[270] LEGRAND, vol. iii. p. 458.  The Grand Master to the King of France:—­De l’autre part, adventure il n’est moins a craindre, que le Roy d’Angleterre, irrite de trop longues dissimulations, trouvast moyen de parvenir a ses intentions du consentement de l’Empereur, et que par l’advenement d’un tiers se fissent ami, Herode et Pilate.

[271] Ibid. vol. iii. p. 467, etc.

[272] Letter from the King of France to the President of the Parliament of Paris. Rolls House MS.

[273] Letter from Reginald Pole to Henry VIII. Rolls House MS.

[274] Pole to Henry VIII. Rolls House MS.

[275] BURNET, Collectanea, p. 429.

[276] State Papers, vol. i. p. 377.

[277] BURNET’S Collectanea, p. 436; State Papers, vol. i. p. 378.

[278] It is not good to stir a hornet’s nest.

[279] BURNET’S Collectanea, p. 431.

[280] Ibid. p. 48.

[281] Preface to LATIMER’S Sermons.  Parker Society’s edition, p. 3.

[282] “King Harry loved a man,” was an English proverb to the close of the century.  See SIR ROBERT NAUNTON’S Fragmenta Regalia, London, 1641, p. 14.

[283] Sir George Throgmorton, who distinguished himself by his opposition to the Reformation in the House of Commons.

[284] BURNET’S Collect, p. 429.

[285] A Glasse of Truth.

[286] Ibid. p. 144.

[287] 35 Ed. I.; 25 Ed. III. stat. 4; stat. 5, cap. 22; 27 Ed. III. stat. 1; 13 Ric.  II. stat. 2, cap. 2; 16 Ric.  II. cap. 5; 9 Hen.  IV. cap. 8.

[288] CAVENDISH, p. 276.

Gardiner has left some noticeable remarks on this subject.

“Whether,” he says, “a king may command against a common law or an act of parliament, there is never a judge or other man in the realm ought to know more by experience of that the laws have said than I.

“First, my Lord Cardinal, that obtained his legacy by our late Sovereign Lord’s requirements at Rome, yet, because it was against the laws of the realm, the judges concluded the offence of Premunire, which matter I bare away, and took it for a law of the realm, because the lawyers said so, but my reason digested it not.  The lawyers, for confirmation of their doings, brought in the case of Lord Tiptoft.  An earl he was, and learned in the civil laws, who being chancellor, because in execution of the king’s commandment he offended the laws of the realm, suffered on Tower Hill.  They brought in examples of many judges that had fines set on their heads in like cases for transgression of laws by the king’s commandment, and this I learned in that case.

“Since that time being of the council, when many proclamations were devised against the carriers out of corn, when it came to punish the offender, the judges would answer it might not be by the law, because the Act of Parliament gave liberty, wheat being under a price.  Whereupon at last followed the Act of Proclamations, in the passing whereof were many large words spoken.”