unlawful in it self The Sorbon declares against the Marriage At Paris the Sorbon made their Determination with great Solemnity after a Mass of the Holy Ghost all the Doctors took an Oath to study the Question and to give their Judgment according to their Consciences and after three Weeks study the greater part agreed in this That the King's Marriage was unlawful and that the Pope could not dispense with it At Orleans Angiers and Tholouse they determined to the same purpose Erasmus had a mind to live in quiet and so he would not give his Opinion nor offend either party Grineus was implored to try what Bucer Zuinglius and Oecolampadius thought of the Marriage Bucer's Opinion was The Opinion of the Reformed Divines about it that the Laws in Leviticus did not bind and were not moral Because God not only dispensed but commanded them to marry their Brother's Wife when he died without Issue Zuinglius and Oecolampadius were of another mind and thought these Laws were moral But were of Opinion that the Issue by a Marriage de facto grounded upon a received Mistake ought not to be Illegitimated Calvin thought the Marriage was null and they all agreed that the Pope's Dispensation was of no force Osiander was imploied to engage the Lutheran Divines but they were affraid of giving the Emperour new grounds of displeasure Melanctthon thought the Law in Leviticus was dispensable and that the Marriage might be lawful and that in those matters States and Princes might make what Laws they pleased And though the Divines of Leipsick after much disputing about it did agree that these Laws were moral yet they could never be brought to justify the Divorce with the subsequent Marriage that followed upon it even after it was done and that the King appeared very inclinable to receive their Doctrine So steadily did they follow their Consciences even against their Interests But the Pope was more compliant for he offered to Cassali to grant the King a Dispensation for having another Wife with which the Imperialists seemed not disatisfied The King's Cause being thus fortified Many of the Nobility write to the Pope by so many Resolutions in his Favours he made many members of Parliament in a Prorogation time sign a Letter to the Pope complaining that notwithstanding the great merits of the King the Justice of his Cause and the Importance of it to the safety of the Kingdom yet the Pope made still new Delayes they therefore pressed him to dispatch it speedily otherwise they would be forced to see for other Remedies tho they were not willing to drive things to Extremities till it was unavoidable The Letter was signed by the Cardinal the Archbishop of Canterbury four other Bishops 22 Abbots 42 Peers and 11 Commoners To this the Pope wrote an answer The Pope's Answer He took notice of the Vehemence of their Stile He freed himself from the Imputations of Ingratitude and Injustice He acknowledged the King's great Merits and said he had done all he could in his Favour He had granted a Commission but could not refuse to receive the Queen's Appeal all the Cardinals with one consent judged that an Avocation was necessary Since that time the delays lay not at his door but at the Kings that he was ready to proceed and would bring it to as speedy an Issue as the Importance of it would admit of and for their Threatnings they were neither agreeable to their Wisdom nor their Religion Things being now in such a Posture November the King set out a Proclamation against any that should purchase bring over or publish any Bull from Rome contrary to his Authority and after that he made an Abstract of all the Reasons and Authorities of Fathers or modern Writers against his Marriage to be published both in Latin and English The main stress was laid on the Laws in Leviticus The Arguments for the Divorce of the forbidden Degrees of Marriage among which this was one not to marry the Brother's Wife These Marriages are called Abominations that defile the Land and for which the Canaanites were cast out of it The Exposition of Scripture was to be taken from the Tradition of the Church and by the Universal Consent of all Doctors those Laws had been still looked on as Moral and ever binding to Christians as well as Jews Therefore Gregory the Great advised Austin the Monk upon the Conversion of the English among whom the Marriages of the Brother's Wife were usual to dissolve them looking on them as grievous Sins Many other Popes as Calixtus Zacharias and Innocent the Third had given their Judgments for the perpetual Obligation of those Laws They had been also condemned by the Councils of Neocesarea Agde and the second of Toledo Among Wickliff's condemned Opinions this was one that the Prohibitions of marrying in such degrees were not founded on the Law of God For which he was condemned in some English Councils and these were confirmed by the General Council at Constance Among the Greek Fathers both Origen Basil Chrysostom and Hesychius and among the Latins Tertullian Ambrose Jerome and St. Austine do formerly deliver this as the belief of the Church in their time that those Laws were Moral and still in force Anselm Hugo de sancto Victore Hildebert and Ivo argue very fully to the same purpose the last particularly writing concerning the King of France who had married his Brothers Wife says it was inconsistent with the Law of God with which none can dispence and that he could not be admitted to the Communion of the Church till he put her away Aquinas and all the School-men follow these Authorities and in their way of reasoning they argue fully for this Opinion and all that writ against Wickliff did also assert the Authority of those Prohibitions in particular Waldensis whose Books were approved by Pope Martin the Fifth All the Canonists did also agree with them as Johannes Andreas Panormitan and Ostiensis so that Tradition being the only sure Expounder of the Scripture the Case seemed clear They also proved that a Consent without Consummation made the Marriage compleat which being a Sacrament that which followed after in the Right of Marriage was not necessary to make it compleat as a Priest saying Mass consummates his Orders which yet were compleat without it Many Testimonies were brought to confirm this from which it was inferred that the Queen's being married to Prince Arthur tho nothing had followed upon it made her incapable of a lawful Marriage with the King And yet they shewed what violent Presumptions there were of Consummation which was all that in such Cases was sought for and this was expressed both in the Bull and Breve tho but dubiously in the one yet very positively in the other After that they examined the Validity of the Pope's Dispensation It was a received Maxime that tho the Pope had Authority to dispense with the Laws of the Church yet he could not
gave the King content the late Act against Annats should not be put in Execution The Cardinal of Ravenna was then considered as an Oracle for Learning in the Consistory Some Cardinals corrupted so the King's Agents resolved to gain him with great Promises but he said Princes were liberal of their Promises till their turn was served and then forgot them so he resolved to make sure work therefore he made Bennet give him a Promise in writing of the Bishoprick of Ely or the first Bishoprick that fell till that was vacant and he also engaged that the King should procure him Benefices in France to the value of 6000 Ducats a Year for the Service he should do him in his Divorce This was an Argument of so great Efficacy with the Cardinal that it absolutely turned him from being a great Enemy to be as great a Promoter of the King's Cause tho very artificially Several other Cardinals were also prevailed with by the same Topicks The King's Agents put in his Plea of Excuse in 28 Articles and it was ordered that three of them should be discussed at a hearing before the Consistory till they should be all examined But that Court sitting once a Week the Imperialists after some of them were heard procured an Order that the rest should be heard in a Congregation or Committee of Cardinals before the Pope for greater Dispatch but Karn refused to obey this and so it was referred back to the Consistory But against this the Imperialists protested and refused to appear any more News were brought to Rome from England that a Priest that had preached up the Pope's Power was cast into Prison and that one committed by the Archbishop for Heresy appealed to the King as supream Head which was received and judged in the King's Courts The Pope made great Complaints upon this but the King's Agents said the best way to prevent the like for the future was to do the King Justice At this time a Bull was granted for suppressing some Monasteries and erecting new Bishopricks out of them Chester was to be one and the Cardinal of Revenna was so pleased with the Revenue designed for it that he laid his hand upon it till Ely should happen to fall vacant In conclusion the Pope seemed to favour the King's Plea Excusatory upon which the Imperialists made great Complaints But this amounted to no more save that the King was not bound to appear in Person Therefore