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.

¶Iames Bainham Lawyer and Martyr.

IAmes Bainham Gentleman, sonne to one M. Bainhā a knight of Glocestershyre,* 1.1 being vertuously brought vp by his parents, in the studies of good letters, had know∣ledge both of the Latine & the Greeke tongue. After that, he gaue himselfe to the study of the lawe, beinge a man of vertuous disposition, & godly conuersation, mightely ad∣dicted to prayer, an earnest reader of y^e Scriptures, a great mainteiner of the godly, a visitor of the prisoners, liberall to scholers, very mercifull to his clients, vsing equity and iustice to the poore, very diligent in geuing counsell to all the needy, widowes, fatherles, and afflicted, without mo∣ny or reward, briefely a singular example to al Lawyers.

This M. Bainham, as is aboue noted, maryed the wife of Symon Fishe aforesayd, for the which he was the more suspected, and at last was accused to Syr Tho. More Chauncellor of England, and arrested with a Sergeant at Armes, and caryed out of the middle Temple▪ to the Chauncellors house at Chelsey, where he continued in free prison a while, till the time that Syr Tho. More sawe hee could not preuayle in peruerting of him to his secte. Then he cast him in prison in his owne house, and whipped hym at the tree in his garden, called the tree of troath, and after sent him to the Tower to be racked, and so he was, Syr Tho. More being present himselfe, till in a maner hee had lamed him, because he would not accuse the Gentlemen of the Temple of his acquayntaunce, nor woulde not shewe where his bookes lay: and because his wife denyed them to be at his house, she was sent to the Fleet, & their goodes confiscate.

After they had thus practised agaynst hym what they coulde, by tortures and tormentes. then was he brought before Iohn Stokesly Bishop of London, the 15. of Decē∣ber, an. 1531. in the sayd towne of Chelsey, and there exami∣ned vpon these Articles and interrogatories ensuing.

FIrst whether he beleued there were anye Purgatory of soules hence departed.* 1.2

Wherunto he made aunswere as foloweth: If we walke in light euen as he is in light, we haue society together with him, and the bloud of Iesus Christ his sonne, hath clensed vs from all sinne. If we say we haue no sinne, wee deceiue our selues and the truth is not in vs. If we confesse our sinne, he is fathfull and iust, and will forgeue vs our sinnes, and will purge vs from all our i∣niquityes,

2. Secondly, whether the Sayntes hence departed, are to to be honored and prayed vnto, to pray for vs.* 1.3

To which he aunswered on this wise: My litle children, I write this vnto you, that you sinne not. If any man do sinne, we haue an Aduocate with the Father, Iesus Christ the iust, and he is the propitiation for our sinnes, and not onely for our sinnes, but also the sinnes of the whole world. And further, vpon occasion of these wordes: Omnes sancti Dei orate pro nobis, being de∣maunded what he ment by these wordes. Omnes sancti, he aunswered: that he meant them by those that were aliue, as S. Paule did by the Corinthians, and not by those that be dead:* 1.4 for he prayed not to them (he sayde) because he thought that they which be dead cannot pray for him. Item, when the whole church is gathered together, they vse to pray one for an other, or desire one to pray for an other, with one hart: and that the will of the Lord may be fulfilled and not ours: and I pray, sayd he, as our Sa∣uior Christ prayd at his last houre. Father, take this cuppe frō me if it be possible, yet thy will be fulfilled.

3 Thirdly, he was demaunded whether he thought that any soules departed were yet in heauen or no.

To this he answered and sayd: That he beleued that they be thete as it pleaseth god to haue them, that is to say,* 1.5 in the faith of Abraham, and that herein he would: commit himselfe to the Church.

4. Fourthlye, it was demaunded of him, whether hee thought it necessary to saluation, for a man to confesse his sinnes to a Priest.

Whereunto his aunswere was this:* 1.6 That it was lawfull for one to confesse and knowledge his sinnes to another. As for any other confession he knew none.* 1.7 And further he sayd that if he came to a Sermon, or any other where, where as the worde of God is preached, and there take repentance for his sinnes, he be∣leued his sinnes, forthwith to be forgeuen of God, & that he nee∣ded not to go to any confession.

5. Fiftely, that he should say and affirme, that the truth of holy Scripture hath bene hid, and appeared not these 800. yeares, neither was knowne before now.

To this he sayde: That he ment no otherwise, but that the truth of holy Scripture was neuer, these 800 yeares past,* 1.8 so plain∣ly and expressely declared vnto the people, as it hath bene within these 6. yeares.

