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him. My lord, where you say, that you come coacted, or else you would not have appeared, I do much marvel of you. "For you would there by make us and this audience here helieve that because you are a prisoner, ye ought not therefore to answer. Which it it were true, it were enough to confound the whole state of this realin. For I dare say, that of the greatest prisoners and rebels that ever your keeper there (meaning the under-marshal) hath had under him, he cannot show me one that hath used such defence as you have here done. -Well (quoth the bishop) if my keeper were learned in the laws, I could shew him my mind therein. Well, said the archbishop, I have read over all the laws as well as you, another end and purpose than you did, and yet I can find no such privilege in this matter. Then master secretary Smith did very sore burthen and charge him, how disobediently and rebelliously he had always behaved himself towards the king's majesty and his authority. Whereupon, the bishop under his protestation answered again, That he was the king's majesty's lawful and true subject, and did acknowledge his highness to be his gracious sovereign lord, or else he would not have appealed unto him as he did, yea, and would gladly lay his hands and his neck also under his grace's feet, and therefore he desired that his highness's laws and justice might be ministered unto him.-Yea, quoth master secretary, you say well my lord, but I pray you what other hath all these rebels both in Norfolk, Devonshire, and Cornwall, and other places done? Have they not said thus? We be the king's true subjects, we acknowledge him for our king, and we will obey his laws, with such like; and yet when either commandment, letter, or pardon was brought unto them from his majesty, they believed it not, but said it was forged and made under a hedge, and was gentlemen's doings, so that indeed they neither would nor did obey any thing.-Ah sir, said the bishop, I perceive your meaning; as who should say that the bishop of London is a rebel like them. Yea, by my troth, quoth the secretary. Whercat the people laughed.

from the bishopric of London, and further as in the same appeareth, in tenor as followeth : Sententia deprivationis lata contra Edmundum London. Episcopum.

"IN Dei nomine, Amen. Nos Thomas miseratione divina Cantuar. Archiepiscop, totius Anghe Primas & Metropolitanus, Nicholaus eadem miseratione Roffensis Episcopus, Thomas Smith miles, illustrissimi in Christo principis & Domini nostri Domini Edwardi sexti, Dei gratia, Angliæ, Franciæ, & Hybernia Regis, fidei defensoris, & in terris Ecclesiæ Anglicana supremi capitis, Secretariorum principalium alter, & Wilhelmus May, Juris Civilis Doctor, Ecclesia Cathedralis divi Pauli, decanus, dicti illustrissimi principis, & do mini nostris regis, ad infra scripta, una cum eximio viro domino Wilhelmo Petro Milite, ejusdem serenissimæ regiæ majestatis etiam Secretariorum principalium altero, Commis sarii sive Judices delegati cum ista clausa, videlicet, Deputamus vos quinque, quatuor vel tres vestrum, &c. Rectè & legitimè deputati contra te Edmundum permissione divina London. Episcopum in causa & causis, in literis Commissionalibus dicta serenissimæ Regia Majes tatis express. & specificat. ritè & leg time, procedentes & judicialiter inquirentes, auditisque per nos & intellectis ac primo examine debit. mature discussis meritis & circumstantiis causæ & causarum inquisitionis ejusmodi, servatisque ulterius per nos de jure in hac parte servandis in præsentia tui Episcopi antedicti, judicialiter coram nobis constituti, ac protestantis de coac tione, & de cæteris, prout in ultima protestatione hodie per te facta continetur, ad definitio nem causæ & causarum hujusmodi, prolationem. que sententiæ, nostræ sive nostri finalis decreti, super eisdem ferendam sic duximus procedendum, & procedimus in hunc qui sequitur modum. Quia tam per acta inactitata, deducta, proposita, exhibita, allegata, probata, pariter & confessata in causa & causis hujusmodi, fac ta, habita & justa, quam per confessionem tuam propriam, factique notorietatem, & alia legiti ma documenta, evidentem invenimus, & compertum habemus te præfatum Episcopum London. inter cætera, pro meliori officii tui pastoralis administratione, in mandatis habuisse, ut de his qui duas aut tres uxores ut maritos in unum haberent, aut qui externos & non probatos Ecclesiæ ritus in hoc regno sequerentur, quibus rebus tua Diocesis Londinensis, præci puè erat infamata, inquireres, teque ea facere omnino neglexisse: Item expresse tibi per Regiam Majestatem præscriptum fuisse, ut ipse Episcopus adesses concionibus ad crucem Pauli

