VIII. causing him to bear a billet, and procured his wages (which were six Henry pence a day) to be taken from him. Then went Button to the king's majesty, declaring all the whole matter to his grace, who sent A.D. him to Calais again, and gave him after that eight pence a day. A NOTABLE EXAMPLE, WHEREIN MAY APPEAR AS WELL THE 1544. malice of Dr. Lon Forasmuch as mention was made a little before of Dr. London, we Cruel will somewhat more add of him, because the matter seemeth neither impertinent nor unfruitful, to the intent it may more evidently don. appear, what truth and trust is to be looked for of this cruel kind of papists. This Dr. London was warden of New college in Oxford, where it happened that certain plate was stolen, and conveyed and brought up to London, and sold to a goldsmith, named William Callaway. This Callaway was a man of good and honest name and reputation among his neighbours, but especially earnest and zealous Callaway, towards the gospel, and a great maintainer thereof. He had, often- goldtimes before, bought much plate of the same man without any peril London. or danger wherefore, he doubted the less of his fidelity.' William smith of At last the principal of the theft being taken,2 and the goldsmith also, that was the buyer, being known, Dr. London, when he understood him to be a favourer of the gospel (whereof he himself was an extreme adversary), began straightways to be in a rage, and to swear great and deep oaths, that he would spare neither labour nor cost, but would bring the goldsmith to the gallows, although it should cost him five hundred pounds. To be short, this good goldsmith was arraigned as accessary, and an action of felony brought against him. He, con-、 trariwise alleged, that they ought not to proceed against him, the principal being alive. Dr. London, on the contrary part, affirmed that the principal was hanged; which was most false, for he was one of the same college, and was alive, and but lately set at liberty. To be brief, he being found guilty, the judge asked him what he could allege why he should not die? He required to have the privilege of Callaway his book according to the ancient custom and manner. But here the privi it was objected against him that he was "bigamus," 3 and therefore he lege of his might not have his book by the law: notwithstanding that, he never had two wives; but, because his wife had two husbands, it was imputed to him for bigamy. claimeth book. lar exam faithful husband. Thus this good goldsmith, being secluded from all hope of life by A singuthe crafty spite of his malignant adversaries, his wife, being a woman ple of a of proved honesty and good fame, came in before the judges; and, wife toperceiving her former marriage to be hurtful unto her husband, to wards her save her husband's life, she took an oath before the judges that she was not "bigama," and that she was never married to more men than to the said goldsmith: and, although she had children by her other husband, and continued divers years with him, yet she sware that she was never married unto him. Thus this woman, by defaming of her (1) Hall's Chronicle, Lond 1809, pp. 85-89.-Ed. VIII. Henry self, to her great praise and singular example of love, delivered her innocent husband; thinking it better for her to live with ignominy A. D. and reproach, than for her husband to die; less esteeming the loss of 1544. her good name, than of his life.' True love between wife. As touching the quality of this fact or perjury, I intermeddle not man and here to discuss, but leave it at large to the judgment of lawyers to define upon. Truth it is, that perjury neither in man nor woman is to be commended, neither ought it to be defended. But yet, the true heart and faithful love between this man and his wife, counterpoising again as much or more on the other side, the more rare and strange I see it in many couples now-a-days, the more I think it worthy, not only to be praised, but also, for example's sake, to be notified. But, in the mean time, what shall we say to these priests and adversaries, who, in such sort violently do press and force the poor sheep of Christ, with peril of their conscience, unto such perjury; and that, in such causes, where no such truth is sought, but innocency oppressed, true religion persecuted, and only their spite and wrath against God's word wreaked. QUALIFICATIONS OF THE ACT OF THE SIX ARTICLES. During the time of these six articles aforesaid, which brought many good men unto death, yet so it happened by another contrary act, set forth before for the king's supremacy (as ye have heard), that the contrary sect also of the papists was not all in quiet. For, besides the death of More, and the bishop of Rochester, and the other Charterhouse monks, friars, and priests above specified, about this year, also, were condemned and executed by the same law two others, of Lark, of whom one was a priest of Chelsea, named Lark, who was put to death and Ger- at London for defending the bishop of Rome's supremacy above the main Gar- king's authority: the other was Germain Gardiner (near kinsman to traitors. Stephen Gardiner, and yet more near to his secret counsel, as it is supposed), who, likewise, in practising for the pope against the king's jurisdiction, was taken with the manner, and so brought unto the gibbet. Chelsea, diner, Suspicion against Gardiner. Upon the detection of this Germain Gardiner, being secretary to Stephen Gardiner bishop of Winchester, his kinsman, it seemed to some, and so was also insinuated unto the king not to be unlike, but that the said Germain neither would, nor durst, ever attempt any such matter of popery, without some setting on or consent of the bishop, he being so near unto him, and to all his secrets, as he was. Whereby the king began somewhat more to smell and misdoubt the doings of the bishop; but yet the bishop so covertly and clearly conveyed his matters, playing under the board, after his wonted fetches, in such sort that (I cannot tell how) he still kept in with the king, to the great inquietation of the public state of the realm, and especially of Christ's church. In declaring the dreadful law, before set forth, of the Six Articles, which was A.D. 1540,2 ye heard what penalty was appointed for the breach of the same, in like case as in treason and felony; so that no remedy of any recantation would serve. This severity was a little (1) Ex Ed. Hallo. (2) A.D. 1539. See page 502, note 4.