dress for his removal from power. On the the treason: they convicted him of the 28th of October, the great office of lord felony; a verdict of which the strict lehigh-admiral was conferred on his formida-gality may be questioned; for though the ble and mortal enemy the earl of War- tenth section of the statute|| makes it felony wick;* and, after many examinations, in to stir up rebellious assemblies, yet that the month of February following he was enactment is qualified by restricting it to enlarged, on the payment of a fine and cases where there is "an intention to do ransom, amounting to 20007. per annum in any of the things above mentioned." Now, land, all his personal goods, besides the for- this refers to the treasons created by this feiture of his offices. These transactions act, of all which the duke was acquitted; were afterwards confirmed by act of par- and it is an essential condition of the liament. Hitherto the circumstances which felony that the unlawful assemblies shall attended this great nobleman's fall from continue their meetings after they have power do not exceed the usual accompani- been legally commanded to disperse. In ments of a violent change of administration this case no such command or disobediin the sixteenth century. ence was pretended. This objection, howWarwick, who was by no very slow de- ever, is technical. It is probably true that grees attracting to himself all the powers the duke of Somerset meditated a revoof government, hastened to assure the na-lution as violent as that by which he had tion that the Protestant interest would suf- been deposed: his principal anxiety was to fer nothing by the protector's removal. The vindicate himself from the charge of plotearl of Southampton, the stay of the Cath- ting the death of Northumberland and his olics, was obliged to leave the court; and colleagues. After his condemnation, the the bishops were apprized by circular let-ax not being carried naked before him as ters of the king's determination‡ to carry he left Westminster Hall, the people, who on the reformation. These measures were, hailed this circumstance as a proof of his however, rather the result of Warwick's acquittal, expressed their joy by loud acclaposition than of his inclination: he declared mations. "On the 22d of January, 1552," at his death that he had always been a says the diary of his royal nephew, "he Catholic; and the most zealous Protestants had his head cut off upon Tower Hill bebewailed the fall of Somerset as dangerous tween eight and nine o'clock in the mornto their cause. ing."T Warwick, now the undisputed chief of We learn from those on whom the prothe government, allowed Somerset to re-tector had fewer claims, that the particusume his seat in council on the 8th of April, lars of the death thus shortly and coolly 1550; and lord Lisle, the eldest son of mentioned were not uninteresting. A false Warwick, was married on the 3d of June alarm had thrown the spectators of the to Somerset's daughter. But under a fair execution into confusion; some of them surface of friendship the sores of fear and fell into ditches, or were otherwise hurt. anger still rankled. Somerset could not Amidst their apprehensions, they, observing persuade himself that he would be safe with- Sir Anthony Brown riding up to the scafout power. Warwick apprehended con- fold, conjectured, what was not true, but tinual attempts on the part of Somerset to which they all wished to be true, that the recover the protectorship. Somerset as- king had sent a pardon for his uncle; and, sembled armed retainers in circumstances with great rejoicing and casting up their where it was very difficult to separate de- caps, they cried out, "Pardon-pardon is fence from offence. On the 17th of Octo- come, God save the king!" The duke ber, 1551, the duke and duchess of Somer-showed some emotion; but his deportment set, with many of their friends, were com- in death, and his address to the bystanders, mitted to the Tower; and on the 1st of of whom many were deeply affected, were December following the duke was brought signalized by firmness and dignity. to trial before the high steward and lords- The parliament, which met on the day triers for high treason, as conspiring to after the execution of the duke of Somerseize the king, and for felony under the set, betrayed some sense of the unjust riot act of the preceding session, in assem- mode of proceeding against him, by reformbling to imprison the earl of Warwick, a ing at that moment one of the most grievprivy-counsellor, who had since been raised ous abuses in the criminal law. A bill was to the dignity of duke of Northumberland. passed to make it high treason to call the The lords unanimously acquitted him of king or his successors under Henry's act

* Rymer, xv. 194.

§ State Trials, i. 518, 519., where the whole record Very improperly omitted in the authentic edition is to be found. See also an account of the trial by of the statutes, as a private act. Edward VI. to Barnaby Fitzpatrick, Fuller, 409. 2 & 3 Edw. 6. c. 5.

