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1448 [1448]

K. Henry. 8. The vj. Articles qualified. The Canon lawe examined.

force the poore sheepe of Christ with perill of their consciences vnto such periurie, and that in suche causes, where no truth is sought, but innocencie oppressed, true religion persecuted, and onely their spite and wrath against Gods worde wreaked.

During 

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This account of the executions of Germain Gardiner and John Lark originally appeared in Rerum, p. 144.

the time of these sixe Articles aforesayde, which brought manye good men vnto death: yet so it happened by an other contrarie Acte set forth before, for the kinges supremacie, (as ye haue heard) that the contrary sect also of the Papistes was not all in quiet. For besides the death of More, and the bishop of Rochester, and the other charterhouse Moonkes, Friers & Priestes aboue specified, about this yeare 
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I.e., 1544.

were also condemned and executed by the same law, MarginaliaLarke, Priest of Chelsey, Germine Gardiner, traytours agaynst the kinges supremacie.two other, of whom one was a Priest of Chelsey, named Larke, which was put to death at London for defending the bishop of Romes supremacie, aboue the kinges authoritie. The other was Germine Gardiner (nere kinsman 
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Germain Gardiner was Stephen Gardiner’s nephew and his secretary.

to Steu. Gardiner, and yet more nere to his secrete counsell, as it is supposed) who likewise in practising for the Pope, against the kinges iurisdicton, was taken with the maner, and so brought vnto the gybbet. 
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John Lark had been granted his benefice at Chelsea by Sir Thomas More. John Heywood, who was condemned along with Gardiner and Lark (he recanted on the way to the scaffold and was reprieved) was More’s brother-in-law. Although Foxe is unclear about this, the men were executed for alledgedly conspiring with Reginold Pole. In reality, their executions were part of the factional struggles at Court in 1543-44.

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Vpon the detection of this Garmine Gardiner beyng Secretarie to Gardiner Byshop of Winchester his kynsman, it semed to some, and so was also insinuated vnto the kyng, not to bee vnlyke, but that the sayd Germine neither would nor durst euer attempte any such matter of Popery, MarginaliaSuspicion agaynst Steuen Gardiner.without some settyng on, or cōsent of the Byshop, hee beyng so nere vnto hym and to all hys secretes, as hee was. Whereby the kyng began somewhat more to smell and misdoubt the doynges of the Byshop: but yet he so couertly and clerely conueyed hys matters, playing vnder the borde, after hys wonted fetches, in such sort, as (I can not tel how) stil he kept in with the kyng, to the great inquietation of the publicke state of the realme, and especially of Christes Churche.

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In declaring 

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Foxe must have taken the information on theses different laws from the statute books.

the dreadfull law before set forth of the sixe Articles, which was an. 1540. ye heard what penaltie was appointed for the breach of the same, in like case as in treason and felony, so that no remedy of any recātation would serue. MarginaliaStat. an. 35. Reg. Hen. 8.This seueritie was a litle mitigated by an other Parliament, holdē afterward an. 1544 by the which Parlament it was decreed, MarginaliaThe rigour of the vj. Articles a litle asswaged.that such offenders which were conuict in the said Articles, for the first time shoulde bee admitted to recant and renounce their opinions. And if þe partie refused to recant in such forme as should be layd vnto him by his Ordinary, or after his recantation, if he eftsoones offended again, then for þe second time he should be admitted to abiure & beare a fagot. Which if he denyed to do, or els being abiured, if he the third time offended, then he to sustaine punishment according to the lawe. &c. Although the straightnes and rigour of the former act was thus somwhat tempered, as ye see, and reformed by this present Parlament: yet notwithstanding the venome and poyson of the errours and mischiefe of those Articles remained styll behinde not remoued, but rather confirmed by this Parlament aforesayd. By the which Parlamēt moreouer many thinges were prouided for the aduauncement of Popery, vnder the colour of religion: So that all maner of bookes of the old and newe Testament, bearing the name of W. Tindall, or any other hauing Prologues, or cōtaining any matters, annotations, preambles, words or sentences, cōtrary to þe vj. Articles, were debarred. In like maner all songes, plaies, and Interludes, with al other bookes in English contayning matter of religion, tending any way against the sayd Articles, were also abolished.

