Chapter III: The Parliament of 1529 (2)

"On this we desire your high wisdom and learning to consider that albeit in the ordering of Christ's people, your Grace's subjects, God of His spiritual goodness assisteth his church, and inspireth by the Holy Ghost as we verily trust such rules and laws as tend to the wealth of his elect folk; yet upon considerations to man unknown, his infinite wisdom leaveth or permitteth men to walk in their infirmity and frailty; so that we cannot ne will arrogantly presume of ourselves, as though being in name spiritual men, we were also in all our acts and doings clean and void from all temporal affections and carnality of this world, or that the laws of the church made for spiritual and ghostly purpose be not sometime applied to worldly intent. This we ought and do lament, as becometh us, very sore. Nevertheless, as the evil deeds of men be the mere defaults of those particular men, and not of the whole order of the clergy, nor of the law wholesomely by them made; our request and petition shall be with all humility and reverence; that laws well made be not therefore called evil because by all men and at all times they be not well executed; and that in such defaults as shall appear such distribution may be used _ut unusquisque onus suum portet_, and remedy be found to reform the offenders; unto the which your Highness shall perceive as great towardness in your said orators as can be required upon declaration of particulars. And other answer than this cannot be made in the name of your whole clergy, for though _in multis offendimus omnes_, as St. James saith, yet not 'in omnibus offendimus omnes;' and the whole number can neither justify ne condemn particular acts to them unknown but thus. He that calleth a man ex officio for correction of sin, doeth well. He that calleth men for pleasure or vexation, doeth evil. Summoners should be honest men. If they offend in their office, they should be punished. To prove first [their faults] before men be called, is not necessary. He that is called according to the laws ex officio or otherwise, cannot complain. He that is otherwise ordered should have by reason convenient recompence and so forth; that is well to be allowed, and misdemeanour when it appeareth to be reproved.

"Item where they say in the same article that upon their appearance ex officio at the only pleasure of the ordinaries, they be committed to prison without bail or mainprize; and there they lie some half a year or more before they come to their deliverance; to this we answer,--

"That we use no prison before conviction but for sure custody, and only of such as be suspected of heresy, in which crime, thanked be God, there hath fallen no such notable person in our time, or of such qualities as hath given occasion of any sinister suspicion to be conceived of malice or hatred to his person other than the heinousness of their crime deserveth. _Truth it is that certain apostates, friars, monks, lewd priests, bankrupt merchants, vagabonds, and lewd idle fellows of corrupt intent, have embraced the abominable and erroneous opinions lately sprung in Germany_; and by them some have been seduced in simplicity and ignorance. Against these, if judgment has been exercised according to the laws of the church, and conformably to the laws of this realm, we be without blame. If we have been too remiss and slack, we shall gladly do our duty from henceforth. If any man hath been, under pretence of this [crime], particularly offended, it were pity to suffer any man to be wronged; and thus it ought to be, and otherwise we cannot answer, no man's special case being declared in the said petition.

"Item where they say further that they so appearing ex officio, be condemned to answer to many subtle questions by the which a simple, unlearned, or else a well-witted layman without learning sometimes is, and commonly may be trapped and induced into peril of open penance to their shame, or else [forced] to redeem their penance for money, as is commonly used; to this we answer that we should not use subtlety, for we should do all things plainly and openly; and if we do otherwise, we do amiss. We ought not to ask questions, but after the capacities of the man. Christ hath defended his true doctrine and faith in his Catholic church from all subtlety, and so preserved good men in the same, as they have not (blessed be God) been vexed, inquieted, or troubled in Christ's church. Thereupon evil men fall in danger by their own subtlety; we protest afore God we have neither known, read, nor heard of any one man damaged or prejudiced by spiritual jurisdiction in this behalf, neither in this realm nor any other, but only by his own deserts. Such is the goodness of God in maintaining the cause of his Catholic faith.

"Item where they say they be compelled to do open penance, or else redeem the same for money; as for penance, we answer it consisteth in the arbitre of a judge who ought to enjoin such penance as might profit for correction of the fault. Whereupon we disallow that judge's doing who taketh money for penance for lucre or advantage, not regarding the reformation of sin as he ought to do. But when open penance may sometimes work in certain persons more hurt than good, it is commendable and allowable in that case to punish by the purse, and preserve the fame of the party; foreseeing always the money be converted _in usus pios et eleemosynam_, and thus we think of the thing, and that the offenders should be punished.

"Item where they complain that two witnesses be admitted, be they never so defamed, of little truth or credence, adversaries or enemies to the parties; yet in many cases they be allowed by the discretion of the ordinaries to put the party defamed, ex officio, to open penance, and then to redemption for money; so that every of your subjects, upon the only will of the ordinaries or their substitutes, without any accuser, proved fame, or presentment, is or may be infamed, vexed, and troubled, to the peril of their lives, their shames, costs, and expenses:

"To this we reply, _the Gospel of Christ teacheth us to believe two witnesses; and as the cause is, so the judge must esteem the quality of the witness; and in heresy no exception is necessary to be considered if their tale be likely; which hath been highly provided lest heretics without jeopardy might else plant their_ _heresies in lewd and light persons, and taking exception to the witnesses, take boldness to continue their folly. This is the universal law of Christendom, and hath universally done good. Of any injury done to any man thereby we know not_.