the Cardinals that were gained advised the King to send over a Proxy for answering to the merits of the Cause and not to lose more time in that Dilatory Plea and they having declared themselves against the King in that Plea before the bargain had been made with them could with the better credit serve him in the other So the Vacation coming on it was resolved by the Cardinals neither to admit nor reject the Plea But both the Pope and the Colledg wrote to the King to send over a Proxy for determining the matter next Winter Bonner was also sent to England to assure the King that the Pope was now so much in the French Interest that he might confidently refer his matter to him but whereas the King desired a Commission to judg in partibus upon the place it was said that the Point to be judged being the Pope's Authority to dispense with the King's Marriage that could not be referred to Legates but must needs be judged in the Consistory At this time a new Session of Parliament was called in England The Clergy gave in an Answer to the Complaints made of them by the Commons in the former Sessions A Session of Parliament But when the King gave it to the Speaker he complained that one Temse a Member of their House had moved for an Address to the King that the Queen might be again brought back to the Court The King said it touched his Conscience and was not a thing that could be determined in that House He wished his Marriage were good but many Divines had declared it unlawful He did not make his Suit out of Lust or foolish Appetite being then past the Heats of Youth he assured them his Conscience was troubled and desired them to report that to the House Many of the Lords came down to the House of Commons and told them the King intended to build some Forts on the Borders of Scotland to secure the Nation from the Inroads of the Scots and the Lords approving of this sent them to propose it to the Commons upon which a Subsidy was voted but upon the breaking out of the Plague the Parliament was prorogued before the Act was finished The Oaths which the Bishops swore both to the Pope and the King At that time the King sent for the Speaker of the House of Commons and told him he found that the Prelates were but half Subjects for they swore at their Consecration an Oath to the Pope that was inconsistent with their Allegiance and Oath to the King By their Oath to the Pope they swore to be in no Council against him nor to disclose his Secrets but to maintain the Papacy and the Regalities of S. Peter against all Men together with the Rights and Authorities of the Church of Rome and that they should honourably entreat the Legats of the Apostolick See and observe all the Decrees Sentences Provisions and Commandments of that See and yearly either in Person or by Proxy visit the Thresholds of the Apostles In their Oath to the King they renounced all Clauses in their Bulls contrary to the King 's Royal Dignity and did swear to be faithful to him and to live and die with him against all others and to keep his Counsel acknowledging that they held their Bishopricks only of him By these it appeared that they could not keep both those Oaths in case a Breach should fall out between the King and the Pope But the Plague broke off the Consultations of Parliament at this time Soon after Sir Thomas More seeing a Rupture with Rome coming on so fast More quits his Office desired leave to lay down his Office which was upon that conferred on Sir Tho. Audley He was satisfied with the King 's keeping up the Laws formerly made in Opposition to the Papal Incroachments and so had concured in the Suit of the Premunire but now the matter went further and so he not being able to keep pace with the Counsels returned to a private Life with a Greatness of Mind equal to what the ancient Greeks or Romans had expressed on such Occasions Endeavours were used to fasten some Imputations on him in the Distribution of Justice but nothing could be brought against him to blemish his Integrity An Enterveiw followed between the Kings of France and England to which An Interview between the King of France England Ann Bolleyn now Marchioness of Pembrook was carried In which after the first Ceremonies and Magnificence was over Francis promised Henry to
second him in his Suit He encouraged him to proceed to a second Marriage without more adoe and assured him he would stand by him in it And told him he intended to restrain the payment of Annats to Rome and would ask of the Pope a Redress of that and other Grievances and if it was denied he would seek other Remedies in a Provincial Council An Enterview was proposed between the Pope and Him to which he desired the King go with him and King the was not unwilling to it if he could have assurance that his Business would be finally determined The Pope offered to the King to send a Legate to any indifferent place out of England to form the Process reserving only the giving Sentence to himself And proposed to him and all Princes a General Truce that so he might call a General Council The King answered that such was the present State of the Affairs of Europe that it was not seasonable to call a General Council that it was contrary to his Prerogative to send a Proxy to appear at Rome That by the Decrees of General Councils all Causes ought to be judged on the place and by a Provincial Council and that it was fitter to judge it in Engiand than any where else And that by his Coronation Oath he was bound to maintain the Dignities of his Crown and the Rights of his Subjects and not to appear before any forraign Court So Sir Thomas Elliot was sent over with Instructions to move that the cause might be judged in England Yet if the Pope had real Intentions of giving the King full Satisfaction he was not to insist on that And to make the Cardinal of Ravenna sure he sent him the offer of the Bishoprick of Coventry and Litchfield Nov. 14. The King marries Ann Bolleyn then vacant Soon after this the King married Ann Bolleyn Rowland Lee afterwards Bishop of Coventry and Litchfield did officiate none being present but the Duke of Norfolk and her Father her Mother and her Brother and Cranmer It was thought that the former Marriage being null of it self the King might proceed to another And perhaps they hoped that as the Pope had formerly proposed this Method so he would now approve of it But tho the Pope had joyned himself to France yet he was still so much in fear of the Emperour that he resolved not to provoke him and so was not wrought on by any of the Expedients which Bennet proposed which were either to judge the Cause in England according to the Council of Nice or to refer it to the Arbitration of some to be named by the King and the King of France and the Pope for all these he said tended to the Diminution of the Papal Power A new Citation was issued out for the King to answer to the Queen's Complaints but the King's Agents protested that he was a Soveraign Prince that England was a free Church over which the Pope had no just Authority and that the King could expect no Justice at Rome where the Empeperours Power was so great At this time the Parliament met again and past an Act The Parliament condemns Appeals to Rome condemning all Appeals to Rome In it they set forth That the Crown was Imperial and that the Nation was a compleat Body having full Power to do Justice in all Cases both Spiritual and Temporal And that as former Kings had maintained the Liberties of the Kingdom against the Usurpations of the See of Rome so they found the great Inconveniencies of allowing Appeals in Matrimonial Causes That they put them to great Charges and accasioned many Delayes Therefore they enacted That thereafter those should be all judged within the Kingdom and no regard should be had to any Appeals to Rome or Censures from it But Sentences given in England were to have their full Effect and all that executed any Censures from Rome were to incur the pains of Premunire Appeals were to be from the Arch-deacon to the Bishop and from him to the Archbishop And in the Causes that concerned the King the Appeal was to be to the upper House or Convocation There was now a new Archbishop of Canterbury Cranmer made Archbishop of Canterbury Warham died the former Year He was a great Patron of Learning a good Canonist and wise States-man but was a cruel Persecutor of Hereticks and inclined to believe Fanatical Stories Cranmer was then in Germany disputing in the King's Cause with some of the Emperour 's Divines The King resolved to advance him to that Dignity and sent him word of it that so he might make haste over But a Promotion so far above his Thoughts had not its common Effects on him He had a true and primitive Sense of so great a Charge and instead of aspiring to it he was afraid of it he both returned very slowly to England and used all his Endeavours to be excused from that Advancement But this declining of Preferment being a thing of which the Clergy of that Age were so little guilty discovered That he had Maximes very far different from most Church-men Bulls were sent for to Rome in order to his Consecration which the Pope granted tho it could not be very