The Reign of Henry the Eighth Part 21

These advances were met by More in the spirit in which they were offered.

He heartily thanked Cromwell, "reckoning himself right deeply beholden to him;"[689] and replied with a long, minute, and evidently veracious story, detailing an interview which he had held with the woman in the chapel of Sion Monastery. He sent at the same time a copy of a letter which he had written to her, and described various conversations with the friars who were concerned in the forgery. He did not deny that he had believed the Nun to have been inspired, or that he had heard of the language which she was in the habit of using respecting the king. He protested, however, that he had himself never entertained a treasonable thought. He told Cromwell that "he had done a very meritorious deed in bringing forth to light such detestable hypocrisy, whereby every other wretch might take warning, and be feared to set forth their devilish dissembled falsehoods under the manner and colour of the wonderful work of G.o.d."[690] More's offence had not been great. His acknowledgments were open and unreserved; and Cromwell laid his letter before the king, adding his own intercession that the matter might be pa.s.sed over. Henry consented, expressing only his grief and concern that Sir Thomas More should have acted so unwisely.[691] He required, nevertheless, as Cromwell suggested, that a formal letter should be written, with a confession of fault, and a request for forgiveness. More obeyed; he wrote, gracefully reminding the king of a promise when he resigned the chancellorship, that in any suit which he might afterwards have to his Grace, either touching his honour or his profit, he should find his Highness his good and gracious lord.[692] Henry acknowledged his claim; his name was struck out of the bill, and the prosecution against him was dropped.

Fisher's conduct was very different; his fault had been far greater than More's, and promises more explicit had been held out to him of forgiveness.

He replied to these promises by an elaborate and ridiculous defence--not writing to the king, as Cromwell desired him, but vindicating himself as having committed no fault; although he had listened eagerly to language which was only pardonable on the a.s.sumption that it was inspired, and had encouraged a nest of fanatics by his childish credulity. The Nun "had showed him not," he said, "that any prince or temporal lord should put the king in danger of his crown." He knew nothing of the intended insurrection.

He believed the woman to have been a saint; he supposed that she had herself told the king all which she had told to him; and therefore he said that he had nothing for which to reproach himself.[693] He was unable to see that the exposure of the imposture had imparted a fresh character to his conduct, which he was bound to regret. Knowingly or unknowingly, he had lent his countenance to a conspiracy; and so long as he refused to acknowledge his indiscretion, the government necessarily would interpret his actions in the manner least to his advantage.

If he desired that his conduct should be forgotten, it was indispensable that he should change his att.i.tude, and so Cromwell warned him. "Ye desire," the latter wrote, "for the pa.s.sion of Christ, that ye be no more quickened in this matter; for if ye be put to that strait ye will not lose your soul, but ye will speak as your conscience leadeth you; with many more words of great courage. My Lord, if ye had taken my counsel sent unto you by your brother, and followed the same, submitting yourself by your letter to the King's Grace for your offences in this behalf, I would have trusted that ye should never be quickened in the matter more. But now where ye take upon you to defy the whole matter as ye were in no default, I cannot so far promise you. Wherefore, my Lord, I would eftsoons advise you that, laying apart all such excuses as ye have alleged in your letters, which in my opinion be of small effect, ye beseech the King's Grace to be your gracious lord and to remit unto you your negligence, oversight, and offence committed against his Highness in this behalf; and I dare undertake that his Highness shall benignly accept you into his gracious favour, all matter of displeasure past afore this time forgotten and forgiven."[694]

Fisher must have been a hopelessly impracticable person. Instead of following More's example, and accepting well-meant advice, he persisted in the same tone, and drew up an address to the House of Lords, in which he repeated the defence which he had made to Cromwell. He expressed no sorrow that he had been engaged in a criminal intrigue, no pleasure that the intrigue had been discovered; and he doggedly adhered to his a.s.sertions of his own innocence.[695]

There was nothing to be done except to proceed with his attainder. The bill pa.s.sed three readings, and the various prisoners were summoned to the Star Chamber to be heard in arrest of judgment. The Bishop of Rochester's attendance was dispensed with on the ground of illness, and because he had made his defence in writing.[696] Nothing of consequence was urged by either of the accused. The bill was most explicit in its details, going carefully through the history of the imposture, and dwelling on the separate acts of each offender. They were able to disprove no one of its clauses, and on the 12th of March it was read a last time. On the 21st it received the royal a.s.sent, and there remained only to execute the sentence.

