MarginaliaAnno. 1549. Where first hee dyd exhibite his aunsweres vnto the laste Articles ministred vnto hym the 18. of September. Wherin bycause there is no matter of substaunce conteyned, neither made hee any direct aunswere but cauilled as alwayes before, referryng hym selfe still to hys former aunsweres,MarginaliaRead in the Booke of Actes and Monumētes of the first edition, pag. 713. I will also therefore referre the Reader vnto the 713. page of the first booke of the Actes and Monumentes, where they are at large expressed, thinkyng it superfluous here to inserte them.

After this, perceauyng that maister Secretary Smith was somewhat more quicke w^t him thē others of the Commissioners, and that he would not suffer him any longer to dally out the matter with his vayne quiddities and subtilties in law, but euer earnestly vrged hym to goe directly to his matter, and therewithall some tymes sharpely rebukyng him for his euill and stubborne behauiour towardes them:MarginaliaBoner refuseth Secretary Smyth to be his Iudge. he to deface his authoritie (as he thought) dyd also then exhibite in writyng a recusation of the Secretaryes Iudgement agaynst hym. The forme and maner wherof, as he exhibited it vnto the Iudges, I thought here also to exhibite vnto the Reader as here vnder foloweth.

MarginaliaCauses alleaged by Boner why he refused Secretary Smyth. IN the name of God. Amen. For asmuch as equitie, naturall reason, and all good lawes do require, that Iudges shall be of that integritie, wisedome, circumspection, learnyng and indifferencie, that exercising the office and rowme of a Iudge, they may and shall doe it without hatred, malice, or grudge agaynst any person conuented or called before them vprightly, sincerely, and duely executyng and doyng their office vnto them in any wise ccmmitted: and for as much also as all iudgements and processe ought to haue their due course, and proceede without suspition or corruption in any wise: and finally, for as much as very daungerous it is to appeare and make defence before an incompetent Iudge, who commonly and accustomably, of priuate and vnlawfull corrupte affection to the one side, and for malice, hatred, and enuye borne against the other side, rather serueth his carnall, corrupt, and wilful appetite, then any thyng is moued to obedience and keepyng of good order, law or reason touchyng him that is conuented and compelled to make aunswere agaynst his will: I therfore Edmond Byshop of London, hauyng perceaued and felt by all the sayinges, procedynges and doynges of you sir Thomas Smith knight, one of the two principall Secretaries to the kynges Maiesty in this matter attempted and moued agaynst me,MarginaliaBoner laieth exceptions agaynst Syr Thomas Smyth. that ye haue bene, and yet continually are a notorious and manifest enemy of me the sayd Edmond, and much offended that I should in any wise alledge and say or vse, any such thynges for my most defence, as the law geueth me licence and libertie to do, yea hearyng most fauourably and effectually my denouncers and enemyes with both eares in any thing that they shall alledge, purpose, attempt, or do agaynst me, though their persons in law are not in any wise to be heard or admitted, ne yet their sayinges true, and not hearyng me so much as with one eare in my lawfull sayinges and doynges in this behalfe, but contrarywise openyng your mouth at large, ye haue sundry tymes agaynst good wisedome and reason, outraged in wordes and deedes agaynst me the sayd Edmond, saying among other wordes, that I did as theues murtherers, and Traytors are wont to doe, being my selfe as ye vntruely dyd say inward in deede culpable, and yet outward otherwise, vnable to defence the matter agaynst me: but onely by taking exceptions, and makyng friuolous allegations agaynst my Iudges and Commissioners, and that I haue bene and am as sturdy, wilfull, and disobedient, as may be in your iudgement and opinion, mayntainyng and vpholdyng the rebelles and their opinions, and that I shall aunswere by mouth or els smart and do worse, or els ye will send me to the Tower, there to sit and be ioyned with Kette and Humfrey Arundell the Rebels: ouer and besides diuers other threateninges and comminatory wordes by you pronounced and vttered vnseemely, and farre vnmete to procede out of the mouth of you that are in such rowme and place as ye be in.

