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837 [813]

K. Henry. 8. A true defence of Richard Hunne against Alanus Copus.

tirs felow. But what now if I goe further with Mayster Cope, & name Richard Hunne not onely for a martyr, but also commend him for a double martyr? Certes as I suppose, in so saying I should affirme nothing lesse the trueth, nor any thing more then truly may be sayd, and iustly proued. But to geue and graunt this confession vnto the aduersary, which notwithstanding might be easily proued: let vs see now the proofes of maister Cope, how he argueth that Kich. Hunne is no martyr: because saith he, true men being killed in hie wayes by theeues & murderers, are not therfore to be counted martyrs. &c. 

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This is Foxe's loose, but not substantially inaccurate, translation of Harpsfield's 'nisi volumus eos, qui in publiciii viis a latronibus interimuntur, in Martyrum quoque album referre' (Dialogi sex, p. 847).

And was there nothing els in the cause of Hunne, but as is in true men killed by theeues & murderers? They that are killed by theeues and murderers, are killed for some pray, or money about them. And what pray or profit was in the death of Hunne, let vs see, to redound to them whiche oppressed him? If it were the mortuary, or the bearing cloth, that was a small thing, and not worthye his death. If it were the Premunire, the daunger therof perteined to the Priest, and not to them. If they feared least the example thereof once begun, should afterward redound to the preiudice of the whole church, thē was the cause of his death not priuate, but publick, tēding to the whole Church and Clergy of Rome: and so is hys death not altogether like to the death of thē, which for priuate respectes are killed of theeues and murderers.

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But he was an heretique, sayth Cope. By the same reason that Cope taketh him for an heretique, I take hym the more to be accepted for a martyr. For by that waye, which they call heresy, the liuing God is serued, by no way better. MarginaliaThe cause of Hunnes secret murther discussed.And if he were an heretique, why then did they not proceed agaynst him as an heretique while he was alyue? when they had him at Fulham before them, if they had ben sure to entrappe him in that snare, why did they not take theyr aduauntage, when they might with least ieoperdye? why did they not proceede and condemne hym for an heretique? why made they suche haste to preuent his death before? why did they not tary the sentence of the law, hauing the law in theyr owne handes? 

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These are good questions. It may be that the authorities chose to wait until Hunne's praemunire case was settled before trying Hunne for heresy. It may also be that they were reluctant to try Hunne for heresy at all and were intimidating him in the hopes of securing a recantation, or at the least, his silence. What is certain, however, is that Hunne's posthumous heresy trial was an emergency measure triggered by his sudden death and Joseph's sudden flight.

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But belike they perceiued that he coulde not be prooued an heretique while he liued: and therfore thought it best to make him away priuily, and to stop the Premunire, and afterward to stop the pursuite of his death, by making him an heretique: MarginaliaCraftie practise.And therfore were articles deuised by the Chauncellour (as is proued by witnesse of Charles Ioseph and other pag. 785.) agaynst hym, and he condemned for an heretique, and all his fauourers also, he so euer durst styrre to take his part, and so therevpon was committed to the secular power, and burned: Wherin they did him double wrong, first in that they burned him for an heretique, hauing before submitted himselfe to theyr fauourable correction, as it appeareth yet in the Bishops Registers by his owne hand, as it is there pretēded: whiche was agaynst theyr owne lawes. Agayne, if he had not submitted himselfe at that time, yet did they hym wronge to burne him, before they knewe and hearde hym speake (as Tindall sayth) 
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William Tyndale, An Answere Unto Sir Thomas Mores Dialoge, eds. Anne M. O'Donnell and Jared Wickes (Washington, DC, 2000), p. 168.

