Thematic Divisions in Book 11
1. The Martyrdom of Rogers 2. The Martyrdom of Saunders 3. Saunders' Letters 4. Hooper's Martyrdom 5. Hooper's Letters 6. Rowland Taylor's Martyrdom 7. Becket's Image and other events 8. Miles Coverdale and the Denmark Letters 9. Bonner and Reconciliation 10. Judge Hales 11. The Martyrdom of Thomas Tomkins 12. The Martyrdom of William Hunter 13. The Martyrdom of Higbed and Causton 14. The Martyrdom of Pigot, Knight and Laurence 15. Robert Farrar's Martyrdom 16. The Martyrdom of Rawlins/Rowland White17. The Restoration of Abbey Lands and other events in Spring 155518. The Providential Death of the Parson of Arundel 19. The Martyrdom of John Awcocke 20. The Martyrdom of George Marsh 21. The Letters of George Marsh 22. The Martyrdom of William Flower 23. The Martyrdom of Cardmaker and Warne 24. Letters of Warne and Cardmaker 25. The Martyrdom of Ardley and Simpson 26. John Tooly 27. The Examination of Robert Bromley [nb This is part of the Tooly affair]28. The Martyrdom of Thomas Haukes 29. Letters of Haukes 30. The Martyrdom of Thomas Watts 31. Mary's False Pregnancy32. Censorship Proclamation 33. Our Lady' Psalter 34. Martyrdom of Osmund, Bamford, Osborne and Chamberlain35. The Martyrdom of John Bradford 36. Bradford's Letters 37. William Minge 38. James Trevisam 39. The Martyrdom of John Bland 40. The Martyrdom of Frankesh, Middleton and Sheterden 41. Sheterden's Letters 42. Examinations of Hall, Wade and Polley 43. Martyrdom of Christopher Wade 44. Martyrdom of Carver and Launder 45. Martyrdom of Thomas Iveson 46. John Aleworth 47. Martyrdom of James Abbes 48. Martyrdom of Denley, Newman and Pacingham 49. Richard Hooke 50. Martyrdom of William Coker, et al 51. Martyrdom of George Tankerfield, et al 52. Martyrdom and Letters of Robert Smith 53. Martyrdom of Harwood and Fust 54. Martyrdom of William Haile 55. George King, Thomas Leyes and John Wade 56. William Andrew 57. Martyrdom of Robert Samuel 58. Samuel's Letters 59. William Allen 60. Martyrdom of Roger Coo 61. Martyrdom of Thomas Cobb 62. Martyrdom of Catmer, Streater, Burwood, Brodbridge, Tutty 63. Martyrdom of Hayward and Goreway 64. Martyrdom and Letters of Robert Glover 65. Cornelius Bungey 66. John and William Glover 67. Martyrdom of Wolsey and Pigot 68. Life and Character of Nicholas Ridley 69. Ridley's Letters 70. Life of Hugh Latimer 71. Latimer's Letters 72. Ridley and Latimer Re-examined and Executed73. More Letters of Ridley 74. Life and Death of Stephen Gardiner 75. Martyrdom of Webb, Roper and Park 76. William Wiseman 77. James Gore 78. Examinations and Martyrdom of John Philpot 79. Philpot's Letters 80. Martyrdom of Thomas Whittle, Barlett Green, et al 81. Letters of Thomas Wittle 82. Life of Bartlett Green 83. Letters of Bartlett Green 84. Thomas Browne 85. John Tudson 86. John Went 87. Isobel Foster 88. Joan Lashford 89. Five Canterbury Martyrs 90. Life and Martyrdom of Cranmer 91. Letters of Cranmer 92. Martyrdom of Agnes Potten and Joan Trunchfield 93. Persecution in Salisbury Maundrell, Coberly and Spicer 94. William Tyms, et al 95. Letters of Tyms 96. The Norfolk Supplication 97. Martyrdom of John Harpole and Joan Beach 98. John Hullier 99. Hullier's Letters 100. Christopher Lister and five other martyrs 101. Hugh Lauerocke and John Apprice 102. Katherine Hut, Elizabeth Thacknell, et al 103. Thomas Drury and Thomas Croker 104. Thomas Spicer, John Deny and Edmund Poole 105. Persecution of Winson and Mendlesam 106. Gregory Crow 107. William Slech 108. Avington Read, et al 109. Wood and Miles 110. Adherall and Clement 111. A Merchant's Servant Executed at Leicester 112. Thirteen Burnt at Stratford-le-Bow113. Persecution in Lichfield 114. Hunt, Norrice, Parret 115. Martyrdom of Bernard, Lawson and Foster 116. Examinations of John Fortune117. John Careless 118. Letters of John Careless 119. Martyrdom of Julius Palmer 120. Agnes Wardall 121. Peter Moone and his wife 122. Guernsey Martyrdoms 123. Dungate, Foreman and Tree 124. Martyrdom of Thomas More125. Examination of John Jackson126. Examination of John Newman 127. Martyrdom of Joan Waste 128. Martyrdom of Edward Sharpe 129. Four Burnt at Mayfield at Sussex 130. John Horne and a woman 131. William Dangerfield 132. Northampton Shoemaker 133. Prisoners Starved at Canterbury 134. More Persecution at Lichfield
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1747 [1708]

