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29. Proceedings against THOMAS WOLSEY, Cardinal and Archbishop of York, upon a Præmunire, and for other Offences: 20 Hen. VIII. A. D. 1529. [Lord Herb. in Kennett Comp. Hist. 123. 4 Co. Inst. 89. 1 Cobb. Parl. Hist. 490.] CARDINAL Wolsey Leing now divested of his late power (wherein he had the glory, in some sort, to have been superior to his king) and for the rest being left alone, and exposed not only to a general hatred, but to the private machinations of the present and future queen, became sensible of his ill estate; though yet he did not believe himself so near his overthrow, as it appeared afterwards. But what

The Bill against the Cardinal.

"had

indirect ways, than it could possibly be imagin- | chamber adjoining, vast quantity of other ed to proceed from her. Likewise mistress plate. All which the cardinal commanded sir Anne Bolen, having learned from some of the William Gascogne (his treasurer) to deliver to king's wisest and gravest counsellors divers the king, when he was required. malversations of the cardinal, was so far from disguising them, that she even misinterpreted In the mean while the Bill against the his better actions. Edmund Campion adds to these reasons, that sir Francis Bryan being in cardinal proceeded, the most substantial parts whereof being extracted out of the Original Rome, did by the means of a familiar of one who kept the Pope's papers, obtain a Letter of Record, I have thought fit to present to the the cardinal's, which wrought his ruin, in this reader. The ground upon which Christopher manner: Having first shewed her the cardinal's Hales, the king's Attorney, prosecuted the carhand-writing, and then corrupted her, this dinal, was a statute of 16 Richard 2, in which courtezan so dexterously performed the rest, is enacted, "That whereas the commons of the as upon pretence of visiting her servant in his realm ought of right, and were wont of old study, she conveyed away this letter, and gave time to sue in the king's court to recover their it Bryan, who failed not immediately to send it presentments to churches, prebends, and other to our king. Which relation of Campion, benefices of holy church, to which they had though I will not contradict, yet I suppose to right to present, and when judgment shall be be the more improbable, that I find by original given in the said court upon such a plea and dispatches, Bryan was come from Rome before presentment, the archbishops, bishops, and any argument of the king's disfavour to the other spiritual persons, which have institutions cardinal appeared. Howsoever, the way the of such benefices within their jurisdictions, be king took to overthrow him was merely legal, bound, and have made execution of such judgments by the king's commandments, of all the though approaching to Summum Jus, after most mens opinion. In the carriage whereof yet time aforesaid, without interruption, and also that secresy was used, that the cardinal did be bound of right to make execution of many not, or perchance out of greatness of mind, other the king's commandments: of which would not take notice of what was intended right the crown of England hath been peaceagainst him. So that though the Bill or In-ably seized, as well now, as in the time of all dictment was put in (at the beginning of Mi- his progenitors. And whereas the bishop of chaelmas term) yet did he ride that day to the Rome" (for so he is termed in the act) Of made divers processes and censures of excomChancery with his accustomed pomp. munication upon certain bishops in England, which our king being advertised, thought fit to forbid him the place; as thinking it undecent, because they have made execution of such that a man, who was upon terms of conviction, commandments, and also because he hath or should administer that high charge. Therefore dained and purposed to translate some prelates the dukes of Norfolk and Suffolk were sent, the of the realm, some out of the realm, and some 18th of October, to require the great seal of from one bishoprick to another within the said But the cardinal, instead of rendering realm, without the king's assent and knowledge, it, disputed their authority, alledging the place and without the assent of the prelates, which of lord chancellor, was by the king's letters so shall be translated; which prelates be much patents given him during life. [Qu. the vali- profitable and necessary to our lord the king, The and to all his realm; which translations if they dity of such a patent, see Co. 4. Inst.] two dukes hereupon returned to court, bring- should be suffered, the statutes of the realm should be defeated and made void, and his said ing the next day the king's letters to the cardinal, who having read them, delivered imme- liege sages of his council, without his assent, diately the great seal; in sequence thereof, and against his will, carried away and gotten out of his realm, and the substance and treasure also submitting himself to the king, who commanded him to leave York-Place, and simply of the realm shall be carried away, and so the realm destitute as well of counsel as of subto depart to Asher, a country-house near Hampton-Court, belonging to the bishop of stance, to the final destruction of the same Winchester. He charged his officers also to realm; and so the crown of England, which inventory and bring forth his goods. Where- hath been so free at all times, that it hath been upon much brave furniture made into hangings, in no earthly subjection, but immediately subbesides whole pieces of rich stuffs were set ject to God in all things touching the legality upon divers tables in his house; the variety of the same crown, and to none other, should and number whereof may be imagined, when be submitted to the pope; and the laws and (as Cavendish hath it) of fine Holland cloth statutes of the said realm, by him defeated and alone there were a thousand pieces. Besides, avoided at his will, in perpetual destruction of the sovereignty of the king our lord, his crown, the walls of his gallery on the one side, were hanged with rich suits of cloth of gold, cloth his regality, and of all his realm, &c. Thereof silver, cloth of tissue, and cloth of bodkin; fore the king, by the assent of his lords, and at on the other side was placed the most glorious the request of the commons, hath ordained and suit of copes that had been seen in England. established, that, if any purchase or pursue, or In a chamber near to the gallery was a great cause to be purchased or pursued, in the court of Rome, or elsewhere, any Translations, Procupboard of plate, of massy gold; and in a

