precontracts of marriage, the King's style, oath of supremacy, marriage of doctors of civil law: * and all clauses in any other statutes "against the supreme authority of the Pope's Holiness, or See Apostolic of Rome." In their Act they inserted their own supplication that was read before the Legate, and also a Petition of Convocation to the King and Queen, of like tenor: of which anon. They also included an important document, Pole's Letters of Dispensation: which in the form of an answer to their own requests, exhibited the indulgence of the Holy See towards all that had been instituted and done in the time of the alleged schism. In this scheme of forgiveness, on which much pains had been expended, the cathedral churches, the schools and hospitals that had been newly founded, though said to be null in themselves, were confirmed by the adjection of Apostolic strength: marriages within prohibited degrees, or of spiritual kinship, were pardoned, and offspring made legitimate: ecclesiastical orders and benefices, that had been obtained, though null, were allowed:† processes and sentences that had * Pluralities, 21 H. 8, 13: vol. i. 15 of this work: citations, 23 H. 8, 9: vol. i. 129: appeals, 24 H. 8, 12: vol. i. 146: annates, 23 H. 8, 20 : vol. i. 181 submission, 25 H. 8, 19: vol. i. 190: exactions, 16, 21: ib.: Supreme Head, 26 H. 8, 1: vol. i. 228: suffragans, 26 H. 8, 14: vol. i. 232: ecclesiastical laws, 27 H. 8, 15: vol. i. 339: Pope's authority, 28 H. 8, 10: vol. i. 393: release of dispensations, 28 H. 8, 16: vol. i. 394: prohibited degrees, 28 H. 8, 7: vol. i. 393: erecting bishoprics, 31 H. 8, 9: vol. ii. 132 of this work: precontracts of marriage, 32 H. 8, 38: the king's style, 35 H. 8, 3: oath of supremacy, 35 H. 8, 1, 7: vol. ii. 342: marriage of civilians, 37 H. 8, 17: vol. ii. 383. + Ac omnes ecclesiasticas, seculares, seu quorumvis ordinum regulares personas, quæ aliquas impetrationes, dispensationes, concessiones, gratias et indulta, tam Ordines quam beneficia ecclesiastica, seu alias spirituales materias pretensa auctoritate supremitatis Ecclesiæ Anglicanæ, licit nulliter et de facto obtinuerint, et ad cor reversæ Ecclesiæ unitati fuerint, in suis Ordinibus et beneficiis per nos ipsos seu a nobis ad id deputatos, misericorditer recipiemus, prout jam multæ receptæ fuerunt, secumque super his opportune in Domino dispensabimus." 1 and 2 P. and M. 8, been before any judges spiritual or temporal, were confirmed: all alienated ecclesiastical property, however gotten, was left undisturbed in the hands of detainers. But the division of bishoprics and erection of cathedral churches was said to be particularly reserved to the High Pontiff; and if lands were let alone, the detainers of ecclesiastical movables were reminded of Belshazzar's feast.* The effect of the whole Act was to restore the authority of the Pope to what it was before in the realm: and to restore the jurisdiction of the bishops. The other attempts of the session exhibited the zeal of the Commons in answering to the wishes of the Queen, if they affected others. They originated a bill for voiding all leases made by married priests; and another to prevent those who had been formerly married priests, and seditious preachers, from turning schoolmasters. Before they separated, the Parliament reversed * "Et licet omnes res mobiles ecclesiarum indistincte eis qui tenent relaxaverimus, eos tamen admonitos volumus, ut ante oculos habentes divini judicii severitatem contra Balthasarem regem Babylonis, qui vasa sacra, non a se sed a patre e templo ablata, in profanos usus convertit, ea propriis ecclesiis, si extant, vel aliis restituant." Ib. Pole afterwards said that he was much urged to add a clause that would have eased the conscience of detainers, and that he would not. "The Parliament having presented a petition to the King and Queen that, among other things, they should intercede for the retention of Church property, and the bishops in like manner petitioning apart to the same effect, for the sake of the common weal; although contrary to their own private interest, the Legate having first of all endeavoured by several ways to recover as much as he could for the churches, at length, being unable to do otherwise, in order not to impede the completion of so great a work, condescended in such a way to the retention that all might perceive that his dispensation was merely a permission ob duritiam cordis illorum, as he would never consent to add the clause, quod absque aliquo conscientiæ scrupulo possent hujusmodi bona retinere, although he was several times urged strongly to insert it and this he did to leave in their minds a goad, which in time might move them to make some fitting acknowledgment, as some have done already." Brief Summary of what took place concerning Ch. Prop. Cal. of St. Pap. Venetian, p. 9. + Commons' Journ. As to the former of these, Burnet says that it was much debated, and recast in the Commons, and sent to the Lords, the attainder long ago standing against Richard Pate, who had now returned with Pole: Richard Pate, who, being abroad in Henry's diplomatic service, had been provided by the Pope to the see of Worcester after Latimer's resignation; and who, being attainted for this, had remained abroad; but was now to enter on the see of Worcester, never enjoyed till now: Richard Pate, a consistent man, averse to inflicting bodily pains on those opposed to him.