The clergy and universities subscribe pope. as every man might have opportunity to be at the ser- As the convocation this year had declared the pope to have no jurisdiction in this kingdom, so this would not against the serve the king till all the learned and spiritual men in England had subscribed to it with their hands. The archbishop's church of Canterbury began. For the prior and convent thereof, moved and influenced not a little by their diocesan, solemnly subscribed an instrument for abolishing the pope's supremacy, and for acknowledgment of the king supreme head of the Church of England, under this position: Cleopat. E. 6. p. 208.t 26 Quod Romanus episcopus non habet majorem aliquam jurisdictionem a Deo sibi collatam in hoc regno Angliæ, quam quivis externus episcopus. That is, That the bishop of Rome hath not some greater jurisdiction conferred upon him by God in this realm of England, than any other foreign bishop. This was consented to by the prior's own hand subscribed, and sixty-nine of the convent besides: the original whereof is in a volume of the Cotton library. In Page 458. another place of the same volume is extant the subscription of the bishops, deans, and several abbots"; and, after that, of the university of Oxford, and all the particular t [Cott. MSS. Cleop. E. vi. fol. 208. British Museum. Original.] u [Id. fol. 458.] colleges and, after that, the names of all the subscribing priors of England. and others succession The archbishop was one employed about the act of Cranmer succession, that was made the last sessions of parliament: administer which was to invest the succession to the crown upon the the oath of heirs of queen Ann; and that queen Katherine should to the be no more called queen, but princess dowager. In the preamble to the act, there were certain touches against the pope's supremacy', and against his power of dispens [Stat. 25. Hen. VIII. cap. 22. in the Statute Book; 34. in the Record; 26. in the Journal. The following is the substance of the preamble of the act." The distractions that had been in England about the succession to the crown, which had occasioned the effusion of much blood, with many other mischiefs, all which flowed from the want of a clear decision of the true title, from which the popes had usurped a power of investing such as pleased them in other princes' kingdoms, and princes had often maintained such donations for their other ends; therefore, to avoid the like inconveniences, the king's former marriage with the princess Katherine is judged contrary to the laws of God, and void, and of no effect; and the sentence passed by the archbishop of Canterbury, annulling it, is confirmed, and the lady Katherine is thenceforth to be reputed only princess dowager, and not queen, and the marriage with queen Ann is established and confirmed: and marriages within the degrees prohibited by Moses, (which are enumerated in the statute), are declared to be unlawful, according to the judgment of the convocations of this realm, and of the most famous universities, and learned men abroad, any dispensations to the contrary notwithstanding, which are also declared null, since contrary to the laws of God; and all that were married within these degrees are appointed to be divorced, and the children begotten in such marriages were declared illegitimate and all the issue that should be between the king and the present queen is declared lawful, and the crown was to descend on his issue male by her, or any other wife; or in default of issue male, to the issue female by the queen; and in default of any such, to the right heirs of the king's highness for ever; and any that after the first of May should maliciously divulge any thing to the slander of the king's marriage, or of the issue begotten in it, were to be adjudged for mis clergy. ing in the king's former marriage with his brother's wife, carnally known by him. To this act all persons were to swear, to accept and maintain the same, upon pain of treason. The archbishop of Canterbury, the lord chancellor Audley, secretary Crumwel, the abbot of Westminster", and others, were the king's commissioners appointed to tender this oath. The nobility and gentry prision of treason, and to suffer imprisonment at the king's will, and forfeit all their goods and chattels to him; and if the queen outlived the king, she is declared regent till the issue of her were of age, if a son, eighteen, and if a daughter, sixteen years of age; and all the king's subjects were to swear that they would maintain the contents of this act; and whoever, being required, did refuse it, was to be judged guilty of misprision of treason, and punished accordingly." The oath, it seems, was likewise agreed on in the house of lords; for the form of it is set down in the Journal as follows:-" Ye shall swear to bear faith, truth, and obedience alonely to the king's majesty, and to his heirs of his body, of his most dear and entirely beloved lawful wife