of some disaffected Persons For when he came to the Crown there were none that were born Noble of his Council but only the Earl of Surrey and the Earl of Shrewsbury whereas now the Dukes of Norfolk and Suffolk the Marquess of Exeter the Lord Steward the Earls of Oxford and Sussex and the Lord Sands were of the Privy-Council And for the Spirituality the Arch-Bishop of Canterbury the Bishops of Winchester Hereford and Chichester were also of it And he and his whole Council judging it necessary to have some at the board who understood the Law of England and the Treaties with Forreign Princes he had by their Unanimous advice brought in his Chancellor and the Lord Privy-Seal He thought it strange that they who were but brutes should think they could better judg who should be his Counsellors than himself and his whole Council Therefore he would bear no such thing at their hands it being inconsistent with the duty of good Subjects to meddle in such matters But if they or any of his other Subjects could bring any just complaint against any about him he was ready to hear it and if it were proved he would punish it according to Law As for the complaints against some of the Prelates for preaching against the Faith they could know none of these things but by the report of others since they lived at such a distance that they themselves had not heard any of them preach Therefore he required them not to give credit to Lies nor be misled by those who spread such Calumnies and ill reports And he concluded all with a severe Expostulation adding that such was his love to his Subjects that imputing this Insurrection rather to their folly and lightness than to any malice or rancour he was willing to pass it over more gently as they would perceive by his Proclamation Now the people were come to themselves again and glad to get off so easily and they all chearfully accepted the Kings offers and went home again to their several dwellings Yet the Clergy were no way satisfied but continued still to practise amongst them and kept the Rebellion still on foot so that it broke out soon after The Duke of Norfolk and the Earl of Shrewsbury were ordered to lie still in the Country with their Forces till all things were more fully composed They made them all come to a full submission and first to revoke all Oaths and Promises made during the Rebellion for which they asked the Kings Pardon on their knees 2ly To swear to be true to the King and his Heirs and Successors 3ly To obey and maintain all the Acts of Parliament made during the Kings Reign 4ly Not to take Arms again but by the Kings Authority 5ly To apprehend all Seditious persons 6ly To remove all the Monks Nuns and Friars whom they had placed again in the dissolved Monasteries There were also Orders given to send Ask their Captain and the Lord Darcy to Court Ask was kindly received and well used by the King He had shewed great conduct in Commanding the Rebels and it seems the King had a mind either to gain him to his service or which I suspect was the true Cause to draw from him a discovery of all those who in the other parts of the Kingdom had favoured or relieved them For he suspected not without cause that some of the great Abbots had given secret supplies of Money to the Rebels For which many of them were afterwards tryed and attainted The Lord Darcy was under great apprehensions and studied to purge himself that he was forced to a Compliance with them but pleaded that the long and important services he had done the Crown for fifty years he being then fourscore together with his great Age and Infirmity might mitigate the Kings displeasure But he was made Prisoner Whether this gave those who had been in Arms new jealousies that the Kings Pardon would not be inviolably observed or whether the Clergy had of new prevailed on them to rise in Arms I cannot determine But it broke out again though not so dangerously as before Two Gentlemen of the North Musgrave and Tilby raised a body of 8000 men and thought to have surprised Carlisle but were repulsed by those within And in their return the Duke of Norfolk fell upon them and routed them He took many prisoners and by Martial Law hanged up all their Captains and Seventy other Prisoners on the Walls of Carlisle Others at that same time thought to have surprised Hull but it was prevented and the leaders of that Party were also taken and Executed Many other Risings were in several places of the Countrey which were all soon repressed the ground of them all was that the Parliament which was promised was not called But the King said they had not kept conditions with him nor would he call a Parliament till all things were quieted But the Duke of Norfolks vigilance every-where prevented their gathering together in any great Body And after several un-succesful attempts at length the Countrey was absolutely quieted in Ianuary following And then the Duke of Norfolk proceeded according to the Martial Law against many whom he had taken Ask had also left the Court without leave and had gone amongst them but was quickly taken So he and many others were sent to several places to be made publick Examples He suffered at York others at Hull and in other Towns in Yorkshire But the Lord Darcy and the Lord Hussy were arraigned at Westminster and attainted of Treason The former for the Northern and the other for the Lincolnshire Insurrection The Lord Darcy was beheaded at Towerhill and was much lamented Every body thought that considering his Merits his Age and former services he had hard measure The Lord Hussy was beheaded at Lincoln The Lord Darcy in his Tryal accused the Duke of Norfolk that in the Treaty at Doncaster he had encouraged the Rebels to continue in their demands This the Duke denyed and desired a Tryal by Combate and gave some presumptions to shew that the Lord Darcy bore him ill-will and said this out of Malice The King either did not believe this or would not seem to believe it And the Dukes great diligence in the Suppression of these Commotions set him beyond all jealousies But after those Executions the King wrote to the Duke in Iuly next to Proclaim an absolute Amnesty over all the North which was received with great joy every body being in fear of himself and so this threatning storm was dissipated without the effusion of much blood save what the sword of justice drew At the same time the King of Scotland returning from France with his Queen and touching on the Coast of England many of the people fell down at his feet praying him to assist them and he should have all But he was it seems bound up by the French King and so went home without giving them any encouragement And thus ended
Cardinal to oppose the Match with England since they looked for ruine if it succeeded The Queen being a sister of Guise and bred in the French Court was wholly for their Interests and all that had been obliged by that Court or depended on it were quickly drawn into the Party It was also said to every body that it was much more the Interest of Scotland to match with France than with England If they were united to France they might expect an easie Government For the French being at such distance from them and knowing how easily they might throw themselves into the Armes of England would certainly rule them gently and avoid giving them great Provocations But if they were united to England they had no remedy but must look for an heavier yoke to be laid on them This meeting with the rooted Antipathy that by a long continuance of War was grown up among them to a savage hatred of the English Nation and being inflamed by the considerations of Religion raised an universal dislike of the Match with England in the greatest part of the whole Nation only a few men of greater Probity who were weary of the depredations and Wars in the Borders and had a liking to the Reformation of the Church were still for it The French Court struck in vigorously with their Party in Scotland and sent over the Earl of Lenox who as he was next in blood to the Crown after the Earl of Arran so was of the same family of the Stewarts which had endeared him to the late King He was to lead the Queens party against the Hamiltons Yet they employed another Tool which was Iohn Hamilton base Brother to the Governor who was afterwards Arch-Bishop of St. Andrews He had great power over his Brother who being then not above four and twenty years of age and having been the only lawful Son of his Father in his old age was never bred abroad and so understood not the Policies and arts of Courts and was easily abused by his base Brother He assured him that if he went about to destroy Religion by matching the Queen to an Heretical Prince they would depose him from his Government and declare him Illegitimate There could be indeed nothing clearer than his Fathers Divorce from his first Wife For it had been formerly proved that she had been married to the Lord Yesters Son before he married her who claimed her as his Wife upon which her Marriage with the Earl of Arran was declared Null in the year 1507. And it was ten years after that the Earl of Arran did Marry the Governors Mother Of which things the Original Instruments are yet extant Yet it was now said that that Precontract with the Lord Yesters Son was but a forgery to dissolve that Marriage and if the Earl of Lenox who was next to the Crown in case the Earl of Arran was Illegitimated should by the assistance of France procure a review of that Process from Rome and obtain a Revocation of that Sentence by which his Fathers first Marriage was annulled then it was plain that the second marriage with the issue by it would be of no force All this wrought on the Governor much and at length drew him off from the Match with England and brought him over to the French Interests Which being effected there was no further use of the Eaâ—l of Lâ—nnox so he finding himself neglected by the Queen and the Cardinal and abandoned by the Crown of France fled into England where he was very kindly received by the King who gave him in marriage his Neece Lady Margaret Dowglass whom the Queen of Scotland had born to the Earl of Angus her second Husband From which Marriage issued the Lord Darnly Father to King Iames. When the Lords of the French Faction had carried things to their mind in Scotland it was next considered what they should do to redeem the Hostages whom the Lords who were Prisoners in England had left behind them And for this no other Remedy could be found but to let them take their hazard and leave them to the King of England's mercy To this they all agreed only the Earl of Cassilis had too much Honour and Vertue to do so mean a thing Therefore after he had done all he could for maintaining the Treaty about the Match he went into England and offered himself again to be a Prisoner But as generous actions are a reward to themselves so they often meet with that entertainment which they deserve And upon this occasion the King was not wanting to express a very great value for that Lord. He called him another Regulus but used him better For he both gave him his Liberty and made him noble Presents and sent him and his Hostages back being resolved to have a severer reparation for the injury done him All which I have opened more fully because this will give a great light to the affairs of that Kingdom which will be found in the Reigns of the succeeding Princes to have a great intermixture with the affairs of this Kingdom Nor are they justly represented by any who write of these times and having seen some Original Papers relating to Scotland at that time I have done it upon more certain information The King of England made War next upon France The grounds of this War are recited by the Lord Herbert One of these is proper for me to repeat That the French King had not deserted the Bishop of Rome and consented to a Reformation as he had once Promised The rest related to other things such as the seizing our Ships The detaining the yearly Pension due to the King The Fortifying Ardres to the prejudice of the English pale The revealing the Kings secrets to the Emperor The having given first his Daughter and then the Duke of Guises Sister in Marriage to his Enemy the King of Scotland and his confederating himself with the Turk And Satisfaction not being given in these particulars a War is declared In Iuly the King married Katharine Parre who had been formerly married to Nevil Lord Latimer She was a secret Favourer of the Reformation yet could not divert a storm which at this time fell on some in Windsor For that being a place to which the King did oft retire it was thought fit to make some examples there And now the League with the Emperour gave the Popish Faction a greater interest in the Kings Counsels There was at this time a Society at Windsor that favoured the Reformation Anthony Person a Priest Robert Testwood and Iohn Marbeck Singing Men and Henry Filmer of the Town of Windsor were the chief of them But those were much favoured by Sir Philip Hâ—bby and his Lady and several others of the Kings Family During Crâ—â—â—els power none questioned them but after his fall they were looked on with an ill eye Doctor Londâ—n who had by the most servile Flatteries insinuated himself into Cromâ—el and was much employed
