and Temporalty did without compulsion give their assent he remembers her what opposition the stiff-necked Papists gave him and what Rebellions they raised against him which he wonders how she came so soon to forget Adding that death had prevented him before he had finished these Godly Orders which he had designed and that no kind of Religion was perfected at his death but all was left so uncertain that it must inevitably bring on great disorders if God did not help them and that himself and many others could witness what regret their late Master had when he saw he must die before he had finished what he intended He wond'red that she who had been well bred and was learned should esteem true Religion and the knowledge of the Scriptures Newfangledness or Fantasie He desired she would turn the Leaf and look on the other side and would with an humble Spirit and by the assistance of the Grace of God consider the matter better Thus things went on till the Parliament met The Parliament meets which was summoned to meet the fourth of November The day before it met Novemb. 3. the Protector gave too publick an instance how much his prosperous success had lifted him up For by a Patent under the Great Seal Rot. Pat. 1. Reg. 7. Part. he was warranted to sit in Parliament on the Right Hand of the Throne under the Cloath of State and was to have all the Honours and Priviledges that at any time any of the Unkles of the Kings of England whether by the Fathers or Mothers side had enjoyed with a Non obstante to the Statute of Precedence The Lord Rich had been made Lord Chancellor on the 24th of October but whether the Protector or he opened the Parliament by any Speech does not appear from the Journal of the Lords House On the 10th of Decemb. Decemb. 10. a Bill was brought in for the repealing several Statutes It was read the second time on the 12th and the third time on the 16th day On the 19th 19. some Provisoes were added to it and it was sent down to the Commons who sent it up the 23d of December 23. Dec. to which the Royal Assent was given The Commons had formed a new Bill for repealing these Statutes which upon some Conferences they were willing to let fall only some Provisoes were added to the old one upon which the Bishops of London Duresme Ely Hereford and Chichester dissented An Act repealing former severe Laws The Preamble of it sets forth That nothing made a Government happier than when the Prince governed with much clemency and the Subjects obeyed out of love Yet the late King and some of his Progenitors being provoked by the unruliness of some of their People had made severe Laws but they judging it necessary now to recommend the Kings Government to the affections of the People repealed all Laws that made any thing to be Treason but what was in the Act of 25 of Edw. the 3d as also two of the Statutes about Lollardies together with the Act of the six Articles and the other Acts that followed in explanation of that All Acts in King Henry the 8th's time declaring any thing to be Felony that was not so declared before were also repealed together with the Acts that made the Kings Proclamations of equal Authority with Acts of Parliament It was also Enacted That all who denied the Kings Supremacy or asserted the Popes in words should for the first offence forfeit their Goods and Chattels and suffer Imprisonment during pleasure For the second offence should incur the Pain of Praemunire and for the third offence be attainted of Treason But if any did in Writing Printing or by any overt Act or Deed endeavour to deprive the King of his Estate or Titles particularly of his Supremacy or to confer them on any other after the first of March next he was to be adjudged guilty of High Treason and if any of the Heirs of the Crown should usurp upon another or did endeavour to break the Succession of the Crown it was declared high Treason in them their Aiders and Abettors And all were to enjoy the Benefit of Clergy and the Priviledge of Sanctuary as they had it before King Henry the 8th's Reign excepting only such as were guilty of Murder Poisoning Burglary Robbing on the High-way the stealing of Cattel or stealing out of Churches or Chappels Poisoners were to suffer as other Murderers None were to be accused of Words but within a Month after they were spoken And those who called the French King by the Title of King of France were not to be esteemed guilty of the Pains of translating the Kings Authority or Titles on any other In Ch. Coll. Camb. among Parkers Papers This Act was occasioned by a Speech that Arch-bishop Cranmer had in Convocation in which he exhorted the Clergy to give themselves much to the study of the Scripture and to consider seriously what things were in the Church that needed Reformation that so they might throw out all the Popish trash that was not yet cast out Upon this some intimated to him that as long as the six Articles stood in force it was not safe for them to deliver their Opinions This he reported to the Council upon which they ordered this Act of Repeal By it the Subjects were delivered from many fears they were under and had good hopes of a mild Government when in stead of procuring new severe Law the old ones were let fall The Council did also free the Nation of the jealousies they might have of them by such an abridgment of their own Power But others judged it had been more for the interest of the Government to have kept up these Laws still in force but to have restrained the execution of them This Repeal drew on another which was sent from the Commons on the 20th of December and was agreed to by the Lords on the 21st It was of an Act in the 28th year of the last King by which all Laws made while his Son was under 24 years of Age might be by his Letters Patents after he attained that Age annulled as if they had never been Which they altered thus That the King after that Age might by his Letters Patents void any Act of Parliament for the future but could not so void it from the beginning as to annul all things done upon it between the making and annulling of it which were still to be lawful Deeds The next Bill of a publick nature was concerning the Sacrament Act about the Communion Which was brought in and read the first time on the 12th of Novemb. the second time on the 15th and was twice read on the 17th And on the 24th a Bill was brought in for the Communion to be received in both kinds on the third of December it was read the second time and given to the Protector on the 5th read again and given to two
with a hot Iron on their Breast A great many Provisoes follow concerning Clerks so convict which shew that this Act was chiefly levelled at the idle Monks and Friars who went about the Country and would betake themselves to no employment but finding the People apt to have compassion on them they continued in that course of life Which was of very ill consequence to the State For these Vagrants did every where alienate the Peoples Minds from the Government and perswaded them that things would never be well setled till they were again restored to their Houses Some of these came often to London on pretence of suing for their Pensions but really to practise up and down through the Country To prevent this there was a Proclamation set out on the 18th of September requiring them to stay in the Places where they lived and to send up a Certificate where they were to the Court of Augmentations who should thereupon give order for their constant payment Some thought this Law against Vagabonds was too severe and contrary to that common liberty of which the English Nation has been always very sensible both in their own and their Neighbours particulars Yet it could not be denied but extream Diseases required extream Remedies and perhaps there is no punishment too severe for Persons that are in health and yet prefer a loitering course of life to an honest employment There followed in the Act many excellent Rules for providing for the truly poor and indigent in the several Places where they were born and had their abode Of which this can only be said That as no Nation has laid down more effectual Rules for the supplying the Poor than England so that indeed none can be in absolute want so the neglect of these Laws is a just and great reproach on those who are charged with the execution of them when such numbers of poor Vagabonds swarm every where without the due restraints that the Laws have appointed On the 6th of December the Bill for giving the Chantries to the King was brought into the House of Lords An Act giving the Chantries to the King It was read the second time on the 12th the third time on the 13th and the fourth time on the 14th of that Month. It was much opposed both by Cranmer on the one hand and the Popish Bishops on the other The late Kings Executors saw they could not pay his Debts nor satisfie themselves in their own pretensions formerly mentioned out of the Kings Revenue and so intended to have these to be divided among them Cranmer opposed it long For the Clergy being much empoverished by the Sale of the impropriated Tithes that ought in all reason to have return'd into the Church but upon the dissolution of the Abbies were all sold among the Laity he saw no probable way remaining for their supply but to save these Endowments till the King were of Age being confident he was so piously disposed that they should easily perswade him to convert them all to the bettering of the Condition of the poor Clergy that were now brought into extream misery And therefore he was for reforming and preserving these Foundations till the Kings full Age. The Popish Bishops liked these Endowments so well that upon far different Motives they were for continuing them in the state they were in But those who were to gain by it were so many that the Act passed the Arch-bishop of Canterbury the Bishops of London Duresme Ely Norwich Hereford Worcester and Chichester dissenting So it being sent down to the House of Commons was there much opposed by some Burgesses who represented that the Boroughs for which they served could not maintain their Churches and other publick Works of the Guilds and Fraternities if the Rents belonging to them were given to the King for these were likewise in the Act. This was chiefly done by the Burgesses of Linn and Coventry who were so active that the whole House was much set against that part of the Bill for the Guild-Lands Therefore those who managed that House for the Court took these off by an assurance that their Guild-Lands should be restored to them And so they desisted from their opposition and the Bill passed on the promise given to them which was afterwards made good by the Protector In the Preamble of the Act it is set forth That the great superstition of Christians rising out of their ignorance of the true way of Salvation by the death of Christ in stead of which they had set up the vain conceits of Purgatory and Masses satisfactory was much supported by Trentals and Chantries And since the converting these to godly uses such as the endowing of Schools Provisions for the Poor and the augmenting of Places in the Universities could not be done by Parliament they therefore committed it to the care of the King And then reciting the Act made in the 37th year of his Fathers Reign they give the King all such Chantries Colledges and Chappels as were not possessed by the late King and all that had been in being any time these five years last past as also all Revenues belonging to any Church for Anniversaries Obits and Lights together with all Guild-Lands which any Fraternity of Men enjoyed for Obits or the like and appoint these to be converted to the maintenance of Gramar-Schools or Preachers and for the encrease of Vicarages After this followed the Act giving the King the Customs known by the Name of Tonnage and Poundage besides some other Laws of Matters that are not needful to be remembred in this History Last of all came the Kings general Pardon with the common mon Exceptions among which one was of these who were then Prisoners in the Tower of London in which the Duke of Norfolk was included So all business being ended the Parliament was Prorogued from the 24th of December to the 20th of April following Acts that were proposed but not carried But having given this account of these Bills that were passed I shall not esteem it an unfruitful piece of History to shew what other Bills were designed There were put into the House of Lords two Bills that were stifled The one was for the use of the Scriptures which came not to a second reading The other was a Bill for erecting a new Court of Chancery for Ecclesiastical and Civil Causes which was committed to some Bishops and Temporal Lords but never more mentioned The Commons sent up also some Bills which the Lords did not agree to One was about Benefices with Cure and Residence It was committed but never reported Another was for the Reformation of divers Laws and of the Courts of Common-Law and a third was that married Men might be Priests and have Benefices To this the Commons did so readily agree that it being put in on the 19th of December and read then for the first time it was read twice the next day and sent up to the Lords on the 21st But
