Imágenes de páginas
PDF
EPUB

Wolsey makes an unprecedented demand for money; More's response for the

commons; clergy assert their right to grant money only in convocation; the

forced loan of 1526; downward turn in Wolsey's fortunes .

Luther and the Reformation; in each country in which it prevails it has a special

and local history; Luther and Henry VIII. ; Luther and the New Learning;

Lutheranism and Lollardry; Tyndal's translation and Wycliffe's tracts appear

together; Wolsey's attempt to reform the clergy; he suppresses some smaller

monasteries and founds Christ Church; Cambridge first receives the Lutheran

literature; in 1528 Oxford purged of heresy

Wolsey and the divorce; no male heir, and Mary's legitimacy assailed; real

grounds for a divorce belittled by unworthy motives; position of the pope as
final judge in such matters, under the theory of the mediæval empire; Wolsey
first attempts to hear the case as legate; then refers it to Rome, and guarantees
a successful issue; conflicting motives which there embarrassed its considera-
tion; appointment of Campeggio and failure of his mission; Wolsey's over-
throw; last of the great ecclesiastical statesmen; distribution of his powers;

his portrait of Henry VIII. .

5. Cromwell, 1529-40: his early life; disciple of Machiavelli; member of the

parliament of 1523; his fidelity to Wolsey, who had employed him in the sup-

pression of monasteries; after Wolsey's fall he suggests to the king a new line

of policy; outline of that policy in its broader aspects

Review of the prior relations between the English Church and papacy; resistance

of the feudal supremacy of Boniface VIII.; Statute De asportatis ; Statute of

Provisors; Statute of Præmunire; Lollardry; religious revolt of the fourteenth

century a mere prologue to that of the sixteenth

Cromwell aimed not at the restraint but entire abolition of the papal power;

sworn of the privy council; the divorce becomes the mainspring of separation;

Henry's policy of menace and coercion; parliament made the tool of the crown

Outline of the work of the Reformation Parliament of 1529; its first session began

in November with an attack upon the clergy; detailed accusation against them;

[ocr errors]

52

the bishops called upon to answer ; clergy's dual allegiance; acts for their dis-

cipline, and for the reduction of probate and administration fees; mortuary

fees or “corse presents;" act as to clerical trading, residence, and pluralities;

king released from his debts

Wiltshire's mission to the emperor; attended by Cranmer, who had suggested the

submission of the question of the divorce to the learned; he writes a treatise

upon the subject; his scheme put into practical operation; coercion and bribery

fail to produce a consensus of opinion

Henry draws nearer to Cromwell's policy, – fresh assault upon the clergy in

second session, January, 1530–31; convocation forced to admit the king's head-

ship of the church with a qualification; cautious policy of the commons; after

adjournment, lords and part of the commons address the pope in the king's

behalf ; Catherine banished to Ampthill ; Gardiner's mission to Rome

Third session of 1531–32; statute limiting jurisdiction of church courts to diocese

of defendant's residence; conditional statute forbidding payment of annates or

firstfruits, and authorizing the consecration of bishops without papal author-

ity; convocation forbidden to legislate without royal license (“Act of Submis-

sion,” 25 Hen. VIII. c. 19, passed at the end of 1533); conditional excommuni-

cation of Henry and Anne .

Fourth session, February, 1532–33; statute forbidding appeals to Rome in certain

cases; the course of appeal; Cranmer appointed primate; questions involved

in divorce submitted to convocation ; Cranmer's decree, which the pope declared

null; Elizabeth born, September 7, 1533 .

Fifth session, January, 1534; statutes confirming submission of clergy, forbidding

all appeals to Rome, and the payment of Peter's pence; statute as to annates

reënacted with provision authorizing nomination of bishops by congé d'Ilire, the

method employed to the present day

Henry's first succession act; oath to support the succession drafted under the

act refused by Fisher and More; breach made final by papal decree, March,

1534, confirming Henry's marriage with Catherine; Henry's bitter response

Sixth session, November, 1534, completes the work of separation ; Act of Supre-

macy; all allegiance now due to Henry as king and pontiff; statute to remedy

defects in the succession oath; the new oath, and penalties for its refusal ;

Cromwell appointed vicar-general; firstfruits and tenths taken from the pope

and given to the king; statute creating twenty-six new bishoprics

The new machinery of persecution first applied to the Carthusians; then to Fisher

and More; form of the indictments; outcry which followed their executions;

the bull of deposition.

