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"was yet made to reform the fame, which was "the Caufe that induced the King at this Time to "fummons his Parliament." Then Sir Thomas affigns the Reafon for his likening the King to a Shepherd or Herdfman; "For if a Prince be com"pared to his Riches, he is but a rich Man; if a "Prince be compared to his Honour, he is but an "honourable Man; but compare him to the Multi"tude of his People, and the Number of his Flock, "then he is a Ruler, a Governor, of Might and "Puiffance; fo that his People maketh him a Prince,
as of the Multitude of the Sheep cometh the Shep"herd: As you see that amongst a great Flock of "Sheep fome be rotten and faulty, which the gcod
Shepherd fendeth from the good Sheep; fo the 66 great Wether, which is of late fallen, as you all "know, fo craftily, fo fcabbily, and fo unrulily juggled
with the King, that all Men muft needs guefs "and think, that he thought in himfelf, that they "had no Wit to perceive his crafty Doings, or elfe
that he prefumed that the King would not see "or perceive his fraudulent Juggling and Attempts; "but he was deceived, for his Grace's Sight was fo "quick and penetrable, that he faw him, yea, and "faw through him both within and without; fo that "all Things were open, and according to his Defert " he hath had a gentle Correction, which fmall Punishment the King would not only have to be an Example to other Offenders, but clearly declareth, "that whofoever hereafter fhould make the like Attempt, or commit the like Offence, fhall not efcape
* That is, ftripped the Cardidinal of all that he had; and what was attempted, before the breaking up of the Parliament, fhews it was to have been a beavy Correction. It has been happy, for fome fince, that the
Proceedings of thofe Times have not been followed by their Pofterity; for, if that had been the Cafe, we leave our Readers to judge what would have been the Fate of fome great Minifters fince his Time.
fcape with like Punishment. And because you of "the Common House be a grofs Multitude, and cannot speak all at one Time: Therefore the King's "Pleasure is, you shall refort to the Nether House, " and there among yourselves, according to the old " and antient Custom, to chuse an able Person to be your common Mouth and Speaker; and, after your Election be made, to advertise his Grace "thereof, who will declare to you what Day he would "have him prefented in his Place."
Upon this the Commons repaired to their House, and chofe for their Speaker Thomas Audley, Efq; Attorney General of the Dutchy of Lancaster, and the fame Day the Parliament adjourned to Westminster. On the 6th of November the King came again to the House of Lords in the fame State as before, and there the Commons prefented their Speaker to him in Form.
Mr. Audley upon this Occafion fpoke to the King touching two Points: ft, "He praised his Majefty "for his Equity and Juftice, which was mixed with Mercy and Pity; fo that no Offence was forgotten 66 or left unpunished: Yet, in the Punishment, the Extremity and Rigour of the Law were not "cruelly extended; which fhould be the Cause to "bridle all Men from doing like Offences, and alfo 66 a Comfort to Offenders to confefs their Crimes "and Offences, which would be the Means of Amend"ment and Reconciliation.
The fecond Point was relating to "his Inability to execute fo high an Office that the Commons had "elected him into, and therefore prayed his Majefty "to order the Commons to refort to their House, and "chufe another Speaker;" which being denied, and the King declaring his Approbation of him, the Speaker thereupon made the ufual Requeft on Behalf of the Commons, which was granted, and they then returned to their House; and the first Matter they pro
ceeded on was to enquire into the difgraced Minifter's Administration; and in the Courfe of the Debate feveral fmart Reflections on him (as ufual in the like Cafes) were thrown out; all which Cromwell as fmartly anfwered, fo that the Commons did not then think proper to form any Articles of Impeachment; But (whilft they were bufy in paffing feveral Acts, the most material of which were *) the Lords exhibited no less than forty Articles against Wolfey, which were figned chiefly by the Court Creatures; therefore it seems feafible enough, that the kind Meffages, before fent him by the King, were only Sugar-plumbs to decoy him (as the Cardinal expreffed it) into Fools Paradife. The Substance of the Articles we have here given, with fome Remarks thereon,
* I. The King was discharged from the Payment of feveral Sums, lent him at different Times by his Subjects.
in any Houfe, fhould fuffer as Felons.
VI. That no fpiritual Person fhould take any Lands to farm upon Pain of forfeiting ten Pounds a Month; and that no Clergy
II. That the Executors of a Will, who take upon them the Burthen of it, should have Liber-man that hath any Benefice with ty to fell fuch Estates as the Teftator devised to be fold by his Will.