"Item where they say it is not intended by them to take away from us our authority to correct and punish sins, and especially the detestable crime of heresy:

"To this we answer, in the prosecuting heretics we regard our duty and office whereunto we be called, and if God will discharge us thereof, or cease that plague universal, as, by directing the hearts of princes, and specially the heart of your Highness (laud and thanks be unto Him), His goodness doth commence and begin to do, we should and shall have great cause to rejoice; as being our authority therein costly, dangerous, full of trouble and business, without any fruit, pleasure, or commodity worldly, but a continued conflict and vexation with pertinacity, wilfulness, folly, and ignorance, whereupon followeth their bodily and ghostly destruction, to our great sorrow.

"Item where they desire that by assent of your Highness (if the laws heretofore made be not sufficient for the repression of heresy) more dreadful and terrible laws may be made; this We think is undoubtedly a more charitable request than as we trust necessary, considering that by the aid of your Highness, and the pains of your Grace's statutes freely executed, your realm may be in short time clean purged from the few small dregs that do remain, if any do remain.

"Item where they desire some reasonable declaration may be made to your people, how they may, if they will, avoid the peril of heresy. No better declaration, we say, can be made than is already by our Saviour Christ, the Apostles, and the determination of the church, which if they keep, they shall not fail to eschew heresy.

"Item where they desire that some charitable fashion may be devised by your wisdom for the calling of any of your subjects before us, that it shall not stand in the only will and pleasure of the ordinaries at their own imagination, without lawful accusation by honest witness, according to your law; to this we say that a better provision cannot be devised than is already devised by the clergy in our opinion; and if any default appear in the execution, it shall be amended on declaration of the particulars, and the same proved.

"Item where they say that your subjects be cited out of the diocese which they dwell in, and many times be suspended and excommunicate for light causes upon the only certificate devised by the proctors, and that all your subjects find themselves grieved with the excessive fees taken in the spiritual courts:

"To this article, for because it concerneth specially the spiritual courts of me the Archbishop of Canterbury, please it your Grace to understand that about twelve months past I reformed certain things objected here; and now within these ten weeks I reformed many other things in my said courts, as I suppose is not unknown unto your Grace's Commons; and some of the fees of the officers of my courts I have brought down to halves, some to the third part, and some wholly taken away and extincted; and yet it is objected to me as though I had taken no manner of reformation therein. Nevertheless I shall not cease yet; but in such things as I shall see your Commons most offended I will set redress accordingly, so as, I trust, they will be contented in that behalf. And I, the said archbishop, beseech your Grace to consider what service the doctors in civil law, which have had their practice in my courts, have done your Grace concerning treaties, truces, confederations, and leagues devised and concluded with outward princes; and that without such learned men in civil law your Grace could not have been so conveniently served as at all times you have been, which thing, perhaps, when such learned men shall fail, will appear more evident than it doth now. The decay whereof grieveth me to foresee, not so greatly for any cause concerning the pleasure or profit of myself, being a man spent, and at the point to depart this world, and having no penny of any advantage by my said courts, but principally for the good love which I bear to the honour of your Grace and of your realm. And albeit there is, by the assent of the Lords Temporal and the Commons of your Parliament, an act passed thereupon already, the matter depending before your Majesty by way of supplication offered to your Highness by your said Commons;[237] yet, forasmuch as we your Grace's humble chaplains, the Archbishops of Canterbury and York, be bounden by oath to be intercessors for the rights of our churches; and forasmuch as the spiritual prelates of the clergy, being of your Grace's parliament, consented to the said act for divers great causes moving their conscience, we your Grace's said chaplains show unto your Highness that it hath appertained to the Archbishops of Canterbury and York for the space of four hundred years or thereabouts to have spiritual jurisdiction over all your Grace's subjects dwelling within the provinces; and to have authority to call before them, not only in spiritual causes devolved to them by way of appeal, but also by way of querimony and complaint; which right and privilege pertaineth not only to the persons of the said archbishops, but also to the pre-eminences of their churches. Insomuch that when the archbishop of either of the sees dieth, the said privileges do not only remain to his successor (by which he is named Legatus natus), but also in the meantime of vacation the same privilege resteth in the churches of Canterbury and York; and is executed by the prior, dean and chapter of the said churches; and so the said act is directly against the liberty and privileges of the churches of Canterbury and York; and what dangers be to them which study and labour to take away the liberties and privileges of the church, whoso will read the general councils of Christendom and the canons of the fathers of the Catholic church ordained in that behalf, shall soon perceive. And further, we think verily that our churches, to which the said privileges were granted, can give no cause why the pope himself (whose predecessors granted that privilege) or any other (the honour of your Grace ever except) may justly take away the same privileges so lawfully prescribed from our churches, though we [ourselves] had greatly offended, abusing the said privileges. But when in our persons we trust we have given no cause why to lose that privilege, we beseech your Grace of your goodness and absolute power to set such orders in this behalf as we may enjoy our privileges lawfully admitted so long.

