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Henry VII

(1457 - 1509) [ODNB]

Earl of Richmond 1457; king of England (1485 - 1509); married Elizabeth of York

Both Ferdinand II and Henry VII agreed to the marriage of Catherine, Ferdinand's daughter and widow of Prince Arthur, to Arthur's brother Henry. 1570, p. 1192; 1576, p. 1021; 1583, p. 1049.

 
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Sir Guy Fairfax

(d. 1495) [ODNB]

of Yorkshire; justice of the King's Bench

Sir Guy Fairfax and Sir John Vavasour heard a case at Warwick involving a deceased married deacon whose son claimed inheritance of the tenancy. They adjourned the session and passed the case to the Exchequer. 1570, p. 1344; 1576, p. 1147; 1583, p. 1176.

 
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Sir John Vavasour

(d. 1506) [ODNB]

of Yorkshire; judge

Sir Guy Fairfax and Sir John Vavasour heard a case at Warwick involving a deceased married deacon whose son claimed inheritance of the tenancy. They adjourned the session and passed the case to the Exchequer. 1570, p. 1344; 1576, p. 1147; 1583, p. 1176.

 
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Sir Thomas Frowyk (Frowicke, Frowyke)

(c. 1460 - 1506) [ODNB]

Judge; chief justice of the common pleas 1502

Sir Thomas Frowyk informed Foxe that he had been counsel in a case of a deceased married deacon whose son claimed inheritance of a tenancy. Frowyk's opinion was that a priest's child could inherit. 1570, p. 1344; 1576, p. 1148; 1583, p. 1176.

 
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Thomas Cromwell

(in or bef. 1485 - 1540) [ODNB]

Lawyer; king's secretary; chief minister

Earl of Essex 1540; beheaded gruesomely

Thomas Cromwell was the son of a smith. He had an impressive memory and was skilled in languages. He was retained by the English merchants in Antwerp as clerk. He accompanied Geoffrey Chambers to Rome to obtain indulgences for the guild of Our Lady in Boston. 1570, p. 1346; 1576, p. 1149; 1583, pp. 1177-78.

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As a young man Cromwell fought with the French at Garigliano. He was then destitute in Italy and was helped by the Italian merchant banker Francesco Frescobaldi. Cromwell years later repaid him with generous interest when Frescobaldi was impoverished in England. 1570, pp. 1357-58; 1576, pp. 1158-59; 1583, pp. 1186-87.

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Cromwell confessed to archbishop Cranmer that he had been wild in his youth. He was at the siege of Rome with the duke of Bourbon. 1570, p. 1346; 1576, p. 1149; 1583, pp. 1177-78.

Cromwell, Thomas More and Stephen Gardiner served together in Thomas Wolsey's household. 1563, p. 592; 1570, p. 1347; 1576, p. 1150; 1583, p. 1178.

Cromwell was one of Wolsey's chief councillors and was active in the dissolution of the monasteries. After Wolsey's fall and his departure to Southwell, Cromwell entered the king's service. 1570, pp. 1132, 1347; 1576, pp. 969, 1150; 1583, pp. 996, 1179.

Cromwell was knighted, made master of the jewels and admitted to the king's council. Two years later he was made master of the rolls. Shortly before the birth of Prince Edward, Cromwell was created earl of Essex and appointed viceregent. 1570, p. 1348; 1576, p. 1151; 1583, p. 1179.

Cromwell discovered and made public fraudulent miracles. 1570, p. 1359; 1576, p. 1160; 1583, p. 1188.

Elizabeth Barton prophesied that if the king divorced Queen Catherine and married Anne Boleyn, he would not reign more than a month thereafter. Through the efforts of Cranmer, Cromwell and Latimer, she was condemned and executed with some of her supporters. 1570, p. 1199; 1576, p. 1026; 1583, pp. 1054-55.

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Cromwell urged King Henry to destroy the monastic houses and to grant the lands to the nobility and gentlemen. 1570, p. 1350; 1576, p. 1153; 1583, p. 1181.

Edward Lee was sent, under Cromwell, to visit the monasteries and nunneries to release all those in religious orders who wished to leave. 1570, p. 1218; 1576, p. 1043; 1583, p. 1070.

Cromwell gave an oration at the synod in 1537 of bishops and learned men. 1570, p. 1351; 1576, p. 1153; 1583, p. 1182.

