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supra-9. Item, whether they were, according the statutes and ordinances
supra. —16. Item, they any
them do
examined whether there hath been any de tection denunciation made me thereupon, and how they know can prove that have
have
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685] STATE TRIALS, 3 Edw. VI. 1550. -for opposing the Reformation. [686 and where, and what was their conference and that upon the said commission divers doubts
communication therein, & interrog. ut supra
20. Item, that they and every of them declare * and shew the true and sufficient cause of their
testimony, in and singular the premises. ” After this the Judges delegate assigned the
and ambiguities have and may arise. —As whether you the tenor the said commis sion may proceed not only the denunciation,
but also mere office. And also whether
may well determine hear the said cause. Bishop appear again before them upon Wed For further declaration whereof we do now in
nesday then next ensuing, between the hours seven and eight the clock before noon,
the hall the archbishop's manor Lambeth,
there shew the cause why should not declared, pro confsso, upon the articles whereunto had not then fully answered, and
see further process done the matter; and
(he still protesting the nullity and invali dity their proceedings) they did for that
terpret and declare, that our full mind and pleasure, the advice aforesaid, was our commission, and now that you should pro
present depart. —In this meanwhile the com
missioners certified the king's majesty and his
council, the bishop's demeanour towards
them, and what objections had made against the matter. And this our declaration we send their proceedings, making doubts and ambigui unto you our sure knowledge and mere mo ties whether, the tenor his majesty's com tion, the advice aforesaid, supplying de mission, the commissioners might proceed not fault, ceremony, and point Inw, which
only the denunciation, but also their mere
office; and also whether they might well de
termine hear the cause. Whereupon his ma
jesty advice aforesaid, for the better under
standing thereof, did the 17th September And therefore we will and command you
send unto the commissioners full and perfect Declaration and Interpretation his will and pleasure the foresaid commission, giving them hereby full authority proceed
own discretions, appeareth more the tenor thereof ensuing:
proceed the said matters accordingly,
well our foresaid commission this our de
claration, and fail not. witness whereof we have made these our letters pa
tents. At Hampton Court the 17th day September. ”
their large
the way any
other ways means your discretions,
the truth and merits the cause may most speedily and best known, and that
might and may well finally determine hear the said matters; your orders and doings, cutting away vain and superfluous delays, and having respect the only truth
ceed well mere office, also denunciation, and either them,
hath, shall, may arise your doings
reason any default words our said for mer commission any part thereof, any law, statute, act the contrary notwithstanding.
where
-
certain Declaration Interpretation the The fourth Session against Bonner, Bishop
King, touching certain points and doubts his former Commission, with licence given
London, before the King's Commissioners, the great hall Lambeth, the 8th Sept.
AFTER this Declaration being sent down and received from the king, the bp. London, (according the commissioners assignment
well determine Bonner.
of Ireland, earth the supreme head; the hall at Lambeth. Where under his wonted most reverend father God, Thomas abp. protestation, first declared, that although Canterbury, metropolitan and primate Eng had already sufficiently answered things, land, the right rev. father God Nicolas bp. yet further satisfy the term assigned unto of Rochester our trusty and right well-beloved
the Commissioners
hear, the case
“Edward
England, France, and Ireland, defender the
faith, and the church England, and also upon Wednesday the 8th Sept. the great
the grace God, king
the Monday before) appeared again before them
counsellors, Wm. Peter and Tho. Smith knights, our two principal secretaries, and
Wm. May doctor law civil and dean Paul's, greeting. Where we late, the
advice our most entirely beloved uncle Ed
ward duke Somerset, governor our per
son, and protector our realms, dominions,
and subjects and the rest our privy council,
have addressed unto you, five, four three
you, our letter's patents commission bearing
date Westminster the 8th Scpt. the
3rd year our reign, willing you force
thereof hear the matters and cause of con
tempt therein expressed, and calling before you consent his pretended colleagues; the
well the denouncers thereof, also the right least commissioner did prescribe the rev. father God Edmund bp. London, actuary what write, which ought not against whom such Denunciation made, have done, because law ought not have
our said Letters Commission more large intermeddled therein, for that his colleagues doth appear, we now credibly informed, did the first day begin judges against
him, shew cause why ought not de clared, pro confesso, upon the articles thereto
fore ministered against him, and the which had not fully answered, had then mat
ter writing exhibit unto them, why ought not declared, which read
there openly. Wherein first under his accus tomed unreverent terms pretended, unjust, and unlawful process and assignation, said
was not bound the law (for good and
reasonable causes) obey the same, especially their assignation. —And first, for that the same was only pronounced Tho. Smith, one
the pretended commissioners, without the
in as
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687] . STATE TRIALS, 3 Edw. VI. 1550–Proceedings against Bishop Bonner, [6ss
him the bishop, without the presence of the which words the gross bishop beast said sir Tho. Smith. —And secondly, because man might justly term him) said scornfully
his Answers, as well unto the pretended de the archbishop, You shew yourself meet munciation, as also to all the articles thereto judge.
fore objected against him, were as full and The archbishop then proceeding laid his sufficient, as the law required (or at leastwise charge how indiscretely, the last day the there was nothing good in law apparent to the chapel had called the people woodcocks. contrary) and therefore he was not enforced by —Whereunto answered, that the last ses law further to answer thereunto without fur sion Wan. Latimer, one the denouncers, ther allegation. —And because also that all being there present, had practised with the their proceedings thereto were so extraordina audience that when lifted
rily done, that they had confounded man them, they should (and did were
ner lawful process, sometimes proceed ken given them) say said, and
ing denunciundum, sometimes officio mero, did; one time upon the lifting
and sometimes officio mirto, contrary unto hand, they cried, nay, nay; and
the king's ecclesiastical laws, and contrary also time, yea, yea, and laughed they could not unto their commission that behalf. -And tell whereat, with such like fashions.
either denied the least qualified, some
the law, such sort the ecclesias divers inkhorne and naughty terms, calling tical laws this realm the king's subjects them pretended commissioners, pretended des:
likewise because divers the articles pretended Unto which words Latimer, seeing vain were superfluous and impertinent, not reveal suspicion, replied saying, that lifted not
ing though they were proved, containing hand any time but only cause them them untruth and falsity, some obscure and hold their peace. —Then secretary Smith said uncertain, some depending upon other articles
captious and deceitful bring the answerer
into snare, and some also being articles missioners, but used always protestations with
the bishop, that writings and an swers that had hitherto laid in, would not once acknowledge them the king's com
hand
to he
his another
legates, pretended commission, pretended arti cles, pretended proceedings, that things
were ‘pretended' with him. Indeed (said hey such terms the proctors churches use, de' lay matters for their clients, when they will
the lord protector and the rest the council,
did himself alone (without any other) write
certain articles, injunctions (amongst the such terms, you therein very lewdly and which was that the king's authority his naughtily. And pray you what other thing minority) and afterward did copy the same did the rebels? —For when letters pardons the table within the said council chamber, and were brought them from the king and his
himself did deliver them unto him. By council, they would not credit them, but said
were not bound make answer thereunto. — And lastly, because that Tho. Smith, se cretary the king's majesty, when that the bishop was last with the council the council chamber White Hall, after the departure
reason whereof that not true, which the commission, denunciation and articles was de duced and objected against him.
they were none the king's council's, but gentlemen's doings, and made under
not have the truth known but you my lord use the king's majesty's commissioners with
bush, with such like terms. But now my lord, When these fond and frivolous objections because hitherto cannot make you confess
were thus read, the archbishop secing his inor dinate and intolerable contempt towards them,
charged him very sharply, saying, My lord London, had sitten here only archbishop
Canterbury, had been your part have
used yourself more lowly, obediently and rever
ently towards me than you have but seeing
that with my colleagues here now de sess plainly what you did, yea may there legates from the king's majesty, must tell you fore say, the intent may come the
lain, you have behaved yourself too much truth, have dilated the matter more large, ordinately. For every time that we have and have drawn out other articles whereunto
sitten commission, you have used such un you shall seemly fashions, without reverence and obe dally with
sworn, and then trust you will more you have done. For make your answers writing, yet
law, were young proctor that would sure you my lord, there you and one *other help client's cause; but you may not
dience, giving taunts and checks, well unto us, with divers the servants and chaplains,
here,
although
you shall
examined and make your mouth the same articles, else
answers
calling them fools and daws, with such like, you shall worse. Indeed not, (as
also unto certain the ancientest that
that you have given the multitude in said) discommend your protestations and terms
tolerable example disobedience. And
whether, your Sermon that you preached,
omitted the article touching the king's majes ty's authority his tender age not, but still
have said that will not otherwise answer
than have done, and that have already sufficiently answered (with many such delays)
suffered use the king's commissioners, Then did the delegates minister unto him the like think hath not before been heard certain new articles and injunctions, and did
bishop whom could name, that have used yourselves contemptuously and disobediently,
seen, whereby have done much Kthere onerate him with corporal oath forua.