grateful to him to send them to one who had so publickly disputed against his Power of dispensing all the Composition that was payed for them was but 900 Ducats which was perhaps according to the Regulation made in the Act against Annats There were 9 several Bulls sent over one confirming the King's Nomination a Second requiring him to accept it a Third absolving him from Censures a Fourth to the Suffragan Bishops a Fifth to the Dean and Chapter a Sixth to the Clergy a Seventh to the Laity an Eighth to the Tenants of the See requiring all these to receive him to be their Archbishop a Ninth requiring some Bishops to consecrate him the Tenth gave him the Pall and by the Eleventh the Archbishop of York was required to put it on him The putting all this in so many different Bulls was a good Contrivance for raising the Rents of the Apostolick Chamber On the 30 of March Cranmer was consecrated by the Bishops of Lincoln Exeter and St. Asaph The Oath to the Pope was of hard Digestion So he made a Protestation before he took it that he conceived himself not bound up by it in any thing that was contrary to his Duty to God to his King or Country and he repeated this when he took it so that if this seemed too artificial for a Man of his sincerity yet he acted in it fairly The Convocation condemns the King's Marriage and above Board The Convocation had then two Questions before them the first was Concerning the Lawfulness of the King's Marriage and the Validity of the Pope's Dispensation the other was of Matter of Fact Whether P. Arthur had consummated the Marriage or not For the first the Judgments of 19 Universities were read and after a
long Debate there being 23 only in the Lower House 14 were against the Marriage and 7 for it and two voted dubiously In the upper House Stokesly Bishop of London and Fisher maintained the Debate long the one for the Affirmitive and the other the Negative At last it was carried Nemine contradicente the few that were of the other side it seems withdrawing against the Marriage 216 being present For the other that concerned matter of Fact it was referred to the Canonists and they all except five or six reported That the Presumptions were violent and these in a matter not capable of plain proof were alwayes received in Law The smal number in the Lower and the far greater number in the upper House of Convocation makes it probable that then not only Bishops but all Abbots Priors Deans and Arch-deacons sate in the upper House for they were all called Prelates and had their Writs to sit in a General Council as appears by the Records of the fourth Council in the Lateran and the Council at Vienna and so them might well sit in the upper House And perhaps the two Houses of Convocation were taken from the Patern of the two Houses of Parliament and so none might sit in the lower House but such as were chosen to represent the Inferiour Clergy The Books of Convocation are now lost having perished in the Fire of London but the Author of Antiquitaies Britannicae who lived in that time is of that great credit that we may well depend upon his Testimony Cranmer gives the final Sentence The Convocation having thus judged in the matter the Ceremoy of pronouncing the Divorce judicially was now only wanting The new Queen began to have big a Belly which was a great Evidence of her living chastly before that with the King On Easter Eve she was declared Queen of England And soon after Cranmer with Gardiner who was made upon Wolsey's death Bishop of Winchester and the Bishops of London Lincoln Bath and Wells with many Divines and Canonists went to Dunstable Queen Katherine living then near it at Ampthil The King and Queen were cited he appeared by Proxy but the Queen refused to take any notice of the Court So after three Citations she was declared Contumax and all the Merits of the Cause formerly mentioned were examined At last on the 23 of May Sentence was given declaring the Marriage to have been null from the beginning Among the Archbishops Titles in the beginning of the Judgment he is called Legate of the Apostolick See which perhaps was added to give it the more force in Law Some days after this he gave another Judgment confirming the King's Marriage with Queen Ann and on the first of June she was Crowned Queen This was variously censured It was said Censures past upon it that in the Intervals of a General Council the asking the Opinions of so many Universities and Learned Men was the only sure way to find out the Tradition of the Church And a Provincial Council had sufficient Authority to judge in this Case Yet many thought the Sentence dissolving the first Marriage should have preceded the second And it being contracted before the first was Legally annulled there was great colour given to question the Validity of it But it was answered That since the first was judged null of it self there was no need of a Sentence Declaratory but only for form Yet it was thought either there ought to have been no Sentence past at all or it should have been before the second Marriage Some objected That Cranmer having appeared so much against the Marriage was no competent Judge but it was said that as Popes are not bound by the Opinions they held when they were private Men so he having changed his Character could not be challenged on that account but might give Sentence as Judges decide Causes in which they formerly gave Counsel And indeed the Convocation had judged the Cause he only gave Sentence in form of Law The World wondered at the Pope's Stiffness but he often confessed he understood not those matters only he was afraid of provoking the Emperour or of giving the Lutherans advantage to say that one Pope condemned that with which another had dispensed All People admired Q. Ann's conduct who in a course of so many Years managed a King's Spirit that was so violent in such a manner as neither to surfeit him with too many Favours nor to provoke him with too much Rigour and her being so soon with Child gave hopes of a mumerous Issue They that loved the Reformation lookt for better dayes under her Protection but many Priests and Friars both in Sermons and Discourses condemned the King's Proceedings The King sent Ambassadours to all Courts to justify what he had done He sent also some to Queen Katherine to charge her to assume no other Title but that of Princess Dowager and to give her hopes of puting her Daughter next in the Succession to the Crown after his Issue by the present Queen if she would submit her self to his Will but she would not yield she said she would not take that Infamy on her self and so resolved that none should serve about her that did not treat her as Queen All her Servants adhered so to her Interest that no Threatnings nor Promises could work on them And the stir which the King kept in this matter was thought below his Greatness and seemed to be set on by a Woman's Resentments for since she was deprived of the Majesty of a Crown the Pageantry of a Title was not worth the noise that was made about it The Emperour seemed big with Resentments The French King was colder then the King expected yet he promised to intercede with the Pope and the Cardinals on his account But he was now so entirely gained by the Pope That he resolved not to involve himself in the King's Quarrel as a Party And he also gave over the Designs he once had of setting up a Patriarch in France for the Pope granted him so great a Power over his own Clergy that he could not desire more With this the Emperour was not a little pleased for this was like to separate those two Kings whose Conjunction had been so hurtful to him At Rome the Cardinals of the Imperial Faction The proceedings at Rome upon it complained much of the Attempt made on the Pope's Power since a Sentence was given in England in a Process depending at Rome so they prest the Pope to proceed to Censures But instead of putting the matter past reconciling there was only Sentence given annulling all that the Archbishop of Canterbury had done and the King was required under the pain of Excommunication to put things again in the state in which they were formerly and this was affixed at Dunkirk The King sent a great Embassy to Francis who was then setting out to Marseilles where the Pope was to meet him Their Errand was to disswade him from the
