benefices in the gift of the crown; with a visitatorial power over monasteries, colleges, and all his clergy, exempt or not exempt. By virtue of these vast powers a new court of justice was erected, called the Legate's Court, the jurisdiction whereof extended to all actions relating to conscience, and numberless rapines and extortions were committed by it under colour of reforming men's manners; all which his Majesty connived at out of zeal to the Church.

But at length the King being weary of his Queen Katharine, after he had lived with her almost twenty years, or being troubled in conscience because he had married his brother's wife, and the légitimacy of his daughter had been called in question by some foreign princes, he first separated from her bed, and then moved the Pope for a divorce; but the court of Rome having held his Majesty in suspence for two or three years for fear of offending the Emperor the Queen's nephew, the impatient King by the advice of Dr. Cranmer appealed to the principal universities of Europe, and desired their opinions upon these two questions.

1. "Whether it was agreeable to the law of God for a "man to marry his brother's wife?

2. "Whether the Pope could dispense with the law of "God?"

All the universities, and most of the learned men of Europe, both Lutherans and Papists, except those at Rome, declared for the negative of the two questions. The King laid their determinations before the Parliament and convocation, who agreed with the foreign universities. In the convocation of English clergy, 253 were for the divorce, and but 19 against it. Sundry learned books were written for and against the lawfulness of the marriage; one party being encouraged by the King, and the other by the Pope and Emperor. The Pope cited the King to Rome, but his Majesty ordered the Earl of Wiltshire to protest against the citation as contrary to the prerogative of his crown; and sent a letter signed by the cardinal, the archbishop of Canterbury, 4 bishops, 2 dukes, 2 marquisses, 13 earls, 2 viscounts, 23 barons, 22 abbots, and 11 commoners, exhorting his Holiness to confirm the judgment of the learned men, and of the universities of Europe, by annulling his VOL. I.

8

marriage, or else he should be obliged to take other meas ures. The Pope in his answer, after having acknowledg. ed his Majesty's favors, told him that the Queen's appeal and avocation of the cause to Rome must be granted. The King seeing himself abused, and that the affair of his mar riage which had been already determined by the most learn. ed men in Europe, and had been argued before the legates Campegio and Woolsey must commence again, began to suspect Woolsey's sincerity; upon which his Majesty sent for the seals from him, and soon after commanded his attor ney-general to put in an information against him in the King's Bench, because that notwithstanding the statute of Richard II. against procuring bulls from Rome under the pains of a præmunire, he had received bulls for his le gantine power, which for many years he had executed. The cardinal pleaded ignorance of the statute, and submitted to the King's mercy; upon which he was declared to be out of the King's protection, to have forfeited his goods and chattels, and that his person might be seized. The haughty cardinal, not knowing how to bear his disgrace, soon after fell sick and died, declaring that if he had served God as well as he had done his Prince, he would not have given him over in his grey hairs.

But the King, not satisfied with his resentments against the cardinal, resolved to be revenged on the Pope himself, and accordingly, Sept. 19th, a week before the cardinal's death, he published a proclamation forbidding all persons to purchase any thing from Rome under the severest penalties; and resolved to annex the ecclesiastical supremacy to his own crown for the future. It was easy to foresee that the clergy would startle at the King's assuming to himself the Pope's supremacy; but his Majesty had them at his mercy, for they having acknowledged cardinal Woolsey's legantine power, and submitted to his jurisdiction, his Majesty caused an indictment to be preferred against them in Westminster-Hall, and obtained judgment upon the statute of præmunire, whereby the whole body of the clergy were declared to be out of the king's protection, and to have forfeited all their goods and chattels.

In this condition they were glad to submit upon the best terms they could get, but the King would not pardon them

but upon these two conditions, (1.) That the two provinces of Canterbury and York should pay into the exchequer 118,8401. a vast sum of money in those times. (2.) That they should yield his Majesty the title of sole and supreme head of the Church of England, next and immediately under Christ. The former they readily complied with, and promised for the future never to assemble in convocation but by the king's writ; nor to make or execute any canons or constitutions without his Majesty's licence: But to acknowledge a layman to be supreme head of an ecclesiastical body, was such an absurdity, in their opinion, and so inconsistent with their allegiance to the Pope, that they could not yield to it without an additional clause, as far as is agreeable to the laws of Christ. The King accepted it with the clause for the present, but a year or two after obtained the confirmation of it in parliament and convocation without the clause.

