The Reign of Henry the Eighth Part 30

[222] See instance's in HALE: p, 62, _Omnium Sanctorum in muro_.--M.

Gulielmus Edward curatus notatur officio quod recusat ministrare sacramenta ecelesiastica aegrotantibus nisi prius habitis pecuniis pro suo labore: p.

64, _St. Mary Magdalen_.--Curatus notatur officio prbpter quod recusavit solemnizare matrrimonium quousque habet pro hujusmodi solemnizatione, _3s.

8d._; and see pp. 52, 75.

[223] I give many instances of this practice in my sixth chapter. It was a direct breach of the statute of Henry IV., which insists on all examinations for heresy being conducted in open court. "The diocesan and his commissaries," says that act, "shall openly and judicially proceed against persons arrested."--2 Hen. IV. c. 15.

[224] Again breaking the statute of Hen. IV., which limited the period of imprisonment previous to public trial to three months.--2 Hen. IV. c. 15.

[225] To be disposed of at Smithfield. Abjuration was allowed once. For a second offence there was no forgiveness.

[226] Pet.i.tion of the Commons. _Rolls House MS._

[227] See STRYPE, _Eccles. Memorials_, vol. i. p. 191-2,--who is very eloquent in his outcries upon his subject.

[228] _Answer of the Bishops_, p. 204, etc.

[229] Explanations are not easy; but the following pa.s.sage may suggest the meaning of the House of Commons:--"The holy Father Prior of Maiden Bradley hath but six children, and but one daughter married yet of the goods of the monastery; trusting shortly to marry the rest."--Dr. Leyton to Cromwell: _Suppression of the Monasteries_, p. 58.

[230] Reply of the Bishops, infra.

[231] CAVENDISH, _Life of Wolsey_, p. 390. MORE'S _Life of More_, p. 109.

[232] Populus diu oblatrans. Fox to Wolsey. STRYPE, _Eccl. Mem._ vol. i.

Appendix, p. 27.

[233] RYMER, vol. vi. part 2, p. 119.

[234] The answer of the Ordinaries to the supplication of the wors.h.i.+pful the Commons of the Lower House of Parliament offered to our Sovereign Lord the King's most n.o.ble Grace.--_Rolls House MS._

[235] The terms of the several articles of complaint are repeated verbally from the pet.i.tion. I condense them to spare recapitulation.

[236] 2 Hen. IV. cap. 15; 2 Hen. V. cap. 7.

[237] An Act that no person shall be cited out of the diocese in which he dwells, except in certain cases. It received the Royal a.s.sent two years later. See 23 Hen. VIII. cap. 9.

[238] 21 Hen. VIII. cap. 5. An Act concerning fines and sums of money to be taken by the ministers of bishops and other ordinaries of holy church for the probate of testaments.

[239] HALE, _Precedents_, p. 86.

[240] Ibid.

[241] 21 Hen. VIII. cap. 6. An Act concerning the taking of mortuaries, or demanding, receiving, or claiming the same.

In Scotland the usual mortuary was, a cow and the uppermost cloth or counterpane on the bed in which the death took place. A bishop reprimanding a suspected clergyman for his leaning toward the Reformation, said to him:--

"My joy, Dean Thomas, I am informed that ye preach the epistle and gospel every Sunday to your paris.h.i.+oners, and that ye take not the cow nor the upmost cloth from your paris.h.i.+oners; which thing is very prejudicial to the churchmen. And therefore, Dean Thomas, I would ye took your cow and upmost cloth, or else it is too much to preach every Sunday, for in so doing ye may make the people think we should preach likewise."--CALDERWOOD, vol. i.

p. 126.

The bishop had to burn Dean Thomas at last, being unable to work conviction into him in these matters.

[242] 21 Hen. VIII. cap. 13. An Act that no spiritual person shall take farms; or buy and sell for lucre and profit; or keep tan-houses or breweries. And for pluralities of benefices and for residence.

[243] HALL, p. 767.

[244] Ibid. 766

[245] Ibid. 767.

[246] Ibid. 766.

[247] Ibid. 768.

[248] So reluctant was he, that at one time he had resolved, rather than compromise the unity of Christendom, to give way. When the disposition of the court of Rome was no longer doubtful, "his difficultatibus permotus, c.u.m in hoc statu res essent, dixerunt qui ejus verba exceperunt, post profundam sec.u.m de universo negotio deliberationem et mentis agitationem, tandem in haec verba prorup.i.s.se, se primum tenta.s.se illud divortium persuasum ecclesiam Romanam hoc idem probaturum--quod si ita ilia abhorreret ab illa sententia ut nullo modo permittendum censeret se nolle c.u.m ea contendere neque amplius in illo negotio progredi."

Pole, on whose authority we receive these words, says that they were heard with almost unanimous satisfaction at the council board. The moment of hesitation was, it is almost certain, at the crisis which preceded or attended Wolsey's fall. It endured but for three days, and was dispelled by the influence of Cromwell, who tempted both the king and parliament into their fatal revolt.--POLI _Apologia ad Carolum Quintum_.

[249] LEGRAND, vol. iii. p. 446. The censures were threatened in the first brief, but the menace was withdrawn under the impression that it was not needed.

[250] Ibid. The second brief is dated March 7, and declares that the king, if he proceeds, shall incur ipso facto the greater excommunication; that the kingdom will fall under an interdict.

[251] Cranmer was born in 1489, and was thus forty years old when he first emerged into eminence.

[252] _State Papers_, vol. vii. p. 226.

[253] Je croy qu'il ne feist en sa vie ceremonie qui luy touchast si pres du coeur, ne dont je pense qu'il luy doive advenir moins du bien. Car aucunes fois qu'il pensoit qu'on ne le regardast, il faisoit de si grands soupirs que pour pesante que fust sa chappe, il la faisoit bransler a bon escient.--_Lettre de M. de Gramont, Eveque de Tarbes._ LEGRAND, vol. iii.

p. 386.

[254] ELLIS, _Third Series_, vol. ii. p. 98. "In the letters showed us by M. de Buclans from the emperor, of the which mention was made in ciphers, it was written in terms that the French king would offer unto your Grace the papalite of France vel Patriarchate, for the French men would no more obey the Church of Rome."--Lee to Wolsey.

[255] A ce qu'il m'en a declare des fois plus de trois en secret, il seroit content que le dit mariage fust ja faict, ou par dispense du Legat d'Angleterre ou autrement; mais que ce ne fust par son autorite, in aussi diminuant sa puissance, quant aux dispenses, et limitation de droict divin.--_Dechiffrement de Lettres de M. de Tarbes._--LEGRAND, vol. iii. p.

408.

[256] LEGRAND, vol. iii. p. 408.

[257] _State Papers_, vol. vii. p. 230.

[258] The Bishop of Tarbes to the King of France. LEGRAND, vol. iii. p.

401.

[259] _State Papers_, vol. vii. p. 234.

[260] Ibid. p. 235.

[261] We demand a service of you which it is your duty to concede; and your first thought is lest you should offend the emperor. We do not blame _him_.

That in such a matter he should be influenced by natural affection is intelligible and laudable. But for that very reason we decline to submit to so partial a judgment.--Henry VIII. to the Pope: BURNET'S _Collectanea_, p.

431.

[262] LEGRAND, vol. iii. p. 394.