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VI.

Edward and propound, before you being a public notary, and these credible witnesses here present, that although I, the aforesaid Edmund, have attained the bishopric A. D. aforesaid by the benevolence of the prince of famous memory king Henry the 1549. Eighth, and was lawfully elected and translated to the same, with his rites and

Bonner requireth

things

to be

appurtenances, and have of a long time possessed peaceably and quietly the same, and presently do possess, being taken as bishop and lawful possessor of the said bishopric, and am lawfully called, taken, and reputed notoriously and publicly; and, moreover, do keep residence and hospitality in the same, according to the order, state, person, and dignity, and as the revenues of the same would permit; and have exercised and done all things appertaining to my pastoral office, as the laws do require, as hereafter I trust by God's grace to do and observe; a man of good name and fame, neither suspended, excommunicated, nor interdicted, neither convicted of any notable crime or fact, always obeying readily the commandment of the church, and other my superiors in all lawful causes; nevertheless, fearing upon certain probable causes, likely conjectures, threatenings, and assertions of certain injurious men my enemies, or at the least, such as little favour me, that great damage may come to me hereafter about the premises or part of them; and lest any man by any authority, commandment, denunciation, inquisition, office, or at the request of any person or persons, may attempt prejudice or hurt to me or my said dignity, either by my excommunication, interdiction, sequestration, spoiling, vexing and perturbing by any manner of means; do appeal unto the most high and mighty prince our sovereign lord Edward the Sixth, by the grace of God king of England, France, &c., and in these my writings do provoke and appeal to his regal majesty. I do also require the apostles, so much as in this case they are to be required, the first, second, and third time, earnestly, more earnestly, and most earnestly of all, that there may be given to me the protection, tuition, and defence of my aforesaid most dread sovereign lord, for the safeguard of me, my dignity and title, and possession in the premises, and to all that will cleave to me in this behalf. I do also protest, that I will be contented to correct, reform, and amend this my present protestation, and to the same to add, to take away, and to bring the same into the best form and state that may be devised by the counsel of learned men, or as the case shall require; and the same to intimate according to time and place, and the order of the law, and still shall require.'

1

Upon all the which things the aforesaid Edmund, bishop of London, did require the public notary hereunder written to make unto him, and the witnesses hereafter named, one, two, or more copies of this protestation.

These things were done the year, day, and time above written, there being present Gilbert Bourn, bachelor of divinity, John Harpsfield and Robert Colen, masters of arts, John Wakeling and Richard Rogers, learned men; being of the diocese of Worcester, Westminster, Coventry, Lichfield, and Gloucester, and specially requested to be witnesses of the same. And I, France Harward, of the diocese of Worcester, and public notary by the king's regal authority, forasmuch as I was present when the foresaid protestation, appellation, and other the premises were done, the year of our Lord, the year of the reign of the king, the day of the month and place aforesaid, the witnesses above named being present, and forasmuch as I did enact the same, therefore to this present public instrument, written faithfully with mine own hand, I have put to my mark, being specially requested unto the same.

Which thing after he had read, he did, under his protestation, the first intimate unto the archbishop, the bishop of Rochester, and Dr. May, and then protesting also not to recede from his recusation, did likewise intimate the same unto Master Secretary Smith, requiring the registrar to make an instrument as well thereupon, as also upon his recusation, with witness to testify the same.

entered

in regis

ter.

Then the delegates did again proceed to the examination of the last answers, and finding the same imperfect, they demanded of him

(1) Apostles' is a term of canon law, and signifieth as much as letters reverential or di

missories.

VI.

(according to the first article), what special day of August he was Edward sent for by the lord protector? To whom he obstinately answered, that he was not bound to make other answer than he had already A.D. made, unless they did put their articles more certain: neither would he otherwise answer as long as master secretary Smith was there present, whom he had before recused, and therefore would not recede from his recusation.

