Actes and monuments of matters most speciall and memorable, happenyng in the Church. [vol. 2, part 1] with an vniuersall history of the same, wherein is set forth at large the whole race and course of the Church, from the primitiue age to these latter tymes of ours, with the bloudy times, horrible troubles, and great persecutions agaynst the true martyrs of Christ, sought and wrought as well by heathen emperours, as nowe lately practised by Romish prelates, especially in this realme of England and Scotland. Newly reuised and recognised, partly also augmented, and now the fourth time agayne published and recommended to the studious reader, by the author (through the helpe of Christ our Lord) Iohn Foxe, which desireth thee good reader to helpe him with thy prayer.

The ridiculous handling and proceedyng of Byshop Boner and his mates against Iohn Tooly, first suspected and condemned after his death, and then digged out of his graue, and geuen to the secular power, and so burned for an heretike.

ABout the same time of the burning of these two afore∣sayd, in the beginning of the sayd moneth of Iune,* 1.1 fell out a soleme processe & much ado was made by the Popes spiritualty agaynst Iohn Tooly, in a case of heresy. The story is this. There was about the tyme that the Spani∣ardes began first to keepe a stur in Englād, one Io. Too∣ly, a citizen & Pulter in London, who conspired with cer∣tain other of his society, to rob a Spaniard at s. Iames: & although the deed wer heinous & wicked of it self, yet was it aggrauated & made greater then it was by other, beyng cōmitted agaynst such a person, & agaynst such a countrey. which both the queene & her whole court did highly fauor. The robbery being known, & brought into iudgemēt, this Tooly was found guilty, and iudged to be hāged, wheras notwithstanding in this Realme there are many mo the••∣tes committed, then theeues executed.

The foresayd Tooly, being lead to the gallowes, (whi∣che stood fast by Charing Crosse a litle before he dyed, stan∣ding vpon the Carte, readde a certayne prayer in a printed booke, and two other prayers written in two seuerall pa∣pers, who then hauing the haltar about his necke, desired the people there present to pray for him, and to beare hym witnes that he dyed a true Christian man, and that he tru∣sted to be saued onely by the merites of Christes passion,* 1.2 & shedding of his precious bloud, and not by any masses, or Trentalles, Images, or Saintes, which were (as he said) mere Idolatry and superstition, and deuised by the bishop of Rome: and as he the same Tooly, and two other his fel∣lowes, which were there hanged with him, did steale and robbe for couetousnes, so the bishop of Rome did sell hys Masses and Trentalles, with such other peltrye for coue∣tousnes, and there being in a great anger (as appeared) a∣gaynst the bishop of Rome, spake with a loud voyce these wordes folowing: From the tyranny of the Bishop of Rome, and all his detestable enormities: From false doctrine and heresy, and from the contempt of the word and commaundement, good Lord deliuer vs.

And then adding further to the same, he spake vnto the people: All you that be true Christian men, saye with me, Amen. And immediately therupon three hundred persons and more to the iudgement & estimatiō of those that were there present, answered and sayd. Amen,* 1.3 three tymes toge∣ther

at the least.

After this it happened, that when Toolye had readde the Byll the fyrste tyme, it fell from him: and a certayne young man (who was thought to be a Prentise) stouped downe and tooke vp the Byll, and clymed vp by the Cart, and deliuered it vnto Tooly agayne, which he agayne di•• reade to the people. That done, he deliuered vnto one of the Marshialles Officers the booke aforesayd, and wylled hym to deliuer it to one Haukes, saying that it was hys Booke. Furthermore, hee deliuered one of the Prayers written in a paper, to one Robert Bromley Sergeaunt, which desired to haue it of him. Upon the toppe of whiche Byll was written a line, conteyning these wordes: Beware of Antichrist: and subscribed vnderneath: Per me Thomam Harold prysoner in the Marshalsea, enemy to Antechriste. For the Byll aforesayde Robert Bromley was brought after∣ward Coram nobis, and was faine to aske pardon of the bi∣shop, and to detest all the wordes of Tooly, and glad so to escape.