* Thomas Goldwell, another of Pole's train, was also relieved of the danger of the law, and presently made bishop of St. Asaph. Another of them, William Peto, who shared the same benefit, was an ancient friar of the order of Observants, formerly of Greenwich, a famous preacher in Henry's days; destined to rise to an amazing height, but more noted for zeal and honesty than for learning or such other qualities as fit men for high places. The concomitant Convocation of this Parliament, which was begun on November the thirteenth, was opened by Bonner, in pursuance of a writ directed to the Dean and Chapter of Canterbury, the guardians of the spiritualities in the vacancy of the see. Proceeding from his house to his cathedral church, he sang the Mass of the Holy Ghost at the high altar: the Latin sermon was preached by Baynes, the elect of Coventry and Lichfield; nineteen bishops were present, but St. Asaph was void: Cole, the Archdeacon of Ely, was chosen Prolocutor; whom Weston and Harpsfield presented.† On : 19 Dec. who stopped it, finding that it "would shake a great part of the rights of the Church lands that were made by married priests and bishops." Pp. 11, Bk. II. * Strype, v. 257. Wood's Athen. Oxon. 694. "Sacra Synodus sive Concilium Provinciale Cantuar. Provin. indictum author. Philippi et Mariæ p. Breve directum Decano et Capitulo Eccles. Cant Custod. Spiritualitatum, &c. Qui custos Episc. Lond. de citandis suffraganeis, &c.; cujus mandati tenor sequitur ibidem. Quibus lectis introductum fuit certificatorium Epi Lond. et præsentes erant xix the sixth of December, apparently before the transaction of any actual business, the houses proceeded to Lambeth, knelt before the Cardinal Legate, and obtained from him, with his gratulations, pardon "for all their perjuries, schisms, and heresies."* On the next day, December 7, a debate or tractation was held concerning the state of the realm and Church of England: † of which it resulted that they petitioned the King and Queen to intercede with the Legate that the lands and goods of monasteries, that had been alienated during the schism, might not be restored, considering the difficulty of the business, and the danger of checking the union with the Catholic Church, now begun so happily: although they acknowledged that the duty of protecting the rights and privileges of the Church lay with them, and termed the holders of the goods detainers, not possessors. This request was not to their dishonour, for it was against their own interests. They asked on the other hand for the restoration of the long suspended ecclesiastical jurisdiction, and the repeal of all laws to the contrary. Their petition was taken to Pole by Gardiner, Cole, and six others of the lower house; and had the distinction of being inserted in the great Act of Parliament, which it Episcopi, sede Asaphonsi vacante, &c. Epus Lond. deputatus commissione, sive præsidens rite et legitime constitutus, &c., a palatio suo pervenit ad chorum Ecclesiæ, ubi celebrata est Missa Spiritus Sancti per eundem, et concio facta p. Joh. Bayne, elect. Lichf. et Cov.," &c. St. Paul's MS, or Paper Book, No. 204, 5. p. 162. This adds some particulars to Wilkins, iv. 94; whom see. * Heylin (p. 213) is the authority for this expression, which may come from the perished Acts of Convocation. The "perjuries" of the clergy would be their oaths taken in the time of Henry and Edward. "In quinta sessione, Decemb. 7 post habitum tractatum de statu regni et ecclesiæ Anglicanæ conscribebatur protestatio quædam regi et reginæ offerenda, cum gravi supplicatione ut jurisdictiones suas sibi restituantur: et eo concordatum fuit ut Epus Winton. Cancellarius regni, prolocutor, et sex alii prælati inferioris domus dominis Regi et Reginæ, vice totius synodi, eam exhiberent. Wilkins, iv. 94. so strikingly corroborated, along with the supplication of the Lords and Commons.* After this, at some subsequent session, the clergy of the lower house sent a long Petition or Address to the bishops, with the general purpose of taking off the prejudice done in conceding the possession of the alienated lands to the laity. “Let not this submission or grant," said they, "be to the hurt or prejudice of any ecclesiastical person with regard to any right or title. In the statute of Edward for suppressing colleges and chantries it was promised that schools and hospitals should be erected in various places. May there not be a due performance of this, that so the Church of England may have some recovery of her late notable losses and damages? Would it please the realm to repeal all the statutes of mortmain? May not all tithes and oblations lately alienated be restored? May it be granted that all appropriations in lay hands be dissolved for the lands of prebends in cathedral churches have been taken away to private use, and instead of them benefices have been appropriated to the cathedral churches, to the decay of the cathedral churches and of the benefices. Should not the lands of monasteries, which at the time of the dissolution were free of tithe, be allotted to certain parishes, and be chargeable there, like other Philip and Mary, 8, § 10. The original is in Strype, vi. 250 (Originals, No. xxi), and by some oversight is not in Wilkins. Heylin has a translation of it, and Collier another (ii. 375). Pole, in his Dispensation, which is in the same Act of Parliament, refers to it thus. "Cunque Episcopi quoque deinde ac reliquus Prov. Cant. Clerus, totum fere corpus Ecclesiasticum regni repræsentans, ad quos hoc bonorum ecclesiasticorum causa maxime pertinet, exposuerint quod hæc bona ad jus Ecclesiarum revocari non possunt, quia pax universalis et quies hujus regni turbetur, et causa fidei atque unitatis Ecclesiæ, jam toto omnium consensu hoc in regno introducta, in maximum periculum adducatur: et propterea ipsi supplicaverint ut apud nos intercedere velint, ut in his bonis ecclesiasticis possessoribus relaxandis, restricti et difficiles esse nollemus;" &c. I P. & M. 8, § 11. + They specify 7 Edward I, De Religiosis, and 15 Richard II. |