Chapter XI: 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 yo_ur_ excellent highnes and most prudent wisedom your faithfull louyng and most humble and obedient Subiect_es_ The Co_m_mons in this your p_re_sente parliament assembled That where of late aswell thorough new fantasticall and erronyous opynyons growen by occasion of Frantike sedycious and ou_er_thwartly 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 Co_m_myssaryes 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 vniu_er_sall sorte of your saide Subiect_es_ aswell sp_iri_tuall as temporall either ayenst other in most vncharitable man_er_ to the grete inquietacion vexacion and breche of your peax w_i_t_h_in this your most catholik realme. The speciall perticuler greues whereof which most principally concerne your saide Co_m_mons and lay Subiect_es_ 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 taking_es_ either parte and sorte of your saide Subiect_es_ spirituall and temporall ayenst thother hereafter Folowinglye Do ensue.

Furst where the prelat_es_ and sp_iri_tuall Ordynaries of this your most excellent Realme of Englonde and the clergie of the same haue in their conuocac_i_ons heretofore made and caused to be made and also daylie do make dyuers and manye _Facyons of_ lawes constytuc_i_ons and orden_au_unc_es_ w_i_t_h_out your knowlege or most royall assente and w_i_t_h_out the assent and consent of any your lay Subiect_es_ vnto the whiche lawes your saide lay Subiect_es_ 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 expens_es_ ayenst all equytee right and good conscience. And yet your saide humble subiect_es_ ne their predecessours coulde eu_er_ 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 yo_ur_ saide most humble and obedyent subiect_es_ 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 Subiect_es_ And also where now of late there hathe ben deuysed by the most Reuerende father in god Wyllyam Archebusshop of Caunterburie that in the Court_es_ whiche he callith his Courtes of the Arches and Audience shalbe but onelie Ten proctours at his deputacion which be sworn to p_re_ferre and promote the onelie iurisdiction {and preferrement} of the saide Court_es_. By reason whereof if any of your lay Subiect_es_ shoulde haue any lawfull cause ayenst the Judge of the saide Court_es_ or ayenst any docto_ur_ or proctour of the same or any of their Frend_es_ or adherent_es_ they can ne may in any wise haue indifferent counsaill. And also all the causes depending in any of the saide court_es_ may by the confederacie of the saide Few proctours be in suche wise tracted and delayed as your Subiect_es_ suing in the same shalbe put to importable charges costes and expenc_es_. And in case that any matiers there being p_re_ferred shoulde touche Your Crowne Regallie Jurisdiction and p_re_rogatif royall yet the same shall not be disclosed by any of the saide procto_ur_s for fere of losse of their offices. Wherefore your saide most obedient Subiect_es_ vnder the protexion of yo_ur_ maiestee Suppose that your highnes should haue the nomynacion of som conuenyent nombre of proctours to be alwayes attendaunt in the saide court_es_ of tharches and audience there to be sworne aswell to the preferrement of your iurisdiction and prerogatif royall as to thexpedyc_i_on 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 subiect_es_ and specyallie those that be of the pourest sorte w_i_t_h_in this your Realme ben daylie conuented and called before the saide sp_iri_tuall Ordynaries their Co_m_missaries and Substytut_es_ ex officio somtyme at the pleasures of the saide Ordynaries and Substytut_es_ for malice w_i_t_h_out any cause and sumtyme at the onelie p_ro_mocyon and accusement of their {false} Somoners and apparitours being veray light and vndiscrete persons w_i_t_h_out any lawfull cause of accusacion or credible fame proued ayenst them and w_i_t_h_out any presentement in the vysitacion ben inquieted disto_ur_bed vexed troubeled and put to excessiue and importable charges for them to bere and many tymes be suspended and exco_m_munycate for small and light causes vppon thonelie certificat of the proctours of the adu_er_saries made vnder a fayned Seale which eu_er_y procto_ur_ hathe in his keping where as the partie suspended and exco_m_munycate many tymes neu_er_ had any warning and yet when he shalbe absolued if it be out of the courte he shalbe compelled to pay to his owne procto_ur_ xxd and to the procto_ur_ which is ayenst him other xxd and xxd to the Scribe besid_es_ a pryuey rewarde that the Judge shall haue to the grete impouerysshing of your saide poure Lay Subiect_es_.

