[Sidenote: Four gentlemen of the best blood in Shropshire are hanged.]

The bishop's advice was approved. One caution only was impressed upon him by Cromwell--that "indifferent justice must be ministered to poor and rich according to their demerits;" and gentlemen who were concerned in riots and robberies were not to be spared on account of their position. The bishop obeyed the admonition, which was probably little needed; soon after, at a quarter sessions, in the presence of the Earl of Worcester, Lord Ferrars, and many gentlemen of the shire, "four of the best blood in the county of Shropshire" were reported to have been hanged.

Carrying his discipline south, the bishop by-and-bye wrote from Hereford:--

[Sidenote: A nest of thieves is rooted out in Gloucestershire.]

"By diligent search and pains we have tried out the greatest nest of thieves that was heard of this many years. They have confessed to the robbing of eighteen churches, besides other felonies, already. This nest was rooted in Gloucestershire at a place called Merkyll, and had recourse to a blind inn, to an old man, who, with his two sons, being arrant thieves, were the receitors. Of this affinity were a great number, of whom we have ten or twelve princ.i.p.als and accessories, and do make out daily for more where we can hear they be. Daily the outlaws submit themselves, or be taken. If he be taken he playeth his pageant.

If he come and submit himself, I take him to G.o.d's mercy and the king's grace upon his fine."

[Sidenote: Effect of the sharp hand.]

[Sidenote: One thief taketh another, and one cow keepeth another.]

Once more, after mentioning the capture of two outlaws, whom he intended to despatch, and of a third, who had been killed, in attempting to escape, brought in dead across a horse, and hanged on a market-day at Ludlow, the warden summed up, as a general result of his administration, "What shall we say further? All the thieves in Wales quake for fear; and at this day we a.s.sure you there is but one thief of name, of the sort of outlaws, and we trust to have him shortly; so that now ye may boldly affirm that Wales is redact to that state that one thief taketh another, and one cow keepeth another."[489]

The bishop's work was rough; but it was good of its kind, and was carried out in the manner which, in the long run, was most merciful--merciful to honest subjects, who were no longer the prey of marauders--merciful to those whom the impunity of these heroes of the Border might have tempted to imitate their example--merciful to the offenders themselves, who were saved by the gallows from adding to the list of their crimes.

[Sidenote: Laxity of the magistrates in the south-west of England.]

But although order could be enforced where an active resolute man had been chosen to supersede the inefficiency of the local authorities, in other parts of England, in Hampshire, Wiltshire, Somersetshire, Devonshire, and Cornwall especially, there was no slight necessity still remaining for discipline of a similar kind; the magistrates had been exhorted again and again in royal proclamations to discharge their duties more efficiently; but the ordinary routine of life was deranged by the religious convulsions; the mainspring of the social system was out of place, and the parts could no longer work in harmony. The expedient would have to be attempted which had succeeded elsewhere; but, before resorting to it, Henry would try once more the effect of an address, and a circular was issued in the ensuing terms:--

[Sidenote: The king issues an address to them.]

[Sidenote: Once again he charges them on their allegiance to do their duty.]

"The king to the justices of the peace. Trusty and well-beloved, we greet you well,[490] and cannot a little marvel to hear that, notwithstanding our sundry advertis.e.m.e.nts lately made unto you for the doing of your duties in such offices as in our commonwealth are committed unto you, many things be nevertheless directed at will and pleasure, than either upon any just contemplation of justice, or with any regard to the good monitions which heretofore we have set forth for the advancement of the same. Minding, therefore, yet once again, before we shall correct the lewdness of the offenders with any extremity of law, to give a more general admonition, to the intent no man shall have colour by excuse of ignorance, we have thought meet to write these our letters unto you, and by the same to desire and pray you, and yet, nevertheless, to charge and command you, upon your duties or allegiance, that for the repairing of all things negligently pa.s.sed, and for the avoiding of all such damages as may for lack thereof happen unto you, you shall have special care and study to the due and just observation of the points following:--

[Sidenote: The privy maintainers of the Papistical faction shall be tried out and punished.]