Thus while Tooly had made his prayers, as is aboue sayd, to be diliuered from the Popes tyranny, by the same prayer he fel into great tyranny. For so soon as the brute of this fact came vnto the eares of the Priests & Mitred pre∣lates, they were not a litle mad therat, thinking it not tol∣lerable that so great a reproch should be done agaynst the holy father. Calling therfore a coūsell together, as though it had bene a matter of great importance.* 1.4 Toolyes talke at his death was debated among themselues.

At the last, (after much Pro and Contra) they all consen∣ted to those mens iudgements, which thought it meet that the vyolating of the Popes holynes shoulde be reuenged with fire and fagot. And I do easely beleue, that Cardinal Poole was no small doer in this sentence:* 1.5 for as Winche∣ster and Boner did alwayes thirst after the bloud of the li∣uing, so Pooles lightning was for the most part kindled a∣gaynst the dead: and he reserued this charge onely to hym∣selfe, I knowe not for what purpose, except peraduenture being loth to be so cruel as the other, he thought neuerthe∣lesse by this meanes to discharge his duetye towarde the Pope. By the same Cardinalles like lightening and fierye fist, the bones of Martine Bucer, and Paulus Phagius, which had lyen almost two yeares in theyr graues,* 1.6 were taken vp and burned at Cambridge, as Toolyes carkase was here at London. And besides this, because he woulde shew some token of his diligence in both Uniuersities, he caused Peter Martirs wife, a woman of worthy memory, to be digged out of the Churchyarde, and to be buryed on the dunghill. Of these two prodigious actes, ye shal heare more hereafter. But now to our purpose of Tooly, which hauinge ended his prayer, was hanged, and put into hys graue, out of the which he was digged agayne, by the cō∣maundement of the Bishops, and because he was so bolde to derogate the authority of the Bishop of Rome at y^e time of his death, it pleased them to iudge and cōdemne him as an hereticke, vpon the commaundement of the Counselles letter, as here appeareth.

¶A Letter sent vnto Boner Byshop of London, from the Counsell.

AFter our very harty commendations to your Lordship vnder standing that of late amongest others that haue suffered a∣bout London for theyr offences,* 2.1 one leude person that was con∣demned for felony, dyed very obstinately, professing at the tyme of his death sundry hereticall and erronious opinions: like as we thinke it not conuenient that such a matter should be ouerpassed without some example to the world, so we thought good to pray your Lordshyppe, to cause further enquirye to be made thereof, and thereupon to proceede to the making out of such processe as by the Ecclesiasticall lawes is prouided in that behalfe. And so we bid your Lordship hartily well to fare. From Hamptō Courte, the 28. of April. 1555.

Your Lordships louing frendes.

• Ste. Winton Cancel.
• F. Shrewsbury.
• Iohn Gage.
• Thomas Cheney.
• R. Rochester.
• William Peter.
• Rich Southwell.

Anon after, a Citation was set vpon Paules Church doore vnder the Bishop of Londons great seale: the tenor wherof here ensueth.

¶The writ of Mandate of Boner B. of London, set vp at Charing Crosse, on Paules Church doore, and at S. Martins in the field, for the cityng and further inquiring out of the case of Iohn Tooly.

