MarginaliaAn. 1550.to the commaundement of God, the subiect may not do as hee is commaunded, but humbly stand to his conscience, which is my case, who could not wyth my conscience do as I was requyred. MarginaliaBut this aunswere could not stand in Q. Maryes tyme.And as touching the fact of decree, there was in deede a decree read, hauing words so placed and framed, as though I were such an offender, which matter I deny. And in that decree was mention made of sequestration of fruites: but whether the forme of wordes were of the present tense, or els to be sequestred, I cannot precisely tell, but do referre that to the tenor of the decree.

Marginalia17. Article.Item that after this, you had intimation and peremptory monition with cōmunication that you should within three monethes next followyng the sayde intimation, reconcile & submit your selfe vnder payne of depriuation

MarginaliaAunswere to the 17. Article.To the. xvij. article I aunswer, that in the same decree of sequestration at the same tyme read, I kneeling from the beginning of the decree, to the latter ende, I remember there was an intimation & three monethes spoken of, and expressed also howe at euery monethes end I shoulde haue pen and inke offered to write, if I would yet subscribe, and as I vnderstand, it was vpon the payne of proceeding further. And I do not remember that I heard the word depriuation, but therin I refer me to the actes of the sentence, whych when it was read, I desyred it myght be testified what myne offer was, to aunswer al those articles particularly, euen remayning in prison. And thys done, I made suite for some of my seruants abroad, to resort to me to the Tower, partly for my comfort, partly for my necessary busines: which coulde not be obtayned. And yet to prouoke it, I sayd to my Lorde of Warwike, how for agreing with my Lord of Sommerset, I had some commoditie, and for agreeing wyth him had nothing, and therfore would needes by intercession presse hym, that I might by hys meanes haue some of my seruantes resorting vnto me. Hee aunswered very gently. And then one sayd I should within two or three dayes haue some body come to me. And then I was dismyssed, with cōmaundement to the Lieutenāt to let me haue the same libertie I had, but no more.

Marginalia18. Article.Item that the sayd three monethes are now throughly expired and runne.

MarginaliaAunswere to the 18. Article.To the. xviij. article he sayd, there is almost sixe monethes passed in time and nomber of daies, but not one moneth paste to the effecte of the lawe, nor tenne dayes neither, because I haue bene so kept in pryson that I could not see for remedy in forme abouesayd, nor there was not at euery moneth, after the forme of the sentence offered me, pen and incke and libertie geuen me to consult and deliberate with other learned men and frends what were best to do, or to send vnto them. And furthermore, the verye. viij. daye after the decree geuen, I protested before my seruantes, whom I had onely commoditie to vse as witnes of the nullitie of the decree for þ^e euident and apparant matter in it, but if it were any in law, MarginaliaWinchesters appeale to the kyng.I appealed to the kinges Maiesty, becaue my request was not admitted to haue the copye of the articles to aunswere them particularly, and because it is excessiue correction to sequester my fruites and keepe me in prison, wyth other cases to be deduced where I might haue oportunitie. Which appellation I protested to intimate as soone as I coulde come to any presence meete therfore, as I did in this assemble at my last repaire, desiring therewith the benefite restitutionis in integrum, because of myne imprisonment, and therefore doo aunswere this matter with protestation of that appeale, and vtterly deny all maner of contempt.

Marginalia19. Article.Item, that you hitherto according to the sayd intimation and monition, submitted, reconciled, nor reformedyour selfe, but contemptuouslye yet styll remayne in your fyrst disobedience.

MarginaliaAunswere to the 19. Article.To the. xix. article, I saye that I haue bene all thys whyle in prison so kept, as no man coulde haue accesse to counsel with me, nor any meanes to write or send to any man, hauing made continuall sute to Maister Lieftenant and Maister Marshall, vnder whose custodye I am here, to make sute in my name to my Lordes of the Counsayle, that I might come to hearing, or els be bailed vpon surety: which I could not obtayn, and so haue remayned vnder the benefite of my sayd appeale to the kinges Maiestie, made as I might for the tyme, which I eftsoones desire may haue libertie to prosecute.

And where as aunswering to these articles, for declaration of the integrity of my conscience, I vse in the same places generall wordes: MarginaliaThe wordes of Winchest. I protest, expounded.I protest, I meane not by those wordes to set forth my selfe otherwyse more arrogantly then as my direct entent (which excludeth malice) and purpose moueth me to say, and as my conscience beareth witnesses vnto me at thys time, and therfore wyll say therein wyth S. Paule: Nihil mihi cōscius sum, sed non in hoc iustificatus sum. Wherefore if any specially be obiected vnto me, wherein by ignorance or ouersight and negligence, any myne offence may appeare agaynst the kinges Maiesties lawes, statutes, and Iniunctions (I shall desire and protest that it be not preiudiciall to mine aunswer) for this present, MarginaliaWinchesters Credo.credo (as þ^e lawyers in ciuill matters vse that terme) to be true, that is to say, such as without any alteration in my conscience, presently I may of my selfe say in affirmation or denyall, as afore is aunswered.And where as I speake of commaundement to bee made to me agaynst Gods lawe, I protest not to touch my soueraigne Lordes honour therein, which my duetie is by all meanes to preserue, but that the cōmaundemēt geuē resolueth to be agaynst Gods law on my part in the obedience to bee geuen, because I may not aunswere or say otherwise, but Est est, non nō. As as my wordes and hart may agree together, or els I should offende Gods law, which my soueraigne if hee knew my conscience would not commaunde me.

After these thinges thus passed, certaine of the Coūsaile by the kynges appoyntement had sondry dayes and tymes accesse to him in the Tower to persuade with him: which were these, the Duke of Somerset, the Lord Treasurer, the Lord priuye Seale, the Lord great Chamberland, & Maister Secretary Peter. MarginaliaWinchest. requireth the sight of the kinges boke of procedinges.Who repayryng to him the x. day of Iune, an. 1550. he desired of them to see the Kynges booke of procedyngs: vpō the sight whereof hee would make a full aunswere seemyng to be willyng in all thinges to conforme him selfe thereunto: and promising that in case any thyng offended his conscience, he would open it to none but to the Counsaile. Wherupon it was agreed the booke should be sent him to see his aunswere, that his case might be resolued vpon, and that for the meane tyme he should haue the libertie of the Galery and Gardine in the Tower, when the Duke of Norfolcke were absent.

The kyng then was lying at Grenwych, at which tyme the Lieftenant of the Tower was appoynted to deliuer the Kynges booke to the Byshop of Winchester. Who within iij. dayes after (whiche was the 13. of Iune) made declaration agayne vnto the Counsayle, MarginaliaWinchest. denyeth to make any direct aunswer to the booke vnlesse he were at libertie.that the Bishop hauyng perused it, sayd vnto him hee could make no direct aunswere vnlesse he were at libertie, and so beyng he would say his cōscience. Wherupon the Lordes and other that had bene with him the other day were appoynted to go to him agayne to receaue a direct aunswere that the Counsayle thereupon might determine further order for hym.

MarginaliaWinchesters aunsweres euer doubtfull.The aunswere of the Bish. beyng receaued, through the reporte of the Lordes which had bene with him declaration was made agayne, the 8. day of Iuly. 1550. that his aūsweres were euer doubtfull, refusing while