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. Censorship Proclamation 32. Our Lady' Psalter 33. Martyrdom of Osmund, Bamford, Osborne and Chamberlain34. The Martyrdom of John Bradford 35. Bradford's Letters 36. William Minge 37. James Trevisam 38. The Martyrdom of John Bland 39. The Martyrdom of Frankesh, Middleton and Sheterden 40. Sheterden's Letters 41. Examinations of Hall, Wade and Polley 42. Martyrdom of Christopher Wade 43. Nicholas Hall44. Margery Polley45. Martyrdom of Carver and Launder 46. Martyrdom of Thomas Iveson 47. John Aleworth 48. Martyrdom of James Abbes 49. Martyrdom of Denley, Newman and Pacingham 50. Richard Hooke 51. Martyrdom of William Coker, et al 52. Martyrdom of George Tankerfield, et al 53. Martyrdom and Letters of Robert Smith 54. Martyrdom of Harwood and Fust 55. Martyrdom of William Haile 56. George King, Thomas Leyes and John Wade 57. William Andrew 58. Martyrdom of Robert Samuel 59. Samuel's Letters 60. William Allen 61. Martyrdom of Roger Coo 62. Martyrdom of Thomas Cobb 63. Martyrdom of Catmer, Streater, Burwood, Brodbridge, Tutty 64. Martyrdom of Hayward and Goreway 65. Martyrdom and Letters of Robert Glover 66. Cornelius Bungey 67. John and William Glover 68. Martyrdom of Wolsey and Pigot 69. Life and Character of Nicholas Ridley 70. Ridley's Letters 71. Life of Hugh Latimer 72. Latimer's Letters 73. Ridley and Latimer Re-examined and Executed74. More Letters of Ridley 75. Life and Death of Stephen Gardiner 76. Martyrdom of Webb, Roper and Park 77. William Wiseman 78. James Gore 79. Examinations and Martyrdom of John Philpot 80. Philpot's Letters 81. Martyrdom of Thomas Whittle, Barlett Green, et al 82. Letters of Thomas Wittle 83. Life of Bartlett Green 84. Letters of Bartlett Green 85. Thomas Browne 86. John Tudson 87. John Went 88. Isobel Foster 89. Joan Lashford 90. Five Canterbury Martyrs 91. Life and Martyrdom of Cranmer 92. Letters of Cranmer 93. Martyrdom of Agnes Potten and Joan Trunchfield 94. Persecution in Salisbury Maundrell, Coberly and Spicer 95. William Tyms, et al 96. Letters of Tyms 97. The Norfolk Supplication 98. Martyrdom of John Harpole and Joan Beach 99. John Hullier 100. Hullier's Letters 101. Christopher Lister and five other martyrs 102. Hugh Lauerocke and John Apprice 103. Katherine Hut, Elizabeth Thacknell, et al 104. Thomas Drury and Thomas Croker 105. Thomas Spicer, John Deny and Edmund Poole 106. Persecution of Winson and Mendlesam 107. Gregory Crow 108. William Slech 109. Avington Read, et al 110. Wood and Miles 111. Adherall and Clement 112. A Merchant's Servant Executed at Leicester 113. Thirteen Burnt at Stratford-le-Bow114. Persecution in Lichfield 115. Hunt, Norrice, Parret 116. Martyrdom of Bernard, Lawson and Foster 117. Examinations of John Fortune118. John Careless 119. Letters of John Careless 120. Martyrdom of Julius Palmer 121. Agnes Wardall 122. Peter Moone and his wife 123. Guernsey Martyrdoms 124. Dungate, Foreman and Tree 125. Martyrdom of Thomas More126. Martyrdom of John Newman127. Examination of John Jackson128. Examination of John Newman 129. Martyrdom of Joan Waste 130. Martyrdom of Edward Sharpe 131. Four Burnt at Mayfield at Sussex 132. John Horne and a woman 133. William Dangerfield 134. Northampton Shoemaker 135. Prisoners Starved at Canterbury 136. More Persecution at Lichfield
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1484 [1458]

Q. Mary. The examination of Iudge Hales before the B. of Winchester.

Marginalia1555. February.cons, or els come to his owne person, and so shoulde be resolued. 

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This was a remarkable initiative which potentially vastly increased the workload of Bonner and his staff. It is one of those occasions where Foxe inadvertantly supplies evidence of Bonner's genuine pastoral zeal.