"Item where they complain that there is exacted and demanded in divers parishes of this your realm, other manner of tythes than hath been accustomed to be paid this hundred years past; and in some parts of this your realm there is exacted double tythes, that is to say, threepence, or twopence-halfpenny, for one acre, over and beside the tythe for the increase of cattle that pastureth the same:

"To this we say, that tythes being due by God's law, be so duly paid (thanked be God), by all good men, as there needeth not exaction in the most parts of this your Grace's realm. As for double tythes, they cannot be maintained due for one increase; whether in any place they be unduly exacted in fact we know not. This we know in learning, that neither a hundred years, nor seven hundred of non-payment, may debar the right of God's law. The manner of payment, and person unto whom to pay, may be in time altered, but the duty cannot by any means be taken away.

"Item where they say that when a mortuary is due, curates sometimes, before they will demand it, will bring citation for it; and then will not receive the mortuaries till they may have such costs as they say they have laid out for the suit of the same; when, indeed, if they would first have charitably demanded it, they needed not to have sued for the same, for it should have been paid with good will:

"We answer that curates thus offending, if they were known, ought to be punished, but who thus doeth we know not.

"Item where they say that divers spiritual persons being presented to benefices within this your realm, we and our ministers do take of them great sums of money and reward; we reply that this is a particular abuse, and he that taketh reward doeth not well; and if any penny be exacted above the accustomed rate and after convenient proportion, it is not well done. But in taking the usual fee for the sealing, writing, and registering the letters, which is very moderate, we cannot think it to be reputed as any offence; neither have we heard any priests in our days complain of any excess therein.

"And where they say in the same article that such as be presented be delayed without reasonable cause, to the intent that we the ordinaries may have the profit of the benefice during the vacation, unless they will pact and convent with us by temporal bonds, whereof some bonds contain that we should have part of the profit of the said benefice, which your said subjects suppose to be not only against right and conscience, but also seemeth to be simony, and contrary to the laws of God:

"To this we do say that a delay without reasonable cause, and for a lucrative intent, is detestable in spiritual men, and the doers cannot eschew punishment: but otherwise a delay is sometimes expedient to examine the clerk, and sometimes necessary when the title is in variance. All other bargains and covenants being contrary to the law ought to be punished, as the quality is of the offence more or less, as simony or inordinate covetousness.

"Item where they say that we give benefices to our nephews and kinsfolk, being in young age or infants, whereby the cure is not substantially looked into, nor the parishioners taught as they should be; we reply to this that the thing which is not lawful in others is in spiritual men more detestable. Benefices should be disposed of not _secundum carnem et sanguinem, sed secundum merita_. And when there is a default it is not authorised by the clergy as good, but reproved; whereupon in this the clergy is not to be blamed, but the default as it may appear must be laid to particular men.

"And where they say that we take the profit of such benefices for the time of the minority of our said kinsfolk, if it be done to our own use and profit it is not well; _if it be bestowed to the bringing up and use of the same parties_, or applied to the maintenance of the church and God's service, or distributed among the poor, we do not see but that it may be allowed.

"Item where they say that divers and many spiritual persons, not contented with the convenient livings and promotions of the church, daily intromit and exercise themselves in secular offices and rooms, as stewards, receivers, auditors, bailiffs, and other temporal occupations, withdrawing themselves from the good contemplative lives that they have professed, not only to the damage but also to the perilous example of your loving and obedient subjects; to this we your bedesmen answer that beneficed men may lawfully be stewards and receivers to their own bishops, as it evidently appeareth in the laws of the church; and we by the same laws ought to have no other. And as for priests to be auditors and bailiffs, we know none such.

"And where, finally, they, in the conclusion of their supplication, do repeat and say that forasmuch as there is at this present time, and by a few years past hath been much misdemeanour and violence upon the one part, and much default and lack of patience, charity, and good will on the other part; and marvellous discord in consequence of the quiet, peace, and tranquillity in which this your realm hath been ever hitherto preserved through your politic wisdom:

