He made no mention in it of the princess Elizabeth, nor of any branch of her family; but in other respects the act was compiled with sufficient reserve and moderation. He did not insist that it should contain a declaration or recognition of his preceding right; as, on the other hand, he avoided the appearance of a new law or ordinance. He chose a middle course, which, as is generally unavoidable in such cases, was not intirely free from uncertainty and obscurity. It was voted, That the inheritance of the crown should rest, remain, and abide in the king; 10 but whether as rightful heir, or only as present possessor, was not determined. In like manner, Henry was contented that the succession should be secured to the heirs of his body; but he pretended not, in case of their failure, to exclude the house of York, or give the preference to that of Lancaster : he left that great point ambiguous for the present; and trusted that if it should ever become requisite to determine it, future incidents would open the way for the decision. But even after all these precautions, the king was so little satisfied with his own title, that in the following year he applied to papal authority for a confirmation of it; and as the court of Rome gladly laid hold of all opportunities which the imprudence, weakness, or necessities of princes afforded it to extend its influence, Innocent VIII. the reigning pope, readily granted a bull in whatever terms the king was pleased to desire. All Henry's titles, by succession, marriage, parliamentary choice, even conquest, are there enumerated; and to the whole the sanction of religion is added; excommunication is denounced against every one who should either disturb him in the present possession, or the heirs of his body in the future succession of the crown; and from this penalty no criminal, except in the article of death, could be absolved but by the pope himself, or his special commissioners. It is difficult to imagine that the security derived from this bull could be a compensation for the defect which it betrayed in Henry's title, and for the danger of thus inviting the pope to interpose in these con cerns. It was natural, and even laudable in Henry to reverse the attainders which had passed against the partisans of the house of Lancaster; but the revenges which he exercised against the adherents of the York family, to which he was 10 Bacon, p. 581. tainder and outlawry. Their right to take seats in the house being questioned, the case was referred to all the judges, who assembled in the exchequer chamber, in order to deliberate on so delicate a subject. The opinion delivered was prudent, and contained a just temperament between law and expediency.? The judges determined, that the members attainted should forbear taking their seats till an act were passed for the reversal of their attainder. There was no difficulty in obtaining this act; and in it were comprehended 107 persons of the king's party. 9 8 But a scruple was started of a nature still more important. The king himself had been attainted; and his right of succession to the crown might thence be exposed to some doubt. The judges extricated themselves from this dangerous question, by asserting it as a maxim,-"That the crown takes away all defects and stops in blood; and that from the time the king assumed royal authority, the fountain was cleared, and all attainders and corruptions of blood discharged." Besides that the case, from its urgent necessity, admitted of no deliberation; the judges probably thought, that no sentence of a court of judicature had authority sufficient to bar the right of succession; that the heir of the crown was commonly exposed to such jealousy as might often occasion stretches of law and justice against him; and that a prince might even be engaged in unjustifiable measures during his predecessor's reign, without meriting on that account to be excluded from the throne, which was his birthright. With a parliament so obsequious, the king could not fail of obtaining whatever act of settlement he was pleased to require. He seems only to have entertained some doubt within himself on what claim he should found his pretensions. In his speech to the parliament he mentioned his just title by hereditary right; but lest that title should not be esteemed sufficient, he subjoined his claim by the judgment of God, who had given him victory over his enemies and again, lest this pretension should be interpreted as assuming a right of conquest, he ensured to his subjects the full enjoyment of their former properties and possessions. 8. The entail of the crown was drawn according to the sense of the king, and probably in words dictated by him. 7 Bacon, p. 581. 26-65. 8 Rot. Parl. 1 Hen. VII. n. 2-4. 15. 17. 9 Bacon, p. 581. He made no mention in it of the princess Elizabeth, nor of any branch of her family; but in other respects the act was compiled with sufficient reserve and moderation. He did not insist that it should contain a declaration or recognition of his preceding right; as, on the other hand, he avoided the appearance of a new law or ordinance. He chose a middle course, which, as is generally unavoidable in such cases, was not intirely free from uncertainty and obscurity. It was voted, That the inheritance of the crown should rest, remain, and abide in the king; , 10 but whether as rightful heir, or only as present possessor, was not determined. In like manner, Henry was contented that the succession should be secured to the heirs of his body; but he pretended not, in case of their failure, to exclude the house of York, or give the preference to that of Lancaster: he left that great point ambiguous for the present; and trusted that if it should ever become requisite to determine it, future incidents would open the way for the decision. But even after all these precautions, the king was so little satisfied with his own title, that in the following year he applied to papal authority for a confirmation of it; and as the court