CHAPTER III

THE PARLIAMENT OF 1529

No Englishman can look back uninterested on the meeting of the parliament

of 1529. The era at which it assembled is the most memorable in the history

of this country, and the work which it accomplished before its dissolution

was of larger moment politically and spiritually than the achievements of

the Long Parliament itself. For nearly seven years it continued surrounded

by intrigue, confusion, and at length conspiracy, presiding over a people

from whom the forms and habits by which they had moved for centuries were

falling like the shell of a chrysalis. While beset with enemies within the

realm and without, it effected a revolution which severed England from the

papacy, yet it preserved peace unbroken and prevented anarchy from breaking

bounds; and although its hands are not pure from spot, and red stains rest

on them which posterity have bitterly and long remembered; yet if we

consider the changes which it carried through, and if we think of the price

which was paid by other nations for victory in the same struggle, we shall

acknowledge that the records of the world contain no instance of such a

triumph, bought at a cost so slight and tarnished by blemishes so trifling.

The letters of the French Ambassador[191] describe to us the gathering of

the members into London, and the hum of expectation sounding louder and

louder as the day of the opening approached. In order that we may see

distinctly what London felt on this occasion, that we may understand in

detail the nature of those questions with which parliament was immediately

to deal, we will glance at some of the proceedings which had taken place in

the Bishops' Consistory Courts during the few preceding years. The duties

of the officials of these courts resembled in theory the duties of the

censors under the Roman Republic. In the middle ages, a lofty effort had

been made to overpass the common limitations of government, to introduce

punishment for sins as well as crimes, and to visit with temporal penalties

the breach of the moral law. The punishment best adapted for such offences

was some outward expression of the disapproval with which good men regard

acts of sin; some open disgrace; some spiritual censure; some suspension of

communion with the church, accompanied by other consequences practically

inconvenient, to be continued until the offender had made reparation, or

had openly repented, or had given confirmed proof of amendment. The

administration of such a discipline fell, as a matter of course, to the

clergy. The clergy were the guardians of morality; their characters were a

claim to confidence, their duties gave them opportunities of observation

which no other men could possess; while their priestly office gave solemn

weight to their sentences. Thus arose throughout Europe a system of

spiritual surveillance over the habits and conduct of every man, extending

from the cottage to the castle, taking note of all wrong dealing, of all

oppression of man by man, of all licentiousness and profligacy, and

representing upon earth, in the principles by which it was guided, the laws

of the great tribunal of Almighty God.

Such was the origin of the church courts, perhaps the greatest institutions

ever yet devised by man. But to aim at these high ideals is as perilous as

it is noble; and weapons which may be safely trusted in the hands of saints

become fatal implements of mischief when saints have ceased to wield them.

For a time, we need not doubt, the practice corresponded to the intention.

Had it not been so, the conception would have taken no root, and would have

been extinguished at its birth. But a system which has once established

itself in the respect of mankind will be tolerated long after it has

forfeited its claim to endurance, as the name of a great man remains

honoured though borne by worthless descendants; and the Consistory courts

had continued into the sixteenth century with unrestricted jurisdiction,

although they had been for generations merely perennially flowing

fountains, feeding the ecclesiastical exchequer. The moral conduct of every

English man and woman remained subject to them. Each private person was

liable to be called in question for every action of his life; and an

elaborate network of canon law perpetually growing, enveloped the whole

surface of society. But between the original design and the degenerate

counterfeit there was this vital difference,--that the censures were no

longer spiritual. They were commuted in various gradations for pecuniary

fines, and each offence against morality was rated at its specific money

value in the episcopal tables. Suspension and excommunication remained as

ultimate penalties; but they were resorted to only to compel unwilling

culprits to accept the alternative.

The misdemeanours of which the courts took cognisance[192] were "offences

against chastity," "heresy," or "matter sounding thereunto," "witchcraft,"

"drunkenness," "scandal," "defamation," "impatient words," "broken

promises," "untruth," "absence from church," "speaking evil of saints,"

"non-payment of offerings," and other delinquencies incapable of legal

definition; matters, all of them, on which it was well, if possible, to

keep men from going wrong; but offering wide opportunities for injustice;

while all charges, whether well founded or ill, met with ready acceptance

in courts where innocence and guilt alike contributed to the revenue.[193]

"Mortuary claims" were another fertile matter for prosecution; and probate

duties and legacy duties; and a further lucrative occupation was the

punishment of persons who complained against the constitutions of the

courts themselves; to complain against the justice of the courts being to

complain against the church, and to complain against the church being

heresy. To answer accusations on such subjects as these, men were liable to

be summoned, at the will of the officials, to the metropolitan courts of

the archbishops, hundreds of miles from their homes.[194] No expenses were

allowed; and if the charges were without foundation, it was rare that costs

could be recovered. Innocent or guilty, the accused parties were equally

bound to appear.[195] If they failed, they were suspended for contempt. If

after receiving notice of their suspension, they did not appear, they were

excommunicated; and no proof of the groundlessness of the original charge

availed to relieve them from their sentence, till they had paid for their

deliverance.

Well did the church lawyers understand how to make their work productive.

Excommunication seems but a light thing when there are many communions. It

was no light thing when it was equivalent to outlawry; when the person

excommunicated might be seized and imprisoned at the will of the ordinary;

when he was cut off from all holy offices; when no one might speak to him,

trade with him, or show him the most trivial courtesy; and when his

friends, if they dared to assist him, were subject to the same penalties.

In the _Register_ of the Bishop of London[196] there is more than one

instance to be found of suspension and excommunication for the simple crime

of offering shelter to an excommunicated neighbour; and thus offence begot

offence, guilt spread like a contagion through the influence of natural

humanity, and a single refusal of obedience to a frivolous citation might

involve entire families in misery and ruin.

The people might have endured better to submit to so enormous a tyranny, if

the conduct of the clergy themselves had given them a title to respect, or

if equal justice had been distributed to lay and spiritual offenders.

"Benefit of clergy," unhappily, as at this time interpreted, was little

else than a privilege to commit sins with impunity. The grossest moral

profligacy in a priest was passed over with indifference; and so far from

exacting obedience in her ministers to a higher standard than she required

of ordinary persons, the church extended her limits under fictitious

pretexts as a sanctuary for lettered villany. Every person who could read

was claimed by prescriptive usage as a clerk, and shielded under her

protecting mantle; nor was any clerk amenable for the worst crimes to the

secular jurisdiction, until he had been first tried and degraded by the

ecclesiastical judges. So far was this preposterous exemption carried, that

previous to the passing of the first of the 23rd of Henry the Eighth,[197]

those who were within the degrees might commit murder with impunity, the

forms which it was necessary to observe in degrading a priest or deacon

being so complicated as to amount to absolute protection.[198]

Among the clergy, properly so called, however, the prevailing offence was

not crime, but licentiousness. A doubt has recently crept in among our

historians as to the credibility of the extreme language in which the

contemporary writers spoke upon this painful topic. It will scarcely be

supposed that the picture has been overdrawn in the act books of the

Consistory courts; and as we see it there it is almost too deplorable for

belief, as well in its own intrinsic hideousness as in the unconscious

connivance of the authorities. Brothels were kept in London for the

especial use of priests;[199] the "confessional" was abused in the most

open and abominable manner.[200] Cases occurred of the same frightful

profanity in the service of the mass, which at Rome startled Luther into

Protestantism;[201] and acts of incest between nuns and monks were too

frequently exposed to allow us to regard the detected instances as

exceptions.[202] It may be said that the proceedings upon these charges

prove at least that efforts were made to repress them. The bishops must

have the benefit of the plea, and the two following instances will show how

far it will avail their cause. In the Records of the London Court I find a

certain Thomas Wyseman, priest, summoned for fornication and incontinency.

