Marginalia1549.fyrst day of September last past at Paules crosse.

Marginalia14.Item, þ^t at the sayd sermon, contrary to your Iniunctions, ye omitted and left out the sayd article beginning: Ye shall also set forth in your sermon. &c. and ending. xxx. or. xl. yeares of age.

Marginalia15.Ye shall also aunswer whether ye thincke and beleue that the kinges Maiesties Subiectes be bounde to obey aswell þ^e lawes, statutes, proclamations, and other ordinances made now in this young age of the kinges Maiestie, as the lawes, statutes, proclamations, and ordināces made by his highnes Progentiours.

These Articles beyng thus ministred to the said Bishop of London, the next day beyng Thursday and the 19. of September, the afore named Commissioners sat in the Archbishops chamber of presence at Lābeth, attendyng the comming of the Bishop of London. Before whom there appeared Robert Iohnson the Bishops Register, MarginaliaBoner for feare of a feuer eyther could not or durst not appeare.and there did declare vnto the Commissioners that the Byshop hys maister could not at that tyme personally appeare before them without great daunger of his bodily health, bycause that he feared to fall into a feuer by reason of a cold that he had taken by to much ouer watchyng him selfe the last night before, wherby he was compelled to keepe his bed: neuertheles if he could without daunger of his bodely health, he would appeare before thē the same day at after noone. This excuse the Iudges were content to take in good part. Yet sayd M. Secretary Smith, that if he were sicke in deede the excuse was reasonable and to bee allowed: but (quoth hee) I promise you my Lord hath so dallied with vs, and vsed hitherto such delayes, that we may mistrust that this is but a fayned excuse: howbeit vpon your faithfull declaration we are content to tarye vntill one of the clocke at after noone, and so they did, willyng M. Iohnson to signifie then vnto them whether the Bishop could appeare or not.

MarginaliaBoner pretendeth agayne hys feuer.At which houre Robert Iohnson and Richard Rogers Gentilman of the Bishops chamber appeared agayne before the Commissioners, declaryng that (for the causes afore alledged) their maister could not appeare at that tyme neither. Whereupon M. Secretary Smith sayd vnto them, my Lord of London your maister hath vsed vs very homely, and sought delayes hitherto, MarginaliaBoners excuse of sicknes not wel taken of the Commissioners.and now perhaps perceauyng these last Articles to touch the quicke, and therefore loth to come to his aunswere, he fayneth him selfe sicke. But bycause he shall not so deceaue vs any more, we will send the Knight Marshall vnto him, willyng him, if he be sicke in deede, to let him alone, for that is a reasonable excuse, but if he be not sicke, then to bryng him forthwith vnto vs: for I promise you hee shall not vse vs as hee hath done, we will not take it at his handes: and therfore M. Iohnson (sayd hee) you doe the parte of a trustie seruaūt as becommeth you, but it is also your part to shew my Lord of his stubborne hart & disobedience, which doth hym more harme then hee is aware of. MarginaliaA good admonition sent to Boner by Secretary Smyth.What, thinketh hee to stand with a kyng in hys owne Realmes? Is this the part of a subiect? nay. I wene we shall haue a new Tho. Becket. Let him take heede, for if he play these partes, he may fortune to be made shorter by the head. He may appeale if he thinke good: but whether? to þ^e Bishop of Rome? So he may helpe him selfe forwardes. I say he cā not appeale but to the same kyng who hath made vs his Iudges, and to the Bench of his Counsaile: and how they will take this matter when they heare of it, I doubt not. He would make mē beleue that he were called before vs for preachyng his opinion of the Sacrament, wherin I assure you he did both falsely and naughtely, yea and lewdly, and more then became him, and more then he had in commaūdement to do, for he was not willed to speake of that matter, and perhappes hee may heare more of that hereafter: but yet we lay no such thyng to his charge, and therfore we will not haue him to delay vs as he doth. Which ended, the delegates notwithstandyng decreedto tarrye agayne for him vntill two of the clocke at after noone þ^e next day, beyng Friday, and the 20. of September.

MarginaliaThe 5. Session or Court agaynst Boner Byshop of London.AT which daye and tyme the Bishop appeared him selfe personally before them in the same chamber of presence. Where first he did exhibite his aunsweres vnto the last Articles ministred vnto him the 18. of September. Wherein bycause there is no matter of substaunce conteined, neyther made hee any directe aunswere but cauilled as alwayes before, referryng him selfe still to his former aunsweres, MarginaliaRead in the Boke of Actes and Monumentes of the former edition. pag. 713.I wil also therfore referre the reader vnto the 713. page of the late booke of the Actes and Monumentes, where they are at large expressed, thinkyng it superfluous here to inserte them.

After this, perceauing that maister Secretary Smith was somewhat more quicke with him then others of the Commissioners, and that he would not suffer him any longer to dally out the matter with his vayne quidities and subtilties in law, but euer earnestly vrged him to go directly to his matter, and therewithall sometimes sharpely rebukyng him for his euill & stubborne behauiour towardes them: MarginaliaBoner refuseth Secretary Smyth to bee hys Iudge.he to deface his authoritie (as he thought) did also then exhibite in writing a recusation of the Secretaries Iudgemēt agaynst him. The forme & maner wherof as he exhibited it vnto the Iudges, I thought here also to exhibite vnto the reader as here vnder foloweth.

MarginaliaCauses alleaged by Boner why he refused Secretary Smyth.IN the name of God, Amen. For as much as equitye, naturall reason, and all good lawes doo require, that Iudges shall be of that integritie, wysdome, circumspection, learning and indifferencie, that exercisyng the office and roume of a Iudge, they may and shall do it without hatred, malice, or grudge agaynst any person conuented or called before them vprightly, syncerely, and duely executing & doing their office vnto thē in any wise cōmitted: and for as much also as all iudgements & processe ought to haue theyr due course, and procede without suspition or corruption in any wyse: and finallye, for asmuch as very daungerous it is to appeare and make defence before an incompetent Iudge, who commonly and accustomably, of priuate and vnlawfull corrupte affection to the one syde, and for malice, hatred, and enuye borne agaynst the other syde, rather serueth hys carnal, corrupt, and wylfull appetite, then any thyng is moued to obedience and keeping of good order, law or reason touchyng him that is conuented and compelled to make aunswere agaynst hys wyll: I therfore Edmond bishop of Londō, hauyng perceaued and felt by all the sayings, procedings and doings of you Syr Thomas Smith knight, one of the two principall Secretaries to the kynges Maiestye in this matter attempted and moued agaynst me, MarginaliaBoner layeth exceptions agaynst Syr Thomas Smyth.that ye haue bene, and yet continually are a notorious and manifest enemye of me the sayd Edmond, and much offended that I shoulde in any wyse alledge and saye or vse anye such thinges for my most defence, as the lawe geueth me lycence and libertie to do, yea hearyng most fauourablye and effectually my denouncers and enemies wyth both eares in any thing that they shall alledge, purpose, attempt, or do agaynst me, though theyr persons in law are not in any wyse to be heard or admitted, ne yet theyr sayinges true, and not hearing me so much as with one eare in my lawfull sayinges and doings in this behalfe, but contrarywise opening your mouth at large, ye haue sundry tymes against good wysdome and reason, outraged in wordes and deedes agaynst me the sayd Edmond, saying among other wornes, that I did as theues murtherers, and Traitors are wont to do, being my self as ye vntruly dyd say inward in deede culpable, and yet outward otherwyse, vnable to defence the matter against me but onely by taking exceptions, and making friuolous allegations agaynst my Iudges and Commissio-