"To the first part as touching such discord as is reported, and also the misdemeanour which is imputed to us and our doings, we trust we have sufficiently answered the same, humbly beseeching your Grace so to esteem and weigh such answer with their supplication as shall be thought good and expedient by your high wisdom. Furthermore we ascertain your Grace as touching the violence which they seem to lay to our charge, albeit divers of the clergy of this your realm have sundry times been _rigorously handled, and with much violence entreated by certain ill-disposed and seditious persons of the lay fee, have been injured in their bodies, thrown down in the kennel in the open_ _streets at mid-day_, even here within your city and elsewhere, to the great rebuke and disquietness of the clergy of your realm, the great danger of the souls of the said misdoers, and perilous example of your subjects. Yet we think verily, and do affirm the same, that no violence hath been so used on our behalf towards your said lay subjects in any case; unless they esteem this to be violence that we do use as well for the health of their souls as for the discharge of our duties in taking, examining, and punishing heretics according to the law: wherein we doubt not but that your Grace, and divers of your Grace's subjects, do understand well what charitable entreaty we have used with such as have been before us for the same cause of heresy; and what means we have devised and studied for safeguard specially of their souls; and that charitably, as God be our judge, and without violence as [far as] we could possibly devise. In execution thereof, and also of the laws of the church for repression of sin, and also for reformation of mislivers, it hath been to our great comfort that your Grace hath herein of your goodness, assisted and aided us in this behalf for the zeal and love which your Grace beareth to God's church and to His ministers; especially in defence of His faith whereof your Grace only and most worthily amongst all Christian princes beareth the title and name. And for that marvellous discord and grudge among your subjects as is reported in the supplication of your Commons, we beseech your Majesty, all the premises considered, to repress those that be misdoers; protesting in our behalf that we ourselves have no grudge nor displeasure towards your lay subjects our ghostly children. We intreat your Grace of your accustomed goodness to us your bedemen to continue our chief protector, defender, and aider in and for the execution of our office and duty; specially touching repression of heresy, reformation of sin, and due behaviour and order of all your Grace's subjects, spiritual and temporal; which (no doubt thereof) shall be much to the pleasure of God, great comfort to men's souls, quietness and unity of all your realm; and, as we think, most principally to the great comfort of your Grace's Majesty. Which we beseech lowly upon our knees, so entirely as we can, to be the author of unity, charity, and concord as above, for whose preservation we do and shall continually pray to Almighty God long to reign and prosper in most honourable estate to his pleasure."

This was the bishops' defence; the best which, under the circumstances, they considered themselves capable of making. The House of Commons had stated their complaints in the form of special notorious facts; the bishops replied with urging the theory of their position, and supposed that they could relieve the ecclesiastical system from the faults of its ministers, by laying the sole blame on the unworthiness of individual persons. The degenerate representatives of a once noble institution could not perhaps be expected to admit their degeneracy, and confess themselves, as they really were, collectively incompetent; yet the defence which they brought forward would have been valid only so long as the blemishes were the rare exceptions in the working of an institution which was still generally beneficent. It was no defence at all when the faults had become the rule, and when there was no security in the system itself for the selection of worth and capacity to exercise its functions. The clergy, as I have already said, claimed the privileges of saints, while their conduct fell below the standard of that of ordinary men; and the position taken in this answer was tenable only on the hypothesis which it, in fact, deliberately asserted, that the judicial authority of the church had been committed to it by God Himself; and that no misconduct of its ministers in detail could forfeit their claims or justify resistance to them.

There is something touching in the bishops' evidently sincere unconsciousness that there could be real room for blame. Warham, who had been Archbishop of Canterbury thirty years, took credit to himself for the reforms which, under the pressure of public opinion, he had introduced, in the last few weeks or months; and did not know that in doing so he had passed sentence on a life of neglect. In the opinion of the entire bench no infamy, however notorious, could shake the testimony of a witness in a case of heresy; no cruelty was unjust when there was suspicion of so horrible a crime; while the appointment of minors to church benefices (not to press more closely the edge of the accusation) they admitted while they affected to deny it; since they were not ashamed to defend the appropriation of the proceeds of benefices occupied by such persons, if laid out on the education and maintenance of the minors themselves.

Yet these things were as nothing in comparison with the powers claimed for convocation; and the prelates of the later years of Henry's reign must have looked back with strange sensations at the language which their predecessors had so simply addressed to him. If the canons which convocation might think good to enact were not consistent with the laws of the Realm, "His Majesty" was desired to produce the wished-for uniformity by altering the laws of the Realm; and although the bishops might not submit their laws to His Majesty's approval, they would be happy, they told him, to consider such suggestions as he might think proper to make. The spirit of the Plantagenets must have slumbered long before such words as these could have been addressed to an English sovereign, and little did the bishops dream that these light words were the spell which would burst the charm, and bid that spirit wake again in all its power and terror.

The House of Commons in the mean time had not been idle. To them the questions at issue were unincumbered with theoretic difficulties. Enormous abuses had been long ripe for dissolution, and there was no occasion to waste time in unnecessary debates. At such a time, with a House practically unanimous, business could be rapidly transacted, the more rapidly indeed in proportion to its importance. In six weeks, for so long only the session lasted, the astonished church authorities saw bill after bill hurried up before the Lords, by which successively the pleasant fountains of their incomes would be dried up to flow no longer; or would flow only in shallow rivulets along the beds of the once abundant torrents, The jurisdiction of the spiritual courts was not immediately curtailed, and the authority which was in future to be permitted to convocation lay over for further consideration, to be dealt with in another manner. But probate duties and legacy duties, hitherto assessed at discretion, were dwarfed into fixed proportions,[238] not to touch the poorer laity any more, and bearing even upon wealth with a reserved and gentle hand. Mortuaries were shorn of their luxuriance; when effects were small, no mortuary should be required; when large, the clergy should content themselves with a modest share. No velvet cloaks should be stripped any more from strangers' bodies to save them from a rector's grasp;[239] no shameful battles with apparitors should disturb any more the recent rest of the dead.[240] Such sums as the law would permit should be paid thenceforward in the form of decent funeral fees for householders dying in their own parishes, and there the exactions should terminate.[241]

