CHAPTER X. (p. 249)

THE KING AND HIS PARLIAMENT.

In the closing days of July, 1529, a courier came posting from Rome

with despatches announcing the alliance of Clement and Charles, and

the revocation to the Papal Court of the suit between Henry VIII. and

the Emperor's aunt. Henry replied with no idle threats or empty

reproaches, but his retort was none the less effective. On the 9th of

August[703] writs were issued from Chancery summoning that Parliament

which met on the 3rd of November and did not separate till the last

link in the chain which bound England to Rome was sundered, and the

country was fairly launched on that sixty years' struggle which the

defeat of the Spanish Armada concluded.[704] The step might well seem

a desperate hazard. The last Parliament had broken up in (p. 250)

discontent; it had been followed by open revolt in various shires;

while from others there had since then come demands for the repayment

of the loan, which Henry was in no position to grant. Francis and

Charles, on whose mutual enmity England's safety largely depended, had

made their peace at Cambrai; and the Emperor was free to foment

disaffection in Ireland and to instigate Scotland to war. His chancellor

was boasting that the imperialists could, if they would, drive Henry

from his kingdom within three months,[705] and he based his hopes on

revolt among Henry's own subjects. The divorce had been from the

beginning, and remained to the end, a stumbling-block to the people.

Catherine received ovations wherever she went, while the utmost

efforts of the King could scarcely protect Anne Boleyn from popular

insult. The people were moved, not only by a creditable feeling that

Henry's first wife was an injured woman, but by the fear lest a breach

with Charles should destroy their trade in wool, on which, said the

imperial ambassador, half the realm depended for sustenance.[706]

[Footnote 703: Rymer, _Foedera_, xiv., 302.]

[Footnote 704: It has been alleged that the

immediate object of this Parliament was to relieve

the King from the necessity of repaying the loan

(_D.N.B._, xxvi., 83); and much scorn has been

poured on the notion that it had any important

purpose (_L. and P._, iv., Introd., p. dcxlvii.).

Brewer even denies its hostility to the Church on

the ground that it was composed largely of lawyers,

and "lawyers are not in general enemies to things

established; they are not inimical to the clergy".

Yet the law element was certainly stronger in the

Parliaments of Charles I. than in that of 1529;

were they not hostile to "things established" and

"inimical to the clergy"? Contemporaries had a

different opinion of the purpose of the Parliament

of 1529. "It is intended," wrote Du Bellay on the

23rd of August, three months before Parliament met,

"to hold a Parliament here this winter and act by

their own absolute power, in default of justice

being administered by the Pope in this divorce"

(_ibid._, iv., 5862; _cf._ iv., 6011, 6019, 6307);

"nothing else," wrote a Florentine in December,

1530, "is thought of in that island every day

except of arranging affairs in such a way that they

do no longer be in want of the Pope, neither for

filling vacancies in the Church, nor for any other

purpose" (_ibid._, iv., 6774).]

[Footnote 705: _L. and P._, iv., 4909, 4911; _cf._

5177, 5501.]

[Footnote 706: _Ibid._, vi., 1528.]

To summon a Parliament at such a conjuncture seemed to be courting

certain ruin. In reality, it was the first and most striking instance

of the audacity and insight which were to enable Henry to guide the

whirlwind and direct the storm of the last eighteen years of his (p. 251)

reign. Clement had put in his hands the weapon with which he secured

his divorce and broke the bonds of Rome. "If," wrote Wolsey a day or

two before the news of the revocation arrived, "the King be cited to

appear at Rome in person or by proxy, and his prerogative be interfered

with, none of his subjects will tolerate it. If he appears in Italy,

it will be at the head of a formidable army."[707] A sympathiser with

Catherine expressed his resentment at his King being summoned to plead

as a party in his own realm before the legatine Court;[708] and it has

even been suggested that those proceedings were designed to irritate

popular feeling against the Roman jurisdiction. Far more offensive was

it to national prejudice, that England's king should be cited to

appear before a court in a distant land, dominated by the arms of a

foreign prince. Nothing did more to alienate men's minds from the

Papacy. Henry would never have been able to obtain his divorce on its

merits as they appeared to his people. But now the divorce became

closely interwoven with another and a wider question, the papal

jurisdiction in England; and on that question Henry carried with him

the good wishes of the vast bulk of the laity. There were few Englishmen

who would not resent the petition presented to the Pope in 1529 by

Charles V. and Ferdinand that the English Parliament should be forbidden

to discuss the question of divorce.[709] By summoning Parliament,

Henry opened the floodgates of anti-papal and anti-sacerdotal feelings

which Wolsey had long kept shut; and the unpopular divorce became (p. 252)

merely a cross-current in the main stream which flowed in Henry's favour.

[Footnote 707: _L. and P._, iv., 5797.]

[Footnote 708: Cavendish, p. 210; _L. and P._, iv.,

Introd., p. dv.]

[Footnote 709: _Sp. Cal._, iii., 979.]

It was thus with some confidence that Henry appealed from the Pope to

his people. He could do so all the more surely, if, as is alleged,

there was no freedom of election, and if the House of Commons was

packed with royal nominees.[710] But these assertions may be dismissed

as gross exaggerations. The election of county members was marked by

unmistakable signs of genuine popular liberty. There was often a riot,

and sometimes a secret canvass among freeholders to promote or defeat

a particular candidate.[711] In 1547 the council ventured to recommend

a minister to the freeholders of Kent. The electors objected; the

council reprimanded the sheriff for representing its recommendation as

a command; it protested that it never dreamt of depriving the shire of

its "liberty of election," but "would take it thankfully" if the

electors would give their voices to the ministerial candidate. The

electors were not to be soothed by soft words, and that Government

candidate had to find another seat.[712] In the boroughs there was

every variety of franchise. In some it was almost democratic; in

others elections were in the hands of one or two voters. In the city

of London the election for the Parliament of 1529 was held on (p. 253)

5th October, _immensa communitate tunc presente_, in the Guildhall;

there is no hint of royal interference, the election being conducted

in the customary way, namely, two candidates were nominated by the

mayor and aldermen, and two by the citizens.[713] The general tendency

had for more than a century, however, been towards close corporations

in whose hands the parliamentary franchise was generally vested, and

consequently towards restricting the basis of popular representation.

