day of his death, the whole Spanish monarchy.
1508.
Sickness of the king.
1509. His death, 22d April, and character.
The king survived these transactions two years; but nothing memorable occurs in the remaining part of his reign, except his affiancing his second daughter Mary to the young archduke Charles, son of Philip of Castile. He entertained also some intentions of marriage for himself, first with the queen-dowager of Naples, relict of Ferdinand; afterwards with the dutchess dowager of Savoy, daughter of Maximilian, and sister of Philip. But the decline of his health put an end to all such thoughts; and he began to cast his eye towards that future existence, which the iniquities and severities of his reign rendered a very dismal prospect to him. To allay the terrors, under which he laboured, he endeavoured, by distributing alms and founding religious houses, to make atonement for his crimes, and to purchase, by the sacrifice of part of his ill-gotten treasures, a reconciliation with his offended Maker. Remorse even seized him at intervals for the abuse of his authority by Empson and Dudley; but not sufficient to make him stop the rapacious hand of those oppressors. Sir William Capel was again fined two thousand pounds under some frivolous pretence, and was committed to the Tower for daring to murmur against the iniquity. Harris, an alderman of London, was indicted, and died of vexation before his trial came to an issue. Sir Laurence Ailmer, who had been mayor, and his two sheriffs, were condemned in heavy fines, and sent to prison till they made payment. The king gave countenance to all these oppressions; till death, by its nearer approaches, impressed new terrors upon him; and he then ordered, by a general clause in his will, that restitution should be made to all those whom he had injured. He died of a consumption at his favourite palace of Richmond, after a reign of twenty-three years and eight months, and in the fifty-second year of his age.x
The reign of Henry VII. was, in the main, fortunate for his people at home, and honourable abroad. He put an end to the civil wars with which the nation had long been harassed, he maintained peace and order in the state, he depressed the former exorbitant power of the nobility, and, together with the friendship of some foreign princes, he acquired the consideration and regard of all. He loved peace without fearing war; though agitated with continual suspicions of his servants and ministers, he discovered no timidity, either in the conduct of his affairs, or in the day of battle; and though often severe in his punishments, he was commonly less actuated by revenge than by maxims of policy. The services, which he rendered the people, were derived from his views of private advantage, rather than the motives of public spirit; and where he deviated from interested regards, it was unknown to himself, and ever from the malignant prejudices of faction, or the mean projects of avarice; not from the sallies of passion, or allurements of pleasure; still less, from the benign motives of friendship and generosity. His capacity was excellent, but somewhat contracted by the narrowness of his heart; he possessed insinuation and address, but never employed these talents, except where some great point of interest was to be gained; and while he neglected to conciliate the affections of his people, he often felt the danger of resting his authority on their fear and reverence alone. He was always extremely attentive to his affairs; but possessed not the faculty of seeing far into futurity; and was more expert at providing a remedy for his mistakes than judicious in avoiding them: Avarice was, on the whole, his ruling passion;y and he remains an instance, almost singular, of a man, placed in a high station, and possessed of talents for great affairs, in whom that passion predominated above ambition. Even among private persons, avarice is commonly nothing but a species of ambition, and is chiefly incited by the prospect of that regard, distinction, and consideration, which attend on riches.
The power of the kings of England had always been somewhat irregular or discretionary; but was scarcely ever so absolute during any former reign, at least after the establishment of the great charter, as during that of Henry. Besides the advantages, derived from the personal character of the man, full of vigour, industry, and severity, deliberate in all projects, steady in every purpose, and attended with caution, as well as good fortune, in every enterprize; he came to the throne after long and bloody civil wars, which had destroyed all the great nobility, who alone could resist the encroachments of his authority: The people were tired with discord and intestine convulsions, and willing to submit to usurpations, and even to injuries, rather than plunge themselves anew into like miseries: The fruitless efforts made against him served always, as is usual, to confirm his authority: As he ruled by a faction, and the lesser faction, all those on whom he conferred offices, sensible that they owed every thing to his protection, were willing to support his power, though at the expence of justice and national privileges. These seem the chief causes which at this time bestowed on the crown so considerable an addition of prerogative, and rendered the present reign a kind of epoch in the English constitution.
His laws.
This prince, though he exalted his prerogative above law, is celebrated by his historian for many good laws, which he made be enacted for the government of his subjects. Several considerable regulations, indeed, are found among the statutes of this reign, both with regard to the police of the kingdom, and its commerce: But the former are generally contrived with much better judgment than the latter. The more simple ideas of order and equity are sufficient to guide a legistator in every thing that regards the internal administration of justice: But the principles of commerce are much more complicated, and require long experience and deep reflection to be well understood in any state. The real consequence of a law or practice is there often contrary to first appearances. No wonder, that, during the reign of Henry VII. these matters were frequently mistaken; and it may safely be affirmed, that even in the age of lord Bacon, very imperfect and erroneous ideas were formed on that subject.
Early in Henry’s reign, the authority of the Star Chamber, which was before founded on common law, and ancient practice, was in some cases confirmed by act of parliament:NOTE [B] Lord Bacon extols the utility of this court; but men began, even during the age of that historian, to feel that so arbitrary a jurisdiction was incompatible with liberty; and in proportion as the spirit of independance still rose higher in the nation, the aversion to it encreased, till it was entirely abolished by act of parliament in the reign of Charles I. a little before the commencement of the civil wars.
Laws were passed in this reign, ordaining the king’s suit for murder to be carried on within a year and day.a Formerly, it did not usually commence till after; and as the friends of the person murdered, often, in the interval, compounded matters with the criminal, the crime frequently passed unpunished. Suits were given to the poor in forma pauperis, as it is called: That is, without paying dues for the writs, or any fees to the council:b A good law at all times, especially in that age, when the people laboured under the oppression of the great; but a law difficult to be carried into execution. A law was made against carrying off any woman by force.c The benefit of clergy was abridged;d and the criminal, on the first offence, was ordered to be burned in the hand with a letter denoting his crime; after which he was punished capitally for any new offence. Sheriffs were no longer allowed to fine any person, without previously summoning him before their court.e It is strange, that such a practice should ever have prevailed. Attaint of juries was granted in cases which exceeded forty pounds value.f A law which has an appearance of equity, but which was afterwards found inconvenient. Actions popular were not allowed to be eluded by fraud or covin. If any servant of the king’s conspired against the life of the steward, treasurer, or comptroller of the king’s household, this design, though not followed by any overt act, was made liable to the punishment of felony.g This statute was enacted for the security of archbishop Morton, who found himself exposed to the enmity of great numbers.
There scarcely passed any session during this reign without some statute against engaging retainers, and giving them badges or liveries;h a practice, by which they were, in a manner, inlisted under some great lord, and were kept in readiness to assist him in all wars, insurrections, riots, violences, and even in bearing evidence for him in courts of justice.i This disorder, which had prevailed during many reigns, when the law could give little
