The Reign of Henry the Eighth Part 20

The Princess herself says publicly that the Dauphin is her husband, and that she has no hope but in him. I have been told this by persons who have heard it from her own lips.

"The emperor's amba.s.sador inquired, after you came, whether we had seen her. He said he knew she was most anxious to speak with us; she thought we had permission to visit her, and she looked for good news. He told us, among other things, that she had been more strictly guarded of late, by the orders of the queen that now is, who, knowing her feeling for the Dauphin, feared there might be some practice with her, or some attempt to carry her off.

"The Princess's ladies say that she calls herself the Dauphin's wife. A time will come, she says, when G.o.d will see that she has suffered pain and tribulation sufficient; the Dauphin will then demand her of the king her father, and the king her father will not be able to refuse.

"The lady who was my informant heard, also, from the Princess, that her governess, and the other attendants whom the queen had set to watch her, had a.s.sured her that the Dauphin was married to the daughter of the emperor; but she, the Princess, had answered it was not true--the Dauphin could not have two wives, and they well knew that she was his wife: they told her that story, she said, to make her despair, and agree to give up her rights; but she would never part with her hopes.

"You may have heard of the storm that broke out between her and her governess when we went to visit her little sister. She was carried off by force to her room, that she might not speak with us; and they could neither pacify her nor keep her still, till the gentleman who escorted us told her he had the king's commands that she was not to show herself while we were in the house. You remember the message the same gentleman brought to you from her, and the charge which was given by the queen.

"Could the king be brought to consent to the marriage, it could be a fair union of two realms, and to annex Britain to the crown of France would be a great honour to our Sovereign; the English party desire nothing better; the pope will be glad of it; the pope fears that, if war break out again, France will draw closer to England on the terms which the King of England desires; and he may thus lose the French tribute as he has lost the English. He therefore will urge the emperor to agree, and the emperor will a.s.sist gladly for the love which he bears to his cousin.

"If the emperor be willing, the King of England can then be informed; and he can be made to feel that, if he will avoid war, he must not refuse his consent. The king, in fact, has no wish to disown the Princess, and he knows well that the marriage with the Dauphin was once agreed on.

"Should he be unwilling, and should his wife's persuasions stil have influence with him, he will hesitate before he will defy, for her sake, the King of France and the emperor united. His regard for the queen is less than it was, and diminishes every day. He has a new fancy,[653] as you are aware."

The actual conspiracy, in the form which it had so far a.s.sumed, was rather an appeal to fanaticism than a plot which could have laid hold of the deeper mind of the country; but as an indication of the unrest which was stealing over the minds of men, it a.s.sumed an importance which it would not have received from its intrinsic character.

The guilt of the princ.i.p.al offenders admitted of no doubt. As soon as the commissioners were satisfied that there was nothing further to be discovered, the Nun, with the monks, was brought to trial before the Star Chamber; and conviction followed as a matter of course.[654]

The unhappy girl finding herself at this conclusion, after seven years of vanity, in which she had played with popes, and queens, and princesses, and archbishops, now, when the dream was thus rudely broken, in the revulsion of feeling could see nothing in herself but a convicted impostor. We need not refuse to pity her. The misfortunes of her sickness had exposed her to temptations far beyond the strength of an ordinary woman: and the guilt which she pa.s.sionately claimed for herself rested far more truly with the knavery of the Christ Church monks and the incredible folly of Archbishop Warham.[655] But the times were too stern to admit of nice distinctions. No immediate sentence was p.r.o.nounced, but it was thought desirable for the satisfaction of the people that a confession should be made in public by the Nun and her companions. The Sunday following their trial they were placed on a raised platform at Paul's Cross by the side of the pulpit, and when the sermon was over they one by one delivered their "bills" to the preacher, which by him were read to the crowd.[656]

After an acknowledgment of their imposture the prisoners were remanded to the Tower, and their ultimate fate reserved for the consideration of parliament, which was to meet in the middle of January.

