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920 [920]

Actes and Monumentes of the church

tayne of the witnesses brought fourth by the sayd bishop and against him, be of the kynges maiesties moste honorable counsell: that is to saye, the Duke of Somerset, the Lorde Treasurer, the Lord great maister, the Lord Priuie Seale, the Lord great Chamberlain, the Lorde Cobham, the Lord Paget, Sir William Herbert, vnto whome, for that respect, and also in consideration of their estate, dutie requireth semely and conuenable speche to be vsed of them: MarginaliaThe conueyāce and couert cloking of Winch.whiche mynde of his behauiour in language towardes them, the sayde byshop protesteth, and by waye of exception alleageth, and excepting sayth, that the sayd noble men haue been, without any corporall othe by them taken, contrarie to thorder of the ecclesiasticall lawes, examined and deposed: MarginaliaThe bare shift of Winch.vnto whome, because the sayde othe geuing was not by speciall consent remitted, but especially and expressely by the parte of the sayd byshop requyred, their deposition by thecclesiastical lawes hath no such strength of testimonie, as the Iudge should or might for the knowledge of truthe, haue regarde to them. MarginaliaHerein graunteth against him selfe.For, albeit the qualitie of their estate be suche, and their sayinges also, in wordes declared to proceade of their faith and honor, with whiche it becommeth no priuate man to contende, nor to affirme by obiection that they would otherwyse saye or depose vpō a corporal oth, then they do nowe: yet because thorder of the lawe ecclesiasticall requireth the othe corporall, lately practised in this Realme, in persons of like estate: MarginaliaWinch. wil not knowlege the law and anorder of the Realme in this poynt.the sayde byshop dare the more boldely alleage this exceptiō: and so much the rather, that the Lord Paget hath in his deposition euidently, and manifestly neglected honor, fayth, and honestie, and sheweth hym selfe desirous beynd the necessarie aunswere, to that it was demaunded of him, (onely of ingrate malyce) to hyndre, as muche as in him is, the said byshop, who was in the sayd Lordes youth, his teacher, and tutor: Marginalia

The raling of Winch. agaynst the lord Paget.

Winch. tutor and teacher to the lord Paget.

afterwarde his maister, and then his beneficiall maister, to obtayne of the kynges maiestie that dead is one of the roomes of the clerkshyp of the Signet for him: MarginaliaThe Lorde Paget first prefered by Winch. whiche ingrate malice of the sayd Lord paget, the sayde byshop sayth in the depositions manifestly doth appeare, as the sayde byshop offereth hym selfe readie to proue, and shewe. And moreouer the sayd byshop against the Lord Paget allegeth, at such tyme, as the said Lord Paget was produced against the saide byshop, the same Lorde Paget openly in the presence of the iudges, and other there present, sayde howe the sayde byshop did flie from iustice, whiche made him notoriously suspected, not to be affected indifferently to the truthe, (as semed him) and without cause therein to speake, as enemy to the sayde byshop, Marginaliawould gladly haue reproued Paget.obiecting against the Lord Paget as afore in especiall: and generally excepting thomission of the corporall othe in the rest sayeth further, that the sayinges of the sayde noble men, as they in some pointes depose only vpon heresay, in some pointes speakyng in generall, declaring no specialtie, in some pointes declaring especiallie, without suche qualite, as the profe of the facte requireth, without geuing such a reason of their saying, as the lawe in the deposition of a wytnes requireth, whē there is deposition of suche matter: MarginaliaWinch. lawyer like. the same their saynges doo not in lawe conclude, ne make profe of any matter preuidiciall to the saide byshop, as vpon the consideration of the depositions may appeare. And finally the said bishop by waye of exception allegeth, and excepting sayeth, that the Lorde Paget, beyng produced against the sayd byshop, was by the office examined, as appeareth vpon the Interrogatories, ministred by thoffice, without makyng the byshop priuie what the sayd Interrogatories were, to thentent he might vnderstande what new matter were deduced, to vse his iuste defense in that behalf. And although the byshop produced those noble men, as wytnesses to proue his behauiour, at their repayre vnto him in the Tower, and at his comming to them, when he was commaunded to appeare before thē at the kings maiesties palace, whereby his sayinges and aunsweres before them myght appeare with their testimonie in generall of the byshops estimation in oure late soueraigne Lordes dayes: yet the same personages, bee produced againe for thoffice, to be taken and vsed as witnesses against the said bishop in the principal matter, of that they thē selfes supposed to be true in their processe, there by with their owne testimonie to iustifie their owne doinges: wherevpon they did procede so as it appereth, that the same personages be the Iudges in the first sentence and brought here wytnesses, whereby to approue the iustnes of their owne former doings, which is against allawe, equitie and iustice. And touching thother witnesses, suche as appeareth in thactes, to haue made a corporall othe, amongs whiche be also iiij. of the kinges moste honorable counsell, MarginaliaSir Anthony Wingefield Sir Raph Sadler Sir Edwarde North M. Cicil.S. Anthony Wingfield, S. Ralphe Sadler, S. Edward North, & M. Cicil, the saide B. with due respectes to their worships, saith their sayings & depositions, where they be generall and declare no specialty against the said byshop, wherein he should especiallie offend, conclude no proofe in lawe, nor ought not to be preiudiciall to the sayd bishop, as by consideracion of of the depositions may appere. And where maister Cicil deposeth vpon the x. article, he is therein singuler and cōcludeth no proofe in such a matter of weight, and telleth not that matter touching the kings maiesties yong age, as he vttered it and calleth it a commandement that he vttered not so, leauing out the ioyning of the counsel to limitte the kings autority, as the said bishop, vpō his othe in aunswere hath affirmed and in the viij. article in the declaration of his knowlege of commaundement geuen to the bishop to preache by knowlege from M. Smithe (as he saythe) varieth from maister Watson, a witnes in the part produced.