He was enjoined for penance, that on the succeeding Sunday, while high mass

was singing, he should offer at each of the altars in the Church of St.

Bartholomew a candle of wax, value one penny, saying therewith five

_Paternosters_, five _Ave Marys_, and five _Credos_. On the following

Friday he was to offer a candle of the same price before the crucifix,

standing barefooted, and one before the image of cur Lady of Grace. This

penance accomplished he appeared again at the court and compounded for

absolution, paying six shillings and eightpence.[203]

An exposure too common to attract notice, and a fine of six and eightpence

was held sufficient penalty for a mortal sin.

Even this, however, was a severe sentence compared with the sentence passed

upon another priest who confessed to incest with the prioress of Kilbourn.

The offender was condemned to bear a cross in a procession in his parish

church, and was excused his remaining guilt for three shillings and

fourpence.[204]

I might multiply such instances indefinitely; but there is no occasion for

me to stain my pages with them.[205]

An inactive imagination may readily picture to itself the indignation

likely to have been felt by a high-minded people, when they were forced to

submit their lives, their habits, their most intimate conversations and

opinions to a censorship conducted by clergy of such a character; when the

offences of these clergy themselves were passed over with such indifferent

carelessness. Men began to ask themselves who and what these persons were

who retained the privileges of saints,[206] and were incapable of the most

ordinary duties; and for many years before the burst of the Reformation the

coming storm was gathering. Priests were hooted, or "knocked down into the

kennel,"[207] as they walked along the streets--women refused to receive

the holy bread from hands which they thought polluted,[208] and the

appearance of an apparitor of the courts to serve a process or a citation

in a private house was a signal for instant explosion. Violent words were

the least which these officials had to fear, and they were fortunate if

they escaped so lightly. A stranger had died in a house in St. Dunstan's

belonging to a certain John Fleming, and an apparitor had been sent "to

seal his chamber and his goods" that the church might not lose her dues.

John Fleming drove him out, saying loudly unto him, "Thou shalt seale no

door here; go thy way, thou stynkyng knave, ye are but knaves and brybours

everych one of you."[209] Thomas Banister, of St. Mary Wolechurch, when a

process was served upon him, "did threaten to slay the apparitor." "Thou

horson knave," he said to him, "without thou tell me who set thee awork to

summon me to the court, by Goddis woundes, and by this gold, I shall brake

thy head."[210] A "waiter, at the sign of the Cock," fell in trouble for

saying that "the sight of a priest did make him sick," also, "that he would

go sixty miles to indict a priest," saying also in the presence of

many--"horsyn priests, they shall be indicted as many as come to my

handling."[211] Often the officers found threats convert themselves into

acts. The apparitor of the Bishop of London went with a citation into the

shop of a mercer of St. Bride's, Henry Clitheroe by name. "Who does cite

me?" asked the mercer. "Marry, that do I," answered the apparitor, "if thou

wilt anything with it;" whereupon, as the apparitor deposeth, the said

Henry Clitheroe did hurl at him from off his finger that instrument of his

art called the "thymmelle," and he, the apparitor, drawing his sword, "the

said Henry did snatch up his virga, Anglice, his yard, and did pursue the

apparitor into the public streets, and after multiplying of many blows did

break the head of the said apparitor."[212] These are light matters, but

they were straws upon the stream; and such a scene as this which follows

reveals the principles on which the courts awarded their judgment. One

Richard Hunt was summoned for certain articles implying contempt, and for

vilipending his lordship's jurisdiction. Being examined, he confessed to

the words following: "That all false matters were bolstered and clokyd in

this court of Paul's Cheyne; moreover he called the apparitor, William

Middleton, false knave in the full court, and his father's dettes, said he,

by means of his mother-in-law and master commissary, were not payd; and

this he would abide by, that he had now in this place said no more but

truth." Being called on to answer further, he said he would not, and his

lordship did therefore excommunicate him.[213] From so brief an entry we

cannot tell on which side the justice lay; but at least we can measure the

equity of a tribunal which punished complaints against itself with

excommunication, and dismissed the confessed incest of a priest with a fine

of a few shillings.

Such then were the English consistory courts. I have selected but a few

instances from the proceedings of a single one of them. If we are to

understand the weight with which the system pressed upon the people, we

must multiply the proceedings at St. Paul's by the number of the English

dioceses; the number of dioceses by the number of archdeaconries; we must

remember that in proportion to the distance from London the abuse must have

increased indefinitely from the absence of even partial surveillance; we

must remember that appeals were permitted only from one ecclesiastical

court to another; from the archdeacon's court to that of the bishop of the

diocese, from that of the bishop to the Court of Arches; that any language

of impatience or resistance furnished suspicion of heresy, and that the

only security therefore was submission. We can then imagine what England

must have been with an archdeacon's commissary sitting constantly in every

town; exercising an undefined jurisdiction over general morality; and every

court swarming with petty lawyers who lived upon the fees which they could

extract. Such a system for the administration of justice was perhaps never

tolerated before in any country.

But the time of reckoning at length was arrived; slowly the hand had

crawled along the dial plate; slowly as if the event would never come: and

wrong was heaped on wrong; and oppression cried, and it seemed as if no ear

had heard its voice; till the measure of the circle was at length

fulfilled, the finger touched the hour, and as the strokes of the great

hammer rang out above the nation, in an instant the mighty fabric of

iniquity was shivered into ruins. Wolsey had dreamed that it might still

stand, self-reformed as he hoped to see it; but in his dread lest any hands

but those of friends should touch the work, he had "prolonged its sickly

days," waiting for the convenient season which was not to be; he had put

off the meeting of parliament, knowing that if parliament were once

assembled, he would be unable to resist the pressure which would be brought

to bear upon him; and in the impatient minds of the people he had

identified himself with the evils which he alone for the few last years had

hindered from falling. At length he had fallen himself, and his disgrace

was celebrated in London with enthusiastic rejoicing as the inauguration of

the new era. On the eighteenth of October, 1529, Wolsey delivered up the

seals. He was ordered to retire to Esher; and, "at the taking of his

barge," Cavendish saw no less than a thousand boats full of men and women

of the city of London, "waffeting up and down in Thames," to see him sent,

as they expected, to the Tower.[214] A fortnight later the same crowd was

perhaps again assembled on a wiser occasion, and with truer reason for

exultation, to see the king coming up in his barge from Greenwich to open

parliament.

