232.THE TRIAL OF STEPHEN GARDINER.
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 sane.
Now 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 wilful, 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, 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: the contrary may animate 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 mindeth it! If my Lord of St. David's, or such others, have their head cumbered 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 labours to him; and, in the mean time, not to disturb the state of the realm, 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 honour, 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 licence 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 over-much, 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 marvellous 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 mean time, prepare him money for it, and set the realm in an order which it hath need of. 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, 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): but for his time the king our sovereign lord that dead is; and after his time you have done much to your honour and reputation; 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 marvellous 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 honour."At my house in Southwark, the last of February.
"Your Grace's humble bead-man,
A letter of Winchester to Captain Vaughan, dated the third 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 that 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, (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 graving 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 tunned 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 pursuivant 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 honour 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, 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 honour 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.B. 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. 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 labour 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 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 3rd of May, 1547.
A letter of the lord protector, answering to the letter above.
"After hearty commendations: receiving 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 do not cause both 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 now abolished, let not that be made a matter of the abolishing of all images. Though felons and adulterers be punishished, 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 honoured 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 honour, 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, wherein 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 but see that images may be counted marvellous 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 sceptre rightfully to rule and govern than; 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; 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. If they be only false images, which have nothing that they represent, as St. Paul writeth, An idol is nothing, (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 Cęsar, 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 grey 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 Cęsar'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 neighbour 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 see 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 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 dishonour (if a prince's honour 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 loth, 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, 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 honourable 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. 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 honour 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 be of no force in their judgment, what establishment could any new agreement have? and every uncertainty is noisome to any realm. And where every man will be master, there must needs be uncertainty. And one thing is marvellous, 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, 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, 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 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 naughtiness: 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 pretence 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 honour 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 marvellous; 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, 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 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 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 he 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 honour) 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 marvellous 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 licence restrained, or their accustomed fare abated? unless it were in extreme necessity.
"I hear say that the Lent is thus spoken of by Joseph and Tonge, with other new, (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 endeavour 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 carcass, 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 a legation 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 neighbours 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 laboured 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 school-men 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 hound 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. Chrysostom speaketh expressly. And for avoiding contempt, a licence 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 licences. 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 he 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, 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; forasmuch as I have said, and further think, your Grace hath no trouble troublesome, but this matter of religion unseasonably brought in to 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 honour and achieving of your heart's desire.
"At Winchester the 2lst of May.
"Your Grace's humble bead-man, S. W."
The letter of the lord protector, answering to Winchester.
"Your letters dated the twenty-first 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 licence 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 clerkly with you, and yet we have heard of the subtle difference of lying, and telling of a lie, or, as it is 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 endeavour 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 temperately, 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 much patience: no ways worse, than when one is over light-eared the one way, and deaf on the other side. Rumours 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 ourwhole 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; 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 disfavour 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 rumours, 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 rumours 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 cumber 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 to be had as unlawful, 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, 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 succour by God's strength derived by him, 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 offence. 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 realm, 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 αντιτυπον [Greek: antitypon] of Christ, in these words, Οδε [Greek: Ode], &c., in his sermon De Paschate; and yet in Almechorus Domini, we read Aries, Leo, Vermis, spoken of Christ; and some expound the Scripture sicut Moses, &c., 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 throughly 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 he 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) 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 not 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 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 other 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 favour to the truth, what he would say I cannot tell, but he might use a marvellous 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 defence 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 at every change of governors be change in religion; and that which hath been amongst us by a whole consent established, shall, by the pretence of another understanding in Scripture, straight be brought in question; for they will give it no other name but a pretence, 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 favour 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 overmuch 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 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 Grace'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, they were in these parts common, some with leaves unglued, where Master Paget was spoken of; and some with leaves glued. And I called 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 gentlemen, 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 noisome, untouched with that word, All men are liars; which is a marvellous 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, saying, omnis homo mendax, signifieth, omnis homo peccans. If Smith had only written of bishops' laws, and then said loudly, he had (saving your honour) 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, nor his book, 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 honour 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 he stayed hitherto thus: but, if things had increased as the rumours purported, your Grace might have been encumbered 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 reverent 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 honour.
"At Winchester, the sixth of June [1547.]"
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 honour 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 honour 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, state-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 aptly as may be, neither to be necessary. And when I wrote, I forgot, 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 veut, that is, The king wills it,) breathed a full life into it; 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, excludeth 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 he 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 labour 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 book 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, and then 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 seven weeks, without speaking withany 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, 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 prosperous 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: 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 feign not; and I have cause to fear, the effect will show I feign 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 by-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, I have been here under such strait keeping, 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 sometimes, wherein he taketh upon him to guess the cause of Christ's doings. I thank God my mind can take no hurt, how vehement so-ever 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 favoured 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 offence 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 honoured: 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,
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-favoured 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 vain-glorious conceit had been alone in him, less matter had been against him.
Now his subtle practices, and pretended 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 pretence 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 be driveth, using commonly this argument, which, as it is easy to recite, so neither is it hard to answer to; although we have answered it already sufficiently.
The sum and conclusion of all Winchester's drift in his epistles before.
"That is chiefly 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."
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. Forasmuch 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 oft-times so necessary in commonweals, that, without the same, all runneth to confusion.
Secondly, I answer to the argument, which I do deny as a fallacy, 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, &c.; but that is not to be ascribed to them, but to others.
As concerning the faults found in the Paraphrase of Erasmus, 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 over-much 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 place to the first.
He thwarteth, also, and wrangleth much against players, printers, preachers. And no marvel why: for be 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 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 folio weth:
"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. 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 hound 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 writeth of images: 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, Thou shalt not make to thee any graven thing, forbiddeth no more images now, than another text forbiddeth to us puddings. Add if all things be clean to the clean to the belly, there can be no cause why they should be of themselves unclean 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 a king 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, nor despise them with deeds, to mangle them or cut them; but at the least suffer them to stand untorn. Wherein Luther (that pulled way 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 scripture, hoc idiotis pręstat picture cernentibus, quia in ipsa etiam ignorantes vident, quid sequi debeant: in ipsa legunt, qui literas nesciunt. Unde et pręcipue gentibus pro lectione pictura est.'
"Herein is forbidden adoration, and then, in the Sixth Synod, was declared what manner of adoration is forbidden; that is to say, divine 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 eis ut Diis, neque spem salutis ponunt in eis, neque ab eis expectant futurum judicium: sed ad memoriam et recordationem primitivorum venerantur eas, et adorant; sed non serviunt eis cultu Divino, nec alicui creaturę.'
"By which doctrine all idolatry is plainly excluded in evident words; 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 honour, and use it in a worshipful place, and so earnestly look on it, and conceive that it signifieth, as we kneel 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 holiness 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 creeped 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. 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: 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 honourably, 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 honour, so, to grant that we may not have images of Christ, and that we may do no worship before them, or not to 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 use to do the image of the cross, and the knights of the order of St. George,) 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,) we must have them in estimation and reputation; which is not without some honour 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, they be so regarded accordingly for that time of service, and therefore they be called the venerable images, 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 wrapped 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 heresies, if by chance there were offered a choice, either to retain painting and graving 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, Thou shalt not make to thee any graven thing, ever, me thinketh, condemn printed books; the original whereof is of graving to make matrices literarum. 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.
"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. 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, 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 my name they shall cast out devils, &c.: 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 the 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 honoured; 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. Hereto will be said, No inference can be drawn from what may be, to what is: 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, not to neglect the grace of God in the gift of these charges, 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? 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? But we keep St. George's feast: ergo, &c. 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 main taineth 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 -- 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 honoured, 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 service, 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, 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, If I by Beelzebub cast out devils, by whom do your children cast them out? And if by our own principles we should be enforced to say, that our cramp-rings be superstitious, (where truth enforceth us not so to do,) it were a marvellous punishment. If we were blind, as Christ saith, we should not have sin, but we see; and this realm hath learning in it, and you a good portion thereof; according whereunto I doubt not but you will weigh this matter, not in the scales of the people, but of the artificer; 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, Σοι μεν ταυτα δοκουντ εστι, εμοι δε ταδε [Greek: Soi men tauta dokoynt esti, emoi de tade]; 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, 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; 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, 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 to mock and improve that which is established. And yet again, I come to Marceline, that made a cross in the water, and bade his deacon cast it abroad faithfully and zealously: after which sort if our holy water were used, I doubt not but there be many Marcelluses, and many Elizeuses, 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. Christ alone washes away sins, 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 saviours,' 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,
"Your loving friend,
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 unsavoury 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, and Dr. Ridley's, 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 articles 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, heresies, 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 Hampton-court, 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 therefore.