EDmond by the sufferaunce of God, Bishop of London,* 2.2 to all and singular Parsons, Uicares, Curates, and o∣thers, Clerks and learned men, being within our Dioces of London, and specially vnto Richard Clony our sworn Sumner, greeting, salutation, & benediction. For so much as it is come to our hearing by common fame, and the de∣claration of sundry credible persons, that one Iohn Tooly late Citizen and Pulter of London, the sonne of perdition and iniquity, comming to the profundity of malice, in the selfe same time in the which he should go to hanging, accor¦dyng to the lawes of the Realme, for the greate the••e by him lately committed, at whiche time chie••ely he shoulde haue cared for the wealth of his soule, and to haue dyed in the vnity of the Catholique Churche, did vtter diuers and sundry, damnable, blasphemous, and hereticall opinions, & errors, vtterly contrary & repugnant to the verity of the Catholicke fayth & vnity of the same, and did exhort, styrre vp, and encourage the people there standing in great mul∣titude, to hold & defend the same errors and opinions: And moreouer, certain of the people there standing, as it did ap∣peare, infected with errours and heresies, as ••autours and defenders of the sayd Iohn, did confirme and geue expresse consent to the foresayd wordes, propositions, and affirma∣tions: which thing we doe vtter with sorrow and bytter∣nesse of hart.

We therfore the foresayd Edmond & bishop abouesayd,* 2.3 not being able, nor daring passe ouer in silence, or winke at the foresaid hainous act, least by our negligence and slack∣nes, y^e bloud of thē might be required at our handes, at the most terrible day of iudgement, desiring to be certified and enformed, whether y^e premises declared vnto vs be of truth & least that any scabbed sheep, lurking amongst the simple flocke of our Lord do infect them with pestiferous heresy, to you, therfore, we straitly charge and commaūd, that you cite, or cause to be cited al and singuler, hauing or knowing the truth of the premisses, by setting vp this Citation vp∣on the Church doore of Saint Martines in the field, being within our Dioces of London, and also vpon the Cathe∣drall Church doore of S. Paules in London, leauing there the copy hereof, or by other meanes or wayes, the best you can, that this Citation and Monition may come to theyr knowledge.

All which and singular by the tenor of these presentes, we cite and admonishe that they appeare, and euery one of them do appeare before vs or our Uicar generall, or Com∣missary, whatsoeuer he be in that behalfe, in our cathedrall Church of S. Paul in London, in the Consistory place vp on thursday the second day of May, now next ensuing, be∣twixt the houres of 9. & 10. of the clocke in the forenoone the same day, to beare witnes to the truth in this behalfe, and to depose and declare faythfully the trueth that they know or haue heard of the premisses: and moreouer, to do and re∣ceiue, that law and reason doth require.

Further, we commit vnto you, as before, and straytlye enioyning you do cōmaund,* 2.4 that ye will generally cite the wife of the sayd Tooly that is dead & his children, his kyn∣red by father and mother, his frendes, and his familiars in especiall, and all other and euery of thē, if there be any per∣haps that desire to defend and purge the remembraunce of the person in the premisses, and that ye admonish them af∣ter the maner and forme aforesayd, whō we likewise by the tenor of these presentes, do in such sort cite and monish that they appeare all, & that euery one of thē do appeare (vnder pain to be cōpelled to keep silence for euer hereafter in this behalfe) before vs, or our Uicar generall in spirituall mat∣ters, or such our Commissary at the day, houre, and place a foresayd, to defende the good name and remembraunce of him that is dead, and to say, alledge, & propose in due forme of law, a cause reasonable, if they haue any or can tel of any why the sayd Iohn Tooly that is dead, ought not to be de∣termined and declared for such an heretick and excommu∣nicate person, and his remembrance condemned, in the de∣testing and condemning of so heynous a deed and crime, & his body or carkas to lacke Church buriall,* 2.5 as a rottē mē∣ber cut of from the church, and the same to be committed to the arme & power secular, and they compelled hereafter for euer to hold theyr peace.

