MarginaliaAn. 1549.
The frendly wordes of the Commissioners to Boner. Sentence (although they had iust cause to geue it) should haue bene very sore agaynst hym, they had not onely deferred þ^e same vntil this day, but myndyng to be more friendly to hym then he was to hym selfe, and to vse more easie and gentle reformation towardes him, had also made such sute and meanes for hym, that although hee had greuously offended the Kynges Maiestie, and very disobediently behaued hymselfe, yet if he would in the meane while haue acknowledged his fault, and haue bene contented to make some part of amendes in submittyng him selfe accordyng to his bounden duety, he should haue founde much fauour: so the Sentence should not haue bene so sore and extreme agaynst him, as it was lyke now to be: for which they were very sory, especially to see the continuaunce of such stubburne disobedience, whereby they were then more inforced to geue such sentence agaynst hym:

The Byshop nothyng at all regardyng this gentle and friendly admonition and fauour, but persistyng still in his wonted contumacie, drew forth a paper, wheron he read these wordes folowyng.

MarginaliaA declaration of Boner before the Commissioners. IEdmūd Byshop of Londō brought in as a prisoner by his keeper one of the Marshalsey, here before you my Lord of Caunterbury and your pretensed Colleagues, do vnder my former Protestations heretofore by me made before you and remainyng in your Acte, declare that this my presence here at this tyme is not voluntary nor of myne owne free wil and consent, but vtterly coacted and agaynst my will, and that beīg otherwise sēt for, or brought before you then I am (that is as a prisoner) I would not beyng at libertie, haue come or appeared before you, but would haue declined and and refused to make any appearaunce at all, but would haue absented my selfe from you, as lawfully and well I might haue done, standyng to, vsyng, and enioying all and singular my lawfull remedies and defences heretofore vsed, exercised, & enioyed, especially my prouocation, and appellation, heretofore interponed and made vnto the kynges most excellent Maiestie, to whom eftsoones Ex abundanti, I haue both prouoked and appealed, and also made Supplicaton vnto, as appeareth in these writynges, whiche vnder Protestation aforesayd, I do exhibite and leaue here with the Actuary of this cause, requiryng him to make an instrument therupō, & the persons here present to beare recorde in that behalf: MarginaliaBoner pretendeth submission to the king. especially to the intent it may appeare, I do better acknowledge the kynges Maiesties authoritie euen in his tender and young age, prouokyng and appealyng to his Maiestie, as my most gracious soueraigne and supreme head, with submission to his hyghnes (as appeareth in my appellation and other remedies) for my tuition and defence, then other some do: I do meane you my Lord of Canterbury and your sayd pretensed Colleagues, which by law and good reason ought to haue deferred and geuen place vnto such prouocation, appellation, and Supplication as heretofore lawfully haue bene by me interponed and made vnto his Maiesties most royall person and authoritie in this behalfe.

As soone as the Byshop had read these woordes hee did deliuer as well that paper as also two other vnto the Actuary, the one conteynyng an appellation, and the other a supplication vnto the kynges Maiestie: Whiche appellation begynneth thus: In the name of God, Amen.

Wherein first he shewed how naturally euery creature declineth gladly from that thing which goeth about to hurt it, and also seeketh helpe and remedye to withstand such hurtes and iniuries.

Further he shewed that it is found by experience to be hurtfull and daungerous to trust him that ones hath hurt and beguiled, least he might adde more, rather then to take ought from.

Moreouer he shewed that hee had found heretofore at the handes of the Byshop of Caunterbury and the rest of the Colleagues in this matter much extremitie and crueltie, iniuries, losses and griefes contrary to Gods law, and the lawes and statutes of thys Realme, and agaynst Iustice, charitie, and good order, beyng well assured if they were not stayed but proceeded, they would adde more euil to euill, losse to losse, and displeasure to displeasure, as (said he) their seruauntes haue reported and they agreeable doe shewe the same.

