A.D. 1529. CH. 3. 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. Nov. 3. The irre gular legis Houses of tion. I. First the prelates and spiritual ordilation of the naries of this your most excellent Realm of EngConvoca- land, 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 To which charges and expenses, against all equity, right, are compel- and good conscience. the laity mit. And yet your And yet your said humble led to sub- 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. may A.D. 1529. The ap and con officials of the church II. Also now of late there hath been de- CH. 3. vised by the Most Reverend Father in God, William, Archbishop of Canterbury, that in the Nov. courts which he calleth his Courts of the Arches pointment and Audience, shall only be ten proctors at his de- duct of the putation, which be sworn to preserve and promote the only jurisdiction of his said courts; by reason courts. 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 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 humble and obedient subjects, and specially A.D. 1529. CH. 3. that be of the poorest sort, within this your Realm, be daily convented and called before the said spiritual ordinaries, their commissaries and subof power by stitutes, ex officio; sometimes, at the pleasure of the bishops. the said ordinaries, for malice without any cause; the abuse Exorbitant fees taken in the courts. 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 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. IV. Also your said most humble and obedient servants find themselves grieved with the great and excessive fees taken in the said spiritual courts, and especially in the said Courts of the *The penny, as I have shown, equalled, in terms of a poor man's necessities, a shilling. See chap. i. Arches and Audience; where they take for every CH. 3. 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. A.D. 1529. refusal of ments. V. And also the said prelates and ordi- Simony in naries daily do permit and suffer the parsons, the sacra vicars, curates, parish priests, and other spiritual persons having cure of souls within this your 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 See instances in HALE: p. labore: p. 64, St. Mary Mag62, Omnium Sanctorum in dalen.-Curatus notatur officio muro.-M. Gulielmus Edward propter quod recusavit solemnicuratus notatur officio quod re- zare matrimonium quousque hacusat ministrare sacramenta ec- bet pro hujusmodi solemnizatione, clesiastica ægrotantibus nisi 38. 8d.; and see pp. 52, 75. prius habitis pecuniis pro suo A.D. 1529. СH. 3. 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 sums of money to be demanded or asked for the same. Extravagant pro VI. And also in the spiritual courts of the bate duties. said prelates and ordinaries there be limited and appointed so many judges, scribes, apparitors, summoners, appraysers, and other ministers for the approbation of Testaments, which covet so much their own private lucres, and the satisfaction and appetites of the said prelates and ordinaries, that when any of your said loving subjects do repair to any of the said courts for the probate of any Testaments, they do in such wise make so long delays, or excessively do take of them so large fees and rewards for the same as is importable for them to bear, directly against all justice, law, equity, and good conscience. Therefore your most humble and obedient subjects do, under your gracious correction and supportation, suppose it were very necessary that the said ordinaries in their deputation of judges should be bound to appoint and assign such discreet, gracious, and honest persons, having sufficient learning, wit, discretion, and understanding; and also being endowed with such spiritual promotion, stipend, and salary; as they being judges in their said courts might and may minister to every person repairing to the same, justice-without taking any manner of fee or The Com mons re quire paid judges. |