THE SUPPLICATION OF THE COMMONS AGAINST THE ORDINARIES, April 1532 (Wilkins, III. 750)

The Supplication of the Commons Against the Ordinaries was one of Cromwell’s 1532 masterstrokes. The papers were grievances against the Ordinaries, as abuse was rife within the Church, along with issues surrounding the way they ignored their own laws and unfairly punished lay people for similar behaviour. It is unknown when the Supplication was first drafted; Cromwell may have had his papers drawn up years in advance, given all he had seen over the past few years.^[2] The supplication passed in the Commons in January and formally put to King Henry in March.

By the end of April, the King received the Answer of the Ordinaries after it passed through Convocation, who naturally argued against what Cromwell had written. The Church held an enormous amount of power in England, making their own laws and passing their own sentences on laypeople, who did not have the education to argue their case, nor the money to bribe church officials in return for safety. Stripping the Ordinaries of their powers would hand much control back to the King and help a lot of innocent people.^[3]   In 1533, Cromwell set to work in moving the jurisdiction of laws from the church to the crown, something we take for granted today.

‘A boke ayenst the clergy for takyng excessyve Fees’

To the King our Sovereign Lord

In most humble ways shown unto your excellent highness and most prudent wisdom, your faithful, loving and most humble and obedient subjects, The Commons in this your present Parliament, assembled that where of late as well, through new fantastical and erroneous opinions grown by occasion of frantic, seditious and overthwartly framed books compiled, imprinted, published and made in the English tongue, contrary and against the very true Catholic and Christian Faith, and also by the unreasonable and extreme rigour indiscrete and uncharitable behaviour and dealing of diverse ordinaries. The Commissaries and Substitutes which have heretofore had the examination in and upon the said errors and heretical opinions. Much discord, variance and debate has risen and more and more daily is like to increase and ensue amongst the universal sort of your said subjects, as well as spiritual and temporal, either against others in most uncharitable manners, to the great inquietation, vexation and breech of your peace within this your most Catholic realm. The special particular grieves whereof which most principally concerned your said Commons and lay subjects, and which are as they undoubtedly suppose the very chief foundations, occasions and causes that daily fosters, nourishes and maintains the said seditions, factions, deadly hatred and most uncharitable partakings, either part and sort of your said subjects, spiritual and temporal, against the other hereafter followingly do ensue.

First, where the prelates and spiritual Ordinaries of this your most excellent realm of England and the clergy of the same, have in their convocations, heretofore made and caused to be made, and also daily do, make diverse and many factions of laws, constitutions and ordinances without your knowledge or most royal assent, and without the assent and consent of any your lay subjects, unto the which laws your said lay subjects have not only heretofore and daily be bounden constrained to obey, as well in their bodies, goods and possessions, but also been compelled daily to incur into the censures of the same, and been continually put to importable charges and expenses against all equal right and good conscience. And yet your said humble subjects nor their predecessors could ever be privy to the said laws, nor any of the said laws have been declared unto them in the English tongue or otherwise published. By knowledge whereof, they might have extued (avoided) the dangers, censures, and penalties of the same. Which laws so made your said most humble and obedient subjects under the support of your Majesty are supposed 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 all your said subjects. And also, where now of late there has been devised by the most Reverend father in God William, Archbishop of Canterbury, that in the courts which he calls His Courts of the Arches and Audience, shall be but only ten proctors at his deputation, which be sworn to prefer and promote the only jurisdiction and preferment of the said courts. By reason whereof, if any of your lay subjects shoulder have any lawful cause against the Judge of the said Courts or against any doctor or proctor of the same, or any of their friends or adherents, they cannot may in any wise 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 tracked and delayed, as your subjects suing in the same shall be put to importable charges, costs and expenses. And in case that any matters there being preferred should touch your Crown Regal Jurisdiction and prerogative royal, yet the same shall not be disclosed by any of the said proctors for fear of loss of their offices. Wherefore, your said most obedient subjects under the protection of your majesty suppose that your highness should have the nomination of some convenient number of proctors to be always attendant in the said courts of the arches and audience there to be sworn as well to the preferment of your jurisdiction and prerogative royal, as to the expedition of all the causes of your lay subjects repairing and suing to the same.

And where also many of your said most humble and obedient subjects and specially those that be of the poorest sort within this your realm, been daily convened and called before the said spiritual Ordinaries, their Commissaries and Substitutes and Officials sometimes at the pleasure of the said Ordinaries and Substitutes, for malice without any cause and sometimes at the only promotion and accusement of their false summoners and apparitors being very light and indiscrete persons, without any lawful cause of accusation or credible fame proved against them, and without any presentment in the visitation been inquieted, disturbed vexed, troubled and put to excessive and importable charges for them to bear, and many times be suspended and excommunicated for small and light causes, upon the only certificate of the proctors of the adversaries made under a feigned seal, which every proctor has in his keeping, whereas the party suspended and excommunicated many times never had any warning and yet when he shall be absolved if it be out of the court he shall be compelled to pay to his own proctor 20 pence, and to the proctor which is against him another 20 pence, and 20 pence to the scribe besides a pricey reward that the Judge shall have to the great impoverishing of your said poor lay subjects.

