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