him.

VOL. I.

2 B

The Cardinal is condemned iu the Star Chamber.

cesses, and Sentences of Excommunication, | chattels forfeit, and that his person might be Bulls, Instruments, or other things whatsoever, seized on." which touch the king, against him, his crown, and regality or realm, and they which bring within the realm, or them receive, or make thereof notification, or any other execution whatsoever within the same realm or without; that they, their notaries, procurators, maintainers, abettors, fautors and counsellors, shall be put out of the king's protection, and their lands and tenements, goods and chattels, forfeit to the king, and that they be attached by their bodies if they may be found, and brought before the king and his council, there to answer to the cases aforesaid, or that process be made against them by a writ of Præmunire facias, in manner as it is ordained in other Statutes of Provisors, and other, which do sue in any other court, in derogation of the regality of our lord the king."

Not contented herewith yet, another proof of the same kind was by the king's attorney produced against the Cardinal, namely, that contrary to the right of the true patron (being the master and fellows of the hospital of St. Lazarus in Burton-Lazar), he had, by the same authority, given away the parish-church of Galby in Leicestershire, and diocess of Lincoln (then vacant by the death of one Woodroff) to one John Allen, doctor of both laws, and placed him in it.—And thus fell the Cardinal, together with all his vast possessions, into the king's hands. But the king did not think it enough that he had particularly advantaged himself of the Cardinal's punishment, unless he made Upon which statute it was alledged, "That some use thereof to the general, so he called a Thomas, legatus de latere, cardinal, archbishop Council of the nobles, to sit in the Star-Chamof York, and primate of England, being not ber, who having sufficiently condemned him, he ignorant of the premises, had obtained certain afterwards remitted him to the Parliament, Bulls from Clement 7, by which he exercised which began November 3, 1529. Wherein the jurisdiction and authority legatine, to the de-king also did wisely, since by interesting the privation of the king's power established in his courts of justice; which said Bulls be caused to be publicly read in Westminster, (Aug. 28, 1523) assuming to himself thereupon the dig- | nity and jurisdiction of Legatus de Latere, which he hath exercised from the said 28th of Aug to this day, to the prejudice of the right of both secular and ecclesiastical persons, and that by colour thereof, he had given away the Church of Stoke-Guildford in the county of Surrey (being of right in the donation of the prior of St. Pancrase) to one James Gorton, who also enjoyed it accordingly. All which was to the contempt of the king and his crown, and contrary to the aforesaid statutes of 16 Rd. 2. Moreover that, by colour of the said authority, he had caused the last Wills and Testaments of many (out of his diocess) to be exhibited and proved in his court, and their goods and chattels to be administered by such "Constrained by necessity of our fidelity as he appointed. Also that, under colour of and conscience, complain and shew to your the said authority, he had made divers visita- royal majesty, we your graces humble, true, tions out of his diocess, and drawn divers Pen-faithful, and obedient subjects, That the lord sions from Abbeys, to the contempt of the king and his laws."