durst adventure on making any complaints against her Yet the Kings distempers encreasing and his peevishness growing with them he became more uneasie and whereas she had frequently used to talk to him of Religion and defend the Opinions of the Reformers in which he would sometimes pleasantly maintain the Argument now becoming more impatient he took it ill at her hands And she had sometimes in the heat of discourse gone very far So one night after she had left him the King being displeased vented it to the Bishop of Winchester that stood by And he craftily and maliciously struck in with the Kings anger and said all that he could devise against the Queen to drive his resentments higher and took in the Lord Chancellor into the design to assist him They filled the Kings head with many stories of the Queen and some of her Ladies and said They had favoured Anne Askew and had Heretical Books amongst them and he perswaded the King that they were Traitors as well as Hereticks The matter went so far that Articles were drawn against her which the King Sigâ—ed for without that it was not safe for any to Impeach the Queen But the Lord Chancellor putting up that Paper carelesly it dropt from him And being taken up by one of the Queens Party was carryed to her Whether the King had really designed her ruin or not is differently represented by the Writers who lived near that time But she seeing his hand to such a Paper had reason to conclude her self lost Yet by advice of one of her Friends she went to see the King who receiving her kindly set on a Discourse about Religion But she answered that women by their first Creation were made subject to men and they being made after the Image of God as the Women were after their Image ought to instruct their Wives who were to learn of them and she much more was to be taught by his Majesty who was a Prince of such excellent Learning and Wisdom Not so by St. Mary said the King you are become a Doctor able to Instruct us and not to be Instructed by us To which she answered That it seemed he had much mistaken the freedom she had taken to argue with him since she did it partly to engage him in discourse and so put over the time and make him forget his pain and partly to receive Instructions from him by which she had profited much And is it even so said the King then we are friends again So he embraced her with great affection and sent her away with very tender assurances of his constant Love to her But the next day had been appointed for carrying her and some of her Ladies to the Tower The day being fair the King went to take a little air in the Garden and sent for her to bear him company As they were together the Lord Chancellor came in having about forty of the Guard with him to have arrested the Queen But the King stept aside to him and after a little discourse he was heard to call him Knave Fool and Beast and he bade him get him out of his Sight The Innocent Queen who understood not that her danger was so near studied to mitigate the Kings displeasure and interceded for the Lord Chancellor But the King told her she had no reason to plead for him So this design miscarried which as it absolutely disheartned the Papists so it did totally alienate the King from them and in particular from the Bishop of Winchester whose sight he could never after this endure But he made an humble Submission to the King which though it preserved him from further punishment yet could not restore him to the Kings favour But the Duke of Norfolk and his Son the Earl of Surrey fell under a deeper Misfortune The Duke of Norfolk had been long Lord Treasurer of England He had done great services to the Crown on many signal Occasions and success had always accompanied him His Son the Earl of Surrey was also a brave and noble person Witty and Learned to an high degree but did not command Armies with such Success He was much provoked at the Earl of Hertfords being sent over to France in his room and upon that had said That within a little-while they should smart for it with some other expressions that savoured of Revenge and a dislike of the King and a hatred of the Counsellors The Duke of Norfolk had endeavoured to ally himself to the Earl of Hertford and to his Brother Sir Thomas Seimour perceiving how much they were in the Kings favour and how great an Interest they were like to have under the succeeding Prince And therefore would have engaged his Son being then a Widower to Marry that Earls Daughter And pressed his Daughter the Dutchess of Richmond Widow to the Kings Natural Son to Marry Sir Thomas Seimour But though the Earl of Surrey advised his Sister to the Marriage projected for her yet he would not consent to that designed for himself nor did the Proposition about his Sister take effect The Seimours could not but see the Enmity the Earl of Surrey bore them and they might well be jealous of the Greatness of that Family which was not only too big for a Subject of it self but was raised so high by the dependence of the whole Popish Party both at home and abroad that they were like to be very dangerous Competitors for the chief Government of Affairs if the King were once out of the way whose disease was now growing so fast upon him that he could not live many weeks Nor is it unlikely that they perswaded the King that if the Earl of Surrey should marry the Lady Mary it might embroil his Sons Government and perhaps ruine him And it was suggested That he had some such high project in his thoughts both by his continuing unmarried and by his using the Armes of Edward the Confessor which of late he had given in his Coat without a Diminution But to compleat the Duke of Norfolks ruin his Dutchess who had complained of his using her ill and had been separated from him about four years turned Informer against him His Son and Daughter were also in ill terms together So the Sister Informed all that she could against her Brother And one Mrs Holland for whom the Duke was believed to have an unlawful affection discovered all she knew but all amounted to no more than some passionate Expressions of the Son and some Complaints of the Father who thought he was not beloved by the King and his Councellors and that he was ill used in not being trusted with the secret of affairs And all persons being encouraged to bring Informations against them Sr. Richard Southwell charged the Earl of Surreâ— in some points that were of a higher nature which the Earl denied and desired to be admitted according to the Martial Law to fight in his shirt with Southwel But that not being granted he and his
THE Historie of the REFORMATION of the CHURCH of ENGLAND LONDON Printed for Ric Chiswell Whitehall May 23. 1679. THis Book entituled The History of the Reformation of the Church of ENGLAND having been perused and approved by Persons of eminent Quality and several Divines of great Piety and Learning who have recommended it as a Work very fit to be made publick as well for the Usefulness of the Matter as for the Industry and Integrity the Author hath used in compiling of it the Honourable Mr. SECRETARY COVENTRY doth therefore allow it to be Printed and Published IO. COOKE THE HISTORY OF THE REFORMATION OF THE Church of England The First Part OF THE Progress made in it during the Reign OF K. Henry the VIII By GILBERT BVRNET LONDON Printed by T. H. for Richard Chiswell at the Rose and Crown in St. Paul's Church-yard MDCLXXIX TO THE KING SIR THE first step that was made in the Reformation of this Church was the restoring to your Royal Ancestors the Rights of the Crown and an entire Dominion over all their Subjects of which they had been disseised by the craft and violence of an unjust Pretender to whom the Clergy though your Majesties Progenitors had enriched them by a bounty no less profuse than ill-managed did not only adhere but drew with them the Laity over whose Consciences they had gained so absolute an Authority that our Kings were to expect no Obedience from their people but what the Popes were pleased to allow It is true the Nobler part of the Nation did frequently in Parliament assert the Regal Prerogatives against those Papal invasions yet these were but faint endeavours for an ill-executed Law is but an unequal match to a Principle strongly infused into the Consciences of the people But how different was this from the teaching of Christ and his Apostles They forbad men to use all those Arts by which the Papacy grew up and yet subsists They exhorted them to obey Magistrates when they knew it would cost them their Lives They were for setting up a Kingdom not of this World nor to be attained but by a holy and peaceable Religion If this might every-where take place Princes would find Government both easie and secure It would raise in their Subjects the truest courage and unite them with the firmest charity It would draw from them Obedience to the Laws and Reverence to the persons of their Kings If the Standards of Justice and Charity which the Gospel gives of doing as we would be done by and loving our Neighbours as our selves were made the measures of mens actions how steadily would Societies be governed and how exactly would Princes be obeyed The design of the Reformation was to restore Christianity to what it was at first and to purge it of those Corruptions with which it was over-run in the later and darker Ages GREAT SIR This work was carryed on by a slow and unsteady Progress under King Henry the VIII it advanced in a fuller and freer course under the short but blessed Reign of King Edward was Sealed with the blood of many Martyrs under Queen Mary was brought to a full settlement in the happy and glorious days of Queen Elizabeth was defended by the learned Pen of King Iames but the established frame of it under which it had so long flourished was overthrown with your Majesties blessed Father who fell with it and honoured it by his unexempled Suffering for it and was again restored to its former beauty and order by your Majesties happy Return What remains to compleat and perpetuate this Blessing the composing of our differences at home the establishing a closer correspondence with the Reformed Churches abroad the securing us from the restless and wicked practices of that Party who hoped so lately to have been at the end of their designs and that which can only entitle us to a Blessing from God the Reforming of our manners and lives as our Ancestors did our Doctrine and Worship All this is reserved for your Majesty that it may appear that your Royal Title of Defender of the Faith is no empty sound but the real strength and Glory of your Crown For attaining these ends it will be of great use to trace the steps of our first Reformers for if the land-marks they set be observed we can hardly go out of the way This was my chief design in the following sheets which I now most humbly offer to your Majesty hoping that as you were graciously pleased to command that I should have free access to all Records for composing them so you will not deny your Royal Patronage to the History of that Work which God grant your Majesty may live to raise to its perfection and to compleat in your Reign the Glory of all your Titles This is a part of the most earnest as well as the daily Prayers of May it please Your Sacred Majesty Your Majesties most Loyal most Faithful and most devoted Subject and Servant G. BVRNET THE CONTENTS OF THIS VOLUME BOOK I. A Summary View of King Henry the Eighths Reign till the Process of his Divorce was begun in which the State of England chiefly as it related to Religion is opened Page 1. BOOK II. Of the Process of Divorce between King Henry and Queen Katherine and of what passed from the 19th to the 25th year of his Reign in which he was declared Supream Head of the Church of England Page 34. BOOK III. Of the other Transactions about Religion and Reformation during the rest of the Reign of King Henry the 8th Page 179. COLLECTION OF RECORDS c. Ad Librum Primum Page 3. Ad Librum Secundum Page 9. Ad Librum Tertium Page 131. An Appendix concerning the Errors and Falsehoods in Sanders's Book of the English Schism Page 273. ADDENDA Page 305. ERRATA in the Historical part PAge 12. Line 6. Margent for 15. read 1st p. 49. l. 19. for chiefly r. clearly p. 54. l. 15. for 10. r. 13. p. 103. l. 32. Abisha r. Abishag p. 109. l. 47. had r. has p. 115. l. 10. having r. had p. 126. l. 9. before officiate r. did p. 151. l. 31. speak r. spake p. 173. l. 31. dele a. p. 186. l. 25. Pachon r. Pachom p. 198. l. 8. co r. to p. 203. l. 41. then r. that p. 205. l. 20. being her last words r. her last words being p. 235. l. 44. that so r. so that p. 239. l. 33. was r. is p. 259. l. 42. As r. All. p. 264. l. 15. down r. out p. 275. l. 5. no r. on p. 283. l. 49. in that r. that in l. 51. the great charges of r. of the great charges p. 284. l. 21. person r. prison p. 327. l. 31. desertion r. discovery p. 333. Marginal Note resentments r. preâ—erments Informers r. Reformers p. 344. l. 22. before he r. that p. 369. l. 5. utrumque r. utcumque Some Literal faults and mistakes in the Punctuation the Reader will more easily Correct THE
to go to Cambridge for trying who were the Fautors of Heresie there But he as Legate did inhibite it upon what grounds I cannot imagine Which was brought against him afterwards in Parliament Art 43. of his Impeachment Yet when these Doctrines were spread every-where he called a meeting of all the Bishops and Divines and Canonists about London where Thomas Bilney and Thomas Arthur were brought before them and Articles were brought in against them The whole process is set down at length by Fox in all Points according to Tonstall's Register except one fault in the Translation When the Cardinal asked Bilney whether he had not taken an Oath before not to preach or defend any of Luthers Doctrines he confessed he had done it but not judicially judicialiter in the Register This Fox Translates not lawfully In all the other particulars there is an exact agreement between the Register and his Acts. The sum of the proceedings of the Court was That after examination of Witnesses and several other steps in the Process which the Cardinal left to the Bishop of London and the other Bishops to manage Bilney stood out long and seemed resolved to suffer for a good Conscience In the end what through human infirmity what through the great importunity of the Bishop of London who set all his Friends on him he did abjure on the 7 th of December as Arthur had done on the 2 d. of that Month. And though Bilney was relapst and so was to expect no mercy by the Law yet the Bishop of London enjoyned him Penance and let him go For Tonstall being a man both of good Learning and an unblemisht life these Vertues produced one of their ordinary effects in him great moderation that was so eminent in him that at no time did he dip his hands in Blood Geoffrey Loni and Thomas Gerard also abjured for having had Luther's Books and defending his Opinions These were the proceedings against Hereticks in the first half of this Reign And thus far I have opened the State of Affairs both as to Religious and Civil concerns for the first 18 years of this Kings time with what Observations I could gather of the dispositions and tempers of the Nation at that time which prepared them for the Changes that followed afterwards The End of the First Book THE HISTORY OF THE REFORMATION OF THE Church of England BOOK II. Of the Process of Divorce between King Henry and Queen Katharine and of what passed from the Nineteenth to the Twenty fifth year of his Reign in which he was declared Supreme Head of the Church of England KING Henry hitherto lived at ease and enjoyed his pleasures he made War with much honour and that always produced a just and advantageous Peace He had no trouble upon him in all his affairs except about the getting of Money and even in that the Cardinal eased him But now a Domestick trouble arose which perplexed all the rest of his Government and drew after it Consequences of a high nature Henry the 7 th upon wise and good considerations resolved to link himself in a close Confederacy with Ferdinand and Isabella Kings of Castile and Arragon and with the House of Burgundy against France which was looked on as the lasting and dangerous Enemy of England And therefore a Match was agreed on between his Son Prince Arthur and Katharine the Infanta of Spain whose eldest Sister Ioan was Married to Philip that was then Duke of Burgundy and Earl of Flanders out of which arose a triple Alliance between England Spain