whether he woulde recant or no. And yet admit that he was condemned and burned for an heretique, yet to be killed and burned of them, for an heretique, that taketh not from him the name of a martyr, but rather geueth him to be a double martir. MarginaliaHunne had doble wrōg But Cope yet proceding in his hoat coler agaynst Rich. Hunne, after he hath made him first no martyr, and then an heretique, thirdly he now maketh him also a murtherer of himselfe, and sayeth, MarginaliaCopes reasons why Hunne should hang him selfe.that no other man was any part of his death, but only his owne handes, and that either for indignation and anger, or for desperation, or for some cause, he knoweth not what. And in his Epilogus to make it probable, he allegeth the example of one, but namelesse, who in Queene Maries time in like sort went about to hang himself, had he not bene taken in the maner, and rescued. 
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Dialogi sex, p. 849.

Furthermore, as touching the Chauncellour, he argueth that there was no cause why he should attempt any such violence agaynst him, both for his age, and for his dignitye, for his learning, and for the greatnesse of his owne perill, which might ensue thereof. Who if he had maligned the man, and had bene so disposed to worke his destruction, had meanes otherwise without daunger, to bring that about, hauing him within his daūger conuict and fast tyed for heresy. MarginaliaCopes reasons aunswered.Wherunto I aunswere, that to all this matter, sufficient hath bene aunswered by the story it selfe of his death, aboue specified. MarginaliaProufes that Hunne dyd not hange himselfe.Whereby the maner of his death, by circumstaunces of his handling, and hanging, by his necke broke, by his bodye loose, by his skinne fretted, by his wristes wroung, by his gyrdle in such shortnesse double cast about the staple, by his cap right vpon his head, by his heare kemmed, by his eyes closed, by the cake of bloud founde in the floore, by his Shyrt coller, Doublet, Iacket, and other outwarde partes of his garmentes without drop of bloud vnspotted, by the stoole sostanding vpon the bolster, by the Chauncellours Murrey gowne found the day after vpon the stockes 
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The coroner's jury declared in their verdict that there was a murrey (i.e., a mulberry coloured) gown lying on the stocks in Hunne's cell, although they also declared that the gown was whisked away from the cell before the jury visited it. The jury clearly suspected that the gown belonged to Horsey but they explicited stated that there was no proof of this. Foxe is accepting as absolute fact that the gown was present in Hunne's cell and that it belonged to Horsey.

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, the waxe candle fayre put out: furthermore by the verdict of the inquest, by the attestatiō of the witnesses sworne, by the Crowners iudgement, by the assent of the Parliament, by the kynges Letters assigned, and broade Seale of restitution of hys goodes: and finally by the confession of the partyes themselues whiche murthered him. &c. and yet thinketh Cope to make men such fooles, hauing theyr fiue wits to weene yet that Hunne did hange himselfe, after so many demonstrations and euidences to the contrary, as in euery parte of this storye may appeare. And though it were, as it was vnlike, and hard for a man to beleue, that D. Horsey a man of such age, dignity, and learning, woulde so much forgette himselfe, to attempt such a villany 
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Harpsfield makes this argument in Dialogi sex, p. 848.

, yet so great is the deuil sometimes with man (where GOD permitteth) that he worketh greater thinges then this, and more vncredible. For who would haue thought it like, that Cain woulde euer haue killed Abell his owne naturall Brother? whiche was more then a Byshoppes Chauncellour to kyll a Citizen: yet so he did. MarginaliaManifest vntruth in Cope.And where Cope pretendeth the causes of anger, and desperation whereby Hunne did hang hymselfe: how is it like, or who did euer heare, a man beinge in such extremity of desperation, to stand first trimming himselfe, and kemming hys head, before he goe to hang himselfe? MarginaliaAn other vntruth noted in Cope.No lesse credite is also to be geuen to that whiche followeth in the same Cope, where he sayth, that Richard Hunne being in prison, was conuict of heresye 
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Harpsfield, at one point, speaks erroneously of Hunne as having been 'held in prison and convicted of heresy' [haereseosque convictum et constrictum teneret] (Dialogi sex, p. 848). Foxe is correct to point out that Hunne was only convicted of heresy posthumously.

