BOOK II. 177 Rome, against the King or his crown ; or whosoever brought them to England, or did receive, or execute them ; they were out of the King's protection, and that they should forfeit their goods and chattels to the King, and their persons should be imprisoned." And because the proceedings were to be put upon a writ, called from the most material words of it, prcemunire fades, this was called the " statute of premunire." When Henry the Fourth had treasonably usurped the crown, all the bishops (Carlisle only excepted) did assist him in it, and he did very gratefully oblige them again in other things ; yet he kept up the force of the former statutes. For the Cistercian order hav- ing procured bulls, discharging them of paying tithes, and forbidding them to let their farms to any, but to possess them themselves : this was complained of in parliament in the second year of his reign, " and those 2iienr y bulls were declared to be of no force ; and if any did put them in execution, or procured other such bulls, they were to be proceeded against, upon the statutes made in the thirteenth year of the former King's reign against provisors." But all this while, though they made laws for the future, yet they had not the cou- rage to put them in execution. And this feebleness in the government made them so much despised, and so oft broken ; whereas the severe execution of one law in one instance would more effectually have prevented the mischief, than all these laws did without execu- tion. In the sixth year of his rei^n, complaints beingr e Henry j ,. , , r ~ . A . r f , & IV.cap.l. made ot the excessive rates ot compositions tor arch- bishopricks and bishopricks in the Pope's chamber, which were raised to the treble of what had been for- merly paid ; it was enacted, " that they should pay no more than had been formerly wont to be paid." In 7 Henry the seventh year of his reign, the statute made in the second year was confirmed ; and by another act, " the licenses which the King had granted for the executing any of the Pope's bulls are declared of no force to pre- judice any incumbent in his right." Yet the abuses and encroachments of the court of Rome still increas- ing, all former statutes against provisors were con- VOL. i. N 178 BURNET'S REFORMATION. firmed again, and all elections declared free, and not to be interrupted, either by the Pope or the King : but at the same time, the King pardoned all the former 17 Henry transgressions against these statutes. By those par- 8 ' dons the court of Rome was more encouraged than terrified by the laws ; therefore there was a necessity v"c"p y 4. of making another law in the reign of Henry the Fifth, against provisors, " that the incumbents lawfully in- vested in their livings should not be molested by them, though they had the King's pardon : and both bulls and licenses were declared void and of no value ; and those who did upon such grounds molest them, should incur the pains of the statutes against provisors." Our kings took the best opportunity that ever could have been found to depress the papal power; for from the beginning of Richard the Second's reign, till the fourth year of Henry the Fifth, the popedom was broken by a long and great schism; and the kingdoms of Europe were divided in their obedience : some hold- ing for those that sate at Rome, and others for the popes of Avignon: England, in opposition to France, that chiefly supported the Avignon popes, did adhere to the Roman popes. The papacy being thus divided, the popes were as much at the mercy of kings for their protection, as kings had formerly been at their's ; so that they durst not thunder as they were wont to do ; otherwise this kingdom had certainly been put under excommunications and interdicts for these statutes, as had been done formerly upon less provocations. But now that the schism was healed, Pope Martin the Fifth began to reassume the spirit of his predeces- sors, and sent over threatening messages to England, in the beginning of Henry the Sixth's reign. None of our books have taken any notice of this piece of our KX MSS. history : the manuscript out of which I draw it has et>t ' been written near that time, and contains many of the letters that passed between Rome and England, upon this occasion. Reg. The first letter is to Henry Chichely, then arch- foutsl! bishop of Canterbury, who had been promoted to that see by the Pope, but had made no opposition to the PART 1. BOOK II. 179 statute against provisions in the fourth year of Henry the Fifth ; and afterwards, in the eighth year of his reign, when the Pope had granted a provision of the archbishoprick of York to the Bishop of Lincoln, the chapter of York rejected it, and, pursuant to the former statute, made a canonical election. Henry the Fifth being then the greatest king in Christendom, the Pope durst not offend him : so the law took place, without any further contradiction, till the sixth year of his son's reign, that England was both under an in- fant King, and had fallen from its former greatness : therefore, the Pope, who waited for a good conjunc- ture, laid hold on this, and first expostulated severely with the Archbishop for his remissness, that he had not stood up more for the right of St. Peter and the see of Rome, that had bestowed on him the primacy of Eng- land ; and then says many things against the statute of premunire, and exhorts him to imitate the example of his predecessor, St. Thomas of Canterbury, the martyr, in asserting the rights of the church ; requiring him, under the pain of excommunication, to declare at the next parliament to both Houses, the unlawful- ness of that statute, and that all were under excom- munication who obeyed it. But to make sure work among the people, he also commands him to give orders, under the same pains, that all the clergy of England should preach the same doctrine to the people. This bears date the 5th day of December, collect. 1426, and will be found in the Collection of Papers. N But it seems the Pope was not satisfied with his an- swer; for the next letter in that MS. is yet more severe, and in it his legantine power is suspended. It has no date added to it, but the paper that follows, bearing date the 6th of April, 1427, leads us pretty near the date of it. It contains an appeal of the Archbishop's from the Pope's sentence, to the next general council ; or, if none met, to the tribunal of God ajid Jesus Christ. There is also another letter, dated the 6th of May, directed to the Archbishop, and makes mention of letters written to the whole clergy to the same purpose, requiring him to use all his endeavours for repealing N 2 180 BURNET'S REFORMATION. the statute, and chides him severely because he had said, " that the Pope's zeal in this matter was only, that he might raise much money out of England ;" which he resents as a high injury, and protests that he designed only to maintain these rights that Christ himself had granted to his see, which the holy fathers, the councils, and the catholic church has always ac- knowledged. If this does not look like teaching ex cathedra, it is left to the reader's judgment. But the next letter is of a higher strain. It is di- rected to the two Archbishops only ; and, it seems, in despite to Chichely, the Archbishop of York is named before Canterbury. By it the Pope annuls the sta- tutes made by Edward the Third and Richard the Se- cond, and commands them to do no act in pursuance of them : and declares, if they, or any other, gave obe- dience to them, they were ipso facto excommunicated, and not to be relaxed, unless at the point of death, by any but the Pope. He charges them also to intimate that his monitory letter to the whole nation, and cause it to be affixed in the several places, where there might be occasion for it. This is dated the 8th of December, the tenth year of his popedom. Then follow letters from the University of Oxford, the Archbishop of York, the Bishops of London, Duresme, and Lincoln, to the Pope; all to mitigate his displeasure against the Archbishop of Canterbury, in which they gave him the highest testimony possible, bearing date the 10th and the 25th day of July. These the Archbishop sent by an express to Rome, and wrote the humblest submis- sion possible to the Pope; protesting that he had done, and would do, all that was in his power for repealing these statutes. One thing in this letter is remarkable : he says, " He hears the Pope had proceeded to a sen- tence against him, which had never been done from the days of St. Austin to that time : but he knew that only by report, for he had not opened, much less read, the bulls in which it was contained ; being command- ed by the King, to bring them with the seals entire, and lay them up in the paper-office till the parliament was brought together." o o lament. Collect, umb. 38. PART 1. BOOK II. 181 There are two other letters to the King, and one to And to u the parliament, for the repeal of the statute. In those J^? ""' to the King the Pope writes, that he had often pressed both King and parliament to it; and that the King had answered, that he could not repeal it without the par- liament. But he excepts to that, as a delaying the business, and shews it is of itself unlawful, and that the King was under excommunication as long as he kept it : therefore he expects that, at the furthest, in the next parliament it should be repealed. It bears collect. date the 13th of October, in the tenth year of his pope- N ' dom. In his letter to the parliament he tells them, that no man can be saved who is for the observation of that statute; therefore he requires them, under pain of damnation, to repeal it, and offers to secure them from any abuses which might have crept in formerly with these provisions. This is dated the 3d of Oc- tober, decimo pontificat : but I believe it is an error of the transcriber, and that its true date was the 13th of October. The parliament sate in January 1427, being the 6th year of King Henry the Sixth ; during which, on the 30th of January, the Archbishop of Canterbury, ac- companied by the Archbishop of York, the Bishops of London, St. David's, Ely, and Norwich, and the Abbots of Westminster and Reading, went from the House of Lords to the place where the House of Com- mons ordinarily sate, which was the refectory of the abbey of Westminster, where the Archbishop made a long speech, in the form of a sermon, upon that text, " Render to Caesar the things that are Caesar's, and to God the things that are God's." He began with a protestation, that he and his brethren intended not to say any thing that might derogate from the King, the crown, or the people of England. Then he alleged many things for the Pope's power in grant- ing provisions, to prove it was of Divine right, and admonished and required them to give the Pope. satis- faction in it, otherwise he laid out to them with tears what mischief might follow, if he proceeded to cen- sures ; which will appear more fully from the instru- r.ut to no 182 BURNET'S REFORMATION. merit that will be found in the Collection at the end. But it seems the parliament would do nothing for all cXcT. this ; for no act, neither of repeal nor explanation, Nu-nb. 4o. was passe d. Yet it appears the Pope was satisfied with the Archbishop's carriage in this matter, for he soon after restored him to the exercise of his legantine power, as Godwin has it ; only he, by a mistake, says, he was made legate anno 1428, whereas it was only a restitution after a censure. ri,e clergy Thus stood the law of England in that matter, hem- e which was neither repealed nor well executed ; for 3tlves> the Pope's usurpations still increasing, those statutes lay dead among the records, and several cardinals had procured and executed a legantine power, which was clearly contrary to them. And as Cardinal Wolsey was already brought under the lash for it, so it was now made use of, partly to give the court of Rome apprehensions of what they were to expect from the King, if they went on to use him ill ; and partly to proceed severely against all those of the clergy who adhered obstinately to the interests of that court, and to make the rest compound the matter, both by a full submission and a considerable subsidy. It was in vain to pretend, it was a public and allowed error, and that the King had not only connived at the Car- dinal's proceedings, but had made him all that while his chief minister : that, therefore, they were excusa- ble in submitting to an authority to which the King gave so great encouragement ; and that if they had done otherwise they had been unavoidably ruined. For to all this it was answered, that the laws were still in force, and that their ignorance could not ex- cuse them, since they ought to have known the law ; yet since the violation of it was so public, though the court proceeded to a sentence, that they were all out of the King's protection, and were liable to the pains of ^, et they the statutes : the King was willing, upon a reasonable compound. .,. -, -, ,, . . . , - composition, and a lull submission, to pardon them, So, in the convocation of Canterbury, a petition was brought in to be offered to the King. In the King's PART I. BOOK II. 183 title, he was called, "The protector and supreme head A D J ac - of the church and the clergy of England." To this r? some opposition was made, and it was put off to an- * up " m r e . i 111- f /$ n head of the other day ; but, by the interposition ot Cromwell, and church of others of the King's council, who came to the convo- IT u^ttri. cation and used arguments to persuade them to it, they were prevailed with to pass it with that title, % at least none speaking against it : for when Warham, arch- bishop of Canterbury, said, " That silence was to be taken for consent," one cried out, " they were then all silent ;" yet it was moved by some to add these words to the title, "in so far as is lawful by the law of Christ." But Parker says, the King disliked Anti q .,it. that clause, since it left his power still disputable ; j^" 5 * therefore it was cast out, and the petition passed Waihan >- simply as it was first brought in. Yet in that he was certainly misinformed, for when the convoca- tion of York demurred about the same petition, and sent their reasons to the King, why they could not ac- knowledge him supreme head, which (as appears by p r ; ute d the King's answer to them) were chiefly founded on a ^ a this, that the term head was improper, and did not agree to any under Christ ; the King wrote a long and sharp answer to them, and shewed them, that words were not always to be understood in their strict sense, but according to the common acceptation. And among other things, he shewed what an explanation was made in the convocation of Canterbury, that it was " in so far as was agreeable to the law of Christ ;" by which it appears, that at that time the King was satisfied to have it pass any way, and so it was agreed to by nine bishops (the Bishop of Rochester being one) and sixty-two abbots and priors, and the major part of the lower House of Convocation in the pro- vince of Canterbury. Of which number it is very probable Reginald Pool was, for in his book to the King he says, he was then in England ; and adds, that the King would not accept of the sum the clergy offered, unless they acknowledged him supreme head : he being then Dean of Exeter, was of the lower House of Convocation ; and it is not 184 BURNET'S REFORMATION. likely the King would have continued the pensions and other church preferments he had, if he had re- fused to sign that petition and submission. By it they prayed the King to accept 100,000/. in lieu of all punishments which they had incurred by going against the statutes of provisors, and did promise for the future, neither to make nor execute any consti- tution without the King's license ; upon which he granted them a general pardon : and the convoca- tion of the province of York offering 1 8,840/. with another submission of the same nature afterwards, though that met with more opposition, they were also pardoned. The com. When the King's pardon for the clergy was brought she to be into the House of Commons, they were much troubled in C the ded to find themselves not included within it; for by the K j|^ statutes of provisors many of them were also liable, Ila11 - and they apprehended that either they might be brought in trouble, or at least it might be made use of to draw a subsidy from them : so they sent their Speaker, with some of their members, to represent to the King, the great grief of his commons to find them- selves out of his favour, which they concluded from the pardon of the pains of premunire to his spiritual subjects, in which they were not included ; and there- fore prayed the King that they might be compre- hended within it. But the King answered them, that they must not restrain his mercy, nor yet force it : it was free to him either to execute or mitigate the severity of the law : that he mi^ht well grant his pardon by his great seal without their assent, but he would be well advised before he pardoned them, be- cause he would not seem to be compelled to it. So they went away, and the House was in some trouble : many blamed Cromwell, who was growing in favour, for this rough answer ; yet the King's pardon was passed. which But his other concerns made him iudge it very unfit the King , l v T afterwards to send away his parliament discontented ; and since j^ was so eag y fo ^ nem as ^ o as ] c no su bsidy, he had no mind to offend them ; and therefore, when the grants, PART I. BOOK II. 185 thing was over, and they out of hopes of it, he, of his own accord, sent another pardon to all his tempo- ral subjects of their transgressions of the statutes of provisors and premumre ; which they received with great joy, and acknowledged there was a just tem- perature of majesty and clemency in the King's pro- ceedings. During this session of parliament, an unheard-of ***- crime was committed by one Richard Rouse, a cook, pTsomng who, on the 16th of February, poisoned a vessel of yeast, that was to be used in porridge in the Bishop of Rochester's kitchen, with which seventeen persons of his family were mortally infected, and one of the gentlemen died of it; and some poor people, that were charitably fed with the remainder of it, were also infected, one woman dying. The person was ap- prehended, and by act of parliament poisoning was - "en- declared treason, and Rouse was attainted, and sen- A. ie. tenced to be boiled to death, which was to be the punish- ment of poisoning for all times to come, that the terror of this unheard-of punishment might strike a horror in all persons at such an unexampled crime. And the Hal1 - sentence was executed in Smithfield soon after. Of this I takenotice the rather because of Sanders's malice, who says, this Rouse was set on by Anne Bo- leyn, to make away the Bishop of Rochester, of which there is nothing on record, nor does any writer of that time so much as insinuate it. But persons that are set on to commit such crimes are usually either con- veyed out of the way, or secretly dispatched, that they may not be brought to an open trial. And it is not to be imagined, that a man that was employed by them that might have preferred him, and found himself given up and adjudged to such a death, would not have published their names who set him on, to have lessened his own guilt, by casting the load upon them that had both employed and deserted him. But this must pass among the many other vile calumnies of which Sanders has been the inventor, or publisher, and for which he has already answered to his Judge. When the session of parliament was over, the King L - neibei J8G BURNET'S REFORMATION. continued to ply the Queen, with all the applications he could think of, to depart from her appeal. He grew very melancholy, and used no sort of diversion, but was observed to be very pensive. Yet nothing could prevail with the Queen. She answered the lords of the council, when they pressed her much to it, " That she prayed God to send the King a quiet conscience, but that she was his lawful wife, and would abide by it, till the court of Rome declared the contrary." Upon which the King forbore to see her, or to receive ,j any tokens from her, and sent her word, to choose where she had a mind to live, in any of his manors. She answered, that to which place soever she was re- moved, " nothing could remove her from being his The King wife." Upon this answer the King left her at Wind- Qulen. the sor, the 14th of July, and never saw her more. She removed first to Moor, then to Easthamstead, and at last to Ampthill, where she stayed longer. A disorder The clergy went now about the raising of the hun- cir g "y It 6 dred thousand pounds, which they were to pay in five ^outthe years ; and, to make it easier to themselves, the pre- i"aii idy ' a * es ^ a d a great mind to draw in the inferior clergy to bear a part of the burden. The Bishop of London called a meeting of some priests about London, on the 1st of September, to the Chapter-house at St. Paul's. He designed to have had at first only a small number, among whom he hoped it would easily pass, and that being done by a few, others would more willingly follow. But the matter was not so secretly carried, but that all the clergy about the city hearing of it, went thither. They were not a little encouraged by many of the laity, who thought it no unpleasant diversion to see the clergy fall out among themselves. So when they came to the Chapter-house on the day appointed, the Bishop's officers would only admit some few to enter ; but the rest forced the door and rushed in, and the Bishop's servants were beaten and ill used. But the Bishop, seeing the tumult was such that it could not be easily quieted, told them all, " That as the state of men in this life was frail, so the clergy, through frailty and want of wisdom, had misdemeaned them- PART I. BOOK II. Ib7 selves towards the King, and had fallen in a premu- nire, for which the King of his great clemency was pleased to pardon them, and to accept of a little, in- stead of the whole of their benefices, which by the law, had fallen into his hand : therefore he desired they would patiently bear their share in this burden." But they answered, they had never meddled with any of the Cardinal's faculties, and so had not fallen in the premunire ; and that their livings were so small, that they could hardly subsist by them. Therefore, since the bishops and abbots were only guilty, and had good preferments, they only ought to be punished and pay the tax ; but that for themselves they needed not the King's pardon, and so would pay nothing for it. Upon which the Bishop's officers threatened them ; but they on the other hand (being encouraged by some laymen that came along with them) persisted in the denial to pay any thing ; so that from high words the matter came to blows, and several of the Bishop's servants were ill handled by them. But he, to prevent a fur- ther tumult, apprehending it might end upon himself, gave them good words, and dismissed the meeting with his blessing, and promised that nothing should be brought in question that was then done. Yet he was not so good as his word, for he complained of it to the Lord Chancellor, who was always a great fa- vourer of the clergy ; by whose order fifteen priests and five laymen were committed to several prisons ; but whether the inferior clergy paid their proportion of the tax, or not, I have not been able to discover. This year the state of affairs beyond sea changed The F v J rpi r> J 1 Wlsoff very considerably. 1 he rope expected not only to to the recover Florence to his family, by the Emperor's means, but also to wrest Modena and Reggio from the Duke of Ferrara, to which he pretended, as being fiefs of the papacy ; and the Emperor had engaged by the former treaty to restore them to him. But now that the Pope's pretensions were appointed to be examined by some judges delegated by the Emperor, they de- termined against the Pope, for the Duke of Ferrara ; which so disgusted the Pope, that he fell totally from French faction. 188 BURNET'S REFORMATION. the Emperor, and did unite with the King of France, a match being also projected between the Duke of Orleans (afterwards Henry II.) and his niece Catha- rine de Medici ; which did work much on the Pope's ambition, to have his family allied to so mighty a monarch. So that now he became wholly French. A match The French King was also, on account of this mar- projected 11 i -111 between Tiage, to resign all the pretensions he had to any terri- n'iece'Tnd 1 tory in Italy to his younger son; which, as it would the^Duke gj ve ] ess umbrage to the other princes of Italy, who leans. liked rather to have a King's younger son among them, than either the Emperor, or the French King : so the Pope was wonderfully pleased to raise another great prince in Italy out of his own family. On these grounds was the match at this time designed, which afterwards took effect; but with this difference, that by the Dauphin's death the Duke of Orleans became King of France, and his Queen made the greatest figure that any Queen of France had done for many ages. This change in the Pope's mind might have pro- duced another in the King's affairs, if he had not al- ready gone so far, that he was less in fear of the Pope than formerly. He found the credit of his clergy was so low, that to preserve themselves from the contempt and fury of the people, they were forced to depend wholly on the crown. For Lutheranism was then making a great progress in England, of which I shall say nothing here, being resolved at the end of this book to give an account of the whole course of it in those years that fall within this time. But what by the means of the new preachers, what by the scandals cast on the clergy, they were all at the King's mercy; so he did not fear much from them, especially in the southern parts, which were the richest and best peo- pled : therefore the King went on resolutely. The Pope on the other hand was in great perplexity ; he saw England ready to be lost, and knew not what to do to rescue or preserve it. If he gave way to what was lately done in the business of the premunire, he must thereby lose the greatest ad vantages he drew from PART I. BOOK II. 189 that nation ; and it was not likely, that after the King had Qfone so far, he would undo what was done. O 7 The Emperor was more remiss in prosecuting the The E. Queen's appeal at Rome ; for at that time the Turk, j^ged with a most numerous and powerful army, was mak- ^ it * " h " ing an impression on Hungary, (which to the great Turk. scandal of the most Christian King was imputed to his counsels and presents at the Porte,) and all the Em- peror's thoughts were taken up with this. Therefore, as he gave the Protestant princes of Germany some present satisfaction in religion and other matters ; so he sent over to England, and desired the King's assis- tance against that vast army of three hundred thousand men that was falling in upon Christendom. To this the King made a general answer, that gave some hopes of assisting him. But at the same time, the Protestant princes, resolving to draw some advantage from that conjuncture of affairs, and being courted by the French King, entered into a league with him for the defence of the rights of the empire. And to make this firmer, the King was invited by the French King to join in it; to which he consented, and sent over to France a sum of money to be employed for the safety of the empire. And this provoked the Emperor to renew his en- deavours in the court of Rome for prosecuting the Queen's appeal. The French King encouraged the King to go on with his divorce, that he might totally alienate him from the Emperor. The French writers also add another consideration, which seems unworthy of so great a King, that he himself, being at that time so public a courtier for ladies, was not ill pleased to set forward a thing of that nature. " But though princes allow themselves their pleasures, yet they seldom govern their affairs by such maxims." In the beginning of the next year a new session of 1532. parliament was held, in which the House of Com- L P nT mons went on to complain of many other grievances 7 h p e la j c ns they lay under from the clergy, which they put in a ciesiasucai writing, and presented it to the King. In it they c complained of the proceedings in the spiritual courts, 190 BURNET'S REFORMATION. and especially their calling men before them, ex officw, and laying articles to their charge without any ac- cuser ; and then admitting no purgation, but causing nan. the party accused, either to abjure, or to be burnt ; which they found very grievous and intolerable. This was occasioned by some violent proceedings against some reputed heretics, of which an account shall be given afterwards. But those complaints were stifled, and great misunderstandings arose between the King and the House of Commons upon this following oc- casion. Bat reject There was a common practice in England of men's abil1 making such settlements of their estates by their warL last wills, or other deeds, that the King and some great lords were thereby defrauded of the advantages they made by ivards, marriages, and primer seasin. For regulating which, a bill was brought in to the House of Peers, and assented to there ; but when it was sent down to the House of Commons, it was re- jected by them, and they would neither pass the bill, nor any other qualification of that abuse. This gave the King great offence ; and the House, when they ad- dressed to him about the proceedings of the clergy, ihecom- also prayed, "That he would consider what cost, tmn 1S th P a e t" charge, and pains they had been at since the begin- b^d.v* 7 nm o f tne parliament, and that it would please his solved. Grace of his princely benignity to dissolve his court of parliament, and that his subjects might return into their countries." To which the King answered, The King's That for their complaints of the clergy, he must answer. - . i -i p i t i i hear them also before he could give judgment, since in justice he ought to hear both parties ; but that their desiring the redress of all such abuses, was con- trary to the other part of their petition ; for if the parliament were dissolved, how could those things they complained of be amended? And as they complained of their long attendance, so the King had stayed as long as they had done, and yet he had still patience, and so they must have, otherwise their grievances would be without redress. But he did expostulate severely upon their rejecting PART I. BOOK II. 191 the bill about the deeds in prejudice of the rights of the crown. He said, he had offered them a great mi- tigation of what by the rigour of the law he might pretend to ; and if they would not accept of it, he would try the utmost severity that the law allowed, and would not offer them such a favour again." Yet all this did not prevail, for the act was rejected, and their complaint against the clergy was also laid aside, and the parliament was prorogued till April next. In this parliament the foundation of the breach that afterwards followed with Rome was laid, by an act for restraining the payment of annates to that court ; which, since it is not printed with the other statutes, shall be found in the end of this volume. The sub- stance of it is as follows : " That great sums of money had been conveyed An act out of the kingdom, under the title of annates, or first- j^"". fruits to the court of Rome, which they extorted by Collect - 0111 11 i i -I Numl> ' 4 restraint ot bulls and other writs ; that it happened often, by the frequent deaths of archbishops and bishops, to turn to the utter undoing of their friends, who had advanced those sums for them. These an- nates were founded on no law : for they had no other way of obliging the incumbents of sees to pay them, but by restraining their bulls. The parliament, there- fore, considering that these were first begun to be paid to defend Christendom against infidels, but were now turned to a duty claimed by that court against all right and conscience, and that vast sums were carried away upon that account, which, from the second year of King Henry the Seventh to that pre- sent time, amounted to eight hundred thousand du- cats, besides many other heavy exactions of that court, did declare that the King was bound by his duty to almighty God, as a good Christian Prince to hinder these oppressions. And that the rather, be- cause many of the prelates were then very aged, and like to die in a short time, whereby vast sums' of money should be carried out of England, to the great impoverishing of the kingdom. And therefore all payments of first-fruits to the court of Rome were 192 BURNET'S REFORMATION. put down, and for ever restrained, under the pains of the forfeiture of the lands, goods, and chattels of him that should pay them any more, together with the profits of his see during the time that he was vested with it. And in case bulls were restrained in the court of Rome, any person presented to a bishoprick, should be, notwithstanding, consecrated by the arch- bishop of the province ; or if he were presented to an archbishoprick, by any two bishops in the king- dom, whom the King should appoint for that end ; and being so consecrated, they should be invested and enjoy all the rights of their sees in full and am- ple manner : yet, that the Pope and court of Rome might have no just cause of complaint, the persons presented to bishopricks are allowed to pay them five lib. for the hundred, of the clear profits and revenues of their several sees. But the parliament, not willing to go to extremities, remitted the final ordering of that act to the King, that if the Pope would either charitably and reasonably put down the payment of annates, or so moderate them that they might be a tolerable burden, the King might at any time before Easter 1533, or before the next session of parliament, declare by his letters patents, whether the premises or any part of them should be observed or not, which should give them the full force and authority of a law. And that if upon this act the Pope should vex the King or any of his subjects, by excommunica- tions or other censures, these notwithstanding, the King should cause the sacraments, and other rites of the church to be administered, and that none of these censures might be published or executed." This bill began in the House of Lords ; from them it was sent to the Commons, and being agreed to by them, received the royal assent, but had not final con- firmation mentioned in the act before the 9th of July, 1533 ; and then by letters patents (in which the act The Pop? is at length recited) it was confirmed. UM KJaR But now I come to open the final conclusion of the J^ n ; he King's suit at Rome. On the 25th of January, " The a, n ,e a i. Pope wrote to the King, that he heard reports which Parl. Kolls. PART I. BOOK 1. 193 he very unwillingly believed, that he had put away his Queen, and kept one Anne about him as his wife ; which, as it gave much scandal, so it was a high con- tempt of the apostolic see, to do such a thing while his suit was still depending, notwithstanding a pro- hibition to the contrary. Therefore the Pope, remem- bering his former merits, which were now like to be clouded with his present carriage, did exhort him to take home his Queen, and to put Anne away ; and not to continue to provoke the Emperor and his bro- ther by so high an indignity, nor to break the general peace of Christendom, which was its only security against the power of the Turk." What answer the King made to this, I do not find ; but instead of that I shall set down the substance of a dispatch, which the King sent to Rome about this time, drawn from a copy of it, to which the date is not added. But it being an answer to a letter he received from the Pope the 7th of October, it seems to have been written about this time ; and it concluding with a credence to an ambassador, I judge it was sent by Doctor Bennet, who was dispatched to Rome in January L. Herbert. 1532, to shew the Pope the opinions of learned men, and of the universities, with their reasons. The letter will be found in the end of this volume; thecoiiect.^ contents of it are to this purpose : " The Pope had writ to the King, in order to the A dispatch clearing all his scruples, and to give him quiet in his King M conscience ; of which the King takes notice, and is ** Pope> sorry that both the Pope and himself were so deceived in that matter ; the Pope by trusting to the judgments of others, and writing whatever they suggested ; and the King by depending so much on the Pope, and in vain expecting remedy from him so long. He im- putes the mistakes that were in the Pope's letters (which he says had things in them contrary both to God's laws and man's laws), to the ignorance and rashness of his counsellors : for which himself was much to be blamed, since he rested on their advice ; and that he had not carried himself as became Christ's Vicar, but had dealt both unconstantly and deceit- VOL. i. o 194 BURNET'S REFORMATION. fully ; for when the King's cause was first opened to him, and all things that related to it were explained, he had granted a commission, with a promise not to recal it, but to confirm the sentence which the Legates should give ; and a decretal was sent over, defining the cause. If these were justly granted, it was injus- tice to revoke them ; but if they were justly revoked, it was unjust to grant them. So he presses the Pope, that either he could grant these things, or he could not. If he could do it, where was the faith which became a friend, much more a Pope, since he had broke these promises ? but if he said he could not do them, had he not then just cause to distrust all that came from him, when at one time he condemned what he had allowed at another? So that the King saw o clearly he did not cpnsider the ease of his conscience, but other worldly respects, that had put him on con- sulting so many learned men, whose judgments dif- fered much from those few that were about the Pope, who thought the prohibition of such marriages was only positive, and might be dispensed with by the Pope ; whereas all other learned men thought the law was moral and indispensable. He perceived the apostolic see was destitute of that learning by which it should be directed, and the Pope had oft professed his own ignorance, and that he spake by other men's mouths ; but many universities in England, France, and Italy, had declared the marriage unlawful, and the dispensation null. None honoured the apostolic see more than he had done, and therefore he was sorry to write such things if he could have been silent. If he should obey the Pope's letters, he would offend God and his own conscience, and give scandal to those who condemned his marriage : he did not wil- lingly dissent from him without a very urgent cause, that he might not seem to despise the apostolic see ; therefore he desired the Pope would forgive the free- dom that he used, since it was the truth that drew it from him. And he added, that he intended not to impugn the Pope's authority further, except he com- pelled him ; and what he did was only to bring it PART I. BOOK II. 195 within its first and ancient limits, to which it was better to reduce it, than to let it always run on head- long and do amiss ; therefore he desired the Pope would conform himself to the opinions of so many learned men, and do his duty and office. The letter ends with a credence to the ambassador." The Pope, seeing his authority was declining in England, resolved now to do all he could to recover it, either by force or treaty ; and so ordered a citation to be made of the King to appear in person, or by proxy, at Rome, to answer to the Queen's appeal : upon which, Sir Edward Karne was sent to Rome, with a new character of Excusator. " His instructions si were to take counsel for pleading an excuse of the King's appearance at Rome. First, upon the grounds that might be found in the canon law ; and these not being sufficient, he was to insist on the prerogatives of the crown of England." Doctor Bonner went with him, who had expressed much zeal in the King's cause, though his great zeal was for preferment, which by the most servile ways he always courted. He was a forward bold man, and since there were many threatenings to be used to the Pope and cardinals, he was thought fittest for the employment, but was neither learned nor discreet. They came to Rome in February, where they found HIS m> g o. great heats in the consistory about the King's business. ^eT The Imperialists pressed the Pope to proceed, but all ^ e ri f m the wise and indifferent cardinals wereof anothermind. nal ><; And when they understood what an act was passed vu. i. about annates, they saw clearly that the parliament B- 13- was resolved to adhere to the King in every thing he intended to do against their interests. The Pope ex- postulated with the ambassadors about it ; but they told him the act was still in the King's power; and ex- cept he provoked him, he did not intend to put it in execution. The ambassadors, finding the Cardinal of Ravenna of so great reputation, both for learning and virtue, that in all matters of that kind, his opinion was heard as an oracle, and gave law to the whole consis- tory ; they resolved to gain him by all means possible. o2 196 BURNET'S REFORMATION. And Doctor Bennet made a secret address to him, and offered him what bishoprick either in France or in England he would desire, if he would bring the King's matter to a good issue. He was at first very shy : at length he said, he had been oft deceived by many princes, who had made him great promises, but when their business was ended never thought of performing them : therefore he would be sure ; and so drove a bargain, and got under Dr. Bennet's hand a promise, (of which a copy being sent to the King, written by Bennet himself, will be found at the end of this vo- car- l u me,) bearing, that he, having powers from the King e" for that effect, dated the 29th of December last, did rikt promise the Cardinal, for his help in the King's affair, mTw monaster i es or other benefices in France, to the value of six thousand ducats a year, and the first bishoprick that fell vacant in England ; and if it were not Ely, that whenever that see was vacant, upon his resigning the other, he should be provided with the bishoprick of Ely : dated at Rome, the 7th of February, 1532. This I set down as one of the most considerable ar- guments that could be used to satisfy the Cardinal's conscience about the justice of the King's cause. This Cardinal was the fittest to work secretly for the King, for he had appeared visibly against him. I find also by other letters, that both the Cardinals of Ancona and Monte (afterwards Pope Julius the Third) were prevailed with by arguments of the same nature, though I cannot find out what the bargains were. Pro- videllus, that was accounted the greatest canonist in Italy, was brought from Bononia, and entertained by the ambassadors to give counsel in the King's cause, aad to plead his excuse from appearing at Rome. The plea was summed up in twenty-seven articles, which were offered to the Pope; and he admitted them to be examined in the consistory, appointing three of them to be opened at a session. But the Imperialists opposed that, and after fifteen of them had been heard, procured a new order, that they should be heard in a congregation of cardinals before the Pope ; pretend- ing, that a consistory sitting but once a week, and hav PART I. BOOK II. 197 ing a great deal of other business, it would be long be- fore the matter could be brought to any issue. SoKarne was served with a new order to appear in the congre- gation the 3d of April, with this certification, that if he appeared not, they would proceed. Upon which he protested, that he would adhere to the former order ; yet being warned the second time, he went first and protested against it, which he got entered in the Datary. This being considered in the congre- gation, they renewed the order of hearing it in the consistory on the 10th of April, and then Providellus opened three conclusions. Two of them related to Karne's powers, the third was concerning the safety of the place to both parties. But the Imperialists and the Queen's counsel being dissatisfied with this order, would not appear. Upon which Karne complained of their contumacy, and said, by that it was visible they were distrustful of their cause. On the 14th of April, a new intimation was made to Karne to appear on the 17th with his advocates, to open all the rest of the conclusions ; but he, according to the first order, would only plead to three of them, and selected the nineteenth, twentieth, and twenty-first (what these collect. related to I find not). Upon which Providellus N ' pleaded, and answered the objections that did seem to militate against them ; but neither would the Im- perialists appear that session. In June news were brought to Rome, which gave the Pope great offence : a priest had preached for the Pope's authority in England, and was for that cast into prison. And another priest being put in prison by the Archbishop of Canterbury, upon suspicion of heresy, had appealed to the King as the supreme head : upon which he was taken out of the Archbishop's hands, and being examined in the King's courts was set at li- berty. This the Pope resented much : but the ambas- sadors said, all such things mighthave been prevented, if the King had got justice at the Pope's hands. The King also at this time desired a bull for a com- A bun for mission to erect six new bishopricks, to be endowed by ne monasteries that were to be suppressed. This was ex- riekt - 198 BURNET'S REFORMATION. pedited and sent away at this time : and the old Car- dinal of Ravenna was so jealous, that the ambassadors were forced to promise him the bishoprick of Chester (one of the new bishopricks) : with which he was well satisfied, having seen, by a particular state of the en- dowment that was designed for it, what advantage it would yield him. But he had declared himself so openly before against the reasons for the excuse, that he could not serve the King in that matter, but in the main cause he undertook to do great service, and so did the Cardinals De Monte and Ancona. Upon the 27th of June the debate was brought to a conclusion about the plea excusatory ; and when it was expected that the Pope should have given sentence against the articles, he admitted them all, si et prout dejure. Upon which the Imperialists made great com- plaints : the cardinals grew weary of the length of the debate, since it took up all their time ; but it was told them, the matter was of great importance, and it had been better for them not to have proceeded so preci- pitately at first, which had now brought them into this trouble, and that the King had been at much pains and trouble on their account; therefore it was unreasonable for them to complain, who were put to no other trou- ble, but to sit in their chairs two or three hours in a week to hear the King's defences. The Imperialists had also occasioned the delays, though they com- plained of them by their cavils, and allegations of laws, and decisions that never were made, by which much time was spent. But it was objected, that the King's excuse for not coming to Rome, because it was too re- mote from his kingdom, and not safe, was of no force; since the place was safe to his proxy. And the Car- dinal of Ravenna pressed the ambassadors much to move the King, instead of the excusatory process, to send a proxy, for examining and discussing the me- rits of the cause, in which it would be much easier to advance the King's matter ; and that he, having ap- peared against the King in this process, would be the less suspected in the other. The business being further considered in three ses- PART I. BOOK II. 199 sions of the consistory, it was resolved, that, since the The p op e vacation was coming on, they would neither allow of, Dicing nor reject the King's excusatory plea ; but the Pope J^* and college of cardinals would write to the King, en- to him. treating him to send a proxy for judging the cause HA <. against the winter. And with this Bonner was sent over, with instructions from the cardinals that were gained to the King, to represent to him that his excu- satory plea could not be admitted ; for since the de- bate was to be, whether the Pope could grant the dis- pensation or not, it could not be committed to legates, but must be judged by the Pope and the consistory. He was also ordered to assure the King, that the Pope did now lean so much to the French faction, that he needed not fear to refer the matter to him. But while these things were in debate at Rome, A session there was another session of parliament in April ; and 2 11 *' then the King sent for the Speaker of the House of Commons, and gave him the answer which the clergy had drawn to the addresses they made in the former session about their courts. The King himself seemed not at all pleased with it ; but what the House did in it does not appear, further than that they were no way satisfied with it. But there happened another thing that offended the King much : one Themse of the o ne moves House of Commons moved, that they should address [ng^ 8 to the King to bring the Queen back to the court ; Jf o a u " n to and ran out upon the inconveniences that were like to follow if the Queen were put away, particularly the ill consequence of the illegitimation of the Princess. Upon this the King took occasion (when he gave them At which the clergy's answer) to tell them, that he wondered at S^i^ IS that motion made in their House, for the matter was not to be determined there. It touched his soul ; he wished his marriage were good, but the doctors and learned men had determined it to be null and detest- able ; and therefore, he was obliged in conscience to abstain from her, which he assured them flowed from no lust nor foolish appetite. He was then forty-one years old, and at that age those heats abate. But ex- cept in Spain or Portugal it had not been heard of, I 200 BURNET'S REFORMATION. that a man married two sisters ; and that he never heard, that any Christian man before himself had married his brother's wife : therefore he assured them his con- science was troubled, which he desired them to report to the House. In this session the Lord Chancellor came down to the Commons, with many of the nobi- lity about him, and told them, the King had consi- dered the marches between England and Scotland, which were uninhabited on the English side, but well peopled on the Scottish ; and that laid England open to the incursion of the Scots : therefore the King in- tended to build houses there, for planting the English side. This the lords liked very well, and thought it convenient to give the King some aids for the charges of so necessary a work, and therefore desired the Com- A snbsidy mons to consult about it. Upon which the House voted a subsidy of a fifteenth : but before the bill could be finished, the plague broke out in London, and the parliament was prorogued till February following. The King On the 1 1 th of May (three days before the prorogation) otth" 1 * the King sent for the Speaker of the House of Com- dergy* 6 mons, and told him, " That he found upon inquiry, that swore to a \\ the prelates, whom he had looked on as wholly his dered by subjects, were but half subjects ; for at their conse- mo n ? m cration they swore an oath quite contrary to the oath they swore to the crown ; so that it seemed they were the Pope's subjects rather than his. Which he re- ferred to their care, that such order might be taken in it, that the King might not be deluded." Upon which the two oaths that the clergy swore to the King and the Pope were read in the House of Commons ; but the consequence of them will be better understood by setting them down. The Oath to the Pope. Theiroath j j ohllj Bishop oi Abbot of A. from this hour Pope. forward shall be faithful and obedient to St. Peter, and to the holy church of Rome, and to my Lord the Pope, and his successors, canonically entering. I shall not be of counsel nor consent, that they shall lose either life or member, or shall be taken, or suffer PART I. BOOK II. 201 any violence or any wrong, by any means. Their counsel to me credited by them, their messengers or letters, I shall not" willingly discover to any person. The papacy of Rome, the rules of the holy fathers, and the regality of St. Peter, I shall help, and maintain, and defend against all men. The Legate of the see apostolic going and coming I shall honourably entreat. The rights, honours, privileges, authorities of the church of Rome, and of the Pope and his successors, I shall cause to be conserved, defended, augmented, and promoted. I shall not be in council, treaty, or any act, in the which any thing shall be imagined against him or the church of Rome, their rights, seats, honours, or powers. And if I know any such to be moved or compassed, I shall resist it to my power, and as soon as I can I shall advertise him, or such as may give him knowledge. The rules of the holy fathers, the decrees, ordinances, sentences, disposi- tions, reservations, provisions, and commandments apostolic, to my power I shall keep, and cause to be kept of others. Heretics, schismatics, and rebels to our holy father, and his successors, I shall resist and persecute to my power. I shall come to the synod when I am called, except I be letted by a canonical impediment. The thresholds of the apostles I shall visit yearly personally, or by my deputy. I shall not alienate or sell my possessions without the Pope's counsel. So God help me and the holy Evangelists." The Oath to the King. " I John, Bishop of A. utterly renounce and clearly Their oath forsake all such clauses, words, sentences, and grants, King! which I have or shall have hereafter of the Pope's holiness, of and for the bishoprick of A. that in any wise hath been, is, or hereafter may be hurtful or pre- judicial to your Highness, your heirs, successors, dig- nity, privilege, or estate royal. And also I do swear, that I shall be faithful and true, and faith and truth I shall bear to you my sovereign Lord, and to your heirs, kings of the same, of life and limb, and yearly down his office. 202 BURNET'S REFORMATION. worship above all creatures, for to live and die with you and yours against all people. And diligently I shall be attendant to all your needs and business, after my wit and power, and your counsel I shall keep and hold, acknowledging myself to hold* my bishoprick of you only, beseeching you of restitution of the tem- poralities of the same; promising as before that I shall be a faithful, true, and obedient subject to your said Highness, heirs, and successors, during my life ; and the services and other things due to your High- ness for the restitution of the temporalities of the same bishoprick, I shall truly do and obediently per- form. So God me help and all saints." The contradiction that was in these was so visible, that it had soon produced a severe censure from the House, if the plague had not hindered both that and the bill of subsidy. So on the 14th of May the par- More imd liament was prorogued. Two days after, Sir Thomas More, lord chancellor, having oft desired leave to de- liver up the great seal, and be discharged of his office, obtained it ; and Sir Thomas Audley was made lord chancellor. More had carried that dignity with great temper, and lost it with much joy. He saw now how far the King's designs went ; and though he was for cutting off all the illegal jurisdiction which the popes exercised in England, and therefore went cheerfully along with the suit Qipr&mumre; yet when he saw a total rupture like to follow, he excused himself, and retired from business with a greatness of mind, that was equal to what the ancient philosophers pretended in such cases. He also disliked Anne Boleyn, and was prosecuted by her father, who studied to fasten some criminal imputations on him about the dis- charge of his employment; but his integrity had * In Strype's Cranmer, the oath expresses, that the archbishop acknowledged, that he took and held his see only of the King ; here he only professes to hold the see of the King. There is a difference in this which has attracted some notice. See Soames't History of the Reformation under King IJenry VIII., who supposes that Cardinal Pole was led into a mistake upon this head, when he charged Cranmer with having renounced the Pope's authority, after being by that very authority made archbishop ; in fact, he never acknowledged that he had been made archbishop by the Pope, but, according to the oath in Strype, expressly by the King. N. PART I. BOOK II. 203 been such, that nothing could be found to blemish his reputation. In September following, the King created Anne AD inter- Boleyn marchioness of Pembroke, to bring her by STi degrees up to the height for which he had designed King - her. And in October, he passed the seas, and had an interview with the French King ; where all the most obliging compliments that were possible passed on both sides with great magnificence, and a firm union was concerted about all their affairs. They published a league that they made to raise a mighty army next year against the Turk ; but this was not much considered, it being generally believed that the French King and the Turk were in a good corres- pondence. As for the matter of the King's divorce, Francis encouraged him to go on in it, and in his intended marriage with Anne Boleyn ; promising, if it were questioned, to assist him in it : and as for his appearance at Rome, as it was certain he could not go thither in person, so it was not fit to trust the se- crets of his conscience to a proxy. The French King seemed also resolved to stop the payment of annates, and other exactions of the court of Rome, and 'said he would send an ambassador to the Pope, to ask redress of these, and to protest, that if it were not granted, they would seek other remedies by provincial councils : and since there was an interview designed between the Pope and the Emperor at Bononia in December, the French King was to send two cardinals thither to procure judges for ending the business in England. There was also an interview proposed between the Pope and the French King at Nice or Avignon. To this the King of England had some inclinations to go for ending all differences, if the Pope were well disposed to it. Upon this, Sir Thomas Eliot was sent to Rome with < * answer to a message the Pope had sent to the King ; IdthT* from whose instructions both the substance of the tructi ns - VsOtt* JU- message and of the answer may be gathered. " The bnr y- va > Pope had offered to the King, that if he would name B ' any indifferent place out of his own kingdom, he 204 BURNET'S REFORMATION would send a legate and two auditors of the Rota thither, to form the process, reserving only the sen- tence to himself. The Pope also proposed a truce of three or four years, and promised that in that time he would call a general council. For this message o o the King sent the Pope thanks ; but for the peace, he could receive no propositions about it without the concurrence of the French King ; and though he did not doubt the justice of a general council, yet, con- sidering the state of the Emperor's affairs at that time with the Lutherans, he did not think it was then sea- sonable to call one. That as for sending a proxy to Rome, if he were a private person he could do it ; but it was a part of the prerogative of his crown, and of the privileges of his subjects, that all matrimonial causes should be originally judged within his king- dom by the English church, which was consonant to the general councils and customs of the ancient church, whereunto he hoped the Pope would have regard : and that for keeping up his royal authority, to which he was bound by oath, he could not, with out the consent of the realm, submit himself to a foreign jurisdiction ; hoping the Pope would not de- sire any violation of the immunities of the realm, or to bring these into public contention, which had been hitherto enjoyed without intrusion or molestation. The Pope had confessed that without an urgent cause the dispensation could not be granted. This the King laid hold on, and ordered his ambassador to shew him that there was no war, nor appearance of any, between England and Spain when it was granted. To verify that, he sent an attested copy of the treaty between his father and the crown of Spain at that time : by the words of which it appeared, that it was then taken for granted that Prince Arthur had consummated the marriage, which was also proved by good witnesses. In fine, since the thing did so much concern the peace of the realm, it was fitter to judge it within the king- dom than any where else ; therefore he desired the Pope would remit the discussing of it to the church of England, and then confirm the sentence they should PART I. BOOK II. 205 give. To the obtaining of this, the ambassador was to use all possible diligence ; yet if he found real in- tentions in the Pope to satisfy the King, he was not to insist on that as the King's final resolution : and to let the Cardinal of Ravenna see that the King in- tended to make good what was promised in his name, the bishoprick of Coventry and Litchfield falling va- cant, he sent him the offer of it, with a promise of the bishoprick of Ely when it should be void." Soon after this, he married Anne Boleyn, on the. The king 14th of November, upon his landing in England ; but "A"B O . Stow says that it was on the 25th of January.* ^'^ Rowland Lee (who afterwards got the bishoprick of cowper, Coventry and Litchfield) did officiate in the marriage, mutat* It was done secretly, in the presence of the Duke of ders ' Norfolk, and her father, her mother, and brother. The grounds on which the King did this were, that his former marriage being of itself null, there was no need of a declarative sentence after so many univer- sities and doctors had given their judgments against it. Soon after the marriage she was with child, which was looked on as a signal evidence of her chastity, and that she had till then kept the King at a due distance. But when the Pope and the Emperor met at Bo- A D inter- nonia, the Pope expressed great inclinations to favour l^^&e the French King ; from which the Emperor could ^P* and 1 . i . f> Emperor. not remove him, nor engage him to accept ot a match for his niece, Catharine de Medici, with Francis Sforza, duke of Milan. But the Pope promised him all that he desired as to the King of England, and so that matter was still carried on. Dr. Bennet made s several propositions to end the matter ; either that it ; should be judged in England, according to the decree v of the council of Nice, and that the Archbishop of *. Canterbury, with the whole clergy of his province, should determine it ; or that the King should name one, either Sir Thomas More or the Bishop of London, the Stow is in the right ; for in a letter of Cramner's to Hawkins, then the King's ambassador with the Emperor, dated in June from Croydon, he wrote : " Queen Anne was married much about St. Paul's Day last : as the con- dition thereof doth well appear, by reason she is now somewhat big with child." ome over- tures about edi- 206 BURNET'S REFORMATION. Queen should name another, the French King should name a third, and the Archbishop of Canterbury to be the fourth ; or that the cause should be heard in England, and if the Queen did appeal, it should be referred to three delegates, one of England, another of France, and a third to be sent from Rome, who should sit and judge the appeal in some indifferent place. But the Pope would hearken to none of these overtures, since they were all directly contrary to that height of authority which he resolved to maintain : therefore he ordered Capisucci, the dean of the Rota, to cite the King to answer to the Queen's appeal. Karne at Rome protested against the citation, since the Emperor's power was so great about Rome, that the King could not expect justice there ; and there- fore desired they would desist, otherwise the King would appeal to the learned men in universities ; and said, there was a nullity in all their proceedings, since the King was a sovereign prince, and the church of England a free church, over which the Pope had no just authority. 1533. But while this depended at Rome, another session ofptrHa" of parliament was held in England, which began to ment> sit on the 4th of February. In this, the breach with Rome was much forwarded by the act they passed An act against all appeals to Rome. " The preamble bears, appeal's That the crown of England was imperial, and that ^HeT* *he na ti n was a complete body within itself, with a vin. full power to give justice in all cases, spiritual as well as temporal ; and that in the spirituality, as there had been at all times, so there were then men of that sufficiency and integrity, that they might declare and determine all doubts within the kingdom ; and that several kings, as Edward I., Edward III., Richard II., and Henry IV., had by several laws preserved the liberties of the realms, both spiritual and temporal, from the annoyance of the see of Rome, and other foreign potentates; yet many inconveniences had arisen by appeals to the see of Rome in causes of matrimony, divorces, and other cases, which were not sufficiently provided against by these laws ; by which PART I. BOOK II. 207 not only the King and his subjects were put to great charges, but justice was much delayed by appeals ; and Rome being at such a distance, evidences could not be brought thither, nor witnesses, 'so easily as within the kingdom : therefore it was enacted, that all such causes, whether relating to the King or any of his subjects, were to be determined within the kingdom, in the several courts to which they belonged, notwithstanding any appeals to Rome, or inhibitions and bulls from Rome ; whose sentences should take effect, and be fully executed by all inferior ministers : and if any spiritual persons refused to execute them because of censures from Rome, they were to suffer a year's imprisonment, and fine and ransom at the King's will ; and if any persons in the King's domi- nions procured or executed any process or censures from Rome, they were declared liable to the pains in the statute of provisors in the sixteenth of Richard II. But that appeals should only be from the arch- deacon, or his official, to the bishop of the diocess, or his commissary, and from him to the archbishop of the province, or the dean of the Arches ; where the final determination was to be made without any further process ; and in every process concerning the King, or his heirs and successors, an appeal should lie to the Upper House of Convocation; where it should be finally determined, never to be again called in question." As this bill passed, the sense of both houses of par- liament about the Kmg's marriage did clearly appear, but in the convocation the business was more fully debated. The convocation of the province of Can- terbury was at this time destitute of its head and prin- cipal member. For Warham, archbishop of Canter- bury was dead since August last year. He was a great canonist, an able statesman, a dexterous cour- tier, and a favourer of learned men. He always hated Cardinal Wolsey, and would never stoop to him, esteeming it below the dignity of his see. He was not so peevishly engaged to the learning of the schools as others were, but set up and encouraged a 208 BURNET'S REFORMATION. more generous way of knowledge ; yet he was a se- vere persecutor of them whom he thought heretics, and inclined to believe idle and fanatical people, as will afterwards appear when the impostures of the Maid of Kent shall be related. The King The King saw well of how great importance it was promote l to the designs he was then forming to fill that see with cranmer. a \ e3Lrne ^ prudent, and resolute man ; but finding none in the episcopal order that was qualified to his mind, and having observed a native simplicity, joined with much courage, and tempered with a great deal of wisdom, in Dr. Cranmer, who was then negotiating his business among the learned men of Germany ; he, of his own accord, without any addresses from Cranmer, designed to raise him to that dignity, and gave him notice of it, that he might make haste and come home to enjoy that reward which the King had appointed FOX. for him. But Cranmer, having received this, did all he could to excuse himself from the burden which was coming upon him; and therefore he returned very slowly to England, hoping that the King's thoughts cooling, some other person might step in between him and a dignity, of which having a just and primitive sense, he did look on it with fear and apprehension, rather than joy and desire. This was so far from setting him back, that the King (who had known well what it was to be importuned by ambitious and as- piring churchmen, but had not found it usual that they should decline and fly from preferment) was thereby confirmed in his high opinion of him ; and neither the delays of his journey, nor his entreaties to be deli- vered from a burden, which his humility made him imagine himself unable to bear, could divert the King. So that though six months elapsed before the thing was settled, yet the King persisted in his opinion, and the other was forced to yield. cranmer's J n the end of January the Kin^ sent to the Pope balls from _ ^ *, Jii Rome, tor the bulls lor L-ranmer s promotion ; and though the statutes were passed against procuring more bulls from Rome, yet the King resolved not to begin the breach till he was forced to it by the Pope. It may PART I. BOOK II. 209 be easily imagined, that the Pope was not hearty in this promotion, and that he apprehended ill conse- quences from the advancement of a man, who had gone over many courts of Christendom, disputing against his power of dispensing, and had lived in much familiarity with Osiander and the Lutherans in Ger- many : yet, on the other hand, he had no mind to precipitate a rupture with England ; therefore he con- sented to it, and the bulls were expedited, though in- stead of annates there was only nine hundred ducats paid for them. They were the last bulls that were received in Eng- land in this King's reign; and therefore I shall give an account of them, as they are set down in the begin- ning of Cranmer's Register.. By one bull he is, upon the King's nomination, promoted to be archbishop of Canterbury, which is directed to the King. By a second, directed to himself, he is made archbishop. By a third, he is absolved from all censures. A fourth is to the suffragans. A fifth to the dean and chapter. A sixth to the clergy of Canterbury. A seventh to all the laity in his see. An eighth to all that held lands of it, requiring them to receive and ac- knowledge him as archbishop. All these bear date the 21st of February, 1533. By a ninth bull, dated the 22d of February, he was ordained to be consecrated, taking the oath that was in the pontifical. By a tenth bull, dated the 2d of March, the pall was sent him. And by an eleventh of the same date the Archbishop of York and the Bishop of London were required to put it on him. These were the several artifices to make compositions high, and to enrich the apostolic chamber ; for now that, about which St. Peter gloried that he had none of it (" neither silver nor gold"), was the thing in the world for which his successors were most careful. When these bulls were brought into England, Tho- mas Cranmer was on the 30th of March consecrated by the Bishops of Lincoln, Exeter, and St. Asaph. But here a great scruple was moved by him concern- ing the oath that he was to swear to the Pope, which he VOL. i. p 210 BURNET'S REFORMATION. had no mind to take ; and writers near that time say, the dislike of that oath was one of the motives that ins pro- made him so unwillingly accept of that dignity. He rbom'ws declared, that he thought there were many things rteVope. settled by the laws of the popes, which ought to be reformed ; and that the obligation which that oath brought upon him, would bind him up from doing his duty both to God, the King, and the church. But this being communicated to some of the canonists and casuists, they found a temper that agreed better with their maxims than Cranmer's sincerity ; which was that before he should take the oath, he should make a good and formal protestation, that he did not intend thereby to restrain himself from any thing that he was bound to, either by his duty to God, or the King, or the country ; and that he renounced every thing in it that was contrary to any of these. This protesta- tion he made in St. Stephen's chapel at Westminster, in the hands of some doctors of the canon law, before he was consecrated, and he afterwards repeated it when he took the oath to the Pope ; by which, if he did not wholly save his integrity, yet it was plain he intended no cheat, but to act fairly and above-board. Antiq. As soon as he was consecrated, and had performed in Tit* every thing that was necessary for his investiture, he cranmer. came an ^ sate m j ne Upper House of Convocation. There were there at that time hot and earnest debates upon these two questions : Whether it was against the law of God, and indispensable by the Pope, for a man to marry his brother's wife, he being dead with- out issue, but having consummated the marriage? And whether Prince Arthur had consummated his marriage with the Queen? As for the first, it was brought first into the Lower House of Convocation, and when it was put to the vote, fourteen were for the affirmative, seven for the negative ; one was not clear, and another voted the prohibition to be moral, but yet dispensable by the Pope. In the Upper House it was long debated ; Stokesly, bishop of London, arguing for the affirmative, and Fisher, bishop of /Rochester, for the negative. The opinions of nineteen univer- PART I. BOOK II. 211 sities* were read for it, and the one house being as full as the other was empty, two hundred and sixteen being present, either in person or by proxy, it was carried in the affirmative, nemine contradicente ; those few of the Queen's party that were there it seems going out. For the other question, about the matter of fact, it was remitted to the faculty of the canon law (it being a matter that lay within their studies), whe- ther the presumptions were violent, and such as in the course of law must be looked on as good evidences of a thing that was secret, and was not capable of formal proof? They all, except five or six, were for the af- firmative, and all the Upper House confirmed this, the Bishop of Bath and Wells only excepted. In this account it may seem strange that there were but twenty-three personsf in the Lower House of Con- vocation, and two hundred and sixteen in the Upper House. It is taken from an unquestioned authority, so the matter of fact is not to be doubted. The most learned Sir Henry Spelman has in no place of his Col- lection of our Councils, considered the constitution of the two houses of convocation ; and in none of our records have I been able to discover of what persons they were made up in the times of popery : and there- fore, since we are left to conjecture, I shall offer mine to the learned reader. It is, that none sate in the Lower House but those who were deputed by the infe- rior clergy ; and that bishops, abbots, mitred and not mitred, and priors, deans, and archdeacons, sate then in the Upper House of Convocation.