King James Bible Adam Clarke Bible Commentary Martin Luther's Writings Wesley's Sermons and Commentary Neurosemantics Audio / Video Bible Evolution Cruncher Creation Science Vincent New Testament Word Studies KJV Audio Bible Family videogames Christian author Godrules.NET Main Page Add to Favorites Godrules.NET Main Page




Bad Advertisement?

Are you a Christian?

Online Store:
  • Visit Our Store

  • ACTS AND MONUMENTS
    PREVIOUS CHAPTER - NEXT CHAPTER - HELP - FB - TWITTER - GR VIDEOS - GR FORUMS - GR YOUTUBE    


    CONTINUATION OF BOOK 9 Proceeding With THE ACTS AND THINGS DONE IN THE REIGN OF KING EDWARD THE SIXTH.

    BOOKS IN THE LATIN SERVICE ABOLISHED.

    IT followeth now in the story, that certain of the vulgar multitude, hearing of the apprehension of the lord protector, and supposing the alteration of the public service into English, and administration of the sacrament and other rites lately appointed in the church, had been the act, chiefly or only, of the said lord protector, began upon the same to noise and bruit abroad, that they should now have their old Latin Service, with holy bread and holy water, and their other like superstitious ceremonies again: whereupon the king, with the body and state of the privy-council then being, directed out his letters of request and strait commandment to the bishops, in their dioceses, touching the same, in form and manner as followeth.

    A2 CERTAIN PRECEPT OR DECREE OF KING EDWARD1 , DIRECTED TO THE BISHOPS IN THEIR DIOCESES, FOR THE ABOLISHING OF BOOKS OF THE LATIN SERVICE, AND OF CERTAIN OTHER CEREMONIES.

    Right reverend father in God, right trusty and well-beloved, we greet you well. And whereas the book, entitled The Book of Common Prayers and Administration of the Sacraments and other Rites and Ceremonies of the Church, after the use of the Church of England, was agreed upon and set forth by act of parliament, and by the same act commanded to be used of all persons within this our realm, yet, nevertheless, we are informed that divers unquiet and evil-disposed persons, since the apprehension of the duke of Somerset, have noised and bruited abroad, that they should have again their old Latin service, their conjured bread and water, with such like vain and superstitious ceremonies, as though the settingforth of the said book, had been the only act of the aforenamed duke: We, therefore, by the advice of the body and state of our Privy Council, not only considering the said book to be our own act, and the act of the whole state of our realm assembled together in parliament, but also the same to be grounded upon holy Scripture, agreeable to the order of the primitive church, and much to the edifying of our subjects, — to put away all such vain expectation of having the public service, the administration of the sacraments, and other rites and ceremonies, again in the Latin tongue (which were but a preferring of ignorance to knowledge, and darkness to light, and a preparation to bring in papistry and superstition again) — have thought good, by the advice aforesaid, to require and nevertheless straitly command and charge you, that ye, immediately upon the receipt hereof, do command the dean and prebendaries of your cathedral church, the parson, vicar, or curate, and churchwardens of every parish within your diocese, to bring and deliver to you, or your deputy, every of them, for their church and parish, at such convenient place as ye shall appoint, all antiphoners, missals, grails 2 , processionals, manuals, legends, pies, portuasses, journals, and ordinals, after the use of Saturn, Lincoln, York, Bangor, Hereford, or any other private use; and all other books of service, the keeping whereof should be a let to the using of the said Book of Common Prayers; and that ye take the same books into your hands, or into the hands of your deputy, and them so deface and abolish, that they never after may serve, either to any such use as they were first provided for, or be at any time a let to that godly and uniform order, which, by a common consent 3 , is now set forth. And if ye shall find any person stubborn or disobedient in not bringing in the said books 4 , according to the tenor of these our letters, that then you commit the same person to ward, to such time as ye have certified us of his misbehavior: and we will and command you, that ye also search, or cause search to be made, from time to time, whether any books be withdrawn or hid, contrary to the tenor of these our letters; and the same books to receive into your hands, and to use, as in these our letters we have appointed.

    And furthermore, whereas it is come to our knowledge, that divers froward and obstinate persons do refuse to pay toward the finding of bread and wine for the Holy Communion, according to the order prescribed in the said book, by reason whereof the holy communion is many times omitted upon the Sunday: these are to will and command you, to convent such obstinate persons before you, and them to admonish and command to keep the order prescribed in the said book; and if any shall refuse so to do, to punish them by suspension, excommunication, or other censures of the church. Fail ye not thus to do, as ye will avoid our displeasure.

    Given under our signet, at our palace of Westminster, the 25th of December, the third year of our reign. T. Cant.

    R. Rich, Cancel.

    W. Saint John, J. Russell, H. Dorset, W. Northt’.* Whereby it may appear to us now, that no wafer-cakes, but common bread was then, by the king’s appointment, ordinarily received and used in churches. This was about the latter end of December, A.D. 1549.

    TAKING DOWN OF ALTARS, AND SETTING UP THE TABLE INSTEAD THEREOF.

    Furthermore, in the year next following (1550), other letters, likewise, were sent for the taking down of altars in churches, and setting up the table instead of the same, unto Nicholas Ridley 5 , who, being bishop of Rochester before, was then made bishop of London, in Bonner’s place.

    The copy and contents of the king’s letters are these, as follow.

    THE3 KING’S LETTER TO NICHOLAS RIDLEY6 , BISHOP OF LONDON, ETC.

    Right reverend father in God, right trusty and well-beloved, we greet you well. And whereas it is come to our knowledge, that being the altars within the more part of the churches of this our realm [are] already upon good and godly considerations taken down, there doth yet remain altars standing in divers other churches, by occasion whereof much variance and contention ariseth amongs sundry of our subjects, which, if good foresight were not had, might perchance engender great hurt and inconvenience; we let you wit, that, minding to have all occasions of contention taken away, which many times grow by those and such like diversities, and considering that amongs other things belonging to our royal office and cure, we do account the greatest to be, to maintain the common quiet of our realm; we have thought good, by the advice of our council, to require you, and nevertheless specially to charge and command you, for the avoiding of all matters of further contention and strife about the standing or taking away of the said altars, to give substantial order throughout all your diocese, that with all diligence all the altars in every church or chapel, as well in places exempted as not exempted, within your said diocese, be taken down; and in the lieu of them a table set up in some convenient part of the chancel, within every such church or chapel, to serve for the ministration of the blessed communion.

    And, to the intent the same may be done without the offense of such our loving subjects as be not yet so well persuaded in that behalf as we would wish, we send unto you herewith certain considerations gathered and collected, that make for the purpose; the which, and such others as you shall think meet to be set forth to persuade the weak to embrace our proceedings in this part, we pray you cause to be declared to the people by some discreet preachers, in such places as you shall think meet, before the takingdown of the said altars; so as both the weak consciences of others may be instructed and satisfied as much as may be, and this our pleasure the more quietly executed. For the better doing whereof, we require you to open the foresaid considerations in that our cathedral church in your own person, if you conveniently may, or otherwise by your chancellor, or some other grave preacher, both there and in such other market towns, and most notable places of your diocese, as you may think most requisite.

    Given under our signet, at our palace of Westminster, the 23d day of November, the fourth year of our reign. E. Somerset, Thomas Cant.

    W. Wiltshire, J. Warwick, John Bedford, W. Northt’.

    E. Clinton, H. Wentworth, T. Ely.

    REASONS WHY THE LORD’S BOARD SHOULD RATHER BE AFTER THE FORM OF A TABLE, THAN OF AN ALTAR. * 4 “I am not ashamed of the gospel, because it is the power of God unto salvation, to every one that believeth.” [Romans 1:16.] Certain reasons why the reverend father, Nicholas, bishop of London, amonges other his Injunctions given in his late visitation, did exhort those churches in his diocese, where the altars as then did remain, to conform themselves unto those other churches which had taken them down, and had set up in the stead of the multitude of their altars one decent table in every church: And that herein he did not only any thing contrary unto the Book of Common Prayer, or to the king’s majesty’s proceedings, but that he was induced to do the same partly moved by his office and duty, wherewith he is charged in the same book, and partly for the advancement and sincere setting forward of God’s holy word, and the king’s majesty’s most godly proceedings. * The First Reason.

    First, the form of a table shall more move the simple from the superstitious opinions of the popish mass, unto the right use of the Lord’s Supper. For the use of an altar is to make sacrifice upon it; the use of a table is to serve for men to eat upon. Now, when we come unto the Lord’s board, what do we come for? to sacrifice Christ up again 7 , and to crucify him again? or to feed upon him, that was once only crucified and offered up for us? If we come to feed upon him, spiritually to eat his body, and spiritually to drink his blood (which is the true use of the Lord’s Supper), then *seeing* no man can deny but * the form of a table is more meet to feed upon than, the form of an altar, it must also follow that 8 * the form of a table is more meet for the Lord’s board, than the form of an altar.

    The Second Reason. Item, whereas it is said, ‘The Book of Common Prayer maketh mention of an altar; wherefore, it is not lawful to abolish that which that book alloweth:’ to this without prescription of any form thereof, either of a table or of an altar: so that whether the Lord’s board have the form of an altar, or of a table, the Book of Common Prayer calleth it both an altar and a table. For, as it calleth an altar (whereupon the Lord’s Supper is ministered) a table, and the Lord’s board, so it calleth the table, where the holy communion is distributed with lauds and thanksgiving unto the Lord, an altar, for that there is offered the same sacrifice of praise and thanksgiving.

    And thus it appeareth, that here is nothing neither said nor meant contrary to the Book of Common Prayer.

    The Third Reason.

    Thirdly, the popish opinion of mass was, that it might not be celebrated but upon an altar, or at the least upon a super-altar, to supply the default of the altar, which must have had his printes and charactes; or else it was thought that the thing was not lawfully done. But this superstitious opinion is more holden in the minds of the simple and ignorant by the form of an altar, than of a table; wherefore it is more meet, for the abolishment of this superstitious opinion, to have the Lord’s board after the form of a table, than of an altar. The Fourth Reason.

    Fourthly, the form of an altar was ordained for the sacrifices of the law, and therefore the altar in Greek is called, qusiasth>rion ‘quasi sacrificii locus.’ But now both the law and the sacrifices thereof do cease wherefore the form of the altar used in the law ought to cease withal.

    The Fifth Reason.

    Fifthly, Christ did institute the sacrament of his body and blood at his last supper at a table, and not at an altar; as it appeareth manifestly by the three Evangelists. And St. Paul calleth the coming unto the holy communion, the coming unto the Lord’s Supper. And also it is not read, that any of the apostles or the primitive church did ever use any altar in the ministration of the holy communion. Wherefore, seeing the form of a table is more agreeable with Christ’s institution, and with the usage of the apostles and of the primitive church, than the form of an altar, therefore the form of a table is rather to be used, than the form of an altar, in the administration of the holy communion.

    The Sixth Reason.

    Finally, it is said in the Preface of the Book of Common Prayer, that if any doubt do arise in the use and practicing of the same book; to appease all such diversity, the matter shall be referred unto the bishop of the diocese, who, by his discretion, shall take order for the quieting and appeasing of the same, so that the same order be not contrary unto any thing contained in that book. * Now 9 6 it is most certain and evident, that of the form of the Lord’s board there arose great diversity, some using it after the form of a table, and some of an altar. Wherein when the said reverend father was required to say (as the bishop of the diocese) what was most meet, he could do no less of his bounden duty, for to appease all such diversity and to procure one godly uniformity, than to exhort all his diocese unto that which he thought did best agree with Scripture, the usage of the apostles and of the primitive church, and to that which is not only not contrary unto any thing contained in the said Book of Common Prayer (as is here-before proved), but also shall highly further the king’s most godly proceedings in abolishing of divers vain and superstitious opinions of the popish mass out of the hearts of the simple, and to bring them to the right use taught by holy Scripture of the Lord’s Supper. The which as every good man, no doubt will desire of God, that it may be restored again unto Christ’s church, so is it not to be doubted, but that every godly wise man (considering the just and reasonable cause thereof) cannot but allow and commend the said reverend father’s doings in this behalf. *7 And so appointed he the form of a right table to be used in his diocese, and in the church of Paul brake down the wall standing then by the high altar’s side.

    Now we will enter (God willing) into those matters which happened between king Edward and his sister Mary, as by their letters here following are to be seen.

    A LETTER OF THE LADY MARY TO THE COUNCIL, JUNE 22, 1549.

    To my Lord Protector, and the rest of the King’s Majesty’s Council:

    My lord, I perceive by the letters which I late received from you, and other of the king’s majesty’s council, that ye be all sorry to find so little conformity in me touching the observation of his majesty’s laws; who am well assured, that I have offended no law, unless it be a late law of your own making, for the altering of matters in religion, which, in my conscience, is not worthy to have the name of a law, both for the king’s honor’s sake, the wealth of the realm, and giving an occasion of an evil bruit through all Christendom, besides the partiality used in the same, and (as my said conscience is very well persuaded) the offending of God, which passeth all the rest: but I am well assured that the king-hisfather’s laws were all allowed and consented to without compulsion by the whole realm, both spiritual and temporal, and all ye executors sworn upon a book to fulfill the same, so that it was an authorized law; and that I have obeyed, and will do, with the grace of God, till the king’s majesty my brother shall have sufficient years to be a judge in these matters himself; wherein, my lord, I was plain with you at my last being in the court, declaring unto you, at that time, whereunto I would stand; and now do assure you all, that the only occasion of my stay from altering mine opinion, is for two causes: one principally for my conscience’ sake; the other, that the king my brother shall not hereafter charge me to be one of those that were agreeable to such alterations in his tender years. And what fruits daily grow by such changes, since the death of the king my father, to every indifferent person it well appeareth, both to the displeasure of God, and unquietness of the realm.

    Notwithstanding, I assure you all, I would be as loth to see his highness take hurt, or that any evil should come to this his realm, as the best of you all; and none of you have the like cause, considering how I am compelled by nature, being his majesty’s poor and humble sister, most tenderly to love and pray for him, and unto this his realm (being born within the same) wish all wealth and prosperity, to God’s honor. And if any judge of me the contrary for mine opinion’s sake (as I trust none doth), I doubt not in the end, with God’s help, to prove myself as true a natural and humble sister, as they of the contrary opinion. with all their devices and altering of laws, shall prove themselves true subjects; praying you my lord, and the rest of the council, no more to trouble and unquiet me with matters touchingly conscience, wherein I am at a full point, with God’s help, whatsoever shall happen to me; intending, with His grace, to trouble you little with any worldly suits, but to bestow the short time I think to live, in quietness, and pray for the king’s majesty and all you; heartily wishing, that your proceedings may be to God’s honor, the safeguard of the king’s person, and quietness to the whole realm Moreover, whereas your desire is, that I should send my comptroller and Dr. Hopton unto you, by whom you would signify your minds more amply, to my contentation and honor; it is not unknown to you all, that the chief charge of my house resteth only upon the travails of my said comptroller, who hath not been absent from my house three whole days since the settingup of the same, unless it were for my letters patent: so that if it were not for his continual diligence, I think my little portion would not have stretched so far. And my chaplain, by occasion of sickness, hath been long absent, and is not yet able to ride.

    Therefore, like as I cannot forbear my comptroller, and my priest is not able to journey, so shall I desire you my lord, and all the rest of the council, that, having any thing to be declared to me, except matters of religion, ye will either write your minds, or send some trusty person, with whom I shall be contented to talk, and make answer as the case shall require: assuring you, that if any servant of mine, either man or woman, or chaplain, should move me to the contrary of my conscience, I would not give ear to them, nor suffer the like to be used within my house. And thus, my lord, with my hearty commendations, I wish unto you and the rest as well to do as myself.

    From my house at Kenninghall, the 22d of June, 1549.

    Your assured friend to my power, Mary .

    A REMEMBRANCE OF CERTAIN MATTERS Appointed by the Council to be declared by Dr. Hopton to the Lady Mary’s Grace, for Answer to her former Letter; which said Hopton was, after she came to her reign, Bishop of Norwich. Her grace writeth, ‘that the law made by parliament is not worthy the name of law;’ meaning the statute for the communion, etc.

    You shall say thereto: — ‘The fault is great in any subject to disallow a law of the king, a law of the realm; by long study, free disputation, and uniform determination of the whole clergy, consulted, debated, and concluded: but the greater fault is in her grace, being next of any subject in blood and estate to the king’s majesty her brother and good lord, to give example of disobedience, being a subject, or of unnaturalness, being his majesty’s sister, or of neglecting the power of the crown, she being by limitation of law next to the same. The example of disobedience is most perilous in this time, as she call well understand: her unkindness resteth in the king’s own acceptation: the neglecting of the power, before God is answerable, and in the world toucheth her honor. ‘The executors,’ she saith, ‘were sworn to King Henry the Eighth’s laws.’ You shall say: — ‘It is true, they were sworn to him, his laws, his heirs, and successors; which oath they duly observe, and should offend if they should break any one jot of the king’s laws now being, without a dispensation by a law. And herein her grace shall understand, that it is no law, which is dissolved by a law: neither may her grace do that injury to the king’s majesty her brother, to diminish his authority so far, that he may not, by the free consent of a parliament, amend and alter unprofitable laws, for the number of inconveniences which hereof might follow; as her grace with consideration may well perceive.’ Offense taken by the sending for her officers.’ You shall say: — ‘If her grace consider the first letters of that purpose, they will declare our good meaning to her, and her gentle usage, requiring the presence of her trusty servant, because she might give more trust to our message.’ ‘Her house is her flock.’ You shall say: — ‘It is well liked, her grace should have her house or flock, but not exempt from the king’s orders: neither may there be a flock of the king’s subjects, but such as will hear and follow the voice of the king their shepherd. God disalloweth it; law and reason forbiddeth it; policy abhorreth it; and her honor may not require it.’ ‘Her grace deferreth her obedience to the king’s laws, until his majesty be of sufficient years.’ You shall say: — ‘She could in no one saying more disallow the authority of the king, the majesty of his crown, and the state of the realm. For herein she suspendeth his kingdom, and esteemeth his authority by his age, not by his right and title. Her grace must understand, he is a king by the ordinance of God, by descent of royal blood, not by the numbering of his years.’ ‘As a creature subject to mortality, he hath youth: and, by God’s grace, shall have age; but, as a king, he hath no difference by days and years. The Scripture plainly declareth it, not only young children to have been kings by God’s special ordinance, but also (which is to be noted) to have had best success in their reign, and the favor of God in their proceedings: yea, in their first years have they most purely reformed the church and state of religion.

    Therefore her grace hath no cause thus to diminish his majesty’s power, and to make him, as it were, no king until she think him of sufficient years. Wherein how much his majesty may be justly offended, they be sorry to think.’ She saith, ‘she is subject to none of the council.’ You shall say: — ‘If her grace understandeth it of us in that acceptation as we be private mens and not councilors sworn to the king’s majesty, we acknowledge us not to be superiors; but, if she understand her writing of us as councilors and magistrates ordained by his majesty, her grace must be contented to think us of authority sufficient, by the reason of our office, to challenge a superiority; not to rule by private affection, but by God’s providence; not to our estimation, but to the king’s honor; and, finally, to increase the king’s estate with our counsel, our dignity, and vocation. And we think her grace will not forget the saying of Solomon, in the sixth chapter of the Book of Wisdom, to move a king to rule by counsel and wisdom, and to build his estate upon them. Wherefore her grace must be remembered, the king’s majesty’s politic body is not made only of his own royal material body, but of a council, by whom his majesty ruleth, directeth, and governeth his realm: in the place of which council her grace is not ignorant that we be set and placed. Wherefore the reputation she shall give us, she shall give it to the king’s honor; and that which she shall take from us, she shall take from his majesty, whose majesty, we think, if it might take increase or honor, as God giveth a daily abundance, it should receive rather increase from her, being his majesty’s sister, than thus any abatement. ‘She received Master Arundel, and Master Englefield.’ You shall say: — ‘All the council remembereth well her refusal to have her house charged with any more number, alleging the small proportion for her charge; and therefore it was thought to come more for their earnest suit, meaning to be privileged subjects from the law, than of her desire, who refused very often to increase her number. Their cautel the king might not suffer, to have his law disobeyed; their countries where they should serve, by them to be destitute; and, having been servants to his majesty, the circumstances of their departure might in no wise be liked.’ ‘She refused to hear any man to the contrary of her opinion.’ You shall say: — ‘It is an answer more of will than of reason; and, therefore, her grace must be admonished neither to trust her own opinion without ground, neither to mislike all others having ground.

    If hers be good, it is no hurt if she hear the worse: if it be ill, she shall do well to hear the better: she shall not alter by hearing, but by hearing the better. And because she shall not mislike the offer, let her grace name of learned men whom she will; and further than they by learning shall prove, she shall not be moved. And so far, it is thought, reason will compel her grace.’

    In the end ye shall say: — ‘The good wills and minds of the lord protector and the council are so much toward her grace, that howsoever she would herself in honor be esteemed, howsoever in conscience quieted, yea howsoever benefited, saving their duties to God and the king, they would as much; and in their doings (if it please her to prove it) will be nothing inferiors; assuring her grace, that they be most sorry that she is thus disquieted: and, if necessity of the cause, the honor and surety of the king, and the judgment of their own conscience moved them not, thus far they would not have attempted. But their trust is, her grace will allow them the more, when she shall perceive the cause, and think no less could be done by them, where she provoked them so far.’ These and other of like credit, more amply committed to you in speech, you shall declare to her grace; and further, declare, your conscience for the allowing of the manner of the Communion,8 as ye have plainly professed it before us.

    At Richmond the 14th 9 of June, 1549.

    A LETTER OF THE LADY MARY, TO THE LORD PROTECTOR AND THE REST OF THE COUNCIL, THE 27TH OF JUNE, 1549.

    My lord, I perceive by letters directed from you, and other of the king’s majesty’s council, to my comptroller, my chaplain, and Master Englefield my servant, that ye will them, upon their allegiance, to repair immediately to you; wherein you gave me evident cause to change mine accustomed opinion of you all (that is to say, to think you careful of my quietness and well doing), considering how earnestly I writ to you for the stay of two of them, and that not without very just cause. And as for Master Englefield, as soon as he could have prepared himself, having his horses so far off, although ye had not sent at this present, he would have performed your request. But indeed I am much deceived; for I supposed ye would have weighed and taken my letters in better part, if ye have received them; if not, to have tarried my answer: and I not to have found so little friendship, nor to have been used so ungently at your hands, in sending for him upon whose travail doth rest the whole charge of my whole house, as I writ unto you lately; whose absence therefore shall be to me and my said house no little displeasure, especially being so far off. And beside all this, I do greatly marvel to see your writing for him and the other two, with such extreme words of peril to ensue towards them in case they did not come, and specially for my comptroller, whose charge is so great, that he cannot suddenly be meet to take a journey: which words, in mine opinion, needed not (unless it were in some very just and necessary cause) to any of mine, who taketh myself subject to none of you all; not doubting but, if the king’s majesty my brother were of sufficient years to perceive this matter, and knew what lack and incommodity the absence of my said officer should be to my house, his grace would have been so good a lord to me, as to have suffered him to remain where his charge is.

    Notwithstanding, I have willed him at this time to repair to you, commanding him to return forthwith, for. my very necessity’s sake; and I have given the like leave to my poor sick priest also, whose life I think undoubtedly shall be put to hazard by the wet and cold painful travail of this journey. But, for my part, I assure you all, that since the king my father, your late master and very good lord, died, I never took you for other than my friends: but in this it appeareth contrary. And saving I thought verily that my former letters should have discharged this matter, I would not have troubled myself with writing the same; not doubting but you do consider, that none of you all would have been contented to have been thus used at your inferiors’ hands; I mean, to have had your officer, or any of your servants, sent for by force (as ye make it), knowing no just cause why. Wherefore I do not a little marvel, that ye had not this remembrance towards me, who always have willed and wished you as well to do as myself; and both have prayed and will pray for you all, as heartily as for mine own soul, to Almighty God, whom I humbly beseech to illuminate you all with his holy Spirit; to whose mercy, also, I am at a full point to commit myself, whatsoever shall become of my body. And thus, with my commendations, I bid you all farewell. From my house at Kenninghall, the 27th of June. Your friend, to my power, though you give me contrary cause, Mary .

    A COPY OF THE KING’S MAJESTY’S LETTER TO THE LADY MARY, THE 24TH OF JANUARY, 1550.

    Right dear, etc. — We have seen by letters of our council, sent to you of late, and by your answer thereunto, touching the cause of certain your chaplains having offended our laws in saying of mass, their good and convenient advises, and your fruitless and indirect mistaking of the same: which thing moveth us to write at this time, that where good counsel from our council hath not prevailed, yet the like from ourself may have due regard. The whole matter we perceive rests in this, that you, being our next sister, in whom above all other our subjects, nature should place the most estimation of us, would, wittingly and purposely, not only break our laws yourself, but also have others maintained to do the same.

    Truly, howsoever the matter may have other terms, other sense it hath not; and, although by your letter it seemeth you challenge a promise made, that so you may do; yet, surely, we know the promise had no such meaning, neither to maintain, nor to continue your fault. You must know this, sister; you were at the first time, when the law was made, borne withal, not because you should disobey the law, but that, by our lenity and love showed, you might learn to obey it. We made a difference of you from our other subjects, not for that all others should follow our laws, and you only gainstand them, but that you might be brought as far forward by love, as others were by duty. The error wherein you would rest is double, and every part so great, that neither for the love of God we can well suffer it unredressed, neither for the love of you, can we but wish it amended. First, you retain a fashion in honoring of God, who, indeed, thereby is dishonored: and therein err you in zeal for lack of science; and, having science offered you, you refuse it, not because it is science, we trust (for than should we despair of you), but because you think it is none. And, surely, in this we can best reprehend you, learning daily in our school, that therefore we learn things because we know them not, and are not allowed to say, We know not those things, or, We think they be not good, and therefore we will not learn them. Sister, you must think nothing can commend you more than reason, according to the which you have been hitherto used; and now, for very love, we will offer you reason ourself. If you are persuaded in conscience to the contrary of our laws, you or your persuaders shall freely be suffered to say what you or they can, so that you will hear what shall be said again.

    In this point, you see, I pretermit my estate, and talk with you as your brother rather than your supreme lord and king. Thus should you, being as well content to hear of your opinions as you are content to hold them, in the end thank us as much for bringing you to light, as now, before you learn, you are loth to see it. And if thus much reason with our natural love shall not move you, whereof we would be sorry, then must we consider the other part of your fault, which is the offense of our laws. For though, hitherto, it hath been suffered in hope of amendment, yet now, if hope be none, how shall there be sufferance? Our charge is to have the same care over every man’s estate, that every man ought to have over his own.

    And in your own house as you would be loth openly to suffer one of your servants, being next you, most manifestly to break your orders, so must you think in our state it shall miscontent us to permit you, so great a subject, not to keep our laws. Your nearness to us in blood, your greatness in estate, the condition of this time, maketh your fault the greater. The example is unnatural, that our sister should do less for us than our other subjects. The cause is slanderous, for so great a personage to forsake our majesty.

    Finally, it is too dangerous in a troublesome commonwealth, to make the people to mistrust a faction. We be young, you think, in years to consider this. Truly, sister, it troubleth us somewhat the more; for it may be, this evil, suffered in you, is greater than we can discern; and so we be as much troubled because we doubt whether we see the whole peril, as we be for that we see. Indeed we will presume no further than our years give us; that is, in doubtful things not to trust our own wits, but in evident things we think there is no difference. If you should not do as other subjects do, were it not evident that therein you should not be a good subject?

    Were it not plain, in that case, that you should use us not as your sovereign lord? Again, if you should be suffered to break our laws manifestly, were it not a comfort for others so to do? and if our law be broken, and contemned, where is our estate? These things be so plain, as we could almost have judged them six years past; and indeed it grieveth us not a little, that you, who should be our most comfort in our young years, should alone give us occasion of discomfort. Think you not but it must needs trouble us? and if you can so think, you ought, sister, to amend it. Our natural love towards you, without doubt, is great; and therefore diminish it not yourself. If you will be loved by us, show some token of love towards us, that we say not with the Psalm, ‘ Mala pro bonis mihi reddiderunt.’ If you will be believed, when by writing you confess us to be your sovereign lord, hear that which in other things is often alleged, ‘Ostende mihi fidem tuam ex factis tuis.’

    In the answer of your letter to our council, we remember you stick only upon one reason divided into two parts. The first is, that in matters of religion your faith is none other, but as all Christendom doth confess. The next is, you will assent to no alteration; but wish things to stand as they did at our father’s death. If you mean, in the first, to rule your faith by that you call Christendom, and not by this church of England wherein you are a member, you shall err in many points, such as our father and yours would not have suffered, whatsoever you say of the standing-still of things as they were left by him. The matter is too plain to write what may be gathered (and too perilous) to be concluded against you. For the other part, if you like no alteration by our authority, of things not altered by our father, you should do us too great an injury. We take ourself, for the administration of this our commonwealth, to have the same authority which our father had, diminished in no part, neither by example of Scripture, nor by universal laws. The stories of Scripture be so plenteous, as almost the best ordered church of the Israelites was by kings younger than we be. Well, sister, we will not in these things interpret your writings to the worst; Love and Charity shall expound them. But yet you must not thereby be bold to offend in that whereunto, you see, your writings might be wrested. To conclude; we exhort you to do your duty, and if any impediment be thereof, not of purpose, you shall find a brotherly affection in us to remedy the same. To teach and instruct you, we will give order; and so procure you to do your duty willingly, that you shall perceive you are not used merely as a subject, and only commanded, but as a daughter, a scholar, and a sister, taught, instructed and persuaded: for the which cause, when you have considered this our letter, we pray you that we may shortly hear from you.

    THE LADY MARY, TO THE KING’S MOST EXCELLENT MAJESTY, FEBRUARY 3D, 1550.

    My duty most humbly remembered to your majesty, please it the same to understand that I have received your letters by Master Throgmorton this bearer: the contents whereof do more trouble me than any bodily sickness, though it were even to the death; and the rather for that your highness doth charge me to be both a breaker of your laws, and also an encourager of others to do the like. I most humbly beseech your majesty to think, that I never intended towards you otherwise than my duty compelleth me unto: that is, to wish your highness all honor and prosperity, for the which I do and daily shall pray. And whereas it pleaseth your majesty to write, that I make a challenge of a promise made otherwise than it was meant, the truth is, the promise could not be denied before your majesty’s presence at my last waiting upon the same. And although, I confess, the ground of faith (whereunto I take reason to be but an handmaid), and my conscience also, hath and do agree with the same, yet, touching that promise, for so much as it hath pleased your majesty (God knoweth by whose persuasion) to write, ‘it was not so meant;’ I shall most humbly desire your highness to examine the truth thereof indifferently, and either will your majesty’s ambassador, now being with the emperor, to inquire of the same, if it be your pleasure to have him move it, or else to cause it to be demanded of the emperor’s ambassador here, although he were not within this realm at that time. And thereby it shall appear, that in this point I have not offended your majesty, if it may please you so to accept it. And albeit your majesty (God be praised) hath at these years as much understanding and more, than is commonly seen in that age, yet, considering you do hear but one part (your highness not offended), I would be a suitor to the same, that till you were grown to more perfect years, it might stand with your pleasure to stay in matters touching the soul. So, undoubtedly, should your majesty know more, and hear others, and nevertheless be at your liberty, and do your will and pleasure.

    And whatsoever your majesty hath conceived of me, either by letters to your council, or by their report, I trust in the end to prove myself as true to you, as any subject within your realm; and will by no means stand in argument with your majesty, but in most humble wise beseech you, even for God’s sake, to suffer me, as your highness hath done hitherto. It is for no worldly respect I desire it, God is my judge; but rather than to offend my conscience, I would desire of God to lose all that I have, and also my life; and, nevertheless, live and die your humble sister and true subject.

    Thus, after pardon craved of your majesty for my rude and bold writing, I beseech Almighty God to preserve the same in honor, with as long continuance of health and life, as ever had noble king.

    From Beaulieu, the third of February.

    Your majesty’s most humble and unworthy sister, Mary .

    THE LADY MARY TO THE LORDS OF THE COUNCIL, THE 4TH OF DECEMBER, 1550.

    My lords, your letters dated the second of this present were delivered unto me the third of the same: and whereas you write that two of my chaplains, doctors Mallet and Barkly, be indicted for certain things committed by them contrary to the king’s majesty’s laws, and process for them also awarded forth, and delivered to the sheriff of Essex; I cannot but marvel they should be so used, considering it is done, as I take it, for saying mass within my house: and although I have been, of myself, minded always, and yet am, to have mass within my house; yet I have been advertised that the emperor’s majesty hath been promised, that I should never be unquieted nor troubled for my so doing, as some of you, my lords, can witness. Furthermore, besides the declaration of the said promise made to me by the emperor’s ambassador that dead is, from his majesty, to put my chaplains more out of fear, when I was the last year with the king’s majesty my brother, that question was then moved, and could not be denied, but affirmed by some of you before his majesty to be true; being not so much unquieted for the trouble of my said chaplains, as I am to think how this matter may be taken, the promise to such a person being no better regarded. And for mine own part, I thought full little to have received such ungentleness at your hands, having always (God is my judge) wished unto the whole number of you as to myself; and have refused, to trouble, you, or to crave any thing at your hands, but your good will and friendship, which very slenderly appeareth in this matter. Notwithstanding, to be plain with you, howsoever ye shall use me or mine, with God’s help I will never vary from mine opinion touching my faith. And if ye, or any of you, bear me the less good will for that matter, or faint in your friendship towards me only for the same, I must and will be contented, trusting that God will in the end show his mercy upon me; assuring you, I would rather refuse the friendship of all the world (whereunto I trust I shall never be driven), than forsake any point of my faith. I am not without some hope that ye will stay this matter, not enforcing the rigor of the law against my chaplains. The one of them was not in my house these four months, and Dr.

    Mallet, having my license, is either at Windsor, or at his benefice, who, as I have heard, was indicted for saying mass out of my house; which was not true. But indeed, the day before my removing from Woodham Walter, my whole household in effect being gone to Newhall, he said mass there by mine appointment. I see and hear of divers that do not obey your statutes and proclamations, and nevertheless escape without punishment. Be ye judges if I be well used, to have mine punished by rigor of a law, besides all the false bruits that ye have suffered to be spoken of me. Moreover, my chaplain Dr. Mallet, besides mine own commandment, was not ignorant of the promise made to the emperor, which did put him out of fear. I doubt not, therefore, but ye will consider it as, by that occasion, no piece of friendship be taken away, nor I to have cause but to bear you my good will, as I have done heretofore: for albeit I could do you little pleasure, yet of my friendship ye were sure, as, if it had lien in my power, ye should have well known. Thus, with my hearty commendations to you all, I pray Almighty God to send you as much of his grace, as I would wish to mine own soul.

    From Beaulieu, the 4th of December.

    Your assured friend to my power, Mary .

    THE COUNCIL TO THE LADY MARY, THE 25TH OF DECEMBER, 1550.

    After our due commendations to your grace. By your letters to us, as an answer to ours, touching certain process against two of your chaplains, for saying mass against the law and statute of the realm, we perceive both the offense of your chaplains is otherwise excused than the matter may bear, and also our good wills otherwise misconstrued than we looked for. And for the first part, whereas your greatest reason to excuse the offense of a law, is a promise made to the emperor’s majesty, whereof you write, that first some of us be witnesses; next, that the ambassador for the emperor declared the same unto you; and lastly, that the same promise was affirmed to you before the king’s majesty at your last being with him: we have thought convenient to repeat the matter from the beginning, as it hath hitherto proceeded; whereupon it shall appear how evidently your chaplains have offended the law, and you also mistaken the promise. The promise is but one in itself, but by times thrice as you say repeated: of which times, the first is chiefly to be considered, for upon that do the other two depend.

    It is very true the emperor made request to the king’s majesty, that you might have liberty to use the mass in your house, and to be as it were exempted from the danger of the statute: to which request divers good reasons were made, containing the discommodities that should follow the grant thereof, and means devised rather to persuade you to obey and receive the general and godly reformation of the whole realm, than by a private fancy to prejudice a common order. But yet, upon earnest desire and entreaty made in the emperor’s name, thus much was granted, that for his sake and your own also, it should be suffered and winked at, if you had the private mass used in your own closet for a season, until you might be better informed, whereof there was some hope, having only with you a few of your own chamber, so that for all the rest of your household the service of the realm should be used, and none other: further than this the promise exceeded not. And, truly, such a matter it then seemed to some of us, as indeed it was, that well might the emperor have required of the king’s majesty a matter of more profit, but of more weight or difficulty to be granted, his majesty could not. After this grant in words, there was, by the ambassador now dead, oftentimes desired some writing, as a testimony of the same. But that was ever denied; not because we meant to break the promise, as it was made, but because there was daily hope of your reformation.

    Now to the second time: you say, the emperor’s ambassador’s declaration made mention of a promise to you. It might well so be; but, we think, no otherwise than as it appeareth before written. If it were his fault, it was to declare more than he heard: ours it may not be, that deny not what we have said. As for the last time, when ye were with the king’s majesty, the same some of us (whom by these words your letter noteth) do well remember, that no other thing was granted to you in this matter, but as the first promise was made to the emperor; at which time you had too many arguments made to approve the proceedings of the king’s majesty, and to condemn the abuse of the mass, to think, that where the private mass was judged ungodly, there you should have authority and ground to use it. About the same time, the ambassador made means to have some testimony of the promise under the great seal; and that not being heard, to have it but by a letter; and that, also, was not only denied, but divers good reasons alleged, that he should think it denied with reason, and so to be contented with an answer. It was told him, in reducing that which was commonly called the mass to the order of the primitive church and the institution of Christ, the king’s majesty and his whole realm had their consciences well quieted; against the which if any thing should be willingly committed, the same should be taken as an offense to God, and a very sin against a truth known. Wherefore, to license by open act such a deed, in the conscience of the king’s majesty and his realm, were even a sin against God. The most that might herein be borne, was, that the king’s majesty might, upon hope of your grace’s reconciliation, suspend the execution of his law, so that you would use the license as it was first granted. Whatsoever the ambassador hath said to others, he had no other manner of grant from us; nor, having it thus granted, could allege any reason against it.

    And whereas in your letter your grace noteth us as breakers of the promise made to the emperor, it shall appear who hath broken the promise: whether we, that have suffered more than we licensed; or you, that have transgressed that which was granted. Now, therefore, we pray your grace confer the doings of your chaplains with every point of the premises; and, if the same cannot be excused, then think also how long the law hath been spared. If it prick our consciences somewhat, that so much should be used as by the promise you may claim, how much more should it grieve us to license more than you can claim? And yet could we be content to bear a great burden to satisfy your grace, if the burden pressed not our consciences so much as it doth; whereof we must say as the apostle said, ‘Gloriatio nostra est haec, testimonium conscientiae nostrae.’

    For the other part of your grace’s letter, by the which we see you misconstrue our good wills in writing to you, howsoever the law bad proceeded against your chaplains, our order in sending to you was to be liked, and therein, truly, had we special regard of your grace’s degree and estate. And, because the law itself respecteth not persons, we thought to give respect to you, first signifying to you what the law required, before it should be executed; that, being warned, your grace might either think no strangeness in the execution, or for an example of obedience cause it to be executed yourself. Others we see perplexed with suddenness of matters: your grace we would not have unwarned, to think any thing done on a sudden. Truly we thought it more commendable for your grace to help the execution of a law, than to help the offense of one condemned by law. And in giving you knowledge what the king’s laws required, we looked for help in the execution, by you the king’s majesty’s sister. The greater personage your grace is, the nigher to the king, so much more ought your example to further his laws: for which cause it hath been called a good commonwealth where the people obeyed the higher estates, and they obeyed the laws. As nature hath joined your grace to the king’s majesty to love him most entirely, so hath reason and law subdued you to obey him willingly. The one and the other we doubt not but your grace remembereth: and as they both be joined together in you his majesty’s sister, so, we trust, you will not sever them; for indeed your grace cannot love him as your brother, but you must obey his majesty as his subject.

    Example of your obedience and reverence of his majesty’s laws, is instead of a good preacher to a great number of his majesty’s subjects, who, if they may see in you negligence of his majesty, or his laws, will not fail, but follow on hardly; and then their fault is not their own but yours, by example; and so may the king’s majesty, when he shall come to further judgment, impute the fault of divers evil people (which thing God forbid) to the sufferance of your grace’s doings. And therefore we most earnestly, from the depth of our hearts, desire it, that as nature hath set your grace nigh his majesty by blood, so your love and zeal to his majesty will further his estate by obedience.

    In the end of your letter two things be touched, which we cannot pretermit; the one is, you seem to charge us, with permission of men to break laws and statutes. We think indeed it is too true, that laws and proclamations be broken daily, the more pity it is; but, that we permit them, we would be sorry to have it proved. The other is, that we have suffered bruits to be spoken of you: and that also must be answered as the other. It is pity to see men so evil, as whom they may touch with tales and infamies they care not, so they miss not the best. Such is the boldness of people, that neither we can fully bridle them to raise tales of you, nor of ourselves. And yet, whensoever any certain person may be gotten, to be charged with any such, we never leave them unpunished. Indeed the best way is, both for your grace, and us also, that when we cannot find and punish the offender, let us say as he said that was evil spoken of, ‘Yet will I so live, as no credit shall be given to my backbiters.’

    Certainly, if we had credited any evil tale of your grace, we would friendly have admonished you thereof; and so also proceeded, as either the tale-tellers should have been punished, or else to have proved their tales. And, therefore, we pray your grace to think no unkindness in us, that any evil bruits have been spread by evil men; but think rather well of us, that, howsoever they were spread, we believed them not.

    Hitherto your grace seeth we have written, somewhat at length, of the promise made to you, and our meanings in our former writings.

    And now, for the latter part of our letter, we will, as briefly as we can, remember to you the special matters, whereof the one might suffice to reform your proceedings; and both together, well considered, we trust shall do your grace much good. The one is, the truth of that you be desired to follow; the other is, the commodity that thereby shall ensue. They both make a just commandment, and, because of the first the latter followeth, that first shall be entreated of. We hear say, your grace refuseth to hear any thing reasoned contrary to your old determination; wherein you may make your opinion suspicious, as that you are afraid to be dissuaded. If your faith in things be of God, it may abide any storm or weather; if it be but of sand, you do best to eschew the weather.

    That which we profess, hath the foundation in Scriptures upon plain texts and no glosses, the confirmation thereof by the use in the primitive church, not in this latter corrupted. And indeed our greatest change is not in the substance of our faith; no, nor in any one article of our creed; only the difference is, that we use the ceremonies, observations, and sacraments of our religion, as the apostles and first fathers in the primitive church did. You use the same that corruption of time brought in, and very barbarousness and ignorance nourished; and seem to hold for custom against the truth, and we for truth against custom.

    Your grace, in one or two places of your letter, seemeth to speak earnestly in the maintenance of your faith, and therein (so that your faith be according to the Scriptures)we must have the like opinion. The saying is very good, if the faith be sound. But, if every opinion your grace hath (we cannot tell how conceived) shall be your faith, you may be much better instructed. St. Paul teacheth you, that faith is by the word of God; and it was a true saying of him that said, ‘Non qui cuivis credit fidelis est, sed qui Deo.’ For where hath your grace ground for such a faith, to think common prayer in the English church should not be in English, that images of God should be set up in the church, or that the sacrament of Christ’s body and blood should be offered by the priests for the dead; yea, or that it should be otherwise used than by the Scripture it was instituted? Though you have no Scripture to maintain them, we have evident Scriptures to forbid them. And although fault may be found, that of late baptism hath been used in your grace’s house, contrary to law, and utterly without license, yet is it the worse, that contrary to the primitive church, it hath been in an unknown tongue, by the which the best part of the sacrament is unused, and as it were a blind bargain made by the godfathers in a matter of illumination: and thus in the rest of the things in which your grace differeth from the common order of the realm, where have you ground or reason but from custom, which, oftentimes, is mother of many errors? And although in civil things she may be followed, where she causeth quiet, yet not in religious, where she excuseth no error, as in Leviticus it is said, ‘Ye shall not do after the custom of Egypt, wherein ye dwelled, nor after the custom of Canaan; no, you shall not walk in their laws, for I am your Lord God, keep you my laws and commandments.

    The points wherein your grace differeth in your faith, as you call it, may be showed where, when, how, and by whom, they began, since the gospel was preached, the church was planted, and the apostles martyred; at which time your faith depended upon the Scripture, and otherwise there was no necessity to believe. For, as Jerome saith, 10 ‘Quod de scripturis non habet auctoritatem, eadem facilitate contemnitur qua probatur.’ And because your grace, as we hear say, readeth sometimes the doctors, we may allege unto you two or three places of other principal doctors. Augustine saith, ‘Cum Dominus tacuerit, quis nostrum dicat, illa vel illa sunt: aut si dicere audeat, unde probat?’ And Chrysostome’s saying is not unlike: ‘Multi, inquit, jactant Spiritum Sanctum; sed qui propria loquuntur, falso illum praetendunt.’ And if you will take their meaning ‘plato,’ read the fifth chapter of the first book of ‘Ecclesiastica historia;’ and where Constantine had these words in the council,11 ‘In disputationibus, inquit, rerum divinarum habetur praescripta Spiritus Sancti doctrina; evangelici et apostolici libri cum prophetarum oraculis plene nobis ostendunt sensum Numinis; proinde, discordia posita, sumamus ex verbis Spiritus quaestionum explicationes.’ What plainer sayings may be than these, to answer your fault? Again too, infinite it were to remember your grace of the great number of particular errors (crept into the church), whereupon you make your foundation. The fables of false miracles and lewd pilgrimages may somewhat teach you. Only this we pray your grace to remember with yourself, the two words that the Father said of his Son Jesus Christ, ‘Ipsum audite.’

    To the second point, of the commodity that may follow your obedience, we, having by the king’s authority in this behalf the governance of this realm, must herein be plain with your grace. And if our speech offend in the same, then must your grace think it is our charge and office to find fault where it is, and our part to amend it as we may. Most sorry truly we be, that your grace, whom we should otherwise honor for the king’s majesty’s sake, by your own deeds should provoke us to offend you; we do perceive great discommodity to the realm by your grace’s singularity (if it may be so named) in opinion; and in one respect, as you are sister to our sovereign lord and master, we most humbly beseech your grace to show your affection continually towards him, as becometh a sister.

    And as your grace is a subject, and we councilors to his majesty’s estate, we let you know that the example of your grace’s opinion hindereth the good weal of this realm, which thing we think is not unknown to you; and, if it be, we let your grace know it is too true.

    For God’s sake we beseech your grace, let nature set before your eyes the young age of the king your brother: let reason tell you the looseness of the people. How then can you, without a wailing heart, think that you should be the cause of disturbance? If your grace see the king, being the ordinary ruler under God, not only of all others in the realm, but of you also, call his people by ordinary laws one way, with what heart can your grace stay yourself without following; much worse to stay others that would follow their sovereign lord? Can it be a love in you to forsake him, his rule and law, and take a private way by yourself? if it be not love, it is much less obedience. If your grace think the king’s majesty to be over his people, as the head in a man’s body is over the rest, not only in place but in dignity and science, how can you, being a principal member in the same body, keep the nourishment from the head?

    We pray your grace most earnestly, think this thing so much grieveth us, as for our private affection and good wills to you though we should dissemble, yet for our public office we cannot but plainly inform your grace, not doubting but that your wisdom can judge what our office is, and, if it were not your own cause, we know your grace by wisdom could charge us, if we suffered the like in any other. Truly every one of us apart honoreth your grace for our master’s sake, but when we join together in public service, as in this writing we do, we judge it not tolerable, to know disorder, to see the cause, and leave it unamended. For though we would be negligent, the world would judge us. And therefore we do altogether eftsoons require your grace, in the king’s majesty’s name, that if any of your two chaplains, Mallet or Barkley, be returned, or as soon as any of them shall return to your grace’s house, the same may be, by your grace’s commandment or order, sent and delivered to the sheriff of Essex, who hath commandment from the king’s majesty, by order of the law and of his crown, to attach them; or, if that condition shall not like your grace, yet that then he may be warned from your grace’s house, and not kept there, to be as it were defended from the power of the law. Which thing we think surely neither your grace will mean, nor any of your council assent thereto.

    And so, to make an end of our letter, being long for the matter, and hitherto deferred for our great business, we trust your grace first seeth how the usage of your chaplains differeth from the manner of our license, and what good intent moved us to write to you in our former letters; lastly, that the things whereunto the king and the whole realm hath consented, be not only lawful and just by the policy of the realm, but also just and godly by the laws of God. So that if we, which have charge under the king, should willingly consent to the open breach of them, we could neither discharge ourselves to the king for our duties, neither to God for our conscience; the consideration of which things we pray Almighty God, by his holy Spirit, to lay in the bottom of your heart, and thereupon to build such a profession in you, as both God may have his true honor, the king his due obedience, the realm concord, and we most comfort. For all the which we do heartily pray, and therewith, for the continuance of your grace’s health to your heart’s desire.

    From Winchester, the 25th of December, 1550.

    THE LADY MARY TO THE LORDS OF THE COUNCIL, THE 2D OF MAY, My lords, after my hearty commendations to you, although both I have been and also am, loth to trouble you with my letters, yet nevertheless the new which I have lately heard touching my chaplain, Dr. Mallet, forceth me there unto at this present; for I hear, by credible report, that you have committed him to the Tower, which news seems to me very strange. Notwithstanding I thought it good by these to desire you to advertise me what is the cause of his imprisonment, assuring you I would be sorry that any of mine should deserve the like punishment, and there is no creature within the king’s majesty’s realm would more lament, that any belonging to them should give just cause so to be used, than I would do; who would have thought much friendship in you if you had given me knowledge wherein my said chaplain had offended, before you had ministered such punishment unto him, eftsoons requiring you to let me know by this bearer the truth of the matter.

    And thus, thanking you for the short dispatch of the poor merchant of Portugal, I wish to you all no worse than to myself, and so bid you farewell.

    From Beaulieu, the 2d of May.

    Your friend to my power, Mary , THE COUNCIL TO THE LADY MARY, THE 6TH OF MAY, 1551.

    After our humble commendations to your grace: we have received your letters of the second of this month, by the which your grace seemeth to take it strangely that Dr. Mallet is committed to prison, whereof we have the more marvel, seeing it hath been heretofore signified unto you, that he hath offended the king’s majesty’s laws, and was therefore condemned; and your grace hath been by our letters earnestly desired, that he might be delivered to the sheriff of Essex, according to the just process of the law, to the which all manner of persons of this realm be subject. Wherefore, howsoever it seem strange at this time to your grace, that he is imprisoned, it may seem more strange to others that he hath escaped it thus long; and, if the place, being the Tower, move your grace not to impute his imprisonment to his former offense, then we pray your grace to understand that indeed it is for the very same, and the place of the imprisonment to be at the king’s majesty’s pleasure, from whom, besides the charge of his laws, we have express commandment to do that we do. And so we beseech your grace to think of us, that neither in this case, nor in any other, we mean to do any other than minister, and see, as much as in our power lieth, justice ministered indifferently to all persons. Which doing, then, we think, your grace should not think it any lack of friendship that we did not certify you of the offense of your chaplain, although indeed the cause hath already been certified. And we trust your grace, both of your natural nearness to the king’s majesty, and your own good wisdom, will not mislike our ministry in the execution of the laws of the realm, and the pleasure of the king’s majesty. So we wish to your grace, from the bottom of our heart, the grace of Almighty God, with the riches of his holy gifts.

    THE LADY MARY TO THE COUNCIL, THE 11TH OF MAY, 1551.

    My lords, it appeareth by your letters of the sixth of this present, which I have received, that the imprisonment of my chaplain, Dr.

    Mallet, is for saying of mass; and that he was condemned for the same. Indeed, I have heard that he was indicted, but never condemned. Nevertheless I must needs confess and say, that he did it but by my commandment; and I said unto him, that none of my chaplains should be in danger of the law for saying mass in my house. And thereof to put him out of doubt, the emperor’s ambassador that dead is, declared unto him before that time, how and after what sort the promise was made to his majesty, whereby it appeareth that the man hath not in that willingly offended.

    Wherefore I pray you to discharge him of imprisonment, and set him at liberty. If not, ye minister cause not only to him, but to others, to think that I have declared more than was true; which I would not wittingly do, to gain the whole world. And herein, as I have often said, the emperor’s majesty can be best judge; and, to be plain with you, according to mine old custom, there is not one amongst the whole number of you all, that would be more loth to be found untrue of their word than I. And well I am assured, that none of you have found it in me. My lords, I pray you seek not so much my dishonor as to disprove my word, whereby it shall appear too plain, that you handle me not well. And if you have cause to charge my chaplain for this matter, lay that to me, and I will discharge it again, by your promise made to the emperor’s majesty, which you cannot rightfully deny; wishing rather that you had refused it in the beginning, than, after such promise made, and to such a person, to seem to go from it; which, my lords, as your very friend I heartily desire you to consider, and to give me no cause to think you otherwise than my friends, considering I have always, and yet do (God is my judge) wish to you all no worse, neither in souls nor bodies, than to myself. And so, with my hearty commendations, I commit you all to God. From Beaulieu, the 11th of May.

    Your assured friend to my power, Mary .

    THE COUNCIL TO THE LADY MARY, THE 27TH OF MAY, 1551.

    After our due commendations to your grace: although the same receiveth not answer so soon as perchance was looked for upon the return of your grace’s servant, yet we doubt not but your grace understandeth, that, whereas we have matters of estate pertaining to the king’s majesty in hand (as indeed we have had of late), the deferring of the answer, in a matter being no greater, requireth to be borne withal. And touching the answer of your grace’s letter for Dr. Mallet, we pray your grace to understand, that although you write, ‘he was indicted, but not condemned,’ and so seem to take exception at the manner of his imprisonment; yet, if they which informed your grace of that manner of reason in the law, were as well disposed to please your grace with truth, as the reason indeed is not true, then should they have told your grace, that, by the act of parliament, if either Mallet hath been convicted by the oaths of twelve men, or that the fact have been notorious, then the punishment doth follow justly. The truth of the one and the other way of conviction in this case is notorious enough, besides his flying from the process of the law.

    And whereas your grace, to relieve him, would take the fault upon yourself, we are sorry to perceive your grace so ready to be a defense to one that the king’s law doth condemn. Nevertheless, he is not punished because your grace bade him and willed him to do that which was an offense, but he is punished for doing it. And if we should not so see the king’s laws executed without respect, it might appear that we have too much neglected our duty; and for that your grace taketh it as a discredit to yourself, that he should be punished for that you bade him do, alleging to him that you had authority so to do, and that so promise was made to the emperor, it hath been both written and said to your grace what is truth in that behalf. And howsoever that your grace pretendeth your license to have mass said before yourself, for a time of your reconciliation, it had been far out of reason to have desired that whosoever was your chaplain, might say mass in any house that was yours, when your grace’s self was not there: for so is Dr. Mallet’s offense, for saying mass at one of your houses where your grace was not, which thing as it was never granted, so do we not remember that ever it was demanded. The suit that hath been at any time made, either by the emperor’s ambassador that dead is, or by him that now is, was never but in respect of your grace, and not to be taken that the emperor or his ambassador meant to privilege Master Doctor Mallet, or any other, to say mass out of your presence.

    Wherefore, as we do plainly write to your grace, so we do pray you to take it in good part, and think we be as ready to do our due reverence towards your grace in any thing we may do with our duty to our master, as any your grace may command; and of such wisdom we know your grace to be, that ye should judge the better of us, for that we be diligent to see the laws of the realm executed, wherein resteth the strength and safeguard of the king’s majesty, our sovereign lord and master.

    THE LADY MARY TO THE LORDS OF THE COUNCIL, THE 21ST OF JUNE, 1551.

    My lords, although I received by my servant, this bearer (who lately delivered unto you my letters, wherein I desired to have my chaplain Dr. Mallet discharged of his imprisonment), your gentle message in general words, for the which I give you most hearty thanks; yet have I no knowledge whether you will set him at liberty or no; but I think that your weighty affairs at that time was the let and cause ye did not write, for else I doubt not but ye would have answered me. Wherefore not being satisfied, and understanding ye would gladly pleasure me, I thought good eftsoons to desire you that my said chaplain may have his liberty, wherein I assure you ye shall much gratify me, being not a little troubled that he is so long in prison without just cause, seeing the matter of his imprisonment is discharged by the promise made to the emperor’s majesty, as in my late letter I declared unto you.

    Wherefore, my lords, I pray you let me have knowledge by this bearer, how ye will use me in this matter; wherein if ye do pleasure me accordingly, then shall it well appear that ye regard the aforesaid promise, and I will not forget your gentleness therein, God willing, but requite it to my power. And thus, with my hearty commendations to you all, I bid you farewell.

    From Beaulieu, the 21st of June.

    Your assured friend to my power, Mary .

    THE COUNCIL TO THE LADY MARY, THE 24TH OF JUNE, 1551.

    After our humble commendations to your grace: we have received your grace’s letter of the 21st hereof, wherein is received the same request that in your former letters hath been made for the release of Dr. Mallet; and therein also your grace seemeth to have looked for the same answer of your former letter, the which indeed partly was omitted (as your grace conjectureth) by the reason of the king’s majesty’s affairs, wherewith we be thoroughly occupied: partly for that we had no other thing to answer than you had heretofore heard in the same matter. And therefore whereas your grace desireth a resolute answer, we assure the same we be right sorry for the matter, and that it should be your grace’s chance to move it, sith we cannot, with our duties to the king’s majesty, accomplish your desire. So necessary a thing it is to see the laws of the realm executed indifferently in all manner of persons, and in these cases of contempt of the ecclesiastical orders of this church of England, that the same may not, without the great displeasure of God, and the slander of the state, be neglected: and therefore your grace may please to understand, that we have not only punished your chaplain, but all such others whom we find in like case to have disobeyed the laws of the king’s majesty. And touching the excuse your grace oftentimes useth, of a promise made, we assure your grace, none of us all, nor any other of the council, as your grace hath been certified, hath ever been privy to any such promise, otherwise than hath been written. And in that matter your grace had plain answer both by us of the king’s majesty’s council, at your being last in his majesty’s presence; and therein also your grace might perceive his majesty’s determination; whereunto we beseech your grace not only to incline yourself, but also to judge well of us that do addict ourselves to do our duties. And so also shall we be ready to do, with all our hearts, our due reverence toward your grace, whose preservation we commend to Almighty God with our prayer.

    THE LADY MARY TO THE KING’S MAJESTY 10 , THE 19TH OF AUGUST, 1551.

    My duty most humbly remembered to your majesty: it may please the same to be advertised, that I have received by my servants your most honorable letters, the contents whereof do not a little trouble me; and so much the more, for that any of my said servants should move or attempt me in matters touching my soul, which I think, the meanest subject within your highness’s realm could evil bear at their servants’ hands; having, for my part, utterly refused heretofore to talk with them in such matters, and of all other persons least regarded them therein, to whom I have declared what I think, as she which trusted that your majesty would have suffered me, your poor sister and beadswoman, to have used the accustomed mass, which the king, your father and mine, with all his predecessors, did evermore use: wherein also I have been brought up from my youth. And thereunto my conscience doth not only bind me, which by no means will suffer me to think one thing, and do another, but also the promise made to the emperor by your majesty’s council was an assurance to me, that in so doing I should not offend the laws, although they seem now to qualify and deny the thing. And at my last waiting upon your majesty, I was so bold to declare my mind and conscience in the same, and desired your highness, rather than you should constrain me to leave mass, to take away my life; whereunto your majesty made me a very gentle answer.