The chief offenders being thus disposed of, the council resolved next that peremptory measures should be taken with respect to the Princess Mary.[657]

Her establishment was broken up, and she was sent to reside as the Lady Mary in the household of the Princess Elizabeth--a hard but not unwholesome discipline.[658] As soon as this was done, being satisfied that the leading shoot of the conspiracy was broken, and that no immediate danger was now to be feared, they proceeded leisurely to follow the clue of the Nun's confession, and to extend their inquiries. The Countess of Salisbury was mentioned as one of the persons with whom the woman had been in correspondence. This lady was the daughter of the Duke of Clarence, brother of Edward IV. Her mother was a Neville, a child of Richard the Kingmaker, the famous Earl of Warwick, and her only brother had been murdered to secure the shaking throne of Henry VII. Margaret Plantagenet, in recompense for the lost honours of the house, was made Countess of Salisbury in her own right. The t.i.tle descended from her grandfather, who was Earl of Salisbury and Warwick; but the prouder t.i.tle had been dropped as suggestive of dangerous a.s.sociations. The Earldom of Warwick remained in abeyance, and the castle and the estates attached to it were forfeited to the Crown. The countess was married after her brother's death to a Sir Richard Pole, a supporter and relation[659] of the king; and when left a widow she received from Henry VIII. the respectful honour which was due to the most n.o.bly born of his subjects, the only remaining Plantagenet of unblemished descent. In his kindness to her children the king had attempted to obliterate the recollection of her brother's wrongs, and she had been herself selected to preside over the household of the Princess Mary. During the first twenty years of Henry's reign the countess seems to have acknowledged his attentions with loyal regard, and if she had not forgotten her birth and her childhood, she never connected herself with the attempts which during that time were made to revive the feuds of the houses. Richard de la Pole, nephew of Edward IV.,[660] and called while he lived "the White Rose," had more than once endeavoured to excite an insurrection in the eastern counties; but Lady Salisbury was never suspected of holding intercourse with him; she remained aloof from political disputes, and in lofty retirement she was contented to forget her greatness for the sake of the Princess Mary, to whom she and her family were deeply attached. Her relations with the king had thus continued undisturbed until his second marriage. As the representative of the House of York she was the object of the hopes and affections of the remnants of their party, but she had betrayed no disposition to abuse her influence, or to disturb the quiet of the nation for personal ambition of her own.

If it be lawful to interpret symptoms in themselves trifling by the light of later events, it would seem as if her att.i.tude now underwent a material change. Her son Reginald had already quarrelled with the king upon the divorce. He was in suspicious connection with the pope, and having been required to return home upon his allegiance, had refused obedience. His mother, and his mother's attached friend, the Marchioness of Exeter, we now find among those to whom the Nun of Kent communicated her prophecies and her plans. It does not seem that the countess thought at any time of reviving her own pretensions; it does seem that she was ready to build a throne for the Princess Mary out of the ruined supporters of her father's family. The power which she could wield might at any moment become formidable. She had two sons in England, Lord Montague and Sir Geoffrey Pole. Her cousin, the Marquis of Exeter, a grandson himself of Edward IV.,[661] was, with the exception of the Duke of Norfolk, the most powerful n.o.bleman in the realm; and he, to judge by events, was beginning to look coldly on the king.[662] We find her surrounded also by the representatives of her mother's family--Lord Abergavenny, who had been under suspicion when the Duke of Buckingham was executed, Sir Edward Neville, afterwards executed, Lord Latimer, Sir George and Sir William Neville, all of them were her near connections, all collateral heirs of the King-maker, inheriting the pride of their birth, and resentfully conscious of their fallen fortunes. The support of a party so composed would have added formidable strength to the preaching friars of the Nun of Kent; and as I cannot doubt that the Nun was endeavouring to press her intrigues in a quarter where disaffection if created would be most dangerous, so the lady who ruled this party with a patriarchal authority had listened to her suggestions; and the repeated interviews with her which were sought by the Marchioness of Exeter were rendered more than suspicious by the secresy with which these interviews were conducted.[663]