Quene Mary. The examination of Iudge Hales before the B. of VVinchester.
MarginaliaAn. 1555. February. The lamentable history of Maister Iames Hales Iudge. 
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Judge Hales

In the Rerum, Foxe praised Sir James Hales's prudence, gravity, and excellence as a justice. He also extolled Hales's devotion to the gospel, describing the justices daily scripture readings to his household. The Rerum goes on to relate that Hales insisted on enforcing the Edwardian statutes which prohibited the celebration of mass and because of this he was summoned before Stephen Gardiner, the lord chancellor (Rerum, pp. 261-62). The Rerum then reprinted, in its entirety, a translation of a contemporary protestant pamphlet relating the interview between Hales and Gardiner (Rerum, pp. 262-63, cf. The communication betwene my lordchauncelor and judge Hales in Westminster hall. M. D. Liii. V. of October [London? 1553]). The Rerum continues by relating that Hales was imprisoned and worn downby the catholics and reduced to despair. (Foxe blamed, in some detail, a gentleman of Hampshire named Forster, Bishop Day of Chichester and Sir William Portman, Chief Justice of the King's and Queen's Bench, for putting pressure on Hales). Eventually Hales tried to kill himself with a penknife. (Foxe maintained that this demonstrated that Hales was not in his right mind). Hearing of this, Gardiner publicly denounced protestantism as a 'doctrine of desperation'. Hales was released and returned home where he drowned himself, either from remorse, insanity or to prevent his being forced to attend mass. Foxe disapproved of the suicide, but added that if Hales was out of his wits when he killed himself, then he deserved pity. Foxe also maintained that Hales was not necessarily damned. Foxe claimed that not all suicides were consigned to hell, citing the examples of virgins who killed themselves rather than lose their chastity, including some female Christians praised for this by the great church historian Eusebius (Rerum, pp. 264-65). Foxe also added a poem which he wrote himself, praising Hales (Rerum, p. 265).

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In the first edition of the Acts and Monuments, all of this material was reprinted without change, except that two lines were added to the poem, expressing the hope that Hales's soul, no matter how blemished, might be cleansed and blessed through divine mercy.

In 1566, Nicholas Harpsfield, Foxe's most important contemporary critic, attacked Foxe's account of Hales. Harpsfield criticized Foxe for praising Hales as a martyr. In particular, Harpsfield criticized Foxe for maintaining that Hales might not be damned and for comparing Hales with early Christian martyrs who killed themselves rather than be forced to surrender their chastity and worship idols (DS, pp. 748-49).

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In his second edition, Foxe responded by eliminating the discussion of Hales's background and virtues from his narrative on the judge. He replaced this with a denunciation of the illegality of the arrest of Hales and of other allegedly illegal catholic persecutions of protestants. The interview between Hales and Gardiner was reprinted without change. But the long discussion of Hales's cruel treatment in prison is replaced by a terse declaration that 'it is thought' that Day and Portman subjectedHales to pressure. (Foxe may have been under some pressure himself about his accusations of Portman and Forster; the latter is not mentioned in this edition). The description of Hales's attempted suicide is repeated, as is Gardiner's denunciation of protestantism. Foxe also repeats his claim that Hales deserved pity if he was out of his wits and his citation of suicides by early Christians. However, Foxe added a sentence to this edition refusing to excuse 'the hainous fact' of Hales's suicide. Foxe also changed the last four lines of his poem praising Hales; the new lines are more guarded about the fate of Hales's soul, praying that on the Day of Judgement, when no one will be without sin, Hales's sins will not weigh too heavily against him.