The narrower that basis became, the greater the facilities it afforded

for external influence. In many boroughs elections were largely

determined by recommendations from neighbouring magnates, territorial

or official.[714] At Gatton the lords of the manor nominated the

members for Parliament, and the formal election was merely a matter of

drawing up an indenture between Sir Roger Copley and the sheriff,[715]

and the Bishop of Winchester was wont to select representatives for

more than one borough within the bounds of his diocese.[716] The Duke

of Norfolk claimed to be able to return ten members in Sussex and

Surrey alone.[717]

[Footnote 710: "The choice of the electors," says

Brewer (_L. and P._, iv., Introd., p. dcxlv.), "was

still determined by the King or his powerful

ministers with as much certainty and assurance as

that of the sheriffs."]

[Footnote 711: _L. and P._, i., 792, vii., 1178,

where mention is made of "secret labour" among the

freeholders of Warwickshire for the bye-election on

Sir E. Ferrers' death in 1534; and x., 1063, where

there is described a hotly contested election

between the candidate of the gentry of Shropshire

and the candidate of the townsfolk of Shrewsbury.]

[Footnote 712: _Acts of the Privy Council_,

1547-50, pp. 516, 518, 519; _England under

Protector Somerset_, pp. 71, 72.]

[Footnote 713: _Narratives of the Reformation_,

Camden Soc., pp. 295, 296.]

[Footnote 714: _Cf._ Duchess of Norfolk's letter to

John Paston, 8th June, 1455 (_Paston Letters_, ed.

1900, i., 337), and in 1586 Sir Henry Bagnal asked

the Earl of Rutland if he had a seat to spare in

Parliament as Bagnal was anxious "for his

learning's sake to be made a Parliament man"

(_D.N.B._, Suppl., i., 96).]

[Footnote 715: _L. and P._, xiv., 645; _cf._

Hallam, 1884, iii., 44-45.]

[Footnote 716: Foxe, ed. Townsend, vi., 54. There

are some illustrations and general remarks on

Henry's relations with Parliament in Porritt's

_Unreformed House of Commons_, 2 vols., 1903.]

[Footnote 717: At Reigate, says the Duke, "I doubt

whether any burgesses be there or not" (_L. and

P._, x., 816); and apparently there were none at

Gatton.]

But these nominations were not royal, and there is no reason (p. 254)

to suppose that the nominees were any more likely to be subservient to

the Crown than freely elected members unless the local magnate happened

to be a royal minister. Their views depended on those of their patrons,

who might be opposed to the Court; and, in 1539, Cromwell's agents

were considering the advisability of setting up Crown candidates

against those of Gardiner, Bishop of Winchester.[718] The curious

letter to Cromwell in 1529,[719] upon which is based the theory that

the House of Commons consisted of royal nominees, is singularly

inconclusive. Cromwell sought Henry's permission to serve in

Parliament for two reasons; firstly, he was still a servant of the

obnoxious and fallen Cardinal; secondly, he was seeking to transfer

himself to Henry's service, and thought he might be useful to the King

in the House of Commons. If Henry accepted his offer, Cromwell was to

be nominated for Oxford; if he were not elected there, he was to be

put up for one of the boroughs in the diocese of Winchester, then

vacant through Wolsey's resignation. Even with the King's assent, his

election at Oxford was not regarded as certain; and, as a matter of

fact, Cromwell sat neither for Oxford, nor for any constituency (p. 255)

in the diocese of Winchester, but for the borough of Taunton.[720]

Crown influence could only make itself effectively felt in the limited

number of royal boroughs; and the attempts to increase that influence

by the creation of constituencies susceptible to royal influence were

all subsequent in date to 1529. The returns of members of Parliament

are not extant from 1477 to 1529, but a comparison of the respective

number of constituencies in those two years reveals only six in 1529

which had not sent members to a previous Parliament; and almost if not

all of these six owed their representation to their increasing

population and importance, and not to any desire to pack the House of

Commons. Indeed, as a method of enforcing the royal will upon

Parliament, the creation of half a dozen boroughs was both futile and

unnecessary. So small a number of votes was useless, except in the

case of a close division of well-drilled parties, of which there is no

trace in the Parliaments of Henry VIII.[721] The House of Commons

acted as a whole, and not in two sections. "The sense of the House"

was more apparent in its decisions then than it is to-day. Actual

divisions were rare; either a proposal commended itself to the House,

or it did not; and in both cases the question was usually determined

without a vote.

[Footnote 718: This seems to have been the object

of Southampton's tour through the constituencies of

Surrey and Hampshire in March, 1539; with one of

Gardiner's pocket-boroughs he did not meddle,

because the lord chamberlain was the Bishop's

steward there (_L. and P._, xiv., i., 520). There

were some royal nominees in the House of Commons.

In 1523 the members for Cumberland were nominated

by the Crown (_ibid._, iii., 2931); at Calais the

lord-deputy and council elected one of the two

burgesses and the mayor and burgesses the other

(_ibid._, x., 736). Calais and the Scottish Borders

were of course exceptionally under Crown influence,

but this curious practice may have been observed in

some other cities and boroughs; in 1534, for

instance, the King was to nominate to one of the

two vacancies at Worcester (_ibid._, vii., 56).]

[Footnote 719: _Ibid._, iv., App. 238.]

[Footnote 720: _Official Return of Members of

Parliament_, i., 370.]

[Footnote 721: Occasionally there were divisions,

_e.g._, in 1523 when the court party voted a

subsidy of 2_s._ in the pound; but this was only

half the sum demanded by Wolsey (Hall, pp. 656,

657, Ellis, _Orig. Letters_, I., i., 220, 221).]