and Burgundy against the King of France who was then become formidable to all about him There was given with her 200000 Duckats the greatest Portion that had been given for many Ages with any Princess which made it not the less acceptable to King Henry the Seventh EFFIGIES CATHARINAE PRINCIPIS ARTHURI VXORIS HENRICO REGI NUPTAE H. Holbeâ—n Pinxit R. White Sculp 1486. Nata 1501. Nov. 14. Arthuro nupsit 1509. Iun. 3. Henrico Regi nupsit 1526. toro exclusa 1533. May. 23 incesti damnata 1536. Ian. 8. obijt Printed for Rich Chiswell at the Rose Crown in St Pauls Church yard The Infanta was brought into England and on the 14th of Nov. was Married at St. Pauls to the Prince of Wales They lived together as man and wife till the 2d of April following and not only had their Bed solemnly blest when they were put in it on the night of their Marriage but also were seen publickly in Bed for several days after and went down to live at Ludlow-Castle in Wales where they still Bedded together But Prince Arthur though a strong and healthful youth when he Married her yet died soon after which some thought was hastened by his too early Marriage The Spanish Ambassador had by his Masters order taken proofs of the Consummation of the Marriage and sent them into Spain the young Prince also himself had by many expressions given his Servants cause to believe that his Marriage was consummated the first night which in a youth of Sixteen years of Age that was vigorous and healthful was not at all judged strange It was so constantly believed that when he dyed his younger Brother Henry Duke of York was not called Prince of Wales for some considerable time Some say for one Month some for 6 Months And he was not created Prince of Wales till 10 Months were elapsed viz. in the February following when it was apparent that his Brothers wife was not with Child by him These things were afterwards looked on as a full Demonstration being as much as the thing was capable of that the Princess was not a Virgin after Prince Arthur's Death But the reason of State still standing for keeping up the Alliance against France and King Henry the 7th having no mind to let so great a Revenue as she had in Jointure be carried out of the Kingdom it was proposed That she should be married to the younger Brother Henry now Prince of Wales The two Prelats that were then in greatest esteem with King Henry the 7th were Warham Arch-Bishop of Canterbury and Fox Bishop of Winchester The former delivered his opinion against it and told the King that he thought it was neither honourable nor well-pleasing to God The Bishop of Winchester perswaded it and for the Objections that were against it and the Murmuring of the people who did not like a Marriage that was disputable lest out of it new Wars should afterwards arise about the Right of the Crown the Popes Dispensation was thought sufficient to answer all and his Authority was then so undisputed that it did it effectually So a Bull was obtained on the 26 of Decemb. 1503 to this effect that the Pope according to the greatness of his Authority having received a Petition from Prince Henry and the Princess Katharine Bearing That whereas the Princess was Lawfully Married to Prince Arthur which was
down at his feet and in most passionate expressions begged him to be more compliant to the Kings desires and at least not to deny that small favour of showing the Decretal to some few Counsellors upon the assurance of absolute secrecy But the Pope interrupted him and with great signs of an unusual grief told him these sad effects could not be charged on him he had kept his word and done what he had promised but upon no consideration would he do any thing that might wound his Conscience or blemish his Integrity Therefore let them proceed as they would in England he should be free of all blame but should confirm their Sentence And he protested he had given Campegio no commands to make any delays but only to give him notice of their proceedings If the King who had maintained the Apostolick See had written for the Faith and was the Defender of it would over-turn it it would end in his own disgrace But at last the secret came out for the Pope confessed there was a League in Treaty between the Emperor and himself but denied that he had bound himself up by it as to the Kings business The Pope consulted with the Cardinals Sanctorum Quatuor and Simonetta not mentioning the Decretal to them which he had granted without communicating it to any body or entring it in any Register and they were of opinion that the Process should be carried on in England without demanding any thing further from Rome But the Imperial Cardinals spake against it and were moving presently for an Inhibition and an Avocation of the Cause to be tried at the Court of Rome The Pope also took notice that the Intercession of England and France had not prevailed with the Venetians to restore Cervia and Ravenna which they had taken from him and that he could not think that Republick durst do so if these Kings were in earnest It had been promised that they should be restored as soon as his Legate was sent to England but it was not yet done The Proto-Notary told him it should most certainly be done Thus ended that Conversation But the more earnest the Cardinal was to have the Bull seen by some of the Privy-Council the Pope was the more confirmed in his resolutions never to consent to it For he could not imagine the desire of seeing it was a bare curiosity or only to direct the Kings Counsellors since the King and the Cardinal could inform them of all the material Clauses that were in it Therefore he judged the desire of seeing it was only that they might have so many witnesses to prove that it was once granted whereby they had the Pope in their power and this he judged too dangerous for him to submit to But the Pope finding the King and the Cardinal so ill satisfied with him resolved to send Francisco Campana one of his Bed-chamber to England to remove all mistakes and to feed the King with fresh hopes In England Campegio found still means by new delays to put off the business and amused the King with new and subtle motions for ending the matter more dextrously Upon which in the beginning of December Sir Francis Brian and Peter Vannes the Kings Secretary for the Latine Tongue were sent to Rome They had it in Commission to search all the Records there for the Breve that was now so much talked of in Spain They were to propose several overtures Whether if the Queen vowed Religion the Pope would not dispence with the Kings second Marriage or if the Queen would not vow Religion unless the King also did it Whether in that case would the Pope dispence with his vow Or whether if the Queen would hear of no such proposition would not the Pope dispence with the Kings having two Wives For which there were diverss presidents vouched from the Old Testament They were to represent to the Pope that the King had laid out much of his best Treasure in his Service and therefore he expected the highest favours out of the deepest Treasure of the Church And Peter Vannes was commanded to tell the Pope as of himself that if he did for partial respects and fears refuse the Kings desires he perceived it would not only alienate the King from him but that many other Princes his Confederates with their Realms would withdraw their Devotion and Obedience from the Apostolick See By a dispatch that followed them the Cardinal tried a new project which was an offer of 2000 men for a Guard to the Pope to be maintained at the cost of the King and his Confederates And also proposed an enterview of the Pope the Emperor the French King and the Ambassadors of other Princes to be either at Nice Avignon or in Savoy and that himself would come thither from the King of England But the Pope resolved stedfastly to keep his ground and not to engage himself too much to any Prince therefore the motion of a Guard did not at all work upon him To have Guards about him upon another Princes pay was to be their Prisoner and he was so weary of his late Imprisonment that he would not put himself in hazard of it a second time Besides such a Guard would give the Emperor just cause of jealousie and yet not secure him against his power He had been also so unsuccesful in his contests with the Emperor that he had no mind to give him any new provocation And though the Kings of England and France gave him good words yet they did nothing nor did the King make War upon the Emperor so that his Armies lying in Italy he was still under his power Therefore the Pope resolved to unite himself firmly to the Emperor and all the use he made of the Kings earnestness in his Divorce was only to bring the Emperor to better terms The Lutherans in Germany were like to make great use of any decision he might make against any of his Predecessors Bulls The Cardinal Elector of Mentz had written to him to consider well what he did in the Kings Divorce for if it went on nothing had ever fallen out since the beginning of Luthers Sect that would so much strenghen it as that Sentence He was also threatned on the other side from Rome that the Emperor would have a General Council called and whatsoever he did in this Process should be examined there and he proceeded against accordingly Nor did they forget to put him in mind of his Birth that he was a Bastard and so by the Canon incapable of that Dignity and that thereupon they would depose him He having all these things in his prospect and being naturally of a fearful temper which was at this time more prevalent in him by reason of his late Captivity resolved not to run these hazards which seemed unavoidable if he proceeded further in the Kings business But his constant Maxime being to promise and swear deepest when he intended least he sent
Campana to England with a Letter of Credence to the Cardinal the effects of which message will appear afterwards And thus ended this year in which it was believed that if the King had employed that Money which was spent in a fruitless Negotiation at Rome on a War in Flanders it had so distracted the Emperors Forces and encouraged the Pope that he had sooner granted that which in a more fruitless way was sought of him In the beginning of the next year Cassali wrote to the Cardinal that the Pope was much inclined to unite himself with the Emperor and proposed to go in Person to Spain to solicite a general Peace but intended to go privately and desired the Cardinal would go with him thither as his Friend and Counsellor and that they two should go as Legates But Cassali by Salviati's means who was in great favour with the Pope understood that the Pope was never in greater fear of the Emperor than at that time for his Ambassador had threatned the Pope severely if he would not recal the Commission that he had sent to England so that the Pope spoke oft to Salviati of the great Repentance that he had inwardly in his heart for granting the Decretal and said He was undone for ever if it came to the Emperors knowledge He also resolved that though the Legates gave Sentence in England it should never take effect for he would not confirm it Of which Gregory Cassali gave Advertisement by an express Messenger who as he passed through Paris met Secretary Knight and Doctor Bennet whom the King had dispatched to Rome to assist his other Ambassadors there and gave them an account of his message and that it was the Advice of the Kings Friends at Rome That he and his Confederates should follow the War more vigorously and press the Emperor harder without which all their applications to the Pope would signifie nothing Of this they gave the Cardinal an account and went on but faintly in their Journey judging that upon these Advertisements they would be recalled and other Counsels taken At the same time the Pope was with his usual Arts cajoling the Kings Agents in Italy For when Sir Francis Brian and Peter Vannes came to Bononia the Proto-Notary Cassali was surprized to hear that the business was not already ended in England since he said he knew there were sufficient Powers sent about it and that the Pope assured him he would confirm their Sentence but that he made a great difference between the confirming their judgment by which he had the Legates between him and the Envy or Odium of it and the granting a Bull by which the Judgment should arise immediately from himself This his best Friends dissuaded and he seemed apprehensive that in case he should do it a Council would be called and he should be deposed for it And any such distraction in the Papacy considering the footing which Heresie had alread gotten would ruin the Ecclesiastical State and the Church So dextrously did the Pope govern himself between such contrary tides But all this Dissimulation was short of what he acted by Campana in England whose true errand thither was to order Campegio to destroy the Bull but he did so perswade the King and the Cardinal of the Popes sincerity that by a dispatch to Sir Francis Brian and Peter Vannes and Sir Gregory Cassali he chid the two former for not making more haste to Rome for he believed it might have been a great advantage to the Kings Affairs if they had got thither before the General of the Observants then Cardinal Angell He ordered them to setle the business of the Guard about the Pope presently and tells them that the Secretary was recalled and Dr. Stephens again sent to Rome And in a Letter to Secretary Knight who went no further than Lions he writ to him That Campana had assured the King and him in the Popes name that the Pope was ready to do not only all that of Law Equity or Justice could be desired of him but whatever of the fulness of his Power he could do or devise for giving the King content And that although there were three things which the Pope had great reason to take care of The calling a General Council The Emperors descent into Italy and the Restitution of his Towns which were offered to be put in his hands by the Emperors means yet neither these nor any other consideration should divert him from doing all that lay within his Authority or Power for the King And that he had so deep a sense of the Kings merits and the obligations that he had laid on him that if his resignation of the Popedom might do him any Service he would readily consent to it And therefore in the Popes name he encouraged the Legates to proceed and end the business Upon these assurances the Cardinal ordered the Secretary to haste forward to Rome and to thank the Pope for that kind message to setle the Guard about him and to tell him that for a Council none could be called but by himself with the consent of the Kings of England and France And for any pretended Council or meeting of Bishops which the Emperor by the Cardinals of his Party might call he needed not fear that For his Towns they should be most certainly restored Nor was the Emperors offering to put them in his hand to be much regarded for though he restored them if the Pope had not a better Guaranty for them it would be easie for him to take them from him when he pleased He was also to propose a firmer League between the Pope England and France in order to which he was to move the Pope most earnestly to go to Nice and if the Pope proposed the Kings taking a second Wife with a Legitimation of the Issue which she might have so the Queen might be induced to enter into a state of Religion to which the Pope inclined most he was not to accept of that both because the thing would take up much time and they found the Queen resolved to do nothing but as she was advised by her Nephews Yet if the Pope offered a Decretal about it he might take it to be made use of as the Occasion might require But by a Postscript he is recalled and it is signified to him that Gardiner was sent to Rome to negotiate these aâ—fairs who had returned to England with the Legate and his being so successful in his former Message made them think him the fittest Minister they could imploy in that Court and to send him with the greater Advantage he was made a Privy Councellour But an unlooked-for Accident put a stop to all Proceedings in the Court of Rome For on Epiphany-day the Pope was taken extreme ill at Mass and a great sickness followed of which it was generally believed he could not recover and though his distemper did soon abate so much that it