we can means induce you con
of as or
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689] STATE TRIALS, 3 Edw. VI. 1550. —for opposing
of law make full and true answer there noon, then and there
Roformation. [690
unto. The bishop notwithstanding still (ac why should not
cording his wonted manner) under his for And delivering him copy the Articles, mer protestation protested the nullity and they departed the contents whereof ensue: invalidity these articles, injunctions, and Articles and Positions given the King's Com process, desiring also copy thereof, with
competent time answer thereunto. To
whom the judges decreed copy, commanding
him come his examination the arch
bishop the next day o'clock before nooon. “1. That were sent for the lord pro —Then the commissioners did receive for wit tector's grace, and the rest the council, and ness, upon these new articles now ministered came thither into the court at Westminster the
unto the bishop, John Mason, Thomas tenth August, some other day the same Chalenor, knts. master Wm. Cicil, Armigel month. That the same time the lord Wade, and Wm. Hunnings, clerks the king's protector and divers other the king's majesty's
majesty's council, whom they onerated with
corporal oath the presence the bishop,
who still protesting the nullity their
ceiving and swearing, objected against thein faults and abuses the which were found you, and their sayings; and therewith, repeating his and gave you straight charge amend them, interrogatories already ministered, said had adding threatening that else you should more minister to-morrow o'clock. -- otherwise looked unto. That the said lord
The same day and time likewise the bishop protector's grace did declare unto you, for exhibited unto the commissioners an informa better admonition and amendment you, that
tion, rather cavillation against Wm. Lati you should have from the king's majesty, mer, for that he, notwithstanding that had his advice and the rest the privy council, talk pretended the great tranquility certain articles and injunctions, observe and
of this realm, which was greatly impeached follow, given you writing. That there and hindered when that any the king's sub and then the said lord protector commanded jects should think that his majesty hath not Thomas Smith knight, secretary the king's
full power and authority royal his minority, majesty, read certain proper book in when his majesty came perfect age, junctions and articles unto you, the said secre should think that his subjects were not bound tary standing the council table's end, and
obey the same, yet hath late there open you standing and hearing the same. audience reported, that hath heard with his That the said lord protector there and then
missioners the Bishop London, an swered him jointly and severally every
point the second time.
privy council sitting council, were called in, and there the said lord protector did the majesty's behalf declare unto you divers
shew final cause declared pro confesso.
ears divers persons unreverently speak the king's majesty, saying, Tush, the king but babe child, what laws can make
what can his minority Let him have
toast and butter, bread and milk, and that more meeter for him than make laws and
his full and perfect age with the the king's majesty's authority now his young which words the bishop also charged age and his laws and statutes the same
bind obey them; we are obey till past his minority,
That the said articles the lord protector's grace found fault, because article com mandment unto you set forth and declared
statutes,
not bound
and come
hearing
the commissioners, and that because Latimer, time, was omitted, and therefore either imme
the recital the same their presence, was neither them controlled, nor yet caused bring forth the same persons, but was let
diately before you came into the council cham ber, you being present and standing by, commanded the said secretary Smith put
pass silence, saving that the said bishop writing and annex the rest the articles.
did speak against him that behalf, saying, That would detect him, because that, appeared, had long time concealed the
words and not opened the same such place and such persons ought have done, but had kept the persons and sayings them secret, either not taking the matter
That the said secretary Smith, then and there did, immediately upon commandment,
write into the said book paper, wherein the rest the articles were written, the said article; videlicet, You shall also set forth your ser mon, that the authority our royal power (as the truth less authority and
such importance pretended, else there force this our young age, then was any
by unfaithfully behaving himself towards his our predecessors, though the same were much prince, and therefore was worthy with his elder, may appear example Josias and aiders, favourers, and counsellors pu other young kings scripture, and there nished. - fore our subjects less bound the
These vain cavillations ended, the commis obedience our precepts, laws, and statutes, sioners for that day finished their session, assign than we were thirty forty years age. ing the bishop appear that same place That the lord protector did deliver you
again upon Monday then next following, be the book paper, willing first the said secre
tween the hours six and mine, the fore tary Smith amend things had ap WOL.
willed certain things the said book injunc
tions reformed, pointed preach sooner, was appointed unto you three weeks after the date
where were ap your request preach the Sunday
the said writing.
in
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A
601 STATE TRIALS, 3 Low. VI. 1550–Proceedings against Bishop Bunner, [692
pointed. 9. That ye then and there did pro ing that, for the causes afore alledged, their inise to the lord protector's grace, tout ye would master could not appear that time neither. observe and fulfil the said injunctions Whereupon master secretary Smith said unto and articles contained. 10. That things them, My lord London your master hath
accomplishment part the said injunctions realm this the part and commandment, you did preach the first ween we shall have
subject Nay, new Thomas Becket. play these parts
day September last past Paul's Cross. 14. That the said scrinon, contrary your in
junctions, omitted and left out the said arti
cle beginning, Ye shall also set forth your ther To the bishop sermon, &c. and ending, thirty forty years help himself forwards.
the used very housely, and sought delays hither
the said book, put and nientioned
said secretary Smith, and the same
you him, and you first agreeing that
was him written was the lord protec come his answer, feigneth himself sick. tor's appointment, the said book was so deliver But because shall not deceive any
unto you then and there the said secre more, we will send the knight marshal unto tary Smith the council chamber. 11. That him, willing him sick indeed let him you have the said book your possession, alone, for that reasonable excuse; but else know where the true copy whereof not sick, then bring him forthwith effect annexed these articles. 12. That us; for promise you shall not use
were commanded the same injunctions hath done, we will not take his hands: preach the Sunday three weeks after the delivery and therefore master Johnson, said he, you thereof Paul's, and there intreat upon the part trusty servant becometh you, certain articles, specified the said book but also your part shew my lord his
injunction, and especially the said article stubborn heart and disobedience, which doth beginning, Ye shall also set forth, and ending, him more harm than aware What, thirty forty years age. 13. That the thinketh stand with king his own
that cles to touch the and therefore loth to . . .
read to, and now perijaps, perceiving these last arti
how they will take this atter when they hear doubt not. He would make men be
lieve that were called before for preach ing his opinion the sacrament, wherein as
store you did both falsely and naughtily, yea and lewdly, and more than became him, aud more than had commandment do, for was not willed speak that matter, and perhaps may hear more that here aster; but yet we will lay such thing his charge, and therefore we will not have him delay doth. Which ended, the dele gates notwithstanding decreed tarry again for him until two of the clock at afternoon
the next day, being Friday, and the 20th September.
The fifth Action Process the 20th Septem ber, against Honner Bishop London, be
jore the King's Commissioners.
At which day and time the bishop appeared himself personally before them the same chamber presence; where first did exhi bit his Answers unto the last articles ministered
he) promise you, my lord hath dallied The Answer the said Bishop London made
jects bound obey well the laws, statutes,
proclamations, and other ordinances made uow this young age the king's majesty, the
laws, statutes, proclamations, and ordinances made highness's progenitors. ”
These Articles being thus ministered the said bishop London, the next day being
Thursday and the 19th Sept. the forenamed commissioners sat the archbishop's chamber presence Lambeth, attending the coming the bishop London. Before whom there appeared Robert Johnson the bishop's register,
and there did declare unto the commissioners that the bishop his master could not that
time personally appear before them without great danger his bodily health, because that
feared fall into fever reason cold that had taken too much overwatching
himself the last night before, whereby compelled keep his bed: nevertheless,
could without danger his bodily health would appear before them the same day after noon. This cycuse the judges were content
was
take good part. Yet said master secretary unto him the 18th September, the contents Smith, That were sick indeed, the cxcuse whereof hereunder follow.
was reasonable and allowed, but (quoth
with us, azid used hitherto such delays, that we
may mistrust that this but seigned excuse
how beit upon your faithful declaration we are
content tarry until one the clock after London, under mine accustomed protestation moon, and they did, willing Mr. Johnson given unto the articles late ministered and
signify then into then whether the bishop could exhibited against me here appear not. special protestation also, that
this court, with not intend
the said this realm
say cou
At which hour Robert Johnson and Richard any wise make answer Rogers gentlem, the bishop's chamber ap articles, otherwise than the law
any yeared again before the coulinissioners, declar- doth bind me do, nor speak
Let him take heed, for
age. 15. Ye shall also answer whether but the same king who hath made his think and believe that the king's majesty's sub judges, and the bench his council, and
may fortune He may appeal
made shorter the head. think good; but whe Rome may
say cannot appeal
unto the Articles ministered unto him the second time.
