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but at such time as I was in France; my lord | great master that now is, and my lord of Rochford being in commission with me. And whether I wrote any then, or not, as God help me, I do not remember; but and I wrote any thing, I am sure both their hands were at it; and the master of the horse privy to the same. I do remember that after the death of the bishop of Hereford, Fox, it was shewed me that the said bishop had left a letter, which I had sent him, amongst his writings, which being found by a servant of his, that is now with master Deny, who shewd the same to the bishop of Durham | that now is, he caused him to throw the same in fier. As I do remember, it was my said lord | bishop of Dureham that advised him to burn it; and as I also do remember, the matter that was conteyned therin, concerned lewde speaking of the Northern men after the time of the comotion against the said Cromwell. If there had been any thyng concering the king's majesty's affairs, neyther the bishope, nor he, were he now alyve, would not have concealed the same; and whether any part of that was in cypher, or not, as I shall answer to God, I do not remember. The effect of another question, there asked me, was, as near as I can call to my remembrance, whether anie man had talked with me, that and ther were a good peace made betwene the king's majestie the emperor and the French king, the bishope of Rome would brek the same againe by his dispensation: And whether I enclined that waies, or not, to that purpose? As God help me now, at my most nede, I cannot call to my remembrance, that ever I heard any man living speak like words. And as for mine inclinations, that the bishope of Rome should ever have aucthority to do such thing; if I had twentie lives, I would rather have spent them all against him, then ever he should have any power in this realme. For no man knoweth that better then I, by reding of stories, how his usurped power hath increased from time to time. Nor such time as the king's majestie hath found him his enemy, no living man hath, both in his harte and with his tounge, in this realme, in France, and also to many Scotish jantlemen, spoken more sore against his said usurped powre, then I have done, as I can prove by good witnes.Also my said lord and Mr. Secretary asked me, whether I was ever made privy to a letter, sent from my lord of Wynchester and sir Henry Knevet, of any overture made by Grandville to them, for a way to be taken between his majestie and the bishope of Rome; and that the said letters should have come to his majestie to Dover, I being there with him. Wherunto this is my true answer. I was never at Dover with his highnes since my lord of Richmond died, but at that time, of whose death word came to Syttyngborne: and as God be my helpe, I never heard of no such overture, save that I do well remember, at such time as sir Francis Biryan was sore sike, and like to have died, it was spoken in the councill, that my lord of Winchester should have said, he could devise a way, how the king's majestie might have all things

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upright with the said bishope of Rome, and his highnes honour saved. Suche were the words, or much like. Wherupon, as I had often said in the councill, one was sent to the said sir Francis, to know, if ever he heard the said bishope speake like words; which he denied: and as I do remember, it was sir Rauf Sadeler, that was sent to the said sir Francis. And to say that ever I heard of any such overture made by Grandville, or that ever I commoned with any man conserning any such mater, other then this of the bishope of Winchester, as God be my help, I never dyd; nor unto more thenne this, I was never prevye.Now, my good lords, having made answer according to the truth of such questions as hath been asked me, most humblie I beseeche you all to be mediators for me to his most excellent majestie, to cause such as have accused me (if it might be with his high pleasure) to come before his majestie, to lay to my charge afore me, face to face, what they can say against me and I am in no dout, so to declare my selfe, that it shall appere I am falsly accused. And if his pleasure shall not be, to take the paine in his royall person, then to give you commandment to do the same. My lords, I trust ye think Cromwell's service and mine hath not be like; and yet my desire is, to have no more favour shew'de to me, than was shew'de to him, I being present. He was a fals man; and sewerly I am a trewe poore jantleman.---My lords, I think surelie there is some fals man, that have laid some great cause to my charge, or else I had not be sent hither. And therefore, eftsonyts most humblie I beseeche to finde the names, if they and I may not be brought face to face, yet let me be made privy what the causes are; and if I do not answer truely to every point, let me not live one howre after. For sewerlie I would hide nothing of any questions that I shall know, that doth concern my self, nor any other creature. My lords, there was never gold tried better by fier and watter then I have been, nor bath had greater enemys about my soveraign lord, then I have had; and yet (God be thanked) my trouth hath ever tried me, as I dout not it shall do in theis causes. Suerly, if I knew any thought I had offended his majestie in, I would suerly have declared it to his person.-Upon the Tuysdaye in Whitsonweck last past, I broke unto his majestie, moste humbley beseeching him to helpe, that a mariage might be had between my daughter and sir Thomas Semour; and wheras my son of Surey hath a son and divers daughters; that, with his favour, a crosse mariage might have been made between my lord great chamberline and them: and also wher my son Thomas hath a son, that shall (be his mother) spend a thousand marks a yere, that he might be in like wise maried to one of my said lord's daughters. I report me to your lordships, whether myn intent was honest in this motion, or not. And whereas I bave written, that my truth hath been severely tried, and that I have

