No More Learning

upon the suit Parliament the king for the establishing
the Succession the crown (the uncertainty whereof hath caused heretofore great division
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365] STATE TRIALS, 19 HENRY VIII. 1528. -Divorce of Catharine of Arragon. [366
tioned) and for more auothorising his Sentence, body your realm gathered together par made the emperor executor thereof, hoped now liament, hath for the establishment this to have his revenge, but he was deceived. For issue, your dearest wife queen Anne, and though the emperor did accept this over the Succession coming this Marriage, made
sake, against
ture, for his aunt queen Catharine's and Acts and Ordinances them that
the hope he had to dispose of the princess Mary, would word deed withstand them, and as inheritrix of the crown, yet as he had deeper that for these purposes, we were sent her designs, in aspiring to the conquest of Italy, grace, the intent she might understand the
and indeed to an universal monarchy, he was true purpose these Acts, with the pains; no less glad of the occasion to take off our lest ignorance she should fall any king from the Pope ; howsoever each side pre them, and declared the Act. Which thing pared for war. The emperors intention was, being thus declared her, she being there with to give the princess Mary to some one, who great choler and agony, and always inter upon her title might pretend to the crown, rupting our words the aforesaid points, whom therefore he promised to second. Our made these Answers following. To the first, king and Francis not ignorant of the emperor's that she took the Matrimony between your designs, agreed on the other side, partly to highness and her for good, and always would
join with the duke of Gueldres for invading the account herself your highness's lawful adjoining territories to France, and partly to wife, which opinion she said she would con renew the ancient claim to Navarre, and assail tinually, till death, persist. To the second,
the emperor in those quarters. Yet neither she utterly denied that ever carnal knowledge did that of the emperor take effect, because was had between her and prince Arthur, and there was no means to recover the person of that she would never confess the contrary, and the princess Mary. Nor this of our king's, be with loud voice when mention was made of cause Francis employing his thoughts wholly that point, she said they lied falsely that
on the affairs of Italy, did not think said. To the third, she answered, that she comply openly with one against whom the Pope not bound stand that Divorce made had fulminated. Howbeit, our king for defence my lord Canterbury, whom she called
his authority and second Marriage, neg shadow, and that although had given Sen lected not to obtain from the parliament con tence against her, yet the Pope had given Sen firmation thereof, and the Succession tence with her, whom she took for Christ's vi that line, (as mentioned before;) sending also car, and therefore would always obey him,
queen Catharine Bugden near Hunting his faithful daughter. To the fourth, she ans don, sequence thereof, Edward Lee, abp. wered, that she would never leave the name York, and Cuthbert Tonstall, bishop Du queen, and she would always take herself for resme, signify unto her, that took your highness wife. To the fifth, she said that that she still claimed the title Queen, &c. this Marriage, made after her Appeal, which the passages which negociation have thought she made your highness leave and consent,
transcribe out the Original Record, of no value. To the sixth, she answered, that containing many material points concerning she not bound the acts the parliament. the whole frame of the business. for much she your highness wife, and
Their Letter the King, was this
“Please your highness understand, that jects your favour, your highness being party
this day we repaired the princess Dowager,
and there the abp. York, for introduc tion declare her the effect of our commis
sion, said her; That your highness had often sent her divers your council, and
amongst them me, one, declare unto her the invalidity the Marriage, between your high
ness and her; That carnal knowledge, which the great key the matter, sufficiently
this matter; with divers other unseeming words. Unto which her Answer the bishop Duresme replying, forasmuch she had
said her communication, that both and the residue her council had always shewed unto her, that her matter just and good; said, that the question whereupon we were con
sulted such time the legates were here, depended only upon the validity the Bull
proved the law, also some that were and Breve, albeit said, that sith that time
the council avow That upon proof sufficiently made carnal knowledge, Divorce
was made between your highness and her; That upon Divorce made lawful Sentence, she was admonished leave the name of
queen, and not account call herself here after your highness wife; How that after your highness was discharged the Marriage
divers other questions had risen and been de bated many Universities, the chief Christendom, which one was Bononia, the Pope's own town and them concluded, that after the decease of the brother, who had had carnal knowledge with his wife, the brother living might not marry the said wife any dispensation the Pope, because was for
made with her, you contracted new Marriage bidden the law God. And forasmuch with your dearest wife queen Anne; That the Pope (albeit the said conclusions, have
for much as, thanked God, fair issue already sprung this Marriage, and more likely syllow, God's grace, that the whole
been learned men sent from your highness, declared unto him) never made answer maintain lawfully his power the contrary,
not subject your highness, and also because
these Acts were made by, your highness sub
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367] STATE TRIALS, 20 HENRY VIII. 1529. —Proceedings against
[363
but rather in confirmation of the Opinions of Almighty God long preserve much ho
the said Universities, said at Marseilles, that nour, his pleasure, and your hearts desire.