^; To which I am induced by these two reasons : it is probable that all who were declared prelates by the Pope, and had their writ to sit in a general council, had likewise a * The opinions of some foreign Universities were certainly laid before the Upper House of Convocation, but so far from being as many as nineteen, they were only six ; and in fact the former number applies to the minority, who, out of two hundred and sixteen members, opposed the decrees or decisions of the Universities, and so far took the part of the Queen. See Collier, ii. 74. and Burnet's own correction, vol. iii. book ii. anno 1551. See also the Preface to the present edition of this work. N. t The number of those who voted being only twenty-three, must be under- stood only of the divines ; for the second question was put only to the jurists, who, in those times, exceeded the divines in number, and they did all vote in the affirmative : so that the numbers did far exceed twenty-three. J See this corrected by the author himself, , vol. iii. book ii. anno 1531. N. p'2 212 BURNET'S REFORMATION. right to come to the Upper House of Convocation, and sit with the other prelates. And we find in the tomes of the councils, that not only abbots and priors, but deans and archdeacons were summoned to the fourth council in the Lateran, and to that at Vienna. Another reason is, that their sitting in two houses (for in all other nations they sit together) looks as if it had been taken from the constitution of our parlia- ment, in which all that have writs personally sit in the Lord's House ; and those who come upon an elec- tion sit in the Lower House. So it is not improbable, that all who were summoned personally sate in the Upper House, and those who were returned with an election sate in the Lower House of Convocation. New en- This account of that convocation I take from that to mak? collection of the British antiquities, which is believed the Queen t o have been made by Matthew Parker, who lived at that time, and was afterwards archbishop of Canter- bury. But the convocation books being burnt, there are no records to be appealed to ; yet it is not to be supposed, that in a matter of fact that was so public and well known, any man (especially one of that high rank) would have delivered falsehoods, while the books were yet extant that would have disproved them. The church of England having in her representa- tive made such a full decision, nothing remained but to give judgment and to declare the marriage null. The thing was already determined, only the formality of a sentence declarative was wanting. But before they proceeded to that, a new message was sent to the Queen, to lay all that had passed before her, and to desire her to acquiesce in the opinions of so many universities and learned men. But she still persisted in her resolution to own her marriage and to adhere to her appeal, till the Pope should judge in it. And when it was told her, that the King would settle the jointure that she was to have by his brother, and that the honour of Princess of Wales should still be paid BUI in her, she rejected it. But the new Queen was now with child, and brought forth Queen Elizabeth the 7th of September this year; from which, looking PART I. BOOK II. 213 backwards nine months, to the beginning of Decem- ber,* it shews that she must have been married at or before that time : for all the writers of both sides agree that she was married before she conceived with child. The King therefore thought not fit to conceal it much longer ; so on Easter-eve she was declared Queen of England. It seems it was not thought needful at that time to proceed to any further sen- tence about the former marriage ; otherwise I cannot see what made it be so long delayed, since the thing was in their power now, as well as after. And it was certainly a preposterous method to judge the first marriage null after the second was published. So that it seems more probable, they did not intend any sentence at all, till afterwards, perhaps upon advertisements from beyond sea, they went on to a formal process. Nor is it unlikely that the King, remembering the old advice that the Pope sent him, once to marry a second wife, and then to send for a commission to try the matter, which the Pope was willing to confirm, though he would not seem to allow it originally, resolved to follow this me- thod ; for the Pope was now closing with Francis, from which union the King had reason to expect great advantages. Whatsoever were the reasons of the delay, the pro- cess was framed in this method. First, Cranmerf * See before, p. 205. The marriage seems undoubtedly to have taken place on, or " much about St. Paul's day," viz. Jan. 25. Cranmer's letter, referred to, p. 205, bears date June 17, 1533. In this letter, it should be observed, he declares, he knew not of it, for a fortnight after it was done ; yet he is gene- rally said to have been present at the ceremony. N. t Cranmer, in a letter to Hawkins, gives the following account of the final sentence of divorce : " As touching the final determination and concluding of the matter of divorce, between my Lady Katherine and the King's grace ; and after the convocation in that behalf had determined and agreed, according to the former sentence of the universities, it was thought convenient, by the King and his learned council, that I should repair to Dunstable, and there to call her before me, to hear final sentence in this said matter. Notwithstanding, she would not at all obey thereunto. On the 8th of May, according to the said appointment, I came to Dunstable, my Lord of Lincoln being assistant to me ; and my Lord of Winchester, Dr. Bell, Dr Claybroke, Dr. Tregonnel, Dr. Sterkey, Dr. Olyver, Dr. Britton, Mr. Bedel, with divers others learned in the law, being counsellors to the King. , And so there, at our coming, kept a court, for the appearance of the said Katherine ; where we examined certain witnesses, who testified that she was lawfully cited, and called to appear, as tne process of the law thereunto belongeth ; which continued fifteen davs 214 BURNET'S REFORMATION. wrote to the King, that the world had been long scan- dalized with his marriage, and that it lay on him as his duty to see it tried and determined ; therefore corner craved his royal leave to proceed in it. Which being tTa^n- obtained, both the King and Queen were cited to ap- d!vorce f P ear before the Archbishop, at Dunstable, the 10th taken ' o f May, and the Archbishop went thither with the origllis. Bishops of London, Winchester (Gardiner), Bath Xo'aio. and Wells, and Lincoln, and many divines and cano- nists. That place was chosen because the Queen lay then very near it at Ampthill, and so she could not pretend ignorance of what was done; and they needed not put many days in the citation, but might end the process so much the sooner. On the 10th of May the Archbishop sate in court, and the King appeared by proxy, but the Queen appeared not. Upon which she was declared contumajc, and a second citation was issued out, and after that a third : but she intended not to appear, and so she was finally declared contumax. Then the evidences that had been brought before the Legates, of the consumma- tion of the marriage with Prince Arthur, were read. After that the determinations of the universities, and divines, and canonists, were also produced and read. Then the judgments of the convocations of both pro- vinces were also read, with many other instruments, collect, and the whole merits of the cause were opened. Upon 7 ' which, after many sessions, on the 23d of May sen- tence was given, with the advice of all that were there present, declaring it only to have been a marriage de facto, but not de jure, pronouncing it null from the beginning. One thing is to be observed, that the Archbishop is in the sentence called the Legate of the apostolic see. Whether this went of course as one of his titles, or was put in to make the sentence firmer, the reader may judge. Sentence being given, the Archbishop, with all the rest, returned to London ; and five days after, on the 28th of May, at Lambeth, * after our first coming thither. The morrow after Ascension day, I gave sen- tence therein, how that it was indispensable for the Pope to license any such marriage." PART I. BOOK II. 215 by another judgment, he, in general words (no reasons being given in the sentence), confirmed the King's marriage with the new Queen Anne ; and the 1st of June she was crowned Queen. When this great business, which had been so long The cen- m agitation, was thus concluded, it was variously S ^ A at censured as men stood affected. Some approved the thattime - King's proceedings as canonical and just, since so many authorities, which in the interval of a general council were all that could be had (except the Pope be believed infallible), had concurred to strengthen the cause ; and his own clergy had, upon a full and long examination, judged it on his side. Others, who in the main agreed to the divorce, did very much dislike the King's second marriage before the first was dissolved ; for they thought it against the common course of law, to break a marriage without any public sentence ; and since one of the chief politic reasons that was made use of in this suit, was to settle the suc- cession of the crown, this did embroil it more, since there was a fair colour given to except to the validity of the second marriage, because it was contracted before the first was annulled. But to this others an- swered, that the first marriage being judged by the interpreters of the doctrine of the church, to have been null from the beginning, there was no need of any sentence, but only for form. And all concluded, it had been better there had been no sentence at all, than one so late. Some excepted to the Archbishop of Canterbury's being judge, who by his former writings and disputes had declared himself partial. But to this it was answered, that when a man changes his character, all that he did in another figure is no just exception ; so judges decide causes in which they formerly gave counsel ; and popes are not bound to the opinions they held when they were divines or canonists. It was also said, that the Archbishop did only declare in legal form, that which was already judged by the whole convocation of both provinces. Some wondered at the Pope's stiffness, that would put so much to hazard, when there wanted not as 216 BURNET'S REFORMATION. good colours to justify a bull, as they had made use of to excuse many other things. But the Emperor's greatness, and the fear of giving the Lutherans ad- vantages in disputing the Pope's authority, were on the other hand so prevalent considerations, that no wonder they wrought much on a Pope, who pretended to no other knowledge but that of policy ; for he had often said, he understood not the matter, and there- fore left it in other men's hands. All persons ex- cused Queen Katherine for standing so stiffly to her ground ; only her denying so confidently that Prince Arthur consummated the marriage, seems not capable of an excuse. Every body admired Queen Anne's conduct, who had managed such a King's spirit so long, and had neither surfeited him with great free- dom, nor provoked him by the other extreme ; for the King, who was extremely nice in these matters, conceived still a higher opinion of her; and her being so soon with child after the marriage, as it made people conclude she had been chaste till then, so they hoped for a blessing upon it, since there were such early appearances of issue. Those that favoured the Reformation expected better days under her protec- tion, for they knew she favoured them : but those who were in their hearts for the established religion, did much dislike it ; and many of the clergy, espe- cially the orders of monks and friars, condemned it both in their sermons and discourses. But the King, little regarding the censures of the vulgar, sent ambassadors to all the courts of Europe, to give notice of his new marriage, and to justify it by some of those reasons which have been opened in the former parts of this History. He also sent the Lord Mountjoy to the divorced Queen, to let her know what was done, and that she was no more to be treated as Queen, but as Princess Dowager. He was to mix promises with threatenings, particularly con- cerning her daughter's being put next the Queen's issue in the succession. But the afflicted Queen would not yield, and said, she would not damn her soul, nor submit to such an infamy : that she was his PART I. BOOK II. 217 wife, and would never call herself by any other name, whatever might follow on it, since the process still depended at Rome. That Lord having written a relation of what had passed between him and her, shewed it to her ; but she dashed with a pen all those places in which she was called Princess Dowager; and would receive no service at any one's hands, but of those who called her Queen : and she continued to be still served as Queen by all about her. Against which, though the King used all the endeavours he could, not without both threatening and violence to some of the servants, yet he could never drive her from it ; and what he did in that, was thought far below that height of mind which appeared in his other actings ; for, since he had stripped her of the real greatness of a Queen, it seemed too much, to vex her for keeping up the pageantry of it. But the news of this made great impressions else- where. The Emperor received the King's justifi- cation very coolly, and said he would consider what he was to do upon it, which was looked on as a decla- ration of war. The French King, though he ex-ThePo pe pressed still great friendship to the King, yet was ^"ifto now resolved to link himself to the Pope ; for the e n French crafty Pope, apprehending that nothing made the King of England so confident, as that he knew his friend- ship was necessary to the French King, and fearing they had resolved to proceed at once to the putting down the papal authority in their kingdoms (which it appears they had once agreed to do,) resolved by all means to make sure of the French King, which, as it would preserve that kingdom in his obedience, so would perhaps frighten the King of England from proceeding to such extremities ; since that Prince, in whose conjunction he trusted so much, had forsaken him : therefore the Pope did so vigorously pursue the treaty with Francis, that it was as good as ended at this time, and an interview was projected between them at Marseilles. The Pope did also grant him so great power over his own clergy, that he could scarce have expected more, if he had set up a patri- 218 BURNET'S REFORMATION. arch in France ; so that Francis did resolve to go on in the designs, which had been concerted between him and the King of England, no further ; but still he considered his alliance so much that he promised to use his most effectual intercession with the Pope to prevent all censures and bulls against the King ; and if it were possible to bring the matter to an ami- cable conclusion. And the Emperor was not ill- pleased to see France and England divided. There- fore, though he had at first opposed the treaty between the Pope and Francis, yet afterwards he was not troubled that it took effect, hoping that it would dis- unite those two kings, whose conjunction had been so troublesome to him. And con- But when the news was brought to Rome of what ting's was done in England, with which it was also related f n fo d " that books were coming out against the Pope's supre- Eugiand. macy, all the cardinals of the imperial faction pressed the Pope to give a definitive sentence, and to pro- ceed to censures against the King. But the more moderate cardinals thought, England was not to be thrown away with such precipitation : and therefore a temper was found, that a sentence should be given upon what had been attempted in England, by the Archbishop of Canterbury (which in the style of the canon law were called the attentates?) for it was pretended that the matter depending in the court of Rome, by the Queen's appeal, and the other steps that had been made, it was not in the Archbishop's power to proceed to any sentence. Therefore in general it was declared, that all that had been at- tempted or done in England about the King's suit of divorce was null, and that the King by such attempts was liable to excommunication, unless he put things again in the state they were in, and that before September next, and that then they would proceed further ; and this sentence was affixed in Dunkirk soon after. The King resolving to follow the thing as far as it was possible, sent a great embassy to Francis, who was then on his journey to Marseilles, to dissuade PART I. BOOK II. 219 the interview and marriage, till the Pope gave the King satisfaction. But the French King was engaged in honour to go forward ; yet he protested he would do all that lay in his power to compose the matter, and that he would take any injury that were done to the King as highly as if it were done to himself; and he desired the King would send some to Marseilles, O ' who thereupon sent Gardiner and Sir Francis Brian. But at this time (viz. September 7th, 1533,) the Queen brought forth a daughter, who was christened &? Elizabeth,* (the renowned Queen of England,) the Archbishop of Canterbury being her godfather. She was soon after declared Princess of Wales, though lawyers thought that against law ; for she was only heir presumptive, but not apparent, to the crown, since a son coming after, he must be preferred. Yet the King would justify what he had done in his mar- riage with all possible respect, and having before declared the Lady Mary Princess of Wales, he did now the same in favour of the Lady Elizabeth. The interview between the Pope and the French f w in r ~ King was at Marseilles in October, where the mar- tween the riage was made up between the Duke of Orleans and F^T Catherine de Medici ; to whom, besides one hun- M^Juu*. dred thousand crowns portion, the principality of many towns in Italy, as Milan, Reggio, Pisa, Leg- horn, Parma, and Piacenza, and the duchy of Urbio, were given. To the former the Pope pretended in the right of the popedom, and to the last in the right of the house of Medici. But the French The pop* King was to clear all those titles by his sword. As lo^T for the King's business, the Pope referred it to the * consistory. But it seems there was a secret trans- King of action between him and Francis, that if the King divore. * would in all other things return to his wonted obe- dience to the apostolic see, and submit the matter to * Queen Elizabeth was born the 13th and 14th day of September, for so Cranmer wrote to Hawkins, and says, that he himself was godfather at the christening, and the Duchess of Norfolk, and the Marchioness of Dorset, were godmothers. [N. B. Queen Elizabeth was undoubtedly born on the 7th of September. See Hallam's Constitutional History of England, vol.i. p. 66. Mr. Soames, in his History of the Reformation, had fallen into the mistake from this very note. See vol. i. 39 ( A N.J s $ ubdit lnfid ' 220 BURNET'S REFORMATION. the judgment of the consistory (excepting only to the cardinals of the imperial faction as partial and in- competent judges), the decision should be made to his heart's content. This I collect from what will afterwards appear. The King, upon the sentence that was passed against him, sent Bonner to Mar- seilles, who, procuring an audience of the Pope, de- sio. li vere d to him the authentic instrument of the King's appeal from him to the next general council lawfully called. At this the Pope was much incensed, but said he would consider of it in consistory ; and, having consulted about it there, he answered, that the appeal was unlawful, and therefore he rejected it ; and for a general council, the calling of it be- longed to him and not to the King. About the same time the Archbishop of Canterbury being threatened with a process from Rome, put in also his appeal to the next general council. Upon which Bonner de- livered the threatenings that he was ordered to make, with so much vehemency and fury, that the Pope talked of throwing him in a cauldron of melted lead, or of burning him alive ; and he apprehending some danger made his escape. About the middle of No- vember the interview ended, the Pope returning to Rome, and the French King to Paris, a firm alliance being established between them. But upon the Duke of Orleans his marrying the Pope's niece, I shall add one observation, that will neither be un- Bamus. pleasant nor impertinent. The Duke of Orleans was then but fourteen years and nine months old, being bom on the last of March, 1518, and yet was be- lieved to have consummated his marriage, the very first night after : so the Pope's historians tell us with much triumph ; though they represented that im- probable, if not impossible in Prince Arthur, who The was nine months older when he died. French Upon the French King's return from Marseilles, Trih with the Bishop of Paris was sent over to the King ; which rfE^giLd ( as ma y De reasonably collected) followed upon some to submit agreement made at Marseilles, and he prevailed with pope. the King to submit the whole matter to the Pope and PART I. BOOK II. 221 the consistory, on such terms that the Imperialists should not be allowed a voice, because they were parties, being in the Emperor's power. None that have observed the genius of this King, can think that, after he had proceeded so far, he would have made this submission without very good assurances ; and if there had not been great grounds to expect good effects from it, the Bishop of Paris would not in the middle of winter have undertaken a journey from England to Rome. But the King, it seems, would not abase himself so far as to send any submission in writing, till he had fuller assurances. The Lord Herbert has published a letter (which he transcribed from the original, written by the Archbishop of York and the Bishop of Duresme, to the King, the 1 1th of May, 1534,) giving an account of a conference they had with Queen Katherine ; in which, among other motives they used, this was one, to persuade her to comply with what the King had done : that the Pope had said at Marseilles, That if the King would send a proxy to Rome, he would give the cause for him against the Queen, because he knew his cause was good and just. Which is a great presumption, that the Pope did really give some engagements to the French King about the King's business. When the Bishop of Paris came to Rome, the which motion was liked ; and it was promised, that if the '"iv'd King sent a promise of that under his hand, with an atRom - order to his proxies to appear in court, there should be judges sent to Cambray to form the process, and then the matter should be determined for him at Rome. This was sent to the King, with the notice of the day Hist. that was prefixed for the return of his answer, and with ofTrem. other motives which must have been very great, since ^ adr i -11 i -n i Paul - they prevailed so much, ror m answer there was a courier dispatched from the King, with a formal pro- mise under his hand. And now the matter seemed at a point, the French interest was great in the court of Rome ; four new cardinals had been made at Mar- seilles, and there were six of that faction before, which with the Pope's creatures, an^l the indifferent or venal 222 BURNET'S REFORMATION. voices, balanced the imperial faction ; so that a wound that was looked on as fatal, was now almost healed. But God in his wise and unsearchable providence had designed to draw other great ends out of this rupture, and therefore suffered them that were the most con- cerned to hinder it. to be the chief instruments of But the driving it on. For the cardinals of the imperial faction a i7s P tTop. were very active, they liked not the precedent of ex- pos ed it. c l u( j m g t ne cardinals of the nations concerned out of any business. But above all things they were to hinder a conjunction between the, Pope and the King of England ; for the Pope being then allied to France, there was nothing the Emperor feared more than the closing the breach with England, which would make the union against him so much stronger. Therefore, when the day that had been prefixed for the return of the courier from England, was elapsed, they all pressed the Pope to proceed to a sentence definitive, and to censures. Bellay, the bishop of Paris, repre- sented the injustice of proceeding with so much pre- cipitation, since where there were seas to cross, in such a season, many accidents might occasion the delay of the express. The King of England had fol- lowed this suit six years, and had patience so long ; therefore he desired the delay of six days, and if in that time no return came, they might proceed. But the Imperialists represented, that those were only delays to gain time ; and that the King of England was still proceeding in his contempt of the apostolic see, and of the cardinals, and publishing books and And with libels against them. This so wrought on the angry great pre- -p. . , i l 1 i cipitation rope, that, without consulting his ordinary prudence, sen t c e u n r c e e a he brought the business into the consistory, where the against plurality of voices carried it to proceed to a sentence. the King. . . i *^ , , 111 i 111 And though the process had been earned on all that winter in their usual forms, yet it was not so ripe, but by the rules of the consistory, there ought to have been three sessions before sentence was given. But they concluded all in one day; and so, on the 23d of March, the marriage between the King and Queen Katherine was declared good, and the King required to take her PART I. BOOK II. 223 as his wife; otherwise censures were to be denounced against him. Two days after that, the courier arrived from Eng- The King land, with the King's submission under his hand in^S stc due form, and earnest letters from the French King ** Po ? e ' s o power in to have it accepted, and so the business might be com- England. posed. When this was known at Rome, all the in- different and wise cardinals (among whom was Far- nese, that was afterwards Pope Paul the Third,) came to the Pope, and desired that it might be again con- sidered before it went further. So it was brought again into the consistory. But the secret reason of the Imperialists opposing it, was now more pressing, since there was such an appearance of a settlement, if the former sentence were once recalled. Therefore they so managed the matter, that it was confirmed anew by the Pope and the consistory, and they or- dered the Emperor to execute the sentence. The King was now in so good hope of his busi- ness, that he sent Sir Edward Karne to Rome to pro- secute his suit; who, on his way thither, met the Bishop of Paris, coming back with this melancholy account of his unprosperous negotiation. When the King heard it, and understood that he was used with so much scorn and contempt at Rome, being also the more vexed, because he had come to such a submis- sion, he resolved then to break totally from Rome. And in this he was beforehand with that court: for, judging it the best way to procure a peace, to manage the war vigorously, he had held a session of parlia- ment from the 15th of January till the 30th of March, in which he had procured a great change of the whole constitution of the government of the church. But before I give an account of that, I shall first open all the arguments and reasons, upon which I find they proceeded in this matter. The Pope's power had been then for four years to- which had gether much examined and disputed in England ; in St^i* which they went by these steps, one leading to an- there - other. They first controverted his power of dispens- ing with the law of God. From that they went to 224 BURNET'S REFORMATION. examine what jurisdiction he had in England; upon which followed the convicting the clergy of a prce- munire, with their submission to the King. And that led them to controvert the Pope's right to annates, and other exactions, which they also condemned. The condemning all appeals to Rome followed that naturally. And now so many branches of that power were cut off, the root was next struck at, and the foun- dations of the papal authority were examined. For near a year together there had been many public de- bates about it ; and both in the parliament and con- vocation the thing was long disputed, and all that Pelerine cou i(j b e alleged on both sides was considered. The Jnglese. reader will be best able to judge of their reasons (and thereby of the ripeness of their judgments, when they Haii. enacted the laws that passed in this parliament), when he sees a full account of them ; which I shall next set down, not drawn from the writings and apologies that have been published since, but from these that came out about that time. For then were written The In- stitution for the necessary Erudition of a Christian Man, concluded in the convocation, and published by authority ; and another book, De Differentia Regies et Ecclesiastics Potestatis. The former of these was called the Bishops', and the latter the King's book. Gardiner also wrote a book, De vera Obedientia, to which Bonner prefixed a preface upon the same sub- ject. Stokesly, bishop of London, and Tonstal, bishop of Duresme, wrote a long letter in defence of the King's proceedings in this matter to Cardinal Pole : from these writings, and the sermons preached by some bishops at this time, with other authentic pieces, I have extracted the substance of the arguments upon which they grounded their laws, which I shall divide in two heads. The one, of the reasons for rejecting the Pope's pretended power : the other, for setting up the King's supremacy with the explanations and The ar limitations of it. gumen Fi rs t, of the Pope's power, they declared that wai C re U l h ev found no ground for it in the Scripture. All jecwd. the apostles were made equal by Christ, when he com- PART I. BOOK II. 225 mitted the church to their care in common. And he did often declare, there was no superiority of one above another. St. Paul claimed an equality with the chief apostles, both Peter, James, and John ; and when he thought St. Peter blameworthy, he with- stood him to his face. But whatsoever pre-eminence St. Peter might have, that was only personal, and there was no reason to affix it to his chair at Rome, more than at Antioch. But if any see be to be pre- ferred before another, it should be Jerusalem, where Christ died, and out of which the faith was propa- gated over all nations, Christ commanding his disci- ples to begin their preaching in it ; so that it was truly the mother church, and is so called by St. Paul ; whereas in the Scripture, Rome is called Babylon, according to Tertullian and St. Jerome. " For the places brought from Scripture in favour of the papacy, they judged that they did not prove any thing for it. That ' thou art Peter,' and ' upon this rock I will build my church,' if it prove any thing in this matter, would prove too much ; even that the church was founded on St. Peter, as he was a private person, and so on the popes in their personal capacity. But both St. Ambrose, St. Jerome, and St. Austin think, that by the rock, the confession he had made was only to be meant. Others of the fathers thought, by the rock, Christ himself was meant, who is the only true foundation of the church ; though in another sense all the apostles are also called foundations by St. Paul. That, ' tell the church,' is thought by Ger- son and .(Eneas Silvius, (afterwards Pope Pius the Second) rather to make against the Pope and for a general council. And the fathers have generally followed St. Chrysostom and St. Austin, who thought that the giving of the keys of the kingdom of heaven, and the charge, * Feed my sheep,' were addressed to St. Peter, in behalf of all the rest of the apostles. And that, ' I have prayed for thee, that thy faith fail not,' was only personal, and related to his fall, which was then imminent. It is also clear by St. Paul, that every apostle had his peculiar province, beyond which VOL. i. a 226 BURNET'S REFORMATION. he was not to stretch himself; and St. Peter's province was the circumcision, and his the uncircumcision, in which he plainly declares his equality with him. " This was also clear from the constant tradition of the church. St. Cyprian was against appeals to Rome, and would not submit to Pope Stephen's de- finition in the point of rebaptizing of heretics ; and expressly says, * That all the apostles were equal in power, and that all the bishops were also equal, since the whole office and episcopate was one entire thing, of which every bishop had a complete and equal share.' And though some places are brought out of him concerning the unity of the Roman church, and of other churches with it ; yet those places have no re- lation to any authority that the Roman church had over other churches, but were occasioned by a schism that Novatian had made there at Rome, being elected in opposition to the bishop that was rightly chosen : and of that unity only St. Cyprian writes in those places. But from all his epistles to the bishops of Rome, it is visible he looked on himself as their equal, since he calls them brother, colleague, and fellow- bishop. And whatsoever is said by any ancient writer of St. Peter's chair, is to be understood of the pure gospel, which he delivered, as St. Austin observes, that by ' Moses' chair' is to be understood, ' the de- livering of Moses' law.' But though St. Peter sat there, the succeeding popes have no more right to pretend to such authority, than the kings of Spain to claim the Roman empire, because he that is now their King, is Emperor. When Constantine turned Christian, the dignity of the chief city of the empire made Rome to be accounted the first see ; but by the general council of Nice, it was declared, that the patriarchs of Alexandria and Antioch had the same authority over the countries round about them, that he of Rome had over those that lay about that city. It is true, at that time the Arian heresy, having spread generally over the eastern churches, from which the western were free, the oppressed catholic bishops of the east made appeals to Rome, and extolled that see PART I. BOOK II. 227 by a natural maxim in all men, who magnify that from which they have protection. But the second general council took care, that that should not grow a prece- dent, for they decreed that every province should be governed by its own synod, and that bishops, when they were accused, must first be judged by the bishops of their own province, and from them they might appeal to the bishops of the diocese, but no higher appeal was allowed ; and by that council it appears, what was the foundation of the greatness of the Bishop of Rome ; for when Constantinople was made the seat of the empire and new Rome, it had the same privileges that old Rome had, and was set next to it in order and dignity. In a council at Milevi, in which St. Austin sat, they appointed that every clerk, that should appeal to any bishop beyond the sea, should be excommunicated. And when Faustianus was sent by the Pope to the African churches to claim the right of receiving appeals, and pretended a canon of the council of Nice for it, the pretension was rejected by the African fathers, who acknowledged no such right, and had never heard of that canon. Upon which they sent to the eastern churches, and search was every where made for the copies of the canons of that council ; but it was found that it was a forgery. From whence two things were observable : the one, that the church in that age had no tradition of any Divine institution for the authority of that see, since as the popes, who claimed it, never pretended to any such thing ; so the African bishops, by their reject- ing that power, shew that they knew nothing of any Divine warrant, all the contest being only about a canon of the church. It also appeared how early the church of Rome aspired to power, and did not stick at making use of forged writings to support it. But Pope Agatho, more modestly writing to the Emperor in his own name, and in the name of all the synods that were subject to his see, calls them ' a few bishops in the northern and western parts.' When afterwards the patriarch of Constantinople was declared by the Emperor Mauritius, ' the universal bishop,' Gregory Q2 228 BURNET'S REFORMATION. the Great did exclaim against the ambition of that title, as being equal to the pride of Lucifer ; and declared, that he who assumed it was the forerunner of Antichrist ; saying, that none of his predecessors had ever claimed such a power. And this was the more observable, since the English were converted by those whom he sent over ; so that this was the doctrine of that see, when this church received the faith from it. " But it did not continue.long within those limits; for Boniface the Third assumed that title, upon the grant of Phocas. And as that Boniface got the spi- ritual sword put in his hand, so the eighth of that name pretended also to the temporal sword ; but they owe these powers to the industry of those popes, and not to any donation of Christ's. The popes, when they are consecrated, promise, to obey the canons of the eight first general councils; which, if they observe, they will receive no appeals, nor pretend to any higher jurisdiction than these give to them, and the other patriarchs equally. " As for the decrees of later councils, they are of less authority. For those councils consisted of monks and friars in great part, whose exemptions obtained from Rome, obliged them to support the authority of that court; and those who sat in them knew little of the Scriptures, fathers, or the tradition of the church, being only conversant in the disputes and learning of the schools. And for the Florentine council, the eastern churches, who sent the Greek bishops that sat there, never received their determi- nation, neither then, nor at any time since. " Many places were also brought out of the fathers to shew, that they did not look on the bishops of Rome as superior to other bishops : and that they understood not those places of Scripture, which were afterwards brought for the Pope's supremacy in that sense ; so that if tradition be the best expounder of Scripture, those latter glosses must give place to the more ancient. But that passage of St. Jerome, in which he equals the bishops of Eugubium and Con- PART I. BOOK II. 229 stantinople to the Bishop of Rome, was much made use of, since he was a presbyter of Rome, and so likely to understand the dignity of his own church best. There were many things brought from the con- tests that other sees had with Rome, to shew, that all the privileges of that and other sees, were only founded on the practice and canons of the church, but not upon any Divine warrant. Constantinople pretended to equal privileges. Ravenna, Milan, and Aquileia, pretended to a patriarchal dignity aud exemption. Some archbishops of Canterbury contended, that popes could do nothing against the laws of the church ; so Laurence and Dunstan, Robert Grostest, bishop of Lincoln, asserted the same, and many popes confessed it. And to this day no constitution of the popes is binding in any church, except it be received by it ; and in the daily practice of the canon law, the customs of churches are pleaded against papal con- stitutions ; which shews their authority cannot be from God, otherwise all must submit to their laws. And from the latter contest up and down Europe, about giving investitures, receiving appeals, admit- ting of legates, and papal constitutions, it was appa- rent that the papal authority was a tyranny, which had been managed by cruel and fraudulent arts, but was never otherwise received in the church, than as a conquest to which they were constrained to yield. And this was more fully made out in England, from what passed in William the Conqueror's and Henry the Second's time, and by the statutes of provisors in many kings' reigns, which were still renewed, till within a hundred years of the present time." Upon these grounds they concluded, that the Pope's power in England had no foundation, neither in the law of God, nor in the laws of the church, or of the land. "As for the King's power over spiritual persons, rh.arga and in spiritual causes, they proved it from the Scrip- j^"^* tures, in the Old Testament, they found the kings of supremac >- Israel intermeddled in all matters ecclesiastical. Sa- From the muel, though he had been judge, yet acknowledged umem? 230 BURNET'S REFORMATION. Saul's authority : so also did Abimelech the high priest, and appeared before him when cited to answer upon an accusation. And Samuel (1 Sam. xv. 18.) says, " He was made the head of all the tribes." Aaron in that was an example to all the following high priests who submitted to Moses. David made many laws about sacred things, such as the order of the courses of the priests and their worship ; and when he was dying, he declared to Solomon how far his authority extended. He told him, (i Chron. xxviii. 21.) ' That the courses of the priests, and all the people, were to be wholly at his commandment :' pursuant to which, Solomon, (2 Chron. viii. 14, 15.) did appoint them ' their charges in the service of God, and both the priests and Levites departed not from his commandment in any matter : ' and though he had turned out Abiathar from the high-priesthood, yet they made no opposition. Jehosaphat, Hezekiah, and Jo- sias, made likewise laws about ecclesiastical matters. And the " I n the New Testament Christ himself was obe- dient ; he paid taxes, he declared that he pretended to no earthly kingdom, he. charged the people to ' render to Caesar the things that were Caesar's,' and his disciples not to affect temporal dominion, as the lords of the nations did. And though the magis- trates were then heathens, yet the apostles wrote to the churches to obey magistrates, to submit to them, to pay taxes ; they call the king supreme, and say he is God's minister, to encourage them that do well, and to punish the evil-doers, which is said of all per- sons without exception, and every soul is charged to be subject to the higher power. " Many passages were cited out of the writings of the fathers to shew, that they thought churchmen were included in these places as well as other persons ; so that the tradition of the church was for the king's supremacy : and by one place of Scripture the king is called ' supreme,' by another he is called * head,' and by a third ' every soul must be subject to him ;' which laid together, make up this conclusion that the king is the supreme head over all persons. In primitive church. PART I. BOOK II. 231 the primitive church, the bishops in their councils made rules for ordering their dioceses, which they only called canons or rules, nor had they any com- pulsive authority, but what was derived from the civil sanctions. " After the emperors were Christians they made A * th many laws about sacred things, as may be seen in the of Codes ; and when Justinian digested the Roman law, he added many novel constitutions about ecclesiasti- cal persons and causes. The emperors called general councils, presided in them, and confirmed them. And many letters were cited of popes to emperors to call councils, and of the councils to them to confirm their decrees. The election of the popes themselves was sometimes made by the emperors, and sometimes con- firmed by them. Pope Hadrian in a synod decreed, that the emperor should choose the pope : and it was a late and unheard-of thing, before the days of Gre- gory VII. for popes to pretend to depose princes, and give away their dominions. This they compared to the pride of Antichrist and Lucifer. " They also argued from reason, that there must be but one supreme ; and that the king being supreme over all his subjects, clergymen must be included, for they are still subjects. Nor can their being in orders change that former relation, founded upon the law of nature and nations, no more than wives or servants, by becoming Christians, were not, according to the doctrine of the apostles, discharged from the duties of their former relations. " For the great objection from those offices that are peculiar to their functions it was answered that these notwithstanding the king might well be supreme head ; for in the natural body, there were many vital motions, that proceeded not from the head, but from the heart and the other inward parts and vessels ; and yet the head was still the chief seat and root of life : so though there be peculiar functions appropriated to churchmen, yet the king is still head, having au- thority over them, and a power to direct and coerce them in these. 232 BURNET'S REFORMATION. And from " From that they proceeded to shew, that in Eng- En e ja a a w d. of land the kings have always assumed a supremacy in ecclesiastical matters. They began with the most ancient writing that relates to the Christian religion in England then extant, Pope Eleutherius's letter to King Lucius, in which he is twice called by him ' God's vicar in his kingdom ;' and he writ in it, ' that it belonged to his office, to bring his subjects to the holy church,' and to maintain, protect, and govern them in it. Many laws were cited, which Canutus, Ethelred, Edgar, Edmond, Athelstan, and Ina had enacted concerning churchmen ; many more laws since the Conquest were also made, both against ap- peals to Rome, and bishops going out of the kingdom without the king's leave. " The whole business of the articles of Clarendon, and the contests that followed between King Henry II. and Thomas Becket were also opened. And though a bishop's pastoral care be of Divine institu- tion, yet as the kings of England had divided bishop- ricks as they pleased, so they also converted benefices from the institutions of the founders, and gave them to cloisters and monasteries as King Edgar did : all which was done by the consent of their clergy and nobility, without dependance on Rome; they had also granted these houses exemption from episcopal jurisdiction, so Ina exempted Glastenbury, and Offa St. Albans, from their bishop's visitation : and this continued even till the days of William the Conque- ror ; for he, to perpetuate the memory of the victory he obtained over Harold, and to endear himself to the clergy, founded an abbey in the field where the battle was fought, and called it Battle Abbey ; and in the charter he granted them these words are to be found : ' It shall be also free and quiet for ever from all subjection to bishops, or the dominion of any other persons, as Christ's Church in Canterbury is.' Many other things were brought out of King Alfred's laws ^ and a speech of King Edgar's, with several letters written to the popes from the kings, the parliaments, and the clergy of England, to shew that their kings PART I. BOOK II. 233 did always make laws about sacred matters, and that their power reached to that, and to the persons of churchmen as well as to their other subjects." But at the same time that they pleaded so much The quii- for the king's supremacy and power of making laws th - for restraining and coercing his subjects, it appeared p remac y- that they were far from vesting him with such an ab- solute power as the popes had pretended to ; for they thus defined the extent of the king's power : ' To them specially and principally itpertaineth to defend Necesary the faith of Christ and his religion, to conserve and ^'"he maintain the true doctrine of Christ, and all such as s f ra . meilt ' of orders. be true preachers and setters-forth thereof; and to abolish abuses, heresies, and idolatries, and to punish with corporal pains such as of malice be the occasion of the same. And finally, to oversee and cause that the said bishops and priests do execute their pas- toral office truly and faithfully, and specially in these points, which by Christ and his apostles was given and committed to them ; and in case they shall be negligent in any part thereof, or would not diligently execute the same, to cause them to redouble and supply their lack : and if they obstinately withstand their prince's kind monition, and will not amend their faults, then and in such case to put others in their rooms and places. And God hath also commanded the said bishops and priests to obey with all humble- ness and reverence, both kings, and princes, and go- vernors, and all their laws, not being contrary to the laws of God, whatsoever they be : and that not only propter iram but also propter conscieMiam : that is to say, not only for fear of punishment, but also for discharge of conscience.' Thus it appears, that they both limited obedience to the King's laws, with a due caution of their not being contrary to the law of God, and acknowledged the ec- clesiastical jurisdiction in the discharge of the pastoral office, committed to the pastors of the church by Christ andhis apostles ; and that the supremacy then pretend- ed to was no such extravagant power as some imagine. " Upon the whole matter it was concluded, That 234 BURNET'S REFORMATION. Theneces. the Pope's power in England had no good founda- t'rpating*" ti n > an d na d been managed with as much tyranny ptwr pes as it na d begun with usurpation ; the exactions of their courts were every where heavy, but in no place so intolerable as in England : and though many complaints were made of them in these last three hundred years, yet they got no ease, and all the laws about provisors were still defeated and made in- effectual ; therefore they saw it was impossible to moderate their proceedings ; so that there was no other remedy, but to extirpate their pretended autho- rity, and thenceforth to acknowledge the Pope only bishop of Rome, with the jurisdiction about it defined by the ancient canons : and for the King to re-assume his own authority, and the prerogatives of his crown ; from which the kings of England had never formally departed, though they had for this last hundred years connived at an invasion and usurpation upon them, which was no longer to be endured." 153*. These were the grounds of casting off the Pope's wtTn w power, that had been for two or three years studied satisfy anc [ inquired into by all the learned men in England ; about u. and had been debated both in convocation and par- liament ; and, except Fisher, bishop of Rochester, I do not find that any bishop appeared for the Pope's power : and for the abbots and priors, as they were generally very ignorant, so what the Cardinal had done in suppressing some monasteries, and what they now heard, that the court had an eye on their lands, made them to be as compliant as could be : but Fisher was a man of great reputation, and very ancient, so that much pains was taken to satisfy him. A week before the parliament sat down the Archbishop of Can- terbury proposed to him, that he, and any five doctors, such as he should choose, and the Bishop of London, and five doctors with him, might confer about it, and examine the authorities of both sides; that so there might be an agreement among them by which the scandal might be removed, which otherwise would be taken from their janglings and contests among themselves. Fisher accepted of this, and Stokesley PART I. BOOK II. 235 wrote to him on the 8th of January, that he was The ready, whenever the other pleased, and desired him e to name time and place ; and if they could not agree the matter among themselves, he moved to refer it to two learned men, whom they should choose, in whose determination they would both acquiesce. How far this overture went I cannot discover, and perhaps Fisher's sickness hindered the progress of it. But now on the 15th of January, the parliament sat down ; by the Journals I find no other bishops pre- sent but the Archbishop of Canterbury, the Bishops of London, Winchester, Lincoln, Bath and Wells, Landaff, and Carlisle. There were also twelve ab- bots present, but upon what pretences the rest excused their attendance I do not know ; perhaps some made a difference between submitting to what was done, and being active and concurring to make the change. During the session a bishop preached every Sunday at Paul's cross, and declared to the people, that the Pope had no authority at all in England. In the two former sessions the bishops had preached, that the general council was above the Pope, but now they struck a note higher. This was done to let the people see what justice and reason was in the acts that were then passing, to which I now turn ; and shall next give an account of this great session of parliament, which I shall put rather in the natural method according to the matter of the acts, than in the order of time as they passed. On the 9th of March, a bill came up from the Jonmu Commons for discharging the subjects of all depend- Procer ' ance on the court of Rome ; it was read the first time in the House of Lords the 13th of March, and on the 14th was read the second time and committed. The committee reported it on the 19th, by which it ap- pears there was no stiff nor long opposition ; and he that was likeliest to make it was both obnoxious and absent, as will afterwards appear. On the 19th it was read the third time, and on the 20th the fourth time, and then passed without any protestation. Some provisos were added to it by the Lords, to which the 236 BURNET'S REFORMATION. Commons agreed, and so it was made ready for the royal assent. The a I n the preamble the intolerable exactions for for taking -n ^ .. . Jllir>u away the Peter-pence, provisions, pensions, and bulls ot all wert sorts are complained of; which were contrary to all laws, and grounded only on the Pope's power of dis- pensing, which was usurped. But the King and the Lords and Commons within his own realm had only power to consider how any of the laws were to be dispensed with or abrogated ; and since the King was acknowledged the supreme head of the Church of England, by the prelates and clergy in their con- it is the vocations, therefore it was enacted, that all payments t'he'sta" 1 made to the apostolic chamber, and all provisions, tuteBook, bulls, or dispensations should from thenceforth cease. 27 in the Record, But that all dispensations or licenses for things that thejow- were not contrary to the law of God, but only to the nal - law of the land, should be granted within the kingdom by, and under the seals of, the two Archbishops in their several provinces ; who should not presume to grant any contrary to the laws of Almighty God, and should only grant such licenses as had been for- merly in use to be granted ; but give no license for any new thing till it were first examined by the King and his council whether such things might be dis- pensed with ; and that all dispensations which were formerly taxed at or above 4/. should be also con- firmed under the great seal. Then many clauses follow about the rates of licenses and the ways of procuring them. It was also declared, that they did not hereby intend to vary from Christ's church about the articles of the catholic faith of Christendom, or in any other things declared by the Scriptures, and the word of God, necessary for their salvation ; confirm- ing withal the exemptions of monasteries formerly granted by the Bishop of Rome, exempting them still from the Archbishop's visitations ; declaring that such abbeys, whose elections were formerly con- firmed by the Pope, shall be now confirmed by the King ; who likewise shall give commission under his great seal for visiting them : providing also, that PART I. BOOK II. 237 licenses and other writs obtained from Rome before the 12th of March in that year should be valid and in force, except they were contrary to the laws of the realm ; giving also to the King and his council power to order and reform all indulgences and pri- vileges (or the abuses of them) which had been granted by the see of Rome. The offenders against this act were to be punished according to the statutes of provisors and p?* only to try, whether her revelations were true ? He PART I. BOOK II. 251 confessed, he conceived a great opinion of her holi- ness, both from common fame and her entering into religion ; from the report of her ghostly father, whom he esteemed learned and religious, and of many other learned and virtuous priests ; from the good opinion the late Archbishop of Canterbury had of her, and from what is in the prophet Amos, " That God will do nothing without revealing it to his servants." That, upon these grounds, he was induced to have a good opinion of her ; and that to try the truth about her, he had sometimes spoken with her, and sent his chaplains to her, but never discovered any falsehood in her. And for his concealing what she told him about the King, which was laid to his charge, he thought it needless for him to speak of it to the King, since she had said to him that she had told it to the King herself ; she had named no person who should kill the King, which by being known might have been prevented. And, as in spiritual things every churchman was not bound to denounce judgments against those that could not bear it ; so in temporal things the case might be the same; and the King had on other occasions spoken so sharply to him, that he had reason to think, the King would have been offended with him for speaking of it, and would have suspected that he had a hand in it ; therefore he de- sired for the passion of Christ to be no more troubled about that matter, otherwise he would speak his con- science freely. To all which Cromwell wrote a long letter, which the reader will find in the Collection, collect. copied from the rude draught of it written with his cw^ub own hand : in which he charges the matter upon him ciop. heavily, and shews him, that he had not proceeded as a grave prelate ought to have done ; for he had taken all that he had heard of her upon trust, and had examined nothing ; that if every person that pretends to revelations were believed on their own words, all government would be thereby destroyed. He had no reason to conclude from the prophecy of Amos, that every thing that is to fall out, must be revealed to some prophet, since many notable things had fallen 252 BURNET'S REFORMATION. out, of which there was no revelation made before- hand. But he told him, the true reason that made him give credit to her was, the matter of her pro- phecies ; to which he was so addicted, as he was to every other thing in which he once entered, that no- thing could come amiss that served to that end. And he appealed to his conscience, whether, if she had prophesied for the King he would have given such easy credit to her, and not have examined the matter further. Then he shews how guilty he was in not revealing what concerned the King's life, and how frivolous all his excuses were. And, after all, tells him, that though his excusing the matter had pro- voked the King, and that if it came to a trial he would certainly be found guilty ; yet again he advises him to beg the King's pardon for his negligence and of- fence in that matter ; and undertakes that the King would receive him into his favour, and that all matters of displeasure passed before that time should be for- given and forgotten. This shews, that though Fisher had, in the progress of the King's cause, given him great offence, yet he was ready to pass it all over, and not to take the advantage which he now had against him. But Fisher was still obstinate and made no submission, and so was included within the act for misprision of treason ; and yet I do not find that the King proceeded against him upon this act, till by new provocations he drew a heavier storm of indig- nation upon himself. The oath When the session of parliament was at an end, com- HHMfai missioners were sent every where to offer the oath of fworQ*" 7 succession to the crown to all, according to the act of parliament ; which was universally taken by all sorts orig. cou. of persons. Gardiner wrote from Winchester the 6th c. io. ' of May to Cromwell, that, in the presence of the Lord Chamberlain, the Lord Audley, and many other gentlemen, all abbots, priors, wardens, with the cu- rates of all parishes and chapels within the shire had appeared and taken the oath very obediently ; and had given in a list of all the religious persons in their houses of fourteen years of age and above, for taking PART I. BOOK II. 253 whose oaths some commissioners were appointed. The forms in which they took the oath are not known; and it is no wonder, for though they were enrolled, yet in Queen Mary's time there was a commission given to Bonner and others to examine the records, and raze out of them all things that were done either in contempt of the see of Rome or to the defamation of religious houses ; pursuant to which, there are many things taken out of the Rolls, which I shall sometimes have occasion afterwards to take notice of, yet some writings have escaped their diligence ; so there remains but two of the subscriptions of reli- gious orders, both bearing date the 4th of May, 1534. One is by the Prior and Convent of Langley Regis, that were Dominicans, the Franciscans of Ailesbury, the Dominicans of Dunstable, the Franciscans of Bedford, the Carmelites of Hecking, and the Fran- ciscans de Mare. The other is by the Prioress and Convent of the Dominican nuns at Deptford. " In these, besides the renewing their allegiance to collect, the King, they swear the lawfulness of his marriage ^ t m c'ui with Queen Anne, and that they shall be true to the issue begotten in it ; that they shall always acknow- ledge the King head of the church of England : and that the Bishop of Rome has no more power than any other bishop has in his own diocese, and that they should submit to all the King's laws, notwithstanding the Pope's censures to the contrary. That in their Those last sermons they should not pervert the Scriptures, but noThTthT preach Christ and his gospel sincerely, according to^ herwm the Scriptures, and the tradition of orthodox and ca- tholic doctors ; and in their prayers, that they should pray first for the King, as supreme head of the church of England, then for the Queen and her issue, and then for the Archbishop of Canterbury and the other ranks of the clergy." To this these six priors set their hands with the seals of their convents, and in their subscriptions declared, that they did it freely and uncompelled, and in the name of all the brethren in the convent. But Sir Thomas More and the Bishop of Rochester 254 BURNET'S REFORMATION. More and refused to take the oath as it was conceived : whose fu* the"" fall being so remarkable, I shall shew the steps of it. oau>. There was a meeting of the privy council at Lambeth, to which many were cited to appeal, and take the see hi. oath. Sir Thomas More was first called, and the oath ^u28. was tendered to him under the great seal ; then he called for the act of succession, to which it related, which was also shewed him : having considered of them, he said, he would neither blame these that made the act, nor those that swore the oath ; but, for his part, though he was willing to swear to the suc- cession, if he might be suffered to draw an oath con- cerning it, yet for the oath that was offered him, his conscience so moved him, that he could not without hazarding his soul take it. Upon this, the Lord Chancellor told him, that he was the first who had refused to swear it, and the King would be highly offended with him for denying it, and so he was de- sired to withdraw and consider better of it. Several others were called upon, and did all take the oath, except the Bishop of Rochester, who answered upon the matter as More had done. When the lords had dispatched all the rest, More was again brought be- fore them ; they shewed him how many had taken it, he answered, he judged no man for doing it, only he could not do it himself. Then they asked the rea- sons why he refused it? He answered, he feared it might provoke the King more against him, if he should offer reasons which would be called a disputing against law : but when he was further pressed to give his reasons, he said, if the King would command him to do it, he would put them in writing. The Archbishop of Canterbury urged him with this argument, that since he said he blamed no other per- son for taking it, it seemed he was not persuaded it was a sin, but was doubtful in the matter ; but he did certainly know, he ought to obey the King, and the law, so there was a certainty on the one hand, and only a doubt on the other ; therefore he was obliged to do that about which he was certain, notwithstand- ing these his doubtings. This did shake him a little, R.Gritvts fculp (SAIE BEET AIL PART I. BOOK II. 255 especially (as himself writes) " coming out of so noble a prelate's mouth ;" but he answered, that though he had examined the matter very carefully, yet his con- science leaned positively to the other side ; and he offered to purge himself by his oath, that it was purely out of a principle of conscience, and out of no light phantasy or obstinacy that he thus refused it. The Abbot of Westminster pressed him, that however the matter appeared to him, he might see his conscience was erroneous, since the great council of the realm was of another mind, and therefore he ought to change his conscience. (A reasoning very fit for so rich an abbot, which discovers of what temper his conscience was.) But to this More answered, that if he were alone against the whole parliament, he had reason to suspect his own understanding ; but he thought he had the whole council of Christendom on his side, as well as the great council of England was against him. Secretary Cromwell, who (as More writes) " tenderly favoured him," seeing his ruin was now inevitable, was much affected at it ; and protested with an oath, he had rather his own only son had lost his head, than that he should have refused the oath. Thus both he and the Bishop of Rochester refused it, but offered to swear another oath for the succession of the crown to the issue of the King's present marriage, because that was in the power of the parliament to determine it. Cranmer, who was a moderate and wise man, and foresaw well the ill effects that would follow on contending so much with persons so highly esteemed over the world, and of such a temper, that severity would bend them to nothing, did by an earnest letter to Cromwell, dated the 27th of April, move, that what wea they offered might be accepted; for if they once swore ^ e D n to the succession, it would quiet the kingdom ; for they acknowledging it, all other persons would ac- quiesce and submit to their judgments. But this sage advice was not accepted. The King was much irritated against them, and re- And are solved to proceed with them according to law, and ^ s t' therefore they were both indicted upon the statute, 256 BURNET'S REFORMATION. and committed prisoners to the Tower. And it being apprehended, that if they had books and papers given them, they would write against the King's marriage or his supremacy ; these were denied them. The old Bishop was hardly used, his bishoprick was seized on, and all his goods taken from him, only some old rags were left to cover him ; and he was neither sup- plied well in diet, nor other necessaries, of which he made sad complaints to Cromwell. But the remainder of this tragical business, which left one of the greatest blots on this King's proceedings, falling within the limits of the next Book, I haste on to the conclusion of this. Another The separation from Rome was made in the former o"pTr!. session of parliament, but the King's supremacy was liaiDentl not yet fully settled. This was reserved for the next session that sat in November, from the 3d of that month, to the 18th of December, about which we can The King's have no light from the Journals, they being lost. The declared! 7 first act confirmed what had been already acknow- ledged by the clergy, " that the King was the supreme head in earth, of the church of England, which was to be annexed to his other titles ; it was also enacted, that the King and his heirs and successors, should have power to visit and reform all heresies, errors, and other abuses, which in the spiritual jurisdiction ought to be reformed." The oath By the second act they confirmed the oath about MoetMfaM the succession, concerning which some doubts had charmed. ^ een ma( j e) because there was no oath specified in the former act, though both Houses had taken it . it was now enacted, that all the subjects were obliged to take it when offered to them, under the pains contained in The erst the act, passed in the former session. By the third ten'efi many might, by their endeavours, especially encou- raged by that impunity, have been corrupted in their affections to the King. Others thought the prose- cuting them in such a manner, did rather raise their reputation higher, and give them more credit with the people, who are naturally inclined to pity those that suffer, and to think well of those opinions, for , which they see men resolved to endure all extre- mities. But others observed the justice of God, in retaliating thus upon them their own severities to others ; for as Fisher did grievously prosecute the preachers of Luther's doctrine, so More's hand had been very heavy on them as long as he had power, and he had shewed them no mercy, but the extremity of the law, which himself now felt to be very heavy. Thus ended this session of parliament, with which this Book is also to conclude ; for now I come to a third period of the King's reign, in which he did go- vern his subjects without any competitor ; but I am to stop a little, and give an account of the progress of the Reformation in these years that I have passed through. The Cardinal was no great persecutor of heretics, s 2 230 BURNET'S REFORMATION. The pro which was generally thought to flow from his hatred fhTiie. of the clergy, and that he was not ill-pleased to have formation. faem depressed. During the agitation of the King's process, there was no prosecution of the preachers of Luther's doctrine. Whether this flowed from any intimation of the King's pleasure to the bishops or not, I cannot tell, but it is very probable it must have been so, for these opinions were received by many, and the popish clergy were so inclined to severity, that as they wanted not occasions, so they had a good mind to use those preachers cruelly ; so that it is likely the King restrained them, and that was always mixed with the other threatenings to work upon the Pope, that heresy would prevail in England, if the King got not justice done him ; so that, till the Cardinal fell, they were put to no further trouble. But as soon as More came into favour, he pressed the King much to put the laws against heretics in execution, and suggested, that the court of Rome would be more wrought upon, by the King's sup- porting the church, and defending the faith vigo- rously, than by threatenings : and therefore a long proclamation was issued out against the heretics, FOX. many of their books were prohibited, and all the laws against them were appointed to be put in exe- cution, and great care was taken to seize them as they came into England; but many escaped their . diligence. Tindai and There were some at Antwerp, Tindal, Joye, Con- Antwer* stantine, with a few more, that were every year writ- ing and printing new books chiefly against the cor- ruptions of the clergy, the superstition of pilgrim- ages, of worshipping images, saints, and relics, and against relying on these things, which were then called, in the common style, good works, in oppo- sition to which they wrote much about faith in Christ with a true evangelical obedience, as the only mean by which men could be saved. The book that had the greatest authority and influence, was Tindal's translation of the New Testament, of which the PART I. BOOK II. 2CH bishops made great complaints, and said, it was full of errors. But Tonstal, then bishop of London, being IWL a man of invincible moderation, would do nobody hurt, yet endeavoured as he could to get their books into his hands : so being at Antwerp in the year 1529, as he returned from his embassy at the treaty of Cambray, he sent for one Packington, an English merchant there, and desired him to see how many New Testaments of Tindal's translation he might have for money. Packington, who was a secret fa- vourer of Tindal, told him what the Bishop proposed. Tindal was very glad of it ; for, being convinced of some faults in his work, he was designing a new and more correct edition ; but he was poor, and the former impression not being sold off, he could not go about it ; so he gave Packington all the copies that lay in his hands, for which the Bishop paid the price, and brought them over, and burnt them publicly in Cheapside. This had such an hateful appearance in The it, being generally called a burning of the word of burt God, that people from thence concluded there must be a visible contrariety, between that book and the doctrines of those who so handled it ; by which both their prejudice against the clergy, and their desire of reading the New Testament was increased. So that next year, when the second edition was finished, many more were brought over, and Constantine being taken in England, the Lord Chancellor, in a private examination, promised him that no hurt should be done him if he would reveal who encouraged and supported them at Antwerp ; which he accepted of, and told, that the greatest encouragement they had, was from the Bishop of London, who had bought up half the impression. This made all that heard of it laugh heartily, though more judicious persons dis- cerned the great temper of that learned Bishop in it. When the clergy condemned Tindal's translation of the New Testament, they declared they intended to set out a true translation of it ; which many thought was never truly designed by them, but only pre- tended, that they might restrain the curiosity of see- 262 BURNET'S REFORMATION. ing Tindal's work, with the hopes of one that should be authorized : and as they made no progress in it, so at length, on the 24th of May, anno 1530, there was a paper drawn and agreed to by Archbishop Warham, Chancellor More, Bishop Tonstal, and many canonists and divines, which every incumbent was commanded to read to his parish, as a warning The last to prevent the contagion of heresy. The contents of s^HelTry which were, " that the King having called together 2j e ^, an ' s many of the prelates, with other learned men out of both Universities, to examine some books lately set out in the English tongue, they had agreed to con- demn them, as containing several points of heresy in them ; and it being proposed to them, whether it was necessary to set forth the Scriptures in the vul- gar tongue, they were of opinion, that though it had been sometimes done, yet it was not necessary, and that the King did well, not to set it out at that time in the English tongue." So by this all the hopes of a translation of the Scriptures vanished. suppiica- There came out another book which took mightily, beTgars! e it was entitled, The Supplication of the Beggars, written by one Simon Fish, of Gray's-inn. In it the beggars complained to the King, that they were re- duced to great misery, the alms of the people being intercepted by companies of strong and idle friars ; for supposing that each of the five mendicant orders had but a penny a quarter from every household, it did rise to a vast sum, of which the indigent and truly necessitous beggars were defrauded. Their being unprofitable to the commonwealth, with several other things, were also complained of. He also taxed the Pope for cruelty and covetousness, that did not deliver all persons out of purgatory, and that none but the rich, who paid well for it, could be discharged out of that prison. This was written in a witty and taking style, and the King had it put in his hands by Anne Boleyn, and liked it well, and would not suffer any thing to be done to the author. Chancellor More was the most zealous champion the clergy had ; for I do not find that any of them More an- swers it. PART I. BOOK II. 263 wrote much, only the Bishop of Rochester wrote for purgatory ; but the rest left it wholly to him, either because few of them could write well, or that he being much esteemed, and a disinterested person, things would be better received from him, than from them who were looked on as parties. So he answered this supplication by another, in the name of the souls that were in purgatory ; representing the miseries they were in, and the great relief they found by the masses the friars said for them, and brought in every man's ancestors calling earnestly upon him to befriend those poor friars now, when they had so many enemies. He confidently asserted, it had been the doctrine of the church for many ages, and brought many places out of the Scriptures to prove it, besides several rea- sons that seemed to confirm it. This, being: writ of 7 O a subject that would allow of a great deal of popular and moving eloquence, in which he was very eminent, took with many. But it discovered to others what was the foundation Frith re. of those religious orders, and that if the belief of pur- gatory were once rooted out, all that was built on that foundation must needs fall with it. So John Frith wrote an answer to More's supplication, to shew, that there was no ground for purgatory in Scripture ; and that it was not believed in the primitive church. He also answered the Bishop of Rochester's book, and some dialogues that were written on the same subject, by Rastal, a printer, and kinsman of More's : he dis- covered the fallacy of their reasonings, which were built on the weakness or defects of our repentance in this life ; and that therefore there must be another state in which we must be further purified. To this he answered, " That our sins were not pardoned for our repentance, or the perfection of it, but only for the merits and sufferings of Christ ; and that, if our re- pentance is sincere, God accepts of it ; and sin, being once pardoned, it could not be further punished. He shewed the difference between the punishments we may suffer in this life, and those in purgatory ; the one are either medicinal corrections for reforming us 264 BURNET'S REFORMATION. more and more, or for giving warning to others : the other are terrible punishments, without any of these ends in them,: therefore the one might well consist with the free pardon of sin, the other could not. So he argued from all these places of Scripture, in which we are said to be freely pardoned our sins by the blood of Christ, that no punishment in another state could consist with it : he also argued from all those places in which it is said, that we shall at the day of judg- ment receive according to what we have done in the body, that there was no state of purgatory beyond this life. For the places brought out of the Old Testa- ment, he shewed they could not be meant of purgatory, since according to the doctrine of the schoolmen there was no going to purgatory before Christ. For the places in the New Testament he appealed to More's great friend, Erasmus, whose exposition of these places differed much from his glosses. That place in the Epistle to the Corinthians about the fire, that was to try every man's work, he said, was plainly allego- rical: and since the foundation, the building of gold, silver, and precious stones ; of wood, hay, and stub- ble, were figuratively taken, there was no reason to take the fire in a literal sense : therefore by fire was to be understood the persecution then near at hand ; called in other places, the fiery trial. For the ancient doctors, he shewed, that in the fourth century, St. Ambrose, Jerome, and St. Austin, the three great doctors of that age, did not believe it, and cited several passages out of their writings. It is true, St. Austin went further than the rest; for though in some passages he delivered his opinion against it, yet in other places he spake of it more doubtfully, as a thing that might be inquired into, but that it could not be certainly known ; and indeed before Gregory the Great's time, it was not received in the church, and then the Benedictine monks were beginning to spread and grow numerous, and they, to draw advan- tages from it, told many stories of visions and dreams, to possess the world with the belief of it ; then the trade grew so profitable, that ever since it was kept PART I. BOOK II. 265 up, and improved : and what succeeded so well with one society and order, to enrich themselves much by it, was an encouragement toothers to follow their track in the same way of traffic. This book was generally well received, and the clergy were so offended at the author, that they resolved to make him feel a real fire whenever he was catched, for endeavouring to put out their imaginary one. That from which More and others took greatest ad- vantage, was, that the new preachers prevailed only on simple tradesmen, and women, and other illiterate persons : but to this the others answered, that the Pharisees made the same objection to the followers of Christ, who were fishermen, women, and rude mecha- nics ; but Christ told them, that to the poor the gos- pel was preached ; and when the philosophers and Jews objected that to the apostles, they said, God's glory did the more appear, since not many rich, wise, or noble, were called, but the poor and despised were chosen : that men who had much to lose, had not that simplicity of mind, nor that disengagement from worldly things that was a necessary disposition to fit them for a doctrine, which was like to bring much trouble and persecution on them. Thus I have opened some of these things, which The were at that time disputed by the pen, in which op- aga position new things were still started and examined. ^ But this was too feeble a weapon for the defence of the clergy, therefore they sought out sharper tools. So there were many brought into the bishops' courts, some for teaching their children the Lord's Prayer, in English, some for reading the forbidden books, some for harbouring the preachers, some for speaking against pilgrimages, or the worshipping and adorning of images, some for not observing the church fasts, some for not coming to confession and the sacrament, and some for speaking against the vices of the clergy. Most of these were simple and illiterate men, and the terror of the bishops' courts, and prisons, and of a faggot, in the end, wrought so much on their fears and weakness, that they generally abjured, and were dis- 266 BURNET'S REFORMATION. MOM. missed. But in the end of the year 1530, one Tho- mas Hitton, who had been curate of Maidstone, and had left that place, going oft to Antwerp ; he bringing over some of the books that were printed there, was xindai. taken at Gravesend, and brought before Warham and Fisher, who, after he had suffered much by a long and cruel imprisonment, condemned him to be burnt. Busy's The most eminent person that suffered about this trial> time was Thomas Bilney, of whose abjuration an ac- count was given in the first Book : he after that went to Cambridge, and was much troubled in his con- science for what he had done ; so that the rest of that Latimer's society at Cambridge were in great apprehensions sermons. o f some violent effect which that desperation might produce, and sometimes watched him whole nights. This continued about a year, but at length his mind was more quieted, and he resolved to expiate his ab- juration by as public and solemn a confession of the truth : and to prepare himself the better both to de- fend and suffer for the doctrines which he had for- merly through fear denied, he followed his studies for two years. And when he found himself well fortified in this resolution, he took leave of his friends at Cam- bridge and went to his own country of Norfolk, to whom he thought he owed his first endeavours. The things He preached up and down the country, confessing to bJ hTm. d his former sin of denying the faith, and taught the people to beware of idolatry, or trusting to pilgrim- ages, to the cowl of St. Francis, to the prayers of saints, or to images ; but exhorted them to stay at home, to give much alms, to believe in Jesus Christ, and to FOX. offer up their hearts, wills, and minds to him in the sacrament. This being noised about, he was seized on by the Bishop's officers, and put in prison at Nor- wich ; and the writ was sent for to burn him as a relapse, he being first condemned and degraded from his priesthood : while he was in prison, the friars came oft about him to persuade him to recant again, and it was given out that he did read a bill of abju- ration. More, not being satisfied to have sent the writ for PART I. BOOK II. 2G7 his burning, studied also to defame him, publishing it is this to the world ; yet in that he was certainly abused, ^ for if he had signed any such paper, it had been put in the Bishop's register, as all things of that nature were ; but no such writing was ever shewn, only some said they heard him read it ; and others, who denied there was any such thing, being questioned for it, submitted and confessed their fault. But, at such a time it was no strange thing if a lie of that nature was vented with so much authority, that men were afraid to contradict it ; and when a man is a close prisoner, those who only have access to him may spread what report of him they please ; and when once such a thing is said, they never want officious vouchers to lie and swear for it. But since nothing was ever shewed under his hand, it was clear there was no truth in these reports, which were spread about to take away the honour of martyrdom from the new doctrines. It is true, he had never inquired into all the other tenets of the church of Rome, and so did not differ from them about the presence of Christ in the sacrament and some other things. But when men The durst speak freely, there were several persons that Jhic witnessed the constancy and sincerity of Bilney in l a e p these his last conflicts ; and, among the rest, Matthew FOX. Parker, afterwards archbishop of Canterbury, was an eye-witness of his sufferings, which from his relation were published afterwards : he took his death pa- tiently and constantly, and in the little time that was allowed him to live after his sentence, he was observed to be cheerful ; and the poor victuals that were brought him, bread and ale, he eat up heartily ; of which when one took notice, he said, he must keep up that ruinous cottage till it fell ; and often repeated that passage in Isaiah, " When thou walkest through the fire thou shalt not be burnt;" and, putting his finger in the flame of the candle, he told those about him, that he well knew what a pain burning was, but that it should only consume the stubble of his body, and that his soul should be purged by it. When the day of execution came, being the 10th 268 BURNET'S REFORMATION. The man- of November, as he was led out, he said to one that Offering? exhorted him to be patient and constant, that as the mariners endured the tossing of the waves, hoping to arrive at their desired port; so, though he was now entering into a storm, yet he hoped he should soon arrive at the haven ; and desired their prayers. When he came to the stake, he repeated the creed, to shew the people that he died in the faith of the apostles ; then he put up his prayers to God with great shows of inward devotion ; which ended, he repeated the 1 43d Psalm, and paused on these words of it, " Enter not into judgment with thy servant, for in thy sight shall no man living be justified," with deep recollection : and when Dr. Warner, that accom- panied him to the stake, took leave of him with many tears, Bilney, with a cheerful countenance, exhorted him to feed his flock, that at his Lord's coming he might find him so doing. Many of the begging friars desired him to declare to the people, that, they had not procured his death ; for that was got among them, and they feared the people would give them no more alms : so he desired the spectators not to be the worse to these men for his sake, for they had not procured his death. Then the fire was set to, and his body consumed to ashes. Thus it appears, both what opinion the people had of him, and in what charity he died even towards his enemies, doing them good for evil ; but this, though it perhaps struck terror in weaker minds, yet it no less encouraged others to endure patiently all the se- verities that were used to draw them from this doc- ByfieWs trine. Soon after one Richard Byfield suffered : he rings ' was a monk of St. Edmundsbury, and had been in- structed by Dr. Barnes, who gave him some books ; which being discovered, he was put in prison, but through fear abjured ; yet afterward he left the mo- nastery and came to London : he went oft over to Antwerp and brought in forbidden books, which being smelled out, he was seized on and examined about these books ; he, justified them, and said, he thought they were good and profitable, and did openly ex- PART I. BOOK II. 269 claim against the dissolute lives of the clergy : so being judged heretic, he was burnt in Smithfield the llth of November. In December, one John Tewksbury, a shopkeeper And in London, who had formerly abjured, was also taken b w y and tried in Sir Thomas More's house at Chelsea, where sentence was given against him by Stokesley, bishop of London (for Tonstal was translated the former year to Duresme), and was burnt in Smithfield. There were also three burnt at York this year, two men and one woman. These proceedings were complained of in the fol- lowing session of parliament, as was formerly told, and the ecclesiastical courts being found both arbi- trary and cruel, the House of Commons desired a re- dress of that from the King ; but nothing was done about it till three years after that the new act against heretics was made, as was already told. The clergy were not much moved at the address which the House of Commons made, and therefore went on in their extreme courses ; and to strike a terror in the gentry, they resolved to make an example of one James Bainham, a gentleman of the Temple : he was Bainham'$ carried to the Lord Chancellor's house, where much * pains was taken to persuade him to discover such as he knew in the Temple who favoured the new opi- FOX. nions ; but fair means not prevailing, More made him be whipped in his own presence, and after that sent him to the Tower, where he looked on and saw him put to the rack. Yet it seems nothing could be drawn from him that might be made use of to any other per- son's hurt ; yet he himself afterwards, overcome with fear, abjured and did penance ; but had no quiet in his conscience, till he went publicly to church, with a New Testament in his hand, and confessed with many tears that he had denied God ; and prayed the people not to do as he had done, and said that he felt a hell in his own conscience for what he had done. So he was soon after carried to the Tower (for now the bishops, to avoid the imputation of using men cruelly in their prisons, did put heretics in the King's 270 BURNET'S REFORMATION. prisons) : he was charged for having said " That Thomas-a-Becket was a murderer, and damned in hell if he did not repent ; and for speaking contemp- tuously of praying to saints, and saying that the sa- crament of the altar, was only Christ's mystical body, and that his body was not chewed with the teeth, but received by faith. So he was judged an obstinate and relapsed heretic, and was burnt in Smithfield about the end of April, 1532." There were also some others burnt a little before his time, of whom a particular account could not be recovered by Fox with all his industry. But with Bainham More's persecution ended ; for soon after he laid down the great seal, which set the poor preachers at ease. Crome and Latimer were brought before the Con- vocation, and accused of heresy. They both sub- Articies scribed the articles offered to them : " That there Tomf was a purgatory : that the souls in it were profited abjured, by masse s said for them : that the saints are now in heaven, and as mediators pray for us : that men ought to pray to them and honour them : that pilgrimages were pious and meritorious : that men who vowed chastity might not marry without the Pope's dispen- sation : that the keys of binding and loosing were given to St. Peter, and to his successors, though their lives were bad, and not at all to the laity : that men merited by prayers, fasting, and other good works : that priests prohibited by the bishop should not preach till they were purged and restored : that the seven sacraments conferred grace : that consecrations and benedictions used by the church were good : that it was good and profitable to set up the images of Christ and the saints in the churches, and to adorn them and burn candles before them ; and that kings were not obliged to give their people the Scriptures in a vulgar tongue." By these articles it may be easily collected what were the doctrines then preached by the reformers. There was yet no dispute about the presence of Christ in the sacrament, which was first called in question by Frith ; for the books of Zuin- glius and CEcolampadius came later into England ; PART I. BOOK II. 271 and hitherto they had only seen Luther's works, with those written by his followers. But in the year 1532, there was another memo- Tracy's rable instance of the clergy's cruelty against the dead bodies of those whom they suspected of heresy. The common style of all wills and testaments at that time was, " First, I bequeath my soul to Almighty God, Regtst. and to our Lady Saint Mary, and to all the saints in jame. heaven : but one William Tracy of Worcestershire dying, left a will of a far different strain ; for he be- queathed his soul only to God through Jesus Christ, to whose intercession alone he trusted, without the help of any other saint ; therefore he left no part of his goods to have any pray for his soul." This *<* being brought into the Convocation by the Prolo- Foi. e ?2. cutor, he was condemned as an heretic, and an order was sent to Parker, chancellor of Winchester, to raise his body. The officious Chancellor went beyond his order, and burnt the body ; but the record bears, that though he might, by the warrant he had, raise the body, according to the law of the church, yet he had no authority to burn it. So two years after Tracy's heirs sued him for it, and he was turned out of his office of chancellor, and fined in 400/. There is another instance of the cruelty of the narding-s clergy this year. One Thomas Harding of Buck- sa inghamshire, an ancient man, who had abjured in the year 1 506, was now observed to go often into woods, and was seen sometimes reading. Upon which his house was searched, and some parcels of the New Testament in English were found in it. So he was carried before Longland, bishop of Lincoln, who, as he was a cruel persecutor, so being the King's con- fessor, acted with the more authority. This aged man was judged* a relapse, and sent to Chesham, were he lived to be burnt, which was executed on Corpus Christi eve. At this time there was an in- dulgence of forty days' pardon proclaimed to all that carried a faggot to the burning of an heretic : so dex- terously did the clergy endeavour to infect the laity with their own cruel spirit ; and that wrought upon J>72 BURNET'S REFORMATION. this occasion a signal effect for as the fire was kin- Fox, died, one flung a faggot at the old man's head, which dashed out his brains. 