Marginalia1549. kings coūsel, to declare þ^e victory then had agaynst þ^e rebels in Northfolke & Deuonshyre, whiche beyng of some good length confounded his memory:MarginaliaBoners booke of notes fell frō hym at his Sermon, as he excuseth. and partly also for that his booke in his Sermon tyme fell away from him, wherin were diuers of his notes whiche he had collected for that purpose: So that he could not remember what he would, but yet in generalitie he persuaded the people to obedience to the kynges Maiestie, whose minoritie was manifestly knowen to them and all other.

Then as to the vj. he sayd he knew not the rebels opinion, and therfore could not aunswere therunto.MarginaliaBoner knew not the rebels opinion if ye will beleue him. And as for aunswere to the vij. viij. ix. and xj. Articles which touched his pastorall office, he sayd that notwithstandyng his manifold and great troubles, aswell by his own busines and his families sickenes, as also by vncharitable informatiōs made agaynst him, yet he hath not failed to giue order vnto hys officers straitly to looke vnto such matters, and such as he hath knowen, which were very few or none, he caused to be punished accordyng to the lawes.MarginaliaRead more hereof in the Booke of Actes and Monumentes of the first edition. pag. 705. All which aūsweres with others do appeare at large in the old booke of Actes and Monumentes of the Church in the. 705. page of the same.

MarginaliaThe v. Article insufficiently aūswered of Boner. When he had ended the readyng of these aunsweres, the Commissioners sayd vnto hym that he had in the same very obscurely aunswered vnto the v. Article ministred the 13. of September: wherfore they willed him there expressely to aunswere by mouth, whether he had accordyng to the Iniunctions deliuered vnto him, declared the Article begynnyng thus: You shall also set forth in your Sermō that our authoritie. &c. Whereunto he agayne aunswered, that he had already made a full and sufficient aunswere in writing, as he was bounde to make by law.MarginaliaBoners obscure and indirect aūswere. The Iudges then replyed, that the aunsweres already made in that part were obscure and insufficiēt, so that it appeared not certeinely whether he had preached in deede accordyng to the same Iniunction or not: and therfore they eftsoones willed him (as before) directly to aunswere whether he had so accordyngly preached or no, the Byshop still yet aunsweryng as before.

The Iudges agayne demaunded of him, whether hee would otherwise aunswere or no. To the which he sayd no, vnlesse the law did compel him. Then they asked him whether he thought the law did compell him to aunswere more fully or no? He aunswered no: addyng farther that he was not bounde to make aunswere to such positions.

MarginaliaBoners froward contumacye noted. The Commissioners then seyng his froward contumacie, told him playnly that if he persisted thus in his frowardnes, and would not otherwise aunswere, they would accordyng to law, take hym pro confesso, and ex abundanti receaue witnesse agaynst hym, & therewithall did agayne recite vnto him vj. of the first and principall Articles, demaūdyng his finall aūswere therunto. Who sayd (as before) that he had already fully aunswered them by writyng, but where they requested to haue his notes, which he said he had made of his Sermō, they should haue them if they would send for thē. And whereas in his aūswere to the vj. Article he doubted what the opiniō of the rebels was, the Iudges declared vnto him, that their opinion was:MarginaliaThe rebels trayterous opinion touching the kinges power in his minoritie. That the kynges maiestie before his grace came to the age of xxi. yeares, had not so full authoritie to make lawes and statutes, as whē he came to farther yeares: and that his subiectes were not bounde to obey the lawes & statutes made in his yoūg age. Wherunto the Byshop aunswered that hee was not of the opinion of the rebels mencioned in that Article, as did well appeare by his aunsweres aswell vnto the denounciation, as also vnto the v. Article obiected agaynst him.

MarginaliaWitnesses against Boner. Which ended they perceauyng his scornefull carelesnes, presently did admitte for witnes vpon the Articles obiected agaynst him, Maister Iohn Cheeke, Henry Markeham, Iohn Ioseph, Iohn Dowglas, and Richard Chambers, whom also they onerated with a corporall othe vpon the holy Euangelistes, truely to aunswere and depose vpon the same Articles in the presence of the Byshop,MarginaliaProtestation and obiections of Boner agaynst the witnesses. who vnder his former Protestation, lyke a wilye Lawyer, protested of the nullitie of the receauyng, admittyng, and swearyng of those witnesses, with Protestation also to obiect agaynst the persons & sayinges of the witnesses for the tyme and place conuenient: demaundyng also a competent and lawfull tyme to minister Interrogatories agaynst them, with a copy of all the Actes to that day. Wherewith the delegates were well pleased, and assigned him to minister his Interrogations agaynst Mayster Cheeke on that present day, and agaynst the rest the next day before noone.MarginaliaFor Boners Interrogatoryes and positions agaynst the witnesses, reade in the Booke of All whiche Interrogatories, because they are already at full set forth in the first Edition of Actes and Monumentes of the Church, and also do but conteine many vayne and friuolous positions and obiections, more to delay tyme then importyng any matters of waight, for breuitie sake I thought good here to omit, referring the reader to þ^e 708. page of the same booke, MarginaliaActes and Monumentes of the first edition. pag. 708.where they are all (as I sayd) at large.