of late there had been great difference in the Administration of the Sacraments and other parts of Divine Worship and that the most effectual endeavours could not stop the Inclinations of many to depart from the former Customs which the King had not punished believing they flowed from a good zeal But that there might be an uniforme way over all the Kingdom the King by the advice of the Lord Protector and his Council had appointed the Arch-bishop of Canterbury with other learned and discreet Bishops and Divines to draw an Order of Divine Worship having respect to the pure Religion of Christ taught in the Scripture and to the practice of the Primitive Church which they by the Aid of the Holy Ghost had with one uniforme agreement concluded on wherefore the Parliament having considered the Book and the things that were altered or retained in it they gave their most humble thanks to the King for his care about it and did pray that all who had formerly offended in these matters except such as were in the Tower of London or the Prison of the Fleet should be pardoned and did Enact that from the Feast of Whit-Sunday next all Divine Offices should be performed according to it and that such of the Clergy as should refuse to do it or continue to officiate in any other manner should upon the first conviction be imprisoned six Months and forfeit a years Profit of their Benefice For the second offence forfeit all their Church Preferments and suffer a years Imprisonment And for the third offence should be imprisoned during life And all that should write or put out things in print against it or threaten any Clergy-men for using it were to be fined in 10 l. for the first offence 20 for the second and to forfeit all their Goods and be imprisoned for life upon a third offence Only at the Vniversities they might use it in Latin and Greek excepting the Office of the Communion It was also lawful to use other Psalms or Prayers taken out of the Bible so these in the Book were not omitted This Act was variously censured by those who disliked it The Censures passed upon it Some thought it too much that it was said the Book was drawn by the Aid of the Holy Ghost But others said this was not to be so understood as if they had been inspired by extraordinary assistance for then there had been no room for any correction of what was now done and therefore it was only to be understood in that sense as all good Motions and Consultations are directed or assisted by the secret influences of Gods Holy Spirit which do oft help good Men even in their imperfect actions where the good that is done is justly ascribed to the Grace of God Others censured it because it was said to be done by uniform agreement though four of the Bishops that were employed in the drawing of it protested against it These were the Bishops of Norwich Hereford Chichester and Westminster but these had agreed in the main parts of the Work though in some few Particulars they were not satisfied which made them dissent from the whole Singing of Psalms brought in The Proviso for the Psalms and Prayers taken out of the Bible was for the Singing Psalms which were translated into Verse and much sung by all who loved the Reformation and were in many Places used in Churches In the Ancient Church the Christians were much exercised in repeating the Psalms of David many had them all by heart and used to be reciting them when they went about their Work and those who retired into a Monastical course of life spent many of their hours in repeating the Psalter Apollinaris put them in verse as being easier for the memory Other devout Hymns came to be also in use Nazianzen among the Greeks and Prudentius among the Latines laboured on that Argument with the greatest success There were other Hymns that were not put in verse the chief of which were that most ancient Hymn which we use now after the Sacrament and the Celebrated Ambrosian Hymn that begins Te Deum Laudamus But as when the Worship of the departed Saints came to be dressed up with much pomp Hymns were also made for their honour and in Latin Tongue as well as Prosody being then much decayed these came to be cast into Rithmes and were written generally in a fantastical affected Style So now at the Reformation some Poets such as the times afforded translated Davids Psalms into verse and it was a sign by which Mens affections to that Work were every where measured whether they used to sing these or not But as the Poetry then was low and not raised to that justness to which it is since brought so this Work which then might pass for a tolerable composure has not been since that time so reviewed or changed as perhaps the thing required hence it is that this piece of Divine Worship by the meanness of the Verse has not maintained its due esteem Another thing that some thought deserved to be considered in such a Work was that many of the Psalms being such as related more specially to Davids Victories and contained Passages in them not easily understood it seemed better to leave out these which it was not so easie to sing with Devotion because the meaning of them either lay hid or did not at all concern Christians The Parliament was adjourned from the 22d of December to the second of Jan. On the 7th of Jan. the Commons sent an Address to the Protector to restore Latimer to the Bishoprick of Worcester 1549. but this took no effect for that good old Man did choose rather to go about and preach than to engage in a matter of Government being now very ancient A Bill was put in by the Lords for appointing of Parks Jour Proc. and agreed to the Earl of Arundel only dissenting but being sent down to the Commons it was upon the second reading thrown out yet not so unanimously but that the House was divided about it On the fourth of Feb. a Bill was put in against eating Flesh in Lent and on Fasting days it was committed to the Arch-bishop of Canterbury the Bishops of Ely Worcester and Chichester and sent to the Commons on the 16th who sent it up on the 7th of March with a Proviso to which the Lords agreed In the Preamble it is said An Act about Fasts That though it is clear by the Word of God that there is no Day nor kind of Meat purer than another but that all are in themselves alike yet many out of sensuality had contemned such abstinence as had been formerly used and since due abstinence was a mean to vertue and to subdue Mens Bodies to their Soul and Spirit and was also necessary to encourage the Trade of Fishing and for saving of Flesh therefore all former Laws about Fasting and Abstinence were to be after the first of May
Priest said all these things should be amended speedily and knowing that a good Dinner was the best way to temper Bishop Bonner he desired him to go and dine at his House but Bonner took it so ill Bonner's rage that Hadham which was one of his own Churches was an ill Example to those about it that he lost all patience and reaching at Dr. Bricket that was the Parson's Name to beat him he misguided the stroke which fell on Sir Thomas Josselin's Ear with great force Fecknam then Dean of Pauls in Dr. May's room studied to appease Josselin and said to him That the Bishop's being so long in the Marshalsea had so disordered him that in his Passion he knew not what he did but when he came to himself he would be sorry for what he had done Josselin answered he thought now that he was taken out of the Marshalsea he should be carried to Bedlam But Bonner continued in his Fury and though he had purposed to stay at his House there some days and had ordered Provisions to be made yet he would needs be gone though it disordered the rest of his Visitation for he came to every place sooner than he intended or had given notice The Carvers and makers of Statues had now a quick Trade for Roods and other Images which were to be provided for all Places Bonner had observed that in most Churches the Walls were painted with places of Scripture and in many places there were Passages written that either favoured the Marriage of the Clergy or were against the Corporal Presence and the Sacrifice of the Mass and the multiplicity of the Ceremonies of the Church So he did at his return send out Episcopal Letters on the 24th of October to raze all those Paintings Upon this it was generally said That the Scriptures must be dasht out to make way for the Images since they were so contrary one to another that they could not decently stand together There were many ludicrous things every where done in derision of the old Forms and of the Images Many Poems were printed with other ridiculous Representations of the Latin Service and the Pageantry of their Worship But none occasioned more laughter than what fell out at Pauls the Easter before the custom being to lay the Sacrament into the Sepulchre at the Even Song on Good-Friday and to take it out by break of day on Easter Morning At the time of the taking of it out the Quire sung these words Surrexit non est hic He is risen he is not here The Sacrament stollen But then the Priest looking for the Host found it was not there indeed for one had stollen it out which put them all in no small disorder but another was presently brought in its stead Upon this a Ballad followed that their God was stollen and lost but a new one was made in his room This Railery was so salt that it provoked the Clergy much They offered large Rewards to discover him that had stollen the Host or had made the Ballad but could not come to the knowledg of it But they resolved e're long to turn that mirth and pleasantness of the Hereticks into severe mourning And thus Matters went on to the 11th of November A New Parliament when the third Parliament was summoned In the Writ of Summons the Title of Supream Head of the Church was left out though it was still by Law united to the other Royal Titles And therefore this was urged in the beginning of Queen Elizabeth's Reign as a good reason for annulling that Parliament since it was not called by a lawful Writ Now was Cardinal Pool allowed to come into England The Emperor had this Summer brought him to Flanders where to make a-mends for the rudeness of stopping him on his way he desired him to mediate a Peace between France and him but that had no effect It soon appeared that all things were so well prepared by Gardiner's Policy and the Spanish Gold that it would be an easy Matter to carry every thing in this Session The Lord Paget and the Lord Hastings were sent from the King and Queen to bring the Cardinal over At the opening of the Parliament it was an unusual sight to see both King and Queen ride in state and come into it with two Swords of State and two Caps of Maintenance carried before them The Swords were carried one by the Earl of Pembroke the other by the Earl of Westmoreland and the Caps by the Earls of Arundel and Shrewsbury The first Bill put into the Lords House was the Repeal of the Attainder of Cardinal Pool The Attainder of Cardinal Pool repealed it began on the 17th and was sent down to the Commons on the 19th who read it three times in one day and sent it up This Bill being to be passed before he could come into England it was questioned in the House of Commons Whether the Bill could be passed without making a Session which would necessitate a Prorogation It was resolved it might be done so on the 22d the King and Queen came and passed it It set forth that the only reason of his Attainder was because he would not consent to the unlawful Separation and Divorce between King Henry and his most godly vertuous and lawful Wife Queen Katherine Therefore they considering the true and sincere Conscience of the Cardinal in that Point and his other many godly Vertues and Qualities did repeal that Act. He comes to Eondon On the 24th he came to London but without the Solemnities of a Legates Entry because the Pope's Authority was not yet set up by Law What Cardinal Pool Instructions were I do not know nor is it fully understood by Learned Men what was the Power of a Legat a Latere in those Days But I found in the King 's Paper Office the Original Bull of Cardinal Beaton's Legatine Power in Scotland which it seems was intercepted by some of the King's Ships in the passage bâ— Sea thither or was sent up to London by those who killed him anâ— possessed themselves of his Castle and Goods And I having mentioned this Bull to those Learned Men by whose direction I have governed my self in this Work I did by their advice give it a room in the Collection Col. Number 17. though it be large since no doubt Cardinal Pool's Bull was in the same form In it the Reader will clearly perceive what Authoâ—iâ—â— was lodged in the Legats to overthrow and dispense with almost all tâ—â— Rules and Canons of the Church only some peculiar things which were more conspicuously scandalous were still reserved to the Apostolick See it self whose singular Priviledg it has been always esteemed to dispense with the best things and allow of the worst so the Pretenders to those Graces payed proportionably for them this Authority was too Sacred to be trusted even to a Legat it being the Prerogative of the Popes themselves to be the most eminent
down on the 13th of December But both these Bills were put in one and sent up by the Commons on the 20th of that Month and assented to by the King By this Act it was set forth That the way of choosing Bishops by Conge d'Eslire was tedious and expenceful that there was only a shadow of Election in it and that therefore Bishops should thereafter be made by the Kings Letters Patents upon which they were to be consecrated And whereas the Bishops did exercise their Authority and carry on Processes in their own Names as they were wont to do in the time of Popery and since all Jurisdiction both Spiritual and Temporal was derived from the King that therefore their Courts and all Processes should be from henceforth carried on in the Kings Name and be sealed by the Kings Seal as it was in the other Courts of Common-Law after the first of July next excepting only the Arch-bishop of Canterbury's Courts and all Collations Presentations or Letters of Orders which were to pass under the Bishops proper Seals as formerly Upon this Act great advantages were taken to disparage the Reformation as subjecting the Bishops wholly to the pleasure of the Court. At first The ancient ways of electing Bishops Bishops were chosen and ordained by the other Bishops in the Countries where they lived The Apostles by that Spirit of discerning which was one of the extraordinary gifts they were endued with did ordain the first Fruits of their Labours and never left the Election of Pastors to the discretion of the People Indeed when they were to ordain Deacons who were to be trusted with the distribution of the publick Alms they appointed such as the People made choice of but when St. Paul gave directions to Timothy and Titus about the choice of Pastors all that depended on the People by them was that they should be blameless and of good report But afterwards the poverty of the Church being such that Church-men lived only by the free bounty of the People it was necessary to consider them much so that in many Places the choice began among the People and in all Places it was done by their approbation and good liking But great disorders followed upon this as soon as by the Emperors turning Christians the Wealth of Church-benefices made the Pastoral Charge more desirable and the vast numbers of those who turned Christians with the Tide brought in great Multitudes to have their Votes in these Elections The inconvenience of this was felt early in Phrygia where the Council of Laodicea made a Canon against these Popular Elections Yet in other parts of Asia and at Rome there were great and often Contests about it In some of these many Men were killed In many Places the inferior Clergy chose their Bishops But in most Places the Bishops of the Province made the choice yet so as to obtain the consent of the Clergy and People The Emperors by their Laws made it necessary that it should be confirmed by the Metropolitans They reserved the Elections of the great Sees to themselves or at least the Confirmation of them Thus it continued till Charles the Great 's time But then the nature of Church-employments came to be much altered For though the Church had Predial Lands with the other Rights that belonged to them by the Roman Law yet he first gave Bishops and Abbots great Territories with some branches of Royal Jurisdiction in them who held these Lands of him according to the Fewdal Laws This as it carried Church-men off from