"First, where we have with our great study, travail, and labour expelled the usurped power of Rome, with all the branches and dependings upon the same, our pleasure is that you shall have a princ.i.p.al regard that the privy maintainers of that Papistical faction may be tried out and brought to justice. For by sundry arguments it is manifest unto us that there wanteth not a number that in that matter retain their old fond fantasies and superst.i.tions, muttering in corners, as they dare, to the maintenance and upholding of them, what countenance soever they do shew outwards for avoiding of danger of the law. These kind of men we would have tried out, as the most cankered and venomous worms that be in our commonwealth, both for that they be apparent enemies to G.o.d, and manifest traitors to us and to our whole realm, workers of all mischief and sedition within the same.

[Sidenote: The st.u.r.dy vagabonds shall be punished,]

"Secondly, you shall have special regard that all st.u.r.dy vagabonds and valiant beggars may be punished according to the statute made for that purpose. Your default in the execution whereof, proceeding upon an inconsiderate pity to one evil person, without respect to the great mult.i.tude that live in honest and lawful sort, hath bred no small inconvenience in our commonwealth. And you shall also have special regard that no man be suffered to use any unlawful games; but that every man may be encouraged to use the longbow, as the law requireth.

[Sidenote: And even justice shall be administered between poor and rich.]

[Sidenote: He requires them to obey, or his next advice will be of another sort.]

"Furthermore, our pleasure and most dread commandment is that, all respects set apart, you shall bend yourselves to the advancement of even justice between party and party, both that our good subjects may have the benefit of our laws sincerely administered unto them, and that evil doers may be punished, as the same doth prescribe and limit. To which points, if you shall upon this monition and advertis.e.m.e.nt give such diligent regard as you may satisfy your duty in the same, leaving and eschewing from henceforth all disguised corruption, we shall be content the more easily to put in oblivion all your former remissness and negligence. But if, on the other part, we shall perceive that this kind of gentle proceeding can work no kind of good effect in you, or any of you, whom we put in trust under us, a.s.sure yourselves that the next advice shall be of so sharp a sort as shall bring with it a just punishment of those that shall be found offenders in this behalf: requiring you, therefore, not only for your own part to wax each a new man, if you shall in your own conscience perceive that you have not done your duty as appertained, but also to exhort others of your sort and condition, whom you shall perceive to digress from the true execution of their offices, rather to reconcile and compose themselves than upon any affection, respect, or displeasure to do any such thing as will hereafter minister unto them further repentance, and will not percase, when it should light on their necks, lightly be redubbed. Wherein you shall shew yourselves men of good instruction, and deserve our right hearty thanks accordingly."

[Sidenote: Issue of special commissions.]

[Sidenote: Ten felons hanged at Kidderminster.]

[Sidenote: Divers and many suffer in the south.]

Menace, as usual, was but partially effectual. At length, in the midst of the general stir and excitement of the spring and summer of 1539, while the loyal portion of the country was still under arms, and the government felt strong enough for the work, we trace the progress of special commissions through the counties where the irregularities had been the greatest, partly to sift to the bottom the history of the Marquis of Exeter's conspiracy, partly to administer discipline to gangs of rogues and vagabonds. Sir Thomas Blunt and Sir Robert Neville went to Worcester and Kidderminster. At the latter place ten felons were hanged.[491] Sir Thomas Willoughby, with Lord Russell and others, was sent into the south and west, where, "for wilful murders, heinous robberies, and other offences," Willoughby wrote to Cromwell, that "divers and many felons suffered." In Somersetshire four men were hanged for rape and burglary. In Cornwall, Kendall and Quintrell were hanged, with confederates who had acted under them as recruiting agents for Lord Exeter. Other details are wanting; but a general tone of vigour runs through the reports, and the gentlemen had so far taken warning from the last proclamation, that the commissioners were able to conclude: "I a.s.sure you, my lord, in every of these same shires there hath been a great appearance of gentlemen and men of worship who have endeavoured themselves, with much diligence in executing the king's precepts and commandments."[492] Sir Thomas Wriothesley, who either accompanied the commission, or was in Hampshire independently of it, took advantage of a quarter sessions in that county to stimulate these symptoms of improvement a little further.