"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 learning 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 licence 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 sepulchre 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 Lampert, 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 life 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 by-admonitions, as a man faulty or negligent at any time, that I remember not,) for the observation of any thing 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.
"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, 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 of St. Edmund, St. Katharine, St. Clement, and such-like; and just taking away of chantries, abbeys, and colleges, hallowing of candles, 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 I 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 honourably 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 me thought 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 I 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 matters 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, 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 offence 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 offence, 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, &c. The worst man of all, is he that will make himself a lock of words 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' pleasure, 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; otherwhiles 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 and, on his Majesty's behalf, for the avoiding of tumult, and for other great considerations, inhibited to treat of any matter in controversy concerning the mass, or the communion, (then 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 manifest contempt of his Highness's said inhibition, to the great offence 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 colour 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 esteemed 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. 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, 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 declartion 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 Wingfield 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 me thought 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 defence, 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 offence 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 honour it like a subject; and if I keep it not, I 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 I. 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 I. 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 the 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 behaviour at all times."
The Twelfth Article.
"Item, That after that, viz., the ninth day of July, in the fourth year of his Majesty's reign, 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. 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 be 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 most honourable council sent unto you the twelfth 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 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 defence 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 fourteenth day of July, in the said fourth year, the said king's Majesty sent yet again unto you certain of his Majesty's honourable 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 must 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 misbehaviour or misdemeanour to have been used on my behalf"
The Fifteenth Article.
"Item, That after all this, viz. the nineteenth 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 and fantastical 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 even-song 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, 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. 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 in 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 hest 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 of complete restitution, 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 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 offence 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 honour 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 yea, yea, and nay, nay. So as my words and heart may agree together, or else I should offend God's law; which my sovereign, if if he knew my conscience, would not command me."
Now 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 of 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 misdemeanour 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 realm, 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 secretly 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. Forasmuch 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 follow the circumstances of the council's proceedings with the bishop of Winchester, taken out of the register.
"Greenwich, 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, 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 to 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 tenth day of June.
"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 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; 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 favour 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 favour, 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 would 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 favour 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 strait 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."
This letter, signed by the king's Majesty, was also subscribed by the whole council.
"At Westminster, July 10.
"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 before-mentioned 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.
"I. That by the law of God, and the authority of the Scriptures, the king's Majesty and his successors are supreme heads of the churches of England, and also of Ireland."
The bishop of Winchester's answer to this article, in the margin.--"Whereas I, Stephen, bishop of Winchester, have been suspected as one too much favouring 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, 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 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 there-for, 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 rigour, 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 profitable, I do affirm and say freely of mine own will, without any compulsion, as ensueth."
"II. 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 honour of God, and the wealth of this realm.
"III. 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 by 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 him to be declared and commended in all places where he 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.
"IV. 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, promulgated, and set forth in his Highness's young age, as well as though his Highness were at this present thirty or forty years old.
"V. 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.
"VI. 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 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 abovesaid.
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's doings, which be in religion most godly, and to the commonwealth most profitable, I do affirm as followeth
"I. 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, bonhommes, 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.
"II. 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.
"III. 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.
"IV. 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.
"V. 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.
"VI. 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.
"VII. 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.
"VIII. 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.
"IX. 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.
"X. 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.
"XI. 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.
"XII. 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.
"XIII. That bishops, priests, and deacons have no commandment of the law of God, either to vow chastity, or to abstain continually from marriage.
"XIV. 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.
"XV. 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.
"XVI. 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.
"XVII. That the orders of sub-deacon, Benet and Colet, and such others as were commonly called minores 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.
"XVIII. 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.
"XIX. 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 he set up in some convenient place in every parish church of this realm, where the parishioners may most commodiously resort to read the same.
"XX. 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, 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.
"These articles were sent the fifteenth of July."
Report was made by the master of the horse and Master Secretary Peter as followeth:
"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: whereupon the said 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: 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 then, having declared to 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 to subscribe or consent, and thereupon were both the sequestration and intimation read unto him, in the 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 times and places, and before such audience, as to his Majesty should, from time to time, be seen 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 con-tempts 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 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, understandeth, 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, and humbleness, and conformity, that is requisite in a good subject; and for that your disobediences, contempts, and other misbehaviours, for the which you were by his Majesty's authority justly committed to ward, have, since your said committing, daily more and more increased in you, in such sort as a great slander and offence is thereof risen in many parts of the realm, whereby also much slander, dissension, trouble, and unquietness, is very like more to ensue, if your aforesaid 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 exchange of the slander and offence 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 be committed 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, pen, and ink, when you shall call for them for that purpose; so if you wilfully 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 evil men, (especially ministers,) intendeth to proceed against you as an incorrigible person, and unmeet minister of this church, unto the 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 that this injunction 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 Gosnold, esquire, &c., before them, and by them, to be examined. But, 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 offence, 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,
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 honourable 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 Katharine, 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 honourable 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 Cęsarę Philippi, &c. When Jesus was come into the parts of Cesarea, a city that Philippus builded, 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, &c.
"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 honourable, and not slanderous; for to say that Christ was Elias, and John the Baptist, was honourable; for some thought him so to be, because he did frankly, sharply, and openly, rebuke vice. They that called him Jeremy, had an honourable 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 honourable opinion of him, and favoured 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 not 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. 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 honour 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, Thou art the Christ, the Son of the living God: St. Luke saith, he answered, Thou art the Christ of God: and St. Mark saith, he answered, Thou art Christ.-- But, in all that, is no variety; for to say, Christ the Son of the living God, and to say, The Christ of God, and to say, Christ, is, in effect, all one, and no diversity in it. For Christ 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 Saviour of the world.
"But now we must consider what Christ is. Christ was a sacrifice. He was sent from the Trinity, to be our Mediator between God and us, and to reconcile us to the favour 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 favour with God. And like as his sacrifice then made was sufficient for us, to deliver us from our sins, and to bring us in favour with God, so, to continue us in the same favour of God, be 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 blood-shedding 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. 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 teacheth 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 colouring 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 colourable 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 honourable 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 cli, 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 Saviour 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 Bar-jona; 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 eam; 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 further 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 his 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 able, 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 lay any other foundation than that which is laid, which is Jesus Christ.
"But now to go forth declaring my mind; in my time hath come many alterations. First, a great alteration it was, 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 over-much 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 labour for the necessity of the poor, to spare from their own bellies to the poor; and therefore was their fare ordained and provided. 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, The kingdom of God is not meat and drink. 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 licence, 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 doth Paul of the great poet,) Ουχ αγαθον πολυκοιρανιη εις κοιρανος εστο [Greek:Oych agathon polykoiranie eis koiranos esto], that is, A government by many is not good: let there be one king only. 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 honourable councillors, with the rest of the devout audience here present, unto God. To whom be all honour, 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 time 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.HE 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 Cantertury, 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, 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, straitly 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 ministered 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, strait 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 np longer suffer his aforesaid misdemeanours 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 rescripts, 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 he 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 mere, 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 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, shell seem convenient; commanding and straitly 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 caused 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.
This commission being openly read, the archbishop with the rest of the said commissioners (for the honour 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 assigned, 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 defence 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 defence 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 defences 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 honourable 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 eighteenth day of December.
The said eighteenth 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 honour 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 over-bold affirmation, amongst a multitude of so false and untrue matters; and, therefore, we have thought it necessary, upon our fidelities and honours 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 defence 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 defence, 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,
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 God alone before his eyes; 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. Thus his answers being exhibited, the commissioners did grant, (as is said,) not only to redeliver them to him, but also granted to the said bishop to alter and reform his said former 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, 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, &c.
