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1225 [1224]

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

Gospel, wherof he was an extreme aduersary, began strayt wayes to be in a rage, and to sweare great and deepe othes that he woulde spare neither labour nor cost, but woulde bring the Goldsmyth to the gallowes, although it shoulde cost hym fiue hundred pound. To be short, this good Goldsmith was arraigned as accessary, and an action of Felonie brought against hym. He contrarywise alleged that they ought not to proccede agaynst hym, the principall beyng aliue. D. London on the contrary part, affirmed that the principall was hanged: which was most false, for he was one of the same College, and was alyue and but lately set at libertie. To be briefe, he beyng found gyltie, the Iudge asked hym what he coulde allege, why he should not dye? MarginaliaCalaway claimeth the priueldge of his booke. He required to haue the priuilege of his booke, according to the auncient custome and maner. But here it was obiected against hym that he was Bigamus, MarginaliaBigamus, that is, a man that hath had 2. Wiues. and therefore he might not haue his booke by the lawe, notwithstandyng that he neuer had tow wyues, but because his wife had two husbandes, it was imputed to hym for Bigamia.

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Thus this good Goldsmyth beyng secluded from all hope of lyfe, by the craftie spite of his malignant aduersaries: MarginaliaA singular example of a faythfull wyfe toward her husband. his wyfe being a woman of proued honestie and good fame, came in before the Iudges, and perceyuyng her former marriage to be hurtfull vnto her husband, to saue her husbandes life, shee tooke an othe before the Iudges, that shee was not Bigama, and that shee was neuer marryed to moe men then to the said Goldsmith: and although shee had children by her other husbande, and continued diuers yeares with hym, yet shee sware that shee was neuer maried vnto hym. MarginaliaTrue loue betwen man and Wyfe. Thus this woman by defamyng of her selfe to her great prayse, and singular example of loue 

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This clause was added to the account by Foxe.

, deliuered her innocent husband: thinkyng it better for her to lyue w"t ignominie and reproch, then for her husband to die, lesse estemyng the losse of her good name, then of his life. Ex Ed. Hallo.

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MarginaliaCase of periurye. As touchyng 

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This paragraph, drawing moral lessons from the episode, was added by Foxe.

the qualitie of this fact or periury, I intermeddle not here to discusse, but leaue it at large to the iudgement of Lawyers to define vpon. Truth it is, that periurie neither in man nor in woman is to be cōmended, neither ought to be defended. But yet the true hart and faythful loue betweene this man and his wyfe, counterpeasing agayne as much or more on the other side, the more rare and straunge I see it in many couples now adayes, the more I thinke it worthy, not only to be praysed, but also for examples sake to be notified. But in the meane tyme, what shal we say to these priestes and aduersaries, who in such sorte violently do presse and force the poore sheepe of Christ with peryl of their consciences vnto such periury, and that in such causes where no suche truth is sought, but innocencie oppressed, true religiō persecuted, and only their spite & wrath against Gods word wreaked.

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Duryng 

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

the tyme of these sixe articles aforesaid, which brought many good men vnto death: yet so it happened by an other contrary acte set foorth before, for the kynges supremacie (as ye haue heard) that the contrary sect also of the Papistes was not all in quiet. For besides the death of Moore, and the Bishop of Rochester, and the other Charterhouse Monkes, Fryers and Priestes aboue specified, about this yeare 
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I.e., 1544.

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

to Steuen Gardiner, and yet more neare to his secrete counsel, as it is supposed) who likewise in practising for the Pope, against the kinges iurisdicton, was taken with the manner, and so brought vnto the Gibbet. 
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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 Germaine Gardiner being Secretary to Gardiner bishop of Winchester his kinsman, it semed to some, and so was also insinuated vnto the king, not to be vnlike, but that the sayd Germaine neither would nor durst euer attempt any such matter of poperie, MarginaliaSuspicion agaynst Steuen Gardiner. without some settyng on, or consent of the Bishop, he beyng so neare vnto hym, & to all his secretes as he was. Whereby þe king began somewhat more to smel and misdoubt the doynges of the Bishop: but yet he so couertly and clearly conueyed hys matters, playing vnder the boord, after his wonted fetches, in such sort, as (I can not tel how) stil he kept in with the king, to the great inquietatiō of the publike state of the Realme, and especially of Christes Churche.