. By the which word conuict, if he meane that Hunne was proued an heretique, that is false, for that he being at Fulham examined vpon certayne Articles, both denyed the Articles to be true, as they were obiected, and also if they were true, yet he submitted himselfe to theyr fauourable correction, and therefore not standing obstinately in the same, coulde not be proued an heretique. And if by this terme conuict, he meane that he was by sentence cast, so was Hunne neuer cast by any sentence for an heretique, so long as he lyued, but after his death, when he coulde nothing aunswere for himselfe. And because this vntrueth should not goe wythout his felow, MarginaliaCope hudleth vp vntruthes.see howe he hudleth vp one false narration in the necke of another: affirming moreouer, that Hunne was cast in prison, before he entred his suite of Premunire agaynst the Priest. MarginaliaAn other vntruth noted in Cope.Which is vtterly false and vntrue, both disagreeing to other storyes, and also refuted by the words of Syr Thomas Moore his owne authour, who reporteth that Hunne (in suing his Premunire agaynst the Priest) being set vpon a glory of victorye, made his boasting among his frendes, that he trusted to haue the matter long spoken of, and to be called Hunnes case. 
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See Dialogi sex, pp. 848-9. Harpsfield is, as Foxe declares, is repeating More (see CWTM, 6, I, pp. 326-7).

Hæc Morus. Whereby it appeareth, that Hunne was not then in prison clapt vp for heresy: but was abroad seeking counsell among the Lawyers, and boasting among his friendes, as writeth MarginaliaTho. Morus. Dial. Lib. 3.More Lib. 3. Dial. 1.

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After this heape of vntruthes aboue passed, MarginaliaAn other vntruth in Cope noted.adde yet further an other copy of Copes false dealing: who seeking all corners, and euery where how to picke matter agaynst my former history 

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I.e., the 1563 edition.

, chargeth me with arrogancy, as though I tooke so highly vpon me to vndoe & derogate the kinges acts and iudgements in the acquittal of D. Horsey. If it so pleased the king to acquite D. Horsey, by his gracious pardon, 
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Technically, Horsey was never pardoned. He was acquitted by means of a directed verdict.

I am not agaynst it, neither do I deny but the king so did, neyther do I say, nor euer did, but the king of his supereminent prerogatiue may so do: & wherein then do I vnrippe or loose the kinges actes here done & concluded? MarginaliaAnswere to Copes cauiltion.But if the question be this, whether D. Horsey with his coniurates did kill Richard Hunne or no: then do I say, that the pardon of the king doth not take away the veritye of the crime cōmitted, but remoueth away the penalty of the law deserued: and so if the life of them was saued by way of pardon (as M. Moore himselfe seemeth not to denye) 
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See CWTM, 6, I, p. 325, for More explaining that Hunne's accepting what was, in effect, a royal pardon did not necessarily mean that Horsey was guilty.

thē was it not through theyr innocency clayming iustice, that they escaped, but through petition standing neede of mercy. For what needeth pardon, where iustice absolueth? yea, who sueth pardon, but in so doing must yeld himselfe guilty? for pardon neuer commeth lightly eyther with God or man, except the crime first be confessed. Wherfore, if they escaped by iustice, as Cope pretendeth: how then doth M. Moore say, they were saued by pardon? MarginaliaThe escaping of Horsey came rather of fauour, then of his demerites.And if they escaped by pardon, how then doth Cope say, they were not guilty? And be it admitted, that the sentence of the kinges Attorney, in the kinges name did absolue them as vnguiltye, according as the king was then informed by the Cardinall and suite of frendes: yet afterwarde the king being better informed by the Parliament, and the truth better knowne, detested and abhorred their fact, and yet continued his pardon vnto thē, as by the kings owne actes and his broad seale appeared, yet remayning in recordes to be seene.

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And
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