Privy-council to the bishops, 25th December, 1549. Burnet, Coll. Records, book i.

¶ Journal of Edw. VI. in Burnet.

of settlement, usurpers, heretics, or schis-him specious pretexts for assailing them as matics,* into which a clause was intro- Zuinglians and Sacramentaries; heretics duced of greater moment than the bill it- whom the body of orthodox Protestants, self, providing that no person shall be con- whether Lutherans, Calvinists, or Anglivicted of these or other treasons, unless he cans, held in especial abhorrence. Notbe accused by two lawful witnesses, who if withstanding what his enemies called conalive shall be confronted with him on his tumacy, they still shrunk from a conflict trial. In spite of this provision, the bar- with a man of so much courage and rebarous iniquity of former times continued source. It was thought fit to make the to be practised long after it was thus for- first experiment on a meaner subject, Bonbidden by law. ner, bishop of London, a canonist of note, The policy adopted in the reign of Ed- believed to be of a fierce temper and prone ward respecting dissent from the establish- to cruelty; a belief well justified by his ed church deserves some consideration. subsequent deeds. A commission issued The toleration of heresy was deemed by for the examination of the complaints men of all persuasions to be as unreasona- against this prelate. The commissioners ble as it would now be thought to propose assembled at Lambeth on the 10th of Septhe impunity of murder. The open exer- tember, 1549. He deported himself insocise of any worship except that established lently, manifesting that he was one of those by law was considered as a mutinous disre- inferior spirits who need coarseness to gard of lawful authority, in which perse- whet the edge of their courage. He comverance was accounted a very culpable con- plained that he was not deprived by a tritumacy. In considering the harsh proceed- bunal proceeding according to the canon ings against those prelates who refused to law. This jurisdiction, however, seemed give the security required by law of their to have fallen with the ancient church. It attachment to the Protestant church, it was answered with great force as far as remust be allowed that the legislature, which lated to Bonner, that he had waived such had the power to change the civil estab- objections when he consented to receive ment of religion, is justified in employing his bishopric from the king by letters patent. moderate means of securing the church, Sentence of deprivation was pronounced of which the exclusion of Roman Catho- against him on the 4th of October, and, on lics from the dignities of the Protestant the bad ground of his indecorum at the church cannot be denied to be in itself un- trial, he was sent to the Marshalsea, where exceptionable. A competent and liberal he continued a prisoner till the king's allowance, however, towards those who death. Gardiner was brought to trial belose their station without any fault, by a fore the commissioners on the 14th of Demere change of belief in their rulers, is cember, 1550. He made so many conceseven in this case an indispensable part of sions, that in what remained he seems to equitable policy. The simple deprivation, have rather consulted pride than conscience; especially if attended with fair compensa- unless we may suspect that he was inflution, of Bonner and Gardiner, does not ap- enced by a desire not to take a decisive pear to be blamable. Gardiner, a man of part on the contested points, until he could extraordinary abilities, learning, and reso, better foresee the issue of very uncertain lution, had been a pliant tool in Henry's revolutions. He too suffered a very rigornegotiations for divorce. Many attempts ous imprisonment; an aggravation which were made to compel him to conform to the cannot be too much condemned in a case new system. Imprisonment, with very un- which was extenuated by the partial inwarrantable aggravations, was chiefly trust-fluence or even the specious color of coned to for subduing his haughty spirit. But science.

he defended himself with spirit and ad- The treatment of the princess Mary was dress. It was easy to gain a personal ad- still more odious, if it be considered as the vantage over some of his opponents, by conduct of a brother towards a sister, or if quoting, in justification of his own opinions, it be tried by the standard of religious libtheir language in the time of the late king erty in modern times. But the first would on the subject of the communion. The be a false point of view, and the second too creed of the more reformed church on the severe a test. Somerset and Northumberreal presence of Christ in the sacrament land, who were the successive masters of was couched in cloudy language, which the the king and kingdom, saw the immense bishop could represent as favorable to his advantage to accrue to the Protestant cause opinion. Some of the most zealous Protest- from the conversion of the presumptive ants had already controverted the Roman heir to the throne. The feeble infancy of Catholic system with a warmth which gave Edward was the only protection of the

* 5 & 6 Edw. 6. c. xi. p. 9. authentic edition.

