VIII. Item, In case they, or any of them, do depose upon the seventh Edward article, let them, in virtue of their oath, be examined of the special time and place; and whether, at the delivery thereof, the lord protector or the rest of the council were then present, or not; with the causes of their knowledge. IX. Item, If they, or any of them, do depose upon the contents of the eighth article, let them be examined as before, whether the lord protector or the rest of the council were present in the council-chamber, or departed before master secretary Smith had the article touched in the seventh article before expressed, beginning thus: Item, that the said secretary,' &c.; and ending thus, forty years of age.' X. Item, Let them, and every of them, in virtue of their oath, be examined whether I, the said bishop, at any time that motion was made either of sermon to be made by me, or else of articles to be declared by me, did only excuse mine inability for lack of exercise: but also add, that in case I should be enforced by the council to preach or declare, I would do the best I could, without further promises, or taking upon me to do. XI. Ítem, If they, or any of them, do depose upon the tenth article, let them be examined in virtue of their oath, whether the things mentioned in the said article, were put into the book and amended, the lord protector and the rest of the council being present or absent; and who and how many were then present, with the causes of their knowledge therein. XII. Item, If they, or any of them, do depose upon the eleventh article, let them be examined in virtue of their oath, whether they know, think, or believe, that that book which is in my possession, or else known where it is, be the very true book that was delivered in this behalf unto me; and whether they know, think, or believe, that the copy annexed to the articles be a true copy thereof, in all words and sentences agreeable unto the same; giving causes of their knowledge therein. XIII. Item, If they, or any of them, do depose upon the contents of the twelfth article, let them be examined in virtue of their oath, by whom I was so commanded, as in the article is contained; by what words, in what place, before whom, in writing or by mouth, at what time and after what sort; giving causes of their knowledge therein. XIV. Item, If they, or any of them, do depose upon the contents of the thirteenth article, let them be examined as before, whether they or any of them did hear me preach; when came they to my preaching; where did they stand; what words and sentences they then heard; who was with them there as cotests; with cause of their knowledge; and how many of their acquaintance were then present. XV. Item, If they, or any of them, do depose upon the contents of the fourteenth article, let them be examined, in virtue of their oath, how and by what means they know it was so; and whether of a malicious set purpose, or else by forgetfulness. XVI. Item, If they, or any of them, do depose upon the fifteenth and last article, let them be examined as before, whether they be lawyers or no; specially whether they know certainly the laws, statutes, and ordinances of this realm in this behalf or not; giving sufficient causes of their knowledge in this behalf. XVII. Item, Touching Master Cecil, one of the pretensed witnesses, let him be examined in virtue of his oath, whether the eighth day of September 1549, in open audience in the court kept in the Great Hall at Lambeth, he, the said Master Cecil, did not openly, and with vehemence, report and say, that I, the bishop of London, was the most inobedient and wilful that he had seen or heard of, and one that most evil behaved himself to the commissioners; with other words unseemly then spoken: specifying the said words, and to whom they were spoken; and how many and who answered unto them, and what they said. THE FIFTH ACTION OR PROCESS THE TWENTIETH OF SEPTEM- At which day and time the bishop appeared himself personally before them in the same Chamber of Presence; where first he did VI. A. D. 1549. Edward exhibit his answers unto the last articles ministered unto him the eighteenth of September; the contents whereof hereunder follow: VI. A. D. 1549. The Answer of the said Bishop of London made unto the Articles ministered unto him the second time. He an The answers of me, Edmund bishop of London, under mine accustomed protestation given unto the articles of late ministered and exhibited against me here in this court; with special protestation also, that I do not intend in any wise to make answer to any of the said articles otherwise than the law of this realm doth bind me to do, nor to speak or say contrary to any thing that in my former answers I have said or done; and that if it so chance me to do, it is not, nor shall it be, with my good will or full consent; and that so soon as I shall perceive it, I intend to revoke it, and so now as then, and then as now, do so in that case revoke, to all honest and lawful purposes. To the first article I do answer and say, that there was a messenger, whose name I know