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922 [922]

Actes and Monumentes of the church

according to the truthe and veritie of Christes worde, and the catholique faith, and doctrine, that in the same Sacrament of thaltar, is the verie presence of Christes body and bloud, therfore the same Archebyshop and byshops, haue and do shew them selfes vnduely affected against me, and be notoriously in the truthe aduersaries vnto me: and syr Wylliam Peter, was one of the iuges, that decreed the frutes of my byshoprike, not according to the order of lawe, or vpon cause sufficient, iniustlye, contrary to the lawes to be sequestred, and did sequester them, De facto, sed non de iure, and nowe is iudge in his owne cause, concerning his owne fact, and so entreateth, and affecteth the maintenaunce of the same against me, the said bishop, as his own proper cause, both in the place of iudgement, and other places: and also all the sayde iudges haue so notoriously handled, vsed, and openly manifested them selues in the distruste, and in their proceading in this matter against me, the said bishop, that they seame, and appeare openly to indifferent men, them hearing, and perceauing, rather to be parties, then indifferēt iudges, and shewe and declare manifestly in wordes, & dedes, their vndue affection towardes me, in my matter aforesayd, and more earnestly, feruently, and rigorously saying, imagining, and intēding withal their indeuours and industrie, what they can possible saye and do against me, then any other of them that be of counsel against me, do, or can imagin, or inuent to saye, or do, and at no time do shewe thē selues like indifferēt iudges, to saye, speak, declare, or do in word, or dead, any thing, or matter besydes graunting of processe, that might touche or retorne to my iust innocencie, and iust and laufull defence, notoriously knowen to them as iudges in this behalfe, opening, and manifesting thereby, and by other the premisses, their vndue affection, purpose, and intent they haue to depryue me from my byshoprick, and to make their determination by sentence against me: and that, not withstanding the copies of such necessarie wrytinges, and exhibites, as were exhibited in this cause by the parte of me the sayd bishop, whiche be very necessary, and expedient for the profe of my part in this behalfe, be not yet deliuered me, where vpon I myght consulte with my counsayll: and that the fact, and state of the cause is not yet fully opened, or declared, the said iudges hauing for their affections, and other the causes aforesaide, no respect thereunto, nor to minister iustice in this behalf, hauing as yet litle or no knowledge at all of the cause, prepare and shewe them selues, redy and with all their affection, industrie, and indeuour them selues redy to geue geue sentence of depriuacion against me, and in effect vttered the same openly in iudgement: and to thintent the verytie of the fact, & due profe therof, wherby the innocencie of me the siad B. might euidently appeare should passe ouer vnknowen, and to haue thesame conceled, cloked, and hidde, the said pretensid Commissaries, sitting and vniustly, & vnlawfully proceading in this matter, yesterday, being the xiiij. of this present moneth of February, then being the first tyme that in the matter was assigned to hear sentēce, & the first opening, or declaring of any part of þe fact, after þe publicatiō & other probatiōs made, hauing no respect to any of the premisses, nor yet that it was almoste iij. of the clock that I returned home to the tower, to repose and refresh my selfe, whervnto without any consyderation had in any the premisses, assigned the next morowe: Videlicet, this daye at ix. of the clock afore noone to heare the diffinitiue sentēce in this matter, not firste admitting thexceptions layde before them by the sayde byshop, but refusing so to do, and thereby reiecting the same, no daye beyng of respecte betwixte the sayde dayes, whereby it is notorious that the sayde time assigned, was and is so short, that the counsayle of me the sayde byshop, dwelling about Paules, and I remaynyng prysoner in the tower, where the gates be shut at fiue of the clocke in the euenynge, and tyll after syxe in the mornyng, that there was no tyme sufficient for me, and my counsayle, to peruse and examine suche wytnesses, profes, and wryttinges, as were as wel of my part, as agaynst me in this behalfe produced, and exhibited, and deliberatly to consulte thereupon togethers, especially this cause beynge a verye vrgent, weyghtie, and arduouse cause, concernynge the depryuacion, as it is intended, of a byshoppe, of many yeares continuance therein, from his bishoprike: and that I being of longe time kept in close prison was so pestred the sayd xiii. day being yesterday, with þe populous audiēce that I repairthis day with the greate trauaile of my body, and make my personal appearance agayn to the said place of iudgement, and that the said iniuries, and griefes aforesayde, and other the premisses, vnder manner and forme aboue specified, done and made, were and be true, publique, notorious, manifest, and famous: whereupon I the sayde bishop, feeling and perceiuing to be greued of and vpon the premisses, and of such other thinges as of the acts, facts, doings, and procedings of the said commissioners may be duely collected, do from them, and from euerye of them appeale in thys writing, to the kinges maiestye aforesayd, and aske Apostles, first, secondarily, and thirdly, instantly, more instantlye, and moste instantly, to be geuen and deliuered to me, withe the effecte, and of the nullity of the premisses do libell principally, and querel: and I protest that there be not. x. dayes since griefes of appeale haue ben done vnto me, & that these griefs be dayly continued: and I protest to ad, correct, reforme, diminishe this my appellation and to subtract from it, and to redact & conceiue the same in a better, & more competent forme, according to the counsayle of such, as be expert and haue knowelege of the lawe, & to intimate the same, to al & singuler persons that hath or may haue any interest in this behalfe for time and place cōueniēt as the maner and stile of the law requireth.

