VI. would not suffer him any longer to dally out the matter with his Edward vain quiddities and subtleties in law, but ever earnestly urged him to go directly to his matter, and therewithal sometimes sharply rebuking A.D. him for his evil and. stubborn behaviour towards them; Bonner, to 1549. deface his authority (as he thought), did also then exhibit in writing Bonner a recusation of the secretary's judgment against him; the form and secretary manner whereof, as he exhibited it unto the judges, I thought here Smith to also to exhibit unto the reader as hereunder followeth : refuseth be judge. See The Recusation of the Judgment of Sir Thomas Smith, made by Appendix. the Bishop of London the first time. ye refused layeth ex In the name of God, Amen. Forasmuch as equity, natural reason, and all Causes good laws, do require that judges shall be of that integrity, wisdom, circum- why he spection, learning, and indifferency, that, exercising the office and room of a secretary judge, they may and shall do it without hatred, malice, or grudge against any Smith. person convented or called before them; uprightly, sincerely, and duly executing and doing their office unto them in any wise committed: and forasmuch also as all judgments and process ought to have their due course, and proceed without suspicion or corruption in any wise: and finally, forasmuch as very dangerous it is to appear and make defence before an incompetent judge, who commonly and accustomably, of private and unlawful corrupt affection to the one side, and for malice, hatred, and envy borne against the other side, rather serveth his carnal, corrupt, and wilful appetite, than by any thing else is moved to obedience and keeping of good order, law, or reason, touching him that is convented and compelled to make answer against his will: I therefore, Edmund Bonner bishop of London, having perceived and felt by all the sayings, proceedings, ceptions and doings of you sir Thomas Smith, knight, one of the two principal secretaries against to the king's majesty, in this matter attempted and moved against me, that him. have been, and yet continually are, a notorious and manifest enemy of me the said Edmund, and much offended that I should in any wise allege and say, or use any such things for my most defence, as the law giveth me license and liberty to do; yea, hearing most favourably and effectually my denouncers and enemies with both ears in any thing that they shall allege, purpose, attempt, or do against me, though their persons in law are not in any wise to be heard or admitted, nor yet their sayings true; and not hearing me so much as with one ear in my lawful sayings and doings in this behalf; but, contrariwise, opening your mouth at large, ye have sundry times, against good wisdom and reason, outraged in words and deeds against me the said Edmund, saying, among other words: that I did as thieves, murderers, and traitors are wont to do, being myself (as ye untruly did say), inwardly indeed culpable; and yet outwardly otherwise unable to defend the matter against me, but only by taking exceptions, and making frivolous allegations against my judges and commissioners; and that I have been and am as sturdy, wilful, and disobedient, as may be in your judgment and opinion, maintaining and upholding the rebels and their opinions; and that I shall answer by mouth, or else smart and do worse; or else ye will send me to the Tower, there to sit and be joined with Ket and Humphrey Arundel the rebels:' over and besides divers other threatenings and comminatory words by you pronounced and uttered unseemly, and far unmeet to proceed out of the mouth of you, that are in such room and place as ye be in. And moreover, increasing your malice, evil will, and grudge borne against me, ye have, amongst other things, untruly surmised, written, alleged, and said, that a certain book of articles and injunctions by the lord protector's grace in the full council, after a certain prescribed fashion and form in the denunciation, commission, and articles which, de facto, were induced, brought in, and objected against me, was delivered unto me: and, moreover, of an evil will and ungodly intent and purpose, contrary to the truth, ye have withdrawn, added, altered, and qualified divers things in the same, otherwise than they were spoken and done; and yet ye are not ashamed to allege, write, and say, that all is true, and one consonant and agreeable in all points with the other, Edward whereas indeed it is not so. And yet have further, de facto, against the law, VI. and against the commission to you directed, and against my just and lawful A. D. allegations and sayings, proceeded unlawfully and unjustly against me, attempt1549. ing many things against me unlawfully and unjustly, as appeareth in the acts of this matter, to the which I do refer me so