[Sidenote: Sir Thomas Wriothesley gives advice at a quarter sessions in Hampshire.]

[Sidenote: Three abbots fall under suspicion.]

[Sidenote: The Abbots of Colchester and Reading.]

[Sidenote: The Abbot of Glas...o...b..ry.]

[Sidenote: Layton and Pollard are commissioned to examine the charges against the Abbot of Glas...o...b..ry.]

[Sidenote: The abbot's rooms are searched.]

[Sidenote: He is sent to the Tower.]

[Sidenote: The abbey plate and jewels had disappeared.]

[Sidenote: General tendency in the monks to plunder.]

The king, he told the magistrates, desired most of all things that indifferent justice should be ministered to the poor and the rich, which, he regretted to say, was imperfectly done. Those in authority too much used their powers, "that men should follow the bent of their bows,"

a thing which "did not need to be followed." The chief cause of all the evils of the time was "the dark setting forth of G.o.d's Word," "the humming and harking of the priests who ought to read it, and the slanders given to those that did plainly and truly set it forth." At any rate, the fact was as he described it to be; and they would find, he added, significantly, that, if they gave further occasion for complaint, "G.o.d had given them a prince that had force and strength to rule the highest of them."[493] For the present no further notice was taken of their conduct. There is no evidence that any magistrates were deprived or punished. The work which they had neglected was done for them by others, and they were left again to themselves with a clearer field.[494] One noticeable victim, however, fell in this year. There were three, indeed, with equal claims to interest; but one, through caprice of fame, has been especially remembered. The great abbots, with but few exceptions, had given cause for suspicion during the late disturbances; that is to say, they had grown to advanced age as faithful subjects of the Papacy; they were too old to begin life again with a new allegiance. Information had transpired--I do not know the precise nature of it--to persuade Cromwell that the Abbots of Reading, Colchester, and Glas...o...b..ry were entangled in some treasonable enterprise or correspondence.[495] The charges against the Abbot of Reading I have been unable to find. The Abbot of Colchester had refused to surrender his house, and concealed or made away with the abbey plate, and had used expressions of most unambiguous anxiety for the success of the rebellions, and of disappointment at their failure.[496] They were both executed. On the first visitation of the monasteries, Whiting, Abbot of Glas...o...b..ry, received a favourable character from the visitors. He had taken the oaths to the king without objection, or none is mentioned. He had acquiesced generally, in his place in the House of Lords, in Cromwell's legislation, he had been present at one reading at least of the concluding statute against the Pope's authority;[497] and there is no evidence that he distinguished himself in any way as a champion of the falling faith. In the last parliament he had been absent on plea of ill health; but he appointed no proxy, nor sought apparently to use on either side his legitimate influence. Cromwell's distrust was awakened by some unknown reason; but both to him and to those who had spoken previously in his favour, it seemed, according to their standard of appreciation, sufficiently grounded. Perhaps some discontented monk had sent up secret informations.[498] An order went out for an inquiry into his conduct, which was to be executed by three of the visitors, Layton, Pollard, and Moyle. On the 16th of September they were at Reading: on the 22d they had arrived at Glas...o...b..ry. The abbot was absent at a country house a mile and a half distant. They followed him, informed him of the cause of their coming, and asked him a few questions. His answers were "nothing to the purpose;" that is to say, he confessed nothing to the visitors' purpose. He was taken back to the abbey; his private apartments were searched, and a book of arguments was found there against the king's divorce, pardons, copies of bulls, and a Life of Thomas a Becket,--nothing particularly criminal, though all indicating the abbot's tendencies. The visitors considered their discoveries "a great matter." The abbot was again questioned; and this time his answers appeared to them "cankered and traitorous." He was placed in charge of a guard, and sent to London to the Tower, to be examine by Cromwell himself. The occasion of his absence was taken for the dissolution of the house; and, as the first preliminary, an inventory was made of the plate, the furniture, and the money in the treasury. Glas...o...b..ry was one of the wealthiest of the religious houses. A less experienced person than Layton would have felt some surprise when he found that neither plate, jewels, nor ornaments were forthcoming sufficient for an ordinary parish church. But deceptions of this kind were too familiar to a man who had examined half the religious houses in England. He knew immediately that the abbey treasure was either in concealment or had been secretly made away with. Foreseeing the impending destruction of this establishment, the monks had been everywhere making use of their opportunities of plunder. The altar plate, in some few instances, may have been secreted from a sentiment of piety--from a desire to preserve from sacrilege vessels consecrated to holy uses. But plunder was the rule; piety was the exception. A confession of the Abbot of Barlings contains a frank avowal of the principles on which the fraternities generally acted. This good abbot called his convent into the chapter-house, and by his own acknowledgment, addressed them thus:--

