Marginalia1549.As whether you by þ^e tenor of þ^e sayd cōmissiō may procede not only at the denunciation, but also of mere office.

And also whether ye may aswell determine as heare the sayd cause.

For further declaration wherof, we do now interprete & declare that our full mind & pleasure, by þ^e aduise aforesayd, was by our sayd cōmission & now is, þ^t you should procede aswel by mere office, as also by way of denunciation & by either of thē, or any other wayes or meanes at your discretiōs, wherby þ^e truth & merites of þ^e cause may be most spedely and best knowen, and that ye might and may aswell finally determine as heare the said matters in all your orders and doinges, cutting away all vayne and superfluous delayes, and hauing respect to the onely truth of the matter. And this our declaration we send vnto you of our sure knowledge & mere motion by the aduise aforesayd, supplying all default, ceremony & point of the law, which hath, shall, or may arise of your doings by reason of any default of woordes in our sayde former commission or any part thereof, any lawe, statute, or act to the contrary notwithstanding, and therefore we wyl and commaund you to procede in the said matters accordingly, aswell to our foresayd Cōmission, as this our declaration, and so fayle ye not. In witnesse whereof we haue made these our letters patentes. At Hampton Court, the xvij. day of September.

MarginaliaThe 4. appearing of Boner before the kings Cōmissioners.AFter this declaration being sent downe and receaued frō þ^e king, the bishop of London (accordyng to the Commissioners assignement the Monday before) appeared agayne before them vpon Wedensdaye, the xviij. of September, in the great Haule at Lambeth. Where vnder hys woonted protestatiō, first he declared that although he had already sufficiently aunswered all thinges: MarginaliaBoner exhibiteth more matter in writyng, why he ought not to be declared pro confeßo.yet farther to satisife the terme assigned vnto hym, to shewe cause why he ought not to bee declared pro confesso, vpon the articles thertofore ministred against him, and to the whych he had not fullye aunswered, hee had then a matter in writing to exhibite vnto them, why he ought not so to be declared, whych hee read there openly. Wherin first vnder his accustomed vnreuerent termes of pretensed, vniust, and vnlawfull proces and assignation, he sayde he was not bound by law (for good and reasonable causes) to obey the same, especially their assignation.

MarginaliaCauses alleaged of Boner why he ought not to obey the Commissioners assignation.And first, for that the same was onelye pronounced by Syr Thoms Smyth, one of the pretensed Commissioners, without þ^e consent of hys pretēsed colleagues: or at the least he as a Commissioner did prescribe the Actuary what to wryte, whiche hee ought not to haue done, because by law hee ought not to haue intermedled therin, for that hys colleagues did the first day begyn to syt as Iudges against him the Bishop, wythout the presence of the sayd Syr Thomas Smith.

MarginaliaThe 2. cause.And secondly, because hys answers, aswell vnto the pretensed denunciation, as also vnto all the articles theretofore obiected against him, were as full and sufficient, as the law required (or at least wyse there was nothing good in law apparant to the contrarye) and therefore hee was not enforced by law farther to aunswer without farther allegation.

MarginaliaThe 3. cause.And because also, that all their proceedinges thereto were so extraordinarily done, that they had cōfounded all maner of lawfull processe, MarginaliaThe popes lawe.some tymes proceedyng ad denunciandum, some times ex oficio mero, and sometimes ex officio mixto, contrary vnto the kinges Ecclesiasticall lawes, and contrary also vnto their commission in that behalfe.

MarginaliaThe 4. cause.And likewyse because diuers of the articles pretensed were superfluous and impertinent, not reuealyng, thoughe they were prooued, contayning in them vntruth and falsitie, some obscure and vncertaine, some depending vpon other articles, either denyed, or at the least qualified, some captious and deceitful to bring the answerer into a snare, and some also being articles of the law, in such sort, as by the Ecclesiastical lawes of this realme the kinges subiectes were not bounde tomake aunswer thereunto.