The creation of boroughs was also unnecessary. Parliaments packed

themselves quite well enough to suit Henry's purpose, without (p. 256)

any interference on his part. The limiting of the county franchise to

forty-shilling (_i.e._, thirty pounds in modern currency) freeholders,

and the dying away of democratic feeling in the towns, left

parliamentary representation mainly in the hands of the landed gentry

and of the prosperous commercial classes; and from them the Tudors

derived their most effective support. There was discontent in

abundance during Tudor times, but it was social and economic, and not

as a rule political. It was directed against the enclosers of common

lands; against the agricultural capitalists, who bought up farms,

evicted the tenants, and converted their holdings to pasture; against

the large traders in towns who monopolised commerce at the expense of

their poorer competitors. It was concerned, not with the one tyrant on

the throne, but with the thousand petty tyrants of the villages and

towns, against whom the poorer commons looked to their King for

protection. Of this discontent Parliament could not be the focus, for

members of Parliament were themselves the offenders. "It is hard,"

wrote a contemporary radical, "to have these ills redressed by

Parliament, because it pricketh them chiefly which be chosen to be

burgesses.... Would to God they would leave their old accustomed

choosing of burgesses! For whom do they choose but such as be rich or

bear some office in the country, many times such as be boasters and

braggers? Such have they ever hitherto chosen; be he never so very a

fool, drunkard, extortioner, adulterer, never so covetous and crafty a

person, yet, if he be rich, bear any office, if he be a jolly cracker

and bragger in the country, he must be a burgess of Parliament. Alas,

how can any such study, or give any godly counsel for the (p. 257)

commonwealth?"[722] This passage gives no support to the theory that

members of Parliament were nothing but royal nominees. If the

constituencies themselves were bent on electing "such as bare office

in the country," there was no call for the King's intervention; and

the rich merchants and others, of whom complaint is made, were almost

as much to the royal taste as were the officials themselves.

[Footnote 722: Brinkelow, _Complaynt of Roderik

Mors_ (Early English Text Society), pp. 12, 13; for

other evidence of the attitude of Parliament

towards social grievances, see John Hales's letter

to Somerset in _Lansdowne MS._, 238; Crowley's

_Works_ (Early English Text Society), _passim_;

Latimer, _Sermons_, p. 247.]

For the time being, in fact, the interests of the King and of the lay

middle classes coincided, both in secular and ecclesiastical affairs.

Commercial classes are generally averse from war, at least from war

waged within their own borders, from which they can extract no profit.

They had every inducement to support Henry's Government against the

only alternative, anarchy. In ecclesiastical politics they, as well as

the King, had their grievances against the Church. Both thought the

clergy too rich, and that ecclesiastical revenues could be put to

better uses in secular hands. Community of interests produced harmony

of action; and a century and a half was to pass before Parliament

again met so often, or sat so long, as it did during the latter half

of Henry's reign. From 1509 to 1515 there had been on an average a

parliamentary session once a year,[723] and in February, 1512, Warham,

as Lord Chancellor, had in opening the session discoursed on the (p. 258)

necessity of frequent Parliaments.[724] Then there supervened the

ecclesiastical despotism of Wolsey, who tried, like Charles I., to

rule without Parliament, and with the same fatal result to himself;

but, from Wolsey's fall till Henry's death, there was seldom a year

without a parliamentary session. Tyrants have often gone about to

break Parliaments, and in the end Parliaments have generally broken

them. Henry was not of the number; he never went about to break

Parliament. He found it far too useful, and he used it. He would have

been as reluctant to break Parliament as Ulysses the bow which he

alone could bend.

[Footnote 723: The first Parliament of the reign

met in January, 1510, the second in February, 1512.

It had a second session, November-December of the

same year (_L. and P._, i., 3502). A third

Parliament met for its first session on 23rd

January, 1514, for its second on 5th February,

1515, and for its third on 12th November, 1515

(_ibid._, i., 5616, 5725, ii., 1130). It was this

last of which Wolsey urged "the more speedy

dissolution"; then for fourteen years there was

only one Parliament, that of 1523. These dates

illustrate the antagonism between Wolsey and

Parliament and show how natural it was that Wolsey

should fall in 1529, and that his fall should

coincide with the revival of Parliament.]

No monarch, in fact, was ever a more zealous champion of parliamentary

privileges, a more scrupulous observer of parliamentary forms, or a

more original pioneer of sound constitutional doctrine. In 1543 he

first enunciated the constitutional principle that sovereignty is

vested in the "King in Parliament". "We," he declared to the Commons,

"at no time stand so highly in our estate royal as in the time of

Parliament, wherein we as head and you as members are conjoined and

knit together in one body politic, so as whatsoever offence or injury

during that time is offered to the meanest member of the House, is to

be judged as done against our person and the whole Court of

Parliament."[725] He was careful to observe himself the deference to

parliamentary privilege which he exacted from others. It is no (p. 259)

strange aberration from the general tenor of his rule that in 1512

by Strode's case[726] the freedom of speech of members of Parliament

was established, and their freedom from arrest by Ferrers' case in

1543. In 1515 Convocation had enviously petitioned for the same

liberty of speech as was enjoyed in Parliament, where members might

even attack the law of the land and not be called in question

therefor.[727] "I am," writes Bishop Gardiner, in 1547, apologising

for the length of a letter, "like one of the Commons' house, that,

when I am in my tale, think I should have liberty to make an

end;"[728] and again he refers to a speech he made during Henry's

reign "in the Parliament house, _where was free speech without

danger_".[729] Wolsey had raised a storm in 1523 by trying to browbeat

the House of Commons. Henry never erred in that respect. In 1532 a

member moved that Henry should take back Catherine to wife.[730]

Nothing could have touched the King on a tenderer spot. Charles I.,

for a less offence, would have gone to the House to arrest the (p. 260)

offender. All Henry did was to argue the point of his marriage with

the Speaker and a deputation from the Commons; no proceedings whatever

were taken against the member himself. In 1529 John Petit, one of the

members for London, opposed the bill releasing Henry from his

obligation to repay the loan; the only result apparently was to

increase Petit's repute in the eyes of the King, who "would ask in

Parliament time if Petit were on his side".[731] There is, in fact,

nothing to show that Henry VIII. intimidated his Commons at any time,

or that he packed the Parliament of 1529. Systematic interference in

elections was a later expedient devised by Thomas Cromwell. It was

apparently tried during the bye-elections of 1534, and at the general

elections of 1536[732] and 1539. Cromwell then endeavoured to secure

a majority in favour of himself and his own particular policy (p. 261)

against the reactionary party in the council. His schemes had created

a division among the laity, and rendered necessary recourse to

political methods of which there was no need, so long as the laity

remained united against the Church. Nor is it without significance

that its adoption was shortly followed by Cromwell's fall. Henry did

not approve of ministers who sought to make a party for themselves.

