САН Г.

XXX. 1530.

Wolfey's death.

"will mifs for want any part of his will, he will endanger the one half of his kingdom.

cr

“I DO assure you, that I have often kneeled "before him, fometimes three hours together, to perfuade him from his will and appetite; but "could not prevail: Had I but ferved God as "diligently as I have ferved the king, he would not have given me over in my grey hairs. But "this is the juft reward that I must receive for my indulgent pains and study, not regarding «c my fervice to God, but only to my prince. "Therefore, let me advise you, if you be one "of the privy-council, às by your wisdom you are fit, take care what you put into the king's "head: For you can never put it out again

54 "

THUS died this famous cardinal, whose character seems to have contained as fingular a variety, as the fortune to which he was expofed. The obftinacy and violence of the king's temper may alleviate much of the blame, which fome of his favorite's meafures have undergone; and when we confider, that the fubfequent part of Henry's reign was much more criminal than that which had been directed by Wolfey's counfels, we shall be inclined to fufpect thofe hiftorians of partiality, who have endeavoured to load the memory of this minifter with fuch violent reproaches. If, in foreign politics, he fometimes employed his influence over the king for his private purposes, rather than his mafter's fervice, which, he boafted,

he had folely at heart; we must remember, that си Aг. he had in view the papal throne; a dignity, which, had he attained it, would have enabled him to make Henry a fuitable return for all his favors. The cardinal of Amboife, whofe memory is respected in France, always made this apology for his own conduct, which was, in some respect, fimilar to Wolfey's; and we have reason to think, that Henry was well acquainted with the views by which his minister was influenced, and took a pride in promoting them. He much regretted his death, when informed of it; and always fpoke favorably of his memory: A proof, that humor more than reason, or any discovery of treachery, had occafioned the laft perfecutions againft him.

A NEW feffion of parliament was held, together with a convocation; and the king here gave ftrong proofs of his extenfive authority, as well as of his intention to turn it to the depreffion of the clergy. As an ancient ftatute, now almoft obfolete, had been employed to ruin Wolfey, and render his exercife of the legantine power criminal, notwithstanding the king's permiflion; the fame law was now turned against the ecclefiaftics. It was pretended, that every one, who had fubmitted to the legantine court, that is, the whole church, had violated the ftatute of provifors; and the attorney-general accordingly brought an indictment against them ". The convocation knew, that it would be in vain to oppofe reafon or

55 Antiq. Brit. Ecclef. p. 325. Burnet, vol. i. p. 106.

1531. 16 January A parlia

ment.

XXX. 1531.

CHA P. equity to the king's arbitrary will, or plead that their ruin would have been the certain confequence of not fubmitting to Wolfey's commiffion, which was procured by Henry's confent, and fupported by his authority. They chofe therefore to throw themfelves on the mercy of their fovereign; and they agreed to pay 118,840 pounds for a pardon ". A confeffion was likewife extorted from them, that the king was the protector and the fupreme head of the church and clergy of England; though fome of them had the dexterity to get a clause inserted, which invalidated the whole fubmiffion, and which ran in these terms, in fo far as is permitted by the law of Chrift.

THE Commons, finding that a pardon was granted the clergy, began to be apprehenfive for themselves, left either they should afterwards be brought into trouble on account of their fubmiffion to the legantine court, or a fupply, in like manner, be extorted from them, in return for their pardon. They therefore petitioned the king, to grant a remiffion to his lay fubjects; but they met with a repulfe. He told them, that if he ever chofe to forgive their offence, it would be from his own goodness, not from their application, left he should feem to be compelled to it. Some time after, when they despaired of obtaining this conceffion, he was pleased to iffue a pardon to the laity; and the commons expreffed great gratitude for that act of clemency".

,,

$7

Hoilingfhed, p. 923.

Hall's chronicle Hollingfhed, p. 923. Baker, p. 208.

XXX.

1532.

the reform

ation.

By this ftrict execution of the ftatute of pro- c HA P. visors, a great part of the profit, and ftill more of the power, of the court of Rome was cut off; and the connexions between the pope and the English clergy were, in fome meafure, diffolved. The next feffion found both king and parliament in the fame difpofitions. An act was paffed against 15 January. levying the annates or first fruits "; being a year's rent of all the bishoprics that fell vacant: a tax which was impofed by the court of Rome for Progrefs of granting bulls to the new prelates, and which was found to amount to confiderable fums. Since the fecond of Henry VII. no less than one hundred and fixty thousand pounds had been tranfmitted to Rome, on account of this claim; which the parliament, therefore, reduced to five per cent. on all the episcopal benefices. The better to keep the pope in awe, in awe, the king was intrufted with a power of regulating thefe payments, and of confirming or infringing this act at his pleasure: And it was voted, that any cenfures, which fhould be paffed by the court of Rome, on account of that law, fhould be entirely difregarded, and that mafs fhould be faid, and the facraments administered, as if no fuch cenfures had been iffued.

THIS feffion the commons preferred to the king a long complaint against the abufes and oppreffions of the ecclefiaftical courts; and they were proceeding to enact laws for remedying them,

58

Burnet, vol. i. Collect. N° 41. Strype, vol. i. p. 144.

1532.

CHAP. when a difference arose, which put an end to XXX. the feffion, before the parliament had finished all their bufinefs. It was become a custom for men to make fuch fettlements, or truft deeds, of their lands by will, that they defrauded, not only the king, but all other lords, of their wards, marriages, and reliefs; and by the fame artifice the king was deprived of his premier feizin, and the profits of the livery, which were no inconfiderable branches of his revenue. Henry made a bill be drawn to moderate, not remedy altogether, this abufe: He was contented, that every man fhould have the liberty of difpofing in this manner of the half of his land; and he told the parliament in plain terms, "If they would not take a reafon"able thing, when it was offered, he would "fearch out the extremity of the law; and then "would not offer them fo much again. The lords came willingly into his terms; but the commons rejected the bill: A fingular inftance, where Henry might fee, that his power and authority, though extenfive, had yet fome boundaries. The commons, however, found reafon to repent of their victory. The king made good his threats: He called together the judges and ableft lawyers, who argued the queftion in chancery; and it was decided, that a man could not by law bequeath any part of his lands, in prejudice of his heir ".

re April.

THE parliament being again affembled after a fhort prorogation, the king caufed the two oaths

39

Burnet, vol i. p. 116. Hall. Parliamentary hiftory.