since his departure last from my lord. The case stood so, that there
should begin, shortly after All-hallown tide, the Parliament, and [he],
being within London, devised with himself to be one of the Burgesses
of the Parliament, and chanced to meet with one Sir Thomas Rush,
knight, a special friend of his, whose son was appointed to be one of
the Burgesses of that Parliament, of whom he obtained his room, and
by that means put his foot into the Parliament House: then within two
or three days after his entry into the Parliament, he came unto my
lord, to Asher, with a much pleasanter countenance than he had at his
departure, and meeting with me before he came to my lord, said unto
me, "that he had once adventured to put in his foot, where he trusted
shortly to be better regarded, or all were done." And when he was come
to my lord, they talked together in secret manner; and that done, he
rode out of hand again that night to London, because he would not be
absent from the Parliament the next morning. There could nothing be
spoken against my lord in the Parliament House but he would answer
it incontinent, or else take until the next day, against which time
he would resort to my lord to know what answer he should make in his
behalf; in so much that there was no matter alleged against my lord but
that he was ever ready furnished with a sufficient answer; so that at
length, for his honest behaviour in his master's cause, he grew into
such estimation in every man's opinion, that he was esteemed to be the
most faithfullest servant to his master of all other, wherein he was of
all men greatly commended.
Then was there brought in a Bill of Articles into the Parliament House
to have my lord condemned of treason; against which bill Master
Cromwell inveighed so discreetly, with such witty persuasions and deep
reasons, that the same bill could take there no effect[163]. Then
were his enemies compelled to indite him in a _premunire_, and all
was done only to the intent to entitle the king to all his goods and
possessions, the which he had gathered together, and purchased for
his colleges in Oxford and Ipswich, and for the maintenance of the
same, which was then abuilding in most sumptuous wise. Wherein when
he was demanded by the judges, which were sent [to] him purposely to
examine him what answer he would make to the same, he said: "The king's
highness knoweth right well whether I have offended his majesty and his
laws or no, in using of my prerogative legatine, for the which ye have
me indited. Notwithstanding I have the king's license in my coffers,
under his hand and broad seal, for exercising and using the authority
thereof, in the largest wise, within his highness' dominions, the which
remaineth now in the hands of my enemies. Therefore, because I will not
stand in question or trial with the king in his own cause, I am content
here of mine own frank will and mind, in your presence, to confess the
offence in the inditement, and put me wholly in the mercy and grace
of the king, having no doubt in his godly disposition and charitable
conscience, whom I know hath an high discretion to consider the truth,
and my humble submission and obedience. And although I might justly
stand on the trial with him therein; yet I am content to submit myself
to his clemency, and thus much ye may say to him in my behalf, that I
am entirely in his obedience, and do intend, God willing, to obey and
fulfil all his princely pleasure in every thing that he will command me
to do; whose will and pleasure I never yet disobeyed or repugned, but
was always contented and glad to accomplish his desire and commandment
before God, whom I ought most rathest to [have] obeyed; the which
negligence now greatly repenteth me. Notwithstanding, I most heartily
require you, to have me most humbly to his royal majesty commended, for
whom I do and will pray for the preservation of his royal person, long
to reign in honour, prosperity, and quietness, and to have the victory
over his mortal and cankered enemies." And they took their leave of him
and departed.