And therefore all manner doubtes and obstacles set aside, he straitly willed and commaunded euery man & woman to come to confession, and to enioy this benefite of reconciliation and absolution, against the first sonday next after Easter ensuing, and not to faile. For the whiche purpose hee had specially commaunded the Pastours and Curates of euery Parishe to certifie vp in writing the names of euery man and woman so reconciled: and so forth. The copie of whiche intimation is more fully to be read in the first edition of Actes and Monumentes. pag. 1083. In the meane tyme the forme of his absolutiō, because it is but short, I thought here to exhibite, as vnder foloweth.

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¶ The forme of absolution, to be kept by the Pastors and Curates, in priuate confessions concernyng this reconciliation.

MarginaliaThe absolution of Byshop Boner to be vsed in his dioces.OVr Lorde Iesus Christ absolue you, and by the Apostolike authoritie to me graunted and committed, I absolue you from the sentences of excommunication, and frō all other censures and paynes, into the which you be fallen by reason of heresie, or schisme, or any other wayes: and I restore you vnto the vnitie of our holy mother the Church, and the Communion of all Sacramentes, dispensing with you for al maner of irregularitie: and by the same authoritie, I absolue you from all your sinnes, in the name of the father, and of the sonne, and of the holy Ghost. Amen.

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The lamentable historie 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.

 

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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 master Hooper mention was touched a litle before of Iudge Hales, wherfore something woulde be said more in this place touching that matter. But because the story of that man and of his end is sufficiētly comprehended in our first booke of Actes and Monuments, we shal not greatly neede to stand vpon rehearsal of euery particular matter touching the whole, but only taking the chiefest and leauyng the rest, we wyll reporte somewhat of the communication betweene the Bishop of Winchester and hym: declaryng withal howe false and vntrue the excuse is of our aduersaries, which so precisely by the lawe defend thē selues, and say, that in all their doings they did nothyng but by the Lawe, to beare them out. Which if it be so, howe dyd they then to Anne Askew? What law had they, when they had condemned her first for a dead woman, then afterwarde to racke her? MarginaliaThe Catholickes proued to do agaynst the law in Q. Maryes tyme.By what lawe dyd they cal vp M. Hooper, and pryson hym for the Queenes debt, when the Queene in very deede dyd owe hym foure score poundes, and kept hym a yeare and a halfe in prison, & gaue hym neuer a peny? pag. 1433. By what lawe dyd Bishop Boner condemne and burne Richard Mekins, a lad of. xv. yeares, when the first Iewrie had quit hym, and at the stake reuoked al heresies, and praysed the said Boner to be a good man: and also hauyng hym in prison, would not suffer his father and mother to come to hym to comfort their owne child? pag. 1174. What lawe had they to put master Rogers in prison, when he did neither preach nor reade Lecture after the time of the queenes inhibition, & when they had kept hym in his own house halfe a yeare, beyng not depriued of any liuyng, yet would not let hym haue a halfpeny of his owne liuynges to relieue him, his wife, &. xi. children? pag. 1416. By what law was Tho. Tomkins hand burnt, & afterward his bodye consumed to ashes? What good lawe or honestie was there to burne the three poore women at Garnsey, with the infant childe fallyng out of the mothers wombe, when as they al before their death recanted their wordes & opinions, and were neuer abiured before? So here likewise in this case, what order or right of law did Ste. Gardiner folow in troubling and imprisoning Iudge Hales, when he had done nothing, neither against Gods law, nor mans law, in proceding by order of lawe agaynst certaine presumptuous persons, which both before the lawe, and against the lawe then in force, tooke vppon them to say their Masse? as ye shall heare in these his aunsweares and communication had with Ste. Gardiner here vnder ensuing.

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¶ The communication betwene the Lorde Chauncelour and Iudge Hales, being there among other Iudges, to take his othe in Westminster hall. Anno. 1553. 6. of October. 
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This first appeared in Rerum (pp. 262-63) and is an accurate and completereprinting of a small tract: The communication betwene my lord chauncelor and judge Hales in Westminster hall. M. D. Liii. Vi of October (STC 11583). It is now known that this tract was printed on the illegal 'Michael Wood' press, operated in Stamford (Lincs) by John Day. (See Evenden).

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L. Chauncelour. I. Hales.

