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VI.

1549.

III. Item, Whether the said witnesses, or any of them were present at my Edward last sermon made at Paul's cross: where they then stood, by whom, when they came to it, and at what part of the said sermon: how long they tarried thereat, A.D. at what part thereof or in all they were offended: what were the formal words, or at the leastwise in substance, that I, the said bishop, then uttered, or wherewith they were offended, and by what occasion: and who with him or them did hear it, and in what place their contests did stand; how long they tarried, and at what part they came thither or departed thence. Et interrogetur ut supra. IV. Item, Whether the said witnesses or any of them were desired or required, by any person or persons, to be witness in this matter; and by whom, when, where, and how the same was done, and in whose presence. Et interrogetur ut supra.

V. Item, Whether they or any of them had consulted with others to come unto my sermon, for what purpose, by whom they were induced and moved, and how they agreed; and what they did after my said sermon for the impugnation or depraving thereof. Et interrogetur ut supra.

VI. Item, Whether they or any of them have been or be conversant or familiar with any that hath been known, noted, or reputed for a sacramentary, in denying the verity of Christ's true and corporal presence in the sacrament of the altar; and whether he and they detest and abhor and abstain from the company of all such persons as be known, noted, or suspected for sacramentaries in that behalf, and what opinion he and they have with their contests touching the said presence. Et interrogetur ut supra.

VII. Item, Whether they or any of them have wished me, the said bishop, to be deprived or put in prison; and whether they or any of them have reported and said that I shall be deprived or imprisoned, rejoicing thereof; and for what cause they have so wished or reported, or any of their contests. Et interrogetur ut supra.

VIII. Item, Whether they or any of them have been in times past a friar, preacher, minorite, Augustine, or Carmelite, monk, canon, observant, or religious person, professing solemnly poverty, chastity, and obedience, according to the laws, customs, or ordinances of this realm, then used and observed. Et interrogetur ut supra.

IX. Item, Whether they or any of them, being so professed, have been, or be since that time, married to any person; having likewise or otherwise been professed or loose, or been a widower; and how oft they have been married, and whether any of their wives be yet alive. Et interrogetur ut supra.

X. Item, Whether they or any of them have read the commission in this matter, and whether they or any of them do know or think, that the commission, injunctions, articles, and denunciation, do agree together or no and wherein they think or know discrepancies or diversities to be between them in this behalf. Et interrogetur ut supra.

second

XI. Item, If they, or any of them do depose, that I have not sincerely and Concernwholly declared as is contained in the second article, let him and every of them ing the be examined, in virtue of their oath, how they do know it, and by what means; article. declaring whom they think to have knowledge therein with them. Et interrogetur ut supra.

fourth.

XII. Item, If they or any of them do depose that I have transgressed and Concernoffended in the fourth article beginning thus: Item, That ye have not de- ing the clared,' &c. let them and every of them be examined, in virtue of their oath, whether they know that these words following, as matins, masses, now said after that sort in this realm, were and be put in the injunction pretended to be ministered unto me, the said bishop, or no. Et interrogetur ut supra.

fifth.

XIII. Item, If they or any of them do depose that I have transgressed and Concernoffended touching the fifth article, let them and every of them be examined, in ing the virtue of their oath, whether the injunctions pretended in this behalf were signed with the king's usual signet, or other at all; whether it was sealed with any seal: whether it was subscribed by the lord protector's grace, or any of the privy council: whether it was in full council sitting delivered unto me by the lord protector: whether it was delivered to me, the rest of the king's majesty's privy council there then sitting: whether on the said days as is contained in the fifth article by whom it was written, when, and where. Et interrogetur ut supra.

Edward

VI.

A. D.

1549.

Concern

seventh.

XIV. Item, If they or any of them depose, that I do defend the opinion of the rebels, let them be examined, and every of them, what rebels they be, what is their opinion, and how the law of this realm doth determine therein, declaring by what words and facts I, the said bishop, did speak and do; and at what time and place, and in whose presence such words or acts were spoken or done. Et interrogetur ut supra.