Shortly after the king sent the Duke of Norfolk unto him in message;
but what it was I am not certain. But my Lord being advertised that the
duke was coming even at hand, he caused all his gentlemen to wait upon
him down through the Hall into the Base Court, to receive the duke at
the entry of the gates; and commanded all his yeomen to stand still in
the Hall in order. And he and his gentlemen went to the gates, where he
encountered with my Lord of Norfolk, whom he received bareheaded; who
embraced each other: and so led him by the arm through the Hall into
his chamber. And as the duke passed through the Hall, at the upper end
thereof he turned again his visage down the Hall, regarding the number
of the tall yeomen that stood in order there, and said: "Sirs," quoth
he, "your diligent and faithful service unto my lord here your master,
in this time of his calamity, hath purchased for yourselves of all
noble men much honesty; in so much as the king commanded me to say to
you in his grace's name, that, for your true and loving service that
ye have done to your master, his highness will see you all furnished
at all times with services according to your demerits." With that my
Lord Cardinal put off his cap, and said to my Lord of Norfolk; "Sir,"
quoth he, "these men be all approved men: wherefore it were pity they
should want other service or living; and being sorry that I am not able
to do for them as my heart doth wish, do therefore require you, my good
lord, to be good lord unto them, and extend your good word for them,
when ye shall see opportunity at any time hereafter; and that ye will
prefer their diligent and faithful service to the king." "Doubt ye not
thereof," quoth my Lord of Norfolk, "but I will do for them the best of
my power: and when I shall see cause, I will be an earnest suitor for
them to the king; and some of you I will retain myself in service for
your honesty's sake. And as ye have begun, so continue and remain here
still with my lord until ye hear more of the king's pleasure:--God's
blessing and mine be with you!" And so went up into the great chamber
to dinner, whom my Lord Cardinal thanked, and said unto him, "Yet, my
lord, of all other noble men, I have most cause to thank you for your
noble heart and gentle nature, which ye have showed me behind my back,
as my servant, Thomas Cromwell, hath made report unto me. But even as
ye are a noble man in deed, so have ye showed yourself no less to all
men in calamity, and in especial to me, and even as ye have abated my
glory and high estate, and brought it full low, so have ye extended
your honourable favour most charitably unto me, being prostrate before
you. Forsooth, Sir, ye do right well deserve to bear in your arms the
noble and gentle lion, whose natural inclination is, that when he hath
vanquished any beast, and seeth him yielded, lying prostrate before him
at his feet, then will he show most clemency unto his vanquished, and
do him no more harm, ne suffer any other devouring beast to damage him:
whose nature and quality ye do ensue; therefore these verses may be
applied to your lordship:
_Parcere prostratis scit nobilis ira leonis:
Ta quoque fac simile, quisquis regnabis in orbem._"
With that the water was brought them to wash before dinner, to the
which my lord called my Lord of Norfolk to wash with him: but he
refused of courtesy, and desired to have him excused, and said "that
it became him not to presume to wash with him any more now, than it
did before[164] in his glory." "Yes, forsooth," quoth my Lord Cardinal,
"for my authority and dignity legatine is gone, wherein consisted
all my high honour." "A straw," quoth my Lord of Norfolk, "for your
legacy. I never esteemed your honour the more or higher for that. But
I regarded your honour, for that ye were Archbishop of York, and a
cardinal, whose estate of honour surmounteth any duke now being within
this realm; and so will I honour you, and acknowledge the same, and
bear you reverence accordingly. Therefore, I beseech you, content
yourself, for I will not presume to wash with you; and therefore I pray
you, hold me excused." Then was my Lord Cardinal constrained to wash
alone; and my Lord of Norfolk all alone also. When he had done, my Lord
Cardinal would fain have had him to sit down on the chair, in the
inner side of the table, but surely he refused the same also with much
humbleness. Then was there set another chair for my Lord of Norfolk,
over against my Lord Cardinal, on the outside of the table, the which
was by my Lord of Norfolk based something beneath my lord, and during
the dinner all their communication was of the diligent service of the
gentlemen which remained with my lord there attending upon him at
dinner, and how much the king and all other noble men doth esteem them
with worthy commendations for so doing; and at this time how little
they be esteemed in the court that are come to the king's service, and
[have] forsaken their master in his necessity; whereof some he blamed
by name. And with this communication, the dinner being ended, they rose
from the table, and went together into my lord's bedchamber, where they
continued in consultation a certain season. And being there, it chanced
Master Shelley, the judge, to come thither, sent from the king; whereof
relation was made to my lord, which caused the duke and him to break up
their communication; and the duke desired to go into some chamber to
repose him for a season. And as he was coming out of my lord's chamber,
he met with Master Shelley, to whom Master Shelley made relation of the
cause of his coming, and desired the duke to tarry and to assist him
in doing of his message; whom he denied and said, "I have nothing to
do with your message, wherein I will not meddle;" and so departed into
a chamber, where he took his rest for an hour or two. And in the mean
time my lord issued out of his chamber, and came to Master Shelley to
know his message. Who declared unto him, after due salutation, that the
