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1051 [1050]

K. Henry. 8. The diuorcement of Queene Catherine.

misprison, 

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Misprision of treason is an offence which is committed by someone who knows that a treason offence is going to happen but who fails to report this to the authorities while an attainder is an act of parliament which declares a person guilty of a crime without the need of trial. Fisher was sent to the Tower on 26 April 1534.

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were condemned to prison, and forfaited their goods & possessions to the king. Ex Statut. an. 25. Reg. Hen. 8.

MarginaliaA maruelous iudgement of god against Pauier an open enemie to his worde. Edward Hall, 

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Barton and the executions are mentioned in the 1550 edition of Hall's Chronicle at fols.218v and 223v.

a writer of our English Stories, makyng mention of this Elizabeth Barton aforesayd, adioyneth next in his booke, the narration of one Pauier or Pauie, a notorious enemye (no doubt) to Gods truth. Thys Pauier 
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For William Pavier, see Edward Hall, The Union of the Two Noble and Illustre Families of Lancastre & York, 2 vols., ed. by H Ellis (London, 1809), ii, p.806; Susan Brigden, London and the Reformation (Oxford, 1989), pp.218-9.

beyng the towne Clerke of the Citie of London, was a man (sayth he) that in no case coulde abide to heare that the Gospell shoulde be in Englishe: In so much that the sayd Halle hym selfe heard hym once say vnto hym, and to other by, swearyng a great othe: that if he thought the kynges highnes would set forth the Scripture in Englishe and let it be read of the people by his authoritie, rather thē he would so long liue, he would cut his owne throat, but he brake promise (sayth Halle) for he dyd not cut hys throate wyth any knyfe, but with an halter dyd hang himselfe. Of what mynde and intent, he so dyd, God iudge.

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MarginaliaPauier a bitter enemy against Rich. Bainham. My information farther addeth this, touchyng the sayd Pauier or Pauie that hee was a bitter enemie, very busie at the burnyng of Rich. Baynham aboue mentioned. Who hearyng the sayd Bainham at the stake speaking agaynst Purgatory and transubstantiation: set fire (sayd hee) to this hereticke and burne hym. And as the trayne of gunne pouder came toward the Martyr, hee lifted vp hys eyes and hands to heauen, saying to Pauier: God forgiue thee, and shew thee more mercy thē thou doest to me. The Lord forgiue Syr Thomas More, and pray for me all good people: and so continued he praying, till the fire tooke hys bowels and hys head. &c.

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After whose Martyrdome, the next yeare folowyng, this Pauier the towne Clerke of the Citie, went and bought ropes. Whiche done, he went vp to an hygh garret in hys house to pray, as he was wont to doe, to a roode which hee had there, before whome he bitterly wept: And as his owne mayde comming vp founde hym so doyng, hee bad her take the rustye sword, and go make it cleane, and trouble hym no more, MarginaliaPauier a persecutor hāged himselfe. and immediatly he tyed vp the rope, and hong him selfe. The maydes hart still robbed, and so came vp, and found hym but newly hanged. Then shee hauing no power to helpe him, ranne crying to the Churche to her mistres to fetche her home. His seruauntes and Clerkes hee had sent out before to Finisbery, and to M. Edney Sergeaunt to the Lord Maior 

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The mayor of London was Sir Christopher Ascue.

, dwellyng ouer Byshops gate, to tary for him at Finisbery Court, till he came: but he had dispatched hymselfe before, so that they might long looke for him before he coulde come. Which was an. 1533.

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To this story of Pauier, may also be added the lyke terrible example of Doct. Foxeford Chauncellour to the Byshop of London, a cruell persecutor and a common butcher of the good Saintes of God: who was the condemner of al those aforenamed, which were put to death, troubled, or abiured vnder B. Stokesley through al the dioces of London MarginaliaThe terrible hand of Gods iudgement vpon Foxford the Bishops Chauncellour. Thys Foxford dyed 

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Foxford died suddenly if perhaps not so dramatically.

about thys present yeare and tyme: of whose terrible ende it was then certainly reported and affirmed by such as were of right good credite, vnto certayn persons, of whom some be yet alyue, that hee dyed sodenly sittyng in his chayre, his belley beyng brust, and his gutts fallyng out before him.

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MarginaliaThe death of W. Warham Archb. of Cant. About the same tyme dyed also W. Warrham Archbyshop of Canterbury: 

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The archbishop died on 22 August 1532.

MarginaliaTho. Cranmer Archb. of Cant. in whose roume succeded Tho. Cranmer, which was the kynges Chapleine, and a great disputer agaynst the vnlawfull Mariage of Ladye Catherine Princesse Dowager beyng then so called by Acte of Parlament.

