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1574 [1574]

K. Edward. 6. Sentence of depriuation agaynst VVinchester.

MarginaliaAn. 1551.settyng forth of the kinges Maiesties authoritye in hys yong yeres to be as great, as if his highnes were of many more yeares, touching auricular confession, touching the procession and common prayer in Englishe, and that thinges done in generall Councels against the worde of God, may be iustly reuoked in particular Councels.

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Marginalia9.
Winchesters contemptuous disobedience to the kyng.
Item, that you receyuing the same, and promisyng to declare them in a sermon by you made before his maiesty for that purpose on the feast of S. Peter in the sayd second yeare of his highnes raigne, did then and there cōtemptuously and disobediently omit to declare and set foorth manye of the sayd matters, to the great contempt of hys Maiesty, and daungerous example of others.

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Marginalia10.Item that you being also commaunded, and on hys Maiesties behalfe, for the auoiding of tumult, & for other great considerations inhibited to treate of any matter in controuersy concerning the Masse or the Communion, (then commonly called the Sacrament of the aultar) did contrary to the said commaundement and inhibition, declare diuers your iudgements and opinions in the same, in manifest contempt of his Maiesties said inhibition, to the great offence of the hearers, and disturbance of the common quiet, and vnity of the Realme.

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Marginalia11.
Winchester stubbornely refused to conforme hym self to the booke of the kings procedinges.
Item, that after the premisses, videlicet in þe monethes of May or Iune or one of them, in the thyrd yeare of his highnes raigne, hys maiesty sent eftsones vnto you, to know your conformity towardes his sayd reformation, and specially touching the booke of common praier then lately set forth by hys Maiesty, whereunto you at þe same tyme refused to shew your selfe conformable.

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Marginalia12.Item that after that, videlicet the. ix. day of Iulye, in the fourth yeare of hys Maiesties raygne, hys highnes sent vnto you his graces letters, with a certain submissiō and articles, wherunto hys Grace wylled and cōmaunded you to subscribe, to the whych submission you contemptuosly refused to subscribe.

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Marginalia13.
Winchester standeth in iustification of hym selfe.
Item, that you hauing eftsones certain of the kynges most honorable Counsayle sent vnto you the. xij. of Iulye in the said fourth yeare, with the same submission, and being in hys Maiesties behalfe requyred and cōmaunded to consider againe better the sayd submission and to subscribe the same, stoode in iustification of your selfe, and would in no wyse subscribe thereunto.

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Marginalia14.Item, that after all this, the xiiij. daye of Iuly, in the sayd fourth yeare, the sayd kings maiesty sent yet againe vnto you certayn of his maiesties most honorable Coūsayl wyth an other submission & diuers other articles, wylling and commaunding you to subscribe your name thereunto, which to do you vtterly refused.

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Marginalia15.
Fantasticall cōsideratiōs of Winchester.
Item that after al this, videlicet the. xix. of Iuly in the sayd fourth yeare, you being personally called before the whole Counsail, and hauing the sayd submission and articles openly and distinctly read vnto you, and requyred to subscribe the same, refused for vniust and fantasticall considerations by you alledged, to subscribe the same.

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Marginalia16.Item that for your sundry and manifold contemptes and disobediences in this behalfe vsed, the fruits of your benefice were then by special commission of hys maiesty iustly and lawfully sequestred.

Marginalia17.Item that after thys, you had intimatiō and peremptory monition, with cōmunication that you should with in three monethes next folowing the said intimation, reconcile and submit your selfe vpon paye of depriuation.

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

Marginalia19.
Winchester sworne to answere truly.
Item that you haue not hetherto, accordyng to the said intimation and monition submitted, reconciled, nor reformed your self, but contemptuously yet still remayne in your disobedience. Whereupon they required the byshop of Winchester, then and there personally present to be sworne faythfully and truly to make aunswer.

