Marginalia1555. Maye.citing and further inquiring out of the case of Iohn Tooly.  

MarginaliaA Citation set vp by Boner and that in latin, commaunding his kinne and kinsfolkes to lay for hym what they could, before the sentence geuen, or els to hold their peace for euer.EDmond by the sufferaunce of God, Bishop of London, to all and singular Persons, Vicares, Curates, and others, Clerkes and learned men, being within our Dioces of London, and specially vnto Richard Clony our sworne Sumner, greeting, salutation, & benediction. For so much as it is come to our hearing by common fame, and the declaration of sundry credible persons, that one Iohn Tooly, late Citizen and Pulter of London, the sonne of perdition and iniquitie, commyng to the profunditie of malice, in the selfe same tyme in þ^e which he should goe to hanging, accordyng to the Lawes of the Realme, for the great thefte by hym lately committed, at whiche tyme chiefely he shoulde haue cared for the wealth of his soule, and to haue dyed in the vnitie of the Catholique Church, did vtter diuers and sundry damnable, blasphemous, and heretical opinons, and errours, vtterly contrary and repugnāt to the veritie of the Catholike faith and vnitie of the same, and did exhort, styrre vp, and encourage the people there standing in great multitude, to hold and defend the same errors and opinions: And moreouer, certaine of the people there standing, as it did appeare, infected with errours and heresies, as fautours and defenders of the said Iohn, dyd confirme and geue expresse consent to the foresaid woordes, propositions, and affirmations: which thing we doo vtter with sorowe and bytternesse of hart.

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MarginaliaNote how Boner here pretendeth conscience in prosecuting this matter, when onely he was commaunded vnto it by the Counsels letters.We therfore the foresaid Edmond, & Bishop abouesaid, not being able, nor daring passe ouer in silence, or winke at the foresaid hainous act, least by our negligence and slacknes, the bloud of thē might be required at our handes, at the most terrible day of iudgement, desiring to be certified & enformed, whether þ^e premisses declared vnto vs be of truth, & least that any scabbed sheepe, lurking amongest the simple flocke of our Lord, do infect them with pestiferous heresie, to you therfore, we straitly charge and commaund, that you cite, or cause to be cited, al and singular, hauing or knowing the truth of the premisses, by settyng vp this Citation vpon the the Church doore of Saint Martins in the field, beyng within our Dioces of London, and also vpon the Cathedral Church doore of S. Paules in London, leauing there the copie hereof, or by other meanes or wayes, the best you can, that this Citation and Monicion may come to their knowledge.

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All which and singular by the tenour of these presents, we cite and admonishe that they appeare, and euery one of them do appeare before vs or our Vicar generall, or Commissary, what soeuer he be in that behalfe, in our Cathedrall Churche of saint Paul in London, in the Consistory place vpon Thursday the second day of May, now next ensuing, betwixt the houres ix. and x. of the clocke in the foorenoone the same day, to beare witnes to the truth in this behalfe, and to depose and declare faithfully the truth that they knowe or haue heard of the premisses: and moreouer, to doo and receiue, that law and reason doth require.

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Further, we commit vnto you as before, and straytly enioynyng you do commaund, that ye wyl MarginaliaThe wyfe, children, and kindred of Iohn Tooly cited.generally cite the wyfe of the said Tooly that is dead, & his chyldren, his kinred by father and mother, his frendes, and his familiars in especial, and all other and euery of them, if there be any perhaps that desire to defende and purge the remembraunce of the person in the premisses, and that ye admonishe them after the maner and forme aforesaid, whō we likewise by the tenour of these presents, do in such sort cite and monish that they appeare all, & that euery one of thē doo appeare (vnder paine to be cōpelled to kepe silence for euer hereafter in this behalfe) before vs, or our Vicar generall in spiritual matters, or such our Commissary at the day, houre, and place aforesaide, to defende the good name and remembraunce of him that is dead, and to say, allege, and propose in due forme of lawe, a cause reasonable, if they haue any, or can tel of any why the said Iohn Tooly that is dead, ought not to be determined and declared for suche an heretike and excommunicate person, and his remembraunce condemned, in the detesting and cōdemning of so heynous a deede and crime, and his body or carkas to lacke Church buriall, as a rotten mēber cut of from the church,MarginaliaThe carcas of Tooly cut of from christian buryall. and the same to be committed to the arme & power secular, and they compelled hereafter for euer to holde their peace.