MarginaliaThe 5. cause.And lastly, because that Syr Thomas Smith Secretarie to the kinges Maiestie, when that the bishop was last with the Counsel in the Counsell chāber at White Haull, after the departure of the Lord Protectour and the rest of the Counsell, dyd him selfe alone (wythout any other) wryte certayne articles or Iniunctions (amongest the whych was that of the kinges authoritye in hys minoritie) & afterward did copy the same at a table within the sayd counsell chamber, and so him selfe did delyuer them vnto hym. By reason wherof that is not true, which in the commission, denunciation, and articles was deduced and obiected agaynst him.

MarginaliaThe intolerable contempt & vnreuerent behauiour of Boner noted and openly reproued.When these fonde and friuolous obiections were thus read, the Archbishop seing his inordinate and vntolerable contempt towardes them, charged him very sharpley saying: MarginaliaThe wordes of the Archbyshop to Boner.My Lorde of London, if I had sytten here onely as Archbishop of Canterburye, it had bene your part to haue vsed your self more lowly, obediently and reuerently towardes me then ye haue: but seing that I with my Colleagues syt here now as Delegates from the kinges Maiestie, I must tell you plaine, you haue behaued your selfe to to much inordinately. For at euery tyme that we haue sytten in commission, you haue vsed such vnseemely fashions without all reuerēce and obedience, geuing tauntes and checkes, aswell vnto vs, with diuers of my seruantes and Chaplaynes, as also vnto certaine of the auncientest that be here, calling them Fooles and Dawes, wyth such lyke, as that you haue geuen to the multitude an intolerable example of disobedience. And I ensure you my Lord, ther is you and one other bishop whom I could name, that haue vsed your selues so contempteously and disobediently, as the lyke I thinke hath not before bene heard of or seene: wherby ye haue done much harme.

MarginaliaBoners scornfull aunswere to the Archbyshop.At which woordes, the grosse bishop (a beast a man myght iustly terme him) sayd scornfully to the Archb. you shew your selfe to be a meete Iudge.

MarginaliaThe Archbyshop.The Archbishop then proceeding, layd to his charge how vndiscretely the last daye in the Chappell he had called all the people Woodcockes.

MarginaliaBoner.Wherunto he aunswered, that the last Session William Latimer one of the denouncers being there present, had practised with the audience that when he lyfted vp hys hand to them, they should (and did as it wer by a token geuen them) say as hee sayd, and doo as he did: as at one time vpō the lifting vp of hys hand, they cryed nay nay, and at an other tyme yea yea, & laughed they could not tell whereat, with such like fashions.

MarginaliaThe vaine suspicion of Boner.Vnto which wordes Latimer seing hys vayne suspiciō, replyed, saying that he lifted not vp hys hand at any tyme, but onely to cause them hold theyr peace.

MarginaliaThe wordes of Secretary Smyth to Boner.Then Secretarie Smith sayd to the bishop, that in all his writinges and aunswers that hee had hetherto layd in, he woulde not once acknowledge them as the kings Commissioners, MarginaliaAll things pretensed with Boner that made agaynst hym.but vsed alwaies protestations with diuers inckehorne and naughtie termes, callyng them pretensed Commissioners, pretensed Delegates, pretensed cōmission, pretensed articles, pretensed proceedings, so that all thinges were pretensed with hym. In deede (sayd he) such termes the Proctors of churches vse, to delay matters for their Clientes when they wyl not haue þ^e truth knowen. But you my Lord to vse vs the kings Maiesties Cōmissioners wyth such termes, you doo therein very lewdly and naughtely. And I pray you what other thing dyd the Rebels?

MarginaliaBoner and the rebels compared together.For when letters or pardons were brought them from the kyng and his Counsel, they would not credite them, but sayd they were none of the kynges or his Counseilles, but Gentlemens doynges, & made vnder a bushe, with such lyke termes. But now my Lord, bycause hetherto we can not make you confesse whether in your Sermon that you preached, ye omitted the Article touchyng the kynges Maiesties authoritie in hys tender age or not, but still haue sayd that ye will not o-