1533. In the year 1533 it was thought fit by some signal evidence to convince the world, that the King did not design to change the established religion, though he had then proceeded far in his breach with Rome ; and the crafty Bishop of Winchester, Gardiner, as he com- plied with the King in his second marriage and sepa- ration from Rome, so, being an inveterate enemy to the Reformation, and in his heart addicted to the court of Rome, did by this argument often prevail with the King, to punish the heretics ; that it would most effectually justify his other proceedings, and convince the world that he was still a good catholic King ; which at several times drew the King to what he desired. And at this time, the steps the King had made in his separation from the Pope had given such heart to the new preachers, that they grew bolder and more public in their assemblies. Frith'ssuf- John Frith, as he was an excellent scholar, which was so taken notice of some years before, that he was put in the list of those whom the Cardinal intended to bring from Cambridge and put in his college at Oxford ; so he had offended them by several writings, and by a discourse which he wrote against the cor- poral presence of Christ, in the sacrament, had pro- voked the King, who continued to his death to be- iiisarga- lieve that firmly : " The substance of his argument Snstthe was, that Christ in the sacrament gave eternal life, pwTnc'l but the receiving the bare sacrament did not give eternal life, since many took it to their damnation ; therefore Christ's presence there, was only felt by faith. This he further proved by the fathers before Christ, who did eat the same spiritual food, and drink of the rock, which was Christ, according to St. Paul : since then, they and we communicate in the same thing, and it was certain that they did not eat Christ's flesh corporally, but fed by faith on a Messias to come, as Christians do on a Messias already come: therefore we now do only communicate by faith. He PART I. BOOK II. 273 also insisted much on the signification of the word sacrament, from whence he concluded, that the ele- ments must be the mystical signs of Christ's body and blood ; for if they were truly the flesh and blood of Christ, they should not be sacraments : he con- cluded, that the ends of the sacrament were these three, by a visible action to knit the society of Chris- tians together in one body, to be a means of convey- ing grace upon our due participating of them, and to be remembrances to stir up men to bless God for that unspeakable love, which in the death of Christ appeared to mankind. To all these ends the cor- poral presence of Christ availed nothing, they being sufficiently answered by a mystical presence : yet he drew no other conclusion, from these premises, but that the belief of the corporal presence in the sacra- ment, was no necessary article of our faith. This either flowed from his not having yet arrived at a sure persuasion in the matter, or that he chose in that modest style, to encounter an opinion, of which the world was so fond, that to have opposed it in down- right words, would have given prejudices against all that he could say. Frith, upon a long conversation with one upon this subject, was desired to set down the heads of it in writing, which he did. The paper went about, and was by a false brother conveyed to Sir Thomas More's hands, who set himself to answer it in his ordinary style, treating Frith with great contempt, calling him always the young man. Frith was in prison before he saw More's book, yet he wrote a reply to it, which I do not find was then published ; but a copy of it was brought afterwards to Cranmer, who acknowledged when he wrote his Apology against Gardiner, that he had received great light in that matter from Frith's book, and drew most of his arguments out of it It was afterwards printed with his works, anno 1573; and by it may appear, how much truth is stronger than error. For though More wrote with as much wit and eloquence as any man in that age did, and Frith wrote plainly without any VOL. I. T 274 BURNET'S REFORMATION. art; yet there is so great a difference between their books, that whoever compares them, will clearly per- ceive the one to be the ingenious defender of an ill cause, and the other a simple asserter of truth. Frith wrote with all the disadvantage that was possible, being then in the jail, where he could have no books, but some notes he might have collected formerly : he was also so loaded with irons, that he could scarce sit with any ease. He began with confirming what he had delivered about the fathers before Christ, their feeding on his body in the same manner that Christians do since his death; this he proved from Scripture, and several places of St. Austin's works : he proved also from Scripture, that after the conse- cration the elements were still bread and wine, and were so called both by our Saviour and his apostles ; that our senses shew they are not changed in their natures, and that they are still subject to corruption, which can in no way be said of the body of Christ. He proved that the eating of Christ's flesh in the Gth of St. John, cannot be applied to the sacrament; since the wicked receive it, who yet do not eat the flesh of Christ, otherwise they should have eternal life. He shewed also, that the sacrament coming in the room of the Jewish paschal larnb, we must un- derstand Christ's words, " This is my body," in the same sense in which it was said, that the lamb was the Lord's passover. He confirmed this by many passages, cited out of Tertullian, Athanasius, Chry- sostome, Ambrose, Jerome, Austin, Fulgentius, Eu- sebius, and some later writers, as Beda, Bertram, and Druthmar, who did all assert that the elements re- tained their former natures, and were only the mys- teries, signs, and figures of the body and blood of Christ. But Gelasius's words seemed so remark- able, that they could not but determine the contro- versy, especially considering he was bishop of Rome : he, therefore, writing against the Eutychians, who thought the human nature of Christ was changed into the Divine, says, " That as the elements of bread and wine being consecrated to be the sacraments of PART I. BOOK II. 275 the body and blood of Christ, did not cease to be bread and wine in substance, but continued in their own proper natures;" so the human nature of Christ continued still, though it was united to the Divine nature : this was a manifest indication of the belief of the church in that age, and ought to weigh more than a hundred high rhetorical expressions. He brought likewise several testimonies out of the fa- thers, to shew that they knew nothing of the conse- quences that follow transubstantiation ; of a body being in more places at once, or being in a place after the manner of a spirit, or of the worship to be given to the sacrament. Upon this he digresses, and says, that the German divines believed a corpo- ral presence; yet since that was only an opinion that rested in their minds, and did not carry along with it any corruption of the worship, or idolatrous prac- tice, it was to be borne with, and the peace of the church was not to be broken for it: but the case of the church of Rome was very different, which had set up gross idolatry, building it upon this doctrine. Thus I have given a short abstract of Frith's book, which I thought fit the rather to do, because it was the first book that was written on this subject in England by any of the reformers. And from hence it may appear, upon what solid and weighty reasons they then began to shake the received opinion of transub- stantiation : and with how much learning this contro- versy was managed by him, who first undertook it. One thing was singular in Frith's opinion, that he thought there should be no contest made about the O manner of Christ's presence in the sacrament ; for whatever opinion men held in speculation, if it went not to a practical error (which was the adoration of it, for that was idolatry in his opinion) there were no disputes to be made about it, therefore he was much against all heats between the Lutherans and Zuing- lians; for he thought in such a matter, that was wholly speculative, every man might hold his own opinion without making a breach of the unity of the church about it. T 2 of hT s " 276 BURNET'S REFORMATION. He was apprehended in May, 1533, and kept in prison till the 20th of June, and then he was brought before the bishop of London, Gardiner and Longland sitting with him. They objected to him his opi- nions about the sacrament and purgatory ; he an- swered, that for the first he did not find transubstan- tiation in the Scriptures, nor in any approved au- thors ; and therefore he would not admit any thing as an article of faith, without clear and certain grounds : for he did not think the authority of the church reached so far. They argued with him upon some passages out of St. Austin and St. Chrysostome, to which he answered, by opposing other places of the same fathers, and shewed how they were to be reconciled to themselves : when it came to a conclu- sion, these words are set down in the register as his confession. Hisopinion " Frith thinketh and judgeth that the natural body cramLt. of Christ is not in the sacrament of the altar, but in one place only at once. Item, he saith, that neither part is a necessary article of our faith, whether the natural body be there in the sacrament or not." As for purgatory, he said a man consisted of two parts, his body and soul ; his body was purged by sickness and other pains, and at last by death, and was not by their own doctrine sent to purgatory. And for the soul, it was purged through the word of God received by faith. So his confession was writ- Andof ten down in these words. Item, " Frith thinketh " ory * and judgeth that there is no purgatory for the soul after that it is departed from the body, and as he thinketh herein, so hath he said, written, and de- fended ; howbeit he thinketh neither part to be an article of faith, necessarily to be believed under pain of damnation." The bishops, with the doctors that stood about them, took much pains to make him change ; but he told them, that he could not be induced to believe, that these were articles of faith. And when they threatened to proceed to a final sentence, he seemed not moved with it, but said, " Let judgment be done PART I. BOOK II. 277 in righteousness." The bishops, though none of them were guilty of great tenderness, yet seemed to pity him much ; and the Bishop of London pro- fessed, he gave sentence with great grief of heart. In the end he was judged an obstinate heretic, and was delivered to the secular power : there is one clause in this sentence, which is not in many others, there- fore I shall set it down. "Most earnestly requiring, in the bowels of our nets con. Lord Jesus Christ, that this execution and punish- ment, worthily to be done upon thee, may be so mo- derate, that the rigour thereof be not too extreme, nor yet the gentleness too much mitigated, but that it may be to the salvation of thy soul, to the extirpation, terror, and conversion of heretics, and to the unity of the catholic faith." This was thought a scorning of God and men, when those, who knew that he was to be burnt, and intended it should be so, yet used such an obtestation by the bowels of Jesus Christ, that the rigour might not be extreme. This being certified, the writ was issued out, and as the register bears, he was burnt in Smithfield the 4th of July, and one Andrew Hewet with him, who also denied the pre- sence of Christ in the sacrament of the altar. This Hewet was an apprentice, and went to the meetings of these preachers, and was twice betrayed by some spies whom the bishops' officers had among them, who discovered many. When he was examined, he would not acknowledge the corporal presence, but was illiterate, and resolved to do as Frith did ; so he was also condemned and burnt with him. When they were brought to the stake, Frith ex- His cor pressed great joy, at his approaching martyrdom, J** n ^ ff |, n r . and in a transport of it, hugged the faggots in his in s- arms, as the instruments that were to send him to his eternal rest. One Dr. Cook, a parson of London, called to the people, that they should not pray for them any more than they would do for a dog. At which Frith smiled, and prayed God to forgive him ; so the fire was set to, and they were consumed to ashes. This was the last act of the clergy's cruelty against 278 BURNET'S REFORMATION. men's lives, and was much condemned : it was thought an unheard-of barbarity, thus to burn a moderate and learned young man, only because he would not ac- knowledge some of their doctrines to be articles of faith ; and though his private judgment was against their tenet, yet he was not positive in it, any further, than that he could not believe the contrary to be necessary to salvation. But the clergy were now so bathed in blood, that they seemed to have stripped themselves of those impressions of pity and compas- sion, which are natural to mankind ; they therefore held on in their severe courses, till the act of parlia- ment did effectually restrain them. philips-* In the account that was given of that act, mention was made of one Thomas Philips, who put in his complaint to the House of Commons against the Bishop of London. The proceedings against him, had been both extreme and illegal : he was at first apprehended, and put in the Tower upon suspicion of heresy, and when they searched him, a copy of Tracy's Testament was found about him, and butter and cheese were found in his chamber, it being in the time of Lent. There was also another letter found about him, exhorting him to be ready to suffer con- stantly for the truth. Upon these presumptions the Bishop of London proceeded against him, and re- quired him to abjure. But he said, he would wil- lingly swear to be obedient as a Christian man ought, and that he would never hold any heresy during his life, nor favour heretics ; but the Bishop would not accept of that, since there might be ambiguities in it : therefore he required him to make the abjuration in common form, which he refused to do, and appealed to the King as the supreme head of the church. Yet the Bishop pronounced him contumav, and did ex- communicate him ; but whether he was released on his appeal, or not, I do not find ; yet perhaps this was the man of whom the Pope complained to the English ambassadors, 1532, that an heretic having appealed to the King as the supreme head of the church, was taken out of the Bishop's hands, and judged and PART I. BOOK II. 279 acquitted in the King's courts. It is probable this was the man, only the Pope was informed, that it was from the Archbishop of Canterbury that he appealed, in which there might be a mistake for the Bishop of London. But whatever ground there may be for that conjecture, Philips got his liberty, and put in a complaint to the House of Commons, which produced the act about heretics. And now that act being passed, together with the A * to p s .. f , i TJ , .1 , i ,r puttothes* extirpation 01 the ropes authority, and the power cruet pro- being lodged in the King to correct and reform ceedlDgs - heresies, idolatries, and abuses, the standard of the catholic faith being also declared to be the Scriptures, the persecuted preachers had ease and encourage- ment every where. They also saw that the necessity of the King's affairs would constrain him to be gentle to them ; for the sentence which the Pope gave against the King was committed to the Emperor to be executed by him, who was then aspiring to a uni- versal monarchy ; and therefore as soon as his other wars gave him leisure to look over to England and Ireland, he had now a good colour to justify an inva- sion, both from the Pope's sentence, and the interests and honour of his family in protecting his aunt and her daughter : therefore the King was to give him work elsewhere, in order to which his interest obliged him to join himself to the princes of Germany, who had at Smalcald entered into a league offensive and defensive, for the liberty of religion and the rights of the empire. This was a thorn in the Emperor's side, which the King's interest would oblige him by all means to maintain. Upon which the reformers in England concluded, that either the King, to recom- mend himself to these princes, would relax the seve- rities of the law against them, or otherwise, that their friends in Germany would see to it ; for in those first fervours of reformations, the princes made that always a condition in their treaties, that those who favoured their doctrine might be no more persecuted. n , QllMn But their chief encouragement was from the Queen, [^ r u e re who reigned in the King's heart, as absolutely as he ured 280 BURNET'S REFORMATION. did over his subjects ; and was a known favourer of them. She took Shaxton and Latimer to be her chap- lains, and soon after promoted them to the bishop- ricks of Salisbury and Worcester, then vacant by the deprivation of Campegio and Ghinuccii ; and in all other things cherished and protected them, and used her most effectual endeavours with the King to pro- oanmer mote the Reformation. Next to her, Cranmer, arch- ti* a.- bishop of Canterbury, was a professed favourer of it, formation. w k besides the authority of his character and see, V was well fitted for carrying it on, being a very learned and industrious man. He was at great pains to col- lect the sense of ancient writers, upon all the heads of religion, by which he might be well directed in such an important matter. I have seen two volumes in folio written with his own hand, containing upon all the heads of religion a vast heap, both of places of Scripture and quotations out of ancient fathers, and later doctors, and schoolmen, by which he go- verned himself in that work. There is also an ori- ginal letter of the Lord Burghley's extant, which I have seen, in which he writes, that he had six or seven volumes of his writings ; all which, except two other that I have seen, are lost, for aught I can un- derstand. From which it will appear in the sequel of this work, that he neither copied from foreign writers, nor proceeded rashly in the Reformation. He was a man of great temper ; and, as I have seen in some of his letters to Osiander, and some of Osian- der's answers to him, he very much disliked the vio- lence of the German divines. He was gentle in his whole behaviour ; and though he was a man of too great candour and simplicity to be refined in the arts of policy, yet he managed his affairs with great pru- dence ; which did so much recommend him to the King, that no ill offices were ever able to hurt him. It is true, he had some singular opinions about eccle- siastical functions and offices, which he seemed to make wholly dependant on the magistrate, as much as the civil were ; but as he never studied to get his opi- nion in that made a part of the doctrine of the church, 1 PART I. BOOK I. 281 reserving only to himself the freedom of his own thoughts, which I have reason to think he did after- wards either change, or at least was content to be overruled in it : so it is clear that he held not that opi- nion to get the King's favour by it, for in many other things, as in the business of the six articles, he boldly and freely argued, both in the Convocation and the House of Peers, against that which he knew was the King's mind, and took his life in his hands, which had certainly been offered at a stake, if the King's esteem of him had not been proof against all attempts. Next him, or rather above him, was Cromwell, who 1535. was made the King's vicegerent in ecclesiastical mat- b>"crom- ters, a man of mean birth, but noble qualities, as ap- well> peared in two signal instances ; the one being his pleading in parliament so zealously and successfully for the fallen and disgraced Cardinal, whose secretary he was, when Gardiner, though more obliged by him, had basely forsaken him. This was thought so just and generous in him, that it did not at all hinder his preferment, but raised his credit higher ; such a de- monstration of gratitude and friendship in misfortune being so rare a thing in a court. The other was his remembering the merchant of Lucca, that had pitied and relieved him when he was a poor stranger there, and expressing most extraordinary acknowledgments and gratitude when he was afterwards in the top of his greatness : and the other did not so much as know him, much less pretend to any returns for past favours, which shewed that he had a noble and gene- rous temper ; only he made too much haste to be great and rich. He joined himself in a firm friend- ship to Cranmer, and did promote the Reformation very vigorously. But there was another party in the court, that wrest- The Duke led much against it; the head of it was the Duke ofL. which, though I could not recover the originals, yet copies of very good authority I have seen, which the reader will find in the Collection at the end of this Book. The instructions contain eighty-six articles. The substance of them was, to try, PART I. BOOK III. 297 " Whether Divine service was kept up, day and Ins| - night, in the right hours ? And how many were com- *. u. monly present, and who were frequently absent ? co"i e ee " Whether the full number, according to the foun- *' umb - l - dation, was in every house ? Who were the founders ? What additions have been made since the founda- tion ? And what were their revenues ? Whether it was ever changed from one order to another ? By whom ? And for what cause ? " What mortmains they had ? And whether their founders were sufficiently authorized to make such donations ? " Upon what suggestions, and for what causes, they were exempted from their diocesans? " Their local statutes were also to be seen and ex- amined. " The election of their head was to be inquired into. The rule of every house was to be considered. How many professed ? And how many novices were in it ? And at what time the novices professed ? " Whether they knew their rule and observed it? Chiefly the three vows of poverty, chastity, and obe- dience? Whether any of them kept any money without the master's knowledge ? Whether they kept company with women, within or without the monas- tery ? Or if there were any back doors, by which women came within the precinct? Whether they had any boys lying by them ? " Whether they observed the rules of silence, fast- ing, abstinence, and hair shirts ? Or by what warrant they were dispensed with, in any of these ? " Whether they did eat, sleep, wear their habit, and stay within the monastery, according to their rules ? "Whether the master was too cruel, or too re- miss? And whether he used the brethren without partiality or malice ? " Whether any of the brethren were incorrigible-? " Whether the master made his accompts faithfully once a year? Whether all the other officers made their accompts truly ? And whether the whole re- S*)8 JBURNET'S REFORMATION. venues of the house were employed according to the intention of the founders ? " Whether the fabric was kept up, and the plate and furniture were carefully preserved ? " Whether the covent-seal, and the writings of the house, were well kept? And whether leases were made by the master to his kindred and friends, to the da- mage of the house ? Whether hospitality was kept, and whether, at the receiving of novices, any money or reward was demanded or promised ? What care was taken to instruct the novices ? "Whether any had entered into the house, in hope to be once the master of it ? " Whether, in giving presentations to livings, the master had reserved a pension out of them ? Or what sort of bargains he made concerning them ? " An account was to be taken, of all the parsonages and vicarages belonging to every house, and how these benefices were disposed of, and how the cure was served." All these things were to be inquired after in the house of monks or friars. And in the visitation of nunneries, they were to search, " Whether the house had a good inclosure, and if the doors and windows were kept shut, so that no man could enter at inconvenient hours ? "Whether any men conversed with the sisters alone, without the abbess's leave ? " Whether any sister was forced to profess, either by her kindred, or by the abbess ? " Whether they went out of their precinct without leave ? And whether they wore their habit then ? " What employment they had out of the times of Divine service ? What familiarity they had with re- ligious men ? Whether they wrote love-letters ? Or sent and received tokens or presents ? u Whether the confessor was a discreet and learned man, and of good reputation ? And how oft a year the sisters did confess and communicate ?" They were also to visit all collegiate churches, hos- pitals and cathedrals, and the order of the Knights of PART I. BOOK III 290 Jerusalem. But if this copy be complete, they were only to view their writings and papers, to see what could be gathered out of them, about the reformation of monastical orders. And as they were to visit, ac- cording to these instructions, so they were to give some injunctions in the King's name. " That they should endeavour, all that in them lay, injunctions that the act of the King's succession should be ob- [ r io a ^ re ~ served," (where it is said, ' that they had under their houses - hands and seals confirmed it.' This shews, that all See the religious houses of England had acknowledged Numb.. it:) "and they should teach the people, that the King's power was supreme on earth, under God, and that the Bishop of Rome's power was usurped by craft and policy, and by his ill canons and decretals, which had been long tolerated by the Prince, but was now justly taken away. " The abbot and brethren were declared to be ab- solved from any oath they had sworn to the Pope, or to any foreign potentate ; and the statutes of any order, that did bind them to a foreign subjection, were abro- gated, and ordered to be razed out of their books. " That no monk should go out of the precinct, nor any woman enter within it, without leave from the King or the visitor, and that there should be no entry to it, but one. " Some rules were given about their meals, and a chapter of the Old or New Testament was ordered to be read at every one. The abbot's table was to be served with common meats, and not with delicate and strange dishes ; and either he, or one of the seniors, was to be always there to entertain strangers. " Some other rules follow about the distribution of their alms, their accommodation in health and sick- ness. One or two of every house was to be kept at the University, that, when they were well instructed, they might come and teach others : and every day, there was to be a lecture of divinity for a whole hour : the brethren must all be well employed. " The abbot or head was every day to explain some part of the rule, and apply it according to Christ's law; iJOO BURNET'S REFORMATION. and to shew them, that their ceremonies were but ele- ments, introductory to true Christianity ; and that re- ligion consisted not in habits, or in such-like rites, but in cleanness of heart, pureness of living, unfeigned faith, brotherly charity, and true honouring of God in spirit and truth : that therefore they must riot rest in their ceremonies, but ascend by them to true religion. " Other rules are added about the revenues of the house, and against wastes, and that none be entered into their house, nor admitted under twenty-four years of age. " Every priest in the house was to say mass daily, and in it to pray for the King and Queen. " If any brake any of these injunctions, he was to be denounced to the King, or his Visitor-sreneral. The O ' O Visitor had also authority to punish any, whom he should find guilty of any crime, and to bring the Visitor-general such of their books and writings as he thought fit." /\nac- But before I give an account of this visitation, I th""- presume it will not be ingrateful to the reader, to offer fhTmoLs- n ^ m some short view of the rise and progress of mo- tieai siate nastic orders in England, and of the state they were iand." g in at this time. What the ancient British monks were, or by what rule they were governed ; whether it was from the eastern churches, that this constitution was brought into Britain, and was either suited to the rule of St. Anthony, St. Pachom, or St. Basil ; or whether they had it from France, where Sulpitius tells us, St. Martin set up monasteries, must be left to conjecture. But from the little that remains of them, we find they were very numerous, and were obedient to the Bishop of Caerleon, as all the monks of the primitive times were to their bishops, according to the canons of the council of Chalcedon. But, upon the confusions which the Gothic wars brought into Italy, Benedict and others set up religious houses : and more artificial rules and methods were found out for their government. Not long after that, Austin the monk came into England ; and having bap- tized Ethelbert, he persuaded him to found a monas- PART I. BOOK III. 301 tery at Canterbury, which the King, by his charter, ex- The - empted from the jurisdiction of the Archbishop and 0?'."* his successors. This was not only done by Austin's S^'M'"' consent, but he by another writing confirms this foun- '> dation, and exempted both the monastery and all the churches belonging to it from his or his successors' jurisdictions; and most earnestly conjures his succes- sors, never to give any trouble to the monks, who were only to be subject to their own abbot. And this was granted, that they might have no disturbance in the service of God. (But whether this, with many other ancient foundations, were not latter forgeries, which I vehemently suspect, I leave to critics to discuss.) The next exemption, that I find, was granted in the year 680, to the abbey of Peterborough, by Pope Agatho, and was signed by Theodore, archbishop of Canterbury, called the Pope's legate. (This I doubt was forged afterwards.) In the year 725, King Ina's cnarter to the abbey of Glassenbury relates to their ancient charters, and exempts them from the bishop's jurisdiction. King Offa founded and exempted the monastery of St. Albans, in the year 793, which Pope Honorius III. confirmed, anno 1218. Kenulph, king of Mercia, founded and exempted Abington, in the year 821. Knut founded and exempted St. Edmunds- bury, in the year 1020. About the end of the eighth century, the Danes be- Mowste. gan to make their descents into England, and made rljiy 8 . every where great depredations; and finding the e ^ ed monks had possessed themselves of the greatest part of the riches of the nation, they made their most fre- Amiquu. quent inroads upon these places where they knew the richest spoil was to be found. And they did so waste and ruin these houses, that they were generally aban- doned by the monks, who as they loved the ease and wealth they had enjoyed formerly in their houses, so had no rnind to expose themselves to the persecutions of those heathenish invaders. But when they had de- serted their seats, the secular clergy came and possessed them ; so that in King Edgar's time there was scarce a monk in all England. He was a most dissolute and 302 BURNET'S REFORMATION. Bat are lewd prince ; but, being persuaded by Dunstan, and upV King other monks, that what he did towards restoring of Edgar ' that decayed state would be a matter of great merit, became the great promoter of the monastical state in England ; for he converted most of the chapters into monasteries ; and by his foundation of the priory of Worcester, it appears, he had then founded no fewer than forty-seven, which he intended to increase to fifty, the number of pardons. Yet in his foundations, he only exempted the monasteries from all exactions or dues, which the bishops claimed. There are ex- emptions of several rates and sizes : some houses were only exempted from all exactions; others from all ju- risdiction or visitations; others had only an exemp- tion for their precinct ; others for all the churches that belonged to them. Edward the Confessor exempted many of these houses, which Edgar had founded, as Ramsey, &c. He also founded and exempted West- minster; which exemption was confirmed by Pope Nicolas, in a bull to King Edward. William the Conqueror founded and exempted the abbey, of Battle from all episcopal jurisdiction. But after that time I do not find that our kings ex- O empted abbeys from any thing but episcopal exac- tions ; for though formerly kings had made laws, and given orders about ecclesiastical matters, yet now the claim to an immunity from the civil jurisdiction, and also the papal authority, were grown to that height, that princes were to meddle no more with sacred things. And henceforth all exemptions were granted by the popes, who claimed a jurisdiction over the whole church ; and assumed that power to them- selves, with many other usurpations. Arts used All the ancient foundations were subscribed by the nfonksfor King, the Queen, and Prince, with many bishops and enmhmg J^^Q^ an( j d u k es an d ear l s consenting. The abbeys hoascs. being exempted from all jurisdiction, both civil and spiritual, and from all impositions ; and having ge- nerally the privilege of sanctuary for all that fled to them, were at ease, and accountable to none ; so they might do what they pleased. They found also means PART I. BOOK III. 303 to enrich themselves, first, by the belief of purgatory. For they persuaded all people, that the souls departed went generally thither : few were so holy, as to go straight to heaven ; and few so bad, as to be cast to hell. Then people were made believe, that the say- ing of masses for their souls gave them great relief in torments, and did at length deliver them out of them. This being generally received, it was thought by all a piece of piety to their parents, and of ne- cessary care for themselves and their families, to give some part of their estates towards the enriching of these houses, for having a mass said every day for the souls of their ancestors, and for their own, after their death. And this did so spread, that if some laws had not restrained their profuseness, the greater part of all the estates in England had been given to those houses. But the statutes of mortmain were not very effectual restraints ; for what king soever had refused to grant a mortmain, was sure to have an uneasy reign ever after. Yet this did not satisfy the monks, but they fell upon other contrivances, to get the best of all men's jewels, plate, and furniture. For they persuaded them, that the protection and intercession of saints were of mighty use to them ; so that whatsoever re- spect they put on the shrines and images, but chiefly on the relics of saints, they would find their account in it, and the saints would take it kindly at their hands, and intercede the more earnestly for them. And people, who saw courtiers much wrought on by presents, imagined the saints were of the same tem- per ; only with this difference, that courtiers love to have presents put in their own hands, but the saints were satisfied if they were given to others. And as in the courts of princes, the new favourite commonly had greatest credit, so every new saint was believed to have a greater force in his addresses ; and there- fore every body was to run to their shrines, and make great presents to them. This being infused into the credulous multitude, they brought the richest things they had to the places where the bodies or relics of 304 BURNET'S REFORMATION. those saints were laid. Some images were also be- lieved to have a peculiar excellency in them ; and pilgrimages and presents to these were much mag- nified. But, to quicken all this, the monks found the means, either by dreams and visions, or strange miraculous stories, to feed the devotion of the people. Relics without number were every where discovered ; and most wonderful relations of the martyrdom, and other miracles of the saints, were made and read in all places to the people ; and new improvements were daily made in a trade, that, through the craft of the monks, and the simplicity of the people, brought in great advantages. And though there was enough got to enrich them all, yet there was strange rival- ling, not only among the several orders, but the houses of the same order. The monks, especially of Glassenbury, St. Albans, and St. Edmundsbury, vied one with another who could tell the most extrava- gant stories for the honour of their house, and of the relics in it. They be. The monks in these houses abounding in wealth, r^Ty co e and living at ease and in idleness, did so degenerate, rupted. that, from the twelfth century downward, their repu- tation abated much ; and the privileges of sanctuaries were a general grievance, and oft complained of in parliaments : for they received all that fled to them, which put a great stop to justice, and did encourage the most criminal offenders. They became lewd and dissolute, and so impudent in it, that some of their farms were let for bringing in a yearly tribute to their lusts : nor did they keep hospitality and relieve the poor ; but rather encouraged vagabonds and beggars against whom laws were made, both in Edward III. King Henry VII. and this King's reign. U P D But from the twelfth century, the orders of beg- which the . r . , , ^ ' , ^gging gmg triars were set up, and they, by the appearance muc in"* f severity and mortification, gained great esteem, credit. At first they would have nothing, no real estates, but the ground on which their house stood. But after- wards distinctions were found for satisfying their consciences in larger possessions. They were not so PART I. BOOK III. 305 idle and lazy as the monks, but went about and preached, and heard confessions, and carried about indulgences, with many other pretty little things, Agnus Dei's, rosaries, and pebbles ; which they made the world believe had great virtue in them. And they had the esteem of the people wholly engrossed to themselves They were also more formidable to princes than the monks, because they were poorer, and, by consequence, more hardy and bold. There was also a firmer union of their whole order, they having a general at Rome, and divided into many provinces, subject to their provincials. They had likewise the school-learning wholly in their hands, and were great preachers, so that many things con- curred to raise their esteem with the people very high ; yet great complaints lay against them, for they went more abroad than the monks did, and were believed guilty of corrupting families. The scandals that went on them, upon their relaxing the primitive strictness of their orders, were a little rectified by some reformations of these orders. But that lasted not long; for they became liable to much censure, and many visitations had been made, but to little pur- pose. This concurring with their secret practices against the King, both in the matter of his divorce and supremacy, made him more willing to examine the truth of these reports ; that if they were found guilty of such scandals, they might lose their credit with the people, and occasions be ministered to the King, to justify the suppression of them. There were also two other motives that inclined the The King's King to this counsel. The one was, that he appre- ^"VoT hended a war from the Emperor, who was then the j^ lviDf only prince in the world that had any considerable h<*es. force at sea ; having both great fleets in the Indies, and being Prince of the Netherlands, where the greatest trade of these parts was driven. Therefore the King judged it necessary to fortify his ports, and seeing the great advantages of trade, which began then to rise much, was resolved to encourage it : for which end he intended to build many havens and VOL. i. x 306 BURNET'S REFORMATION. harbours. This was a matter of great charge, and as his own revenue could not defray it, so he had no mind to lay heavy taxes on his subjects : therefore the suppression of monasteries was thought the easiest way of raising money. He also intended to erect many more bishopricks, to which Cranmer advised him much, that the vast- ness of some dioceses, being reduced to a narrower compass, bishops might better discharge their duties, and oversee their flocks, according to the Scriptures, and the primitive rules. cranmer-s But Cranmer did on another reason press the sup- u! sigl ' pression of monasteries. He found that their founda- tions, and whole state, was inconsistent with a full and true reformation. For among the things to be reformed were these abuses, which were essential to their constitution ; (such as, the belief of purgatory, of redeeming souls by masses, the worship of saints and images, and pilgrimages, and the like.) And therefore those societies, whose interest it was to op- pose the Reformation, were once to be suppressed : and then he hoped, upon new endowments and foundations, new houses should have been erected at every cathedral, to be nurseries for that whole dio- cese ; which he thought would be more suitable to the primitive use of monasteries, and more profitable to the church. This was his scheme, as will after- wards appear ; which was in some measure effected, though not so fully as he projected, for reasons to be told in their proper place. First mo- There had been a bull sent from Rome for dis- thatTas solving some monasteries, and erecting bishopricks dissolved. ou j. o f t nenlj as was related in the former Book, in the year 1532. And it seems it was upon that au- thority, that in the year 1533, the priory of Christ's Church, near Algate in London, was dissolved, and given to the Lord Chancellor, Sir Thomas Audley ; (not to make him speak shriller for his master in the House of Commons, as Fuller mistakes it ; for he had been lord chancellor a year before this was given him.) The Pope's authority not being at that time put down, PART I. BOOK III. 307 nor the King's supremacy set up, I conjecture it was done pursuant to the bull for the dissolution of some religious houses ; but I never saw the dissolution, and so can only guess on what ground it was made. But A <* 10. in the parliament held the former year, in which the Rg . 25. King's grant of that house to the Lord Chancellor was confirmed, it is said, in the preamble, " that the prior and convent had resigned that house to the King, the 24th of February, 23d Regni, and had left their house ;" but no mention is made upon what rea- son they did it. But now I come to consider how the visitors car- xbepro- ried on their visitations. Many severe things are ^e^fw said of their proceedings ; nor is it any wonder, that Lib men who had traded so long in lies, as the monks had E- * done, should load those, whom they esteemed the instruments of their ruin, with many calumnies. By their letters to Cromwell, it appears, that in most houses they found monstrous disorders. That many fell down on their knees, and prayed they might be discharged, since they had been forced to make vows against their wills ; with these the visitors dispensed, and set them at liberty. They found great factions in the houses, and barbarous cruelties exercised by one faction against another, as either of them pre- vailed. In many places, when they gave them the King's injunctions, many cried out, that the severity of them was intolerable, and they desired rather to be suppressed, than so reformed. They were all extremely addicted to idolatry and superstition, hi some they found the instruments, and other tools, for multiplying and coining. But for the lewdness of the confessors of nunneries, and the great corruption of that state, whole houses being found almost all with child ; for the dissolute- ness of abbots and the other monks and friars, not only with whores, but married women ; and for their unnatural lusts and other brutal practices, these are not fit to be spoken of, much less enlarged on in a work of this nature. The full report of this visitation iwa. is lost, yet I have seen an extract of a part of it, con- x 2 Some houses 308 BURNET'S REFORMATION. cerning one hundred and forty-four houses, that contains abominations in it equal to any that were in Sodom. One passage that is more remarkable, I shall only set down ; because upon it followed the first resig- e nation of any religious house that I could ever find. Doctor Leighton beset the Abbot of Langden's house, and broke open his door of a sudden, and found his whore with him ; and in the Abbot's coffer there was a habit for her, for she went for a young brother. Whether the shame of this discovery, or any other consideration prevailed with him, I know not ; but, on the 13th of November, he and ten monks signed a ' ~ resignation, which hath an odd kind of preamble, to collect, be found in the Collection. " It says, that the revenue sect! i. of the house was so much endamaged and engaged in so much debt, that they considering this, and what remedies might be found for it, saw, that except the King, of whose foundation the house was, did speedily relieve them, it must be very quickly ruined, both as to its spiritual and temporal concerns ; there- fore they surrender up their house to the King/' They were of the order of Premonstre, and their house was dedicated to the honour of the blessed xheorigi- Virgin and St. Thomas Becket. This precedent was "e!igna hese followed by the like surrender, with the same pre- ilthe A* am ^ e > on tne 1 5th of November, by the Prior of mentation Folkeston, a Benedictine ; and, on the 16th, by the envied!" 1 Prior of Dover, with eight monks. These were all i^i"""' of them in the county of Kent. But neither among Regn.27. the original surrenders, nor in the Clause Rolls, are there any other deeds in this year of our Lord. There are indeed in the same year of the King, (which runs till April, 1536,) four other surrenders, with the same preambles. Of Merton, in Yorkshire, a convent of Augustinians, signed by the Prior and five monks, the 9th of February ; of Bilsingtoun, in Kent, signed by the Prior and two monks, the 21st of February ; of Tilty, in Essex, a convent of Cistercians, signed by the Prior and five monks ; and of Hornby, in York- shire, a convent of the Premonstre, signed by the PART I. BOOK III. 309 Prior and two monks, the 23d of March. These were all the surrenders that I can discover to have been made before the act of Parliament, for sup- pressing the lesser monasteries, passed in the next session that was assembled in February. But before that the afflicted and unfortunate Queen isse. Katherine died at Kimbolton : she had been much T1 of Queen Katherine. disquieted, because she would not lay down her title K of Queen. Many of her servants were put from her on that account ; but she would accept of no service, from any that did not use her as a queen, and call her so. The King sent oft to her, to persuade her to more compliance. But she stood her ground, and said, since the Pope had judged her marriage good, original*, she would lose her life before she did any thing in l . c'eu! prejudice of it. She became more cheerful than she Ub> had wont to be ; and the country people came much to her, whom she received and used very obligingly, The King had a mind she should go to Fotheringay Castle. But when it was proposed to her, she plainly said, she would never go thither, unless she was car- ried as a prisoner, bound with ropes. She desired leave to come nearer London ; but that was not granted. She had the jointure that was assigned her, as Princess Dowager, and was treated with the respect due to that dignity ; but all the women about her still called her Queen. I do not find she had any thoughts of going out of England ; though her life in it was but melancholy. Yet her care to support her daughter's title made her bear all the disgraces she lay under. The officious and practising clergy, that were for the court of Rome, looked on her as the head of their party, and asserted her interests much. Yet she was so watched, that she could not hold any great correspondence with them ; though in the matter of the Maid of Kent she had some meddling. When she sickened, she made her will ; and ap- pointed her body to be buried in a convent of Obser- vant friars, (who had done and suffered most for her,) and ordered five hundred masses to be said for her soul ; and that one should go a pilgrimage to our 310 BURNET'S REFORMATION. Lady of Walsingham, and give twenty nobles by the way to the poor. Some other small legacies she left to her servants. When the King heard she was sick, he sent a kind message to her ; and the Emperor's ambassador went to see her, and to cheer her up ; but when she found her sickness like to prove mortal, she made one about her write a letter in her name to the King. In the title she called him, " Her good Lord, King, and Husband. She advised him to look to the health of his soul. She forgave him all the troubles he had cast her into. She recommended their daugh- ter Mary to him, and desired he would be a loving father to her. She also desired, that he would provide matches for her maids, who were but three ; and that he would give her servants one year's wages more than was due to them. And concluded lastly, ' I make this vow, that mine eyes desire you above all things.' 51 By another letter, she recommended her daughter to the Emperor's care. On the 8th of Ja- nuary she died, in the fiftieth year of her age, thirty- three years after she came to England. She was a de- vout and pious princess, and led a severe and mor- tified life. In her greatness she wrought much with her own hands, and kept her women well employed about her ; as appeared when the two legates came once to speak to her. She came out to them with a skein of silk about her neck, and told them, she had been at work with her women. She was most passionately devoted to the interests of the court of Rome, they being so interwoven with her own. And, in a word, she is represented as a most wonderful good woman. Only I find on many occasions, that the King complained much of her uneasiness and peevishness. But whether the fault was in her humour, or in the provocations she met with, the reader may conjecture. The King received the news of her death with some regret. But he would not give leave to bury her as she had ordered ; but made her body be laid in the abbey church of Peterborough, which he afterwards converted to an episcopal cathedral. But Queen Anne did not carry her death so decently ; PART I. BOOK III. 311 for she expressed too much joy at it, both in her car- riage and dress. On the 4th of February, the parliament sat, upon A new**. a prorogation of fourteen months, (for in the Record u^***' there is no mention of any intermedial prorogation,) where a great many laws, relating to civil concerns, were passed. By the 15th act, the power that had been given by a former act to the King, for naming thirty-two persons, to make a collection of ecclesi- astical laws, was again confirmed ; for nothing had been done upon the former act. But there was no limitation of time in this act, and so there was nothing done in pursuance of it. The great business of this session of parliament was The lessfr the suppressing the lesser monasteries. How this . went through the two houses we cannot know from pressed ' the Journals, for they are lost. But all the historians of that time, tell us, that the report which the visitors made to the King was read in parliament : which re- presented the manners of these houses so odiously, that the act was easily carried. The preamble bears, " That small religious houses, under the number of twelve persons, had been long and notoriously guilty of vicious and abominable living ; and did much con- sume and waste their churches, lands, and other things belonging to them ; and that for above two hundred years, there had been many visitations for reforming these abuses, but with no success ; their vicious living increasing daily : so that except small houses were dissolved, and the religious put into greater monas- teries, there could no reformation be expected in that matter. Whereupon the King having received a full information of these abuses, both by his visitors and other credible ways, and considering that there were divers great monasteries, in which religion was well kept and observed, which had not the full number in them, that they might and ought to receive, had made a full declaration of the premises in parliament. Whereupon it was enacted, that all houses which might spend yearly two hundred pounds, or within it, should be suppressed, and their revenues converted to Keasons for do- 912 BURNET'S REFORMATION. better uses, and they compelled to reform their lives." The Lord Herbert thinks it strange, that the statute in the printed book has no preamble, but begins bluntly. Fuller tells us, that he wonders that Lord did not see the record ; and he sets down the preamble, and says, " The rest follow as in the printed statute, chap. 27th ;" by a mistake for the 28th. This shews that neither the one nor the other ever looked on the record. For there is a particular statute of dissolution, distinct from the 28th chapter ; and the preamble, which Fuller sets down, belongs not to the 28th chapter, as he says, but to the 18th chapter, which was never printed ; and the 28th relates in the preamble to that other statute, which had given these monasteries to the King. The reasons that were pretended for dissolving ">g these houses, were : that whereas there was but a small number of persons in them, they entered into confederacies together, and their poverty set them on to use many ill arts to grow rich. They were also much abroad, and kept no manner of discipline in their houses. But those houses were generally much richer than they seemed to be : for the abbots, raising great fines out of them, held the leases still low ; and by that means, they were not obliged to entertain a greater number in their house, and so enriched them- selves and their brethren by the fines that were raised ; for many houses, then rated at two hundred pounds, were worth many thousands, as will appear to any that compares, what they were then valued at, (which is collected by Speed,) with what their estates are truly worth. When this was passing in parliament, Stokesley, bishop of London, said, " These lesser houses were as thorns, soon plucked up, but the great abbots were like putrefied old oaks ; yet they must needs follow, and so would others do in Christendom, before many years were passed." By another act, all these houses, their churches, lands, and all their goods, were given to the King, and his heirs and successors, together with all other houses, which within a year before the making of the act had PART I. BOOK III. 313 been dissolved or suppressed ; and for the gathering the revenues that belonged to them, a new court was erected, called the Court of the Augmentations of the King's Revenue ; which was to consist of a chancel- lor, a treasurer, an attorney and solicitor, and ten au- ditors, seventeen receivers, a clerk, an usher, and a messenger. This court was to bring in the revenues of such houses as were now dissolved, excepting only such as the King by his letters-patents continued in their former state, appointing a seal for the court, with full power and authority to dispose of these lands so as might be most for the King's service. Thus fell the lesser abbeys, to the number of three hundred and seventy-six; and, soon after, this par- liament, which had done the King such eminent ser- vice, and had now sat six years, was dissolved on the 14th of April. In the convocation, a motion was made of great con- The tr. ns sequence, that there should be a translation of the !heBibi f e Bible in English, to be set up in all the churches of j, n es f" D g ^ sh England. The clergy, when they procured Tindal's translation to be condemned, and suppressed it, gave out that they intended to make a translation into the vulgar tongue : yet it was afterwards, upon a long consultation, resolved, that it was free for the church to give the Bible in a vulgar tongue, or not, as they pleased ; and that the King was not obliged to it, and that at that time it was not at all expedient to do it. Upon which those that promoted the Reformation made great complaints, and said it was visible the clergy knew there was an opposition between the Scriptures and their doctrine. That they had first condemned Wickliffe's translation, and then Tindal's; and though they ought to teach men the word of God, yet they did all they could to suppress it. In the times of the Old Testament, the Scriptures Therea. were writ in the vulgar tongue, and all were charged *' to read and remember the law. The apostles wrote in Greek, which was then the most common language in the world. Christ did also appeal to the Scrip- tures, and sent the people to them. And by what St. 314 BURNET'S REFORMATION. Paul says of Timothy, it appears, that children were then early trained up in that study. In the primitive church, as nations were converted to the faith, the Bi- ble was translated into their tongue. The Latin trans- lation was very ancient ; the Bible was afterwards put into the Scythian, Dalmatian, and Gothic tongues. It continued thus for several ages, till the state of monkery rose ; and then, when they engrossed the riches, and the popes assumed the dominion, of the world, it was not consistent with these designs, nor with the arts used to promote them, to let the Scrip- tures be much known : therefore legends and strange stories of visions, with other devices, were thought more proper for keeping up their credit, and carrying on their ends. It was now generally desired, that if there were just exceptions against what Tindal had done, these might be amended in a new translation. This was a plausible thing, and wrought much on all that heard it; who plainly concluded, that those who denied the people the use of the Scriptures in their vulgar tongues, must needs know their own doctrine and practices to be inconsistent with it. Upon these grounds, Cranmer, who was projecting the most effec- tual means for promoting a reformation of doctrine, moved in convocation, that they should petition the The oppo- King for leave to make a translation of the Bible. But Mtionmade Q ar 3i ner an d Q\\ his party opposed it, both in convo- cation and in secret with the King. It was said, that all the heresies and extravagant opinions, which were then in Germany, and from thence coming over to England, sprang from the free use of the Scriptures. And whereas in May the last year, nineteen Hol- landers were accused of some heretical opinions; " de- nying Christ to be both God and man, or that he took flesh and blood of the Virgin Mary, or that the sacra- ments had any effect on those that received them;" in which opinions fourteen of them remained obsti- nate, and were burnt by pairs in several places : it was complained, that all those drew their damnable errors from the indiscreet use of the Scriptures. And to PART I. BOOK III. 315 offer the Bible in the English tongue to the whole nation, during these distractions, would prove, as they pretended, the greatest snare that could be. There- fore they proposed, there should be a short exposi- tion of the most useful and necessary doctrines of the Christian faith given to the people in the English tongue, for the instruction of the nation, which would keep them in a certain subjection to the King and the church in matters of faith. The other party, though they liked well the pub- lishing such a treatise in the vulgar tongue, yet by no means thought that sufficient; but said, the people must be allowed to search the Scripture, by which they might be convinced that such treatises were ac- cording to it. These arguments prevailed with the two houses of convocation: so they petitioned the King, that he would give order to some to set about it. To this great opposition was made at court. Some, on the one hand, told the King, that a diver- sity of opinions would arise out of it; and that he could no more govern his subjects if he gave way to that. But, on the other hand, it was represented, that nothing would make his supremacy so acceptable to the nation, and make the Pope more hateful, than to let them see, that whereas the popes had governed them by a blind obedience, and kept them in dark- ness, the King brought them into the light, and gave them the free use of the word of God. And nothing would more effectually extirpate the Pope's authority, and discover the impostures of the monks, than the Bible in English; in which all people would clearly discern, there was no foundation for those things. These arguments, joined with the power that the Queen had in his affections, were so much considered by the King, that he gave order for setting about it immediately. To whom that work was committed, or how they proceeded in it, I know not. For the account of these things has not been preserved, nor conveyed to us, with that care that the importance of the thing required. Yet it appears that the work was carried on at a good rate: for three years after this of Queen Anne. 31G BURNET'S REFORMATION. it was printed at Paris, which shews they made all convenient haste in a thing that required so much deliberation. The fan But this was the last public good act of this unfor- tunate Queen; who, the nearer she drew to her end, grew more full of good works. She had distributed, in the last nine months of her life, between fourteen and fifteen thousand pounds to the poor, and was de- signing great and public good things. And, by all appearance, if she had lived, the money that was raised by the suppression of religious houses had been better employed than it was. In January she brought forth a dead son. This was thought to have made ill impressions on the King; and that, as he concluded from the death of his sons by the former Queen that the marriage was displeasing to God, so he might, upon this misfortune, begin to make the like judgment The whole o f this marriage. Sure enough the popish party were popish , . i /-\ i i i i party earnestly set against the Queen, looking on her as the on? ve " great supporter of heresy. And at that time, Fox, then bishop of Hereford, was in Germany, at Smalcald, treating a league with the Protestant princes, who insisted much on the Augsburg Confession. There were many conferences between Fox and Dr. Barnes, and some others, with the Lutheran divines, for ac- commodating the differences between them, and the thing was in a good forwardness. All which was imputed to the Queen. Gardiner was then ambas- sador in France, and wrote earnestly to the King, to dissuade him from entering into any religious league with these princes: for that would alienate all the world from him, and dispose his own subjects to rebel. The King thought the German princes and divines should have submitted all things to his judgment, and had such an opinion of his own learning, and was so puffed up with the flattering praises that he daily heard, that he grew impatient of any opposition, and thought that his dictates should pass for oracles. And because the Germans would not receive them so his mind was alienated from them. But the Duke of Norfolk, at court, and Gardiner, PART I. BOOK III. 317 beyond sea, thought there might easily be found a mean to accommodate the King, both with the Em- peror and the Pope, if the Queen were once out of the way; for then he might freely marry any one whom he pleased, and that marriage, with the male issue of it, could not be disputed : whereas, as long as the Queen lived, her marriage, as being judged null from the beginning, could never be allowed by the court of Rome, or any of that party. With these reasons of state, others of affection concurred. The Queen had been his wife three years ; but at this time he entertained a secret love for Jane Seymour, who had all the charms both of beauty and youth in her person ; and her humour was tempered, between the severe gravity of Queen Katherine, and the gay plea- santness of Queen Anne. The Queen, perceiving this alienation of the King's heart, used all possible arts to recover that affection, of whose decay she was sadly sensible. But the success was quite contrary to what she designed : for the King saw her no more with those eyes, which she had formerly captivated ; but grew jealous, and ascribed those caresses to some other criminal affections, of which he began to sus- pect her. This being one of the most memorable passages of this reign, I was at more than ordinary pains to learn all I could concerning it, and have not only seen a great many letters that were writ, by those that were set about the Queen, and catched every thing that fell from her, and sent it to court, but have also seen an account of it, which the learned Spelman, who was a judge at that time, writ with his own hand in his common-place book ; and another account of it writ by one Anthony Anthony, a surveyor of the ordnance of the Tower. From all which I shall give a just and faithful relation of it, without concealing the least circumstance that may either seem favour- able or unfavourable to her. She was of a very cheerful temper, which was not T always limited within the bounds of exact decency i and discretion. She had rallied some of the King's servants more than became her. Her brother, the 318 BURNET'S REFORMATION. Lord Rochford, was her friend as well as brother ; but his spiteful wife was jealous of him : and being a woman of no sort of virtue (as will appear after- wards by her serving Queen Katlierine Howard in her beastly practices, for which she was attainted and executed), she carried many stories to the King, or some about him, to persuade, that there was a fa- miliarity between the Queen and her brother, beyond what so near a relation could justify. All that could be said for it was only this ; that he was once seen leaning upon her bed, which bred great suspi- cion. Henry Norris, that was groom of the stole, Weston and Brereton, that were of the King's privy- chamber, and one Mark Smeton, a musician, were all observed to have much of her favour. And their zeal in serving her, was thought too warm and dili- gent to flow from a less active principle than love. Many circumstances were brought to the King, which, working upon his aversion to the Queen, together with his affection to Mistress Seymour, made him conclude her guilty. Yet somewhat which himself observed, or fancied, at a tilting at Greenwich, is be- lieved to have given a crisis to her ruin. It is said, o ' that he spied her let her handkerchief fall to one of her gallants to wipe his face, being hot after a course. Whether she dropped it carelessly, or of design ; or whether there be any truth in that story, the letters concerning her fall making no mention of it, I cannot determine ; for Spelman makes no mention of it, and gives a very different account of the discovery in these words : " As for the evidence of this matter, it was discovered by the Lady Wingfield, who had been a servant to the Queen, and, becoming on a sudden infirm some time before her death, did swear this matter to one of her " and here unluckily the rest of the page is torn off. By this it seems, there was no legal evidence against the Queen, and that it was but a witness at second hand, who deposed what they heard the Lady Wingfield swear. Who this person was we know not, nor in what temper of mind the Lady Wingfield might be when she swore PART I. BOOK III. 319 it. The safest sort of forgery, to one whose conscience can swallow it, is, to lay a thing on a dead person's name, where there is no fear of discovery before the great day : and when it was understood that the Queen had lost the King's Jieart, many, either out of their zeal to popery, or design to make their fortune, might be easily induced to carry a story of this na- ture. And this it seems was that which was brought to the King at Greenwich, who did thereupon imme- diately return to Whitehall, it being the 1st of May. The Queen was immediately restrained to her cham- ber ; the other five were also seized on ; but none of them would confess any thing but Mark Smeton, " as to any actual thing," so Cromwell writ. Upon iheieue this they were carried to the Tower. The poor ^,t! Queen was in a sad condition ; she must not only fall Otho - c - under the King's displeasure, but be both defamed and destroyed at once. At first she smiled and car- ried it cheerfully ; and said, she believed the King did this only to prove her. But when she saw it was in earnest, she desired to have the sacrament in her closet, and expressed great devotion, and seemed to be prepared for death. The surprise and confusion she was in raised fits of the mother, which those about her did not seem to understand : but three or four letters which were writ by Sir William Kingston to Secretary Cromwell, concerning her, to court, say, that she was at some times very devout, and cried much ; and of a sudden would burst out in laughter, which are evident signs of vapours. When she heard that those who were accused with her were sent to the Tower, she then concluded herself lost ; and said, she should be sent thither next ; and talked idly, saying, " that if her bishops were about the King, they would all speak for her." She also said, " that she would be a saint in heaven, for she had done many good deeds ; and that there should be no rain, but heavy judgments on the land, for what they were now doing to her." Her enemies had now gone too far not to destroy her. Next day she was carried to the Tower, and some 320 BURNET'S REFORMATION. lords, that met her on the river, declared to her what her offences were. Upon which she made deep pro- testations of her innocence, and begged leave to see she u put the King; but that was not to be expected. When TO, and she was carried into the Tower, "she fell down on pleads he iniiocency her ^ knees, and prayed God to help her, as she was cy. L v i not guilty of the thing for which she was accused." That same day the King wrote to Cranmer, to come to Lambeth ; but ordered him not to come into his presence : which was procured by the Queen's ene- mies, who took care, that one who had such credit with the King, should not come at him, till they had fully persuaded him that she was guilty. Her uncle's lady, the Lady Boleyn, was appointed to lie in the chamber with her, which she took very ill ; for, upon what reason I know not, she had been in very ill terms with her. She engaged her into much dis- course, and studied to draw confessions from her. Whatsoever she said was presently sent to the court. And a woman full of vapours was like enough to tell every thing that was true, with a great deal more ; for persons in that condition, not only have no com- mand of themselves, but are apt to say any thing that comes in their fancy. The Duke of Norfolk, and some of the King's council, were with her ; but could draw nothing from her, though they made her believe that Norris and Mark had accused her. But when they were gone, she fell down on her knees and wept, and prayed often, " Jesu, have mercy on me ;" and then fell a langhing : when that fit was over, she desired to have the sacrament still by her, that she might cry for mercy. And she said to the Lieutenant of the Tower, she was as clear of the company of all men, as to sin, as she was clear from him ; and that she was the King's true wedded wife. And she cried out, " O Norris, hast thou accused me ? thou art in the Tower with me, and thou and I shall die together; and Mark, so shalt thou too." She apprehended they were to put her in a dungeon ; and sadly bemoaned her own, and her mother's misery ; and asked them, PART I. BOOK III. 321 whether she must die without justice. But they told her, the poorest subjects had justice, much more would she have it. The same letter says, that Norris had not accused her ; and that he said to her almoner, that he could swear for her, she was a good woman. But she being made believe that he had accused her, Butco and not being then so free in her thoughts, as to ^J consider that ordinary artifice for drawing out con- words< fessions, told all she knew, both of him and Mark. Which, though it was not enough to destroy her, yet certainly wrought much on the jealous and alienated King. She told him, " that she once asked Norris, why he did not go on with his marriage ? who an swered her, That he would yet tarry some time. To which she replied, You look for dead men's shoes ; for if aught come to the King but good, you would look to have me. He answered, If he had any such thought, he would his head were cut off. Upon which she said, She could undo him if she pleased, and thereupon she fell out with him." As for Mark, who was then laid in irons, she said he was never in her chamber but when the King was last at Win- chester ; and then he came in to play on the virgi- nals : she said, " that she never spoke to him after that, but on Saturday before May-day, when she saw him standing in the window, and then she asked him, Why he was so sad ? he said, It was no matter : she answered, You may not look to have me speak to you, as if you were a nobleman, since you are an in- ferior person. No, no, madam, said he ; a look suf- ficeth