t|*;i?S|liJfip|St: * Siitvi'S 'J- - - -/•¦?¦> ¦'^*'- (l-SiK— ¦¦¦'¦ K;S:.;T.. ¦¦- KI.: . J ...... ;ji,.i;[5i.^ .:;:.-"„ ¦..-- . ..." J. -¦,_ I. . X I j,J I* Vl, - £._' «¦: ¦• ¦;: .V.Hi.V^.. ¦.-¦-¦ i «,;'r}'i»-'''W-'- ¦¦¦»¦¦ ¦ I-I . '¦ • '..¦,.¦.¦ ¦E-.ir.'i.; 1 ¦!¦¦»¦'•"¦. : .r -'" " - M 1 - .- ¦; - Bought with the income of the Wilham C. Egleston Fund 195. zj BISHOP BARLOW & ANGLICAN ORDERS By the same Author THE EARLY CHURCH IN THE LIGHT OF THE MONUMENTS. A Study in Christian Archaeology. With Illustrations. CWeatminsier Library) LONGMANS, GREEN, AND CO. LONDON New York Bombay Calcutta and Madras BISHOP BARLOW AND ANGLICAN ORDERS A STUDY OF THE ORIGINAL DOCUMENTS ARTHUR STAPYLTON BARNES M.A. UNIVERSITY COLLEGE. OXFORD, AND TRINITY COLLEGE. CAMBRIDGE ; DOMESTIC PRELATE TO H.H. BENEDICT XV. A man is not made Bishop by consecration, but is pronounced so at Rome in Consistory; and he has no jurisdiction given him by consecration, but only the rights of his Order, namely, consecrating of children, et caetera. ARCHBISHOP WARHAM LONGMANS, GREEN, AND CO. 39 PATERNOSTER ROW, LONDON, E.C. 4 55 FIFTH AVENUE, NEW YORK BOMBAY, CALCUTTA, AND MADRAS 1922 Ail rights reserved NIHIL OBSTAT J. Canonicus Moves, S.T.D. Censor Deputatus IMPRIMATUR Edm. Can. Surmont Fie. Gen. IVestmonasierii die 27 Februarii, 1922 TO HIS EMINENCE FRANCIS AIDAN CARDINAL GASQUET Eminence,-^ Had this book, which you have graciously allowed me to dedicate to you, been published five and twenty years ago, by which time many of the preliminary studies for it had already been made, it would have been regarded as a controversial production. For at that time the question of the validity of Anglican Orders was still the subject of active discussion and was in process of examination by the Commission appointed by Leo XIII, of which your Eminence was so distinguished a member. Now that the question has been decided by authority at Rome, the book has no longer the same controversial value. The story of Bishop Barlow is, however, in itself so curious, and throws so much light on the inner workings of that historical period, that I hope its publication may be thought to be justified as a study purely historical, even if without practical influence in the controversies of to-day. From the first the Cathohc objections to Anglican Orders took two main forms, the one historical and the other theological. It was argued, that is, either that the historical chain had been broken and vi DEDICATORY PREFACE Apostolical Succession thereby lost ; or else, that even if the material succession had been retained, the form of service employed had been insufficient to hand on the grace of Holy Order, so that the same result had followed. The Commission might, it would appear, have based its finding on either of these arguments or on both combined. But the Bull Apostolicae Curae, the result of their deliberations and of the advice which they gave to the Pope, did in fact base its decision solely upon the second or theological argument — an argu ment which was never put more clearly or succinctly than by Sancta Clara, the Franciscan writer in the time of Charles I, who first tried to prove that there was no essential opposition between the Thirty-nine Articles and the Council of Trent. ' All ordinations,' he wrote, ' which are celebrated in a form different from the Church, with an intention sufficiently ex pressed of opposition to her sense, are invalid.' ^ The historical argument, this other being alone amply sufficient for the purpose required, was not needed, and therefore no appeal was made to it in the Bull. It remained, of course, exactly as cogent and decisive as before. To omit to use an argument, when others are available which are sufficient without its use, is not to throw any doubt upon its efficacy and power. This, however, Anglican controversialists have never been able to see. Because Leo XIII did not care to use the argument from history, having all that he needed ready to hand in the argument from theology, they have spoken as if he had pronounced 1 An Encheiridion of Faith, by Francis Coventry (2nd edit., Douai, 1655). ' Francis Coventry ' was one of his pen names. DEDICATORY PREFACE vii the historical argument unsound and devoid of utility, which is very far from being true. Most of what is here set forth will be sufficiently familiar to your Eminence. But I flatter myself, even so, that you will find something new in the linking up of various facts and controversies and the demonstration that all alike, disconnected as they seemed, are really all portions of one continuous story, involving more bad faith and more discreditable actions than has hitherto been supposed. That Henry himself was the moving power in the matter has not, I think, been previously suggested, but it seems clear enough when the full force of the ' Signed Bill ' of April 1535 is considered. That the singular absence of documentary evidence was due to deliberate action on the part of the authorities is also, I think, a new point, and seems to follow inevitably from the muti lated Patent Roll of 1536. The anachronism con tained in Parker's Register, in the account of his consecration, seems to destroy all possibility of that document being of the same date as the ceremony whose details it records. These perhaps are the most important of the new points I have been able to bring forward. I think, too, that one reason why so many writers have failed altogether to understand Barlow's case is that most of them have forgotten to take into full consideration the obvious truth contained in the quotation from Archbishop Warham which I have placed on the title-page. ' A man is not made bishop by consecration, but is pronounced so at Rome in consistory ; and he has no jurisdiction given him by consecration, but only the rights of his Order, namely, viii DEDICATORY PREFACE consecrating of children, et caetera.' Warham was not making a far-fetched ultramontane claim, as Canon Dixon rather absurdly interprets, but only stating the fact, true among Anglicans as well as among Catholics, that the complete appointment makes a bishop as far as jurisdiction is concerned, and that consecration only adds the power of Order. It follows that Barlow could be a bishop as regards all power of ruling his diocese and so on, whether he were consecrated or no. And there is no proof that in Henry's time he ever went beyond this strictly legal position and used the power of Order to which he was not entitled. I hope that your Eminence will deign to read what I have written, and that you will accord a merciful judgment to its many defects. I have the honour to be. Your devoted Servant in Jesus Christ, Arthur S. Barnes. SUMMARY OF CONTENTS CHAPTER I the life of bishop barlow PAGE WiUiam Barlow, through his consecration of Archbishop Parker, is the only link that binds the present Anglican succession of bishops to their Catholic predecessors. Yet the gravest doubt rests upon his own consecration. If that fails, the whole Anglican succession fails with it i He was born in Essex, and early joined the Augustinian Canons. He became prior of Bromehill, and when in 1528 this house was suppressed by Wolsey, Barlow was very angry and published various heretical and Lutheran books, which were condemned by the bishops. He at once retracted in a letter to the King. Taken into favour, he went with Stokesley to France, and now wrote a book against the Lutherans as heretics ..... 2 His efforts to help on the divorce won the favour of Anne Boleyn. Through her he was appointed prior of Haverfordwest. He quarrelled there with the Black Friars who presented him for heresy. Hence he was moved to Bisham, and sent on a mission to Scotland. As he gave satisfaction in this, it was determined to make him a bishop, and he was appointed to St. Asaph ...... 6 The Bishop of St. David's dying, he was transferred, stiU un consecrated, to that diocese. Again the election is con firmed, April 21, 1536, but there was no order for any consecration ........ 9 StiU, a Grant of Custody of the Temporalities was issued, and he finished up the Scottish Embassy and took his seat in the House of Lords ....... 10 x SUMMARY OF CONTENTS PAGE He was still unhappy and quarrelsome at St. David's, but re mained there tUl Henry's death, when he was appointed by Edward VI to Bath and Wells, after great alienations of diocesan property. There he stiU quarreUed, this time with the Dean . . . . . . . .12 At the accession of Queen Mary he was deprived ' for that he had a vyyf, and for oder matters,' and escaped to the Continent ......... 17 On Elizabeth's accession he returned, and was made Bishop of Chichester. He consecrated Parker, December 17, 1559. He lived at Chichester tiU he died, 1568, and left two sons and five daughters, aU of whom married bishops 1 8 Was he himself ever consecrated Bishop ? BramhaU and others say, Yes, for ' Henry VIII was not a baby to be jested withal '........ 19 But what if Henry was the cause of his not being consecrated ? What if a whole series of documents, not one document only, are missing ? What if there is positive evidence to prove the fact that consecration was not intended } What if the supposition that he was not consecrated solves a whole series of historical puzzles ? .... 20 CHAPTER II the views of henry viii on the necessity of consecration The general impression is that Henry was always a consistent and even a bigoted Catholic. But from 1533 to 1540 he would have been a bold man who would have prophesied in which camp the King would end. See, for instance, his instructions to Bishop Foxe in 1535 . . . .23 The years 1535-1536 were the critical period. It was poli ticaUy his interest to join the Schmalcaldic League. But he shrank from joining Luther outright. On one point, however, he was with Luther, viz., that the difference between priest and bishop was one of jurisdiction only. Such a doctrine increased the royal power ... 24 SUMMARY OF CONTENTS xi PAGE In the year 1 540 he put out a question on this point to a Com mission of divines. Gardiner's influence prevented the answer he wished. After Gardiner was removed he got it from Cranmer and Barlow . . . . . -27 Was such a doctrine ever put in force, and a bishop left un consecrated } If it was, it can only have been in Barlow's case. It is unique ....... 32 There are generaUy many documents from which a consecration can be proved. They are the Significavit, the Register at Lambeth ; the Archbishop's certificate ; the Bishop's own Register ; the Restitution of Temporalities ; the Mandate for Enthronement, and so forth . . . . -32 On the other hand, matters are sometimes aUeged as proofs which are not so. Such are the sitting as bishop in the House of Lords, or in Convocation, the granting of leases, and so forth 36 Altogether there should be some fifteen documents extant, any one of which would be a sufficient proof of consecration. AU fifteen are absent. We have aU the documents up to the crucial moment and nothing afterwards. Such a state o£ a,Sa.iis is fuite unparalleled . . . . -41 CHAPTER III THE ROYAL SUPREMACY IN ACTION The Royal Supremacy has of late years been used with such moderation that people have forgotten what it originaUy meant, and if pressed might mean even now ... 43 CromweU originated it to enslave the Church. No mere national Church can withstand encroachment from the civil power. Only union vyith Rome makes resistance possible. So Henry broke with the Holy See on the ground that England is an Empire, and he was only restor ing ancient rights 43 He had the clergy safe in praemunire, and could extort obedience by misusing the law. Hence he could aUow saving clauses which meant reaUy nothing at aU. His first act was to appoint CromweU Vicar-General, to rank as his represen tative above all bishops 47 xii SUMMARY OF CONTENTS PAGE He assumed precisely the powers which Western Christendom reserved to the Pope. He would be supreme (i) in aU causes ; (ii) in aU councils ; (iii) in aU appointments . 49 He further insisted that every act of a bishop should be done only by his authority. Each bishop had to acknowledge this, and then take out a licence ..... 50 Edward VI carried on all his father had done, and further destroyed the last vestige of election. Bishoprics became absolutely royal donatives . . . . . -53 Both under Henry and Edward, and ever since, new Sees are set up solely by royal authority . . . . . 54 To understand these questions it is necessary to understand the distinction between the two powers of Order and Jurisdiction. Catholics say both are from Christ alone. Erastians said both are from the people. Henry took a middle course, and said Order from Christ, Jurisdiction from the King. He claimed the entire papal authority in its fullness . . . . . . . -55 ch;apter IV BISHOP barlow's own DOCUMENTS In Chap. ii. we saw that aU the documents by which Barlow's consecration could be proved are lost. Is there any positive evidence available in the documents which do exist to show that consecration was not intended and did not take place ?......... 57 The documents required by the Act 25 Henry VIII c. 16, are: r. The Conge d'elire; 2. The Royal Assent; 3. The Significavit — aU issued under the Great Seal. The authority under which they were issued was usuaUy ' Privy Seal.' But the King might, and may, act per sonaUy by ' Signed Bill '...... 59 The documents for St. Asaph are in the usual form, and need not detain us. They prove only that consecration was not contemplated at once ...... 62 The documents for his successor at St. Asaph show that he was never consecrated for that See .... 63 SUMMARY OF CONTENTS xiii PAGE The documents for St. David's are in the form of an ordinary translation, as if he had been consecrated. And this is by the King's own order. It is by ' Signed BiU.' Why was this done ? 64 Moreover they say that he holds Bisham ' in commendam,' which again presupposes consecration . . . - 65 Again no consecration is contemplated. Cranmer's certificate proves this 67 Next we have the Grant of Custody. This document is very remarkable. It could not be issued to a Bishop already consecrated, and would be voided by his consecration. Yet the grant is for Ufe. Various peculiarities of this grant. Barlow's description. Cranmer's description. The authority quoted for its issue ..... 68 Barlow now assumes fuU style of a bishop. He signs ' WiU™. Menevensis.' No possible date for his consecration can be assigned. It cannot have taken place on June 11, as Bishop Stubbs suggested . . . . . -75 Barlow's position through these documents. He had aU jurisdiction and possession of temporalities for life. He passed as fuU bishop. But he had no powers of episcopal Order. He could not confirm or ordain. Did he do so ? We cannot teU ..... 78 Did the Chapter of St. David's know how matters really stood ? If not, why was the matter kept secret } Apparently it was a ballon d'essai. CromweU and the King were seeing how far they could go under existing laws. Circum stances changed and the experiment was not repeated. But Barlow remained unconsecrated . . . .81 CHAPTER V THE CONSECRATION OF ARCHBISHOP PARKER AND THE ATTACK ON BISHOP BONNER The first year of Queen Elizabeth. Mary's work was undone, and the Act of Henry VIII making the breach with Rome was re-enacted. Many Sees were vacant at first. GraduaUy, as the bishops stood firm, almost all the others were emptied by deprivation 85 xiv SUMMARY OF CONTENTS PAGE Matthew Parker had been chosen early for Canterbury. He was eventuaUy elected on August i. Five Bishops had been retained in their sees to consecrate him. A Commission was issued to them and to two returned Bishops, Barlow and Scory. They did not act . . 87 By this time there was real difficulty. Possibly some steps have not been recorded. There were no four ' bishops in the realm ' available, and the Ordinal had not been authorised, as a Catholic consecration was hoped for 88 So a new Commission was issued to Kitchin of Llandaff, Barlow, Scory, Coverdale, Hodgkins, and SaUsbury, or any four of them. Kitchin did not act, so Barlow became head. Was his condition known or forgotten ? . . 90 A special clause of dispensation was added to cover aU defects, wide enough to be held, in that age, to cover even lack of consecration ........ 90 The consecration was on December 17, 1559, at five or six in the morning. The record is a very strange document. AU the detaUs were kept secret, especiaUy the name of the consecrator, for many years. Once consecrated him self, Parker soon fiUed up aU the vacant sees ... 93 Fresh trouble came in 1564, through an attempt to destroy Bonner by administering to him the Oath of Supremacy for the second time, when refusal was high treason. Bonner refused on the ground that Home was ' no bishop at aU, but only plain Dr. Home ' . . . . -95 The case was argued in private for years. The judges held Bonner would win if he could prove this. Several papers still extant throw light on what was going on . . -99 But Barlow was alive, and it was soon discovered how matters stood. They first attempted to get the Catholic Arch bishop of Armagh to consecrate. But he too refused. So it was necessary to go to Parliament and pass a Valid ating Act, containing also a means for stopping Bonner's case from coming into court, lest the truth about Barlow should come out. So the secret remained a secret stiU. Two curious documents remain in Parker's Register . . . . . . . . .103 SUMMARY OF CONTENTS xv CHAPTER VI ARCHBISHOP Parker's register PAGE What was to be done ? If Parker did not care, EUzabeth did. If Barlow were no bishop, could not the succession have been kept up through the assistant consecrators ? . . 1 1 1 Anghcans hold, wrongly, that aU such assistants necessarily consecrate. ApostoUcal succession, they say, is ' like a net, not a chain.' This is not true, because in the Church of England only the consecrator says any words. It is not possible to consecrate a bishop in silence . . • 1 1 3 The general teaching of the Church is clear. One bishop alone ordinarily consecrates. The assistant bishops are there as representing the Church. They co-operate, but do not act independently, and cannot supply defects in the principal consecrator. For even according to the present Pontifical they say nothing beyond Accipe Spiritum Sanctum, and those three words by themselves do not make a valid ' form ' . . . . . .114 But if they did say the whole of the ' form,' and had the inten tion of consecrating independently, some theologians would aUow the vaUdity of the act . . . • ii7 Here then was the only loophole. If aU four bishops said the whole ' form ' at Parker's consecration, it would be possible to hold that the others had supplied Barlow's defect. Hence the whole weight of proof rests on the Register, which aUeges that they did this. Is it beyond suspicion of having been tampered with .' . . .118 The Register has been bound since it was written. It is for the first 107 folios written ' by one hand and with one ink.' The form which records the consecration is very unusual, and does not read as if it could have been drawn up immediately after the ceremony. Has this account been foisted in at a late date, and the first 107 folios re written in consequence ? 