Marginalia1551. sent vnto þ^e sayd Cōmissioners, to witte,MarginaliaThe names of the Commissioners delegate in the cause of St. Gardiner. to the Archbishop of Cant. Nich. bishop of London, Thomas bishop of Elye, Henry bishop of Lincolne, Secretary Peter, Syr Iames Hales knight, Doctor Leyson Doctor Olyuer Lawyers, and Ihon Gosnold Esquyre. &c. before thē and by them to be examined, by whom were obiected against him xix. speciall articles in order and forme here following.

MarginaliaArticles ministred agaynst Wynchester by the Commissioners. I N primis, that the kings Maiesty iustly and rightfully is and by the lawes of God ought to bee the supreme head in earth of the church of england and Ireland, and so is by the Clergy of this Realme in their conuocation and by the act of Parliament iustly and according to the lawes of God recognised.

2 Item, that his maiestie as supreme head of the said churches, hath full power and authoritie to make and set suche Lawes, Iniunctions, and Ordinances, for and concerning Religion and orders in the said churches for the increase of vertue and repressing of all erroures, heresies, and other enormities and abuses.

3 Item, that all and euery his graces subiectes are bound by the lawes of God to obey all his highnes sayd lawes, Iniunctions, and proceedinges concerning religion and orders in the sayd Churches.

MarginaliaWinchester sworne to the kynges supremacie. 4 Item, that you Steuē bishop of Winchester haue sworn obedience to his Maiestie, as supreme head of this Church of England and also of Ireland.

5 Item, that all and euery his graces subiectes that disobey any of his sayd Maiesties lawes, Iniunctions, ordināces and procedinges already set forth and published, or hereafter to be set forth and published, ought worthely to be punished according to his Graces Ecclesiasticall lawes, vsed within this his Realme.

MarginaliaWinchester after his oth found disobedient to the king and his proceedinges. 6 Item, that you the sayd bishop, as well in the kings M. late visitation w^tin your ddoces, as at sondry other times, haue been complayned vpon, and sundry informations made agaynst you for your doinges, sayinges and preachinges against sundry Iniunctions, orders and other procedinges of his Maiesty set forth for reformation of errors, superstitiōs and other abuses in Religion.

7 Item, that after and vpon the occasion of those & other many complaintes and informations, you haue been sundry tymes admonished, commaunded & enioyned to cōforme your selfe, as to your duety apperteineth.

MarginaliaThe manifolde trangressions of Wint. worthy of punishment. 8 Item, that after the premisses, and for that those former admonitions and commaundements notwithstanding, you did yet stil shew your selfe not conformable, and for that also by your example the people were much animated, & thereby occasion of much vnquietnes ministred, you were called before the kinges M. Counsell in the moneth of Iune, the second yeare of his maiesties raigne, and by them on his highnes behalfe commaunded to preach a Sermon before his Maiesty, and therin to declare the iustnes and godlynes of his Maiestyes Father and hys procedinges vpon certayn matters partly mentioned in certain Articles to you deliuered in writing and partly otherwise declared vnto you: The effect wherof was touching the vsurped authority of the bishop of Rome, and that his pretensed authority was iustly and godly taken away in this Realme and other the kinges Maiestyes Dominyons: Touching the first suppression & taking away of Monasteryes, Religyous houses, Pilgrymages, Reliques, Shrines and Images, the superstitious going about of S. Nicholas bishop, S. Edmund, S. Katherin, S. Clement and such like: for taking away of Chaūtreis, Obites and Colleges: touching halowing of candels, water, Ashes, palme, holy bread, beades, creeping to þ^e crosse and such like: touching the settyng forth of the Kinges maiesties authority in hys yong yeres to be as great, as if hys highnes were of many more yeres, touching auricular confession, touchyng the procession and common prayer in Englishe, and that thynges done in generall Councels against the woorde of God, may bee iustly reuoked in perticular Councels.

MarginaliaWinchesters cōtēptuous disobedience to the kyng. 9 Item, that you receiuyng the same, and promising to declare them in a sermon by you made before hys Maiesty for that purpose, on the feast of S. Peter in the sayd second yere of his highnes raigne, did then and there contemptuously and disobediently omit to declare and set forth manye of the sayd matters, to the great contempt of hys Maiesty, and daungerous example of others.

10 Item, that you being also commaunded, and on his Maiestyes behalfe, for the auoyding of tumult, & for other great considerations inhibyted to treate of any matter in controuersie concerning the Masse or the Communion, (then cōmonly called the Sacrament of the Aultar) did contrary to the sayd commaundement & inhibition, declare diuers your iudgements and opinyons in the same, in manifest cōtempt of hys Maiesties sayd inhibition, to the great offence of the hearers, and disturbaunce of the common quiet, and vnitie of the realme.

