Search York

brought into this realm, and so afterward make his abode

here continually.
Notwithstanding, forasmoche as there were many other

pacts, conditions, and assurances, to bee treated, concluded,

and agreed vpon, between the Kings their masters ; without

the which the said marriage cowld, ne might honorablie,

RECORDS AND ORIGINALS. 271

and to botli their satisfactions, bee accomplished : and for

as moche also as the said Ambassadors had no power or

commission from their master to treat or conclude vpon the

said other articles : the said Counsaylors answered, that be-

ing once the said other articles concluded and agreed upon,

and such assurances made on either part as shal bee requi-

site, the Kings Highnes their master, bein never minded to

detein him, the said Duke, here as a captive in thraldome

or bondage, but to use him as his own son in honour and 183

fehcite ; and finally, to advance him unto the crown impe-

rial of this his realm, in such case as is before specified ;

wold not shew himself very difficile, requiring to have the

said Duke to abide here continually, but woU hereafter con-

descend to bee contented upon soche reasonable time for his

demore here, as shalbee thought necessary and requisite

for the attaining of the favour and benevolence of the peo-

ple, of the language and lawes of the country, &c.
Number LXXVII.

Roland, Bishop of Coventry and Litchjield, and Lord Presi-

dent of the Ma^-ches of Wales, to the Lord Crnmwel ;

upon his letter to the said Bishop, to tal-e care of the

Welsh men. With articles sent to him against the Bi-

shop of St.David^s, viz. Dr. Barlozc.

RIGHT Honorable, and my singular good Lord : After Cleopatra,

my hearty commendations, it shal be to give the same hke

thanks for yoiu- Lordships most loving letters to me di-

rected, and delivered lately by this bearer. And as for

these parties of Wales, my trust is, they be of as good to-

wardnes to do the Kings Grace service, with as good an in-

tent, as any of his svibjects living ; and, to my knowledg,

little among them conceived of the matters in England.

For so much their language doth not agree to the advance-

ment therof: I wrate to your Lordship long heretofore,

that at Ludlow was no maner of artilery, saving a little har-

ness I have gathered together from good Sir Richard Her-

272 APPENDIX OF

bert, who doth the Kings Gr. good service daily, and wil

do. And yet, my Lord, the Earl of Worcester, wrot to me

to redeliver the same. But I made him an answer therin.

I shal most heartily pray you to remember the commission

that this council hath so long sued for to your Lordship.

For I have begun to repair this castle, and wil further, if I

may have the commission ; without which this council can

do no good service here, as Mr. Englefeld did inform your

Lordship, who hath him heartily recommended to the same.

The proclamations as yet for the shire grounds be not

come: wherby justice cannot be ministred in Wales. And

what may ensue by the tract wherof, I doubt. For I am

daily called upon from every part at this time, being the

time of keeping of their courts.

And I heartily thank your Lordship for Germyn, desir-

ing the same to have him in remembrance : and yet once

again for my servant Lewis ferme to Whitney, if it may so

be. And also to be good Lord to my cosin Robinson at

this my desire.
Also I received these articles here enclosed, from S. Da-

vies. Wherin, and in other such like in that person, if

your Lordships plesure were the same to stay for the time,

184 the common people would the better be content. Here is

somewhat spoken towards him, that I am sory to hear. My

duty is to intimate the same to your Lordship, for that fur-

ther inconveniences do not ensue. There is also a Freer

Austin, Prior of Woodhouse in the Cleeland, which hath

not only dissipated the goods of his monastery, but also

without any authority changed his vesture, and in this ruff-

ling time Geo. Blount attached him at Baudeley, and so

keepeth him, til your Lordships plesure be known. For I

have none authority in these matters. If your Lordship

would cause a substantial man to be put into that place, it

would much edify to the good acceptation of that country :

who be as tall men and handsome, as any the Kings Gr.

hath, and of the honour of Wigmore. Other newes be

none, but al in quietnes and peace here, thanks be to Al-

RECORDS AND ORIGINALS. 273

mighty God : who send your good Lordship a merry new

year, to your hearts comfort. From Wigmor Castle, the

XV. day of January.
Wee have here, and in other places, a great number of

smal fellonies ; whom we cannot dispatch, until Ave know the

Kings Graces plesure for shere grounds.
Your Lordships most bounden,
Roland Co. and Litchf.
Articles against Barlow y Bhhoj) ofSt-DavuFs, and against

Tally, a Preacher.