far forth as they make for me, and be expedient by me and for me to be alleged and referred unto yourself also unlawfully and unjustly, de facto, with your colleagues; the which, without you had begun the said matters, proceeding where by the law ye so ought not to have done indeed, but abstained therefrom, as heretofore sundry times I have alleged, appearing in the acts of this court; I do, upon these just and reasonable causes, according to the order of the king's majesty's ecclesiastical laws, refuse, decline, and recuse you the said sir Thomas Smith, as an incompetent, unmeet, and suspect judge, against me in this behalf; and decline your pretensed jurisdiction in this matter for causes aforesaid, desiring nothing but the king's justice, and offering myself prompt and ready to prove them as far as I am bound, and according to the order of the king's majesty's ecclesiastical laws of this realm in this behalf, as time, place, and otherwise shall require. The pope's laws termed ecclesi astical laws. The reply of secre tary Bonner. This recusation ended, the secretary told him plain, that, notwithstanding, he would proceed in his commission, and would be still his Smith to judge until he were otherwise inhibited; and said unto him further, My lord! whereas you say in your recusation, that I said that you did like thieves, murderers, and traitors; indeed I said it, and may and will so say again, since we perceive it by your doings." dee Appendix. 66 Bonner in 6 a pelting chafe. Whereupon the bishop in a great and stout rage replied, saying, Well, sir! because you sit here by virtue of the king's commission, and for that ye be secretary to his majesty, and also one of his highness's council, I must and do honour and reverence you; but as you be but sir Thomas Smith, and say as ye have said, that I do like thieves, murderers, and traitors, I say ye lie upon me, and in that case I defie you; and do what ye can to me, I fear you not, and therefore, quod facis, fac citius.'" Whereat the archbishop with the other commissioners said unto him, that for such his unreverent behaviour he was worthy imprisonment. 2 Then the bishop, in more mad fury than before, said again unto him, "A God's name, ye may do de facto, send me whither ye will, and I must obey you therein; and so will, except ye send me to the devil; for thither I will not go for you. Three things I have; to wit, a small portion of goods, a poor carcase, and mine own soul: the two first ye may take (though unjustly) to you; but as for my soul, ye get not, "Quia anima mea in manibus meis semper." "Well," said the secretary, "then ye shall know that there is a king." 993 "Yea, sir," saith the bishop, "but that is not you; neither, I am sure, will you take it upon you." "No, sir," said again the secretary, "but we will make you know who it is." And with that the commissioners commanded the bishop and all the rest to depart the chamber, until they called for him again. Now, in the mean while that the commisioners were in consultation, the bishop with Gilbert Bourn his chaplain, Robert Warnington his commissary, and Robert Johnson his registrar, were tarrying in a (1) Here Bonner most proudly shameth not to belie the king's secretary and one of his majesty's council, charging him with altering and adding unto the council's injunctions (2) I pray God ye go not for yourself. (3) Psaim exix. 109, Latin Vulgate. VI. void quadrant-place before the door of the same chamber; where Edward the bishop, leaning on a cupboard, and seeing his chaplains very sad, said unto them in effect as followeth : A. D. 1549. talk to rant chamber of pre Lambeth. 'Sirs, what mean you? Why show you yourselves to be so sad and heavy in mind, as appeareth to me by your outward gestures and countenances? I Bonner's would wish you, and I require you, to be as merry as I am (laying therewith his chaphis hand upon his breast); for, afore God, I am not sad or heavy, but merry lains in and of good comfort; and am right glad and joyful of this my trouble, which is the quadfor God's cause; and it grieveth me nothing at all. But the great matter that place, grieveth me and pierceth my heart, is, for that this Hooper and such other before the vile heretics and beasts, be suffered and licensed to preach at Paul's cross, and in other places within my diocese and cure, most detestably preaching and sence at railing at the blessed sacrament of the altar, and denying the verity and presence of Christ's true body and blood to be there: and so infect and betray my flock. But, I say, it is there in very deed, and in that opinion I will live and Here die, and am ready to suffer death for the same. Wherefore ye, being christian Bonner's I do require you, and also charge and command you, in the name of God, heart and on his behalf, as ye will answer him for the contrary, that ye