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permission to resign, resting his request unob- CH. 4. trusively on failing health; and Henry sadly consented to lose his services.

A.D. 1532.
Unwilling-

ness of

part with

Warham

retire.

Parallel to More's retirement, and though less important, yet still noticeable, is a proceeding of him. old Archbishop Warham under the same trying circumstances. In the days of his prosperity, Archbishop Warham had never reached to greatness as a prepares man. He had been a great ecclesiastic, successful, also to dignified, important, but without those highest qualities which command respect or interest. The iniquities of Warham's spiritual courts were greater than those of any other in England. He had not made them what they were. They grew by their own proper corruption; and he was no more responsible for them than every man is responsible for the continuance of an evil by which he profits, and which he has power to remedy. We must look upon him as the leader of the bishops in their opposition to the reform; and he was the probable author of the famous answer to the Commons' petition, which led to such momentous consequences. These consequences he had lived partially to see. Powerless to struggle against the stream, he had seen swept away one by one those gigantic privileges to which he had asserted for his order a claim divinely sanctioned; and he withdrew himself heartbroken, into his palace at Lambeth, and there entered his solemn protest He draws against all which had been done. Too ill to up his write, and trembling on the edge of the grave,

*In part of it he speaks in his own person.

VOL. I.

B B

Vide supra, cap. 3.

protest,

370 Protest and Death of Archbishop Warham.

CH. 4. he dictated to his notaries from his bed these not unaffecting words:

A.D. 1532.

And dies.

'In the name of God, Amen. We, William, by Divine Providence Archbishop of Canterbury, Primate of all England, Legate of the Apostolic See, hereby publicly and expressly do protest for ourselves and for our Holy Metropolitan Church of Canterbury, that to any statute passed or hereafter to be passed in this present Parliament, begun the third of November, 1529, and continued until this present time; in so far as such statute or statutes be in derogation of the Pope of Rome or the Apostolic See, or be to the hurt, prejudice, or limitation of the powers of the Church, or shall tend to the subverting, enervating, derogating from, or diminishing the laws, customs, privileges, prerogatives, pre-eminence of liberties of our Metropolitan Church of Canterbury; we neither will, nor intend, nor with clear conscience are able to consent to the same, but by these writings we do dissent from, refuse, and contradict them.'*

Thus formally having delivered his soul, he laid himself down and died.

* BURNET'S Collectanea, p. 435.

A

CHAPTER V.

MARRIAGE OF HENRY AND ANNE BOLEYN.

A.D. 1532.

opinion.

LTHOUGH in the question of the divorce C. 5. the king had interfered despotically to control the judgment of the universities, he had made no attempt, as we have seen, to check the tongues of the clergy. Nor if he had desired to check them, is it likely that at the present stage of proceedings he could have succeeded. No law had as yet been passed which made a Liberty of crime of a difference of opinion on the pope's dispensing powers; and so long as no definitive sentence had been pronounced, every one had free liberty to think and speak as he pleased. So great, indeed, was the anxiety to disprove Catherine's assertion that England was a locus suspectus, and therefore that the cause could not be equitably tried there, that even in the distribution of patronage there was an ostentatious Ostentadisplay of impartiality. Not only had Sir Thomas More been made chancellor, although emphatically on Catherine's side; but Cuthbert Tunstal, who had been her counsel, was promoted to the see of Durham. The Nun of Kent, if her word was to be believed, had been offered an abbey,* and that Henry permitted language to pass unnoticed

*Note of the Revelations of Elizabeth Barton: Rolls House

MS.

tion of im

partiality.

CH. 5.

A.D. 1532.

espionage.

of the most uncontrolled violence, appears from a multitude of informations which were forwarded to the government from all parts of the country. But while imposing no restraint on the expression of opinion, the council were careful to keep themselves well informed of the opinions which were expressed, and an instrument was ready made to their hands, which placed them in easy possession of what they desired. Among the many abominable practices which had been introduced by the ecclesiastical courts, not the least System of hateful was the system of espionage with which they had saturated English society; encouraging servants to be spies on their masters, children on their parents, neighbours on their neighbours, inviting every one who heard language spoken anywhere of doubtful allegiance to the church, to report the words to the nearest official, as an occasion of instant process. It is not without a feeling of satisfaction, that we find this detestable invention recoiling upon the heads of its authors. Those who had so long suffered under it, found an opportunity in the turning tide, of revenging themselves on their oppressors; and the country was covered with a ready-made army of spies, who, with ears ever open, were on the watch for impatient or disaffected language in their clerical superiors, and furnished steady reports of such language to Cromwell.*

*It has been thought that the Tudor princes and their ministers carried out the spy system to an iniquitous extent,

that it was the great instrument of their Machiavellian policy, in. troduced by Cromwell, and afterwards developed by Cecil and

Informations forwarded to the Government. 373

A.D. 1532.

Specimens of these informations will throw CH. 5. curious light on the feelings of a portion at least of the people. The English licence of speech, if not recognised to the same extent as it is at pre

Walsingham. That both Cromwell and Walsingham availed themselves of secret information, is unquestionable, as I think it is also unquestionable that they would have betrayed the interests of their country if they had neglected to do so. Nothing, in fact, except their skill in fighting treason with its own weapons, saved England from a repetition of the wars of the Roses, envenomed with the additional fury of religious fanaticism. But the agents of Cromwell, at least, were all volunteers ;-their services were rather checked than encouraged; and when I am told, by high authority, that in those times an accusation was equivalent to a sentence of death, I am compelled to lay so sweeping a charge of injustice by the side of a document which forces me to demur to it. In the reign of the Tudors,' says a very eminent writer, the committal, arraignment, conviction, and execution of any state prisoner, accused or suspected, or under suspicion of being suspected of high treason, were only the regular terms in the series of judicial proceedings.' This is scarcely to be reconciled with the 10th of the 37th of Hen. VIII., which shows no desire to welcome accusations, or exaggerated readiness to listen to them,

'Whereas,' says that Act, 'divers malicious and evil dis

posed persons, of their perverse, cruel, and malicious intents, minding the utter undoing of some persons to whom they have and do bear malice, hatred, and evil will, have of late most devilishly practised and devised divers writings, wherein hath been comprised that the same persons to whom they bear malice should speak traitorous words against the King's Majesty, his crown and dignity, or commit divers heinous and detestable treasons against the King's Highness, where, in very deed, the persons so accused never spake nor committed any such offence; by reason whereof divers of the king's true, faithful, and loving subjects have been put in fear and dread of their lives and of the loss and forfeiture of their lands and chattels-for reformation hereof, be it enacted, that if any person or persons, of what estate, degree, or condition he or they shall be, shall at any time hereafter devise, make, or write, or cause to be made any manner of writing comprising that any person has spoken, committed, or done any offence or offences which now by the laws of this realm be made treason, or that hereafter shall be made treason, and do not subscribe, or cause to be subscribed, his true name to the said writing, and within twelve days next after ensuing do not personally come before

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