These circ.u.mstances explain the arrest, to which I alluded above, of Sir William and Sir George Neville, brothers of Lord Latimer. They were not among "the many n.o.blemen" to whom the commissioners referred; for their confessions remain, and contain no allusion to the Nun; but they were examined at this particular time on general suspicion; and the arrest, under such circ.u.mstances, of two near relatives of Lady Salisbury, indicates clearly an alarm in the council, lest she might be contemplating some serious movements. At any rate, either on her account or on their own, the Nevilles fell under suspicion, and while they had no crimes to reveal, their depositions, especially that of Sir William Neville, furnish singular evidence of the temper of the times.

The confession of the latter begins with an account of the loss of certain silver spoons, for the recovery of which Sir William sent to a wizard who resided in Cirencester. The wizard took the opportunity of telling Sir William's fortune: his wife was to die, and he himself was to marry an heiress, and be made a baron; with other prospective splendours. The wizard concluded, however, with recommending him to pay a visit to another dealer in the dark art more learned than himself, whose name was Jones, at Oxford.

"So after that," said Sir William [Midsummer, 1532], "I went to Oxford, intending that my brother George and I should kill a buck with Sir Simon Harcourt, which he had promised me; and there at Oxford, in the said Jones's chamber, I did see certain stillatories, alembics, and other instruments of gla.s.s, and also a sceptre and other things, which he said did appertain to the conjuration of the four kings; and also an image of white metal; and in a box, a serpent's skin, as he said, and divers books and things, whereof one was a book which he said was my Lord Cardinal's, having pictures in it like angels. He told me he could make rings of gold, to obtain favour of great men; and said that my Lord Cardinal had such; and promised my said brother and me, either of us, one of them; and also he showed me a round thing like a ball of crystal.

"He said that if the King's Grace went over to France [the Calais visit of October, 1532], his Grace should marry my Lady Marchioness of Pembroke before that his Highness returned again; and that it would be dangerous to his Grace, and to the most part of the n.o.blemen that should go with him; saying also that he had written to one of the king's council to advise his Highness not to go over, for if he did, it should not be for his Grace's profit."

The wizard next pretended that he had seen a vision of a certain room in a tower, in which a spirit had appeared with a coat of arms in his hand, and had "delivered the same to Sir William Neville." The arms being described as those of the Warwick family, Sir William, his brother, and Jones rode down from Oxford to Warwick, where they went over the castle. The wizard professed to recognise in a turret chamber the room in which he had seen the spirit, and he prophesied that Sir William should recover the earldom, the long-coveted prize of all the Neville family.

On their return to Oxford, Jones, continues Sir William, said further, "That there should be a field in the north about a se'n-night before Christmas, in which my Lord my brother [Lord Latimer] should be slain; the realm should be long without a king; and much robbery would be within the realm, specially of abbeys and religious houses, and of rich men, as merchants, graziers, and others; so that, if I would, he at that time would advise me to find the means to enter into the said castle for mine own safeguard, and divers persons would resort unto me. _None of Cadwallader's blood_, he told me, _should reign more than twenty-four years;_ and also that Prince Edward [son of Henry VI. and Margaret of Anjou, killed at Tewkesbury], had issue a son which was conveyed over sea; and there had issue a son which was yet alive, either in Saxony or Almayne; and that either he or the King of Scots should reign next after the King's Grace that now is. To all which I answered," Sir William concluded, "that there is nothing which the will of G.o.d is that a man shall obtain, but that he of his goodness will put in his mind the way whereby he shall come by it; and that surely I had no mind to follow any such fashion; and that, also, the late Duke of Buckingham and others had cast themselves away by too much trust in prophecies, and other jeoparding of themselves, and therefore I would in no wise follow any such way. He answered, if I would not, it would be long ere I obtained it. Then I said I believed that well, and if it never came, I trusted to G.o.d to live well enough."[664]

Sir George Neville confirmed generally his brother's story, protesting that they had never intended treason, and that "at no time had he been of counsel" when any treason was thought of.[665]

The wizard himself was next sent for. The prophecies about the king he denied wholly. He admitted that he had seen an angel in a dream giving Sir William Neville the shield of the earldom in Warwick Castle, and that he had accompanied the two brothers to Warwick, to examine the tower. Beyond that, he said that he knew nothing either of them or of their intentions.