“THE Answers me Edmund bishop
to
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603] STATE TRIAIS, 3 Epw. VI. 1550–for opposing Reformation. [60 k trary any thing that my former answers and the subjects bound oboy unto his grace,
have said done; and that
do, not nor shall not will full consent, and that perceive intend revoke
then, and then now,
was messenger, whose name know not, that came unto me Fulham, now remember,
chance me his laws, statutes, and ordinances, and his said with my good authority, well his minority his soon shall majority, not allowing, but expressly condemn
and now ing the opinion rebels holding the con that case re trary. ”
all honest and lawful purposes. —To After this, perceiving that master secretary the first article answer and say, that there Smith was somewhat more quick with him than
voke,
but not remember the day thereof, and
said that my lord protector's grace required law, but ever earnestly urged him direct
me come and speak with him. And thereupon, having made the said messenger
break his fast, repaired the court West
minster, but not upon the tenth day August,
but some other day the said month —To
his matter, and therewithal sometimes sharply rebuking him for his evil and stubborn behaviour towards them he deface his au
thority, thought, did also then exhibit writing Recusation the secretary's Judgment
the second say, that obscure, uncer against him. The form and manner whereof,
tain, and over general, especially those exhibited unto the judges, thought
words the same time, which may referred here also to exhibit unto the reader as herc the tenth August, and then inswer alrea under followeth:
others the commissioners, and that he would not suffer him any longer tially out the mat ter with his vain quidditics and subtilties
made thereunto, and may referred The Recusation the Judgment Sir Thomas
some other day the said inonth Au gust, either before the tenth August, after. And because remaineth undeclared,
Smith, made first time.
the 13ishop London, the
am not bound law answer unto nei
ther yet these words and sentences the
said article, wit, Then, and there, they
without declaration are uncertain, obscuré, wisdom, circumspection, learning, and indiffe and general, and before the specification and
declaration thereof, not bound herein make answer, specially having already made full
and sufficient answer this matter, according the commission, take and accord
rence, that exercising the office and room judge, they may and shall without hatred, malice, grudge against any person convented
called before them, uprightly, sincerely, and duely executing and doing their office unto them any wise committed and forsomuch also judgments and process ought have their due course, and proceed without suspicion corruption any wise, and finally forsomuch very dangerous appear
incompetent
ing unto the law; which also willeth, that
certain answer looked for, the position and
article must before certain. —To the 3d, 4th,
5th, 6th, 7th, 8th, 9th, 10th, 11th, 12th, 13th,
and 14th articles, answereth after one
manner and sort, thus, that doth depend
of the former articles, which for causes judge, who commonly and accustomably aforesaid, saith, not bound law private and unlawful corrupt affection the make answer, especially having already made. one side, and for malice, hatred and envy born —Saving that the 6th, addeth thereunto,
that time heard the lord protector find fault, nor commanded deduced the said article, far doth find. Also sav ing the 7th article, where addeth neverthe less confessing and acknowledging, with heart and mouth, the king's majesty's authority and regal power and minority, well and full
his majority. Also saving the 8th, 9th, 10th, and 11th articles, where addeth, they deduced they are not true, appeareth conferring one with another. --To the 12th and 11th articles, addeth they deduced they are not true; confessing nevertheless the
against the other side, rather serveth his carnal, corrupt, and wilful appetite, than any thing
king's majesty's authority and power regal,
before expressed. —To the 15th article
answereth and saith, That position 'liberty do, yea, hearing most favourably and
law, and that yet both now and heretofore effectually my nouns and enemies with hath made answer thereunto effect and sub both cars any thing that they shall alles-e, stance, appeareth his former answers, and purpose, attempt, do against me, though
shall always according the law and his their persons law are not any wise bounden duty, acknowledging, hath al heard admitted, nor yet their sayings true, ready done, the king's majesty's regal power and not hearing me much with one ear his minority less than majority, my lawful sayings and doings this behalf,
God,
equity, natural reason, and good laws do
the name
Amen. Forsomuch
require that judges shall that integrity,
and make defence before
else moved obedience and keeping good order, law, reason, touching him that
convented and compelled make answer against his will therefore Edinund bishop London, having perceived and felt the say ings, proceedings and doings you Thomas. Smith, knight, one the two principal secre taries the king's majesty, this matter at tempted and noved against ine, that have been, and yet continually are notorious and manifest enemy me the said Edmund, and much offended that should any wise ledge and say, use any such things for my most defence, the law giveth no licence and
in
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695] STATE TRIALS, 3 Edw. VI. 1550–Proceedings agains Bishop Bonner, [696
but contrariwise opening your mouth at large, ye have sundry times against good wisdom and
This Recusation ended, the secretary told him plain, that notwithstanding would proceed his commission, and would still his Judge
reason outraged in words and deeds against
me the said Edmund, saying among other
words, that I did as thieves, murderers, and him further, My lord, whereas you say your traitors are wont to do, being myself as ye un recusation that said, that you did like thieves,
truly did say, inward indeed culpable, and yet
outward otherwise unable to defend the matter
against me, but only by taking exceptions, and
making frivolous allegations against my judges
and commissioners, and that I have been and because you here virtue the king's com au, as sturdy, wilful, and disobedient, as may m
and upholding the rebels and their opinions, must and honour and reverence you; but and that I shall answer by mouth, or else smart but Thomas Smith, and say
like thieves, murderers,
. ission, and for that secretary his ma be in your judgment and opinion, maintaining jesty, and also one his highness's council,
ave said, that Tower, there to and joined with Ket and and traitors, say
and do worse, or else ye will send me to the
Humphrey Arundel the rebels; over and be case defy you, and
sides divers other threatenings and commina fear you not, and therefore, quod facis, fac tory words you pronounced and uttered un tius. --Whereat the archbishop with the other seemly, and far unmeet proceed out the commissioners said unto him, that for such his mouth you that are such room and place unreverent behaviour was worthy imprison
in. -And moreover, increasing your ment. —Then the bishop, more mad fury than malice, evil will and grudge born against me, before, said again unto him, God's name
have amongst other things untruly surmis may facto, send me whither you will, and ed, written, alledged, and said, that certain must obey you, and will, except send book articles and injunctions the lord pro me the devil, for thither will not for tector's grace the full council after certain you. Three things have wit) small por prescribed fashion and form the denuncia tion goods, poor carcass, and mine own tion, commission, and articles, which, facto soul the two first may take, though unjust were induced, brought and objected against you, but for my soul get not, Quia
ine, o
until he were otherwise inhibited; and said unto
murderers, and traitors, indeed said and may and will say again, since we perceive
your doings. --Whereunto the bishop
great and stout rage replied, saying, Well, sir,
upon me, and that
what can me,
was delivered unto
me;
semper. —Well,
and moreover an anima mea manibus meis
evil will and ungodly intent and purpose, con the secretary, then shall know that there trary the truth, have withdrawn, added, king. Yea, sir, saith the bishop, but that
altered, and qualified divers things the same, not you, neither, am sure, will, you take otherwise than they were spoken and done, and upon you. -No, sir, said again the secretary, yet are not ashamed alledge, write, and but we will make you know who and with say, that all true, and one consonant and that the commissioners commanded the bishop agreeable points with the other, where and the rest depart the chamber, until they indeed not and yet have further (de called for him again.