The carelessness of the bishops in the discharge of their most immediate duties obliged the legislature to trespass also in the provinces purely spiritual, and undertake the discipline of the clergy. The Commons had complained in their petition that the clergy, instead of attending to their duties, were acting as auditors, bailiffs, stewards, or in other capacities, as laymen; they were engaged in trade also, in farming, in tanning, in brewing, in doing anything but the duties which they were paid for doing; while they purchased dispensations for non-residence on their benefices; and of these benefices, in favoured cases, single priests held as many as eight or nine. It was thought unnecessary to wait for the bishops' pleasure to apply a remedy here. If the clergy were unjustly accused of these offences, a law of general prohibition would not touch them. If the belief of the House of Commons was well founded, there was no occasion for longer delay. It was therefore enacted[242]--"for the more quiet and virtuous increase and maintenance of divine service, the preaching and teaching the Word of God with godly and good example, for the better discharge of cures, the maintenance of hospitality, the relief of poor people, the increase of devotion and good opinion of the lay fee towards spiritual persons"--that no such persons thenceforward should take any land to farm beyond what was necessary, _bona fide_, for the support of their own households; that they should not buy merchandise to sell again; that they should keep no tanneries or brewhouses, or otherwise directly or indirectly trade for gain. Pluralities were not to be permitted with benefices above the yearly value of eight pounds, and residence was made obligatory under penalty in cases of absence without special reason, of ten pounds for each month of such absence. The law against pluralities was limited as against existing holders, each of whom, for their natural lives, might continue to hold as many as four benefices. But dispensations, either for non-residence or for the violation of any other provision of the act, were made penal in a high degree, whether obtained from the bishops or from the court of Rome.

These bills struck hard and struck home. Yet even persons who most disapprove of the Reformation will not at the present time either wonder at their enactment or complain of their severity. They will be desirous rather to disentangle their doctrine from suspicious connection, and will not be anxious to compromise their theology by the defence of unworthy professors of it.

The bishops, however, could ill tolerate an interference with the privileges of the ecclesiastical order. The Commons, it was exclaimed, were heretics and schismatics;[243] the cry was heard everywhere, of Lack of faith, Lack of faith; and the lay peers being constitutionally conservative, and perhaps instinctively apprehensive of the infectious tendencies of innovation, it seemed likely for a time that an effective opposition might be raised in the Upper House. The clergy commanded an actual majority in that House from their own body, which they might employ if they dared; and although they were not likely to venture alone on so bold a measure, yet a partial support from the other members was a sufficient encouragement. The aged Bishop of Rochester was made the spokesman of the ecclesiastics on this occasion. "My Lords," he said, "you see daily what bills come hither from the Commons House, and all is to the destruction of the church. For God's sake see what a realm the kingdom of Bohemia was; and when the church went down, then fell the glory of that kingdom. Now with the Commons is nothing but Down with the church, and all this meseemeth is for lack of faith only."[244] "In result," says Hall, "the acts were sore debated; the Lords Spiritual would in no wise consent, and committees of the two Houses sate continually for discussion." The spiritualty defended themselves by prescription and usage, to which a Gray's Inn lawyer something insolently answered, on one occasion, "the usage hath ever been of thieves to rob on Shooter's Hill, _ergo_, it is lawful." "With this answer," continues Hall, "the spiritual men were sore offended because their doings were called robberies, but the temporal men stood by their sayings, insomuch that the said gentlemen declared to the Archbishop of Canterbury, that both the exaction of probates of testaments and the taking of mortuaries were open robbery and thefts."

At length, people out of doors growing impatient, and dangerous symptoms threatening to show themselves, the king summoned a meeting in the Star-chamber between eight members of both Houses. The lay peers, after some discussion, conclusively gave way; and the bishops, left without support, were obliged to yield. They signified their unwilling consent, and the bills, "somewhat qualified," were the next day agreed to--"to the great rejoicing of the lay people, and the great displeasure of the spiritual persons."[245]

Nor were the House of Commons contented with the substance of victory. The reply to their petition had perhaps by that time been made known to them, and at any rate they had been accused of sympathy with heresy, and they would not submit to the hateful charge without exacting revenge. The more clamorous of the clergy out of doors were punished probably by the stocks; from among their opponents in the Upper House, Fisher was selected for special and signal humiliation. The words of which he had made use were truer than the Commons knew; perhaps the latent truth of them was the secret cause of the pain which they inflicted; but the special anxiety of the English reformers was to disconnect themselves, with marked emphasis, from the movement in Germany, and they determined to compel the offending bishop to withdraw his words.