Suppression of the lesser monasteries; confiscations in the reign of Henry V.;

Morton's attempt to reform the clergy in 1489; Warham's attempt in 1511;

Wolsey's attempt in 1523 supplemented by the suppression of lesser monas-

teries ; Cromwell and Leighton employed in the work; right of visitation trans-

ferred by the Act of Supremacy from the pope to the king; terms of the

commission to Leighton, Legh, and Rice; their report to the seventh and last

session of the Reformation parliament, which began in February, 1536; a great

debate on the report; statute for the suppression of all monasteries with annual

incomes of less than two hundred pounds; summary of the work of the great

parliament of 1529

A new parliament meets in June, 1536; trial and execution of Anne Boleyn ;

Henry marries Jane Seymour; second succession act.

Great rebellion in the north, 1536–37, known as the “ Pilgrimage of Grace;”

Aske's appeal for the “ commonwealth," a term which embodied the growing

political idea of the age; the rebellion cruelly suppressed by Cromwell

Strife of the rival factions at the council board; divergent views of Anglicans and

Lutherans; Henry's attempt to provide a common ground upon which all
parties could meet; convocation of 1536; Ten Articles of religion the result;
Lutheranism and the League of Schmalkald, into which Henry strives to enter ;
the Ten Articles expanded into the larger statement known as the “ Institution
of a Christian Man;" certain articles drawn up at Wittenberg in 1536; Thir-

teen Articles of 1538 .

Parliament of 1539 called to hush religious discord; speech from the throne;

statute giving the king's proclamations the force of law; suppression of the

greater monasteries; disappearance of the parliamentary abbots; creation of

new bishoprics; how the abbey lands were disposed of; sale and transfer of

lands facilitated by statute; Henry dictates the Statute of the Six Articles,

which closes the doctrinal legislation of his reign; penalties for offending

against the act

Revival of persecution by the Anglicans; motives for a Lutheran alliance; Crom-

well reverses the policy of persecution; the effect in Germany; designs involved

in the marriage of Henry with Anne of Cleves; the failure of Cromwell's

scheme results in his overthrow .

6. Henry's Secular Legislation: relaxation of feudal restraints upon alienation;

feudalism extinguished the right of devise, and enacted the statutes of mort-

main; origin of uses or trusts; right of devise thus in a measure revived;

statute of 27 Hen. VIII. as to uses and wills; it facilitated " bargains and

sales ;” statute of 32 Hen. VIII. reëstablishing the right of devise; Statute of

Limitations, 32 Hen. VIII. c. 2; statute as to superstitious uses, 23 Hen.

VIII. C. 10; statute as to common recoveries, 32 Hen. VIII. c. 3; their recent

abolition

Dissolution of monasteries transferred care of poor from church to state; begging

and vagrancy; state first assumed the care of the poor by statute of 27 Hen.

VIII. C. 25; beginning of the parochial poor law system; statute of 32 Hen.

VIII. c. 7, authorizing laymen to sue for tithes

First statute of bankrupts, 34 & 35 Hen. VIII. c. 4; statute of amendments and

jeofail, 32 Hen. VIII. c. 30; benefit of clergy taken away in many cases by
23

[ocr errors]

99

1. The Closing Years of Henry's Reign (1540-47): general results of Crom

well's policy, - exaltation of the crown, humiliation of the church; Cromwell
employs the parliament as the tool of the crown; the lords a spiritless body,

and the commons made up of royal nominees; estates called together year after
-"year to sanction the royal policy; the abnormal aggregation of civil and ecclesi-

astical powers vested in the crown; the church a mere department of state; its
dogmas and liturgy fixed by the royal authority; rivalry of the religious factions
after Cromwell's fall; Norfolk's return to power after Henry's marriage with
Catherine Howard in 1540; his hostility to the new religious movement undis-
guised; Henry married to Catherine Parr, July, 1543; when he realized that the

.

