The Reign of Mary Tudor Part 9

"We, the Lords Spiritual and Temporal, and the Commons of the present parliament a.s.sembled, representing the whole body of the realm of England, and dominions of the same, in our own names particularly, and also of the said body universally, in this our supplication directed to your majesties-with most humble suit that it may by your gracious intercession and means be exhibited to the Most Reverend Father in G.o.d the Lord Cardinal Pole, Legate, sent specially hither from our Most Holy Father Pope Julius the Third and the See Apostolic of Rome-do declare ourselves very sorry and repentant for the schism and disobedience committed in this realm and dominions of the same, against the said See Apostolic, either by making, agreeing, or executing any laws, ordinances, or commandments against the supremacy of the said See, or otherwise doing or speaking what might impugn the same; offering ourselves, and promising by this our supplication that, for a token and knowledge of our said repentance, we be, and shall be always, ready, under and with the authority of your majesties, to do that which shall be in us for the abrogation and repealing of the said laws and ordinances in this present parliament, as well for ourselves as for the whole body whom we represent. Whereupon we most humbly beseech your majesties, as persons undefiled in the offences of this body towards the Holy See-which nevertheless G.o.d by his providence hath made subject to your majesties-so to set forth this, our most humble suit, that we may obtain from the See Apostolic, by the said Most Reverend Father, as well particularly as universally, absolution, release, and discharge from all danger of such censures and sentences as by the laws of the church we be fallen in; and that we may, as children repentant, be received into the bosom and unity of Christ's Church; so as this n.o.ble realm, with all the members thereof, may, in unity and perfect obedience to the See Apostolic and pope for the time being, serve G.o.d and your majesties, to the furtherance and advancement of his honour and glory."[396]

Having completed the reading, the chancellor again presented the pet.i.tion. The king and queen went through the forms of intercession, and a secretary read aloud, first, the legate's original commission, and, next, the all-important extended form of it.

Pole's share of the ceremony was now to begin.

He first spoke a few words from his seat: "Much indeed," he said, "the English nation had to thank the Almighty for recalling them to his fold. Once again G.o.d had given a token of his special favour to the realm; for as this nation, in the time of the Primitive Church, was the first to be called out of the darkness of heathenism, so now they were the first to whom G.o.d had given grace to repent of their schism; and if their repentance was sincere, how would the angels, who rejoice at the conversion of a single sinner, triumph at the recovery of a great and n.o.ble people."

He moved to rise; Mary and Philip, seeing that the crisis was approaching, fell on their knees, and the a.s.sembly dropped at their example; while, in dead silence, across the dimly-lighted hall, came the low, awful words of the absolution.

"Our Lord Jesus Christ, which with his most precious blood hath redeemed and washed us from all our sins and iniquities, that he might purchase unto himself a glorious spouse without spot or wrinkle, whom the Father hath appointed head over all his Church-he by his mercy absolves you, and we, by apostolic authority given unto us by the Most Holy Lord Pope Julius the Third, his vicegerent on earth, do absolve and deliver you, and every of you, with this whole realm and the dominions thereof, from all heresy and schism, and from all and every judgment, censure, and pain for that cause incurred; and we do restore you again into the unity of our Mother the Holy Church, in the name of the Father, of the Son, and of the Holy Ghost."

Amidst the hushed breathing every tone was audible, and at the pauses were heard the smothered sobs of the queen. "Amen, amen," rose in answer from many voices. Some were really affected; some were caught for the moment with a contagion which it was hard to resist; some threw themselves weeping in each other's arms. King, queen, and parliament, rising from their knees, went immediately-the legate leading-into the chapel of the palace, where the choir, with the rolling organ, sang Te Deum; and Pole closed the scene with a benediction from the altar.

"Blessed day for England," cries the Italian describer, in a rapture of devotion. "The people exclaim in ecstasies, we are reconciled to G.o.d, we are brought back to G.o.d: the king beholds his realm, so lately torn by divisions, at the mercy of the first enemy who would seize upon it, secured on a foundation which never can be shaken: and who can express the joy-who can tell the exultation of the queen? She has shown herself the handmaid of the Lord, and all generations shall call her blessed: she has given her kingdom to G.o.d as a thank-offering for those great mercies which He has bestowed upon her."[397]

And the legate; but the legate has described his emotions in his own inimitable manner. Pole went back to Lambeth, not to rest, but to pour out his soul to the Holy Father.

