"Forasmuch as it is most necessary, both for common policy and duty of subjects, above all things to prohibit, provide, restrain, and extinct all manner of shameful slanders, perils, or imminent danger or dangers, which might grow, happen, or arise to their sovereign lord the king, the queen, or their heirs, which, when they be heard, seen, or understood, cannot be but odible and also abhorred of all those sorts that be true and loving subjects, if in any point they may, do, or shall touch the king, the queen, their heirs or successors, upon which dependeth the whole unity and universal weal of this realm; without providing wherefore, too great a scope should be given to all cankered and traitorous hearts, willers and workers of the same; and also the king's loving subjects should not declare unto their sovereign lord now being, which unto them both hath been and is most entirely beloved and esteemed, their undoubted sincerity and truth: Be it therefore enacted, that if any person or persons, after the first day of February next coming, do maliciously wish, will, or desire, by words or writing, or by craft imagine, invent, practise, or attempt any bodily harm to be done or committed to the king's most royal person, the queen's, or their heirs apparent, or to _deprive them or any of them of the dignity, t.i.tle, or name of their royal estates_, or slanderously and maliciously publish and p.r.o.nounce by express writing or words that the king our sovereign lord should be heretic, schismatic, tyrant, infidel, or usurper of the crown, &c., &c., that all such persons, their aiders, counsellors, concertors, or abettors, being thereof lawfully convict according to the laws and customs of the realm, shall be adjudged traitors, and that every such offence in any of the premises shall be adjudged high treason."[405]

[Sidenote: The act made still more comprehensive, in the interpretation of it.]

[Sidenote: Retributive justice.]

The terrible powers which were thus committed to the government lie on the surface of this language; but comprehensive as the statute appears, it was still further extended by the interpretation of the lawyers. In order to fall under its penalties it was held not to be necessary that positive guilt should be proved in any one of the specified offences; it was enough if a man refused to give satisfactory answers when subjected to official examination.[406] At the discretion of the king or his ministers the active consent to the supremacy might be required of any person on whom they pleased to call, under penalty to the recusant of the dreadful death of a traitor. So extreme a measure can only be regarded as a remedy for an evil which was also extreme; and as on the return of quiet times the parliament made haste to repeal a law which was no longer required, so in the enactment of that law we are bound to believe that they were not betraying English liberties in a spirit of careless complacency; but that they believed truly that the security of the state required unusual precautions. The nation was standing with its sword half drawn in the face of an armed Europe, and it was no time to permit dissensions in the camp.[407] Toleration is good--but even the best things must abide their opportunity; and although we may regret that in this grand struggle for freedom, success could only be won by the aid of measures which bordered upon oppression, yet here also the even hand of justice was but commending the chalice to the lips of those who had made others drink it to the dregs. They only were likely to fall under the Treason Act who for centuries had fed the rack and the stake with sufferers for "opinion."

[Sidenote: Appointment of suffragan bishops.]

Having thus made provision for public safety, the parliament voted a supply of money for the fortifications on the coast and for the expenses of the Irish war; and after transferring to the crown the first-fruits of church benefices, which had been previously paid to the See of Rome, and pa.s.sing at the same time a large and liberal measure for the appointment of twenty-six suffragan bishops,[408] they separated, not to meet again for more than a year.

[Sidenote: Cardinal Farnese is chosen pope.]

[Sidenote: He is chosen by French influence, in the hope he will pursue a liberal and conciliating policy.]

Meanwhile, at Rome a change had taken place which for the moment seemed to promise that the storm after all might pa.s.s away. The conclave had elected as a successor to Clement a man who, of all the Italian ecclesiastics, was the most likely to recompose the quarrels in the church; and who, if the genius or the destiny of the papacy had not been too strong for any individual will, would perhaps have succeeded in restoring peace to Christendom. In the debates upon the divorce the Cardinal Farnese had been steadily upon Henry's side. He had maintained from the first the general justice of the king's demands. After the final sentence was pa.s.sed, he had urged, though vainly, the reconsideration of that fatal step; and though slow and cautious, although he was a person who, as Sir Gregory Ca.s.salis described him, "would accomplish little, but would make few mistakes,"[409] he had allowed his opinion upon this, as on other matters connected with the English quarrel, to be generally known. He was elected therefore by French influence[410] as the person most likely to meet the difficulties of Europe in a catholic and conciliating spirit. He had announced his intention, immediately on Clement's death, of calling a general council at the earliest moment, in the event of his being chosen to fill the papal chair; and as he was the friend rather of Francis I. than of the emperor, and as Francis was actively supporting Henry, and was negotiating at the same moment with the Protestant princes in Germany, it seemed as if a council summoned under such auspices would endeavour to compose the general discords in a temper of wise liberality, and that some terms of compromise would be discovered where by mutual concessions Catholic and Protestant might meet upon a common ground.

