of their richest decorations, hitherto re-tion of religious houses had taken place. garded by the people as the ornaments of Twenty thousand men appeared in open their little neighborhood, and the boast of revolt, headed or incited by Mackrel, who village pride, must have been keenly re- assumed the name of captain Cobler. Their gretted, in proportion to the rudeness of proposals were extremely moderate, chiefly their private accommodations, and to the directed, indeed, against the upstarts premeanness of their domestic architecture. ferred in church and state. In the month They were robbed of their ancient and of October, 1536, this body of insurgents their only ornaments. Every church con- melted away without a struggle. The king, tained relics, for which a very mitigated alarmed by more serious risings, granted a reverence might have been excused, and pardon to them, and the more stubborn and an undue veneration was actually enter- needy of them fled to their insurgent tained. Many small chapels were visited brethren in the north. There, the whole by pilgrims from distant lands. Every people between the Humber and the Tweed, parish had miraculous legends, to be de- together with those of Cumberland, of plored, doubtless, as the offspring of credu- Westmoreland, and of the northern portion lity, and still more as occasionally the means of Lancashire, had during the commotions of fraud; but endearing to the peasants the in Lincolnshire taken up arms. They parochial church, the adjacent convent, were led into the field by Robert Ask, a and every point of a neighborhood over man of Yorkshire, whose station entitled which tradition had strewed her tales of him to be called "a gentleman." They prodigy. The people were most affected assumed the title of a "Pilgrimage of by the sight of the friars themselves, ex- Grace," proceeding in this array to implore pelled from their home and their land, often with joint prayers "the grace or favor of at an advanced age, and generally after God." The priests marched before them they had been unfitted for bodily toil; all bearing crucifixes and banners, on which of whom bore outward marks of goodness, the sufferings of Christ were painted. and many of whom were doubtless known They obliged all their prisoners to swear to the laborers and farmers of the vicinage "that they should enter into this Pilgrimonly by their prayers and their alms. The age of Grace for the love of God, the previces of some, the uselessness of most, servation of the king's person, the purifywere forgotten in the calamity of all, and ing of the nobility, and expelling all villain in the merits of a few. The proscribed blood and evil counsellors; taking before religious inflamed all these feelings by pop- them the cross of Christ, his faith, and the ular harangues. restitution of the church; the suppression The immediate occasion of revolt was of heretics and their opinions.' The garsupplied by the injunction of the vicegerent rison of Scarborough were faithful. Clifto the clergy, in autumn 1536, which di- ford, earl of Cumberland, held out in his rected them "to proclaim, for a time, on castle of Skipton. The other strong holds every Sunday, and afterwards twice in each of the north, such as York and Hull, fell quarter, that the bishop of Rome's usurped into the hands of the insurgents. At Pompower had no foundation in the law of God; fret castle, Ask persuaded or compelled the to abstain from extolling images, relics, or archbishop of York, and the lord Darcy, to pilgrimages, and to exhort the people to take the oath and join his army. Lord teach their children the Lord's Prayer, the Dacre of Gilliesland bravely refused to Creed, and the Ten Commandments in make any concessions to those who were English."* These injunctions seemed to masters. In the course of negotiations be inoffensive and almost inefficacious; but which ensued, Ask, seated on a chair of some risk must be incurred by attempts to state in the castle of Pomfret, having the introduce innovations, however small, into archbishop of York on his right hand, and the public worship of a people-the most the lord Darcy on his left, received a herfrequently recurring of all collective acts, ald from the earl of Shrewsbury the comand the only solemnity in which all take mander of the king's troops. Ask refused an active and equal part. It was easy for to allow the herald to read out the proclathe clergy to represent the measures of mation of which he was the bearer, but government as only experiments on the sent him back to lord Shrewsbury, with a patience and simplicity of the people, pre-safe-conduct. On the 6th of December, paratory to that daring plan of revolution 1536, after the king had arrived at Donin doctrine and worship which was medi- caster with a superior force, the lords tated by the king's heretical advisers. Scroop, Latimer, Lumley, and Darcy, Sir An insurrection first broke out in Lin- T. Piercy, Robert Ask, and about 300 colnshire, the county where the first visita- others, on the part of the insurgents, met the duke of Norfolk and Sir William Fitz

