Volume III Part 27 (1/2)

The extremes of opinion were thus visible on either side. Between them the government steered their arduous way, under such guidance as conscience and necessity could furnish. To pa.s.s a statute was one thing: to enforce the provisions of it was another. The peers and bishops expected to be indulged forthwith in the pleasures of a hot persecution.

The king's first act was to teach them to moderate their ardour. In order to soothe the acrimonies which the debate had kindled, the lords spiritual and temporal were requested to repair to Lambeth to ”animate and comfort the archbishop,” and to bury the recollection of all differences by partaking of his hospitality. The history of their visit was, perhaps, diluted through Protestant tradition before it reached the pages of Foxe, and the substance only of the story can be relied upon as true. It is said, however, that on this occasion a conversation arose which displayed broadly the undercurrent of hatred between Cromwell and the peers. One of the party spoke of Wolsey, whom he called ”a stubborn and churlish prelate, and one that never could abide any n.o.bleman;” ”and that,” he added, ”you know well enough, my Lord Cromwell, for he was your master.” Cromwell answered that it was true that he had been Wolsey's servant, nor did he regret his fortune. ”Yet was I never so far in love with him,” he said, ”as to have waited upon him to Rome, which you, my lord, were, I believe, prepared to have done.” It was not true, the first speaker said. Cromwell again insisted that it was true, and even mentioned the number of florins which were to have paid him for his services. The other said ”he lied in his teeth, and great and high words rose between them.”[471]

[Sidenote: The persecution commences.]

[Sidenote: The statute is developed into branches.]

[Sidenote: Five hundred suspected persons imprisoned in a fortnight.]

The king's peace-making prospered little. The impetus of a great victory was not to be arrested by mild persuasions. A commission was appointed by the Catholic leaders to reap the desired fruits. Such of the London citizens as had most distinguished themselves as opponents of reformation in all its forms--those especially who had resisted the introduction of the Bible--formed a court, which held its sittings in the Mercers' Chapel. They ”developed the statute” in what were termed ”branches of inference”; they interpreted ”speaking against ma.s.ses” to comprehend ”coming seldom to ma.s.s.” Those who were slow in holding up their hands ”at sacring time,” or who did not strike their b.r.e.a.s.t.s with adequate fervour, were held to have denied the sacrament. In the worst temper of the Inquisition they revived the crippled functions of the spiritual courts: they began to inquire again into private conduct,--who went seldom to church--who refused to receive holy bread or holy water--who were frequent readers of the Bible, ”with a great many other such branches.”[472] ”They so sped with their branches” that in a fortnight they had indicted five hundred persons in London alone. In their imprudent fanaticism they forgot all necessary discretion. There was not a man of note or reputation in the City who had so much as spoken a word against Rome, but was under suspicion, or under actual arrest. Latimer and Shaxton were imprisoned, and driven to resign their bishoprics.[473] Where witnesses were not to be found, Hall tells us significantly, ”that certain of the clergy would procure some, or else they were slandered.” The fury which had been pent up for years, revenge for lost powers and privileges, for humiliations and sufferings, remorse of conscience reproaching them for their perjury in abjuring the Pope, whom they still reverenced, and to whose feet they longed to return, poured out from the reactionary churchmen in a concentrated lava stream of malignity.

[Sidenote: The bishops' zeal is greater than their discretion.]

[Sidenote: A general pardon is granted once more.]

The blindness of their rage defeated their object. The king had not desired articles of peace that worthless bigots might blacken the skies of England with the smoke of martyr-fires. The powers given to the crown by the Act of Proclamations recoiled on those who bestowed them, and by a summary declaration of pardon the bishops' dungeon doors were thrown open; the prisoners were dismissed;[474] and though Cromwell had seemed to yield to them in the House of Lords, their victims, they discovered, would not be permitted to be sacrificed so long as Cromwell was in power.

[Sidenote: The Vicar of Stepney, who has denounced authority in violent language, is called on to recant.]

[Sidenote: He yields an ambiguous obedience.]

Not contented with granting an indemnity, Henry set the persecutors an example of the spirit in which to enforce the Six Articles. Next to Barnes and Latimer, the most obnoxious of all the reforming clergy, in high orthodox quarters, was Jerome, Vicar of Stepney. While the parliament was in session this person preached in violent denunciation of their proceedings. He denied their authority to make laws to bind the conscience.[475] He had used ”opprobrious words” against the members of the House of Commons, calling them ”b.u.t.terflies, fools, and knaves;” and when the Act of Opinions was pa.s.sed, he was seized by the committee at the Mercers'. We need not ask how he would have been dealt with there; but Henry took the cause out of their hands. He sent for the preacher, and, as Jerome reported afterwards, ”so indifferently heard him, so gently used him, so mercifully forgave him, that there was never poor man received like gentleness at any prince's hand.” The preacher consented to revoke his words in the place where he had used them; and appearing again in the same pulpit, he confessed that he had spoken wrongly. The king had shown him that to restrain the power of the government within the limits which he desired, would create confusion in the commonwealth, and that his declamation against the burgesses had been ill and slanderously spoken. He recanted also other parts of his sermon on questions of doctrine; but he added an explanation of his submission characteristic of the man and of the time. ”He was perplexed,” he said, ”but not confounded;” ”he was compelled to deny himself; but to deny himself was no more but when adversity should come, as loss of goods, infamies, and like trouble, than to deny his own will, and call upon the Lord, saying, _Fiat voluntas tua_.”[476] Catholics and Protestants combined to render the king's task of ruling them as arduous as it could be made.