. . facto) against the law, the commis Now the meanwhile that the commission sion you directed, and against my just and ers were consultation, the bishop with Gil lawful allegations and sayings, proceeded un bert Bourne his chaplain, Robert Warnington lawfully and unjustly against me, attempting commissary, and Robert Johnson his regis many things against me unlawfully and un ter, were tarrying quadrant void place, be
justly, appeareth the acts
this fore the door of the same chamber. Where the far forth bishop leaning cupboard, and seeing
Inatter,
they make for me, and expedient
the which do refer me
me, chaplains very sad, said unto them effect and for me alledged, and referred unto followeth Sirs, what mean you why shew
yourself also unlawfully and unjustly (de facto) you yourselves with your colleagues, the which without you had appeareth me
sad and heavy mind,
your outward gestures and
begun the said unatters, proceeding where countenances?
the law ought not have done indeed, you
but abstained therefrom, heretofore sundry his hand upon his breast) for afore God am
good com
joyful
for God's cause, and
all.
roecuse you the said Thon Smith, un But the great matter that grieveth me and
times have alledged, appearing the acts not sad nor heavy, but merry and
this court; upon these just and reasonable fort, and am
glad
my griev
causes, according the order the king's ma trouble, which jesty's ecclesiastical laws, refuse, decline, and eth me nothing
and
this
competent, unmeet, and suspect judge, against pierceth my heart,
nue this behalf, and decline your pretended such other vile heretics and beasts be suffered
jurisdiction this matter for causes aforesaid, and licensed preach Paul's cross, and desiring nothing but justice, and offering myself other places within my diocese and cure, most and ready prove them far am detestably preaching and railing the blessed
jound, and cording the order the king's sacrament the altar, and denying the verity maj. 's coclesiastical laws this realm this be and presence Christ true body and blood hail, time, place, and otherwise shall require. ” there, and infect and betray my flock.
would wish you, and require merry am, (laying the rewith
o:
for that this Hooper and
said
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TRIALS, |. opposing
697] STATE 3 Edw. VI. 1550. —for the Reformation. [698
But I say it is there in very deed, and in that ric aforesaid the benevolence the famous
the revenues the same would permit, and have exercised and done things appertaining
opinion I will live and die, and am ready to
suffer death for the same. Wherefore, ye be
ing Christian men, I do require you and also
charge and command you in the name of God,
and on his behalf, as ye will answer him for the
contrary, that ye go to the mayor of London, bishop and lawful possessor the said bishop and to his brethren the aldermen, praying and ric, and am lawfully called, taken, and reputed also requiring them earnestly in God's name and notoriously and publicly; and moreover keep mine, and for mine own discharge on that be residence and hospitality the same, accord half, that from henceforth, when any such de ing the order, state, person, and dignity, and
testable and abominable preachers (and espe cially those which hold opinion against the
my pastoral office, the laws require, preach unto them, they forthwith depart out of hereafter trust God's grace and ob
blessed sacrament of the altar) do come to
their presence, and do not hear them, lest that serve, man good name and fame, neither they tarrying with such preachers, should not suspended, excommunicated, nor interdicted,
only hurt themselves in receiving their poisoned neither convict any notable crime fact, doctrine, but also give a visage to the encou always obeying readily the commandment ragement of others, which thereby might take the Church, and other my superiors all an occasion to think and believe that their er lawful causes, nevertheless fearing upon cer roneous and damnable doctrine is true and tain probable causes, likely conjectures, threat good: and this efisoons I require and command enings, and assertions certain injurious men you to do. —And then turning himself about, my enemies, the least, such little favour and beholding two of the archbishop's gentle Ine, that great damage may come me here men, which in the same place kept the chamber after about the premises part them; and door where the commissioners were in consul
With this the commissioners called for the
bishop again, who did read unto them in
strument, containing provocation the king, me the protection, tuition, and defence
which made manner and form here follow Ing:
Bishop
“In the name
pear men
An. Dom. 1549, the 20th day September, the 3rd year the reign our most high and renowned prince Edward the 6th, the grace
God king England, France, and Ireland, defender the faith, and earth the supreme head the Church England and Ireland,
chamber within the palace the said bishop,
situated London, and the presence me
the public notary, and the witnesses hereafter
named, the foresaid bishop did personally ap
pear, and there did shew forth writing cer
tain protestation, and appellation, the tenor written, there being present Gilbert Bourne whereof ensueth:
The first Appellation intimated
the premises, and me this behalf.
that will also protest, reform, and
ner
Edmund Bon London.
God, Amen.
this public instrument that
“In the name God, Amen. Edmund Bishop London, say, alledge, and propound before you, being public notary, and these
bert Colen, masters art, John Wakeling and
Richard Rogers learned men, being the dio
Worcester, Westminster, Coventry, Litchfield, and Gloucester, and specially re
shall ap
cese
the foresaid Edinund have attained the bishop quested witnesses the same. And
credible witnesses here present, that although
aw
memory king Henry the 8th, and was
fully same, elected and translated the
with rights and appurtenances, have
long time possessed peaceably and quietly the same, and presently possess, being taken
lest any man any authority, commandment, tation, and perceiving that they had heard denunciation, inquisition, office, the re
his talk, spake unto them also and said, And quest any person persons, may attempt
sirs, my lord Canterbury's gentlemen,
know very well; and therefore also re quire and charge you God's behalf, and
his name, that the like for your parts places where you shall chance see and hear such corrupt and erroneous preachers, and also advertise my lord your master the same, and
these my sayings that have now spoken here before you, are Christian men, and shall answer before God for the contrary.
prejudice hurt me my said dignity, ei ther my excommunication, interdiction, se questration, spoiling, vexing, and perturbing
i.
Edward the 6th the grace
England, France, and these my writings
most
sovereign God, king
any manner
means; mighty prince
appeal unto the
and
our
lord
provoke and appeal his regal majesty.
also require the apostles, much this case they are required, the first, second, and third time, earnestly, more earnestly, and most earnestly all, that there may given
my foresaid most dread sovereign lord, the
me, my dignity and title, and pos
safeguard
session
cleave
that will contented correct,
amend this my present protestation, and the same add, take away, and bring the same into the best form and state that may devised, the counsel learned men,
the case shall require, and the same intimate according time and place, and the order the law, and still shall require. '
“Upon the which things the foresaid Ed mund bishop London did require the public
notary hereunto written make unto him, and the witnesses hereafter named, one, two,
more copies this Protestation. These things were done the year, day, and time above
bachelor divinity, John Harpsfield and Ro
I
or to for of asbe
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do
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699] STATE TRIALS, 3 Edw. VI. 1550–1'roceedings against Bishop Bonner, 700
Francis Harward of the diocese of Worcester Well sir, might have becomed you right well and public notary by the king's regal authority, that my lord's grace here present, being first
forsomuch as I was present when the foresaid commission, and your better, should have done protestation, appellation, and other the premises Then the commissioners assigning him
were done, the year of our Lord, the year of the brought before them Monday next before reign of the king, the day of the month and noon, between seven and nine the clock
i.
the same, therefore to this present public in should not
strument, written faithfully with mine own present break
hand, I have put to my mark, being specially Now the bishop was departing with the requested unto the same. ” under marshal, great fury turned him
lace aforesaid, the witnesses above named the hall that place, there make full answer
and forsomuch as I did inact these
present, articles, why
Which thing after he had read, he did under self again toward the commissioners, and said his protestation first intimate unto the arch sir Thomas Smith; Sir, where have com bishop, the bishop of Rochester, and doctor mitted me prison, shall understand, that May, and then protesting also not to recede will require favour your hands, but shall
from his recusation, did likewise intimate the willingly suffer what shall same unto master secretary Smith, requiring the bolts my heels, yea, and
register to make an instrument as well there upon, as also upon his recusation, with witness to testify the same. —Then the delegates did again proceed to the examination of the last Answers, and finding the same imperfect, they demanded of him (according to the first article) what special day of August he was sent for
by the lord protector: to whom he obstinately
answered; that he was not bound to make ple and therefore require you, as you
other answer than he had already made, unless will answer God and the king, that ye will they did put their articles more certain: nei henceforth abstain thus do, for you do not, ther would he otherwise answer as long as Mr. will accuse you before God and the king's secretary Smith was there present, whom he majesty; answer well can. And had before recused, and therefore would not departed, using many reproachful words recede from his recusation. — The secretary, against sundry the common people, which seeing him so wilful and perverse, said sharply stood and spake him the way went.
else shew cause
declared pro confesso, did for that
that session.
about my middle, where
parting again yet returned once more, and foaming out his poison, said unto the archbishop, well, my lord, am sorry that being bishop
am thus handled more sorry that
your grace's hand but
suffer abominable heretics London and elsewhere,
put unto me, will, irons
will. —Then de
he
unto him, My lord, come off and make a full The sirth Action Process upon Monday the
and perfect answer unto these articles, or else we will take other order with you to your pain. —In faith, sir, then said the bishop again, I
thought ye had been learned, but now before God I perceive well that either ye be not learned indeed, or else ye have forgotten it : for I have so often answered lawfully and suf. ficiently, and have so oft shewed causes suffi cient and reasonable, why thereunto I ought
23rd September, had against Bonner Bishop London, before the Commissioners, the
great Hall Lambeth.