me." She seemed more apprehensive of Wes- ton, than of any body. For on Whitsun-Monday last he said to her, " That Norris came more to her chamber upon her account, than for any body else that was there. She had observed, that he loved a kinswoman of her's, and challenged him for it, and for not loving his wife. But he answered her, That there were women in the house whom he loved better than them both : she asked, Who is that ? Yourself, said he ; upon which, she said, she defied him." This misery of the Queen's drew after it the com- VOL. I. Y 322 BURNET'S REFORMATION mon effects that follow persons under such a disgrace; for now all the court was against her, and every one was courting the rising Queen. But Cranmer had not learned these arts, and had a better soul in him than to be capable of such baseness and ingratitude. He had been much obliged by her, and had conceived a high opinion of her, and so could not easily receive ill impressions of her; yet he knew the King's temper, and that a downright justification of her would pro- voke him : therefore he wrote the following letter, on the 3d of May, with all the softness that so tender a point required ; in which he justified her, as far as was consistent with prudence and charity. The let- ter shews of what a constitution he was that wrote it ; and contains so many things that tend highly to her honour, that I shall insert it here, as I copied it from the original. crater's " Pleaseth it your most noble Grace to be adver- the te King tised, that at your Grace's commandment by Mr. about her. Secretary's letters, written in your Grace's name, I Cott. Lib. Til i ill otho. c. came to Lambeth yesterday, and do there remain to know your Grace's farther pleasure. And forsomuch as, without your Grace's commandment, I dare not, contrary to the contents of the said letters, presume to come unto your Grace's presence ; nevertheless, of my most bounden duty, I can do no less than most humbly to desire your Grace, by your great wisdom, and by the assistance of God's help, somewhat to suppress the deep sorrows of your Grace's heart, and to take all adversities of God's hands both patiently and thankfully,. I cannot deny but your Grace hath great causes many ways of lamentable heaviness : and also that, in the wrongful estimation of the world, your Grace's honour of every part is so highly touched (whether the things that commonly be spoken of be true or not), that I remember not that ever Almighty God sent unto your Grace any like occasion to try your Grace's constancy throughout, whether your Highness can be content to take of God's hand, as well things displeasant as pleasant. And if he find PART I. BOOK III. 323 in your most noble heart such an obedience unto his will, that your Grace without murmuration and over- much heaviness, do accept all adversities, not less thanking him than when all things succeed after your Grace's will and pleasure, nor less procuring his glory and honour ; then I suppose your Grace did never thing more acceptable unto him, since your first go- vernance of this your realm. And moreover, your Grace shall give unto him occasion to multiply and increase his graces and benefits unto your Highness, as he did unto his most faithful servant Job ; unto whom, after his great calamities and heaviness, for his obedient heart, and willing acceptation of God's scourge and rod, addidit ei Dominus cuncta du- plicia. And if it be true, that is openly reported of the Queen's Grace, if men had a right estimation of things, they should not esteem any part of your Grace's honour to be touched thereby, but her honour only to be clearly disparaged. And I am in such a perplexity, that my mind is clean amazed : for I never had better opinion in woman than I had in her ; which maketh me to think, that she should not be culpable. And again, I think your Highness would not have gone so far, except she had surely been culpable. Now I think that your Grace best knoweth, that, next unto your Grace, I was most bound unto her of all crea- tures living. Wherefore, I most humbly beseech your Grace, to suffer me in that, which both God's law, nature, and also her kindness bindeth me unto ; that is, that I may with your Grace's favour, wish and pray for her, that she may declare herself inculpable and innocent. And if she be found culpable, considering your Grace's goodness towards her, and from what condition your Grace of your only mere goodness took her, and set the crown upon her head ; I repute him not your Grace's faithful servant and subject, nor true unto the realm, that would not desire the offence with- out mercy to be punished, to the example of all other. And as I loved her not a little, for the love which I judged her to bear towards God and his gospel ; so, if she be proved culpable, there is not one that loveth Y 2 324 BURNET'S REFORMATION. God and his gospel that ever will favour her, but must hate her above all other ; and the more they favour the gospel, the more they will hate her : for then there was never creature in our time that so much slandered the gospel. And God hath sent her this punishment, for that she feignedly hath professed his gospel in her mouth, and not in heart and deed. And though she have offended so, that she hath deserved never to be reconciled unto your Grace's favour ; yet Almighty God hath manifoldly declared his goodness towards your Grace, and never offended you. But your Grace, I am sure, acknowledgeth that you have offended him. Wherefore, I trust that your Grace will bear no less entire favour unto the truth of the gospel than you did before : forsomuch as your Grace's favour to the gospel was not led by affec- tion unto her, but by zeal unto the truth. And thus I beseech Almighty God, whose gospel he hath or- dained your Grace to be defender of, ever to preserve your Grace from all evil, and give you at the end the promise of his gospel. From Lambeth, the 3d day of May. " After I had written this letter unto your Grace, my Lord Chancellor, my Lord of Oxford, my Lord of Sussex, and my Lord Chamberlain of your Grace's house, sent for me to come unto the Star-Chamber ; and there declared unto me such things as your Grace's pleasure was they should make me privy unto. For the which I am most bounden unto your Grace. And what communication we had together, I doubt not but they will make the true report thereof unto your Grace. I am exceedingly sorry that such faults can be proved by the Queen, as I heard of their re- lation. But I am, and ever shall be, your faithful subject. " Your Grace's " Humble subject and chaplain, "T. CANTUARIENSIS." But jealousy and the King's new affection had quite defaced all the remainders of esteem for his late beloved Queen. Yet the ministers continued prac- PART I. BOOK III. 325 tising, to get further evidence for the trial ; which was not brought on till the 12th of May ; and then Norris, Weston, Brereton, and Smeton were tried, by a commission of Oyer and Terminer, in Westminster Hall. They were twice indicted, and the indictments were found by two grand juries, in the counties of Kent and Middlesex : the crimes with which they were charged being said to be done in both these counties. Mark Smeton* confessed he had known the Queen carnally three times : the other three pleaded Not guilty ; but the jury, upon the evidence formerly mentioned, found them all guilty ; and judgment was given, that they should be drawn to the place of execution, and some of them to be hanged, others to be beheaded, and all to be quartered, as guilty of high treason. On the 15th of May, the she is Queen and her brother, the Lord Rochford (who was aTiai'. a peer, having been made a viscount when his father was created Earl of Wiltshire), were brought to be tried by their peers : the Duke of Norfolk being lord high steward for that occasion. With him sat the Duke of Suffolk, the Marquis of Exeter, the Earls of Arundel, Oxford, Northumberland, Westmoreland, Derby, Worcester, Rutland, Sussex, and Hunting- ton ; and the Lords Audley, Delaware, Montague, Morley, Dacres, Cobham, Maltravers, Powis, Mount- eagle, Clinton, Sands, Windsor, Wentworth, Burgh, and Mordaunt ; in all twenty-six. f Here the Queen * Smeton's confession is very doubtful, as to the extent and credit of it at least. Lord Herbert's silence as to the fact itself, led Collier to question the latter. In the third volume of this History, more will be found upon the sub- ject, and in Soames'i History of the Reformation under Henry VIII., vol. ii. the different accounts are compared and ably discussed, Smeton's evidence being judged to have had, at all events, little weight, as to the actual guilt of the Queen. N. t There is much to be attended to in this account of the Queen's trial. Burnet, following Heylin, had not hesitated to write, that the Queen's own father, and father of the Lord Rochford, the Earl of Wiltshire, was one of the peers who sat in judgment upon them. Burnet had not then seen the record of the Queen's trial ; but having afterwards obtained a sight of it, he was glad to find this was not the fact, but that Heylin had heedlessly copied it from Sanders (lying Sanders as it is quite common to call him). Burnet cor- rected himself in a paper in his addenda to this volume, by which the present text was amended in a former edition. Dr. Lingard, in his recent History of England, having evinced a strong disposition to credit Sanders, supposing, and even asserting, that the records of the Queen's trial, &c. had perished, should have known, that Burnet had seen them, and knew how much they 326 BURNET'S REFORMATION. of England, by an unheard-of precedent, was brought to the bar and indicted of high treason. The crimes charged on her were, " That she had procured her brother and the other four to lie with her, which they had done often; that she had said to everyone of them by themselves, that she loved them better than any person whatsoever : which was to the slander of the issue that was begotten between the King and her." And this was treason, according to the sta- tute made in the twenty-sixth year of this reign (so that the law that was made for her, and the issue of her marriage, is now made use of to destroy her). It was also added in the indictment, that she and her accomplices had conspired the King's death ; but this it seems was only put in to swell the charge ; for if there had been any evidence for it, there was no need of stretching the other statute ; or if they could have proved the violating of the Queen, the known statute of the twenty-fifth year of the reign of Edward III. had been sufficient. When the indict- ment was read, she held up her hand and pleaded Not guilty, and so did her brother ; and did answer the evidence was brought against her discreetly. One thing is remarkable, that Mark Smeton, who was the only person that confessed any thing, was never con- fronted with the Queen, nor was kept to be an evi- dence against her ; for he had received his sentence three days before, and so could be no witness in law : but perhaps, though he was wrought on to confess, yet they did not think that he had confidence enough to aver it to the Queen's face; therefore the evidence they brought, as Spelman says, was the oath of a woman that was dead ; yet this, or rather the terror of offending the King, so wrought on the Lords, that contradicted Sanders. In Hargrave's State Trials, the records on which Bur- net relied, are stated to have been a common-place book of Judge Spelman, and an account of the trial by A. Anthony, a surveyor of the ordnance of the Tower. From some of the Harleian MSS. since examined by Mr. Turner (Mod. Hist. Henry VIII.), there would still appear to be some doubt upon, the point. That the Earl of Wiltshire was named in the commission of inves- tigation, cited by Mr. Turner, there can be no question ; but Burnet undoubt- edly was convinced by the papers he saw, that he did not sit as one of the judges. Her own father's conviction therefore of her guilt, often insisted upon by writers on the other side, is not so well proved as has been pretended. N. PART I. BOOK III. 327 they found her and her brother guilty : and judg- ment was given that she should be burnt or be- headed, at the King's pleasure. Upon which Spel- man observes, that whereas burning is the death which the law appoints for a woman that is attainted of treason, yet, since she had been Queen of Eng- land, they left it to the King to determine, whether she should die so infamous a death, or be beheaded ; but the judges complained of this way of proceeding, and said, such a disjunctive in a judgment of treason had never been seen. The Lord Rochford was also condemned to be beheaded and quartered. Yet all this did not satisfy the enraged King; but the mar- riage between him and her must be annulled, and the issue illegitimated. The King remembered an intrigue that had been between her and the Earl of Northumberland, which was mentioned in the former Book ; and that he, then Lord Percy, had said to the Cardinal, " That he had gone so far before witnesses, that it lay upon his conscience, so that he could not go back :" this, it is like, might be some promise he made to marry her, per verba defuturo, which, though it was no pre-contract in itself, yet it seems the poor Queen was either so ignorant, or so ill-advised, as to be persuaded afterwards it was one ; though it is certain that nothing but a contract, per verba de pr* p~- the like, and harder measure, by the same means. " Some took notice of her faint justifying herself on the scaffold, as if her conscience had then prevailed so far, that she could no longer deny a thing for which she was so soon to answer at another tribunal. But others thought her care of her daughter made her speak so tenderly ; for she had observed, that Queen Katherine's obstinacy had drawn the King's indigna- tion on her daughter ; and therefore, that she alone .Num'j. 4. 332 BURNET'S REFORMATION. might bear her misfortunes, and derive no share of them on her daughter, she spoke in a style that could give the King no just offence ; and as she said enough to justify herself, so she said as much for the King's honour as could be expected. Yet, in a letter that she wrote to the King from the Tower, (which will be collect, found in the Collection,) she pleaded her innocence, in a strain of so much wit and moving passionate elo- quence, as perhaps can scarce be paralleled : certainly her spirits were much exalted when she wrote it, for it is a pitch above her ordinary style. Yet the copy I take it from, lying among Cromwell's other papers, makes me believe it was truly written by her. Her carriage seemed too free, and all people thought that some freedoms and levities in her had encouraged those unfortunate persons to speak such bold things to her; since few attempt upon the chas- tity, or make declarations of love, to persons of so exalted a quality, except they see some invitations, at least in their carriage. Others thought that a free and jovial temper might, with great innocence, though with no discretion, lead one to all those things that were proved against her; and therefore they con- cluded her chaste, though indiscreet. Others blamed the King, and taxed his cruelty in proceeding so se- verely against a person whose chastity he had reason to be assured of, since she had resisted his addresses near five years, till he legitimated them by marriage.* But others excused him. It is certain her carriage had given just cause of some jealousy, and that being the rage of a man, it was no wonder if a king of his temper, conceiving it against one whom he had so signally obliged, was transported into unjustifiable excesses. * Andr6 Thevet, a French Franciscan, who wrote some years after this an Universal Cosmography, says, lib. 16. c. 5, that he was assured, by divers English gentlemen, that King Henry at his death, among his other sins, re- pented in particular of the wrong he had done the Queen, in destroying her by a. false accusation. And though Thuanus makes him an author of no credit, yet there is no reason to suspect him in this particular, for writers seldom lie against their interest ; and the Franciscan order had suffered so much for their adhering to Queen Katherine's interests, in opposition to Anne Boleyn, that it is not likely one of that order would have strained a point to tell an honour- able story of her. This was made use of in Queen Elizabeth's time, to vindi- cate her memory. See Saravia Tract, cont. Bezam. c. 2. versus finem. PART I. BOOK III. 333 Others condemned Cranmer, as a man that obsequi- ously followed all the King's appetites ; and that he had now divorced the King a second time, which shewed that his conscience was governed by the King's pleasure as his supreme law. But what he did was unavoidable : for, whatever motives drew from her the confession of that pre-contract, he was obliged to give sentence upon it : and that which she confessed, being such as made her incapable to contract marriage with the King, he could not decline the giving of sentence upon so formal a confession. Some loaded all that favoured the Reformation : and said it now appeared what a woman their great patroness and supporter had been. But to those it was answered that her faults, if true, being secret, could cast no reflection on those, who, being ignorant of them, made use of her protection. And the church of Rome thought not their cause suffered by the enraged cruelty and ambi- tion of the cursed Irene, who had convened thesecond council of Nice, and set up the worship of images again in the East; whom the popes continued to court and magnify, after her barbarous murder of her son, with other acts of unsatiated spite and ambition. Therefore they had no reason to think the worse of persons for claiming the protection of a Queen, whose faults (if she was at all criminal) were unknown to them when they made use of her. Some have, since that time, concluded it a great evidence of her guilt, that, during her daughter's long and glorious reign, there was no full nor complete vindication of her published. For the writers of that time thought it enough to speak honourably of her ; and in general, to call her innocent : but none of them ever attempted a clear discussion of the particulars laid to her charge. This had been much to her daughter's honour ; and, therefore, since it was not done, others concluded it could not be done ; and that their knowledge of her guilt restrained their pens. But others do not at all allow of that inference, and think rather, that it was the great wisdom of that time not to suffer such things to be called in question ; 334 BURNET'S REFORMATION. since no wise government will admit of a debate about the clearness of the prince's title. For the very at- tempting to prove it, weakens it more than any of the proofs that are brought can confirm it; therefore it was prudently done of that Queen, and her great mi- nisters, never to suffer any vindication, or apology, to be written. Some indiscretions could not be denied, and these would all have been catched hold of, and improved by the busy emissaries of Rome and Spain. But nothing did more evidently discover the secret cause of this Queen's ruin, than the King's marrying Jane Seymour the day after her execution. She, of all King Henry's wives, gained most on his esteem and affection: but she was happy in one thing that she did not outlive his love; otherwise she might have fallen as signally as her predecessor had done. Upon this turn of affairs a great change of counsels followed. The Lady There was nothing now that kept the Emperor and deavours a tne King at a distance, but the illegitimation of the "oTw'lh Lady Mary; and if that matter had been adjusted, the her father. King was in no more hazard of trouble from him: therefore it was proposed, that she might be again re- stored to the King;'s favour. She found this was the O best opportunity she could ever look for, and therefore laid hold on it, and wrote an humble submission to the King, and desired again to be admitted to his pre- sence. But her submissions had some reserves in them; therefore she was pressed to be more express in her acknowledgments. At this she stuck long, and had almost embroiled herself ao;ain with her fa- O ther. She freely offered to submit to the laws of the land about the succession, and confessed the fault of her former obstinacy. But the King would have her acknowledge, that his marriage to her mother was in- cestuous and unlawful; and to renounce the Pope's authority, and to accept him as supreme head of the church of England. These things were of hard di- gestion with her, and she could not easily swallow them; so she wrote to Cromwell, to befriend her at the King's hands. Upon which many letters passed between them. He wrote to her, that it was impos- PART I, BOOK III. 335 sible to recover her father's favour, without a full and clear submission in all points. So in the end she yielded ; and sent the following paper, all written with her own hand, which is set down as it was copied from the original, yet extant. " The confession of me, the Lady Mary, made upon n i>. certain points and articles under-written; in the Terher which, as I do now plainly, and with all mine heart, " h ^ b d ; confess and declare my inward sentence, belief, and 0*0. c. judgment, with a due conformity of obedience to the laws of the realm ; so, minding for ever to persist and continue in this determination, without change, al- teration, or variance, I do most humbly beseech the King's Highness, my father, whom I have obsti- nately and inobediently offended in the denial of the same heretofore, to forgive mine offences therein, and to take me to his most gracious mercy. " First, I confess and knowledge the King's Ma- jesty to be my sovereign Lord and King, in the im- perial crown of this realm of England; and to submit myself to his Highness, and to all and singular laws and statutes of this realm, as becometh a true and faithful subject to do; which I shall also obey, keep, observe, advance, and maintain, according to my bounden duty, with all the power, force, and quali- ties, that God hath endued me with, during my life. " Item, I do recognize, accept, take, repute, and knowledge, the King's Highness to be supreme, head in earth undei* Christ of the church of England; and do utterly refuse the Bishop of Rome's pretended authority, power, and jurisdiction within this realm heretofore usurped, according to the laws and sta- tutes made in that behalf, and of all the King's true subjects humbly received, admitted, obeyed, kept, and observed; and also do utterly renounce and forsake all manner of remedy, interest, and advantage, which I may by any means claim by the Bishop of Rome's laws, process, jurisdiction, or sentence, at this present time, or in anywise hereafter, by any manner of title, colour, mean, or case, that is, shall, or can be devised for that purpose. "MARY. 336 BURNET'S REFORMATION. " Item, I do freely, frankly, and for the discharge of ray duty towards God, the King's Highness, and his laws, without other respect, recognize and know- ledge, that the marriage heretofore had between his Majesty, and my mother, the late Princess Dowager, was by God's law, and man's law, incestuous and unlawful. " MARY." she is re- Upon this she was a^ain received into favour. stored t ,1. r . TIIIIII i i /* his favour. One circumstance 1 shall add, that shews the fru- gality of that time. In the establishment tlrat was made for her family, there was only 40/. a quarter assigned for her privy-purse. I have seen a letter of her's to Cromwell, at the Christmas-quarter, desiring him to let the King know, that she must be at some extraordinary expense that season, that so he might increase her allowance, since the 40/. would not de- fray the charge of that quarter. The Lady For the Lady Elizabeth, though the King divested weinised her of the title of Princess of Wales, yet he continued King he and s ^ to breed her up in the court, with all the care Queen. an d tenderness of a father. And the new Queen, what from the sweetness of her disposition, and what out of compliance with the King, who loved her much, was as kind to her as if she had been her mo- ther. Of which I shall add one pretty evidence, though the childishness of it may be thought below the gravity of a history; yet by it the reader will see both the kindness that the King and Queen had for her, and that they allowed her to subscribe, daughter. There are two original letters of her's yet remaining, writ to the Queen when she was with child of King Edward : the one in Italian, the other in English ; both writ in a fair hand, the same that she wrote all the rest of her life. But the conceits in that writ in English are so pretty, that it will not be unacceptable to the reader to see this first blossom of so great a Princess, when she was not full four years of age ; she being bora in September 1533, and this writ in July 1537. PART I. BOOK III. 337 "Although your Highness' letters be most joyful Her utter to me in absence, yet considering what pain it is to Q U een you to write, your Grace being so great with child, ^ e r .^ s and so sickly, your commendation were enough infag e - my Lord's letter. I much rejoice at your health, with the well liking of the country ; with my humble thanks that your Grace wished me with you till I were weary of that country. Your Highness were like to be cumbered, if I should not depart till I were weary being with you; although it were in the worst soil in the world, your presence would make it plea- sant. I cannot reprove my Lord for not doing your commendations in his letter, for he did it; and al- though he had not, yet I will not complain of him, for that he shall be diligent to give me knowledge from time to time, how his busy child doth ; and if I were at his birth, no doubt I would see him beaten, for the trouble he has put you to. Mr. Denny and my Lady, with humble thanks prayeth most entirely for your Grace, praying the Almighty God to send you a most lucky deliverance. And my mistress wisheth no less, giving your Highness most humble thanks for her commendations. Writ with very little leisure, this last day of July. " Your humble daughter, " ELIZABETH." But to proceed to more serious matters. A par- A new par- liament was summoned to meet the 8th of June. IfcduU! full forty days be necessary for a summons, then the writs must have been issued forth the day before the late Queen's disgrace; so that it was designed before the justs at Greenwich, and did not flow from any thing that then appeared. When the parliament met, Journal the Lord Chancellor Audley, in his speech, told them, Pr " That when the former parliament was dissolved, the King had no thoughts of summoning a new one so soon. But for two reasons, he had now called them. The one was, that he, finding himself subject to so many infirmities, and considering that he was mortal, (a rare thought in a prince,) he desired to settle an VOL. i. z 338 BURNETS REFORMATION. apparent heir to the crown, in case he should die without children lawfully begotten. The other was, to repeal an act of the former parliament, concerning the succession of the crown to the issue of the King by Queen Anne Boleyn. He desired them to reflect on the great troubles and vexation the King was in- volved in by his first unlawful marriage, and the dangers he was in by his second; which might well have frighted any body from a third marriage. But Anne, and her conspirators, being put to death, as they well deserved ; the King, at the humble request of the nobility, and not out of any carnal concupi- scence, was pleased to marry again a Queen, by whom there were very probable hopes of his having chil- dren: therefore he recommended to them, to provide an heir to the crown by the King's direction, who, if the King died without children lawfully begotten, might rule over them. He desired they would pray God earnestly, that he would grant the King issue of his own body ; and return thanks to Almighty God, that preserved such a King to them out of so many imminent dangers, who employed all his care and endeavours, that he might keep his whole people in quiet, peace, and perfect charity, and leave them so to those that should succeed him." The act But though this was the chief cause of calling the parliament, it seems the ministers met with great dif- ficulties, and therefore spent much time in preparing men's minds. For the bill about the succession to the crown was not brought into the House of Lords before the 30th day of June, that the Lord Chancel- lor offered it to the House. It went through both Houses without any opposition. It contained first, " A repeal of the former act of succession, and a con- firmation of the two sentences of divorce, the issue of both the King's former marriages being declared ille- gitimate, and for ever excluded from claiming the in- heritance of the crown, as the King's lawful heirs by lineal descent. The attainder of Queen Anne and her complices is confirmed. Queen Anne is said to have been inflamed with pride, and carnal desires of cession. PART I. BOOK III. 339 her body; and having confederated herself with her complices, to have committed divers treasons, to the danger of the King's royal person ; with other aggra- vating words, for which she had justly suffered death, and is now attainted by act of parliament. And all things that had been said or done against her, or her daughter, being contrary to an act of parliament then in force, are pardoned ; and the inheritance of the crown is established on the issue of Queen Jane, whether male or female, or the King's issue by any other wife whom he might marry afterwards. " But since it was not fit to declare to whom the succession of the crown belonged after the King's death, lest the person, so designed, might be thereby enabled to raise trouble and commotions; therefore they, considering the King's wise and excellent go- vernment, and confiding in the love and affection which he bore to his subjects, did give him full power to declare the succession to the crown, either by his letters-patents under the great seal, or by his last will, signed with his hand; and promised all faithful obe- dience to the persons named by him. And if any, so designed to succeed in default of others, should endeavour to usurp upon those before them, or to ex- clude them, they are declared traitors, and were to forfeit all the right they might thereafter claim to the crown. And if any should maintain the lawfulness of the former marriages, or that the issue by them was legitimate, or refused to swear to the King's issue by Queen Jane, they were also declared traitors." By this act it may appear how absolutely this King reigned in England. Many questioned much the validity of it, and (as shall afterwards appear) the Scots said, that the succession to the crown was not within the parliament's power to determine about it, but must go by inheritance to their King, in default of issue by this King. Yet by this the King was enabled to settle the crown on his children, whom he had now declared illegitimate, by which he brought them more absolutely to depend upon him- self. He neither made them desperate, nor gave z 2 340 BURNET'S REFORMATION. them any further right than what they were to derive purely from his own good pleasure. This did also much pacify the Emperor, since his kinswoman was, though not restored in blood, yet put in a capacity to succeed to the crown. The Pope At this time there came a new proposition from dnfr Rome, to try if the King would accommodate matters wuh'ihe w i tn the Pope. Pope Clement the Seventh died two Kin s- years before this, in the year 1534, and Cardinal Far- nese succeeded him, called Pope Paul the Third. He had before this made one unsuccessful attempt upon the King; but, upon the beheading of the Bishop (and declared Cardinal) of Rochester, he had thun- dered a most terrible sentence of deposition against the King, and designed to commit the execution of it to the Emperor : yet now, when Queen Katherine and Queen Anne, who were the occasions of the rup- ture, were both out of the way, he thought it was a proper conjuncture to try if a reconciliation could be effected. This he proposed to Sir Gregory Cassali, who was no more the King's ambassador at Rome, but was still his correspondent there. The Pope desired he would move the King in it, and let him know that he had ever favoured hts cause in the for- mer Pope's time, and though he was forced to give out a sentence against him, yet he had never any in- tention to proceed upon it to further extremities. But in But the King was now so entirely alienated from vain * the court of Rome, that, to cut off all hopes of recon- ciliation, he procured two acts to be passed in this parliament. The one was for the utter extinguishing the authority of the Bishop of Rome. It was brought into the House of Lords on the 4th of July ; and was read the first time the 5th, and the second time on the 6th of July, and lay at the committee till the 12th. And on the 14th it was sent down to the Commons, who, if there be no mistake in the Journal, sent it up that same day : they certainly made great haste, for the parliament was dissolved within four days. " The preamble of this first act contains severe re- flections on the Bishop of Rome (whom some called PART I. BOOK III. 341 the Pope), who had long darkened God's word, that it might serve his pomp, glory, avarice, ambition, and tyranny ; both upon the souls, bodies, and goods of all Christians ; excluding Christ out of the rule of man's soul, and princes out of their dominions ; and had exacted in England great sums, by dreams, and vanities, and other superstitious ways. Upon these reasons, his usurpations had been by law put down in this nation ; yet many of his emissaries were still practising up and down the kingdom, and persuad- ing people to acknowledge his pretended authority. Therefore every person so offending after the last of July next to come, was to incur the pains of a pre- munire ; and aril officers, both civil and ecclesiastical, were commanded to make inquiry about such of- fences, under several penalties." On the 12th of July, a bill was brought in, con- cerning privileges obtained from the see of Rome, and was read the first time. And on the 17th it was agreed to, and sent down to the Commons, who sent it up again the next day. It bears, that the popes had, during their usurpation, " granted many immu- nities to several bodies and societies in England, which upon that grant had been now long in use : therefore all these bulls, breves, and every thing de- pending on, or flowing from them, were declared void and of no force. Yet all marriages celebrated by virtue of them, that were not otherwise contrary to the law of God, were declared good in law ; and all consecrations of bishops, by virtue of them, were confirmed. And for the future, all who enjoyed any privileges by bulls, were to bring them into the Chan- cery, or to such persons as the King should appoint for that end. And the Archbishop of Canterbury was lawfully to grant anew the effects contained in them, which grant was to pass under the great seal, and to be of full force in law." This struck at the abbots' rights. But they were glad to bear a diminution of their greatness, so they might save the whole, which now lay at stake. By the thirteenth act, they corrected an abuse which had 342 BURNET'S REFORMATION. come in to evade the force of a statute made in the twenty-first year of this king, about the residence of all ecclesiastical persons in their livings. One qua- lification that did excuse from residence, was their staying at the university for the completing of their studies. Now it was found that many dissolute cler- gymen went and lived at the universities, not for their studies, but to be excused from serving their cures. So it was enacted, that none above the age of forty, that were not either heads of houses, or pub- lic readers, should have any exemption from their residence, by virtue of that clause in the former act. And those under that age should not have the be- nefit of it, except they were present at the lectures, and performed their exercises in the schools. By another act, there was provision made against the prejudice the King's heirs might receive, before they were of age, by parliaments held in their non- age : that whatsoever acts were made before they were twenty- four years of age, they might, at any time of their lives after that, repeal and annul, by their letters-patents, which should have an equal force with a repeal by act of parliament. From these acts it appears, that the King was absolute master, both of the affections and fears of his subjects ; when, in a new parliament called on a sudden, and in a session of six weeks, from the 8th of June to the 18th of July, acts of this importance were passed without any pro- test or public opposition. The pro- But, having now opened the business of the par- the ^n- m liament, as it relates to the state, I must next give an ion. accoun t o f the convocation, which sat at this time, and was very busy, as appears by the Journals of the House of Lords ; in which this is given for a reason of many adjournments, because the spiritual lords were busy in the convocation. It sat down on the 9th of June, according to Fuller's extract; it being the custom of all this reign, for that court to meet two or three days after the parliament. Hither Cromwell came as the King's vicar-general ; but he was not yet vicegerent. For he sat next the Arch- vocati PART I. BOOK III. 343 bishop ; but when he had that dignity, he sat above him. Nor do I find him styled in any writing vice- gerent for some time after this; though the Lord Herbert says, he was made vicegerent the 18th of Jutythis year, the same day in which the parliament was dissolved.* Latimer, bishop of Worcester, preached the Latin sermon, on these words : " The children of this world are wiser in their generation than the children of light." He was the most celebrated preacher of that time. The simplicity and plainness of his matter, with a serious and fervent action that accompanied it, being preferred to more learned and elaborate composures. On the 21st of June, Cromwell moved, that they would confirm the sentence of the invalidity of the King's marriage with Queen Anne, which was accordingly done by both houses of Convocation. But certainly Fuller was asleep when he wrote, " That, ten days before that, the Archbishop had passed the sentence of divorce, on the day before the Queen was beheaded." Whereas, if he had consi- dered this more fully, he must have seen that the Queen was put to death a month before this, and was divorced two days before she died. Yet, with this animadversion, I must give him my thanks for his pains in copying out of the Journals of Convo- cation many remarkable things, which had been otherwise irrecoverably lost. On the 23d of June, the lower house of Convoca- tion sent to the upper house a collection of many opinions, that were then in the realm ; which, as they thought, were abuses, and errors, worthy of special reformation. But they began this representation with a protestation: "That they intended not to do, or speak, any thing which might be unpleasant to the King ; whom they acknowledged their supreme head, and were resolved to obey his commands, renouncing the Pope's usurped authority, with all his laws and * These titles, however, seem to have been used promiscuously. In Fuller's History of Cambridge, Cromwell ifl styled Vicegerent in the year 1535, and in a writ of summons, 1539 (in Dugdale), he is styled " Vicarut Generalit " See, however, Mr. Lewis's remarks referred to before, p. 293. 344 BURNET'S REFORMATION. inventions, now extinguished and abolished; and did addict themselves to Almighty God, and his laws, and unto the King, and the laws made within this kingdom ." There are sixty-seven opinions set down, and are either the tenets of the old Lollards, or the new re- formers, together with the Anabaptists' opinions. Be- sides all which, they complained of many unsavoury and indiscreet expressions, which were either feigned on design to disgrace the new preachers, or were per- haps the extravagant reflections of some illiterate and injudicious persons ; who are apt, upon all occasions, by their heat and folly, rather to prejudice than ad- vance their party ; and affect some petulant jeers, which they think witty, and are perhaps well enter- tained by some others, who, though they are more judicious themselves, yet, imagining that such jests on the contrary opinions will take with the people, do give them too much encouragement. Many of these jests, about confession, praying to saints, holy- water, and the other ceremonies of the church, were complained of. And the last articles contained sharp reflections on some of the bishops, as if they had been wanting in their duty to suppress such things. This was clearly levelled at Cranmer, Lati- mer, and Shaxton, who were noted as the great pro- moters of these opinions. The first did it prudently and solidly: the second zealously and simply; and the third with much indiscreet pride and vanity. But now that the Queen was gone, who had either raised or supported them, their enemies hoped to have advan- tages against them, and to lay the growth of these opi- nions to their charge. But this whole project failed, and Cranmer had as much of the King's favour as ever ; for instead of that which they had projected, Cromwell, by the King's order, coming to the con- vocation, declared to them, that it was the King's pleasure, that the rites and ceremonies of the church should be reformed by the rules of Scripture, and that nothing was to be maintained which did not rest on that authority ; for it was absurd, since that was ac- knowledged to contain the laws of religion, that re PART I. BOOK III. 345 course should rather be had to glosses, or the decrees of popes, than to these. There was at that time one Alexander Alesse, a Scotchman, much esteemed for his learning and piety, whom Cranmer entertained at Lambeth. Him Cromwell brought with him to the Convocation,* and desired him to deliver his opinion Antiq about the sacraments. He enlarged himself much to vte convince them, that only baptism and the Lord's sup- mer- per were instituted by Christ. Stokesley, bishop of London, answered him, in a long discourse, in which he shewed he was better ac- quainted with the learning of the schools, and the canon law, than with the gospel ; he was seconded by the Archbishop of York, and others of that party. But Cranmer, in a long and learned speech, shewed how useless these niceties of the schools were, and of how little authority they ought to be ; and discoursed largely of the authority of the Scriptures, of the use of the sacraments, of the uncertainty of tradition, and of the corruption which the monks and friars had brought into the Christian doctrine. He was vigo- rously seconded by the Bishop of Hereford, who told them, the world would be no longer deceived with such sophisticated stuff as the clergy had formerly vented : the laity were now in all nations studying the Scrip- tures, and that, not only in the vulgar translations, but in the original tongues ; and therefore it was a vain imagination to think they would be any longer go- verned by those arts which, in the former ages of ignorance, had been so effectual. Not many days after this, there were several articles brought in to the upper house of Convocation, devised by the King himself, about which there were great debates among them ; the two Archbishops heading two parties : Cranmer was for a reformation, and with him joined * An account of this conference was published by Alesse in Latin, and translated into English by Edm. Alen. He was sent for into England by the Lord Cromwell, sent to Cambridge, driven thence, withdrew to London, where he studied and practised physic for several years, met by chance with the Lord Cromwell, who took him with him to Westminster, where he found all the bishops gathered together ; unto whom they all rose up and did obedience, as to their vicar-general, and he sat him down in the highest place : then follows an account of the debate, and how the bishops were divided. He places this meeting in the year 1537. 346 BURNET'S REFORMATION. Thomas Goodrich, bishop of Ely ; Shaxton, of Sarum ; Latimer, of Worcester ; Fox, of Hereford ; Hilsey, of Rochester ; and Barlow, of St. David's. But Lee, archbishop of York, was a known favourer of the Pope's interests ; which, as it first appeared in his scrupling so much, with the whole convocation of York, the acknowledging the King to be the su- preme head of the church of England ; so he had since discovered it on all occasions, in which he durst do it without the fear of losing the King's favour : so he, and Stokesley, bishop of London ; Tonstal, of Duresme ; Gardiner, of Winchester ; Longland, of Lincoln; Sherburn, of Chichester; Nix, of Norwich; and Kite, of Carlisle : had been still against all changes. But the King discovered, that those did in their hearts love the papal authority, though Gar- diner dissembled it most artificially. Sherburn, bishop of Chichester, upon what inducement I cannot un- derstand, resigned his bishoprick, which was given to Richard Sampson, dean of the chapel ; a pension of 400/. being reserved to Sherburn for his life, which was confirmed by an act of this parliament. Nix, of Norwich, had also offended the King signally, by some correspondence with Rome, and was kept long in the Marshalsea, and was convicted and found in a prtfmunire : the King, considering his great age, had upon his humble submission discharged him out of prison, and pardoned him. But he died the for- mer year ; though Fuller, in his slight way, makes Act 1T . him sit in this convocation : for by the seventeenth 7 Regni. &c t o f t h e ] ast parliament, it appears that the bishop- rick of Norwich being vacant, the King had recom- mended William Abbot of St. Bennet's to it ; but took into his own hands all the lands and manors of the bishoprick, and gave the Bishop several of the priories in Norfolk in exchange, which was con- firmed in parliament. I shall next give a short abstract of the articles about religion, which were, after much consultation and long debating, agreed to. " First, All bishops and preachers must instruct PART I. BOOK III. 347 the people to believe the whole Bible and the three Articles creeds ; that made by the apostles, the Nicene, and ^ut the Athanasian ; and interpret all things accord in g pH^ed by to them, and in the very same words, and condemn FuUer - all heresies contrary to them, particularly those con- demned by the first four general councils. " Secondly, Of baptism : the people must be in- structed, that it is a sacrament instituted by Christ, for the remission of sins, without which none could attain everlasting life : and that, not only those of full age, but infants may and must be baptized, for the pardon of original sin, and obtaining the gift of the Holy Ghost, by which they become the sons of God. That none baptized ought to be baptized again. That the opinions of the Anabaptists and Pelagians were detestable heresies : and that those of ripe age, who desired baptism, must with it join repentance and con- trition for their sins, with a firm belief of the articles of the faith. " Thirdly, Concerning penance : they were to in- struct the people, that it was instituted by Christ, and was absolutely necessary to salvation. That it con- sisted of contrition, confession, and amendment of life; with exterior works of charity, which were the worthy fruits of penance. For contrition, it was an inward shame and sorrow for sin, because it is an offence of God, which provokes his displeasure. To this must be joined, a faith of the mercy and goodness of God, whereby the penitent must hope, that God will forgive him, and repute him justified, and of the number of his elect children, not for the wor- thiness of any merit or work done by him, but for the only merits of the blood and passion of our Sa- viour Jesus Christ. That this faith is got and con- firmed by the application of the promises of the gos- pel, and the use of the sacraments : and for that end, confession to a priest is necessary, if it may be had, whose absolution was instituted by Christ, to apply the promises of God's grace to the penitent : there- fore the people were to be taught, that the absolution is spoken by an authority given by Christ in the gos- 348 BURNET'S REFORMATION. pel to the priest, and must be believed, as if it were spoken by God himself, according to our Saviour's words ; and therefore none were to condemn auricular confession, but use it for the comfort of their con- sciences. The people were also to be instructed, that though God pardoned sin, only for the satisfaction of Christ, yet they must bring forth the fruits of pe- nance, prayer, fasting, almsdeeds, with restitution and satisfaction for wrongs done to others, with other works of mercy and charity, and obedience to God's commandments, else they could not be saved ; and that by doing these, they should both obtain ever- lasting life, and mitigation of their afflictions in this present life, according to the Scriptures. " Fourthly, As touching the sacrament of the altar, people were to be instructed, that under the forms of bread and wine, there was truly and substantially given the very same body of Christ that was born of the Virgin Mary ; and therefore it was to be received with all reverence, every one duly examining himself, according to the words of St. Paul. " Fifthly, The people were to be instructed, that justification signifieth remission of sins, and accepta- tion into the favour of God ; that is to say, a perfect renovation in Christ. To the attaining which, they were to have contrition, faith, charity, which were both to concur in it, and follow it ; and that the good works necessary to salvation, were not only outward civil works, but the inward motions and graces of God's Holy Spirit, to dread, fear, and love him, to have firm confidence in God, to call upon him, and to have patience in all adversities, to hate sin, and have purposes and wills not to sin again ; with such other motions and virtues, consenting and agreeable to the law of God. " The other articles were about the ceremonies of the church. First, of images. The people were to be instructed, that the use of them was warranted by the Scriptures, and that they served to represent to them good examples, and to stir up devotion ; and therefore it was meet that they should stand in the PART I. BOOK II. 349 churches. But, that the people might not fall into such superstition as it was thought they had done in time past, they were to be taught to reform such abuses, lest idolatry might ensue ; and that in censing, kneel- ing, offering, or worshipping them, the people were to be instructed, not to do it to the image, but to God and his honour. "Secondly, For the honouring of saints: they were not to think to attain these things at their hands, which were only obtained of God ; but that they were to honour them as persons now in glory, to praise God for them, and imitate their virtues, and not fear to die for the truth, as many of them had done. " Thirdly, For praying to saints : the people were to be taught, that it was good to pray to them, to pray for and with us. And to correct all superstitious abuses in this matter, they were to keep the days ap- pointed by the church for their memories, unless the King should lessen the number of them, which if he did, it was to be obeyed. " Fourthly, Of Ceremonies. The people were to be taught, that they were not to be condemned and cast away, but to be kept as good and laudable, hav- ing mystical significations in them, and being useful to lift up our minds to God. Such were the vestments in the worship of God : the sprinkling holy water, to put us in mind of our baptism and the blood of Christ; giving holy bread, in sign of our union in Christ, and to remember us of the sacrament ; bearing candles on Candlemas-day, in remembrance that Christ was the spiritual light ; giving ashes on Ash-Wednesday, to put us in mind of penance, and of our mortality; bearing palms on Palm-Sunday, to shew our desire to receive Christ in our hearts, as he entered into Jerusalem ; creeping to the cross on Good-Friday, and kissing it, in memory of his death, with the set- ting up the sepulchre on that day ; the hallowing the font, and other exorcisms and benedictions. " And lastly, As to purgatory, they were to declare it good and charitable to pray for the souls departed, which was said to have continued in the church from 350 BURNET'S REFORMATION. the beginning; : and therefore the people were to be instructed, that it consisted well with the due order of charity, to pray for them, and to make others pray for them, in masses and exequies, and to give alms to them for that end. But since the place they were in, and the pains they suffered, were uncertain by the Scripture, we ought to remit them wholly to God's mercy : therefore all these abuses were to be put away, which, under the pretence of purgatory, had been advanced, as if the Pope's pardons did deliver souls out of it, or masses said in certain places, or before certain images, had such efficiency : with other such- like abuses."* These articles being thus conceived, and in several places corrected, and tempered by the King's own hand, were signed by Cromwell, and the Archbishop of Canterbury, and seventeen other bishops, forty abbots and priors, and fifty archdeacons and proctors of the lower house of Convocation. Among whom, Polydore Virgil and Peter Vannes signed with the rest, published as appears by the original, yet extant. They being king's au- tendered to the King, he confirmed them, and ordered thoiity. them to be published, with a preface, in his name. " It is said in the preface, that he, accounting it the chief part of his charge, that the word and command- ments of God should be believed and observed, and to maintain unity and concord in opinion ; and un- derstanding, to his great regret, that there was great diversity of opinion arisen among his subjects, both about articles of faith and ceremonies, had, in his own person, taken great pains and study about these things, and had ordered also the bishops, and other learned men of the clergy, to examine them ; who, after * See Addenda to this vol. and the articles themselves in vol. iii. Addenda to vol. i. part ii. No. I. with the subscriptions annexed. In Strype's Ecclesiastical Memorials, vol. i. p. 588. Oxford Edit. 1822, these articles are referred to by mistake, as the Institution of a Christian Man ; which did not appear till the fol- lowing year, and which was certainly not reprinted by Burnet, as Strype says, if he ever saw it, which is judged by some to be very doubtful. See Laurence's Bampton Lectures, 190. The Christian Institution may be seen in Collier, vol. ii. p. 139. and all the three Formularies of Faith put forth by authority during the reign of Henry VIII. viz. The Articles of 1 536 ; the Institution of a Christian Man, 1537 ; and the Necessary Doctrine and Erudition for any Christian Man, 1543 ; in avaluable publication by Bishop Lloyd, Oxford, 1825, the Institution was turned into Latin verse for the use of St Paul's school, by Erasmus. N. PART I. BOOK III. 351 long deliberation, had concluded on the most special points, which the King thought proceeded from a good, right, and true judgment, according to the laws of God ; these would also be profitable, for establish- ing unity in the church of England : therefore he had ordered them to be published, requiring all to accept of them, praying God so to illuminate their hearts, that they might have no less zeal and love to unity and concord, in reading them, than he had in making them to be devised, set forth, and published ; which good acceptance should encourage him to take fur- ther pains for the future, as should be most for the honour of God, and the profit and the quietness of his subjects." This being published, occasioned great variety of censures. Those that desired reformation, were glad s to see so great a step once made ; and did not doubt, but this would make way for further changes. They rejoiced to see the Scriptures and the ancient creeds made the standards of the faith, without mentioning tradition or the decrees of the church. Then the foundation of Christian faith was truly stated, and the terms of the covenant between God and man in Christ were rightly opened, without the niceties of the schools of either side. Immediate worship of images and saints was also removed, and purgatory was declared uncertain by the Scripture. These were great advantages to them ; but the establishing the necessity of auricular confession, the corporal pre- sence in the sacrament, the keeping up and doing reverence to images, and the praying to saints, did allay their joy ; yet they still counted it a victory, to have things brought under debate, and to have some grosser abuses taken away. The other party were unspeakably troubled. Four sacraments were passed over, which would encourage ill-affected people to neglect them. The gainful trade by the belief of purgatory was put down ; for, though it was said to be good to give alms for pray- ing for the dead, yet, since both the dreadful stories of the miseries of purgatory, and the certainty of re- 352 BURNET'S REFORMATION. deeming souls out of them by masses, were made doubtful, the people's charity and bounty that way would soon abate. And, in a word, the bringing mat- ters under dispute was a great mortification to them ; for all concluded, that this was but a preamble to what they might expect afterwards. When these things were seen beyond sea, the papal party made every where great use of it, to shew the necessity of adhering to the Pope ; since the King of England, though, w T hen he broke off from his obe- dience to the apostolic see, he pretended he would maintain the catholic faith entire, yet was now making great changes in it. But others, that were more mo- derate, acknowledged that there was great temper and prudence in contriving these articles. And it seems the Emperor, and the more learned divines about him, both approved of the precedent, and liked the particulars so well, that not many years after, the Emperor published a work not unlike this, called The Interim ; because it was to be in force in that interim, till all things were more fully debated and determined by a general council, which, in many par- ticulars, agreed with these articles. Yet some stricter persons censured this work much, as being a poli- tical daubing ; in which, they said, there was more pains taken to gratify persons, and serve particular ends, than to assert truth in a free and unbiassed way, such as became divines. This was again ex- cused ; and it was said, that all things could not be attained on a sudden : that some of the bishops and divines, who afterwards arrived at a clearer under- standing of some matters, were not then so fully con- vinced about them ; and so it was their ignorance, and not their cowardice or policy, that made them compliant in some things. Besides, it was said, that as our Saviour did not reveal all things to his dis- ciples, till they were able to bear them ; and as the apostles did not of a sudden abolish all the rites of Judaism, but for some time, to gain the Jews, com- plied with them, and went to the temple, and offered sacrifices ; so the people were not to be overdriven PART I. BOOK III. 353 in this change. The clergy must be brought out of their ignorance by degrees, and then the people were to be better instructed ; but to drive furiously, and do all at once, might have spoiled the whole design, and totally alienated those who were to be drawn on by degrees ; it might have also much endangered the peace of the nation, the people being much dis- posed by the practices of the friars to rise in arms : therefore, these slow steps were thought the surer and better method. On the last day of the convocation, there was an- The . other writing brought in by Fox, bishop of Hereford, d^iar occasioned by the summons for a general council to ^ n n c *| sit at Mantua, to which the Pope had cited the King called fa y to appear. The King had made his appeal from the Pope to a general council, but there was no reason to expect any justice in an assembly so constituted as this was like to be. Therefore it was thought fit to publish somewhat of the reasons why the King could not submit his matter to the decision of such a coun- cil, as was then intended. And it was moved, that the convocation should give their sense of it. The substance of their answer (which the reader collect. will find in the Collection) was, " That as nothing Namb ' 5 ' was better instituted by the ancient fathers, for the establishment of the faith, the extirpation of heresies, the healing of schisms, and the unity of the Christian church, than general councils, gathered in the Holy Ghost, duly called to an indifferent place, with other necessary requisites; so, on the other hand, nothing could produce more pestiferous effects than a general council called upon private malice, or ambition, or other carnal respects; which Gregory Nazianzen so well observed in his time, that he thought ' all as- semblies of bishops were to be eschewed, for he never saw good come of any of them, and they had in- creased rather than healed the distempers of the church. For the appetite of vain-glory, and a con- tentious humour, bore down reason:' therefore they thought Christian princes ought to employ all their endeavours to prevent so great a mischief. And it VOL. i. 2 A 354 BURNET'S REFORMATION. was to be considered, first, Who had authority to call one. Secondly, If the reasons for calling one were more weighty. Thirdly, Who should be the judges. Fourthly, What should be the manner of proceeding. Fifthly, What things should be treated of in it. And, as to the first of these, they thought neither the Pope, nor any one prince, of what dignity soever, had au- thority to call one, without the consent of all other Christian princes : especially such as had entire and supreme government over all their subjects." This was signed on the 20th of July, by Cromwell, and the Archbishop of Canterbury, with fourteen bishops, and forty abbots, priors, and clerks, of the convoca- tion of Canterbury. Whether this and the former articles were also signed by the convocation of the province of York, does not appear by any record ; The King but that I think is not to be doubted. This being berets" obtained, the King published a long and sharp pro- testation against the council now summoned to Man- tua. In which he shews, that the Pope had no power FOX. to call one ; " For, as it was done by the emperors of old; so it pertained to Christian princes now. That the Pope had no jurisdiction in England, and so could summon none of this nation to come to any such meeting. That the place was neither safe nor proper. That nothing could be done in a council to any pur- pose, if the Pope sat judge in chief in it; since one of the true ends, why a council was to be desired, was to reduce his power within its old limits. A free general council was that which he much desired; but he was sure this could not be such ; and the pre- sent distractions of Christendom, and the wars be- tween the Emperor and the French King, shewed this was no proper time for one. The Pope, who had long refused or delayed to call one, did now choose this conjuncture of affairs, knowing that few would come to it, and so they might carry things as they pleased. But the world was now awake ; the Scrip- tures were again in men's hands, and people would not be so tamely cozened as they had been. Then he shews, how unsafe it was for any Englishman to PART I. BOOK III. 355 go to Mantua, how little regard was to be had to the Pope's safe-conduct, they having so oft broken their oaths and promises. He also shews, how little reason he had to trust himself to the Pope, how kind he had been to that see formerly, and how basely they had requited it: and that now, these three years past, they had been stirring up all Christian princes against him, and using all possible means to create him trouble : therefore he declared, he would not go to any council called by the Bishop of Rome; but when there was a general peace among Christian princes, he would most gladly hearken to the motion of a true general council: and, in the mean while, he would preserve all the articles of the faith in his kingdom, and sooner lose his life and his crown, than suffer any of them to be put down. And so he protested against any council to be held at Mantua, or any where else, by the Bishop of Rome's authority: that he would not acknowledge it, nor receive any of their decrees." At this time, Reginald Pole, who was of the royal cardinal blood, being by his mother descended from the Duke *** of Clarence, brother to King Edward IV. and in the ^M same degree of kindred with the King by his father's side, was in great esteem for his learning, and other excellent virtues. It seems, the King had determined to breed him up to the greatest dignity in the church; and to make him as eminent in learning, and other acquired parts, as he was for quality, and a natural sweetness and nobleness of temper. Therefore, the King had given him the deanery of Exeter, with se- veral other dignities, towards his maintenance beyond sea; and sent him to Paris, where he stayed several years: there he first incurred the king's displeasure. For, being desired by him to concur with his agents in procuring the subscriptions and seals of the French universities, he excused himself; yet it was in such terms, that he did not openly declare himself against the King: after that, he came over to England, and as he writes himself, was present when the clergy made their submission, and acknowledged the King supreme head. In which, since he was then dean 2 A 2 King's pro- ngs. 356 BURNET'S REFORMATION. of Exeter, and kept his deanery several years after that, it is not to be doubted, but that, as he was by his place obliged to sit in the convocation, so he con- curred with the rest in making that submission. From thence he went to Padua, where he lived long, and was received into the friendship and society of some celebrated persons, who gave themselves much to the study of eloquence, and of the Roman au- thors. These were Centareno, Bembo Caraflfa, Sa- doletti, with a great many more, that became after- wards well known over the world : but all those gave Pole the pre-eminence, and that justly too, for he was accounted one of the most eloquent men of his time. The King called him oft home to assist him in his affairs, but he still declined it; at length, finding de- lays could prevail no longer, he wrote the King word that he did not approve of what he had done, nei- ther in the matter of divorce, nor his separation from the apostolic see. To this the King answered, de- siring his reasons why he disagreed from him, and sent him over a book which Dr. Sampson had writ in And writes defence of the proceedings in England. Upon which, agahTst'' ne wrote his book De Unitate Ecclesiastica, and sent him - it over to the King ; and soon after printed it in this year. In which book he condemned the King's ac- tions, and pressed him to return to the obedience he owed the see of Rome, with many sharp reflections; but the book was more considered for the author, and the wit and eloquence of it, than for any great learn- ing or deep reasoning in it. He did also very much depress the royal, and exalt the papal authority : he compared the King to Nebuchadonosor, and ad- dressed himself in the conclusion to the Emperor; whom he conjured to turn his arms rather against the King than the Turk. And, indeed, the indecencies of his expressions against the King, not to mention the scurrilous language he bestows on Sampson, whose book he undertakes to answer, are such, that it appears how much the Italian air had changed him ; and that his converse at Padua had, for some time, PART I. BOOK III. 857 defaced that generous temper of mind, which was otherwise so natural to him. Upon this, the King desired him at first to come over, and explain some passages in his book : but when he could not thus draw him into his toils, he proceeded severely against him, and divested him of all his dignities; but these were plentifully made up to him by the Pope's bounty, and the Emperor's. He was afterwards rewarded with a cardinal's hat, but he d id not rise above the d egree of a deacon . Some be- lieve that the spring of this opposition he made to the King was a secret affection he had for the Lady Mary. The publishing of this book made the King set the bishops on work to write vindications of his actions : Many which Stokesley and Tonstal did, in a long and learned ^eiffor letter that they wrote to Pole. And Gardiner published the Ca- lais book of True Obedience : to which Bonner, who was hot on the scent of preferment, added a preface. But the King designed sharper tools for Pole's punish- ment: yet an attainder in absence was all he could do against himself. But his family and kindred felt the weight of the King's displeasure very sensibly. But now I must give an account of the dissolution of the monasteries, pursuant to the act of parliament, though I cannot fix the exact time in which it was o done. I have seen the original instructions, with the commission given to those who were to visit the mo- nasteries in and about Bristol. All the rest were of the same kind : they bear date the 2Nth of April, after the session of parliament was over; and the report was to be made in the octaves of St. Michael the archangel. But I am inclined to think that the great concussion and disorder things were in by the Queen's death, made the commissioners unwilling to proceed in so invidious a matter, till they saw the issue of the new parliament. Therefore I have delayed giving any account of the proceedings in that matter till this place. The instructions will be found in the Collec- tion. The substance of them was as follows : " The auditors of the court of Augmentations were ceiiect. the persons that were employed. Four, or any three Nomb - 6 - 358 BURNET'S REFORMATION. instruc- of them, were commissioned to execute the instruc- the dissou. tions in every particular visitation. One auditor, or SwiT' rece iver, and one of the clerks of the former visitation, were to call for three discreet persons in the county, who were also named by the King. They were to signify to every house the statute of dissolution, and shew them their commission. Then they were to put the governor, or any other officer of the house, to de- clare upon oath the true state of it: and to require him speedily to appear before the court of Augmen- tations: and, in the mean time, not to meddle with any thing belonging to the house. Then to examine how many religious persons were in the house, and what lives they led; how many of them were priests, how many of them would go to other religious houses, and how many of them would take capacities and go into the world. They were to estimate the state and fabric of the house, and the number of the servants they kept : and to call for the covent-seal, and writ- ings, and put them in some sure place, and take an inventory of all their plate, and their moveable goods, and to know the value of all that, before the 1st of March last, belonged to the house, and what debts they owed. They were to put the covent-seal, with the jewels and plate, in safe keeping, and to leave the rest (an inventory being first taken) in the governors' hands, to be kept by them till further order. And the governors were to meddle with none of the rents of the house, except for necessary sustenance, till they were another way disposed of. They were to try what leases and deeds had been made for a whole year before the 4th of February last. Such as would still live in monasteries were to be recommended to some of the great monasteries that lay next: and such as would live in the world, must come to th Archbi- shop of Canterbury, or the Lord Chancellor, to receive capacities." (From which it appears, that Cromwell was not at this time lord vicegerent, for he granted these capacities when he was in that power.) "And the commissioners were to give them a reasonable allowance for their journey, according to the distance PART I. BOOK III. 359 they lived at. The governor was to be sent to the court of Augmentations, who were to assign him a yearly pension for his life." What report those commissioners made, or how they obeyed their instructions, we know not ; for the account of it is razed out of the Records. The writ- ers that lived near that time represent the matter very odiously, and say about ten thousand persons were set to seek for their livings ; only forty shillings in money, and a gown, being given to every religious man. The rents of them all rose to about thirty-two thousand pounds : and the goods, plate, jewels, and other moveables, were valued at a hundred thousand pounds : and it is generally said, and not improbably, that the commissioners were as careful to enrich themselves, as to increase the King's revenue. The churches and cloisters were for the most part pulled down; and the lead, bells, and other materials were sold; and this must needs have raised great discon- tents every where. The religious persons that were undone,went about Great dis complaining of the sacrilege and injustice of this sup- a^glj pression; that what the piety of their ancestors had ^ le t f dedicated to God and his saints was now invaded and converted to secular ends. They said, the King's seve- rity fell first upon some particular persons of their or- ders, who were found delinquents; but now, upon the pretended miscarriages of some individual persons, to proceed against their houses, and suppress them, was an unheard-of practice. The nobility and gentry, whose ancestors had founded orenriched these houses, and who provided for their younger children, or im- poverished friends, by putting them into these sanctu- aries, complained much of the prejudice they sustained by it. The people, that had been well entertained at the abbots' tables, were sensible of their loss : for ge- nerally, as they travelled over the country, the abbeys were their stages, and were houses of reception to tra- vellers and strangers. The devouter sort of people of their persuasion thought their friends must now lie in purgatory without relief, except they were at the 300 BURNET'S REFORMATION. charge to keep a priest, who should daily say mass for their souls. The poor that fed on their daily alms were deprived of that supply. dea- But to compose these discontents, first, many books Tto"* were published, to shew what crimes, cheats, and im- iet these. p OS t U res, those religious persons were guilty of. Yet that wrought not much on the people; for they said, why were not these abuses severely punished and reformed ? But must whole houses, and the succeed- ing generations, be punished for the faults of a few? Most of these reports were also denied, and even those who before envied the ease and plenty in which the abbots and monks lived, began now to pity them, and condemned the proceedings against them. But to allay this general discontent, Cromwell advised the King to sell their lands at very easy rates to the gentry in the several counties, obliging them, since they had them upon such terms, to keep up the wonted hospitality. This drew in the gentry apace both to be satisfied with what was done, and to as- sist the crown for ever in the defence of these laws , their own interest being so interwoven with the rights of the crown. The commoner sort, who, like those of old that followed Christ for the loaves, were most concerned for the loss of a good dinner on a holy-day, or when they went over the country about their bu- siness, were now also in a great measure satisfied, when they heard that all to whom these lands were given, were obliged under heavy forfeitures to keep up the hospitality; and when they saw that put in practice, their discontent, which lay chiefly in their stomach, was appeased. And to quiet other people, who could not be satis- fied with such things, the King made use of a clause in the act that gave him the lesser monasteries, which empowered him to continue such as he should think fit. Therefore on the 17th of August, he by his let- ters-patents, did of new give back in perpetuam elee- mosynam for perpetual alms, five abbeys. The first of these was the abbey of St. Mary of Betlesden of the Cistercian order in Buckinghamshire. Ten more Numb. 3 Sect. 2. PART I. BOOK III. 361 were afterwards confirmed. Sixteen nunneries were also confirmed : in all thirty-one houses. The patents (in most of which some manors are excepted, that had been otherwise disposed of), are all enrolled, and yet none of our writers have taken any notice of this. It seems these houses had been more regular than the rest : so that in a general calamity they were rather reprieved than excepted : for two years after this, in the suppression of the rest of the monasteries, they /ell under the common fate of other houses. By these new endowments, they were obliged to pay tenths and first-fruits, and to obey all the statutes and rules that should be sent to them from the King, as supreme head of the church. But it is not unlike, that some presents, to the commissioners, or to Crom- well, made these houses outlive this ruin : for I find great trading in bribes at this time, which is not to be wondered at, when there was so much to be shared. But great disorders followed upon the dissolution Ye of the other houses. People were still generally dis- fncun contented. The suppression of religious houses oc- rebel casioned much outcrying, and the articles then lately published about religion increased the distaste they had conceived at the government. The old clergy were also very watchful to improve all opportunities, and to blow upon every spark. And the Pope's power of deposing kings had been for almost five hundred years received as an article of faith. The same council that established transubstantiation, had as- serted it : and there were many precedents, not only in Germany, France, Spain, and Italy, but also in England, of kings that were deposed by popes, whose dominions were given to other princes. This had begun in the eighth century, in two famous depri- vations. The one in France, of Childeric the Third, who was deprived, and the crown given to Pepin ; and, about the same time, those dominions in Italy, which were under the eastern emperors, renounced their allegiance to them. In both these the popes had a great hand ; yet they rather confirmed and ap- proved of those treasonable mutations, than gave the 362 BURNET'S REFORMATION. first rise to them. But after Pope Gregory the Seventh's time, it was clearly assumed as a right and prerogative of the papal crown to depose princes, and absolve subjects from the oaths of allegiance, and set up others in their stead. And all those emperors or kings, that contested any thing with popes, sat very uneasy and unsafe in their thrones ever after that But if they were tractable to the demands of the court X)f Rome, then they might oppress their sub- jects, and govern as unjustly as they pleased ; for they had a mighty support from that court. This made princes more easily bear the popes' usurpations, because they were assisted by them in all their other proceedings. And the friars having the consciences of people generally in their hands, as they had the word given by their general at Rome, so they dis- posed people either to be obedient or seditious, as they pleased. Now, not only their own interests, mixed with their zeal for the ancient religion, but the Pope's authority, gave them as good a warrant to incline the people to rebel, as any had in former times, of whom some were canonized for the like practices. For in August the former year, the Pope had summoned the King to appear within ninety days, and to answer for putting away his Queen, and taking another wife ; and for the laws he had made against the church, and putting the Bishop of Rochester and others to death for not obeying these laws : and if he did not reform these faults, or did not appear to answer for them, the Pope excommunicated him, and all that favoured him; deprived the King, put the kingdom under an interdict, forbade all his subjects to obey, and other states to hold commerce with him ; dissolved all his leagues with foreign princes, commanded all the clergy to depart out of England, and his nobility to rise in arms against him. But now, the force of those thunders, which had formerly produced great earth- quakes and commotions, was much abated ; yet some storms were raised by this, though not so violent as had been in former times. PART I. BOOK III. 363 The people were quiet till they had reaped their King's i A i .1 I A.' i injunctions harvest. And though some injunctions were pub- about - lished a little before, to help it the better forward, IW80 - most of the holy-days in harvest being abolished by the King's authority, yet that rather inflamed them the more. Other injunctions were published in the King's name by Cromwell his vicegerent, which was the first act of pure supremacy done by the King. For in all that went before, he had the concurrence of the two convocations. But these, it is like, were penned by Cranmer. The reader is referred to the collect. Collection of Papers for them, as I transcribed them N< out of the Register. " The substance of them was, that, first, all eccle- siastical incumbents were for a quarter of a year after that, once every Sunday, and ever after that, twice every quarter, to publish to the people, that the Bi- shop of Rome's usurped power, had no ground in the law of God ; and therefore was on good reasons abolished in this kingdom : and that the King's power was by the law of God supreme over all per- sons in his dominions. And they were to do their uttermost endeavour, to extirpate the Pope's authority, and to establish the King's. " Secondly, They were to declare the articles lately published, and agreed to, by the convocation : and to make the people know which of them were articles of faith, and which of them rules for the decent and politic order of the church. " Thirdly, They were to declare the articles lately set forth, for the abrogation of some superfluous holy- days, particularly in harvest-time. " Fourthly, They were no more to extol images or relics for superstition or gain ; nor exhort people to make pilgrimages, as if blessings and good things were to be obtained of this or that saint or image. But instead of that, the people were to be instructed to apply themselves to the keeping of God's command- ments, and doing works of charity ; and to believe that God was better served by them, when they stayed at home and provided for their families, than when 364 BURNET'S REFORMATION. they went pilgrimages ; and that the monies laid out on these were better given to the poor. " Fifthly, They were to exhort the people to teach their children the Lord's Prayer, the Creed, and the Ten Commandments, in English : and every incum- bent was to explain these, one article a day, till the people were instructed in them. And to take great care, that all children were bred up to some trade or way of living. " Sixthly, They must take care that the sacraments and sacramentals be reverently administered in their parishes ; from which when at any time they were absent, they were to commit the cure to a learned and expert curate, who might instruct the people in wholesome doctrine : that they might all see that their pastors did not pursue their own profits or in- terests so much as the glory of God, and the good of their souls under their cure. " * Seventhly, They should not, except on urgent occasion, go to taverns or ale-houses : nor sit too long at any sort of games after their meals : but give themselves to the study of the Scripture, or some other honest exercise ; and remember that they must excel others in purity of life, and be examples to all others to live well and Christianly. " Eighthly, Because the goods of the church were the goods of the poor, every beneficed person that had twenty pounds or above, and did not reside, was yearly to distribute the fortieth part of his benefice to the poor of the parish. " Ninthly, Every incumbent that had a hundred pounds a-year, must give an exhibition for one scholar at some grammar-school, or university ; who, after he had completed his studies, was to be partner of the cure and charge, both in preaching and other duties : and so many hundred pounds as any had, so many students he was to breed up. "Tenthly, Where parsonage or vicarage-houses * The seventh article is wholly omitted, for providing a Bible in Latin and English, and laying it in the quire. See Collection of Records, No. 7. Vol. I. Part II. Book III. PART I. BOOK III. 365 were in great decay, the incumbent was every year to give a fifth part of his profits to the repairing of them, till they were finished ; and then to maintain them in the state they were in. " Eleventhly, All these injunctions were to be ob- served, under pain of suspension and sequestration of the mean profits till they were observed." These were equally ungrateful to the corrupt clergy, which and to the laity that adhered to the old doctrine. e u The very same opinions, about pilgrimages, images, and saints departed, and instructing the people in the principles of Christian religion in the vulgar tongue, for which the Lollards were, not long ago, either burnt or forced to abjure them, were now set up by the King's authority. From whence they con- cluded, that whatsoever the King said of his main- taining the old doctrine, yet he was now changing it. The clergy also were much troubled at this pre- cedent, of the King's giving such injunctions to them, without the consent of the convocation : from which they concluded, they were now to be slaves to the lord vicegerent. The matter of these injunctions was also very uneasy to them. The great profits they made by their images and relics, and the pilgrimages to them, were now taken away : and yet severe im- positions and heavy taxes were laid on them ; a fifth part for repairs, a tenth at least for an exhibitioner and a fortieth for charity, which were cried out on as intolerable burthens. Their labour was also in- creased, and they were bound up to many severities of life : all these things touched the secular clergy to the quick, and made them concur with the regular clergy in disposing the people to rebel. This was secretly fomented by the great abbots. For though they were not yet struck at, yet the way was prepared to it ; and their houses were oppressed with crowds of those who were sent to them from the suppressed houses. There were some pains taken to remove their fears. For a letter was sent to them all in the King's name, to silence the reports that were spread abroad, as if all monasteries were to be Their de- mauds. 