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.-35. 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 2004. 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 scmblable manner used your seal standing said two bishops in that behalf, expresly inhi- 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 he hath reputed himself to be equal with your royal majesty.-40. Also, the said lord cardinal, of his further pompous and presumptuous mind, hath enterprised to join and imprint the cardinals hat under your arms in your coin of groats, made at your city of York, which like deed hath not been seen to have been done by any subject within your realm before this time. 41. Also, where one sir Edward Jones, clerk, parson of Crowley in the county of Buckingham, in the 18th year of your most noble reign, let his said parsonage with all tythes, and other profits of the same to one Wm. Johnson by indentures for certain years, within which years the dean of the said cardinal's college in Oxford, pretended title to a certain portion of tythes within the said parsonage, supposing the said portion to belong to the parsonage of Chichley, which was appropriated to the priory of Tykeford, lately suppressed, where of truth, the parsons of Crowley have been peaceably possessed of the said portion, time out of mind whereupon a subpoena was directed to the said Johnson to appear before the said lord cardinal at Hampton-Court; where without any bill, the said lord cardinal committed him to the Fleet, where he remained by the space of twelve weeks, because he would not depart with the said portion; and at the last, upon a recognizance made, that he should appear before the said lord cardinal wheresoever he was commanded, he was delivered out of the Fleet. Howbeit, as yet the said portion is so kept from him, that he dare not deal with it.-42. Also, where one Martin Docowra had a lease of the mannor of Balsal in the county of Warwick, for term of certain years, an injunction came to him out of the Chancery, by writ, upon pain of 1000/. that he should avoid the possession of the same mannor, and suffer sir Geo. Throgmorton, knt. to take the profits of the same mannor, to the time the matter depending in the Chancery between the lord of St. Johns, and the said Docowra were discust; and yet the said Docowra never made answer in the Chancery, never was called into the Chancery for that matter. And now of late he bath received the like injunction, upon pain of 2000l. contrary to the course of the common law. 43. Also, whereas in the parliamentchamber, and in the open parliament, communication 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 * "Subscribed the 1st day of December, the 21st year of the reign of our sovereign lord king Henry 8. T. More, T. Norfolk, Char. Suffolk, Tho. Dorset, H. Exeter, G. Shrewsbury, K. Fitzwater, Jo. Oxenford, H. Northum land, T. Darcy, T. Rochford, W. Mountjoy, Wm. Sandys, Wm. Fitz-William, Henry Guldeford, 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. Neither had he other hope, but that the punishments he had already endured, might be accepted as an intire satisfaction for all his offences. The Cardinal is arrested in York, of High Treason. 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 cardinal'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 Richmondhouse, 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 his utmost skill for recovering of the kings favour; whereof also some hope was given him in his being permitted to remove to Richmond. 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: 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 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: '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 reward. Notwithstanding, I pray ye commend me most humbly to the king, desiring him to 'call to remembrance all matters that have 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.' 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 Waiter 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 au-past betwixt us, and specially about queen thority. 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, After which words, as Cavendish hath them, that if he removed slowly before from the he began an exhortation to take heed of the king, he moved now more slowly to him. In- Lutherans, by the example of those of Bohesomuch that had not the earl of Shrewsbury, mia, lest they should likewise subvert the secuto whom, being the steward of the kings lar power.' But as in the prosecuting of this houshold, the earl of Northumberland was discourse his speech failed him, so did his commanded to deliver him, till the kings fur- breath presently after, insomuch that he ther pleasure were known, told him, that the died, and was buried there in the Abbey king commanded he should be used kindly, as Church, Nov. 30, before day. And not, where one whom he highly favoured; it is probable, he had begun a monument for himself, long that the afflicted cardinal would have fallen since, wherein as appears by our Records he under the burthen of his own griefs. Further- had not omitted his own image, which one more, the earl assured him on the king's part, Benedetto, a statuary of Florence, took in hand that, though his highness could do no less than 1524, and continued till 1529, receiving for so put him to his Trial, yet that it was more for much as was already done 4250 ducats. The the satisfying of some persons, than out of mis- design whereof was so glorious, that it exceeded trust of his traiterous doings. 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. The Cardinal's last 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 W. Kingston (on the king's part) gave him many gracious words, adding furthermore, that he should make no more haste than stood with his health and convenience. For the cardinal became still more and more dejected. Notwithstanding, as he considered that delay would And thus concluded that great cardinal. A but argue guiltiness, so he proceeded in his man in whom ability of arts, and industry were journey the best he could, till he came to equally eminent, though, for being employed Leicester abbey, where a feever, complicate wholly in ambitious ways, they became danwith his former disease, seizing on him, be langerous instruments of power in active and guished, not without manifest signs of his mutable times. By these arts yet he found ad. Being thus upon his bed, sir William means to govern not only the chief affairs of : 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 him on most occasions. Ilis birth being otherwise so obscure and mean, as no man had ever stood so single for which reason also, h's chief endeavour was not to displease any 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 he 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 he prevailed himself so much of their favour, as he got a kind of absolute power in spiritual matters at 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 his businesses for the most part so cautiously, as he got more by keeping his word than by 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 bad lesser crimes objected against himThough yet Polydore (for being at bis 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 might 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 2 c |