lately there had been one granted by Pope Alexander the 6th to the King of Hungary against the Opinion of his Cardinals which had never been questioned and yet he could not pretend to such Merits as the King had And all that had ever been said in the Kings Cause was Sum'd up in a short Breviate by Cassali and offered to the Pope a Copy whereof taken from an Original under his own hand the Reader will find in the Collection The King ordered his Ambassadors to make as many Cardinals sure for his cause as they could who might bring the Pope to consent to it if he were still averse But the Pope was at this time possessed with a new jealousie of which the French King was not free as if the King had been tampering with the Emperor and had made him great offers so he would consent to the Divorce about which Francis wrote an anxious Letter to Rome the Original of which I have seen The Pope was also surprized at it and questioned the Ambassadors about it but they denyed it and said the union between England and France was inseparable and that these were only the Practices of the Emperors Agents to create distrust The Pope seemed satisfied with what they said and added that in the present conjuncture a firm union between them was necessary Of all this Sir Francis Brian wrote a long account in cipher But the Popes relapse put a new stop to business of which the Cardinal being informed as he ordered the Kings Agents to continue their care about his Promotion so he charged them to see if it were possible to get Access to the Pope and though he were in the very Agony of Death to propose two things to him the one that he would presently command all the Princes of Christendom to agree to a Cessation of Arms under pain of the Censures of the Church as Pope Leo and other Popes had done and if he should die he could not do a thing that would be more meritorious and for the good of his Soul than to make that the last Act of his Life The other thing was concerning the Kings business which he presseth as a thing necessary to be done for the clearing and eâ—se of the Popes Conscience towards God And withal he orders them to gain as many about the Pope and as many Cardinals and Officers in the Rota as they could to promote the Kings desires whether in the Popes sickness or health The Bishop of Verona had a great Interest with the Pope so by that and another Dispatch of the same Date sent another way they were ordered to gain him promising him great Rewards pressing him to remain still about the Popes person to ballance the ill Offices which Cardinal Angell and the Arch-Bishop of Capua did who never stirred from the Pope And to assure that Bishop that the King laid this Matter more to heart than any thing that ever befel him and that it would trouble him as much to be overcome in this Matter by these two Friers as to loose both his Crowns and for my part writes the Cardinal I would expose any thing to my life yea life it self rather than see the Inconveniencies that may ensue upon disappointing of the Kings desire For promoting the Business the French King sent the Bishop of Bayon to assist the English Ambassadors in his name who was first sent over to England to be well Instructed there They were either to procure a Decretal for the Kings Divorce or a new Commission to the two Legates with ampler Clauses in it than the former had to judge as if the Pope were in person and to emit compulsorie Letters against any whether Emperor King or of what degree soever to produce all manner of Evidences or Records which might tend towards the clearing the Matter and to bring them before them This was sought because the Emperor would not send over the pretended Original Breve to England and gave only an Attested Copy of it to the Kings Ambassadors least therefore from that Breve a new Suit might be afterwards raised for Annulling any Sentence which the Legates should give they thought it needful to have the Original brought before them In the penning of that new Commission Dr. Gardiner was ordered to have special care that it should be done by the best advice he could get in Rome It appears also from this Dispatch that the Popes Pollicitation to Confirm the Sentence which the Legates should give was then in Gardiner's hands for he was ordered to take care that there might be no disagreement between the date of it and of the new Commission And when that was obtained Sr. Francis Brian was commanded to bring them with him to England Or if neither a Decretal nor a new Commission could be obtained then if any other expedient were proposed that upon good advice should be found sufficient and effectual they were to accept of it and send it away with all possible diligence And the Cardinal conjured them by the Reverence of Almighty God to bring them out of their Perplexity that this Virtuous Prince may have this thing sped which would be the most joyous thing that could befal his heart upon Earth But if all things should be denyed then they were to make their Protestations not only to the Pope but to the Cardinals of the Injustice that was done the King and in the Cardinals name to let them know that not only the King and his Realm would be lost but also the French King and his Realm with their other Confederates would also withdraw their Obedience from the See of Rome which was more to be regarded than either the Emperors Displeasure or the Recovery of two Cities They were also to try what might be done in Law by the Cardinals in a Vacancy and they were to take good Counsel upon some Chapters of the Canon-Law which related to that and Govern themselves accordingly either to hinder an Avocation or Inhibition or if it could be done to obtain such thing as they could grant towards the Conclusion of the Kings Business At this time also the Cardinals Bulls for the Bishoprick of Winchester were expedited they were rated high at 15000 Ducats for though the Cardinal pleaded his great Merits to bring the composition lower yet the Cardinals at Rome said the Apostolick Chamber was very poor and other Bulls were then coming from France to which the favour they should show the Cardinal would be a Precedent But the Cardinal sent word that he would not give past 5 or 6000 Ducats because he was exchanging Winchester for Duresm and by the other they were to get a great Composition And if they held his Bulls so high he would not have them for he needed them not since he enjoyed already by the Kings Grant the Temporalities of Winchester which it is very likely was all that he considered in a Bishoprick They were
not then just cause to distrust all that came from him when at one time he condemned what he had allowed at another So that the King saw clearly he did not Consider the ease of his Conscience but other worldly respects that had put him on Consulting so many Learned men whose judgments differed much from those few that were about the Pope who thought the Prohibition of such Marriages was onely positive and might be dispensed with by the Pope whereas all other Learned men thought the Law was Moral and indispensable He perceived the Apostolick See was destitute of that Learning by which it should be directed and the Pope had oft professed his own Ignorance and that he spake by other mens mouths but many Universities in England France and Italy had declared the Marriage unlawful and the Dispensation null None honoured the Apostolick See more than he had done and therefore he was sorry to write such things if he could have been silent If he should obey the Popes Letters he would offend God and his own Conscience and give scandal to those who condemned his Marriage he did not willingly dissent from him without a very urgent cause that he might not seem to despise the Apostolick See therefore he desired the Pope would forgive the freedom that he used since it was the Truth that drew it from him And he added that he intended not to Impugn the Popes Authority further except he compelled him and what he did was only to bring it within its first and Ancient Limits to which it was better to reduce it than to let it always run on headlong and do amiss therefore he desired the Pope would Conform himself to the opinions of so many Learned men and do his Duty and Office The Letter ends with a Credence to the Ambassador The Pope seeing his Authority was declining in England resolved now to do all he could to recover it either by force or Treaty and so ordered a Citation to be made of the King to appear in Person or by Proxie at Rome to answer to the Queens appeal upon which Sir Edward Karne was sent to Rome with a new Character of Excusatour His Instructions were to take the best Counsel for pleading an Excuse of the Kings appearance at Rome First upon the grounds that might be found in the Canon Law and these not being sufficient he was to Insist on the Prerogatives of the Crown of England Doctor Bonner went with him who had expressed much zeal in the Kings cause though his great zeal was for Preferment which by the most servile ways he always Courted He was a forward bold man and since there were many Threatnings to be used to the Pope and Cardinals he was thought fittest for the employment but was neither Learned nor discreet They came to Rome in March where they found great heats in the Consistory about the Kings business The Imperialists pressed the Pope to proceed but all the wise and indifferent Cardinals were of another mind And when they understood what an Act was passed about Annates they saw clearly that the Parliament was resolved to adhere to the King in every thing he intended to do against their Interests The Pope expostulated with the Ambassadors about it but they told him the Act was still in the Kings Power and except he provoked him he did not intend to put it in execution The Ambassadors finding the Cardinal of Ravenna of so great reputation both for Learning and Vertue that in all matters of that kind his opinion was heard as an Oracle and gave Law to the whole Consistory they resolved to gain him by all means possible And Doctor Bennet made a secret address to him and offered him what Bishoprick either in France or England he would desire if he would bring the Kings matter to a good issue He was at first very shie at length he said he had been oft deceived by many Princes who had made him great Promises but when their business was ended never thought of performing them therefore he would be sure and so drave a Bargain and got under Doctor Bennets hand a promise of which a Copy being sent to the King written by Bennet himself will be found at the end of this Volume Bearing that he having Powers from the King for that effect dated the 29th of December last did promise the Cardinal for his help in the Kings affair Monasteries or other Benefices in France to the value of 6000 Ducates a year and the first Bishoprick that fell vacant in England and if it were not Ely that when ever that See was vacant upon his resigning the other he should be provided with the Bishoprick of Ely dated at Rome the 7th of February 1532. This I set down as one of the most Considerable Arguments that could be used to satisfie the Cardinals Conscience about the justice of the Kings cause This Cardinal was the fittest to work secretly for the King for he had appeared visible against him I find also by other Letters that both the Cardinals of Anâ—ona and Monte afterwards Pope Iulius the 3d were prevailed with by arguments of the same nature though I cannot find cut what the Bargains were Providellus that was accounted the greatest Canonist in Italy was brought from Bononia and entertained by the Ambassadors to give Counsel in the Kings cause and to plead his Excuse from appearing at Rome The plea was summed up in 28 Articles which were offered to the Pope and he admitted them to be examined in the Consistory appointing three of them to be opened at a Session But the Imperialists opposed that and after fifteen of them had been heard procured a new order that they should be heard in a Congregation of Cardinals before the Pope pretending that a Consistory sitting but once a week and having a great deal of other Business it would be long before the matter could be brought to any issue So Karne was served with a new order to appear in the Congregation the 3d. of April with this Certification That if he appeared not they would proceed Upon which he protested that he would adhere to the former Order yet being warned the second time he went first and protested against it which he got entered in the Datary This being considered in the Congregation they renewed the Order ofhearing it in the Consistory on the 10th of April and then Providellus opened three Conclusions Two of them related to Karne's Powers the third was concerning the Safety of the place to both parties But the Imperialists and the Queens Council being dissatisfied with this Order would not appear Upon which Karne complained of their Contumacy and said By that it was visible they were distrustful of their Cause On the 14th of April a new intimation was made to Karne to appear on the 17th with his Advocates to open all the rest of the Conclusions but he according to the first Order would onely plead