The packing of Parliaments has in fact been generally the death-bed

expedient of a moribund Government. The Stuarts had their "Undertakers,"

and the only Parliament of Tudor times which consisted mainly of

Government nominees was that gathered by Northumberland on the eve of

his fall in March, 1553; and that that body was exceptionally

constituted is obvious from Renard's inquiry in August, 1553, as to

whether Charles V. would advise his cousin, Queen Mary, to summon a

general Parliament or merely an assembly of "notables" after the

manner introduced by Northumberland.

[Footnote 724: _L. and P._, i., 2082.]

[Footnote 725: Holinshed, _Chronicles_, iii., 956.]

[Footnote 726: Hallam, _Const. Hist._, ii., 4.]

[Footnote 727: _L. and P._, ii., 1314. In some

respects the House of Commons appears to have

exercised unconstitutional powers, _e.g._, in 1529

one Thomas Bradshaw, a cleric, was indicted for

having conspired to poison members of Sir James

Worsley's household, and on 27th February, 1531,

Henry VIII. orders Lady Worsley not to trouble

Bradshaw any more, "as the House of Commons has

decided that he is not culpable" (_ibid._, iv.,

6293; v., 117; _cf._ the case of John Wolf and his

wife, _ibid._, vi., 742; vii., _passim_). The claim

to criminal jurisdiction which the House of Commons

asserted in Floyd's case (1621) seems in fact to

have been admitted by Henry VIII.; compare the

frequent use of acts of attainder.]

[Footnote 728: Foxe, ed. Townsend, vi., 33.]

[Footnote 729: _Ibid._, vi., 43.]

[Footnote 730: In the House of Lords in 1531 the

Bishops of St. Asaph and of Bath with a similar

immunity attacked the defence of Henry's divorce

policy made by the Bishops of Lincoln and London

(_L. and P._, v., 171).]

[Footnote 731: _Narratives of the Reformation_

(Camden Soc.), p. 25.]

[Footnote 732: Hence the complaints of the northern

rebels late in that year (_L. and P._, xi., 1143,

1182 [15], 1244, 1246); these are so to speak the

election petitions of the defeated party; the chief

complaint is that non-residents were chosen who

knew little about the needs of their constituents,

and they made the advanced demand that all King's

servants or pensioners be excluded.

The most striking instance of interference in

elections is Cromwell's letter to the citizens of

Canterbury, written on 18th May, 1536, and first

printed in Merriman's _Cromwell_, 1902, ii., 13; he

there requires the electors to annul an election

they had made in defiance of previous letters, and

return as members Robert Derknall (a member of the

royal household, _L. and P._, xv., pp. 563-5) and

John Brydges, M.P. for Canterbury in 1529-36,

instead of the two who had been unanimously chosen

by eighty electors on 11th May (_L. and P._, x.,

852). The Mayor thereupon assembled ninety-seven

citizens who "freely with one voice and without any

contradiction elected the aforesaid" (_ibid._, x.,

929). These very letters show that electors did

exercise a vote, and the fact that from 1534 to

1539 we find traces of pressure being put upon

them, affords some presumption that before the rise

of Cromwell, when we find no such traces no such

pressure was exerted. The most striking exception

must not be taken as the rule. See p. 317 _n._]

But, while Parliament was neither packed nor terrorised to any great

extent, the harmony which prevailed between it and the King has

naturally led to the charge of servility. Insomuch as it was servile

at all, Parliament faithfully represented its constituents; but the

mere coincidence between the wishes of Henry and those of Parliament

is no proof of servility.[733] That accusation can only be (p. 262)

substantiated by showing that Parliament did, not what it wanted, but

what it did not want, out of deference to Henry. And that has never

been proved. It has never been shown that the nation resented the

statutes giving Henry's proclamations the force of laws, enabling him

to settle the succession by will, or any of the other acts usually

adduced to prove the subservience of Parliament. When Henry was dead,

Protector Somerset secured the repeal of most of these laws, but he

lost his head for his pains. There is, indeed, no escape from the

conclusion that the English people then approved of a dictatorship,

and that Parliament was acting deliberately and voluntarily when it

made Henry dictator. It made him dictator because it felt that he

would do what it wanted, and better with, than without, extraordinary

powers. The fact that Parliament rejected some of Henry's measures is

strong presumption that it could have rejected more, had it been so

minded. No projects were more dear to Henry's heart than the statutes

of Wills and of Uses, yet both were rejected twice at least in the

Parliament of 1529-36.[734]

[Footnote 733: "Parliament," says Brewer,

"faithfully reflected the King's wishes." It is

equally true to say that the King reflected the

wishes of Parliament; and the accusation of

servility is based on the assumption that

Parliament must either be in chronic opposition to

the Crown or servile. One of Brewer's reasons for

Henry's power is that he "required no grants of

money"! (_L. and P._, iv., Introd., p. dcxlv.).]

[Footnote 734: "Henry," writes Chapuys in 1532,

"has been trying to obtain from Parliament the

grant of a third of the feudal property of deceased

lords, but as yet has got nothing" (_L. and P._,

v., 805). Various other instances are mentioned in

the following pages, and they could doubtless be

multiplied if the Journals of the House of Commons

were extant for this period.]