6. He was demaūded further, for what cause holy Scrip∣ture hath bene better declared within these 6. yeares, then it hath bene these 800. yeares before.* 1.9

Wherunto he answered: To say playnly, he knew no mā to haue preached the word of God sincerely & purely,* 1.10 and after the vayne of Scripture, except M. Crome and M. Latimer, and sayd moreouer, that the new Testament now translated into Englishe,

doth preach and teach the word of God, & that before that time, men did preach but onely: that folkes should beleue as the chur∣che did beleue, and then if the Church erred, men should erre to. Howbeit the church sayd he,* 1.11 of Christ can not erre: & that there were 2. Churches, that is, the Church of Christ militant, and the Church of Antechrist, and that this church of Antechrist may & doth erre, but the Church of Christ doth not.

7. Seuenthly, whether he knew any person that dyed in the true fayth of Christ, since the Apostles time.

* 1.12He sayd: He knew Bayfild, and thought that he dyed, in the true fayth of Christ.

* 1.138. Eightly, he was asked what he thought of Purgato∣ry and of vowes.

He aunswered: If any such thing had bene moued to Saynct Paule of Purgatory after this life,* 1.14 he thought S. Paule would haue condemnede it for an heresy. And when hee heard M. Crome preach and say,* 1.15 that he thought there was a Purgatory after this life, he thought in his minde that the sayd M. Crome lyed, & spake against his conscience, and that there was a hundreth moe, which thought the same as he did: saying moreouer that he had seene the confession of M. Crome in print, God wot a very foolish thing, as he iudged.

And as concerning vowes, he graunted that there was law∣full vowes as Ananias vowed Act. 5. for it was in his owne pow∣er,* 1.16 whether he woulde haue solde his possession or not, & there∣fore he did offend. But vowes of chastity, and all godlynesse is ge∣uen of God by his aboundant grace, the which no man of himself can keep, but it must be geuē him of God. And therfore a Monke, Frier, or Nunne, that haue vowed the vowes of Religion, if they thinke, after theyr vowes made, that they can not keep theyr pro∣mises that they made at Baptisme, they may go forth and mary, so that they keepe after theyr mariage, the promise that they made at Baptisme. And finally he concluded, that he thought there were no other vowes, but onely the vow of Baptisme.

9. Ninthly, he was demaunded whether Luther beyng a Frier, & taking a Nunne out of religion, & afterward ma∣rying her,* 1.17 did well or no, and what he thought therein.

He aunswered: That he thought nothing. And when they asked him, whether it was lechery or no. He made aunswere he could not say so.

As concerning the Sacrament of anneling, being wil¦led to say his minde.

* 1.18He aunswered & sayd: It was but a ceremony, neither dyd he wotte what a man should be the better for such an oyling and annoynting The best was, that some good prayers he saw to bee sayd thereat.

* 1.19Likewise, touching the Sacrament of Baptisme, hys wordes were these.

That as many as repent, and do on them Christ, shalbe saued: that is, as many as die concerning sinne, shall liue by fayth wyth Christ.* 1.20 Therefore it is not we that liue after that, but Christ in vs. And so whether we liue, or dye, we are Gods by adoption, & not by the water onely, but by water and fayth: that is by keping the promise made For ye are kept by grace and fayth, sayth S. Paule, & that not of your selfe: for it is the gift of God.

He was asked moreouer of matrimony, whether it was a Sacrament or not, and whether it conferreth grace, being commaunded in the old law, and not yet taken away.

His answere was: that Matrimony is an order or law, that the Church of Christ hath made,* 1.21 and ordeined, by the which menne may take to them women and sinne not.

* 1.22Lastly, for his bookes of scripture, & for his iudgemēt of Tindall, because he was vrged to cōfesse the troth, he sayd: That he had the new Testament translated into the English toūg by Tindall,* 1.23 within this moneth, and thought he offēded not God in vsing and keeping the same, notwithstanding that he knewe the kinges proclamation to the contrary, and that it was prohibited in the name of the Church at Paules crosse. But for all that hee thought the word of God had not forbid it: confessing moreouer, that he had in his keeping within this moneth, these bookes: the wicked Mammon, the obedience of a Christen man, the practise of Prelates, the aunswere of Tindall to Tho. Mores Dialogue, the booke of Frith agaynst Purgatory, the Epistle of George Gee, ali∣âs George Clerke: adding furthermore, that in all these bookes he neuer saw any errors And if there were any such in them, then if they were corrected, it were good that the people had the sayde bookes.* 1.24 And as concerning the newe Testament in Englishe, he thought it vtterly good, and that the people should haue it, as it is· Neither did he euer know (sayde he) that Tindall was a noughtye felow. And to these answeres he subscribed his name. This ex∣amination (as is sayd) was the 15. day of December.

