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ted him, that though the Bifhop of Paris only defired a "J'J" *
delay of fix days, he could not obtain it. The Pope, D ' aylm
frighted by the menaces of the Imperialifts, was fo entire- Herbert.
ly devoted to them, that what fhould have been done, Burnet -
according to the ufual forms, in three Confifteries, was
done in one. In a word, the Pope, without flaying for
an anfwer from England, publifhed a fentence (1 z), de- 3JJJ *"



felf with fending the Lord Rochfort for frefh inftrudtions daring Henry's marriage with Catherine good and lawful, againft



G.ydiner,
Brian, and
Bonner, are



from the King, who immediately recalled him. How-
ever, Francis fo artfully managed Henry, that he perfwa-
ded him to fend fome Perfon to Marfeilles, to be a witnefs
of what fhould pafs at the Interview. Henry made
choice of Stephen Gardiner, [ Sir John Wallop J and
Jem n Mar- Sir Francis Brian, with Edmund Bonner, a very proper

leillcs.

The Duke of

Orleans'*

Marriage.

Tte P-pe

prcmifei

Francis to

content

Henry.

Herbert.

turnet.



Tonner ac.
fyjinti the
Ftpc with
tte Kmg'l
Appeal.
Aft. Pub.
XlV.p.«6
Herbert,
burner.



Perfon to execute the orders he gave him.

The Pope and Francis met at Marfeilles the beginning
of October, and within a few days, the Duke of Orleans
confummated his Marriage with Catherine de Medici (7).
This affair being ended, Francis follicited the Pope in be-
half of the King of England, and prevailed with him at
laft to give Henry entire fatisfadfion ; but, to fave the ho-
nor of the Holy See, he would judge the caufe himfelf in
a Confiftory, from which the Cardinals of the Emperor's
Fadtion fhould be excluded. Thus far all went very
well. But Bonner, to whom doubtlefs it was not thought



and requiring him to take his Wife again, with denun- Henry,
ciation of Cenfures in cafe of difobedience. Two days
after came the Courier with full Powers for the Bifhop ^'f^'-'Z
of Paris, as the Pope had defired. Several Cardinals alter. '
moved to revoke what had been done ; but the Empe- 3*» rope
ror's Party preffed him fo clofely, that the motion was "£;" t ,'£
rejected. Thus the Pope, who had amufed the King for Sentence.
fix years by affedted delays, could not be perfwaded to Herbert,
grant him fix days, and by this precipitation, was the
caufe of the Romijli Church's lofs of the Kingdom of
England.

It muft however be confefs'd, that it is very difficult to
conceive what the King's view was in the agreement he ,,""?■* J*
pretended to make with the Pope. Can it be fuppofed Conduti.
he meant to quit his newly acquired Title of Supreme
Head of the Church of England f But he appeared fo jea-
lous, during the reft of his days, of this Supremacy,



(1) WiUiam Shunt Lord Mountjoy was to mix Promifes with Threatnings, particularly concerning Catherine's Daughter's being put next Que.'n Anne'*
lll'ue in the Succeffion. But all \v:uld not do. She laid, ihe would not damn her Soul, nor lubmit to inch an Infamy : That (he was his Wile, and
would never call herfelf by any other Name, fince the Procefs Mill depended at Rome. Mountjoy having wrirten a Relation of what had palotd between
him and her, fhuw<d it her ; but Ihe dalhed with a Pen all thole Places in which ihe was called Prmcejt Dowager. Burnet, T. I. p. 132

(2) Sir Thomat ll'yat.

(3) The more moderate Cardinals were for finding a Temper, that the Sentence fhould not be definitive, but mould be given upon what had been atr
tempted in England by the Archbifh p of Canterbury, (which in the (Hie of the Canon Law, was called the Attentitei, ) and it was done accordingly.
The ."entence was affixed foon alter at Dunkirk. Burnet, T. J. p. 133. Herbert, p. 172.

(4) Francii acquainted King Henry, that his chief defign in this Interview, was to ferve him ; but Henry replied, That he was fo hire of his Nob:-
l : ty and Commons, that he h.-d no Apprehenfion of any thing the Pope could do. Burnet, T. 3. p. 7a.