The general harmony between King and Parliament was based on a

fundamental similarity of interests; the harmony in detail was worked

out, not by the forcible exertion of Henry's will, but by his careful

and skilful manipulation of both Houses. No one was ever a greater

adept in the management of the House of Commons, which is easy (p. 263)

to humour but hard to drive. Parliaments are jealous bodies, but

they are generally pleased with attentions; and Henry VIII. was very

assiduous in the attentions he paid to his lay Lords and Commons. From

1529 he suffered no intermediary to come between Parliament and

himself. Cromwell was more and more employed by the King,[735] but

only in subordinate matters, and when important questions were at

issue Henry managed the business himself. He constantly visited both

Houses and remained within their precincts for hours at a time,[736]

watching every move in the game and taking note of every symptom of

parliamentary feeling. He sent no royal commands to his faithful

Commons; in this respect he was less arbitrary than his daughter,

Queen Elizabeth. He submitted points for their consideration, argued

with them, and frankly gave his reasons. It was always done, of course,

with a magnificent air of royal condescension, but with such grace (p. 264)

as to carry the conviction that he was really pleased to condescend

and to take counsel with his subjects, and that he did so because he

trusted his Parliament, and expected his Parliament to place an equal

confidence in him. Henry VIII. acted more as the leader of both Houses

than as a King; and, like modern parliamentary leaders, he demanded

the bulk of their time for measures which he himself proposed.

[Footnote 735: Cromwell used to report to the King

on the feeling of Parliament; thus in 1534 (_L. and

P._, vii., 51) he tells Henry how far members were

willing to go in the creation of fresh treasons,

"they be contented that deed and writing shall be

treason," but words were to be only misprision;

they refused to include an heir's rebellion or

disobedience in the bill, "as rebellion is already

treason and disobedience is no cause of forfeiture

of inheritance," and they thought "that the King of

Scots should in no wise be named" (there is in the

Record Office a draft of the Treasons Bill of 1534

materially differing from the Act as passed.

Therefore either the bill did not originate with

the Government and was modified under Government

pressure, or it did originate with the Government

and was modified under parliamentary pressure).

This is how Henry's legislation was evolved; there

is no foundation for the assertion that Parliament

merely registered the King's edicts.]

[Footnote 736: _E.g._, _L. and P._, v., 120. At other

times Parliament visited him. "On Thursday last,"

writes one on 8th March, 1534, "the whole

Parliament were with the King at York Place for

three hours" (_ibid._, vii., 304).]

The fact that the legislation of Henry's reign was initiated almost

entirely by Government is not, however, a conclusive proof of the

servility of Parliament. For, though it may have been the theory that

Parliament existed to pass laws of its own conception, such has never

been the practice, except when there has been chronic opposition

between the executive and the legislature. Parliament has generally

been the instrument of Government, a condition essential to strong and

successful administration; and it is still summoned mainly to discuss

such measures as the executive thinks fit to lay before it. Certainly

the proportion of Government bills to other measures passed in Henry's

reign was less than it is to-day. A private member's bill then stood

more chance of becoming law, and a Government bill ran greater risks

of being rejected. That, of course, is not the whole truth. One of the

reasons why Henry's House of Commons felt at liberty to reject bills

proposed by the King, was that such rejection did not involve the fall

of a Government which on other grounds the House wished to support. It

did not even entail a dissolution. Not that general elections possessed

any terrors for sixteenth-century Parliaments. A seat in the House of

Commons was not considered a very great prize. The classes, from (p. 265)

which its members were drawn, were much more bent on the pursuit of

their own private fortunes than on participation in public affairs.

Their membership was not seldom a burden,[737] and the long sessions

of the Reformation Parliament constituted an especial grievance. One

member complained that those sessions cost him equivalent to about

five hundred pounds over and above the wages paid him by his

constituents.[738] Leave to go home was often requested, and the

imperial ambassador records that Henry, with characteristic craft,

granted such licences to hostile members, but refused them to his own

supporters.[739] That was a legitimate parliamentary stratagem. It was

not Henry's fault if members preferred their private concerns to the

interests of Catherine of Aragon or to the liberties of the Catholic

Church.

[Footnote 737: Some at least of the royal

nominations to Parliament were due to the fact that

nothing less than a royal command could produce a

representative at all.]

[Footnote 738: _L. and P._, vii., 302.]

[Footnote 739: _Ibid._, v., 120.]

Henry's greatest advantage lay, however, in a circumstance which

constitutes the chief real difference between the Parliaments of the

sixteenth century and those of to-day. His members of Parliament were

representatives rather than delegates. They were elected as fit and

proper persons to decide upon such questions as should be submitted to

them in the Parliament House, and not merely as fit and proper persons

to register decisions already reached by their constituents. Although

they were in the habit of rendering to their constituents an account

of their proceedings at the close of each session,[740] and although

the fact that they depended upon their constituencies for their wages

prevented their acting in opposition to their constituents' (p. 266)

wishes, they received no precise instructions. They went to Parliament

unfettered by definite pledges. They were thus more susceptible, not

only to pressure, but also to argument; and it is possible that in

those days votes were sometimes affected by speeches. The action of

members was determined, not by previous engagements or party discipline,

but by their view of the merits and necessities of the case before

them. Into that view extraneous circumstances, such as fear of the

King, might to a certain extent intrude; but such evidence as is

available points decisively to the conclusion that co-operation

between the King and Parliament was secured, partly by Parliament

doing what Henry wanted, and partly by Henry doing what Parliament

wanted. Parliament did not always do as the King desired, nor did the

King's actions always commend themselves to Parliament. Most of the

measures of the Reformation Parliament were matters of give and take.

