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 recusation of the Iudgement of Syr Thomas Smith, made by the B. of Lon∣don the first tyme.

IN the name of God, Amen. Forasmuch as equitie,* 1.1 naturall rea∣son, and all good lawes do require, that Iudges shall be of that integritie, wisedome, circumspection, learnyng and indifferen∣cie, that exercising the office and rowme of a Iudge, they may & shall do it, without hatred, malice o•• grudge agaynst any person conuented or called before them vprightly, sincerely, and duely executyng and doyng their office vnto them in any wyse com∣mitted: and for as much also as all iudgementes and processe ought to haue their due course, and proceede without suspition or corruption in any wyse: and finally, for as much as very dan∣gerous it is to appeare and make defence before an incompetent Iudge, who commonly and accustomably of priuate & vnlaw∣ful corrupt affectiō to the one side, & for malice, hatred and enuy borne against the other side, rather serueth his carnall, corrupt, and wilfull appetite,* 1.2 then any thyng is mooued to obedience and keeping of good order, law, or reason, touching him that is con∣uented and compelled to make aunswer against his will: I there∣fore Edmond Bishop of London, hauing perceiued and felt by all the sayings, proceedings and doyngs of you sir Thomas Smith Knight, one of the two principall Secretaries to the kings Maie∣stie in this matter attempted and mooued agaynst me, that ye haue bene, and yet continually are a notorious and manifest e∣nemy of me the sayd Edmond, and much offended that I should in any wyse alledge and say, or vse, any such things for my most defence, as the law geueth me licence and libertie to do, yea hea∣ryng most fauourably and effectually my denouncers and ene∣mies with both eares in any thyng that they shall alledge, pur∣pose, attempt, or do agaynst me, though their persons in lawe are not in any wyse to be heard or admitted, ne yet their sayinges true, and not hearing me so much as with one eare in my lawfull saiengs and doinges in this behalfe, but contrarywise openyng your mouth at large, ye haue sundry tymes, against good wise∣dome and reason outraged in wordes and deedes against me the sayd Edmond, saying among other wordes, that I did as theeues, murtherers and traytors are woont to doe, beyng my selfe as ye vntruly did say, inward in deed, culpable, and yet outward other∣wyse, vnable to defend the matter against me, but onely by ta∣kyng exceptions, and making friuolous allegations agaynst my Iudges and Commissioners, and that I haue bene and am as stur∣dye, wilfull, and disobedient, as may be in your iudgement and opinion, maintaining and vpholding the rebels and their opini∣ons, and that I shall aunswer by mouth, or els smart and doe worse, or els ye will send me to the Tower, there to sit and be ioy∣ned with Kette and Humfrey Arundell the Rebels: ouer and be∣sides diuers other threatnings and comminatorie wordes by you pronounced and vttered vnseemely, and far vnmeet to proceed out of the mouth of you that are in such rowme and place as ye be in.

And moreouer, increasing your malice, euil will, and grudge borne agaynst me▪ ye haue amongest other thynges vntruly sur∣mised, written, alledged, and sayd, that a certayne booke of Ar∣ticles and Iniunctions by the Lord Protectours Grace in the full counsayle after a certayne prescribed fashion and fourme in the denunciation, commission, and Articles, which [de facto] were induced, brought in and obiected agaynst me,* 1.3 was deliuered vn∣to me: and moreouer of an euill will and vngodly intent & pur∣pose, contrary to the truth, ye haue withdrawen, added, altered, and qualified diuers thynges in the same, otherwyse then they were spoken or done, and yet ye are not ashamed to alleadge,

write, and say, that all is true, and one consonant and agreeable in all poyntes with the other, where in deede it is not so. And ye haue further [de facto] agaynst the law, and agaynst the Commis∣sion to you directed, and agaynst my iust and lawfull allegations & saiengs, proceeded vnlawfully & vniustly agaynst me, attēp∣ting many things agaynst me vnlawfully & vniustly as appeareth ni the acts of this matter, to the which I do referre me so far forth as they make for me,* 1.4 and be expedient by me and for me to bee alledged and referred vnto your selfe also vnlawfully and vn∣iustly [de facto] with your Colleagues, the which without you had begun the sayd matters, proceedyng, where by the law ye so ought not to haue done in deede, but abstained there from, as heretofore sondry tymes I haue alleaged, appearyng in the actes of this Court, doe vpon these iust and reasonable causes, accor∣dyng to the order of the Kings Maiesties Ecclesiasticall lawes, re∣fuse,* 1.5 decline, and recuse you the sayd Sir Thomas Smith, as an vn∣competent, vnmeete, and suspect Iudge, agaynst me in this be∣halfe, and decline your pretensed iurisdiction in this matter for causes aforesayd, desiring nothyng but Iustice, and offeryng my selfe prompt and ready to prooue them so farre as I am bound, and accordyng to the order of the Kings Maiesties Ecclesiasticall lawes of this Realme in this behalfe, as tyme, place, and other∣wyse shall require.

This recusation ended, the Secretary told him plaine, that that notwithstandyng he would proceed in his Com∣mission and would be still his Iudge,* 1.6 vntill he were o∣therwise inhibited, and sayd vnto him farther: My Lord, where as you say in your recusation that I sayd, that you did like thieues, murtherers, and traytors, in deed I sayd it, and may and will so say agayne, since we perceiue it by your doings.