* Burnet. Reform, book iii. Holinshed. Herbert.william, on behalf of the king, in order to

consider terms of compromise. The re- disgrace and desecrate religious houses in volters began by asking a hostage for the the eyes of the people. Of all the evils safety of Ask. Henry, who by long delay of false religion, the worst, perhaps, is, that had got them into his snare, haughtily an- it engages a multitude of ecclesiastics in swered "that he knew no gentleman or the performance of fraudulent mummeries, other whom he esteemed so little as to put which must divest both of piety and sinhim in pledge for such a man." The de- cerity a body who are chosen to teach virmands of the commons, which included the tue to their fellows. The objects of the restoration of the princess Mary to her le- visitors were so well known, that zealous gitimacy, of the pope to his wonted juris- witnesses against the devoted monasteries diction, and of the monks to their houses, were nowhere wanting. In some cases were rejected with scorn, and the insur-great abuses were detected, and perhaps gents were compelled to accept a full satis- sufficiently proved. It must also be owned faction and general pardon,* on condition that some of the most disgusting and odious that they should submit to Norfolk and offences with which they were charged Shrewsbury (the king's lieutenants), and are not the most unlikely to creep into that the northern commons should rebel no monastic retreats. But it never can be forgotten in such cases, that revenue not reNorfolk, who commanded against the re-formation, plunder not punishment, were volters, was unwilling to obtain too com- the objects of which the visitors were in plete a victory over Catholic opponents; quest; so that proofs of innocence were aland he had secretly warned the king against together unavailing, and not even proofs the danger of strengthening the Lutheran of poverty could save the smallest houses party by the destruction of their most ir- from the paws of the inferior beasts of prey. reconcilable antagonists. But the embers Some, indeed, sought favor by a more of rebellion still glowed.

more.

promising road; by blackening themselves, Various circumstances contributed to ex- their fellows, and their order, and thus asperate Henry against the Catholic clergy, helping to render destruction popular, by or afforded him plausible pretexts for the averring that "the pit of hell was ready to execution of those more extensive confis- swallow them up for their ill life;" by procations which he or Cromwell originally fessing "that they were now convinced of meditated. It is the nature of all severe the wickedness of the manner and trade of policy, even if justified by necessity, to living that they and others of their preprovoke new resistance, where it does not tended religion followed." A hundred and extinguish the spirit of disaffection. Rigor fifty abbots and other superiors had surrenoften revives rebellion, and rebellion calls dered their houses and lands to the crown beout for redoubled rigor. There are critical fore the year 1539. Very effectual examples moments in the history of most countries, deterred most ecclesiastics from walking in when a government appears to be, as it the footsteps of the refractory monks. The were, doomed to move in this unhappy abbots of Reading, Glastonbury, and Colcircle; which often doubles the righteous chester (three of the greatest), those of punishment of bad rulers, but sometimes Whalley, Gerveaux, and Sawley, together also is a severe trial of those who desire to with the priors of Woburn and Burlington, do well. Another insurrection in the north, had been executed under color of having though quickly subdued, was sufficient to aided the insurgents. Several suffered show the fellow-feeling of the people with within sight of their monasteries. The the clergy. A second general visitation of nature of the proceedings may be estimated monasteries took place in 1537, and a by the fact, that it has been scarcely found board of commissioners was appointed for possible to ascertain with due precision the the superintendence of the revenue confis- particulars of the respective accusations. cated, under the title of "The Court of Those abbots, on the other hand, who had Augmentation of the King's Revenue." been most forward to betray the communiTo prepare the way for these commissioners ties which they ruled, and the property the richest shrines and the most revered which they held in trust, were rewarded relics were pillaged or destroyed (more es- by Henry with pensions proportioned to pecially those of St. Thomas at Canter- their dishonesty. At length the system of bury,t) on allegations, too often very true, confiscation was closed and sealed by a that they were scenes of gross imposture, where pretended miracles had long undermined all reverence for religion. The aim of these destroying measures was to

* 9th Dec. 1536. Herbert, 213.

† Burnet. Reform, book iii.