the humility and abstraction from the World which became their Function so it subjected them much to the Humours and Interests of those Princes on whom they had their dependance The Popes who had made themselves Heads of the Hierarchy could not but be glad to see Church-men grow rich and powerful in the World but they were not so well pleased to see them made so much the more dependent on their Princes and no doubt by some of those Princes that were thus become Patrons of Churches the Bishopricks were either given for Money or charged with reserved Pensions Upon this the Popes filled the World with the complaints of Simony and of enslaving Church-men to court Interests and so would not suffer them to accept of Investitures from their Princes but set up for free Elections as they called them which they said were to be confirmed by the See-Apostolick So the Canons Secular or Regular in Cathedral Churches were to choose the Bishops and their Election was to be confirmed at Rome yet Princes in most Places got some hold of those Elections so that still they went as they had a mind they should Which was oft complained of as a great slavery on the Church and would have been more universally condemned if the World had not been convinced that the matter would not be much the better if there should have been set up either the Popular or Synodical Elections in which Faction was like to sway all King Henry had continued the old way of the Elections by the Clergy but so as that it seemed to be little more than a mockery but now it was thought a more ingenuous way of proceeding to have the thing done directly by the King rather than under the thin covert of an involuntary Election For the other Branch about Ecclesiastical Courts The Causes before them concerning Wills and Marriages being matters of a mixed nature and which only belong to these by the Laws of the Land and being no parts of the Sacred Functions it was thought no Invasion of the Sacred Offices to have these tried in the Kings Name But the Collation of Benefices and giving of Orders which are the chief parts of the Episcopal Function were to be performed still by the Bishops in their own Names Only Excommunication by a fatal neglect continued to be the punishment for contempts of these Courts which belonging only to the Spiritual Cognisance ought to have been reserved for the Bishop with the assistance of his Clergy But the Canonists had so confounded all the Ancient Rules about the Government of the Church that the Reformers being called away by Considerations that were more obvious and pressing there was not that care taken in this that the thing required And these errors or oversights in the first concoction have by a continuance grown since into so formed a strength that it is easier to see what is amiss than to know how to rectifie it On the 29th of November the Bill against Vagabonds was brought in An Act against Vagabonds By this it was Enacted That all that should any where loiter without work or without offering themselves to work three days together or that should run away from work and resolve to live idly should be seized on and whosoever should present them to a Justice of Peace was to have them adjudged to be his Slaves for two years and they were to be marked with the Letter V. imprinted
them but if their Divines had any scruple in which they desired satisfaction with a humble and obedient mind they should be heard And for a safe Conduct he thought it was a distrusting the Council to ask any other than what was already granted Soon after this there arrived Ambassadors from Strasburg and from other five Cities and those sent from the Duke of Saxe were on their Journey so the Emperor ordered his Ambassadors to study to gain time till they came and then an effectual course must be taken for compassing that about which he had laboured so long in vain to bring it to a happy conclusion And thus this Year ended The Parliament was opened on the 23d of January 1552. A Session of Parliament and sate till the 15th of April So I shall begin this Year with the account of the Proceedings in it The first Act that was put into the House of Lords was for an Order to bring Men to Divine Service which was agreed to on the 26th and sent down to the Commons who kept it long before they sent it back On the 6th of April when it was agreed to the Earl of Darby the Bishops of Carlisle and Norwich and the Lords Sturton and Windsor dissented The Lords afterwards brought in another Bill for authorizing a new Common-Prayer-Book according to the Alterations which had been agreed on the former Year This the Commons joyned to the former and so put both in one Act. By it was first set forth That an Order of Divine Service being published An Act authorizing the new Common-Prayer-Book many did wilfully abstain from it and refused to come to their Parish-Churches therefore all are required after the Feast of All-hallows next to come every Sunday and Holy-day to Common-Prayers under pain of the Censures of the Church And the King the Lords Temporal and the Commons did in Gods Name require all Arch-bishops Bishops and other Ordinaries to endeavour the due execution of that Act as they would answer before God for such Evils and Plagues with which he might justly punish them for neglecting that good and wholesome Law and they were fully authorized to execute the Censures of the Church on all that should offend against this Law To which is added That there had been divers doubts raised about the manner of the Ministration of the Service rather by the curiosity of the Ministers and Mistakers than of any other worthy Cause and that for the better explanation of that and for the greater perfection of the Service in some places where it was fit to make the Prayer and fashion of Service more earnest and fit to stir Christian People to the true honouring of Almighty God therefore it had been by the Command of the King and Parliament perused explained and made more perfect They also annexed to it the Form of making Bishops Priests and Deacons and so appointed this new Book of Service to be every where received after the Feast of All-Saints next under the same Penalties that had been enacted three years before when the former Book was set out Which was much censured It was upon this Act said by the Papists That the Reformation was like to change as oft as the Fashion did since they seemed never to be at a Point in any thing but new Models were thus continually framing To which it was answered That it was no wonder that the corruptions which they had been introducing for above a thousand years were not all discovered or thrown out at once but now the business was brought to a fuller perfection and they were not like to see any more material Changes Besides any that would take the pains to compare the Offices that had been among the Papists would clearly perceive that in every Age there was such an encrease of additional Rites and Ceremonies that though the old ones were still retained yet it seemed there would be no end of new improvements and additions Others wondred why the execution of this Law was put off so long as till the end of the Year All the account I can give of this is that it was expected that by that time the new Body of the Ecclesiastical Laws which was now preparing should be finished and therefore since this Act was to be executed by the Clergy the day in which it was to be in force was so long delayed till that Reformation of their Laws were concluded An Act concerning Treasons On the 8th of February a Bill of Treasons was put in and agreed to by all the Lords except the Lord Wentworth It was sent down to the Commons where it was long disputed and many sharp things were said of those who now bore the sway that whereas they who governed in the beginning of this Reign had put in a Bill for lessening the number of such offences now they saw the change of Councils when severer Laws were proposed The Commons at last rejected the Bill and then drew a new one which was passed By it they Enacted That if any should call the King or any of his Heirs named in the Statute of the 35th of his Fathers Reign Heretick Schismatick Tyrant Infidel or Usurper of the Crown for the first offence they should forfeit their Goods and Chattels and be imprisoned during pleasure for the second should be in a Praemunire for the third should be attainted of Treason but any who should advisedly set that out in printing or writing was for the first offence to be held a Traitor And that those who should keep any of the Kings Castles Artillery or Ships six days after they were lawfully required to deliver them up should be guilty of Treason that Men might be proceeded against for Treasons committed out of the Kingdom as well as in it They added a Proviso That none should be Attainted of Treason on this Act unless two Witnesses should come and to their face averr the Fact for which they were to be tried except such as without any violence should confess it and that none should be questioned for any thing said or written but within three Months after it was done This Proviso seems clearly to have been made with relation to the Proceeding against the Duke of Somerset in which the Witnesses were not brought to averr the Evidence to his Face and by that means he was deprived of all the benefit and advantage which he might have had by cross examining them It is certain that though some false Witnesses have practised the Trade so much that they seem to have laid off all shame and have a brow that cannot be daunted yet for the greatest part a bright serenity and cheerfulness attends Innocence and a lowring dejection betrays the Guilty when the Innocent and they are confronted together On the 3d of March a Bill was brought into the Lords for Holy-days and Fasting days and sent down to the Commons on the 15th of March An Act about Fasts and Holy-days by
whom it was passed and had the Royal Assent In the Preamble it is set forth That Men are not at all times so set on the performance of Religious Duties as they ought to be which made it necessary that there should be set times in which labour was to cease that Men might on these days wholly serve God which days were not to be accounted holy of their own nature but were so called because of the Holy Duties then to be set about so that the Sanctification of them was not any Magical Vertue in that time but consisted in the dedicating them to Gods Service that no day was dedicated to any Saint but only to God in remembrance of such Saints that the Scripture had not determined the number of Holy-days but that these were left to the liberty of the Church Therefore they Enact That all Sundays with the days marked in the Calendar and Liturgy should be kept as Holy-days and the Bishops were to proceed by the Censures of the Church against the disobedient A Proviso was added for the observation of St. George's Feast by the Knights of the Garter and another That Labourers or Fisher-men might if need so required work on those days either in or out of Harvest The Eves before Holy-days were to be kept as Fasts and in Lent and on Fridays and Saturdays abstinence from Flesh was Enacted but if a Holy-day fell to be on a Mâ—nday the Eve for it was to be kept on Saturday since Sunday was never to be a Fasting-day But it was generally observed that in this and all such Acts the People were ready enough to lay hold on any relaxation made by it but did very slightly observe the stricter parts of it so that the liberty left to Trades-men to work in cases of necessity was carried further than it was intended to a too publick profanation of the time so sanctified and the other parts of it directing the People to a conscientious observing of such times was little minded On the 5th of March a Bill concerning the relief of the Poor was put into the House of Lords the Form of passing it has given occasion to some to take notice that though it is a Bill for taxing the Subjects yet it had its first birth in the Lords House and was agreed to by the Commons By it the Church-wardens were empow'red to gather charitable Collections for the Poor and if any did refuse to contribute or did disswade others from it the Bishop of the Diocess was to proceed against them On the 9th of March the Bishops put in a Bill for the security of the Clergy from some ambiguous words that were in the submission which the Convocation had made to King Henry in the 21st year of his Reign by which they were under a Praemunire if they did any things in their Courts contrary to the Kings Prerogative which was thought hard since some through ignorance might transgress Therefore it was desired that no Prelate should be brought under a Praemunire unless they had proceeded in any thing after they were prohibited by the Kings Writ To this the Lords consented but it was let fall by the Commons There was another Act brought in for the Marriage of the Clergy which was agreed to by the Lords An Act for the Marriagé of the Clergy the Earls of Shrewsbury Darby Rutland and Bath and the Lords Abergaveny Stourton Mounteagle Sands Windsor and Wharton protesting against it The Commons also passed it and it was assented to by the King By it was set forth That many took occasion from words in the Act formerly made about this matter to say that it was only permitted as Usury and other unlawful things were for the avoiding greater evils who thereupon spake slanderously of such Marriages and accounted the Children begotten in them to be Bastards to the high dishonour of the King and Parliament and the Learned Clergy of the Realm who had determined that the Laws against Priests Marriages were most unlawful by the Law of God to which they had not only given their Assent in the Convocation but Signed it with all their Hands These slanders did also occasion that the Word of God was not heard with due reverence whereupon it was Enacted That such Marriages made according to the Rules prescribed in the Book of Service should be esteemed good and valid and that the Children begot in them should be inheritable according to Law The Marquess of Northampton did also put in a Bill for confirming his Marriage which was passed only the Earl of Darby the Bishops of Carlisle and Norwich and the Lord Stourton dissented By it the Marriage is declared lawful as by the Law of God indeed it was any Decretal Canon Ecclesiastical Law or usage to the contrary notwithstanding This occasioned another Act That no Man might put away his Wife and marry another unless he were formerly divorced to which the Bishop of Norwich dissented because he was of opinion that a Divorce did not break the Marriage-Bond But this Bill fell in the House of Commons being thought not necessary for the Laws were already severe enough against such double Marriages By another Act the Bishoprick of Westminster was quite suppressed and re-united to the See of London but the Collegiate Church with it s exempted Jurisdiction An Act against Usury was still continued Another Bill was put in against Usury which was sent from the Lords to the Commons and passed by both and assented to By it an Act passed in Parliament in the 37th year of the late Kings Reign That none might take above 20 per Cent. for Money lent was repealed which they say was not intended for the allowing of Usury but for preventing further inconveniences and since Usury was by the Word of God forbidden and set out in divers places of Scripture as a most odious and detestable vice which yet many continued to practise for the filthy gain they made by it therefore from the first of May all Usury or gain for Money lent was to cease and whosoever continued to practise to the contrary were to suffer imprisonment and to be fined at the Kings pleasure This Act has been since repealed and the gain for Money lent has been at several times brought to several regulations It was much questioned whether these Prohibitions of Usury by Moses were not judicial Laws which did only bind the Nation of the Jews whose Land being equally divided among the Families by Lot the making gain by lending Money was forbid to them of that Nation yet it did not seem to be a thing of its nature sinful since they might take encrease of a Stranger The not lending Money on use was more convenient for that Nation which abounding in People and being shut up in a narrow Country they were necessarily to apply themselves to all the ways of Industry for their subsistence so that every one was by that Law of not lending upon use forced