366 BURNET'S REFORMATION. quite suppressed. This they were required not to believe, but to serve God according to their order, to obey the King's injunctions, to keep hospitality, and to make no wastes nor dilapidations. Yet this gave them small comfort ; and, as all such things do, rather increased than quieted their jealousies and fears. So many secret causes concurring, no wonder the people fell into mutinous and seditious practices. .A wwiion The first rising was in Lincolnshire in the begin- sh,re" c n ning of October ; where a churchman, disguised into a cobler, and directed by a monk, drew a great body of men after him. About twenty thousand were ga- thered together. They swore to be true to God, the King, and the commonwealth, and digested their grievances into a few articles, which they sent to the King, desiring a redress of them. "They complained of some things that related to secular concerns, and some acts of parliament that were uneasy to them : they also complained of the suppression of so many religious houses : that the King had mean persons in high places about him, who were ill counsellors : they also complained of some bishops who had subverted the faith : and they apprehended the jewels and plate of their churches should be taken away. Therefore they desired the King would call to him the nobility of the realm, and by their advice redress their grievances : concluding with an acknowledgment of the King's being their supreme head, and that the tenths and first-fruits of all livings belonged to him of right." n. e King's When the King heard of this insurrection, he pre- sently sent the Duke of Suffolk with a commission to raise forces for dispersing them : but with him he sent an answer to their petition. He began with that about his counsellors, and said, " It was never before heard of that the rabble presumed to dictate to their Prince what counsellors he should choose. That was the Prince's work, and not their's. The suppression of religious houses was done pursuant to an act of parliament, and was not set forth by any of his counsellors. The heads of these religious PART I. BOOK III. 3G7 houses had under their own hands confessed those horrid scandals which made them a reproach to the nation ; and in many houses there were not above four or five religious persons. So it seemed they were better pleased that such dissolute persons should consume their rents in riotous and idle living, than that their Prince should have them for the common good of the whole kingdom. He also answered their other demands in the same high and commanding strain ; and required them to submit themselves to his mercy, and to deliver their captains and lieute- nants into the hands of his lieutenants ; and to dis- perse, and carry themselves as became good and obedient subjects, and to put a hundred of their number into the hands of his lieutenants, to be or- dered as they had deserved." When this answer was brought to them, it raised their spirits higher. The practising clergymen con- tinued to inflame them ; they persuaded them that the Christian religion would be very soon effaced, and taken away quite, if they did not vigorously de- fend it; that it would come to that, that no man should marry a wife, receive any of the sacraments, nor eat a piece of roast meat, but he should pay for it ; that it were better to live under the Turk than under such oppression. Therefore, there was no cause in which they could with more honour and a better conscience hazard their lives, than for the holy faith. This encouraged and kept them together a little longer : they had forced many of the gentry of the country to go along with them. These sent a secret message to the Duke of Suffolk, letting him know what ill effects the King's rough answer had produced : that they had joined with the people only to moderate them a little, and they knew nothing that would be so effectual as the offer of a general pardon. So the Duke of Suffolk, as he moved towards them n is quiet- with the forces which he had drawn together, sent to oakt-^" the King to know his pleasure, and earnestly advised Suffolk - a gentle composing of the matter without blood. At that same time the King was advertised from the 368 BURNET'S REFORMATION. A new north, that there was a general and formidable rising rth!, there ; of which he had the greater apprehensions, because of their neighbourhood to Scotland ; whose King, being the King's nephew, was the heir pre- sumptive of the crown, since the King had illegiti- mated both his daughters : and though the King's firm alliance with France made him less apprehensive of trouble from Scotland, and their King was at this time in France, to marry the daughter of Francis ; yet he did not know how far a general rising might invite that King, to send orders to head and assist the rebels in the north. Therefore, he resolved first to quiet Lincolnshire ; and as he had raised a great force about London, with which he was marching in person against them, so he sent a new proclamation, requiring them to return to their obedience, with se- cret assurances of mercy. By these means they were melted away. Those who had been carried in the stream submitted to the King's mercy, and promised all obedience for the future ; others, that were obsti- nate, and knew themselves unpardonable, fled north- ward, and joined themselves to the rebels there : some of their other leaders were apprehended, in particular the cobler, and were executed. But for the northern rebellion, as the parties con- cerned, being at a greater distance from the court, had larger opportunities to gather themselves into a huge body ; so the whole contrivance of it was better laid. One Ask commanded in chief; he was a gen- tleman of an ordinary condition, but understood well how to draw on and govern a multitude. Their march was called the pilgrimage of grace ; and, to inveigle the people, some priests marched before them with crosses in their hands. In their banners they had a crucifix, with the five wounds, and a chalice ; and every one wore on his sleeve, as the badge of the party, an emblem of the five wounds of Christ, with the name Jesus wrought in the midst. All that joined to them took an oath, " that they entered into this pilgrimage of grace for the love of God, the pre- servation of the King's person and issue, the purify- PART I. BOOK III. 369 ing the nobility, and driving away all base-born and ill counsellors ; and for no particular profit of their own, nor to do displeasure to any, nor to kill any for envy ; but to take before them the cross of Christ, his faith, the restitution of the church, and the sup- pression of heretics and their opinions." These were specious pretences, and very apt to work upon a giddy and discontented multitude. So people flocked about their crosses and standards in great numbers, fo and they grew to be forty thousand strong. They went over the country without any opposition. The Archbishop of York and the Lord Darcy were in Pomfret Castle; which they yielded to them, and were made to swear their covenant. They were both suspected of being secret promoters of the rebellion ; the latter suffered for it : but how the former excused himself, I cannot give any account. They also took York and Hull ; but though they summoned the castle of Skipton, yet the Earl of Cumberland, who would not degenerate from his noble ancestors, held it out against all their force ; and though many of the gen- tlemen, whom he had entertained at his own cost, de- serted him, yet he made a brave resistance. Scar- borough Castle was also long besieged ; but there Sir Ralph Evers, that commanded it, gave an unexam- pled instance of his fidelity and courage ; for though his provisions fell short, so that for twenty days he and his men had nothing but bread and water, yet they stood out till they were relieved. This rising in Yorkshire encouraged those of Lan- cashire, the bishoprick of Duresme and Westmore- land to arm. Against these, the Earl of Shrewsbury, that he might not fall short of the gallantry and loy- alty of his renowned ancestors, made head, though he had no commission from the King. But he knew his zeal and fidelity would easily procure him a par- don, which he modestly asked for the service he had done. The King sent him not only that, but a com- mission to command in chief all his forces in the north. To his assistance he ordered the Earl of Derby to march ; and sent Courtney, Marquis of VOL. i. 2 B 370 BURNET'S REFORMATION. Exeter, and the Earls of Huntingdon and Rutland to join him. He also ordered the Duke of Suffolk, with the force that he had led into Lincolnshire, to lie still there, lest they, being but newly quieted, should break out again, and fall upon his armies behind, when the Yorkshire men met them before. TheDuke On the 20th of October he sent the Duke of Nor- udothm folk with more forces to join the Earl of Shrewsbury; the rebels were very numerous and desperate. them. When the Duke of Norfolk understood their strength, O ' he saw great reason to proceed with much caution ; for if they had got the least advantage of the King's troops, all the discontents in England would upon the report of that have broken out. He saw their numbers were now such, that the gaining some time was their ruin ; for such a great body could not sub- sist long together without much provisions, and that must be very hard for them to bring in. So he set forward a treaty : it was both honourable for the King to offer mercy to his distracted subjects, and of great advantage to his affairs ; for as their numbers did every day lessen, so the King's forces were still increasing. He wrote to the King, that, considering the season of the year, he thought the offering some fair conditions might persuade them to lay down their arms, and disperse themselves ; yet when the Earl of Shrewsbury sent a herald with a proclamation, ordering them to lay down their arms and submit to the King's mercy, Ask received him sitting in state, with the Archbishop on the one hand, and the Lord Darcy on the other ; but would not suffer any pro- clamation to be made till he knew the contents of it. And when the herald told what they were, he sent him away without suffering him to publish it ; and then the priests used all their endeavours to engage the people to a firm resolution of not dispersing themselves, till all matters about religion were fully settled. As they went forward, they every where repos- sessed the ejected monks of their houses ; and this -encouraged the rest, who had a great mind to be in PART I. BOOK III. 371 their old nests again. They published also many stories among them of the growing burdens of the King's government, and made them believe that im- positions would be laid on every thing that was either bought or sold. But the King, hearing how strong they were, sent out a general summons to all the nobility to meet him at Northampton the 7th of No- vember. And the forces sent against the rebels ad- They ad- vanced to Doncaster, to hinder them from coming DonTaster. further southward ; and took the bridge, which they fortified, and laid their forces along the river to main- tain that pass. The writers of that time say, that the day of battle was agreed upon ; but that, the night before, exces- sive rains falling, the river swelled so, that it was un- passable next day, and they could not force the bridge. Yet it is not likely the Earl of Shrewsbury, having in all but five thousand men about him, would agree ' O to a pitched battle with those who were six times his number, being then thirty thousand. Therefore it is more likely that the rebels only intended to pass the river the next day, which the rain that fell hin- dered : but the Duke of Norfolk continued to press a treaty, which was hearkened to by the other side, who were reduced to great straits ; for their captain would not suffer them to spoil the country, and they were no longer able to subsist without doing that. The Duke of Norfolk directed some that were secretly gained, or had been sent over to them as deserters, to spread reports among them, that their leaders were making terms for themselves, and would leave the rest to be undone. This, joined to their necessities, made many fall off every day. The Duke of Nor- The Dnke r 11 J- I.' L U J J TJ of Norfolk tolk, finding his arts had so good an operation, ottered breaks to go to court with any whom they would send with ^7 their demands, and to intercede for them. This he knew would take up some time, and most of them would be dispersed before he could return. So they sent two gentlemen, whom they had forced to go with them, to the King, to Windsor. Upon this, the King- discharged the rendezvous at Northampton, and c!e- 2 B 2 372 BURNET'S REFORMATION. layed the sending an answer as much as could be ; but at last, hearing that, though most of them were dispersed, yet they had engaged to return upon warn- ing, and that they took it ill that no answer came ; he sent the Duke of Norfolk to them with a general pardon, six only excepted by name, and four others that were not named. But in this the King's coun- sels were generally censured, for every one was now in fear, and so the rebels rejected the proposition. The King also sent them word by their own messenger, " that he took it very ill at their hands, that they had chosen rather to rise in arms against him, than to pe- tition him about these things which were uneasy to them." And to appease them a little, the King, by new injunctions, commanded the clergy to continue the use of all the ceremonies of the church. This, it is like, was intended for keeping up the four sacra- ments, which had not been mentioned in the former articles. The clergy that were with the rebels met at Pomfret, to draw up articles to be offered at the treaty that was to be at Doncaster ; where three hun- dred were ordered to come from the rebels to treat with the King's commissioners. So great a number was called, in hopes that they would disagree about their demands, and so fall out among themselves. On the 6th of December they met to treat, and it seems had so laid their matter before, that they agreed upon these following demands. Their de- "A general pardon to be granted : a parliament to mands. i i i ? -17- i i r 11 be held at York ; and courts ot justice to be there, that none on the north of Trent might be brought to London upon any law-suit. They desired a repeal of some acts of parliament ; those for the last subsidy, for uses, for making words misprision of treason, and for the clergy paying their tenths and first-fruits to the King. They desired the Princess Mary might be restored to her right of succession ; the Pope to his wonted jurisdiction, and the monks to their houses again : that the Lutherans might be punished ; that Audley, the lord-chancellor, and Cromwell, the lord privy-seal, might be excluded from the next parlia- PART I. BOOK III. 373 merit ; and Lee and Leighton, that had visited the monasteries, might be imprisoned for bribery and extortion." But the lords, who knew that the King would by no means agree to these propositions, rejected them. Upon which the rebels took heart again, and were growing more enraged and desperate ; so that the Duke of Norfolk wrote to the King, that if some con- tent were not given them, it might end very ill, for they were much stronger than his forces were : and both he and the other commanders of the King's forces, in their hearts wished, that most of their de- mands were granted ; being persons, who, though they complied with the King, and were against that rebellion, yet were great enemies to Lutheranism, and wished a reconciliation with Rome ; of which the Duke of Norfolk was afterwards accused by the Lord Darcy, as if he had secretly encouraged them to insist on these demands. The King, seeing the humour was so obstinate, resolved to use gentler re- medies ; and so sent to the Duke of Norfolk a gene- ral pardon, with a promise of a parliament, ordering him not to make use of these except in extremity. This was no easy thing to that Duke ; since he might be afterwards made to answer for it, whether the ex- tremity was really such as to justify his granting these things. But the rebels were become again as nume- rous as ever, and had resolved to cross the river, and to force the King's camp, which was still much in- ferior to theirs in number. But rains falling the se- cond time, made the fords again unpassable. This was spoken of by the King's party as little less than a miracle ; that God's providence had twice so op- portunely interposed for the stopping of the progress of the rebels ; and it is very probable, that, on the other side, it made great impression on the supersti- tious multitude, and both discouraged them and dis- posed them to accept of the offer of pardon, and a parliament to be soon called, for considering their other demands. The King signed the pardon at Richmond, the 9th of December ; by which all their 374 BURNET'S REFORMATION. treasons and rebellion to that day were pardoned, pre- vided they made their submission to the Duke of Norfolk and the Earl of Shrewsbury, and lived in The King's due obedience for the future. The King sent like- t a h c S m! rt wise a long answer to their demands. " As to what they complained about the subversion of the faith : he protested his zeal for the true Christian faith, and that he would live and die in the defence and preser- vation of it. But the ignorant multitude were not to instruct him what the true faith was, nor to presume to correct what he and the whole convocation had agreed on. That as he had preserved the church of England in her true liberties, so he would do still ; and that he had done nothing that was so oppressive, as many of his progenitors had done upon lesser grounds. But that he took it very ill of them, who had rather one churl or two should enjoy the profits of their monasteries, to support them in their disso- lute and abominable course of living, than that their King should have them for defraying the great charge he was at for their defence against foreign enemies. For the laws, it was high presumption in a rude mul- titude to take on them to judge what laws were good, and what not. They had more reason to think, that he, after twenty-eight years' reign, should know it better than they could. And for his government, he had so long preserved his subjects in peace and jus- tice, had so defended them from their enemies, had so secured his frontier, had granted so many general pardons, had been so unwilling to punish his subjects, and so ready to receive them into mercy ; that they could shew no parallel to his government among all their former kings. And whereas it was said, that he had many of the nobility of his council in the be- ginning of his reign, and few now ; he shewed them, in that one instance, how they were abused by the lying slanders of some disaffected persons ; for when he came to the crown, there were none that were born noble of his council, but only the Earl of Surrey and the Earl of Shrewsbury ; whereas now, the Dukes of Norfolk and Suffolk, the Marquis of Exeter, the Lord PART I. BOOK III. 375 Steward, the Earls of Oxford and Sussex, and the Lord Sands, were of the privy-council ; and for the spirituality, the Archbishop of Canterbury, the Bi- shops of Winchester, Hereford, and Chichester, were also of it : and he and his whole council judging it necessary to have some at the board who understood the law of England, and the treaties with foreign princes ; he had by their unanimous advice brought in his Chancellor and the Lord Privy-Seal. He thought it strange, that they, who were but brutes, should think they could better judge who should be his counsellors than himself and his whole council : therefore he would bear no such thing at their hands ; it being inconsistent with the duty of good subjects to meddle in such matters. But if they, or any of his other subjects, could bring any just complaint against any about him, he was ready to hear it ; and if it were proved, he would punish it according to law. As for the complaints against some of the prelates, for preaching against the faith, they could know none of these things but by the report of others ; since they lived at such a distance, that they themselves had not heard any of them preach. Therefore he required them not to give credit to lies, nor be misled by those who spread such calumnies and ill reports : and he concluded all with a severe expostulation ; adding, that such was his love to his subjects, that imputing this insurrection, rather to their folly and lightness, than to any malice or rancour, he was willing to pass it over more gently, as they would perceive by his proclamation." Now the people were come to themselves again, 16y i. lit fr ! 11 11 1 i-ii The rebel- and glad to get on so easily ; and they all cheerfully iu.n is accepted the King's offers, and went home again to quieled * their several dwellings. Yet the clergy were no way satisfied, but continued still to practise amongst them, and kept the rebellion still on foot ; so that it broke out soon after. The Duke of Norfolk and the Earl of Shrewsbury, were ordered to lie still in the coun- try with their forces, till all things were more fully composed. They made them all come to a full sub- 376 BTJRNET'S REFORMATION, mission : and, first, To revoke all oaths and promises made during the rebellion, for which they asked the King's pardon on their knees. Secondly, To swear to be true to the King and his heirs and successors. Thirdly, To obey and maitnain all the acts of parlia- ment made during the King's reign. Fourthly, Not to take arms again but by the King's authority. Fifthly, To apprehend all seditious persons. Sixthly, To remove all the monks, nuns, and friars, whom they had placed again in the dissolved monasteries. There were also orders given to send Ask, their captain, and the Lord Darcy, to court. Ask was kindly received, and well used by the King. He had shewed great conduct in commanding the rebels ; and it seems the King had a mind, either to gain him to his service, or, which I suspect was the true cause, to draw from him a discovery of all those, who, in the other parts of the kingdom, had favoured or relieved them. For he suspected, not without cause, that some of the great abbots had given secret supplies of money to the rebels ; for which many of them were afterwards tried and attainted. The Lord Darcy was under great apprehensions, and studied to purge himself, that he was forced to a compliance with them ; but pleaded, that the long and important services he had done the crown for fifty years, he being then fourscore, toge- ther with his great age and infirmity, might mitigate the King's displeasure. But he was made prisoner. Whether this gave those who had been in arms new jealousies, that the King's pardon would not be in- violably observed ; or whether the clergy had of new prevailed on them to rise in arms, I cannot determine; but it broke out again, though not so dangerously as before. Two gentlemen of the north, Musgrave and Tilby, raised a body of eight thousand men, and thought to have surprised Carlisle ; but were repulsed by those within. And, in their return, the Duke of Norfolk fell upon them, and routed them. He took many prisoners, and by martial law hanged up all their captains, and seventy other prisoners on the walls of Carlisle. Others at that same time thought PART I. BOOK HI. 377 to have surprised Hull : but it was prevented, and the leaders of that party were also taken and executed. Many other risings were in several places of the country, which were all soon repressed : the ground of them all was, that the parliament which was pro- mised, was not called : but the King said, they had not kept conditions with him, nor would he call a parliament till all things were quieted. But the Duke of Norfolk's vigilance every where prevented their ga- thering together in any great body. And after several unsuccessful attempts, at length the country was ab- solutely quieted in January following. And then the Duke of Norfolk proceeded according to the martial law against many whom he had taken. Ask had also left the court without leave, and had gone amongst them, but was quickly taken. So he and many others were sent to several places, to be made public exam- ples. He suffered at York, others at Hull, and in other towns in Yorkshire. But the Lord Darcy and the Lord Hussy were arraigned at Westminster, and attainted of treason ; the former for the northern, and the other for the Lincolnshire insurrection. The Lord The chief Darcy was beheaded at Tower-hill ; and was much l[\fl^' lamented. Every body thought, that, considering cated - his merits, his age, his former services, he had hard measure. The Lord Hussy was beheaded at Lincoln. The Lord Darcy, in his trial, accused the Duke of Norfolk, that, in the treaty at Doncaster, he had en- couraged the rebels to continue in their demands. This the Duke denied, and desired a trial by combat, and gave some presumptions to shew that the Lord Darcy bore him ill-will, and said this out of malice. The King either did not believe this, or would not seem to believe it ; and the Duke's great diligence in the suppression of these commotions set him beyond all jealousies. But after those executions, the King wrote to the Duke in July next, to proclaim an abso- lute amnesty over all the north ; which was received with great joy, every body being in fear of himself: and so this threatening storm was dissipated without the effusion of much blood, save what the sword of 378 BURNET'S REFORMATION. justice drew. At the same time the King of Scotland returning from France with his Queen, and touching on the coast of England, many of the people fell down at his feet, praying him to assist them, and he should have all. But he was, it seems, bound up by the French King : and so went home without giving them any encouragement. And thus ended this re- bellion, which was chiefly carried on by the clergy under pretence of religion. And now the King was delivered of all his appre- hensions, that he had been in for some years, in fear of stirs at home. But, they being now happily com- posed, as he knew it would so overawe the rest of his discontented subjects, that he needed fear nothing from them for a great while; so it encouraged him to go on in his other designs of suppressing the rest of the monasteries, and reforming some other points of religion. Therefore there was a new visitation ap- pointed for all the monasteries of England. And the visitors were ordered to examine all things that re- lated either to their conversation, to their affection to the King, and the supremacy, or to their superstition in their several houses : to discover what cheats and impostures there were, either in their images, relics, or other miraculous things, by which they had drawn people to their houses on pilgrimages, and gotten from them any great presents. Also to try how they were affected during the late commotions, and to dis- cover every thing that was amiss in them, and report it to the Lord Vicegerent. In the Records of the whole twenty-eighth year of the King's reign, I find but one original surrender of any religious house: the Abbot of Furnese in Lincolnshire, valued at 960 lib. with thirty monks, resigning up that house to the King on the 9th of April, which was very near the end of the year of the King's reign; for it com- menced on the 22d of April. Two other surrenders are enrolled that year. The one was of Bermondsey in Surrey, the 1st of June, in the twenty-eighth of the King's reign. The preamble was, that they surren- dered in hopes of greater benevolence from the King. PART I. BOOK III. 379 But this was the effect of some secret practice, and not of the act of parliament. For it was valued at 548 lib. and so fell not within the act. The other was of Bushlisham, or Bishtam, in Berkshire, made by Barlow, bishop of St. David's, that was com- mend ator of it, and a great promoter of the Reforma- tion. It was valued at 327 lib. But in the following year they made a quicker progress, and found strange enormities in the greater houses. It seems all the houses under 200 lib. of rent were not yet suppressed. For I find many within that value afterwards resign- ing their houses. So that I am inclined to believe, that the first visitation being made towards the sup- pression of the lesser monasteries, and that (as ap- pears by their instructions) being not to be finished till they had made a report of what they had done to the court of Augmentations, who were after the report made to determine what pensions were to be reserved to the abbot and other officers; (which report was to be made in the octaves of St. Michael; and, after that, a new commission was to be given for their sup- pression;) when that was done, they went no further at that time. So that I cannot think there were many houses suppressed when these stirs began : and, after their first rising, it is not likely that great progress would be made in a business that was like to inflame the people more, and increase the number of the rebels. Neither do I find any houses suppressed by virtue of the former act of parliament till the twenty- ninth year of the King's reign. And yet they made no great haste this year. For 1638 , J J O 11 1 Some of there are but twenty-one surrenders all this year, the great either in the Rolls, or Augmentation Office. And ^er iur now, not only small abbeys, but greater ones, were J^ s surrendered to the King. The abbots were brought to do it upon several motives. Some had been faulty during the late rebellion, and were liable to the King's displeasure: and these, to redeem themselves, com- pounded the matter by a resignation of their house. Others began to like the Reformation, and that made them the more willing to surrender their houses ; 380 BURNET'S REFORMATION. sucli as Barlow, bishop of St. David's, who not only surrendered up his own house of Bushlisham, but prevailed on many others to do the like. Others were convicted of great disorders in their conversation; and these, not daring to stand a trial, were glad to accept of a pension for life, and deliver up their house. Others were guilty of making great wastes and dila- pidations. For they all saw the dissolution of their houses approaching, and so every one was induced to take all the care he could to provide for himself and his kindred : so that the visitors found in some of the richest abbeys of England, as St. Albans and Battel, such depredations made, that at St. Albans an abbot could not subsist any longer, the rents were so low; and in Battel, as all their furniture was old and torn, not worth 100 lib. so both in house and chapel they had not 400 marks' worth of plate. In other houses they found not above twelve or fifteen ounces of plate, and no furniture at all, but only such things as they could not embezzle ; as the walls, and windows, bells, and lead. In other houses, the abbot and monks were glad to accept of a pension for themselves during life : and so being only concerned for their own particular interest, resigned their house to the King. Generally, the monks had eight marks a year pension, till they were provided for. The abbots' pensions were proportioned to the value of their house, and to their innocence. The Abbots of St. Albans and Tewksbury, had 400 marks a year a-piece. The Abbot of St. Edmundsbury was more innocent ; for the visitors wrote from thence, that they could find no scandals in that house : so he (it seems) was not easily brought to resign his house, and had 500 marks pension reserved to him. And for their inferior officers, some had 30, some 10 or 8, and the lowest 6 lib. pension. In other places, upon a vacancy, either by death or deprivation, they did put in an abbot only to re- sign up the house. For after the King's supremacy was established, all those abbots, that had been for- merly confirmed by the Pope, were placed in this PART I. BOOK III. 381 manner. The King granted a conge d'&lire to the prior and convent, with a missive letter, declaring the name of the person whom they should choose : then they returned an election to the King, who upon that gave his assent to it by a warrant under the great seal, which was certified to the Lord Vicegerent; who thereupon confirmed the election, and returned him back to the King, to take the oaths : upon which, the temporalities were restored. Thus all the abbots were now placed by the King, and were generally picked out to serve this turn. Others, in hope of ad- vancement to bishopricks, or to be suffragan bishops, as the inferior sort of them were made generally, were glad to recommend themselves to the King's favour, by a quick and cheerful surrender of their monastery. Upon some of these inducements it was, that the greatest number of the religious houses were resigned to the King, before there was any act of parliament made for their suppression. In several nouses, the visitors, who were generally either masters of chancery or auditors of the court of Augmenta- tions, studied not only to bring them to resign their houses, but to sign confessi'ons of their past lewd and dissolute lives. Of these, there is only one now ex- tant, which (it is like) escaped the general razure and destruction of all papers of that kind in Queen Mary's time. But from the letters, that I have seen, I per- ceive there were such confessions made by many other houses. That confession of the Prior and Be- c nf - nedictines of St. Andrews in Northampton is to be hoTr*d seen in the Records of the Court of Augmentations : ^"^ in which, with the most aggravating expressions that" 6 ""* 1 could be devised, they acknowledged their past ill life, " for which the pit of hell was ready to swallow them up. They confessed that they had neglected the worship of God, lived in idleness, gluttony, and sensuality;" with many other woful expressions to that purpose. Other houses, as the monastery of Betlesden, re- collect. signed with this preamble; "That they did pro- S^.*" foundly consider, that the manner and trade of living, 382 BURNET'S REFORMATION. which they, and others of their pretended religion, had for a long time followed, consisted in some dumb ce- remonies, and other constitutions of the bishops of Rome, and other foreign potentates, as the Abbot of Cisteaux ; by which they were blindly led, having no true knowledge of God's laws; procuring exemptions from their ordinary and diocesan, by the power of the Bishop of Rome, and submitting themselves wholly to a foreign power, who never came hither, to reform their abuses, which were now found among them. ' O But that now, knowing the most perfect way of living is sufficiently declared by Christ and his apostles ; and that it was most fit for them to be governed by the King 1 , who was their supreme head on earth ; they submitted themselves to his mercy, and surrendered up their monastery to him on the 25th of September, in the thirtieth year of his reign." This writing was signed by the Abbot, the Sub-prior, and nine monks. There are five other surrenders to the same purpose ; by the Gray and White friars of Stamford, the Gray friars of Coventry, Bedford, and Aylesbury, yet to be seen. Some are resigned upon this preamble, "That they hoped the King would of new found their house; which was otherwise like to be ruined, both in spi- rituals and temporals." So did the Abbot of Chert- sey in Surrey, with fourteen monks, on the 14th of July, in the twenty-ninth year of this reign ; whose house was valued at 744 lib. I have reason to think that this Abbot was for the Reformation, and intended to have had his house new founded, to be a house of true and well regulated devotion: and so I find the Prior of Great Malverine in Worcestershire offered such a resignation. He was recommended by Bishop Latimer to Cromwell, with an earnest desire that his house might stand, "not in monkery, but so as to be converted to preaching, study, and prayer." And the good Prior was willing to compound for his house by a present of 500 marks to the King, and of 200 to Cromwell. He is commended for being an old worthy man, a good housekeeper, and one that daily fed many poor people. To this Latimer adds : "Alas, PART I. BOOK III. 383 my good Lord ! shall we not see two or three in every shire changed to such remedy ?" But the resolution was taken once to extirpate all. And therefore, though the visitors interceded earnestly for one nunnery in Oxfordshire, Godstow, where there was great strictness of life ; and to which most of the young gentlewomen of the county were sent to be bred; so that the gentry of the country desired the King would spare the house; yet all was ineffectual. The general form, in which most of these resigna- The form tions begins, is, "That the abbot and brethren, ttpea *!!* full deliberation, certain knowledge of their own ^""'"j proper motion, for certain just and reasonable causes, s^ 1 - l - specially moving them in their souls and consciences, did freely, and of their own accord, give and grant their houses to the King." Others, it seems, did not so well like this preamble; and therefore did, without any reason or preamble, give away their houses to the visitors, as feoffees in trust for the King's use. And thus they went on, procuring daily more surrenders. So that in the thirtieth year of the King's reign there were one hundred and fifty-nine resignations enrolled, of which the originals of one hundred and fifty-five do yet remain. And for the reader's further satisfac- tion, he shall find, in the Collection at the end of this collect. Book, the names of all those houses so surrendered, sectfs. 3 ' with other particulars relating to them, which would too much weary him, if inserted in the thread of this work. But there was no law to force any to make such resignations. So that many of the great abbots would not comply with the King in this matter, and stood it out till after the following parliament, that was in the thirty-first year of his reign. It was questioned by many, whether these surren- *>';* ders could be good in law, since the abbots were but XT'* trustees and tenants for life. It was thought they could ""** not absolutely alienate and give away their house for ever. But the parliament afterwards declared the resignations were good in law : for, by their founda- tions, all was trusted to the abbot and the senior bre- thren of the house; who putting the covent-seal to of 384 BURNET'S REFORMATION. any deed, it was of force in law. It was also said, that they, thus surrendering, had forfeited their char- ters and foundations ; and so the King might seize and possess them with a good title, if not upon the resigna- tion, yet upon forfeiture. But others thought, that, whatsoever the nicety of law might give the King, yet there was no sort of equity in it, that a few trus- tees, who were either bribed, or frightened, should pass away that which was none of their's, but only given them in trust and for life. Other abbots were more roughly handled. The Prior of Wooburn was suspected of favouring the rebels, of being against treason, the King's supremacy and for the Pope's, and of being for the general council then summoned to Mantua. And he was dealt with to make a submission and acknowledgment. In an account of a long confer- ence which he had with a privy-counsellor, under his own hand, I find that the great thing which he took offence at, was, that Latimer and some other bishops preached against the veneration of the blessed Virgin, and the other saints : and that the English Bible, then set out, differed in many things from the Latin : with several lesser matters. So that they looked on their religion as changed, and wondered that the judgments of God upon Queen Anne had not terrified others from going on to subvert the faith : yet he was pre- vailed with, and did again submit to the King, and acknowledge his supremacy ; but he afterwards joined himself to the rebels, and was taken with them, to- gether with the Abbot of Whaley, and two monks of his house; and the Abbot of Gervaux, with a monk of his house; and the Abbot of Sawley, in Lanca- shire, with the Prior of that house; and the Prior of Burlington; who were all attainted of high treason, and executed. The Abbots of Glastenbury and Read- ing were men of great power and wealth: the one was rated at 3508 lib. and the other at 2 1 1 6 lib. They, seeing the storm like to break out on themselves, sent a great deal of the plate and money that they had in their house to the rebels in the north; which being after- wards discovered, they were attainted of high treason PART I. BOOK III. 385 a year after this; but I mention it here for the affinity of the matter. Further particulars about the Abbot of Reading I have not yet discovered. But there is an account given to Cromwell of the proceedings against the Abbot of Glastenbury in two letters which I have seen : the one was writ by the Sheriff of the county ; the other by Sir John Russell, who was pre- sent at his trial, and was reputed a man of as great integrity and virtue as any in that time ; which he seems to have left as an inheritance to that noble family that has descended from him. These inform, that he was indicted of burglary, as well as treason, for having broken the house in his monastery where the plate was kept, and taken it out; which, as Sir William Thomas says, was sent to the rebels. The evidence being brought to the jury, who (as Sir John Russell writes) were as good and worthy men as had ever been on any jury in that county, they found him guilty. He was carried to the place of execution, near his own monastery ; where (as the Sheriff writes) he acknowledged his guilt, and begged God and the King pardon for it. The Abbot of Colchester was also attainted of high treason. What the particulars were I cannot tell ; for the record of their attainders is lost. But some of our own writers deserve a severe censure, who write, it was for denying the King's supremacy ; whereas, if they had not undertaken to write the history without any information at all, they must have seen that the whole clergy, but most par- ticularly the Abbots, had over and over again ac- knowledged the King's supremacy. For clearing which and discovering the impudence of Sanders's relation of this matter, I shall lay before the reader the evidences that I find of the submission of these and all the other abbots to the King's supre- macy. First, in the convocation, in the twenty-second year of this reign, they all acknowledged the King supreme head of the church of England. They did also swear to maintain the act of the succession of the crown, made in the twenty-fifth year of his reign, in which the Pope's power was plainly condemned. VOL. i. 2 c 38G BURNET'S REFORMATION. For, in the proceedings against More and Fisher, it was frequently repeated to them, that all the clergy had sworn it. It is also entered in the Journal of the House of Lords, that all the members of both Houses swore it at their breaking up ; and the same Journals inform us, that the Abbots of Colchester and Reading sat in that parliament ; and as there was no protesta- tion made against any of the acts passed in that ses- sion, so it is often entered, that the acts were agreed 7 O to by the unanimous consent of the Lords. It appears also by several original letters, that the heads of all the religious houses in England had signed that posi- tion, " That the Pope had no more jurisdiction in this kingdom than any foreign bishop whatsoever :" and it was rejected by none but some Carthusians, and Franciscans of the Observance, who were proceeded against for refusing to acknowledge it : when they were so pressed in it, none can imagine that a parlia- mentary Abbot would have been dispensed with. And in the last parliament, in which the second oath about the succession to the crown was enacted, it was added, that they should also swear the King to be supreme head of the church. The Abbots of Glasten- bury and Reading were then present, as appears by the Journals, and consented to it: so little reason there is for imagining that they refused that, or any other compliance that might secure them in their abbeys. In particular, the Abbot of Reading had so got into Cromwell's good opinion, that in some differences be- tween him and Shaxton, bishop of Salisbury, that was Cromwell's creature; he had the better of the Bishop. Upon which Shaxton, who was a proud ill-natured man, wrote a high expostulating letter to Cromwell, "complaining of an injunction he had granted against him at the Abbot's desire. He also shewed him that in some contests between him and his residentiaries, and between him and the Mayor of Salisbury, Crom- well was always against him : he likewise challenged him for not answering his letters. He tells him, God will judge him for abusing his power as he did ; he prays God to have pity on him, and to turn his heart;" PART I. BOOK IH. 887 with a great deal more provoking language. He also adds many insolent praises of himself; and his whole letter is as extravagant a piece of vanity and insolence as ever I saw. To this Cromwell wrote an answer, that shews him to have been indeed a great man : the reader will find it in the Collection, and see from it collect. how modestly and discreetly he carried his greatness. N ' But how justly soever these abbots were attainted, the seizing on their abbey lands, pursuant to those attainders, was thought a great stretch of law ; since the offence of an ecclesiastical incumbent is a personal thing, and cannot prejudice the church, no more than a secular man, who is in office, does, by being at- tainted, bring any diminution of the rights of his office on his successors. It is true there were some words cast into the thirteenth act of the parliament, in the twenty-sixth year of this reign, by which divers offences were made treason, that seemed to have been designed for such a purpose. The words are, that whatsoever lands any traitor had " of any estate of inheritance in use or possession, by any right, title, or means," should be forfeited to the King. By which, as it is certain, estates in tail were comprehended, so the lands that any traitor had in possession or use seem to be included ; and that the rather, because by some following words their heirs and successors are for ever excluded. This either was not thought on when the Bishop of Rochester was attainted, or perhaps was not claimed, since the King intended not to lessen the number of bishopricks, but rather to increase them. Besides, the words of the statute seem only to belong to an " estate of inheritance ;" within which, church-benefices could not be included, with- out a great force put upon them. It is true, the word " successor" favoured these seizures ; except that be thought an expletory word put in out of form, but still to be limited to an estate of inheritance : that word does also import that such criminals might have suc- cessors. But if the whole abbey was forfeited, these abbots could have no successors. Yet it seems the seizures of these abbeys were founded on that statute, 2c2 388 BURNET'S REFORMATION. and this stretch of the law occasioned that explanation which was added of the words " estate of inheritance," in the statute made in Edward the Sixth's reign about treasons, where it is expressed, that traitors should forfeit to the crown what lands they had of any " estate of inheritance ;" to which is added, " in their own right ;" it seems, on design to cut off all pretence for such proceedings for the future, as had been in this reign. But if there were any illegality in these seizures, the following parliament did at least tacitly justify them : for they excepted out of the provisos made concerning the abbeys that were suppressed, such as had been " forfeited and seized on by any at- tainders of treason." Another surrender is not unlike these, but rather less justifiable. Many of the Carthusian monks of London were executed for their open denying of the King's supremacy, and for receiving books from foreign parts against his marriage, and other proceed- ings ; divers also of the same house, that favoured them, but so secretly, that clear proof could not be found to convict them, were kept prisoners in their cells till they died. But the Prior was a worthy man, of whom, Thomas Bedyl, one of the visitors, writes, that " he was a man of such charity that he had not seen the like, and that the eyes of the people were much on that house ; and therefore he advised, that the house might be converted to some good use." But the Prior was made to resign, with this preamble, " That many of that house had offended the King, so that their goods might be justly confiscated, and them- selves adjudged to a severe death : which they desired to avoid, by a humble submission and surrender of their house to the King." But there were great com- plaints made of the visitors, as if they had practised with the abbots and priors to make these surrenders ; and that they had conspired with them to cheat the King, and had privately embezzled most of the plate and furniture. The Abbess of Cheapstow complained in particular of Dr. London, one of the visitors, that he had been corrupting her nuns; and generally it PART I. BOOK III. 389 was cried out on, that underhand and ill practices were used. Therefore, to quiet these reports, and to give some colour to justify what they were about, all the foul stories that could be found out were published to defame these houses. Battel Abbey was repre- sented to be a little Sodom ; so was Christ Church in Canterbury, with several other houses. But for whoredom and adultery they found instances without number ; and of many other unnatural practices and secret lusts, with arts to hinder conceptions and make abortions. But no story became so public as a dis- covery made of the Prior of the Crossed friars in Lon- don ; who, on a Friday, at eleven o'clock in the day, was found in bed with a whore : he fell down on his knees, and prayed those who surprised him not to publish his shame; but they had a mind to make some advantage by it, and asked him money. He gave them 30 lib. which he protested was all he had, but he promised them 30 lib. more ; yet, failing in the payment, a suit followed on it ; and in a bill which I have seen, given to Cromwell, then master of the rolls, the case is related. But all stories of this kind served only to disgrace The u those abbots or monks that were so faulty. And the ^dXtw people generally said these were personal crimes f o ^" e which ought to be punished ; but they were no way discovered. satisfied with the justice of the King's proceedings against whole houses for the faults of a few. There- fore another way was thought on, which indeed proved more effectual, both for recovering the people out of the superstitious fondness they had for their images and relics, and for discovering the secret impostures that had been long practised in these houses. And this was, to order the visitors to ex- amine well all the relics, and feigned images, to which pilgrimages were wont to be made. In this, Dr. London did great service. From Reading he writes, " That the chief relics of idolatry in the na- tion were there : an angel with one wing, that brought over the spear's head that pierced our Saviour's side. To which he adds a long inventory of their other 390 BURNET'S REFORMATION. relics, and says, there were as many more as would fill four sheets of paper. He also writes from other places that he had every where taken down their images and trinkets." At St. Edmundsbury, as John ap Rice informed, they found some of the coals that roasted St. Lawrence, the parings of St. Edmund's toes, St. Thomas Becket's penknife and boots, with as many pieces of the cross of our Saviour, as would make a large whole cross. They had also relics against rain, and for hindering weeds to spring. But to pursue this further were endless, the relics were so innumerable. And the value which the people had of them may be gathered from this ; that a piece of St. Andrew's finger, set in an ounce of silver, was laid to pledge by the house of Wastacre for 40 lib. but the visitors, when they suppressed that house, did not think fit to redeem it at so high -a rate. For their images, some of them were brought to London, and were there, at St. Paul's Cross, in the sight of all the people, broken; that they might be fully convinced of the juggling impostures of the monks. And in particular, the crucifix of Boxley in Kent, commonly called the " rood of grace;" to which many pilgrimages had been made, because it was observed sometimes to bow, and to lift itself up, to shake and to stir head, hands, and feet, to roll the eyes, move the lips, and bend the brows ; all which were looked on by the abused multitude as the effects of a Divine power. These were now publicly dis- covered to have been cheats ; for the springs were shewed by which all these motions were made. Upon which John Hilsey, then bishop of Rochester, made a sermon, and broke the rood in pieces. There was also another famous imposture discovered at Hales in Gloucestershire ; where the blood of Christ was shewed in a vial of crystal, which the people sometimes saw, but sometimes they could not see it : e so they were made believe, that they were not ca- . p a ki e Q f so s ig na } a favour, as long as they were in mortal sin ; and so they continued to make presents till they bribed Heaven to give them the sight of so PART I. BOOK III. 391 blessed a relte. This was now discovered to have been the blood of a duck, which they renewed every week : and the one side of the vial was so thick that there was no seeing through it, but the other was clear and transparent ; and it was so placed near the altar, that one in a secret place behind could turn either side of it outward. So when they had drained the pilgrims that came thither of all they had brought with them, then they afforded them the favour of turning the clear side outward ; who upon that went home very well satisfied with their journey and the expense they had been at. There was brought out of Wales a huge image of wood, called Darvel Ga- theren, of which one Ellis Price, visitor of the dio- cese of St. Asaph, gave this account, on the 6th of April, 1537 : "That the people of the country had a great superstition for it, and many pilgrimages were made to it ; so that, the day before he wrote, there were reckoned to be above five or six hundred pil- grims there : some brought oxen and cattle, and some brought money ; and it was generally believed that if any offered to that image, he had power to deliver his soul from hell." So it was ordered to be brought to London, where it served for fuel to burn Friar Forest. There was a huge image of our Lady at Worcester, that was had in great reverence ; which, when it was stripped of some veils that covered it, was found to be the statue of a bishop. Barlow, bishop of St. David's, did also give many advertisements of the superstition of his country, and of the clergy and monks of that diocese, who were guilty of heathenish idolatry, gross impiety and ig- norance, and of abusing the people with many evi- dent forgeries ; about which, he said, he had good evidence when it should be called for. But that which drew most pilgrims and presents in those parts, was an image of our Lady with a taper in her hand ; which was believed to have burnt nine years, till one forswearing himself upon it, it went out ; and was then much reverenced and worshipped. He found all about the cathedral so full of superstitious conceits, 392 BURNET'S REFORMATION. that there was no hope of working on them ; there- fore he proposed the translating the episcopal seat from St. David's to Caermarthen ; which he pressed by many arguments, and in several letters, but with no success. Then many rich shrines of our Lady of Walsingham, of Ipswich, and Islington, with a great many more, were brought up to London, and burnt by Cromwell's orders. But the richest shrine, of England was that of Thomas Becket, called St. Thomas of Canterbury, ^ mar |y rj w ho, being raised up by King Henry II. to the archbishoprick of Canterbury, did afterwards give that King much trouble, by opposing his autho- rity, and exalting the Pope's. And though he once consented to the articles agreed on at Clarendon, for O ' bearing down the papal, and securing the regal power ; yet he soon after repented of that only piece of loyalty of which he was guilty all the while he was archbishop. He fled to the Pope, who received him as a confessor for the dearest article of the Roman belief: the King and kingdoms were excommuni- cated, and put under an interdict upon his account. But afterwards, upon the intercession of the French King, King Henry and he were reconciled, and the interdict was taken off. Yet his unquiet spirit could take no rest ; for he was no sooner at Canterbury than he began to embroil the kingdom again : and was proceeding by censures against the Archbishop of York, and some other bishops, for crowning the King's son in his absence. Upon the news of that, the King being then in Normandy, said, " If he had faithful servants he would not be so troubled with such a priest ;" whereupon some zealous or officious courtiers came over and killed him : for which, as the King was made to undergo a severe penance, so the monks were not wanting in their ordinary arts to give out many miraculous stories concerning his blood. This soon drew a canonization from Rome ; and he, being a martyr for the papacy, was more ex- tolled than all the apostles or primitive saints had ever been. So that, for three hundred years, he was PART I. BOOK III. 393 accounted one of the greatest saints in heaven, as may appear from the accounts in the ledger-books of the offerings made to the three greatest altars in Christ's church in Canterbury. The one was to Christ, the other to the Virgin, and the third to St. Thomas. In one year there was offered at Christ's altar, 3/. 2*. 6d. ; to the Virgin's altar, 63/. 5*. 6d.; but to St. Thomas's altar, S32/. 12*. 3d. But the next year the odds grew greater ; for there was not a penny offered at Christ's altar, and at the Virgin's only 4/. Is. Sd. ; but at St. Thomas's, 954/. 6y. 3d. By such offerings it came, that his shrine was of inestimable value. There was one stone offered there by Lewis VII. of France, who came over to visit it in a pilgrimage, that was believed the richest in Europe. Nor did they think it enough to give him one day in the calendar, the 29th of De- cember ; but unusual honours were devised for this martyr of the liberties of the church, greater than any that had been given to the martyrs for Christianity. The day of raising his body, or, as they called it, of his translation, being the 7th of July, was not only a holy-day, but every fiftieth year there was a jubilee for fifteen days together, and indulgence was granted to all that came to visit his shrine : as appears from the record of the sixth jubilee after his translation, of anno 1420 ; which bears, that there were then about bary a hundred thousand strangers come to visit his tomb. The jubilee began at twelve o'clock on the vigil of the feast, and lasted fifteen days. By such arts they drew an incredible deal of wealth to his shrine. The riches of that, together with his disloyal practices, made the King resolve both to unshrine and unsaint him at once. And then his skull, which had been much worshipped, was found an imposture. For the true skull was lying with the rest of his bones in his grave. The shrine was broken down, and carried away ; the gold that was about it filling two chests, which were so heavy that they were a load to eight strong men to carry them out of the church. And his bones were, as some say, burnt ; so it was under- stood at Rome : but others say, they were so mixed 3.04 BURNET'S REFORMATION. with other dead bones, that it would have been a miracle indeed to have distinguished them afterwards. The King also ordered his name to be struck out of the calendar, and the office for his festivity to be dashed out of all breviaries. And thus was the su- perstition of England to images and relics extirpated. w arti- Yet the King took care to qualify the distaste which H g *,.n m the articles published the former year had given. And published, though there was no parliament in the year 1537, yet there was a commission; upon the conclusion of which, there was printed an explanation of the chief points of religion, signed by both the archbishops, seventeen bishops, eight archdeacons, and seventeen doctors of divinity and law. In which there was an exposition of the Creed, the seven Sacraments, the Ten Command- ments, the Lord's Prayer, and the salutation of the Virgin, with an account of justification and purgatory. But this work was put in a better form afterwards, where the reader will find a more particular account of it. When all these proceedings of the King's were known at Rome, all the satirical pens there were em- ployed to paint him out as the most infamous sacrile- invectives gious tyrant that ever was. They represented him as IheKing one th at ma de war with heaven and the saints that primed at were there : that committed outrages on the bodies of the saints, which the heathenish Romans would have punished severely upon any that committed the like on those that were dead, how mean or bad soever they had been. All his proceedings against the priests or monks that were attainted and executed for high treason, were represented as the effects of savage and barbarous cruelty. His suppressing the monasteries, and devouring what the devotion of former ages had consecrated to God and his saints, was called ravenous and impious sacrilege ; nor was there any thing omitted that could make him appear to posterity the blackest tyrant that ever wore a crown. They com- pared him to Pharaoh, Nebuchadonosor, Belshazzar, Nero, Domitian, and Diocletian ; but chiefly to Julian the apostate. This last parallel liked them best; and his learning, his apostacy, and pretence of re- PART I. BOOK III. 395 forming, were all thought copied from Julian ; only they said his manners were worse. These things were every day printed at Rome, and the informations that were brought out of England were generally addressed to Cardinal Pole, whose style was also known in some of them : all which possessed the King with the deepest and most implacable hatred to him that ever he bore to any person ; and did provoke him to all those severities that followed on his kindred and family. But the malice of the court of Rome did not stop there. For now the Pope published all those thun- ders which he had threatened three years before. The bull of deposition is printed in Cherubin's Bulla re- rum Romanarum ; which, since many have the con- fidence to deny matters of fact, though most publicly acted, shall be found in the Collection of Papers, collect. The substance of it is as follows : " The Pope, being nTp God's vicar on earth, and according to Jeremy's, pro- ^'* st phecy, set over nations and kingdoms, ' to root out 11 "^" and destroy ;' and having ' the supreme power over all the kings in the whole world ;' was bound to pro- ceed to due correction, when milder courses were ineffectual : therefore, since King Henry, who had been formerly a defender of the faith, had fallen from it; had, contrary to an inhibition made, put away his Queen, and married one Anne Boleyn, and had made impious and hurtful laws, denying the Pope to be the supreme head of the church, but assuming that title to himself; and had required all his sub- jects under pain of death to swear it ; and had put the Cardinal of Rochester to death, because he would not consent to these heresies; and by all these things had rendered himself unworthy of his regal dignity; and had hardened his heart (as Pharaoh did) against all the admonitions of Pope Clement VII. : therefore, since these his crimes were so notorious, he, in imi- tation of what the apostle did to Ely mas the magician, proceeds to such censures as he had deserved; and, with the advice of his cardinals, does first exhort him and all his complices to return from their errors, to 396 BURNET'S REFORMATION. annul the acts lately made, and to proceed no farther upon them : which he requires him and them to do, under the pains of excommunication and rebellion, and of the King's losing his kingdom ; whom he re- quired within ninety days to appear at Rome, by him- self or proxy, and his complices within sixty days, to give an account of their actions ; otherwise he would then proceed to a further sentence against them. And declares, that if the King and his complices do not appear, he has fallen from the right to his crown, and they from the right to their estates ; and when they die, they were to be denied Christian burial. He puts the whole kingdom under an interdict ; and declares all the King's children by the said Anne, and the children of all his complices, to be under the same pains, though they be now under age, and incapaci- tates them for all honours or employments ; and de- clares all the subjects or vassals of the King or his complices, absolved from all oaths or obligations to them, and requires them to acknowledge them no more. And declares him and them infamous, so that they might neither be witnesses nor make wills. He requires all other persons to have no dealings with him or them, neither by trading, nor any other way, under the pain of excommunication ; the annulling their contracts, and the exposing goods so traded in, to all that should catch them. And that all clergy- men should, within five days after the expiration of the time prefixed, go out of the kingdom, (leaving only so many priests as would be necessary for baptizing infants, and giving the sacrament to such as died in penitence,) under the pains of excommunication and deprivation. And charges all noblemen and others in his dominions, under the same pains, to rise up in arms against him, and to drive him out of his king- dom; and that none should take arms for him, or any way assist him : and declares all other princes ab- solved from any confederacies made, or to be made, with him ; and earnestly obtests the emperor and all kings, and requires other princes, under the former pains, to trade no more with him ; and in case of PART I. BOOK III. 397 their disobedience, he puts their kingdoms under an interdict. And requires all princes and military per- sons, in the virtue of holy obedience, to make war upon him, and to force him to return to the obedience of the apostolic see ; and to seize on all goods or merchandizes belonging to the King or his complices, wherever they could find them ; and that such of his subjects that were seized on, should be made slaves. And requires all bishops, three days after the time that was set down was clasped, to intimate this sen- tence, in all their churches with putting out of can- dles, and other ceremonies that ought to be used, in the most solemn and public manner that might be. And all who hindered the publication of this sentence, are put under the same pains. He ordained this sen- tence to be affixed at Rome, Tournay, and Dunkirk, which should stand for a sufficient publication ; and concludes, that if any should endeavour to oppose, or enervate any of the premises, he should incur the in- dignation of Almighty God, and the holy apostles, St. Peter and Paul. Dated at Rome the 30th of August, 1535." But the Pope found the princes of Christendom liked the precedent, of using a King in that manner so ill, that he suspended the execution of this bull till this time, that the suppression of abbeys, and the burning of Thomas Becket's bones, did so in- flame the Pope, that he could forbear no longer ; and therefore, by a new sentence, he did all he could to shake him in his throne. The preamble of it was, " That as our Saviour had pity on St. Peter after his fall, so it became St. Peter's successors to imitate our Saviour in his clemency ; and that therefore, though he, having heard of King Henry's crimes, had proceeded to a sentence against him, (here the former bull was recited,) yet some other princes who hoped he might be reclaimed by gentler methods, had interposed for a suspension of the sen- tence : and he, being easy to believe what he so earnestly desired, had upon their intercession sus- pended it. But now he found they had been deceived in their hopes, and that he grew worse and worse ; 3,98 BURNET'S REFORMATION. and had done such dishonour to the saints, as to raise St. Thomas of Canterbury's body, to arraign him of high treason, and to burn his body, and sacrilegiously to rob the riches that had been offered to his shrine : as also to suppress St. Austin's Abbey in Canterbury; and that, having thrust out the monks, he had put in wild beasts into their grounds, having transformed himself into a beast. Therefore he takes off' the sus- pension, and publishes the bull, commanding it to be executed ; declaring that the affixing it at Dieppe or Bulloign in France, at St. Andrews or Callistren (that is, Callstream, a town near the border of England) in Scotland, or Tuam or Artifert in Ireland, or any two of these, should be a sufficient publication. Dated the 17th of December, anno Dom. 1538." No man can read these bulls, but he must conclude, that if the pope be the infallible and universal pastor of the church, whom all are bound to obey, he has a full authority over all kings, to proceed to the highest censures possible : and since the matters of fact, enu- merated in the sentence as the grounds of it, were certainly true, then the Pope is either clothed with the power of deposing princes ; or, if otherwise, he lied to the world when he pretended to it thus, and taught false doctrine, which cannot stand with infal- libility : and the pretended grounds of the sentence, as to matter of fact, being evidently true, this must be a just sentence ; and therefore all that acknow- ledged the infallibility of that see were bound to obey it ; and all the rebellions that followed, during the reign of the King or his children, were founded on this sentence, and must be justified by it ; otherwise the Pope's infallibility must fall to the ground. But this was to be said for the Pope that though he had' raised the several branches of this sentence higher than any of his predecessors had ever done ; yet, as to the main, he had very good and authentic prece- dents for what he did, from the depositions of empe- rors or kings, that were made by former popes, for about five hundred years together. This I thought needful to be more fully opened, because of the pre- PART I. BOOK III. 399 sent circumstances we are now in ; since hereby every one that will consider things, must needs see, that the belief of the Pope's infallibility does necessarily infer the acknowledgment of their power of deposing here- tical kings. For it is plain, the pope did this ex cathe- dra, and as a pastor feeding and correcting his flock. But, not content with this, he also wrote to other princes, inflaming them against the King ; particu- larly to the kings of France and Scotland. To the last Le>iey, of these he sent a breve ; declaring King Henry a "' heretic, a schismatic, a manifest adulterer, a public murderer, a rebel, and convict of high treason against him, the Pope, his lord ; for which crimes he had de- posed him, and offered his dominions to him, if he would go and invade them. And thus the breach be- tween him and the Pope was past reconciling ; and at Rome it was declared equally meritorious to fight against him, as against the Turk. But Cardinal Pole made it more meritorious in his book. Yet the thun- ders of the Vatican had now lost their force ; so that these had no other effect but to enrage the King more against all such as were suspected to favour their in- terests, or to hold any correspondence with Cardinal Pole. Therefore he first procured a declaration against the Pope's pretensions, to be signed by all the bishops of England: in which, after they declared The cler sy against the Pope's ecclesiastical jurisdiction, upon the d^u^T grounds formerly touched, they concluded, "That the JJJU^* 1 people ought to be instructed, that Christ did ex- pressly forbid his apostles, or their successors, to take to themselves the power of the sword, or the authority of kings. And that, if the Bishop of Rome, or any other bishop, assumed any such power, he was a ty- rant and usurper of other men's rights, and a subverter of the kingdom of Christ." This was subscribed by nineteen bishops, (all that were then in England,) and twenty-five doctors of divinity and law. It was at some time before May, 1538 : for Edward Fox, bishop of Hereford, who was one that signed it, died the 8th of May that year. There was no convocation called by writ for doing this : for as there is no men- Collect. ^Numb. 10. 400 BURNET'S REFORMATION. tion of any such writ in the registers, so, if it had been done by convocation, Cromwell had signed it first ; but his hand not being at it, it is more probable that a meeting of the clergy was called by the King's mis- sive letters; or that, as was once done before, the paper was drawn at London, and sent over the kingdom, to the episcopal sees, for the bishops' hands to it. There is another original paper extant, signed at this time by eight bishops : from which I conjecture, those were all that were then about London. It was to shew, " That, by the commission which Christ gave to churchmen, they were only ministers of his gospel, to instruct the people in the purity of the faith : but that by other places of Scripture, the au- thority of Christian princes over all their subjects, as well bishops and priests as others, was also clear. And that the bishops and priests have charge of souls within their cures, power to administer sacraments, and to teach the word of God : to the which word of God, Christian princes acknowledge themselves sub- ject ; and that, in case the bishops be negligent, it is the Christian princes' office to see them do their duty." This being signed by John Hilsey, bishop of Roches- ter, must be after the year 1537, in which he was con- secrated ; and Latimer and Shaxton also signing, it must be before the year 1539, in which they resigned. But I believe it was signed at the same time that the other was : and the design of it was to refute those calumnies spread at Rome, as if the King had wholly suppressed all ecclesiastical offices, and denied them any Divine authority, making them wholly dependent on the civil power, and acting by commission only from him. And therefore they explained the limits of both these powers, in so clear and moderate a way, that it must have stopped the mouth of all opposers. But whether there was any public use made of this paper, I can by no means discover.