"Hereafter followeth by protestation articles against the cardinal of York, shewed by me Thomas Darcy, only for to discharge my oath and most bounden duty to God and the King, and of no malice.
"First, all articles togedirst that touches God and his Church, and his livings and acts against the same. "Second, all that toucheth the King's estate, honor, prerogatives, his dignity royal and imperial, and crown, and against his laws. "Item, finally in order, lack of justice, and using himself, by his authorities of chancellor, faculties legantine and cardinal; what wrongs, exactions, extortions he hath used, and thereby impoverished all the nobles and others the King's servants,—yea, and all the whole commonalty,—like for many years to be irrecoverable, &c. "Item, memorandum how he had wrongfully the goods of bishop Smyth of Lincoln, the archbishop Savayge, Baynbryge, Dalbe, Tunnes (Toneys), the bishops of Durham and Winchester, with many others. "Item, all his authorities, legantine and others, purchased of the Pope, and all authorities and offices and grants that he hath of the King's grace by any grant sued (?) and debated, and then upon special commissions and instructions sent unto the King's most trusty servants in every shire, and he ... hes (?), and the Cardinal's [servan]ts straitly examined of all his unlawful acts.
"Matters by protestation to charge him with to answer sewyngly (severally?) and articlerly, and to count upon. "Inprimis, how at his entry the King's grace had amity and peace with all Christian princes, and most specially with the Pope's Holiness. "Item, how then every Christian prince obeyed the Pope's Holiness, and had good praise and amity every of them with others. "Item, what mighty treasure the King's grace had at his entry, that was left unto him by the King of famous memory, appears of record. "First, in ready coins of gold and in silver. "Item, in plate and bullion of gold and silver.* "If that truth and justice shall have place, and no concealment to be used:-- "First, he is richest of all treasures; and all his books, bills, letters, &c., of receipts and issuings, to be surely sequestered, all at one day, hour, and time, by sure folks. (fn. 2) "Item, the office of chancellor and all other legacies and faculties semblable to be, that it may be openly known. "Item, his disciples in every place. Md. "Item, then commissions well largely and straitly to be devised and sent forth into every shire for matters, and then none shall lack that be over marvellous and odible for any good man to hear,—yea, and that in great and sundry specialties. "Item, his disciples in the privy chamber, and others, spiritual and temporal, of his promotions not sure (?) ne dig[ne] to remove, and officers semblable in offices of the realm and upon the frontiers that hath charges of keys and principal streets of the ... "Item, in the lieu of civilians indigne, divines ..., and that done it is thought great, and urgent, and ungracious matters shall be found against him. "Item, good it is in my poor opinion, that after he sequestered in sure and [secret, trusty (fn. 3) ] keeping, that the King's grace, by good and secret espials in Rome, France, and in all outward strange countries, inquire well of all his affairs there, and also by strait examination of himself to be taken, and by searching of his books and examining his council. "[Item, he and other bishops have counselled together often secretly; London, Carlisle, Bath, &c.‡] "Sayings that he intends for his remedy, &c., by reports:-- "First, to divide nobles, not doubting thereof. "Item, yet and if that fail, corruption in them, or the King shall not ... "Item, else at the French king to sue for him. "Item, failing thereof, at the Emperor or his councillors by corruption. "Item, if that fail, the Pope to send for him as straitly as may be to appear there, and there he to remain, as he purposes. "Finally, if all fail, he clearly doubts not, as he and his affirms, but that he hath the guilt and under (fn. 4) to discharge him of all this light flea biting or flies stingings, and yet to so handle all matters that he shall reign still in more authority than ever he did, and all to quake and repent that hath meddled against him. "Item, at the Parliament they intend to be strong, and all fail. "Herefor, finally and peremptorily, no manner person, spiritual nor temporal, being of any reputation, dare meddle to make bills or [ot]herwise, but all stops whilst that he is [in an]y authority, being clearly in despair where ... ll reports they were in great comfort of justice at the King's grace['s hands]. "Memorandum, at his entry to authority, this realm [was] at peace, first with the Pope and all Christian realms, as appears by matter of record of perpetual peaces, leagues and amities. "Item, the King's treasures then of the late King of famous memory his father assembled in great substance, remaining in bullion, plate, jewels, and coins, both of gold and silver, besides great and many specialities of recognizances, obligations, as also appears by matter of record. "Item, the King's own revenues and treasure assembled to count upon. "Item, the King's laws in every court of record within this realm, then and before, by the ministers of the same having due and lawful course, and so used, as appears by matters of record sithence the King's reign to his entry to authority. "Item, the King's estate and port royal in his honorable household, and otherwise, then by his honorable council and officers in good point, stay, and order, with due obeisances, goodly services, and justice, well and profitably looked upon after the best precedents that had been afore, to his entry, and as appears by matter of