to emply his Money in the way of Trade or Manufacture for which they were sure to have vent since they lay near Tyre and Sidon that were then the chief Places of Traffick and Navigation of the World and without such Industry the Soil of Judea could not possibly have fed such vast numbers as lived on it So that it seemed clear that this Law in the Old Testament properly belonged to that policy Yet it came to be looked on by many Christians as a Law of perpetual obligation It came also to be made a part of the Canon Law and Absolution could not be given to the breakers of it without a special faculty from Rome But for avoiding the severity of the Law the invention of Mortgages was fallen on which at first were only Purchases made and let back to the owner for such Rent as the use of the Money came to so that the use was taken as the Rent of the Land thus bought And those who had no Land to sell thus fell upon another way The Borrower bought their Goods to be payed within a Year for instance an hundred and ten Pound and sold them back for a Sum to be presently laid down as they should agree it may be a hundred Pound by this means the one had a hundred Pound in hand and the other was to have ten Pound or more at a years end But this being in the way of Sale was not called Usury This Law was look'd on as impossible to be observed in a Country like England and it could not easily appear where the immorality lay of lending Money upon moderate gain such as held proportion to the value of Land provided that the perpetual Rule of Christian Equity and Charity were observed which is not to exact above the proportion duly limited by the Law and to be merciful in not exacting severely of Persons who by inevitable accidents have been disabled from making payment This digression I thought the more necessary because of the scruples that many good and strict Persons have still in that matter Another Act passed both Houses against all Simoniacal Pactions A Bill against Simony the reservation of Pensions out of Benefices and the granting Advowsons while the Incumbent was yet alive It was agreed to by the Lords the Earls of Derby Rutland and Sussex the Viscount Hereford and the Lords Mounteagle Sands Wharton and Evers dissenting But upon what reason I do not know the Bill was not assented to by the King who being then sick there was a Collection made of the Titles of the Bills which were to have the Royal Assent and those the King Signed and gave Commission to some Lords to pass them in his Name These abuses have been oft complained of but there have been still new contrivances found out to elude all Laws against Simony either bargains being made by the Friends of the Parties concerned without their express knowledge or Bonds of Resignation given by which Incumbents lie at the mercy of their Patrons and in these the faultiness of some Clergy-men is made the colour of imposing such hard terms upon others and of robbing the Church oftentimes by that means There was a private Bill put in about the Duke of Somersets Estate which had been by Act of Parliament entailed on his Son in the 23d Year of the last Kings Reign A Repeal of the Entail of the Duke of Somersets Estate On the third of March it was sent to the House of Commons Signed by the King it was for the Repeal of that Act. Whether the King was so alienated from his Unkle that this extraordinary thing was done by him for the utter ruine of his Family or not I cannot determine but I rather incline to think it was done in hatred to the Dutchess of Somerset and her Issue For the Estate was entailed on them by that Act of Parliament in prejudice of the Issue of the former Marriage of whom are descended the Seimours of Devon-shire who were disinherited and excluded from the Duke of Somersets Honours by his Patents and from his Estate by Act of Parliament partly upon some jealousies he had of his former Wife but chiefly by the power his second Wife had over him This Bill of Repeal was much opposed in the House though sent to them in so unusual a way by the King himself And though there was on the 8th of March a Message sent from the Lords that they should make hast towards an end of the Parliament yet still they stuck long upon it looking on the breaking of Entails that were made by Act of Parliament as a thing of such consequence that it dissolved the greatest security that the Law of England gives for property It was long argued by the Commons and was fifteen several days brought in At last a new Bill was devised and that was much altered too it was not quite ended till the day before the Parliament was dissolved But near the end of the Session a Proviso was sent from the Lords to be added to the Bill confirming the Attainder of the Duke and his Complices It seems his Enemies would not try this at first till they had by other things measured their strength in that House and finding their interest grew there they adventured on it but they mistook their measures for the Commons would not agree to it In conclusion the Bill of Repeal was agreed to But whereas there had been some Writings for a Marriage between the Earl of Oxfords Daughter and the Duke of Somersets Son and a Bill was put in for voiding these upon a division of the House the 28th of March there were sixty eight that agreed and sixty nine that rejected it so this Bill was cast out By this we see what a thin House of Commons there was at that time the whole being but 137 Members But this was a natural effect of a long Parliament many of those who were at first chosen being infirm and others not willing to put themselves to the charge and trouble of such constant and long attendance It is also from hence clear how great an interest the Duke of Somerset had in the affections of the Parliament The Commons refuse to attaint the Bishop of Duresme by Bill Another Bill gave a more evident discovery how hateful the Duke of Northumberland was to them The Bishop of Duresme was upon some complaint brought against him of misprision of Treason put into the Tower about the end of December last year What the Particulars were I do not find but it was visible that the secret reason was that he being Attainted the Duke of Northumberland intended to have had the Dignities and Jurisdiction of that Principality conferred on himself so that he should have been made Count Palatine of Duresme Tonstall had in all Points given obedience to every Law and to all the Injunctions that had been made but had always in Parliament protested against the changes in
same Writer also informs us that in many places of the Country Men were chosen by Force and Threats in other places those imployed by the Court Great disorder in Elections did by violence hinder the Commons from coming to chuse in many places false Returns were made and that some were violently turned out of the House of Commons upon which reasons he concludes that it was no Parliament since it was under a Force and so might be annulled as the Parliament held at Coventry in the 38th year of King Henry the 6th was upon Evidence of the like Force declared afterwards to be no Parliament The Journals of the House of Lords in this Parliament are lost so there is no light to be had of their proceedings but from the imperfect Journals of the House of Commons On the second day of the Session one moved in the House of Commons for a review of King Edwards Laws But that being a while argued was at this time laid aside and the Bill for Tonnage and Poundage was put in Then followed a Debate upon Dr. Nowell's being returned from Loo in Cornwal whether he being a Prebendary of Westminster could sit in that House and the Committee being appointed to search fot Precedents it was reported that he being represented in the Convocation House could not be a Member of that House so he was cast out The Bill of Tonnage and Poundage was sent up to the Lords who sent it down to the Commons to be reformed in two proviso's that were not according to former Precedents How far this was contrary to the Rights of the Commons who now say that the Lords cannot alter a Bill of Money I am not able to determine The only publick Bill that passed in this short Session was for a Declaration of Treasons and Felonies An Act for moderating some severe Laws by which it was ordained that nothing should be judged Treason but what was within the Statute of Treasons in the twenty fifth of Edward the third and nothing should be so judged Felony that was not so before the 1st year of King Henry the eight excepting from any benefit of this Act all such as had been in Prison before the last of September who were also excepted out of the Qeens Pardon at her Coronation Two private Bills also passed the one for the restoring of the Wife of the late Marquess of Exeter who had been Attainted in the 32 year of King Henry's Reign and the other for her Son Edward Courtney Earl of Devonshire And so the Parliament was Prorogued from the 21 to the 24 of October that their might be a Session of Parliament consisting only of Acts of Mercy though this Repeal of additional Treasons and Felonies was not more than what had passed in the beginning of King Edwards Reign without the clogg of so severe a proviso by which many were cut off from the Favour designed by it Some have thought that since Treasons had been reduced by the second Act of Edward the 6th to the standard of the 25th of Edward the third that therefore there was somewhat else designed by this Act then barely the repealing some late severe Acts which being done the 1st of Edward 6th needed not be now repealed if it imported no more And since this Act as it is worded mentions or rather excepts those Treasons that are declared and expressed in the 25th of Edward the 3d they have inferred that the power of Parliaments declaring of Treasons ex Post facto which was reserved by that Statute is hereby taken away and that nothing is now to be held Treason but what is ennumerated in that Statute Yet this is still liable to Debate since the one may be thought to be declared and expressed in general words as well as the other specialties are in more particular words and is also still in force So nothing seems comprehended within this Repeal but the Acts passed in King Edwards Reign declaring other Crimes to be Treason some are added in the same Act and others in that of the 3d and 4th of his Reign chap. 5. Nor is it likely that if the Parliament had intended to have delivered the Subjects from the apprehensions of all Acts of Attainder upon a Declaration of new Treasons they would not have expressed it more plainly since it must have been very grateful to the Nation which had groaned heavily under Arbitrary Attainders of late years When the Parliament met again the first Bill the Commons entred on was that of Tonnage and Poundage which they passed in two days The Mariage of Queen Katherine to King Henry Confirmed Then was the Bill about King Henry's Marriage with the Queens Mother sent down on the 26th by the Lords and the Commons passed it no the 28th so strangly was the stream turned that a Divorce that had been for seven years much desired by the Nation was now repealed upon fewer days consultation In the Preamble it was said That truth how much soever obscured and born down will in the end break out and that therefore they declared that King Henry the 8th being lawfully married to Queen Katherine by the consent of both their Parents and the advice of the wisest Men in the Realm and of the best and notablest Men for learning in Christendom did continue that state twenty years in which God blessed them with her Majesty and other issue and a course of great happiness but then a very few malicious Persons did endeavour to break that happy agreement between them and studied to possess the King with a scruple in his Conscience about it and to support that caused the Seals of some Vniversities to be got against it a few Persons being corrupted with money for that end They had also by sinistrous ways and secret threatnings procured the Seals of the Vniversities of this Kingdom and finally Thomas Cranmer did most ungodlily and against Law judge the Divorce upon his own unadvised understanding of the Scriptures upon the Testimonies of the Vniversities and some bare and most untrue conjectures and that was afterwards confirmed by two Acts of Parliament in which was contained the Illegitimacy of her Majesty But that Marriage not being prohibited by the Law of God and lawfully made could not be so broken since what God hath joyned together no Man could put asunder all which they considering together with the many miseries that had fallen on the Kingdom since that time which they did esteem Plagues sent from God for it therefore they declare that Sentence given by Cranmer to be unlawful and of no force from the begining and do also repeal the Acts of Parliament that had confirmed it By this Act Gardiner had performed his Promise to the Queen of getting her Illegitimation taken off Which was much Censured without any relation to the Popes Authority But in the drawing of it he shewed that he was past all shame when he could frame such an Act of a