And moreouer increasyng your malice, euil will, and grudge borne agaynst me, ye haue amongest other thynges vntruely surmised, written, alledged, and sayd, that a certaine booke of Articles and Iniunctions by the Lord Protectours Grace in the full counsayle after a certayne prescribed fashion and forme in the denunciation, commission and Articles, which [de facto] were induced, brought in and obiected agaynst me, was deliuered vnto me: and moreouer of an euill will and vngodly intent and purpose contrary to the truth, MarginaliaHere Boner most proudly shameth not to belye the kinges Secretary and one of his Maiesties Counsaile, charging hym wyth altering, and adding vnto the Counsayles Iniunctions. ye haue withdrawen, added, altered, and qualified diuers thynges in the same, otherwise then they were spoken or done, and yet ye are not ashamed to alledge, write, and say that all is true, and one consonant and agreable in all pointes with the other, where in dede it is not so. And ye haue further [de facto] agaynst the law, and agaynst the Commission to you directed, and agaynst my iust and lawfull allegations and sayinges, proceeded vnlawfully and vniustly agaynst me, many thynges attemptyng and doyng agaynst me vnlawfully and vniustly, as appeareth in the actes of this matter, to the which I do refer me so far forth as they make for me, and be expedient by me and for me to be alledged and referred vnto your selfe also vnlawfully and vniustly [de facto] with your Colleagues, the which without you had begon the sayd matters, proceedyng, where by the law ye so ought not to haue done in deede, but abstained there from, as heretofore sondry tymes I haue alledged, appearyng in the actes of this Court, do vpon these iust and reasonable causes,MarginaliaThe Popes lawes termed by the name of the kinges Ecclesiasticall lawes. accordyng to the order of the Kynges Maiesties Ecclesiasticall lawes, refuse, decline, and recuse, you the sayd sir Thomas Smith as an vncompetent, vnmete, and suspect Iudge agaynst me in this behalfe, and decline your pretensed iurisdiction in this matter for causes aforesayd, desiryng nothyng but Iustice, and offeryng my selfe prōpt and ready to proue them so farre as I am bounde, and accordyng to the order of the Kyngs Maiesties Ecclesiasticall lawes of this Realme in this behalfe, as tyme, place, and otherwise shall require.

MarginaliaThe reply of Secretary Smyth to Boners allegations. This recusation ended, the Secretary told hym playne, that that notwithstandyng he would proceede in his Commission and would be still his Iudge vntill hee were otherwise inhibited: and sayd vnto hym farther: My Lord, whereas you say in your recusation that I sayd, that you dyd like theeues, murtherers, and traytors, in deede I sayd it, and may and will so say agayne, since we perceaue it by your doynges.

MarginaliaBoner. Whereunto the Byshop in a great and stoute rage replyed, saying: Well Syr, bycause you sit here by vertue of the kynges Commission, and for that ye be Secretary to his Maiestie and also one of his hyghnes Counsell, I must and do honour and reuerence you: but as you be but Syr Thomas Smith, & say as ye haue sayd,MarginaliaBoner in a pelting chafe agaynst Syr Thomas Smyth. that I do like theeues, murtherers, and traytors, I say ye lye vpon me, and in that case I defie you: and do what ye cā to me, I feare you not, and therfore quod facis fac citius.

MarginaliaThe Archbishop. Wherat the Archbyshop with the other Commissioners sayd vnto him, that for such his vnreuerent behauiour he was worthy imprisonment.

MarginaliaBoner. Then the Byshop in more madde fury then before, sayd agayne vnto them: A Gods name ye may do de facto, send me whether ye will, and I must obey you, and so will, except ye sēd me to þ^e deuil, for thether I will not go *Marginalia* I pray God ye go not for your selfe. for you. Three thynges I haue (to witte) a small portion of goodes, a poore carcase, and myne own soule: the two first ye may take (though vniustly) to you, but as for my soule ye get not, quia anima mea in manibus meis semper.

MarginaliaSecretarye Smyth. Well, sayd then the Secretary, ye shall know that there is a kyng.

MarginaliaBoner. Yea Syr (sayd the Byshop) but that is not you, neither, I am sure, will you take it vpon you.

MarginaliaSecretarye Smyth. No Syr, sayd agayne the Secretary, but we will make you know who it is: and with that the Commissioners cōmaunded the Byshop and all the rest to departe the chamber vntill they called for him agayne.

Now, in the meane while that the Commissioners were in consultation, þ^e Bishop with Gilbert Bourne his chaplein, Robert Warningtō his Commissary, & Robert Iohnson his register were tarying in a quadrant voyde place before þ^e doore of þ^e same chāber. Where þ^e Byshop leanyng at a cupboard, and seyng his Chapleyns very sad, sayd vnto them in effect as followeth.MarginaliaBoners talke to his Chapleins in the quadrant place before the chamber of presence at Lambeth. Syrs, what meane you? Why shewe you your selues to be so sad and heauy in mynde, as appeareth to me by your outwarde gestures and countenaunces? I would wishe you, yea and I require you to be as mery as I am (laying therewith his haā vpō his brest) for afore God I am not sad nor heauy, but mery and of good comfort, & am right glad & ioyfull of this my trouble, which is for Gods cause: and it greueth me nothyng at all.

But the great matter that greueth me, and perceth my hart, is for that this Hooper and such other vyle heretickes and beastes be suffered and licenced to preache at Paules Crosse, & in other places within my Dioces & Cure, most detestably preachyng and railyng at the blessed Sacrament of the aulter, & denying the veritie and presence of Christes true body and bloud to be there, and so infecteth and betrayeth my flocke. But I say it is there in very deede, & in that opinion I will lyue and dye, & am ready to suffer death for the same. Wherfore ye beyng Christen mē, I do require