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1543 [1543]

K. Edvvard. 6. Proceding in iudgement agaynst Edm. Boner by Commißion.

Marginalia1549.sequele of thys processe it more playnly appeareth) began to turne hys talke vnto other matters, and said vnto the Archbishop: In good fayth my Lorde, I woulde one thyng were had in more reuerēce then it is. What is that, sayd the Archbishop? MarginaliaBoner speaketh for the Masse.The blessed Masse, quoth he. You haue written very well of the Sacrament: I maruail you do no more honor it? The Archbishop of Canterbury therwith perceauing hys subtiltie, and seing hys grosse blindnes to commend that whych was vtterly contrary to his opinion, sayd vnto him againe: MarginaliaThe Archbyshop.If you thinke it well, it is because you vnderstād it not. The other then adding vnto hys former grosse ignoraunce an obstinate impudencie, answered: MarginaliaBoner.I thinke I vnderstand it better then you that wrote it. Vnto whych wordes the Archbishop replyed: MarginaliaThe Archbyshop.truely I wyll easely make a childe that is but ten yeares olde vnderstand therein as much as you: but what is this to the matter?

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Moreouer at what tyme as they beganne to enter the Iudiciall prosecuting of their Commission, and had called forth the denouncers to propound such matter as they had to obiect agaynst him, MarginaliaBoner falleth to scorning & taunting of hys denoūcers.he hearing them speake, fell to scornyng and taunting of them, saying to the one, that he spake like a Goose, and to the other, that he spake like a Woodcocke, vtterly denying their accusations to be true. Whereupon the Archbishop (seing hys peuish malice agaynst the denouncers) asked hym if he would not beleue them, whether he would credit the people there present: and therwithall (because many of them were also at the bishops sermon at Paules) he stoode vp and read the Article of the kings authoritie during hys yoūg age, saying vnto thē: how say you my Maisters, did my Lord of London preach this article? Whereunto they aunswered: no, no. MarginaliaBoners iudgement of the people.At which words the bishop turning himselfe about, deridingly said: will you beleue this fond people?

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Besides this, at all his appearinges hee vsed many irreuerent, vncomly, obstinate and frowarde woordes and behauiours towardes the Commissioners and others (in defacing their authoritie with the termes of pretensed Commissioners, pretensed wytnesses, and vniust, vnlawfull and pretensed proceedinges, with recusation of some, MarginaliaBoner full of hys pretenses, Dawes, Woodcockes, Fooles, and such lyke.and terming others Dawes, Woodcockes, fooles, and such like) which I wyll here omyt, for that they do more manifestly appeare in the sequele of the storye in the tyme and place, as they happened: Adding yet thus much by the waye, that although such stoutnes of hart and wyll (if it had bene in a cause true and rightfull) might haue perchaunce seemed in some mens iudgement to be somwhat sufferable: yet to say þe truth, in what cause so euer it be, being immoderate, as this shall appeare, it beseemed no wise mā, & therfore much lesse one of hys calling. MarginaliaBoners demeanour not tolerable for hys calling though meete for hys byrth.For if hys cause had bene good, why dyd hee not take the wronge paciently and meekely, as the true cannon lawe of the Gospell doth teache him? If it were (as it it was in dede) naught and wrong, whereto serued so bold sturdye stoutnesse, but to shewe the impudency of the person and to make the cause worse whych was bad inough before? But bylike hee was disposed to declare, if neede were, what hee was able to do in the lawe, in shifting of the matter by subtyll delatories, and friuolous cauilling about the law. MarginaliaBoners friuolousAnd if that would not helpe, yet with facing and brasing, and rayling vpon the denouncers, wyth furious woordes and irreuerent behauiour towardes the kinges Commissioners, he thought to coūtenance out the matter before the people, that somethyng might seeme yet to be in hym, what soeuer was in the cause. But to conclude, for all hys crafty cauteles and tergiuersations alledged out of the lawe, yet neyther hys cause could be so defended, nor hys behauiour so excused, but that he was therefore both iustly imprisoned, and also in the ende most lawfully depriued: as by the sequele of thys processe may well appeare, the maner whereof is as followeth.

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¶ The first Action or Session against Boner.