reformation against a princess already suspected of bigotry, and who had grievous

wrongs to revenge. Her conversion was prohibition.* She probably experienced therefore the highest object of policy. Jus- some connivance, though this formal license tice requires this circumstance to be borne was refused. But, in the autumn followin mind in a case where every generous ing, intelligence was received of designs feeling rises up in arms against the mere formed by the English exiles to carry her politician, and prompts us warmly to ap- to the Netherlands; in consequence of plaud the steady resistance of the wronged which, she was desired to repair to her princess. brother's court. She declined coming There is no known instance in family nearer to London than Hunsdon; reasonably history, in which a brother and his two sis- enough disliking the close observation and ters appeared to be doomed to be each malicious scrutiny of her enemies. On the other's enemies by a destiny inseparable 15th of December, Dr. Mallet, her princifrom their birth, so extraordinary as that pal chaplain, was committed to the Tower of Edward and the two princesses Mary for solemnizing mass at her residence, but and Elizabeth. The legitimacy of Mary when she was absent, and before some who necessarily rendered Elizabeth illegitimate. were not members of her household.† The The innocence of Anne Boleyn threw a mention of these circumstances seems to deep share over the nuptials of which Ed-show that in practice, though not by law, ward was the sole offspring. One statute a connivance with her family worship had had declared Mary to be illegitimate, for arisen, from an understanding with the imthe sake of settling the crown on Elizabeth. perial ministers. The most ungracious act The latter princess was condemned to the of the government was to employ the same brand, to open the door for the nup-tongue and pen of her brother in attacks tials with Edward's mother. Both were on her religious opinions.‡ afterwards bastardized, as it might seem, to On the 18th of March, 1551, she had exalt the lawful superiority of their brother an interview with the council, in the presEdward. At his accession, Mary was in ence of Edward. She was told that "the the thirty-second year of her age, Elizabeth king had long suffered her mass, in hope in her fourteenth, and Edward in his ninth of her reconciliation; and there being now year. Mary was of an age to remember no hope, which he perceived by her letters, with bitterness the wrongs done to her in- except he saw some speedy amendment he nocent mother. Her few though faithful could not bear it." She answered well, followers were adherents of the ancient re-"that her soul was God's; and her faith ligion, to which honor and affection, as well she would not change nor dissemble." She as their instruction and example, bound was answered somewhat evasively, "The her. The friends, the teachers, the com- king does not constrain your faith; but panions of Edward, were, in many in- willeth you, not as a king to rule, but as a stances, bound to the reformation by con- subject to obey." The emperor's minister science. Many others had built their char- hinted at war, if his master's cousin were acter and their greatness upon its estab- thus treated with discourtesy. Cranmer lishment. The pretensions of young Eliz- and his friends allowed "that it was a sin abeth were somewhat more remote; but to license sin; but they thought that to the daughter of Anne Boleyn was still wink at it for a time might be borne, if dear to those zealous Protestants who con- haste were used to get rid of it." Edward sidered Anne (whether inviolably faithful thought their casuistry lax, and on their to Henry or not) as having died for her principles he was right. Soon after, twenfavor to the Protestant cause. The guar-ty-four privy-counsellors, who were assemdians of the young king deserve commen- bled at Richmond to consider the case, dedation for the decorum which they caused termined that it was not meet to suffer the him to observe towards both his sisters, practices of the lady Mary any longer. It though he did not conceal his affection for should seem, however, from the instructions Elizabeth, whom he used fondly to call to Wotton, the minister at the imperial "sweet sister Temperance." His mild court, that there was a disposition in the temper and gentle nature made the task administration to spare Mary, though they of the guardians, as far as regarded him, could not avowedly dispense with the laws. easy. Neither of the ladies were likely to In that temper they probably continued; give equal help to those who labored to but with a fluctuation between the politikeep peace between them. cians who dreaded a rupture with the emWhen the injunctions of 1549 had di-peror, and the Protestant zealots who still rected the discontinuance of the mass, and more dreaded a toleration of the Roman commanded the liturgy to be used in its stead, the emperor's ambassador had interposed to procure an exemption by letters patent for the lady Mary from this rigorous

* Edward's Journ., 19th April, 1549, in Burnet.
Ibid., 13th July, and 14th of August.
Ibid., 15th December. § Ibid., 18th March.

