THE ATTAINDER OF THOMAS CRUMWELL (Parl. Rolls, 32 Hen. 8, c. 62)

The final version of Thomas Cromwell’s attainder passed through Parliament on 28 June 1540, based on the assumption that his reformist books, bibles, instructions, and law changes were heresy. They based high treason charges on the argument with Stephen Gardiner on 31 March.

In their most humble ways showing to your most Royal Majesty, the Lords Spiritual and Temporal, and all your most loving and obedient Subjects, the Commons in this, your high Court of Parliament assembled, that where your most Royal Majesty, our Natural Sovereign Lord, is justly and lawfully, really entitled to be our sole Supreme Head and Governor of this, your Realm of England, and of the Dominions of the same; to whom, and to none other under God, the Kingly Direction, Order, and Governance of your most loving and obedient Subjects, and People of this your Realm, only appertained and belongs, and the which your most loving and obedient Subjects your Highness prudently and quietly, without any manner of disturbance, by a long time, most graciously has preserved, sustained and defended.

And your Highness, for the Quietness, Wealth, and Tranquility of your said humble and obedient Subjects, has made, and ordained, diverse and many most godly, virtuous, and wholesome Laws. And for due execution of the same, has not desisted to travel in your own most Royal Person, to support and maintain, as well the Laws or Almighty God, as the Laws by your Highness made and ordained, by due and condign Execution of the same Laws, upon the Transgressors offending contrary to the same. And your Majesty has always most virtuously studied and laboured, by all ways, and alt means, to and for the setting forth thereof, in such ways as might be most to the Honour, Glory, and Pleasure of Almighty God and for the common accord and wealth of this your Realm, and other your Dominions. And for the true execution of the same, has elected, chosen, and made diverse, as well of your Nobles as others, to be of your most Honourable Council, as to the Honour of a Noble Prince appertained. And where your Majesty has had a special Trust and Confidence in your said most trusty Counsellors, that the same, your Counsellors, and every of them, had minded and intended, and finally purposed to hear, followed, and pursued your most Godly and Princely Purpose, as of truth the more number hath most faithfully done. Yet nevertheless, Thomas Crumwell, now Earl of Essex, whom your Majesty took and received into your trusty Service, the same Thomas, then being a Man of very base and low degree, and far singular Favour Trust and Confidence, which your Majesty bore and had in him, and did not only erect and advance the same Thomas unto the state of an Earl, and enriched him with manifold Gifts, as well of Goods, as of Lands and Offices, but also him, Thomas Crumwell, Earl of Essex, did erect and make one of your most trusty Counsellors, as well concerning your Grace’s Supreme Jurisdictions Ecclesiastical, as your most high secret Affairs Temporal. Nevertheless, your Majesty now of late has found, and tried, by a large number of Witnesses, being your faithful Subjects, and Personages of great Honour, Worship, and Discretion, Thomas Crumwell, Earl of Essex, contrary to the singular trust and confidence which your Majesty had in him, to be the most false and corrupt Traitor, Deceiver, and Circumventor against your most Royal Person, and the Imperial Crown of your Realm, that has been known, seen, or heard of, in all the time of your most noble Reign.

Insomuch that it is manifestly proved and declared, by the Depositions of the Witnesses aforesaid, That Thomas Crumwell, Earl of Essex, usurping upon your Kingly Estate, Power, Authority, and Office, without your Grace’s Commandment or Assent, has taken upon himself to set at liberty diverse Persons being convicted and attainted of Misprision of High Treason, and diverse others being apprehended, and in Prison, for Suspicion of High Treason. And over that, many and diverse Times, at sundry Places in your Realm, for manifold Sums of Money to him given, most traitorously has taken upon him, by several Writings, to give and grant, as well unto Aliens, as to your Subjects, a great Number of Licenses for conveying and carrying of Money, Corn, Grain, Beans, Beer, Leather, Tallow, Bells, Metals, Horses, and other Commodities of your Realm, contrary to your Highness’s most Godly and Gracious Proclamations made for the Commonwealth of your People of your Realm in that behalf, and in Derogation of your Crown and Dignity. And Thomas Crumwell, elated and full of Pride, contrary to his most bounden Duty, of his own Authority and Power, with no regard for your Majesty Royal.