"To our loving friends Dr. Standish and Dr. Jeffrey, advocates of the Court of the Arches, and Dockrel 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 defence 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,
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 defence in this matter. Which letter, under his said protestations, he required to be registered, and the original to be to him redelivered; 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 fourteenth day of December, 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 Goodrick 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.
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 redelivered 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, (I believe,) 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 bind 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 kings 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,' &c.
"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 be 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 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,' &c.
"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, be 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, &c., 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 lie 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, &c. To the last article the said bishop said, that, seeing he denied in his answer all contempt on his 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, honour (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 offence 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,' &c.-- without which your answer remaineth imperfect and uncertain.
"Finally, as touching the general clause 'and otherwise,' &c., 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 he 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, 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 contumacious; and in pain thereof to be declared as confessed, 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 honourable 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 promoter's 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, consenting 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 justificatory, 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.he 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 eighth 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 sixth, 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.
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, 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 contumacious; and in pain thereof, be declared as confessed 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 twelfth 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 answer, 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 twenty-sixth 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 twenty-sixth 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 afterthe 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 testily in the said matter as afore: and therefore will you to use what diligence you can, whereby to avoid that may be objected unto you for the contrary. Thus fare ye well.
"Your loving friends,
"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 seventeenth 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 XL. XLI. XLII. XLIII. XLIV. LV. LVI. LXVIII. LXXIX. LXXX. and LXXXI. 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, protesting to say against them and their sayings, in ease 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 Dary, and William Bell, Nicholas Lentall, and Richard Hampden, John Seton, doctor of divinity, William Medon, clerk, Thomas Watson, clerk, and Robert Massey, pretended witnesses, brought in and sworn in, of the bishop of Winchester's part.
"First, it was asked of every of the said pretended 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 any thing prejudicial unto the office promoted against the said bishop, or sounding to his discharge, let him 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 nineteenth 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 twelfth 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 honourable personages here undernamed, being of the king's Majesty's most honourable privy council; that is to say, the duke of Somerset's Grace, on articles I. II. III. IV. X. XVII. XXII. XXIII. XXIV. XXV. XXVII. XXVIII. XLV. XLVII. XLVIII. LIX. LX. LXI. LXII. LXIII. LXIV. LXV. LXVI. LXVII. LXXVI. LXXVII.: the earl of Wiltshire, lord treasurer, on articles I. II. III. IV. X. XVII. XXII. XXIII. XXIV. XXV. XXVI. XXVII. XXVIII. XLVI. XLVII. XLVIII. XLIX. L. LI. LII. LIII. LIV. LV. LVII. LVIII. LIX. LX. LXI. LXII. LXIII. LXIV. LXV. LXVI. LXVII. LXIX. LXX. LXXI. LXXII. LXXIII. LXXVI. LXXV II.: the earl of Warwick, lord great master, on articles I. II. III. IV. LXIX. LXX. LXXI. LXXII. LXXIII. LXXVI. LXXVII.: the earl of Bedford, lord privy seal, on articles I. II. III. IV. LVII. LVIII. LIX. LX. LXI. LXII. LXIII. LXIV. LXV. LXVI. LXVII.: the marquis of Northampton, lord great chamberlain, on articles I. II. III. IV. V. LII. LVIII. LIX. LX. LXI. LXII. LXIII. LXIV. LXV. LXVI. LXVII. LXXVI. LXXVII.: Sir William Harbert, master of the horse, on articles I. II. III. IV. LXIX. LXX. LXXI. LXXII. LXXIII. LXXIV. LXXV. LXXVI. LXXVII.: the Lord Chobham, on articles LXIII. LXIV. LXV. LXVI. and LXVII. of the matter proposed by the bishop. Which said honourable personages they required to be admitted, sworn, and examined, as witnesses thereupon, as the law in that behalf required; the said honourable 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 honours and fidelities, to depose the very truth that they knew in that behalf. Whom the said judges did so onerate upon their truth and allegiance to God, and the king's Majesty, and upon their honours 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 honourable personages of the said witnesses; protesting, nevertheless, to use the benefit of the law against their sayings, (their honours 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 interrogatories 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 twentieth 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 said proxy; and, making himself party for the said bishop, produced the right honourable lord chancellor of England, as witness upon articles I. II. III. IV. XLV. XLVI. XLVII. XLVIII. XLIX. L. LI. LII. LIII. LIV. and LV. 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 honourable 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 the king's Majesty, and upon his honour 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 honourable personage of the said lord, and yet protesting to say against his sayings, in case and as far as they should he 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 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 I. II. III. and IV. 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."
Interrogatories ministered by the office.
"I. 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 king's Majesty 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?
"II. 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?
"III. 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 favour the bishop of Rome?
"IV. 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?
"V. 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?
"VI. 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 favouring 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?
"VII. Item, Whether ye know, or have heard say, that to such of his diocese as favour the king's Majesty's godly proceedings, he hath been and is an offence 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.
"VIII. 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 any thing 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?
"IX. Item, Whether ye know, or have heard say, 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 Harbour, 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 twenty-first 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 I. II. III. and IV.; William Bell, clerk, on articles XXXIV. and XXXV.; Nicholas Lentall and Richard Hampden on article XV.; John Seton, doctor of divinity, on articles XV. XXIX. XXXIV. XXXV. and XXXVIII.; William Medow, clerk, on articles I. II. III. X. XV. XXV. XXXIII. XXXIV. XXXV. and XXXVIII.; Thomas Watson, clerk, on articles VII. XI. XII. XIV. XVI. XVIII. XIX. XX. XXIX. XXXI. XXXIII. XXXVI. XXXVIII. and LXVIII.; and Robert Massey on articles XIII. and XVI. 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, inefficacy, 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, &c., 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 pretended 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.
"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.
"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 he 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 colampadius, 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 favour 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 being 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 offence."
The tenth session.
The tenth session against Gardiner, 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 king's commissioners, with their notaries above mentioned, on Friday, the twenty-third 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, &c., he produced Sir John Markham, knight, on articles XL. XLI. XLII. XLIII. XLIV. LVI. LXVIII. and LXXXI.; Thomas White, esquire, on articles I. II. III. and XIII.; John Norton, esquire, on articles I. II. and III.; John Cooke, esquire, on articles I. II. III. VIII. and XIV.; Master John White, warden, on articles I. II. III. XV. XXIX. and XXXVII.; Francis Allen, on articles VII. VIII. XI. XII. XXXVI. XXXVIII. XLV. and LXVIII.; John Potinger, on articles I. VIII. and XV.; Peter Langridge, on articles I. VIII. and XV.; Roger Ford, on articles I. and VIII.; William Laurence and Giles White, on the XVth; William Lorking, vicar of Farnham, on the XIVth; Herman Bilson, on the XVth; Thomas Williams, John Hardy, Robert Braborne, Robert Quinby, John Reade, on XIVth; Thomas Crowte, on the XVth and LXVIIIth; George Bullock, George Smith, Hugh Weston, Philip Morgan, Richard Bruerne, John Weak, clerks, on the articles XXXIV. XXXV. and XXXVII; Alexander Deringe, William Browne, on articles I. VIII. IX. and XV.; John Temple, on articles I. II. and III.; Thomas White, prebendary, on the XVth; and John Glasiar, on the VIIIth and IXth 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 overate 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 interrogatories 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 twenty-third 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 honourable 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 usually 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 overate upon his truth to God, allegiance to the king's Majesty, and upon his honour 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, &c., dissenting to the production, and protesting of the nullity, &c.; and to say against his person and sayings (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 actuaries being present, the twenty-fourth day of January, 1551.
"The same day and place appeared James Basset, one of the bishop of Winchester's proctors, and, under protestations before made, and always reserved, he produced Sir Thomas Smith, on articles XVII. XXII. XXIII. XXIV. XXV. XXVI. XXVII. and XXVIII.; Robert Willerton, John Young, and Edmund Bricket, clerks, on articles XXXIV. XXXV. and XXXVII.; 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 twenty-sixth 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 pretended 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 he 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 captious 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 over-much generality, impertinency, and inefficacy, 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 none were received but either [in] his own presence or that of his proctors."
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 twenty-seventh 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 Bucknam and Master Mitch, fellows in Trinity Hall in Cambridge, jointly and severally his proctors, to produce Dr. Redman before the king's Majesty's sub-delegates, 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 Coppinger, and John Davy, &c."