    And now I most humbly beseech your highness, to give me leave to write what I think touching your majesty’s letters. Indeed, they be signed with your own hand, and nevertheless (in mine opinion) not your majesty’s in effect, because it is well known (as heretofore I have declared in the presence of your highness), that although, our Lord be praised, your majesty hath far more knowledge and greater gifts than others of your years, yet it is not possible that your highness can at these years be a judge in matters of religion; and therefore I take it that the matter in your letters proceedeth from such as do wish those things to take place which be most agreeable to themselves, by whose doings, your majesty not offended, I intend not to rule my conscience. And thus, without molesting your highness any further, I humbly beseech the same, even for God’s sake, to bear with me as you have done; and not to think that by my doings or example any inconvenience might grow to your majesty or your realm; for I use it not after such sort: putting no doubt but in time to come, whether I live or die, your majesty shall perceive that mine intent is grounded upon a true love towards you, whose royal estate I beseech Almighty God long to continue, which is and shall be my daily prayer, according to my duty. And, after pardon craved of your majesty for these rude and bold letters, if neither at my humble suit, nor for the regard of the promise made to the emperor, that your highness will suffer and bear with me as you have done, till your majesty may be a judge herein yourself, and rightly understand their proceedings (of which your goodness yet I despair not): otherwise, rather than to offend God and my conscience, I offer my body at your will; and death shall be more welcome than life with a troubled conscience: most humbly beseeching your majesty to pardon my slowness in answering your letters; for mine old disease would not suffer me to write any sooner. And thus I pray Almighty God, to keep your majesty in all virtue and honor, with good health and long life to his pleasure.

    From my poor house at Copped-Hall, the 19th of August.

    Your majesty’s most humble sister, Mary .

    THE KING’S ANSWER TO THE LADY MARY, THE 24TH OF AUGUST, 1551.

    Right dear and right entirely beloved sister, we greet you well, and let you know that it grieveth us much to perceive no amendment in you, of that which we, for God’s cause, your soul’s health, our conscience, and the common tranquillity of our realm, have so long desired; assuring you that our sufferance hath much more demonstration of natural love, than contentation of our conscience, and foresight of our safety. Wherefore, although you give us occasion, as much almost as in you is, to diminish our natural love; yet we he loth to feel it decay, and mean not to be so careless of you as we be provoked.

    And therefore, meaning your weal, and therewith joining a care not to be found guilty in our conscience to God, having cause to require forgiveness that we have so long, for respect of love toward you, omitted our bounden duty, we send at this present our right trusty and right well-beloved councilor, the lord Rich, chancellor of England, and our trusty and right well-beloved councilors, sir A.W., knight, comptroller of our household, and sir W.P., knight, one of our principal secretaries, in message to you, touching the order of your house, willing you to give them firm credit in those things they shall say to you from us, and do there in our name.

    Given under our signet at our castle of Windsor, the 24th of August, in the fifth year of our reign.

    A COPY OF THE KING’S INSTRUCTIONS, GIVEN TO THE SAID LORD CHANCELLOR, AND TO SIR A.W. AND W.P. KNIGHTS, ETC., THE 24TH OF AUGUST, 1551.

    First, you the said lord chancellor, and your colleagues, shall make your immediate repair to the said lady Mary, giving to her his majesty’s hearty commendations, and show the cause of your coming to be as followeth. Although his majesty hath long time, as well by his majesty’s own mouth and writing; as by his council, travailed that the said lady, being his sister, and a principal subject and member of his realm, should both be indeed, and also show herself, conformable to the laws and ordinances of the realm, in the profession and rites of religion, using all the gentle means of exhortation and advice that could be devised, to the intent that the reformation of the fault might willingly come of herself, as the expectation and desire of his majesty and all good wise men was; yet, notwithstanding, his majesty seeth that hitherto no manner of amendment hath followed, but, by the continuance of the error, and manifest breach of his laws, no small peril consequently may hap to the state of his realm; especially the sufferance of such a fault being directly to the dishonor of God, and the great offense of his majesty’s conscience, and all other good men; and therefore of late, even with the consent and advice of the whole state of his privy council, and divers others of the nobility of his realm, whose names ye may repeat, if you think convenient, his majesty aid resolutely determine it just, necessary, and expedient, that her grace should not, in any wise, use or maintain the private mass, or any other manner of service than such as, by the law of the realm, is authorized and allowed. And, to participate this his majesty’s determination to her grace, it was thought, in respect of a favorable proceeding with herself, to have the same not only to be manifested by her own officers and servants, being most esteemed with her, but also to be executed with them in her house, as well for the quiet proceeding in the very matter, as for the less molesting of her grace with any message by strangers, in that time of her solitariness, whereto her grace was then, by reason of the late sickness. For which purpose her three servants, Rochester, Englefield, and Waldgrave, were sent in message in this manner: first, to deliver his majesty’s letter to her; next to discharge the complaints of saying mass, and prohibiting all the household from hearing any. Wherein the king’s majesty perceiveth upon their own report, being returned to the court, how negligently, and indeed how falsely, they have executed their commandment and charge; contrary to the duty of good subjects, and to the manifest contempt of his majesty. Insomuch as manifestly they have, before his majesty’s council, refused to do that which pertaineth to every true faithful subject, to the offense so far of his majesty, and derogation of his authority, that in no wise the punishment of them could be forborne: and yet, in the manner of the punishment of them, his majesty and his council have such consideration and respect of her person, being his sister, that without doubt his majesty could not with honor have had the like consideration or favor in the punishment of the dearest councilor he hath, if any of them had so offended. And therefore his majesty hath sent you three, not only to declare to her grace the causes of their sending thither of late his officers in message, but also the causes of their absence now presently; and further, in the default of the said officers, to take order, as well with her chaplains, as with the whole household, that his majesty’s laws may be there observed. And in the communication with her, you shall take occasion to answer, in his majesty’s name, certain points of her letter, sent now lately to his majesty; the copy of which letter is now also sent to you to peruse, for your better instruction how to proceed therein. First, her allegation of the promise made to the emperor must be so answered, as the truth of the matter serveth, whereof every of you have heard sufficient testimony divers times in the council.

    For her offering of her body at the king’s will, rather than to change her conscience, it grieveth his majesty much, that her conscience is so settled in error, and yet no such thing is meant of his majesty, nor of any one of his council, once to hurt, or will evil to her body; but, even from the bottom of their heart, they wish to her ‘mentem sanam in corpore sano.’ And therefore ye shall do very well to persuade her grace, that this proceeding cometh only of the conscience the king hath to avoid the offense of God, and of necessary counsel and wisdom to see his laws in so weighty causes executed. Item, because it is thought that Rochester had the care and consideration of her grace’s provision of household, and by his absence the same might be disordered or disfurnished, his majesty hath sent a trusty skillful man of his own household, to serve her grace for the time; who also is sufficiently instructed by Rochester of the state of her things, of household. And if there shall be any thing lacking in the same, his majesty’s pleasure is, that his servant shall advertise his own chief officers of household, to the intent, if the same may be supplied of any store here, or other-where helped conveniently, her grace shall not lack. Item, Having thus proceeded with her grace, as for the declarations of the causes of your coming, ye shall then cause to be called before you the chaplains, and all the rest of the household there present; and, in the king’s majesty’s name, most straitly forbid the chaplains either to say or use any mass or kind of service, other than by the law is authorized. And likewise ye shall forbid all the rest of the company to be present at any such prohibited service, upon pain to be most straitly punished, as worthily falling into the danger of the king’s indignation; and alike charge to them all, that if any such offense shall be openly or secretly committed, they shall advertise some of his majesty’s council. In the which clause ye shall use the reasons of their natural duty and allegiance that they owe as subjects to their sovereign lord, which derogateth all other earthly duties. Item, If you shall find either any of the priests, or any other person, disobedient to this order, ye shall commit them forthwith to prison, as ye shall think convenient. Item, Forasmuch as ye were privy to the determination at Richmond, 12 and there understood how necessary it was to have reformation herein; his majesty, upon the great confidence he hath in your wisdom and uprightness, remitteth to your discretion the manner of the proceeding herein, if any thing shall chance to arise there that in your opinions might, otherwise than according to these instructions, conduce you to the execution of your charge; which, in one sum, is to avoid the use of the private mass, and other unlawful service, in the house of the said lady Mary. Item, Ye shall devise by some means as you may, to have understanding after your departure, how the order you give is observed, and as you shall judge fit, to certify hither. E.S., W.W., I.W., I.B., W.N., W.H., F.H., I.G., T.D., W.C.

    HERE FOLLOWETH THE HISTORY OF THE DOINGS AND ATTEMPTS OF STEPHEN GARDINER, LATE BISHOP OF WINCHESTER, WITH THE PROCESS OF HIS ARTICLES AND EXAMINATIONS UPON THE SAME * Now 2 that we have discoursed the process, doings, and examinations of Edmund Bonner, followeth next in order the Story of Stephen Gardiner bishop of Winchester, in process not much unlike to the other; in stoutness alike arrogant and glorious; in craft and subtlety going before him, although the order and time of his examinations came behind him.

    This Gardiner, having precept and commandment given unto him by the king to preach upon certain points which they had him in suspicion for, in much like sort as Bonner did before, showed himself, in performing the same, both stubborn and willful, as was declared of the other before.

    Whereupon the next day after his sermon ensuing, being arrested by sir Anthony Wingfield and sir Ralph Sadler, knights, accompanied with a great number of the guard, he was committed to the Tower; from whence, at length, he was brought to Lambeth, to his examinations, whereof more shall be said hereafter (Christ permitting) at large. In the mean time to comprehend and collect all things in order, first, we will begin with the beginning of his deserved trouble: how he was committed to keep his house, and afterwards had to the Fleet; and what letters he wrote, as well to others as especially to the lord protector; whose answers again to the said bishop, as many as came to our hands, we have thereto annexed, by the example and copy of which his letters, here being expressed for thee, gentle reader, to peruse, thou mayest easily perceive and understand the proud and glorious spirit of that man, his stubborn contumacy against the king, and malicious rebellion against God and true religion, with sleight and craft enough to defend his peevish purposes.* THE EXAMPLES AND COPIES OF CERTAIN LETTERS WRITTEN BY STEPHEN GARDINER, BISHOP OF WINCHESTER, CONTAINING DIVERS MATTERS NOT UNWORTHY TO BE KNOWN FOR THIS PRESENT HISTORY.

    WINCHESTER TO THE LORD PROTECTOR, IN CONSEQUENCE OF A SERMON OF THE BISHOP OF ST. DAVID’S.

    May it please your grace to understand, that I have noted some points in my lord of St. David’s sermon 4 which I send unto you herewith, whereby to declare unto you some part what I think, for the whole I cannot express. Somewhat I shall encumber you with my babbling, but he hath encumbered some friends more with his tattling. And alas, my lord! this is a piteous case, that having so much business as ye have, these inward disorders should be added unto them, to the courage of such as would this realm any ways evil. For this is the thing they would desire, with hope thereby to disorder this realm, being now a time rather to repair that which needeth reparation, than ‘to make any new buildings which they pretend. Quiet, tranquillity, unity, and concord shall maintain estimation: 5 the contrary may atomate the enemy to attempt that which was never thought on, which God forbid.

    There was never attempt of alteration made in England, but upon comfort of discord at home; and woe be to them that mind it! If my lord of St. David’s, or such others, have their head encumbered with any new platform, I would wish they were commanded, between this and the king’s majesty’s full age, to draw the plat, diligently to hew the stones, dig the sand, and chop the chalk, in the unseasonable time of building; and, when the king’s majesty cometh to full age, to present their labors to him; and, in the mean time, not to disturb the state of the realm, 6 whereof your grace is protector; but that you may, in every part of religion, laws, lands, and decrees (which four contain the state), deliver the same unto our sovereign lord, according unto the trust you be put in; which shall be much to your honor, and as all honest men wish and desire: to which desired effect there can be nothing so noisome and contrarious as trouble and disquiet. Wherein your grace shall be specially troubled, as on whose shoulders all the weight lieth; and whatsoever shall happen amiss by the faults of others, shall be imputed to your grace, as doer thereof, or wanting foresight in time to withstand the same. And albeit that your mind be not faulty in either, yet, if the effect be not to the realm as it were to be wished, the prince, though he were of age, should be excused, and the governors bear the blame. And this is the infelicity of pre-eminence and authority, and specially in this realm, as stories make mention, which should not discourage you, for you need fear nothing without, if quiet be reserved at home; and at home, if the beginning be resisted, the intended folly may easily be interrupted. But if my brother of St. David’s may, like a champion with his sword in his hand, make entry for the rest, the door of license opened, there shall more by folly thrust in with him than your grace would wish. Thus, as I think, I write homely to your grace, because you were content I should write, wherein I consider only to have all things well. And because your grace is the protector and the chief director of the realm, to present unto your wisdom what my folly is, I have been oftentimes blamed for fearing overmuch, and yet I have had an inkling that they that so blamed me, feared even as much as I. Being in the state that you be in, it shall be ever commendable to foresee the worst. In quiet ye be strong, in trouble ye be greatly weak, and bring yourself in danger of one part, when parties be, therewith one to scourge the other: whereas, in concord, they be both yours, in an honest, reverent, lowly fear to do their duty; which, I doubt not, your wisdom can consider, and consider also how noisome any other outward encumber might be, in the time of the minority of our sovereign lord. I told the emperor’s council, that our late sovereign lord did much for the emperor, to enter war with him, and to put his realm in his old days in the adventure of fortune, whether he should enjoy it or no; for that is the nature of war. And sometimes the contemned and abject have had the upper hand. And when ye administer the realm for another, it were a marvelous question of him that shall enjoy the realm to say, What meant you, in the time of administration to adventure my realm? Why took ye not rather, for the time of my minority, any peace, whatsoever it were? which is better than the best war, as some men have written.

    I know you have authority sufficient, and wisdom plenty, and yet, being entered to write, I forget for the time what ye be, and commune with you as I were talking at Brussels with you, devising of the world at large. And if I were sworn to say what I think of the state of the world, I would, for a time, let Scots be Scots, with despair to have them, unless it were by conquest, which shall be a goodly enterprise for our young master, when he cometh to age.

    And, in the meantime, prepare him money for it, and set the realm in an order which it hath need of. 8 And for a stay, if the emperor would offer the daughter of the king of Romans, as he did, do with him in our master’s minority, as he did with us in his, whereby all this hath chanced unto him. And by this alliance your estimation shall increase, and our sovereign lord’s surety not a little increase and be augmented. For of France it must be taken for a rule, ‘They be so wanton, they cannot do well longer than they see how they may be scourged, if they do not.’ Here is all the wit that I have, which I offer unto you upon this occasion of writing, and shall pray God to put into your mind that which shall be for the best, as I trust he will; and, in the mean time, to extinguish this barbarous contention at home, which can serve only to do hurt, and no good. I had fashioned a letter to Master Ridley, 9 which I send unto your grace, and encumber you with these melancholy writings, engendered of this fondness, which be not worth the reading. And so it may like you to use them, for having heard that which ye have said unto me, and otherwise heard and seen what you do, I shall go occupy my wit in other matters; and now such as have found enterprises shall see, that I letted not their follies (which they called God’s word): 10 but for his time the king our sovereign lord that dead is; and after his time you have done much to your honor and reputation; 11 howsoever any shall be here not contented; which miscontentation hath been so fond in some, as they have burst out and wished, that they might, without breach of his laws, kill me; which is to me a token of a marvelous fury, which hath been cause why I am glad both to depart hence, and to depart the sooner, and pray to God to order all things for the best, with preservation of our sovereign lord, and increase of your grace’s honor.

    At my house in Southwark, the last of February.

    Your grace’s humble bead-man, S.W.

    A LETTER OF WINCHESTER TO CAPTAIN VAUGHAN, DATED THE 3D OF MAY, 1547.

    Master Vaughan, after my right hearty commendations: In my last letters to my lord protector, signifying, according to the general commandment by letters given to all justices of peace, the state of this shire, I declared (as I supposed true) the shire to be in good order, quiet, and conformity; for I had not then heard of any alteration in this shire, which the said letters of commandment did forbid. Now of late, within these two days, I have heard of a great and detestable (if it be true that is told me) innovation in the town of Portsmouth, where the images of Christ and his saints have been most contemptuously pulled down, and spitefully handled. Herein I thought good both to write to you and the mayor, the king’s majesty’s chief ministers, as well to know the truth, as to consult with you for the reformation of it, to the intent I may be seen to discharge my duty, and discharging it indeed both to God and to the king’s majesty, under whom I am here appointed to have cure and care to relieve such as be by any ways fallen, and preserve the rest that stand, from, like danger.

    Ye are a gentleman with whom I have had acquaintance, and whom I know to be wise, and esteem to have more knowledge, wisdom, and discretion than to allow any such enormities; and therefore I do the more willingly consult with you herein, with request friendly to know of you the very truth in the matter: who be the doers, and the circumstances of it, and whether ye think the matter so far gone with the multitude, and whether the reproof and disproving of the deed, might, without a further danger, be enterprised in the pulpit or not; minding, if it may so be, to send one thither for that purpose upon Sunday next coming. I would use preaching as it should not be occasion of any further folly where a folly is begun; and to a multitude, persuaded in the opinion of destruction of images, I would never preach: for, as Scripture willeth us, we should cast no precious stones before hogs. Such as be infected with that opinion, they be hogs and worse than hogs 12 (if there be any grosser beasts than hogs be), and have been ever so taken; and in England they are called Lollards, who, denying images, thought therewithal the crafts of painting and graying to be generally superfluous and naught, and against God’s laws.

    In Germany such as maintained that opinion of destroying of images, were accounted the dregs cast out by Luther after he had turned all his brewings in Christ’s religion, and so taken as hog’s meat; for the reproof of whom Luther wrote a book specially: and I have with mine eyes seen the images standing in all churches where Luther was had in estimation. For the destruction of images containeth an enterprise to subvert religion, and the state of the world with it, and especially the nobility, who, by images, set forth and spread abroad, to be read of all people, their lineage and parentage, with remembrance of their state and acts; and the poursuivant carrieth not on his breast the king’s name, written with such letters as a few can spell, but such as all can read be they never so rude, being great known letters in images of three lions, and three fleurs-de-lis, and other beasts holding those arms. And he that cannot read the Scripture written about the king’s great seal, yet he can read St. George on horseback on the one side, and the king sitting in his majesty on the other side; and readeth so much written in those images, as, if he be an honest man, he will put off his cap. And although, if the seal were broken by chance, he would and might make a candle of it, yet he would not be noted to have broken the seal for that purpose, or to call it a piece of wax only, whilst it continueth whole. And if by reviling of stocks and stones, in which matter images be graven, the setting of the truth (to be read of all men) shall be contemned; how shall such writing continue in honor as is comprised in clouts and pitch, whereof and whereupon our books be made, such as few can skill of, and not the hundredth part of the realm? And if we (a few that can read), because we can read in one sort of letters, so privileged as they have many reliefs, shall pull away the books of the rest, and would have our letters only in estimation, and blind all them 11 , shall not they have just cause to mistrust what is meant? And if the cross be a truth, and if it be true that Christ suffered, why may we not have a writing thereof, such as all can read, that is to say, an image? If this opinion should proceed, when the king’s majesty hereafter should show his person, his lively image, the honor due by God’s law among such might continue; but as for the king’s standards, his banners, his arms, they should hardly continue in their due reverence for fear of Lollards’ idolatry, which they gather upon Scripture beastly — not only untruly. The Scripture reproveth false images made of stocks and stones, and so it doth false men made of flesh and bones.

    When the emperor’s money was showed to Christ, wherein was the image of the emperor, Christ contemned not that image calling it an idol, nor noted that money to be against God’s law, because it had an image in it, as though it were against the precept of God, ‘Thou shalt have no graven image;’ but taught them good civility, in calling it the emperor’s image, and bade them use the money as it was ordered to be used, in its right use.

    There is no Scripture that reproveth truth, and all Scripture reproveth falsehood. False writings, false books, false images, and false men, all be naught; to be contemned and despised. As for paper, ink, parchment, stones, wood, bones, A.G. of the chancery hand, and A.B. of the secretary hand, a letter of German fashion, or of any other form, they be all of one estimation, and may be of man, inclining to the devil, used for falsehood, or, applying to God’s gracious calling, used to set forth truth. 13 It is a terrible matter to think that this false opinion conceived against images should trouble any man’s head; and such as I have known vexed with that devil (as I have known some), be nevertheless wondrously obstinate in it; and if they can find one that can spell Latin to help forth their madness, they be more obdurate than ever were the Jews, and slander whatsoever is said to them for their relief. Of this sort I know them to be; and, therefore, if I wist there were many of that sort with you, I would not irritate them by preaching without fruit, but labor for reformation to my lord protector. But if you thought there might be other ways used first to a good effect, I would follow your advice, and proceed with you and the mayor, with both your helps to do that may lie in me to the redress of the matter, which I take to be such an enterprise against Christ’s religion, as there cannot be a greater by man excogitated with the devil’s instigation, and at this time much hurtful to the common estate, as ye can of your wisdom consider; whom I heartily desire and pray to send me answer, by this bearer, to these my letters, to the intent I may use myself in sending of a preacher thither, or writing to my lord protector, as the case shall require accordingly. And thus fare you heartily well.

    From my house at Wolvesey, the 3d of May, 1547. Steph. Winchester.

    A LETTER OF THE LORD PROTECTOR, ANSWERING TO THE SAME.

    After hearty commendations: I received of late two letters from your lordship, the one enclosed in a letter of Master Vaughan’s to us, and directed to him, the other directed strait unto us; very wittily and learnedly written, whereby we do perceive how earnest you are, that no innovations should be had. The which mind of yours, as we do highly esteem and allow, proceeding from one that would quietness, so we would likewise wish, that you should take good heed that too much fear of innovation or disturbance doth not cause both of them to be. Many times in a host, he that crieth ‘Enemies! enemies!’ when there be none, causeth not only disturbance, but sometimes a mutiny or rebellion to be made; and he that for fear of a sickness to come, taketh unadvisedly a purgation, sometimes maketh himself sick indeed. We perceive by the said your letters, that heinouser facts and words have been brought to your ears, than there was cause why; and those facts which were punishable, be already by him redressed.

    For the matter of images, an order was taken in the late king of famous memory our sovereign lord’s days. When the abused images (yet lurking in some places, by negligence of them who should ere this time have looked unto the same) be made now abolished, let not that be made a matter of the abolishing of all images. Though felons and adulterers be punished, all men be not slain. Though the images which did adulterate God’s glory be taken away, we may not think by and by all manner of images to be destroyed. Yet, after our advice, better it were for a time to abolish them all, than for that the dead images, the king’s loving subjects, being faithful and true to the king’s majesty, should be put to variance and disturbance. With quietness the magistrates and rulers shall keep them well in order, whom contentious preachers might irritate and provoke to disorder and strife. So it must be provided that the king’s majesty’s images, arms, and ensigns, should be honored and worshipped after the decent order and invention of human laws and ceremonies; and, nevertheless, that other images, contrary to God’s ordinances and laws, should not be made partakers of that reverence, adoration, and invocation, which (forbidden by God) should derogate his honor, and be occasion to accumulate God’s wrath upon us. Where they be taken for a remembrance, it maketh no great matter though they stand still in the church or market-stead, following the late king of famous memory’s counsel and order; yet more gentleness was showed to those books of images, than to the true and unfeigned books of God’s word, both being abused, the one with idolatry, the other with contention. The Scripture was removed for a time from certain persons, and almost from all. The images were left still to them who most did abuse them, the thing being yet closed from them which should teach the use. Wherefore it may appear unto us meet, more diligent heed to be taken, that the abused before be not abused again, the advantage of some priests, simplicity of laymen, and great inclination of man’s nature to idolatry, giving cause thereto.

    They that contemn images, because the matter that they are made of is but vile, as stocks and stones, may likewise despise printing in paper, because the ink hath pitch in it, and the paper is made of old rags. And if they be both alike, it might be reasoned why a man should be more aggrieved, that an image of wood, though it were, of St. Anne, or St. Margaret, should, be burned, than he will that the Bible, whereto the undoubted word of God is comprised, should be torn in pieces, burned, or made paste of. Nor do we now speak of false bibles, nor false gospels, but of the very true gospel, either in Latin, Greek, or English, which we see every day done, and sometimes commanded, because the translator displeaseth us; and yet herein no man exclaimeth of a terrible and detestable fact done.

    But let one image, either for age, and because it is worm-eaten, or because it hath been foolishly abused, be burnt or abolished, by and by some men are in exceeding rage, as though not a stock or a stone, but a true saint of flesh and bone should be cast into the fire, which were a detestable and a terrible sight. We cannot see but that images may be counted marvelous books, to whom we have kneeled, whom we have kissed, upon whom we have rubbed our beads and handkerchiefs, unto whom we have lighted candles, of whom we have asked pardon and help: which thing hath seldom been seen done to the gospel of God, or the very true Bible. For who kisseth that, but the priest at the mass, at a painted picture, or in such a ceremony: or who kneeleth unto it, or setteth a candle before it? and yet it seeth or heareth, as well as the images or pictures either of St. John, or our Lady, or Christ.

    Indeed images be great letters; yet as big as they be, we have seen many which have read them amiss. And belike they be so likely to be read amiss, that God himself, fearing the Jews to become evil readers of them, generally did forbid them. Nor is it any great marvel though in reading of them the lay-people are many times deceived, when your lordship (as appeareth) hath not truly read a most true and a most common image. Your lordship hath found out, in the king’s highness’s great seal, St. George on horseback, which the graver never made in it, nor the sealer ever sealed with it; and this inscription is not very little, and if it were, it could not escape your lordship’s eyes. As the inscription testifieth, the king’s image is on both the sides; on the one side, as in war, the chief captain; on the other side, as in peace, the liege sovereign; In harness, with his sword drawn, to defend his subjects; in his robes, in the seat of justice, with his scepter rightfully to rule and govern them; as he whom both in peace and war we acknowledge our most natural and chiefest head, ruler, and governor. If it were St. George, my lord, where is his spear and dragon? And why should the inscription round about tell an untruth, and not agree to the image?

    Yet it is called sometimes so of the rude and ignorant people; but not, by and by, that what is commonly called so, is always truest.

    And some have thought that by like deceiving, as your lordship herein appeareth to have been deceived, the image of Bellerophon or Perseus was turned first and appointed to be St. George, and of Polyphemus, of Hercules, or of some other Colossus, to be St.

    Christopher, because authentical histories have not fully proved their two lives. But those be indifferent to be true or not true, either thus invented upon some device, or rising of a true fact or history; and whether it were true or not, it maketh no great matter.

    It were hardly done indeed, my lord, if that you, and a few which can read, should take away from the unlearned multitude their books of their images: 14 but it were more hardly done, if that you, or a few which can read in one or two languages (as Greek and Latin) the word of God, and have had thereby many reliefs and privileges, should pull away the English books from the rest which only understand English; and would have only your letters of Greek and Latin in estimation, and blind all them which understand not these languages, from the knowledge of God’s word. And indeed, my lord, by your saying they have just occasion to suspect what is meant.

    What you mean by true images and false images, it is not so easy to perceive. It they be only false images, which have nothing that they represent, as St. Paul writeth, ‘An idol is nothing,’ (1 Corinthians 8) (because there is no such god,) and therefore the cross can be no false image, because it is true that Christ suffered upon it: then the images of the sun and the moon were no idols, for such things there be as the sun and the moon, and they were in the image then so represented, as painting and carving doth represent them. And the image of Ninus and Caesar, and (as some write) the images of all the twelve chosen gods (as they called them), were the images of once living men. And it might be said, that the image of God the Father hath no such eyes, nose, lips, and a long gray beard, with a furred robe, nor ever had, as they carve and, paint him to have. But, if that be a false image and an idol which is otherwise worshipped and accepted than it ought to be, as the brazen serpent, being a true image and representation of Christ, by abuse was made an idol; it may be thought in times past, and, peradventure, now at this time, in some places, the images not only of St. John, or St. Anne, but of our Lady and Christ be false images and idols, representing to foolish, blind, and ignorant men’s hearts and thoughts, that which was not in them, and they ought not to be made for. The which were by you, my lord, to have been removed sooner, and before that the captain there should have need to have done it. But if your lordship be slack in such matters, he that removeth false images and idols abused doth not a thing worthy of blame.

    Christ called not the money, having Caesar’s image in it, an idol, when it was used to lawful uses, and to pay the due tribute withal.

    But, when a man doth not use those images graven in money to do his neighbor good, and the commonwealth service, St. Paul, Christ’s disciple, called that covetousness, and the serving and bondage to idols. So that even in money may be idolatry, if we make too much of those images which Christ here doth not reprehend. There be some so ticklish, and so fearful one way, and so tender stomached, that they can abide no old abuses to be reformed, but think every reformation to be a capital enterprise against all religion and good order; as there be on the contrary side some too rash, who, having no consideration what is to be done, headlong will set upon every thing. The magistrate’s duty is betwixt these, so in a mean to sit and provide, that old doting should not take further or deeper rust in the commonwealth, neither ancient error overcome the seen and tried truth, nor long abuse, for the age and space of time only, still be suffered; and yet all these with quietness and gentleness, and without all contention, if it were possible, to be reformed. To the which your lordship, as a man to whom God hath given great qualities of wit, learning, and persuasion, could bring great help and furtherance, if it were your pleasure, with great thanks of men and reward of God. The which thing is our full desire and purpose, and our hearty and daily prayer to God, that in the king’s majesty’s time (whose majesty’s reign God preserve!) all abuses with wisdom reformed, Christ’s religion, with good and politic order of the commonwealth, without any contention and strife among the king’s subjects, might flourish and daily increase. And this to your lordship’s letter sent to Master Vaughan of Portsmouth. ANOTHER LETTER OF WINCHESTER TO THE LORD PROTECTOR.

    After my most humble commendations to your grace, it may like the same to understand, I have seen of late two books set forth in English by Bale, very pernicious, seditious, and slanderous. And albeit that your grace needeth not mine advertisement in that matter, yet I am so bold to trouble your grace with my letters for mine own commodity, wherewith to satisfy mine own conscience, to write and say as becometh me in such matters, which I desire your grace to take in good part. For it grieveth me not a little to see, so soon after my late sovereign lord and master’s death, a book spread abroad more to his dishonor (if a prince’s honor may be by vile inferior subjects impeached) than professed enemies have imagined, to note a woman to have suffered under him as a martyr; and the woman therewith to be, by Bale’s own elucidation (as he calleth it) so set forth and painted as she appeareth to be, and is boasted to be, a sacramentary, and by the laws worthy (as she suffered) the pains of death; such like things have, by stealth, in our late sovereign lord’s days, gone abroad as they do now. And as I am wont in such cases to speak, I keep my wont to write to your grace now, in whose hands I know the state of the realm to be for the time in government, and to whom, for respects of old acquaintance, I wish all felicity. In these matters of religion I have been long exercised, and have (thanks be to God) lived so long as I have seen them thoroughly tried; and, besides that I have learned in written books of authority, I have perceived by books written without authority, as by Master Bale, Joy, and others, and especially as Bale useth now, that Scripture doth, by abuse, service to the right hand and the left at once, insomuch as at one time Bale praiseth Luther, and setteth his death forth in English, with commendation as of a saint; which Luther (whatsoever he was otherwise) stoutly affirmed the presence really of Christ’s natural body in the sacrament of the altar. And yet Bale, the noble clerk, would have Anne Askew, 16 blasphemously denying the presence of Christ’s natural body, to be taken for a saint also. So as Bale’s saints may vary in heaven, if they chance not by the way; which might suffice to disprove the man’s credit, if thwarting talk were more desired of many, than the truth indeed; which truth was supposed to have been, both in writing and exercise, well established long before our late lord’s death, and Bale and his adherents in their madness plainly reproved and condemned.

    I cannot forget, your grace told me you would suffer no innovation; and indeed if you deliver this realm to the king at eighteen years of age, as the king his father, whose soul God assoil, left it, as I trust you shall, the act is so honorable and good, as it were pity to trouble it with any innovation, which were a charge to your grace more than needed, being already burdened heavily. 17 And albeit in the commonwealth every man hath his part, yet as God hath placed you, the matter is (under the king’s majesty) chiefly yours, and as it were yours alone. Every man hath his eye directed unto you, both here and abroad; you shall shadow men’s doings, if they be done, which is one incommodity of high rule. And, for my part, besides my duty to the king’s majesty and the realm, I would that your grace (in whom since your government I have found much gentleness and humanity) had as much honor with good success as ever any had, and pray to God that men would let your grace alone, and suffer the realm in the time of your government in quiet among ourselves, whereby we may be the more able to resist foreign trouble, which your grace doth prudently foresee.

    Certain printers, players, and preachers, make a wonderment, as though we knew not yet how to be justified, nor what sacraments we should have. And if the agreement in religion made in the time of our late sovereign lord he of no force in their judgment, what establishment could any new agreement have? and every uncertainty is noisome to any realm, 18 And where every man will be master, there must needs be uncertainty. And one thing is marvelous, that at the same time it is taught that all men be liars, at the selfsame time almost every man would be believed; and amongst them Bale, when his untruth appeareth evidently in setting forth the examination of Anne Askew, which is utterly misreported.

    I beseech your grace to pardon my babbling with you; but I see my late sovereign lord and master slandered by such simple persons, religion assaulted, the realm troubled,19 and peaceable men disquieted, with occasion given to enemies to point and say, that after Wickliff’s strange teaching in the sacraments of Christ’s church hath vexed others, it is finally turned unto us to molest and scourge us, 20 for other fruit cannot Bale’s teaching have, nor the teaching of such others as go about to trouble the agreement established here. In which matter I dare not desire your grace specially to look earnestly unto it, lest I should seem to note in you that, which becometh me not. And I know that your grace being otherwise occupied, these things may creep in, as it hath been heretofore. Sometimes it may be hard for your grace to find out or pull out the root of this haughtiness: but yet I am so bold to write of these, of mine own stomach, who have ever used, for discharge of myself, to say and write in time and place as I thought might do good for relief of the matter, remitting the rest to the disposition of God, who hath wrought wonders in these matters, since they were first moved, and given me such knowledge and experience in them, as I ought to take them (as they be) for corruption and untruth; I mean knowledge and experience Of them that be chief stirrers, to infect with untruth, as they cannot speak or report truly in common matters. — The pretense is of the spirit, and all is for the flesh, women, and meat, with liberty of hand and tongue, a dissolution and dissipation of all estates, clean contrarious to the place God hath called your grace unto. For it tendeth all to confusion and disorder, which is the effect of untruth.

    Bale hath set forth a prayer for the duke John of Saxony, wherein the duke remitteth to God’s judgment, to be showed here in this world, the justness of his cause concerning religion; and desireth God, if his cause be not good, to order him to be taken, and to be spoiled of his honor and possessions, with many such gay words whereby to tempt God; since which prayer the duke is indeed taken, as all the world saith; and, at the time of his taking, as the account is made, such strangeness in the sun, as we saw it here, as hath not been seen. They happened both together, this we know, and be both marvelous; but, whether the one were a token ordered to concur with the other, God knoweth, and man cannot define.

    Many commonwealths have continued without the bishop of Rome’s jurisdiction; but without true religion, and with such opinions as Germany maintained, 21 no estate hath continued in the circuit of the world to us known since Christ came. For the Turks and Tartars’ government is, as it were, a continual war, and they uphold their rule with subduing of nobility by fire and sword.

    Germany 22 with their new religion could never have stood, though the emperor had let them alone: for if it be persuaded the understanding of God’s law to be at large in women 23 and children, whereby they may have the rule of that, and then God’s law must be the rule of all, is not hereby the rule of all brought into their hands? These of some will be called witty reasons, but they be indeed truth’s children; and so is all the eloquence, which some (to dispraise, me) say I have, whatsoever they say of me. For truth is of itself, in a right meaning, man’s mouth; more eloquent than forged matters can with study bring forth.

    What rhymes be set forth to deprave the Lent, and how fond (saving your grace’s honor) and foolish! and yet the people pay money for them, and they can serve for nothing, but to learn the people to rail, and to cause such as used to make provision for fish against Lent, fearing now in Lent to be so sick as the rhyme purporteth, and like to die indeed, to forbear to make their accustomed provision for the next year. And thereto shall it come, if the common diet be not certain: for the fishmonger will never hope to have good sale, when the butcher may with flesh outface him. And fish is the great treasure of this realm, and food inestimable. And these good words I give, although I love it not myself: for such as love not fish should nevertheless commend it to others, to the intent the flesh by them forborne, might be, to such as love it, only the more plenty.

    The public defamation and trifling with Lent is a marvelous matter to them that would say evil of this realm; for there is nothing more commended unto us christian men in both the churches of the Greeks and Latins, than Lent is, if all men be not liars. In the king our late sovereign lord’s days this matter was not thus spoken of.

    And I think our enemies would wish we had no Lent. Every country hath its peculiar inclination to naughtiness: England and Germany unto the belly, the one in liquor, the other in meat; France a little beneath the belly; Italy to vanities and pleasures devised; and let an English belly have a further advancement, and nothing can stay it. When I was purveyor for the seas, what an exclamation was there (as your grace showed me) of the bishops’ fasting-day, as they called Wednesday, and ‘Winchester, Winchester, grand mercy for your wine; I beshrew your heart for your water.’ Was not that song, although it was in sport, a signification how loth men be to have their license restrained, or their accustomed fare abated? unless it were in extreme necessity.

    I hear say 369 that the Lent is thus spoken of by Joseph and Tonge 12 , with other new 13 (whom I know not), as being one of Christ’s miracles, which God ordained not man to imitate and follow; at which teaching all the world will laugh. For christian men have Christ for an example in all things, both to use the world as he did, only for necessity, and to contemn the world as he did; and in case to refuse it, and choose the vile death, as he did the death of the cross, which things he did like a master most perfect, for he was very God; and we must endeavor ourselves, in the use of his gifts, to follow that he did — not to fast forty days without meat as Christ did, for we be but prentices, and carry about a ruinous carcase, that must have some daily reparation with food — but yet was there never any that said, how therefore we should do nothing, because we cannot do all, and take Christ’s fast for a miracle only.

    And yet all that follow Christ truly, they work daily miracles, in subduing and conforming, by God’s grace, their sensual appetites, and humbly obeying to the will of God; which no man can of himself do. And Christ promised that his true servants should work the works that he did, and greater works also. Wherefore it is a slender matter to say, Lent was one of Christ’s miracles, for so it was, to love his enemies, and specially those that scourged and bobbed him; which may not be (if that allegation hath place) taught christian men to follow, because it was a miracle, as they might say. It were more tolerable to forget Lent, as Poggius telleth of a priest in the mountains, that knew not how the year went about; and when the weather opened, and he went abroad, and perceived his neighbors were towards Palm-Sunday, he devised an excuse to his parish, and bade them prepare there-for, for indeed the year had somewhat slipped him, but he would fashion the matter so as they should be as soon at Easter as the rest; and thus did he pass over Lent with much less slander, than to teach it for a doctrine, that Lent was one of Christ’s miracles, and therefore not to be imitated of us. For although it was indeed a great miracle (as all Christ’s doings were), yet was it not a greater miracle, nor more against man’s nature, than to love them that labored and were busy to take away the natural life of his manhood. For as the nature of man desireth relief, so doth it abhor destruction or hurt. In will and desire men follow Christ in all things; in execution they cannot; for we have brittle vessels, and God giveth his gifts to men, as he seeth expedient for his church; so as men cannot heal the lame when they will, as Christ did when he would, but as God shall think profitable for the edification of the flock assembled. Gregory Nazianzen speaketh of some that enterprised to imitate Christ’s fast above their power, whose immoderate zeal he doth not disallow, not requiring of all men so to do, for that is an extremity, nor yet assoiling the matter, as our new schoolmen do, that christian men should let Christ’s fast alone as a miracle; which manner of solution I heard a good fellow make, when it was told him he might not revenge himself, and when he was stricken on the one ear, he should put forth the other. ‘I am,’ quoth he, ‘a man; I am not God. If Christ being God did so, he might,’ quoth he, ‘if it had pleased him, have done otherwise.’ And so when it hath been alleged that Christ fasted forty days. ‘He might,’ quoth he, ‘have eaten if he had list.’ These triflings in sport might be drawn to grave speech, if christian men shall refuse to follow Christ in miracles. For all his life was miracles, and his love, that is our badge, most miraculous of all, to die for his enemies. I beseech your grace to pardon me, for I am like one of the Commons’ house, that, when I am in my tale, think I should have liberty to make an end; and specially writing to your grace, with whom I account I may be bold, assuring you it proceedeth of a zeal towards you to whom I wish well, whose intent although it be such as it ought to be, and as it pleased you to show me it was, yet are such things spread abroad whereof the evil willers of the realm will take courage, and make account (although it be wrong) that all goeth on wheels.

    If any man had either fondly or indiscreetly spoken of Lent to engrieve it to be an importable burden, I would wish his reformation; for I have not learned that all men are bound to keep the Lent in the form received. But this I reckon, that no christian man may contemn the form received, being such a devout and profitable imitation of Christ to celebrate his fast; and in that time such as have been in the rest of the year worldly, to prepare themselves to come, as they should come, to the feast of Easter, whereof St. Chrysostome speaketh expressly. And for avoiding contempt, a license truly obtained of the superior serveth. And so I heard the king’s majesty our sovereign lord declare, when your grace was present: and therefore he himself was very scrupulous in granting of licenses. And to declare that himself contemned not the fast, he was at charge to have (as your grace knoweth) the Lent diet daily prepared, as if it had been for himself; and the like hereof I hear say your grace hath ordered for the king’s majesty that now is; which agreeth not with certain preaching in this matter, nor the rhymes set abroad. Lent is, among christian men, a godly fast to exercise men to forbear, and in England both godly and politic, such as without confusion we cannot forbear, as the experience shall show, if it be ever attempted; which God forbid. And yet Lent is buried in rhyme, and Stephen Stockfish bequeathed not to me, though my name be noted; wherewith for mine own part I cannot be angry,25 for that is mitigated by their fondness. But I would desire of God to have the strength of this realm increased with report of concord, which doth quench many vain devices and imaginations. And if all men be liars, as it is now to my understanding strangely published, methinketh Bale and such new men, as be new liars, should be most abhorred and detested, and so much the more dangerous as they be new. That which in Italy and France is a matter of combat, is now found to be impropriate to all men. God grant the truth to be desired of all men truly! But, as one asked, when he saw an old philosopher dispute with another, what they talked on; and it was answered how the old man was discussing what was virtue; it was replied, ‘If the old man yet dispute of virtue, when will he use it?’ so it may be said in our religion, ‘If we be yet searching for it, when shall we begin to put it in execution?’

    I would make an end of my letters, and cannot; wherein I account myself faulty. And though I may err, as every man may, yet I lie not, for I say as I think; forsomuch as I have said, and further think, [that] your grace hath no trouble troublesome, but this matter of religion unseasonably brought into the defamation of our late sovereign lord’s acts, doings, and laws. I beseech your grace take my meaning and words in good part, and pardon my boldness, which groweth of the familiarity I have heretofore had with your grace, which I cannot forget. And thus enforcing myself to an end, I shall pray to Almighty God to preserve your grace in much felicity, with increase of honor and achieving of your heart’s desire.

    At Winchester the 21st of May Your grace’s humble bead-man, S.W.

    THE LETTER OF THE LORD PROTECTOR, ANSWERING TO WINCHESTER.

    Your letters dated the 21st day of May, as concerning two books new set forth by one Bale, and certain sermons preached here, were with convenient speed delivered unto us. And like as in your letters to Edward Vaughan of Portsmouth, so in those to us, we perceive that you have a vigilant and diligent eye, and very fearful of innovation: which as it cannot be blamed, proceeding of one which is desirous of quiet, good order, and continuance of the godly state of this realm; so we do marvel that so soon, so far off, and so plainly, you can hear tell and say of so many things done here, which indeed we, being here, and attendant upon the same, cannot yet be advertised of. The world never was so quiet or so united, but that privily or openly those three which you write of, printers, players, and preachers, would set forth somewhat of their own heads, which the magistrates were unawares of. And they which already be banished and have forsaken the realm, as suffering the last punishment, be boldest to set forth their mind; and dare use their extreme license or liberty of speaking, as out of the hands or rule of correction, either because they be gone, or because they be hid.

    There have foolish and naughty rhymes and books been made and set forth, of the which, as it appeareth, you have seen more than we; and yet, to our knowledge, too many be bought: but yet, after our mind, it is too sore and too cruelly done, to lay all those to our charge, and to ask as it were account of us of them all. In the most exact cruelty and tyranny of the bishop of Rome, yet Pasquill (as we hear say) writeth his mind, and many times against the bishop’s tyranny, and sometimes toucheth other great princes; which thing, for the most part, he doth safely: not that the bishop alloweth Pasquill’s rhymes and verses — especially against himself; but because he cannot punish the author, whom either he knoweth not, or hath not. In the late king’s days of famous memory, who was both a learned, wise, and politic prince, and a diligent executer of his laws — and when your lordship was most diligent in the same — yet, as your lordship yourself writeth, and it is too manifest to be unknown, there were that wrote such lewd rhymes and plays as you speak of, and some against the king’s proceedings, who were yet unpunished, because they were unknown or ungotten. And when we do weigh the matter, we do very much marvel, why that about Jack of Lent’s lewd ballad, and certain, as it was reported unto us, godly sermons (which be evil in your letters joined together), you be so earnest, when against Dr. Smith’s book, being a man learned in the doctors and Scripture, which made so plain against the king’s highness’s authority, and for the furtherance of the bishop of Rome’s usurped power, your lordship neither wrote nor said any thing. And, as it appeared, you be so angry with his retractation (which frankly without fear, dread, compulsion, or imprisonment, only with learning and truth overcome, he came unto), that you cannot abide his beginning, although having the very words of Scripture: except, peradventure, you think that the saying of David, ‘Omnis homo mendax,’ cannot be interpreted, ‘Every man is a liar;’ which, howsoever your lordship taketh it at pleasure, it appeareth unto us then of him taken but godly, to declare the infirmity of man, and the truth of God and his word.

    And we are not able to reason so clearly with you, and yet we have heard of the subtle difference of lying, and telling of a lie, or, as it is in Latin called, ‘mentiri’ and ‘mendacium dicere.’ But if your lordship be loth to be counted ‘mendax’ (which belike Dr. Smith hath interpreted a liar, or a lying man, and you think it a matter of combat, or that he was deceived in the interpretation, and it is a matter for clerks to dispute of), we would have wished your lordship to have written against his book before, or now with it, if you think that to be defended which the author himself refuseth to aver. Your lordship writeth earnestly for Lent, which we go not about to put away; no more than, when Dr. Smith wrote so earnestly that every man should be obedient to the bishops, the magistrates by and by went not about to bring kings and princes, and others, under their subjection. Writers write their fantasy, my lord, and preachers preach what either liketh them, or what God putteth in their heads. It is not by and by done, that is spoken. The people buy those foolish ballads of Jack-a-Lent. So bought they in times past pardons, and carols, and Robin Hood’s tales. All be not wise men, and the foolisher a thing is, to some (although not to the more part) it is the more pleasant and meet. And peradventure of the sermons there is (and indeed there is, if it be true that we have heard) otherwise spoken and reported to you, than it was of the preachers there and then spoken or meant. Lent remaineth still, my lord, and shall, God willing, till the king’s highness, with our advice and the residue of his grace’s council, take another order, although some light and lewd men do bury it in writing; even as the king’s majesty remaineth head of the church, although, through sinister ways, and by subtle means, some traitors have gone about, and daily do, to abuse the king’s majesty’s supremacy, and bring in the bishop of Rome’s tyranny, with other superstition and idolatry.

    On both sides great heed is to be taken, and as your lordship writeth, we are set in a painful room, to reform all lightness and lewdness, to the which we do endeavor ourself to the best of our power, although not so cruelly and fiercely as some peradventure would wish, yet not so loosely that there needeth such exclamations or great fear to be. We do study to do all things attemperately, and with quiet and good order; and we would wish nothing more than your lordship to be as ready to the reformation of the one as of the other, that neither superstition, idolatry, or papacy, should be brought in, nor lightness, nor contempt of good order to be maintained. They both take beginning at small things, and increase by little and little at unawares. And quiet may as well be broken with jealousy as negligence, with too much fear or too reach patience: no ways worse, than when one is over light-cared the one way, and deaf on the other side. Rumors by space and times increase naturally; and by that time they come at you, as it appeareth, they be doubled and trebled. We do perceive your diligent eye towards us, and we will wish (and trust you have) your heart faithful to us. Our most hearty desire and continual prayer to God is, to leave this realm to the king’s highness, at his grace’s age by you written, rather more flourishing in men, possessions, wealth, learning, wisdom, and God’s religion and doctrine, if it were possible and God’s will, than we found it. And that is our whole intent and esperance, to the which we refuse no man’s help, as knoweth God; in whom we bid you heartily, farewell.

    A LETTER OF WINCHESTER TO THE LORD PROTECTOR.

    After my most humble commendations to your good grace: upon the return of my servant Massie with your grace’s letters, answering to such my letters wherein I signified the robbing of my secretary, I read the same gladly, as by the contents of the matter I had cause so to do; which was such a comfortative, as I digested easily the rest of the great packet, having been accustomed thereunto in the king my late sovereign lord’s days; 27 which fashion of writing, his highness (God pardon his soul!) called ‘whetting’: which was not all the most pleasant unto me at all times; yet when I saw in my doings was no hurt, and sometimes by the occasion thereof the matter amended, I was not so coy as always to reverse my argument; nor, so that his affairs went well, did I ever trouble myself, whether he made me a wanton or not. And when such as were privy to his letters directed unto me, were afraid I had been in high displeasure (for the terms of the letters sounded so), yet I myself feared it nothing at all. I esteemed him, as he was, a wise prince; and whatsoever he wrote or said for the present, he would after consider the matter as wisely as any man, and neither hurt nor inwardly disfavor him that had been bold with him; whereof I serve for a proof, for no man could do me hurt during his life. And when he gave me the bishopric of Winchester, he said, he had often squared with me, but he loved me never the worse; and for a token thereof gave me the bishopric. And once, when he had been vehement with me in the presence of the earl of Wiltshire, and saw me dismayed with it, he took me apart into his bed-chamber, and comforted me, and said, that his displeasure was not so much to me as I did take it; but he misliked the matter, and he durst more boldly direct his speech to me, than to the earl of Wiltshire. And from that day forward he could not put me out of courage, but if any displeasant words passed from him, as they did sometimes, I folded them up in the matter; which hindered me a little. For I was reported unto him that I stooped not, and was stubborn; and he had commended unto me certain men’s gentle nature (as he called it), that wept at every of his words; and methought that my nature was as gentle as theirs, for I was sorry when he was moved. But else I know when the displeasure was not justly grounded in me, I had no cause to take thought, nor was I at any time in all my life miscontent or grudging at any thing done by him, I thank God for it. And therefore, being thus brought up, and having first read your grace’s most gentle letters, signifying the device of a proclamation to stay these rumors, and reading the same proclamation, which my servant brought with him, I read with the more quiet your grace’s great letters; and would have laid them up without further answer, were it not that, percase, my so doing might be mistaken. For glum silence may have another construction than frank speech, where a man may speak, as I reckon I may with your grace; upon confidence whereof I am bold to write thus much for my declaration touching your grace’s letters of the 27th of May, that how earnest soever my letters be taken in fearing any innovation, I neither inwardly fear it, neither show any demonstration in mine outward deeds to the world here, or in communication, that I do fear it to be done by authority; but in myself resist the rumors and vain enterprises, with confidence in the truth and your grace’s wisdom. For if I feared that indeed, with persuasion, it should come to pass, I should have small lust to write in it; but I fear more indeed the trouble that might arise by light boldness of others, and the encumbrance of such matters while other outward affairs occupy your grace’s mind, than the effect by your direction that hath been talked of abroad. And yet, in the writing, I do speak as the matter leads, continuing mine old manner, to be earnest; which as some men have dispraised, so some have commended it. And therefore, in a good honest matter I follow rather mine own inclination, than to take the pains to speak as butter would not melt in my mouth; wherewith I perceive your grace is not miscontent, for the which I most humbly thank you.

    And first, as concerning Portsmouth, I wrote to the captain and mayor in the thing as I had information, and by men of credence: and yet I suspended my credit till I had heard from thence, as by my letters appeareth; and as I was loth to have it so, so was I loth to believe it. And, to show that I feared no innovation by authority, nor regarded any such danger, I went thither myself; and in conclusion was in such familiarity with the captain, that after he had showed me all the gentle entertainment that he could, he desired me to make an exhortation to his men, as they stood handsomely with their weapons, wherewith they had showed warlike feats: which I did, and departed in amity with the captain and soldiers, and all the town; the captain telling me plainly, he was nothing offended with any thing I had said in my sermon: nor was there cause why he should. But the very act indeed in defacing the images, had no such ground as Master Captain pretended: for I asked specially for such as had abused those images, and no such could be showed, for that I inquired for openly. And the image of St. John the Evangelist, standing in the chancel by the high altar, was pulled down, and a table of alabaster broken; and in it an image of Christ-crucified so contemptuously handled, as was in my heart terrible — to have the one eye bored out, and the side pierced! wherewith men were wondrously offended: for it is a very persecution beyond the sea, used in that form where the person cannot be apprehended. And I take such an act to be very slanderous, and, esteeming the opinion of breaking images as unlawful to be had very dangerous, void of all learning and truth, wrote after my fashion to the captain; which letters I perceive to have come to your grace’s hands. I was not very curious in the writing of them, for with me truth goeth out plainly and roundly; and, speaking of the king’s seal, I uttered the common language I was brought up in, after the old sort. When, as I conject of a good will, the people taking St. George for a patron of the realm under God, and having some confidence of succor by God’s strength derived by him, 28 to increase the estimation of their prince and sovereign lord, I called their king on horseback, in the feat of arms, St. George on horseback; my knowledge was not corrupt. I know it representeth the king, and yet my speech came forth after the common language, wherein I trust is none offense. For besides learning, I by experience have known the pre-eminence of a king both in war and peace; and yet, if I had wist my letter should have come to your grace’s hands to be answered, then I would have been more precise in my speech, than to give occasion of so long an argument therein. As for St. George himself, I have such opinion of him as becometh me. And have read also of Bellerophon in Homer, as they call him, the father of tales, but I will leave that matter.

    And as for books, let Latin and Greek continue as long as it shall please God, I am almost past the use of them — what service those letters have done, experience has showed; and religion hath continued in them fifteen hundred years. But as for the English tongue, itself hath not continued in one form of understanding two hundred years; and without God’s work and special miracles it shall hardly contain religion long, when it cannot last itself. And whatsoever your grace’s mind is now in the matter, I know well, that having the government of the realtor your grace will use the gift of policy, which is a gift of God.

    And even as now, at this time, bishops be restrained by a special policy to preach only in their cathedral churches (the like whereof hath not been known in my time), so, upon another occasion, your grace may percase think expedient to restrain (further than the parliament hath already done) the common reading of the Scripture, as is now restrained the bishops’ liberty of preaching. As for the brazen serpent, it did not in all men’s language represent Christ; and if I had written to another than your grace, I might have had the like matter of argument that was taken against me, of St. George on horseback. For Gregory Nazianzen, chief divine in the Greek church, calleth the serpent’s death the figure of the death of Christ; but not the serpent to be the figure of Christ.

    And yet, when I had done all my argument, I would resolve (as is resolved with me in the speech of St. George on horseback), that the common speech is otherwise (and so it is), in saying the serpent to be a true figure of Christ: and yet Gregory Nazianzen called the serpent itself Anti>tupon of Christ, in these words, Ode< etc., in his sermon De Paschate; and yet in Alma chorus Domini 14 , we read Aries, Leo, Vermis, spoken of Christ; and some expound the Scripture ‘sicut Moses,’ etc. after that sort. And, as your grace said when I was last at your house with the French ambassador, ye wished him and me, together disputing, to see when we would make an end; even so it is in these matters, when they come in an argument. For a bye thing, as St. George on horseback, when it escaped me, or speaking of the brazen serpent following a speech not thoroughly discussed, shall be occasion of a digression all out of purpose. And therefore was it a great gift of God, that our late sovereign lord (God rest his soul!) set these matters in quiet; who had heard all these reasons touching images which be now rehearsed in your grace’s letters; and, having once my lord of Canterbury and me present with him alone in his palace, that they call otherwise New-Hall, handled that matter at length, and discussed with my lord of Canterbury the understanding of God’s commandment to the Jews, so as all the clerks in Christendom could not amend it.

    And whereas one had denied the image of the Trinity to be had, by reasons as be touched in your grace’s letters, I heard his highness answer to them at another time. And when he had himself specially commanded divers images to be abolished, yet (as your grace knoweth) 29 he both ordered, and himself put in execution, the kneeling and creeping before the image of the cross, and established agreement in that truth through all this realm, whereby all arguments to the contrary be assoiled at once.

    I would wish images used as the book, of his highness set forth, doth prescribe, and no otherwise. I know your grace only tempteth me with such reasons as others make unto you, and I am not fully at liberty, although I am bold enough (and some will think too bold) to answer some things as I would to another man mine equal, being so much inferior to your grace as I am: but methinketh St. Paul’s solution, during the king’s majesty’s minority, should serve instead of all; ‘Nos talem consuetudinem non habemus,’ ‘We have no such custom in the church.’

    When our sovereign lord cometh to his perfect age (which God grant), I doubt not but God will reveal that 30 which shall be necessary for the governing of his people in religion. And if any thing shall be done in the mean time (as I think there shall not) by your grace’s direction, he may, when he cometh to age, say in the rest, as I hear say he said now of late concerning procession, that in his father’s time men were wont to follow procession; upon which the king’s majesty’s saying, the procession (as I heard) was well furnished afterwards by your grace’s commandment: which speech hath put me in remembrance, that if the bishops and others of the clergy should agree to any alteration in religion, to the condemnation of any thing set forth by his father, whereby his father might be noted to have wanted knowledge or favor to the truth, what he would say I cannot tell, but he might use a marvelous speech (and, for the excellency of his spirit, it were like he would); and, having so just a cause against bishops as he might have, it were to be feared he would. And when he had spoken, then he might, by his laws, do more than any of our sort would gladly suffer at these days. For as the allegation of his authority represented by your grace shall be then answered (as your grace now writeth unto me, ‘That your grace only desireth truth according to God’s Scripture),’ and it may be then said, ‘We bishops, when we have our sovereign lord and head in minority, we fashion the matter as we lust.’ And then some young man that would have a piece of the bishops’ lands shall say, ‘The beastly bishops have always done so; and when they can no longer maintain one of their pleasures, of rule and superiority, then they take another way, and let that go, and, for the time they be here, spend up what they have, which eat you and drink you what they list, and we together, with ‘Edamus et bibamus, cras moriemur.’

