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 second recusation made by Edmund Boner Bishop of London.

IN the name of God, Amen. For as much as both natu∣rall reason and all good pollicies of lawes, especially of this Realme of England do admit and suffer hym that is conuented before an vncompetent and suspect Iudge, to refuse hym and to decline hys iurisdiction, in as much as the lawe and reason on the one side, willeth processe to run vprightly and iustly, and that in corruption and malice, and the other side earnestly laboureth to the contrary, and needeth therefore to bee brideled. And for because ye my Lord of Caunterbury with your Colleagues in this be∣halfe (deputed as ye say Commissioners agaynst me) nei∣ther haue obserued your sayde Commission, neyther yet proceeded hetherto agaynst me, after any laudable, lawful, or any good fashion of iudgement, but contrarywise, con∣trary to your Commission, and agaynst the law, good rea∣son, and order, haue at sundry tymes, and in sundry actes attempted and done many things agaynst me, vnlawful∣ly, vnseemly, and vniustly, and suffer the like to be attemp∣ted and done by other not reformyng and amendyng the same, as appeareth in diuers and sondry thinges remay∣ning in your actes.

And moreouer because you my sayd Lord, wyth your

sayd Colleagues, both haue in myne absence, beyng let with iust causes of impediment, which accordyng to the lawes of this realme I haue fully alledged,* 1.1 and very suffi∣ciently and iustly prooued, accordyng to the order of the Kinges Ecclesiasticall lawes iniuriously, and much to the hinderaunce of my name, person, tytle, dignitie, and state, and also otherwyse, specially in my presence, agaynst all lawes, good order, and reason, without good cause or groūd attempted and done many thinges against me, especially touching myne imprisonment, sending me to strait ward, and yet commaunding me to make answer, as appeareth in your vnlawfull actes.

I for these causes, and also for that ye my sayde Lorde and your sayde Colleagues proceedyng with Syr Tho∣mas Smith Knight, whom vpon iust and lawfull causes I haue refused, recused and declined, and fauoured, ye haue maintayned, supported, and borne, in hys vnlawfull and euill doings, do also refuse, recuse and declyne you my sayd Lorde, wyth the rest of your sayde Colleagues, a∣greeyng and ioynyng wyth you, and doe accept agaynst your proceedyngs, doynges, and iurisdiction as suspect, and thereby vnmeete personnes to proceede herein a∣gaynst me.

And further do alledge, that hauyng bene prouoked to the Kings most excellent Maiestie, as appeareth by the te∣nor of my prouocation, remainyng in your actes, wherein I doe protest, that I intend to adheare and cleaue vnto, submitting my selfe vnto the tuition, protection, and de∣fence of hys sayd Maiestie in this behalfe, ye in any wyse ought not (if ye regard the person and authoritie of hys graces royall power, as ye ought to doe) to proceede here in agaynst me, especially for the honour and reuerence, ye ought to haue vnto hys Maiestie in this behalfe. And be∣cause it appeareth that ye doe not duely and circumspect∣ly consider the same, as ye ought to do, but more and more do grieue me, that not considered, I both here to all pur∣poses repeat my former recusation, prouocation, and all o∣ther remedies that heretofore I haue vsed and mentioned in your sayd actes.

And also do by these presentes, refuse, recuse, and de∣cline you my sayd Lord, and your sayd Colleagues, and your iurisdiction vpon causes aforesayd, offering my selfe prompt and ready to prooue all the same, afore an arbiter and arbitors, accordyng to the tenure and forme of the law herein to be chosen, requiryng you all, for that honour and reuerence ye ought to beare to our sayd soueraigne Lorde, and his lawes allowed and approoued in this behalfe, that ye doe not attempt or doe, ne yet suffer to be attempted or done, any thyngs in any wyse against me, or vnto my pre∣iudice, but suffer me to vse and enioy the benefit of my said former, and this recusation, prouocation, allegation, and other lawfull remedies mentioned in your sayd acts. And in case ye doe de facto, where ye ought not to deiure, at∣tempt or suffer any thynges to be attempted or done a∣gaynst me in any wyse herein, I protest herewith, and hereby of my great griefe and hurt in that behalfe, & that not onely I doe intend to appeale from you, but also ac∣cordyng to the kynges Ecclesiasticall lawes to accuse and complayne vpon you, as iustly and truly I both may and ought to doe.

Notwithstandyng these recusations and former ap∣pellation, the Archbishop with the rest tolde hym playne that they would be styll hys Iudges, and proceed agaynst hym accordyng to the Kings Commission, vntil they dyd receiue a Supersedeas, which if he did obtayne, they would gladly obey.