-ED. VIII. gour of articles a little tem mitigated by another parliament, holden afterwards, A.D. 1544, by Henry which parliament it was decreed,' that such offenders as were convicted in the said articles for the first time, should be admitted to A.D. recant and renounce their opinions. And if the party refused to 1544. recant in such form as should be laid unto him by his ordinary, or, The riafter his recantation, if he eftsoons offended again, then, for the second the six time, he should be admitted to abjure and bear a faggot; which i he deny to do, or else, being abjured, if he the third time pered. offended, then he to sustain punishment according to the law, &c. Although the straightness and rigour of the former act was thus somewhat tempered, as ye see, and reformed by this present parliament, yet, notwithstanding, the venom and poison of the errors and mischief of those articles remained still behind; not removed, but rather confirmed by this parliament aforesaid. By the same parliament, moreover, many things were provided for the advancement of popery, under the colour of religion; so that all manner of books of the Old and New Testament, bearing the name of William Tyndale, or any others, having prologues, or containing any matters, annotations, preambles, words, or sentences, contrary to the six articles, were debarred. In like manner all songs, plays, and interludes, with all other books in English, containing matter of religion tending any way against the said articles, were abolished. In the same parliament, furthermore, it was provided, that the text of the New Testament, or of the Bible, being prohibited to all women, artificers, prentices, journeymen, servingmen, yeomen, husbandmen, and labourers; yet was permitted, notwithstanding, to noblemen, and gentlemen, and gentlewomen, to read and peruse, to their edifying, so that they did it quietly, without arguing, discussing, or expounding upon the Scripture. Over and besides, whereas before, the offender or defendant might not be suffered to bring in any witnesses to purge and try himself, in this parliament it was permitted to the party detected or complained of, to try his cause by witnesses, as many, or more in number, as the others who deposed against him, &c. qualifica. the Six After this parliament, moreover, followed another parliament, Other A.D. 1545, wherein other qualifications, more special, of the six arti- tions of cles were provided: that whereas before, the cruel statute of the six the act of articles was so straight, that if any of the king's subjects had been Articles. complained of by any manner of person, as well being his enemy as otherwise, he should be indicted presently upon the same, without any further examination or knowledge given to the party so accused; and so thereupon to be attached, committed, and in fine to be condemned it was, therefore, by this parliament provided, that all such presentments and indictments should not be brought before the commissioners, otherwise than by the oaths of twelve men, or more, of honesty and credit, without corruption or malice accordingly. Item, That no such indictments or presentments should be taken, but within one year of the offences committed; or else the said indictments to stand void in the law. (1) Stat. an. 3 reg. Hen. VIII. [This act (34, 35 Henry VIII. cap. i.) is printed at length in Gibson's Codex Juris Ecclesiastici (Oxf. 1761), pp. 346-349. The session terminated on the 12th of May, 1543.-ED.] Henry Item, That no person accused upon any such offence against the six articles, VIII should be attached, or committed to ward, before he were thereof indicted, unless by special warrant from the king. A. D. 1545. for exa mination non law. Item, By the authority of the said parliament, it was considered and enacted, that if any preacher or reader, for any word spoken, supposed to be against the six articles, should be accused, but not within the space of forty days of the said his reading or preaching, then the party accused to be acquitted. Item, That the justices or inquirers of such presentments should have full power to alter and reform all panels of inquiry returned before them, in like manner as the justices of peace may do in their sessions, upon any other inquiries. Item, That the party so accused or indicted, upon his trial, may have all manner of challenges (peremptory only excepted), as other persons arraigned for felony may have, by the laws of this realm.1 By these qualifications and moderations of the six articles, it may appear that the king began somewhat to grow out of favour with Stephen Gardiner, and to discredit his doings, whereby he was the more forward to incline somewhat in furthering the desolate cause of religion, as may appear both by these premises, and also by other A statute provisions and determinations of the aforesaid parliament, A.D. 1545, wherein it was decreed by act of parliament, that the king should have of the ca- full power and authority to appoint thirty-two persons; to wit, sixteen of the clergy, and sixteen of the temporalty, to peruse, oversee, and examine the canons, constitutions and ordinances of the canon law, as well provincial as synodal; and so, according to their discretions, to set and establish an order of ecclesiastical laws, such as should be thought by the king and them