(5) Together with George Bullen Lord Rcchford, Sir William Paulet, Sir Anthony Brown, and Sir Francii Brian, attended with a hundred ana lisly
Horfe. Hall, fol, 211. Herbert, p. 168.

(6) And endeavoured to dilTuade him from the Interview and Marriage propofed, or, at leaft, to fu'pend it till the Pope h?d given our King Satrf-
faft:on ; offering alfo Aid for a War in Piedmont, if he would fufier no more Money to go out of his Realm to Rorne, and inliead of the lope to erect
a Patriarch. Herbert, p. 160.

(7) The Prpe himu-lf married the young Couple. Herbert, p. 170.

(S) November 7. Ibid. (9) November 10. Ibid.

{loj Or burning him alive. Burnet, T. I. p. T 34.

(ti) Namely, That if the Pope would put of the Execution of his Sentence, untill he h.-d indifferent Judge: fent, who might hear the B fin-'i, he
would alio derer rhe Execution of uhat he was inclined to dj in withdrawins his Obedience from the Ri'ianSiz. He- err, p. 1 73.
(is; On the ajdof Marsh Burner, T, I. p. 136,

which



Book XV.



20. HENRY VIII.



801



K?t. whit h kept the Clergy in awe, whereas before, the Clercv Roche/let; were deceived with the reft. But at length, t;;4.

J J J . . . l F' r. . ■ ■ . . . CJ _ I T.T II A ■• I • I III. I



depended more on the Pope than on him, that there is no
likelihood he would think of parting with this Preroga-
tive. And yet, how could the King's fupremacy fubtift
in cafe he agreed with the Pope? Or how could the
Pope refolve to content him with refpecT: to his Divorce,
without requiring him to refign his Supremacy ? Cer-
tainly it is impofhble to reconcile thefe two things ; which
gives occafion to fufpeel, the King aclcd not with fince-
rity in his pretended agreement with the Pope, and after
having juftified his Divorce by the Sentence he would
have obtained from him, meant to drop him there, and
Unmet, withdraw from his obedience. This fufpicion is confirm-
t. ill. p.gz, t j 1^ w j, at ua f|" e( j ;„ England, at the very time the King
difpatched the Courier to Rom,; with the engagement the
Pope had defiled. I have obferved that the Bifhop of
Paris went poll from London about the end of December ;
that upon his arrival at Rome he fent a Courier to the
King to acquaint him with what he had obtained of the
Pope; and that the King fent back the fame Courier
with his approbation. Now what fpced focver the Bifhop
and Courier could make, it is impoffiblc the Courier could
return to Rome before the middle of "January. But
at the very time the King difpatched the Courier, he
held at Weftmlnjler a Parliament, where Acls were
palled direfSHy contrary to the agreement he leemed to
defire (1 ).

The Parliament meeting the fifteenth of "January 1534,
opened the Seflion with repealing the Statute of Henry IV
againft Hereticks. This was not with defign to exempt
them from the penalties in that Statute, fince it was enact-
ed in this that they fhould be burned, but only to hinder
the Clergy from being fole judges' in caufes of this nature.
C^maamesfTiM was the real intent of the new Aft, whereby, for
Umjj. t ] le future, Hereticks were to be profecuted and tried ac-
cording to the Laws of the Land, without any regard to
the Canon Law (2).

By another Statute, which the Parliament palTed at the
fame time, it was enabled, Firft, That all Convocations
fhould be called for the future by the King's Writ. Se->
condly, That the King fhould name thirty two Peifons,
fixteen of both Houfes of Parliament, and as many of
tmmTnn- tne Clergy, to examine the Canons and Conflitutions of
formtbi the Chuich, with power to abrogate or confirm fuch as
they thought fit. As it is certain the Parliament adled by
the directions of the Court, it may eafily be conceived the
King was not much inclined to agree with the Pope, tho'
by the engagement he did fend, or had already fent, to
Rome, he leemed refolved.

