APPENDIX TO CHAPTER VI
THE SUPPLICATION OF THE COMMONS AGAINST THE ORDINARIES.
Four drafts of this petition exist to-day in the Public Record Office. One of them is written in a hand which may be recognized in the greater part of Cromwell’s correspondence of the time, and which is probably that of his chief clerk; it is corrected and revised by Cromwell himself. Of the other three, one, which is uncorrected and probably a final draft, is also written by the clerk—and the other two, chiefly in a strange handwriting, are filled with interlineations by Cromwell. The following copy was made from the first of these drafts (Cal. v, 1016 (4)). The words in brackets are crossed out in the original manuscript: the words in italics are inserted between the lines. All the corrections are in Cromwell’s hand.
‘To the King our Sovereigne Lorde
In most humble Wise Shewen vnto your excellent highnes and most prudent wisedom your faithfull louyng and most humble and obedient Subiectes The Commons in this your presente parliament assembled That where of late aswell thorough new fantasticall and erronyous opynyons growen by occasion of Frantike sedycious and ouerthwartly Framed bokes compiled imprynted publisshed and made in the englishe tong contrarie and ayenst the veray trew catholique and Cristen Faith as also by the {vnreasonable and} extreme {rygour vndiscrete} and vncharytable behaueour and dealing of dyuers ordynaries Ther Commyssaryes and Substytuttes which haue heretofore had and yet have thexamynacion in and vppon the saide errours and hereticall opynyons moche discorde varyaunce and debate hathe rysen and more and more daylie is like to encrease and insue emonges the vniuersall sorte of your saide Subiectes aswell spirituall as temporall either ayenst other in most vncharitable maner to the grete inquietacion vexacion and breche of your peax within this your most catholik realme. The speciall perticuler greues whereof which most principally concerne your saide Commons and lay Subiectes and whiche ar (as they vndoubtedlie suppose) the veray chief Founteyns occasions and causes that daylie bredeth Fostereth Norissheth and maynteneth the saide sedycions factyons dedelie hatered and most vncharitable parte takinges either parte and sorte of your saide Subiectes spirituall and temporall ayenst thother hereafter Folowinglye Do ensue.
Furst where the prelates and spirituall Ordynaries of this your most excellent Realme of Englonde and the clergie of the same haue in their conuocacions heretofore made and caused to be made and also daylie do make dyuers and manye Facyons of lawes constytucions and ordenauunces without your knowlege or most royall assente and without the assent and consent of any your lay Subiectes vnto the whiche lawes your saide lay Subiectes haue not onelie heretofore and daylie be {boundene} constraynyd to obbeye aswell in their bodies goodes and possessions But also ben compelled daylie to incurre into the censures of the same and ben contynuallie put to importable charges and expenses ayenst all equytee right and good conscience. And yet your saide humble subiectes ne their predecessours coulde euer be pryuey to the saide lawes Ne any of the saide lawes haue ben declared vnto them in thinglisshe tong or otherwise publysshed By knowlege whereof they might haue extued the daungiers censures and penaltees of the same Which lawes so made your saide most humble and obedyent subiectes vnder the supportacion of your Maiestee Suppose to be not onelie to the dymynucyon and derogacion of your imperyall iurisdiction and prerogatif royall But also to the grete preiudice inquietacion and damage of all your saide Subiectes And also where now of late there hathe ben deuysed by the most Reuerende father in god Wyllyam Archebusshop of Caunterburie that in the Courtes whiche he callith his Courtes of the Arches and Audience shalbe but onelie Ten proctours at his deputacion which be sworn to preferre and promote the onelie iurisdiction {and preferrement} of the saide Courtes. By reason whereof if any of your lay Subiectes shoulde haue any lawfull cause ayenst the Judge of the saide Courtes or ayenst any doctour or proctour of the same or any of their Frendes or adherentes they can ne may in any wise haue indifferent counsaill. And also all the causes depending in any of the saide courtes may by the confederacie of the saide Few proctours be in suche wise tracted and delayed as your Subiectes suing in the same shalbe put to importable charges costes and expences. And in case that any matiers there being preferred shoulde touche Your Crowne Regallie Jurisdiction and prerogatif royall yet the same shall not be disclosed by any of the saide proctours for fere of losse of their offices. Wherefore your saide most obedient Subiectes vnder the protexion of your maiestee Suppose that your highnes should haue the nomynacion of som conuenyent nombre of proctours to be alwayes attendaunt in the saide courtes of tharches and audience there to be sworne aswell to the preferrement of your iurisdiction and prerogatif royall as to thexpedycion of all the causes of your Lay Subiectes repayring and suing to the same.