The Nun herself, Richard Masters, and the five friars being found guilty of high treason, were to die; the Bishop of Rochester, Father Abel, Queen Catherine's confessor, and four more, were sentenced for misprision of treason to forfeiture of goods and imprisonment. All other persons implicated whose names did not appear, were declared pardoned at the intercession of Queen Anne.[697]

The chief offenders suffered at Tyburn on the 21st of April, meeting death calmly, as it appears; receiving a fate most necessary and most deserved,[698] yet claiming from us that partial respect which is due to all persons who will risk their lives in an unselfish cause. For the Nun herself, we may feel even a less qualified regret. Before her death she was permitted to speak a few words to the people, which at the distance of three centuries will not be read without emotion.

"Hither am I come to die," she said, "and I have not been the only cause of mine own death, which most justly I have deserved; but also I am the cause of the death of all these persons which at this time here suffer. And yet I am not so much to be blamed, considering that it was well known unto these learned men that I was a poor wench without learning; and therefore they might have easily perceived that the things which were done by me could not proceed in no such sort; but their capacities and learning could right well judge that they were altogether feigned. But because the things which I feigned were profitable unto them, therefore they much praised me, and bare me in hand that it was the Holy Ghost and not I that did them. And I being puffed up with their praises, fell into a pride and foolish fantasye with myself, and thought I might feign what I would, which thing hath brought me to this case, and for the which I now cry G.o.d and the King's Highness most heartily mercy, and desire all you good people to pray to G.o.d to have mercy on me, and on all them that here suffer with me."[699]

And now the closing seal was to be affixed to the agitation of the great question of the preceding years. I have said that throughout these years the uncertainty of the succession had been the continual anxiety of the nation. The birth of a prince or princess could alone provide an absolute security; and to beget a prince appeared to be the single feat which Henry was unable to accomplish. The marriage so dearly bought had been followed as yet only by a girl; and if the king were to die, leaving two daughters circ.u.mstanced as Mary and Elizabeth were circ.u.mstanced, a dispute would open which the sword only could decide. To escape the certainty of civil war, therefore, it was necessary to lay down the line of inheritance by a peremptory order; to cut off resolutely all rival claims; and in legislating upon a matter so vital, and hitherto so uncertain and indeterminate, to enforce the decision with the most stringent and exacting penalties. From the Heptarchy downwards English history furnished no fixed rule of inheritance, but only a series of precedents of uncertainty; and while at no previous time had the circ.u.mstances of the succession been of a nature so legitimately embarra.s.sing, the relations of England with the pope and with foreign powers doubly enhanced the danger. But I will not use my own language on so important a subject. The preamble of the Act of Succession is the best interpreter of the provisions of that act.

"In their most humble wise show unto your Majesty your most humble and obedient subjects, the Lords Spiritual and Temporal and the Commons, in this present parliament a.s.sembled; that since it is the natural inclination of every man gladly and willingly to provide for the safety of both his t.i.tle and succession, although it touch only his private cause; we therefore, most rightful and dreadful Sovereign Lord, reckon ourselves much more bounden to beseech and intreat your Highness (although we doubt not of your princely heart and wisdom, mixed with a natural affection to the same) to foresee and provide for the most perfect surety of both you and of your most lawful successors and heirs, upon which dependeth all our joy and wealth; in whom also is united and knit the only mere true inheritance and t.i.tle of this realm without any contradiction. We, your said most humble and obedient servants, call to our remembrance the great divisions which in times past hath been in this realm by reason of several t.i.tles pretended to the imperial crown of the same; which some time and for the most part ensued by occasion of ambiguity, and [by] doubts then not so perfectly declared but that men might upon froward intents expound them to every man's sinister appet.i.te and affection after their senses; whereof hath ensued great destruction and effusion of man's blood, as well of a great number of the n.o.bles as of other the subjects and specialty inheritors in the same. The greatest occasion thereof hath been because no perfect and substantial provision by law hath been made within this realm itself when doubts and questions have been moved; by reason whereof the Bishops of Rome and See Apostolic have presumed in times past to invest who should please them to inherit in other men's kingdoms and dominions, which thing we your most humble subjects, both spiritual and temporal, do much abhor and detest. And sometimes other foreign princes and potentates of sundry degrees, minding rather dissension and discord to continue in the realm than charity, equity, or unity, have many times supported wrong t.i.tles, whereby they might the more easily and facilly aspire to the superiority of the same.

