The Reign of Henry the Eighth Part 31

[263] _State Papers_, vol. vii. p. 317.

[264] For Croke's Mission, see BURNET, vol. i. p. 144 e.

[265] _State Papers_, vol. vii. p. 241.

[266] Friar Pallavicino to the Bishop of Bath. _Rolls House MS._

[267] Croke and Omnibow to the King. _Rolls House MS._

[268] Generalis magister nostri ordinis mandavit omnibus suae religionis professoribus, ut nullus audeat de auctoritate Pontificis quicquam loqui.

Denique Orator Caesareus in talia verba prorupit, quibus facile cognovi ut me a Pontifice vocari studeat et tunc timendum esset saluti meae. Father Omnibow to Henry VIII. _Rolls House MS._

[269] BURNET'S _Collect._ p. 50. Burnet labours to prove that on Henry's side there was no bribery, and that the emperor was the only offender; an examination of many MS. letters from Croke and other agents in Italy leads me to believe that, although the emperor only had recourse to intimidation, because he alone was able to practise it, the bribery was equally shared between both parties.

[270] LEGRAND, vol. iii. p. 458. The Grand Master to the King of France:--De l'autre part, adventure il n'est moins a craindre, que le Roy d'Angleterre, irrite de trop longues dissimulations, trouvast moyen de parvenir a ses intentions du consentement de l'Empereur, et que par l'advenement d'un tiers _se fissent ami, Herode et Pilate_.

[271] Ibid. vol. iii. p. 467, etc.

[272] Letter from the King of France to the President of the Parliament of Paris. _Rolls House MS._

[273] Letter from Reginald Pole to Henry VIII. _Rolls House MS._

[274] Pole to Henry VIII. _Rolls House MS._

[275] BURNET, _Collectanea_, p. 429.

[276] _State Papers_, vol. i. p. 377.

[277] BURNET'S _Collectanea_, p. 436; _State Papers_, vol. i. p. 378.

[278] It is not good to stir a hornet's nest.

[279] BURNET'S _Collectanea_, p. 431.

[280] Ibid. p. 48.

[281] Preface to LATIMER'S _Sermons_. Parker Society's edition, p. 3.

[282] "King Harry loved a man," was an English proverb to the close of the century. See SIR ROBERT NAUNTON'S _Fragmenta Regalia_, London, 1641, p. 14.

[283] Sir George Throgmorton, who distinguished himself by his opposition to the Reformation in the House of Commons.

[284] BURNET'S _Collect_, p. 429.

[285] _A Gla.s.se of Truth._

[286] Ibid. p. 144.

[287] 35 Ed. I.; 25 Ed. III. stat. 4; stat. 5, cap. 22; 27 Ed. III. stat.

1; 13 Ric. II. stat. 2, cap. 2; 16 Ric. II. cap. 5; 9 Hen. IV. cap. 8.

[288] CAVENDISH, p. 276.

Gardiner has left some noticeable remarks on this subject.

"Whether," he says, "a king may command against a common law or an act of parliament, there is never a judge or other man in the realm ought to know more by experience of that the laws have said than I.

"First, my Lord Cardinal, that obtained his legacy by our late Sovereign Lord's requirements at Rome, yet, because it was against the laws of the realm, the judges concluded the offence of Premunire, which matter I bare away, and took it for a law of the realm, because the lawyers said so, but my reason digested it not. The lawyers, for confirmation of their doings, brought in the case of Lord Tiptoft. An earl he was, and learned in the civil laws, who being chancellor, because in execution of the king's commandment he offended the laws of the realm, suffered on Tower Hill. They brought in examples of many judges that had fines set on their heads in like cases for transgression of laws by the king's commandment, and this I learned in that case.

"Since that time being of the council, when many proclamations were devised against the carriers out of corn, when it came to punish the offender, the judges would answer it might not be by the law, because the Act of Parliament gave liberty, wheat being under a price. Whereupon at last followed the Act of Proclamations, in the pa.s.sing whereof were many large words spoken."

After mentioning other cases, he goes on:--

"I reasoned once in the parliament house, where there was free speech without danger, and the Lord Audely, to satisfy me, because I was in some secret estimation, as he knew, 'Thou art a good fellow, Bishop,' quoth he; 'look at the Act of Supremacy, and there the king's doings be restrained to spiritual jurisdiction; and in another act no spiritual law shall have place contrary to a common law, or an act of parliament. And this were not,' quoth he, 'you bishops would enter in with the king, and by means of his supremacy order the laws as ye listed. But we will provide,' quoth he, 'that the premunire shall never go off your heads.' This I bare away then, and held my peace."--Gardiner to the Protector Somerset: _MS. Harleian_, 417.