1 20 But this evidence is merely circumstantial. There should be something more definite if so serious a charge is made. Is there, perhaps, any anachronism } Yes. BuUingham xvi SUMMARY OF CONTENTS PAGE is described in it as being Archdeacon of Lincoln in December 1559, which he was not. (He had been so under Edward VI, and was granted the incomings in commendam the foUovdng year.) Such a mistake would be easily made five or six years later. It would be im possible at the moment 127 Some further evidence for the fact of the four bishops aU saying the words is required. Parker's Register alone cannot suffice unless it can be rehabilitated . . . -13^ CHAPTER VII THE destruction OF THE DOCUMENTS Only the Government as yet knew the real facts. But every thing lay open to anyone who could consult the public Records. What course should they adopt ? The state of the Records supplies the answer . . . -133 Of the Diocesan Records for the years 1533-1555, aU are perfect except Barlow's three dioceses, which are aU missing . . . . . . . . -134 Of the other Ecclesiastical Records which bear on the case aU are missing or mutilated where Barlow is concerned, yet they are in many different places and custodies . '135 The Patent RoUs do not, as they should, contain any reference to Barlow's Bishopric of St. David's. We ought to find the Conge d'eUre, the Royal Assent, and the Restitution of Temporahties, but none are there . . . .136 The Records of the Privy CouncU do not begin until 1540. In Elizabeth's they are missing precisely for all the dates when ecclesiastical affairs were prominent. Two other documents which might be important are also missing from their proper places . . . . . • 1 37 Some one seems to have removed with great thoroughness every record bearing on Barlow's case, both civil and ecclesiastical . . . . . . . .139 In the case of the Patent RoUs we can test whether there has been dehberate mutUation. The RoU for 1536 has been cut and some membranes removed. This may explain why other documents besides Barlow's are missing . .140 SUMMARY OF CONTENTS xvii PAGE We cannot throw the blame on Barlow's successor, or on Queen Mary, as Archbishop Wake tried to do. Mary had no interest in Barlow. It must have been done between 1 5 59 and, say, 1620 143 The documents, not enroUed, could easily have been stolen. Perhaps this is why Cranmer's Register is defective. They were then loose documents not yet bound up. Perhaps even now they survive somewhere . . . . .144 The period of the Bonner trial seems the most likely for the coUection of these damaging documents. But the mutila tion of the Roll seems to have been later, probably 161 3. Mason quotes his mutilated document of the Temporalities as being ' in the Rolls Chapel.' So it must have been on the Patent RoUs then. He saw how damning it was, took a mutUated and misleading copy, and then got the original destroyed, not knowing that it existed elsewhere . . . . . . . . .146 CHAPTER VIII THE FIFTY YEARs' SILENCE AU the detaUs of Parker's consecration, and especiaUy the name of the consecrator and the nature of the service used, had been kept secret from the first. This is shown by the fact that none of the Catholic controversialists knew any thing, though many of them had been in England and in official positions at the time 1 48 The sUence was unbroken for fifty years, and most rigidly kept, even under stinging questions and pointed statements. This is shown from the controversies between Jewel and Harding, Fulke and Stapleton, and in the writings of Sanders and Bristow . . . . . . • 1 5 1 At last, in 1 614, Archbishop Abbot breaks silence. He sends for Catholic priests in prison and shows them the Register. Only then was the fact of the consecration made known generaUy. The mystery and silence had generated wild stories like the ' Nag's Head Fable ' . . . - 155 xviii SUMMARY OF CONTENTS PAGE Mason in 1613 had already published the name of Barlow as Parker's consecrator. As he quoted documents only for election and confirmation, Champney at once chaUenged him to prove consecration. From that time onwards the Barlow question has been the chief question in the matter 1 57 Even whUe the silence held, the chief AngUcan writers always kept open the point of a succession without a bishop to initiate it 158 It remains only to ask whether any of the principal actors in the drama ever by their actions shed any light upon the matter ......... 160 Barlow was probably relieved when his secret was known. He was safe and could not be interfered vnth. He died soon after. Did Mrs. Barlow make use of the secret in marrying off her five daughters .? . . . . .160 Parker's Register contains a strange replica of his own consecra tion, for Bishop Curteys' in 1570. Does this show a bad conscience on his part f It is strange that he should not have realised that such an entry could only do him harm 162 Elizabeth would probably have much preferred to range herself with the Old Religion. She was forced to take up a Puritan attitude. But she frankly despised her bishops. When it came to the end she would have turned, but was ' tied vsdth a chain of iron about her neck.' So she ended miserably, driving away the Archbishop of Canterbury and other bishops, bidding them be packing, for she knew fuU well they were but hedge priests . . 165 BISHOP BARLOW AND ANGLICAN ORDERS CHAPTER I THE UFE OF BISHOP BARLOW William Barlow, of whom we are to treat in the present volume, is one whose fame has certainly been greater since his death than ever it was during his lifetime. He has had the singular fortune to attain immortality, not for any splendid action or intellectual greatness, but simply because it is possible that he once left undone something which he certainly ought to have done. By his consecration of Archbishop Parker he is the principal link, indeed the only link, which joins the succession of the Anglican episcopate of the present day to its Catholic predecessors. But the gravest doubt has for three centuries past been thrown on his own consecration. If he was never consecrated bishop himself, then Parker's consecra tion fails also, and with it, since the whole Anglican episcopate ever since derives from Parker, there falls the episcopal succession of the Church of England ; except so far as the opinion can be allowed that, if the principal consecrator be himself no bishop, the action of the assistant bishops can sometimes supply what is wanting and efi^ect the consecration. Were it not 2 ANGLICAN ORDERS for this point Barlow would have no interest for any body, but might well be left to the general oblivion into which most of his contemporaries have long since fallen, for he does not deserve to be remembered either for his character or his deeds. But the con troversy which has connected itself with his name makes some knowledge of the man desirable, as a first step to its solution. He seems to have been born in Essex, and his real name was Finch. But, like many other ecclesiastics of his day, he preferred to be known rather by the name of his birthplace, which was perhaps Bartlow hamlet, in the parish of Ashdon. When in exile, in Mary's reign, we find him in ' The Troubles of Frankfort,' i under the name of W. Bartue,' which may be a recollec tion of the * t ' which he ordinarily omitted in spelling his name. Of his early life we know nothing at all, though he is said to have been connected with both the universities. In any case he entered religion, and became a Canon Regular of St. Augustine, an Order which had several houses in various parts of England. His original monastery was St. Osyth, not far from his birthplace, and it is possible that he went from thence to the house of studies belonging to the Order at Oxford, perhaps at Rewley Abbey, and took his D.D. there. It has not, however, been possible to trace the fact, the curious absence of documentary evidence, which we shall find obtaining all through his life, thus beginning with his earliest years. We find the name cf William Barlow among the Augus tinian canons of the eastern district as prior of Black- 1 P. clxxxiv in the reprinted edition of 1846. THE LIFE OF BISHOP BARLOW 3 more, a small house in Essex, and as leaving this to become prior of Tiptree in 1509. The same name occurs later as prior of Lees. This can hardly be the future bishop, who is said to have been seventy years old at the time of the consecration of Archbishop Parker, and therefore cannot have been born till about 1490. Perhaps it was an uncle. But it probably is the Bishop himself whom we find as prior of Bromehill, Norfolk, in ij'23, and who in the following year obtained a dispensation to hold the rectory of Great Cressingham, also in Norfolk, in conjunction with his priory. The house at Bromehill, indeed, does not seem to have been a large one, and a year or two later, in 1528, it was one of those which Wolsey obtained leave to suppress in order that he might add its endow ments to the new Cardinal's College at Oxford. It is not very clear what happened to the prior of Bromehill when his house was suppressed. He seems to have been very angry and to have quarrelled vio lently with the Cardinal and with the Church. Forth with he began to write a series of heretical pamphlets, the names of which are quite sufficient to suggest their tendency. In 1529 several of these were prohibited by the bishops : ' The Treatyse of the Buryall of the Masse ' ; * A Dialogue betwene the Gentylman and the Husbandman ' ; ' The Clymbynge up of Fryers and Religious Persones ' ; ' A Description of Godes Worde compared to the Lyght ' ; ' A Convicyous Dialoge against Saynt Thomas of Canterberye.' This last was never published, but was a bitter attack upon Cardinal Wolsey for his action in suppressing monastic foundations for the benefit of his new college. 4 ANGLICAN ORDERS The result of the condemnation of his books by the bishops was to bring Barlow to his senses, and to show him that his chances of further preferment were being seriously jeopardised. He resolved at once, with characteristic versatility, to change sides again, and wrote a letter to the King, piteously imploring forgiveness for what he had done. The letter is among the Cotton MSS. at the British Museum (Cleop. E. iv), and has been endorsed in a later hand, 1533. That date, however, is excluded by internal evidence, and it must really have been written not later than the latter part of 1529. He acknowledges that he has been guilty of errors and heresies * against the doctrine of Christ and determination of Holy Church,' that he had denied the mass and purgatory and grievously erred against the blessed sacrament of the altar, and further had been guilty of ' slanderous infamy of the pope and the lord-cardinal and outrageous railing against the clergy.' He therefore humbly asks pardon from the King, whom he compliments as full of sound learning and endowed with singular judgment, and to him he makes full and complete submission in every point. The abject letter succeeded in its object. Henry cannot have thought the writer a good man or one worthy of respect, but he saw that one so pliable and ready to change his opinions at any moment at the bidding of those in power might be a useful instrument in what he was contemplating. Barlow was at once received into favour, and sent with George Boleyn and Stokesley (afterwards Bishop of London) on a mission to France on the matter of the divorce, starting in January 1529-30. He thus came under THE LIFE OF BISHOP BARLOW 5 Stokesley's influence, and now wrote a book against the Lutherans with whom he had so lately been asso ciating himself. It is entitled ' A Dialoge describing the Originali Ground of these Lutheran Faccions and many of their Abuses.' In it one William, apparently intended to represent himself, disputes with ' Nicholas ' about the new learning. Nicholas is a Protestant, and William has been inclined to the same views, but has seen the error of his opinions in consequence of a visit to Germany. There he had been an eyewitness of the * slanderous language and wicked behaviour ' of those who announced themselves to be ' only the true followers and observers of Christ's Gospel.' He had seen Luther himself, ' chief Captain of new heretics and bringer forth of old heresies,' and one ' Swynglyus ' who lived at ' Scirich ' in Switzerland, and also other Protestant leaders, and had come back disgusted alike with the men themselves and with their doctrines, and very determined to uphold the old religion against all such innovators. ' Was not the original ground and cause of M. Luther's heresy,' he asks, ' to do pleasure to his Prynce and to purchase favour among the people ? ' That, he thinks, is the real root of all the evil. For, * when princes and commonties are first bent upon affec tion against the church, or conceive any strange purpose contrary to Scripture, then immediately they find at hand such learned persons that can endeavour their braines in approving their lusts, making that which is unlawful, lawful ; which say that good is evil and evil is good, calling light darkness and darkness light.' The words sound as if they had been written a little later and were intended to describe Barlow's own prince, Henry VIII, and such councillors as Cromwell 6 ANGLICAN ORDERS and Cranmer, or even Barlow himself. The whole sentiment suggests Stokesley rather than Barlow, and the book may be due to his influence. If so, we can the more readily understand why it was that Stokesley, when he became Bishop of London, ordered all his clergy to read the book. As Barlow was by that time himself a bishop, but once more on the Protestant side and notoriously heretical, it may have seemed a good thing to Stokesley that these more orthodox sentiments should be given as wide a currency as possible under the shelter of his name and authority. The efforts put forth by Barlow to bring about the divorce attracted the notice and claimed the gratitude of the new Queen. She determined to reward so faithful a champion, and wishing to do so as cheaply as possible, decided to ask Cranmer to present him to the living of Sundridge, which just then fell vacant and was in the Archbishop's gift. Cranmer, either by a genuine blunder, or not wishing to do as the Queen desired, made out the papers, not for Sundridge, but for Tonbridge, a benefice in the gift of the Queen's father, but not vacant at all. Still the Queen was determined he should have some reward for what he had done, and shortly afterwards she advanced him to the Priory of St. Thomas the Martyr at Haverford west in Pembrokeshire, which was in her patronage. The priory was of considerable extent, with a church about 150 feet in length and 30 feet in breadth, only single-aisled, and in the shape of a cross. The house seems not to have been in a very flourishing condition, since there were only five other canons there to sign the deed by which in 1534 the new prior formally accepted the royal supremacy. THE LIFE OF BISHOP BARLOW 7 There was another religious house in Haverford, a small house belonging to the Dominicans, and these soon became Barlow's bitterest enemies. By this time realising that Lutheranism was in the ascendant once more, and that, if he wanted more favours from Anne Boleyn, the profession of Protestant opinions was the surest way to obtain them, he had begun preaching various heretical opinions, to the great scandal of all the neighbourhood. At the instigation of the Bishop of St. David's these Black Friars at last formally presented the prior of the Augustinian canons for heresy. Barlow writes to Cromwell, who by this time was Vicar-General and all-powerful with the King, to implore his protection. One of his servants, he says, has had his house ransacked by the Bishop's officers, and they have taken away from him the New Testament and other books, and induced the Mayor of Tenby to commit him to prison. In the same letter he complains bitterly of the state of the diocese and of the lives of the clergy among whom he finds himself. From the point of view of a keen Gospel reformer he can find nothing good to say of them, and he ends by asking leave to depart and to work in some more congenial neighbourhood in the future.^ Henry was at this moment at the height of his Protestantism. He was finding strong opposition everywhere, and especially from the Carthusians and Benedictines, to his pretensions to supremacy in ecclesiastical affairs, and any religious who were willing to assist him were just then sure of their reward. 1 Letters and Papers, Henry Fill, ix. 376. 8 ANGLICAN ORDERS Barlow got his desire, and before the end of 1^35 ^^'^ left Wales, having obtained the much richer and far more desirable Priory of Bisham in Berkshire, the ruins of which still remain on the banks ofthe Thames. It is now the seat of Sir Henry Vansittart Neale. Nor did his good fortune stop here. He was once more employed in diplomatic work, and in August 1535 he was advanced to the Privy Council and sent on a mission with Thomas Holcroft to Scotland, his duty being to persuade the King of Scotland to follow the example set him by his brother of England, and to break away from obedience to the Holy See. In this mission, so entirely to his own taste, he acquitted himself to the satisfaction of Henry and of Cromwell, and further promotion was accordingly determined on, so soon as a bishopric should fall vacant. The opportunity came in January 1535-6, when the see of St. Asaph was vacant through the death of Bishop Standysh. Barlow's name was submitted in the letters m.issive from the King, and he was accord ingly elected bishop by the Chapter, the date of the election being January 16. Cranmer confirmed the election on February 23, Barlow being represented by proxy as he was still away on the King's business in Scotland. The Significavit or command to consecrate was accordingly not at once issued and he remained bishop-elect ; the consecration being deferred sine die, at any rate until such time as he should return from his mission. But meanwhile another and more impor tant bishopric in Wales had fallen vacant. Barlow's old enemy at Haverfordwest, Bishop Rawlins of St. David's, was also dead, and it was immediately deter- THE LIFE OF BISHOP BARLOW 9 mined to promote Barlow to that see without going farther with the matter of St. Asaph. He was elected to St. David's on April 10, 1536, by the Precentor and Chapter (the dean's place at that cathedral being always held by the bishop, so that the precentor was the head of the Chapter whenever the see was vacant), and this election was again confirmed in due course by Cranmer on April 21, 1536. This time Barlow was present in person, having come down from Scotland apparently for the purpose of seeing after the business, and there would seem no reason why he should not have been consecrated two days later or the Sunday following. But apparently this was not intended for some reason, for again the Significavit was not issued. and Cranmer sends in his certificate of the confir mation to the King, as having done all that was required of him, and as if no further step was contemplated for the present. This time his embassy to Scotland had not been very successful, if we may believe Chapuys' report to the Emperor. ' The King,' he writes, ' having sent his ambassadors into Scotland to persuade the King of that country to separate from and refuse obedience to the Apostolic See, it happened that, the very day and moment when the English were delivering their embassy, a storm arose, and a most tremendous clap of thunder was heard, at which King James, horrified, rose from his seat, crossed himself, and exclaimed, " I scarcely know which of the two things has caused me most fear and horror, that thunder and lightning we have just heard or the proposition you have made me." After which, and in the very presence of the English ambassadors, he ordered unconditional IO ANGLICAN ORDERS obedience to the Church to be proclaimed throughout his dominions.' ^ As Barlow had not been consecrated, the resto ration of the temporalities of the see of St. David's could not be claimed of right from the King ; but a few days later, on April 26, a grant was made under the Great Seal, making him custodian of the tempor alities for life, an unusual and indeed unprecedented step, which looked as if his absence in Scotland, and consequent continuance as bishop-elect only, was going to be very prolonged. In virtue of this docu ment, which is a peculiar one from several points of view. Barlow took possession of his see at once, apparently on May i, sending a proxy down to Wales for the purpose, and himself returned to Scotland to finish up his mission. It did not, as events turned out, take more than a few days to finish up the business of the Scottish embassy, and he was soon back again in London, where he took his seat in the House of Lords on June 30. The first days of that Parliament were stirring times, when the King's marriage with Anne Boleyn was being debated and the Queen's life was at stake. As Barlow owed everything to Anne Boleyn, and every vote was of importance in the House of Lords at the moment, we may conclude that he had not arrived in London many days before he took his seat. The writ of summons was dated April 27. A week or two later he surrendered his priory at Bisham into the hands of the King. He had held it, according to some, though not all, of the documents, ^ State Papers, Spanish, 1536-8, p. 67. THE LIFE OF BISHOP BARLOW ii in commendam with his bishopric since April, and he is described as perpetual commendatory in the deed of surrender, but the grant allowing him to retain it in commendam is not to be traced, and does not seem ever to have been issued. As long as Parliament was sitting Barlow remained in London, giving the most faithful attendance to his duties. We can trace him day by day in the Journal of the House of Lords, and find that he was scarcely absent from a single sitting. In the autumn, after the House had risen, he went down to visit his diocese in Wales. It must have been a bitter task for the Canons of St. David's to be obliged to elect as their bishop one who had won for himself so evil a reputation in the diocese for heresy and innovation as had Barlow while Prior of Haverfordwest, and naturally enough they were not inclined to welcome him among them. The storms of Haverfordwest were repeated almost from the first day. Before the year was out the new Bishop had been delated to the Bishop of Coventry and Lich field, who was lord president of the King's Council in Wales, for heresy preached in the Cathedral Church of St. David's. The information was laid by Roger Lewis the precentor, acting as head of the Chapter. Barlow had said, so it was alleged, among other heresies, that ' if the King's Grace, being Supreme Head of the Church of England, did choose, denomi nate, and elect any lay man, being learned, to be a bishop, that he so chosen, without mention made of any orders, should be as good a bishop as he is, or the best in England.' ^ The phrase can obviously be 1 Letters and Papers, Henry Fill, xii. 93. Cf. also Strype, Mem., i. 184, Records, No. 77. 