And further, taking upon him your Power, Sovereign Lord, in that behalf, diverse and many times most traitorously has constituted, deputed, and assigned many singular Persons of your Subjects to be Commissioners in many your great, urgent, and weighty Causes and Affairs executed and done in this your Realm, without the Assent, Knowledge, or Consent of your Highness. And further also, being a Person of as poor and low Degree, as few be within this your Realm, pretending to have so great a Stroke about you, our, and his, natural Sovereign Liege Lord, that he letted (made and allowed) Falsehoods. The said Thomas Crumwell, Earl of Essex, being a detestable Heretic, and being In himself utterly disposed to set and sow common Sedition and Variance among your true and loving Subjects, has secretly set forth and dispersed into all Shires, and other Territories of your Realm, and others of your Dominions, great Numbers of false erroneous Books. Whereof, many were printed and made beyond the Seas, and diverse others within this Realm, comprising and declaring, among many other Evils and Errors, manifest Matters to induce and lead your Subjects to diffidence, and refusal of the true and sincere Faith and Belief which Christian Religion binds all Christian People to have, in the most Holy and Blessed Sacrament of the Altar, and other Articles of Christian Religion, most graciously declared by your Majesty, by Authority of Parliament.

And certain Matters comprised in some of the said Books, has caused to be translated into our Maternal and English Tongue. And upon report made unto him by the Translator thereof, that the Matter so translated has expressly been against the said most Blessed and Holy Sacrament. Yet Thomas Crumwell, Earl of Essex, after he had read the same Translation, most heretically affirmed the same material Heresies so translated, to be good, and further has said that he found no fault therein, and over that, has openly and obstinately held Opinion That it was as lawful for every Christian Man to be a Minister of the said Sacrament, as well as a Priest.

And where also your most Royal Majesty, being a Prince of Virtue, Learning, and Justice, of singular Confidence and Trust, did constitute and make Thomas Crumwell, Earl of Essex, your Highness’ Vice-Gerent within your Realm of England, and gave unto him Authority and Power, not only to redress and reform all, and all manner of Errors, and erroneous Opinions, insuring and growing among your loving and obedient Subjects of your Realm, and of the Dominions, but also to order and direct all Ecclesiastical and Spiritual Causes within your Real, and Dominions. The said Thomas Crumwell, Earl of Essex, not regarding his Duty to Almighty God, and to your Highness, under the Seal of your Vice-Gerent, has without your Grace’s Assent or Knowledge, licensed, and authorised diverse Persons, detected and suspected of Heresies, to openly teach and preach amongst your most loving and obedient Subjects within your Realm of England.

And under the Pretense and Colour of the said great Authorities and Cures, which your Majesty has committed unto him in the Premises, has not only, of his corrupt and damnable Will and Mind, actually, at some time, by his own Deed and Commandment, and at many other Times by his Letters expressly written to diverse worshipful Persons, being Sheriffs, in sundry Shires of this your Realm, falsely suggested thereby your Grace’s Pleasure so to have been, caused to be set at large many false Heretics, some being there indicted, and some others being apprehended, and in Ward. And commonly, upon Complaints made by credible Persons unto Thomas Cromwell, Earl of Essex, of great and most detestable Heresies committed and sprung in many places of this your Realm, with Declaration of the Specialities of the same Heresies, and the Names of the Offenders, Thomas Crumwell, Earl of Essex, by his crafty and subtle Means and Inventions, has not only defended the same Heretics from Punishment and Reformation, but being a Fautor (patron), Maintainer, and Supporter of Heretics, diverse times has terribly rebuked diverse of the credible Persons being their Accusers, and some others of them were persecuted and vexed by Imprisonment and otherwise. So that thereby many of your Grace’s true and loving Subjects have been in much Dread and Fear, to detect or accuse such detestable known Heretics, the Particularities and Specialties of which said abominable Heroics, Errors, and Offences, committed and done by Thomas Crumwell, being over-tedious, long, and of too great a Number here to be expressed, declared, or written.

