Geoffrey Chamber gentleman Edvvard Stockmore gentleman William Browne gentleman Iaspar Leake gentleman Thomas Billington gentleman Iohn Parnel gentleman Richard Bellame gentleman George Stoakes gentleman These I say going togeather and staying scarce one quarter of an hower for they knew what the king would haue donne in that Case returned with their verdict Guiltie Wherefore the Lo Chancellour as Chiefe Iudge in that matter beganne presently to proceede to Iudgemēt which Sir THOMAS hearing sayd vnto him My Lord when I was towards the law the manner in such cases was to aske the prisonner before sentence whether he could giue anie reason why Iudgement should not proceede against him Vpon which words the Lo Chancellour staying his sentence wherein he had alreadie partely proceeded asked Sir THOMAS what he was able to say to the contrarie who forthwith made answer in this sorte For as much as my Lords this Inditement is grounded vpon An acte of Parlement directly repugnant to the lavves of God and his holie Church the supreme gouernement of vvhich or of anie parte thereof no Temporall person may by anie lavv presume to take vpon him that vvhich rightfully belongeth to the Sea of Rome vvhich by speciall prerogative was granted by the mouth of our Sauiour Christ himself to S. Peter and the Bishops of Rome his successours only vvhilst he liued and vvas personally present here vpon earth it is therefore amongst Catholike Christiās insufficient in lavv to charge anie Christian man to obey it And for proofe of this sound assertion he declared amongst manie reasons sound authorities that like as this realme alone being but one member and a small parte of the the Church might not make a particular lavv disagreing with the generall lavv of Christ's vniuersall Catholike Church no more then the Cittie of London being but one member in respect of the vvhole realme may enact a lavv against an Act of Parlement to binde thereby the vvhole kingdome So shevved he further that this lavv vvas euen contrarie to the lavves and statutes of this our realme not yet repealed as they might euidently see in Magna Charta vvhere it is sayd that Ecclesia Anglicana libera sit habeat omnia iura integra libertates suas illaesas And it is contrarie also to that sacred oath vvhich the king's highnesse himself and euerie other Christian prince alvvaies receaue vvith great sollemnitie at their Coronatiōs Moreouer he alleaged that this realme of England might vvorse refuse their obedience to the Sea of Rome then anie childe might to their naturall father For as S. Paul sayd to the Corinthians I haue regenerated you my children in Christ so might that vvorthie Pope of Rome S. Gregorie the Great say to vs Englishmen yee are my Children because I haue giuen you euerlasting saluation For by S. Augustin and his follovvers his immediate messengers England first receaued the Christian Faith vvhich is a farre higher and better inheritance then anie carnall father can leaue to his children for a sonne is only by generation vve are by regeneration made the spirituall Children of Christ and the Pope To these wordes the Lo Chancellour replied that seing all the Bishopps Vniuersities best learned men of this realme had agreed to this Act it was much marueled that he alone should so stiffely sticke thereat and so vehemently argue there against it To which wordes Sir THOMAS answered that if the number of Bishopps and vniuersities vvere so materiall as his Lordshipp seemeth to make it then doe I my Lord see little cause vvhy that thing in my conscience should make anie change for I do not doubt but of the learned and vertuous men that are yet aliue I speake not only of this realme but of all Christendome about there are ten to one that are of my minde in this matter but if I should speake of those learned Doctours and vertuous Fathers that are alreadie dead of vvhome manie are Saints in heaven I am sure that there are farre more vvho all the vvhile they liued thought in this Case as I thinke novv And therefore my Lord I thinke myself not bound to conforme my conscience to the Councell of one realme against the generall consent of all Christendome 5. Now when Sir THOMAS had taken as manie exceptions as he thought meete for the auoyding of this Inditement and alleaging manie more substantiall reasons then can be here sett downe the Lo Chancellour hauing bethought himselfe and being loath now to haue the whole burthen of this Condemnatiō to lye vpon himselfe asked openly there the aduise of my Lo Chiefe Iustice of England Sr. Iohn Fitz Iames whether this Inditement were sufficient or no who wisely answered thus my Lords all by S. Gillian for that was euer his oath I must needes confesse that if the Act of Parlement be not vnlawfull then the Inditement is not in my conscience insufficient An answere like that of the Scribes and Pharisies to Pilate Yf this man were not a malefactour we would neuer haue deliuered him vnto you And so with yfs and ands he added to the matter a slender euasion Vpon whose words my Lo Chancellour spoke euen as Caiphas spoke in the Ievvish Councell Quid adhuc desideramus testimonium reus est mortis so presently he pronounced this sentence That he should be brought back to the Tower of London by the helpe of William Bingston Sheriffe and from thence drawen on a hurdle through the Cittie of London to Tyburne there to be hanged till he be halfe dead after that cutt downe yet aliue his priue partes cutt of his bellie ripped his bowells burnt and his foure quarters sett vp ouer foure gates of the Cittie his head vpon London-bridge This was the Iudgement of that worthie man who had so well deserued both of the king and Countrie for which Paulus Iouius calleth king Henrie another Phalaris The sentence yet was by the king's pardon