It was due to Henry's skill, and to the circumstances of the time that

the King's taking was always to his own profit, and his giving at the

expense of the clergy. He secured the support of the Commons for his

own particular ends by promising the redress of their grievances

against the bishops and priests. It is said that he instituted the

famous petitions urged against the clergy in 1532, and it is hinted

that the abuses, of which those petitions complained, had no real

existence. No doubt Henry encouraged the Commons' complaints; he had

every reason to do so, but he did not invent the abuses. If the

Commons did not feel the grievances, the King's promise to redress

them would be no inducement to Parliament to comply with the royal

demands. The hostility of the laity to the clergy, arising out (p. 267)

of these grievances, was in fact the lever with which Henry overthrew

the papal authority, and the basis upon which he built his own

supremacy over the Church.

[Footnote 740: _Cf. ibid._, iv., App. 1.]

This anti-ecclesiastical bias on the part of the laity was the

dominant factor in the Reformation under Henry VIII. But the word in

its modern sense is scarcely applicable to the ecclesiastical policy

of that King. Its common acceptation implies a purification of

doctrine, but it is doubtful whether any idea of interfering with

dogma ever crossed the minds of the monarchs, who, for more than a

generation, had been proclaiming the need for a reformation. Their

proposal was to reform the practice of the clergy; and the method they

favoured most was the abolition of clerical privileges and the

appropriation of ecclesiastical property. The Reformation in England,

so far as it was carried by Henry VIII., was, indeed, neither more nor

less than a violent self-assertion of the laity against the immunities

which the Church had herself enjoyed, and the restraints which she

imposed upon others. It was not primarily a breach between the Church

of England and the Roman communion, a repudiation on the part of

English ecclesiastics of a harassing papal yoke; for it is fairly

obvious that under Henry VIII. the Church took no measures against

Rome that were not forced on it by the State. It was not till the

reigns of Edward VI. and Elizabeth that the Church accorded a consent,

based on conviction, to a settlement originally extorted by force. The

Reformation was rather a final assertion by the State of its authority

over the Church in England. The breach with the Roman Church, the

repudiation of papal influence in English ecclesiastical affairs, was

not a spontaneous clerical movement; it was the effect of the (p. 268)

subjection of the Church to the national temporal power. The Church in

England had hitherto been a semi-independent part of the political

community. It was semi-national, semi-universal; it owed one sort of

fealty to the universal Pope, and another to the national King. The

rising spirit of nationality could brook no divided allegiance; and

the universal gave way to the national idea. There was to be no

_imperium in imperio_, but "one body politic,"[741] with one Supreme

Head. Henry VIII. is reported by Chapuys as saying that he was King,

Emperor and Pope, all in one, so far as England was concerned.[742]

The Church was to be nationalised; it was to compromise its universal

character, and to become the Church _of_ England, rather than a branch

of the Church universal _in_ England.

[Footnote 741: The phrase occurs in Cromwell's

draft bill for the submission of Convocation (_L.

and P._, v., 721).]

[Footnote 742: _Ibid._, v., 361. This was in

reference to Henry's refusal to allow a visitation

of the Cistercian monasteries, of which Chapuys

thought they stood in great need (31st July,

1531).]

The revolution was inevitably effected through the action of the State

rather than that of the Church. The Church, which, like religion

itself, is in essence universal and not national, regarded with

abhorrence the prospect of being narrowed and debased to serve

political ends. The Church in England had moreover no means and no

weapons wherewith to effect an internal reformation independent of the

Papacy; as well might the Court of King's Bench endeavour to reform

itself without the authority of King and Parliament. The whole

jurisdiction of the Church was derived in theory from the Pope; when

Wolsey wished to reform the monasteries he had to seek authority from

Leo X.; the Archbishop of Canterbury held a court at Lambeth and (p. 269)

exercised juridical powers, but he did so as _legatus natus_ of

the Apostolic See, and not as archbishop, and this authority could at

any time be superseded by that of a legate _a latere_, as Warham's was

by Wolsey's. It was not his own but the delegated jurisdiction of

another.[743] Bishops and archbishops were only the channels of a

jurisdiction flowing from a papal fountain. Henry charged Warham in

1532 with _praemunire_ because he had consecrated the Bishop of St.

Asaph before the Bishop's temporalties had been restored.[744] The

Archbishop in reply stated that he merely acted as commissary of the

Pope, "the act was the Pope's act," and he had no discretion of his

own. He was bound to consecrate as soon as the Bishop had been

declared such in consistory at Rome. Chapters might elect, the

Archbishop might consecrate, and the King might restore the

temporalties; but none of these things gave a bishop jurisdiction.

There were in fact two and only two sources of power and jurisdiction,

the temporal sovereign and the Pope; reformation must be effected by

the one or the other. Wolsey had ideas of a national ecclesiastical

reformation, but he could have gone no farther than the Pope, who gave

him his authority, permitted. Had the Church in England transgressed

that limit, it would have become dead in schism, and Wolsey's

jurisdiction would have _ipso facto_ ceased. Hence the fundamental (p. 270)

impossibility of Wolsey's scheme; hence the ultimate resort to the

only alternative, a reformation by the temporal sovereign, which

Wycliffe had advocated and which the Anglicans of the sixteenth

century justified by deriving the royal supremacy from the authority

conceded by the early Fathers to the Roman Emperor--an authority prior

to the Pope's.

[Footnote 743: _Cf._ Maitland, _Roman Canon Law_;

Pollock and Maitland, _History of English Law_, i.,

90 (Bracton regards the Pope as the Englishman's

"Ordinary"); and Leadam, _Select Cases from the

Star Chamber_, Introd., pp. lxxxvi.-viii.]

[Footnote 744: _L. and P._, v., 1247. A curious

point about this document, unnoticed by the editor,

is that the Bishop of St. Asaph had been

consecrated as far back as 1518, and that he was

the Standish who had played so conspicuous a part

in the early Church and State disputes of Henry's

reign. This is an echo of the "Investiture"

controversy (Luchaire, _Manuel_, pp. 509, 510).]

