Showing posts with label Lord Chancellor. Show all posts
Showing posts with label Lord Chancellor. Show all posts

Saturday, September 10, 2022

Thomas Wolsey, Archbishop, Named a Cardinal

On the 10th of September in 1515, Pope Leo X, who would later name Henry VIII "Defender of the Faith" (on October 11, 1521), elevated the Archbishop of York, Thomas Wolsey, to the office of Cardinal. Christopher Cardinal Bainbridge, his predecessor as Cardinal and Archbishop of York, had died on July 14, 1514 in Rome.

As this biography by Glenn Richardson from History Extra demonstrates, this was just another step in Wolsey's rise to power and influence in England:

Known for: Being England’s greatest medieval cardinal. Wolsey had a brilliant mastery of foreign policy, as well as the legal and ecclesiastical administration of England under King Henry VIII. He organised three major peace treaties which improved Henry’s strategic position when war did not succeed. Wolsey oversaw Parliament and the Court of Chancery, introduced legal changes and exercised crown authority over nobles and commoners alike. He also oversaw the running of the church in England, countered Lutheran heresy and introduced monastic and educational reforms. Most famously, however, he could not secure from Pope Clement VII the annulment of Henry’s marriage to Catherine of Aragon.

Responsibilities: He was made the royal almoner (responsible for charitable giving) and royal counsellor in 1509. He became quarter-master general of war against France in 1512–3. Wolsey was made Bishop of Tournai in 1513, Bishop of Lincoln and then Archbishop of York in 1514. Pope Leo X created him Cardinal Saint-Cecilia-beyond-Tiber in 1515. The same year, Henry made him lord chancellor of England. In 1518 he became a papal legate (high representative), confirmed for life in 1524. He was also abbot of St Albans and successively bishop of Bath and Wells (1518–23); Durham (1523–9), and Winchester (1529–30).

When Pope Leo X died, Henry VIII wanted his Lord Chancellor to be elected as Pope and was willing to spend money at the conclave of 1521-1522, although he would have been happy if Giulio de' Medici, Cardinal Protector of England from 1514 to 1518, would have succeeded. Instead, Adriaan Floriszoon Boeyens was elected and reigned as Pope Adrian VI for little more than a year--then Cardinal Medici was elected and reigned as Pope Clement VII. (Henry thought his former Cardinal Protector would continue to serve England's--his--interests as Pontiff!)

But as the article later notes, Wolsey would fall from power because of that failure, highlighted above, to secure the annulment Henry VIII sought from that former Cardinal Protector of England:

Thomas Wolsey fell from power in October 1529, in the aftermath of his inability to obtain an annulment of the king’s marriage to Catherine of Aragon. Virtually from the outset of the campaign in 1527, Henry was convinced of the rightness of his cause. The outcome of the legatine trial of the marriage at Blackfriars in July 1529 was Catherine’s direct appeal to Rome, and a consequent campaign of intimidation against the church in England. Following this outcome, Wolsey lost favour with Henry and last saw the king at Grafton in September 1529.

Glenn Richardson is the author of the latest biography of Thomas Wolsey, and he concludes this History Extra article with a point that his biography, according to the publisher's blurb, contends:

On 17 October, Wolsey was commanded to surrender the Great Seal of England he held as Chancellor, and in April 1530 travelled to York, finally to take up his seat as its archbishop. On 4 November, however, he was arrested for treason for allegedly plotting outside the realm, seeking to have himself restored to power. In reality, there was little substantial evidence for the charge.

History Extra also provides an analysis of Anne Boleyn's role in Wolsey's fall.

Wednesday, May 29, 2019

One of Wolsey's Predecessors: Thomas Rotherham


Yesterday, we celebrated Blessed Margaret Pole, survivor of the Wars of the Roses and martyr during Henry VIII's English Reformation. Today, some biographical information about a Lord Chancellor and Archbishop of York at the end of those Wars and the beginning of the Tudor Dynasty, Thomas Rotherham, from the Dictionary of National Biography. He was Keeper of the Privy Seal and Lord Chancellor for King Edward IV and concelebrated his Funeral Mass, and then he sided with Edward's widow and heirs:

Rotherham's fidelity to Elizabeth led to the forfeiture of the chancellorship. At the death of Edward IV (9 April 1483) the vantage of power seemed in the queen and her kindred. Before the month closed the boy king was in Gloucester's hands, the queen's brother, Lord Rivers, and her son, Lord Grey, were imprisoned, and the queen herself was seeking sanctuary. Lord Hastings assured Rotherham that there was no danger to the young king, and that all would be well. ‘Be it as well as it will,’ was Rotherham's reply, ‘it will never be as well as we have seen it.’ He hastened with his retinue of servants in the middle of the night to the queen, and found her sitting on the rushes among the trunks and household stuff for her use in sanctuary. Rotherham assured her of his loyalty, declared that if anything should happen to the young king he would crown the next brother, the Duke of York, who was still with the queen, and, as the greatest proof of faithfulness he could give, put the great seal into her hands. This surrender was of course indefensible, and after a few hours' reflection he sent for the seal again. But for his action that night he was deprived of office before the end of May, and on 13 June, concurrently with the hurried and brutal execution of Hastings, he was thrown into prison. In some editions of the ‘History of Richard III’ assigned to Sir Thomas More, and in Holinshed's and Stowe's ‘Chronicles,’ Rotherham appears as a consenting party to the next move of the Duke of Gloucester, by which he gained the delivery of the little Duke of York out of his mother's hands in sanctuary through Bourchier the archbishop of Canterbury; but the actual date of that transaction (16 June) given by the Croyland continuator proves that Rotherham was then in prison. After the coronation of Richard at the beginning of July he was released. But he took no share in the splendid reception of the king and queen shortly afterwards at York. According to the York register, although Richard lodged at the archbishop's palace, Rotherham himself was not present, the bishop of Durham being the officiating prelate (, Hist. of the Metropolitan Church of York, pp. 260–1). He did not wholly withdraw from public affairs. He appears as one of the commissioners at Nottingham for managing a marriage ‘between the Prince of Scottes and one of the Kinge's blood’ (1484), and was among the triers of petitions in the parliaments of Richard and Henry VII until 1496. He attended, although ‘not in pontificals,’ the creation of Henry (afterwards Henry VIII) as Duke of York, and at the three days' jousts which followed (1494) (Gairdner, Letters … illustrative of the Reigns of Richard and Henry VII, pp. 64, 393, 403).

Rotherham ranks among the great benefactors of the two English universities. Oxford lay within his diocese of Lincoln, and he was visitor of Lincoln College. At the time of his first visitation (1474) the college was in great distress. Through the carelessness of a scribe the charter it had received from Edward IV about twelve years before had been so drawn that the crown claimed to resume its grants to it. In the course of a sermon before the bishop, the rector, or one of the fellows, described the desolate condition of the college, and appealed to him for help. Rotherham's response was immediate and thorough. For the present needs of the college he made it an annual grant of 5l. for his life. He afterwards built the southern side of the quadrangle. He impropriated the benefices of Long Combe and Twyford to the endowment; obtained from Edward IV a larger charter, which confirmed the college perpetually in its old rights of property, and in 1480 gave the college a new body of statutes. For these great services he was styled the second founder of Lincoln; his portrait, now removed, was placed in the Bodleian among the benefactors of Oxford and another portrait, in cope and mitre, with a crosier in his hand—the gift, according to tradition, of Bishop Saunderson—hangs in the college hall at Lincoln (Clark, The Colleges of Oxford, pp. 171–6). Cambridge, Rotherham's own university, chose him several times her chancellor (1469, 1473, 1475, 1478, 1483), and petitioned Gloucester to release him from captivity in 1483. The completion of the schools, which had been proceeding slowly for several years, was due to his munificence. The eastern front, with its noble gateway, and the library on its first floor, enriched by him with two hundred volumes, were his special work. His arms also are still visible on the tower of St. Mary's, which he helped to repair (Guest, Rotherham, p. 94; Robert Willis, Architectural Hist. of Cambridge, ed. Clark, iii. 13–15). He was elected also master of Pembroke Hall (1480), and held the office for six years, and perhaps longer (Wrenn MS.)

He died on the 29th of May in 1500. He appears in Shakespeare's Richard III, Act 2, Scene 4. His speech ends the scene:

My gracious lady, go;
And thither bear your treasure and your goods.
For my part, I'll resign unto your grace
The seal I keep: and so betide to me
As well I tender you and all of yours!
Come, I'll conduct you to the sanctuary.