Clergy swore to the King and the Pope were read in the House of Commons but the Consequence of them will be better understood by setting them down The Oath to the Pope I Iohn Bishop or Abbot of A from this hour forward shall be faithful and obedient to S. Peter and to the holy Church of Rome and to my Lord the Pope and his Successors canonically entering I shall not be of counsel nor consent that they shall lose either Life or Member or shall be taken or suffer any violence or any wrong by any means Their Counsel to me credited by them their Messengers or Letters I shall not willingly discover to any person The Papacy of Rome the Rules of the holy Fathers and the Regality of S. Peter I shall help and maintain and defend against all men The Legat of the See Apostolick going and coming I shall honourably entreat The Rights Honours Privileges Authorities of the Church of Rome and of the Pope and his Successors I shall cause to be conserved defended augmented and promoted I shall not be in Council Treaty or any act in the which any thing shall be imagined against him or the Church of Rome their Rights Seats Honours or Powers And if I know any such to be moved or compassed I shall resist it to my power and as soon as I can I shall advertise him or such as may give him knowledge The Rules of the holy Fathers the Decrees Ordinances Sentences Dispositions Reservations Provisions and Commandments Apostolick to my power I shall keep and cause to be kept of others Hereticks Schismaticks and Rebels to our Holy Father and his Successors I shall resist and persecute to my power I shall come to the Synod when I am called except I be letted by a Canonical Impediment The Thresholds of the Apostles I shall visit yearly personally or by my Deputy I shall not alienate or sell my Possessions without the Popes counsel So God help me and the Holy Evangelists The Oath to the King I Iohn Bishop of A utterly renounce and clearly forsake all such Clauses Words Sentences and Grants which I have or shall have hereafter of the Popes Holiness of and for the Bishoprick of A that in any wise hath been is or hereafter may be hurtful or prejudicial to your Highness your Heirs Successors Dignity Privilege or Estate Royal. And also I do swear that I shall be faithful and true and faith and truth I shall bear to you my Sovereign Lord and to your Heirs Kings of the same of Life and Limb and yearly Worship above all Creatures for to live and die with you and yours against all people And diligently I shall be attendant to all your needs and business after my wit and power and your Counsel I shall keep and hold knowledging my self to hold my Bishoprick of you onely beseeching you of Restitution of the Temporalties of the same promising as before that I shall be a faithful true and obedient Subject to your said Highness Heirs and Successors during my Life and the Services and other things due to your Highness for the Restitution of the Temporalties of the same Bishopriâ—k I shall truly do and obediently perform So God me help and all Saints The Contradiction that was in these was so visible that it had soon produced a severe Censure from the House if the Plague had not hindered both that and the Bill of Subsidy So on the 14th of May the Parliament was prorogued Two days after Sir Thomas More Lord Chancellour having oft desired leave to deliver up the Great Seal and be discharged of his Office obtained it and Sir Thomas Audley was made Lord Chancellour More had carried that Dignity with great temper and lost it with much joy He saw now how far the Kings Designs went and though he was for cutting off all the Illegal Jurisdiction which the Popes exercised in England and therefore went cheerfully along with the Sute of Praemunire yet when he saw a tâ—tal Rupture like to follow he excused himself and retired from Business with a Greatness of Mind that was equal to what the ancient Philosophers pretended in such cases He also disliked Anne Boleyne and was prosecuted by her Father who studied to fasten some Criminal Imputations on him about the discharge of his Imployment but his Integrity had been such that nothing could be found to blemish his Reputation In September following the King created Anne Boleyne Marchioness of Pembroke to bring her by degrees up to the Heighth for which he had designed her And in October he passed the Seas and had an Enterview with the French King where all the most obliging Complements that were possible passed on both sides with great Magnificence and a firm Union was concerted about all their Affairs They published a League that they made to raise a mighty Army next year against the Turk but this was not much considered it being generally believed that the French King and the Turk were in a good Correspondence As for the matter of the Kings Divorce Francis encouraged him to go on in it and in his intended Marriage with Anne Boleyne promising if it were questioned to assist him in it And as for his appearance at Rome as it was certain he could not go thither in Person so it was not fit to trust the secrets of his Conscience to a Proxie The French King seemed also resolved to stop the payments of Annates and other Exactions of the Court of Rome and said he would send an Ambassador to the Pope to ask Redress of these and to protest that if it were not granted they would seek other remedies by Provincial Councils And since there was an interview designed between the Pope and the Emperor at Bononia in December the French King was to send two Cardinalsthither to procure Judges for ending the business in England There was also an interview proposed between the Pope and the French King at Nice or Avignon To this the King of England had some Inclinations to go for ending all differences if the Pope were well disposed to it Upon this Sir Thomas Eliot was sent to Rome with answer to a message the Pope had sent to the King from whose Instructions both the substance of the message and of the answer may be gathered The Pope had offered to the King that if he would name any indifferent place out of his own Kingdom he would send a Legate and two Auditors of the Rota thither to form the Process reserving only the Sentence to himself The Pope also proposed a Truce of three or four years and promised that in that time he would call a general Council For this message the King sent the Pope thanks but for the Peace he could receive no propositions about it without the concurrence of the French King and though he did not doubt the justice of a general Council yet considering the state of the Emperor's Affairs at that time
with the Lutherans he did not think it was then seasonable to call one That as for sending a Proxy to Rome if he were a private Person he could do it but it was a part of the Prerogative of his Crown and of the Priviledges of his Subjects That all Matrimonial Causes should be originally judged within his Kingdom by the English Church which was consonant to the general Councils and Customs of the ancient Church whereunto he hoped the Pope would have regard And that for keeping up his Royal Authority to which he was bound by Oath he could not without the consent of the Realm submit himself to a Forreign Jurisdiction hoping the Pope would not desire any violation of the Immunities of the Realm or to bring these into publick Contention which had been hitherto enjoyed without intrusion or molestation The Pope had confessed that without an urgent cause the Dispensation could not be granted This the King laid hold on and ordered his Ambassador to show him that there was no War nor appearance of any between England and Spain when it was granted To verifie that he sent an attested Copy of the Treaty between his Father and the Crown of Spain at that time By the words of which it appeared that it was then taken for granted that Prince Arthur had Consummated the Marriage which was also proved by good witnesses In fine since the thing did so much concern the Peace of the Realm it was fitter to judg it within the Kingdom than any where else therefore he desired the Pope would remit the discussing of it to the Church of England and then confirm the Sentence they should give To the obtaining of this the Ambassador was to use all possible diligence yet if he found real intentions in the Pope to satisfie the King he was not to insist on that as the Kings final Resolution And to let the Cardinal of Ravenna see that the King intended to make good what was promised in his name the Bishoprick of Coventry and Litchfield falling vacant he sent him the offer of it with a promise of the Bishoprick of Ely when it should be void Soon after this he Married Anne Boleyn on the 14th of November upon his landing in England but Stow says without any ground that it was on the 25th of Ianuary Rowland Lee who afterward got the Bishoprick of Coventry and Liechfield officiate in the Marriage It was done secretly in the presence of the Duke of Norfolk and her Father her Mother and Brother and Dr. Cranmer The grounds on which the King did this were That his former Marriage being of it self null there was no need of a Declarative Sentence after so many Universities and Doctors had given their judgments against it Soon after the Marriage she was with-Child which was looked on as a signalEvidence of her Chastity and that she had till then kept the King at a due distance But when the Pope and the Emperor met at Bononia the Pope expressed great Inclinations to favour the French King from which the Emperor could not remove him nor engage him to accept of a Match for his Neece Katherine de Medici with Francis Sforza Duke of Milan But the Pope promised him all that he desired as to the King of England and so that matter was still carried on Dr. Bennet made several propositions to end the matter either that it should be judged in England according to the Decree of the Council of Nice and that the Arch-Bishop of Canterbury with the whole Clergy of his Province should determine it or that the King should name one either Sir Thomas More or the Bishop of London the Queen should name another the French King should name a third and the Arch-Bishop of Canterbury to be the fourth or that the cause should be heard in England and if the Queen did Appeal it should be referred to three Delegates one of England another of France and a third to be sent from Rome who should sit and judge the Appeal in some indifferent place But the Pope would hearken to none of these Overtures since they were all directly contrary to that height of Authority which he resolved to maintain Therefore he ordered Capisucci the Dean of the Rota to cite the King to answer to the Queens Appeal Karne at Rome protested against the Citation since the Emperor's Power was so great about Rome that the King could not expect justice there and therefore desired they would desist otherwise the King would Appeal to the Learned men in Universities and said there was a nullity in all their proceedings since the King was a Soveraign Prince and the Church of England a free Church over which the Pope had no just Authority But while this depended at Rome another Session of Parliameot was held in England which began to sit on the 4th of February In this the Breach with Rome was much forwarded by the Act they passed against all Appeals to Rome The Preamble bears that the Crown of England was Imperial and that the Nation was a compleat Body within it self with a full Power to give justice in all cases Spiritual as well as Temporal and that in the Spiritualty as there had beed at all times so there were them men of that sufficiency and integrity that they might declare and determine all doubts within the Kingdom and that several Kings as Edward the 1st Edward the 3d Richard the 2d and Henry the 4th had by several Laws preserved the Liberties of the Realm both Spiritual and Temporal from the annoyance of the See of Rome and other forreign Potentates yet many inconveniences had arisen by Appeals to the See of Rome in Causes of Matrimony Divorces and other cases which were not sufficiently provided against by these Laws by which not only the King and his Subjects were put to great charges but justice was much delayed by Appeals and Rome being at such a distance Evidences could not be brought thither nor Witnesses so easily as within the Kingdom Therefore it was Enacted that all such Causes whether relating to the King or any of his Subjects were to be determined within the Kingdom in the several Courts to which they belonged notwithstanding any Appeals to Rome or Inhibitions and Bulls from Rome whose Sentences should take effect and be fully Executed by all Inferior Ministers and if any Spiritual Persons refused to Execute them because of Censures from Rome they were to suffer a years Imprisonment and fine and ransom at the Kings will and if any Persons in the Kings Dominions procured or executed any Process or Censures from Rome they were declared liable to the pains in the Statute of Provisors in the 16th of Rich. the 2d But that Appeals should only be from the Arch-Deacon or his Official to the Bishop of the Diocess or his Commissary and from him to the Arch-Bishop of the Province or the Dean of the Arches where the