Gardiner was a resident ambassador to France in 1538, when Edmund Bonner, through the efforts of Thomas Cromwell, was brought in to replace him. Bonner owed his major preferments to Cromwell. 1570, p. 1239; 1576, p. 1061; 1583, p. 1088.

Bonner sent a declaration to Cromwell of Stephen Gardiner's evil behaviour. 1570, pp. 1241-44; 1576, pp. 1063-66; 1583, pp. 1090-92.

Through the efforts of Cromwell, the destruction of the abbeys and religious houses was accomplished. 1570, p. 1255; 1576, p. 1075; 1583, p. 1101.

At the end of John Lambert's trial, the king had Cromwell read the sentence of condemnation. On the day of Lambert's execution, Cromwell asked for his forgiveness. 1563, pp. 537, 569; 1570, pp. 1283-84; 1576, pp. 1097-98; 1583, pp. 1123-24.

The king sent Cromwell and the dukes of Norfolk and Suffolk to dine with Thomas Cranmer to reassure him after his opposition to the Six Articles. 1570, p. 1298; 1576, p. 1111; 1583, p. 1136.

The wife of Thomas Broke wrote to Thomas Cromwell, complaining of the way the imprisoned men in Calais, especially her husband, were treated. Cromwell wrote to the commissioners in Calais, commanding that Broke and a number of others be sent to England. 1563, p. 666; 1570, p. 1405; 1576, p. 1198; 1583, p. 1227.

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Cromwell was instrumental in obtaining Edmund Bonner's nomination to the bishopric of London. Cromwell procured letters from King Henry to Francois I that resulted in a licence being granted to print bibles in English at Paris. 1570, p. 1362; 1576, p. 1162; 1583, p. 1191.

When printing of English bibles was stopped in Paris, Cromwell got the presses and types sent to London. 1570, p. 1362; 1576, p. 1163; 1583, p. 1191.

Stephen Gardiner was Cromwell's chief opponent. Cromwell had other enemies as well, and in 1540 he was suddenly arrested in the council chamber and committed to the Tower. He was charged with heresy and treason. 1563, p. 598; 1570, p. 1359; 1576, pp. 1160-61; 1583, p. 1189.

Cromwell, having made an oration and prayer, was beheaded by an incompetent axeman. 1563, p. 598; 1570, pp. 1361-62; 1576, p. 1162; 1583, p. 1190.

Stephen Gardiner recalled that Cromwell spent a day and a half investigating a matter between Sir Francis Bryan and Gardiner, finally declaring Gardiner an honest man. 1563, p. 756; 1570, p. 1526; 1576, p. 1301; 1583, p. 1351.

 
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Warwick

Of Hadleigh

Warwick had an ear cut off, for seditious talk, during 'the commotion time in king Edwardes dayes' [presumably Kett's rebellion]. He heaped faggots around Rowland Taylor at the stake. He struck Taylor in the face with a faggot. 1563, p. 1079; 1570, p. 1703; 1576, pp. 1453-54; 1583, p. 1527.

 
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Canterbury
Cant., Canterb., Canterbury, Caunterbury, Caunterburye,
NGR: TR 150 580

An ancient city and county of itself, having separate jurisdiction. Locally in the hundred of Bridge and Petham, lathe of St. Augustine, eastern division of the county of Kent. 26 miles south-east by east from Rochester. The city comprises the parishes of All Saints, St. Alphege, St. Andrew, St. George, The Holy Cross, St. Margaret, St. Martin, St. Mary Bredman, St. Mary Bredin, St. Mary Magdalene, St. Mary Northgate, St. Mildred, St. Peter and St. Paul, all in the Diocese of Canterbury, and with the exception of St. Alphege and St. Martin within the Archdeaconry of Canterbury. The living of All Saints is a rectory with St. Mary in the Castle and St. Mildred attached; St. Alphege is a rectory exempt, united with the vicarage of St. Mary Northgate; St. Andrew is a rectory with St. Mary Bredman annexed; St. George is a rectory with St. Mary Magdalene annexed; St. Martin's is a rectory exempt with St. Paul's annexed; St. Peter's is a rectory with Holy Cross annexed; St. Mary Bredin is a vicarage; and St. Margaret's is a donative in the patronage of the Archdeacon

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English information from Samuel Lewis, A Topographical Dictionary of England (S. Lewis & Co: London, 1831)

Scottish information from Samuel Lewis, A Topographical Dictionary of Scotland (S. Lewis & Co: London, 1846)

Welsh information taken from Samuel Lewis, A Topographical Dictionary of Wales(Lewis & Co: London, 1840)

The reason for the use of these works of reference is that they present the jurisdictional and ecclesiastical position as it was before the major Victorian changes. The descriptions therefore approximate to those applying in the sixteenth century, after the major changes of 1535-42. Except for the physical locations, which have not changed, the reader should not therefore take these references as being accurate in the twenty-first century.

