MarginaliaAn. 1550. els to be sequestred, I cannot precisely tell, but doe referre that to the tenor of the decree.

Item, that after this, you had intimation and peremptory monition with communicatiō that you should within three monthes next followyng the sayd intimation, reconcile and submit your selfe vnder payne of depriuation

To the 17. article I aunswer, that in the same decree of sequestration at the same tyme read, I kneling from the beginnyng of the decree, to the latter ende, I remember there was an intimation and thre monthes spoken of, and expressed also how at euery monthes end I should haue pen & inke offered to write, if I would yet subscribe, and as I vnderstād, it was vpon the payne of proceding further. And I doe not remember that I heard the word depriuation, but therin I refer me to the actes of the sentence, which when it was red I desired it might be testified what myne offer was, to answer all those articles perticularly, euen remayning in prison. And this done, I made suite for some of my seruants abroad to resort to me to the Tower, partly for my comfort, partly for my necessary busines, which coulde not be obtayned. And yet to prouoke it, I sayd to my lord of Warwike, how for agreing with my L. of Somerset, I had some cōmodity, & for agreyng with him had nothing, & therfore would needes by intercessiō presse hym, þ^t I might by his meanes haue some of my seruants resorting vnto me. He aunswered very gently. And then one said I should within 2. or 3. dayes haue some body come to me. And then I was dismissed with cōmaundemēt to the lieuetenant to let me haue þ^e same liberty I had, but no more.

Item that the sayd thre monthes are now throughly expired and runne.

To the 18. Article he sayd, there is almost vj. monthes passed in tyme and number of dayes, but not one month paste to the effect of the law, nor x. dayes neither, because I haue ben so kept in prison that I could not see for remedy in forme abouesayd, nor there was not at euery month, after the forme of the sentence offred me, pen and inke and liberty geuen me to consult and deliberate with other learned men and friends what wer best to do, or to send vnto them. And furthermore the verye 8. day after the decree geuen, I protested before my seruauntes whom I had only commoditie to vse as witnes of the nullitie of the decree for the euident and apparant matter in it, but if it were any in law,MarginaliaWinchesters appeale to the kyng. I appealed to the kynges maiesty, becaue my request was not admitted to haue þ^e copy of the articles to answer them perticularly, and because it is excessiue correction to sequester my fruites and kepe me in prison, with other cases to be deduced where I might haue oportunitie. Which appellation I protested to intimate as soone as I could come to any presence mete therfore, as I did in this assemble at my last repaire, desiring therewith the benefite restitutionis in integrum, because of myne imprisonment, and therefore doe aunswere this matter wyth protestation of that appeale, and vtterly denye all maner of contempte.

Item, that you hitherto according to the sayd intimation and monition, submitted, reconciled, nor reformed your selfe, but contemptuouslye yet still remayne in your first disobedience.

To the 19. Article, I say that I haue bene all this while in prison so kept, as no man coulde haue accesse to counsayle with me, nor any meanes to write or sende to any man, hauyng made continuall suite to Maister Lieuetenaunt and maister Marshall, vnder whose custody I am here, to make suite in my name to my Lordes of the Counsayle, that I might come to hearing, or els be bayled vpon suretie: which I could not obtayne, and so haue remayned vnder the benefite of my sayd appeale to the kinges Maiestie, made as I might for the tyme, which I eftsones desire may haue liberty to prosecute.

And where as aunswering to these Articles, for declaration of the integritie of my conscience, I vse in the same places generall woordes:MarginaliaThe wordes of Winchest. I protest, expounded. I protest I meane not by those wordes to set forth my selfe otherwyse more arrogantly then as my direct entent (which excludeth malice) and purpose moueth me to say, and as my conscience beareth witnes vnto me at this tyme, and therfore will say therin with s. Paule: Nihil mihi conscius sum, sed non in hoc iustificatus sum. Wherfore if any specially be obiected vnto me, wherin by ignoraunce or ouersight and negligence, any myne offence may appeare against the kinges Maiesties lawes, Statutes and Iniunctions, I shall desire and protest that it be not preiudiciall to mine aunswer) for this present,MarginaliaWinchesters Credo. credo (as the lawyers in ciuill matters vse that terme) to be true, that is to say, such as without any alteration in my conscience, presently I may of my selfe say in affirmation or deniall, as afore is aunswered.