XV. Item, If they or any of them do depose, that I know, or have heard ing the say credibly, that since the time of the said pretensed injunctions, certain persons within my diocese have heard, been at, or celebrated mass or evensong in the Latin tongue, and after the old rite and manner, other than according to the king's majesty's book, let them and every of them be examined, in virtue of his said oath, how they know that I so know, or have heard say; and of the name or names of the party or parties; and of the time and place when, and where it was; and whether any denunciation or detection were, according to the statutes and ordinances of this realm, made unto me or no. Et interrogetur ut supra.

Concern

ing the ninth.

Concerning the tenth.

Concerning the

eleventh.

Bonner

against the wit

nesses.

XVI. Item, If they or any of them do say, that I know or have heard say of such notable adulterers and offences mentioned in the ninth article, let them and every of them be examined, in virtue of his and their oath, what they do know that I do know, or have heard say; and who be the persons; where they dwell; who hath denounced or detected them; and how I could and ought to have cited them and punished them in this behalf. Et interrogetur ut supra.

XVII. Item, Whether they or any of them do say, that I know certainly now, what Dr. Cox declared in his sermon at Paul's cross, as is deduced in the tenth article: let them be inquired and every of them, in virtue of their oaths, how they can prove it, by whom, and after what sort. Et interrogetur ut supra. XVIII. Item, If they or any of them do say, that I do know or hear certainly of the diversity of the rites of the common service of the church, now set forth, and of the ministers and parsons transgressing therein, let them and every of them, in virtue of their oath, be examined whether there hath been any detection or denunciation made to me thereupon; and how they know or can prove that I have been culpable and negligent herein. Et interrogetur ut supra.

XIX. Item, Whether they or any of them have been spoken unto or solicited herein to testify, and after what sort; by whom, when, and where; and what was their conference and communication therein. Et interrogetur ut

supra.

XX. Item, That they and every of them declare and show the true and sufficient cause of their testimony, in all and singular the premises.

After this the judge's delegate assigned the bishop to appear again testet before them upon Wednesday then next ensuing, between the hours of seven and eight of the clock before noon, in the hall of the archbishop's manor of Lambeth, there to show the cause why he should not be declared "pro confesso," upon all the articles whereunto he had not then fully answered, and to see further process done in the matter. *The' said bishop of London, being by the said judges delegate, at and in the time of his act and process sped the sixteenth day of September, examined openly, upon certain of the articles aforesaid, answered to them as followeth :

Touching the first, the judges' delegate demanded of him, whether he had received from the king's majesty by the hand of my lord protector's grace, and other of the king's honourable council in the council-chamber, certain injunctions in writing, beginning, By the king,' and ending, Forasmuch,' &c. Whereunto the said bishop answereth, that he hath already made a sufficient answer thereunto in writing.

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6

To the second article the said bishop of London saith, that he hath already made a sufficient answer.

(1) See Edition 1563, p. 709.-ED.

VI.

Touching the third article, the judges require the said bishop to deliver such Edward notes of his sermon as, he saith, he made; which he promiseth he shall have, if they send for them.

To the fourth article he saith, he hath also answered heretofore.
Touching the fifth, it is answered as afore in the acts.

To the sixth he saith, he hath made a full and sufficient answer already; and because, as the judges said, he doubteth what the opinion of the rebels is, it is now declared unto him by the said judges, that this is their opinion; namely that the king's majesty, before his grace be come to the age of twenty-one years, hath not so full authority to make laws and statutes, as when he cometh to further years; and that his subjects be not bound to obey the laws and statutes made in the said young age, as appeareth by the tenor of the which article proceeding and they requiring his answer thereunto. The said bishop answereth: that he is not of the opinions of the rebels mentioned in this article; and saith further, that this may appear by his answer made to the pretensed denunciation, and also by his answer to the five of their articles objected against him, on the thirteenth of September.*

And so Bonner, still protesting of the nullity and invalidity of all their proceedings, they did, for that present, depart.

A. D. 1549.

ers certify

of Bon

meanour.

In this mean while the commissioners certified the king's majesty The comand his council, of the bishop's demeanour towards them, and what mission objections he had made against their proceedings, making doubts and the king ambiguities, whether, by the tenor of his majesty's commission, the ner's decommissioners might proceed not only at the denunciation, but also at their mere office; and also whether they might as well determine as hear the cause. Whereupon his majesty, by advice aforesaid, for the better understanding thereof, did, the 17th of September, send unto the commissioners a full and perfect declaration and interpretation of his will and pleasure in the aforesaid commission, giving them hereby full authority to proceed at their own discretions, as appeareth more at large by the tenor thereof ensuing:

A certain Declaration or Interpretation of the King, touching certain points and doubts in his former Commission, with License given to the Commissioners, as well to determine as to hear, in the case of Bonner.