Then the dean of Paul's said unto him, That he marvelled much, and was very sorry to see him so untractable, that he would not suffer the judges to speak. To whom the bishop disdainfully answered; Well,master dean, you must say somewhat. And likewise at another time as the dean was speaking, he interrupted him and said, You may speak when your turn cometh. Then said secretary Smith, I would you knew your duty. I would quoth he again, you knew it as well as I with an infinite deal more of other such stubborn and contemp-habitis, tam ut eas honestares tua præsentia, tuous talk and behaviour towards them. Which quam ut possis eos accusare, (si qui male ibithe commissioners weighing, and perceiving no dem concionarentur) te tamen contra non so likelihood of any tractable reason in him, de- lum abijssc, sed etiam scriptis literis, Majorem termined that the archbishop, with their whole London. & Aldermaunos, ut inde recederent consent, should at that present there openly admonuisse & exhortatum fuisse: Item, inter read and publish their final decree or sentence alia quoque per Regiam Majestatem tibi indefinitive against him. Which he did, pro-juncta in mandatis tibi datum fuisse, quod arQouncing him thereby to be clean deprived ticulum quendam, statum reipublicæ tunc per

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niciossima rebellione proditorum contra illum articulum sentientium gravissime perturbatæ præcipue concernent. & propterea supremum,necessarium, & specialiter tibi injunctum, videlicet;" 'Ye shall also set forth in your sermon, that our authority of our royal power is, as of truth it is, of no less authority and force in this our 'younger age, than is and was of any of our 'predecessors, though the same were much elder, as may appear by example of Josias and other young kings in scripture. And 'therefore all our subjects to be no less bound 'to the obedience of our precepts, laws and statutes, than if we were thirty or forty years of age.-Apud crucem sive suggestum Divi Pauli London. certo die tibi in ea parte præfixo, & limitato in publica tua concione, tunc & ibidem populo recitares, & explicares, teque modo & forma præmissa eundem articulum juxta mandatum,, & officii tui debitum recitare & explicare minime curasse, sed contumaciter & inobedienter omisisse, in maximum Regia Majestatis contemptum, ac in ejus regni præjudicium non modicum, necnon in subditorum suorum malum & perniciosum exemplum, contumaciamque & inobedientiam multiplicem tam in hac nostra inquisitione, quam aliàs perpetrasse, commisisse & contraxisse; Idcirco nos Thomas Cantuariensis Archiepiscopus Primas & Metropolitanus, judexque delegatus antedictus, Christi nomine primitus invocato, ac ipsum solum Deum oculis nostris præponentes, de & cum expresso consensu pariter & assensu Collegarum nostrorum prædictorum unà nobiscum assidentium, deque & cum concilio Jurisperitorum, cum quibus communicavimus in hac parte, Te Edmundum London. Episcopum antedictum à tuo Episcopatu London, unà cum suis juribus & pertinentibus commoditatibus, & cæteris emolumentis quibuscunque deprivandum & prorsus ammovendum fore de jure debere, pronunciainus, decernimus & declaramus, prout per præsentes, sic deprivamus & amovemus per hanc nostram sententiam definitivam, sive hoc nostrum finale decretum, quam sive quod ferimus & promulgamus in his scriptis." Which ended, the Bishop immediately did therefrom appeal by word of mouth, alledging, that the same sentence there given against him, was lex nulla. The tenour of whose words I thought here to express, according as they were by him uttered, in this wise as followeth: "I Edmund bishop of London, brought in and kept, here as a prisoner against my consent and will, do under my former protestation beretofore made, and to the intent it may also appear, that I have not, being so here in this place, consented nor agreed to any thing done against me and in my prejudice, alledge and say that this sentence given here against me, is lex nulla; and so far forth as it shall appear to be aliqua, I do say it is iniqua & injusta, and that therefore I do from it, as iniqua & injusta, appeal to the most excellent and noble king Edward the 6th, by the grace of God, king of England, France, and Ireland, defender of the faith, and of the Church of England and also Ireland,

