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642 [586]

Actes and Monumentes of the Church.

gottē and in what place or party so euer they be and all his offices what so euer he hath hether to had reseruing notwithstandinge the dowery and such part and portiō of his goods as by the law Custom and right of this realm vnto parsones confiscate ought to apertaine. MarginaliaThe picter of Borthuicke cursed and condemned. Also we decree that the picture of þe saied Ihon Borthuicke being formed made and painted to his liknes, be caried thorow this our city to oure cathedrall church and afterward to the market crosse of the same city, and there in token of Malediction and curse and to the terror and example of others and for a perpetual remembrance of his obstinacy and condempnation to be burned. Likewise we declare and decree that notwithstandinge if the saied Iohn Borthuike be here after apprehended or taken that he shall suffer such like punishment dewe by order of law vnto heretikes, without any hope of grace or mercy to be obtaind in that behalfe. Also we plainly admonishe and warne by the tenore of these presentes, all and singuler faithful christians both men and wemen of what dignity, state, degre, order, condition, or preheminence so euer they be, or with what so euer dignity or honour ecclesiasticall or temporall they be honored with all, that from this day forwarde they do not receiue or harber þe saied Sir Iohn Borthuike commonly called captaine Borthuike being acused conuict and declared an hereticke, and Archehereticke into their houses, hospitalles, castelles, cities, tounes, vilages or other cotages what soeuer they be, or by any māner of meanes admit him therunto or either by helping him with meate drinke or vitalles, or any other thinge what so euer it be they do shew vnto him any manner of humanyty, help, cōfort, or solace, vnder the paine and penalty of greter and further excommunicatiō, confiscation, and forfitures. and if it happen that they be founde culpable or fauty in the premisses, that they shallbe accused therfore as the fauorers, receiuers, defenders, mainteiners, and abetters, of heretickes and shallbe punished therfore according to the order of law & with such paine and punishment as shallbe dew vnto men in such behalfe.

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¶ The setting forth of the six artycles wherin is declared how and by whom they were set forth and what they were. 
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Act of Six Articles

In this section Foxe turns to what had become, in restrospect, a defining event of the Henrician Reformation: the 1539 Act Abolishing Diversity in Opinions (31 Henry VIII c. 14), universally known then and since as the Act of Six Articles. This is a critical part of Foxe's narrative of Henry's reign; it is also thick with factual errors and dubious interpretation.Foxe was heir to twin Protestant and Catholic traditions which had decided that the Act was a mainstay of religious conservatism. For Catholic opponents of religious change under Edward VI, the Act became a touchstone of orthodoxy, with the southwestern rebels of 1549 demanding that the 'Lawes … concernynge the syxe articles' should be restored. (A Copye of a letter (RSTC 15109.3: London, 1549), sig. B6r.) Protestants had long concluded that the Act was a bloody instrument of persecution. Richard Grafton, in his continuation of Edward Hall's chronicle - which provides the narrative core for Foxe's account of this episode, and to which many of the problems with Foxe's account can be traced - claimed that 'of some [the Act] was named the whip withe sixe strynges' (Edward Hall and Richard Grafton, The vnion of the two noble and illustrate famelies of Lancastre & Yorke (STC 12721: London, 1548), part II, fo. 234v). A pamphlet of 1548 described it as 'their whip of correction ... hanged [with] .vi. stringes' (Peter Moone, A short treatise of certayne thinges abused (STC 18056: London, 1548), sig. A3v).This view of the Act as the brutal centrepiece of a popish backlash determined Foxe's view, not only of the Six Articles, but of the period 1539-47 as a whole. Recent scholarship has taken a less apocalyptic view of the Act and of that period. Alec Ryrie, The Gospel and Henry VIII (Cambridge, 2002), pp. 15-39, discusses the Act, its reputation and its genesis, arguing that it was the outcome of a particular diplomatic moment, that it had little immediate impact, and that many reformers were content with much of it. Rory McEntegart, Henry VIII, the League of Schmalkalden and the English Reformation (Woodbridge, Suffolk, 2002), pp. 150-63, gives the critical diplomatic context. Glyn Redworth, 'A study in the formulation of policy: the genesis and evolution of the Act of Six Articles' in Journal of Ecclesiastical History vol. 37 (1986), pp. 42-67, reconstructs the process by which the Act came into being. The main factual errors of Foxe's account are chronological. The Hall and Grafton chronicle (his principle source for this section, alongside the text of the Act itself) used London mayoral years, which run from October to October: this led him to date the Act to 1540, rather than 1539. This is significant for Foxe's account of Thomas Cromwell's fall, for in 1570 and subsequent editions of the Acts and Monuments, Foxe redated Cromwell's fall, correctly, to 1540 - thus making it appear that Cromwell's arrest followed immediately on the passage of the Six Articles, whereas in fact more than a year separated the two events. His main account of the persecution under the Six Articles also suffers from serious chronological confusion.More significant, perhaps, is the vagueness of much of this account, for aside from Grafton's assertions and the text of the Act, Foxe had little hard evidence to back up his view that 'religion began to goe backward' from 1539-40 onwards. As a result, here as elsewhere Foxe is driven to embrace conspiracy theory. Behind every setback for the evangelical cause he detects the manipulating evil genius of Stephen Gardiner, bishop of Winchester: a view only loosely related to reality but, like the reputation of the Six Articles, already firmly established in English Protestant mythology by the time Foxe wrote. See Michael Riordan and Alec Ryrie, 'Stephen Gardiner and the making of a Protestant villain' in Sixteenth Century Journal vol. 34 (2003), 1039-63.Alec Ryrie

