subjects, and derogation of your laws and pre- which is ready to be proved.-33. Also, the rogative; and no law to bear him so to do.- said lord cardinal's officers have divers times 26. Also, when matters have been near at compelled your subjects to serve him with carts Judgment by process at your common law, the for carriages. And also his servants have same lord cardinal hath not only given and taken both corn and cattel, fish, and all other sent injunctions to the parties, but also sent victuals at your graces price or under, as though for your judges, and expressly by threats com- it had been for your grace, which is contrary manding them to defer the Judgment, to the to the laws.-34. Also, the said lord cardinal evident subversion of your laws, if the judges hath misused himself in your most honourable would so have ceased.-27. Also, whereas nei- court, in keeping of as great estate there in ther the bishoprick of York, nor Winchester, your absence, as your grace would have done, nor the abby of St. Albans, nor the profit of if you had been there present in your own perhis legation, nor the benefit of the chancery, son.-33. Also, his servants, by virtue of your nor his great pension out of France, nor his commission under your broad seal by him to wards, and other inordinate taking could not them given, hath taken cattel, and all other suffice him, he hath made his son Winter to victual, at as low price as your purveyors have spend 27007. by the year, which he taketh to done for your grace by your prerogative, against his own use, and giveth him not past 2001. yearly the laws of your realm.--36. Also, where it to live upon.-28. Also, where the said lord hath been accustomed that your purveyors for cardinal did first sue unto your grace to have your honourable household have had yearly your assent to be legate de latere, he promised out of your town and liberty of St. Albans 300 and solemnly protested before your majesty, or 400 quarters of wheat, truth it is, that since and before the lords both spiritual and tempo- the lord cardinal had the room of abbot there, ral, that he would nothing do or attempt by your said purveyors could not be suffered by virtue of his legacy, that should be contrary to him and his officers, to take any wheat within your gracious prerogative or regality, or to the the said town or liberties.-37. Also he hath damage or prejudice of the jurisdiction of any divers times given injunction to your servants, ordinary, and that by his legacy no man should that have been for causes before him in the be hurt or offended: and upon that condition, Star-Chamber, that they nor other for them and no other, he was admitted by your grace should make labour, by any manner of way to be legate within this your realm, which con- directly or indirectly, to your grace, to obtain dition he hath broken, as is well known to all your gracious favour or pardon, which was a your subjects. And when that he made this presumptuous intent for any subject.-38. Also, promise, he was busy in his suit at Rome, to the said lord cardinal did call before him sir visit all the clergy of England, both exempt and John Stanley, knight, which had taken a farm not exempt.-29. Also, upon the suit of the by covent-seal of the abbot and covent of said lord cardinal at Rome, to have his autho- Chester, and afterwards by his power and rity legatine, he made untrue surmise to the might, contrary to right, committed the said sir Pope's holiness against the clergy of your John Stanley to the prison of Fleet by the space realm, which was, that the regular persons of of one year, until such time as he compelled the said clergy had given themselves in repro- the said sir John to release his covent seal to bum sensum; which words St. Paul writing to one Leghe of Adlington, which married one the Romans applyed to abominable sin; which Lark's daughter, which woman the said lord slander to your Church of England, shall for ever cardinal kept, and had with her two children. remain in the register at Rome against the clergy Whereupon the said sir John Stanley, upon of this your realm.-30. Also, the said lord displeasure taken in his heart, made himself cardinal had the more part of the goods of Dr. monk in Westminster, and there died.--39. Smith, late bishop of London, bishop Savage Also, on a time your grace being at St. Albans, of York, Mr. Dalby, archdeacon of Richmond, according to the ancient custom used within Mr. Tornyers, Dr. Rothal, late bishop of Dur- your verge, your clerk of the market doing his ham, and of Dr. Fox, late bishop of Winchester, office, did present unto your officers of your contrary to their wills and your laws and justice. most honourable household the prices of all -31. Also, at the Oyer and Terminer at York, manner of victuals, within the precinct of the proclamation was made, that every man should verge; and it was commanded by your said put in their bills for extortion of ordinaries, officers to set up the said prices both on the and when divers bills were put in against the gates of your honourable household, and also officers of the said lord cardinal of extortion, in the market-place within the town of St. Alfor taking 12d. of the pound for probation of bans, as of ancient custom it hath been used; testaments, whereof divers bills were found be- and the lord cardinal, hearing the same, prefore justice Fitz-Herbert, and other commis- sumptuously, and not like a subject, caused the sioners, the same lord cardinal removed the aforesaid prices which were sealed with your same indictments into the chancery by Certio-graces seal, accustomably used for the same, to rari, and rebuked the same Fitz-Herbert for be taken off, and pulled down in the said marthe same cause.-32. Also, the said lord Car-ket-place where they were set up, and in the dinal hath busied and endeavoured himself by crafty and untrue tales to make dissention and debate amongst your nobles of your realm,