He declared himself a good subject, and he would "jeopard his life" to make the philosopher's stone for the king in twelve months if the king pleased to command him. He desired "no longer s.p.a.ce than twelve months upon silver and twelve and a half upon gold;" to be kept in prison till he had done it; and it would be "better to the King's Grace than a thousand men."[666]

The result of these examinations does not appear, except it be that the Nevilles were dismissed without punishment; and the story itself may be thought too trifling to have deserved a grave notice. I see in it, however, an ill.u.s.tration very noticeworthy of the temper which was working in the country. The suspicion of treason in the Neville family may not have been confirmed, although we see them casting longing looks on the lost inheritance of Warwick; but their confessions betray the visions of impending change, anarchy, and confusion, which were haunting the popular imagination. A craving after prophecies, a restless eagerness to search into the future by abnormal means, had infected all ranks from the highest to the lowest; and such symptoms, when they appear, are a sure evidence of approaching disorder, for they are an evidence of a present madness which has brought down wisdom to a common level with folly. At such times, the idlest fancy is more potent with the mind than the soundest arguments of reason. The understanding abdicates its functions; and men are given over, as if by magic, to the enchantments of insanity.

Phenomena of this eccentric kind always accompany periods of intellectual change. Most men live and think by habit; and when habit fails them, they are like unskilful sailors who have lost the landmarks of their course, and have no compa.s.s and no celestial charts by which to steer. In the years which preceded the French Revolution, Cagliostro was the companion of princes--at the dissolution of paganism the practicers of curious arts, the watches and the necromancers, were the sole objects of reverence in the Roman world;--and so, before the Reformation, archbishops and cardinals saw an inspired prophetess in a Kentish servant girl; Oxford heads of colleges sought out heretics with the help of astrology; Anne Boleyn blessed a basin of rings, her royal fingers pouring such virtue into the metal that no disorder could resist it;[667] Wolsey had a magic crystal; and Cromwell, while in Wolsey's household, "did haunt to the company of a wizard."[668]

These things were the counterpart of a religion which taught that slips of paper, duly paid for, could secure indemnity for sin. It was well for England that the chief captain at least was proof against the epidemic--no random scandal seems ever to have whispered that such delusions had touched the mind of the king.[669]

While the government were prosecuting these inquiries at home, the law at the Vatican had run its course; November pa.s.sed, and as no submission had arrived, the sentence of the 12th of July came into force, and the king, the queen, and the Archbishop of Canterbury were declared to have incurred the threatened censures.

The privy council met on the 2nd of December, and it was determined in consequence that copies of the "Act of Appeals," and of the king's "provocation" to a general council, should be fixed without delay on every church door in England. Protests were at the same time to be drawn up and sent into Flanders, and to the other courts in Europe, "to the intent the falsehood and injustice of the Bishop of Rome might appear to all the world." The defences of the country were to be looked to; and "spies" to be sent into Scotland to see "what they intended there," "and whether they would confeder themselves with any outward princes." Finally, it was proposed that the attempt to form an alliance with the Lutheran powers should be renewed on a larger scale; that certain discreet and grave persons should be appointed to conclude "some league or amity with the princes of Germany"--"that is to say, the King of Poland, the King of Hungary,[670] the Duke of Saxony, the Duke of Bavaria, the Duke of Brandenburg, the Landgrave of Hesse, and other potentates."[671] Vaughan's mission had been merely tentative, and had failed. Yet the offer of a league, offensive and defensive, the immediate and avowed object of which was a general council at which the Protestants should be represented, might easily succeed where vague offers of amity had come to nothing. The formation of a Protestant alliance, however, would have been equivalent to a declaration of war against Catholic Europe; and it was a step which could not be taken, consistently with the Treaty of Calais,--without first communicating with Francis.