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After these Articles were exhibited vnto hym, and he hauyng leaue to say for him selfe, wherin he vsed all the cautels, shiftes and remedies of the law to his most aduauntage, by way of protestyng, recusing and exceptyng agaynst the Commission, and requiryng also the copies as well of the Articles, as of his protestation of þe Actuaries (which were W. Say & Tho. Argal) MarginaliaTyme geuē to Winchester to answere by writing.tyme & respite was assigned vnto him to aūswere to þe sayd Articles in writing. But he so cauilled & dalied frō day to day, to aunswere directly, although hee was sufficiently laboured & persuaded to the same by sondry callyngs & Actes, and also abundantly cōuicted by depositions andwitnesses, MarginaliaFor the depostitions of these and other witnesses agaynst Winchest. read in the former Boke of Actes and Monumentes, pag. 816.especially by matter induced by þe Lorde Paget, and Andrew Beynton, and M. Chalenor pag. 816. (all which I referre to my former booke) that at the laste hee appealed from them, reputing them not to be competēt and indifferent iudges to heare and determine his cause, vnto the Kynges royall person: notwithstandyng by Protestation alwayes reseruyng to hym selfe the benefite of his appellation: And so proceded he to the aunsweryng of the foresayd Articles, but in such crafty and obstinate maner, as before he had bene accustomed, and as at large to them that bee desirous to vnderstand the processe thereof, in the former booke of the Actes and Monumentes of the church aforesayd may appeare.

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But briefly to conclude, such exceptions hee vsed against þe witnesses produced agaynst him, and he him selfe produced such a number of wytnesses in his defence, and vsed so many delayes and cauillations, that in the end the Commissioners seing hys stubbornes proceded to the Sentence diffinitiue agaynst him, as here vnder foloweth.

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¶ The sentence diffinitiue against Steuen Gardiner Bishop of Winchester.

MarginaliaThe finall sentence for the depriuatiō of the Byshop of Winchester.IN the name of God Amen. Bu authoritie of a commission by the high and mighty prince our most gracious soueraigne lord Edward the vj. by the grace of God king of England, France, & Ireland, defendour of the faith, and of the church of England and also of Ireland in earth the supreme head, the tenour whereof hereafter ensueth: Edward the sixt. &c. We Thomas by the sufferaūce of God Archbishop of Canterbury, primate of all England and Metropolitane, with the right reuerend fathers in God Nicolas Bishop of London, Thomas Bishop of Ely, and Henry Bishop of Lincolne, Sir William Peter knight one of our sayd soueraigne lordes two principall secretaryes, Sir Iames Hales knight one of the sayd soueraigne Lordes Iustices of his cōmon plees, Griffith Leison and Iohn Oliuer doctors of the Ciuill lawe, Richard Goodrick and Ihon Gosnold esquiers, delegates, & iudges assigned and appointed, rightfully and laufully proceding according to the forme and tenor of the sayd commission, for the hearing, examination, debating, and final determination of the causes and matters in the sayd commission mentined and conteyned, and vpon the contentes of the same, and certeyne articles obiected of office agaynst you Steuen B. of Winchester, as more playnly and fully is mencioned and declared in the sayd commission and articles, all which we repute & take here for to be expressed: and after sondry iudiciall assēblies, examinations, & debatings of the sayd causes & matters, with all incidentes, emergentes, and circumstances to the same or any of them belonging, and the same also being by vs ofte heard, seen, and well vnderstanded, and with good and mature examination and deliberation debated, considered and fully wayed and pondred, obseruing all such order and other thinges as by the lawes, equitie, and the sayd commission ought or needed herein to be obserued, in the presence of you Steuen B. of Winchester do procede to the geuing of our finall iudgement and sentence diffinitiue in this maner following:

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MarginaliaWinchest. found to be a transgressour.For asmuch as by the actes inacted, exhibites, and allegations purposed, deduced, and alleaged, and by sufficient proufes with your owne confession in the causes aforesayd had and made, we doe euidently fynde and perceyue that you Steuen Bishop of Winchester haue not onely transgressed the commaundementes mentioned in the same, but also haue of longe time, notwithstanding many admonitions and commaundementes geuen vnto you to the cōtrarie, remayned a person much grudging, speaking, and repugning agaynst the godly reformations of abuses in religion set forth by the kynges highnes authoritye within this his realme: and forasmuch as we do also fynde you a notable, open, & contemptuous disobeyer, of sondry godly and iust cōmaundementes geuen vnto you by our sayd soueraigne Lord and by his authority, in diuerse great and weyghty causes touching and concerning his princely office, the state and cōmon quietnes of this his realme: and forasmuch as you haue and yet do contemptuously refuse to recognize your notorious negligences, misbehauiours, contemptes, and disobediences, remayning styll after a

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great