same place set up his own prices sealed with his seal, and would, if it had not been letted, in semblable manner used your seal standing

upon your graces gates; and also would of his | to reign amongst the students and scholars of presumptuous mind, have openly set in the the same, as well touching the Lutheran sect stocks within your said town your clerk of your and opinions, as otherwise; the lord cardinal market. By which presumption and usurpa- informed of the good minds and intents of the tion your grace may perceive, that in his heart said two bishops in that behalf, expresly inhihe hath reputed himself to be equal with your bited and commanded them in no wise so to royal majesty.-40. Also, the said lord cardi- do. By means whereof the same errors (as nal, of his further pompous and presumptuous they affirmed) crept more abroad, and took mind, hath enterprised to join and imprint the greater place saying furthermore, that it was cardinals hat under your arms in your coin of not in their defaults that the said heresies groats, made at your city of York, which like were not punished, but in the said lord cardeed hath not been seen to have been done by dinal, and that it was no reason any blame or any subject within your realm before this time. lack should be arrected unto them for his of41. Also, where one sir Edward Jones, clerk, fence. Whereby it evidently appeareth that parson of Crowley in the county of Bucking- the said lord cardinal, besides all other his ham, in the 18th year of your most noble reign, heinous offences, hath been the impeacher and let his said parsonage with all tythes, and other disturber of due and direct correction of hereprofits of the same to one Wm. Johnson by sies; being highly to the danger and peril of indentures for certain years, within which years the whole body and good Christian people the dean of the said cardinal's college in Ox- of this your realm.-44. Finally, forasmuch as ford, pretended title to a certain portion of by the aforesaid articles is evidently declared to tythes within the said parsonage, supposing your most royal majesty, that the lord cardinal the said portion to belong to the parsonage of by his outragious pride hath greatly shadowed Chichley, which was appropriated to the priory a long season your graces honour, which is of Tykeford, lately suppressed, where of truth, most highly to be regarded, and by his insatiable the parsons of Crowley have been peaceably avarice and ravenous appetite, to have riches possessed of the said portion, time out of mind: and treasure without measure, hath so grievwhereupon a subpœna was directed to the said ously oppressed your poor subjects, with so Johnson to appear before the said lord cardinal manifold crafts of bribery and extortion, that at Hampton-Court; where without any bill, the commonwealth of this your graces realm is the said lord cardinal committed him to the thereby greatly decayed and impoverished: Fleet, where he remained by the space of twelve and also by his cruelty, iniquity, affection and weeks, because he would not depart with the partiality, hath subverted the due course and said portion; and at the last, upon a recog- order of your graces laws, to the undoing of a nizance made, that he should appear before great number of your loving people;-Please the said lord cardinal wheresoever he was com- it your most royal majesty therefore of your manded, he was delivered out of the Fleet. excellent goodness towards the weal of this Howbeit, as yet the said portion is so kept your realm, and subjects of the same, to set from him, that he dare not deal with it.-42. such order and direction upon the said lord Also, where one Martin Docowra had a lease cardinal, as may be to the terrible example of of the mannor of Balsal in the county of War- others to beware so to offend your grace and wick, for term of certain years, an injunction your laws hereafter: and that be be so provicame to him out of the Chancery, by writ, upon ded for, that he never have any power, jurispain of 1000l. that he should avoid the pos- diction, or authority, hereafter to trouble, vex, session of the same mannor, and suffer sir Geo. and impoverish the commonwealth of this your Throgmorton, knt. to take the profits of the realm, as he hath done heretofore, to the great same mannor, to the time the matter depending hurt and damage of every man almost, high in the Chancery between the lord of St. Johns, and low. Which for your grace so doing, will and the said Docowra were discust; and yet daily pray, as their duty is, to Almighty God, the said Docowra never made answer in the for the prosperous estate of your most royal Chancery, never was called into the Chancery majesty long to endure in honour and good for that matter. And now of late he hath health, to the pleasure of God, and your hearts received the like injunction, upon pain of most desire. 2000l. contrary to the course of the common "Subscribed the 1st day of December, the law. 43. Also, whereas in the parliament- 21st year of the reign of our sovereign lord chamber, and in the open parliament, commu-king Henry 8. T. More, T. Norfolk, Char. nication and devices were had and moved, wherein mention was, by an incident, made of matters touching heresies, and erroneous sects. It was spoken and reported by one bishop there being present, and confirmed by a good number of the same bishops in presence of all the lords spiritual and temporal then assembled, and two of the said bishops were minded and desired to repair unto the University of Cambridge, for examination, reformation, and correction of such errors as then seemed, and were reported