and his Gospel so if she be proved culpable there is not one that loveth God and his Gospel that ever will favour her but must hate her above all other and the more they favour the Gospel the more they will hate her For then there was never creature in our time that so much slandered the Gospel And God hath sent her this punishment for that she feignedly hath professed his Gospel in her mouth and not in heart and deed And though she have offended so that she hath deserved never to be reconciled unto your Graces favour yet Almighty God hath manifoldly declared his goodness towards your Grace and never offended you But your Grace I am sure knowledgeth that you haue offended him Wherefore I trust that your Grace will bear no less entire favour unto the truth of the Gospel than you did before Forsomuch as your Graces favour to the Gospel was not led by affection unto her but by zeal unto the truth And thus I beseech Almighty God whose Gospel he hath ordained your Grace to be Defender of ever to preserve your Grace from all evil and give you at the end the promise of his Gospel From Lanbeth the 3d day of May. After I had written this Letter unto your Grace my Lord Chancellor my Lord of Oxford my Lord of Sussex and my Lord Chamberlain of your Graces House sent for me to come unto the Star-Chamber and there declared unto me such things as your Graces pleasure was they should make me privie unto For the which I am most bounden unto your Grace And what Communication we had together I doubt not but they will make the true report thereof unto your Grace I am exceedingly sorry that such faults can be proved by the Queen as I heard of their relation But I am and ever shall be Your faithful Subject Your Graces most humble Subject and Chaplain T. Cantuariensis But Jealousie and the Kings new affection had quite defaced all the remainders of esteem for his late beloved Queen Yet the Ministers continued practising to get further evidence for the Tryal which was not brought on till the 12th of May and then Norris Weston Brereton and Smeton were tryed by a Commission of Oyer and Terminer in Westminster-Hall They were twice indicted and the indictments were found by two Grand Juries in the Counties of Kent and Middlesex The Crimes with which they were charged being said to be done in both these Counties Mark Smeton confessed he had known the Queen Carnally Three times The other Three pleaded not Guilty but the Jury upon the evidence formerly mentioned found them all Guilty and Judgment was given that they should be drawn to the place of Execution and some of them to be hanged others to be beheaded and all to be quartered as Guilty of high Treason On the 15th of May the Queen and her Brother the Lord Rochford who was a Peer having been made a Viscount when his Father was Created Earl of Wiltshire were brought to be Tryed by their Peers The Duke of Norfolk being Lord high Steward for that occasion With him sate the Duke of Suffolk the Marquess of Exeter the Earl of Arundel and Twenty Five more Peers of whom their Father the Earl of Wiltshire was one Whether this unnatural complyance was imposed on him by the Imperious King or officiously submitted to by himself that he might thereby be preserved from the Ruin that fell on his Family is not known Here the Queen of England by an unheard-of president was brought to the Bar and Indicted of high Treason The Crimes charged on her were that she had procured her Brother and the other Four to lye with her which they had done often that she had said to them that the King never had her heart and had said to every one of them by themselves that she loved them better than any person whatsoever Which was to the slander of the issue that was begotten between the King and her And this was Treason according to the Statute made in the 26th year of this Reign so that the Law that was made for her and the issue of her Marriage is now made use of to destroy her It was also added in the Indictment that she and her complices had conspired the Kings death but this it seems was only put in to swell the charge for if there had been any evidence for it there was no need of stretching the other Statute or if they could have proved the violating of the Queen the known Statute of the Twenty Fifth year of the Reign of Edward the Third had been sufficient When the Indictment was read she held up her hand and Pleaded not Guilty and so did her Brother and did answer the evidence was brought against her discreetly One thing is remarkable that Mark Smeton who was the only person that confessed any thing was never confronted with the Queen nor was kept to be an evidence against her for he had received his Sentence Three dayes before and so could be no witness in Law but perhaps though he was wrought on to confess yet they did not think he had confidence enough to aver it to the Queens face therefore the evidence they brought as Spelman says was the Oath of a Woman that was dead yet this or rather the Terror of offending the King so wrought on the Lords that they found her and her Brother Guilty and Judgment was given that she should be Burnt or Beheaded at the Kings pleasure Upon which Spelman observes that whereas Burning is the death which the Law appoints for a Woman that is attainted of Treason yet since she had been Queen of England they left it to the King to determine whether she should dye so infamous a death or be Beheaded but the Judges complained of this way of proceeding and said such a disjunctive in a Judgment of Treason had never been seen The Lord Rochford was also Condemned to be Beheaded and Quartered Yet all this did not satisfie the enraged King but the Marriage between him and her must be annulled and the issue illegitimated The King remembred an Intrigue that had been between her and the Earl of Northumberland which was mentioned in the former Book and that the then Lord Piercy had said to the Cardinal ' That he had gone so far before witnesses that it lay upon his Conscience so that he could not go back this it 's like might be some promise he made to Marry her per verba de futuro which though it was no Precontract in it self yet it seems the poor Queen was either so ignorant or so ill-advised as to be perswaded afterwards it was one though it 's certain that nothing but a Contract per verba de praesenti could be of any force to annul the subsequent Marriage The King and his Council reflecting upon what it seems the Cardinal had told him resolved to try what could be made of it and pressed the Earl of
the North. Therefore he resolved first to quiet Lincolnshire And as he had raised a great force about London with which he was marching in person against them so he sent a new Proclamation Requiring them to return to their obedience with secret assurances of mercy By these means they were melted away Those who had been carryed in the Stream submitted to the Kings mercy and promised all obedience for the future Others that were obstinate and knew themselves unpardonable fled Northward and joyned themselves to the Rebels there Some of their other Leaders were apprehended in particular the Cobler and were Executed But for the Northern Rebellion as the parties concerned being at a greater distance from the Court had larger opportunities to gather themselves into a huge Body so the whole Contrivance of it was better laid One Ask Commanded in chief He was a Gentleman of an ordinary condition but understood well how to draw on and Govern a Multitude Their march was called the Pilgrimage of Grace And to inveigle the people some Priests marched before them with Crosses in their hands In their Banners they had a Crucifix with the Five wounds and a Chalice and every one wore on his sleeve as the badge of the Party an Emblem of the Five wounds of Christ with the name Iesus wrought in the midst All that joyned to them took an Oath That they entered into this Pilgrimage of Grace for the love of God the preservation of the Kings person and issue the purifying the Nobility and driving away all base born and ill Counsellors and for no particular profit of their own nor to do displeasure to any nor to kill any for envy but to take before them the Cross of Christ his Faith the Restitution of the Church and the Suppression of Hereticks and their opinions These were specious pretences and very apt to work upon a giddy and discontented multitude So people flocked about their Crosses and Standards in great numbers and they grew to be 40000 strong They went over the Countrey without any great opposition The Arch-Bishop of York and the Lord Darcy were in Pomfret Castle which they yielded to them and were made to swear their Covenant They were both suspected of being secret Promoters of the Rebellion the latter suffered for it but how the former excused himself I cannot give any account They also took York and Hull but though they summoned the Castle of Skipton yet the Earl of Cumberland who would not degenerate from his Noble Ancestors held it out against all their force and though many of the Gentlemen whom he had entertained at his own cost deserted him yet he made a brave resistance Scarborough Castle was also long besieged but there Sir Ralph Evers that Commanded it gave an un-exampled instance of his fidelity and courage for though his provisions fell short so that for twenty days he and his men had nothing but bread and water yet they stood out till they were relieved This Rising in Yorkshire encouraged those of Lancashire the Bishoprick of Duresm and Westmoreland to Arm. Against these the Earl of Shrewsbury that he might not fall short of the Gallantry and Loyalty of his renownd Ancestors made head though he had no Commission from the King But he knew his zeal and fidelity would easily procure him a pardon which he modestly asked for the service he had done The King sent him not only that but a Commission to command in chief all his forces in the North. To his Assistance he ordered the Earl of Derby to march and sent Courtney Marquess of Exeter and the Earls of Huntington and Rutland to joyn him He also ordered the Duke of Suffolk with the force that he had led into Lincolnshire to lye still there lest they being but newly quieted should break out again and fall upon his Armies behind when the Yorkshire men met them before On the 20th of October he sent the Duke of Norfolk with more forces to joyn the Earl of Shrewsbury But the Rebels were very numerous and desperate When the Duke of Norfolk understood their strength he saw great reason to proceed with much caution for if they had got the least advantage of the Kings Troops all the discontents in England would upon the report of that have broken out He saw their numbers were now such that the gaining some time was their ruin for such a great Body could not subsist long together without much provisions and that must be very hard for them to bring in So he set forward a Treaty It was both honourable for the King to offer mercy to his distracted Subjects and of great advantage to his affairs for as their numbers did every day lessen so the Kings forces were still encreasing He wrote to the King that considering the season of the year he thought the offering some fair conditions might perswade them to lay down their Arms and disperse themselves Yet when the Earl of Shrewsbury sent a Herald with a Proclamation ordering them to lay down their Arms and submit to the Kings mercy Ask received him sitting in State with the Arch-Bishop on the one hand and the Lord Darcy on the other but would not suffer any Proclamation to be made till he knew the Contents of it And when the Herauld told what they were he sent him away without suffering him to publish it And then the Priests used all their endeavours to engage the people to a firm resolution of not dispersing themselves till all matters about Religion were fully setled As they went forward they every-where repossessed the ejected Monks of their Houses and this encouraged the rest who had a great mind to be in their old Nests again They published also many stories among them of the growing burdens of the 〈◊〉 Government and made them believe that Impositions would be laid on every thing that was either bought or sold. But the King hearing how strong they were sent out a general Summons to all the Nobility to meet him at Northampton the 7th of November And the forces sent against the Rebels advanced to Doncaster to hinder them from coming further southward and took the Bridge which they fortified and laid their forces along the River to maintain that Pass The Writers of that time say that the day of Battel was agreed on but that the night before excessive Rains falling the River swelled so that it was unpassable next day and they could not force the Bridge Yet it is not likely the Earl of Shrewsbury having in all but 5000 men about him would agree to a pitched Battel with those who were Six times his number being then 30000. Therefore it is more likely that the Rebels only intended to pass the River the next day which the Rain that fell hindred But the Duke of Norfolk continued to press a Treaty which was hearkned to by the other side who were reduced to great straits for their Captain would not suffer
Abbeys All those Sir Edward Nevill only excepted pleaded Guilty and so they were condemned but Sir Geofrey Pole was the only person of the number that was not Executed for he had discovered the matter At the same time also Cardinal Pole Michael Throgmorton Gentleman Iohn Hilliard and Thomas Goldwell Clerks and William Pâ—â—to a Franciscan of the Observance were Attainted in Absence because they had cast off their duty to the King and had subjected themselves to the Bishop of Rome Pole being made Cardinal by him and for writing Treasonable Letters and sending them into England On the 4th of February following Sir Nicholas Carew that was both Master of the Horse and Knight of the Garter was Arraigned for being an adherent to the Marquess of Exeter and having spoke of his Attaindor as unjust and cruel he was also Attainted and Executed upon the 3d of March When he was brought to the Scaffold he openly acknowledged the errors and superstition in which he had formerly lived and blessed God for his Imprisonment for he then began to relish the Life and sweetness of Gods holy Word which was brought him by his Keeper one Phillips who followed the Reformation and had formerly suffered for it After these Executions followed the Parliament in the year 15â—9 in which not only these Attaindors that were already passed were confirmed but new ones of a strange and unheard-of nature were Enacted It is a blemish never to be washed off and which cannot be enough condemned and was a breach of the most sacred and unalterable Rules of Justice which is capable of no excuse it was the Attainting of some persons whom they held in custody without bringing them to a Tryal Concerning which I shall add what the great Lord Chief Justice Cook writes although I question not the Power of the Parliament for without question the Attaindor stands of force in Law yet this I say of the manner of proceeding Aâ—ferat Oblivio si potest si non utrumque silentium tegat For the more high and absolute the Jurisdiction of the Court is the more just and honourable it ought to be in the proceedings and to give Example of Justice to inferior Courts The chief of these were the Marchioness of Exeter and the Countess of Sarum The special matter charged on the former is her confederating her self to Sir Nicolas Carew in his Treasons to which is added that she had committed divers other abominable Treasons The latter is said to have confederated her self with her Son the Cardinal with other aggravating words It does not appear by the Journal that any Witnesses were examined only that day that the Bills were read the third time in the House of Lords Cromwell shewed them a Coat of white silk which the Lord Admiral had found among the Countess of Sarums Cloaths in which the Arms of England were wrought on the one side and the Standard that was carryed before the Rebels was on the other side This was brought as an evidence that she approved of the Rebellion Three Irish Priests were also Attainted for carrying Letters out of Ireland to the Pope and Cardinal Pole as also Sir Adrian Fortescue for endeavouring to raise Rebellion Thomas Dingley a Knight of St. Iohn of Ierusalem and Robert Granceter Merchant for going to several Forreign Princes and perswading them to make War upon the King and assist the Lords Darcy and Hussie in the Rebellion they had raised Two Gentlemen a Dominican Frier and a Yeoman were by the same Act Attainted for saying that that venemous Serpent the Bishop of Rome was Supream Head of the Church of England Another Gentleman two Priests and a Yeoman are