queen Ann, begotten and to be begotten. And further, to the heirs of our said sovereign lord according to the limitation in the statute made for surety of his succession in the crown of this realm mentioned and contained, and not to any other within this realm, nor foreign authority or potentate. And in case any oath be made, or hath been made by you, to any person or persons, that then ye to repute the same as vain and annihilate. And that to your cunning, wit, and uttermost of your power, without guile, fraud, or other undue means, ye shall observe, keep, maintain, and defend the said act of succession, and all the whole effects and contents thereof, and all other acts and statutes made in confirmation, or for execution of the same, or of any thing therein contained. And this ye shall do against all manner of persons, of what estate, dignity, degree or condition soever they be; and in no wise to do or attempt, nor to your power suffer to be done or attempted, directly or indirectly, any thing or things, privily or apartly, to the let, hinderance, damage, or derogation thereof, or of any part of the same, by any manner of means, or for any manner of pretence. So help you God, and all saints, and the holy evangelists."-Burnet's Hist. of Reformat. vol. i. pp. 294–297. ed. Oxon. 1829.] w [William Benson or Boston.] took it, none denying, to which they set their hands in a long list. On the 13th of April, the commissioners sat at Lambeth to receive the oaths of the clergy, and chiefly those of London, that had not yet sworn; who all took it, not one excepted. And a certain doctor, vicar of Croydon, that it seems made some boggle before, went up with the rest of whom sir Thomas More, who then stood by, made an observation, how, as he passed, he went to my lord's buttery-hatch, and called for drink, and drank valde familiariter; whether, saith he sarcastically, it were for gladness, or dryness, or quod ille notus erat Pontifici. The oath also now was taken by Dr. Wylson, a great court-divine in those days, who, for queen Katherine's business, was a prisoner at this time, though a great while he was unsatisfied, and consulted much with sir Thomas More about the lawfulness of taking it. Thomas refused it. More's The same day were conveyed hither from the tower, And to sir bishop Fisher, and sir Thomas More, the only layman More, who at this meeting, to tender this oath to them: who both, being separately called, refused it. After the clergy were sworn and dispatched, immediately sir Thomas by himself Sir Thomas was sent for the second time. Now he had much talk letters. with the lords, who would fain have brought him to comply. They urged him to declare the causes why he would not swear: but he excused his so doing. Then they charged him with obstinacy: he said, it was not obstinacy, but because he might not declare his mind without peril of incurring the king's further displeasure. He told the commissioners, that for his part he condemned not the consciences of any; but that he was dissatisfied in his own conscience for certain reasons. The archbishop, taking hold of this, spake to him thus; Cranmer's "That it appeared well, that sir Thomas did not take argument with him. 27 it for a very sure thing and a certain, that he might not lawfully swear, but rather as a thing uncertain and doubtful. But you know, said my lord, for a certainty, and for a thing without doubt, that you be bound to obey your sovereign lord the king. And therefore are you bound to leave off the doubt of your unsure conscience, in refusing the oath, and take the sure way in obeying of your prince, who commands you to swear." This argument, as sir Thomas confessed in one of his letters to his daughter Roper, seemed so subtle, and with such authority, coming out of so noble a prelate's mouth, that he could answer again nothing thereto : but only that he thought with himself, that he might not so do, because that in his conscience this was one of the causes in which he was bounden, that he should not obey his prince; sith that whatsoever other folks thought in the matter, (whose conscience or learning, as he said, he would not condemn, or take upon him to judge), yet in his conscience the truth seemed on the other side, wherein he had informed his conscience neither suddenly nor slightly, but by long leisure and diligent search for the matter. More offers In fine, the farthest sir Thomas could be brought, and to swear to which he offered voluntarily that morning, was to swear sion itself. to the succession, (which was the main design of the act,) the succes though not to the preamble. At parting the lord chancellor bade the secretary, before More, take notice, that More denied not, but was content to swear the succession. More assented, and said, in that point he would be contented, so that he might see the oath so framed, as might stand with his conscience. * [See abp. Cranmer's Works, Park. Soc. ed. vol. ii. letter cv. p. 285.] |