It does not seem that the Act met with any decided opposition at the
time that it was passed; but there were still sticklers for clerical
immunities, who regarded it as a dangerous innovation, and during the
session of Parliament in 1515 the Abbot of Winchcombe preached a sermon
in which he denounced it as an impious measure. Henry VIII. adopted a
course which afterwards stood him in good stead in dealing with the
Church; he submitted the question to a commission of divines and
temporal peers. In the course of the discussion Standish, the Warden of
the Friars Minors, put the point clearly and sensibly by saying, "The
Act was not against the liberty of the Church, for it was passed for the
weal of the whole realm." The clerical party were not prepared to face
so direct an issue, and answered that it was contrary to the decretals.
"So," replied Standish, "is the non-residence of bishops; yet that is
common enough." Baffled in their appeal to law the bishops fell back
upon Scripture, and quoted the text, "Touch not mine anointed." Again
Standish turned against them the new critical spirit, which destroyed
the old arguments founded on isolated texts. David, he said, used these
words of all God's people as opposed to the heathen; as England was a
Christian country the text covered the laity as well as the clergy. It
was doubtless galling to the clerical party to be so remorselessly
defeated by one of their own number, and their indignation was increased
when the temporal lords on the commission decided against the Abbot of
Winchcombe and ordered him to apologise.
The bishops vented their anger on Standish, and summoned him to answer
for his conduct before Convocation, whereon he appealed to the king.
Again Henry appointed a commission, this time exclusively of laymen, to
decide between Standish and his accusers. They reported that
Convocation, by its proceeding against one who was acting as a royal
commissioner, had incurred the penalties of præmunire, and they added
that the king could, if he chose, hold a parliament without the lords
spiritual, who had no place therein save by virtue of their temporal
possessions. Probably this was intended as a significant hint to the
spirituality that they had better not interfere unduly with
parliamentary proceedings. Moreover, at the same time a case had
occurred which stirred popular feeling against the ecclesiastical
courts. A London merchant had been arrested by the chancellor of the
Bishop of London on a charge of heresy, and a few days after his arrest
was found hanging dead in his cell. Doubtless the unhappy man had
committed suicide, but there was a suspicion that his arrest was due to
a private grudge on the part of the chancellor, who was accused of
having made away with him privily. Popular feeling waxed high, and the
lords who gave their decision so roundly against Convocation knew that
they were sure of popular support.
Public-domain text, read in full here on John Shaqi.
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