Here is another argument of the little regard Henry had
for the Pope, at the very time he was going to obtain
all his defues. Before the news came to England of the
fentence againft the King, the Parliament palled an Act
of Attainder againft Elizabeth Barton, commonly called
the Holy A/aid of Kent, who pretending to be infpired,
foretold, that if the King married Ann Bullen hejhouldnot
be a King a month longer. This Nun having been wrought
upon and inftru£ted by a certain Curate, counterfeited the
Prophetefs, and mixed, with her Predictions, invectives
againft the King's proceedings in the affair of the Divorce,
and threats againft his chief Counfellors. Several Fran-
cifcans countenanced her pretended Revelations, fo that fhe
was in great repute with the People ; nay, Archbifhop



»5H-

TurtlU";T.t

Herbeit.

Mall.

Burnet.

Act to take
jrem the
Clerfy lb,



Another
Statute,
whereby the
King is im-
fvwercd to
name thirty



Canons.



AB of At-
tainder
agaivji Eli-
zabeth Bar-
ton.
Hall.
Burnet.



An Account

cf her.

Hall.

Stuw.

H.illingfll.

Burnet.

J-oype'i

Mem.



the Nun and her Accomplices being apprehended by tin-
King's order, the affair was fo carefully examined, that
the whole contrivance was difcovcred, and the counter-
feit Prophetefs condemned to die, with her conuptcrs.
However, as the affair had made a great noife, the King
was pleafcd it fhould be brought before the Parliament,
to render their condemnation more authentick. Sanders Burnet,
would fain reckon this Nun-and her Accomplices for Mar-
tyrs, though their own confcflons fufficicntly juftified their
condemnation (3). If the King had really intended to be
reconciled to the Court of Rime, nothing could be more
unfeafonable than to pais this Act, when the affair of the
Divorce feemed to be upon the point of being adjuftcd to
his fatisfac-iion.

Whilft the Parliament was employed in thefe matters, 7l ' '■
Henry received news of the Sentence (.1.) given and pub
lifhed againft him at Rome, with all the circumftances, at tb. I
demonftrating the little regard the Pope had fur his Pel
fon and Dignity. Thefe haffy proceedings convincing nayr't.
him there was nothing more to be expected from Rome,
he no longer delayed to execute his refolution to break off
all correfpondence with the Pope. The Parliament was
no lefs offended than the King with the Pope's conduct.
So, the whole Legiflature, being in the fame mind, re •
folved utterly to abolifh the papal authority in England.
After what Clement had done, there was no other way;
it was neceflary either to withftand him vigorously, or
prepare to indurc all the feverities and indignities, to which
England was liable in the Reigns of Henry I], and John
Lackland. But the times were altered. The Englijl) were
no longer willing to fubmit to the bafe actions required,
by the Popes, of their Anceftors, neither was the King's
iniereft different from that of his Subjects. Thus, every
one being equally tired of the Pope's yoke, it was deemed
more honorable to demolifh at once that for midable power,
under which the Kingdom had fo long grcaned, than
vainly to expect, it would of itfelf be reduced within due
bounds. It may be eafily judged, the favourers of the new
Religion were not fparing of their pains to bring things
to this State. The refolution that had been taken was
quickly put in execution. In a few days an Act was paf-Statut. 20,
fed containing fundry Ai ticks, all tending to the fame
point.

The firft confirmed the Statute for abolifliing the An- A3 abdijh.
nates, or Firft-Fruits.

By the fecond it was enacted, that for the future, the'
Pope fhall have nothing to do in the nominating or pre-
fentingof Bifhops ; but that, when a Biftioprick fhall be-
come vacant, the King fhall fend to the Chapter a Conge
d'elire, and in cafe the election fhall not be over within
twelve days after the Licenfe, it Ihall belong to the King.
That the Bifhop elect fhall fwear fealty to the King,
and then be recommended by his Majefty to the Archbi-
fhop to be confecrated. That il the Bifhop elect or Arch-
bifhop refufe to obey the contents of this Act, they fhall be
liable to the penalty of Pramunirc. Moreover, all Per-
fons were exprefly forbid to apply to the Bifhop of Rome
for Bulls, Palls, and the like.

By another Aft, were abolifhed, Peter-Pence, all PrOr Statnt. t.tM
curations, Delegations, expeditions of Bulls, and Difpen-
fations coming from the Court of Rome ; and the Arch-
bifhop of Canterbury was appointed to grant all fuch



ng the Papal
Aulh. »:.').