business which himself had so violently and servilely promoted The falsehood of that pretence of corrupting Vniversities has been shewn in the former Volumn but it was all they had now to say The laying it all upon Cranmer was as high a pitch of malice and impudence as could be devised for as Gardiner had been setting it on long before Cranmer was known to King Henry so he had been joyned with him in the Commission and had given his assent to the Sentence which Cranmer gave Nor was the Divorce grounded meerly upon Cranmers understanding of the Scriptures but upon the fullest and most studied Arguments that had perhaps been in any Age brought together in one particular case and both Houses of Convocation had condemned the Mariage before his sentence But because in the right of his See he was Legate to the Pope therefore to make the Sentence stronger it went only in his name though he had but a small share in it compared to what Gardiner had By this Act there was also a second Illegittimation brought on the Lady Elizabeth The Queens carries severely to the Lady Elizabeth to whom hitherto the Queen had been very kind using her on all occasions with the tenderness of a Sister but from this time forwards she handled her more severely It was perhaps occasioned by this Act since before they stood both equally illegittimated but now the Act that legitimated the Queen making her most certainly a Bastard in Law the Queen might think it now too much to use her as she had done formerly Others suggest a more secret reason of this distast The new Earl of Devonshire was much in the Queens favour so that it was thought she had some inclinations to marry him but he either not presuming so high or really having an aversion to her and an inclination to her Sister who of that moderate share of beauty that was between them had much the better of her and was nineteen years younger made his Addresses with more than ordinary concern to the Lady Elizabeth and this did bring them both in trouble as shall be afterwards shewn The next Bill that was sent from the Lords to the Commons The Laws made by King Edward repealed was for the repealing King Edward's Laws about Religion It was sent down on the 31st of October and argued six days in the House of Commons but in the end it was carried and sent back to the Lords The Preamble of it sets forth the great disorders that had fallen out in the Nation by the changes that had been made in Religion from that which their Fore-fathers had left them by the Authority of the Catholick Church thereupon all the Laws that had been made in King Edwards time about Religion were now repealed and it was Enacted that from the 20th of December next there should be no other Form of Divine Service but what had been used in the last year King of Henry the 8th leaving it free to all till that day to use either the Books appointed by King Edward or the old ones at their pleasure Another Act was passed which the Commons sent up to the Lords An Act against the affronting Priests against all those who by any overt Act should molest or disquiet any Preacher because of his Office or for any Sermon that he might have Preached or should any way disturb them when they were in any part of the Divine Offices that either had been in the last year of King Henry or should be afterwards set forth by the Queen or should break or abuse the holy Sacrament or break Altars Crucifixes or Crosses those that did any of these things should be presented to the Justices of Peace and be by them put in Prison where they should lye three Months or till they were penitent for their Offences and if any rescued them they should be liable to the same punishment But to this a Proviso was added by the Lords that this Act should no way derogate from the Authority of the Ecclesiastiâ—â—l Laws and Courts who might likewise proceed upon such Offences and a Certificate from the Ordinaries that such Offenders were punished by them being brought to the Justices of Peace they were to proceed no further or if the Justices made a Certificate that they had punished them according to Law the Ordinary might not punish them a second time But the Commons were now so heated that they sent up another Bill to the Lords against those who came not to Church nor to Sacraments after the old Service should be again set up the inflicting of the Punishments in these cases being left to the Ecclesiastical Courts This fell in the House of Lords not so much from any opposition that was made as that they were afraid of allarming the Nation too much by many severe Laws at once An Act against unlawful Assemblies Another Law was made for securing the publick Peace against unlawful and rebellious Assemblies that if any to the number of twelve or above should meet to alter any thing of Religion established by Law and being required by any having the Queens Authority to disperse themselves should continue after that an hour together it should be Felony or if that number met to break Hedges or Parks to destroy Deer or Fish c. and did not disperse upon Proclamation it should be Felony or if any by ringing of Bells Drums or firing of Beacons gathered the People together and did the things before mentioned it was Felony if the Wives or Servants of Persons so gathered caried Meat Money or Weapons to them it should be Felony and if any above the number of two and within twelve should meet for these ends they should suffer a years imprisonment empowering the Sheriffs or Justices to gather the Country for the resistance of Persons so offending with Penalties on all between eighteen and sixty that being required to come out against them should refuse to do it When this Act was known the People then saw clearly how they had been deceived by the former Act that seemed so favourable repealing all Acts of new Treasons and Felonies since there was so soon after it an Act passed that renewed one of the severest Laws of the last Reign in which so many things that might flow from sudden heats were made Felonies and a great many new and severe Proviso's were added to it The Queens discharge of the Subsidy was confirmed by another Act. The Marquess of Northampton's 2d Marriage is annulled There followed two private Acts which occasioned more Debate than the publick ones had done The one was the repeal of the Act that had confirmed the Marquess of Northamptons Marriage It was much argued in the House of Commons and on the 28th of November it was agreed to It contains that the Act of confirming the Divorce and the second Marriage was procured more upon untrue surmises and private respects than for any publick good and increase
run so fast that the Bishops themselves were forced to moderate their Heats They all understood how much the Queen was set upon having the Church raised as high as could be and saw there was nothing so effectual to recommend any to her Favour as to move high in these Matters And though their Motions were thought too violent and rejected yet their Affections were thereby discovered so that they knew they should be looked on as Men deeply engaged in these Interests An Act declaring Treasons After this the Bill of Treasons was brought in This was also argued for some days in the House of Commons but at last agreed to By it any who denied the King's Right to the Title of the Crown with the Queen's or endeavoured to put him from it together with them that did several other Offences were to forfeit all their Goods and to be imprisoned during Life and Clergy Men were to be deprived by their Ordinaries In these cases the second Offence was to be Treason But if any should compass the King's Death and utter it by any overt Deed during his Marriage to the Queen the first Offence of this kind should be Treason It was also enacted that the Parliament having petitioned the King that if the Queen died with any Issue he would take on him the Government of them till they came of Age to which he had assented therefore if the Queen died before her Children came to be of Age the Government of the Kingdom should be in the King's Hands if it were a Son till he were eighteen or if a Daughter till she was fifteen Years of Age And in all that time the conspiring his Death was to be Treason The Witnesses were to be brought before the Parties and none was to be tried for any words but within six months after they were spoken Another against seditious words Another Act passed upon a Report made of some Heretical Preachers who had as was informed prayed in their Conventicles that God would turn the Queen's Heart from Idolatry to the true Faith or else shorten her days and take her quickly out of the way All therefore that so prayed for taking away the Queen's Life were to be judged Traitors but if they shewed themselves penitent for such Prayers they were not to be condemned of Treason but put to any Corporal Punishment other than Death at the Judges Discretion This was passed in great haste for it was thrice read in the House of Lords and passed on the 16th of January in which the Parliament was Dissolved There was another Act past against those that spread Lying Reports of any Noblemen Judges or great Officers that such as spread them should be imprisoned till they brought their Authors according to former Acts. If any spread such Reports of the King and Queen they were to be set on a Pillory and pay 100 l. or have their Ears cut off and be three months Prisoners and they were to pay 100 Merks and suffer one months Imprisonment though they had Authors for them if they reported them maliciously But if their Reports tended to the stirring of any Insurrection they were to lose their right Hands and upon a second Offence to suffer Imprisonment during their Lives but they were to be proceeded against within three months after the words so spoken All the Bills being ended the Parliament was dissolved on the 16th of January to Gardiner's Gardiner is in great esteem no small joy He had now performed all that he had undertaken to the Queen or the Emperor Upon which he had the Reputation that he was formerly in of a great Statesman and a dextrous manager of Affairs much confirmed and raised since he had brought about in so small a time so great a change where the Interests of those who consented to it seemed to lead them another wav To those who had apprehended the Tyranny of Rome he had said That as our former Kings had always kept it under in a great measure so there was less danger of that now since they saw that all Princes had agreed to preserve their own Rights entire against the Pope's Pretensions He shewed them that therefore all the Old Laws against Provisions from Rome were still kept in force And so upon Cardinal Pool's being called over there was a Commission sent him under the Great Seal bearing date the 10th of November authorising him to exercise his Legatine Power in England By this he shewed them that no Legat should ever come into England to execute any Power till his Faculties were seen and approved by the Queen Others thought this was but a vain Imagination for if the Papacy were once fully established and People again brought under the old Superstition of esteeming the Popes Christ's Vicars and the infallible Heads of the Church it would not be possible to retain the People in their Obedience since all the assistance that the Princes of Christendom of this time had from their Subjects in their Wars with the Popes flowed chiefly from this that they generally did no more submit implicitly to their Priests But if once that blind Obedience were restored it would be easy for the Priests by their privat dealings in Confession to overturn Governments as they pleased But that which stuck most was That the Church Lands were Great fear about the Church-Lands by the Cannon Law so indissolubly annexed to the Church that they could not be separated from it To this it was answered that they should secure it by a Law at Rome and should confirm all the Alienations that had been made both by consent of the Clergy and by the Pope's Authority committed to the Legat. Yet even that did not satisfy many who found some Laws in the Canon so strict that the Pope himself could not dispence with them If the Legate did it the Pope might refuse to confirm it and then it was nothing and what one Pope did another often recalled So it was said that this Confirmation was but an Artifice to make it pass the more easily Besides all observed that in the Cardinal's Confirmation of those Lands there was a charge given to all to be afraid of the Judgments of God that fell on Belshazar for using the Holy Vessels which was to pardon the thing and yet to call it a Sacrilege for which they might look for the Vengeance of God So that the Cardinal did at the same time both bind and loose and it was plain both by that Clause and the Repeal of the Statute of Mortmain that it was designed to possess People with the Opinion of the Sin of retaining Church-Lands It was thought this Confirmation was rather an Indemnity and Permission to keep them than a declaring the Possessors had any lawful Title to them So that when Men were near Death and could no longer enjoy those Lands themselves it was not to be doubted but the Terrors of Sacrilege and the Punishments due to it with