In his last letter he said "he had told his holiness that he had hoped that England would be recovered to the fold at last; yet he had then some fears remaining, so far estranged were the minds of the people from the Holy See, lest at the last moment some compromise might ruin all."

But the G.o.dly forwardness of the king and queen had overcome every difficulty; and on that evening, the day of St. Andrew-of Andrew who first brought his brother Peter to Christ-the realm of England had been brought back to its obedience to Peter's See, and through Peter to Christ. The great act had been accomplished, accomplished by the virtue and the labour of the inestimable sovereigns with whom G.o.d had blessed the world.

"And oh," he said, "how many things, how great things, may the church our mother, the bride of Christ, promise herself from these her children? Oh piety! oh antient faith! Whoever looks on them will repeat the words of the prophet of the church's early offspring; 'This is the seed which the Lord hath blessed.' How earnestly, how lovingly, did your holiness favour their marriage; a marriage formed after the very pattern of that of our Most High King, who, being Heir of the world, was sent down by his Father from his royal throne, to be at once the Spouse and the Son of the Virgin Mary, and be made the Comforter and the Saviour of mankind: and, in like manner, the greatest of all the princes upon earth, the heir of his father's kingdom, departed from his own broad and happy realms, that he might come hither into this land of trouble, he, too, to be spouse and son of this virgin; for, indeed, though spouse he be, he so bears himself towards her as if he were her son, to aid in the reconciliation of this people to Christ and the church.[398]

"When your holiness first chose me as your legate, the queen was rising up as a rod of incense out of trees of myrrh, and as frankincense out of the desert. And how does she now s.h.i.+ne out in loveliness? What a savour does she give forth unto her people. Yea, even as the prophet saith of the mother of Christ, "before she was in labour she brought forth, before she was delivered she hath borne a man-child." Who ever yet hath seen it, who has heard of the similitude of it? Shall the earth bring forth in a day, or shall a nation of men be born together? but Mary has brought forth the nation of England before the time of that delivery for which we all are hoping!"

Unable to exhaust itself in words, the Catholic enthusiasm flowed over in processions, in sermons, ma.s.ses, and Te Deums. Gardiner at Paul's Cross, on the Sunday succeeding, confessed his sins in having borne a part in bringing about the schism. Pole rode through the city between the king and queen, with his legate's cross before him, blessing the people. When the news reached Rome Julius first embraced the messenger, then flung himself on his knees, and said a Paternoster. The guns at St. Angelo roared in triumph. There were jubilees and ma.s.ses of the Holy Ghost, and bonfires, and illuminations, and pardons, and indulgences. In the exuberance of his hopes, the pope sent a nuncio to urge that, in the presence of this great mercy, peace should be made with France, where the king was devoted to the church; the Catholic powers would then have the command of Europe, and the heretics could be destroyed.[399] One thing only seemed forgotten, that the transaction was a bargain. The papal pardon had been thrust upon criminals, whose hearts were so culpably indifferent that it was necessary to bribe them to accept it; and the conditions of the compromise, even yet, were far from concluded.

The sanction given to the secularisation of church property was a cruel disappointment to the clergy, who cared little for Rome, but cared much for wealth and power. Supported by a party in the House of Commons who had not shared in the plunder, and who envied those who had been more fortunate,[400] the ecclesiastical faction began to agitate for a reconsideration of the question. Their friends in parliament said that the dispensation was unnecessary. Every man's conscience ought to be his guide whether to keep his lands or surrender them. The queen was known to hold the same opinion, and eager preachers began to sound the note of rest.i.tution.[401] Growing bolder, the Lower House of Convocation presented the bishops immediately after with a series of remarkable requests. The pope, in the terms on which he was reinstated, was but an ornamental unreality; and the practical English clergy desired substantial restorations which their eyes could see and their hands could handle.

They demanded, therefore, first, that if a statute was brought into parliament for the a.s.surance of the church estates to the present possessors, nothing should be allowed to pa.s.s prejudicial to their claims "on lands, tenements, pensions, or tythe rents, which had appertained to bishops, or other ecclesiastical persons."

