"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 subst.i.tutes, _ex officio_; sometimes, at the pleasure of the said ordinaries, for malice without any cause; and sometimes at the only promotion and accus.e.m.e.nt 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 G.o.dly 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 appet.i.tes 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 a.s.sign 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 inst.i.tution 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 inst.i.tution--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 G.o.d.
"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 acc.u.mulate 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 G.o.d, and to the increase of your high honour and favour.
"X. And furthermore the said spiritual ordinaries, their commissaries and subst.i.tutes, 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 subst.i.tutes; 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 f.a.ggot, 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 G.o.dly 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 G.o.d 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 pet.i.tion, 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 pet.i.tion, 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 pet.i.tion 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, pa.s.sing 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 pa.s.sed 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 G.o.d 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 a.s.sembled 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, a.s.suring your Majesty that in our hearts there is no such discord or variance ort our part against our brethren in G.o.d 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 G.o.d 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 a.s.sembled, 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 G.o.d 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 G.o.d 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 G.o.d"s commission, and to conform our statutes to the determination of Scripture and Holy Church; _so we hope in G.o.d, and shall daily pray for the same, that your Highness will, if there appear cause why, with the a.s.sent of your people, temper your Grace"s laws accordingly; whereby shall ensue a most sure and hearty conjunction and agreement; G.o.d being lapis angularis_.
"And as concerning the requiring of your Highness"s royal a.s.sent 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 G.o.d to your Highness"s a.s.sent_; although, indeed, the same is most worthy for your most princely and excellent virtues, not only to give your royal a.s.sent, 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 G.o.d to inspire us so to do; and with all humility we therefore beseech your Grace, following the steps of your most n.o.ble progenitors, to maintain and defend such laws and ordinances as we, according to our calling and by the authority of G.o.d, 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 princ.i.p.al 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 subst.i.tutes 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, G.o.d of His spiritual goodness a.s.sisteth 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 pet.i.tion 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 G.o.d, 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 pet.i.tion.
"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 G.o.d) been vexed, inquieted, or troubled in Christ"s church. Thereupon evil men fall in danger by their own subtlety; we protest afore G.o.d 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 G.o.d 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 subst.i.tutes, 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 G.o.d 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 a.s.sent 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 princ.i.p.ally for the good love which I bear to the honour of your Grace and of your realm. And albeit there is, by the a.s.sent of the Lords Temporal and the Commons of your Parliament, an act pa.s.sed 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 s.p.a.ce 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 G.o.d"s law, be so duly paid (thanked be G.o.d), 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 G.o.d"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 G.o.d:
"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 t.i.tle 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.
"Item where they say that we give benefices to our nephews and kinsfolk, being in young age or infants, whereby the cure is not substantially looked into, nor the parishioners taught as they should be; we reply to this that the thing which is not lawful in others is in spiritual men more detestable. Benefices should be disposed of not _secundum carnem et sanguinem, sed secundum merita_. And when there is a default it is not authorised by the clergy as good, but reproved; whereupon in this the clergy is not to be blamed, but the default as it may appear must be laid to particular men.
"And where they say that we take the profit of such benefices for the time of the minority of our said kinsfolk, if it be done to our own use and profit it is not well; _if it be bestowed to the bringing up and use of the same parties_, or applied to the maintenance of the church and G.o.d"s service, or distributed among the poor, we do not see but that it may be allowed.