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1555 [1555]

K. Edvvard. 6. The 7. and last Seßion or appearaunce of Boner before the Commißioners.

Marginalia1549.
The frēdly wordes of the Cōmissioners to Boner.
then he was to himselfe, and to vse more easy and gentle reformation towardes him, had also made such sute and meanes for hym, that although hee had greuously offended the kinges Maiestye, and very disobediently behaued hymselfe, yet if he woulde in the meane whyle haue acknowledged his fault, and haue bene contented to make some part of amendes in submitting him selfe according to his bounden duty, he should haue founde much fauour: so the sentence shoulde not haue bene so sore and extreme agaynst hym, as it was lyke nowe to be: for whych they were very sory, especially to see the continuaunce of such stubburne disobedience, wherby they were then more enforced to geue such sentence agaynst hym:

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The bishop nothing at all regarding this gentle and friendly admonition and fauour, but persisting styll in hys wonted contumacie, drew foorth a paper, wheron he read these wordes following.

MarginaliaA declaration of Boner before the Commissioners.I Edmund Byshop of London brought in as a prisoner by his keeper one of the Marshalsey, here before you my Lord of Canterbury and your pretensed Colleagues, do vnder my former protestations heretofore by me made before you and remainyng in your Act, declare that this my presence here at this tyme is not voluntary nor of mine owne free will and consent, but vtterly coacted and against my will, and that being other wise sent for, or brought before you then I am (that is as a prisoner) I would not being at libertie, haue come or appeared before you, but woulde haue declined and and refused to make any appearaunce at all, but would haue absented my selfe from you, as lawfully and well I might haue done, standyng to, vsing, and enioying all and singular my lawfull remedies & defenses heretofore vsed, exercised, & enioyed, especially my prouocation, and appellation, heretofore interponed & made vnto the kynges most excellent Maiestie, to whom eftsoones Ex abundanti, I haue both prouoked and appealed, and also made supplicaton vnto as appeareth in these writynges, which vnder protestation aforesayd, I do exhibite and leaue here with the Actuary of this cause, requiryng him to make an instrument therupon, & the persons here present to beare record in that behalf: MarginaliaBoner pretendeth submission to the king.especially to the intent it may appeare, I do better acknowledge the kynges Maiesties authoritie euē in his tender and young age, prouokyng and appealyng to his Maiestie as my most gracious soueraigne and supreame head, with submission to his highnes (as appeareth in my appellation and other remedyes) for my tuition and defence, thē other some do: I do meane you my Lord of Canterbury and your sayd pretensed Colleagues, which by law & good reason ought to haue deferred and geuen place vnto such prouocation, appellation, and supplication as heretofore lawfully haue ben by me interponed & made vnto his Maiesties most royall person and authoritie in this behalfe.

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As soone as the Bishop had read these wordes, he did deliuer aswell that paper as also two other vnto the Actuarye, the one conteinyng an appellation, and the other a supplication vnto the kynges Maiestie: Which appellatiō begynneth thus: In the name of God, Amē.

Wherein first he shewed how naturally euery creature declineth gladly from that thyug whiche goeth about to hurt it, and also seketh helpe and remedy to withstand such hurtes and iniuries.

Further he shewed that it is found by experience to be hurtfull and daungerous to trust hym that ones hath hurt and beguiled, lest hee might adde more, rather then to take ought from.

Moreouer he shewed that he had found heretofore at the handes of the Byshop of Caunterbury and the rest of the Colleagues in this matter much extremitie & crueltie, iniuries, losses and griefes contrary to Gods law, and the lawes and statutes of this Realme, and agaynst Iustice, charitie, & good order, beyng well assured if they were not stayed but proceded, they would adde more euil to euill, losse to losse, and displeasure to displeasure, as(said he) their seruauntes haue reported and they agreable do shewe the same.

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Againe in þe said appeale he shewed that the Byshop of Canterbury and the other Commissioners ought to haue considered and done better in that matter, for honor, and obedience to the kinges Maiestie, which hetherto they haue not done (sayd hee) in that they haue not geuen place to his prouocatiōs and appellatiōs heretofore made vnto his grace, iustly and lawfully and vpō good and iust causes, namely for the vniust griefes they did agaynst him, which he sayd to appeare in the Actes of that matter: as in pronouncing him contumacem vnreasonably without good cause, and further in assignyng the terme ad audiēdum finale decretū, and in cōmittyng him to strait prison, as appeareth in their Actes. Therfore he did not only Ex abundanti, ad omnem iuris cautelā, decline & refuse their pretensed iurisdiction as before: but also by these presentes here shewed, he did appeale from the said Byshop of Caunterbury and the reast, vnto the kynges Maiestie, askyng also those letters of appeale, MarginaliaLetters of appeale called Apostoli.whiche the lawe doth admitte, saying, hee did not intend to go from his former prouocations and appellations, but to ioyne and cleaue vnto them in euery part and parcell, submittyng hym selfe to the protection and defense of the kynges Maiestie, and he therin made intimation to the Byshop of Canterbury, and the sayd Colleagues, to all intentes and purposes that myght come therof.

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Furthermore as touchyng the supplication aboue mentioned, which Boner (as we sayd) put vp in writyng to the Commissoners, the copie therof here vnder likewise insueth.

¶ The supplication of Boner to the Chauncelor of England, withall the rest of the kynges Maiesties most honorable priuye Counsell.

MarginaliaThe copie of Boners supplication.PLease it your most honorable good Lordshyps with my most humble recommendations, to vnderstand that albeit I haue accordyng to the lawes, statutes, and ordinaunces of this Realme, made supplicatiō, prouocation and appellation vnto the kynges most excellent Maiestie from the vnlaufull and wicked processe of the Archbyshop of Canterbury, the Byshop of Rochester, maister Secretarie Smith, and the Deane of Paules, as also as well from their iniust interlocutorie, as also their diffinitue sentence, whereby in law I ought to haue libertie to come abroad and prosecute the same, yet such is the malignitie of the Iudges agaynst me, with bearyng and maintenaunce of other, which sundry and many wayes haue sought my ruine and destruction, that I am here penned and locked vp, vsed very extremely at their pleasure and for the contentation of the sayd Maister Smith, and not suffred to finde sureties or to go abroad to prosecute and sue my sayd appellation. In consideration whereof it may please your sayd good Lordshyps to take some order and redresse here in, especially for that it is now the tyme that the kynges subsidye nowe due, ought to bee called vpon, and Iustice also ministred vnto his Maiesties subiectes, which beyng as I now am, I can not be suffred to do. And thus without further extendyng my letter therein, consideryng that your great wisedomes experience and goodnes can gather of a litle what is expedient and necessary for the whole, I do besech almightye God to preserue and keepe well all your honorable good Lordshyps. Written in hast this vij. of October. M.D. xlix. in the Marshalsey.

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Your honorable Lordshyps poore Oratour and
most bounden Bedes man, Edmund London.

MarginaliaThe Archbyshop aunswereth to the wordes of Boner.These thinges ended, the Archbishop said vnto him: my Lord where you say that you come coacted, or els ye would not haue appared, I do much maruell of you. For you would thereby make vs and this audience here beleue that bycause you are a prisoner, ye ought not therefore to aunswere. Which if it were true, were enough to confounde the whole state of this Realme. For I dare say that of the greatest prisoners and rebels that euer your keeper there (meanyng the vnder Marshall) hath had vnder him, he can not shew me one that hath vsed such defence, as you here haue done.

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Well, quoth the Byshop, if my keper were learned in the lawes, I could shew him my minde therein.

Well