next and immediately under God here on earth, supreme head, and unto his court of chancery or parliament, as the laws, statutes, and ordinances of this realin will suffer and bear in this behalf, desiring instantly hirst, second and third, according to the laws, letters, reverential or dimissories, to be given and delivered unto me in this behalf, with all things exped ‹nt, requisite, or necessary in any wise; and the eupon also the said bishop required the public notary or actuary, William Say, to make an instrument, and the witness aforesaid and other present to record the same. To whom so appealing, and requiring as afore, the said Judges delegate said, that they will declare and signify to the king's majesty what is done in this matter, and thereupon will defer or not defer to his said appellation, according as his grace's pleasure and commandment shall be given to them in that behalf, and after all this, the said bishop of London said to them, Jam functi estis officio. What will your grace do with me now, touching my imprisonment? Will ye keep me still in prison? Shall I not now be at liberty to prosecute mine appeal? To whom the Archbishop answering, said, That they perceived now more in that matter than they did at the first, and that this matter is more greater rebellion then he is aware of, and therefore said that as yet they would not discharge him, and thereupon they committed him again to his keeper in pri

son."

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This talk finished, the Archbishop considering that most of the audience there present did not understand the meaning of the sentence being read in the Latin tongue, said to them, Because there be many of you here that understand not the Latin tongue, and so cannot tell what judgment hath been here given, I shall therefore shew you the effect thereof; and therewith did declare in English the causes expressed in the sentence, adding thereunto these words: Because my lord of London is found guilty in these matters, therefore we have here by our sentence deprived him of our bishopric of London; and this we shew unto you to the intent that from henceforth ye shall not esteem hin any more as bishop of London.' Then Bonner desired the archbishop to declare likewise what he had done, and how he had appealed. But the other, seeing his froward contempt, refused it, saying, You may do it yourself. Whercupon very disdainfully again he said, Jam functi estis officio. What will your grace do with me touching my imprisonment? Will you keep me still in prison?-To whom the commissioners answered, that they perceived now more in the matter than they did before, and that his behaviour was more greater rebellion he was aware of, and therefore they would not discharge him, but committed him again to his keeper to be kept in prison. Where he most justly remained until the death of that most worthy and godly prince king Edward 6th. After which time he wrought most horrible mischief and cruelties against the saints of God, as appeareth hereafter throughout the whole reign

of queen Mary. From the executing of the which like tyranny the Lord of his great mercy keep all other such, amen.

against me by the said persons. And your said lordships, over and besides the furtherance of justice many ways herein to me and other, and the collection of the king's majesty's sub

cese, which hitherto hath been and is stayed by reason of the premises, shall also bind me most greatly and intirely to pray daily for the good preservation of your said most honourable good lordships in all honour, felicity, and joy,

Now, immediately after his deprivation, he writeth out of the Marshalsea other letters sup-sidy now to be levied of the clergy in my dioplicatory unto the lord chancellor, and the rest of the king's council. Wherein he thus complaineth, that by reason of the great enmity that the duke of Somerset and sir Thomas Smith bear unto him, his often and earnest suits unto the king and his council could not belong to continue and endure unto God's pleaheard. He therefore most humbly 'desireth their lordships, for the causes aforesaid, to consider him, and to let him have liberty to prosecute his matter before them, and he would daily pray for the good preservation of their honours, as appeareth by the words of his own Supplication hereunder following. Thus after the commissioners had finished with Bonner, he being now prisoner in the Marshalsea, leaving no shift of the law unsought how to work for himself as well as he might, drew out a certain Supplication, conceived and directed to the king's majesty, out of the said prison of the Marshalsea.

To the right honourable, my Lord Chancellor of England, with all the rest of the most honourable Privy Council..

