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1048 [1047]

K. Hen. 8. The Clergie in the Premunire. The Popes Annates & iurisdictiō cease.

in the Chapter house of S. Paul. MarginaliaThe bishops policie wyth the Priests for payment of the kynges money. At which day the priestes appeared, and the Byshops policie was to haue onely vj. or viij. Priestes together, and by perswasions to haue caused them to graūt some portion toward the payment of the foresayd hundreth. M. pound. But the number of the Priestes was so great (for they were vj. hundreth at the least 

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The figure was also taken out of Hall's Chronicle [for which, see Edward Hall, The Union of the Two Noble and Illustre Families of Lancastre & York, 2 vols., ed. by H Ellis (London, 1809), ii, p.784; L&P, v, 387]. The event is examined by Brigden [for which, see Susan Brigden, 'Tithe Controversy in Reformation London', Journal of Ecclesiastical History, 32 (1981), pp.285-301].

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, & with them came many temporall men to heare the matter) that the Byshop was disapointed of his purpose. For when the Byshops Officers called in certaine Priestes by name into the Chapter house, with that, a great number entered, for they put the Byshops Officers that kept the doore a side.

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After this, the Officers got the doore shut agayne. Thē the Priestes without, sayd: we will not be kept without, and our felowes be within: we know not what the Bishop will do with them. The temporall men beyng present, comforted and encouraged the Priestes to enter, so that by force they opened the doore, and one strake the Byshops Officer ouer the face, and entred the Chapter house, and many temporall men with them, and long it was ere any silence could be made. At last, when they were appeased, the Byshop stode vp and sayd: Brethrē, 

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The speech can be found in Hall's Chronicle (probably embellished) [for which, see Edward Hall, The Union of the Two Noble and Illustre Families of Lancastre & York, 2 vols., ed. by H Ellis (London, 1809), ii, p.783]. Although Stokesley's oration had the desired calming effect, his officers stirred up the crowd again by recording names for punishment of moral correction.

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I meruaile not a litle, why you be so heady and know not what shal be sayd to you: therfore I pray you to keepe silence and to heare me paciently.

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MarginaliaThe byshops perswasion to the priestes to helpe them to pay their forfait. My frendes all, you know well that we be men frayle of condition and no Aungels, and by frayltie and lacke of wisedome, we haue misdemeaned our selfe towarde the kyng our soueraigne Lord and his lawes, so that all we of the Clergy were in the Premunire, by reason whereof, all our promotions, landes, goodes and cattels were to him forfaite and our bodies ready to be imprisoned: yet his grace moued with pitie and compassion, demaunded of vs what we could say, why he should not extend his lawes vpon vs. Then the Fathers of the Clergy humbly besought his grace, of mercy. To whom he aunswered that he was euer enclined to mercy. Then for all our great offences, we had litle penaunce: For where hee might by the rigour of hys law haue taken all our liuelode, goodes and cattels, he was contented with one hundreth thousand poundes to be payde in fiue yeares. And although that this summe be more then we may easely beare, yet by the rigour of his lawes we should haue borne the whole burthen. Wherfore my brethrē, I charitably exhorte you to beare your partes of your liuelod and salary toward þe pament of this summe graunted.

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MarginaliaThe priests answere to the bish. Then it was shortly sayd to the Byshop: My Lord, 

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The response is also taken from Hall's Chronicle [for which, see Edward Hall, The Union of the Two Noble and Illustre Families of Lancastre & York, 2 vols., ed. by H Ellis (London, 1809), ii, pp.783-4; L&P, v, 387].

twenty nobles a yeare is but a bare liuyng for a Priest: for now victayle and euery thyng is so deare, that pouertie, in maner, enforceth vs to say nay. Beside that, my Lord, we neuer offended in the Premunire, for we medled neuer with the Cardinals faculties: let the Byshops and Abbottes which haue offended, pay.

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Then the Byshops Officers gaue to the Priestes high wordes, which caused them to be the more obstinate. Also diuers temporall men whiche were present, comforted the Priestes, and bad them agree to no payment. In this rumour, diuers of the Byshops seruaunts were buffeted and stricken, so that the Byshop began to be afrayde, and with fayre wordes appeased the noyse, and for all thynges which were done or sayd there, he pardoned them, and gaue to thē his blessyng, and prayed them to departe in charitie. Then they departed, thinkyng to heare no more of the matter, but they were deceiued: MarginaliaB. Stokesley cōplayneth to Syr. Tho. More. For the Byshop went 

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In the event, the court of Aldermen offered Stokesley their aid in the matter of this 'revolt', but Stokesley choose instead to go to More. Hall reported (and Foxe here repeated it) that the mayoral court imprisoned the leaders of the clerical and lay trouble-makers. [See, Edward Hall, The Union of the Two Noble and Illustre Families of Lancastre & York, 2 vols., ed. by H Ellis (London, 1809), ii, p.784]. According to John Noorthouck's study, Sir Thomas was supported by two sheriffs, Michael Durmer and Walter Champion.