* ^e ^ n S did. also set forward the printing of the English Bible, which was finished this year, at Lon- don, by Grafton the printer, who printed one thou- See addenda at the end of the volume. N. PART I. BOOK III. 401 sand five hundred of them at his own charge. This Bible Cromwell presented to the King, and procured his warrant, allowing all his subjects in all his domi- nions to read it, without control or hazard. For which the Archbishop wrote Cromwell a letter of most hearty thanks, dated the 13th of August: "Who did now rejoice that he saw this day of reformation, which he concluded was now risen in England, since the light of God's word did shine over it without any cloud." The translation had been sent over to France to be printed at Paris, the workmen in England not being judged able to do it as it ought to be. There- fore, in the year 1537, it was recommended to Bon- ner's care, who was then ambassador at Paris, and was much in Cromwell's favour, who was setting him up against Gardiner. He procured the King of France's leave to print it at Paris, in a large volume ; but, upon a complaint made by the French clergy, the press was stopped, and most of the copies were seized on and publicly burnt ; but some copies were conveyed out of the way, and the workmen and forms were brought over to England ; where it was now finished and published. And injunctions were given Newm out in the King's name, by Cromwell, to all incum- ^"mby bents, " to provide one of these Bibles, and set it up ^ u ^ t " E - publicly in the church, and not to hinder or discou- Numb. H. rage the reading of it, but to encourage all persons to peruse it, as being the true lively word of God, which every Christian ought to believe, embrace, and follow, if he expected to be saved. Arid all were exhorted, not to make contests about the exposition or sense of any difficult place, but to refer that to men of higher judgment in the Scriptures. Then some other rules were added, about the instructing the people in the principles of religion, by teaching the Creed, the Lord's Prayer, and Ten Commandments in English : and that in every church there should be a sermon, made every quarter of a year, at least, to declare to the people the true gospel of Christ, and to exhort them to the works of charity, mercy, and faith ; and not to trust in other men's works, or pil- VOL. I. 2 D 402 BURNET'S REFORMATION. grimages to images, or relics, or saying over beads, which they did not understand ; since these things tended to idolatry and superstition, which of all of- fences did most provoke God's indignation. They were to take down all images, which were abused by pilgrimages, or offerings made to them, and to suffer no candles to be set before any image ; only there might be candles before the cross, and before the sa- crament, and about the sepulchre : and they were to instruct the people, that images served only as the books of the unlearned, to be remembrances of the conversations of them whom they represented ; but if they made any other use of images, it was idolatry: for remedying whereof, as the King had already done in part, so he intended to do more for the abolishing such images, which might be a great offence to God, and a danger to the souls of his subjects. And if any of them had formerly magnified such images, or pil- grimages, to such purposes, they were ordered openly to recant, and acknowledge, that in saying such things they had been led by no ground in Scripture ; but were deceived by a vulgar error, which had crept into the church through the avarice of those who had profit by it. They were also to discover all such as were letters of the reading of God's word in English, or hindered the execution of these injunctions. Then followed orders for keeping of registers in their pa- rishes : for reading all the King's injunctions once every quarter at least : that none were to alter any of the holy-days without directions from the King : and all the eves of the holy-days formerly abrogated, were declared to be no fasting-days : the commemo- ration of Thomas Becket was to be clean omitted : the kneeling for the Ave's after sermon was also forbidden, which were said in hope to obtain the Pope's pardon. And whereas in their processions they used to say so many suffrages, with an or a pro nobis to the saints, by which they had not time to say the suffrages to God himself, they were to teach the people,that it were bet- ter to omit the ora pro nobis, and to sing the other suf- frages, which were most necessary and most effectual." PART I. BOOK III. 403 These injunctions struck at three main points of popery : containing encouragements to the vulgar to read the Scriptures in a known tongue, and putting down all worship of images, and leaving it free for any curate to leave out the suffrages to the saints. So that they were looked on as a deadly blow to that religion. But now those of that party did so artifi- cially comply with the King, that no advantages could be found against any of them for their disobedience. The King was master at home, and no more to be disobeyed. He had not only broken the rebellion of his own subjects, and secured himself by alliance from the dangers threatened him by the Pope ; but all their expectations from the Lady Mary were now clouded : for, on the 12th of October, 1537, Queen Jane hadj^ born him a son, who was christened Edward; thebom. Archbishop of Canterbury being one of his godfa- thers. This very much encouraged all that were for reformation, and disheartened those who were against it. But the joy for this young Prince was qualified by the Queen's death, two days after ;* which afflicted the King very much : for of all his wives, she was the dearest to him. And his grief for that loss is given as the reason, why he continued two years a widower. But others thought he had not so much tenderness in his nature, as to be much or long troubled for any thing. Therefore the slowness of his marrying was ascribed to some reasons of state. But the birth of the Prince was a great disappointment to all those whose hopes rested on the Lady Mary's succeeding her father : therefore they submitted themselves with more than ordinary compliance to the King. Gardiner was as busy as any in declaiming against Gretco the religious houses; and took occasion in many of {JJ^J his sermons to commend the King for suppressing p" 1 *- them. The Archbishop of York had recovered him- self at court : and I do not find that he interposed in the suppression of any of the religious houses, except Hexham, about which he wrote to Cromwell, that it * See below, vol. ii. p. 1, note. It is probable that the Queen survived the birth of the Prince, as many as twelve days. N. 2 D2 404 BURNET'S REFORMATION. was a great sanctuary when the Scots made inroads : and so he thought that the continuing of it might be of great use to the King. He added in that letter, " That he did carefully silence all the preachers of novelties. But some of these boasted, that they would shortly have licenses from the King, as he heard they had already from the Archbishop of Canterbury; but he desired Cromwell to prevent that mischief." This is all that I find of him. There is a pardon granted to Stokesley, bishop of London, on the 3d of July, in the thirtieth year of his reign, being this year, for having acted by commis- sion from Rome, and sued out bulls from thence. If these crimes were done before the separation from Rome, they were remitted by the general pardon. If he took a particular pardon, it seems strange that it was not enrolled till now. But I am apt to believe it was rather the omission of a clerk, than his being guilty of such a transgression about this time; for I see no cause to think the King would have pardoned such a crime in a bishop in those days. All that party had now, by their compliance and submission, gained so much on the King, that he began to turn more to their counsels than he had done of late years. Gardiner was returned from France, where he had been ambassador for some years : he had been also in the Emperor's court, and there were violent presump- tions that he had secretly reconciled himself to the Pope, and entered into a correspondence with him. For one of the legate's servants discoursed of it at Ratisbone, to one of Sir Henry Knevet's retinue (who was joined in the embassy with Gardiner), whom he took to be Gardiner's servant, and with whom he had an old acquaintance. The matter was traced, and Knevet spoke with the Italian that had first let it fall, and was persuaded of the truth of the thing: but Gardiner smelling it out, said, that Italian, upon whose testimony the whole matter depended, was cor- rupted to ruin him ; and complained of it to the Em- peror's chancellor, Granvel: upon which Ludovico (that was the Italian's name) was put in prison. And PART I. BOOK III. 405 it seems the King either looked on it as a contrivance of Gardiner's enemies, or at least seemed to do so, for he continued still to employ him. Yet, on many oc- casions, he expressed great contempt of him, and used him not as a counsellor, but as a slave. But he was a man of great cunning, and had observed the King's temper exactly, and knew well to take a fit occasion for moving the King in any thing, and could improve it dexterously. He therefore represented to the King, Gardiner that nothing would so secure him, both at home and l^ abroad, against all the mischief the Pope was con- a s ainst , triving, as to shew great zeal against heretics, chiefly eaiua the sacramentaries (by that name they branded all t^" s en " that denied the corporal presence of Christ in the eucharist). And the King, being all his life zealous for the belief of the corporal presence, was the more easily persuaded to be severe on that head: and the rather, because the princes of Germany, whose friend- ship was necessary to him, being all Lutherans, his proceedings against the sacramentaries would give them no offence. An occasion at that time presented itself as oppor- And Lm- tunely as they could have wished; one John Nichol- ^ c ^ ; pa son, alias Lambert, was then questioned by the Arch- bishop of Canterbury for that opinion. He had been minister of the English company at Antwerp; where, being acquainted with Tindal and Frith, he improved that knowledge of religion, which was first infused in him by Bilney: but Chancellor More ordered the merchants to dismiss him; so he came over to Eng- land, and was taken by some of Archbishop War- ham's officers, and many articles were objected to him. But Warham died soon after, and the change of coun- sels that followed occasioned his liberty. So he kept a school at London; and hearing Dr. Taylor, after- wards bishop of Lincoln, preach of the presence of Christ in the sacrament, he came to him upon it, and offered his reasons, why he could not believe the doc- trine he had preached: which he put in writing, di- gesting them into ten arguments. Taylor shewed this to Dr. Barnes, who, as he was bred among the Lu- appealed to the 406 BURNET'S REFORMATION. therans, so had not only brought over their opinions, but their temper with him : he thought, that nothing would more obstruct the progress of the Reformation than the venting that doctrine in England. There- fore Taylor and he carried the paper to Cranmer, who was, at that time, also of Luther's* opinion, which he had drunk in from his friend Osiander. Latimer was of the same belief. So Lambert was brought before , had them, and they studied to make him retract his paper : but all was in vain; for Lambert, by a fatal resolu- tion, appealed to the King. This Gardiner laid hold on, and persuaded the King to proceed solemnly and severely in it. The King was soon prevailed with, and both interest and vanity concurred to make him improve this opportu- nity for shewing his zeal and learning. So letters were written to many of the nobility and bishops, to come and see this trial; in which the King intended to sit in person, and to manage some part of the ar- gument. In November, on the day that was prefixed, there was a great appearance in Westminster Hall of the bishops and clergy, the nobility, judges, and the King's council ; with an incredible number of spec- tators. The King's guards were all in white, and so was the cloth of state. And was When the prisoner was brought to the bar, the trial was opened by a speech of Dr. Dayes, which was to this effect: " That this assembly was not at all con- vened to dispute about any point of faith ; but that the King, being supreme head, intended openly to condemn and confute that man's heresy in all their presence." Then the King commanded him to de- clare his opinion about the sacrament. To which Lambert began his answer, with a preface, acknow- ledging the King's great goodness, that he would thus hear the causes of his subjects, and commending his great judgment and learning. In this the King interrupted him, telling him, in Latin, that he came * Cranmer, at his trial, being asked what doctrine he taught concerning this sacrament, when he condemned Lambert the sacramentary, expressly says, " I maintained then the papists' doctrine." Fox, vol. iii. p. 656. Nor could he well otherwise have argued against Lambert as he then did. PART I. BOOK III. 407 not there to hear his own praises set forth ; and therefore commanded him to speak to the matter. This he uttered with a stern countenance; at which Lambert being a little disordered, the King asked him again, Whether was Christ's body in the sacrament A or not ? He answered in the words of St. Austin, " It b was his body in a certain manner." But the King hi bade him answer plainly, Whether it was Christ's body or not? So he answered, " That it was not his body." Upon which the King urged him with the words of Scripture, "This is my body;" and then he commanded the Archbishop to confute his opinion, who spoke only to that part of it which was grounded on the impossibility of a body's being in two places at once. And that he confuted from Christ's appear- ing to St. Paul; shewing, that though he is always in heaven, yet he was seen by St. Paul in the air. But Lambert affirmed, that he was then only in heaven ; and that St. Paul heard a voice, and saw a vision, but not the very body of Christ. Upon this they disputed for some time : in which, it seems, the Bishop of Winchester thought Cranmer argued but faintly, for he interposed in the argument. Tonstal's arguments run all upon God's omnipo- tency, that it was not to be limited by any appearances of difficulties, which flowed from our want of a right understanding of things; and our faculties being weak, our notions of impossibilities were proportioned to these. But Stokesley thought he had found out a de- monstration that might put an end to the whole con- troversy; for he shewed, that in nature we see one sub- stance changed into another, and yet the accidents re- main. So, when water is boiled till it evaporates into air, one substance is changed into another; and mois- ture that was the accident remains, it being still moist. This (as one of the eye-witnesses relates) was received with great applause ; and much joy appeared in the Bishop's looks upon it. But whether the spectators could distinguish well between laughter for joy, and a scornful smile, I cannot tell: for certainly this crotchet must have provoked the latter rather, since 408 BURNET'S REFORMATION. it was a sophism not to be forgiven any above a ju- nior sophister; thus from an accidental conversion, where the substance was still the same, only altered in its form and qualities (according to the language of that philosophy which was then most in vogue), to infer a substantial mutation, where one substance was annihilated, and anew one produced in its place. But these arguments it seems disordered Lambert somewhat; and either the King's stern looks, the variety of the disputants, ten, one after another, en- gaging with him, or the greatness of the presence, with the length of the action, which continued five hours, put him in some confusion: it is not improbable but they might, in the end, bring him to be quite silent. This, one that was present, said, flowed from his being spent and wearied ; and that he saw what he said was little considered : but others ascribed it to his being confounded with the arguments that were brought against him. So the general applause of the hall gave the victory on the King's side. When he was thus silent, the King asked him, If he was con- vinced by these arguments, and whether hewould live or die? He answered, "That he committed his soul to God, and submitted his body to the King's cle- mency.' 5 But the King told him, if he did not recant he must die, for he would not be a patron of heretics; and since he would not do that, the King ordered Cromwell to read the sentence (which he, as the King's vicegerent, did), declaring him an incorrigible He is con- heretic, and condemning him to be burnt. Which was demned, ' 1 . _, i / i i i * soon after executed in bmithneld, in a barbarous man- ner; for, when his legs and thighs were burnt to the stumps, there not being fire enough to consume the rest of him suddenly, two of the officers raised up his body on their halberds, he being yet alive, and crying out, " None but Christ, none but Christ!" and then they let him fall down into the fire, where he was And umt. quickly consumed to ashes. He was a learned and good man. His answers to the articles objected to him by Warham, and a book, which in his imprison- ment he wrote for justifying his opinion, which he PART I. BOOK III. 409 directed to the King, do shew both great learning for those times, and a very good judgment. This being done, the party that opposed the Re- formation persuaded the King, that he had got so much reputation to himself by it, that it would ef- fectually refute all aspersions which had been cast on him, as if he intended to change the faith: neither did they forget to set on him in his weak side, and magnify all that he had said, as if the oracle had ut- tered it; by which, they said, it appeared he was in- deed a defender of the faith, and the supreme head of the church. And he had so good a conceit of what was then done, that he intended to pursue these se- verities further; and therefore, soon after, he resolved on summoning a parliament, partly for confirming what he had done, and completing what remained to be done further, in the suppression of the monaste- ries ; and likewise for making a new law for punishing some opinions, which were then spreading, about the sacrament, and some other articles, as will soon appear. Now the Archbishop of Canterbury's interest at ne pp isl > court suffered a great diminution. His chief friend grom^a" among the bishops was Fox, bishop of Hereford, who conrt< was much esteemed and employed by the King. He was a privy-counsellor, and had been employed in a negotiation with the princes of Germany, to whom he was a very acceptable minister. They proposed that the King would receive the Augsburg Confession, except in such things as should be altered in it by common consent, and defend it in a free council, if any such were called; and that neither of them should acknowledge any council called by the Pope : that the King should be called the patron of their league, and they should mutually assist one another, the King giving one hundred thousand crowns a year towards the defence of the league. The Bishop of Winchester, being then in France, did much dissuade the King from making a religious league with them; against which he gave some plausi- ble politic reasons, for his conscience never struggled with a maxim of state. But the King liked most of 410 BURNET'S REFORMATION. The King's the propositions ; only he would not accept the title spondence of defender of their league, till some differences in with the t ne d oc trine were agreed. So they were to have sent German . O . lli/ri i princes, over Sturmius as their agent; and Melancthon, Bucer, and George Draco, to confer with the King's divines. But, upon Queen Anne's fall, this vanished ; and though the King entered into a civil league with them, and had frequently a mind to bring over Me- lancthon, for whom he had a great value, yet it never took effect. There were three things in which the Germans were more positive than in any other point of reformation : these were, the communion in both kinds, the worship in a known tongue, and an allow- ance for the marriage of the clergy. All the people had got these things in their heads ; so that it was generally believed, that if the Pope had in time con- sented to them, the progress of the Reformation had been much stopped. The express words of the in- stitution, and the novelty of the contrary practice, had engaged that nation very early for communion in both kinds. Common sense made them all desire to un- derstand what they did and said in the worship of God ; and the lewd and dissolute practices of the un- married clergy were so public, that they thought the honour of their families, of which that nation is ex- tremely sensible, could not be secured, unless the clergy might have wives of their own. But at these the King stuck more than at other things that were more disputable: for in all other points that were ma- terial, he had set up the doctrine of the Augsburg Confession ; and there was good ground to hope that the evidence of at least two of these would have brought over the King to a fuller agreement, and firmer union, with them.* But the Bishop of Here- Bonner's ford's death gave a great blow to that design. For i^ion. a though that party thought they had his room well filled, when they had got Bonner to be his successor; yet they found afterwards what a fatal mistake they committed, in raising him now to Hereford, and trans- lating him, within a few months, to London, vacant * See addenda at the end of this volume. PART I. BOOK III. 411 by Stokesley's death. But during the vacancy of the collect, see of Hereford, Cranmer held a visitation in it, Nnmb> "' where he left some injunctions (to be found in the Collection), which chiefly related to the encouraging of reading the Scriptures, and giving all due obedi- ence to the King's injunctions. For the other bishops that adhered to Cranmer, they were rather clogs than helps to him. Latimer's simplicity and weakness made him be despised : Shaxton's proud and litigious humour- drew hatred on him : Barlow was not very discreet; and many of the preachers whom they che- rished, whether out of an unbridled forwardness of temper, or a true zeal, that would not be managed and governed by politic and prudent measures, were flying at many things that were not yet abolished. Many complaints were brought of these to the King. Upon which, letters were sent to all the bishops, in the King's name, to take care, that as the people should be instructed in the truth, so they should not be unwarily charged with too many novelties ; since the publishing these, if it was not tempered with great discretion, would raise much contention, and other inconveniences, that might be of dangerous con- sequence. But it seems this caveat did not produce what was designed by it ; or, at least, the opposite party were still bringing in new complaints: for I have seen an original letter of Cromwell's to the Bishop of Landaff, bearing date the 6th of January, coii*. in which he makes mention of the King's letters,* sent Numb ' 1S to that purpose, and requires him to look to the exe- cution of them, both against the violence of the new preachers, and against those that secretly carried on the pretended authority of the Bishop of Rome ; otherwise he threatens to proceed against him in an- other manner. All these things concurred to lessen Cranmer's interest in the court; nor had he any firm friend there but Cromwell, who was also careful to preserve himself: there was not a queen now in the King's bosom to favour their motions. Queen Jane had been their friend, though she came in Anne Bo- See addenda at the end of the volume. 412 BURNET'S REFORMATION. leyn's room, that had supported them most. The King was observed to be much guided by his wives, as long as they kept their interest with him. There- fore Cromwell thought the only way to retrieve a de- sign that was almost lost, was to engage the King in an alliance with some of the princes of Germany ; from whence he had heard much of the beauty of the Lady Anne of Cleves, the Duke of Cleves' sister, whose eldest sister was married to the Duke of Saxony. 1538. But while he was setting this on foot, a parliament ptrha" was summoned to met the 28th of April : to which mem. Q}\ t ne parliamentary abbots had their writs. The Abbots of Westminster, St. Albans, St. Mary, York, Glastenbury, Glocester, Ramsey, Evesham, Peter- borough, Reading, Malmesbury, Croyland, Selby, Thorny, Winchelcomb, Waltham, Cirencester, Tewkesbury, and Colchester sat in it. On the 5th of May, the Lord Chancellor acquainted them, that the King, being most desirous to have all his subjects of one mind in religion, and to quiet all controversies about it, had commanded him to move to them, that a committee might be appointed for examining these different opinions, and drawing up articles for an agreement, which might be reported and considered by the House. To this the Lords agreed ; and named for a committee, Cromwell, the vicegerent, the two Archbishops, the Bishops of Duresme, Bath and Wells, Ely, Bangor, Carlisle, and Worcester : who were ordered to go about it with all haste, and were dispensed with for their attendance in the House, till they had ended their business. But they could come to no agreement ; for the Archbishop of Canterbury, having the Bishops of Ely and Worcester to second him, and being favoured by Cromwell, the other five could carry nothing against them : nor would either party yield to the other ; so that eleven days passed in these debates. The su On the 16th of May the Duke of Norfolk told the ar7 pro- Lords, that the committee that was named had made posed ' no progress, for they were not of one mind ; which some of the Lords had objected, when they were first PART I. BOOK III. 413 named. Therefore he offered some articles to the Lords' consideration, that they might be examined by the whole House, and that there might be a per- petual law made for the observation of them, after the Lords had freely delivered their minds about them. The articles were : " First, Whether in the eucharist Christ's real body was present without any transubstantiation ?" (so it is in the Journal, absque transubstantiatione.} It seems, so the corporal presence had been established, they would have left the manner of it indefinite. " Secondly, Whether that sacrament was to be given to the laity in both kinds ? "Thirdly, Whether the vows of chastity, made either by men or women, ought to be observed by the law of God ? " Fourthly, Whether, by the law of God, private masses ought to be celebrated ? " Fifthly, Whether priests, by the law of God, might marry ? " Sixthly, Whether auricular confession were ne- cessary, by the law of God ?" Against these the Archbishop of Canterbury argued long. For the first, he was then in his opinion a Lu- theran, so he was not like to say much against it. But certainly he opposed the second much ; since there was not any thing for which those with whom he held correspondence were more earnest, and seemed to have greater advantages, both from Christ's own words in the institution, and the constant practice of the church for twelve years. For the third, it seemed very hard to suppress so many monasteries, and set the religious persons at liberty, and yet bind them up to chastity. That same parliament, by another act, absolved them from their vow of poverty, giving them power to purchase lands : now it was not reasonable to bind them up to some parts of their vows, when they absolved them from the rest. And it was no ways prudent to bind them up from marriage, since, as long as they continued in that state, they were still capable to re-enter into their 414 BURNET'S REFORMATION. monasteries, when a fair occasion should offer; whereas they, upon their marrying, did effectually lay down all possible pretensions to their former houses. For the fourth, the asserting the necessity of pri- vate masses was a plain condemnation of the King's proceedings, in the suppression of so many religious houses, which were societies chiefly dedicated to that purpose. For if these masses did profit the souls departed, the destroying so many foundations could not be justified. And for the living, these private masses were clearly contrary to the first institution, by which that which was blessed and consecrated was to be distributed : and it was to be a communion, and so held by the primitive church, which admitted none, so much as to see the celebration of the sacra- ment, but those who received it; laying censures upon such as were present at the rest of that office, and did not stay and communicate. For the fifth, it touched Cranmer to the quick, for he was then married. The Scripture did in no place enjoin the celibate of the clergy. On the contrary, Scripture speaks of their wives, and gives the rules of their living with them. And St. Paul, in express words, condemns all men's leaving their wives, with- out exception ; saying, " That the man hath not power over his own body, but the wife." In the pri- mitive church, though those that were in orders did not marry, yet such as were married before orders kept their wives ; of which there are many instances : and when some moved, in the council of Nice, that all that had been married, when they entered into orders, should put away their wives, it was rejected ; and ever since the Greek churches have allowed their priests to keep their wives : nor was it ever com- manded in the western church, till the popes began their usurpation. Therefore, the prohibition of it being only grounded on the papal constitutions, it was not reasonable to keep it up, since that authority on which it was built was now overthrown. What was said concerning auricular confession,* * See Addenda at the end of this volume. PART I. BOOK III. 415 I cannot so easily recover. For though Cranmer ar- gued three days against these articles, I can only ga- ther the substance of his arguments from what him- self wrote on some of these heads afterwards : for nothing remains of what passed there, but what is conveyed to us in the Journal, which is short and defective. On the 24th of May the parliament was prorogued to the 30th ; upon what reason it does not appear. It was not to set any of the bills backward ; for it was agreed, that the bills should continue in the state in which they were then, till their next meeting. When they met again, on the 30th of May, being Friday, the Lord Chancellor intimated to them, that not only the spiritual lords, but the King himself, had taken much pains to bring things to an agreement, which was eifected. Therefore he moved, in the King's name, that a bill might be brought in for punishing such as offended against these articles. So the Lords ap- pointed the Archbishop of Canterbury, the Bishops of Ely and St. David's, and Dr. Petre, a master of Chancery (afterwards secretary of state), to draw one bill ; and the Archbishop of York, the Bishops of Duresme and Winchester, and Dr. Tregonnel, an- other master of Chancery, to draw another bill about it ; and to have them both ready, and to offer them to the King by Sunday next. But the bill that was drawn by the Archbishop of York, and those with him, was best liked : yet it seems the matter was long contested, for it was not brought to the House before the 7th of June ; and then the Lord Chancellor of- fered it, and it was read the first time. On the 9th of June it had the second reading, and on the 10th it was engrossed, and read the third time. But when it passed, the King desired the Archbishop of Can- terbury to go out of the House, since he could not give his consent to it ; but he humbly excused him- self, for he thought he was bound in conscience to stay and vote against it. It was sent down to the House of Commons, where it met with no great op- position ; for on the 14th it was agreed to, and sent 416 BURNET'S REFORMATION. up again : and on the 28th it had the force of a law by the royal assent. AD act The title of it was, " An act for abolishing diversity passed for ,, . . . . . -, . / ~, 1 . . J them. ot opinions m certain articles concerning Christian religion." It is said in the preamble, "That the King, considering the blessed effects of union, and the mischiefs of discord, since there were many dif ferent opinions, both among the clergy and laity, about some points of religion, had called this parlia- ment, and a synod at the same time, for removing these differences, where six articles were proposed, and long debated by the clergy : and the King him- self had come in person to the parliament and coun- cil, and opened many things of high learning and great knowledge about them : and that he, with the assent of both houses of parliament, had agreed on the following articles : First, That in the sacrament of the altar, after the consecration, there remained no substance of bread and wine, but under these forms the natural body and blood of Christ were present. Secondly, That communion in both kinds was not necessary to salvation to all persons by the law of God ; but that both the flesh and blood of Christ were together in each of the kinds. Thirdly, That priests, after the order of priesthood, might not marry by the law of God. Fourthly, That vows of chastity ought to be observed by the law of God. Fifthly, That the use of private masses ought to be continued ; which, as it was agreeable to God's law, so men re- ceived great benefit by them. Sixthly, That auricular confession was expedient and necessary, and ought to be retained in the church. The parliament thanked the King for the pains he had taken in these articles : and enacted, That if any, after the 12th of July, did speak, preach, or write against the first article, they were to be judged heretics, and to be burnt without any abjuration, and to forfeit their real and personal estates to the King. And those who preached, or obstinately disputed against, the other articles, were to be judged felons ; and to suffer death as felons, without benefit of clergy. And those who, either in PART vl. BOOK III. 417 word or writing, spake against them, were to be pri- soners during the King's pleasure, and forfeit their goods and chattels to the King, for the first time : and if they offended so the second time, they were to suffer as felons. All the marriages of priests are de- clared void ; and if any priest did still keep any such woman, whom he had so married, and lived familiarly with her, as with his wife, he was to be judged a felon : and if a priest lived carnally with any other woman, he was, upon the first conviction, to forfeit his benefices, goods, and chattels, and to be imprisoned during the King's pleasure ; and upon the second conviction was to suffer as a felon. The women so offending, were also to be punished in the same man- ner as the priests ; and those who contemned, or ab- stained from confession, or the sacrament, at the accustomed times, for the first offence were to forfeit their goods and chattels, and be imprisoned ; and for the second, were to be adjudged of felony. And for the execution of this act, commissions were to be issued out to all archbishops and bishops, and their chancellors and commissaries, and such others in the several shires, as the King should name, to hold their sessions quarterly, or oftener ; and they were to pro- ceed upon presentments, and by a jury. Those com- missioners were to swear, that they should execute their commission indifferently, without favour, affec- tion, corruption, or malice. All ecclesiastical incum- bents were to read this act in their churches once a quarter. And in the end, a proviso was added, con- cerning vows of chastity : that they should not oblige any, except such as had taken them at or above the age of twenty-one years ; or had not been compelled to take them." This act was received, by all that secretly favoured which popery, with great joy ; for now they hoped to be 1*^ revenged on all those who had hitherto set forward a reformation. It very much quieted the bigots ; who were now persuaded that the King would not set up heresy, since he passed so severe an act against it ; and it made the total suppression of monasteries go the VOL. 1. 2 E 418 BURNET'S REFORMATION. more easily through. The popish clergy liked all the act very well, except that severe branch of it against their unchaste practices. This was put in by Crom- well to make it cut with both edges. (Some of our inconsiderate writers, who never perused the statutes, tell us that it was done by a different act of parlia- ment ; but greater faults must be forgiven them who write upon hearsay.) There was but one comfort that the poor reformers could pick out of the whole act that they were not left to the mercy of the clergy, and their ecclesiastical courts, but were to be tried by a jury; where they might expect more candid and gentle dealing. Yet the denying them the benefit of abjuration, was a severity beyond what had ever been put in practice before : so now they began to prepare for new storms and a heavy persecution. An act The other chief business of this parliament was the about . ., . T i i the sup. suppression ot monasteries. It is said in the preamble of e the n of that act, " That divers abbots, priors, and other greater: heads of religious houses, had, since the 4th of Fe- IQODtlStC" " ne. bruary, in the twenty-seventh year of the King's reign, without constraint, of their own accord, and accord- ing to the due course of the common law, by sufficient writings of record, under their covent-seals, given up their houses, and all that belonged to them, to the King. Therefore, all houses that were, since that time, suppressed, dissolved, relinquished, forfeited, or given up, are confirmed to the King and his succes- sors for ever : and all monasteries that should there- after be suppressed, forfeited, or given up, are also confirmed to the King and his successors. And all these houses, with the rents belonging to them, were to be disposed of by the court of Augmentations, for the King's profit ; excepting only such as were come into the King's hands by attainders of treason, which belonged to the Exchequer : reserving to all persons, except the patrons, founders, and donors of such houses, the same right to any parts of them, or juris- diction in them, which they could have claimed if that act had never been made. Then followed many clauses for annulling all deeds and leases, made PART I. BOOK III. 419 within one year before the suppression of any reli- gious house, to the prejudice of it, or different from what had been granted formerly. And all churches or chapels, which belonged to these monasteries, and were formerly exempted from the visitation or juris- diction of their ordinary, are declared to be within the jurisdiction of the bishop of the diocess, or of any other that should be appointed by the King." This act passed in the House of Peers, without any protestation made by any of the abbots, though it appears by the Journal, that, at the first reading of it, there were eighteen abbots present ; at the second reading twenty, and seventeen at the third reading ; and the Abbots of Glastenbury, Colchester, and Read- ing, were among those who were present : so little reason there is to think they were attainted for any open withstanding of the King's proceedings, when they did not protest against this act, which was so plainly levelled at them. It was soon dispatched by the Commons, and offered to the royal assent. By it, no religious houses were suppressed, as is gene- rally taken for granted ; but only the surrenders, that either had been, or were to be, made were confirmed. The last proviso, for annulling all exemptions of churches and chapels, had been a great happiness to the church, if it had not been for that clause, " That the King might appoint others to visit them ;" which, in a great degree, did enervate it. For many of those who afterwards purchased these lands, with the im- propriated tithes, got this likewise in their grants, that they should be the visitors of the churches and chapels formerly exempted ; from whence, great disorders have since followed in these churches, which, not falling within the bishop's jurisdiction, are thought not liable to his censures ; so that the incumbents in them, being under no restraints, have often been scan- dalous to the church, and given occasion to those who were disaffected to the hierarchy, to censure the prelates for these offences, which they could not pu- nish ; since the offenders were thus excepted out of their jurisdiction. This abuse, which first sprang 2 E 2 420 BURNET'S REFORMATION. from the ancient exemptions that were confirmed or granted by the see of Rome, has not yet met with an effectual remedy. Upon the whole matter, this suppression of abbeys was universally censured ; and, besides the common exceptions which those that favoured the old super- stition made, it was questioned, whether the lands that formerly belonged to religious houses, ought to have returned to the founders and donors, by way of revertir, or to have fallen to the lords of whom the lands were holden, by the way of escheat, or to have come to the crown ? It is true, by the Roman law, or at least by a judgment of the senate in Theodo- sius's time, the endowments of the heathenish temples were, upon a full debate, whether they should return to the right heirs or be confiscated ? in the end ad- judged to the fisc, or the Emperor's exchequer ; upon this reason, that, by the will of the donors, they were totally alienated from them and their heirs. But in England it went otherwise. And when the order of the knights templars was dissolved, it was then judged in favour of the lord by escheat.* For, though the founders and donors had totally alienated these lands from themselves and their heirs, yet there was no reason, from thence, to conclude any thing that might wrong the superior lord of his right in the case of an escheat. And this must have held good, if those alienations and endowments had been abso- lute without any condition. But the endowments being generally rather of the nature of covenants and contracts, and made in consideration of so many masses to be said for their souls, then it was most just, that, upon a non-performance of the condition, and when that public error and cheat, which the monks had put upon the world, was discovered, the land should have returned to the founders and pa- trons, and their heirs and successors. Nor was there any grounds for the lords to pretend to them by es- By the statute de Terris Templariorum, neither the king nor the lords were to have by escheat the lands that were the templars' ; but those lands were to remain to the prior and brethren of the order of the hospital of St. John of Jerusalem. PART I. BOOK III. 421 cheat, especially where their ancestors had consented to, and confirmed those endowments. Therefore, there was no need of excluding them by any special proviso. But, for the founders and donors, certainly, if there had not been a particular proviso made against them, they might have recovered the lands which their ancestors had superstitiously given away ; and the surrenders which religious persons made to the crown, could not have cut off that title. But this act did that effectually. It is true, many of the greatest of them were of royal foundation, and these would have returned to the crown without dispute. On the 23d of May, in this session of parliament, Another a bill was brought in by Cromwell, for giving the "rating 6 King power to erect new bishopricks, by his letters- patents. It was read that day for the first, second, and third time ; and sent down to the Commons. The preamble of it was, " That it was known what slothful and ungodly life had been led by those who were called religious. But that these houses might be converted to better uses ; that God's word might be better set forth, children brought up in learning, clerks nourished in the universities, and that old de- cayed servants might have livings; poor people might have alms-houses to maintain them ; readers of Greek, Hebrew, and Latin, might have good stipends; daily alms might be ministered, and allowance might be made for mending of the highways, and exhibitions for ministers of the church ; for these ends, if the King thought fit to have more bishopricks or cathe- dral churches erected out of the rents of these houses, full power was given to him to erect, and found them ;* and to make rules and statutes for them, and such translations of sees, or divisions of them, as he thought fit." But on this act I must add a singular remark. The preamble and material parts of it, were drawn by the King himself, and the first draught of it, under his hand, is yet extant; which shews his extraordinary application and understanding of busi- ness. But in the same paper there is a list of the * See Addenda at the end of the volume. 422 BURNET'S REFORMATION. The King's design about these. sees which he intended to found ; of which, what was done afterwards came so far short, that I know nothing to which it can be so reasonably imputed, as the declining of Cranmer's interest at court ; who had proposed the erecting of new cathedrals and sees, with other things mentioned in the preamble of the statute, as a great mean for reforming the church. The sees which the King .then designed, with the abbeys out of which they were to be erected, follow, as it is in the paper under the King's own hand : Essex, Hartford, Bedfordshire and Buckinghamshire, Oxford and Berk- shire, Northampton and Huntington, Middlesex, Leicester and Rut- land, Gloucestershire, Lancashire, Suffolk, Stafford and Salop, Nottingham and Derby, Cornwall, Waltham. St. Alban's. Dunstable, Newenham, Clowston. > Osnay and Tame. > Peterborough. Westminster. > Leicester. St. Peter's. 7 Fountains and the arch- 3 deaconry of Richmond. Edmundsbury. Shrewsbury. 7 Welbeck, Werksop, 3 Thurgarton. } Lanceston, Bedmynne, \ Wardreth. Over these is written, " The bishopricks to be made." In another corner of the page he writes as follows : " Places to be altered according to our device, which have sees in them. Christ's Church in Can- terbury, St. Swithin's, Ely, Duresme, Rochester, with a part of Leeds, Worcester, and all others having the same." Then a little below : " Places to be al- tered into colleges and schools : Burton super Trent." More is not written in that paper. But I wonder PART I. BOOK III. 423 much, that in this list Chester was forgotten. Yet it was erected before any of them. For I have seen a commission under the privy-seal, to the Bishop of Chester, to take the surrender of the monastery of Hammond in Shropshire, bearing date the 24th of August, this year. So it seems, the see of Chester was erected and endowed before the act passed, though there is among the rolls a charter for endow- ing and founding of it afterwards. Bristol is not mentioned in this paper, though a see was afterwards erected there. It was not before the end of the next year that these sees were founded ; and there was in that interval so great a change made, both of the counsels and ministers, that no wonder the things now designed were never accomplished. Another act passed in this parliament, concerning An * the obedience due to the King's proclamations. There ^K i had been great exceptions made to the legality of the P l King's proceedings, in the articles about religion, and other injunctions published by his authority, which were complained of as contrary to law ; since by these the King had, without consent of parliament, altered some laws, and had laid taxes on his spiritual subjects. Upon which an act passed, which sets forth in the preamble, " the contempt and disobedience of the King's proclamations, by some who did not consider what a king by his royal power might do ; which, if it continued, would tend to the disobedience of the laws of God, and the dishonour of the King's Majesty, (who may full ill bear it.) Considering also, that many occasions might require speedy remedies, and that delaying these till a parliament met might occasion great prejudices to the realm ; and that the King, by his royal power given of God, might do many things in such cases ; therefore it is enacted, that the King for the time being, with advice of his council, might set forth proclamations with pains and penalties in them, which were to be obeyed as if they were made by an act of parliament. But this was not to be so extended, that any of the King's subjects should suffer in their estates, liberties, or persons by virtue of it : nor that, 424 BURNET'S REFORMATION. by any of the King's proclamations, laws or customs were to be broken and subverted." Then follow some clauses about the publishing of proclamations, and the way of prosecuting those who contemned and dis- obeyed them. It is also added, " that if any offended against them, and in further contempt went out of the realm, he was to be adjudged a traitor. This also gave power to the counsellors of the King's successor, if he were under age, to set forth proclamations in his name, which were to be obeyed in the same manner with those set forth by the King himself." This act gave great power to the judges, since there were such restrictions in some branches of it, which seemed to lessen the great extent of the other parts of it ; so that the expositors of the law had much referred to them. Upon this act were the great changes of religion in the nonage of Edward the Sixth grounded. There is another act, which but collaterally belongs to ecclesiastical affairs, and therefore shall be but slightly touched. It is the act of the precedency of the officers of state, by which the Lord Vicegerent has the precedence of all persons in the kingdom next the royal family ; and on this I must make one remark, which may seem very improper for one of my profes- sion, especially when it is an animadversion on one of the greatest men that any age had produced the most learned Mr. Selden. He, in his Titles of Honour, says, " That this statute was never printed in the Statute-Book, and but incorrectly by another ; and, that therefore he inserts it literally, as it is in the Record." In which there are two mistakes. For it is printed in the Statute-Book, that was set out in that King's reign, though left out in some later Statute- Books ; and that which he prints, is not exactly accord- ing to the Record. For, as he prints it, the Bishop of London is not named in the precedency; which is not according to the Parliament-Roll, in which the Bishop of London has the precedence next the Archbishop of York ; and though this is corrected in a posthumous edition, yet in that set out by himself, it is wanting : nor is that omission among the errors of the press, for PART I. BOOK III. 425 though there are many of these gathered to be amend- ed, this is none of them. This I do not take notice of * out of any vanity, or humour of censu ring a man so great in all sorts of learning ; but my design is only to let in- genuous persons see, that they ought not to take things on trust easily, no, not from their greatest authors. These are all the public acts that relate to religion, som. which were passed in this parliament. With these there der passed an act of attainder of the Marquis of Exeter, and the Lord Montacute, with many others, that were either found to have had a great hand in the late rebel- lion, or were discovered to hold correspondence with Cardinal Pole, who was then trafficking with foreign princes, and projecting a league among them against the King. But of this I shall give a more full account at the end of this book ; being there to open the grounds of all the attainders that were passed in these last years of the King's reign. There is one remark- able thing that belongs to this act. Some were to be attainted in absence; others they had no mind to bring to make their answer, but yet designed to attaint them. Such were the Marchioness of Exeter, and the Countess of Sarum, mother to Cardinal Pole, whom, by a gross mistake, Speed fan- cies to have been condemned without arraignment or trial, as Cromwell had been by parliament : for she was now condemned a year before him. About the justice of doing this, there was some debate ; and to clear it, Cromwell sent for the judges, and asked their opinions, whether a man might be attainted in par- liament without being brought to make his answer? They said, it was a dangerous question. That the par- liament ought to be an example to all inferior courts; and that when any person was charged with a crime, he, by the common rule of justice and equity, should be heard to plead for himself. But the parliament being the supreme court of the nation, what way soever they proceeded, it must be good in law ; arid it could never be questioned, whether the party was brought to answer or not. And thus a very ill precedent was made, by which the most innocent person in the 426 BURNET'S REFORMATION. world might be ruined. And this, as has often been observed in the like cases, fell very soon heavily on the author of the counsel ; as shall appear. The King's When the parliament was prorogued on the 28th of c^mer. June, the King apprehending that the Archbishop of Antiq.Bnt. Canterbury might be much cast down with the act for cran. the six Articles, sent for him and told him, that he had heard how much, and with what learning he had argued against it, and therefore he desired he would put all his arguments in writing, and bring them to him. Next day he sent the Dukes of Norfolk and Suffolk, and the Lord Cromwell, to dine with him : ordering them to assure him of the King's constant and unshaken kindness to him, and to encourage him all they could. When they were at table with him at Lambeth, they ran out much on his commendation, and acknowledged he had opposed the act with so much learning, gravity, and eloquence, that even those that dif- fered from him were much taken with what he said; and that he needed fear nothing from the King. Cromwell saying, that this difference the King put between him and all his other counsellors; that when complaints were brought of others, the King received them, and tried the truth of them ; but he would not so much as hearken to any complaint of the Archbishop. From that he went on to make a parallel between him and Cardinal Wolsey : that the one lost his friends by his haughtiness and pride, but the other gained on his enemies by his gentleness and mildness. Upon which the Duke of Norfolk said, he might best speak of the Cardinal, for he knew him well, having been his man. This nettled Cromwell, who answered, that though he had served him, yet he never liked his man- ners : and that, though the Cardinal had designed, (if his attempt for the popedom had been successful,) to have made him his admiral ; yet he had resolved not to accept of it, nor to leave his country. To which the Duke of Norfolk replied, with a deep oath, " that he lied ;" with other reproachful language. This troubled Cranmer extremely, who did all he could to quiet and reconcile them. But now the enmity PART I. BOOK III. 427 between those two great ministers broke out to that height, that they were never afterwards hearty friends. But Cranmer went about that which the King had cnwme commanded : and made a book of the reasons that led J^, him to oppose the six Articles: in which the places a k gam5 ' i o i P 1 the six out ot the bcnptures, the authorities ot the ancient <=!< doctors, with the arguments drawn from these, were all digested in a good method. This he commanded his Secretary to write out in a fair hand, that it might be given the King. The Secretary, returning with it from Croydon, where the Archbishop was then, to Lambeth, found the key of his chamber was carried away by the Archbishop's Almoner : so that he, being obliged to go over to London, and not daring to trust the book to any other's keeping, carried it with himself; where both he and the book met with an unlooked-for encounter. Some others, that were with him in the wherry, would needs go to the Southwark side, to look on a bear-baiting that was near the river, where the King was in person. The bear broke loose into the river, and the dogs after her. They that were in the boat leaped out, and left the poor Secretary alone there. But the bear got into the boat, with the dogs about her, and sunk it. The Secretary, apprehending his life was in danger, did not mind his book, which he lost in the water : but being quickly rescued and brought to land, he began to look for his book, and saw it floating in the river. So he desired the bear- ward to bring it to him ; who took it up : but, before he would restore it, put it into the hands of a priest that stood there, to see what it might contain. The priest, reading a little in it, found it a confutation of the six Articles ; and told the bearward, that whoso- ever claimed it, would be hanged for his pains. But the Archbishop's Secretary, thinking to mend the matter, said it was his Lord's book. This made the bearward more intractable, for he was a spiteful papist, and hated the Archbishop : so that no offers nor en- treaties could prevail with him to give it back. Where- upon Morice (that was the Secretary's name) went and opened the matter to Cromwell the next day: Crom- 428 BURNET'S REFORMATION. well was then going to court, and he expected to find the bearward there, looking to deliver the book to some of Cranmer's enemies ; he therefore ordered Morice to go along with him. Where as they had expected, they found the fellow with the book about him; upon whom Cromwell called, and took the book out of his hands, threatening him severely for his presumption in med- dling with a privy-counsellor's book. Proceed- g u t though Cranmer escaped this hazard, yet in urn a. Q London the storm of the late act was falling heavily on them that were obnoxious. Shaxton and Latimer, the bishops of Salisbury and Worcester, within a week after the session of parliament, as it appears, resigned their bishopricks. For on the 7th of July, the chap- ters of these churches petitioned the King for his leave to fill those sees, they being then vacant by the free resignation of the former bishops. Upon which, the conge cTelire for both was granted. Nor was this all: but they, being presented as having spoken against the six Articles, were put in prison, where the one lay till the King died, and the other till a little before his death, as shall be shewn in its proper place. There were also commissions issued out for proceed- ing upon that statute : and those who were commis- sioned for London, were all secret favourers of po- pery ; so they proceeded more severely, and examined many witnesses against all who were presented : whom they interrogated not only upon the express words of the statute, but upon all such collateral or presump- tive circumstances as might entangle them, or con- clude them guilty. So that in a very little while, five hundred persons were put in prison, and involved in the breach of the statute. Upon this, not only Cran- mer and Cromwell, but the Duke of Suffolk, and Audley, the chancellor, represented to the King how hard it would be, and of what ill consequence to exe- cute the law upon so many persons. So the King was prevailed with to pardon them all ; and I find no further proceeding upon this statute till Cromwell fell. But the opposite party used all the arts possible to insinuate themselves into the King. And therefore, PART I. BOOK III. 429 to shew how far their compliance would go, Bonner took a strange commission from the King, on the 1 2th of November this year. It has been certainly enrolled ; but it is not there now : so that I judge it was razed in that suppression of records, which was in Queen Mary's time. But, as men are commonly more careless at home, Bonner has left it on record in his own Register. Whether the other bishops took such commissions from this King, I know not: but I am certain there is none such in Cranmer's Register: and it is not likely, if any such had been taken out by him, that ever it would have been razed. The com- mission itself will be found in the Collection of Papers coii*. at the end. The substance of it is, " That since all Numb - 14 - jurisdictions, both ecclesiastical and civil, flowed from the King as 'Sgpreme head, and he was the foundation of all power; if became those who exercised it only (pr&cario) at the King's courtesy, gratefully to ac- knowledge, that they had it only of his bounty ; and to declare that they would deliver it up again, when it should please him to call for it. And since the King had constituted the Lord Cromwell his vicege- rent in ecclesiastical affairs ; yet, because he could not look into all those matters, therefore the King, upon Bonner 's petition, did empower him, in his own stead, to ordain such as he found worthy, to present and give institution, with all the other parts of episcopal au- thority, for which he is duly commissionated ; and this to last during the King's pleasure only. And all the parts of the episcopal function being reckoned up, it concluded with a strict charge to the Bishop, to or- dain none but such of whose integrity, good life, and learning he had very good assurance. For as the cor- ruptions of the Christian doctrine, and of men's man- ners, had chiefly proceeded from ill pastors ; so it was not to be doubted, but good pastors well chosen would again reform the Christian doctrine, and the lives of Christians." After he had taken this commission, Bonner might have been well called one of the King's bishops. The true reason of this profound compli- ance was, that the popish party apprehended that 430 BURNET'S REFORMATION. Cranmer's great interest with the King was chiefly grounded on some opinions he had, of the ecclesias- tical officers being as much subject to the King's power as- all other civil officers were. And this having endeared him so much to the King, therefore they resolved to outdo him in that point. But there was this difference that Cranmer was once of that opi- nion, and, if he followed it at all, it was out of con- science : but Bonner, against his conscience (if he had any) complied with it. rwssoiu- Now followed the final dissolution of the abbeys ; the g reat there are fifty-seven surrenders upon record this year. abbeys. The originals of about thirty of these are yet to be seen. Thirty-seven of them were abbeys, or priories, and twenty nunneries. The good house of Godstow now fell with the rest, though among the last of them. Now the great parliament abbots surrendered apace; as those of Westminster, St. Albans, St. Edmunds - bury, Canterbury, St. Mary in York, Selby, St. Pe- ter's in Gloucester, Cirencester, Waltham, Winch- combe, Malmesbury, and Battel. Three others were attainted; Glastenbury, Reading, and Colchester. The deeds of the rest are lost. Here it will not be unacceptable to the reader, to know who were the parliamentary abbots. There were in all twenty-eight, as they were commonly given: Fuller has given a catalogue of them in "three places of his History of Abbeys; but as every one of these differs from the others, so none of them are according to the Journals of parliament : the Lord Herbert is also mistaken in his account. I shall not rise higher in my inquiry than this reign, for anciently many more abbots and priors sat in parliament, beside other clergy, that had likewise their writs ; and of whose right to sit in the House of Commons there was a question moved in Edward the Sixth's reign, as shall be opened in its proper place. Much less will I presume to determine so great a point in law, Whether they sat in the House of Lords, as being a part of the ecclesiastical state, or as holding their lands of the King by ba- ronage? I am only to observe the matter of fact, which PART I. BOOK III. 431 is, that, in the Journals of parliament in this reign, these twenty-eight abbots had their writs ; Abington, St. Alban's, St. Austin's Canterbury, Battel, St. Ben- net's in the Holm, Berdeney, Cirencester, Colchester, Coventry, Croyland, St. Edmundsbury, Evesham, Glastenbury, Gloucester, Hide, Malmesbury, St. Mary's in York, Peterborough, Ramsey, Reading, Selby, Shrewsbury, Tavenstock,Tewksbury, Thonuy, Waltham, Westminster, and Winchelcombe; to whom also the Prior of St. John's may be added. But be- sides all these, I find that in the twenty-eighth year of this King, the Abbot of Burton upon Trent sat in parliament. Generally Coventry and Burton were held by the same man, as one bishop held both Co- ventry and Litchfield ; but in that year they were held by two different persons, and both had their writs to that parliament. The method used in the suppression of these houses will appear by one complete report made of the suppression of the abbey of Tewksbury, which, out of many I copied, is in the Collection, collect. From it the reader will see, what provision was made s^^.*" for the abbot, the prior, the other officers, and the monks, and other servants of the house; and what buildings they ordered to be defaced and what to re- main; and how they did estimate the jewels, plate, and other ornaments. But monasteries were not sufficient to stop the appetite of some that were about the King: for hospitals were next looked after, some bos One of these was this year surrendered by Thomas nadlnt. Thirleby, with two other priests ; he was master of St. Thomas's Hospital in Southwark, and was designed bishop of Westminster, to which he made his way by that resignation. He was a learned and modest man ; but of so fickle or cowardly a temper, that he turned always with the stream in every change that was made, till Queen Elizabeth came to the crown: but then, being ashamed of so many turns, he resolved to shew he could once be firm to somewhat. Now were all the monasteries of England sup- Theabt pressed, and the King had then in his hand the ^ Ten " r greatest opportunity of making royal and noble foun- awv> 432 BURNET'S REFORMATION. dations that ever king of England had. But, whe- ther out of policy, to give a general content to the gentry by selling to them at low rates, or out of easi- ness to his courtiers, or out of an unmeasured lavish- ness in his expense, it came far short of what he had given out he would do, and what himself seemed once to have designed. The clear yearly value of all the suppressed houses is cast up, in an account then stated to be, viz. 131,607/. 6*. 4 went down incognito to Rochester. But when he had a sight of her, finding none of those charms which he was made believe were in her, he was so extremely nt u surprised, that he not only did not like her, but took an aversion to her, which he could never after over- King. come. He swore they had brought over a Flanders mare to him ; and was sorry he had gone so far, but glad it had proceeded no further. And presently he resolved, if it were possible, to break off the matter, and never to yoke himself with her. But his affairs were not then in such a condition, that he could safely put that affront on the Dukes of Saxony and Cleves, which the sending back of this lady would have done. For the Germans, being of all nations most sensible PART I. BOOK III. 437 of every thing in which the honour of their family is touched, he knew they would resent such an injury : and it was not safe for him to adventure that at such a time. For the Emperor was then in Paris, whither he had grone to an interview with Francis : and his O reception was not only as magnificent as could be, but there was all the evidence possible of hearty friend- ship and kindness. The king also understood, that between them there was somewhat projected against himself. And now Francis, that had been as much obliged by him as possibly one prince could be by another, was not only forgetful of it, but intended to take advantage from the distractions and discontents of the English, to drive them out of France, if it were possible. And it is not to be doubted, but the Emperor would gladly have embroiled these two Kings, that he might have a better opportunity both to make himself master of Germany, and to force the King of England into an alliance, by which the Lady Mary should be legitimated, and the princes of Germany be left des- titute of a support, which made them insolent and in- tractable. The King apprehended the conjunction of those two great Princes against himself, which was much set forward by the Pope ; and that they would set up the King of Scotland against him, who, with that foreign assistance, and the discontents at home, would have made war upon great advantages ; espe- cially those in the north of England being ill affected to him : and therefore he judged it necessary for his affairs not to lose the princes of Germany. Only he resolved, first, to try if any nullities or pre-contracts could excuse him fairly at their hands. He returned to Greenwich very melancholy. He much blamed the Earl of Southampton, who, being sent over to re- ceive her at Calais, had written a high commendation of her beauty. But he excused himself, that he thought the thing was so far gone, that it was decent to write as he had done. The King lamented his condition in that marriage ; and expressed great trouble, both to the Lord Russel, Sir Anthony Brown, Sir Anthony Denny, and others about him. The 438 BURNET'S REFORMATION. last of those told him, " This was one advantage that mean persons had over princes : that great princes must take such wives as are brought them, whereas meaner persons go and choose wives for themselves. 1 ' But when the King saw Cromwell, he gave his grief a freer vent to him. He, finding the King so much troubled, would have cast the chief blame on the Earl of Southampton, for whom he had no great kindness : and said, when he found her so far short of what reports and pictures had made her, he should have stayed her at Calais, till he had given the King notice of it. But the Earl's commission being only to bring her over, he said, it had been too great a presumption in him to have interposed in such a manner. And the King was convinced he was in the right. So now, all they had to insist on was, the clearing of that con- tract that had passed between her and the Marquis of Lorrain : which the ambassadors, who had been with the King, had undertaken should be fully done, and brought over with her in due form of law. So, after the lady was brought in great state to Green- wich, the council met, and sent for the ambassadors of the Duke of Cleves that conducted her over ; and desired to see what they had brought for clearing the breach of that contract with the Marquis of Lorrain. But they had brought nothing, and made no account of it ; saying, that the contract was in their minority, when they could give no consent ; and that nothing- had followed on it after they came to be of age. But this did not satisfy the King's council, who said, these were but their words, and they must see better proofs. The King's marriage was annulled with Anne Boleyn upon a pre-contract ; therefore he must not again run the like hazard. So Olisleger and Hogesden, the ambassadors from Cleves, did by a formal instrument, protest before Cromwell, that in a peace made between their late master, John, duke of Cleves, and Anthony, duke of Lorrain, one of the conditions was, that this lady, being then under age, should be given in mar- riage to Francis, son to the Duke of Lorrain, who was likewise under age ; which treaty they affirmed they PART I. BOOK III. 439 saw and read. But that afterwards Henry de Groffe, ambassador of Charles, duke of Gueldres, upon whose mediation that peace had been concluded, declared in their hearing, that the espousals were annulled and of no effect ; and that this was registered in the chancery of Cleves, of which they promised to bring an authentical extract, within three months, to Eng- land. Some of the counsellors, who knew the King's secret dislike of her person, would have insisted more on this. But the Archbishop of Canterbury, and the Bishop of Duresme, said, if there was no more than that, it could be no just hinderance to the solemniza- tion of the marriage. So the King, seeing there was no 1540. remedy, and being much pressed both by the ministers of Cleves, and by the Lord Cromwell, married her on But ye t the 6th of January : but expressed so much aversion and '""" dislike of her, that every body about him took notice of it. Next day the Lord Cromwell asked him, how he liked her then ? He told him, " He was not every man ;" therefore he would be free with him : he liked her worse than he did. He suspected she was no And could maid ; and had such ill smells about her, that he loathed her more than ever, and did not believe he should ever consummate the marriage. This was sad news to Cromwell, who knew well how delicate the King was in these matters ; and that so great mis- fortune must needs turn very heavy on him, that was the chief promoter of it. He knew his enemies would draw great advantages from this ; and understood the King's temper too well, to think his greatness would last long, if he could not induce the King to like the Queen better. But that was not to be done ; for though the King lived five months with her in that state, and very oft lay in the bed with her, yet his aversion rather increased than abated. She seemed not much concerned at it^t and as their conversation was not great, so she was of a heavy composition, and was not much displeased to be delivered from a mar- riage in which she had so little satisfaction. Yet one thing shews that she wanted not capacity, for she learned the English language very soon : and before never love her. 440 BURNET'S REFORMATION. her marriage was annulled, she spoke English freely ; as appears by some of the depositions. There was an instrument brought over from Cleves, taken out of the chancery there, by which it appeared, that Henry de Groffe, ambassador from the Duke of Gueldres, had, on the 15th of February in the year 1535, declared the nullity of the former contract, in express words, which are set down in High Dutch, but thus put in Latin : Sponsalia ilia progressum suum non habitura, (I \pll not answer for the Latin,) ev quo dictus Dux Carolus admodum doleret, et propte- rea qucedam fecisset, et amplius facturus esset : and Pallandus, that was ambassador from the Duke of Cleves in the Duke of Gueldres' court, wrote to his master, Illustrissimum Ducem Gueldricc certo scire prima ilia sponsalia inter Domicellam Annam fore inania et progressum suum non habitura. When this was shewed the King, his council found great excep- tions to it, upon the ambiguity of the word sponsalia ; it not being expressed, whether they were espousals by the words of the present, or of the future tense ; and intended to make use of that when there should be a fit opportunity for it. A pariia- On the 12th of April a session of parliament was HHuri. held. The Journal shews that neither the Abbot of Westminster, nor any other abbot, was present. After the Lord Chancellor had opened the reasons for the King's meeting them at that time, as they related to the civil government, Cromwell as lord vicegerent where spake next in the King's name ; and said, " There was S^rL nothing which the King so much desired, as a firm 'erent' 06 un i on among all his subjects, in which he placed his chief security. He knew there were many incendia- ries, and much cockle grew up with the wheat. The rashness and licentiousness of some, and the invete- rate superstition and stiffness of others, in the ancient corruptions, had raised great dissensions, to the sad regret of all good Christians. Some were called pa- pists, others heretics ; which bitterness of spirit seemed the more strange since now the Holy Scriptures, by the King's great care of his people, were in all their PART I. BOOK III. 441 hands, in a language which they understood. But these were grossly perverted by both sides ; who stu- died rather to justify their passions out of them, than to direct their belief by them. The King leaned nei- ther to the right nor to the left hand, neither to the one nor the other party; but set the pure and sincere doc- trine of the Christian faith only before his eyes : and therefore was now resolved to have this set forth to his subjects, without any corrupt mixtures; and to have such decent ceremonies continued, and the true use of them taught, by which all abuses might be cut off, and disputes about the exposition of the Scrip- tures cease, that so all his subjects might be well in- structed in their faith, and directed in the reverent worship of God ; and resolved to punish severely all transgressors, of what sort or side soever they were. The King was resolved, that Christ, that the gospel of Christ, and the truth, should have the victory; and tnerefore had appointed some bishops and divines to draw up an exposition of those things that were ne- cessary for the institution of a Christian man; who were, the two Archbishops, the Bishops of London, Duresme, Winchester, Rochester, Hereford, and St. David's; and Doctors Thirleby, Robertson, Cox, Day, Oglethorp, Redmayn, Edgeworth,Crayford, Symonds, Robins, and Tresham. He had also appointed others, to examine what ceremonies should be retained, and what was the true use of them ; who were the Bishops of Bath and Wells, Ely, Sarum, Chichester, Wor- cester, and Landaff. The King had also commanded the judges, and other justices of the peace, and per- sons commissioned for the execution of the act for- merly passed, to proceed against all transgressors, and punish them according to law. And he concluded with a high commendation of the King, whose due praises, he said, a man of far greater eloquence than himself was, could not fully set forth." The Lords approved of this nomination, and ordered, that these committees should sit constantly, on Mondays, Wed- nesdays, and Fridays; and on other days they were to sit in the afternoon. But their proceedings will 442 BURNET'S REFORMATION. require so full a relation, that I shall first open the other affairs that passed in this session, and leave these to the last. He is made On the 14th of April the King created Cromwell ^ x f Earl of Essex; the male line of the Bourchiers, that had carried that title, being extinguished. This shews that the true causes of Cromwell's fall must be found in some other thing than his making up the King's marriage ; who had never thus raised his title, if he had intended so soon to pull him down. The sup. On the 22d of April, a bill was brought in for sup- fhTknTght pressing the knights of St. John of Jerusalem. Their of st. John fi rs |; foundation was to be a guard to the pilgrims that ofJerusa- ITTIT ITI i iem. went to the Holy Land, r or some ages that was ex- tolled as the highest expression of devotion and reve- rence to our Saviour, to go and view the places of his ,. abode; and chiefly the places where he was crucified, buried, and ascended to heaven. Upon which, many entered into a religious knighthood, who were to de- fend the Holy Land, and conduct the pilgrims. Those were of two sorts; the knights templars and hospi- tallers. The former were the greater and richer, but the other were also very considerable. The popes and their clergy did every where animate all princes, and great persons, to undertake expeditions into these parts; which were very costly and dangerous, and proved fatal to almost all the princes that made them. Yet the belief of the pains of purgatory, from which all were delivered by the Pope's power, who went on this expedition, such as died in it being also reckoned martyrs, wrought wonderfully on a blind and super- stitious age. But such as could not go, were per- suaded, that if on their death-beds they vowed to go upon their recovery, and left some lands to maintain a knight that should go thither and fight against the infidels, it would do as well. Upon this, great and vast endowments were made. But there were many complaints made of the templars, for betraying and robbing the pilgrims, and other horrid abuses, which may reasonably be believed to have been true; though other writers of that age lay the blame rather on the PART I. BOOK III. 443 covetousness of the King of France, and the Pope's malice to them : yet, in a general council, the whole order was condemned and suppressed, and such of them as could be taken were cruelly put to death. The order of the hospitallers stood, yet did not grow much after that. They were beaten out of the Holy Land by the sultans, and lately out 'of the Isle of Rhodes, and were at this time in Malta. Their great master depended on the Pope and the emperor: so it was not thought fit to let a house that was subject to a foreign power stand longer. And it seems they would not willingly surrender up their house, as others had done: therefore it was necessary to force them out of it by an act of parliament, which on the 22d of April was read the first time, and on the 26th the second time, and on the 29th the third time, by which both their house in England, and another they had in Kilmainam in Ireland, were suppressed; great pen- sions being reserved by the act to the priors, a 1000/. to him of St. John's near London, and 500 marks to the other, with very considerable allowances for the knights, which in all amounted to near 3000/. yearly. But on the 14th of May the parliament was pro- rogued to the 25th, and a vote passed that their bills should remain in the state they were in. Upon their next meeting, as they were going on in their business, a great, change of court broke out. fall For, on the 13th of June, at the council table, the Duke of Norfolk, in the King's name, challenged the Lord Cromwell of high treason, and, arresting him, sent him prisoner to the Tower. He had many ene- mies among all sorts of persons. The nobility de- spised him, and thought it lessened the greatness of their titles, to see the son of a blacksmith raised so many degrees above them. His aspiring to the order of the garter was thought inexcusable vanity ; and his having so many places heaped on him, as lord privy-seal, lord chamberlain of England, and lord vicegerent, with the mastership of the rolls, with which he had but lately parted, drew much envy on him. All the popish party hated him out of measure. 