"PLEASE it your most honourable good lordships with my most humble commendations to understand, that albeit heretofore I have made such suit, and to such persons as I cannot devise to make more, or to more higher, that is to wit, to the king's most excellent majesty, and his most gracious persons in divers sorts, and also unto your most honourable good lordships being of his privy council, for redress of such notable and manifest injuries and extremities as have been contrary to all law, honesty, and good reason inflicted upon me by my lord of Canterbury, my lord of Rochester, doctor Smith, and doctor May: yet because the said doctor Smith being a minister to the duke of Somerset, and they both my deadly enemies, hath sundry ways studied and laboured my ruin and destruction, staying and letting heretofore all my lawful remedies and suits, having therein help and furtherance of these two other aforesaid persons, being ready at foot and hand to accomplish all their desires and pleasures, I 'shall at this present, having for a time forborn to trouble (for good respects) your most honourable good lordships with any my suits, and especially for your other manifold great affairs in the king's majesty's business, myself yet, the mean while, neither wanting good will, nor yet just cause (being where I am) to make such suit, renew my suit, and most humbly beseech your most bonourable good lordships to give me leave to make most humble supplication again to your said lordships, for honest and lawful liberty to prosecute my appellation and supplication heretofore made to the king's most excellent majesty, and according to the law to make my suit for redress of the said great and manifest injuries, extremities, and wrongs done

sure. Written in the Marshalsca, the 26th of October, 1549. Your lordships most faithful and assured beadsman, Ednrund London.” A Supplication made and directed by Edmund Bonner, late Bishop of London, to the King's Majesty, out of the Prison of the Marshalsea. In the which Supplication, first after the used form of stile, he prayed for the prosperous estate of the king long to reign. Then he shewed that his faithful heart and service to him bath, is, and shall be, as it was to his father before. Then he declared how he had been belied of evil men, and misreported not to bear in denying his royal power in his minority, a true heart to his grace, but a rebellious mind, where indeed he saith, his grace should find him always during life both in heart, word, and deed to do and acknowledge otherwise, and to other things for his grace, as willingly as any be most willing to shew, &c. and to do all other subject, or as those that were his denouncers, who he thought were not sent of his grace, but pretended commissioners, &c. Further, he complained of his denunciation by certain commissioners, who said they were sent by his grace, alledging the same not to be lawful; and of his long and sharp imprisonment, and that the commissioners observed neither law nor reasonable order, but extremity. And where he had made appeal to his grace, and he could not have it; he desired to have law to prosecute and sue his appeal for his remedy, and that he, considering his vocation, might not be shut up and put from liberty, which his meanest subjects have.-Then he desired his grace's letters of supersedeas against the commissioners, and that the matter might be heard before the council, and then he doubted not but to be found a true faithful man, and herein to have wrong. So in the end he concluded, this, prostrating himself even to the very ground, and humbly kissing his grace's feet, to be the only thing which he humbly desired, &c.

to the

This done, and the Supplication perused, the king eftsoons giveth in charge and commandment to certain men of honour and worship, and persons skilful in the law, as lord Rich high chancellor, the lord treasurer, the lord marquis Dorset, the bishop of Ely, lord Wentworth, sir Anthony Wingfield, sir William Harbert, knts. Dr. Rich, Wootton, Baker, knt. with judge Hales, John Gosnold, Edw. Montague lord chief justice, sir John Dr. Oliver, and also Dr. Layson, that they scanning and perusing all such acts, matters,

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soons, after diligent discussion and considerate advisement had of all and singular the pre

and monuments of the said Bonner by him exhibited, produced, propounded, and alleged, with all and singular his Protestations, Recusa-mises gave their resolute answer that the pretions, and Appellations, should upon mature consideration thereof give their direct answer upon the same, whether the Appellation of the said Bonner were to be deferred unto, whether the Sentence defined against him stood by the law sufficient and effectual, or not. Who eft

tended appellation of Edmund Bonner aforesaid was naught and unreasonable, and in no wise to be reterred unto, and that the sentence was rightly and justly pronounced. And this was the conclusion of Bonner's whole matter and Deprivation."

his person Bonner was fat and corpulent, his character was ferocious and vindictive, his knowledge of divinity was not extensive, but he was well versed in politics and canon law. He wrote some tracts now deservedly forgotten." Lempriere.