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to Syr Tho. More thē beyng Lord Chaūcellour (which greatly fauoured the Byshop & the Clergy) & to him made a greuous cōplaynt, & declared the fact very greuously. Wherupon commaūdemōt was sent to Syr Tho. Pargitor Maior of the Citie, to attach certaine Priestes and temporall men, MarginaliaCertaine priests and temporall men committed to prisou. and so. xv. Priestes and fiue temporal men were arrested, of the which, some were sent to the Tower, some to the Fleete & other prisons, where they remained long after.

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MarginaliaPreaching agaynst the kings first mariage. This beyng done in the yeare of our Lord. 1532. it followeth moreouer the same yeare, that diuers preachynges were in the realme, one contrary to an other, concerning the kynges Mariage: and in especiall one Tho. Abell Clerke, 

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Foxe here refers to Thomas Abel (known as the Blessed Thomas Abel in Catholic circles as he was beatified on 20 December 1886 by pope Leo XIII). His book is entitled Invicta veritas, an anser to the determination of the most famous universities that by no manner of law it may be lawful for king Henry to be divorced from the Queen's grace his lawful and very wife which was published at Luneberg in 1532.

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which was the Queenes Chaplaine, to please her withall, both preached and also wrote a booke in defence of the sayd Mariage: wherby diuers simple mē were persuaded. Wherfore the kyng caused to be cōpiled and reduced into a booke, the determination 
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The dating is slightly off as Foxe here refers to the vernacular translation of the book written by John Stokesley, Edward Fox and Nicholas de Burgo, Gravissimae atque exactissimae illustrissimarum totius Italiae et Galliae academiarum censurae which had been published in London in April 1530. This is the work which had been prefaced by the university determinations. It was translated by Thomas Cranmer as The determinations of the most famous and most excellent universities of Italy and France and was published in London in November 1531. The two treatises have now been collected together for side by side comparison [for which, see The Divorce Tracts of Henry VIII, ed. by Edward Surtz and Virginia Murphy (Angers, 1988)].

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of the Vniuersities, with the iudgemēts of great Clerkes, which booke beyng Printed and set abroad, dyd agayne satisfie all indifferent and reasonable persons, which were not to much wedded to their willes.

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Mention was made a litle before, of a Parlamēt begon the xv. day of Ianuary. an. 1533. in the which Parlament the cōmons had put vp a Supplication, complainyng of the strait dealyng of the Clergy in their proceedyng Ex officio. 

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The complaint refers to authorities claimed by the bishops 'by right of office' - including legislative and judicial authorities which were increasingly subject to anti-clerical scrutiny in this period. The supplication was presented to the king on 18 March 1532 [for which, see G R Elton, The Tudor Constitution (Cambridge, 1972), pp.324-6].

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MarginaliaThe wicked acte [illegible text] broken by the kyng. This cōplaint, although at the first it seemed not greatly to be tendered of þe kyng, yet in prorogation of the Parlamēt, the tyme so wrought withall, that the kyng hauyng more cleare vnderstandyng of the abuses & enormities of the clergye, and in especiall of the corrupt authoritie of the Sea of Rome, prouided certaine actes against the same: MarginaliaStatut. an. 23. Reg. Henr. 8. First as concernyng 
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Parliament was prorogued on 14 May 1532.

the lawes, decrees, ordinaunces & constitutions made & stablished by the pretēsed authoritie of the Byshops of Rome, to the aduauncement of their worldly glory: MarginaliaAn act concerning the popes lawes. that who so did or spake any thyng either agaynst their vsurped power, or agaynst the sayd lawes, decrees, or cōstitutions of theirs not approued nor groūded vpē holy Scripture or els beyng repugnant to the kynges prerogatiue royall, should therefore stand in no daunger nor be impeachable of heresie. And likewise touchyng such cōstitutions 
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Those canons acceptable to the majority of the committee would be given royal assent. [See, Public Records Office, State Papers 6/6, fols.108-9].

ordinaunces & canons prouinciall or Synodall, which were made in this realme in the cōuocation of Bishops, beyng either preiudiciall to þe kynges prerogatiue, or not ratified before by the kyngs assent, or beyng otherwise onerous to the kyng & his subiectes, or in any wise repugnaunt to the lawes & statutes of this realme, MarginaliaDecrees and constitutiōs prouinciall of thys realme, committed to examination. they were cōmitted to the examination & iudgement of xxxij. persons chosen by the kyng, out of the hygher & lower house, to be determined either to stand in strength, or to be abrogate at their discretiōs: and farther that all the Clergy 
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This is from the text of the 1534 'Act for the submission of the clergy to the King's Majesty' (25 Henry VIII, c.19).

of this realme submittyng themselues to the kyng should and did promise in verbo Sacerdotij, neuer hereafter to presume to assemble in their conuocations without the kyngs writte, nor to enact or execute such constitutiōs without his royall assent. &c. Ex Statut. Henr. 8.