was assigned have heard the fourth act prosecuted the 18th September,
that upon Monday then next following, being
the 23rd day the same month, the bishop should again appear before the commissioners,
Lambeth, then shew should not declared
not by law to be compelled (you shewing no within the great hall thing to the contrary but sensuality and will) final cause why
that I must needs judge that you are too ig pro confesso, upon
norant herein. Well, said Mr. Secretary, ye had not fully answered. —According which will not then otherwise answer? No, said the assignment, the same 23rd day September, bishop, except the law do compel me. Then the bishop was brought before them the un said the secretary, call for the knight marshal, der-marshal (to whom for his disobedient and that he may be had to ward. obstinate behaviour he was before that time
With that all the rest of the commissioners
committed) and there did first declare unto charged the bishop, that he had at that time them, that his appearance that time and sundry ways very outragiously and irreverently place was not voluntary, but coacted, for that behaved himself towards them sitting on the was against his will brought thither by the king's majesty's commission, and especially to keeper the Marshalsea, and therewithal also
wards Thomas Smith
grace's secretary,
under his former protestation, recusation and appeal, did then again intimate general recu sation the commissioners, alledging the
and therefore, and for divers other contume
lious words which had spoken, they declared
they would commit him the Marshalsea. —
By this time the marshal's deputy came before
them, whom Mr. Secretary commanded take
the bishop prisoner, and keep him that man might come unto him, for did,
should him himself. When the secretary had cnded talk, the bishop said unto him,
same, that because the archbishop with all his colleagues had neither observed the order of their commission, neither yet proceeded against
practise they
insecting and disquieting the king's liege peo
the articles whereunto he
him after any laudable good fashion judg ment, but contrarywise had sundry times as well his absence, his presence, attempt
many things unlawfully against his person,
no sit
sir
his by
as
he
in
It of
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:
if he
as
in or
allhe at
or
to
it I in
in ye a
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to
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to
in be in
as ye
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as Iyeifbe to
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by as to do
to
do yeat or
he
so as I
701] STATE TRIALS, 3 Edw. VI. 1550–for opposing Reformation. [702
dignity and state, especially committing him just and lawful causes have refused, recused strait prison, and yet commanding him and declined) have favoured, yea maintained, make answer; and further, because that supported and borne him, his unlawful and with the rest had proceeded commission with evil doings, also refuse, recuse, and decline Thomas Sumith, knight, supporting and main you my said lord with the rest your said col
taining his evil doings (notwithstanding that leagues agreeing and joining with you, and
the said bishop had before justly recused except against your proceedings, doings and
and declined from him) therefore did also jurisdiction there refuse and decline from the judgment persons
the said archbishop and his colleagues, and did further
suspect, and thereby unmeet proceed herein against me. —And alledge, that having been provoked except against their jurisdiction suspect, and the king's most excellent majesty, appear they thereby unmeet persons proceed against eth the tenor my provocation, remaining
him; therefore, according his former appeal, your acts, whereunto protest that in he intended submit himself under the tui tend adhere and cleave, submitting myself tion, protection, and defence the king's ma unto the tuition, protection, and defence his jesty; for whose honour and reverence sake said majesty this behalf, anywise ought (he said) they ought not proceed any further not regard the person and authority against him, but quietly suffer him use the his grace's royal power, ought do) pro benefit the recusations, provocations, ceed herein against me, especially for the ho and other lawful remedies before alledged, with nour and reverence ought have unto his
other superduous words, and seen followeth
The second Recusation made
Bishop
large read
majesty this behalf. And because ap peareth that not duely and circumspectly
Edmund Bonner London.
consider the same, ought do, but more and more grieve me; that considered, both here, purposes repeat my former re cusation, provocation, and other remedies that heretofore have used and mentioned in your said acts; And also these presents refuse, recuse, and decline you my said lord, and your said colleagues, and your jurisdiction, upon causes aforesaid, offering myself prompt. and ready prove the same, afore an arbiter and arbiters, according the tenor and form the law herein chosen requiring you all, for that honour and reverence ought
at
the name God, Amen.
Forasmuch good policies laws, especially this realm England,
admit and suffer him that convented before uncompetent and suspect judge, refuse him and decline his jurisdiction, much
both natural reason and
law and reason the one side willeth pro
cess run uprightly and justly, and that other side corruption and malice laboureth
the
bri
the contrary, and needeth therefore
dled; and because my lord Canterbury
with your colleagues this behalf (deputed
ye say commissioners against me) neither have
observed your said commission, neither yet pro tempted done, any thing any wise against ceeded hitherto against me after any laudable, Ine, unto my prejudice, but suffer me use lawful, any good fashion judgment, but and enjoy the benefit my said former and this
contrariwise, contrary your commission, and against the law, good reason and order, have sundry times, and sundry acts attempted and done many things against me unlawfully, unseemly, and unjustly, and suffer the like
attempted and done other, not reforming
and amending the same, appeareth divers grief and hurt that behalf, and that not only and sundry things remaining your acts. — intend appeal from you, but also, ac And moreover, because you my said lord with cording the king's ecclesiastical laws, ac your said colleagues, have both
sence, being with just causes
which according the laws
have fully alledged, and very sufficiently and mer appellation, the archbishop with the rest
justly proved according the order the told him plain that they would still his king's ecclesiastical laws, injuriously, and much judges, and proceed against him according
the hindcrauce my name, person, title, dignitv, and state, and also otherwise, specially my presence, against laws, good order,
the king's commission, until they did receive supersedeas, which did obtain, they
would gladly obey. —Then the bishop, seeing that they would still proceed against him, did there likewise intimate another Appellation
mine ab impediment
cuse and complain upon you, justly and truly both may and ought do. ”
this realm
Notwithstanding these Recusations, and for
and reason, without good cause ground, at
tempted and done many things against me, es
pecially touching mine imprisonment, sending unto the king's majesty, expressing therein me straight ward, and yet commanding me
make answer, appeareth your unlawful
effect other matter, but such already alledged the two former Recusations and Ap peal; saving that requireth, that letters di
acts. -I for these causes, and also for that
said ord and your said colleagues proceed missories appellatories might given hitn
ing with Thomas Smith, knight (whom upon according the law, and that for his better.
bear our said sovereign lord, and his laws
allowed and approved this behalf, that not attempt do, nor yet suffer
recusation, provocation, allegation, and other lawful remedies inentioned your said acts. And case facto, where ought not
jure attempt suffer any thing at tempted done against me any wise herein, protest herewith, and hereby, my great
sir
or
to
of all
-
In to v
in to
be
as an as“ IN
he sir to all
be
as
as of ye
ye
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II
to at as to de to
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of
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he
or de as ifofinallyeye I
the
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to
to
a
in to
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to asI
to in in in be do all ye ye do in
of
in
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on
:
of
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to
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all
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it
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all by at to of to
703] STATE TRIALS, 3 Epw. 1590–Proceedings against Bishop Bonner, [704
safeguard did submit himself under the good rest, godliness, and prosperity, Written protection the king. —The commissioners for haste, this Monday morning, the 16th
all this stuck still unto their commission, and Sept. 1549. Your faithful beadsman and poor would not any case defer, but urged him bishop, Edmund Bonner. ”
straitly make more full answer his ar This Letter being read, the secretary de
ticles than had done. To whom the bishop manded of him whether he wrote not. To
said, that would stand unto his recusations whom would not otherwise answer, but that and appellations before made, and would not he would sell adhere and stand unto his former
make other answer. Then the delegates de recusations and appeals. Which the commis manded him what cause had alledge, sioners seeing, determined continue this case why ought not declared pro confesso state was until Friday then next follow upon the articles whereunto had not fully ing, between the hours eight and nine the answered, the bishop still answering (as be clock before noon, assigning the bishop
fore) that would adhere unto appella there the same time and place, then hear tion and recusation. Whereupon the archbi final decree this matter, still protesting shop, with consent the rest, seeing his per as before.
timacy pronounced him contumar, and pain The seventh Session Appearance Bonner
thereof declared him pro confesso, upon the upon Tuesday
Articles which he had not answered. This King's the 1st
October, Lambeth.
before the
done, master secretary Smith shewed forth Letter which the bishop London had before that time sent unto the lord mayor and the al
Commissioners
dermen the city London, the tenor where mission according their appointment, but
of ensueth as followeth.
deferred until Tuesday the first October then next following. Upon which day the bi shop appearing before them, the archbishop de clared unto him, that although upon Friday
decree and sentence this matter, yet forso
what list, teaching you detestably, that faith this behalf must not be coacted, but that
the mean while have acknowledged his fault, and have been contented make some part amends submitting himself according his
every man may believe
whereof, my presence might o duty,
lest
some have been seen
will reuson
and silence unto bounden should have found much
have allowed their he doctrine, given them,
favour;
sore and extreme
retical and betraying my flock
credit unto the Catholic sort,
orn .
against him,
was like
know departed yesterday from the heretic
now be, for which they were very sorry, es see the continuance of such stub
prater's charity, uncharitable and
disobedience, whereby they
could have Catholic should have done, leaving those there with him that already cast away, and will not re covered. For you, tarrying with him still, shall
not only hurt yourselves receiving his poi
soned doctrine, but also shall give visage that
their doctrine tolerable reason that are
content hear and say nothing against
And because cannot tell when shall speak prisoner his keeper, one the Marshal with you advertise you hereof, therefore sey, here before you my lord Canterbury and thought good for mine own discharge and yours, your pretended colleagues, under my former thus much write unto you, requiring and protestations heretofore
wished that you and other that
im.
enforced
were then give such sentence against
praying you again and again God's behalf, you and remaining
and for mine own discharge, that suffer not this my presence here
yourselves abused with such naughty tary, nor mine own free will and consent, preachers and teachers, hearing their evil but utterly coacted and against my will, and doctrine that shall perceive them about that being otherwise sent for brought before
sow. And thus our blessed Lord long and you than am (that prisoner) would not, well preserve you with this noble city being liberty, have come and appeared before
Upon Friday the commissioners, for divers
urgent causes letting them, did not com
Bonner's Letter men
the Lord Mayor and Alder London.