And Where also many of your saide most humble and obedient subiectes and specyallie those that be of the pourest sorte within this your Realme ben daylie conuented and called before the saide spirituall Ordynaries their Commissaries and Substytutes ex officio somtyme at the pleasures of the saide Ordynaries and Substytutes for malice without any cause and sumtyme at the onelie promocyon and accusement of their {false} Somoners and apparitours being veray light and vndiscrete persons without any lawfull cause of accusacion or credible fame proued ayenst them and without any presentement in the vysitacion ben inquieted distourbed vexed troubeled and put to excessiue and importable charges for them to bere and many tymes be suspended and excommunycate for small and light causes vppon thonelie certificat of the proctours of the aduersaries made vnder a fayned Seale which euery proctour hathe in his keping where as the partie suspended and excommunycate many tymes neuer had any warning and yet when he shalbe absolued if it be out of the courte he shalbe compelled to pay to his owne proctour xxd and to the proctour which is ayenst him other xxd and xxd to the Scribe besides a pryuey rewarde that the Judge shall haue to the grete impouerysshing of your saide poure Lay Subiectes.
Also Your saide most humble and obedient subiectes Fynde them greued with the grete and excessyue Fees taken in the said spirituall courtes and in especiall in the saide Courtes of tharches and audience where they take for euery Cytacyon iis vid for euery Inhibycyon vjs viijd, for euerie proxie xvjd for euery certificat xvjd, for euery Libell iijs. iiijd., for euery answer to any Lybell iijs iiijd, for euery acte if it be but two woordes to the Register iiijd, for euery personall Cytacion or decree iijs iiijd. for euery sentence or iudgement to the Judge xxvis. viijd, for euery testimonyall vppon any suche sentence or iudgement xxvjs. viiid for euery significauit xijs. for euery commyssion to examyn wytnes xijs Which is thought to be importable to be borne by your saide Subiectes and veray necessarie to be refourmed.
And Furthermore Where the saide spyrytuall Ordynaries {many tymes purposedlie to revenge their inwarde greves and displeasures and to put their saide lawes in execucion} theyr Commyssaryes & Substytuttes sumtyme for thayr own pleasures Sumtyme by the Synister procurement of other spirituall persons vse to make out proces ayenst dyuers of your saide Subiectes and thereby compell them to appere before themselffes to answer at a certen day and place to suche articles as by them shalbe of office afore themselffes then purposed and that Secretlye and not in oppen places and fourthwith vppon their apparaunce without cause or any declaracion then made or shewed commytt and sende them to warde Where they remayne without bayle or mayneprise sumtyme half a yere and somtyme a hole yere and more or they may in any wise knowe either the cause of their imprysonement or any name of their accuser and fynallie their grete costes charges and expences therin when all is examyned and nothing can be proued ayenst them but they clerelie Innocente for any Faute or cryme that can be layed vnto them in that parte ben set ayen at large without any recompence or amendes in that behalf to be towardes them adiudged.
And also if percase vppon the saide proces and apparaunce any partie be vppon the saide matier cause or examynacion brought Fourth and named either as partie or wytnes and then vppon the proffe and tryall thereof not able to prove and verefie his saide accusacion or testymonye ayenst the partie so accused to be trew then the person so causeles accused is {clerely} for the more parte without any remedie for his charges and wrongful vexacyon to be {in that parte} towardes him adiuged and recouered.