"The continuance and sufferance of these things, deeply considered and pondered, is too dangerous and perilous to be suffered any longer; and too much contrary to unity, peace, and tranquillity, being greatly reproachable and dishonourable to the whole realm. And in consideration thereof, your said subjects, calling further to their remembrance, that the good unity, peace, and wealth of the realm, specially and princ.i.p.ally, above all worldly things, consisteth in the surety and certainty of the procreation and posterity of your Highness, in whose most Royal person at this time is no manner of doubt, do therefore most humbly beseech your Highness that it may be enacted, with the consent of the Lords Spiritual and Temporal and the Commons in this present parliament a.s.sembled--

"1. That the marriage between your Highness and the Lady Catherine, widow of the late Prince Arthur, be declared to have been from the beginning, null, the issue of it illegitimate, and the separation p.r.o.nounced by the Archbishop of Canterbury good and valid.

"2. That the marriage between your Highness and your most dear and entirely beloved wife, Queen Anne, be established and held good, and taken for undoubtful, true, sincere, and perfect, ever hereafter."[701]

The act then a.s.sumed a general character, laying down a table of prohibited degrees, within which marriage might not under any pretence be in future contracted; and demanding that any marriage which might already exist within those degrees should be at once dissolved. After this provision, it again returned to the king, and fixed the order in which his children by Queen Anne were to succeed. The details of the regulations were minute and elaborate, and the rule to be observed was the same as that which exists at present. First, the sons were to succeed with their heirs. If sons failed, then the daughters, with their heirs; and, in conclusion, it was resolved that any person who should maliciously do anything by writing, printing, or other external act or deed to the peril of the king, or to the prejudice of his marriage with Queen Anne, or to the derogation of the issue of that marriage, should be held guilty of high treason; and whoever should speak against that marriage, should be held guilty of misprision of treason--severe enactments, such as could not be justified at ordinary times, and such as, if the times had been ordinary, would not have been thought necessary--but the exigencies of the country could not tolerate an uncertainty of t.i.tle in the heir to the crown; and the t.i.tle could only be secured by prohibiting absolutely the discussion of dangerous questions.

The mere enactment of a statute, whatever penalties were attached to the violation of it, was still, however, an insufficient safeguard. The recent investigation had revealed a spirit of disloyalty, where such a spirit had not been expected. The deeper the inquiry had penetrated, the more clearly appeared tokens, if not of conspiracy, yet of excitement, of doubt, of agitation, of alienated feeling, if not of alienated act. All the symptoms were abroad which provide disaffection with its opportunity; and in the natural confusion which attended the revolt from the papacy, the obligations of duty, both political and religious, had become indefinite and contradictory, pointing in all directions, like the magnetic needle in a thunderstorm.

It was thought well, therefore, to vest a power in the crown, of trying the tempers of suspected persons, and examining them upon oath, as to their willingness to maintain the decision of parliament. This measure was a natural corollary of the statute, and depended for its justification on the extent of the danger to which the state was exposed. If a difference of opinion on the legitimacy of the king's children, or of the pope's power in England, was not dangerous, it was unjust to interfere with the natural liberty of speech or thought. If it was dangerous, and if the state had cause for supposing that opinions of the kind might spread in secret so long as no opportunity was offered for detecting their progress, to require the oath was a measure of reasonable self-defence, not permissible only, but in a high degree necessary and right.