record. "Item, the King's coins then having the old course and rate as it had in above a hundred years before and unminished: or matter seen why or wherefore any such minishing or necessity was or should be. "Item, all concourse of merchandize and other commodities of and for this realm, with returns then used, as well by strangers, the King's subjects, at marts, u[ther] shippings and otherwise, without exactions, bribes, or unlawful acts, as appear[s by record]. "Item, then and above a hundred years before the best prelate within this realm ever content with one dignity of a bishopric only, [or one archbishopric, as appears of record (fn. 5).] "Item, then the Lents, Embers, vigils, and other days accustomed of Commandments and Councils of Holy Church, justly observed and kept, and the offenders, if any, were duly punished, as appears of record in every diocese to, &c. "Then no abbeys ne houses of religion by untrue surmises pulled ne suffered to be pulled down, ne noble founders' wills broken, ne Magna Carta, but royally maintained, and divine services upholden. "Item, then, ne in many winters before, no sanctuaries violated ne broken, as appears by matter of record, ne religious houses exempt and close houses. "Item, then ne in all the King's time afore neither taxes, dymes, subsidies, 15ths, prests, loans, nor benevolences raised of any of the King's subjects, spiritual nor temporal, but general pardons, with many other most natural, gracious, and bounteous, high and noble acts and gifts given and done by the King to his nobles, servants, and subjects, as appears by, &c. to &c. "Item, none of the religious houses, abbeys, charterhouses, nunneries close ne [o]pen, friars of all orders, and others that were [exe]mpt under bulls, ne in many winters disobeyed ne visit, as appears [in] divers cardinals' days by matter of record. "Item, then the Pope's Holiness had none entry, gift, ne use of any spiritual promotion or dignity, ne levying of any money within this realm contrary to the King's prerogative royal, the writ called ne exeas regnum, and others for such purposes provided and granted, as also appears of record. "Item, then the King's grace was yearly and from year to year particularly and generally justly answered of all his revenues, subsidies, customs, wards, royalties, escheats, fines, mines, wood sales, with all other casualties and profits, and yearly after the audits determined the same treasures of yearly revenues, &c. delivered with the books into the Exchequer and treasuries and to the Tower, and the same from time to time issued by warrants and others sufficient discharges, after the old laudable custom and use in long time afore in the King's noble progenitor's days, as appears by matter of record afore every treasurer and courts of record, to that he entered, &c. "Item, then in every court of record, Star chamber, and afore the president council of nobles daily attending about the King's grace, according to his most dread and virtuous commandments, the very true course of the common law and justice, without briberies or colors, had place, and the King's true and good servants and subjects cherished and rewarded, and offenders and subverters of laws and bribers punished. "Item, then every man spiritual and temporal, and cities and towns, disposed and gave their own promotions and offices without [any] interruption of legacy, faculties a latere ..., as appears of record. "Item, then and in many winters afore, after the death of every person of what degree so he or they were of, it was of course of laudable custom to pay only for probate of any will 2s. 6d. to, &c. "Item, then none of high or low degree durst enter into the danger of the prœmunire, but that for example of others they were punished accordingly, and also by him, and how many times he hath therein offended in giving of promotions by prevention and faculties, and others that he gave them to accordingly, may appear by matter of record. "Item, that by his great orgueil and pride, and insatiate covetousness to maintain the same, he hath by color of his powers of Cardinal legate a latere, and faculties both of spiritual and temporal, assemble[d] marvellous great and mighty sums of money, which, by commission and by good and diligent examination within every shire and parish, may appear by sufficient matter of record. "Item, by semblable means may all his great exactions, briberies, and others his extorts and unlawful wrongs be known. "Item, semblably of the first C ... s of the ... of cardinal Baynbrygg, of the dean of Polls, (fn. 6)... aynbryg of the Court, Mores, the treasurer of Y[ork], Doctor Burbanke, &c. the [ce]rtainty may be known. "Item, by semblable means may surely be known what he hath had by cha ... of all bishops, abbots, priors, and other prelates, deans, and others of dignities or worships, for promotions spiritually since his entry. "Item, semblably for the gifts of offices and promotions temporal may be known. "Item, what yearly his rightful receipts hath been, and what yearly his expences hath been, here and beyond sea, which by sudden search appears by his books. "Item, the abomination, ruin, and seditious and erroneous violations used at the pulling down of the abbeys by his commissioners and servants at his commandments, and the great robberies and spoilings, may be weighed to the worst act or article of Martyn Lutter's, as will be proved if good trials and examinations be had thereof, which is over odible and spiteful against the law of Christ to be written in this bill, and never punishment of any person so offending as yet, but rewarded with his high gifts and promotion. "Item, the orgueillous visitation and search that he rigorously