4-14 BURNET'S REFORMATION. The suppression of the abbeys was laid wholly at his door: the attainders and all other severe proceedings were imputed to his counsels. He was also thought to be the person that had kept the King and the Em- peror at such distance: and therefore the Duke of Norfolk and Gardiner, beside private animosities, hated him on that account. And they did not think it impossible, if he were out of the way, to bring on a treaty with the Emperor; which they hoped would open the way for one with the Pope. But other more secret reasons wrought his ruin with the King. The fear he was in of a conjunction between the Emperor and France did now abate ; for he understood that it went no further than compliments : and though he clearly discovered, having sent over the Duke of Nor- folk to Francis, that he was not to depend much on his friendship ; yet, at the same time, he knew that the Emperor would not yield up the duchy of Milan to him, upon which his heart was much set. So he saw they could come to no agreement; therefore he made no great account of the loss of France, since he knew the Emperor would willingly make an alliance with him : the hopes of which made him more indifferent, whether the German princes were pleased with what he did or not: since he had now attained the end he had proposed to himself in all his negotiations with them, which was to secure himself from any trouble the Emperor might give him. Therefore Cromwell's counsels were now disliked, for he had always inclined the King to favour those princes against the Emperor. Another secret cause was, that, as the King had an unconquerable aversion to his Queen, so he was taken The King with the beauty and behaviour of Mistress Katherine j t ve Howard, daughter to the Lord Edmund Howard, a KafherTne Drotner ^ tne Duke f Norfolk's. And as this de- iioward. signed match raised the credit of her uncle, so the ill consequences of the former drew him down who had been the chief counsellor in it. The King also found his government was grown uneasy, and therefore judged it was no ill policy to cast over all that had been done amiss upon a minister who had great power PART I. BOOK III. 445 with him; and, being now in disgrace, all the blame of these things would be taken off from the King, and laid on him, and his ruin would much appease dis- contents, and make them more moderate in censuring the King or his proceedings. It is said that other particulars were charged on him, which lost him the King's favour. If this be true, it is like they related to the encouragement he was said to have given to some reformers, in the opposition they made to the six Articles : upon the execution of which the King was now much set. His fall was so secretly carried, that though he had often before looked for it, know- ing the King's uneasy and jealous temper, yet at that time he had no apprehensions of it till the storm broke upon him. In his fall he had the common fate of all disgraced ministers, to be forsaken by his friends and insulted over by his enemies. Only Cranmer retained still so much of his former simplicity, that he could never learn these court arts. Therefore he wrote to 1 the King about him next day; "He much magnified toci his diligence in the King's service and preservation, wel1 ' and discovering all plots as soon as they were made : that he had always loved the King above all things, and served him with great fidelity and success : that he thought no king of England had ever such a ser- vant: upon that account he had loved him, as one that loved the King above all others. But if he was a traitor, he was glad it was discovered. But he prayed God earnestly to send the King such a coun- sellor in his stead, who could and would serve him as he had done." This shews both the firmness of Cranmer's friendship to him, and that he had a great soul, not turned by the changes of men's fortunes, to like or dislike them as they stood or declined from their greatness. And had not the King's kindness for Cranmer been deeply rooted, this letter had ruined him : for he was the most impatient of contradiction in such cases that could be. Cromwell's ruin was now decreed; and he, who had so servilely complied with the King's pleasure in procuring some to be at- tainted the year before, without being brought to 446 BURNET'S REFORMATION. make their answer, fell now under the same severity. For, whether it was that his enemies knew, that if he were brought to the bar he would so justify himself, that they would find great difficulties in the process ; or whether it was that they blindly resolved to follow that unjustifiable precedent of passing over so neces- sary a rule to all courts, of giving the party accused a hearing; the. bill of attainder was brought into the House of Lords, Cranmer being absent that day, as appears by the Journal, on the 17th of June, and read the first time; and on the 19th was read the se- cond and third time, and sent down to the Commons. By which it appears, how few friends he had in that House, when a bill of that nature went on so hastily. But it seems he found in the House of Commons somewhat of the same measure, which ten years be- fore he had dealt to the Cardinal, though not with the same success : for his matter stuck ten days there. At length a new bill of attainder was brought up, con- ceived in the House of Commons, with a proviso an- nexed to it. They also sent back the bill which the Lords sent to them. But it is not clear from the Jour- nals what they meant by these two bills. It seems they rejected the Lords' bill, and yet sent it up with their own, either in respect to the Lords, or that they left it to their choice, which of the two bills they would offer to the royal assent. But though this be an un- parliamentary way of proceeding, I know no other sense which the words of the Journal can bear.* And that very day the King assented to it, as appears by the letter written the next day by Cromwell to the King. Cromwell-* The act said, "that the King, having raised Thomas nder ' Cromwell from a base degree to great dignities and 161 high trusts, yet he had now, by a great number of wit- nesses, persons of honour, found him to be the most * Journal Procer. parag. 58. Item billa attincturcc Thome Cromwell Comitis Essex de crimine haresit et la-ste majestatis, per Communes de novo concepta, et assensa, et simul cum provisione eidem anneia. Qua quidem billa 1, 2 do , et 3**, lecta est ; et proviso ejusdem concernens Deco.natv.rn Wcltensem perlecta est, et communi om- nium Procerum consensu nemine diacrepante expedita j etsimul cum ea refere- batur billa attincturx qua; privs missa erat in Domum Communium. Collect. Numb. PART I. BOOK III. 447 corrupt traitor, and deceiver of the King and the crown, that had ever been known in his whole reign. He had taken upon him to set at liberty divers persons put in prison for misprision of treason, and others that were suspected of it. He had also received several bribes, and for them granted licenses to carry money, corn, horses, and other things out of the kingdom, con- trary to the King's proclamations. He had also given out many commissions without the King's knowledge; and, being but of a base birth, had said, ( That he was sure of the King.' He had granted many passports, both to the King's subjects and foreigners, for passing the seas, without search. He, being also a heretic, had dispersed many erroneous books among the King's subjects, particularly some that were contrary to the belief of the sacrament. And when some had in- formed him of this, and had shewed him these here- sies in books printed in England, he said, 'they were good, and that he found no fault in them;' and said, * it was as lawful for every Christian man to be the minister of that sacrament as a priest.' And whereas the King had constituted him vicegerent for the spi- ritual affairs of the church ; he had, under the seal of that office, licensed many that were suspected of he- resy to preach over the kingdom ; and he had, both by word and in writing, suggested to several sheriffs, that it was the King's pleasure they should discharge many prisoners, of whom some were indicted, others appre- hended for heresy. And when many particular com- plaints were brought to him of detestable heresies, with the names of the offenders, he not only defended the heretics, but severely checked the informers; and vexed some of them by imprisonment, and other ways. The particulars of all which were too tedious to be recited. And he, having entertained many of the King's subjects about himself, whom he had infected by heresy, and imagining he was by force able to de- fend his treasons and heresies; on the last of March, in the thirtieth year of the King's reign, in the parish of St Peter's the Poor in London, when some of them complained to him of the new preachers, such as Barnes 448 BURNET'S REFORMATION. and others, he said, l their preaching was good ;' and said also, among other things, ' that if the King would turn from it, yet he would not turn : and if the King did turn, and all his people with him, he would fight in the field in his own person, with his sword in his hand against him, and all others :' and then he pulled out his dagger, and held it up, and said, ' or else this dagger thrust me to the heart, if I would not die in that quarrel against them all; and I trust, if I live one year or two, it shall not be in the King's power to resist, or let it, if he would :' and, swearing a great oath, said, * I would do so indeed.' He had also, by oppression and bribery, made a great estate to himself, and extorted much money from the King's subjects; and being greatly enriched, had treated the nobility with much contempt. And on the last of January, in the thirty-first year of the King's reign, in the parish of St. Martin's in the Fields, when some had put him in mind to what the King had raised him, he said, 'If the Lords would handle him so, he would give ' O them such a breakfast as was never made in England ; and that the proudest of them should know it.' For all which treasons and heresies, he was attainted to suffer the pains of death for heresy and treason, as should please the King, and to forfeit all his estate and goods to the King's use, that he had on the last of March, in the thirty-first year of the King's reign, or since that time. There was added to this bill, a pro- viso,* that this should not be hurtful to the Bishop of Bath and Wells, and to the Dean and Chapter of Wells : with whom, it seems, he had made some ex- changes of land." censures From these particulars the reader will clearly see, w ^y ^ e was no * ^ rou ght; to make his answer, most of them relating to orders and directions he had given, for which it is very probable he had the King's war- rant. And for the matter of heresy, it has appeared how far the King had proceeded towards a reforma- tion, so that what he did that way was most likely done by the King's order : but the King now falling * Cromwell wus then dean of Wells, and that was the reason of the proviso. PART I. BOOK III. 449 from these things, it was thought they intended to stifle him by such an attainder, that he might not discover the secret orders or directions given him for his own justification. For the particulars of bribery and extortion, they being mentioned in general ex- pressions, seem only cast into the heap to defame him. But for those treasonable words, it was gene- rally thought that they were a contrivance of his ene- mies ; since it seemed a thing very extravagant, for a favourite, in the height of his greatness, to talk so rudely : and if he had been guilty of it, Bedlam was thought a fitter place for his restraint than the Tower. Nor was it judged likely that, he having such great and watchful enemies at court, any such discourses could have lain so long a secret ; or if they had come to the King's knowledge, he was not a Prince of such a temper as to have forgiven, much less employed and advanced a man after such discourses. And to think, that, during these fifteen months, after the words were said to have been spoken, none would have had the zeal for the King, or the malice for Cromwell, as to repeat them, were things that could not be believed. The formality of drawing his dagger made it the more suspected ; for this was to affix an overt act to these words, which in the opi- nion of many lawyers, was necessary to make words treasonable. But, as if these words had not been ill enough, some writers since have made them worse ; as if he had said, he would *' thrust his dagger in the King's heart :" about which Fuller hath made another story to excuse these words, as if they had not been meant of the King, but of another. But all that is founded on a mistake, which, if he had looked in the record, he had corrected. Cromwell's fall was the first step towards the King's The K< ng divorce ; for, on the 25th of June, he sent his Queen d d "'^ e * to Richmond, pretending the country air would agree from his better with her : but on the 6th of July a motion was made and assented to in the House of Lords, that they should make an address to the King, desiring him to suffer his marriage with the Queen to be tried. VOL. i. 2 G 450 BURNET'S REFORMATION. Upon which the Lord Chancellor, the Archbishop of Canterbury, the Dukes of Norfolk and Suffolk, the Earl of Southampton, and the Bishop of Duresme, were sent down to the Commons to represent the matter to them, and to desire their concurrence in the address ; to which they agreed, and ordered twenty of their number to go along with the Peers. So the whole house of Lords, with these Commoners, went to the King, and told him they had a matter of great consequence to propose to him, but it was of that im- portance that they first begged his leave to move it. That being obtained, they desired the King would order a trial to be made of the validity of his mar- riage. To which the King consented ; and made a deep protestation, as in the presence of God, that he should conceal nothing that related to it, and all its circumstances ; and that there was nothing he held dearer than the glory of God, the good of the common- wealth, and the declaration of truth. So a commis- sion was issued out to the convocation to try it. u is refer- On the 7th of'July it was brought before the con- vocation, of which the reader will see a fuller account m t ne Collection at the end than is needful to be brought in here. The case was opened by the Bishop of Winchester, and a committee was appointed to consider it ; and they deputed the Bishops of Du- resme and Winchester, and Thirleby, and Richard Leighton, dean of York, to examine the witnesses that day. And the next day they received the King's deposition, with a long declaration of the whole mat- ter, under Cromwell's hand, in a letter to the King ; an d tne depositions of most of the privy-counsellors, is of the Earl of Southampton, the Lord Russel, then admiral, of Sir Anthony Brown, Sir Anthony Denny, Doctor Chambers, and Doctor Butts, the King's phy- sicians, and of some ladies that had talked with the Reasons Queen. All which amounted to this ; that the King fpTi"" 61 * expected that the pre-contract with the Marquis of Lorrain should have been more fully cleared ; that the King always disliked her, and married her full sore against his heart, and since that time he had never con- coiie. 17 ' PART I. BOOK III. 451 sumraated the marriage. So the substance of the whole evidence being considered, it amounted to these three particulars : First, That there had been a contract between the Marquis of Lorrain and the Queen, which was not sufficiently cleared ; for it did not yet appear, whether these espousals were made by the party themselves, or in the words of the present tense. Then it was said, that the King, having married her against his will, he had not given a pure, inward, and complete consent ; and since a man's act is only what is inward, extorted or forced promises do not bind. And, thirdly, That he had never consummated the marriage. To which was added, the great interest the whole nation had in the King's having more issue, which they saw he could never have by the Queen. This was furiously driven on by the popish party ; and Cranmer, whether overcome with these argu- ments, or rather with fear, for he knew it was con- trived to send him quickly after Cromwell, consented with the rest. So that the whole convocation, with- convoc out one disagreeing vote, judged the marriage null [Hi!*" and of no force, and that both the Kin? and the lady Collect - C xL U J C *. Numb< were tree trom the bond ot it. This was the greatest piece of compliance that ever n i. the King had from the clergy : for as they all knew there was nothing of weight in that pre-contract, so they laid down a most pernicious precedent for in- validating all public treaties and agreements ; since, if one of the parties being unwilling to it, so that his consent were not inward, he was not bound by it, there was no safety among men more. For no man can know whether another consents inwardly ; and when a man does any thing with great aversion, to infer from thence, that he does not inwardly consent, may furnish every one with an excuse to break loose from all engagements ; for he may pretend he did it unwillingly, and get his friends to declare that he privately signified that to them. And for that argu- ment which was taken from the want of consumma- tion, they had forgotten what was pleaded on the King's behalf ten years before, that consent, without 2c2 s cea- sured. 452 BURNET'S REFORMATION. consummation, made a marriage complete; by which they concluded, that though Prince Arthur had not consummated his marriage with Queen Katherine, yet his consent did so complete it, that the King could not afterwards lawfully marry her. But as the King was resolved on any terms to be rid of this Queen, so the clergy were resolved not to incur his displeasure ; in which they rather sought for reasons to give some colour to their sentence, than pass their judgment upon the strength of them. This only can be said for their excuse, that these were as just and weighty reasons, as used to be admitted by the court of Rome for a divorce : and most of them being cano- " nists, and knowing how many precedents there were to be found for such divorces, they thought they might do it as well as the popes had formerly done. On the 9th of July sentence was given, which was signed by both houses of convocation, and had the two Archbishops' seals put to it ; of which whole trial the record does yet remain, having escaped the fate of the other books of convocation. The original depositions are also yet extant. Only I shall add here a reflection upon Cromweirs misfortune, which may justly abate the loftiness of haughty men. The day after he was attainted, being required to send to the King a full account under his hand of the business of his marriage ; which account collect, he sent, as will be found in the Collection; he con- 7> eludes it with these abject words : "I, a most woful prisoner, ready to take the death, when it shall please God and your Majesty ; and yet the frail flesh inciteth me continually to call to your Grace for mercy, and grace for mine offences. And thus Christ save, pre- serve, and keep you. Written at the Tower, this Wednesday, the last of June, with the heavy heart, and trembling hand, of your Highness' most heavy, and most miserable prisoner, and poor slave, Thomas Cromwell." And a little below that, " Most gracious ^ t Prince, I cry for mercy, mercy, mercy!" mad. to On the 10th of July the Archbishop of Canterbury reported to the House of Lords, that the convocation consents to it. PART I. BOOK III. 453 had judged the marriage null, both by the law of God, and the law of the land. The Bishop of Win- chester delivered the judgment in writing; which being read, he enlarged on all the reasons of it. This satisfied the Lords, and they sent down Cranmer and him to the Commons, to give them the same account. Next day the King sent the Lord Chancellor, the Duke of Norfolk, the Earl of Southampton, and the Bishop of Winchester, to let the Queen know what was done ; who was not at all troubled at it, and seemed not ill-pleased. They told her, that the King would by letters-patents declare her his adopted sis- ter, and give her precedence before all the ladies of England, next his Queen and daughters, and assign her an estate of 3000/. a year ; and that she had her choice, either to live in England, or to return home again. She accepted the offer, and under her hand The QU declared her consent and approbation of the sentence; and chose to live still in England, where she was in great honour, rather than return under that disgrace to her own country. She was also desired to write to her brother, and let him know that she approved of what was done in her matter, and that the King used her as a father, or a brother; and therefore to desire him and her other friends not to take this matter ill, or lessen their friendship to the King. She had no mind to do that, but said, it would be time enough when her brother wrote to her to send him such an answer. But it was answered, that much depended on the first impressions that are received of any matter. She, in conclusion, said, she would obey the King in every thing he desired her to do. So she collect, wrote the letter as they desired it ; and the day fol- 1 "" nb<8 lowing, being the 12th of July, the bill was brought into the House for annulling the marriage, which went easily through both Houses. On the 16th of July, a bill was brought in for mo- An a derating the statute of the six Articles in the clauses 1^"^ that related to the marriage of the priests, or their in- *? of continency with other women. On the 17th it was P " agreed to by the whole House without a contradictory 454 BURNET'S REFORMATION. vote, and sent down to the Commons ; who on the 21st, sent it up again. By it the pains of death were turned to forfeitures of their goods and chattels, and the rents of their ecclesiastical promotions, to the King. Another On the 20th of July, a bill was brought in concern- i*gio U n. re " ing a declaration of the Christian religion, and was then read the first, second, and third time, and passed without any opposition, and sent down to the Com- mons ; who, agreeing to it, sent it up again the next day. It contained, " That the King, as supreme head of the church, was taking much pains for an union among all his subjects in matters of religion : and, for preventing the further progress of heresy, had appointed many of the bishops and the most learned divines, to declare the principal articles of the Christian belief } with the ceremonies, and way of God's service to be observed. That therefore a thing of that weight might not be rashly done, or hasted through in this session of parliament; but be done with that care which was requisite ; therefore it was enacted, that whatsoever was determined by the arch- bishops, bishops, and the other divines, now commis- sionated for that effect, or by any others appointed by the King, or by the whole clergy of England, and published by the King's authority, concerning the Christian faith, or the ceremonies of the church, should be believed and obeyed by all the King's sub- jects; as well as if the particulars so set forth had been enumerated in this act, any custom or law to the contrary notwithstanding." To this, a strange pro- viso was added, which destroyed the former clause; "that nothing should be done or determined by the authority of this act, which was contrary to the laws and statutes of the kingdom." But whether this pro- viso was added by the House of Commons, or ori- ginally put into the bill, does not appear. It was more likely it was put in at the first by the King's council ; for these contradictory clauses raised the prerogative higher, and left it in the judge's power to determine which of the two should be followed ; by PART I. BOOK III. 455 which all ecclesiastical matters were to be brought under trials at common law: for it was one of the great designs, both of the ministers and lawyers, at this time, to bring all ecclesiastical matters to the cognizance of the secular judge. But another bill passed, which seems a little odd, concerning the circumstances of that time. " That whereas many marriages had been annulled in the time of popery, upon the pretence of pre-contracts, or other degrees of kindred, than those that were pro- hibited by the law of God : therefore, after a marriage was consummated, no pretence of any pre-contract, or any degrees of kindred or alliance, but those men- tioned in the law of God, should be brought or made use of to annul it ; since these things had been oft pretended only to dissolve a marriage, when the parties grew weary of each other, which was contrary to God's law. Therefore it was enacted, that no pre- tence of pre-contract, not consummated, should be made use of to annul a marriage duly solemnized, and consummated; and that no degrees of kindred, not mentioned by the law of God, should be pleaded to annul a marriage." The act gave great occasion of censuring the King's former proceedings against Queen Anne Boleyn, since that which was now con- demned had been the pretence for dissolving his mar- riage with her. Others thought the King did it on design to remove that impediment out of the way of the Lady Elizabeth's succeeding to the crown ; since that judgment, upon which she was illegitimated, was now indirectly censured : and that other branch of the act, for taking away all prohibitions of marriages, within any degrees but those forbidden in Scripture, was to make way for the King's marriage with Ka- therine Howard, who was cousin-german to Queen Anne Boleyn ; for that was one of the prohibited degrees by the canon law. The province of Canterbury offered a subsidy of s four shillings in the pound of all ecclesiastical prefer- t ments, to be paid in two years ; and that in acknow- ledgment of the great liberty they enjoyed by being 456 BURiNET'S REFORMATION. delivered from the usurpations of the bishops of Rome, and in recompence of the great charges the King had been at, and was still to be at, in building havens, bulwarks, and other forts, for the defence of his coasts, and the security of his subjects. This was confirmed in parliament. But that did not satisfy the King ; who had husbanded the money thfvt came in by the sale of abbey lands so ill, that now he wanted money, and was forced to ask a subsidy for his mar- AH forth the Scriptures to his people, which had pro- duced very good effects ; yet, as hypocrisy and super- stition were purged away, so a spirit of presumption, dissension, and carnal liberty was breaking in. For repressing which he had, by the advice of his clergy, set forth a declaration of the true knowledge of God, for directing all men's belief and practice, which both houses of parliament had seen, and liked very well. So that he verily trusted it contained a true and sufficient doctrine, for the attaining everlasting life. Therefore, he required all his people to read and print in their hearts, the doctrine of this book. He also willed them to remember, that as there were some teachers whose office it was to instruct the people, so the rest ought to be taught, and to those it was not necessary to read the Scriptures ; and that therefore he had restrained it from a great many, esteeming it sufficient for such to hear the doctrine of the Scrip- tures taught by their preachers, which they should lay up in their hearts, and practise in their lives. Lastly, he desired all his subjects to pray to God to grant them the spirit of humility, that they might read and carry in their hearts the doctrine set forth in this book. But though I have joined the account of this preface to the extract here made of the Bishops' Book, yet it was not prefixed to it till above two years after the other was set out. When this was published, both parties found cause it van- in it both to be glad and sorrowful. The reformers s ^. cen " rejoiced to see the doctrine of the gospel thus opened more and more ; for they concluded that ignorance and prejudices, being the chief supports of the errors they complained of, the instructing people in Divine matters, even though some particulars displeased them, yet would awaken and work upon an inquisitive humour that was then a stirring ; and they did not doubt but their doctrines were so clear, that inquiries into religion would do their business. They were 472 BURNET'S REFORMATION. also glad to see the morals of Christianity so well cleared, which they hoped would dispose people to a better taste of Divine matters ; since they had ob- served that purity of soul does mightily prepare peo- ple for sound opinions. Most of the superstitious conceits and practices, which had for some ages em- based the Christian faith, were now removed ; and the great fundamental of Christianity, the covenant between God and man in Christ, with the conditions of it, was plainly and sincerely declared. There was also another principle laid down, that was big with a further reformation ; for every national church was declared a complete body within itself, with power to reform heresies, correct abuses, and do every thing else that was necessary for keeping itself pure, or governing its members. By which there was a fair way opened for a full discussion of things afterwards, when a fitter opportunity should be offered. But, on the other hand, the popish party thought they had gained much. The seven sacraments were again as- serted, so that here much ground was recovered, and they hoped more would follow. There were many things laid down, to which they knew the reformers would never consent. So that they, who were re- solved to comply with every thing that the King had a mind to, were pretty safe. But the others who fol- lowed their persuasions and consciences, were brought into many snares; and the popish party was confident that their absolute compliance, which was joined with all possible submission and flattery, would gain the King at length : and the stiffness of others, who would not give that deference to the King's j udgment and plea- sure, would so alienate him from them, that he would in the end abandon them ; for with the King's years his uneasiness and peevishness grew mightily on him. The dissolution of the King's marriage with Anne of Cleves had so offended the princes of Germany, that though upon the lady's account they made no public noise of it, yet there was little more intercourse between the King and them, especially Cromwell falling, that had always carried on the correspondence PART I. BOOK III. 473 with them. As this intercourse went off, so a secret treaty was set on foot between the King and the Empe- ror ; yet it came not to a conclusion till two years after. The other bishops, that were appointed to examine comc- the rights and ceremonies of the church, drew up a mTslblok! rubric and rationale of them, which I do not find was "j other printed ; but a very authentical MS. of a great part EXMSS. of it is extant. The alterations they made were in- J;^" 1 ' considerable, and so slight that there was no need of reprinting either the missals, breviaries, or other offices ; for a few razures of other collects, in which the Pope was prayed for, of Thomas Becket's office, and the offices of other saints, whose days were by the King's injunctions no more to be observed, with some other deletions, made that the old books did still serve. For whether it was that the change of the mass-books and other public offices would have been too great a charge to the nation ; or whether they thought it would have possessed the people with an opinion that the religion was altered, since the books of the ancient worship were changed, which remaining the same, they might be the more easily persuaded that the religion was still the same ; there was no new impression of the breviaries, missals, and other rituals, during this King's reign. Yet in Queen Mary's lime they took care that posterity should not know how much was dashed out or changed. For as all parishes were required to furnish themselves with new complete books of the offices, so the dashed books were every where brought in, and destroyed. But it is likely that most of those scandalous hymns and prayers which are addressed to saints in the same style in which good Christians worship God, were all struck out, because they were now condemned, as appears from the extract of the other book set out by the bishops. But as they went on in these things, the popish A per* party, whose counsels were laid very close, and ma- !e^L Pr< naged with great dexterity, chiefly by the Duke of Norfolk and Gardiner, pursued the ruin of those whom they called heretics, knowing well that if the 474 BURNET'S REFORMATION. King was once set against them, and they provoked against the government, he would be not only alie- nated from them, but forced, for securing himself against them, to gain the hearts of his other subjects by a conjunction with the Emperor, and by his means with the Pope. The first on whom this design took or Barnes effect were Doctor Barnes, Mr. Gerrard, and Mr. "' Jerome ; all priests who had been among the earliest converts to Luther's doctrine. Barnes had, in a sermon at Cambridge, during the Cardinal's greatness, reflect- ed on the pomp and state in which he lived so plainly, that every body understood of whom he meant. So he was carried up to London ; but, by the interposi- tion of Gardiner and Fox, who were his friends, he was saved at that time, having abjured some opinions that were objected to him. But other accusations being afterwards brought against him, he was again imprisoned, and it was believed that he would have been burnt. But he made his escape and went to Germany, where he gave himself to the study of the Scriptures and divinity ; in which he became so con- siderable, that not only the German divines, but their princes, took great notice of him ; and the King of Denmark sending over ambassadors to the King, he was sent with them ; though perhaps Fox was ill in- formed when he says he was one of them. Fox, bishop of Hereford, being at Smalcald, in the year 1536, sent him over to England, where he was received and kindly entertained by Cromwell, and well used by the King. And by his means the correspondence with the Germans was chiefly kept up, for he was often sent over to the courts of the several princes. But, in particular, he had the misfortune to be first employed in the project of the King's marriage with the Lady Anne of Cleves ; for that giving the King so little satisfaction, all who were the main promoters of it fell in disgrace upon it. But other things concurred to destroy Barnes. In Lent, this year, Bonner had appointed him, and Ger- rard, and Jerome, turns in the course of sermons at St. Paul's Cross, they being in favour with Cromwell, PART I. BOOK III. 475 on whom Bonner depended wholly. But Gardiner sent Bonner word that he intended himself to preach on Sunday at St. Paul's Cross ; and in his sermon he treated of justification, and other points, with many reflections on the Lutherans. Barnes, when it came to his turn, made use of the same text, but preached contrary doctrine, not without some unhandsome re- flections on Gardiner's person ; and he played on his name, alluding to a gardener setting ill plants in a garden. The other two preached the same doctrine, but made no reflections on any person. Gardiner seemed to bear it with a great appearance of neglect and indifFerency : but his friends complained to the King of the unsufferable insolences of these preachers, who did not spare so great a prelate, especially he being a privy-counsellor. So Barnes was questioned for it, and commanded to go and give the Bishop of Winchester satisfaction. And the Bishop carried the matter with a great show of moderation, and acted outwardly in it as became his function : though it was believed the matter stuck deeper in his heart, which the effects that followed seemed to demonstrate. The King concerned himself in the matter, and did argue with Barnes about the points in difference. But whether he was truly convinced, or overcome rather with the fear of the King than with the force of his reasonings, he and his two friends, William Jerome and Thomas Gerrard, signed a paper (which will be found in the Collection) in which he acknowledged, collect. ''That, having been brought before the King, f or Numb - uis. mac [ e wa y f or t i ie dissolution of colleges, hospitals, and other foundations of that nature. The courtiers had been practising with the presidents and governors of some of these, to make resignations of them to the King; which were conceived in the same style that PART I. BOOK III. 505 most of the surrenders of monasteries did run in. Eight of these were all really procured, which are enrolled : but they could not make any great progress, because it was provided by the local statutes of most of them, that no president, or any other fellows, could make any such deed, without the consent of all the fellows in the house ; and this could not be so easily obtained. Therefore all such statutes were annulled, and none were any more to be sworn to the observa- tion of them. In the convocation that sat at that time, which, as Therapists was formerly observed, Fuller mistakes for the con- sup p g re" vocation in the thirty-first year of this King; the translation of the Bible was brought under examina- tion, and many of the bishops were appointed to pe- ruse it : for it seems complaints were brought against it. It was certainly the greatest eye-sore of the popish party; and that which they knew would most effec- tually beat down all their projects. But there was no opposing it directly, for the King was fully resolved to go through with it. Therefore the way they took was, once to load the translation then set out with as many faults as they could ; and so to get it first con- demned, and then to promise a new one: in the making and publishing of which it would be easy to breed many delays. But Gardiner had another sin- gular conceit: he fancied there were many words in the New Testament of such majesty, that they were not to be translated ; but must stand in the English Bible as they were in the Latin. A hundred of these he put into writing, which was read in convocation. His design in this was visible: that if a translation must be made, it should be so daubed all through with Latin words, that the people should not under- stand it much the better for its being in English. A taste of this the reader may have by the first twenty of them : ecdeaia, pcenitcutia, pontiftx, andlla, con- trifus, olocausta,justilia,justi/icatio, idiota, dementa, baptizare, martyr, adorare, saiidalium, simplex, te- trarcha, sacramentum, simulacrum, gloria. The de- sign he had of keeping some of these, particularly the 506 BURNET'S REFORMATION. last save one, is plain enough; that the people might not discover that visible opposition, which was be- tween the Scriptures and the Roman church, in the matter of images. This could not be better palliated, than by disguising these places with words that the people understood not. How this was received, Fuller has not told us. But it seems Cranmer found, that the bishops were resolved either to condemn the translation of the Bible, or to proceed so slowly in it, that it should come to nothing: therefore he moved the King to refer the perusing of it to the two universi- ties. The bishops took this very ill, when Cranmer intimated it to them in the King's name ; and objected, that the learning of the universities was much decayed of late, and that the two houses of convocation were the more proper judges of that, where the learning of the land was chiefly gathered together. But the Archbishop said he would stick close to the King's pleasure, and that the universities should examine it. Upon which, all the bishops of his province, except Ely and St. David's, protested against it; and soon after the convocation was dissolved. Bonner-s Not long after this, I find Bonner made some in- uonT junctions for his clergy; which have a strain in them, so far 'different from the rest of his life, that it is more probable they were drawn by another pen, and im- posed on Bonner by an order from the King. They were set out in the thirty-fourth year of the King's reign; but the time of the year is not expressed, collect. The reader will find them in the Collection at their 61 full length. The substance of them is : " First, That all should observe the King's injunc- tions. " Secondly, That every clergyman should read and study a chapter of the Bible every day, with the ex- position of the gloss, or some approved doctor; which having once studied, they should retain it in their me- mories, and be ready to give an account of it to him, or any whom he should appoint. " Thirdly, That they should study the book set forth by the bishops, of the Institution of a Christian Man. PART I. BOOK III. 507 "Fourthly, That such as did not reside in their benefices should bring their curates to him, or his officers, to be tried. " Fifthly, That they should often exhort their pa- rishioners to make no private contracts of marriage. " Sixthly, That they should marry none who were married before, till they were sufficiently assured that the former husband or wife were dead. " Seventhly, That they should instruct the children of their several parishes; and teach them to read English, that they might know how to believe, and pray, and live, according to the will of God. " Eighthly, That they should reconcile all that were in enmity, and in that be a good example to others. " Ninthly, That none should receive the commu- nion who did not confess to their own curates. " Tenth ly, That none should be suffered to go to taverns, or alehouses, and use unlawful games on Sundays, or holy-days, in time of- Divine service. " Eleventhly, That twice every quarter they should declare the seven deadly sins, and the Ten Com- mandments. "Twelfthly, That no priest should go but in his habit. " Thirteenthly, That no priest should be admitted to say mass, without shewing his letters of orders to the bishop or his officers. " Fourteenthly, That they should instruct the peo- ple to beware of blasphemy, or swearing by any part of Christ's body; and to abstain from scolding and slandering, adultery, fornication, gluttony, or drunk- enness; and that they should present at the next visitation those who were guilty of these sins. " Fifteenthly, That no priest should use unlawful games, or go to alehouses or taverns, but upon an urgent necessity. t " Sixteenthly, No plays or interludes to be acted in the churches. " Seventeenthly, That there should be no sermons preached, that had been made within these two hun- dred or three hundred years. But when they preached, they should explain the whole gospel and epistle for 508 BURNET'S REFORMATION. the day, according to the mind of some good doctor, allowed by the church of England ; and chiefly to in- sist on those places that might stir up the people to good works and to prayer; and to explain the use of the ceremonies of the church. That there should be no railing in sermons ; but the preacher should calmly and discreetly set forth the excellencies of virtue, and the vileness of sin; and should also explain the prayers for that day, that so the people might pray with one heart ; and should teach them the use of the sacraments, particularly of the mass ; but should avoid the reciting of fables, or stories, for which no good writer could be vouched ; and that when the sermon was ended, the preacher should in a few words resume the substance of it. " Eighteenthly, That none be suffered to preach under the degree of a bishop, who had not obtained a license, either from the King, or him their ordinary." These injunctions, especially when they are consi- dered at their full length, will give great light into *^ e temper of men at that time ; and particularly in- form us of the design and method of preaching, as it was then set forward. Concerning which the reader will not be ill pleased to receive some information. In the time of popery there had been few sermons but in Lent : for their discourses on the holy-days, were rather panegyrics on the saints, or the vain magnify- ing of some of their relics, which were laid up in such or such places. In Lent there was a more solemn and serious way of preaching ; and the friars, who chiefly maintained their credit by their performances at that time, used all the force of their skill and in- dustry to raise the people into heats, by passionate and affecting discourses. Yet these generally tended to raise the value of some of the laws of the church, such as abstinence at that time, confession, with other corporal severities ; or some of the little devices, that both inflamed a blind devotion, and drew money ; such as indulgences, pilgrimages, or the enriching the shrines and relics of the saints. But there was not that pains taken to inform the people of the hate- PART I. BOOK III. 509 fulness of vice, and the excellency of holiness, or of the wonderful love of Christ, by which men might be engaged to acknowledge and obey him. And the design of their sermons was rather to raise a present heat, which they knew afterwards how to manage, than to work a real reformation on their hearers. They had also intermixed with all Divine truths so many fables, that they were become very extrava- gant ; and that alloy had so embased the whole, that there was great need of a good discerning, to deliver people from those prejudices, which these mixtures brought upon the whole Christian doctrine. There- fore the reformers studied, with all possible care, to instruct the people in the fundamentals of Christia- nity, with which they had been so little acquainted. From hence it came, that the people ran after those new preachers with wonderful zeal. It is true, there seems to be very foul and indiscreet reflections on the other party, in some of their sermons : but if any have applied themselves much to observe what sort of men the friars and the rest of the p9pish clergy were at that time, they shall find great excuses for those heats. And as our Saviour laid open the hy- pocrisies and impostures of the scribes and pharisees, in a style which such corruptions extorted, so there was great cause given to treat them very roughly : though it is not to be denied, but those preachers had some mixtures of their own resentments, for the cruelties and ill usage which they received from them. But now that the Reformation made a greater pro- gress, much pains was taken to send eminent preachers over the nation ; not confining them to particular charges, but sending them with the King's license up and down to many places. Many of these licenses are enrolled, and it is likely that many were granted that were not so carefully preserved. But provision was also made for people's daily instruction : and because, in that ignorant time, there could not be found a sufficient number of good preachers, and, in a time of so much juggling, they would not trust the instruction of the people to every one ; therefore none 510 BURNET'S REFORMATION. was to preach except he had gotten a particular li- cense for it from the King, or his diocesan. But to qualify this, a book of Homilies was printed ; in which the gospels and epistles of all the Sundays and holy-days of the year were set down, with a homily to every one of these, which is a plain and practical paraphrase on those parcels of Scripture. To these are added many serious exhortations, and some short explanations of the most obvious difficulties, that shew the compiler of them was a man both of good judg- ment and learning. To these were also added, ser- mons on several occasions ; as, for weddings, christen- ings, and funerals ; and these were to be read to the people by such as were not licensed to preach. But those who were licensed to preach, being often ac- cused for their sermons, and complaints being made to the King by hot men on both sides, they came ge- nerally to write and read their sermons. From thence the reading of sermons grew into a practice in this church : in which, if there was not that heat and fire which the friars had shewed in their declamations, so that the passions of the hearers were not so much wrought on by it ; yet it has produced the greatest treasure of weighty, grave, and solid sermons, that ever the church of God had, which does in a great measure compensate that seeming flatness to vulgar ears that is in the delivery of them. ys and The injunctions take notice of another thing, which the sincerity of an historian obliges me to give an account of, though it was indeed the greatest blemish of that time : these were the stage-plays and inter- ludes that were then generally acted, and often in churches. They were representations of the corrup- tions of the monks, and some other feats of the popish clergy. The poems were ill contrived, and worse expressed ; if there lies not some hidden wit in these ballads (for verses they were not) which at this dis- tance is lost : but from the representing the immora- lities and disorders of the clergy, they proceeded to act the pageantry of their worship. This took with the people much ; who, being provoked by the mis- interludes then PART I. BOOK III. 511 carriages and cruelties of some of the clergy, were not ill pleased to see them and their religion exposed to public scorn. The clergy complained much of this, and said it was an introduction to atheism and all sort of irreligion : for if once they began to mock sacred things, no stop could be put to that petulant humour. The grave and learned sort of reformers disliked and condemned these courses, as not suitable to the genius of true religion ; but the political men of that party made great use of them, encouraging them all they could ; for they said, contempt being the most operative and lasting affection of the mind, nothing would more effectually drive out many of those abuses, which yet remained, than to expose them to the contempt and scorn of the people. In the end of this year a war broke out between war England and Scotland, set on by the instigation ofS the French King, who was also beginning to be an s** 18 uneasy neighbour to those of the English pale about Calais. The King set out a long declaration, in which he very largely laid out the pretensions the crown of England had to an homage from the Kings of Scot- land. In this I am no fit person to interpose ; the matter being disputed by the learned men of both nations. The Scots said it was only for some lands their kings had in England that they did homage, as the kings of England did for Normandy and Guienne to the kings of France : but the English writers cited many records, to shew that the homage was done for the crown of Scotland. To this the Scots replied, that in the invasion of Edward the First he had car- ried away all their ancient records ; so these being lost, they could only appeal to the chronicles that lay up and down the nation in their monasteries : that all these affirmed the contrary, and that they were a free kingdom ; till Edward the First, taking advan- tage of their disputes about the succession to their crown, upon the death of Alexander the Third, got some of the competitors to lay down their pretensions at his feet, and to promise homage : that this was also performed by John Balliol, whom he preferred to the 512 BURNET'S REFORMATION. crown of Scotland ; but by these means he lost the hearts of the nation ; and it was said, that his act of homage could not give away the rights of a free crown and people. And they said, that whatsoever submis- sions had been made since that time, they were only extorted by force, as the effects of victory and con- quest, but gave no good right nor just title. To all this the English writers answered, that these submis- sions, by their records (which were the solemn instru- ments of a nation that ought never to be called in question), were sometimes freely made ; and not by their kings only, but by the consent of their states. In this uncertainty I must leave it with the reader. But, after the King had opened this pretension, " he complained of the disorders committed by the Scots ; of the unkind returns he had met with from their King for his care of him while he was an infant; taking no advantage of the confusions in which that kingdom then was ; but, on the contrary, protecting the crown and quieting the kingdom. But that of late many depredations and acts of hostility had been committed by the Scots : and though some treaties had been begun, they were managed with so much shuffling and inconstancy, that the King must now try it by a war." Yet he concluded his declaration am- biguously, neither keeping up nor laying down his pretensions to that crown ; but expressing them in such a manner, that which way soever the success of the war turned, he might be bound up to nothing by what he now declared. But whatsoever justice might be in the King's title r quarrel, his sword was much the sharper. He or- dered the Duke of Norfolk to march into Scotland, about the end of October, with an army of twenty thousand men. Hall tells us, they burnt many towns, and names them. But these were only single houses, or little villages ; and the best town he names is Kelso, which is a little open market-town. Soon after they returned back into England ; whether, after they had spoiled the neighbouring country, they felt the incon- veniences of the season of the year, or whether, hear- PART 1. BOOK III. 513 ing the Scots were gathering, they had no mind to Q-O too far, I cannot determine ; for the writers of both nations disagree as to the reason of their speedy re- turn But any that knows the country they spoiled, and where they stopped, must conclude, that either they had secret orders only to make an inroad and de- stroy some places that lay along the river of Tweed, and upon the border, which done, without driving the breach too far, to retire back ; or they must have had apprehensions of the Scottish armies coming to lie in these moors and hills of Sautrey, or Lammer-Moor, which they were to pass if they had gone farther : and there were about ten thousand men brought thither, but he that commanded them was much blamed for doing nothing; his excuse was that his number did not equal theirs. About the end of November, the Lord Maxwell brought an army of fifteen thousand men together, with a train of artillery of twenty-four pieces of ordnance. And since the Duke of Norfolk had retired towards Berwick, they resolved to enter England, on the western side, by Sol way Frith. The King went thither himself, but fatally left the army, and yet was not many miles from them when they were defeated. The truth of it was, that King, who had hitherto raised the greatest expectation, was about that time disturbed in his fancy, thinking that he saw apparitions, particularly of one, whom it was said he had unjustly put to death ; so that he could not rest, nor be at quiet. But as his leaving the army was ill advised, so his giving a commission to Oliver Sinclair, that was his minion, to command in chief, did ex- tremely disgust the nobility.* They loved not to be commanded by any but their King; and were already weary of the insolence of that favourite, who, being but of ordinary birth, was despised by them, so that they were beginning to separate. And when they were The upon that occasion, in great disorder, a small body ^ of English, not above five hundred horse, appeared : but they, apprehending it was the Duke of Norfolk's * Oliver Sinclair was the more obnoxious to the nobility, as being reputed a creature of the Bishops, who at that time had too much power over the King's mind. N. VOL- I. 2 L 514 BURNET'S REFORMATION. army, refused to fight, and fell in confusion. Many prisoners were taken, the chief of whom were, the Earls of Glencairn .and Cassillis, the Lords Maxwell, Sommervell, Oliphant, Gray, and Oliver Sinclair ; and about two hundred gentlemen and eight hundred sol- diers ; and all the ordnance and baggage was also taken. The news of this being brought to the King of Scotland increased his former disorders ; and some few days after he died, leaving an infant daughter, but newly born, to succeed him. Many pn- The lords that were taken prisoners were brought t'rie t London, where, after they had been charged in council how unkindly they had used the King, they were put in the keeping of some of the greatest qua- lity about court. But the Earl of Cassillis had the best luck of them all: for being sent to Lambeth, where he was a prisoner upon his parole, Cranmer studied to free him from the darkness and fetters of popery ; in which he was so successful, that the other was afterwards a great promoter of the Reformation in Scotland. The Scots had been hitherto possessed with most extraordinary prejudices against the changes that had been made in England ; which concurring with the ancient animosities between the two nations, had raised a wonderful ill opinion of the King's pro- ceedings. And though the Bishop of St. David's (Barlow), had been sent into Scotland with the book of the " Institution of a Christian Man," to clear these ill impressions, yet his endeavours were unsuccessful. The Pope, at the instance of the French King, and to make that kingdom sure, made David Beaton, arch- bishop of St. Andrew's, a cardinal, which gave him great authority in the kingdom : so he with the rest of the clergy diverted the King from any correspon- dence with England, and assured him of victory if he would make war on such an heretical prince. The clergy also offered the King fifty thousand crowns a-year towards a war with England; and possessed all the nation with very ill thoughts of the court and clergy there. But the lords that were now prisoners (chiefly the Earl of Cassillis, who was best instructed PART I. BOOK III. 515 by his religious host), conceived a better opinion of the Reformation, and carried home with them those seeds of knowledge which produced afterwards a very fruitful harvest. On all these things I have dwelt the longer, that it might appear whence the inclination of the Scottish nobility to reform did take its first rise ; though there was afterwards, in the methods by which it was advanced, too great a mixture of the heat and forwardness that is natural to the genius of that country. When the news of the King of Scotland's death, and of the young Queen's birth that succeeded him, came to the court, the King thought this a very favour- able conjuncture to unite and settle the whole island. But that unfortunate Princess was not born under such happy stars, though she was mother to him in whom this long-desired union took effect. The lords that were then prisoners began the motion ; and that being told the King, he called for them to Hampton- Court, in the Christmas-time ; and said, now an op- portunity was put in their hands to quiet all troubles that had been between these two crowns, by the mar- riage of the Prince of Wales to their young Queen ; in which he desired their assistance, and gave them their liberty, they leaving hostages for the perform- ance of what was then offered by them. They all pro- mised their concurrence, and seemed much taken with the greatness of the English court, which the King always kept up, not without affectation : they also said, they thought God was better served there than in their own country. So on New-Year's-day they took their journey towards Scotland ; but the sequel of this will appear afterwards. A parliament was summoned to meet the 22d of 15*3. January, which sat till the 12th of May: so the ses- f^L* 1 sion began in the thirty-fourth, and ended in the thirty- fifth year of the King's reign ; from whence it is called in the Records, the parliament of the thirty-fourth and thirty-fifth year. Here both the temporality and spi- rituality gave great subsidies to the King, of six shil- lings in the pound, to be paid in three years. They 2 L 2 516 BURNET'S REFORMATION. set forth in their preambles, " The expense the King had been at in his war with Scotland, and for his other great and urgent occasions;" by which was meant a war with France, which broke out the following sum- mer. But with these there passed other two acts of great importance to religion. The title of the first was, " An act for the advancement of true religion, and abolishment of the contrary." The King was now entering upon a war; so it seemed reasonable to qua- lify the severity of the late acts about religion, that cranmer all might be quiet at home. Cranmer moved it first, 'rehr"* and was faintly seconded by the Bishops of Worces- mation. ter, Hereford, Chichester, and Rochester, who had promised to stick to him in it. At this time a league was almost finished between the King and the Empe- ror, which did again raise the spirit of the popish fac- tion. They had been much cast down ever since the last Queen's fall. But now that the Emperor was like to have an interest in English councils, they took heart again; and Gardiner opposed the Archbishop's mo- tion with all possible earnestness : and that whole faction fell so upon it, that the timorous bishops not only forsook Cranmer, but Heath, of Rochester, and Skip, of Hereford, were very earnest with him to stay for a better opportunity ; but he generously preferred his conscience to those arts of policy which he would never practise, and said he would push it as far as it would go. So he plied the King and the other lords so earnestly, that at length the bill passed, though clogged with many provisos, and very much short of what he had designed. AD act The preamble set forth, "That, there being many "' dissensions about religion, the Scriptures, which the King had put into the hands of his people, were abused by many seditious persons in their sermons, books, plays, rhymes, and songs ; from which great inconveniences were like to arise. For preventing these, it was necessary to establish a form of sincere doctrine, conformable to that which was taught by the apostles. Therefore all the books of the Old and New Testament, of Tindal's translation (which is called PART I. BOOK III. 517 crafty, false, and untrue), are forbidden to be kept or used in the King's dominions ; with all other books contrary to the doctrine set forth in the year 1540;* with punishments, and fines, and imprisonment, upon such as sold or kept such books. But Bibles that were not of Tindal's translation were still to be kept, only the annotations or preambles that were in any of them, were to be cut out, or dashed ; and the King's proclamations and injunctions, with the Primers and other books printed in English, for the instruction of the people, before the year 1540, were still to be in force ; and among these, Chaucer's books are by name mentioned. No books were to be printed about re- ligion, without the King's allowance. In no plays nor interludes they might make any expositions of Scripture; but only reproach vice, and set forth virtue in them. None might read the Scripture in any open assembly, or expound it, but he who was licensed by the King or his ordinary ; with a proviso, that the chancellors in parliament, judges, recorders, or any others, who were wont in public occasions to make speeches, and commonly took a place of Scripture for their text, might still do as they had done formerly. Every nobleman or gentleman might cause the Bible to be read to him, in or about his house, quietly and without disturbance. Every merchant that was a householder might also read it ; but no woman nor artificers, apprentices, journeymen, serving-men under the degree of yeomen, nor no husbandmen, or labour- ers, might read it : yet every noble woman, or gentle- woman, might read it for herself; and so might all other persons but those who were excepted. Every person might read and teach in their houses the book set out in the year 1540,* with the Psalter, Primer, Paternoster, the Ave, and the Creed, in English. All * According to the act itself it should be " since the year 1540, is, or any time hereafter during the King's Majesty's Life, &c. shall be set forth by his Highness." This is connected with the mistake noticed before, p. 470. The au- thor still supposing that the Necessary Erudition was actually published in 1540, which was not the case, though the commissioners appointed to draw it up, held a meeting then upon the subject, it appears to have been before the convo- cation, in the last week of April 1543, and to have been printed on the 29th of May following. See before 470. 518 BURNET'S REFORMATION. spiritual persons who preached or taught contrary to the doctrine set forth in that book, were to be admitted, for the first conviction, to renounce their errors ; for the second to abjure, and carry a faggot ; which if they refused to do, or fell into a third offence, they were to be burnt. But the laity for the third offence were only to forfeit their goods and chattels, and be liable to perpetual imprisonment. But these offences were to be objected to them within a year after they were committed. And whereas before, the party ac- cused was not allowed to bring witnesses for his own purgation ; this was now granted him. But to this a severe proviso was added, which seemed to over- throw all the former favour ; that the act of the six Articles was still in the same force in which it was before the making of this act. Yet that was mode- rated by the next proviso ; that the King might, at any time hereafter, at his pleasure, change this act, or any provision in it." This last proviso was made stronger by another act, made for the due execution of proclamations, in pur- suance of a former act to the same effect, of which mention was made in the thirty-first year of the King's reign. By that former act there was so great a number of officers of state, and of the King's household, of ' O 7 judges, and other persons, to sit on these trials, that those not being easily brought together, the act had never taken any effect. Therefore it was now ap- pointed, that nine counsellors should be a sufficient number for these trials. At the passing of that act the Lord Montjoy protested against it, which is the single instance of a protestation against any public bill through this King's whole reign. The act about religion freed the subjects from the fears under which they were before. For now the laity were delivered from the hazard of burning ; and the spirituality were not in danger, but upon the third conviction : they might also bring their own witnesses, which was a great favour to them. Yet that high power which was given the King, of altering the act, or any parts of it, made, that they were not absolutely PART I. BOOK III. 519 secured from their fears, of which some instances afterwards appeared. But as this act was some miti- gation of former severities, so it brought the reformers to depend wholly on the King's mercy for their lives; since he could now chain up, or let loose, the act of the six Articles upon them at his pleasure. Soon after the end of this parliament, a league was A league sworn between the King and the Emperor on Trinity the'iung Sunday, offensive and defensive for England, Calais, an * or Em and the places about it, and for all Flanders ; with many other particulars, to be found in the treaty set down at large by the Lord Herbert. There is no mention made of the legitimation of the Lady Mary ; but it seems it was promised that she should be de- clared next in the succession of the crown to Prince Edward, if the King had no other children ; which was done in the next parliament, without any reflec- tions on her birth : and the Emperor was content to accept of that, there being no other terms to be ob- tained. The popish party, who had set up their rest on bringing the King and Emperor to a league, and putting the Lady Mary into the succession, no doubt pressed the Emperor much to accept of this ; which we may reasonably believe was vigorously driven on by Bonner, who was sent to Spain an ambassador for concluding this peace, by which also the Emperor gained much ; for having engaged the crowns of England and France in a war, and drawn off the King of England from his league with the princes of Ger- many, he was now at more leisure to prosecute his designs in Germany. But the negotiation in Scotland succeeded not to A treaty the King's mind, though at first there were very good ^,* h appearances. The Cardinal, by forging a will for the with tbe dead King, got himself and some of his party to be put into the government. But the Earl of Arran (Hamilton) being the nearest in blood to the young Queen, and being generally beloved for his probity, was invited to assume the government, which he managed with great moderation, and a universal ap- plause. He summoned a parliament, which confirmed 520 BURNET'S REFORMATION. him in his power, during the minority of the Queen. The King sent Sir Ralph Sadler to him to agree to the marriage, and to desire him to send the young Queen into England : and if private ends wrought much on him, Sadler was empowered to offer another marriage of the King's second daughter, the Lady Elizabeth, to his son. The Earl of Arran was him- self inclinable to reformation, and very much hated the Cardinal : so he was easily brought to consent to a treaty for the match, which was concluded in August, by which the young Queen was to be bred in Scotland till she was ten years of age ; but the King might send a nobleman and his wife, with other per- sons, not exceeding twenty, to wait on her : and for performance of this, six noblemen were to be sent from Scotland for hostages. The Earl of Arran being then governor, kept the Cardinal under restraint till this treaty was concluded; but he, corrupting his keepers, made his escape, and joining with the Queen-Mother, they made a strong faction against the Governor : all the clergy joined with the Cardinal to oppose the match with England, since they looked for ruin if it succeeded. The Queen, being a sister of Guise, and bred in the French court, was wholly for their inte- rests ; and all that had been obliged by that court, or depended on it, were quickly drawn into the party. The differ. It was also said to every body, that it was much more the interest of Scotland to match with France than with England. If they were united to France, they might expect an easy government : for the French being at such a distance from them, and knowing how easily they might throw themselves into the arms of England, would certainly rule them gently, and avoid giving them great provocations. But if they were united to England, they had no remedy, but must look for a heavier yoke to be laid on them. This, meeting with the rooted antipathy that, by a long continuance of war, was grown up among them to a savage hatred of the English nation, and being in- flamed by the considerations of religion, raised a universal dislike of the match with England, in the French party PART I. BOOK III. 521 greatest part of the whole nation ; only a few men of greater probity, who were weary of the depredations and wars in the borders, and had a liking to the Re- formation of the church, were still for it. The French court struck in vigorously with their The party in Scotland, and sent over the Earl of Lenox ; who, as he was next in blood to the crown after the p feTails - Earl of Arran, so was of the same family of the Stuarts, which had endeared him to the late King. He was to lead the Queen's party against the Hamiltons ; yet they employed another tool, which was John Hamil- ton, base brother to the Governor, who was after- wards archbishop of St. Andrew's. He had great power over his brother ; who, being then not above four-and-twenty years of age, and having been the only lawful son of his father in his old age, was never bred abroad ; and so understood not the policies and arts of courts, and was easily abused by his base bro- ther. He assured him, that if he went about to de- stroy religion, by matching the Queen to an heretical Prince, they would depose him from his government, and declare him illegitimate. There could be indeed nothing clearer than his father's divorce from his first wife : for it had been formerly proved, that she had been married to the Lord Tester's son before he mar- ried her, who claimed her as his wife ; upon which her marriage with the Earl of Arran was declared null in the year 1 507 : and it was ten years after, that the Earl of Arran did marry the Governor's mother : of which things the original instruments are yet ex- tant. Yet it was now said, that that precontract with the Lord Yester's son was but a forgery, to dissolve that marriage ; and if the Earl of Lenox (who was next to the crown, in case the Earl of Arran was il- legitimated) should, by the assistance of France, pro- cure a review of that process from Rome, and obtain a revocation of that sentence by which his father's first marriage was annulled, then it was plain that the second marriage, with the issue by it, would be of no force. All this wrought on the Governor much, and at length drew him off from the match with 522 BURNET'S REFORMATION. England, and brought him over to the French inte- rests : which being effected, there was no further use of the Earl of Lenox ; so he, finding himself neglected by the Queen and the Cardinal, and abandoned by the crown of France, fled into England, where he was very kindly received by the King, who gave him in marriage his niece, Lady Magaret Douglass, whom the Queen of Scotland had born to the Earl of Angus, her second husband : from which marriage issued the Lord Darnley, father to King James. When the lords of the French faction had carried things to their mind in Scotland, it was next consi- dered, what they should do to redeem the hostages whom the lords, who were prisoners in England, had left behind them. And for this, no other remedy could be found, but to let them take their hazard, and leave them to the King of England's mercy : to this they all agreed, only the Earl of Cassillis had too much honour and virtue to do so mean a thing. Therefore, after he had done all he could for maintaining the treaty about the match, he went into England, and offered himself again to be a prisoner ; but as generous actions are a reward to themselves, so they often meet with that entertainment which they deserve : and upon this occasion, the King was not wanting to ex- press a very great value for that lord. He called him another Regulus, but used him better ; for he both gave him his liberty and made him noble pre- sents, and sent him and his hostages back, being re- solved to have a severer reparation for the injury done him. All which I have opened more fully, because this will give a great light to the affairs of that king- dom ; which will be found in the reigns of the suc- ceeding princes, to have a great intermixture with the affairs of this kingdom. Nor are they justly re- presented by any who write of these times ; and, hav- ing seen some original papers relating to Scotland at that time, I have done it upon more certain in- formation. A war with The King of England next made war upon France : trance, gpounds of this war are recited by the Lord Her- PART I. BOOK III. 523 bert. One of these is proper for me to repeat : " That the French King had not deserted the Bishop of Rome, and consented to a reformation, as he had once pro- mised. The rest related to other things : such as the seizing our ships ; the detaining the yearly pension due to the King ; the fortifying Ardres, to the pre- judice of the English pale ; the revealing the King's secrets to the Emperor ; the having given, first his daughter, and then the Duke of Guise's sister, in marriage to his enemy the King of Scotland ; and his confederating himself with the Turk. And satis- faction not being given in these particulars a war is declared." In July the King married Katherine Parre, who had been formerly married to Nevil, lord Latimer. She was a secret favourer of the Reformation ; yet could not divert a storm, which at this time fell on some in Windsor : for that being a place to which the King did oft retire, it was thought fit to make some examples there. And now the league with the Emperor gave the popish faction a greater interest in the King's councils. There was at this time a society at Windsor, that favoured the Reformation : Anthony Person, a priest, Robert Testwood, and John Marbeck, singing-men, and Henry Filmer, of the town of Windsor, were the chief of them ; but those were much favoured by Sir Philip Hobby and his Lady, and seve- ral others of the King's family. During Cromwell's power none questioned them ; but after his fall they were looked on with an ill eye. Doctor London, who had, by the most servile flatteries, insinuated himself into Cromwell, and was much employed in the sup- pression of monasteries, and expressed a particular zeal in removing all images and relics which had been abused to superstition, did now, upon Cromwell's fall, apply himself to Gardiner, by whose means he was made a prebendary there. And, to shew how dex- terously he could make his court both ways, or to make compensation for what he had formerly done, he took care to gather a whole book of informations against those in Windsor, who favoured the new uiuusuess. 