Burnet. Reform. book iii.

§ The abbot of Thierney, the prior of Coventry, and the prior of Northampton, are named as de serters; and the warden of New College, Oxford, and the dean of York, labor under the like imputation, though of different classes. The income of the ab bot of Glastonbury was rated at 35007., and that of the abbot of Reading at 21,000.

statute passed in 1539, which provided that tor's rights, or it may be conditional, or in "all monasteries or other religious houses other words, held only as long as certain dissolved, suppressed, surrendered, renounc- conditions are performed. There are specied, relinquished, forfeited, or by any means mens of all these sorts of property in the come to his highness, shall be vested in codes of most civilized nations. But in all him, his heirs, and successors, for ever."* these cases the essence of property is preThus was completed the confiscation of served, which consists in such a share or a fifth or a fourth part of the landed prop- kind of power as the laws confer. The erty of England and Wales within the advantages may be extremely unequal. The space of five years. It may be a fit mo- inviolable right must (by the force of the ment therefore to pause here, in order terms) continue perfectly equal. calmly and shortly to review some of the The legal limits of the authority of the weighty questions which were involved in supreme legislature are not a reasonable this measure. There is no need of ani- object of inquiry, nor indeed an intelligible madverting upon the means by which it form of expression. But to conclude that, was effected, though we must assent to the because the law may, in some sense, be affirmation of a great man, "that an end said to create property, the law is to be which has no means but such as are bad, is a deemed on that account as entitled rightbad end." But the general question may fully to take it away, is a proposition foundbe best considered, keeping out of view any ed on a gross confusion of two very distinof those attendant misdeeds which excite a guishable conceptions. It uses the word very honest indignation, but which disturb property in the premises for a system of the operation of the judgment. Property rules, and in the conclusion for a portion is legal possession. Whatever exercises a of external nature, of which the dominion certain portion of power over any outward is acquired by the observance of these rules. thing in a manner which, by the laws of It is only in the first of these senses that the country, entitles him to an exclusive property can be truly called the creature enjoyment of it, is deemed a proprietor. of law. In the second sense it is acquired But property, which is generally deemed to or transmitted not by law but by the acts be the incentive to industry, the guardian of a man when the acts are conformable to of order, the preserver of internal quiet, legal rules. It is impossible within our the channel of friendly intercourse be- present limits to canvass the small or aptween men and nations, and, in a higher parent objections which may occur to this point of view, as affording leisure for the scheme of reasoning. It is sufficient, perpursuit of knowledge, means for the exer- haps, here to remark, that these are the cise of generosity, occasions for the returns generally acknowledged principles, and of gratitude; as being one of the ties that deviations from them in practice are which join succeeding generations, strength- no more than partial irregularities, to which ening domestic discipline, and keeping up the disturbing forces of passion and interest the affections of kindred; above all, be- expose human society. cause it is the principle to which all men The clergy, though for brevity_someadapt their plans of life, and on the faith times called a corporation, were rather an of whose permanency every human action order in the state composed of many coris performed; is an institution of so high porations. Their share of the national and transcendant a nature, that every gov-wealth was immense, consisting of land deernment which does not protect it, nay, vised by pious men, and of a tenth part of that does not rigorously punish its infrac- the produce of the soil set apart by the tion, must be guilty of a violation of the customary law of Europe, for the support first duties of just rulers. The common of the parochial clergy. Each clergyman feelings of human nature have applied to had only in this case an estate for life, to it the epithets of sacred and inviolable. which during its continuance the essential Property varies in the extent of the powers attribute of inviolable possession was as which it confers, according to the various firmly annexed by law as if it had been laws of different states. Its duration, its perpetual. The corporate body was supdescent, its acquisition, its alienation, de- posed to endure till it was abolished in pend solely upon these laws. But all laws some of the forms previously and specially consider what is held or transmitted agree- provided for by law.

ably to their rules as alike possessing the For one case, however, of considerable character of inviolable sacredness. There perplexity, there was neither law nor precemay be, and there is, property for a term dent to light the way. Whenever the suof years, for life, or for ever. It may be preme power deemed itself bound to change absolute as to the exercise of the proprie- the established church, or even materially

