h
death. The marriage of priests was subjected to the same punishment.
Their commerce with women was, on the first offence, forfeiture and
imprisonment; on the second, death. The abstaining from confession,
and from receiving the eucharist at the accustomed times, subjected the
person to fine, and to imprisonment during the king's pleasure; and if
the criminal persevered after conviction, he was punishable by death and
forfeiture, as in cases of felony.[*] Commissioners were to be appointed
by the king for inquiring into these heresies and irregular practices;
and the criminals were to be tried by a jury.

The king in framing this law laid his oppressive hand on both parties;
and even the Catholics had reason to complain, that the friars and nuns,
though dismissed their convent, should be capriciously restrained to
the practice of celibacy:[**] [15] but as the Protestants were chiefly
exposed to the severity of the statute, the misery of adversaries,
according to the usual maxims of party, was regarded by the adherents
to the ancient religion as their own prosperity and triumph. Cranmer
had the courage to oppose this bill in the house; and though the king
desired him to absent himself, he could not be prevailed on to give this
proof of compliance.[***] Henry was accustomed to Cranmer's freedom
and sincerity; and being convinced of the general rectitude of his
intentions, gave him an unusual indulgence in this particular, and
never allowed even a whisper against him. That prelate, however, was now
obliged, in obedience to the statute, to dismiss his wife, the niece of
Osiander, a famous divine of Nuremburg,[****] and Henry, satisfied with
this proof of submission, showed him his former countenance and favor.
Latimer and Shaxton threw up their bishoprics on account of the law, and
were committed to prison.

* 31 Henry VIII. c. 14. Herbert in Kenuet, p. 219.

** See note O, at the 3 end of the volume.

*** Burnet, vol. i. p. 249, 270. Fox, vol. ii. p. 1037.

**** Herbert in Kennet, p. 219.

The parliament, having thus resigned all their religious liberties,
proceeded to an entire surrender of their civil; and without scruple or
deliberation they made, by one act, a total subversion of the English
constitution. They gave to the king's proclamation the same force as
to a statute enacted by parliament; and to render the matter worse, if
possible, they framed this law, as if it were only declaratory,