12 ANGLICAN ORDERS interpreted in more senses than one. Apparently the matter was quashed by Cromwell, to whom the Bishop of Lichfield reported it, for we hear no more about it. The new Bishop seems to have been no more happy at St. David's than he had formerly been at Haverford west. He was involved in another dispute with his Chapter, this time about the dean's place. They would not allow him to sit in the dean's stall in the cathedral, not would they allow him to act as head of the Chapter as other bishops had always done. John Barlow, the Bishop's brother, writes about it to Crom well, and says they have nothing against him, except that they say that no bishop claimed such things before, and they will not show their authority for what they do, but say it is lost. However, they are in deadly earnest about it, and ' threaten to spend to their shirts in the quarrel,' so there can be no doubt they were very deeply moved.^ Under the circumstances we cannot wonder that Barlow thought once more that he would be happier elsewhere than in this little remote cathedral village, where there was no getting away from his hostile Chapter, and where all were against the views he was engaged in putting forward. He writes again and again to Cromwell letters full of complaints of the place and of his clergy. St. David's, he says, is * a barbarous, desolate corner,' and the clergy are lacking in Christian civility and full of Welsh rudeness. He wishes to remove the see to Carmarthen, which would be more in the world, and can see no reason for staying at St. David's merely on account of the relics of the 1 Letters and Papers, Henry Fill, xiii. pt. 2,. p. 473 THE LIFE OF BISHOP BARLOW 13 Saint — ' a rotten skull stuffed with putrefied clouts ' — especially as he has his doubts ' whether any such person was ever bishop there as is surmised.' He did not get his way as to the removal of the see, but he could at least remove himself, and this he accord ingly did, wrecking the fine old palace at St. David's by selling the lead off its roof, so that never since has it been possible to inhabit it, and going to live in a new palace of his own, which is still the residence of the Bishops of St. David's, a mile or two outside the town of Carmarthen. This house had been granted to him at his own urgent request for the purpose of founding a school. However, he thought it so pleasant a place that he made it his own residence instead, and no more was heard of the need for a school. Here he resided pretty regularly till the end of Henry's reign, always involved in quarrels with his neighbours, and especially with the country gentry and the clergy. When Parliament was in session we find him in London, the most regular attendant of all in the House of Lords, and he was in London when Henry VIII died in 1546. The next year, February 1547-8, he preached before the new King, and once more gave offence to Bishop Gardiner and the more orthodox party by his doctrine. However, he knew what he was doing ; Protestantism was once more in the ascendant, and his sermon, so far from getting him into trouble, was the means of winning him fresh promotion from the Lord Protector Somerset, who was a thorough going Protestant. He was advanced in February 1548-9, by letters patent, the first of the bishops to be appointed under the new Act with its Erastian pro cedure, to be Bishop of Bath and Wells. 14 ANGLICAN ORDERS This diocese of Bath and Wells had for some time been the centre of the corrupt appointments of the period. The deanery of Wells, with its beautiful house and garden, had attracted the notice first of Crom.well and then of Somerset. Cromwell had obtained possession by getting Henry to appoint him, layman as he was, to be Dean of Wells, and after his attainder the deanery had for a short time been held by one Fitzwilliam, who was in possession in 1547, when Somerset in his turn coveted the house. Fitz william was induced to resign, by what means is not recorded, and the dean's house and the endowments of that office were promptly granted to the Duke of Somerset. Now the deanery was recreated as a royal donative, and the plunder of the Church began. The office of dean, now without revenue, was endowed with the estates of the Archdeaconry and one of the prebends, and with those of the precentor and suc centor of the church, and the Chancellor's house was assigned as the new deanery in place of that which had been granted away. John Goodman was ap pointed to this office on January 7, 1548, by letters patent, and the bishopric being also vacant by the death of Bishop Knight in September 1547, a new bishop who would not be too particular in the matter of alienating the property of his see, much of which Somerset still coveted, had to be found. No name suggested itself as more suitable than that of Bishop Barlow. He had ever shown himself ready to do anything his superiors desired, and was quite prepared, in order to get away from St. David's, to enter into any arrangements that the all-powerful Duke might think satisfactory. THE LIFE OF BISHOP BARLOW 15 On July 12, 1548, ' for great sums of money paid beforehand,' but of which there is no record, and which do not seem to have been received. Barlow assigned to the Duke of Somerset, by licence from the King, ' the manors of Banwell, Wells and Chew, Blackford, Cranmore, Evercreech, the borough of Wellington, the hundreds of Wells Forum, Winterstoke and Chew, and also the bishop's palaces at Wells, Banwell, and Evercreech. This transaction was confirmed by the Dean and Chapter on January 10, 1549. Then on February 4, 1549, he sold the manor of Wookey to the same Duke for ever, and that was confirmed on January 17, 1549, by the Dean and Chapter. It is possible that some of these estates were re-transferred to Bishop Barlow in his personal capacity and not as bishop of the diocese. Certainly the episcopal manor of Wookey, having been sold to the Duke, was transferred back again to Bishop Barlow and his heirs, with permis sion to sell it, and on December 10, 1550, the Duke gave him £ 400 and the dean's house for his residence.'^ One would have thought there could have been little more to grant away, but it was not so. The next year, March i, 1550, the manors of Congresbury and Yatton were sold to the King by Bishop Barlow, and on December 10, 1550, he handed over to the Duke of Somerset the estates of Wells, Westbury, the hundreds of Wells and Wells Forum and Westbury Park.^ Barlow had thoroughly justified the perspicacity of Somerset in choosing him for promotion, and his excessive and unhesitating compliance with every demand, however unreasonable, suggests that Somerset 1 Victoria Histories : Hist, of Somerset, ii. 37. 2 Ibid. ii. 37. 1 6 ANGLICAN ORDERS had some hold over him, and that we have here an instance of ducal, or rather of royal, blackmail. , Wherever he was. Barlow seemed always to be fated to quarrel with his brother clergy. At Wells it was the Dean, just as at St. David's it had been the Precentor. The Dean had obtained for himself the prebend of Wiveliscombe, apparently to make up for the losses sustained by the deanery, and this was regarded as vacating his office as dean, as clearly no one member of the Chapter could hold two stalls. That, however, was by no means what Dean Goodman desired, and he fought valiantly to retain his place. Barlow, on his side, was eager to see a new dean — one more of liis own way of thinking — ^in his place ; and rather rashly, and without stopping to think, he formally deprived him. Goodman, acting on the advice of his lawyers, attempted to involve the Bishop in a prae munire as having interfered with the royal prerogative in depriving one whose office was a royal donative. On appeal, the Bishop's action was allowed, and the deanery was declared vacant, but Barlow had to sue out a pardon from the King for what he had done. Goodman, however, was not to be beaten, although a new dean was appointed by the King in his stead. He brought an action in Chancery against his successor, and finally succeeded in getting back and becoming dean once more, when the death of Edward VI in 1553 placed Mary upon the throne. The accession of Queen Mary put an end to all Barlow's hopes. There was indeed little chance that the new Queen would have any mercy on one like himself, a married bishop who had once been a monk, but had broken his vows, and who besides was noto- THE LIFE OF BISHOP BARLOW 17 riously heretical in his opinions, as well as a despoiler of each of the two sees he had occupied. There was no question of his continuance in his bishopric. The question was rather whether or not he could save his life, and that at any rate he had no mind to lose upon a mere matter of doctrine. So he came up to London ready for any submission which might be required of him. He wrote a letter to the Queen condemning and revoking all that he had written against the Catholic religion, and thanking God for His mercy in calling him once more out of darkness into light. In spite of this, he was committed to the Tower, but was allowed to resign his bishopric upon recanting his errors and republishing his old tract against the Lutherans. This must have been in the early months of 1553-4 (for the book is dated 1553, and yet was published after his resignation), for he is described on the title-page as ' Sir William Barlowe chanon, late byshop of Bath.' In November 1554 he attempted to get out of England in the disguise of a merchant, but was arrested and brought before the Council in the Star Chamber, who committed him to the Fleet. Then he was once more brought up for examination, but gave answers so far Catholic in complexion that no further steps were taken, but he was remanded to the Fleet. From thence he escaped, and this time succeeded in crossing the Channel. He went to Germany, and for the remainder of Queen Mary's reign remained abroad at Embden, ministering in poor circumstances to an English congregation at that place. In spite of his resignation of his bishopric having been accepted, a sentence of deprivation seems to have 1 8 ANGLICAN ORDERS been pronounced against him at a later date. The matter is not very clear and is not of great importance, but in some of the documents connected with the appointment of his successor the see is spoken of as being vacant ' by the free resignation,' and in others as ' by the deprivation ' of its former occupant. Machyn, moreover, in his Diary speaks of him as having been deprived in Queen Mary's time ' for that he had a wyf and for other matters.' ^ With the death of Mary and the accession of Elizabeth things in England looked brighter for the champions of Protestantism, and when the news got to him in Germany, Barlow, old as he was, for he was now seventy years of age, at once determined to go to England. He was included in the commission for the consecration of Archbishop Parker in 1559 and eventually took the principal part, as the actual con secrator, in the ceremony at Lambeth, having been before that appointed by the Queen and elected by the Chapter to the bishopric of Chichester. There was no question of sending him back to either of his former sees, for neither Bath and Wells nor St. David's would have welcomed him after the way in which he had alienated the revenues and quarrelled with the clergy in each place. Chichester was not an important or a rich diocese in those days, and he could do little harm there. To add to the revenues of the see, which were not large, a canonry of Westminster was conferred upon him when the monastery there was once more suppressed, and this he held in commendam with his bishopric for the next five years. His death 1 Machyn's Diary, p. 199. Cf. Strype's Annals, vol. i. pt. ii, p. 198. THE LIFE OF BISHOP BARLOW 19 occurred at a very advanced age at Chichester on August 15, 1568, and he was buried in Chichester Cathedral. His wife, Agatha Welsbourne, daughter of Hum phrey Welsbourne and formerly a nun, survived him and died at the age of ninety in 1595. By her he had two sons, William, afterwards archdeacon of Salisbury and a man of some scientific attainments, and John, who apparently died young. He had also five daughters, all of whom were married to bishops, Anne to the Bishop of Hereford, Elizabeth to the Bishop of Winchester, Margaret to the Bishop of Lichfield, Frances to the Archbishop of York, and Antoine to another Bishop of Winchester. Even if his claim to be Father of the Anglican epis copate cannot be sustained, at least he was father-in- law to a large portion of the episcopate of the reign of Queen Elizabeth. Such, then, in life, was the man concerning whom the question has been debated for three hundred years whether or no he was ever consecrated himself to the episcopal office. The question was never raised publicly in his own lifetime, nor for many years after his death. It was the absence of the record of his consecration from the documents printed or referred toby Mason in his 'Vindiciae Ecclesiae Anghcanae' in 16 1 3 and 1625 that first gave the idea to Champney, a writer on the Catholic side, that no such record was in existence. Such is indeed the fact; the record of the consecration is missing in Cranmer's Register at Lambeth, though the confirmation to both St. Asaph and St. David's is duly recorded. But on the other 20 ANGLICAN ORDERS hand the improbability of the consecration ceremony having been omitted is so great that at first sight it hardly seems worth discussing. Bramhall has put the case as well as anyone, and it certainly sounds almost conclusive. His words are these : * What pretence can they feign why Bishop Barlow was not consecrated in Henry VIII's time ? Was Henry VIII a baby to be jested withal ? In Archbishop Parker's case they suppose all the bishops to have been stark mad, to cast themselves down headlong from a preci pice when they had a fair pair of stairs to descend by ; but in Bishop Barlow's case they suppose all the world to have been asleep ; except there had been such an universal sleep, it had been impossible for any man in those days to creep into a bishopric in England without consecration. To say he is actually possessed of a bishopric therefore he is consecrated, is as clear a demonstration in the English law as it is in nature to say, the sun shineth, therefore it is day.' ^ We may grant some of this at once. Henry VIII, in the first days of his drunkenness with the new powers of the royal supremacy, was emphatically not ' a baby to be jested withal.' Nor, it may be added, was either Cranmer or Barlow at all a likely person to attempt the perpetration of such a jest upon the supreme head. But how does the case stand if Henry was himself the instigator .? How if the action was itself only a fresh abuse of the royal supremacy ? If Henry had set his heart upon it and desired that it should be done, we may turn the question round and ask in our turn, was he ' a baby to be jested withal ' ? 1 Archbishop Bramhall's Works, Library of Anglo-Catholic Theology, iii. 140. THE LIFE OF BISHOP BARLOW 21 Or again, were either Cranmer or Barlow the men who were likely to stand out against his will for a ceremony they both thought needless and undesirable .'' The supposition that Henry was himself the originator of what was done, may still be improbable, but it is not impossible, and neither Bramhall himself nor any Anglican writer has ever faced the question or attempted to deal with it. The onus probandi, we quite admit, lies with those who deny the consecration, but their case will no longer seem ludicrous if it can be shown even that Henry was not certainly opposed to it. But the evidence against the consecration is itself so slight, says Archbishop Bramhall again. ' What is the absence of a single document in a register which was badly kept ^ ' But what if it be not only a single document which is missing, but a whole series of documents, and these not in one place only or in a single register, but in many places, and in the State records as well as those of the Church ? What if every document is available up to the point just before consecration, and every document after that point not only now missing but apparently never issued at all ? What if, in addition to this absolute want of confirmatory evidence, there should be positive evidence as well, showing that the Bishop was as a matter of fact in full possession of his see, using the full title and insignia of a bishop, and so forth, at a time when not only had consecration not taken place, but when it was not immediately contemplated.'' If that can be shown, and we hope in the course of this volume to prove it clearly, the matter will bear a very different complexion. It is never possible to prove a negative. 22 ANGLICAN ORDERS and Barlow may have been consecrated secretly and without documents at some later time, but there is not the smallest reason to think that it was so, and the onus probandi in that case, if anything has to be based upon the assertion, clearly lies with those who main tain, and not with those who deny that anything of the sort was ever carried through. If it can be shown that Barlow was still unconsecrated when he was passing as full bishop and already possessed of all the rights of his bishopric, and that there is no shadow of reason to think that he was ever consecrated later, that, by the nature of the case, is all that can possibly be known. For all practical purposes it is enough to prove that he was not consecrated at the proper time, before he took possession of his bishopric. If we succeed in proving that, the rest will be granted, in default of any evidence to the contrary, by every reasonable man. CHAPTER II THE VIEWS OF HENRY Vlll ON THE NECESSITY OF CONSECRATION The general impression on the minds of those who have not read the history of the Reformation period very carefully is that Henry VIII, except on the one point of the royal supremacy, was a consistent and even a bigoted Catholic. They remember his book on the Seven Sacraments against Martin Luther and the recognition it won from the Pope himself, and they remember the Six Articles — ' the whip with six strings ' — and the reactionary policy of his later years. But they are apt to forget that there was a period in between — the seven years, namely, from 1533 to 1540 — when his views were by no means so settled or so Catholic. During those years he would have been a bold man who would have ventured to prophesy in which camp the King would end. Again and again he seemed to be on the point of taking the final step, and joining the Lutheran princes of the north as the champion of Protestant Christianity on the basis of the Augsburg Confession.