MAister Hales, ye shall vnderstand, that like as þe queenes

MarginaliaCommunication betwene Iudge Hales and the B. of Winchester.highnes hath heretofore conceyued good opinion of you, especially for that ye stood both faithfully and lawfully in her cause of iust successiō, 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 nowe, through your owne late desertes againste certayne her highnes doynges, ye stand not wel in her graces fauor: and therfore, before ye take any othe,  
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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 shall be necessary for you to make your purgation.

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

Chaunc. Information is geuen, that ye haue indicted certaine priestes in Kent, for saying masse.

Hales. My Lorde, it is not so: I indicted none, but in deede certaine Indictments of like matter were brought before me at the last Assises there holden, and I gaue order therin as the lawe required. For I haue professed the law, against which, in cases of iustice, I wyl neuer (God wylling) proceede, nor in any wise dissemble, but with the same shewe foorth my conscience: and if it were to doo againe, I would do no lesse then I dyd.

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Chaunc. Yea maister Hales, your conscience is knowen wel inough. I know ye lacke no conscience.

Hales. My Lord, ye may do wel to search your owne conscience, for myne is better knowen to my selfe, then to you: and to be plaine, I did as wel vse iustice in your sayd masse case by my conscience as by lawe, wherein I am fully bent to stand in trial to the vttermost that can be obiected. And if I haue therin done any iniurie or wrong, let me be iudged by the lawe, for I wyll seeke no better defence, consideryng chiefly that it is my profession.

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Chaunc. Why master Hales although ye had the rigor of the law on your side, MarginaliaIustice Hales for iustice sake troubled. yet ye might haue had regard to the Queenes highnes present doinges in that case. And further, although ye seeme to be more then precise in the lawe: yet I thinke ye would be very loth to yeelde to the extremitie of such aduauntage as might be gathered agaynst your proceedings in the law, as ye haue sometime taken vpō you in place of iustice: & if it were well tryed, I beleue ye should not be wel able to stand honestly therto.

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Hales. My Lord, I am not so perfect but I may erre for lacke of knowledge. But both in cōscience and such knowledge of the lawe as God hath geuen me, I wyl do nothing but I wyl mainteine it, and abide in it: and if my goods and al that I haue be not able to counterpaise the case: my body shalbe redy to serue the turne: for they be al at the queenes highnes pleasure.

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Chaunc. Ah sir, ye be very quicke and stout in your answeares. But as it should seeme, that which you dyd, was more of a wyll, MarginaliaWinchester quareleth with M. Hales religion.fauouring þe opinion of your religiō against the seruice now vsed, then for any occasion or zeale of Iustice, seeing the Queenes highnes dooth set it forth as yet, wishing al her faithful subiectes to embrace it accordingly: and where you offer both body & goodes in your triall, there is no such matter required at your handes, and yet ye shall not haue your owne wyl neither.

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Hales. My Lord, I seeke not wylfull wyll, but to shewe my self as I am bound in loue to God, and obedience to the queenes maiestie, in whose cause willingly for iustice sake, al other respectes set apart, I dyd of late (as your lordship knoweth) aduenture as muche as I had. And as for my religion, I trust it to be such as pleaseth God: wherein I am ready to aduenture as wel my life as my substance, if I be called thereūto. And so in lacke of myne owne power & wyl, the Lordes wyl be fulfilled.

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Chaunc. Seing ye be at this poynt maister Hales, I wil presently make an ende with you. The Queenes highnes shalbe infourmed of your opinion and declaration. And as her grace shall thereuppon determine, ye shall haue knowledge. Vntyl which tyme, ye may depart as ye came, without your othe: for as it appeareth, ye are scarse worthy the place appoynted. 

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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, beyng both a burthen and a charge more then euer I desired to take vppon me: when so euer it shall please the Queenes highnes to ease me thereof, I shall most humbly with due contentation obey the same: and so he departed frō the barre.

Not many dayes after this communication or colloquie in Westminster hall, which was October. 6. Anno. 1553. MarginaliaM. Hales committed to the Kings Bench.master Hales at the commaundement of the Bishop was committed to the Kinges Benche, where he remayned constant vntyl Lent: then was remoued to the Coūter in Bradstreate, 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 granted vnto the Bishoppes, by their fraudulent assaultes and perswasions, namely of doct. Day Bishop of Chichester, and of Iudge Portman (as it is thought) ouercome at last, I haue not to say.

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