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MarginaliaM. Coxe.And as for maister Coxe, maister Ayre, maister Honinges, maister Cheeke, maister Chalenor, maister Record, and maister Smith, the bishop excepting allegeth, that either they depose generally or by heresay not cōcluding any proofe or els so vtter their owne affection, as they be worthy no credite, or els shew thē selfes so loth to seme to remēber any thing that might relieue þe B. as they ought to be reputed not indifferent. And moreouer the sayd B. sayth, that maister Cox had his cōuersatiō so touched in the latter end of the bishops sermō, for priests to mary cōtrary to a law and agaynst order that it was no maruayle though he were offēded. MarginaliaM. Ayre.Maister Ayre declareth him selfe to haue complained of the sayde bishop, whose complaint by witnes alredy produced is reproued. MarginaliaM. RecordMaister Record saying that the bishop is yet disobedient, & so wrongfully iudging of the bishop in his priuate preiudice is vnworthy all fayth in the matter. MarginaliaM. Chalenor.M. Chalenor sheweth him selfe to mistake the matter not distincting Hampton court from Westminster. MarginaliaM. SmithMaister Smith in declaring of his treting with the bishop doth playnly confound the moneth of February with Iune. MarginaliaM. Honinges.Maister Honings deposition hath no matter substancial in forme of proofe declared. MarginaliaWinchester mistrusting his quarell vseth protestations in euery matter.And also the sayde bishop excepting as afore and vnder his protestation aboue mēcioned, allegeth that all and singuler the witnes afore sayd examined against the sayd bishop be in their pretensed depositions variable, singuler, discrepant, repugnant and cōtrary one to another and not prouing in any wise such thinges as they goo aboute, and indeuour thē selfes to depose of. All which matters the sayd bishop allegeth as they be aboue respectiuely mencioned touchinge the witnes concerning the premisses agaynst them as is afore said, obiected and excepted as wel for the causes before respectiuely specified, as other causes conteined in their pretensed depositions, to whose sayinges credit and fayth sufficient by the law oughte not to be geuen as is required for proofe and testimony of truth in processe, as by their said pretēsed depositions more playnly appereth vnto which and vnto the law (as is expedient for him & none otherwise) the sayde bishoppe referreth him selfe in this behalfe. And vnder his sayd protestations he allegeth that these thinges before by him respectiuely excepted against the sayd witnes were and be true and notorious, as by the actes and depositions of the same witnesses and by other records and things hadde, exhibited done, and made in this matter doth appeare, and also by proofe to be further made by the sayde bishop if he maye be admitted therunto, shall appere, and therwith to that is all redy deposed, to which (as is aforesayd) the bishop aunswereth hiim self so far fourth as they make for him and none otherwise.

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BEsids the premisses the said bishop also vnder like protestatiōs as afore, did exhibit for the better informatiō of the iudges in this matter certayne papers: one conteining a collatiō made of the deposytyons in both partes, what was sayd, and how it was sayd in the byshops sermon, and of the charge and discharge in the same, which collation for that I haue before cō

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