Thursday, May 16, 2019

Sir Thomas More Resigns

Sir Thomas More resigned as Lord Chancellor of England on May 16, 1532 after the Convocation of Bishops met to discuss and accept Henry VIII's three articles on how they would follow his guidelines for Church governance, the Submission of the Clergy.

British History Online documents his resignation and surrender of the Great Seal in the Letters and Papers, Foreign and Domestic, Henry VIII, June 1532, 1-15:

1075. Delivery Of The Great Seal.

Memorandum that on the 16th May 24 Hen. VIII. the Great Seal, being in the custody of Sir Thos. More, chancellor of England, enclosed in a white leather bag sealed with his seal, was delivered into the King's hands in the garden of York Place by Westminster, about 3 o'clock p.m., in presence of Thos. duke of Norfolk, when the said Sir Thomas surrendered his office of Chancellor. And on Monday, 20 May, about 4 p.m., the King, at his manor of Plesaunce or Est Grenewych, in a certain inner chamber near his oratory, took the said Seal out of the bag in presence of Thos. duke of Norfolk, treasurer of England, Henry marquis of Exeter, Henry earl of Northumberland, Rob. earl of Sussex, Steph. bp. of Winchester, Sir Will. Fitzwilliam, treasurer of the Household, Brian Tuke, treasurer of the Chamber, Sir Will. Kyngeston, John Sampson, dean of the Chapel, Thos. Crumwell, keeper of the Jewels, and others of the Privy Chamber; and after inspecting the same, delivered it to Thos. Audeley, whom he ordered to be called keeper of the Great Seal, and to exercise all the functions of the Chancellor in the Chancery, Star Chamber, and Council. And the said Thomas received it, and therewith, in presence of the King, caused to be sealed certain letters patent of the stewardship of the manors of Lewsham and Est Grenewych in Kent granted to Henry Norres, and afterwards replaced it in the bag, and sealed it with his own seal, and retained it in his custody. The King also then made him a knight.

And on Wednesday, 5 June, the first day of Trinity term, the said Sir Thomas Audeley in the Court of Chancery at Westminster took his oath of office as keeper of the Privy Seal. (Form of the oath subjoined.)


About a month later, More wrote to Desiderius Erasmus an explanation for his resignation that emphasized his health:

The thing which I have wished for from a boy, dear Desiderius, which I rejoice in your having ever enjoyed, and myself occasionally,—namely, that being free from public business, I might have some time to devote to God and myself,—that, by the grace of a great and good God, and by the favour of an indulgent prince, I have at last obtained.

I have not, however, obtained it as I wished. For I wished to reach that last stage of my life in a state, which, though suitable to my age, might yet enable me to enjoy my remaining years healthy and unbroken, free from disease and pain. But it remaineth in the hand of God, whether this wish, perhaps unreasonable, shall be accomplished. Meantime a disorder of I know not what nature hath attacked my breast, by which I suffer less in present pain than in fear of the consequence. For when it had plagued me without abatement some months, the physicians whom I consulted gave their opinion, that the long continuance of it was dangerous, and the speedy cure impossible; but that it must be cured by the gradual alterative effects of time, proper diet and medicine. Neither could they fix the period of my recovery, or ensure me a complete cure at last.

Considering this, I saw that I must either lay down my office, or discharge my duty in it incompletely. And since I could not discharge that duty without the hazard of my life, and by so doing should lose both life and office, I determined to lose one of them rather than both. Wherefore, that I might consult the public good as well as my own welfare, I entreated of the kindness of my good and great prince, that from the high office with which (as you know) he honoured me by his incredible favour, far above my pretensions, above my hopes, above my wishes, he should now release me, sinking as I was under the weight of it.


That letter is documented in Henry VIII's State Papers:

1094. More to Erasmus.
Gives an account of his resignation of the chancellorship. Complains of the rapid progress of heretical doctrines, notwithstanding the efforts that have hitherto been made to repress them. Incorrect versions of the Scriptures, and heretical books of all kinds, make their way from Flanders into England. Has replied to several, and does not fear what the result will be with impartial judges. Chelsea, 14 June 1532.
Lat.