And to the Intent to have those damnable Errors and Heresies, to be inculcated impressed and infixed in the Hearts of your Subjects, as well contrary to God’s Laws, as to your Laws and Ordinances. Most Gracious Sovereign Lord, Thomas Crumwell, Earl of Essex, has allured and drawn unto him by Retainers, many of your Subjects sunderly inhabiting in every of your Shires and Territories, as well erroneously persuading and daring to them the Contents of the false erroneous Books, above written to be good, true, and best standing with the most Holy Word and Picture of God, as others of his false and heretical Opinions and Errors. Whereby, and by his Confederacies, he has caused many of your faithful Subjects to be greatly infected with Heresies, and other Errors, contrary to the right Laws and Pleasure of Almighty God. And Thomas Crumwell, Earl of Essex, by the false and traitorous Means above-written, supposing himself to be fully able, by Force and Strength, to maintain and defend his said abominable Treasons, Heresies, and Errors, not regarding his most bounden Duty to Almighty God, and his Laws, nor the natural Duty of Allegiance to your Majesty, in the last Day of March, in the 30 Year of your most gracious Reign,^[1] in the Parish of St, Peter the Poor,^[2] within your City of London, upon Demonstration and Declaration then and there made unto him, that there were certain new Preachers, as Robert Barnes, Clerk, and others, whereof part were committed to the Tower of London, for preaching and teaching of loud learning against your Highness’s Proclamations, the same Thomas, affirming the same preaching to be good most detestably, arrogantly, erroneously, willfully, maliciously, and traitorously expressly against your Laws and Statutes, then and there did not let to declare, and say, these most traitorous and detestable Words ensuing, amongst other Words of like Matter and Effect.

That is to say, ‘That if the King would turn from it, yet I would not turn; and if the King did turn, and all his People, I would fight in the Field in mine own Person, with my Sword this my Hand, against him and all others.’ And then and there, most traitorously milled out his Dagger, and held it on high, saying these Words, ‘Or else this Dagger thrust me to the Heart if I would not die in that Quarrel against them all. And I trust if I live one Year or two, it shall not lie in the King’s Power to resist or lett (prevent) it if he would.’ And further, then and there swearing by a great Oath, traitorously affirmed the same his traitorous Saying and Pronunciation of Words, saying, ‘I will do so indeed,’ extending up his Arm, as though he had had a Sword in his Hand; to the most perilous, grievous, and wicked Example of all your loving, faithful and obedient Subjects in this your Realm, and to the Peril of your most Royal Person.

And moreover, our most gracious Sovereign Lord, Thomas Crumwell, Earl of Essex, has acquired and obtained into his Possession, by Oppression, Bribery, Extort, Power and false Promises made by him to your Subjects of your Realm, innumerable Sums of Money, and Treasure. And being so enriched, has had your Nobles of your Realm in great Disdain, Derision, and Detestation, as by express words by him most opprobriously spoken has appeared. And being put in remembrance of others, of his Estate, which your Highness has called him unto, offending in like Treasons, the last Day of January, in the 31st Year of your most noble Reign, at the Parish of St. Martins in the Field, in the County of Middlesex, most arrogantly, willingly, maliciously, and traitorously, said, published and declared, ‘that if the Lords would handle him so, that he would give them such a Breakfast as never was made in England, and that the proudest of them should know,’ to the great Peril and Danger, as well of your Majesty, and your Heirs and Successors. For the which, his most detestable and abominable Heresies and Treasons, and many others of his like Offences and Treasons, over-long here to be rehearsed and declared.

Be it Enacted, Ordained, and Established by your Majesty, with the Assent of the Lords Spiritual and Temporal, and the Commons in this present Parliament assembled, and by the Authority of the same, that Thomas Crumwell, Earl of Essex, for his abominable and detestable Heresies and Treasons, by him most abominably, hectically, and traitorously practised, committed, and done, as well against Almighty God as against your Majesty and your said Realm, shall be, and stand, by Authority of this present Parliament, convicted and attainted of Heresies and High Treason, and be adjudged an abominable and detestable Heretic and Traitor. And shall have and suffer such Pains of Death, Losses, and Forfeitures of Goods, Debts, and Chattels, as in cases of Heresies and High Treason, or as in cases of either of them, at the Pleasure of your most Royal Majesty. And that Thomas Crumwell, Earl of Essex, shall, by Authority above said, lose, end, and forfeit to your Highness, and to your Heirs and Successors, all such of his Castles, Lordships, Manors, Messuages,^[3] Lands, Tenements, Rents, Reversions, Remainders, Services, Possessions, Offices, Rights, Conditions, and all other his Hereditaments, of what Names, Natures, or Qualities so ever they be, which he, Thomas Crumwell, Earl of Essex, or any other to his Use had, or ought to have had, of any Estate of Inheritance, in Fee-Simple or Fee-Tail,^[4] in Reversion or Possession, at the said last Day of March, in the said thirtieth (31st) Year of your most Gracious Reign, or any time since or after, as in Cases of High Treason.

