Letter in defence of the Kings Proceedings in this matter to Reginald soon after Cardinal Pool from these writings and the Sermons preached by some Bishops at this time with other Authentick 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 Popes pretended Power The other for setting up the Kings Supremacy with the Explanations and Limitations of it First of the Popes Power they declared that they found no ground for it in the Scripture All the Apostles were made equal by Christ when he committed 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 Iames and Iohn and when he thought St. Peter blame-worthy he withstood him to his face But whatsoever Preheminence 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 preferred before another it should be Ierusalem where Christ dyed and out of which the Faith was propagated over all Nations Christ commanding his Disciples 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. Ierome For the places brought from Scripture in favor 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. Ierome 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 Gerson and Aeneas Silvius afterwards Pope Pius the 2d rather to make against the Pope and for a General Council And the Fathers have generally followed St. Chrysostome 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 sail 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 he was not to Stretch himself and St. Peters 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 P. Stephens definition in the point of Re-baptizing of Hereticks and expresly 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 compleat and equall 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 relation 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 look't on himself as their Equal since he calls them Brother Collegue and Fellow-Bishop And whatsoever is said by any Ancient Writer of St. Peters 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 delivering of Moses Law But though St. Peter sate 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 Patriarches 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 thaâ— time the Arrian Heresie having spread Generally over the Eastern Churches from which the Western were free the oppressed Catholick Bishops of the East made Appeals to Rome and extolled that See by a natural Maxime in all men who magnifie that from which they have Protection But the Second general Council took care that that should not grow a President 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 Diocess 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 sate 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 Afâ—ican Fathers who acknowledged no such Right and had never heard of that Canon Upon which they sent to the Eastâ—rn 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 rejecting 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
Court had an eye on their Lands made them to be as complyant as could be But Fisher was a man of great reputation and very ancient so that much pains was taken to satisfie him A week before the Parliament sat down the Arch-Bishop of Canterbury 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 wrote to him on the 8th of Ianuary that he was ready whenever the other pleased and desired him 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 Fishers sickness hindred the progress of it But now on the 15th of Ianuary the Parliament sat down by the Journals I find no other Bishops present but the Arch-Bishop of Canterbury the Bishops of London Winchester Lincoln Bath and Wells Landaffe and Carlisle There were also twelve Abbots 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 Pauls-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 Commons for dischargeing the Subjects of all dependance 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 appears there was no stiff nor long opposition and he that was likest 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 Proviso's were added to it by the Lords to which the Commons agreed and so it was made ready for the Royal assent In the Preamble the intolerable exactions for Peter-pence Provisions Pensions and Bulls of all sorts are complained of which were contrary to all Laws and grounded only on the Popes Power of Dispensing 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 Convocations Therefore it was Enacted that all Payments made to the Apostolick Chamber and all Provisions Bulls or Dispensations should from thenceforth cease But that all Dispensations or Licences for things that were not contrary to the Law of God but only to the Law of the Land should be granted within the Kingdom by and under the Seals of the two Arch-Bishops in their several Provinces who should not presume to grant any contrary to the Laws of Almighty God and should only grant such Licences as had been formerly in use to be granted but give no Licence for any new thing till it were first examined by the King and his Council whether such things might be dispensed with and that all Dispensations which were formerly taxed at or above 4 l. should be also confirmed under the Great-Seal Then many clauses follow about the Rates of Licences 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 Catholick Faith of Christendom or in any other things declared by the Scriptures and the word of God necessary for their Salvation confirming withal the exemptions of Monasteries formerly granted by the Bishop of Rome exempting them still from the Arch-Bishops Visitations declaring that such Abbeys whose Elections were formerly confirmed 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 Licences and other Writs obtained from Rome before the 12 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 Priviledges 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 Premunire This Act as it gave great ease to the Subject so it cut off that base trade of Indulgences about Divine Laws which had been so gainful to the Church of Rome but was of late fatal to it All in the Religious Houses saw their Priviledges now struck at since they were to be reformed as the King saw cause which put them in no small confusion Those that favoured the Reformation rejoyced at this Act not only because the Popes Power was rooted out but because the Faith that was to be adhered to was to be taken from those things which the Scriptures declared necessary to Salvation so that all their fears were now much qualified since the Scripture was to be the standard of the Catholick Faith On the same day that this Bill passed in the House of Lords another Bill was read for confirming the Succession to the Crown in the Issue of the Kings present Marriage with Queen Anne It was read the second time on the 21 of March and Committed It was reported on the 23th and read the third time and passed and sent down to the Commons who sent it back again to them on the 26th so speedily did this Bill go through both Houses without any opposition The Preamble of it was The distractions that had been in England about the Succession to the Crown which had occasioned the effusion of much Blood with many other mischiefs all which flowed from the want of a clear Decision of the true Title from which the Popes had Usurped a Power of investing such as pleased them in other Princes Kingdoms and Princes had often maintained such Donations for their other ends therefore to avoid the like
inconveniences the Kings former Marriage with the Princess Katharine is judged contrary to the Laws of God and void and of no effect and the Sentence passed by the Arch-Bishop of Canterbury annulling it is confirmed and the Lady Katharine is thenceforth to be reputed only Princess Dowager and not Queen and the Marriage with Queen Annâ— is established and confirmed and Marriages within the degrees Prohibited by Moses which are enumerated in the Statute are declared to be unlawful according to the judgment of the Convocations of this Realm and of the most famous Universities and Learned men abroad any Dispensations to the contrary notwithstanding which are also declared null since contrary to the Laws of God and all that were Married within these degrees are appointed to be Divorced and the Children begotten in such Marriages were declared Illegitimate And all the Issue that should be between the King and the present Queen is declared Lawful and the Crown was to descend on his Issue Male by her or any other Wife or in default of Issue Male to the Issue Female by the Queen and in default of any such to the right Heirs of the Kings Highness for ever and any that after the 1st of May should maliciously divulge any thing to the slander of the Kings Marriage or of the Issue begotten in it were to be adjudged for misprision of Treason and to suffer Imprisonment at the Kings will and forfeit all their Goods and Chattels to him And if the Queen out-lived the King she is declared Regent till the Issue by her were of Age if a Son 18 and if a Daughter 16 years of Age and all the Kings Subjects were to Swear that they would maintain the Contents of this Act and whoever being required did refuse it was to be judged guilty of misprision of Treason and punished accordingly The Oath it seems was likewise agreed on in the House of Lords for the Form of it is set down in their Journal as follows Ye shall Swear to bear Faith Truth and Obedience alonely to the Kings Majesty and to his Heirs of his body of his most dear and entirely beloved lawful Wife Queen Anne begotten and to be begotten And further to the Heirs of our said Soveraign Lord according to the limitation in the Statute made for surety of his Succession in the Crown of this Realm mentioned and contained and not to any other within this Realm nor Forreign Authority or Potentate And in case any Oath be made or hath been made by you to any Person or Persons that then ye to repute the same as vain and annihilate And that to your cunning wit and uttermost of your Power without guile fraud or other undue means ye shall observe keep maintain and defend the said Act of Succession and all the whole Effects and Contents thereof and all other Acts and Statutes made in Confirmation or for Execution of the same or of any thing therein contained And this ye shall do against all manner of Persons of what Estate Dignity Degree or condition soever they be and in no wise to do or attempt nor to your power suffer to be done or attempted directly or indirectly any thing or things privily or appartly to the let hindrance damage or derogation thereof or of any part of the same by any manner of means or for any manner of pretence So help you God and all Saints and the holy Evangelists And thus was the Kings Marriage confirmed But when the Commons returned this Bill to the Lords they sent them another with it concerning the proceedings against Hereticks There had been complaints made formerly as was told before of the severe and intolerable proceedings in the Ecclesiastical Courts against Hereticks And on the 4th of Fâ—bruary the Commons sent up a complaint made by one Thomas Philips against the Bishop of London for using him cruelly in Prison upon the suspition of Heresie but the Lords doing nothing in it on the 1st of March the House of Commons sent some of their number to the Bishop requiring him to make answer to the complaints exhibited against him who acquainted the House of Lords with it the next day but as they had formerly laid aside the complaint as not worthy of their time so they all with one consent answered That it was not fit for any of the Peers to appear or answer at the Barr of the House of Commons Upon this the House of Commons finding they could do nothing in that particular case resolved to provide an effectual remedy for such abuses for the future And therefore sent up a Bill about the punishment of Hereticks which was read that day for the first time and the second and third time on the 27th and 28th in which it passed The Act was a repeal of the Statute of the 2d of Henry the 4th by which Bishops upon suspition of Heresie might commit any to Prison as was before told but in that Act there was no Declaration made what was Heresie except in the general words of what was contrary to Scriptures or Canonical Sanctions This was liable to great Ambiguity by which men were in much danger and not sufficiently instructed what was Heresie They also complained of their proceedings without Presentment or Accusation contrary to what was practised in all other cases even of Treason it self and many Canonical Sanctions had been established only by Popes without any Divine Precept therefore they repealed the Act of Henry the 4th but left the Statutes of Richard the 2d and Henry the 5th still in force with the following Regulation That Hereticks should be proceeded against upon Presentments by two Witnesses at least and then be Committed but brought to answer to their Enditements in open Court and if they were found guilty and would not abjure or were relapse to be adjudged to death the Kings Writ De Haeretico comburendo being first obtained It was also declared that none should be troubled upon any of the Popes Canons or Laws or for speaking or doing against them It was likewise provided that men Committed for Heresie might be Bailed It may easily be imagined how acceptable this Act was to the whole Nation since it was such an effectual limitation of the Ecclesiastical Power in one of the uneasiest parts of it and this Regulation of the Arbitrary proceedings of the Spiritual Courts was a particular blessing to all that favoured Reformation But as the Parliament was going on with these good Laws there came a Submission from the Clergy then sitting in Convocation to be passed in Parliament With what opposition it went through the two Houses of Convocation and the House of Commons is not known for as the Registers of the Convocation are burnt so it does not appear that there were any Journals kept in the House of Commons at that time On the 27th of March it was sent up to the Lords and since the Spiritual Lords had already consented to
it there was no reason to apprehend any opposition from the Temporal Lords The Session was now near an end so they made haste and read it twice that day and the third time the next day and passed it The Contents of it were The Clergy acknowledged that all Convocations had been and ought to be assembled by the Kings Writ and promised in verbo Sacerdotii that they would never make nor execute any new Canons or Constitutions without the Royal assent to them and since many Canons had been received that were found prejudicial to the Kings Prerogative contrary to the Laws of the Land and heavy to the Subjects That therefore there should be a Committee of thirty two Persons sixteen of the two Houses of Parliament and as many of the Clergy to be named by the King who should have full power to abrogate or confirm Canons as they found it expedient the Kings assent being obtained This was confirmed by Act of Parliament and by the same Act all appeals to Rome were again condemned If any party found themselves agrieved in the Arch-Bishops Courts an appeal might be made to the King in the Court of Chancery and the Lord-Chancellor was to grant a Commission under the Great-Seal for some Delegates in whose determination all must acquiesce All exempted Abbots were also to appeal to the King and it concluded with a Proviso that till such Correction of the Canons was made all those which were then received should still remain in force except such as were contrary to the Laws and Customs of the Realms or were to the damage or hurt of the Kings Prerogative This Proviso seemed to have a fair colour that there might still be some Canons in force to govern the Church by but since there was no day prefixed to the Determination of the Commission this Proviso made that the Act never took effect for now it lay in the Prerogative and in the Judges breast to declare what Canons were contrary to the Laws or the Rights of the Crown and it was judged more for the Kings Greatness to keep the matter undetermined than to make such a Collection of Ecclesiastical Laws as should be fixed and unmoveable The last of the publick Acts of this Session that related to the Church was about the Election and Consecration of Bishops On the 4th of February the Commons sent up a Bill to the Lords about the Consecration of Bishops it lay on the Table till the 27th of February and was then cast out and a new one drawn On what reason it was cast out is not mentioned and the Journal does not so much as say that it was once read The new Bill had its second reading the 3d of March and on the 5th it was ordered to be Engross'd and on the 9th it was read the third time and agreed to and sent down to the Commons who returned it to the Lords on the 16th of March. The first part of it is a confirmation of their former Act against Annates to which they added that Bishops should not be any more presented to the Bishop of Rome or sue out any Bulls there but that all Bishops should be presented to the Arch-Bishop and Arch-Bishops to any Arch-Bishop in the Kings Dominions or to any four Bishops whom the King should name and that when any See was vacant the King was to grant a Licence for a new Election with a Letter missive bearing the name of the Person that was to be chosen and twelve days after these were delivered an Election was to be returned by the Dean and Chapter or Prior and Convent under their Seals Then the Person Elected was to swear Fealty to the King upon which a Commission was to be issued out for Consecrating and Investing him with the usual Ceremonies after which he was to do Homage to the King and be restored both to the Spiritualities and Temporalities of his See for which the King granted Commissions during the vacancy and whosoever refused to obey the Contents of the Act or acted contrary to it were declared within the Statute of Premunire There passed a private Act for depriving the Bishops of Salisbury and Worcester who were Cardinal Campegio and Ierome de Ghinuccii the former deserved greatter severities at the Kings hand but the latter seems to have served him faithfully and was recommended both by the King and the French King about a year before to a Cardinals Hat The Preamble of the Act bears that persons promoted to Ecclesiastical Benefices ought to reside within the Kingdom for preaching the Laws of Almighty God and for keeping Hospitality and since these Prelates did not that but lived at the Court of Rome and neglected their Diocesses and made the Revenues of them be carried out of the Kingdoms contrary to the intentions of the Founders and to the prejudice of the Realm 3000 l. being at least carried yearly out of the Kingdom therefore their Diocesses were declared vacant But now I come to the Act of the Attainder of Elizabeth Barton and her Complices which I shall open fully since it was the first step that was made to Rebellion and the first occasion of putting any to death upon this quarrel and from it one will clearly see the Genius of that part of the Clergy that adhered to the Interests of the Court of Rome On the 21th of February the Bill was sent up to the Lords and read the first time on the 26th it was read the second time and committed then the Witnesses and other Evidences were brought before them but chiefly she with all her Complices who confessed the Crimes charged on her It was reported and read the 6th of March the third time and then the Lords addressed to the King to know his pleasure whether Sir Thomas More and others mentioned in the Act as Complices or at least Concealers might not be heard to speak for themselves in the Star-Chamber As for the Bishop of Rochester he was sick but he had written to the House all that he had to say for his own excuse What presumptions lay against Sir Thomas More I have not been able to find out only that he wrote a Letter to the Nun at which the King took great exceptions yet it appears he had a mean opinion of her for in discourse with his beloved Daughter Mistress Roper he called her commonly the silly Nun. But for justifying himself he wrote a full account of all the entercourse he had with the Nun and her Complices to Cromwell but tho by his other printed Letters both to Cromwell and the King it seems some ill impressions remained in the Kings mind about it he still continued to justifie not only his intentions but his actions in that particular One thing is not unworthy of observation that Rastall who published his Works in Queen Maries time printed the second Letter he wrote to Cromwell yet did not publish that account which
Bribes at this time which is not to be wondred at when there was so much to be shared But great disorders followed upon the Dissolution of the other Houses People were still generally discontented The Suppression of Religious Houses occasioned much out-crying and the Articles then lately published about Religion encreased 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 Popes Power of deposing Kings had been for almost five hundred years received as an Article of Faith The same Council that established Transubstantiation had asserted 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 Deprivations The one in France of Childeric the 3d 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 alleagance to them In both these the Popes had a great hand yet they rather confirmed and approved of those Treasonable Mutations than gave the first rise to them But after Pope Gregory the 7th'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 Alleagance and set up others in their stead And all those Emperors or Kings that contested any thing with Popes sat very uneasie and unsafe in their Thrones ever after that But if they were tractable to the demands of the Court of Rome then they might oppress their Subjects 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 Friers having the Consciences of people generally in their hands as they had the word given by their General at Rome so they disposed 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 Popes Authority gave them as good a Warrant to encline 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 forreign 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 The people were quiet till they had reaped their Harvest And though some Injunctions were published a little before to help it the better forward most of the Holy days in Harvest being abolished by the Kings Authority yet that rather Inflamed them the more Other Injunctions were also published in the Kings name by Cromwell his Vice-gerent 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 Collection of Papers for them as I transcribed them out of the Register The Substance of them was that first all Ecclesiastical Incumbents were for a quarter of an year after that once every Sunday and ever after that twice every quarter to publish to the people That the Bishop of Romes usurped Power had no ground in the Law of God and therefore was on good reasons abolished in this Kingdom And that the Kings Power was by the Law of God Supream over all persons in his Dominions And they were to do their uttermost endeavour to extirpate the Popes Authority and to establish the Kings 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 politick 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 Relicks for superstition or gain nor to exhort people to make Pilgrimages as if blessings and good things were to be obtained of this or that Saint or Image But in stead of that the people were to be instructed to apply themselves to the keeping of Gods Commandments 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 they went Pilgrimages and that the Moneys laid out on these were better given to the poor Fifthly They were to exhort the people to teach their Children the Lords Prayer the Creed and the ten Commandments in English and every Incumbent 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 administred 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 wholsome Doctrine that they might all see that their Pastors did not pursue their own profits or interests so much as the Glory of God and the good of the 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 Pound 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 an hundred Pound a year must give an Exhibition for one Schollar at some Grammar School or University who after he had compleated his Studies was to be Partner of
before there was any Act of Parliament made for their Suppression In several Houses the Visitors who were generally either Masters of Chancery or Auditors of the Court of Augmentations studied not only to bring them to resign their Houses but to Sign Confessions of their passed lewd and dissolute lives Of these there is only one now extant which it is like escaped the general rasure and destruction of all Papers of that kind in Queen Maries time But from the Letters that I have seen I perceive there were such Confessions made by many other Houses That Confession of the Prior and Benedictins of St. Andrews in Northampton is to be seen in the Records of the Court of Augmentations In which with the most aggravating expressions that could be devised they acknowledged their past ill life for which the Pitt 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 resigned with this Preamble That they did profoundly consider that the manner and trade of living which they and others of their pretended Religion had for a long time followed consisted in some dumb ceremonies and other Constitutions of the Bishops of Rome and other forreign Potentates as the Abbot of Cisteaux by which they were blindly led having no true knowledg of Gods Laws procuring exemptions from their Ordinary and Diocesan by the Power of the Bishop of Rome and submitting themselves wholly to a forreign Power who never came hither to reform their abuses which were now found among them 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 who was their Supream Head on earth they Submitted themselves to his Mercy and surrendered up their Monastery to him on the 25th of September in the 30th 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 Ailesbury 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 Spirituals and Temporals So did the Abbot of Chertsey in Surrey with fourteen Monks on the 14th of Iuly in the 29th year of this Reign whose House was valued at 744 lib. I have some 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 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 were most of the young Gentlewomen of the County were sent to be bred so that the Gentrey of the Country desired the King would spare the House yet all was uneffectual The General Form in which most of these Resignations begins is That the Abbot and Brethren upon full deliberation certain knowledg of their own proper motion for certain just and reasonable causes 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 Feofees in trust for the Kings use And thus they went on procuring daily more surrenders So that in the thirtieth year of the Kings Reign there were 159 Resignations enrolled of which the Originals of 155 do yet remain And for the Readers further satisfaction he shall find in the Collection at the end of this Book the names of all these Houses so surrendred 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 31th year of his Reign It was questioned by many whether these surrenders could be good in Law since the Abbots were but 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 Foundations all was trusted to the Abbot and the Senior Brethren of the House who putting the Covent-Seal to any Deed it was of force in Law It was also said that they thus surrendering had forfeited their Charters and Foundations and so the King might seize and possess them with a good Title if not upon the Resignation 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 Trustees who were either bribed or frighted should pass away that which was none of theirs 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 the Kings Supremacy and for the Popes 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 Conference 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 prevailed with and did again submit to the King and acknowledg his Supremacy but he afterwards joyned himself to the Rebels and was taken with them together with the Abbot of Whaley and two
them to their Heresies the number of which was too long to be repeated that having formerly abjured they were now incorrigible Hereticks and so were condemned to be burned or suffer any other death as should please the King And two dayes after Cromwels death being the 30th of Iuly They were brought to Smithfield where in their Execution there was as odd a mixture as had been in their Attaindors For Abel Fetherston and Powel that were attainted by another Act of the same Parliament for owning the Popes Supremacy and denying the Kings were carried to the place of Execution and coupled with the other three So that one of each was put into a Hurdle and carried together which every body condemned as an Extravagant affectation of the shew of Impartial Justice When they were brought to the Stake Barnes spake thus to the People Since he was to be burned as an Heretick he would declare what opinions he held So he enlarged on all the Articles of the Creed to shew he believed them all He expressed a particular abhorrence of an opinion which some Anabaptists held That the Blessed Virgin was as a Saffron Bagg by which indecent Simile they meant that our Saviour took no substance of her He explained his opinion of Good works that they must of necessity be done since without them none should ever enter into the Kingdom of God They were commanded of God to shew forth our profession by them but he believed as they were not pure nor perfect so they did not avail to our Justification nor merit any thing at the hands of God for that was to be ascribed to the Merits of the Death and Passion of Christ. He professed great Reverence to the Blessed Virgin and Saints But said he saw no warrant in Scriptures for praying to them nor was it certain whether they prayed for us or not but if the Saints did pray for those on Earth he trusted within half an hour to be praying for them all Then he asked the Sheriff if he had any Articles against them for which they were condemned who answered he had none He next asked the people if they knew wherefore he died or if they had been led into any Errours by his Preaching but none made answer Then he said he heard he was condemned to die by an Act of Parliament and it seemed it was for Heresie since they were to be burnt He prayed God to forgive those who had been the occasions of it And in particular for the Bishop of Winchester if he had sought or procured his death he prayed God heartily to forgive him as Christ forgave his Murtherers He prayed earnestly for the King and the Prince and exhorted the people to pray for them He said some had reported that he had been a Preacher of Sedition and Disobedience But he declared to the peopâ—e that they were bound by the Law of God to obey their Kings Laws with all humility not only for fear but for Conscience adding that if the King commanded any thing against Gods Law though it were in their Power to resist him yet they might not do it Then he desired the Sheriff to carry five requests from him to the King First That since he had taken the Abbey-Lands into his hands for which he did not blame him as the Sheriff fancied he was about to do and thereupon stopped him but was glad that Superstition was taken away and that the King was then a compleat King obeyed by all his Subjects which had been done through the Preaching of them and such wretches as they were yet he wished the King would bestow these goods or some of them to the comfort of his poor Subjects who had great need of them Secondly That Marriage might be had in greater esteem and that men might not upon light pretences cast off their Wives and that those who were unmarried might not be suffered to live in Whoredome Thirdly That Abominable Swearers might be punished Fourthly That since the King had begun to set forth Christian Religion he would go forward in it and make an end for though he had done a great deal yet many things remained to be done and he wished that the King might not be deceived with false Teachers The fifth desire he said he had forgot Then he begged that they all would forgive him if at any time he had said or done evil unadvisedly and so turned about and prepared himself for his death Ierome spake next and declared his Faith upon every Article of the Creed and said that he believed all that was in the Holy Scriptures He also prayed for the King and the Prince And concluded with a very Pathetical Exhortation to mutual Love and Charity that they would propose to themselves the pattern of Christs wonderful Love through whom only he hoped to be saved and desired all their Prayers for himself and his Brethren Then Gerard declared his Faith and said That if through ignorance or negligence he had taught any error he was sorry for it and asked God pardon and them whom he had thereby offended But he protested that according to his Learning and Knowledg he had always set forth the honour of God and the obedience of the Kings Laws Then they all prayed for the pardon of their Sins and constancie and patience in their sufferings And so they embraced and kissed one another and then the Executioners tyed them to the Stake and set fire to them Their death did rather encourage than dishearten their followers who seeing such an extraordinary measure of patience in them were the more confirmed in their resolutions of suffering for a good conscience and for his name who did not forsake his Servants in these cruel Agonies One difference between their Sufferings and the other three who were hanged for asserting the Popes Supremacy was remarkable that though the others demeaned themselves toward them with the most uncharitable and spiteful malice that was possible so that their own Historian sayes That their being carryed with them to their Execution was bitterer to them than death it self yet they declared their hearty forgiving of their Enemies and of Gardiner in particular who was generally looked on as the person that procured their death which Imputation stuck fast to him though by a Printed Apologie he studyed to clear himself of any other concernment in it than by giving his vote for the Act of their Attaindor Now Bonner began to shew his nature Hitherto he had acted another part For being most extreamly desirous of Preferment he had so complyed with Cromwel and Cranmer that they had great confidence in him and he being a blustering and forward man they thought he might do the Reformation good service and therefore he was advanced so high by their means But as soon as ever Cromwel fell the very next day he shewed his Ingratitude and how nimbly he turned with the Wind. For Grafton the Printer whom Cromwel favoured much
pleasure Item If the said Commissioners have but one County in charge then to certifie the said Chancellor in form aforesaid and there to remain till they know further of the King's pleasure VII Injunctions given by the Authority of the King's Highness to the Clergy of this Realm IN the Name of God Amen In the Year of our Lord God one thousand five hundred thirty six and of the most noble Reign of our Sovereign Lord Henry the Eighth King of England and France the 28 Year and the day of I Thomas Cromwel Knight Lord Cromwel Keeper of the Privy-Seal of our said Sovereign Lord the King and Vicegerent unto the same for and concerning all his Jurisdictions Ecclesiastical within the Realm visiting by the King's Highness's Supream Authority Ecclesiastical the People and Clergy of this Deanery of by my trusty Commissary lawfully deputed and constitute for this part have to the glory of Almighty God to the King's Highness's honour the publick Weal of this his Realm and encrease of Vertue in the same appointed and assigned these Injunctions ensuing to be kept and observed of the Dean Parsons Vicars Curates and Stipendaries resiant or having cure of Soul or any other Spiritual Administrations within this Deanery under the pains hereafter limited and appointed The first is That the Dean Parsons Vicars and other having cure of Soul any-where within this Deanery shall faithfully keep and observe and as far as in them may lie shall cause to be observed and kept of other all and singular Laws and Statutes of this Realm made for the abolishing and extirpation of the Bishop of Rome's pretensed and usurped Power and Jurisdiction within this Realm And for the establishment and confirmation of the King's Authority and Jurisdiction of the same as of the Supream Head of the Church of England and shall to the uttermost of their Wit Knowledg and Learning purely sincerely and without any colour or dissimulation declare manifest and open for the space of one quarter of a year next ensuing once every Sunday and after that at the least-wise twice every quarter in their Sermons and other Collations that the Bishop of Rome's usurped Power and Jurisdiction having no establishment nor ground by the Law of God was of most just causes taken away and abolished and therefore they owe unto him no manner of obedience or subjection and that the King's Power is within his Dominion the highest Power and Potentate under God to whom all Men within the same Dominions by God's Commandment owe most loyalty and obedience afore and above all other Powers and Potentates in Earth Item Whereas certain Articles were lately devised and put forth by the King's Highness's Authority and condescended upon by the Prelates and Clergy of this his Realm in Convocation whereof part are necessary to be holden and believed for our Salvation and the other part do concern and teach certain laudable Ceremonies Rites and Usages of the Church meet and convenient to be kept and used for a decent and politick order in the same the said Dean Parsons Vicars and other Curats shall so open and declare in their said Sermons and other Collations the said Articles unto them that be under their Cure that they may plainly know and discern which of them be necessary to be believed and observed for their Salvation and which be not necessary but only do concern the decent and politick order of the said Church according to such Commandment and Admonition as hath been given unto them heretofore by Authority of the King's Highness in thaâ— behalf Moreover That they shall declare unto all such as be under their Cure the Articles likewise devised put forth and authorized of late for and concerning the abrogation of certain superfluous Holy-days according to the effect and purport of the same Articles and perswade their Parishioners to keep and observe the same inviolable as things honesty provided decreed and established by common consent and publick Authority for the Weal Commodity and Profit of all this Realm Besides this to the intent that all Superstition and Hypocrisie crept into divers Mens hearts may vanish away they shall not set forth or extol any Images Reliques or Miracles for any superstition or lucre nor allure the People by any inticements to the pilgrimages of any Saint otherwise than is permitted in the Articles lately put forth by the Authority of the King's Majesty and condescended upon by the Prelates and Clergy of this his Realm in Convocation as though it were proper or peculiar to that Saint to give this Commodity or that seeing all Goodness Health and Grace ought to be both asked and looked for only of God as of the very Author of the same and of none other for without him it cannot be given But they shall exhort as well their Parishioners as other Pilgrims that they do rather apply themselves to the keeping of God's Commandments and fulfilling of his Works of Charity perswading them that they shall please God more by the true exercising of their bodily Labour Travail or Occupation and providing for their Families than if they went about to the said Pilgrimages and that it shall profit more their Souls health if they do bestow that on the Poor and Needy which they would have bestowed upon the said Images or Reliques Also in the same their Sermons and other Collations the Parsons Vicars and other Curats aforesaid shall diligently admonish the Fathers and Mothers Masters and Governors of Youth being within their Cure to teach or cause to be taught their Children and Servants even from their Infancy their Pater Noster the Articles of our Faith and the Ten Commandments in their Mother Tongue And the same so taught shall cause the said Youth oft to repeat and understand And to the intent that this may be the more easily done the said Curats shall in their Sermons deliberately and plainly recite of the said Pater Noster the Articles of our Faith and the Ten Commandments one Clause or Article one day and an other another day till those be taught and learnt by little and shall deliver the same in writing or shew where printed Books containing the same be to be sold to them that can read or will desire the same And thereto that the said Fathers and Mothers Masters and Governors do bestow their Children and Servants even from their Childhood either to Learning or some other honest Exercise Occupation or Husbandry exhorting counselling and by all the ways and means they may as well in their said Sermons and Collations as otherwise perswading the said Fathers Mothers Masters and other Governors being under their Cure and Charge diligently to provide and foresee that the said Youth be in no manner-wise kept or brought up in idleness lest at any time afterwards they be driven for lack of some Mystery or Occupation to live by to fall to begging stealing or some other unthriftiness forasmuch as we may daily see through sloth and