MarginaliaThe first appearaunce of Boner before the kings Cōmissioners the x. day of September.Vppon Wedensday, the x. day of September in the yeare of our Lord. 1549. and in the third yeare of the reigne of kyng Edward the sixt, MarginaliaThe Iudges delegate. the Archbyshop of Canterbury, the Bishop of Rochester, Syr W. Peter, Doct. May Deane of Paules.Tho. Cranmer Archbishop of Canterbury, Metropolitane & Primate of all Englād, associate with Nicholas Rydley then Bishop of Rochester, Syr Wil. Peter knight one of the kinges two principall Secretaries, and William May Doctor of the Ciuill law and Deane of Paules, by vertue of the kynges Commission sat Iudicially vpon the examination of Edmund Boner Byshop of London within the Archbishops chamber of presence at his house in Lambeth, before whom there then also personally appeared the sayd Byshop: at which tyme the Commissioners first shewing forth their Commission, requested Syr William Peter that he woulde openly publish and read þe same. Which done, the Archbishop in þe name of the rest declared vnto the Byshop that a greuous complaynt had bene thertofore made and exhibited agaynst him in writyng vnto the kynges Maiestie and his honorable Counsaile, and that therfore his highnes, with their aduise, had committed the examination therof vnto him and other his colleages there present, MarginaliaSyr Thomas Smyth then absent.as also vnto Syr Thomas Smith night þe other of his Maiesties two principall Secretaries though then absent, and therwithall shewed also forth a Bill of complainte exhibited vnto the kyng by William Latimer and Ioh. Hoper Ministers, which they likewise requested Syr William Peter to read. These thinges ended, the Byshop lyke a subtill lawyer, hauyng most like some secret intelligence before of these matters, (what soeuer hee pretended to the contrary) pulled out of his bosome a solemne Protestation ready written: which hee then exhibited vnto the Commissioners, requestyng that the same might be there openly read: the copye whereof is this in tenour and fourme as foloweth.

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¶ The tenour and forme of Edmund Boner bishop of London hys protestation, exhibited to the kings Commissioners at hys first appearing.

MarginaliaThe forme and copie of Boners Protestation.EDmundus Lond. Episcopus primò & ante omnia protestor quòd per hanc meam comparitionem seu per aliqua per me hic dicta seu dicenda, allegata seu alleganda, proposita seu proponenda, exhibita seu exhibenda, gesta seu gerēda, obiecta seu obijcienda, exercita seu exercēda, facta seu fienda, petita seu petenda, non intendo in vos dominos Iudices præsentes tanquam in iudices mihi in hac parte competentes & idoneos aliquo modo cōsentire vestram iurisdictionem præsentem in hac parte aliquatenus prorogare nisi prout ac quatenus de iure ad hoc tenear & astringar rationiq̀ consonum videatur: & sub protestatione prædicta & ea semper mihi salua (a qua recedere non intendo, sed eandem in omnibus & singulis deinceps in hoc negotio prætenso per me agēdis, pro repetita haberi volo) dico & allego quòd literæ commissionales pretensæ vobis (vt dicitur) in hac parte directæ, seu earum vera & legitima copia nunquam ante hac mihi ostensæ aut monstratæ fuerūt, nec a me aliquo modo visæ, lectæ aut cognitæ, vel mihi traditæ. Itaq̀ contra formam & tenorem earundem, vel contra personas aliquorum vestrū, ea quæ de iure ac naturali ratione mihi competunt in hac parte, cum reuerētia (qua decet) obijcere ac in debita iuris forma proponere non possum in præsenti vt deberem. Quare vt defensio congrua quæ nulli hominum deneganda est, mihi reseruetur liquidoq̀ sciam cuiusmodi exceptiones mihi in hac parte competere possint ac debeant, vtq̀ eas suis loco & tempore iuxta iuris exigentiam, pro necessaria defensione mea proponam contra vel pretenas literas commissionales huiusmodi, vel cōtra personas aliquorum vestrum, quatenus liceta & expediat sub protestatione prædicta, facultatem dictas prætēsas litteras commissionales in forma originali inspiciendi, ac earum veram, integram, & fidelem copiam debitè exinde mihi fieri humiliter peto & postulo prout iuris est in hac parte, tenore præsentium mihilominus testatum manifestè relinqués, quòd obseruantiam & reuerentiam, ac obedientiam & honorem, ac cætera quæcunq̀ serenissimæ Regiæ maiest. Domino meo supremo has literas prætensas vobis (vt dicitur) committenti qualitercumq̀ decet in omnibus & per omnia perpetuò humillimè recogniturus sum, habitaturus & prestiturus, et his exceptionibus, & defensionibus legittimis mihi de iure & natura cōpetentibus ad defensionē meam necessariam & legitimam ac non aliter in hac parte vsurus.

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