"According to the summons," says Hall, "the King of England began his high

court of parliament the third day of November, on which day he came by

water to his palace of Bridewell, and there he and his nobles put on their

robes of Parliament, and so came to the Black Friars Church, where a mass

of the Holy Ghost was solemnly sung by the king's chaplain; and after the

mass, the king, with all his Lords and Commons which were summoned to

appear on that day, came into the Parliament. The king sate on his throne

or seat royal, and Sir Thomas More, his chancellor, standing on the right

hand of the king, made an eloquent oration, setting forth the causes why at

that time the king so had summoned them."[215]

"Like as a good shepherd," More said, "which not only keepeth and attendeth

well his sheep, but also foreseeth and provideth for all things which

either may be hurtful or noysome to his flock; so the king, which is the

shepherd, ruler, and governor of his realm, vigilantly foreseeing things to

come, considers how that divers laws, before this time made, are now, by

long continuance of time and mutation of things, become very insufficient

and imperfect; and also, by the frail condition of man, divers new

enormities are sprung amongst the people, for the which no law is yet made

to reform the same. For this cause the king at this time has summoned his

high court of parliament; and I liken the king to a shepherd or herdsman,

because if a prince be compared to his riches, he is but a rich man; if a

prince be compared to his honour, he is but an honourable man; but compare

him to the multitude of his people, and the number of his flock, then he is

a ruler, a governor of might and puissance; so that his people maketh him a

prince, as of the multitude of sheep cometh the name of a shepherd.

"And as you see that amongst a great flock of sheep some be rotten and

faulty, which the good shepherd sendeth from the good sheep; so the great

wether which is of late fallen, as you all know, so craftily, so scabedly,

yea, so untruly juggled with the king, that all men must needs guess that

he thought in himself, either the king had no wit to perceive his crafty

doings, or else that he would not see nor know them.

"But he was deceived, for his Grace's sight was so quick and penetrable

that he saw him; yea, and saw through him, both within and without; and

according to his desert he hath had a gentle correction, which small

punishment the king will not to be an example to other offenders; but

clearly declareth that whosoever hereafter shall make like attempt, or

shall commit like offence, shall not escape with like punishment.

"And because you of the Commons House be a gross multitude, and cannot all

speak at one time, the king's pleasure is, that you resort to the Nether

House, and then amongst yourselves, according to the old and antient

custom, choose an able person to be your common mouth and speaker."[216]

The invective against "the great wether" was not perhaps the portion of the

speech to which the audience listened with least interest. In the minds of

contemporaries, principles are identified with persons, who form, as it

were, the focus on which the passions concentrate. At present we may

consent to forget Wolsey, and fix our attention on the more permanently

essential matter--the reform of the laws. The world was changing; how

swiftly, how completely, no living person knew;--but a confusion no longer

tolerable was a patent fact to all men; and with a wise instinct it was

resolved that the grievances of the nation, which had accumulated through

centuries, should be submitted to a complete ventilation, without reserve,

check, or secrecy.

For this purpose it was essential that the Houses should not be interfered

with, that they should be allowed full liberty to express their wishes and

to act upon them. Accordingly, the practice then usual with ministers, of

undertaking the direction of the proceedings, was clearly on this occasion

foregone. In the House of Commons then, as much as now, there was in theory

unrestricted liberty of discussion, and free right for any member to

originate whatever motion he pleased. "The discussions in the English

Parliament," wrote Henry himself to the pope, "are free and unrestricted;

the crown has no power to limit their debates or to controul the votes of

the members. They determine everything for themselves, as the interests of

the commonwealth require."[217] But so long as confidence existed between

the crown and the people, these rights were in great measure surrendered.

The ministers prepared the business which was to be transacted; and the

temper of the Houses was usually so well understood, that, except when

there was a demand for money, it was rare that a measure was proposed the

acceptance of which was doubtful, or the nature of which would provoke

debate. So little jealousy, indeed, was in quiet times entertained of the

power of the crown, and so little was a residence in London to the taste of

the burgesses and the country gentlemen, that not only were their expenses

defrayed by a considerable salary, but it was found necessary to forbid

them absenting themselves from their duties by a positive enactment.[218]

In the composition of the House of Commons, however, which had now

assembled, no symptoms appeared of such indifference. The election had

taken place in the midst of great and general excitement; and the members

chosen, if we may judge from their acts and their petitions, were men of

that broad resolved temper, who only in times of popular effervescence are

called forward into prominence. It would have probably been unsafe for the

crown to attempt dictation or repression at such a time, if it had desired

to do so. Under the actual circumstances, its interest was to encourage the

fullest expression of public feeling.

The proceedings were commenced with a formal "act of accusation" against

the clergy, which was submitted to the king in the name of the Commons of

England, and contained a summary of the wrongs of which the people

complained. This remarkable document must have been drawn up before the

opening of parliament, and must have been presented in the first week of

the session,--probably on the first day on which the House met to transact

business.[219] There is appearance of haste in the composition, little

order being observed in the catalogue of grievances; but inasmuch as it

contains the germ of all the acts which were framed in the following years

for the reform of the church, and is in fact the most complete exhibition

which we possess of the working of the church system at the time when it

ceased to be any more tolerable, I have thought it well to insert it

uncurtailed. Although the fact of the presentation of this petition has

been well known, it has not been accurately described by any of our

historians, none of them appearing to have seen more than incorrect and

imperfect epitomes of it.[220]

"TO THE KING OUR SOVEREIGN LORD

"In most humble wise show unto your Highness and your most prudent wisdom

your faithful, loving, and most obedient servants the Commons in this your

present parliament assembled; that of late, as well through new fantastical

and erroneous opinions grown by occasion of frantic seditious books

compiled, imprinted, published, and made in the English tongue, contrary

and against the very true Catholic and Christian faith; as also by the

extreme and uncharitable behaviour and dealing of divers ordinaries, their

commissaries and sumners, which have heretofore had, and yet have the

examination in and upon the said errours and heretical opinions; much

discord, variance, and debate hath risen, and more and more daily is like

to increase and ensue amongst the universal sort of your said subjects, as

well spiritual as temporal, each against the other--in most uncharitable

manner, to the great inquietation, vexation, and breach of your peace

within this your most Catholic Realm:

"The special particular griefs whereof, which most principally concern your

Commons and lay subjects, and which are, as they undoubtedly suppose, the

very chief fountains, occasions, and causes that daily breedeth and

nourisheth the said seditious factions, deadly hatred, and most

uncharitable part taking, of either part of said subjects spiritual and

temporal against the other, followingly do ensue.--

"I. First the prelates and spiritual ordinaries of this your most excellent

Realm of England, and the clergy of the same, have in their convocations

heretofore made or caused to be made, and also daily do make many and

divers fashions of laws, constitutions, and ordinances; without your

knowledge or most Royal assent, and without the assent and consent of any

of your lay subjects; unto the which laws your said lay subjects have not

only heretofore been and daily be constrained to obey, in their bodies,

goods, and possessions; but have also been compelled to incur daily into

the censures of the same, and been continually put to importable charges

and expenses, against all equity, right, and good conscience. And yet your

said humble subjects ne their predecessors could ever be privy to the said

laws; ne any of the said laws have been declared unto them in the English

tongue, or otherwise published, by knowledge whereof they might have

eschewed the penalties, dangers, or censures of the same; which laws so

made your said most humble and obedient servants, under the supportation of

your Majesty, suppose to be not only to the diminution and derogation of

your imperial jurisdiction and prerogative royal, but also to the great

prejudice, inquietation, and damage of your said subjects.

"II. Also now of late there hath been devised by the Most Reverend Father

in God, William, Archbishop of Canterbury, that in the courts which he

calleth his Courts of the Arches and Audience, shall only be ten proctors

at his deputation, which be sworn to preserve and promote the only

jurisdiction of his said courts; by reason whereof, if any of your lay

subjects should have any lawful cause against the judges of the said

courts, or any doctors or proctors of the same, or any of their friends

and adherents, they can ne may in nowise have indifferent counsel: and

also all the causes depending in any of the said courts may by the

confederacy of the said few proctors be in such wise tracted and delayed,

as your subjects suing in the same shall be put to importable charges,

costs, and expense. And further, in case that any matter there being

preferred should touch your crown, your regal jurisdiction, and

prerogative Royal, yet the same shall not be disclosed by any of the

said proctors for fear of the loss of their offices. Your most obedient

subjects do therefore, under protection of your Majesty, suppose that

your Highness should have the nomination of some convenient number of

proctors to be always attendant upon the said Courts of Arches and

Audience, there to be sworn to the preferment of your jurisdiction and

prerogative, and to the expedition of the causes of your lay subjects

repairing and suing to the same.

"III. And also many of your said most humble and obedient subjects, and

_specially those that be of the poorest sort_, within this your Realm, be

daily convented and called before the said spiritual ordinaries, their

commissaries and substitutes, _ex officio_; sometimes, at the pleasure of

the said ordinaries, for malice without any cause; and sometimes at the

only promotion and accusement of their summoners and apparitors, being

light and undiscreet persons; without any lawful cause of accusation, or

credible fame proved against them, and without any presentment in the

visitation: and your said poor subjects be thus inquieted, disturbed,

vexed, troubled, and put to excessive and importable charges for them to

bear--and many times be suspended and excommunicate for small and light

causes upon the only certificate of the proctors of the adversaries, made

under a feigned seal which every proctor hath in his keeping; whereas the

party suspended or excommunicate many times never had any warning; and yet

when he shall be absolved, if it be out of court, he shall be compelled to

pay to his own proctor twenty[221] _pence_; to the proctor which is against

him other twenty pence, and twenty pence to the scribe, besides a privy

reward that the judge shall have, to the great impoverishing of your said

poor lay subjects.

"IV. Also your said most humble and obedient servants find themselves

grieved with the great and excessive fees taken in the said spiritual

courts, and especially in the said Courts of the Arches and Audience; where

they take for every citation two shillings and sixpence; for every

inhibition six shillings and eightpence; for every proxy sixteen pence; for

every certificate sixteen pence; for every libel three shillings and

fourpence; for every answer for every libel three shillings and fourpence;

for every act, if it be but two words according to the register, fourpence;

for every personal citation or decree three shillings and fourpence; for

every sentence or judgment, to the judge twenty-six shillings and

eightpence; for every testament upon such sentence or judgment twenty-six

shillings and eightpence; for every significavit twelve shillings; for

every commission to examine witnesses twelve shillings, which charges be

thought importable to be borne by your said subjects, and very necessary to

be reformed.

"V. And also the said prelates and ordinaries daily do permit and suffer

the parsons, vicars, curates, parish priests, and other spiritual persons

having cure of souls within this your Realm, to exact and take of your

humble servants divers sums of money for the sacraments and sacramentals of

Holy Church, sometimes denying the same without they be first paid[222] the

said sums of money, which sacraments and sacramentals your said most humble

and obedient subjects, under protection of your Highness, do suppose and

think ought to be in most reverend, charitable, and godly wise freely

ministered unto them at all times requisite, without denial, or exaction of

any manner sums of money to be demanded or asked for the same.

"VI. And also in the spiritual courts of the said prelates and ordinaries

there be limited and appointed so many judges, scribes, apparitors,

summoners, appraysers, and other ministers for the approbation of

Testaments, which covet so much their own private lucres, and the

satisfaction and appetites of the said prelates and ordinaries, that when

any of your said loving subjects do repair to any of the said courts for

the probate of any Testaments, they do in such wise make so long delays, or

excessively do take of them so large fees and rewards for the same as is

importable for them to bear, directly against all justice, law, equity, and

good conscience. Therefore your most humble and obedient subjects do, under

your gracious correction and supportation, suppose it were very necessary

that the said ordinaries in their deputation of judges should be bound to

appoint and assign such discreet, gracious, and honest persons, having

sufficient learning, wit, discretion, and understanding; and also being

endowed with such spiritual promotion, stipend, and salary; as they being

judges in their said courts might and may minister to every person

repairing to the same, justice--without taking any manner of fee or reward

for any manner of sentence or judgment to be given before them.

"VII. And also divers spiritual persons being presented as well by your

Highness as others within this your Realm to divers benefices or other

spiritual promotions, the said ordinaries and their ministers do not only

take of them for their letters of institution and induction many large sums

of money and rewards; but also do pact and covenant with the same, taking

sure bonds for their indemnity to answer to the said ordinaries for the

firstfruits of their said benefices after their institution--so as they,

being once presented or promoted, as aforesaid, are by the said ordinaries

very uncharitably handled, to their no little hindrance and impoverishment;

which your said subjects suppose not only to be against all laws, right,

and good conscience, but also to be simony, and contrary to the laws of

God.

"VIII. And also _the said spiritual ordinaries do daily confer and give

sundry benefices unto certain young folks, calling them their nephews or

kinsfolk_, being in their minority and within age, not apt ne able to serve

the cure of any such benefice: whereby the said ordinaries do keep and

detain the fruits and profits of the same benefices in their own hands, and

thereby accumulate to themselves right great and large sums of money and

yearly profits, to the most pernicious example of your said lay

subjects--and so the cures and promotions given unto such infants be only

employed to the enriching of the said ordinaries; and the poor silly souls

of your people, which should be taught in the parishes given as aforesaid,

for lack of good curates [be left] to perish without doctrine or any good

teaching.