the Commandment 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 lawfully kill so in the case of justice a Judge may lawfully sit on his Father But Doctor Veysey's Argument was that which took most with all that were present He said it was certain 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 vertue 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 condemned by the Church for not obeying it then the conveening 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 priviledges that concern only a Private mans Interest for the Common-Wealth of the whole Realm was chiefly to be lookt 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 Premunire facias and added somewhat about the Constitution of the Parliament which being forreign 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 Kings Council were called before the King to Baynards 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 Kings favour But this matter of Conveening 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 Therefore 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 It seems to us that Doctor Standish and others of our Spiritual Council have answered you fully in all points The Bishop of Winchester replyed Sir I warrant you Doctor Standish will not abide by his Opinion at his peril But the Doctor said what should one poor Frier doe alone against all the Bishops and Clergy of England After a short silence the Arch-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 Martyrdome in the Quarrel To whom Fineux Lord Chief Justice said That many holy Kings had mantained 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 tryed or it was only in the Temporal Court so that either Clerks must do as they please or be tryed 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 had never any Superiour but God only Therefore know you well that we will maintain the Right of our Crown and of our Temporal Iurisdiction as well in this as in all other points in as ample manner as any of our Progenitours have done before our time And as for your Decrees we are well assured that you of the Spirituality go expresly 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 Arch-Bishop of Canterbury made most humble Instance 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 Doctor Horsey the Bishop of London's Chancellour he did abscond in the Arch-Bishops 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 Kings Bench and be tryed But the Bishop of London made earnest Applications to the Cardinal that he would move the King to command the Attourney-General to confess the Inditement was not true that it might not be referred to a Jury since he said the Citizens of London did so favour Heresie that if he were as Innocent as Abel they would find any Clerk guilty The King not willing to irritate the Clergy too much and judging he had maintained his Prerogative by bringing Horsey to the Bar ordered the Attourney to do so And accordingly when Horsey was brought to the Bar and Endited of Murder he pleaded Not guilty which the Attourney 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 Doctor Standish upon the Kings Command he was also dismissed out of the Court of Convocation It does not appear that the Pope thought fit to interpose in this Matter For though upon less Provocations Popes had proceeded to the highest Censures against Princes yet this King was otherwise so necessary 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 Murder 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
Campana to England with a Letter of Credence to the Cardinal the effects of which message will appear afterwards And thus ended this year in which it was believed that if the King had employed that Money which was spent in a fruitless Negotiation at Rome on a War in Flanders it had so distracted the Emperors Forces and encouraged the Pope that he had sooner granted that which in a more fruitless way was sought of him In the beginning of the next year Cassali wrote to the Cardinal that the Pope was much inclined to unite himself with the Emperor and proposed to go in Person to Spain to solicite 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 Cassali 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 threatned the Pope severely if he would not recal the Commission that he had sent to England so that the Pope spoke oft to Salviati of the great Repentance that he had inwardly in his heart for granting the Decretal and said He was undone for ever if it came to the Emperors 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 Gregory Cassali gave Advertisement by an express Messenger who as he passed through Paris met Secretary Knight and Doctor Bennet whom the King had dispatched to Rome to assist his other Ambassadors there and gave them an account of his message and that it was the Advice of the Kings Friends at Rome That he and his Confederates should follow the War more vigorously and press the Emperor harder without which all their applications to the Pope would signifie nothing Of this they gave the Cardinal an account 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 cajoling the Kings Agents in Italy For when Sir Francis Brian and Peter Vannes came to Bononia the Proto-Notary Cassali was surprized to hear that the business 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 Sentence 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 Heresie had alread gotten would ruin the Ecclesiastical State and the Church So dextrously did the Pope govern himself between such contrary tides But all this Dissimulation was short of what he acted by Campana in England whose true errand thither was to order Campegio to destroy the Bull but he did so perswade the King and the Cardinal of the Popes 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 Kings Affairs if they had got thither before the General of the Observants then Cardinal Angell He ordered them to setle the business of the Guard about the Pope presently 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 Lions he writ to him That Campana had assured the King and him in the Popes name that the Pope was ready to do not only all that of Law Equity or Justice could be desired of him but whatever of the fulness of his Power he could do or devise for giving the King content And that although there were three things which the Pope had great reason to take care of The calling a General Council The Emperors descent into Italy and the Restitution of his Towns which were offered to be put in his hands by the Emperors means yet neither 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 Kings merits and the obligations that he had 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 Popes 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 setle 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 Cardinals of his Party might call he needed not fear that For his Towns they should be most certainly restored Nor was the Emperors offering to put them in his hand to be much regarded for though he restored them if the Pope had not a better Guaranty for them it would be easie 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 Kings 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 Occasion might require But by a Postscript he is recalled and it is signified to him that Gardiner was sent to Rome to negotiate these aâ—fairs who had returned to England with the Legate and his being so successful in his former Message made them think him the fittest Minister they could imploy in that Court and to send him with the greater Advantage he was made a Privy Councellour But an unlooked-for Accident put a stop to all Proceedings in the Court of Rome For on Epiphany-day the Pope was taken extreme ill at Mass and a great sickness followed of which it was generally believed he could not recover and though his distemper did soon abate so much that it
his Ambassadors it is plain that both the King and Queen came in Person into the Court where they both sate with their Council standing about them The Bishops of Rochester and St. Asaph and Doctor Ridley being the Queens Council 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 a stranger in his Dominions where she could neither expect good Council 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 born 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 answer but went away and would never again appear in Court She being gone the King did publickly Declare what a true and obedient Wife she had always been and 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 protested it arose meerly out of a scruple in his Conscience which was occasioned by the Discourse of the French Ambassador who during the Treaty of a Match between his Daughter and the Duke of Orleance did except to her being Legitimate as begotten in an unlawful Marriage upon which he resolved to try the lawfulness 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 Arch-Bishop of Canterbury to gather the Opinions of the Bishops who did all under their Hands and Seals Declare against the Marriage This the Arch-Bishop confirmed but the Bishop of Rochester denied his Hand was at it And the Arch-Bishop pretended 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 appear under pain of Contumacy But on the 25th was 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 Council 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 Contumax Then the Legates being to proceed ex officio drew up Twelve Articles upon which they were to examine witnesses The substance of them was That 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 vertue of a Dispensation had Married her that this Marrying his Brothers Wife was forbidden both by Humane 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 Kings Council insisted most on Prince Arthur's having Consummated the Marriage and that led them to say many things that seemed indecent of which the Bishop of Rochester complained and said they were things detestable to be heard but Cardinal Wolsey 〈◊〉 him and there passed some sharp words between them The Legates proceeded to the Examination of Witnesses of which I shall say little the substance of their Depositions being fully set down with all their names by the Lord Herbert The sum of what was most material in them was that many violent presumptions appeared by their Testimonies that Prince Arthur did carnally know the Queen And it cannot be imagined how greater proofs could be made 27 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 procure an Avocation protesting she would suffer any thing and even death it self rather than depart from her Marriage that she expected no justice from the Legates and therefore lookt for their assistance that her appeal being admitted by the Pope the Cause might be taken out of the Legates hands Campegio did also give the Pope an account of their Progress and by all means advised an Avocation for by this he thought to excuse himself to the King to oblige the Emperor much and to have the reputation of a man of 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 oft with Salviati and studied to perswade him that the Process went not on in England but he told them their Intelligence was so good that whatever they said on that head 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 terrors of that the Cardinal resolved to try what operation such threatnings in the Kings name might have But they had no Armies near the Pope so that big words did only provoke and alienate him
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 honor the King had advanced Sr. Thomas Boleyn in the right of his Mother and in the beginning of the next year he published his Book about it Richard Crook who was Tutor to the Duke of Richmond 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 Kings business How the rest managed the matter I have not yet been able to discover but from a great number of original Letters of Doctor Crooks 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 conclusions about it The matters went at Oxford thus The Bishop of Lincoln being sent thither with the Kings Letters for their Resolution it was by the Major vote of the Convocation of all the Doctors and Masters as well Regents as non-Regents committed to 33 Doctors and Batchelours of Divinity who were named by their own Facultie or to the greater number of them to determine the Questions that were sent with the Kings Letters and to set the common Seal of the University to their Conclusions and by vertue of that Warrant they did on the 8 of April put the common Seal of the University to an Instrument declaring the Marriage of the Brothers wife to be both contrary to the Laws of God and Nature The Collector of the Antiquities of 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 12 of February to the 8 of April the matter was in agitation the Masters of Arts generally opposing it though the Doctors and Heads were for the greatest part for it But after he 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 without the consent of the Masters of Arts was of it self void and of no force and as if it had been an ill thing he takes pains to purge the University of it and lays it upon the fears and corruptions of some aspiring men of the 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 Batchelors ofDivinity 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 Authority to set the University Seal to that Conclusion without a new Convocation Perhaps that Instrument was not so carefully preserved among their Records or was in Queen Maries days taken away which might occasion these mistakes in their Historian There seems to be also another mistake in the Relation he gives for he says those of Paris had determined in this matter before it was agreed to at Oxford The Printed Decision of the Sorbone contradicts this for it bears date the 2d of Iuly 1530. whereas this was done the 8th of April 1530. But what passed at Cambridge I shall set down more 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 Bonner whom they call Doctor Edmonds and several others but there was a contrary party that met together and resolved to oppose them A meeting of the Doctors Batchelors of Divinity and Masters of Arts in all about 200 was held There the Kings Letters were read and the Vice-Chancellor calling upon several of them to deliver their opinions about it they answered as their affections led them and were in some disorder But it being proposed that the answering the Kings Letter and the Questions in it should be referred to some indifferent men great exceptions were made to Doctor Salcot Doctor Reps and Crome and all others who had approved Doctor Cranmers Book as having already declared themselves partial But to that it was answered that after a thing was so much discoursed of as the Kings matter had been it could not be imagined that any number of men could be found who had not declared their judgment about it one way or another Much time was spent in the debate but when it grew late the Vice-Chancellor commanded every man to take his place and to give his voice whether they would agree to the Motion of referring it to a Select body of men but that night they would not agree to it The Congregation being Adjourned till next day the Vice-Chancellor offered a Grace or Order to refer the matter to 29 persons himself 10 Doctors and 16 Batchelors and the 2 Proctors That the Questions being publickly disputed what two parts of three agreed to should be read in a Congregation and without any further debate the Common Seal of the University should be set to it Yet it was at first denyed then being put to the vote it was carryed equally on both sides But being a third time proposed it was carryed for the Divorce Of which an account was presently sent to the King with a Schedule of their names to whom it was committed and what was to be expected from them so that it was at length determined though not without opposition That the King's Marriage was against the Law of God It is thought strange that the King who was otherwise so absolute in England should have met with more difficulty in this matter at home than he did abroad But the most reasonable account I can give of it is That at this time there were many in the Universities particularly at Cambridge who were addicted to Luthers Doctrine And of those Cranmer was lookt on as the most Learned So that Crome Shaxton Latimer and others of that Society favoured the Kings Cause besides that Anne Boleyn had in the Dutchess of Alancon's Court who inclined to the Reformation received such impressions as made them fear that her Greatness and Cranmers Preferment would encourage Heresie to which the Universities were furiously averse and therefore they did resist all Conclusions that might promote the Divorce But as for Crooke in Italy he being very Learned in the Greek Tongue was first sent to Venice to search the Greek Manuscripts that lay in the Library of
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 the Realm ordain that the free Elections Presentments 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 Provisions from Rome And if any did disturb the Incumbents by vertue of such Provisions those Provisors or others employed by them were to be put in Prison till they made Fine and Ransome to the King at his will or if they could not be apprehended writs were to be issued out to seize them and all Beneficeâ— possessed by them were to fall into the Kings hands except they were 〈◊〉 or Priories that fell to the Canons or Colledges By another Act the Provisors were put out of the Kings 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 Complaint of their Suing the Kings Subjects in other 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 Kings Courts were to be Cited to answer for it in the Kings Courts within two Months and if they came not they were to be put out of the Kings Protection and to forfeit their Lands Goods and Chattels to the King and to be imprisoned and ransomed at the Kings 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 2d the former Acts were Confirmed by another Statute and appointed to be Executed and not only the Provisors themselves but all such as took Procuratories Letters of Attourney or Farms from them were involved in the same Guilt And in the 7th year of that King Provisions was made against Aliens having Benefices without the Kings Licence and the King promised to abstain from granting them Licences for this was another Artifice of the Roman Court to get the King of their side by accepting his Licence which by this Act was restrained This failing they 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 was also forbidden under the former Pains As for the Rights of Presentations by the Law they were tryed and judged in the Kings 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 Advousons tryed in their Courts and Bishops were Excommunicated who proceeded in this matter according to the Law Of which great Complaint was made in the 16th year of the Reign of Richard the 2d And it was added 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 Inconveniences 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 Kings Crown and Regality used and approved in the time of his Progenitors Therefore all the Commons resolved to live and dye with him and his Crown and they required him by way of Iustice 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 Leageance whereupon it was ordained that if any did purchase Translations Sentences of Excommunication Bulls or other Instruments from the Court of Rome against the King or his Crown or whosoever brought them to England or did receive or execute them they were out of the Kings 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 upon a writ called from the most material words of it Premunire facies this was called the Statute of Premunire When Henry the 4th 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 having procured Bulls discharging them of paying Tithes and forbiding them to let their Farms to any but to possess them themselves This was complained of in Parliament in the 2d year of his Reign and those 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 13th year of the former Kings Reign against Provisors But all this while though they made Laws for the future yet they had not the Courage 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 prevenâ—ed the Mischief than all these Laws did without Execution In the 6th year of his Reign Complaints being made of the excessive Rates of Compositions for Arch-Bishopricks and Bishopricks in the Popes Chamber which were raised to the treble of what had been formerly payed it was Enacted That they should pay no more than had been formerly wont to be payed In the 7th year of his Reign the Statuâ—e made in the 2d year was confirmed and by another Act the Licences which the King had Granted for the Executing any of the Popes Bulls are declared of no force to prejudice any Incumbent in his Right Yet the abuses and Encroachments of the Court of Rome still encreasing all former Statutes against Provisors were Confirmed 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 Transgressions against these Statutes By those Pardon 's the Court of Rome was more encouraged than terrified by the Laws therefore there was a
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 Third of October 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 Ianuary 1427 being the 6th year of King Henry the 6th during which on the 30th of Ianuary the Arch-Bishop of Canterbury accompanyed by the Arch-Bishop of York the Bishops of London St. Davids Ely and Norwich and the Abbots of Westminster and Reading went from the House of Lords to the place where the House of Commons ordinarily sate which was the Refectory of the Abbey of Westminster where the Arch-Bishop made a long Speech in the form of a Sermon upon that Text Render to Coesar the things that are Coesars and to God the things that are Gods 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 alledged many things for the Popes Power in granting Provisions to prove it was of Divine Right and admonished and required them to give the Pope satisfaction in it otherwise he laid out to them with tears what mischiefs might follow if he proceeded to censures which will appear more fully from the Instrument that will be found in the Collection at the end But it seems the Parliament would do nothing for all this for no Act neither of Repeal nor Explanation was passed Yet it appears the Pope was satisfied with the Arch-Bishops 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 Thus stood the Law of England in that matter which was neither Repealed nor well Executed for the Popes Usurpations still encreasing 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 adhared 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 publick and allowed Error and that the King had not only connived at the Cardinals Proceedings but had made him all that while his chief Minister That therefore they were excusable 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 excuse them since they ought to have known the Law yet since the violation of it was so publick though the Court proceeded to a Sentence That they were all out of the Kings protection and were liable to the pains in the Statutes the King was willing upon a reasonable Composition and a full Submission to Pardon them So in the Convocation of Canterbury a Petition was brought in to be offered to the King In the Kings Title he was called the Protector and Supreme Head of the Church and Clergy of England To this some opposition was made and it was put off to another day but by the Interposition of Cromwell and others of the Kings Council who came to the Convocation and used arguments to perswade 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 They 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 that Clause since it left his Power still disputable therefore it was cast out and the Petition passed simply as it was first brought in Yet in that he was certainly misinformed for when the Convocation of the Province of York demurred about the same Petition and sent their reasons to the King why they could not acknowledge him Supreme Head which as appears by the Kings answer to them were chiefly founded on 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 showed them that words were not always to be understood in their strict sense but according to the common acceptation And among other things he showed 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 52 Abbots and Priors and the major part of the lower House of Convocation in the Province 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 Exceter was of the lower House of Convocation and it is not likely the King would have continued the Pensions and other Church-Preferments he had if he had refused to Signe that Petition and Submission By it they prayed the King to accept 100000 l. 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 Constitution without the Kings Licence upon which he granted them a general Pardon and the Convocation of the Province of York offering 18840 l. with another Submission of the same nature afterwards though that met with more opposition they were also Pardoned When the King 's Pardon for the Clergy was brought in to the House of Commons they were much troubled to find themselves not included within it for by the Statutes of Provisors many of them were also liable 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 themselves out of his favour which they concluded from the Pardon of the pains of Premunire to his Spiritual Subjects in which
try the outmost 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 substance of it is as follows That great Sums of Money had been conveyed out of the Kingdom under the Title of Annates or first Fruits to the Court of Rome which they extorted by restraint of Bulls and other writs that it happened often by the frequent deaths of Arch-Bishops and Bishops to turn to the utter undoing of their Friends who had advanced those Sums for them These Annates 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 therefore considering that these were first begun to be payed to defend Christendome against Infidels but were now turned to a duty claimed by that Court against all Right and Conscience and that vast Sums were carryed away upon that account which from the Second year of King Henry the 7th to that present time amounted to 800000 Ducats 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 because many of the Prelates were then very Aged and like to die in a short time whereby vast Sums of Money should be carryed out of England to the great Impoverishing of the Kingdom And therefore all payments of first Fruits to the Court of Rome were 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 Arch-Bishoprick by any two Bishops in the Kingdom whom the King should appoint for that end and that being so Consecrated they should be Invested and enjoy all the Rights of their Sees in full and ample 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 5 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 E xommunications or other Censures these notwithstanding the King should cause the Sacraments and other Rites of the Church to be administred 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 that final Confirmation mentioned in the Act before the 9th of Iuly 1533. and then by Letters Patents in which the Act is at length recited it was confirmed But now I come to open the final Conclusion of the Kings Suit at Rome On the 25th of Ianuary the Pope wrote to the King that he heard reports which 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 an high Contempt of the Apostolick See to do such a thing while his Suit was still depending notwithstanding a Prohibition to the contrary Therefore the Pope remembring 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 Brother by so high an Indignity nor to break the General peace of Christendome 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 Ianuary 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 the Contents of it are to this purpose The Pope had writ to the King in order to the clearing all his scruples and to give him quiet in his Conscience of which the King takes notice and is 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 imputes the mistakes that were in the Popes Letters which he says had things in them contrary both to Gods Law and Mans Law to the Ignorance and rashness of his Councellors for which himself was much to be blamed since he rested on their advice and that he had not carryed himself as became Christs Vicar but had dealt both unconstantly and deceitfully for when the Kings 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 recall 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 unjustice 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
with the Lutherans he did not think it was then seasonable 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 Priviledges of his Subjects That all Matrimonial Causes should be originally judged within his Kingdom 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 without the consent of the Realm submit himself to a Forreign Jurisdiction hoping the Pope would not desire any violation of the Immunities of the Realm or to bring these into publick 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 show him that there was no War nor appearance of any between England and Spain when it was granted To verifie 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 judg it within the Kingdom 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 give To the obtaining of this the Ambassador was to use all possible diligence yet if he found real intentions in the Pope to satisfie the King he was not to insist on that as the Kings final Resolution And to let the Cardinal of Ravenna see that the King intended to make good what was promised in his name the Bishoprick of Coventry and Litchfield falling vacant 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 14th of November upon his landing in England but Stow says without any ground that it was on the 25th of Ianuary Rowland Lee who afterward got the Bishoprick of Coventry and Liechfield officiate in the Marriage It was done secretly in the presence of the Duke of Norfolk and her Father her Mother and Brother and Dr. Cranmer The grounds on which the King did this were That his former Marriage being of it self null there was no need of a Declarative Sentence after so many Universities and Doctors had given their judgments against it Soon after the Marriage she was with-Child which was looked on as a signalEvidence 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 Bononia the Pope expressed great Inclinations to favour the French King from which the Emperor could not remove him nor engage him to accept of a Match for his Neece Katherine 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 several propositions to end the matter either that it should be judged in England according to the Decree of the Council of Nice and that the Arch-Bishop 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 Queen should name another the French King should name a third and the Arch-Bishop 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 Queens 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 therefore 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 Soveraign Prince and the Church of England a free Church over which the Pope had no just Authority But while this depended at Rome another Session of Parliameot was held in England which began to sit on the 4th of February In this the Breach with Rome was much forwarded by the Act they passed against all Appeals to Rome The Preamble bears that the Crown of England was Imperial and that the Nation was a compleat Body within it self with a full Power to give justice in all cases Spiritual as well as Temporal and that in the Spiritualty as there had beed at all times so there were them men of that sufficiency and integrity that they might declare and determine all doubts within the Kingdom and that several Kings as Edward the 1st Edward the 3d Richard the 2d and Henry the 4th had by several Laws preserved the Liberties of the Realm both Spiritual and Temporal from the annoyance of the See of Rome and other forreign 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 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 years Imprisonment and fine and ransom at the Kings will and if any Persons in the Kings Dominions procured or executed any Process or Censures from Rome they were declared liable to the pains in the Statute of Provisors in the 16th of Rich. the 2d 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 Arch-Bishop of the Province or the Dean of the Arches where the
over his own Clergy that he could sâ—arce have expected more if he had set up a Patriarch 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 Amicable conclusion And the Emperor was not ill-pleased to see France and England divided Therefore 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 But when the news was brought to Rome of what was done in England with which it was also related that Books were coming out against the Popes Supremacy all the Cardinals of the Imperial Faction pressed the Pope to give a definitive Sentence and to proceed 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 Arch-Bishop of Canterbury which in the Stile of the canon-Canon-Law were called the Attentates for it was pretended that the matter depending in the Court of Rome by the Queens Appeal and the other steps that had been made it was not in the Arch-Bishop's Power to proceed to any Sentence Therefore in general it was declared that all that had been attempted or done in England about the Kings 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 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 who thereupon sent Gardiner and Sir Francis Brian But at this time the Queen brought forth a Daughter who was Christened Elizabeth the renowned Queen of England the Arch-Bishop of Canterbury being her God-Father 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 justifie what he had done in his Marriage 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 King was at Marseilles in October where the Marriage was made up between the Duke of Orleance and Katharine de Medici to whom besides 100000 Crowns Portion the Principality of many Towns in Italy as Milan Reggio Pisa Legorn Parma and Piacenza and the Dutchy of Urbin 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 King was â—o clear all those Titles by his Sword As for the Kings business the Pope referred it to the Consistory But it seems there was a secret Transaction between him and Francis that if the King would in all other things return to his wonted obedience to the Apostolick See and submit the matter to the judgment of the Consistory excepting only to the Cardinals of the Imperial Faction as partial and incompetent judges the Decision should be made to his hearts content This I collect from what will afterwards appear The King upon the Sentence that was passed against him sent Bonner to Marseilles who procuring an Audience of the Pope delivered to him the Authentick Instrument of the Kings 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 belonged to him and not to the King About the same time the Arch-Bishop of Canterbury being threatned with a Process from Rome put in also his Appeal to the next general Council Upon which Bonner delivered the threatnings 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 November 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 Orleance his Marrying the Pope's Neece I shall add one observation that will neither be unpleasant nor impertinent The Duke of Orleance was then but Fourteen years and Nine Months old being born on the last of March 1518. and yet was believed to have consummated his Marriage the very first night after so the Popes Historians tell us with much Triumph though they represented that improbable if not impossible in Prince Arthur who was nine Months elder when he died Upon the French Kings return from Marseilles the Bishop of Paris was sent over to the King which as may be reasonably collected followed upon some Agreement made at Marseilles and he prevailed with the King to submit the whole matter to the Pope and 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 has observed the genius of this King can think that after he had proceeded so far he would â—aâ—e 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 Arch-Bishop of York and the Bishop of Duresmâ— to the King the 11th of May 1534. giving an account of a Conference they had with Queen Katharine in which among other motives they used this was one to perswade her to comply with what