66

The secretary, seeing him so wilful and perverse, said sharply unto him, "My lord! come off, and make a full and perfect answer unto these articles, or else we will take other order with you to your pain." “In faith, sir,” then said the bishop again, “I have thought ye had been learned; but now, before God, I perceive well that either ye be not learned indeed, or else ye have forgotten it: for I have so often answered lawfully and sufficiently, and have so often showed causes sufficient and reasonable, why thereunto I ought not by law to be compelled (you showing nothing to the contrary, but sensuality and will), that I must needs judge that you are too, too ignorant herein."

"Well," said Master Secretary, "ye will not then otherwise

answer ?"

"No," said the bishop, "except the law compel me."

Then said the secretary, "Call for the knight-marshal, that he may be had to ward."

1549.

com

Mar

With that all the rest of the commissioners charged the bishop. Bonner that he had at that time sundry ways very outrageously and manded irreverently behaved himself towards them sitting on the king's to the majesty's commission, and especially towards sir Thomas Smith, his shalsea. grace's secretary; and therefore, and for divers other contumelious words which he had spoken, they declared they would commit him to the Marshalsea.

By this time the marshal's deputy came before them, whom Master Secretary commanded to take the bishop as prisoner, and so to keep him, that no man might come unto him; for if he did, he should sit by him himself.

When the secretary had ended his talk, the bishop said unto him, "Well, sir, it might have become you right well, that my lord's grace here present, being first in commission, and your better, should have done it."

Then the commissioners, assigning him to be brought before them on Monday next before noon, between seven and nine of the clock in the hall of that place, there to make full answer to these last articles, or else to show cause why he should not be declared "pro confesso," did, for that present, break up that session.

great

heart

choose,

Now as the bishop was departing with the under-marshal, he in a Bonner's great fury turned himself again toward the commissioners, and said to sir Thomas Smith, "Sir, whereas ye have committed me to prison, could not shall understand that I will require no favour at your hands, but but he shall willingly suffer what shall be put unto me, as bolts on my heels, needs yea, and if ye will, iron about my middle, or where ye will."

ye

Then departing again, he yet returned once more, and foaming out his poison, said unto the archbishop; "Well, my lord! I am sorry that I, being a bishop, am thus handled at your grace's hand;

must

utter his stomach.

Edward but more sorry that ye suffer abominable heretics to practise as they VI. do in London and elsewhere, infecting and disquieting the king's liege A. D. people. And therefore I do require you, as you will answer to God 1549. and the king, that ye will henceforth abstain thus to do: for if you Bonner's do not, I will accuse you before God and the king's majesty; answer to it as well as ye can." And so he departed, using many reproachful words against sundry of the common people, who stood and spake to him by the way as he went.

threat.

recusa

tion of

againstall

mission

ers.

THE SIXTH ACTION OR PROCESS UPON MONDAY THE TWENTY-
THIRD OF SEPTEMBER, HAD AGAINST BONNER, BISHOP OF
LONDON, BEFORE THE COMMISSIONERS, IN THE GREAT
HALL AT LAMBETH.

It was assigned, as ye heard, in the fourth act prosecuted the 18th day of September, that upon Monday then next following, being the 23d of the same month, the bishop should again appear before the commissioners within the great hall at Lambeth, then to show a final cause why he should not be declared " pro confesso," upon all the articles whereunto he had not fully answered.

According to which assignment, the same 23d day of September, the bishop was brought before them by the under-marshal (to whom for his disobedient and obstinate behaviour he was before that time committed), and there did first declare unto them, that his appearance at that time and place was not voluntary, but coacted; for that he was against his will brought thither by the keeper of the Marshalsea; and therewithal also, under his former protestation, recusation, A general and appeal, did then again intimate a general recusation of all the commissioners, alleging in the same, that because the archbishop, with Bonner all his colleagues, had neither observed the order of their commission, the com- nor yet proceeded against him after any laudable or good fashion of judgment, but, contrariwise, had sundry times, as well in his absence as in his presence, attempted many things unlawfully against his person, dignity, and state, especially in committing him to strait prison, and yet commanding him to make answer: and further, because that he, with the rest, had proceeded in commission with sir Thomas Smith knight, supporting and maintaining all his evil doings (notwithstanding that he the said bishop had before justly recused and declined from him), he, therefore, did also there refuse and decline from the judgment of the said archbishop and his colleagues, and did except against their jurisdiction as suspect, and they, thereby, unmeet persons to proceed against him. Therefore, according to his former appeal, he intended to submit himself under the tuition, protection, and defence of the king's majesty; for whose honour and reverence' He still sake (he said) they ought not to proceed any further against him, but quietly suffer him to use the benefit of all the recusations, provocations and other lawful remedies before alleged, with other superfluous words, at large to be read and seen, as followeth.