Whereunto the Bishop in a great and stoute rage re∣plied,* 1.7 saying: Well sir, because you sit here by vertue of the Kings Commission, and for that ye be Secretary to hys maiestie, and also one of his highnes counsail, I must and do honour and reuerence you: but as you be but sir Tho∣mas Smith, & say as ye haue said, that I do lyke theeues, murtherers,* 1.8 and traytors, I say ye lye vpon me, & in that case I defie you: and doe what ye can to me, I feare you not, and therfore quod facis, fac citius.

Whereat the Archbishop with the other Commissio∣ners said vnto him, that for such his vnreuerent behauior he was worthy imprisonment.

* 1.9Then the Bishop in more mad fury then before, sayd againe vnto them: A Gods name ye may do de facto, send me whether you will, and I must obey you, and so wil, ex∣cept ye send me to the deuill, for thether I will not go * 1.10 for you. Three things I haue (to wit) a small portiō of goods, a poore carcase, and myne owne soule: the two first ye may take (though vniustly) to you, but as for my soule ye get not, quia anima mea in manibus meis semper.

* 1.11Well, sayd then the Secretary, ye shal know that there is a kyng.

Yea Sir (saith the Bishop) but that is not you, neither I am sure,* 1.12 will you take it vpon you.

No Sir, sayd agayne the Secretary, but we will make you know who it is:* 1.13 and with that the Commissioners commanded the bishop and all the rest to depart the cham∣ber vntill they called for him agayne.

Now, in the meane whyle that the Commissioners were in consultation, the Bishop with Gilbert Bourne his chapleine, Rob. Warnington his Commissary, & Rob. Iohnson his Register were tarying in a quadrant voyde place before the dore of the same chamber. Where the Bi∣shop leanyng on a cupboord, and seyng his Chapleins ve∣ry sad,* 1.14 sayd vnto them in effect as followeth. Syrs, what meane you? Why shew you your selues to be so sad & hea∣uy in mynde, as appeareth to me by your outward ge∣stures and countenaunces? I would wish you, and I re∣quire you to be as mery as I am (laying therewith hys hand vpon hys brest) for afore God I am not sad nor hea∣uy, but mery and of good comfort, and am right glad & ioy∣full of this my trouble, which is for gods cause, and it gre∣ueth me nothyng at all.

But the great matter that grieueth me, & pierceth my hart, is for that this Hooper and such other vile heretikes and beastes be suffered and licenced to preache at Paules crosse, & in other places within my Diocesse & Cure, most detestably preaching and railing at the blessed Sacrament of the aultar, & denying the veritie and presence of Christs true body and bloud to be there, & so infecteth and betray∣eth my flocke. But I say it is there in very deede, & in that opinion I will lyue and dye, and am ready to suffer death for the same. Wherfore ye being christen men, I do require you, and also charge and commaunde you in the name of God and on his behalfe, as ye wyll aunswere hym for the contrary, that ye goe to the Mayor of London and to hys brethren the Aldermen, praying and also requiryng them earnestly in Gods name and myne, and for myne owne discharge on that behalfe, that from hencefoorth,* 1.15 when a∣ny such detestable and abhominable preachers (and espe∣cially those which hold opinion against the blessed Sacra∣ment of the aultar) do come to preach vnto them, they forth with depart out of their presence and doe not heare them, least that they taryeng with such Preachers,* 1.16 should not onely hurt themselues in receiuyng theyr poysoned doc∣trine, but also geue a visage to the incouragemēt of others, which thereby mought take an occasion to thinke and be∣leeue that theyr erroneous and damnable doctrine is true and good: and this eftsoones I require and commaunde you to doe.

And then turnyng hymselfe about and beholdyng two of the Archbishops Gentlemen, which in the same place kept the Chamber dore where the Commissioners were in consultation, and perceiuing that they had heard all his talke, he spake vnto them also and sayd: And Syrs,* 1.17 ye be my Lorde of Caunterburies Gentlemen, I knowe ye very well: and therefore I also require and charge you in Gods behalfe, and in hys name, that ye doe the lyke for your partes in places where ye shall chaunce to see and heare such corrupt and erroneous Preachers, and also ad∣uertise my Lord your maister of the same, and of these my sayinges that I haue nowe spoken here before you, as ye are Christian men, and shall aunswere before God for the contrary.

With this the Commissioners called for the Bishop a∣gayne. Who did read vnto them an instrument conteining a prouocation to the king, which he made in manner and forme here followyng.

Notes

• * 1.1

  Causes alleaged by Boner why he refused Se∣cretary Smyth.
• * 1.2

  Boner layeth exceptions a∣gainst Sir Tho∣mas Smyth.
• * 1.3

  Here Boner most proudly shamet•• not to belye the kinges Secretary and one of his Ma∣iesties Coūsaile, charging him with alte••ing, & adding vnto the Counsailes In∣iunctions.
• * 1.4

  Anno 1550.
• * 1.5

  The popes lawes termed by the name of the kinges Ecclesi∣asticall lawes.
• * 1.6

  The reply of Se∣cretary Smith to Boners allegati∣ons.
• * 1.7

  Boner.
• * 1.8

  Boner in a pel∣ting chafe a∣gaynst Syr Tho. Smyth.

  The Archb.
• * 1.9

  Boner.
• * 1.10

  I pray God ye g••e not for your selfe.
• * 1.11

  Secretary Smyth.
• * 1.12

  Boner.
• * 1.13

  Secretary Smyth.
• * 1.14

  Boners talke to his Chapleins in the quadrant place before the chamber of pre∣sence at Lam∣beth.
• * 1.15

  Here Bo∣ners 〈…〉〈…〉.
• * 1.16

  〈1 paragraph〉〈1 paragraph〉
• * 1.17

  Boners 〈…〉〈…〉 to two of the Archb••••shops ge••••tlemen.