Then the Bish. seyng that they would still proceede a∣gaynst hym,* 1.2 did there likewise intimate an other appella∣tion vnto the Kings Maiestie, expressing therein in effect, no other matter, but such as is already alleaged in the two former recusations and appeale: sauyng that he requireth, that letters dimissories or appellatories might be geuen him accordyng to law,* 1.3 and that for his better safegarde he did submit himselfe vnder the protection of the kyng.

The Commissioners for all this, stucke stil vnto theyr Commission, and would not in any case deferre, but vrged him straitly to make a more full aunswer to his Articles, then he had done.

To whom the Bishop sayd, that he would stand vnto his recusations and appellations before made, and would not make other aunswer.

Then the Delegates demaunded of him what cause he had to alledge why he ought not to be declared pro confes∣so, vpon the Articles wherunto he had not fully answered: the B. still answering (as before) that he would adhere vn∣to his appellation and recusation.

Wherupon the Archb. with consent of the rest, seeyng his pertinacie, pronounced hym Contumax,* 1.4 and in payne thereof declared him pro confesso, vpō all the articles which he had not aunswered.

This done, Maister Secretary Smith shewed foorth a Letter, which the Byshoppe of London had before that tyme sente vnto the Lorde Mayor and the Aldermen of the Citie of London, the tenour whereof ensueth as fol∣loweth.

¶To the ryght honourable and my very good Lorde, the Mayor of London, with all his wor∣shipfull brethren, my very deare and worshipfull friends, with speede.

RIght honourable, with my very humble recommendations, where I haue perceyued of late and heard with myne eares, what vyle beastes and heretickes haue preached vnto you,* 2.1 or ra∣ther lyke themselues prated and rayled agaynst the most blessed Sacrament of the aultare, denying the veritie and presence of Christes true bodye and bloude to be there, geuyng you and the people libertie to beleeue what ye lyst, teachyng you detesta∣bly that fayth in this behalfe, must not bee coacted, but euerye man to beleeue as he will, by reason whereof, least my presence and silence myght vnto some haue bene seene to haue allowed their hereticall doctrine, and geuyng credite vnto them, betray∣ing my flocke of the Catholicke sorte, ye knowe I departed ye∣sterday from the hereticke praters vncharitable charitie, and so could haue wished that you and all other that bee Catholicke, should haue done,* 2.2 leauyng those there with hym that be alreadye cast away, and will not be recouered. For your tarying with him still, shall not onely hurt your selfe in receauyng hys poysoned doctrine, but also shall geue a visage that their doctrine is tolle∣rable, by reason that ye are contented to heare it, and say no∣thing agaynst it. And because I cannot tell when I shall speake with you to aduertise you hereof, therefore I thought good for myne owne discharge and yours, thus muche to wryte vnto you, requiryng and praying you agayne and agayne, in Gods behalfe, for myne owne discharge, that ye suffer not your selues to bee abused with suche naughtie Preachers and teachers, in hearyng theyr euill doctrine that ye shall perceyue them to goe about to sowe. And thus our blessed Lord long and well pre∣serue you all with this noble Citie, in all good rest, godlinesse, & prosperitie. Written in hast this Monday mornyng, the xvi. of September. 1549.

Your faythfull Beades man and poore Bishop Edmund Boner.

This Letter beyng read, the Secretary demanded of hym whether he wrote it not. To whome he would not otherwyse aunswere, but that he would still adhere and stand vnto hys former recusations and appeales.* 2.3 Whiche the commissioners seyng, determined to continue this case in state as it was vntill Friday then next followyng, be∣twene the houres of viij. and ix. of the clocke before noone, assignyng the bishop to be there at the same time and place then to heare a finall decree of this matter, he still prote∣styng as before.

Notes

• * 1.1

  Anno 1550.
• * 1.2

  An other ap∣pellation of Boner to the king.
• * 1.3

  Boner standing vpon his recusa∣tions and appel∣lations denyeth to make answer.
• * 1.4

  Boner de∣clared C••••••tuma•• & pro con••e••••so, that 〈◊〉〈◊〉 gilty.
• * 2.1

  Boners let••ter to the Lord 〈◊〉〈◊〉 and Alde••••men of Lō••don.
• * 2.2

  Boner would no•• tarye M. Hooper•• Sermon.
• * 2.3

  Boner dif••ferred till the next Fryday, 〈◊〉〈◊〉 from that till tewsd•••• after.