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1023 [1022]

K.H.8. E. Freeses wife & childe, Valētine Freese & his wife, Ruy, Baynhã, Martyrs.

MarginaliaThe cause of the taking of Edward Freese. And on a tyme he beyng at his worke in the same Inne they of the Towne, when they had sene his worke, went aboute to take him, and hee hauyng some inclyng thereof, thought to shift for himselfe, but yet he was taken forcebly in the yarde of the same Inne, & after this he was brought to London, and so to Fulham to the Byshoppes house, where he was cruelly imprisoned, with certaine others of Essex, MarginaliaIohnson & his wife. Wylye, hys sonne. Father Bate. that is to wytte, one Iohnson and his wife, Wylye, his wife and his sonne, and father Bate of Rowshedge. They were fed with fine manchet 

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Manchet was the finest kind of wheat bread [OED].

made of sawe dust, or at þe least, a great part therof, & were so straitly kept, that their wiues and their frendes could not come at them.

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After the Painter had bene there a long space, by much sute he was remoued to Lollardes tower. His wife in the tyme of her sute, whiles he was yet at Fulham, beyng desirous to see her husband, and preasing to come in at the gate, beyng then bygge with child, MarginaliaA cruell fact of the byshops porter. the porter lift vp his foote and stroke her on the belly, that at lēgth she dyed of the same, but the child was destroyed immediatly.

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After that, they were all stocked for a long time & then they were let lose in their prisons agayne. Some had horse lockes on theyr legs, & some had other yrons. This painter would euer be writyng on the walles with chauke or a coale, and in one place he wrote Doct. Dodipall would make me beleue that the Moone were made of greene cheese. And because he would be writyng many thinges, he was manicled by the wrestes, so long till the flesh of his armes was growne higher then his yrons. By the meanes of his manicles he coulde not kemme his head, and he remained so long manicled that his heare was felded together. 

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In a letter Edward Freese sent to Cromwell, he complained of the cruelty of being held in irons (TNA SP 1/37, fo. 176r).

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After the death of his wife, his brother sued to the kyng for hym, and after long sute, he was brought out in the Consistory at Paules, and as his brother dyd report, MarginaliaCrueltie shewed to the paynter. they kept him three dayes without meate, before he came to hys aunswere. Then, what by the long imprisonment and much euill handlyng, and for lacke of sustenaunce, the man was in that case, that he could say nothyng, but looke and gase vpon the people lyke a wilde man, and if they asked hym any question, he could saye nothyng, but my Lord is a good man. And thus, when they had spylte hys body, and destroyed hys wyttes, they sent hym backe agayne to Bearsie Abbey, but he came away agayne from thence, and would not tary amongest them: albeit he neuer came to his perfect mynde, to his dying day.

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MarginaliaValentine & his wife burned in Yorke. His brother, of whom I before spake, whose name was Valentine Freese and his wife, gaue theyr lyues at one stake in Yorke, for the testimonie of Iesus Christ. 

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Valentine Freese had been arrested (we do not know the reason, but the offence was clearly related to his evangelical convictions) in the Marches of Wales in 1534. He was apparently released through Thomas Cromwell's intervention. In 1540, Freese and his wife were burned on a charge of sacramentarian heresy in York (A. G. Dickens, Lollards and Protestants in the Diocese of York 1509-1538 [Oxford, 1959], pp. 31-32). Foxe also records that in 1533, Valentine Freese had smuggled a file into the bishop of London's palace, enabling Andrew Hewet, a Protestant martyr, to attempt an escape (1563, p. 506; 1570, p. 1179; 1576, p. 1008 and 1583, p. 1036).

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Also the wife of the sayd father Bate, while he was at Fulham, made many supplications to the kyng, without redresse, and at the last she deliuered one to his own handes, and hee read it hym selfe, whereupon she was appoynted to go into Chauncery Lane, to one whose name (as is thought) was maister Selyard, and at the last, she gote a letter of the same Selyard to the Byshop, and when she had it, she thought all her sute well bestowed, hopyng that some good should come to her husband thereby. And because the wicked officers in those dayes, were very crafty and desirous of bloud, as some others had proued their practise, MarginaliaGods good prouidence. some of her frendes would needes see the content of her letter, and not suffer her to deliuer it to the Byshop, & as they thought, so they found in deede, for it was after this maner.

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MarginaliaA craftie letter of a wicked officer. After commendations had. &c. Looke what you can gather agaynst father Bate, send me worde by your trusty frend Syr William Saxie, that I may certifie the kynges Maiestie. &c. Thus the poore woman, when she thought her sute had bene done, was in lesse hope of her husbandes lyfe thē before. But within short space after, it pleased God to deliuere him: for he gate out in a darke night and so was caught no more, but dyed within a short tyme after.