    And if we shall allege for our defense the strength of God’s truth, and the plainness of Scripture, with the word of the Lord, and many gay terms, and say, ‘We were convinced by Scriptures,’ such an excellent judgment as the king’s majesty is like to have, will never credit us in it, nor be abused by such a vain answer. And this is a worldly politic consideration, and at home: for the noise abroad in the world will be more slanderous, than this is dangerous. And touching the bishop of Rome, the doings in this realm hitherto have never done him so much displeasure, as the alteration in religion during the king’s majesty’s minority should serve for his purpose.

    For he wanteth not wits to beat into other princes’ ears, that where his authority is abolished, there shall, at every change of governors, be change in religion; and that which hath been amongst us by a whole consent established, shall, by the pretense of another understanding in Scripture, strait be brought in question; for they will give it no other name but a pretense, how stiffly soever we will affirm otherwise, and call it God’s word.

    And here it should be much noted that my lord of Canterbury, being the high bishop of the realm, highly in favor with his late sovereign lord, and my lord of Durham, a man of renowned fame in learning and gravity (both put by him in trust for their counsel in the order of the realm), should so soon forget their old knowledge in Scripture set forth by the king’s majesty’s book, and advise to inveigh such matter of alteration. All which things be (I know well) by your grace and them considered. And therefore it is to me incredible, that ever any such thing should be indeed with effect, whatsoever the lightness of talk shall spread abroad, which your grace hath by proclamation well stayed. But if you had not, and the world talked so fast as ever they did, I assure your grace I would never fear it, as men fear things they like not, unless I saw it in execution: for of this sort I am, that in all things I think should not be done in reason, I fear them not, wherewith to trouble me, otherwise than to take heed, if I can; and to the head governors (as now to your grace) show my mind: and such experience hath every man of me, that hath communed with me in any such matters. And therefore, albeit your grace writeth wisely, that over much fear doth hurt, and accelerateth sometimes that which was not intended, yet it needs not to me; for I have learned that lesson already, and would a great many more had, which indeed should be great stay.

    And thus I talk with your grace homely, with multiplication of speech impertinent and not necessary, as though I meant to send you as great a packet as I received from you.

    One thing necessary to answer your grace in, is touching your marvel, how I know sooner things from thence, than your grace doth there; which ariseth not upon any desire of knowledge on my behalf (for evil things be over soon known), nor upon any slackness of your gracc’s behalf there, who is and is noted very vigilant; as your grace’s charge requireth. But thus it is, even as it was when I was in some little authority: they that were the evil doers in such matters, would hide them from me. So, now, they have handled it otherwise; for as for Jack of Lent’s English Testament, it was openly sold in Winchester market before I wrote unto your grace of it. And as for Bale’s books, called the Elucidation of Anne Askew’s Martyrdom, 31 they were in these parts common, some with leaves unglued, where Master Paget was spoken of; and some with leaves glued. And I call them common, because I saw at the least four of them. As for Bale’s book, touching the death of Luther, wherein was the duke of Saxony’s prayer (whereof I wrote), it was brought down into this country by an honest gentleman, to whom it was (as I remember he told me) given at London for news; and he had it a great while ere I wrote to your grace. I had not then received the inhibition for preaching, whereof men spake otherwise than they knew.

    And in the mean time Dr. Smith recanted, which a priest of this town (who to mine own mouth boasted himself to be your grace’s chaplain, but I believed it not) brought down with speed, and made bye means to have it brought to my knowledge, which I knew besides, for they had by and by filled all the country hereabouts with tales of me. And when I saw Dr. Smith’s recantation begin with ‘omnis homo mendax,’ so englished, and such a new humility, as he would make all the doctors of the church liars with himself; knowing what opinions were abroad, it enforced me to write unto your grace for the ease of my conscience; giving this judgment of Smith, that I neither liked his tractation of unwritten verities, nor yet his retractation; and was glad of my former judgment, that I never had familiarity with him. I saw him not, that I wot, these three years, nor talked with him these seven years, as curious as I am noted in the commonwealth. And whereas in his unwritten verities he was so mad to say, ‘Bishops in this realm may make laws,’ I have witness that I said at that word, we should be then ‘daws:’ and was by and by sorry that ever he had written of the sacrament of the altar, which was not, as it was noised, untouched with that word, ‘All men are liars;’ which is a marvelous word, as it soundeth in our tongue, when we say a man were better to have a thief in his house, than a liar. And the depraving of man’s nature in that sort is not the setting out of the authority of the Scripture.

    For, albeit the authority of the Scripture dependeth not upon man, yet the ministration of the letter, which is writing and speaking, is exercised, and hath been from the beginning delivered, through man’s hand, and taught by man’s mouth; which men the Scripture calleth holy men; and that is, contrary to liars. And therefore St.

    Augustine in his book ‘De Mendacio’ sayeth, ‘omnis homo mendax’ signifieth ‘omnis homo peccans.’ If Smith had only written of bishops’ laws, and then said loudly, he had (saving your honor) lied, or, to mitigate the matter, said he had erred by ignorance, that had been done. truly and humbly: for he that seeketh. for much company in lying, as he did, hath small humility; for he would hide himself by the number. And thus much as touching Smith, of whom, or his hook, till he was in trouble, I never heard talking.

    But to the matter I wrote of; I have told your grace how I came to knowledge of them, very scarcely in time, but in the thing over quickly: and never had any such thought in my life, as I denied to your grace, to be worthily charged with them (by them, I mean, that may hereafter charge); for I know no such yet in this world, and I never was in mine opinion so mad, as to write to your grace in that sort. When all things be well, I have many causes to rejoice; but where things were otherwise (as I trust they shall not), I have nothing to do to ask any account: I trust I shall never forget myself so much. I thank God, I am even as well learned to live in the place of obedience, as I was in the place of direction in our late sovereign lord’s life. And for my quietness in this estate, I account myself to have a great treasure of your grace’s rule and authority; and therefore will worship and honor it otherwise than to use such manner of presumption to ask any account. And I know your grace cannot stay these matters so suddenly; and I esteem it a great matter, that things be stayed hitherto thus: but, if things had increased as the rumors purported, your grace might have been incumbered more in the execution of your good determination.

    Now, thanks be to God, your grace goeth well about to stay it.

    As for myself, I know mine inward determination to do, as I may, my duty to God and the world, and have no cause to complain of the universal disposition of them in my diocese. I know but one way of quiet: to keep and follow such laws and orders in religion as our late sovereign lord left with us; which, by his life, as the bishops and clergy said, was the very truth, so I never yet read or heard any thing why to swerve from it, or think it expedient to call any one thing in doubt, during the king’s majesty’s minority, whereby to impair the strength of the accord established. Which I write, not mistrusting your grace in the contrary, but declaring myself, and wishing the same mind to others about you, as I trust they have, for which I shall pray to God, who prospered our late sovereign lord in that rebellion, as we have seen experience, and, by your grace’s foresight and politic government, shall send the like prosperity to our sovereign lord that now is; wherein I shall do my part, as a subject most bounden many ways thereunto.

    I send unto your grace herewith, my discussion of my lord of St.

    David’s purgation, wherein I walk somewhat more at liberty than writing to your grace; and yet I take myself liberty enough, with a reverend mind, nevertheless, to keep me within my bounds; which if I at any time exceed, I trust your grace will bear with me after your accustomed goodness, for whose prosperity I shall continually pray, with increase of honor.

    At Winchester, the 6th of June [1547.] *STEPHEN WINCHESTER, TO THE LORD PROTECTOR. After most humble commendations to your grace: I have received this day letters from my lord of Canterbury, touching certain homilies, which the bishops, in the convocation holden A.D. 1542, agreed to make for stay of such errors as were then by ignorant preachers sparkled among the people; for other agreement there had not then passed among us. Since that time God gave our late sovereign lord the gift of pacification in those matters, which, established by his highness’s authority in the convocation, extinguished our devices, and remaineth of force with your grace; wherein to avoid many encumbrous arguments which wit can devise against the truth, I send to your grace the copy of mine answer to my lord of Canterbury, to whom I write and offer myself more largely than I ever did in any matter of the realm, to any man besides my sovereign lord, or the chief governor as your grace. For I am not factious, and use only to say as I am bound to say, as occasion serveth; for that is my duty: having no other thing purposed but truth and honesty, whatsoever any man shall otherwise say of me. I am busier with your grace than needeth; but such commendations as it pleased your grace to send me by Master Coke (for the which I most humbly thank your grace), have engendered thus much more boldness than ever. Methinketh I should desire your grace, not to suffer the king’s majesty our late sovereign lord’s determination to slip the anchor-hold of authority, and come to a loose disputation; for decision whereof afterwards, the burden must rest on your grace, unto whom I desire all prosperous success, and the increase and continuance of such honor as God hath granted to your virtue, not to fall by encumbrance of any bye-matters that need not to be stirred.

    If your grace think not yourself encumbered with my babbling, and inculcating that which needeth not unto you, I would answer your grace’s letters of the sixteenth of April, so as your grace will, by other letters, withdraw your name; that I may be seen to dispute with one not so far above me in authority, as your grace is; which I have thought requisite to advertise, lest by my silence your grace should deem I thought myself overcome in those matters, where indeed I am of a contrary mind, and can show whereupon to ground me, why I should so think: and thus, desiring your grace to take in good part my doings, I shall continually pray for the preservation of your grace long in felicity.

    At Winchester, the 10th of June, 1547.

    TO THE LORD PROTECTOR.

    After my most humble commendations to your grace: since my letters unto your grace, wherewith I sent unto you such letters as I had written to my lord of Canterbury, for answer to his letters touching homilies, I have eftsoons received other letters from my said lord of Canterbury, requiring the said homilies by virtue of a convocation holden five years past, wherein we communed of that which took none effect then, and much less needeth to be put in execution now, nor in my judgment cannot without a new authority from the king’s majesty that now is, commanding such a matter to be enterprised. I wrote at length to my lord of Canterbury, and sent the copy of those letters to your grace; not to the intent your grace should lose so much time to read them, for they be tedious in length, but only for my discharge; who never meddled yet, by private letters, with any man in the realm, to persuade or dissuade matters of religion, but with the prince himself, or him that had the managing of the great matters under him. And following this determination, I am so bold to send your grace the copy of such letters as I write to my lord of Canterbury, whose letters to me, I could not of congruence forbear to answer, nor answering, forbear to speak freely as I think. And sorry I am to hear the matter of homilies spoken of in this time. Your grace hath done prudently to stop the vain rumors by proclamation, and it hath wrought good effect, and methinketh it is not best to enterprise any thing to tempt the people with occasion of tales, whereby to break the proclamation and offend: and to this effect I wrote to my lord of Canterbury. For like as in a natural body, rest without trouble doth confirm and strengthen it, so is it in a commonwealth: trouble travaileth, and bringeth the things to looseness. And my lord of Canterbury is not sure of his life, when the old order is broken, and a new brought in by homilies — that he shall continue to see his new device executed; for it is not done in a day. I would there were nothing else to do now. I have known business to occupy such as were put in trust, when religion hath been untouched. A new order engendereth a new cause of punishment against them that offend; and punishments be not pleasant to them that have the execution, and yet they must be: for nothing may be contemned. And thus I travail in the matter with my lord of Canterbury, because he would I should weigh things. And so do I as indifferently, as ever did man for the preservation of the ship, wherein I sail myself, and so many others, whose prosperity I am bound to wish. I can admit no innovations. [A.D. 1547.] A LETTER OF WINCHESTER, TO THE LORD PROTECTOR.

    After my most humble commendations to your good grace, with thanks that it hath pleased you to be content to hear from me, wherein now I have from your grace liberty to write at large, I cannot find the like gentleness in my body to spend so much time as I would; and therefore shall now desire your grace to take in good part, though I gather my matter into brief sentences.

    The injunctions in this visitation contain a commandment to be taught and learned: two books, one of the Homilies that must be taught others by priest; another of Erasmus’s Paraphrase, that the priest must learn himself. These books strive one with all other directly 15 , etc. Thus I have signified to your grace some special faults that be Erasmus’s own faults, and in my judgment great faults; but I have not written all. And your grace shall further understand, that he (who it is, I know not) who hath taken the labor to translate Erasmus into English, hath for his part offended sometimes, as appeareth plainly, by ignorance, and sometimes evidently of purpose, to put in, leave out, and change as he thought best, never to the better but to the worse; with the specialties whereof, I will not now encumber your grace, but assure you it is so. And here I will grant to your grace, that for every lie I make unto you, set one hundred pounds fine upon mine head; and let me live here like a beggar, whilst my revenues pay it. My words you have in writing, and be against me matter of record; and so I yield to have me charged, as the bishop of London was, with offering the farm of his bishopric; which matter came to my remembrance in the writing hereof. And now I have written unto your grace upon what foundation my conscience is grounded, I shall truly declare unto you the manner of my proceeding from the beginning. I never heard of the execution of the visitation, till your grace was departed from London northward; and as the books flowed abroad by liberty of the printers, they came to my hands. I never slept 33 while I had perused them. As soon as I had found certain faults I wrote to the council, trusting upon such earnest advertisement as I made, they would incontinently have sent for me; and, upon knowledge of so evident matter as methought I had to show, have stayed till your grace’s return. I saw a determination to do all things suddenly at one time; whereunto although your grace agreed, yet of your wisdom I conjectured ye had rather have had it tarry whiles your return, 34 if you had not been pressed. And that word ‘pressed’ I noted in your grace’s letters to me, wherein you wrote you were pressed on both sides. Methought if by bringing myself to most extreme danger in your absence, I could have stayed this matter, besides my duty to God, and to my sovereign lord, I had done also your grace pleasure; of whom I have this firm opinion, that willingly and wittingly your grace will neither break the act of parliament, nor command books to be bought with authority, that contain such doctrine as these books do. Thus I adventured in your grace’s absence, wherein although I had remembrance of your grace, yet I made not your grace my foundation, but God chiefly (as God knoweth), with the preservation of our late sovereign lord’s honor that dead is, and the security of our sovereign lord that now is.

    Let no man be offended with the vehemency of my writing, for I wrote with a whole heart; and if I could have written it with the blood of my heart, I would have done it, to have done good, in staying the thing till it had been more maturely digested, and till your grace’s safe return. I touched the act of parliament lively, but as truly as ever was any thing spoken of. And I never wept more bitterly than I did. for a conceit that troubled my head, which never passed my lips, nor shall ever come out of my pen: I will tell it your grace, and you require it. Now whether the king may command against an act of parliament, 35 and what danger they may fall in, that break a law with the king’s consent, I dare say no man alive at this day hath had more experience, what the judges and lawyers have said, than 1. First I had experience in mine old master the lord cardinal, who obtained his legacy by our late sovereign lord’s request at Rome; and in his sight and knowledge occupied the same, with his two crosses and maces borne before him, many years. Yet, because it was against the laws of the realm, the judges concluded the offense of the praemunire: which conclusion I bear away, and take it for a law of the realm, because the lawyers so said, but my reason digested it not.

    The lawyers, for confirmation of their doings, brought in a case of the lord Tiptoff, 36 as I remember, a jolly civilian (he was chancellor to the king), who, because in execution of the king’s commission he had offended the laws of the realm, suffered on Tower-hill. They brought in examples of many judges that had fines set on their heads in like case, for doing against the law of the realm by the king’s commandment. And then was brought in the judges’ oath, not to stay any process or judgment for any commandment from the king’s majesty. And one article against my lord cardinal was, that he had granted injunctions to stay the common laws. And upon that occasion Magna Charta was spoken of, and it was made a great matter, the stay of the common law. And this I learned in that case (since that time being of the council), when many proclamations were devised against the carriers out of corn, at such time as the transgressors should be punished, the judges would answer, it might not be by the laws; whereupon ensued the act of proclamations, in the passing of which act many liberal words were spoken, and a plain promise, that by authority of the act for proclamations, nothing should be made contrary to an act of parliament, or common law. When the bishop of Exeter, and his chancellor, were by one body brought in a praemunire (which matter my lord privy seal cannot forget), I reasoned with the lord Audley, then chancellor, so far as he bade me hold my peace for fear of entering into a praemunire myself. Whereupon I stayed, but concluded, it seemed to me strange that a man, authorized by the king (as, since the king’s majesty hath taken upon him the supremacy, every bishop is such a one), could fall in a Praemunire.

    After, I had reasoned the matter once in the parliament house, where was free speech without danger; and there the lord Audley, then chancellor, to satisfy me familiarly, because I was in some secret estimation, as he then knew — ‘Thou art a good fellow, bishop,’ quoth he (which was the manner of his familiar speech): ‘look at the Act of Supremacy, and there the king’s doings be restrained to spiritual jurisdiction; and in another act it is provided, that no spiritual law shall have place contrary to a common law or act of parliament. And this were not,’ quoth he, ‘you bishops would enter in with the king, and, by means of his supremacy, order the laity as ye listed. But we will provide,’ quoth he, ‘that the praemunire shall ever hang over your heads; and so we laymen shall be sure to enjoy our inheritance by the common laws, and acts of parliament.’

    It is not yet full two years ago, since, in a case of jewels, I was fain with the emperor’s ambassador, and after in the emperor’s court, to defend and maintain by commandment, that the kings of this realm, were not above the order of their laws. And therefore the jeweller, although he had the king’s bill signed, yet it would not be allowed in the king’s court, because it was not obtained according to the laws; in which matter I was very much troubled, even this time twelvemonth, when I was in commission with my lord great master, and the earl of Southampton, for altering the court of augmentations. There was my lord Mountague, and other of the king’s learned council, of whom, by occasion of that matter, I learned what the king might do contrary to an act of parliament, and what danger it was to them that meddled against the act. It is fresh in memory, and they can tell whether I said true or no. And therefore, being learned in so notable cases, I wrote in your grace’s absence to the council therein, as I had learned, by hearing the commons speak (whose judgments rule those matters, howsoever my reason can digest them), and so wrote to the council; which my writings I fashioned so as I trusted my lord would have stayed till your grace’s return. And thus I have declared to your grace the purpose of my writing to the council so vehement, while, nevertheless, I continued with all humility to abide the order of authority, and learn all other obedience: for thereunto I have ever had as great regard, as any man in this realm. And as my word is ‘vana salus hominis,’ so I assure your grace I practice it thoroughly in my deeds.

    When my lords sent last for me, 37 I came to them with as much speed as I might, with my sleeves and bosom trussed full of books, to furnish my former allegations. I was heard very well and gently; and methought I showed matter that should have moved, for I showed the two books to be contrary, as I have written before; wherewith, they said, they were not moved; adding how their conscience agreed not with mine: using many good words to bring me to such conformity, as they would have had me at. Whereupon, knowing that I know, I could not relent. But after I had been a little beside from them, and was returned, they entered a precise order with me, either to receive precisely the injunctions, or to refuse; in which case they had further to say to me: adding, that your grace was privy to that was done there that day. My answer was, that I would receive the injunctions as far as God’s law and the king’s would bind me. And because I saw they grew to such preciseness, and remembering how, after a good sort, they had caused me to be accompanied before with Master Wingfield, making intimations, what would be the end if I would not yield I would not therefore leave unspoken, that which I thought might avoid what followed. I told them there were three weeks of delay to the coming of the visitors to me. In the mean time I offered to go to Oxford, to abide the discussion there; which offer was not allowed. I desired then to go to my house at London, and to have learned men speak with me there; which was not accepted. I entered then the allegation of the gospel, of the servant, that said we would not do a thing, and yet did it: and so I said it might be, that although I then said nay, as my conscience served me, yet I might percase change, and was a man that might be tempted. But, as my conscience was then, roethought God’s law and the king’s letted me. And upon knowledge of their pleasures, that I must to the Fleet, I told my lords I thought it hard, unless there were a greater matter than [that,] to send me to prison for declaring beforehand what I minded to do, before any thing had been by me actually done to resist the visitation, who had all the mean time to think on the matter, and repent me. Whereunto the answer was such as displeased me not inwardly so much, but I have well digested it, and (so all may be well) care not what becometh of my body. I departed as quietly from them as ever man did, and have endured with as little grudge here; and have learned this lesson in the world, never to look backward, as St. Paul saith, nor remember that is past; I will never grudge or complain of any thing for myself.

    As for the matter to have such books recommended to the realm in the king’s name by your grace’s direction, [it] me seemeth very weighty, and your grace not to have been well handled in it. All the world knoweth the king’s highness himself knew not these books, and therefore nothing can be ascribed unto him. Your grace hath been to your increase of honor so occupied, as all men know, your grace had no leisure yourself to peruse these books; and yet be the books as I have written. I leave the rest to your grace. If I, that tell the council my mind of them, have done so far amiss, because, when I know so much, I will not yet allow them, I shall from henceforth the more regard the lesson of an old ambassador, that bade me let evil tidings go home to my master a-foot, and send only good tidings by post, ashift with the word which agreeth not with my nature, as Master Wallop saith.

    Upon Friday last past, my lord of Canterbury sent for me to the dean of Paul’s house, whither I went with some gazing of the world. There I found my lord of Canterbury, accompanied with the bishop of Rochester, Master Dr Coxe, and Master Aire 16 ; and I was brought thither by the bishop of Lincoln. What report my lord of Canterbury hath made thereof I cannot tell. My lord of Canterbury was in hand with his Homily of Salvation, but nothing heard or saw I to save my conscience in agreeing to him; but heard that I should justly confirm me in mine own conscience. I made offer to yield to them in that homily, if they could show me any old writer that wrote how faith excluded charity in the office of justification. It is against Scripture’s plain words, and to swerve from Scripture without any one doctor to lean to it, were sore. Where Scriptures and doctors want, my lord of Canterbury would fall to arguing, and overcome me that am called the sophister, by sophistry. When I heard my lord’s argument, I denied it, and would enter none other declaration; for I keep that answer till some others than were there be present; my solution whereunto, when I declare it, shall make all the rest of the matter very weak, and my lord not to like his argument at all. One argument I could not assoil to come again to the Fleet. My lord of Canterbury charged me, that I like nothing, unless I do it myself; whereof I am not guilty. I was never author of any one thing, either spiritual or temporal; I thank God for it. I am also charged, that all the realm hath received these homilies without contradiction, save I: whereunto I answer, I think they have not read what I have read in these books. What hath been done I cannot tell, now I am kept as I cannot know, though I would. When I was abroad, I never sought to know more than was brought by common fame; for this shall be found true: I never advised any man to object any thing against these books, no one man, not my chaplains. A kinsman of mine, beneficed in my diocese, and not unlearned, came to me, and told me how he heard a lewd fellow say, that I would not receive the injunctions. ‘And sir,’ quoth he, ‘I rebuked him, and reviled him, and said you would as readily receive as any man.’ I told him, that in so saying he did very well. Upon my coming up, a chaplain, of mine, a doctor, of divinity, told me, he would receive the injunctions quietly, and say nothing. I told him, it should be well done, if I had tarried in my diocese. If any man had spoken but myself, I would have lost my life for it; nor I think there hath not now. This matter was to try a bishop, whether he careth more for the truth, or his own rest. What examples have I seen in this realm, how freely men have said their conscience against our late sovereign lord’s determination, and against the act of parliament? Dr. Crome, a mean man, preached against our late sovereign lord’s determinations; and how daintily he was handled to relieve his conscience! If your grace would have this for a precedent, that whatsoever the king’s council for the time of a prince’s minority shall send to be preached, must needs be received without allegation, of what strength is the act of parliament against the bishop of Rome? The king’s majesty, when he cometh to his age, will look to be bold to do as much with his subjects, as his council did in his minority; whereof the counsellors may be then weary. Precedents be dangerous, for I have seen it almost for a rule, that whatsoever hath been once done, may then, without question, be done again. In our late sovereign lord’s time, I have seen the council much astonied, when the king would have done somewhat against an act of parliament: it was made then a great matter. The lord Cromwell had once put in the king our late sovereign lord’s head, to take upon him to have his will and pleasure regarded for a law; for that, he said, was to be a very king: and thereupon I was called for at Hampton-court. And as the lord Cromwell was very stout, ‘Come on, my lord of Winchester,’ quoth he (for that conceit he had, whatsoever he talked with me: he knew ever as much as I; Greek or Latin, and all). ‘Answer the king here,’ quoth he; ‘but speak plainly and directly, and shrink not, man! Is not that,’ quoth he, ‘that pleaseth the king, a law? Have ye not there, in the civil laws,’ quoth he, ‘quod principi placuit, and so forth?’ quoth he: ‘I have somewhat forgotten it now.’ I stood still, and wondered in my mind to what conclusion this should tend. The king saw me musing, and with earnest gentleness said, ‘Answer him whether it be so or no. I would not answer my lord Cromwell, but delivered my speech to the king, and told him, I had read indeed of kings that had their will always received for a law; but, I told him, the form of his reign, to make the laws his will was more sure and quiet; ‘and by this form of government ye be established,’ quoth I, ‘and it is agreeable with the nature of your people. If ye begin a new manner of policy, how it will frame no man can tell; and how this frameth ye can tell, and I would never advise your grace to leave a certain for an uncertain.’ The king turned his back, and left the matter after till the lord Cromwell turned the cat in the pan afore company; when he was angry with me, and charged me as though I had played his part. This tale is true, and not without purpose to be remembered, how I have been tossed to and fro in this kind of matter. Thus I have showed your grace the whole matter with many more words than I intended in the entry of my letter, and make now an end; enforced by weariness of my body, fed with close air, rather than meat, which my stomach desireth not; yet I must say somewhat in the matter of only faith, wherein my lord of Canterbury so much travaileth.

    First, it is sure, he shall never prove that he would say in that matter. But, to make an end of it, either I am a very fool in mine own conceit, which may easily be, or I see an occasion given to your grace to make such a true determination in it, as may be honorable to your grace, the contentation of all the world, the preservation of the king’s honor that dead is — without prejudice of the act of parliament, without derogation to my lord of Canterbury’s honor, without diminution of the reputation of the council, and without any glory to the bishop of Winchester; which is, in some men’s conceit, the greatest matter of all that be yet rehearsed; and in good faith I would I were not, so all were well.

    Your grace’s doing in Scotland is not, to my judgment, more to your grace’s honor than this would be, which God grant, and your grace much honor and felicity.

    At the Fleet, the 14th of October. [A.D. 1547.] Your grace’s humble bead-man, S. W. A LETTER OF WINCHESTER TO THE LORD PROTECTOR.

    After my most humble commendations to your good grace: since the writing of my last long letters to your good grace, which as they wearied me in writing, so they have, I think, wearied your grace in reading, I have been in great expectation to hear somewhat from your grace; of whose gentle and favorable mind towards me I cannot doubt, howsoever the declaration thereof at this time be hindered by other bye-persuasions, wherewith although your grace may be somewhat moved, I marvel not; and therefore, whiles all things may be tried, do well satisfy myself, not minding by any suit I have or shall make, otherwise to press your grace than may be conveniently obtained of you in the state you now present. And yet sue I must of congruence, for declaration of my humility, and also importunely sue, lest I should be seen to contemn, and to be entered into a melancholy, proudly to disdain the world, which, I assure your grace, I do not, nor ever had any such fantasy; whereof they can be witness, that have continually seen my behavior, since the death of our late sovereign lord, and since my coming to this prison. And yet my lord of Canterbury, when he sent for me last out of the Fleet, handled me with fair words, declaring me a man meet, in his opinion, to be called to the council again; adding how we (he said) did daily choose in others, that were not appointed by our late sovereign lord. They were worldly comfortable words, and as far contrarious on the one side, as the Fleet is on the other side.

    But I have not, I thank God, that deceit which my lord of Canterbury thought to be in me, or would seem to think so, whereby to induce others to think the same: as though I were not moved to say as I do, for any zeal to the truth, but of perverse frowardness; as one that liked not his estate, and therefore cared not what became of him. The truth whereof to be otherwise God knoweth: and I am able to make to the world sufficient proof and testimony of the contrary, if it he required. First, as touching the book of Paraphrase, whereof I wrote to your grace special faults, and others I have to show as great as they, I trust: and doubt not, the matter itself shall sufficiently declare, that I have done well to speak against that book; assuring your grace, that since my coming to prison, many days together when I looked on it, I saw every day some new thing in such sort of fault, as ought worthily to condemn the work. I have favored Erasmus’s name as much as any other, but I never studied over this book till now, and now I agree with them that said, ‘Erasmus laid the eggs, 39 and Luther hatched them:’ adding further, that of all the monstrous opinions that have arisen, evil men had a wondrous occasion ministered to them of that book.

    And, therefore, I trust the matter of that book will purge the evil opinion as might be gathered of me, wherein I offer to prove that I said with any learned man, [under] pain of shame and rebuke, and to be taken for a malicolyke beast.

    As for the Book of Homilies, in that point where my lord of Canterbury would have taught how faith excludeth charity in the office of justifying, besides that my conscience is otherwise persuaded, and truly persuaded, it doth so touch me outwardly in the world, as, if I would [agree], for any intercession or request upon offer to be a councillor, or have as much more land as all the bishops may spend, I were worthy (for so agreeing, for meed on the one side, or dread on the other side), first, to be whipped in every market town in the realm, and then hanged for example, as the veriest varlet that ever was bishop in any realm christened; unless my lord of Canterbury could show me either Scripture that so said, or some ancient writer: 40 wherein I desire only to see but one, where commonly two be required in every matter. But because it is in a matter of only faith, I require but one ancient writer, whereby I cared not for my conscience, as some would have it; persuaded, if I might excuse myself at least to the world, that I were not worthy to be whipped and hanged in all good men’s judgments, and mine own also.

    And this matter I write unto your grace, to declare unto you in what straits I am tied inwardly in my conscience by very truth, so I am tied outwardly in the world with shame: whereby appeareth that I resist not this matter of a wilful purpose, or that I like it not because I was not a counsaylle (which words my lord of Canterbury used to me); for I am even driven to do as I do of necessity on both sides, in my conscience before God and the world abroad, whereof if I show not your grace such a proof as cannot be denied, let me be out of all credit in every thing, and be accounted a liar; which I abhor above all faults. Whereupon me seemeth my case is miserable, to be so encumbered as I am, and yet to be used as I were without cause obstinate, notwithstanding all such circumstances as I have used to humble myself to learn and abide. I yielded myself to be opposed at Oxford, that I might say, if I yielded, learning had overcome me. When that was refused, I offered myself to go to school at home, with offer to yield to the truth. And although I have to maintain me, both the plain Scriplures, the doctors plain, and the plain act of parliament; yet, for conformity, offered to my lord of Canterbury, to yield, if he could show me one scripture 41 affirming faith to exclude charity in justification; or, Scripture failing (as it doth indeed), to show me but one ancient writer that writeth so, with offer to yield and give place: which offer excludeth all stubbornness, and all evil opinion that might be conceived of wilfulness in me. It is now twenty days ago since I spake with my lord of Canterbury, when the strongest arguments he made me, were, to agree, with hope to be a councillor again, or go to the Fleet from whence I crone: for, when I made request to the contrary, he said he had no such commission from the council And so here I remain without bail or mainprise; without comfort of any of my friends or servants; as one divided from the world; no chaplain to accompany me in prayer; no barber nor tailor for bodily necessaries, nor liberty to use physician for relief of disease, whereof I have need. And your grace, who I think would show me relief (for I will never think want of good will in you), is percase persuaded, by means, that I resist the truth wilfully, and that your grace may not in any wise show me the least comfort in the world: for then no man shall rule me. And then your grace, that showed so much favor to the earl of Southampton, late chancellor, wherein all the world commended your gentleness, if your grace should now any ways comfort me in prison with the least token of gentleness, ye might be noted to favor Winchester’s faction, as some term it: whereas, I take God to record, I never joined myself with any man, nor have secretly encouraged any man to be of my opinion; and as yet I have none other opinion, but such as the parliament hath established. The earl of Southampton did many things while he was chancellor, touching religion, which misliked me not, but I did never advise him so to do; nor made of him the more for it, when he had done. He was one of whom, by reason, I might have been bold; but I left him to his conscience. Therein I never said so much secretly to any nobleman of the realm, as I have to your grace; at which time I advised your grace to be noted neither on the one side nor on the other. And your grace hath for yourself as good a name as can be. And I shall say this without flattery, that like as chance very notably hath advanced your estate many degrees, since the time of my first acquaintance with you, so have you had occasion to show your virtue, whereby to be thought worthy your estate, by means whereof you cannot wish a more felicity than you have, to be the beginning of such an estate as ye shall leave, by God’s grace, to your posterity. This is not altogether out of my matter, for whatsoever become of me, I would your grace did well. Men be mortal, and deeds remain, and methinketh my lord of Canterbury doth not well to entangle thus your grace with this matter of religion, and to borrow of your authority the Fleet, the Marshalsea, and the King’s Bench, with prisonment in his house, wherewith to cause men to agree to that it pleaseth him to call truth in religion, leaving that he setteth forth, not stablished by any law in the realm, but contrary to a law in the realm. At the least a law it is not yet; and, before a law made, I have not seen such a kind of imprisonment as I sustain, humbly offering myself ready to learn. Our late sovereign lord, whose soul God pardon, suffered every man to say his mind without imprisonment, till the matter were established by law. If my lord of Canterbury hath the strength of God’s Spirit, with such a learning in his laws as he be able to overthrow with that breath all untruths, and establish truths — I would not desire the let of it by your grace, nor the work of God’s truth any way hindered. In which case if all the realm be persuaded besides myself in this matter, it shall be easy for to reprove me in the face of all the world, and drive me to the ground with the sword of God’s Scripture; which he should rather desire to do, than to borrow the sword your grace hath the rule of, wherewith to fear men; which is a mean to slander all that is done, or shall be done, if men be prisoned before a law made. And I cannot believe but there be more than I, or else I should not be kept so secret. For and all my folks resorted to me, and told me there was no reason to stand alone against all men, to undo them, and myself, also, in this world; it were a greater temptation than my lord of Canterbury made, to put me in hope to be a councillor again. Be your grace assured, the foundation of my ground is a zeal to the truth. Although I have many worldly considerations to allege for me, which serve to purge me of wilfulness, which I assure your grace is not my fault, I will not trouble your grace with all I could say of my knowledge: whatsoever my words be of my lord of Canterbury, which the matter enforceth me to speak, I am in none enmity with his person, and that I am able to prove; but my lord hath, in the homily of Salvation, taken such a matter in hand, and so handled it as, if I were his extreme enemy, I would have wished him to have taken that piece in hand, and so handled it as he hath done. For that asseveration, how faith excluded charity, can neither be proved by scripture, nor confirmed by any ancient writer, or persuaded by any effectual argument. And one argument my lord hath devised, which he frameth thus: ‘We be justified by faith without all works of the law: charity is a work of the law: ergo we are justified without charity.’ The answering of which argument (which I can do plainly by authority) shall declare, that either my lord is deceived himself, if he take it for a strong argument, when the opinion of his learning shall be hindered; or, if he use it willingly, knowing the fault in it, the lack is greater another way. But the answer to that argument dissolveth all the matter, whereunto I have an answer made one thousand two hundred years by-past; which I will of my peril show, if my lord will avow it for his argument. And if my lord will send me the argument of his hand, I will send him the answer of my hand, whereby shall shortly appear, whether I trifle or no.

    In the latter end of my last letter to your grace, I spake of a determination, whereof I wished your grace were author. For weariness of writing I did not open what I meant in specialty, intending now to begin in the middle of this sorrow, with a merry tale; but a very true tale, and not unmeet to be rehearsed. Thus it happened: Certain doctors of divinity at Paris, minding with utterance of some learning, whereof they had store, to requite a gentleman that had bidden them to dinner, using a preface, that as he had fed them with bodily meat, they would feed him with spiritual food, propoiled this question, to be disputed amongst them’. ‘Whether the ass that carried, our Lady and Christ, when Joseph fled with them into Egypt, when it carried our Lady only with Christ in her lap, carried then as perfect a burden as when it carried our Lady with Christ on her lap, and a flea sitting on her head?’ Herein the doctors were in great earnest, and many hot arguments were between them in the matter, with much expense of language, ‘whether our Lady alone, with Christ in her lap, were as perfect a burden, as our Lady and Christ, with a flea upon our Lady’s head?’ The audience, which was learned, was well cheered with laughing; but other edification the matter had not. And it may be laughed at, whensoever it is told, to see in what trifles many men spend their time. And now I shall say that which is strange at the first reading, but it is true.

    The matter of justification — whether only faith justifieth, and whether faith excludeth charity in justification, — pertaineth no more to the use and practice of our church of England (although in knowledge it be a grave matter), than the trifling question I rehearsed,pertained to the hearers’ edification in good living. 42 I beseech your grace to know how I put a difference between use and knowledge. The knowledge of justification (as I have said) is, in learning, of more weight, and such as for the entreating of it, many have wept even here at home, besides those that have wept in Germany. But the use and practice of it is no more necessary in the state of the church of England, than is the handling of the other question; and for any use in the church, the one may be forborne as well as the other, considering the baptism of infants is so duly observed; in which sacrament of baptism all we be justified before we can talk of this justification we strive for. And unless the church leave the use to christian infants (which shall not be), there cannot be a time, in which the knowledge of the justification we strive for, can be practised: but all men shall (as we already, have), receive their justification in baptism in their infancy. So as the doctnne of ‘only faith justifieth,’ if it were true as the homily declareth, it is no more necessary for the present state of the church, than to know whether the burden of our Lady and Christ only, were as perfect, as the burden of our Lady and Christ, with a flea sitting upon our Lady’s head, which the solemn doctors of Paris so earnestly entreated of.

    Some will say I am waxed mad in prison to compare these two together: but as I compare them for use and practice, the one is as necessary as the other; and I was bold to use the merry example, to imprint the matter the better in your grace’s memory. For it is as I say, when we have all talked; for we all are justified in baptism while younglings; and, falling after baptism, we must arise by the sacrament of penance, which must be confessed of all men, unless they be such as deny all sacraments, as some have done indeed; wading so far in the sifting of only faith, that they have left nothing but faith alone; and yet spent a great deal of their faith in the handling of it, or rather all. And that is a general fault I find, that such as write in that matter, do not handle it faithfully, in alleging the doctors and Scriptures right as they be. Now if this be true that I have written (which is true indeed), were it not an horrible, part of you to say, ‘Why trouble ye the world for a thing not necessary; and so put it from the country, and make it as it were a Chequer- Chamber case? And so to be sent to the universities, for whom it is meet soberly to talk, and not for homilies, wherein the people shall hear that they shall never practice, because they learn it too late; being justified before in their infancy in baptism.

    My lord of Canterbury told me, his intent is only to set out the freedom of God’s mercy; which may be done much more plainly, with putting the people in remembrance of the constantly received faith of the church in the baptism of infants; whereby such as be justified and saved in the virtue of Christ’s passion, who, after baptism, by malice fall not to sin, those must return to Christ by penance; but such as die before that actual sin hath defiled their soul again, if they die in the innocency received in baptism, be saved. And yet those children, when they were christened, did nothing but cry for cold, or, when they were over-hard griped, for fear of falling. And when this is believed, is not God’s mercy believed to be ministered after a most free liberal sort, if my lord of Canterbury mind only that the matter shall appear without argument, as we practice justification in receiving the sacrament of baptism? And as for justification by only faith, it is all out of use, howsoever we expound it, as the state of the church is now.

    And it is a terrible matter to think on, to see such a contention to rise upon a matter not necessary to be spoken of; wherein if my lord of Canterbury will needs travail, my judgment is, that he shall never persuade that faith excludeth charity in justification, unless he borrow, of your grace’s authority, prisons; and then he shall percase have some agree unto it, as poor men kneel at Rome, when the bishop there goeth by; that is to say, are knocked on the head with a halbert, if they kneel not; for that is one piece of the office of the bishop of Rome’s guard.

    Finally, there hath been nothing done, but your grace may use it to the augmentation of your honor. I have things more to say, but this matter is over long already, and me thinks I have been over long here; and, showing myself so humble a scholar as I have done, it is much to be beaten because I do not learn where no man teacheth me, and so willing to learn as I ask but one Scripture, or, Scripture failing (as it doth for my lord of Canterbury’s purpose), I ask but one ancient doctor. This is my case; for as touching any act of disobedience, my lords of the council did foresee, that I should not fall in that danger, and therefore would not trust my frailty to be in the country, when the visitors should be there; but made me sure here, lest I might have offended, if I had been there: though I had but a few words to speak (that is to say, ‘saving God’s laws and the king’s’), yet they might have been misreported, and so engendered me more trouble. And this good I have of my being here, which I suffer patiently, and make it to serve for my purpose in my conceit; as, I thank God, I have no displeasure of mind, and only feel such as the body engendereth for want of some necessaries, whereof if I may have relief at your grace’s hand, I will accept it as thankfully as any man hath any benefit at your hand, and as instantly require it of you. And yet, if I have no other comfort from your grace than I have hitherto had, I will think nevertheless as well of your grace as ever I did, and be only sorry, that in the state you be in, the liberty of doing that your heart would persuade you, should be as straitly enclosed with respects, as my body is with aches. Thus, desiring your grace to take in good part my bold writing to you, I shall make an end, and pray Almighty God for the preservation of your person, with increase of honor and felicity.

    At the Fleet, or rather in the Fleet.

    Your grace’s humble bead-man, S.W.

    A LETTER OF WINCHESTER TO THE LORD PROTECTOR.

    After my most humble commendations to your good grace: upon trust that your grace would take my letters in good part, and not otherwise than I wrote them, I wrote to your grace out of this prison, as I was wont to write to our late sovereign lord (whose soul God pardon!) when I was ambassador, refreshing myself sometimes with a merry tale in a sad matter; which his highness ever passed over without displeasure, as I trust your grace will do the semblable. For though some account me a papist, yet I cannot play the pope-holy, as the old term was: I dare not use that severity in writing, which my cause requireth, to speak of God, and his truth in every second sentence, and become suddenly a prophet to your grace, with a new phrase of speech, with whom I have been heretofore so familiarly conversant. As I think honor hath not altered your grace’s nature, even so adversity hath not changed mine.

    Of your high place in the commonwealth, no man is more glad than I, nor no man shall do his duty further than I, to acknowledge you, as your grace is now, protector and governor of the realm. But I have been so traded to speak boldly, that I cannot change my manner now, when percase it doth me no good. And although there be an Italian in prison with me, in whom I see a like folly, who, living with a little miserably, will not for his honor take alms, fancying to be still in the state he was some time, which manner I condemn in him, yet I follow him thus far, rather to write after my old manner, which cometh plainly to mind, than to take alms and aid of eloquence, whereof I have, in this estate, need. For your grace’s letters return every word of my letters in my neck, and take my fly as it were a bee, which, I thought, should have stung no man: which matter, in mirth, declareth the necessity of the other matter, as aply as may be, neither to be necessary. And when I wrote, I forgat, as my fellow-prisoner the Italian doth, the state I am in now; and wrote as I had written from Antwerp in the state of ambassador. The Italian my companion hath his folly of nature; I have it, of custom in bringing up, which hath the effect of nature, and is called of learned men, another nature. And then the proverb of gentleness hath place, when men say to him that is offended, ‘You must bear with the man’s nature;’ and so I trust you will do with me.

    Two things there be in your grace’s letter, which I trust I may touch without contention: one is, that if your grace will, in a plain similitude, see the issue of faith only, and whether faith may exclude charity in the office of justifying, or not, it may be well resembled in the making of laws in this parliament, where the acts be passed by three estates, which be all three present, and do somewhat together, and concur to the perfecting of the law; wherein we may not say, that any one estate only made the law, or that any one estate excludeth the other in the office of making the law. This may be said: that these three estates only, in respect of the rest of the realm, make the law; and there need no more of the realm be present but they. But if we speak of these three estates within themselves, there is none estate only, that maketh the law.

    But whereas the law hath as it were a body and a soul, the high house and the low house of the parliament make as it were the body of the law; which lieth as it were a dead matter, such as is not apt to take life, till the king’s majesty hath, by the breath of his mouth (saying, le roi le veult), breathed a full life into it, in the conclusion; besides the life, the assembly of the other estates had, by his authority, to assemble; which had else been a dead assembly, even as faith and hope be dead without charity. And as the king’s majesty, in this similitude of making laws, exchdeth not in office of the whole the other two estates, no more do the estates, because they devise and frame laws, exclude the king’s majesty in the office of making laws; for without his authority they be nothing, as faith and hope be without charity not effectual. And look, what absurdity and untruth this saying hath in this realm, to say, ‘The higher house and the lower house exclude the king in the office of making of laws,’ the same absurdity is yet in religion, to say, that faith excludeth charity in the office of justification: and therefore it was never written of ancient writers. And therefore I desired my lord of Canterbury to show me but one, and yet he cannot. In our time this dream hath been dreamed without Scripture, without authority, against Scripture, and against authority, as I can show. And further I can show, how this imagination extendeth so far by them that open their mind in it thoroughly, as your grace would not at the first believe, if I did express it. But I can show, that I fain not evidently, as clearly for my discharge as I could wish. Another matter of your grace’s letter is, where your grace reasoneth with me that I am over precise in finding of faults in the Paraphrase, seeing every book hath some faults. And then your grace taketh not Erasmus for a gospel, but as one in whom somewhat may be reprehended or amended. After which manner of sort, if your grace take the Homilies (as, for like reason, in my judgment they must; for they be men’s compositions, as the Paraphrase is, and. not the very gospel itself), why should I be kept in prison, who offered to receive the Homilies and Erasmus both, so far as they were without fault, either of God’s law or of the king’s.

    Because I saw the errors before, and spake of them, I have made more speed to prison than others have done, who, percase, for troubling of their conscience, have received the books close, with such reverence as becometh men to receive that are sent from their prince; wherein I would have done as they did, if I had not seen the books before. But I did, as I have seen divers noblemen do (and among them, as I remember, your grace), when they have been sent in service, to have used such diligence, as to see their commission and instructions made, or they went; and finding something doubtful or amiss (after the commission was sealed, and instructions signed), worthy to be mended, have, upon declaration of their mind therein, obtained amendment with commendation.

    Now I have a charge in the bishopric of Winchester, to see the people fed with wholesome doctrine; wherein if I be so diligent as to look upon the commission, and considering what I shall be charged with to do, take this or that for a fault in my judgment, and labor to have it amended, wherein differ I, from other men’s diligence? and how can it be taken for a fault, to say reverently to the council, ‘My lords! me seemeth, this and this cannot stand together: either instruct me in them, or amend them.’ In what nature of crime should this humility be? Am I worthy, for so saying, to be condemned to a perpetual prison? and to be a close prisoner, to speak with no man, to hear from no man, to talk with no man? for my household, which is a great number, [to be] wandering and lamenting for me? My case should be in the nature of praise, in the nature of commendation, in the nature of thanks, if none other have said that I can say. If one only man in a realm saith, He knoweth treason to subvert the whole realm; and can show evident proof of his so saying, shall he be prisoned, because of good-will he offereth to say and prove that, no man else uttereth but he, and therewith offereth to prove that he saith to be true? It is incredible that a king should set forth a hook tending to the subversion of his own estate; and therefore that I shall say, cannot touch his majesty, who knoweth not what is done (as reason judgeth) in his tender age. It is also incredible that your grace, being uncle to him, should be content that any book should be set forth, that might tend to the subversion of his estate. And I dare say for your grace, you would not — if the book be like the horse that the Trojans received into their city, wherein the Trojans knew not what was in it. Let me be heard, that know what is in the book, and so know it, as I can show it as evidently as I can the sun and the moon in bright days and bright nights, when both shine. I do not trifle with my wit to undo myself, but travail with my honesty to preserve my country, to preserve my prince, to preserve religion: and this your grace shall find to be true, which, knowing my letters to be construed to the extremity, I would not write, unless I were furnished with matter to discharge my writing. Your grace, I doubt not, remembereth Singleton’s conspiracy: and Erasmus hath framed his doctrine, as though Singleton had required him thereunto.

    I have such matter to show, as though I had myself devised it for my justification; and yet I am reasoned with, as though one given to let good doctrine, to find a knot in a rush, to trouble good enterprises; after which sort your grace is moved to write unto me; and thereupon I remain here still without hearing, having such matter to utter as shall confound them all; which I would not write if I were not assured. For it were a small pleasure to me, writing thus extremely, to be confounded when I had been heard, andthen worthily sent hither again for lying so manifestly; which I would think a worthy punishment, as this is unworthy — to be handled as I am for virtue, that I dare say the truth,can declare the abomination of this Paraphrase, and of the Homilies also — in both which matters I have showed all I can show. I shall declare I am not worthy to be kept here, and yet here I have remained these eight weeks, without speaking with any man saving my physician, who, I thank your grace, hath done me good. And yet, when men see I am thus banished from the world, so as no man may speak with me, it is not pleasant for any man to resort unto me. And this I perceive: If my lord of Canterbury think I will wax mad, he is deceived; for I wax every day better learned than other, and find every day somewhat to impugn the Paraphrase and Homilies, 43 not by wit or device, or other subtlety, but plain sensible matter, if I may be heard. And if I be not heard, my conscience telleth me I have done my duty, and therewith from travail shall apply myself to prayer, wherein I shall remember the properous estate of your grace, — whom God preserve!

    In the Fleet. S.W.

    TO THE LORD PROTECTOR.

    After my most humble commendations to your good grace: whatsoever your grace’s considerations be not to hear me yet, nor answer me, and howsoever I determine and do bear patiently the state I am now in, reason, nevertheless, bindeth me to continue my suit, that if your grace seeth at any time occasion to change your determination, there shall nothing want on my behalf to provoke your grace so to do. He that is refused at one time may be heard at another, and importunity speedeth, when none other mean can prevail: being also a fault in the inferior, to despair of the superior in so reasonable a request as mine is; which I cannot do of your grace for other respects: I have remained here long unheard of your grace, enclosed up more closely, now close religions be begun, than ever were any whilst they were here. No stranger may speak with me. I cannot have the company of my chaplain, which is necessary for me after so long time. And if your grace hath no leisure to hear me shortly, I trust you will, without delay, suffer my chaplain to resort unto me; as well as of your gentleness ye have suffered the physician for my body to come to me, for the which I most humbly thank your grace. Herein I desire your grace to answer me by this bearer, that I may have some comfort from you, for whose preservation I shall pray to Almighty God.

    Your grace’s humble bead-man, S.W.

    TO THE LORD PROTECTOR.

    After my most humble commendations to your good grace: I am very loth, knowing your grace’s business, to trouble you with many letters; and yet, not hearing from your grace any thing for answer to mine other letters before written, I am so bold to write these, wherewith to put your grace in remembrance of mine estate in prison, as one dissevered from the use of his servants and friends, and as it were buried quick, without knowledge of any just cause wherefore; and with knowledge, by course of time, that now the parliament is begun, whereof I am a member, unless my fault had cut me off; and whereunto I was called by writ, which I received before my coming hither; where I would also gladly do my duty, as I am bounden, if I were not detained and bounden in prison from my liberty that I might so do; which allegation I make the rather to your grace, to the intent, with the opening of a necessary suit worthy to be regarded, I might minister occasion to your grace, whereupon to show such gentleness to me, as of your own gentle heart, I am persuaded, your grace gladly would; for whose preservation, with increase of honor, I shall pray to Almighty God; who have your grace in his tuition!

    Your grace’s humble bead-man, S.W.

    TO THE LORD PROTECTOR.

    After my most humble commendations to your good grace: I cannot discuss by conjecture, why evidence is thus put off in my case, that hath been wont commonly to be granted to all men. If it should be of any man, through policy, to keep me from the parliament, it were good to be remembered, whether mine absence from the upper house, with the absence of those I have used to name in the nether house, will not engender more cause of objection, if opportunity serve hereafter, than my presence with such as I should appoint were there, the signification whereof is the chief cause of these letters; for as I am now encumbered with being here, so might some be encumbered therewith hereafter; which should do me pleasure. My matter that I have to say, toucheth the highest, and is worthy to be heard: whereunto my lord of Canterbury can only answer, that he would never have thought it, or that he hath been otherwise informed of them he put in trust.

    For it,would touch him overmuch, to grant he had so much knowledge in the Paraphrase, as I now have; and, knowing the same, to have advised your grace to set it forth to the people. I can say much which is expedient for your grace to hear and consider; desiring only this credit of your grace, to think me worthy to be heard, and thereupon give me audience. I cannot enchant men, nor look to be believed in the matter, unless it be so plain as no man can gainsay it, and therein the book to be judge. The nature of my cause should move your grace — my long imprisonment should move your grace — the present assembly of learned men should move your grace; to celebrate mine audience; and if your grace knew what I could say of the long letters your grace sent, good faith! your grace would make so much the more speed. For whereas the purpose of your grace, in these letters, is to alter my judgment, the handling of the matters is such, as I am able to show good cause why they should, as they do, work a contrary effect; as I am able to declare, if ever I come to your presence.

    My lord of Canterbury will needs maintain, that our late sovereign lord was seduced; and then it is possible that your grace may be seduced also: and therefore it is good for your grace to hear, and to hear in time. Whatsoever I have written to your grace, is true; and I have not written all the specialties I know in the greatest matters, which your grace shall perceive to be true. I see evidently, that unless my matter be very notable, and also plain, it shall not boot me to allege it. Thus much I am learned by your grace’s letters, and therefore, if I had any cause to mistrust it, I would use another mean, whereof in your grace’s letters I see some comfort: but my matter is so plain and so expedient to be understood, that I must needs desire of your grace to be heard in it, wherein it may like you to send me knowledge of your pleasure, and that my suit to your grace may stand in some stead, for whose preservation in honor In the Fleet.

    Your grace’s humble bead-man, S. W.* TO THE LORD PROTECTOR.

    After my most humble commendations to your good grace: in my third letter I signified unto your grace my need of the counsel of a physician, as the state of my body then required: whereunto because I had no answer, I have used all other means of relief that I could, to avoid that need; as one loth to trouble your grace with requests not necessary. Master Warden of the Fleet, and my servants, know that I fain not; and I have cause to fear, the effect will show I fain not indeed. In this case I may not desperately forbear to write to your grace, and think that because I have had no answer to all mine other letters, among which I made mention of this necessity, that I should likewise have none answer to this. As I have determined myself to a truth in the chief matters, so I eschew to use simulation in bye-matters. My mind, I thank God, was never so quiet, as it hath been since my coming hither, which hath relieved my body much; but the body hath need of other relief, which cannot be had as I am kept by commandment.

    These seven weeks, saving one day, 44 I have been here under such strait keeping, 45 as I have spoken with no man. And thus me seemeth I see my matter perplexed: Your grace will meddle with nothing done before your coming home; and those of the council that sent me hither, can by themselves do nothing, now your grace is coming home; upon which consideration I sue to none of them, and perceive that your grace, to whom I sue, for some respect forbeareth to make me answer: for such a paraphrase I make of your grace’s silence, wherein I go as near as I think the truth, as Erasmus in his Paraphrase some times, wherein he taketh upon him to guess the cause of Christ’s doings. I thank God my mind can take no hurt, how vehement soever these temptations be. But when a certain sect of philosophers, called Stoics, contemned in their learning stoutly the grief and disease of the body, they were fain a little to shrink, when the gout or any disease nipped them: and now my stomach nippeth me, which I have favored as much as any man in England, and have laden it as light either with meat or drink of many years, and specially since my coming, as any other. And after I saw I could get no answer from your grace for a physician, I have left off such study as I used, and given myself to continual walking for exercise; and, with hope of relief, have delayed any further suit in that matter till now. And now I sue enforced, which I do most humbly, with request that imprisonment — being to me that was never in prison before, of itself tedious — be not with special commandment made more grievous, unless I were charged with other offense than I am yet charged with, or in my conscience can be. For me seemeth I have deserved thanks of your grace and the realm, for the disclosing of the faults of the Paraphrase, wherein I have written some specialties, but not all; and have such to show, as I may term that book at one word, ‘abomination,’ both for the malice and untruth of much matter out of Erasmus’s pen, and also the arrogant ignorance of the translator into English, considering the book should be authorized by a king, and, by the injunctions, charge the realm for buying rather above twenty thousand pound than under; whereof I have made account by estimate of the number of buyers, and the price of the whole books. The translator showeth himself ignorant, both in Latin and English; a man far unmeet to meddle with such a matter, and not without malice on his part; whereby your grace may take an argument, what moved them that counselled your grace to authorize such a book in the realm. As for my lord of Canterbury’s Homily of Salvation, [it] hath as many faults, as I have been weeks in prison, which be seven, besides the general, that the matter maketh a trouble without necessity, and is handled contrary to the teaching of the parliament.

    Finally, In the two books the matter I have to show is some part so dangerous, as (after I knew it as I know it) the concealment thereof were a great fault, if I did not utter it. As for the manner of mine enterprise to utter it, I know not how to have fashioned it better, than to write to the council in your absence, and on my knees to declare some part of it, when I came to them receiving their determination of imprisonment. I humbly departed from them hither without grudge, and remain here without grudge to any one of them, for they showed no fashion of any evil mind towards me.

    And I have learned in the civil law, that the deed of a number, is no one man’s act; with this also, the authority is to be honored: which rule I observe in thought, word, and deed. After which sort I remain, with such suits as I have made to your grace hitherto, and with this also that I add, enforced for the relief of my body (how little soever I do, and have cause to set by it); which I most humbly desire your grace to consider, and to send me some answer by this bearer. And I shall pray Almighty God for the preservation of your grace’s felicity.

    Your grace’s humble bead-man, S.W.

    CERTAIN ADDITIONS AFTER THESE LETTERS ABOVE SPECIFIED, WITH NOTES AND SOLUTIONS ANSWERING TO THE SAME.

    Thus have we set out to thee, gentle and studious reader, an extract of certain letters of bishop Gardiner: not of all that he wrote, but of such as could come to our hands. Neither of these also that we have, for any good stuff, or any great profit therein contained, or that they did clear him or his cause any thing, for the which he was most worthily condemned. For if there did or might appear any such thing in all his writings, that might clear the ill-favored doings of that man, be thou sure, such as were then secret about him, and yet his well-willers (their names I leave untouched), having his writings, and being able to show them, as I am privy they are, would not so conceal them in covert as they do, being thereto both provoked and occasioned by us, if they had seen any thing in them meet to relieve the person, or to remedy his matter. Wherefore think not for any such effect these his vain-glorious letters to be brought in here of us; but only that thou mightest hereby collect and understand by those his aforesaid epistles and articles following, not only the whole course and story almost of all his proceedings from time to time, but also mightest see the nature and inward condition of the man, how vain-glorious, full-stuft and puft up with arrogancy, and drowned in his own conceit he was; much like to the person, or rather he himself, described in the Latin comedy, Miles Thraso Gloriosus; having nothing in his mouth but emperors, kings, councillors, protectors, advisements, direction: as though all direction of realms and princes did flow out of his brain, like as it is in the poet’s fables, that Minerva did spring out of the head of Jupiter. And yet, if this vainglorious conceit had been alone in him, less matter had been against him.

    Now his subtle practices, and pretensed purposes, and dissimuling conveyance, did not only augment, but also exceed all his other evils, as in the letters above specified is notorious and evident to be seen; wherein though he durst not apertly gainsay that which he inwardly misliked, yet how covertly doth he insinuate himself to the lord protector, under pretense of giving counsel, to bring that to pass which was for his purpose! that is, that no innovation or alteration might be made of religion during all the king’s minority, but that all things might stand as king Henry left them, and that is the chiefest butt, in all letters, whereto he driveth, using commonly this argument, which, as it is easy to recite, so neither is it hard to answer to; although in the notes before we have answered, already sufficiently.