Also vppon thexamynacion of the saide accusacion if heresie be ordynarylie layed vnto the charge of the partie so accused then the saide ordynaries or their ministres vse to put to them suche subtile interrogatories concerning the high misteries of our feith as ar able quyckelye to trappe a simple vnlerned or yet a well wytted lay man without lerning and bryng them by suche sinyster introduction sone to his owne confusion And Fourthwith if there chaunce any heresie to be by suche subtill polycie by him confessed in wourdes and yet neuer commytted nor thought in dede, then put they without ferther fauour the saide person either to make his purgacion and so thereby to lose his honestie and credence for euer orelles as som simple sely Sowle precyselie stonding to the clere testymonye of his owne well knowen conscience rather then to confesse his innocent trouth to abyde {thextreme examynacion of deth by the Fyer} thextremyte in that behalf and so is vtterly distroyed.
And if it fortune the saide partie so accused to denye the saide accusacion and so put his aduersarie to proue the {false} same vntrewlie forged and ymagened ayenst him then for the more parte suche wytnesses as ben brought fourth for the same be they but ij in nombre neuer so sore diffamed of litle trouth or credence aduersaries or enemies to the partie yet they shalbe allowed and enabeled onlye by Discrecyon of the sayd ordenaryes ther Commyssaryes & Substytuttes and therevppon sufficient cause to procede to iudgement to delyuer the partie so accused either to the seculer handes {and so to be burned} after abiuracion without remedie and afore if he Submytte himself to compell him when best happeneth to make his purgacion and bere a Fagotte to his extreme shame and vtter vndoing.
In Consideracyon whereof most gracious Souereigne Lorde And Forasmoche as there is at this present tyme and by a Few yeres past hathe ben outrageous vyolens on thone parte and moche defaulte and lacke of pacyent sufferaunce charitee and good will on thother parte, A meruelous Disorder of the godlie quyet peax and tranquillyte that this your realme heretofore euer hitherto hathe ben in thorough your poletique wisedom in most honourable fame and catholik feith invyolablye preserued. It may therefore most benigne Souereigne lorde lyke your excellent goodnes for the tender and vnyuersallye indyfferent zele benigne loue and fauour that your highnes berith towarde both the saide parties, the saide articles if they shalbe by your most clere and perfite iudgement thought any instrumentes or causes of the saide variaunce and disorder or those and all other occasions whatsoeuer accompted by your highnes to make towardes the saide factions depelie and weightylie after your accustomed weyes and maner serched weyed and considered graciouslie to prouyde all vyolence on both sides vtterlye and clerelie set a parte some suche necessarie and behofull remedies as may effectuallie reconsile and bryng in perpetuall vnytee your saide Subiectes spirituall and temporall. And for thestablisshing thereof to make and ordeyn on both sides suche straite lawes ayenst the brekers transgressours and offendours as shalbe to hevye daungerous and weightie for them or any of them to bere suffer and susteyne. Whereunto Your saide Comons most humblie hertelie and entierlie beseche your grace as the onely hed Souereigne lorde protectour and Defendour of bothe the saide parties in whom and by whom the onelie and sole redresse reformacion and remedie herein absolutely restith and remayneth. By occasion whereof all your saide Comons in their conscience surelye accompt that beside the meruelous Feruent loue that your highnes shall thereby ‹gain› and engendre in their hartes towardes Your grace Ye shall do the most pryncelie Feate and shew the most honourable and charitable president and Mirrour that euer did Souereigne lorde vppon his subiectes and therewithall merite and deserue of our mercyfull lorde eternall blisse Whose goodnes graunt your grace in most godlie pryncelie and honourable astate long to reigne prosper and contynew as the Souereigne lorde ouer all your saide most humble and most obedyent Subiectes.