2. Erasmus to John Faber, Bishop of Vienne.
Enclosing the above letter, and speaking very highly in praise of More. States that cardinal Wolsey, who was a man of no small ability, said, when he saw no prospect of being restored to favor, that More was the only person who was fitted to succeed him, though he was not partial to More when he was alive. Gives an account of his house at Chelsea, and his family, and their mode of education. Encloses a copy of the epitaph composed by More for himself.
Lat.

Tuesday, April 30, 2019

Thomas More's Successor and Judge

Thomas Audley, 1st Baron Audley of Warren died on April 30, 1544--he managed to die safely in his bed with his head intact by serving Henry VIII very well. A lawyer by training, Audley served Cardinal Wolsey and served in Parliament, representing Essex and he continued to rise in office throughout Henry VIII's reign. 

Audley participated in the trials and executions of not only Thomas More and John Fisher, but also of Thomas Cromwell, and he sentenced the rebels of the Pilgrimage of Grace to death. For these and other services (the annulment of Henry VIII's marriage to Anne of Cleves, for instance), he was not only knighted but became a member of the Order of the Garter. He succeeded Thomas More in nearly several offices: as Chancellor of the Duchy of Lancaster and as Speaker of the House of Commons in 1529, as Lord Keeper of the Great Seal in 1532, and as Lord Chancellor in 1533. 

In August of 1534, when Thomas More had been in the Tower of London for four months, Audley visited Alice Alington, More's step-daughter (Lady Alice's daughter by her first marriage). He thought that Thomas More was being stubborn about the Oath of Succession and told Alice two Aesop fables to illustrate the issue. Margaret Roper wrote to her father, and More replied: thus The Dialogue on Conscience was composed.

And at the trial of St. Thomas More, Audley made two mistakes: first, he tried to pass sentence before letting More speak after being found guilty and second, he let More speak:

Interrupting Audley, More calmly stated: “My lord, when I was toward the law, the manner in such a case was to ask the prisoner before judgment why judgment should not be given against him.”

Audley was undoubtedly anxious about the role he was now playing in the condemnation of an old friend and honored colleague. This unease may well explain the departure he had made from established procedure. But that anxiety would have been even greater had he known what More was about to do.

Aware that his words would echo throughout England, throughout Europe, and throughout subsequent history, Sir Thomas More now brought into full play all of the rhetorical power and legal expertise that a lifetime of training had placed at his disposal. . . .


According to this parliamentary history website, there has been some controversy about his activity at these trials and about his religious positions:

If his knightly status exempted Audley from the trial of Anne Boleyn in 1536 (it was not he but John, 8th Lord Audley, who took part in this), he was involved in all the other state trials of these years. His conduct in these trials, and especially in More’s, has been much criticized but it deserves to be judged in the light of Audley’s own beliefs concerning the rights of the sovereign and the duties of the subject. No such criticism, despite occasional and clearly prejudiced charges of favouritism and corruption, can be levelled against his conduct as an equity judge, and even in cases of treason his attitude is illustrated by his advice in 1536 that the Duke of Suffolk should be armed against the Lincolnshire rebels with a commission to try cases of treason, showing that he took for granted, even in such circumstances, the necessity of a trial at common law.

Audley’s religious position is difficult to assess. A correspondent of Melanchthon named him with Cromwell and Cranmer as friends to Protestantism but, if he was, the friendship was always qualified by his allegiance to the King whose policies he faithfully carried out, a course which in general gives an impression of conservatism. Thus an anonymous enthusiast for the Act of Six Articles (31 Hen. VIII, c.14) again linked Audley with Cromwell as two men who, this time in contrast to Cranmer and to other bishops, had been ‘as good as we can desire’ in the furtherance of the measure. Audley was equally content to follow Cromwell’s lead and what few clashes there were between them arose largely out of minor questions of patronage.

Audley also benefited from the Dissolution of the Monasteries, receiving grants of Holy Trinity Priory in Aldgate, London (which had been founded by Queen Matilda or Maud, Henry I's wife) and Walden Abbey, where his grandson, Thomas Howard, 1st Earl of Suffolk built Audley End, which is now part of the English Heritage program. He founded Magdalene College at the University of Cambridge in 1542, after the Benedictine's Buckingham College was closed. 