^ Throughout the period his religious 1 See, for instance, the instructions given to Bishop Foxe when he was sent as Ambassador to the German princes in September 1535. ' In case they shaU require that the King's Majesty shaU receive 24 ANGLICAN ORDERS opinions, so far as they were fixed and decided at all, leant much more in the Lutheran than in the Catholic direction. The breach with Rome, which was precipitated by the anxiety of the King to get rid of Catherine of Aragon in order that he might be free to marry Anne Boleyn in her stead, took place in the year 1533. Such a step was not likely to be carried through without arousing a good deal of heated feeling, and the next few years form a period of the greatest unsettlement and anxiety, dominated by the masterful, and indeed tyrannical, actions of Henry himself, inspired throughout as he was by his new minister Thomas Cromwell, the Machiavelli of English politics. No one could say where the innovations were going to stop. It all depended upon the personal will of the King himself and the guidance of his unscrupulous minister. The years 1535-1 5 36 were the really critical period. They begin with the assumption by Henry of the title of Supreme Head of the Church and the appointment of Cromwell to be his Vicar-General in spiritual matters. Soon a veritable reign of terror was introduced. The executions of More and Fisher on Tower Hill, and of the Carthusian priors at Tyburn, brought home to all that neither the whole confession of Germany [Augsburg], as it is imprinted, the Bishop shall say that when the King's Highness shaU have seen and perused the articles of the league, and shaU perceive that there is in it contained none other articles but such as may be agreeable with the Gospel, and such as His Highness ought and conveniently may maintain, it is not to be doubted, and also " I durst boldly affirm," the said Bishop shaU say, " that the King's Highness wiU enter the same " ' [league]. Record Ofice MS., quoted by Froude, History, ii. 404, edition 1856. HENRY VIII AND CONSECRATION 25 lofty position nor personal holiness would avail anybody at all if he dared to withstand the King's arbitrary will in any matter touching the supremacy. Not many men in any age are of the stuff of which martyrs are made, and, when once Henry had shown by these judicial murders to what lengths he was wining to go to get his own way, there were few found to withstand his pleasure. When the rising in the north, which we know as the Pilgrimage of Grace, had been suppressed by the Duke of Norfolk, and the country terrorised afresh by savage executions of all who had taken part in the insurrec tion, the King and Cromwell were practically absolute, none daring to stand up against them within the realm. Outside of England, however, Henry stood in a far less favourable position. Only the fact that the Emperor and the King of France were at war with one another saved him from an attack from either or from both combined. So soon as peace should be concluded the danger would be acute, for Pole was acting as the Ambassador of the Pope and trying to induce them to patch up their differ ences with each other, and to join together in pro hibiting commercial intercourse with England, and so reducing her to an early submission. Against this threatened action, however, there was an ob vious counter-move available, for which Cromwell was exceedingly anxious. The Protestant princes of Germany, who had just renewed the Schmalcaldic League, were eager that Henry should join them and place himself at their head, thus making a great Protestant confederation of the north to withstand 26 ANGLICAN ORDERS the efforts of the Pope and the Catholic princes of the south. The policy of the move was obvious, and yet Henry could not bring himself to make it. He was not prepared to go aU lengths with Luther and the German Reformers. He still retained his belief in the sacramental system of the Church and especially in Transubstantiation and the Mass. A league with the Protestant princes was therefore, as he told them, out of the question until an agree ment on doctrinal matters had been arrived at. Nor was such agreement easy in his own case, since he had already published a book against Luther of which he was inordinately proud, and he had no desire to humiliate himself before all Europe by eating his own words and confessing that Luther had been right and he wrong in the points at issue. It was one thing to repudiate the authority of the Pope within his own dominions and to make himself Supreme Head of the Church in England, it was quite another to break with the whole sacramental system of the Church and to confess himself a follower of a German friar who had broken his vows. Desirable as the alliance might be from a political point of view, pride blocked the way and kept him true to the remnants of Catholic faith which still survived in his mind. On one point, however, he does seem to have been tempted to adopt the Lutheran doctrine. Luther was teaching that there was no real distinc tion between priests and bishops in the matter of order, but only in that of jurisdiction. That was a view which had been maintained by a few Catholic theologians in the past, and it was particularly con- HENRY VIII AND CONSECRATION 27 venient for the German reformers, since the bishops had nowhere joined themselves to their cause. Catholic writers in this sense had derived the whole episcopal authority from the Pope, as the sole fountain of ecclesiastical jurisdiction, and had held that the power of ordination, ordinarily exercised only by the bishops, was really latent in the priesthood, and might conceivably be called forth into active exercise. Such views were never common in the Church, and since the Council of Trent they have become heretical, but they seem sometimes to have been maintained, and the Protestants adopted them with only one change — that since they derived all ecclesiastical jurisdiction either from the civil power or from the call of the congregation, they held that the whole source of the episcopal power resided in the lawful appointment, and attached no importance at all to the ceremony of consecration. To this latter doctrine Henry, under Cromwell's influence, seems to have leant. It is obvious enough that it tends largely to increase the power of the king as supreme head, and it would not at the time have seemed heretical quite in the same sense as would have been the denial of the priesthood or the derivation of priestly power from lay sources. It could be represented as a question of jurisdiction, in which order was not necessarily involved, and jurisdiction had already in England been taken away from the Pope and assigned to the royal power. In the year 1540, with the view of compiling some statement of doctrine for England to follow, Henry put out some questions on the sacraments, to 2 8 ANGLICAN ORDERS be answered by a commission of bishops and learned men. Among these questions was one — the twelfth — which ran as follows : ' Whether in the New Testament be required any consecration of a bishop or priest, or only appointing to the Office is sufficient ? ' To this apparently he expected an answer to the effect that appointment alone was needed ; at least from such prelates as Cranmer and Barlow ; but he was somewhat disappointed when he got the answers. At first they do not seem to have answered as individuals, but to have sent answers agreed upon by groups. From one such group, which seems to have had the adhesion of Cranmer, the answer given was that ' Making of Bishops hath two parts. Appointment and Ordering. Appointment, which the Apostles by necessity made by common election, and sometime by their own several judgment, could not then be done by Christian princes, because at that time they were not ; and now at this time appertaineth to Christian princes and rulers. But in the Ordering, wherein grace is conferred, the Apostles did follow the rule taught by the Holy Ghost, Per manuum impositionem cum oratione et jejunio.' They further went on to say that ' Only appointment is not sufficient, but Con secration, that is to say Imposition of hands with fast ing and prayer, is also required. For so Apostles used to order them that were appointed, and so have been used continually and we have not read the contrary.' i / 1 Strype's Cranmer, App. xxvii and xxviii, quoting Cottonian MSS. Cleopatra E. 5, foi. 38. The whole history is a Utde obscure, and has been made more so by the marginal references added to the MS. HENRY VIII AND CONSECRATION 29 These answers were not at all to Henry's taste at the moment, and he has left the proof of his annoy ance by three notes in his own handwriting which he has placed against them. To the assertion that ' making of Bishops hath two parts — Appointment and Ordering,' he asks, 'Where is this distinction found ? ' To the main contention he rejoins, ' Now, since you confess that the Apostles did occupate the one part, which now you confess belongeth to princes, how can you prove that Ordering is only committed to you Bishops .'' ' And to the quotation in Latin about the method of Ordination, he appends the note, ' Ubi hoc ? ' Nor did the King stop short at simply making notes. He learnt from Cranmer or from some other source that the reason why the answers had not been more to his liking was that the influence of Stephen Gardiner, Bishop of Winchester — than whom, as Lingard says, no prelate was ' more feared by those of the New Learning,^ or more respected by those of the Old ' — had been very strong on the Commission. He determined therefore to dismiss Gardiner,^ re placing him on the Commission by the Bishop of Carlisle, and then sent back the questions for further consideration. When Gardiner was once removed, and the King's own views were thus clearly indicated, the answers of the prelates were far more inclined to innovation. A summary of them, drawn from ^ It is scarcely necessary, perhaps, to point out that the ' New Learning,' in the language of the sixteenth century, simply means • the novel teaching ' or Lutheranism and Protestantism generally. It has nothing to do with Humanism. 2 Cf. Strype's Cranmer, I. no. 30 ANGLICAN ORDERS the MSS. in the Lambeth Library,^ is printed in Burnet's ' History of the Reformation.' Cranmer's view is now that ' In the New Testament, he that is appointed to be a bishop or a priest, needeth no consecration by the scripture, for election or appoint ing thereto is sufficient.' Barlow agrees ' Only the appointing.' In their answers to a former ques tion these two prelates are even more thoroughly Erastian. Cranmer draws a parallel between civil ministers and ecclesiastical, and says that just as ' the civil ministers ... be those whom it shall please his highness for the time to place under him,' so also ' the ministers of God's word, under his majesty, be the bishops, parsons, vicars and such other priests as be appointed by his highness to that ministration, as, for example, the Bishop of Canterbury, the Bishop of Durham, etc' Barlow said, * because the Apostles lacked a Christian prince, by that necessity they ordained other Bishops,' not appar ently through any authority given them by God. Cranmer, however, was evidently by no means sure what the King really wanted, and he ends his paper of answers with the following abject words. ' This is my opinion and sentence at this present, which I do not temerariously define, but do remit the judgment thereof wholly unto your majesty.' He had good reason. Already, perhaps, as he penned the words, the fall of Cromwell had come, and with it his swift beheading on Tower Hill. The time of reaction had arrived. The King was in love with Katherine Howard, and Cromwell's offence 1 StiUingfleet MSS., D. 1108, foi. 69. HENRY VIII AND CONSECRATION 31 had been that he had arranged the marriage with Anne of Cleves, which now kept Henry from satisfying his desires. With Cromwell's influence gone, the King passed more and more into the hands of the Catholic party, and Cranmer's own head would very likely have fallen also within a few months had not the discovery of Katherine's infidelity diverted the King's thoughts and given Cranmer a further period of influence, though not of such influence as he had before enjoyed. This long introduction has been necessary to show that there was a time when Henry VIII was actually considering the possibility of imposing on England that doctrine of the ministry and especially of the episcopate which was already widely accepted among the Lutherans of the Continent. The induce ment to adopt this doctrine was a double one. It would manifestly greatly increase the power of the royal supremacy if all the bishops should confessedly owe all their authority to the royal appointment and not to any spiritual succession conveyed through consecration. At the same time such a doctrine would be of advantage in bringing England into line with the princes of Northern Europe and the Schmalcaldic League. Christian III was actually at this moment imposing it on Denmark and Norway.^ Cromwell, we may assume, would be active in pressing it, for it agreed precisely with his views and policy. Cranmer at this period was 1 For this matter of the Danish 'Bishops' since 1536 see in The Church Quarterly Review, vol. xxxii, an article by Canon A. J. Mason, on ' The Loss of the Succession in Denmark.' 32 ANGLICAN ORDERS more anxious to agree with the King than to put forward any views of his own, but his personal in clinations would certainly have favoured the Lutheran doctrine. Moreover, it is clear from a comparison of his two answers already given, that he believed the King's inclinations and intentions to be moving, at that moment, in the same direction. We come, therefore, next, to ask the question whether as a matter of fact in any single case the doctrine was actually put in force. The great majority of English bishops at this period were undoubtedly consecrated in the traditional manner. Was there even any single case in which the theory that the appointment by the supreme head was relied on as being in itself sufficient, and consecration was omitted as being unnecessary and non-essential ? To this question a glance at Stubbs' ' Registrum Sacrum Anglicanum ' at once supplies an answer. In every case except one there exists sufficient evidence, either in Cranmer's own register, or else in that of the Bishop himself, or at least in some contemporary and authoritative document, to put the consecration beyond doubt. In one single case, that of William Barlow, who was appointed Bishop of St. Asaph early in 1535-6 and translated, still unconsecrated, to St. David's in April 1536, there is extant no documentary evidence of any kind whatever which can be quoted to prove that consecration was even contemplated. If the theory was actually carried into effect in any one single instance, we have found the man. The range of documents from which such evidence can be obtained is considerable. As a HENRY VIII AND CONSECRATION 33 rule satisfactory proof of the consecration of any bishop can be produced from the following sources, any one of which under the circumstances, and seeing that a priori the probability of consecration having actually taken place is so overwhelmingly strong, would be alone and by itself amply sufficient to prove the fact. I. The deed called Significavit, issued as Letters Patent under the Great Seal to the Archbishop of the Province. This deed contains the King's mandate to consecrate the bishop-elect, and the Archbishop is bound under all the penalties of praemunire to execute this command within twenty days. If, therefore, it can be shown in any individual case that this document was actually issued, we may take it as proof that the consecration followed in due course, as no archbishop would be likely volun tarily to place himself in a position of so great danger. This document may be found in any one of four places. The original document itself may have sur vived, though this is most unlikely. It does not seem ever to have been the custom at Lambeth to preserve these. But it ought to be found enrolled on tbe Patent Rolls, and from 1533 onwards, the date at which it was first introduced, this is practically invariably the case. Then again, it should be on the Archbishop's register, being recited in most cases from that date onwards as the authority for the confirmation of the election. The only exception will be when consecration was not going to follow immediately, for then another document, that com monly known as the Royal Assent, is recited in its place as the authority for confirmation, and the 34 ANGLICAN ORDERS Significavit comes at a later date as the authority for consecration. Lastly, if the Significavit itself cannot be found anywhere, it may be possible to recover the authority sent to the Lord Chancellor to order him to issue it. This authority as a general rule will be a document under the Privy Seal, but in exceptional cases it will be a document signed personally by the King himself, coming direct to the Chancellor without the intervention of either the Clerk of the Signet or the Privy Seal. In either case it should be available, and as all these copies of the document were preserved in different hands and separate localities, it is certainly unlikely that no single one of them will have survived in any particular case. There should really be yet a fifth place in which we ought to be able to trace it, namely, in the records of the Signet, where we ought to find the original authority which caused the Privy Seal to be affixed. But all the records of the Signet for this particular period were destroyed in a great fire at the Banqueting Hall of Whitehall in 1618. 2, The Archbishop's register should contain the record of the consecration, giving at least the day and place and the name of the bishops who took part in the ceremony. A similar record ought to be found at the commencement of the new bishop's own diocesan register. 3. After the consecration it was customary for the Archbishop to send a certificate by letters patent under his own official seal to the King, announcing that he had duly obeyed the royal commands and that the bishop had accordingly been properly con secrated. This certificate again can ordinarily be HENRY VIII AND CONSECRATION 25 found in two places. It should be in the Arch bishop's register, and it should also be either recited in or attached to the Grant of Restitution of Tempor alities which was sent in due course to the King's escheators, and was also enrolled upon the Patent Rolls. 4. There should be a licence from the Dean and Chapter of Canterbury allowing the privilege of the consecration taking place outside the Cathedral of Canterbury. No consecration had been held at Canterbury for many centuries, but the Chapter were very tenacious of their ancient rights, and in every case the formal permission was applied for and duly granted. This licence should be found in the register kept by the Chapter of Canterbury. 5. After consecration there follows the restitu tion by the King of the temporalities of the see. By English law the revenues of any see fell to the King during the vacancy. A bishop could demand restitution as soon as he had been consecrated and had done fealty. This restitution was made by means of Letters Patent under the Great Seal addressed to all concerned. The document was in variably enrolled on the Patent Rolls, and should be found there. It is not, however, quite an infallible proof of consecration, for although the bishop cannot claim his temporalities of right until he has been consecrated, it is within the King's power to grant them of grace at any time after confirmation. This has hardly ever been done, but they were thus granted to Bishop Bonner as Bishop of Hereford, and there are no doubt other instances on record. In such a case, however, the fact that consecration had not taken place would be clear, because only the 2$ ANGLICAN ORDERS election and confirmation would be recited In the document. Here again the actual document is very unlikely to be extant, but we ought to find the copy on the Patent Rolls, and the original authority for its issue among the Privy Seals. 6. Lastly, there should be a mandate from the Archbishop to the Archdeacon of Canterbury to enthrone the newly consecrated bishop In his own cathedral. This should be found In the Arch bishop's register and also in that of the Archdeacon of Canterbury. There should further be a record of the enthronement in the register of the Dean and Chapter of the bishop's own cathedral, 7. Besides these public records there may chance to be some casual mention of the fact of the conse cration in some diary or private letter written at the time. Such unpremeditated confirmation would generally be taken as sufficient evidence to prove the fact in default of any more authoritative document. A good Instance of what is meant is furnished by the mention of Parker's consecration which is to be found in Machyn's Diary. Besides these sources from which genuine proof of the fact of consecration having taken place may be derived, there are three others which are often cited by writers on this subject, although they have no actual value at all, as the slightest knowledge of the law is sufficient to show. These are : I. >The possession of a seat In the House of Lords. But the right to sit in the House does not depend, and never has depended, on consecration. It depends on the possession of a Writ of Summons from the King. Any bishop who has received that HENRY VIII AND CONSECRATION 37 writ can take his seat and vote In the House simply by presenting It and proving his identity. He has the right to receive the writ as soon as the election has been confirmed, and consecration has nothing to do with it. The law on the subject may be seen in Phllllmore's ' Church Law,' i. 56, or Gibson's 'Codex,' I. 148. Gibson's words are as follows : 'A Bishop Confirmed may sit in Parliament as a Lord thereof. It is laid down by my Lord Coke that a Bishop Elect may so sit, but, in the case of Evans and Ascuith, Jones held clearly that a Bishop cannot be summoned to Parliament before Confirmation, with out which the Election Is not complete.' At this period, too, when a see was vacant it was customary to summon to the House of Lords the Guardian of the Spiritualities of the see for the time being. This official gave place to the bishop as soon as the latter had been confirmed. Consecration has never had anything to do with the matter. Precedence in the House depends upon the date of consecration, but that is all. They sit there ' according to their auncienties.' 2. The right of sitting and voting In Convo cation similarly follows on confirmation. Nothing is given in consecration except the power of order alone — the power, that is, to confirm children and adults and to pass on the Apostolic succession In the Sacrament of Holy Orders. The right of sitting and voting In Synod Is a matter of jurisdiction not of order, and so according to the invariable rules of Canon Law It follows on the full appointment to the see, when spiritual jurisdiction is conferred, and for it consecration is not necessary. The English 38 ANGLICAN ORDERS law follows canonical precedent In the matter, and there are several instances on record of bishops being summoned before consecration. 