“To the right honourab my very good
they appointed pronounce
last had their final
le
London, with his
i.
and
dear and worship much they thought that that sentence, al
lord the lord mayor
worshipful brethren, my
ful friends, with speed: R with
iny very humble recommendations; where
have perceived late, and heard with mine only deferred the same until this day, but mind ears, what vile beasts and heretics have preach ing more friendly him then was
unto you, rather like themselves prated himself, and use more easy, and gentle refor and railed against the most blessed sacrament mation towards him, had also made such suit the altar, denying the verity and presence and means for him, that although had grie Christ's true body and blood there, vously offended the king's majesty, and very giving you and the people liberty believe disobediently behaved himself, yet would
ig
ht honourable,
though they just had
give
have been very sore against him, they had not
cause
should
the sentence should not have been
l
The Bishop nothing regarding this gen
and friendly admonition and favour, but per sisting still his wonted contumacy, drew forth Paper, whereon read these words follow
ing
“I Edmund bishop London brought
me made before your act, declare that this time not volun
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705] STATE TRIALS, 3 Edw. VI. 1550–for opposing Reformation. [706
you, but would have declined and refused that matter; pronouncing him contumacem make any appearance all, and would have unreasonably without good cause, and further
absented myself from you, lawfully and well assigning the term audiendum finale de might have done, standing using and en cretum, and committing him straight
joying and singular my lawful remedies and prison, appeareth their acts. Therefore defences heretofore used, exercised and enjoy did not only abundanti, omnen juris ed, especially my provocation, and appellation cautelam, decline and refuse their pretended heretofore interponed and made unto the king's jurisdiction before, but also these presents most excellent majesty, whom estsoons, here shewed did appeal from the said arch abundant, have both provoked and appealed, bishop Canterbury, and the rest, unto the
and also made supplication, appeareth these writings, which, under protestation afore
king's majesty, asking also those letters ap peal which the law doth admit, saying, did not intend from his former provocations and appellations, but join and cleave unto them every part and parcel, submitting him self the protection and defence the king's majesty; and therein made intimation
said,
do exhibit and leave here with the ac
tuary this cause, requiring him make
instrument thereupon, and the persons here
present bear record that behalt; espe cially the intent may appear, better acknowledge the king's majesty's authority even
his tender and young age, provoking and appealing his majesty, my most gracious
sovereign and supreme head with submission
his highness (as appeareth my appellation
and other remedies) for my tuition and defence,
then othersome mean you my lord Canterbury and your said pretended colleagues)
which law and good reason ought have deferred and given place unto such provoca tion, appellation, and supplication, hereto fore lawfully have been me interponed, and made unto his majesty's most royal person and
sovereign authority this behalf. ”
As soon the bishop had read these words,
he did deliver well that paper also two
other, unto the actuary, the one containing
Appellation, and the other Supplication, unto
the king's majesty; which Appellation beginneth
thus: the name God, Amen. Wherein
first shewed how naturally every creature Paul's, also well from their unjust in declineth gladly from that thing which goeth terlocutory, also their definitive sentence, about hurt and also seeketh help and re whereby law onght have liberty come medy withstand such hurts and injuries. abroad and prosecute the same, yet such the Further shewed that found experi malignity the judges against me, with bear ence hurtful and dangerous trust him ing and maintenance other which sundry that once hath hurt and beguiled, lest might and many ways have sought Iny run and add more, rather than take ought from. destruction, that am here penned and locked IMoreover he shewed, that he had found here up, used very extremely their pleasure, and tofore the hauds the archbishop Can for the contentation the said master Smith, terbury and the rest the colleagues this not suffered find sureties, abroad matter, much extremity and cruelty, injuries, prosecute and sue my said appellation. losses, and griefs, contrary God's law, and consideration whereof, may please your said
the archbishop
colleagues,
Canterbury, and his said
intents and purposes that Furthermore, touching
might come thereof.
the supplication above mentioned, which Bon
ner (as we said) put writing the Com
missioners, the copy thereof hereunder likewise ensueth
The Supplication Bonner the Chancellor.
England, with all the rest the Privy Council.
“PLEASE your most honourable good lord ships, with my most humble recommendations,
understand, that albeit have according
the laws and statutes this realin, and against justice, charity and good order, being well as sured they were not stayed but proceeded, they would add more evil evil, loss loss, displeasure displeasure, (said he] their
servants have reported, and they agreeably
shew the same. Again the said appeal without further extending my letter therein, shewed that the bishop Canterbury and the considering that your great wisdoms, experi
good lordships take some order and redress herein, especially for that now the time that the king's subsidy, now due, ought
called upon, and justice also ministered unto his majesty's subjects, which being now
ence, and goodness can gather little, what expedient and necessary for the whole,
beseech Almighty God preserve and keep they have not done (said he that they have well your honourable good lordships. Writ not given place his provocations and appella ten haste this 7th October, 1549, the tions heretofore made unto his grace, justly Marshalsea. Your honourable lordships poor and lawfully, and upon good and just causes, orator, and most bounden beadsman, Edmund
namely, for the unjust grief, they did against London. ”
him, which said appear the acts These things ended, the archbishop said unto
other commissioners ought have considered and done better that matter for honour and
obedience the king's majesty, which hitherto
vol.
the laws, statutes, and ordinances this realm made supplication, provocation, and appella tion unto the king's most excellent majesty,
from the unlawful and wicked process the archbishop Canterbury, the bishop Ro chester, master secretary Smith, and the dean
am, cannot suffered do. And thus
i.
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707] STATE TRIALS, 3 Edw. VI. 1550–Proceedings against Bishop Bonner, [70s
him. My lord, where you say that you come from the bishopric London, and further
coacted, or else you would not have appeared, I do much marvel of you. For you would
thereby make us and this audience here be lieve that because you are a prisoner, ye ought not therefore to answer. Which if it were
the same appeareth, tenor followeth
Sententia deprivationis lata contra Edmundum London. Episcopum.