Under the impression, then, that the circ.u.mstances of the country demanded extraordinary precautions, a commission was appointed, consisting of the Archbishop of Canterbury, the Lord Chancellor, the Duke of Norfolk, and the Duke of Suffolk; and these four, or any three of them, were empowered to administer, at the pleasure of the king, "to all and singular liege subjects of the realm," the following oath:--

"Ye shall swear to bear your faith, truth, and obedience only to the King's Majesty, and to the heirs of his body, according to the limitation and rehearsal within the statute of succession; and not to any other within this realm, or foreign authority, prince, or potentate: and in case any oath be made or hath been made by you to any other person or persons, that then you do repute the same as vain and annihilate: and that to your cunning, wit, and utmost of your power, without guile, fraud, or other undue means, ye shall observe, keep, maintain, and defend this act above specified, and all the whole contents and effects thereof; and all other acts and statutes made since the beginning of this present parliament, in confirmation or for due execution of the same, or of anything therein contained. And thus ye shall do against all manner of persons, of what estate, dignity, degree, or condition soever they be; and in no wise do or attempt, or to your power suffer to be done or attempted, directly or indirectly, any thing or things, privily or apertly, to the let, hindrance, damage, or derogation thereof, by any manner of means, or for any pretence or cause, so help you G.o.d and all saints."[702]

With this last resolution the House rose, having sat seventy-five days, and despatched their business swiftly. A week later, the news arrived from Rome that there too all was at length over; that the cause was decided, and decided against the king. The history of the closing catastrophe is as obscure as it is strange, and the account of the manner in which it was brought about is unfortunately incomplete in many important particulars.

The outline only can be apprehended, and that very imperfectly.

On the receipt in Paris of the letter in which Henry threatened to organise a Protestant confederacy, Du Bellay, in genuine anxiety for the welfare of Christendom, had volunteered his services for a final effort. Not a moment was to be lost, for the courts of Rome were already busy with the great cause; but the king's evident reluctance to break with the Catholic powers, gave room for hope that something might still be done; and going in person to England, the bishop had induced Henry, at the last extremity, either to entrust him with representative powers, or else to allow him after all to make some kind of concession. I am unable to learn the extent to which Henry yielded, but that an offer was made of some kind is evident from the form of the story.[703] The winter was very cold, but the bishop made his way to Rome with the haste of good will, and arrived in time to stay judgment, which was on the point of being p.r.o.nounced. It seemed, for the moment, as if he would succeed. He was permitted to make engagements on the part of Henry; and that time might be allowed for communication with England, the pope agreed to delay sentence till the 23rd of March. This bishop's terms were approved by the king, and a courier was sent off with letters of confirmation; Sir Edward Karne and Dr. Revett following leisurely, with a more ample commission. The stone which had been laboriously rolled to the summit of the hill was trembling on the brink, and in a moment might rebound into the plain.

But this was not to be the end. Some accidental cause delayed the courier; the 23rd of March came, and he had not arrived. Du Bellay implored a further respite. The King of England, he said, had waited six years; it was not a great thing for the papal council to wait six days. The cardinals were divided; but the Spanish party were the strongest, and when the votes were taken carried the day. The die was cast, and the pope, in spite of himself, his promises, and his conscience, drove at length upon the rocks to which he had been so long drifting.[704] In deference to the opinion of the majority of the cardinals, he p.r.o.nounced the original marriage to have been valid, the dispensation by which it was permitted to have been legal; and, as a natural consequence, Henry, King of England, should he fail in obedience to this judgment, was declared to be excommunicate from the fellowship of the church, and to have forfeited the allegiance of his subjects.

Lest the censures should be discredited by a blank discharge, engagements were entered into, that within four months of the promulgation of the sentence, the emperor would invade England, and Henry should be deposed.[705] The imperialists illuminated Rome; cannon were fired; bonfires blazed; and great bodies of men paraded the streets with shouts of "the Empire and Spain."[706] Already, in their eager expectation, England was a second Netherlands, a captured province under the regency of Catherine or Mary.