3. The third matter is one which Is less obvious. Champney, a Catholic writer of the seventeenth century, is often quoted, even now, as having said that leases drawn by a bishop before consecration were Invalid, and therefore as admitting that since Barlow's leases were not disputed he must neces sarily have been duly consecrated. Champney's remark was based on a blunder. He thought Chief Justice Broke had so laid It down, but he was quite in error. The blunder has been corrected again and again ; the law books, if they were referred to, would show that consecration has no connection whatever with leases, but that these depend solely upon the possession of the temporalities, whether granted in freehold by way of restitution, or by a temporary grant of custody. The whole matter on this point was explained by Archbishop Wake of Canterbury in a letter to le Courayer, and his words may be found printed In that author's ' Dissertation ' : ' Utinam profecto sic se res habuisset ! ' he says. ' Invictissimum id nobis prae- beret argumentum pro eonsecratione Barlovii. ... At vero plane apparet hanc non fuisse Judicum regni sen tentiam.' ' Would that the matter were really so. It would provide us with an Invincible argument for the consecration of Barlow. But, as a matter of fact, it Is clear that this was not the opinion of the Judges of the Realm.' ^ ^ le Courayer, Dissertation, etc., p. 3 59 sej., Oxford edition 1 844. HENRY VIII AND CONSECRATION 39 Of course it is quite true that in modern practice the restitution of the temporalities Is as a rule not made till after consecration, and so far It Is also true that a lease made by an unconsecrated bishop would generally be void, but In some cases the custody of the temporalities has been granted before conse cration, and Barlow's Is precisely one of these cases. His leases, therefore, were equally valid whether he were consecrated or not, in virtue not of his conse cration, or of any grant of restitution, but of the grant of custody of the temporalities for life which was made to him on April 26, 1536, at a time when consecration is proved, by the very fact that such a grant was made, not to have yet taken place. Leaving, then, these three last out of considera tion and confining ourselves solely to the public records, there remain In every case at least thirteen documents, all of which ought to be available, and any one of which would be sufficient by itself to prove the fact of consecration. (i) The original authority. Privy Seal or Signed Bill, for the issue of the Significavit. This would now be at the Record Office, and formerly at the Privy Seal Office. (2) The Significavit itself, enrolled upon the Patent Rolls, now at the Record Office, and formerly at the Rolls Chapel. (3) The Significavit, copied and recited as the authority for confirmation, in the Register at Lambeth. (4) The ' Register of Consecration,' in the Register at Lambeth. 40 ANGLICAN ORDERS (5) The ' Record of Consecration,' in the Register of the diocese. (6) The Archbishop's certificate of consecration sent to the King but also entered In the Register at Lambeth. (7) The Archbishop's certificate, appended to or recited in the Deed of Restitution of Tem poralities. This Is enrolled on the Patent Rolls at the Record Office. (8) The Privy Seal authority for the issue of the Grant of Temporalities. This is at the Record Office. (9) The Restitution of Temporalities, reciting the fact of consecration. This is enrolled on the Patent Rolls at the Record Office. (10) The permission by the Dean and Chapter of Canterbury for consecration to take place outside of Canterbury Cathedral. This is in their Register at Canterbury. (11) The authority of the Archbishop to enthrone the new bishop. Issued to the Archdeacon of Canterbury and registered in his Register. (12) The same authority in the Register at Lambeth. (13) The record of the enthronisatlon in the books of the Dean and Chapter of the diocese. To these we may add : (14) In certain cases, of which Barlow's is one, additional evidence may be afforded by a ' Dispensation of Retainer ' or licence to HENRY VIII AND CONSECRATION 41 retain in commendam a benefice of which the bishop was possessed beforehand. For since any such benefice would not be voided except by consecration, such a dispensation would be needless had the bishop not been consecrated. These dispensations would be found on the Patent Rolls if granted by the King. Barlow claimed to hold the Priory of Bisham thus in commendam. (15) Lastly, evidence may be available from some other contemporary document tvhich men tions the fact of the consecration having taken place. From this list It is clear that it is by no means a matter of the loss of one single document. The age of Henry VIII was one when the duty of making careful records was thoroughly understood, and for the most part, except when wilful mutilation has taken place at a later date, the records are In perfect order. It would be a matter of considerable research to ascertain exactly from how many of these sources we can prove the consecration of each of the bishops of the period, but probably in no case will less than nine or ten of the proofs be forthcoming. In Goodrich's case, the first of the new bishops after the breach with Rome, which is the only one we have personally investigated, twelve of the thirteen regular documents are extant. The only one missing is the licence of the Archdeacon of Canterbury, whose register has suffered a mutilation just at this place, which mutilation also includes the entry for Barlow, if it was ever there. 42 ANGLICAN ORDERS Now, how does it stand with Bishop Barlow ? It seems hardly credible, but in every one of these possible sources the effort to recover the document meets with failure. Every step of his history is in order and can be proved by docu mentary evidence, until we come to the crucial moment. We know all about his election, the Royal Assent to his election, the confirmation of the election by Archbishop Cranmer. But there the series stops short. For anything fiirther we have neither Privy Seal nor enrolment on the Patent Rolls. The State records are as silent as the ecclesiastical, nor is there any chance mention of the fact in any contemporary authority to supply the gap. So far as external evidence is concerned, the effort to prove the consecration of Bishop Barlow completely breaks down. It Is a very remarkable circumstance, quite inexplicable if the consecration ever really took place, and absolutely unparalleled In the case of any other bishop of the period, or Indeed since careful records of such matters in England first began. CHAPTER III THE ROYAL SUPREMACY IN ACTION The royal supremacy over the Church of England has In these latter days been exercised with such moderation, even In those details In which It has not rather passed Insensibly Into a supremacy of the House of Commons and of the Prime Minister, that few except professed historians realise all that it meant In Its early days under the Tudor sovereign, or even all that it is legally capable of meaning, under changed conditions, at the present moment. As the present inquiry is concerned with what seems to have been a tentative though largely Ineffectual effort to press the supremacy farther than It ever was pressed at any other time, it will be well to examine briefly what It was that was Intended by the phrase In the minds of its authors, and how far it was actually put Into action In the reigns of Henry VIII and Edward VI. It was Thomas Cromwell, as has already been said, to whom belonged the credit of the idea of thus enslaving the Church of England and bringing it into complete subjection to the royal authority. Not, of course, that the idea was an original one by any means — it is as old as the relations themselves 44 ANGLICAN ORDERS between Church and State — and it was everywhere very active just at this period in Protestant Germany. But Cromwell it was who conceived the idea of imitating the German practice In England, who first persuaded the King that this was a desirable object to aim at, and one likely to enable him to obtain his desires in other matters, and who showed the King how it might best be carried Into effect. The object of attack was not at first the papal jurisdiction, but the local liberties of the Church of England Itself. The papal jurisdiction fell indeed in the course of the struggle, but it fell because it stood in the way of the enslaving of the local Church, not because It seemed to Henry a thing in Itself calling for destruction. His primary object was to assert within his own kingdom his own supremacy in matters of spiritual jurisdiction no less than in temporal. His predecessors had asserted their power to do the like on many occasions, but the assertion had been ineffectual because Rome stood in the way, and would not let assertion pass into practical action. Now once more It became clear that the liberties of the Church could not be broken while Rome and the successor of St. Peter were able to make resistance. Henry did what his predecessors had shrunk from doing. He did away with the authority of St. Peter within his realm. When once he had succeeded in this, he found the local Church entirely at his mercy. He had his will and enslaved her to the utmost, and the Church of England found, as every merely national Church has found before her, as every such Church always will find as long as the world lasts, that the only ROYAL SUPREMACY IN ACTION 45 security the Church has against the encroachments of the civil power in any Individual country lies in the power and force that is derived from union with the Universal Church of Christ. None can make any effectual resistance except those who live under the rule of the Apostolic See, to which the privileges of St. Peter and the guardianship of unity have been committed by the hands of her Founder. What the King had to do was to devise a line of argument by which, without open and Immediate breach with the Holy See, he might get the powers inherent In the Pope transferred to some local body under his own control. To transfer those powers nakedly to the civil power, as had been done often under Luther's influence in Germany, was too violent a course to satisfy England at that juncture, when as yet Lutheran opinions had made but little way among the peoples. Some other and less manifestly anti- CathoHc a course must be selected if the people were to be fooled into accepting It. Such a course Henry discovered in the con sideration that in ancient times the Roman emperors had taken a great, nay, a commanding part In the government of the Church. What Constantine and his successors had done then, why should not he himself do now .'' If In them It was no Intolerable invasion of ecclesiastical rights or apostolic authority, why should It be so in him ? Was not England an empire as well as Rome, or at all events could it not be declared so ? Or, again, why was It necessary to go either so far back or so far afield as to Rome in the fourth century ? Was It not admitted that in this island in Saxon days the kings, CathoUc as they 46 ANGLICAN ORDERS were beyond all others, had yet taken a great share with the bishops in governing the Church, some times without its being clearly defined how much was due to their own royal power and how much to the authority inherent In the episcopal office ? What had been done then, and perhaps a little more, could be done now. Who should dare to say It was against the constitution of the Catholic Church, if the King should take once more into his own hands what he asserted to belong of right to the office which he held, and should revoke again the permissions which had only been granted by his predecessors to the bishops in terms which had always asserted the paramount authority of the Crown ? Some such considerations as these seem to have inspired the course which was taken by Henry and laid down In the Act 24 Henry VIII, cap. 12. It was decreed that ' this realm of England is an Empire and so hath been accepted in the world ' — that ' the body Spiritual thereof . . . now being usually called the English Church ... is sufficient and meet of itself, without the intermeddling of any exterior person, or persons, to declare and determine all such doubts and to administer all such offices and duties as to their rooms spiritual doth appertain.' The principle laid down is that not only the Roman Empire but every empire is self-contained, and that emperor and clergy acting together can resolve every doubt and settle every question within the bounds of the empire. The exact relations of emperor and clergy and the part which each of them is to play are not as yet clearly defined, but Henry had no doubts on that score. He had the clergy ROYAL SUPREMACY IN ACTION 47 safe in the penalties of praemunire, and he had no intention of letting them free until they had acceded in full to everything that he required. Never in all history has there been a grosser case of tyranny under the shadow of law than was involved in this abuse of the Statute of Praemunire. The clergy were accused of having rendered them selves liable to its penalties by accepting the legatine authority of Cardinal Wolsey. If they had done so, so also had the laity. The most guilty of all had been Henry himself, since that authority had only been exer cised under Letters Patent from the King. Jf justice had been the object, the clergy could only have been acquitted. But, as they knew, justice was the last thing they would get from either the King's lawyers or the King himself. Had they pleaded their cause it would Infallibly have been given against them, for it was no defence to urge that others had done the same, and the King himself, of course, was above the law. They would have lost their case, have been declared outside of the King's protection, and their lives and property would have been at the mercy of the King himself or of any of his subjects. They were caught in a trap and they knew their weakness in face of the royal tyranny. They did not even attempt a defence, but offered to buy themselves off and to make amends for the offence they had com mitted by an immense money penalty which should swell the King's treasury and thus avert his anger from themselves. But Henry, although he never despised money, was on this occasion after a yet larger prize. He made it clear that no mere money payment would 48 ANGLICAN ORDERS satisfy him, but that submission must be made also on other points. These points were five in number ; but It is only the first two with which we are now con cerned. The first required them to admit the King to be the only Protector and Supreme Head of the Church of England. The second defined that the cure of souls was committed to his hands. Against these two the clergy fought to the utmost of their power. After three sessions spent In useless dis cussions they at last obtained leave to add the words ' after God,' and ' so far as the law of Christ permits ' to the bald declaration of the royal supremacy as it had first come before them. After all, as Henry probably said to" himself, the added clauses, however much they may have satisfied the consciences of those who agreed to them, are of no practical im portance in limiting the authority thus admitted to exist. The main point was yielded when once the supremacy of the Crown in spiritual matters was in any sense agreed to. The restriction voted by Convocation had little force when It came to practical matters. Nothing could be more explicit than the words used In subse quent Acts of Parliament. Take, for instance, the wording of 37 Henry VIII, cap. i^. ' Whereas the royal majesty is justly supreme head In earth of the Church of England, and hath full authority to correct and punish all manner of heresies, schisms, errors, vices, and to exercise all other manner of jurisdictions, commonly called ecclesiastical jurisdiction.' It is also added that ' the archbishops and bishops have no manner of jurisdiction ecclesiastical, but by, under and from the royal majesty.' If the claim was granted ROYAL SUPREMACY IN ACTION 49 with such fullness without any dissent, Henry could well afford to let the clergy salve their consciences by inserting harmless words which had, after all, no sort of practical force. The first action taken under these powers of supremacy was the appointment of a vicar-general. Henry thoroughly realised the value to any ruler of a subordinate who could be made responsible for all that went wrong, while the credit of all that succeeded still went to the King himself. Cromwell, as vicar- general, was to * exercise all and every jurisdiction, authority and rightful power ' inherent in the Supreme Head himself. He was to visit and correct, himself or by commission, every religious house in the king dom. He sat In convocation, layman as he was, above the Archbishop of Canterbury and all the prelates, as being the representative of the Supreme Head of whom bishops and abbots were the mere delegates, allowed to meet only at his royal will and to transact only such business as he was graciously Inclined to permit. The powers thus exercised In spiritual matters were alleged by Henry to be those only which were inherent in the Crown and had been used before his time by other Christian princes. They were, as a matter of fact, precisely those which had been reserved for centuries, by the common judgment of all Christians, at least In the Western Church, to the successor of St. Peter. He was to be supreme, as the Pope had hitherto been, (i) in all causes spiritual and ecclesiastical, as well as temporal ; (2) in all Councils or Convocations of the Church, which were not to meet without his sanction, and whose 50 ANGLICAN ORDERS deliberations were to be wholly Ineffective without his confirmation ; and (3) in all appointments to the higher dignities of the Church. If the right of the Chapter, in the case of the old sees, to elect Its own bishop was preserved in form, it was rendered nugatory by the Letters Missive which named the person they were bound to elect under the strongest penalties. If, again, the right of the Archbishop to confirm the election was retained in form, this too became a mere solemn farce, as no power was allowed to him to refuse his confirmation. Bishoprics became, as they still legally remain, practically absolute donatives In the hands of the King. As in law and in the councils of the Church, so also in the appointment of her officials the whole power formerly exercised by the Pope passed unquestioned into the royal hands. But Henry was by no means content only to possess the right of nomination of the bishops and the control of their collective actions. Supremacy In his mind meant more than that. He would have the acknow ledgment from each and every one of them that every single one of his episcopal actions was done by the sole authority of the King, and that he held his office itself only at the King's pleasure. Accordingly every bishop, from Cranmer himself down, was made In October 1535 to take out a commission to this effect.^ These commissions from the Crown begin by reciting the fact that all jurisdiction in the Church of England, ecclesiastical as well as secular, flowed from the royal power, was received from the royal munificence, and ^ One of these commissions, from Bonner's Register as Bishop of London, is printed by Burnet, Reformation, iv. 410, Pocock's edition. ROYAL SUPREMACY IN ACTION 51 must be resigned thereto at any time should the King's majesty so decide. They go through all the various parts of the episcopal function — ordination, collation to benefices, the administration of justice In the ecclesiastical courts and so forth, — and grant the royal licence and permission to carry them out. All this was given, not under the Great or even the Privy Seal, but under a new seal reserved for such ecclesiastical acts done In virtue of the royal supremacy over the Church. These commissions were Issued to and accepted by every bishop who held office in October 1535. All through Henry's reign, whenever a new bishop was appointed to an old see, a licence of this kind was issued to him. When Henry died and Edward suc ceeded to the throne, all these commissions, being personal to the individual Supreme Head, were held to have lapsed by his death, and new documents of exactly similar tenor were issued in their place. Only to the bishops of the new sees under Henry, and to those bishops who were appointed under the new law of Edward VI, It seems that no such licences were given, as it was held that their complete dependence on the Crown was sufficiently clearly set forth in the Letters Patent by which they were appointed, without any ecclesiastical election of any kind. In the case of the old sees, as has been already said, a nominal election was made by the Chapter, followed by an equally nominal confirmation by the Archbishop, and by these empty ceremonies the real truth, viz., that the King's own appointment was the only deter minant factor, was masked and hidden from view. But in the case of the new sees which Henry himself 52 ANGLICAN ORDERS founded, and where there was no Chapter with a right of election, Henry himself appointed by Letters Patent, in virtue of an Act of Parliament passed in 1539 (31 Henry VIII, cap. 9). The accustomed procedure was that he should do everything in a single issue of Letters Patent. As a specimen of these we may take those for the erection ofthe new see of Chester in 1 541, which is printed in Rymer's collection.