if your grace would send a Proxie thither, he At Huntington, the day May. By your
would give the Sentence,for your highness highness most humble subjects, servants and
against her, because that he knew that your Cause was good and just, which his saying was accordingly also to an Epistle Decretal sent
cinaplains, Edova Rd Ebor, Cuth BERT DU REs Me. ”
Queen Catharine, (as the king commanded hither by the legat Campejus, whereof the ef her called) the Princess Dowager, finding fect was, that if marriage and carnal know now assistance but spiritual from the Pope, lege were had betwixt prince Arthur and her, nor reparation procured the emperor but
the legates should pronounce for the Divorce, incertain and slow, and for the rest grieving according whereunto proofs were brought in the prosperity and fruitfulness queen Anne before the legats, and also since, before the (now with child again, whereof yet she miscar convocations of this realm, and the bishop of ried) fell into her last sickness Kimbolton Canterbury, and by them allowed and approved Huntingdonshire, the 50th year her age, as sufficient and lawful: whereby doth plainly and the three and thirtieth since her coming appear, that the Sentence given, by the Pope into England; during which time, though com to the contrary was not vailable, because it forted the king and Eustachio Chapuys, pronounced the Dispensation, (which he had
no power to grant, seeing it was against the law of God) to be good 3. therefore I had now changed my former opinion, and exhorted her to do the semblable, and forbear to usurp any more the name of a queen; specially for that the Sentence she sticketh so greatly unto, was
doctor both laws, and ambassador resident from Charles, she fell desperately
“My most dear Lord, King and Husband The hour my death now approaching, can given after your Grace's appeal to the council not chuse, out aut love bear you, advise
finding death now coming, she caused
maid this
attending her write the king effect:
general, and intimate to the Pope, so that it you your soul's health, which you ought could not be vailable. And that if she should prefer before considerations the world
so do, she might thereby attain much quiet flesh whatsoever. For which yet you have cast ness for herself, and her friends, and that me into many calamities, and yourself into she being conformable so to do, I doubted not many troubles. But forgive you all; and but your highness would suffer her to have pray God likewise. For the rest about her such persons as should be to her commend unto you Mary our daughter, be pleasure, and intreat her as your Grace's most seeching you good father her, dearest sister, with liberty and pleasure, have heretofore desired. must intreat you with divers other things which her much also, respect my maids, and give them enterlacing, was forced answer unto. The marriage, which not much, they being but specialties whereof, and her obstinacy, that three; and my other servants, year's she will wise, for any peril her pay besides their due, lest otherwise they life goods relinquish the name queen, should unprovided for. Lastly, make this we remit for tediousness unto the wisdoms vow, that mine eyes desire you above all and discretions my lord Chester, Mr. things. Farewell. ”
Almoner, and Mr. Redell, who like they Besides which Letter she dictated another have very substantially, wisely, and effectually Eustachius, desiring him procure that the ordered themselves the execution the emperor might put our king mind her re premises, doubt not, but that they quest, when otherwise forgot
will sincerely report the circumstances the afterwards she died. same unto your highness, whom we beseech
29. Proceedings against Thom Wols Ey, Cardinal and Archbishop York, upon Praemunire, and for other Offences: Hen. VIII. 1599. [Lord Herb. Kennett Comp. Hist. 123.
Co. Inst. 89. Cobb. Parl. Hist. 490. ]
CARDINAL Wolsey being now divested his late power (wherein had the glory, some sort, have been superior his king)
could hope for, when such puissant enemies did procure his destruction Therefore, though
received some advices from Itome, which and for the rest being left alone, and exposed might argue care rather than power for his
not only general hatred, but the private conservation, yet effect what secret intelli machinations the present and future queen, gence soever passed betwixt the pope and him, became sensible his estate; though yet came the emperor first, and after queen
did not believe himself near his over Catharine, who cunningly caused be throw, appeared afterwards. But what whispered into the king's ears, some more
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369] STATE TRIALS, 20 Henry VIII. 1520. -Cardinal Wolsey. [370
indirect ways, than could possibly imagin chamber adjoining, vast quantity other ed to proceed from her. Likewise mistress plate. All which the cardinal commanded Anne Bolen, having learned from some of the William Gascogne (his treasurer) deliver king's wisest and gravest counsellors divers the king, when was required.
malversations of the cardinal, was so far from disguising then, that she even misinterpreted
his better actions. Edmund Campion adds to these reasons, that Francis Bryan being Rome, did the means familiar one
who kept the Pope's papers, obtain Letter the cardinal's, which wrought his ruin, this
manner: Having first shewed her the cardinal's hand-writing, and then corrupted her, this
courtezan dexterously performed the rest, upon pretence visiting her servant his study, she conveyed away this letter, and gave
Bryan, who failed not immediately send
The Bill against the Cardinal.
the mean while the Bill against the cardinal proceeded, the most substantial parts whereof being extracted out the Original Record, have thought present the reader. The ground upon which Christopher Hales, the king's Attorney, prosecuted the car dinal, was statute Richard which
enacted, “That whereas the commons the realm ought right, and were wont old time sue the king's court recover their presentments churches, prebends, and other
our king. Which relation Campion, benefices holy church, which they had though will not contradict, yet suppose right present, and when judgment shall be
the more improbable, that find original given the said court upon such plea and dispatches, Bryan was come from Rome before presentment, the archbishops, bishops, and
any argument the king's disfavour the cardinal appeared. Howsoever, the way the
other spiritual persons, which have institutions such benefices within their jurisdictions,
and also unany
king took overthrow him was merely legal,
though approaching Summum Jus, after most
mens opinion. the carriage whereof yet
that secresy was used, that the cardinal did
not, perchance out greatness mind,
would not take notice of what was intended right the crown
against him. that though the Bill In ably seized,
dictment was put (at the beginning Mi his progenitors.
chaelmas term) yet did ride that day the Rome" (for
Chancery with his accustomed pomp. Of made divers processes and censures excom which our king being advertised, thought munication upon certain bishops England, forbid him the place; thinking undecent, because they have made execution such that man, who was upon terms conviction, commandments, and also because hath or should administer that high charge. Therefore dained and purposed translate some prelates the dukes Norfolk and Susielk were sent, the the realm, some out of the realm, and some
18th October, require the great seal from one bishoprick another within the said him. But the cardinal, instead rendering realin, without the king's assent and knowledge,
disputed their authority, alledging the place and without the assent the prelates, which
lord chancellor, was the king's letters shall translated; which prelates much patents given him during life. [Qu. the vali profitable and necessary our lord the king,
dity such patent, see Co. Inst. ] The and two dukes hereupon returned court, bring should
his realm which translations they suffered, the statutes the realm defeated and made void, and his said dinal, who having read them, delivered imme liege sages his council, without his assent, diately the great seal; sequence thereof, and against his will, carried away and gotten also submitting himself the king, who com out his realm, and the substance and treasure manded him leave York-Place, and simply the realm shall carried away, and the
ing the next day the king's letters the car should
depart Asher, country-house near realm destitute well of counsel as of sub Hampton-Court, belonging the bishop stance, the final destruction the same Winchester. He charged his officers also realm; and the crown of England, which inventory and bring forth his goods. Where hath been free times, that hath been upon much brave furniture made into hangings, earthly subjection, but immediately sub besides whole pieces rich stuffs were set ject God things touching the legality upon divers tables his house; the variety the same crown, and none other, should and number whereof may agined, when submitted the pope; and the laws and (as Cavendish hath fine Holland cloth statutes the said realm, him defeated and
alone there were thousand pieces. Besides, avoided
will, perpetual destruction
the king our lord, his crown, realm, &c. There--
chamber near the gollery was great cause purchased pursued, the court cupboard plate, inassy gold; and Rome, elsewhere, any Translations, Pro
the sovereignty regality, and
on the other side was placed the most glorious
suit copes that had been seen England. established, that, any purchase pursue,
the walls his gallery the one side, were hanged with rich suits cloth gold, cloth
silver, cloth tissue, and cloth bodkin
fore the king,
WOL.