king's pleasure was to have his house at Westminster, (then called York
Place, belonging to the Bishoprick of York,) intending to make of that
house a palace royal; and to possess the same according to the laws
of this his grace's realm. His highness hath therefore sent for all
the judges, and for all his learned counsel, to know their opinions in
the assurance thereof; in whose determinations it was fully resolved,
that your grace should recognise, before a judge, the right thereof
to be in the king and his successors; and so his highness shall be
assured thereof. Wherefore it hath pleased his majesty to appoint me
by his commandment to come hither, to take of you this recognisance,
who hath in you such affiance, that ye will not refuse so to do
accordingly. Therefore I shall desire your grace to know your good will
therein."--"Master Shelley," quoth my lord, "I know that the king of
his own nature is of a royal stomach, and yet not willing more than
justice shall lead him unto by the law. And therefore, I counsel you,
and all other fathers of the law and learned men of his counsel, to put
no more into his head than the law may stand with good conscience; for
when ye tell him, this is the law, it were well done ye should tell
him also that, although _this_ be the law, yet _this_ is conscience;
for law without conscience is not good to be given unto a king in
counsel to use for a lawful right, but always to have a respect to
conscience, before the rigour of the common law, for _laus est facere
quod decet, non quod licet_. The king ought of his royal dignity and
prerogative to mitigate the rigour of the law, where conscience hath
the most force; therefore, in his royal place of equal justice, he hath
constitute a chancellor, an officer to execute justice with clemency,
where conscience is opposed by the rigour of the law. And therefore the
Court of Chancery hath been heretofore commonly called the Court of
Conscience; because it hath jurisdiction to command the high ministers
of the common law to spare execution and judgment, where conscience
hath most effect. Therefore I say to you in this case, although you,
and other of your profession, perceive by your learning that the king
may, by an order of your laws, lawfully do that thing which ye demand
of me; how say you, Master Shelley, may I do it with justice and
conscience, to give that thing away from me and my successors which is
none of mine? If this be law, with conscience, show me your opinion,
I pray you." "Forsooth, my lord," quoth he, "there is some conscience
in this case; but having regard to the king's high power, and to be
employed to a better use and purpose, it may the better be suffered
with conscience; who is sufficient to make recompense to the church of
York with double the value." "That I know well," quoth my lord, "but
here is no such condition neither promised nor agreed, but only a bare
and simple departure with another's right for ever. And if every bishop
may do the like, then might every prelate give away the patrimony of
their churches which is none of theirs; and so in process of time
leave nothing for their successors to maintain their dignities, which,
all things considered, should be but small to the king's honour. Sir,
I do not intend to stand in terms with you in this matter, but let
me see your commission." To whom Master Shelley showed the same, and
that seen, and perceived by him, said again thus: "Master Shelley,"
quoth he, "ye shall make report to the king's highness, that I am
his obedient subject, and faithful chaplain and beadman, whose royal
commandment and request I will in no wise disobey, but most gladly
fulfil and accomplish his princely will and pleasure in all things,
and in especial in this matter, in as much as ye, the fathers of the
laws, say that I may lawfully do it. Therefore I charge your conscience
and discharge mine. Howbeit, I pray you, show his majesty from me,
that I most humbly desire his highness to call to his most gracious
remembrance, that there is both heaven and hell." And therewith the
clerk was called, who wrote my lord's recognisance[165], and after some
secret talk Master Shelley departed. Then rose my Lord of Norfolk from
his repose, and after some communication with my lord he departed.
Thus continued my lord at Asher, who received daily messages from the
court, whereof some were not so good as some were bad, but yet much
more evil than good. For his enemies, perceiving the great affection
that the king bare always towards him, devised a mean to disquiet and
disturb his patience; thinking thereby to give him an occasion to fret
and chafe, that death should rather ensue than increase of health or
life, the which they most desired. They feared him more after his fall
than they did before in his prosperity, doubting much his re-adoption
into authority, by reason that the king's favour remained still towards
him in such force, whereby they might rather be in danger of their
estates, than in any assurance, for their cruelty ministered, by their
malicious inventions, surmised and brought to pass against him.
Therefore they took this order among them in their matters, that
daily they would send him something, or do something against him,
wherein they thought that they might give him a cause of heaviness or
lamentation. As some day they would cause the king to send for four or
five of his gentlemen from him to serve the king: and some other day
they would lay matters newly invented against him. Another day they
would take from him some of his promotions; or of their promotions whom
he [had] preferred before. Then would they fetch from him some of his
yeomen; in so much as the king took into service sixteen of them at
once, and at one time put them into his guard. This order of life he
led continually; that there was no one day but, or ever he went to bed,
he had an occasion greatly to chafe or fret the heart out of his belly,
but that he was a wise man, and bare all their malice in patience[166].
