"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: