CHAP. His rise. Opposes tion. His con Protector ate of Somerset. He was entered a student at Christ College, Cambridge; and after taking his degree with distinguished credit, he was elected a fellow of Clare Hall. During one of Wolsey's visits to this University, Heath was presented to him as a great proficient in classical and theological learning. The Cardinal, who was always ready to patronise merit, took a fancy to him, made him one of his own chaplains, and afterwards chaplain to the King. Heath afterwards succeeded to be almoner to Henry; and although he never actively enlisted himself in any of the factions which divided the Court, he was successively promoted by that Sovereign to the sees of Rochester and Worcester. Like every other Bishop in England, he was compelled to acknowledge the King's ecclesiastical superiority; but he was supposed to have a secret understanding with Rome, and he steadily concurred with Lord Chancellor Wriothesley, the Duke of Norfolk, and Bishop Gardyner, in resisting any further innovation. new During the Protectorate of the Duke of Somerset he duct during voted in the House of Lords against all the bills for bringing about a change of religion; but, conducting his opposition with moderation, occasion could not be found for taking any violent proceedings against him till the act was passed for a "ordinal," or form of ordination of the clergy, which was to be framed by twelve commissioners, to be appointed by the Crown. Although he had expressed his dissent to the measure, he was insidiously named one of the Commissioners, along with eleven stanch reformers. They proposed a form, which they contended preserved whatever according to Scripture was necessary for the ordination of Bishops, Priests, and Deacons. He insisted that it made no material distinction between these orders; that it had care his education. Stowe, after celebrating the scholastic disputations he had witnessed in the churchyard of St. Bartholomew, "where upon a bank boarded about under a tree some one scholar hath stepped up, and there hath apposed and answered till he were by some better scholar overcome and put down,—and then the overcomer taking the place did the like as the first,” says, “I remember there repaired to these exercises amongst others the masters and scholars of the free schools of St. Paul's in London, of St. Peter's at Westminster, of St. Thomas Acon's hospital, and of St. Anthony's hospital, whereof the last named commonly presented the best scholars, and had the prize in those days."Stowe's London, p. 75. XLII. fully omitted what was requisite to impart the sacerdotal CHAP. character; and that, if it were adopted, there would be a breach in the apostolical succession in the Church. The Council nevertheless peremptorily required him to subscribe it; and, on his refusal, committed him to prison for a con- A. D. 1550. tempt.* Committed to prison. Not satisfied with this, they soon after resolved to deprive him of his bishopric if he would not conform; and they cunningly examined him with respect to the proper construction of altars, and the mode of placing them in churches, — a subject on which he was known to be particularly sensitive. But he was resolute, telling them that "of other mind he thought never to be, and that consent he would not, if he were demanded to take down altars and set up tables." Being threatened with deprivation if he did not submit within two days, he replied, "that he could not find in his conscience to do it, and should be well content to abide such end, either by deprivance or otherwise, as pleased the King's Majesty." He Deprived was sent back to prison; a commission of delegates pronounced bishopric. sentence of deprivation against him, and he was kept in close custody till the commencement of the next reign. of his 1553. On acces Mary, and made Archbishop of York. Upon the accession of Mary he was liberated and restored July 6. to his benefice, along with the other deprived Roman Catholic Bishops; and as he was justly considered, by reason of sion of his constancy and his private virtues, a great ornament to the liberated ancient faith, he was soon after promoted to the archbishopric of York. It was supposed that he secretly coincided in opinion with Cardinal Pole in disapproving the violent measures of persecution to which Gardyner now resorted; but he had not the boldness openly to oppose them. A just estimate had been formed of his character when he was selected Succeeds Gardyner as Gardyner's successor; for however much he might wish that reason and persuasion alone might be relied upon for cellor. making converts to the true Church,- after his appointment the fires of Smithfield continued to blaze as before.† Burnet, ii. 143. We have a statistical table, on the authority of Lord Burghley, of burnings by Mary and her cabinet, rather favourable to the memory of Gardyner :· as Chan СНАР. His incom petency as a Judge. Dec. 9. 1555. Jan. 20. 1558. A parlia ment. Question of parliamentary privilege decided by the Chancellor. He took his seat in the Court of Chancery on the first day of Hilary term, 1556; and was found as a Judge to display patience and good sense, and to act with impartiality and integrity; but, never having had any training whatever in jurisprudence, he got through his judicial business in a most unsatisfactory manner; and the clamour of the bar, and the suitors, and the public, which was thus raised, prevented the appointment of any other ecclesiastic to hold the Great Seal till Bishop Williams, the very last of his order who ever sat in the marble chair, was appointed Lord Keeper by James I. The parliament which was sitting at the death of Gardyner was dissolved, in presence of the Queen, by Exchancellor the Marquis of Winchester, then Lord Treasurer; and another parliament was not called till the beginning of the year 1558. This was opened by a speech from Lord Chancellor Heath*; but we have no account of his topics, except that he pressed for an aid to her Majesty. We may conjecture that he touched upon the loss of Calais, which had caused such universal consternation, and that he held out a hope, if sufficiently liberal supplies were voted, of wiping off this national disgrace. He had immediately after to decide a question of parliamentary privilege. Thomas Eyms, burgess for Thirsk, complained to the House of Commons that, while in attendance as a member, a subpoena had been delivered to him to appear in Chancery, and that if engaged in a Chancery suit he could not discharge his duty as a representative of the people. The House, in great indignation, immediately ordered Sir Clement Higham and the Recorder of London to go to the However, it was Chancellor Gardyner who set the wheel of persecution in motion, and it continued to revolve when his hand had been withdrawn from it. * 1 Parl. Hist. 629. XLII. Lord Chancellor, and require that the process should be CHAP. revoked. All Chancellors hitherto have acknowledged parliamentary privilege as declared by either House, however much they may have vapoured as to what, under other circumstances, they would have done, and the writ was quashed. † Acts, proposed by the Lord Chancellor, having been passed -to take away clergy from accessories in petty treason and murder, to allow a tales de circumstantibus in the case of the Queen, and to punish such as should forcibly carry off maidens under sixteent, he, by the Queen's command, prorogued the parliament to the 5th of November. of Mary. the Chan When this day arrived Mary was approaching her end, Last illness -in a state of the greatest mental dejection from the irremediable loss of Calais, the neglect of her husband, the discontent of her subjects, the progress of the reformed religion in spite of all her cruelties, her despair of children, and the prospect of a Protestant succession. Being unable to attend Parliament in person, a commission passed the Great Seal, authorising opened by the Chancellor and others to hold the parliament in her cellor. name; and he delivered a speech pointing out the necessity for some measure to restrain the evils of licentious printing, whereby sedition was now spread abroad, and showing that, from the destitute state of the exchequer, the Queen's forces could not be kept on foot, and the safety of the realm was endangered. He accordingly introduced a bill, enacting that "no man shall print any book or ballad unless he be authorised thereunto by the King and Queen's Majesties' licence under the Great Seal of England." The art of printing had not been known in this country much more than half a century, and was already found a most formidable instrument in guiding public opinion, and in assailing or supporting the Government. During the recess a proclamation had been June 6. issued, stating that books filled with heresy, sedition, and treason, were daily brought from beyond seas, and were covertly reprinted within the realm, and ordering that "who 1 Parl. Hist. 630. Hats. Præc. 1 Parl. Hist. 630. 1558. CHAP. soever should be found to have any of the said wicked and seditious books should be reputed a rebel, and executed Proclama- according to martial law." * But this was such a stretch of tion against authority as, even in those days, caused great complaint, and seditious books. The Lord Chancellor's visit to the House of Commons to press for a subsidy. probably the Judges, dependent as they were, would have resisted it. The Chancellor's bill, having passed through its previous stages, was appointed to be read the third time on the 16th of November,—but when that day arrived the Queen was at the point of death, and all public business was suspended. Meanwhile some very curious proceedings were going on in the Lower House respecting the supply. The Commons, finding that the Queen had impoverished the exchequer by restoring property to the Church, and by new religious endowments, would not open their purse-strings. On the 7th of November Mary, ill as she was, sent for the Speaker, and ordered him "to show to the Commons the ill condition the nation was in; for, though a negotiation was going on for a peace with France, prudence required that the nation should be put into a state of defence, in case it should miscarry." Still the Commons were so dissatisfied, that, after a week's deliberation, they could come to no resolution. As a last effort, on the 14th of November, Lord Chancellor Heath, accompanied by the Duke of Norfolk, the Lord Treasurer, and several other Peers and Bishops, went down to the Commons, walked into the House, and "seated themselves in that place where the Privy Councillors used to sit," - which we now call "the Treasury Bench." The Speaker left his chair, and he, with the Privy Councillors in the House, came and sat on low benches before them. The Lord Chancellor then made them a speech, proving the necessity for granting a subsidy to defend the nation, both from the French and the Scots. Having concluded, he with the other Lords immediately withdrew to their own chamber.† This proceeding does not seem to have been considered any breach of privilege, but it had not the desired effect. Strype, iii. 459. 1 Parl. Hist. 631. |