The proofs of which particulars, though evident and notorious, were not yet urged to his conviction, till, through the king's special permission (by writ of October 28.) John Scuse and Christopher Genney appeared in court as his Attorneys; where, for all other Answers, they protested in the said cardinal's name, that the said cardinal did not know the impetration of the said Bulls to have been to the contempt and prejudice of the king, or that it was against any Statute of Provisors heretofore made. As for the particulars wherewith he was charged by master Attorney, he confest them all true in the manner and form alledged: and so submited himself to the king. Whereupon the court gave Sentence, that he was out of the king's protection, and his lands, goods, and

publick in his condemnation, he both declined
the censure of those who thought the late Pro-
ceedings to have been of the severest, and en-
deared his people by putting the power of
punishing him into their hands. Therefore
they took it as an intire satisfaction for all they
had hitherto suffered; and by applauding of
the king, made him know how thankfully they
took this favour. And thus did the king return
to that former good opinion he had of his
subjects.

ARTICLES preferred against the Cardinal in
Parliament.

Hereupon, certain Articles against the Cardinal were preferred in parliament. The original whereof, found among our Records, I have thought fit to transcribe; and the rather for that our vulgar Chronicles misreport them.

Cardinal of York, lately your graces chancellor, presuming to take upon him the authority of the Popes Legat de latere, hath by divers and many sundry ways and fashions committed notable, high, and grievous Offences, misusing, altering, and subverting the order of your graces laws, and otherwise contrary to your high honour, prerogative, crown, estate, and dignity royal, to the inestimable damage of your graces subjects of every degree, and consequently to the great hindrance, diminution, and decay of the universal wealth of this your graces realm, as is it touched summarily and particularly in certain Articles here following; which be but a few in comparison of all his enormities, excesses, and transgressions committed against your graces laws. That is