IVarham, Sir Thomas More, and John Fijhcr Bifhop of Difpenfations, <3V. as fhould not be contrary to the Law



(1) Tins Year, on June 24, died Mary Queen Dowager of France, and Wife of Chart,: Brandon, Duke of Suffolk. Hall, fol. V7-

(2) By the Statute of Henry IV, Bifhops might, upon Sul'picu.n of Herefy, commit any Periun to Prifon, without Presentment 01 Acculation, contrary to
what was practifed in all other Cales. Therefore the Statute of Henry IV was repealed, but thole of Richard 11, and Henry V, were lett ftill in force, with
the following Regulation : That Hereticks mould be pi. eceded againft upon Piefentments, by two Witneffes at lead, and then commits, bit brought to
anfwer to their Indictments in open Court ; and if round guilty, and 'would not abjure, or were Rclaple, to be adjudged to Death; the K W !>-■ Her-
rctico eotnburendo bein? firll had. This Act is the fourteenth in the Statute Rock, thirty third in the Reards, thirty firlt in the Jonrnal. It may eafily he imnt:rv.J
how acceptable this A3 was to the whole Nation, fince it was an effectual Limitation of the Ecclefuftical Power, in one of the molt unea y Parts of it.
And this Regulation of the arbitrary Proceedings of the Spiritual Courts, was a particular BlelVmg to the Favourers of the Reinitiation. Burntt, Tom. 1.
p. 147.

(3) Elizabeth Bartzn of Kent, in the Paiilh of Aldington, being troubled with a fort of Byfitrical Fits, which diftorted her Limbs fo, that People began to
think her infpired of God, was perfoaded by Rubard Mafter the Parilh Prieft, who hop^d to draw great Advantages from it, to pretend to Pr .
pernatura) Impulfe. Whereupon he taught her to counterfeit Trances, and to utter Speeches againft the Wickcdneis of the Times, particularly acanlt Herefjr
and Innovation. At length (he gave out, that on fuch a Dav (lie fhould be perfectly cured, if fhe went in Pilgrimage to ihe [mage of the blell'ed Virgin, in a
Chapel within the Parifh of Aldmtt n, the Reputation whereof the crafty Priefl had a mind to raife. On the Day appointed above two thjuland People were
gathered together to fee the miraculous Cure. Being broueht to the Chapel, fhe fell into one of her Fits, and I'puke many Words of great Piety, lay.ng, That
by the Infpiration of God fhe was caUid to be a Nun, and'that Doaor Backing (a Canon of Chrift Church in Canterbury, an affoedate of to Pri

her gh-.flly Father. Prefently after Die feemed, by the Interceflion of oar Lady, to be perfectly recovered, and afterwards became a Nun in the Priory of St.
Sepulchre's in Canterbury, where Bocking frequently vifited her. He with fome others being apprehenfive the King's Marriage v. th An Bulb micht be detri-
mental to the Pcfijh Religion, perfuaded the Nun to menace the King with Death. The Friers that were in the Confpiracy, had agreed to publifh thele Re-
velations in their Sermons up and down the Kingdom. They had given notice of them to the Pope's Ambafl'adors, and brought the Maid to declare her Reve-
lations to them. They had alio fent an account to Queen Catherine, for encouraging her to (land out and not fubmit to the Laws. The King, who
fpifed the thing long, ordered, that in November the laft Year, the Maid and her Complices mould be brought into the Star Cbamb, r, where, betbre many Lords
they all without Rack or Torture Confeffcd the whole Cheat, and were adjudged to ftand in St. Paul's all the Sermon time, alter winch, every one on the
Sunday following read his Conlellion openly before the People. Then they were carried to the Tower, where they lay till the Scflion ot Parliament. The
Matter being brousht before th* Hotlfe, the Nun, Richard Mafer, Doctor Becking, Richard Dering, Henry Cold i London Minilter, Richard Rijey, were at-
tainted of H gh-Trcafon, and executed at Tyburn, April at. The Bilhop of Rochrjler, Teomas Abel, and four more, were judeca guilty of Milprilion of Trca-
fon, and to forfeit their Goods and Chattels to the King, and to be impriloned during Pieafure. The wicked Defigns of this Impolrat (fid much alienate- People
from the Intereft of Rani, and m;de the ether Acts both pals more eafily, and be better received by the People. It was alfo generally believed, t lat » hat was
now uncovered was no new Practice, but that many of the Vifions and Miracles by which religious Orders had railed their Cicd.t, were of Uie lame Na-
ture; and it made way for the deftroying of all the Monafteries in England. Bifhop Fijhcr pleaded in h s Excufe, that all he did was only to try whether
her Revelations were true. And for his concealing what fhe had told him ?bcut the King, he thought it needlels to f..y any thing, becaufe fhe (as fhe taid)
had told it to the King herfelf. So he refufed to make any Submifiion ; and yet it does not appear that the King proceeded againft him upon this Act See
Hall, fol. 219, &c. ^ttnu, p. C70. Burnet, Tom. 1. p- '. ,6, Sfc