David that we may shew forth Gods Praises which cannot be done if it is in a strange Tongue Prayer is the offering up of our desires to God which we cannot do if we understand not the Language they are in Baptisme and the Lords Supper are to contain Declarations of the Death and Resurrection of Christ which must be understood otherwise why are they made The use of Speech is to make known what one brings forth to another The most Barbarous Nations perform their Worship in a known Tongue which shews it to be a Law of Nature It is plain from Justin Martyrs Apology that the Worship was then in a known Tongue which appears also from all the Ancient Liturgies and a long Citation was brought out of St. Basil for the singing of Psalms duly weighing the Words with much attention and devotion which he says was practised in all Nations They concluded wondering how such an abuse could at first creep in and be still so stifly maintained and whâ—â—â—hose who would be thought the Guides and Pastors of the Church were so unwilling to return to the Rule of St. Paul and the Practise of the Primitive Times There was a great shout of Applause when they had done They gave their Paper signed with all their Hands to the Lord Keeper to be delivered to the other side as he should think fit But he kept it till the other side should bring him theirs The Papists upon this said they had more to add on that Head which was thought disingenuous by those that had heard them profess they had nothing to add to what Cole had said Thus the Meeting broke up for that day being Saturday and they were ordered to go forward on Munday and to prepare what they were to deliver on the other two Heads The Papists though they could complain of nothing that was done except the applause given to the Paper of the Reformers yet they saw by that how much more acceptable the other Doctrine was to the People and therefore resolved to go no further in that matter At the next meeting they desired that their Answer to the Paper read by the Reformed might be first heard To this the Lord Keeper said That they had delivered their mind the former day and so were not to be heard till they had gone through the other Points and then they were to return on both sides to the answering of Papers They said that what Cole had delivered the former day was Ex tempore and of himself but it had not been agreed on by them This appeared to all the Assembly to be very foul dealing so they were required to go on to the second Point Then they pressed that the other side might begin with their Paper and they would follow for they saw what an advantage the others had the former day by being heard last The Lord Keeper said the Order was that they should be heard first as being Bishops now in Office But both Winchester and Lincoln refused to go any further if the other side did not begin Upon which there followed a long debate Lincoln saying that the first Order which was that all should be in Latin was changed and that they had prepared a Writing in Latin But in this not only the Counsellors among whom sate the Arch-bishop of York but the rest of his own Party contradicted him In conclusion all except Fecknam refused to read any more Papers he said he was willing to have done it but he could not undertake such a thing alone and so the Meeting broke up But the Bishops of Winchester and of Lincoln said The Conference between the Papists and Protestants breaks up the Doctrine of the Catholick Church was already established and ought not to be disputed except it were in a Synod of Divines that it was too great an encouragement to Hereticks to hear them thus discourse against the Faith before the unlearned Multitude and that the Queen by so doing had incurred the Sentence of Excommunication and they talked of excommunicating her and her Council Upon this they were both sent to the Tower The Reformed took great advantage from the Issue of this Debate to say their Adversaries knew that upon a fair hearing the Truth was so manifestly on their side that they durst not put it to such hazard The whole World saw that this Disputation was managed with great Impartiality and without noise or disorder far different from what had been in Queen Maries time so they were generally much confirmed in their former belief by the Papists flying the Field They on the other hand said they saw the rude Multitude were now carried with a Fury against them the Lord Keeper was their professed Enemy the Laity would take on them to judge after they had heard them and they perceived they were already determined in their minds and that this Dispute was only to set off the changes that were to be made with the Pomp of a Victory and they blamed the Bishops for undertaking it at first but excused them for breaking it off in time And the Truth is the strength of their Cause in most Points of Controversie resting on the Authority of the Church of Rome that was now a thing of so odious a sound that all Arguments brought from thence were not like to have any great effect Upon this whole matter there was an Act of State made and Signed by many Privy Counsellors giving an account of all the steps that were made in it which will be found in the Collection Collection Number 5. This being over the Parliament was now in a better disposition to pass the Bill for the Uniformity of the Service of the Church Some of the Reformed Divines were appointed to review King Edwards Liturgie and to see if in any Particular it was fit to change it The only considerable Variation was made about the Lords Supper of which somewhat will appear from the Letter of Sandys to Parker It was proposed to have the Communion Book so contrived that it might not exclude the belief of the Corporal Presence for the chief design of the Queens Council was to unite the Nation in one Faith and the greatest part of the Nation continued to believe such a Presence Therefore it was recommended to the Divines to see that there should be no express definition made against it that so it might lie as a Speculative Opinion not determined in which every Man was left to the Freedom of his own Mind Hereupon the Rubrick that explained the reason for kneeling at the Sacrament That thereby no Adoration is intended to any Corporal Presence of Christs natural Flesh and Blood because that is only in Heaven which had been in King Edwards Liturgy was now left out And whereas at the delivery of the Elements in King Edwards first Liturgy there was to be said The Body or Blood of our Lord Jesus Christ Preserve thy Body and Soul to Everlasting Life which words
Exeter besieged ibid. It is relieved and the Rebels defeated pag. 119 The Norfolk Rebels are dispersed ibid. A general Pardon pag. 120 A Visitation of Cambridg ibid. Dispute about the Greek pronunciation ibid. Bonner in new Troubles ibid. Injunctions are given him pag. 121 He did not obey them pag. 122 He is proceeded against ibid He defends himself pag. 123 He Appeals pag. 125 But is deprived pag. 126 Censures past upon it pag. 127 The French fall into Bulloign pag. 128 Ill Success in Scotland pag. 129 The Affairs of Germany ibid. A Faction against the Protector pag. 130 Advices about Forreign Affairs pag. 131. Paget sent to the Emperor ibid. But can obtain nothing pag. 133. Debates in Council ibid. Complaints of the Protector pag. 134. The Counsellors leave him pag. 135. The City of London joyns with them pag. 136. The Protector offers to submit ibid. He is accused and sent to the Tower pag. 138. Censures passed upon him ibid. The Papists much lifted up pag. 139. But their hopes vanish ibid. A Treaty with the Emperor pag. 140. A Session of Parliament ibid. An Act against Tumults ibid. And against Vagabonds ibid. Bishops move for a Power of Censuring pag. 141. An Act about Ordinations ibid. An Act about the Duke of Somerset ibid. The Reformation carried on pag. 142. A Book of Ordinations made pag. 143. Heath disagrees to it and put in Prison ibid. Interrogations added in the new Book pag. 144. Bulloigne was resolved to be given to the French pag. 146. Pope Paul the third dies ibid. Cardinal Pool was elected Pope ibid. Julius the third chosen pag. 147. 1550. A Treaty between the English and French ibid. Instructions given the English Ambassador ibid. Articles of the Treaty pag. 148. The Earl of Warwick governs all pag. 149. Ridley made Bishop of London ibid. Proceedings against Gardiner pag. 150. Articles sent to him ibid. He signed them with Exceptions pag. 151. New Articles sent him ibid. He refuses them and is hardly used ibid. Latimer advises the King about his Marriage pag. 152. Hooper made Bishop of Glocester ibid. But refuses the Episcopal Garments ibid. Vpon that great Hâ—â—tâ— arose ibid. Bucers Opinion about it pag. 153. And Peter Martyrs pag. 154. A German Congregation 〈◊〉 London ibid. Polidore Virgil leaâ—â—â— England ibid. A Review made of the Common-Prayer-Book pag. 155. Bucers advice concerning it ibid. He writ a Book for the King pag. 156. The 〈◊〉 studies to reformâ— abuses pag. 157. He keeps a Journal of his Reign ibid. Ridley visits his Diocess pag. 158. Altars turned to Communion-Tables ibid. The Reasons given for it pag. 159. Sermons on Working-days forbidden ibid. The Affairs of Scotland pag. 161. And of Germany ibid. 1551. The Compliance of the Popish Clergy pag. 162. Bucers Death and Funeral pag. 163. His Character pag. 164. Gardiner is deprived pag. 165. Which is much censured ibid. Hooper is Consecrated pag. 166. Articles of Religion prepared ibid. An Abstract of them pag. 167. Corrections in the Common-Prayer-Book pag. 169. Reasons of kneeling at the Communion pag. 170. Orders for the Kings Chaplains pag. 171. The Lady Mary has Mass still ibid. The King is earnest against it pag. 172. The Council write to her about it ibid. But she was intractable pag. 174. And would not hear Ridley preach pag. 175. The Designs of the Earl of Warwick pag. 176. The Sweating Sickness ibid. A Treaty for a Marriage with the Daughter of France pag. 177. Conspiracy against the Duke of Somerset pag. 178. The King is alienated from him pag. 179. He is brought to his Trial. ibid. Acquitted of Treason but not of Felony pag. 180. Some others condemned with him pag. 181. The Seal is taken from the Lord Rich. pag. 182. And given to the Bishop of Ely ibid. Church-mens being in Secular Imployments much censured pag. 183. Duke of Somersets Execution pag. 184. His Character pag. 185. Affairs of Germany pag. 186. Proceedings at Trent pag. 187. 1552. A Session of Parliament pag. 189. The Common-Prayer-Book confirmed ibid. Censures past upon it pag. 190. An Act concerning Treasons ibid. An Act about Fasts and Holy-days pag. 191. An Act for the married Clergy pag. 192. An Act against Vsury ibid. A Bill against Simony not passed pag. 193. The Entail of the Duke of Somersets Estate cut-off pag. 194. The Commons refuse to attaint the Bishop of Duresme by Bill ibid. The Parliament is dissolved pag. 195. A Reformation of the Ecclesiastical Courts is considered ibid. The chief heads of it pag. 197. Rules about Excommunication pag. 201. Projects for relieving the poor Clergy pag. 202. Heath and Day deprived pag. 203. The Affairs of Ireland ibid. A change in the order of the Garter pag. 205. Paget degraded from the Order pag. 206. The encrease of Trade pag. 207. Cardan passes through England pag. 208. The Affairs of Scotland ibid. The Affairs of Germany pag. 210. Proceedings at Trent pag. 211. An Account of the Council there pag. 212. A Judgment of the Histories of it ibid. The freedom of Religion established in Germany pag. 213. The Emperor is much cast down pag. 214. 1553. A Regulation of the Privy Council ibid. A New Parliament ibid. The Bishoprick of Duresm suppressed and two new ones were to be raised pag. 215. A Visitation for the Plate in Churches pag. 216. Instructions for the President in the North. pag. 217. The form of the Bishops Letters Patents pag. 218. A Treaty with the Emperor pag. 219. The Kings sickness pag. 221. His care of the poor ibid. Several Marriages pag. 222. He intends to leave the Crown to Lady Jane Gray ibid. Which the Judges opposed at first ibid. Yet they consented to it except Hales pag. 222. Cranmer is hardly prevailed with pag. 224. The Kings sickness becomes desperate ibid. His last Prayer ibid. His Death and Character ibid. BOOK II. The Life and Reign of Queen Mary QVeen Mary succeeds but is in great danger pag. 233. And retires to Suffolk ibid. She writes to the Council pag. 234. But they declare for the Lady Jane ibid. The Lady Janes Character ibid. She unwillingly accepts the Crown pag. 235. The Council writes to Queen Mary ibid. They proclaim the Lady Jane Queen ibid. Censures passed upon it pag. 236. The Duke of Northumberland much hated pag. 237. The Council send an Army against Queen Mary ibid. Ridley Preaches against her pag. 238. But her Party grows strong ibid. The Council turn and proclaim her Queen pag. 239. The Duke of Northumberland is taken ibid. Many Prisoners are sent to the Tower ibid. The Queen comes to London pag. 240. She was in danger in her Fathers time ibid. And was preserved by Cranmer pag. 241. She submitted to her Father ibid. Designs for changing Religion pag. 242. Gardiners policy ibid. He is made Chancellour ibid. Duke of Northumberland and others Attainted ibid. He at his Death professes he had been always a Papist pag. 243. His Character pag. 244. King Edwards Funeral ibid. The
make a match at Shooting and so taken Nudegates was called for as from my Lord his Master and taken likewise were John Seimour and David Seimour Arundel also was taken and the Lord Gray coming out of the Country Vane upon two sendings of my Lord in the morning fled at the first sending he said My Lord was not stout and if he could get home he cared for none of them all he was so strong But after he was found by John Piers in a Stable of his Man 's at Lambeth under the Straw These went with the Duke to the Tower this Night saving Palmer Arundel and Vane who were kept in Chambers here apart 17. The Dutches Crane and his Wife with the Chamber-keeper were sent to the Tower for devising these Treasons James Wingfield also for casting of Bills seditiously also Mr. Partridge was attaqued and Sir James Holcroft 18. Mr. Banister and Mr. Vaughan were attaqued and sent to the Tower and so was Mr. Stanhope 19. Sir Thomas Palmer confessed that the Gandarms on the muster-Muster-day should be assaulted by 2000 Footmen of Mr. Vane's and my Lord 's hundred Horse besides his Friends which stood by and the idle People which took his part If he were overthrown he would run through London and cry Liberty Liberty to raise the Apprentices and R if he could he would go to the Isle of Wight or to Pool 22. The Dowager of Scotland was by Tempest driven to Land at Portsmouth and so she sent word she would take the benefit of the safe Conduct to go by Land and to see Me. 23. She came from Portsmouth to Mr. Whites House 24. The Lords sat in the Star-Chamber and there declared the Matters and Accusations laid against the Duke meaning to stay the minds of the People 25. Certain German Princes in the beginning of this month desired Aid in Cause of Religion 400000 Dollars if they should be driven to make shift by necessity and offered the like also if I entred into any War for them whereupon I called the Lords and considered as appeareth by a Scroll in the Board at Westminster and thereupon appointed that the Secretary Petre and Sir William Cecil another Secretary should talk with the Messenger to know the matter precisely and the Names of those would enter the Confederacy 28. The Dowager came to Sir Richard Cotton's House 29. She came from Sir Richard Cotton's to the Earl of Arundel to Dinner and brought to Mr. Brown's House where met her the Gentlemen of Sussex 30. She came and was conveied by the same Gentlemen to Guilford where the Lord William Howard and the Gentlemen of Surrey met her All this month the Frenchmen continued spoiling of the Emperor's Frontiers and in a Skirmish at Ast they slew 100 Spaniards 31. A Letter directed to Sir Arthur Darcy to take the charge of the Tower and to discharge Sir John Markham upon this that without making any of the Council privy he suffered the Duke to walk abroad and certain Letters to be sent and answered between David Seimour and Mrs. Poinings with other divers Suspicions 17. There were Letters sent to all Emperors Kings Ambassadors Noblemen Men and Chief Men into Countries of the late Conspiracy 31. She came to Hampton-Court conveied by the same Lords and Gentlemen aforesaid and two miles and an half from