not, that came unto me to Fulham, as I now remember, but I do not remember the day thereof; and he said that my lord protector's grace required me to come by and by to speak with him. And thereupon, having made the said messenger to break his fast, I repaired to the court at Westminster; but not upon the tenth day of August, but some other day of the said month. To the second article I do say, that it is obscure, uncertain, and over general, especially in those words 'at the same time,' which may be referred to the tenth of August, and then answer already is made thereunto; and it may be referred to some other day of the said month of August, either before the tenth of August, or after. And because it remaineth undeclared, I am not bound in law to answer unto it, neither yet to these words and sentences in the said article, to wit, then, and there,' for they, without declaration, are uncertain, obscure, and general; and I, before the specification and declaration thereof, not bound herein to make an answer, especially having already made full and sufficient answer in this matter, according to the commission, as I do take it, and according unto the law; which also willeth, that if a certain answer be looked for, the position and article must before be certain. To the third, fourth, fifth, sixth, seventh, eighth, ninth, tenth, eleventh, swereth twelfth, thirteenth, and fourteenth articles, he answereth all after one manner in a gene- and sort, as thus: That it doth depend on the articles, to which for causes aforesaid, he saith, he is not bound in law to make answer, especially having already made. Saving that in the sixth he addeth thereunto, that he at no time heard the lord protector find fault, nor commanded, as is deduced in the said article, so far as he doth find. Also saving the seventh article, where he addeth, Nevertheless confessing and acknowledging, with heart and mouth, the king's majesty's authority and regal power and minority, as well and full as in his majority.' Also saving the eighth, ninth, tenth, and eleventh articles, where he addeth, 'As they be deduced, they are not true; as appeareth in conferring one with another.' To the twelfth and fourteenth articles, he addeth, As they be deduced, they are not true;' confessing, nevertheless, the king's majesty's authority and power regal, as before is expressed. To the fifteenth article he answereth and saith, that it is a position in law, and that yet both now and heretofore he hath made answer thereunto in effect and substance, as appeareth in his former answers, and so shall do always according to the law and his bounden duty, acknowledging, as he hath already done, the king's majesty's regal power in his minority, to be no less than in his majority; and the subjects bound to obey unto his grace, his laws, statutes, and ordinances, and his said authority, as well in his minority as in his majority; not allowing, but expressly condemning the opinion of all rebels holding the contrary. After this, perceiving that master secretary Smith was somewhat more quick with him than others of the commissioners, and that he VI. would not suffer him any longer to dally out the matter with his Edward vain quiddities and subtleties in law, but ever earnestly urged him to go directly to his matter, and therewithal sometimes sharply rebuking A. D. him for his evil and stubborn behaviour towards them; Bonner, to 1549. deface his authority (as he thought), did also then exhibit in writing Bonner a recusation of the secretary's judgment against him; the form and secretary manner whereof, as he exhibited it unto the judges, I thought here also to exhibit unto the reader as hereunder followeth : The Recusation of the Judgment of Sir Thomas Smith, made by the Bishop of London the first time. refuseth Smith to be his judge. refused ceptions him. ye In the name of God, Amen. Forasmuch as equity, natural reason, and all Causes good laws, do require that judges shall be of that integrity, wisdom, circum- why he spection, learning, and indifferency, that, exercising the office and room of a secretary judge, they may and shall do it without hatred, malice, or grudge against any Smith. person convented or called before them; uprightly, sincerely, and duly executing and doing their office unto them in any wise committed: and forasmuch also as all judgments and process ought to have their due course, and proceed without suspicion or corruption in any wise: and finally, forasmuch as very dangerous it is to appear and make defence before an incompetent judge, who commonly and accustomably, of private and unlawful corrupt affection to the one side, and for malice, hatred, and envy borne against the other side, rather serveth his carnal, corrupt, and wilful appetite, than by any thing else is moved to obedience and keeping of good order, law, or reason, touching him that is convented and compelled to make answer against his will: I therefore, Edmund Bonner bishop of London, having perceived and felt by all the sayings, proceedings, layeth exand doings of you sir Thomas Smith, knight, one of the