progenitors within this your realm of England, the surety and wealth of this realm, the same being kings of England, have been so free, that lord cardinal knowing himself to have the foul they have had in all the world no other sove- and contagious disease of the great pox, broken reign, but immediate subject to Almighty God, out upon him in divers places of his body, in all things, touching the regality of your came daily to your grace, rowning in your ear, crown of England, and the same pre-eminence, and blowing upon your most noble grace with prerogative, jurisdiction, lawful and peaceable his perilous and infective breath, to the marvelpossession, your grace, and your noble proge- ous danger of your highness, if God of his innitors have had, used, and enjoyed without finite goodness had not better provided for your interruption, or business therefore, by the highness. And when he was once healed of space of 200 years and more; whereby your them, he made your grace to believe that his grace may prescribe against the Popes Holi- disease was an impostume in his head, and of ness, that he should not, nor ought to send, or none other thing.-7. Also, the said lord carmake any legat to execute any authority lega- dial, by his authority legatine, hath given, by tine, contrary to your graces prerogative within prevention, the Benefices of divers persons, as this your realm. Now the lord Cardinal of well spiritual as temporal; contrary to your York being your subject, and natural liege crown and dignity, and your laws and estatutes born, hath of his high, orgullous, and insati- therefore provided; by reason whereof he is in able mind, for his own singular advancement danger to your grace of forfeiture of lands and and profit, in derogation, and to the great im- goods, and his body at your pleasure.-8. Also, blemishment and hurt of your said royal juris- the said lord cardinal, taking upon him other diction, and prerogative, and the large conti- wise than a true counsellor ought to do, hath nuauce of the possession of the same, obtained used to have all ambassadors to come first to authority legatine, by reason whereof he hath him alone, and so hearing their charges and not only hurt your said prescription, but also intents it is to be thought he hath in-tructed by the said authority legatine bath spoiled and them after his pleasure and purpose, before taken away from many houses of religion in that they came to your presence; contrary to this your realan, much substance of their goods; your high commandment by your graces mouth and also hath usurped upon all your Ordinaries to him given, and also to other persons sent to within this your realm much part of their juris- him by your grace.-9. Also, the said lord Cardiction, in derogation of your prerogative, and dinal hath practised so, that all manner of Letto the great hurt of your said ordinaries, pre- ters sent from beyond the sea to your highness lates, and religious.-2. Also, the said lord have come first to his hands, contrary to your cardinal, being your ambassador in France, high commandment by your own month, and made a Treaty with the French king for the also by others sent to him by your grace; by Pope, your majesty not knowing any part there-reason where of your highness, nor any of your of, nor named in the same; and binding the said French king to abide his order and award, if any controversy or doubt should arise upon the same betwixt the said Pope and the French king.3. Also, the said lord cardinal, being your ambassador in France, sent a Commission to sir Gregory de Casalis, under your great seal, in your graces name, to conclude a Treaty of Amity with the duke of Ferrara, without any command or warrant of your highness, nor your said highness advertised or made privy to the same.-4. Also, the said lord cardinal, of his presumptuous mind in divers and many of his Letters and Instructions sent out of this realm to outward parties, had joined himself with your grace, as in saving and writing in his said Letters and Instructions; The king and I.' And, I would ye should do thus. The king and I give unto you our hearty thanks.' Whereby it is apparent that he used himself more like a fellow to your highness, than like a subject.-5. Also, where it hath ever been accustomed within this your realm, that when noblemen do swear their household servants, the first part of their oath hath been, That they should be true liegemen to the king and his heirs kings of England; the same lord cardinal caused bis servants to be only sworn to him, as if there had been no sovereign above him. 6. And also, whereas your grace is our sovereign lord and head, in whom standeth all

council had knowledge of no matters, but such as it pleased him to shew them; whereby your highness and your council have been compelled of very force to follow his devices, which oftentimes were set forth by him under such crafty and covert means, that your highness and your council have oftentimes been abused. Insomuch, that when your council have found, and put divers doubts and things which have afterwards ensued, he to abuse them used these words; I will lay my head that no such thing shall happen.-10. Also, the said lord cardinal hath practised that no manner of person, have ing charge to make espial of things done beyond the sea, should at their return come first to your grace, nor to any other of your council, but only to himself, and in case they did the contrary, he punished them for so doing.-11. Also, the said lord cardinal hath granted License under your great seal for carrying out of grain and other victual, after the restraint hath been made thereof, for his own lucre, and singular advantage of him and his servants, for to send thither as he bare secret favour, without your graces warrant or knowledge thereof.12. Also, the said lord cardinal used, many years together, not only to write unto all your ambassadors resident with other princes in his own name all advertisements concerning your graces affairs, being in their charge; and in the same his Letters wrote many things of his