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, &c., 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; videlicet 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 twenty-ninth day of January, 1551.
"The same day and place James Basset, one of the bishop of Winchesters proctors, under the bishop's former protestations, exhibiting his proxy, &c., produced the reverend father Thomas, bishop of Norwich, on articles I. II. III. IV. of the first matter, and the IVth and Vlth of the additionals; Sir Edward Carne, on the articles I. II. and III. of the first matter; Thomas Babington, on articles I. VII. X. XI. of the last matter; Maurice Griffith, clerk, on articles III. IV. XXXV. and XXXVII. of the first matter, and the first article of the additionals, and on the twentieth of the last matter; Christopher Moulton, on articles III. IV. XXXV. and XXXVII. of the matter, and on the XXth of the matter contra exhibited; William Glyn, clerk, on the Vth of the additionals; Thomas Nave, on articles XV. XVI. and XX. of the last matter; Oliver Wachell, on articles XIII. XV. XVI. and XVIII. of the last matter; Thomas Cotisforde, on the VIIth of the last matter; Henry Burton, on articles IX. XV. and XVI. of the last matter; Thomas Skerne, on the XVth and XVIth of the last matter; Osmond Coware, on the IXth, XVth, and XVIth of the last matter; John Cliff, on the XVth and XVIth of the last matter; John Warner, on the XVth and the XVIth of the last matter; John Seton, clerk, on articles IV. VII. XIV. XV. XVI. XVII. XVIII. and XX. of the last matter; William Medowe, clerk, on the Ist of the additionals, and on articles IV. V. VI. VII. IX. XIV. XV. XVI. XVIII. and XX. of the last matter; Thomas Watson, clerk, on the Ist of the additionals, and on articles IV. VII. IX. XIII. XIV. XV. XVI. XVII. and XX. of the last matter; John Potinger, on articles II. III. V. VI. XV. and XVI. of the last matter; John Temple, on the XIIIth of the last matter; Alexander Dering, on the XVth and XVIth of the last matter; William Browne, on the IId, IIId, Vth, and VIth 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, &c.; 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 Chichester 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.
"I. 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?
"II. 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 Harbour, before the bishops of Ely and Lincoln, and Master Doctor Oliver, with the presence of Thomas Argall, actuary, on Friday, the thirtieth day of January, 1551.
"James Basset, under the bishop of Winchesters former protestations, produced Cuthbert, bishop of Durham, upon the IVth and VIth positions additional; John Bourne, clerk, on the Ist article of the same additionals; Owen Oglethorp, doctor, on the articles III. IV. and XXXVII. of the first matter or matter justificatory, the Vth article of the additionals, and the Xth 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 articles I. II. III. VIII. IX. XV. of the matter justificatory; and on articles II. III. V. VI. VII. XIV. XV. XVI. and XVIII. 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, &c., 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 IVth and VIth 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, &c., under the bishop's former protestations, did produce John Cooke, a witness before sworn, upon articles II. III. V. VI. and XIV. 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, &c., 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 only absent, Thomas Argall and William Say being, present,) was on Tuesday, the third 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. 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 necessary 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, 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 second 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 English, whereof, as much as to the present purpose appertaineth, here followeth.
Part of a letter of Francis Driander.
"Before my departure from the city of Paris, I wrote unto you by our friend the Englishman, &c. 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 honourably entertained and received; where the faculty of divines, for honour'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 honour unto him, but also recanted what they had done before; and, like impudent persons, did not so much honour him afore, but now twice so much, with many obloquies and derisions, disabled and dishonoured his person. But, in conclusion, Richard Lathomus, interpreter of the Terms, with the favourers 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 defence 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 he 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 honour them and speak reverently 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; andof 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 wonder, 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 honoured; and yet it is not always necessary for those which be committed by the council to prison, evermore 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 Grace'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 evermore 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 honour, 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 pretence 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 yet 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 defence, 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 Grace'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 beadman, 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. 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, 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.
Witnesses produced, sworn, and examined, upon the articles ministered by the office, against Stephen, bishop of Winchester.
Sir Anthony Wingfield, Master Secretary Cecil, Sir Ralph Sadler, Sir Thomas Chaloner, Sir Thomas Wrothe, Master John Cheke, Sir Thomas Smith, Dr. Richard Coxe, Thomas Watson, Master William Honing, Dr. Giles Ayre, Dr. Robert Record, Sir George Blage, Nicholas Udall, Sir Edward North, Edward duke of Somerset, William earl of Wiltshire, William lord marquis of Northampton, John earl of Bedford, the Lord Paget, Andrew Beynton, the lord chancellor Riche, the earl of Warwick, George Lord Cobham, Sir William Harbert, Sir John Baker, Sir Edward Caine, the lord bishop of Durham, the lord bishop of Norwich, Sir Ralph Hopton, Sir John Markham, William Coppinger, John Davy, Jacques Wingfield, John Seton, Nicholas Lentall, Richard Hampden, Master William Bell, Master William Medowe, Robert Willanton, Herman Bilson, John Reade, William Laurence, Peter Langridge, Giles White, Roger Hurd, William Lorking, John Smith, Thomas Williams, John Glasiar, Richard Bruerne, John Hardy, Morgan Phillips, Robert Quinby, Robert Braborne, Edmund Bricket, Alexander Dering, John Potinger, William Browne, Thomas Crowte, Robert Massie, Hugh Weston, John White, John Young, George Bullocke, John Norton, Francis Allen, Philip Paris, Christopher Malton, James Basset, Thomas Redman, John Redman, Nicholas bishop of Worcester, George bishop of Chichester, Owen Oglethorpe, Cuthbert bishop of Durham, Thomas bishop of Norwich, Maurice Griffith archdeacon of Rochester, Master Gilbert Bourne, William Glyn, Thomas Cotisforde, Thomas Skerne, John Clyffe, Henry Burton, Thomas Babington, John Warner, Osmond Coward, John Temple, John Cooke, Thomas Neve.
Notes for the reader.
A brief table or index of such notes and specialties, whereunto Stephen Gardiner did agree and grant; concerning reformation of religion.
It may seem to thee, loving reader, we have been too prolix and tedious in reciting the multitude of so many witnesses, which needed not here, peradventure, to have been inserted, considering, matters more necessary, and the greatness of the volumes: but the cause moving us thereunto was so reasonable, that we could not leave them out. For seeing there be so many yet to this day, that stick so much to Gardiner's wit, learning, and religion, taking him for such a champion and a firm pllar of the popish church -- for such, as hitherto have been so deceived in him, we have taken here a little pains: so that if they will either credit his own words, works, sermons, writings, disputations, or else will be judged by his own witnesses on his own. part here produced, they shall see how clearly and evidently he withstandeth the popes supremacy:
First, In his writings, as in his book De vera Obedientia.
Secondly, In his disputations and defensions at Louvain, and other places.
Thirdly, In his open sermons and preaching, as where he expoundeth the place Thou art Peter, nothing at all to make for authority of the Romish bishop, marvelling how the pope could usurp so much to take up that place to build upon, when Christ had taken it up before to build his church.
Item, That the confession of Peter was the confession of all the apostles, like as the blessing given to Peter pertained as well to all the apostles.
Item, That the place, Feed my sheep, was special to Peter alone, but general to all the apostles. Also that the Greek Church did never receive the said bishop of Rome for their universal head.
Item, That the authority of the bishop of Rome was not received of most part of Christian princes.
Item, He would not grant, that the said authority was received generally.
Item, That the church was builded upon Christ's faith, and not upon Peter; and though Peter was called chief of the apostles, that was nothing else but like as it is in an inquest, where the foreman or headman, is not so called because he is best or chiefest of that company; but because he speaketh first.
Item, When the keys were given, they were given generally to all the apostles.
Item, He taketh away all such scriptures which are thought to serve for the pope's supremacy, as on this rock: feed my sheep: chief of the apostles: proving, that they serve nothing for his authority.
Item, In his book De vera Obedientia, he did not only write against the pope's supremacy, but also did defend the same at Louvain.
And moreover in his sermons he did allege and preach the same, and that vehemently - pithily earnestly -- very earnestly -- very forwardly.
