IV homage and allegiance, their estates, and their gen- CHAP eral submission to laws enacted for the punishment of crime. What Tunstal required, and what was A.D. 1531 wished for by the Southern Convocation at large was, that the clause itself might be so worded as clearly to express the principles which are thus enunciated by the King. That it did not do so is sufficiently evident from the contemporary and subsequent misinterpretations given to the title "Head of the Church." 8 King's When these Acts of Convocation had been passed, and the money thus voted to the King as "Head of the Church and Clergy, so far as the law of Christ will allow," the King's pardon was embodied in two Acts of Parliament," a third being passed for the pardon of the laity, and thus the whole nation was happily delivered (at the cost of a Cost of the million and a half of money to the clergy) from "tender their danger, through the "tender eye, mercy, and eye, mercy compassion," the "tender pity, love, and sion," the "benignity, special grace, pity, and liberality," which the documents declared to be so characteristic of his Highness. These pardons have been well called "prodigies of legislation," the writer who so calls them adding not unjustly that "they disclose, through the veil of mercy, Henry's injustice, rapacity, violence, and deceit." and com compas- passion This incidental recognition of the royal supremacy thus made in 1531, was followed in 1532 by a more 7 22 Hen. VIII. cap. 15; 23 Hen. VIII. cap. 19. 15. 8 22 Hen. VIII. сар. 9 Amos' Statutes of Hen. VIII. p. 57. The revival of the monstrous penalty of the Præmunire was characteristically threatened in 1848 by Lord Russell when " IV The "sub mission of CHAP definite acknowledgment of it, which is generally called the "Submission of the Clergy," and which A.D. 1532 was afterwards embodied in an Act of Parliament. As soon as Wolsey had left London after his fall, the clergy" an agitation against the clergy was commenced in the House of Commons. It was led on by Audley, who succeeded Sir Thomas More as speaker, and by Cromwell, both of whom profited enormously by every step that was taken in depressing the Church, and both of whom were among the most servile instruments of the King in a House of Commons which was always extremely ready to act under his orders. This agitation was brought to a focus in an address presented to the King by the House of Commons on March 18, 1532.1 The acts of the Lower House were at this time so much the acts of the King, that we are not likely to be far from the truth in considering it as founded upon his instructions, conveyed through Cromwell or Audley, or both. The address is a long and wordy document, but it is worth printing at length, as it probably shows, and that in extreme language, the worst that the opponents of the bishops could venture officially to say against them in respect to their relations with the laity :3 Address of the House of Com mons .3 "In most humble wise show unto your Highness and your most prudent wisdom your faithful, loving, and most obedient against the Ordinaries servants the Commons in this your present parliament assembled; that of late, as well through new fantastical and 1 Herbert's Henry VIII., p. 357. See Amos' Statutes of Hen. 3 It has been printed in Froude's History of England, i. 189, but with the date Nov. 5, 1529, two and a half years too early. IV erroneous opinions grown by occasion of frantic seditious CHAP books compiled, imprinted, published, and made in the English tongue, contrary and against the very true Catholic and A.D. 1532 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. out assent "I. First the prelates and spiritual ordinaries of this your Canons most excellent Realm of England, and the clergy of the same, made withhave in their convocations heretofore made or caused to be of Crown made, and also daily do make many and divers fashions of and laity 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 CHAP royal, but also to the great prejudice, inquietation, and damage of your said subjects. IV A. D. 1532 "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, ished num- which be sworn to preserve and promote the only jurisdiction Dimin ber of proctors 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 expence. 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 Too strict subjects, and specially those that be of the poorest sort, withexercise of in this your Realm, be daily convented and called before the discipline said spiritual ordinaries, their commissaries and substitutes, Church 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 IV times be suspended and excommunicate for small and light CHAP causes upon the only certificate of the proctors of the adversaries, made under a feigned seal which every proctor hath in A.D. 1532 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 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. fees of "IV. Also your said most humble and obedient servants Excessive find themselves grieved with the great and excessive fees taken ecclesiasin the said spiritual courts, and especially in the said Courts of tical courts 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 per- Fees remit and suffer the parsons, vicars, curates, parish priests, and quired by clergy for other spiritual persons having cure of souls within this your "occasion. al duty" 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 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 godly wise freely ministered unto them at all times requisite, without denial, or exaction of any manner of sums of money to be demanded or asked for the same. |