The bill, nevertheless, though it might be softened in the execution, was a hard blow on the Reformation, and was bitterly taken. Good came at last out of the evil. The excesses of the moving party required absolutely to be checked; nor could this necessary result be obtained till the bishops for a time had their way uncontrolled; but the dismissal of Latimer from the bench, the loss of the one man in England whose conduct was, perhaps, absolutely straightforward, upright, and untainted with alloy of baser matter, was altogether irreparable.

[Sidenote: The king and Prince Edward.]

We approach another subject of scarcely less importance than this famous statute, and scarcely less stern. Before we enter upon it we may pause for a moment over one of the few scenes of a softer kind which remain among the records of this iron age. It is but a single picture. Richard Cromwell, writing from the court of some unimportant business which the king had transacted, closes his letter with adding: ”This done, his Grace went to the prince, and there hath solaced all the day with much mirth and with dallying with him in his arms a long s.p.a.ce, and so holding him in a window to the sight and great comfort of all the people.”[477] A saying is recorded of Henry: ”Happy those who never saw a king and whom a king never saw.” It is something, though it be but for once, to be admitted behind the shows of royalty, and to know that he, too, the queller of the Pope, the terror of conspirators, the dread lord who was the pilot of England in the sharpest convulsion which as yet had tried her substance, was nevertheless a man like the rest of us, with a human heart and human tenderness.

But to go on with our story.

[Sidenote: State of the English criminal law.]

[Sidenote: Effect of benefit of clergy and privilege of sanctuary.]

The English criminal law was in its letter one of the most severe in Europe; in execution it was the most uncertain and irregular. There were no colonies to draw off the criminals, no galley system, as in France and Spain, to absorb them in penal servitude; the country would have laughed to scorn the proposal that it should tax itself to maintain able-bodied men in unemployed imprisonment; and, in the absence of graduated punishments, there was but one step to the gallows from the lash and the branding-iron. But, as ever happens, the extreme character of the penalties for crime prevented the enforcement of them; and benefit of clergy on the one hand, and privilege of sanctuary on the other, reduced to a fraction the already small number of offenders whom juries could be found to convict. In earlier ages the terrors of the Church supplied the place of secular retribution, and excommunication was scarcely looked upon as preferable even to death. But in the corrupt period which preceded the Reformation the consequences were the worst that can be conceived. Spasmodic intervals of extraordinary severity, when twenty thieves, as Sir Thomas More says, might be seen hanging on a single gibbet,[478] were followed by periods when justice was, perhaps, scarcely executed at all.[479]

[Sidenote: Reluctance of juries to convict, and of magistrates to sentence.]

[Sidenote: Rarity of capital convictions apparent in the judges'

reports.]

[Sidenote: A sanctuary under the walls of Newgate.]

[Sidenote: Armed interference at a.s.sizes.]

[Sidenote: Difficulty experienced in abridging long recognised privileges.]

The state endeavoured to maintain its authority against the immunities of the Church by increasing the harshness of the code. So long as these immunities subsisted, it had no other resource; but judges and, magistrates shrank from inflicting penalties so enormously disproportioned to the offence. They could not easily send a poacher or a vagrant to the gallows while a notorious murderer was lounging in comfort in a neighbouring sanctuary, or having just read a sentence from a book at the bar in arrest of judgment, had been handed over to an apparitor of the nearest archdeacon's court, and been set at liberty for a few s.h.i.+llings. I have met with many instances of convictions for deer stealing in the correspondence of the reign of Henry VIII.; I have met but one instance where the letter of the law was enforced against the offender, unless the minor crime had been accompanied with manslaughter or armed resistance: the leaders of a gang who had for many years infested Windsor Forest were at last taken and hanged. The vagrancy laws sound terribly severe; but in the reports of the judges on their a.s.size, of which many remain in the State Paper Office, I have not found any one single account of an execution under them. Felons of the worst kind never, perhaps, had easier opportunities. The parish constables were necessarily inefficient as a police; many of them were doubtless shaped after the model of Dogberry; if they bid a man stand and he would not stand, they would let him go, and thank G.o.d they were rid of a knave.

There was a sanctuary within reach all over England, even under the very walls of Newgate, where escaped prisoners could secure themselves. The scarcely tolerable licence of ordinary times had broken its last bonds during the agitations of the Reformation, and the audacity of the criminal cla.s.ses had become so great that organized gangs of them a.s.sembled at the gaol deliveries and quarter sessions to overawe the authorities. Ambitious or violent knights and n.o.blemen interfered to rescue or protect their own dependents.[480] They alone were the guardians of the law, and they at their pleasure could suspend the law; while the habit of admitting plea of clergy, and of respecting the precincts of sanctuary, had sunk so deeply into the practice of the country, that, although parliament might declare such privileges curtailed, yet in many districts custom long continued stronger than law. The constables still respected the boundaries traced by superst.i.tion; felons were still ”saved by their book;” the English, like the Romans, were a people with whom legislation became strong only when it had stiffened into habit, and had entered slowly and formally into possession of their hearts and understandings.