MarginaliaWinchest. stubbornely refused to conforme hymselfe to the booke of the kinges proceedinges. 11. Item, þ^t after the premisses, videlicet in the monethes of May or Iune or one of them, in the thyrd yeare of his highnes raigne, his maiesty sent eftsones vnto you, to know your conformitie towards his sayd reformation, and specially touching the booke of common praier then lately set forth by his maiesty, whereunto you at the same tyme refused to shewe your selfe conformable.

12. Item, that after that, videlicet the. ix. day of Iulye, in the fourth yeare of his Maiesties raygne, his hyghnes sent vnto you his graces letters, with a certayn submission and articles, wherunto his Grace wylled and commaunded you to subscribe, to the which submission you contemptuosly refused to subscribe.

MarginaliaWinchester standeth in iustification of himselfe. 13. Item, that you hauyng eftsones certayn of the Kynges most honorable Councell sent vnto you the. xij. of Iulye in the sayd fourth yeare, with the same submission, and beyng in his Maiesties behalfe required and commaunded to consider agayne better the sayd submission and to subscribe the same, stoode in iustification of your selfe, and woulde in no wyse subscribe thereunto.

14. Item, that after all this, the. xiiij. daye of Iulye, in the said fourth yeare, the sayd kynges maiestie sent yet againe vnto you certayne of his maiesties most honorable Councell with an other submission and diuers other articles, willing and commaundyng you to subscribe your name thereunto, which to do you vtterly refused.

MarginaliaFantasticall considerations of Winchest. 15. Item that after al this, videlicet the. xix. of Iuly in þ^e sayd fourth yeare, you beyng personally called before the whole Counsayle, and hauyng the sayd submission & articles openly and distinctly read vnto you, and required to subscribe the same, refused for vniust and fantasticall considerations by you alledged, to subscribe the same.

16. Item, that for your sundrye and manifold contemptes and disobediences in this behalfe vsed, the fruits of your benefice were then by speciall commission of his maiesty iustly and lawfully sequestred.

17. Item, that after this you had intimation and peremptory monition, with comunication that you should with in three monethes next following the sayd intimation, reconcile and submit your selfe vpon payne of depriuation.

18. Item, that the sayd three monethes are now fully expired and runne.

MarginaliaWinchester sworne to aunswere truely. 19. Item that you haue not hetherto, according to the sayd intimation and monition submitted: reconciled, nor reformed your self, but contemptuously yet still remayne in your disobedience. Whereupon they required the bishop of Winchester, then and there personally present to be sworne faythfully and truely to make aunswer.

After these Articles were exhibited vnto him, and he hauing leaue to say for himself, wherin he vsed all the cautels, shiftes and remedies of the law to his most aduauntage, by way of protesting, recusing and excepting agaynst the Commission, and requiryng also the copyes as well of the Articles, as of his protestatiō of the Actuaries (which were W. Say and Tho Argal)MarginaliaTime geuen to Winchest. to aunswere by writing. tyme and respite was assigned vnto him to aunswere to the sayd Articles in writing. But hee so cauilled and dalyed from day to day, to aunswere directly, although hee was sufficiently laboured and persuaded to the same by sondry callyngs and Actes, and also abundantly conuicted by depositiōs and witnesses,MarginaliaFor the depostitions of these and other witnesses against Wint. read in the first edition of Actes & Monumentes, pag. 816. especially by matter induced by the lord Paget, and Andrew Beynton,and M. Chalenor pag. 816. (all which I referre to my first booke) that at the last he appealed from them, reputyng them not to be competent and indifferent iudges to heare and determine his cause, vnto the kynges royall person: notwithstandyng by protestation alwayes reseruyng to himselfe the benefite of his appellation: And so proceded he to the aunsweryng of the foresayd articles, but in such crafty and obstinate maner, as before he had bene accustomed, and as at large to them that be desirous to vnderstand the processe thereof, in the ffirst booke of the Actes and monumentes of the church aforesayd may appeare.

But briefly to conclude, such exceptions he vsed agaynst the witnesses produced against hym, and he hymselfe produced such a number of witnesses in his defence, and vsed so many delayes and cauillations, that in the end the commissioners seyng his stubbornnes, proceded to the sentence deffinitiue agaynst him, as here vnder foloweth.

I N the name of God, Amen. By authoritie of a commission by the high and mighty prince our most gracious soue-