Henry, therefore, by the advice of the council, wrote a despatch to Sir John Wallop, the amba.s.sador at Paris, which was to be laid before the French court. He explained the circ.u.mstances in which he was placed, with the suggestion which the council had made to him. He gave a list of the princes with whom he had been desired by his ministers to connect himself--and the object was nothing less than a coalition of Northern Europe. He recapitulated the injuries which he had received from the pope, who at length was studying "to subvert the rest and peace of the realm;"

"yea, and so much as in him was, utterly to destroy the same." The n.o.bles and council, he said, for their own sake as well as for the sake of the kingdom, had entreated him to put an end, once for all, to the pope's usurpation; and to invite the Protestant princes, for the universal weal of Christendom, to unite in a common alliance. In his present situation he was inclined to act upon this advice. "As concerning his own realm, he had already taken such order with his n.o.bles and subjects, as he would shortly be able to give to the pope such a buffet as he never had heretofore;" but as a German alliance was a matter of great weight and importance, "although," he concluded, "we consider it to be right expedient to set forth the same with all diligence, yet we intend nothing to do therein without making our good brother first privy thereunto. And for this cause and consideration only, you may say that we have at this time addressed these letters unto you, commanding you to declare our said purpose unto our good brother, and to require of him on our behalf his good address and best advice. Of his answer we require you to advertise us with all diligence, for according thereunto we intend to attemper our proceedings. We have lately had advertis.e.m.e.nts how that our said good brother should, by the labour of divers affectionate Papists, be minded to set forth something with his clergy in advancement of the pope and his desires. This we cannot believe that he will do."[672]

The meaning of this letter lies upon the surface. If the European powers were determined to leave him no alternative, the king was prepared to ally himself with the Lutherans. But however he might profess to desire that alliance, it was evident that he would prefer, if possible, a less extreme resource. The pope had ceased to be an object of concern to him; but he could not contemplate, without extreme unwillingness, a separation from the orderly governments who professed the Catholic faith. The pope had injured him; Francis had deceived him; they had tempted his patience because they knew his disposition. The limit of endurance had been reached at length; yet, on the verge of the concluding rupture, he turned once more, as if to offer a last opportunity of peace.

The reply of Francis was an immediate mission of the Bishop of Bayonne (now Bishop of Paris), first into England, and from England to Rome, where he was to endeavour, to the best of his ability, to seam together the already gaping rent in the church with fair words--a hopeless task--the results of which, however, were unexpectedly considerable, as will be presently seen.

Meanwhile, on the side of Flanders, the atmosphere was dubious and menacing. The refugee friars, who were reported to be well supplied with money from England, were labouring to exasperate the people, Father Peto especially distinguishing himself upon this service.[673] The English amba.s.sador, Sir John Hacket, still remained at Brussels, and the two governments were formally at peace; but when Hacket required the queen-regent to forbid the publication of the brief of July in the Netherlands, he was met with a positive refusal. "M. Amba.s.sador," she said, "the Emperor, the King of Hungary, the Queen of France, the King of Portugal, and I, understand what are the rights of our aunt--our duty is to her--and such letters of the pope as come hither in her favour we shall obey. Your master has no right to complain either of the emperor or of myself, if we support our aunt in a just cause."[674] At the same time, formal complaints were made by Charles of the personal treatment of Queen Catherine, and the clouds appeared to be gathering for a storm. Yet here, too, there was an evident shrinking from extremities. A Welsh gentleman had been at Brussels to offer his services against Henry, and had met with apparent coldness. Sir John Hacket wrote, on the 15th of December, that he was a.s.sured by well-informed persons, that so long as Charles lived, he would never be the first to begin a war with England, "which would rebound to the destruction of the Low Countries."[675] A week later, when the queen-regent was suffering from an alarming illness, he said it was reported that, should she die, Catherine or Mary, if either of them was allowed to leave England, would be held "meet to have governance of the Low Countries."[676] This was a generous step, if the emperor seriously contemplated it. The failure of the Nun of Kent had perhaps taught him that there was no present prospect of a successful insurrection. In his conduct towards England, he was seemingly governing himself by the prospect which might open for a successful attack upon it. If occasion offered to strike the government in connection with an efficient Catholic party in the nation itself, he would not fail to avail himself of it.[677] Otherwise, he would perhaps content himself with an att.i.tude of inactive menace; unless menaced himself by a Protestant confederation.