their Contests about Superiority but never declared in St. Peter's Favour St. Paul withstood him to his Face and reckoned himself not inferour to him If the Dignity of a Person left any Authority with the City in which he sat then Antioch must carry it as well as Rome and Jerusalem where Christ suffered was to be prefererd to all the World for it was truly the Mother-Church Christ said to Peter Vpon this Rock will I build my Church The Ancients understood by the Rock either the Confession Peter had made or which is all one upon the matter Christ himself and tho it were to be meant of St. Peter all the rest of the Apostles are also called Foundations that of Tell the Church was by many Doctors of the Church of Rome turned against the Pope for a General Council The other Priviledges ascribed to St. Peter were either only a precedence of Order or were occasioned by his Fall as that Feed my Sheep it being a restoring him to the Apostolical Function St. Peter had also a limited Province the Circumcision as St. Paul had the Uncircumcision that was of far greater extent which shewed that he was not considered as the Universal Pastor In the Primitive Church St. Cyprian and other Bishops wrote to the Bishops of Rome as to their fellow Bishop Colleague and Brother they were against Appeals to Rome and did not submit to their Definition and in plain Terms asserted that all Bishops were equal in Power as the Apostles had been It is true the Dignity of the City made the Bishops of Rome to be much esteemed yet in the first Council of Nice the Bishops of Alexandria and Antioch were declared to have the same Authority in the Countries about them that the Bishops of Rome had over those that lay about them It is true the East being over-run with Arrianism from which the West was better preserved the oppressed Eastern Bishops did take shelter in the Protection the Bishops of Rome gave them and as is natural to all People they magnified that Authority which was so useful to them But the second General Council indirectly condemned all Appeals to Rome for it decreed that every Province should be governed by its own Synod and allowed no higher Appeal but to the Bishops of the Diocess Constantinople being made the Imperial City the second and fourth General Council gave it equal Priviledges with Rome because it was new Rome which shews that the Dignity of the Sees flowed from the greatness of the Cities The African Churches condemned all Appeals to Rome and the Popes who complained of that pretended only to a Canon of the Council of Nice for it and then they did not talk of a Divine Right but search being made into all the Copies of the Canons of the Council that was found to be a Forgery When the Emperour Mauricius gave the Title Vniversal Bishop to the Patriarch of Constantinple Gregory the Great complained of the Ambition of that Title which he calls equal to the Pride of Lucifer and since England received the Faith by those whom he sent over it appeared from thence what was the Doctrine of that See at that time and by consequence what where the first Impressions made on the English in that matter It is true Boniface the third got the same Title by Phocas's Grant and Boniface the eighth pretended to all Power both spiritual and temporal but the Progress of their Usurpations and the Wars raised to maintain them were very visible in History The Popes swore at their Consecrations to obey the Canons of the eighth first General Councils which are manifested against Appeals and their Universal Jurisdiction small regard is to be had to the Decrees of latter Councils being Cabals pack'd and managed as the Popes pleased Several Sees as Ravenna Milan and Aquileia pretended Exemption from the Papal Authority Many English Bishops had asserted that the Popes had no Authority against the Canons and to that day no Canon the Popes made was binding till it was received which shewed the Pope's Authority was not believed founded on a divine Authority and the Contests that the Kings of England had with the Pope's concerning Investitures Bishops doing the King Homage Appeals to Rome and the Authority of Papal Bulls and Provisions shewed that the Pope's Power was believed subject to Laws and Custom and so not derived from Christ and St. Peter and as Laws had given them some Power and Princes had bin forced in ignorant Ages to submit to their Usurpations so they might as they saw cause change those Laws and resume their Rights The next Point inquired into was And for the King's Supremacy the Authority that Kings had in matters of Religion and the Church The King of Israel judged in all Causes and Samuel called Saul the Head of the Tribes David made many Rules about the Service at the Temple and declaring to Solomon what his Power was 1 Chron. 28.21 2 Chron. 8.14 15. he told him that the Priests were wholly at his Command and it is also said that Solomon appointed the Priests their Charges in the Service of God and that they departed not from his Commandment in any matter he turned out one High-Priest and put another in his room Jehoshaphat Hezekiah and Josias made also Laws about Ecclesiastical Matters In the New Testament Christ was himself subject to the Civil Powers and charged his Disciples not to affect Temporal Dominion They also wrote to the Churches to be subject to the Higher Powers and call them Supream and charge every Soul to be subject to them so in Scripture the King is called Head and Supream and every Soul is said to be under him which joyn'd together makes up this Conclusion that He is the supream Head over all Persons In the Primitive Church the Bishops only made Rules or Canons but pretended to no compulsive Authority but what came from the Civil Magistrate The Roman Emperours called Councils presided in them and confirmed them and made many Laws concerning Ecclesiastical Matters so did also Charles the Great The Emperours did also either chuse the Popes themselves or confirm their Elections Church-men taking Orders were not thereby discharged from the Obedience they formerly owed their Princes but remained still Subjects And tho the Offices of the Church had peculiar Functions in which the People were subject to them that did not deliver them from their Obedience to the King as a Father's Authority over his Children cuts not off the King's Power over him They found also that in all times the Kings of England had assumed an Authority in Ecclesiastical Matters Ina Alfred Edgar and Canetus had made many Laws about them so had also most of the Kings since the Conquest which appeared particularly in the Articles of Clarendon and the Contests that followed upon them and from the daies of King Ina they had granted Exemptions to Monasteries from the Episcopal Jurisdiction down to William the
Conquerors time besides many other Acts that clearly imported a Supremacy over all Persons and in all Causes But they did at the same time so explain and limit this Power that it was visible they did not intend to subject Religion wholly to the Pleasure of the King for it was declared that his Power was only a Coercive Authority to defend the true Religion to abolish Heresies and Idolatries to cause Bishops and Pastors to do their Duties and in case they were negligent or would not amend their Faults to put others in their room Upon the whole matter they concluded that the Pope had no Power in England and that the King had an intire Dominion over all his Subjects which did extend even to the regulating of Ecclesiastical Matters These things being fully opened in many Disputes The Clergy submitted to it and published in several Books all the Bishops Abbots and Priors of England Fisher only excepted were so far satisfied with them or so much in love with their Preferments that they resolved to comply with the Changes which the King was resolved to make Fisher was in great esteem for Piety and strictness of Life and so much pains was taken on him A little before the Parliament met Cranmer proposed to him that he and any five Doctors he would choose and Stokesly with five on his side should confer on that point and examine he Authorities that were on both sides he accepted of it and Stokesly wrote to him to name time and place but Fisher's Sickness hindered the Progress of that motion The Parliament met the 15th of January A Session of Parliament there were but seven Bishops and twelve Abbots present the rest it seems were unwilling to concur in making this change tho they complied with it when it was made Every Sunday during the Session a Bishop preached at St. Paul's and declared that the Pope had no Authority in England Before this they had only said that a General Council was above him and that the Exactions of that Court and Appeals to it were unlawful but now they went a strain higher to prepare the People for receiving the Acts then in Agitation On the 9th of March The Pope's Power taken away the Commons began the Bill for taking away the Pope's Power and sent it to the Lords on the 14th who past it on the 20th without any dissent In it they set forth the Exactions of the Court of Rome grounded on the Pope's Power of dispensing and that as none could dispense with the Laws of God so the King and Parliament only had the Authority of dispensing with the Laws of the Land and that therefore such Licenses or Dispensations as were formerly in use should be for the future granted by the two Arch-bishops some of these were to be confirmed under the Great Seal and they appointed that thereafter all Commerce with Rome should cease They also declared that they did not intend to alter any Article of the Catholick Faith of Christendome or of that which was declared in the Scripture necessary to Salvation They confirmed all the Exemptions granted to Monasteries by the Popes but subjected them to the King's Visitation and gave the King and his Council power to examine and reform all Indulgences and Priviledges granted by the Pope The Offenders against this Law were to be punished according to