    THE SUM AND CONCLUSION OF ALL WINCHESTER’S DRIFT IN HIS EPISTLES BEFORE. “That is chiefy to be feared and avoided of the lord protector, and now specially in the king’s minority, that may both bring danger to him, and trouble to the realm: — “Innovation of religion from that state, in which king Henry left it, may be and is like to be dangerous to himself, and cause trouble to the realm. “Ergo, Innovation of religion, from the state that the king left it in, is in no wise to be attempted.”

    THE ANSWER.

    To answer first to the vocable Innovation, which he stumbleth so greatly upon — this I say, that innovation is properly used, where a thing is brought in anew, which was not before. Forsomuch therefore as in this alteration there is no new religion brought in, but only the old religion of the primitive church revived; therefore here is to be thought not so much an innovation, as a renovation or reformation rather of religion, which reformation is ofttimes so necessary in commonweals, that, without the same, all runneth to confusion.

    Secondly, I answer to the argument (which I do deny as a “fallax,” for there is “fallacia accidentis;” where it is said, that reformation of religion gendereth danger to the protector, and trouble to the realm), First, what will come, that is uncertain: and, God be hallowed! yet no danger hath come to England for the reformation of religion. And though there did, yet the cause thereof is not to be imputed to religion reformed: for sincere and true doctrine of its own nature worketh quiet, peace, and tranquillity, with all good order. And if the contrary happen, that is incident by other causes, as by the malice of Satan, and wicked adversaries; not by reason of the doctrine of true religion. So, after the preaching of Christ and his apostles, dissension followed in commonweals betwixt father and son, brother and brother, etc.; but that is not to be ascribed to them, but to others.

    As concerning the faults found in the Paraphrase of Erasmus, 46 this I answer and say, that this bishop belike had overwatched himself in this matter. For if it be true, which he himself affirmeth, that he never read that book before, and now he never slept till he himself read it; it happened, peradventure, that in the overmuch watching of himself, and swift reading of the book, his judgment was asleep, whilst his eyes were open in reading the same.

    Likewise touching the Book of Homilies, especially the Homily of Salvation, wherewith he findeth himself so much grieved with the archbishop; seeing he bringeth forth no proofs, I have nothing to answer.

    In the mean season, this I have to think, that if he had been so cunning in the knowledge of his own salvation, as he was in the destruction and vexation of Christ’s members, he would never so rage against that homily.

    Touching the examination of Anne Askew, if it be misreported by Master Bale, why doth not he note the places, which they be, and wherein? And if he had, or were able so to do, yet, seeing the examination was of her own penning, which Master Bale did follow, let every christian reader judge, whether is more to be credited of these two — she that was persecuted, or he that was the persecutor.

    And where he speaketh so much of quiet and tranquillity; this I answer, that quiet and tranquillity in weals public, so long as they are joined with right reformed religion, be much to be embraced. But, when it is otherwise, that is, where true religion lacketh his right, there let the second table give plaee to the first.

    He thwarteth, also, and wrangleth much against players, printers, preachers. And no marvel why: for he seeth these three things to be set up of God, as a triple bulwark against the triple crown of the pope, to bring him down; as, God be praised, they have done meetly well already.

    As touching the article of free justification by faith, which he cannot abide, forasmuch as we have sufficiently declared it in the notes before, we shall refer the reader now also unto the same.

    And moreover, because in one of his letters 47 mention is made of a certain letter sent unto Master Ridley, because we will defraud thee, gentle reader, of nothing that cometh to our hands, here hast thou the copy thereof, in effect as followeth:

    THE COPY OF THE LETTER OF STEPHEN GARDINER SENT TO MASTER RIDLEY.

    In the Letters above mentioned; containing Matter and Objections against a certain Sermon of the said Master Ridley, made at the Court.

    Master Ridley, after right hearty commendations: It chanced me, upon Wednesday last past, to be present at your sermon in the court, wherein I heard you confirm the doctrine in religion, set forth by our late sovereign lord and master, whose soul God pardon! admonishing your audience that ye would specially travail in the confutation of the bishop of Rome’s pretended authority in government and usurped power, and in pardons, whereby he hath abused himself in heaven and earth. Which two matters I note to be plain, and here without controversy. 48 In the other two ye spake of, touching images and ceremonies, and as ye touched it, specially for holy water to drive away devils; for that you declared yourself always desirous to set forth the mere truth, with great desire of unity, as ye professed; not extending any your asseveration beyond your knowledge, but always adding such like words, ‘as far as ye had read,’ and, ‘if any man could show you further, ye would hear him,’ (wherein you were much to be commended) — upon these considerations, and for the desire I have to unity, I have thought myself bound to communicate to you that which I have read in the matter of images and holy water; to the intent you may by yourself consider it, and so weigh, before that ye will speak in those two points, as ye may (retaining your own principles) affirm still that ye would affirm, and may indeed be affirmed and maintained; wherein I have seen others forget themselves. First, I send unto you herewith (which I am sure ye have read), what Eusebius 49 writeth of images: 50 whereby appeareth that images have been of great antiquity in Christ’s church. And to say we may have images, or to call on them when they represent Christ or his saints, be over gross opinions to enter into your learned head, whatsoever the unlearned would tattle: for you know the text of the old law, ‘Non facies tibi sculptile,’ 51 forbiddeth no more images now, than another text forbiddeth to us puddings. And if ‘omnia’ be ‘munda mundis’ to the belly, there can be no cause why they should be of themselves ‘impura’ to the eye, wherein ye can say much more. And then, when we have images, to call them idols, is a like fault, in fond folly, as if a man would call ‘regem’ a tyrant, and then bring in old writers to prove that ‘tyrannus’ signified once a king, like as ‘ idolum’ signified once an image: but like as ‘tyrannus’ was by consent of men appropriated to signify a usurper of that dignity, and an untrue king, so hath ‘ idolum’ been likewise appropriate to signify a false representation, and a false image: insomuch as there was a solemn anathematization of all those that would call an image an idol; as he were worthy to be hanged that would call the king our master (God save him!) our true just king, a tyrant; and yet in talk he might show, that a tyrant signified sometimes a king: but speech is regarded in its present signification, which I doubt not ye can consider right well.

    I verily think, that for the having of images ye will say enough, and that also, when we have them, we should not despise them in Speech, to call them idols,52 nor despise them with deeds, to mangle them or cut them; but at the least suffer them to stand untorn. Wherein Luther (that pulled away all other regard to them) strove stoutly, and obtained, as I have seen in divers of the churches in Germany of his reformation, that they should (as they do) still stand.

    All the matter to be feared is excess in worshipping, wherein the church of Rome hath been very precise; and especially Gregory, writing to the bishop of Marseilles: which is contained in the chapter ‘De Consecratione,’ dist. 3, as followeth: ‘Perlatum ad nos fuerat, quod inconsiderato zelo succensus, sanctorum imagines sub hac quasi excusatione, ne adorari debuissent, confregeris. Et quidem eas adorari te vetuisse, omnino laudamus: fregisse vero reprehendimus. Dic frater, a quo factum esse sacerdote aliquando auditum est, quod fecisti? * * * * *Aliud est enim picturam adorare: aliud per picturam historiam, quid sit adorandum, addiscere. Nam quod legentibus scriptura, hoc idiotis praestat pictura cernentibus, quia in ipsa etiam ignorantes vident, quid sequi debeant: in ipsa legunt, qui literas nesciunt. Unde et praecipue gentibus pro leetione pictura est.’ Herein is forbidden adoration, and then, in the Sixth Synod, was declared what manner of adoration is forbidden; that is to say, godly adoration to it being a creature, as is contained in the chapter ‘Venerabiles imagines,’ in the same distinction, in this wise. ‘Venerabiles imagines Christiani non Deos appellant, neque serviunt els ut Diis, neque spem salutis ponunt in eis, neque ab eis expectant futurum judi-cium: sed ad memoriam et recordationem primitivorum venerantur eas, et adorant; sed non serviunt eis cultu Divino, nec alicui creaturae.’ 55 By which doctrine all idolatry is plainly excluded in evident words; 56 so as we cannot say, that the worshipping of images had its beginning by popery; for Gregory forbade it, unless we shall call that synod popery, because there were so many bishops. And yet there is forbidden ‘cultus divinus;’ and agreeth with our aforesaid doctrine, by which we may creep before the cross on Good Friday; wherein we have the image of the crucifix in honor, and use it in a worshipful place, and so earnestly look on it, and conceive that it signifieth, as we kneel 57 and creep before it, whilst it lieth there, and whilst that remembrance is in exercise: with which cross nevertheless the sexton, when he goeth for a cross, will not be afraid to be homely, and hold it under his gown whilst he drinketh a pot of ale; a point of homeliness that might be left, but yet it declareth that he esteemed no divinity in the image. But ever since I was born, a poor parishioner, a layman, durst be so bold, at a shift (if he were also churchwarden), to sell to the use of the church at length, and his own in the mean time, the silver cross on Easter Monday, that was erected unto on Good Friday.

    In specialties there have been special abuses; but, generally, images have been taken for images, with an office to signify a holy remembrance of Christ and his saints,58 And as the sound of speech uttered by a lively image, and representing to the understanding, by the sense of hearing, godly matter, doth stir up the mind, and therewith the body, to consent in outward gesture of worshipful regard to that sound: 59 so doth the object of the image, by the sight, work like effect in man, within and without; wherein is verily worshipped that we understand, and yet reverence and worship also showed to that whereby we attain that understanding; and is to us in the place of an instrument; so as it hath no worship of itself, but remaineth in its nature of stone or timber, silver, copper, or gold. But when it is in office, and worketh a godly remembrance in us, by representation of the thing signified unto us, then we use it worshipfully and honorably, as many do the priest at mass, whom they little regard all the day after.

    And me thinketh ever, that like as it is an over gross error to take an image for God, or to worship it with godly honor,61 so, to grant that we may not have images of Christ, and that we may do no worship before them, or not use them worshipfully, it is inexplicable. For it is one kind of worship, to place them worshipfully: so as if a man place an image in the church, or hang it about his neck (as all 62 use to do the image of the cross, and the knights of the order of St. George), 63 this is some piece of worship.

    And if we may not contemn the images of Christ and his saints, when we have them (for that were villany), nor neglect them (for that were to have them without use, which were inconvenient, ‘quia nec natura nec arte quicquam fit frustra,’) we must have them in estimation and reputation; which is not without some honor and worship; and at the least in the place where we conveniently use them (as in the church), as where they serve us, rather than we them. And because their service is worshipful, 64 they be so regarded accordingly for that time of service, and therefore they be called ‘venerabiles imagines,’ and be worshipfully ordered; before whom we kneel, and bow, and cense, not at that the images be, but at that the images signify, which, in our kneeling, bowing, and censing we knowledge to understand and read in that fashion of contract writing, wherein is wrap. peal up a great many of sentences, suddenly opened with one sudden sight, to him that hath been exercised in reading of them.

    And me seemeth, after the faith of Christ received and known, and thoroughly purged from heresics, if by chance there were offered a choice, either to retain painting and graying and forbear writing, or, choosing writing, to forbear both the other gifts; it would be a problem, seeing if graving were taken away we could have no printing. And therefore they that press so much the words of ‘Non facies tibi sculptlie,’ ever, me thinketh, they condemn printed books; the original whereof is of graving to make 65 ‘matrices literarum.’ ‘Sed hoc est furiosum, et sunt tamen qui putant palmarium.’ And therefore now it is Englished, ‘Thou shalt make no graven images, lest thou worship them:’ which, I hear, is newly written in the new church, I know not the name, but not far from the Old Jewry 19 .

    But to the matter of images, wherein I have discoursed at large, I think, if ye consider (as I doubt not but that ye will) the doctrine set forth by our late sovereign lord, ye shall in the matter see the truth set forth by such as had that committed unto them under his highness, amongst whom I was not, nor was I privy unto it till it was done. And yet the clause in the book, for discussion of ‘the Lord,’ and ‘our Lord,’ hath made many think otherwise. But I take our Lord to witness, I was not; and that declaration of ‘our Lord’ was his highness’s own device, ex se. For he saw the fond Englishing of ‘the Lord,’ dissevered in speech, whom our Lord had congregated. And this I add, lest, giving authority to that book, I should seem to vaunt myself.

    Now will I speak somewhat of holy water,66 wherein I send unto you the four and thirtieth chapter in the ninth book of the History Tripartite, where Marcellus the bishop bade Equitius his deacon to cast abroad water, by him first hallowed, wherewith to drive away the devil. And it is noted how the devil could not abide the virtue of the water, but vanished away. And for my part, it seemeth the history may be true; for we be assured by Scripture, that in the name of God the church is able and strong to cast out devils, according to the gospel, ‘In nomine meo daemonia ejicient,’ etc.: so as if the water were away, by only calling on the name of God, that mastery may be wrought. And the virtue of the effect being only attributed to the name of God, the question should be only, whether the creature of water may have the office to convey the effect of the holiness of the invocation of God’s name. And first in Christ, the skirt of his garment had such an office to minister health to the woman, and spittle and clay to the blind; and St. Peter’s shadow, and St. Paul’s handkerchiefs.

    And, leaving old stories, here at home the special gift of curation, ministered by the kings of this realm (not of their own strength, but by invocation of the name of God), hath been used to be distributed in rings of gold and silver. And I think effectually therein the metal hath only an office, and the strength is in the name of God, wherein all is wrought. And Eliseus put his staff in like office. And why the whole church might not put water in like office, to convey abroad the invocation of God’s name, there is no Scripture to the contrary: but there is Scripture how other inferior creatures have been promoted to like dignity; and much Scripture, how water hath been used in like and greater service. And the story I send unto you showeth how water hath been used in the same service, to drive away devils. In which matter if any shall say, he believeth not the story, and he is not bound to believe it, being no Scripture; that man is not to be reasoned with, for the effect of the king’s cramp rings. And yet, for such effect as they have wrought, when I was in France, I have been myself much honored; and of all sorts entreated to have them, with offer of as much for them, as they were double worth.

    Some will say, ‘What are rings to holy water?’ Marry thus I say, If the metal of gold and silver may do service to carry abroad the invocation of the name of God effectually for one purpose, water, may also serve to carry abroad, the invocation of the name of God, wherewith to drive away devils. 67 Hereto will be said, ‘Non valet argumenturn a posse ad esse:’ but the story saith, ‘The water did that service;’ and other strangers say and affirm by experience, ‘The king’s majesty’s rings have done the service.’ And our late master continued all his life the exercise of that gift of God, and used silver and gold to do that service, to carry abroad the strength of the invocation of the name of God by him; and he used it amongst us that served him in it, when he had thoroughly heard and seen what might be said in the matter: and yet he had no Scripture especially for it, that spake of rings of silver or gold, no more than is for the ashes ministered a little before ye last preached. And as our young sovereign lord hath received them reverently, so I trust he shall be advertised, ‘ne negligat gratiam Dei in dono curationum,’ but follow his father therein; also not doubting but God will hear him, as he hath heard his father and other his progenitors kings of this realm; to whose dignity God addeth this prerogative, as he doth also to inferior ministers of his church, in the effect of their prayer, when it pleaseth him. A man might find some youngling, percase, that would say, how worldly, wily, witty bishops, have inveigled simple kings heretofore, and, to confirm their blessings, have also devised how kings should bless, also, and so have authority to maintain where truth failed; and I have had it objected to me, that I used to prove one piece of mine argument ever by a king, as when I reasoned thus: If ye allow nothing but Scripture, what say you to the king’s rings? but they be allowed; ergo, somewhat is to be allowed besides Scripture. And another: If images be forbidden, why doth the king wear St. George on his breast? 68 But he weareth St. George on his breast: ergo, images be not forbidden. If saints be not to be worshipped, why keep we St. George’s feast? 69 But we keep St. George’s feast: ergo, etc. And in this matter of holy water, if the strength of the invocation of the name of God, to drive away the devils, cannot be distributed by water, why can it be distributed in silver to drive away diseases, and the dangerous disease of the falling evil? But the rings hallowed by the holy church may do so: ergo, the water hallowed by the church may do like service.

    These were sore arguments in his time, and I trust be also yet; and may be conveniently used, to such as would never make an end of talk, but rake up every thing that their dull sight cannot penetrate, wherein me thought ye spake effectually, when ye said, ‘Men must receive the determination of the particular church, and obey where God’s law repugneth not expressly.’ And in this effect to drive away devils, that prayer and invocation of the church may do it, Scripture maintaineth evidently; and the same Scripture doth authorize us so to pray, and encourageth us to it — so as if, in discussion of holy water, we attribute all the effect of the holiness which proceedeth from God by invocation of the church, and take water only for a servant to carry abroad holiness; there can be no superstition, where men regard only prayer, which Scripture authorizeth. And if we shall say that the water cannot do such service, we shall be convinced, in that it doth a greater service in our baptism by God’s special ordinance 70 — so as we cannot say, that water cannot, or is not apt to do this service; only the stay is, to have a precise place in the New Testament, to say, ‘Use water thus in this service, as we do in holy water;’ which me thinketh needeth not, where all is ordered to be well used by us: and when the whole church agreed upon such a use, or any particular church, or the common minister of it, and by the exorcism ordered for it, the thing to be used, purged, there can be but slender matter to improve that custom, wherein God is only honored, and the power of his name set forth; whereunto all things bow and give place, all natural operation set apart and secluded. And when any man hath denied that water may do serwce, because Scripture appointeth it not, that ‘because’ driveth away much of the rest which the church useth, and especially our cramp-rings. For if water may not serve to carry abroad the effects of God’s grace,71 obtained by invocation from God, by the common prayer of the church, how can the metal of silver or gold carry abroad the effect of the king’s invocation in the cramp-rings? which manner of reasoning ‘ad hominem,’ Christ used with the Jews, when he said, ‘Si ego in Beelzebub ejicio daemonia, filii vestri, in quo ejiciunt?’ And that by our own principles we should be enforced to say, that our cramp-rings 72 be superstitious (where truth enforceth us not so to do), it were a marvellous punishment. ‘Si caeci essemus’ as Christ saith, ‘peccatum non haberemus, sed videmus;’ and this realm hath learning in it, and you a good portion thereof; according whereunto I doubt not but you will weigh this matter, ‘non ad popularem trutinam, sed artificis stateram:’ I mean, that artificer which teacheth the church our mother (as ye fully declared it), and ordered our mother to give nourishment unto us. In which point, speaking of the church, although ye touched an unknown church to us, and known to God only, yet you declared the union of that church in the permixt church, which God ordereth men to complain unto, and to hear again; wherein the absurdity is taken away of them that would have no church known, but every man believe as he were inwardly taught himself; whereupon followeth the old proverb, Soi< me>n tau~ta dokou~nt ejstide ; which is far from the unity ye so earnestly wished for, whereof (as me thought) ye said, ‘Pride is the let;’ as it is undoubtedly. Which fault God amend, and give you grace so to fashion your words, as ye may agree with them in speech, with whom ye be inclined to agree in opinion! For that is the way to relieve the world. And albeit there hath been between you and me no familiarity, but, contrariwise, a little disagreement (which I did not hide from you), yet, considering the fervent zeal ye professed to teach Peter’s true doctrine,73 that is to say, Christ’s true doctrine, whereunto ye thought the doctrine of images, and holy water to put away devils, agreed not, I have willingly spent this time to communicate unto you my folly (if it be folly) plainly as it is; 74 whereupon ye may have occasion the more substantially, fully, and plainly, to open these matters for the relief of such as be fallen from the truth, and confirmation of those that receive and follow it; wherein it hath been ever much commended, to have such regard to histories of credit, and the continual use of the church 75 rather, to show how a thing continued from the beginning, as holy water and images have done, may be well used, than to follow the light rash eloquence, which is ever ‘ad manure,’ to mock and improve that which is established· And yet again, I come to Marcellus, that made a cross in the water, and bade his deacon cast it abroad ‘cum fide et zelo;’ after which sort if our holy water were used, I doubt not but there be many Marcellus’s, and many Elizeus’s, and many at whose prayer God forgiveth sin, if such as will enjoy that prayer, have faith and zeal, as Equitius, and were as desirous to drive the devil out of the temple of their body and soul, as Equitius out of the temple of Jupiter. So as if holy use were coupled with holy water, there should be more plenty of holiness than there is; but, as men be profane in their living, so they cannot abide to have any thing effectually holy, not so much as bread and water; fearing lest they should take away sin from us, which we love so dearly well. ‘Solus Christus peccata diluit,’ who sprinkleth his blood by his ministers, as he hath taught his spouse the church, in which those ministers be ordered, wherein ‘Many ways maketh not many saviors,’ as ignorants do jest; whereof I need not speak further unto you, no more I needed not in the rest in respect of you; but, me thought, ye conjured all men in your sermon to say what they thought to you, Id quod hanc mihi expressit epistolam, quam boni consules; Et vale.

    Your loving friend, Stephen Winchester.

    As I have set forth here, gentle reader, the cavilling letter of Winchester against Master Ridley’s sermon, so am I right sorry, that I have not likewise the answer of the said Ridley again to join withal. For I understand, that not only Master Ridley, but also Master Barlow, bishop of St. David’s (for Winchester wrote against them both), had written and sent immediately their answers to the same, refuting the frivolous and unsavory reasons of this popish prelate, as may well appear by a parcel additional of a letter sent by the lord protector to the said bishop in these words: ‘And because we have begun to write to you, we are put in remembrance of a certain letter or book which you wrote unto us against the bishop of St. David’s sermon 77 , and Dr. Ridley’s 77 , to the which answer being immediately made, it was by negligence of us forgotten to be sent. Now we both send you that, and also the answer which the bishop of St. David’s wrote to the same book of yours.’

    NINETEEN ARTICLES20 AND POSITIONS MINISTERED AND OBJECTED, EACH OF THEM JOINTLY AND SEVERALLY, TO THE BISHOP OF WINCHESTER; AS FOLLOWETH. The First Article.

    In primis, ‘That the king’s majesty justly and rightfully is, and by the laws of God ought to be, supreme head in earth of the church of England, and also of Ireland; and so is by the clergy of this realm in their convocation, and by act of parliament, justly, and according to the laws of God, recognised.’

    This first article the bishop of Winchester granteth.

    The Second Article. Item, ‘That his majesty, as supreme head of the said churches, hath full power and authority to make and set forth laws, injunctions, and ordinances, for and concerning religion, and orders of the said churches; for the increase of virtue, and repressing of all errors, heresics, and other enormities and abuses.’

    To this second article he answereth affirmatively.

    The Third Article. Item, ‘That all and every his grace’s subjects are bound, by the law of God, to obey all his majesty’s said laws, injunctions, and proceedings concerning religion, and orders in the said church.’

    To the third article, the said bishop answereth affirmatively, and granteth it.

    The Fourth Article. Item, ‘That you Stephen bishop of Winchester have sworn obedience unto his majesty, as supreme head of this church of England, and also of Ireland.’

    To the fourth article, the said bishop answereth affirmatively, and granteth it.

    The Fifth Article. Item, ‘ That all and every his grace’s subjects, that disobey any his majesty’s said laws, injunctions, ordinances, and proceedings already set forth and published, or hereafter to be set forth and published, ought worthily to be punished, according to his ecclesiastical law used within this his realm.’

    To this fifth article, the said bishop answereth affirmatively, and granteth it.

    The Sixth Article. Item, ‘That you the said bishop, as well in the king’s majesty’s late visitation within your diocese, as at sundry times, have been complained upon, and sundry informations made against you for your doings, sayings, and preachings, against sundry injunctions, orders, and other proceedings of his majesty, set forth for reformation of errors, superstitions, and other abuses in religion.’ Winchester : — ‘This article toucheth other men’s acts; who, or how they have complained and informed, I cannot thoroughly tell; for, at the time of the king’s majesty’s visitation, I was in the Fleet, and the morrow after Twelfth-day I was delivered at Hamptoncourt, my lord of Somerset, and my lord of Canterbury then being in council, with many other councillors; and was delivered by these words: The king’s majesty hath granted a general pardon, — and by the benefit thereof I was discharged. Whereunto I answered, that I was learned never to refuse the king’s majesty’s pardon, and in strength as that was; and I would and did humbly thank his majesty there-for. ‘And then they began with me in an article of learning, touching justification, whereunto they willed me to say my mind; adding therewith, that because other learned men had agreed to a form delivered unto me, I should not think I could alter it: which I received of them, and promised the Thursday after to repair to my lord of Somerset’s house at Sheen, with my mind written: which I did, and, at that day seven night following, appearing before him and others of the council, was committed to my house for prisoner, because I refused to subscribe to the form of words and sentences that others had agreed unto, as they said. In which time of imprisonment in my house, the bishop of Rochester, then being, was sent to me, and after Master Smith, and then Master Cecil; to which Master Cecil, when I had by leansing resolved my mind in the matter, I delivered it; and he, delivering it to my lord’s grace, wrote me, in his name, thanks for it. And then it was within the time of Lent, ere I was discharged of that trouble; and so went down to Winchester, as a man clearly out of all travail of business. ‘And within fourteen days after that, or thereabouts, began other travail with me, upon a request made by my lord of Somerset to surrender a college in Cambridge: and divers letters were written between his grace and me in it; wherein I might perceive the secretary, with his pen, took occasion to prick me more than, I trusted, my lord’s grace himself would have done. And by this trouble was I deduced to an end. Then, shortly after, I received letters to come to the council, and by reason I alleged my disease, I was respited by other letters; and three days before Whitsuntide received yet other letters to come: by which it might seem unto me, that it was not of all believed that I was diseased. And therefore with all expedition, when I could not ride, I came in a horse-litter; and, according to my duty, presented myself to my lords of the council, who all then entertained me secretly among them before the matters were objected unto me, as if I had been in the same place with them, that I was in our late sovereign lord’s days.

    Afterwards my lord of Somerset’s grace charged me with these matters following, and in this form, having the articles written in a paper: ‘First, with disobedience; that I came not at his sending for.

    Whereunto I answered, that I had his letters of license to stay till I might come conveniently. And upon these last letters I came incontinently in a horse-litter. ‘Then it was objected, that I bare palms, and crept to the cross.

    Whereunto I answered, that they were misinformed; and I trusted they would not think I durst deny it, if I had done it, because ceremonies had such circumstances, as I might easily be reproved if it were otherwise. ‘Then it was objected, that at Easter I had a solemn sepulcher in the church, and such other ceremonies. I answered, that I had even as many as the king’s majesty’s proclamations commanded me: declaring plainly, that I thought it not expedient to make any alteration, wherein to offend the king’s majesty’s proclamation; adding, how he that followeth as he is commanded, is very obedient. ‘It was then objected unto me, that I went about to defame two of the king’s majesty’s chaplains, sent down to be canons of the church of Winchester. Whereunto I answered, declaring the fact truly as it was, which I am yet able to justify. — After this matter thus oft objected and answered, I was commanded to go apart, and being called in again, my lord of Somerset’s grace, looking upon a bill of articles, said, I had preached how the apostles went from the presence of the council, of the council, of the council; which matter I denied, adding, that it was not my fashion of preaching, so to play in iteration of words. ‘After that, it was objected unto me for preaching of the sacrament, to say, The body of Christ was really present; being a fault to use the word really, not comprised in the Scripture. Whereunto I answered, that I did not use the word really, which needeth not.

    For, as I once heard my lord of Canterbury reason against one Lambert, in the presence of the king’s majesty that dead is; the words of the Scripture, This is my body that shall be betrayed for you, do plainly and lively express the very presence; and so did I set it forth to the people in my diocese. ‘And this is the effect of all that was said against me at my being at the council, as I can remember. To whom I declared how much I esteemed obedience, and told them, I had taught in my diocese how the whole life of a christian man consisteth in suffering properly; and therefore we may not do our own will, but the will of God: and among men, we must either suffer the rulers’ will, or their power; their will to order us, and their power to punish us. After declaration whereof, my lord of Somerset said, Ye must tarry in the town. Whereunto I answered, I would be contented at their commandment or pleasure to tarry; but, seeing I was no offender, I desired them I might not tarry as an offender; and for declaration thereof, that I might have some house in the country about London, to remove unto for a shift; in devising whereof, I stuck much to borrow Esher. My lord of Somerset said, If he had any, in faith he would lend me one. And in the end, my lord of Somerset desired me to write what my mind was in ceremonies, and to send it unto him; and with that departed. ‘Thus I have truly opened after what sort I have been complained on, that hath certainly come to my knowledge: truth it is, that one Philpot in Westminster, whom I accounted altered in his wits (as I have heard), devised tales of me, the specialties whereof I never was called to answer unto. Players and minstrels also railed on me, and others made ballads and rhymes of me; but never man had just cause to complain of any my sayings, doings, or preachings, or to my knowledge did, otherwise than afore. And if any man shall put me in remembrance of any other complaint that might in my absence be made of me, if I have heard it, I will grant so. But well assured I am, I was never complained on, and called to make answer to the complaint, but this one time in all my whole life, by any man of any degree. Once the lord Cromwell (God pardon his soul and forgive him!) caused one day and a half to be spent in a matter between sir Francis Bryan and me; which was ended, and I declared an honest man; which the king’s majesty that dead is (God pardon his soul!) set forth with his familiarity to me incontinently.

    And this is all the trouble that I have had in my life, saving the sending to the Fleet, being occasioned by my own letter to the council, upon a zeal that I had, which they allowed not; and finally, this sending of me to the Tower, which was without calling me before the council, to hear what I could say. I am loth to be forsworn, and therefore I recount all the complaints in my whole hfe made against me, whereunto I have been made privy.’

    The Seventh Article. Item, ‘That after and upon occasion of those and many other complaints and informations, you have been sundry times admonished, commanded, and enjoined to conform yourself, as to your duty appertaineth.’ Winchester :‘To this seventh article I answer, I was never called afore the council by way of outward complaint and information, but only once in all my whole life; which was at my last coming to London. Whereunto I answered as afore, and have told the form and process of speech to serve for furniture of answer to this and that article: for other than I have before written, I remember not to have done or suffered by the higher powers in all my whole life, till my coming into the Tower (without that I have had any bye admonitions, as a man faulty or negligent at any time, that I remember not), for the observation 22 of anything already made or set forth by the king’s majesty that now is; but have kept, and caused to be kept to my power, the king’s majesty’s acts, statutes, injunctions, and proclamations, inviolably; having for that purpose such a chancellor, as in orders and ordinances hath been always himself diligent and precise for the time I might have knowledge of his doings.’

    The Eighth Article 24 . Item, ‘That after the premises, and for that, those former admonitions and commandments notwithstanding, you did still show yourself not conformable; and for that also others by your example were much animated, and thereby occasion of much unquietness ministered among the people, you were called before the king’s majesty’s council in the month of June, in the second year of his majesty’s reign, 79 and by them, on his majesty’s behalf, commanded to preach a sermon before his majesty; and therein to declare the justness and godliness of his majesty’s father, in his proceedings upon certain matters partly mentioned in certain articles to you delivered in writing, and partly otherwise declared unto you. The effect whereof was touching the usurped power and authority of the bishop of Rome, that the same was justly and godly taken away in this realm, and other the king’s majesty’s dominions; touching the just suppressing and taking away of monasteries, religious houses, pilgrimages, relics, shrines, and images, the superstitious going about of St. Nicholas bishop 23 , of St. Edmund, St. Katharine, St. Clement, and such like; and just taking away of chantries, abbeys, and colleges, hallowing of caudles, water, ashes, palms, holy bread, beads, creeping to the cross, and such like. Also, touching the setting-forth of the king’s majesty’s authority in his young years, to be as great as if his highness were of many more years. That auricular confession is indifferent, and of no necessity by the law of God: and touching the procession, and Common Prayer in English.’ Winchester :‘This article, being of so many parts as it is, some true, some otherwise, must be answered by division of it into divers members, to divide the one from the other, granting that which is true, denying that which is otherwise, and opening that which is ambiguous, avoiding that which is captious; so as, according to my oath, I may open directly and plainly the truth, with sincerity of conscience. The motion of preaching was made unto me in mine own house by Master Cecil, upon the duke of Somerset’s behalf, after I had been before the council, as I have before said; from which council I departed (as before is rehearsed) as no offender; and therefore when Master Cecil spake to me of preaching before the king’s majesty, with request to write my sermon before, I denied that manner of preaching, because I said it was to preach like an offender, and I was none, but departed from the council otherwise, as I have before showed. And the said Master Cecil did not say to me that I was moved to preach, because I was not conformable; for I had at that time no manner of variance with the council, but was in all conformity with them, for any thing that I know, as I will answer afore God. ‘As for evil example to any man, I could none give, for I never offended law, statute, or proclamation in this realm, nor did ever any act to the impairing of due obedience to the king’s majesty in all my whole life; but by observation of them, and letting innovations, have done as much as in me lay to maintain obedience. ‘After Master Cecil had spoken to me of preaching, and delivered two papers containing the matters whereupon I should entreat, because I refused to give my sermon in writing (which was to me, like an offender), or to read those papers of another man’s device, as the conception and sincere manner of uttering of mine own conscience (which me thought then and since, and yet, a marvellous unreasonable matter, touching both my conscience and honesty); I was then fetched to the duke of Somerset’s grace’s chamber, and came in at a back door to himself alone, saving he took to him as witness (he said) the lord now of Wiltshire, then great master; and after many words, he showed me certain articles subscribed by lawyers, what a bishop might command, and what the king might command, and what pain to the disobeyer. To whom I said plainly and truly, how those lawyers’ subscription could not serve, in this case, to command me to utter to the people for mine own device in words, that which is not indeed so; and if! might speak with these lawyers (I said), his grace should, soon perceive them to agree with. me. My lord said, I should speak with no man, and I should do as I was bidden, or do worse; and bade me advise me till dinner was done. And then was I conveyed by the lord great master to his chamber, and there left alone to dine, as was indeed honorably prepared. But I took myself to be in the nature of a prisoner, and a restrained man. ‘And about two of the clock at afternoon, came unto me Master Thomas Smith, then secretary, unto whom I complained of the unreasonableness of the matter, and showed him certain particularities; who said it was not meant so precisely, but to speak of the matters. To whom I said, I was content to speak of the matters, and then if I spake not according to the truth, of them, there should be enough to bear witness to my condemnation; and if I spake the truth, then they had their desire. And I said further, I thought I might with my conscience say, so as men ought and should be content and satisfied. And further, if I thought that in my manner of the uttering of those matters I should offend the council, I had rather deny to speak of the thing, and begin the contention secretly with them, than to begin with the pulpit, and so bring myself in further trouble than needed; and therefore, if they would have me preach, I would preach as of myself, and of these matters, so as I thought they should be content. ‘Whereupon I was brought up to my lord of Somerset’s chamber, and there the matter ended thus: that my lord of Somerset said, he would require no writing of me, but remit it to me, so I spake of the matters in the papers delivered me by Master Cecil. I told him I would speak of them, saving for children’s toys, of going about of St. Nicholas, and St. Clement. If that be now gone, quoth I, and forgotten, if I be too busy in rehearsal of them, they will say I cumber their heads with ceremonies, and thus they will defame me.

    When ceremonies were plenty, they will say, I did nothing but preach on them; and now they be gone, I babble of them still. I said, I would touch the chief points, adding, that I would speak of other matters also; and with that, being put to my liberty to choose the day, departed: and otherwise I was not spoken with concerning preaching, saving after Master Cecil came unto me, whereof I shall speak anon. ‘And concerning the matters to be spoken of, all such things as be here rehearsed, be named in the papers delivered unto me, although not altogether after this sort; saving the setting forth of the king’s majesty’s authority in his minority, whereof there is no word in those papers, nor was there ever any promise made of me to speak of it. Truth it is, that after I had signified the day when I would preach, Master Cecil came unto me, making the chief message to know the day when I would preach: to whom I had sent word before, that it should be St. Peter’s day, because metbought the gospel served well for that purpose. And in process of communication, he told me, that he liked gaily well a word that I had said in another communication: how a king was as much a king at one year of age, as at a hundred years of age; and if I touched it, he thought it would be well taken. I told him again, every man knew that; and then opened of myself the matter further. And at his next repair unto me, which was the Monday before I preached, the said Master Cecil brought me papers of the king’s majesty’s hand, showing me how the king’s highness used to note every notable sentence, and specially if it touched a king; and therefore (quoth he) if ye speak of a king, ye must join counsel withal.

    Whereunto! made no answer, but shifted to other matter, without making him any promise or denial, because I would neither bind myself, nor trouble myself to discuss that matter: for albeit it is godly and wisely done of every prince to use counsel, yet, speaking of a king’s power by Scripture, I cannot by express Scripture limit the king’s power by counsel And hearing blindly by report some secret matter, that I will not speak of here, I thought not to meddle with it at all in the pulpit; and yet, to the effect to have our sovereign lord now obeyed, of which mind I was ever, I pointed to our sovereign lord there in presence, and said, He was only to be obeyed; and, I would have but one king; and other words to that purpose. But, for any promise to be made by me, I utterly deny it, and tell plainly the cause why I spake not otherwise of it.

    There was also, in the papers delivered unto me, occasion given me to speak of the mass, because of masses satisfactory, as some understand them. And also there was occasion to speak of the sacrament of the altar, because of the proclamation passed of the same; which to be true, I shall justify by the said papers.’

    The Ninth Article. Item, ‘That you, receiving the same, and promising to declare the same in a sermon by you made before his majesty for that purpose, on the Feast of St. Peter, in the said second year of his reign, 81 did then and there contemptuously and disobediently omit to declare and set forth many of the said matters; and of divers other of the said articles you spake and uttered your mind in such doubtful sort, as the justness and godliness of his majesty’s father’s and his proceedings was not set forth according to the commandment given unto you, and your own promise, to the great offense of the hearers, and manifest contempt of his majesty, and dangerous example of others.’ Winchester :‘Touching that promise, I answer as afore; and as touching omission of that I should have spoken of, by contempt or disobedience, I answer by mine oath, I did not omit any thing (if I did omit it) by contempt or disobedience; for I ever minded to satisfy the promise, to speak of all matters in those papers according to my former declaration. And if I did percase omit any thing (whereof I can make now no assurance, it being two years and a half past since I preached), but if I did omit any thing, he who knew my travail in the matter, would not marvel, being troubled with a letter sent from the duke of Somerset, whereof I shall speak after; so as from four of the clock on Thursday, till I had done my sermon on the Friday, I did neither drink, eat, nor sleep: so careful was I to pass over the travail of preaching without all slander of the truth, and with satisfaction of my promise, and discharge of my duty to God, and the king’s most excellent majesty. Wherein, whether any thing were omitted or not, I could have answered more precisely than I can now, if. according to my most instant suit, and the suit of my servants, the matter had been heard while it was in fresh memory. But, because omission may be by infirmity of nature, in which oblivion is a pain of our original sin, in which case it is no mortal offense, if a man being put in remembrance will purge it; I therefore, according to the true testimony of mine own conscience, dare the more boldly deny all contempt and disobedience, having for my declaration a general sentence spoken in my sermon, that I agreed with the upper part in their laws, orders, and commandments, or such like words, and found fault only in the lower part. By which sentence it appeared, how I allowed in the whole that was past hitherto, and only dissented from the doings of them that attempt innovations, of their own presumption. And furthermore I say, that that saying ‘omission’ here objected unto me, if it were true, as I know it not to be, may happen two ways, one way by infirmity of nature, another way of purpose. Charity of a christian man permitteth not to determine the worst of that which is doubtful and ambiguous to both parties: as touching doubtfulness objected, I take God to record, I minded to speak simply, and to be on the king’s majesty’s side only, and not to go invisible in the world with ambiguities, esteeming him, etc. The worst man of all, is he that will make himself a lock of words 82 and speech, which is known not to be my fashion, nor do I think this life worth that dissimulation; and how can that be a doubtful speech in him, that professeth to agree with the king’s laws, injunctions, and statutes, which I did expressly? ‘There be that call in doubt whatsoever serveth not their appetite.

    It is not in the speaker to satisfy the hearer that will doubt, where doubt is not. The sum of my teaching was, that all visible things be ordered to serve us, which we may in convenient service use. And when we serve them, that is an abuse, and may then, at the rulers’ leasure, unless Scripture appointeth a special use of them, be corrected in that use, or taken away for reformation. And this is a plain teaching that hath no doubt in it, but a yea and a nay on both sides, without a mean to make a doubt. And if any that doubteth cometh unto me, I will resolve him the doubt as I can. And if I promised to speak plainly, or am commanded to speak plainly, and cannot, then is my fault to promise only in the nature of folly and ignorance, whereunto I resort not for a shift; whereof indeed I profess the knowledge but to show how sometimes, to my hinderance, I am noted learned, that can speak plainly and yet speak doubtfully; other-whiles am rejected, as one that understandeth not the matter at all. As touching contempt, there can be none manifest that proceedeth of a privy promise: if I had broken it, I intended not, but intended to take it, as appeareth by my general sentence, to agree with the superiors, and only find fault in the inferior subjects, who daily transgress the king’s majesty’s proclamations, and others, whereof I spake then.’

    The Tenth Article. Item, ‘That you, being also commanded, on his majesty’s, behalf, for the avoiding of tumult, and, for other great conslderations, inhibited to treat of any matter in controversy concerning the mass, and of the communion (titan commonly called ‘The Sacrament of the Altar),’ did, contrary to the said commandment and inhibition, declare divers your judgments and opinions in the same, in the manifest contempt of his highness’s said inhibition, to the great offense of the hearers, and disturbance of the common quiet and unity of the realm.’

    To the tenth article Winchester answered thus: — ‘The Wednesday at afternoon next before the Friday when I preached, Master Cecil came to me, and having in all his other accesses spoken no word thereof, did then utter and advise me from the duke of Somerset, that I should not speak of the sacrament, or of the mass, whereby, he said, I should avoid trouble. And when he saw me not to take it well, I mean, quoth he, doubtful matters. I asked him what? he said, transubstantiation. I told him, he wist not what transubstantiation meant. I will preach, quoth I, the very presence of Christ’s most precious body and blood in the sacrament, which is the catholic faith, and no doubtful matter, nor yet in controversy, saving that certain unlearned speak of it they wot not what. And among the matters, quoth I, whereof I have promised to speak, I must by special words speak of the sacrament, and of the mass also. And when I shall so speak of them, I will not forbear to utter my faith and true belief therein, which I think necessary for the king’s majesty to know; and therefore, if I wist to be hanged when I came down, I would speak it. Which plain zeal of my conscience, grounded upon God’s commandment to do his message truly, I would not hide, but utter so as my lord should, if he would not have it spoken of, not let me to come there as he might have done: whereas else, if I had had a deceitful purpose, I might have accepted the advice, and without any color of trouble, have refused to follow it, as a thing grounded upon wealth only, as it was then uttered. ‘With this my answer, Master Cecil departed, and upon the Thursday, which was the next day following, and the evening before I preached, between three and four at afternoon, I received a letter signed with the hand of the duke of Somerset, the copy whereof I am ready to exhibit; and took it then, and esteem it so now, to contain no effectual inhibition, whereunto I might by God’s law, or the king’s majesty’s laws, with discharge of my conscience and duty obey; although the said letters had been (as they were not) in such terms framed, as had precisely forbidden me (as they did not) but only to speak of matters in controversy of the sacrament; which indeed I did not, but only uttered a truth to my conscience most certainly persuaded of the most holy sacrament, necessary to be known to the king’s majesty, and to be uttered by me admitted to that place of preaching, from whence God commandeth his truth to be uttered; which (in this nature of truth, the undue estimation and use whereof St. Paul threateneth with temporal death), may in no wise be omitted. 83 So, as I was and am persuaded the right estimation of the sacrament to be, to acknowledge the very presence of the same most precious body and blood present in the sacrament to feed us, that was given to redeem us; if I showed not my sovereign lord the truth thereof, I for my part suffer him wittingly to fall into that extreme danger of body, which St. Paul threateneth, whose person I am bound by. nature, by special oaths, and by God’s laws, to preserve to my power; as I will do, and must do, by all ways and means. And if the king’s majesty doth vouchsafe to teach his people not to obey his commandment, where God commandeth the contrary, I might not take my lord of Somerset’s letter for an inhibition to hold my peace, when God biddeth me to speak, as he doth when the wolf cometh, and not to hide myself in silence, which is the most shameful running away of all. I have much matter to allege against the letter, why I should not credit it, written in his name alone, against a common letter (as I took it) written by him and the council, and published in print the first day of the said month, which maintaineth my preaching of the sacrament and mass, according to the proclamation and injunctions, the violation of which public letters had been a disorder and contempt; whereas I neither offended in the one nor the other. ‘And as for tumult, none could reasonably be feared of any thing spoken agreeable to the king’s majesty’s laws, as there did follow none; nor the people, nor any man did offer my person any wrong, or make tumult against me, notwithstanding players, jesters, rhymers, ballad-makers, did signify me to be of the true catholic faith, which I, according to my duty, declared to the king’s majesty, from whom I may hide no truth that I think expedient for him to know. And as the name of God cannot be used of any creature against God, no more can the king’s name be used of any subject against his highness. Wherefore, seeing the abuse of this holy sacrament hath in it a danger assured by Scripture, of body and soul; whosoever is persuaded in the catholic faith, as I am, findeth himself so burdened to utter that unto his majesty, as no worldly loss can let him to do his duty in that behalf, and much less my lord’s private letters written without other of the council’s hands.’

    The Eleventh Article. Item, ‘That after the premises, viz. in the month of May or June, or one of them, in the third year of his highness’s reign, 84 his majesty sent eftsoons unto you, to know your conformity towards his said reformations, and specially touching the book of Common Prayer then lately set forth by his majesty; whereunto you at the same time refused to show yourself conformable.’

    To the eleventh article, for answer and declaration thereof, Winchester said, ‘The next day at afternoon after I had preached, when I looked for no such matter, came to my house the right worshipful sir Anthony Wingfield, and sir Ralph Sadler, knights, accompanied with a great number of the guard, and used themselves, for their part, according to their worships, and, I doubt not, as they were appointed. And sir Ralph Sadler began thus with me: My lord, said he, ye preached yesterday obedience, but ye did not obey yourself; and went forth with his message very soberly, as he can, and discreetly. I asked him, wherein I obeyed not. He said, touching my lord of Somerset’s letter. Master Sadler, quoth I, I pray you say unto my lord’s grace, I would he never made mention of that letter, for the love I bare him. And yet, quoth I, I have not broken that letter; and I was minded, quoth I, to have written to my lord upon the receipt of it, and lo, quoth I, ye may see how I began: — and showed him (because we were then in my study) the beginning of my letter, and reasoned with him for the declaration of myself, and told him therewith, I will not spend, quoth I, many words with you, for I cannot alter this determination. And yet in good faith, quoth I, my manner to you, and this declaration, may have this effect, that I be gently handled in the prison; and for that purpose, I pray you, make suit on my behalf. ‘Master Whigfield laid his hand on my shoulder, and arrested me in the king’s name for disobedience. I asked him, whither I should?

    They said, to the Tower. Finally, I desired them, that I might be spoken with shortly, and heard what I could say for myself; and prayed them to be suitors in it: and so they said they would. After that I was once in the Tower, until it was within six days of one whole year, I could hear no manner of word, message, comfort, or relief; saving once when I was sick, and methought some extremity towards me, my chaplain had leave to come to me once: and then denied again, being answered, that my fever was but a tertian; which my said chaplain told me when he came to me at the Easter following; and there being with me from the morning until night on Easter-day, departed, and for no suit could I ever have him since.

    To Master Lieutenant I made divers suits to provoke the duke of Somerset’s grace to hear me, and, if I might have the liberty of an Englishman, I would plainly declare I had neither offended law, statute, act, proclamation, nor his own letter neither: but all would not help. And I shall report me to Master Lieutenant, whether in all this time I maligned, grudged, or used any unseemly words; ever demanding justice, and to be heard according to justice. ‘When I had been thus in the Tower one whole year within six days or seven, as I remember, came to the Tower the lord chancellor of England, now being the lord treasurer, and Master secretary Peter, who, calling me unto them, as I remember entered thus: They said, they had brought with them a book passed by the parliament, which they would I should look on, and say my mind to it; and upon my conformity in it, my lord of Somerset would be suitor to the king’s majesty for mercy to be ministered to me.

    Whereunto I answered that I trusted, if I might be heard, the king’s majesty’s justice would relieve me, which I had long sued for, and could not be heard. And to sue for mercy, quoth I, when I have not in my conscience offended, and also to sue out of this place, where asking of mercy implieth a further suspicion than I would be for all the world touched in, were not expedient; and therefore, quoth I, ‘Not guilty’ is and hath been continually allowed a good plea for a prisoner. ‘Then my lord said, Why, quoth he, were ye not commanded to preach of the king’s authority in his young age, and did not? I told him I was not commanded. Is not, quoth he, that article in the papers ye had delivered you? I assured him no. ‘And after communication of the king’s majesty’s authority, wherein was no disagreement; then my lord chancellor said, I had disobeyed my lord’s grace’s letter. — I told him. I thought not, and if the matter came to judgment, it should appear. And then I said to him, My lord, how many open injunctions under seal and in open court have been broken in this realm, the punishment whereof hath not been handled after this sort? and yet I would stand in defense, that I have not broken his letter: weighing the words of his letter, wherein I reasoned with Master secretary Peter what a controversy was, and, some part, what I could say further. But whatsoever I can say, quoth I, you must judge it, and, for the passion of God, do it; and then let me sue for mercy, when the nature of the offense is known, if I will have it. But when I am, quoth I, declared an offender, I will with humility of suffering make amends to the king’s majesty, so far as I am able; for I should never offend him, and much less in his young age. ‘My lord chancellor then showed me the beginning of the act for Common Prayer, how dangerous it was to break the order of it. I told him that it was true; and therefore, if I came abroad, I would beware of it. But it is, quoth I, after in the act, how no man should be troubled for this act, unless he were first indicted: and therefore, quoth I, I may not be kept in prison for this act. Ah, quoth he, I perceive ye know the law well enough. I told him my chaplain had brought it unto me the afternoon before. Then they required me to look on the book, and to say my mind in it. I answered, that I thought not meet to yield myself a scholar to go to school in prison, and then slander myself, as though I redeemed my faults with my conscience. As touching the law which I know, I will honor it like a subject; and if I keep it not, [will willingly suffer the pain of it. And what more conformity I should show, I cannot tell, for mine offences be past, if there be any. If I have not suffered enough, I will suffer more — if upon examination I be found faulty; and as for this new law, if I keep it not, punish me likewise. ‘Then my lord chancellor asked me, whether I would not desire the king’s majesty to be my good lord. At which words I said, Alas, my lord! quoth I, do ye think that I have so forgotten myself? My duty, quoth I, requireth so; and I will on my knees desire him to be my good lord and my lord protector also, quoth 1. That is well said, quoth my lord chancellor. And what will ye say further, quoth my lord chancellor? In good faith, quoth I, this: that I thought when I had preached, that I had not offended at all, and think so still; and had it not been for the article of the supremacy, I would have rather feigned myself sick, than be occasion of this that hath followed: but, going to the pulpit, I must needs say as I said.

    Well, quoth my lord chancellor, let us go to our purpose again. Ye will, quoth he, desire the king’s majesty to be your good lord, and the lord protector also; and ye say, ye thought not to have offended. All this I will say, quoth 1. And ye will, quoth my lord chancellor, submit yourself to be ordered by the lord protector.

    Nay, quoth I, by the law; for my lord protector, quoth I, hath scourged me over sore this year, to put my matter in his hands now. And in the latter point I varied with my lord chancellor, when I would not refer my order to my lord protector, but to the law; and staying at this point they were content to grant me of their gentleness, to make their suit to procure me to be heard, and to obtain me liberty to go in the gallery, and that I should hear of one of them within two days following. I desired them to remember that I refused not the book by way of contempt, nor in any evil manner, but that I was loth to yield myself a scholar in the Tower, and to be seen to redeem my faults, if I had any, with my conscience. My body, I said, should serve my conscience, but not contrariwise. And this is the truth upon my conscience and oath, that was done and said at their coming. There was more said to the purposes aforesaid. And I bind not myself to the precise form of words, but to the substance of the matter and fashion of the entreating. So near as I can remember, I have truly discharged mine oath. But I heard no more of my matter in one whole year after almost, within fourteen days, notwithstanding two letters written by me to the council, of most humble request to be heard according to justice. And then, at the end of two years almost, came unto me the duke of Somerset, with others of the council; which matter, because it is left out here, I shall not touch, but prepare it in a matter apart, for declaration of my behavior at all times.’

    The Twelfth Article. Item, ‘That after that, viz. the 9th day of July, in the fourth year of his majesty’s reign, 85 his highness sent unto you his grace’s letters, with a certain submission and articles, whereunto his grace willed and commanded you to subscribe. To the which submission you contemptuously refused to subscribe.’

    To the twelfth article, for answer thereunto, Winchester granted, that about the time mentioned in this article, the lord treasurer, the earl of Warwick, lord great master, sir William Harbert, and Master secretary Peter, came to the Tower, and called him before them, and delivered unto him the king’s majesty’s letters — ‘which I have to show,’ said he, ‘and received them at the hands of the lord treasurer upon my knees, kissed them as my duty was, and still upon my knees read them, whereas they gently required me to take more ease, and go apart with them, and consider them. Which after that I had thoroughly read, I much lamented that I should be commanded to say of myself as was there written, and to say otherwise of myself than my conscience will suffer me, and, where I trust my deeds will not condemn me, there to condemn myself with my tongue. I should sooner, quoth I to them, by commandment, I think, if ye would bid me, tumble myself desperately into the Thames. ‘My lord of Warwick, seeing me in that agony, said, What say ye, my lord, quoth he, to the other articles? I answered, that I was loth to disobey where I might obey, and not wrest my conscience, destroying the comfort of it, as to say untruly of myself. Well, quoth my lord of Warwick, will ye subscribe to the other articles? I told him I would: but then, quoth I, the article that toucheth me must be put out. 86 I was answered, that needeth not, for I might write on the outside what I would say unto it. And then my lord of Warwick entertained me very gently, and would needs, whiles I should write, have me sit down by him; and when he saw me make somewhat strange so to do, he pulled me nearer him, and Said, we had ere this sat together, and trusted we should do so again. And then having pen and ink given me, I wrote, as I remember, on the article that touched me these words, — I cannot with my conscience say this of myself, — or such like words. And there followed an article of the king’s majesty’s primacy, and I began to write on the side of that, and had made an I , onward, as may appear by the articles; and they would not have me do so, but write only my name after their articles; which I did. Whereat, because they showed themselves pleased and content, I was bold to tell them merrily, that by this means I had placed my subscription above them all; and thereupon it pleased them to entertain me much to my comfort. ‘And I was bold to recount unto them merry tales of my misery in prison, which they seemed content to hear. And then I told them also (desiring them not to be miscontent with that I should say), when I remembered each of them alone, I could not think otherwise but they were my good lords; and yet when they met together, I felt no remedy at their hands. I looked, quoth I, when my lord of Somerset was here, to go out within two days; and made my farewell feast in the Tower and all; since which time there is a month past, or thereabout; and I agreed with them, and now agree with you, and I may fortune to he forgotten. My lord treasurer said, Nay, I should hear from them the next day. And so by their special commandment I came out of the chamber after them, that they might be seen to depart as my good lords; and so was done.

    By which process appeareth, how there was in me no contempt, as is said, in this article; but such a subscription made as they were content to suffer me to make; which I took in my conscience for a whole satisfaction of the king’s majesty’s letters, which I desire [it] may be deemed accordingly. And one thing was said unto me further: that others would have put in many more articles; but they would have no more but those.’

    The Thirteenth Article. Item, ‘That you, having eftsoons certain of the king’s majesty’s honorable council sent unto you the 12th of July, in the said fourth year, with the said submission, and being on his majesty’s behalf required and commanded to consider again, and better, [of] the said submission, and to subscribe the same, stood in justification of yourself, and would in no wise subscribe thereunto.’

    To the thirteenth article Winchester said, ‘The next day after the being in the Tower of the said lord treasurer, the earl of Warwick, and others, came unto me sir William Harbert and Master secretary Peter, to devise with me how to make some acknowledging of my fault, as they said, because the other form liked me not. Whereunto I said, I knew myself innocent, and to enter with you to entreat of a device to impair my innocency in any the least point, either by words or writings, it can have no policy in it. For although I did more esteem liberty of body, than the defamation of myself, yet, quoth I, when I had so done with you, I were not so assured by you to come out. For when I were by [my] own pen 87 once made a naughty man, then were I not the more sure to come out, but had locked myself the more surer in; and a small pleasure were it to me to have my body at liberty, by your procurement, and to have my conscience in perpetual prison by mine own act. Many more words there were, and persuasions on their parts; which caused me to require of them, for the passion of God, that my matter might take an end by justice. And so they departed, there being no contempt or faction of disobedience showed on my behalf, but only allegation for my defense of mine own innocency in the best manner I could devise, as I trust they will testify.’

    The Fourteenth Article. Item . ‘That after all this, viz. the 14th day of July, in the said fourth year, the king’s majesty sent yet again unto you certain of his majesty’s honorable council, with another submission, and divers other articles, willing and commanding you to subscribe your name thereunto: which to do, you utterly refused.’

    To the fourteenth article Winchester said, ‘On the Monday in the morning following came the bishop of London, sir William Harbert, master secretary Peter, and another whom I know not, who brought with them a paper, with certain articles written in it, which they required me to subscribe. Whereupon I most instantly required, that my matter might be tried by justice, which although it were more grievous, yet it hath a commodity with it, that it endeth certainly the matter. And I could never yet come to my assured stay, and therefore refused to meddle with any more articles, or to trouble myself with the reading of them; and yet they desired me instantly to read them, that I was content, and did read, and, to show my perfect obedient mind, offered incontinently upon my delivery out of prison to make answer to them all; such as I would abide by, and suffer pain for, if I have deserved it. I would indeed gladly have been in hand with my lord of London; but he said he came not to dispute, and said, It was the hand of God that I was thus in prison, because I had so troubled other men in my time. Finally, my request was, that they should in this form make my answer to my lords of the council, as followeth: That I most humbly thank them for their good will to deliver me by the way of mercy; but, because in respect of mine own innocent conscience I had rather have justice, I desired them, seeing both was in the king’s majesty’s hands, that I might have it; which if it happened to me more grievous, I will impute it to myself, and evermore thank them for their good will. And so departed I with them, as I trust they will testify, and no misbehavior or misdemeanor to have been used on my behalf.’