had great enemies. First, The cardinall did conies to me at Asser, that he had gone about fourteen years to have destroyed me; saying, he did the same by the setting upon of my lord of Suffolk, the marquis of Exeter, and and my lord Sands; who said often to him, that if he found not the means to put me out of the way, at length I should seuerly undo him.-Cromwell, at such tyme as the marquis of Exeter suffred, examined his wife more streitly of me, then of all other men in the realme, as she sent me word by her brother, the lord Montjoy. He hath said to me himself many times, my lord, ye are an happy man, that your wife knoweth no hurt by you; for if she did, she would undo you. The duke of Buckingham confessed openly at the bar, (my father sitting as his judge) that of all men living he hated me most, thinking I was the man that had hurt him most to the king's majestie: which now, quoth he, I perceive the contrary.-Rice, who had maried my sister, coufessed, that, of all men living, he hated me most; and wished many times, how he might find the meanes to thrust his dagger in me.--What malice both my neecys, that it pleased the king's highnes to marie, did bere unto me, is not unknown to such ladies as kept them in this sute; as my lady Herberd, my lady Tirwit, my lady Kynston, and others, which heard what they said

of me. Who tried out the falshod of the lord Darcy, sir Robert Constable, sir John Bulmer, Aske, and many others, for which they suffered for? but only I. Who shewed his majestie of the words of my mother-in-law, for which she was attainted of misprision? but only I. In all times past unto this time, I have shewed my self a most trewe man to my soveraign lord. And since these things done in tymes past, I have received more protfight of his highnes, then ever I did afore. Alas! who can think that I, having been so long a trew man, should now be false to his majestie? I have received more profight then I have deserved: and a poore man, as I am, yet I am his own near kinsman. For whose sake should I be an untrewe man to them? Alas, alas, my lords, that ever it should be thought any ontruthe to be in me.-Fynally my good lords eftsonys most humble I beseech you to shew this scrible letter to his majestie, and all joyntle to beseech bis highnes to grante me the peticions that are conteyned in the same, and most especyall to remyt out of his most noble gentle hart such displeasure as he hath conceyved against me : and I shall dewryng my lyff pray for the continuence of his most royall estate long to endure: By his highnes poor prisoner, T. NORFOLK."

39. Proceedings against Various Persons in the Reign of Hen. VIII. for Treason, in denying the King's Supremacy; and other capital Crimes, principally relating to Religion. [1 Burn. Reformat. 351.]

["Bishop Burnet closes the first volume of his History of the Reformation with a summary account of various Trials and Attainders, in

very nice touches to discriminate them in the colouring." Hargrave.]

the reign of Hen. 8. in order to exhibit at IN the latter part of his reign, there were one view the severities practised by that many things that seem great severities, espeprince against the popish party; we therefore cially as they are represented by the writers of flatter ourselves, that our insertion of this the Roman party; whose relations are not a part of the Bishop's work will not be deemed little strengthened by the faint excuses, and foreign to the present undertaking. It is the mistaken accounts, that most of the protesobservable, that, though by the Bishop's own tant historians have made. The king was naacknowledgment, the king's severity to the turally impetuous, and could not bear provocaPopish party furnishes great ground for just tion; the times were very ticklish; his subjects censure; and though he states many in- were generally addicted to the old superstition, stances of violating the first principles of especially in the northern parts; the monks justice and humanity; yet he denies, that and friers were both numerous and wealthy; there is any thing to justify all the clamours the Pope was his implacable enemy; the emof the Roman Catholics against his memory, peror was a formidable prince, and being then insisting too, that bis cruelties were far short master of all the Netherlands, had many adboth in number and degree of those in queen vantages for the war he designed against EngMary's reign. But really this is writing too land. Cardinal Pole, his kinsman, was going tenderly of Henry; for there is not only over all the courts of Christendom, to perswade grievous, but almost equal cause to detest a league against England; as being a thing of the memories of both him and Mary, the greater necessity and merit than a war against barbaritics exercised in the reign of each the Turk. This being, without the least aggrabeing too numerous to leave room for moch vation, the state of affairs at that time, it must distinction between them. When two be confessed he was sore put to it. A superprinces both with characters of so dark a stition that was so blind and headstrong, and complection are to be delineated, it calls for enemies that were both so powerful, so spite