Also Your saide most humble and obedient subiect_es_ Fynde them greued w_i_t_h_ the grete and excessyue Fees taken in the said sp_iri_tuall court_es_ and in especiall in the saide Court_es_ of tharches and audience where they take for euery Cytacyon ii^s vi^d for eu_er_y Inhibycyon vj^s viij^{d}, for euerie proxie xvj^d for eu_er_y certificat xvj^{d}, for eu_er_y Libell iij^{s}. iiij^{d}., for eu_er_y answer to any Lybell iij^s iiij^{d}, for eu_er_y acte if it be but two woord_es_ to the Register iiij^_d_, for eu_er_y personall Cytacion or decree iij^s iiij^{d}. for euery sentence or iudgement to the Judge xxvi^{s}. viij^{d}, for eu_er_y testi_m_onyall vppon any suche sentence or iudgement xxvj^{s}. viii^d for eu_er_y significauit xij^_s_. for eu_er_y co_m_myssion to examyn wytnes xij^s Which is thought to be importable to be borne by your saide Subiect_es_ and veray necessarie to be refo_ur_med.

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 Co_m_myssaryes & Substytuttes_ sumtyme _for thayr own pleasures Su_m_tyme_ by the Synister procurement of other sp_iri_tuall p_er_sons vse to make out proces ayenst dyu_er_s of your saide Subiect_es_ and thereby compell them to appere before themselff_es_ to answer at a certen day and place to suche articles as by them shalbe of office afore themselff_es_ then purposed _and that Secretlye and not in oppen places_ and fourthw_i_t_h_ vppon their apparaunce w_i_t_h_out cause or any declaracion then made or shewed co_m_mytt and sende them to warde Where they remayne w_i_t_h_out 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 cost_es_ charges and expenc_es_ 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 w_i_t_h_out any recompence or amend_es_ in that behalf to be toward_es_ them adiudged.

And also if percase vppon the saide proces and apparaunce any p_ar_tie be vppon the saide matier cause or examynacion brought Fourth and named either as p_ar_tie or wytnes and then vppon the proffe and tryall thereof not able to prove and verefie his saide accusacion or testymonye ayenst the p_ar_tie so accused to be trew then the person so causeles accused is {clerely} _for the more parte_ w_i_t_h_out any remedie for his charges and wrongful vexacyon to be {in that parte} toward_es_ him adiuged and recouered.

Also vppon thexamynacion of the saide accusacion if heresie be ordynarylie layed vnto the charge of the p_ar_tie 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 w_i_t_h_out lerning and bryng them by suche sinyster introduction sone to his owne confusion And Fourthw_i_t_h_ if there chaunce any heresie to be by suche subtill polycie by him confessed in wo_ur_d_es_ and yet neu_er_ co_m_mytted nor thought in dede, then put they _with_out ferther fauour the saide person either to make his purgacion and so thereby to lose his honestie and credence for eu_er_ orell_es_ 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 adu_er_saries or enemies to the p_ar_tie yet they shalbe allowed and enabeled _onlye by Discrecyon of the sayd ordenaryes ther Co_m_myssaryes & Substytuttes_ and therevppon sufficient cause to procede to iudgement to delyu_er_ the p_ar_tie so accused either to the seculer hand_es_ {and so to be burned} after abiuracion w_i_t_h_out 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 p_ar_te and moche defaulte and lacke of pacyent sufferaunce charitee and good will on thother p_ar_te, A meruelous Disorder of the godlie quyet peax and tranquillyte that this your realme heretofore eu_er_ hitherto hathe ben in thorough your poletique wisedom in most hono_ur_able fame and catholik feith invyolablye p_re_serued. 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 p_ar_ties, the saide articles if they shalbe by your most clere and p_er_fite iudgement thought any instrument_es_ or causes of the saide variaunce and disorder or those and all other occasions whatsoeu_er_ accompted by your highnes to make toward_es_ the saide factions depelie and weightylie after your accustomed weyes and man_er_ 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 Subiect_es_ sp_iri_tuall and temporall. And for thestablisshing thereof to make and ordeyn on both sid_es_ 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 Sou_er_eigne lorde protectour and Defendour of bothe the saide p_ar_ties 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 yo_ur_ highnes shall thereby ‹gain› and engendre in their hart_es_ toward_es_ Your grace Ye shall do the most pryncelie Feate and shew the most honourable and charitable president and Mirrour that eu_er_ did Souereigne lorde vppon his subiect_es_ and therew_i_t_h_all 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 ou_er_ all your saide most humble and most obedyent Subiect_es_.