Suffolk, Tho. Dorset, H. Exeter, G. Shrewsbury, R. Fitzwater, Jo. Oxenford, H. Northumland, T. Darcy, T. Rochford, W. Mountjoy, Wm. Sandys, Wm. Fitz-William, Henry Guideford, Anthony Fitz-Herbert, John Fitz-James.”

* Concerning these signatures, lord Coke, (4 Inst. 95), observes 'So these Articles began to be subscribed by sir Thos. More, lord chancellor, and ended with the two judges of the law.'

insomuch, that he wrote to the king, humbly, as on his knees, with weeping eyes, that the college of Oxford might stand, and importuned Cromwel to this purpose, since they are in a manner, saith he, Opera manuam tuarum. But Cromwel returned him no comfort herein, saying, the king was determined to dissolve them, though whether he meant to restore them again, and found them in his own name, he knew not; but wishes him to be content, &c.' howsoever, in the traffick of these and other lands, as well as negociating his masters business, Cromwel shewed that dexterity, which at last won him much credit, both with the king and his principal counsellors. And now the cardinal being commanded to York, had no excuse for retarding his journey, but want of means, which also he signified to the king; who thereupon sent him a thousand pounds, with which and a train, reduced now to about 160 persons, he set forth, giving by the way much alms, and not a few other arguments of devotion, which also made him gracious with the people, who resorted from all places adjoining, to him. And thus with slow and unwilling removes, he came to Cawood castle near York, about the end of Sept. 1530, where he prepared according to the antient custom, to be installed with much ceremony about a month after; all access to the choire, being till then forbidden. But whether the solemnity of this action was thought by our king to be unreasonable, and misbecoming one in disgrace; or that otherwise the cardinal had cast forth some discontented words, which were related again to the king; here certainly began his final ruine. Which, as his enemies (at this distance) did with more boldness and advantage procure, so had he less means to repair himself. Insomuch, that without being able to discover or prevent their machinations, he was forced to suffer all that could be either truly, or almost falsly surmised against him.

