thieves was neither just in itself nor for the public good; for as the severity was too great, so the remedy was not effectual; simple theft was not so great a crime that it ought to cost a man his life; and no punishment would restrain men from robbing who could find no other way of livelihood. . In this, not only you, but a great part of the world besides, imitate ignorant and cruel schoolmasters, who are readier to flog their pupils than to teach them. Instead of these dreadful punishments enacted against thieves, it would be much better to make provision for enabling those men to live by their industry whom you drive to theft and then put to death for the crime you cause."

He exposes the absurdity of the law of forfeiture in case of larceny, which I am ashamed to say, notwithstanding the efforts. I have myself made in parliament to amend it, still disgraces our penal code, so that for an offence for which, as a full punishment, sentence is given of imprisonment for a month, the prisoner loses all his personal property, which is never thought of by the Court in pronouncing the sentence. It was otherwise among the Utopians. "Those that are found guilty of theft among them are bound to make restitution to the owner, and not to the prince. If that 'which was stolen is no more in being, then the goods of the thief are estimated, and restitution being made out of them, the remainder is given to his wife and children.”

I cannot refrain from giving another extract to prove that, before the Reformation, he was as warm a friend as Locke to the principles of religious toleration. He says that the great legislator of Utopia made a law that every man might be of what religion he pleased, and might endeavour to draw others to it by the force of argument, and by amicable and modest ways, without bitterness against those of other opinions. "This law was made by Utopus not only for preserving the public peace, which he saw suffered much by daily contentions and irreconcilable heats, but because he thought it was required by a due regard to the interest of religion itself. He judged it not fit to decide rashly any matter of opinion, and he deemed it foolish and indecent to threaten and terrify another for the purpose of making him believe what did not appear to him to be true."*

More had in his visits to Flanders-then far more advanced than

* His most wonderful anticipation may be thought that of Lord Ashley's factory measure by "the Six Hours' Bill," which regulated labour in Utopia. "Nec ab summo mane tamen, ad multam usque noctem perpetuo labore, velut jumenta fatigatus; nam ca plus quam servilis ærumna est; quæ tamen ubique fere opificum vita est exceptis Utepiensibus, qui cum in horas viginiti-quatuor æquales diem connumeratâ nocte dividant, sex duntaxat operi deputant, tres ante meridiem, a quibus prandium ineunt, atque a prandio duas pomeridianas horas quam interquieverunt, tres deinde rursus labori detas coena claudunt. Etenim quod sex duntaxat horas in opere sunt, fieri fortasse potest, ut inopiam aliquam putes necessariam rerum sequi. Quod tam longe abest ut accidat, ut id temporis ad omnium rerum copiam, quæ quidem ad vitæ vel necessitatem requirantur vel commoditatem, non sufficiat modo sed supersit etiam."- Utop. vol. ii. 68.

England in refinement as well as in wealth-acquired a great fondness for pictures, and he was desirous to introduce a taste for the fine arts among his countrymen. He was the patron of Holbein, and it was through his introduction that this artist was taken into the service of Henry VIII. Hence the pains bestowed on Holbein's portraits of the More family, which are the most delightful of his works. More was likewise acquainted with Quintin Mastys, the celebrated painter of Antwerp; and he describes, both in prose and verse, a piece executed for him by this artist. It represented his two most intimate friends, Erasmus and Peter Giles,—the former in the act of commencing his "Paraphrase on the Romans," and the other holding in his hand a letter from More, addressed to him in a fac-simile representation of the handwriting of his correspondent.*

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It is to be regretted that we have so few specimens of More's oratory; his powers as a debator called forth this eulogium from Erasmus :-" His eloquent tongue so well seconds his fertile invention, that no one speaks better when suddenly called forth. His attention never languishes, his mind is always before his words; his memory has all its stock so turned into ready money, that without hesitation or delay it supplies whatever the occasion may require."t

But by no grave quality does he seem to have made such an impression on his contemporaries as he did by his powers of wit and humour. I therefore introduce a few of his pointed sayings beyond those which have occurred in the narrative of his life. He observed, that "to aim at honour in this world is to set a coat of arms over a prison gate." "A covetous old man he compared to a thief who steals when he is on his way to the gallows." He enforced the giving of alms by remarking, that "a prudent mar, about to leave his native land forever, would send his substance to the far country to which he journeyeth." Sir Thomas Manners, with whom he had been very familiar when a boy, was created Earl of Rutland about the same time that More was made Lord Chancellor, and being much puffed up by his elevation, treated with superciliousness his old schoolfellow, who still remained a simple knight, but would not allow himself to be insulted. nores mutant Mores," cried the upstart Earl. “The proper translation of which," said the imperturable Chancellor, "is, Honours change MANNERS."