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ful, and so industrious, made rigour necessary: nor is any general of an army more concerned to deal severely with spies and intelligencers, than he was to proceed against all the popes adherents, or such as kept a correspondence with Pole. He had observed in history, that upon much less provocation than himself had given, not only several emperors and forreign princes had been dispossessed of their dominions; but two of his own ancestors, Henry the 2d and king John, had been driven to great extremities, and forced to unusual and most indecent submissions by the means of the popes and their clergy.-The Pope's power over the clergy was so absolute, and their dependence and obedience to him was so implicite; and the popish clergy had so great an interest in the superstitious multitude, whose consciences they governed, that nothing but a stronger passion could either tame the clergy, or quiet the people. If there had been the least hope of impunity, the last part of his reign would have been one continued rebellion; therefore to prevent a more profuse effusion of blood, it seemed necessary to execute laws severely in some particular instances.-There is one calumny that runs in a thread through all the Historians of the Popish side, which not a few of our own have ignorantly taken up; that many were put to death for not swearing the king's supremacy. It is an impudent falshood; for not so much as one person suffered ou that account; nor was there any law for any such oath before the parliament in the 28th year of the king's reign, when the unsufferable Bull of Pope Paul the 3rd, engaged him to look a little more to his own safety. Then indeed in the Oath for maintaining the Succession of the crown, the subjects were required, under the pains of Treason, to swear that the king was Supream Head of the Church of England; but that was not mentioned in the former Oath, that was made in the 25th, and enacted in the 26th year of his reign. It cannot but be confessed, that to enact under paine of death that none should deny the king's titles, and to procecd upon that against offenders, is a very different thing from forcing them to swear the king to be the supream head of the church. (a)

(a)" This sounds more like an apology, than just reasoning. Enforcing the Oath of Supremacy by the penalty of Treason, was resorting to the highest punishment known to our law. Wherein, too, consisted the material difference, in point of rigor, between treason for not swearing to the king's supremacy, and treason for denying it? Was it not equally the object of the statutes creating both crimes, to compel an acknowledgment of the king's supremacy by the same extremity of punishment? Can there be any reason to suppose, that those who were concerned in the deaths of bishop Fisher and sir Thomas More for denying the Supremacy, if it had been requisite, would have been so scrupulous as to hesitate about construing the refusal of the oath a denial? When it is ob

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The first instance of these capital proceedings was in Easter-Term, in the beginning of the 27th year of his reign. Three priors, and a monk, of the Carthusran order, were then endited of Treason, for saying, That the king was not Supreme Head under Christ of the Church of England.' These were John Houghton, prior of the Charter-House uear London, Augustin Webster, prior of Axholme, Robert Laurence, prior of Bevall, and Richard Reynolds, a monk of Sion. This last was esteemed a learned man, for that time, and that order. They were tried in Westminster-hall by a commission of Oyer and Terminer: they pleaded Not Guilty, but the jury found them Guilty, and Judgment was given that they should suffer as Traitors. The Record mentions no other particulars; but the writers of the popish side make a splendid recital of the courage and constancy they expressed both in their Tryal, and at their death. It was no difficult thing for men so used to the legend, and the making of fine stories for saints and martyrs of their orders, to dress up their narratives with much pomp. But as their pleading Not Guilty to the Endictment, shews no extraordinary resolution, so the account that is given by them of one Hall, a secular priest that died with them, is so false, that there is good reason to suspect all. He is said to have suffered on the same account; but the Record of his Attainder gives a very different relation of it.

He and Robert Feron were indicted at the same time for having said many spiteful and treasonable things; as, that the king was a tyrant, an heretic, a robber, and an adulterer; that they hoped he should die such a death as king John and Richard the 3rd died; that they looked when those in Ireland and Wales should invade England: and they were assured that three parts of four in England would be against the king: they also said that they should never live merrily till the king and the rulers were plucked by the pates, and brought to the pot, jected to Henry as a cruelty, that many were put to death for not swearing to his Supremacy, without doubt every deuial of it, whether inpliedly by refusing the oath, or expressly-by words, was meant: Therefore it is foreign to the spirit of the remark to say, that they were thus punished for denying the Supremacy, not for refusing to swear to it. So verbal an answer to the animadversion of Henry's enemies would scarce have escaped the learned bishop, if he had not been insensibly influenced by a fear, lest the justice and propriety of the Refor mation should be prejudiced by the cruelty of Henry's measures in its commencement. But the cause of truth is never finally helped by an ill-founded argument. The Reformation rests on a better foundation than the humanity of Henry's actions; nor is there any necessary connection between the one and the other, bad and cruel princes being frequently the casual instruments of great good to society." grave.