31 Hen. 8. c. 13.

to alter the distribution of its revenues, a question necessarily arose concerning the

moral boundaries of legislative authority in of abbey lands" the life estates had been such cases. It was not, indeed, about a spared, the monks, who were the main stay legal boundary; for no specific limit can be of papal despotism, and the most deadly assigned to its right of exacting obedience foes of all reform, would have had arms in within the national territory. The ques- their hands which might have rendered tion was, what governments could do them irresistible. It must, perhaps, be acmorally and righteously,-what it is right knowledged, that it was more necessary to for them to do, and what they would be the security of Henry's partial reformation enjoined to do by a just superior, if such to strip the monasteries at that moment, a personage could be found among their than to dissolve communities which a better fellow-men? At first it may seem that the regulation might in future reconcile to the lands should be restored to the heirs of the new system.

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original grantor. But no provision for such We are assured by Sir Thomas More, a reversion was made in the grant. No ex-"that in all the time while he was conpectation of its occurrence was entertained versant with the court, of all the nobility by their descendants. No habit or plan of of this land he found no more than seven life had been formed on the probability of that thought it right or reasonable to take it. The grantors or founders had left their away their possessions from the clergy.' property to certain bodies under the guar- So inconsiderable was the original number dian power of the commonwealth, without of those who, not many years after, accomthe reserve of any remainder to those who, plished an immense revolution in property.* after the lapse of centuries, might prove To which it must be answered, that the themselves to be their representatives. It observance of justice is more necessary than is a case not very dissimilar to that of an security for any institution; that many individual who died without discoverable regulations might have stood instead of one heirs, and whose property for that reason deed of rapine; that the milder expedients falls to the state. It appeared, therefore, would have provoked fewer and more remeet and righteous that in this new case, concilable enemies; that if, on the whole, after the expiration of the estates for life, they afford less security, the legislature the property granted for a purpose no were at least bound to try all means before longer deemed good or the best, should be they who were appointed to be the guarapplied by the legislature to other purposes dians of right set the example of so great a which they considered as better. But the wrong. Rulers can never render so lasting sacredness of the life estates is an essential a service to a people as by the example, in condition of the justice of such measures. a time of danger, of justice to formidable No man thinks an annuity for life less in- enemies, and of mercy to obnoxious delinviolable during his life, than a portion of quents. These are glorious examples, for land granted to him and to his heirs for which much is to be hazarded. ever. That estate might, indeed, be for- The next act of Henry, as head of the feited by a misperformance of duty; but church, was to frame a creed guarded by perfect good faith is in such a case more sanguinary penalties for the species of neuindispensable than in most others. Fraud tral and intermediate religion which he had can convey no title; false pretences justify established. In 1536 the bishops were dino acts. There were gross abuses in the vided into two parties; of whom one, with monasteries; but it was not for their of Cranmer and Latimer at its head, inclined fences that the monastic communities fell. towards reformation, though professing to The most commendable application of their be of no denomination of Protestants; anrevenues would have been to purposes as other, led by Lee and Gardiner, who, withlike those for which they were granted as out professing any communion with the the changes in religious opinions would pope, strongly leant to the papal system. allow. These were religious instruction The king attempted to settle all differences and learned education. Some faint efforts by a proclamation (issued after long debates were made to apply part to the foundation in the convocation), which uses high lanof new bishoprics; but this was only to guage on the bodily presence of Christ in cover the profusion with which the pro- the Lord's Supper, but speaks in a more duce of rapine was lavished on courtiers mitigated tone of images, saints, purgatory, and noblemen, to purchase their support of and of rites and ceremonies; matters deemthe confiscations, and to insure their zeal ed by many more important than doctrines, and that of their descendants against the inasmuch as they touched the ordinary and restoration of popery. daily worship of the people. Gardiner, It is a melancholy truth, and may be con- bishop of Winchester, so conspicuous in sidered by some as a considerable objection to the principles which have been thus shortly expounded, that if in "the seizure

* Apology of Sir T. More, 1533.