sticketh

to his former

protestation.

The Second Recusation made by Edmund Bonner, bishop of London. In the name of God. Amen. Forasmuch as both natural reason and alt good policies of laws, especially of this realm of England, do admit and suffer

VI.

A. D.

1549.

him that is convented before an incompetent and suspect judge, to refuse him Edward and to decline his jurisdiction, inasmuch as the law and reason on the one side will process to run uprightly and justly, and that on the other side corruption and malice earnestly labour to the contrary, and need therefore to be bridled; and because you, my lord of Canterbury, with your colleagues in this behalf (deputed as ye say commissioners against me), neither have observed your said commission, neither yet proceeded hitherto against me after any laudable, lawful, or any good fashion of judgment; but, contrariwise, contrary to your commission, and against the law, good reason, and order, have, at sundry times and in sundry acts, attempted and done many things against me unlawfully, unseemly, and unjustly, and suffer the like to be attempted and done by others, not reforming and amending the same, as appeareth in divers and sundry things remaining in your acts:

And moreover, because you, my said lord, with your said colleagues, have (both in mine absence, being let with just causes of impediment, which, according to the laws of this realm, I have fully alleged, and very sufficiently and justly proved, according to the order of the king's ecclesiastical laws), injuriously, and much to the hinderance of my name, person, title, dignity, and state, and also otherwise, especially in my presence; against all laws, good order, and reason, without good cause or ground attempted and done many things against me, especially touching mine imprisonment; sending me to strait ward, and yet commanding me to make answer, as appeareth in your unlawful acts:

I, for these causes, and also for that ye my said lord and your said colleagues, proceeding with sir Thomas Smith knight (whom upon just and lawful causes I have refused, recused, and declined), have favoured, yea maintained, supported, and borne him in his unlawful and evil doings, do also refuse, recuse and decline you my said lord, with the rest of your said colleagues agreeing and joining with you; and do except against your proceedings, doings and jurisdiction as suspect, and thereby unmeet persons to proceed herein against me.

And further, I do allege, that having been provoked to the king's most excellent majesty, as appeareth by the tenor of my provocation remaining in your acts, whereunto I do protest that I intend to adhere and cleave, submitting myself unto the tuition, protection, and defence of his said majesty in this behalf, ye in any wise ought not (if ye regard the person and authority of his grace's royal power, as ye ought to do) to proceed herein against me; especially for the honour and reverence ye ought to have unto his majesty in this behalf. And because it appeareth that ye do not duly and circumspectly consider the same, as ye ought to do, but more and more do grieve me; that not considered, I both here to all purposes repeat my former recusation, provocation, and all other remedies that heretofore I have used and mentioned in your said acts; and also do, by these presents, refuse, recuse, and decline you my said lord, and your said colleagues, and your jurisdiction, upon causes aforesaid, offering myself prompt and ready to prove all the same, before an arbiter and arbiters, according to the tenor and form of the law herein to be chosen, requiring you all, for that honour and reverence ye ought to bear to our said sovereign lord, and his laws allowed and approved in this behalf, that ye do not attempt or do, nor yet suffer to be attempted or done, any thing in any wise against me, or unto my prejudice; but suffer me to use and enjoy the benefit of my said former, and this, recusation, provocation, allegation, and other lawful remedies 'mentioned in your said acts. And in case ye do de facto, where ye ought not de jure, attempt, or suffer any thing to be attempted or done against me in any wise herein, I protest herewith, and hereby, of my great grief and hurt in that behalf; and that not only I do intend to appeal from you, but also, according to the king's ecclesiastical laws, to accuse and complain upon you, as justly and truly I both may and ought to do.

