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from the bishopric of London, and further as
in the same appeareth, in tenor as followeth :

Sententia deprivationis lata contra Edmundum
London. Episcopum.

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

"IN Dei nomine, Amen. Nos Thomas miseratione divina Cantuar. Archiepiscop. totius Anglia Primas & Metropolitanus, Nicholaus eadem miseratione Roffensis Episcopus, Thomas Smith miles, illustrissimi in Christo principis & Domini nostri Domini Edwardi sexti, Dei gratia, Angliæ, Franciæ, & Hyberniæ Re gis, fidei defensoris, & In terris Ecclesiæ Anglicanæ supremi capitis, Secretariorum principalium alter, & Wilhelmus May, Juris Civilis Doctor, Ecclesia Cathedralis divi Pauli decanus, dicti illustrissimi principis, & domini nostris regis, ad infra scripta, una cum eximio viro domino Wilhelmo Petro Milite, eju-dem screnissimæ regiæ majestatis etiam Secretariorum principalium altero, Commissarii sive Judices delegati cum ista clausa, videlicet, Deputamus vos quinque, quatuor vel tres vestrum, &c. Rectè & legitimè deputati con tra te Edmundum permissione divina London. Episcopum in causa & causis, in literis Commissionalibus dictæ serenissimæ Regiæ Majes tatis express. & specificat. ritè & legitimè procedentes & judicialiter inquirentes, auditisque per nos & intellectis ac primo examine debit. mature discussis meritis & circumstantiis causa & causarum inquisitionis ejusmodi, servatisque ulterius per nos de jure in hac parte servandis in præsentia tui Episcopi antedicti, judicialiter coram nobis constituti, ac protestantis de coac. tione, & de cæteris, prout in ultima protesta tione hodie per te facta continetur, ad definitio nem causæ & causarum hujusmodi, prolationem. que sententiæ, nostræ sive nostri finalis decreti, super eisdem ferendam sic duximus procedendum, & procedimus in hunc qui sequitur mo dum. Quia tam per acta inactitata, deducta, proposita, exhibita, allegata, probata, pariter

ta, habita & justa, quam per confessionem tuaid propriam, factique notorietatem, & alia legiti ma documenta, evidentem invenimus, & comThen the dean of Paul's said unto him, That pertum habemus te præfatum Episcopum Lonhe marvelled much, and was very sorry to see don. inter cætera, pro meliori officii tui pastohim so untractable, that he would not suffer ralis administratione, in mandatis habuisse, ut the judges to speak. To whom the bishop dis- de his qui duas aut tres uxores ut maritos in dainfully answered; Well,master dean, you must unum haberent, aut qui externos & non prosay somewhat. And likewise at another time batos Ecclesiæ ritus in hoc regno sequerentur, as the dean was speaking, be interrupted him quibus rebus tua Diocesis Londinensis, præci and said, You may speak when your turn com- puè erat infamata, inquireres, teque ea facere eth. Then said secretary Smith, I would you omnino neglexisse: Item expresse tibi per Reknew your duty. I would quoth he again, giam Majestatem præscriptum fuisse, ut ipse you knew it as well as I with an infinite Episcopus adesses concionibus ad crucem Pauli deal more of other such stubborn and contemp-hibitis, tam ut eas honestares tua præsentia, tuous talk and behaviour towards them. Which the commissioners weighing, and perceiving no likelihood of any tractable reason in him, determined that the archbishop, with their whole consent, should at that present there openly read and pubash their final decree or sentence definitive against him. Which he did, proBouncing him therely to be clean deprived

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quam ut possis eos accusare, (si qui male ibidem coucionarentur) te tamen contra non solum abissc, sed etiam scriptis literis, Majorem London. & Aldermannos, ut inde recederent admonuisse & exhortatum fuisse: Item, inter alia quoque per Regiam Majestatem tibi injuncti in 'mandatis tibi datum fuisse, quod art.culum quendam, statum reipublicæ tunc per

