Fox always complaining of the lord treasurer, for squandering away so soon that vast mass of treasure, left by the king's father, in which the other justified himself, that what he did was by the king's warrants which he could not disobey: but Fox objected that he was too easy to answer, if not to procure these warrants, and that he ought to have given the king better advice. In the king's first parliament, things went as he desired upon his Jan. 21,1510. delivering up Empson and Dudley, in which his preventing the severity of the houses, and proceeding against them at the common law, as it secured his ministers from an unwelcome precedent, so the whole honour of it fell on the king's justico. Cardinal sey, MSS. in His next parliament was in the third year of his reign, and there was considered the brief from pope Julius II. to the king, complaining of the indignities and injuries done to Feb. 4, 1512. the apostolic see and the pope by the French king, and entreating the king's assistance with such cajoling words as are always to be expected from popes on the like occasions. It was first read by the master of the rolls in the House of Lords, and then the lord chancellor (Warham archbishop of Canterbury) and the lord treasurer, with other lords, went down to the House of Commons and read it there. Upon this and other reasons they gave the king subsidies towards the war with France. At this time Fox, to strengthen his party against the lord treasurer, finding Thomas Wolsey to be a likely man to get into the king's favour, Wolscy's used all his endeavours to raise him, who was at that time neither unknown nor rising. inconsiderable, being lord almoner; he was at first made a privy councillor, and frequently admitted to the king's presence, and waited on him over to France. The king liked him well, which he so managed that he quickly engrossed the king's favour to himself, and for fifteen years together was the most absolute favourite that had ever been seen in England; all foreign treaties and places of trust at home were at his ordering; he did what he pleased, and his ascendant over the king was such, that there never appeared any party against him all that whilo. The great artifice by which he insinuated himself so much on Cavendish's the king, is set down very plainly by one that knew him well, in these words: Life of Wol- "In him the king conceived such a loving fancy, especially for that he was most Bibliotheca. carnest and readiest in all the counsel to advance the king's only will and Nob. D. G. pleasure, having no respect to the case; and whereas the ancient councillors Pierpoint. would, according to the office of good councillors, divers times persuade the king to have some time a recourse unto the council, there to hear what was done in weighty matters, the king was nothing at all pleased therewith; for he loved nothing worse than to be constrained to do anything contrary to his pleasure, and that knew the almoner very well, having secret insinuations of the king's intentions; and so fast as the others counselled the king to leave his pleasures, and to attend to his affairs, so busily did the almoner persuade him to the contrary, which delighted him much, and caused him to have the greater affection and love to the almoner." Having got into such power, he observed the king's inclinations exactly, and followed his interests closely for though he made other princes retain him with great presents and pensions, yet he never engaged the king into any alliance, but what was for his advantage. For affairs at home, after he was established in his greatness, he affected to govern without parliaments, there being from the seventh year of his reign, after which he got the great seal, but one parliament in the fourteenth and fifteenth year, and no more till the one-and-twentieth, when matters were turning about: but he raised great sums of money by loans and benevolences. And, indeed, if we look on him as a minister of state, he was a very extraordinary person; but as he was a churchman, he was the disgrace of his profession. He not only served the king in all his secret pleasures, but was lewd and vicious himself; so that his having the French pox (which in those days was a matter of no small infamy) was so public, that it was brought against him in parliament when he fell in disgrace: he was a man of most extravagant vanity, as appears by the great state he lived in; and to feed that, his ambition and covetousness were proportionable. He was first made bishop of Tournay when that town was taken from the French; then he was made bishop of Lincoln*, which was the first bishopric that fell void in Oct. 1513. this kingdom; after that, upon cardinal Bembridge's death, he parted with Lin coln, and was made archbishop of York; then Adrian, that was a cardinal and bishop * Rest. temp. 4 March, 5 Regui, 1 Part, Rot. Pat. † Novemb. 6 Regni, 1 Part, R. P. as a cause of common concern. All exclaimed against the cruelty of their clergy, that for a man's suing a clerk according to law, he should be long and hardly used in a severo imprisonment, and at last cruelly murdered; and all this laid on himself to defame him, and ruin his family. And then to burn that body which they had so handled, was thought such a complication of cruelties, as few barbarians had ever been guilty of. The bishop, finding that the inquest went on, and the whole matter was discovered, used all possible endeavours to stop their proceedings; and they were often brought before the king's council, where it was pretended that all proceeded from malice and heresy. The cardinal laboured to procure an order to forbid their going any further, but the thing was both so foul and so evident that it could not be done; and that opposition made it more generally believed. In the parliament there was a bill sent up to the lords by the commons for restoring Hunne's children, which was passed, and had the royal assent to it; but another bill being brought in about this murder, it occasioned great heats among them. The bishop of London said that Hunne had hanged himself, that the inquest were false perjured caitiffs, and if they proceeded further he could not keep his house for heretics ;-so that the bill which was sent up by the commons was but once read in the House April 3. of Lords, for the power of the clergy was great there. But the trial went on, and both the bishops, chancellor, and the summer were indicted as principals