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And furthermore, to do, to receiue, & to suffer, as lawe and reason wyll, and as the qualitie of such matter, and the nature of them selues do constrayne and require: and moreouer, that you cite and monishe after the maner aforesaid, all and euery of the receyuers, fautours, and creditours of the said Iohn Tooly that is dead, especially if any of them doo accline and geue consent to those wicked and detestable affirmations, propositions, and rehearsals aforesaid, that on

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this side the said Thursday, they returne and submit them selues vnto vs, and to the lap of the mother holy Churche:MarginaliaThe Byshop layeth his bayt to catch whom he may trouble. which thing if they doo, we trusting vpon the mercy of almighty God, doo promise that we wyll receiue them beyng penitent for suche their errors & faultes, with thankes, benignitie, mercy and fauor, to the comfort and health of their owne soules, and in that behalfe saue their honesties to the vttermost of our power: otherwise if they wyll not prouide thus to come of their owne accorde, but to abide þ^e ordinary processe of the law, let those mē know that we wyll punish more seuerely this offence, according to the vttermost of the law, and as farre as the law will beare it: and what you shal do in the premisses, let hym among you which shall execute this our present Mandate, certifie vs or our vicar general in spirituall matters, eyther by his owne person, or by his letters patents, together with these autētically sealed. Dated at London vnder our seale, the last day saue one of Aprill. 1555. and of our Translation, the. 16.

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When the tyme of this Citation was expired, and this Tooly being cited, dyd not appeare: nexte in order of lawe came MarginaliaTooly suspended and excommunicated.the suspension (where as one suspension had bene enough for hym) and after that commeth the Excommunication, that is, that no man should eate or drinke with him, or if any mette hym by the way, he shoulde not bydde hym good morowe, and besides that, he shoulde be excluded from the Communion of the Churche. These thynges beyng prepared in such maner, as in such cases ful wisely they vse to doo, at length one stoode out for the nonce, that made aunsweare to certayne articles, rehearsed in iudgement openly, and that in the behalfe of the dead man. But when the poore dead man could neyther speake for hym selfe, nor did (as they saide) sufficiently answeare them by the other, to auoyde the name of an heretike: first witnesses  

were producted against hym, whose names were MarginaliaWitnes against Ioh. Tooly.Hēry Clarke Esquier, Thom. Way keeper of the Marshalsey, Phillip Andrew Vndermarshal, William Holingworth Fishmonger, William Gellard, William Walton, Chaundelour, Richard Longman Marchaunt Taylour, Philip Britten, Iohn Burton Brewer, Thomas Smyth Sergeant. Then he was for an heretike condemned, and so MarginaliaTooly geuen to the secular power.committed to the secular power, namely to the Sheriffes of London, whiche with like diligence went aboute to execute their charge. Therfore receiuyng the man being suspended, excommunicated, condemned as an heretike, and besides that beyng dead, they laid him on the fire to be burned, namely, ad perpetuam rei memoriam, for a continual remembrance therof. This was done the fourth day of Iune.  

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MarginaliaThe story of M. Thomas Haukes, Martyr.IMmediatly after the story of D. Taylor. pag. 1456. mention before was made of sixe men brought & conuented before bishop Boner vpon the eight day of February. The names of whiche martyrs were Steuen Knight, William Pigot, Tho. Tomkins, Ioh. Laurence, Wil. Hunter. In which number was also Thomas Haukes, & condemned likewise with thē the. 9. day of the foresaid moneth of February But because his execution did not so shortly folowe with theirs, but was prolonged to this present. x. day of the moneth of Iune, wherewith we are now in hand, it foloweth therfore now cōsequently to enter tractation therof, first beginnyng briefly with his godly cōuersation & institution of life, then shewing of his troubles, also of his examinations and conflicts with the bishop and other aduersaries, according as the order of story doth require.

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As touching therefore his education and order of lyfe, MarginaliaThe lyfe and conuersation of Tho. Haukes.first he was of the countrey of Essex, borne of an honest stocke, in callyng and profession a Courtier, brought vp daintily from hys childhoode, and like a Gentleman. Besides that, he was of such comelynes and stature, so well endued with excellēt qualities, that he might seeme on euery side a man (as it were) made for the purpose. But his gentle behaueour toward other, and especially hys feruent studye and singular loue vnto true Religion and godlynes dyd surmount all the rest. Wherein as God dyd singularly adorne hym: euen so he being such a valiaunt martyr of God, may seeme to nobilitate the whole company of other holy martyrs, and as a bright starre, to make the Churche of God and his truth, of them selues bright and cleare, more gloriously to shine by his example.

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MarginaliaThe victory of Martyrs is the triumph of Christ. Ambrose.For if the conquests of martyrs are the triumphes of Christe (as saint Ambrose doth notably and truely write)