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834 [834]

Actes and Monumentes Of the Church

in the sayd fourth yeare, with the same submission and being in his maiestyes behalfe required, and comaunded to consyder agayne better the sayd submission, and to subscribe the same stode in iustification of your selfe, and would in no wise subscribe thervnto.

Marginalia14.Item that after all this the fourtenth daye of Iuly in the sayd fourth yere. the sayd kinges maiesty sent yet agayne vnto you certaine of his maiestis most honorable counsayl, with an other submission and diuers other articles willing and commaunding you to subscribe your name therunto, which to do, you vtterly refused.

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Marginalia15.Item that after al this videlicet, the xix day of Iuly in the sayd fourth yere, you being personally called before the hole counsayl and hauing the sayd submission and articles openly and distinctlye red vnto you and required to subscribe the same, refused for vniust and fantastycall considerationes by you alleaged to subscribe the same.

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Marginalia16.Item that for your sondry and manifold contempts & disobediences in this behalfe vsed, the frutes of your benefice, were then by speciall commission of his maiesty iustly and lawfullye sequestred.

Marginalia17.Item that after this you had intymacion and peremptorye monytion, with communicacion that you should within iii. monethes next folowing the sayd intimacion, reconcile and submit your selfe vpon paine of depriuacion.

Marginalia18.Item that the sayd iii monethes are now fully expired and runne.

Marginalia19.Item that you haue not hetherto, accordinge to the sayd intimacion and monition submitted, reconciled, nor reformed your selfe, but contemptiously yet still remain in your disobediēce, wherupon they required the bishop of Winchester, then & ther personally, presēt to be sworn faithfully and truly to make answer.

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ANd therewith the sayd Bishoppe of Winchester requiringe, and obteininge leaue to speake, declared that for as muche as he perceaued hym selfe to be called to aunswer to iustice, he doothe most humbly thancke the kinges maiesty, that it hath pleased his grace to be his good and gracious Lorde therin, and most humbly acknowledgeth his maiesty, to be his naturall sofrayne lord, and that he hath, and alwayes will obey his maiestes autoryty and iurisdictiō, & to be subiect thereunto, & that for asmuch as his grace is pleased to graunte him to vse his lawfull remedy and defence in this behalfe, therefore he then, and there openly protested, that by any thing now spoken, or to be hensforth spoken, or now done, or to be donne, or by this personall apperāce, he intendeth not to consēt vnto the said iudges nor to proroge there iurisdiction, any other wise nor further then by the law, he is bound to do nor to renounce any priuelege which he made, or ought in thys behalfe to vse. but to vse the same to his mooste aduauntage and all other lawfull defence mete and conuenient, to and for him, aswell by way of recusacion of the same iudges, or excepting against their comission as otherwise, which his sayd protestacion he willeth and requireth to be inserted in these actes, and in all other actes hensforth to be sped and donne in this matter: and vnder the same his protestacion required a copye aswell of the sayd commission as also of these actes. Which copies the Iudges did decre vnto him, and this done the Archbishop by consente of the rest then and there dyd onerate the sayd Bishop of Winchester. with a corporal othe vpon the whole Euangelistes by him touched and kissed, to make a true and faythfull aunsweare to the sayd posytions and artycles and euery parte of them in wryting, by thursday next betwene the hours of ix and tenne before none in this place, and deliuer a coppy of the sayd posytions and articles: willing the liftenaunt of the Tower to let him haue paper pen and yncke to make and conceaue his sayd aunswers and other hys protestations and lawfull defences in that behalfe: the same bishop vnder his forme of protestacion giuing the the same oth as far as the law did bynd him & required to haue coūcel to be apoynted hī, which thearch, & the rest of the cōmissioners dyd decre vnto him such as he shuld name. MarginaliaWitnesses producted. This don, the sayd promoters producted sir Anthony Wingfield comptroller of the kinges maiestyes honorable houshold, sir William Sycyle secretary, syr Rafe Sadler, syr Edward North, doctor Cocks Amner, sir Thomas North, sir Gorge Blage, syr ThomasSmith, syr Thomas Challoner, sir Ihō Cheke, maister doctor Ayre maister doctor Roberte Record, maister Nicolas Vdall, and Tho. Watson wytnesse vppon the artycles by them ministred as before, which witnesses & euery of thē, the Archby. with the cōsēt of his colleges aforsaide, dyd admit, and with a corporall othe in forme of law did onerate to say and depose the whole & playne truth that they knew in & vpō the cōtēts of the said articles, and monished them and euery of them to come to be examined accordingly: the said bishopp of Winchester vnder his said former protestation, dissenting to the said production, admissyon and swearing, and protesting to say as wel against the persons of the saide witnes, as their sayinges so farre as the same doo, or shall make against them and askinge a time to minister interrogatories against them, to whome it was assigned to minister the said interrogatories by Thursday immediatlye followinge. And as touchinge the depositions of the witnesses aboue named, ye shall haue them withall other attestations of the witnesses, aswel of nobilitye as of other producted and examined in this matter, bothe against the said bishop and with him, in the twentye acte of this processe, where publication of the moost parte of them was required and graunted. After this tharchbyshopp with the consent of his Colleages aforsayd, at the pet:tion of the saide promoters, continued the cause in the state it was vnto Thursday next betwene the hours of ix. and x. in the fore none in that place.

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¶ The second Session or Acte against Gardiner bishop of Winchester at Lambeth, on Thursday the xviii. day of December betwene the hours as aboue prefixed, before the Archbishop of Canterbury, and the reast of the Commissioners assembled, as they were in the last Session, the same notaryes also being present as before.

MarginaliaThe 2 session.THe saide xviii. daye of December in the forenamed place betwene the hours prefixed, before tharchbishop of Cāterbury and the rest of the Commissioners assembled as they were the last Session, in the presence of William Say, and Thomas Argall actuaries, was there presented to them a letter sente to them from the priuye counsaile. The tenor wherof is this.

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After our right harty commendatyon vnto your good Lordshipps. It is come to our knowledge by reporte of good credite which were presente at Lambeth at youre last Session, in the bishop of Winchesters cause. That the said bishop did earnestly affirme in open court before your Lordships, and in the hering of a great multytude of people, that we had made a full ende with him at the Tower, for all the matters, for the whiche he was then committed in such sort as he verily thoughte neuer to haue hard any more therof, which report semed to vs very straunge and so much toucheth the honoure of the kinges Maiesty to haue him called to iustice nowe for a matter determined, and oure fidelities to his maiestye to haue ended the same cause without commissyon, that althoughe the said bishop seme disposed to defend his cause with vntruthes yet can we not suffer him to seeke hys credit, by his ouer bolde affirmation amongste a multytude of so false and vntrue matters. And therefore we haue thought it necessary vpō our fidellties and honors, that his saide tale of or endinge the matter with hym, is false and vntrue. For neyther did we make anye end of hys matter, neyther had we any Commissyon from the kinges maiesty so to do, but onlye to heare and conferre with him for his obedience. And therof to make report. And where he sayeth our end was such, that he thought neuer to haue hard therof again, if he ment to remember truthes, as in this behalfe he hath deuised vntruthes, he then can tell that we say to him, requiring more libertye that we hadde no commissyon, to graunt him that, or to take any order wyth hym. But onlye to common wyth hym, we be sory to see hym make so euyl a beginnyng, at the fyrst daye, as to laye the fyrste foundation of his defence, vpon so false and a manifest vntruthe, and would wish his audacity and vnshamefastnes, were vsed in allegatyon of truthes. For this waye (as the Prouerbe

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sayeth)