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In declaryng 

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

the dreadfull lawe before set foorth of the sixe articles, which was. ann. 1540. ye heard what penaltie was appoynted for the breche of the same, in like case as in treason & felony, so þt no remedy of any recantatiō would serue. MarginaliaStat. an. 35. Reg. Hen. 8. This seueritie was a litle mitigated by an other Parlament, holden afterward ann. 1544 by the whiche Parlament it was decreed, that suche offendours whiche were conuict in the sayde articles, for the first tyme shoulde MarginaliaThe rigour of the vi. [illegible text] a litle aswaged. be admitted to recant and renounce their opinions. And if the partie refused to recant in such fourme as should be laid vnto hym by his Ordinarye, or after his recantation, if he eftsoones offended agayne, thē for the second time he should be admitted to abiure, and beare a fagot. Which if he denyed to do, or els beyng abiured, if he the thyrd tyme offended, then he to susteyne punishment according to the Lawe. &c. Although þe straightnes & rigour of þe former acte was thus somewhat tempered, as ye see, and refourmed by this present Parlament: yet notwithstanding the venome and poyson of the errours and mischiefe of those articles remayned styl behynd not remoued, but rather confirmed by this parlament aforesaid. By the which Parlamēt moreouer many thinges were prouided for the aduauncement of Poperie, vnder the colour of Religion: so that al maner of bookes of the olde and new Testament, bearing the name of Williā Tindall, or any other hauyng Prologues, or conteinyng any matters, annotations, preambles, wordes or sentences, contrary to the sixe articles, were debarred. In like maner all songes, playes, and Enterludes, with al other bookes in Englishe, conteynyng matter of religion, tendyng any way against the said articles, were also abolished.

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In the which Parlament furthermore it was prouided, that the text of the new Testament of the Bible, being prohibited to all womē, artificers, prentises, iourneymē, seruyng men, yomen, husbandmen, and labourers, yet was permitted notwithstanding to Noble men and gentlemen, and gentlewomē to reade and peruse, to their edifying, so that they dyd it quietly without arguing, discussing, or expounding vpon the Scripture.

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MarginaliaQualification of the acte of the vi. Articles. Ouer and besides, wheres before the offender or defendaunt might not be suffered to bring in any witnesses to purge and trye hym selfe: In this Parlament it was permitted to the party detect, or complained on, to trie his cause by witnesses, as many, or mo in number, as the other which deposed against hym. &c.

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¶ Other qualifications of the acte of the sixe Articles.

AFter this Parlament moreouer folowed an other Parlament. ann. 1545. wherein other qualifications more speciall of the sixe articles were prouided: That where as before the cruel statute of the sixe articles was so strait, that if any of the kinges subiectes had ben cōplayned of by any maner of person, as well being his enemy, as otherwise, he shoulde be indicted presently vppon the same, without any further examination or knowledge geuen to the party so accused, & so therupon to be attached, committed, and in fine to be condemned: it was therfore by this parlament prouided, that all such presentmentes and indictmentes shoulde not be brought before the Commissioners, otherwise then by the othes of. xij. men or moe, of honesty and credite, without corruption or malice accordingly.

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Item, that no such indictmentes or presentments should be taken, but within one yeare of the offences committed, eyther els the said indictmentes to stand voyd in lawe.

Itē, that no person accused vpon any such offence against the sixe Articles, should be attached, or committed to ward, before he were therof indicted, vnles by special warrant from the king. &c.

Item, by the authoritie of the sayde Parlament in was considered and enacted, that if any preacher or Reader, for anye woorde spoken, supposed to be agaynste the sixe Articles, shoulde be accused, not within the space of. xl. dayes of the said his readyng or preaching, then the partie accused to be acquited.

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Item, that the Iustices or inquyiers of suche presentmentes should haue full power to alter and reforme all panelles of inquirie, returned before them, in like manner as the Iustices of peace may doo in their Sessions, vpon any other inquiries.

Item, that the party so accused or indicted, vpon his trial, may haue al maner of chalenges (peremptory only excepted) as other persons arraigned for felonie maye haue, by the lawes of this realme.

By these qualifications & moderatiōs of the vi. articles, MarginaliaStat. an. 1545. R. Hen. 8. it may appere that the king began somwhat to grow out of fauour with Ste. Gardiner, & to discredit his doings, wherby he was þe more forward to incline somwhat in furthering the desolate cause of religion, as may appeare both by these premisses, & also by other prouisions & determinatiōs of the foresaid parlamēt. an. 1545, wherin it was decreed by act of parlamēt, MarginaliaA Statute for examination of the Canon lawe. that the king should haue ful power & authority to appoint xxxij. persons, to wit. xvi. of the clergy, and. xvi. of the temporalty, to peruse, ouersee, & examine the Canōs, constitutions & ordināces of the Canon law, as wel Prouincial as Synodal, & so, according to their discretions, to

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