[289] 13 Ric. II. stat. 2, cap. 2. Et si le Roi envoie par lettre on en autre maniere a la Courte du Rome al excitacion dascune person, parount que la contrarie de cest estatut soit fait touchant ascune dignite de Sainte Eglise, si celuy qui fait tiel excitacion soit Prelate de Sainte Eglise, paie au Roy le value de ses temporalitees dun an. The pet.i.tion of parliament which occasioned the statute is even more emphatic: Perveuz tout foitz que par nulle traite ou composition a faire entre le Seint Pere le Pape et notre Seigneur le Roy que riens soit fait a contraire en prejudice de cest Estatute a faire. Et si ascune Seigneur Espirituel ou Temporel ou ascune persone quiconque de qu'elle condition q'il soit, enforme, ensence ou excite le Roi ou ses heirs, l'anientiser, adnuller ou repeller cest Estatut a faire, et de ceo soit atteint par due proces du loy que le Seigneur Espirituel eit la peyne sus dite, etc.--_Rolls of Parliament_, Ric. II. 13.

[290] Even further, as chancellor the particular duty had been a.s.signed to him of watching over the observance of the act.

Et le chancellor que pur le temps serra a quelle heure que pleint a luy ou a conseill le Roy soit fait d'ascunes des articles sus ditz par ascune persone que pleindre soy voudra granta briefs sur le cas ou commissions a faire au covenables persones, d'oier et terminer les ditz articles sur peyne de perdre son office et jamais estre mys en office le Roy et perdre mille livres a lever a l'oeps le Roy si de ce soit atteint par du proces.--_Rolls of Parliament_, Ric. II. 13.

[291] BURNET, vol. iii. p. 77. See a summary of the acts of this Convocation in a sermon of Latimer's preached before the two Houses in 1536. LATIMER'S _Sermons_, p. 45.

[292] The king, considering what good might come of reading of the New Testament and following the same; and what evil might come of the reading of the same if it were evil translated, and not followed; came into the Star Chamber the five-and-twentieth day of May; and then communed with his council and the prelates concerning the cause. And after long debating, it was alleged that the translations of Tyndal and Joy were not truly translated, and also that in them were prologues and prefaces that sounded unto heresy, and railed against the bishops uncharitably. Wherefore all such books were prohibited, and commandment given by the king to the bishops, that they, calling to them the best learned men of the universities, should cause a new translation to be made, so that the people should not be ignorant of the law of G.o.d.--HALL, p. 771. And see WARHAM'S _Register_ for the years 1529-1531. MS. Lambeth.

[293] 22 Hen. VIII. cap. 15.

[294] BURNET, vol. iii. p. 78.

[295] _State Papers_, vol. vii. 457.

[296] Memoranda relating to the Clergy: _Rolls House MS._

[297] BURNET, vol. iii. p. 80.

[298] The King's Highness, having always tender eyes with mercy and pity and compa.s.sion towards his spiritual subjects, minding of his high goodness and great benignity so always to impart the same unto them, as justice being duly administered, all rigour be excluded; and the great benevolent minds of his said subjects [having been] largely and many times approved towards his Highness, and specially in their Convocation and Synod now presently being in the Chapter House of Westminster, his Highness, of his said benignity and high liberality, in consideration that the said Convocation has given and granted unto him a subsidy of one hundred thousand pounds, is content to grant his general pardon to the clergy and the province of Canterbury, for all offences against the statute and premunire.--22 Hen. VIII. cap. 15.

[299] BURNET, vol. 1. p. 185.

[300] An instance is reported in the Chronicle of the Grey Friars ten years previously. The punishment was the same as that which was statutably enacted in the case of Rouse.

[301] HALL, p. 781.

[302] Most shocking when the _wrong persons_ were made the victims; and because clerical officials were altogether incapable of detecting the _right persons_, the memory of the practice has become abhorrent to all just men. I suppose, however, that, if the _right persons_ could have been detected, even the stake itself would not have been too tremendous a penalty for the destroying of human souls.

[303] 22 Hen. VIII. cap. 10.

[304] See a very curious pamphlet on this subject, by SIR FRANCIS PALGRAVE.