“IN Dei nomine, Amen. Nos Thomas mi true, it were enough to confound the whole seratione divina Cantuar. Archiepiscop. totius
state of this realm. For I dare say, that of the Angliae Primas Metropolitanus, Nicholaus greatest prisoners and rebels that ever your eaden miseratione Roffensis Episcopus, Tho keeper there (meaning the under-marshal) hath mas Sinith miles, illustrissimi Christo prin had under him, he cannot shew ne one that cipis Domini nostri Domini Edwardi sexti, hath used such defence as you have here done. Dei gratia, Angliae, Francia, Hybernia. Re —Well (quoth the bishop) if my keeper were gis, fidei defensoris,
learned in the laws, I could shew bim my mind Anglicanae supremi
therein. Well, said the archbishop, I have principalium alter,
read over the laws well you, but Civilis Doctor, Ecclesiae Cathedralis divi Pauli another end and purpose than you did, and yet decanus, dicti illustrissimi principis, do
can find such privilege this matter. Then master secretary Smith did very sore burthen and charge him, how disobediently and rebel
liously had always behaved himself towards the king's majesty and authority. Where
upon, the bishop under protestation answered again, That was the king's majesty's lawful and true subject, and did acknowledge his highness his gracious sovereign lord, else would not have appealed unto him
mini nostris regis, infra scripta, una cum eximio viro domino Wilhelmo Petro Mulite, ejusdem serenissimae regiae majestatis etian Secretariorum principalium altero, Commis sarii sive Judices delegati cum ista clausa, vide licet, Deputamus vos quinque, quatuor vel tres vestrüm, &c. Recte legitime deputati con trate Edmundum permissione divina London. Episcopum causa causis, literis Com missionalibus dictae serenissimae Regiae Majes
terris Ecclesia capitis, Secretariorum Wilhelmus May, Juris
did, yea, and would gladly lay his hands and tatis express. specificat. rite legitime pro
his neck also under his grace's feet, and there cedentes judicialiter inquirentes, auditisque
fore desired that his highness's laws and jus per nos intellectis primo examine debit. tice might ministered unto him. —Yea, mature discussis meritis circumstantiis causae
quoth master secretary, you say well my lord, causarum inquisitionis ejusmodi, servatisque but pray you what other hath these rebels ulterius per nos jure hac parte servandis both Norfolk, Devonshire, and Cornwall, and praesentia tui Episcopi antedicti, judicialiter
other places done Have they not said thus? coram nobis constituti, protestantis coac We the king's true subjects, we acknow tione, casteris, prout ultima protesta
ledge him for our king, and we will obey his laws, with such like; and yet when either com mandment, letter, pardon was brought unto
tione hodie per facta continetur, definitio nem causae causarum hujusmodi, prolation em
que sententiae, nostrae sive nostri finalis decreti, super eisdem ferendam sic duximus proceden duin, procedimus hunc qui sequitur mo– dum. Quia tam per acta inactitata, deducta,
them from his majesty, they believed not,
but said was forged and made under hedge,
and was gentlemen's doings, that indeed they
neither would nor did obey any thing. —Ah proposita, exhibita, allegata, probata, pariter sir, said the bishop, perceive your meaning; confessata causa causis hujustmodi, fac
who should say that the bishop London ta, habita justa, quam per confessionem tuam rebel like them. Yea, my troth, quoth propriam, factique notorietatem, alia legiti
the secretary. Whereat the people laughed. Then the dean Paul's said unto him, That
marvelled much, and was very sorry see him untractable, that would not suffer the judges speak. To whom the bishop dis dainfully answered; Well,Inaster dean, you must
deal more other such stubborn and contemp habitis, tam eas honestares tua praesentia. tuous talk and behaviour towards theim. Which quam possis eos accusare, (si qui male ibi
the commissioners weighing, and perceiving dem concionarentur) te tainen contra non so likelihood any tractable reason him, de lum abusse, sed etian scriptis literis, Majorera
say somewhat. And likewise another time the dean was speaking, interrupted him
batos Ecclesiae ritus hoc regno sequerentur,
quibus rebus tua Diocesis Londinensis, praeci and said, You may speak when your turn com pue erat infamata, inquireres, teque facere eth. Then said secretary Smith, would you omnino neglexisse: Item expresse tibi per Re knew your duty. would quoth again, gian Majestatem prescriptum fuisse, utipse you knew well with infinite Episcopus adesses concionibus crucem Pauli
termined that the archbishop, with their whole London. Aldermannos, inde recederent consent, should that present there openly admonuisse exhortatum fuisse: Item, inter read and publish their final decree sentence alia quoque per Regiam Majestatem tibii
definitive against him. Which did, pro juncta mandatis tibi datum suisse, quod ar nouncing him thereby be clean deprived ticulum queudalu, statum reipublica, tune per
ma documenta, evidentem invenimus, corn pertum habemus praefatum Episcopum Lon
don. inter castera, pro meliori officii tui pasto ralis administratione, mandatis habusse, ut
his qui duas aut tres uxores maritos unum haberent, aut qui externos non pro
to
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709] STATE TRIALS, 3 Edw. VI. 1550–for opposing Reformation.
niciossima rebellione proditorum contra illum ar next and immediately under God here
ticulum sentientium gravissime perturbatae prae supreme head, and unto his court
cipue concernent, propterea supremum,neces parliament, the laws, statutes, and ordi sarium, specialiter tibi injunctum, videlicet;” nances this realm will suffer and hear this ‘'Ye shall also set forth your sermon, that behalf, desiring instantly first, second and third,
“our authority our royal power
truth according the laws, letters, reverential
“it less authority and force
“younger age, than and was any our this behalf, with things expedient, requi “predecessors, though the same were much site, necessary any wise; and thereupon “elder, may appear example Josias
‘and other young kings scripture. And
“therefore our subjects less bound
‘to the obedience our precepts, laws and
“statutes, than we were thirty forty years
age. '—Apud crucem sive suggestum Divi
this our dimissories, given and delivered unto ine
parte pre
fixo, limitato publica tua concione, tunc ter, and thereupon will defer not defer his
Pauli London. certo die tibi
the king's majesty what done this mat
ibidem populo recitares, explicares, teque modo forma praemissa eundem articulum juxta mandatum, officii tui debitum recitare explicare minime curasse, sed contumaciter
his grace's pleasure given then this, the said bishop
inobedienter omisisse, maximum Regiæ
Majestatis contemptum, ejus regni praju my imprisonment? Will keep me still
dicium non modicum, necnon subditorum suorum malum perniciosum exemplum, con tumacianque inobedientiam multiplicem tam
hac nostra inquisitione, quam alias perpe
trasse, commisisse contraxisse; Idcirco nos
Thomas Cantuariensis Archiepiscopus Primas Metropolitanus, judexque delegatus antedic
prison Shall not now liberty pro
secute mine appeal? To whom the Archbishop answering, said, That they perceived now nore
that matter than they did the first, and that this matter more greater rebellion then aware and therefore said that yet
they would not discharge him, and thereupon they committed him again his keeper pri son. ”
also the said bishop required the public notary actuary, William Say, make instru
lood
ment, and the witness and other
pre
sent record the same. To whom appeal ing, and requiring afore, the said Judges de legate said, that they will declare and signify
said appellation, according
and commandment shall
that behalf, and after
London said them, Jan functi estis officio. What will your grace with me now, touching
[710
earth, chancery
tus, Christi nomine primitus invocato, ipsum
solum Deum oculis nostris praeponentes,
cum expresso consensu pariter assensu Col This talk finished, the Archbishop consider legarum nostrorum praedictorum una nobiscum ing that most the audience there present assidentium, deque cum concilio Jurisperito did not understand the meaning the sentence
rum, cum quibus communicavinus hac parte, Te Edmundum London. Episcopum antedictum tuo Episcopatu London. una cum suis juribus pertinentibus commoditatibus,
being read the Latin tongue, said them, Because there many you here that under stand not the Latin tongue, and cannot tell what judgment bath been here given, shall therefore shew you the effect thereof; and therewith did declare English the causes ex pressed the sentence, adding thereunto these
quibuscunque deprivan
carteris emolumentis
dum prorsus amovendum fore jure de bere, pronunciamus, decerninus declaramus,
prout per praesentes sic deprivamus amove words: “Because my lord London found
mus per hanc nostram sententiam definitivain, sive hoc nostrum finale decretum, quam sive quod serimus promulgamus scriptis. ”
Which ended, the Bishop immediately did therefrom appeal word mouth, alledging, that the same sentence there given against him, was ler nulla. The tenour whose words
thought here express, according they were him uttered, this wise followeth
guilty these matters, therefore we have here our sentence deprived him our bishopric London; and this we shew unto you the
intent that from henceforth shall not esteem him any more bishop London. ' Then Bon ner desired the archbishop declare likewise what had done, and how had appealed. But the other, seeing his froward contempt, re fused saying, You may yourself. Whereupon very disdainfully again said, Jam
“I
bishop London, brought
and kept here prisoner against consent functi estis officio. What will your grace do
Edmund
and will, under my former protestation heretofore made, and the intent may also
appear, that have not, being here this place, consented nor agreed any thing done against me and my prejudice, alledge and say that this sentence given here against me,
ler nulla and forth be aliqua, say iniqua
with me touching my imprisonment? Will you keep me still prison —To whom the com
missioners answered, that they perceived now more the matter than they did before, and that his behaviour was more greater rebellion
was aware and therefore they would not discharge him, but committed him again his keeper kept prison. Where most
justly remained until the death that most wor
therefore from
shall appear injusta, and that injusta, appeal
iniqua
the most excellent and noble king Edward thy and godly prince king Edward 6th. After
the 6th, the grace God, king England, which time wrought most horrible mischief
France, and Ireland, defender the faith, and and cruelties against the saints God, ap the Church England and also Ireland, peareth eatter throughout the whole reign
ofto
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711] STATE TRIALS, 3 Edw. VI. 1590–Proceeding: against Bishop Bonner, 7 12
of queen Mary. From the executing of the against me the said persons. And your
which like tyranny the Lord of his great mercy said lordships, over and besides the furtherance
keep other such, amen. justice many ways Now, immediately after his deprivation, and the collection
writeth out the Marshalsea other letters sup sidy now levied
rein me and other, the king's majesty's sub
the clergy my dio plicatory unto the lord chancellor, and the rest cese, which hitherto hath been and stayed
the king's council. Wherein thus com reason the premises, shall also bind me plaineth, that reason the great enunity most greatly and intirely pray daily for the that the duke of Somerset and sir Thomas good preservation your said most honourable Smith bear unto him, his often and earnest good lordships honour, felicity, and joy, suits unto the king and his council could not long continue and endure unto God's plea heard. He therefore most humbly desireth sure. Writtch the Marshalsea, the 20th their lordships, for the causes aforesaid,
tain Supplication, conceived and directed king's unajesty, out the said prison Marshalsea.