them a few Bishops in the Northern and Western Parts When afterwards the Patriarch of Constantinople was declared by the Emperor Mauritius The Vniversal Bishop Gregory 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 Phâ—â—as And as that Boniface got the Spiritual 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 Christs 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 Latter Councils they are of less Authority For those Councils consisted of Monks and Friers in great part whose exemptions obtained from Rome obliged them to support the Authority of that Court and those who sate 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 sate there never received their Determination neither then nor at any time since Many places were also brought out of the Fathers to show 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 Popes 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. Ierome in which he equals the Bishops of Eugubium and Constantinople 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 Contests that other Sees had with Rome to show that all the Priviledges 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 priviledges Ravenna Milan and Aquileia pretended to a Patriarchal Dignity and Exemption Some Arch-Bishops 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 Constitutions which shows their Authority cannot be from God otherwise all must submit to their Laws And from the latter Contests up and down Europe about giving Investitures receiving Appeals admitting of Legates and Papal Constitutions it was apparent 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 and Henry the 2d's time and by the Statutes of Provisors in many Kings Reigns which were still renewed till within an hundred years of the present time Upon these grounds they Concluded that the Popes 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 Kings Power over Spiritual persons and in Spiritual causes they proved it from the Scriptures In the old Testament they found the Kings of Israel intermedled in all matters Ecclesiastical Samuel though he had been Judge yet acknowledged Sauls Authority So also did Abimelech the High-Priest and appeared before him when cited to answer upon an Accusation And Samuel 1 Sam. 15.18 sayes 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 1 Chron. 28.21 That the Courses of the Priests and all the people were to be wholly at his commandment pursuant to which Solomon 2 Chron. 8.14 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 Iehosophat Hezekiah and Iosias made likewise Laws about Eccledsiastical Matters In the New Testament Christ himself was obedient he payed Taxes he declared that he pretended to no earthly Kingdom he charged the people to render to Caesar the things that were Caesars and his Disciples not to affect temporal dominion as the Lords of the Nations did And though the Magistrates were then Heathens yet the Apostles wrote to the Churches to obey Magistrates to submit to them to pay Taxes they call the King Supream and say he is Gods Minister to encourage them that do well and to punish the evil doors which is said of all persons 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 show that they thought Church-men were included in these places as well as other persons so that the Tradition of the Church was for the Kings Supremacy and by one place of Scripture the King is called Supream 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 Supream Head over all persons In 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 compulsive Authority but what was derived from the Civil Sanctions After the Emperors were Christians they made many Laws about sacred things as may be seen in the Codes and when Iustinian digested the Roman Law he added many Novel Constitutions about Ecclesiastical 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 confirmed 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 dayes of Gregory the 7th for Popes to pretend to depose Princes and give away their Dominions This they compared to the pride of Anti-Christ and Lucifer They also argued from Reason that there must be but one Supream and that the King being Supream over all his Subjects Clergy-men 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 Supream 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 Church-men yet the King is still Head having Authority over them and a Power to direct and coerce them in these From that they proceeded to show that in England the Kings have allwayes assumed a Supremacy in Ecclesiastical matters They began with the most Ancient Writing that relates to the Christian Religion in England then extant Pope Elentherius Letter to King Lucius in which he is twice called by him Gods Vicar in his Kingdom and he writ in it that it belong'd 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 Church-men many more Laws since the Conquest were also made both against appeals to Rome and Bishops going out of the Kingdom without the Kings leave The whole business of the Articles of Clarendon and the Contests that followed between King Henry the 2d and Thomas Becket were also opened And though a Bishops Pastoral care be of Divine Institution yet as the Kings of England had divided Bishopricks as they pleased so they also converted Benefices from the Institution 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 Bishops visitation and this continued even till the dayes of William the Conqueror for he to perpetuate the Memory of the Victory he obtained over Harald and to endear himself to the Clergy founded an Abbey in the Field where the Battel was fought and called it Battel-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 Christs Church in Canterbury is Many other things were brought out of King Alfreds Laws and a speech of King Edgars with several Letters written to the Popes from the Kings the Parliaments and the Clergy of England to show that their Kings did always make Laws about Sacred matters and that their Power reach't to that and to the persons of Church-men as well as to their other Subjects But at the same time that they pleaded so much for the Kings Supremacy and Power of making Laws for restraining and Coercing his Subjects it appeared that they were far from vesting him with such an absolute Power as the Popes had pretended to for they thus defined the extent of the Kings Power To them specially and principally it pertaineth to defend the Faith of Christ and his Religion to conserve and maintain the true Doctrine of Christ and all such as 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 pastoral 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 Princes 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 humbleness and Reverence both Kings and Princes and Governors and all their Laws not being contrary to the Laws of God whatsoever they be and that not only propter Iram but also propter Conscientiam 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 Kings Laws with the due Caution of their not being contrary to the Law of God and acknowledged the Ecclesiastical Jurisdiction in the discharge of the Pastoral Office committed to the Pastors of the Church by Christ and his Apostles and that the Supremacy then pretended to was no such Extravagant Power as some imagine Upon the whole matter it was Concluded that the Popes Power in England had no good Foundation and had been managed with as much Tyranny as it had 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 300 years yet they got no ease and all the Laws about Provisors were still defeated and made ineffectual Therefore they saw it was impossible to moderate their proceedings so that there was no other Remedy but to extirpate their pretended Authority 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 These were the Grounds of casting off the Pope's Power that had been for two or three years studied and enquired into by all the Learned men in England and had been debated both in Convocation and Parliament and except Fisher Bishop of Rochester I do not find that any Bishop appeared for the Popes 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
Preheminence of the See of Rome flowed only from the Laws of men so there was now good cause to repeal these for the Pope as was said in the Council of Basil was only Vicar of the Church and not of Christ so he was accountable to the Church The Council of Constance and the Divines of Paris had according to the Doctrine of the Ancient Church declared the Pope to be subject to a General Council which many Popes in former Ages had confessed And all that the Pope can claim even by the canon-Canon-Law is only to call and preside in a General Council but not to overrule it or have a Negative vote in it The Power of Councils did not extend to Princes Dominions or Secular Matters but only to points of Faith which they were to declare and to Condemn Hereticks nor were their Decrees Laws till they were Enacted by Princes Upon this he enlarged much to show that though a Council did proceed against a King with which they then Threatned the King that their Sentence was of no force as being without their Sphere The determination of Councils ought to be well considered and examined by the Scriptures and in matters indifferent men ought to be left to their freedom he taxed the severity of Victors Proceedings against the Churches of the East about the day of Easter And concluded that as a Member of the Body is not cut off except a Gangrene comes in it so no part of the Church ought to be cut off but upon a great and inevitable cause And he very largely showed with what moderation and charity the Church should proceed even against those that held errors And the Standard of the Councils definitions should only be taken from the Scriptures and not from mens Traditions He said some General Councils had been rejected by others and it was a tender point how much ought to be deferred to a Council some Decrees of Councils were not at all obeyed The Divines of Paris held that a Council could not make a new Article of Faith that was not in the Scriptures And as all Gods Promises to the people of Israel had this condition implyed within them If they kept his Commandments so he thought the Promises to the Christian Church had this condition in them If they kept the Faith Therefore he had much doubting in himself as to General Councils and he thought that only the word of God was the Rule of Faith which ought to take place in all Controversies of Religion The Scriptures were called Canonical as being the only Rules of the Faith of Christians and these by appointment of the Ancient Councils were only to be read in the Churches The Fathers SS Ambrose Ierome and Austin did in many things differ from one another but always appealed to the Scriptures as the common and certain standard And he cited some remarkable passage out of St. Austin to show what difference he put between the Scriptures and all the other Writings even of the best and holiest Fathers But when all the Fathers agreed in the Exposition of any place of Scripture he acknowledged he looked on that as flowing from the Spirit of God and it was a most dangerous thing to be wise in our own Conceit Therefore he thought Councils ought to found their decisions on the word of God and those expositions of it that had been agreed on by the Doctors of the Church Then he discoursed very largely what a person a Judge ought to be he must not be Partial nor a Judge in his own Cause nor so much as sit on the Bench when it is tryed lest his presence should over-awe others Things also done upon a common error cannot bind when the error upon which they were done comes to be discovered and all human Laws ought to be changed when a publick visible inconvenience follows them From which he concluded that the Pope being a Party and having already passed his Sentence in things which ought to be examined by a General Council could not be a Judge nor sit in it Princes also who upon a common mistake thinking the Pope Head of the Church had sworn to him finding that this was done upon a false ground may pull their Neck out of his Yoke as every man may make his escape out of the hands of a Robber And the Court of Rome was so corrupt that a Pope though he mean't well as Hadrian did yet could never bring any good design to an issue the Cardinals and the rest of that Court being so engaged to maintain their Corruptions These were the Heads of that Discourse which it seems he gave them in writing after he had delivered it but he promised to entertain them with another Discourse of the Power the Bishops of the Christian Church have in their Sees and of the Power of a Christian Prince to make them do their duty but that I could never see and I am afraid it is lost All this I thought necessary to open to show the State of the Court and the Principles that the several Parties in it went upon when the Reformation was first brought under Consideration in the third Period of this Kings Reign to which I am now advanced The end of the Second Book EFFIGIES VERA REVERENDISSIMI D. THOMAE CRANMERI ARCHIEPISCOPI CANTUARIâ—NSIS HHolbein pinxit Natus 1489 Iuly 2. Consecratus 1533 Mar. 30. Martyrio Coronatus 1556 Mar. 21. 〈…〉 THE HISTORY OF THE REFORMATION OF THE Church of England BOOK III. Of the other Transactions about Religion and Reformation during the rest of the Reign of King Henry the 8th THe King having passed through the Traverses and tossings of his Sute of Divorce and having with the concurrence both of his Clergy and Parliament brought about what he had projected seem'd now at ease in his own Dominions But though matters were carryed in Publick Assemblies smoothly and successfully yet there were many secret discontents which being fomented both by the Pope and the Emperors Agents wrought him great trouble so that the rest of his life was full of vexation and disquiet All that were zealously addicted to that which they called the Old Religion did conclude that what-ever firmness the King expressed to it now was either pretended out of Policy for avoiding the Inconveniences which the fears of a Change might produce or though he really intended to perform what he professed yet the Interests in which he must embarque with the Princess of Germany against the Pope and the Emperor together with the Power that the Queen had over him and the credit Cranmer and Cromâ—ell had with him would prevail on him to change some things in Religion And they look'd on these things as so complicated together that the change of any one must needs make way for change in more since that struck at the Authority of the Church and left people at liberty to dispute the Articles of Faith This they thought was a Gate opened to Heresie
the fault was in her humor or in the Provocations she met with the Reader may conjecture The King received the news of her death with some regrett 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 for she express'd too much joy at it both in her Carriage and dress On the 4th of February the Parliament sate upon a Prorogation of 14th Months for in the Record 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 Ecclesiastical 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 suppressing the lesser Monasteries How this went thorough the two Houses we cannot know from 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 represented 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 consume 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 encreasing daily So that except small Houses were dissolved and the Religious put into greater Monasteries 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 Premisses in Parliament Whereupon it was Enacted That all Houses which might spend yearly 200 l. or within it should be suppressed and their Revenues converted to 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 tell 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 look'd on the Record For there is a particular Statute of Dissolution distinct from the 28th Chap. 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 these Houses were That whereas there was but a small number of persons in them they entred 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 themselves and their Brethren by the Fines that were raised For many Houses then rented 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 truely worth When this was passing in Parliament Stokeslâ—y Bishop of London said These lesser Houses were as Thorns soon pluck't up but the great Abbots were like putrified 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 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 Kings Revenue which was to consist of a Chancellor a Treasurer an Attourney and Sollicitor and ten Auditors 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 Kings Service Thus â—ell the lesser Abbeys to the number of 376 and soon after this Parliament which had done the King such eminent Service and had now sate six years was dissolved on the 14th of April In the Convocation a motion was made of great consequence That there should be a Translation of the Bible in English to be set up in all the Churches of England The Clergy when they procured Tindalls 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 Wickliffs Translation and then Tindalls 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 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 Scriptures and sent the people to them And by what St. 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 Bible was Translated into their Tongue The Latine Translation was very Ancient the Bible was afterwards put into the Scythian Dalmatian and Gothick Tongues It continued thus for
Wives gained most on his esteem and affection But she was happy in one thing that she did not out-live 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 There was nothing now that kept the Emperor and the King at a distance but the Illegitimation of the Lady Mary and if that matter had been adjusted the King was in no more hazard of trouble from him Therefore it was proposed that she might be again restored to the Kings favour She found this was the 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 presence 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 embroyled her self again with her Father 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 incestuous and unlawful and to renounce the Popes Authority and to accept him as Supream Head of the Church of England These things were of hard digestion with her and she could not easily swallow them so she wrote to Cromwell to befriend her at the Kings hands Upon which many Letters passed between them He wrote to her that it was impossible to recover her Fathers 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 certain points and Articles under written in the which as I do now plainly and with all mine heart confess and declare mine inward Sentence Belief and 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 alteration or variance I do most humbly beseech the Kings Highness my Father whom I have obstinately 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 knowledg the Kings Majesty to be my Soveraign Lord and King in the Imperial Crown of this Realm of England and do submit my self 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 qualities that God hath endued me with during my Life Item I do recognize accept take repute and knowledg the Kings Highness to be Supream Head in Earth under Christ of the Church of England and do utterly refuse the Bishop of Romes pretended Authority Power and Jurisdiction within this Realm heretofore usurped according to the Laws and Statutes made in that behalf and of all the Kings 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 any wise hereafter by any manner of title colour mean or case that is shall or can be devised for that purpose Mary Item I do freely frankly and for the Discharge of my duty towards God the Kings Highness and his Laws without other respect recognize and knowledg that the Marriage heretofore had between his Majesty and my Mother the late Princess Dowager was by Gods Law and Mans Law incestuous and unlawful Mary Upon this she was again received into favour One circumstance I shall add that shows the frugality of that time In the Establishment that was made for her Family there was only 40 l. a quarter assigned for her privy purse I have seen a Letter of hers to Cromwell at the Christsmas quarter desiring him to let the King know that she must be at some Extraordinary expence that season that so he might encrease her allowance since the 40 l. would not defray the Charge of that quarter For the Lady Elizabeth though the King devested her of the Title of Princess of Wales yet he continued still to breed her up in the Court with all the care and 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 Mother 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 hers 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 Blossome of so great a Princess when she was not full Four years of Age She being born in September 1533. and this writ in Iuly 1537. Although your Highness Letters be most joyful to me in absence yet considering what pain it is to you to write your Grace being so great with Child and so sickly your Commendation were enough in my Lords Letter I much rejoyce at your health with the well liking of the Countrey with my humble thanks that your Grace wished me with you till I were weary of that Countrey Your Highness were like to be combered 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 pleasant I cannot reprove my Lord for not doing your Commendations in his Letter for he did it and although he had not yet I will not complain on him for that he shall be diligent to give me knowledg from time to time how his busie 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 Iuly Your Humble Daughter Elizabeth But to proceed to more serious matters A Parliament was Summoned to meet the 8th of Iune
jests about Confession praying to Saints Holy Water and the other Ceremonies of the Church were complained of And the last Articles contained sharp reflexions on some of the Bishops as if they had been wanting in their Duty to suppress such things This was clearly levelled at Cranmer Latimer and Shaxton who were noted as the great Promoters 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 advantages against them and to lay the growth of these opinions to their charge But this whole Project failed and Cranmer had as much of the Kings favour as ever for in stead of that which they had projected Cromwell by the Kings order coming to the Convocation Declared to them that it was the Kings 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 acknowledged to contain the Laws of Religion that recourse should rather be had to Glosses or the Decrees of Popes than to these There was at that time one Alexander Alesse a Scotch-man 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 about the Sacraments He enlarged himself much to Convince them that only Baptism and the Lords Supper were Instituted by Christ. Stokesley Bishop of London answered him in a long Discourse in which he shewed he was better acquainted with the Learning of the Schools and the Canon-Law than with the Gospel He was Seconded by the Arch-Bishop 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 vigorously 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 Scriptures 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 governed 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 Arch-Bishops heading two Parties Cranmer was for a Reformation and with him joyned Thomas Goodrich Bishop of Ely Shaxton of Sarum Latimer of Worcester Fox of Hereford Hilsey of Rochester and Barlow of St. Davids But Lee Arch-Bishop of York was a known favourer of the Popes Interests which as it first appeared in his scrupling so much with the whole Convocation of York the acknowledging the King to be Supreme 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 Kings favour So he and Stokesley Bishop of London Tonstâ—ll of Duresm 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 Gardiner dissembled it most artificially Sherburn Bishop of Chichester upon what inducement I cannot understand resigned his Bishoprick which was given to Richard Sampson Dean of the Chappel a Pension of 400 l. 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 Premunire The King considering his great Age had upon his humble submission discharged him out of Prison and pardon'd him But he died the former year though Fuller in his slight way makes him fit in this Convocation For by the 17th Act of the last Parliament it appears that the Bishoprick of Norwich being vacant the King had recommended William Abbot of St. Bennets to it but took into his own hands all the Lands and Manours of the Bishoprick and gave the Bishop several of the Priories in Norfolk in exchange which was confirmed 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 the people to believe the whole Bible and the three Creeds that made by the Apostles the Nicene and the Athanasian and interpret all things according to them and in the very same words and condemn all Heresies contrary to them particularly those condemned by the first four general Councils Secondly Of Baptism the people must be instructed 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 became 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 joyn Repentance and Contrition for their sins with a firm Belief of the Articles of the Faith Thirdly Concerning Penance they were to instruct the people that it was instituted by Christ and was absolutely necessary to Salvation That it consisted of Contrition Confession and Amendment of Life with exterior works of Charity which were the worthy Fruits of Pennance 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 joyned 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 worthiness of any merit or work done by him but for the only Merits of the Blood and Passion of our Saviour Jesus Christ. That this Faith is got and confirmed by the Applicatition of the Promises of the Gospel 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 Gods Grace to the penitent Therefore the people were to be taught That the Absolution is spoken by an Authority
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 their 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 23 of May in this Session of Parliament a Bill was brought in by Cromwel for giving the 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 Gods word might be better set forth Children brought up in Learning Clarks nourished in the Universities and that old decayed Servants might have Livings poor people might have Alms-Houses to maintain them Readers of Greek Hebrew and Latine might have good Stipend daily Alms might be Ministred and Allowance might be made for mending of the high-ways and Exhibition for Ministers of the Church for these ends if the King thought fit to have more Bishopricks or Cathedral Churches erected out of the Reat 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 adde 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 shows his extraordinary application and understanding of business But in the same Paper there is a List of the 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 Cranmers 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 Abbies out of which they were to be Erected follow as it is in the Paper under the Kings own hand Essex Waltham Hartford St. Albans Bedfordshire and Buckinghamshire Dunstable Newenham Clowstown Oxford and Berkshire Osnay and Tame Northampton and Huntington Peterborough Middlesex Westminster Leicester and Rutland Leicester Glocestershire St. Peters Lancashire Fountaines and the Arch-deaconry of Richmond Suffolk Edmonds-bury Stafford and Salop. Shrewsbury Nottingham and Derby Welbeck Werksop Thurgarton Cornwall Lanceston Bedmynne Wardreth Over these is written The Bishopricks to be made In another corner of the Page he writes as follows Christ's Church in Canterbury St. Swithins Ely Duresm Rochester with a part of Leeds Worcester and all others having the same Then a little below Places to be altered into Colledges and Schools Burton super Trent More is not written in that Paper But I wonder 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 Hamond 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 Endowing and founding of it afterwards Bristow 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 the obedience due to the Kings Proclamations There had been great exceptions made to the Legality of the Kings 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 Kings 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 Kings 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 Kings Subjects should suffer in their Estates Liberties or Persons by vertue of it Nor that by any of the Kings 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 disobeyed 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 Counsellours of the Kings Successor if he were under age to set forth Proclamations in his name which were to be obeyed in the same manner with these 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 Non-age of Edward the 6th 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 Vice-gerent 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 profession especially when it is an animadversion on one of the greatest men that any age has produced the most Learned Mr. Selden He in his Titles of Honour sayes That this Statute was never printed in the Statute-Book and but incorrectly by another and that therefore he infers it Literally as is in the Record In which there are two mistakes For it is Printed in the Statute-Book that was set down in that Kings Reign though left out in some latter Statute-Books
Father were committed to the Tower That which was most insisted on was their giving the Arms of Edward the Confessor which were only to be given by the Kings of England This the Earl of Surrey justified and said they gave their Arms according to the opinion of the Kings Heraulds 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 The Earl of Surrey being but a Commoner was brought to his Tryal at Guildhall and put upon an Inquest of Commoners consisting of nine Knights and three Esquires by whom he was found guilty of Treason and had Sentence of death passed upon him which was executed on the 19th of Ianuary at Tower-Hill It was generally condemned as an Act of high injustice and severity which loaded the Seimours with a popular Odium that they could never overcome He was much pitied being a man of great parts and high courage with many other Noble Qualities But the King who never hated nor ruined any body by halves resolved to compleat the misfortunes of that Family by the Attaindor of the Father And as all his Eminent Services were now forgotten so the Submissions he made could not allay a displeasure that was only to be satisfied with his Life and Fortune He wrote to the King Protesting his Innocency That he had never a thought to his prejudice and could not imagine what could be laid to his Charge He had spent his whole Life in his Service and did not know that ever he had offended any person or that any were displeased with him except for prosecuting the breakers of the Act about the Sacrament of the Altar But in that and in every thing else as he had been always obedient to the Kings Laws so he was resolved still to obey any Laws he should make He desired he might be examined with his Accusers face to face before the King or at least before his Council and if it did not appear that he was wrongfully accused let him be punished as he deserved In Conclusion he begged the King would have pity on him and restore him to his favour taking all his Lands or Goods from him or as much of them as he pleased Yet all this had no effect on the King So he was desired to make a more formal Submission which he did on the 12th of Ianuary under his hand ten Privy Councellors being Witnesses In it he confessed First his discovering the Secrets of the Kings Council Secondly his concealing his Sons Treason in using to give the Arms of St. Edward the Confessor which did only belong to the King and to which his Son had no Right Thirdly That he had ever since his Fathers death born in the first quarter of his Arms the Arms of England with a difference of the Labells of Silver that are the proper Arms of the Prince which was done in prejudice of the King and the Prince and gave occasion for disturbing or interrupting the Succession to the Crown of the Realm This he acknowledged was high Treason he confessed he deserved to be attainted of high Treason and humbly begged the Kings Mercy and Compassion He yielded to all this hoping by such a Submission and Compliance to have overcome the Kings displeasure but his Expectations failed him A Parliament was called the reason whereof was pretended to be the Coronation of the Prince of Wales But it was thought the true cause of calling it was to Attaint the Duke of Norfolk for which they had not colour enough to do it in a Tryal by his Peers Therefore an Attaindor by Act of Parliament was thought the better way So it was moved that the King intending to Crown his Son Prince of Wales desired they would go on with all possible haste in the Attaindor of the Duke of Norfolk that so these Places which he held by Patent might be disposed of by the King to such as he thought fit who should Assist at the Coronation And upon this slight pretence since a better could not be found The Bill of Attaindor was read the first time on the 18th of Ianuary And on the 19th and 20th it was read the second and third time And so passed in the House of Lords and was sent down to the Commons Who on the 24th sent it up also passed On the 27th the Lords were ordered to be in their Robes That the Royal assent might be given to it which the Lord Chancellor with some others joyned in Commission did give by vertue of the Kings Letters Patents And it had been executed the next Morning if the Kings death had not prevented it Upon what grounds this Attaindor was founded I can only give this Account from the 34th Act of the first Parliament of Queen Mary in which this Act is declared null and void by the Common Law of the Land for I cannot find the Act it self upon Record In the Act of Repeal it is said That there was no special matter in the Act of Attaindor but only general words of Treasons and Conspiracies and that out of their care of the preservation of the King and the Prince they passed it But the Act of Repeal says also That the only thing with which he was charged was For bearing of Arms which he and his Ancestors had born both within and without the Kingdom both in the Kings presence and in the sight of his Progenitors which they might Lawfully bear and give as by good and substantial matter of Record it did appear It is also added That the King dyed after the date of the Commission That the King only empowered them to give his Assent but did not give it himself And that it did not appear by any Record that they gave it That the King did not Sign the Commission with his own hand his Stamp being only set to it and that not to the upper but the nether part of it contrary to the Kings custom All these particulars though cleared afterwards I mention now because they give light to this matter As soon as the Act was passed a Warrant was sent to the Lieutenant of the Tower to cut off his head the next Morning but the King dying in the night the Lieutenant could do nothing on that Warrant And it seems it was not thought advisable to begin the new Kings Reign with such an Odious Execution And thus the Duke of Norfolk escaped very narrowly Both Parties descanted on this differently The Conscientious Papists said it was Gods just Judgment on him who had in all things followed the Kings pleasure oftentimes against his own Conscience That he should smart under that Power which himself had helped so considerably to make it be raised so high The Protestants could not but observe an hand of God in measuring out such a hard measure to him that was so heavy on all those poor people that were
