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Show 78 ATROCIOUS JUDGES. [A. D. 15:!3. to drop every term, but held on four years longer. As soon as he expired, Fitzjames was nppointccl hi:-; ·uccc:- or. \Vol· sey still zealously supported him, nllhou:rh th0rehy incurring considerable obloquy. It was genera1ly thought that the new chief was not only \Vanting in gravity of moral character but that he hau not ufficient profes.' ioual know ledge for ueh a situation. Ilis highe t quality was di cretion, which generally enabled him to conceal his ignorance, and to di:;ann opposi· tion. Fortunately for him, the question \vhich then agitated the country respecting the validity of the king' .., 1narriage with Catharine of ..c\rrngon, wn~ considered to <lcp nd entirely on the canon law, and he was not called upon to gi vc any opinion upon it. lie thus quietly di "chargecl the duties of his office till 'Vol ·ey's fall. But be then experienced n1u('h perplexity. "\Va he to de ~crt his patron, or to sacrifice hi:l place? lie h[ld an exaggerated notion of the king's v~ngeful feel ing"'. The canlinal haviug been not only <lcpri ved of the great seal, but bani~hec1 to E ·her, and robbed of almost the whole of his property un<ler proce. · of prcem,unire, while an impeachment for trcu. on wa still thr at 'ned ~ gain st him, the chief ju ·tice conduded that his utter destruction wa:- resolved upon, and that no one could ~how ltitn nny sympathy without sharing his f~tte. Therefore, in~tead of going printtely to visit him, a. some olu friends <.1i(1, he joined in the cry against him, and assisted hi. enemies to thn ntn10 ·t. \Volsey readily surrendcreu all his private property, but wishccl, for the benefit of his succe sors, to sa vc the palace at '\ Vhitehnll, which belonged to the see of York be in cr the rrift of a former ' 0 b ( archbi~bop. A reference wa then ma<le to the juclgcs, "whether it was not forfeited to the crown · " when the chief . . ' JUStice sugge ted the fraudulent expedient of' a fictitious A. D.l520.] JOll~ FlTZJA:\lES. 79 recovery in the Court of Comtnon Plea .. , whereby it shoulu Le adjud.ge<l to the king under a superior title. lie had not the courage to show hitnsclf in tbc pre ·"nee of the n1an 1 o '" hon1 he owed every thing; ancl Shdley, a puisne judge~, was depnteu to make the proposal to hin1 in tlw ki llg\; n ~unc . ":lllaster Shelley," sai<l th ~ can1inn1, "ye shall 1nal~e r<' port to his higlme~s thnt I am l1i:> obedient sub.il'd, anll i~Lithfu l chaplain anu boucl:-;man, who::;e royal cotumatH1m<·nL awl rcque. t I will in no wi~e di~obcy, lJut 1110:3t glatlly fulfil nn<l accomplish his princely will and plca:nre in all tl1ing~, antl in especial in Ll1is rnatte r, ina:;tnu<'h a ..; the f<l.Lhe r~ oC the law n11 say tha.t I 1111ty lawfully llo it. 'l'ber<'fore I charge your con. ·cicnce, an~..l di::;chargc n1ine. IIow1Jcil, I pray yon show hi. rnaje ty fr01n n1c th~1L I n1o~t humbly de ·ir~ his highne. s to cnll to his rnost gnwious r crnetnl>rancc tlmL then' i · both heaven and hell.'' This answer wa:-;, no doubt, rcporteu by Shelley to his brethren n;·sernbleu in the ExdH~<p tc r UhamlJo·, allhougll, probably, not to the king ; l>ul it ex ·ii c<1 no r emorse in the breast of Cllicf Justice Fitzjamt>~, who perfed 'tl the machinery by which the town resiclencc of tlte .A.rchl>i hops of York hencefor-th was ann "xed to the crown, UIH1 d{~darcd bid readiness to concur in any procectling: l>y '"hi ·h the proud eccle iastic, wl10 lwei veniuret1 t.o sneer at t lw rc ,·crcnd ~ages of the law, n1ighi be brought to eont1ign puui;.;lunt:nt. Accon1ingly, when Parliament tnet, an<l a selceL co nunittec of the IIous ' of Lonls wa: appoi 11 ted to <Ira w up arlide ~ oC impcaehment against \Vol.· ~~y, Chief J ustiee Fitzjam );;, although only summoned, like the ot her ju<1gcs, a,, an as ·cs~or, was actually maue a men1bcr of the comn1ittec, joined in their deliLcrations, nnd signed their report. |