bound, and have made execution ments the king's commandments, time aforesaid, without interruption,
termed the act) had
the assent his lords, and the request the commons, hath ordained and
such judg the
bound right other the king's
make execution commandments:
which England hath becom peace
well now, the time all And whereas the bishop
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so I j STATE TRIALS, 20 HENRy VIII. 1529. —Proceedings against [372 cesses, and Sentences of Excommunication, chattels forfeit, and that his person might
Bulls, Instruments, or other things whatsoever,
which touch the king, against bim, his crown,
and regality or realm, and they which bring
within the realm, or them receive, or make
thereof notification, or any other execution
whatsoever within the same realm or without ; produced against the Cardinal, namely, that that they, their notaries, procurators, main contrary the right the true patron (being tainers, abettors, fautors and counsellors, shall the master and fellows the hospital St. be put out of the king's protection, and their Lazarus Burton-Lazar), had, the same lands and tenements, goods and chattels, forfeit authority, given away the parish-church
to the king, and that they be attached by their Galby Leicestershire, and diocess Lincoln
him
with hands.
that
Upon which statute it was alledged, “That some use thereof the general, called Thomas, legatus de latere, cardinal, archbishop Council the nobles, the Star-Cham of York, and primate of England, being not ber, who having sufficiently condemned him, ignorant of the premises, bad obtained certain afterwards remitted him the Parliainent,
bodies if they may be found, and brought before
the king and his council, there to answer to the
cases aforesaid, or that process be made against
them by a writ of Pramunire facias, in manner
as it is ordained in other Statutes of Provisors,
and other, which do sue in any other court, in de
rogation of the regality of our lord the king. ”— the Cardinal's punishment, unless made
i.
jurisdiction and authority legatine, to the de king also did wisely, since interesting the privation of the king's power established in his publick his condemnation, both declined courts of justice; which said Bulls he caused the censure those who thought the late Pro to be publicly read in Westminster, (Aug. 28, ceedings have been the severest, and en
from Clement
7, by
which he exercised which
began
November 1529. Wherein the
seized on. ”
The Cardinal condemned the Star Chamber.
Not contented herewith yet, another proof the same kind was the king's attorney
(then, vacant the death one Woodroff) one John Allen, doctor both laws, and placed
it. —And thus fell the Cardinal, together his vast possessions, into the king's
But the king did not think enough had particularly advantaged himself
1523) assuming to himself thereupon the dig. deared his people putting the power
nity and jurisdiction of Legatus de Latere, punishing him into their hands. Therefore which he hath exercised from the said 28th of they . # intire satisfaction for they
Aug to this day, to the prejudice of the right had hitherto suffered and applauding
of both secular and ecclesiastical persons, and the king, made him know how thankfully they that by colour thereof, he had given away the took this favour. And thus did the king return Church of Stoke-Guildford in the county of that former good opinion had his
Surrey (being ofright in the donation of the subjects.
prior of St. Pancrase) to one James Gorton, who also enjoyed it accordingly. All which
was to the contempt of the king and his crown,
and contrary to the aforesaid statutes of 16
Rq. 2. Moreover that, by colour of the said
nuthority, he had caused the last Wills and ginal whereof, found among our Records, Testam, nts of many (out of his diocess) to be have thought transcribe and the rather cxhibited and proved in his court, and their for that our vulgar Chronicles inisreport them. goods and chattels to be administered by such “Constrained necessity our fidelity as he appointed. Also that, under colour of and conscience, complain and shew your the said authority, he had made divers visita royal majesty, we your graces humble, true, tions out of his diocess, and drawn divers Pen faithful, and obedient subjects, That the lord sions from Abbeys, to the contempt of the king Cardinal York, lately your graces chan and his laws. ” cellor, presuming take upon him the autho
The proofs of which particulars, though evi rity the Popes Legat latere, hath
dent and notorious, were not yet urged to his divers and many sundry ways and fashions conviction, till, through the king's special per committed notable, high, and grievous Offences,
mission (by writ of October 28. ) John Scuse misusing, altering, and subverting the order of
and Christopher Genney appeared in court as
his Attorneys; where, for other Answers,
they protested the said cardinal's name, that the said cardinal did not know the impetration
the said Bulls have been the contempt and prejudice the king, that was against
any Statute Provisors heretofore made. As graces realm, for the particulars wherewith was charged particularly
Attorney, comparison * master confest them true which but few his
the manner and forum alledged and sub enormities, excesses, and transgressions com mitted himself the king. Whereupon the mitted against your graces laws. That
sourt gave Sentence, that “he was out the say, - king's protection, and his lands, goods, and First, where your grace, and your
ART1cLEs preferred against the Cardinal Parliament.
Hereupon, certain Articles against the Car dinal were preferred parliament. The ori
your graces laws, and otherwise contrary your high honour, prerogative, crown, estate, and dignity royal, the inestimable damage your graces subjects every degree, and con sequently the great hindrance, diminution, and decay
the universal wealth this your touched summarily and
certain Articles here following;
to 1.