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In his second edition, Foxe was concerned to arrange events in chronological order and the account of Hales was moved accordingly. The account of Hales in the second edition of the Acts and Monuments was repeated without change in the third and fourth editions.

 

Commentary on the Glosses  *  Close
Judge Hales

Several glosses reflect the apposite theme of the injustice/illegality of the papists ('The Catholickes proued to doe agaynst the law in Q. Maryes tyme'; 'Iustice Hales for Iustice sake troubled'). The gloss 'Winchester quarelleth with M. Hales religion' perhaps reveals something about Foxe's priorities here: it takes Gardiner's point that Hales's actions were motivated not by legal rigour but by religious bias and uses it in a general attack on Hales's religion, leaving out the legal issue. This has the effect of leaving intact Hales's reputation for commitment to the law whatever the political consequences, and makes the contrast between his legality and catholic illegality all the stronger. The gloss 'Winchester might rather haue sayd how their cruell dealing worketh desperation' implicitly accepts that Hales fell prey to desperation, although the reason for the desperation is laid upon the papists. Later glosses ('The cause of Iudge Hales drowning considered'; 'The case of Iudge Hales drowning considered') reveal Foxe's non-judgemental response to the question of Hales's spiritual destination.

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MarginaliaThe history of Iudge Hales.IN the history of M. Hoper mētion was touched a litle before of Iudge Hales, wherefore something woulde bee sayd more in this place touching that matter. But because þe story of that man & of his end is sufficiently comprehended in our former boke of Actes & Monumentes, we shall not greatly neede to stand vpon rehearsall of euery particular matter touching the whole, but onely taking the chiefest and leauing the rest, we will reporte somwhat of the communication betwene the bishop of Winchester and hym: declaring withall how false and vntrue the excuse is of our aduersaries, which so precisely by the law defend them selues, and say that in all their doinges they did nothing but by the law, to beare them out. Which if it be so, how did they then to Anne Askew? What law had they, whē they had cōdemned her first for a dead woman, then afterward to racke her? MarginaliaThe Catholikes proued to do against the law in Queene Maryes tyme.By what law did they call vp M. Hooper, and pryson him for the Queenes debt, when the Queene in very truth dyd owe him foure score poundes, and kept hym a yeare and a halfe in prison, & gaue him neuer a peny. pag. 1679. By what law dyd bishop Boner condemne and burne Richard Mekins, a lad of. xv. yeares, when the first Iewry had quit hym, and at the stake reuoked all heresies, and praysed the sayd Boner to bee a good man: and also hauing him in prison, would not suffer his father and mother to come to him to comfort their own child? pag. 1376. What law had they to put M. Rogers in prison, whē he did neither preach nor read Lecture after the time of þe Queenes inhibition, & whē they had kept him in his own house halfe a yeare, being not depriued of any liuyng, yet would not let him haue a halfepeny of his own liuings to relieue him, hys wife and a. xj. children? pag. 1660. By what law was Tho. Tomkins hand burnt, and afterward his body consumed to ashes? What good law or honesty was there to burne the three poore women at Garnsey, with the Infant child falling out of the mothers wombe, when as they all before their death recanted their wordes and opinions, and were neuer abiured before? So here likewyse in this case, what order or right of lawe dyd St. Gardiner folow in troubling & imprisoning Iudge Hales, whē he had done nothing, neither against gods law nor mans law, in proceeding by order of lawe against certaine presumptuous persons, which both before the law and agaynst the lawe then in force, tooke vpon them to say their Masse? as ye shall heare in these his aunsweres and communication had with St. Gardiner here vnder ensuing.

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¶ The communication betwene the Lord Chauncelour and Iudge Hales, being there among other Iudges to take his oth in Westminster hall. Anno. 1553. 6. of October. 
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Actually Taylor was entrusted with a number of offices and assignments which necessitated his absence from Hadleigh. From at least 1552 he farmed out the rectory to two Hadleigh residents (Craig, pp. 164-65).

L. Chauncellour. I. Hales.

MarginaliaCommunication betwene Iudge Hales and the Bishop of Winchester.MAster Hales, ye shall vnderstand, that like as the Queenes highnes hath heretofore conceiued good opinion of you, especially for that ye stood both faythfully and lawfully in her cause of iust succession, refusing to set your hand to the booke among others that were against her grace in that behalfe: 

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I.e., to sign the privy council act in 1553 barring Mary from the throne.

so now, through your owne late desertes agaynst certayne her highnes doinges, ye stand not well in her graces fauour: and therefore, before ye take any oth,  
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Hales had come, at the beginning of Michaelmas term, to take his oath of office as a justice of the Common Pleas.

it shalbe necessary for you to make your purgation.