"IX. Also, a great number of holydays now at this present time, with very

small devotion, be solemnised and kept throughout this your Realm, upon the

which many great, abominable, and execrable vices, idle and wanton sports,

be used and exercised, which holydays, if it may stand with your Grace's

pleasure, and specially such as fall in the harvest, might, by your

Majesty, with the advice of your most honourable council, prelates, and

ordinaries, be made fewer in number; and those that shall be hereafter

ordained to stand and continue, might and may be the more devoutly,

religiously, and reverendly observed, to the laud of Almighty God, and to

the increase of your high honour and favour.

"X. And furthermore the said spiritual ordinaries, their commissaries and

substitutes, sometimes for their own pleasure, sometimes by the sinister

procurement of other spiritual persons, use to make out process against

divers of your said subjects, and thereby compel them to appear before

themselves, to answer at a certain day and place to such articles as by

them shall be, _ex officio_, then proposed; and that secretly and not in

open places;[223] and forthwith upon their appearance, without any

declaration made or showed, commit and send them to ward, sometimes for

[half] a year, sometimes for a whole year or more, before they may in

anywise know either the cause of their imprisonment or the name of their

accuser;[224] and finally after their great costs and charges therein, when

all is examined and nothing can be proved against them, but they clearly

innocent for any fault or crime that can be laid unto them, they be again

set at large without any recompence or amends in that behalf to be towards

them adjudged.

"XI. And also if percase upon the said process and appearance any party be

upon the said matter, cause, or examination, brought forth and named,

either as party or witness, and then upon the proof and trial thereof be

not able to prove and verify the said accusation and testimony against the

party accused, then the person so accused is for the more part without any

remedy for his charges and wrongful vexation to be towards him adjudged and

recovered.

"XII. Also upon the examination of the said accusation, if heresy be

ordinarily laid unto the charge of the parties so accused, then the said

ordinaries or their ministers use to put to them such subtle

interrogatories concerning the high mysteries of our faith, as are able

quickly to trap a simple unlearned, or yet a well-witted layman without

learning, and bring them by such sinister introductions soon to their own

confusion. And further, if there chance any heresy to be by such subtle

policy, by any person confessed in words, and yet never committed neither

in thought nor deed, then put they, without further favour, the said person

either to make his purgation, and so thereby to lose his honesty and

credence for ever; or else as some simple silly soul [may do], the said

person may stand precisely to the testimony of his own well-known

conscience, rather than confess his innocent truth in that behalf [to be

other than he knows it to be], and so be utterly destroyed. And if it

fortune the said party so accused to deny the said accusation, and to put

his adversaries to prove the same as being untrue, forged and imagined

against him, then for the most part such witnesses as are brought forth for

the same, be they but two in number, never so sore diffamed, of little

truth or credence, they shall be allowed and enabled, only by discretion of

the said ordinaries, their commissaries or substitutes; and thereupon

sufficient cause be found to proceed to judgment, to deliver the party so

accused either to secular hands, after abjuration,[225] without remedy; or

afore if he submit himself, as best happeneth, he shall have to make his

purgation and bear a faggot, to his extreme shame and undoing.

"In consideration of all these things, most gracious Sovereign Lord, and

forasmuch as there is at this present time, and by a few years past hath

been outrageous violence on the one part and much default and lack of

patient sufferance, charity, and good will on the other part; and

consequently a marvellous disorder [hath ensued] of the godly quiet, peace,

and tranquillity in which this your Realm heretofore, ever hitherto, has

been through your politic wisdom, most honourable fame, and catholic faith

inviolably preserved; it may therefore, most benign Sovereign Lord, like

your excellent goodness for the tender and universally indifferent zeal,

benign love and favour which your Highness beareth towards both the said

parties, that the said articles (if they shall be by your most clear and

perfect judgment, thought any instrument of the said disorders and

factions), being deeply and weightily, after your accustomed ways and

manner, searched and considered; graciously to provide (all violence on

both sides utterly and clearly set apart) some such necessary and behoveful

remedies as may effectually reconcile and bring in perpetual unity, your

said subjects, spiritual and temporal; and for the establishment thereof,

to make and ordain on both sides such strait laws against transgressors and

offenders as shall be too heavy, dangerous, and weighty for them, or any of

them, to bear, suffer, and sustain.

"Whereunto your said Commons most humbly and entirely beseech your Grace,

as the only Head, Sovereign Lord and Protector of both the said parties, in

whom and by whom the only and sole redress, reformation, and remedy herein

absolutely resteth [of your goodness to consent]. By occasion whereof all

your Commons in their conscience surely account that, beside the marvellous

fervent love that your Highness shall thereby engender in their hearts

towards your Grace, ye shall do the most princely feat, and show the most

honourable and charitable precedent and mirrour that ever did sovereign

lord upon his subjects; and therewithal merit and deserve of our merciful

God eternal bliss--whose goodness grant your Grace in goodly, princely, and

honourable estate long to reign, prosper, and continue as the Sovereign

Lord over all your said most humble and obedient servants."[226]

But little comment need be added in explanation of this petition, which,

though drawn with evident haste, is no less remarkable for temper and good

feeling, than for the masterly clearness with which the evils complained of

are laid bare. Historians will be careful for the future how they swell the

charges against Wolsey with quoting the lamentations of Archbishop Warham,

when his Court of Arches was for a while superseded by the Legate's Court,

and causes lingering before his commissaries were summarily dispatched at a

higher tribunal.[227] The archbishop professed, indeed, that he derived no

personal advantage from his courts,[228] and as we have only the popular

impression to the contrary to set against his word, we must believe him;

yet it was of small moment to the laity who were pillaged, whether the

spoils taken from them filled the coffers of the master, or those of his

followers and friends.

When we consider, also, the significant allusion[229] to the young folks

whom the bishops called their nephews, we cease to wonder at their lenient

dealing with the poor priests who had sunk under the temptations of frail

humanity; and still less can we wonder at the rough handling which was soon

found necessary to bring back these high dignitaries to a better mind.