Concio Meneven. facta, 12. Novcmhr. 1536.
Imprimis, He affirmed and said, That whensoever two

or three simple persons, as two coblers or weavers, were in

company, and elected, in the name of God, there was the

true Church of God.

Item, That it is not expedient to man to confess him-

self, but only to God. For He Avil at al times accept and

take any penitent man or woman to his mercy, if he cannot

expediently have a Priest.

Item, That there is nor was any purgatory, but only a

thing invented and imagined by the Bp. of Rome and our

Priests, to have trentals and other mundane lucre therby

only.
Item, If the Kings Gr. being supreme Head of the

Church of England, did chuse, denominate, and elect any

lay man, being learned, to be a Bishop, that he so chosen,

without mention made of any orders, should be as good a

Bp. as he is, or the best in England.

Concio Toilet habita Menevim coram Episcojjo ibid, ac aliis

jmlam, the xix. of the aforesaid month.

When and where he affirmed, that in time past there was

none that did preach or declare the word of God truly :

nor the truth was never known till now of late.
Item, That there ought no maner of reverence to be

given to any saint or angel in heaven : and in case any were

VOL. 1. TART II. T

274 APPENDIX OF

185 given, the same saint tlierewith was made an idol ; and that

the same honor or worship was idolatry, and nothing else.

Item, That if the souls that be departed have any need

of our prayers, (if it might do them any good,) yee shal pray

that Christ the sooner, at the contemplation of our prayers,

may take them to the fruition of his glory.

These articles were exhibited and delivered unto the

reverend Father in God, the L. President of the

Kings Council in the Marches of Wales, 11th of

Jan. the 28th year of the King, by me,

Roger Lewis, Bachelour of Civil Law,

abidino- in S. Davids.

Number LXXVIII.

Tonstal, Bishop of' Durham, to the Lord Crumwel ; concern-

ing a book taken at Newcastle, called The Souls Garden.

Cott. Lib. RIGHT Honorable, In my humble maner I recommend

cie^opatra, ^^ xmio your good Mastership : advertising the same, that

there is comen to my hands a little book printed in English,

called Ortulus AnimcE: which was brought in by some

folkes of the Newcastle, and, as I am informed, there be

very many lately brought into the realm, chiefly into Lon-

don, and into other haven-townes. Which books, if they

may be suffered to go abroad, be like to do great harme

among the people. For there is in them a manifest decla-

ration against the effect of the act of Parlament lately made,

for the establishment of the Kings Highnes succession, as

ye shal perceive more plainly in reading the place your self.

Which declaration is made in the kalendar of the said book

about the end of the month of August, upon the day of the

decollation of S. John Baptist, to shew the cause why he was

beheaded. When ye find the day, read the gloss, that is set

in the midst among the dominical letters al that side, as far as

he speaketh of that matter : and your Mastership shal forth-

with perceive what harm it may do, if the book may be suf-

fered to go abroad. Wherfore if it be so seen to the Kings

RECORDS AND ORIGINALS. 275

Highnes, to whom it may like you to shew it, best it

were that letters were directed to al haven-townes, and

other places, where it is thought any such books to be, to

cause them to be diligently searched, and to be brought

unto the Kings hands; forbiding the said books to be

sold. That book that came to my hands I do send your

Mastership herewith, and have already written as effectually

as I can to the Maior of the Newcastle, that he search out

al such as can be found in the Newcastle, and to seize them in

the Kings name; and to get knowledge, if he can, who

were the bringers in of them. And if the K. H. or at lest

your self, would write unto him to do the same, I think it

would be done with more diligence. And surely in my 186

mind, good it were that like letters were sent to Hull, and

to other havens. The K. H. and his most honourable

Council may more plainly perceive, by reading the place

aforesaid, what harme may ensue by going abroad of the

said books. And thus Almighty Jesus preserve your good

Mastership to his pleasure and yours, and have you in his

blessed protection. From Stockton, the vii. day of July.