The moment was propitious for such a hope; for the accession of a moderate pope coincided with the reaction in Germany which followed the scandals at Munster and the excesses of John of Leyden; and Francis pictured to himself a coalition between France, England, and the Lutherans, which, if the papacy was attached to their side, would be strong enough to bear down opposition, and reconst.i.tute the churches of Europe upon the basis of liberality which he seemed to have secured for the church of France. The flattering vision in the autumn of the following year dazzled the German princes. Perhaps in the novelty of hope it was encouraged even by the pope, before he had felt the strong hand of fate which ruled his will.

[Sidenote: Anxiety and alarm of the emperor.]

[Sidenote: The mission of the Count of Na.s.sau to Paris with proposals for a league.]

[Sidenote: The emperor's offers are rejected by Francis.]

To Charles V. the danger of some such termination of the great question at issue appeared most near and real. Charles, whose resentment at the conduct of England united with a desire to a.s.sert his authority over his subjects in Germany, beheld with the utmost alarm a scheme growing to maturity which menaced alike his honour, his desire of revenge, his supremacy in Europe, and perhaps his religious convictions. A liberal coalition would be fatal to order, to policy, to truth; and on the election of Cardinal Farnese, the Count de Na.s.sau was sent on a secret mission to Paris with overtures, the elaborate condescension of which betrays the anxiety that must have dictated them. The emperor, in his self-const.i.tuted capacity of the Princess Mary's guardian, offered her hand with the English succession to the Duke of Angoulesme. From the terms on which he was thought to stand with Anne Boleyn, it was thought possible that Henry might consent;[411] he might not dare, as d'Inteville before suggested, to oppose the united demands of France and the Empire.[412] To Margaret de Valois the Count was to propose the splendid temptation of a marriage with Philip.[413] If Francis would surrender the English alliance, the emperor would make over to him the pa.s.sionately coveted Duchy of Milan,[414] to be annexed to France on the death of the reigning Duke. In the meantime he would pay to the French king, as "tribute for Milan," a hundred thousand crowns a year, as an acknowledgment of the right of the house of Valois. Offers such as these might well have tempted the light ambition of Francis. If sincere, they were equivalent to a surrender of the prize for which the emperor's life had been spent in contending, and perilous indeed it would have been for England if this intrigue had been permitted to succeed. But whether it was that Francis too deeply distrusted Charles, that he preferred the more hazardous scheme of the German alliance, or that he supposed he could gain his object more surely with the help of England, the Count de Na.s.sau left Paris with a decisive rejection of the emperor's advances; and in the beginning of January, De Bryon, the High Admiral of France, was sent to England, to inform Henry of what had pa.s.sed, and to propose for Elizabeth the marriage which Charles had desired for the Princess Mary.

[Sidenote: De Bryon sent to England.]

De Bryon's instructions were remarkable. To consolidate the alliance of the two nations, he was to entreat Henry at length to surrender the claim to the crown of France, which had been the cause of so many centuries of war. In return for this concession, Francis would make over to England, Gravelines, Newport, Dunkirk, a province of Flanders, and "the t.i.tle of the Duke of Lorrayne to the town of Antwerp, with sufficient a.s.sistance for the recovery of the same." Henry was not to press Francis to part from the papacy; and De Bryon seems to have indicated a hope that the English king might retrace his own steps. The weight of French influence, meanwhile, was to be pressed, to induce the pope to revoke and denounce, voyd and frustrate the unjust and slanderous sentence[415] given by his predecessor; and the terms of this new league were to be completed by the betrothal of the Princess Elizabeth to the Duke of Angoulesme.[416]

[Sidenote: Change in Henry's character.]