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Hales. I pray you my Lord what is the cause?

Chaun. Information is geuen, that ye haue indicted certayne Priestes in Kent, for saying Masse.

Hales. My Lord it is not so: I indicted none, but in dede certayne indictments of like matter were brought before me at the last assises there holden, and I gaue or-

der therein as the law required. For I haue professed the law, agaynst which in cases of iustice, I wyll neuer (God willing) procede, nor in any wyse dissemble, but with the same shew forth my conscience: and if it were to do agayne, I would do no lesse then I did.

Chaun. Yea Maister Hales, your conscience is knowen well inough. I know ye lacke no conscience.

Hales. My Lord, ye may do well to search your owne conscience, for myne is better knowen to my self then to you: and to be playne, I did aswell vse iustice in your sayd Masse case by my conscience as by law, wherein I am fully bent to stand in tryall to the vttermost that can be obiected. And if I haue therein done any iniury or wrong, let me be iudged by the law, for I will seeke no better defence, considering chiefly that it is my profession.

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Chaun. Why Maister Hales, although ye had the rigour of the law on your side, MarginaliaIustice Hales for Iustice sake trou- troubled. yet ye might haue had regard to the Queenes highnes present doinges in that case. And further, although ye seme to be more thē precise in the lawe: yet I thinke ye would be very loth to yeld to the extremity of such aduantage as myght be gathered agaynst your procedyngs in the law, as ye haue sometyme taken vpon you in place of iustice: and if it were well tryed, I beleue ye should not be well able to stand honestly thereto.

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Hales. My lord, I am not so perfect but I may erre for lacke of knowledge. But both in conscience and such knowledge of the law as God hath geuen me, I wyll do nothing but I wyll maintaine it, and abide in it: and if my goods, and all that I haue be not able to counterpayse the case: my body shalbe ready to serue the turne: for they be all at the Queenes highnes pleasure.

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Chaun. Ah sir, ye be very quicke and stout in your answers. But as it should seeme, that which ye did, was more of a will, MarginaliaWinchest. quareleth wyth M. Hales religion.fauouring the opinion of your religion agaynst the seruice now vsed, then for any occasion or zeale of iustice, seyng the Queenes highnes dooth set it forth as yet, wyshing all her faythfull subiectes to embrace it accordyngly: and where ye offer both body and goods in your tryall, there is no such matter required at your hands, and yet ye shall not haue your own will neither.

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Hales. My Lord, I seeke not wilfull will, but to shew my selfe as I am bound in loue to God, and obedience to the Queenes maiesty, in whose cause willingly for iustice sake, all other respectes set a part, I dyd of late (as your Lordship knoweth) aduenture as much as I had. And as for my religion, I trust it to be such as pleaseth God: wherein I am ready to aduenture aswell my lyfe as my substaunce, if I be called thereunto. And so in lacke of myne owne power and wyll, the Lords will be fulfilled.

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Chaun. Seing ye be at this poynt M. Hales, I wyll presently make an end with you. The Queenes highnes shalbe informed of your opinion and declaration. And as her grace shall thereupon determyne, ye shall haue knowledge. Vntill which tyme ye may depart as ye came without your oth: for as it appeareth, ye are scarse worthy the place appointed. 

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Gardiner was refusing to let Hales take his oath and was, in effect, suspending him from office.

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Hales. I thanke your Lordship: and as for my vocation, being both a burthen and a charge more then euer I desired to take vpon me: when so euer it shall please the Queenes highnes to ease me thereof, I shall most humbly wyth due contentation, obey the same: and so he departed from the barre.

Not many dayes after thys communication or colloquie in Westminster hall, which was October 6. an. 1553. MarginaliaM. Hales cōmitted to the Kinges Bench.M. Hales at the commaundement of the Bishop was committed to the kyngs Bench, where he remayned constant vntill Lent: then was remoued to the Counter in Breadstreete, and afterward from thence was caryed to the Fleete.

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Being in the Fleete, 

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Note the difference between the versions of Hales's imprisonment in the 1563 edition and in the subsequent editions. The detailed and lengthy account in 1563 is replaced by a terse notice. In the later editions, 'it is merely thought' that Chief Justice Portman tried to undermine Hales's resolve and there is no mention of Forster. It is quite possible that pressure was placed on Foxe to modify his account of Portman or Forster or both.

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what it was that he had graun-

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