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MarginaliaRoye burned in Portugale. In this yeare also, as we do vnderstād by diuers notes of old Registers and otherwise, Frier Roy was burned in Portugale 

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This is William Roy, the evangelical and anti-clerical satirist [ODNB]. Foxe is almost certanly repeating Thomas More on Roy's death (see The Confutation of Tyndale's Answer, ed. L. A. Schuster, Richard C. Marius, James P. Lusardi and Richard J. Schoeck, CWTM 8[3 vols., New Haven, CT, 1973], I, p. 8).

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: but what his examination, or Articles, or order of his death was, we can haue no vnderstāding. But what his doctrine was, it may be easely iudged by the testimonies, which he left here in England.

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In þe begynnyng of this yeare which we are now about, through the complaynt of the Clergy made to the kyng, the translation of the new Testament with a great number of other bookes, were forbydden. For the Byshoppes comming into the Starre chamber the 25. day of May, and cōmunyng with the kynges Counsell, after many pretences and long debatyng, MarginaliaThe translation of the new testament inhibited by the byshops. alledged that the translation of Tyndall and Ioye were not truely translated, and moreouer that in, them were Prologues and Prefaces, that smelled of heresie, & rayled agaynst the Byshops, wherfore al such bookes were prohibited, and commaundement geuen by the kyng to the Byshops, that they callyng to them the best learned men of the Vniuersities, should cause a new translation to be made, so that the people might not be ignoraunt in the law of God. MarginaliaThe byshops commaunded by the king to set forth a new trãslation of the new Testament. Notwithstanding thys commaundement, the Byshops did nothing at all, to the settyng forth of any new translation, which caused the people much to studie Tyndals translation, by reason whereof many thinges came to light, as ye shall hereafter heare.

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This yeare also, in the moneth of May, the Byshop of London caused all the new Testamēts of Tyndals trāslation, and many other bookes which he had bought, to be brought vnto Paules Churchyarde, and there openly to be burned.

Iames Baynham Lawyer and Martyr.

MarginaliaIames Baynham Martyr. IAmes Baynham Gentleman 

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Foxe's first account of James Bainham was in the Rerum (pp. 126-7). Foxe stated that George [sic] Bainham was in 1532 for denying the existence of Purgatory and denying that Thomas Becket was a saint. Foxe's source for this was clearly John Bale, who had written that 'George' Bainham was burned for denying the existence of Purgatory and denying that Thomas Becket was a saint (Bale, Catalogus, p. 763 and John Bale, The epistle exhortatorye of an English Christiane [Antwerp, 1544?], STC 1291.5, fo. 13v).

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, sonne to one M. Baynhā a Knyght of Glo.estershyre 
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James Bainham was the youngest son of Sir Alexander Bainham, who was the head of the most prominent family in the Forest of Dean and who had been sheriff of Gloucestershire five times. James Bainham's mother was the sister of William Tracy. William Tracy was a prominent member of a leading Gloucestershire family and he was a former sheriff of the county. His will aroused considerablecontroversy because of its outspoken declaration of justification by faith without theassistance of works. Manuscript copies of the will circulated extensively. On the Bainham family, see Caroline Litzenberger, The English Reformation and the Laity: Gloucestershire, 1540-1580 (Cambridge, 1997), pp. 30-31. On Tracy, see John Craig and Caroline Litzenberger, 'Wills as Religious Propaganda: The Testament of William Tracy', Journal of Ecclesiastical History 44 [1993], pp. 415-31 and the 1535 copy of the will, with commentaries by William Tyndale and John Frith, that was printed in Antwerp: the testament of master William Tracie esquier (Antwerp, 1535), STC 24167.

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beyng vertuously brought vp by hys parents in the studies of good letters, had knowledge both of the Latine and þe Greeke tongue. After that, he gaue himselfe to the studie of the lawe, beyng a man of vertuous disposition, and godly conuersation, mightely addicted to prayer, an earnest reader of the Scriptures a great mainteyner of the godly, a visitour of the prisoners, liberal to schollers, very mercifull to hys clientes, vsing equitie & iustice to the poore, very diligent in geuing counsell to all the needy, wydowes, fatherles, and afflicted, without mony or reward, briefly a singular example to all Lawyers.