* "Queen Mary no sooner ascended the throne, than Bonner was restored to his honours, and inade President of the Convocation, instead of Cranmer now disgraced. In his new office he displayed all the native ferocity of his character. He not only dismissed and excommunicated several of the clergy, but he com"In the first edition of Fox's Acts and mitted some hundreds to the flames for not re- Monuments, there is a wooden print of Bonnouncing the doctrines of the Reformation, and ner in the act of whipping Thomas Hinshawe. on every accusation shewed himself the worthy Sir John Harrington tells us, that when Bonminister of a bloody reign. On the death of ner was shewn this print in the book of MarMary he paid his respects to the new queen, tyrs on purpose to vex him, he laughed at it but Elizabeth turned away from a man stained saying, A vengeance on the fool, how could he with the blood of suffering innocence, and the get my picture drawn so right.' This man, bigoted ecclesiastic soon after, when summoned whom nature seems to have designed for an before the Council, refused to take the oaths executioner, was an ecclesiastical judge in the of allegiance, and was again deprived of his reign of Mary. He is reported to have conbishopric, and imprisoned. He died about the demned no less than 200 innocent persons to 10th year of his confinement, 5th of September the flames; and to have caused great numbers 1569, and as he was excommunicated, his body to suffer imprisonment, racks, and tortures. was privately buried at midnight in St. George's He was remarkably fat and corpulent; which church-yard, Southwark, that a public cere- made one say to him, that he was full of guts, mony might not draw more strongly the indig but empty of bowels.' He died in the Marnation of the populace against his remains. Inshalsea, the 5th Sept. 1569." Grainger.

46. Proceedings against Sir JAMES HALES, Justice of the Court of Common Pleas, for his conduct at the Assizes in Kent: 1 Mary, A. D. 1553. [3 Fox's Acts and Monum. 19. Somers' Tracts, 2 coll. vol. 95.]

MR. Fox introduces this short but interesting procedure thus:

The first day of October 1553, queen Mary was crowned at Westminster, and the 10th of the same mouth of October then following began the parliament with a solemn mass of the Holy Ghost, after the popish manner, celebrated with great pomp in the palace of Westminster. Mass being done, the queen, accompanied with the estates of the realm, was brought into the parliament house, there according to the manner to enter and begin the consultation, at which consultation or parliament were repealed all statutes made in the time of king Henry the 8th for Premunire, and statutes made in king Edward the oth's time for Administration of Common Prayer and the Sacrament in the English tongue. And such as would stick to the laws made in king Edward's time, till others should be established, some of them were marked, and some presently apprehended. Among whom sir James Hales, a knight of Kent, and justice of the common pleas, was one; who notwithstanding he had ventured his

life in queen Mary's cause, in that he would not subscribe to the uninheriting of her by the king's will, yet for that he did at a quarter sessions give charge upon the statutes made in the time of king Henry the 8th and Edward the 6th, for the supremacy and religion, he was imprisoned in the Marshalsea, Counter, and Fleet, and so cruelly handled and put in fear by talk that the Warden of the Fleet used to have in his hearing, of such torments as were in preparing for heretics, (or for what other cause God knoweth) that he sought to rid himself out of this life by wounding himself with a knife; and afterward was contented to say as they willed him: whereupon he was discharged, but after that he never rested till he had drowned himself in a river, half a mile from his house in Kent.

The COMMUNICATION between the Lord Chancellor (Stephen Gardiner bishop of Winchester) and Judge Hales, being there among other Judges, to take his Oath in Westminster Hall, Oct. 6, 1553.

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MASTER Hales, ye shall understand, that | like as the queen's highness hath heretofore conceived good opinion of you, especially for that ye stood both faithfully and lawfully in her cause of just succession, refusing to set your hand to the book among others that were against her grace in that behalf; so now, through your own late deserts against certain her highness's doings, ye stand not well in her grace's favour and therefore before ye take any oath, it shall be necessary for you to make your purgation.