Your humble Bedeman,
Cutb. Duresme.

Number LXXIX.

Instructions Jhr the Lord Privy Seal ; being a letter to him
concerning the Bishop of Lincoln and his Archdeacon,
touching the Bishojis demand Jhr prcstatioiis.
WHAT appertaineth to the office of an Archdeacon, and Cleopatra,

wherupon his revenues groweth, and what heretofore hath '*

therunto appertained. Procurations, synodals, Peter-pence,

pensions, indemnities, fines of testaments, vacations of bene-

fices, installations of Abbots.
Procurations be due for visitation. The Archdeacon is

bound yearly to visit al his archdeaconry throughout.

Then to enquire of al crimes and misgovernance of the peo-

ple, as wel the Clergie as the lay fee, by Churchwardens

and other: and to reform whatsoever they find otherwise

T 2

276 APPENDIX OF
than wel, either committed hainously against the laws of

God, or the ordinances of the Prince, for a quiet common

weal, dissonant to Gods laws, to mans laws, and politick

order of the world: to reform the same, either by godly

persuasion and good advise, by combination, or by pains

and penalties, according to the hvunility and humble sub-

jection of the offendor, and repentance of his offence. For

this his visitation he hath procurations.

Synodals be due for the sene kept at Easter by the

Archdeacon or his officer, calling together the Parsons, the

Vicars, and parish Priests ; diligently enquiring, if every of

the same do and have done their duties accordingly to the

laws of God, laws of the Prince established, and the ordi-

nance of the Church accustomed ; and have godly and di-

ligently ministred al sacraments and sacramentals to their

parishoners at that Easter then past, and so in the year be-

fore. For this kind of visitation synodals be due to the

Archdeacon. Which the Bishop would now in any wise

have : because of a decretal, that saith. Quod Episcopo de-

hentur synodaUa. And for that text now would the Bishop

turn from his Peter-pence, calling them prestations^ or pen-

sions, and would have them now due for synodals., which

the Archdeacons have had and enjoy these three, six, yea

eight hundred years, without lett, interruption, or contradic-

tion of any Bishop. My synodals be not nineteen pounds

187 by year. And yet must I give to my Official five mark

fee yearly, and as much to my Register. And also bear their

costs yearly in riding to the sene., four or five pounds. So

have I not ten pounds clear for my synodals. But put the

case, that these synodals were the Bps., yet wherfore should

I be bound to gather his synodals ? Or why should I give

twenty nobles fee to my officers to serve him, and to be his

collector.? Dicat Apollo.
Peter-pence. Al Archdeacons of England gathered Peter-

pence, of every fire-house within every parish one peny :

which were graunted eight hundred year past by King Hyno,

[Ina,] and after confirmed by Inas; then by Offa, Rex

Marchiorum, [Merciorum,] by Arnulphus, by Alerudes

RECORDS AND ORIGINALS. 277

[Alured,] and others mo so following ; and by King John

for his time. After some antick [antique] authors, they

were graunted for a yearly preste, or a perpetual yearly sub-

sidy Episcopo Romano. PrcEstahantur in suhsidium Epi~

scopo Romano, saith divers authors. Others say, they were

given to a school in Rome, to the maintenance of English

scholars there, as Fabian and Guido, with others. But now

the Archdeacon, after these pence gathered, payd the same

in part, or al, to the collector of Rome, saving the Archdea-

cons of Lincoln and Sarum. These payd the pence ga-

thered to the Bp. ; and the Bp. payd to the collector, and

had his acquictance by the name of Peter-pence. The

Archdeacons had their acquittance of the Bp. by the name

of Prestation-mo-ny. So the Bishop of Lincoln paid, but he

gathered none : the Archdeacon gathered and pay'd, not to

the collector, but only to the Bp. So finally, seing the Bp.