    The Fifteenth Article. Item, ‘That after all this, viz. the 19th day of July, in the said fourth year, you, being personally called before the king’s majesty’s privy council, and having the said submission and articles openly and distinctly read unto you, and required to subscribe the same, refused, for unjust considerations by you alleged, to subscribe the same.’ Winchester :‘To the fifteenth article I grant, that upon a Saturday at afternoon, even at such time of the day as they were at evensong in the chapel of the court, I was brought thither; and at my coming the lords of the council said, they were all my judges by special commission, and intended to proceed thus with me: that I should subscribe certain articles which were then read; and I must directly make answer, whether I would subscribe them or no. I answered on my knees in this wise: For the passion of God, my lords, be my good lords, and let me be tried by justice, whether I be faulty or no: and as for these articles, as soon as ye deliver me to my liberty, I would make answer to them, whether I would subscribe them or no. Then they having [no] further to say, I answered, These articles are of divers sorts; some be laws, which I may not qualify; some be no laws, but learning and fact, which may have divers understandings; and a subscription to them without telling what I mean, were over dangerous. And therefore I offered, for the more declaration of mine obedience to all their requests, that if they would deliver me the articles into the prison with me, I would shortly make them particular answer; and suffer the pains of the law, that by my answer I might incur into. Whereupon I was commanded to go apart, and they sent unto me the lord treasurer, and master secretary Peter, who communed with me of a mean way, and that liked not the lords. And then I was called forth again, and my absolute subscription required again: and I again made offer to answer particularly; for I could not with my conscience subscribe them as they were, absolutely. And these my considerations I trust to be just, seeing no man for any commandments ought to offend his conscience, as I must have done in that case.’

    The Sixteenth Article. Item, ‘That for your sundry and manifold contempts and disobediences in this behalf used, the fruits of your bishopric were then, by special commission of his majesty, justly and lawfully sequestered.’ Winchester :‘To the sixteenth article I answer, I deny contempts and disobedience of parts 25 , and say, that my doings cannot so be termed, because it is taught in this realm for a doctrine of obedience, that if a king command that which is contrary to the commandment of God, the subject may not do as he is commanded, but humbly stand to his conscience; which is my case, who could not with my conscience do as I was required. 88 And as touching the fact of decree, there was indeed a decree read, having words so placed and framed as though I were such an offender; which matter I deny. And in that decree was mention made of sequestration of fruits; but whether the former words were of the present tense, or else to be sequestered, I cannot precisely tell, but do refer that to the tenor of the decree.’

    The Seventeenth Article. Item, ‘That after this, you had intimation and peremptory monition, with communication, that you should, within three months next following the said intimation, reconcile and submit yourself, under pain of deprivation.’ Winchester :‘To the seventeenth article I answer, that iu the same decree of sequestration at the same time read, I kneeling from the beginning of the decree to the latter end, I remember there was an intimation, and three months spoken of, and expressed also, how at every month’s end I should have pen and ink offered to write, if I would yet subscribe; and, as I understand, it was upon the pain of proceeding further. And I do not remember that I heard the word ‘deprivation,’ but therein I refer me to the acts of the sentence; which when it was read, I desired it might be testified what mine offer was, to answer all those articles particularly, even remaining in prison. And this done, I made suit for some of my servants abroad to resort to me to the Tower, partly for my comfort, partly for my necessary business; which could not be obtained. And yet to provoke it, I said to my lord of Warwick, how for agreeing with my lord of Somerset, I had some commodity; and for agreeing with him, had nothing; and therefore would needs by intercession press him, that I might by this means have some of my servants resorting unto me. He answered very gently. And then one said, I should within two or three days have somebody come to me. And then I was dismissed, with commandment to the lieutenant, to let me have the same liberty I had, but no more.’

    The Eighteenth Article. Item, ‘That the said three months are now fully expired and run.’ Winchester :‘To the eighteenth article I say, there is almost six months passed in time and number of days, but not one month past to the effect of the law, nor ten days neither, because I have been so kept in prison, that I could not seek for remedy in form abovesaid; nor was there at every month, after the form of the sentence, offered me pen and ink, and liberty given me to consult and deliberate with other learned men and friends, what were best to do, or to send unto them. And furthermore, the very eighth day after the decree given, I protested before my servants, whom I had only commodity to use as witnesses of the nullity of the decree, for the evident and apparent matter in it; but if it were in law, I appealed to the king’s, majesty, because my request, was not admitted, to have the copy of the articles to answer them particularly, and because it is excessive correction, to sequester my fruits and keep me in prison: with other cases to be deduced where I might have opportunity. Which appellation I protested to intimate as soon as I could come to any presence meet there-for, as I did in this assembly at my last repair; desiring, therewith the benefit ‘restitutionis in integrum,’ because of mine imprisonment; and therefore do answer this matter with protestation of that appeal, and utterly deny all manner of contempt.’

    The Nineteenth Article. Item, ‘That you have not hitherto, according to the said intimation and monition, submitted, reconciled, nor reformed yourself, but contemptuously yet still remain in your first disobedience.’ Winchester :‘To the nineteenth article I say, that I have been all this while in prison so kept, as no man could have access to counsel with me, nor any means to write or send to any man, having made continual suit to master lieutenant and master marshal, under whose custody I am here, and to make suit in my name to the lords of the council, that I might come to hearing, or else be bailed upon surety; which I could not obtain, and so have remained, under the benefit of my said appeal to the king’s majesty made, as I might for the time; which I eftsoons desire I may have liberty to prosecute. ‘And whereas, answering to these articles for declaration of the integrity of my conscience, I use in the same places general words, I protest I mean not by those words to set forth myself otherwise more arrogantly than as my direct intent (which excludeth malice) and purpose move me to say, and as my conscience beareth witness unto me at this time; and therefore will say therein with St.

    Paul, Nihili mihi conscius sum, sed non in hoc justificatus sum.

    Wherefore if any especially be objected unto me, wherein, by ignorance or oversight and negligence, any offense of mine may appear against the king’s majesty’s laws, statutes, and injunctions, I shall desire and protest that it be not prejudicial to mine answer for this present ‘Credo’ (as lawyers in civil matters use that term) to be true; that is to say, such as, without any alteration in my conscience, presently I may of myself say in affirmation or denial, as afore is answered. And whereas I spake of commandment to be made to me against God’s law, I protest not to touch my sovereign lord’s honor therein, which my duty is by all means to preserve, but that the commandment given resolveth to be against God’s law on my part, in the obedience to be given; because I may not answer or say otherwise but ‘est, est,’ ‘non, non;’ so as my words and heart may agree together, or else I should offend God’s law; which my sovereign, if he knew my conscience, would not command me.’ ‘Now 89 that we have set forth and declared the matters and articles propounded and objected against the bishop, with his answer and purgations unto the same, wherein, though he utter many words to the most advantage of his excuse, yet he could not so excuse himself, but that much fault, and matter of great complaint and most worthy accusation, did remain in him: it remaineth, consequently, to set forth the process of his doings, and such complaints and accusations, wherewith he was worthily charged withal, as in the copy here following doth appear. * THE COPY OF A WRIT OR EVIDENCE TOUCHING THE ORDER AND MANNER OF THE MISDEMEANOR OF WINCHESTER, WITH DECLARATION OF THE FAULTS WHEREWITH HE WAS JUSTLY CHARGED; COPIED OUT OF THE PUBLIC RECORDS. Whereas the king’s majesty, by the advice of the lord protector and the rest of his highness’s privy council, thinking requisite, for sundry urgent considerations, to have a general visitation throughout the whole reahn, did, about ten months past, address forth commissions; and, by the advice of sundry bishops, and other the best learned men of the realm, appointed certain orders or injunctions to be generally observed; which, being such as in some part touched the reformation of many abuses, and in other parts concerned the good governance and quiet of the realm, were (as reason would) of all men of all sorts obediently received, and reverently observed and executed, saving only of the bishop of Winchester, who, as well by conference with others as by open protestations and letters also, showed such a wilful disobedience therein, as, if it had not been quickly espied, might have bred much unquietness and trouble: — upon the knowledge thereof he, being sent for, and his lewd proceedings laid to his charge, in the presence of the whole council so used himself (as well in denying to receive the said orders and injunctions, as otherwise), as he was thought worthy most sharp punishment; and yet, considering the place he had been in, he was only sequestered to the Fleet, where, after he had remained a certain time, as much at his ease as if he had been at his own house, upon his promise of conformity, he was both set at liberty again, and also licensed to repair to and remain in his diocese at his pleasure. Where when he was, forgetting his duty, and what promise he had made, he began forthwith to set forth such matters as bred again more strife, variance, and contention, in that one small city and shire, than was almost in the whole realm after. Besides that, the lord protector’s grace and the council were informed, that to withstand such as he thought to have been sent from his grace and their lordships into those parts, he had caused all his servants to be secrefiy armed and harnessed; and moreover, when such preachers as, being men of godly life and learning, were sent into that diocese by his grace and their lordships to preach the word of God, and appointed to preach, the bishop, to disappoint and disgrace them, and to hinder his majesty’s proceedings, did occupy the pulpit himself, not fearing in his sermon to warn the people to beware of such new preachers, and to embrace none other doctrine but that which he had taught them (than the which words none could have been spoken more perilous and seditious). Whereupon, being eftsoons sent for, and their grace and lordships objecting to him many particular matters wherewith they had just cause to charge him, they did in the end, upon his second promise, leave him at liberty, only willing him to remain at his house at London, because they thought it most meet to sequester him from his diocese for a time. And, being come to his house, he began afresh to ruffle and meddle in matters wherein he had neither commission nor authority; part whereof touched the king’s majesty. Whereof being yet once again admonished by his grace and their lordships, he did not only promise to conform himself in all things like a good subject, but also, because he understood that he was diversely reported of, and many were also offended with him, he offered to declare to the world his conformity; and promised, in an open sermon so to open his mind in sundry articles agreed upon, that such as had been offended should have no more cause to be offended, but well satisfied in all things. Declaring further, that as his own conscience was well satisfied, and liked well the king’s proceedings within this realm, so would he utter his conscience abroad, to the satisfaction and good quiet of others. And yet, all this notwithstanding, at the day appointed, he did not only most arrogantly and disobediently, and that in the presence of his majesty, his grace, and their lordships, and of such an audience as the like whereof hath not lightly been seen, speak of certain matters contrary to an express commandment given to him on his majesty’s behalf both by mouth and by letters, but also, in the rest of the articles whereunto he had agreed before, used such a manner of utterance as was very like, even there presently, to have stirred a great tumult; and, in certain great matters touching the policy of the realm, handled himself so colourably, as therein he showed himself an open great offender, and a very seditious man. Forsomuch as these his proceedings were of such sort, as, being suffered to escape unpunished, might breed innumerable inconveniences, and that the clemencies showed to him afore, by his grace and their lordships, did work in him no good effect, but rather a pride and boldness to demean himself more and more disobediently against his majesty’s and his grace’s proceedings; it was determined by his grace and their lordships, that he should be committed to the Tower, and be conveyed thither by sir Anthony Wingfield; and that at the time of his committing, sir Ralph Sadler, and William Hunnings, clerk of the council, should seal up the doors of such places in his house as they should think meet: all which was done accordingly.

    By this evidence above mentioned, first here is of the reader to be noted, how lewdly and disobediently the said Stephen Gardiner misused himself in the king’s general visitation, in denying to receive such orders and injunctions, as for the which he justly deserved much more severe punishment, albeit the king, with his uncle the lord protector, more gently proceeding with him, were contented only to make him taste the Fleet; in the which house, as his durance was not long, so his entreating and ordering was very easy. Out of the which Fleet, divers and sundry letters he wrote to the lord protector and others of the council; certain also to the archbishop of Canterbury, and some to Master Ridley bishop of London, as is above specified. * HERE FOLLOWETH THE CIRCUMSTANCE OF THE COUNCIL’S PROCEEDINGS WITH THE BISHOP OF WINCHESTER, TAKEN OUT OF THE REGISTER26 . ‘Greenwich,91 June 8, 1550. ‘Considering the long imprisonment that the bishop of Winchester hath sustained, it was now thought time he should be spoken withal; and agreed by the council 27 , that if he repented his former obstinacy, and would henceforth apply himself to advance the king’s majesty’s proceedings, his highness, in this case, would be his good lord and remit all his errors passed. Otherwise his majesty was resolved to proceed against him as his obstinacy and contempt required. For the declaration whereof the duke of Somerset, the lord treasurer, the lord privy seal, the lord great chamberlain, and master secretary Peter, were appointed the next day to repair unto him.’ * After these things thus passed, certain of the council, by the king’s appointment, had sundry days and times access to him in the Tower, to persuade with him; which were these, the duke of Somerset, the lord treasurer, the lord privy seal, the lord great chamberlain, and master secretary Peter, who repaired to him the ninth day of June 28 . *’Greenwich, June 10, 1550. ‘Report was made by the duke of Somerset and the rest, sent to the bishop of Winchester, that he desired of them 29 to see the king’s book of proceedings; upon the sight whereof he would make a full answer, seeming to be willing in all things to conform himself thereunto, and promising, that in case any thing offended his conscience, he would open it to none but to the council.

    Whereupon it was agreed, the book should be sent him to see his answer, that his case might be resolved upon 30 ; and that, for the mean time, he should have the liberty of the gallery and garden in the Tower, when the duke of Norfolk were absent.’ * The king was lying at Greenwich at this time. *‘Greenwich, June 13, 1550. ‘This day the lieutenant of the Tower, who before was appointed to deliver the king’s book unto the bishop of Winchester, declared unto the council, that the bishop, having perused it, said unto him, he could make no direct answer unless he were at liberty; and so being, he would say his conscience. Whereupon the lords and others that had been with him the other day, were appointed to go to him again to receive a direct answer, that the council thereupon might determine further order for him.’ ‘At Westminster, July 8, 1550. ‘This day the bishop of Winchester’s case was renewed upon the report of the lords that had been with him, that his answers were ever doubtful, refusing while he were in prison to make any direct answer. Wherefore it was determined, that he should be directly examined, whether he would sincerely conform himself unto the king’s majesty’s proceedings, or not. For. which, purpose it was agreed, that particular articles should be drawn, to see whether he would subscribe them or not; and a letter also directed unto him from the king’s highness, with which the lord treasurer, the lord great master, the master of the horse, and master secretary Peter, should repair unto him; the tenor of which letter hereafter ensueth.’ * A LETTER SENT TO THE BISHOP OF WINCHESTER, SIGNED BY THE KING, AND SUBSCRIBED BY THE COUNCIL.

    It is not, we think, unknown unto you, with what clemency and favor we, by the advice of our council, caused you to be heard and used, upon the sundry complaints and informations that were made to us and our said council of your disordered doings and words, both at the time of our late visitation, and otherwise. Which notwithstanding, considering that the favor, both then and many other times ministered unto you, wrought rather an insolent wilfulness in yourself, than any obedient conformity, such as would have beseemed a man of your vocation, we could not but use some demonstration of justice towards you, as well for such notorious and apparent contempts, and other inobediences as, after and contrary to our commandment, were openly known in you, as also for some example and terror of such others as by your example seemed to take courage to mutter and grudge against our most godly proceedings, whereof great discord and inconvenience at that time might have ensued. For the avoiding whereof, and for your just deservings, you were by our said council committed to ward: where albeit we have suffered you to remain a long space, sending unto you in the mean time, at sundry times, divers of the noblemen, and others of our privy council, and travailing by them with clemency and favor to have reduced you to the knowledge of your duty; yet in all this time have you neither acknowledged your faults, nor made any such submission as might have beseemed you, nor yet showed any appearance either of repentance, or of any good conformity to our godly proceedings. Wherewith albeit we both have good cause to be offended, and might also justly, by the order of our laws, cause your former doings to be reformed and punished to the example of others; yet, for that we would both the world and yourself also should know that we delight more in clemency, than in the straight administration of justice, we have vouchsafed, not only to address unto you these our letters, but also to send eftsoons unto you four of our privy council with certain articles, which being by us with the advice of our said council considered, we think requisite, for sundry considerations, to be subscribed by you; and therefore will and command you to subscribe the said articles, upon pain of incurring such punishment and penalties as by our laws may be put upon you for not doing the same.

    Given at our palace of Westminster, the eighth day of July, the fourth year of our reign. * THIS92 LETTER, SIGNED BY THE KING’S MAJESTY, WAS ALSO SUBSCRIBED BY THE WHOLE COUNCIL. ‘Westminster, the 10th of July, 1550. ‘The lord treasurer, lord great master, the master of the horse, and master secretary Peter, made report unto the council, that they had not only delivered to the bishop of Winchester the king’s majesty’s letter, but also the articles appointed; unto all which articles he subscribed with his own hand, saving to the first, whereunto he wrote his answer in the margin, as hereafter appeareth.’ * With the beforementioned letter, addressed from the king and his council, these articles, also, were delivered to the bishop of Winchester, here following:

    THE COPY OF THE ARTICLES, SIX IN NUMBER.

    Whereas I, Stephen bishop of Winchester 33 , have been suspected as one too much favoring the bishop of Rome’s authority, decrees, and ordinances, and as one that did not approve or allow the king’s majesty’s proceedings in alteration of certain rites in religion, and was convented 32 before the king’s highness’s council, and admonished thereof; and having certain things appointed for me to do and preach for my declaration, have not done that as I ought to do, although I promised to do the same; whereby I have not only incurred the king’s majesty’s indignation, but also divers of his highness’s subjects have by my example taken encouragement (as his grace’s council is certainly informed) to repine at his majesty’s most godly proceedings: I am right sorry therefore, and acknowledge myself condignly to have been punished; and do most heartily thank his majesty, that of his great clemency it hath pleased his highness to deal with me, not according to rigor but mercy. And to the intent it may appear to the world, how little I do repine at his highness’s doings, which be in religion most godly, and to the commonwealth most prudente 34 , I do affirm and say freely of mine own will, without any compulsion, as ensueth. 1. First, That by the law of God and the authority of Scripture, the king’s majesty and his successors are the supreme heads of the churches of England, and also of Ireland. 2. Item, That the appointing of holy-days and fasting-days, as Lent, Ember-days, or any such like, or to dispense therewith, is in the king’s majesty’s authority and power: and his highness, as supreme head of the said churches of England and Ireland, and governor thereof, may appoint the manner and time of the holy-days and fasting-days, or dispense therewith, as to his wisdom shall seem most convenient for the honor of God, and the wealth of this realm. 3. Item, That the king’s majesty hath most christianly and godly set forth, by and with the consent of the whole parliament, a devout and christian book of service of the church, to be frequented in the church, which book is to be accepted and allowed of all bishops, pastors, curates, and all ministers ecclesiastical of the realm of England, and so of them to be declared and commended in all places where they shall fortune to preach or speak to the people of it, that it is a godly and christian book and order, and to be allowed, accepted, and observed of all the king’s majesty’s true subjects. 4. I do acknowledge the king’s majesty that now is, (whose life God long preserve!) to be my sovereign lord, and supreme head under Christ to me as a bishop of this realm, and natural subject to his majesty, and now in this his young and tender age to be my full and entire king; and that I, and all other his highness’s subjects, are bound to obey all his majesty’s proclamations, statutes, laws, and commandments, made, promulgate, and set forth in this his highness’s young age, as well as though his highness were at this present thirty or forty years old. 5. Item, I confess and acknowledge, that the statute commonly called The Statute of the Six Articles, for just causes and grounds, is by authority of parliament repealed and disannulled. 6. Item, That his majesty and his successors have authority in the said churches of England, and also of Ireland, to alter, reform, correct, and amend all errors and abuses, and all rites and ceremonies ecclesiastical, as shall seem from time to time to his highness and his successors most convenient for the edification of his people; so that the same alteration be not contrary or repugnant to the Scripture and law of God.

    Subscribed by Stephen Winchester, with the testimonial hands of the council to the same. To 94 these articles afore specified although Winchester with his own hand did subscribe, granting and consenting to the supremacy of the king as well then being, as of his successors to come; yet because he stuck so much in the first point touching his submission, and would in no case subscribe to the same, but only made his answer in the margin (as is above noted), it was therefore thought good to the king, that the master of the horse and master secretary Peter should, repair unto him again with the same request of submission, exhorting him to look better upon it; and in case the words seemed too sore, then to refer it unto himself, in what sort and with what words he should devise to submit him, that, upon the acknowledgment of his fault, the king’s highness might extend his mercy and liberality towards him as it was determined: which was the eleventh day of July, the year above said.

    When the master of the horse and secretary Peter had been with him in the Tower according to their commission, returning from him again, they declared unto the king and his council how precisely the said bishop stood in justification of himself, that he had never offended the king’s majesty: wherefore he utterly refused to make any submission at all. For the more surety of which denial, it was agreed, that a new book of articles should be devised, wherewith the said master of the horse, and master secretary Peter, should repair unto him again; and for the more authentic proceeding with him, they should have with them a divine, and a temporal lawyer, which were the bishop of London, and master Goodrick.

    THE COPY OF THE LAST ARTICLES SENT TO THE BISHOP OF WINCHESTER.

    Whereas I, Stephen bishop of Winchester, have been suspected as one that did not approve or allow the king’s majesty’s proceedings in alteration of certain rites in religion, and was convented before the king’s highness’s council, and admonished thereof, and having certain things appointed for me to do and preach for my declaration, have not done therein as I ought to do, whereby I have deserved his majesty’s displeasure, I am right sorry therefore. And to the intent it may appear to the world how little I do repine at his highness doings, which be in religion most godly, and to the commonwealth most profitable, I do affirm as followeth: 1. That the late king, of most famous memory, king Henry the Eighth, our late sovereign lord, justly, and of good reason and ground, hath taken away and caused to be suppressed and defaced, all monasteries and religious houses, and all conventicles and convents of monks, friars, nuns, canons, bon-hommes, and other persons called religious; and that the same being so dissolved, the persons therein bound and professed to obedience to a person, place, habit, and other superstitious rites and ceremonies, upon that dissolution and order appointed by the king’s majesty’s authority as supreme head of the church, are clearly released and acquitted of those vows and professions, and at their full liberty, as though those unwitty and superstitious vows had never been made. 2. Item, That any person may lawfully marry, without any dispensation from the bishop of Rome, or any other man, with any person whom it is not prohibited to contract matrimony with, by the law Levitical. 3. Item, That the vowing and going on pilgrimage to images, or the bones or relics of any saints, hath been superstitiously used, and cause of much wickedness and idolatry, and therefore justly abolished by the late said king, of famous memory; and the images and relics so abused have been, for great and godly considerations, defaced and destroyed. 4. Item, That the counterfeiting of St. Nicholas, St. Clement, St.

    Katharine, and St. Edmund, by children, heretofore brought into the church, was a mere mockery and foolishness, and therefore justly abolished and taken away. 5. Item, It is convenient and godly, that the Scripture of the Old Testament and New, that is, The Whole Bible, be had in English and published, to be read of every man, and that whosoever doth repel and dehort men from reading thereof, doth evil and damnably. 6. Item, That the said late king, of just ground and reason, did receive into his hands the authority and disposition of chantries and such livings as were given for the maintenance of private masses, and did well change divers of them to other uses. 7. Also, the king’s majesty that now is, by the advice and consent of the parliament, did, upon just ground and reason, suppress, abolish, and take away the said chantries, and such other livings as were used and occupied for maintenance of private masses, and masses satisfactory for the souls of them that are dead, or finding of obits, lights, or other like things. The mass that was wont to be said of priests was full of abuses, and had very few things of Christ’s institution, besides the Epistle, Gospel, the Lord’s Prayer, and the words of the Lord’s Supper; the rest, for the more part, were invented and devised by bishops of Rome, and by other men of the same sort, and therefore justly taken away by the statutes and laws of this realm; and the communion which is placed instead thereof is very godly, and agreeable to the Scriptures. 8. Item, That it is most convenient and fit, and according to the first institution, that all christian men should receive the sacrament of the body and blood of Christ in both the kinds, that is, in bread and wine. 9. And the mass, wherein only the priest receiveth, and the others do but look on, is but the invention of man, and the ordinance of the bishop of Rome’s church, not agreeable to Scripture. 10. Item, That upon good and godly considerations it is ordered in the said book and order, that the sacrament should not be lifted up and showed to the people to be adored; but to be with godly devotion received, as it was first instituted. 11. Item, That it is well, politically, and godly done, that the king’s majesty, by act of parliament, hath commanded all images which have stood in churches and chapels, to be clearly abolished and defaced; lest hereafter, at any time, they should give occasion of idolatry, or be abused, as many of them heretofore have been, with pilgrimages, and such idolatrous worshipping. 12. And also that, for like godly and good considerations, by the same authority of parliament, all mass-books, cowchers, grails, and other books of the service in Latin, heretofore used, should be abolished and defaced, as well for certain superstitions in them contained, as also to avoid dissension; and that the said service in the church should be, through the whole realm, in one uniform conformity, and no occasion through those old books to the contrary. 13. That bishops, priests, and deacons, have no commandment of the law of God, either to vow chastity, or to abstain continually from marriage. 14. Item, That all canons, constitutions, laws positive, and ordinances of man, which do prohibit or forbid marriage to any bishop, priest, or deacon, be justly, and upon godly grounds and considerations, taken away and abolished by authority of parliament. 15. The Homilies lately commanded and set forth by the king’s majesty, to be read in the congregations of England, are godly and wholesome, and do teach such doctrine as ought to be embraced of all men. 16. The Book set forth by the king’s majesty, by authority of parliament, containing the form and manner of making and consecrating of archbishops, bishops, priests, and deacons, is godly, and in no point contrary to the wholesome doctrine of the gospel; and therefore ought to be received and approved of all the faithful members of the church of England, and, namely, the ministers of God’s word, and by them commended to the people. 17. That the orders of sub-deacon, Benet and Colet, and such others as were commonly called ‘millores ordines,’ be not necessary by the word of God to be reckoned in the church, and be justly left out in the said Book of Orders. 18. That the holy Scriptures contain sufficiently all doctrine required of necessity for eternal salvation through faith in Jesus Christ; and that nothing is to be taught as required of necessity to eternal salvation, but that which may be concluded and proved by the holy Scriptures. 19. That upon good and godly considerations it was and is commanded by the king’s majesty’s injunctions, that the Paraphrase of Erasmus in English should be set up in some convenient place in every parish church of this realm, where the parishioners may most commodiously resort to read the same. 20. And because these articles aforesaid, do contain only such matters as be already published and openly set forth by the king’s majesty’s authority, by the advice of his highness’s council, for many great and godly considerations; and amongst others, for the common tranquillity and unity of the realm; his majesty’s pleasure, by the advice aforesaid, is that you is, that you, the bishop of Winchester, shall not only affirm these articles with subscription of your hand, but also declare and profess yourself well contented, willing and ready to publish and preach the same at such times and places, and before such audience, as to his majesty from time to time shall seem convenient and requisite; upon pain of incurring such penalties and punishments as, for not doing the same, may, by his majesty’s laws, be inflicted upon you. * The 95 end of these Articles. ‘At Westminster, the 15th of July, 1550. Report 36 was made by the Master of the Horse and Master Secretary Peter that they, with the bishop of London and Master Goodrick, had been with the bishop of Winchester, and offered him the foresaid articles according to the council’s order: whereunto the same bishop of Winchester made answer, that first, to the article of submission he would in no wise consent; affirming, as he had done before, that he had never offended the king’s majesty in any such sort as should give him cause thus to submit himself; praying earnestly to be brought to his trial; wherein he refused the king’s mercy, and desired nothing but justice. And for the rest of the articles, he answered, that after he were past his trial in this first point, and were at liberty, then it should appear what he would do in them: it not being (as he said) reasonable, that he should subscribe them in prison.’ ‘Whereupon it was agreed that he should be sent for before the whole council and peremptorily examined once again, whether he would stand at this point or no. Which if he did, then to denounce unto him the sequestration of his benefice and consequently the Intimation, in case he were not reformed within three months; as in the day of his appearance shall appear.’ ‘At Westminster, the 19th July, 1550. ‘This day the council had access unto the king’s majesty for divers causes, but specially for the bishop of Winchester’s matter; who, this day, was therefore appointed to be before the council: and there having declared unto his highness the circumstances of their proceedings with the bishop, his majesty commanded that if he would this day also stand to his wonted obstinacy, the council should then proceed to the immediate sequestration of his bishopric and consequently to the intimation. Upon this the bishop of Winchester was brought before the council, and there the articles before mentioned read unto him distinctly and with good deliberation: whereunto he refused either to subscribe or consent, and thereupon was both the Sequestration and Intimation read unto him, in form following:’ — ‘Whereas the king’s majesty, our most gracious sovereign, lord, hath at divers times set sundry of us to travail with you, to the intent you, acknowledging your bounden duty, should, as a good and obedient subject, have conformed yourself to that uniformity in matters of religion, which is already openly set forth, both by acts of parliament, and otherwise by his majesty’s authority; and hath also of late, by certain of his majesty’s council, sent unto you certain articles, with express commandment that you should affirm them with subscription of your hand, and also declare and profess yourself well contented, willing, and ready, to publish and preach the same to others, at such time and place, and before such audience as to his majesty should, from time to time, beseeme requisite; because you did at that time expressly refuse to do as you were commanded, to the great contempt of his highness’s most dread commandment, and dangerous example of others; we, having special commission from his majesty to hear and determine your manifold contempts and disobediences, do eftsoons ask and demand of you, whether you will obey and do his majesty’s said commandment or not.’ — ‘Whereunto he answered that in all things that his majesty would lawfully command him, he was willing and most ready to obey; but forasmuch as there were divers things required of him that his conscience would not bear, therefore he prayed them to have him excused. — And thereupon master secretary Peter by the council’s order proceeded with these words.’ — * THE WORDS OF THE SEQUESTRATION, WITH THE INTIMATION TO THE BISHOP OF WINCHESTER.

    Forasmuch as the king’s majesty, our most gracious sovereign lord, under-standeth, and it is also manifestly known and notorious unto us, that the clemency and long sufferance of his majesty, worketh not in you that good effect of humbleness and conformity, that is requisite in a good subject; and for that your first disobediences, contempts, and other misbehaviors, for the which you were by his majesty’s authority justly committed to ward, have, sithens your said committing, daily more and more increased in you, in such sort as a great slander and offense is thereof risen in many parts of the realm, whereby much slander, dissension, trouble and unquietness hath risen, and more is very like to ensue, if your foresaid offences (being, as they be, openly known) should pass unpunished: we let you wit, that having special and express commission and commandment from his majesty, as well for your contumacies and contempts so long continued, and yet daily more increasing, as also for the exchuing of the slander and offense of the people, which by your said ill demeanours are risen; and for that also the church of Winchester may be in the mean time provided of a good minister, that may and will see all things done and quietly executed according to the laws and common orders of this realm; and for sundry other great and urgent causes: we do, by these presents, sequester all the fruits, revenues, lands, and possessions of your bishopric of Winchester; and discern, deem, and judge the same to becommitted to the several receipt, collection, and custody, of such person or persons, as his majesty shall appoint for that purpose. And because your former disobediences and contempts, so long continued, so many times doubled, renewed, and aggravated, do manifestly declare you to be a person without all hope of recovery, and plainly incorrigible; we eftsoons admonish and require you to obey his majesty’s said commandment, and that you do declare yourself, by subscription of your hand, both willing and well contented to accept, allow, preach and teach to others, the said articles, and all such other matters as be or shall be set forth by his majesty’s authority of supreme head of this church of England, on this side and within the term of three months; whereof we appoint one month for the first monition, one month for the second monition and warning, and one month for the third and peremptory monition.

    Within which time as you may yet declare your conformity, and shall have paper, pens, and ink, when you will call for them for that purpose; so if you wilfuly forbear and refuse to declare yourself obedient and conformable as is aforesaid, we intimate unto you, that his majesty, who, like a good governor, desireth to keep both his commonwealth quiet, and to purge the same of ill men (especially ministers), intendeth to proceed against you as an incorrigible person, and unmeet minister of this church, to deprivation of your said bishopric. ‘Nevertheless, upon divers good considerations, and specially in hope he might within his time be yet reconciled, it was agreed, that the said bishop’s house and servants should be maintained in their present estate, until the time of this Intimation should expire, and the matter for the mean time to be kept secret.’

    After this sequestration, the said bishop was convented unto Lambeth before the archbishop of Canterbury, and other the king’s commissioners, by virtue of the king’s special letters sent unto the said commissioners; to wit, the archbishop of Canterbury, Nicholas bishop of London, Thomas bishop of Ely, Henry bishop of Lincoln, secretary Peter, sir James Hales knight; Dr. Leyson and Dr. Oliver, lawyers, and John Goshold 96 esquire, etc., before them, and by them, to be examined. * But, 97 forasmuch as among other divers and sundry crimes and accusations, deduced against this bishop, the especial and chiefest matter wherewith he was charged, depended upon his sermon made before the king’s majesty, in not satisfying and discharging his duty therein partly in omitting that which he was required to do, partly in speaking of those things, which he was forbid to entreat of — it shall not be out of the order of the story, here to recite the whole tenor and effect of his sermon, as it was penned and exhibited to the commissioners at his examination, with the copy also of the lord protector’s letter, sent unto him before he should preach.

    THE TENOR AND COPY OF A LETTER SENT TO THE BISHOP OF WINCHESTER, FROM THE DUKE OF SOMERSET AND THE REST OF THE COMMISSIONERS.

    Touching such points as the Bishop of Winchester should entreat of in his Sermon. On the twenty-eighth of June, 1548. To our loving lord the bishop of Winchester.

    We commend us unto you: We sent unto you yesterday our servant William Cecil, to signify unto you our pleasure, and advise that you should, in this your next sermon, forbear to entreat upon those principal questions which remain amongst the number of learned men in this realm as yet in controversy, concerning the Sacrament of the Altar and the Mass; as well for that your private argument or determination therein might offend the people, naturally expecting decisions of litigious causes, and thereby discord and tumult arise, the occasions whereof we must necessarily prevent and take away, as also for that the questions and controversies rest at this present in consultation; and, with the pleasure of God, shall be in small time, by public doctrine and authority, quietly and truly determined. This message we send unto you, not thinking but your own wisdom had considered so much in an apparent manner; or, at the least, upon our remembrance, ye would understand it, and follow it with good will: consulting thereby your own quiet in avoiding offense, as observing our pleasure in avoiding contention. Your answer hereunto our said servant hath declared unto us in this manner: ‘Ye can in no wise forbear to speak of the sacrament, neither of the mass;’ this last, being the chief foundation, as you say, of our religion; and that without it, we cannot know that Christ is our sacrifice. The other being so spoken of by many, that if you should not speak your mind thereof, what ye think, you know what other men would think of you. In the end, concluding generally, that ye will speak the truth; and that ye doubt not but we shall be therewith content; adding also, as our said servant reporteth unto us, that you would not wish that we ourselves should meddle, or have to do in these matters of religion; but that the care thereof were committed to the bishops, unto whom the blame, if any should be deserved, might well be imputed. To this your answer:, if it so be, we reply very shortly, signifying unto you our express pleasure and commandment, on our sovereign lord the king’s majesty’s behalf, charging you, by the authority of the same, to abstain in your said sermon from treating of any matter in controversy concerning the said sacrament and the mass; and only to bestow your speech in the expert explication of the articles prescribed unto you, and in other wholesome matters of obedience of the people, and good conversation in living; the same matter being both large enough for a long sermon, and not unnecessary for the time: and the treating of the other, which we forbid you, not meet in your private sermon to be had, but necessarily reserved for a public consultation, and at this present utterly to be forborne for the common quiet. This is our express pleasure, wherein we know how reasonably we may command you, and you, we think, know how willingly ye ought to obey us.

    For our intermeddling with these causes of religion, understand you, that we account it no small part of our charge, under the king’s majesty, to bring his people from ignorance to knowledge, and from superstition to true religion; esteeming that the chiefest foundation to build obedience upon; and, where there is a full consent of other the bishops and learned men in a truth, not to suffer you, or a few other wilful heads, to disorder all the rest. And although we presume not to determine articles of religion by ourself, yet from God we knowledge it, we be desirous to defend and advance the truth determined or revealed. And so consequently we will not fail but withstand the disturbers thereof. So fare you well.

    From Sion, the 28th of June, anno 1548.

    Your loving friend, Edward Somerset.

    Here followeth the sum and effect of the sermon which Gardiner bishop of Winchester preached before the king’s majesty, collected by Master Udall, and exhibited up to the commissioners in the time of the examination of the said bishop.

    THE SERMON OF STEPHEN GARDINER, BISHOP OF WINCHESTER, PREACHED BEFORE THE KING. Most honorable audience! I purpose, by the grace of God, to declare some part of the gospel that is accustomably used to be read in the church as this day. And for because that without the special grace of God, neither I can speak any thing to your edifying, nor ye receive the same accordingly, I shall desire you all, that we may jointly pray altogether for the assistance of his grace; in which prayer I commend to Almighty God, your most excellent majesty our sovereign lord, king of England, France and Ireland, and of the church of England and Ireland, next and immediately under God, here on earth the supreme head; queen Katherine dowager; my lady Mary’s grace, my lady Elizabeth’s grace, your majesty’s most dear sisters; my lord protector’s grace, with all others of your most honorable council; the spiritualty and temporalty. And I shall desire you to commend unto God with your prayer, the souls departed unto God in Christ’s faith; and among these most specially, for our late sovereign lord king Henry the Eighth, your majesty’s most noble father. For these, and for grace necessary, I shall desire you to say a Pater-noster [and so forth].

    The gospel beginneth, ‘Cum venisset Jesus in partes Caesareae Philippi,’ etc. When Jesus was come into the parts of Cesarea, a city that Philippus builder, he asked his disciples and said: Whom do men say that the Son of man is? They said, Some say that thou art John the Baptist; some that thou art Elias; some that thou art Jeremy, or one of the prophets. He said to them: But whom say ye that I am? Then answered Simon Peter and said, Thou art Christ, the Son of the living God, etc.’

    I cannot have time, I think, to speak of the gospel thoroughly, for other matters that I have here now to say; but I shall note unto you such things as I may. And first, of the diversity of opinions concerning Christ, which were among the people variable, but among his (that is, the disciples of Christ’s school) there was no variety. They agreed altogether in one truth, and among them was no variety. For when Peter had, for all the rest, and in the name of all the rest, made his answer, that Christ was the Son of God, they all, with one consent, confessed that he had spoken the truth. Yet these opinions of Christ that the people had of him, though they were sundry, yet were they honorable, and not slanderous; for to say that Christ was Elias, and John the Baptist, was honorable: for some thought him so to be, because he did frankly, sharply, and openly, rebuke vice. They that called him Jeremy, had an honorable opinion of him, and thought him so to be, because of his great learning which they perceived in him; and marvelled where he had it. And they that said he was one of the prophets, had an honorable opinion of him, and favored him, and thought well of him. But there was another sort of people that spake evil of him, and slandered him and railed on him, saying that he was a glutton, and a drinker of wine; that he had a devil in him; that he was a deceiver of the people; that he was a carpenter’s son (as though he were the worse for his father’s craft). But of these he asked not any question; for among these, none agreed with the other. Wherein ye shall note, that man of his own power and strength can nothing do.

    For nothing that good is, he can do of his own invention or device, but erreth and faileth, when he is left to his own invention. He erreth in his imagination. So proud is man, and so stout of his own courage, that he deviseth nothing well, whensoever he is left to himself without God. And then, never do any such agree in any truth, but wander and err in all that they do: as men of law, if they be asked their opinion in any point touching the law, ye shall not have two of them agree in opinion in any point touching the law; ye shall not have two of them agree in opinion one with the other.

    If there be two or three of them asked their opinion in any matter, if they should answer all one thing, they fear lest they should be supposed and thought to have no learning. Therefore, be they never so many of them, they will not agree in their answers, but devise each man a sundry answer in any thing that they are asked. The philosophers that were not of Christ’s school, erred every one in their vain opinions, and no one of them agreeth with the other. Yea, men of simplicity, though they mean well, yet being out of Christ’s school, they agree not, but vary in their opinions; as these simple people here spoken of, because they were not perfect disciples of Christ’s school, they varied, and agreed not in their opinion of Christ, though they thought well of him.

    Some said he was John, some Elias, some Jeremy, but none made the right answer. He that answered here, was Simon the son of Jonas; and he said, ‘Thou art Christ, the Son of the living God.’

    Where ye shall note the properties that were in Peter, he was called Simon, which is obedience, and Jonas is a dove; so that in him that is of Christ’s school, must be these two properties, obedience and simplicity. He must be humble and innocent as a dove, that will be of Christ’s school. Pride is a let of Christ’s school; for, as the wise man sayeth, ‘God resisteth the proud, and giveth grace unto the humble and meek.’ And according to the same doth Christ in the gospel say: ‘O Father! I confess unto thee (that is: I laud and magnify thee), for that thou hast hidden these things from the wise, and hast opened them unto the little ones. Whereupon sayeth St.

    Augustine, that the gifts of learning, and knowledge of sciences, are no let to Christ’s school, but a furtherance thereunto, if they be well applied, and used as they ought to be. But he that is proud, and feedeth himself with his own conceit and opinion of himself, and abuseth the gifts of God, applying his learning and knowledge to the satisfying and following of his own fantasy, is no right disciple of Christ, but falleth into error. ‘Dicentes se sapientes esse, stulti facti sunt:’ ‘When they said and affirmed themselves to be wise, they were made fools.’ The philosophers had every one a sect of his own, and had many gay sentences for the commendations of their opinions; and every man thought his own opinion to be best. But because they applied all to their own pride and glory, and not to the honor of God, nor humbled themselves as they ought to have done, but followed their own fancy, they erred and fell out of the way, and were not of Christ’s school. And all that have gone out of Christ’s school, pride hath brought them out of it; and such as have not entered, have kept themselves out of it with pride likewise. Therefore all such as will be scholars of Christ’s school and discipline, must be humble and meek: otherwise, ‘dicentes se sapientes esse, stulti facti sunt.’ He that cannot learn this lesson of Peter, and humbly confess with Peter, that Christ is the Son of the living God, is no scholar of Christ’s school, be he otherwise never so well learned, never so well seen in other sciences.

    But now concerning the answer of Peter: Matthew here in this place saith, — he answered, ‘Tu es Christus filius Dei vivi:’ St.

    Luke saith, he answered, ‘Tu es Christus Dei:’ and St. Mark saith, he answered, ‘Tu es Christus.’ — But, in all that, is no variety; for to say ‘Christus filius Dei vivi,’ and to say, ‘Christus Dei,’ and to say, ‘Christus,’ is, in effect, all one, and no diversity in it. For Christus alone is the whole, and he that confesseth thoroughly Christ, is thoroughly a christian man, and doth then therein confess him to be the Lord and Savior of the world.

    But now we must consider what Christ is. Christ was 100 * sent to be our mes-sias, our savior, hee was sent to be our byshop and also our sacri*fice. He was sent from the Trinity, to be our Mediator between God and us, and to reconcile us to the favor of God the Father. He was the bishop that offered for our sins, and the sacrifice that was offered. And as he is our bishop, so is he our mean to pacify God for us, for that was the office of a bishop, ‘to sacrifice for the sins of the people, and to make intercession for the people.’ And as he was our sacrifice, so was he our reconciliation to God again. But we ‘must confess and believe him thoroughly, I say, for as he was our bishop then, so is it he that still keepeth us in favor with God. And like as his sacrifice then made, was sufficient for us, to deliver us from our sins, and to bring us in favor with God, so, to continue us in the same favor of God, he ordained a perpetual remembrance of himself. He ordained himself, for a memory of himself, at his Last Supper, when he instituted the sacrament of the altar. Not for another redemption, as though the first had not been sufficient, nor as though the world needed a new redemption from sin; but that we might thoroughly remember his passion, he instituted this sacrament by his most holy word; saying, — ‘This is my body:’ which word is sufficient to prove the sacrament, and maketh sufficiently for the substance thereof. And this daily sacrifice he instituted to be continued amongst christian men, not for need of another redemption or satisfaction for the sins of the world (for that was sufficiently performed by his sacrifice of his body and blood, done upon the cross), neither that he be now our bishop, for need of any further sacrifice to be made for sin; but to continue us in the remembrance of his passion suffered for us; to make us strong in believing the fruit of his passion; to make us diligent in thanksgiving, for the benefit of his passion; to establish our faith, and to make it strong in acknowledging the efficacy of his death and passion, suffered for us. And this is the true understanding of the Mass: not for another redemption, but that we may be strong in believing the benefit of Christ’s death and bloodshedding for us upon the cross.

    And this it is that we must believe of Christ, and believe it thoroughly: and therefore, by your patience, as Peter made his confession, so will I make confession. Wherein, by your majesty’s leave and sufferance, I will plainly declare what I think of the state of the church of England at this day; how I like it, and what I think of it. Where I said of the mass, that it was a sacrifice ordained to make us the more strong in the faith and remembrance of Christ’s passion, and for commending unto God the souls of such as be dead in Christ, 101 (for these two things are the special causes, why the Mass was instituted), the parliament very well ordained mass to be kept; and because we should be the more strong in the faith and devotion towards God, it was well done of the parliament, for moving the people more and more with devotion, to ordain that this sacrament should be received in both kinds. Therefore I say, that the act of parliament for receiving of the sacrament of the altar in both kinds, was well made. I said, also, that the proclamation which was made, that no man should unreverently speak of the sacrament, or otherwise speak of it than Scripture teacbeth them, was well made: for this proclamation stoppeth the mouths of all such as will unreverently speak of the sacrament. For in Scripture is there nothing to be found that maketh any thing against the sacrament, but all maketh with it. Wherefore if they were the children of obedience, they would not use any unreverent talk against the sacrament, nor blaspheme the holy sacrament; for no word of the Scripture maketh any thing against it.

    But here it may be said unto me, ‘Why, sir, is this your opinion? It is good: you speak plainly in this matter, and halt nothing, but declare your mind plainly without any coloring or covert speaking. — The act for the dissolving and suppressing of the chantries seemeth to make against the mass, how like you that act? What say you of it? or what would you say of it, if you were alone? I will speak what I think of it. I will use no colorable or covert words. I will not use a devised speech for a time, and afterward go from it again. — If chantries were abused by applying the mass, for the satisfaction of sin, or to bring men to heaven, or to take away sin, or to make men, of wicked, just, I like the act well; and they might well be dissolved: for the mass was not instituted for any such purpose. Yet, nevertheless, for them that were in them (I speak now as in the cause of the poor), it were well done that they were provided of livings. The act doth graciously provide for them, during their lives, and I doubt not but that your majesty and the lords of your most honorable council have willed and taken order, that they should be well looked unto. But yet how shall they be used at the hands of under-officers? God knoweth, full hardly, I fear. But as for the chantries themselves, if there were any such abuse in them concerning the mass, it is no matter if they be taken away. King Henry the Eighth, a noble and wise prince, not without a great pain, maintained the mass; and yet in his doctrine it was confessed, that masses of ‘Scala coeli,’ were not to be used nor allowed, because they did pervert the right use and institution of the mass. For when men add unto the mass an opinion of satisfaction, or of a new redemption, then do they put it to another use than it was ordained for. I, that allow mass so well, and I, that allow praying for the dead (as indeed the dead are of christian charity to be prayed for), yet can agree with the realm in that matter of putting down chantries. But yet ye would say unto me, ‘There be fewer masses by putting away the chantries.’ So were there when abbeys were dissolved: so be there when ye unite many churches in one. But this is no injury nor prejudice to the mass. It consisteth not in the number, nor in the multitude, but in the thing itself; so that the decay of the masses by taking away of the chantries, is answered by the abbeys: but yet I would have it considered for the persons that are in them, I speak of the poor men’s livings.

    I have now declared what I think of the act of parliament, made for the receiving of the sacrament of the body and blood of our Savior Jesus Christ in both kinds. Ye have my mind and opinion, concerning the proclamation that came forth for the same act; and I have showed my mind therein, even plainly as I think. And I have ever been agreeable to this precinct. I have oftentimes reasoned in it. I have spoken and also written in it, both beyond the seas, and on this side the seas. My books be abroad, which I cannot unwrite again. I was ever of this opinion, that it might be received in both kinds: and it was a constitution provincial scarce two hundred years ago, made by Peckham, the archbishop of Canterbury, that it should be received in both kinds; at leastwise, ‘in ecclesiis majoribus,’ that is, in the greater churches; for in the smaller churches it was not thought to be so expedient. Thus have I ever thought of this matter. I have never been of other mind, nor I have not changed my conscience; but I have obeyed and followed the order of the realm: and I prayed you to obey orders as I have obeyed, that we may all be the children of obedience.

    Now I will return to the text. When Simon had answered, ‘Tu es Christus, filius Dei vivi,’ ‘Thou art Christ, the Son of the living God,’ then Christ said unto him: ‘Blessed art thou, Simon Barjona; for flesh and blood hath not opened that unto thee, but my Father which is in heaven. And I say unto thee, that thou art Peter; and upon this rock will I build my church, and the gates of hell shall not prevail against it.’ ‘Blessed, art thou,’ said he, ‘for flesh and blood hath not opened that unto thee. For otherwise, in Luke, Andrew told of Christ and said: ‘I have found the Messias, which is Christ.’

    But that is not enough. He that shall confess Christ, must have an inward teaching, and must be spiritually taught by the Father of heaven; for Andrew’s confession were nothing but a carnal confession, and such a one as any other might have made, by natural reason. But the confession of Peter was above the reason of man; for Christ was there a very man, and Peter’s eyes told him, that he was a man and nothing else. But he was inwardly taught by the Father of heaven, and had a secret knowledge given him from heaven, not by flesh and blood (that is to say, by man’s reason), but inwardly, by the Father of heaven. And seeing this was above reason, it is a marvellous thing, that reason should be used to impugn faith. It is a precinct of carnal men, and such as use gross reason. But Peter had another lesson inwardly taught him; and, because he conned his lesson, Christ gave him a new name, — for ‘Petros’ is a stone, a new name of a christian man: ‘For upon this confession of thy faith here, I will build my church;’ that is: ‘I will stablish all those which I intend to gather unto thee;’ ‘et demones non prevalebunt adversus earn;’ that is: ‘and the devils shall not prevail against it.’ For he that with a good heart and sure faith confesseth this, he is sure from all peril: this world nor Satan can do him no harm.

    But now for a farther declaration. It is a marvellous thing, that upon these words the bishop of Rome should found his supremacy; for whether it be ‘super petram’ or ‘Petrum,’ all is one matter. It maketh nothing at all for our purpose to make a foundation of any such supremacy. For otherwise, when Peter spake carnally to Christ (as in the same chapter a little following), Satan was his name: where Christ said, ‘Go after me, Satan.’ So that the name of Peter is no foundation for the supremacy; but, as it is said in Scripture, ‘Fundati estis super fundamentum apostolorum et prophetarum;’ that is, by participation (for godly participation giveth names of things), he might be called ‘the head of the church’ as the head of the river is called the head; because he was the first that made this confession of Christ: which is not an argument for dignity, but for the quality, that was in the man — for the first man is not evermore the best. The head man of a quest is not always the best man in the quest; but is chosen to be the head man for some other quality that is in him. Virtue may allure many, so that the inferior person in dignity may be the better in place; as the king sometimes chooseth a mean man to be of his council, of whom he hath a good opinion; yet is the king the king still. And in some case the king of England might send to Rome; and, if the bishop of Rome were a man of such wisdom, virtue, and learning, that he were abler in matters of controversy concerning religion, to set a unity in the church of England, the king might well enough send unto him for his counsel and help; and yet should not in so doing give the bishop of Rome any superiority over the king. For if a king be sick, he will have the best physician; if he hath war, he will have the best captain; and yet are not those the superiors, but the inferiors. A schoolmaster is a subject, a physician is a subject, a captain is a subject, councillors are subjects; yet do these order and direct the king. Wherefore, leaving the bishop of Rome, this I say, to declare of what opinion I am. I do not now speak what I could say. I have spoken beyond the seas; I have written; my books be abroad; but this is not the place here. I say that this place maketh nothing for the bishop of Rome, but for Christ only; for none can put ‘aliud fundamentum nisi id quod positum est, qui est Christus Jesus.’

    But now to go forth declaring my mind; in my time hath come many alterations. First a great alteration it wast to renounce the bishop of Rome’s authority; and I was one that stood in it. A great alteration it was that abbeys were dissolved. A great alteration it was that images were pulled down. And to all these did I condescend, and yet I have been counted a maintainer of superstition; and I have been called a master of ceremonies and of outward things; and I have been noted to take that religion which consisteth in outward things, as though he were a right Christian that fulfilled the outward ceremonies.

    I promised to declare my conscience, and so will I; and how I have esteemed ceremonies; and that I have never been of other opinion than I am, concerning ceremonies. ‘And mine opinion I have gathered of Augustine and Jerome, ancient fathers and doctors of the church. Ceremonies serve to move men to serve God; and as long as they be used for that purpose, they may be well used in the church. But when man maketh himself servant to them, and not them to serve him, then be our ceremonies brought to an abuse. If by overmuch familiarity of them, men abuse them, they do evil: for we must not serve creatures, but God. We had monkery, nunnery, friary, of a wondrous number; much variety of garments, variety of devices in dwelling, many sundry orders and fashions in moving of the body. These things were first ordained to admonish them to their duty to God, to labor for the necessity of the poor, to spare from their own bellies to the poor; and therefore was their fare ordained and prepared. And because they abused these things, and set them in a higher place than they ought to do (not taking monition thereby, the better to serve God, but esteeming perfection to consist in them), they were dissolved; their houses and garments were taken away. But one thing king Henry would not take away; that was, the vow of chastity. The vow of obedience, he converted to himself: the vow of chastity he willed still to remain with them.

    We had many images whereto pilgrimages were done, and many tombs that men used to visit; by reason whereof they fell in a fancy of idolatry and superstition, above the things that the image might have been taken for; and because it had not the use that it was ordained for, it was left. When men put the images in a higher place than they served for, then were they taken clean away. As give a child a gay book to learn upon, and then if he gaze upon the gorgeousness of his book, and learn not his lesson according to the intent that the book was given him for, the book is taken away from him again. So the images, when men devised and fell to have them in higher place and estimation than they were first set up in the church for, then they might be taken away. And I was never of other mind, nor ever had other opinion of it.

    Divers things there be in the church, which be in the liberty of the ruler, to order as he seeth cause; and he that is ruler, may either let it stand, or else may cause it to be taken away. There be two manner of reformations we have had, of both sorts. There be things in the church, the which if they be abused, may not be taken away; as for baptism, if it be abused, there may not another thing be put in the place of it, but the thing must be reformed and brought to the right use again. Also preaching, if it be abused, may not be taken away, but must be reformed and brought to the right use. But there be other things used in the church, in which the rulers have liberty either to reform them, or to take them away. We have had many images, which be now all taken away, for it was in the liberty of the rulers, for the abuse of them; either to reform them or to take them away: and because it was an easier way to take them away than to bring them to the right use that they were ordained for, they were all clean taken away; and so they might be. — ‘Yea, sir,’ will ye say, ‘but ye have maintained and defended them; and have preached against such persons as despised them.’ It is truth: I have preached against the despisers of them, and have said, that images might be suffered and used in the church, as laymen’s books. Yet I never otherwise defended them, but to be used for such purpose as they were first set up in the church for. But now that men be waxed wanton, they are clean taken away; wherein our religion is no more touched than when books were taken away for abusing of them. There was an order taken for books not to be used, wherein some might have said, ‘The books are good, and I know how to use them: I may therefore use them well enough. I will therefore use them, though they be forbidden.’ But if thou have any charity, thou oughtest to be contented rather to have them all taken away, than to declare thyself of another opinion than thou oughtest to have.

    As touching ceremonies, I esteem them all as Paul esteemeth them — things indifferent; where he saith, ‘Regnum Dei non est esca et potus.’ So of ceremonies. Nevertheless, we have time, place, and number: as a certain number of psalms to be said at times, which may be used without superstition. But these things must serve us, and not we serve them. Yet if an order be set in them by such as have power, we must follow it; and we must obey the rulers that appoint such time, place, and number to be kept. Ye may not say, ‘ If the time will not serve me, then I will come an hour after.’ No, sir, ye must keep this time and this hour; because it is so appointed by the rulers: not for the things, but for the order that is set. I have been ever of this opinion. We had palms and candles taken away; which things may indifferently have either of the two reformations above said. When they were in places, they should have put men in remembrance of their duty and devotion towards God: but, because they were abused, they were and might be taken away. But the religion of Christ is not in these exercises; and therefore in taking away of them, the religion of Christ is nothing touched nor hindered; but men must in such things be conformable, not for the ceremony, but for obedience’ sake. St. Paul saith, that we should rebuke every brother that walketh inordinately. I have told you my opinion (and my conscience telleth me that I have spoken plainly), that ye may know what I am; and that ye may not be deceived in me, nor be slandered in me, nor make any further search to know my heart. I like well the communion, because it provoketh men more and more to devotion. I like well the proclamation, because it stoppeth the mouths of all such as unreverently speak or rail against the sacrament. I like well the rest of the king’s majesty’s proceedings concerning the sacrament.

    I have now told you what I like; but shall I speak nothing of that I mislike? ye will then say, I speak not plainly. I will therefore show my conscience plainly. I mislike that preachers which preach by the king’s license, and those readers which, by the king’s permission and sufferance, do read open lectures, do openly and blasphemously talk against the Mass, and against the Sacrament.

    And to whom may I liken such readers and preachers? I may liken them unto posts; for the proverb says, that posts ‘do bear truth in their letters, and lies in their mouths.’ And so do they. And to speak so against the sacrament, it is the most marvellous matter that ever I saw or heard of. I would wish, therefore, that there were a stay and an order in this behalf; and that there might be but one order or ruler: for as the poet saith (I may use the verse of a poet well enough, for so cloth Paul of the great poet), Oujc ajgaqoh ei+v koi>ranov e]stw . And let no man of his own head begin matters, nor go before the king (they call it, ‘going before the king’): and such make themselves kings.

    Well, what misliketh me else? It misliketh me that priests and men that vowed chastity, should openly marry and avow it openly; which is a thing that since the beginning of the church hath not been seen in any time, that men that have been admitted to any ecclesiastical administration, should marry. We read of married priests, that is to say, of married men chosen to be priests and ministers in the church; and in Epiphanius we read, that some such, for necessity, were winked at. But, that men being priests already, should marry, was never yet seen in Christ’s church from the beginning of the apostles’ time. I have written in it, and studied for it, and the very same places that are therein alleged to maintain the marriage of priests, being diligently read, shall plainly confound them, that maintain to marry your priests — or at the furthest, within two lines after.

    Thus have I showed my opinion in orders proceeding from the inferiors, and in orders proceeding from the higher powers; and thus I have, as I trust, plainly declared myself, without any covering or counterfeiting. And I beseech your most excellent majesty to esteem and take me as I am; and not to be slandered in me; for I have told you the plain truth as it is, and I have opened my conscience unto you. I have not played the post with you, to carry truth in my letters, and lies in my mouth; for I would not for all the world make a lie in this place: but I have disclosed the plain truth as it lieth in my mind. And thus I commit your most excellent majesty, and all your most honorable councillors, with the rest of the devout audience here present, unto God. To whom be all honor, laud, and glory, world without end!

    Thus, having comprised the sum and chief purpose of his sermon, with such other matters above written, as appertain to the better opening and understanding of the corrupt and blind ignorance of this bishop, with his dissembling and double-face doings in matters of religion, now it remaineth that we should proceed to the process of his examinations, before the king’s commissioners, with the full handling of his cause in such order and process as things were done from time to time, as here following is to be seen. THE FIRST SESSION.