And where as I speake of commaundement to be made to me against Gods lawe, I protest not to touche my soueraigne Lordes honor therein, which my duetie is by al means to preserue, but that the commaundement geuen resolueth to be agaynst Gods law on my part, in the obedience to be geuē, because I may not aunswer or say otherwise, but Est est, nō non. So as my wordes and hart may agree together, or els I should offend gods law, which my soueraigne if he knewe my conscience, would not commaund me.

After these thinges thus passed, certaine of the Counsail by the kynges appointment had sondry dayes and tymes accesse to hym in the Tower to persuade with hym: whiche were these, the Duke of Somerset, the Lord Treasurer, the Lord priuy Seale, the Lord great Chamberlain, and maister Secretary Peter. MarginaliaWinchester requireth the sight of the kinges booke of proceedings. Who repairing to him the x. day of Iune, an. 1550. he desired of them to see the kinges booke of procedyngs: vpon the sight wherof he would make a full aunswer semyng to be willing in all thinges to conforme himself therunto: and promising that in case any thing offended his conscience, he would open it to none but to the Counsaile. Wherupon it was agreed the booke should bee sent him to see hys aunswer, that hys case might be resolued vpon, and that for the meane tyme he should haue the liberty of the Galery and Gardine in the Tower, when the Duke of Northfolke wer absent.

The king then was lying at Grenewich, at which time the Lieftenaunt of the Tower was appoynted to deliuer the kings booke to the Bishop of Winchester. Who within three dayes after (which was the 13. of Iune) made declaration agayne vnto the Counsaile,MarginaliaWinchester denyeth to make any direct aunswere to the booke vnlesse he were at libertie. that the Bishop hauyng perused it, sayd vnto hym he could make no direct aunswer vnlesse he were at liberty, and so beyng he would say his conscience. Whereupon the Lordes and other that had bene with hym the other day were appointed to go to him agayne to receyue a direct aunswer that the Counsail thereupon might determine further order for hym.

MarginaliaWinchesters aunsweres euer doubtful. The aunswer of the bishop beyng receiued, through the report of the Lordes which had bene with hym, declaration was made agayne, the 8. day of Iuly 1550. that his answeres were euer doubtfull, refusing while he were in prisō to make any direct aunswer. Wherfore it was determined that hee should be directly examined whether he would sincerely conforme himself vnto the kinges maiesties procedinges or not.MarginaliaArticles and letters sent to Winchest. For which purpose it was agreed that perticular Articles should be drawn, to see whether he wold subscribe thē or not, and a letter also directed vnto him frō the kings highnes, with the which the L. Treasurer, the lord great maister, the maister of the horse, and M. Secretarie Peter should repair vnto him: the tenor of which letter hereafter ensueth.

MarginaliaThe kinges letter to Winchest. I T is not (we thinke) vnknowen vnto you, with what clemencie and fauor, we by the aduise of our Counsayle caused you to be heard and vsed vpon these sundry complaints and informations that were made to vs and our said Counsaile of your disordered doinges and woords, both at the tyme of our late visitation, and otherwise. Whiche notwithstanding, consideryng that the fauour both then and many other tymes ministred vnto you, wrought rather an insolent wylfulnes in your selfe, then an obedient conformitie, such as would haue beseemed a man of your vocation, MarginaliaNotorious contemptes in Winchest. noted. we could not but vse some demonstration of iustice towardes you, as well for such notorious and apparaunt contemptes and other inobediences, as after and contrarye to our commaundement were openly knowen in you, as also for some example and terrour of such others as by your example semed to take courage to mutter and grudge against our most godly proceedinges: wherof great discorde & inconuenience at that time might haue ensued. For the auoiding wherof, and for your iust deseruynges, you were by our sayde Counsayle committed to warde. Where albeit we haue suffred you to remaine a long space, sendyng vnto you in the meane tyme at sundrye tymes diuers of the Noble men and others of our priuie Counsaile, and trauailyng by them with clemency and fauour to haue reduced you to the knowledge of your duetie: yet in al this tyme haue you neither knowledged your faultes, nor made any such submissiō as might haue besemed you, nor yet shewed any apparance either of repentance, or of any good cōformity to our godly procedings. Wherwith albeit we both haue good cause to be offended, & might also iustly by the order of our lawes,