^ It begins by erecting the new see in the precincts of the old monastery ; makes the old monastery church to be the Cathedral Church of Christ and the Blessed Virgin Mary ; erects the town of Chester into a city ; transfers the then Bishop of Bangor, John Bird, to be bishop of the new see, so that ' solely by virtue of this translation he shall be henceforth held and is Bishop of Chester,' gives to him authority to ' exercise all Pontifical offices and Episcopal jurisdiction ' within the boundaries of the see which it then proceeds to define ; transfers the Archdeaconry of Richmond from the jurisdiction of the Archbishop of York to that of Canterbury, and generally settles and defines, purely by the royal authority, all matters relating to the jurisdiction of the new bishop. As the Church had no hand whatever, even apparently, in his appoint ment or in giving him his jurisdiction, it was clearly unnecessary that a further commission, declaring these to be solely from the Crown, should be accepted by him. As long as Henry VIII was on the throne it was only in the case of new sees and suffragan bishops that appointment by simple Letters Patent was 1 Rymer, T., Foedera, xiv. 717. ROYAL SUPREMACY IN ACTION 53 resorted to. But under Edward VI this novel proce dure was extended to every bishopric in England and Wales by the Act Edw. VI, cap 2. This Act speaks the plain truth as to the useless pretence of election and confirmation which went on then, as at the present day, in episcopal appointments. ' Whereas,' it says, ' the said elections be in very deed no elections, but only by a Writ of Cong^ d'elire have colour, shadows or pretences of election, serving nevertheless to no purpose and seeming also derogatory and prejudicial to the King's prerogative Royal, to whom only apper taineth the' collation and gift of all Archbishoprics and Bishoprics and Suffragan Bishops within His Highness' realm ... be it enacted . . . That from henceforth no such Conge d'elire be granted nor election of any Archbishop or Bishop by the Dean and Chapter made. But that the King may by his Letters Patent at all times when any Archbishopric or Bishopric be void, confer the same to any person whom the King shall think meet. . . . And that the said person upon whom the Archbishopric or Bishopric or Suffragan- ship is so conferred, collated or given may be con secrated and sue his Livery or " outer lemayne " and do other things as well as If the said Ceremonies and elections had been done or made.' As a matter of fact, however, no bishop appointed under this Act of Edward VI had any need thus to sue for his temporalities, for, as a glance at the Letters Patent appointing them, several of which are printed in Rymer's collection, will at once show, the tem poralities are given by the same Letters Patent which appoint them to the bishopric. The phraseology Is very much that of Henry's Letters Patent for new sees, 54 ANGLICAN ORDERS but Is even more explicitly Erastian. In the first place the King, by virtue of the Act which is duly recited, ' of his certain knowledge and mere motion,' ' confers gives and concedes ' to the selected person, ' the said Episcopate of ' and ' names, makes, ordains, creates, declares and constitutes him Bishop of ' ; ' to have, hold, occupy and enjoy the said Bishopric, during his natural life, si tamdiu se bene gesserit in eodem, (If he so long has been of good behaviour), with all the Manors belonging thereto.' The document then goes on to give the new bishop authority to ordain and do all other episcopal acts, in much the same way as the licences which had usually been issued to the other bishops, and ends by making a grant for life of all the temporal possessions of the see. The result of this procedure was very much to simplify the complicated method of making a bishop which had till then been In vogue. It reduced the necessary documents to two only, the concession of the bishopric with its rights and possessions, which has just been summarised, and the Significavit, or order to the Archbishop to consecrate the person to whom this concession had been made. With the exception of the clause printed in italics It was not really more Erastian than the other and still customary procedure, but It brushed aside and abolished all the various links with the past which then concealed, as they still do, the essential Erastianlsm of the whole procedure. It was, however, employed only for a very few years, for the Act was rejected under Mary and was not revived under Elizabeth. The clause limiting the tenure of the bishopric to ROYAL SUPREMACY IN ACTION 55 the continuance In good behaviour of Its occupant was used under Mary to save the necessity of more formal deprivation. As these bishops held their bishoprics thus admittedly at the royal pleasure, they were deprived without formal trial. No such clause has ever reappeared In any appointment to an English see. But although she had no longer this justification, Elizabeth followed Mary's example and deprived bishops at her will without trial. By these Acts and documents the theory of the royal supremacy as held by Henry VIII and Edward VI, and In the main also by Elizabeth and all succeeding monarchs, becomes simple enough. To understand It thoroughly it is necessary to remember, what every lawyer and indeed every educated layman In those days recognised clearly, the essential difference which exists in the episcopal office between the powers of order and jurisdiction. The power of order Is the power of conferring grace through the sacraments and of carrying on the ministry through ordination. The power of juris diction is the power to govern the Church and to exercise the power of order within her borders. The Catholic doctrine was, and Is, that both these powers are originally from Christ alone, and can only be lawfully exercised by the Church through those to whom she grants them. The extreme Erastians assigned both to the civil power, and the Lutherans to a great extent taught the same. Henry VIII, in his dealings with the Church of England, made a com promise. On the one hand the King made no claim whatever to the power of order. He did not claim to be able himself to consecrate the Eucharist nor to S6 ANGLICAN ORDERS ordain clergy. If he did on one occasion claim to Imake a bishop, as we are contending in this book, it |was because he held that there was no essential differ ence between priests and bishops, but that the power |)f the episcopate was latent in every priest. On the other hand he claimed the power of jurisdiction in all its fullness. He asserted that the whole government of the Church in its every smallest detail belonged to him. In matters ecclesiastical he was to be master even more than he was in civil affairs. All juris diction in the Church flowed from him and could be exercised only by his permission. Although as a general rule he was graciously pleased to act through the archbishops or the bishops, he was in no way bound to do so, and could act in person or through lay vicars-general or other delegates if he chose to do so. That in Henry's view and in the view of his Parliament was what was meant by the royal supre macy over the Church. Added to all the powers which had been possessed by any previous monarch, he was to hold and to exercise all the powers, without exception, which had ever been claimed or exercised by the Popes at Rome in their capacity as successors of St. Peter. Even the right of defining doctrines to be held and taught in his dominions was seized and exercised, and though he stopped short of claiming infallibihty for his teaching, he did not shrink from enforcing it with all the powers of the secular law, even to the infliction of the death penalty itself. CHAPTER IV BISHOP barlow's own DOCUMENTS We saw in Chapter II that all the documents by which the consecration of Barlow could possibly be proved are, by a singular fatality if ever they existed, now unable to be found. It is almost inconceivable that fourteen separate documents, some belonging to the State and others to the Church, In the custody of at least eight different functionaries in localities widely separated, can possibly have disappeared by mere accident or carelessness If ever they existed at all. Thus we are led with practical certainty to say that they never did exist, and consequently that the conse cration never can have taken place. But still our evidence is purely negative. We feel that negative evidence is never, by itself, really absolutely conclusive, and we naturally go on to ask whether there is not in existence some sort of positive evidence which tends in the same direction. It does not need a very great amount of positive evidence to put the matter beyond a doubt, when the negative evidence Is already so overwhelmingly strong. So, accordingly, we go on to examine with special care the documents which have come down to us In connection with his case, all of which, it will be remembered, have to do with the 58 ANGLICAN ORDERS events which precede consecration. To do this with effect we must first know exactly what documents we ought to look for In an appointment to a bishopric at this particular period. They are those ordered by the Act 25 Henry VIII, cap. 20, which laid down once and for all the procedure to be followed In these matters.! This procedure has remained in force down to the present time, except for one brief period under Edward VI, when bishops were appointed solely by Letters Patent, and another under Mary, when the method of appointment by Papal Bull was reintro duced, and this simplifies our inquiry very materially. The only really Important change since introduced is that the document known as the Royal Assent, which was traditional from old times, and which continued to be Issued all through the reign of Henry VIII, although it was practically included In the Significavit which was also Issued, now no longer exists. In Elizabeth's time and ever since It has been discontinued as being useless and redundant, except in the case of translation, when of course there Is no Significavit needed, and it takes the place of that document. But under Henry VIII Its Issue In the procedure for new bishops had in some cases a practical meaning, and It was not entirely useless, as we shall presently see. The documents, then, which were issued prior to consecration In the reign of Henry VIII, were in ordinary cases three ; all of them under the Great Seal and all consequently enrolled upon the Patent Rolls. They were : ! Printed in Appendix, infra p. 1 74. BISHOP BARLOW'S DOCUMENTS 59 I. The Conge d'elire, or permission to the Dean and Chapter to elect a bishop. With this was sent the Letters Missive naming the person whom they were to elect under grave penalties. This latter document was not under the Great Seal or even the Privy Seal, but only under the Privy Signet. 2. The Royal Assent, a notification to the Arch bishop that the King assented to the election of his own nominee, and requesting, not commanding, the Archbishop to do ' that which belonged to his office in the matter.' This was not a new document, but the old traditional one issued for centuries before in similar cases, especially for the confirmation of the election of abbots who were Lords of Parliament, and Its effect In Henry's reign, when it was issued alone and not as It usually was In conjunction with the Significavit, was to cause the Archbishop to confirm the election, but to do nothing more. As far as the wording is concerned, it might easily have been made to cover consecration also, where consecration was needed, but It never had done so in the past (since the State In those days had no responsibility for the con secration, a bishop being fully made for State purposes by the confirmation of his election or by papal provi sion), and so It was not held to do so now. It was always thus issued alone without the Significavit In cases of translations, and was also issued alone for new bishops, exceptionally, four times in Henry's reign. In the case of Shaxton, for both Barlow's bishop rics, and for Bonner when elected to Hereford. In each case the same effect followed, the Archbishop confirmed the election and sent a certificate to the King to say he had done so, showing that all the King 6o ANGLICAN ORDERS had asked had been finished. In all other cases the Archbishop does not send the certificate until the con secration Is complete, nor does he in any case proceed to consecration until the Significavit has been Issued. The case of Shaxton Is the best to take as an illus tration. The Royal Assent was Issued by itself, without Significavit, on March 5, and accordingly Cranmer confirms the election and sends his certificate to the King. This was on March 18, 1534-5. Then the Significavit was issued on March 22, and Cranmer proceeds on April 1 1 to perform the con secration, and sends a second certificate to the King to say he has done so. The whole is recorded in Cran mer's register, and It makes very clear the exact force arid value which was held to belong to each of these documents at that time. The Royal Assent thus issued alone meant that the election was to be con firmed at once, but that consecration was for some reason or other to be deferred. 3. The Significavit. This was a new document, rendered necessary by the Act 25 Henry VIII. It began by repeating the Assent already given in the previous document, and then went on to command — not now to request — to command the Archbishop to confirm, consecrate and invest the bishop-elect. If the Archbishop failed to comply within twenty days he ran the risk of the penalties oi praemunire. Accord ingly, In every case where the Significavit can be shown to have been Issued, we may assume that consecration is sure to have followed in due course. These documents were all Issued under the Great Seal. Before the Lord Chancellor could affix the Great Seal he required authority to do so. The rules BISHOP BARLOW'S DOCUMENTS 6i as to this authority had just been changed before Barlow's election to his first bishopric, by the Act 27 Henry VIII. Up to that time the authority for each document had been given in all matters affecting bishops by a separate written authorisation signed by the King In person and stating the exact words which the document was to contain. But just before Barlow's time the new procedure came Into force which still governs the matter, subject only to certain simplifications. There were now two ways in which authorisation could be given. In all ordinary cases — the exceptions are exceedingly few — the procedure followed a fixed and rather complicated course, the whole of which was a mere matter of routine. The complicated nature of the process was due to the con flicts between the King and his advisers in the four teenth century, and was designed to ensure that, besides the Lord Chancellor, at least one other great officer of State, the Lord Privy Seal, should be a party to the affixing of the Great Seal. The whole system is set out In the Act 27 Henry VIII, cap. 11, and Is briefly recounted in Anson's ' Law and Custom of the Constitution,' ii. 56 (third ed.). There was needed in the first place a warrant signed by the King and countersigned by the Secretary of State, addressed to the Attorney or Solicitor-General, and bidding him prepare the Bill. This Bill, when prepared and signed by the Attorney-General, was taken to the Secretary of State, and received the King's signature. It next went to the Signet Office and was there deposited. An attested transcript of it, sealed with the Signet, was next taken to the Office of the Lord Privy Seal, within eight days, and the Lord Privy Seal was thereby 62 ANGLICAN ORDERS bidden to direct the Chancellor to make the Letters Patent In the prescribed form. This again was deposited at the Privy Seal Office. A new attested transcript was made and sealed with the Privy Seal. It was taken to the Crown Office or Patent Office and there engrossed. The Privy Seal and this engross ment then went on to the Lord Chancellor, who, if he saw no objection, wrote his name under the grant and the Great Seal was then affixed. ^ This was the ordinary procedure, but in any par ticular case the King could if he wished, as he still can, shorten the procedure by means of a ' Signed Bill.' This would go direct to the Lord Chancellor without going through either the Signet Office or the Privy Seal. But the whole routine of appointing a bishop could not be thus initiated. The ' Signed Bill ' or ' Immediate Warrant ' was, and is, authority for the one document appended to it and for nothing else.^ Now we are in a position to examine Barlow's documents, for we know what we ought to find. To begin with those for St. Asaph. The Conge d'elire is in the usual form and presents nothing of Interest to us. The Royal Assent is given by Privy Seal, the first instance, as it seems, of the use of the new pro cedure. Barlow is described in it, quite correctly, as ' William Barlow, prior of the house or priory of Bisham.' There Is no Issue, as we should have expected there would be In the ordinary routine, of a ! See also Nicolas, Sir N. H., Ordinances of the Privy Council, vi. cxl-ccxiz. ^ See Sir W. Anson and Sir N. H. Nicolas, as above. BISHOP BARLOW'S DOCUMENTS 63 Significavit. No doubt It is only because Barlow is away in Scotland. Had the Significavit been issued a difficult situation would have been created, as con secration would be due to follow within twenty days. So the document for the Royal Assent and no other was Issued to Cranmer. The effect of that would be, as we have already explained, to authorise Cranmer to confirm the election, but not to do anything beyond that. Accordingly Cranmer, on receiving this docu ment, proceeds to the confirmation. Barlow being represented at It not personally but only by proxy, and having done this he sends his certificate to the King. He had done all that was asked of him and all that he was authorised to do. Sooner or later, on Barlow's return to London, we should expect that the Significavit would be Issued In Its turn, and that consecration would then follow just as It did In the case of Shaxton. So far our documents show indeed that consecration did not follow Immediately on con firmation to St. Asaph, and was not expected to take place for some little time, but they show nothing more. Almost immediately, while he Is still unconse crated, there follows his appointment to St. David's. If we are right so far In our deductions, we shall expect to find him described In the documents as Bishop-elect of St. Asaph. That would have been his proper title as confirmed but not consecrated, but the documents are not uniform In the matter. All the documents for his successor, Bishop Wharton, at St. Asaph de scribe the see as being vacant through the free trans mutation (an unusual expression, used as far as Is known in no other previous documents whatever and seem ingly coined to express the very exceptional fact that 64 ANGLICAN ORDERS it was the case of a bishop being transferred to another see before he had yet been consecrated) of the late Bishop-elect, William Barlow. We find this repeated five times, in the Conge d'elire, the Royal Assent, the Significavit, the record of confirmation, and the Res titution of Temporalities. Moreover, we find Barlow himself still signing his letters simply as William Barlow in March 1536.