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niciossima rebellione proditorum contra illum articulum sentientium gravissime perturbatæ præcipue concernent, & propterea supremum,necessarium, & specialiter tibi injunctum, videlicet;" 'Ye shall also set forth in your seimon, that our authority of our royal power is, as of truth 'it is, of no less authority and force in this our younger age, than is and was of any of our predecessors, though the same were much elder, as may appear by example of Josias and other young kings in scripture. Aud 'therefore all our subjects to be no less boundment, and the witness aforesaid and other pre

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

to the obedience of our precepts, laws and statutes, than if we were thirty or torty years of age. Apud crucem sive suggestum Divi Pauli London. certo die tibi in ea parte præfixo, & limitato in publica tua concione, tunc & ibidem populo recitares, & explicares, teque modo & forma præmissa eundem articulum juxta mandatum,, & officii tui debitum recitare & explicare minime curasse, sed contumaciter & inobedienter omisisse, in maximum Regia Majestatis contemptum, ac in ejus regni prajudicium non modicum, necnon in subditorum suorum malum & perniciosum exemplum, contumaciamque & inobedientiam multi licem tam in hac nostra inquisitione, quam alias perpetrasse, commisisse & contraxisse; Idcirco nos Thomas Cantuariensis Archiepiscopus Primas & Metropolitanus, judexque delegatus antedictus, Christi nomme primitus invocato, ac ipsum solum Deum oculis nostris præponentes, de & Cum expresso consensu pariter & assensu Col- This talk finished, the Archbishop considerlegarum nostrorum prædictorum unà nobiscuming that most of the audience there present assidentium, deque & cum concilio Jurisperitorum, cum quibus communicavimus in hac parte, Te Edmundum London. Episcopum antedictum à tuo Episcopatu London, una cum suis juribus & pertinentibus commoditatibus, & cæteris emolumentis quibuscunque deprivandum & prorsus amovendum fore de jure debere, pronunciamus, decernimus & declaramus, prout per præsentes sic deprivamus & amovemus per hanc nostrain sententiam definitivam, sive hoc nostrum finale decretuin, quam sive quod ferimus & promulgamus in his scriptis."

Which ended, the Bishop immediat ly did therefrom appeal by word of mouth, alledging, that the same sentence there given against him, was lex nulla. The tenour of whose words I thought here to express, according as they were by him uttered, in this wise as followeth: "I Edmund bishop of London, brought in and kept here as a prisoner against my consent and will, do under my former protestation heretofore made, and to the intent it may also appear, that I have not, being so here in this place, consented nor agreed to any thing done against me and in my prejudice, alledge and say that this sentence given here against me, is lex nulla; and so far forth as it shall appear to be aliqua, I do say it is iniqua & injusta, and that therefore I do from it, as iniqua & injusta, appeal to the most excellent and noble king Edward the 6th, by the grace of God, king of England, France, and Ireland, defender of the faith, and of the Church of England and also Ireland,

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

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

against me by the said persons. And your said lordships, over and besides the furtherance of justice many ways herein to me and other, and the collection of the king's majesty's subsidy now to be levied of the clergy in my diocese, which hitherto hath been and is stayed by reason of the premises, shall also bind me most greatly and intirely to pray daily for the good preservation of your said most honourable good lordships in all honour, felicity, and joy,

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

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

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

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

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

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

* "Queen Mary no sooner ascended the throne, than Bonner was restored to his honours, and made President of the Convocation, instead of Cranmer now disgraced. In his new office he displayed all the native ferocity of his character. He not only dismissed and excommunicated several of the clergy, but he committed some hundreds to the flames for not renouncing the doctrines of the Reformation, and on every accusation shewed himself the worthy minister of a bloody reign. On the death of Mary he paid his respects to the new queen, but Elizabeth turned away from a man stained with the blood of suffering innocence, and the bigoted ecclesiastic soon after, when summoned before the Council, refused to take the oaths of allegiance, and was again deprived of his bishopric, and imprisoned. He died about the 10th year of his confinement, 5th of September 1569, and as he was excommunicated, his body was privately buried at midnight in St. George's church-yard, Southwark, that a public ceremony might not draw more strongly the indignation of the populace against his remains. In