the Statutes of Premunire This Act subjected the Monasteries entirely to the King's Authority and put them in no small Confusion Those that loved the Reformation rejoyced both to see the Pope's Power rooted out and to find the Scripture made the Standard of Religion After this Act The Act of the Succession another past in both Houses in six Days time without any Opposition Settling the Succession of the Crown confirming the Sentence of Divorce and the King's Marriage with Queen Anne and declaring all Marriages within the Degrees prohibited by Moses to be unlawful All that had married within them were appointed to be divorced and their Issue illegitimated and the Succession to the Crown was settled upon the King's Issue by the prefent Queen or in default of that to the King 's right Heirs for ever All were required to swear to maintain the Contents of this Act and if any refused to swear to it or should say any thing to the Slander of the King's Marriage he was to be judged guilty of misprision of Treason and to be punished accordingly The Oath is also set down in the Journals of the House of Lords by which they did not only swear Obedience to the King and his Heirs by his present Marriage but also to defend the Act of Succession and all the Effects and Contents in it against all manner of Persons whatsoever by which they were bound to maintain the Divorce both against the Pope's Censures and the Emperour if he went about to execute them At this time An Act regulating the proceedings against Hereticks one Philips complained to the House of Commons of the Bishop of London for using him cruelly in Prison upon Suspicion of Heresy the Commons sent up this to the Lords but received no Answer So they sent some of their Members to the Bishop desiring him to answer the Complaints put in against him But he acquainted the House of Lords with it and they all with one consent voted that none of their House ought to appear or answer to any Complaint at the Bar of the House of Commons So the Commons let this particular Case fall and sent up a Bill to which the Lords agreed regulating the Proceedings against Hereticks That whereas by the Statute made by King Henry the Fourth Bishops might commit Men upon Suspition of Heresy and Heresy was generally defined to be whatever was contrary to the Scriptures or Canonical Sanctions which was liable to great Ambiguity therefore that Statute was repealed and none were to be committed for Heresy but upon a Presentment made by two Witnesses None were to be accused for speaking against things that were grounded only upon the Pope's Canons Bail was to be taken for Hereticks and they were to be brought to their Trials in open Court and if upon Conviction they did not abjure or were Relapses they were to be burnt the King 's Writ being first obtained This was a great check to the Bishop's Tyrrany and gave no smal comfort to all that favoured the Reformation The Convocation sent in a Submission at the same time The Submission of the Clergy by which they acknowledged That all Convocations ought to be assembled by the King 's Writ and promised upon the Word of Priests never to make nor execute any Canons without the King's Assent They also desired That since many of the received Canons were found to be contrary to the King's Prerogative and the Laws of the Land there might be a Committee named by the King of 32 the one half out of both Houses of Parliament and the other
Arthur and Katherine the Infanta of Spain She came into England was married in November but on the second of April after the Prince died They were not only bedded in Ceremony the night of the Marriage but continued still to lodg together and the Prince by some indecent Rallery gave Occasion to believe that the Marriage was consummated which was so little doubted that some imputed his too early end to his excess in it After his Death his younger Brother was not created Prince of Wales till ten Months had past it being then apparent that the Princess was not with Child by the late Prince Women were also set about her to wait on her with the Precaution that is necessary in such a Case so that it was generally believed that she was no Virgin when the Prince died Henry the seventh being unwilling to restore so great a Portion as two hundred thousand Ducats proposed a second Match for her with his Younger Son Henry Warham did then object against the Lawfulness of it yet Fox Bishop of Winchester was for it and the Opinion of the Pope's Authority was then so well established that it was thought a Dispensation from Rome was sufficient to remove all Objections Decemb. 1503. so one was obtained grounded upon a desire of the two young Persons to marry together for preserving Peace between the Crowns of England and Spain by which the Pope dispensed with it notwithstanding the Princess's Marriage to Prince Arthur which was as is said in the Bull perhaps consummated The Pope was then in War with Lewis the twelfth of France and so would refuse nothing to the King of England being perhaps not unwilling that Princes should contract such Marriages by which the Legitimation of their Issued epending on the Pope's Dispensation they would be thereby obliged in Interest to support that Authority upon this a Marriage followed the Prince being yet under Age but the same day in which he came to be of Age he did by his Father's Orders make a Protestation that he retracted and annulled his Marriage Henry the seventh at his Death charged him to break it off entirely being perhaps apprehensive of such a return of Confusion upon a controverted Succession to the Crown as had been during the Wars of the Houses of York and Lancaster but upon his Death Henry the Eighth being then eighteen Years of Age married her She bore him two Sons who died soon after they were born and a Daughter Mary that lived to reign after him Matches proposed for his Daughter but after that the Queen contracted some Diseases that made her unacceptable to the King so all hope of any other Issue failing several Matches were proposed for his Daughter the first was with the Dauphin then she was contracted with the Emperor and after that a Proposition was made for the King of Scotland and last of all a Treaty was made with Francis the first either for himself he being then a Widower or for his second Son the Duke of Orleans to be determin'd at his Option upon which the Bishop of Tarbe was sent over Ambassador to conclude it he made an Exception that the Marriage was doubtful and the Lady not legitimate which had been likewise made by the Cortes of Spain by whose Advice the Emperor broke the Contract upon that very account so that other Princes moving Scruples against a Marriage with his Daughter the Heir of so great a Crown the King began to make some himself or rather to publish them for he said afterwards he had them some Years before Yet the Cardinal's hatred to the Emperor was look'd on as one of the secret Springs of the King's Aversion to his Aunt which the King vindicating him in publick afterwards did not remove that being considered only as a Court Contrivance The King seemed to lay the greatest Weight on the prohibition in the Levitical Law of marrying the Brother's Wife The King has some scruples concerning his Marriage and he being conversant in Thomas Aquinas's Writings found that he and the other Schoolmen look'd on those Laws as Moral and for ever binding and that by Consequence the Pope's Dispensation was of no force since his Authority went not so far as to dispence with the Laws of God All the Bishops of England Fisher of Rochester only excepted declared under their Hands and Seals that they judged the Marriage unlawful The ill Consequences of Wars that might follow upon a doubtful Title to the Crown were also much considered or at least pretended It is not probable that the engagement of the King's Affections to any other gave the rise to all this for so prying a Courtier as Wolsey was would have discovered it and not have projected a Marriage with Francis's Sister if he had seen the King prepossessed It is more probable that the King conceiving himself upon the point of being discharged of his former Marriage gave a free scope to his Affections which upon that came to settle on Anne Bolleyn The King had reason enough to expect a quick and favourable dispatch of his business at Rome where Dispensations or Divorces in Favour of Princes used to pass rather with regard to the Merits of the Prince that desired them than of the Cause it self His Alliance seemed then necessary to the Pope who was at that time in Captivity Nor could the Emperour with any good colour oppose his Suit since he had broken his Contract with his Daughter upon the account of the doubtfulness of the Marriage The Cardinal had also given him full Assurances of a good Answer from Rome whether upon the knowledg he had of that Court and of the Pope's temper or upon any promise made him is not certain The Reasons gathered by the Canonists for annulling the Bull of Dispensation upon which the Divorce was to follow in course were grounded upon some false suggestions in the Bull and upon the Protestation which the King had made when he came to be of Age. In a word they were such that a favourable Pope left to himself would have yielded to them without any scruple Anne Bolleyn was born in the year 1507 and went to France at seven years of Age and returned twelve years after to England She was much admired in both Courts and continued to live without any Blemish till her unfortunate Fall gave occasion to some malicious Writers to defame her in all the Parts of her Life She was more beautiful than graceful and more chearful than discreet She wanted none of the Charms of Wit or Person and must have had extraordinary Attractives since she could so long manage such a King's Affection in which her being with Child soon after the Marriage shews that in the whole course of seven years she kept him at a due distance Upon her coming to England the Lord Piercy being then a Domestick of the Cardinals made love to her and went so far as to engage himself some way to
