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1215 [1214]

K. Henry. 8. Persecution in Windsore. Testwood, Filmer, Person, Marbecke, Bennet.
MarginaliaFilmer cast away by hys owne brother.

cusement should take place, he sayd: Ah brother, what cause hast thou to shew me this vnkyndnes? I haue alwayes ben a natural brother vnto thee and thyne, and helped you all, to my power, from tyme to tyme, as thou thy selfe knowest: & is this a brotherly part, thus to reward me now for my kindnes? God forgeue it thee my brother, & geue þe grace to repēt. Then Filmer lookyng ouer his shoulder, desired some good body to let him see the booke of Statutes. His wife beyng at the end of the Hall, and hearyng her husband call for the booke of Statutes, ranne down to the Keeper and brought vp the booke and gat in conueiyed to her husband.

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MarginaliaThe Byshops condemne men not onely without all lawe, but also stoppe the lawe that it should not be knowen. The Byshop seyng the booke in his hand, starte him vp from the bench in a great fume, demaundyng who had geuē the prisoner that booke, commaundyng it to be taken from him, and to make search who had brought it, swearyng by the fayth of his body he should go to prison. Some sayd it was his wife, some say the keper. Like enough (my Lord) quoth Symōs, for he is one of the same sort, and as worthy to be here as the best if he were rightly serued. But how soeuer it was, the truth would not be knowen, and so the Byshop sat him downe agayne.

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Then sayd Filmer: O my Lord, I am this day Iudged by a law, & why should not I see the law that I am Iudged by? MarginaliaFilmer condemned by one witnes agaynst the lawe: and how do the Byshops then say that they did nothing but by a lawe? The law is, I should haue two lawfull witnesses and here is but one, whiche would not do as hee doth, but that hee is forced thereunto by the suggestion of myne enemies. Nay, quoth Bucklayer the kynges Atturney, thyne heresie is so heynous and abhorreth thine owne brother so much, that it forceth him to witnesse agaynst thee, which is more then two other witnesses.

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Thus (as ye see) was Filmer brought vniustly to his death, by the malice of Symōs and Doct. London, who had enticed that wretched catiffe his brother, to be their minister to worke his confusion. MarginaliaExample of Gods iust punishment vpon a popishe accuser accusing his owne brother. But God which is a iust reuēger of all falsehode and wronges, would not suffer that wretch long to lyue vpō earth, but the next yeare folowyng, he beyng taken vp for a labourer to go to Bullayne, had not bene there three dayes ere that (in exoneratyng of nature) a Gonne tooke him and tore him all to peeces: And so was these wordes of Salomon fulfilled: A false witnesse shall not remaine vnpunished. 

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Proverbs 19: 5.

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¶ Iohn Marbecke.

MarginaliaThe inditement of Marbecke. THen was Marbecke called, and hys Inditement read, whiche was that he should say: That the holy Masse, when the Priest doth consecrate the body of our Lord, is poluted, deformed, sinneful, and open robbery of the glory of God, from the whiche a Christian hart ought both to abhorre and flee 

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The argument below closely follows one of Calvin's arguments in De fugiendis impiorum illicitis sacris (1537), which suggest that this was the work of Calvin's that Marbeck transcribed.

. And the eleuation of the Sacrament is the similitude of the setting vp of Images of the Calues in the temple buylded by Ieroboam: and that it is more abhomination then the Sacrifices done by the Iewes in Ieroboams Temple to those Calues. And that certaine and sure it is that Christ himselfe is made in the Masse, mens laughyng stocke.

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MarginaliaMarbecke aunswereth to his inditement. To this hee aunswered and sayd, that these wordes wherof they had indited him, were not his, but the wordes of a learned man called Iohn Caluine, and drawne out of a certaine Epistle which the sayd Caluine had made, whiche Epistle hee had but onely written out, and that long before the vj. Articles came forth: so that now he was discharged of that offence by the kynges generall pardon, desiryng that he might enioy the benefite therof.

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MarginaliaPartiall dealing in calling the Iurye. Then was the Iury called, whiche were all Farmers belongyng to the Colledge of Wyndsore, whereof few or none had euer sene those men before, vppon whose lyfe and death they went. Wherfore the prisoners (countyng the Farmers as partiall) desired to haue the Townes men, or such as dyd know them, and had sene their dayly conuersations, in the place of the Farmers, or els to be equally ioyned with them: but that would not be, for the matter was otherwise foresene and determined.

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MarginaliaBucklayer the kinges atturney a persecuter. Now when the Iury had takē their oth and all, Bucklayer the kynges Atturney began to speake: and first he alledged many reasons against Anthony Persō, to proue him an hereticke. Which when Anthony would haue disproued, the Byshop sayd: let hym alone, Syr, he speaketh for the K. and so went Bucklayer forth with his matter, makyng euery mās cause as haynous to the hearers, as he could deuise. MarginaliaSyr Humfrey Foster speaketh for Marbecke. And when he had done and sayd what he would, then Syr Humfrey Foster spake to the Quest in the fauour of Marbecke on this wise: Maisters quoth he, ye see there is no man here that accuseth or layeth any thyng to the charge of this poore man Marbecke, sauyng he hath written certaine thynges of other mens sayinges with his owne hand, wherof he is discharged by the kynges generall pardon 

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Henry VIII pardoned all of those who were arrested for offences against the Act of Six Articles before it was passed in July 1540. Marbeck is claiming that he wrote the documents in question before July 1540 and is thus covered by the pardon.