^^ It Is therefore certain that he was never consecrated to St. Asaph, and on this hypothesis everything Is in order. We turn to the documents issued for his appoint ment to St. David's and we find an apparent con tradiction. In these he is uniformly described as tunc episcopus Asaphensis, there is no mention of his being merely bishop-elect, but the full title Is given to him just as if he had been consecrated. The case Is the more remarkable because here the King has intervened personally to take the matter out of the ordinary routine procedure and Into his own hands. For the authority Is by ' Signed Bill ' and not the usual ' Privy Seal.' The wording, therefore, is ordered by Henry himself in person under his own autograph signature. This second bishopric of Barlow seems to be the only Instance in which the royal authority has thus intervened ever since the Act settling the procedure was passed In 27 Henry VIII, so the matter Is even more remarkable than It seems at first sight. Why did Henry deliberately order this difference between the documents for the two sees } Is it possible to give any reason except the obvious one that ! State Papers, Scotland, v. 36. BISHOP BARLOW'S DOCUMENTS 65 it was designed to lead the Chapter of St. David's to believe that this was an ordinary case of translation of a bishop already consecrated, while at St. Asaph, where the contrary would be known to be the fact, the documents are drawn in the usual form } It is quite true that In the parallel case of Bishop Bonner a year or two later the same distinction occurs between the documents for the two sees, he, too, being described as Bishop-elect in the documents for his successor at Hereford, and as Bishop in those for his own appoint ment to London, but that Is a case of an official draughtsman carefully following a precedent set only a year or two before by royal authority. Clearly there Is all the difference in the world between a clerk following a precedent already in existence and a king thus intervening to create the precedent in question, and this latter cannot have happened without some very definite reason. Before Barlow no precedent can have occurred, so his case does really create the prece dent In question. There Is a further point to be considered before we leave this ' Royal Assent.' Henry was not content with ordering Barlow to be described in it as full Bishop of St. Asaph rather than only Bishop-elect, but he must carry his lie farther. He goes on to describe Barlow as ' Perpetual Prior Commendatory of Bisham.' The force of this description has never hitherto been pointed out. It Is a direct assertion that Barlow had been consecrated as Bishop of St. Asaph, which was certainly untrue. Benefices in commendam have ceased to exist so long in England that the law about them has been forgotten, but it will be found set out with accuracy and fullness by 66 ANGLICAN ORDERS GIbson.i A Commendam retinere such as this would have been was only needed by a bishop after conse cration. For up to the moment of his consecration his right to his earlier benefice was unchanged. He only became commendatory after consecration, if he had been granted leave before that ceremony took place to retain the earlier benefice which would other wise have been voided ipso facto by the consecration. To style a bishop, as Henry here styles Barlow, also commendatory of another benefice is to make the definite assertion that consecration had taken place and that a hcence to continue holding the earlier benefice in commendam had been granted. Of course, it need hardly be said, there Is no trace whatever in the Patent Rolls or anywhere else of such a Hcence having been Issued. But the use of the phrase In this docu ment leaves no doubt whatever of Henry's intention to mislead. A Commendam retinere would leave Bar low in full possession of his rights as prior ^ and still able to resign the priory Into the King's hands, which in fact he did that same year. The * Signed Bill,' as we have said, was an authority only for the issue of the one document attached to it. It did not Initiate or set in motion any routine procedure. Accordingly, since the document appended was only that known as the Royal Assent, ! Codex ii. 913. Or with even greater fuUness and accuracy by Godolphin, Repertorium Canonicum, pp. 230-241, edition 1680. ^ Gibson, Bishop, Codex ii. 914. A Commendam retinere simply prevents the voidance of a benefice and therefore leaves rights intact. On the other hand a Commendam capere does not create a true incumbency, but only a beneficiary. It is worth while, perhaps, to notice that the creation of a perpetual Commendam was speciaUy reserved to the Pope by the CouncU of Lyons in 1274. BISHOP BARLOW'S DOCUMENTS 67 there was no issue of the Significavit, as there would normally have been had the ordinary procedure been followed. Cranmer had authority, therefore, only for the confirmation, he was not authorised to go on to consecration. Accordingly, he acts In this second case exactly as he did in the two similar cases of Shaxton and of Barlow's first see. He confirms the election made by the Dean and Chapter, and then sends his certificate to the King as having completed his task and done all that he was required to do. But this time Barlow was present and was confirmed In person, not as he had been in the former case by proxy. In that instance it was easy enough to assign a reason for the deferring of the consecration, for If Barlow was away in Scotland he obviously could not be conse crated in London until his return, but in this case it is not easy to understand why the matter should not have gone forward In the usual routine. If he could appear in person at the confirmation on the Friday, what hindered him from being consecrated on the following Sunday .'' It is not easy to suggest a reason, but there can be no doubt as to the fact. The consecration did not take place on the following Sunday, In spite of Barlow's presence In London. No Significavit was issued and no intention was manifested of holding a consecration at any time In the immediate future. The usual procedure had been cut short at the con firmation by the personal act of the King In issuing his ' Signed Bill,' though what his motive was In so acting there is, so far, nothing to show. The next document Is Cranmer's certificate to the King to say that he has carried out the confirmation of the election. This may be found in his register, 68 ANGLICAN ORDERS and follows the usual form. The only point of interest for us Is that Cranmer follows the King's lead and describes Barlow as ' lately Bishop of St. Asaph and perpetual Commendatory of Bisham.' That is to say, the form of the certificate is that for an ordinary translation of a bishop already consecrated, not that for a new appointment of one whose consecration is deferred for a time. This certificate bears the date April 22, 1536 ; and it closes with a petition to the King that he will now do * that which belongs to his Royal prerogative ' in the matter. The phrase occurs in other similar certificates of the period, as for instance in the case of Shaxton, and, suggestive as it sounds in this special instance, one cannot build much upon It. It was only a matter of form and need not have meant anything very definite. In the other cases in which it was used it was mere formality and met with no response. But in this case Henry did respond to the invitation. Four days later there was issued from the Chancery by Letters Patent under the Great Seal a very remarkable document, which will require our very careful attention and will repay a very minute examination. Before, however, we go on to make this Investigation it will be well to know something of the nature of the corres ponding documents which were issued at that period, and still are, to bishops on their appointment to their see. It is a grant of Custody of the Temporalities Issued before consecration, as occurred also In several other Instances of the period. It has already been explained that on a vacancy occurring In any see, the temporalities of the see — ^that is, its lands and other possessions — Immediately came BISHOP BARLOW'S DOCUMENTS 69 into the King's hands. He had the ' custody ' of them so long as the vacancy lasted, and the profits accruing belonged to him. Ordinarily they had to be ' re stored ' of right to the bishop on his own request, when the vacancy had fully come to an end by his conse cration. Sometimes, but rarely, they were ' restored ' earlier If the King so chose, after confirmation but before consecration. ^ When once they had been so ' restored ' the bishop held them in freehold so long as he remained bishop of the diocese. If he died, or was translated to another bishopric, or resigned, the temporalities forthwith came once more to the King, and the profits during the vacancy again belonged to him. These ' Grants of Restitution ' therefore were not, strictly speaking, ' grants ' at all. They take the form of a notice, under the Great Seal, sent to the King's escheators and other officials to the effect that the vacancy of the see had come to an end, and that, there fore, they had nothing further to do but to hand every thing over to the new bishop, to whom all now belonged in freehold. But it was within the power of the King to deal as he pleased with any profits or privileges which were available during the vacancy. He could apply them to his own use, or, if he so pleased, he could assign these rights to another. Grants of this kind, which are real grants, given solely of the King's good will, are called ' Grants of Custody.' They run In the ordinary form of all such grants, Rex, Omnibus ad quos, etc. Salutem. Sciatis quod, etc., and are given under the Great Seal. ! Godolphin, Repertorium Canonicum, p. zS. 70 ANGLICAN ORDERS Such ' Grants of Custody ' are of two kinds : I. Retrospective. This is the case where the King desires to hand over to a bishop the profits, etc., which have accrued during the vacancy. Nowadays It is done as a matter of course, but in Henry's time it was rare. Cranmer had a grant of this kind which may be read in Rymer, Fcedera xiv. 457. 2. Prospective. When for any reason it was foreseen that there would be a long vacancy, the King sometimes made a grant of the profits and rights of the vacant bishopric to some person, generally the bishop nominated but not yet elected, to hold as custodian. Such a grant was necessarily temporary, given generally for the time for which the temporalities remained in the King's power, i.e. until the vacancy should be concluded by the consecration of a new bishop. If it should be drawn for a long period, and of this there Is no example except this grant of Barlow's, It would necessarily be rendered void by any such consecration, for the temporalities would then belong to the new bishop ipso facto, and not be any longer In the King's power to grant. Nemo dat quod non habet. No one can grant away what he does not hold. Now this grant to Barlow of April 26, 1536, Is a grant of this last kind — a Grant of Custody during the vacancy of the see. It is therefore an absolute proof that Barlow was still unconsecrated on that date. Had he then been already consecrated the grant would have been void and useless, for the temporalities would have been his own in freehold already, and he needed only to demand restitution. It is a Grant of Custody made to a bishop elect and confirmed, on account ofthe BISHOP BARLOW'S DOCUMENTS 71 vacancy of the see, which continued till consecration. Normally it would run only for two or three weeks at most, then be succeeded by the usual ' Restitution.' One would have expected a simple Restitution to avoid this complication. 1 This was the procedure In the parallel case of Bishop Bonner in 1 539. Evidently In this case of Barlow a long vacancy was expected, and as we look further Into the document we see that it Is so. The Custody Is given not as usual ' as long as the see is vacant,' h'o.t for his whole lifetime, ^durante vita sua.' The point Is so important that we must stop to emphasise it. Here we have a grant which In Its nature is of a temporary character — a grant of ' Cus tody ' and not of ' Restitution.' Such a grant would be voided and come to an end ipso facto the moment Barlow was consecrated. Yet it is made to extend to the whole of his life. What other conclusion is possible than that it was not in contemplation that he should be consecrated, at any rate for some time to come, and that it was even possible that he might continue unconsecrated for the whole of his life .'' If he chose so to remain he would nevertheless have the enjoyment of the temporalities of his see all through the time. The only difference would be that he would hold them by the favour of the King, to whom they really belonged owing to the continued vacancy of the see, and not in freehold, as being the ! The case is unique. There is no other instance known of a mere Grant of Custody issued to a bishop already confirmed, obviously because normally it would be futUe to do so, as the same object could be attained more simply by the King's granting Restitution, of grace, in the usual form. 72 ANGLICAN ORDERS possessions of the diocese of which he was fully bishop.'^ The next point to consider Is Barlow's own de scription. He is no longer ' Bishop of St. David's and perpetual prior commendatory of Bisham ' as he was in the documents issued only a week or so before under the Great Seal and the Seal of the Archbishop of Can terbury respectively. He is back once more in the old position, and Is only ' our beloved and faithful William Barlow, prior of the Monastery or Priory of the Holy Trinity at " Bostleham Mountague " of the Order of St. Augustine.' Of course It would have been Impossible to style him commendatory prior in this document. It is a document which could only be Issued to one who had not yet been consecrated as bishop. And no man could possibly be a Commen datory prior who had not already been so consecrated. So he had of necessity to go back to his true status again. But one could not ask for a clearer proof of bad faith than this, that he should be described falsely on April 20, by Henry's own express order, in a formal document Issued under the Great Seal, as Com mendatory when no Commendam had been issued or indeed needed, and again, truly, on April 26, in another document of similar authority, as prior under the ordinary circumstances, with no mention of any Commendam at all, and in a context which precludes •"¦ The grants to the bishops appointed under Edward VI are sometimes quoted as being paraUel. It is true the same phrase is used, ' during his life,' but these are quite different documents and under a different Act of Parliament. The argument breaks down as soon as this is realised. These grants are of the nature of Restitutions, not of Custody. BISHOP BARLOW'S DOCUMENTS 73 the possibility of any Commendam having been issued previously. But we are not yet by any means at the end of the peculiarities of this amazing grant. Such a confusion as we find in it between the recognised phraseology of a retrospective and that of a prospective grant could never have been perpetrated by a professional draughts man within the office of the Privy Seal. It must have come to that office from some authoritative source outside. And as, on Inspection, it proves to have been simply copied from the retrospective grant given to Cranmer three years before, with the necessary changes made in their proper places, we shall probably not be far wrong if we fix on the Archbishop as being concerned in Its production. But a higher power even than the Archbishop seems to be implicated. Note the title by which the Archbishop is called. He Is Primate of All England and Legate of the Apostolic See. Who in 1536 would have dared to give Cranmer that title .'' Not Cranmer himself, who had formally resigned It two years before in Convocation, on the express ground that it was derogatory to the royal supremacy. Not, surely, any clerk In the office of the Privy Seal or of Chancery. Would even the Lord Chancellor Audeley himself have dared to use it, when within the year his greater predecessor, Thomas More, had lost his head for impugning the royal supremacy } Would any single person have dared to do it except the King in person } If we think of the veritable Reign of Terror which was at that moment in progress, it seems inconceivable that anyone else would have ventured on the act. Who again, except the King himself, would have dared to 74 ANGLICAN ORDERS go on to apply to Cranmer the well-known phrase which for centuries had been appropriated to the Pope, to denote the action of the Holy See In the provision of bishops. ' Ipsum sic electum Episcopum praedictae Ecclesiae Menevensis praefecerit et Pastorem. ' Cranmer, apparently by confirming the election, for he had done nothing else, Is asserted to have ' set Barlow as Bishop and Pastor over the Church of St. David's.' Never, before or since, has such language been used of any Archbishop of Canterbury, or of anyone except the Pope. And who, we may well ask once more, would have dared to use such language of him at such a time, except the King himself, who was claiming to be possessed of papal powers In England .'' But why should the King use such terms } We can only suggest that It was because he knew he was doing a very Erastian action, and he wished to cloak It by a special show of ecclesiastical authority. He would not have Invented the words, or put them in wholly out of his own head, but there they were before his eyes in Cranmer's grant, and he simply ordered them to be copied into the new grant for Barlow. One point more remains to be considered. The grant ends with the words Per breve de Sigillo Private, ' by Brief of Privy Seal,' which is the usual thing, and then goes on ' and by the granted authority of Parlia ment.' For what reason was this added ? It does not occur In any other of Henry's grants. Obviously he Is conscious that he Is doing something quite unusual and wishes to claim a special authority for doing it. That was always Henry's way. All his most illegal and violent actions were done under the BISHOP BARLOW'S DOCUMENTS 75 form of the strictest law. But still It Is not very clear what Act he Is appealing to. It can hardly be 25 Henry VIII, cap. 16, which Is the Act which regulates the appointment of bishops, for that contains nothing to the point, and had, moreover, been contra vened in several points by the peculiar procedure adopted in this case. It would seem that the appeal is to the recently passed Act of Supremacy, and that Henry is justifying his unusual action by repre senting it as an act of that supreme authority over the Church with which he had been endowed by Parliament. It Is only of comparatively recent years that the real nature of this document has been known to his torians. It was originally published in 1613, but only In a deliberately mutilated form, giving an entirely false Impression, by Mason In his book on ' The Con secration of the Bishops in the Church of England.' This mutilated form was the only one known till Canon Estcourt found the document and published it entire in 1870. Even he, however, did not fully realise its force and meaning. From the day on which he received this grant Barlow took the full style of a bishop. He had signed himself ' Will" Barlo ' a month before.^ But now he signs ' Willmus Menev,' a title he had no right to adopt before consecration had taken place. He is also given the title by others. The summons to the House of Lords was issued on April 27, the day after the temporalities were restored to him ; and he Is sum moned as Bishop of St. David's, not as Bishop Elect. 1 British Museum, Caligula B. Ill, leaf 194; cf. State Papers, Henry VIII, v. 36, 46. 76 ANGLICAN ORDERS He took possession of his see at once, apparently by proxy,! and himself went up once more to Scotland on the King's business. He remains In Scotland, however, only for a few weeks, for he Is back in London by June 30, on which day he took his seat In the House of Lords. If he was ever consecrated at all it must have been before that date. At least no later date has ever been suggested by anybody. There was a consecration of bishops on June 1 1, when Repps of Norwich and Sampson of Chichester were consecrated. It has been maintained by the late Bishop Stubbs and others that Barlow was probably consecrated with them. That, however, is put out of the question by documentary evidence. We have the warrant from Cromwell bearing the date of June 1 2, in which Barlow Is still spoken of ' as the Bishoppe then elect of St. Asaph's, now elect of St. David's.' ^ Moreover, there is also extant a letter written by one Anthony Walte, a servant of Sherburn, Bishop of Chichester, to Lady Lisle. It tells how Dr. Sampson ' was consecrated with the abbot of St. Benet's, now bishop of Norwich ' on Trinity Sunday, and since he makes no mention of a third recipient of consecration, makes it certain that Barlow was not also consecrated at the same time.* It is obviously impossible for any one, in the face of the complete absence of every one of the various documents required for a consecration to take place, and also of these two pieces of documen tary evidence to the contrary, to continue to maintain ! See Estcourt, Question of Anglican Ordinations, p. 65. 2 Ashmolean MS. 857, f. 48. It is printed in fuU by Estcourt, App. xxiv. * Letters and Papers Henry Fill, x. 481. BISHOP BARLOW'S DOCUMENTS 77 that Barlow could have been consecrated on June 1 1 . That date was suggested formerly by Dr. Haddan, and adopted by Bishop Stubbs In the first edition of his ' Registrum Sacrum Anglicanum.' It has, how ever, been abandoned In the later edition of that book. We are now in a position to sum up what we have learnt from the study of Bishop Barlow's documents. Certainly we have learnt this, that he was In a most unusual position. There Is a total absence of evidence for his consecration on the one hand ; on the other there Is the singular fact of a deliberate and careful variation in the wording of his documents. Wherever the facts would be known and in consequence it would be futile to attempt to pass him off as a consecrated Bishop, the documents duly give him his proper title of Bishop Elect. It Is so with all the documents connected with St. Asaph, and it is so with Cromwell's warrant, quoted above, about the ' dyetts ' of Thomas Hawley, who had been Barlow's constant companion during his embassy to Scotland. The very form of the grant of ' Custody * issued proves the same thing. But wherever the facts would not be known, and where it would be naturally taken for granted that conse cration to St. Asaph had taken place, the word ' Elect ' is dropped and he Is spoken of simply as Bishop of St. Asaph or St. David's, or as ' the same now Bishop.' It is thus in all the documents which are connected with St. David's ; with Cranmer's certificate to the King ; with the wording as distinct from the form of the grant of Custody of the Temporalities; with the summons to the House of Lords. Such a variation, so deliberately and consistently carried out, cannot 78 ANGLICAN ORDERS have been made without a reason — and the reason seems obvious enough. Let us take Barlow's position on June 12, 1536, a date when Cromwell's warrant, already quoted, makes it quite certain that he was not yet consecrated. He will have been dressed as a bishop, in full accordance with Catholic custom, ever since February 23, the date of his confirmation to the see of St. Asaph.