1570 Edition | Book 11 | Page 1747 
CloseIn the Rerum, Foxe praised Sir James Hales's prudence, gravity, and excellence as a justice. He also extolled Hales's devotion to the gospel, describing the justices daily scripture readings to his household. The Rerum goes on to relate that Hales insisted on enforcing the Edwardian statutes which prohibited the celebration of mass and because of this he was summoned before Stephen Gardiner, the lord chancellor (Rerum, pp. 261-62). The Rerum then reprinted, in its entirety, a translation of a contemporary protestant pamphlet relating the interview between Hales and Gardiner (Rerum, pp. 262-63, cf. The communication betwene my lordchauncelor and judge Hales in Westminster hall. M. D. Liii. V. of October [London? 1553]). The Rerum continues by relating that Hales was imprisoned and worn downby the catholics and reduced to despair. (Foxe blamed, in some detail, a gentleman of Hampshire named Forster, Bishop Day of Chichester and Sir William Portman, Chief Justice of the King's and Queen's Bench, for putting pressure on Hales). Eventually Hales tried to kill himself with a penknife. (Foxe maintained that this demonstrated that Hales was not in his right mind). Hearing of this, Gardiner publicly denounced protestantism as a 'doctrine of desperation'. Hales was released and returned home where he drowned himself, either from remorse, insanity or to prevent his being forced to attend mass. Foxe disapproved of the suicide, but added that if Hales was out of his wits when he killed himself, then he deserved pity. Foxe also maintained that Hales was not necessarily damned. Foxe claimed that not all suicides were consigned to hell, citing the examples of virgins who killed themselves rather than lose their chastity, including some female Christians praised for this by the great church historian Eusebius (Rerum, pp. 264-65). Foxe also added a poem which he wrote himself, praising Hales (Rerum, p. 265).
[Back to Top]In the first edition of the Acts and Monuments, all of this material was reprinted without change, except that two lines were added to the poem, expressing the hope that Hales's soul, no matter how blemished, might be cleansed and blessed through divine mercy.
In 1566, Nicholas Harpsfield, Foxe's most important contemporary critic, attacked Foxe's account of Hales. Harpsfield criticized Foxe for praising Hales as a martyr. In particular, Harpsfield criticized Foxe for maintaining that Hales might not be damned and for comparing Hales with early Christian martyrs who killed themselves rather than be forced to surrender their chastity and worship idols (DS, pp. 748-49).
[Back to Top]In his second edition, Foxe responded by eliminating the discussion of Hales's background and virtues from his narrative on the judge. He replaced this with a denunciation of the illegality of the arrest of Hales and of other allegedly illegal catholic persecutions of protestants. The interview between Hales and Gardiner was reprinted without change. But the long discussion of Hales's cruel treatment in prison is replaced by a terse declaration that 'it is thought' that Day and Portman subjectedHales to pressure. (Foxe may have been under some pressure himself about his accusations of Portman and Forster; the latter is not mentioned in this edition). The description of Hales's attempted suicide is repeated, as is Gardiner's denunciation of protestantism. Foxe also repeats his claim that Hales deserved pity if he was out of his wits and his citation of suicides by early Christians. However, Foxe added a sentence to this edition refusing to excuse 'the hainous fact' of Hales's suicide. Foxe also changed the last four lines of his poem praising Hales; the new lines are more guarded about the fate of Hales's soul, praying that on the Day of Judgement, when no one will be without sin, Hales's sins will not weigh too heavily against him.
[Back to Top]In his second edition, Foxe was concerned to arrange events in chronological order and the account of Hales was moved accordingly. The account of Hales in the second edition of the Acts and Monuments was repeated without change in the third and fourth editions.
CloseSeveral glosses reflect the apposite theme of the injustice/illegality of the papists ('The Catholickes proued to doe agaynst the law in Q. Maryes tyme'; 'Iustice Hales for Iustice sake troubled'). The gloss 'Winchester quarelleth with M. Hales religion' perhaps reveals something about Foxe's priorities here: it takes Gardiner's point that Hales's actions were motivated not by legal rigour but by religious bias and uses it in a general attack on Hales's religion, leaving out the legal issue. This has the effect of leaving intact Hales's reputation for commitment to the law whatever the political consequences, and makes the contrast between his legality and catholic illegality all the stronger. The gloss 'Winchester might rather haue sayd how their cruell dealing worketh desperation' implicitly accepts that Hales fell prey to desperation, although the reason for the desperation is laid upon the papists. Later glosses ('The cause of Iudge Hales drowning considered'; 'The case of Iudge Hales drowning considered') reveal Foxe's non-judgemental response to the question of Hales's spiritual destination.
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CloseActually Taylor was entrusted with a number of offices and assignments which necessitated his absence from Hadleigh. From at least 1552 he farmed out the rectory to two Hadleigh residents (Craig, pp. 164-65).