* Philomorus, 48.

Ho

† Erasm. Epist. As they had been personally known to each other from the time when More was an undergraduate at Oxford, there can be no truth in the story that the two having met at the Lord Mayor's table, being strangers except by reputation, and conversing in Latin, More having sharply combated some latitudinarian paradox sported by Erasmus, the latter said, Aut tu es Morus aut Nullus," to which the answer was, "Aut tu es Erasmus aut Diabolus"

In 1523 Erasmus sent his portrait to More from Balse, and More in return sent Erasmus the famous picture by Holbein of himself and his family, including the Fool, which is still preserved in the town-hall at Basle.

He once, while Chancellor, by his ready wit saved himself from coming to an untimely end: 'He was wont to recreate himself on the flat top of his gate house at Chelsea, from which there was a most pleasant prospect of the Thames and the fields beyond. It happened one time that a Tom-of-Bedlam came up to him, and had a mind to have thrown him from the battlements, saying, 'Leap, Tom, leap.' The Chancellor was in his gown, and besides ancient, and not able to struggle with such a strong fellow. My Lord had a little dog with him: said he, 'Let us throw the dog down, and see what sport that will be.' So the dog was thrown over. This is very fine sport,' said my Lord; 'fetch him up and try once more.' While the madman was going down, my Lord fastened the door, and called for help; but ever after kept the door shut."*

He did not even despise a practical joke. While he held his city office he used regularly to attend the Old Bailey Sessions, where there was a tiresome old Justice, "who was wont to chide the poor men that had their purses cut for not keeping them more warily, saying, that their negligence was the cause that there were so many cut-purses brought thither." To stop his prosing, More at last went to a celebrated cut-purse then in prison, who was to be tried next day, and promised to stand his friend if he would cut this Justice's purse while he sat on the bench trying him. The thief being arraigned at the sitting of the Court next morning, said he could excuse himself sufficiently if he were but permitted to speak in private to one of the bench. He was bid to choose whom he would, and he chose that grave old Justice, who then had his pouch at his girdle. The thief stepped up to him, and while he rounded him in the ear, cunningly cut his purse, and, taking his leave, solemnly went back to his place. From the agreed signal, More knowing that the deed was done, proposed a small subscription for a poor needy fellow who had been acquitted, beginning by himself setting a liberal example. The old Justice, after some hesitation, expressed his willingness to give a trifle, but finding his purse cut away, expressed the greatest astonishment, as he said he was sure he had it when he took seat in Court that morning. More replied, in a pleasant manner, "What! will you charge your brethren of the bench with felony?" The Justice becoming angry and ashamed, Sir Thomas called the thief and desired him to deliver up the purse, counselling the worthy Justice hereafter not to be so bitter a censurer of innocent men's negligence, since he himself could not keep his purse safe when presiding as a judge at the trial of cut-purses.t

* Aubrey's Letters, vol. iii. 462.

† Sir John Sylvester, Recorder of London, was in my time robbed of his watch by a thief whom he tried at the Old Bailey. During the trial he happened to say aloud that he had forgot to bring his watch with him. The thief being acquitted for want of evidence, went with the Recorder's love to Lady Sylvester, and request

I am, indeed, reluctant to take leave of Sir Thomas More, not only from his agreeable qualities and extraordinary merit, but from my abhorrence of the mean, sordid, unprincipled Chancellors who succeeded him, and made the latter half of the reign of Henry VIII. the most disgraceful period in our annals.

CHAPTER XXXIV.

LIFE OF LORD CHANCELLOR AUDLEY.