: therfore ye ought to haue a conscience therin. MarginaliaFachell a persecuter. Then start vp Fachell at the lower end of the Benche, and sayd: what can we tell whether they were writtē before the pardō, or after? They may as well be written since as afore, for any thing that we know. These wordes of Fachell (as euery man sayd) were the cause of Marbeckes casting that day.

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MarginaliaMarbecke cast by the Iurye. Then went the Iury vp to a Chamber ouer þe place where the Iudges sat, and in the meane tyme, MarginaliaThe knightes & gentlemen refuse to be at their condemnation. went all the Knightes and gentlemen abroad, sauyng the Byshop, Syr William Essex, and Fachell, which three sat still vpon the Bench tyll all was done. And when the Iury had bene togethers aboue in the Chamber, about the space of a quarter of an houre, vp goeth Symōs (of his own braine) vnto them, and taryed there a prety while, and came downe agayne. After that, came one of the Iury downe to the byshop, and talked wyth hym and the other twayne a good while, whereby many coniectured, that the Iury coulde not agree of Marbecke. But whether it was so or no, it was not long after hys going vp againe, ere that they came downe to geue their verdite. And being required according to the forme of the law to say their mynds: MarginaliaHyde a Farmer of [illegible text] Colledge, a persecuter. one called Hyde dwelling beside Abyngton, in a lordshippe belonging to the Colledge of Wyndesore, speaking in the mouth of the rest, sayd they were all giltie.

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Then the Iudges beholding the prisoners a good while (some with watery eyes) made curtesie who should geue iudgement. Fachell requiring the byshop to doe it, he sayde he might not: the other also being required, said they would not. Then sayd Fachell, it must be done: one must do it, and if no man will, then wil I. MarginaliaFachell geueth iudgment against them. And so Fachell being lowest of all the Benche 

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Thomas Vachell was the youngest, and least senior, of the justices trying the case.

, gaue iudgement. Then Marbecke being the last vpon whom sentence was geuen, cryed to the Byshop, saying: Ah my Lord, you told me otherwise whē I was before you and the other two Byshops. You sayde then, that I was in better case then any of my felowes, and is your saying come to this? Ah my Lord you haue deceaued me. Then the Byshop castyng vp his hand, sayde he could not do withall.

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MarginaliaPerson, Testwood, Filmer and Marbecke, condemned for heretickes. Now the prisoners being condempned and had away, prepared themselues to die on the morow, comforting one an other in the death and passion of their maister Christ who had led the way before them, trusting that the same Lord which had made them worthy to suffer so farre for his sake, would not now withdraw his strength from them, but geue them stedfast fayth & power to ouercome those firie tormentes, and of his free mercy and goodnes (without their desertes) for his promise sake, receiue their soules. MarginaliaThe godly prayers of the condemned Martyrs, almost all the night. Thus lay they all the nighe long (till very dead sleepe tooke them) calling to God for his ayde and strength, and praying for their persecuters, which of blinde zeale and ignoraunce had done they wist not what, that God of his mercifull goodnes would forgeue them, and turne their hartes to the loue and knowledge of his blessed and holy worde: Yea such heauenly talke was among them that night, that the hearers watching the prisō without, wherof the Shiriffe hymselfe was one, with diuers gentlemen moe, were constrayned to shed out plenty of teares, as they themselues confessed.

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On the next morow, which was Friday, as the prisoners were all preparing themselues to go to suffer, worde was brought them that they should not dye that day. The cause was this. MarginaliaA letter sent by certayne of the Cōmissioners to Gardiner for Marbecke. The Byshop of Sarum and they among them had sent a letter by one of the Shriffes gentlemen called Maister Frost, to the Byshop of Winchester (the Court being then at Okyng) in the fauour of Marbecke. At the sight of whiche letter, MarginaliaMarbeckes pardon obteyned. the Byshop straight way went to the kyng and obteyned hys pardon.

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Which beyng graunted, he caused a warrant to be made out of hand for the Shriffes discharge, deliueryng the same to the messenger, who wyth speede returned wyth great ioye (for the loue he bare to the partie) bryngyng good newes to the towne, of Marbeckes pardon: whereat many reioysed. Of thys pardon were diuers coniectures made. Some sayde it was by the sute of the good Shriffe Syr William Baryngton, and Syr Humfray Foster (wyth other Gentlemen moe that fauoured Marbecke) to the Byshop of Sarum and the other Commissioners, that the letter was sent.

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MarginaliaDiuers iudgementes why Marbecke was pardoned. Some sayd agayne, that it came of the Byshop of Sarum and Fachels first motion, being pricked in conscience for that they had so slēderly cast him away. Other thought againe, that it was a policie purposed afore, by the Byshop of Winchester, of Sarum, and of D. London, because they would seeme to be mercifull. Which coniecture rose vpon thys occasion. There was one Sadocke dwelling in the towne which was great with D. London and Symons: and he should say iiij. dayes before the sessions began, that the prisoners should be all cast and condemned, but Marbecke should haue his pardon.

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