go to the bursteth mayor of London, and to his brethren the aldermen, praying and also requiring Bonner's them earnestly, in God's name and mine, and for mine own discharge on that popish behalf, that from henceforth, when any such detestable and abominable message preachers, and especially those who hold opinion against the blessed sacrament and of the altar, do come to preach unto them, they forthwith depart out of their pre- the lord sence, and do not hear them; lest that they, tarrying with such preachers, should mayor not only hurt themselves in receiving their poisoned doctrine, but also give a visage to the encouragement of others, who thereby might take an occasion to think and believe, that their erroneous and damnable doctrine is true and good: and this eftsoons I require and command you to do.' men, And then turning himself about, and beholding two of the archbishop's gentlemen, who in the same place kept the chamber-door where the commissioners were in consultation, and perceiving that they had heard all his talk, he spake unto them also and said: obedient out. charge to and alder men. charge to And, sirs, ye be my lord of Canterbury's gentlemen; I know ye very well; Bonner's and therefore I also require and charge you, in God's behalf, and in his name, trifling that ye do the like, for your parts, in places where you shall chance to see and hear the archsuch corrupt and erroneous preachers; and also advertise my lord your master bishop's of the same, and of these my sayings, that I have now spoken here before gentleyou, men. as ye are christian men, and shall answer before God for the contrary.' See With this the commissioners called for the bishop again, who did Appendir. read unto them an instrument, containing a provocation to the king, which he made in manner and form here following: The first Appellation intimated by Edmund Bonner, Bishop of London. In the name of God, Amen. It shall appear to all men by this public In the name of God, Amen. I, Edmund bishop of London, say, allege, VOL. V. VI. A. D. Edward and propound, before you being a public notary, and these credible witnesses here present, that although I, the aforesaid Edmund, have attained the bishopric aforesaid by the benevolence of the prince of famous memory king Henry the 1549. Eighth, and was lawfully elected and translated to the same, with its rights and appurtenances, and have of a long time possessed peaceably and quietly the same, and presently do possess, being taken as bishop and lawful possessor of the said bishopric, and am lawfully called, taken, and reputed notoriously and publicly; and, moreover, do keep residence and hospitality in the same, according to the order, state, person, and dignity, and as the revenues of the same would permit; and have exercised and done all things appertaining to my pastoral office, as the laws do require, as hereafter I trust by God's grace to do and observe; a man of good name and fame, neither suspended, excommunicated, nor interdicted, neither convicted of any notable crime or fact, always obeying readily the commandment of the church, and other my superiors in all lawful causes; nevertheless, fearing upon certain probable causes, likely conjectures, threatenings, and assertions of certain injurious men my enemies, or at the least, such as little favour me, that great damage may come to me hereafter about the premises or part of them; and lest any man by any authority, commandment, denunciation, inquisition, office, or at the request of any person or persons, may attempt prejudice or hurt to me or my said dignity, either by my excommunication, interdiction, sequestration, spoiling, vexing and perturbing by any manner of means; do appeal unto the most high and mighty prince our sovereign lord Edward the Sixth, by the grace of God king of England, France, &c., and in these my writings do provoke and appeal to his regal majesty. I do also require apostles, so much as in this case they are to be required, the first, second, and third time, earnestly, more earnestly, and most earnestly of all, submitting myself unto the protection, tuition, and defence of my aforesaid most dread sovereign lord, for the safeguard of me, my dignity and title, and possession in the premises, and to all that will cleave to me in this behalf. I do also protest, that I will be contented to correct, reform, and amend this my present protestation, and to the same to add, to take away, and to bring the same into the best form and state that may be devised by the counsel of learned men, or as the case shall require; and the same to intimate according to time and place, and the order of the law, and still shall require.' Bonner to be Upon all the which things the aforesaid Edmund, bishop of London, did require the public notary hereunder written to make unto him, and the witnesses