the the
him hath, and shall be, was his father before. Then he declared how he had been
belied evil men, and misreported not bear true heart bis grace, but rebellious mind, denying his royal power his minority, where indeed saith, his grace should find
him always during life both heart, word, and decd and acknowledge otherwise, and
most willing shew, &c. and
other things for his grace, willingly any
other subject, those that were his de nouncers, who thought were not sent his grace, but pretended commissioners, &c. Fur ther, complained his denunciation cer tain commissioners, who said they were sent
his grace, alledging the same not lawful; and his long and sharp imprisonment, and that the commissioners observed neither law nor
con October, 1549. Your lordships most faithful prose and assured beadsman, Edmund London. ”
sider him, and him have liberty
cute his matter before them, and
daily pray for the good preservation
honours, appeareth the words
Supplication hereunder following. —Thus after
the commissioners had finished with Bonner, the which Supplication, first after the used
being now prisoner the Marshalsea, leav form stile, prayed for the prosperous
ing shift the law unsought how work estate the king long reign. Then for himself well might, drew out cer shewed that his faithful heart and service
would their his own
Supplication made and directed Edmund Bonner, late Bishop London, the King's
Majesty, out the Prison the Marshalsea.
the right honourable, my Lord Chancellor England, with all the rest the most ho mourable Privy Council.
“PLEASE your most honourable good lord ships with my most humble commendations understand, that albeit heretofore have made
such suit, and such persons cannot de vise make more, more higher, that
wit, the king's most excellent majesty,
and his most gracious persons divers sorts,
and also unto your most honourable good lord ships being privy council, for redress
such notable and manifest injuries and extre mities have been contrary law, honesty,
and good reason inflicted ipon me my lord Canterbury, my lord Rochester, doctor
reasonable order, but extremity. And where had made appeal his grace, and could Smith, and doctor May yet because the said not have it; desired have law prosecute
doctor Smith being minister the duke and sue his appeal for his remedy, and that he, Souyerset, and they both my deadly enemies, considering his vocation, might not shut hath sundry ways studied and laboured my ruin and put from liberty, which his meanest sub and destruction, staying and letting heretofore jects have. —Then desired his grace's letters
my lawful remedies and suits, having therein supersedeus against the commissioners, and help and furtherance these two other afore that the matter might heard before the said persons, being ready foot and hand council, and then doubted not but accomplish their desires and pleasures, found true faithful man, and herein have shall this present, having for time forborn wrong. the end concluded, this,
trouble (for good respects) your most honour prostrating himself even the very ground, able good lordships with any my suits, and and humbly kissing grace's feet, the especially for your other manifold great affairs only thing which humbly desired, &c.
the king's majesty's business, myself yet, the mean while, neither wanting good will, nor yet
just cause (being where am) make such suit, renew my suit, and most humbly beseech your most honourable good lordships give
ine leave make most humble supplication again your said lordships, for honest and
lawful liberty prosecute my appellation and
supplication heretofore made the king's most excellent maj sty, and according the law make my suit for redress the said great and manifest injuries, extremities, and wrongs done
This done, and the Supplication perused, the
king estsoons giveth
ment certain men
and persons skilful
lord Rich high chancellor, the lord treasurer, the lord marquis Dorset, the bishop Ely, lord Wentworth, Anthony Wingfield, William Harbert, knts. Dr. Rich, Wootton, Edw. Montague lord chief justice, John Baker, knt. with judge Hales, John Gosnold, Dr. Oliver, and also Dr. Layson, that they scanning and perusing such acts, matters,
-
charge and command honour and worship, the law, the
-
at to no
to asto as
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713] STATE TRIALS, Edw. VI. 1550–for opposing Reformation. [714
and monuments of the said Bonner by him ex soons, after diligent discussion and considerate hibited, produced, propounded, and alleged, advisement had and singular the pre
with and singular his Protestations, Recusa mises gave their resolute answer that the pre tions, and Appellations, should upon mature tended appellation Edmund Bonner afore consideration thereof give their direct answer said was naught and unreasonable, and no upon the same, whether the Appellation the wise referred unto, and that the sentence said Bonner were deferred unto, whether was rightly and justly pronounced. And this the Sentence defined against him stood the was the conclusion Bonner's whole matter law sufficient and effectual, not. Who eft and Deprivation. *
“Queen Mary sooner ascended the his person Bonner was fat and corpulent, his throne, than Bonner was restored his ho character was ferocious and vindictive, his nours, and made President the Convocation knowledge divinity was not extensive, but instead Cranmer now disgraced. his neo was well versed politics and canon law. office displayed the native ferocity his He wrote some tracts now deservedly for character. He not only dismissed and excom gotten. ” Lempriere.
municated several the clergy, but com the first edition Fox's Acts and mitted some hundreds the flames for not re Monuments, there wooden print Bon
nouncing the doctrines the Reformation, and ner the act whipping Thomas Hinshawe. every accusation shewed himself the worthy Sir John Harrington tells us, that “when Bon
ner was shewn this print the book Mar tyrs purpose vex him, laughed
saying, vengeance the fool, how could
get my picture drawn right. ’ This man, whom nature seems have designed for executioner, was ecclesiastical judge the reign Mary. He reported have con demned less than 200 innocent persons
10th year his confinement, 5th September
1569, and was excommunicated, his body
was privately buried midnight St. George's
church-yard, Southwark, that public cere
mony might not draw more strongly the indig but empty bowels. ' He died the Mar nation the populace against his remains. shalsea, the 5th Sept. 1569. ” Grainger.
46. Proceedings against Sir JAMES HALEs, Justice the Court Common Pleas, for his conduct the Assizes Kent:
Mary, Tracts,
minister bloody reign. On the death Mary paid respects the new queen,
but Elizabeth turned away from man stained with the blood suffering innocence, and the
bigoted ecclesiastic soon after, when summoned before the Council, refused take the oaths allegiance, and was again deprived his bishopric, and imprisoned. He died about the
the flames; and have caused great numbers suffer imprisonment, racks, and tortures.
*
He was remarkably fat and corpulent; which made one say him, ‘that was full guts,
1553. Fox's Acts and Monum. 19. Somers' coll. vol. 95. ]
MR. Fox introduces this short but interesting
life queen Mary's cause, that would
procedure thus: The first day
was crowned the same month
October 1553, queen Mary Westminster, and the 10th
October then following began
not subscribe the uninheriting the king's will, yet that did
her quarter
the parliament with solemn mass the Holy
Ghost, after the popish manner, celebrated with was imprisoned the Marshalsea, Counter,
great pomp the palace Westminster. and Fleet, and cruelly handled and put Mass being done, the queen, accompanied fear talk that the Warden the Fleet used
with the estates the realm, was brought into
the parliament house, there according the
manner enter and begin the consultation,
which consultation parliament were repealed
all statutes onade the time king Henry the
8th for Premunire, and statutes made king
Edward the 6th's time for Administration of but after that he never rested till he hai Common Prayer and the Sacrament the Eng drowned himself river, half mile from his lish tongue. And such would stick the house Kent.
laws made king Edward's time, till others The CoMMUNICATION between the Lord Chan
should established, some them were marked, and some presently apprehended. Among whom James Hales, knight Kent, and justice the common pleas, was one; who notwithstanding had ventured his
sessions give charge upon the statutes made
the time king Henry the 8th and Edward the 6th, the supremacy and religion,
have his hearing, such torinents were preparing for heretics, (or for what other cause God knoweth) that sought rid him
self out this life wounding himself with knife; and afterward was contented say as they willed him: whereupon was discharged
(Stephen
ter) and Judge Hales, being there among other Judges, take his Oath Westminster
cellor
Hall, Oct. 1553.