    THE FIRST SESSION OR ACTION AGAINST GARDINER BISHOP OF WINCHESTER Was holden in the Great Hall of the Manor of Lambeth, by the King’s Majesty’s Commissioners; that is to say, Thomas archbishop of Canterbury, Nicholas bishop of London, Thomas bishop of Ely, Henry bishop of Lincoln, sir William Peter, one of the king’s secretaries, sir James Hales knight; Griffin Leyson, John Oliver, doctors of law; Thomas Gosnold esquire; Thomas Argall and William Say, notaries and actuaries in that matter assigned, the 15th of December 38 , A.D. 1550: at which day and place, Master John Lewis, on the behalf of the King’s Majesty, presented certain letters of commission under the great seal of England, the tenor whereof ensueth.

    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 Ireland in earth the supreme head: To the most reverend father in God our right trusty and right well-beloved councillor Thomas archbishop of Canterbury, the right reverend fathers in God our right trusty and right well-beloved councillors Nicholas bishop of London, Thomas bishop of Ely, and Henry bishop of Lincoln; our trusty and right well-beloved councillors, sir William Peter knight, one of our two principal secretaries, sir James Hales knight, one of our justices of Common Pleas; Griffith Leyson, John Oliver, doctors of the law; Richard Goodrick and John Gosnold esquires, greeting.

    Whereas Stephen, bishop of Winchester, showing himself not conformable to our godly proceedings touching the reformations of sundry abuses in religion within this our realm — and for that amongst the multitude of our subjects not yet well persuaded therein, his examples, sayings, preachings, and doings, are very much hurt to the quiet furtherance, and humble receipt, of our said reformations and proceedings — was, for these and other great and urgent considerations, by our council, with our express consent and assent, willed, required, and commanded in our name, to preach and set forth there, in open sermon before us, sundry matters before that time justly ordered and reformed as well by our father of most noble memory, as by authority of parliament, and otherwise, by the advice of sundry learned men of our clergy; and whereas the said Stephen, bishop of Winchester, was at the same time, for the avoiding of occasion of our subjects, by our said council on our behalf straightly charged and commanded not to speak of certain other matters unfit in respect of the time to be then spoken of, who, forgetting his bounden duty of allegiance to us, did nevertheless openly, in our own hearing, and in the presence of our council, and a great number of our subjects, disobey the said commandments given to him, to the danger and evil example of all others, and great contempt of us, our crown, and dignity royal: for the which contempt, the same being notorious, the said bishop was then, by our authority, committed to our Tower of London, where, notwithstanding sundry sendings unto him, he hath ever since continued in this form of disobedience, and utterly and expressly refused to acknowledge the same, and besides that, by other ways and means increased in continuance and disobedience; for the which, after many occasions, and clemency minis-tered unto him, perceiving no hope of reconciling or conformity, we have further proceeded to the sequestration of the fruits and possessions of his bishopric; and given, eftsoons, straight commandment to obey and conform himself within the space of three months, upon pain of deprivation of the said bishopric, as by the record of our council, amongst other things, fully appeareth:

    Forasmuch as the said bishop — these our advertisements, monitions, and other the premises notwithstanding — doth yet still remain (as we be informed) in his former disobedience, and thereby declareth himself to be a person incorrigible, without any hope of recovery, we let you wit, that like as hitherto, by the space of these two years or more, we have suffered, and forborne to reform his offences with just punishment, upon hope of amendment, using and causing to be used (of our princely clemency, and certain knowledge) only such decrees and lenity in proceeding, as is aforesaid: so, seeing now and well perceiving by experience, that our long sufferance and great clemency hath been and is of him totally abused, and he thereby not only grown to a more wilfulness, but others also, by his example, much animated to follow like disobedience, we can no longer suffer his aforesaid misdemeanors and contempts to pass or remain unreformed: and therefore let you wit, that, knowing your gravity’s learning, approved wisdoms, and circumspections, we, of our mere motion, certain knowledge, and by the advice of our council, have appointed, and by these presents do name and appoint, nine, eight, seven, six, five, or four of you (whereof you the archbishop of Canterbury, the bishop of London, the bishop of Ely, the bishop of Lincoln, sir William Peter, sir James Hales, or one of you, to be always one) to be our commissioners, substitutes, and delegates special; giving you nine, eight, seven, six, five, or four of you (whereof you the archbishop of Canterbury, the bishop of London, the bishop of Ely, the bishop of Lincoln, sir William Peter, sir James Hales, or one of you, to be always one), ample commission, and full power, jurisdiction, and authority, not only to call before you at such days, times, and places, as often as to you it shall be thought convenient, the said bishop of Winchester, and all others, whatsoever they be, whom ye shall think good or necessary to be called for the examination, trial, proof, and full determination of this matter or any part thereof; but also to require all and every such process, writings, and escripts, as have passed and been done in this matter as is aforesaid, to be brought in and exhibited before you. And finding the said bishop either to continue in his former contempt, or that he hath not conformed him according to our pleasure and the monitions given by our council by commission from us; or if he, being called before you, shall, eftsoons, refuse to conform himself, according to our said commandments and monitions, our pleasure is, that you shall proceed against him to deprivation of his bishopric, and removing of him from the same, and further do, and cause to be done in the premises and in all matters and causes annexed, incident or depending upon the same or any part thereof, all and every such thing or things as to our laws either ecclesiastical or temporal, statutes, ordinances, equity, and reason, shall appertain, and to your good wisdoms may seem just and reasonable; causing that that shall be decreed, judged, and determined by you or four of you, as is aforesaid, to be inviolably and firmly observed: in the examinations, process, and final determinations of which matter our pleasure is that ye shall proceed ‘ex officio mero, mixto, vel promoto, omni appellatione remota summarie et de plano, absque omni strepitu et figura judicii, ac sola veritate inspecta:’ willing that that which, by any four of you, is or shall be begun, shall and may from time to time be continued and ended, by any the same, or any other four or more of you; so as you the archbishop of Canterbury, the bishop of London, the bishop of Ely, the bishop of Lincoln, sir William Peter, or sir James Hales, or one of you, be one. And such persons as you shall send for, or command to appear before you concerning this matter, if they appear not, or, appearing, do not obey the precepts, we give you full and ample authority to punish them and compel them, by such ways and means as to you or four of you, as is aforesaid, shall seem convenient; commanding and straightly charging all and singular mayors, sheriffs, bailiffs, and other our ministers and subjects whatsoever, to be aiding and assisting unto you in the doings of the premises. In witness whereof, to this our present commission, signed with our hand, we have cruised our great seal of England to be annexed and put unto.

    Given at our palace at Westminster the 12th day of December, and the fourth year of our reign. Edward Somerset, William Paget, William Wiltshire, Thomas Cheney, John Warwick, Anthony Wingfield, John Bedford, Thomas Darcy, William North, William Harbert, Henry Dorset, William Tirrell, Edward Clinton, Edward North.

    Thomas Wentworth, This commission being openly read, the archbishop with the rest of the said commissioners (for the honor and reverence due to the king’s majesty) took the charge and burden of the said commission upon them; and decreed to proceed according to the form and effect thereof. And thereupon his grace, by consent of the rest, then and there assigned William Say and Thomas Argall, jointly and severally, to be registrars and actuaries of that cause, and assigned Master David Clapham and Master John Lewis, proctors of the Arches, jointly and severally to be necessary promoters of their office in that behalf. Which done, the said promoters assiged, taking upon them the said office, and promoting the office of the said commissioners, ministered unto him certain positions and articles. Whereupon they required the bishop of Winchester, then and there personally present, to be sworn faithfully and truly to make answer; and therewith the said bishop of Winchester requiring and obtaining leave to speak, declared in manner following: ‘That forasmuch as he perceived himself to be called to answer to justice, he did most humbly thank the king’s majesty, that it had pleased his grace to be his good and gracious lord therein, and most humbly did acknowledge his majesty to be his natural sovereign lord; and that he had [obeyed], and always would obey, his majesty’s authority and jurisdiction, and be subject thereunto. And that forasmuch as his grace had been pleased to grant him to use his lawful remedy and defense in this behalf, therefore he, there and then, openly protested, that by any thing then spoken, or to be thenceforth spoken, or then done or to be done, or by his then personal appearance, he intended not to consent unto the said judges, nor to admit their jurisdiction any otherwise, nor further, than by the law he was bound to do; nor to renounce any privilege which he might or ought in this behalf to use. but to use the same to his most advantage, and all other lawful defense meet and convenient to and for him, as well by way of recusation of the same judges, or excepting against their commission, as otherwise: which his said protestation he willed and required to be inserted in these acts, and in all other acts thenceforth to be sped and done in this matter.’

    And under the same his protestation he required a copy, as well of the said commission, as also of these Acts; which copies the judges did decree unto him. And this done, the archbishop, by consent of the rest, then and there did onerate the said bishop of Winchester with a corporal oath, upon the holy evangelists by him touched and kissed, to make a true and faithful answer to the said positions and articles, and every part of them, in writing, by the Thursday next following, between the hours of nine and ten before noon, in that place; and delivered a copy of the said positions and articles, willing the lieutenant of the Tower to let him have papers, pen, and ink, to make and conceive his said answers, and other his protestations and lawful defenses in that behalf; the same bishop, under his form of protestation giving the same oath, as far as the law did bind him, and requiring to have counsel appointed him; which the archbishop, and the rest of the commissioners, did decree unto him, such as he should name.

    This done, the said promoters produced sir Anthony Wingfield comptroller of the king’s majesty’s honorable household, sir William Cecil secretary, sir Ralph Sadler, sir Edward North, Dr. Coxe, almoner, sir Thomas North, sir George Blage, sir Thomas Smith, sir Thomas Challoner, sir John Cheke, Master Dr. Ayre, Master Dr. Robert Record, Master Nicholas Udall, and Thomas Watson, witnesses upon the articles by them ministered as before. Which witnesses, and every one of them, the archbishop, with the consent of his colleagues aforesaid, did admit, and with a corporal oath in form of law did onerate, to say and depose the whole and plain truth that they knew, in and upon the contents of ‘the said articles; and monished them and every one of them, to come to be examined accordingly: the said bishop of Winchester, under his said former protestation, dissenting to the said production, admission, and swearing; and protesting to say, as well against the persons of the said witnesses, as their sayings, so far as the same did or should make against them; and asking a time to minister interrogatories against them: to whom it was assigned to minister the said interrogatories by the Thursday immediately following.

    As touching the depositions of the witnesses above named, ye shall have them, with all other attestations of the witnesses, as well of nobility as of others produced and examined in this matter (both against the said bishop, and with him), in the twentieth Act of this ‘process, where publication of the most part of them was required and granted. After this, the archbishop, with the consent of his colleagues aforesaid, at the petition of the said promoters, continued the cause, in the state it was, unto the Thursday following, between the hours of nine and ten in the forenoon in that place.

    THE SECOND SESSION.

    THE SECOND SESSION OR ACT AGAINST GARDINER BISHOP OF WINCHESTER, WAS HELD AT LAMBETH, ON THURSDAY THE 18TH DAY OF DECEMBER.

    The said 18th day of December, in the fore-named place, between the hours as above prefixed, before the archbishop of Canterbury and the rest of the commissioners, assembled as they were the last session, in the presence of William Say and Thomas Argall actuaries, there was there presented to them a ‘letter sent to them from the Privy Council, the tenor whereof is this: ‘After our right hearty commendation unto your good lordships: It is come to our knowledge by report of [persons of] good credit which were present at Lambeth at your last session in the bishop of Winchester’s cause, that the said bishop did earnestly affirm in open court before your lordships, and in the hearing of a great multitude of people, that we had made a full end with him at the Tower, for all the matters for which he was then committed, in such sort as he verily thought never to have heard any more thereof: which report seemed to us very strange, and so much toucheth the honor of the king’s majesty, to have him called to justice now for a matter determined, and our fidelities to his majesty, to have ended the same cause without commission; that although the said bishop seem to defend his cause with untruths, yet can we not suffer him to seek his credit by his overbold affirmation, amongst a multitude of so false and untrue matters; and, therefore, we have thought it necessary, upon our fidelities and honors [to declare], that his said tale of our ending the matter with him, is false and untrue: for neither did we make any end of his matter, neither had we any commission from the king’s majesty so to do; but only to hear and confer with him for his obedience, and thereof to make report. And whereas he saith our end was such, that he thought never to have heard thereof again, if he meant to remember truths, as in this behalf he hath devised untruths, he then can tell what we said to him, requiring more liberty, that we had no commission to grant him that, or to take any order with him, but only to commune with him.

    We be sorry to see him make so evil a beginning at the first day, as to lay the first foundation of his defense, upon so false and manifest an untruth; and would wish his audacity and unshamefacedness were used in allegation of truths; for this way, as the proverb saith, ‘it doth but feed the winds.’ Forgetfulness is oftentimes borne with as a man’s excusation, but impudent avowal of falseness, was never tolerable. Wherefore, besides that we would admonish him hereof, because his false report was openly made, and arrogantly against the truth told him maintained, we pray you to cause this our declaration to be manifested in like manner; that the truth may appear, and thereby the said bishop may be taught to forbear further false allegations: and, at the least, if he will help his cause no otherwise, yet to consider whom he shall touch with his untruth. For although the king’s majesty is well pleased he shall there before you, use his defense, and have good justice, yet must he think it is not granted him to become so liberal a talker out of the matter, as his natural property and condition moveth him, nor within the matter to become so arrogant, as his sayings should be believed against other men’s proofs: which two things if he should amend, we will be most glad of it, and charitably wish him a mild spirit, to remember he standeth in judgment for contempt against his sovereign lord the king’s majesty. And so we bid your lordships most heartily well to fare. From Westminster the 17th day of December, 1550.

    Your good lords’ assured loving friends, Edward Somerset, John Bedford, William Wiltshire, William North.

    This letter, after they had read it to themselves, they commanded to be openly read; the said bishop of Winchester, under his former protestations, requiring that he might be heard speak before that they would so openly read: for that as he said he had matter to say, that should move the judges not to have it openly read. Which request of the said bishop, because they granted him not, but willed the same letter to be openly read, as it was, by the actuary, who was William Say; and after, by the judges decreed, to remain among the acts: the said bishop upon the said reading, declared among other things to them, that they should have respect to all indifferently, and regard no letters or particular advertisements, but to have “solum Deum prae oculis:” under his former protestation protesting also, for that he could not be heard speak as before.

    After this, the said bishop, declaring that he had used all the diligence he could possibly, to make ready his answers — which for the prolixity of them, and lack of a clerk, and shortness of time [he had not been able to complete] — yet, to declare his diligence in this behalf, under his said protestations, exhibited his said answers; being, as he said, the first original of his own hand-writing, which he required and offered to read openly himself. And because of the length of them, the judges were contented, that the said actuaries should exemplify them, and after collation and conference made between the said original and copy, with the said bishop in the Tower, by the said actuaries, the said original to be delivered him again. 104 Thus his answers being exhibited, the commissioners did grant, (as is said) not only to re-deliver them to him, but also granted to the said bishop to alter and reform his said fonner answers, in case they should not have been fully and truly made according to his mind; and the same being fully made, to exhibit on Tuesday next in the place and at the hours aforesaid.

    Then the said bishop,under his former protestations, gave in certain interrogatories against the witnesses sworn at the last session, requiring them to be interrogated upon them accordingly. The tenor of which interrogatories are these, as followeth:

    INTERROGATORIES MINISTERED BY WINCHESTER AGAINST HIS WITNESSES.

    Inprimis: Whether they heard the bishop of Winchester say, in the end of his sermon made before the king’s majesty, that he agreeth thoroughly with the rulers and higher estate of the realm; but all the fault he found was in the lower part, or such like words to that sense?

    Whether the bishop of Winchester did not say unto him 39 , when he came with sir Anthony Wingfield, that he thought so to have made his sermon, as none of the council should have found fault with it?

    Whether the said bishop of Winchester required the same sir Ralph Sadler to show the lord of Somerset’s grace, that, by his advice, he should never speak of the letter he sent unto the said bishops?

    These his interrogatories being thus laid in, the judges granted him, at his request, a longer day, to minister more interrogatories, if he were so disposed, against as many of the said witnesses as remained about the city, and that they should not depart thence between that and the next session.

    Then the said bishop, under protestation as afore, required a copy of the sentence of sequestration and intimation made against him in the last summer, and likewise to have a clerk, and some temporal counsel. And the judges granted him to have a clerk to be with him and his counsel, so long as his counsel remained there, and willed him to send them the names of such temporal counsel as he would have, and he should have answer therein as was meet. There was also, by the said bishop, under his said protestation, exhibited a letter missive, directed from the council to Dr.

    Standish, Dr. Jeffrey, and Dr. Lewis, advocates of the Arches, and to Dockrel and Clark, proctors of the same; the tenor whereof ensueth in these words:

    LETTER MISSIVE TO DRS. STANDISH AND JEFFREY, ETC.

    To our loving Friends Dr. Standish and Dr. Jeffrey, Advocates of the Court of the Arches, and Docktel and Clark, Proctors of the same.

    After our hearty commendations: Whereas the bishop of Winchester (having counsel granted unto him by our very good lord the archbishop of Canterbury, and other the king’s majesty’s commissioners, as we be informed,) caused you to be required to be a counsel with him: these be to advertise you the king’s majesty is pleased to, and by these our letters doth, license you, not only to be counsel with him, but also to repair to the Tower from time to time, for conference with him for his defense in this matter. And this his majesty is pleased, notwithstanding one of you is his majesty’s chaplain. Fare you well.

    From Westminster, this present Tuesday, in December, 1550.

    Your friends, Edward Somerset, W. Northt’.

    William Wiltshire, F. Huntingdon, J. Warwick, E. Clinton, John Bedford, Thomas Cheney.

    By the said letter, as ye have heard, they were licensed, as well to be a counsel with the bishop of Winchester in this his suit, as also to repair to the Tower from time to time, for conference with him for his defense in this matter. Which letter, under his said protestations, he required to be registered, and the original to be to him re-delivered; and the same his counsel then present (Dr. Lewis only absent) to be licensed also, by decree of the judges, to be of counsel as afore; at whose desire the said judges decreed according to his request.

    THE THIRD SESSION.

    The third session or action was sped on Tuesday, the 23rd day of December 40 , A.D. 1550, at the prefixed hours, at Lambeth aforesaid, before the archbishop of Canterbury and the rest of the commissioners (sir James Hales and Master Richard Godricke only absent), in presence of the aforesaid William Say and Thomas Argall, actuaries. At the which day and place, Gardiner bishop of Winchester was assigned to exhibit his full answers to the positions and articles objected, and to minister more interrogations to the witnesses not yet departed: where and at what time, the said bishop of Winchester read an appellation in writing afore the actuaries aforesaid, and required them to make an instrument thereof; the copy of which appellation is as followeth in the note: This being done, the bishop, under his former protestation, and under the protestation not to recede from the benefit of his said appeal, did exhibit his answers to the said positions, being fully made, as he said; and required a copy thereof, and also his first original answer to be re-delivered to him: which was decreed, due collation first made of the said original; the tenor of which his fuller answers, word for word, ensueth:

    ANSWER OF THE BISHOP OF WINCHESTER TO THE REQUEST OF A MORE FULL ANSWER IN CERTAIN ARTICLES OBJECTED UNTO HIM. ‘The seventh article is not fully answered, where you say, ‘I remember not:’ ‘At any time, that I remember.’ First, for that it is required to make a more full answer to the seventh article, containing such general matter as is referred to two years and a half by-past and gone, than do the words ‘as I remember,’ the said bishop, saith his. answer therein, uttering as much as is presently in his conscience, doth satisfy all law and reason; and that the word ‘credo’ in Latin, whereby all such positions be answered unto, containeth in effect no more virtue and strength, than do the words ‘as I remember’ in English; because no man can. think of himself to be true, that he remembereth not, except as a man may think of himself generally, that (knowing his direct intention ever to do well), may think well of himself, as the said bishop hath, in the latter general clause of his answers, said; where he saith, ‘Credit’ all his affirmations and denials in his said answer to be true, as his conscience now testifieth unto him. And therefore, because he answereth to the said seventh article, that he was never but once called in all his life, and at that time declared the matters wherefore he was called; and how, in the end of that examination, the said bishop answereth, that he so departed as he durst; and did allege for himself that he was no offender, and ought not in that sort to tarry by commandment, it must needs, by the matter contained in his said answer, sufficiently appear, he hath fully answered that article; and that (being such a personage as he is and hath been) he ought not — after vexation in prison so long time (two years and a half) in such manner of solitary keeping as he might reasonably forget that, and the world also — be now thus travailed with, whereby to touch the integrity of his conscience, and, without cause, indirectly to impute to him, as though he had not satisfied his oath: specially considering that the answer of the said bishop hath been willingly made to such articles; as else, by the direct order of the law, he ought not to be compelled to make answer unto: offering, nevertheless, that when by the judges any further specialty shall be objected unto him, he will, and is ready (in such case as the law bindeth him to answer unto it) to make such answer as the law bindeth him unto in that behalf. ‘The eighth wanteth answer to this part; namely, You were called before the king’s majesty’s council, in the month of June, in the second year of his majesty’s reign, and by them, in his highness’s behalf, commanded to preach a sermon before his majesty, and therein to declare the justness and godliness,’ etc.

    To the eighth article the said bishop saith that full answer is made, in that the whole process of the fact, as it can come to the said bishop’s remembrance, is plainly told (in what sort that matter of preaching was opened, and where, and with whom) by a clause, that ‘otherwise the said bishop was not spoken with concerning preaching.’ Which preciseness he nevertheless doth understand according to his present memory and conscience, wherein the said bishop can say no more, but as his conscience now testifieth the fact to have been; declaring with whom he was, with whom he spake, and what they said to him; which, as touching the time, he thinketh was done in the month of June; and his being with the duke of Somerset, to have been the Monday sevennight before the said bishop preached: And the determination of the bishop being such as he intended faithfully to speak of the matters in the papers, after his conscience (as he indeed ought to think of himself in general estimation of his own integrity), he did — and it cannot be to him prejudicial to have been commanded to preach, and therefore he mindeth not to make contradiction, or any state of question therein, although he must presently answer as his conscience telleth him, and so doth in his answer to the said article. ‘The ninth is not sufficiently answered, where you said, If I did omit: and, If I did perchance omit any thing, whereof I can make now none assurance: But if I did omit: If it were true, as I know it not to be: and, If I promised to speak plainly: If I had broken it,’ etc.

    To the ninth, the said bishop saith his answer to that fact (of two years and a half by-past) of so many divers particularities to be by him touched in special, in a sermon, whereunto he came so troubled as in his said answer is declared, cannot be required to be made now more certain than it is made. And in case of omission (as is here objected), which may be by oblivion, and, considering the said bishop’s intent, if it happened, was so, and no otherwise; no man can affirm precisely what he forgat, if it were true he did forget; for he that forgetteth, in that he forgetteth, knoweth it not, [being] forgotten then. And seeing the said bishop determined to speak of all requisite to be spoken of, according as was answered he would, he may then say, If he forgat, it must be by oblivion, and not of purpose. And it is a position uncertain and dangerous for conscience, whereunto the law bindeth no man to answer, to bring the said bishop’s faith in slander, to answer more precisely to the fact, than is already done. Wherefore all the ‘ifs’ that be made in the bishop’s said answer in that article, be to declare the exclusion of contempt and disobedience, if any thing were indeed omitted, as the said bishop knoweth not any to have been, and without prejudice of granting by implication, what ought not to be granted in fact; which was by oblivion, if it were. And therefore, in all law and reason, the said answer as it was first made, is sufficient and reasonable cause by the said bishop now alleged, why none other should now be made or required of him. ‘To the tenth, concerning that you were commanded and inhibited, on the king’s majesty’s behalf, etc. you answer nothing.’

    To the tenth, sufficient answer is made by declaration of the fact as it was; whereupon whether an inhibition and commandment may be grounded and proved, shall appear in the discussion of that letter sent by the duke of Somerset’s grace; which letter the said bishop answereth, in his said answer, to be of no force in his conscience; declaring the reason of the causes why, and more intendeth to declare, by matter specially to be alleged hereafter for the same. And therefore, seeing commandment and inhibition to be terms of law, the force whereof riseth upon estimation of the fact thereupon to be denied, what is commandment and inhibition, as what is none; the said bishop esteemeth himself discharged in law, to tell for answer the mere fact done in that matter — with the sincerity of his conscience, how he esteemed and doth esteem it; and is bound by no law to bring his credit in slander upon a point of law, and either to grant to his prejudice that to be a commandment or inhibition, which, in his conscience, is none, or, by denial, incur danger of slander of his conscience, if others would esteem it a commandment or inhibition; and, therefore, he telleth the fact as it was, of the receipt of the said letter: which letter he is ready to exhibit, as he doth offer in his said answer, for more ample understanding of the said answer. ‘The last hath no answer concerning your submission, reconcilement, and reformation,’ etc. To the last article the said bishop said, that, seeing he denied in his answer all contempt on lns part, he answereth it sufficiently, seeing the cause of reconciliation and reformation, after the judgment of his conscience, failing, the same ought not to be by him offered with prejudice of his innocency, which he is bound to maintain and defend; because, being an honest man, he is somewhat worth to the king his sovereign lord; and having cast his innocency willingly away by the untrue testimony of himself, he is nothing worth to the world nor himself either. As touching ‘submission,’ being an ambiguous word, to justice and mercy, the said bishop would think himself not worthy to live, if he should not submit himself to the king’s majesty’s justice willingly and humbly, which he hath always done, as shall appear hereafter, now doth, and will do during his life. And when, by examination of his cause by justice, the said bishop shall appear in any point faulty, he will humbly submit himself to such punishment as shall be appointed to that fault, if there be any; and, by that means, honor (as his duty is) the king’s majesty and his laws, as every good subject should do. But otherwise, by submission to mercy whereby to imply an offense in himself, whereof the said bishop in his conscience knoweth he is not guilty, and whereof the said bishop is by no order of law convinced, is what the said bishop dare affirm, and is persuaded, the king’s majesty would wittingly require of no man; but will graciously permit every man to be tried and taken as he is. ‘You lack well near (in your answer) to every article and position this clause ‘and otherwise,’ etc. — without which your answer remaineth imperfect and uncertain.’

    Finally, as touching the general clause ‘and otherwise,’ etc., seeing this is a special matter, specially used, and handled in such a special form as the said bishop thinketh was never heard of in a special personage, and in a special time; the said bishop desireth, that among so many specialties he be not bound to such a general clause as no law requireth in special terms; and such a clause as needeth not in this matter, nor can serve to any other use, but to bring the faith of the said bishop in slander, answering as he doth upon his oath: in consideration whereof, seeing the said bishop hath to such articles made answer, as by law be is not bound to answer unto — declaring thereby his desire to have the fact opened and known, uttering for his part as much as his conscience testifieth to be truth, and as much as upon these generalities he can call to remembrance — the said bishop (his protestations in the acts repeated and preserved), desireth his answers may be so by you the judges accepted and taken; considering also the said bishop offereth himself ready, as any other specialty, according to law and equity, shall be asked of him, he will be and is always ready to make such answer as the law bindeth him as afore is always said.

    These his full answers, as he said, being perused and considered by the commissioners, then the promoters alleged, that the bishop had not fully answered to the seventh 41 , eighth, ninth, and nineteenth positions, referring themselves to the same answers and to the law; and therefore, accusing his contumacy in that behalf, did require him to be pronounced “contumax;’ and in pain thereof to be declared ‘pro confesso,’ upon the same, whereunto he had not fully answered; the said bishop, under his said protestations, saying that he had fully answered, referred himself to the said answers: whereupon the judges had assigned him to make full answer to the said positions, in case his answers already made were not full, the next court day; having first declaration made from the said judges, by St.

    John’s day next, wherein it was not fully answered.

    Then the said promoters alleged, that there were certain acts, orders, and other processes concerning that matter, making for the proof of the articles by them ministered in that cause, remaining in the books of the registry of the king’s most honorable council, which they desired might there be exhibited. Whereupon Master Armigil Wade, and Master William Thomas, clerks of the said council, by commandment of the said judges did present two books, being, as they affirmed, originals of the said register, with certain copies extracted therefrom, concerning that matter; and, upon a corporal oath to them proffered by the judges, at the promoters’ request they affirmed the same to be the very true and original books of the said register; and forasmuch as the books contained many, secret matters not to be opened abroad, therefore the said judges, at the request of the promoters, decreed collation to be made between the said originals and copies, by the said clerks, and the foresaid actuaries; and that after collation made, as full faith should be given to the said copies as to the originals, as well as if the said bishop were present at the same collations. After which decree, the said bishop, under his said protestations dissenting to the said exhibition, and protesting of the nullity thereof, and of the exhibits, and alleging the same to be but private writings, and not authentic, nor such whereunto faith sufficient in law ought to be given, nevertheless, without prejudice of his said protestation, consented that collation thereof might be made in his absence, reserving power to him to object against the said exhibits, as far as by the law he might in that behalf do, as if he were personally present at the said collation.

    After this the judges, at the promoters’ request, published the depositions of the witnesses produced by them (the which witnesses, as heretofore I have declared, ye shall read in the twentieth act of this process), the said bishop, under his said protestation dissenting thereunto, and protesting not to take knowledge or understanding of the said depositions, for that he intended to propose a matter justifiedtory, directly contrary to the articles proposed.

    After this the judges, at the promoters’ request, assigned to the said bishop to propose a matter, if he had any, upon Thursday next after the feast of the Epiphany, at the hours and place [specified], the bishop, under his said protestations, dissenting, and asking a copy, as well of the acts, as of the exhibits aforesaid; to whom it was so decreed.

    THE FOURTH SESSION The fourth session or act against the bishop of Winchester was before the aforesaid commissioners, sitting in judgment in the hall of the manor at Lambeth, in the presence of William Say and Thomas Argall notaries, the 8th day of January, anno 1551, upon Thursday, before noon.

    It was assigned to the bishop of Winchester this day and place, to make full answer to the seventh, eighth, ninth, and nineteenth positions, before not fully answered; and also to propose a matter, if he had any to propose; whereupon the said bishop of Winchester, repeating his former protestations, and under the same, and also such protestations as he said were contained in his matter, did then and there exhibit a matter in writing, which he required to be admitted, and a competent term assigned to him to prove the same, to all the effects of the law, and to all intents, purposes, and effects, contained in his said matter, with compulsory process, and other as shall be requisite for him to have, for proof of the said matter: which matter of his being then and there exhibited, though it be long and tedious here to recite, yet, for the further accomplishment of the whole process, we thought here not to omit it; the words whereof are here as followeth.

    A LONG MATTER JUSTIFICATORY, PROPOSED BY THE BISHOP OF WINCHESTER.

    In the name of God, Amen. — Before you, most reverend father in God, Thomas, by the sufferance of God, archbishop of Canterbury, primate of all England, and metropolitan, and one of the king’s majesty’s privy council; Nicholas, bishop of London; Thomas, bishop of Ely, and one of the king’s majesty’s privy council; Henry, bishop of Lincoln; sir William Peter, knight, and one of the principal secretaries of the king’s majesty, and one of his majesty’s privy council; sir James Hales, knight, one of the justices of the King’s bench; John Oliver and Griffith Leyson, doctors of the civil law; Richard Godricke and John Goshold, esquires, commissioners or judges (delegate, as it is pretended), in this behalf deputed, either before you, all and every of you, jointly together, or before some of you, such as in this matter shall happen to proceed, Stephen, by God’s permission bishop of Winehester, — first and before all things protesting not to renounce, forsake, or go from, his appellation lately by him made, from a certain decree of sequestration of the fruits of his bishopric, after a certain sort and manner, given and done by certain of the king’s majesty’s privy council, affirming themselves specially appointed or delegated by the king’s majesty in that behalf; and for other griefs, nullities, and unlawful process (their honors always saved) by them made in that behalf, and under all other protestations heretofore by him before you the said commissioners, or some of you, made in this pretensed matter; the same protestations, all and singular, and all manner of benefits and remedies of the law to him always reserved and saved, which he in no wise intendeth to go from, but to use and firmly and wholly to stand to, adhere to, and abide by; which all and singular protestations he repeateth, and for often and oftener repeated hath and will have them, in all and singular his acts, gifts, purposes, intents, petitions, facts, sayings, and doings, of what manner, kinds, effects, or sorts soever they be, now being made or done, or that in any wise hereafter shall happen to be made or done, against certain pretensed articles, capitules, objections, or interrogatories, lately by the commissioners aforesaid, of their office (as is pretended) necessarily promoted against the said bishop, [but] unlawfully purposed and objected; and against all and singular purposes, effects, matters, causes, and things in the same pretensed articles contained, by all and singular ways, forms, means, and effects, best and most effectual, which he best and most effectually ought to do, or may do, and — to all effects and purposes of the law that may and should follow thereafter — saith, allegeth, and, in this writing, purposeth in law articularly, and also jointly and severally, as hereafter followeth.

    First , That the said articles and contents in the same, be and ought to be by the law, of no efficacy, virtue, strength, value, or effect; nor ought in any wise to be prejudicial or hurtful to the said bishop of Winchester, for the causes and matters severally and respectively deduced, and expressed in this present article, and in other articles in their course hereafter following. And, among other things, because the said bishop hath been always ready, with his best endeavor, diligence, and industry, according to his bounden duty, to publish, declare, and set forth, as well the supremacy, and supreme authority, of the king’s majesty that now is, and of the most noble prince of famous memory, the king’s majesty’s father that dead is, as the abolishing of the usurped power of the bishop of Rome, and setting-forth of all and singular acts, statutes, laws, injunctions, and proclamations, made and ordained in that behalf, and concerning orders of religion in this his majesty’s church of England; and hath had, hitherto, a very circumspect, learned, and diligent chancellor under him, who hath duly executed, and put in execution, the same accordingly: all which things the said bishop, for his own part, hath likewise always justly, duly, and obediently done, kept, observed, and executed, and for the approving, confirming, and stablishing the said supremacy. And of the usurped power of the bishop of Rome aforesaid, he hath not only openly preached, affirmed, and declared the same, in many and divers his sermons (preaching and teaching always due obedience), but also hath made and set forth a certain book or work concerning the same, as by the contents thereof more plainly appeareth, and hath defended the same in the university of Louvain. And these things were and be true, public, notorious, manifest, and famous. [Proponit conjunctim, divisim, et de quolibet.] 2. Item, That the said bishop, being charged with many and sundry commandments, to be by him done, executed, and observed, in our late sovereign lord’s time that dead is, was never found faulty, nor any fault objected and proved against him; but hath always been, and yet is, a true, painful, and just servant and subject in that behalf, and so commonly had been accepted, taken, reputed, and accounted, among the best sort, and with all sorts of persons, of all degrees, being not his adversaries. or enemies. [Proponit ut supra.] 3. Item, That the said bishop hath been always hitherto, and yet is, esteemed, taken, and reputed, a man just of promise, duly observing the same; and hath not been called or troubled heretofore, by any manner of suit or other vexation in any court of this realm, spiritual or temporal, for any such pretense or occasion as is aforesaid, until the time he was sent to the Tower, the morrow after he preached before the king’s majesty, in his manor or palace called the White Hall at Westminster, being the next day immediately following, and the last day of June, which shall he full three years at the same day next coming; and this was and is true, public, notorious, manifest, and famous. 4. Item, The said bishop was in such reputation and estimation of the councillors of our late sovereign lord that dead is, as being one of his majesty’s privy council till his majesty’s death, that he was, by their good contentment, used in council to have the speech in their name to the ambassadors of Scotland, the French king, and the emperor, within fourteen days, or thereabouts, of the death of our late sovereign lord. 5. Item, That the said bishop, for declaration of his zeal and due affection for the preservation of our sovereign lord that now is, his realm and countries, corntanned with the duke of Somerset thereof, when he had first taken upon him to be protector; and, by his commandment, wrote unto the said duke his mind therein divers and sundry times, as the copies of the letters will declare; which the duke seemed to take in good part, and. accepted the same as by his letters may appear, to the which he referreth himself, as much as they make for him and no otherwise. 6. Item, The said duke, in the conference aforesaid, told the said bishop that he would suffer no innovations in religion, during, the king’s majesty’s young age; which made the bishop more bold to write his mind plainly to the said duke. 7. Item, That the said bishop wrote sundry privy letters to my lord archbishop of Canterbury, rehearsing, what dangerous discords and evil opinions might arise; and specially in the end, the utter denial of the very presence of Christ’s most precious body and blood in the sacrament, with fear that the same evil opinion should be brought in, howsoever the said archbishop defended the contrary. 8. Item, That albeit the said bishop labored as much as he might, by his privy letters to the duke of Somerset, my lord archbishop of Canterbury and in the absence of the same duke to the whole privy council of our sovereign lord, to stay innovations, yet, when the bishop perceived he could, do no good therein, he showed himself so much conformable, that all ranovations made and set forth by the king’s majesty’s commandments, laws, proclamations, or injunctions, were obediently, quietly, and conformably set forth, executed, and willed to be observed in his diocese, without omission of any one part thereof, etc. 9. Item , That at the time of the king’s majesty’s visitation, kept and made in the diocese of Winchester, mentioned in the sixth article of the objections aforesaid, likewise before, and somewhat after the same visitation, the said bishop was in the Fleet, at the commandment of certain of the king’s majesty’s privy council, by reason of a letter sent by him upon zeal that he had, according to his bounden duty, to the same council, in that they allowed not the same; and, in his said absence, the king’s majesty’s visitors were, by his proctors there at Winchester, and likewise in all other places of his diocese, by all the subjects of the same, honorably, quietly, and devoutly received, accepted, and admitted; and the injunctions and orders by them published, were likewise received, admitted, and observed, as well on the behalf of the said bishop, as of the subjects of his diocese, for any thing he knoweth, which things were, and be true, public, notorious, manifest, and famous. 10. Item, That the bishop was delivered out of the prison of the Fleet the morrow after the Twelfth 42 day, in the first year of the reign of the king’s majesty, by his majesty’s general pardon, granted in his parliament kept at Westminster the same year. 11. Item, That about thirteen or fourteen days after the delivery of the said bishop out of the Fleet as is aforesaid, he was committed to prison to his own house in Southwark, for not subscribing to a certain form of articles or doctrine of justification, whereof was no law or lawful determination made; out of which trouble the said bishop was delivered the first Monday in Lent then next following, with thanks from the said duke of Somerset. 12. Item, That albeit the said bishop was committed to his house, as is aforesaid, for his prison, yet afterwards (to wit in the month of February the next following), his answers made to the said articles of justification, were received and admitted by my lord of Somerset; and the said bishop thereupon delivered and discharged thereof, with thanks; and, so discharged, went down to Winchester, as a person delivered from all trouble or travail of business. And this is true, public, notorious, manifest, and famous. 13. Item, The same bishop, within a small time after, first gently required by letters of the duke of Somerset to surrender a college which he yet had and enjoyed in the university of Cambridge, because upon good considerations he refused so to do, was more sharply written unto, in such terms as might declare the displeasure of the said duke, the considerations of the said bishop being nevertheless such in that matter, as the lower house of parliament, kept at Westminster by our sovereign lord’s authority that now is, the second year of his most gracious reign, upon their wisdoms, without any suit of the said bishop, being then in prison in the Tower of London, refused and rejected a bill conceived for the abolishing of the said college, and to be converted into another use, as the duke intended. 14. Item, That the said bishop, after his delivery out of travail, in the month of February, in the second year of our sovereign lord’s reign then being, did, in a sermon made at Farnham, in the way to Winchester, being resident there, exhort the people to obedience in this form; to confirm their wills in the exercise and ceremonies of religion to the superior’s order, and to think that best which they appointed to be done and used, wherein they should show their humility and judgment. 15. Item, The said bishop preached one special sermon at Winchester, the month of April or May in the second year of our sovereign lord’s reign that now is, teaching all the life of a christian man to consist verily in suffering, which was properly when he followed the will of another; in example whereof Christ, said he, came to do the will of his Father; and we must do God’s will, who willeth us to obey the superiors; wherein we must either do the will of the superiors, and suffer that, or suffer willingly the power of the superior to punish us. 16. Item, That the said bishop, receiving letters from the king’s majesty’s council in the month of May, in the second year of his majesty’s reign, to come before them for declaration of his willing obedience in all points, came from Winchester in a horse-litter to London, and so to the council, when he could not ride for disease in his body. And this was and is true, public, notorious, manifest, and famous. 17. Item, Incontinently after the coming of the said bishop to London as aforesaid, he appeared before the said council, and answered to such matter as was objected against him, in such wise as it was then accepted by the council, to his judgment. The said bishop, being required of the same council to tarry and not depart home, showed himself ready to do so, alleging, nevertheless, that he ought not to tarry as an offender, because he was none; and, for the declarance thereof, desired flint he might borrow of them some house in the country to resort thereunto for his commodity. 18. Item, That whereas in the month of June, in the second year of our sovereign lord’s reign, Master Cecil repaired to the said bishop, then at his house in Southwark, from the said duke, to move him to preach and give his sermon in writing, the said bishop, granting to preach, refused to give his sermon in writing, because that were to preach like an offender; whereas the said bishop had not indeed offended. And in that sort, like no offender, had a little before departed from the council, as is before declared. 19. Item, When the said Master Cecil had opened the said duke of Somerset’s pleasure after the sort aforesaid concerning preaching, the said bishop said, he would repair to the same duke of Somerset to make answer himself, and to declare him his mind therein. And because the said duke would not suffer the said bishop then to come to him, the same bishop was fain to send his answer to the duke by his chaplain. 20. Item, That after the said bishop had offered himself, by answer made by his chaplain, contented to preach, the said duke of Somerset sent articles to the said bishop by Master Cecil, first after one sort, single; and afterwards, in another sort, termed, as it liked the divisor, not so circumspectly, advisedly, and effectuously, as the matters thereof required; as may appear by the same which the said Master Cecil would have had the said bishop to rehearse in his sermon word by word, like a lesson made for a child to learn; which the said bishop refused to do. 21. Item, The bishop, seeing he was no offender in any point of those articles delivered him by Master Cecil, thought himself (and so alleged then) not to be used according to justice, to be of the duke so specially and precisely required to speak of these matters after that manner; whereby the said bishop should have partly touched and hurt his own innocence therein, as by the matters and contents of the same articles, and otherwise, if need be, more evidently may and shall appear. 22. Item, That thereupon, sir Thomas Smith, then one of the king’s majesty’s secretaries, or some other, procured a consultation of men learned in the ecclesiastical laws, what a bishop might command, and what the bishop of Rome might command; that by the same consultation the said bishop might be enforced to rehearse in his sermon the said articles devised by others, as his own, and of his own conscience. 23. Item, That the said bishop, being sent for to the said duke, then being at the king’s palace in Westminster, the Monday sevennight before he preached (which preaching was on St. Peter’s day, viz. the 29th of June then next following), for just and lawful causes, and according as he ought to do in that case, refused to preach the said articles as they were then penned or conceived. 24. Item, At the same time the said duke showed unto the said bishop the consultation made of the learned men, to whom the said bishop answered, that if he might speak with those learned men, it should shortly appear that consultation not to touch his case. Whereunto the said duke answered, the said bishop should speak with no learned men, but only have time of deliberation thereupon between that time, and the afternoon of the same day. 25. Item, The said bishop was then, by secret way, conveyed by the lord great master then being, to the said lord great master’s chamber, and there offered to dine alone, like a man restrained and threatened to suffer further trouble. 26. Item, After dinner, the same time, came to the said bishop sir Thomas Smith secretary aforesaid, to reason with the said bishop in that matter; which Master Smith then defended not the manner of speaking of those matters contained in the aforesaid articles to be required of the said bishop, but only of those things there contained. 27. Item, That upon the communication had between the said bishop and sir Thomas Smith, the said bishop was brought to the said duke’s private chamber, and there much familiarity showed by the said duke, and a friendly departure between them; at which time the said duke said, he would require the bishop no writing of his sermon before he made it, but remitted all to the said bishop, so he would speak of those matters contained in the articles or papers delivered unto him by Master Cecil, as aforesaid, 108 except the king’s majesty’s minority whereof neither was nor is any mention made, as by the contents thereof may appear. Whereunto the said bishop said, he would touch the substantial points thereof, and not speak of St. Clement’s nor St.

    Nicholas’s going about, nor such small children’s toys, being gone and forgotten; and said merrily, ‘the people would call him a babbler of ceremonies when they were now gone;’ but, of the chief matters of the said articles, he would speak, and of other matters also: and therewith departed without coming to the presence of the council, and without any other commandment than like as was before broughtby Master Cecil from the said duke: and ended, and departed in this familiarity and friendly agreement. 28. Item, That the said bishop reasoned with sir Thomas Smith, then secretary, touching the preaching of the said articles or papers in this wise in effect: If it be intended by this sermon (meaning the sermon aforesaid, to be made before the king’s majesty at Westminster), to defame him the same bishop, that, to keep himself out of trouble and displeasure and to redeem him some secret faults, he speaketh so that all men may know that he meaneth it not, then it may serve to such purpose, to have those articles or papers rehearsed in his sermon. But, if it be intended to have the sermon made for edification, and to have the same bishop thoroughly known, what he thinketh of the state of the church and of the innovations made, it were more expedient to have the said bishop preach of himself; and so should he be known what he were. The said bishop adding, that if he thought not to agree with the council in the speaking of these matters, he had rather begin the contention within, secretly, than in the pulpit. Upon which reasons proceeded the friendly resolution, and the said bishop was left to speak of those matters at liberty as before. 29. Item, That the said bishop, at his repair to his house, showed divers of his chaplains and others the resolution aforesaid, with his determination to speak of such matters (specially the chief of them) so as they ought to be satisfied; and likewise after the sermon aforesaid made account with them, that he had accordingly done in such wise as no man ought to be offended. 30. Item, That in the papers or articles aforesaid, delivered as is above specified to the said bishop by Master Cecil, there is mention of the mass and of the sacrament of the altar to be specially named and spoken of in his sermon; whereby the said bishop esteemed then, and yet doth esteem himself bound to show the catholic faith and true doctrine of them, which some unlearned persons did then (contrary to the king’s majesty’s proclamations and injunctions) impugn. 31. Item, The Wednesday at afternoon next and immediately before the said bishop preached his sermon, which was the Friday then next following, when the said bishop was fully provided what to say in his said sermon, and in what order; the said duke of Somerset sent, by the same Master Cecil, to the said bishop, his private advice not to speak in his sermon of any doubtful matters of the sacrament and the mass.

    Whereunto the said bishop answered, he would utter the true catholic faith that hath no doubt; and advised the said duke not to meddle with matters of religion, but to refer it to bishops and to others that could or should understand it: the said bishop expressly declaring, that he must and would utter the catholic faith, if he were suffered to come to that place. 32. Item, That the Thursday, viz. the next morrow then following, between three and four of the clock at afternoon, or thereabouts, was delivered unto the said bishop a letter from the said duke, dated at his house at Sion, subscribed with his own hand only, and without mention of any advice of the king’s majesty’s council, but only of his own pleasure, with commandment in words of maintenance thereof, on the king’s majesty’s behalf, in such manner and sort handled and conveyed, that they ought not to be credited, obeyed, or regarded, but to be bewailed to proceed from one in that estate and degree in the commonwealth; for which respect indeed he vexed the said bishop, who, having no leisure convenient to write or send to the duke, was much troubled how to avoid what was seemed meant by pretense of that letter, being an interruption of the order of such matter as the said bishop had determined to have uttered in that sermon; and the chief care of the said bishop was how to utter the catholic faith of the sacrament of the altar, which might not be omitted, and yet so as the words of the letter (although it were of no force) might be avoided, for the avoiding of all quarrel and contention. 33. Item, That the said bishop, to the intent he might, in that short time, more conveniently devise how to escape without all manner of quarrels, from the time of the receipt of that letter forgat to refresh his body, and did neither eat, drink, nor sleep, till the next day at five o’clock at afternoon, when his sermon was done; and only travailed in mind how to bring in and order what he should utter; all the said bishop’s preparation being interrupted by this advice and letter, delayed, as appeareth of purpose, to so short time before the bishop should preach; which duke knew well the said bishop might, and supposed he would speak, of the sacrament and mass, or else not indeed to have sent his advice in that behalf. 34. Item, That the said bishop (appointed to preach on St. Peter’s day then next following, being the 19th of June aforesaid), in his sermon preaching did declare, set forth, and touch, the effect of all such things, points, articles, and matters, delivered to him by Master Cecil, as by the contents of the same, and other persons of sufficient credit, being present at his sermon aforesaid, and hearing and noting the same, shall more plainly appear. 35. Item, That the said bishop, because he would be well assured to foresee the satisfaction of the agreement aforesaid, that was made as is before specified, touching the matters in the papers or articles, that nothing might be imputed, determined to utter in his sermon, and did there utter, this general clause, or like in effect, viz., ‘that he agreed with the superiors, and found no fault with them, but only the fault was in the lower part, touching their disobedience;’ and there reproved them that brake statutes, injunctions, and proclamations, which general allowance must needs (and doth indeed) comprehend all particularities mentioned in the papers or articles, whereof the bishop was, as before, content and minded to speak. 36. Item, That in the month of June aforesaid, in the which the said bishop first appointed to make his sermon, and received the articles or papers of Master Cecil, and then made his sermon, as is above written, the said bishop, only and at one time, and no more at any time within the said month, did appear, and was personally before the king’s majesty’s privy council, except only one other time he was before the duke of Somerset, and the lord great master as is before rehearsed, and not before the whale council: at which time he was neither willed nor commanded to preach, nor had any articles or papers delivered him, either by the king’s majesty, or by the said privy council, otherwise than afore; as by such persons as were always with him present during that time, shall more plainly appear, if need require. 37. Item, If, in the said letter of the duke of Somerset, any restraint was seemed to be made to the said bishop from entreating of some points of the sacrament of the altar and of the mass, the bishop did indeed refrain from the same points as they were devised in the said letters. And yet he was not bound to obey the same, in any wise, for divers considerations as well before specified, as also among other causes, for that the said letter was the private letter of the said duke only, and had not the subscription of the greater part of the king’s majesty’s privy council, or of any of them; and for that the same letter, if they should apply an absolute prohibition, as they did not, was expressly contrary and repugnant, as well to the former articles or papers, as to a letter printed and sent to all preachers, in the name of the lord protector and the whole council’s names; whereof was no mention made in the said letter. And in case the said letter had been to be obeyed, yet the said bishop did not violate the tenor thereof, because it willed him only to forbear speaking of such points of the sacrament and mass, as were in contention then. But the very presence of Christ’s body in the sacrament and mass was not then, amongst learned men, in any controversy, but, as a true doctrine, received, admitted, published and taught universally, by the obedient subjects in this realm; of which the bishop, in his said sermon, spake and uttered his conscience, and of no matters then in controversy, as by the articles or papers, and by the letter and other proofs (if need be) hereafter more plainly may and shall appear. 38. Item, The said bishop was in such security of mind, upon the clearness of his conscience to have so preached as no quarrel might have been made to him for it (and like mind and opinion was and is reported commonly, of all indifferent persons hearing the same sermon), so that the said bishop suspected not any trouble towards him there-for, till it was showed him sir Anthony Wingfield, with the guard, were arrived at the bishop’s stairs, the Saturday about three or four of the clock at afternoon, being the next day following the sermon aforesaid. 39. Item, At such time as sir Ralph Sadler, accompanying the said sir Anthony Wingfield, showed the said bishop the cause of his sending to the Tower to be disobedience against the letter above spoken of, sent by the said duke; the said bishop alleged he had not offended the words of the letter; and therewith did friendly advise the said duke never to speak of that letter again. And further, the said bishop said, if he might be heard, he would declare he had not offended: wherein he desired them to be suitors, that he might not be forgotten in prison, as he was in the Fleet, but heard with more speed, and be charitably handled in the prison; wherein they promised to be suitors. 40. Item, The said bishop, so from his house conveyed to the Tower, was there kept a secret prisoner, without suffering of any resort to him for his comfort, or himself to come abroad, to take there the air for his relief, one whole year saving six days, or thereabouts; without coming of any of the council or others to talk with him, and declare any particularity of his offense, to have omitted in his sermon, or to have said that, which might not or should not have been said. 41. Item, The said bishop, having only commodity (after his committing to prison to the Tower by the space of one whole year lacking but six days) to speak only with Master lieutenant, continually desired him to sue for the said bishop, that he might have license to write to the said duke of Somerset; which, in one quarter of the year, could not be obtained. 42. Item, That after license obtained to write, the said bishop made humble suit, by his letter, to be heard according to justice; offering himself content to abide that justice would; as may appear by copy of the said letter: whereunto could be obtained no answer. 43. Item, That after eighteen weeks’ imprisonment, the said bishop, to provoke the said duke to hear him speak, delivered to Master lieutenant the said [letter] following, to be delivered to the said duke in this form contained. ‘The bishop of Winchester maketh most instant suit, to have the benefit of the laws of the realm, like an Englishman; and not to be cast in prison without bail or mainprize, without accusation or indictment, without calling to any presence to be charged with any thing; and so to remain these eighteen weeks, and could have no relief to know what is meant with him. As for his sermon, he made it by commandment to preach there; wherein he said nothing but his conscience serveth him to justify his doings therein by God’s law, and the laws of the realm, the king’s proclamation, the king’s commandment, my lord protector’s open letters; and not against his privy letters, the surety of the king’s estate — the quietness of this realm — the discharge of his duty to the king’s majesty — the remembrance of the kindness of the king’s majesty that dead is — the declaration truly to be made of himself, in each of these points. ‘I doubt not to justify my doings if I may be heard, and have the inheritance of an Englishman, to be used by course of law.’ — [Which suit, nevertheless, was not heard or regarded.] 44. Item, The said bishop, complaining divers and sundry times to Master lieutenant of the precise straitness of his keeping, and, without judgment, to be in execution of death, desired him to sue, that he might be heard in justice, and be punished according to the nature of his offense as it were, and not remain in the great temptation of solitariness, able (were it not God’s special help) to make a man work with man’s imaginations the confusion of his wits; showing Master lieutenant, that to the king’s justice and laws he submitted himself as humbly as any subject might do. 45. Item, That in this mean time, the servants of the said bishop made sundry suits to the said duke for the relief of their master, to be heard according to justice; of whom they received comfortable words without fruit or effect. Whereupon they delivered also a bill to the lord chancellor, to be by him opened in parliament, that the said bishop’s cause might be heard there, whiek took no effect, so as (their manifold suits notwithstanding) the said bishop remained in close prison, destitute of all comfort and relief, and without hearing any word from the said duke or council, till it was within six or seven days (or thereabouts) of one whole year. 46. Item, That in the end of one whole year, or thereabouts, after the bishop had remained prisoner (as before) came to the Tower the lord chancellor of England then and now being, the lord treasurer, and Master secretary Peter; and, calling to them the said bishop, said in effect as followeth, viz.: That they had brought with them a book passed by the parliament, which they willed the bishop should look on, and say his mind to it; and, upon his conformity in it (they said), the duke would be a suitor to the king’s majesty, for mercy to be ministered unto him. 47. Item, The said bishop, making his answer to the demands and requests as here next before him proposed, said in effect as followeth:

    That he trusted, if he might be heard, the king’s majesty’s justice would relieve him, which (he added) he had long sued for, and could not be heard: saying that to sue for mercy, when he had not offended, and to sue out of that place, being in the said Tower in prison, where asking for mercy implieth further suspicion than he would, for all the world, be touched in, it were not expedient; adding, that ‘not guilty’ is, and hath been, a good plea for a prisoner. 48. Item, The said bishop — then being demanded of the said lord chancellor, if he were not commanded to preach of the king’s authority in his young age, in his sermon aforesaid, made before the king on St.

