VIII. can cure a disease much better than a prince, and yet neither HENRY his power nor his quality reaches up to a royal distinction. Thus when bishops assist in the consecration of archbishops, do not they bestow a higher dignity than they have themselves? It is true, kings and emperors obey bishops and priests as Christ's ambassadors: but when their embassy is over, they lessen to a private condition; their public character sleeps, and they acknowledge the civil magistrate for their sovereign." Farther, to prove the supremacy of princes, he refers to the laws of Justinian. "For," as his majesty continues, “with what conscience could that emperor have made laws touching the regulation of the Church, if he had not believed that spiritual society had been part of his charge? It is true, princes are sons of the Church in your definition of that body but this does not hinder them from being supreme heads of Christian men." The king advances in the dispute, and argues for his title" from the convocations meeting by writ; from the bishops' homage and oaths of allegiance; from the royal license and assent in the election of abbots. And as concerning the goods and estates of the clergy, it is plain," says he, “they are under the settlement and direction of our laws. "Then as to the government of the clergy with respect to their manners and behaviour, some criminal causes are reserved to our courts, and some by our permission remitted to the ordinaries. Murder, felony, and treason we reserve to our correction as for other instances of misbehaviour, we leave the clergy to be punished by their respective bishops. Not because we have no authority to interpose in cases of this nature; for you know very well, it is within our own commission to punish priests for adultery, if we thought fit. We grant the sacraments, those conveyances of grace, are to be administered by persons of a holy character: but then, if they misbehave themselves in their function, to a degree of scandal, the civil magistrate may try the cause, and punish the crime. And then as to the spiritual character, since the prince's authority or permission is previous to the execution of their office, why should they scruple to call him head, with respect to that power which is derived from him? However, to avoid calumny, there is added a restriction of quantum per Christi legem licet,' that is, as far as is consistent with the Gospel dispensation, &c." The king's answer goes somewhat farther. But thus much НАМ, WAR- may be sufficient to discover the manner. Whether his maAbp. Cant. jesty's precedents were unexceptionable, his grounds firm, and his inferences well drawn, I must leave to the correction of the reader'. By several passages referred to in this letter, it is plain it was not an answer to bishop Tunstal's protestation: for in that instrument there are none of those passages. However, it is possible, it might be a reply to some other discourse of that prelate upon this subject. As to the clause of "quantum per Christi legem licet," we have the authority of this letter for its being inserted to which, besides the proof already given, we Ld. Herbert, may add the testimony of the lord Herbert, and of Fuller too, who saw the acts of the convocation. And here I shall only observe, that the king's letter in the Cabala is misdated, and set two years forward. But this might be only the negligence of the transcriber. p. 320. Fuller's Ch. Hist. P. 84. Aug. 19. A. D. 1531. Bylney suffers for his tenets at Norwich. his recantation. : This year Bylney was delated for relapsing into heresy, and burnt at Norwich. Sir Thomas More is positive, that before More, p.349. he suffered, he recanted in form, and received absolution and For denies the sacrament from the bishop's clergy. Fox denies this recantation, and endeavours to disprove More: but then he writes out of his talent, and rallies somewhat untowardly. He charges this gentleman, then lord chancellor, with insincerity; but gives up the main cause. He supposes Bylney's receiving absolution, and confessing his sins to one of the bishop's priests, does not imply the retracting his former opinions. But here it must be granted, Fox fails in his reasoning: for when a person is charged with heresy, and prosecuted to proof, it was never the custom of any Church to absolve him without a previous recantation. Fox goes farther in his concessions: he supposes Bylney might hear mass, and receive the sacrament in the Church of Fox, p. 273. Rome, without recanting his tenets. Nay, he believes he did Edit. 1641. receive the sacrament. This acknowledgment makes all Fox's conjectures insignificant, and destroys the force of his counter evidence. For we may be assured, he would never have been admitted to the holy eucharist, had he not been reconciled to their communion. But he has one remark upon sir Thomas More's narrative, which has more weight in it and here he puts somewhat of a hard question. Why did they burn him I See the question of supremacy settled in the king's favour in the 8th book of Hooker's Ecclesiastical Polity, admirably edited by Mr. Keble. VIII. cap. 14. 65. after his recantation? By going this length, he was no heretic; HENRY why then should he suffer the penalties of heresy? But then Fox's saying this was only an ecclesiastical law, is a mistake. Id. p. 274. For by act of parliament, those who relapsed into heresy were 25 Hen. 8. to be burnt in terrorem. Thus it may be the Church could not 20 Hen. 5. help it; and therefore the rigour of the execution must be cap. 7. thrown upon the state. It is true, some casuists affirm, that it is in the power of the spiritual court to wink at the proof of a person thus prosecuted, and not pronounce him relapsed. And here the canon lawyers are almost at a loss: some affirm, that the ecclesiastical judge is under no necessity of putting a heretic relapsed into the hands of the secular magistrate, and that he may mitigate the rigour of this punishment, and commute it to perpetual confinement in the bishop's prison. But then there must be some colour of defect in the evidence, to Lynwood, make way for this favour: for when the proof is clear and Hæreticis. demonstrative against the criminal, it is not in the Church's Tit. item quia turpis, power to preserve him. Not long after, Bayfield, a priest, was &c. burnt upon the charge of heresy. But the business of this work being no martyrology, I shall not be particular in every Jan. 15. thing of this kind. lib. 5. de A.D. 1531-2. The griev after