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of
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573] STATE TRIALS, 20 HENRY VIII. 1529. --Cardinal Wolsey. [374
progenitors within this your realm of England, the surety and wealth this realm, the same being kings of England, have been so free, that lord cardinal knowing himself have the foul they have had in the world other sove and contagious disease the great pox, broken
reign, but immediate subject Almighty God, out upon him divers places his body, things, touching the regality your came daily your grace, rowning your ear,
crown England, and the same pre-eminence, prerogative, jurisdiction, lawful and peaceable possession, your grace, and your noble proge nitors have had, used, and enjoyed without interruption, business therefore, the space 200 years and more; whereby your
and blowing upon your most noble grace with
his perilous and infective breath, the marvel ous danger your highness, God his in
finite goodness had not better provided for your highness. And when was once healed them, made your grace believe that his
grace inay prescribe against the Popes Holi disease was impostume his head, and ness, that should not, nor ought send, none other thing. —7. Also, the said lord car
execute any authority lega dinal, authority legatine, hath given, by your graces prerogative within prevention, the Benefices divers persons,
make any legat
time, contrary
this your realm.
York being your subject, and natural liege born, hath his high, orgullous, and insati able mind, for his own singular advancement and profit, derogation, and the great im blemishment and hurt your said royal juris diction, and prerogative, and the large conti nuance the possession the sane, obtained authority legatine, reason whereof hath
only hurt your said prescription, but also by the said authority legatine hath spoiled and taken away from many houses religion this your realin, much substance their goods; and also hath usurped upon your Ordinaries within this your realm much part their juris diction, derogation your prerogative, and
the great hurt your said ordinaries, pre lates, and religious. —2. Also, the said lord cardinal, being your ambassador France,
made Treaty with the French king for the Pope, your majesty not knowing any part there
well spiritual temporal; contrary your crown and dignity, and your laws and estatutes
Now the lord Cardinal
therefore provided; danger your grace
reason whereof
wise than true counsellor ought do, hath used have all ambassadors to come first to
him alone, and hearing their charges and intents thought hath in-tructed them after his pleasure and purpose, before that they came your presence; contrary your high commandment your graces mouth him given, and also other persons sent
him your grace. —9. Also, the said lord Car dinal hath practised so, that manner Let
ters sent from beyond the sea your highness have come first his hands, contrary your
high commandment your own mouth, and also others sent him your grace; reason whereof your highness, nor any your
council had knowledge matters, but such pleased him shew them whereby your
highness and your council have been compelled very force follow his devices, which often
forfeiture lands and your pleasure—8. Also, the said lord cardinal, taking upon him other
goods, and body
of, nor named French king controversy
the same; and binding the said abide his order and award, any doubt should arise upon the same betwixt the said Pope and the French king. —
Also, the said lord cardinal, being your am times were set forth him under such crafty bassador France, sent Commission sir and covert means, that your highuess and your Gregory Casalis, under your great seal, council have oftentimes been abused. Inso
your graces name, Amity with the duke
conclude Treaty much, that when your council have found, and Ferrara, without any put divers doubts and things which have after your highness, nor wards ensued, abuse them used these
command warrant
your said highness advertised made privy
of
words; will lay my head that such thi
happen. ’—10. Also,
shall the said lord cardina
hath practised that manner person, hav
ing charge make espial things done beyond
the sea, should their return come first
your grace, nor any other your council,
but only himself, and case they did the contrary, punished them for doing. —11.
the same. —4. Also, the said lord
his presumptuous mind divers and many his Letters and Instructions sent out of this
realm outward parties, had joined himself with your grace, saying and writing his
said etters and Instructions; “The king and And, would should thus. The
ğ.
king and give unto you our hearty thanks. ’ Also, the said lord cardinal hath granted Li Whereby apparent that used himself cense under your great seal for carrying out more like fellow your highness, than like grain and other victual, after the restraint hath
-subject. —5. Also, where hath ever been ac been made thereof, for his own lucre, and sin
customed within this your realm, that when gular advantage him and his servants, for noblemen swear their household servants, send thither he bare secret favour, without
the first part their oath hath been, That they your graces warrant knowledge thereof— should true liegemen the king and his 12. Also, the said lord cardinal used, many heirs kings England; the same lord cardinal years together, not only write unto your caused his servants only sworn him, ambassadors resident with other princes his
there had been sovereign above him. — own name advertisements concerning your And also, whereas your grace our so graces affairs, being their charge; and
vereign lord and head, whom standeth the same his Letters wrote many things his
6. if
3.
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375] STATE TRIALS, 20 HENRY VIII. 1529. —Proceedings against [376
own mind, without your graces pleasure being executors, refuse meddle. —18. Also, the known, concealing divers things which had been said lord cardinal constrained all ordinaries necessary for them to know ; But also caused England yearly compound with him, else them to write their Advertisements unto him : will usurp half the whole their juris and of the same Letters he used to conceal for diction prevention, not good order
the compassing of his purposes many things the diocess, but extort treasure for there both from your other counsellors, and from never poor arch-deacon England, but yourself also. -13. Also, where good hospitality that paid yearly him portion his
hath been used kept houses and places living. —ig. Also, the said lord cardinal hath Religion this realm, and many poor people not only his untrue suggestion the Pope,
thereby relieved, the said hospitality and relief shamefully slandered many good religious now decayed and not used; and com houses, and good virtuous men dwelling
monly reported that the occasion thereof because the said lord cardinal hath taken such
then, but also suppressed reason thereof above houses religion; and where, by
so
such religious houses, such yearly and con number: and thereupon hath caused divers
impositions the ruiers the said houses,
authority his Buil, should not suppress
any house that had more men reli-ion in riors, for his visitation, his authority number, above the number hath
well for his favour making abbots, and
and yet, nevertheless, taketh yearly suppressed divers houses that had above the
tinual charges, they not able keep hos offices found verdict, untruly, that the pitality they used do; which great religious persons, suppressed, had volunta
many vagabonds, beg rily forsaken their said houses, which was un gars and thieves. —14. Also, where the said trüe, and hath caused open perjury
cause that there
lord cardinal said, before the suppression committed, the high displeasure Almighty such Houses hath suppressed, that the God. —20. Also, the said lord cardinal hath
possessions them should set farm examined divers and many matters the among your lay-subjects, after such reason Chancery, after Judgment thereof given the
laws; and
have been put from their lawful possession their lands and tenements. And, such means, hath brought the more party the
able yearly rent they should well thereupon common law, subversion your
live, and keep good hospitality; and now the made some persons restore again
demain possessions the said houses, since party condemned, that they had
the suppression them, hath been surveyed, virtue the Judgment the common law. mete, and measured the acre, and now –21. Also, the said lord cardinal hath granted set above the value the old rent; and also many injunctions writ, and the parties never such were farmers covent-seal, and called thereunto, nor hill put against them. copy-holders put out, and moved their
farms, else compelled pay new fines, con
trary equity and conscience. —15. Also, the said lord cardinal, sitting among the lords,
And, reason thereof, divers your subjects
and other your most honourable council,
used himself that any man would shew his
mind according his duty, contrary the
opinion the said cardinal, he would take wrongs. —22. Also, the said lord cardinal,
him with accustomable words, that they were better hold their peace than speak, that would hear man speak, but one
augment his great riches, hath caused divers pardons granted the Pope suspended, which could not be revived till that the said lord cardinal were rewarded, and also have
two great personages, that would have
all the words himself, and consumed much time yearly pension the said pardon. —23. Also, with fair tale. —16. Also, the said lord cardi the said lord cardinal, not regarding your laws
nal his ambition and pride, hath hindered nor justice, his extort power, hath put out
and undone many your poor subjects for want dispatchment matters; for would no man should meddle but himself. Inso.