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soons, after diligent discussion and considerate advisement had of all and singular the premises gave their resolute answer that the pretended appellation of Edmund Bonner aforesaid was naught and unreasonable, and in no wise to be referred unto, and that the sentence was rightly and justly pronounced. And this was the conclusion of Bonner's whole matter and Deprivation.*

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

"In the first edition of Fox's Acts and Monuments, there is a wooden print of Bonner in the act of whipping Thomas Hinshawe. Sir John Harrington tells us, that when Bonner was shewn this print in the book of Martyrs on purpose to vex him, he laughed at it saying, A vengeance on the fool, how could he get my picture drawn so right. This man, whom nature seems to have designed for an executioner, was an ecclesiastical judge in the reign of Mary. He is reported to have condemned no less than 200 innocent persons to the flames; and to have caused great numbers to suffer imprisonment, racks, and tortures. He was remarkably fat and corpulent; which made one say to him, that he was full of guts, but empty of bowels.' He died in the Marshalsea, the 5th Sept. 1569." Grainger.

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

MR. Fox introduces this short but interesting procedure thus:

life in queen Mary's cause, in that he would' not subscribe to the uninheriting of her by The first day of October 1553, queen Mary the king's will, yet for that he did at a quarter was crowned at Westminster, and the 10th of sessions give charge upon the statutes made in the same month of October then following began the time of king Henry the 8th and Edward the parliament with a solemn mass of the Holy the 6th, for the supremacy and religion, he Ghost, after the popish manner, celebrated with was imprisoned in the Marshalsea, Counter, great pomp in the palace of Westminster. and Fleet, and so cruelly handled and put in Mass being done, the queen, accompanied fear by talk that the Warden of the Fleet used with the estates of the realm, was brought into to have in his hearing, of such torments as were the parliament house, there according to the in preparing for heretics, (or for what other manner to enter and begin the consultation, at cause God knoweth) that he sought to rid himwhich consultation or parliament were repealed self out of this life by wounding himself with a all statutes made in the time of king Henry the knife; and afterward was contented to say as 8th for Premunire, and statutes made in king they willed him; whereupon he was discharged, Edward the 6th's time for Administration of but after that he never rested till he had Common Prayer and the Sacrament in the Eng-drowned himself in a river, half a mile from his lish tongue. And such as would stick to the laws made in king Edward's time, till others should be established, some of them were marked, and some presently apprehended. Among whom sir James Hales, a knight of Kent, and justice of the common pleas, was one; who notwithstanding he had ventured his

house in Kent.

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

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

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

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

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

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

science.

Hales. My lord, you may do well to search your own conscience; for mine is better known to myself than to you: and to be plain, I did as well use justice in your said mass case by my conscience, as by law, wherein I am fully

bent to stand in trial to the uttermost that can be objected. And if I have therein done any injury or wrong, let me be judged by the law; for I will seek no better defence, considering chiefly that it is my profession.

Cha. Why master Hales, although you had the rigour of the law on your side, yet ye might have had regard to the queen's highness present doings in that case. And further, although ye seem to be more than precise in the law, yet I think ye would be very loth to yield to the extremity of such advantage as might be gathered against your proceedings in the law, as ye have sometime taken upon you in place of justice, and if it were well tried, I believe ye should not be well able to stand honestly thereto.

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

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

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

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

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

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Hales. I thank your lordship and as for my vocation, being both a burden and a charge more than ever I desired to take upon me; whensoever it shall please the queen's highness to ease me thereof, I shall most huinbly with due contentation obey the same; and so he departed from the bar.

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

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

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