And not only did so vehemently, pithily, earnestly, and forwardly, preach himself against the pope's supremacy, but also did cause Master White (then schoolmaster, after bishop of Winchester) to make certain verses extolling the king's supremacy against the usurped power of the pope, encouraging also his scholars to do the like.
Item, For the space of fourteen years together, he preached against the pope's supremacy in divers sermons, and especially in one sermon before King Henry.
Item, For ceremonies and images, which were abused: to be taken away by public authority, he did well allow it, as a child to have his book taken from him, when be abuseth, or delighteth only in the golden cover.
Item, For dissolving of monkery, nunnery, or friary, and for dissolution of monasteries, he granteth they were justly suppressed.
Concerning images being by King Edward's injunctions abolished, he exhorted the people in his sermons to be contented therewith.
Monks and friars he calleth flattering knaves. Friars he never liked in all his life.
Monks he counted but belly-gods.
The going about of St. Nicholas, St. Katharine, and St. Clement, he affirmeth them to be children's toys.
For taking away or transposing of chantry obits, ,he referreth it to the arbitrement of the politic rulers, granting that in dissolving them it might well be so done.
Item, He wisheth them to be committed to a better use.
The observing of days, hours, number, time, and place, if they be orderly and publicly commanded by the rulers, it is but to set the church in an outward and public order. But if a man inwardly and privately be addicted to the same, thinking his prayer otherwise not availing, but by observing of the same, it is an error.
The Communion set out by King Edward, he liked well.
The Book of Common Service, he was content both to keep it himself and caused it to be kept of others.
For the Homilies he exhorted the people, in his preaching, to come to the church to hear them read.
In sum: to all injunctions, statutes, and proclamations, set forth by the king and superior powers, he yieldeth and granteth.
Item, Cardinal Pole, coming to the French king to stir him up against England, Winchester caused him to be expelled out of France.-- Witness: Cuthbert, bishop of Durham.
Item, The said bishop sworn against the pope by express clauses in his proxy.
Now, gentle reader, lay these his writings, preaching, and doings, with his doings in Queen Mary's time, and thou shalt see how variable he was, how inconstant and contrary to himself, how perjured, and far differing from the report of one, who, in an English book, set out in Queen Mary's time, reported, (as it appeareth in the said book to be seen,) that there were three only in England, whose consciences had been never distained in religion, of whom, he said, the aforesaid bishop of Winchester was one.
Notes and points concerning reformation of religion, whereunto he would not grant.
Contrary to the real and natural presence of the body in the sacrament, and to transubstantiation, he would not agree or subscribe.
Contrary to the mass, he would not clearly grant; but saying it did profit the quick and the dead. Although against the mass of scala cli, masses satisfactory, and masses in number, he could not find them by Scripture.
To the marriage of priests he would not agree. To the article of justification he would not agree; and divers other places.
Also, here is to be noted in these aforesaid depositions, especially in the depositions of Andrew Beynton, and of Master Chalenor, how falsely, and traitor-like, Winchester behaved himself against King Henry the Eighth at Ratisbon, insomuch that the said king, for the secret informations which he had of the bishop, caused in all pardons afterward, all treasons committed beyond the seas to be excepted, which was most meant for the bishop's cause.
Item, He did exempt the said bishop out of his testament, as one being wilful and contentious, and that would trouble them all.
Item, That the said King Henry, before his death, was certainly believed to abhor the said bishop more than any Englishman in his realm.
Item, That the said king exempted also out of his testament the bishop of Westminster, for that he was schooled in Winchester's school.
Item, The said bishop of Winchester was found to be the secret worker, that, three years before the king's death, divers of the privy chamber were indicted of heresies; for the which the said king was much offended.
Thus thou seest, reader, Stephen Gardiner here described, what in all his doings he is, and what is to be thought of him; as who is neither a true protestant, nor a right papist: neither firm in his error, nor yet stedfast in the truth: neither a true friend to the pope, nor yet a full enemy to Christ: false in King Henry's time; obstinate in King Edward's time; perjured, and a murderer, in Queen Mary's time; but mutable and inconstant in all times. And finally, whereas in his letters to the lord protector and others, usually he vaunteth so much of his late sovereign lord King Henry the Eighth that is dead, and of the great reputation that he was in with him, behold, in the depositions of the Lord Paget; and there ye shall see, that the king, before his death, both excepting him out of his pardons, and quite striking him out of his last will and testament, so detested and abhorred him as he did no Englishman more. And whereas the Lord Paget, being sent in message from the king to the bishop, by other words than the king's mind and will was, of his own dexterity gave to him good and gracious words: then, indeed, the king neither knew, nor yet by him sent the same. Whereupon the bishop, persuading himself otherwise of the king's favour towards him than it was in deed, was far deceived.
And this, now, being sufficient concerning the witnesses and their depositions, let us return to the rest of the twentieth act and session of the process, where we left off.
The publication of the witnesses, which next before I have put, being had, as you have heard and granted, the judges, at the like petition of the promoters, did assign to hear final judgment and decree, in this matter, on Friday, the thirteenth day of this month of February, between the hours of eight and ten afore noon, in this place: The said bishop of Winchester under like protestation as afore dissenting also to the said assignation.
The twenty-first session.
The twenty-first act or session was held on Friday, the thirteenth day of February, between the aforesaid hours, and in the place assigned, before all the judges and commissioners, in the presence of Thomas Argall and William Say, actuaries.
"Here, and at this time, final judgment being assigned to be heard, the bishop of Winchester, under his former protestations, did exhibit for proof of his matters and additionals, five books in print: videlicet, one entitled thus, Stephani Winton, de Vera Obedientia Oratio: item, another of Peter Martyr, called, Tractatio de Sacramentis Eucharistię: item, another called, Catechismus, set forth by my Lord archbishop of Canterbury: item, another entitled De divinis, apostolicis, atque ecclesiasticis Traditionibus, auctore Martino Peresio Guadixiensi, Epistola: item, Injunctions given by the king's Majesty that now is, to all his subjects, as well of the clergy, as the laity: also, A Proclamation against those that do innovate, alter, or leave done, any rite or ceremony in the church, of their private authority: all which he did exhibit (as far as they made for him, and none otherwise) in presence of the promoters, accepting the contents of the same exhibits, as far as they made for the office; and as much as they made against the office, protesting of the nullity and invadility of the exhibits aforesaid, (saving only the king's Majesty's injunctions and proclamation,) and alleging the same to be such, whereunto no faith ought to be given."
And as concerning the aforesaid five books, with the injunctions and proclamation, before by the bishop exhibited, because they are in print (here omitting them) we thought best to refer you to the perusing of the same. The said bishop also, under his said protestations, did exhibit certain exceptions in writings against the witnesses, which he desired to be admitted: the promoters protesting of the nullity, inefficacy, over-much generality, and invalidity of the same exceptions; and alleging that they were such, whereunto no faith ought to be given nor the same to be admitted. The exceptions, although they were not admitted, yet for divers considerations I thought good to recite them.
Exceptions given, and laid in by the bishop of Winchester; against such witnesses as were produced against him.