The next day folowing, which was the 16. day of De∣cember, the sayd Iames Bainham appeared agayn before the Bishop of London, in the foresayd place of Syr Tho∣mas More at Chelsey,* 1.25 where, after the guise and forme of theyr proceedinges, first his former Articles with his aun∣sweres were agayn repeated, and his hand brought forth. Which done, they asked him whether he would persiste in that which he had said, or els would returne to the Catho∣licke Church from whence he was fallen, and to the which he might be yet receiued, as they said: adding moreouer ma¦ny fayre intising & alluring wordes, that he would recon∣cile himself, saying the time was yet that he might be recei∣ued: the bosome of his mother was open for him. Other∣wise if he would continue stubbern, there was no remedy.

Now was the time either to saue, or els vtterly to cast himselfe away. Which of these wayes he would take, the case present now required a present aunswere, for else the sentence definitiue was there ready to be read. &c.

To conclude lōg matter in few words, Bainhā waue∣ring in a doubtfull perplexity betwene life on y^e one hand,* 1.26 & death on y^e other, at lēgth geuing ouer to the aduersaries, gaue answere vnto thē that he was cōtēted to submit him∣self, in those things wherin he had offēded, excusing that he was deceiued by ignorāce. Thē y^e bishop requiring him to say his mind plainely of his answeres aboue declared de∣maūded what he thought therof, whether they were true, or no.

To this Bainham sayd, that it was to high for him to iudge. And then being asked of the Bishop, whether there was any Purgatory, he aunswered, and sayd: he could not beleue that there was any Purgatory after this life.

Upon other Articles being examined and demaunded, he graūted as foloweth: That he could not iudge whether Bayfild dyed in the true fayth of Christ or no. That a man making a vowe, can not breake it without deadly sinne. That a Prieste promising to liue chaste, may not mary a wife. That he thinketh the Apostles to be in heauen. That Luther did nought in marying a Nunne. That a childe is the better for confyrmation. That it is an offence to God, if any man keepe bookes prohibited by the Church, the pope, the Bishop, or the King, and sayde that he pondered those poyntes more now, then he did before. &c.

Upon these aunsweres the Bishop thinking to keepe him in safe custody, to further triall, committed him to one of the Counters.

The time thus passing on, which bringeth all thinges to theyr end, in the month of Febr. next folowing in y^e yere of our Lord 1532. the foresayd I. Bainham was called for again to the bishops Cōsistory, before his Uicar general, & other his assistance:* 1.27 to whō Foxford the bishops Chaūcel∣lor recited again his articles & answeres aboue mētioned, protesting that he intēded not to receiue him to y^e vnity of y^e holy mother church,* 1.28 vnlesse he knew the said Bainhā to be returned again purely & vnfaynedly to the catholick faith, and to submit himselfe penitently to the iudgement of the Church. To whom Bainham spake in this effect, saying that he hath and doth beleue the holy Church, and holdeth the fayth of the holy mother the Catholicke Church.

Wherunto the Chaūcellor offring to him a Bill of hys abiuratiō, after y^e forme of y^e Popes church cōceiued, requi∣red him to read it. Who was cōtented & read to y^e clause of y^e abiuratiō, cōteining these words: I voluntarily, as a true penitēt persō returned frō my heresies, vtterly abiure. &c. & there he staid & would read no farther, saying y^t he knew not y^e articles cōteined in his abiuratiō to be heresy, there∣fore he could not see why he should refuse thē. Which done, y^e Chaūcellor proceded to the reading of this sētēce defini∣tiue, cōming to y^e place of this sentēce: y^e doctrine & determi¦natiō of the church. &c. & there paused, saying he would re∣serue y^e rest till he saw his time. Whō then Bainhā desired to be good vnto him, affirming that he did acknowledge y^t there was a Purgatory: that y^e soules of the apostles were in heauen. &c. Then began he agayne to read the sentence but Bainham agayne desired him to be good vnto him. Whereupon he ceased the sentence, & sayd that he would ac∣cept this his confession for that time as sufficient.