After this the Iudges delegate assigned the Biyshop to appeare agayne before them vpon Wedensday then next ensuyng, betwene the houres of vij. and viij. of the clocke before noone, in the Hall of the Archbyshops maner of Lambeth, there to shew cause why he should not be declared pro confesso, vppon all the Articles whereunto he had not then fully aūswered, and to see farther processe done in that matter:MarginaliaBoner agayne protesteth against the witnesses. and so (he stil protesting of the nullitie and inualiditie of all their proceedynges) they did for that present depart.

MarginaliaThe Commissioners certifie the kyng of Boners demeanour. In this meane while the Commissioners certified the kynges Maiestie and his Counsell of the Byshops demeanour towardes them, and what obiections he had made agaynst their procedynges, makyng doubtes and ambiguities whether by the tenour of his Maiesties Commission the Commissioners might procede not onely at the denounciation. but also of their mere office: and also whether they mought aswell determine, as heare the cause. Whereupon his Maiestie by aduise aforesayd, for the better vnderstandyng therof, dyd the 17. of September send vnto the Commissioners a full and perfect declaration and interpretation of his will and pleasure in the foresayd Commission, giuyng them hereby full authoritie to proceede at their owne discretions, as appeareth more at large by the tenour thereof ensuyng.

MarginaliaLeaue geuen by the kyng to the Commissioners to determine agaynst Boner. E Dward the vj. by the grace of God kyng of England, Fraunce and Ireland, defendour of the fayth and of the Church of Englād and also of Ireland in earth the supreme head, to the most reuerend Father in God Thomas Archbyshop of Canterbury, Metrropolitane and Primate of all England, the right reuerend Father in God Nicholas Byshop of Rochester, our trusty and ryght welbeloued Coūsailours sir William Peter and sir Thomas Smyth Knightes our two principall Secretaries, and William May Doctour of law Ciuill and Deane of Paules greetyng. Where we of late, by the aduise of our most entierly beloued Vncle Edward Duke of Somerset, Gouernor of our person, and Protector of our Realmes, dominions and subiectes, and the rest of our priuy Coūsaile, haue addressed vnto you. v. iiij. iij. of you our letters patentes of Commission bearyng date at Westminster the viij. day of Septēber, in the third yeare of our raigne, willyng you by force therof to heare the matters and cause of contempt therein expressed, and callyng before you, aswell the denouncers therof, as also the right reuerend father in God Edmund Byshop of London, agaynst whom such denounciation is made as in our sayd letters of Commission more at large doth appeare, we be nowe credibly informed that vpon the sayd Commission diuers doubtes and ambiguities hath and may arise:

As whether you by the tenour of the sayd Commission may proceede not onely at the denounciation, but also of mere office.

And also whether ye may aswell determine as heare the sayd cause.

For further declaration wherof, we do now interprete and declare that our full mynde and pleasure, by the aduise aforesayd, was by our sayd Commission and now is, that you should procede aswell by mere office, as also by way of denounciation and by either of thm, or any other wayes or meanes at your discretions, whereby the truth and merites of the cause may be most spedely and best knowen, and that ye might and may aswel finally determine as heare the sayd matters in all your orders and doynges, cuttyng away all vayne and superfluous delayes, and hauyng respect to the onely truth of the matter. And thys our declaratiō we send vnto you of our sure knowledge and mere motion by the aduise aforesayd, supplying all default, ceremony and point of the law, which hath, shall, or may arise of your doynges by reason of any default of wordes in our sayd former Commission or any part therof, any law, statute, or acte to the cōtrary notwithstandyng, and therefore we will and cōmaunde you to proceede in the sayd matters accordyngly, aswell to our foresaid Commission, as this our declaratiō, and so fayle ye not. In witnesse wherof we haue made these our letters patentes. At Hampton Court, the. xvij. day of September.