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Rochester
NGR: TQ 730 686

An ancient city, having separate jurisdiction, locally in the lathe of Aylesford, county of Kent. 8.5 miles north from Maidstone. The city is the seat of the bishopric, and comprises the parishes of St Nicholas and St Margaret, both in the Archdeaconry and Diocese of Rochester. St Margaret's is a vicarage in the patronage of the Dean and Chapter, and St Nicholas is a vicarage in the patronage of the bishop.

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English information from Samuel Lewis, A Topographical Dictionary of England (S. Lewis & Co: London, 1831)

Welsh information taken from Samuel Lewis, A Topographical Dictionary of Wales(Lewis & Co: London, 1840)

The reason for the use of these works of reference is that they present the jurisdictional and ecclesiastical position as it was before the major Victorian changes. The descriptions therefore approximate to those applying in the sixteenth century, after the major changes of 1535-42. Except for the physical locations, which have not changed, the reader should not therefore take these references as being accurate in the twenty-first century.

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Warwick

OS grid ref: SP 285 655

Historic county town of Warwickshire

1200 [1176]

K. Henry 8. Allegations against the six articles. Priestes mariage.

Let the hartie desires of so many godly men through the whole worlde, moue you, so earnestly wishing that some good Kings woulde extend their authoritie to the true reformation of the Chuch of God, to the abolishing of all Idolatrous worship, and the furthering of the course of the Gospell. Regarde also and consider I beseeche you, those godly persons, MarginaliaHe meaneth Shaxtō, Latimer Cromer, and others. which are with you in bands for the Gospels sake, being the true members of Christ.

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And if that cruell Decree be not altered, the Byshops will neuer cease to rage agaynst the Churche of Christe without mercy or pitie. MarginaliaThe deuils instrumentes by whom he work[illegible text]h.For them the deuill vseth as instrumentes and ministers of his furie and malice agaynst Christ. These he stirreth vp to slay and kill the members of Christ. Whose wicked and cruell proceedings and subtile sophistications, that you wil not prefer before our true and most righteous request, all the godly most humbly & hartily do pray & beseech you. Which if they shall obteyne, no doubt but God shal recompence to you great rewards for your pietie, and your excellēt vertue shalbe renowmed both by penne and voyce of all the godly, whiles the world standeth. For Christ shall iudge all them that shall deserue either well or euill of his Church. And whiles letters shal remaine, the memoriall worthy of such noble deserts, shall neuer dye or be forgotten with the posteritie to come. And seing we seeke the glory of Christ, and that our Churches are the Churches of Christ, there shall neuer be wantyng such as both shall defend the righteous cause, and magnifie with due commendation such as haue well deserued, & likewise shal condemne the vniust crueltie of the enemies.

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Christ goeth about hungry, thirstie, naked, prisoned, complaining of the raging furie of the Bishops, and of the wrongfull oppression and crueltie of dyuers Kyngs and Princes, entreating that the members of his body be not rent in peeces, but that true Churches may be defended, & his Gospell aduanced. This request of Christ to heare, to receiue, and to embrace, is the office of a godly Kyng, and seruice most acceptable vnto God.

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Intreating a little before, page 1143. 

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There is no evidence that Foxe consulted the life of Oda attributed to Osbern, although it is possible. It is also possible (and more likely) that that John Joscelyn informed Foxe of its contents. This life was once a part of BL, Arundel MS 16, which is heavily annotated by John Joscelyn. Unfortunately the life of Oda is now missing. The question is: was the life of Oda still in the volume when Joscelyn consulted it? First Parker informed Foxe about this martyrology, and then, while the 'allegations' against the Six Articles were being printed, Parker sent the original manuscript to Foxe. This is another indication of the close cooperation between Foxe and Parker in the writing of this section.