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Ye heard before, 

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The Act of Appeals (24 Henry VIII, c.12).

how the Parlament had enacted, that no person after a certeine day, should appeale to Rome for any cause. MarginaliaQueene Catherine appealeth to Rome. Notwithstandyng whiche Acte, þe Queene, now called Princesse Dowager, had appeared to the Court of Rome, before that Acte made: so that it was doubted, whether that appeale were good or not. This question was well handeled in the Parliament house, but much better in the Conuocation house, and yet in both houses it was alleaged, yea, and by bookes shewed, MarginaliaConcluded by coūcels of the primitiue church, that none should appeale out of their prouince. that in the Counces of Calcedone 
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The council of Chalcedon (451) produced the condemnation of monophysitism and affirmed the two distinct natures of Christ.

, Affrike 
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Foxe may be here referring to one of many national or plenary Episcopal synods (e.g. Hippo in 393 or Carthage in 407) representing the church in North Africa.

, Toletane 
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Foxe may be here referring to a synod held at Tolentino.

, and diuerse other famous Councells in the primitiue Church, yea, in þe tyme of sainct Augustine it was affirmed, declared, and determined that a cause rising in one prouince, should be determined in þe same, & that neither þe Patriark of Cōstātinople should medle in causes moued in the iurisdictiō of þe Patriarke of Antioche, nor no byshop should entermedle wtin an others prouince or countrey. Which thinges were so clerckely opened, and so cōningly set forth to all intentes, that euery man that hadde witte, and was determined to folowe the truth, and not wilfully wedded to hys owne mynd, might playnly see that all appeales made to Rome, were clerely voyde and of none effect. Which doctrines and counsayles, were shewed to the lady Katherin Princesse Dowager, but she (as womē loue to lose no dignitie) euer continued in her old song, trustyng more to the Popes partialitie, then to the determination of Christes veritie.

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Whereupon the Archebyshop of Caunterbury Cranmer aboue named, accompanied with the Byshops of London, Winchester, Bathe, Lincolne, & diuerse other great clerkes in a great number, roade to Dunstable, whiche is six mile from Ampthyl, 

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Catherine's household was established at Ampthill. It was here, on 3 July 1533, she was informed of her official title change from queen to princess dowager.

where the Princesse Dowager lay: & there by a doctor called Doctor Lee, 
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Archbishop Edward Lee met with Catherine at Ampthill, c.21 May 1533, on the verge of the conclusion of the marriage tribunal at Dunstable.

shee was ascited to appeare before the sayd Archebyshop, in cause of matrimonie, in þe sayd towne of Dunstable: 
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The priory at Dunstable was selected due to its remoteness from London, because it was unlikely to be disturbed, and because it was close to Ampthill. Late in April 1533, Cranmer cited Catherine and Henry to appear before this new tribunal [see, L&P, vi, 737 (no.7)] and, on her behalf, ambassador Chapuys sent a letter of protest to the king [see, L&P, vi, 391, 465]. The tribunal opened on 10 May and, because she had not appeared, Catherine was declared 'contumacious' [see, L&P, vi, 470] which, in a legal sense, not only means she refused to abide by the order but also means stubbornly disobedient, wilfully obstinate or even rebellious. Final sentence was rendered on 23 May 1533 [for a discussion, see Andrew A Chibi, Henry VIII's Conservative Scholar (Bern, 1997), pp.82-4].

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and at the day of appearaunce, she would not appere, but made defaut, and so was called peremptorilye, euery day. xv. daies together, and MarginaliaLady Catherine solemnly diuorced frō the king. at the last, for lacke of appearaunce, and for contumacie, by the assent of all the learned men there beyng present, shee was diuorced from the kyng, and their Mariage declared to bee voyde & of none effecte: whiche sentence geuen, the Archebyshop & all the other, returned backe agayne.

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MarginaliaA note. ¶ Where note that althoughe this diuorce folowing after the new Mariage, neded not at all to be made, the first Mariage beyng no Mariage at all before God, yet to satisfie þe voyce of the people, more then for any necessitie, the kyng was contented throughe the persuasions of some, so to do. For els as touchyng God and conscience, what great nede was of any diuorse, where before God, no Mariage was to be accounted, but rather an incestuous & detestable adultery, as the Acte of Parlament doth terme it? But to our matter agayne.

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After the dissolution of this first mariage made betwene the kyng and the lady Princesse Dowager, she neuerthelesse bearyng a stoute mynd, would not yet relent, neyther to the determination of the Vniuersities, nor to the censure of the Clergy, nor of the whole realme: but followyng the counsaile rather of a few Spanyards, to molest the king and the realme by suite, and meanes made to the pope, MarginaliaWritinges sette vp at Dunkerke against the king. procured certaine writinges, first of monition and aggrauation, then of excommunication and interdiction to bee sent downe from Rome, 

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Foxe is here referring to the fact that Catherine's appeal was still very much alive in the courts of Rome, with which Henry VIII still had to deal (largely through his agents there, Edmund Bonner and Sir Edward Carne). The marriage tribunal in Rome proceeded c.6 July 1533 and lasted to 11 July. The final sentencing was not, however, given until 23 March 1534. [See, Henry A Kelly, The Matrimonial trials of Henry VIII (Stanford, 1976), pp.164-70].