The House of Commons, in casting their grievances into the form of a

petition, showed that they had no desire to thrust forward of themselves

violent measures of reform; they sought rather to explain firmly and

decisively what the country required. The king, selecting out of the many

points noticed those which seemed most immediately pressing, referred them

back to the parliament, with a direction to draw up such enactments as in

their own judgment would furnish effective relief. In the meantime he

submitted the petition itself to the consideration of the bishops,

requiring their immediate answer to the charges against them, and

accompanied this request with a further important requisition. The

legislative authority of convocation lay at the root of the evils which

were most complained of. The bishops and clergy held themselves independent

of either crown or parliament, passing canons by their own irresponsible

and unchecked will, irrespective of the laws of the land, and sometimes in

direct violation of them; and to these canons the laity were amenable

without being made acquainted with their provisions, learning them only in

the infliction of penalties for their unintended breach. The king required

that thenceforward the convocation should consent to place itself in the

position of parliament, and that his own consent should be required and

received before any law passed by convocation should have the force of

statute.[230]

Little notion, indeed, could the bishops have possessed of the position in

which they were standing. It seemed as if they literally believed that the

promise of perpetuity which Christ had made to his church was a charm which

would hold them free in the quiet course of their injustice; or else, under

the blinding influence of custom, they did not really know that any

injustice adhered to them. They could see in themselves only the ideal

virtues of their saintly office, and not the vices of their fragile

humanity; they believed that they were still holy, still spotless, still

immaculate, and therefore that no danger might come near them. It cannot

have been but that, before the minds of such men as Warham and Fisher, some

visions of a future must at times have floated, which hung so plainly

before the eyes of Wolsey and of Sir Thomas More.[231] They could not have

been wholly deaf to the storm in Germany; and they must have heard

something of the growls of smothered anger which for years had been audible

at home, to all who had ears to hear.[232] Yet if any such thoughts at

times did cross their imagination, they were thrust aside as an uneasy

dream, to be shaken off like a nightmare, or with the coward's consolation,

"It will last my time." If the bishops ever felt an uneasy moment, there is

no trace of uneasiness in the answer which they sent in to the king, and

which now, when we read it with the light which is thrown back out of the

succeeding years, seems like the composition of mere lunacy. Perhaps they

had confidence in the support of Henry. In their courts they were in the

habit of identifying an attack upon themselves with an attack upon the

doctrines of the Church; and reading the king's feelings in their own, they

may have considered themselves safe under the protection of a sovereign who

had broken a lance with Luther, and had called himself the Pope's champion.

Perhaps they thought that they had bound him to themselves by a declaration

which they had all signed in the preceding summer in favour of the

divorce.[233] Perhaps they were but steeped in the dulness of official

lethargy. The defence is long, wearying the patience to read it; wearying

the imagination to invent excuses for the falsehoods which it contains. Yet

it is well to see all men in the light in which they see themselves; and

justice requires that we allow the bishops the benefit of their own reply.

It was couched in the following words:--[234]

"After our most humble wise, with our most bounden duty of honour and

reverence to your excellent Majesty, endued from God with incomparable

wisdom and goodness. Please it the same to understand that we, your orators

and daily bounden bedemen, have read and perused a certain supplication

which the Commons of your Grace's honourable parliament now assembled have

offered unto your Highness, and by your Grace's commandment delivered unto

us, that we should make answer thereunto. We have, as the time hath served,

made this answer following, beseeching your Grace's indifferent benignity

graciously to hear the same.

"And first for that discord, variance, and debate which, in the preface of

the said supplication they do allege to have risen among your Grace's

subjects, spiritual and temporal, occasioned, as they say, by the

uncharitable behaviour and demeanour of divers ordinaries: to this we, the

ordinaries, answer, assuring your Majesty that in our hearts there is no

such discord or variance ort our part against our brethren in God and

ghostly children your subjects, as is induced in this preface; but our

daily prayer is and shall be that all peace and concord may increase among

your Grace's true subjects our said children, whom God be our witness we

love, have loved, and shall love ever with hearty affection; never

intending any hurt ne harm towards any of them in soul or body; ne have we

ever enterprised anything against them of trouble, vexation, or

displeasure; but only have, with all charity, exercised the spiritual

jurisdiction of the Church, as we are bound of duty, upon certain

evil-disposed persons infected with the pestilent poison of heresy. And to

have peace with such had been against the Gospel of our Saviour Christ,

wherein he saith, _Non veni mittere pacem sed gladium_. Wherefore,

forasmuch as we know well that there be as well-disposed and

well-conscienced men of your Grace's Commons in no small number assembled,

as ever we knew at any time in parliament; and with that consider how on

our part there is given no such occasion why the whole number of the

spirituality and clergy should be thus noted unto your Highness; we

humbling our hearts to God and remitting the judgment of this our

inquietation to Him, and trusting, as his Scripture teacheth, that if we

love him above all, omnia cooperabuntur in bonum, shall endeavour to

declare to your Highness the innocency of us, your poor orators.

"And where, after the general preface of the same supplication, your

Grace's Commons descend to special particular griefs, and first to those

divers fashions of laws concerning temporal things, whereon, as they say,

the clergy in their convocation have made and daily do make divers laws, to

their great trouble and inquietation, which said laws be sometimes

repugnant to the statutes of your Realm, with many other complaints

thereupon:[235] To this we say, that forasmuch as we repute and take our

authority of making of laws to be grounded upon the Scriptures of God and

the determination of Holy Church, which must be the rule and square to try

the justice and righteousness of all laws, as well spiritual as temporal,

we verily trust that in such laws as have been made by us, or by our

predecessors, the same being sincerely interpreted, and after the meaning

of the makers, there shall be found nothing contained in them but such as

may be well justified by the said rule and square. And if it shall

otherwise appear, as it is our duty whereunto we shall always most

diligently apply ourselves to reform our ordinances to God's commission,

and to conform our statutes to the determination of Scripture and Holy

Church; _so we hope in God, and shall daily pray for the same, that your

Highness will, if there appear cause why, with the assent of your people,

temper your Grace's laws accordingly; whereby shall ensue a most sure and

hearty conjunction and agreement; God being lapis angularis_.

"And as concerning the requiring of your Highness's royal assent to the

authorising of such laws as have been made by our predecessors, or shall be

made by us, in such points and articles, as we have authority to rule and

order; we knowing your Highness's wisdom, virtue, and learning, nothing

doubt but that the same perceiveth how the granting thereunto dependeth not

upon our will and liberty, _and that we may not submit the execution of our

charges and duty certainly prescribed to us by God to your Highness's

assent_; although, indeed, the same is most worthy for your most princely

and excellent virtues, not only to give your royal assent, but also to

devise and command what we should for good order or manners by statutes and

laws provide in the church. Nevertheless, we considering we may not so nor

in such sort restrain the doing of our office in the feeding and ruling of

Christ's people, we most humbly desire your Grace (as the same hath done

heretofore) to show your Grace's mind and opinion unto us, which we shall

most gladly hear and follow if it shall please God to inspire us so to do;

and with all humility we therefore beseech your Grace, following the steps

of your most noble progenitors, to maintain and defend such laws and

ordinances as we, according to our calling and by the authority of God,

shall for his honour make to the edification of virtue and the maintaining

of Christ's faith, whereof your Highness is defender in name, and hath been

hitherto indeed a special protector.

"Furthermore, where there be found in the said supplication, with mention

of your Grace's person, other griefs that some of the said laws extend to

the goods and possessions of your said lay subjects, declaring the

transgressors not only to fall under the terrible censure of

excommunication, but also under the detestable crime of heresy:

"To this we answer that we remember no such, and yet if there be any such,

it is but according to the common law of the Church, and also to your

Grace's law, which determine and decree that every person spiritual or

temporal condemned of heresy shall forfeit his moveables or immoveables to

your Highness, or to the lord spiritual or temporal that by law hath right

to them.[236] Other statutes we remember none that toucheth lands or goods.

