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 appearaunce of Boner in the Chappell of Lambeth, before the Archbyshop, and other four Com∣missioners, the Byshop of Rochester, Secretary Peter, Secretary Smyth, and the Deane of Paules.

VPon Friday the xiij. of September aforenamed, foure Commissioners, associated then also with Sir Tho∣mas Smith Knight, the other of the Kings two principal Secretaries,* 1.1 and ioynt Commissioners with them, sate iudicially in the Archbyshops Chappell within his house at Lambeth. Before whome (according to their former as∣signement) there and then appeared the Byshop of Lon∣don. To whome the Archbyshop in the name of the rest, first sayd: My Lord of London, the last time you were be∣fore vs, we layde certayne Articles and matter to youre charge touching your disobedience to the Kings Maiesty, and you haue this day to make your aunswere thereunto: wherefore now shew vs what you haue to say for youre defence.

Whereunto the Byshop first asking the Archbyshop if he had all sayd and done, and he againe saying yea, made this answere: My Lord, the last day that I appeared be∣fore you, I remember there sate in the Kings Maiesties commission, your Grace, you my Lord of Rochester, you M. Secretary Peter, and you M. Deane of Paules: but now I perceiue there sitteth also M. Secretary Smyth. Who because he sate not at the beginning, nor tooke there the Commission vpon him, ought not so to do: for by the law, they which begin, must continue the commission.

Whereupon the Archbishop first aunswered, that he was no lawyer, and therefore could not certeinely shew what the law willeth in that case, but (saith he) if the law be so in deede, surely I take it to be an vnreasonable law.

Well, said the Byshop, there be heere that knoweth the law: and yet I say not this to the intent to stand or sticke much in this point with you, but to tell it you as it were by the way: for I haue heere mine aunswere ready.

Then sayde Maister Secretary Peter to the Byshop: my Lord in good sooth I must say vnto you, that although I haue professed the law, yet by discontinuance and disuse thereof,* 1.2 and hauing bene occupied a long time in other matters from study of the law, I haue perhaps forgotten what the law will do precisely in this point: but admit the law were so as you say, yet your selfe knoweth my Lord, that thys is our certayne rule in law, Quòd consuetudo est iuris interpres optimus, and I am sure you will not, nor can not deny, but that the custome is commonly in this realme in all iudgements and Commissions vsed to the contrary: and in very deede altogether at the Court, hauing the Com••••••••ion presented vnto vs, take it vpon vs: and ther∣fore for you to sticke in such trifling matters, you shall ra∣ther in my iudgement hurt your selfe and your matter, then otherwise.

Truely Maister Secretary (sayd the Byshop) I haue also of long while bene disused in the study of the law, but hauing occasion (partly by reason of this matter) to turne my bookes, I finde the law to be as I say: and yet (as I sayd) I tell you heereof by the way,* 1.3 not minding to sticke much with you in that poynt.

At which wordes Maister Secretary Smyth sayd also vnto the Byshop: well my Lord of London, as cunning as you make your selfe in the law, there be here that kno∣weth the law as well as you: and for my part I haue stu∣died the law to, and I promise you, these be but quiddites and quirkes inuented to delay matters, but our Commis∣sion is to proceede summarily,* 1.4 & de plano, and to cut off such friuolous allegations.

Well (sayd the Bishop againe) looke well on your com∣mission, and you shall finde therein these wordes: to pro∣ceede according to the law and Iustice, and I aske both lawe and Iustice at your handes.

Then Maister Secretary Peter willed hym to stand no more thereupon, but to proceede vnto his aunswere. Wherupon he tooke foorth a writing, wherin was contei∣ned his aunswere to the denunciation exhibited the day before by Latimer and Hooper, and deliuering it vnto the Archbishop, sayde, that it was of his owne hand writyng, and for lacke of sufficient time written so hastily & course∣ly, that it could scarsly be read of any other, and therfore he desired to read it himselfe: and so taking it agayne read it openly, the copy whereof here followeth.

Notes

• * 1.1

  The second appearance 〈◊〉〈◊〉 Boner before the kings Com∣missioners. Boners an∣swere to the Archb. of Cāterbury. A precise point of the lawe, whe∣ther any new Com∣missioner may sit af∣terward, which satte not at the beginning.
• * 1.2

  The words of Secretary Peter to Boner.
• * 1.3

  The answer of Boner to Secretarye Peter.
• * 1.4

  The wordes of Secretary Smyth to Boner.

  The answer of Boner to Secretary Smyth.

  The words of Secretary Peter.