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MarginaliaNo man to appeale to Rome. Farther, 

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These are details from the 1533 'Act of Appeals' (24 Henry VIII, c.12).

in the same Parliament was enacted and decreed, that in causes and matters happenyng in contention, no person should appeale, prouoke, or sue, out of the kynges dominions, to the Court of Rome, vnder payne of prouisours, prouision, or Premunire.

Item, in the same 

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These are details from the 1534 'Act for first fruits and tenths' (26 Henry VIII, c.3) and 'Act restraining the payment of Annates etc'

Parlament was defined and concluded, that all exportatiō of Annates and first frutes of Archbishoprickes and Byshoprickes Marginalia* Boner in his prologue before De vera Obedientia, saith: that this rauinous pray of the pope cōmeth to as much almost as the kings reuenues. out of this Realme to the Sea of Rome, for any bulles, breues or palles, or expeditiō of any such thyng, should vtterly cease.

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MarginaliaThe maner of Inuesting by the king. Also for the inuestyng 

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These are details from the 1532 'Act concerning restraint of payment of Annates to the see of Rome' (23 Henry VIII, c.20), bishops and other higher clergy would from this point on be appointed through royal letters patent.

of Archbyshops, Byshops, or other of any Ecclesiasticall dignitie, such order in the sayd Parlament was taken, that the kyng should send a licence vnder the great seale, with a letter missiue, to the Priour & Conuent, or to the Deane and Chapter of those Cathedrall Churches where the Sea was vacant: by the vertue of which licēce or letters missiue, they within xij. dayes, should chose the sayd person nominated by the kyng, & none other, & that election to stand effectuall to all intentes. Which election beyng done, then the partie electe, makyng first his othe and fealtie to the kyng, if it were a Byshop that was elect, then the kyng by his letter patentes, to signifie the sayd election to the Archbyshop of that prouince, and two other Byshops, or els to foure Byshops within this Realme, to be assigned to that office, without any other suyng, procuryng, or obteynyng any bulles, breues, or other thyngs from the Sea of Rome.

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Moreouer, 

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This is a paraphrasing from the 1533 'Act for the exoneration from exactions paid to the See of Rome' also known as 'act concerning Peter's Pence and Dispensations (or the Ecclesiastical Licences Act - 25 Henry VIII, c.21).

agaynst all other whatsoeuer intolerable exactiōs & great summes of money vsed to be payd out of this Realme to the Byshop of Rome, in pensiōs, censures, MarginaliaPeter pence stopped frō Rome. Peterpence, procuratiōs, fruites, suites for prouisions & expeditions of bulles, for Archbyshops, & Byshops, for delegacies & rescriptes in causes of cōtentions and appeales, iurisdictions legatiue: also for dispensations, licences, faculties, graūtes, relaxations, writtes called Perinde valere, rehabilitations, abolitiōs, canonizations, & other infinite sortes of bulles, breues, & instrumentes of sundry natures, the number wherof were tedious particularly to be recited, in the sayd Parlament it was ordeined, that all such vncharitable vsurpatiōs, exactions, pentions, censes, portions, & Peterpence wont to be payed to the Sea of Rome, should vtterly surcease, & neuer more to be leuied: so that the kyng with his honorable counsaile should haue power & authoritie frō time to tyme, for the ordering, redresse, & reformation of all maner of indulgences, priuileges, &c. within this Realme.

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MarginaliaPeter pence, how they came, & how long they continued. Where is to be noted by the way, as touchyng these Peterpence aforesayd, that the same were first brought in and imposed by K. Ina, about the yeare of our Lord. 720. Which Iua kyng of the Westsaxons, caused through all his dominiō in euery house hauyng a chimney, a peny to be collected and payed to the Byshop of Rome in the name of S. Peter, and therof were they called Peterpence. MarginaliaVid. supra. pag. 128. vid. supra pag. 128. The same likewise did Offa kyng of Mercians after hym, about the yeare of our Lord. 794. MarginaliaVid. supra pag. 131. vid. pag. 131. And these Peterpence 

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Foxe's details are accurate. In the reign of King Alfred (c.849-99) the collection was normalized to a fixed rate of £200 a year. [See, Stanford E Lehmberg, The Reformation Parliament, 1529-1536 (Cambridge, 1970), p.191].

euer since, or for the most part, haue vsed of a long custome to be gathered & summoned by the popes Collectours here in England, from the tyme of Inas aforesayd, to this present Parlament. an. 1533.

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Finally, 

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Foxe here refers to the 1534 'Act for the establishment of the King's succession' (25 Henry VIII, c.22).

by the authoritie of the Parlament it was consulted and considered concernyng the legalitie of the lawfull

suc-
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