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AFter this vpō debate, and discussion of the principall matter had, made, and vsed on both sides, my lords grace of Caunterbury, with consent of all the reste of the sayd iudges his colleages there personally, and iudicially sitting, gaue and red openly, a final sentēce conceyued in writing against the said bishop of Winchester, wherby, emonges other, he iudged and determined the sayd bishop of Wintō to be depriued and remoued from the bishopricke of Winchester and from all the right, autority, emolumēts, commodities, and other appurtenāces to the said bishoprike in any wise belōging, what soeuer they be, and him did depriue, and remoue from the same, pronouncing and declaring the said bishoprik of winton, to all effects and purposes to be voyde, according as in the same sentence is more fully conteined, the copy whereof here insueth.

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¶ The copy of the sentence diffinitiue against Steuen Gardiner bishop of Winchester.

IN the name of god amen. By autority of a commission by the high and mighty prince our moste gracious soueraigne lord Edward the vi. by the grace of god king of England, Fraunce, and Ireland, defendor of the faith, and of the church of Englāde and also of Irelande, in erth the supreme hed, the tenor whereof hereafter ensueth. Edward the sixt. &c. We Thomas by the sufferaunce of god Archbishop of Canterbury, primate of all Englande and Metropolitane with the right reuerend fathers in god Nicolas bishop of London, Thomas bishop of Ely, and Henry byshop of Lincolne, Sir William Peter knight one of our said soueraigne lordes two principal secretaryes, sir Iames Hales knight one of our said soueraigne lordes iustices of his common plees, Griffith Leison and Iohn Oliuer doctors of the Ciuil law, Richard Goodrick and Ihō Gosnold esquiers, delegats & iudges assigned & appointed rightfuly & laufully proceding according to the form & tenor of the said commissiō, for the hearing, examinatiō debating and finall determination of the causes and matters in the sayd cōmission mentioned and conteyned, and vpon the contentes of the same, and certeine articles obiected of office against you Steuen bishop of Winch. as more playnly and fully is mencioned and declared in the said commission and articles: al whiche we repute and take here for to be expressed.

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And after sondrie iudicial assemblies, examinatiōs and debatinges of the sayd causes, and matters, with al incidentes, emergentes, and circumstances to the same or any of them belonging, and the same also being by vs ofte heard, seen, and well vnderstanded, and with good and mature examination and deliberatiō debated, cōsidered and fully wayed and pondred, obseruing all suche order and other thinges as by the lawes, equitie and the sayde

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commission
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