These Articles being agreed to by the whole house were presented to the king by the lords, and then sent down to the lower house: where Tho. Cromwel (obtaining the place of a burgess) so wittily defended the cardinal his master, that no Treason could be laid to his charge. Yet could not the resisting of this brunt, nor even the gracious Messages received frequently from the king, chear up the cardinal. For as he found the Pope had now a long while neglected to give the king any satisfaction, which certainly was the only way to procure the cari dinal's restitution, and that, for the rest, no evident sign of the king's relenting appeared, so being not able to support any longer his many afflictions, he fell dangerously sick. The news whereof being brought to the king's ears, moved so much compassion, as not only he, but, by his intreaty, mistress Anne Bolen, whom the cardinal had in vain importuned to intercede for him, also sent him several tokens; whereof one was a ruby, wherein the king's image was curiously engraven, a gift heretofore of the cardinal's, together with a gracious message delivered by Dr. Butts, his physician; That his highness was not angry with him in his heart, which he should know shortly.' Whereupon the cardinal recovered his health, for the king, so confirming his promises, sealed his pardon, Feb. 12, and three days after, by letters patents, restored him to the archbishoprick of York. Moreover, he sent him money, plate, rich hangings, and furniture for his house and chapel, in that quantity, as the cardinal was for the present much recovered: hoping also, that since he had resigned his house called York-house, but afterward by the king styled the Mannor of Westminster, now Whitehall, that his punishment ended there, and himself now upon terms of regaining the king's favour. The confidence whereof also made him to be an humble suppliant to the king, that, for his health's sake, he might have leave to remove to Richmond-Neither had he other hope, but that the punishhouse, the use of which he had received in exchange from the king, for that his sumptuous palace which he built, and called by the name of Hampton-court.

The Cardinal sent to his Bishoprick of York. And now Cardinal Woolsey, it seems, had tried bis utmost skill for recovering of the kings favour; whereof also some hope was given him in his being permitted to remove to Richinond. But as his enemies suspected he would make use of this nearness, to obtain ac cess to the king, so they laboured instantly to send him to the north. Wherein they prevailed at length, obtaining further, that the Revenues of the bishoprick of Winchester, and abbey of Saint Albans, as also some other places of his, forfeited by the Præmunire, might be applied in part to the kings servants; a pension only out of Winchester, being reserved to the cardinal. The revenues also of his two colleges were torn and divided, which grieved him more than any other affliction:

ments he had already endured, might be accepted as an intire satisfaction for all his offences. The Cardinal is arrested in York, of High Treason.

And now his stallation grew near, when the earl of Northumberland, warden of the marches, with one sir Walter Welsh, gentleman of the kings privy chamber, came by the kings command to Cawood, to arrest the cardinal, wherein he used that diligence and secresie, that he had placed his guards in the hall, before any escaped to advertise the cardinal thereof. Neither did he, at the earls coming up stairs, receive him in other terms than those of a guest, till entring into a private chamber together, the earl in a low and troubled voice arrested him of High Treason. The dismayed and pensive cardinal stayed a while before he answered, but at last recovering his spirits, demanded the sight of the earls commission, protesting that otherwise he would not obey; urging further, that he was a member of the

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Kingston came again to comfort him, but the cardinal, finding now that death would discharge him of all Trials, but that before God, spake to this effect:

college of cardinals at Rome, and so excempt from all princes jurisdiction. But while the earl replied, that he might not shew his commission, sir Walter Welsh, who had now arrested Dr. Augustine the cardinals physician, comes in, and confirms what the earl had said. The cardinal believing, by this time, that they were in good earnest, yields to sir Walter Welsh, as the kings servant, and not to the earl; to whom he said he would not submit himself, before he was better satified of his authority. Which whether he did out of stubbornness to the earl, who had been heretofore educated in his house, or out of despight to mistress Anne Bolen, who (he might conceive) had put this affront upon him, in finding means to employ her antient sutor to take revenge in both their names, doth not appear to me by my author. Howsoever, he protested he was no way faulty in his allegiance. Dr. Augustine, whose offence yet doth not appear to me, was dispatched to London, in the posture of a traitor, his legs tied to his horse. But the cardinal had some respite; though yet commanded to prepare for his journey; which he began at length in that deliberate manner, that if he removed slowly before from the king, he moved now more slowly to him. Insomuch that had not the earl of Shrewsbury, to whom, being the steward of the kings houshold, the earl of Northumberland was commanded to deliver him, till the kings further pleasure were known, told him, that the king commanded he should be used kindly, as one whom he highly favoured; it is probable, that the afflicted cardinal would have fallen under the burthen of his own griefs. Furthermore, the earl assured him on the king's part, that, though his highness could do no less than put him to his Trial, yet that it was more for the satisfying of some persons, than out of mistrust of his traiterous doings.