two principal secretaries against to the king's majesty, in this matter attempted and moved against me, that have been, and yet continually are, a notorious and manifest enemy of me the said Edmund, and much offended that I should in any wise allege and say, or use any such things for my most defence, as the law giveth me license and liberty to do; yea, hearing most favourably and effectually my denouncers and enemies with both ears in any thing that they shall allege, purpose, attempt, or do against me, though their persons in law are not in any wise to be heard or admitted, nor yet their sayings true; and not hearing me so much as with one ear in my lawful sayings and doings in this behalf; but, contrariwise, opening your mouth at large, ye have sundry times, against good wisdom and reason, outraged in words and deeds against me the said Edmund, saying, among other words: that I did as thieves, murderers, and traitors are wont to do, being myself (as ye untruly did say), inwardly indeed culpable; and yet outwardly 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 am as sturdy, wilful, and disobedient, as may be in your judgment and opinion, maintaining and upholding the rebels and their opinions; and that I shall answer by mouth, or else smart and do worse; or else ye will send me to the Tower, there to sit and be joined with Ket and Humphrey Arundel the rebels:' over and besides divers other threatenings and comminatory words by you pronounced and uttered unseemly, and far unmeet to proceed out of the mouth of you, that are in such room and place as ye be in. And moreover, increasing your malice, evil will, and grudge borne against me, ye have, amongst other things, untruly surmised, written, alleged, and said, that a certain book of articles and injunctions by the lord protector's grace in the full council, after a certain prescribed fashion and form in the denunciation, commission, and articles which, de facto, were induced, brought in, and objected against me, was delivered unto me: and, moreover, of an evil will and ungodly intent and purpose, contrary to the truth, ye have withdrawn, added, altered, and qualified divers things in the same, otherwise than they were spoken and done; and yet ye are not ashamed to allege, write, and say, that all is true, and one consonant and agreeable in all points with the other, VI. Edward whereas indeed it is not so.1 And yet have further, de facto, against the law, and against the commission to you directed, and against my just and lawful A. D. allegations and sayings, proceeded unlawfully and unjustly against me, attempt1549. ing many things against me unlawfully and unjustly, as appeareth in the acts of this matter, to the which I do refer me so far forth as they make for me, and be expedient by me and for me to be alleged and referred unto yourself also unlawfully and unjustly, de facto, with your colleagues; the which, without you had begun the said matters, proceeding where by the law ye so ought not to have done indeed, but abstained therefrom, as heretofore sundry times I have alleged, appearing in the acts of this court; I do, upon these just and reasonable causes, according to the order of the king's majesty's ecclesiastical laws, refuse, decline, and recuse you the said sir Thomas Smith, as an incompetent, unmeet, and suspect judge, against me in this behalf; and decline your pretensed jurisdiction in this matter for causes aforesaid, desiring nothing but the king's justice, and offering myself prompt and ready to prove them as far as I am bound, and according to the order of the king's majesty's ecclesiastical laws of this realm in this behalf, as time, place, and otherwise shall require. The pope's laws termed ecclesi astical laws. The reply of secre tary Bonner. This recusation ended, the secretary told him plain, that, notwithstanding, he would proceed in his commission, and would be still his Smith to judge until he were otherwise inhibited; and said unto him further, My lord! whereas you say in your recusation, that I said that you did like thieves, murderers, and traitors; indeed I said it, and may and will so say again, since we perceive it by your doings." a pelting chafe. 66 Whereupon the bishop in a great and stout rage replied, saying, Bouner in "Well, sir! because you sit here by virtue of the king's commission, and for that ye be secretary to his majesty, and also one of his highness's council, I must and do honour and reverence you; but as you be but sir Thomas Smith, and say as ye have said, that I do like thieves, murderers, and traitors, I say ye lie upon me, and in that case I defie you; and what ye and therefore, "quod facis, fac citius can to me, I fear you not, Whereat the archbishop with the other commissioners said unto him, that for such his unreverent behaviour he was worthy imprisonment. Then the bishop, in more mad fury than before, said again unto him, "A God's name ye may do de facto: send me whither you will, and I must obey you; and so will, except ye send me to the devil; for thither I will not go for you.2 Three things I have; to wit, a small portion of goods, a poor carcase, and mine own soul: the two first ye may take (though unjustly) to you, but as for my soul, ye get not, "Quia anima mea in manibus meis semper." 