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And Where also the said prelatis and ordinaries daily do permytte and suffer the parsons vicars Curates parishe prestes and other spirituall parsons hauing Cure of soule within this your Realme Ministring {vnto your said loving subgiettes} to exact and take of your humble & obedyent Subiectes dyuers Summys of money for the Sacramentes & sacramentalles of holy churche {as the holy sacrament of the Aulter Baptyme, Matrimonye Confession, buriall weddyng churchinges and suche other} Sumtyme denying the same without they Fyrst be payd the sayd Summys of money {& to take for the ministracion of the same of your said Subiectes diuers and certen sommes of money allegging the same to be their dueties.} Whiche sacramentes and sacramentalles your saide most humble & obedient subiectes vnder the protection of your highnes doo suppose & think ought to be in most Reuerent charitable & goodlie wise freely mynystred vnto them at all tymes requisite withoute denyall or {any maner somme or} exaccyon of any maner sommes of money {or other duetie or contribucion to be asked demaunded or required for the same} to be demaundyd or askyd for the same And also where in the spirituall courtes of the said Prelatis & ordinaries ben lymyted and appoynted for many Judges Scribes Apparitours Somoners praysours and other ministres for the approbacion of testamentes Whiche coveting somoche theire owne priuate Lucres and satisfaccion of the appetites of the said prelates and Ordinaries that when any of your said loving subiectes do Repaire to any of the said Courtis for the probate of any testamentes they do in suche wise {extorte and} make long delays or excessively take of theym so large fees and Rewardes for the same as is Importible for theym to beare directly against all Justice lawe equite and goode conscience
{And also where most gracious soueraigne the Judges Constituted and appoynted by the said spirituall Ordinaries in their said Courtes to here and determyne causes there, do in likewise daily take many grete and excessive fees and rewardes of your said pore subiectes having any cause or matier depending before theym as is aforsaid And ouer that when any Judgement or sentence by the said Judge shalbe yeven before them wille also have grete sommes of money for the same. So that no thing is or can be obteyned in any of the said Courtes withoute money.}
Wherfor Your said most humble and obedient subiectes do therfore vnder your gracious correction and supportacion suppose it were veray necessary that the said ordinaries in the deputacion of suche Judges shulde be bounde to appoynte and assigne suche discrete gravous and honest persons having sufficient Lernyng witte discrecion & vnderstonding and also being indewed with such spirituall promocions stipend and salarye as they being Judges in their said Courtes myght and may mynystre to euery parson repairing to the same Justice withoute taking any maner fee or Rewarde for any maner sentence or Judgement to be yoven before theym. And also where as diuerse spirituall persons being presented aswell by your highnes and by other patrons within this your Realme to {any} dyuers benefices or other spirituall promocion. The said ordinaries and there mynystres do not onely take of theym for theyr Letteres of Institucion and Induction many grete and {excessive} large sommes of money & Rewardes But also do pact and couenaunte with the same, taking sure bondes for their indempnite to aunswer to the said ordinaries the first frutes of the said benefices after their Institucion so as they being ones presented or promoted as is aforesaid ben by the said ordinaries veray {extremely} vncharytablye handled to their no litle hynderaunce & impouerisshement whiche your said subgiettes suppose not onely to be against all lawes right & good consciens but also to be Symony and contrary to the Lawes of god.
And also where as the said spirituall Ordinaries do daily conferre and geve sundry benefices vnto certen yong folkes calling them their Nephews or Kynsfolkes being in their mynorite and within age not apt ne able to Serue the Cure of any suche benefice Wherby the said ordinaries do kepe and deteyn the frutes & profittes of the same benefices in their owne handes and therby accumulate to themselffes right grete and large sommes of money & yerely profittes to the most pernicious exsample of all your said lay subiectes and so the Cures & other promocions youen vnto suche Infantes ben onely {youen but} Imployed to {enriche} thenryching of the said ordinaries & the pore sely soules of your people and subiectes whiche shulde be taught in the paroches yoven as aforsaid for lak of good curates do perisshe withoute doctrine or any good teaching.
And also where a grete nombre of holy daies whiche nowe at this present tyme with veray smalle Devocion be solempnised and kept thorough oute this your Realme vppon the whiche many grete abhomynable and execrable vices idle and wanton sportes ben vsed and exercised whiche holy daies if it may stond with your gracious pleasure and specyall suche as Fall in the heruest myght by your maiestie by thadvice of your most honourable counseill prelates and ordinaries be made fewer in nombre and those that shall herafter be ordeyned to stond & contynue myght and may be the more Devoutely religiously & reuerently obserued to the Laude of almyghty god and to thencrease of your high honour & fame.’
Endd. ‘A boke ayenst the clergy for takyng excessyve Fees’