(4) From Edward Karne end William Remit, who wen: <m/l< ;ed to follieite this important Bufineli. Herbert, p. 173,



No. XLI. Vol. I,



R



cf



8o2



The H I S T R Y of ENGLAND.



Vol. I,



1554. of God, on condition that part of the Money thence cipal Articles ; the fucceflion of the Crown, the nullit



Tie Verflt



ariling fhould be paid into the King's Exchequer (: J.
Moreover, all Religious Houfcs , exempt and not ex-
empt, fhould be fubject to the Archbifhop's Vifita-
liun (2).

By another Act, it was enacted, that the King's Mar-
riage with Catherine, Widow of his Brother Prince Ar-
thur, fhould be held null and void, and that fhe fhould
be reputed only Princcfs Dowager of JFales. On the
contrary, the King's Marriage with Ann Bullen is declar-
ed valid, and the SucceiTion to the Crown fettled upon
their I Hue. Moreover, it is faid, that any Perfonof what
quality foever, who fhall ("peak or write againft the King's
Marriage, fhall be adjudged a Traitor to the King and
State, and that all the King's Subjects, without diftincti-
on, fhall be obliged to fwear, they will obferve and main-
tain the contents of this Act. After this, follows a Lift
of the Marriages forbid by the Law of God, among
which is that of a Man with his Brother's Widow ;
and it was enacted, that no fuch Mairiages fhould be al-
lowed for the future, and that fuch as were then in being
fhould be dilfolved.

Thus was the papal authority abolifhed in England bv
■rjmct at it. Act of Parliament. Indeed, there were few Bifhops and
Abbots prefent when the Act palled (3). However, there
was but one fingle Bifhop who refufed to fet his name
to it, becaufe they made a great difference between fubmit-
ting to an Aft palled by a lawful Authority, and giving
their vote for it. The generality of the People expreffed
great joy to fee themfelves freed from a yoke, which
neither they nor their Forefathers could bear. None
but the Monks exclaimed againft it, and drew upon
themfelves the King's indignation, the effects whereof they
afterwards felt. Thofe who wifhed for the Reformation
wcie highly pleafed to fee the main obftacle removed, be-
lieving the reft would quicklv follow. But this Refor-
mation, which they fo impatiently expected, made not,
in this Reign, all the Progrefs, they imagined they had
reafon to hope.

The Parliament breaking up the 30th of March (4),

after all the Members had (worn to obferve what was en-

jeffs ""^'-; i nec i j n tne fore mentioned Act, the King fent Com-

titg to lit J . _ , , T , . , r ■ ■ n 1

jiff. mifhoners throughout the Kingdom, to adminifter the

Aft. Pub. fame Oath to all his Subjefts. The Collection of the Pub-

XIVjM-S-,^ jfi s conta | ns t j ie Oaths of feveral Abbots and

Burnet. 5 Fryers of all Orders to this effect: That they would other hand, he was afraid of lofing the fruit of that AI-