There had been a time when these proposals would have answered all which Henry desired. In the early days of his reign he had indulged himself in visions of empire, and of repeating the old glories of the Plantagenet kings. But in the peace which was concluded after the defeat of Pavia, he showed that he had resigned himself to a wiser policy,[417] and the surrender of a barren designation would cost him little. In his quarrel with the pope, also, he had professed an extreme reluctance to impair the unity of the church; and the sacrifices which he had made, and the years of persevering struggle which he had endured, had proved that in those professions he had not been insincere. But Henry's character was not what it had been when he won his t.i.tle of Defender of the Faith. In the experience of the last few years he had learnt to conceive some broader sense of the meaning of the Reformation; and he had gathered from Cromwell and Latimer a more n.o.ble conception of the Protestant doctrines. He had entered upon an active course of legislation for the putting away the injustices, the falsehoods, the oppressions of a degenerate establishment; and in the strong sense that he had done right, and nothing else but right, in these measures, he was not now disposed to submit to a compromise, or to consent to undo anything which he was satisfied had been justly done, in consideration of any supposed benefit which he could receive from the pope. He was anxious to remain in communion with the see of Rome. He was willing to acknowledge in some innocuous form the Roman supremacy. But it could be only on his own terms. The pope must come to him; he could not go to the pope. And the papal precedency should only again be admitted in England on conditions which should leave untouched the Act of Appeals, and should preserve the sovereignty of the crown unimpaired.

[Sidenote: Henry's reply to the overtures of the French king.]

[Sidenote: The pope must make the first move towards a reconciliation.]

He replied, therefore, to the overtures of Francis, that he was ready to enter into negotiations for the resignation or his t.i.tle to the crown of France, and for the proposed marriage.[418] Before any other step was taken, however, he desired his good brother to insist that "the Bishop of Rome" should revoke the sentence, and "declare his pretended marriage with the Lady Catherine naught;" "which to do," Henry wrote (and this portion of his reply is written by his own hand), "we think it very facile for our good brother; since we do perceive by letters [from Rome]

both the opinions of the learned men there to be of that opinion that we be of; and also a somewhat disposition to that purpose in the Bishop of Rome's self, according to equity, reason, and the laws both positive and divine." If there was to be a reconciliation with the Holy See, the first advance must be made on the Bishop of Rome's side; and Cromwell, in a simultaneous despatch, warned Francis not "to move or desire his Grace to the violation of any laws recently pa.s.sed, as a thing whereunto he would in no wise condescend or agree."[419]

[Sidenote: Henry distrusts Francis.]

Henry, however, felt no confidence either in the sincerity of the pope, or in the sincerity of the French king, as he haughtily showed. He did not even trust De Bryon's account of the rejection of the overtures of the emperor. "If it happeneth," he wrote, "that the said Bishop will obstinately follow the steps of his predecessor, and be more inclined to the maintenance of the actions and sentences of his see than to equity and justice, then we trust that our good brother--perceiving the right to stand on our side, and that not only the universities of his whole realm and dominions hath so defined, but also the most part of the rest of Christendom, and also the best learned men of the Bishop of Rome's own council, now being called for that purpose--will fully and wholly, both he and his whole realm, adhere and cleave to us and our doings in this behalf; and we herein desire shortly to have answer, which we would be right loth should be such as whereupon we might take any occasion of suspicion; trusting, further, that our said good brother will both promise unto us upon his word, and indeed perform, that in the meantime, before the meeting of our deputies,[420] he nor directly nor indirectly shall practise or set forth any mean or intelligence of marriage, or of other practices with the emperour."[421]

[Sidenote: The pope makes indirect advances, which are received also with coldness.]

[Sidenote: January.]

So cold an answer could have arisen only from deep distrust; it is difficult to say whether the distrust was wholly deserved. a.n.a.logous advances, made indirectly from the pope were met with the same reserve.

Sir Gregory Ca.s.salis wrote to Cromwell, that Farnese, or Paul III., as he was now called, had expressed the greatest desire to please the king.