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This M. Baynham, as is aboue noted, maryed the wyfe of Symon Fishe aforesayd 

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Although Foxe does not say so, it is pretty clear that Joan Bainham was the source for this story of More's treatment of James Bainham. Notice that the account ends with a description of her imprisonment. For Joan Bainham as a source for other accounts in Foxe see Thomas S. Freeman, 'The importance of dying earnestly: the metamorphosis of the account of James Bainham in "Foxe's Book of Martyrs" in The Church Retrospective, ed. R. N. Swanson, Studies in Church History 33 (Woodbridge, 1997), pp. 272-3. Given the source, and her understandable animus against More, the stories his torturing her husband should be treated with caution. More vehemently denied contemporary allegations that accused heretics were beaten in his garden (Thomas More, The Apology, ed. J. B. Trapp, CWTM 9 [New Haven , CT, 1974] pp. 117-20).

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, for the which he was the more suspected, and at last was accused to Syr Tho. More Chauncellour of England, and arrested wyth a Sergeant at Armes, and caryed out of middle Temple, to the Chauncellours house at Chelsey, where he cõtinued in free prison a while, till the tyme that Syr Tho. More saw he could not preuaile in peruerting of hym to his secte. Then he cast hym in prison in his owne house, and whipped hym at the tree in his garden, called the tree of troth, and after sent hym to the Tower to be racked, and so he was. Syr Tho. More beyng present hymselfe, till in a maner he had lamed him, because he would not accuse the Gentlemen of the Temple of hys acquaintaunce, nor woulde not shewe where hys bookes lay: and because his wife denyed them to be at hys house, she was sent to the Flete, & their goods confiscate.

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After they had thus practised agaynst hym what they coulde by tortures and tormentes, then was he brought before Iohn Stokesly Byshop of London, the xv. of December. an. 1531. in the sayd towne of Chelsey, and there examined vpon these Articles and Interrogatories ensuing.

MarginaliaInterrogatories ministred to Baynham. 

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The source for the material on Bainham's first trial is a now lost court book of Bishop John Stokesley of London. In his first edition, Foxe first printed a statement (almost certainly from Joan Bainham) that Bainham confounded his adversaries at this trial. Foxe then printed a list of the articles ministered to Bainham, but not Bainham's answers (1563, pp. 492-3). What probably happened was that Foxe only obtained this court book as the story of James Bainham was being printed and that Foxe was only able to integrate material from the cout book only imperfectly into his marrative. In the second edition, Foxe omitted the inaccurate description of defiant Bainham overcoming his examiners and he provided Bainham's answers to the answers.

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FIrst whether he beleued there were any Purgatory of soules hence departed.

Wherunto he made aunswere as foloweth: If we walke in light euen as he is in light, we haue societie together wyth hym, and the bloud of Iesus Christ his sonne, hath clensed vs from all sinne. If we say we haue no sinne, we deceiue our selues and the truth is not in vs. If we confesse our sinnes, he is faythfull and iust, & will forgeue vs our sinnes, and will purge vs from al our iniquities.

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2. Secondly, whether the Saintes hence departed, are to be honored and prayed vnto, to pray for vs.

MarginaliaAunswere. To which he aunswered on this wise: My litle childrē I write this vnto you, that you sinne not. If any man doe sinne, we haue an Aduocate with the father, Iesus Christ the iust, and he is the propitiation for our sinnes, and not onely for our sinnes, but also for the sinnes of the whole world. And further, vppon occasion of these wordes: Omnes sancti Dei orate pro nobis, beyng demaunded what he ment by these wordes. MarginaliaOmnes Sancti dei. Omnes sancti, he aunswered: that he ment them by those that were alyue, as S. Paule did by the Corinthians, and not by those that be dead: for hee prayed not to them (he sayd) because he thought that they which be dead cannot pray for him. Item when the whole Churche is gathered together, they vse to pray one for an other, or desire one to pray for an other, with one hart: and that the will of the Lord may be fulfilled and not ours: and I pray, sayd he, as our Sauiour Christ prayed at his last houre: Father, take this cuppe from me if it be possible, yet thy will be fulfilled.

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3. Thirdly, he was demaunded whether he thought that any soules departed were yet in heauen or no.

MarginaliaAunswere.
Soules departed.
To this he aunswered and sayd: That he beleued that they be there as it pleaseth God to haue thē, that is to say, in the fayth of Abraham, and that herein he would commit hymselfe to the Church.

4. Fourthly, it was demaunded of him, whether hee thought it necessary to saluation, for a man to confesse his sinnes to a Priest.

MarginaliaAunswere. Whereunto his aunswere was this: That it was lawfull for one to confesse and knowledge his sinnes to an other.

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