Audley's title as 1st Baron Audley of Warren died with him. One of his daughters, Margaret, married Thomas Howard, the 4th Duke of Norfolk (who was executed by Elizabeth I).

Image source and copyright information: anonymous artist.

Wednesday, May 16, 2018

More Resigns, May 16, 1532

After the Convocation of Bishops offered their Submission of the Clergy to Henry VIII, Sir Thomas More resigned as Lord Chancellor on May 16, 1532, turning in the Great Seal. Sir Thomas Audley, who had succeeded him as Speaker of the House, was soon named Chancellor. On July 1, 1535, Audley would preside over More's trial.

Less than a month after his resignation, More wrote a letter to Erasmus, explaining why he had resigned:

The thing which I have wished for from a boy, dear Desiderius, which I rejoice in your having ever enjoyed, and myself occasionally,—namely, that being free from public business, I might have some time to devote to God and myself,—that, by the grace of a great and good God, and by the favour of an indulgent prince, I have at last obtained.

I have not, however, obtained it as I wished. For I wished to reach that last stage of my life in a state, which, though suitable to my age, might yet enable me to enjoy my remaining years healthy and unbroken, free from disease and pain. But it remaineth in the hand of God, whether this wish, perhaps unreasonable, shall be accomplished. Meantime a disorder of I know not what nature hath attacked my breast, by which I suffer less in present pain than in fear of the consequence. For when it had plagued me without abatement some months, the physicians whom I consulted gave their opinion, that the long continuance of it was dangerous, and the speedy cure impossible; but that it must be cured by the gradual alterative effects of time, proper diet and medicine. Neither could they fix the period of my recovery, or ensure me a complete cure at last.

Considering this, I saw that I must either lay down my office, or discharge my duty in it incompletely. And since I could not discharge that duty without the hazard of my life, and by so doing should lose both life and office, I determined to lose one of them rather than both. Wherefore, that I might consult the public good as well as my own welfare, I entreated of the kindness of my good and great prince, that from the high office with which (as you know) he honoured me by his incredible favour, far above my pretensions, above my hopes, above my wishes, he should now release me, sinking as I was under the weight of it.

More told Erasmus to ignore reports that he had left his office unwilling. He looked forward to studying, writing, and praying without having to steal hours from sleep. More continued to write apologetic works, according to this list of works from the Center For Thomas More Studies:

Dec., 1532; publ. Dec., 1533 “Letter against Frith”
Spring 1533 Confutation of Tyndale IV-VIII 
April 1533 The Apology of Sir Thomas More 
October 1533 The Debellation of Salem and Bizance
December 1533 The Answer to a Poisoned Book

Monday, May 16, 2016

May 16, 1532: Convocation Submits and More Resigns

On May 16, 1532, the Convocation of Bishops submitted to Henry VIII, accepting his terms for the future of the Church in England:

We your most humble subjects, daily orators and bedes­men of your clergy of England, having our special trust and confidence in your most excellent wisdom, your princely goodness and fervent zeal to the promotion of God's honour and Christian religion, and also in your learning, far exceed­ing, in our judgment, the learning of all other kings and princes that we have read of, and doubting nothing but that the same shall still continue and daily increase in your majesty­-

First, do offer and promise, in verbo sacerdotii, here unto your highness, submitting ourselves most humbly to the same, that we will never from henceforth [enact], put in ure, promulge, or execute, any [new canons or constitutions provincial, or any other new ordinance, provincial or synodal], in our Convocation [or synod] in time coming, which Convocation is, always has been, and must be, assembled only by your highness' commandment of writ, unless your highness by your royal assent shall license us to [assemble our Convocation, and] to make, promulge, and execute [such constitutions and ordinances as shall be made in] the same; and thereto give your royal assent and authority.