MarginaliaCommunication betwene Iudge Hales and the Bishop of Winchester.MAster Hales, ye shall vnderstand, that like as the Queenes highnes hath heretofore conceiued good opinion of you, especially for that ye stood both faythfully and lawfully in her cause of iust succession, refusing to set your hand to the booke among others that were against her grace in that behalfe:
CloseI.e., to sign the privy council act in 1553 barring Mary from the throne.
CloseHales had come, at the beginning of Michaelmas term, to take his oath of office as a justice of the Common Pleas.
Hales. I pray you my Lord what is the cause?
Chaun. Information is geuen, that ye haue indicted certayne Priestes in Kent, for saying Masse.
Hales. My Lord it is not so: I indicted none, but in dede certayne indictments of like matter were brought before me at the last assises there holden, and I gaue or-
der therein as the law required. For I haue professed the law, agaynst which in cases of iustice, I wyll neuer (God willing) procede, nor in any wyse dissemble, but with the same shew forth my conscience: and if it were to do agayne, I would do no lesse then I did.
Chaun. Yea Maister Hales, your conscience is knowen well inough. I know ye lacke no conscience.
Hales. My Lord, ye may do well to search your owne conscience, for myne is better knowen to my self then to you: and to be playne, I did aswell vse iustice in your sayd Masse case by my conscience as by law, wherein I am fully bent to stand in tryall to the vttermost that can be obiected. And if I haue therein done any iniury or wrong, let me be iudged by the law, for I will seeke no better defence, considering chiefly that it is my profession.
[Back to Top]Chaun. Why Maister Hales, although ye had the rigour of the law on your side,MarginaliaIustice Hales for Iustice sake trou- troubled. yet ye might haue had regard to the Queenes highnes present doinges in that case. And further, although ye seme to be more thē precise in the lawe: yet I thinke ye would be very loth to yeld to the extremity of such aduantage as myght be gathered agaynst your procedyngs in the law, as ye haue sometyme taken vpon you in place of iustice: and if it were well tryed, I beleue ye should not be well able to stand honestly thereto.
[Back to Top]Hales. My lord, I am not so perfect but I may erre for lacke of knowledge. But both in conscience and such knowledge of the law as God hath geuen me, I wyll do nothing but I wyll maintaine it, and abide in it: and if my goods, and all that I haue be not able to counterpayse the case: my body shalbe ready to serue the turne: for they be all at the Queenes highnes pleasure.
[Back to Top]Chaun. Ah sir, ye be very quicke and stout in your answers. But as it should seeme, that which ye did, was more of a will, MarginaliaWinchest. quareleth wyth M. Hales religion.fauouring the opinion of your religion agaynst the seruice now vsed, then for any occasion or zeale of iustice, seyng the Queenes highnes dooth set it forth as yet, wyshing all her faythfull subiectes to embrace it accordyngly: and where ye offer both body and goods in your tryall, there is no such matter required at your hands, and yet ye shall not haue your own will neither.
[Back to Top]Hales. My Lord, I seeke not wilfull will, but to shew my selfe as I am bound in loue to God, and obedience to the Queenes maiesty, in whose cause willingly for iustice sake, all other respectes set a part, I dyd of late (as your Lordship knoweth) aduenture as much as I had. And as for my religion, I trust it to be such as pleaseth God: wherein I am ready to aduenture aswell my lyfe as my substaunce, if I be called thereunto. And so in lacke of myne owne power and wyll, the Lords will be fulfilled.
[Back to Top]Chaun. Seing ye be at this poynt M. Hales, I wyll presently make an end with you. The Queenes highnes shalbe informed of your opinion and declaration. And as her grace shall thereupon determyne, ye shall haue knowledge. Vntill which tyme ye may depart as ye came without your oth: for as it appeareth, ye are scarse worthy the place appointed.
CloseGardiner was refusing to let Hales take his oath and was, in effect, suspending him from office.
Hales. I thanke your Lordship: and as for my vocation, being both a burthen and a charge more then euer I desired to take vpon me: when so euer it shall please the Queenes highnes to ease me thereof, I shall most humbly wyth due contentation, obey the same: and so he departed from the barre.
Not many dayes after thys communication or colloquie in Westminster hall, which was October 6. an. 1553. MarginaliaM. Hales cōmitted to the Kinges Bench.M. Hales at the commaundement of the Bishop was committed to the kyngs Bench, where he remayned constant vntill Lent: then was remoued to the Counter in Breadstreete, and afterward from thence was caryed to the Fleete.
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CloseNote the difference between the versions of Hales's imprisonment in the 1563 edition and in the subsequent editions. The detailed and lengthy account in 1563 is replaced by a terse notice. In the later editions, 'it is merely thought' that Chief Justice Portman tried to undermine Hales's resolve and there is no mention of Forster. It is quite possible that pressure was placed on Foxe to modify his account of Portman or Forster or both.
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