T.I.p. 146. De faithful to the King, the Queen, their Heirs and Sue- liance, by uniting too clofely with the King of England,

ceflbrs : That they owned the King for fupreme Head of whom the Pope could now confider but as an open ene-

the Church of England: That the Bifhop of Rome has my. In this perplexity, he endeavoured to perfuade

no more jurifdiction than any other Bifhop : That they Henry to act only privately, by fending large Sums to

renounced his Obedience : That they would preach fin- the German Protectants, to foment the diffention between

cerely Doctrines agreeable to the Holy Scriptures : That them and the Emperor, and embroil him fo, as to hin-

in their Prayers, they would pray firft for the King as der him from thinking of Italy. Henry did not abfolutely

fupreme Head of the Church of England, then for the reject the Propofal. He was very willing to affift the

Queen [ and her Blue,] and laftly for the Archbifhop Proteftants with a good fum of Money : but pretended

AB. Pub. of Canterbury (5). Some time after, Lee Archbifhop of withal, that Francis fhould attack Navarre with a pow-

Xiv.p.491. York certified by a writing of the 5th of May, that in erful Army, whilft on his part he carried War into Flan-

the Convocation of his Province it was declared, the Pope den. But Francis could not refolve to join fo openly
had no more power in England than any other Bifhop.

FKher and Only John Fi/lier Bifhop of Rochejler, and Sir Thomas

More nfufe More late Chancellor, refufed to fign the Act of Par-



Oatb taken

by the cStib-



the King's firft Marriage, with the validity of his fecond,
and the abolifhment of the Papal authority. They of-
fered to fign the firft Article ; but for the other two,
they faid, their Confcience would not fuffer them to con-
fent to them, whereupon they were committed to the
Tower (6).

Whilft thefe Oaths were adminiftring throughout the Henry ae-
Kingdom, the King fent the Archbifhop of York, and the J,'" '
Bifhop of Durhum{j) to tell Catherine, fhe muft forbear tbeA
affirming the Title of Queen, and lay before her the rea- Parliament.
fons that moved the Parliament to deprive her of it. But Hcrl,l, t-
fhe replied, She believed her Marriage with the King /j, .0 j f ,„-j
good and lawful, and fhould hold it as fuch to her dying Anfutr.
day : That fhe had never confummated her Marriage
with Prince Arthur ; and they who affirmed it, fpoke
not the truth : That fhe was not bound to fubmit to
the Archbifhop of Canterbury's Sentence, fince the Pope
had nulled it, and decreed the contrary (8): That the
King's Marriage with Ann was not valid, as being made
during the Appeal : Thatfhe was not obliged to fubmit to
the Acts of the Parliament, not being the King's Subject,
but his Wife: That befides, thefe Acts were made by
the King's Subjects, upon an affair wherein he was
party.

Tho' Henry would have been very glad of Catherine'* '
fubmiffion to what the Parliament had enacted, it was F ™^!
not her obftinacy that gave him the moft uneafinefs. The and Henry
Emperor having undertaken to execute the Pope's kn-f™"'4^
tence, Henry was naturally to expect to be attacked by
that powerful enemy. In order therefore to prevent him,
or to put himfelf in a ftate of defence, he defired to make
a League with the King of France, by a new Treaty,
which fhould render their union more effectual for their
common defence. Francis feemed very ready to comply,
but meant that all the Terms fhould be to his advan-
tage, and to make Henry fubfervient to his defigns elfe-
where. He had ftill an eye upon the Duchy of Milan,
as upon what belonged to him of right, and had been
unjuftly taken from him, and defigned to recover it,
though he had exprefly renounced it by the Treaty of
Cambray. To this end he had facrificed the honour of
his Houfe, in marrying his fecond Son to a Baftard-
Branch of the Family of the Medici, becaufe he did not
think he could proceed without the Pope. But on the



Habere



'oa',1 "and liament, which, as has been feen, contained three prin-

are fent to
the Tower.
Herbert.
Strypc.
Burnet.



with England, for fear of offending the Pope. Befides,
he turned all his thoughts to the Milanefe, where an ac-
cident, about the end of the laft year, gave him an op-
portunity to carry his Arms. As this accident was the



(1) All Difpenfations formerly taxed at or above four Pounds, Ihould be alfo confirmed under the Great Seal.

(2) All Mon-ifterics, &\-. heretofore exempt from the Archbifhop's Vifitation, were ftill to be fo, and fuch Abbeys whofe Elections were formerly con-



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