Secondly, that whereas divers [of the] constitutions, [ordinances,] and canons, provincial [or synodal,] which have been heretofore enacted, be thought to be not only much prejudicial to your prerogative royal, but also overmuch onerous to your highness' subjects, [your clergy aforesaid is contented, if it may stand so with your highness' pleasure, that ] it be committed to the examination and judgment [of your grace, and] of thirty-two persons, whereof sixteen to be of the upper and nether house of the temporalty, and other sixteen of the clergy, all to be chosen and appointed by your [most noble grace]. So that, finally, whichsoever of the said constitutions, [ordinances, or canons, provincial or synodal,] shall be thought and determined by [your grace and by] the most part of the said thirty-two persons [not to stand with God's laws and the laws of your realm, the same] to be abrogated and [taken away by your grace and the clergy; and such of them as shall be seen by your grace, and by the most part of the said thirty-two persons, to stand with God's laws and the laws of your realm, to stand in full strength and power, your grace's most royal assent and authority] once impetrate and fully given to the same.

On the same day, Sir Thomas More resigned as Chancellor of England, succeeded by Thomas Audley, another layman. While More had never been involved in Henry VIII's efforts to obtain a decree of nullity for his marriage to Katherine of Aragon so he could marry Anne Boleyn, More saw the direction things were going with the Submission of Clergy, as it was evident that Henry was dividing England from the universal Church. He would be called upon to introduce bills in Parliament that would make that separation law, so he resigned all his offices.

According to the Encyclopedia Britannica:

The office dates back to Edward the Confessor (1042–66), who followed the model of the Carolingian court when he appointed a chancellor. Until the 14th century the chancellor was invariably a priest and served as royal chaplain, the king’s secretary in secular matters, and keeper of the royal seal. All of the secretarial work of the royal household was handled by the chancellor and his staff of chaplains; the accounts were kept under the justiciar and treasurer, writs were drawn up and sealed, and the royal correspondence was carried out. This combination of duties, characteristic of the primitive administrative systems of the early Middle Ages, remained with the chancellorship into the early 21st century, although most of the office’s power, exemplified in the administrations of such great chancellors as Thomas Becket (d. 1170) and Thomas Cardinal Wolsey (d. 1530), ceased to exist centuries ago.

Much of the reason that the English chancellor did not develop into the head of government, as did his counterpart in the Holy Roman Empire, lies in the growth of his judicial duties. All petitions addressed to the king passed through the chancellor’s hands, and by the reign of Henry II (1154–89) the chancellor’s time was already largely taken up with judicial work. The office acquired a more definitely judicial character in the reign of Edward III (1327–77), when the chancellor’s court ceased to follow the king. The chancellor’s court was the direct precursor of the Court of Chancery, which was fused into the High Court of Justice in the Judicature Act of 1873. The Chancery Division of the latter is primarily responsible for equitable jurisdiction.

The position of the chancellor as speaker, or prolocutor, of the House of Lords dated from the time of the English Norman kings, when the ministers of the Curia Regis (“King’s Court”) sat ex officio in the commune concilium (“great council”) and Parliament. When the other officials ceased to attend Parliament, the chancellor continued to do so. He attended by virtue of his office, but since the early 18th century he has invariably been a peer. As speaker of the House of Lords, he differed considerably in his powers and duties from the speaker of the House of Commons. Although he put the question (i.e., call for a vote), he had no power to rule upon points of order. Unlike the speaker of the House of Commons, he often took part in debates.


Before Sir Thomas More's tenure as Chancellor, most of the holders of that office had been clerics (Archdeacons, Canons, Deans, Bishops, Archbishops). Like Audley, other laymen served in the office until toward the end of Edward VI's reign when Thomas Goodrich, the Bishop of Ely became Chancellor. He was removed from office when Mary I came to the throne, and then Stephen Gardiner, being freed from the Tower of London, resumed his office as Bishop of Winchester and became Lord Chancellor. When he died in 1555, Nicholas Heath, the Archbishop of York (just as Thomas Wolsey, More's immediate predecessor, had been!) was appointed; when Elizabeth succeeded, she removed him from that office, and a layman, Nicholas Bacon took the post. The office of Lord Chancellor changed drastically when Tony Blair was Prime Minister, losing its judicial responsibilities and transferring from the House of Lords to the Commons. More information about the office now here.