"The bishop of Winchester -- under all and singular protestations, heretofore by him made in this matter, and the same always to him saved and reserved, accepting and approving all and singular such parts of the depositions of the witnesses produced and examined against him and by him in this behalf, as the law bindeth him, and as they make for his part, and for this intent and none otherwise saith, that forasmuch as certain of the witnesses, brought forth by the said bishop and against him, be of the king's Majesty's most honourable council; that is to say, the duke of Somerset, the lord treasurer, the lord great master, the lord privy seal, the lord great chamberlain, the Lord Cobham, the Lord Paget, Sir William Harbert: unto whom, for that respect, and also in consideration of their estate, duty requireth seemly and convenable speech to be used of them: [in] which mind of his behaviour in language towards them, the said bishop protestet1, and by way of exception allegeth; and excepting saith, that the said noblemen have been, without any corporal oath by them taken, contrary to the order of the ecclesiastical laws, examined and deposed: unto whom, because the said oath-giving was not by special consent remitted, but especially and expressly by the part of the said bishop required, their deposition by the ecclesiastical laws hath no such strength of testimony, as the judge should or might, for the knowledge of truth, have regard to them. For, albeit the quality of their estate be such, and their sayings also, in words declared to proceed of their faith and honour, with which it becometh no private man to contend, nor to affirm, by objection, that they would otherwise say or depose upon a corporal oath, than they do now: yet, because the order of the law ecclesiastical requireth the oath corporal, lately practised in this realm, in persons of like estate; the said bishop dare the more boldly allege this exception: and so much the rather, that the Lord Paget hath, in his deposition, evidently and manifestly neglected honour, faith, and honesty, and showeth himself desirous, beyond the necessary answer to that was demanded of him, (only of ingrate malice,) to hinder, as much as in him is, the said bishop, who was in the said lord's youth his teacher and tutor, afterward his master, and then his beneficial master; to obtain of the king's Majesty that dead is, one of the rooms of the clerkship of the signet for him: which ingrate malice of the said Lord Paget, the said bishop saith, in the depositions manifestly doth appear, as the said bishop offereth himself ready to prove and show. And moreover, the said bishop against the Lord Paget allegeth, at such time as the said Lord Paget was produced against the said bishop, the same Lord Paget openly, in the presence of the judges, and others there present, said, how the said bishop did fly from justice, which made him notoriously suspected, not to be affected indifferently to the truth (as seemed him); and without cause therein to speak, as enemy to the said bishop. Objecting against the Lord Paget, as afore in especial, and generally excepting the omission of the corporal oath in the rest, he saith further -- that the sayings of the said noblemen, as they in some points depose only upon hearsay, in some points speaking in general, declaring no specialty, in some points declaring a specialty without such quality as the proof of the fact requireth; without giving such a reason of their saying, as the law in the deposition of a witness requireth, when there is deposition of such matter: the same their sayings do not in law conclude, nor make proof of any matter prejudicial to the said bishop, as upon the consideration of the depositions may appear. And finally, the said bishop, by way of exception, allegeth, and excepting saith, that the Lord Paget, being produced against the said bishop, was by the office examined, as appeareth, upon the interrogatories ministered by the office, without making the bishop privy what the said interrogatories were, to the intent he might understand what new matter were deduced, to use his just defence in that behalf. And, although the bishop produced those noblemen, as witnesses to prove his behaviour, at their repair unto him in the Tower, and at his coming to them, when he was commanded to appear before them at the king's Majesty's palace, whereby his sayings and answers before them might appear, with their testimony in general of the bishop's estimation in our late sovereign lord's days: yet the same personages be produced again for the office, to be taken and used as witnesses against the said bishop in the principal matter of that they themselves supposed to be true in their process, thereby, with their own testimony, to justify their own doings: whereupon they did proceed so as it appeareth, that the same personages be the judges in the first sentence, and brought here witnesses, whereby to approve the justness of their own former doings; which is against all law, equity, and justice. And touching the other witnesses, such as appear in the acts, to have made a corporal oath,-- amongst which be also four of the king's most honourable council, Sir Anthony Wingfield, Sir Ralph Sadler, Sir Edward North, and Master Cecil,-- the said bishop, with due respects to their worships, saith their sayings and depositions, where they be general, and declare no specialty against the said bishop, wherein he should especially offend, conclude no proof in law, nor ought to be prejudicial to the said bishop, as by consideration of the depositions may appear.
"And where Master Cecil deposeth upon the Xth article, he is therein singular, and concludeth no proof in such a matter of weight, and telleth not that matter touching the king's Majesty's young age, as he uttered it, and calleth it a commandment that he uttered not so, leaving out the joining of the council to limit the king's authority; as the said bishop, upon his oath, in answer hath affirmed: and in the VIIIth article, the declaration of his knowledge of commandment given to the bishop to preach, by knowledge, from Master Smith, (as he saith,) varieth from Master Watson, a witness in that part produced. And as for Master Coxe, Master Ayre, Master Honing, Master Cheke, Master Chalenor, Master Record, and Master Smith, the bishop, excepting, allegeth, that either they depose generally, or by hearsay, not concluding any proof, or else so utter their own affection, as they be worthy of no credit, or else show themselves so loth to seem to remember any thing that might relieve the bishop, as they ought to be reputed not indifferent. And moreover, the said bishop saith, that Master Coxe had his conversation so touched in the latter end of the bishop's sermon, for priests to marry contrary to a law, and against order, that it was no marvel though he were offended. Master Ayre declareth himself to have complained of the said bishop, whose complaint by witness already produced is reproved. Master Record, saying that the bishop is yet disobedient, and so wrongfully judging of the bishop in his private prejudice, is unworthy of all faith in the matter. Master Chalenor showeth himself to mistake the matter, not distinguishing Hampton Court from Westminster. Master Smith, in declaring of his treating with the bishop, doth plainly confound the month of February with June. Master Honing's deposition hath no matter substantial in form of proof declared. And also the said bishop, excepting as afore and under his protestation above mentioned, allegeth, that all and singular the witnesses aforesaid, examined against the said bishop, be, in their pretended depositions, variable, singular, discrepant, repugnant, and contrary one to another; and not proving, in any wise, such things as they go about and endeavour themselves to depose of. All which matters the said bishop allegeth as they be above respectively mentioned, touching the witnesses concerning the premises against them, as is aforesaid, objected and excepted, as well for the causes before respectively specified, as other causes contained in their pretended depositions: to whose sayings, credit and faith, sufficient by the law, ought not to be given, as is required for proof and testimony of truth in process, as by their said pretended depositions more plainly appeareth; unto which and unto the law, (as is expedient for him and none otherwise,) the said bishop referreth himself in this behalf. And under his said protestations he allegeth, that these things before by him respectively excepted against the said witnesses, were and be true and notorious, as by the acts and depositions of the same witnesses, and by other records and things had, exhibited, done, and made in this matter, doth appear; and also, by proof to be further made by the said bishop, if he may be admitted thereunto, shall appear; and therewith to what is already deposed, to which (as is aforesaid) the bishop answereth himself so far forth as they make for him and none otherwise."
Besides the premises, the said bishop also, under like protestations as afore, did exhibit, for the better information of the judges in this matter, certain papers: one, containing a collation made of the depositions in both parts, what was said, and how it was said in the bishop's sermon; and of the charge and discharge in the same: which collation, for that I have before comprehended it in the table and index of notes, I thought it not here necessary to occupy any more room.-- Item, another abridgement of collections touching the said bishop's sermon.-- Item, another touching the articles of the council sending to the said bishop to the Tower.-- Another entitled, A note of the bishop's conformity in prison, with confutation of that which hath been in general terms called in him, obstinacy and disobedience.-- Another entitled, Answers by evident deeds, to such matter at large in words, as is surmised against the bishop of Winchester. the promoters protesting also of the nullity of the same exhibits, and requiring judgment to be given.
Then and there the judges assigned again to hear judgment, on the following day, between the hours of nine and eleven of the clock before noon, in the same place: the bishop, under his protestation, dissenting to the said assignation, and protesting of a grief, for that he hath not yet all the exhibits again, nor space sufficient to consult with his learned counsel in this behalf: and also requiring another temporal counsellor, because one of them already assigned unto him cannot tarry longer in these parts.
The twenty-second session.
The twenty-second act or session, wherein appeared Gardiner, bishop of Winchester, personally, was sped in the hall of the manor at Lambeth, on Saturday, the fourteenth day of February, before all the judges delegate, in the presence of Thomas Argall and William Say, actuaries.
"On this day and place, according to the assignment in that behalf, between the hours prefixed, the promoters delivering to the archbishop the sentence in writing, required the same to be given in presence of the bishop of Winchester, who, under his former protestations, before the said actuaries and the multitude there assembled, making a certain appellation from the said judges to our sovereign lord the king's most excellent Majesty, according as was contained in certain paper-leaves, which he then and there openly read; and upon the reading thereof, required the said actuaries to make him an instrument thereof; and the witnesses there present, to bear testimony thereunto: protesting also, that from thenceforth he intended not, by any of his doings or sayings, to recede from the benefit of his said appellation. The copy of which appellation so by the bishop read here followeth.
The appeal of the bishop of Winchester before the sentence definitive.