and suddenly made at the Syon, contrary to their grants of sy[ndry] Popes granted at the suit and costs of the King's [grace's] progenitors, Harry the V ... and how the prior ... thought that the secrets and ... was so violated and bro[ught] ... to live, but so doing ... "Item, all the coins of gold, silver, bullion, plate, jewels, stores, implements, debts, and dues, as well by specialties as otherwise, and bells, books, leads, and all other metals and anowrnements, beddings, apparels, and trashments, with standards of household and apparels, as well of them as of their houses and monasteries pulled down, all converted clearly to his use, which as before may be tried and proved by matter of records of every house particular, in great sums and substances. "Item, the surmises why the said houses were pulled down made to the Pope for the authorities, and what the grants extend unto, and how the same was used, and what is written thereof in mundum,—first, for the Pope's grant; second, for the monks discharges so put out, and for the founders; and last, for stablishing of those lands to Oxfurth College, and the grants thereof particular, is to be seen and perused by, &c. "Item, what mighty sums hath been levied of other houses of religion, some for respect, some for dread to be pulled down, and by others his feigned visitations, under colour of virtuous reformations, which may appear if g ... was to vice and ruin, and their deformation ... [o]thers belonging to him ... the sudden increase of ... s to be remembered and the ... es, what they were afore and is now. "Item, of his son Wyntter and his fellows, the five open pedigrees and acts, and of the great treasures and charges, yea, and promotions and ordinary yearly rents by him, under colors thereof, yearly assembled and gathered, and convert to his own use thereby, may be certainly known by due inquiry, &c. "Item, his high colorable and presumptuous summoning and using of the King, advancing his prodigal pawme (palm), without regarding his duty of allegiance, or the ordering him in any point like a subject or discreet man in all his conducts and processes, but as though It had been to the most simple personage within the realm. "Item, calling divers earls and barons of his band his subjects and servants, &c. "Item, memorandum, Trubilffeld's wrongs and death. "Item, of more that had like grants of abbeys pulled [down]. "*Item, the cardinal Bainbryge, Pace, Burbank, treasurer, &c. "Item, the feigned matter and great sums of money lost, &c., versus Fernandos (?) "Item, the recognizances taken in the North without any causes, contrary to the law; whether that or any of the premises be a subversion of the law or not. "Item, to learn what causes and matter is within the præmunire statutes and subversion of laws, and for that to see who hath suffered, and when and how therefore, after precedents and records in times past. "Item, injunctions that ... should not sue to the King ne to follow ... laws, ne proceed to take such sums as ... law. "Item, taking the King ... of household and u[ther] ... "Memorandum, to declare the ways without displeasure, for the King's honor and great profits, the ready ways how to bring him to make a clear and plain accounts for all his time yearly, every year by itself. "Item, my conceit to search and sequester him and all his books and riches in one hour, and then much matters yet unknown shall come forth surely, both concerning his affairs with the Popes, Emperor, and French king, and other princes, &c. without the realm, and others within the realm. "Item, his secret disciples, promoters, pollers, and executors of his ungracious acts to be semblably used the same day and hour. "Item, the ruin and decays of all spiritual and temporal and commons, and fortresses, holds, and ships, and all estates of this realm that served the King's grace, or others, but only such as served him and attended him, and how such be enriched, and sundry of them great purchasers of lands, so that 6 or 8 of them hath more increased than 20 lords in his time. "Item, to approve his great pride, insatiate covetous mind, with daily increasy[ng] and unnatural, unkind, yea, ... towards the King's grace wh[ich] took [him into his] favor, gave him two bishoprics ... [Cardin]al legate a latere, and to use ... [St. A]lbons and the lands of all abbeys ... of Chancellor, with fees, &c., yet he not ... asked lands, wards, his table, fees, &c. "Memorandum, in briefs for the Parliament. "Item, to examine of the [greate]st divines what rules and ordinary t ... by their learning ... divine all and every the bishops be bounden unto. "Item, the same divines to show and declare by several examinations, apart and together, the very true chapters in their principal books of authority, that service be for justifying of the said purposes, and against pluralities, trialities, and totcotts, &c. "Item, against that they should meddle with, ne minister, ne occupy any temporal offices, ne examinations and judgments, ne sentences of and for life and death, ne determinations of wars. "Item, of their untrue surmises to the Pope's Holiness for obtaining of dispensations for serving and using of the said unlawful purposes. "In all the premises, the King's grace with his nobles, secretly and apart, first to use the said examinations and trials as they will here and at Rome abide by, at and of the most famous doctors, divines, and after all lawyers, as well of either sorts that hath promotion as that have none, and also of them that be religious ... lest such as the ... by good deliberation ... master and sovereign Lord ... so that special good ... "Memorandum, Parliament matters. "First, to approbate and affirm [that] every