of Rome gladly laid hold of all opportunities which the imprudence, weakness, or necessities of princes afforded it to extend its influence, Innocent VIII. the reigning pope, readily granted a bull in whatever terms the king was pleased to desire. All Henry's titles, by succession, marriage, parliamentary choice, even conquest, are there enumerated; and to the whole the sanction of religion is added; excommunication is denounced against every one who should either disturb him in the present possession, or the heirs of his body in the future succession of the crown; and from this penalty no criminal, except in the article of death, could be absolved but by the pope himself, or his special commissioners. It is difficult to imagine that the security derived from this bull could be a compensation for the defect which it betrayed in Henry's title, and for the danger of thus inviting the pope to interpose in these con cerns. It was natural, and even laudable in Henry to reverse the attainders which had passed against the partisans of the house of Lancaster; but the revenges which he exercised against the adherents of the York family, to which he was 10 Bacon, p. 581. so soon to be allied, cannot be considered in the same light: yet the parliament, at his instigation, passed an act of attainder against the late king himself, against the duke of Norfolk, the earl of Surrey, viscount Lovel, the lords Zouche and Ferrars of Chartley, Sir Walter and Sir James Harrington, Sir William Berkeley, Sir Humphrey Stafford, Catesby, and about twenty other gentlemen, who had fought on Richard's side in the battle of Bosworth. How men could be guilty of treason, by supporting the king in possession against the earl of Richmond, who assumed not the title of king, it is not easy to conceive; and nothing but a servile complaisance in the parliament could have engaged them to make this stretch of justice. Nor was it a small mortification to the people in general, to find that the king, prompted either by avarice or resentment, could in the very beginning of his reign so far violate the cordial union which had previously been concerted between the parties, and to the expectation of which he had plainly owed his succession to the throne. The king, having gained so many points of consequence from the parliament, thought it not expedient to demand any supply from them, which the profound peace enjoyed by the nation, and the late forfeiture of Richard's adherents, seemed to render somewhat superfluous. The parliament, however, conferred on him during life the duty of tonnage and poundage, [Dec. 10.] which had been enjoyed in the same manner by some of his immediate predecessors; and they added, before they broke up, other money bills of no great moment. The king, on his part, made returns of grace and favor to his people. He published his royal proclamation, offering pardon to all such as had taken arms, or formed any attempts against him, provided they submitted themselves to mercy by a certain day, and took the usual oath of fealty and allegiance. On this proclamation, many came out of their sanctuaries; and the minds of men were every where much quieted. Henry chose to take wholly to himself the merit of an act of grace, so agreeable to the nation, rather than communicate it with the parliament, as was his first intention, by passing a bill to that purpose. The earl of Surrey, however, though he had submitted, and delivered himself into the king's hands, was sent prisoner to the Tower. During this parliament the king also bestowed favors and honors on some particular persons who were attached to him. Edward Stafford, eldest son of the duke of Buckingham, attainted in the late reign, was restored to the honors of his family as well as to its fortune, which was very ample. This generosity, so unusual in Henry, was the effect of his gratitude to the memory of Buckingham, who had first concerted the plan of his elevation, and who by his own ruin had made way for that great event. Chandos of Britany was created earl of Bath, Sir Giles Daubeny lord Daubeny, and Sir Robert Willoughby lord Broke. These were all the titles of nobility conferred by the king during this session of parliament." But the ministers whom Henry most trusted and favored were not chosen from among the nobility, or even from among the laity. John Morton and Richard Fox, two clergymen, persons of industry, vigilance, and capacity, were the men to whom he chiefly confided his affairs and secret counsels. They had shared with him all his former dangers and distresses, and he now took care to make them participate in his good fortune. They were both called to the privy council; Morton was restored to the bishopric of Ely, Fox was created bishop of Exeter. The former, soon after, on the death of Bourchier, was raised to the see of Canterbury: the latter was made privy seal; and successively bishop of Bath and Wells, Durham, and Winchester: for Henry, as lord Bacon observes, loved to employ and advance prelates; because, having rich bishoprics to bestow, it was easy for him to reward their services; and it was his maxim to raise them by slow steps, and make them first pass through the inferior sees.12 He probably expected, that as they were naturally more dependent on him than the nobility, who during that age enjoyed possessions and jurisdictions dangerous to royal authority; so the prospect of farther elevation would render them still more active in his service, and more obsequious to his commands. 9. In presenting the bill of tonnage and poundage, [Jan. 18, 1486.] the parliament, anxious to preserve the legal undisputed succession to the crown, had petitioned Henry, with demonstrations of the greatest zeal, to espouse the princess Elizabeth; but they covered their true reason under the dutiful pretence of their desire to have heirs of his body. He now thought in earnest of satisfying the minds of his people in that particular. His marriage was 11 Polyd. Virg. p. 566. 12 Bacon, p. 582. |