Also, your said most humble and obedient subjects find them grieved with the great and excessive fees taken in the said spiritual courts and in especially in the said Courts of the Arches, and audience where they take; for every citation 2 shillings 6 pence; for every inhibition 6 shillings 8 pence; for every proxy 16 pence, for every certificate 16 pence; for every libel 3 shillings 4 pence; for every answer to any libel 3 shillings 4 pence; for every act, even if it be but two words to the Register 4 pence; for every personal citation or decree 3 shillings 4 pence; for every sentence or judgement to the Judge 26 shillings 8 pence; for every testimonial upon any such sentence or judgement 26 shillings 8 pence; for every significate 12 shillings; for every commission to examine witnesses 12 shillings. Which is thought to be importable to be borne by your said subjects and very necessary to be reformed.

Furthermore, where the said spiritual Ordinaries many times purposely to revenge their inward grieves and displeasures and to put their said laws in execution their Commissaries and Substitutes sometimes for their own pleasures, sometimes by the sinister procurement of other spiritual persons use, to make out process against diverse of your said subjects and thereby compel them to appear before themselves to answer at a certain day and place to such articles as by them shall be of office before themselves. Then, purposed and that secretly and not in open places, and forthwith upon their appearance without cause or any declaration, then made or showed commit and send them to ward, where they remain without bail or mainprise (non-custodial bail) sometimes half a year, and sometimes a whole year and more. Nor they may in any ways know either the cause of their imprisonment or any name of their accuser, and finally their great costs, charges and expenses therein, when all is examined and nothing can be proved against them, but they clearly innocent for any fault or crime that can be laid onto them in that part, been set again at large without any recompense or amends in that behalf to be towards them adjudged.

And also, if percase upon the said process and appearance any party be upon the said matter, cause or examination brought forth and named either as party or witness, and then upon the proffe (pre-trial evidence) and trial thereof not able to prove and verify his said accusation or testimony against the party so accused to be true, then the person so causelessly accused is clearly for the more part without any remedy for his charges and wrongful vexation to be in that part towards him adjudged and recovered.

Also, upon the examination of the said accusation, if heresy be ordinarily laid onto the charge of the party so accused, then the said Ordinaries or their ministers use to put to them such subtle interrogatories concerning the high mysteries of our faith as are able quickly to trap a simple unlearned, or yet a well-witted lay man without learning, and bring them by such sinister introduction, some to his own confusion. And forthwith, if there any chance heresy to be, by such subtle policy by him confessed in words, and yet never committed nor thought in deed, then put they without further favour the said person either to make his purgation, and so thereby to lose his honesty and credence for ever, or else as some simple silly soul precisely standing to the clear testimony of his own well-known conscience rather than to confess his innocent truth to abide thextreme examynacion of deth by the Fyer the extremity in that behalf and so is utterly destroyed.

And if by fortune the said party so accused is to deny the said accusation and so put his adversary to prove the false same untruly forged and imagined against him, then for the more part such witnesses as been brought forth for the same be they but two in number, never so sore defamed of little truth or credence, adversaries or enemies to the party yet they shall be allowed and enabled only by discretion of the said Ordinaries, their Commissaries and Substitutes, and there upon sufficient cause to proceed to judgement to deliver the party so accused either to the secular hands and so to be burned after abjuration without remedy, and before if he submit himself to compel him when best happens, to make his purgation and bear a(n emblem of a) fagotte to his extreme shame and utter undoing.

In consideration whereof, most gracious Sovereign Lord, and forasmuch as there is at this present time and by a few years past has been outrageous violence on the one part and much default and lack of payment, and sufferance, charity and good will on the other part, a marvelous disorder of the godly quiet, peace and tranquility that this your realm heretofore ever hitherto has been in, thorough your politic wisdom in most honourable fame and Catholic faith inviolably preserved. It may therefore, most benign Sovereign lord, like your excellent goodness for the tender and universally indifferent zeal, benign love, and favour that your highness bears toward both the said parties, the said articles if they shall be, by your most clear and perfect judgement, thought any instruments or causes of the said variance and disorder, or those and all other occasions whatsoever accompanied by your highness, to make towards the said factions deeply and weightily, after your accustomed eyes and manner searched, weighed and considered graciously, to provide all violence on both sides utterly and clearly set a part some such necessary and behofull (discerning) remedies as may effectually reconcile and bring in perpetual unity your said subjects, spiritual and temporal. And for the establishing thereof to make and ordain on both sides such straight laws against the breakers, transgressors and offenders as shall be too heavy, dangerous, and weighty for them, or any of them, to bear, suffer and sustain. Whereunto, your said Commons, most humbly, heartily, and entirely, beseech your grace as the only head Sovereign, Lord Protector and Defender of both the said parties, in whom and by whom the only and sole redress, reformation and remedy herein absolutely rests and remains. By occasion whereof, all your said Commons, in their conscience surely accompt) that besides the marvellous, fervent love that your highness shall thereby gain and engender in their hearts towards your Grace, you shall do the most princely feat, and show the most honourable and charitable president and mirror that ever a Sovereign lord did upon his subjects and with that, merit and deserve of our merciful lord’s eternal bliss, whose goodness grant your Grace in most godly, princely and honourable estate, long to reign, prosper and continue as the Sovereign lord over all your said most humble and most obedient subjects.