† Collier, ii. 122, &c.

after times for his activity in maintaining followed by Shaxton, bishop of Salisbury, the papal power, now wrote against the one of the shining lights of "the new learnprimacy of St. Peter himself, in a book, to ing." But the old religion still retained so which Bonner, afterwards bishop of London, much power, or the late policy of the king contributed a preface. The case of Lam- was so odious to a large part of the people, bert may be selected as a specimen of the that the persecuting law was popular, and numerous deaths inflicted on those who contributed to efface the odium incurred by disbelieved more articles of the Roman the spectacle of so many proprietors exCatholic faith than the king. He is called pelled from their homes as the suffering by Cromwell "a sacramentary;" one who monks.

66

held the Lord's Supper to be only a pious The variations of policy in this reign rite appointed to commemorate the death have generally some connexion with revoof Christ. "The king's majesty," says lutions in Henry's palace and in his bed. Cromwell, “ for the reverence of the holy The fate of Anne Boleyn, who, if not atsacrament, did sit and preside at the dispu-tached to the Protestant religion by her tation process of the miserable heretic who faith, was at least bound to the Protestant was burned on the 20th November (1537). party by her honor, was deeply deplored by It was a wonder to see with how excel- Cranmer, by Melancthon, and by all the lent majesty his highness executed the of leaders of reformation at home and abroad. fice of supreme head. How benignly he Jane Seymour became friendly to the essayed to convert the miserable man: how Protestants, from circumstances of which strong his highness alleged against him."* enough is not known of her private history The creed was neither completed, nor to explain. She died in childbed of Edsufficiently fenced round by terrible penal- ward VI. on the 13th of October, 1537. ties, till an act was passed by the parlia- The next choice made by or for Henry, ment which sat in April, 1539, entitled, who remained a widower for the period of “ An act for abolishing diversity of opin- more than two years, afforded an indication ions."+ By this act, whoever preaches of the progress of men in general towards against the natural body of Jesus Christ reformation. The princess Anne, sister of being present in the sacrament, or that the duke of Cleves, a considerable prince there remaineth any substance of bread and on the Lower Rhine, who had lately estabwine in it, is declared and adjudged a here- lished Lutheranism in his principality, was tic, and shall suffer the pains of death by sought in marriage by the king of Engburning. The fluctuating creed of Henry land. The pencil of Holbein was employed is extended by the second enactment of to paint this lady for the king, who, pleased this clause, which includes, for the first by the execution, gave the flattering artist time, the Lutheran doctrine of consubstan- credit for a faithful likeness. He met her tiation; thus marking the least deviation at Dover, and almost immediately betrayed from the orthodox doctrine on this point as his disappointment. Without descending criminal in the highest degree. All those into disgusting particulars, it is necessary who preach the necessity of the communion to state, that though the marriage was solin both kinds to laymen, or for the marriage emnized, the king treated the princess of of priests, or against the observance of vows Cleves as a friend. He early declared that of chastity, or the propriety of private he had felt a repugnance to her from some masses, or the fitness of auricular confes- personal peculiarities which are not allursion; all priests who shall marry after hav-ing, and which he described in their full ing advisedly made vows of chastity, shall grossness. The king's indisposition to the suffer the pains of death as felons; and all princess of Cleves continued to increase those who maintain the same errors in any during six months of cohabitation, though other manner may be imprisoned during we are not told that it prompted him to acthe king's pleasure. tual discourtesy. The common pretext of Cranmer was compelled by the terrors precontract, in this case alleged to be with of this statute to send his wife secretly to a prince of Lorrain, was at first suggested. Germany. The partisans of the old faith It was at last resolved to accomplish the openly rejoiced at so decisive a pledge that purpose by means still more undisguised. the king would not wade more deeply into On the 6th of July, 1540, the king's minheresy. Latimer, bishop of Worcester, the isters consulted the house of lords on his most upright, sincere, and frank of men, distress. These obsequious peers humbly braved the king's resentments by resigning addressed their master, to remind him of his bishopric within a week after this san- the calamities suffered by the nation from guinary law was passed. His example was disputed successions, and entreated him to

* Nott's Surrey, ii. 328. † 31 Hen. 8. c. 14. Cranmer and Latimer were then of the same opinion.

prevent their recurrence, by ordering inquiry to be made into the doubts respecting the validity of his marriage with the lady