Edward the sixth by the grace of God king of England, France, and Ireland, defender of the faith, and of the church of England, and also of Ireland, in earth the supreme head; To the most reverend father in God, Thomas archbishop of Canterbury, metropolitan and primate of England; the right reverend father in God Nicholas, bishop of Rochester; our trusty and right well-beloved councillors, sir William Peter and sir Thomas Smith, knights, our two principal secretaries; and William May, doctor of law civil; and dean of Paul's; greeting: Whereas we of late, by the advice of our most entirely beloved uncle Edward duke of Somerset, governor of our person, and protector of our realms, dominions, and subjects, and the rest of our privy council, have addressed unto you, five, four, or three of you, our letters patent of commission, bearing date at Westminster the eighth day of September, in the third year of our reign; willing you by force thereof to hear the matters and cause of contempt therein expressed, and calling before you as well the denouncers thereof, as also the right reverend father in God Edmund bishop of London, against whom such denunciation is made, as in our said letters of commission more at large doth appear; we be now credibly informed, that upon the said commission divers doubts and ambiguities have and may rise: As, whether you, by the tenor of the said commission, may proceed not only at the denunciation, but also of mere office: And also, whether ye may as well determine, as hear the said

cause.

Edward

VI.

A. D. 1549.

For further declaration whereof we do now interpret and declare, that our full mind and pleasure, by the advice aforesaid, was by our said commission, and now is, that you should proceed as well by mere office, as also by the way of denunciation, and by either of them, or by any other ways or means at your discretions, whereby the truth and merits of the cause may be most speedily and best known; and that ye might and may as well finally determine as hear the said matters; in all your orders and doings cutting away all vain and superfluous delays, and having respect to the only truth of the matter. And this our declaration we send unto you of our sure knowledge and mere motion, by the advice aforesaid; supplying all default, ceremony, and point of the law, which hath, shall, or may arise of your doings by reason of any default of words in our said former commission or any part thereof, any law, statute, or act to the contrary notwithstanding. And therefore we will and command you to proceed in the said matters accordingly, as well to our aforesaid commission as this our declaration; and so fail ye not. In witness whereof we have made these our letters patent.

At Hampton-court, the seventeenth day of September, in the third year of our reign.

THE FOURTH SESSION AGAINST BONNER, BISHOP OF LONDON,
BEFORE THE KING'S COMMISSIONERS, IN THE GREAT HALL

AT LAMBETH, THE EIGHTEENTH OF SEPTEMBER.

After this declaration being sent down and received from the king, the bishop of London (according to the commissioners' assignment the Monday before) appeared again before them upon Wednesday the 18th of September, in the great hall at Lambeth; where under his wonted protestation, first he declared, that although he had already sufficiently answered all things, yet, further to satisfy the term assigned unto him, to show cause why he ought not to be declared "pro confesso," upon the articles theretofore ministered against him, and to the which he had not fully answered, he had then a matter in writing to exhibit unto them, why he ought not so to be declared, which he read there openly; the copy and words whereof be as follow.

*Matter exhibited up to the Commissioners by Bonner, why he ought not to be declared for cast and convicted.

I, Edmund, bishop of London, under protestation heretofore by me made before you, which I have heretofore repeated; and, especially, under protestation of the nullity and invalidity, injustice and iniquity, of your pretensed and unlawful process made by you against me; and, especially, against your pretensed assignation made by you the last session unto me appearing in your pretensed acts: do say, that your said assignation is unavailable, nothing worth in law, unlawful, unjust, and unreasonable; and I, therefore, not bound by the law to obey unto it, for just and reasonable causes hereafter following. First, it is true, notorious, and manifest, that the said pretensed assignation, in words and pronunciation, was made by you sir Thomas Smith, one of the pretensed commissioners in this matter, without express consent given unto you by your pretensed colleagues in the commission; or, at least, he, as a commissioner, did proceed herein with the rest of the said colleagues, and did induce the acts, prescribing to the actuary or scribe, what he therein should write.