WHEN Sir Thomas More resigned the Great Seal, it was delivered to Sir THOMAS AUDLEY, afterwards Lord Audley,

with the title, first of Lord Keeper, and then of [MAY 20, 1532.] Lord Chancellor.* There was a striking contrast, [JAN. 26, 1533.] in almost all respects, between these two individuals,—the successor of the man so distinguished for genius, learning, patriotism, and integrity, having only common-place abilities, sufficient, with cunning and shrewdness, to raise their possessor in the world,having no acquired knowledge beyond what was professional and official,-having first recommended himself to promotion by defending, in the House of Commons, the abuses of prerogative,and for the sake of remaining in office, being ever willing to submit to any degradation, and to participate in the commission of any crime. He held the Great Seal for a period of above twelve years, during which, to please the humours of his capricious and tyrannical master, he sanctioned the divorce of three Queens,-the execution of two of them on the scaffold,-the judicial murder of Sir Thomas More, Bishop Fisher, and many others, who, animated by their example, preferred death to infamy,-the spoliation of the Church and a division of the plunder among those who planned the robbery, and reckless changes of the established religion, which left untouched all the errors of Popery, with the absurdity of the King being constituted Pope, and which involved in a common massacre those who denied transubstantiation and those who

ed that she would immediately send his watch to him by a constable he had ordered to fetch it. Soon after I was called to the Bar, and had published the first No. of my "Nisi Prius Reports," while defending a prisoner in the Crown Court, I had occasion to consult my client, and I went to the dock, where I conversed with him for a minute or two. I got him off, and he was immediately discharged. But my joy was soon disturbed; putting my hand into my pocket to pay the "Junior" of thecircuit my quota for yesterday's dinner, I found that my purse was gone containing several bank notes, the currency of that day. The incident causing much merriment, it was communicated to Lord Chief Baron Macdonald, the presiding Judge, who said, "What! does Mr. Campbell think that no one is entitled to take notes in Court except himself?"

denied the King's spiritual supremacy. Luckily for Audley, he has not much attracted the notice of historians; but there can be no doubt that he had a considerable influence upon the events which disgraced the latter half of this reign; and we must now inquire into his origin, and try to trace the steps by which he reached, and the means by which he retained, his "bad eminence."

Thomas Audley was born in the year 1488, at the Hay House, in the tenure of the Prior of Colne, in Essex.* His family was ancient, though it seems not entitled to bear arms. His ancestor, Ralph Audley, having been seated at Earl's Colne in that county as early as the 28th of Henry VI., afterwards became possessed of the Hay House, which his descendants continued to inhabit, and which was demolished only a few years ago. But it would appear that they were only of the class of yeomen, and that the Chancellor was the first of them who could boast of heraldic honours.†

He had a slender patrimony, and he rose from his own industry and selfish arts. Some accounts represent, that after an indifferent school education he was sent to Magdalene College, Cambridge, of which he afterwards became a benefactor; but the records, both of Oxford and Cambridge, have in vain been searched for his name, and it is doubtful whether he ever had the advantage of being at a university. While still a youth he was entered of the Inner Temple, where he devoted himself very steadily to the study of the common law, and he is said to have discharged the duties of “ Autumn Reader" to the society with some reputation. Being called to the degree of outer barrister, he early rose into considerable practice from his skill in the technicalities of his profession, and his eager desire to please his clients. He was of a comely and majestic presence; and by his smooth manners and systematic anxiety to give offence to no one, he acquired general popularity, although known to those who had studied his character to be unprincipled, false, and deceitful.

In the 12th year of the reign of Henry VIII. he was called to the degree of Serjeant-at-Law, and, flourishing in Westminster Hall, he became eager for political advancement. Parliament so seldom met during this reign, that aspiring lawyers had but rare opportunities of gaining distinction either as patriots or courtiers. But a parliament being at last called in 1523, Audley contrived to

*A. D. 1516. Thomas Audley natus in Colne in Com. Essex. Burgeus." Oath Book of Corporation of Colchester.

The original grant of Arms to Lord Audley, dated 18th March, 1538, still prese ved at Audley End, recites "that not being contynned in nobilitè berynge armes and descended of ancient stocke by his auncestors and predecessors by consanguinitè and marriage, and he not willing to use or bere armes that should redound unto damage or reprofe of any of the same name or consanguinitè, or of any other person, he desired the following coat to be assigned to him, &c." The arms differ from those borne by families of the same name, but the motto "Garde ta Fey" belonged to Touchet, Lord Audley.