upon their Mothers Title which might have been a dangerous competition to him that was so little beloved by his Subjects 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 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 〈◊〉 and this made Cardinal Wolsey more acceptable to him who was 〈◊〉 conversant in that sort of Learning He loved the purity of the 〈◊〉 tongue which made him be so kind to Erasmus that was the great Resâ—â—â—er of it and to Polidore Virgil though neither of these made their Court dextrously with the Cardinal which did much intercept the Kingâ— favour to them so that the one left England and the other was but coâ—rsly 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 Musician as appears by two whole Masses which he composed 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 flattering Epistles that it very much lessens him to see how he delighted in such stuffe 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 Courtiers his Chaplains Forreigners and Natives all seemed to vie who should exceed most and came to speak to him in a Stile which was scarce fit to be used to any Creature But he designed to entail these praises on his Memory cherishing Church-men more than any King in England had ever done he also Courted the Pope with a constant submission and upon all occasions made the Popes Interests his own and made War and Peace as they desired him So that had he dyed any time before the 19th year of his Reign he could scarce have scaped being Canonized notwithstanding all his faults for he abounded in those vertues which had given Saintship to Kings for near 1000 years together and had done more than they all did by writing a Book for the Roman Faith England had for above 300 years been the tamest part of Christendome to the Papal Authority 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 Kings days the Crown was not quite stript 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 Staffe 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 Temporalties of the Bishoprick and then the King recommended 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 Spiritualties of the See but was to appear before the King either in Person or by Proxie 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 thereupon the Temporalties should be restored Of 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 of it the Reader will find in the Collection the fullest Record which I met with concerning it in Henry the 7th his 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 Dovotion 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 Chancellour it was thought a great errour in Government to lodge such a trust with him which might have past 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 several Licenses granted to sue Bulls in that Court bearing for their Preamble the Statute of the 16 of Richard the Second against the Popes pretended Power in England 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 Bishops Prisoners Whereupon there rose a great dispute in the beginning of this Kings 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 did a little lessen the Priviledges of the Clergy enacting that Clerks convicted should be burnt in the hand But this not proving a sufficient restraint it was Enacted in Parliament in the Fourth year of this King that all Murderers and Robbers should be denyed the benefit of their Clergy But though this seemed a very Just Law yet to make it pass through the House of Lords they added two Proviso's 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 Proviso's it was unanimously assented to by the Lords on the 26 Ian. 1513. and being agreed to by the Commons the Royal Assent made it a Law Pursuant to which many Murderers and Felons were denyed 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 Inferiour 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 5th year of the King so they not satisfied with that resolved to fix a censure 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 Parliament in the 7 year of this King's Reign in a Sermon at Pauls 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 incur'd 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 Kings Temporal Council Doctor Standish Guardian of the Mendicant Friers in London afterwards Bishop of Saint Asaph the chief of the Kings Spiritual Council argued That by the Law Clerks had been still convened and judged in the Kings Court for Civil Crimes and that there was nothing either in the Laws of God or the Church inconsistent with it and that the publick 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 punished But the Abbot of Winchelcomb being Counsel for the Clergy excepted to this and said There was a Decree made by the Church expresly 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 it self 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 tryed for Crimes in the Civil Courts To this the Abbot made no answer but brought a place of Scripture to prove this Exemption to have come from our Saviours words Nolite tangere Christos meos Touch not mine Anointed and therefore Princes ordering Clerks to be arrested and brought before their Courts was contrary to Scripture against which no custome can take place Standish replyed these words were never said by our Saviour but were put by David in his Psalter 1000 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 opinion 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 to order the Abbot to renounce his former opinion and recant his Sermon at Pauls Cross. But they flatly refused to do it and said they were bound by the Laws of the Holy Church to maintain the Abbots 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 Journal of the Lords House and no wonder the Clerk of the Parliament Doctor Tylor Doctor of the canon-Canon-Law being at the same time Speaker of the Lower House of Convocation The Entrie is in these words In this Parliament and Convocation there were most dangerous contentions between the Clergy and the Secular Power about the Ecclesiastical liberties one Standish a Minor Frier being the Instrument and Promoter of all that mischief But a passage â—ell out that made this matter be more fully prosecuted in the Michaelmas-Term One Richard Hunne a Merchant-Taylor in London was questioned by a Clerk in Middlesex for a Mortuary pretended to be due for a Child of his that died 5 weeks old The Clerk claiming the beering sheet and Hunne refusing to give it upon that he was sued but his Counsel advised him to sue the Clerk in a Premunire for bringing the Kings Subjects before a forreign Court the Spiritual Court sitting by Authority from the Legate This touched the Clergy so in the quick that they used all the Arts they could to fasten Heresie on him and understanding that he had Wickliff's Bible upon that he was attached of Heresie and put in the Lollards Tower at Pauls and examined upon some Articles objected to him by Fitz-Iames then Bishop of London He denied them as they were chargeâ— against him but acknowledged he had said some words sounding that way for which he was sorry and asked Gods mercy and submitted himself to the Bishops Correction upon which he ought to have been enjoyned Penance and set at Liberty but he persisting still in his Sute in the Kings Courts they used him most cruelly On the Fourth of December he was found hanged in the Chamber where he was kept Prisoner And Doctor Horsey Chancellour to the â—iâ—hop of London with the other Officers who had the Charge of the Prison gave it out that he had hang'd 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 whereupon 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 Bishops Sumner and the Bell-ringer guilty of it and by the deposition of the Sumner himself it did appear that the Chancellour and he and the Bell-ringer did Murder 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 Heresie and several Articles were gathered out of Wickliff's Preface 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 Heretick 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 sate with the Bishop of London so that it was lookt on as an Act of the whole Clergy and done by common consent On the 20th of December his body was burnt at Smithfield But this produced an effect very different from what was expected for it was hoped that he being found an Heretick no body should appear for him any more whereas on the contrary it occasioned a great out-cry 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 lookt on it as a Cause of common concern All exclaimed against the Cruelty of their Clergy that for a mans suing a Clerke 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 handled was thought such a complication of Cruelties as few Barbarians had ever been guilty of The Bishop finding that the Inquest went on and the whole matter was discovered used all possible endeavours to stop their proceedings and they were often brought before the Kings Council where it was pretended that all proceeded from Malice and Heresie 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 Hunne's Children which was passed and had the Royal assent to it but another Bill being brought in about this Murther 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 Hereticks so that the Bill which was sent up by the Commons was but once read in the House of Lords for the power of the Clergy was great there But the Trial went on and both the Bishops Chancellour and the Summer were endicted 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 Doctor Standish to an Account for what he had said and argued in that 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 following they being put in writing the Bill was delivered 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 tryed before them went and claimed the Kings Protection from this trouble that he was now brought in for discharging his duty as the Kings 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 Kings Counsel but for some Lectures he read at St Pauls and elswhere contrary to the Law of God and Liberties of the holy Church which they were bound to maintain and desired the Kings 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 to the King to maintain the Temporal Jurisdiction according to 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 Doctor Veysey then Dean of his Chappel 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 Allegiance he did think that the convening of Clerks before the secular Judg which had been always practised 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 Temporal and some of both Houses to meet at Black-Friers and to hear the matter argued The Bill against Doctor 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 of the Decretum so much as a man could hold in his fist and no more did oblige Christians To these Doctor Standish answered that for those things exprest 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 justifie 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 Commandment Honour thy Father So Church-men being Spiritual Fathers they could not be judged by the Laity who were their Children To which he answered that as that only concluded in favour of Priests those in Inferiour 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 Proceedings in the Kings 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 peoples minds and to have disposed them much to the Changes that followed afterwards How these things were entred in the Books of Convocation cannot be now known For among the other sad losses sustained in the late burning of London this was one that almost all the Registers of the Spiritual Courts were burnt some few of the Arch-Bishops of Canterbury and Bishops of London's Registers being only preserved But having compared Fox his 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 This was the only thing in the first 18 years of the Kings Reign that seemed to lessen the Greatness of the Clergy but in all other matters he was a most faithful Son of the See of Rome Pope Iulius soon after his coming to the Crown sent him a Golden Rose with a Letter to Arch-Bishop Warham to deliver it and 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 Gratitude there was a Treaty concluded the year following 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 translated to Milan and then to Lions that summoned the Pope to appear before them and suspended his Authority Pope Iulius called another Council to be held in the Lateran the King sent the Bishops of Worcester and Rochester the Prior of St. Iohns and the Abbot of Winchelcomb to sit in that Council in which there was such a Representative of the Catholick Church as had been for several of the latter Ages in the Western Church in which a few Bishops packt out of several Kingdoms and many Italian Bishops with a vast number of Abbots Priors and other Inferiour Digniâ—â—ed Clergy-men were brought to Confirm together whatever the Popes had a mind to Enact which passing easily among them was sent over the world with a stamp of Sacred Authority as the Decrees and Decisions of the Holy Universal Church assembled in a General Council Nor was there a worse understanding between this King and Pope Leo the 10 th that succeeded Iulius who did also complement him with those Papal Presents of Roses and at his desire made Wolsey a Cardinal and above all other things obliged him by conferring on him the Title of Defender of the Faith upon the presenting to the Pope his Book against Luther in a pompous Letter Signed by the Pope and 27 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 easie a thing it was for Popes to oblige Princes in those days when a Title or a Rose was thought a sufficient Recompence for the greatest Services The Cardinal Governing all Temporal Affairs as he did it is not to be doubted but his Authority was absolute in Ecclesiastical Matters which seemed 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 upon himself chiefly by a Bull which he obtained from Rome giving him Authority to visit all Monasteries and all the Clergy of England and to dispence with all the Laws of the Church for one whole year after the date of the Bull. The power that was lodged in him by this Bull was not more invidious than the 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 are said in it to have been delivered over to a Reprobate mind This as it was a publick Deâ—aming 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 He did also affect a Magnificence and Greatness not only in his Habit being the first Clergy-man in 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 judg themselves so nearly related to God that those humble acts of Adoration which are Devotions 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 Scandal 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 Maxime of the Canonists he judged Cardinals as Princes of the Church were not comprehended within ordinary Ecclesiastical Laws yet he seemed to have designed the Reformation of the Inferiour Clergy by all the means he could think of except the giving them a good Example Therefore he intended to visit all the Monasteries of England that so discovering their corruptions he might the better justifie the design he had to suppress most of them and convert them into Bishopricks Cathedrals Collegiate Churches and Colledges 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 Popes Authority 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 communicated his design to the King and his Secretary Cromwell understanding it was thereby instructed how to proceed afterwards when they went about the total suppression of the Monasteries The Summoning of Convocations he assumed by vertue of his Legantine Power Of these there were two sorts the first were called by the King for with the Writs for a Parliament there went out always a Summons to the Two Arch-Bishops for calling a Convocation of
and lawful as it had been many Ages before to change Secular Prebends into Canons Regular the endowed Goods being still applied to a Religious use And it was thought hard to say That if the Pope had the absolute Power of dispensing 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 considered at Rome as a Pope of another world that whatever he desired he easily obtained Therefore on the 3 d. of April 1524. Pope Clement by a Bull gave him Authority to suppress the Monastery of St. Frediswood in Oxford and in the Diocess of Lincoln and to carry the Monks elsewhere with a very full non obstante To this the King gave his assent the 19 th of April following After this there followed many other Bulls for other Religious Houses and Rectories 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 18 th year and that at Ipswich in the 20 th year of the Kings Reign as appears by the Dates of the Kings Patents for Founding them In the last Place I come to shew the new opinions in Religion or those that were accounted new then in England and the State and Progress of them till the 19th year of the Kings Reign From the days of Wickliffe there were many that disliked most of the received Doctrines in several parts of the Nation The Clergy were at that time very hateful 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 encouraged 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 opinions 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 dyed in peace though his body was afterwards burnt He translated the Bible out of Latine into English with a long Preface before it in which he reflected severely on the corruptions of the Clergy and condemned the Worshipping of Saints and Images and denyed the corporal Presence of Christs 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 illiterate and ignorant men some few Clerks joyned 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 publick 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 In the Primitive Church though in their Councils they were not backward to pass Anathematisms on every thing that they judged Heresie yet all Capital proceedings against Hereticks 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 Hereticks for the fining and banishing of them and secluded them from the Priviledges 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 particularly in Africk doubted much whether upon the Insolencies of Hereticks or Schismaticks they might desire the Emperor to execute those Laws for Fining Banishing 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 inferiour penalties but still condemned the taking away of their lives And even in the Execution of the Imperial Laws in those inferiour punishments they were always interposing to moderate the severity of the Prefects and Governours The first Instance of severity on mens bodies that was not censured by the Church was in the Fifth Century under Iustine the first who Ordered the tongue of Severus who had been Patriarch of Antioch but did daily Anathematise the Council of Chalcedon to be cut out In the Eighth Century Iustinian the 2d called Rhinotmetus from his cropt nose burnt all the Manichees in Armenia And in the end of the Eleventh Century the Bogomili were condemned to be burnt by the Patriarch and Council of Constantinople But in the end of the 12 and in the beginning of the 13th 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 publick Worship separated from their Assemblies and then Dominick and his brethren-Preachers who came among them to convince them finding their Preaching did not prevail betook themselves to that way that was sure to silence them They perswaded the Civil Magistrates to burn all such as were judged Obstinate Hereticks That they might do this by a Law the Fourth Council of Lateran did Decree that all Hereticks should be delivered to the Secular Power to be extirpated they thought not fit to speak out but by the Practise 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 Inquisitors Hangmen they were to deny it at their utmost Perils For not only the Ecclesiastical Censures but Anathema's 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 Heretick 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 faithful 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
Sea But this Writ was not necessary by the Law and therefore it seems these Writs were not Enrolled For in the whole Reign of King Henry the 8 th 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 certifie into the Chancery the Conviction of an Heretick 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 4 th But in the beginning of his Sons Reign there was a Conspiracy as was pretended by Sir Iohn Oldcastle and some others against the King and the Clergy upon which many were put in Prison and 29 were both attainted of Treason and condemned of Heresie so they were both Hanged and Burnt But as a Writer that lived in the following Age says Certain affirmed that these were but feigned causes surmised of the Spiritualty more of displeasure than truth That Conspiracy whether real or pretended produced a severe Act against those Hereticks who were then best known by the name of Lollards By which Act all Officers of State Judges Justices of the Peace Majors Sheriffs and Bayliffs were to be Sworn when they took their Imployments 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 suspition of Heresie 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 Heresie so that the Clergy had much matter to work upon yet when Offenders against them in other things could not be charged with any formal Heresie then by consequences they studied to fasten it on them but were sometimes over-ruled by the Judges Thus when one Keyser who was Excommunicated by Thomas Bourchier Arch-Bishop of Canterbury at the Suit of another said openly that That Sentence was not to be feared for though the Arch-Bishop or his Commissary had Excommunicated him yet he was not Excommunicated before God he was upon this Committed by the Arch-Bishop's Warrant as one justly suspected of Heresie 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 London 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 4 th and that his Opinion was an Heresie against the Determination of the Catholick Faith the Court of the Common-Pleas judged That the words were not within the Statute and that his Opinion was an Error but no Heresie So that the Judges looking on themselves as the Interpreters of the Law thought That even in the case of Heresie they had Authority to declare what was Heresie 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 Hereticks in the beginning of this Reign On the 2 d. of May in the year 1611. Six Men and Four Women most of them being of Tenterden appeared before Arch-Bishop Warham in his Mannor of Knall and abjured the following Errors 1 st That in the Sacrament of the Altar is not the Body of Christ but Material Bread 2 dly That the Sacraments of Baptism and Confirmation are not necessary nor profitable for mens Souls 3 dly That Confession of Sins ought not to be made to a Priest 4 thly That there is no more Power given by God to a Priest than to a Layman 5 thly That the Solemnization of Matrimony is not profitable nor necessary for the well of mans Soul 6 thly That the Sacrament of Extreme Unction is not profitable nor necessary for mans Soul 7 thly That Pilgrimages to holy and devout Places be not profitable neither Meritorious for mans Soul 8 thly That Images of Saints be not to be worshipped 9 thly That a man should pray to no Saint but only to God 10 thly 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 Conventicles or were Fautors or Comforters of them that published such Doctrins Two other men of Tenterden did that day in the Afternoon abjure most of these Opinions The Court sate again the 5 th of May and the Arch-Bishop enjoyned them Penance to wear the Badg of a Fagot in Flames on their Cloaths during their lives or till they were dispensed with for it and that in the 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 publick Confession that they deserved Burning That same day another of Tenterdon abjured the same Doctrines On the 15 th of May the Court sate at Lambeth where 4 Men and one Woman abjured On the 19 th Four Men more abjured On the 3 d. of Iune a Man and a Woman abjured Another Woman the 26 th of Iuly Another Man the 29 th of Iuly Two Women on the 2 d. of August A Man on the 3 d. and a Woman on the 8 th of August Three Men on the 16 th of August And three Men and a Woman on the 3 d. of Sept. 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 1 st That the Images of the Crucifix of our Lady and other Saints ought not to be worshipped because they were made with mens hands and were but Stocks and Stones 2 dly That Money and Labour spent in Pilgrimages was all in vain All these Persons
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 Petition his Holiness for his Dispensation therefore the Pope out of his care to maintain peace among all Catholick 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 already Married he Confirming it required their Confessor to enjoyn them some healthful penance for their having Married before the Dispensation was obtained It was not much to be wondred at that the Pope did readily grant this for though very many both Cardinals and Divines did then oppose it yet the Interest of the Papacy which was preferred to all other Considerations required it For as that Pope being a great Enemy to Lewis the 12th the French King would have done any thing to make an Alliance against him firmer so he was a War-like Pope who considered Religion very little and therefore might be easily perswaded 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 Direction of an over-ruling 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 contrary 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 by his Fathers command laid on him in the presence of many of the Nobility and others made a Protestation in the hands of Fox Bishop of Winchester before a publick Notary and read it himself by which he Declared That whereas he being under Age was Married to the Princess Katharine yet now coming to be of Age he did not confirm that Marriage but retracted and Annulled it and would not proceed in it but intended in full form of Law to void it and break it off which he declared he did freely and of his own accord Thus it stood during his Fathers life who continued to the last to be against it and when he was 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 of York and Lancaster had given a fresh and sad Demonstration The King being dead one of the first things that came under Consultation was that the young King must either break his Marriage totally or conclude it Arguments were brought on both hands but those for it prevailed most with the King So six weeks after he came to the Crown he was Married again publickly and soon after they were both Crowned On the first day of the year she made him a very acceptable new-years gift of a Son but he dyed in the Februâ—ry thereafter She miscarried often and an other Son dyed soon after he was born only the Lady Mary lived to a perfect Age. In this state was the Kings Family when the Queen leâ—t bearing more Children and contracted some diseases that made her person unacceptable to him but was as to her other Qualities a vertuous 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 Princess of Wales and sent her to Ludlow to hold her Court there and projected divers Matches for her The first was with the Dolphin which was agreed to between the King of France and him the 9th of Novemb. 1518. as appears by the Treaty yet extant But this was broken afterwards upon the Kings Confederating with the Emperor against France and a new Match agreed and sworn to between the Emperor and the King at Windsor the 22 of Iune 1522. the Emperor being present in person This being afterwards neglected and broken by the Emperor by the advice of his Cortes and States as was formerly related there followed some Overtures of a Marriage with Scotland But those also vanished and there was a second Treaty begun with France the King offering his Daughter to Francis himself which he gladly accepting a Match was Treated and on the last of April it was agreed that the Lady Mary should be given in Marriage either to Francis himself or to his second Son the Duke of Orleance and that Alternative was to be determined by the two Kings at an Enterview that was to be between them soon after at Calais with forfeitures on both sides if the Match went not on But while this was in agitation the Bishop of Tarbe the French Ambassador made a a great demur about the Princess Mary's being illegitimate as begotten in a Marriage that was contracted against a Divine precept with which no humane Authority could Dispense 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 publickly that so the King might have a better Colour to justifie 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 neverâ—heless made Exceptions and proceeded but coldly in it it was very reasonable to expect that after the Kings 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 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 Orleance 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 Orleance by his Brothers Death should become King of France as it afterwards fell out or if the King of France had been once possessed of England then according to the maxime 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
particular 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 Emperour had then shewed himself so â—avourable to it that he broke the Match to which he had bound himself with the Princess Therefore the King had reason to think that this at least would mitigate his opposition The Emperour 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 one of their hands Therefore the King did not doubt 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 Popes favour who either calculating what was to be expected from that Court on the account of their own Interest or upon some promises made him had undertaken to the King to bring that matter about to his hearts content It is certain that the Cardinal had carried over with him out of the Kings Treasure 240000 l. to be employed about the Popes 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 adventured to do that without some good warrant But now that the Suit was to be moved in the Court of Rome they were to devise such Arguments as were like to be well heard there It would have been unacceptable to have insisted on the nullity of the Bull on this account because the matter of it was unlawful and fell not within the Popes Power For Popes like others Princes do not love to hear the extent of their Prerogative disputed or defined And to condemn the Bull of a former Pope as unlawful was a dangerous Precedent at a time when the Popes 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-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 followed upon it must needs be annulled When the Canonists examined the Bull they found much matter to proceed upon It is a Maxime in Law that if the Pope be surprized in any thing and Bulls be procured upon false suggestions and untrue premises they may be annulled aâ—terwards Upon â—hich foundation most of all the Processes against Popes Bulls were grounded Now they found by the preamble of this Bull that it was said The King had desired that he might be dispensed 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 politick account Then it being also in the Bull that the Popes 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 believe That this Match was necessary for averting some great mischief And it was known that there was no danger â—t 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 Married his Queen so the Marriage could not be valid by vertue 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 Protestation after he was of Age so that a subsequent Marriage founded upon the Bull must needs be void These were the grounds upon which the Canonists advised the Process at Rome to be carried on But first to amuse or over-reach the Spaniard the King sent word to his Ambassadour in Spain to silence the 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 charmes 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 as this distance it is not easie to deâ—ermine But before I say more of it she being so considerable a Person in the â—ollowing Relation 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 disturbance he sent her Husband Sir Thomas Boleyn to be Ambassadour in France And that after Two years absence his Wife being with Child he came over and sued a Divorce against her in the Arch-Bishop of Canterburies Court but the King sent the Marques of Dorchester to let him know that she was with Child by him and that therefore the King desired he would pass the matter over and be reconciled to his Wiâ—e to which he consented And so Anne Boleyn though she went under the name of his Daughter yet was of the King 's bâ—getting As he describes her she was ill-shaped and ugly had Six Fingers a Gag-tooth and a Tumor under her Chin with many other unseemly things in her Person At the 15 th year of her Age he says both her Father's Butler and Chaplain lay with her Afterwaâ—ds she was sent to France where she was at first kept privatly in the house of a Person of Quality then she went to the French Court where she led such a dissolute life that
some days publick Dispute on the 1st of Iuly determined to the same purpose about which Crooks Letter will be found among the Instruments at the end of this Book At Ferrara the Divines did also confirm the same conclusion and sâ—t 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 72 of that proâ—ession it was determined for the King but they asked 150 Crowns foâ— setting the Seal to it and Crook would not give more than an 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 Crook sent over by Stokesley an hundred several Books Papers and Subscriptions and there were many hands subscribed to many of those Papers But it seems Crook died before he could receive a reward of this great Service he did the King for I do not find him mentioned after this 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 Kings proceedings in it since it is so confidently 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 procured The University of Orleance determined it on the 7th of April The faculty of the canon-Canon-Law at Paris did also conclude that the Pope had no Power to dispence in that Case on the 25th of May. But the great and celebrated faculty of the Sorbon whose Conclusions had been lookt on for some Ages as little inferiour 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 H. Ghost and every one took an Oath to study the Question and resolve it according to his Conscience and from the 8th of Iune to the 2d of Iuly 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 Englands Marriage was unlawful and that the Pope had no Power to dispence in it and they set their common Seal to it at St. Mathurin's the 2d of Iuly 1530. To the same purpose did both the Faculties of Law Civil and Canon at Angiers Determine the 7th of May. On the 10th of Iune the Faculty of Divinity at Bourges made the same Determination And on the 1st of October the whole University of Tholose did all with one consent give their judgment agreeing with the former Conclusions More of the Decisions of Universities were not Printed though many more were obtained to the same effect In Germany Spain and Flanders the Emperors Authority was so great that much could not be expected except from the Lutherans with whom Cranmer conversed and chiefly with Osiander whose Neece he then Married Osiander upon that wrote a Book about Incestuous Marriages which was published but was called in by a Prohibition Printed at Ausburg because it Determined in the Kings cause and on his side But now I find the King did likewise deal among those in Switzerland that had set up the Reformation The Duke of Suffolk did most set him on to this so one who was imployed in that time writes for he often asked him how he could so humble himself as to submit his Cause to such a vile vitious stranger Priest as Campegio was To which the King answered 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 further 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 Forreign 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 live uneasily in his own Country But Simon Grineus was sent for whom the King esteemed much for his Learning The King informed him about his Process and sent him back to Basil to try what his Friends in Germany and Switzerland thought of it He wrote about it to Bucer Oecolampadius Zuinglius and Paulus Phrygion Oecolampadius as it appears by three Letters one dated the 10th of August 1531. another the last of the same Month another to Bucer the 10th of September was positively of Opinion That the Law in Leviticus did bind all mankind and says That Law of a Brothers Marrying his Sister-in-Law was a Dispensation given by God to his own Law which belonged only to the Jews and therefore he thought that the King might without any scruple put away 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 Dispensation 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 Bucers Letters remaining on this Head but by the answers that Grineus wrote to him one on the 29th of August another of the 10th of September I gather his Opinion and the reasons for it But they all agreed That the Popes Dispensation was of no force to alter the nature of the thing Paulus Phrygion was of Opinion That the Laws in Leviticus did bind all Nations because it is said in the Text That the Canaanites were punished for doing contrary to them which did not consist with the Iustice of God if those Prohibitions had not been parts of the Law of Nature Dated Basil the 10th of September In Grineus's Letter to Bucer he tells him that the King had said to him That now for seven years he had perpetual trouble upon him about this Marriage Zuinglius Letter is very full First he largely proves that neither the Pope nor any other Power could dispence 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 opinion that though the Marriage was ill made yet it ought not to be dissolved and inclined rather to advise that the King should take