They demanded, secondly, the repeal of the Statute of Mortmain, and afterwards the abolition of lay impropriations, the punishment of heretics, the destruction of all the English Prayer-books and Bibles, the revival of the act De Haeretico Comburendo, the re-establishment of the episcopal courts, the restoration of the legislative functions of Convocation, and the exemption of the clergy from the authority of secular magistrates.

Finally, they required that the church should be restored absolutely to its ancient rights, immunities, and privileges; that no Premunire should issue against a bishop until he had first received notice and warning; that the judges should define "a special doctrine of Premunire," and that the Statutes of Provisors should not be wrested from their meaning.[402]

The pet.i.tion expressed the views of Gardiner, and was probably drawn under his direction. Had the alienated property been no more than the estates of the suppressed abbeys, the secular clergy would have acquiesced without difficulty in the existing disposition of it. But the benefices impropriated to the abbeys which had been sold or granted with the lands, they looked on as their own; the cathedral chapters and the bishops' sees, which had suffered from the second locust flight under Edward, formed part of the local Anglican Church: and Gardiner and his brother prelates declared that, if the pope chose to set aside the canons, and permit the robbing of the religious orders, he might do as he pleased; but that he had neither right nor powers to sanction the spoliation of the working bishops and clergy. Thus the feast of reconciliation having been duly celebrated, both Houses of Parliament became again the theatre of fierce and fiery conflict.

There were wide varieties of opinion. The lawyers went beyond the clergy in limiting the powers of the pope; the lawyers also said the pope had no rights over the temporalities of bishops or abbots, deans, or rectors; but they did not any more admit the rights of the clergy. The English clergy, regular and secular, they said, had held their estates from immemorial time under the English crown, and it was not for any spiritual authority, domestic or foreign, to decide whether an English king and an English parliament might interfere to alter the disposition of those estates.

On other questions the clerical party were in the ascendant; They had a decided majority in the House of Commons; in the Upper House there was a compact body of twenty bishops; and Gardiner held the proxies of Lord Rich, Lord Oxford, Lord Westmoreland, and Lord Abergavenny. The queen had created four new peers; three of whom, Lord North, Lord Chandos, and Lord Williams, were bigoted Catholics; the fourth, Lord Howard, was absent with the fleet, and was unrepresented. Lord North held the proxy of Lord Worcester; and the Marquis of Winchester, Lord Montague, and Lord Stourton acted generally with the chancellor. Lord Russell was keeping out of the way, being suspected of heresy; Wentworth was at Calais; Grey was at Guisnes; and the proxies of the two last n.o.blemen, which in the late parliament were held by Arundel and Paget, were, for some unknown reason, now held by no one. Thus, in a house of seventy-three members only, reduced to sixty-nine by the absence of Howard, Russell, Wentworth, and Grey, Gardiner had thirty-one votes whom he might count upon as certain; he knew his power, and at once made fatal use of it.

For two parliaments the liberal party had prevented him from recovering the power of persecution. He did not attempt to pa.s.s the Inquisitorial Act on which he was defeated in the last session. But the act to revive the Lollard Statutes was carried through the House of Commons in the second week in December; on the 15th it was brought up to the Lords; and although those who had before fought the battle of humanity, struggled again bravely in the same cause, this time their numbers were too small; they failed, and the lives of the Protestants were in their enemies' hands.[403] Simultaneously Gardiner obtained for the bishops' courts their long-coveted privilege of arbitrary arrest and discretionary punishment, and the clergy obtained, as they desired, the restoration of their legislative powers. The property question alone disintegrated the phalanx of orthodoxy, and left an opening for the principles of liberty to a.s.sert themselves. The faithful and the faithless among the laity were alike partic.i.p.ators in church plunder, and were alike nervously sensitive when the current of the reaction ran in the direction of a demand for rest.i.tution.

Here, therefore, Paget and his friends chose their ground to maintain the fight.

It has been seen that Pole especially dreaded the appearance of any sort of composition between the country and the papacy. The submission had, in fact, been purchased, but the purchase ought to be disguised. As soon, therefore, as the parliament set themselves to the fulfilment of their promise to undo the acts by which England had separated itself from Rome, the legate required a simple statute of repeal. The pope had granted a dispensation; it was enough, and it should be accepted gratefully: the penitence of sinners ought not to be mixed with questions of worldly interest; the returning prodigal, when asking pardon at his father's feet, had made no conditions; the English nation must not disfigure their obedience by alluding, in the terms of it, to the pope's benevolence to them.