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In þe which Parlamēt furthermore it was prouided, þt the text of þe new Testamēt of the Bible, being prohibited, to all womē, Artificers, Prentises, iourneymen, seruingmen, yomen, husbandmen, and labourers, yet was permitted notwithstanding to noble men & gentlemen, and gentlewomen, to reade and peruse to their edefying, so that they did it quietly, without arguyng, discussing, or expounding vpon the scripture.

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MarginaliaQualification of the Acte of the vj. Articles.Ouer and besides, wheres before the offender or defendant might not be suffered to bring in any wytnesses to purge and trie him selfe: in this Parlament it was permitted to the partie detect, or complayned on, to trie hys cause by witnesses, as many, or moe in number, as the other which deposed against him. &c.

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¶ Other qualifications of the Acte of the vj. Articles.

AFter this Parlament moreouer folowed an other Parlament, an. 1545. wherein other qualifications more speciall of the vj. articles were prouided: That, where as before the cruell Statute of the vj. articles was so straite, that if any of the kynges subiectes had bene complained of, by any maner of person, as well beyng his enemie as otherwise, hee should be indicted presently vpon the same, without any further examinatiō or knowledge giuē to the partie so accused, and so therupon to bee attached, committed, and in fine to be condemned: it was therefore by this Parlament prouided, that all such presentementes and inditementes should not bee brought before the Commissioners, otherwise then by the othes of xij. men or moe of honestie and credite, without corruption or malice accordyngly.

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Item, that no such inditementes or presentements should bee taken but within one yeare of the offences committed, either els the sayd inditementes to stande voyde in law.

Item, that no person accused vpon any such offence agaynst the vj. Articles, should be attached, or cōmitted to warde, before he were therof indited, vnles by special warant from the kyng. &c.

Item, by the authoritie of the sayd Parlament in was considered and enacted, that if any preacher or reader, for any worde spoken, supposed to be against the vj. Articles, shoulde bee accused, not within the space of xl. dayes of the said his readyng or preachyng, then the partie accused to be acquyted.

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Item, that the Iustices or inquyrers of such presentmentes should haue full power to alter and reforme all Panels of Inquirie, returned before them, in lyke maner as the Iustices of peace may do in their Sessions, vpon any other Inquiries.

Item, that the partie so accused or indited, vpon his triall, may haue all maner of chalenges (peremptory onely excepted) as other persons araigned for felonie may haue, by the lawes of this realme.

By these qualifications and moderations of the vj. Articles, MarginaliaStat. an. 1545 R. Henr. 8.it may appeare that the kyng began somwhat to grow out of fauour with Steuen Gardiner, and to discredit his doynges, whereby hee was the more foreward, to incline somewhat in furtheryng the desolate cause of Religion, as may appeare both by these premisses, and also by other prouisions and determinations of the foresayd Parlament. an. 1545. wherein it was decreed by Acte of Parlament, MarginaliaA Statute for examination of the Canon lawe.that the kyng should haue full power and authoritie to appoynte xxxij. persons, to wytte, xvj. of the Clergye, and xvj. of the temporaltie, to peruse, ouersee, and examine the Canons, constitutions, and ordinaunces of the Canon lawe, as well Prouinciall as Synodall, and so, accordyng to their discretions, to set and establishe an order of Ecclesiasticall lawes, such as should be thought by the kyng and them conuenient to bee receaued and vsed within this Realme. Whiche Statute as it is most nedefull for the gouernement of the Churche of England: so would God it had bene brought to perfection.

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In thys
TTT.iiij.
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