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1134 [1133]

K. Hen. 8. Allegations against the vj. Articles. Transubstantiation.
The 6. Article.

MarginaliaThe 6. article. Sixtly, that auricular confession is expedient and necessary to be retayned, and continued, vsed and frequented in the Church of God.

After these Articles were thus concluded and consented vpon the Prelates of the Realme craftilie perceiung that such a foule and violent acte couldenot take place or preuail, vnlesse straghit and bloudy penalties were set vpon them, they caused through their accustomed practise, to be ordayned and enacted by the kyng and the Lordes spirituall, and the commons in the sayd parliament, as followeth.

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The penalties vpon the. 6. Articles. 
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In 1570, 1576 and 1583, Foxe replaced 1563's lengthy verbatim quotes from the text of the Act with verbal summaries which are, as he says, 'briefly collected' from the Act. Only this first clause, on the penalties for denying transubstantiation, is reproduced in full. However, exactly the same material is included and excluded as in the 1563 edition.

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MarginaliaThe penalties of vpon the vi. articles. That if any person or persons within this Realme of England, or any other the kinges dominions, after the. xii. day of Iulie next comming, by word, writing, imprinting, ciphryng, or any otherwise, should publishe, preach, teach, say affirme, declare, dispute, argue, or holde any opinion, that in the blessed Sacrament of the Altar, MarginaliaTransubstantiation. vnder forme of bread and wine (after the consecration therof) there is not present really, the naturall body and bloud of our Sauiour Iesus Christe, conceiued of the virgine Mary, or that after the sayd consecration, there remaineth any substance of bread or wine, or any other substance but the substance of Christ, god and man, or after the tyme abouesayd, publish, preach, teach, say, affirme, declare, dispute, argue, or holde opinion, that in the flesh, vnder forme of bread, is not þe very bloud of Christ or that with the bloud of Christ, vnder the forme of wine, is not the verye fleshe of Christ, aswell aparte, as though they were both together: or by any of the meanes aboue said or otherwise, preach, teach, declare, or affirme the sayde sacrament to be of other substaunce then is aboue sayd, or by any meane contemne, depraue, or dispise the sayd blessed Sacrament: that then euery such person, so offending, their ayders, comforters, counsaylers, consenters and abbetters therein (being therof cōuicted in fourme vnder written, by the authoritye aboue sayd) should be deemed and adiudged heretikes, and euery such offence should be adiudged manifest heresye: and that euery such offēder and offēders, MarginaliaSuffering without any abiuration. should therfore haue & suffer iudgemēt, execuiton, paine & paines of death, by way of burning, without any abiuration, benefite of the cleargie, or Sanctuarye, to be therfore permitted, had, alowed, admitted or suffred: MarginaliaLosse of goodes. and also should therfore forfaite and loose to the kinges highnes, his ayres and successours, all his or theire honours, manours, castells, lands, tenemēts rentes, reuersions, seruices, possessions, and all other his or their hereditamentes, goods and cattel, termes and freeholdes, whatsoeuer they were, which any suche offender or offenders should haue at the tyme of any such offence or offences, committed or done, or at any tyme after, MarginaliaOpinion agaynst the Sacrament of the altar made treason. as in any cases of high treason.

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The penaltie of the last v. Articles.

MarginaliaThe penalties of the last v. articles. And as touching the other v. Articles following, the penaltie deuised for them, was this: That euery such person or persons, which die preach, teache, obstinately affirme, vphold, mainteine, or defend, after the 12. day of Iuly, the sayd yeare, any thing contrary to the same, or if any being in orders, or after a vow aduisedly made did mary, or make Maryage, or contract matrimony, in so doing should be adiudged as felones, and lose both lyfe, and forfaite goodes, as in case of felonie. without any benefite of the cleargie, or priuiledge of the Church, or of Sanctuarye. &c.

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Item, that euery such person or persons, which after þe day aforesayd, by word, writing, printing, cyphryng, or otherwise, did publish, declare, or holde opinion contrary to the v. Articles aboue expressed, being for any such offence duely cōuict or attainted, for the first tyme, besides the forfaite of all hys goodes and cattell and possessions what so euer, shoulde suffer imprisonment of his body at the kynges pleasure: & for the second tyme, being accused, presented, and therof conuict, should suffer, as in case aforesayd, of felonye.

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Item, if any within order of priesthoode, before the time of the sayd Parliament, had maryed or contracted Matrimonie, or vowed wydowhead, the sayd Matrimonie, should stand vtterly voyde and be dissolued.

Item, that the same daunger that belonged to priestes marying their wiues, should also redownd to the wemē maryed vnto the Priestes.

