ed by the statute; and the jealousy of the commons for
liberty, though it led them to reject the bill of treasons sent to
them by the lords, appears not to have been very active, vigilant, or
clearsighted.
* Parl. Hist. vol. iii. p. 258. Burnet, vol. ii. p. 190.
** 5 and 6 Edward VI. cap. 2.
The commons annexed to this bill a clause, which was of more importance
than the bill itself, that no one should be convicted of any kind of
treason, unless the crime were proved by the oaths of two witnesses,
confronted with the prisoner. The lords for some time scrupled to
pass this clause, though conformable to the most obvious principles of
equity. But the members of that house trusted for protection to their
present personal interest and power, and neglected the noblest and most
permanent security, that of laws.
The house of peers passed a bill, whose object was, making a provision
for the poor; but the commons, not choosing that a money bill should
begin in the upper house, framed a new act to the same purpose. By
this act the churchwardens were empowered to collect charitable
contributions; and if any refused to give, or dissuaded others from that
charity the bishop of the diocese was empowered to proceed against them.
Such large discretionary powers intrusted to the prelates seem as proper
an object of jealousy as the authority assumed by the peers.[*]
There was another occasion in which the parliament reposed an unusual
confidence in the bishops. They empowered them to proceed against such
as neglected the Sundays and holy-day.[**] But these were unguarded
concessions granted to the church: the general humor of the age rather
led men to bereave the ecclesiastics of all power, and even to pillage
them of their property: many clergymen, about this time, were obliged
for a subsistence to turn carpenters or tailors, and some kept
alehouses.[***] The bishops themselves were generally reduced to
poverty, and held both their revenues and spiritual office by a very
precarious and uncertain tenure.
* 5 and 6 Edward VI. cap. 2.
** 5 and 6 Edward VI. cap, 3.
*** Burnet, vol ii. p. 202.
Tonstal, bishop of Durham, was one of the most eminent prelates of that
age, still less for the dignity of his see, than for his own personal
merit, his learning, moderation, humanity, and beneficence. He had
opposed, by his vote and authority, all innovations in religion; but as
soon as they were enacted, he
|