The Cardinal's lust Speech, and Death. And thus at Sheffield castle, he staid a fortnight, when a wind-colick, which ended in a dysentery, took him. In which state, sir Wm. Kingston, captain of the king's guard, and constable of the Tower, attended with 24 yeomen of the guard (all of them formerly servants to the cardinal) did find him. So that, notwithstanding the many incouragements of the earl, seconded by sir Wm. Kingston (who on his knees saluted him) the cardinal remained still sick and comfortless. Neither did it avail him, that sir Wm. Kingston (on the king's part) gave him many gracious words, adding furthermore, that he should make no more haste that stood with his health and convenience. For the cardinal became still more and more dejected. Notwithstanding, as he considered that delay would but argue guiltiness, so he proceeded in his journey the best he could, till he came to Leicester abbey, where a feever, complicate with his former disease, seizing on him, he languished, not without manifest signs of his end. Being thus upon his bed, sir William

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Had I served God as diligently as I have 'done the king, he would not have given me over in my gray hairs; but this is my just re'ward. Notwithstanding, I pray ye commend me most humbly to the king, desiring him to 'call to remembrance all matters that have ( past betwixt us, and specially about queen 'Catharine, and then shall his grace know whether I have offended him. He is a prince of royal courage: but rather than he will want or miss any part of his will or pleasure, he will endamage the loss of one half of his realm. 'For, I assure you, I have often kneeled before him, sometimes the space of three hours, to persuade him from his will and appetite, but could never dissuade him from it. There'fore master Kingston, I warn you, if ever you 'be of his council (as for your wisdom you are meet) that ye be well assured and advised what you put in his head, for you shall never put it out again.'

After which words, as Cavendish hath them, he began an exhortation to take heed of the Lutherans, by the example of those of Bohemia, lest they should likewise subvert the secu lar power.' But as in the prosecuting of this discourse his speech failed him, so did his breath presently after, insomuch that he died, and was buried there in the Abbey Church, Nov. 30, before day. And not, where he had begun a monument for himself, long since, wherein as appears by our Records he had not omitted his own image, which one Benedetto, a statuary of Florence, took in hand 1524, and continued till 1529, receiving for so much as was already done 4250 ducats. The design whereof was so glorious, that it exceeded far that of Henry 7. Nevertheless, I find the cardinal, when this was finished, did purpose to make a tomb for Henry 8, but dying in this manner, king Henry made use of so much as he found fit, and called it his. Thus did the tomb of the cardinal partake the same fortune with his college, as being assumed by the king; both which yet remain still imperfect. The news of the cardinal's death being brought to our king, did so much afflict him, that he wished it had cost him twenty thousand pounds upon condition he had lived. Howbeit he omitted not to enquire of about one thousand and five hundred pounds, which the cardinal had lately got without that the king could imagine how. So that, till it appeared he borrowed it of divers persons, he might perchance suspect it to be the remainder of some of his ancient acquisitions.

And thus concluded that great cardinal. A man in whom ability of arts, and industry were equally eminent, though, for being employed wholly in ambitious ways, they became dangerous instruments of power in active and mutable times. By these arts yet he found means to govern not only the chief affairs of

home. Wherewith again he so served the king's turn, as it made him think the less of using his own authority. One error seemed common to both, which was that such a multiplicity of offices and places were invested in him. For as it drew much envy upon the cardinal in particular, so it derogated no little from the regal authority, while one man alone seemed to exhaust all. Since it becometh princes to do like good husbandmen when they Sow their grounds, which is, to scatter, and not to throw all in one place. He was no great dissembler, for so qualified a person; as ordering bis businesses for the most part so cautious