ances of the king commons with respect to the clergy tutes. The latter end of this year, the parliament sat again a prorogation. This session the commons addressed the against the clergy. The articles were digested in a book redressed in called "The Supplication." The king's answer was, he would several stabe farther advised, and hear the defence of the parties accused; and then, after a representation on both sides, he should proceed as the case required. This complaint occasioned the making several statutes this parliament. For instance, "None under a subdeacon who had been convicted of petty treason, murder, or felony, should have the benefit of the clergy, and be delivered to their ordinary." It was likewise enacted, "That none within the orders of subdeacon, or above, who were found guilty of the crimes aforementioned, should be admitted to make their purgation, without being bound with sufficient sureties for their good abearing. Neither was this favour of purgation allowed those who, after confession or judgment, were admitted to their clergy, and delivered to the ordinary." It was likewise 23 Hen. 8. provided, "That ordinaries having such persons in their custody, might degrade them, and send them to the King's Bench.' Farther: "Feoffments of land to the use of a church, as little differing from mortmain," were made void. "And cap. 1. 23 Hen. 8. cap. 11. WAR- whereas, divers having the privilege of their clergy, and being Abp. Cant, afterwards committed to their ordinaries, brake prison," such Payment of an escape was now made felony. This year there passed a annates ea remarkable act concerning annates, or the first-fruits of bishoptinguished under some rics, paid usually to the see of Rome, for the obtaining of palls, provisos. bulls, &c. The preamble sets forth the reasons and considerations upon which the statute was grounded. As first: "Because great sums of money had been already drawn out of the kingdom upon this score. The sum is mentioned, and amounts to no less than a hundred and sixty thousand pounds sterling, since the second year of king Henry VII." The pope's Secondly, "This grievance was likely to export more treasure shortly, because many of the bishops were very far advanced in life." Thirdly, "It is observed, these annates were first granted for maintaining forces against the infidels. It is therefore enacted, that this burthen should be taken off, and no more payments made to the pope, unless under the qualifications and restrictions afterwards mentioned. To mention one of the limitations, viz.: That the court of Rome may not think themselves unrewarded for their trouble, in drawing up bulls, sealing them in lead, &c., it was enacted, that five pounds in the hundred, according to the rate of the annual value of the bishoprics, all charges deducted, might be allowed upon this consideration." To proceed. "And if any person elected to a bishopric, and presented by the king to the pope, shall be either denied or delayed in his bulls, the king's highness may then present him to the archbishop of the province for his consecration; and in case the said archbishop shall delay the proceeding to this solemnity, for lack of palls, bulls, or other pretended requisites, the person so named shall be consecrated and invested by any two bishops of the realm, appointed by the king for the time being, for this purpose. And every such archbishop and bishop so named, presented, and consecrated, shall be taken and reputed as perfect and complete in every part of their character." By the way, there is an express clause to impower the king to void or confirm this statute, or any branch of it, within two years next following. Having observed this, I shall proceed to the remainder. For instance: it is declared in this act, "That the king and the estates have no intention of coming overruled in to extremity, unless gentler methods prove ineffectual. If censures VIII. therefore the king shall please to propose an amicable compo- HENRY sition, and his holiness shall think fit either to relinquish his claim to these annates, or moderate his demands, that in this case he refused a case such agreement and composition between his highness and composition. the court of Rome should stand firm in law, and be punctually observed. But if the pope should refuse to take off part of the pressure, continue his former exactions, and pursue his claim by excommunications, interdictions, or any other process and censures upon the king and his subjects, it is then enacted, that the king's highness, his heirs and successors, kings of England, and all his spiritual and lay subjects of the same, without any scruples of conscience, shall and may lawfully, to the honour of Almighty God, the increase and continuance of virtue and good example within this realm, the said censures, excommunications, interdictions, compulsories, or any of them notwithstanding, minister, or cause to be ministered throughout this said realm, and all other the dominions and territories belonging or appertaining thereunto, all and all manner of sacraments, sacramentals, ceremonies, or other divine services of the holy Church, or any other thing or things, necessary the health of the souls of mankind, as they heretofore, at any time or times, have been virtuously used, or accustomed to do within the same; and that in no manner such censures, excommunications, interdictions, or any other process or compulsories, shall by any of the prelates, or other spiritual fathers of this region, nor by any of their ministers, or substitutes, be at any time or times hereafter published, executed, or divulged, nor be suffered to be published, executed, or divulged, in any Ld.Herbert, manner of ways." This act gave a remarkable check to the pope's supremacy, Records, struck off his former claim, and obliged him to a reasonable book 2. composition and in case he could not be drawn to an abatement of pretension, his censures and process are made insignificant, and the bishops and clergy were to go on in their functions, notwithstanding any excommunications or interdictions to the contrary. This act was afterwards confirmed by the king's letters-patent within the time limited. for p. 330. Bp. Burnet, num. 41. 66. See Records, Now when this payment was first claimed, how warmly the num. 18. matter was contested, and how the court of Rome carried their point at last, has been already related. Here, therefore, Eccles. Hist. I shall only mention the rates with which the English sees pt. 1. p. 503. |