divers and many farmers his lands, and also patents the archbishoprick York, and bi shoprick Winchester, and the abby St.
much, that hath been affirmed many wise Albans, which had good and sulficient grant men, that ten the most wise, and most ex thereof your laws. -24. Also, the same lord
pert men England, were not sufficient cardinal many times when any houses re convenient time order the matters that he ligion have been void, hath sent his officers
would retain himself: and many times thither, and with crafty persuasions hath in deferred the ending matters, because that duced them compromit their election him. sutors should attend and wait upon him, where And that, before ere named confirmed
might
had small pleasure that house any them, and his servants received replenished with sutors. -17. Also, much great goods them, that manner
the said lord cardinal, his authority lega hath been the undoing the house. —25. time, hath used, any spiritual man having any Also, his authority legatine, the same lord riches substance, deceased, hath taken cardinal bath visited the most part the reli their goods his own; reason whereof gious houses and colleges this your realm, their Wills not performed and one mean hath taken then the twenty-fifth part
had, put them fear that were made their livelihood, the great extortion your
sutors this your realm before himself, where and divers his servants have gotten much riches, and your subjects suffered great
the other execution
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377 STATE TRIALS, 20 HENRY VIII. 1529. —Cardinal Wolsey. [375
subjects, and derogation of your laws and pre which ready 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 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 your graces price under, though for your judges, and expressly by threats com had been for your grace, which contrary manding them to defer the Judgment, to the the laws. -34. Also, the said lord cardinal evident subversion of your laws, if the judges hath misused himself your most honourable would so have ceased. —27. Also, whereas nei court, keeping great estate there ther the bishoprick of York, nor Winchester, your absence, your grace would have done,
nor the abby of St. Albans, nor the profit of you had been there present your own per his legation, nor the benefit of the chancery, son. —35. Also, his servants, virtue your nor his great pension out of France, nor his commission under your broad seal him
wards, and other inordinate taking could not suffice hita, he hath made his son Winter to spend 2700l. by the year, which he taketh to his own use, and giveth him not past 200l. yearly
them given, hath taken cattel, and other victual, low price your purveyors have done for your grace your prerogative, against the laws your realm. --36. Also, where
to live upon. —28. Also, where the said lord hath been accustomed that your purveyors for
St. Albans 300
suffered
be hurt offended; and upon that condition, Star-Chamber, that they nor other for them
other, was admitted your grace should make labour, legate within this your realm, which con directly indirectly, dition he hath broken, well known all your gracious favour
cardinal did first sue unto your grace to have
your assent to be legate de latere, he promised
and solemnly protested before your majesty,
and before the lords both spiritual and tempo the lord cardinal had the room
ral, that he would nothing do or attempt by your said purveyors could not
virtue of legacy, that should contrary him and his officers, take any wheat within your gracious prerogative regality, the the said town liberties. —37. Also he hath damage prejudice the jurisdiction any divers times given injunction your servants, ordinary, and that his legacy man should that have been for causes before him the
and
your subjects. And when that made this presumptuous intent for any subject. –38. Also,
promise, was busy his suit Rome,
visit the clergy England, both exempt and
not exempt. —29. Also, upon the suit the
said lord cardinal Rome, have his autho Chester, and afterwards his power and rity legatine, made untrue surmise the might, contrary right, committed the said Pope's holiness against the clergy your
realm, which was, that the regular persons the said clergy had given themselves repro
bum sensum; which words St. Paul writing the Romans applyed abominable sin; which slander your Church England, shall for ever remain the register Rome against the clergy
John Stanley the prison Fleet the space one year, until such time compelled
this your realm. —30. Also, the said lord displeasure taken his heart, made himself cardinal had the more part the goods Dr. monk Westminster, and there died. —39. Smith, late bishop London, bishop Savage Also, time your grace being Albans,
York, Mr. Dalby, archdeacon Richmond, according the ancient custom used within Mr. Tornyers, Dr. Rothal, late bishop of Dur your verge, your clerk the market doing his
ham, and Dr. Fox, late bishop Winchester,
contrary their wills and your laws and justice.