thence in a Valley there met her the Lord Marquess of Northampton accompanied with the Earl of Wiltshire Son and Heir to the Lord High Treasurer Marquess of Winchester the Lord Fitzwater Son to the Earl of Sussex The Lord Evers the Lord Bray the Lord Robert Dudley the Lord Garet Sir Nicholas Throgmorton Sir Edward Rogers and divers other Gentlemen besides all the Gentlemen Pensioners Men of Arms and Ushers Sewers and Carvers to the number of 120 Gentlemen and so she was brought to Hampton-Court At the Gate thereof met her the Lady Marquess of Northampton the Countess of Pembrook and divers other Ladies and Gentlewomen to the number of sixty and so she was brought to her Lodging on the Queen-side which was all hanged with Arras and so was the Hall and all the other Lodgings of Mine in the House very finely dressed and for this night and the next day all was spent in Dancing and Pastime as though it were a Court and great presence of Gentlemen resorted thither 26. Letters were written for because of this Business to defer the Musters of Gendarmory till the day of December November 1. The Dowager perused the House of Hampton-Court and saw some coursing of Deer 2. She came to the Bishop's Palace at London and there she lay and all her Train lodged about her 3. The Duke of Suffolk the Earl of Warwick Wiltshire and many other Lords and Gentlemen were sent to her to welcome her and to say on My behalf That if she lacked any thing she should have it for her better Furniture and also I would willingly see her the day following The 26th of October Crane confessed the most part even as Palmer did before and more also how that the place where the Nobles should have been banqueted and their Heads striken off was the Lord Paget's House and how the Earl of Arundel knew of the Matter as well as he by Stanhop who was a Messenger between them also some part how he went to London to get Friends once in August last feigning himself sick Hammond also confessed the Watch he kept in his Chamber at Night Bren also confessed much of this matter The Lord Strange confessed how the Duke willed him to stir me to marry his third Daughter the Lady Jane and willed him to be his Spie in all Matters of my Doings and Sayings and to know when some of my Council spoke secretly with Me this he confessed of himself November 4. The Duke of Suffolk the Lord Fitzwater the Lord Bray and divers other Lords and Gentlemen accompanied with his Wife the Lady Francis the Lady Margaret the Dutchesses of Richmond and of Northumberland the Lady Jane Daughter to the Duke of Suffolk the Marquess of Northampton and Winchester the Countesses of Arundel Bedford Huntington and Rutland with 100 other Ladies and Gentlewomen went to her and brought her through London to Westminster At the Gate there received her the Duke of Northumberland Great Master and the Treasurer and Comptroller and the Earl of Pembrook with all the Sewers and Carvers and Cup-bearers to the number of thirty In the Hall I met her with all the rest of the Lords of my Council as the Lord Treasurer the Marquess of Northampton c. and from the outer-Gate up to the Presence-Chamber on both sides stood the Guard The Court the Hall and the Stairs were full of Servingmen the Presence-Chamber Great-Chamber and her Presence-Chamber of Gentlemen And so having brought her to her Chamber I retired to Mine I went to her to Dinner she dined under the same Cloth of State at my left Hand at her rereward dined my Cousin Francis and
to give full answer of denial to those Suits that be not reasonable nor convenient Also to dispatch all Matters of Justice and to send to the common Courts those Suits that be for them The Calling of Forfeits done against the Laws for punishing the Offenders and breakers of Proclamations that now stand in force The Lord Privy-Seal The Earl of Pembrook The Lord Chamberlain Sir Thomas Wroth. Sir Robert Bowes Mr. Secretary Petre. Mr. Hobbey Mr. Wotton Sir John Baker Mr. Sollicitor Mr. Gosnald These shall first see what Laws Penal and what Proclamations standing now in force are most meet to be executed and shall bring a Certificate thereof Then they shall enquire in the Countries how they are disobeyed and first shall begin with the greatest Offenders and so afterward punish the rest according to the pains set forth They shall receive also the Letters out of the Shires of Disorders there done and punish the Offenders For the State The Bishop of Canterbury The Lord Chancellor The Lord Treasurer The Duke of Northumberland The Duke of Suffolk The Lord Privy-Seal The Marquess of Northampton The Earl of Shrewsbury The Earl of Pembrook The Earl of Westmoreland The Lord Admiral The Viscount Hereford The Lord Chamberlain Mr. Vicechamberlain Mr. Treasurer and Comptroller Mr. Cecil Mr. Petre. Mr. Wotton Sir Philip Hobbey Sir Robert Bowes These to attend the Matters of the State I will sit with them once a week to hear the debating of things of most importance These Persons under-written shall look to the state of all the Courts especially of the new erected Courts as the Augmentation the First Fruits and Tythes the Wards and shall see the Revenues answered at the half Years end and shall consider with what superfluous Charges they be burdened and thereof shall make a Certificate which they shall deliver The Lord Chamberlain The Bishop of Norwich Sir Thomas Wroth. Sir Robert Bowes Sir Richard Cotton Sir Walter Mildmay Mr. Gosnald I understand it is a Member of the Commission that followeth but yet those shall do well to do it for the present because the other shall have no leasure till they have called in the Debts after which done they may sit with them Those that now be in Commission for the Debts to take Accompts of all Paiments since the 35th of the King that dead is after that they have done this Commission they are now in hand with Likewise for the Bullwarks the Lord Chamberlain Mr. Treasurer and Mr. Comptroller to be in Commission in their several Jurisdictions The rest of the Council some go home to their Countries streight after the Parliament some be sore sick that they shall not be able to attend any thing which when they come they shall be admitted of the Council Also that these Councils that sit apart Also that those of the Council that have these several Commissions Desunt quedam 15. Jan. 1552. This seems not to be the King's Hand but is interlined in many places by him Certain Articles devised and delivered by the King's Majesty for the quicker better and more orderly dispatch of Causes by his Majesty's Privy-Council Cotton Libr. Nero. C. 10. 1. HIs Majesty willeth that all Suits Petitions and common Warrants delivered to his Privy-Council be considered by them on the Mundays in the Morning and answered also on the Saturdays at Afternoon and that that day and none others be assigned to that purpose 2. That in answering of these Suits and Bills of Petition heed be taken that so many of them as pertain to any Court of his Majesty's Laws be as much as may be referred to those Courts where by order they are triable such as cannot be ended without them be with expedition determined 3. That in making of those Warrants for Mony that pass by them it be foreseen that those Warrants be not such as may already be dispatcht by Warrant dormant lest by means of such Warrants the Accompts should be uncertain 4. His Majesty's pleasure is That on the * Provided that on Sundays they be present at Common-Prayer Sundays they intend the Publick Affairs of this Realm they dispatch Answers to Letters for the good order of the Realm and make full Dispatches of all Things concluded the Week before 5. That on the Sunday Night the Secretaries or one of them shall deliver to his Majesty a Memorial of such Things as are debated to be by his Privy-Council and then his Majesty to appoint certain of them to be debated on several days viz. Munday Afternoon Tuesday Wednesday Thursday Friday Morning 6. That on Friday at Afternoon they shall make a Collection of such things as have been done the four days past how many of those Articles they have concluded how many they debated but not ended how many the time suffered not to peruse and also the principal Reasons that moved them to conclude on such Matters as seemeth doubtful 7. That on Saturday Morning they shall present this Collection to his Majesty and know his Pleasure upon such things as they have concluded and also upon all the private Suits 8. That on Sunday Night again his Majesty having received of the Secretaries such new Matters as hath arisen upon new occasion with such Matters as his Council have left some not determined and some not debated shall appoint what Matters and on which days shall be determined the next Week following 9. That none of them depart his Court for longer than two days without there be left here at the least eight of the Council and that not without giving notice thereof to the King's Majesty 10. That they shall make no manner of Assembly or Meeting in Council without there be to the number of four at the least 11. Furthermore if they be assembled to the number of four and under the number of six then they shall reason and debate things examine all Inconveniences and Dangers and also Commodities on each side make those things plain which seem diffuse at the first opening and if they agree amongst themselves then at the next full Assembly of six they shall make a perfect conclusion and end with them 12. Also if there rise such matter of weight as it shall please the King's Majesty himself to be at the debating of then warning shall be given whereby the more may be at the debating of it 13. If such Matter shall happen to rise as shall require long debating and reasoning or e're it come to a full conclusion or end then his Majesty's Council shall not intermeddle other Causes nor fall to other Matters for that day until they have brought it to some end 14. When Matters for lack of time be only debated and yet brought to no end then it shall be noted how far and to what point the Matter is brought and which have been the principal Reasons on each side to the intent when the Matter is treated or spoken of again it may the sooner and easilier come to
being read there once it was like to have raised such debates that it being resolved to end the Session before Christmas the Lords laid it aside But while the Parliament was sitting The Convocation meets they were not idle in the Convocation though the Popish Party was yet so prevalent in both Houses that Cranmer had no hopes of doing any thing till they were freed of the trouble which some of the great Bishops gave them The lower House made some Petitions Number 16. The most important thing they did was the carrying up four Petitions to the Bishops which will be found in the Collection 1. That according to the Statute made in the Reign of the late King there might be Persons empow'red for reforming the Ecclesiastical Laws The second That according to the ancient Custom of the Nation and the Tenor of the Bishops Writ to the Parliament the inferior Clergy might be admitted again to sit in the House of Commons or that no Acts concerning matters of Religion might pass without the sight and assent of the Clergy The third That since divers Prelates and other Divines had been in the late Kings time appointed to alter the Service of the Church and had made some progress in it that this might be brought to its full perfection The fourth That some consideration might be had for the maintenance of the Clergy the first year they came into their Livings in which they were charged with the First-fruits to which they added a desire to know whether they might safely speak their minds about Religion without the danger of any Law For the first of these four Petitions an account of it shall be given hereafter As to the second it was a thing of great consequence and deserves to be farther considered in this place Anciently all the free Men of England The Inferior Clergy desire to be admited to have Representatives in the House of Commons or at least those that held of the Crown in chief came to Parliament and then the inferior Clergy had Writs as well as the Superior and the first of the three Estates of the Kingdom were the Bishops the other Prelates and the Inferior Clergy But when the Parliament was divided into two Houses then the Clergy made likewise a Body of their own and sate in Convocation which was the third Estate But the Bishops having a double capacity the one of Ecclesiastical Prelature the other of being the Kings Barons they had a Right to sit with the Lords as a part of their Estate as well as in the Convocation And though by parity of reason it might seem that the rest of the Clergy being Freeholders as well as Clarks had an equal Right to choose or be chosen into the House of Commons yet whether they were ever in possession of it or whether according to the Clause Premonentes in the Bishops Writ they were ever a part of the House of Commons is a just doubt For besides this assertion in the Petition that was mentioned and a more large one in the second Petition which they presented to the same purpose which is likewise in the Collection Number 17. I have never met with any good reason to satisfie me in it There was a general Tradition in Queen Elizabeths Reign that the Inferior Clergy departed from their Right of being in the House of Commons when they were all brought into the Praemunire upon Cardinal Wolsey's Legatine Power and made their submission to the King But that is not credible for as there is no footstep of it which in a time of so much writing and printing must have remained if so great a change had been then made so it cannot be thought that those who made this Address but 17 years after that Submission many being alive in this who were of that Convocation Polidore Virgil in particular a curious observer since he was maintained here to write the History of England none of them should have remembred a thing that was so fresh but have appealed to Writs and ancient Practises But though this design of bringing the Inferior Clergy into the House of Commons did not take at this time yet it was again set on foot in the end of Queen Elizabeths Reign and Reasons were offered to perswade her to set it forward Which not being then successful these same Reasons were again offered to King James to induce him to endeavour it The Paper that discovers this was communicated to me by Dr. Borlace the Worthy Author of the History of the Irish Rebellion It is corrected in many places by the Hand of Bishop Ravis then Bishop of London a Man of great Worth This for the affinity of the matter and the curiosity of the thing I have put into the Collection Number 18. with a large Marginal Note as it was designed to be transcribed for King James But whether this Matter was ever much considered or lightly laid aside as a thing unfit and unpracticable does not appear certain it is that it came to nothing Upon the whole matter it is not certain what was the Power or Right of these Proctors of the Clergy in former times Some are of opinion that they were only assistants to the Bishops Coke 4. Inst 3.4 but had no Voice in either House of Parliament This is much confirmed by an Act pass'd in the Parliament of Ireland in the 28th Year of the former Reign which sets forth in the Preamble That though the Proctors of the Clergy were always summoned to Parliament yet they were no part of it nor had they any right to Vote in it but were only Assistants in case Matters of Controversie or Learning came before them as the Convocation was in England which had been determined by the Judges of England after much enquiry made about it But the Proctors were then pretending to so high an Authority that nothing could pass without their consents and it was presumed they were set on to it by the Bishops whose Chaplains they were for the most part Therefore they were by that Act declared to have no right to Vote From this some infer they were no other in England and that they were only the Bishops Assistants and Council But as the Clause Premonentes in the Writ seems to make them a part of the Parliament so these Petitions suppose that they sate in the House of Commons anciently where it cannot be imagined they could sit if they came only to be Assistants to the Bishops for then they must have sate in the House of Lords rather as the Judges the Masters of Chancery and the Kings Council do Nor is it reasonable to think they had no Voice for then their sitting in Parliament had been so insignificant a thing that it is not likely they would have used such endeavours to be restored to it since their coming to Parliament upon such an account must have been only a charge to them There is against this Opinion an