Amidst these uneasy symptoms at home and abroad, parliament re-a.s.sembled on the 15th of January. It was a changed England since these men first came together on the fall of Wolsey. Session after session had been spent in clipping the roots of the old tree which had overshadowed them for centuries. On their present meeting they were to finish their work, and lay it prostrate for ever. Negotiations were still pending with the See of Rome, and this momentous session had closed before the final catastrophe.

The measures which were pa.s.sed in the course of it are not, therefore, to be looked upon as adopted hastily, in a spirit of retaliation, but as the consistent accomplishment of a course which had been deliberately adopted, to reverse the positions of the civil and spiritual authority within the realm, and to withdraw the realm itself from all dependence on a foreign power.

The Annates and Firstfruits' Bill had not yet received the royal a.s.sent; but the pope had refused to grant the bulls for bishops recently appointed, and he was no longer to receive payment for services which he refused to render. Peter's pence were still paid, and might continue to be paid, if the pope would recollect himself; but, like the Sibyl of c.u.ma, Henry destroyed some fresh privilege with each delay of justice, demanding the same price for the preservation of what remained. The secondary streams of tribute now only remained to the Roman See; and communion with the English church, which it was for Clement to accept or refuse.

The circ.u.mstances under which the session opened were, however, grave and saddening. Simultaneously with the concluding legislation on the church, the succession to the throne was to be determined in terms which might, perhaps, be accepted as a declaration of war by the emperor; and the affair of the Nun of Kent had rendered necessary an inquiry into the conduct of honoured members of the two Houses, who were lying under the shadow of high treason. The conditions were for the first time to be plainly seen under which the Reformation was to fight its way. The road which lay before it was beset not merely with external obstacles, which a strong will and a strong hand could crush, but with the phantoms of dying faiths, which haunted the hearts of all living men; the superst.i.tions, the prejudices, the hopes, the fears, the pa.s.sions, which swayed stormily and fitfully through the minds of every actor in the great drama.

The uniformity of action in the parliament of 1529, during the seven years which it continued, is due to the one man who saw his way distinctly, Thomas Cromwell. The nation was substantially united in the divorce question, could the divorce be secured without a rupture with the European powers. It was united also on the necessity of limiting the jurisdiction of the clergy, and cutting short the powers of the consistory courts. But in questions of "opinion" there was the most sensitive jealousy; and from the combined instincts of prejudice and conservatism, the majority of the country in a count of heads would undoubtedly have been against a separation from Rome.

The clergy professed to approve the acts of the government, but it was for the most part with the unwilling acquiescence of men who were without courage to refuse. The king was divided against himself. Nine days in ten he was the clear-headed, energetic, powerful statesman; on the tenth he was looking wistfully to the superst.i.tion which he had left, and the clear sunshine was darkened with theological clouds, which broke in lightning and persecution. Thus there was danger at any moment of a reaction, unless opportunity was taken at the flood, unless the work was executed too completely to admit of reconsideration, and the nation committed to a course from which it was impossible to recede. The action of the conservatives was paralysed for the time by the want of a fixed purpose.