The holders of the property, on the other hand, thinking more of the reality than the form, were determined that the Act of Repeal should contain, as nearly as possible, a true statement of their case. They had made conditions, and those conditions had been reluctantly complied with; and, to prevent future errors, the nature of the compact ought to be explained with the utmost distinctness. They had replaced the bishops in authority, and the bishops might be made use of at some future time, indirectly or directly, to disturb the settlement. A fresh pontiff might refuse to recognise the concessions of his predecessors. The papal supremacy, the secularisation of the church property, and the authority of the episcopal courts should, therefore, be interwoven inextricably to stand or fall together; and as the lawyers denied the authority of the Holy See to p.r.o.nounce upon the matter at all, the legal opinion might be embodied also as a further security.

After a week of violent discussion, the lay interest in the House of Lords found itself the strongest. Pole exclaimed that, if the submission and the dispensation were tied together, it was a simoniacal compact; the pope's holiness was bought and sold for a price, he said, and he would sooner go back to Rome, and leave his work unfinished, than consent to an act so derogatory to the Holy See. But the protest was vain; if the legate was so anxious, his anxiety was an additional reason why the opposition should persevere; if he chose to go, his departure could be endured.[404]

So keen was the debate that there was not so much as a Christmas recess. Christmas Day was kept as a holyday. On the 26th the struggle began again, and, fortunately, clouds had risen between the House of Commons and the court. Finding more difficulty than he expected in embroiling England with France, Philip, to feel the temper of the people, induced one of the peers to carry a note to the Lower House to request an opinion whether it was not the duty of a son to a.s.sist his father. An answer was instantly returned that the question had been already disposed of by the late parliament in the marriage treaty, and the further discussion of it was unnecessary.[405] Secretary Bourne, at the instigation of Gardiner, proposed to revive the claims on the pensions; but he met with no better reception. And the court made a further blunder. Mary had become so accustomed to success, that she a.s.sured herself she could obtain all that she desired. The object of the court was to secure the regency for Philip, with full sovereign powers, should she die leaving a child; should she die childless, to make him her successor. The first step would be Philip's coronation, which had been long talked of, and which the House of Commons was now desired to sanction. The House of Commons returned a unanimous refusal.[406]

The effects of these cross influences on the papal statute, though they cannot be traced in detail, must have been not inconsiderable. At length, on the 4th of January, after pa.s.sing backwards and forwards for a fortnight between the two Houses, the Great Bill, as it was called, emerged, finished, in the form of a pet.i.tion to the crown:-

"Whereas," so runs the preamble,[407] "since the 20th year of King Henry VIII., of famous memory, much false and erroneous doctrine hath been taught, preached, and written, partly by divers natural-born subjects of this realm, and partly being brought in hither from sundry foreign countries, hath been sown and spread abroad within the same-by reason whereof as well the spiritualty as the temporalty of your highness's realm and dominions have swerved from the obedience of the See Apostolic, and declined from the unity of Christ's Church, and so have continued until such time as-your majesty being first raised up by G.o.d, and set in the seat royal over us, and then by his divine and gracious Providence knit in marriage with the most n.o.ble and virtuous prince the king our sovereign lord your husband-the pope's holiness and the See Apostolic sent hither unto your majesties, as unto persons undefiled, and by G.o.d's goodness preserved from the common infection aforesaid, and to the whole realm, the Most Reverend Father in G.o.d the Lord Cardinal Pole, Legate de Latere, to call us again into the right way, from which we have all this long while wandered and strayed; and we, after sundry and long plagues and calamities, seeing, by the goodness of G.o.d, our own errours, have knowledged the same unto the said Most Reverend Father, and by him have been and are (the rather at the contemplation of your majesties) received and embraced into the unity of Christ's Church, upon our humble submission, and promise made for a declaration of our repentance to repeal and abrogate such acts and statutes as had been made in parliament since the said 20th year of the said King Henry VIII., against the supremacy of the See Apostolic, as in our submission exhibited to the said most Reverend Father in G.o.d, by your majesties appeareth-it may like your majesty, for the accomplishment of our promise, that all such laws be repealed. That is to say:-