this kingdom, but of Europe; there being no potentate, which, in his turn, did not seek to him; and as this procured him divers pensions, so, when he acquainted the king therewith, his manner was, so cunningly to disoblige that prince who did see him last, as he made way thereby oftentimes to receive as much on the other side. But not of secular princes alone, but even of the pope and clergy of Rome he was no little courted; of which therefore he made especial use, while he drew them to second hiin on most occasions. His birth being otherwise so obscure and mean, as no man had ever stood so single for which reason also, his chief endeavour was not to displease anyly, as he got more by keeping his word than by great person, which yet could not secure him against the divers pretenders of that time. For as all things passed through his hands, so they who failed in their suits generally hated him, all which, though it did but exasperate his ill nature, yet this good resultance followed, that it made him take the more care to be just; whereof also he obtained the reputation in his publick hearing of causes. For as he loved no body, so his reason carried him. And thus be was an useful minister of his king, in all points, where there was no question of disserving the Roman church; of which (at what price soever) I find he was a zealous servant; as hoping thereby to aspire to the papacy, whereof (as the factious times then were) he seemed more capable than any, had he not so immoderately affected it. Whereby also it was not hard to judge of his inclinations. That prince, who was ablest to help him to this dignity, being ever preferred by him, which therefore was the ordinary bait by which the emperor and French king one after the other, did catch him. And, upon these terms, he doubted not to convey vast treasures out of this kingdom, especially unto Rome, where he had not a few cardinals at his devotion. By whose help, though he could not obtain that supreme dignity he so passionately desired, yet be prevailed himself so much of their favour, as he got a kind of absolute power in spiritual matters at

breaking it. As for his learning, (which was far from exact) it consisted chiefly in the subtilities of the Thomists, wherewith the king and himself did more often weary than satisfy each other. His style in missives was rather copious than eloquent, yet ever tending to the point. Briefly, if it be true (as Polydore observes) that no man ever did rise with fewer virtues, it is as true, that few that ever fell from so high a place had lesser crimes objected against himThough yet Polydore (for being at his first coming into England committed to prison by him, as we have said) may be suspected as a partial author. So that in all probability he inight have subsisted longer, when either his pride and immense wealth had not made him obnoxious, and suspected to the king, or that other than women had opposed him: Who as they are vigilant and close enemies, so for the most part, they carry their businesses in that manner, they leave fewer advantages against themselves, than men do. In conclusion, as I cannot assent to those who thought him happy for enjoying the untimely compassion of the people a little before his end, so I cannot but account it a principal felicity, that during his favour with the king, all things succeeded better than afterwards, though yet it may be doubted whether the impressions he gave, did not occasion divers irregularities which were observed to follow.

30. The Trial of Sir THOMAS MORE, knight, Lord Chancellor of England, for High Treason, in denying the King's Supremacy: 26 Henry VIII. A. D. 1535. [Hall. Lord Herbert's Life of Hen. VIII. More's Life of Sir Thomas More.]

A BILL being preferred in parliament, Nov. 1534, to attaint Elizabeth Barton, and several others, of High-Treason, bishop Fisher and sir Thomas More were also brought into it for Misprision of Treason for the refusing of the Oath of Succession-says my lord Herbert. The same author avows the Bill did so pass; but sir Thomas's great-grandson, in his Life, shews the contrary, and that notwithstanding the archbishop of Canterbury, the lord chancellor, duke of Norfolk, and secretary Cromwell, by the king's command, went to him and

VOL. I.

pressed him to a compliance, yet the chancellor influenced the king so far, that the matter of Misprision was dropt.-Sir Thomas, was also examined at other times by the lord chancellor, dukes of Norfolk and Suffolk, Mr. Secretary, and others of the privy-council, who pressed him, with all the arguments they could think of, to own the king's Supremacy in direct and open terms, or plainly to deny it; but he being loth to aggravate the king's displeasure, would say no more than that the Statute was like a two-edged sword, for if he spoke against

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