At Christmas he fell sore sick, that he was likely to die. Whereof
the king being advertised, was very sorry therefore, and sent Doctor
Buttes, his grace's physician, unto him, to see in what estate he
was. Doctor Buttes came unto him, and finding him very sick lying in
his bed; and perceiving the danger he was in repaired again unto the
king. Of whom the king demanded, saying, "How doth yonder man, have
you seen him?" "Yea, sir," quoth he. "How do you like him?" quoth the
king. "Forsooth, sir," quoth he, "if you will have him dead, I warrant
your grace he will be dead within these four days, if he receive no
comfort from you shortly, and Mistress Anne." "Marry," quoth the king,
"God forbid that he should die. I pray you, good Master Buttes, go
again unto him, and do your cure upon him; for I would not lose him
for twenty thousand pounds." "Then must your grace," quoth Master
Buttes, "send him first some comfortable message, as shortly as is
possible." "Even so will I," quoth the king, "by you. And therefore
make speed to him again, and ye shall deliver him from me this ring for
a token of our good will and favour towards him, (in the which ring was
engraved the king's visage within a ruby, as lively counterfeit as was
possible to be devised). This ring he knoweth very well; for he gave
me the same; and tell him, that I am not offended with him in my heart
nothing at all, and that shall he perceive, and God send him life, very
shortly. Therefore bid him be of good cheer, and pluck up his heart,
and take no despair. And I charge you come not from him, until ye have
brought him out of all danger of death." And then spake he to Mistress
Anne, saying, "Good sweetheart, I pray you at this my instance, as ye
love us, to send the cardinal a token with comfortable words; and in
so doing ye shall do us a loving pleasure." She being not minded to
disobey the king's earnest request, whatsoever she intended in her
heart towards the cardinal; took incontinent her tablet of gold hanging
at her girdle, and delivered it to Master Buttes, with very gentle and
comfortable words and commendations to the cardinal. And thus Master
Buttes departed, and made speedy return to Asher, to my Lord Cardinal;
after whom the king sent Doctor Clement, Doctor Wotton, and Doctor
Cromer the Scot, to consult and assist Master Buttes for my lord's
health.
After that Master Buttes had been with my lord, and delivered
the king's and Mistress Anne's tokens unto him, with the most
comfortable words he could devise on their behalf, whereat he
rejoiced not a little, advancing him a little in his bed, and received
their tokens most joyfully, thanking Master Buttes for his comfortable
news and pains. Master Buttes showed him furthermore, that the king's
pleasure was, that he should minister unto him for his health: and to
join with him for the better and most assured and brief ways, to be
had for the same, hath sent Doctor Wotton, Doctor Clement, and Doctor
Cromer, to join with him in counsel and ministration. "Therefore,
my lord," quoth he, "it were well done that they should be called
in to visit your person and estate, wherein I would be glad to hear
their opinions, trusting in Almighty God that, through his grace and
assistance, we shall ease you of your pains, and rid you clean from
your disease and infirmity. Wherewith my lord was well pleased and
contented to hear their judgments; for indeed he trusted more to the
Scottish doctor than he did to any of the other, because he was the
very occasion that he inhabited here in England, and before he gave
him partly his exhibition in Paris. Then when they were come into
his chamber, and had talked with him, he took upon him to debate his
disease learnedly among them, so that they might understand that he was
seen in that art. After they had taken order for ministration, it was
not long or they brought him out of all danger and fear of death; and
within four days they set him on his feet, and got him a good stomach
to his meat[167]. This done, and he in a good estate of amendment,
they took their leave to depart, to whom my lord offered his reward;
the which they refused, saying, that the king gave them in special
commandment, to take nothing of him for their pains and ministration;
for at their return his highness said that he would reward them of his
own costs: and thus with great thanks they departed from my lord, whom
they left in good estate of recovery.
[Illustration: _Etched by I. Harris, Jun._
D^R. BUTTS SENT BY THE KING TO THE SICK CARDINAL WITH TOKENS OF FAVOUR.
_From a M.S. in the Collection of Francis Douce Esq^r. F.S.A._
_Published by Harding, Triphook, & Lepard. 1824._]
After this time my lord daily amended, and so continued still at Asher
until Candlemas; against which feast, the king caused to be sent him
three or four cart loads of stuff, and most part thereof was locked in
great standards, (except beds and kitchen-stuff,) wherein was both
plate and rich hangings, and chapel-stuff[168]. Then my lord, being
thus furnished, was therewith well contented; although they whom the
king assigned did not deliver him so good, ne so rich stuff, as the
king's pleasure was, yet was he joyous thereof, and rendered most
humble thanks to the king, and to them that appointed the said stuff
for him, saying to us his servants, at the opening of the same stuff in
the standards, the which we thought, and said, might have been better
appointed if it had pleased them that appointed it: "Nay, sirs," quoth
my lord to us, "he that hath nothing is glad of somewhat, though it
be never so little, and although it be not in comparison half so much
and good as we had before, yet we rejoice more of this little than we
did of the great abundance that we then had; and thank the king very
much for the same, trusting after this to have much more. Therefore let
us all rejoice, and be glad, that God and the king hath so graciously
remembered to restore us to some things to maintain our estate like a
noble person."