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corpse, and some claim to have all the tapers. Some also claim to have one of the torches that is about the hearse, and others to have all the torches. And if the body be brought in a charette or with coat armour or such other (ornaments), then they claim all the horses and charette and the apparel or part thereof." Now, in his other book, Saint-German thinks that though these things annulled already by statute," there is rising up “a thing concerning mortuaries," that "if it be allowed to continue will cause great difficulties in the near future. It is this: "Many curates not regarding the king's statute in that behalf, persuade their parishioners when they are sick to believe that they cannot be saved unless they restore them as much as the old mortuary would have amounted to." All those who act in such a way are, he thinks, “bound in conscience to restitution, since they have obtained money under false information.'

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After arguing that Parliament has a right to legislate in all matters concerning goods and property, our author says: "It is certain that all such mortuaries were temporal goods, though they were claimed by spiritual men; and the cause why they were taken away was, because there were few things within this realm which caused more variance among the people than they did, when they were allowed. They were taken so far against the king's laws and against justice and right, as shall hereafter appear. First they were taken not only after the husband's death, but also after the death of the wife, who by the law of the realm had no goods, but what were the husband's. They were taken also from servants and children, as well infants as others; and if a man died on a journey and had a household, he should pay mortuaries in both places." Whilst in some places both the parson and the vicar claimed the mortuary; "and sometime even

1 Dyalogue, &c., f. 2.
A treatise concerning the division, f. 23.

the curate (i.. parish priest) would prohibit poor men to sell their goods, as were likely to come to them as mortuaries, for they would say it was done in order to defraud the Church." And the mortuaries had to be handed over at once, or they would not bury the body. All these things led to the great growth of mortuaries "by the prescription of the spiritual law, and had they not been put an end to by Parliament they would have grown more and more.

"And in many places they were taken in such a way that it made the people think that their curates loved their mortuaries better than their lives. For this reason there rose in many places great division and grudge between them, which caused a breach of the peace, love, and charity that ought to be between the curate and his parishioners, to the great unquietness of many of the king's subjects, as well spiritual as temporal, and to the great danger and peril of their souls. For these causes the said mortuaries be annulled by Parliament, as well in conscience as in law, and yet it is said that some curates use great extremities concerning the said mortuaries another way; and that is this: If at the first request the executor pay not the money that is appointed by the statute, they will anon have a citation against him, and in this he shall be so handled that, as it is said, it would have been generally much better for him to have paid the old mortuary, than the costs and expenses he will then have to pay.'

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Another fertile cause of complaint against the clergy at this time was, in Saint-German's opinion, the way in which tithes were exacted; in many cases without much consideration for justice and reason. "In some places, the curates all exact their tenth of everything within the parish that is subject to tithe, although their predecessors from time immemorial have been contented to do without

1 Ibid., f. 25.

it and this even though there is sufficient besides for the curates to live upon, and though perchance in old time something else has been assigned in place of it. In some places there has been asked, it is said, tithe of both chickens and eggs; in some places of milk and cheese; and in some others tithe of the ground and also of all that falleth to the ground. In other places tithes of servants' wages is claimed without any deduction; and indeed it is in but few places that any servant shall go quite without some payment of tithe, though he may have spent all in sickness, or upon his father and mother, or such necessary expenses."

Our author, from whom we get so much information as to the relations which existed in pre-Reformation times between the clergy and people, goes on to give additional instances of the possible hardships incidental to the collection of the ecclesiastical dues. These, where they exist, he, no doubt rightly, thinks do not tend to a good understanding between those who have the cure of souls, and who ought to be regarded rather in the light of spiritual fathers, than of worldly tax collectors. He admits, however, that these are the abuses of the few, and must not be considered as universally true of all the clergy. "And though," he concludes, "these abusions are not used universally (God forbid that they should), for there are many good curates and other spiritual men that would not use them to win any earthly thing, yet when people of divers countries meet together, and one tells another of some such extremity used by some curates in his country, and the other in like manner to him, soon they come to think that such covetousness and harsh dealing is common to all curates. And although they do not well in so doing, for the offence of one priest is no offence of any other, if they will so take it; yet spiritual men themselves do nothing to bring the people out of this judgment; but allow these abuses to be used by some without correcting them."

1 Ibid., f. 26.

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To these objections, and more of the same kind, Sir Thomas More did not make, and apparently did not think it at all necessary to make, any formal reply. Indeed, he probably considered that where such things could be proved it would be both just and politic to correct them. His failing to reply on this score, however, seems to have been interpreted by Saint-German as meaning his rejection of all blame attaching to the clerical profession in these matters. In the Debellacyon of Salem and Bizance More protests that this is not his meaning at all. says," writes he, "that I, in my mind, prove it to be an intolerable fault in the people to misjudge the clergy, since I think they have no cause so to do, and that there I leave them, as if all the whole cause and principal fault was in the temporality." This, More declares he never dreamed of, for "if he seek these seven years in all my Apology, he shall find you no such words" to justify this view. On the contrary, he will find that "I say in those places, that the people are too reasonable to take this or that thing' amiss for ' any reasonable cause of division.' The fact is, "I have never either laid the principal fault to the one or to the other." To much that Saint-German said, More assented; and his general attitude to the general accusations he states in these words: Many of them I will pass over untouched, both because most of them are such as every wise man will, I suppose, answer them himself in the reading, and satisfy his own mind without any need of my help therein, and because some things are there also very well said."

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Reading the four books referred to above together, one is forced to the conviction that the description of Sir Thomas More really represents the state of the clergy as it then was. That there were bad as well as good inay be taken for granted, even without the admissions of More; but that as a body the clergy, secular or religious, were

1 English Works, p. 936.

as hopelessly bad as subsequent writers have so often asked their readers to believe, or even that they were as bad as the reports, started chiefly by Lutheran emissaries, who were striving to plough up the soil in order to implant the new German teachings in the place of the old religious faith of England, would make out, is disproved by the tracts of both Saint-German and Sir Thomas More. In such a discussion it may be taken for granted that the worst would have appeared. Had the former any evidence of general and hopeless corruption he would, when pressed by his adversary, have brought it forward. Had the latter-whose honesty and full knowledge must be admitted by all-any suspicion of what later generations have been asked to believe as the true picture of ecclesiastical life in pre-Reformation England, he would not have dared, even if his irreproachable integrity would have permitted him, to reject as a caricature and a libel even Christopher Saint-German's moderate picture.

In one particular More categorically denies a charge made by Tyndale against the clergy in general, and against the Popes for permitting so deplorable a state of things in regard to clerical morals. As the charge first suggested by Tyndale has been repeated very frequently down to our own time, it is useful to give the evidence of so unexceptionable authority as that of the Lord Chancellor of England. Tyndale declared that although marriage was prohibited by ecclesiastical law to the clergy of the Western Church, the Pope granted leave "unto as many as bring money to keep concubines. And after asserting that this was the case in Germany, Wales, Ireland, &c., he adds, “ And in England thereto they be not few who have (this) licence— some of the Pope, and some of their ordinaries." To this More says: "We have had many pardons come hither, and many dispensations and many licences too, but yet I thank our Lord I never knew none such, nor I trust never shall, nor Tyndale, I trow either; but that he listeth loud to lie. And as for his licences customably given by

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