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and that it would never be well with the Church till that was done.' Hall had not only said this, but had also written it to Feron the 10th of March that year. When they were brought to the har, they at first pleaded Not Guilty; but full proof being brought, they themselves confessed the Enditement, before the jury went aside, and put themselves on the king's mercy; upon which, this being an imagining and contriving both war against the king, and the king's death, Judgment was given as in cases of Treason: but no mention being made of Feron's death, it seems he had his pardon. Hall suffered with the four Carthusians, who were hanged in their habits.

They proceeded no further in Easter-Term: but in Trinity-Term there was another commission of Oyer and Terminer, by which Humphrey Middlemore, William Exmew, and Sebastian Nudigate, three monks of the Charterhouse near London, were endited of Treason, for having said on the 25th of May, That they neither could nor would consent to be obedient to the king's highness, as true, lawful, and obedient subjects; to take him to be Supream Head on earth of the Church of England.' They all pleaded Not Guilty, but were found guilty by the jury; and Judgment was given. When they were condemned, they desired that they might receive the body of Christ before their death. But (as judge Spelman writ) the Court would not grant it, since that was never done in such cases but by order from the king. Two days after that, they were executed. Two other monks of that same order, John Rochester and James Wolver, suffered on the same account at York in May this year. Ten other Carthusian monks were shut up within their cells, where nine of them died. The tenth was hanged in the beginning of August. Concerning those persons I find this said in some Original Letters, that they had brought over into England, and vented in it, some books that were written beyond sea, against the king's Marriage, and his other proceedings: which being found in their house, they were pressed to peruse the books that were written for the king, but obstinately refused to do it. They had also been involved in the business of the Maid of Kent, for which, though all the complices in it, except those who suffered for it, were pardoned by act of parliament, yet such as had been concerned in it, were still under jealousy and it is no wonder that upon new provocations they met with the uttermost rigor of the law.

These Tryals made way for two others that were more signal: of the bishop of Rochester, and sir Thomas More. The first of these had been a prisoner above a year, and was very severely used; he complained in his letters to Cromwell, that he had neither cloaths nor fire, being then about fourscore. This was understood at Rome, and upon it, pope Clement, by an officious kindness to him, or rather in spite to king Henry, declared him a cardinal, and sent him a red-hat, When the king knew this,

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he sent to examine him about it; but he protested he had used no endeavours to procure it, and valued it so little, that if the hat were lying at his feet, he would not take it up. It never came nearer him than Picardy yet this did precipitate his ruin. But if he had kept his opinion of the king's Supremacy to himself, they could not have proceeded further. He would not do that, but did upon several occasions speak against it, so he was brought to his Tryal on the 17th of June (see p. 395.) The lord chancellor, the duke of Suffolk, and some other lords, together with the Judges, sate upon him by a commission of Oyer and Terminer. He pleaded Not Guilty, but being found guilty, Judgment was passed on him to die as a traitor; but he was by a warrant from the king, beheaded. Upon the 22d of June, being the day of his execution, he dressed himself with more than ordinary care; and when his man took notice of it, he told him, he was to be that day a bridegroom. As he was led to the place of execution, being stopt in the way by the croud, he opened his New Testament, and prayed to this purpose; that as that book had been his companion and chief comfort in his imprisonment, so then some place might turn up to him, that might comfort him in his last passage.' This being said, he opened the book at a venture, in which these words of St. John's Gospel turned up: this is life eternal, to know thee the only true God, and Jesus Christ whom thou hast sent.' So he shut the book with much satisfaction, and all the way was repeating and meditating on them. When he came to the scaffold he pronounced the Te Deum, and after some other devotions his head was cut off. Thus died John Fisher, bishop of Rochester, in the 80th year of his age. He was a learned and devout man, but much addicted to the superstitions in which he had been bred up; and that led him to great severities against all that opposed them. He had been for many years confessor to the king's grand-mother, the countess of Richmond; and it was believed that he persuaded her to those noble designs for the advancement of learning, of founding two Colleges in Cambridge, St. Johns and Christs College, and divinity professors in both Universities. And in acknowledgment of this, he was chosen chancellor of the University of Cambridge. Henry the 7th gave him the bishoprick of Rochester, which he, following the rule of the primitive church, would never change for a better. He used to say his church was his wife, and he would never part with her, because she was poor. He continued in great favour with the king, till the business of the Divorce was set on foot; and then he adhered so firmly to the queen's cause, and the Pope's Supremacy, that he was carried by that headlong into great errors: as appears by the business of the Maid of Kent. Many thought the king ought to have proceeded against him rather upon that, which was a point of state, than upon the Supremacy, which was matter of conscience. But the king was resolved to let all

his subjects see, there was no mercy to be expected by any that denied his being Supream Head of the Church; and therefore made him and More, two examples for terrifying the rest. This being much censured beyond sea, Gardiner, that was never wanting in the most servile compliances, wrote a Vindication of the king's proceedings. The lord Herbert had it in his hands, and tells us it was written in elegant Latin, but that he thought it too long, and others judged it was too vehement, to be inserted in his History.