Catholic worship: a state of things very manently, their retreat would be at least mortifying and precarious; which exposed covered. In Edward's reign, the doctrine the princess to be frequently vexed and that only the denial of the essentials of harassed on points where she required the Christianity could lawfully be punished most secure quiet. with death, was a station in the retreat But, on the whole, the reign of Edward from more wide-wasting evil. A century VI. was the most pure from religious per- later it became a position, from which the secution of any administration of the same advance towards good might be impeded length, in any great country of Europe, and retarded. since Christendom was divided between The most remarkable instances of these Catholics and Protestants. "Edward,"* deviations from humanity were those of says a Catholic writer, "did not shed blood fugitives from the Netherlands, who held on that account. No sanguinary, but only many unpopular and odious opinions. Bepenal, laws were executed on those who fore the time of Luther there were small stood off." As long as both parties consid-sects in the Low Countries, who combined ered it their duty to convert or exterminate a denial of the divinity of Christ, whose their antagonists, a peace between them divine mission they revered, with a disbewas impossible. Whatever glimpses of in- lief in the validity of infant baptism, and secure truce occurred were due to the hu- joined the rejection of oaths with the nonmanity or policy of individual sovereigns, resistance adopted afterwards by the Quaor of their ministers. In the present case, kers; proceeding, however, farther than the suspension of arms may be attributed that respectable persuasion, by denying the to the humane temper of Cranmer, in a lawfulness of magistracy, the obedience to greater measure than to any other circum- human laws, and the legitimacy of separate stance. It is praise enough for young Ed- property. Their early history is buried in ward, that his gentleness, as well as his do- obscurity. The reformation gave them a cility, disposed him not to shed blood. The shock which roused them from lethargy. fact, however, that the blood of no Roman They were involved in the same sufferings Catholic was spilt on account of religion, with the Lutherans and Calvinists. Many in Edward's reign, is indisputable. The of them took refuge in England, where Protestant church of England did not strike a small number of the natives imbibed the first blow. If this proceeded from the some portion of their doctrines. In April, virtue of the counsellors of Edward, we 1549, commissions were issued to Cranmust allow it to outweigh their faults. If mer "to inquire into heretical pravity," it followed from their fortune, they ought being nearly the same words by which to have been envied by their antagonists. the power of the court of inquisition is deThis great commendation, however, must scribed. Champneys, a priest at Stratford be restricted to the war between the two on the Bow, being brought before the combodies which shared Europe. Other small missioners on some of the lighter of these and obscure communities, holding opinions charges, confessed and recanted them. Ashequally obnoxious to the great communions, ton, a priest, who maintained that "Christ were excluded from the truce. A distinc-was not God, but brought men to the knowtion was devised between the essential and ledge of the true God," escaped in the same unessential parts of Christianity, by means manner. Thumb, a butcher, and Putton, a of which all the supposed errors compre- tanner, went through the like process. hended under the first denomination might These feeble heresies seem indeed to have be treated with the severity of the ancient prevailed almost solely among the inferior laws against heresy. No statute or canon class. Joan Becher, commonly called Joan had established this distinction, yet it slow- of Kent, a zealous Protestant, who had prily grew out of opinion and usage. It was vately imported Lutheran books for the then a great advance towards religious lib- ladies of the court in Henry's reign, had erty; for it withdrew the greater number now adopted a doctrine, or a set of words, of Christians from the reach of the perse- which brought her to be tried before the cutor's sword. At a far later period, per- commissioners for heresy. As her assersecutors, when driven from their strong- tions are utterly unintelligible, the only holds, have sometimes fallen back on the mode of fully displaying the unspeakable same distinction as a tenable post; where, injustice of her sentence is to quote the if they could not maintain themselves per- very words in which she vainly struggled

to convey a meaning: "she denied that whose flesh being sinful he could take none Christ was truly incarnate of the Virgin,

See the account of the Mennonites and of the

Family of Love, in Mosheim.
§ Rymer, xv. 181.