They sent the speaker, Sir Thomas Audeley, to the king, who "very eloquently declared what dishonour it was to his Majesty and the realm, that they which were elected for the wisest men in the shires, cities, and boroughs within the realm of England, should be declared in so noble a presence to lack faith." It was equivalent to saying "that they were infidels, and no Christians--as ill as Turks and Saracens." Wherefore he "most humbly besought the King's Highness to call the said bishop before him, and to cause him to speak more discreetly of such a number as was in the Commons House."[246] Henry consented to their request, it is likely with no great difficulty, and availed himself of the opportunity to read a lesson much needed to the remainder of the bench. He sent for Fisher, and with him for the Archbishop of Canterbury, and for six other bishops. The speaker's message was laid before them, and they were asked what they had to say. It would have been well for the weak trembling old men if they could have repeated what they believed and had maintained their right to believe it. Bold conduct is ever the most safe; it is fatal only when there is courage but for the first step, and fails when a second is required to support it. But they were forsaken in their hour of calamity, not by courage only, but by prudence, by judgment, by conscience itself. The Bishop of Rochester stooped to an equivocation too transparent to deceive any one; he said that "he meant only the doings of the Bohemians were for lack of faith, and not the doings of the Commons House"--"which saying was confirmed by the bishops present." The king allowed the excuse, and the bishops were dismissed; but they were dismissed into ignominy, and thenceforward, in all Henry's dealings with them, they were treated with contemptuous disrespect. For Fisher himself we must feel only sorrow. After seventy-six years of a useful and honourable life, which he might have hoped to close in a quiet haven, he was launched suddenly upon stormy waters, to which he was too brave to yield, which he was too timid to contend against; and the frail vessel drifting where the waves drove it, was soon piteously to perish.

Thus triumphant on every side, the parliament, in the middle of December, closed its session, and lay England celebrated its exploits as a national victory. "The king removed to Greenwich, and there kept his Christmas with the queen with great triumph, with great plenty of viands, and disguisings, and interludes, to the great rejoicing of his people;"[247] the members of the House of Commons, we may well believe, following the royal example in town and country, and being the little heroes of the day. Only the bishops carried home sad hearts within them, to mourn over the perils of the church and the impending end of all things; Fisher, unhappily for himself, to listen to the wailings of the Nun of Kent, and to totter slowly into treason.

Here, for the present leaving the clergy to meditate on their future, and reconsider the wisdom of their answer to the king respecting the ecclesiastical jurisdiction (a point on which they were not the less certain to be pressed, because the process upon it was temporarily suspended), we must turn to the more painful matter which, for a time longer, ran parallel with the domestic reformation, and as yet was unable to unite with it. After the departure of Campeggio, the further hearing of the divorce cause had been advoked to Rome, where it was impossible for Henry to consent to plead; while the appearance of the supposed brief had opened avenues of new difficulty which left no hope of a decision within the limits of an ordinary lifetime. Henry was still, however, extremely reluctant[248] to proceed to extremities, and appeal to the parliament. He had threatened that he would tolerate no delay, and Wolsey had evidently expected that he would not. Queen Catherine's alarm had gone so far, that in the autumn she had procured an injunction from the pope, which had been posted in the churches of Flanders, menacing the king with spiritual censures if he took any further steps.[249] Even this she feared that he would disregard, and in March, 1529-30, a second inhibition was issued at her request, couched in still stronger language.[250] But these measures were needless, or at least premature. Henry expected that the display of temper in the country in the late session would produce an effect both on the pope and on the emperor; and proposing to send an embassy to remonstrate jointly with them on the occasion of the emperor's coronation, which was to take place in the spring at Bologna, he had recourse in the mean time to an expedient which, though blemished in the execution, was itself reasonable and prudent.

Among the many _technical_ questions which had been raised upon the divorce, the most serious was on the validity of the original dispensation; a question not only on the sufficiency of the form the defects of which the brief had been invented to remedy; but on the more comprehensive uncertainty whether Pope Julius had not exceeded his powers altogether in granting a dispensation where there was so close affinity. No one supposed that the pope could permit a brother to marry a sister; a dispensation granted in such a case would be _ipso facto_ void.--Was not the dispensation similarly void which permitted the marriage of a brother's widow? The advantage which Henry expected from raising this difficulty was the transfer of judgment from the partial tribunal of Clement to a broader court. The pope could not, of course, adjudicate on the extent of his own powers; especially as he always declared himself to be ignorant of the law; and the decision of so general a question rested either with a general council, or must be determined by the consent of Christendom, obtained in some other manner. If such general consent declared against the pope, the cause was virtually terminated. If there was some approach to a consent against him, or even if there was general uncertainty, Henry had a legal pretext for declining his jurisdiction, and appealing to a council.

Thomas Cranmer, then a doctor of divinity at Cambridge,[251] is said to have been the person who suggested this ingenious expedient, and to have advised the king, as the simplest means of carrying it out, to consult in detail the universities and learned men throughout Europe. His notorious activity in collecting the opinions may have easily connected him with the origination of the plan, which probably occurred to many other persons as well as to him; but whoever was the first adviser, it was immediately acted upon, and English agents were despatched into Germany, Italy, and France, carrying with them all means of persuasion, intellectual, moral, and material, which promised to be of most cogent potency with lawyers' convictions.