Two days later, the courier arrived. The pope, at the entreaties of the Bishop of Paris, re-a.s.sembled the consistory, to consider whether the steps which had been taken should be undone. They sat debating all night, and the result was nothing. No dependence could be placed on the cardinals, Du Bellay said, for they spoke one way, and voted another.[707]

Thus all was over. In a scene of general helplessness the long drama closed, and, what we call accident, for want of some better word, cut the knot at last over which human incapacity had so vainly laboured. The Bishop of Paris retired from Rome in despair. On his way back, he met the English commissioners at Bologna, and told them that their errand was hopeless, and that they need not proceed. "When we asked him," wrote Sir Edward Karne to the king, "the cause of such hasty process, he made answer that the imperialists at Rome had strengthened themselves in such a manner, that they coacted the said Bishop of Rome to give sentence contrary to his own mind, and the expectation of himself and of the French king. He showed us also that the Lady Princess Dowager sent lately, in the month of March past, letters to the Bishop of Rome, and also to her proctors, whereby the Bishop of Rome was much moved for her part. The imperials, before the sentence was given, promised, in the emperor's behalf, that he would be the executor of the sentence."[708]

This is all which we are able to say of the immediate catastrophe which decided the fate of England, and through England, of the world. The deep impenetrable falsehood of the Roman ecclesiastics prevents us from discovering with what intentions the game of the last few weeks or months had been played; it is sufficient for Englishmen to remember that, whatever may have been the explanation of his conduct, the pope, in the concluding pa.s.sage of his connection with this country, furnished the most signal justification which was ever given for the revolt from an abused authority.

The supreme judge in Christendom had for six years trifled with justice, out of fear of an earthly prince; he concluded these years with uniting the extreme of folly with the extreme of improbity, and p.r.o.nounced a sentence, willingly or unwillingly, which he had acknowledged to be unjust.

Charity may possibly acquit Clement of conscious duplicity. He was one of those men who waited upon fortune, and waited always without success; who gave his word as the interest of the moment suggested, trusting that it might be convenient to observe it; and who was too long accustomed to break his promises to look with any particular alarm on that contingency. It is possible, also,--for of this Clement was capable--that he knew from the beginning the conclusion to which he would at last be driven; that he had engaged himself with Charles to decide in Catherine's favour as distinctly as he had engaged himself with Francis to decide against her; and that all his tortuous scheming was intended either to weary out the patience of the King of England, or to entangle him in acknowledgments from which he would not be able to extricate himself.

He was mistaken, certainly, in the temper of the English nation; he believed what the friars told him; and trusting to the promises of disaffection, insurrection, invasion--those _ignes fatui_ which for sixty years floated so delusively before the Italian imagination, he imagined, perhaps, that he might trifle with Henry with impunity. This only is impossible, that, if he had seriously intended to fulfil the promises which he had made to the French king, the accidental delay of a courier could have made so large a difference in his determination. It is not possible that, if he had a.s.sured himself, as he pretended, that justice was on the side against which he had declared, he would not have availed himself of any pretext to retreat from a position which ought to have been intolerable to him.

The question, however, had ended, "as all things in this world do have their end." The news of the sentence arrived in England at the beginning of April, with an intimation of the engagements which had been entered upon by the imperial amba.s.sador for an invasion. Du Bellay returned to Paris at the same time, to report the failure of his undertaking; and Francis, disappointed, angry, and alarmed, sent the Duke of Guise to London with promises of support if an attempt to invade was really made, and with a warning at the same time to Henry to prepare for danger. Troops were gathering in Flanders; detachments were on their way out of Italy, Germany, and Bohemia, to be followed by three thousand Spaniards, and perhaps many more; and the object avowed for these preparations was wholly incommensurate with their magnitude.[709] For his own sake Francis could not permit a successful invasion of England, unless, indeed, he himself was to take part in it; and therefore, with entire sincerity, he offered his services. The cordial understanding for which Henry had hoped was at an end; but the political confederacy remained, which the interests of the two countries combined for the present to preserve unbroken.