He had sent for lawyers out of Tuscany, on whose judgment he had great reliance, and these lawyers had given an opinion that the pope might _ex officio_ annul the first marriage as Henry desired, and p.r.o.nounce the second valid.[422] This was well, but it did not go beyond words; and of these there had been too many. The English government had fed upon "the cameleon's dish," "eating the air promise crammed," till they were weary of so weak a diet, and they desired something more substantial. If the pope, replied Cromwell, be really well disposed, let him show his disposition in some public manner, "of his own accord, with a desire only for the truth, and without waiting till the King's Majesty entreat him."[423] It would have been more courteous, and perhaps it would have been more just, if the French overtures had been met in a warmer spirit; for the policy of Francis required for the time a cordial understanding with England; and his conduct seems to prove that he was sincerely anxious to win the pope to complacency.[424] But Henry's experience guided him wisely with the Roman Bishop; and if he had been entangled into confidence in Farnese, he would have been entangled to his ruin.

[Sidenote: The language of the papacy had been inconsistent, but its conduct had been uniform.]

The spring of 1535 was consumed in promises, negotiations, and a repet.i.tion of the profitless story of the preceding years. Suddenly, in the midst of the unreality, it became clear that one man at least was serious. Henry, with an insurgent Ireland and a mutinous England upon his hands, had no leisure for diplomatic finesse; he had learnt his lesson with Clement, and was not to be again deceived. The language of the Roman see had been inconsistent, but the actions of it had been always uniform. From the first beginning of the dispute to the final break and excommunication, in the teeth of his promises, his flatteries, his acknowledgments, Clement had been the partisan of Catherine. When the English agents were collecting the opinions of the Italian universities, they were thwarted by his emissaries. He had intrigued against Henry in Scotland; he had tampered with Henry's English and Irish subjects; he had maintained a secret correspondence with Catherine herself. And so well had his true feelings and the true position of the question been understood by the papal party in England, that at the very time when at Ma.r.s.eilles and elsewhere the pope himself was admitting the justice of the king's demand, the religious orders who were most unwavering in their allegiance to the papacy, were pressing their opposition to the divorce into rebellion.

[Sidenote: Until the pope, therefore, shows some change in action, the penal laws may not be arrested.]

When, therefore, the chair of St. Peter was filled by a new occupant, and language of the same smooth kind began again to issue from it, the English government could not for so light a cause consent to arrest their measures, or suspend the action of laws which had been pa.s.sed from a conviction of their necessity. Whatever might become of French marriages, or of the cession of a corner of the Netherlands and a few towns upon the coast in exchange for a gaudy t.i.tle, the English Reformation must continue its way; the nation must be steered clear among the reefs and shoals of treason. The late statutes had not been pa.s.sed without a cause; and when occasion came to enforce them, were not to pa.s.s off, like the thunders of the Vatican, in impotent noise.

[Sidenote: The martyrdoms of Catholics and Protestants a.n.a.logous to deaths in battle.]

Here, therefore, we are to enter upon one of the grand scenes of history; a solemn battle fought out to the death, yet fought without ferocity, by the champions of rival principles. Heroic men had fallen, and were still fast falling, for what was called heresy; and now those who had inflicted death on others were called upon to bear the same witness to their own sincerity. England became the theatre of a war between two armies of martyrs, to be waged, not upon the open field, in open action, but on the stake and on the scaffold, with the n.o.bler weapons of pa.s.sive endurance. Each party were ready to give their blood; each party were ready to shed the blood of their antagonists; and the sword was to single out its victims in the rival ranks, not as in peace among those whose crimes made them dangerous to society, but, as on the field of battle, where the most conspicuous courage most challenges the aim of the enemy. It was war, though under the form of peace; and if we would understand the true spirit of the time, we must regard Catholics and Protestants as gallant soldiers, whose deaths, when they fall, are not painful, but glorious; and whose devotion we are equally able to admire, even where we cannot equally approve their cause. Courage and self-sacrifice are beautiful alike in an enemy and in a friend. And while we exult in that chivalry with which the Smithfield martyrs bought England's freedom with their blood, so we will not refuse our admiration to those other gallant men whose high forms, in the sunset of the old faith, stand transfigured on the horizon, tinged with the light of its dying glory.

[Sidenote: The monks of the London Charterhouse.]

Secretary Bedyll, as we saw above, complained to Cromwell of the obstinacy of certain friars and monks, who, he thought, would confer a service on the country by dying quietly, lest honest men should incur unmerited obloquy in putting them to death. Among these, the brethren of the London Charterhouse were specially mentioned as recalcitrant, and they were said at the same time to bear a high reputation for holiness.