[Sidenote: Address of the Abbot of Barlings.]

"Brethren, ye hear how other religious men be intreated, and how they have but forty shillings a piece given them and are let go. But they that have played the wise men amongst them have provided aforehand for themselves, and sold away divers things wherewith they may help themselves hereafter. And ye hear also this rumour that goeth abroad that the greater abbeys shall down also. Wherefore, by your advice, this shall be my counsel, that we do take such plate as we have, and certain of the best vestments and copes and set them aside, and sell them if need be, and so divide the money coming thereof when the house is suppressed. And I promise you of my faith and conscience ye shall have your part, and of every penny that I have during my life; and thereupon," he concluded, "the brethren agreed thereunto."[499]

[Sidenote: Appropriation or concealment of plate regarded as felony.]

[Sidenote: Discovery of the Glas...o...b..ry plate which had been concealed by the abbot.]

[Sidenote: The motive, if good, could not excuse the fact.]

[Sidenote: Evidence of treason found against the abbot,]

[Sidenote: Which need not be called in question.]

[Sidenote: The quarrel with the Papacy exasperated by the persecution of English residents in Spain.]

A less severe government than that of Henry VIII. would have refused to tolerate conduct of this kind. Those who decline to recognise the authority of an act of parliament over the property of corporate bodies, cannot pretend that a right of ownership was vested in persons whose tenure, at its best and surest, was limited by their lives.[500] For members of religious houses to make away their plate was justly construed to be felony; and the law, which was necessarily general, could not recognise exceptions on the ground of piety of motive, when such an exception would but have furnished a screen behind which indiscriminate pillage might have been carried on with impunity. The visitors had been warned to be careful, and practice had made them skilful in means of detection. On the first day of the investigation at Glas...o...b..ry, "a fair chalice of gold" came to light, "with divers other parcels of plate;" all of which the abbot had concealed, committing perjury in doing so, on their previous visitation.[501] The next day brought out more; and the day after, more again. Gold and silver in vessels, ornaments, and money were discovered "mured up in walls, vaults, and other secret places," some hidden by the abbot, some by the convent. Two monks who were treasurers, with the lay clerks of the vestry, were found to have been "arrant thieves." At length as much treasure of various sorts was recovered as would have begun a new abbey.[502] The visitors did not trouble themselves to speculate on the abbot's intentions. There is nothing to show that in collusion with the brethren he was not repeating the behaviour of the Abbot of Barlings; or, like so many of the northern abbots, he might have been h.o.a.rding a fund to subsidize insurrection, preserving the treasures of the temple to maintain the temple's defenders; or he might have acted in a simple spirit of piety. His motives were of no moment. The fact of the concealment was patent. The letter communicating these discoveries to the government was written on the 28th of September. Another followed on the 2d of October, stating that, since the despatch of the last, the visitors "had come to the knowledge of divers sundry treasons committed and done by the Abbot of Glas...o...b..ry, the certainty whereof would appear in a Book of Depositions," which they forwarded with the accusers' names attached to their statements, "very haut and rank treason."[503] I have not discovered this "Book of Depositions;" but those who desire to elevate the Abbot of Glas...o...b..ry to the rank of the martyr, confess, in doing so, their belief that he was more faithful to the Church than to the State, that he was guilty of regarding the old ways as better than the new, and they need not care to question that he may have acted on his convictions, or at least have uttered them in words. After the recent experience of the Pilgrimage of Grace, an ascertained disposition of disloyalty was enough to ensure a conviction; and the Pope by his latest conduct had embittered the quarrel to the utmost. He had failed to excite a holy war against England, but three English merchants had been burnt by the Inquisition in Spain.[504] Five more had been imprisoned and one had been tortured only for declaring that they considered Henry VIII. to be a Christian. Their properties had been confiscated, they had borne f.a.ggots and candles in a procession as sanbenitos,[505] and Paul had issued a promise of indulgence to all pious Catholics who would kill an English heretic.[506]