Guise proposed another interview at Calais between the sovereigns. The king for the moment was afraid to leave England,[710] lest the opportunity should be made use of for an insurrection; but prudence taught him, though disappointed in Francis, to make the best of a connection too convenient to be sacrificed. The German league was left in abeyance till the immediate danger was pa.s.sed, and till the effect of the shock in England itself had been first experienced. He gladly accepted, in lieu of it, an offer that the French fleet should guard the Channel through the summer; and meanwhile, he collected himself resolutely, to abide the issue, whatever the issue was to be.

The Tudor spirit was at length awake in the English sovereign. He had exhausted the resources of patience; he had stooped even to indignity to avoid the conclusion which had come at last. There was nothing left but to meet defiance by defiance, and accept the position to which the pope had driven him. In quiet times occasionally wayward and capricious, Henry, like Elizabeth after him, reserved his n.o.blest nature for the moment of danger, and was ever greatest when peril was most immediate. Woe to those who crossed him now, for the time was grown stern, and to trifle further was to be lost. The suspended act of parliament was made law on the day (it would seem) of the arrival of the sentence. Convocation, which was still sitting, hurried through a declaration that the pope had no more power in England than any other bishop.[711] Five years before, if a heretic had ventured so desperate an opinion, the clergy would have shut their ears and run upon him: now they only contended with each other in precipitate obsequiousness.

The houses of the Observants at Canterbury and Greenwich, which had been implicated with the Nun of Kent, were suppressed, and the brethren were scattered among monasteries where they could be under surveillance. The Nun and her friends were sent to execution.[712] The ordnance stores were examined, the repairs of the navy were hastened, and the garrisons were strengthened along the coast. Everywhere the realm armed itself for the struggle, looking well to the joints of its harness and to the temper of its weapons.

The commission appointed under the Statute of Succession opened its sittings to receive the oaths of allegiance. Now, more than ever, was it necessary to try men's dispositions, when the pope had challenged their obedience. In words all went well: the peers swore; bishops, abbots, priors, heads of colleges swore[713] with scarcely an exception,--the nation seemed to unite in an unanimous declaration of freedom. In one quarter only, and that a very painful one, was there refusal. It was found solely among the persons who had been implicated in the late conspiracy.

Neither Sir Thomas More nor the Bishop of Rochester could expect that their recent conduct would exempt them from an obligation which the people generally accepted with good will. They had connected themselves, perhaps unintentionally, with a body of confessed traitors. An opportunity was offered them of giving evidence of their loyalty, and escaping from the shadow of distrust. More had been treated leniently; Fisher had been treated far more than leniently. It was both fair and natural that they should be called upon to give proof that their lesson had not been learnt in vain; and, in fact, no other persons, if they had been pa.s.sed over, could have been called upon to swear, for no other persons had laid themselves open to so just suspicion.

Their conduct so exactly tallied, that they must have agreed beforehand on the course which they would adopt; and in following the details, we need concern ourselves only with the n.o.bler figure.

The commissioners sate at the archbishop's palace at Lambeth; and at the end of April, Sir Thomas More received a summons to appear before them.[714] He was at his house at Chelsea, where for the last two years he had lived in deep retirement, making ready for evil times. Those times at length were come. On the morning on which he was to present himself, he confessed and received the sacrament in Chelsea church; and "whereas," says his great-grandson, "at other times, before he parted from his wife and children, they used to bring him to his boat, and he there kissing them bade them farewell, at this time he suffered none of them to follow him forth of his gate, but pulled the wicket after him, and with a heavy heart he took boat with his son Roper."[715] He was leaving his home for the last time, and he knew it. He sat silent for some minutes, and then, with a sudden start, said, "I thank our Lord, the field is won." Lambeth Palace was crowded with people who had come on the same errand with himself. More was called in early, and found Cromwell present with the four commissioners, and also the Abbot of Westminster. The oath was read to him.