never gathered Peter-pence, and yet payd them to the col-

lector every year ; and the Archdeacons gathered them

yearly, and payd none to the collector, but only to the Bp.,

what should the Bp. his demand other be, than for Peter-

pence.?
To prove that this word jjrestation is very Peter-pence, it

is too manifestly declared in the Bp. of Rome his own law,

in an epistle decretal sent Episcopo Cantuar. et Suffra-

ganeis suis ; (the Bp. of Lincoln one of his Suffragans ; and

perchance it was meant for him that was then Bp. of Lincoln,

as he were as nigh scraping as the Bp. that is now at this

present tyme ;) textus est in capitulo de Censibus in the

Decretals, Et qu(B de Avaritia. Verba sunt Jkrc: " N6

" gravetis parochias et ecclesias vestras propter visitationem

" beati Petri, cum feceritis coUectam denariorum."" Glos-

sator Bernardus, one of the Bp. of Rome his Secretaries,

expounds lioc verhum collcctam. Collccta, inquit, est pr

statio qucedam, qiiam Anglici solvnnt EcclesicB Romano', et

debet esse moderata. Nota. So that prestations is taken for

Peter-pence in the Bp. of Rome his own law.
Pensions or indemnities be these; when a Church is im-

propcred to an abby or a college, then the Archdeacon for

T 3

278 APPENDIX OF

ever lesithe tlie induction-mony, and in recompence of that

he shal have yearly out of the said benefice so impropered,

xii. pence, or ii. shillings for a yearly pension, more or less,

as it is agreed at the time of the improperation. And this

mony is called pensions or indemnities. And like as the

Archdeacon conservatur indemnis by this his yearly pension

payd in the lieu of the induction ; even so Episcopus con-

servatur indemnis., and hath a like pension for his indem-

nity in the lieu of his institution ; which he likewise calleth

his pension.

188 Fines y ox probates of testaments, be equally divided inter

Episcopum et Archidiaconum, at this present time, and so

hath long continued.
Vacations of benefices. Vacations be now extinct.

AVherof the Bp. had two parts, and the Archdeacon the

third part. Which was worth to the Archdeacon communi-

bus annis vi. vii. or viii. pounds.

Installations of Abbots, Priors, and Prioresses. Of every

such installation the Archdeacon had five mark. Which al-

though they be extinct, yet pay I the yearly tenth therof.
Finally, to conclude of the premisses. For Peter-pence

he can have nothing; quia non sunt: for procurations

nothing : for synodals nothing : for fines of testaments

he hath half: for vacations nothing: for installations no-

thing : for my pensions and indemnities nothing. And so I

pray you conclude that he have notliing. For al the books

that he hath exhibited and shewed to your Lordship, they

be of his own register. And al those containing no more,

but that the Archdeacon pay'^d him yearly prestations in

time past : and that he had that mony as an annual rent

this hundred year. And al that is true ; and should yet

have had it, if Peter-pence had continued. But now ces-

sante causa cessat effectus.

RECORDS AND ORIGINALS. 279

Number LXXX.
Starky to Pole ; for his answer to two points relating- to

the King's cause.

SIR, You wi'ot before in our Princes cause of jour own Cleopatra,

motion : wlierin you showed lovingly the dangers that might • • P- - '

of his cause follow. But the matter it self, as it is here by

the King sharply judged, you did not almost touch. Wher-

fore now the King, as I have written, requireth your learned

judgment ; and that you should leave your prudent and

witty policy, til you be required. The points be these,

which tho you right wel of your self know, yet I wil put

them a little after my mind before your eyes.
I. An matrimonium cum relicta fratris^ ah eo cognita^

sit Jure divlno licitum.

