Page 87 of 131

It may seem a little extraordinary, that, notwithstanding his cruelty, his extortion, his violence, his arbitrary administration, this prince not only acquired the regard of his subjects, but never was the object of their hatred: he seems even, in some degree, to have possessed to the last their love and affection.[*] His exterior qualities were advantageous, and fit to captivate the multitude: his magnificence and personal bravery rendered him illustrious in vulgar eyes; and it may be said with truth, that the English in that age were so thoroughly subdued, that, like Eastern slaves, they were inclined to admire those acts of violence and tyranny which were exercised over themselves, and at their own expense.

* Strype, vol. i. p. 389.

With regard to foreign states, Henry appears long to have supported an intercourse of friendship with Francis, more sincere and disinterested than usually takes place between neighboring princes. Their common jealousy of the emperor Charles, and some resemblance in their characters, (though the comparison sets the French monarch in a very superior and advantageous light,) served as the cement of their mutual amity. Francis is said to have been affected with the king’s death, and to have expressed much regret for the loss. His own health began to decline: he foretold that he should not long survive his friend;[*] and he died in about two months after him.

There were ten parliaments summoned by Henry VIII., and twenty-three sessions held. The whole time in which these parliaments sat during this long reign, exceeded not three years and a half. It amounted not to a twelvemonth during the first twenty years. The innovations in religion obliged the king afterwards to call these assemblies more frequently; but though these were the most important transactions that ever fell under the cognizance of parliament, their devoted submission to Henry’s will, added to their earnest desire of soon returning to their country seats, produced a quick despatch of the bills, and made the sessions of short duration. All the king’s caprices were indeed blindly complied with, and no regard was paid to the safety or liberty of the subject. Besides the violent prosecution of whatever he was pleased to term heresy, the laws of treason were multiplied beyond all former precedent. Even words to the disparagement of the king, queen, or royal issue, were subjected to that penalty; and so little care was taken in framing these rigorous statutes, that they contain obvious contradictions; insomuch that, had they been strictly executed, every man, without exception, must have fallen under the penalty of treason. By one statute,[**] for instance, it was declared treason to assert the validity of the king’s marriage, either with Catharine of Arragon or Anne Boleyn; by another,[***] it was treason to say any thing to the disparagement or slander of the princesses Mary and Elizabeth; and to call them spurious would, no doubt, have been construed to their slander. Nor would even a profound silence with regard to these delicate points be able to save a person from such penalties. For by the former statute, whoever refused to answer upon oath to any point contained in that act, was subjected to the pains of treason. The king, therefore, needed only propose to any one a question with regard to the legality of either of his first marriages: if the person were silent, he was a traitor by law: if he answered either in the negative or in the affirmative, he was no less a traitor. So monstrous were the inconsistencies which arose from the furious passions of the king and the slavish submission of his parliaments. It is hard to say whether these contradictions were owing to Henry’s precipitancy, or to a formed design of tyranny.

* Le Thou.

** 28 Henry VIII. c. 7.

*** 34, 35 Henry VIII. c. 1.

It may not be improper to recapitulate whatever is memorable in the statutes of this reign, whether with regard to government or commerce: nothing can better show the genius of the age than such a review of the laws.

The abolition of the ancient religion much contributed to the regular execution of justice. While the Catholic superstition subsisted, there was no possibility of punishing any crime in the clergy: the church would not permit the magistrate to try the offences of her members, and she could not herself inflict any civil penalties upon them. But Henry restrained these pernicious immunities: the privilege of clergy was abolished for the crimes of petty treason, murder, and felony, to all under the degree of a subdeacon.[*] But the former superstition not only protected crimes in the clergy; it exempted also the laity from punishment, by affording them shelter in the churches and sanctuaries. The parliament abridged these privileges. It was first declared, that no sanctuaries were allowed in cases of high treason;[**] next, in those of murder, felony, rapes, burglary, and petty treason:[***] and it limited them in other particulars.[****] The further progress of the reformation removed all distinction between the clergy and other subjects, and also abolished entirely the privileges of sanctuaries. These consequences were implied in the neglect of the canon law.

The only expedient employed to support the military spirit during this age, was the reviving and extending of some old laws enacted for the encouragement of archery, on which the defence of the kingdom was supposed much to depend. Every man was ordered to have a bow;[v] butts were ordered to be erected in every parish;[v*] and every bowyer was ordered, for each bow of yew which he made, to make two of elm or witch, for the service of the common people.[v**] The use of crossbows and handguns was also prohibited.[v***]

*    23 Henry VIII. c. 1.

**   26 Henry VIII. c. 13.

***  32 Henry VIII. c. 12.

**** 22 Henry VIII. c. 14.

v    3 Henry VIII. c. 3.

V*   3 Henry VIII. c. 3.

V**  3 Henry VIII c. 3.

V*** 3 Henry VIII. c. 13.

What rendered the English bowmen more formidable was, that they carried halberts with them, by which they were enabled, upon occasion, to engage in close fight with the enemy.[*] Frequent musters or arrays were also made of the people, even during time of peace; and all men of substance were obliged to have a complete suit of armor or harness, as it was called.[**] The martial spirit of the English, during that age, rendered this precaution, it was thought, sufficient for the defence of the nation; and as the king had then an absolute power of commanding the service of all his subjects, he could instantly, in case of danger, appoint new officers, and levy regiments, and collect an army as numerous as he pleased. When no faction or division prevailed among the people, there was no foreign power that ever thought of invading England. The city of London alone, could muster fifteen thousand men.[***] Discipline, however, was an advantage wanting to those troops; though the garrison of Calais was a nursery of officers, and Tournay first,[****] Boulogne afterwards, served to increase the number. Every one who served abroad was allowed to alienate his lands without paying any fees.[v] A general permission was granted to dispose of land by will.[v*] The parliament was so little jealous of its privileges, (which indeed were, at that time, scarcely worth preserving,) that there is an instance of one Strode, who, because he had introduced into the lower house some bill regarding tin, was severely treated by the stannery courts in Cornwall: heavy fines were imposed on him; and upon his refusal to pay, he was thrown into a dungeon, loaded with irons, and used in such a manner as brought his life in danger: yet all the notice which the parliament took of this enormity, even in such a paltry court, was to enact, that no man could afterwards be questioned for his conduct in parliament.[v**] This prohibition, however, must be supposed to extend only to the inferior courts: for as to the king, and privy council, and star chamber, they were scarcely bound by any law.