It implied that he should keep the statute of succession in all its parts, and he desired to see the statute itself. He read it through, and at once replied that others might do as they pleased; he would blame no one for taking the oath; but for himself it was impossible. He would swear willingly to the part of it which secured the succession to the children of Queen Anne.[716] That was a matter on which parliament was competent to decide, and he had no right to make objections. If he might be allowed to take an oath to this portion of the statute in language of his own, he would do it; but as the words stood, he would "peril his soul" by using them. The Lord Chancellor desired him to re-consider his answer. He retired to the garden, and in his absence others were called in; among them the Bishop of Rochester, who refused in the same terms. More was then recalled.

He was asked if he persisted in his resolution; and when he replied that he did, he was requested to state his reasons. He said that he was afraid of increasing the king's displeasure, but if he could be a.s.sured that he might explain himself safely he was ready to do so. If his objection could then be answered to his satisfaction, he would swear; in the meantime, he repeated, very explicitly, that he judged no one--he spoke only for himself.

An opening seemed to be offered in these expressions which was caught at by Cranmer's kind-hearted casuistry. If Sir Thomas More could not condemn others for taking the oath, the archbishop said, Sir Thomas More could not be sure that it was sin to take it; while his duty to his king and to the parliament was open and unquestioned.

More hesitated for an instant, but he speedily recovered his firmness. He had considered what he ought to do, he said; his conscience was clear about it, and he could say no more than he had said already. They continued to argue with him, but without effect; he had made up his mind; the victory, as he said, had been won.

Cromwell was deeply affected. In his pa.s.sionate regret, he exclaimed, that he had rather his only son had lost his head than that More should have refused the oath. No one knew better than Cromwell that intercession would be of no further use; that he could not himself advise the king to give way. The parliament, after grave consideration, had pa.s.sed a law which they held necessary to secure the peace of the country; and two persons of high rank refused obedience to it, whose example would tell in every English household. Either, therefore, the act was not worth the parchment on which it was written, or the penalties of it must be enforced: no middle way, no compromise, no acquiescent reservations, could in such a case be admitted.

The law must have its way.

The recusants were committed for four days to the keeping of the Abbot of Westminster; and the council met to determine on the course to be pursued.

Their offence, by the act, was misprision of treason. On the other hand, they had both offered to acknowledge the Princess Elizabeth as the lawful heir to the throne; and the question was raised whether this offer should be accepted. It was equivalent to a demand that the form should be altered, not for them only, but for every man. If persons of their rank and notoriety were permitted to swear with a qualification, the same privilege must be conceded to all. But there was so much anxiety to avoid extremities, and so warm a regard was personally felt for Sir Thomas More, that this objection was not allowed to be fatal. It was thought that possibly an exception might be made, yet kept a secret from the world; and the fact that they had sworn under any form might go far to silence objectors and reconcile the better cla.s.s of the disaffected.[717] This view was particularly urged by Cranmer, always gentle, hoping, and illogical.[718] But, in fact, secresy was impossible. If More's discretion could have been relied upon, Fisher's babbling tongue would have trumpeted his victory to all the winds. Nor would the government consent to pa.s.s censure on its own conduct by evading the question whether the act was or was not just. If it was not just, it ought not to be: maintained at all; if it was just, there must be no respect of persons.

The clauses to which the bishop and the ex-chancellor declined to bind themselves were those which declared illegal the marriage of the king with Catherine, and the marriage legal between the king and Queen Anne. To refuse these was to declare Mary legitimate, to declare Elizabeth illegitimate, and would do more to strengthen Mary's claims than could be undone by a thousand oaths. However large might be More's estimate of the power of parliament, he could have given no clear answer--and far less could Fisher have given a clear answer--if they had been required to say the part which they would take, should the emperor invade the kingdom under the pope's sanction. The emperor would come to execute a sentence which in their consciences they believed to be just; how could they retain their allegiance to Henry, when their convictions must be with the invading army?

What ought to have been done let those say who disapprove of what was actually done. The high character of the prisoners, while it increased the desire, increased the difficulty of sparing them; and to have given way would have been a confession of a doubtful cause, which at such a time would not have been dangerous, but would have been fatal. Anne Boleyn is said to have urged the king to remain peremptory;[719] but the following letter of Cromwell's explains the ultimate resolution of the council in a very reasonable manner. It was written to Cranmer in reply to his arguments for concession.