Hence, too, the agency employed was Parliament and not

Convocation.[745] The representatives of the clergy met of course as

frequently as those of the laity, but their activity was purely

defensive. They suggested no changes themselves, and endeavoured

without much success to resist the innovations forced upon them by

King and by Parliament. They had every reason to fear both Henry and

the Commons. They were conscious that the Church had lost its hold

upon the nation. Its impotence was due in part to its own corruption,

in part to the fact that thriving commercial and industrial classes,

like those which elected Tudor Parliaments, are as a rule impatient of

religious or at least sacerdotal dictation. God and Mammon, in spite

of all efforts at compromise, do not really agree. In 1529, before the

meeting of Parliament, Campeggio had appealed to Henry to prevent the

ruin of the Church; he felt that without State protection the Church

could hardly stand. In 1531 Warham, the successor of Becket and

Langton, excused his compliance with Henry's demands by pleading (p. 271)

_Ira principis mors est_.[746] In the draft of a speech he drew up

just before his death,[747] the Archbishop referred to the case of St.

Thomas, hinted that Henry VIII. was going the way of Henry II., and

compared his policy with the constitutions of Clarendon. The comparison

was extraordinarily apt; Henry VIII. was doing what Henry II. had

failed to do, and the fate that attended the Angevin king might have

befallen the Tudor had Warham been Becket and the Church of the

sixteenth been the same as the Church of the twelfth century. But they

were not, and Warham appealed in vain to the liberties of the Church

granted by Magna Carta, and to the "ill end" of "several kings who

violated them". Laymen, he complained, now "advanced" their own laws

rather than those of the Church. The people, admitted so staunch a

churchman as Pole, were beginning to hate the priests.[748] "There

were," wrote Norfolk, "infinite clamours of the temporalty here in

Parliament against the misuse of the spiritual jurisdiction.... This

realm did never grudge the tenth part against the abuses of the Church

at no Parliament in my days, as they do now."[749]

[Footnote 745: "It was not from Parliament," says

Brewer (_L. and P._, iv., Introd., p. dcxlvii.),

"but from Convocation that the King had to

anticipate any show of independence or opposition."

True, to some extent; but the fact does not prove,

as Brewer alleges, that Convocation was more

independent than Parliament, but that Henry was

doing what Parliament liked and Convocation

disliked.]

[Footnote 746: "The Queen replied that they were

all fine councillors, for when she asked advice of

the Archbishop of Canterbury, he replied that he

would not meddle in these affairs, saying

frequently, _Ira principis mors est_" (Chapuys to

Charles V., 6th June, 1531). Warham was one of the

counsel assigned to the Queen for the divorce

question.]

[Footnote 747: _L. and P._, v., 1247. Warham also

made a formal protest against the legislation of

1529-32 (_ibid._, v., 818). The likeness between

Henry VIII. and Henry II. extended beyond their

policy to their personal characteristics, and the

great Angevin was much in the Tudor's mind at this

period. Chapuys also called Henry VIII.'s attention

to the fate of Henry II. (_ibid._, vii., 94).]

[Footnote 748: _L. and P._, v., App. 10.]

[Footnote 749: _Ibid._, v., 831; _cf._ v., 898,

989, App. 28.]

These infinite clamours and grudging were not the result of the (p. 272)

conscientious rejection of any Catholic or papal doctrine. Englishmen

are singularly free from the bondage of abstract ideas, and they began

their Reformation not with the enunciation of some new truth, but with

an attack on clerical fees. Reform was stimulated by a practical

grievance, closely connected with money, and not by a sense of wrong

done to the conscience. No dogma plays such a part in the English

Reformation as Justification by Faith did in Germany, or Predestination

in Switzerland. Parliament in 1530 had not been appreciably affected

by Tyndale's translation of the Bible or by any of Luther's works.

Tyndale was still an exile in the Netherlands, pleading in vain for

the same toleration in England as Charles V. permitted across the sea.

Frith was in the Tower--a man, wrote the lieutenant, Walsingham, whom

it would be a great pity to lose, if only he could be reconciled[750]--and

Bilney was martyred in 1531. A parliamentary inquiry was threatened in

the latter case, not because Parliament sympathised with Bilney's

doctrine, but because it was said that the clergy had procured his

burning before obtaining the State's consent.[751] Parliament was as

zealous as Convocation against heresy, but wanted the punishment of

heretics left in secular hands.

[Footnote 750: _L. and P._, v., 1458.]

[Footnote 751: _Ibid._, v., 522; vii., 171.]

In this, as in other respects, the King and his Parliament were in the

fullest agreement. Henry had already given proof of his anti-clerical

bias by substituting laymen for churchmen in those great offices of

State which churchmen had usually held. From time immemorial the Lord

Chancellor had been a Bishop,[752] but in 1529 Wolsey was succeeded

by More, and, later on, More by Audley. Similarly, the privy seal (p. 273)

had been held in Henry's reign by three bishops successively, Fox,

Ruthal and Tunstall: now it was entrusted to the hands of Anne

Boleyn's father, the Earl of Wiltshire. Gardiner remained secretary

for the time, but Du Bellay thought his power would have increased had

he abandoned his clerical vows,[753] and he, too, was soon superseded

by Cromwell. Even the clerkship of Parliament was now given up to a

layman. During the first half of Henry's reign clerical influence had

been supreme in Henry's councils; during the second it was almost

entirely excluded. Like his Parliament, he was now impugning the

jurisdiction of the clergy in the matter of heresy; they were doctors,

he said, of the soul, and had nothing to do with the body.[754] He was

even inclining to the very modern theory that marriage is a civil

contract, and that matrimonial suits should therefore be removed from

clerical cognisance.[755] As early as 1529 he ordered Wolsey to

release the Prior of Reading, who had been imprisoned for Lutheranism,

"unless the matter is very heinous".[756] In 1530 he was praising

Latimer's sermons;[757] and in the same year the Bishop of Norwich

complained of a general report in his diocese that Henry favoured

heretical books.[758] "They say that, wherever they go, they hear that

the King's pleasure is that the New Testament in English shall (p. 274)

go forth." There seems little reason to doubt Hall's statement that

Henry now commanded the bishops, who, however, did nothing, to prepare

an English translation of the Bible to counteract the errors of

Tyndale's version.[759] He wrote to the German princes extolling their

efforts towards the reformation of the Church;[760] and many advisers

were urging him to begin a similar movement in England. Anne Boleyn

and her father were, said Chapuys, more Lutheran than Luther himself;

they were the true apostles of the new sect in England.[761]

[Footnote 752: Thomas Beaufort, afterwards Duke of

Exeter, who was Chancellor in 1410-12, and Richard,

Earl of Salisbury, who was Chancellor in 1454-5,

are exceptions.]