And furthermore, to do, receiue, & to suffer, as law and reason will, and as the quality of suche matter, and the na∣ture of themselues do constrayne and require: and moreo∣uer, that you cite and monish after the maner aforesayd, all and euery of the receiuers, fautours, and creditours of the sayd Iohn Tooly that is dead, especially if any of them doe accline and geue consent to th••se wicked and detestable af∣firmations, propositions, and rehearsals aforesaid, that on this side the sayd thursday,* 2.6 they returne and submit them∣selues vnto vs, and to the lap of the mother holy Church: which thing if they doe, we trusting vpon the mercye of al∣mighty

God, do promise that we will receiue them beyng penitent for such theyr errors & faultes, with thankes, be∣nignity, mercy and fauor, to the comfort and health of their owne soules, and in that behalfe saue their honesties to the vttermost of our power: otherwise if they wil not prouide thus to come of theyr owne accord, but to abide y^e ordinary processe of the law, let those mē know that we will punish more seuerely this offēce, according to the vttermost of the law, and as farre as the law will beare it: & what you shal do in the premisses, let him among you which shall execute this our present Mandate, certify vs, or our vicar general in spirituall matters, eyther by his owne person, or by his letters patents, tog••ther with these autētically sealed. Da∣ted at London vnder our seale, the last day saue one of A∣pril. 1555. and of our Translation the 16.

When the tyme of this Citation was expired, and thys Tooly being cited, dyd not appeare: next in order of lawe came the suspension (where as one suspension had bene e∣nough for him) and after that commeth the Excommuni∣cation,* 2.7 that is, that no man should eat or drinke with him, or if any mette him by the way, he shoulde not bidde hym good morrow, and besides that, he should be excluded from the Communion of the Churche. These thynges beyng prepared in such maner, as in such cases ful wisely they vse to do, at length one stood out for the nonce, that made aun∣swere to certayne articles, rehearsed in iudgement openly, and that in the behalfe of the dead manne. But when the poore dead man could neyther speake for himselfe, nor did, (as they sayd) sufficiently aunswere them by the other, to auoyde the name of an hereticke: first witnesses were pro∣ducted agaynst him, whose names were Hēry Clarke Es∣quire,* 2.8 Thom. Way keeper of the Marshalsey, Philip An∣drew Undermarshal, William Holingworth Fishmōger, William Gellard, William Walton Chaundler, Richarde Longman Marchaunt Taylour, Philip Britten, Iohn Burton Brewer, Thomas Smyth Sergeant. Then hee was for an hereticke condemned, aand so committed to the secular power,* 2.9 namely to the Shiriffes of London, which with like diligence went aboute to execute their charge. Therfore receiuing the man being suspēded, excommuni∣cated, condemned as an hereticke, and besides that beyng dead, they laid him on the fire to be burned, namely, ad per∣petuam rei memoriam, for a continuall remembrance therof. This was done the fourth day of Iune.

Notes

• * 1.1

  The story of Iohn Tooly.
• * 1.2

  Iohn Too•••• dyed a 〈◊〉〈◊〉 Christian man.

  The Chr••••stian con∣fession of Tooly. The coue••••t••usnes of the Pope.
• * 1.3

  〈1 paragraph〉〈1 paragraph〉
• * 1.4

  A Coun∣cell called agaynst ••ooly.
• * 1.5

  Cardinall Poole a great doer in burning dead mens Bones
• * 1.6

  M. Bucer Paulus Phagius, Peter Mar∣tyrs wyfe. Iohn Tooly, ••urned for heretickes after their death.
• * 2.1

  The Coun∣sells letter 〈◊〉〈◊〉 B. Boner concerning Tooly.
• * 2.2

  A Citation set vp by Boner & that in Latin, commaunding his kinne and kinsfolkes to lay for him what they could, before the sen∣tence geuen, or els to hol•• their peace for euer.
• * 2.3

  Note how Bo∣ner here preten∣deth conscience in prosecuting this matt••r. when onely he was commaun∣ded vnto it ••y the Counsells letters.
• * 2.4

  The wyfe chil∣dren & kind••ed of Iohn Tooly cited.
• * 2.5

  The carcas of Tooly ••ut of from Christian buryall.
• * 2.6

  The Bishop lay∣eth his bayte to catch whom he may trouble.
• * 2.7

  Tooly suspen∣ded and excom∣municated.
• * 2.8

  Witnes agaynst Iohn Tooly.
• * 2.9

  Tooly geuen to the secular power.