    Peter’s day, and yet did not — did expressly say, he was not commanded; the same lord then replying thereunto, ‘Why! is not,’ quoth he, ‘that article in the papers ye had delivered you?’ the said bishop saying, for answer thereunto, that he assured him not; and so likewise denied the same. 49. Item, Then, after communication between the said lord chancellor and others there then present as is aforesaid, of the king’s majesty’s authority (wherein there was no disagreement, but therein they agreed), then my lord chancellor said to the bishop, he had disobeyed the duke of Somerset’s letter; the bishop saying, that he had not — adding, that if the matter came to judgment, it should appear that he had not disobeyed his grace’s letter. The same bishop, declaring further, told the same lord chancellor, that many open injunctions under seal, and in open court, had been broken in this realm; and yet the punishment thereof had not been handled or executed in such extreme sort as the said bishop was handled: and the said bishop affirmed, that it should appear sufficiently, that he had not broken or disobeyed the said letter, weighing the words of the same. 50. Item, That after some reasoning then by the bishop, with Master secretary Peter, what a controversy was, and some part what the same bishop could say further, the said bishop said to the lord chancellor and others aforesaid then present, ‘Whatsoever I say or can say in this matter, ye must judge it; and, for the passion of God, do it; and let me sue for mercy, if I will have it, when the matter of offense is known:’ adding, that when he were declared an offender, he would, with humility of suffering, make amends to the king’s majesty so far as he were able; saying that he ought never to offend his majesty, and much less in his grace’s young age. 51. Item, That then the said lord chancellor showed to the bishop the beginning of the Act for Common Prayer; how dangerous it was to break the order of it: to whom the bishop answered, that it was true; and therefore, if he came abroad, he would be well ware of it. But the bishop said, it is after, in the act, how that no man should be troubled for that act, unless he were first indicted; and therefore, he said, he ought not to be kept in prison for that act. 52. Item, That done, the said lord chancellor, with the others aforesaid, required the said bishop to look on the Book of Common Prayer then showed him by the lord chancellor, and to say his mind in it. The bishop answered, that he thought it not meet to yield himself a scholar to go to school in prison; and then slander himself, as though he redeemed his faults with his conscience: saying, touching this law (meaning the law and orders in that book, or concerning the same), which he said he knew not, he would honor it like an obedient subject, and, if he kept it not, he would willingly suffer the pain of it. 53. Item, At the same time the said bishop required my lord chancellor, and others aforesaid then present with him in the Tower, to remember that he, the said bishop, refused not the said book by the way of contempt, nor in any evil manner. 54. Item, The said bishop then demanded of my lord chancellor, Whether he would desire the king’s majesty to be his good lord: at which word the said bishop said in effect as followeth, namely: ‘Alas, my lord! do you think that I have so forgotten myself? ’, affirming that his duty required so to do. ‘And I will, on my knees, desire his grace to be my good lord and my lord protector also.’ My lord chancellor — being as appeared well contented with that answer — demanded of the bishop, what he would say further: the same bishop saying, that he would say further, that he thought, when he had preached his sermon aforesaid, he had not offended at all; and that he thought so still. 55. Item, That the said lord chancellor, repeating the bishop’s saying of his humble obedience and conformity aforesaid, demanded of the bishop, if he would submit himself to be ordered. The bishop granting that he would be content to be ordered by the laws, and staying at that point, the said lord chancellor, and others aforesaid, were content to grant the bishop, of their gentleness, to make suit for him, to procure him to be heard, and to obtain for him liberty to go into the gallery, and that he should hear from them within two days following: and yet, in a whole year after, lacking but fourteen days or thereabouts, the said bishop was never spoken withal concerning that matter, notwithstanding he sent two letters, whereof mention is made in the next article following, to the king’s majesty’s council, of most humble request to be heard in that matter according to justice, whereunto he obtained no answer. 56. Item, After committing the said duke to the Tower, the said bishop wrote in two sundry letters to the whole council, with lamentable complaint of his misery, and humble request to be heard according to justice; whereunto he received no answer. 57. Item, After the said bishop had remained in close prison two whole years saving fourteen days or thereabouts, came to the Tower the duke of Somerset, the lord treasurer, the lord privy seal, the lord great chamberlain, and master secretary Peter, and called before them the said bishop, unto whom they said, that they came specially sent to know his conformity: unto whom the said bishop said, he was ever ready to show as much conformity as ever any subject did, which was, to be contented to be ordered by justice, whereunto he submitted himself, and had long sued for it; and desired them, for the passion of God, that he might come to some end of this matter by it, much lamenting unto them the manner of his long detaining in prison, and after that sort, and never could be heard. It was then said, he should not do well to stick so much to the demand of justice, thereby to make the whole council party against him. And after many persuasions to rid himself out of prison other ways, as others had done, he ever answered, there could nothing, in his mind, countervail the displeasure [he should feel, in] saying otherwise than truth of himself. And after many more words it was moved to him, to let all be forgotten that was by-past, and to show them what report they should make of him to the king’s majesty. 58. Item, The said bishop, being demanded how they should make report as is aforesaid, said, as to the king’s majesty, he professed himself an humble and obedient subject, always ready to his duty, to observe all such things as were set forth in his commonwealth; or, if he did not, to suffer the pains appointed to be suffered by the offender. 59. Item, That the sayings of the said bishop should be reported as is aforesaid, was well liked; but they asked him then, whether he would agree to the Book of Common Prayer or no; whereunto he said, ‘he knew it not; but, as soon as he was out of prison, he would, incontinent, show what he thought therein; and, if he liked it, not yield himself willingly to be punished. 60. Item, It was then required, that the said bishop should give answer in prison to the said book: whereunto he said, that in so doing he should slander himself, and be seen to grant for fear, what else he would not; and it should somewhat touch them to be seen, by weariness of prison, to fear him to it. To this reason the duke of Somerset replied thus in effect, namely: ‘If it be worse for the council to have your agreement in prison than out of prison — if the council choose the worse — be you contented.’ And therewith he required the bishop, for his sake, to show so much conformity as to remit it to the council, whether they would have answer in prison, or at the said bishop’s house: whereunto the said bishop condescended. 61. Item, That at the same time there was much other communication, and that it ended in this resolution; with as much gentleness showed on their part to the said bishop, as he could desire. 62. Item, Over the premises, the bishop was bold to tell them, it was a marvellous matter to keep one in such close prison solitary two years — as the said bishop was kept — and then to ask him of a fault; unless it were for murder, felony, or treason. And the said bishop said, it was such a new diet, it would purge a man, even though he had as many other faults than those three, as Job had sores. And so, for that time, the said bishop parted with them. 63. Item, The Saturday following, they repaired to the Tower again, and the lord Chobham with them, and demanded the answer of the said bishop to the book of Common Prayer, which had been sent to the said bishop in the mean season from them: unto whom the said bishop answered in this wise — That book he would not have made after that form, but, as it was, he could with his conscience keep it, and cause others in his diocese to keep it, and diligently see that it should be kept, and the offenders punished. Which answer was well accepted, and the said bishop required to write it; which he desired they would not require of him, because, by so doing, he should seem to grant himself an offender. It was then asked, whether master secretary Peter should write it; wherewith the said bishop was content; who then wrote very faithfully. And then the word was scanned, whether ‘to keep it’ contained every part of it: to take away which doubt, the said bishop was content they should put in, ‘every part of it,’ because he meant so; and theft he would not halt or fail in any part of it that he should promise. 64. Item, The said bishop was required to subscribe what was written; who made request to pardon him thereof, and desired them not to require that which would serve them to no purpose, and yet imply him to be an offender: wherewith they were content. The said bishop then told them why he liked the said book, and noted unto them how, notwithstanding the alteration, yet touching the truth of the very presence of Christ’s most precious body and blood in the sacrament, there was as much spoken in that book as might be desired; and that although the elevation was taken away, yet the alteration, in one special place, was indeed reserved: and showed it them, adding, it must needs be so; affirming also, there was never more spoken for the sacrament than in that book, wherewith might be confuted all that spoke against it, if they would take it for authority. 65. Item, Further the said bishop showed them how he liked the declaration of the cause of the change, in the end of the book; whereby appeared the catholic doctrine not to be touched, but only ceremonies removed; which, the said bishop said, was wisely handled. 66. Item, After the aforesaid communication, the duke of Somerset said, ‘There is another book for making of priests. What say you to that?’ Whereunto the bishop, pulling it out of his bosom, said, it was no matter by their former appointment to be answered in prison: and trusted it not in any force of any law, neither thought it a matter necessary for them that had inheritance to look on, because, in the said bishop’s judgment, it touched the honor and dignity of the king’s person and succession, who, by this order, should never after be anointed, having no Samuel left to execute it; ‘and it is a terrible saying, Cessabit unctio vestra; and the book of Common Prayer admitteth unction with baptism, which the priest, not anointed, cannot minister.’

    Whereunto was no reply made, but it was said, that the said bishop should find other faults than that in it. As for that, the bishop said there was matter like all other points of other laws, which either must be kept and observed, or the punishment appointed to be suffered for breach of them: after which sort the said bishop desired he might be admitted to live without any other specialty in his person, but to be taken as another bishop of the realm. 67. Item, When the same bishop saw, that notwithstanding his answer made, and conformity showed as much as was required, and that nevertheless they did not discharge him, then he returned to his former request of justice, to be so discharged by the end thereof: whereunto the lord great chamberlain said, he liked better the saying of the said bishop at their other being there, of the new duty. The bishop said, every end were better to him, than to be thus worn out with lingering in prison: and then it was said, it should not be long now; even within two days. The bishop desired they would send him home that night; whereunto was said, they must speak with the council again, ‘and things must be done as they may be done, and in order:’ whereunto the said bishop, taking his leave, said, there were more respects than were in his time, in the council; and so ended the communication with the said duke and others. 68. Item, That by reason of the communication, agreement, and conformity aforesaid, a common voice, fame, and report, went and was sped through the Tower, the city of London, and the suburbs of the same, and divers other places near to the said city — that the said bishop should, within two days, be at liberty. And upon the said conformity and agreement, the bishop was suffered, by the lieutenant, to make his farewell feast, according as is, and hath been, used and observed there, when any personage of dignity, that hath there remained prisoner any continuance of time (as the bishop had done), is discharged, or granted to be delivered from prison; and by reason of the agreement, and other considerations aforesaid, the bishop only hearkened from day to day for commandment to be discharged of his imprisonment. 69. Item, That three weeks or a month after, or thereabouts, came to the Tower the lord treasurer, the earl of Warwick lord great master, William Hatbert, and master secretary Peter, who, calling to them the said bishop, delivered to him the king’s majesty’s letters, which letters the said bishop received at the hands of the said lord treasurer On his knees, according to his bounden duty and kissed them; and, still on his knees, read them. And after he had thoroughly read them, he much lamented that he should be commanded to say of himself as was there written, whereby to say otherwise of himself than his conscience would suffer him; and, where his deeds would not, as he trusted, condemn him, there to condemn himself with his tongue, he would sooner, he said, by commandment (as he then thought), if they would bid him, tumble himself desperately into the Thames. 70. Item, The lord earl of Warwick then, seeing the bishop in that agony, said to the bishop, ‘What say you, my lord, to the other articles?’ Whereunto the bishop answered, that he was loth to disobey where he might obey, and not hurt his conscience, destroying the comfort of it, as to say untruly of himself. And then, being demanded of the said earl if he would subscribe the other articles, the bishop said, he would subscribe them; but then the article that touched him and his conscience, which was to say untruly of himself, should be put out.

    And to that, answer was made, that the same needed not to be put out, for he might write on the side, what he would say unto it. 71. Item, That then the said bishop, being then very gently entertained, namely of the said earl of Warwick, had pen and ink given him, and wrote, to the article that touched him, these words in effect, namely, ‘I cannot with my conscience thus say of myself.’ And there followed an article of the king’s majesty’s supremacy, unto which the bishop began to write on the side of that, and had made an ‘I’ onward, as may appear by the same articles. And because the lords and others of the privy council aforesaid would not have him so do, but to write only his name after the articles, he did so as they willed him, whereat they were right well contented and pleased: the said bishop then merrily saying to them. that by that mean, he had placed his subscription above them all. 72. Item, This done, the said lords and others aforesaid, very gently entertained the said bishop; and after the said bishop had somewhat declared unto them the misery of his imprisonment, he desired them not to be miscontent with what he should say, which was, he said, that when he remembered each one of them alone, he could not think otherwise of them, but they were his good lords; and yet, when they met together, he felt no remedy at their hands; adding, that he looked when my lord of Somerset was there with him at the Tower, to go out with him in two days, and that he had thereupon made his fare well feast in the Tower, and that since that time there was a month past, or thereabouts; saying, ‘I had agreed with them, and now I agree with you [meaning the lords and other of the privy council aforesaid, then, as is aforesaid, being with him in the Tower’]; and yet I may fortune to be forgotten. The lord treasurer said, he should not be forgotten, and that the same bishop should hear from them the next day. And so, by their commandment, the bishop came out of the chamber after them, that they might be seen to depart from the bishop friendly, and his good lords and friends. And so, after that manner they departed; whereby, and by other the premises, it may appear of no contempt or disobedience of the said bishop’s part, as is pretended in the articles laid in the behalf against him; insomuch that then the bishop (by reason of his subscription aforesaid, according to the requests made to him therein, and for other his conformity) took and esteemed verily in his conscience, to have been a whole satisfaction, to the king’s majesty’s letters. 73. Item, That at the same time, among other treaties and communication had betwixt the said lords and others of the council, and the bishop, it was said by some of the same council, that others would have put in many more articles than those which they brought with them, but they would have no more but the same articles aforesaid, which were, by the said bishop, subscribed as is above rehearsed. 74. Item, The next day after the being in the Tower (as is aforesaid) of the lord treasurer, the earl of Warwick, and others, — came unto the bishop aforesaid, sir William Hatbert and master secretary Peter, to devise with him, how he should make some acknowledging of his fault (as they said). Whereunto the bishop answered, that he knew himself innocent, and for him to do anything therein by his words or writing, it could have no policy in it; for, if he did more esteem liberty of body, than defamation of himself, he said — yet, when he had so done with them, he was not assured by them to come out, for and he were, by his own pen, made a naughty man, yet then he were not the more sure to come out, but had locked himself the more surely in; and a small pleasure it were for him, to have his body at liberty by their procurement, and to have his conscience in a perpetual prison by his own act. And after divers other words and persuasions made by the said sir William Hatbert and sir William Peter, the said bishop, having just cause, required them for the passion of God, that his matter might take an end by justice; and so they departed, there being no contempt or disobedience showed on the behalf of the said bishop, but only allegation for his just defense, and declaration of his innocency, in the best manner he could devise. 75. Item, That the Monday next and immediately following, or thereabouts, came to the said bishop, to the Tower, the bishop of London, sir William Harbert, master secretary Peter, and one other person unknown to the bishop, bringing with them a paper, with certain articles written in it, to which they required him to subsbribe.

    Whereupon the said bishop most instantly required them, that this matter might be tried by justice, which, although it were some time more grievous, yet it hath a commodity with it, that it endeth certainly the matter. And because he could come to no assured state, he was loth to meddle with any more articles, or trouble himself with them; and yet, because they desired him so instantly, he was content to read them: and so did read them, and (to show still his perfect obedience and obedient mind) offered, that incontinently upon his deliverance out of prison, he would make answer to them all, such as he would abide by, and suffer pain for if he deserved it. Finally, his request was, that they would in this form make his answer to the lords of the council in effect as followeth; namely, That the said bishop most humbly thanketh them for their good will to deliver him by way of mercy; but, because of respect for his innocent conscience, he had rather have justice. He desired them (seeing both were in the king’s majesty’s hands), that he might have it, which, if it happened to be more grievous unto him, he would impute it to himself, and evermore thank them for their good will. And so the bishop and they departed, no manner of misbehavior or evil demeanor in anywise showed on behalf of the said bishop. 76. Item , That upon a Saturday at afternoon, being the 19th day of July last past, at the time of even-song, in the chapel at the court in Westminster, the said bishop being before the lords of the king’s majesty’s privy council, the said lords affirmed, They were all his judges by special commission, and intended to proceed against him: and willed him to subscribe to certain articles which were then read, and that he should directly make answer, whether he would subscribe them or no. To whom the bishop, making humble answer on his knees, said as in effect followeth; namely, ‘For the passion of God I require you to be my good lords, and let me be tried by justice, whether I be in fault or no; and as for these articles, as soon as you deliver me to liberty, I will make answer to them, and abide such pain as the answer deserveth, if it deserve any. 77. Item, That, immediately, the lords of the council aforesaid said to the bishop, that he must answer directly, whether he would subscribe the aforesaid articles or no: the bishop answering to the same in effect as followeth; namely, That the same articles were of divers natures, and that some of them were laws which he might not qualify; some were no laws, but learning and fact, which might have divers understandings, and that a subscription to them without telling and declaring what he meant, were over dangerous; and, therefore, he required a copy of the said articles, and offered, for the more evident declaration of his obedience to all their requests — in effect — that, although he were a prisoner, and not at liberty, yet, if they would deliver him the articles, to have in prison with him, he would shortly make them particular answers, and suffer the pains of the law, that by his answer he should incur, if the same were worthy of any pain. And after this manner he eftsoons offered himself ready to make answer, with all conformity and obedience of his part; which would not be accepted, but that in anywise he should make his absolute subscription incontinently to the said articles, as by the acts and process there then written (to which he referred himself, as much as is need and expedient for him, and none otherwise), and by other proofs, should appear. 78. Item, If any decree of sequestration of the fruits of the bishopric of Winchester was, at the time aforesaid, made by the forenamed councillors of the king’s majesty’s privy council, specially appointed by commission for that purpose, as they pretended, the same sequestration, and all things containing the same — for the causes above respectfully specified, and because therein they exceeded the manner of correction, and other the premises considered, and that the same their pretensed decree was notoriously in that behalf excessive; specially other great and intolerable punishments aforesaid unjustly weighed, and also, in that it was made without knowledge of the cause, and the due order of the laws pretermitted without any cause reasonable, and contrary to the laws, without any proof in that behalf made or had; the said bishop neither confessing any thing whereby they might or ought so to proceed, nor being in anywise thereupon convicted, — was and is (the honor, dignity, and reverence of the said most honorable council always saved) unjust, unlawful, and of no efficacy or effect; and so, by law, ought to be pronounced, taken, and declared. 79. Item, That if in any part of the pretended decree of sequestration — at the time thereof, or immediately after — there were any intimation or monition with commination made to the bishop aforesaid, that he should, within three months next following the said intimation, reconcile and submit himself, with commination to proceed to deprivation if he did not, and that now the same three months be past and expired, as is untruly deduced in the seventeenth and eighteenth articles of the objections aforesaid, yet the same intimation, monition, and commination, for the cause above specified, was and is unjust, unlawful, and, by the law, of no value or efficacy; and also, over and besides the causes aforesaid, in that the said pretensed intimation, monition, and commination, were given and made under manner, form, condition, and effect following, namely, that the bishop, by the space of three months then next ensuing, should have, at every month’s end, pen and ink, to write and see if he would subscribe the said articles; and, of truth, never since that time was there, to that intent and purpose, any pen and ink brought him, neither yet were the said articles or any copy of them delivered to the said bishop, being since continually still in the Tower, nor yet was he at any time since required, willed, or commanded so to do, nor could have the use of a pen or ink within the compass of the said three months, nor come to the presence of the council: and that it is notorious, that the said bishop hath been continually, ever since that time — like as he was before and yet is — a prisoner in the Tower of London. 80. Item, That from the same pretensed sequestration, monition, and commination aforesaid, and from all things concerning the same, the said bishop, within ten days next and immediately following, being in the Tower a prisoner, having no liberty, nor pen, nor ink, nor yet notary, nor other witness there but his own servants, did first, before his said servants, protest of the nullity of the pretensed sequestration, intimation, monition, and cornruination; and did appeal and intimate the same to my lord of Canterbury, and other the commissioners aforesaid in this matter, at Lambeth. And, within ten days next and immediately after that, he had council assigned him; and that, according to the counsel of such of the laws as were appointed to him, he caused an appellation querele, allegation, and protestation, to be conceived and made in due form and order of law, and did appeal before a notary or two and a multitude of witnesses, my lord of Canterbury and other commissioners being then present, and healing the same thoroughly read: whereupon he required the said notary to make him one or sundry instruments in that behalf, and all that were there present to bear witness and testify the same. And this is true, public, notorious, manifest, and famous. 81. Item, That the said bishop did, in the mean time, sue to master lieutenant, and to master marshal, to obtain hearing of the council, or to be put to bail: whereunto the bishop could never get answer, or know what should be done with him, till the instant time after seven of the clock in the morning, when he must incontinently be led to answer at Lambeth, before the lord archbishop of Canterbury and other judges appointed to proceed in this pretensed matter of deprivation. 82. Item, That a continual humble suit for ministration of justice can be, by no law or reason, accounted or taken for any obstinacy, contempt, refusal, disobedience, or any point of fault; but as a declaration of the demanders’ confidence and trust in the superiors’ equity and indifferency, much to their honor and estimation; and much more than by demanding of mercy before judgment, which, in him that hath a clear conscience in the fault pretensed, implieth a mistrust and diffidence in the administration of justice: which opinion the said bishop cannot conceive, nor thinketh meet to be persuaded of the superiors; and, therefore, hath continually made that request and suit for justice. 83. Item, That forasmuch as in the act of Parliament, Of the uniformity and service of the administration of the Sacraments, is plainly declared in this wise; namely, ‘And albeit the king’s majesty, with the advice of his entirely beloved uncle the lord protector and other of his highness’s council, hath heretofore-times essayed to stay innovations or new rites concerning the premises, yet the same hath not had so good success as his highness required, in that behalf,’ etc., thereby it evidently appeareth, that the said bishop’s preaching against those that of themselves made innovations, ought therefore specially to be commended and allowed, because he did therein his bounden duty, and furthered and advanced the king’s majesty’s purpose as much as in him was: and that all secret letters of the said duke’s, speeches, or sayings, contrary to the determination of the king’s majesty and the council, declared in the said act, ought not to be reputed of any force or strength whereby now to trouble the said bishop. 84. Item, The said bishop, as well at the time of his committing to prison to the Tower, as before and since the same time, hath always been, and yet is, as humble, ready, willing, and desirous, as any obedient subject ought to be, to do, accomplish, and fulfil, any commandment, request, or other thing, that shall be moved and made to him, either by the king’s majesty, or by the lords of his most honorable council, whatsoever it be, so that it be agreeable in his conscience to God’s laws, and to the laws and statutes of this realm, and to the proclamations, and ordinances, and injunctions, set forth by the king’s majesty’s authority, in this his realm. And so by these presents, under protestation aforesaid, he offereth himself now most ready to do as is aforesaid, in all things. 85. Item, That the premises above written, all and singular, be true, and, according as is above written, such of the premises be public, notorious, manifest, and famous, and so he above specified; and upon them (so specified to be public, notorious, manifest, and famous) goeth and laboureth a public and common voice and fame, which things and matters above specified, all and singular, the said bishop (saving always his protestations above expressed) purposeth and offereth ready to prove the same jointly and severally, under the said protestations, according to the law, at time and place convement: and, under the same protestations, asketh justice to be ministered unto him on and upon the premises jointly and severally; not compelling him to prove every and singular things, clauses, matters, articles, or points of the premises, neither to the charge of superfluous proving of them, whereof he here specially and expressly maketh his protestations.

    And thus much for the long matter justificatory, exhibited by Gardiner, in this present act, unto the commissioners. Now, to proceed further: in this fourth act the said Gardiner, after this matter thus exhibited as is above said, did also, under his said protestation, exhibit a certain letter, 109 to him (as he said) sent from the duke of Somerset, inasmuch as the same concerned his full answers to the positions, and made for his full answers; and not otherwise. And therewith he also gave in his answers to the positions afore not fully answered, the promoters accepting the contents as well of the said letters, as of his answers, as far as they made for the office, and not otherwise; and further alleging, that the bishop had not fully answered; and therefore requiring, that he be pronounced ‘contumax;’ and inpain thereof, be declared ‘pro confesso’ upon those positions whereunto it was not fully answered: the said bishop, under his said protestation, alleging that he had fully answered, as far as he was bound by law, referring himself to all his answers, and to the law, and to the letters and matters aforesaid.

    Then the promoters (protesting of the nullity and generality, invalidity and inefficacy, of the said matter), alleged that the same did not conclude in law, and therefore ought not to be admitted; and therefore they required the same to be rejected: the said bishop, under his said protestations, requiring the same to be admitted as afore. Then the judges assigned to hear their pleasure as well upon the said answers as upon the said matters, upon the Monday following, at the same time and place, to which assignation the said bishop (under his said protestations) dissented, and required a letter by him, as before exhibited, to be registered, and the original to be to him re-delivered: which was decreed.

    THE FIFTH SESSION AGAINST GARDINER.

    The fifth appearance or Session of the aforesaid bishop was on the 12th day of January, anno 1551, in the forenoon of that day, before the judges, and in the place, as it was in the last session;. the said actuaries being present. It was assigned, then and there, to hear the judges’ pleasure upon the bishop’s answers, and the matter by him proposed.

    The promoters did allege, that the bishop had not fully answered to the seventh, eighth, ninth, and nineteenth positions, as by them is before alleged (referring themselves to the answers, and to the law), and therefore did accuse the contumacy of the bishop. And he, being commanded to make full answer thereunto, and not full answering, they did, as afore, desire him to be pronounced ‘contumax;’ and, in pain thereof, to be declared ‘pro confesso,’ upon the parts of those positions, whereunto he had not fully answered: — the said bishop, under his former protestations, saying, that he ought not to be so pronounced and declared, for that he did not refuse to make answer, but upon the judge’s decree and declaration made: that wherein he hath not fully answered, he would then make answer accordingly. And after disputation had on both sides upon the matter, the judges admonished the said bishop to make full answers to the said positions already not fully answered, on Monday the 26th day of the same month, the same time and place, under pain of the law. After this, the said judges, at the said bishop’s request, under his former protestation, admitted the matter aforesaid, inasmuch as the law would the same matter to be admitted, and not otherwise; the said promoters accepting the contents in the said matter, as far as the same did make for the office, and none otherwise.

    Then the said judges assigned to the said bishop (for a term to prove the contents of his said matter) Monday the 26th day of January, the same time and place; and every judicial day between this and that, to produce his witnesses upon intimation thereof made to the promoters of the office; and further offered to the said bishop, that in case he would nominate his witnesses, he should have (if he would require) letters from the said judges to the said witnesses, to command them with speed to come to answer, and be examined without further compulsory process.

    The copy of the letter sent to the several witnesses, here followeth.

    THE LETTER FROM THE JUDGES TO GARDINER’S WITNESSES.

    After our commendations, we signify unto you, that whereas the bishop of Winchester thinketh your testimony necessary for declaration and proof of the truth, as he saith, in a cause depending before us and others, the king’s majesty’s commissioners, and doubteth lest, upon his own request, ye will not willingly come, without certain advertisement from us, thereby to mean no displeasure or danger: these shall be to do you to wit, that ye may, without all blame and lack, upon request unto you made, repair to bear witness in that matter after the truth, and your conscience.

    And, to the intent the matter now depending by your absence be not delayed and deferred, we likewise charge you and command you, upon sight hereof, to repair to London with all convenient speed, to depose and testify in the said matter as afore: and therefore will you to use what diligence you can, whereby to avoid that may he objected unto you for the contrary. Thus fare ye well.

    Your loving friends, T. Canterbury, John Oliver, N. London, John Gosnall, William Peter, Griffith Leyson.

    From Lambeth, the 16th day of January, anno 1551.

    And further the said judges declared, that if at that day (the bishop in the mean time using due diligence for production of his witnesses) there should appear sufficient cause to grant him a longer day to prove, that then they would prorogue his said term further, as should be requisite: the bishop, under his said protestations, dissenting to the assignation to prove, for shortness of the time assigned. After this, upon motion made that the bishop should constitute proctors, to produce, his said witnesses, for him, the said bishop, under his said protestation, alleging and protesting that these causes were criminal, and that he therefore could not, by the law, constitute a proctor; nevertheless, under protestation also that by his constitution he intended not to alter the nature of his cause, did constitute Master Thomas Dockwray, John Clerk, proctors of the Arches, James Basset, James Wingfield, and Thomas Somerset, gentlemen, jointly and severally his proctors, to appear for him, and in his name, before the said judges; and to produce witnesses necessary in that behalf, and to require them to be received, sworn, and examined; and, further, to do all things needful and requisite in that behalf, promising to ratify and stand to their doings in the premises. and other his said protestations; requiring a copy of all the acts and exhibits in this cause; to whom it was so decreed.

    THE SIXTH ACT AGAINST GARDINER.

    Another act or session was held on Saturday the 17th day of January, in the bishop of London’s palace, before the said bishop, and the bishops of Ely and Lincoln, Master Dr. Oliver, and Master Gosnall, commissioners, in the presence of Thomas Argall and William Say, actuaries.

    The said day and place, appeared before the said judges Master Thomas Somerset, one of the bishop of Winchester’s proctors, by him constituted the last court day; and, under the said bishop’s former protestations, he exhibited the said proxy, and, making himself party for the said bishop, produced William Coppinger and John Davy, for witnesses upon Articles 40,41,42,43,44, 55,56,68,79,80 and 81 of the matter laid in by the bishop; requiring them to be charged with a corporal oath in form of law, to testify the truth thereupon. At whose request the judges did onerate the said witness with a corporal oath upon the holy evangelists, to depose the whole and plain truth as well upon the said articles as upon the whole cause, and upon such interrogatories as should be ministered unto them, in presence of Masters Lewes and Clapham, promoters of the office, rotesting to say against them and their sayings, in case and as far as they should depose against the office.

    The copy of the which interrogatories as well against Coppinger and Davy, as others undernamed, followeth in these words: — Interrogatories ministered against William Coppinger, John Davy, and William Bell, Nicholas Lentall, and Richard Hampden, John Seton, doctor of divinity, William Medow, clerk, Thomas Watson, clerk, and Robert Massey, pretensed Witnesses, brought in and sworn in, of the Bishop of Winchester’s part.

    First, it was asked of every of the said pretensed witnesses, Whether he is or hath been servant retained or belonging to the said bishop, and how long he hath been servant so retained or belonging; and what wages, livery, annuity, or advancement, he hath or hath had, of the said bishop. Item, Whether he hath any affection, and what affection, toward the said bishop and his matter, in this cause moved and depending against the said bishop. Item, Whether they or any of them do earnestly covet and desire that the bishop may overcome in this matter, and have the victory: yea or nay. Item, If any of the said witnesses shall at any time seem to say anything prejudicial unto the office promoted against the said bishop, or sounding to his discharge, let it be asked of the cause of his knowledge, and let him express the same.

    And thus much for the interrogatories against Coppinger and others.

    Concerning the depositions of the witnesses here produced, ye shall see more at large in the twentieth session, until the which session we have deferred all other depositions of witnesses, as well of the one part as of the other, there the whole to be read and seen together.

    THE SEVENTH SESSION AGAINST GARDINER.

    The Seventh Appearance or Action of the forenamed Bishop was in the Council-chamber at Greenwich, on Monday the 19th day of January, anno 1551, before the Bishops of Ely and Lincoln, Master Secretary Peter, and Master Doctor Leyson, Judges delegate; the Actuaries, as before, being present.

    The said day and place, appeared Master James Wingfield, and Master James Basset, proctors, constituted at the last session (which was the 12th day of January) in this cause, by the bishop of Winchester; and, under the bishop’s former protestations, did exhibit the proxy to them in that behalf made, and produced the right honorable personages here undernamed being of the king’s majesty’s most honorable privy council; that is to say, the duke of Somerset’s grace, on articles 1, 2, 3, 4, 10, 17, 22, 23, 24, 25, 27, 28, 45, 47, 48, 59, 60, 61, 62, 63, 64, 65, 66, 67, 76, 77: the earl of Wiltshire, lord treasurer, on articles 1, 2, 3, 4, 10, 17, 22, 23, 24, 25, 26, 27, 28, 41, 42, 43, 49, 50, 51, 52, 53, 54, 55, 57, 58, 59, 60, 61, 62, 63, 64, 65, 66, 67, 69, 70, 71, 72, 73, 76, 77: the earl of Warwick, lord great master, on articles 1, 2, 3, 4, 69, 70, 71, 72, 73, 76, 77: the earl of Bedford, lord privy seal, on articles 1, 2, 3, 4, 57, 58, 59, 60, 61, 62, 63, 64, 65, 66, 67: the marquis of Northampton, lord great chamberlain, on articles 1, 2, 3, 4, 5, 52, 58, 59, 60, 61, 62, 63, 64, 65, 66, 67, 76, 77: sir William Harbert, master of the horse, on articles 1, 2, 3, 4, 69, 70, 71, 72, 73, 74, 75, 76, 77: the lord Chobham, on articles 63, 64, 65, 66 and 67 of the matter proposed by the bishop. Which said honorable personages they required to be admitted, sworn, and examined, as witnesses thereupon, as the law in that behalf required; the said honorable personages declaring, that such personages of dignity as they, were privileged, by the laws of the realm, not to be sworn after the common form, as other persons and witnesses are accustomably sworn: nevertheless promising, upon their truth to God, their allegiance to our sovereign lord the king’s majesty, and their honors and fidelities, to depose the very truth that they knew in that behalf. Whom the said judges did so onerate upon their truth and allegiauce to God, and the king’s majesty, and upon their honors and fidelities, to depose the very truth, as well upon the said articles, as also upon the whole cause, in presence of Master Clapham, promoter of the office, then and there requiring them to be so onerated upon the whole cause, and with due reverence approving the honorable personages of the said witnesses; protesting, nevertheless, to use the beneft of the law against their sayings (their honors always saved), in case and as far as the same should be seen in law to make against the office; and requiring them to be likewise examined upon such intertogatories as should be ministered unto them by the office; they likewise, as afore, promising, and by the judges onerated, to declare and answer the truth thereunto, according to their knowledge in this behalf. THE EIGHTH SESSION AGAINST GARDINER.

    The eighth session or court day was holden upon the cause of the bishop of Winchester, in the place of the lord chancellor, lord Riche, at Great St.

    Bartholomew’s, before the archbishop of Canterbury, and the rest of the king’s commissioners, in the presence of the aforesaid actuaries, on the twelfth day, the 20th day of January, anno 1551.

    The same day and place, appeared before the said judges Master James Basset, one of the bishop of Winchester’s proctors, constituted the last court day; and, under the said bishop’s former protestations he exhibited the stud proxy; and, making himself party for the said bishop, produced the right honorable lord chancellor of England, as witness upon articles 1,2,3,4,45,46,47,48,49,50,51,52,53,54 and 55 of the matter laid in by the bishop; whom he required to be admitted, sworn, and examined, as a witness, according to the law; the said lord chancellor declaring, that honorable personages being of dignity and office (as he was), are by the laws of the realm privileged not to be sworn in common form, as other witnesses accustomably do swear; promising nevertheless, upon his truth to God, his allegiance to our sovereign lord the king’s majesty, and upon his fidelity, to testify the truth that he doth know, in this behalf: whom the said judges did so onerate upon his truth to God, allegiance to thy king’s majesty, and upon his honor and fidelity, to depose the plain and whole truth, as far as he knew, as well upon the said articles, as also upon the whole cause, in presence of master Clapham, promoter of the office, approving the honorable personage of the said lord, and yet protesting to say against his sayings, in case and as far as they should be seen in law to make against the office; and requiring his lordship to be examined upon such interrogatories as should be ministered unto him by the office; his lordship (like as afore) promising, and by the judges onerated, to declare and answer the truth thereunto, according to his knowledge.

    Concerning this noble personage of the lord chancellor here produced, who was then Master Wriothesley, understand, gentle reader, that though we find him here produced and sworn, yet we find not his depositions in any place. Whether he did depose at all, or not, I am not able to say. And this, by the way, concerning that man. Now to the matter.

    This being done, the said James Basset, proctor aforesaid, and under the protestations above recited, did intimate to the said lord chancellor, the appellation 111 and querelation made by the said bishop of Winchester, as he said; and did show the instrument thereof made.

    After this, the said James Basset, under the former protestations, did produce the worshipful John Baker, knight, upon articles 1,2,3 and 4 of the matter aforesaid, requiring that he might swear and be examined upon the same. At whose request the said judges did onerate the said sir John Baker with an oath upon the holy evangelists, to declare the truth he knew upon the same articles, and upon the interrogatories that should be ministered by the office; the aforesaid master Clapham approving his person, and yet protesting, as before he protested of the lord chancellor.

    INTERROGATETIES MINISTERED BY THE OFFICE. 1. Imprimis: Whether ye know, or have heard say, that the late king of famous memory, king Henry the Eighth, father of our sovereign lord the kingmajesty that now is (for sundry causes him moving, and specially for that he judged and esteemed the bishop of Winchester nothing well pleased with the proceedings of the realm in matters of religion) misliked the said bishop, and was much offended with him? 2. Item, Whether ye know, or have heard say, that for the suspicion conceived of the said bishop, as is aforesaid, his highness did forbear and refuse to have him named among other bishops and learned men, which were appointed to make the books last set forth by his majesty, touching a uniformity in matters of religion? 3. Item, Whether ye know, or have heard say, that for the causes aforesaid, and other great considerations him specially moving, he reputed the said bishop for a man vehemently suspected to favor the bishop of Rome? 4. Item, Whether ye know, or have heard say, that the said late king, expressly willed him (the said bishop), no more to be of the privy council with the king’s majesty our sovereign lord that now is; and omitted, and expressly refused, to have him named among other councillors, in his testament, to be of the council, as is aforesaid? 5. Item, Whether ye know, or have heard say, that the said bishop, being aforenamed as an executor in the testament of the said late king, was, a little before his death, at his declaring of his last will, put out by his highness, and so by him refused to be one of his said executors? for what causes the said bishop was so put out, and what the said late king said of the said bishop at the same time? 6. Item, Whether you know, or have heard say, that the said bishop is, and in the time of our late sovereign lord hath been, commonly reputed and accepted a man much favoring the authority and proceedings of the bishop of Rome, and, as such a one, an adversary to the king’s majesty’s godly proceedings for reformation of abuses in religion in the court, in his diocese, and elsewhere, among such as be men of good understanding; and knoweth him commonly accepted and taken as such, and that such is the common and public fame in the court, in his said diocese, or elsewhere in this realm? 7. Item, Whether ye know, or have heard say, that to such of his diocese as favor the king’s majesty’s godly proceedings, he hath been and is an offense or slander; and whether it is probably thought by them, that he, the said bishop, hath been and is, a great hinderance to the said proceedings; and for such a one hath been and is by them commonly reputed and taken. 8. Item, Whether ye know, or have heard say, that he — being commanded in the king’s majesty’s name, for the avoiding of tumult, and upon other urgent considerations, not to treat of anything in controversy concerning the communion or sacrament of the altar and the mass — contrary to that commandment, spake, among other things, these words following, or like in effect; namely, That the very presence of Christ’s most precious body and blood is present in the sacrament, to feed us, which was given to redeem us, and that Christ consecrated himself to be a memorial of himself; and that it was the same Christ that was offered then, and is now either sacrificed, or else remembered in the mass; and that private masses might be and were well retained in this realm of England? 9. Item, Whether ye know, or have heard says that as well before the time of the sermon made by the bishop of Winchester on St. Peter’s day, in the second year of the king’s majesty’s reign, as at the time of the sermon, there was much contention, strife, debate, and controversy, among divers of the king’s majesty’s subjects, as well in the city of London, as elsewhere within this realm of England, concerning the presence of Christ’s body and blood to be in the sacrament of the altar, and the retaining and use of private masses, whether the same might stand with God’s word or no.

    Then Basset required the lord chancellor to be examined as a witness on the Monday following.

    THE NINTH SESSION AGAINST GARDINER.

    The ninth session or action upon the cause of Gardiner was held in the house of Cuthbert, bishop of Durham, called Cold Harbor, before Thomas and Henry, bishops of Ely and Lincoln, with the other commissioners judicially sitting, with the presence of the above-named notaries, on Wednesday the 21st of January, 1551.

    The said day and place, appeared before the said judges James Basset, one of the bishop of Winchester’s proctors, and under former protestations, produced Cuthbert, bishop of Durham, on articles 1,2,3 and 4; William Bell, clerk, on articles 34 and 35; Nicholas Lentall and Richard Hampden on article 15; John Seton, doctor of divinity, on articles 15,29,34,35 and 38; William Medow, clerk, on articles 1,2,3,5,15, 25,33,34,35 and 38; Thomas Watson, clerk, on articles 7,11,12,14,16,18,19,20,29,31,33,36, 38 and 68; and Robert Massey on articles 13 and 16 of the matter purposed by the bishop of Winchester; requiring that they and every of them might be onerated with an oath, to say and depose the truth in that they knew. At whose request the judges did onerate the same witnesses, and every of them, with an oath corporal, taken in due form, to testify the truth as well upon the said articles, as also upon the whole cause, and, upon such interrogatories as should be ministered unto them. and every of them, when they should be examined in the presence of David Clapham, one of the said promoters of the office, approving the person of the said Cuthbert, bishop, and yet protesting to say against his sayings, and the persons and sayings of the other witnesses, in case they should say or depose any thing against his office. These things done, appeared before the said commissioners then and there judicially sitting, as before, Thomas Dockwray, one of the proctors of the bishop of Winchester, constituted and appointed by him, and under former protestations made by the said bishop, he did exhibit his proxy for the said bishop, made in the acts, and made himself party for him. And also, under the said protestations, he gave and exhibited certain positions additional unto the matter already purposed by the said bishop of Winchester, which he desired to be admitted in the presence of the aforesaid David Clapham, one of the promoters, protesting of the nullity, generality, invalidity, ineffieacy, and undue specification, of the same; and desiring the same to be rejected.

    Then the judges assigned to hear their pleasure upon the said positions upon the Monday following at Lambeth, at the hour accustomed, and heretofore already assigned. Consequently the said Thomas Dockwray, proctor aforesaid, under former protestations, etc., did lay in and give a matter in writing, conceived against the exhibits, desiring the same to be admitted by the judges in the presence of the aforenamed David Clapham, promoter, protesting, as he did of the positions additional afore given; and further, alleging the same not to conclude in law, and therefore desiring the same matter to be rejected. Hereupon the judges assigned their pleasure to be heard upon the admission, or else the rejection, of the said matter, the day and place assigned; concerning which positions additional, with the matter, also, by the aforesaid proctor exhibited, the tenor thereof here followeth:

    ARTICLES ADDITIONAL EXHIBITED BY GARDINER.

    Here follow the positions and articles additional and declaratory of the matter, and letter, of late purposed and exhibited by the bishop of Winchester, before the pretensed commissaries or judges delegate, named in the same matter, which the said bishop gave under the protestations made by him in the matter aforesaid.

    First, that the bishop of London that now is, then being bishop of Rochester, did openly in his sermon made at Paul’s Cross in the month of November or December, or thereabouts, in the first year of the king’s majesty’s reign that now is, very earnestly and vehemently preach and teach the true presence of Christ’s most precious body to be in the Sacrament of the Altar. [Proponit conjunctim, divisim, et de quolibet.] Item, That Dr. Redman, in a sermon which he preached before the king’s majesty in Lent, the second year of his majesty’s reign, did preach and teach to be believed for the true catholic faith, that the true presence of Christ’s body and blood was in the sacrament of the altar. [Proponit ut supra, 113 ] Item, That my lord archbishop of Canterbury, about the time that the bishop of Winchester aforesaid preached a sermon on St.

    Peter’s-day at Westminster, before the king’s, majesty, in a book by him translated, called Catechism, did affirm, publish, and set forth, the true presence of Christ’s most precious body and blood to be in the sacrament of the altar; and, to the intent the same should so be believed, observed, acknowledged, and taught to be the true and catholic faith, did cause the same to be printed in his name, and as his translation; which books, so printed into great number of books, were, after their imprinting, to the intent aforesaid, openly and commonly sold by many and sundry booksellers, as well of London as of other places, and came about to all the parts of this realm, or to many parts of the same, and were openly and commonly known, declared, published, read, and heard, of all sorts of the king’s majesty’s subjects of this realm.

    And this was and is true, public, notorious, manifest, and famous. Item, That in the months November and December, in the second year of the king’s majesty’s reign, the bishops of Durham, Carlisle, London, Chichester, Worcester, Norwich, Hereford, and Westminster (being of the most ancient bishops and best learned in this realm), did openly, in the parliament then kept at Westminster, defend the very and true presence of Christ’s body and blood to be in the sacrament of the altar. Item, That in sundry open and solemn disputations, made as well in the university of Oxford, as of Cambridge, the third year of the king’s majesty’s reign, the same true presence of the very body and blood of Christ to be in the sacrament of the altar, was maintained and defended by the great number of the chief and well learned of the said universities And this was and is true, public, notorious, manifest, and famous. Item, That the truth of Christ’s most precious body and blood in the sacrament of the altar, hath not been nor was impugned, by any famous clerk, or yet by any named learned man in any part of all Christendom, either in the Greek or in the Latin Church, by our time; specially at the time of the letters sent by the same duke of Somerset to the said bishop, mentioned in this matter aforesaid; but only by OEcolampadius, Zuinglius, Vadianus and Carolostadius, the impugning whereof was most manifest error; and, in England, no learned man named had, or yet did, openly defend or favor that error. And this is true, public, notorious, manifest, and famous. Item, That the said bishop said not to Master Cecil that the mass was the chief foundation of our religion, for Christ himself is the only foundation; and in the mass, as now in the communion, [is] the showing forth of Christ’s death; which is a sacrifice recordative of that only sacrifice of the cross, used in the church according to Christ’s institution till his coming; the substance of the sacrifice being all as one, and the manner of the offering only differing. And after this manner and sort, in effect, the bishop, in his speaking of the mass to Master Cecil, as is aforenamed, declared to him, and no otherwise, if he had then rightly taken, perceived, and afterwards so uttered and reported the same. Item, That by our late sovereign lord the king’s majesty’s father that now is, and by his testament and last will, it was provided, ordered, and (upon just considerations then moving his majesty for the preservation and quietness of this his then realm) decreed, that his majesty’s councillors of his privy council, then being named and appointed in the same testament, or the more part of them, with further execution in that behalf should have the whole order and governance of the same realm, during the minority of his only treasure under God, the king’s majesty that now is, which things, according to these effects, were thus declared, before the king’s majesty that now is, by the mouth of the lord chancellor, who was at that time in the Tower of London, then beingq present as well the said bishop of Winchester, as other of the lords of the council, and divers others hearing the same, whereby the authority of the protectorship was clearly restrained. Item, That the digression of the said duke from that order aforesaid, and the breaking thereof, was afterwards, among other matters, with the body of the king’s majesty’s privy council, objected to him as a fault and offense.

    THE TENOR OF THE MATTER EXHIBITED BY THE BISHOP OF WINTON AGAINST THE EXHIBITS LAID IN AGAINST HIM.

    In the name of God, Amen. — Before you Thomas, by the sufferance of God archbishop of Canterbury, primate of all England, and metropolitan, and one of the king’s majesty’s privy council; Nicholas bishop of London; Thomas bishop of Ely and one of the king’s majesty’s privy council; Henry, the lord bishop of Lincoln; sir William Peter knight, one of the principal secretaries of the king’s majesty, and one of his majesty’s privy council; sir James Hales knight, one of the justices of the king’s Common Pleas at Westminster; John Oliver and Griffith Leyson, doctors of the civil laws; Richard Goodrick and John Gosnall esquires, commissaries or judges delegates, as it is pretended, in this behalf deputed; either before all you jointly together, or before some of you, such as, in this pretensed matter of your office (as it is pretensed, necessarily against Stephen bishop of Winton promoted) shall happen to proceed — the said bishop, all and singular protestations heretofore by him made in this pretensed cause always to him reserved and saved; and in all things that he doth or shall do now, or at any time hereafter, to be had always for often and oftener repeated — under the same protestations excepting and admitting all such matters, clauses, words, articles, sentences, and all such parts of the books, acts, or writings, as were exhibited before you the commissaries pretensed aforesaid, or before some of you, then howsoever sitting in this pretensed matter at Lambeth, the Tuesday afore the nativity of Christ last past, being the 23d day of December, as maketh for that part purpose and intent of the said bishop, in this behalf, against all such pretensed parts, clauses, sentences, words, or matters, of the same books, acts, [and] writings, that shall seem to make against the said bishop, and against all other things as be against him purposed and pretended in this matter, by all ways, manners, and forms of the law, best and most effectual, owed by the law, and to all effects, purposes, and intents of the law, that may thereupon follow, saith, allegeth, and in this writing purposeth in law articularly, and jointly and severally, as hereafter followeth:

    First , that the said books, acts, and writings, or anything in them contained, be [not] in effect, strength, virtue, or efficacy, to make any proof, namely, sufficient by the law, against the said bishop, nor yet be, nor ought to be, by the law, in anywise prejudicial to the said bishop, in this pretensed cause, for the causes, matters, and considerations in this present article, and in other articles, in their order and course following respectively deduced; and, among other things, because the said bishop, being commanded, by letters directed to him from my lords of the council, to appear before the king’s majesty’s council the 25th day of the month of September, the first year of the king’s majesty’s reign; according to the same commandment, repaired unto them with all speed he could, and, the 25th day of that month, the same bishop appeared at Hampton Court, before them. [Proponit conjunctim, divisim, et de quolibet.] 2. Item, That the said bishop, for desire he had to have the king’s majesty’s visitors honorably and duly received, provided, before his repair to the council, to make a sufficient proxy under his seal, in ample form, to one Master Cook, and one Potinger, to supply the absence of the said bishop, and do for him, and in his name, all things duly and accordingly, if the said bishop should happen, by sickness or otherwise, then to be absent, as he, the said bishop, might do, being personally present. [Proponit ut supra. 114 ] 3. Item, That the said bishop — hearing that the said king’s majesty’s visitors should come to Winchester, and then having commandment, as is aforesaid, to appear before the king’s majesty’s council, about three weeks or thereabouts before the visitors’ coming thither — doubting, for the causes that might happen (as is aforesaid), that he should then be absent, gave especial and express commandment, as well to his proctors aforesaid, as to his chancellor and other his officers, there to do their duties to the said visitors, if they came in his absence, and to receive and use them in most humble and honorable manner; and also to obey them, in their doings and commandments, quietly and willingly in all things. 4. Item, That likewise the said bishop, besides the general commandment aforesaid, willed and commanded his chaplains and curates of his diocese, such as it chanced him to speak withal, after that he had knowledge of the visitation (as is aforesaid) to be had at Winton, especially such as it chanced him to speak with by the way coming to the council, that they, in anywise, should duly receive and obey whatsoever in that visitation should be done, enjoined, and commanded. 5. Item, That according to the will, mind, and commandment aforesaid, by the said bishop respectively given, the said bishop’s proctor, his chancellor, his chaplains, and other his officers and ministers, and the residue of his diocese, did, with due honor, obedience, and quietness, use themselves to the said visitors; and did obey and fulfil their commandments and injunctions. 6. Item, That the said visitation began in the diocese of Winton about the 12th day of the month of October,. in the first, year of the king’s majesty’s reign. 7. Item, That at the time of the said visitation, kept as is aforesaid at Winchester, and likewise somewhat afore the said visitation, and a long time after, the said bishop was a prisoner in the Fleet; and under commandment so to be kept there, that none of his servants but only two specially appointed or licensed in that behalf, nor yet any other stranger, might have access or speak with him; but there to remain secretly. 8. Item, The said bishop was committed to the Fleet, as is aforesaid, by reason of his letters, which, according to his bounden duty, and as a true and faithful subject, about a month before the said visitation at Winchester, he sent to the king’s majesty’s privy council, declaring in the same letters (like a faithful obedient subject) what his conscience and duty bound him to utter; specially concerning certain contrarieties contained in matters to be set forth by that visitation, as by the same letters, and by the contents of the same matters, more plainly may appear; to which he refcrreth himselfinto as much as may make for his purpose in this behalf. 10. 115 Item, At the time the said bishop was committed to the Fleet, as is aforesaid, the duke of Somerset was not then at home in these parts, but, at that time and likewise before, was in Scotland, or at the least was not come home from his journey in Scotland. And this is true, public, manifest, and famous. 11. Item, The said bishop, being prisoner in the Fleet, after the coming home of the duke of Somerset, sent to the same duke many and sundry times, requiring him that he might be heard, and to know why he should be so detained in prison without any offense specially declared unto him: and thereupon, by his letters, declared to the said duke, the circumstance of that whole matter, as by the contents of the same letters, and otherwise, if need require, shall and may appear. 12. Item, The said bishop, being in prison in the Fleet aforesaid by the space of fifteen weeks 43 or thereabouts, remained continually there, not called before any judge, or any of the king’s majesty’s council by way of examination, nor yet anything objected against him wherefore he should be committed to prison, or so to be used. 13. Item, That the said bishop was delivered out of the Fleet, by the general pardon the morrow after Twelfth-day, at Hampton Court, in the said first year of the king’s majesty’s reign. 14. Item, That within fourteen days then next following, or thereabouts, the same bishop was, by the same duke and others of the king’s majesty’s privy council, commanded to keep his own house in Southwark, for not agreeing to a certain form of articles touching Justification, as was then conceived; where he remained after that manner till the first Monday in Lent then next following. 15. Item, That the said first Monday in Lent, or incontinently after, he said bishop returned to Winchester, where he lived quietly, and did duly execute, accomplish, and set forth all such commandments as were then ordered to be set forth and executed, with the due obedience; observing, following, and executing of, all such proclamations as were then, in the king’s majesty’s name, sent abroad to be published in that diocese, and other parts of his majesty’s realm. 16. Item, That as well the said bishop as his servants, at all times of his being at Winchester, and at all other places of this realm, hath been always in quiet peace and quiet behavior, without any tumult, commotion, or disturbance, either among themselves or any other of the king’s subjects, or in giving any occasion thereunto, — nor yet at any time they or any of them were in harness, or prepared harness, or any other weapons, to any such purpose or intent; and as well the said bishop as his servants, always have been and be — for persons of quietness, soberness, and of good and peaceable demeanors and behaviors in all their doings — commonly and openly named, accepted, taken, and reputed. 17. Item, That the said bishop, being a person of quietness, and of quiet and peaceable behavior, as is aforesaid, did never at any time command any of his servants to wear harness, or foresee any manner of safeguard of his house and person from the force of any man, nor yet to withstand the powers of the realm; nor yet the said bishop hath at any time showed in his doings any likelihood of such a temerous act, or any token of such folly, to think he could, without his utter destruction, give or attempt the least signification of such a purpose.

    And therefore this pretense (as here, for the bishop’s lawful defense only, may be declared without the offense of any personage of authority) is such an untrue imagined matter as was neither true nor yet done or thought of by the said bishop or any of his, to his knowledge; nor yet the same was ever at any time in anywise objected against the said bishop, nor any such surmise or information should be against him, till now it should seem such matter to appear in some part of the pretensed acts aforesaid. 18. Item, That at such time that master Tonge and master Eyre repaired to Winchester, to be instituted canons in that church, they were required and caused to come to the bishop, and to his house there, and by the same bishop gently welcomed, and familiarly entertained, and caused by him to tarry and to sup with him, being the Thursday at night before the bishop preached on the Sunday then next following as he had before so appointed. And, afterwards, the bishop departed from them very familiarly, offering them to be welcome to his house during their tarrying in the town. 19. Item, The said bishop, in his preaching or sermon aforesaid, made at Winchester the Sunday after their coming, or otherwise, did not disprove or disgrace the said master Tonge and master Eyre, or either of them, as by them was surmised; and the said bishop, having that objected to him by the duke of Somerset, did justly deny it expressly. 20. Item, That the said bishop, after his preaching at Winchester aforesaid, was called before the duke of Somerset and others of the king’s majesty’s council then being, and being charged with certain matters of no importance, and most untruly surmised, did so answer unto the same as they appeared not worthy of any further examination, and the said bishop and council did indeed no further proceed in them. And thereupon, the said bishop (required to tarry in the town) was bold to say to them, he ought not to tarry as an offender, for he was none. 21. Item, That the said bishop, in his sermon before the king’s majesty made at Westminster, on St. Peter’s day shall be three years, was very quietly heard, and so quietly departed without any tumult or disturbance then risen there, or in the town, or any other place, or any time since, by occasion thereof. 22. Item, Albeit the said bishop ought and doth honor all virtues of the king’s majesty, and esteemeth justice worthy to be extolled with the commendation of clemency; yet as touching clemency, as it implieth forgiveness and pardon of a manifest fault, after special conviction and condemnation therein, the said bishop never hitherto came into the same case, being never convicted or condemned of any fault; and yet hath and doth, with other of the king’s majesty’s subjects, enjoy such general pardon, as it hath pleased his highness to grant; for the which he will also with them pray and extol the king’s majesty’s clemency, to which virtue the said bishop thinketh the king’s said majesty to be, by God’s goodness, inclined. 23. Item, The said hishop — under the protestations aforesaid, alleging against those parts of the books, acts, or writings against him, as is aforesaid in this behalf howsoever exhibited — to the intent and purpose only to use his just defense, herein, without any prejudice or offense of any party, and no otherwise (whereof he here expressly protesteth) saith; that the devisers, conceivers, and writers of the said pretensed exhibits, have inserted expressly, and specified in them, divers and sundry matters, clauses, and things, which notoriously and manifestly were and be untrue and unjust; as, among other things, concerning the bishop’s servants to be by the said bishop secretly armed and harnessed to withstand such as should be sent, by the duke of Somerset’s grace and the council, to Hampshire, and those parts.

    And in divers other places of the same exhibits, the said devisers, conceivers, and writers, have omitted and left out divers and sundry clauses, points, matters, and allegings, as make for the just defense and declaration of innocency of the said bishop, videlicet, among other things, where the bishop offered to make particular answer to the articles mentioned in the same books propounded unto him; and required a copy of the articles to be delivered unto him, that he might so do; and offered to be ready to make the said answer, being in prison, as by the contents of the said pretensed exhibits, and otherwise, if need required, might and should evidently appear. 24. Item, That the premises, all and singular, were and be true, public, notorious, manifest, and famous; and upon them had and did labor a common voice and fame: whereupon the said bishop, under his protestations aforesaid asked and required justice to be ministered unto him of and upon all and singular the premises jointly and severally not obliging in him to prove all and singular the said premises nor any superfluous charge of any proving of them, whereof he here expressly protesteth.

    THE TENTH SESSION.

    The tenth session against Cardiner bishop of Winchester was holden in the house of the bishop of Ely, in Warwick-lane, before the said bishops of Ely and London, master Leyson, and other the kings commissioners, with their notaries above mentioned, on Friday the 28d day of January, 1551, in the fourth year of Edward the Sixth.

    The said day and place appeared before the said commissioners master Thomas Somerset, one of the bishop of Winchester’s proctors, and under former protestations made, etc., he produced sir John Markham knight, on articles 40, 41,42,43,44,56,68 and 81; Thomas White esquire, on articles 1, 2,3 and 13; John Norton esquire, on articles 1,2 and 3; John Cooke esquire, on articles 1,2,3,8 and 14; master John White, warden, on articles 1,2,3,15,29, and 37; Francis Allen, on articles 7,8,11,12, 36, 38,45 and 68; John Potinger, on articles 1,8 and 15; Peter Langridge, on articles 1,8 and 15; Roger Ford, on articles 1 and 8; William Laurence and Giles White, on the 15th; William Lorking, vicar of Faruham, on the 14th; Herman Bilson, on the 15th; Thomas Williams, John Hardy, Robert Braborne, Robert Quinhy, John Reade, on 14th; Thomas Crowte 116 on the 15th and 68th; George Bullock, George Smith, Hugh Weston, Philip Morgan 117 Richard Bruerne, 118 John Weale, clerks, on the articles 34,35 and 37; Alexander Deringe, William Browne, on articles 1,8,9 and 15; John Temple, on articles 1,2 and 3; Thomas White, prebendary, on the 15th; and John Glasiar, on the 8th and 9th articles of the matter given by the bishop of Winchester: which said witnesses, and every one of them, the said bishop of London, by the consent of his colleagues, and the desire of the said Thomas Somerset, proctor aforesaid, did onerate with a corporal oath on the holy Evangelists, to depose the whole truth as well upon the same articles, that they were so specially produced on, as the whole cause and matter, and upon such interrogatories as should be ministered to them, as far as they knew, in the presence of master Davy Clapham, one of the promoters of the office; dissenting from the said production, and approving the persons of the aforesaid sir John Markham and master Ralph Hopton; but yet protesting to say against their sayings, in case they should depose against the office; and desiring that they might be examined of such interrogatories as should be ministered by the office; and protesting against the persons and sayings of all the other witnesses and of every of them, in case they or any of them should depose against the office; and repeating against them the interragatories last ministered by the office. This done, the said master Somerset, proctor aforesaid, alleged that master doctor Redman, and doctor Steward, were necessary witnesses for to prove certain things contained in the aforesaid matter, which master Redman had been and then was sick, and the said master Steward in durance.

    Wherefore he desired a commission for the examination of the said master Redman, and means had, that the said master Steward might come to be sworn and examined; and also required temporal counsel to be assigned to the said bishop. THE ELEVENTH SESSION.

    The eleventh session upon the matter of Gardiner bishop of Winchester, was in the house of the lord Paget, without Temple-bar, before the aforesaid commissioners judicially sitting (Thomas Argall, notary, being present), the day aforesaid; that is, the 23d of January, 1551.

    At that time and place master Davy Clapham, and John Lewis, promoters of the office, did produce sir William Paget, knight of the order of the garter, lord Paget, upon the articles laid in by the office; whom they desired to be sworn and examined as a witness, according to law; the said lord Paget declaring, that honorable personages being of dignity as he was, were, by the laws of this realm, privileged not to be sworn in common form, as other witnesses accustomly did swear; promising, nevertheless, upon his truth to God, his allegiance to our sovereign lord the king’s majesty, and upon his fidelity, to testify the truth that he did know in this behalf; whom the said judges did so onerate upon his truth to God, allegiance to the king’s majesty, and upon his honor and fidelity, to depose the plain and whole truth, as far as he knew, as well upon the said articles, as also upon the whole cause and interrogatories that should be ministered, in the presence of Thomas Somerset, proctor to the bishop of Winchester, under protestation, etc., dissenting to theproduction, and protesting of the nullity, etc.; and to say against his person andsayings (if he should depose against the said bishop in this matter); and requiring that he might be examined upon such interrogatories as should be ministered against him; and requiring, also, that he might be sworn with a corporal oath upon the Evangelists. THE TWELFTH SESSION AGAINST GARDINER.

    The twelfth session upon the matter of Gardiner bishop of Winchester, was within the bishop of Ely’s house, before the bishops of London and Ely, with the rest of the commissioners delegate, one of the aforesaid two aetuaries being present, the 24th day of January, 1551.