Evidence as appears by Spelman's Account of it that was then a Judg was only the Declaration of a dead Woman but whether that was forged or real can never be known till the great Day discovers it The Judgment in case of Treason for a Woman is Burning but it was given either for that or beheading at the King's Pleasure The Judges complained of this as contrary to Law but there was a secret Reason for it into which they did not penetrate The Earl of Northumberland was one of the Judges he had been once in love with the Queen and either some return of that or some other Accident made that he fell suddenly so ill that he could not stay out the Trial for after the Queen was judged he went out of the Gourt before her Brother was tried who was condemned upon the same Evidence Yet all this did not satisfy the enraged King he resolved to illegitimate his Daughter and in order to that to annul his Marriage with the Queen It was remembred that the Earl of Northumberland had said to Cardinal Wolsey that he had engaged himself so far with her that he could not go back which was perhaps done by some Promise conceived in Words of the Future Tense but no Promise unless in the Words of the Present Tense could annul the Subsequent Marriage Perhaps the Queen did not understand that Difference or probably the fear of so terrible a Death as Burning wrought so much on her that she confessed a Contract but the Earl denied it positively and took the Sacrament upon it wishing that it might turn to his Damnation if there was ever either Contract or Promise of Marriage between them She was secretly carried to Lambeth and confessed a Precontract upon which her Marriage with the King was judged null from the beginning yet this was so little known at that time that Spelman writes of it as a thing only talked of but it was published in the next Parliament These two Sentences contradicted one another for if she was never the King's Wife she could not be guilty of Adultery for there could be no breach of the Faith of Wedlock if they were never truly married But the King was resolved both to be rid of her and to declare his Daughter by her a Bastard When she had Intimations given her to prepare for Death Her Execution among other things she reflected on her Carriage to Lady Mary to whom she had been too severe a Stepmother So she made one of her Women sit down and she fell on her Knees before her and charged her to go to Lady Mary and in that Posture and in her Name to ask her Forgiveness for all she had done against her This Tenderness of Conscience seemed to give much Credit to the continual Protestations of her Innocence which she made to the last The day before her Death she sent her last Message to the King asserting her Innocence recommending her Daughter to his Care and thanking him for his advancing her first to be a Marchioness then to be a Queen and now when he could raise her no higher on Earth for sending her to be a Saint in Heaven The day she died the Lieutenant of the Tower writ to Cromwell that it was not fit to publish the time of her Execution for the fewer that were present it would be the better since he believed she would declare her Innocence at the hour of her Death for that morning she had made great Protestations of it when she received the Sacrament and seemed to long for Death and had great Joy and Pleasure in it she was glad to hear the Executioner was good for she said she had a very short Neck at which she laughed heartily A little before Noon she was brought to the place of Execution there were present some of the Chief Officers and Great Men of the Court she was it seems prevailed on out of regard to her Daughter to make no Reflections on the hard measure she met with nor to say any thing touching the Grounds on which Sentence past against her only she desired that all would judg the best she commended the King highly and so took her leave of the World She was for some time in her private Devotions and concluded To Christ I commend my Soul upon which the Executioner who was brought from Calis on that occasion cut off her Head and so little regard was had to her Body that it was put in a Chest of Elm-tree made to send Arrows into Ireland and was buried in the Chappel in the Tower Norris was much dealt with to accuse her and his Life was promised him if he would do it but he said he knew she was Innocent and would die a thousand times rather than defame her so he and the other three were beheaded and all of them continued to the last to vindicate her Smeton was hanged and it was said that he retracted all before he died but of that there is no certainty When this was done it was very variously censured The Popish Party observed that she who had supplanted Queen Katherine Censures past upon it did now meet with harder measure her faint way of speaking concerning her Innocence at last was judged too high a Complement to the King in a dying Woman and shewed more regard to her Daughter than to her own Honour yet she writ a Letter to the King in so high a strain both of Wit and Natural Eloquence in her own Justification that it may be reckoned one of the best composed pieces of that time In her Carriage it seems there were some Freedoms that became not her Quality and had encouraged those infortunate Persons to make some Addresses to her which is never done when there is such difference of Conditions without some Encouragement is first given It was said on the other hand that the King of all Men had the least reason to suspect her since after six Years Courtship he gained nothing from her before he married her but the Particulars she confessed gave much matter for Jealousy especially in so violent a Man to work upon and so it was no wonder if it transported him out of measure Others condemned Cranmer as too obsequious for passing the Sentence annulling the Marriage yet when she came and confessed a Precontract in Court he could not avoid the giving Sentence upon it All that hated the Reformation infulted and said it now appeared how bad that Cause was which was supported by such a Patron But it was answered that her Faults could not reflect on those who being ignorant of them had desired her Protection Gregory the Great had courted and magnified Phocas and Brunichild after he knew their Villanies and Irene after her barbarous Cruelties was rot a little extolled for her Zeal in the matter of Images It has seemed strange to some that during her Daughter's long and glorious Reign none writ in Vindication of her Mother which
York and that Courts of Justice should be set up there they desired that some Acts of Parliament might be repealed that the Princess Mary might be restored to her Right of Succession and the Pope to his wonted Jurisdiction that the Monasteries might be again set up that Audley and Cromwell might be put from the King and that some of the Visitors might be imprisoned for their Bribery and Extortion But these being rejected the Rebels took heart again upon which the Duke of Norfolk advised the King to gentle Methods he in his Heart wished that all their Demands might be granted and the Ld Darcy did accuse him afterwards as if he had encouraged them to make them The King sent him a general Pardon without any Exceptions to be made use of as he saw Cause The Rebels finding that with the loss of time they lost Heart resolved to fall upon him and beat him from Doncaster but at two several times in which they had resolved to pass the River such Rains fell out as made it unpassable which was magnified as next to a Miracle and made great Impressions on the Rebels Minds The King sent a long Answer to their Demands he assured them he would live and dye in the Defence of the Christian Faith but the Rabble ought not to prescribe to him and to the Convocation in that matter he answered that which concerned the Monasteries as he had done to the Men of Lincolnshire For the Laws a Multitude must not pretend to alter what was established he had governed them now 28 Years his Subjects had enjoyed great Safety and been very gently used by him in all that time It was given out that when he began to raign he had many of the Nobility in his Council and that he had then none