Saturday, May 16, 2015

From One Thomas to Another, to Another

On May 16, 1532, Sir Thomas More resigned as Chancellor of England and Lord Keeper of the Great Seal, succeeded by Thomas Audley in those offices--the latter on May 20, 1532 and the former on January 26, 1533. He would also succeed Thomas More as Speaker of the House of Commons when Parliament met again. His biography in the History of Parliament notes the delay in naming a Chancellor after More resigned:

The initial withholding of the office and title of chancellor from Audley, when he was named keeper of the great seal in May 1532, has yet to be explained. On 26 Jan. 1533, however, with the new parliamentary session only ten days away, he was made chancellor, and as soon as it opened he was succeeded as Speaker by Humphrey Wingfield. From then until the end of this Parliament, and at its successor of June 1536, Audley conducted business in the Lords, as More had done before him, without being a peer or having a vote. The most important Acts which passed the Upper House under his presidency also owed not a little to his legal skill: thus in the seventh session, the second to be held in 1534, the Act for first fruits and tenths (26 Hen. VIII, c.3) and that on murder and felonies in Wales (26 Hen. VIII, c.6) may have been largely his, and he polished, if he did not draft, the Treason Act (26 Hen. VIII, c.13). He was, however, not impeccable as is shown by the shortcomings in the bill he drafted for the suspension of Poynings’ Law, which required amendment shortly after its enactment in 1536 by the Irish Parliament; it may also have been through his negligence that the same Parliament had to pass a second subsidy Act. In 1539 he introduced, among others, bills for the law reform which, although rejected or allowed to lapse then, were to pass a year later as the Acts for wills (32 Hen. VIII, c.1), limiting prescriptions (32 Hen. VIII, c.2) and for shortening of the Trinity term (32 Hen. VIII, c.21). He also presented a memorial to the Lords in 1540 outlining several reforms, from which emerged Acts for lessees of lands (32 Hen. VIII, c.28) and against wrongful disseisin (32 Hen. VIII, c.33). After Cromwell’s fall the devising of government legislation became Audley’s undivided responsibility.

The same biography notes his participation in several trials, including that of Thomas More, and some confusion about his religious beliefs (was Audley a Catholic or a Protestant?):

If his knightly status exempted Audley from the trial of Anne Boleyn in 1536 (it was not he but John, 8th Lord Audley, who took part in this), he was involved in all the other state trials of these years. His conduct in these trials, and especially in More’s, has been much criticized but it deserves to be judged in the light of Audley’s own beliefs concerning the rights of the sovereign and the duties of the subject. No such criticism, despite occasional and clearly prejudiced charges of favouritism and corruption, can be levelled against his conduct as an equity judge, and even in cases of treason his attitude is illustrated by his advice in 1536 that the Duke of Suffolk should be armed against the Lincolnshire rebels with a commission to try cases of treason, showing that he took for granted, even in such circumstances, the necessity of a trial at common law.11

Audley’s religious position is difficult to assess. A correspondent of Melanchthon named him with Cromwell and Cranmer as friends to Protestantism but, if he was, the friendship was always qualified by his allegiance to the King whose policies he faithfully carried out, a course which in general gives an impression of conservatism. Thus an anonymous enthusiast for the Act of Six Articles (31 Hen. VIII, c.14) again linked Audley with Cromwell as two men who, this time in contrast to Cranmer and to other bishops, had been ‘as good as we can desire’ in the furtherance of the measure. Audley was equally content to follow Cromwell’s lead and what few clashes there were between them arose largely out of minor questions of patronage.12

Whatever Audley owed to Cromwell for his success, he served Henry VIII to coordinate the Attainder and condemnation of the Earl of Essex in 1542. Audley died in 1544 without a male heir and his baronetcy was extinct at this death. He was buried in the church of St. Mary the Virgin in Saffron Walden. Audley had purchased Walden Abbey and built his home there as Baron Audley of Walden. His Audley End was replaced, however, by the Jacobean manor house built by his grandson, Thomas Howard, the 1st Earl of Suffolk; it is now an English Heritage site.

Audley's daughter Margaret married first Lord Henry Dudley, the youngest son of John Dudley, the Earl of Northumberland who was executed during the reign of Mary I and then Thomas Howard, the 4th Duke of Norfolk who was executed during reign of Elizabeth I (but after Margaret had died in 1564). When she died, their son Thomas Howard inherited Audley End and the other properties at Saffron Walden--and yes, the name does refer to the valuable spice saffron as the saffron crocus was grown in the area, and is again today