hereafter named, one, two, or more copies of this protestation. These things were done the year, day, and time above written, there being present Gilbert Bourn, bachelor of divinity, John Harpsfield and Robert Colen, masters of arts, John Wakeling and Richard Rogers, learned men; being of the diocese of Worcester, Westminster, Coventry, Lichfield, and Gloucester, and specially requested to be witnesses of the same. And I, Frances Harward, of the diocese of Worcester, and public notary by the king's regal authority, forasmuch as I was present when the foresaid protestation, appellation, and other the premises were done, the year of our Lord, the year of the reign of the king, the day of the month and place aforesaid, the witnesses above named being present, and forasmuch as I did enact the same, therefore to this present public instrument, written faithfully with mine own hand, I have put to my mark, being specially requested unto the same. Which thing after he had read, he did, under his protestation, requireth first intimate unto the archbishop, the bishop of Rochester, and Dr. things May, and then protesting also not to recede from his recusation, did entered likewise intimate the same unto Master Secretary Smith, requiring in regis- the registrar to make an instrument as well thereupon, as also upon his recusation, with witness to testify the same. ter. See Addenda. Then the delegates did again proceed to the examination of the last answers, and finding the same imperfect, they demanded of him (1) Apostles' is a term of canon law, and signifieth as much as letters reverential or dimissories. [See the Appendix on this passage.-En.] VI. 1549. (according to the first article), what special day of August he was Edward sent for by the lord protector? To whom he obstinately answered, that he was not bound to make other answer than he had already A.D. made, unless they did put their articles more certain: neither would he otherwise answer as long as master secretary Smith was there present, whom he had before recused, and therefore would not recede from his recusation. Sec The secretary, seeing him so wilful and perverse, said sharply unto Appendix. him, "My lord! come off, and make a full and perfect answer unto these articles, or else we will take other order with you to your pain." "In faith, sir," then said the bishop again, "I have thought ye had been learned; but now, before God, I perceive well that either ye be not learned indeed, or else ye have forgotten it for I have so often answered lawfully and sufficiently, and have so often showed causes sufficient and reasonable, why thereunto I ought not by law to be compelled (you showing nothing to the contrary, but sensuality and will), that I must needs judge that you are too, too ignorant herein." "Well," said Master Secretary, "ye will not then otherwise answer ?" "No," said the bishop, "except the law compel me." Then said the secretary, "Call for the knight-marshal, that he may be had to ward." com. manded Mar With that all the rest of the commissioners charged the bishop, Bonner that he had at that time sundry ways very outrageously and ireverently behaved himself towards them sitting on the king's to the majesty's commission, and especially towards sir Thomas Smith, his shalsea. grace's secretary; and therefore, and for divers other contumelious words which he had spoken, they declared they would commit him to the Marshalsea. By this time the marshal's deputy came before them, whom Master Secretary commanded to take the bishop as prisoner, and so to keep him, that no man might come unto him; for if he did, he should sit by him himself. When the secretary had ended his talk, the bishop said unto him, "Well, sir, it might have become you right well, that my lord's grace here present, being first in commission, and your better, should have done it." Then the commissioners, assigning him to be brought before them on Monday next before noon, between seven and nine of the clock in the hall of that place, there to make full answer to these last articles, or else to show cause why he should not be declared "pro confesso," did, for that present, break up that session. choose, Now as the bishop was departing with the under-marshal, he in a Bonner's great fury turned himself again toward the commissioners, and said to great sir Thomas Smith, "Sir, whereas ye have committed me to prison, could not ye shall understand that I will require no favour at your hands, but but he' shall willingly suffer what shall be put unto me, as bolts on my heels, needs yea, and if ye will, iron about my middle, or where ye will." Then departing again, he yet returned once more, and foaming out his poison, said unto the archbishop; "Well, my lord! I am sorry that I, being a bishop, am thus handled at your grace's hand; must utter his stomach. |