Hales. I pray you, my lord, what is the cause?

Chan. Information is given, that ye have indicted certain priests in Kent for saying mass.

Hales. My lord, it is not so, I indicted none; but indeed certain indictments of like matter were brought before me at the last assizes there holden, and I gave order therein as the law required. For I have professed the law, against which in cases of justice I will never, God willing, proceed, nor in any wise dissemble, but with the same shew forth my conscience, and if it were to do again, I would do no less than I did.

Cha. Yea, master Hales, your conscience is known well enough, I know you lack no conscience.

Hales. My lord, you may do well to search your own conscience; for mine is better known to myself than to you: and to be plain, I did as well use justice in your said mass case by my conscience, as by law, wherein I am fully bent to stand in trial to the uttermost that can be objected. And if I have therein done any injury or wrong, let me be judged by the law; for I will seek no better defence, considering chiefly that it is my profession.

God hath given me, I will do nothing but I will maintain it, and abide in it: and if my goods and all that I have be not able to counterpoise the case, my body shall be ready to serve the turn; for they be all at the queen's highness pleasure.

Cha. Ah sir, ye be very quick and stout in your answers. But as it should seem, that which you did was more of a will favouring the opinion of your religion against the service now used, than for any occasion or zeal of justice, seeing the queen's highness doth set it forth as yet, wishing all her faithful subjects to embrace it accordingly: and where you offer both body and goods in your trial, there is no such matter required at your hands, and yet ye shall not have your own will neither.

Hales. My Lord, I seck not wilful will, but to shew myself as I am bound in love to God, and obedience to the queen's majesty, in whose cause willingly for justice sake, all other res pects set apart, I did of late, as your lordship knoweth, adventure as much as I bad. And as for my religion, I trust it be such as pleaseth God, wherein I am ready to adventure as well my life as my substance, if I be called thereunto. And so in lack of mine own power and will, the Lord's will be fulfilled.

Chan. Seeing you be at this point master Hales, I will presently make an end with you. The queen's highness shall be informed of your opinion and declaration. And as her grace shall thereupon determine, ye shall have know ledge. Until such time as ye may depart as ye came, without your oath: tor as it appeareth, ye are scarce worthy the place appointed.

Hales. I thank your lordship and as for my vocation, being both a burden and a Cha. Why master Hales, although you had charge more than ever I desired to take upon the rigour of the law on your side, yet ye me; whensoever it shall please the queen's might have had regard to the queen's highness highness to ease me thereof, I shall most humpresent doings in that case. And further, al-bly with due contentation obey the same; and though ye seem to be more than precise in the law, yet I think ye would be very loth to yield to the extremity of such advantage as might be gathered against your proceedings in the law, as ye have sometime taken upon you in place of justice, and if it were well tried, I believe ye should not be well able to stand honestly

thereto.

Hales. My lord, I am not so perfect, but I may err for lack of knowledge. But both in conscience, and such knowledge of the law as

so he departed from the bar.

Not many days after this Communication, or colloquy, in Westminster-hall, which was Oct. 6, 1553, Master Hales at the commandment of the bishop was committed to the King'sbench, where he remained constant until Lent: then was be removed to the Counter in Bread street, and afterward from thence was carried to the Fleet. What afterwards befell him, has been before related.

47. Proceedings against Lady JANE GREY, and Others, for Treason: 1 Mary, A. D. 1553. [3 Fox's Acts and Monuments, 13. Bib. Cott. Somers' Tracts, 4 coll. vol. 1, p. 174. Biog. Brit.]

WHAT time, says Fox, king Edward by long sickness began to appear more feeble and weak, in the mean while during the time of this bis sickness, a certain marriage was provided, concluded, and shortly also upon the same

solemnised in the month of May, between the lord Gilford, son to the duke of Northumberland, and the lady Jane, the duke of Suffolk's daughter; whose mother being then alive, was daughter to Mary, king Henry's second sister,

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