Parties so injured and spoiled so that thereby Forreign Princes have in a manner been weary of the King's Majesty's Amity and by their Ambassadors divers times complained to the great slander of the King's Majesty and danger of the State of the Realm 28. It is Objected and laid unto your Charge That where certain Men have taken certain Pirats you have not only taken from the Takers of the said Pirats all the Goods and Ships so taken without any reward but have cast the said Takers for their good Service done to the King's Majesty into Prison and there detained them a great time some eight Weeks some more some less to the discouraging of such as truly should serve the King's Majesty against his Pirats and Enemies 29. It is Objected and laid unto your Charge That divers of the Head Pirats being brought unto you you have let the same Pirats go again free unto the Seas and taking away from the Takers of them not only all their Commodity and Profit but from the true Owners of the Ships and Goods all such as ever came into the Pirats hands as though you were authorised to be the chief Pirat and to have had all the Advantage they could bring unto you 30. It is Objected and laid unto your Charge That where Order hath been taken by the Lord Protector and the whole Council that certain Goods piratically taken upon the Seas and otherwise known not to be Wreck nor Forfeited should be restored to the true Owners and Letters thereupon written by the Lord Protector and the Council to the which Letters you your self among the other did set to your Hand Yet you this notwithstanding have given commandment to your Officers That no such Letters should be obeyed and written your private Letters to the contrary commanding the said Goods not to be restored but kept to your own use and profit contrary to your own Hand before in the Council-Chamber written and contrary to your Duty and Allegiance and to the perilous Example of others and great slander and danger of the Realm 31. It is Objected and laid unto your Charge That where certain Strangers which were Friends and Allies to the King's Majesty had their Ships with Wind and Weather broken and yet came unwrecked to the Shore when the Lord Protector and the Council had written for the restitution of the said Goods and to the Country to aid and save so much of the Goods as might you your self subscribing and consenting thereto yet this notwithstanding you have not only given contrary commandment to your Officers but as a Pirat have written Letters to some of your Friends to help that as much of these Goods as they could should be conveyed away secretly by Night further off upon hope that if the same Goods were assured the Owners would make no further labour for them and then you might have enjoyed them contrary to Justice and your Honour and to the great slander of this Realm 32. It is Objected and laid unto your Charge That you have not only disclosed the Kings Majesty's Secret Council but also where you your self amongst the rest have consented and agreed to certain things for the advancement of the King's Affairs you have spoken and laboured against the same 33. It is further Objected and laid unto your Charge That your Deputy Steward and other your Ministers of the Holt in the County of Denbigh have now against Christmass last past at the said Holt made such provision of Wheat Malt Beefs and other such things as be necessary for the sustenance of a great number of Men making also by all the means possible a great Mass of Mony insomuch that all the Country doth greatly marvel at it and the more because your Servants have spread Rumours abroad that the King's Majesty was dead whereupon the Country is in a great maze doubt and expectation looking for some Broil and would have been more if at this present by your apprehension it had not been staied The Lord Admiral 's Answer to three of the former Articles TO the first he saith That about Easter-Tyde was twelve-months he said to Fowler as he supposeth it was that if he might have the King in his custody as Mr. Page had he would be glad and that he thought a Man might bring him through the Gallery to his Chamber and so to his House But this he said he spoke merrily meaning no hurt And that in the mean time after he heard and upon that sought out certain Precedents that there was in England at one time one Protector and another Regent of France and the Duke of Exeter and the Bishop of Winchester Governors of the King's Person Upon that he had thought to have made suit to the Parliament-House for that purpose and he had the names of all the Lords and totted them whom he thought he might have to his purpose to labour them But afterwards communing with Mr. Comptroller at Ely-place being put in remembrance by him of his assenting and agreeing with own his Hand that the Lord Protector should be governor of the King's Person he was ashamed of his doings and left off that suit and labour To the second he saith He gave Mony to two or three of them which were about the King To Mr. Cheek he saith he gave at Christmass-tide was twelve-months when the Queen was at Enfield 40 l. whereof to himself 20 l. the other for the King to bestow where it pleased his Grace amongst his Servants Mr. Cheek was very loath to take it howbeit he would needs press that upon him and to him he gave no more at no time as he remembreth sith the King's Majesty was crowned To the Grooms of the Chamber he hath at Newyears-tydes given Mony he doth not well remember what To Fowler he saith he gave Mony for the King sith the beginning of this Parliament now last at London 20 l. And divers times he saith the King hath sent to him for mony and he hath sent it And what time Mr. Latimer preached before the King the King sent to him to know what he should give Mr. Latimer and he sent to him by Fowler 40 l. with this word that 20 l. was a good reward for Mr. Latimer and the other he might bestow amongst his Servants whether he hath given Fowler any mony for himself he doth not remember To the third he saith It is true he drew such a Bill indeed himself and proffered it to the King or else to Mr. Cheek he cannot well tell and before that he saith he caused the King to be moved by Mr. Fowler whether he could be contented that he should have the Governance of him as Mr. Stanhope had He knoweth not what answer he had but upon that he drew the said Bill to that effect that his Majesty was content but what answer he had to the Bill he cannot tell Mr. Cheek can tell Number 32. The Warrant for the Admiral 's Execution March 17.
Ex Libro Concilii Fol. 247. THis day the 17th of March the Lord Chancellor and the rest of the King's Council meeting in his Highness Palace of Westminster heard the Report of the Bishop of Ely who by the said Lords and others of the Council was sent to instruct and comfort the Lord Admiral after the hearing whereof consulting and deliberating with themselves of the time most convenient for the execution of the said Lord Admiral now attainted and condemned by the Parliament They did condescend and agree that the said Lord Admiral should be executed the Wednesday next following betwixt the hours of nine and twelve in the forenoon the same day upon Tower-Hill His Body and Head to be buried within the Tower The King's Writ as in such Cases as heretofore hath been accustomed being first directed and sent forth for that purpose and effect Whereupon calling to the Council-Chamber the Bishop of Ely they willed him to declare this their Determination to the said Lord Admiral and to instruct and teach him the best he could to the quiet and patient suffering of Justice and to prepare himself to Almighty God E. Somerset T. Cantuarien R. Rich Cancel W. St. John J. Russel J. Warwick F. Shrewsbury Thomas Southampton William Paget Anthony Wingfield William Petre. A. Denny Edward North. R. Sadler Number 33. Articles to be followed and observed according to the King's Majesty's Injunctions and Proceedings 1. THat all Parsons Vicars and Curats Ex MS. Dr. Johnson omit in the reading of the Injunctions all such as make mention of the Popish Mass of Chantries of Candles upon the Altar or any other such-like thing 2. Item For an Uniformity that no Minister do counterfeit the Popish Mass as to kiss the Lord's Table washing his Fingers at every time in the Communion blessing his Eyes with the Paten or Sudary or crossing his Head with the Paten shifting of the Book from one place to another laying down and licking the Chalice of the Communion holding up his Fingers Hands or Thumbs joined towards his Temples breathing upon the Bread or Chalice shewing the Sacrament openly before the distribution of the Communion ringing or sacrying Bells or setting any Light upon the Lord's Board at any time And finally to use no other Ceremonies than are appointed in the King's Book of Common Prayers or kneeling otherwise than is in the said Book 3. Item That none buy or sell the Holy Communion as in Trentals and such other 4. Item That none be suffered to pray upon Beads and so the People to be diligently admonished and such as will not be admonished to put from the Holy Communion 5. Item That after the Homily every Sunday the Minister exhort the People especially the Communicants to remember the poor Mens Box with their Charity 6. Item To receive no Corpse but at the Church-yard without Bell or Cross 7. Item That the Common-Prayer upon Wednesdays and Fridays be diligently kept according to the King's Ordinances exhorting such as may conveniently come to be there 8. Item That the Curats every sixth Week at the least teach and declare diligently the Catechism according to the Book of the same 9. Item That no Man maintain Purgatory Invocation of Saints the six Articles Bedrolls Images Reliques Lights Holy Bells Holy Beads Holy Water Palms Ashes Candles Sepulchres Paschal creeping to the Cross hallowing of the Font of the Popish manner Oil Chresme Altars Beads or any other such Abuses and Superstitions contrary to the King's Majesty's Proceedings 10. Item That within any Church or Chappel be not used any more than one Communion upon any day except Christmass-day and Easter-day 11. Item That none keep the Abrogate Holy-days other than those that have their proper and peculiar Service 12. Item That the Church-wardens suffer no buying nor selling gaming or unfitting Demeanour in Church or Church-yards especially during the Common-Prayer the Sermon and reading of the Homily 13. Item That going to the Sick with the Sacrament the Minister have not with him either Light or Bells Number 34. A Paper written by Luther to Bucer concerning a Reconciliation with the Zuinglians An Original Ex M S. Col. C. Ch. Cant. PRimo Ut nullo modo concedamus de nobis dici quod neutri neutros ante Intellexerunt Nam isto Pharmaco non medebimur tanto vulneri cum nec ipsi credamus utrimque hoc verum esse alii putabunt a nobis hoc fingi ut ita magis suspectam reddemus causam vel potius per totum dubiam faciemus cum sit communis omnium ut in tantis animorum turbis scrupulis non expedit hoc nomine addere offendiculum Secundo Cum hactenus dissenserimus quod illi signum nos Corpus Christi asseruerimus plane contrarii Nihilominus mihi videtur utile ut mediam ut novam statuamus sententiam qua illi concedant Christum adesse vere nos concedamus panem solum manducari Considerandum certe est quantam hic fenestram aperiemus in re omnibus communi cogitandi Orientium hinc fontes questionum opinionum * Here a word is wanting it is like it should be Occludendi _____ Ut tutius multo sit illos simpliciter manere in suo signo cum nec ipsi suam nec nos nostram partem multo minus utrique totum orbem pertrahemus in eam sententiam Sed potius irritabimus ad varias Cogitationes ideo vellem potius ut sopitum maneret dissidium in duabus istis sententiis quam ut occasio daretur infinitis questionibus ad Epicurismum profuturis Istis salvis nihil est quod a me peti possit nam ut ego hoc dissidium vellem testis est mihi Christus meus redemptum Corpore Sanguine meo Sed quid faciam Ipsi forte Conscientia bona sunt in altera sententia Feramus igitur eos si sinceri sunt liberabit eos Christus Dominus Ego contra captus sum bona mea Conscientia nisi ipsi mihi sum ignotus in meam sententiam ferant me si non possunt mihi accedere Number 35. The Sentence against Joan of Kent with the Certificate made upon it IN Dei Nomine Amen Nos Thomas Regist Cran. Fol. 175. permissione divina Cantuarien Archiepiscopus totius Angliae primas Metrapolitanus Thomas Smith Miles Willielmus Cooke Decanus de Arcubus Hugo Latimer Sacrae Theologiae Professor Richardus Lyell Legum Doctor illustrissimi invictissimi in Christo Principis Domini nostri Domini Edwardi sexti Dei Gratia Angliae c. per Literas suas Regias Patentes dat duodecimo die mensis Aprilis Anno Regni sui tertio contra te Joannam Bocher alias nuncupatam Joannam de Kente coram nobis super haeretica pravitate juxta secundum Commissionem dicti Domini nostri Regis detectam declaratam ac in ea parte apud bonos graves Notorie Publice