–31. Also, the Oyer and Terminer York,
proclamation was made, that every man should
put their bills for extortion ordinaries,
and when divers bills were put against the gates your honourable household, and also
officers the said lord cardinal extortion, the market-place within the town Al for taking 12d. the pound for probation bans, ancient custom hath been used; testaments, whereof divers bills were found be and the lord cardinal, hearing the same, pre fore justice Fitz-Herbert, and other commis sumptuously, and not like subject, caused the sioners, the same lord cardinal removed the aforesaid prices which were sealed with your same indictments into the chancery Certio graces seal, accustomably used for the same, rari, and rebuked the same Fitz-Herbert for be taken off, and wodown the said mar the same cause. —32. Also, the said lord Car ket-place where they were up, and the dinal hath busied and endeavoured himself same place own prices sealed with crafty and nutrue tales make dissention and his seal, and would, had not been letted, debate amongst your nobles your realm, semblable manner used your seal standing
your honourable household have had yearly
out your town and liberty 400 quarters wheat, truth
that since abbot there,
the said lord cardinal did call before him sir
John Stanley, knight, which had taken farm covent-seal the abbot and covent
the said sir John release his covent seal one Leghe Adlington, which married one Lark's daughter, which woman the said lord cardinal kept, and had with her two children. Whereupon the said John Stanley, upon
office, did present unto your officers your most honourable household the prices all
manner verge; and
victuals, within the precinct the
officers
was commanded your said set the said prices both the
any manner way your grace, obtain
pardon, which was
of
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379] STATE TRIALS, 20 Henry VIII. 1529–Proceedings against [380 upon your graces gates; and also would of his reign amongst the students and scholars of
presumptuous mind, have openly set in the the same,
stocks within your said town your clerk of your and opinions,
market. By which presumption and usurpa informed
tion your grace may perceive, that in his heart said two bishops that behalf, expresly inhi he hath reputed himself to be equal with your bited and commanded them no wise so to
royal majesty. —40. Also, the said lord cardi do. By means whereof the same errors (as nal, of further pompous and presumptuous they affirmed) crept more abroad, and took mind, hath enterprised join and imprint the greater place: saying furthermore, that was cardinals hat under your arms your coin not their defaults that the said heresics
groats, made your city York, which like were not punished, but the said lord car
dinal, and that was reason any blame lack should be arrected unto then for his of
Whereby evidently appeareth
fence. that
deed hath not been seen have been done any subject within your realm before this time.
Also,
41. where one sir Edward
Jones, clerk, Bucking am, the 18th year your most noble reign,
F.
let his said parsonage with tythes, and other
profits the same one Wm. Johnson
indentures for certain years, within which years
the dean the said cardinal's college Ox
ford, pretended title certain portion
tythes within the said parsonage, supposing your most royal majesty, that the lord cardinal
Crowley the county
the said lord cardinal, besides
other his
the said portion belong the parsonage Chichley, which was appropriated the priory
his outragious pride hath greatly shadowed long season your graces honour, which
possessed the said portion, time out mind: whereupon subpoena was directed the said Johnson appear before the said lord cardinal
Hampton-Court; where without any bill, the said lord cardinal committed him the
and treasure without measure, hath griev ously oppressed your poor subjects, with manifold crafts bribery and extortion, that the commonwealth this your graces realin thereby greatly decayed and impoverished:
Fleet, where remained the space twelve and also his cruelty, iniquity, affection and
would not depart with the partiality, hath subverted the due course and the last, upon recog order your graces laws, the undoing
weeks, because
said portion and
nizance made, that
the said lord cardinal wheresoever he was com your most royal majesty therefore your manded, was delivered out the Fleet. excellent goodness towards the weal this Howbeit, yet the said portion kept your realm, and subjects the same, set from him, that dare not deal with it. —42. such order and direction upon the said lord
Also, where one Martin Docowra had lease
the mannor Balsal the county War
wick, for term certain years, injunction
came him out the Chancery, writ, upon ded for, that never have any power, juris- pain 1000l. that should avoid the pos diction, authority, hereafter trouble, vex, session the same mannor, and suffer sir Geo. and impoverish the commonwealth this your Throgmorton, knt. take the profits the realm, hath done heretofore, the great same mannor, the time the matter depending hurt and damage every man almost, high
the Chancery between the lord St. Johns,
and the said Docowra were discust; and yet the said Docowra never made answer the
law. —43. Also, whereas the parliament
and low. Which for your grace doing, will
Chancery, never was called into the Chance
majesty long
endure pleasure
for that matter. And now of late he received the like injunction, upon pain 2000l. contrary the course the common
health,
most desire.
God, your and
hearts
should appear before great number your loving people;—Please
ii.
daily pray, their duty
for the prosperous estate
Almighty God,
your most royal
honour and good
our sovereign lord chamber, and the open parliament, commu king Henry More," Norfolk, Char.
nication and devices were had and moved, wherein mention was, incident, made matters touching heresies, and erroneous sects.
was spoken and reported one bishop there being present, and confirmed good number the same bishops presence the lords
spiritual and temporal then assembled, and two
the said bishops were minded and desired repair unto the University Cambridge, for examination, reformation, and correction
such errors then seemed, and were reported
Suffolk, Tho. Dorset, Exeter, G. Shrews bury, Fitzwater, Jo. Oxenford, Northum land, Darcy, Rochford, W. Mountjoy, Wm. Sandys, Wm. Fitz-William, Henry Gulde ford, Anthony Fitz-Herbert, John Fitz-James. ”
Concerning these signatures, lord Coke, Inst. 95), observes “So these Articles began subscribed Thos. More, lord chan
cellor, and ended with the two judges the law. ”
well touching the Lutheran sect otherwise; the lord cardinal
the good minds and intents the
offences,
disturber of due and direct correction of here sies; being highly the danger, and peril
the whole body and good Christian people
heinous
hath been the
impeacher
and
this your realm. —44. Finally, forasmuch the aforesaid articles evidently declared
Tykeford, lately suppressed, where truth,
the parsons Crowley have been peaceably avarice and ravenous appetite, have riches
most highly regarded, and his insatiable
cardinal, may the terrible example others beware offend your grace and your laws hereafter: and that provi
the
“Subscribed the 1st day 21st year the reign
December, the
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381] STATE TRIALS, 20 HENRY VIII: 1529. —Cardinal Wolsey. [382
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
insomuch, that wrote the king, humbly, his knees, with weeping eyes, that the college Oxford might stand, and importuned
Tho. Cromwel (obtaining the place of a bur Cromwel this purpose, since they are
gess) so wittily defended the cardinal his master, manner, saith lie, “Opera manuam tuarum. ” that no Treason could be laid to his charge. But Cromwel returned him comfort herein, Yet could not the resisting of this brunt, nor saying, “the king was determined dissolve even the gracious Messages received frequently them, though whether meant restore them from the king, chear up the cardinal. For as again, and found them his own name,
he found the Pope had now a long while neg knew not; but wishes him be content, &c. ”
York, i. o
moved so much compassion, as not only he, means, which also signified the king; but, by his intreaty, mistress Anne Bolen, who thereupon sent him thousand
whom the cardinal had in vain importuned to with which and train, reduced now about intercede for him, also sent him several tokens; 160 persons, set forth, giving the way whereof one was a ruby, wherein the king's much alms, and not few other arguments image was curiously engraven, a gift heretofore devotion, which also made him gracious with
cardinal's, together gracious the people, who resorted from ad of the §. with a mes places
Butts, physician; joining, him. And thus with slow and un sage delivered by his
* That his highness was not angry with him in willing removes, came Cawood castle his heart, which he should know shortly. ” near York, about the end Sept. 1530, where Whereupon the cardinal recovered his prepared according the antient custom, health, for the king, so confirming his pro installed with much ceremony about mises, sealed his pardon, Feb. 12, and three month after access the choire, being
lected to give the king any satisfaction, which howsoever, the traffick these and other certainly was the only way to procure the car lands, well negociating his masters busi dinal's restitution, and that, for the rest, no ness, Cromwel shewed that dexterity, which evident sign of the king's relenting appeared, last won him much credit, both with the king so being not able to support any longer his and his principal counsellors. And now the
many
being
news whereof being brought to the king's ears, excuse for retarding his journey, but want
Fwhe.
