Note 163 — Chapter XIII · (continued 2)

Instructions to Sir Thomas Hilton and his Companions: Rolls House MS. There are many groups of “articles” among the Records. Each focus of the insurrection had its separate form; and coming to light one by one, they have created much confusion. I have thought it well, therefore, to print in full, from Sir Thomas Hilton’s instructions, a list, the most explicit, as well as most authentic, which is extant.

“I. Touching our faith, to have the heresies of Luther, Wickliffe, Huss, Melanchthon, Œcolampadius, Bucer’s Confessio Germanica, Apologia Melancthonis, the works of Tyndal, of Barnes, of Marshal, Raskall, St. Germain, and such other heresies of Anabaptists, clearly within this realm to be annulled and destroyed.

“II. To have the supreme head, touching cura animarum, to be reserved unto the see of Rome, as before it was accustomed to be, and to have the consecration of the bishops from him, without any first-fruits or pensions to him to be paid out of this realm; or else a pension reasonable for the outward defence of our faith.

“III. We humbly beseech our most dread sovereign lord that the Lady Mary may be made legitimate, and the former statute therein annulled, for the danger if the title might incur to the crown of Scotland. This to be in parliament.

“IV. To have the abbeys suppressed to be restored—houses, lands, and goods.

“V. To have the tenths and first-fruits clearly discharged, unless the clergy will of themselves grant a rent-charge in penalty to the augmentation of the crown.

“VI. To have the friars observants restored unto their houses again.

“VII. To have the heretics, bishops and temporals, and their sect, to have condign punishment by fire, or such other; or else to try the quarrel with us and our partakers in battle.

“VIII. To have the Lord Cromwell, the lord chancellor, and Sir Richard Rich to have condign punishment as subverters of the good laws of this realm, and maintainers of the false sect of these heretics, and first inventors and bringers in of them.

“IX. That the lands in Westmoreland, Cumberland, Kendal, Furness, the abbey lands in Massamshire, Kirkbyshire, and Netherdale, may be by tenant right, and the lord to have at every change two years’ rent for gressam [the fine paid on renewal of a lease; the term is, I believe, still in use in Scotland], and no more, according to the grant now made by the lords to the commons there under their seal; and this to be done by act of parliament.

“X. The statute of handguns and cross-bows to be repealed, and the penalties thereof, unless it be on the king’s forest or park, for the killing of his Grace’s deer, red or fallow.

“XI. That Doctor Legh and Doctor Layton may have condign punishment for their extortions in the time of visitation, as bribes of nuns, religious houses, forty pounds, twenty pounds, and so to —— leases under one common seal, bribes by them taken, and other their abominable acts by them committed and done.

“XII. Restoration for the election of knights of shires and burgesses, and for the uses among the lords in the parliament house, after their antient custom.

“XIII. Statutes for enclosures and intakes to be put in execution, and that all intakes and enclosures since the fourth year of King Henry the Seventh be pulled down, except on mountains, forests, or parks.

“XIV. To be discharged of the fifteenth, and taxes now granted by act of parliament.

“XV. To have the parliament in a convenient place at Nottingham or York, and the same shortly summoned.

“XVI. The statute of the declaration of the crown by will, that the same be annulled and repealed.

“XVII. That it be enacted by act of parliament that all recognizances, statutes, penalties under forfeit, during the time of this commotion, may be pardoned and discharged, as well against the king as strangers.

“XVIII. That the privileges and rights of the Church be confirmed by act of parliament; and priests not to suffer by the sword unless they be degraded. A man to be saved by his book; sanctuary to save a man for all cases in extreme need; and the Church for forty days, and further, according to the laws as they were used in the beginning of this king’s days.

“XIX. The liberties of the Church to have their old customs, in the county palatine of Durham, Beverley, Ripon, St. Peter’s at York, and such other, by act of parliament.

“XX. To have the Statute of Uses repealed.

“XXI. That the statutes of treasons for words and such like, made since anno 21 of our sovereign lord that now is, be in like wise repealed.

“XXII. That the common laws may have place, as was used in the beginning of your Grace’s reign; and that all injunctions may be clearly decreed, and not to be granted unless the matter be heard and determined in Chancery.

“XXIII. That no man, upon subpœnas from Trent north, appear but at York, or by attorney, unless it be upon pain of allegiance, or for like matters concerning the king.

“XXIV. A remedy against escheators for finding of false offices, and extortionate feestaking, which be not holden of the king, and against the promoters thereof.”

A careful perusal of these articles will show that they are the work of many hands, and of many spirits. Representatives of each of the heterogeneous elements of the insurrection contributed their grievances; wise and foolish, just and unjust demands were strung together in the haste of the moment.

For the original of this remarkable document, see Instructions to Sir Thomas Hilton, Miscellaneous Depositions on the Rebellion: Rolls House MS.