^ He was passing himself off as a fully consecrated bishop — there can be no doubt about that, — signing himself as William Menevensis, and so forth. He was In full possession of his see of St. David's so far as spiritual jurisdiction was concerned, by virtue of the confirmation of his election on April 21. He had every power and every right to rule his diocese, to present to benefices, to grant dispensations, to hold diocesan Courts. He was in full possession also of all the temporalities of the see, and that not for a time only, but for life. He could grant leases, draw the revenues, deal with the property as he would, by virtue of the King's grant of April 27. He could take his seat In the House of Lords at any moment that he pleased, for the King's Writ of Summons had been issued to him on April 28, and he had been summoned, not as Bishop Elect and Confirmed, but as full Bishop of St. David's. Hence there would be no question of the date of consecration arising, so long as he was content to take his seat beneath any bishops who had already done so, and did not himself raise the question of ' ancientry.' It has never been any part of the duty of the officials of the House of Lords to demand proof ! Caerimoniale Episcoporum. BISHOP BARLOW'S DOCUMENTS 79 or date of consecration, ^ when this writ is presented ; although, when such proof is brought, and a bishop claims In virtue of it to have precedence above others who although consecrated later than himself have taken their seat in the House before him, it Is their duty to determine how the rights of precedence really stand. Barlow could claim also by the ordinary Canon Law to be summoned to Convocation, and to sit and vote there with the other bishops, nor had he any reason to doubt that Cranmer would duly summon him ; and summon him also, as the King had already done to the House of Lords, as Bishop of St. David's and not merely as Bishop Elect. There was only one thing In fact still wanting to make Barlow's position complete, and that was the power of Holy Order. From a canonical point of view at all events, however the matter might have been ruled by the secular lawyers in view ofthe powers ofthe Supreme Head, Barlow still could not confirm and he could not ordain. His confirmations and ordinations would have been invalid in the eyes of the Church, however they might have been regarded by the law of the land. But there his disabilities ended. Everything else that a bishop could do he could do validly and lawfully, by the laws ofthe Church as well as by the law of England. He could assist at the consecration of other bishops and join in the imposition of hands, for that Is primarily an act of jurisdiction, signifying official concurrence with the consecrator's action, and only secondarily and ! See the Journals of the House of Lords for the period. The phrase is Hod'ie allatum est Regium Breve . . . Episcopo directum . . . qui presens admissus est ad suum Eminenciae locum salvo cuipiam jure. An extract is printed infra, p. 185. 8o ANGLICAN ORDERS accidentally an act of the power of order — if indeed It is ordinarily an act of order at all. Abbots and other priests of dignity can be commissioned to join in the imposition of hands when bishops are not available, and bishops elect and confirmed, though not yet consecrated, are always allowed to do so. The only acts belonging to a bishop which flow from the power of Holy Order are confirmation and ordination, and these, consequently, were the only episcopal actions which Barlow was still Incapable of performing validly by the Canon Law. It Is a question which is of the greatest interest, whether he did or did not actually perform these acts In Henry's lifetime ; for there Is no doubt that he did in his later years, as can be proved by an inspection of the dio cesan registers of Chichester. But for Henry's reign we have no means of discovering how matters lie. The diocesan records of St. Asaph's and St. David's, and also those of Bath and Wells are all missing for Barlow's time, although extant both before and after his episcopate, and so the evidence we require has been rendered inaccessible. Another interesting question, which again we have no means of answering, is whether or not Barlow was made, like every other bishop of his time, to take out a licence from the King to give him permission to exercise his office. The original document would be pretty certain to have perished In any case, and as these licences were not issued under the Great or even the Privy Seal, but under Henry's special Seal for ecclesiastical matters, depending on his supremacy, they did not need any formal authority for their issue, nor were they enrolled on either the Patent or the BISHOP BARLOW'S DOCUMENTS 8i Close Rolls. We have, therefore, no means left to us of ascertaining whether one was actually Issued to Barlow or not. If a licence was Issued, and if it ran in the usual form, it will have contained the grant of the King's authority to ordain and to do all other episcopal actions. If the whole circumstances of the case be taken into consideration there will be few who will doubt that a licence of this sort was issued in due course, and that Barlow, holding it, was rendered fully competent In his own eyes and in those of the King to ordain such clergy as were needed for the diocese of St. David's, and to use the full powers of a bishop in every way. But of this, unless either the royal licence or else the diocesan registers of St. David's should still exist In some private library, which Is scarcely likely to be the case, we shall never be able to produce actual proof, nor to clear up beyond dispute the real nature of the situation. There Is one more question which it is Interesting and important to ask at this juncture. It Is, how far the Chapter and Diocese of St. David's under stood how matters had been arranged. Was Barlow's position as a bishop made by the sole authority and power of the King acting as Supreme Head of the Church of England generally realised, or was the knowledge of it confined to the very small number of highly placed officials who could not be kept from knowing what was going on ? The answer to this question seems to be given us by the documents themselves. What could be the object of the signifi cant divergence between the wording of the documents intended for St. David's and of those which belong to St. Asaph If it were not to make the Precentor and 82 ANGLICAN ORDERS Canons of St. David's imagine that Barlow had been already consecrated as Bishop of St. Asaph and that It was a case of an ordinary translation from one diocese to another ? We may take it for granted that the Chapter did not know the real facts, but took Barlow for a consecrated bishop, and that, If they did not know, the knowledge was confined to the very limited circle of the King, Cranmer and Cromwell, with a few other highly placed and confidential officials who could be relied upon to do whatever the King wished and to keep his secrets inviolate. But In that case. It may be urged, how was the King's object attained ? If his purpose was the increase of the Royal Prerogative and the Institution of a hierarchy owing everything, and not merely their appointment to himself, then publicity was essential. Why then was the matter kept secret .'' The answer would seem to be that Barlow's case was of the nature of a ballon d'essai, to make practical trial how far the existing law, without any change whatever, would allow the King to go in this direction. No law whatever, so far as the letter of it was concerned, was contravened by what was done. The King with held the issue of the Significavit. That was all, Nor was there any power by which he could be forced to Issue It. If he did not, but acted as he did In Barlow's case, the event had proved that he could get a purely State bishop In each individual case. If he chose to • go on he could obtain as many bishops of this kind as he pleased, bishops with the power of jurisdiction, but lacking the power of order. The succession could be kept up, if it was desired, by a few bishops of the old sort. The possibility of doing all this was proved BISHOP BARLOW'S DOCUMENTS 83 by the Barlow case. But Henry had not made up his mind fully whether he would do it. Hence he kept what he was doing a secret. In the event he deter mined not to carry the scheme further. In the interval between the time when the Barlow scheme was initiated in November or December 1535, and the next epis copal vacancy in April 1536, the whole situation had changed as on the turn of a kaleidoscope. Catherine of Aragon had died In January, and he was free to marry again, as soon as he had got rid of Anne Boleyn. That freedom he achieved in May. The foreign dangers had passed away. The Pope's excommunica tion was suspended. There was no longer any danger from the Emperor or from France, and therefore no need to join up with the Protestants of the North. The bishops In England were completely subservient, and were giving no trouble in the matter of the destruc tion of the monasteries. So the scheme was given up for the time, and though in 1 540 Henry showed signs of wishing to take it up afresh, it was never again put into action. Barlow remained the only State bishop. In the Danish sense, to be found In England. But Henry was not a person who liked recanting, and so Barlow remained unmolested, even during the re action of Henry's later years, with his secret known to few except himself. In order that the King might save his face, and not have to acknowledge the fact that he had once plotted with Cranmer and Cromwell and that the plot had miscarried and come to a profit less and futile conclusion. The form of Barlow's Grant of Custody suggests that after all Henry's main object may have been pecuniary. He was In desperate need of money, and 84 ANGLICAN ORDERS was obtaining it at this very time by the robbery of the Church through the destruction of the monasteries. The possessions of the bishops offered another rich field for plunder. If they were once consecrated these possessions were theirs In freehold. But till they were consecrated they were the King's, and he could deal with them as he would. The temporalities of St. David's were Inconsiderable, but Winchester, Durham and York, among others, were very rich. If the same process were repeated in the case of one of these, there would be no need for the King to grant custody of the whole of the temporalities. He could grant just what he pleased and retain the rest. The advantage to the royal exchequer is obvious and might be exceedingly important. Queen Elizabeth knew this when she kept the rich see of Ely vacant for so many years. Legalised robbery of the Church has been in all ages a popular method of refilling the depleted coffers of the State. CHAPTER V THE CONSECRATION OF ARCHBISHOP PARKER AND THE ATTACK ON BISHOP BONNER There were five sees which chanced to be vacant at the moment when Queen Mary died, on November 1 7, 1558, and to these Canterbury was at once added, the death of Cardinal Pole, perhaps happily for him, taking place only a few hours after that of Mary. Before the new Queen had been on the throne a mcnth the number of sees vacant was further Increased by the death of four bishops more. By the end of 1558, before any changes had been introduced in religious matters, there were only seventeen of the dioceses In England and Wales which still had a bishop. A few more months passed away, and even this scanty band began to be thinned yet more by depri vations. Parliament had been at work in the mean time, and It was no longer doubtful to anyone what the policy of the new Queen was to be in matters ecclesiastical. The Royal Supremacy was restored, but only after a fierce struggle, and with the title of ' Supreme Governor ' substituted for that of ' Supreme Head.' The Second Prayer Book of Edward VI was revived, the papal jurisdiction had been once more abolished, and matters were now ready for proceeding 86 ANGLICAN ORDERS against the small band of the surviving bishops, all of whom stood firm and unmoved, recording their votes in the House of Lords steadily and unanimously against each change that was proposed. On May 23, 1559, a commission was issued to a body of eighteen laymen to administer the new Oath of Supremacy to the bishops and others who had been ordered by Parliament to take it, and the last thinning of the episcopal ranks at once began. We can best date the various deprivations by noting the times at which the spiritualities in each diocese passed into other hands. The spiritualities of London were seized June 2, 1559 ; those of Lichfield, June 24 ; Worcester, June 30 ; Lincoln, July 2 ; St. Asaph, July 1 5 ; Winchester, July 1 8 ; Peterborough, Novem ber 1 1 ; Exeter, November 1 6 ; and Ely, November 23. The spiritualities of York came Into the hands of the Dean and Chapter on February 3, 1559-60, although Heath, the Archbishop, had been in trouble as early as July 5> 1559- The Queen was In no great hurry to fill the vacant sees. To begin with, while they were vacant the revenues all belonged to the Crown, and this was no small matter at a time when the Crown needed money very badly indeed. Then, too, she had designs on a great many manors and other possessions which be longed to these bishoprics, and ' exchanges ' and other rearrangements, all tending very much to the advan tage of the Crown, were carried through more readily while they were vacant than when the vested interests of a bishop actually in possession had to be considered. But not even Elizabeth could keep all England without bishops for an Indefinite period, and by the middle of CONSECRATION OF PARKER 87 1559 it was already clear that something must be done, without any very prolonged delay, to fill the vacant sees, and to provide the Church of England with a new set of rulers. Matthew Parker, formerly Master of Benet Col lege (Corpus Christi) at Cambridge, who had been also Dean of Lincoln under Edward VI, had been selected for the post of Archbishop of Canterbury as early as March 1559. He shrank from the responsi bility, but his scruples were overborne ; the Conge d'elire was issued to the Dean and Chapter with Letters Missive containing his name as the person whom they were commanded to elect, and accordingly he was returned as duly elected, though only four prebendaries would attend to vote, on August i. The next step was to confirm the election, a duty which would normally have fallen to the Archbishop of York, but the Archbishop, even If not already deprived, was out of favour, and, moreover, would refuse to act. The proper course for the Crown to take under these circumstances was to Issue a com mission to four other bishops, and this was accordingly done. There were at the time five other bishops still remaining in possession of their sees : Tunstall of Durham, Bourne of Bath and Wells, Pole of Peter borough, TurbeviUe of Exeter, and Kitchin of Llan daff. The hope was apparently still entertained that some of these might yet be induced to act. A com mission was therefore issued, on September 9, to Tun stall, Bourne, Pole and Kitchin, joining with them two of the returned exiles. Barlow and Scory.^ As Canon 1 Pat, I, Ehz. p. 2, m. I. Rymer, Foedera, xv. 541. 88 ANGLICAN ORDERS Estcourt has remarked, it is hard for us to understand * how anyone could hope that a Commission would be executed which bore so gross an insult on the face of it. Not merely to require them to consecrate a married priest, notoriously suspected of heresy, but to join with them two suspended excommunicated ecclesiastics, calling themselves Bishops, relapsed heretics and apostate Religious, was sufficient of itself to prevent the execution of the Mandate.' We must note also, although we do •'not know for certain, that they may have been asked to use a form of ordination which had already been formally adjudged invalid by the authorities at Rome. There Is no record whether they were ever definitely cited, nor in what manner their refusal was given. But Tunstall was deprived on the 28 th ofthe same month of September, Pole was deprived November 4, and for Bourne a commission was Issued on October 18, to tender to him the Oath of Supremacy and directing the steps to be taken in the event of his refusal. By this time the Government was in a position of real difficulty. The Act required not bishops merely, but ' Bishops within the realm,' that is to say bishops in possession of actual sees, and except Kitchin of Llandaff, there was none remaining. For a short period it looks as If Elizabeth and Cecil must have given up the attempt and determined to have State bishops after the Danish manner, without consecration but only appointed by Letters Patent from the Crown. They took power to do this by the Incorporation into the Act of Supremacy ^ of a Bill which had ' Strype, Annals, ii. 59. CONSECRATION OF PARKER 89 passed both houses In March, entitled 'A Bill for the collation of Bishops by the Queen's Highness and without rites or ceremonies.' Some such plan seems the only explanation of a variety of facts which seem to look in that direction. Chief among these is a document under the Great Seal, dated October 20, and appointing Parker, Grindal and Cox, all as full bishops and not bishops-elect, to act as commissioners for administering the Oath of Supremacy.^ Another similar document is the issue to Parker by the Heralds' College of a coat of arms, again as full archbishop, on November 28. Parker himself at this period took to signing himself as Matthew Cantuar, and Jewel and others speak of him as Archbishop of Canterbury with no qualification. He was certainly given the right to reside at Lambeth, though no actual grant of custody seems to have been Issued. This theory again, if It be true, would explain the words of Catholic controversialists such as Stapleton and Bristow, who were in a position to know, since they were still in England at the time, and who say definitely that the new bishops were appointed at first only by Letters Patent and later by the ceremony of consecration. There is absolutely no evidence, however, to show that any such Letters Patent were ever actually issued. But be all this as it may, the idea of finding bishops of some kind, even if no diocesan bishops were avail able, was soon taken up again. There is a paper extant ^ giving the course of action which in the writer's opinion should be followed. It is annotated on the 1 Rymer, Fcedera xv. 546. 2 State Papers, Domestic, EUzabeth, 1559, July, p. 135. It is printed in fuU by Estcourt, who also gives a facsimile. 90 ANGLICAN ORDERS left side in Cecil's handwriting and on the right in Parker's. Cecil has written In one place * There Is no Archbishop nor four Bishops now to be had.' How ever, they had to get forward somehow, and a new com mission was Issued on December 6, in which the places of the bishops who had been deprived were taken by four more of the exiles : Coverdale, who had been Bishop of Exeter, Bale, who had once been Bishop of Ossory in Ireland, and two suffragans, Hodgkins of Bedford and Salisbury of Thetford. Any four of this commission might act. Bishop Kitchin of Llandaff, who had apparently not joined in the refusal of his fellow-bishops, keeps his place in this second com mission, the only one of the Marian bishops who did so, but he did not join In the consecration. There was another difficulty which was troubling the Govern ment, arising out of the legal position of the Ordinal of Edward VI. As a Catholic consecration was then still hoped for, it had not received the authority of Parliament in the session which had since come to an end. Cecil makes a note to that effect on the paper already mentioned. To remedy these defects, and especially the defect that none of the bishops named in the commission, with the one exception of Kitchin, had any episcopal jurisdiction within the realm, a very singular clause was added to the commission. By this clause the Queen undertook, out of the plenitude of her royal authority as Supreme Governor, to make good and to supply any possible legal defects which might arise out of the unusual facts of the situation. ^ That It was ^ The fuU text is : 'Supplentes nihilominus suprema auctoritate nostra ex mero motu et certa scientia nostris, si quid aut in his quae juxta CONSECRATION OF PARKER 91 the want of jurisdiction in the bishops, rather than the lack of authorisation ofthe Ordinal which was especially the cause of this clause supplentes nihilominus, is shown by the fact that It occurs only In this one commission for Archbishop Parker, and was not repeated In the documents ofthe bishops who followed later ; although the defect of Parliamentary authority was just as pressing in each of these cases as in that of the Archbishop himself. Still It is hard to believe that so widely drawn and all-embracing a dispensation as this was really only meant to supply the lack of territorial jurisdiction. The words applying to the possible defects in persons are these, conditio, status, facultas, and these are doubt less used in their strict legal and canonical sense. Of these facultas would alone have covered sufficiently the want of jurisdiction. Status and conditio are of wide meaning, and a formal opinion was given on the point by the late Mr. J. R. Hope Scott, Q.C., a very eminent authority, to the effect that he thought ' there could be no question but that even the want of consecration in the consecrators would, in those times, have been held to have been cured by the language of this commission.' One is inclined to wonder whether this may not be the true explanation, and that Cecil, at least, knew of Barlow's position, and that he caused this strange dispensation to be drawn up In these wide terms in order to cover the difficulty which he knew of, although mandatum nostrum pradictum per vos fient aut in vobis vel vestrum aliquo conditione statu facultate vestris ad pr