"My Lord, after mine humble commendation, it may please your Grace to be advertised that I have received your letter, and showed the same to the King's Highness; who, perceiving that your mind and opinion is, that it were good that the Bishop of Rochester and Master More should be sworn to the act of the king's succession, and not to the preamble of the same, thinketh that if their oaths should be taken, it were an occasion to all men to refuse the whole, or at least the like. For, in case they be sworn to the succession, and not to the preamble, it is to be thought that it might be taken not only as a confirmation of the Bishop of Rome's authority, but also as a reprobation of the king's second marriage.

Wherefore, to the intent that no such things should be brought into the heads of the people, by the example of the said Bishop of Rochester and Master More, the King's Highness in no wise willeth but that they shall be sworn as well to the preamble as to the act. Wherefore his Grace specially trusteth that ye will in no wise attempt to move him to the contrary; for as his Grace supposeth, that manner of swearing, if it shall be suffered, may be an utter destruction to his whole cause, and also to the effect of the law made for the same."[720]

Thus, therefore, with much regret the council decided--and, in fact, why should they have decided otherwise? They were satisfied that they were right in requiring the oath; and their duty to the English nation obliged them to persevere. They must go their way; and those who thought them wrong must go theirs; and the great G.o.d would judge between them. It was a hard thing to suffer for an opinion; but there are times when opinions are as dangerous as acts; and liberty of conscience was a plea which could be urged with a bad grace for men who, while in power, had fed the stake with heretics. They were summoned for a last time, to return the same answer as they had returned before; and nothing remained but to p.r.o.nounce against them the penalties of the statute, imprisonment at the king's pleasure, and forfeiture. The latter part of the sentence was not enforced. More's family were left in the enjoyment of his property. Fisher's bishop.r.i.c.k was not taken from him. They were sent to the Tower, where for the present we leave them.

Meanwhile, in accordance with the resolution taken in council on the and of December,[721] but which seems to have been suspended till the issue of the trial at Rome was decided, the bishops, who had been examined severally on the nature of the papal authority, and whose answers had been embodied in the last act of parliament, were now required to instruct the clergy throughout their dioceses--and the clergy in turn to instruct the people--in the nature of the changes which had taken place. A bishop was to preach each Sunday at Paul's Cross, on the pope's usurpation. Every secular priest was directed to preach on the same subject week after week, in his parish church. Abbots and priors were to teach their convents; n.o.blemen and gentlemen their families and servants; mayors and aldermen the boroughs. In town and country, in all houses, at all dinner-tables, the conduct of the pope and the causes of the separation from Rome were to be the one subject of conversation; that the whole nation might be informed accurately and faithfully of the grounds on which the government had acted. No wiser method could have been adopted. The imperial agents would be busy under the surface; and the mendicant friars, and all the missionaries of insurrection. The machinery of order was set in force to counteract the machinery of sedition.

Further, every bishop, in addition to the oath of allegiance, had sworn obedience to the king as Supreme Head of the Church;[722] and this was the t.i.tle under which he was to be spoken of in all churches of the realm. A royal order had been issued, "that all manner of prayers, rubrics, canons of Ma.s.s books, and all other books in the churches wherein the Bishop of Rome was named, or his presumptuous and proud pomp and authority preferred, should utterly be abolished, eradicated, and rased out, and his name and memory should be never more, except to his contumely and reproach, remembered; but perpetually be suppressed and obscured."[723]

Nor were these mere idle sounds, like the bellow of unshotted cannon; but words with a sharp, prompt meaning, which the king intended to be obeyed.

He had addressed his orders to the clergy, because the clergy were the officials who had possession of the pulpits from which the people were to be taught; but he knew their nature too well to trust them. They were too well schooled in the tricks of reservation; and, for the nonce, it was necessary to reverse the posture of the priest and of his flock, and to set the honest laymen to overlook their pastors.