If there be, it were good that they were brought forth to be weighed and

pondered accordingly.

"Item as touching the second principal article of the said supplication,

where they say that divers and many of your Grace's obedient subjects, and

especially they that be of the poorest sort, be daily called before us or

before our substitutes ex officio; sometimes at the pleasure of us, the

ordinaries, without any probable cause, and sometimes at the only promotion

of our summoner, without any credible fame first proved against them, and

without presentment in the visitation or lawful accusation:

"On this we desire your high wisdom and learning to consider that albeit in

the ordering of Christ's people, your Grace's subjects, God of His

spiritual goodness assisteth his church, and inspireth by the Holy Ghost as

we verily trust such rules and laws as tend to the wealth of his elect

folk; yet upon considerations to man unknown, his infinite wisdom leaveth

or permitteth men to walk in their infirmity and frailty; so that we cannot

ne will arrogantly presume of ourselves, as though being in name spiritual

men, we were also in all our acts and doings clean and void from all

temporal affections and carnality of this world, or that the laws of the

church made for spiritual and ghostly purpose be not sometime applied to

worldly intent. This we ought and do lament, as becometh us, very sore.

Nevertheless, as the evil deeds of men be the mere defaults of those

particular men, and not of the whole order of the clergy, nor of the law

wholesomely by them made; our request and petition shall be with all

humility and reverence; that laws well made be not therefore called evil

because by all men and at all times they be not well executed; and that in

such defaults as shall appear such distribution may be used _ut unusquisque

onus suum portet_, and remedy be found to reform the offenders; unto the

which your Highness shall perceive as great towardness in your said orators

as can be required upon declaration of particulars. And other answer than

this cannot be made in the name of your whole clergy, for though _in multis

offendimus omnes_, as St. James saith, yet not 'in omnibus offendimus

omnes;' and the whole number can neither justify ne condemn particular acts

to them unknown but thus. He that calleth a man ex officio for correction

of sin, doeth well. He that calleth men for pleasure or vexation, doeth

evil. Summoners should be honest men. If they offend in their office, they

should be punished. To prove first [their faults] before men be called, is

not necessary. He that is called according to the laws ex officio or

otherwise, cannot complain. He that is otherwise ordered should have by

reason convenient recompence and so forth; that is well to be allowed, and

misdemeanour when it appeareth to be reproved.

"Item where they say in the same article that upon their appearance ex

officio at the only pleasure of the ordinaries, they be committed to prison

without bail or mainprize; and there they lie some half a year or more

before they come to their deliverance; to this we answer,--

"That we use no prison before conviction but for sure custody, and only of

such as be suspected of heresy, in which crime, thanked be God, there hath

fallen no such notable person in our time, or of such qualities as hath

given occasion of any sinister suspicion to be conceived of malice or

hatred to his person other than the heinousness of their crime deserveth.

_Truth it is that certain apostates, friars, monks, lewd priests, bankrupt

merchants, vagabonds, and lewd idle fellows of corrupt intent, have

embraced the abominable and erroneous opinions lately sprung in Germany_;

and by them some have been seduced in simplicity and ignorance. Against

these, if judgment has been exercised according to the laws of the church,

and conformably to the laws of this realm, we be without blame. If we have

been too remiss and slack, we shall gladly do our duty from henceforth. If

any man hath been, under pretence of this [crime], particularly offended,

it were pity to suffer any man to be wronged; and thus it ought to be, and

otherwise we cannot answer, no man's special case being declared in the

said petition.

"Item where they say further that they so appearing ex officio, be

condemned to answer to many subtle questions by the which a simple,

unlearned, or else a well-witted layman without learning sometimes is, and

commonly may be trapped and induced into peril of open penance to their

shame, or else [forced] to redeem their penance for money, as is commonly

used; to this we answer that we should not use subtlety, for we should do

all things plainly and openly; and if we do otherwise, we do amiss. We

ought not to ask questions, but after the capacities of the man. Christ

hath defended his true doctrine and faith in his Catholic church from all

subtlety, and so preserved good men in the same, as they have not (blessed

be God) been vexed, inquieted, or troubled in Christ's church. Thereupon

evil men fall in danger by their own subtlety; we protest afore God we have

neither known, read, nor heard of any one man damaged or prejudiced by

spiritual jurisdiction in this behalf, neither in this realm nor any other,

but only by his own deserts. Such is the goodness of God in maintaining the

cause of his Catholic faith.

"Item where they say they be compelled to do open penance, or else redeem

the same for money; as for penance, we answer it consisteth in the arbitre

of a judge who ought to enjoin such penance as might profit for correction

of the fault. Whereupon we disallow that judge's doing who taketh money for

penance for lucre or advantage, not regarding the reformation of sin as he

ought to do. But when open penance may sometimes work in certain persons

more hurt than good, it is commendable and allowable in that case to punish

by the purse, and preserve the fame of the party; foreseeing always the

money be converted _in usus pios et eleemosynam_, and thus we think of the

thing, and that the offenders should be punished.

"Item where they complain that two witnesses be admitted, be they never so

defamed, of little truth or credence, adversaries or enemies to the

parties; yet in many cases they be allowed by the discretion of the

ordinaries to put the party defamed, ex officio, to open penance, and then

to redemption for money; so that every of your subjects, upon the only will

of the ordinaries or their substitutes, without any accuser, proved fame,

or presentment, is or may be infamed, vexed, and troubled, to the peril of

their lives, their shames, costs, and expenses:

"To this we reply, _the Gospel of Christ teacheth us to believe two

witnesses; and as the cause is, so the judge must esteem the quality of the

witness; and in heresy no exception is necessary to be considered if their

tale be likely; which hath been highly provided lest heretics without

jeopardy might else plant their_ _heresies in lewd and light persons, and

taking exception to the witnesses, take boldness to continue their folly.

This is the universal law of Christendom, and hath universally done good.

Of any injury done to any man thereby we know not_.

"Item where they say it is not intended by them to take away from us our

authority to correct and punish sins, and especially the detestable crime

of heresy:

"To this we answer, in the prosecuting heretics we regard our duty and

office whereunto we be called, and if God will discharge us thereof, or

cease that plague universal, as, by directing the hearts of princes, and

specially the heart of your Highness (laud and thanks be unto Him), His

goodness doth commence and begin to do, we should and shall have great

cause to rejoice; as being our authority therein costly, dangerous, full of

trouble and business, without any fruit, pleasure, or commodity worldly,

but a continued conflict and vexation with pertinacity, wilfulness, folly,

and ignorance, whereupon followeth their bodily and ghostly destruction, to

our great sorrow.