The various parts of the movement were so skilfully linked together, that partial opposition to it was impossible; and so long as the people had to choose between the pope and the king, their loyalty would not allow them to hesitate. But very few men actively adhered to Cromwell. Cromwell had struck the line on which the forces of nature were truly moving--the resultant, not of the victory of either of the extreme parties, but of the joint action of their opposing forces. To him belonged the rare privilege of genius, to see what other men could not see; and therefore he was condemned to rule a generation which hated him, to do the will of G.o.d, and to perish in his success. He had no party. By the n.o.bles he was regarded with the same mixed contempt and fear which had been felt for Wolsey. The Protestants, perhaps, knew what he was, but he could only purchase their toleration by himself checking their extravagance. Latimer was the only person of real power on whose friendship he could calculate, and Latimer was too plain spoken on dangerous questions to be useful as a political supporter.

The session commenced on the 15th of January.

The first step was to receive the final submission of convocation. The undignified resistance was at last over, and the clergy had promised to abstain for the future from unlicensed legislation. To secure their adherence to their engagements, an act[678] was pa.s.sed to make the breach of that engagement penal; and a commission of thirty-two persons, half of whom were to be laymen, was designed for the revision of the Canon law.[679]

The next most important movement was to a.s.similate the trials for heresy with the trials for other criminal offences. I have already explained at length the manner in which the bishops abused their judicial powers. These powers were not absolutely taken away, but ecclesiastics were no longer permitted to arrest _ex officio_ and examine at their pleasure. Where a charge of heresy was to be brought against a man, presentments were to be made by lawful witnesses before justices of the peace; and then, and not otherwise, he might fall under the authority of the "ordinary." Secret examinations were declared illegal. The offender was to be tried in open court, and, previous to his trial, had a right to be admitted to bail, unless the bishop could show cause to the contrary to the satisfaction of two magistrates.[680]

This was but a slight instalment of lenity; but it was an indication of the turning tide. Limited as it was, the act operated as an effective check upon persecution till the pa.s.sing of the Six Articles Bill.

Turning next to the relations between England and Rome, the parliament reviewed the Annates Act,[681] which had been left unratified in the hope that the pope might have consented to a compromise, and that "by some gentle ways the said exaction might have been redressed and reformed." The expectation had been disappointed. The pope had not condescended to reply to the communication which had been made to him, and the act had in consequence received the royal a.s.sent. An alteration had thus become necessary in the manner of presentation to vacant bishoprics. The anomalies of the existing practice have been already described. By the Great Charter the chapters had acquired the right of free election. A _conge d'elire_ was granted by the king on the occurrence of a vacancy, with no attempt at a nomination. The chapters were supposed to make their choice freely, and the name of the bishop-elect was forwarded to the pope, who returned the Pallium and the Bulls, receiving the Annates in exchange. The pope's part in the matter was now terminated. No Annates would be sent any longer to Rome, and no Bulls would be returned from Rome. The appointments lay between the chapters and the crown; and it might have seemed, at first sight, as if it would have been sufficient to omit the reference to the papacy, and as if the remaining forms might continue as they were. The chapters, however, had virtually long ceased to elect freely; the crown had absorbed the entire functions of presentation, sometimes appointing foreigners,[682] sometimes allowing the great ecclesiastical ministers to nominate themselves;[683] while the rights of the chapters, though existing in theory, were not officially recognised either by the pope or by the crown. The king affected to accept the names of the prelates-elect, when returned to him from Rome, as nominations by the pope; and the pope, in communicating with the chapters, presented them with their bishops as from himself.[684] The papal share in the matter was a shadow, but it was acknowledged under the forms of courtesy; the share of the chapters was wholly and absolutely ignored. The crisis of a revolution was not the moment at which their legal privileges could be safely restored to them.