III. That for Probates of Wills, where a Man dies only worth 5 clear, there fhould be paid but Six-pence, if worth 404. three Shillings and Six-pence, and if more than 40, five Shillings.
IV. That Mortuaries fhould be paid only where they ufed to be paid, and according to the following Rate: If one dies worth 10 Marks clear, 35. 4 d. if a bove 30% clear, 6s, 8 d. if above 40%. clear, 10s. and this to be paid only by Houfe-keepers, but not to extend to Wales or Berwick upon Twede.
V. That Servants, embezzeling their Mafter or Miftrefs's Goods
Cure of Souls of the yearly Value of eight Pounds, or above, fhould take another, unless qualified, as being a Doctor, or Batchelor of of Divinity, or Chaplain to a Nobleman and this Act fets forth how many each Peer may have; an Archbishop eight; a Duke or Bishop fix; a Marquis and Earl five, a Viscount four, the High Chancellor, every Baron, Knight of the Garter, three; every Dutchefs, Marchioness, Countess and Baronefs, being Widows, and the Treasurer, and Comptroler of the Houfhold, the King's Secretary, Dean of the Chapel, Attorney and Master of the Rolls, two; the Chief Justice of the King's Bench, and War den of Cinque Ports, one.
The PREAMBLE to the Articles.
bited against the Cardinal
in the House of Lords.
Onftrained by Neceffity, out of our Fidelity and Confcience, we "complain and fue to your most Royal Majefty, we your Grace's humble, true, "faithful and obedient Subjects, That "the Lord Cardinal of York, lately your Grace's "Chancellor, prefuming to take upon him the Authority of the Pope's Legate de Latere, hath, by "divers, and many fundry Ways and Fashions, committed high and notable grievous Offences, mifufing, altering, and fubverting the Order of your "Grace's Laws, and otherwife, contrary to your high Honour, Prerogative, Crown, Eftate, and Dignity Royal, to the ineftimable great Hindrance, "Diminution and Decay of this your Grace's Realm, as it is touched fummarily and particularly in cer"tain Articles here following, which be but a few "in Comparison of all his Enormities, Exceffes, and "Tranfgreffions against your Grace's Laws.'
I. Afferts the Kings of England have been fo free for the Space of 200 Years, that they have had in all the World no other Sovereign, but immediately subject to Almighty God, whereby your Grace may prefcribe against the Pope's Holiness, that he should not, nor ought not, to fend or make any Legate, to execute any Authority Legatine, contrary to your Grace's Prerogative, within this your Realm: Now the Lord Cardinal of York being your Subject, and natural Liege born, hath of his high Mind, for his own Advancement and Profit, in Derogation and Hurt of your faid Royal Jurifdiction and Prerogative, and the long Continuance of the Poffeffion of the fame, obtained Authority Legatine, by reason whereof he has not only hurt your faid Prefcription, but hath spoiled and taken away, from many Houfes of Religion within
this your Realm, much Substance of their Goods; and alfo hath ufurped upon all your Ordinaries within this your Realm much Part of their Jurifdiction, to the great Hurt, &c.
In Anfwer to this his Advocates argued, That they could not conceive how his Legatine Power could be conftrued in Contempt or Prejudice of the King, or that it was against any Statute of Provifoes heretofore made. But this last Affertion feems only a colourable Plea; for the Cardinal, who had fo long prefided in the Court of Chancery, and as Legate at the Head of the Church, could not be ignorant of a Law fo well known, and which principally concerned Ecclefiafticks: Therefore we apprehend, as the Cardinal did nothing but what the King previously approved of, and confented to, he might reasonably prefume his Mafter would not take the Advantage of any Forfeiture incurred by him; but would rather make ufe of his Prerogative to protect a Minifter from the Penalties of the Law, who acted in Virtue of his own Commiffion: And the Cardinal must have entertained Thoughts very injurious to the Honour of the King, if he had even but fufpected, that he could be capable of forfaking or giving up a Servant, who had done no Crime, as to this Particular, but what he was priviledged from the Throne to commit; though many Inftances may be given to fhew, that Minifters have been punished for executing even certain pofitive Orders, wherewith they were charged by their Princes; and it is fomewhat reasonable there fhould be Examples of publick Justice of this Kind, efpecially where a Commiffion derogatory to the Honour of the Crown, or prejudicial to the publick Peace, Safety, and Intereft, has been fraudulently obtained.
But, whatever Minifters of State have at any Time fuffered, for acting in Conceffion, to their Princes, or in Pursuance to their Inftructions, there are few In