So Bainhā for that present was returned to his prison agayne. Who then the 5. day after,* 1.29 which was the 8. day of February, appeared as before, in the consistory. Whom the foresayd Chauncellor repeating agayne his articles & an∣sweres, asked if he would abiure and submit himself: who aunswered that he would submitte himselfe, and as a good Christian man should. Agayne the Chauncellor the second time asked if he woulde abiure. I will (sayd he) forsake all my Articles, and will meddle no more with them, & so be∣ing commaunded to lay his handes vpon the booke, read his abiuration opēly. After y^e reading wherof he burst out into these wordes, saying, that because there were many wordes in the sayd abiuration, which he thought obscure & difficile, he protested that by his oth he intended not to go from such defence, which he might haue had before his oth. Which done y^e Chaūcellor asked him why he made that pro¦testation? Bainhā said, for feare least any man of ill will do accuse me hereafter. Thē y^e Chaūcellor taking y^e definitiue, sentēce in his hand, disposing himself (as appeared) to read

the same: Well M. Baynham (sayd he) take your othe, and kille the booke, or els I will do mine office agaynst you, & so immadiatly he tooke the booke in his hand and kissed it, and subscribed the same with his hand.

Which done, the Chaūcellor receiuing the abiuratiō at his hand, put him to his fine, first to pay xx.li. to the king. After that,* 1.30 he enioyned him penaunce, to goe before the Crosse in procession at Paules, & to stand before the prea∣cher during the sermōs at Paules crosse, with a fagot vpō his shoulder the next sonday, & so to returne w^t the Sum∣ner

[illustration]

*Iames Baynham enioyned Penaunce.

* 1.31 * 1.32 to the prison again, there to abide the bishops determi∣nation: and so the 17. day of Febr. he was released and dis∣missed home. Where he had scarse a moneth continued, but he bewayled his fact and abiuration, & was neuer quiet in mind & conscience, vntill the time he had vttered his fall to all his acquayntance,* 1.33 and asked God and all the world for∣geuenes before the congregation in those dayes, in a ware house in Bowlane: and immediatly the next sonday after, he came to S. Austens, with the newe Testament in hys hand in English,* 1.34 and the obedience of a christen man in his bosome, and stoode vp there before the people in his pew, there declaring openly with weeping teares, that he had denyed God, and prayed all the people to forgeue him, and to beware of his weakenesse, and not to doe as he did. For sayd he, if I should not returne agayne vnto the truth (ha∣uing the new Testament in his hand) this word of God would damne me both body and soule at the day of iudge∣ment. And there he prayed euery body rather to dye by and by, then to do as he did: for he would not feele such an hell againe,* 1.35 as he did fele, for all the worlds good. Besides thys he wrote also certeine letters to the Bishop, to his brother, and to others, so that shortly after he was apprehended, & so committed to the Tower of London.

Notes

• * 1.1

  Iames Ba∣y••••••m M••••tyr.
• * 1.2

  Interrogatoryes ministred to Baynham.
• * 1.3

  Aunswere.
• * 1.4

  Omnes sancti dei.
• * 1.5

  Aunswere. So••les departed.
• * 1.6

  Aunswere.
• * 1.7

  Confession and remission of sinnes.
• * 1.8

  Aunswere.
• * 1.9

  Aunswere.
• * 1.10

  The truth of the Scripture, longe hyd.
• * 1.11

  Two Churches.
• * 1.12

  Aunswere.
• * 1.13

  Aunswere.
• * 1.14

  Purgatorye.
• * 1.15

  Crome belyke was now slipte frō that he had before taughte.
• * 1.16

  Vowes.
• * 1.17

  Aunswere.
• * 1.18

  Aunswere. Extreme vnctiō.
• * 1.19

  Aunswere.
• * 1.20

  The sacrament of Baptisme.
• * 1.21

  Aunswere.
• * 1.22

  Mat••imonye.
• * 1.23

  Aunswere. Reading of
• * 1.24

  booke•• forbiddē.
• * 1.25

  M. Baynhā sub∣mitteth himself.
• * 1.26

  Ex Regi••. Lond.
• * 1.27

  Anno. 1532.
• * 1.28

  Baynham a∣gayne brought be∣fore the Byshops Chaūcellor.
• * 1.29

  Baynham agayne brought to the Consis∣torye. Baynham loth to ab∣iure.
• * 1.30

  Baynham en••••••ned pe••••aunce.
• * 1.31

  Iames Baynham.
• * 1.32

  Anno 1532.
• * 1.33

  Baynham dismissed out of prisō.
• * 1.34

  Repentance of Baynham after his fall.
• * 1.35

  Baynham a∣gaine ap∣prehended and cast in the tower.