Attainted for Treason in general no particular crime being specified Thus sixteen persons were in this manner Attainted and if there was any Examination of Witnesses for convicting them it was either in the Star-Chamber or before the Privy Council for there is no mention of any evidence that was brought in the Journals There was also much haste made in the passing this Bill it being brought in the 10th of May was read that day for the first and second time and the 11th of May for the third time The Commons kept it five days before they sent it back and added some more to those that were in the Bill at first but how many were named in the Bill Originally and how many were afterwards added cannot be known Fortescue and Dingley suffered the 10th of Iuly As for the Countess of Sarum the Lord Herbert saw in a Record that Bulls from the Pope were found in her House that she kept correspondence with her Son and that she forbade her Tenants to have the new Testament in English or any other of the Books that had been published by the Kings Authority She was then about seventy years of Age but shewed by the answers she made that she had a vigorous and masculine mind She was kept two years Prisoner in the Tower after the Act had passed the King by that reprieve designing to oblige her Son to a better behaviour but upon a fresh provocation by a new Rebellion in the North she was beheaded and in her the name and line of Plantagenet determined The Marchioness of Exceter died a natural death In November this year were the Abbots of Reading Glossenbury and Colechester Attainted of Treason of which mention was made formerly In the Parliament that sate in the year 1540 they went on to follow that strange precedent which they had made the former year By the 56th Act Giles Heron was Attainted of Treason no special matter being mentioned By the 57th Act Richard Fetherstoun Thomas Abell and Edward Pole Priests and William Horn a Yeoman were Attainted for denying the Kings Supremacy and adhering to the Bishop of Rome by the same Act the Wife of one Tirrell Esquire was Attainted for refusing her duty of Alleageance and denying Prince Edward to be Prince and heir of the Crown and one Laurence Cook of Doncaster was also Attainted for contriving the Kings death By the 58th Act Gregory Buttolph Adam Damplip and Edward Brindeholm Clerks and Clement Philpot Gentleman were Attainted for adhering to the Bishop of Rome for corresponding with Cardinal Pole and endeavouring to surprize the Town of Callais By the same Act Barnes Gerard and Ierome were Attainted of whose sufferings an account has been already given By the 59th Act William Bird a Priest and Chaplain to the Lord Hungerford was attainted for having said to one that was going to Assist the King against the Rebels in the North I am sorry thou goest seest thou not how the King plucketh down Images and Abbies every day and if the King go thither himself he will never come home again nor any of them all which go with him and in truth it were pity he should ever come home again and at another time upon ones saying O good Lord I ween all the World will be
in him did not only erect and advance the same Thomas unto the State of an Earl and enriched him with many-fold Gifts as well of Goods as of Lands and Offices but also him the said Thomas Cromwell Earl of Essex did erect and make one of your most trusty Counsellors as well concerning your Grace's Supream Jurisdictions Ecclesiastical as your most high secret Affairs Temporal Nevertheless your Majesty now of late hath found and tried by a large number of Witnesses being your faithful Subjects and Personages of great Honour Worship and Discretion the said Thomas Cromwell Earl of Essex contrary to the singular trust and confidence which your Majesty had in him to be the most false and corrupt Traitor Deceiver and Circumventor against your most Royal Person and the Imperial Crown of this your Realm that hath been known seen or heard of in all the time of your most noble Reign Insomuch that it is manifestly proved and declared by the Depositions of the Witnesses aforesaid That the same Thomas Cromwell Earl of Essex usurping upon your Kingly Estate Power Authority and Office without your Grace's Commandment or Assent hath taken upon him to set at liberty divers Persons being convicted and attainted of Misprision of High Treason and divers other being apprehended and in Prison for Suspection of High Treason and over that divers and many times at sundry places in this your Realm for manifold Sums of Mony to him given most traiterously hath taken upon him by several Writings to give and grant as well unto Aliens as to your Subjects a great number of Licenses for conveighing and carrying of Mony Corn Grain Beans Beer Leather Tallow Bells Mettals Horses and other Commodities of this your Realm contrary to your Highness's most Godly and Gracious Proclamations made for the Common-Wealth of your People of this your Realm in that behalf and in derogation of your Crown and Dignity And the same Thomas Cromwell elated and full of pride contrary to his most bounden Duty of his own Authority and Power not regarding your Majesty Royal And further taking upon him your Power Sovereign Lord in that behalf divers and many times most traiterously hath constituted deputed and assigned many singular Persons of your Subjects to be Commissioners in many your great urgent and weighty Causes and Affairs executed and done in this your Realm without the assent knowledg or consent of your Highness And further also being a Person of as poor and low degree as few be within this your Realm pretending to have so great a stroak about you our and his natural Sovereign Liege Lord that he letted not to say publickly and declare That he was sure of you which is detestable and to be abhorred amongst all good Subjects in any Christian Realm that any Subject should enterprize or take upon him so to speak of his Sovereign Liege Lord and King And also of his own Authority and Power without your Highness's consent hath made and granted as well to Strangers as to your own Subjects divers and many Pass-ports to pass over the Seas with Horses and great Sums of Mony without any search And over that most Gracious Soveraign Lord amongst divers other his Treasons Deceits and Falshoods the said Thomas Cromwell Earl of Essex being a detestable Heretick and being in himself utterly disposed to sett and sow common Sedition and Variance among your true and loving Subjects hath secretly set forth and dispersed into all Shires and other Territories of this your Realm and other your Dominions great numbers of false Erroneous Books whereof many were printed and made beyond the Seas and divers other within this Realm comprising and declaring amongst many other Evils and Errors manifest Matters to induce and lead your Subjects to diffidence and refusal of the true and sincere Faith and Belief which Christian Religion bindeth all Christian People to have in the most Holy and Blessed Sacrament of the Altar and other Articles of Christian Religion most graciously declared by your Majesty by Authority of Parliament And certain Matters comprised in some of the said Books hath caused to be translated into our maternal and English Tongue And upon report made unto him by the Translator thereof that the Matter so translated hath expresly been against the said most Blessed and Holy Sacrament Yet the same Thomas Cromwell Earl of Essex after he had read the same Translation most heretically hath affirmed the same material Heresie so translated to be good and further hath said that he found no fault therein and over that hath openly and obstinately holden Opinion and said That it was as lawful for every Christian Man to be a Minister of the said Sacrament as well as a Priest And where also your most Royal Majesty being a Prince of Vertue Learning and Justice of singular Confidence and Trust did constitute and make the same Thomas Cromwell Earl of Essex your Highness's Vicegerent within this your Realm of England and by the same gave unto him Authority and Power not only to redress and reform all and all manner of Errors and Erroneous Opinions insurging and growing among your loving and obedient Subjects of this your Realm and of the Dominions of the same but also to order and direct all Ecclesiastical and Spiritual Causes within your said Realm and Dominions the said Thomas Cromwell Earl of Essex not regarding his Duty to Almighty God and to your Highness under the Seal of your Vicegerent hath without your Grace's assent or knowledg licensed and authorized divers Persons detected and suspected of Heresies openly to teach and preach amongst your most loving and obedient Subjects within this your Realm of England And under the pretence and colour of the said great Authorities and Cures which your Majesty hath committed unto him in the Premisses hath not only of his corrupt and damnable Will and Mind actually at some time by his own Deed and Commandment and at many other times by his Letters expresly written to divers worshipful Persons being Sheriffs in sundry Shires of this your Realm falsly suggesting thereby your Grace's Pleasure so to have been caused to be set at large many false Hereticks some being there indicted and some other being thereof apprehended and in ward and commonly upon complaints made by credible Persons unto the said Thomas Cromwell Earl of Essex of great and most detestable Heresies committed and sprung in many places of this your Realm with declaration of the Specialities of the same Heresies and the Names of the Offenders therein the same Thomas Cromwel Earl of Essex by his crafty and subtil means and inventions hath not only defended the same Hereticks from Punishment and Reformation but being a fautor maintainer and supporter of Hereticks divers times hath terribly rebuked divers of the said credible Persons being their Accusers and some others of them hath persecuted and vexed by Imprisonment and otherwise So that thereby many of your Grace's true and loving Subjects have been in much
Mary the French Queen younger Daughter of Hen. 7. and of Charles Brandon Duke of Suffolk so as it is thought the Queen my Soveraign and all others by course of Inheritance be by these Circumstances excluded and fore-closed So as it does well become all Subjects such as I am so my liking is to speak of Princes of their Reigns and Proceedings modestly and with respect yet I cannot abstain to say that the Chronicles and Histories of that Age and your own printed Statutes being extant do contaminate and disgrace greatly the Reign of that King in that time But to come to our purpose what equity and justice was that to disinherit a Race of Forreign Princes of their possibility and maternal right by a municipal Law or Statute made in that which some would term abrupt time and say that that would rule the Roast yea and to exclude the right Heirs from their Title without calling them to answer or any for them well it may be said that â—he injury of the time and the indirect dealing is not to be allowed â—ut since it is done it cannot be avoided unless some Circumstances material do annihilate the said limitation and disposition of the Crown Now let us examine the manner and circumstances how King Hen. 8. was by Statute inabled to dispose the Crown There is a form in two sorts prescribed him which he may not transgress that is to say either by his Letters Patents sealed with his Great Seal or by his last Will signed with his hand for in this extraordinary case he was held to an ordinary and precise form which being not observed the Letters Patents or Will cannot work the intent or effect supposed And to disprove that the Will was signed with his own hand You know that long before his death he never used his own signing with his own hand and in the time of his Sickness being divers times pressed to put his hand to the Will written he refused to do it And it seemed God would not suffer him to proceed in an Act so injurious and prejudicial to the right Heir of the Crown being his Niece Then his death approaching some as well known to you as to me caused William Clarke sometimes Servant to Thomas Henneage to sign the supposed Will with a stamp for otherwise signed it was never and yet notwithstanding some respecting more the satisfaction of their ambition and others their private commodity than just and upright dealing procured divers honest Gentlemen attending in divers several Rooms about the King's Person to testifie with their hand-writings the Contents of the said pretended Will surmised to be signed with the King 's own hand To prove this dissembled and forged signed Testament I do refer you to such Trials as be yet left First The Attestation of the late Lord Paget published in the Parliament in Queen Mary's time for the restitution of the Duke of Norfolk Next I pray you on my Sovereigns behalf that the Depositions may be taken in this Matter of the Marquess of Winchester Lord Treasurer of England the Marquess of Northampton the Earl of Pembroke Sir William Petre then one of King Henry's Secretaries Sir Henry Nevill Sir Maurice Barkley Doctor Buts Edmond Harman Baker Iohn Osborn Groom of the Chamber Sir Anthony Dennis if he be living Terris the Chirurgion and such as have heard David Vincent and others speak in this case and that their Attestations may be enrolled in the Chancery and in the Arches In perpetuam rei memoriam Thirdly I do refer you to the Original Will surmised to be signed with the King 's own hand that thereby it may most clearly and evidently appear by some differences how the same was not signed with the King's hand but stamped as aforesaid And albeit it is used both as an Argument and Calumniation against my Sovereign to some that the said Original hath been embezelled in Queen Mary's time I trust God will and hath reserved the same to be an Instrument to relieve the Truth and to confound false Surmises that thereby the Right may take place notwithstanding the many Exemplifications and Transcripts which being sealed with the great Seal do run abroad in England and do carry away many Mens minds as great presumptions of great variety and validity But Sir you know in cases of less importance that the whole Realm of England Transcripts and Exemplifications be not of so great force in Law to serve for the recovery of any thing either real or personal And in as much as my Soveraign's Title in this case shall be little advanced by taking exceptions to others pretended and crased Titles considering her precedency I will leave it to such as are to claim after the issue of Hen. the 7 th to lay in Bar the Poligamy of Charles Brandon the Duke of Suffolk and also the vitiated and clandestine Contract if it may be so called having no witness nor solemnization of Christian Matrimony nor any lawful matching of the Earl of Hertford and the Lady Katharine Lastly The semblably compelling of Mr. Key and the Lady Mary Sister to the Lady Katherine And now Sir I have to answer your desire said somewhat briefly to the Matter which indeed is very little where so much may be said for to speak truly the Cause speaketh for it self I have so long forborn to deal in this matter that I have almost forgotten many things which may be said for Roboration of her Right which I can shortly reduce to my Remembrance being at Edinburgh where my Notes are So that if you be not by this satisfied upon knowledg from you of any other Objection I hope to satisfy you unto all things may be said against her In the mean time I pray you so counsel the Queen your Soveraign as some effectual reparation may follow without delay of the many and sundry traverses and dis-favorings committed against the Queen my Sovereign as the publishing of so many exemplifications of King Henry's supposed Will the secret embracing of Iohn Halles Books the Books printed and not avowed the last Summer one of the which my Mistris hath sent by Henry Killigrew to the Queen your Soveraign The Disputes and Proceedings of Lincolns-Inn where the Case was ruled against the Queen my Soveraign The Speeches of sundry in this last Session of Parliament tending all to my Soveraigns derision and nothing said to the contrary by any Man but the Matter shut up with silence most to her prejudice and by so much the more as every Man is gone home setled and confirmed in his Error And Lastly The Queen your Soveraign's resolution to defend now by Proclamations all Books and Writings containing any discussion of Titles when the whole Realm hath engendred by these fond proceedings and other favoured practisâ—s a setled opinion against my Soveraigns to the advancement of my Lady Katherines Title I might also speak of an other Book lately printed and set abroad in this last Session containing