captain slain in the [King's] service by sea or land h ... for that one time next suing to ... wards but freely to enter to [his] lands, and semblable to his ... "Item, that no nobleman ne gentleman be outlawed ne condemned without speciality of his band, sealed and signed, and delivered for his deed, afore witness therein. "Item, that from Trent north ordinary, the terms and laws to be kept as is at Westminster; treasons, &c., urgent causes, reserved. "Item, that both offenders in the spiritual law against God in the decrees openly, and open and presumptuous offenders against the King's laws for usury, simony, &c., for false clothes making, and in many other crimes, be more roundly, from time to time, sore punished, or else, &c. "Item, that all knights' fees, baronies, and earldoms be viewed, and how many of them be in spiritual hands. "Item, to see what of all temporal lands the spiritual men hath, and by what titles, and for what purposes, and whether it be followed or no. "Item, better, and much more merit, honor, and virtue is it for the King's grace to proceed and determine all reformations of spiritual and temporal within this [his] realm, so that h[e] ... * * * "Item, that never legate nor cardinal be in England. "Item, their legacies and faculties clearly annulled and made frustrate. "Item, that sure search and inquiries be made what hath been levied thereby. "Item, that it be tried whether the putting down of all the abbeys be lawful and good, or no, for great things hang thereupon. "Item, for that, &c., good it is to see all the surmises of the Cardinal for obtaining of his authorities and totcotts, both for him and others, and to see how they stand with the decrees and laws divine. "Item, some straiter laws for punishments of usurers, pollers, extortioners, and bribers, and colorers of authorities, or otherwise. "Item, exactions, and such used by spiritual men. "Item, for probations of testaments after the old rate. "Item, against letters of ministration, and what great injuries and wrongs daily grows of these, besides deth is woill broken therby. "Item, some provisions for repairings and fortifying of the marches and frontiers. "Item, for services in the wars, and maintaining the King's ... of the Church and religion ... the parishyngs (parishioners?), frank archers, &c., in ordinary. Peaces and wars, [bo]th a surety and a commonwealth with taxes, &c. * * * "First, his offer and ... [an]empst my bill of r'st. (receipt) of M ... li. "Item, how colorably and wrongfully he voided me from the offices of captain of Berwick and warden of the Marches, a yearly living of, by year, 1,000l. "Item, voiding me upon his promise to recompense me of the offices of treasurer, chamberlain, and customer of Berwick, which, by his award and others of the Council, I bought of Sir Rich. Cholmley, knt., and gave to him ready money 40 marks for his good will, and worth yearly to me by year to use by my deputy, 50l., and 20 in wages. "Item, that most and worst is by his unjust [and] subversion of the laws, binding me, amongst many others, without any manner of ground, cause, or matter, yet to this done by me contrary to the law or my sovereign Lord's commandment, band, ... recognizance of good abearing ... * * * Pp. 15, in Darcy's hand. Headed: "Jhs. 1 July 1529. Jhs. P. F. 5." R. O. 2. Another paper. "Item, to sew (show) and perfect his own righteous receipts yearly, and to all his charges at Rome for bulls, faculties, and other his charges there. "Item, in all concerning his person, household, apparels, port, ordinary and extraordinary. "Item, of all his buildings and other sumptuosities. "Item, to show his bulls and grants of faculties and others, and the labors and suggestions whereupon the same was granted, as well of all his dignities of bishops, abbacies, cardinal, as legate, by several Pope's grants, and whether the same stand with the laws, and special of this realm, and with the King's prerogatives and prescription belonging to this his empire, and with the writ called ne exeas regnum. "Item, what entry he hath given the Church of Rome against the gift of all dignities and promotions. "Item, herein he, his factors, councillors, and his and their books, suddenly to be searched and examined apart, ever he first sequestered, afore anything be done." P. 1. In Darcy's hand. R. O. 3. Proclamation setting forth that as the King is informed many great wrongs have been done against the Church and the King's prerogative, with great corruptions and bribes by the archbishop of York, cardinal, all who have sustained such injuries in one law or the other, may appeal, within ten days after the publication of this proclamation, to the King's commissioners A. B. and D. C. Corrected draft, in Darcy's hand, p. 1, large paper. ii. Another proclamation (written on the back of the preceding), ascribing "the great dekeye and enorme ruine, scasenesse and povertie of this our realme," to the neglect of God's service and neighbourly charity. The King, therefore, commands all his subjects, "namely, beneficed, and men of lands," to be resident where their best patrimony lies, under such penalties as the Council may devise, except the council of the nobles and their officers. Moreover, as "T. C. and A. of Y., P. of E., and C. of the same," (Thomas, card. and abp. of York, primate of England, and chancellor,) whom the King put in high trust to administer the laws spiritual and temporal, has "negligently misordered and subverted the same, and sore impoverished our said subjects and realm, through his inordinate pompe, vainglory, and rather ipocrasye," all who have matter of complaint against him may deliver bills thereof to A. B. and C. in all convenient haste.