[Footnote 753: _L. and P._, iv., 6019.]

[Footnote 754: _Ibid._, v., 1013.]

[Footnote 755: _Ibid._, v., 805; vii., 232. Chapuys

had told him that "all the Parliament could not

make the Princess Mary a bastard, for the

cognisance of cases concerning legitimacy belonged

to ecclesiastical judges"; to which Henry replied

that "he did not care for all the canons which

might be alleged, as he preferred his laws

according to which he should have illegitimacy

judged by lay judges who could also take cognisance

of matrimonial causes".]

[Footnote 756: _L. and P._, iv., 5925.]

[Footnote 757: _Ibid._, iv., 6325.]

[Footnote 758: _Ibid._, iv., 6385.]

[Footnote 759: The net result at the time was a

royal proclamation promising an authorised version

of the Scriptures in English "if the people would

come to a better mind" (_L. and P._, iv., 6487).]

[Footnote 760: _L. and P._, v., App. 7.]

[Footnote 761: _Ibid._, v., 148, 850.]

But, however Lutheran Anne Boleyn may have been, Henry was still true

to the orthodox faith. If he dallied with German princes, and held out

hopes to his heretic subjects, it was not because he believed in the

doctrines of either, but because both might be made to serve his own

ends. He rescued Crome from the flames, not because he doubted or

favoured Crome's heresy, but because Crome appealed from the Church to

the King, and denied the papal supremacy; that, said Henry, is not

heresy, but truth.[762] When he sent to Oxford for the articles on

which Wycliffe had been condemned,[763] it was not to study the great

Reformer's doctrine of the mass, but to discover Wycliffe's reasons

for calling upon the State to purify a corrupt Church, and to digest

his arguments against the temporal wealth of the clergy. When he

lauded the reforms effected by the German princes he was thinking of

their secularisation of ecclesiastical revenues. The spoliation (p. 275)

of the Church was consistent with the most fervent devotion to its

tenets. In 1531 Henry warned the Pope that the Emperor would probably

allow the laity "to appropriate the possessions of the Church, which

is a matter which does not touch the foundations of the faith; and

what an example this will afford to others, it is easy to see".[764]

Henry managed to improve upon Charles's example in this respect. "He

meant," he told Chapuys in 1533, "to repair the errors of Henry II.

and John, who, being in difficulties, had made England and Ireland

tributary to the Pope; he was determined also to reunite to the Crown

the goods which churchmen held of it, which his predecessors could not

alienate to his prejudice; and he was bound to do this by the oath he

had taken at his coronation."[765] Probably it was about this time, or

a little later, that he drew up his suggestions for altering the

coronation oath, and making the royal obligations binding only so far

as the royal conscience thought fit. The German princes had a further

claim to his consideration beyond the example they set him in dealing

with the temporalties of the Church. They might be very useful if his

difference with Charles over Catherine of Aragon came to an open

breach; and the English envoys, who congratulated them on their zeal

for reform, also endeavoured to persuade them that Henry's friendship

might be no little safeguard against a despotic Emperor.

[Footnote 762: _Ibid._, v., 129, 148.]

[Footnote 763: _Ibid._, iv., 6546.]

[Footnote 764: _L. and P._, v., 326.]

[Footnote 765: _Ibid._, vi., 235.]

All these phenomena, the Reformation in Germany, heresy at home, and

the anti-sacerdotal prejudices of his subjects, were regarded by Henry

merely as circumstances which might be made subservient to his own

particular purpose; and the skill with which he used them is a (p. 276)

monument of farsighted statecraft.[766] He did not act on the impulse

of rash caprice. His passions were strong, but his self-control was

stronger; and the breach with Rome was effected with a cold and

calculated cunning, which the most adept disciple of Machiavelli could

not have excelled. He did not create the factors he used; hostility to

the Church had a real objective existence. Henry was a great man; but

the burdens his people felt were not the product of Henry's hypnotic

suggestion. He could only divert those grievances to his own use. He

had no personal dislike to probate dues or annates; he did not pay

them, but the threat of their abolition might compel the Pope to grant

his divorce. Heresy in itself was abominable, but if heretics would

maintain the royal against the papal supremacy, might not their sins

be forgiven? The strength of Henry's position lay in the fact that he

stood between two evenly balanced parties. It is obvious that by

favouring the anti-clericals he could destroy the power of the Church.

It is not so certain, but it is probable that, by supporting the

Church, he could have staved off its ruin so long as he lived.

Parliament might have been urgent, but there was no necessity to call

it together. The Reformation Parliament, which sat for seven years,

would probably have been dissolved after a few weeks had Clement

granted the divorce. It met session after session, to pass one measure

after another, each of which was designed to put fresh pressure on the

Pope. It began with the outworks of the papal fortress; as soon (p. 277)

as one was dismantled, Henry cried "Halt," to see if the citadel

would surrender. When it refused, the attack recommenced. First one,

then another of the Church's privileges and the Pope's prerogatives

disappeared, till there remained not one stone upon another of the

imposing edifice of ecclesiastical liberty and papal authority in

England.

[Footnote 766: _Cf._ A. Zimmermann, "Zur

kirchlichen Politik Heinrichs VIII., nach den

Trennung vom Rom," in _Roemische Quartalschrift_,

xiii., 263-283.]

Henry VIII. · 第 10 / 16 章