The problem of re-arrangement was a difficult one, and it was met in a manner peculiarly English. The practice of granting the _conge d'elire_ to the chapters on the occurrence of a vacancy, which had fallen into desuetude, was again adopted, and the church resumed the forms of liberty: but the licence to elect a bishop was to be accompanied with the name of the person whom the chapter was required to elect; and if within twelve days the person so named had not been chosen, the nomination of the crown was to become absolute, and the chapter would incur a Premunire.[685]

This act, which I conceive to have been more arbitrary in form than in intention, was followed by a closing attack upon the remaining "exactions"

of the Bishop of Rome. The Annates were gone. There were yet to go, "Pensions, Censes, Peter's Pence, Procurations, Fruits, Suits for Provision, Delegacies and Rescripts in causes of Contention and Appeals, Jurisdictions legatine--also Dispensations, Licenses, Faculties, Grants, Relaxations, Writs called Perinde valere, Rehabilitations, Abolitions,"

with other unnamed (the parliament being wearied of naming them) "infinite sorts of Rules, Briefs, and instruments of sundry natures, names, and kinds." All these were perennially open sluices, which had drained England of its wealth for centuries, returning only in showers of paper, and the Commons were determined that streams so unremunerative should flow no longer. They conceived that they had been all along imposed upon, and that the "Bishop of Rome was to be blamed for having allured and beguiled the English nation, persuading them that he had power to dispense with human laws, uses, and customs, contrary to right and conscience." If the king so pleased, therefore, they would not be so beguiled any more. These and all similar exactions should cease; and all powers claimed by the Bishop of Rome within the realm should cease, and should be transferred to the crown.

At the same time they would not press upon the pope too hardly; they would repeat the same conditions which they had offered with the Annates. He had received these revenues as the supreme judge in the highest court in Europe, and he might retain his revenues or receive compensation for them, if he dared to be just. It was for himself to resolve, and three months were allowed for a final decision.

In conclusion, the Commons thought it well to a.s.sert that they were separating, not from the church of Christ, but only from the papacy. A judge who allowed himself to be overawed against his conscience by a secular power, could not any longer be recognised; but no thing or things contained in the act should be afterwards "interpreted or expounded, that his Grace (the king), his n.o.bles and subjects, intended by the same to decline or vary from the congregation of Christ's church in anything concerning the articles of the Catholic faith of Christendom, or in any other things declared by the Holy Scripture and the Word of G.o.d necessary for salvation; but only to make an ordinance, by policies necessary and convenient, to repress vice, and for the good conservation of the realm in peace, unity, and tranquillity, from ravin and spoil--ensuing much the old antient customs of the realm in that behalf."[686]

The most arduous business was thus finished--the most painful remained. The Nun of Kent and her accomplices were to be proceeded against by act of parliament; and the bill of their attainder was presented for the first time in the House of Lords, on the 18th of February. The offence of the princ.i.p.al conspirators was plainly high treason; their own confessions removed uncertainty; the guilt was clear--the sentence was inevitable. But the fault of those who had been listeners only was less easy of measurement, and might vary from comparative innocence to a definite breach of allegiance.

The government were unwilling to press with severity on the n.o.ble lords and ladies whose names had been unexpectedly brought to light; and there were two men of high rank only, whose complicity it was thought necessary to notice. The Bishop of Rochester's connection with the Nun had been culpably encouraging; and the responsibility of Sir Thomas More was held also to be very great in having countenanced, however lightly, such perilous schemers.

In the bill, therefore, as it was first read, More and Fisher found themselves declared guilty of misprision of treason. But the object of this measure was rather to warn than to punish, nor was there any real intention of continuing their prosecution. Cromwell, under instructions from the king, had communicated privately with both of them. He had sent a message to Fisher through his brother, telling him that he had only to ask for forgiveness to receive it;[687] and he had begged More through his son-in-law, Mr. Roper, to furnish him with an explicit account of what had pa.s.sed at any time between himself and the Nun,[688] with an intimation that, if honestly made, it would be accepted in his favour.