In a narrative written by a member of this body, we are brought face to face, at their time of trial, with one of the few religious establishments in England which continued to deserve the name; and we may see, in the scenes which are there described, the highest representation of struggles which graduated variously according to character and temper, and, without the tragical result, may have been witnessed in very many of the monastic houses. The writer was a certain Maurice Channey, probably an Irishman. He went through the same sufferings with the rest of the brethren, and was one of the small fraction who finally gave way under the trial. He was set at liberty, and escaped abroad; and in penance for his weakness, he left on record the touching story of his fall, and of the triumph of his bolder companions.

[Sidenote: Story of Maurice Channey.]

[Sidenote: Unity of the monastic life.]

He commences with his own confession. He had fallen when others stood.

He was, as he says, an unworthy brother, a Saul among the prophets, a Judas among the apostles, a child of Ephraim turning himself back in the day of battle--for which his cowardice, while his brother monks were saints in heaven, he was doing penance in sorrow, tossing on the waves of the wide world. The early chapters contain a loving lingering picture of his cloister life--to him the perfection of earthly happiness. It is placed before us, in all its superst.i.tion, its devotion, and its simplicity, the counterpart, even in minute details, of the stories of the Saxon recluses when monasticism was in the young vigour of its life.

St. Bede or St. Cuthbert might have found himself in the house of the London Carthusians, and he would have had few questions to ask, and no duties to learn or to unlearn. The form of the buildings would have seemed more elaborate; the notes of the organ would have added richer solemnity to the services; but the salient features of the scene would have been all familiar. He would have lived in a cell of the same shape, he would have thought the same thoughts, spoken the same words in the same language. The prayers, the daily life, almost the very faces with which he was surrounded, would have seemed all unaltered. A thousand years of the world's history had rolled by, and these lonely islands of prayer had remained still anch.o.r.ed in the stream; the strands of the ropes which held them, wearing now to a thread, and very near their last parting, but still unbroken. What they had been they were; and, if Maurice Channey's description had come down to us as the account of the monastery in which Offa of Mercia did penance for his crimes, we could have detected no internal symptoms of a later age.

[Sidenote: Channey's description of it.]

His pages are filled with the old familiar stories of visions and miracles; of strange adventures befalling the chalices and holy wafers;[425] of angels with wax candles; innocent phantoms which flitted round brains and minds fevered by asceticism. There are accounts of certain _fratres reprobi et eorum terribilis punitio_--frail brethren and the frightful catastrophes which ensued to them.[426] Brother Thomas, who told stories out of doors, _apud saeculares_, was attacked one night by the devil; and the fiend would have strangled him but for the prayers of a companion. Brother George, who craved after the fleshpots of Egypt, was walking one day about the cloister when he ought to have been at chapel, and the great figure upon the cross at the end of the gallery turned its back upon him as it hung, and drove him all but mad. Brother John Daly found fault with his dinner, and said that he would as soon eat toads--_Mira res! Justus Deus non fraudavit eum desiderio suo_--his cell was for three months filled with toads. If he threw them into the fire, they hopped back to him unscorched; if he killed them, others came to take their place.

[Sidenote: Character of Haughton, the prior.]

But these bad brothers were rare exceptions. In general the house was perhaps the best ordered in England. The hospitality was well sustained, the charities were profuse, and whatever we may think of the intellect which could busy itself with fancies seemingly so childish, the monks were true to their vows, and true to their duty as far as they comprehended what duty meant. Among many good, the prior John Haughton was the best. He was of an old English family, and had been educated at Cambridge, where he must have been the contemporary of Latimer. At the age of twenty-eight he took the vows as a monk, and had been twenty years a Carthusian at the opening of the troubles of the Reformation.

He is described as "small in stature, in figure graceful, in countenance dignified." "In manner he was most modest; in eloquence most sweet; in chast.i.ty without stain." We may readily imagine his appearance; with that feminine austerity of expression which, as has been well said, belongs so peculiarly to the features of the mediaeval ecclesiastics.

[Sidenote: The monks espouse the side of Queen Catherine.]

[Sidenote: They are required to take the oath of allegiance, and refuse.]

[Sidenote: The prior is persuaded to submit, _sub conditione_.]

[Sidenote: The prior's dream.]

[Sidenote: The monks hesitate,]