Item, It is likewise notorious and manifest, that the said colleagues did, in your absence, begin to sit as commissioners and judges, by virtue of the said commission pretended to be sent unto you, and began to make process against me, as appeareth in the acts of the first session in this matter; by reason whereof ye ought not by the law to have intermeddled therein otherwise than (1) In this session Bonner exhibiteth more matter in writing, why he ought not to be declared 'pro confesso.'

(2) This appeal of bishop Bonner, taken out of the First Edition, p. 709, is substituted for a brief abstract of the same document in later editions.-ED.

VI.

the law doth suffer you to do; which ye have done indeed naughtily and un- Edward lawfully, contrary to justice and good reason, and are unmeet to be commissioner against me in this behalf.

A. D.

Item, It is likewise true, notorious and manifest, that the answers being 1549. already given by me fully, lawfully, and sufficiently, so far as the law bindeth me, as well to the pretensed denunciation in that matter, as also to all and singular articles, that in any wise against me have been objected in this behalf; and nothing in the least wise sufficient and good in law to be alleged, declared, specified or apparent to the contrary in any specialty or particularity; by reason whereof I ought not further, without special allegation, declaration, specification, and appearance, to make other or more special answer therein, no cause in law sufficient and reasonable compelling and enforcing me thereunto. I am not by law bound to do further than I have done, referring me as well to my answers given to the said pretensed denunciation and articles, as, also, unto the king's ecclesiastical laws, used and observed commonly here within this realm.

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Item, It is likewise true, notorious, and manifest, that in all proceedings hitherto, ye have proceeded so extraordinarily and unduly in this matter, that ye have confounded all kind of lawful process; sometimes proceeding ad denunciandum;' sometimes 'ex officio mero;' sometimes 'ex officio mixto;' contrary to the king's ecclesiastical laws, and contrary also to the commission directed in this behalf; referring me to all the same. And it may be said herein, that hitherto ye have proceeded against me summarily, against the true sense of the word, and proceeded also 'cum strepitu,' but 'sine figura judicii.' Item, It is likewise true, notorious, and manifest, that divers of the articles pretensed are superfluous and impertinent, not relevant, though they were proved, containing in them untruth and falsity; some also be obscure, general, and uncertain, nor can have certain answers made unto them. And also others be depending of articles being denied, or at the least way qualified; some also captious and deceitful to bring the answer into a snare; some also containing matter of divers sorts, part whereof is not true, but false; and some also being articles of the law, and such sort that, by the king's ecclesiastical laws, a subject of this realm is not bound to make answer unto them, but lawfully may refuse and deny to do it, by reason of the said just and reasonable causes being in this behalf.

Item, It is likewise true, notorious, and manifest, that you six Thomas Smith, when I, Edmund bishop of London, was last with the council in the councilchamber, at Whitehall: ye the said sir Thomas, after the departure of the lord protector from the said council, and after the departure of the rest of the lords from the said council, did write yourself certain articles and injunctions, amongst which was that of the king's majesty's minority and his authority in the same, which articles or injunctions ye writ yourself; and afterwards, also, ye copied them upon an altar or table within the said council-chamber; and you yourself, and none other, did then write the same, and deliver it to me. By reason whereof it cannot be, nor is, true, that which in the commission, denunciation, articles, and other things is deduced and objected against me in this behalf; referring me as well to the tenor of the said commission, denunciation, injunctions, and articles, as also unto my allegations and answers herein made unto the same, remaining in the acts of this cause and matter.*

When these fond and frivolous objections were thus read, the archbishop, seeing his inordinate and intolerable contempt towards them, charged him very sharply, saying thus:

lerable

haviour

'My lord of London, if I had sitten here only as archbishop of Canterbury, The intoit had been your part to have used yourself more lowly, obediently, and reve- contempt rently towards me than you have; but, seeing that I, with my colleagues, sit and irrehere now as delegates from the king's majesty, I must tell you plain, you have verent be behaved yourself too, too much inordinately. For at every time that we have of Bonsitten in commission, you have used such unseemly fashions, without all reve- ner, rerence and obedience, giving taunts and checks as well unto us, with divers of proved. the servants and chaplains, as also unto certain of the ancientest that be here, words of calling them fools and daws, with such like, as that you have given to the the archmultitude an intolerable example of disobedience. And I assure you, my lord, bishop.

The

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