And Where also. the said prelates and Ordinaries daily do permit and suffer the parsons, vicars curates, parish priests and other spiritual persons having cure of soul within this your realm, ministering unto your said loving subjects to exact and take of your humble and obedient subjects, diverse sums of money for the Sacraments and sacramentals of holy church, as the holy sacrament of the altar, baptism, matrimony, confession, burials, weddings, churchings, and such other sometimes denying the same without they first being paid the said sums of money and to take for the ministration of the same of your said subjects divers and certain sums of money alleging the same to be their duties. Which sacraments and sacramentals your said most humble and obedient subjects, under the protection of your highness, do suppose and think ought to be in most reverent charitable and goodly wise freely ministered unto them at all times, requisite without denial or any manner some or exaction of any manner sums of money or other duty or contribution to be asked demanded or required for the same to be demanded or asked for the same. And also, where in the spiritual courts of the said Prelates and Ordinaries been limited and appointed for many Judges, Scribes, Apparitors, Summoners, Appraisers, and other ministers for the approbation of testaments, which coveting so much their own private lucres (immoral profits) and satisfaction of the 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 ways extorte and make long delays or excessively 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.

And also where most gracious Sovereign, the Judges Constituted and appointed by the said spiritual Ordinaries in their said Courts to here and determine causes there, do in likewise daily take many great and excessive fees and rewards of your said poor subjects having any cause or matier depending before them as is aforesaid And over that when any Judgement or sentence by the said Judge shall be given before them will also have great sums of money for the same. So that nothing is or can be obtained in any of the said Courts without money.

Wherefore, Your said most humble and obedient subjects do therefore, under your gracious correction and support, suppose it were very necessary that the said Ordinaries in the deputation of such Judges should be bound to appoint and assign such discreet, gracious and honest persons having sufficient learning, wit, discretion and understanding and also being indeed with such spiritual promotions 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, fee or reward for any manner sentence or judgement to be given before them, and also, whereas diverse spiritual persons being presented as well by your highness and by other patrons within this your realm to any diverse benefices or other spiritual promotion. The said Ordinaries and there ministers do not only take of them for their Letters of Institution and Induction, many great and excessive large sums of money and rewards, but also do pact and covenant with the same, taking sure bonds for their indemnity to answer to the said Ordinaries the first fruits of the said benefices after their Institution, so as they being ones presented or promoted as is aforesaid been by the said Ordinaries very extremely uncharitably handled, to their no little hindrance and impoverishment, which your said subjects suppose not only to be against all laws right and good conscience, but also to be simony (benefice for profit) and contrary to the laws of God.

And also, whereas the said spiritual Ordinaries do daily confer and give sundry benefices unto certain young folks, calling them their nephews or kinsfolk, being in their minority and within age not apt nor able to serve the cure of any such benefice. Whereby, the said ordinaries do keep and detain the fruits and profits of the same benefices in their own hands and thereby accumulate to themselves right great and large sums of money and yearly profits to the most pernicious example of all your said lay subjects and so the curates and other promotions given unto such infants been only given but employed to enrich the enriching of the said Ordinaries and the poor silly souls of your people and subjects which should be taught in the parishes given as aforesaid for lack of good curates do perish without doctrine or any good teaching.

And also where a great number of holy days which now at this present time, with very small devotion be solemnised, and kept throughout this your realm, upon the which many great abominable and execrable vices, idle and wanton sports been used and exercised, which holy days, if it may stand with your gracious pleasure, and special such as fall in the harvest might, by your majesty, by the advice of your most honourable council, prelates and Ordinaries be made fewer in number, and those that shall hereafter be ordained to stand and continue might and may be the more devoutly, religiously and reverently observed to the lord of almighty God and to the increase of your high honour and fame.

[1] LP v no. 978, 13 Apr 1532

[2] G. R. Elton, The Commons Supplication of 1532, p. 107-136

[3] ibid

Cromwell’s ledgers are printed in full in The Letters and Remembrances of Thomas Cromwell