[Sidenote: November. The abbot is sent back to Somersetshire.]

[Sidenote: Nov. 14. He is arraigned at Wells for stealing the plate, and condemned.]

[Sidenote: He was unpopular in the county and among his tenants.]

[Sidenote: He is hanged on Glas...o...b..ry Torre.]

Six weeks elapsed before the abbot's fate was decided, part or the whole of which time he was in London. At the beginning of November he was sent back into Somersetshire, already condemned at a tribunal where Cromwell sat as prosecutor, jury, and judge. His escape in a more regular court was not contemplated as a possibility; among loose papers of Cromwell still remaining there is a memorandum in his own hand for "the trial and execution" of the Abbot of Glas...o...b..ry.[507] But the appearance of unfair dealing was greater than the reality. Lord Russell, whose stainless character was worthy of his name, was one of the commissioners before whom the trial was conducted; and Russell has left on record his approval of, and acquiescence in the conduct of the case, in plain and unmistakeable language. Whiting was arraigned at Wells on Thursday, the 14th of November, with his treasurers, "before as worshipful a jury as was charged there for many years."[508] The crime of which he was formally accused was robbing the abbey church; and there was no doubt that he was guilty of having committed that crime, to whatever the guilt may have amounted. But if the government had prosecuted in every instance of abbey-church robbery, a monk would have hung in chains at all the cross-roads in England. The Abbot of Glas...o...b..ry was tried and convicted of felony; his real offence was treason, as the word was interpreted by Cromwell. He was unpopular in the county, and among his dependents. "There were many bills," Lord Russell said, "put up against the abbot, by his tenants and others, for wrongs and injuries that he had done them."[509] He was sentenced to death, and the day following was fixed for the execution. He was taken with the two monks from Wells to Glas...o...b..ry; he was drawn through the town in the usual manner, and thence to the top of the conical hill which rises out of the level plain of Somersetshire, called Glas...o...b..ry Torre. To the last he was tormented with questions, "but he would accuse no man but himself;" he only requested the visitors' servants who were present on the Torre to entreat their masters and Lord Russell "to desire the King's Highness of his merciful goodness and in the way of charity to forgive him his great offences by him committed and done against his Grace."[510] The modern student, to whom the pa.s.sions and the difficulties of the time are as a long forgotten dream, who sees only the bleak hill-top on the dreary November day, the gallows, and an infirm old man guilty of nothing which he can understand to be a crime, shudders at the needless cruelty.

Cromwell, for his share in this policy of death, was soon to receive as he had given; a few more months, and he too on Tower Hill would pa.s.s to his account.