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EMonge other actes and doinges whiche happened this present yeare in England now commeth to hand, the manner and order of setting forth the. 6. articles which althoughe, for the miserable and pernicious tiranny of þe same, they be worthi of no memory amongst christen men but rather to be buried in perpetuall silence of oblyuion: Yet forthat the office of history compelleth vs therunto, for the light of posterity to come, faithfully and simpely to comprise things done in the church as wel one thing as an other, this shal be briefly to expresse, that in this yere present 1540. 

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1539. The parliament opened on 28 April 1539.

the kinge caused and commaunded his court of parliament, to be at this time summoned: And also a Sinode and conuocation of all the Archbishoppes, bishopps and other lerned men of the clergy of this realme, to be in like manner assembled.

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In which parliament, Sinode and conuocatiō certeine articles, matters, and questions touching religiō wer decreed by certen prelats to the nomber especiallye of sixe in pretence of vnity, to be had amongst the kinges subiectes. But what vnity therof folowed the grudging of many harts, and cruell death of diuers did declare, and I pray god herafter neuer declare no more.

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MarginaliaTransubstantiation. 

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Foxe notes quite correctly that this first article defends the full doctrine of transubstantiation. However, although the word itself had appeared in early drafts of the bill, it was deliberately omitted from the final Act. See Ryrie, The Gospel and Henry VIII, p. 36.

The i. article 
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The text of the articles is taken verbatim from the statute 31 Henry VIII c. 14 (Statutes of the Realm, vol. 3 (London 1817), pp. 739-40).

in this present parliamēt accorded and agreed vpon, was this, þt in the most blessed Sacrament of the altar, by the strength and efficacy of christes mighty worde (it being spoken by the priest) is present really vnder þe forme of bread and wine, the naturall body & bloud of our sauiour Iesu christe, conceiued of the virgen Mary, and that after the consecration ther remaineth no substāce of bred or wine or any other substance, but the substance of Christe, God and man.

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MarginaliaSacramēt in both kindes excluded.Secondly, that þe communion in both kinds, is not necessary ad salutem, by the law of God to al persons. And that it is to be beleued & not doubted of, but that in the flesh, vnder fourme of bread, is the very bloud: And with the bloud vnder fourme of wine, is the very flesh as well apart, as they were both together.

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Thirdely thatfpriests, after the order of pristhoode receued, as afore, may not mary by the lawe of God.

MarginaliaVowes ratifyed.Fourthly, that vowes of chastity or widowhead, by man or woman, made to god aduisedly, ought to be obserued by the lawe of God: And that it exēpteth them from other liberties of christen people, which without that, they might enioye.

MarginaliaPriuate masses.Fiftely, that it is mete and necessary, that priuate Masses be continued and admitted in this kinges english church and congregation as wherby good Christen people, ordering thē selfes accordingly, do receue both godly and goodly consolations and benefittes: And it is agreable also to goddes lawe.

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MarginaliaAuriculer confessyon.¶ Sixtly, that auriculer confession is expedient and necessary to be reteined and continued vsed and frequented in the church of god. After theise articles were thus concludid and consēted vpon the prelates of the realme craftely perceiuing that such a foule and violent act could not take place or preuail, onles strait and blo-

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