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of certayne olde instrumentes for proofe of Priestes lawfull Marriage in times past, I gaue a little touch of a certayne recorde taken out of an olde Martyrologe of the Church of Cant. touching Liuingus a priest, and his wife, in the time of Lanfrancke. MarginaliaLiuingus Priest, and his wife. Wherein I touched also of certain lands and houses restored againe by the said Lanfrancke to the Church of S. Andrew. Now for asmuch as the perfect note thereof is more fully come to my hands, and partly considering the restoring of the sayde landes, to be to Christes Churche in Canterbury, and not S. Andrew in Rochester: and also for that I haue founde some other presidentes approouing the lawfull Mariage of Priestes, and legitimation of theyr children, I thought good for the more full satisfying of the reader, to enter the same, as followeth.

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A note out of an old Martyrologe of Caunterbury.

MarginaliaEx Archiuis. Eccles. Cant.OBijt Guillielmus Rex Anglorum, &c. Hic reddidit Ecclesiæ Christ omnes ferè terras, &c. That is: After the death of William King of England, the sayd Lanfrancke restored agayne to Christes Church in Canterbury, all the landes whiche from auncient memory vnto these latter dayes, haue bene taken away from the right of the sayd Church. The names of which landes be these: In Kent, Raculfe, Sandwich, Rateburch, Wodetun, the Abbay of Limming, with the lands and customes vnto the same monasterye belonging, Saltwude, &c. (Stocke and Denentum, because they belonged of olde time to the Churche of S. Andrewe, MarginaliaS. Andrewes. Church in Rochester. them he restored to the same Churche.) In Sutherey, Murtelac, the Abbay of S. Mary in London, with the landes and houses which Liuingus Priest, and his wife had in London. MarginaliaLiuingus Priest & maried man. All these Lanfrancke restored agayne for the health of his owne soule, freely, and without money. &c.

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A note for the legitimation of Priestes children 
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John Ford may have directed Foxe to this reference and may not only have provided Foxe with the eleven charters, but he may also have provided the knowledge of English law displayed at points in this 'allegation'.

, ex termino Michael. Anno 21. Henr. 7.

MarginaliaM. 21. H. 7. fol. 39. page. 2.

NOte, that in the xix. yeare of this King, in an Assise at Warwicke, before Syr Guye Fairfax, and Syr Iohn Vauisour, it was found by Verdite, that the father of the tenaunt had taken the order of Deacon, and after married a wife, and had issue, the tenaunt dyed, and the issue of the tenaunt did enter. Vpon whome the pleyntife did enter as next heyre collaterall to the father of the tenaunt. Vpon whome he did reenter, &c. and for difficultie, the Iustices did adiourne the Assise. And it was debated in the Escheker chamber: If the tenaunt shall be a Bastard. &c. MarginaliaA Deacō taketh a wife. hath issue & dyeth, the issue adiudged not Bastarde.And heere by aduise it was adiudged that he shall not be bastard. &c. ¶ Frowicke chiefe Iustice sayd to me in the xix. yeare of Henry the vij. in the common place 

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Almost certainly this is a typographical error for 'Common Pleas'.

, that he was of counsayle in this matter,and that it was adiudged as before, which Vauisour did graunt. ¶ And Frowicke sayd, that if a Priest marry a wife, and hath issue and dyeth, his issue shall inheritie, MarginaliaFrowickes opinion that the issue of a Priest shall inherite. for that the espousals be not voyde but voydable. ¶ Vauisour: if a man take a Nunne to wife, this espousall is voyde.

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☞ Note, that in the latter Impression of Henry the vij. yeares of the lawe, this word Priest in this case aforesayd in some bookes is left out: whether of purpose or by negligence, I leaue it to the Reader to iudge.

Another note for legitimation of Priestes children.