"In the name of God, Amen. Before you judges delegates, or commissaries pretended, under named, and before you notaries public, and authentic persons: and also before you witnesses here present, I, Stephen, by the permission of God bishop of Winchester, to the intent to appeal, and likewise principally of nullity to querell under the best and most effectual way, manner, and form of law which I best and most effectually ought to do, and to all purposes and effects of the law that may follow thereof, say, allege, and in this writing propone in law -- That, although I have obtained, and do obtain, hold, keep, and occupy the said bishopric of Winchester lawfully; and the same, (so by me lawfully had and obtained,) with all the rights and appurtenances of the same, have possessed, by many years, peaceably and quietly; and so (saving always such things and griefs, as be under written) do possess now, at this present time; and, for the very and true bishop, and lawful possessor aforesaid, have been and am commonly taken, named, had, holden, and reputed, openly and notoriously: and albeit I was and am (as I thought to be) in peaceable possession of the law, to take, have, and receive the fruits, rents, provents, obventions, and other rights and profects, whatsoever they be, in any wise to the bishopric aforesaid appertaining, and of the same bishopric, by any manner of means, coming or happening: and though also I was, and am, a man of perfect and full integrity and of good name and fame, and also of life, manners, and conversation laudable; not suspected, not excommunicated, nor interdicted; neither with any crime, at least notorious or famous, nor with any disobedience or contentions against any my superiors, noted, respersed, or convicted; but to obey the law, and to stand to the commandments, precepts, and monitions of the most noble prince, and our sovereign lord, Edward the Sixth, (by the grace of God, king of England, France, and Ireland, defender of the faith, and in earth of the Church of England and Ireland supreme head,) as far forth as they be consonant, conformable, and agreeable with the laws, statutes, parliaments, and injunctions of the said king's Majesty, and ordained by his authority, published, made, and admitted -- being not repugnant to the same: and as I may obey the same, saving the integrity of my conscience, am always ready likewise, as hitherto I have always been, as far as I am bound, duly to obey the same, and, with God's help, so do intend to do hereafter, and all other my superiors:-- Yet, nevertheless, the most reverend father in God, Thomas, by the sufferance of God archbishop of Canterbury, primate of all England, and metropolitan; Nicholas, bishop of London; Thomas, bishop of Ely, one of the king's Majesty's privy council; Henry, bishop of Lincoln; Sir William Peter, knight, one of the king's Majesty's principal secretaries, and one of the king's Highness's privy council; Sir James Hales, one of the justices of the Common Pleas; John Oliver, and Griffith Leyson, doctors of the civil law; John Gosnall, Richard Goodrick, esquires, commissaries or judges delegate, as they pretend themselves, by virtue of commission to them committed by the king's Majesty's proceeding against me, (the bishop aforesaid,) of their pretended office, necessarily promoted, as is pretended: laying and objecting against me certain articles, as well for the generality of them as otherwise, of no value, efficacy, or effect: and thereupon, and upon other interrogatories ministered privately by them, without the knowledge of the said bishop, taking away his just defence in that behalf: examining also divers and sundry witnesses upon them, contrary to the due order and deposition of the law, and without any corporal oath due and accustomed in that behalf, to them given, or by them taken, notwithstanding the said witnesses were, and be, laymen, and the cause original (as it is pretended) very urgent, tending to the deprivation of a bishop: which judges, or pretended commissaries, earnestly and vehemently defend the same, against the said bishop, and, showing themselves manifestly judges not indifferent, but very much affectionate against me; and to be therein to me, and to the truth of my just cause, vehemently, notoriously, and worthily suspected: and that my Lord of Canterbury aforesaid, was one of the judges that caused and commanded me (the said bishop) to the prison in the Tower of London, where I am now prisoner; and upon that commandment have remained as prisoner almost these three years continually: also Master James Hales, Master Goodrick, and Master Gosnall, commissioners pretended aforesaid, were of counsel. and gave their counsel and advice concerning the same sending of me to the Tower, and imprisonment aforesaid: moreover my Lord of Canterbury, my Lord of London, and my Lord of Lincoln, commissioners pretended aforesaid, do, contrary to the laws ecclesiastical of this realm, teach and set forth the manifest and condemned error against the very true presence of Christ's body and blood in the sacrament of the altar; and because I (the said bishop) am, and have been always, of the true catholic faith, contrary to them, (who in that, as well by my writings as otherwise, have and do set forth, according to the truth and verity of Christ's word, and the catholic faith and doctrine, that in the same sacrament of the altar is the very presence of Christ's body and blood,) therefore the same archbishop and bishops have and do show themselves unduly affected against me, and be notoriously in the truth adversaries unto me: and Sir William Peter was one of the judges, that decreed the fruits of my bishopric (not according to the order of law, or upon cause sufficient) unjustly, contrary to the laws, to be sequestered; and did sequester them, de facto, sed non de jure: and now is judge in his own cause, concerning his own fact; and so entreateth, and affecteth the maintenance of the same against me (the said bishop) as his own proper cause, both in the place of judgment, and other places: and also all the said judges have so notoriously handled, used, and openly manifested themselves in the distrust, and in their proceeding in this matter against me, (the said bishop,) that they seem, and appear openly, to indifferent men them hearing and perceiving, rather to be parties, than indifferent judges; and show, and declare manifestly, in words and deeds, their undue affection towards me, in my matter aforesaid; and more earnestly, fervently, and rigorously saying, imagining, and intending, with all their endeavours and industry, what they can possibly say and do against me, than any other of them, that be of counsel against me, do or can imagine, or invent to say, or do; and at no time do show themselves like indifferent judges, to say, speak, declare, or do in word or deed, any thing or matter besides granting of process, that might touch or return to my just innocency, and just and lawful defence, notoriously known to them as judges in this behalf, opening and manifesting thereby, and by other the premises, their undue affection, purpose, and intent they have to deprive me from my bishopric, and to make their determination by sentence against me: and that notwithstanding the copies of such necessary writings, and exhibits, as were exhibited in this cause by the part of me the said bishop, which be very necessary and expedient for the proof of my part in this behalf, be not yet delivered me, where upon I might consult with my counsel: and that the fact and state of the cause is not yet fully opened or declared, the said judges having, for their affections, and other the causes aforesaid, no respect thereunto, nor to minister justice in this behalf, having as yet little or no knowledge at all of the cause; and show themselves ready, and, with all their affections, industry, and endeavour, prepare themselves to give sentence of deprivation against me; and, in effect, uttered the same openly in judgment. And to the intent the verity of the fact, and due proof thereof, whereby the innocency of me (the said bishop) might evidently appear, should pass over unknown, and to have the same concealed, cloaked, and hid, the said pretended commissaries sitting, and unjustly and unlawfully proceeding, in this matter yesterday, being the thirteenth of this present month of February, then being the first time, that, in the matter, was assigned to hear sentence, and the first opening or declaring of any part of the fact, after the publication and other probations made; having no respect to any of the premises, nor yet that it was almost three of the clock that I returned home to the Tower, to repose and refresh myself; whereunto, without any consideration had in any the premises, [they] assigned the next morrow; videlicet, this day, at nine of the clock afore noon, to hear definitive sentence in this matter; not first admitting the exceptions laid before them by the said bishop, but refusing so to do, and thereby rejecting the same, no day being of respect betwixt the said days; whereby it is notorious, that the said time assigned was and is so short, that the counsel of me the said bishop dwelling about St. Paul's, and I remaining prisoner in the Tower, where the gates be shut at five of the clock in the evening, and till after six in the morning, that there was no sufficient time for me, and my counsel, to peruse and examine such witnesses, proofs, and writings, as were, as well of my part, as against me, in this behalf produced and exhibited, and deliberately to consult thereupon together; especially this cause being a very urgent, weighty, and arduous cause, concerning the deprivation (as it is intended) of a bishop of many years' continuance therein, from his bishopric; and that I, being of long time kept in close prison, was so pestered the said thirteenth day, being yesterday, with the populous audience, that I repair this day with the great travail of my body, and make my personal appearance again to the said place of judgment. And that the said injuries and griefs aforesaid, and other the premises, under manner and form above specified, done, and made, were and be true, public, notorious, manifest, and famous. Whereupon I, (the said bishop,) feeling and perceiving to be grieved of and upon the premises, and of such other things, as, of the acts, facts, doings, and proceedings of the said commissioners may be duly collected, do, from them, and from every of them, appeal in this writing to the king's Majesty aforesaid; and ask apostules, first, secondarily, and thirdly, instantly, more instantly, and most instantly, to be given and delivered to me, with the effect, and of the nullity of the premises do libel principally, and querell: and I protest, that there be not ten days since griefs of appeal have been done unto me, and that these griefs be daily continued: and I protest to add, correct, reform, diminish this my appellation, and to subtract from it, and to reduce and conceive the same in a better and more competent form, according to the counsel of such as be expert and have knowledge of the law; and to intimate the same to all and singular persons, that have or may have any interest in this behalf, for time and place convenient, as the manner and style of the law requireth."