some lesser Particulars yet in the main Business Whether Prince Arthur did know his Princess they did it a great prejudice for whereas the Bull bore that by the Queens Petition her former Marriage was perhaps consummated the Breve bears that in her Petition the Marriage was said to be consummated without any perhaps 15. He says The King having seen these second Letters both he and his Council resolved to move no more in it The Process was carried on almost a year before the Breve was heard of and the forgery of it soon appeared so they went on notwithstanding it 16. He says The Bishop of Tarby being come from France to conclude the Match for the Lady Mary was set on by the King and the Cardinal to move the exception to the lawfulness of the marriage There is no reason to believe this for that Bishop tho afterwards made a Cardinal never published this which both he ought to have done as a good Catholick and certainly would have done as a true Cardinal when he saw what followed upon it and perceived that he was trepanned to be the first mover of a thing which ended so fatally forthe Interests of Rome 17. He says The Bishop of Tarby in a Speech before the King in Council said That not he alone but almost all Learned Men thought the King's Marriage unlawful and null so that he was freed from the Bond of it and that it was against the Rules of the Gospel and that all Forreign Nations had ever spoken very freely of it lamenting that the King was drawn into it in his Youth It is not ordinary for Ambassadors to make Speeches in King's Counâ—cils But if this be true it agrees ill with what this Author delivers in his third Page That there was not a Man in the whole Church nor under Heaven that spoke against it otherwise the Bishop of Tarby was both an impudent and a foolish Man 18. He says Upon the Pope's Captivity Wolsey was sent over to France with 300000 Crowns to procure the Pope's liberty Hall Hollingshead and Stow say He carried over 240000 pounds Sterlin which is more than thrice that sum 19. He says Two Colleagues were sent in this Ambassy with the Cardinal His greatness was above that and none are mentioned in the Records 20. He says Orders followed him to Callais not to move any thing about the King's Marriage with the French King's Sister the King having then resolved to marry Ann Boleyn This agrees ill with what he said pag. 9. that a year before the King was resolved whom to marry 21. He says King Henry that he might have freer access to Sir Boleyn's Lady sent him to France where after he had stayed two years his Lady was with Child of Ann Boleyn by the King This Story was already confuted see pag. 41 42. And in it there are more than one or two lies 1. Sir Thomas Boleyn went not Ambassador to France till the 7 th year of the King's Reign And if two years after that Ann was born which was the 9 th of his Reign she must then have been but ten years old at this time 2. Tho he had sent him upon his first coming to the Crown this could not be true for two years after admit her to be born that is Anno 1511 then a year before this which was Anno 1526 she was fifteen years old in which Age Sanders says she was corrupted in her Father's House and sent over to France where she staid long But all this is false For 3. She was born two years before the King came to the Crown in the year 1507. and if her Father was sent to France two years before it was in the year 1505. 4. The King being then Prince was but fourteen years old for he was born the 28 th of Iune in the year 1491 in which Age there is no reason to think he was so forward as to be corrupting other Mens Wives for they will not allow his Brother when almost two years elder to have known his own Wife As for the other pieces of this Story that Sir Thomas Boleyn did sue his Lady in the Spiritual Court that upon the King 's sending him word that she was with Child by him he passed it over that the King had also known her Sister and that she had owned it to the Queen that at the fifteenth year of Ann's Age she had prostituted her self both to her Fathers Butler and Chaplain that then she was sent to France where she was at first for some time concealed then brought to Court where she was so notoriously lewd that she was called an Hackney that she afterwards was kept by the French King that when she came over into England Sir Thomas Wiat was admitted to base privacies with her and offered to the King and his Council that he himself should with his own Eyes see it And in fine that she was ugly mishaped and monstrous are such an heap of impudent Lyes that none but a Fool as well as a Knave would venture on such a recital And for all this he cites no other Authority but Rastal's Life of Sir Thomas More a Book that was seen by none but himself and he gives no other evidence that there was any such Book but his own Authority Nor is it likely that Rastal ever writ More 's Life since he did not set it out with his Works which he published in one Volume Anno 1556. It is true More 's Son in Law Roper writ his Life which is since printed but there is no such Story in it The whole is such a piece of lying as if he who forged it had resolved to out-do all who had ever gone before him for can it be so much as imagined that a King could pursue a design for seven years together of marrying a Woman of so scandalous a Life and so disagreeable a Person and that he who was always in the other extream of Jealousie did never try out these Reports and would not so much as see what Wiat informed Nor were these things published in the Libels that were printed at that time either in the Emperor's Court or at Rome All which shew that this was a desperate contrivance of Malicious Traitors against their Soveraign Queen Elizabeth to defame and disgrace her And this I take to be the true reason why none made any full answer to this Book all her time It was not thought for the Queen's honour to let such Stuff be so much considered as to merit an answer So that the 13 14 15 16 17 and 18 pages are one continued Lye 22. He says Sir Thomas Boleyn hearing the King intended to marry his supposed Daughter came over in all haste from France to put him in mind that she was his own Child and that the King bade him hold his peace for a Fool for an hundred had lien with his Wife as well as he but
Punishments and Fines and Imprisonment upon such as sold or kept such Books But Bibles that were not of Tindals Translation were still to be kept only the Annotations or Preambles that were in any of them were to be cut out or dashed and the Kings Proclamations and Injunctions with the Primmers and other Books Printed in English for the instruction of the people before the year 1540 were still to be in force and among these Chancers Books are by name mentioned No Books were to be Printed about Religion without the Kings Allowance In no Playes nor Enterludes they might make any Expositions of Scripture but only reproach Vice and set forth virtue in them None might read the Scripture in any open Assembly or expound it but he who was Licensed by the King or his Ordinary with a Proviso that the Chancellors in Parliament Judges Recorders or any others who were wont in publick occasions to make Speeches and commonly took a place of Scripture for their Text might still do as they had done formerly Every Noble-man or Gentle-man might cause the Bible to be read to him in or about his House quietly and without disturbance Every Merchant that was a Housholder might also read it But no Woman nor Artificers Apprentices Journeymen Serving-men under the degree of Yeomen nor no Husbandmen or Labourers might read it Yet every Noble Woman or Gentlewoman might read it for her self and so might all other persons but those who were excepted Every person might read and teach in their Houses the Book set out in the year 1540. with the Psalter Primmer Paternoster the Ave and the Creed in English All Spiritual persons who preached or taught contrary to the Doctrine set forth in that Book were to be admitted for the first conviction to renounce their errors for the second to abjure and carry a Faggot which if they refused to do or fell into a third offence they were to be burnt But the Laity for the third offence were only to forfeit their Goods and Chattels and be liable to perpetual Imprisonment But these offences were to be objected to them within a year after they were committed And whereas before the Party accused was not allowed to bring Witnesses for his own Purgation this was now granted him But to this a severe Proviso was added which seemed to overthrow all the former favour that the Act of the six Articles was still in the same force in which it was before the making of this Act. Yet that was moderated by the next Proviso That the King might at any time hereafter at his pleasure change this Act or any Provision in it This last Proviso was made stronger by another Act made for the due execution of Proclamations in pursuance of a former Act to the same effect of which mention was made in the 31st year of the Kings Reign By that former Act there was so great a number of Officers of State and of the Kings Houshold of Judges and other persons to sit on these Trials that those not being easily brought together the Act had never taken any effect Therefore it was now appointed that nine Counsellors should be a sufficient number for these Trials At the passing of that Act the Lord Montjoy protested against it which is the single Instance of a Protestation against any publick Bill through this Kings whole Reign The Act about Religion freed the Subjects from the fears under which they were before For now the Laity were delivered from the hazard of burning and the Spirituality were not in danger but upon the third Conviction They might also bring their own witnesses which was a great favour to them Yet that high power which was given the King of altering the Act or any parts of it made that they were not absolutely secured from their fears of which some instances afterwards appeared But as this Act was some mitigation of former severities so it brought the Reformers to depend wholly on the Kings Mercy for their Lives since he could now chain up or let loose the Act of the six Articles upon them at his pleasure Soon after the end of this Parliament a League was sworn between the King and the Emperour on Trinity Sunday Offensive and Defensive for England Calais and the places about it and for all Flanders with many other particulars to be found in the Treaty set down at large by the Lord Herbert There is no mention made of the Legitimation of the Lady Mary but it seems it was promised that she should be declared next in the Succession of the Crown to Prince Edward if the King had no other Children which was done in the next Parliament without any reflections on her Birth and the Emperor was content to accept of that there being no other terms to be obtained The Popish party who had set up their rest on bringing the King and Emperour to a League and putting the Lady Mary into the Succession no doubt prest the Emperor much to accept of this which we may reasonably believe was vigorously driven on by Bonner who was sent to Spain an Ambassador for concluding this Peace by which also the Emperor gained much for having engaged the Crowns of England and France in a War and drawn off the King of England from his League with the Princes of Germany he was now at more leisure to prosecute his designs in Germany But the negotiation in Scotland succeeded not to the Kings mind though at first there were very good appearances The Cardinal by forging a Will for the dead King got himself and some of his party to be put into the Government But the Earl of Arran Hamilton being the nearest in blood to the young Queen and being generally beloved for his Probity was invited to assume the Government which he managed with great moderation and an universal applause He summoned a Parliament which confirmed him in his Power during the Minority of the Queen The King sent Sir Ralph Sadler to him to agree the Marriage and to desire him to send the young Queen into England And if private ends wrought much on him Sadler was empowered to offer another Marriage of the Kings second Daughter the Lady Elizabeth to his Son The Earl of Arran was himself inclinable to Reformation and very much hated the Cardinal So he was easily brought to consent to a Treaty for the Match which was concluded in August By which the young Queen was to be bred in Scotland till she was ten years of age but the King might send a Nobleman and his Wife with other persons not exceeding 20 to wait on her And for performance of this six Noblemen were to be sent from Scotland for Hostages The Earl of Arran being then Governor kept the Cardinal under restraint till this Treaty was Concluded But he corrupting his Keepers made his escape and joyning with the Queen Mother they made a strong faction against the Governor all the Clergy joyned with the