St. Austin who do plainly deliver the Tradition of the Church about the obligation of those Laws and answer the objections that were made either from Abraam's Marrying his Sister or from Iacob's Marrying two Sisters or the Law in Deuteronomy for the Brothers Marrying his Brothers Wife if he died without Children They observed that the same Doctrine was also taught by the Fathers and Doctors in the latter Ages d Anselm held it and pleads much for Marrying in remote Degrees and answer the Objection from the Decision in the Case of the Daughters of Zelophehad Hugo Cardinalis Radulphus Flaviacenfis and Rupertus Tuitiensis do agree that these Precepts are Moral and of perpetual obligation as also Hugo de Sto. Victore Hildebert Bishop of Mans being consulted in a Case of the same nature with what is now controverted plainly Determines That a man may not Marry his Brothers Wife and by many Authorities shewes That by no means it can be allowed And Ivo Carnotensis being desired to give his Opinion in a Case of the same circumstanceâ— of a Kings Marrying his Brothers Wife says Such a Marriage is null as inconsistent with the Law of God and that the King was not to be admitted to the Communion of the Church till he put away his Wife since there was no Dispencing 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 From these Doctors and Fathers the Inquiry descended to the Schoolmen who had with more niceness and subtlety examined things They do all agree in asserting the obligation of these Levitical Prohibitions Thomas Aquinas does it in many places and confirmes it with many Arguments Altisiodorensis says they are Moral Laws and part of the Law of Nature Petrus de Palude is of the â—ame mind and says that a mans Marrying his Brothers Wife was a Dispensation granted by God but could not be now allowed because it was contrary to the Law of Nature St. Antonine of Florence Ioannes de Turre Cremata Ioannes de Tabia Iacobus de Lausania and Astexanus were also cited for the same Opinion And those who wrote against Wickliffe namely Wydeford Cotton and Waldensis charged him with Heresie for denying that those Prohibitions did oblige Christians And asserted that they were Moral Laws which obliged all Mankind And the Books of Waldensis were approved by P. Martin the First There were also many Quotations brought out of Petrus de Tarantasia 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 Degrees are null and void All the Canonists were also of the same mind Ioannes Andreas Ioannes de Imola Abbas Panormitanus Mattheus Neru Vincentius Innocentius and Ostiensis all Concluded that these Laws were still in force and could not be Dispenced with There was also a great deal alledged to prove that a Marriage is compleated by the Marriage-Contract though it be never Consummated Many Authorities were brought to prove that Adonijah could not Marry Abishag because she was his Fathers 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 Ioseph 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 was afterwards called her Husband and Christs 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 Essence could only consist in the Contract and therefore as a man in Orders has the Character though he never Consecrated any Sacrament So Marriage is compleat though its effect never follow 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 compleat 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 different Opinions of the Canonists concerning Consummation to what Degree it must go to shew that it could not be essential to the Marriage Conâ—ract which in modesty were suppressed Both Hildebert of Mans Ivo Carnotensis and Hugo de Sto. Victore had delivered this Opinion and proved it out of St. Chrysostome Ambrose Austin and Isidore Pope Nicolas and the Council of Tribur defined that Marriage was compleated 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 sufficient in the Opinion of the Canonists to prove Consummation Formal proofs could not be expected and for Persons that were of Age and in good health to be in Bed together was in all Trials about Consummation all that the Cononists sought for And yet this was not all in this Case for it appeared that upon her Husbands 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 Arthur and though the Queen offered to purge her self by Oath that Prince Arthur never knew her it was proved by many Authorities out of the canon-Canon-Law That a Partie's Oath ought not to be taken when there were violent presumptions to the contrary As for the validity of the Popes Dispensation it was said That though the Schoolmen and Canonists did generally raise the Popes Power very high and stretch it as far as it was possible yet they all agreed that it could not reach the Kings Case Upon this received Maxime That only the Laws of the Church are subject to the Pope and may be dispenced with by him but that Laws of God are above him and that he cannot dispence with them in any case This Aquinas delivers in many places of his Works Petrus de Palude says The Pope cannot dispence with Marriage in these Degrees because it is against Nature But Ioannes 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 Wives Sister The matter was long considered of and debated in the Rota himself being there and bearing a share in the Debate but it was concluded That if any Pope either out of Ignorance or being Corrupted had ever granted such a Dispensation that could be no president or warrant for doing the like any more since the Church ought to be governed by Laws and not by such Examples Antonin and Ioannes de Tabia held the same And one Bacon an English-man who had taught the contrary was censured for it even at Rome and he did retract his Opinion and acknowledged that the Pope could not dispence with the Degrees of Marriage forbidden by the Law of God The Canonists agree also to this both Ioannes Andreas Ioannes de Imola and Abbas Panormitanus assert it saying That the Precepts in Leviticus oblige for ever and therefore cannot be dispenced with And Panormitan says These things are to be observed in Practice because great Princes do often desire Dispensations from Popes Pope Alexander the 3d. 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 and he was to repent of his unlawful Oath And for the Power of dispencing 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 dispenced 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 latter Writers And also the Popes Zosimus Damasus 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 Christs Vicar cannot be supposed to have so great a Power as to abrogate the Law of God and though it is acknowledged 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 Superiour to the Popes 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 See of Canterbury having Excommunicated King Edbald for an Incestuous Marriage would not Absolve him till he put away his Wife though the Pope plied him earnestly both by Intreaties and Threatnings to let it alone and Absolve him Dunstan did the like to Count Edwin for an other Incestuous Marriage nor did all the Popes Interposition make him give over They found many other such instances which occurred in the Ecclesiastical History of Bishops proceeding by Censures and other Methods to stop the course of Sin notwithstanding any encouragement the Parties had from Popes And it is certain that every man when he finds himself engaged in any course which is clearly sinful ought presently to forsake it according to the opinion of all Divines And therefore the King upon these Evidences of the unlawfulness of his Marriage ought to abstain from the Queen and the Arch-Bishop of Canterbury with the other Bishops ought to require him to do it otherwise they must proceed to Church Censures Many things were also brought from reason or at least the Maximes of the School Philosophy which passed for true reason in those days to prove Marriage in the degrees forbidden by Moses to be contrary to the Law of Nature and much was alledged out of Profane Authors to show what an abhorrency some Heathen Nations had of Incestuous Marriages And whereas the chief strength of the Arguments for the contrary opinion rested in this That these Laws of Moses were not confirmed by Christ or his Apostles in the New Testament To that they answered That if the Laws about Marriage were Moral as had been proved then there was no need of a particular Confirmation since those Words of our Saviour I came not to destroy the Law but to fulfil it do confirm the whole Moral Law Christ had also expresly asserted the Relation of Affinity saying That man and wife are one Flesh. St. Paul also condemned a Match as Incestuous for Affinity But though it were not expresly set down in the Gospel yet the Traditions of the Church are received with equal Authority to written Verities This the Court of Rome and all the Learned Writers for the Catholick Faith lay down as a Fundamental Truth And without it how could the Seven Sacraments some of which are not mentioned in the New Testament with many other Articles of Catholick Belief be maintained against the Hereticks The Tradition of the Church being so full and formal in this particular must take place And if any Corruptions have been brought in by some Popes within an Age or two which have never had any other Authority from the Decrees of the Church or the Opinions of Learned men they are not to be maintained in opposition to the Evidence that is brought on the other side This I have summed up in as short and Comprehensive words as I could Being the Substance of what I gathered out of the Printed Books and Manuscripts for the Kings cause But the Fidelity of an Historian leads me next to open the arguments that were brought against it by those who wrote on the other side for the Queens cause to prove the validity of the Marriage and the Popes Power of Dispensing with a Marriage in that degree of Affinity I could never by all the search I have made see either MSS. or Printed Books that defended their Cause except Cajetans and Victorias Books that are Printed in their works But from an answer that was written to the Bishop of Rochesters Book and from some other writings on the other side I gather the Substance of their arguments to have been what follows Cardinal Cajetan had by many arguments endeavored to prove that the Prohibitions in Leviticus were not parts of the Moral Law They were not observed before the Law no not by the holy seed Adams Children Married one another Abraham Married his Sister Iacob Married two Sisters Iudah gave his two Sons to Tamar and promised to give her the third for her Husband By the Law of Moses a Dispensation was granted in one case for Marrying the Brothers wife which shows the Law was not Moral otherwise it could not be dispenced with and if Moses dispensed with it why might not the Pope as well do it nor was there any force in the
places cited from the New Testament As for that of Herod both Iosephus and Eusebius witness that his Brother Philip was alive when he took his wife and so his sin was Adultery and not Incest We must also think that the Incestous Person in Corinth took his Fathers Wife when he was yet living otherwise if he had been dead St. Paul could not say it was a Fornication not named among the Gentiles for we not only find both among the Persians and other Nations the Marriage of Step-Mothers allowed but even among the Iews Adonijah desired Abisha in Marriage who had been his Fathers Concubine From all which they concluded that the Laws about the Degrees of Marriage were only Judiciary Precepts and so there was no other obligation on Christians to obey them than what flowed from the Laws of the Church with which the Pope might dispense They also said that the Law in Leviticus of not taking the Brothers wife must be understood of not taking her while he was alive for after he was dead by another Law a man might marry his Brothers wife They also pleaded that the Popes Power of Dispensing did reach further than the Laws of the Church even to the Law of God for he daily Dispensed with the Breaking of Oaths and Vows though that was expresly contrary to the Second Commandment and though the Fifth Command Thou shalt do no Murther be against Killing yet the Pope Dispensed with the putting Thieves to death and in some cases where the reason of the Commandment does not at all times hold he is the only judge according to Summa Angelica They Concluded the Popes Power of Dispensing was as necessary as his Power of Expounding the Scriptures and since there was a Question made concerning the obligation of these Levitical Prohibitions whether they were Moral and did oblige Christians or not the Pope must be the only Judge There were also some late Presidents found one of P. Martin who in the case of a mans having Marryed his own Sister who had lived long with her upon a Consultation with Divines and Lawyers Confirmed it to prevent the Scandal which the dissolving of it would have given Upon which St. Antonin of Florence says that since the thing was dispensed with it was to be refered to the judgment of God and not to be condemned The Pope had granted this Dispensation upon a very weighty Consideration to keep peace between two great Crowns it had now stood above Twenty years it would therefore raise an high scandal to bring it under debate besides that it would do much hurt and bring the Titles to most Crowns into Controversie But they Concluded that whatever Informalities or Nullities were pretended to be in the Bulls or Breves the Pope was the only competent judge of it and that it was too high a presumption for inferior Prelates to take upon them to examine or discuss it But to these Arguments it was Answered by the writers for the Kings cause that it was strange to see men who pretended to be such Enemies to all Heretical Novelties yet be guilty of that which Catholick Doctors hold to be the foundation of all Heresie which was the setting up of private senses of Scripture and Reasonings from them against the Doctrine and Tradition of the Church It was fully made out that the Fathers and Doctors of the Church did universally agree in this that the Levitical Prohibitions of the Degrees of Marriage are Moral and do oblige all Christians Against this Authority Cajetan was the first that presumed to write opposing his private conceits to the Tradition of the Church which is the same thing for which Luther and his followers are so severely Condemned May it not then be justly said of such men that they plead much for Tradition when it makes for them but reject it when it is against them Therefore all these exceptions are overthrown with this one Maxime of Catholick Doctrine That they are Novelties against the constant Tradition of the Christian Church in all Ages But if the force of them be also examined they will be found as weak as they are New That before the Law these degrees were not observed proves only that they are not evidently contrary to the Common sense of all men But as there are some Moral Precepts which have that natural evidence in them that all men must discern it so there are others that are drawn from publick inconvenience and dishonesty which are also parts of the Law of nature These Prohibitions are not of the first but of the second sort since the Immorality of them appears in this that the Familiarities and freedoms among near Relations are such that if an horror were not struck in men at conjunctures in these degrees Families would be much defiled This is the Foundation of the Prohibitions of Marriages in these degrees Therefore it is not strange if men did not apprehend it before God made a Law concerning it Therefore all examples before the Law show only the thing is not so evident as to be easily collected by the light of Nature And for the story of Iudah and Tamar there is so much wickedness in all the parts of it that it will be very hard to make a President out of any part of it As for the Provision about Marrying the Brothers wiâ—e that only proves the ground of the Law is not of its own Nature Immutable but may be Dispensed with by God in some cases And all these Moral Laws that are founded on publick conveniency and honesty are Dispensable by God in some cases but because Moses did it by Divine Revelation it does not follow that the Pope can do it by his Ordinary Authority For that about Herod it is not clear from Iosephus that Philip was alive when Herod Marryed his Wife For all that Iosephus says is that she separated from her Husband when he was yet alive and divorced her self from him But he does not say that he lived still after she Marryed his Brother And by the Law of Divorce Marriage was at an end and broken by it as much as if the Party had been dead So that in that case she might have Marryed any other Therefore Herods sin in taking her was from the Relation of having been his Brothers Wife And for the Incestuous person in Corinth it is as certain that though some few Instances of a King of Syria and some others may be brought of Sons Marrying their Step-Mothers yet these things were generally ill looked on even where they were practised by some Princes who made their Pleasure their Law Nor could the Laws of Leviticus be understood of not Marrying the Brothers wife when he was alive for it was not Lawful to take any mans Wife from him living Therefore that cannot be the meaning And all those Prohibitions of Marriage in other degrees excluding those Marriages simply whether during the life or after the death of
the Father Son Uncle and other such Relations there is no ground to disjoynt this so much from the rest as to make it only extend to a Marriage before the Husbands death And for any Presidents that were brought they were all in the latter Ages and were never Confirmed by any publick Authority Nor must the Practices of later Popes be laid in the Ballance against the Decisions of former Popes and the Doctrine of the whole Church and as to the Power that was ascribed to the Pope that began now to be enquired into with great Freedom as shall appear afterwards These Reasons on both sides being thus opened the Censures of them it is like will be as different now as they were then for they prevailed very little on the Queen who still persisted to justifie her Marriage and to stand to her Appeal And though the King carryed it very kindly to her in all outward appearance and employed every body that had credit with her to bring her to submit to him and to pass from her Appeal remitting the Decision of the matter to any Four Prelates and Four Secular men in England she was still unmovable and would hearken to no Proposition In the judgments that people passed the Sexes were divided the Men generally approved the Kings cause and the Women favoured the Queen But now the Session of Parliament came on the Sixteenth of Ianuary and there the King first brought in to the House of Lords the Determination of the Universities and the Books that were written for his cause by Forreigners After they were read and Considered there the Lord Chancellor did on the 20th of March with Twelve Lords both of the Spiritualty and Temporalty goe down to the House of Commons and shewed them what the Universities and Learned men beyond Sea had written for the Divorce and produced Twelve Original Papers with the Seals of the Universities to them which Sr. Brian Tuke took out of his hand and read openly in the House Translating the Latine into English Then about an Hundred Books written by Forreign Divines for the Divorce were also showed them none of which were read but put off to another time it being late When that was done the Lord Chancellor desired they would report in their Countries what they had heard and seen and then all men should clearly perceive that the King hath not attempted this matter of Will and Pleasure as strangers say but only for the Discharge of his Conscience and the Security of the Succession to the Crown Having said that he left the House The matter was also brought before the Convocation and they having weighed all that was said on both sides seemed satisfied that the Marriage was unlawful and that the Bull was of no force more not being required at that time But it is not strange that this matter went so easily in the Convocation when another of far greater consequence passed there which will require a â—ull and 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 sutes 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 Kings Bench against all the Clergy of England for breaking the Statutes against Provisions or Provisors But to open this more clearly It is to be Considered that the Kings of England having claimed in all Ages a Power in Ecclesiastical Matters equal to what the Roman Emperors had in that Empire they exercised this Authority both over the Clergy and Laity and did at first erect Bishopricks grant Investitures in them call Synods 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 afterward 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 ambitious 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 Compositions for them Annates or first Fruits and Tenths were the standing Taxes of the Clergy besides many 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 From the days of Edward the 1st many Statutes were made to restrain the Exactions of Rome For then the Popes not satisfied with their other oppressions 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 Forreigners Cardinals and others that did not live in England Upon which the Commonalty of the Realm did represent to the King in Parliament That the Bishopricks Abbeys and other Benefices were founded by the Kings and people of England To inform the people of the Law of God 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 manner 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 encreased their Power or their Profits Therefore by another Act in his Grand-Child Edward the 3ds time the Commons complained that these abuses did abound and that the Pope did daily reserve to his 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
necessity of making another Law in the Reign of Henry 5th against Provisors that the Incumbents Lawfully Invested in their Livings should not be molested by them though they had the Kings Pardon and both Bulls and Licences 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 Fiâ—th the Popedome was broken by a long and great Schism and the Kinâ—doms of Europe were divided in their Obedience Some holding 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 theirs 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 Predecessors and sent over threatning messages to England in the beginning of Henry the Sixths Reign None of our Books have taken any notice of this piece of our History The Manuscript out of which I draw it had been written near that time and contains many of the Letters that passed between Rome and England upon this occasion The first Letter is to Henry Chichely then Arch-Bishop of Canterbury who had been promoted to that See by the Pope but had made no opposition to the 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 Arch-Bishoprick 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 Christendome the Pope durst not offend him So the Law took place without any further contradiction till the Sixth year of his Sons Reign that England was both under an Infant King and had fallen from its former greatness Therefore the Pope who waited for a good conjuncture laid hold on this and first expostulated severely with the Arch-Bishop for his remisness that he had not stood up more for the Right of St. Peter and the See of Rome that had bestowed on him the Primaâ—y of England 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 unlawfulness of that Statute and that all were under Excommunication 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 1426. and will be found in the Collection of Papers But it seems the Pope was not satisfied with his Answer for the next Letter in that MSS. 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 Arch-Bishops from the Popes Sentence to the next general Council or if none met to the Tribunal of God and Jesus Christ. There is also another Letter dated the 6th of May directed to the Arch-Bishop and makes mention of Letters written to the whole Clergie to the same purpose Requiring him to use all his Endeavors for repealing the Statute and chides him severely because he had said that the Popes zeal in this matter was only that he might raise much Money out of England which he resents as an 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 Catholick Church has always acknowledged If this does not look like Teaching ex Cathedra it is left to the Readers Judgment But the next Letter is of an higher strain It is directed to the two Arch-Bishops only and it seems in despite to Chichely the Arch-Bishop of York is named before Canterbury By it the Pope annuls the Statutes made by Edward the Third and Richard the Second and commands them to do no Act in pursuance of them and declares if they or any other gave obedience 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 Decemb. the tenth year of his Popedom Then follow Letters from the University of Oxford the Arch-Bishop of York the Bishops of London Duresm and Lincoln to the Pope all to mitigate his displeasure against the Arch-Bishop of Canterbury in which they gave him the highest testimony possible bearing date the 10th and the 25th day of Iuly These the Arch-Bishop sent by an Express to Rome and wrote the humblest submission 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 Sentence 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 commanded by the King to bring them with the Seals entire and lay them up in the Paper-Office till the Parliament was brought together There are two other Letters to the King and one to the Parliament for the Repeal of the Statute In those 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 Parliament But he excepts to that as a delaying the business and shews it is of it self 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 date the 13th of October in the 10th year of his Popedom In his Letter to the Parliament he tells them that no Man can be saved who is for the observation of that Statute
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 Parliament about the Kings Marriage did clearly appear but in the Convocation the business was more fully debated The Convocation of the Province of Canterbury was at this time destitute of its Head and principal Member For Warham Arch-Bishop of Canterbury was dead since August last year He was a great Canonist an able States-man a dextrous Courtier 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 more generous way of Knowledge yet he was a severe persecutor of them whom he thought Hereticks and enclined to believe idle and Fanatical people as will afterwards appear when the Impostures of the Maid of Kent shall be related The King saw well of how great importance it was to the designes he was then forming to fill that See with a Learned Prudent and resolute man but finding none in the Episcopal Order that was qualified to his mind and having observed a native simplicity joyned 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 adresses from Cranmer designed to raise him to that Dignity and gave him notice of it that he might make hast and come home to enjoy that reward which the King had appointed 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 Kings 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 aspiring 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 Intreaties to be delivered from a Burden which his Humility made him imagine himself unable to bear could divert the King So that though six moneths elapsed before the thing was settled yet the King persisted in his Opinion and the other was forced to yield In the end of Ianuary the King sent to the Pope for the Bulls for Cranmers 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 be easily imagined that the Pope was not hearty in this Promotion and that he apprehended ill consequences 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 Germany Yet on the other hand he had no mind to precipitate a Rupture with England therefore he consented to it and the Bulls were expedited though instead of Annates there was onely 900 Ducats paid for them They were the last Bulls that were received in England in this Kings Reign and therefore I shall give an account of them as they are set down in the beginning of Cranmers Register By one Bull he is upon the Kings 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 acknowledge him as Archbishop All these bear Date the 21th of February 1533. By a ninth Bull dated the 22th of February he was ordained to be consecrated taking the Oath that was in the Pontifical By a tenth Bull dated the second 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 Apostolick Chamber for now that about which S. 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 Thomas Cranmer was on the 13th of March consecrated by the Bishops of Lincoln Exeter and S. Asaph But here a great Scruple was moved by him concerning the Oath that he was to swear to the Pope which he had no mind to take and Writers near that time say the dislike of that Oath was one of the motives that made him so unwillingly accept of that Dignity He declared that he thought there were many things 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 Cranmers 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 Countrey and that he renounced every thing in it that was contrary to any of these This Protestation he made in S. Stephens 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 As soon as he was consecrated and had performed every thing that was necessary for his Investiture he came and sate in the 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 Brothers Wife he being dead without 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
vehemency nor could they silence him till the King himself commanded him to hold his peace And yet all that was done either to him or Peto was that being called before the Privie Council they were rebuked for their insolence by which it appears that King Henry was not very easily inflamed against them when a crime of so high a Nature was so slightly passed over Nor was this all but the Fathers that were in the Conspiracy had confederated to publish these Revelations in their Sermons up and down the Kingdom They had also given Notice of them to the Popes Ambassadors and had brought the Maid to declare her Revelations to them they had also sent an account to Queen Katharine for encouraging her to stand out and not submit to the Laws of which Confederacy Thomas Abel was likewise one The thing that was in so many hands could not be a secret therefore the King who had despised it long ordered that in Nouember the former year the Maid and her Complices Richard Master Doctor Bocking Richard Deering Henry Gold a Parson in London Hugh Rich an observant Frier Richard Risby Thomas Gold and Edward Twaites Gentlemen and Thomas Laurence should be brought into the Star-Chamber where there was a great appearance of many Lords they were examined upon the premises and did all without any rack or torture confess the whole Conspiracy and were adjudged to stand in Pauls all the Sermon time and after Sermon the Kings Officers were to give every one of them his Bill of Confession to be openly read before the people which was done next Sunday the Bishop of Bangor preaching they being all set in a Scaffold before him This publick manner was thought upon good grounds to be the best way to satisfie the people of the Imposture of the whole matter and it did very much convince them that the cause must needs be bad where such methods were used to support it From thence they were carryed to the Tower where they lay till the Session of Parliament but when they lay there some of their Complices sent messages to the Nun to encourage her to deny all that she had said and it is very probable that the reports that went abroad of her being forced or cheated into a Confession made the King think it necessary to proceed more severely against her The thing being considered in Parliament it was judged a Conspiracy against the Kings Life and Crown So the Nun and Master Bocking Deering Rich Risby and Henry Gold were Attainted of high Treason And the Bishop of Rochester Thomas Gold Thomas Laurence Edward Twaites Iohn Adeson and Thomas Abell were judged guilty of misprision of Treason and to forfeit their goods and Chattels to the King and to be imprisoned during his pleasure and all the Books that were written of her Revelations were ordered to be sent in to some of the chief Officers of State under the pains of Fine and Imprisonment It had been also found that the Letter which she pretended to have got from Mary Magdalen e was written by one Hankherst of Canterbury and that the door of the Dormitorie which was given out to be made open by miracle that she might go into the Chappel for Converse with God was opened by some of her Complices for beastly and carnal ends But in the Conclusion of the Act all others who had been corrupted in their Allegiance by these impostures except the persons before named were at the earnest intercession of Queen Anne pardoned The two Houses of Parliament having ended their business were prorogued on the 29th of March to the 3d of November and before they broke up all the Members of both Houses that they might give a good example to the Kings other Subjects swore the Oath of Succession as appears from the Act made about it in the next Session of Parliament The Execution of these persons was delayed for some time it is like till the King had a return from Rome of the Messenger he had sent thither with his Submission Soon after that on the 20 of April the Nun and Bocking Master Deering Risby and Gold Rich is not named being perhaps either dead or pardoned were brought to Tiburn The Nun spake these words Hither I am come to die and I have not been only the cause of mine own death which most justly I have deserved but also I am the cause of the death of all those persons which at this time here suffer And yet to say the truth I am not so much to be blamed considering that it was well known to these learned men that I was a poor wench without Learning and therefore they might easily have perceived that the things that were done by me could not proceed in no such sort but their capacities and Learning could right well judge from whence they proceeded and that they were altogether feigned but because the thing which I feigned was profitable to them therefore they much praised me and bore me in hand that it was the Holy-Ghost and not I that did them and then I being pussed up with their praises fell into a certain pride and foolish fantasie with my self and thought I might feign what I would which thing hath brought me to this case and for the which now I cry God and the Kings Highness most heartily Mercy and desire you all good people to pray to God to have mercy on me and on all them that here suffer with me On all this I have dwelt the longer both because these are all called Martyrs by Sanders and that this did first provoke the King against the Regular Clergy and drew after it all the severities that were done in the rest of his Reign The foulness and the wicked designs of this Imposture did much alienate people from the Interest of Rome and made the other Acts both pass more easily and be better received by the people It was also generally believed that what was now discovered was no new practice but that many of the Visions and Miracles by which Religious Orders had raised their Credit so high were of the same Nature and it made way for the destroying of all the Monasteries in England though all the severity which at this time followed on it was that the Observant Friers of Richmont Greenwich Canterbury Newark and Newcastle were removed out of their Houses and put with the other Gray-Friers and Augustin-Friers were put in their Houses But because of the great name of Fisher Bishop of Rochester and since this was the first step to his ruin it is necessary to give a fuller account of his carriage in this matter When the cheat was first discovered Cromwell then Secretary of State sent the Bishops Brother to him with a sharp reproof for his carriage in that business but withal advised him to write to the King and acknowledge his offence and desire his pardon which he knew the King considering his Age and sickness
the Pope had any other Jurisdiction in England than any other forreign Bishop it was referred to Thirty Doctors and Batchelors who were impowered to set the University-Seal to their Conclusion they all agreed in the Negative and the whole University being examined about it man by man assented to their determination All the difficulty that I find made was at Richmond by the Franciscan Friers where the Bishop of Coventry and Lichfield Rowland Lee and Thomas Bedyl tendred some Conclusions to them among which this was one That the Pope if Rome has no greater jurisdiction in this Kingdom of England by the Law of God than any other Forreign Bishop This they told them was already subscribed by the two Arch-Bishops the Bishops of London Winchester Duresm Bath and all the other Prelates and Heads of Houses and all the famous Clerks of the Realm And therefore they desired that the Friers would refer the matter to the Four Seniors of the House and acquiesce in what they should do But the Friers said it concerned their Consciences and therefore they would not submit it to a small part of their House they added that they had sworn to follow the Rule of St. Francis and in that they would live and dy and cited a Chapter of their Rule That their Order should have a Cardinal for their Protector by whose directions they might be governed in their obedience to the Holy See But to this the Bishop answered That St. Francis lived in Italy where the Monks and other Regulars that had Exemptions were subject to the Pope as they were in England to the Arch-Bishop of Canterbury And for the Chapter which they cited it was showed them that it was not written by St. Francis but made since his time and though it were truly a part of his Rule it was told them that no particular Rule ought to be preferred to the Laws of the Land to which all Subjects were bound to give Obedience and could not be excused from it by any voluntary Obligation under which they brought themselves Yet all this could not prevail on them but they said to the Bishop they had professed St. Francis's Rule and would still continue in the Observance of it But though I do not find such resistance made elsewhere yet it appears that some secret practises of many of those Orders against the State were discovered therefore it was resolved that some effectual means must be taken for lessening their credit and Authority with the people and so a general Visitation of all Monasteries and other Religious Houses was resolved on This was chiefly advised by Doctor Leighton who had been in the Cardinals service with Cromwell and was then taken notice of by him as a dextrous and diligent man and therefore was now made use of on this Occasion He by a Letter to Cromwell advertised him that upon a long Conference with the Dean of the Arches he found the Dean was of Opinion that it was not fit to make any Visitation in the Kings name yet for Two or Three years till his Supremacy were better received and that he apprehended a severe Visitation so early would make the Clergy more averse to the Kings Power But Leighton on the other hand thought nothing would so much recommend the Supremacy as to see such good effects of it as might follow upon a strict and exact Visitation And the Abuses of Religious persons were now so great and visible even to the Laity That the Correcting and Reforming these would be a very popular thing He writ further That there had been no Visitation in the Northern parts since the Cardinal Ordered it Therefore he advised one and desired to be employed in York-shire And by another Letter dated the 4th of Iune he wrote to Cromwell desiring that Doctor Lee and he might be imployed in Visiting all the Monasteries from the Diocess of Lincoln Northwards which they could Manage better than any body else having great kindred and a large acquaintance in those parts so that they would be able to discover all the disorders or seditious practises in these Houses He complained that former Visitations had been slight and insignificant and promised great faithfulness and diligence both from himself and Doctor Lee. The Arch-Bishop of Canterbury was now making his Metropolitical Visitation having obtained the Kings Licence for it which says That he having desired that according to the Custom and the Prerogative of his Metropolitical See he might make his Visitation The King granted him Licence to do it and required all to assist and obey him dated the 28th of April Things were not yet ripe for doing great matters so that which he now look'd to was to see that all should submit to the Kings Supremacy and renounce any dependance on the Pope whose name was to be struck out of all the Publick Offices of the Church This was begun in May 1535. Stokesly Bishop of London submitted not to this Visitation till he had entered Three Protestations for keeping up of Priviledges In October began the great Visitation of Monasteries which was committed to several Commissioners Leighton Lee and London were most imployed But many others were also empowered to Visit. For I find Letters from Robert Southwell Elâ—ice Price Iohn Ap-price Richard Southwell Iohn â—age Richard Bellasis Waltâ—r Hendle and several others to Cromwell giving him an account of the Progress they made in their several Provinces Their Commissions if they were passed under the great Seal and enrolled have been taken out of the Rolls for there are none of them to be found there Yet I encline to think they were not under the great Seal For I have seen an Original Commission for the Visitation that was next year which was only under the Kings hand and Signet From which it may be inferred that the Commissions this year were of the same nature yet whether such Commissions could Authorize them to grant Dispensations and Discharge men out of the Houses they were in I am not skill'd enough in Law to determine And by their Letters to Cromwell I find they did assume Authority for these things So what their Power was I am not able to discover But besides their Powers and Commissions they got Instructions to direct them in their Visitations and Injunctions to be left in every House of 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 86 Articles The substance of them was to try Whether Divine Service was kept up day and night in the right hours And how many were commonly present and who were frequently absent Whether the full number according to the Foundation was in every House Who were the Founders What additions have been made since the Foundation And what were their Revenues Whether it was ever changed from one