of it, but the word, by the consent of the system of canon law was so interwoven inward man in the Virgin, took flesh of with papal authority, and so favorable to her." The execution was delayed for a year the most extravagant pretensions of the by the compassionate scruples of Edward, Roman see, as to become incapable of exewho refused to sign it. It must be owned cution in a Protestant country. An act with regret, that his conscientious hesita- had been accordingly passed in 1549,* protion was borne down by the authority and viding that "the king shall have full power importunity of Cranmer, though the rea- to nominate sixteen ecclesiastics, of whom sons of that prelate rather silenced than four to be bishops, and sixteen laymen, of satisfied the boy, who, as he set his hand to whom four to be lawyers, to order and comthe warrant, said, with tears in his eyes, to pile such laws ecclesiastical as shall be the archbishop, "If I do wrong, since it thought convenient." A work was accordwas in submission to your authority, you ingly composed for this purpose by Cranmust answer for it to God." It was not till mer, and translated into Latin with a happy the 2d of May, 1550, that this unfortunate imitation of the clear method and elegant woman was burnt to death. On the 24th brevity of the Roman jurists by Sir John of May, 1551, Von Panis, an eminent sur-Cheke and Dr. Haddon, two of the restorers geon in London, of Dutch extraction, hav- of classical literature in England. This ing refused to purchase life by recanting work was not prepared for the royal conhis heresy, which consisted in denying the firmation before the close of Edward's divine nature of Christ, was burnt to death. reign. The greater part being strictly Opinions subversive of human society theological, or relating to the order of prohaving been avowed by some of the accu-ceedings in courts, is beyond our present mulation of sects in Lower Germany, who province. The articles on marriage relate were called Anabaptists, a strong prejudice to questions of very difficult solution, and against that sect, whose distinguishing affect the civil rights of all men, as well tenet is perfectly consistent with social as the highest of all the moral interests of order, had a part in these lamentable exe- society. The book, not having received the eutions. The founders of the Anglican royal confirmation, is not indeed law, but it church were solicitous to clear their estab- is of great authority, and conveys the opinlishment from the odium of suffering such ions of our first reformers on problems, attacks to be made on the fundamental which the law of England has not yet doctrines of Christianity, and they con- solved. A very brief summary of the sidered all who were desirous to carry chapter on divorce may therefore be proper. change farther as impediments to the completion, and enemies to the safety, of the reformation.

By the tenth title, divorce was allowed for adultery, and the unoffending party was suffered to marry; but the sentence of a Of the forty-two articles of belief pro- court was declared to be necessary to the mulgated in this reign, the principal propo- dissolution. Desertion, long absence, mortal sitions omitted under Elizabeth were, a enmities, the lasting fiercenesst of a huscondemnation of those who asserted that band to his wife, were adjudged to be the resurrection was already past, or that lawful grounds of divorce. Separation from souls sleep from death to the last judgment, bed and board was abolished, being superas well as of those who maintain the final seded by the extension of divorce. It is salvation of all men, or the reign of the impossible to reconcile these enactments Messiah for a thousand years, which last with the avowed opinions of its authors, opinion the forty-first article styles "The without believing that they considered the fable of the millenaries, a Jewish dotage." answers of Christ in the gospel, on divorce The doctrine of the presence of Christ in for adultery as confined to the national the communion was expressed in terms legislation of the Jews, and not intended to more unfavorable to the church of Rome have legal force in other countries.‡ than those chosen by Elizabeth's divines. These dispositions of the proposed code In consequence of the changes intro- were probably occasioned by the case of duced by the reformation, it became neces- Parr, marquis of Northampton, who had sary to reform the ecclesiastical laws. The divorced his wife, Anne Boucher for adulcanon law, consisting of constitutions of tery, in the ecclesiastical court; which di popes, decrees of councils, and records of vorce, however, had no certain and imme. usages (many of which have been long diate effect beyond that of a legal separauniversally acknowledged to be frauds, was tion from bed and board. A commission was the received code of the courts termed appointed to inquire whether, by a divorce spiritual, in every country of Europe. The on this ground, he was not so divorced from appeals, allowed, by every country, to Rome preserved a consistency of decision † Sævitia. and unity of legislation. But the whole Reformatio Legum Ecclesiasticarum, 1571.

* 3 & 4 Edw. 6. c. 11.