Parliament also issued a new Treason Act that repealed the draconian legislation imposed by the old king on his sometimes fractious realm. It was now no longer considered treason merely to speak against the king; any more heinous acts now needed two witnesses rather than one before matters were taken further. This particular clause on the need for two witnesses has been described by a great administrative historian, Henry Hallam, as ‘one of the most important constitutional provisions which the annals of the Tudor family afford’.
In a similar spirit of toleration the Act for the Burning of Heretics, dated 1414, was also removed from the statute book. More importantly, perhaps, the Act of Six Articles was abolished; this had been described, at its inception in 1539, as ‘an Act abolishing diversity in Opinions’. It was imposed essentially to uphold orthodox Catholicism and silence active reformers; it was no longer necessary or expedient in the new atmosphere of Edward’s reign, and its repeal could of course also be construed as a measure of religious toleration. So parliament had thrown out all the old precautions over treason and heresy, and thus had tacitly dismantled much of the oppressive legislation of the old reign.
One much less liberal measure was introduced. A new Vagrancy Act was passed that ordered into slavery those who were unwilling to work. Two justices of the peace, on hearing about the ‘idle living’ of any person from two witnesses, could ordain that the guilty party should be branded on the chest with a ‘V’ and sentenced to two years of slavery; the culprit could be chained or driven with whips. Anyone who tried to flee from this exacted labour would be punished with perpetual slavery for the first offence and with death for the second. The severity of the measure is a token of the anxiety that the vagrants caused in sixteenth-century England. They roved the country in bands, begging or stealing at pleasure; the ‘sturdy beggars’ were an old order with their own traditions and their own language in ‘the canting tongue’. ‘The cull has rum rigging, let’s ding him, and mill him, and pike’ was as much to say that ‘the man has very good clothes, let us knock him down, rob him and run’.
The masterless man was also believed to be the sign of a dissolving or deteriorating social order, thus provoking fresh fears of the future. In 1577 William Harrison wrote that ‘it is not yet full three score years since this trade began, but how it hath prospered since that time it is easy to judge, for they are now supposed of one sex and another to amount unto about 10,000 persons, as I have heard reported’. Yet the legislation is also evidence of the social discipline that was maintained over the nation by means of church ‘visitations’ and injunctions and proclamations. Anyone walking free had to be detained or restrained. The fear of disorder was very strong.
A tumult of legislation had indeed been passed in the first months of Somerset’s rule. In the spring of 1548 William Paget, once the colluder or conspirator with Somerset, wrote a letter to the protector in which he declared that the country had become restless. ‘The use of the old religion is forbidden, the use of the new is not yet printed in the stomachs of eleven of twelve parts of the realm.’ He warned the protector to be cautious and to move carefully. ‘Commissions out for this matter, new laws for this, proclamations for another, one in another’s neck, so thick that they be not set among the people … You must take pity upon the poor men’s children, and of the conservation and stay of the realm, and put no more so many irons in the fire at once.’ But Somerset objected to him as a Cassandra, prophesying woe.
Yet there had never been so much dissension over matters of religion. Some said that Somerset had gone too far, and others complained that he had not gone far enough. An indication of religious controversy can be found among the members of the royal family. Edward professed his ‘comfort and quiet of mind’ at the changes in religion, and even began writing a treatise in French on the subject of papal supremacy; at the same time his older sister, Mary, was hearing four Masses a week. Fights broke out in churches between the various factions, conservative and reformed. One church favoured the rite of Rome while another practised that of Geneva; neighbouring churches might worship according to the rules of Zurich or Wittenberg. Verse satires, ridiculing conservatives and reformers, were widely circulated; one of them was entitled Have at all Papists! By me, Hans Hatprick and another was printed as A Ballet, declaring the Fall of the Whore of Babylon, intituled ‘Tie this Mare, Tom-boy’.
In the churchwardens’ accounts at Stanford in the Vale, then in Berkshire, the date was given as ‘the time of Schism, when this realm was divided from the Catholic church’ when ‘all godly ceremonies & good uses were taken out of the Church’. The parish priest of Adwick le Street, in Doncaster, wrote that at Rogationtide ‘no procession was made about the fields, but cruel tyrants did cast down all crosses standing in open ways despitefully’. At a school in Bodmin the boys set up rival factions of ‘the old religion’ and ‘the new religion’ in a series of elaborate battles. When they managed to blow up a calf with gunpowder, the master intervened with a whip. The social and religious order had to be maintained at all costs. A boy of thirteen was whipped naked at the church of St Mary Woolnoth; his offence was to throw his cap at the Blessed Sacrament raised during a Mass.
In the spring of 1548, therefore, all preaching was prohibited except by those especially licensed to do so; this was meant to silence ‘rash, contentious, hot and undiscreet’ men who were forever stirring the pot of religious dissension. Yet even this was not enough and, later in the year, all preaching came to an end. An exception was made for the conservative bishop of Winchester, Stephen Gardiner. He had been released from the Fleet prison on his promise that he would conform to the new religious polity, and had scarcely returned to his palace in Southwark when he was informed by the council that he was to preach before the king. He was asked to read out, and subscribe to, certain articles concerning the recent changes in religion. He was being ordered, in other words, publicly to assent to such matters as the destruction of images and the administration of communion in both kinds.
He refused, saying that this was ‘like a lesson made for a child to learn’. Whereupon he was summoned to court and the protector warned him that he could be deprived of his bishopric for disobedience to the king’s highness. Gardiner then relented a little and agreed to compose a sermon touching upon such matters. He consented to preach on St Peter’s Day, or 29 June, but the afternoon before he received a message from the protector forbidding him to make any mention of the doctrine of transubstantiation. He was about to send his chaplain with a verbal response, when he broke off. ‘You shall not go,’ he told him. ‘I will do well enough, I warrant.’
On the following afternoon he stepped up to the new ‘preaching place’, the open pulpit set in the privy garden at Whitehall; the young king sat at a window in the gallery, overlooking the preacher, where assembled in the garden was ‘such an audience as the like whereof hath not lightly been seen’. Everyone wished to hear the bishop make his peace with the religious changes. He proceeded to say that ‘I will plainly declare what I think of the state of the Church of England at this day, how I like it and what I think of it’. It was in some respects an ambiguous message. He grudgingly agreed to the dissolution of the chantries, but still believed it right to pray for the dead; he accepted that rituals and ceremonies were essentially ‘things indifferent’ and so did not object to the reforms, but he did believe that priests should retain their vow of chastity; despite the protector’s warning to avoid the subject of transubstantiation, the bishop did affirm the power of the sacrament with the phrase ‘This is my body’.