convenient to be received and used within this realm: which statute, as it is most needful for the government of the church of England, so, would God it had been brought to perfection! In this year, touching matters of history, we read no great thing worthy of memory, but only of two persons, John Athy and John Heywood. Of which two, we find first John Athy to be indicted by the king's writ for certain words against the sacrament, which words in the indictment are specified to be these: "That he would not believe in the thing which the knave priest made, neither in that which Long's wife selleth; but only in God that is in heaven. And, when it was told him that God, through his word, could make it flesh and blood, he answered, 'So he might, if he would, turn it into a chicken's leg: meaning the sacrament of the altar." The same year also followed the recantation of John Heywood; who although he was attached for treason, for denying the king's supremacy, yet, using the clemency of the king, upon his better reformation and amendment, he made an open and solemn recantation in the face of all the people, abandoning and renouncing the pope's usurped supremacy, and confessing the king to be chief supreme head and governor of this church of England, all foreign authority and jurisdiction being excluded. The tenor and effect of whose recantation here followeth. The Recantation of John Heywood. I am come hither at this time, good people! willing, and of mine own suit, desirous to show and declare unto you briefly, first of all, the great and inestimable (1) Stat. an. 1545. Hen. VIII. [The statute here referred to is the 35th of Henry VIII. cap. v. See Gibson's Codex, pp. 349, 350. The session closed on the 29th of March, 1544.-ED.] (2) John Athy recanted. VIII. A. D. 1545. clemency and mercifulness of our most sovereign and redoubted prince the Henry king's majesty, which his highness hath most graciously used towards me a wretch, most justly and worthily condemned to die for my manifold and outrageous offences, heinously and traitorously committed against his majesty and his laws. For, whereas his majesty's supremacy hath so often been opened unto me, both by writing and speaking (if I had grace either to open mine eyes to see it, or mine ears to hear it), to be surely and certainly grounded and established upon the very true word of God, yet, for lack of grace, I have most wilfully and obstinately suffered myself to fall to such blindness, that I have not only thought that the bishop of Rome hath been, and ought to be, taken the chief and supreme head of the universal church of Christ here in earth; but also, like no true subject, concealed and favoured such as I have known or thought to be of that opinion. For the which most detestable treasons and untruths, I here most humbly, and with all my heart, first of all ask of the king's majesty forgiveness, and secondarily of the world; beseeching all these that either now do, or hereafter shall, hear of these my great transgressions, to take this mine example for an instruction for them to call for grace, that they thereby be stayed from falling at any time into such miserable blindness and folly. Moreover, here, afore God and you (good christian people), I do utterly, and with all my heart, recant and revoke all mine aforesaid erroneous and traitorous opinions. And (as my conscience now doth force) I protest that even with my heart I firmly think, and undoubtedly believe, that the bishop of Rome neither now hath, nor at any time hath had, or can have, by any law of God or man, any more authority, without the precinct of his own country about him, than any other bishop hath within his own diocese. Whereby I assuredly take the abolishing of the pretensed and usurped power or authority of the bishop of Rome out of this realm, to be done justly and truly by the law of God. And also I take our sovereign lord the king's highness to be supreme head, immediately next under Christ, of the church of England and Ireland, and all other his grace's dominions, both of the spiritualty and temporalty. And I confess not only that his majesty is so by the law of God; but also his progenitors, kings of this realm so have been; and his highness's heirs and successors, kings of this realm, so shall be. Thus have I showed you my mind as well as I can, but neither so well as I would, nor so fully as I should, namely concerning the multitude of mercy which my most gracious prince hath showed toward me, not only for saving my body after worthy condemnation to death, as is aforesaid, but, also, for saving my soul from perishing, if my body had perished before the receiving of such wholesome counsel as I had at his highness's most charitable assignment. And of this confession declared unto you (I say as far forth as I can), I heartily pray you all to bear me record, and most entirely to pray Almighty God for the long and most prosperous estate of our sovereign lord, the king's majesty, in all his affairs and proceedings. By me, John Heywood. Memorandum, quod supra scripta Assertio sive Recantatio fuit facta, et publice emissa per prænominatum Johannem Heywood, die Dominica, Sexto viz. die Julii, anno millesimo quingentesimo quadragesimo quarto, apud Crucem Paulinam, tempore concionis ibidem. In the year aforesaid, 1545, as there was no other thing done in England worthy to be noted, so now the order of story here requireth, by the course of years, next to infer the discourse of the troubles and persecutions which happened in Scotland against Master George Wisehart and divers other good men of the same country, about the same year of our Lord 1545, and somewhat before.1 But, because now we are come to the latter end almost of king Henry's reign, we will make an end (the Lord willing) with a few (1) Wisehart was burnt in the year 1546. See Knox's Hist. of the Reformation, (fol. Edinburgh, 1732), p. 50.-ED. |