in the murder. The convocation that was then sitting, finding so great a stir made, and that all their liberties were now struck at, resolved to call doctor Standish to an account for what he had said and argued in that matter, so he being summoned before them, some articles were objected to him by word of mouth, concerning the judging of clerks in civil courts; and the day following they being put in writing, the bill was delivered to him, and a day assigned for him to make answer. The doctor perceiving their intention, and judging it would go hard with him if he were tried before them, went and claimed the king's protection from this trouble that he was now brought in, for discharging his duty as the king's spiritual counsel, But the clergy made their excuse to the king, that they were not to question him for any thing he had said as the king's counsel, but for some lectures he read at St. Paul's and elsewhere, contrary to the law of God and liberties of the holy church, which they were bound to maintain; and desired the king's assistance, according to his coronation oath, and as he would not incur the censures of the holy church. On the other hand the temporal lords and judges, with the concurrence of the House of Commons, addressed to the king, to maintain the temporal jurisdiction according to his coronation oath, and to protect Standish from the malice of his enemics. This put the king in great perplexity, for he had no mind to lose any part of his temporal jurisdiction, and on the other hand was no less apprehensive of the dangerous effects that might follow on a breach with the clergy. So he called for doctor Veysey, then dean of his chapel, and afterwards bishop of Exeter, and charged him upon his allegiance to declare the truth to him in that matter; which after some study he did, and said, upon his faith, conscience, and allegiance, he did think that the convening of clerks before the secular judge, which had been always practised in England, might well consist with the law of God and the true liberties of the holy church. This gave the king great satisfaction; so he commanded all the judges, and his council both spiritual and temporal, and some of both houses, to meet at Blackfriars, and to hear the matter argued. The bill against doctor Standish was read, which consisted of six articles that were objected to him. First, That he had said that the lower orders were not sacred. Secondly, That the exemption of clerks was not founded on a divine right. Thirdly, That the laity might coerce clerks when the prelates did not their duty. Fourthly, That no positive ecclesiastical law binds any but those who receive it. Fifthly, That the study of the canon-law was needless. Sixthly, That of the whole volume of the Decretum, so much as a man could hold in his fist, and no more, did oblige Christians. To these doctor Standish answered, that for those things expressed in the third, the fifth, and the sixth articles, he had never taught them; as for his asserting them at any time in discourse, as he did not remember it, so he did not much caro whether he had done it or not. To the first he said, lesser orders in one sense are sacred, For the second and fourth, he confessed he had taught and in another they are not sacred. - them, and was ready to justify them. It was objected by the clergy, that as by the law of God no man could judge his father, it being contrary to that commandment, Honour thy Father, so, churchmen being spiritual fathers, they could not be judged by the laity, who were their children. To which he answered, that as that only concluded in favour of priests, those in inferior orders not being fathers, so it was a mistake to say a judge might not sit upon his natural father, for the judge was by another relation above his natural father; and though the commandment is conceived in general words, yet there are some exceptions to be admitted, as though it be said, Thou shalt not kill,-yet in some cases we may lawfully kill; so in the case of justice a judge may lawfully sit on his father. But doctor Veysey's argument was that which took most with all that were present. He said, it was certain that the laws of the church did not bind any but those who received them. To prove this, he said, that in old times all secular priests were married, but in the days of St. Augustine, the apostle of England, there was a decree made to the contrary, which was received in England and in many other places, by virtue whereof the secular priests in England may not marry; but this law not being universally received, the Greek church never judged themselves bound by it, so that to this day the priests in that church have wives as well as other secular men. If then the churches of the East, not having received the law of the celibate of the clergy, have never been condemned by the church for not obeying it, then the convening clerks having been always practised in England, was no sin, notwithstanding the decree to the contrary, which was never received here. Nor is this to be compared to those privileges that concern only a privato man's interest; for the commonwealth of the whole realm was chiefly to be looked at, and to be preferred to all other things. When the matter was thus argued on both sides, all the judges delivered their opinions, in these words:"That all those of the convocation who did award the citation against Standish, were in the case of a premunire facias;” and added somewhat about the consti. tution of the parliament, which being foreign to my business, and contrary to a received opinion, I need not mention, but refer the reader to Keilway* for his information, if he desires to know more of it: and thus the court broke up. But soon after, all the lords spiritual and temporal, with many of the House of Commons, and all the judges and the king's council, were called before the king to Baynard's Castle; and in all their presence the cardinal kneeled down before the king, and in the name of the clergy said, “That none of them intended to do anything that might derogate from his prerogative, and least of all himself, who owed his advancement only to the king's favour. But this matter of convening of clerks, did seem to them all to be contrary to the laws of God, and the liberties of the church, which they were bound by their oaths to maintain according to their power.” Therefore in their name he humbly begged, “that the king, to avoid the censures of the