The substance of the act of supremacy* is as follows, "Albeit the King's Majesty justly and rightfully is, and "ought to be, supreme head of the church of England, "and is so recognized by the clergy of this realm in their "convocations; yet nevertheless, for confirmation and cor"roboration thereof, and for increase of vertue in Christ's "religion, within this realm of England, &c. Be it enact"ed by the authority of this present parliament, that the "King, our sovereign lord, his heirs and successors, Kings "of this realm, shall be taken, accepted, and reputed "the only supreme head on earth of the Church of England; "and shall have and enjoy, annexed and united to the Im"perial crown of this realm, as well the title and stile "thereof, as all honors, dignities, immunities, profits and "commodities, to the said dignity of supreme head of the "said Church belonging and appertaining; and that our "sovereign lord, his heirs and successors Kings of this "realm, shall have full power and authority to visit, re"press, redress, reform, order, correct, restrain, and amend "all such errors, heresies, abuses, contempts, and enormi"ties, whatsoever they be, which by any manner of spiritual authority or jurisdiction, ought or may be lawfully

* 26 Henry VIII, cap. 1.

"reformed, repressed, ordered, redressed, corrected, re"strained, or amended, most to the pleasure of Almighty God, "and increase of vertue in Christ's religion, and for the con"servation of peace, unity and tranquillity of this realm, any "usage, custom, foreign law, foreign authority, prescription, "or any thing or things to the contrary notwithstanding." Here was the rise of the Reformation. The whole power of reforming heresies and errors in doctrine and worship was transferred from the Pope to the King, without any regard to the rights of synods or councils of the clergy; and without a reserve of liberty to such consciences as could not comply with the public standard. This was undoubtedly a change for the better, but is far from being consonant to scripture or reason.

66

The parliament had already forbid all appeals to the Court of Rome, in causes testamentary, matrimonial, and in all disputes concerning divorces, tithes, oblations, &c. under penalty of a præmunire;* and were now voting away annates and first-fruits; and providing, "That in "case the Pope denied his bulls for electing or consecrat❝ing bishops, it should be done without them by the archbishop of the province; that an archbishop might be "consecrated by any two bishops whom the King should appoint; and being so consecrated should enjoy all the "rights of his see, any law or custom to the contrary not"withstanding." All which acts passed both houses without any considerable opposition. Thus, while the Pope stood trifling about a contested marriage, the King and parliament took away all his profits, revenues, and authority, in the Church of England.

66

His Majesty having now waited six years for a determination of his marriage from the court of Rome, and being now himself head of the Church of England, commanded Dr. Cranmer, lately consecrated archbishop of Canterbury, to call a court of canonists and divines, and proceed to judgment. Accordingly his Grace summoned Queen Katharine to appear at Dunstable, near the place where she resided, in person or by proxy on the 20th of May, 1533, but her Majesty refused to appear, adhering to her appeal

*24 Hen. VIII. cap. 12.

to the court of Rome; upon which the archbishop, by advice to the court, declared her contumax, and on the 23d of the same month pronounced the King's marriage with her null and void, as being contrary to the laws of God. Soon after which his Majesty married Anne Bullen, and procured an act of parliament, for settling the crown upon the heirs of her body, which all his subjects were obliged to swear to.

There was a remarkable appearance of Divine Providence in this affair; for the French King had prevailed with the King of England, to refer his cause once more to the court of Rome, upon assurances given, that the Pope should decide it in his Majesty's favor within a limited time; the Pope consented, and fixed a time for the return of the King's answer, but the courier not arriving upon the very day, the Imperialists, who dreaded an alliance between the Pope and the King of England, persuaded his Holiness to give sentence against him, and accordingly March 23d, the marriage was declared good, and the King was required to take his wife again, otherwise the censures of the Church were to be denounced against him.* Two days after this the courier arrived from England with the King's submission under his hand in due form, but it was then too late, it being hardly decent for the infallible chair to revoke its decrees in so short a time. Such was the crisis of the Reformation!

The Pope having determined against the King, his Majesty determined to take away all his profits and authority over the Church of England at once; accordingly a bill was brought into the parliament then sitting, and passed without any protestation, by which it is enacted, "That all pay"ments made to the apostolic chamber, and all provisions, "bulls, or dispensations, should from thenceforth cease; and "that all dispensations or licences, for things not contrary to "the law of God, should be granted within the kingdom, "under the seals of the two archbishops in their several "provinces. The Pope was to have no further concern in "the nomination or confirmation of bishops, which were ap"pointed to be chosen by conge de elire from the crown, as "at present. Peter-pence, and all procurations from Rome, were abolished. Moreover, all religious houses, exempt

* Burnet's Hist. Ref. vol. 1. p. 135.