This matter was in full activity when the Earl of Wiltshire, Anne Boleyn's father, with Cranmer, the Bishop of London, and Edward Lee, afterwards Archbishop of York, was despatched to Bologna to lay Henry's remonstrances before the emperor, who was come at last in person to enjoy his miserable triumph, and receive from the pope the imperial crown. Sir Nicholas Carew, who had been sent forward a few weeks previously, described in piteous language the state to which Italy had been reduced by him. Passing through Pavia, the English emissary saw the children crying about the streets for bread, and dying of hunger; the grapes in midwinter rotting on the vines, because there was no one to gather them; and for fifty miles scarcely a single creature, man or woman, in the fields. "They say," added Carew, "and the pope also showed us the same, that the whole people of that country, with divers other places in Italia, with war, famine, and pestilence, are utterly dead and gone."[252] Such had been the combined work of the vanity of Francis and the cold selfishness of Charles; and now the latter had arrived amidst the ruins which he had made, to receive his crown from the hands of a pope who was true to Italy, if false to all the world besides, and whom, but two years before, he had imprisoned and disgraced. We think of Clement as the creature of the emperor, and such substantially he allowed himself to be; but his obedience was the obedience of fear to a master whom he hated, and the bishop of Tarbes, who was present at the coronation, and stood at his side through the ceremony, saw him trembling under his robes with emotion, and heard him sigh bitterly.[253] Very unwillingly, we may be assured, he was compelled to act his vacillating part to England, and England, at this distance of time, may forgive him for faults to which she owes her freedom, and need not refuse him some tribute of sympathy in his sorrows.

Fallen on evil times, which greater wisdom and greater courage than had for many a century been found in the successors of St. Peter would have failed to encounter successfully, Clement VII. remained, with all his cowardice, a true Italian; his errors were the errors of his age and nation, and were softened by the presence, in more than usual measure, of Italian genius and grace. Benvenuto Cellini, who describes his character with much minuteness, has left us a picture of a hot-tempered, but genuine and kind-hearted man, whose taste was elegant, and whose wit, from the playful spirit with which it was pervaded, and from a certain tendency to innocent levity, approached to humour. He was liable to violent bursts of feeling; and his inability to control himself, his gesticulations, his exclamations, and his tears, all represent to us a person who was an indifferent master of the tricks of dissimulation to which he was reduced, and whose weakness entitles him to pity, if not to respect. The papacy had fallen to him at the crisis of its deepest degradation. It existed as a politically organised institution, which it was convenient to maintain, but from which the private hearts of all men had fallen away; and it depended for its very life upon the support which the courts of Europe would condescend to extend to it. Among these governments, therefore, distracted as they were by mutual hostility, the pope was compelled to make his choice; and the fatality of his position condemned him to quarrel with the only prince on whom, at the outset of these complications, he had a right to depend.

In 1512, France had been on the point of declaring her religious independence; and as late as 1525, Francis entertained thoughts of offering the patriarchate to Wolsey.[254] Charles V., postponing his religious devotion for the leisure of old age, had reserved the choice of his party, to watch events and to wait upon opportunity; while, from his singular position, he wielded in one hand the power of Catholic Spain, in the other that of Protestant Germany, ready to strike with either, as occasion or necessity recommended. If his Spaniards had annexed the New World to the papacy, his German lanzknechts had stormed the Holy City, murdered cardinals, and outraged the pope's person: while both Charles and Francis, alike caring exclusively for their private interests, had allowed the Turks to overrun Hungary, to conquer Rhodes, and to collect an armament at Constantinople so formidable as to threaten Italy itself, and the very Christian faith. Henry alone had shown hitherto a true feeling for religion; Henry had made war with Louis XII. solely in the pope's quarrel; Henry had broken an old alliance with the emperor to revenge the capture of Rome, and had won Francis back to his allegiance. To Henry, if to any one, the Roman bishop had a right to look with confidence. But the power of England was far off, and could not reach to Rome. Francis had been baffled and defeated, his armies destroyed, his political influence in the Peninsula annihilated. The practical choice which remained to Clement lay only, as it seemed, between the emperor and martyrdom; and having, perhaps, a desire for the nobler alternative, yet being without the power to choose it, his wishes and his conduct, his words to private persons and his open actions before the world, were in perpetual contradiction. He submitted while his heart revolted; and while at Charles's dictation he was threatening Henry with excommunication if he proceeded further with his divorce, he was able at that very time to say, in confidence, to the Bishop of Tarbes, that he would be well contented if the King of England would marry on his own responsibility, availing himself of any means which he might possess among his own people, so only that he himself was not committed to a consent or the privileges of the papacy were not trenched upon.[255]

Two years later, when the course which the pope would really pursue under such circumstances was of smaller importance, Henry gave him an opportunity of proving the sincerity of this language; and the result was such as he expected it to be. As yet, however, he had not relinquished the hope of succeeding by a more open course.