"The Act against obtaining Dispensations from Rome for Pluralities and non-Residence.[408]

"The Act that no person shall be cited out of the Diocese where he or she dwelleth.[409]

"The Act against Appeals to the See of Rome.[410]

"The Act against the Payment of Annates and First-fruits to the See of Rome.[411]

"The Act for the Submission of the Clergy.[412]

"The Act for the Election and Consecration of Bishops.[413]

"The Act against Exactions from the See of Rome.[414]

"The Act of the Royal Supremacy.[415]

"The Act for the Consecration of Suffragan Bishops.[416]

"The Act for the Reform of the Canon Law.[417]

"The Act against the Authority of the Pope.[418]

"The Act for the Release of those who had obtained Dispensations from Rome.[419]

"The Act authorising the King to appoint Bishops by Letters Patent.[420]

The Act of Precontracts and Degrees of Consanguinity.[421]

The Act for the King's Style.[422]

The Act permitting the Marriage of Doctors of Civil Law."[423]

In the repeal of these statutes the entire ecclesiastical legislation of Henry VIII. was swept away; and, so far as a majority in a single parliament could affect them, the work was done absolutely and with clean completeness.

But there remained two other acts collaterally and accidentally affecting the See of Rome; for the repeal of which the court was no less anxious than for the repeal of the Act of Supremacy, where the parliament were not so complaisant.

Throughout the whole reaction under Mary there was one point on which the laity never wavered. Attempts such as that which has been just mentioned were made incessantly, directly or indirectly, to alter the succession and cut off Elizabeth. They were like the fretful and profitless chafings of waves upon a rock. The two acts on which Elizabeth's claims were rested[424] touched, in one or other of their clauses, the papal prerogative, and were included in the list to be condemned. But, of these acts, "so much only" as affected the See of Rome was repealed. The rest was studiously declared to continue in force.

Yet, with this reservation, the parliament had gone far in their concessions, and it remained for them to secure their equivalent.

They reinstated the bishops, but, in giving back a power which had been so much abused, they took care to protect-not, alas! the innocent lives which were about to be sacrificed-but their own interests. The bishops and clergy of the Province of Canterbury having been made to state their case and their claims, in a pet.i.tion to the crown, they were then compelled formally to relinquish those claims; and the pet.i.tion and the relinquishment were embodied in the act as the condition of the restoration of the authority of the church courts.[425] In continuation, the Lords and Commons desired that, for the removal "of all occasion of contention, suspicion, and trouble, both outwardly and inwardly, in men's conscience," the pope's holiness, as represented by the legate, "by dispensation, toleration, or permission, as the case required," would recognise all such foundations of colleges, hospitals, cathedrals, churches, schools, or bishoprics as had been established during the schism, would confirm the validity of all ecclesiastical acts which had been performed during the same period; and, finally, would consent that all property, of whatever kind, taken from the church, should remain to its present possessors-"so as all persons having sufficient conveyance of the said lands, goods, and chattels by the common laws, or acts, or statutes of the realm, might, without scruple of conscience, enjoy them without impeachment or trouble, by pretence of any general council, canon, or ecclesiastical law, and clear from all dangers of the censures of the church." The pet.i.tions, both of clergy and parliament, the act went on to say, had been considered by the cardinal; and the cardinal had acquiesced. He had undertaken, in the pope's name, that the possessors of either lands or goods should never be molested either then or in time to come, in virtue of any papal decree, or canon, or council; that if any attempt should be made by any bishop or other ecclesiastic to employ the spiritual weapons of the church to extort rest.i.tution, such act or acts were declared vain and of none effect. The dispensation was p.r.o.nounced, nor could the legate's protests avail to prevent it from appearing in the act. He was permitted, only in consideration of the sacrifice, to interweave amidst the legal technicalities some portion of his own feeling. The impious detainers of holy things, while permitted to maintain their iniquity, were reminded of the fate of Belshazzar, and were urged to restore the patines, chalices, and ornaments of the altars. The impropriators of benefices were implored, in the mercy of Christ, to remember the souls of the people, and provide for the decent performance of the services of the churches.[426]