sup
he fell
dangerously
sick. The cardinal
commanded
had
days after, by letters patents, restored him to the archbishoprick of York. Moreover, he
sent him money, plate, rich hangings, and fur niture for his house and chapel, in that quan
till then forbidden. But whether the solem
nity this action was thought our king unreasonable, and misbecoming one dis
grace; that otherwise the cardinal had cast forth some discontented words, which were re lated again the king; here certainly began
tity, as the cardinal was for the present much
recovered: hoping also, that since he had re
signed his house called York-house, but after his final ruine. Which, his enemies (at this
ward by the king styled the Mannor of West minster, now Whitehall, that his punishment
ended there, and himself now upon terms of regaining the king's favour. The confidence
distance) did with more boldness and advan tage procure, had less means repair
himself. Insomuch, that without being able discover prevent their machinations,
was forced suffer all that could be either to the king, that, for his health's sake, truly, almost falsly surmised against him.
Ncither had other hope, but that the punish ments had already endured, might accept ed as an intire satisfaction for all his offences.
reof also made him to be an humble
ight
we have leave to remove to Richmond
m
house, the use ofwhich he had received in ex
change from the king, for that his sumptuous
palace which he built, and called by the name of Hampton-court.
The Cardinal sent to Bishoprick York.
The Cardinal arrested Treason.
York, High
And now Cardinal Woolsey, seems, had
tried his utmost skill for recovering the with one Walter Welsh, gentleman the
kings favour; whereof also some hope was given him his being permitted remove
Richinond. But his enemies suspected would make use this nearness, obtain cess the king, they laboured instantly
send him the north. Whereinsthey pre vailed length, obtaining further, that the Revenues the bishoprick Winchester, and abbey Saint Albans, also some other places, his, forfeited the Praemunice, might applied part the kings servants;
pension only out Winchester, being re served the cardinal. The revenues also of
his two colleges were torn and divided, which grieved him more than any other affliction:
kings privy chamber, came the kings com mand Cawood, arrest the cardinal,
And now his stallation grew near, when the earl Northumberland, warden the marches,
used that diligence and secresie, had placed his guards the hall, be
wherein
that
fore any escaped advertise the cardinal thereof. Neither did he, the earls coming
stairs, receive him other terms than those guest, till entring into private chaumber
together, the earl low and troubled voice arrested him High Treason. The dismayed
and pensive cardinal stayed while before answered, but last recovering spirits, de manded the sight the earls commission, pro testing that otherwise would not obey; urging further, that was member the
a
to
to to beofof at
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3S3] STATE TRIALS, 20 HENRY VIII. 1520. —Proceedings against [384
college of cardinals at Rome, and so excempt Kingston came again comfort him, but the from princes jurisdiction. But while the cardinal, finding now that death would dis earl replied, that might not shew his com charge him Trials, but that before God, mission, sir Walter Welsh, who had now ar spake this effect:
rested Dr. Augustine the cardinals physician, comes in, and confirms what the earl had said.
The cardinal believing, this time, that they
were good earnest, yields Walter
Welsh, the kings servant, and not the ‘me most humbly the king, desiring him earl; whom said would not submit call to remembrance all matters that have himself, before was better satified his au ‘past betwixt us, and specially about queen thority. Which whether did out stub ‘Catharine, and then shall his grace know bornness the earl, who had been heretofore ‘whether have offended him. He prince educated his house, out despight
mistress Anne Bolen, who (he might conceive)
had put this affront upon him, finding means
employ her antient sutor take revenge
both their names, doth not appear me
my author. Howsoever, protested
no way faulty his allegiance. Dr. Augus could never dissuade him from it. There
tine, whose offence yet doth not appear me, “fore master Kingston, warn you, ever you was dispatched London, the posture his council (as for your wisdom you are traitor, his legs tied his horse. But the ‘meet) that well assured and advised cardinal had some respite though yet com ‘what you put his head, for you shall never
prepare for his journey; which length that deliberate manner,
removed slowly before from the
‘put out again. '
After which words, Cavendish hath them,
manded began
whom, being the steward
began exhortation take heed the him. In Lutherans, “by the example those Bohe
“Had served God diligently have ‘done the king, would not have given me “over my gray hairs; but this my just re “ward. Notwithstanding, pray commend
royal courage but rather than will want miss any part his will pleasure, will
‘endamage the loss one half his realm. “For, assure you, have often kneeled before
him, sometimes the space three hours, was ‘persuade him from his will and appetite, but
that king,
moved now more slowly somuch that had not the earl
Shrewsbury, mia, lest they should likewise subvert the secu the kings lar power. ” But the prosecuting this
houshold, the earl Northumberland was discourse his speech failed him, did his
commanded 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 the Abbey
king commanded should used kindly, Church, Nov. 30, before day. And not, where
one whom highly favoured; probable, had begun monument for himself, long
that the afflicted cardinal would have fallen since, wherein appears our Records
under the burthen his own griefs. Further
more, the earl assured him the king's part,
that, though highness could less than
put him his Trial, yet that was more for the satisfying some persons, than out mis
had not omitted his own image, which one Benedetto, statuary Florence, took hand
1524, and continued till 1529, receiving for much was already done 4250 ducats. The design whereof was glorious, that exceeded far that Henry Nevertheless, find the cardinal, when this was finished, did purpose
make tomb for Henry but dying this manner, king Henry made use much
trust his traiterous doings.