In this, and in the rest also, tho the Kings plesure be

you should give place to no mans persuasion nor authority,

as I am sure you wil not ; yet for the love that I bear unto

you, and for the desire that I have that you should se the

judged truth, I wil note certain places of weight, after

mine opinion, in these things to be considered, ever leaving

your own judgment free.
And first for the point, consider how this law is rooted in

nature : ponder it by this rule, if it seem to you good : al

things which bind man to the observation therof : al laws

written, put aside convenient for the conservation of the civil

politic life, vmiversally convenient to the dignity of the na^

lure of man ; al such, I think, is rooted in the law of nature.

Apply this rule without affection, and with a right ey ex-

amine it in this cause.

And then for the second point. An liceat dispensare. ISQ

Easy, I think, it slial be to find the Popes power extendeth

not therto. And tho it were expedient for the worldly po-

hoy for to have dispensation, as it was peradventure in the

King his cause ; yet it is not expedient any one man to have

such power, to break such law so r(X)ted in nature. And

upon diis ground it appears to me further, the Pope should

not have power, not only to dispcnce with any laws so rooted

T 4

J280 APPENDIX OF

in nature ; but also, that he hath not power, (nor convenient

is it that lie should have : yea, tho he were made Head of

the Church,) to dispense with laws made in general councels,

catholic laws, and universal grounds, ordained for the con-

servation of Christian life in al Christs Church. Tho he

hath used the contrary, it is, I think, a misuse, and usurped.

By the reason wherof now it is spied, now it dotli fal, now

it is plucked justly away.

Look also and ponder this, whether ever the whole au-

thority of making, of abrogating, of dispensing with catho-

lic laws, and universal grounds of Christian living, were

ever given and translated to the Pope by any law written

in general councels. Which were necessary to find, if we

should attribute such authority. As to the Emperors, we

find legem reg'iam, qua potestas seiiatus et populi erat in

principem collata.

II. The second principal matter. An siiperioritas, quam

multis in scBculis Romanus Pontifex sibi vindicarit., sit ex

jure divino.
Here you must weigh the places of the Gospel and Scrip-

ture. Wherin, I think, you shal find none manifestly proving

that. The common places you know how that they are

understood. Contrary therto divers and many. As when

the disciples of Christ contended for superiority, you know

what Christ said. You know how S. Paul confesseth, he

knew only Christ for Head. Civil and politic heads he con-

fessed many, sedjure divino nullum.

Further, look to the beginning of the Church, when the

truth therof was better known than it is now. In the Acts of

the Apostles you shal find no such thing. And after the

Apostles dayes, the four Patriarchs of Jerusalem, of An-

tioch, of Constantinople, of Rome, had among them no su-

periority.

Look further, how the Greeks fel from the Church Ca-

tholic, as we cal now : chiefly, for because the Bps. of Rome

would be chief heads. You know what is to be given to

the judgment of the Greeks, in the interpretation of the

Scripture, better than I do.

RECORDS AND ORIGINALS. 281

The contention between Peter and Paul takes away such

superiority as is given to the successor of Peter. Ponder,

why more from the Bp. of Antioch than of Rome, such su-

periority is taken away ; seing Peter was Bp. of both.

These certain poynts I now write to you, non quia prcB-

judk'inm aliqyod afferrent. The Kmgs plesure is, you

should, without any prejudicial affection taken of any man,

upon one part or other, with a sincere mind, and with that

light tliat God hath given you in Scripture and in learn-

ing, give your sentence.

And as touching the policy of both the matters, and of

bringing them to effect, (which his Grace hath now done,)

whether it be wel done or evil, he requireth no judgment of

you, as of one that in such things have no great experience I90

as yet. As whether it be convenient, that there should be

one Head in the Church, and that to be the Bp. of Rome.

Set these aside. And in the case of matrimony, whether the