MarginaliaInquisition vpō the vi. articles. Furthermore, for the more effectuall execution of the premises, it was enacted by the sayd Parliament, that full authoritie of Inquisition of all such heresies, felonies, and contemptes, should be committed and directed downe into euery shyre, to certeine persons specially, therūto appointed: of the which persons three at least (prouided alwayes the Archbyshop or byshop, or hys Chauncellour, or hys Commissarie to be one) should sitte foure tymes at least, in the yeare, MarginaliaA bloudy inquisition. hauing full power to take information and accusation by the depositions of any two lawfull persons at the least, as well as by the othes of xii. men, to examine and inquire of all and singular the heresies, felonies, and contempts aboue remēbred, hauing also as ample power to make proces agaynst euery person or persons indited, presented, or accused before them: also to heare and determine the foresayd heresies, felonies, contemptes and other offences, as well as if the matter had bene presented before the Iustices of peace in their Sessions: And also that the sayd Iustices in their Sessions, and euery Steward or vndersteward, or his Deputy in their law dayes, should haue power by the othes of xij. lawfull men to enquire likewyse of all and singular the heresies felonies, contemptes, and other offences, and to heare and determine the same, to all effectes of this present Acte. &c.

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Prouided withal that no person or persons therupon accused, indited, or presented, shoulde be admitted to chalenge any that should be enpanelled for the tryall of any matter or cause, other then for malice or enuy: Which chalenge should forthwith be tryed in like maner, as in cases of felony. &c.

Prouided moreouer that euery person that shoulde bee named Commissioner in this Inquisition, should first take a corporall oth, the tenor of which oth here ensueth,

The othe of the Commissioners.

MarginaliaThe oth geuen to the Commissioners, to enquire vpon true Christians. YE shall sweare, that ye to your cunnyng, wytte and power, shall truly and indifferently execute the authoritie to you giuen by the kynges Commission, made for correction of heretickes and other offenders, mentioned in the same Commission without any fauour, affection, curruptiō, dread or malice, to be borne to any person or persons, as God you helpe, and all Sainctes.

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And thus much briefly collected out the act and Originals, MarginaliaStatut. an 31. Reg Henr. 8. which more largely are to be seene in the stat. an. 31. Reg. Henr. 8. concerning the sixe Articles, which otherwise for the bloudy cruelty therof are called the whippe with sixe stringes, set forth after the death of Queene Anne, and of good Iohn Lambert, deuysed by the cruelty of þe Bishops, but specyally of the Bishop of Wint. and at length also subscribed by K Henry. But herein, as in many other partes moe, the crafty policye of that Byshop appeared, who like a lurking Serpent, most slyly watching his time, if hee had not taken the King 

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As is often the case with Gardiner, Foxe's innuendo is the only evidence for this incident, but it is not implausible. Henry VIII was notoriously susceptible to face-to-face appeals of this kind at critical moments.

coming out vpon a sodayne, ther where it was (I spare here to report as I herd it) it was thought and affirmed by certayne, which then were pertaininge to the Kinge, that Winchester had not obteined the matter so easely to be subscribed as he did.

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MarginaliaTruth in dāger, lefte desolate. These sixe Articles aboue specyfied, althoughe they cōtayned manifest errors, heresies, and absurdities agaynste all Scripture and learning (as all men hauing any iudgement in Gods word may plainly vnderstand) yet such was the miserable aduersity of that time and the power of darcknes, that the simple cause of truth and of Religion, was vtterly left desolate and forsaken of all frendes. For euery mā seeing the Kinges minde so fully addict vpon politicke respectes, to haue these Articles to passe forwarde, fewe or none in all 

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This is an unduly sweeping judgement. A series of other bishops joined Cranmer in opposing some of the Articles - in particular William Barlow of St. David's, but also Hugh Latimer of Worcester, Nicholas Shaxton of Salisbury, Thomas Goodrich of Ely, John Hilsey of Rochester, and William Benson, abbot of Westminster. National Archives, SP 1/152 fo. 19 (LP XIV (i) 1065); British Library, Cotton MS Cleopatra E.v fo. 138r (LP XIV (i) 1040). Latimer and Shaxton were compelled to resign their bishoprics because, unlike Cranmer, they openly opposed the entire Act in the House of Lords.

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that Parliament would appeare, whiche either could perceiue that was to be defended, or durst defend that they vnderstoode to be true, MarginaliaCranmer stood openly in the Parliamēt agaynst the vj. articles. saue onely Cranmer Archbishop of Canterbury, who then beinge maryed (as is supposed) like a constant Patron of Gods cause, tooke vpon hym the earnest defence of the truth oppressed in þt Parliamēt, three dayes together disputing agaynst those sixe wycked artycles, bringing foorth such allegations and authorityes, as might easely haue helped the cause nisi pars maior vicisset, vt sæpe solet, meliorem. Who in the sayd disputation, behaued hymselfe with such humble modestye, and with suche obedience in wordes toward his Prince, protesting the cause not to be his, but the cause of almighty God, that neither his enterprise was mislyked of the King, and agayn his reasōs and allegations were so stronge, that well they could not be refuted. MarginaliaCranmer willed to depart out of the Parliament house for his conscience. Wherfore the King (who euer bare specyall fauour vnto him) well liking his zealous defence, only willed hym to depart out of the Parliament house, into the Counsell Chamber, for a time (for sauegarde of his conscience) till the Acte should passe and be graunted: MarginaliaCranmer refused to goe out of the Parliament for matter against his conscience. which he notwithstanding, with humble protestation refused to doe.

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After the Parlament was finished, & that matter concluded, the King considering the constant zeale of the Archbyshoppe in defence of his cause, and partly also weighing the many authorities, & the reasons wherby he had substātially

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