Agayne in the sayd appeale he shewed that the Byshop of Cāterbury and the other Commissioners ought to haue considered and done better in that matter, for honor and obedience to the kynges Maiestie, which hetherto they haue not done (sayd he) in that they haue not geuen place to his prouocations and appellations heretofore made vnto hys grace, iustly and lawfully and vpon good and iust causes, namely for the vniust griefes they did agaynst hym, which he sayd to appeare in the Actes of that matter: as in pro nouncing hym contumacem vnreasonably without good cause, and further in assigning the terme ad audiendum finale decretum, and in committyng hym to strait prison, as appeareth in their Actes. Therefore he did not onely Ex abundanti, ad omnem iuris cautelam, decline and refuse their pretensed iurisdiction as before: but also by these presentes here shewed, he did appeale from the sayd Byshop of Caūterbury and the rest, vnto the kynges Maiestie, asking also those letters of appeale,MarginaliaLetters of appeale called Apostoli. which the lawe doth admit, sayinge, hee dyd not intende to goe from hys former prouocations and appellations, but to ioyne and cleaue vnto them in euery part and parcell, submittyng hymselfe to the protection and defence of the kynges Maiestie, and he therin made intimation to the Byshop of Caunterbury, and the sayd Colleagues, to all intents & purposes that myght come thereof.

Furthermore as touching the supplication aboue mentioned, which Boner (as we sayd) put vp in writyng to the Commissoners, the copie thereof here vnder lykewyse insueth.

MarginaliaThe copie of Boners supplication. PLease it your most honorable good Lordshippes wyth my most humble recōmendations, to vnderstand, that albeit I haue accordyng to the lawes, statutes, and ordinaunces of thys Realme, made supplication, prouocation & appellation vnto the kynges moste excellent Maiestie from the vnlawfull and wicked processe of the Archbyshop of Caunterbury, the Byshop of Rochester, Maister Secretarie Smith, and the Deane of Paules, as also as well from their vniust interlocutorie, as also their diffinitiue sentence, whereby in law I ought to haue libertie to come abroad and prosecute the same, yet such is the malignitie of the Iudges agaynst me, with bearing and maintenaunce of other, which sundry & many wayes haue sought my ruine and destruction, that I am here penned and locked vp, vsed very extremely at their pleasure and for the cōtentation of the sayd Maister Smith, and not suffred to finde sureties or to go abroad to prosecute and sue my sayd appellation. In consideration whereof it may please your sayd good Lordships to take some order and redresse herein, especially for that it is now the tyme that the kynges subsidie nowe due, ought to be called vpon, and Iustice also ministred vnto hys Maiesties subiectes, which beyng as I now am, I cannot bee suffered to doe. And thus without further extending my letter therein, considering that your great wisdomes experience and goodnes can gather of a litle what is expedient and necessary for the whole, I do beseeche almighty God to preserue and keepe well all your honorable good Lordships. Written in hast this 7. of October. 1549. in the Marshalsey.

Your honorable Lordshyps poore
Oratour and most bounden Bedes
man, Edmund London.

MarginaliaThe Archb. aunswereth to the words of Boner. These thynges ended, the Archbyshop sayde vnto him: my Lord, where you say that you come coacted, or els ye would not haue appeared, I do much maruell of you. For you would thereby make vs and thys audience here beleue that because you are a prisoner, ye ought not therefore to aunswere. Which if it were true, were enough to confound the whole state of this Realme. For I dare say that of the greatest prisoners and rebels that euer your keeper there (meanyng the vnder Marshall) hath had vnder him, he can not shewe me one that hath vsed such defence, as you here haue done.

MarginaliaBoner. Well, quoth the Byshop, if my keeper were learned in the lawes, I could shew him my mynde therein.

MarginaliaThe Archb. Well, sayd the Archbyshop, I haue read ouer all the lawes aswell as you, but to an other ende and purpose then you did, and yet I can finde no such priuiledge in this matter.

MarginaliaSecretary Smyth. Then M. Secretary Smith did very sore burthen and charge hym, how disobediently and rebelliously he had alwayes behaued himselfe towardes the kynges Maiestie and his authoritie.

MarginaliaBoner. Whereupon the Byshop vnder his protestation aunswered agayne that he was the kynges Maiesties lawfull and true subiect, and did acknowledge his highnesse to be his gracious soueraigne Lord, or els he would not haue appealed vnto him, as hee had, yea and would gladly lay hys handes and his necke also vnder his graces feete, and therfore he desired that his highnes lawes and Iustice mought be ministred vnto him.