And that all the said Castles, Lordships, Manors, Lands, Messuages. Tenements, Rents, Reversions, Remainders, Services, Possessions, Offices, and all other the Premises forfeited, as is above said, shall he deemed, invested, and adjudged, in the lawful, real, and actual Possession of your Highness, your Heirs and Successors forever in the same, and in such Estate, Manner and Form, as if the Castles, Lordships, Manors, Messuages, Lands, Tenements, Rents, Reversions, Remainders, Services, Possessions, Offices, and other the Premises, with their Appurtenances, and every of them, were especially or particularly founded, by Office or Offices, Inquisition or Inquisitions, to be taken by any Escheator or Escheators,^[5] or any other Commissioner or Commissioners, by Virtue of any Commission or Commissions to them or any of them, to he directed in any County or Counties, Shire or Shires, within this your Realm of England, where the said Castles, and other the Premises, or any of them, been, or do lie, and returned Into any of your Majesty’s Courts.

Saving to all and singular Person and Persons, Bodies politic and corporate, their Heirs and Successors and their Successors and Assignees of every of them, other than Thomas Crumwell, Earl of Essex, and his Heirs, and all and every other Person and Persons, claiming by Thomas Crumwell, and to his Use, all such Right, Title, Entry, Possessions, Interest, Reversions, Remainders, .Lease, Leases, Conditions, Fees, Offices, Rents, Annuities, Commons, and all other Commodities, Profits, and Hereditaments whatsoever they or any of them might, should or ought to have had, if this Act had never been had or made. Provided always, and be it enacted by the Authority aforesaid, that this Act of Attainder, nor any Offence, nor other thing therein contained, extend not unto the Deanery of Wells in the County of Somerset; nor to any Manors, Lands, Tenements, or Hereditaments thereunto belonging; nor be in any ways prejudicial or hurtful unto the Bishop of Bath and Wells.

Nor to the Dean and Chapter of the Cathedral Church of St, Andrew of Wells, nor to any of them, nor to any of their Successors, but that the said Bishop, Dean, and Chapters, and their Successors, and every of them, shall and may have, hold, use, occupy, and enjoy, all and singular their Titles, Rights, Manors, Lands, Tenements, Rents, Reversions, and Services, and all and singular other their Hereditaments, Commodities, and Profits, of what nature, kind, or quality, or condition so ever they be, in as ample and large manner and form, as thorough this Act of Attainder, or any Offence therein mentioned, had never been had, committed, nor made; and that from henceforth the Dean, and his Successors, Deans of the said Cathedral Church that hereafter shall be perfected, elected, and admitted to the same, Shall, by the Authority aforesaid, be Dean of the said Cathedral Church, fully and wholly incorporated with the Chapter of the same, in as ample, large, and like manner and form, to all intents and purposes, as the Deans before this time hath been and used to be, with the said Chapter of the said Cathedral Church of Wells. And that the same Dean and Chapter, and their Successors, shall have, occupy, and enjoy, all and singular their such Possessions, Manors, Lands. Tenements Rents, Reversions, and Services, and all and singular their Hereditaments, of what nature, kind, name, or names they be called or known. And shall be adjudged and deemed in actual and real Possession and Seisin^[6] of, and in the same Premises to all intents and purposes, according to their old Corporation, as through this Act of Attainder, or anything, clause, or matter therein contained had never been had, committed, nor made. This said Act of Attainder, or any other Act, Provision, or anything heretofore had or made to the contrary notwithstanding.

[1] Incorrectly written as 1539; should read 31st year of Your Gracious Reign

[2] St Peter le Poer on Broad Street, beside Austin Friars

[3] buildings or houses with adjacent land s

[4] fee-simple – inheritance without restriction to class of heirs; fee-tail, inheritance with restriction to class of heirs

[5] Lawyers appointed to oversee land reverting to the crown

[6] Possession of freehold land and/or chattels