but Men meanly born this was false for he found but two Noble-Men of his Council and at present there were 7 Temporal Lords and 4 Bishops in it It was necessary to have some that knew the Law of England and Treaties with Forreign Princes which made him call Audley and Cromwell to the Board If they had any Complaints to make of any about him he was ready to hear them but he would not suffer them to direct him what Counsellours he ought to employ nor could they judg of the Bishops that were promoted who were not known to them he charged them not to believe Lies nor be governed by Incendiaries but to submit to his Mercy On the 9th of December he signed a Proclamation of Pardon without any Restrictions When this was known They are every-where quieted and the Rage of the People cooled they were willing to lay hold on it and all the Artifices that some of the Clergy and their Leaders could use had no other Effect but to draw as many together as brought them under new Guilt and made them forfeit the benefit of the King's Pardon Many came in and renewed their Oaths of Allegiance and promising all Obedience for the future Ask was invited to the Court and well used by the King on design to learn from him all the secret Correspondencies they had in the other parts of the Kingdom for the Disposition to Rebel was general only they were not all alike forward in it It was in particular believed that the great Abbots cherished it for which some of them were afterwards attained Darcy pleaded his great Age being then fourscore and the Eminent Service he had done the Crown for fifty Years together and that he was forced for his own Preservation to go along with the Rebels but yet he was put in Prison This gave the Clergy Advantages to infuse it in the People that the Pardon would not be well kept So 8000 run together again and thought to have surprized Carlile but the Duke of Norfolk fell on them and routed them and by Martial Law hanged their Captains and 70 other Persons Others thought to have surprized Hull but were likewise routed and many of them were hanged Many other little Risings were quickly dispersed and such was the Duke of Norfolk's Vigilance that he was every where upon them before they could grow to any Number and before the end of January the Country was absolutely quieted Ask left the Court without leave but was soon retaken and hanged at York The Lord Darcy and Hussy were arraigned at Westminster and condemned by their Peers the one for the Yorkshire and the other for the Lincolnshire Insurrections Darcy was beheaded on Tower-hill his old Age and former Services made him to be much lamented Hussy was beheaded at Lincoln Darcy accused the Duke of Norfolk but he desired a Trial by Combate upon it yet the Services he had lately done were such that the King would not seem to have any Jealousy of him After these and several other Executions were over the King proclaimed a General Oblivion in July by which the Nation was again put in a quiet Condition and this threatning Storm was now quite dissipated As soon as it was over the King went on more resolutely in his Design of suppressing the Monasteries for he was now less apprehensive of any new Commotions after so many had been so happily quasht and that the chief Incendiaries had suffered A new Visitation was appointed to enquire into the Conversation of the Monks The greater Monasteries resigned to the King to examine how they stood affected to the Pope and how they promoted the King's Supremacy They were likewise ordered to examine what Impostures might be among them either in Images or Relicks by which the Superstition of the credulous People was wrought on Some few Houses of greater value were prevailed with the former Year to surrender to the King Many of the Houses that had not bin dissolved tho they were within the former Act were now supprest and many of the greater Abbots were wrought on to surrender by several Motives Some had been faulty during the Rebellion and so to prevent a Storm offered a Resignation Others liked the Reformation and did it on that account some were found guilty of great Disorders in their Lives and to prevent a shameful Discovery offered their Houses to the King and others had made such Wasts and Dilapidations that having taken Care of themselves they were less concerned for others At St. Albans the Rents were let so low that the Abbot could not maintain the Charge of the Abby At Battel the whole Furniture of the House and Chappel was not above an 100 l. in value and their Plate was not 300 l. In some Houses there was scarce any Plate or Furniture left Many Abbots and Monks were glad to accept of a Pension for Life and that was proportioned to the value of their House and to their Innocence The Abbots of St. Albans and Tewkesbury had 400 Marks a Year The Abbots of St. Edmondsbury was more innocent and more resolute The Visitors wrote that they found no Scandals in that House but at last
the Bishop to be proceeded in by him only with the assistance of his Clergy and this fatal errour then committed has not yet met with an effectual regulation Another Act was made against idle Vagabonds An Act against Vagabonds that they should be made slaves for two years by any that should seize on them This was chiefly designed against some Vagrant Monks as appears by the Proviso's in the Act for they went about the Countrey infusing in the People a dislike of the Government The severity of this Act made that the English Nation which naturally abhors slavery did not care to execute it and this made that the other Proviso's for supplying those that were truly indigent and were willing to be imployed had no effect But as no Nation has better and more merciful Laws for the supply of the Poor so the fond pity that many shew to the common Beggars which no Laws have been able to restrain makes that a sort of dissolute and idle Beggars intercept much of that Charity which should go to the relief of those that are indeed the only proper objects of it An Act for dissolving the Changries After this came the Act for giving the King all those Chantries which the late King had not seized on by Vertue of the Grant made to him of them Cranmer opposed this much for the poverty of the Clergy was such that the State of Learning and Religion was like to suffer much if it should not be relieved and yet he saw no probable Fond for that but the preserving these till the King should come to be at Age and allow the selling them for buying in of at least such a share of the Impropriations as might afford some more comfortable subsistence to the Clergy yet though he and seven other Bishops dissented it was past After all other Acts a General Pardon but clogged with some Exceptions came last some Acts were proposed but not past one was for the free use of the Scriptures others were for a Court of Chancery in Ecclesiastical Causes for Residence and for a Reformation of the Courts of Common Law The Convocation fits The Convocation sat at the same time and moved that a Commission begun in the late Reign of thirty two Persons for reforming the Ecclesiastical Laws might be revived and that the inferiour Clergy might be admitted to sit in the House of Commons for which they alledged a Clause in the Bishops Writ and Ancient Custome and since some Prelates had under the former Reign begun to alter the form of the Service of the Church they desired it might be brought to perfection and that some care might be had of supplying the poor Clergy and relieving them from the Taxes that lay on them This concerning the inferiour Clergy's sitting in the House of Commons was the subject of some debate and was again set on foot both under Queen Elizabeth and King James but to no effect Some pretended that they always sat in the House of Commons till the submission made in the former Reign upon the suit of the Praemunire but that cannot be true since in this Convocation 17. years after that in which many that had been in the former were present no such thing was alledged It is not clear who those Proctors of the Clergy that sat in Parliament were if they were the Bishops assistants it is more proper to think they sat in the House of Lords No mention is made of them as having a share in the Legislative Authority in our Records except in the 21. of Richard the 2d In which mention is made both of the Commons the Lords Spiritual and Temporal and the Proctors of the Clergy concurring to the Acts then made which makes it seem most probable that they were the Clerks of the lower House of Convocation When the Parliament met antiently all in one Body the inferiour Clergy had their Writs and came to it with the other Freeholders but when the two Houses were separated the Clergy became also a distinct body and gave their own Subsidies and medled in all the concerns and represented all the grievances of the Church But now by the Act made upon the submission of the Clergy in the last Reign their power was reduced almost to nothing so they thought it reasonable to desire that either they might have their Representatives in the House of Commons or at least that matters of Religion should not pass without