AD Curiam generalem D. Philippi & D. Mariæ Dei gratia, &c. xvj. die Iulij, Anno Reg. dict. Regis & Reginæ, primo & tertio irrotulatur sic. Præsentatum est per totum homagium quòd Symon Heynes * Marginalia* Note that this Symon Heynes a Doctour & Priest is not called otherwise here in form of law then Clericus, as in the Euidences before, other Priestes are called. Clericus diu antè istam Curiam, vid. per duos annos iam elapsos, fuit sesitus secundum consuetudinem huius Manerij in dominio suo vt de feodo, de & in duabus acris terræ, percellis de xxxv. acris & dimidij terræ, nuper in tenura Ioannis Heynes. Ac de & in vno tenemento vocat. Bernardes nuper in tenura Ioannis Cotton. Ac de & in lvij. Acris & iij. rodis terræ & pasturæ, siue plus siue minus, prout iacent in campis de Myldenhall prædicta in diuersis pecijs, vt patet in Curia hic tenta die Iouis proximo post festum Sancti Lucæ Euangelistæ, An. regni Regis Henrici viij. xxxviij. Necnon de & in xij. acris terræ natiuæ iacentibus in Townefield & Twamelfield in diuersis pecijs. Ac de & in quatuor Acris & dimidio terræ iacentibus in Myldenhall prædicta. Ac de & in quinque rodis terræ iacentibus in Halywelfield. Qua propter præmissa, idem Symon nuper habuit ex sursum redditione Willielmi Heynes prout pater in Curia hic tenta die Martis proximo post Dominicam in Albis Anno regni Regis Edwardi vj. primo. Et sic sesitus idem Symon de omnibus supradictis præmissis inde obijt solus sesitus. Et quòd Ioseph Heynes est filius & hæres eius propinquior, & modo ætatis quinque annorum & amplius. Qui quidem Ioseph præsens hic in Curia in propria persona sua, petit se admittie ad omnia supradicta præmissa tanquam ad ius & hæreditatem suam. MarginaliaNote that the opinion of Frowicke hath alway bene taken to be law, as may appeare by this president that passed before, Syr Clement Heigham being learned in the lawe, & late chiefe Baron of the exchequer in the time of late Queene Mary.Et D. Rex & D. Regina ex gratia sua speciali, per Clementum Heigham militem Senescallum suum, concesserunt ei inde sesinam tenendam sibi, hæredibus, & assignatis eius, per virgam ad voluntatem dict. D. Regis & D. Reginæ secundum consuetudinem huius. Manerij, per seruitia & redditus inde debita, &c. Saluo iure, &c Et dat Domino Regi & D. Reginæ v. lib. de fine pro ingressu suo habendo, & fidelitas inde respectuatur quousque, &c. Et vlterius consideratum est per Curiam quòd dict. Ioseph est infra ætatem vt præfertur. Ideo determinatum est & concessum est per consensum Curiæ quòd Ioanna Heynes nuper vxor prædicti Simonis, ac mater predicti Ioseph habebit custodiam eiusdem Ioseph, quousque idem Ioseph peruenerit ad suam legitimam ætatem.

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Concerning these vj. Articles passed in this Acte aforesayd in the 21. yeare of King Henry, sufficiently hetherto hath bene declared, first what these Articles were: secondly by whom and from whom chiefly they proceded: thirdly, how erroneous, pernicious, repugnant and contrarious to true doctrine, christian religion, and the word of God, to nature also it selfe, all reason and honesty, and finally to the auncient lawes, customes, and examples of our foreelders during the daies of a thousande yeares after Christe they were. MarginaliaThe penalty of the 6 articles declared.Fourthly, yee haue heard also what vnreasonable and extreme penaltie was set vpon the same, that a man may deeme these lawes to be written not wyth the inke of Steuen Gardiner, but MarginaliaDraconis leges sanguine Scripte.with the bloud of a Dragon, or rather the clause of the Diuell. The breach whereof was made no lesse then treason and felony, and no lesse punishment assigned thereto then death.

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Besides all this, the wordes of the Acte were so curious and subtile, that no man could speake, wryte or cyphar against them, without present daunger, yea scarcely a man might speake any word of Christ and his Religion, but he was in perill of these vj. Articles. Ouer & besides, the Papistes began so finely to interprete the Act, that they spared not to indite men for abusing their countenance & behauiour in the Church. So great was the MarginaliaPotestas tenebrarum.power of darkenesse in those dayes. And thus much concerning this Acte.

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Besides these vj. Articles in this foresaide Acte concluded, there was also another constitution annexed withall, not without the aduise (as may seeme) of the Lord Cromwell, which was this: MarginaliaAn acte against fornication of vnmaried Priestes. 

Commentary  *  Close

The act, Stat. an. 32. Reg. Hen. cap. 10, was actually passed in 1541 and not as part of the Six Articles.

that Priestes and Ministers of the Church, seing now they would needes thēselues be bound from all Matrimony, should therefore by law likewise be bound to such honesty and continencie of life, that carnally they should vse & accustome no maner of woman maried or single, by way of aduoutrie or fornication: the breache whereof, for the first tyme, was to forfaite goodes 
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This is, to put it mildly, a tortured version of events. Cromwell was not a supporter of this law, but Gardiner was.

, & to suffer imprisonment at the Kings pleasure: and for the second

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