1. History of Regencies from Henry III. to Edward VI. : administration of

royal authority during absence, infancy, or incapacity of the king; first regency

after the Conquest constituted at the accession of Henry III. ; regency at the

accession of Edward III. ; proceedings at the accession of Richard II., the first

to succeed under the doctrine of representation ; regencies during the reign of

Henry VI.; sole power of the estates to create regencies emphasized; growing

influence of the commons; regency at the accession of Edward V.; four princi-

ples of constitutional law now distinctly recognized; provisions made by Henry

VIII. for a regency during minority of Edward VI.; provisions of the act of 28

Hen. VIII. c. 7; council of regency appointed by will under authority of the

act; act of 28 Hen. VIII. C. 17; usurpation of Seymour; process by which

he established his protectorate; modification of plan of government provided

by the will; removal of the lord chancellor; patent issued in Edward's name

making Somerset protector with unlimited powers

109

2. Protectorate of Somerset: English Reformation inaugurated by Somerset and

Cranmer; policy of regarding the church as a mere department of state con-

tinued; new patents for bishops as well as judges; source and extent of

episcopal jurisdiction as defined in Cranmer's patent; right of visitation first

transferred from the pope to the crown by 25 Hen. VIII. C. 21, extended;

Cranmer's scheme of reform outlined in the instructions now issued for a new

visitation ; resisted by Bonner and Gardiner, who were imprisoned; necessary

legislation enacted in the parliament which met on November 4, 1547 ; neces-

sity for the repeal of the Six Articles defining heresy; statutory definitions of

heresy prior to that act; all prior statutes upon the subject repealed by i Edw.

VI. c. 12; common law as to heresy as settled in Sawtre's case revived

114

[ocr errors]

.

[ocr errors]

The mass superseded by the communion; treasons act of 26 Hen. VIII. c. 13

repealed; and act of 25 Edw. III. c. 3, with a few amendments, restored ; in
1552 provision made for two witnesses in cases of treason; elections of bishops
by congé d'élire abolished, and their appointment vested in the king ; act giving
royal proclamations the force of law repealed; cruel vagrancy act of i Edw.
VI. c. 2

117

Origin and fate of the chantry lands; primary objects of such donations; distinc-

tion between “superstitious” and “good and charitable uses;" act of 37 Hen.

VIII. C. 4, giving the chantry lands to the king ; act of 1 Edw. VI. c. 14, declar-

ing that such lands should be applied to “good and godly uses”

118

Unsuccessful attempt of the clergy to gain representation in the nether house of

parliament;” marriage of priests declared to be lawful; first Act of Uniformity

and the Book of Common Prayer; question of the communion ; first or “high

church” prayer-book of 1549; introduction of the new liturgy followed by

revolt in the western counties

119

Agrarian difficulties, their origin and character; breaking up of the manorial sys-

tem and its effect upon the relation of landlord and tenant; scarcity of hired

labor caused by the ravages of the Black Death which began in 1348; Statutes

of Laborers enacted by the landowners for the coercion of the working classes;

conflict between capital and labor culminated in the Peasant Revolt of 1381;

extinction of villenage; consequent change in the method of agriculture; the

question of “enclosures;” statutes passed to check the evils arising from

enclosures, which were greatly increased by the dissolution of the monasteries;

Enclosures' Commission appointed by Somerset in the summer of 1548; refusal

of parliament to grant relief brought on rebellion headed by Ket, who demanded

general redress of agrarian grievances; earl of Warwick selected by the land-

owners to put down the revolt; Warwick supplanted Somerset in October, 1549 121

3. Government of Warwick, Duke of Northumberland: Henry's executors

regained authority under the lead of Warwick; no change of policy; riot act

of 3 & 4 Edw. VI. c. 10; work of reformation continued; attempt to restore

jurisdiction of ecclesiastical courts failed; vagrancy act of Edw. VI. c. 2

repealed

Bitter attack upon the prayer-book of 1549 led by Hooper; main points of attack;

second Act of Uniformity and the “ low church” prayer-book of 1552 ; liturgy

thus completed still survives

· 125

The Forty-two Articles of 1553, afterwards reduced to Thirty-nine; prior formu-

laries put forward by Lutherans, Calvinists, and Roman Catholics; process of

definition began in England with the Ten Articles of 1536; the making and

promulgation of the Forty-two Articles; Hardwick's statement; not until 1563

were the Forty-two Articles reduced to Thirty-nine; the final revision of 1571 · 126

Abortive attempt made to codify the ecclesiastical laws; ancient canons, not in

conflict with Reformation statutes, continued in force; unsuccessful attempt to

codify made in Henry's reign revived by 3 & 4 Edw. VI. c. 11; appointment of

a commission; refusal of parliament to approve the results of its labors; since

the failure to make a code, convocation has enacted such canons as the disci-

pline of the church required; canons of Elizabeth; compilation made by con-

vocation in the reign of James I. remained unaltered until 1865

128

Great administrative disorder at the end of Edward's reign; parliament met in

[ocr errors]
« AnteriorContinuar »