524 BURNET'S REFORMATION- learning 1 , (which was the modest phrase by which they termed the Reformation.) He carried this book to Gardiner, who moved the King in council, that a commission might be granted for searching suspected houses at Windsor, in which it was informed there were many books against the six Articles. The King granted the warrant for the town, but not for the cas- tle. So those before named were seized on, and some of these books were found in their houses. Dr. Hains, dean of Exeter and prebendary of Windsor, being in- formed against, was also put in prison ; so was like- wise Sir Philip Hobby. But there was likewise some papers of notes on the Bible, and of a concordance in English, found in Marbeck's house, written with his own hand : and he being an illiterate man, they did not doubt but these were other men's works, which he was writing out : so they began with him, and hoped to draw discoveries from him. He was fre- quently examined, but would tell nothing that might do hurt to any other person. But being examined, who wrote these notes, he said they were his own : for he read all the books he could light on, and wrote out what every man had written on any place of Scripture. And for his concordance, he told them, that, being a poor man, he could not buy one of the Bibles when they came first out in English, but set himself to write one out ; by which another, per- ceiving his industry, suggested to him, that he would do well to write a concordance in English ; but he said, he knew not what that was ; so the other per- son explaining it to him, he got a Latin concordance, and an English Bible ; and having learned a little Latin, when he was young, he, by comparing the English with the Latin, had drawn out a concord- ance, which he had brought to the letter L. This seemed so extravagant a thing to Gardiner, and the other bishops that examined him, that they could by no means believe it : but he desired they would draw out any words of the letter M, and give him the Latin concordance, with the English Bible, and after a little time they should see whether he had not done the PART I. BOOK III. 525 rest. So the trial was made ; and in a day's time he had drawn out three sheets of paper, upon those words that were given him. This both satisfied and astonished the bishops, wondering at the ingenious- ness and diligence of so poor a man. It was much talked of, and being told the King, he said, " Marbeck employed his time better than those that examined him." For the others, they were kept in prison at London till the 24th of July, that the King gave orders to try them at Windsor. There was a court held there on the 27th of July, Three where Capon, bishop of Sarum, and Franklin, dean wiTcLor. of Windsor, and Fachel, parson of Reading, and three of the judges, sat on those four men. They were indicted for some words spoken against the mass; Marbeck only for writing out an epistle of Calvin's against it, which he said he copied before the act of the six Articles was made. The jury was not called out of the town, for they would not trust it to them, but out of the farms of the chapel. They were all found guilty, and so conojemned to be burnt, which was executed on three of them the next day ; only Marbeck was recommended to the Bishop of Win- chester's care, to procure his pardon, which was ob- tained. The other three expressed great composure of mind in their sufferings, and died with much Chris- tian resolution and patience, forgiving their perse- cutors, and committing themselves to the mercies of God through Jesus Christ. But in their trial, Doctor London, and Symonds, Their p* r - a lawyer and an informer, had studied to fish out ac- *epr- cusations against many of the King's servants, as Sir- jare ancient enemy the French King, and being desirous to settle the succession to the crown : it is enacted, that, in default of heirs of Prince Ed ward's body, or of heirs by the King's present marriage, the crown shall go to the Lady Mary, the King's eldest daughter : and in de- fault of heirs of her body, or if she do not observe such limitations or conditions as shall be declared by the King's letters-patents, under his great-seal, or by his last will under his hand, it shall next fall to the Lady Elizabeth and her heirs ; or if she have none, or shall not keep the conditions declared by the King, it shall fall to any other that shall be declared by the King's letters-patents, or his last will, signed with his hand. There was also an oath devised, instead of those for- merly sworn, both against the Pope's supremacy, and for maintaining the succession in all points, accord- ing: to this act : which whosoever refused to take, O was to be adjudged a traitor ; and whosoever should either in words, or by writing, say any thing contrary to this act, or to the peril and slander of the King's heirs, limited in the act, was to be adjudged a traitor." This was done, no doubt, upon a secret article of the treaty with the Emperor ; and did put new life into the popish party, all whose hopes depended on the Lady Mary. But how much this lessened the pre- VUL. i. 2 M 530 BURNET'S REFORMATION. rogative, and the right of succession, will be easily discerned ; the King in this affecting an unusual ex- tent of his own power, though with the diminution of the rights of his successors. There was another bill about the qualifying of the act of the six Articles, that was sent divers times from the one House to the other. It was brought to the Lords the 1st of March, and read the first time ; and stuck till the 4th, when it was read the second time ; on the 5th it was read the third time, and passed, and was sent down to the Commons, with " words to be put in, or put out of it." On the 6th, the Commons sent it up with some alterations : and on the 8th, the Lords sent it down again to the Com- mons ; where it lay till the 17th, and then it was sent up with their agreement. And the King's assent was t given by his letters-patents, on the 29th of March, ^g preamble was, " That whereas untrue accusa- tions and presentments might be maliciously con- trived against the King's subjects, and kept secret till a time were espied to have them by malice convicted ; therefore it was enacted, that none should be indicted but upon a presentment by the oaths of twelve men, to at least three of the commissioners appointed by the King ; and that none should be imprisoned but upon an indictment, except by a special warrant from the King; and that all presentments should be made within one year after the offences were committed ; and if words were uttered in a sermon contrary to the statute, they must be complained of within forty days, unless a just cause were given why it could not be so soon ; admitting also the parties indicted to all such challenges as they might have in any other case of felony." This act has clearly a relation to the conspiracies mentioned the former year, both against the Archbishop and some of the King's servants. Another act passed, continuing some former acts for revising the canon law, and for drawing up such a body of ecclesiastical laws, as should have authority in England. This Cranmer pressed often with great vehemence ; and to shew the necessity of it, drew PART I. BOOK III. 531 out a short extract of some passages in the canon law, (which the reader will find in the Collection,) to shew c<>iie. how indecent a thing it was, to let a volume, in which Nl such laws were, be studied or considered any longer in England. Therefore he was earnest to have such o a collection of ecclesiastical laws made, as might regulate the spiritual courts. But it was found more for the greatness of the prerogative, and the authority of the civil courts, to keep that undetermined ; so he could never obtain his desire during this King's reign. Another act passed in this parliament, for the remis- sion of a loan of money, which the King had raised. This is almost copied out of an act to the same effect, that passed in the twenty-first year of the King's reign : with this addition, that by this act, those who had got payment, either in whole, or in part, of the sums so lent the King, were to repay it back to the Exchequer. All business being finished, and a general pardon passed, with the ordinary exceptions of some crimes, among which heresy is one, the parliament was pro- rogued on the 29th of March to the 4th of November. The King had now a war both with France and Scotland upon him. And therefore to prepare for it, he both enhanced the value of money, and embased it : for which, he that writes his vindication o-ives this ' O for the reason that the coin being generally embased all over Europe, he was forced to do it, lest otherwise all the money should have gone out of the kingdom. He resolved to begin the war with Scotland ; and sent n.. wars an army by sea thither, under the command of the j^'und Earl of Hartford, (afterwards Duke of Somerset,) who succeilsful - landing at Grantham, a little above Leith, burnt and spoiled Leith and Edinburgh, in which they found more riches than they thought could possibly have been there; and they went through the country, burning and spoiling it every where, till they came to Berwick. But they did too much if they intended to gain the hearts of that people, and too little if they intended to subdue them. For as they besieged not the castle of Edinburgh, which would have cost them more time and trouble; so they did not fortify Leith, 2 M 2 532 BURNET'S REFORMATION. nor leave a garrison in it ; which was such an inex- cusable omission, that it seems their counsels were very weak and ill laid. For Leith being fortified, and a fleet kept going between it and Berwick, or Tinmouth, the trade of the kingdom must have been quite stopped, Edinburgh ruined, the intercourse between France and them cut off, and the whole kingdom forced to submit to the King. But the spoils this army made, had no other effect but to enrage the kingdom, and unite them so entirely to the French interests, that when the Earl of Lenox was sent down by the King to the western parts of Scotland, where his power lay, he could get none to follow him. And the Governor of Dunbritton Castle, though his own lieutenant, would not deliver that castle to him, when he understood he was to put it in the King of Eng- land's hands, but drove him out ; others say, he fled away of himself, else he had been taken prisoner. The King was now to cross the seas : but before he went, he studied to settle the matters of religion, so that both parties mighthavesome content. Audley, the chancellor, dying, he made the Lord Wriothesley, that had been secretary, and was of the popish party, lord chancellor ; but made Sir William Petre, that was Cranmer's great friend, secretary of state. He also committed the government of the kingdom in his absence to the Queen, to whom he joined the Arch- bishop of Canterbury, the Lord Chancellor, the Earl of Hartford, and Secretary Petre. And if there was need of any force to be raised, he appointed the Earl of Hartford his lieutenant ; under whose government the reformers needed not fear any thing. But he did another act, that did wonderfully please that whole party ; which was, the translating of the prayers for the processions and litanies into the English tongue. This was sent to the Archbishop of Canterbury on the llth of June, with an order that it should be used over all his province, as the reader will find in the coUrct. Collection. This was not only very acceptable to B ' that party, because of the thing itself; but it gave them hope, that the King was again opening his ears PART I. BOOK III. 633 to motions for reformation, to which they had been shut now about six years : and therefore they looked that more things of that nature would quickly follow. And as these prayers were now set out in English, so they doubted not, but there being the same reason to put all the other offices in the vulgar tongue, they would prevail for that too. Things being thus settled at home, the King, hav- ing sent his forces over before him, crossed the seas, with much pomp, the sails of his ship being of cloth of gold. He landed at Calais the 14th of July. The Emperor pressed his marching straight to Paris ; but he thought it of more importance to take Bulloign, and, after two months' siege, it was surrendered to Buiioi him ; into which he made his entry with great tri- taken ' umph on the 18th of September. But the Emperor, having thus engaged those two crowns in a war, and designing, while they should fight it out, to make him- self master of Germany, concluded a treaty with the French King the very next day, being the 19th of September; which is set down at large by the Lord Herbert. On the 30th of September, the King re- turned to England : in October following, Bulloign was very near lost by a surprise; but the garrison put themselves in order, and beat back the French. Se- veral inroads were made into Scotland, but not with the same success that the former expedition had. For the Scots, animated with supplies sent from France, and inflamed with a desire of revenge, resumed their wonted courage, and beat back the English with con- siderable loss. Next year, the French King, resolving to recover 1545. Bulloign, and to take Calais, that so he might drive the English out of France, intended first to make him- self master of the sea. And he set out a great fleet of a hundred and fifty greater ships, and sixty lesser ones, besides many galleys brought from the Streights. The King set out about a hundred ships. On both sides, these were only merchant ships that were hired for this war. But after the French fleet had looked on England, and attempted to land with ill success, 534 BURNET'S REFORMATION. both in the Isle of Wight and in Sussex, and had engaged in a sea-fight for some hours, they returned back without any considerable action; nor did they any thing at land. But the King's fleet went to Nor- mandy, where they made a descent, and burnt the country; so that this year was likewise glorious to the King. The Emperor had now done what he long designed : and therefore, being courted by both crowns, he undertook a mediation, that, under the colour of mediating a peace, he might the more effec- tually keep up the war. The princes of Germany saw what mischief was designed against them. The council of Trent was now P ene d> an d was condemning their doctrine. A league was also concluded between the Pope and the Em- peror, for procuring obedience to their canons and decrees ; and an army was raising. The Emperor was also setting on foot old quarrels with some of the princes. A firm peace was concluded with the Turk. So that if the crowns of England and France were not brought to an agreement, they were undone. They sent ambassadors to both courts to mediate a peace. With them Cranmer joined his endeavours, but he had not a Cromwell in the court to manage the King's temper; who was so provoked with the ill treatment he had received from France, that he would not come to an agreement: nor would he restore Bulloign, with- out which the French would hear of no peace. Cran- mer had, at this time, almost prevailed with the King to make some further steps in a reformation. But Gardiner, who was then ambassador in the Emperor's court, being advertised of it, wrote to the King; that the Emperor would certainly join with France against him, if he made any further innovation in religion. This diverted the King from it ; and in August, this year, the only great friend that Cranmer had in the court died, Charles, duke of Suffolk, who had long continued in the height of favour ; which was always kept up, not only by an agreement of humours between the King and him, but by the constant, success which followed him in all his exploits. He was a favourer PART I. BOOK III. 535 of the Reformation, as far as could consist with his interest at court, which he never endangered upon any account. Now Cranmer was left alone, without friend or sup- chnrch port: yet he had gained one great preferment in the g^nTo""* church, to a man of his own mind. The archbishop- reforme "- rick of York falling void by Lee's death, Robert Hoi- gate, that was bishop of Landaff, was promoted to that see in January; Kitchin being made bishop of Landaff, who turned with every change that was made under the three succeeding princes. The Archbishop of York set about the reforming of things in his province, which had laid in great confusion all his predecessor's time : so on the 3d of March, he took cut a license from the King for making a metropolitical visitation. Bell, that was bishop of Worcester, had resigned his bishoprick the former year, (the reason of which is not set down.) The Bishop of Rochester, Heath, was translated to that see : and Henry Holbeach, that fa- voured the Reformation, was made bishop of Roches- ter. And, upon the translation of Sampson from Chi- chester to Coventry and Lichfield, Day, that was a moderate man, and inclinable to reformation, was made bishop of that see. So that now Cranmer had a greater party among the bishops than at any time before. But though there were no great transactions about religion in England this year, there were very remark- able things done in Scotland, though of a different nature ; which were, the burning of Wishart, and, some months after that, the killing of Cardinal Bea- ton; the account of both which will not, I hope, be ingrateful to the reader. Mr. George Wishart was descended of a noble fa- want's mily ; he went to finish his studies in the University *n sc 8 * of Cambridge, where he was so well instructed in the ltDd- principles of true religion, that, returning to Scotland, anno 1544, he preached over the country, against the corruptions which did then so generally prevail. He stayed most at Dundee, which was the chief town in these parts. But the Cardinal, offended at this, sent 536 BURNET'S REFORMATION. a threatening message to the magistrates ; upon which one of them, as Wishart ended one of his sermons, was so obsequious as to forbid him to preach any more among them, or give them any further trouble: to whom he answered, " That God knew he had no design to trouble them ; but for them to reject the mes- sengers of God, was not the way to escape trouble ; when he was gone, God would send messengers of another sort among them. He had, to the hazard of his life, preached the word of salvation to them, and they had now rejected him : but if it was long well with them, he was not led by the Spirit of truth ; and if unlooked-for trouble fell on them, he bade them re- member this was the cause of it, and turn to God by repentance." From thence he went to the western parts, where he was also much followed. But the Archbishop of Glasgow giving orders that he should not be admitted to preach in churches, he preached often in the fields: and when, in some places, his fol- lowers would have forced the churches, he checked them, and said, it was the word of peace that he preached, and therefore no blood should be shed about it. But after he had stayed a month there, he heard that there was a great plague in Dundee, which broke out the fourth day after he had left it: upon which, he presently returned thither, and preached oft to them, standing over one of the gates, having taken care that the infected persons should stand without, and those that were clean within the gate. He con- tinued among them, and took care to supply the poor and to visit the sick, and do all the offices of a faith- ful pastor in that extremity. Once, as he ended his sermon, a priest coming to have killed him, was taken with the weapon in his hand ; but when the people were rushing furiously on him, Wishart got him in his arms and saved him from their rage; for he said he had done no harm, only they saw what they might look for. He became a little after this more than or- dinary serious and apprehensive of his end : he was seen sometimes to rise in the night, and spend the greatest part of it in prayer; and he often warned his PART I. BOOK III. 637 hearers that his sufferings were at hand, but that few should suffer after him, and that the light of true re- ligion should be spread over the whole land. He went to a great many places, where his sermons were well received; and came last to Lothian, where he found a greater neglect of the gospel than in other parts, for which he threatened them, "That strangers should chase them from their dwellings, and possess them." He was lodged in a gentleman of quality's house, Cockburn, of Ormeston; when, in the night, the house was beset by some horsemen, who were sent by the Cardinal's means to take him. The Earl of Bothwell, that had the chief jurisdiction in the county, was with them, who promising that no hurt should be done him, he caused the gate to be opened, saying, "The blessed will of God be done." When he presented himself to the Earl of Bothwell, he desired to be proceeded with according to law, for he said, he feared less to die openly, than to be murdered in secret. The Earl pro- mised, upon his honour, that no harm should be done him ; and, for some time, seemed resolved to have made his words good : but the Queen- Mother and Car- dinal, in the end, prevailed with him to put Wishart in their hands ; and they sent him to St. Andrew's, where it was agreed to make a sacrifice of him. Upon this the Cardinal called a meeting of the bishops to St. Andrew's, against the 27th of February, to destroy him with the more ceremony; but the Archbishop of Glas- gow moved, that there should be a warrant procured from the Lord Governor for their proceedings. To this the Cardinal consented, thinking the Governor was then so linked to their interests that he would deny them nothing : but the Governor, bearing in his heart a secret love to religion, and being plainly dealt with by a gentleman of his name, Hamilton, of Preston, who laid before him the just and terrible judgments of God he might look for, if he suffered poor innocents to be so murdered at the appetite of the clergy, sent the Cardinal word not to proceed till he himself came, and that he would not consent to his death, till the cause was well examined ; and that if the Cardinal 538 BURNET'S REFORMATION. proceeded against him, his blood should be required at his hands. But the Cardinal resolved to go on at his peril; for he apprehended if he delayed it, there might be either a legal or a violent rescue made : so he ordered a mock citation of Wishart to appear; who being brought the next day to the abbey church, the process was opened with a sermon, in which the preacher delivered a great deal of good doctrine, con- cerning the Scriptures being the only touchstone by which heresy was to be tried. After sermon, the pri- soner was brought to the bar : he first fell down on his knees, and after a short prayer he stood up, and gave a long account of his sermons: that he had preached nothing but what was contained in the Ten Command- ments, the Apostles' Creed, and the Lord's Prayer ; but was interrupted with reproachful words, and re- quired to answer plainly to the articles objected to him. Upon which he appealed to an indifferent judge: he desired to be tried by the word of God, and before my Lord Governor, whose prisoner he was : but the in- dictment being read, he, confessing and offering to justify most of the articles objected against him, was judged an obstinate heretic, and condemned to be burnt. All the next night he spent in prayer : in the morning, two friars came to confess him, but he said he would have nothing to do with them ; yet, if he could, he would gladly speak with the learned man that preached the day before. So he being sent to him, after much conference, he asked him, if he would receive the sacrament ? Wishart answered, he would most gladly do it, if he might have it as Christ had instituted it, under both kinds ; but the Cardinal would not suffer the sacrament to be given him. And so breakfast being brought, he discoursed to those that were present of the death of Christ, and the ends of the sacrament ; and then, having blessed and conse- crated the elements, he took the sacrament himself, and gave it to those that were with him. That being done, he would taste no other thing, but retired to his devotion. Two hours after the executioners came, and put on him a coat of black linen, full of bags of pow- PART I. BOOK III. 539 der, and carried him out to the place of execution, which was before the Cardinal's castle. He spake a little to the people, desiring them not to be offended at the good word of God, for the sufferings that fol- lowed it; it was the true gospel of Christ that he had preached, and for which, with a most glad heart and mind, he now offered up his life. The Cardinal was set in state in a great window of his castle, looking on this sad spectacle. When Wishart was tied to the stake, he cried aloud, " Saviour of the world, have mercy upon me ! Father of heaven, I recommend my spirit into thy holy hands." So the executioner kin- dled the fire; but one perceiving, after some time, that he was yet alive, encouraged him to call still on God ; to whom he answered, "The flame hath scorched my body, yet hath it not daunted my spirit ; but he who, from yonder high place (looking up to the Cardinal), beholdeth us with such pride, shall within few days lie in the same, as ignominiously as now he is seen proudly to rest himself." The executioner drawing the cord that was about his neck straiter, stopped his breath, so that he could speak no more, and his body was soon consumed by the fire. Thus died this emi- nent servant and witness of Christ; on whose suffer- ings I have enlarged the more, because they proved so fatal to the interests of the popish clergy ; for not any one thing hastened to forward the Reformation more than this did : and since he had both his edu- cation and ordination in England, a full account of him seems no impertinent digression. The clergy rejoiced much at his death ; and thought (according to the constant maxim of all persecutors), that they should live more at ease, now when Wishart was out of the way. They magnified the Cardinal for proceeding so vigorously, without, or rather against, the Governor's orders: but the people did universally look on him as a martyr, and believed an extraordinary measure of God's Spirit had rested on him; since, besides great innocency and purity of life, his predictions came so oft to pass, that he was believed a prophet as well as a saint: and the Re- 540 BURNET'S REFORMATION. formation was now so much opened by his preaching, and that was so confirmed by his death, that the na- tion was generally possessed with the love of it. The nobility were mightily offended with the Cardinal ; and said, Wishart's death was no less than murder, since the clergy, without a warrant from the secular power, could dispose of no man's life: so it came universally to be said, that he now deserved to die by the law ; yet since he was too great for a legal trial, the kingdom being under the feeble government of a regency, it was fit private persons should undertake it; and it was given out, that the killing an usurper was always esteemed a commendable action, and so, in that state of things, they thought secret practices might be justified. This agreeing so much with the temper of some in that nation, who had too much of the heat and forwardness of their country, a few gen- tlemen of quality, who had been ill used by the Car- dinal, conspired his death. He was become gene- rally hateful to the whole nation; and the marriage of his bastard daughter to the Earl of Crawford's eldest son, enraged the nobility the more against him ; and his carriage towards them was insolent and pro- voking. These offended gentlemen came to St. An- drew's the 29th of May; and the next morning, they and their attendants, being but twelve in all, first at- tempted the gate of his castle, which they found open, and made it sure; and though there were no fewer than a hundred reckoned to be within the castle, yet they, knowing the passages of the house, went with very little noise to the servants' chambers, and turned them almost all out of doors; and having thus made the castle sure, they went to the Cardinal's door. He, who till then was fast asleep, suspecting nothing, perceived, at last, by their rudeness, that they were not his friends, and made his door fast against them. So they sent for fire to set to it; upon which he treated with them, and, upon assurance of life, he opened the door: but they rushing in, did most cru- elly and treacherously murder him. A tumult was raised in the town, and many of his friends came to PART I. BOOK III. 541 rescue him; but the conspirators carried the dead body, and exposed it to their view, in the same win- dow out of which he had not long before looked on when Wishart was burnt, which had been universally censured as a most indecent thing in a churchman, to delight in such a spectacle. But those who con- demned this action, yet acknowledged God's justice in so exemplary a punishment; and reflecting on Wishart's last words, were the more confirmed in the opinion they had of his sanctity. This fact was dif- ferently censured ; some justified it, and said, it was only the killing of a mighty robber; others, that were glad he was out of the way, yet condemned the man- ner of it as treacherous and inhuman. And though some of the preachers did afterwards fly to that castle as a sanctuary, yet none of them were either actors or consenters to it: it is true they did generally exte- nuate it, yet I do not find that any of them justified it. The exemplary and signal ends of almost all the conspirators, scarce any of them dying an ordinary death, made all people the more inclined to condemn it. The day after the Cardinal was killed, about a hundred and forty came into the castle and prepared for a siege. The house was well furnished in all things necessary; and it lying so near the sea, they expected help from King Henry, to whom they sent a messenger for his assistance, and declared for him. So a siege following, they were so well supplied from England, that, after five months, the Governor was glad to treat with them, apprehending much the foot- ing the English might have, if those within, being driven to extremities, should receive a garrison from King Henry. They had the Governor also more at their mercy ; for as the Cardinal had taken his eldest son into his house under the pretence of educating him, but really as his father's hostage, designing like- wise to infuse in him a violent hatred of the new preachers; so the conspirators, finding him in the castle, kept him still to help them to better terms. A treaty being agreed on, they demanded their pardon for what they had done, together with an absolution, 512 BURNET'S REFORMATION. to be procured from Rome, for the killing of the Car- dinal; and that the castle, and the Governor's son, should remain in their hands till the absolution was brought over. Some of the preachers, apprehending the clergy might revenge the Cardinal's death on them, were forced to fly into the castle; but one of them, John Rough (who was afterwards burnt in England in Queen Mary's time), being so offended at the licentiousness of the soldiers that were in the cas- tle, who were a reproach to that which they pretended to favour, left them, and went away in one of the ships that brought provisions out of England. When the absolution came from Rome, they excepted to it, for some words in it that called the killing of the Cardi- nal crimen irremissibile, an unpardonable crime; by which they said the absolution gave them no security, since it was null, if the fact could not be pardoned. The truth was, they were encouraged from England ; so they refused to stand to the capitulation, and re- jected the absolution. But some ships and soldiers being sent from France, the castle was besieged at land, and shut up also by sea; and, which was worst of all, a plague broke out within it, of which many died. Upon this, no help coming suddenly from England, they were forced to deliver up the place, on no better terms than their lives should be spared ; but they were to be banished Scotland, and never to re- turn to it. The castle was demolished, according to the canon law, that appoints all places, where any cardinal is killed, to be rased. This was not com- pleted this year, and not till two years after; only I thought it best to join the whole matter together, and set it down all at once. A pariia- In November following a new parliament was mem s .w. j^j^ . wnere ^ toward the expense of the King's wars, the convocation of the province of Canterbury granted a continuation of the former subsidy of six shillings in the pound, to be paid in two years : but, for the chapters temporality, a subsidy was demanded from them of *r n i d s ch "v" n an ther kind : there were in the kingdom several t. the Kin S -colleges, chapels, chantries, hospitals, and fraterni- PART I. BOOK III. 543 ties, consisting of secular priests, who enjoyed pen- sions for saying- mass for the souls of those who had endowed them. Now the belief of purgatory being left indifferent by the doctrine set out by the bishops, and the trade of redeeming souls being condemned, it was thought needless to keep up so many endow- ments to no purpose. Those priests were also gene- rally ill-affected to the King's proceedings, since their trade was so much lessened by them. Therefore many of them had been dealt with to make resigna- tions ; and four-and-twenty of them had surrendered to the King. It was found, also, that many of the founders of these houses had taken them into their own hands ; and that the master, wardens, and go- vernors of them had made agreements for them, and given leases of them : therefore now, a subsidy being demanded, all these were given to the King by act of parliament ; which also confirmed the deeds that any had made to the King : empowering him, in any time of his life, to issue out commissions for seizing on these foundations, and taking them into his own possession : which, being so seized on, should belong to the King and his successors for ever. They also granted another subsidy for the war. When all their business was done, the King came to the House, and made a long speech, of which I cannot sufficiently wonder that no entry is made in the Journals of the House of Lords ; yet it is not to be doubted but he made it, for it was published by Hall soon after. When the Speaker of the House of Commons had presented the bills, with a speech full of respect and compliment, as is usual upon these occasions, the King answered " Thanking them for the subsidy, xh King-* and the bill about the colleges and chantries ; and * e e h assured them, that he should take care both for sup- IIoas "- plying the ministers, for encouraging learning, and relieving the poor ; and that they should quickly per- ceive, that, in these things, their expectations should be answered, beyond what they either wished or de- sired. And, after he had expressed his affection to them, and the assurance he had of their duty and 544 BURNET'S REFORMATION. fidelity to him, he advised them to amend one thing ; which was, that, instead of charity and concord, dis- cord and division ruled every where. He cited St. Paul's words : ' That charity was gentle, and not en- vious, nor proud :' but when one called another he- retic, and the other called him papist, and pharisee, were these the signs of charity ? The fault of this he charged chiefly on the fathers and teachers of the spirituality, who preached one against another, with- out charity or discretion ; some being too stiff in their old mumpsimus, others too busy and curious in their new sumpsimus ; and few preached the word of God truly and sincerely. And how could the poor peo- ple live in concord, when they sowed debate among them ? Therefore he exhorted them to set forth God's word by true preaching, and giving a good example ; or else he, as God's vicar and high minister, would see these enormities corrected, which if he did not do he was an unprofitable servant and an untrue of- ficer. He next reproved them of the temporality, who railed at their bishops and priests : whereas, if they had any thing to lay to their charge, they ought to declare it to the King or his council, and not take upon them to judge such high points : for, though they had the Scriptures given them in their mother- tongue, yet that was only to inform their own con- sciences, and instruct their children and families; but not to dispute, nor from thence to rail against priests and preachers, as some vain persons did. He was sorry that such a jewel as the word of God was so ill used ; that rhymes and songs were taken out of it : but much more sorry that men followed it so little ; for charity was never fainter, a godly life never less appeared, and God was never less reverenced and worshipped. Therefore he exhorted them to live as brethren in charity together, to love, dread, and serve God ; and then the love and union between him and them should never be dissolved. And so exhorting them to look to the execution of the laws which them- selves had desired, he gave his royal assent to the bills, and dismissed the parliament." PART I. BOOK III. 545 The King gave at this time a commission to the Bishops of Westminster, Worcester, and Chichester, and the Chancellor of the court of Augmentation, Sir Edward North, containing, " That whereas the King had founded many cathedrals, in which he had given large allowances, both to be distributed to the poor, and to be laid out for the mending of highways ; to Canterbury, 100/. for the poor, and 40/. for the high- ways : to Rochester, 20/. for the poor, and 20/. for the highways : to Westminster, 100/. for the poor, and 40/. for the high ways : to Winchester, 100 marks for the poor, and 50 for the highways : to Bristol, Gloucester, Chester, Burton-upon-Trent, Thornton, Peterborough, and Ely, 20/. a-piece for the poor, and as much for the highways : to Worcester, 40/. for the poor, and 40/. for the highways : to Duresme, 100 marks for the poor, and 40/. for the highways : and to Carlisle, 15/. for the poor, and as much for the highways : in all, about 550/. a-year to the poor, and about 400/. a-year for the highways : they were to inquire how this money was distributed ; and, if they saw cause, they might order it to be applied to any other use which they should judge more charitable and convenient." But what followed upon this, does not appear by the Records. After the parliament was dissolved, the Universities made their applications to the King, that they might not be included within the general words in the act of dissolution of colleges and fraternities. And Dr. Cox, tutor to the Prince, wrote to Secretary Paget, to " represent to the King the great want of schools, preachers, and houses for orphans ; that beggary would drive the clergy to flattery, superstition, and the old 'dolatry : there were ravenous wolves about the King That would devour universities, cathedrals, and chan- 3ries, and a thousand times as much. Posterity would wonder at such things : therefore he desired the Uni- versities might be secured from their spoils." But the King did quickly free them from these fears. Now I enter into the last year of this King's reign. The war in France was managed with doubtful suc- VOL. i. 2 N 546 BURNET'S REFORMATION. cess : yet the losses were greater on the English side. And the forces being commanded by the Earl of Surrey , who was brave, but unsuccessful ; he was not only blamed, but recalled, and the Earl of Hartford sent to command in his room : but he, being a man of a high spirit, and disdaining the Earl of Hartford, who was now preferred before him, let fall some words of high resentment and bitter contempt, which not long after wrought his ruin. The King was now alone in the war, which was very chargeable to him ; and ob- serving the progress that the council of Trent was making, where Cardinal Pole being one of the legates, he had reason to look for some severe decree to be made against himself; since none of the heretics of Germany were so much hated by the court of Rome as he was : therefore he listened to the counsels of peace. And though he was not old, yet he felt such decays in his strength, that, being extremely corpu- lent, he had no reason to think he could live very long : therefore, that he might not leave his young son in- peace with volved in a war of such consequence, peace was con- cluded in June, which was much to the King's honour ; though the taking and keeping of Bulloign, (which by this peace the King was to keep for eight years) cost him above 1,300,000/. Anewde- Upon the peace, the French admiral, Annebault, refoml- came over to England. And now, again, a resolution tion. O f going on with a reformation was set on foot : for it was agreed between the King and the Admiral, that in both kingdoms the mass should be changed into a communion ; and Cranmer was ordered to draw a form of it. They also resolved to press the Emperor to do the like in his dominions, otherwise to make war upon him : but how this project failed does not appear. The animosities which the former war had raised be- tween the two Kings were converted into a firm friend- ship : which grew so strong on Francis's part, that he never was seen glad at any thing, after he had the news of the King's death. sh.xtoD-8 But now one of the King's angry fits took him at >UCJ " the reformers, so that there was a new persecution of Numb.SR. PART I. BOOK III. 547 them. Nicholas Shaxton, that was bishop of Salis- bury, had been long a prisoner ; but this year he had said, in his imprisonment in the Compter in Bread Street, " That Christ's natural body was not in the sacrament, but that it was a sign and memorial of his body that was crucified for us." Upon this he was indicted, and condemned to be burnt. But the King sent the Bishops of London and Worcester to deal with him to recant ; which, on the 9th of July, he did, acknowledging, " That that year he had fallen, in his old age, in the heresy of the sacramentaries : but that he was now convinced of that error, by their endeavours whom the King had sent to him ; and therefore he thanked the King for delivering him both from temporal and eternal fire :" and subscribed a paper of articles, which will be found in the Collec- collect, tion. Upon this, he had his pardon and discharge sent him the 13th of July, and soon after preached the sermon at the burning of Anne Askew ; and wrote a book in defence of the articles he had subscribed. What became of him all Edward the Sixth's time I cannot tell ; but I find he was a cruel persecutor and burner of protestants in Queen Mary's days : yet it seems those to whom he went over did not consider him much, for they never raised him higher than to be suffragan to the Bishop of Ely. Others were also in- dicted upon the same statute, who got off by a recan- tation, and were pardoned. But Anne Askew 's trial had a more bloody conclusion. She was nobly descended, and educated beyond i tr what was ordinary in that age to those of her sex : but A^ she was unfortunately married to one Kyme, who, A * kew - being a violent papist, drove her out of his house, when he found she favoured the Reformation : so she came to London, where, information being given of some words that she had spoken against the corporal presence in the sacrament, she was put in prison : upon which, great applications were made by many of her friends to have her let out upon bail. The Bishop of London examined her, and, after much pains, she was brought to set her hand to a recantation, by which she 2x2 548 BURNET'S REFORMATION. acknowledged, " That the natural body of Christ was present in the sacrament after the consecration, whe- ther the priest were a good or an ill man ; and that, whether it was presently consumed or reserved in the pLv, it was the true body of Christ." Yet she added to her subscription, that she believed all things ac- cording to the catholic faith, and not otherwise. With this the Bishop was not satisfied ; but, after much ado and many importunate addresses, she was bailed in the end of March this year. But not long after that she was again apprehended, and examined before the King's council, then at Greenwich, where she seemed very indifferent what they did with her. She answered them in general words, upon which they could fix nothing, and made some sharp repartees upon the Bishop of Winchester. Some liked the wit and free- dom of her discourse ; but others thought she was too forward. From thence she was sent to Newgate, where she wrote some devotions and letters, that shew her to have been a woman of most extraordinary parts. She wrote to the King, " That as to the Lord's supper, she believed as much as Christ had said in it, and as much as the catholic church from him did teach." Upon Shaxton's recantation, they sent him to her to prevail with her : but she, instead of yielding to him, charged his inconstancy home upon him. She had been oft at court, and was much favoured by many great ladies there ; and it was believed the Queen had shewed kindness to her. So the Lord Chancellor ex- amined her of what favour or encouragement she had from any in the court, particularly from the Duchess of Suffolk, the Countess of Hartford, and some other ladies : but he could draw nothing from her, save that one in livery had brought her some money, which he said came from two ladies in the court : but they resolved to extort further confessions from her ; and, therefore, carrying her to the Tower, they caused her to be laid on the rack, and gave her a taste of it. Yet she confessed nothing. That she was racked is very certain ; for I find it in an original Journal of the transactions in the Tower, written by Anthony An- PART I. BOOK III. 549 thony. But Fox adds a passage that seems scarce credible ; the thing is so extraordinary, and so unlike the character of the Lord Chancellor, who, though he was fiercely zealous for the old superstition, yet was otherwise a great person : it is, that he commanded the Lieutenant of the Tower to stretch her more, but shec B du he refused to do it; and being further pressed, told th * rtok him plainly he would not do it ; the other threatened him, but to no purpose ; so the Lord Chancellor, throwing off his gown, drew the rack so severely, that he almost tore her body asunder, yet could draw no- thing from her ; for she endured it with unusual pa- tience and courage. When the King heard this, he blamed the Lord Chancellor for his cruelty, and ex- cused the Lieutenant of the Tower. Fox does not vouch any warrant for this ; so that though I have set it down, yet I give no entire credit to it: if it was true, it shews the strange influence of that religion, and that it corrupts the noblest natures ; yet the poor gen- tlewoman's being racked, wrought no pity in the King towards her, for he left her to be proceeded against ac- cording to her sentence : she was carried to the stake in Smithfield a little after that in a chair, not being able to stand through the torments of the rack. There were brought with her, at the same time, one Nicholas And u Belenian, a priest, John Adams, a tailor, and John Lassels, one of the King's servants ; (it is likely he was the same person that had discovered Queen Ka- therine Howard's incontinency ; for which all the popish party, to be sure, bore him ho good will.) They were all convicted upon the statute of the six Arti- cles, for denying the corporal presence of Christ in the sacrament. When they were brought thither, Shaxton, to complete his apostacy, made a sermon of the sacrament, and inveighed against their errors ; that being ended, they were tied to the stake ; and then the Lord Chancellor sent and offered them their pardon, which was ready passed under the seal, if they would recant : but they loved not their lives so well as to redeem them by the loss of a good con- science ; and therefore encouraging one another to but in w u some ounl'j. 550 BURNET'S REFORMATION. suffer patiently for the testimony of the truth, so they endured to the last, and were made sacrifices by fire unto God. There were also two in Suffolk, and one in Norfolk, burnt on the same account a little before this. A new But that party at court, having incensed the King against much against those heretics, resolved to drive it fur- craomer., t ner . an( j t o wor k the rum both of the Archbishop of Canterbury and of the Queen : concluding, that, if these attempts were successful, they should carry every thing else. They therefore renewed their com- plaints of the Archbishop of Canterbury ; and told the King, that though there were evident proofs ready to be brought against him, yet, because of his great- ness and the King's carriage upon the former com- plaints, none durst appear against him : but if he were once put in the Tower, that men might hope to be heard, they undertook to bring full and clear evi- dences of his being a heretic. So the King consented that he should be the next day called before the coun- cil and sent to the Tower, if they saw cause for it. And now they concluded him ruined ; but, in the night, the King sent Sir Anthony Denny to Lambeth to bring the Archbishop to speak with him : and when he came, the King told him what informations had been brought against him, and how far he had yielded to them, that he should be sent to the Tower next day : and, therefore, desired to hear from himself what he had to say upon it. Cranmer thanked him that he had not left him in the dark to be surprised in a matter that concerned him so nearly : he acknow- ledged the equity of the King's proceedings ; and all that he desired was, that he might be brought to make his answer ; and that, since he was to be questioned for some of his opinions, judges might be assigned who understood those matters. The King heard this with astonishment, wondering to see a man so little concerned in his own preservation ; but pleasantly The King-, told him, " he was a fool that looked to his own safety of'him"* so little : for did he think that if he were once put in prison, abundance of false witnesses would not be suborned to ruin him? therefore, since he did not PART I. BOOK III. 651 take care of himself, he would look to it." And so he ordered him to appear next day before the council, upon their summons ; and, when things were objected to him, to say, that since he was a privy-counsellor, he desired they would use him, as they would look to be used in the like case ; and, therefore, to move that his accusers might be brought face to face, and things be a little better considered before he was sent to the Tower. And if they refused to grant that, then he was to appeal personally to the King (who intended to be absent that day), and in token of it should shew them the King's seal-ring which he wore on his finger, and was well known to them all. So the King, giving him his ring, sent him privately home again. Next morning a messenger of the council came early, and summoned him to appear that day before the council : so he went over, but was long kept waiting in the lobby before he was called in. At this unusual sight many were astonished : but Dr. Buts, the King's phy- sician, that loved Cranmer, and presumed more on a diseased King than others durst do, went and told the King what a strange thing he had seen : " the Primate of all England waiting at the council-door among the footmen and servants." So the King sent them word, that he should be presently brought in ; which being done, they said, that there were many informations against him, that all the heresies that were in England came from him and his chaplains. To which he answered as the King had directed him. But they insisting on what was before projected, he said he was sorry to be thus used by those with whom he had sat so long at that board, so that he must ap- peal from them to the King : and with that took out the King's ring and shewed it. This put them in a wonderful confusion ; but they all rose up and went to the King, who checked them severely for using the Archbishop so unhandsomely. He said, "bethought he had a wiser council than now he found they were. He protested, by the faith he owed to God, laying his hand on his breast, that if a prince could be obliged by his subject he was by the Archbishop ; A52 BURN EX'S REFORMATION. and that he took him to be the most faithful subject he had, and the person to whom he was most be- holden." The Duke of Norfolk made a trifling ex- cuse, and said, " they meant no harm to the Arch- bishop, but only to vindicate his innocencv by such a trial, which would have freed him from the aspersions that were cast on him." But the King answered, " he would not suffer men that were so dear to him to be handled in that fashion. He knew the factions that were among them, and the malice that some of them bore to others, which he would either extinguish or punish very speedily." So he commanded them all to be reconciled to Cranmer ; which was done with the outward ceremony of taking him by the hand, and was most real on his part, though the other party did not so easily lay down the hatred they bore him. This I place at this time ; though Parker, who related it, names no year nor time in which it was done ; but he ramer. j ea( j s us verv near j^ ^y saying, it was after the Duke of Suffolk's death ; and this being the only time after that in which the King was in an ill humour against the reformers, I conclude it fell out at this time.* Another That party, finding it was in vain to push at Cran- design r J ' o . f gainst mer any more, did never again endeavour it: yet one 0'^. design failing, they set on another against the Queen. She was a great favourer of the reformers, and had frequently sermons in her privy-chamber by some of those preachers; which were not secretly carried, but became generally known. When it came to the King's ears, he took no notice of it: and the Queen carried herself, in all other things, not only with an exact conduct, but with that wonderful care about the King's * o person, which became a wife that was raised by him to so great an honour, that he was much taken with her; so that none durst venture on making any com- plaints against her. Yet the King's distempers in- creasing, and his peevishness growing with them, he * This story concerning Cranmer must belong to the former year, for Buts, that bore a share in it, died on the 17th of November, 1545 ; as appears by the inscription on his tomb-stone in Fulham church : so this passage, being aftet the Duke of Suffolk's death, which was in August that year, should be placed between August and November, 1545. PART I. BOOK III. 653 became more uneasy ; and whereas she had frequently used to talk to him of religion, and defend the opi- nions of the reformers, in which he would sometimes pleasantly maintain the argument, now, becoming more impatient, he took it ill at her hands. And she had sometimes in the heat of discourse gone very far. So one night, after she had left him, the King being displeased vented it to the Bishop of Winchester that stood by: and he craftily and maliciously struck in with the King's anger, and said all that he could devise against the Queen, to drive his resentments higher; and took in the Lord Chancellor into the de- sign to assist him. They filled the King's head with many stories of the Queen, and some of her ladies : and said they had favoured Anne Askew, and had heretical books amongst them ; and he persuaded the King that they, were traitors as well as heretics. The matter went so far that articles were drawn against her, which the King signed; for without that it was not safe for any to impeach the Queen. But the Lord Chancellor putting up that paper carelessly, it dropped from him ; and being taken up by one of the Queen's party, was carried to her. Whether the King had really designed her ruin or not, is differently repre- sented by the writers who lived near that time : but she, seeing his hand to such a paper had reason to conclude herself lost. Yet by advice of one of her friends, she went to see the King, who, receiving her kindly, set on a discourse about religion. But she answered, " that women, by their first creation, were made subject to men ; and they, being after the image of God, as the women were after their image, ought to instruct their wives, who were to learn of them : and she much more was to be taught by his Majesty, who was a prince of such excellent learning and wis- dom." " Not so, by St. Mary," said the King, " you are become a doctor able to instruct us, and not to be instructed by us." To which she answered, "that it seemed he had much mistaken the freedom she had taken to argue with him, since she did it partly to en- gage him in discourse, and so put over the time, and 554 BURNET'S REFORMATION. make him forget his pain; and partly to receive in- structions from him, by which she had profited much." "And is it even so?" said the King, "then we are friends again." So he embraced her with great af- fection, and sent her away with very tender assurances of his constant love to her. But the next day had been appointed for carrying her and some of her ladies to the Tower. The day being fair, the King went to take a little air in the garden, and sent for her to bear him company. As they were together, the Lord Chan- cellor came in, having about forty of the guard with him, to have arrested the Queen. But the King stepped aside to him; and after a little discourse he was heard to call him knave, fool, and beast, and he bade him get him out of his sight. The innocent Queen, who understood not that her danger was so near, studied to mitigate the King's displeasure, and interceded for the Lord Chancellor. But the King told her, she had no reason to plead for him. So this design miscarried; which, as it absolutely disheartened the papists, so it did totally alienate the King from them, and in particular from the Bishop of Winchester, whose sight he could never after this endure. But he made a humble submission to the King ; which, though it preserved him from further punishment, yet could not restore him to the King's The caues favour. But the Duke of Norfolk, and his son the Dul^of Earl of Surrey, fell under a deeper misfortune. The dis rf ^ ks -D u k e f Norfolk had been long lord treasurer of England : he had done great services to the crown on many signal occasions, and success had always ac- companied him. His son, the Earl of Surrey, was also a brave and noble person: witty and learned to a high degree, but did not command armies with such success. He was much provoked at the Earl of Hart- ford's being sent over to France in his room ; and upon that had said, " That within a little while they should smart for it;" with some other expressions that sa- voured of revenge, and a dislike of the King, and a hatred of the counsellors. The Duke of Norfolk had endeavoured to ally himself to the Earl of Hartford, PART I. BOOK III. 555 and to his brother Sir Thomas Seymour, perceiving how much they were in the King's favour, and how great an interest they were like to have under the suc- ceeding prince. And therefore would have engaged his son, being then a widower, to marry that Earl's daughter: and pressed his daughter the Duchess of Richmond, widow to the King's natural son, to marry Sir Thomas Seymour. But though the Earl of Surrey advised his sister to the marriage projected for her, yet he would not consent to that designed for himself, nor did the proposition about his sister take effect. The Seymours could not but see the enmity the Earl of Surrey bore them, and they might well be jealous of the greatness of that family; which was not only too big for a subject of itself, but was raised so high by the dependance of the whole popish party, both at home and abroad, that they were like to be very dan- gerous competitors for the chief government of affairs, if the King were once out of the way, whose disease was now growing so fast upon him, that he could not live many weeks. Nor is it unlikely that they per- suaded the King, that, if the Earl of Surrey should marry the Lady Mary, it might embroil his son's go- vernment, and perhaps ruin him. And it was sug- gested, that he had some such high project in his thoughts, both by his continuing unmarried, and by his using the arms of Edward the Confessor, which of late he had given in his coat without a diminution. But to complete the Duke of Norfolk's ruin, his Duchess, who had complained of his using her ill, and had been separated from him about four years, turned informer against him. His son and daughter were also in ill terms together. So the sister informed all that she could against her brother. And one Mrs. Holland, for whom the Duke was believed to have an unlawful affection, discovered all she knew: but all amounted to no more than some passionate ex- pressions of the son and some complaints of the father, who thought he was- not beloved by the King and his counsellors, and that he was ill used in not being trusted with the secret of affairs. And all persons 556 BURNET'S REFORMATION. being encouraged to bring informations against them, Sir Richard Southwell charged the Earl of Surrey in some points that were of a higher nature; which the Earl denied, and desired to be admitted, according to the martial law, to fight in his shirt with Southwell. But that not being granted, he and his father were committed to the Tower. That which was most in- sisted on was, their giving the arms of Edward the Con- fessor, which were only to be given by the kings of Eng- land. This the Earl of Surrey justified, and said, they gave their arms according to the opinion of the King's heralds. But all excuses availed nothing, for his father and he were designed to be destroyed upon reasons of state ; for which some colours were to be found out. 1547. The Earl of Surrey, being but a commoner, was of^ey brought to his trial at Guildhall, and put upon an in- ecuteg <** saying that the King was not supreme head under pr^y" Christ of the church of England. These were John Houghton, prior of the Charter-house, near London ; Augustin Webster, prior of Axholme ; Robert Lau- rence, prior of Bevoll ; and Richard Reynolds, a monk of Sion : this last was esteemed a learned man for that time and that order. They were tried in Westminster- hall, by a commission of Oyer and Terminer : they pleaded not guilty, but the jury found them guilty, and judgment was given that they should suffer as traitors. The record mentions no other particulars ; but the writers of the popish side make a splendid recital of the courage and constancy they expressed both in their trial and at their death. It was no dif- ficult thing for men so used to the legend, and the making of fine stories for the saints and martyrs of their orders, to dress up such narratives with much pomp. But as their pleading not guilty to the in- dictment shews no extraordinary resolution, so the ac- count that is given by them of one Hall, a secular priest, that died with them, is so false, that there is good reason to suspect all. He is said to have suf- fered on the same account; but the record of his at- And iuii. tainder gives a very different relation of it. * pri ' st> O - v a lor con- He and Robert Feron were indicted, at the same 'p mn R time, for having said many spiteful and treasonable ST ' 5GG BURNET'S REFORMATION. things; a*, " that the King was a tyrant, a heretic, a robber, and an adulterer; that they hoped he should die such a death as King John and Richard III. died ; that they looked when those in Ireland and Wales should invade England; and they were assured that three parts of four in England would be against the King : they also said, that they should never live mer- rily till the King and the rulers were plucked by the pates and brought to the pot; and that it would never be well with the church till that was done." Hall had not only said this, but had also written it to Feron, the 10th of March that year. When they were brought to the bar, they at first pleaded not guilty ; but full proof being brought, they themselves con- fessed the indictment, before the jury went aside, and put themselves on the King's mercy: upon which, this being an imagining and contriving both war against the King and the King's death, judgment was given as in cases of treason : but no mention being made of Feron's death, it seems he had his pardon. Hall suffered with the four Carthusians, who were hanged in their habits. Three They proceeded no further in Easter Term ; but in monL Trinity Term there was another commission of Oyer executed. an( j Termincr, by which Humphrey Middlemore,Wil- liam Exmew, and Sebastian Nudigate, three monks of the Charter-house, near London, were indicted of treason, for having said, on the 25th of May, " that they neither could nor would consent to be obedient to the King's Highness, as true, lawful, and obedient subjects ; to take him to be supreme head on earth of the church of England." They all pleaded not guilty, but were found guilty by the jury ; and judgment was given. When they were condemned, they de- sired that they might receive the body of Christ before their death ; but (as Judge Spelman wrote) the court would not grant it, since that was never done in such cases, but by order from the King. Two days after that, they were executed. Two other monks of that same order, John Rochester and James Wolver, suf- fered on the same account at York, in May this year. PART I. BOOK III. 507 Ten other Carthusian monks were shut up within their cells, where nine of them died ; the tenth was hanged in the beginning of August. Concerning those persons, I find this said in some original letters, that they had brought over into England, and vented in it, some books that were written beyond sea, against the King's marriage, and his other proceedings, which, being found in their house, they were pressed to peruse the books that were written for the King, but obstinately refused to do it ; they had also been in- volved in the business of the Maid of Kent ; for which, though all the accomplices in it, except those who suffered for it, were pardoned by act of parlia- ment, yet such as had been concerned in it were still under joalousy : and it is no wonder that, upon new provocations, they met with the uttermost rigour of the law. These trials made way for two others that were Fiber's more signal : of the Bishop of Rochester and Sir death*" Thomas More. The first of these had been a prisoner above a year, and was very severely used : he com- plained in his letters to Cromwell, that he had neither clothes nor fire, being then about fourscore. This was understood at Rome ; and upon it, Pope Clement, by an officious kindness to him, or rather in spite to King Henry, declared him a cardinal, and sent him a red hat. When the King knew this, he sent to exa- mine him about it ; but he protested he had used no endeavours to procure it, and valued it so little, that, if the hat were lying at his feet, he would not take it up. It never came nearer him than Picardy : yet this did precipitate his ruin. But if he had kept his opi- nion of the King's supremacy to himself, they could not have proceeded further. He would not do that, but did, upon several occasions, speak against it ; so he was brought to his trial on the 17th of June. The Lord Chancellor, the Duke of Suffolk, and some other lords, together with the judges, sat upon him by a commission of Oyer and Terminer. He pleaded not guilty ; but being found guilty, judgment was passed on him to die as a traitor ; but he was, by a warrant racier. 568 BURNET'S REFORMATION. from the King, beheaded. Upon the 22d of June, being the day of his execution, he dressed himself with more than ordinary care ; and when his man took notice of it, he told him he was to be that day a bridegroom. As he was led to the place of execution, being stopped in the way by the crowd, he opened his New Testament, and prayed to this purpose : that as that book had been his companion and chief comfort in his imprisonment, so then some place might turn up to him that might comfort him in his last passage. This being said, he opened the book at a venture, in which these words of St. John's Gospel turned up : " This is life eternal to know thee the only true God, and Jesus Christ whom thou hast sent." So he shut the book with much satisfaction, and all the way was repeating and meditating on them. When he came to the scaffold, he pronounced the Te Deum ; and, after some other devotions, his head was cut off', cha- Thus died John Fisher, bishop of Rochester, in the eightieth year of his age. He was a learned and devout man, but much addicted to the superstitions in which he had been bred up : and that led him to great severities against all that opposed them. He had been for many years confessor to the King's grandmother, the Countess of Richmond ; and it was believed that he persuaded her to those noble designs for the advancement of learning, of founding two col- leges in Cambridge, St. John's and Christ's College, and divinity professors in both universities : and, in acknowledgment of this, he was chosen Chancellor of the University of Cambridge. Henry VII. gave him the bishoprick of Rochester ; which he, follow- ing the rule of the primitive church, would never change for a better; he used to say his church was his wife, and he would never part with her because she was poor. He continued in great favour with the Kinor till the business of the divorce was set on foot : O ' and then he adhered so firmly to the Queen's cause, and the Pope's supremacy, that he was carried by that headlong into great errors, as appears by the business of the Maid of Kent. Many thought the PART I. BOOK III. 569 King ought to have proceeded against him rather upon that, which was a point of state, than upon the supremacy, which was matter of conscience. But the King was resolved to let all his subjects see there was no mercy to be expected by any that denied his being supreme head of the church ; and therefore made him and More two examples for terrifying the rest. This being much censured beyond sea, Gardiner, that was never wanting in the most servile compliances, wrote a vindication of the King's proceedings. The Lord Herbert had it in his hands, and tells us it was written in elegant Latin ; but that he thought it too long, and others judged it was too vehement, to be inserted in his History. On the 1st of July, Sir Thomas More was brought More-* to his trial. The special matter in his indictment is, &*&"* that, on the 7th of May preceding, before Cromwell, Bedyl, and some others, that were pressing him con- cerning the King's supremacy, he said he would not meddle with any such matter, and was fully resolved to serve God, and think upon his passion, and his own passage out of this world. He had also sent divers messages by one George Gold to Fisher, to encourage him in his obstinacy ; and said, " the act of parliament is like a sword with two edges ; for if a man answer one way, it will confound his soul, and if he answer another way, it will confound his body." He had said the same thing on the 3d of June, in the hearing of the Lord Chancellor, the Duke of Norfolk, and others ; and that he would not be the occasion of the shortening his own life. And when Rich, the King's solicitor, came to deal with him further about it, but protested that he came not with any authority to examine him, they discoursed the matter fully; Rich pressed him, " that, since the parliament had enacted that the King was supreme head, the subjects ought to agree to it ; and, said Rich, what if the par- liament should declare me King, would you not ac- knowledge me? I would, said More, quid (as it is in the indictment) rex per parliamentum fieri potest, et per parliamentum deprivari : but More turned the 570 BURNET'S REFORMATION. argument on Rich, and said, what if the parliament made an act that God was not God ? Rich acknow- ledged it could not bind ; but replied to More, that since he would acknowledge him King, if he were made so by act of parliament, why would he not ac- knowledge the King supreme head, since it was en- acted by parliament? To that More answered, that the parliament had power to make a king, and the people were bound to acknowledge him whom they made ; but for the supremacy, though the parliament had enacted it, yet those in foreign parts had never assented to it." This was carried by Rich to the King; and all these particulars were laid together, and judged to amount to a denial of the supremacy. Judge Spel- man wrote, that More, being on his trial, pleaded strongly against the statute that made it treason to deny the supremacy, and argued that the King could not be supreme head of the church. When he was brought to the bar, he pleaded not guilty ; but being found guilty, judgment was given against him as a traitor. He received it with that equal temper of mind which he had shewed in both conditions of life, and then set himself wholly to prepare for death ; he expressed great contempt of the world, and that he was weary of life, and longed for death ; which was so little terrible to him, that his ordinary facetiousness remained with him even oji the scaffold. It was cen- sured by many as light and indecent ; but others said, that way having been so natural to him on all other occasions, it was not at all affected ; but shewed that death did no way discompose him, and could not so much as put him out of his ordinary humour : yet his rallying every thing on the scaffold was thought to have more of the stoic than the Christian in it. After some time spent in secret devotions, he was beheaded on the 6th of July. Thus did Sir Thomas More end his days, in the fifty-third year of his age.* He was a man of rare virtues and excellent parts. In his youth he had freer * The year of Sir Thomas More's birth is uncertain. According to Eras- mus, it was in the year 1479; some say 1480, and others 1484. PART I. BOOK III. 571 thoughts of things, as appears by his Utopia and his Letters to Erasmus; but afterwards he became super- stitiously devoted to the interests and passions of the popish clergy: and as he served them when he was in authority, even to assist them in all their cruelties, so he employed his pen in the same cause, both in writing against all the new opinions in general, and, in particular, against Tindal, Frith, and Barnes ; as also an unknown writer, who seemed of neither party, but reproved the corruptions of the clergy, and con- demned their cruel proceedings. More was no divine at all ; and it is plain to any that reads his writings, that he knew nothing of antiquity, beyond the quo- tations he found in the canon law, and in the master of the sentences (only he had read some of St. Austin's treatises) ; for, upon all points of controversy, he quotes only what he found in these collections : nor was he at all conversant in the critical learning upon the Scriptures; but his peculiar excellency in writing was, that he had a natural easy expression, and pre- sented all the opinions of popery with their fair side to the reader, disguising or concealing the black side of them with great art; and was no less dexterous in exposing all the ill consequences that could follow on the doctrine of the reformers: and had, upon all oc- casions, great store of pleasant tales, which he applied wittily to his purpose. And in this consists the great strength of his writings, which were designed rather for the rabble than for learned men. But for justice, contempt of money, humility, and a true generosity of mind, he was an example to the age in which he lived.* * The credit Burnet is disposed to give to Sir Thomas More, for " a true generosity of mind," is fairly enough questioned by Collier, and indeed what Burnet himself admits in this very page, namely, that when in authority, he assisted the Popish Clergy in all their cruelties, ought to have made him more guarded in his expressions. A letter he wrote to Erasmus on the death of (Ecolampadius, would, one should think, be sufficient to destroy his claim to any true generosity of mind. Through an infatuation, that could not have got the better of a truly generous mind, he i;/< i< ,/ in the death of that learned and amiable man, because he happened to be an Anti-Romanist ; and this, in a letter to Erasmus, who was under great obligations to (Ecolampadius. After all, the bearings of religious infatuation are not to be accounted for ; the Hin- doos, who encmirage the Sutteet, or burning of wives in India, are siill said to be " constitutionally kind-hearted." Bishop Heber's Journal : and Collier him- self, vol. ii. 99. seems backward to attribute the severities of Sir Thumas to " any sivage or sanguinary humour." N. 572 BURNET'S REFORMATION. But there is one thing unjustly added to the praise of these two great men, or rather feigned, on design to lessen the King's honour; that Fisher and he penned the book which the King wrote against Luther. This Sanders first published ; and Bellarmin, and others, since have taken it up upon his authority. Strangers may be pardoned such errors ; but they are inexcus- able in an Englishman : for in More's printed works there is a letter written by him out of the Tower to Cromwell, in which he gives an account of his be- haviour concerning the King's divorce and supremacy : among other particulars, one is, "that when the King shewed him his book against Luther, in which he had asserted the Pope's primacy to be of Divine right, More desired him to leave it out : since, as there had been many contests between popes and other princes, so there might fall in some between the Pope and the King : therefore he thought it was not fit for the King to publish any thing which might be afterwards made use of against himself, and advised him either to leave out that point, or to touch it very tenderly." But the King would not follow his counsel, being perhaps so fond of what he had wrote, that he would rather run himself upon a great inconvenience, than leave out any thing that he fancied so well written. This shews that More knew that book was written by the King's own pen;* and either Sanders never read this, or- maliciously concealed it, lest it should discover his foul dealing. These executions so terrified all people, that there were no further provocations given : and all persons either took the oaths, or did so dexterously conceal their opinions, that, till the rebellions of Lincolnshire and the north broke out, none suffered after this upon a public account. iBut when these were quieted, then * But see the note above, p. 51, which seems to decide that Henry did not write the work, and that, upon the testimony of Sir Thomas More himself. It may however be observed, that at all events, the book was to pass for a book written by the King's own pen, and to be presented to the Pope as such. Nor should it be forgotten or overlooked, that the King in his answer to Luther, positively declared it to be his own ; nor would it be difficult to prove, from pa- pers still in existence, that with some help as to the Latin, he was theologian enough to have written such a work. N. PART I. BOOK III. 573 the King resolved to make the chief authors and lead- ers of those commotions public examples to the rest. The Duke of Norfolk proceeded against many of them by martial law ; there were also trials at common law of a great many more that were taken prisoners, and sent up to London. The Lords Darcy and Hussey were tried by their peers ; the Marquis of Exeter sitting steward. And a commission of Oyer and Terminer being issued out for the trial of the rest, Sir Robert was quieted - Constable, Sir John Bulmer and his Lady, Sir Francis Pigot, Sir Stephen Hamilton, and Sir Thomas Piercy, and Ask, that had been their captain ; with the Abbots of Walley, Jerveux, Bridlington, Lenton,Woburn, and Kingstead, and Mackrall the monk, that first raised the Lincolnshire rebellion, with sixteen more, were indicted of high treason for the late rebellions. And after all the steps of the rebellion were reckoned up, it is added, in the indictment, that they had met to- gether on the 17th of January, and consulted how to 15.17. renew it, and prosecute it further, being encouraged by the new risings that were then in the north ; by which they had forfeited all the favour to which they could have pretended, by virtue of the indemnity that was granted in the end of December, and of the par- dons which they had taken out. They were all found guilty, and had judgment as in cases of treason ; divers of them were carried down into Lincolnshire and Yorkshire, and executed in the places where their treasons were committed ; but most of them suffered at London, and, among others, the Lady Bulmer (whom HIII. others call Sir John Bulmer's harlot) was burnt for it in Smithfield. The only censure that passed on this was, that ad- cen snre . vantages were taken on too slight grounds to break Sj^tt. the King's indemnity and pardon ; since it does not appear that, after their pardon, they did any thing more than meet and consult. But the kingdom was so shaken with that rebellion, that if it had not been for the great conduct of the Duke of Norfolk, the King had by all appearance lost his crown: and it will not seem strange that a King (especially so tempered as 574 BURNET'S REFORMATION. this was), had a mind to strike terror into the rest ot his subjects by some signal examples, and to put out of the way the chief leaders of that design : nor was it to be wondered at, that the abbots and other cler- gymen, who had been so active in that commotion, were severely handled. It was by their means that the discontents were chiefly fomented ; they had taken all the oaths that were enjoined them, and yet conti- nued to be still practising against the state ; which, as it was highly contrary to the peaceable doctrines of the Christian religion, so it was, in a special man- ner, contrary to the rules which they professed ; that obliged them to forsake the world, and to follow a religious and spiritual course of life. 38. The next example of justice was, a year after this, v'oca- of one Forrest, an Observant friar ; he had been, as y 1 Sanders says, confessor to Queen Katherine, but it seems departed from her interests; for he insinuated himself so into the King, that he recovered his good opinion. Being an ignorant and lewd man, he was accounted by the better sort of that house, to which he belonged in Greenwich, a reproach to their order (concerning this, I have seen a large account in an original letter, written by a brother of the same house). Having regained the King's good opinion, he put all those who had favoured the divorce under great fears, for he proceeded cruelly against them : and one Rains- croft, being suspected to have given secret intelli- gence of what was done among them, was shut up, and so hardly used, that he died in their hands, which was (as that letter relates) done by Friar Forrest's means. This Friar was found to have denied the King's supremacy : for though he himself had sworn it, yet he had infused it into many in confession, that the King was not the supreme head of the church. Being questioned for these practices, which were so contrary to the oath he had taken, he answered, " that he took that oath with his outward man, but his in- ward man had never consented to it." Being brought Haii. to his trial, and accused of several heretical opinions that he held, he submitted himself to the church. PART I. BOOK III. 575 Upon this lie had more freedom allowed him in the prison ; but some coming to him diverted him from the submission he had offered; so that when the pa- per of abjuration was brought him, he refused to set his hand to it: upon which he was judged an obsti- nate heretic. The records of these proceedings are lost, but the books of that time say that he denied the gospel ; it is like it was upon that pretence, that, with- out the determination of the church, it had no autho- rity ; upon which, several writers of the Roman com- munion have said indecent and scandalous things of the Holy Scriptures. He was brought to Smithfield, where were present the lords of the council, to offer him his pardon if he would abjure. Latimer made a sermon against his errors, and studied to persuade him to recant ; but he continued in his former opi- nions, so he was put to death in a most severe manner. He was hanged in a chain about his middle, and the great image that was brought out of Wales was broken to pieces, and served for fuel to burn him. He shewed great unquietness of mind, and ended his life in an ungodly manner, as Hall says; who adds this charac- ter of him, "that he had little knowledge of God and his sincere truth, and less trust in him at his ending." In winter that year a correspondence was disco- Thepr*. vered with Cardinal Pole, who was barefaced in his WHIM* treasonable designs against the King. His brother, p"" 1 Sir Geofrey Pole, discovered the whole plot: for which frien I. Printed !)y A. SVYEKTING, lf>, Bart left's IJuihliiiijs. UNIVERSITY OF CALIFORNIA LIBRARY, LOS ANGELES COLLEGE LIBRARY This book is due on the last date stamped below. Book Slip-35wi-9,'62(D2218s4)4280 UCLA-College Library BR 375 B93 1837 v.1 College Library BR 375 B93 1837 v.l UC SOUTHERN REGONAL LIBRARY FACjLITy A 000992785 6