church, would refer the matter to the decision of the pope and his council, at the court of Rome." To which the king answered, "It seems to us that doctor Standish, and others of our spiritual council, have answered you fully in all points." The bishop of Winchester replied, "Sir, I warrant you doctor Standish will not abide by his opinion at his peril." But the doctor said, "What should one poor friar do alone, against all the bishops and clergy of England?" After a short silence the archbishop of Canterbury said, "That in former times divers holy fathers of the church had opposed the execution of that law, and some of them suffered martyrdom in the quarrel." To whom Fineux, lord chief-justice, said "That many holy kings had maintained that law, and many holy fathers had given obedience to it, which it is not to be presumed they would have done, had they known it to be contrary to the law of God:" and he desired to know by what law bishops could judge clerks for felony, it being a thing only determined by the temporal law; so that either it was not at all to be tried, or it was only in the temporal court; so that either clerks must do as they please or be tried in the civil courts. To this no answer being made, the king said these words : "By the permission and ordinance of God we are king of England, and the kings of England in times past had never any superior but God only. Therefore know you well that we will maintain the right of our crown, and of our temporal jurisdiction, as well in this as in all other points, in as ample manner as any of our progenitors have done before our time. And, as for * See some notice of Keilway in the Appendix, No. 3., your decrces, we are well assured that you of the spirituality go expressly against the words of divers of them, as hath been shown you by some of our council; and you interpret your decrees at your pleasure, but we will not agree to them more than our progenitors have done in former times." But the archbishop of Canterbury made most humble instance, that the matter might be so long respited, till they could get a resolution from the court of Rome, which they should procure at their own charges; and if it did consist with the law of God, they should conform themselves to the law of the land. To this the king made no answer; but the warrants being out against doctor Horsey, the bishop of London's chancellor, he did abscond in the archbishop's house; though it was pretended he was a prisoner there, till afterwards a temper was found, that Horsey should render himself a prisoner in the King's Bench and be tried. But the bishop of London made earnest applications to the cardinal that he would move the king to command the attorney-general to confess the indictment was not true, that it might not be referred to a jury; since he said the citizens of London did so favour heresy, that, if he were as innocent as Abel, they would find any clerk guilty. The king, not willing to irritate the clergy too much, and judging he had maintained his prerogativo by bringing Horsoy to the bar, ordered the attorney to do so. And accordingly when Horsey was brought to the bar, and indicted of murder, ho pleaded not guilty; which the attorney acknowledging, he was dismissed, and went and lived at Exeter, and never again came back to London, either out of fear or shame. And for doctor Standish, upon the king's command, he was also dismissed out of the court of convocation. It does not appear that the pope thought fit to interpose in this matter. For though, upon less provocations, popes had proceeded to the highest censures against princes, yet this king was otherwise so necessary to the pope at this time, that he was not to be offended. The clergy suffered much in this business, besides the loss of their reputation with the people, who involved them all in the guilt of Hunne's murder; for now their exemption being well examined, was found to have no foundation at all but in their own decrees; and few were much convinced by that authority, since, upon the matter, it was but a judgment of their own, in their own favours: nor was the city of London at all satisfied with the proceedings in the King's Bench, since there was no justice done; and all thought the king seemed more careful to maintain his prerogative than to do justice. This I have related the more fully, because it seems to have had great influence on people's minds, and to have disposed them much to the changes that followed afterwards. How these things were entered in the books of convocation, cannot be now known. For among the other sad losses sustained in the late burning of London, this was one, that almost all the registers of the spiritual courts were burned, some few of the archbishops of Canterbury and bishops of London's registers being only preserved. But having compared Fox's account of this and some other matters, and finding it exactly according to the registers that are preserved, I shall the more confidently build on what he published from those records that are now lost. and was much courted by them. ■ Collect. This was the only thing in the first eighteen years of the king's reign that seemed to lessen The King the greatness of the clergy, but in all other matters he was a most faithful son obliged the of the see of Rome. Pope Julius, soon after his coming to the crown, sent him Popes highly, a golden rose, with a letter to archbishop Warham to deliver it", and though such presents might seem fitter for young children than for men of discretion, yet the king was much delighted with it: and to show his gratitude, there was a treaty concluded the year following between the king and Ferdinand of Arragon, for Numb. 2d. the defence of the papacy against the French king. And when in opposition Treaty Rolls to the council, that the French king and some other princes and cardinals had called, first to Pisa (which was afterwards translated to Milan, and then to Lyons, that summoned the pope to appear before them, and suspended his 19 Ap. 1512. authority), pope Julius called another council to be held in the Lateran; the king sent the bishop of Worcester, the prior of St. John's, and the abbot of Winchelcomb, to sit in that council, in which there was such a representative of the Catholic church as had been for several of the latter ages in the Western church in which a few bishops, packed out of several kingdoms, and many Italian bishops, with a vast number of abbots, priors, 3 Reg. |