the Bishop of Rome whom some called the Pope who had long darkned Gods 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 mans Soul and Princes out of their Dominions And had exacted in England great Sums by dreams and vanities and other Superstitious ways â—pon 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 perswading people to acknowledg his pretended Authority Therefore every person so offending after the last of Iâ—ly next to come was to incur the pains of a Premunire and all Officers both Civil and Ecclesiastical were commanded to make enquiry about such offences under several penalties On the 12th of Iuly a Bill was brought in concerning Priviledges 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 Immunities 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 depending on or flowing from them were declared void and of no force Yet all Marriages celebrated by vertue of them that were not otherwise contrary to the Law of God were declared good in Law and all Consecrations of Bishops by vertue of them were confirmed And for the future all who enjoyed any Priviledges by Bulls were to bring them in to the Chancery or to such persons as the King should appoint for that end And the Arch-Bishop of Canterbury was Lawfully to grant anew the effects contained in them which â—rant 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 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 qualification that did excuse from Residence was their staying at the University for the compleating of their Studies Now it was found that many dissolute Clergymen 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 Publick Readers should have any Exemption from their Residence by vertue of that Clause in the former Act. And those under that Age should not have the Benefit of it except they were present at the Lectures and perform'd their Exercises in the Schools By another Act there was Provision made against the prejudice the Kings 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 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 Iune to the 18th of Iuly Acts of this Importance were passed without any Protest or publick Opposition But having now opened the business of the Parliament as it relates to the State I must next give an account of the Convocation which sate at this time and was very busie as appears by the Journal of the House of Lords in which this is given for a reason of many Adjournments because the Spiritual Lords were busie in the Convocation It sate down on the 9th of Iune according to Fullers 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 Kings Vicar-General But he was not yet Vice-Gerent For he sate next the Arch-Bishop but when he had that Dignity he sate above him Nor do I find him Stiled in any Writing Vice-gerent for some time after this though the Lord Herbert says he was made Vice-gerent the 18th of Iuly this year the same day in which the Parliament was Dissolved Latimer Bishop of Worcester preached the Latine 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 Iune Cromwell moved that they would Confirm the Sentence of the Invalidity of the Kings 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 Arch-Bishop had passed the Sentence of Divorce on the day before the Queen was beheaded Whereas if he had considered 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 dyed Yet with this animadversion I must give him my thanks for his pains in copying out of the Journals of Convocation many remarkable things which had been otherwise irrecoverably lost On the 23d of Iune the lower House of Convocation 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 Supream Head and were resolved to obey his Commands renouncing the Popes usurp'd Authority with all his Laws and Inventions now extinguisht and abolisht 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 Reformers together with the Anabaptists opinions Besides all which they complained of many unsavory and indiscreet expressions which were either feigned on design to disgrace the New Preachers or were perhaps the extravagant Reflexions of some illiterate and injudicious persons who are apt upon all occasions by their heat and folly rather to prejudice than advance their party and affect some petulant jeers which they think witty and are perhaps well entertained 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
whole World that receive the Faith of Christ who ought to hold an unity of Love and Brotherly agreement together by which they become members of the Catholick Church Upon which a long excursion is made to shew the unjustice and unreasonableness of the plea of the Church of Rome who place the unity of the Catholick Church in a submission to the Bishop of their City without any ground from Scripture or the Ancient writers From that they proceeded to Examine the seven Sacraments And here fell in stiff debates which remain in some Authentick Writings that give a great light to their proceedings The method which they followed was this First the whole business they were to consider was divided into so many heads which were proposed as Queries and these were given out to so many Bishops and Divines And at a prefixed time every one brought his opinion in writing upon all the Queries So concerning the sâ—ven Sacraments the Queries were given out to the two Arch-Bishops the Bishops of London Rochester and Carlisle though the last was not in the Commission And to the Bishops of Duresm Hereford and St. Davids For though the Bishop of Winchâ—ster was in this Commission yet he did nothing in this particular but I Imagine that he was gone out of Town and that the Bishop of Carlisle was appointed to supply his absence The Queries were also given to Doctor Thirleby then Bishop Elect of Westminster to Doctor Robertson Day Redmayn Cox Leighton though not in the Commission Symmonds Tresham Coren though not in the Commission Edgeworth Oglethorp Crayford Wilson and Robins When their answers were given in two were appointed to compare them and draw an Extract of the particulars in which they agreed or disagreed which the one did in Latine and the other in English only those who compared them it seems doing it for the Arch-Bishop of Canterbury took no notice of his Opinions in the Extract they made And of these the Original answers of the two Arch-Bishops the Bishops of London Rochester and Carlisle and these Doctors Day Robertson Redmayn Cox Leighton Symmonds Tresham Coren Edgeworth and Oglethorp are yet extant But the Papers given in by the Bishops of Duresm Hereford and St. Davids and the Elect of Westminster and Doctors Crayford Wilson and Robins though they are mentioned in the Extracts made out of them yet are lost This the Reader will find in the Collection which though it be somewhat large yet I thought such pieces were of too great Importance not to be communicated to the World since it is perhaps as great an Evidence of the ripeness of their proceedings as can be shewed in any Church or any Age of it And though other Papers of this sort do not occur in this Kings Reign yet I have reason to conclude from this Instance that they proceeded with the same maturity in the rest of their deliberations In which I am the more confirmed because I find another instance like this in the Reformation that was further carried on in the succeeding Reign of Edward the 6th of many Bishops and Divines giving in their opinions under their hands upon some heads then examined and changed In Cranmers Paper some singular opinions of his about the nature of Ecclesiastical Offices will be found but as they are delivered by him with all possible modesty so they were not established as the Doctrine of the Church but laid aside as particular conceits of his own and it seems that afterwards he changed his opinion For he Subscribed the Book that was soon after set out which is directly contrary to those opinions set down in these Papers Cranmer was for reducing the Sacraments to two but the Popish party was then prevalent so the old number of seven waâ— agreed to Baptism was explained in the same manner that had been done three years before in the Articles then set out only the matter of Original Sin was more enlarged on Secondly Pennance was formally placed in the absolution of the Priest which by the former Articles was only declared a thing desirable and not to be contemned if it might be had yet all merit of good works was rejected though they were declared necessary and sinners were taught to depend wholly on the Sufferings of Christ with other good directions about Repentance Thirdly In the Explanation of the Eucharist Transubstantiation was fully asserted as also the Concomitancy of the Blood with the Flesh so that Communion in both kinds was not necessary The use of hearing Mass though one did not Communicate was also asserted To which were added verâ— good Rules about the disposition of mind that ought to accompany this Sacrament Fourthly Matrimony was said to be Instituted of God and Sanctified by Christ The degrees in the Mosaical Law were declared obligatory and none else and the Bond of Marriage was declared not separable on any account Fifthly Orders were to be administred in the Church according to the New-Testament but the particular forms of Nominating Electing Presenting or appointing Ecclesiastical Ministers was left to the Laws of every Countrey to be made by the assent of the Prince The Office of Church-men was to Preach Administer the Sacraments to bind and loose and to pray for the whole Flock But they must execute these with such limitation as was allowed by the Laws of every Kingdom The Scripture they said made express mention only of the two Orders of Priests and Deacons To these the Primitive Church had added some Inferior degrees which were also not to be contemned But no Bishop had any Authority over other Bishops by the Law of God Upon which followed a long Digression confuting the pretensions of the Bishops of Rome with an Explanation of the Kings Authority in Ecclesiastical matters which was before hand set down in another place to shew what they understood by the Kings being Supream Head of the Church Sixthly Confirmation was said to have been used in the Primitive Church in Imitation of the Apostles who by laying on their hands conferred the Holy-Ghost in an extraordinary manner And therefore was of great advantage but not necessary to Salvation Seventhly Extream-unction was said to have been derived from the practice of the Apostles mentioned by St. Iames for the health both of Body and Soul And though the sick person was not always recovered of his bodily sickness by it yet remission of sins was obtained by it and that which God knew to be best for our bodily condition to whose will we ought always to submit But this Sacrament was only fruitful to those who by pennance were restored to the State of Grace Then followed an Explanation of the Ten Commandements which contains many good rules of Morality drawn from every one of them The 2d Commandment Gardiner had a minde to have shortned and to cast it into the first Cranmer was for setting it down as it was in the Law of Moses But a
have given to the Reformation born down this Proposition and turned all the Kings Bounty and Foundations another way These new Foundations gave some credit to the Kings proceedings and made the Suppression of Chantries and Chappels go on more smoothly But those of the Roman party beyond Sea censured this as they had done all the rest of the Kings Actings They said it was but a slight Restitution of a small part of the goods of which he had robbed the Church And they complained of the Kings encroaching on the Spiritual Jurisdiction of the Church by dismembring Dioceses and removing Churches from one Jurisdiction to another To this it was answered that the necessities which their practices put on the King both to â—ortifie his Coast and Dominions to send money beâ—ond Sea for keeping the War at a distance from himself and to secure his quiet at home by easie grants of these Lands made him that he could not do all that he intended And for the Division of Dioceses many things were brought from the Roman Law to shew That the Division of the Ecclesiastical â—urisdiction whether of Patriarches Primates Metropolitans or Bishops was Regulated by the Emperors of which the Ancient Councils always approved And in England when the Bishoprick of Lincoln being judged of too great an Extent the Bishoprick of Ely was taken out of it it was done only by the King with the consent of his Clergy and Nobles Pope Nicolas indeed officiously intruded himself into that matter by sending afterwards a Confirmation of that which was done But that was one of the great Arts of the Papacy to offer Confirmations of things that were done without the Popes For these being easily received by them that thought of nothing more than to give the better countenance to their own Acts the Popes afterwards founded a Right on these Confirmations The very receiving of them was pretended to be an acknowledgment of a Title in the Pope And the matter was so artificially managed that Princes were noozed into some approbation of such a pretence before they were aware of it And then the Authority of the Canon-Law prevailing Maxims were laid down in it by which the most tacite and inconsiderate Acts of Princes were construed to such senses as still advanced the greatness of the Papal pretensions This business of the new Foundations being thus setled the matters of the Church were now put in a method and the Bishops Book was the standard of Religion So that whatsoever was not agreeable to that was judged Heretical whether it leaned to the one side or the other But it seems that the King by some secret Order had chained up the party which was going on in the Execution of the Statute of the six Articles that they should not proceed capitally Thus matters went this year and with this the Series of the History of the Reformation made by this King ends for it was now digested and formed into a Body What followed was not in a Thred but now and then some remarkable things were done sometimes in favour of the one and sometimes of the other party For after Cromwel fell the King did not go on so steadily in any thing as he had done formerly Cromwel had an Ascendant over him which after Cardinal Wolseys fall none besides himself ever had They knew how to manage the Kings uneasie and imperious humor But now none had such a Power over him The Duke of Norfolk was rich and brave and made his Court well but had not so great a Genius so that the King did rather trust and fear than esteem him Gardiner was only a Tool and being of an abject Spirit was employed but not at all reverenced by the King Cranmer retained always his candor and simplicity and was a great Prelate but neither a good Courtier nor a States-man And the King esteemed him more for his vertues than for his dexterity and cunning in business So that now the King was left wholly to himself and being extream humorous and impatiâ—nt there were more errors committed in the last years of his Government than had been for his whole Reign before France forsook him Scotland made War upon him which might have been fatal to him if their King had not dyed in the beginning of it leaving an Infant Princess but a few days old behind him And though the Emperor made peace with him yet it was but an hollow agreement Of all which I shall give but slender hints in the rest of this Book and rather open some few particulars than pursue a Continued Narration since the matter of my Work failes me In May the 33d year of the Kings Reign a new Impression of the Bible was finished and the King by Proclamation Required all Curates and Parishioners of every Town and Parish to provide themselves a Copy of it before All-Hallowtide under the penalty of forfeiting forty Shillings a month after that till they had one He declared that he set it forth to the end that his people might by Reading it perceive the Power Wisdom and Goodness of God Observe his Commandments obey the Laws and their Prince and live in Godly Charity among themselves But that the King did not thereby intend that his Subjects should presume to expound or take arguments from Scripture nor disturb Divine Service by reading it when Mass was Celebrating but should read it meekly humbly and reverently for their Instruction Edification and Amendment There was also care taken so to Regulate the Prices of the Bibles that there should be no exacting on the Subjects in the Sale of them And Bonner seeing the Kings mind was set on this ordered six of these great Bibles to be set up in several places of St. Pauls that all persons who could read might at all times have free access to them And upon the Pillars to which these Bibles were chained an Exhortation was set up admonishing all that came thither to read That they should lay aside vain-glory hypocrisie and all other corrupt affections and bring with them Discretion good Intentions Charity Reverence and a quiet behaviour for the Edification of their own Souls but not to draw multitudes about them nor to make Expositions of what they read nor to read aloud nor make noise in time of Divine Service nor enter into Disputes concerning it But people came generally to hear the Scriptures read and such as could read and had clear voices came often thither with great Crowds about them And many set their Children to School that they might carry them with them to St. Pauls and hear them read the Scriptures Nor could the people be hindred from entring into disputes about some places for who could hear the words of the Institution of the Sacrament Drink ye all of it or St. Pauls Discourse against worship in an unknown tongue and not from thence be led to consider that the people were deprived of the Cup which by
the King would submit to him p. 122 A new Session of Parliament ibid. A Subsidy is voted p. 123 The Oaths the Clergy swore to the Pope and to the King ibid. Chancellor More delivers up his Office p. 124 The King meets with the French King ibid. Eliot sent to Rome p. 125 The King Marries Anne Boleyn p. 126 New Overtures for the Divorce ibid. Anno 1533. A Session of Parliament ibid. An Act against Appeals to Rome ibid. Arch-Bishop Warham dies p. 127 Cranmer succeeds him ibid. His Bulls from Rome p. 128 His Consecration ibid. The Iudgment of the Convocation concerning the Divorce p. 129 Endeavours to make the Queen Submit p. 130 But in vain ibid. Cranmer gives Iudgment p. 131 Censures that pass upon it ibid. The Pope united to the French King p. 133 A Sentence against the Kings proceedings ibid. Queen Elizabeth is born p. 134 An Enterview between the Pope and the French King ibid. The King submits to the Pope ibid. The Imperialists oppose the agreement p. 135 And procure a definitive Sentence p. 136 The King resolves to abolish the Popes Power in England ibid. It was long disputed ibid. Arguments against it from Scripture p. 137 And the Primitive Church p. 138 Arguments for the Kings Supremacy p. 140 From Scripture and the Laws of England p. 141 The Supremacy explained p. 142 Pains taken to satisfie Fisher p. 143 Anno 1534. A Session of Parliament ibid. An Act for taking away the Popes Power p. 144 About the Succession to the Crown p. 145 For punishing Hereticks p. 147 The Submission of the Clergy ibid. About the Election of Bishops p. 148 And the Maid of Kent p. 149 The Insolence of some Friers p. 151 The Nuns speech at her death p. 152 Fisher is dealt with Gently p. 153 The Oath for the Succession taken by many p. 154 More and Fisher refuse it p. 155 And are proceeded against p. 156 Another Session of Parliament p. 157 The Kings Supremacy is Enacted ibid. An Act for Suffragan Bishops ibid. A Subsidy is granted p. 158 More and Fisher are Attainted ibid. The Progress of the Reformation p. 159 Tindal and others at Antwerp send over Books and the New Testament ibid. The Supplication of the Beggars p. 160 More answers and Frith replyes p. 161 Cruel proceeding against Reformers p. 162 Bilney's Sufferings p. 163 The Sufferings of Byfield p. 164 And Bainham p. 165 Articles abjured by some ibid. Tracy's Testament p. 166 Frith's Sufferings p. 167 His Arguments against the Corporal presence in the Sacrament ibid. His Opinion of the Sacrament and Purgatory for which he was condemned p. 169 His Constancy at his death p. 170 A stop put to Cruel proceedings p. 171 The Queen favoured the Reformers ibid. Cranmer Promoted it ibid. And was Assisted by Cromwell p. 172. A strong party against it ibid. Reasons used against it ibid. And for it p. 173. The Iudgment of some Bishops concerning a General Council p. 174 A speech of Cranmers of it ibid. BOOK III. Of the other Transactions about Religion and Reformation during the rest of the Reign of King Henry the 8th Anno 1535. THe rest of the Kings Reign was troublesome p. 179 By the practises of the Clergy p. 180 Which provoked the King much ibid. The Bishops swear the Kings Supremacy p. 181. The Franciscans only refuse it p. 182 A Visitation of Monasteries ibid. The Instructions of the Visitors p. 184 Injunctions sent by them p. 185 The State of the Monasteries in England and their Exemptions p. 186 They were deserted but again set up by King Edgar p. 187 Arts used by the Monks ibid. They were generally corrupt p. 188 And so grew the Friers p. 189 The Kings other reasons for suppressing Monasteries ibid. Cranmers design in it p. 190 The Proceedings of the Visitors ibid. Some Houses resigned to the King p. 191 Anno 1536. QVeen Katherine dies ibid. A Session of Parliament in which the lesser Monasteries were suppressed p. 193 The reasons for doing it ibid. The Translation of the Bible in English designed p. 194 The reasons for it ibid. The opposition made to it p. 195 Queen Anns fall driven on by the Popish party p. 196 The King became jealous p. 197 She is put in the Tower p. 198 She confessed some Indiscreet words p. 199 Cranmers Letters concerning her p. 200 She is brought to a Tryal p. 201 And Condemned p. 202 And also Divorced p. 203 She prepares for Death p. 204 The Lieutenant of the Tower's Letters about her ibid. Her Execution p. 205 The Censures made on this ibid. Lady Mary is reconciled to her Father and makes a full Submission p. 207 Lady Elizabeth is well used by the King p. 208 A Letter of hers to the Queen p. 209 A New Parliament is called ibid. An Act of the Succession p. 210 The Pope endeavours a reconciliation p. 211 But in vain ibid. The Proceedings of the Convocation p. 213 Articles agreed on about Religion p. 215 Published by the Kings Authority p. 217 But variously censured p. 218 The Convocation declared against the Council Summoned by the Pope p. 219 The King publishes his reasons against it p. 220 Cardinal Pool writes against the King ibid. Many Books are written for the King p. 221 Instructions for the dissolution of Monasteries p. 222 Great discontents among all sorts p. 223 Endeavours to qualifie these ibid. The people were disposed to Rebel p. 224 The Kings Injunctions about Religion p. 225 They were much censured p. 226 A Rising in Lincoln-shire p. 227 Their Demands and the Kings Answer ibid. It was quieted by the Duke of Suffolk p. 228 A great Rebellion in the North ibid. The Duke of Norfolk was sent against them p. 230 They advance to Doncaster ibid. Their Demands p. 231 The Kings Answer to them p. 232 Anno 1537. THe Rebellion is quieted p. 233 New risings soon dispersed p. 234 The chief Rebels Executed ibid. A New Visitation of Monasteries p. 235 Some great Abbots resign ibid. Confessions of horrid crimes are made p. 237 Some are Attainted p. 238 And their Abbies Suppressed p. 240 The Superstition and Cheats of these Houses discovered p. 242 Anno 1538. SOme Images publickly broken ibid. Thomas Beckets shrine broken p. 243 New Injunctions about Religion p. 245 Inâ—ectives against the King at Rome ibid. The Popes Bulls against the King ibid. The Clergy in England declared against these p. 248 The Bible is Printed in English p. 249 New Injunctions ibid. Prince Edward is born p. 250 The Complyance of the Popish party p. 251 Lambert appealed to the King p. 252 And is publickly tryed ibid. Many Arguments brought against him p. 253 He is condemned and burnt p. 254 The Popish party gain ground ibid. A Treaty with the German Princes p. 255 Bonners dissimulation ibid. Anno 1539. A Parliament is called p. 256 The six Articles are proposed ibid. Arguments against them p. 257 An Act passed for them p. 258 Which is variously
Bullam fatis concessit re integra causa si quae fuit cessavit Sed producitur aliud Breve tenoris tam efficacis ut istas Objectiones non admittat Sed manet nihilominus eorum sententia qui Pontificem non posse dispensare affirmant secundum quos nec Breve nec Bulla consistit deinde Breve falsum esse pro falso judicari deberi multis rationibus convincitur denique falsum cum sit tamen prioris Bullae errores corrigat illam opinionem merito confirmet ne prior Dispensatio efficax videatur vel eorum judicio qui hoc Matrimonium defendere studuerunt viz. qui veris allegationibus diffisi ad falsas confictas Dispensationes vitia objecta removentes confugere coacti sunt Ista si singula minus sufficiant saltem collata obtineant persuadeant licere Illa vero opinio multis persuasa Pontificem viz. non potuisse dispensare ut sola infirmet Dispensationem non petitur sed habet nihilominus aliquid considerationis quanquam enim refellatur a quibusdam reprobetur manet tamen scripta atque adeo testimonio ipsius Pontificis comprobata Perpendatur deinde causa suggestionis veritas si mendacium intervenisse apparet quod est notorium illam Dispensationem adversariorum factis in novi Brevis fabricatione tacite reprobari quis non videt ex his causis licere ut sententia Divortii proferatur Postremo expedit ut id pronuntietur quod in omnium sententias consentiat Reprobatio autem Dispensationis cum omnibus convenit opinionibus sive quia Authoritas abfuit sive quia non recte interposita dicatur Approbatio vero cum istis dissentit omnibus Expedit ut firma sit inconcussa Regni Successio quae contra has opiniones confirmari non potest Expedit ut conscientia Serenissimi Regis his scrupulis impedita turbata expedita tranquilla reddatur Breviter expedit votis Serenissimi Regis satisfieri qui pro genuinis innatis suis virtutibus non nisi optima cupit modo etiam optimo votorum suorum compotem effici laborat si non virtutem spectaret caetera nihil haberent difficultatis sed omnium virtutum cogitationem quandam esse animadvertens suum justitiae decorum quod temperantia est quaerit ut justum justo modo obtineat assequatur Itaque expedit ne auxilium denegetur vel differatur ei qui id juste implorat To my loving Friends Master Stephen Gardiner Doctor of both Laws Sir Francis Brian and Sir Gregory Cassalis Knights and Mr. Peter Vannes Secretary to the King's Highness for the Latin Tongue His Graces Orators Residents in the Court of Rome XXII The second part of a long Dispatch of the Cardinals concerning the Divorce An Original AN other part of your Charge consisteth in expedition of the King 's great and weighty Cause of Matrimony whereupon depend so many high Consequences as for no earthly Cause to suffer or tolerate tract or delay in what case soever the Pope's Holiness be of amendment or danger of life nor as is aforesaid oweth to be by his Holiness preteromitted whether the same be in the state of Recovery or in any doubt or despair thereof for one assured and principal fundamental and ground is to be regarded whereupon the King's Highness doth plant and build his Acts and Cogitations in this behalf which is from the reasonable favour and justice being the things from the which the Pope's Holiness in prosperis nec adversis may lawfully and honestly digress and when the plainness of his Cause is well considered with the manifest Presumptions Arguments and Suspitions both of the insufficiency of the Bull and falsity of the Brief such as may lead any Man of reason or intendment well to perceive and know that no sufficiency or assured truth can be therein How may the Pope's Holiness ex aequo justo refuse or deny to any Christian Man much less to a Prince of so high merits and in a Cause whereupon depend so many consequences to his Holiness well known for a vain respect of any Person or by excuse of any Sickness justifie colour or defend any manner refusal tract or delay used in declaration of the truth in so great a Matter which neither for the infinite conveniences that thereby might ensue admitteth or suffereth to be delaied nor by other than himself his Act or Authority may lawfully be declared And well may his Holiness know That to none it appertaineth more to look unto the justness of the King's desire in this behalf than to his Highness his self whose Interest whose Cause with the same of his Realm and Succession resteth herein for if his Grace were minded or would intend to do a thing inique or injust there were no need to recurr unto the Pope's Holiness for doing thereof But because his Highness and his Council who best know the whole of this Matter and to whose part it belongeth most profoundly to weigh and ponder every thing concerning the same be well assured of the truth of the Matter needing none other thing but for observance of his Duty towards God and his Church to have the same Truth also approbate and declared by him to whom the doing thereof appertaineth his Grace therefore seeing an untruth alleadged and that so craftily as by undue and perverse ways the same without good reason adhibited may for a season bring things into confusion doth communicate unto the Pope's Holiness presumptions and evidences enough and sufficient to inform the Conscience of his Holiness of the very truth which then if his Holiness will not see but either for affection fear or other private cause will hearken to every dilatory and vain allegation of such as led upon undue grounds would colour the Truth What doth his Holiness less therein than under a right vain colour expresly deny and refuse the said Justice which to be done either in health or sickness in a matter of so great moment is in no wise tolerable But for the same reasons that be before mentioned is the thing whether the Pope's Holiness be in hope or despair of life without further tract to be absolved and determined for if Almighty God grant his Holiness life this Act is and always shall be able to bear it self and is meet to be an Example a President and a Law in all like Cases emerging the Circumstances and Specialities of the same in every part concurring as they do in this nor can the Emperor make exceptions at the same when he best knowing percase the untruth shall see the grounds and occasions that of necessity and meer Justice have enforced and constrained the Pope's Holiness thereunto which he could not refuse to do unless he would openly and manifestly commit express injury and notorious injustice For be it that the Pope's Holiness hearkning to the said frivolous and vain Allegations would refuse to declare the Law
but it cannot be hid which is so manifest and tho we could say nothing the thing it self speaketh But as to that that is affirmed in your Letters both of God's Law and Man's otherwise than is necessary and truth let that be ascribed to the temerity and ignorance of your Counsellors and your Holiness to be without all default save only for that ye do not admit more discreet and learned Men to be your Counsellors and stop the mouths of them which liberally would speak the Truth This truly is your default and verily a great fault worthy to be alienate and abhorred of Christ's Vicar in that ye have dealt so variably yea rather so inconstantly and deceivably Be ye not angry with my words and let it be lawful for me to speak the Truth without displeasure if your Holiness shall be displeased with that we do rehearse impute no default in us but in your own Deeds which Deeds have so molested and troubled us wrongfully that we speak now unwillingly and as enforced thereunto Never was there any Prince so handled by a Pope as your Holiness hath intreated us First When our Cause was proponed to your Holiness when it was explicated and declared afore the same when certain Doubts in it were resolved by your Counsellors and all things discussed it was required that answer might be made thereunto by the order of the Law There was offered a Commission with a promise also that the same Commission should not be revoked and whatsoever Sentence should be given should streight without delay be confirmed The Judges were sent unto us the Promise was delivered to us subscribed with your Holiness's hand which avouched to confirm the Sentence and not to revoke the Commission nor to grant any thing else that might lett the same and finally to bring us in a greater hope a certain Commission Decretal defining the Cause was delivered to the Judges hands If your Holiness did grant us all these things justly ye did injustly revoke them and if by good and truth the same was granted they were not made frustrate nor annihilate without fraud so as if there were no deceit nor fraud in the Revocation then how wrongfully and subtilly have been done those things that have been done Whether will your Holiness say That ye might do those things that ye have done or that ye might not do them If ye will say that ye might do them where then is the Faith which becometh a Friend yea and much more a Pope to have those things not being performed which lawfully were promised And if ye will say that ye might not do them have we not then very just cause to mistrust those Medicines and Remedies with which in your Letters ye go about to heal our Conscience especially in that we may perceive and see those Remedies to be prepared for us not to relieve the Sickness and Disease of our Mind but for other means pleasures and worldly respects And as it should seem profitable that we should ever continue in hope or despair so always the Remedy is attempted so that we being always a-healing and never healed should be sick still And this truly was the chief cause why we did consult and take the advice of every Learned Man being free without all affection that the Truth which now with our labour and study we seem partly to have attained by their judgments more manifestly divulged we might more at large perceive whose Judgments and Opinions it is easy to see how much they differ from that that those few Men of yours do shew unto you and by those your Letters is signified Those few Men of yours do affirm the prohibition of our Marriage to be inducted only by the Law positive as your Holiness hath also written in your Letters but all others say the prohibition to be inducted both by the Law of God and Nature Those Men of yours do suggest that it may be dispensed for avoiding of slanders The others utterly do contend that by no means it is lawful to dispence with that that God and Nature hath forbidden We do separate from our Cause the Authority of the See Apostolick which we do perceive to be destitute of that Learning whereby it should be directed and because your Holiness doth ever profess your ignorance and is wont to speak of other Mens mouths we do confer the sayings of those with the sayings of them that be of the contrary Opinion for to confer the Reasons it were too long But now the Universities of Cambridg Oxford in our Realms Paris Orleance Biturisen Andegavon in France and Bonony in Italy by one consent and also divers other of the most famous and Learned Men being freed from all affection and only moved in respect of verity partly in Italy and partly in France do affirm the Marriage of the Brother with the Brother's Wife to be contrary both to the Law of God and Nature and also do pronounce that no Dispensation can be lawful or available to any Christian Man in that behalf But others think the contrary by whose Counsels your Holiness hath done that that sithence ye have confessed ye could not do in promising to us as we have above rehearsed and giving that Commission to the Cardinal Campege to be shewed unto us and after if it so should seem profitable to burn it as afterwards it was done indeed as we have perceived Furthermore those which so do moderate the Power of your Holiness that they do affirm That the same cannot take away the Appellation which is used by Man's Law and yet is available to Divine Matters every-where without distinction No Princes heretofore have more highly esteemed nor honoured the See Apostolick than we have wherefore we be the more sorry to be provoked to this contention which to our usage and nature is most alienate and abhorred Those things so cruel we write very heavily and more glad would have been to have been silent if we might and would have left your Authority untouched with a good will and constrained to seek the verity we fell against our Will into this contention but the sincerity of the Truth prohibited us to keep silence and what should we do in so great and many perplexities For truly if we should obey the Letters of your Holiness in that they do affirm that we know to be otherwise we should offend God and our Conscience and we should be a great slander to them that do the contrary which be a great number as we have before rehearsed Also if we should dissent from those things which your Holiness doth pronounce we would account it not lawful if there were not a Cause to defend the Fact as we now do being compelled by necessity lest we should seem to contemn the Authority of the See Apostolick Therefore your Holiness ought to take it in good part tho we do somewhat at large and more liberally speak in this Cause which doth so oppress us