the assent of the Clergy But the raising the Ecclesiastical authority too high in former times made this turn that it was now depressed as much below its just limits as it was before exalted above them as commonly one extreme produces another It was resolved that some Bishops and Divines should be sent to Windsor to finish some Reformations in the publick Offices for the whole lower House of Convocation without a contradictory Vote agreed to the Bill about the Sacrament But it is not known what opposition it met with in the Upper House A Proposition being also set on foot concerning the lawfulness of the Marriage of the Clergy thirty five subscribed to the affirmative and only fourteen held the Negative And thus ended this Session both of Parliament and Convocation And the Protector being now established in his power and received by a Parliament without contradiction took out a new Commission in which besides his former authority he was impowered to substitute one in his room during his absence In Germany the Princes of the Smalcaldick League were quite ruined The affairs of Germany the Duke of Saxe was defeated and taken Prisoner and used with great severity and scorn which he bare with an invincible greatness of mind The Landgrave was perswaded to submit and had assurances of liberty given him but by a trick unbecoming the greatness of the Emperour he was seized on and kept Prisoner contrary to faith given upon this all the Princes and Towns except Magdeburg and Brome submitted and purchased their pardon at what terms the Conquerour was pleased to impose The Bishop and Elector of Colen withdrew peaceably to a retirement in which after four years he died and now all Germany was at the Emperours mercy Some Cathedrals as that at Ausburg were again restored to the Bishops and Mass was said in them A Diet was also held in which the Emperor obtain'd a Decree to pass by which matters of Religion were referred wholly to his care The Pope instead of rejoycing at this blow given the Lutherans was much troubled at it for the Emperour had now in one Year made an end of a War which he hoped would have Imbroiled him his whole life so that Italy was now more at his mercy than ever and it seemed the Emperour intended to inlarge his Conquests there for the Pope's Natural Son being killed by a Conspiracy the Governour of Milan seized on Placentia which gave the Pope some jealousie as if the Emperour had been privy to
carried in Parliament Gardiners policy in the steps of this change as well as the Court could wish and upon this Gardiner's reputation was much raised for bringing about so great a change in so little time with so little opposition He took much pains to remove all the Objections that were generally made use of they were chiefly two the one was the fear of coming under such Tyranny from Rome as their Ancestors had groaned under and the other was the loss of the Abbey-Lands But to the first he said that all the old Laws against Provisions from Rome should still continue in force and to shew them that Legates should exercise no dangerous authority in England he made Pool take out a Licence under the Great Seal for his Legatine power As for the other he promised both an Act of Parliament and Convocation confirming them and undertook that the Pope should ratifie these as well as his Legate did now consent to them But to all this it was answered that if the Nation were again brought under the old Superstition and the Papal authority established it would not be possible to bridle that power which would be no longer kept within limits if once they became Masters again and brought the World under a blind obedience It was objected that the Church-Lands must be certainly taken back it was not likely the Pope would confirm the alienation of them but though he should do it yet his Successors might annul that as sacrilegious And it was observed in the charge which Pool gave to all to make restitution by the repeal of the statute of Mortmain that it was intended to possess the Nation with an Opinion of the Unlawfulness of keeping those Lands which would probably work much on Men that were near death and could not resist the terrours of Purgatory or perhaps of Hell for the sin of Sacriledge and so would be easily induced to make restitution of them especially at such a time when they were not able to possess them any longer themselves Now the Parliament was at an end Consultations about the way of proceeding against Hereticks and the first thing taken into consideration was what way they ought to proceed against the Hereticks Pool had been suspected to bear some favour to them formerly but he took great care to avoid all occasions of being any more blamed for that and indeed he lived in that distrust of all the English that he opened his thoughts to very few for his chief Confidents were two Italians that came over with him Priuli and Ormaneto Secretary Cecyl who in matters of Religion complied with the present time was observed to have more of his favour than any English Man had Pool was an Enemy to all severe proceedings he thought Churchmen should have the tenderness of a Father and the care of a Shepherd and ought to reduce but not devour the stray sheep he had observed that Cruelty rather inflamed than cured that Distemper he thought the better and surer way was to begin with an effectual Reformation of the manners of the Clergy since it was the scandals given by their ill conduct and Ignorance that was the chief cause of the growth of Heresie so he concluded that if a Primitive Discipline should be revived the Nation would by degrees lay down their prejudices and might in time be gained by gentle methods Gardiner on the other hand being of an abject and cruel temper himself thought the strict execution of the Laws against the Lollards was that to which they ought chiefly to trust if the Preachers were made publick Examples he concluded the People would be easily reclaimed for he pretended that it was visible if King Henry had executed the Act of the six Articles vigorously all would have submitted he confessed a Reformation of the Clergy was a good thing but all times could not bear it if they should proceed severely against scandalous Churchmen the Hereticks would take advantage from that to defame the Church the more and raise a clamour against all Clergymen Gardiner's spite was at this time much whetted by the reprinting of his Books of true Obedience which was done at Strasburg and sent over In it he had called King Henry's marriage with Queen Catherine Incestuous and had justified his Divorce and his second Marriage with his most godly and vertuous Wife Queen Anne This was a severe exposing of him but he had brow enough and bore down these reproaches by saying Peter had denied his Master but others said a Compliance of 25. years continuance was very unjustly compared to a sudden denial that was presently expiated with so sincere a Repentance The Queen was for joining both these Councils together and intended to proceed at the same time both against scandalous Churchmen and Hereticks After the Parliament was over there was a solemn Procession of many Bishops and Priests Bonner carrying the Host to thank God for reconciling the Nation again to Saint Peter's Chair and it having been done on St. Andrew's Day that was appointed to be an Anniversary and was called The Feast of the Reconciliation But soon after began the Persecution Rogers Hooper Taylor Bradford A Persecution set on foot and seven more were brought before the Council and asked one by one if they would return to the Union of the Catholick Church and acknowledge the Pope but they all answered resolutely that they had renounced the Pope's power as all the Bishops had also done they were assured he had no authority but over his own Diocess for the first four Ages so they could not submit to his Tyranny Gardiner told them Mercy was now offered them but if they rejected it Justice would be done next so they were all sent back to Prison except one who had great Friends so he was only asked if he would be an honest man and upon that promise was dismist They began with Rogers whose Imprisonment was formerly mentioned Many had advised him to make his escape and flie to Germany but he would not do it though a Family of Ten Children was a great Temptation Both he and Hooper were brought before Gardiner Rogers and Hooper condemned and burnt Bonner Tonstall and three other Bishops They asked them whether they would submit to the Church or not but they answered that they looked on the Church of Rome as Antichristian Gardiner said that was a reproach on the Queen Rogers said they honoured the Queen and lookt for no ill at her hands but as she was set on to it by them Upon that Gardiner and the other Bishops declared that so far were they from setting on the Queen to the executing of the Law that she commanded them to do it and this was confirmed by two Privy Councellours that were present In conclusion they gave them time till next Morning to consider what they would do and then they continuing firm they declared them obstinate Hereticks and degraded them but they did