In March, 1529-30, the English ambassadors appeared at Bologna. Their instructions were honest, manly, and straightforward. They were directed to explain, _ab initio_, the grounds of the king's proceedings, and to appeal to the emperor's understanding of the obligations of princes. Full restitution was to be offered of Catherine's dowry, and the Earl of Wiltshire was provided with letters of credit adequate to the amount.[256] If these proposals were not accepted, they were to assume a more peremptory tone, and threaten the alienation of England; and if menaces were equally ineffectual, they were to declare that Henry, having done all which lay within his power to effect his purpose with the goodwill of his friends, since he could not do as he would, must now do as he could, and discharge his conscience. If the emperor should pretend that he would "abide the law, and would defer to the pope," they were to say, "that the sacking of Rome by the Spaniards and Germans had so discouraged the pope and cardinals, that they feared for body and goods," and had ceased to be free agents; and concluding finally that the king would fear God rather than man, and would rely on comfort from the Saviour against those who abused their authority, they were then to withdraw.[257] The tone of the directions was not sanguine, and the political complications of Europe, on which the emperor's reply must more or less have depended, were too involved to allow us to trace the influences which were likely to have weighed with him. There seems no prima facie reason, however, why the attempt might not have been successful. The revolutionary intrigues in England had decisively failed, and the natural sympathy of princes, and a desire to detach Henry from Francis, must have combined to recommend a return of the old cordiality which had so long existed between the sovereigns of England and Flanders. But whatever was the cause, the opening interview assured the Earl of Wiltshire that he had nothing to look for. He was received with distant courtesy; but Charles at once objected even to hearing his instructions, as an interested party.[258] The earl replied that he stood there, not as the father of the queen's rival, but as the representative of his sovereign; but the objection declared the attitude which Charles was resolved to maintain, and which, in fact, he maintained throughout. "The emperor," wrote Lord Wiltshire to Henry, "is stiffly bent against your Grace's matter, and is most earnest in it; while the pope is led by the emperor, and neither will nor dare displease him."[259] From that quarter, so long as parties remained in their existing attitude, there was no hope. It seems to have been hinted, indeed, that if war broke out again between Charles and Francis, something might be done as the price of Henry's surrendering the French alliance;[260] but the suggestion, if it was made, was probably ironical; and as Charles was unquestionably acting against his interest in rejecting the English overtures, it is fair to give him credit for having acted on this one occasion of his life, upon generous motives. A respectful compliment was paid to his conduct by Henry himself in the reproaches which he addressed to the pope.[261]

So terminated the first and the last overture on this subject which Henry attempted with Charles V. The ambassadors remained but a few days at Bologna, and then discharged their commission and returned. The pope, however, had played his part with remarkable skill, and by finessing dexterously behind the scenes, had contrived to prevent the precipitation of a rupture with himself. His simple and single wish was to gain time, trusting to accident or Providence to deliver him from his dilemma. On the one hand, he yielded to the emperor in refusing to consent to Henry's demand; on the other, he availed himself of all the intricacies to parry Catherine's demand for a judgment in her favour. He even seemed to part with the emperor on doubtful terms. "The latter," said the Bishop of Tarbes,[262] "before leaving Bologna, desired his Holiness to place two cardinals' hats at his disposal, to enable him to reward certain services." His Holiness ventured to refuse. During his imprisonment, he said he had been compelled to nominate several persons for that office whose conduct had been a disgrace to their rank; and when the emperor denied his orders, the pope declared that he had seen them. The cardinals' hats, therefore, should be granted only when they were deserved, "when the Lutherans in Germany had been reduced to obedience, and Hungary had been recovered from the Turks." If this was acting, it was skilfully managed, and it deceived the eyes of the French ambassador.

Still further to gratify Henry, the pope made a public declaration with respect to the dispute which had arisen on the extent of his authority, desiring, or professing to desire, that all persons whatever throughout Italy should be free to express their opinions without fear of incurring his displeasure. This declaration, had it been honestly meant, would have been creditable to Clement's courage: unfortunately for his reputation, his outward and his secret actions seldom corresponded, and the emperor's agents were observed to use very dissimilar language in his name. The double policy, nevertheless, was still followed to secure delay. Delay was his sole aim,--either that Catherine's death, or his own, or Henry's, or some relenting in one or other of the two princes who held their minatory arms extended over him, might spare himself and the church the calamity of a decision. For to the church any decision was fatal. If he declared for Charles, England would fall from it; if for Henry, Germany and Flanders were lost irrecoverably, and Spain itself might follow. His one hope was to procrastinate; and in this policy of hesitation for two more years he succeeded, till at length the patience of Henry and of England was worn out, and all was ended. When the emperor required sentence to be passed, he pretended to be about to yield; and at the last moment, some technical difficulty ever interfered to make a decision impossible. When Henry was cited to appear at Rome, a point of law was raised upon the privilege of kings, threatening to open into other points of law, and so to multiply to infinity. The pope, indeed, finding his own ends so well answered by evasion, imagined that it would answer equally those of the English nation, and he declared to Henry's secretary that "if the King of England would send a mandate ad totam causam, then if his Highness would, there might be given so many delays by reason of matters which his Highness might lay in, and the remissorials that his Grace might ask, ad partes, that peradventure in ten years or longer a sentence should not be given."[263] In point of worldly prudence, his conduct was unexceptionably wise; but something beyond worldly prudence was demanded of a tribunal which claimed to be inspired by the Holy Ghost.