    The said day and place appeared James Basset, one of the bishop of Winchester’s proctors, and, under protestations before made, and aiways reserved, he produced sir Thomas Smith, on articles 17,22,23,24,25,26, 27 and 28; Robert Willerton, John Young, and Edmund Bricket, clerks, on articles 34,35 and 37; whom and every one of them the said judges, at his desire, did onerate with a corporal oath, for to say and depose the truth upon the said articles, the whole cause and interrogatories, in the presence of master Clapham, approving the person of sir Thomas Smith, and protesting to say against his sayings, and the persons and sayings of the other witnesses, in case they or any of them should depose against the office; repeating the interrogatories already ministered against all the said witnesses, saving sir Thomas Smith.

    THE THIRTEENTH SESSION AGAINST GARDINER.

    The thirteenth session wherein appeared the said bishop of Winchester was held at Lambeth, before the archbishop of Canterbury, with all the other judges except master Hales and master Goodrick; the two aforesaid actuaries being withal present, on Monday in the forenoon, which was the 26th day of January, 1551.

    This said day and place, the bishop of Winchester, under his former protestations, exhibited an allegation in writing touching the admonishment given to him the last court day to make answer to the seventh, eighth, ninth, and nineteenth positions or articles; the copy and tenor of this allegation, so by him exhibited, hereafter followeth.

    THE ALLEGATION OF WINCHESTER, TOUCHING THE PRETENSED ADMONISHMENT. The said bishop, repeating his protestations in the acts, said, that discoursing, and particularly debating, the last court day the answers made by him to the said articles, and agreeing, as he took it, with the judges therein, and so departing, it had been, and was besides, his expectation to hear, in the acts, mention of such admonishment. Nevertheless, the said bishop, for the declaration of himself, how ready be was to obey always, for satisfaction of that admonishment laid in his allegations; and therewith declared, that according to the testimony of his conscience, he had fully answered the said articles, weighing together all that he had answered already and proved, so far as the same opened. And further declared the matter of the said answer, without cautious understanding, whereof the bishop protested. And yet, if the judges should declare any special point of any the said articles, wherein a more full answer ought by law to be made, the said bishop offered himself, without any further delay, to make such answer as the law should bind him; and thereby eschew, as much as in him was, the report of disobedience not to answer, when he might answer, or not so fully as he might, with his conscience.

    This allegation thus exhibited by the said bishop — furthermore, by word of mouth, for fuller answer [he] alleged, that he thought he spake of every article particularly, saving of the king’s authority in his young years, and except St. Nicholas and St. Edmund, and such children’s toys. And also he said, that he always submitted himself to justice; and for that he knew not himself guilty, he called not for mercy within the time of three months expressed in the said articles: which time of three months ran not, because it was suspended by his appellation made from the sequestration mentioned in the said articles.

    After this the judges, at the said bishop’s request, under his former protestations, admitted the positions additional, and the matter lastly laid in on his behalf, and before inserted in the ninth session (as far as the same should or ought in law to be admitted, and none otherwise) in presence of the promoters protesting of the overmuch generality, impertineney, and ineffieacy, of the said positions additional and matter; and alleging, that the same ought not, by the law, to be admitted. Then the bishop, under his former protestations protesting that he intended,not to renounce the benefit of the law which he ought to have, in the production and swearing of such witnesses as he alleged were received afore in his absence — touching their oath, gave certain interrogatories in writing against the lord Paget, being a witness received and sworn against him; the promoters alleging that nonewere received but either [in] his own presence or that of his proctors.

    The copy of the said interrogatories, laid in against the aforenamed lord Paget, followeth; which were these: — INTERROGATORIES MINISTERED TO THE LORD PAGET.

    First , Whether he was present at the Council sitting in the king’s majesty’s palace at Westminster, when the bishop of Winchester appeared there, to answer such matter as was objected by the duke of Somerset, then lord protector; being in the month of May or June in the second year of the king’s majesty’s reign? Item, Whether the said bishop, after answer made to all such matters as were objected against the bishop of Winchester, when he was required to tarry in town, did answer, that he ought not to tarry as an offender; for he was none? 2. Item, Whether the said bishop did thereupon request, to the intent it might so appear the better, that the said bishop might borrow some house in the country more near London, whereunto to resort for shift? 3. Item, That the said bishop required specially the house of Esher, whereof the said lord Paget was then keeper. 4. Item, Whether the said lord Paget, incontinently upon the attainder of the late duke of Norfolk, did not do a message from the king’s majesty to the said bishop, that he would be content that master secretary Peter might have the same hundred pounds a year of the said bishop’s grant, that the said duke had? 5. Item, Whether, after the said bishop had answered himself, to gratify the king’s majesty, to be content therewith, the said lord Paget made relation thereof, as is said, to the king’s majesty, who answered, that he thanked the bishop very heartily for it, and that he might assure himself the king’s majesty was his very good lord? 6. Item, Whether the said lord Paget knew the said bishop to have been in the council, within thirteen days of the king’s departure, to be there mouth to mouth, to commune with the ambassadors, or no?

    After this the said bishop, then and there, under his former protestations alleged as followeth:

    That master secretary Peter, one of the judges, was a necessary witness for proof of certain articles received in his matter justificatory; wherefore he required him so to be received and sworn by the rest of the commissioners, the promoters protesting of the nullity of the said allegation and petition; and alleging, that the same ought not to be admitted, for that, chiefly, there hath hitherto been divers articles sped in this cause, having the strength and efficacy of ‘litis contestatio:’ and master secretary then and there declared, that his testimony was not so necessary for the bishop, for that at such time as he was with the bishop in the Tower, there were two or three more with him, by whom the truth of that which was then done, might be known, without his testimony; and that whereas sir William Harbert and he were there with him at another time, he (the said master secretary) would always be ready to declare, by mouth or writing, what was done and said at that time, to his knowledge and remembrance, as well as if he were sworn.

    This done, the bishop, under protestation aforesaid, produced for a witness upon articles 1,2 and 3 of the matter justificatory, master Philip Paris, whom the judges did onerate with a corporal oath, in form of law, to testify the truth as well upon the said articles, as upon all other articles and interrogateries, to be ministered in this cause unto him; the promoters protesting to say, both against the person of the said witness, in case and as far as he should depose against the office, and repeating the interrogatories heretofore ministered. The bishop also, under his said protestation, required to have master Thomas Somerset, James Basset, and master James Wingfield, sworn as witnesses; the promoters alleging, that they were the bishop’s proctors, and had exercised for him in this cause, and therefore ought not now to be admitted for witnesses. After this, the said bishop, under his protestations aforesaid, for part of his proof of his matter justificatory, did exhibit and leave among the articles of this cause a certain book, written and made by him (as he said) concerning his opinion and true belief of the Sacrament of the Altar, and of the True Catholic Faith therein, for confutation (as he affirmed) of my lord of Canterbury’s book, lately set forth upon the said matter. And, not provoking (as he said) the said judges presently to dispute thereupon, offered himself tobe ready, at the will and pleasure of the judges, at any time and place convenient, and before a due audience, by learning to defend the said book: which book he required to be inserted among the articles of this cause, and a copy thereof to be granted to him, to whom the judges did decree. 122 The exhibition of which book, and the contents thereof, the said promoters, protesting of the nullity, alleged the same to be the hishop’s private writings, and not authentic and such whereunto by the law there is faith to be given; referring themselves to the book, and to the law, as far as it was expedient. After this, the said judges, at the petition of the said bishop, under his former protestation, prorogued his term probatory until Tuesday, the 3d of February next, by nine of the clock in the forenoon of the same day, in the same place; and every judicial day in the mean time to produce witnesses, upon due intimation thereof made to the promoters, or one of them: and assigned to the said bishop to see further process in this cause between ten and eleven of the clock aforenoon, the same day.

    Then the said judges, at the said bishop’s request, under his protestations aforesaid, alleging master doctor Redman to be a necessary witness for proof of the contents of articles 34,35 and of his matter justificatory, and that he was at this present, for sickness, not able to come thither without danger, decreed a commission for his examination, and committed power and authority to receive, swear, and examine him, to master Edward Leedes and master Michael Donninge of Cambridge, jointly and severally, in Trinity College in Cambridge, on Thursday, Friday, and Saturday, now next ensuing; taking to them for actuary Robert Chapman, or (he being absent or letted) any other indifferent notary; and assigned them to transmit the same on Tuesday, the 3d of February next, by nine of the clock in the forenoon in this place.

    And further the said judges — at the said bishop’s request, under protestation as afore, required to have Dr. Steward examined upon certain articles of his matter, and to have more temporal counsel besides sir John Morgan — decreed, that Dr. Steward should be examined between this and the next Court day, and willed the bishop to send them the names of such temporal counsellors as he required. The said bishop also, under protestations as afore, showed forth certain letters, and other writings, which he intended also (as he said) to exhibit. To whom the judges did assign to bring in the same and leave them ‘apud acta’ with them (the said actuaries) the morrow next.

    THE FOURTEENTH SESSION AGAINST GARDINER.

    The fourteenth action, or session, was in the bishop of Winchester’s lodging, within the Tower of London, on Tuesday, the 27th day of January, in the presence of William Saye, one of the aforesaid two actuaries.

    The said day and place, in presence of William Saye, notary, the bishop of Winchester, under his former protestations (that by this act he intended not to alter the nature of the cause), did constitute master Thomas Dockwray, John Clerke (proctors of the Arches), Thomas Somerset, James Basset, and James Wingfield, his proctors; jointly and severally — for him and in his name — to produce witnesses upon his matters purposed, and to be purposed, in this matter: and further, to do therein as he himself ought or should do, at all times, as well when he was present as absent. And likewise did constitute William Buckham and master Mitch, fellows in Trinity-hall in Cambridge, jointly and severally his proctors, to produce Dr. Redman before the king’s majesty’s subdelegates, and to require him to be received, sworn, and examined, upon the articles to the commission annexed; and promised to ratify the doings of his said proctors herein, being present hereat master Dr. Jeffrey, William Copinger, and John Davy, etc.

    THE FIFTEENTH SESSION AGAINST GARDINER The fifteenth action or session upon the matter of the bishop of Winchester was holden before Dr. Oliver, one of the king’s commissioners, in the presence of Thomas Argall, one of the two actuaries.

    The said day master Thomas Somerset, one of the bishop of Winchester’s proctors, according to the assignation made, and under former protestations, etc., did exhibit certain minutes, letters, and escripts, to declare the said bishop’s conformity from time to time, since the death of king Henry the Eighth, unto this present time; and also exhibited the same, as much as they should make for him in this cause, and not otherwise; videlieet first, five original letters, whereof three [were] from the duke of Somerset, one from master Cecil, and the others from master Brig and other the king’s visitors. Item, A book of statutes set forth in the second and third year of the king’s majesty that now is; wherein is contained An Act of Uniformity of the Service, and the Administration of the Sacrament throughout the realm. Item, The bishop of Winchester’s proxy exhibited in the visitation. Item, The copy of a letter printed and directed unto the preachers, from the duke of Somerset and others of the council. Item, Minutes of two letters from the bishop of Winchester to the duke of Somerset, then protector, from Winchester, before the said bishop’s committing to the Fleet, with copies of them. Item, Minutes of letters from the bishop of Winchester to the bishop of Canterbury in No. 3, with their copies. Item, Minutes of letters from the bishop of Winchester to the lords of the king’s majesty’s council, before his committing to the Fleet — in No. 2, with their copies. Item, Minutes of letters from the bishop of Winchester to the lord protector out of the Fleet — in No. 4, with their copies, Item, Minutes of letters from the bishop of Winchester to the lord protector, when he was committed to ward in his house — in No. 1. Item, Minutes of letters from the bishop to the lord protector, from Winchester — in No. 1.

    In the mean time before the bishop’s sending for to London, at which time he was sent to the Tower, all these said originals the said master Somerset required to have, when they were collated and conferred. THE SIXTEENTH SESSION AGAINST GARDINER.

    Another action or session upon the cause of Gardiner was in the house of the bishop of Ely, before the bishops of Ely and Lincoln, master Leyson, and master Oliver (Thomas Argall, actuary, being present), on Thursday, the 29th day of January, 1551.

    The same day and place, James Basset, one of the bishop of Winchester’s proctors, under the bishop’s former protestations, exhibiting, his proxy, etc, produced the reverend father Thomas, bishop of Norwich, on articles 1,2,3,4 of the first matter, and the 4th and 6th of the additionals; sir Edward Carne, on the articles 1,2 and 3 of the first matter; Thomas Babington, on articles 1,7,10,11 of the last matter; Maurice Griffith, clerk, on articles 3,4,35 and of the first matter, and the first article of the additionals, and on the twentieth of the last matter; Christopher Moulton, on articles 3,4,35 and 37 of the matter, and on the 20th of the matter contra exhibited; William Glyn clerk, on the 4th of the additionals; Thomas Nave, on articles 15,16 and 20 of the last matter; Oliver Wachell, on articles 13,15,16 and 18 of the last matter; Thomas Cotisforde, on the 7th of the last matter; Henry Burton on articles 9,15 and 16 of the last matter; Thomas Skerne, on the 15th and 16th of the last matter; Osmond Coware, on the 9th, 15th, and 16th of the last matter; John Cliff, on the 15th and 16th of the last matter; John Warner, on the 15th and the 16th of the last matter; John Seton, clerk, on articles 4,7,14,15,16,17,18 and 20 of the last matter; William Medowe, clerk, on the 1st of the additionals, and on articles 4,5,6,7,9,14,15,16,18 and 20 of the last matter; Thomas Watson, clerk, on the 1st of the additionsis, and on articles 4,7,9,13,14,15,16,17, and 20 of the last matter; John Potinger, on articles 2,3,5,6,15 and 16 of the last matter; John Temple, on the 13th of the last matter; Alexander Dering, on the 15th and 16th of the last matter; William Browne, on the 2d, 3d, 5th and 6th of the last matter — which witnesses the said judges did onerate with an oath, to depose of and upon all and singular such articles as they were produced upon, and the whole cause, and such interrogatories as should be ministered in the presence of Clapham and Lewis; approving the persons of the said bishop of Norwich, and sir Edward Carne; and protesting to say against their sayings, and the persons and sayings of all the other witnesses; and repeating the interrogatories before ministered, and requiring them to be examined on the same, and others to be ministered by them. Which done, the same James Basset (under the said bishop’s former protestations) alleged that the bishops of Durham, Worcester, and Chichester, were necessary witnesses to prove, etc.; and to have a commission for the examination of Dr. Steward, being prisoner in the Marshalsea. Whereupon the said judges, by one assent, committed their power to the bishop of Ely and Dr. Oliver, for the examination of the bishop of Durham; master Leyson for the examination of Dr. Steward; and the bishop of Lincoln for the examination of the bishops of Worcester and Chicheater in the Fleet.

    And forasmuch as mention is made, in this act, of certain interrogatories, as well of such as were to be ministered, as of the others being repeated before, the copy of them, which were afterwards ministered, here followeth in these words:

    INTERROGATORIES UPON THE FIRST ARTICLES ADDITIONAL. 1. Whether the bishop of London, in his said sermon, speaking of the presence of Christ in the sacrament, did use any of these words: ‘the real, corporal, or substantial presence,’ or the same adverbially; or any such like, and of the same effect, and what they were? 2. Item, Whether he did not bid his auditory to be content to delay the discussion of the secret of that matter, till it should be afterwards judged by learning and authority? Item, Whether he did not say, that he would, and did, show them the sentence of an old author, which was both a great learned man, and martyr; and only did cite the same for the manner of Christ’s presence in the sacrament, and who was the author, and what was the place?

    THE SEVENTEENTH SESSION AGAINST GARDINER.

    Another action upon the cause of Winchester was holden at Cold Harbor, before the bishops of Ely and Lincoln, and master doctor Oliver, with the presence of Thomas Argall, actuary, on Friday, the 30th day of January, 1551.

    James Basset, under the bishop of Winchester’s former protestations, produced Cuthbert, bishop of Durham, upon the 4th and 5th positions additional; John Bourne, clerk, on the 1st article of the same additionals; ‘Owen Oglethorp, doctor, on the articles 3,4 and 37 of the first matter or matter justificatory, the 5th article of the additionals, and the 10th article against the exhibits; whom the said judges did admit and onerate with an oath, to say the truth and the whole truth upon those articles, and such interrogatories as should be ministered in behalf of the office, in the presence of David Clapham, one of the promoters; approving the person of the said bishop of Durham: protesting, nevertheless, to say against his depositions, and the persons and sayings of the other witnesses, in case they deposed any thing prejudicial against the office; and repeating the interrogatories afore ministered, requiring the witnesses to be examined upon the same.

    THE EIGHTEENTH SESSION AGAINST GARDINER.

    The same Friday they also met in the Marshalsea in Southwark, master doctor Oliver and Thomas Argall being present, on the cause of Winchester.

    James Basset, under the bishop of Winchester’s former protestations, produced master Edmund Steward, clerk, on articles1,2,3,8,9,15 of the matter justificatory; and on articles 2,3,5,6,7, 9,15,16 and 18 of the matter against the exhibits; whom the said master doctor Oliver, at the petition of the same James Basset, did admit and onerate with an oath upon the premises, in the presence of David Clapham, one of the promoters aforesaid, protesting to say against the said witness and his testimony, in case he deposed against the office, and repeating these interrogatories afore ministered.

    The same Friday, in the Fleet [before] Henry, bishop of Lincoln, in the presence of Thomas Argall, etc. the said James Basset, under the former protestations, produced Nicholas, bishop of Worcester, in his chamber where he lieth there, and George, bishop of Chichester, in another chamber where he lieth, of and upon the 4th and 6th articles of the positions additional; when the bishop of Lincoln, them and either of them, did respectively onerate with an oath, to depose the whole truth that they and either of them knew, upon the said articles, and all such interrogatories as should be ministered unto them, in presence of David Clapham; protesting to say against them and their sayings, in case they deposed against the office.

    THE NINETEENTH SESSION AGAINST GARDINER.

    Saturday, the last day of January, 1551, there was a session in the house of Thomas Argall, before master John Oliver; the said Argall being present.

    James Basset, proctor, etc. under the bishop’s former protestations, did produce John Cooke, a witness before sworn, upon articles 2,3,5,6 and 14 of the matter against the exhibits; whom the said master Oliver did admit and swear, at the petition of the said Basset, in the presence of David Clapham, one of the promoters; protesting, etc. and repeating the interrogatories afore ministered.

    THE TWENTIETH SESSION AGAINST GARDINER.

    The twentieth session or action upon the cause of Winchester, with his appearance at Lambeth before the archbishop of Canterbury and the rest of the commissioners, (master Gosnall 124 ) only absent, Thomas Argall and William Say being present), was on Tuesday, the 3d day of February, anno 1551.

    The term probatory assigned to the bishop of Winchester, was prorogued to this day by nine of the clock afore noon; and, by the same time, it was assigned to transmit the examination of Dr.

    Redman. 125 And it,was also assigned to the said bishop of Winchester, to see further process, in this cause, between the hours of ten and eleven afore noon of this day. The said day, one Paul Hampcoats, on the behalf of master Edward Leedes, and master Michael Dunning, presented the process of the examination of master doctor Redman, at Cambridge, being sealed, and in authentical form, in the presence of the bishop of Winchester; under his former protestations, protesting that he intended not to revoke his proctors exhibiting the same process, as far as it made for him, and not otherwise; the promoters protesting to say against the said process, in case and as far as it should seem to make against the office.

    Then the bishop, under, his former protestations alleging master James Basset and master Jacques Wingfield to be neeessary witnesses for proof of certain articles by him purposed, desired that they might be admitted and sworn; at whose requiring the judge admitted them as far as the law would them to be admitted, and not else: whom they did then and there onerate with a corporal oath, to depose the truth, as they knew, upon such articles as they should be examined upon; the promoters protesting of the nullity of their production, for that they were the said bishop’s proctors, and had exercised in this cause for him; and, in case the production were of force in law, protesting to say against them and their sayings, in case and as far as the same should make against the office, and to repeat the interrogatories heretofore ministered against the other witnesses produced by the said bishop. And the said bishop, under his said protestations, for further satisfaction of the term assigned him to prove, did exhibit these writings ensuing; videlicet first, an original letter from the king’s majesty that dead is; and another original letter from the king’s majesty that now is, 126 as much as the same did make for his intent, and not otherwise; the promoter accepting the contents of the same letters as far as they made for the office; and none otherwise.

    The tenor and words of these two letters, sent to Gardiner from the aforesaid kings, albeit they seem to me not much to make for the bishop, yet, forasmuch as he doth here allege them, I thought not to omit them; the copies whereof thus ensue: — COPY OF A LETTER SENT FROM KING HENRY THE EIGHTH TO THE BISHOP OF WINCHESTER.

    Right reverend father in God, right trusty and well-beloved, we greet you well. Understanding, by your letters of the 2d of this instant, your mind touching such matter as hath lately, on our behalf, been opened to you by certain of our council, we have thought good, for answer, to signify that if your doings heretofore in this matter, had been agreeable to such fair words as ye have now written, neither you should have cause to write this excuse, nor we any occasion to answer the same; and we cannot but marvel at this part of your letter, that you never said nay, to any request made unto you for those lands, considering that this matter being propounded, and, at good length, debated with you, as well by our chancellor and secretary, as also by the chancellor of our Court of Augmentations, both jointly and apart you utterly refused to grow to any conformity in the same, saying, That you would make your answer to our own person: which, as we can be well contented to receive, and will not deny you audience at any meet time, when you shall make suit to be heard for your said answer, so we must, in the mean time, think, that if the remembrance of our benefits towards you had earnestly remained in your heart indeed, as you have now touched the same in words, you would not have been so precise in such a matter, wherein a great number of our subjects, and, amongst others, many of your own coat (although they have not had so good cause as you), have yet, without indenting, dealt both more lovingly, and more friendly with us. And, as touching you, our opinion was, that if our request had been for a free surrender, as it was for an exchange only, your duty had been to have done otherwise in this matter than you have: wherein, if you be yet disposed to show that conformity you write of, we see no cause why you should molest us any further therewith, being the same of such sort as may well enough be passed without officers there.

    Given under our signet, at our manor of Oatlands, the 4th of December, the thirty-eighth year of our reign.

    Also, then and there the said bishop did, under his said protestations, exhibit a letter written from Louvain by one Francis Driander, the contents whereof are hereunder expressed in Latin 126a as he wrote it, and the English whereof, as much as to the present purpose appertaineth, here followeth translated:

    PART OF A LETTER OF FRANCIS DRIANDER Before my departure from the city of Paris, I wrote unto you by our friend the Englishman, etc. Now the narration of your bishop of Winchester, shall satisfy and content you. He (the said bishop) as appertained to the ambassador of so noble a prince, came to Louvain with a great rout and bravery, and was there, at a private man’s house called Jeremy’s, most honorably entertained and received; where the faculty of divines, for honor’s sake, presented him wine in the name of the whole university. But our famous doctors, and learned masters, for that they would more deeply search and understand the learning and excellency of the prelate, perused and scanned a certain oration made by him, and now extant, entitled ‘De Vera Obedientia,’ which is as much as to say, in our English tongue, ‘Of True Obedience;’ in the which his oration he did greatly impair and subvert the supremacy of the bishop of Rome, and preferred his lord and king’s authority before the holy apostolic see, as they were wont to term it: which being read and considered by them, they did not only repent them, for attributing such their honor unto him, but also recanted what they had done before; and, like impudent persons, did not so much honor him afore, but now twice so much, with many obloquies and derisions, disabled and dishonored his person. But, in conclusion, Richard Lathomus, interpreter of the Terms, with the favorers of this fraternity, and other the champions of the falling church, boldly enterprised to dispute with him concerning the pope’s supremacy. The bishop stoutly defended his said oration. The divines, contrary, did stiffly maintain their opinion, and, divers times openly, with exclamation, called the said bishop an excommunicate person, and a schismatic; to the no little reproach and infamy of the English nation.

    I will not here repeat the arguments and reasons which were alleged on both parts, for the defense of the opinions of each side, for that lest, perhaps, to learned men, they shall not seem all of the strongest; and also, because it becometh me to save and preserve the estimation of either party. The bishop not long after, minding to say mass in St. Peter’s church, they did deny unto him, as to an excommunicate person, the ornaments and vestments meet for the same; wherewith being highly offended, he suddenly hastened his journey from thence. The dean, the next day after, made an eloquent oration, wherein he openly disgraced and defamed his person. I lament greatly their case, who so rashly, without any advisement, gave themselves to be mocked among grave and witty men. You have heard now a true story, for our doctor was the chief and principal doer of that tragedy.

    After this, the said bishop also exhibited a minute of a letter, sent by the said bishop out of the Fleet, to the duke of Somerset, the copy whereof ensueth:

    A LETTER OF GARDINER TO THE LORD PROTECTOR, OUT OF THE FLEET.

    After my most humble commendations to your good grace: This day I received your grace’s letters, with many sentences in them, whereof in some I take much comfort, and especially, in sending a physician; and for the rest that might grieve me, do so understand them as they grieve me not at all. If I have done amiss, the fault is mine; and I perceive your grace would not be grieved with me, unless I had offended. As for the council, I contend not with their doings, no more than he that pleadeth ‘not guilty’ doth blame the judge and quest that hath indicted him, and requireth on him. I acknowledge authority: I honor them and speak reverendly of them; and yet, if my conscience so telleth me, I must plead ‘not guilty,’ as I am not guilty of this imprisonment. And so must I say, unless I would accuse myself wrongfully; for I intended ever well.

    Howsoever I have written or spoken, I have spoken as I thought; and I have spoken it in place where I should speak it; at which time I was sorry at your grace’s absence, unto whom I had used like boldness, the rather upon warranty of your grace’s letter. But I have written truth, without any affection other than to the truth, and could answer the particularities of your grace’s letter shortly, were it not that I will not contend with your grace’s letters; unto whom I wrote simply for no such purposes as they be taken (not by your grace, but by others); for I trust your grace will not require of me to believe, that all the contents of your grace’s letter proceed specially from yourself, and, in the mean time, I can flatter myself otherwise than to take them so. Whereupon, if it shall further be applied unto me, that I do your grace wrong, being in the place ye represent, not to take your grace’s letters as though every syllable were of your grace’s device, being your hand set to them, I will be sorry for it. Thus I take the sum of your grace’s writing: that I should not, for any respect, withstand truth; and of that conformity I am. And to agree against the truth can do your grace no pleasure, for truth will continue, and untruth cannot endure; in the discerning whereof if I err, and, when all the rest were agreed if that were so, I only then cannot agree, yet I am out of the case of hatred: for I say as I think. And, if I think like a fool, and cannot say otherwise, then it shall be accounted as my punishment, and I to be reckoned among the indurate, who, nevertheless, heretofore had used myself (when no man impeached me for religion) as friend to friends; and although I were not (as is of some now thought) a good christian man, yet I was no evil civil man; and your grace, at our being with the emperor, had ever experience of me, that I was a good Englishman.

    Now I perceive I am noted to have two faults: one, not to like Erasmus’s Paraphrase; another, not to like my lord of Canterbury’s Homily of Salvation. Herein if I mislike that all the realm liketh, and, when I have been heard speak in open audience what I can say, can show no cause of my so doing, or else it cannot so be taken, yet should it be taken for no wouder, seeing the like hath been seen heretofore. And, though your grace will be sorry for it, I am sure you will love men never the worse: for I adventure as much as any man hath done, to save my conscience. And I do it, if it may be so taken, in the best fashion I can devise: for I accuse not the council, which I confess ought to be honored; and yet it is not always necessary for those which be committed by. the council to prison, ever more to appear guilty; for then should every prisoner plead guilty, for the avoiding of contention with the council. And, howsoever your grace be informed, I never gave advice, nor ever knew man committed to prison, for disagreeing to any doctrine, unless the same doctrine were established by a law of the realm before. And yet now it might be, that the council, in your grace’s absence, fearing all things, as rulers do in a commonwealth, might, upon a cause to them suspected, and without any blame, commit me to prison; with whom I have not striven in it, but humbly declared the matter with mine innocency, as one who never had conference in this matter with any man but such as came to me; and with them thus — to will them to say nothing. Because I thought myself, if I spake, would speak temperately, and I mistrusted others; being very loth of any trouble to ensue in your graee’s absence, and specially such absence as I feared in vain, (thanks be to God!) as the success hath showed: but not altogether without cause, seeing war is dangerous in the common sense of man, and the stronger hath had ever more the victory.

    I allege, in my letter to your grace, worldly respects, to avoid worldly reasons against me; but I make not my foundation of them.

    The world is mere vanity, which I may learn in mine own case, being now destitute of all such help as friendship, service, familiarity, or gentleness, seemed to have gotten me in this world.

    And if I had travailed my wit in consideration of it since I came hither (as, I thank God, I have not), it might have made me past reasoning ere this time. I reserve to myself a good opinion of your grace, being nothing diminished by these letters; in remembrance of whose advancement to honor, when I spake of chance, if I spake ‘ethnically,’ as you termed in your grace’s letters, then is the English Paraphrase to be condemned for that cause besides all other, wherein that word ‘chance’ is over common in my judgment.

    And yet, writing to your grace, I would not (being in this case) counterfeit a holiness in writing otherwise than my speech hath been heretofore, to call all that comes to pass, God’s doings; without whose work and permission nothing indeed is, and from whom is all virtue. And yet, in common speech, wherein I have been brought up, the names ‘fortune,’ and ‘chance’ have been used to be spoken in the advancement to nobility, and commended when virtue is joined with them. Wherein, me thinketh, it is greater praise, and more rare, to add virtue to fortune (as your grace hath done), than to have virtue go before fortune; which I wrote, not to flatter your grace, but to put you in remembrance what a thing it were, that, bearing in hand of such as might have credit with you, should cause you to enterprise that which might indirectly work what your grace mindeth not, and, by error in a virtuous pretense to the truth, advance that which is not truth: wherein I ask no further credit than that I can show shall persuade, which is one of the matters I kept in store to show against the Paraphrase, intending only to say truth, with suit to be heard, and instant request rather to be used, to utter that I can say, than to be here wasted after this sort. I can a great deal, and a great deal further than I have written to your grace; and vet am so assured of that I have already written, as I know I cannot therein be convicted of untruth. As for Erasmus himself, I wrote unto your grace what he writeth in his latter days, only to show you the man thoroughly.

    And [how] in speaking of the state of the church in his old days, [he] doth not so much further the bishop of Rome’s matters, as he did in his young days, being wanton; which Paraphrase if I can, with expense of my life, let from going abroad, I have done as good a deed, in my opinion, as ever was done in this realm, in the let of an enterprise: in which book I am now so well learned, and can show the matters I shall allege so plainly, as I fear no reproach in my so doing. And as for the English, either my lord of Canterbury shall say, for his defense, that he hath not read over the English, or confess more of himself than I will charge him with. Therefore I call that, the fault of inferior ministers whom my lord trusteth. The matter itself is over far out of the way, and the translating, also. In a long work (as your grace toucheth) a slumber is pardonable; but this translator was asleep when he began, having such faults.

    I cannot now write long letters, though I would; but, to conclude, I think there was never man had more plain evident matter to allege than I have, without winches, or arguments, or devices of wit. I mean plainly, and am furnished with plain matter, intending only plainness, and destitute of all man’s help, such as the world, in man’s judgment, should minister. I make my foundation only on the truth, which to hear, serveth for your graee’s purpose towards God, and the world also; and, being that, I shall say truth in deed and apparent. I doubt not your grace will regard it accordingly, for that only will maintain that your grace hath attained; that will uphold all things, and prosper all enterprises: wherein if I may have liberty to show that I know, I shall gladly do it; and, otherwise, abide that [which], by authority shall be determined of me, as patiently and quietly, as ever did man; continuing your grace’s bead-man, during my life, unto Almighty God; who have your grace in his tuition!

    And thus have ye the aforesaid letter sent from the Fleet to the lord protector. After this the said bishop did also exhibit another minute of a letter by him sent to the said duke from Winchester. Also another minute of a letter to the said duke from Winchester. Also another minute of a letter sent to the said duke from the said bishop when he was prisoner in his house, as he affirmed; the copy of which letters we have above specified, page 24. Also another minute of a letter in Latin, by him sent to master Cecil. And also a minute of a letter written from Ratisbon, to the king’s majesty that dead is, by the said bishop, subscribed with the hand of sir Henry Knivet, as he affirmed; which two last letters here mentioned be not yet come to our hands. All these letters abovesaid, he, under his former protestations, did exhibit as far as they made for his intent, and not otherwise; and required the same to be registered, and the originals to be to him delivered: which was decreed in presence of the promoters, protesting of the nullity of the exhibition of these letters, and of the same exhibits; alleging the same to be private writings, and not authentic, and such whereunto there ought no faith to be given in law; and accepting the contents of the said exhibits as much as they made for the office, and not otherwise. The said bishop, also, under like protestation as before, exhibited a book of Statutes of Parliament, of the first year of the king’s majesty’s reign that then was, concerning his general pardon. And, lastly, two papers of articles, 127 which the bishop affirmed were sent to him to preach, which likewise he did exhibit inasmuch as they made for his intent, and not otherwise, the promoters accepting the contents thereof, as far as they made for the office, and not otherwise.

    After all this, the judges, at the request of the said promoters, did publish the sayings and depositions of the witnesses examined in this cause, reserving the examinations of the two witnesses lastly sworn as afore; the bishop, under his former protestations, dissenting to the said publication.

    And now — forasmuch as we are come to the publication of the witnesses being in the acts before produced — here to perform what we have so oft promised before, it remaineth now to declare and bring forth, all such the aforesaid witnesses in order as they were examined. But yet before (to make the matter more plain and sensible to the reader, concerning the production and publication of these witnesses), first, here is to be noted and understood, that as these witnesses were not all produced and sworn at one time (as in the acts doth appear), nor for one part alone, but some against him, and some with him; so the cause and matter whereupon they were produced, was not one, but divers. For some were only produced upon the Articles by the office ministered against the bishop of Winchester: others were produced upon the Matters Justificatory, laid in by the bishop: certain upon the Positions Additional laid in by the said bishop: and, lastly, divers upon the Matter against the Exhibits laid in on the behalf of the office against him, according as here in order followeth:

    THE ATTESTATIONS OF ALL SUCH WITNESSES44 AS WERE PRODUCED, SWORN, AND EXAMINED, UPON THE ARTICLES MINISTERED BY THE OFFICE, AGAINST STEPHEN, BISHOP OF WINCHESTER. Sir Anthony Wingfield.

    Sir Anthony Wingfield, knight of the most honorable order of the garter, comptroller of the king’s most honorable household, and one of the king’s most honorable privy council, being sworn and examined, saith as followeth: To articles 1,2 and 3 he saith the contents thereof are true. To the 4th : he believeth the same to be true.

    To the 5th: he believeth the contents thereof to be true.

    To the 6th he saith, that he knoweth, that there have been divers complaints made against the said bishop, for his sayings, doings, and preachings, against the king’s majesty’s proceedings; for he, being one of the king’s majesty’s privy council, heard certain of the complaints made to the council, whereof part, he remembereth, was for being against the king’s majesty’s visitors at the time of his grace’s visitation in his diocese, in setting forth of the king’s majesty’s proceedings.

    To the 7th : he thinketh that the lords of the council have, often times, admonished him according to the said article.

    To the 8th article he saith, that after the said admonitions in the month of June, in the year articulate, the said bishop was called before the king’s most honorable council, at the king’s palace of Westminster; and then and there, on his majesty’s behalf, commanded to preach a sermon before his grace, on a certain day shortly after following; and therein to declare his conformity in declaring and setting forth the king’s majesty’s father’s, and his majesty’s, just and godly proceedings in matters of religion: and, to the intent he should do it the better, they delivered him the articles in writing, containing the effect as in the articles specified, which he should so declare; which he, receiving then and there, promised to declare and set forth. Nevertheless he (saying that he had been some time one of them, and that he was then a man of years, and not meet, then, to be set to school, to read, as it were, a lesson out of a book), required that he might not be commanded to read or declare them on the book; for he promised, in his sermon he would so set forth and declare them; that it should be much better than if he did read the said writing. And this he knoweth, for that he, the said deponent, was present with the said council at the said commandment given, and the articles’ delivering, and the promise by the said bishop made as afore.

    To the 9th he saith, that he (the said deponent) was at the said bishop’s sermon from the beginning to the end, and heard the same; and thereby perceived, that the said bishop did not set forth in his said sermon the said articles, neither according to the said commandment to him given, neither according to his own promise.

    To the 10th article: he cannot certainly depose upon the contents thereof. To the 11th article : he cannot certainly depose thereof.

    To articles 12,13 and 14 : he cannot depose.

    To the 15th article he saith, that the said 19th day of July, in the year articulate, this deponent was present with the rest of the privy council at Westminster, when the said bishop, being personally present, and having a submission and articles openly and distinctly read unto him, and required to subscribe the same, refused so to subscribe, because certain of the said articles did, as he then affirmed, mislike him; which this deponent cannot now specify.

    To the 16th and 17th he saith, he doth not now remember the sequestration made, but he was present, and heard the intimation read unto him, according as in the 17th article is contained.

    To the 18th he saith, the contents be true.

    To the 19th he saith, the contents are true as far as he knoweth. Upon the Interrogatories. 129 To the 1st he saith, he remembereth no such words spoken by the said bishop.

    To the 2d he saith, he remembereth no such words spoken by the bishop. To the 3d he saith, he remembereth no such request, nor words spoken. Anthony Wingfield.

    MASTER SECRETARY CECIL.

    Master William Cecil esquire, one of the two principal secretaries to the king’s majesty, of the age of twenty-seven years, sworn and examined. To articles 1,2 and 3 he saith, that they are true. To the 4th: he believeth it to be true. To the 5th : he believeth it to be true.

    To the 6th he saith, that of the bishop’s doings and sayings at the king’s majesty’s visitation, he can nothing depose; but at other times, since the said visitation, this deponent knoweth, that the said bishop had been often complained upon, for not doing his duty in furtherance of the king’s proceedings, of his certain knowledge; for that he (the said deponent), being attendant on the duke’s grace of Somerset, then protector, hath seen and heard the said complaints brought and presented in writing, and by mouth, to the said duke.

    To articles 7 and 8 he saith, that it is true, that in the month and year articulate, the said bishop was called before the king’s majesty’s council, at the palace of Westminster; and there, in the queen’s closet (as he slow remembereth), was charged with his disobedience in not conforming himself to the king’s majesty’s proceedings. And thereupon the said bishop, offering to show his conformity therein all ways possible that he might, was commanded to preach a sermon before his majesty, on a certain day about a fortnight thence ensuing, and therein to declare and set forth the effect of the articles specified in the said 7th position.

    And this he knoweth to be true, for that master Smith, then secretary, made this deponent then privy to the said articles, and was present and attendant on the council at the time of the delivery of them, and charge given to the said bishop. At which time he heard the said bishop, in the taking of them, require that he might be trusted to set them forth, not like a scholar to read them upon the book, but to handle them more largely, as his matter should serve him; promising that, that ways, he would set them forth better than they were penned to him. And as touching the first article, of. the king’s supremacy, promised to set it forth much better than it was conceived in writing.

    To the 9th article he saith, that he was at the said bishop’s said sermon, having a copy of the said articles then with him; and gave good heed to conceive the said sermon from the beginning to the end, and how therein the bishop accomplished his said promise and duty; and, as he said, omitted divers things that he was commanded, as afore, to set forth: and divers other things he handled in such doubtful sort, as at that time this examinate thought it had been better he had never spoken of them; and namely the king’s supremacy, and of the bishop of Rome’s authority.

    To the 10th article he saith, that the contents of the said article were true, for, he said, that he, the said deponent, was sent to the said bishop by the lord protector, in the king’s name, to declare unto him great inconveniences risen among the people for an evil opinion of the king’s authority in his young years; namely, in the county of Cornwall, where the people had, a little before, slain one Body in executing certain injunctions of the king; and held then opinion, that the commandments of the king were of no force during his young years otherwise than they did agree with his father’s proceedings. Wherefore he required him, in the king’s name, at his next sermon, preached on St. Peter’s day, as afore, to teach the people the truth in that matter. Whereunto the bishop made answer, that he was very glad to be desired to speak in that matter, because he could speak as well, and as much in it, as any one in this realm; declaring, that he had treated, in the king’s days that dead is, upon that matter for the defense of the young queen of Scots’ authority, to make a pact of marriage with the king’s majesty, now our sovereign, in her young years. After which talk the said deponent entered into the other part of his message, which was, to require him that he would in no wise meddle with any matter in his sermon being in controversy for the mass or the sacrament; declaring unto him at length divers inconveniences that might follow thereupon. Whereunto the said bishop made answer, that he could not, in his conscience, refrain to speak thereof as he thought, and prayed that he might not be straited therein like a child: but, in the end, resolved to do so well therein, as the said lord protector and the council should be well pleased with him.

    Whereupon this examinate, returning his answer to the said lord protector, the latter part of the same was much misliked. And therefore this examinate was, by the said lord protector, commanded to take a letter unto him from the lord protector, in the king’s majesty’s name, the day before his said sermon, among other things commanding him expressly, not to treat of any matter in controversy touching the said mass, for causes and considerations thereof contained in the said letter; which letter the said lord protector signed at Sion, and sent it unto the said bishop by a special messenger, who, returning that night, declared the deliverance thereof; the very and true copy of which letter remaineth with this deponent, as he said. And he said, that, notwithstanding the premises, the said bishop did, in his said sermon, declare his private opinion in the said matters, forbidden him as afore.

    To the other articles he saith, he could not certainly depose upon the contents of the said articles. Upon the Interrogatories. — To the 1st he answered, that he did not remember that the said bishop spake anything of the first part (of the interrogatory touching his agreement with the rulers), but, for the finding fault with the lower part, he remembereth that the bishop did entreat thereof.

    By me, William Cecil.

    SIR RALPH SADLER.

    Sir Ralph Sadler knight, one of the king’s majesty’s most honorable privy council, of the age of 43 years, sworn and examined.

    To articles 1,2 and 3 he saith, they are true.

    To the 4th : he thinketh it is true; but he cannot certainly depose.

    To the 5th : he believeth the same to be true.

    To the 6th he saith, that he, being present with the council, in the council-chamber, had sundry times heard the said bishop named and noted to be no favourer of the king’s majesty’s proceedings; and reported, also, that men abroad did marvel that he was so suffered to do and preach as he did, contrary to the king’s proceedings.

    To the 7th he saith, it is true of his certain knowledge; for he was then one of the council, and present when the said admonition was given unto him.

    To the 8th he saith, the said article is true; for he (the said deponent) was present with the said council at Westminster, in the month articulate, when the articles mentioned in this position were delivered unto him, and he commanded to set them forth accordingly, in a sermon to be made before the king; who, then and there, promised to set forth the matters contained in this article, and the justness of the king’s majesty’s proceedings concerning those matters, more amply and in better sort, than was contained in the said writing delivered unto him: requiring that he might not be constrained to read them upon the book, but to set them forth by mouth, in his said sermon; which he promised to do more amply, and much better, than was contained in the articles, praying my lords of the council to credit him therein; saying these, or like words: ‘Why should you mistrust me, for, if I do not as you command me, I remain still in your hands.’

    To the 9th he saith, that the contents thereof are true, for this deponent was present at his sermon from the beginning to the end, and understood that he did not declare the said matters in such sort as he was commanded, and as he afore promised to do; insomuch that this deponent, and divers others (as well of the council as others), such as he conferred withal upon his said sermon, were much offended for the same.

    To the 10th article he saith, the said article is true, for he knoweth he was both sent unto, and written unto, to forbear to speak of these two matters: contrary to which commandment he heard the said bishop, in his said sermon, speak of both the said matters.

    To articles 11,12,13,14,15,16,17,18 and 19 : he knoweth nothing certainly of the contents therein. Upon the Interrogatories . — To the 1st interrogatory he saith, that he doth remember no such thing.

    To the 2d and 3d he answereth, that he remembereth not that the said bishop spake those very words contained in the interrogatories; but well he remembereth the bishop had long talk with him tending much to the same effect.

    By me, Ralph Sadler.

    SIR THOMAS CHALONER.

    Sir Thomas Chaloner knight, one of the clerks of the king’s most honorable council, of the age of 30 years, sworn and examined.

    To articles 1,2 and 3 he saith, the same contain truth.

    To the 4th : he believeth it is true.

    To the 5th : he believeth the same to be true.

    To the 6th he saith, that the said bishop had been sundry times complained upon to the king’s majesty’s council, for the causes expressed in this article, of this deponent’s certain knowledge; for he was personally present and attendant on the said council, when he heard such complaint made.

    To the 7th he saith, it is true, for he hath been present, as afore, when he hath heard the said council admonish the said bishop, as in this article is contained.

    To the 8th he saith, that upon the said bishop’s imprisonment in the Fleet, and his often suit to be delivered, at the last (after sundry conferences had with the said bishop of the privy council, and their report of the hope they conceived that he would be conformable to the king’s majesty’s proceedings in those things whereupon his said imprisonment ensued), the whole council thought good he should be released out of prison. And furthermore concluded, that for evident demonstration of his reformation, the bishop should preach a sermon before the king’s majesty, at the time in this article expressed. Also this deponent saith, that the lords, and others of the council, debated among themselves what points he should treat of in his said sermon. Whereupon, either sir Thomas Smith (then one of the king’s majesty’s secretaries), or master Cecil, was commanded to pen certain articles by the lords agreed upon, which this deponent supposeth to be those which in this article are set forth; but he cannot now certainly remember which thing particularly, and therefore cannot certainly affirm them to be in each point the same. But this he remembcreth, that upon thepenning and digesting, of those articles in writing, and reading the same to the council, they appointed either sir Thomas Smith, or some other (whom he certainly remembereth not), to exhibit them unto the said bishop, on the council’s behalf, accordingly: which delivery or receiving of them by the bishop, this deponent can no otherwise depose of; saving that, afterwards, he well doth remember that those of the council who in this behalf had travailed, and had conference with the said bishop, declared to the rest of the council assembled together (this deponent standing by), that they had spoken with the bishop, and exhibited those articles unto him to read, telling him thereupon, that it was the king’s majesty’s pleasure, by the council’s advice, that at the day of his preaching prefixed, he should, in his sermon, peculiarly set forth and preach and treat upon those articles contained in that writing. Whereupon the bishop required them (as they say) to be means for him unto the king’s majesty, that he should not, like a scholar, be set as it were to his task, to be taught his lesson by book; adding, that those articles, as they were penned, were not so ample as he would enlarge them in his sermon, but rather too scant; and that, in his sermon, be would do more than was required of him: with such like words. So that upon this report of the said bishop’s words, the whole council there assembled, conceived such hope of the bishop’s conformity, as they resolved to permit to the bishop’s choice, to treat of the aforesaid articles, in his sermon, after what sort he thought best; the substance of the matter always reserved.

    Now whether aught were afterwards altered of this the council’s order and determination, this deponent cannot depose, not being used for any minister in that altair.

    To the 9th article he saith, he cannot depose, for that he was not present at the whole sermon.

    To the 10th he saith, and well remembereth, that it was by the lords, for certain respects, thought not expedient that the bishop should, in his sermon, treat and touch any part of the matter then in controversy concerning the Sacrament of the Altar; and therefore concluded among themselves, that he should be commanded, from the king’s majesty, not to meddle aught in his sermon on that point; which commandment, like as he believeth, was delivered unto him at the time of the delivery of the said articles before mentioned, or at some other time before his sermon; [but] so he cannot specially affirm the same, because he was not present thereat.

    To the 11th : he remembereth that certain lords, and others of the council, were sent unto the bishop, to travail with him for his reducement to a conformity; but the particulars he cannot depose of.

    To the 12th : he remembereth such a letter sent, signed by the king’s majesty, was read before the council, and that certain were assigned to deliver the same to the bishop; and more he cannot depose.

    To the 13th : he can no further depose than as before.

    To the 14th : he remembereth that another submission was also read at the council-board, before them, to be sent also to the bishop; the particularities whereof he doth not remember, nor more can he depose.

    To the 15th : he remembereth it well, that he refused the said subscription, this deponent being then present.

    To the 16th and 17th : he doth remember well, for he was present, and saw it entered into the register-book of the council. To the 18th: it is true. To the last: he cannot tell. Upon the Interrogatories. — To the 13th interrogatory he answered, that he was not throughly present at the bishop’s sermon, and therefore heard no such thing as, in the said interrogatory, is mentioned.

    The 2d and 3d do not concern the said respondent. By me, Thomas Chaloner.

    MASTER NICHOLAS THROGMORTON.

    Master Nicholas Throgmorton esquire, one of the gentlemen of the king’s majesty’s privy chamber, of the age of 35 years, sworn and examined, saith as ensueth.

    To articles 1,2 and 3 he saith, those articles be true.

    To the 4th he cannot depose.

    To the 5th he saith, that he thinketh this article containeth truth.

    To the 6th he cannot depose. To the 7th he cannot depose.

    To the 8th he saith, he cannot depose anything on this article.

    To the 9th : that he was not privy what commandment was given to the bishop of Winchester, nor what he promised to do; and therefore cannot depose, of his own knowledge, whether he did break the said commandment and promise, or not. And besides, this examinate was present at the sermon made in the day mentioned in these articles; but, he saith, he stood so far off; and in such a thrust of the people, as he could not well hear, at all times, what was said by the said bishop in the time of his said sermon.

    To the 10th article, and to all the rest of the articles, he saith, he cannot depose. Upon the Interrogatories. — To the 1st interrogatory, he saith, he can nothing depose, nor answer certainly thereof, for causes afore by him deposed. Nicholas Throgmorton.

    SIR THOMAS WROTHE.

    Sir Thomas Wrothe knight, one of the king’s majesty’s privy chamber, of the age of 32 years, or thereabouts, sworn and examined, answereth. To articles 1,2 and 3 he saith, they be true.

    To the 4th : he cannot depose thereof.

    To the 5th he saith, that all the king’s subjects disobeying his majesty’s laws, injunctions, and ordinances, ought to be punished.

    To the 6th he saith, he cannot depose thereof of his certain knowledge, but only that he hath so [heard] reported.

    To the 7th : he hath heard so reported; and, otherwise, he knoweth not. To the 8th he saith, that he heard say the bishop had a commandment given him, to set forth certain articles touching the king’s proceedings; but what they were, certainly he cannot depose.

    To the 9th he saith, that he was present at his [the bishop’s] sermon from the beginning to the end, in the day mentioned in the article, and in a place where he might, and as he thinketh did, hear all that the said bishop then said. And saith, that he heard not the said bishop speak any word that the king’s majesty’s authority was, and should be, as great now, in his grace’s young years, as if his grace were of many more years; for, if he had, this deponent saith, he should have heard it. For, hearing afore that the said bishop should preach thereof, he gave more heed to hear and note if he spake thereof, as he doubteth not he did not. As for the rest of the matters mentioned in the 8th article afore, what and how he spake of them, he doth not now perfectly remember.

    To the 10th article he saith, that he cannot tell whether the said bishop were inhibited to speak of the mass and communion articulate, then commonly called the Sacrament of the Altar, or not; but he is assured that he heard speak of both in his said sermon.

    To the other articles he saith, he knoweth not of the contents thereof of his own knowledge; but that he hath heard so reported. Upon the Interrogatories. — To the 1st he saith, he doth not presently remember whether the said bishop, in his said sermon, spake according as in the interrogatories is contained, or no. Thomas Wrothe.

    MASTER JOHN CHEKE.

    Master John Cheke esquire, of the age of 36 years; a witness sworn and examined.

    To the articles 1,2 and 3 he saith, the same do contain truth. To the 4th article: he thinketh the same to be true. To the 5th he saith, it is trne.

    To the 6th and 7th he saith, he believeth the contents thereof to be true, and so, he saith, he hath heard reported: but otherwise he cannot depose of his certain knowledge.

    To the 8th article he saith, that he (the said deponent), being at the king’s palace at Westminster, in June articulate, saw the said bishop of Winchester attendant upon the council; and then and there heard it credibly reported, that the said bishop had in commandment to preach a sermon afore the king’s highness, and therein to declare the effect of the articles mentioned in this position. And otherwise, he cannot certainly depose.

    To the 9th he saith, that he (the said examinate) was personally present at the said bishop’s sermon preached before the king’s majesty the day and year articulate, standing beside the king’s majesty’s person, where he might and did perfectly hear the said bishop from the beginning to the end of the said sermon: in which the said bishop spake nothing of the king’s majesty’s authority to be of like force now, in his young years, as when his grace is of more years; for, if he had, this deponent (for the causes aforesaid) must needs have heard it. And for that also — because he heard say, that that article was among others specially enjoined to the said bishop — this deponent was the more attentive to hear him set forth the same, which, he saith, he did not. And saith also, that the said bishop, entreating in his said sermon of the bishop of Rome, and [of] other articles the specialties of which he doth not now remember, handled them in [such] doubtful sort, that this deponent, at that time, judged it much better that the said bishop had not spoken of them at all, than to do as he did.

    To the 10th article he saith, that he cannot depose of the commandments given. But he heard the said bishop, in his said sermon, speak both of the mass, and of the communion (then commonly called the Sacrament of the Altar). To the residue, he saith, he cannot certainly depose; but that he hath heard so reported. Upon the Interrogatories. Examined also upon the 1st interrogatory ministered by the bishop, he saith, that he thinketh the said bishop did not speak particulate, nor the like; for he doth not remember he heard him speak so, or like. John Cheke.

    SIR THOMAS SMITH.

    Sir Thomas Smith knight, of the age of 33 years, sworn and examined. To the articles 1,2, and 3 he saith, that they contain truth. To the 4th : he knoweth it not.

    To the 5th : he believeth the same to be true.

    To articles 6 and 7 he saith, that he thinks the contents of the same to he true; but, he saith, he hath no certain knowledge thereof.

    To the 8th article he saith, it is true, so far as he shall hereafter consequently declare; for, he saith, that upon such complaints and admonitions as are there specified, as might appear in the proceedings of the council, my lord of Somerset, then protector, sent divers times this deponent to the said bishop, to travail with him to agree to certain of the king’s majesty’s proceedings, and to promise to set them forth in sermon, or otherwise. And so this deponent did travail, and master Cecil also. And hereupon certain articles, by commandment of the king’s majesty’s council, were drawn forth by this deponent, and master Cecil; to the which the said bishop should show his consent, and to agree to preach and set forth the same. And, after divers times of travailing with the said bishop (as well by this deponent, as by the said master Cecil), to bring the said bishop to a conformity herein, and upon some hope of conformity, the said bishop was sent for by the lords of the council to the palace at Westminster, into a chamber in the garden there; and there he had the articles (the effect whereof, he saith, is mentioned and contained in this article, written to him in a sheet of paper), to debate and deliberate with himself upon them. Then and there was sent to him the lord of Wiltshire, to travail with him, to bring him to a full agreement to set forth the said articles. And after the said bishop had showed to the said lord (as the said lord reported to the council) some conformity therein, the said lord of Wiltshire, with this deponent to wait on him, was eftsoons sent to the said bishop, to take his final resolution; at whose coming the said bishop showed great conformity to be willing to set forth the said articles in his sermon, or otherwise, as it should seem meet to the council: only he required, not to have his lesson given unto him in writing, as a boy (for so he termed it), but that it might be put to his discretion; and so he would do it better than they looked for.

    Upon this relation to the lords of the council then sitting, the said bishop was sent for up to the council-chamber, and, then and there, before the lords of the council then present, he made the same request. And, at much entreaty of him, and great show of conformity to do it, made, a day was appointed unto him to preach a sermon, in the which he should declare all those articles. And he then and there [was] commanded to do it, and promised to do them much better, and more for their minds, than it was in the articles.

    Marry for order, he required to bring them in, as his matter served.

    And, the more to persuade the lords herein, he used these persuasions: That it was a shame for him, who had been noted for a learned man, to have his lesson taught him as a boy; and that he had been trusted with embassage, and greater matters titan these. ‘And,’ said he, ‘if I should deceive you, my lords, I am still in your hands: I am in your order.’ Upon this he (the said bishop) had the said articles left with him, which contain in effect those matters which are mentioned in this article; and that the said deponent remembereth the better, for divers had copies then delivered of the articles, whereof one copy master doctor Coxe had, of this deponent’s clerk’s writing. Those articles the said bishop was commanded to preach. A day was given him, and he promised to do it; and so he was dismissed at that time. The next day, this deponent saith that he departed from the court, and took his journey towards Flanders; and, therefore, how the said bishop preached, he cannot tell.

    Upon the other articles he saith, he cannot certainly depose upon the contents of them. Upon the Interrogatories. — To the 1st he saith, he was not at his sermon; and therefore cannot answer thereto.

    To the 2d and 3d : he can nothing declare thereof. Thomas Smith.

    DR. RICHARD COXE.

    Master Richard Coxe, doctor of divinity, almoner to the king’s majesty, of the age of 51 years; sworn and examined of and upon certain articles mini-stored against the bishop of Winchester.

    To articles 1,2 and 3 he saith, they are true. To the 4th article he cannot depose. To the 5th he saith, it is true.

    To the 6th he answereth, that he was complained upon, as he heard say, by Dr. Ayre and Dr. Tonge unto the king’s majesty’s council, for the said Dr. Ayre and Dr. Tonge, being prebendaries of Winchester, were sent together by the king, to preach and set forth the king’s proceedings, forasmuch as the bishop there had preached against his majesty’s said proceedings, and that the said Dr. Ayre and Dr. Tonge showed unto this deponent, that the said bishop entered before them into the pulpit, and there said, ‘I hear say, that there be preachers sent into my diocese to preach. I trust you will believe no doctrine but such, ‘is I have taught you: you will not believe them that you never heard before.’ Whereupon the audience of the said preachers, Dr. Tonge and Dr. Ayre, was but very slender. Being demanded what time it was, he saith it was more than two years and a half now past, as far as he now remembereth.

    To the 7th article he saith, it containeth truth, as he heard say.

    To the 8th article he answereth, that the contents therein are true, for so he heard certain of the king’s majesty’s council, videlicet, my lord of Somerset, my lord Paget, sir Thomas Smith, and others: and also he heard of the king’s majesty himself. Being demanded about what time, he answered, that it was about the time articulate.

    To the 9th , unto this place ‘his highness’s reign,’ he answereth, and believeth, that that part is true, for that he heard it spoken of the king’s majesty, and the duke of Somerset.

    And to the other part of the said articles he saith, that the said bishop — in his said sermon, made upon St. Peter’s day, before the king’s majesty at Westminster, was two years at Midsummer last past (at which sermon this deponent was present, hearing and observing the said sermon), said: ‘Tu es Petrus, etc. The bishop of Rome could claim no superiority by this text: in case it made any thing for Peter, the bishop of Rome was not entailed thereby.’

    The said bishop of Winchester brought no Scriptures, doctors, nor council against him. He compared him to a schoolmaster, a councillor, and to the head and fountain of waters: ‘insomuch,’ quoth he, ‘that if in case the realm should fall into an ignorance and a barbarousness, then the king may take him to be a councillor, and to be ordered after him.’ And as touching religious houses and monasteries, the said bishop, in his said sermon said, that religious men, for abusing their garments and cowls, and many other things, at length were evil served, and lost all together. And said there, that the vow of chastity was not taken away; but their vow of