Page:History of England (Froude) Vol 3.djvu/350

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REIGN OF HENRY THE EIGHTH.
[ch. 17.

of the German princes, but had gained the Emperor instead.'[1] Both the loss and the gain were alike welcome to the English conservatives. The latter, happy in their victory, and now freed from all impediments, had only to follow up their advantage.

On the 12th of July the persecuting bill was passed, and the Tithe Bill also, after having been recast by the Commons.[2] On the 16th the Six Articles Bill was moderated, in favour not of heresy, but of the more venial offence of incontinency. Married clergy and incontinent priests by the Six Articles Bill were, on the first offence, to forfeit their benefices; if they persisted they were to be treated as felons. The King's Highness, graciously considering 'that the punishment of death was very sore, and too much extreme,' was contented to relax the penalty into three gradations. For the first offence the punishment was to be forfeiture of all benefices but one; for the second, forfeiture of the one remaining; for the third, imprisonment for life.[3] A few days later the extension given to the prerogative, by the Act of Proclamations, was again shortened by communicating to the clergy a share of the powers which had been granted absolutely to the Crown; and

  1. Pate to the Duke of Suffolk: State Papers, vol. viii. p. 412.
  2. No draft of the bill exists in its original form. As it passed it conferred on lay impropriators the same power of recovering tithes as was given to the clergy. The members of the Lower House had been, many of them, purchasers of abbey lands, and impropriated tithes formed a valuable item of the property. It is likely that the bishops overlooked, and that the commons remembered this important condition.—Lords Journals, 32 Henry VIII. Session of July 12.
  3. 32 Henry VIII. cap. 10.