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1207 [1207]

Edw. Freeses wife & childe, Valentine Freese & his wife, Roy, Baynhã, Martyrs.

this he was brought to London, and so to Fulham to the Byshops house, where he was cruelly imprisoned, with certaine others of Essex, MarginaliaIhonson and his wife. Wylye, his wife, and his sonne. Father Bate.that is to wyt, one Iohnson & his wife, Wylye, his wife & his sonne, and father Bate of Rowshedge. They were fed with fine mãchet 

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

made of sawe dust, or at the least, a greate part therof, and were so straitlye kept, that theyr wyues and their frendes could not come at them. After the Painter had bene there a long space, by much sute he was remoued to Lollardes tower. Hys wife in the tyme of her sute, whyles he was yet at Fulham, being desirous to see her husband, and preasing to come in at þe gate, beyng then bigge with childe, MarginaliaA cruell fact of the Bishops porter.the porter lift vp his foote & stroke her on the belly, that at length she dyed of the same, but the child was destroyed immediatlye. After that, they were all stocked for a long time, & then they were let lose in theyr prisons agayne. Some had horse lockes on theyr legges, & some had other yrons. This Painter would euer be writing on the walles with chauke or a coale, and in one place hee wrote D. Dodipall woulde make me beleue that the moone were made of greene cheese. And because he would be wryting manye thinges, he was manycled by þe wrestes, so long tyll the flesh of his armes was growne higher thē his irons. By þe meanes of his manicles he could not kēme his head, and hee remayned so long manicled that his heare was felded to gether. 
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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).

After the death of his wife, his brother sued to the kyng for hym, and after long sute, he was brought out in the Consistorye at Paules, & as hys brother dyd report, MarginaliaCrueltie shewed to the paynter.they kept him three dayes without meat, before he came to hys aunswere. Then, what by the long imprysonment and muche euill handlyng, and for lacke of sustenaunce, the man was in that case, that hee coulde saye nothynge, but loke and gase vpon the people lyke a wylde man, and if they asked hym anye question, he coulde saye nothyng, but my Lord is a good man. And thus, when they had spylte hys bodye, and destroyed hys wyttes, they sent hym backe agayne to Bearsie Abbey, but he came awaye agayne from thence, and woulde not tary amongest them: albeit he neuer came to hys perfect mynd, to hys dying day.

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MarginaliaValentine and hys wife, burned in Yorke.His brother, of whom I before spake, whose name was Valentine Freese & his wyfe, 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 hee was at Fulham, made many supplications to þe kyng, without redresse, and at the last she deliuered one to his owne handes, and he read it hym selfe, whereupon she was appoynted to go into Chauncery Lane, to one whose name (as is thought) was M. Selyard, and at the last, she gote a letter of the same Selyarde to the Bishop, 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 cõtent of her letter, & not suffer her to deliuer it to the bishop, & as they thought, so they found in deede, for it was after this maner.

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MarginaliaA crafty letter of a wicked officer.After commendations had. &c. Looke what you can gather agaynst father Bate, send me worde by your trustie frend Syr William Saxie, that I may certifie the kynges Maiestie. &c. Thus the poore woman, when she thought her sute had ben done, was in lesse hope of her husbandes lyfe then before. But within short space after, it pleased God to deliuer hym: 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 doo vnderstand by diuers notes of old Registres 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 hys examination, or Articles, or order of his death was, we can haue no vnderstandyng. But what his doctrine was, it may bee easely iudged by the testimonies, whiche he left here in England.

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In the begynnyng of this yeare whiche we are now about, throughe the complaint of the Clergy made to the kyng, the translation of the new Testament with a great number of other bookes, were forbidden. For þe Bishops cõmyng into the starre chãber the xxv. day of May, and communyng 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 truelye translated, & moreouer that in them were prologues and prefaces, that smelled of heresie, and rayled against the Byshops, wherfore al such bookes were prohibited, MarginaliaThe byshops commaunded by the king to set forth a a new trãslation of the new testamentand 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 bee ignoraunt in in the law of God. Notwithstandyng this commaūdement, the Byshops did nothyng at all, to the settyng forth of any new translation, whiche caused the people much to studye Tyndals translation, by reason wherof many things 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 newe Testamentes of Tyndalles translation, and many other bookes whiche hee 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. Baynham a Knyght of Glocestershyre 
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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 his parentes, in the studyes of good letters, had knowledge both of the Latine & the Greeke tongue. After that, he gaue hym self to the studye of the lawe, beyng a man of vertuous disposition, and godly conuersatiõ, mightely addicted to prayer, an earnest reader of the scriptures, a great mainteiner of the godly, a visitour of the prisoners, liberall to schollers, very mercifull to his clientes, vsing equitie and iustice to the poore, very diligent in geuyng counsell to all the nedy, 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 wife 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 whiche he was the more suspected, & at last was accused to Syr Tho. More Chaūcellour of Englãd, & arrested with a Sergant at Armes, & caryed out of midle Temple, to the Chauncellours house at Chelsey, where he cõtinued in free prison a while, till þe tyme that Syr Tho. More saw he could not preuaile in peruertyng of him to his secte. Then he cast hym in prison in his owne house, & whipped him at the tree in his garden, called þe tree of troth, & after sent hym to the Tower to be racked, & so he was, syr Tho. More being present him self, till in a maner he had lamed hym, because he would not accuse the Gētlemē of þe Temple of hys acquayntaunce, nor would not shewe where hys bookes lay: and because his wife denyed them to be at his house, she was sent to the Flete, and theyr goodes confiscate.

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After they had thus practised agaynst hym what they could, by tortures and tormentes, then was hee 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 ensuyng.

MarginaliaInterrogatories 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.

Whereunto he made aunswere as foloweth: If we walke in light euen as hee is in light, we haue societie together with 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 faithfull and iust, and will forgiue vs our sinnes, and will purge vs from al our iniquities.

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Marginalia2.Secondly whether the Saintes hence departed, are to be honored and prayed vnto, to pray for vs.

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