Notwithstanding these recusations, and former appellations, the archbishop with the rest told him plain, that they would be still his judges, and proceed against him according to the king's commission, until they did receive a supersedeas, which if he did obtain, they would gladly obey.

Edward

Then the bishop, seeing that they would still proceed against him, VI. did there likewise intimate another appellation unto the king's A. D. majesty, expressing therein in effect no other matter, but such as is 1549. already alleged in the two former recusations and appeals; saving that Another he requireth that letters dimissory or appellatory might be given him according to the law, and that for his better safeguard he did Bonner to submit himself under the protection of the king.

appella

tion of

the king.

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*The Second Appeal made and put in by the Bishop of London.

In this appeal he beginneth: 'In the name of God, Amen.' Then, first, he showeth therein, by what authority, and for what causes, he may lawfully make his appeal for his defence. Secondly, he showeth to my lord of Canterbury, and to his other colleagues, expressed in the said commission, how that against law, order, honesty, reason, yea and against the tenor of their commission, they have unjustly, unseemly, unreverently, and ungodly, grieved, evil-handled, and endamaged him, as well in sending for him after such sort as they did, as also in their unlawful and ungodly proceeding against him. And especially of this outrageous and uncharitable behaviour of sir Thomas Smith, secretary to the king's majesty; who,' saith Bonner, as exempt from law and reason, saith, He will follow his will therein, and not the law.' And thereof in complaining to the archbishop of Canterbury, and the rest of the commissioners in his appeal, he saith, They ought not so to do, especially in the denunciation and promotion of two vile famous sacramentaries.'

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In consideration whereof he showeth he hath a just and lawful remedy granted by the laws of the realm, especially a recusation and provocation, which he had exhibited, and which remained in their courts, unto which he referred himself; which, he saith, had not been duly considered on their parts: but they had proceeded and done contrary, in making him prisoner in his own house, whereas he had good cause to be absent there-from by the laws of this realm; and also in sending him to the Marshalsea, which they neither could nor ought so to do, after his recusation and provocation duly and lawfully made from them to the king's majesty; and there he calleth him 'supreme head.'

And further he saith, because he was much damnified and grieved at their unjust and unlawful doings and proceedings against him, he therefore refused and recused them as before he had done, and did appeal to his sovereign lord king Edward VI.; and there he confesseth him again supreme head of the church. After this, again, in this appeal he accuseth them of their unjust doings, and namely, sir Thomas Smith knight; who, contrary to the law, notwithstanding his recusation, provocation, and allegations against them, have appointed him a term to show cause why he ought not to be taken 'pro confesso.' And therein he doth ask and desire, first, second, third, yea, instantly, letters dimissory, appellatory, libels, or appellatories, to be given him according to order of law, submitting himself and his whole cause and causes, goods, dignity, state, and title, under the protection and defence of the king's majesty, according to law and custom in that behalf: unto which appeal, he saith, he will join, and prosecute it to all purposes thereof profitable for him in that behalf, according to the law, and not go there-from.

Further he saith, that the time of his first appeal remaineth unto him yet: and therefore, for that they are suspected judges for causes aforesaid, he maketh a new appeal; and therein intimateth his said recusation again with his present appeal, but they should do wrong to the king's grace; unto whom he maketh his appeal that, being delivered from them, he might prosecute his said recusation and appeal, as appertaineth and to the law is agreeable.*

The commissioners for all this stuck still unto their commission, and would not in any case defer; but urged him straitly to make a more full answer to his articles than he had done.

To whom the bishop said, that he would stand unto his recu

(1) See Edition 1563, pp. 722, 723.-ED.

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