"Item where they desire that by assent of your Highness (if the laws

heretofore made be not sufficient for the repression of heresy) more

dreadful and terrible laws may be made; this We think is undoubtedly a more

charitable request than as we trust necessary, considering that by the aid

of your Highness, and the pains of your Grace's statutes freely executed,

your realm may be in short time clean purged from the few small dregs that

do remain, if any do remain.

"Item where they desire some reasonable declaration may be made to your

people, how they may, if they will, avoid the peril of heresy. No better

declaration, we say, can be made than is already by our Saviour Christ, the

Apostles, and the determination of the church, which if they keep, they

shall not fail to eschew heresy.

"Item where they desire that some charitable fashion may be devised by your

wisdom for the calling of any of your subjects before us, that it shall not

stand in the only will and pleasure of the ordinaries at their own

imagination, without lawful accusation by honest witness, according to your

law; to this we say that a better provision cannot be devised than is

already devised by the clergy in our opinion; and if any default appear in

the execution, it shall be amended on declaration of the particulars, and

the same proved.

"Item where they say that your subjects be cited out of the diocese which

they dwell in, and many times be suspended and excommunicate for light

causes upon the only certificate devised by the proctors, and that all your

subjects find themselves grieved with the excessive fees taken in the

spiritual courts:

"To this article, for because it concerneth specially the spiritual courts

of me the Archbishop of Canterbury, please it your Grace to understand that

about twelve months past I reformed certain things objected here; and now

within these ten weeks I reformed many other things in my said courts, as I

suppose is not unknown unto your Grace's Commons; and some of the fees of

the officers of my courts I have brought down to halves, some to the third

part, and some wholly taken away and extincted; and yet it is objected to

me as though I had taken no manner of reformation therein. Nevertheless I

shall not cease yet; but in such things as I shall see your Commons most

offended I will set redress accordingly, so as, I trust, they will be

contented in that behalf. And I, the said archbishop, beseech your Grace to

consider what service the doctors in civil law, which have had their

practice in my courts, have done your Grace concerning treaties, truces,

confederations, and leagues devised and concluded with outward princes; and

that without such learned men in civil law your Grace could not have been

so conveniently served as at all times you have been, which thing, perhaps,

when such learned men shall fail, will appear more evident than it doth

now. The decay whereof grieveth me to foresee, not so greatly for any cause

concerning the pleasure or profit of myself, being a man spent, and at the

point to depart this world, and having no penny of any advantage by my said

courts, but principally for the good love which I bear to the honour of

your Grace and of your realm. And albeit there is, by the assent of the

Lords Temporal and the Commons of your Parliament, an act passed thereupon

already, the matter depending before your Majesty by way of supplication

offered to your Highness by your said Commons;[237] yet, forasmuch as we

your Grace's humble chaplains, the Archbishops of Canterbury and York, be

bounden by oath to be intercessors for the rights of our churches; and

forasmuch as the spiritual prelates of the clergy, being of your Grace's

parliament, consented to the said act for divers great causes moving their

conscience, we your Grace's said chaplains show unto your Highness that it

hath appertained to the Archbishops of Canterbury and York for the space of

four hundred years or thereabouts to have spiritual jurisdiction over all

your Grace's subjects dwelling within the provinces; and to have authority

to call before them, not only in spiritual causes devolved to them by way

of appeal, but also by way of querimony and complaint; which right and

privilege pertaineth not only to the persons of the said archbishops, but

also to the pre-eminences of their churches. Insomuch that when the

archbishop of either of the sees dieth, the said privileges do not only

remain to his successor (by which he is named Legatus natus), but also in

the meantime of vacation the same privilege resteth in the churches of

Canterbury and York; and is executed by the prior, dean and chapter of the

said churches; and so the said act is directly against the liberty and

privileges of the churches of Canterbury and York; and what dangers be to

them which study and labour to take away the liberties and privileges of

the church, whoso will read the general councils of Christendom and the

canons of the fathers of the Catholic church ordained in that behalf, shall

soon perceive. And further, we think verily that our churches, to which the

said privileges were granted, can give no cause why the pope himself (whose

predecessors granted that privilege) or any other (the honour of your Grace

ever except) may justly take away the same privileges so lawfully

prescribed from our churches, though we [ourselves] had greatly offended,

abusing the said privileges. But when in our persons we trust we have given

no cause why to lose that privilege, we beseech your Grace of your goodness

and absolute power to set such orders in this behalf as we may enjoy our

privileges lawfully admitted so long.

"Item where they complain that there is exacted and demanded in divers

parishes of this your realm, other manner of tythes than hath been

accustomed to be paid this hundred years past; and in some parts of this

your realm there is exacted double tythes, that is to say, threepence, or

twopence-halfpenny, for one acre, over and beside the tythe for the

increase of cattle that pastureth the same:

"To this we say, that tythes being due by God's law, be so duly paid

(thanked be God), by all good men, as there needeth not exaction in the

most parts of this your Grace's realm. As for double tythes, they cannot be

maintained due for one increase; whether in any place they be unduly

exacted in fact we know not. This we know in learning, that neither a

hundred years, nor seven hundred of non-payment, may debar the right of

God's law. The manner of payment, and person unto whom to pay, may be in

time altered, but the duty cannot by any means be taken away.

"Item where they say that when a mortuary is due, curates sometimes, before

they will demand it, will bring citation for it; and then will not receive

the mortuaries till they may have such costs as they say they have laid out

for the suit of the same; when, indeed, if they would first have charitably

demanded it, they needed not to have sued for the same, for it should have

been paid with good will:

"We answer that curates thus offending, if they were known, ought to be

punished, but who thus doeth we know not.

"Item where they say that divers spiritual persons being presented to

benefices within this your realm, we and our ministers do take of them

great sums of money and reward; we reply that this is a particular abuse,

and he that taketh reward doeth not well; and if any penny be exacted above

the accustomed rate and after convenient proportion, it is not well done.

But in taking the usual fee for the sealing, writing, and registering the

letters, which is very moderate, we cannot think it to be reputed as any

offence; neither have we heard any priests in our days complain of any

excess therein.

"And where they say in the same article that such as be presented be

delayed without reasonable cause, to the intent that we the ordinaries may

have the profit of the benefice during the vacation, unless they will pact

and convent with us by temporal bonds, whereof some bonds contain that we

should have part of the profit of the said benefice, which your said

subjects suppose to be not only against right and conscience, but also

seemeth to be simony, and contrary to the laws of God:

"To this we do say that a delay without reasonable cause, and for a

lucrative intent, is detestable in spiritual men, and the doers cannot

eschew punishment: but otherwise a delay is sometimes expedient to examine

the clerk, and sometimes necessary when the title is in variance. All other

bargains and covenants being contrary to the law ought to be punished, as

the quality is of the offence more or less, as simony or inordinate

covetousness.

The Reign of Henry the Eighth, Volume 1 (of 3) · 第 4 / 14 章