Speech,
The Cardinal's last
and Death.
And thus Sheffield castle,
night, when wind-colick, which ended
fort
staid
dysentery, took him. which state, Wm. tomb the cardinal partake the same fortune
Kingston, captain the king's guard, and con stable the Tower, attended with yeomen the guard (all them formerly servants
with college, being assumed the king;
news the cardinal's death being brought
the cardinal) did find him. that, notwith our king, did much afflict him, that wish
standing the many incouragements the earl, seconded sir. Wm. Kingston (who his
had cost him twenty thousand pounds upon condition had lived. Howbeit omitted not enquire about one thousand and five hundred pounds, which the cardinal had lately got without that the king could ima gine how. that, appeared borrow
knees saluted him) the cardinal remained still
sick and comfortless. Neither did avail him,
that Wm. Kingston (on the king's part) gave
him many gracious words, adding furthermore,
that should make no more haste than stood edit divers persons, might perchance sus with his health and convenience. For the cardi pect the remainder some his an nal became still more and more dejected. Not cient acquisitions. -
withstanding, considered that delay would but argue guiltiness, could, proceeded
And thus concluded that great cardinal.
man whom ability arts, and industry were equally eminent, though, for being employed
ways, they became dan power active and
journey the best he till he came
Leicester abbey, where feever, complicate
with his former disease, seizing him, lan gerous instruments
guished, not without manifest, signs mutable times.
end. Being thus upon bed, William means govern not only the chief affairs
found fit, and called his. Thus did the
both which yet remain still imperfect. The
wholly ambitious
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385] STATE TRIALS, 26 HENRY VIII. 1535. —Sir Thomas More. [386
this kingdom, but of Europe; there being no home. Wherewith again served the Potentate, which, in his turn, did not seek to king's turn, made him think the less
him; and as this procured him divers pensions,
so, when he acquainted the king there with, 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 seemed exhaust all. Since becometh
was no little courted ; of which therefore he princes like good husbandmen when they
made especial use, while he drew them to se
cond him on most occasions. His birth being
otherwise so obscure and mean, as no man had
everstood so single : for which reason also,
his chief endeavour was not to displease any
great person, which yet could not secure him breaking As for his learning, (which was against the divers pretenders of that time. For
as things passed through hands, the who failed their suits generally hated him,
which, though did but exasperate
nature, yet this good resultance followed, that
just
his king, question disserv
far from exact) consisted chiefly the subti lities the Thomists, wherewith the king and himself did more often weary than satisfy each other. His style missives was rather copious than eloquent, yet ever tending the point. Briefly, true (as Polydore observes) that
man ever did rise with fewer virtues,
true, that few that ever fell from high place had lesser crimes objected against him Though yet Polydore (for being his first coming into England committed prison by him, we have said) may suspected
partial author. that probability
might have subsisted longer, when either his pride and immense wealth had not made him obnoxious, and suspected the king, that
other than women had opposed him Who
made him take the more care
whereof also obtained the reputation
Publick hearing causes. For
no body, his reason carried him. And thus
loved
using his own authority. One error seemed
common licity
both, which was that such multi offices and places were invested
lm. For
dinal particular, derogated little
drew much envy upon the car
from the regal authority, while one man alone
sow their grounds, which scatter, and not
throw one place. He was great dissembler, for qualified person order
ing his businesses for the Inost part cautious got more keeping his word than
was useful minister oints, where there was
ing the Roman church;
which (at what Price soever) find was zealous servant;
hoping thereby aspire the papacy,
whereof (as the factious times then were) seemed more capable than any, had not
inmoderately affected
was not hard judge
prince, who was ablest
Whereby also his inclinations. That help him this dig
they are vigilant and close enemies,
for
the most part, they carry their businesses that manner, they leave fewer advantages against themselves, than men do. conclu
sion, cannot assent those who thought him happy for enjoying the untimely compassion
the people little before his end, can not but account principal felicity, that dur ing his favour with the king, things succeed
help, though could not obtain that supreme
dignity passionately desired, yet pre doubted whether the impressions gave, did
nity, being ever preferred him, which there
fore was the ordinary bait which the empe
ror and French king one after the other, did
catch him. And, upon these terms, doubt
ed not to convey vast treasures out of this
kingdom, especially unto Rome, where had
not few cardinals his devotion. By whose
better than afterwards, though yet may
vailed himself much their favour,
kind absolute power spiritual matters
got not occasion divers irregularities which were observed to follow.
MoRE, knight, Lord Chancellor 26 Henry VIII. 1535. [Hall. Lord Herbert's Life
30. The Trial Sir THoyt
England, for High Treason, denying the King's Supremacy:
Hen. VIII.
More's Life
A BILL being preferred parliament, Nov. 1534, attaint Elizabeth Barton, and several
Sir Thomas More. ]
ressed him compliance, yet the chancellor influenced the king far, that the matter Misprision was dropt. —Sir Thomas, was also
others, High-Treason, bishop Fisher and
Thomas More were also brought into for examined other times the lord chancel
Misprision Treason for the refusing the lor, dukes Norfolk and Suffolk, Mr. Secre
Oath Succession—says my lord Herbert. tary, and others
The saine author avows the Bill did pass;
but Thomas's great-grandson, his Life,
shews the contrary, and that notwithstanding
the archbishop Canterbury, the lord chan being loth aggravate the king's displeasure,
cellor, duke Norfolk, and secretary Crom would say more than that the Statute was well, the king's command, went him and like two-edged sword, for spoke against
WOL.
pressed him, with think of, own the and open terms,
plainly deny but
the privy-council, who the arguments they could king's Supremacy direct
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387]
STATE TRIALS, 26.