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And Where _also_ the said prelatis and ordinaries daily do p_er_mytte and suffer the parsons vicars Curates p_ar_ishe prest_es_ and other sp_iri_tuall parsons hauing Cure of soule w_i_t_h_in this your Realme Ministring {vnto yo_ur_ said loving subgiett_es_} _to exact and take of yo_ur _humble & obedyent Subiect_es _dyuers Su_m_mys of money for_ the Sacrament_es_ & sacramentall_es_ of holy churche {as the holy sacrament of the Aulter Baptyme, Matrimonye Confession, buriall weddyng churching_es_ and suche other} _Sumtyme denying the same w_i_t_h_out they Fyrst be payd the sayd Su_m_mys of money_ {& _to take_ for the ministracion of the same of yo_ur_ said Subiect_es_ diuers and certen so_m_mes of money allegging the same to be their dueties.} Whiche sacrament_es_ and sacramentall_es_ yo_ur_ saide most humble & obedient subiectes vnder the protection of yo_ur_ highnes doo suppose & think ought to be in most Reuerent charitable & goodlie wise freely mynystred vnto them at all tymes requisite w_i_t_h_oute denyall or {any maner so_m_me or} _exaccyon of any man_er so_m_mes 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 sp_iri_tuall court_es_ of the said Prelatis & ordinaries ben lymyted and appoynted for many Judges Scribes Apparito_ur_s Som_on_ers praysours and other ministres for the approbacion of testament_es_ Whiche coveting somoche theire owne priuate Lucres and satisfaccion of the appetit_es_ of the said prelat_es_ and Ordinaries that when any of your said loving subiect_es_ 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 Reward_es_ 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 sp_iri_tuall Ordinaries in their said Court_es_ to here and determyne causes there, do in likewise daily take many grete and excessive fees and rewardes of your said pore subiect_es_ having any cause or matier depending before theym as is aforsaid And ou_er_ that when any Judgement or sentence by the said Judge shalbe yeven before them wille also have grete so_m_mes of money for the same. So that no thing is or can be obteyned in any of the said Court_es_ w_i_t_h_oute money.}

_Wherfor_ Your said most humble and obedient subiect_es_ do therfore vnder yo_ur_ 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 p_er_sons having sufficient Lernyng witte discrecion & vnderstonding and also being indewed w_i_t_h_ such sp_iri_tuall promocions stipend and salarye as they being Judges in their said Court_es_ myght and may mynystre to eu_er_y parson repairing to the same Justice w_i_t_h_oute taking any man_er_ fee or Rewarde for any maner sentence or Judgement to be yoven before theym. And also where as diu_er_se sp_iri_tuall p_er_sons being p_re_sented aswell by yo_ur_ highnes and by other patrons w_i_t_h_in this yo_ur_ Realme to {any} _dyuers_ benefices or other sp_iri_tuall promocion. The said ordinaries and there mynystres do not onely take of theym for theyr L_ette_res of Institucion and Induction many grete and {excessive} _large_ so_m_mes of money & Reward_es_ But also do pact and couen_au_nte w_i_t_h_ the same, taking sure bond_e_s for their indempnite to aunswer to the said ordinaries the first frutes of the said benefices after their Institucion so as they being ones p_re_sented or promoted as is aforesaid ben by the said ordinaries veray {extremely} _vncharytablye_ handled to their no litle hynderaunce & impou_er_isshement whiche yo_ur_ said subgiett_es_ 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 sp_iri_tuall Ordinaries do daily conferre and geve sundry benefices vnto certen yong folkes calling them their Nephews _or Kynsfolkes_ being in their mynorite and w_i_t_h_in age not apt ne able to S_er_ue the Cure of any suche benefice Wherby the said ordinaries do kepe and deteyn the frutes & p_ro_fittes of the same benefices in their owne handes and therby accumulate to themselff_es_ right grete and large so_m_mes of money & yerely p_ro_fittes to the most p_er_nicious exsample of all yo_ur_ said lay subiect_es_ and so the Cures & other promocions youen vnto suche Infant_es_ ben onely {youen but} _Imployed_ to {enriche} _thenryching of_ the said ordinaries & the pore sely soules of yo_ur_ people and subiect_es_ whiche shulde be taught in the paroches yoven as aforsaid for lak of good curates do perisshe w_i_t_h_oute doctrine or any good teaching.

And also where a grete nombre of holy daies whiche nowe at this p_re_sent tyme w_i_t_h_ veray smalle Devocion be solempnised and kept thorough oute this yo_ur_ Realme vppon the whiche many grete abhomynable and execrable vices idle and wanton sportes ben vsed and ex_er_cised whiche holy daies if it may stond w_i_t_h_ yo_ur_ gracious pleasure _and specyall suche as Fall in the heruest_ myght by yo_ur_ maiestie by thadvice of yo_ur_ 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 & reu_er_ently obs_er_ued to the Laude of almyghty god and to thencrease of your high hono_ur_ & fame.’

_Endd._ ‘A boke ayenst the clergy for takyng excessyve Fees’