many be Professed and how many be Novices and whether the Novices have like Habit or use to wear an Habit distinct from the Habit of the Brethren Professed 17. Item Whether ye do use to profess your Novices in due time and within what time and space after they have taken the Habit upon them 18. Item Whether the Brethren of this House do know the Rule that they have professed and whether they keep their Profession according to that their Rule and Custom of this House and in especial the three substantial and principal Vows that is to say Poverty Chastity and Obedience 19. Item Whether any of the Brethren use any propriety of Mony or of Plate in their Chambers or of any other manner thing unwarre of the Master and without his knowledg and license or by his sufferance and knowledg and for what cause 20. Item Whether ye do keep Chastity not using the company of any suspect Woman within this Monastery or without And whether the Master or any Brother of this House be suspected upon Incontinency or defamed for that he is much conversant with Women 21. Item Whether Women useth and resorteth much to this Monastry by back-ways or otherwise and whether they be accustomably or at any time lodged within the Precinct thereof 22. Item Whether the Master or any Brother of this House useth to have any Boys or young Men laying with him 23. Item Whether the Brethren of this House keep their Obedience being ready at their Master's Commandment in all things honest lawful and reasonable Sequuntur Regulae Caeremoniales 24. Item Whether ye do keep silence in the Church Cloister Fraitrie and Dormitorie at the hours and time specified in your Rule 25. Item Whether ye do keep Fasting and Abstinence according to your Rules Statutes Ordinances and laudable Customs of this House 26. Item Whether ye abstain from Flesh in time of Advent and other times declared and specified by the Law Rules and laudable Customs of this House 27. Item Whether ye wear Shirts and Sheets of Woollen or that ye have any Constitution Ordinance or Dispensation granted or made to the contrary by sufficient and lawful Authority Profitentes Regulam Benedicti quam arctissime tenentur ad praedicta Caeremonialia observanda 28. Item Whether ye do sleep altogethers in the Dormitorie under one Roof or not 29. Item Whether ye have all separate Beds or any one of you doth lay with an other 30. Item Whether ye do keep the Fraitry at Meals so that two parts or the least the two part of the whole Covent be always there unless the Master at every one time dispense with you to the contrary 31. Item Whether ye do wear your Religious habit continually and never leave it off but when ye go to bed 32. Item Whether every Brethren of this House have lightly departed hence and hath gone to any other House of like Order and Profession without special Letters and License of their Master 33. Item Whether the Master and Brethren of this House have received and admitted any Brother of another House without special License and Letters of his Master and Head 34. Item Whether any of you sithence the time of your Profession hath gone out of this House to his Friends or otherwise 35. Item How oftimes he did so and how long at every time ye â—arried forth 36. Item Whether ye had special license of your Master so to go forth or not 37. Item Whether at every time of your being forth ye changed or left off your habit or every part thereof 38. Item Whether ye or any of you be or hath been in manifest Apostasy that is to say Fugitives or Vagbonds 39. Item For what cause or occasion ye have so gone forth and been in Apostasy and whether the cause of your going forth was by reason of the great cruelty of your Master or by his negligence not calling you home to your Cloister 40. Item Whether ye be weekly shaven and do not nourish or suffer your Hair to be long and whether ye wear your Apparel according to the Rule not too excessive nor too exquisite and in like wise the trappo's of your Horses and other your bearing Beasts 41. Item Whether the Master and Head of this House do use his Brethren charitably without partiality malice envy grudg or displeasure more shewed to one than to another 42. Item Whether he do use his Disciplines Corrections and Punishments upon his Brethren with mercy pity and charity without cruelty rigorousness and enormous hurt no more favouring one than another 43. Item Whether any Brother or Religious Person of this House be incorrigible 44. Item Whether the Master of this House do use his Brethren charitably when they be sick and diseased and whether in time of their sickness he do procure unto them Physicians and all other necessaries 45. Item Whether he make his Accompts as he ought to do once every year before his Brethren and chiefly the Seniors and Officers to the intent they may be made privy to the state and condition of the House and know perfectly the due administration thereof 46. Item Whether the Prior Subprior Sellerar Kitchener Terrure Sacristen or any such-like Officer having Administration of every manner Revenues of this House do make his whole and true Accompt according as he is bound to do not applying any thing by him received to his own proper use or commodity 47. Item Whether any Religious Person of this House do bear occupy or exercise more Offices than one for and to his own singular commodity advantage or profit by the partial dealing of the Master 48. Item Whether all and singular the Revenues and Profits of this House be converted and employed to the behove and use thereof and of the Brethren and according to the Founder's mind and Giver 49. Item Whether the Master do make sufficient reparations upon his Monastery as the Church and all other housing thereto adjoined and also upon all other the Lands Granges Farms and Tenements belonging to the same and whether he suffer any dilapidation decay or ruine in any part of them 50. Item Whether there be any Inventory made of all and singular the Moveables Goods which from time to time have been and yet be in this House as of Jewels Reliques Ornaments Vestiments ready Mony Plate Bedding with other Utensils also of Corn Chattels and other Commodities to the intent the state and condition of this House may be always known 51. Item That ye express truly and sincerely the whole state and condition of this House as in Mony Plate Cattel Corn and other Goods 52. Item Whether this Monastery be indebted to whom and for what cause 53. Item Whether any of the Lands be sold or mortgaged and for what Sums 54. Item Whether any be lett to Farm by the Master of this House for term of years and for how many years and specially whether they be letten for small Sums or for less Sums
this House useth to be Confessed and Communicate Restat pro Ecclesiis Collegiatis Hospitalibus Ecclesiis Cathedralibus Parrochialibus Ecclesiis Episcopo Archiepiscopo pro ordine Ierosolomitarum Exhibeant omnia scripta munimenta Inventaria Scedulas quascunque unde aliquid cognitionis eorum reformationi Monasteriorum sive domorum utilitati necessariae explicari aut quoquo modo colligi possit II. General Injunctions to be given on the King's Highness's behalf in all Monastries and other Houses of whatsoever Order or Religion they be FIrst That the Abbot Prior or President and all other Brethren of the Place that is visited shall faithfully truly and heartily keep and observe and cause teach and procure to be kept and observed of other as much as in them may lie all and singular Contents as well in the other of the King's Highness Succession given heretofore by them as in a certain Profession lately sealed with the Common Seal and subscribed and Signed with their own hands Also that they shall observe and fulfil by all the means that they best may the Statutes of this Realm made or to be made for the suppression and taking away of the usurped and pretensed Jurisdiction of the Bishop of Rome within this Realm and for the assertion and confirmation of the Authority Jurisdiction and Prerogative of our most noble Sovereign Lord the King and his Successors and that they shall diligently instruct their Juniors and Youngers and all other committed to their Cure That the King's Power is by the Laws of God most excellent of all under God in Earth and that we ought to obey him afore all other Powers by Godâ—â— Prescript and that the Bishop of Rome's Jurisdiction or Authority heretofore usurped by no means is founded or established by Holy Scripture but that the same partly by the craft and deceit of the same Bishop of Rome and by his evil and ambitious Canons and Decretals and partly by the toleration and permission of Princes by little and little hath grown up and therefore now of most right and equity is taken away and clean expelled out of his Realm Also that the Abbot Prior or President and Brethren may be declared by the King 's Supream Power and Authority Ecclesiastical to be absolved and loosed from all manner Obedience Oath and Profession by them heretofore perchance promised or made to the said Bishop of Rome or to any other in his stead or occupying his Authority or to any other Forreign Prince or Person And nevertheless let it be enjoined to them that they shall not promise or give such Oath or Profession to any such Forreign Potentate hereafter And if the Statutes of the said Order Religious or Place seem to bind them to Obedience or Subjection or any other Recognizance of Superiority to the said Bishop of Rome or to any other Forreign Power Potentate Person or Place by any ways such Statutes by the King's Graces Visitors be utterly annihilate broken and declared void and of none effect and that they be in no case bounden or obligate to the same and such Statutes to be forthwith utterly put forth and abolished out of the Books or Muniments of that Religion Order or Place by the President and his Brethren Also that no Monk or Brother of this Monastery by any means go forth of the Precinct of the same Also that Women of what state or degree soever they be be utterly excluded from entring into the Limits or Circuit of this Monastery or place unless they first obtain license of the King's Highness or his Visitor Also that there be no entring into this Monastery but one and that by the great fore-gate of the same which diligently shall be watched and kept by some Porter specially appointed for that purpose and shall be shut and opened by the same both day and night at convenient and accustomed hours which Porter shall repel all manner Women from entrance into the said Monastery Also that all and singular Brethren and Monks of this Monastery take their refections altogether in a place called the Misericorde such days as they eat Flesh and all other days in their Refectory and that at every Mess there sit four of them not of duty demanding to them any certain usual or accustomed duty or portion of Meat as they were wont to do but that they be content with such Victuals as is set before them and there take their Refections soberly without excess with giving due thanks to God and that at every such Refection some Chapter of the New Testament or Old by some of the said Brethren be read and recited to the other keeping silence and giving audience to the same Also that the Abbot and President do daily prepare one Table for himself and his Guests thither resorting and that not over-sumptuous and full of delicate and strange Dishes but honestly furnished with common Meats At which Table the said Abbot or some Senior in his stead shall sit to receive and gently entertain the Strangers the Guests Also that none of the Brethren send any part of his Meat or the leavings thereof to any Person but that there be assigned an Almoner which shall gather the Leavings both of the Covent and Strangers Tables after that the Servants of the House have had their convenient Refections and distribute the same to poor People amongst whom special consideration be had of such before other as be Kinsfolk to any of the said Brethren if they be of like power and debility as other be and also of those which endeavour themselves with all their will and labour to get their living with their hands and yet cannot fully help themselves for their chargeable Houshold and multitude of Children yet let not them be so cherished that they shall leave labour and fall to idleness with consideration also specially to be had of them which by weakness of their Limbs and Body be so impotent that they cannot labour and by no means let such Alms be given to valiant mighty and idle Beggars and Vagabonds as commonly use to resort about such places which rather as drove-Beasts and Mychers should be driven away and compelled to labour than in their idleness and lewdness against the form of the King's Graces Statute in this behalf made cherished and maintained to the great hindrance and damage of the Common-Weal Also that all other Almses or Destributions due or accustomed to be made by reason of the Foundation Statutes or customes of this place be made and given as largely and as liberally as ever they were at any time heretofore Also that the Abbot Prior or President shall find Wood and Fewel sufficient to make Fire in the Refectory from Allhallow-even to Good-Friday Also that all the Brethren of this House except the Abbot and such as be sick or evil at ease and those that have fulfilled their Iubilee lie together in the Dormitory every one by himself in several Beds Also that no Brother
Nunnery Yorksh. no Subscriptions 3. September Haughmond Can. August Sallop the Abbot and 10 Mon. 9. Nunnkeling Nunnery Yorksh. no Subscription but the Seal 10. Nunniton Nunnery the Prioress 27 Crosses for Subscript 12. Ulnescroft Liecestersh the Prior and 11 Friers 15. Marrick Nunnery Yorksh. the Prioress 15. Burnham Nunnery Bucks the Abbess and 9 Nuns 19. St. Bartholomew Smithfield the Prior. 25. October Edmundsbury Bened. Suffolk the Abbot and 44 Monks 4. November A Commission for the surrender of St. Allborrough Chesh. 7. Berkin Nunnery Essex the Abbess 14. Tame Oxfordsh Bp. * Reonen and 16 Monks 16. Osney ibid. id and 12 Monks 17. Godstow Nunnery Oxfordsh subscribed by a Notary 17. Studley Nunnery Oxfordsh signed as the former 19. Thelsford Norfolk the Prior and 13 Monks 16. February Westminster Bened. the Abbot and 27 Monks 16. Ianuary A Commission to the Arch-Bpp of Canterb. for taking the Surrender of Christ's-Church Canterb. 20. March And another for the surrender of Rochester both dated 20. March Waltham Benedict Essex the Abbot and 17 Monks 23. St. Mary Watte Gilber Bpp. of Landaffe Commend 8 Friers and 14 Nuns  There is also in the Augmentation-Office a Book concerning the Resignations and Suppressions of the following Monasteries St. Swithins Winchester 15. November St. Mary Winchester 17. Wherewell Hampshire 21. Christ's Church Twinham the Commendator thereof is called Episcopus Neopolitanus 28. Winchelcomb 3. December Ambrose Bury 4. St. Austins near Bristol 9. Billesswick near Bristol 9. December Malmesbury 15. Cirencester 19. Hales 24. St. Peter's Glocester 2. Ianuary Teuksbury 9. There are also several other Deeds enrolled which follow St. Mary-Overhay in Southwark 14. October St. Michael near Kingston upon Hall Carthus 9. November Burton upon Trent Staffordsh 14. Hampol Nunnery Yorksh. 19. St. Oswald Yorksh. 20. Kirkstall Yorksh. 22. Pomfret Yorksh. 23. Kirkelles Yorksh. 24. Ardyngton Yorksh. 26. Fountains Yorksh. 26. St. Mary York 29. St. Leonard York 1. December Nunnapleton Nunnery Yorksh. 5. St. Gelmans Selbe Yorksh. 6. Melsey Yorksh. 11. Malton Yorksh. 11. Whitby Yorksh. 14. Albalanda Northumb. 18. Montgrasse Carthus Yorksh. 18. Alnewick Premonstrat Northumb. 22. Gisburne August Yorksh. 22. Newshame Dunelme 29. St. Cuthberts Cathedral of Duresme 31. St. Bartholomew Nunnery in Newcastle 3. Ianuary Egleliston Richmondsh 5. St. Mary Carlile Cumber 9. Hoppa Premonst Westmorland 14. St. Werburg Chester 20. St. Mary Chester a Nunnery 21. St. Peters Shrewsbury 24. St. Milburg Winlock Salop. 26. Section IV. IT seems there was generally a Confession made with the Surrender Of these some few are yet extant though undoubtedly great care was taken to destroy as many as could be in Queen Mary's time That long and full one made by the Prior of St. Andrews in Northampton the Preamble whereof is printed by Fuller and is at large printed by Weaver is yet preserved in the Augmentation-Office There are some few more also extant six of these I have seen one of them follows FOrasmuch as we Richard Green Abbot of our Monastery of our Blessed Lady St. Mary of Betlesden and the Convent of the said Monastery do profoundly consider That the whole manner and trade of living which we and our pretensed Religion have practised and used many days does most principally consist in certain dumb Ceremonies and other certain Constitutions of the Bishops of Rome and other Forinsecal Potentates as the Abbot of Cistins and therein only noseled and not taught in the true knowledg of God's Laws procuring always Exemptions of the Bishops of Rome from our Ordinaries and Diocesans submitting our selves principally to Forinsecal Potentates and Powers which never came here to reform such disorders of living and abuses as now have been found to have reigned amongst us And therefore now assuredly knowing that the most perfect way of living is most principally and sufficiently declared unto us by our Master Christ his Evangelists and Apostles and that it is most expedient for us to be governed and ordered by our Supream Head under God the King 's most noble Grace with our mutual assent and consent submit our selves and every one of us to the most benign Mercy of the King's Majesty and by these presents do surrender c. The Surrender follows in common form Signed by the Abbot Subprior and 9 Monks 25. Septemb. Regni 30. There are others to the same purpose Signed by the Guardian and seven Franciscans at Alisbury the 1st of October By the Franciscans at Bedford the 3d of October The Franciscans in Coventry the 5th of October And the Franciscans in Stamford the 8th of October And the Carmelites in Stamford on the same day which I shall also insert the former four agreeing to it FOrasmuch as we the Prior and Friers of this House of Carmelites in Stamford commonly called the White Friers in Stamford in the County of Lincoln do profoundly consider that the perfection of Christian living doth not consist in some Ceremonies wearing of a white Coat disguising our selves after strange fashions dockying and becking wearing Scapulars and Hoods and other-like Papistical Ceremonies wherein we have been most principally practised and noseled in times past but the very true way to please God and to live a true Christian Man without all hypocrisy and feigned dissimulation is sincerely declared to us by our Master Christ his Evangelists and Apostles being minded hereafter to follow the same conforming our self to the Will and Pleasure of our Supream Head under God on Earth the King's Majesty and not to follow henceforth the superstitious Traditions of any Forinsecal Potentate or Power with mutual assent and consent do submit our selves unto the Mercy of our said Sovereign Lord and with the like mutual assent and consent do surrender c. Signed by the Prior and 6 Friers Section V. Of the manner of suppressing the Monasteries after they were Surrendred THe Reader will best understand this by the following account of the Suppression of the Monastery of Teuksbury copied from a Book that is in the Augmentation-Office which begins thus THe Certificate of Robert Southwell Esquire William Petre Edward Kairne and Iohn London Doctors of Law Iohn Ap-rice Iohn Kingsman Richard Paulet and William Bernars Esquires Commissioners assigned by the King's Majesty to take the Surrenders of divers Monasteries by force of his Grace's Commission to them 6 5 4 or 3 of them in that behalf directed bearing date at his Highness's Palace of Westminster the 7 th day of Novemb. in the 31 year of the Reign of our most dread Sovereign Lord Henry the Eighth by the Grace of God King of England and of France Defender of the Faith Lord of Ireland and in Earth immediately under Christ Supreme Head of the Church of England of all and singular their Proceedings as well in and of these Monasteries by his Majesty appointed to be altered as of others to be dissolved according to the tenour purport and effect of his Graces said Commission with Instructions to them
likewise and also there insert every Person 's Name that shall be so wedded christened and buried and for the safe keeping of the same Book the Parish shall be bound to provide of their common charges one sure Coffer with two Locks and Keys whereof the one to remain with you and the other with the Wardens of every such Parish wherein the said Book shall be laid up which Book ye shall every Sunday take forth and in the presence of the said Wardens or one of them write and record in the same all the Weddings Christenings and Buryings made the whole week afore and that done to lay up the Book in the said Coffer as afore And for every time that the same shall be omitted the Party that shall be in the fault thereof shall forfeit to the said Church 3 s. 4 d. to be employed on the reparation of the said Church Item That ye shall every quarter of a year read these and the other former Injunctions given unto you by the Authority of the King's Highness openly and deliberately before all your Parishioners to the intent that both you may be the better admonished of your duty and your said Parishioners the more incited to ensue the same for their part Item Forasmuch as by a Law established every Man is bound to pay the Tithes no Man shall by colour of duty omitted by their Curats detain their Tithes and so redouble one wrong with another or be his own Judg but shall truly pay the same as hath been accustomed to their Parsons and Curats without any restraint or diminution and such lack or default as they can justly find in their Parsons and Curats to call for reformation thereof at their Ordinaries and other Superiors hands who upon complaint and due proof thereof shall reform the same accordingly Item That no Person shall from henceforth alter or change the order and manner of any Fasting-day that is commanded and indicted by the Church nor of any Prayer or of Divine Service otherwise than is specified in the said Injunctions until such time as the same shall be so ordered and transported by the Kings Highness's Authority The Eves of such Saints whose Holy-days be abrogâ—ted be only excepted which shall be declared henceforth to be no Fasting-days excepted also the commemoration of Thomas Becket some-time Arch-Bishop of Canterbury which shall be clean omitted and in the stead thereof the Ferial Service used Item That the knolling of the Avies after Service and certain other times which hath been brought in and begun by the pretence of the Bishop of Rome's pardon henceforth be left and omitted lest the People do hereafter trust to have pardon for the saying of their Avies between the said knolling as they have done in times past Item Where in times past Men have used in divers places in their Processions to sing Ora pro nobis to so many Saints that they had no time to sing the good Suffrages following as Parce nobis Domine and Libera nos Domine it must be taught and preached that better it were to omit Ora pro nobis and to sing the other Suffrages All which and singular Injunctions I minister unto you and your Successors by the King's Highness Authority to me committed in this part which I charge and command you by the same Authority to observe and keep upon pain of Deprivation Sequestration of your Fruits or such other coercion as to the King's Highness or his Vice-gerent for the time being shall seem convenient These are also in the Bp. of London's Register Fol. 29 30. with Bonner's Mandate to his Arch-Deacons for observing them 30 Sept. 1541. Anno Regn. 32. XII Injunctions given by Thomas Arch-Bishop of Canterbury to the Parsons Vicars and other Curats in his Visitation kept sede vacante within the Diocess of Hereford Anno Domini 1538. I. FIrst That ye and every one of you shall with all your diligence and faithful obedience observe and cause to be observed all and singular the King's Highness Injunctions by his Graces Commissaries given in such places as they in times past have visited II. Item That ye and every one of you shall have by the first day of August next coming as well a whole Bible in Latin and English or at the least a New Testament of both the same Language as the Copies of the King's Highness Injunctions III. Item That ye shall every day study one Chapter of the said Bible or New Testament conferring the Latin and English together and to begin at the first part of the Book and so to continue until the end of the same IV. Item That ye or none of you shall discourage any Lay-Man from the reading of the Bible in English or Latin but encourage them to that admonishing them that they so read it for reformation of their own Life and knowledg of their Duty and that they be not bold or presumptuous in judging of Matters afore they have perfect knowledg V. Item That ye both in your Preaching and secret Confession and all other works and doings shall excite and move your Parishioners unto such Works as are commanded expresly of God for the which God shall demand of them a strict reckoning and all other Works which Men do of their own Will or Devotion to teach your Parishioners that they are not to be so highly esteemed as the other and that for the not doing of them God will not ask any accompt VI. Item That ye nor none of you suffer no Friar or Religious Man to have any Cure or Service within your Churches or Cures except they be lawfully dispensed withal or licensed by the Ordinary VII Item That ye and every one of you do not admit any young Man or Woman to receive the Sacrament of the Altar which never received it before until that he or she openly in the Church after Mass or evening Song upon the Holy-day do recite in the vulgar Tongue the Pater Noster the Creed and the Ten Commandments VIII Item That ye and every one of you shall two times in a quarter declare to your Parishioners the Band of Matrimony and what great danger it is to all Men that useth their Bodies but with such Persons as they lawfully may by the Law of God And to exhort in the said Times your Parishioners that they make no privy Contracts as they will avoid the extream pain of the Laws used within the King's Realm by his Graces Authority XIII A Letter of Cromwell's to the Bishop of Landaff directing him how to proceed in the Reformation An Original AFter my right hearty Commendations to your Lordship ye shall herewith receive the King's Highness Letters addressed unto you to put you in remembrance of his Highness travels and your duty touching order to be taken for Preaching to the intent the People may be taught the Truth and yet not charged at the beginning with over-many Novelties the publication whereof unless the same be tempered and
dread and fear to detect or accuse such detestable known Hereticks the particularities and specialities of which said abominable Heresies Errors and Offences committed and done by the said Thomas Cromwell being over-tedious long and of too great number here to be expressed declared or written And to the intent to have those damnable Errors and Heresies to be inculcated impressed and infixed in the Hearts of your Subjects as well contrary to God's Laws as to your Laws and Ordinances Most Gracious Soveraign Lord the same Thomas Cromwell Earl of Essex hath allured and drawn unto him by Retainours many of your Subjects sunderly inhabiting in every of your said Shires and territories as well erroneously perswading and declaring to them the Contents of the false erroneous Books above-written to be good true and best standing with the most Holy Word and Pleasure of God as other his false and heretical Opinions and Errors whereby and by his Confederacies therein he hath caused many of your faithful Subjects to be greatly infected with Heresies and other Errors contrary to the right Laws and Pleasure of Almighty God And the same Thomas Cromwell Earl of Essex by the false and traiterous means above-written supposing himself to be fully able by force and strength to maintain and defend his said abominable Treasons Heresies and Errors not regarding his most bounden Duty to Almighty God and his Laws nor the natural Duty of Allegiance to your Majesty in the last day of March in the 30 year of our most gracious Reign in the Parish of St. Peter the Poor within your City of London upon demonstration and declaration then there made unto him that there were certain new Preachers as Robert Barnes Clerk and other whereof part been now committed to the Tower of London for preaching and teaching of leud Learning against your Highness's Proclamations the same Thomas affirming the same preaching to be good most detestably arrogantly erroneously wilfully maliciously and traiterously expresly against your Laws and Statutes then and there did not lett to declare and say these most traiterous and detestable words ensuing amongst other words of like matter and effect that is to say That if the King would turn from it yet I would not turn And if the King did turn and all his People I would fight in the Field in mine own Person with my Sword in my hand against him and all others and then and there most traiterously pulled out his Dagger and held it on high saying these words 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 lie in the King's Power to resist or lett it if he would And further then and there swearing by a great Oath traiterously affirmed the same his traiterous saying and pronunciation of words saying I will do so indeed extending up his Arm as though he had had a Sword in his Hand to the most perrilous grievous and wicked Example of all other your loving faithful and obedient Subjects in this your Realm and to the peril of your most Royal Person And moreover our most Gracious Soveraign Lord the said Thomas Cromwell Earl of Essex hath acquired and obtained into his possession by Oppression Bribery Extort Power and false Promises made by him to your Subjects of your Realm innumerable Sums of Mony and Treasure and being so enriched hath had your Nobles of your Realm in great disdain derision and detestation as by express words by him most opprobriously spoken hath appeared And being put in remembrance of others of his estate which your Highness hath called him unto offending in like Treasons the last day of Ianuary in the 31 year of your most noble Reign at the Parish of St. Martin in the Field in the County of Middlesex most arrogantly willingly maliciously and traiterously said published and declared That if the Lords would handle him so that he would give them such a Break-fast as never was made in England and that the proudest of them should know to the great peril and danger as well of your Majesty as of your Heirs and Successors For the which his most detestable and abominable Heresies and Treasons and many other his like Offences and Treasons over-long here to be rehearsed and declared Be it Enacted Ordained and Established by your Majesty with the Assent of the Lords Spiritual and Temporal and the Commons in this present Parliament assembled and by the Authority of the same That the said Thomas Cromwell Earl of Essex for his abominable and detestable Heresies and Treasons by him most abominably heretically and traiterously practised committed and done as well against Almighty God as against your Majesty and this your said Realm shall be and stand by Authority of this present Parliament convicted and attainted of Heresie and High Treason and be adjudged an abominable and detestable Heretick and Traitor and shall have and suffer such pains of death losses and forfeitures of Goods Debts and Chattels as in 〈◊〉 of Heresie and High Treason or as in cases of either of them at the pleasure of your most Royal Majesty And that the same Thomas Cromwell Earl of Essex shall by Authority abovesaid lose and forfeit to your Highness and to your Heirs and Successors all such his Castles Lordships Mannors Mesuages Lands Tenements Rents Reversions Remainders Services Possessions Offices Rights Conditions and all other his Hereditaments of what names natures or qualities soever they be which he the said Thomas Cromwell Earl of Essex or any other to his use had or ought to have had of any Estate of Inheritance in Fee-Simple or Fee-Tail in Reversion or Possession at the said last day of March in the said thirtieth Year of your most Gracious Reign or at any time sith or after as in Cases of High Treason And that all the said Castles Lordships Mannors Lands Mesuages Tenements Rents Reversions Remainders Services Possessions Offices and all other the Premisses forfeited as is abovesaid shall be deemed invested and adjudged in the lawful real and actual possession of your Highness your Heirs and Successors for ever in the same and such estate manner and form as if the said Castles Lordships Mannors Mesuages Lands Tenements Rents Reversions Remainders Services Possessions Offices and other the Premisses with their Appurtenances and every of them were specially or particularly founden by Office or Offices Inquisition or Inquisitions to be taken by any Escheator or Escheators or any other Commissioner or Commissioners by virtue of any Commission or Commissions to them or any of them to be directed in any County or Counties Shire or Shires within this your Realm of England where the said Castles and other the Premisses or any of them been or do lay and returned into any of your Majesties Courts Saving to all and singular Person and Persons Bodies politick and corporate their Heirs and Successors and their Successors and Assignes of
the Law of Nature to take the surer way or else he should seem to contemn his own Health which is unnatural Also because we be bound to love God above all things we ought by the same Bond to labour for his Grace and Favour So that because we be bound to love God and to love our selves in an Order to God we be bound to seek the best and surest Remedy to recover Grace for our selves Contrition is one way but because a Man cannot be well assured whether his Contrition Attrition or Displeasure for his sin be sufficient to satisfie or content Almighty God and able or worthy to get his Grace Therefore it is necessary to take that way that will not fail and by which thou mayest be sure and that is Absolution of the Priest which by Christ's promise will not deceive thee so that thou put no step or bar in the way as if thou do not then actually sin inwardly nor outwardly but intend to receive that the Church intendeth to give thee by that Absolution having the efficacity of Christ's promise Quorum Remiseritis c. Now the Priest can give thee no Absolution from that sin that he knoweth not therefore thou art bound for the causes aforesaid to confess thy sin This Scripture as Ancient Doctors expound it bindeth all Men to confess their secret deadly sins I say That such Confession is a thing most consonant to the Law of God and it is a wise point and a wholsome thing so for to do and God provoketh and allureth us thereto in giving the active Power to Priests to assoil in the words Quorum Remiseritis It is also a safer way for Salvation to confess if we may have a Priest Yet I think that confession is not necessarily deduced of Scripture nor commanded as a necessary precept of Scripture and yet is it much consonant to the Law of God as a thing willed not commanded To the fifteenth I think that only such as have not the knowledg of the Scripture whereby they may quiet their Consciences be bound to confess their secret deadly sins unto a Priest Howbeit no Man ought to contemn such Auricular Confession for I suppose it to be a Tradition Apostolical necessary for the unlearned Multitude A Man whose Conscience is grieved with mortal secret sins is bound by these words Quorum Remiseritis c. to confess his sin to a Priest if he may have him conveniently Eboracens Londinens Dayus Oglethorpus Coren Redmayn asserunt obligari Coxus Tresham Robertsonus dicunt non obligari si aliter Conscientiae illorum satisfieri queat Menevens nullo modo obligari Carliolens Symmons aiunt secundum veterum interpretationem hac Scriptura quemvis obligari peccatorem Roffens Herefordens Thirliby non respondent sed dubitant Leightonus solum indoctos obligari ad Confessionem Edgeworth tradit duplicem modum remissionis peccatorum per Contritionem sive Attritionem per Absolutionem quia nemo potest certus esse num attritio dolor pro peccato sufficiat ad satisfaciendum Deo obtinendam gratiam ideo tutissimam viam deligendam scilicet Absolutionem a Sacerdote quae per promissionem Christi est certa Absolvere non potest nisi cognoscat peccata Ergo peccata per Confessionem sunt illi revelanda In the eleventh Concerning Confession of our secret deadly sins The Bishops of York Duresme London Drs. Day Curren Oglethorp Redmayn Crayford say That Men be bound to confess them of their secret Sins Drs. Cox Tresham Robertson say They be not bound if they may quiet their Consciences otherwise The Bishop of St. Davids also saith That this Text bindeth no Man Dr. Leighton saith That it bindeth only such as have not the knowledg of Scripture The Bishop of Carlisle and Symmons say That by ancient Doctors exposition Men be bound by this Text to confess their deadly sins 16. Question Whether a Bishop or a Priest may excommunicate and for what Crimes And whether they only may Excommunicate by God's Law Answers A Bishop or a Priest by the Scripture is neither commanded nor forbidden to Excommunicate but where the Laws of any Region giveth him authority to Excommunicate there they ought to use the same in such Crimes as the Laws have such authority in and where the Laws of the Region forbiddeth them there they have no authority at all and they that be no Priests may also Excommunicate if the Law allow thereunto To the sixteenth The power to Excommunicate that is to dissever the Sinner from the communion of all Christian People and so put them out of the Unity of the Mystical Body for the time donec resipisâ—at is only given to the Apostles and their Successors in the Gospel but for what Crimes altho in the Gospel doth not appear saving only for disobedience against the Commandment of the Church yet we find example of Excommunication used by the Apostles in other cases As of the Fornicator by Paul of Hymeneus and Alexander for their Blaspemy by the same and yet of other Crimes mentioned in the Epistle of the said Paul writing to the Corinthians And again of them that were disobedient to his Doctrine 2 Thess. 3. We find also charge given to us by the Apostle St. Iohn that we shall not commune with them nor so much as salute him with Ave that would not receive his Doctrine By which it may appear that Excommunication may be used for many great Crimes and yet the Church at this day doth not use it but only for manifest disobedience And this kind of Excommunication whereby Man is put out of the Church and dissevered from the Unity of Christ's Mystical Body which Excommunication toucheth also the Soul no Man may use but they only to whom it is given by Christ. To the sixteenth I think that a Bishop may Excommunicate taking example of St. Paul with the Corinthian and also of that he did to Alexander and Hymeneus And with the Lawyers it hath been a thing out of Question That to Excommunicate solemnly appertaineth to a Bishop altho otherwise both inferior Prelates and other Officers yea and Priests too in notorious Crimes after divers Mens Opinions may Excommunicate semblably as all others that be appointed Governors and Rulers over any Multitude or Spiritual Congregation I answer affirmatively to the first part in open and manifest Crimes meaning of such Priests and Bishops as be by the Church authorized to use that power To the second part I answer That it is an hard Question wherein I had rather hear other Men speak than say my own Sentence for I find not in Scripture nor in the old Doctors that any Man hath given Sentence of Excommunication save only Priests but yet I think that it is not against the Law of God that a Lay-man should have authority to do it Divers Texts of Scripture seemeth by the Interpretation
of ancient Authors to shew that a Bishop or a Priest may Excommunicate open deadly sinners continuing in obstinacy with contempt I have read in Histories also that a Prince hath done the same Opinor Episcopum aut Presbyterum Excommunicare posse tanquam ministrum os Ecclesiae ab eadem mandatum habens Utrum vero id juris nulli nisi Sacerdotibus in mandatis dari possit non satis scio Excommunicandum esse opinor pro hujuscemodi criminibus qualia recenset Paulus 1 Cor. 5. si is qui frater nominatur est fornicator aut avarus aut idolis serviens aut maledicus aut ebriosus aut rapax cum hujusmodi ne cibum sumere c. A Bishop or a Priest as a publick Person appointed to that Office may excommunicate for all publick Crimes And yet it is not against God's Law for others than Bishops or Priests to Excommunicate A Bishop or a Priest may Excommunicate by God's Law for manifest and open Crimes Also others appointed by the Church tho they be no Priests may exercise the power of Excommunication Non solum Episcopus Excommunicare potest sed etiam tota Congregatio idque pro lethalibus criminibus ac publicis ê quibus scandalum Ecclesiae provenire potest Non tamen pro re pecuniaria uti olim solebant They may Excommunicate as appeareth 1 Cor. 5. 1 Tim. 1. and that for open and great Crimes whereby the Church is offended and for such Crimes as the Prince and Governours determine and thinketh expedient Men to be excommunicate for as appeareth in nonnullis Constitutionibus Iustiniani Whether any other may pronounce the Sentence but a Bishop or a Priest I am uncertain A Bishop or a Priest only may excommunicate a notorious and grievous Sinner or obstinate Person from the Communion of Christian People because it pertaineth to the Jurisdiction which is given to Priests Io. 26. Quorum Remiseritis c. et Quorum retinetis c. There is one manner of Excommunication spoken of 1 Cor. 5. which private Persons may use Si is qui frater nominatur inter vos est fornicator aut avarus aut idolis ferviens c. cum hujusmodi ne cibum quidem capiatis Excluding filthy Persons covetous Persons Braulers and Quarrellers out of their Company and neither to eat nor drink with them Whosoever hath a place under the Higher Power and is assigned by the same to execute his Ministry given of God he may Excommunicate for any Crime as it shall be seen to the High Power if the same Crime be publick A Bishop and Priest may Excommunicate by Scripture as touching for what Crimes I say for every open deadly sin and disobedience And as touching Whether only the Priest may Excommunicate I say not he only but such as the Church authorizes so to do To the sixteenth I say that a Bishop or a Priest having License and Authority of the Prince of the Realm may excommunicate every obstinate and inobedient Person for every notable and deadly sin And further I say That not only Bishops and Priests may Excommunicate but any other Man appointed by the Church or such as have authority to appoint Men to that Office may Excommunicate A Bishop or a Priest may Excommunicate an obstinate Person for publick Sins Forsomuch as the Keys be given to the whole Church the whole Congregation may Excommunicate which Excommunication may be pronounced by such a one as the Congregation does appoint altho he be neither Bishop nor Priest Menevens Herefordens Thirleby Dayus Leightonus Coxus Symmons Coren concedunt authoritatem excommunicandi etiam Laicis modo a Magistratu deputentur Eboracens Edgworth prorsus negant datum Laicis sed Apostolis eorum successoribus tantum Roffensis Redmanus Robertsonus ambigunt num detur Laicis Londinens non respondet Quaestioni Oglethorpus Thirliby aiunt Ecclesiae datam esse potestatem Excommunicandi Idem Treshamus In the sixteenth Of Excommunication they do not agree The Bishops of York Duresme and Dr. Edgworth say That Lay-men have not the authority to Excommunicate but that it was given only unto the Apostles and their Successors The Bishops of Hereford St. Davids Westminster Doctors Day Coren Leighton Cox Symmons say That Lay-men may Excommunicate if they be appointed by the High Ruler My Lord Elect of Westminster Dr. Tresham and Dr. Oglethorp say further That the Power of Excommunication was given to the Church and to such as the Church shall institute 17. Question Whether Unction of the Sick with Oil to remit Venial Sins as it is now used be spoken of in the Scripture or in any ancient Authors Answers UNction of the Sick with Oil to remit Venial Sins as it is now used is not spoken of in the Scripture nor in any ancient Authors T. Cantuarien This is mine Opinion and Sentence at this present which I do not temerariously define but do remit the judgment thereof wholly unto your Majesty To the seventeenth Of Unction of the Sick with Oil and that Sins thereby be remitted St. Iames doth teach us but of the Holy Prayers and like Ceremonies used in the time of the Unction we find no special mention in Scripture albeit the said St. Iames maketh also mention of Prayer to be used in the Ministry of the same Edward Ebor. To the seventeenth I think that albeit it appeareth not clearly in Scripture whether the usage in extream Unction now be all one with that which was in the beginning of the Church Yet of the Unction in time of Sickness and the Oil also with Prayers and Ceremonies the same is set forth in the Epistle of St. Iames which place commonly is alledged and so hath been received to prove the Sacrament of extream Unction Ita mihi Edmundo Londinensi Episcopo pro hoc tempore dicendum videtur salvo judicio melius sentientis cui me prompte humiliter subjicio In Unction of them that be Sick with Oil and praying for them for remission of Sins is plainly spoken of in the Epistle of St. Iames but after what form or fashion the said Inunction was then used the Scripture telleth not Written on the back of the Paper The Bishop of Rochester's Book Extream Unction is plainly set out by St. Iames with the which maketh also that is written in the 6 th of St. Mark after the mind of right good ancient Doctors Robert Carliolen De Unctione Infirmorum nihil reperio in Scripturis praeter id quod scribitur Marc. 6. Jacob. 5. Thomas Robertson T. Cantuarien Unction of the Sick with Oil consecrat as it is now used is not spoken of in Scripture Richardus Cox Unction of the Sick with praying for them is found in Scripture George Day Opiniones non Assertiones De Unctione Infirmorum cum oleo adjecta Oratione expressa mentio est in
whosesoever Daughter she was she should be his Wife and upon that Sir Thomas instructed his Daughter how she should hold the King in her toils Sir Thomas must have thought the King had an ill memory if he had forgot such a Story but the one part of this makes him afraid that the King should marry his Daughter and the other part makes him afraid they should miss their hopes in it Not to mention how little likely it is that a King of such high vanity would have done that which the privatest Person has an aversion to I mean the marrying the Daughter of one whom they know to be a common Prostitute 23. He says Wolsey before his return from France sent Gambara to the Pope desiring him to name himself Vicar of the Papacy during his captivity This was not done till almost a year after this and the motion was sent by Staphileus Dean of the Rota for which see pag. 50. 24. He says None but ill Men and ignorant Persons wrote against the Marriage but all learned and good Men wrote for it The whole Doctors of the Church in all Ages were against it and no Doctor ancienter than Cajetan could ever be found to have writ for it 25. He says That tho great endeavours were used to perswade Sir Tho. More of the unlawfulness of the marriage all was in vain Is it probable that the King would have made him Lord Chancellor when he was so earnest in this business if he had not known that he would have gone along with him in it By one of his Letters to Cromwel out of the Tower it appears that he approved the Divorce and had great hopes of success in it as long as it was prosecuted at Rome and founded on the defects in the Bull. And in the 22 d year of the King's Reign when the Opinions of the Universities and the Books of Learned Men were brought to England against the Marriage he carried them down to the House of Commons and made read them there after which he desired they would report in their Country what they had heard and seen and then all Men would openly perceive that the King had not attempted this matter of his Will and Pleasure but only for the discharge of his Conscience More was a Man of greater integrity than to have said this if he had thought the Marriage good so that he has either afterwards changed his mind or did at this time dissemble too artificially with the King 26. After a long flourish about the King 's secret fears and apprehensions and the perplexities the Cardinal was in which must pass for a piece of his Wit that is to say Lying for he knew none of their thoughts He says That Gardiner and Sir Francis Brian were sent to the Pope together Gardiner being then Secretary of State In this there are only three gross mistakes First Gardiner was not sent with the first Message to the Pope Secretary Knight carried it 2. Sir Francis Brian went never to Rome with Gardiner It is true a year after the commencing the Sute Sir Francis Brian was sent to Rome and about a month after him Gardiner was also sent so tho they were both together at Rome yet they were not sent thither together 3. Gardiner was not Secretary of State but was Wolsey's Secretary when he went first to Rome and was made a Privy Counsellor when he was sent thither the second time and was not Secretary of State till some months after his return from his Journey the last time 27. He says They made the Pope believe that the Queen would willingly retire into a Monastery This was on the contrary a contrivance of the Popes who thought it the easiest way to bring the Matter to a good issue but in England they had no hopes of it and so always diverted the motion when it was proposed by the Pope 28. He says ' The Pope said he would consult with some Cardinals and Divines and do all that he could lawfully do to give the King satisfaction Upon the first motion of it the Pope frankly granted the King's desire and gave a Bull with a Commission upon it And only consulted some Cardinals about the methods of doing it And did assure the King that he would not only do every thing that could be granted in Law or Justice but whatsoever he could grant out of the fulness of his Power It is true afterwards when the Pope changed his measures and resolved to agree with the Emperor he pretended he understood not these things himself but would needs turn it over upon the Cardinals and Divines 29. He says All the Cardinals were of a mind that the Marriage was good Cardinal Sanctorum Quatuor by the force of that mighty Argument of 4000 Crowns changed his mind All the other Cardinals were forward in granting the King's desires for which he wrote them a Letter of Thanks 30. He says The Pope granted the Commission to the two Legats not doubting but it was true that had been told him of the Queens readiness to go into a Monastery The Pope knew she would not yield to any such thing but when he granted that Commission he sent with Campegio a Decretal Bull annulling the Marriage and sent afterwards a promise never to avocate the Process but to confirm what Sentence the Legats should give tho soon after he broke his promise most signally And since he had often dispensed with others for breaking their Faith he might think that it was hard to deny him the same priviledg for himself 31. He says The Pope understanding that the Queen did not consent to the Propositions that were made and that he had been abused sent after Campegio when he was on his Journey that he should not proceed to a Sentence without a new order The Pope sent Campana to England after Campegio to assure the King he would do every thing for him that he could do out of the fulness of his Power And ordered the same Person to charge Cardinal Campegio to burn the Decretal Bull which he had sent by him In all which the Pope as appears by the Original Letters was only governed by politick Maxims and considered nothing but the dangers himself was like to fall in tho Sanders would perswade us he was ready to run the hazard of all these 32. He says The King by his Letters to the Pope did at the same time that he was moving scruples about his own Marriage transact about a Dispensation for a marriage betwixt his own natural Son the Duke of Richmond and his Daughter the Lady Mary Tho the whole Dispatches at that time both to and from Rome be most happily preserved there is not the least mention of any such design and can any body think that if any such motion had been made the Pope would not have taken great advantages from it and that these Letters would not
perfectly and truly repentant and contrite of all their sins before committed and also perfectly and constantly confessing and believing all the Articles of our faith according as it was mentioned in the Article before or else not And Finally if they shall also have firm credence and trust in the promise of God adjoyned to the said Sacrament that is to say that in and by this said Sacrament which they shall receive God the Father giveth unto them for his Son Jesus Christs sake remission of all their sins and the Grace of the Holy Ghost whereby they be newly regenerated and made the very Children of God according to the saying of Christ and his Apostle St. Peter Paenitentiam agite Baptizetur vnusquisque vestrum in nomine Iesu Christi in remissionem peccatorum accipietis donum Spiritus Sancti and according also to the saying of St. Paul ad Titum 3. non ex operibus justitiae quae fecimus nos sed secundum suam misericordiam salvos nos fecit per lavacrum regenerationis renovationis Spiritus Sancti quem effudit in nos opulenter per Iesum Christum servatorem nostrum ut justificati illius gratia haeredes efficiamur juxta spem vitae aeternae The Sacrament of Penance THirdly Concerning the Sacrament of Pennance We will that all Bishops and Preachers shall instruct and teach our people committed by us unto their Spiritual charge that they ought and must most constantly believe that that Sacrament was instituted of Christ in the New Testament as a thing so necessary for mans Salvation that no man which after his Baptism is fallen again and hath committed deadly sin can without the same be saved or attain everlasting Life Item That like-as such men which after Baptism do fall again into sin if they do not Pennance in this Life shall undoubtedly be damned even so whensoever the same men shall convert themselves from the said naughty Life and do such Pennance for the same as Christ requireth of them they shall without doubt attain remission of their sins and shall be saved Item That this Sacrament of perfect Pennance which Christ requireth of such manner of persons consisteth of three parts that is to say Contrition Confession with the amendment of the former Life and a new obedient reconciliation unto the Laws and will of God that is to say exteriour Acts in works of Charity according as they be commanded of God which be called in Scripture fructus digni Paenitentia Furthermore as touching Contrition which is the first part We will that all Bishops and Preachers shall instruct and teach our people committed by us unto their Spiritual charge that the said Contrâ—tion consisteth in two special parts which must always be conjoined together and cannot be dissevered that is to say the penitent and contrite man must first knowledg the filthiness and abomination of his own sin whereunto he is brought by hearing and considering of the will of God declared in his Laws and feeling and perceiving in his own conscience that God is angry and displeased with him for the same he must also conceive not only great sorrow and inward shame that he hath so grievously offended God but also great fear of Gods displeasure towards him considering he hath no works or merits of his own which he may worthily lay before God as sufficient satisfaction for his sins which done then afterwards with this fear shame and sorrow must needs succeed and be conjoyned The second part viz. a certain faith trust and confidence of the mercy and goodness of God whereby the penitent must conceive certain hope and faith that God will forgive him his sins and repute him justified and of the number of his Elect children not for the worthiness of any merit or work done by the penitent but for the only merits of the blood and passion of our Saviour Jesus Christ. Item That this certain faith and hope is gotten and also confirmed and made more strong by the applying of Christs words and promises of his grace and favour contained in his Gospel and the Sacraments instituted by him in the new Testament and therefore to attain this certain faith the second part of Pennance is necessary that is to say Confession to a Priest if it may be had for the Absolution given by the Priest was institute of Christ to apply the promises of Gods grace and favour to the Penitent Wherefore as touching Confession We will that all Bishops and Preachers shall instruct and teach our people committed by us to their spiritual charge that they ought and must certainly believe that the words of Absolution pronounced by the Priest be spoken by the Authority given to him by Christ in the Gospel Item That they ought and must give no less faith and credence to the same words of Absolution so pronounced by the Ministers of the Church than they would give unto the very words and voyce of God himself if he should speak unto us out of Heaven according to the saying of Christ Quorum remiseritis peccata c. qui vos audit me audit Item That in no ways they do contemn this Auricular Confession which is made unto the Ministers of the Church but that they ought to repute the same a verry expedient and necessary mean whereby they may require and ask this Absolution at the Priests hands at such time as they shall find their consciences grieved with mortal sin and have occasion so to do to the intent they may thereby attain certain comfort and consolation of their consciences As touching the third part of Penance We will that all Bishops and Preachers shall instruct and teach our people committed by us to their spiritual charge that although Christ and his death be the sufficient oblation sacrifice satisfaction and recompence for the which God the Father forgiveth and remitteth to all sinners not only their sin but also Eternal pain due for the same yet all men truly penitent contrite and confessed must needs also bring forth the fruits of Penance that is to say Prayer Fasting Almsdeeds and must make Restitution or Satisfaction in will and deed to their neighbour in such things as they have done them wrong and injury in and also must do all other good works of mercy and charity and express their obedient will in the executing and fulfilling of Gods Commandments outwardly when time power and occasion shall be Ministred unto them or else they shall never be saved for this is the express precept and commandment of God Agite fructus dignos paenitentia and St. Paul saith Debitores sumus and in another place he saith Castigo corpus meum in servitutem redigo Item That these precepts and works of Charity be necessary works to our Salvation and God necessarily requireth that every penitent man shall perform the same whensoever time power and occasion shall be ministred unto him so to do Item That by Penance and such good
grant that the Article of Priests Marriage may be openly disputed in both Universities under indifferent Judges before it be determined All the Arguments of the contrary party first to be delivered in writing to the defenders twelve days before the disputation to the intent they may the more maturely and deliberately make answer to the same and they that shall enter as defenders into this disputation to do it under this condition that if their Judges decern them to be overcome they be right well contented to suffer death therefore And if their adversaries cannot prove their purpose their desire is no more but that it may please your Highness to leave your most humble Subjects to the liberty that Gods Word permitteth them in that behalf and your said humble Subjects shall pray unto Almighty God for the preservation of your most Royal Estate long to continue to Gods Glory and Honour V. A Declaration made of the Functions and Divine Institution of Bishops and Priests AN ORIGINAL AS touching the Sacrament of Holy Orders we will that all Bishops and Preachers shall instruct and teach our people committed by us unto their spiritual charge First How that Christ and his Apostles did institute and Ordain in the New Testament that beside the Civil Powers and governance of Kings and Princes which is called in Scripture potestas gladij the Power of the Sword there should be also continually in the Church Militant certain other Ministers or Officers which should have Spiritual Power Authority and commission under Christ to Preach and teach the Word of God unto his people and to dispence and administer the Sacraments of God unto them and by the same to confer and give the grace of the Holy Ghost to consecrate the blessed body of Christ in the Sacrament of the Altar to loose and absoil from sin all persons which be duly penitent and sorry for the same to bind and excommunicate such as be guilty in manifest crimes and sins and will not amend their defaults to order and consecrate others in the same room Order and Office whereunto they be called and admitted themselves and finally to feed Christs people like good Pastors and Rectors as the Apostles calleth them with their wholsome doctrine and by their continual exhortations and monitions to reduce them from sin and iniquity so much as in them lyeth and to bring them unto the perfect knowledg the perfect love and dread of God and unto the perfect charity of their neighbours Item that this Office this Ministration this Power and Authority is no tyrannical Power having no certain Laws or Limits within the which it ought to be contained nor yet none absolute Power but it is a moderate Power subject determined and restrained unto those certain Limits and ends for the which the same was appointed by Gods Ordinance which as was said before is only to administer and distribute unto the members of Christs Mystical body spiritual and everlasting things that is to say the pure and heavenly doctrine of Christs Gospel and the graces conferred in his Sacraments And therefore this said Power and administration is called in some places of Scripture donum Gratia a gift and a grace in some places it is called Claves sive potestas clavium that is to say the keys or the Power of the keys whereby is signified a certain limited Office restrained unto the execution of a special Function or Ministration according to the saying of St. Paul in his first Chap. of his Epistle to the Romans and in the fourth Chap. of his first Epistle to Timothy and also in the fourth Chap. of his Epistle to the Ephes. Where he writes in this Sentence Quum ascendisset Christus in altum captivam duxit captivitatem dedit dona hominibus dedit autem alios qâ—idem Apostolos alios vero Prophetas alios vero Evangelistas alios autem pastores ac doctores ad instaurationem sanctorum in opus administrationis in aedificationem corporis Christi donec perveniamus omnes in unitatâ—m fidei agnitionis filii Dei in virum perfectum in mensuram aetatis plene adultae Christi That is to say when Christ ascended into Heaven he subdued and vanquished very captivity her self and led or made her thrall and captive and distributed and gave divers heavenly gifts and graces unto men here on earth and among all he made some the Apostles some Priests some Evangelists some Pastors and Doctors to the intent they should execute the work and office of their administration to the instauration instruction and edifying of the members of Christs Mystical body And that they should also not cease from the Execution of their said Office until all the said members were not only reduced and brought unto unity of the Faith and the knowledg of the Son of God but also that they were come unto a perfect state and full age therein that is to say until they were so established and confirmed in the same that they could no more afterwards be wavering therein and be led or carryed like children into any contrary doctrine or opinion by the craft or subtile perswasion of the false Pastors and Teachers which go about by craft to bring them into erroneous opinions but that they should constantly follow the true Doctrine of Christs Gospel growing and encreasing continually by charity unto a perfect member of that body whereof Christ is the very head in whom if the whole body that is to say if every part and member be grown and come unto his perfect estate not all in like but only one according to the gift and quality which is deputed unto it and so to be compacted united and corporated together in the said body no doubt buâ— that whole body and every part thereof shall thereby be made â—he more perfect and the more strong by reason of that natural love and charity which one member so united in the body hath unto the other by which words it appeareth evidently not only that St Paul accounted and numbred this said Power and Office of the Pastors and Doctors among the proper and special gifts of the Holy Ghost but also it appeareth that the same was a limited power and Office ordained specially and only for the causes and purposes before rehearsed Item That this Power Office and Administration is necessary to be preserved here in Earth for three special and principal causes First for that it is the Commandment of God it should be so as it appeareth in sundry places of Scripture Secondly for that God hath instituted and ordained none other ordinary mean or instrument whereby he will make us partakers of the reconciliation which is by Christ and confer and give the graces of his holy Spirit unto us and make us the right inheritors of everlasting Life there to Reign with him for ever in glory but only his words and Sacraments and therefore the Office and Power to Minister the said Word and
well And whereas for the Vertue Learning and good Qualities which we saw and perceived heretofore in you judging you thereby a Personage that would sincerely devoutly purely and plainly set forth the Word of God and instruct our People in the truth of the same after a simple and plain sort for their better instruction unity quiet and agreement in the points thereof we advanced you to the room and office of a Bishop within this our Realm and so endowed you with great Revenues and Possessions perceiving after by the contrariety of preaching within this our Realm our said People were brought into a diversity of Opinion whereby there ensued contention amongst them which was only engendred by a certain contemptuous manner of speaking against honest laudable and tolerable Ceremonies Usages and Customs of the Church we were enforced by our sundry Letters to admonish and command you amongst others to preach God's Word sincerely to declare abuses plainly and in no wise contentiously to treat of matters indifferent which be neither necessary to our Salvation as the good and vertuous Ceremonies of Holy Church ne yet to be in any wise contemned and abrogated for that they be incitements and motions to Vertue and allurements to Devotion all which our travail notwithstanding so little regard was by some taken and adhibited to our advertisements therein that we were constrained to put our own Pen to the Book and to conceive certain Articles which were by all you the Bishops and whole Clergy of this our Realm in Convocation agreed on as Catholick meet and necessary to be by our Authority for avoiding of all contention set forth read and taught to our Subjects to bring the same in unity quietness and good concord supposing then that no Person having Authority under us would either have presumed to have spoken any word that might have offended the sentence and meaning of the same or have been any thing remiss slack or negligent in the plain setting forth of them as they be conceived so as by that mean of abstinence such quiet and unity should not grow thereupon as we desired and looked for of the same and perceiving eft-soons by credible report that our labours travail and desire therein is nevertheless defeated and in manner by general and contemptuous words spoken by sundry light and seditious Persons contemned and despised so that by the abstinence of direct and plain setting-forth of the said Articles and by the fond and contentious manner of speaking that the said light Personages do still use against the honest Rites Customs Usages and ceremonial Things of the Church our People be much more offended than they were before and in a manner exclaim that we will suffer that injury at any Man's hand whereby they think both God us and our whole Realm highly offended insomuch that principally upon that ground and for the Reformation of those Follies and Abuses they have made this commotion and insurrection and have thereby grievously offended us dammaged themselves and troubled many of our good Subjects We be now enforced for our discharge towards God and for the tender love and zeal we bear unto the tranquillity and loving unity of our said People and Subjects again to readdress these our Letters to all the Bishops of our Realm and amongst other unto you as a peremptory warning to admonish you to demean and use your self for the redobbying of these things as shall be hereafter declared upon pain of deprivation from the Bishoprick and further to be punished for your contempt if you shall offend in the contrary as Justice shall require for your own Trespass And first we straitly charge and command you that plainly and distinctly without any additions ye shall every Holy day wheresoever ye shall be within your Diocess when ye may so do with your health and convenient commodity openly in your Cathedral Church or the Parish Church of the place where ye shall for time be read and declare our Articles and in no wise in the rest of your words which ye shall then speak of your self if you speak any thing utter any word that shall make the same or any word in the same doubtful to the People Secondly We will and command you That you shall in your Person travel from place to place in all your Diocess as you may with your commodity and endeavour your selves every Holy-day to make a Collation to the People and in the same to set forth plainly the Texts of Scripture that you shall treat of and with that also as well to declare the obedience due by God's Laws to their Prince and Soveraign Lord against whose commandment they ought in no wise though the same were unjust to use any violence as to commend and praise honest Ceremonies of the Church as they be to be praised in such plain and reverent sort that the People may perceive they be not contemned and yet learn how they were instituted and how they ought to be observed and esteemed using such a temperance therein as our said People be not corrupted by putting over-much affiance in them which a part should more offend than the clear silencing of the same and that our People may thereto the better know their duties to us being their King and Soveraign Lord. Thirdly We straitly charge and command you That neither in your private communications you shall use any words that may sound to the contrary of this our Commandment ne you shall keep or retain any Man of any degree that shall in his words privatly or openly directly or indirectly speak in these matters of the Ceremonies contentiously or contemptously but we will that in case ye have or shall have towards you any such Person that will not better temper his Tongue you shall as an Offender and a Seductor of our People send the same in sure custody to us and our Council to be punished as shall appertain and semblably to do with other Strangers whom ye shall hear to be notable offenders in that part Fourthly Our pleasure and commandment is That you shall on your behalf give strait commandment upon like pain of deprivation and further punishment to all Parsons Vicars Curats and Governors of Religious Houses Colledges and other places Ecclesiastical within your Diocess that they and every of them shall touching the indifferent praise of Ceremonies the avoiding of contentious and contemptous Communication concerning any of the same and the distinct and plain reading of our said Articles observe and perform in their Churches Monasteries and other Houses Ecclesiastical aforesaid the very same order that is before to you prescribed And further that you permit nor suffer any Man of what degree soever in learning Strangers or other to preach in any place within your said Diocess out of his own Church by virtue of any License by us or any other of our Ministers granted before the fifteenth day of this month neither in your presence nor elsewhere unless he be a
18. v. 16. Lev. 20.21 And in the New Mat. 14.4 1 Cor. 5. â— Lib. 4 to cont Marcionâ—â— The Authorities of Popes a ad omnes Galâ—iâ—e Episcopos b 30. Quaest. 3. cap. Pitanâ—m c De Pres. cap. cum in juventutem and Counciâ—s Can. 2. Chap. 5. 〈◊〉 61. Chap. 5. a And the Greek In 20. Levit. b Homil. 71. on 22. Mat. c Epist. ad Diodor. On Levit. 18. and 20. And the Latine Fathers a Lib. 8. Ep. 66. b Cont. Hâ—â—vidium c Cont. Faâ—st chap. 8 9 10. Quaest. 64. in Lev. Ad Bonifac Lib. 3. chap. 4. Lib. 15. de Civ Dâ—i chap. 16. And of the Modern Writers In Epist. ad Pium Fratâ—em e On 18. Lev. g Epist. ad Arch. Rotomag Epis. Sag. f Lib. 2. de Sacram. p. 2. chap. 5. Art 2. h Epist. 240. The Schoolmen 2 dâ— 2 dae Quaest. 154. art 9. In Tertiam Quaest. 54. art 3. In 4tam. dist 40. Q. 3. and 4. And Canonists Marriage compleated by Consent Violent presumptions of the Consummation of Prince Artâ—â—r's Marriage The Popes Dispensation of no force In Quodiâ— Lib. 4. Art 13. in 4 tam dist 15. Q. 3. art 2. Sâ—p Cap. Conjunctioniâ— 35. Q. 2. 3. Sup. Cap. Literas de Rest. Spons Cap. ad Audien Spousal Several Bishops refuse to submit to the Popes Decrees The Authority of Tradition The Arguments for the Marriage 1529. The Anwers made to h ese 1531. The Queen still intractable Hall A Session of Parliament Morâ— Convocation The whole Clergy sued in a Premâ—nire The Prerogative of the Kings of England in Ecclesiastical affairs The Encroachment of the Papacy Mat. Paris The Laws made against them 25 Edw. 1st repeated in the Stat. of Provisors 25. Edw. 3d. 25. Edward 3d. Statute of Provisors 27. Edward 3d. cap. 1st 38. Edward 3d. cap. 1st 3. Richard 2d cap. 3d. 12 Richard 2d cap. 15. 16. Richard 2d cap. 5. 2. Hen. 4. cap. 4. 6. Henry 4. cap. 1st 7. Hen. 4. cap. 6.8 17. Hen. 4. cap. 8. 4. Hen. 5. cap. 4. Ex MSS. D Petyt 1530. Reg. Chicâ—el Fol. 39. Collect. Numb 37. 1531. And to the King and Parliament Collect. Numb 38. Collect. Numb 39. But to no purpose Collect. Numb 40. The Clergy excuse themselves Yet they Compound And acknowledge the King Supreme Head of the Church of England Lord Heâ—bert Antiquit. Britanniae in vita Warham Printed in the Cabala The Commons desire to be included in the King's Pardon Hall Which thâ— King afterwards grants One Attainâ—â—ed for Poisoning 22. Hen. 8 Act. 16. Lord Herbert The King leaves the Queen A disorder among the Clergy of London about the Subsidy Hall The Pope falls off to the French Faction A Match projected between the Pope's Neece and the Duke of Orleance The Emperor is engaged in a War with â—he Turk 1532. The Parliament complains of the Ecclesiastical Courts Hall But reject a Bill about Wards The Commons Petition that they may be Dissolved 1532. The King's Answer An Act against Annates Collect. Numb 41. Parl. Rolls The Pope writes to the King about the Queens Appeal L. Herbert Collect. Numb 42. A Dispatch of the King to the Pope Sir Edward Karne sent to Rome His Negotiation there taken from the Original Letters Cott. lib. Viteli B. 13. The Cardinal of Ravenna corrupted by Bribes Collect. Numb 43. Collect. Numb 44. Collect. Numb 45. A Bull for erecting new Bishopricks The Pope desires the King would submit to him Collect. Numb 46. A Session of Parl. One moves for bringing the Queen to Court At which the King is offended A Subsidy is voted The King remits the Oaths which the Clergy swore to be considered by the Commons Their Oath to the Pope Their Oath to the King More laid down his Office An Enterveiw with the French King Eliot sent to Rome with Instructions Cott. Lib. Vil. B. 13. The King Married Anne Boâ—eyn Nov. 14. Cowper Holinsâ—ies and Sanders An enterview between Pope and Emperor Some overtures about the Divorce Lord Herbert 1533. A Session of Parliament An Act against Appeals to Rome 24. Hen. 8. Act 22. 1533. Warhams Death Aug. 23. The King resolves to promote Cranmer Fox Cranmers Bulls from Rome His Protestation about his Oath to the Pope Antiq. Brit. iâ— vita Cranmâ—â— 1532. New Endeavours to make the Queen submit But in vain 1533. Cranmer proceeds to a Sentence of Divorce taken from the Originals Cott. lib. Otho C. 1â— Collect. Numb 47. The Censures past at that time Cott. lib. Otho C. 10. The Pope unites himself to the French King And condemns the Kings proceedings in England Queen Elizabeth Born Sâ—p 7. An Interview between the Pope and Frâ—nch King at Marsâ—illâ—s The Pope promises to give Sentence for the King of England's Divorce Fidel. serv. Infidâ— subdit Responsio Bzovius The French King prevails with the King of England to submit to the Pope Which was well received at Rome Hist. Council of Trent by Padre Paule But the Imperialists opposed it 1531. And with great preparation procure a sentence against the King The King resolves to abolish the Popes Power in England Which had been much disputed there 1532. â—elerine Inglese Hall The Arguments upon which it was rejected 1533. 1534. The Arguments for the Kings Supremacy From the old Testament 1533. And the New And the Practises of the primitive Church And from Reason And from the Laws of England 1534. The Qualification of that Supremacy Necessary Erudition upon the Sacrament of Orders The necessity of extirpating the Popes Power Pains taken to satisfie Fisher about it The Origiâ—nal is in the Cott. lib. 〈◊〉 C. 10. Journal Procer The Act for taking away the Popes Power It is the Act 21 in the Statute Book 27 in the Record and 8 in the Journal The judgments past on that Act. Act about the Succession to the Crown 22 in the Statute Books 34 in the Reâ—ord 26 in the Journal The Oath about the Succesâ—ion Journal Procer Act about punishing Hereticks 14 in the Stâ—tute Book 33 in the Record 31 in the Journal The submission made by the Clergy to the King 19 in the Statute Book 25 in the Record Journal Procâ—r 〈…〉 26 in the Record Collect. â—umb 48. The Act about the Maid of Kâ—nt and her Complices 12 in Statute Book 31 in the Record 7 in the Journâ—â— See his Works paâ— 1435. The 〈…〉 of the 〈◊〉 Sâ—ow Stow. The Nuns speech at her death Hall Stow Fisher gently dealt with But is obstinate and intractable Collect. Numb 49. Cott. Lib. Cleopatâ—e E. 4. The Oath for the Succession generally sworn Orig. Cott. Lib. Otho C. â—â— Collect. Numb 50. Rot. Claus. Those last clausâ—◠〈◊〉 not in the other Writing More and Fisher refuse the Oath See his works p. 1428. Weavers Monuments page 504 and 506. And are proceeded against Another Session of Parliament The Kings Supremacy declared The Oath about the Succession conâ—iâ—med The first Fruits of Benefices given to the King Sundry