66 Well," said the secretary, "then ye shall know that there is a king." "Yea, sir," saith the bishop, "but that is not you; neither, I am sure, will you take it upon you.' "No sir," said again the secretary, "but we will make you know who it is." And with that the commissioners commanded the bishop and all the rest to depart the chamber, until they called for him again. Now, in the mean while that the commisioners were in consultation, the bishop with Gilbert Bourn his chaplain, Robert Warnington his commissary, and Robert Johnson his registrar, were tarrying in a (1) Here Bonner most proudly shameth not to belie the king's secretary and one of his majesty's council, charging him with altering and adding unto the council's injunctions. (2) I pray God ye go not for yourself. VI. void quadrant-place before the door of the same chamber; where Edward the bishop, leaning on a cupboard, and seeing his chaplains very sad, said unto them in effect as followeth : A. D. 1549. I Bonner's talk to his chap rant chamber Lambeth. Sirs, what mean you? Why show you yourselves to be so sad and heavy in mind, as appeareth to me by your outward gestures and countenances? would wish you, and I require you, to be as merry as I am (laying therewith his hand upon his breast); for, afore God, I am not sad or heavy, but merry lains in the quadand of good comfort; and am right glad and joyful of this my trouble, which is for God's cause; and it grieveth me nothing at all. But the great matter that place, grieveth me and pierceth my heart, is, for that this Hooper and such other before the vile heretics and beasts, be suffered and licensed to preach at Paul's cross, and of prein other places within my diocese and cure, most detestably preaching and sence at railing at the blessed sacrament of the altar, and denying the verity and presence of Christ's true body and blood to be there and so infect and betray my flock. But, I say, it is there in very deed, and in that opinion I will live and Here die, and am ready to suffer death for the same. Wherefore ye, being christian Bonner's men, I do require you, and also charge and command you, in the name of God, heart and on his behalf, as ye will answer him for the contrary, that ye go to the bursteth mayor of London, and to his brethren the aldermen, praying and also requiring Bonner's them earnestly, in God's name and mine, and for mine own discharge on that popish behalf, that from henceforth, when any such detestable and abominable message preachers, and especially those who hold opinion against the blessed sacrament of the altar, do come to preach unto them, they forthwith depart out of their pre- the lord sence, and do not hear them; lest that they, tarrying with such preachers, should mayor not only hurt themselves in receiving their poisoned doctrine, but also give a visage to the encouragement of others, who thereby might take an occasion to think and believe, that their erroneous and damnable doctrine is true and good: and this eftsoons I require and command you to do.' And then turning himself about, and beholding two of the archbishop's gentlemen, who in the same place kept the chamber-door where the commissioners were in consultation, and perceiving that they had heard all his talk, he spake unto them also and said: obedient out. and charge to and alder men. charge to And, sirs, ye be my lord of Canterbury's gentlemen; I know ye very well; Bonner's and therefore I also require and charge you, in God's behalf, and in his name, trifling that ye do the like, for your parts, in places where you shall chance to see and hear the archsuch corrupt and erroneous preachers; and also advertise my lord your master bishop's of the same, and of these my sayings, that I have now spoken here before gentleyou, men. as ye are christian men, and shall answer before God for the contrary.' With this the commissioners called for the bishop again, who did read unto them an instrument, containing a provocation to the king, which he made in manner and form here following: The first Appellation intimated by Edmund Bonner, Bishop of London. In the name of God, Amen. It shall appear to all men by this public instrument that A.D. 1549, the 20th day of September, the third year of the reign of our most high and renowned prince Edward the Sixth,1 by the grace of God king of England, France, and Ireland, defender of the faith, and in earth the supreme head of the church of England and Ireland, in a chamber within the palace of the said bishop, situated in London, and in the presence of me the public notary, and of the witnesses hereafter named, the aforesaid bishop did personally appear, and there did show forth in writing a certain protestation and appellation, the tenor whereof ensueth : In the name of God, Amen. I, Edmund bishop of London, say, allege, (1) Bonner appealeth to the king, because he could not to the pope. VOL. V. 3 F. |