More was quite prepared to swear to the succession of Elizabeth. Parliament had, in his eyes, a plain right to decide who should wear the crown, and the doctrine of divine hereditary kingship does not come in till the Stuarts. But this mere willingness to comply with the letter of the law was not sufficient. More’s silent want of sympathy with the divorce, and with the breach it involved with Rome, was intolerable to Henry, who had counted More amongst his dearest friends; for friend or foe, in Henry’s power, could only live by abject agreement with the royal pleasure. No king had three more faithful servants than Henry VIII. had in Thomas Wolsey, Thomas More, and Thomas Cromwell, and no king destroyed his ministers with such fierce caprice. Sir Thomas More, unable to take the oath, was sent to the Tower in April, 1534, Bishop Fisher having already been lodged there. In November parliament met again, and passed the Act of Supremacy, making Henry VIII. “the supreme head of the Church of England,” and declaring that on and after the first of February, 1535, it was high treason “to deprive the king’s most royal person, the queen’s, or their heirs apparent of their dignity, title or name of their royal estates, or slanderously and maliciously publish or pronounce, by express writing or words, that the king, our sovereign lord, should be heretic, schismatic, tyrant, infidel, etc.” Under this act Sir Thomas More was to be assailed and to die. That the martyrdom was a “judicial murder” is plain--to Lord Campbell it was “the blackest crime that ever has been perpetrated in England under the form of law.”[90] The indictment was for treason, and on July 1st, a week after Bishop Fisher’s execution, Sir Thomas More was brought before the judges. To the charge of having refused the king, “maliciously, falsely, and traitorously, his title of supreme head of the Church of England,” More answered that the statute had been passed while he was in prison, and that he was dead to the world, and had not cared about such things--“your statute cannot condemn me to death for such silence, for neither your statute nor any laws in the world punish people except for words and deeds--surely not for keeping silence.” “To this the king’s proctor replied that such silence was a certain proof of malice intended against the statute, especially as every faithful subject, on being questioned about the statute, was obliged to answer categorically that the statute was good and wholesome.” “Surely,” replied More, “if common law is true, and he who is silent seems to consent, my silence should rather be taken as approval than contempt of your statute.” To the first article charging him with having always maliciously opposed the king’s second marriage, More had answered that anything he had said had been according to his conscience, and that for “this error,” he had already suffered fifteen months’ imprisonment, and the confiscation of his property.