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wherin the Pope had interdicted both the king and the whole realme. But the Popes Cursor beyng not the hardiest man (belike) that euer shewed hys head, thought it much more sure for hym to discharge hys Popish cariage without the kynges reach, and so kepyng hymself aloofe of (lyke a prety man) set vp his writinges in the towne of Dunkirke in Flaunders. In the which towne, first vpon the Northdore of the Church was set vp a monition, that the kyng of England should surcease the suite of diuorce, MarginaliaIoh. Butler of Calys tooke downe the writte at Dunkerke against the king. the which Iohn Butler clerke 
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John Butler was a Cranmer protégé, a royal chaplain, and was appointed his commissary of Calais by the archbishop by 1 April 1534. There seems, however, to be a question about the exact dating of his appointment [for which, see Diarmaid MacCulloch, Thomas Cranmer (Yale, 1996), p.113].

, then Commissary of Calice, by commaundement tooke downe in a night.

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MarginaliaK. Henry & the realme interdicted by the Pope. After that, before Whitsonweke 

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This is Pentecost, seven weeks after Easter (which in 1533 was 23 April).

there was set vp in the same place an excommunication, aggrauation, regrauation, and interdiction. For the which also the sayd Butler by cōmaundement was sent to Dunkirke to take it downe. And because the counsell of Calice would be certified of hys diligence therin, they sent a seruant of the Lord Lisley, thā deputie of Calice, whose name was Cranuel, and vpō Wensday in Whitsonweke, at vij. of the clocke in the mornyng, he tooke it down whole and brought it with hym, and deliuered the same to the Lord deputie aforesayd. Which was about the yeare. 1533.

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This beyng knowen and certified vnto the king, he was motioned by hys counsell, that such as were about her, and moued her therto, should be put from her. And therfore the Duke of Suffolke 

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Charles Brandon was sent (c.18 December) to the village of Buckden, where Catherine was lodged at the Great Hall of the palace of Bishop Grossteste since July 1533. [See, Calendar of State Papers, Spanish, iv/ii, pp.892-99; L&P, vi, 622].

was sent to Bugden beside Huntyngdon, where the sayd Lady Katherine lay, who perceiuing her stomacke to continue froward still, in answering hym wyth high wordes, and sodenly so in a fury to part from hym into her priuy chamber, and shut the dore: MarginaliaThe lady Catherines court discharged. brake vp the order of her Court, and discharged a great sort of her housholde seruauntes, and yet left her a conuenient number to serue her lyke a Princesse. They that remayned stil, were sworne to serue her as Princesse onely, and not as Queene. Of whom some sayd they were once sworne to serue her as Queene, and otherwyse woulde not serue, and so were dismissed. The other whiche were sworne to serue her as Princesse, she vtterly refused for her seruaūts, & so she remained with the fewer, liuyng after this about the space of two yeares. 
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Foxe's timing is a little off here as Catherine was moved on (although not a great distance away) to Kimbolton in May 1534.

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¶ The abolishyng the Pope out of England. 
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Royal Supremacy

Foxe's account of the monumental acts of the Reformation Parliament necessarily focused on the 'aboliyshing of the vsurped power and iurisdiction of the bishop of Rome' rather than the establishment of the royal supremacy. The marginal gloss to the 1563 edition, however, provides the key to later historians' interpretations of these events: 'The kinge proclaimed Supreme head by act of parliament'. By the 1570 edition, however, Foxe's marginal glosses subtly altered the message to meet an anticipated objection about the status of a proclamation: 'The stile of supreme head annexed to the crowne of England' adding, for good measure: 'The popes name and memory abolished'. There were other, even more substantial changes wrought by Foxe in this passage as between the 1563 edition and its successors. In 1563, he had said almost nothing about the other, more detailed but substantial measures that accompanied the famous proclamation and which had been turned into statutes by the Reformation Parliament. In 1570, Foxe was anxious to furnish much more substantive detail on the acts in restraint of appeals, payments to Rome, the forbidden degrees, etc. Wherever possible, Foxe also substantially increased the discussion of the ecclesiastical authorities which had supported these political changes, and their scriptural and other grounds for doing so. In the process, Foxe strengthened the impression in his text that these were changes which overthrew a usurpation, justified by law and scripture.

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Andrew ChibiUniversity of Leicester

MarginaliaAn. 1534. THese thinges thus finished and dispatched concernyng the mariage of Queene Anne and the diuorce of Lady Katherine Dowager, next foloweth the yeare. 1534. In þe which was assembled the hye Court 

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The fourth session of the so-called Reformation parliament assembled on the 4th February 1534. Foxe refers here to what became known as the 'first Act of Succession' (25 Henry VIII, c.22), passed in March, which included a necessary oath.

of Parlament agayne after many prorogatiōs, vpō the 3 day of February, wherin was made an Act of succession, for þe more suretie of the crowne, to the which euery person beyng of lawfull age, shoulde

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