own mind, without your graces pleasure being executors, to refuse to meddle.-18. Also, the known, concealing divers things which had been said lord cardinal constrained all ordinaries in necessary for them to know; But also caused England yearly to compound with him, or else them to write their Advertisements unto him: he will usurp half or the whole of their jurisand of the same Letters he used to conceal for diction by prevention, not for good order of the compassing of his purposes many things the diocess, but to extort treasure; for there both from all your other counsellors, and from is never a poor arch-deacon in England, but yourself also.-13. Also, where good hospitality that he paid yearly to him a portion of his hath been used to be kept in houses and places living.-19. Also, the said lord cardinal hath of Religion of this realm, and many poor people not only by his untrue suggestion to the Pope, thereby relieved, the said hospitality and relief shamefully slandered many good religious is now decayed and not used; and it is com- houses, and good virtuous men dwelling in monly reported that the occasion thereof is, them, but also suppressed by reason thereof because the said lord cardinal hath taken such above 30 houses of religion; and where, by impositions of the rulers of the said houses, as authority of his Bull, he should not suppress well for his favour in making of abbots, and any house that had more men of religion in priors, as for his visitation, by his authority number, above the number of 6 or 7, he hath legatine: and yet, nevertheless, taketh yearly suppressed divers houses that had above the of such religious houses, such yearly and con- number: and thereupon hath caused divers tinual charges, as they be not able to keep hos-offices to be found by verdict, untruly, that the pitality as they used to do; which is a great cause that there be so many vagabonds, beggars and thieves.-14. Also, where the said lord cardinal said, before the suppression of such Houses as he hath suppressed, that the possessions of them should be set to farm among your lay-subjects, after such reasonable yearly rent as they should well thereupon live, and keep good hospitality; and now the demain possessions of the said houses, since the suppression of them, hath been surveyed, mete, and measured by the acre, and be now set above the value of the old rent; and also such as were farmers by covent-seal, and copy-holders be put out, and moved of their farins, or else compelled to pay new fines, contrary to all equity and conscience.-15. Also, the said lord cardinal, sitting among the lords, and other of your most honourable council, used himself that if any man would shew his mind according to his duty, contrary to the opinion of the said cardinal, he would so take him up with his accustomable words, that they were better to hold their peace than to speak, so that he would hear no inan speak, but one or two great personages, so that he would have all the words himself, and consumed much time with a fair tale.-16. Also, the said lord cardinal by his ambition and pride, hath hindered and undone many of your poor subjects for want of dispatchment of matters; for he would no man should meddle but himself. Insomuch, that it hath been affirmed by many wise men, that ten of the most wise, and most expert men in England, were not sufficient in convenient time to order the matters that he would retain to himself: and many times he deferred the ending of matters, because that sutors should attend and wait upon him, where. of he had no small pleasure that his house might be replenished with sutors.-17. Also, the said lord cardinal, by his authority legatine, hath used, if any spiritual man having any riches or substance, deceased, he hath taken their goods as his own; by reason whereof their Wills be not performed: and one mean he had, to put them in fear that were made

religious persons, so suppressed, had voluntarily forsaken their said houses, which was untrue, and so hath caused open perjury to be committed, to the high displeasure of Almighty God.-20. Also, the said lord cardinal hath examined divers and many matters in the Chancery, after Judgment thereof given at the common law, in subversion of your laws; and made some persons restore again to the other party condemned, that they had in execution by virtue of the Judgment in the common law. -21. Also, the said lord cardinal hath granted many injunctions by writ, and the parties never called thereunto, nor bill put in against them. And, by reason thereof, divers of your subjects have been put from their lawful possession of their lands and tenements. means, he hath brought the more party of the And, by such sutors of this your realm before himself, whereby he and divers of his servants have gotten much riches, and your subjects suffered great wrongs.-22. Also, the said lord cardinal, to augment his great riches, hath caused divers pardons granted by the Pope to be suspended, which could not be revived till that the said lord cardinal were rewarded, and also have a yearly pension of the said pardon.-23. Also, the said lord cardinal, not regarding your laws nor justice, of his extort power, hath put out divers and many farmers of his lands, and also patents of the archbishoprick of York, and bishoprick of Winchester, and of the abby of St. Albans, which had good and sufficient grant thereof by your laws.-24. Also, the same lord cardinal at many times when any houses of religion have been void, he hath sent his officers thither, and with crafty persuasions hath induced them to compromit their election in him. And that, before ere he named or confirmed any of them, he and his servants received so much great goods of them, that in manner it hath been to the undoing of the house.-25. Also, by his authority legatine, the same lord cardinal hath visited the most part of the religious houses and colleges in this your realm, hath taken of them the twenty-fifth part of their livelihood, to the great extortion of your