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On the 1st of July, sir Thomas More was brought to his Tryal. (see p. 385.) The special matter in his endictment, is, that on the 7th of May preceding, before Cromwell, Bedyll, and some others that were pressing him concerning the king's supremacy, he said he would not meddle with any such matter, and was fully resolved to serve God, and think upon his Passion, and his own passage out of this world. He had also sent divers messages by one George Gold to Fisher to encourage him in his obstinacy; and said, the act of parliament is like a sword with two edges, for if a man answer one way, it will confound his soul; and if he answer another way, it will confound his body.' He had said the same thing on the 3rd of June, in the hearing of the lord chancellor, the duke of Norfolk, and others: and that he would not be the occasion of the shortning his own life. And when Rich the king's solicitor came to deal with him further about it, but protested that he came not with any authority to examine him, they discoursed the matter fully. Rich pressed him, that since the parliament had enacted that the king was Supreme Head, the subjects ought to agree to it; and said Rich, what if the parliament should declare me king, would you not acknowledge me? I would, said More, quia (as it is in the indictment) rex per parliamentum fieri potest, & per parliamentum deprivari. But More turned the argument on Rich, and said, what if the parliament made an act that God was not God? Rich acknowledged it could not bind, but replyed to More, that since he would acknowledge him king, if he were made so by act of parliament, why would he not acknowledge the king Supream Head, since it was enacted by parliament? To that More answered, That the parliament had power to make a king, and the people were bound to acknowledge him, whom they made; but for the supremacy, though the parliament had enacted it, yet those in foreign parts had never assented to it.' This was carried ty Rich to the king, and all these particulars were laid together, and judged to amount to a denyal of the Supremacy. Judge Spelman writ, that More, being on his tryal, pleaded strongly against the statute that made it treason to deny the Supremacy, and argued that the king could not be suprean head of the church. When he was brought to the bar, be pleaded not guilty, but being found guilty, judgment was given against him as a traitor. He received it with that equal temper of mind,

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which he had shewed in both conditions of life, and then set himself wholly to prepare for death. He expressed great contempt of the world, and that he was weary of life, and longed for death; which was so little terrible to him, that his ordinary facetiousness remained with him even on the scaffold. It was censured by many, as light and undecent. But others said, that way having beep so natural to him on all other occasions, it was not at all affected; but shewed that death did no way discompose him, and could not so much as put him out of his ordinary humour. Yet his rallying every thing on the scaffold was thought to have more of the Stoick than the Christian in it. After some time spent in secret devotions, he was beheaded on the oth of July.

Thus did sir Thomas More end his days, in the 53d year of his age. He was a man of rare vertues, and excellent parts. In his youth he had freer thoughts of things, as appears by his Utopia, and his letters to Erasmus; but afterwards he became superstitiously devoted to the interests and passions of the Popish clergy: and as he served them when he was in authority, even to assist them in all their cruelties; so he employed his pen in the same cause, both in writing against all the new opinions in general, and in particular against Tindal, Frith, and Barnes, as also an unknown writer, who seemed of neither party, but reprooved the corruptions of the clergy, and condemned their cruel proceedings. More was no divine at all, and it is plain to any that reads his writings, that he knew nothing of antiquity, beyond the quotations he found in the canon-law and in the master of the sentences (only he had read some of St. Austin's treatises): for upon all points of controversie, he quotes only what he found in these collectious; nor was he at all conversant in the critical learning upon the scriptures; but his peculiar excellency in writing, was, that he had a natural easie expression, and presented all the opinions of popery with their fair side to the reader, disguising or concealing the black side of them with great art; and was no less dextrous in exposing all the ill consequences that could follow on the doctrine of the reformers: and had upon all occasions great store of pleasant tales, which he applied wittily to his purpose. And in this consists the great strength of his writings, which were designed rather for the rabble, than for learned men. But for justice, contempt of money, humility, and a true generosity of mind, he was an example to the age in which he lived.

But there is one thing unjustly added to the praise of these two great men, or rather feigned, ou design to lessen the king's honour; that Fisher and he penned the book which the king wrote against Luther. This Sanders first published, and Bellarmin and others since have taken it up upon his authority. Strangers may be pardoned such errors, but they are inexcusable in an Englishman. For in More's printed Works there is a letter written by him out of

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