After this, upon debate and discussion of the principal matter had, made, and used on both sides, my Lord's Grace of Canterbury, with consent of all the rest of the said judges his colleagues there personally and judicially sitting, gave and read openly a final sentence conceived in writing against the said bishop of Winchester, whereby, amongst other, he judged and determined the said bishop of Winchester to be deprived and removed from the bishopric of Winchester, and from all the right, authority, emoluments, commodities, and other appurtenances to the said bishopric in any wise belonging, whatsoever they be: and him did deprive, and remove from the same, pronouncing and declaring the said bishopric of Winchester to all effects and purposes to be void, according as in the same sentence is more fully contained; the copy whereof here ensueth:
"In the name of God, Amen. By authority of a commission by the high and mighty prince our most gracious sovereign Lord 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 also of Ireland, in earth the supreme head, the tenor whereof hereafter ensueth: Edward the Sixth, &c.-- We, Thomas, by the sufferance of God, archbishop of Canterbury, primate of all England, and metropolitan, with the right reverend fathers in God, Nicholas, bishop of London, Thomas, bishop of Ely, and Henry, bishop of Lincoln, Sir William Peter, knight, one of our said sovereign lord's two principal secretaries, Sir James Hales,knight, one of our said sovereign lord's justices of his Common Pleas, Griffith Leyson and John Oliver, doctors in the civil law, Richard Goodrick and John Gosnall, esquires, delegates and judges assigned and appointed, rightfully and lawfully proceeding according to the form and tenor of the said commission, for the hearing, examination, debating, and final determination of the causes and matters in the said commission mentioned and contained, and upon the contents of the same, and certain articles objected of office against you, Stephen, bishop of Winchester, as more plainly and fully is mentioned and declared in the said commission and articles, all which we repute and take here to be expressed; and after sundry judicial assemblies, examinations, and debatings of the said cause and matters, with all incidents, emergents, and circumstances to the same or any of them belonging; the same also being by us oft heard, seen, and well understood, and with good and mature examination and deliberation debated, considered, and fully weighed and pondered, observing all such order and other things, as by the laws, equity, and the said commission, ought or needed herein to be observed, in the presence of you, Stephen, bishop of Winchester, do proceed to the giving of our final judgment and sentence definitive in this manner following.
"Forasmuch as by the acts enacted, exhibits and allegations proposed, deduced, and alleged, and by sufficient proofs, with your own confession, in the causes aforesaid had and made, we do evidently find and perceive that you, Stephen, bishop of Winchester, have not only transgressed the commandments mentioned in the same, but also have of long time, notwithstanding many admonitions and commandments given unto you to the contrary, remained a person much grudging, speaking, and repugning against the godly reformations of abuses in religion, set forth by the king's Highness's authority within this his realm; and forasmuch as we do also find you a notable, open, and contemptuous disobeyer of sundry godly and just commandments given unto you by our said sovereign lord and by his authority, in divers great and weighty causes touching and concerning his princely office, and the state and common quietness of this his realm; and forasmuch as you have, and yet do, contemptuously refuse to recognise your notorious negligences and misbehaviours, contempts and disobediences,remaining still, after a great number of several admonitions, always more and more indurate, incorrigible, and without all hope of amendment -- contrary both to your oath sworn, obedience, promise, and also your bounden duty of allegiance; and for that great slander and offence of the people arise in many parts of the realm, through your wilful doings, sayings, and preachings, contrary to the common order of the realm; and for sundry other great causes by the acts, exhibits, your own confession, and proofs of this process, more folly appearing; considering withal that nothing effectually hath been on your behalf alleged, proposed, and proved, nor by any other means appeareth, which doth or may impair or take away the proofs made against you, upon the said matters and other the premises:
"Therefore we, Thomas, archbishop of Canterbury, primate of all England, and metropolitan, judge delegate aforesaid, having God before our eyes, with express consent and assent of Nicholas, bishop of London, Thomas, bishop of Ely, Henry, bishop of Lincoln, Sir William Peter, knight, Sir James Hales, knight, Griffith Leyson and John Oliver, doctors of the civil law, Richard Goodrick and John Gosnall, esquires, judges and colleagues with us in the matters aforesaid, and with the counsel of divers learned men in the laws, with whom we have conferred in and upon the premises, do judge and determine you, Stephen, bishop of Winchester, to be deprived and removed from the bishopric of Winchester, and from all the rights, authority, emoluments, commodities, and other appurtenances to the said bishopric in any wise belonging, whatsoever they be; and by these presents we do deprive and remove you from your said bishopric, and all rights and other commodities aforesaid; and further pronounce and declare the said bishopric of Winchester, to all effects and purposes, to be void by this our sentence definitive, which we give, pronounce, and declare in these writings."
"This sentence definitive being given, the said bishop of Winchester, under his former protestations, dissented from the giving and reading thereof, and from the same, as unjust, and of no efficacy or effect in law; and in that the same containeth excessive punishment, and for other causes expressed in his appellation aforesaid, he did then and there, immediately after the pronouncing of the sentence, by word of mouth appeal to the king's royal Majesty, first, secondly, and thirdly, instantly, more instantly, most instantly; and asked apostules, or letters dimissorial, to be given and granted unto him: and also, under protestation not to recede from the former appellation, asked a copy of the said sentence; the judges declaring that they would first know the king's pleasure and his council's therein. Upon the reading and giving of which sentence, the promoters willed William Say and Thomas Argall to make a public instrument, and the witnesses then and there present to bear testimony thereunto; and the bishop of Winchester required us also to make him an instrument upon his said appellation, and the said witnesses to testify thereunto; being present as witnesses at the premises: namely, the earls of Westmoreland and Rutland; the lord William Haward, the Lord Russel; Sir Thomas Wrothe, Sir Anthony Brown, knights; Master John Cheke, esquire; John Fuller, Richard Lyall, Galfride Glyn, William Jefferey, Richard Standish; David Lewis, doctors of law; Master Serjeant Morgan, Master Stamford, Master Chidley, Master Carell, Master Dyar, temporal counsellors; and many others in a great multitude then assembled."
And thus have you the whole discourse and process of Stephen Gardiner, late bishop of Winchester, unto whom the papistical clergy do so much lean (as to a mighty Atlas, and upholder of their ruinous religion); with his letters, answers, preachings, examinations, defensions, exhibits, and attestations, of all such witnesses as he could produce for the most advantage to his own cause, with such notes also, and collections gathered upon the same; whereby, if ever there were any firm judgment or sentence in that man to be gathered in matters of religion, here it may appear what it was, as well on the one side as on the other.
And thus an end of Winchester for a while, till we come to talk of his death hereafter, whom as we number amongst good lawyers, so is he to be reckoned amongst ignorant and gross divines, proud prelates, and bloody persecutors, as both by his cruel life and Pharisaical doctrine may appear, especially in the article of the sacrament, and of our justification, and images, and also in crying out of the Paraphrase, not considering in whose person the things he spoken; but what the paraphrast uttereth in the person of Christ, or of the evangelist, and not in his own, that he wresteth unto the author, and maketh thereof heresy and abomination.
The like impudency and quarrelling also he used against Bucer, Luther, Peter Martyr, Cranmer, and almost against all other true interpreters of the gospel. So blind was his judgment, or else so wilful was his mind, in the truth of Christ's doctrine, that it is hard to say, whether in him unskilfulness or wilfulness had greater predomination.