changed afterwards only into Beheading because he had borne the greatest office of the realme of which mercie of the king's word being brought to Sir THOMAS he answered merrily God forbidde the king should vse anie more such mercie vnto anie of my friends and God blesse all my posteritie from such pardons 6. When Sir THOMAS had now fully perceaued that he was called to Martyrdome hauing receaued sentence of death with abolde and constante countenance he spoke in this manner Well seing I am condemned God knovves hovv iustly I vvill freely speake for the disburthening of my Conscience vvhat I thinke of this lavve When I perceaued that the king's pleasure vvas to sifte out from vvhence the Popes authoritie vvas deriued I confesse I studyed seauē yeares togeather to finde out the truth thereof I could not reade in anie one Doctour's vvritings vvhich the Church allovveth anie one saying that auoucheth that alay man vvas or could euer be the head of the Church To this my Lo
precisely the king's Supremacie or plainely to deny it Here may we see that those verie men which seemed to crye before vnto him Osanna benedictus qui venit in nomine Domini say here tolle tolle crucifige eum this is the ficklenesse of the worldlie men But to this as appeareth by the examinations sett out at the ende of his English Workes they could neuer bring him because he was loath to aggrauate the king's displeasure against himselfe saying only that the Statute was like a two-edged sworde if he should speake against it he should procure the death of his bodie and if he should cōsent vnto it he should purchase the death of his soule 6. After all these examinations came Mr. Rich afterwards made the Lo Rich for his good seruice donne in this point then newly created the king's Sollicitour Sr. Richard Southvvell and one Mr. Palmer Mr. Secretarie's man were sent by the king to take away all his bookes Mr. Rich pretending to talke friendly with Sit THOMAS sayd thus vnto him as it proued after of sett purpose For as much as it is well knowen Mr. More that you are a man both wise well learned in the lawes of this realme in all other studies I pray you Sir lett me be so bolde as of good will to putt vnto you this Case Admitt there were an act of Parlement made that all the realme should take me for king would not you Mr. More take me for king Yes Sir said Sir THOMAS that I would I putt the Case further sayd Mr. Rich that there were an act of Parlement that all the realme should take me for Pope would not you then take me for Pope For answer sayd Sir THOMAS to your first Case the Parlement may well Mr. Rich meddle with the state of Temporall princes but to make answer to your other Case suppose the Parlement should make a lawe that God should not be God would you then Mr. Rich say that God should not be God No Sir sayd he that would I not For no Parlement can make such a lawe No more reported he that Sir THOMAS should say but indeede he made no such inference as he auouched after to Mr. Rich his face could the Parlement make the king supreame head of the Church and vpon this only reporte of Mr. Rich Sir THOMAS was shortly after indited of high treason vpon the new Statute of Supremacie At this time Mr. Lieutenant reported that Mr. Rich had so vile a smell about him that he could scarce endure him which Sir THOMAS also felt 7. He had a little before this begunne a diuine treatise of the passion of Christ but when he came to expounde those wordes of the Ghospell And they layde hands vpon him and held him these gentlemen tooke from him all his bookes Inke and paper so that he could write no more Which being donne he applyed himselfe wholy to meditation keeping his chamber windowes fast shutt and very darks the occasion whereof Mr. Lieutenant asking him he answered when all the wares are gone the shoppe windowes are to be shutt vp Yet still by stealth he would gett little peeces of paper in which he would write diuerse letters with a coale of which my father left me one which was to his wife which I accounte as a precious Iewell afterwards drawen ouer by my grandfathers sonne with inke 8. What respect Sir THOMAS had not to displease the king in anie of his deedes or answers may be seene by his discreete behauiour in all his proceedings For first in his bookes he neuer handled exactly the Popes Supremacie though vrgent occasion were giuen him by the bookes which he tooke in hand to confute secondly whatsoeuer writing he had touching that Controuersie he either made them away or burnt them before his troubles as also a booke which the Bishopp of Bath had written of that matter thirdly he would neuer take vpon him to aduise any man in that point though much vrged thereto by letters especially of Doctour Willson his fellow prisoner in the Tower knowing himself being a lay man not to be bound to perswade a Clergie man much lesse a Doctour of Diuinitie Fourthly when he was brought from the Tower to Westminster to answer his Inditement therevpon arraigned at the King's-Bench-barre where he had often asked his father's blessing he openly tolde the Iudges that he would haue a bidden in law and demurred vpon the Inditement but that he should haue bene driuen thereby to confesse of himselfe that he had denyed the kings Supremacie which he protested he neuer had donne And indeede the principall faulte there Layde to his charge was that he maliciously traiterously and Diabolically would not vtter his minde of that Oath Whereto Sir THOMAS pleaded not guiltie reserued to himselfe aduantage to be taken of the bodie of the matter after verdict to auoyde that Inditemēt adding moreouer that if only those odious tearmes were taken out he saw nothing that could charge him of anie Treason THE TENTH CHAPTER THE ARRAIGNEMENT condemnation of Sir THOMAS MORE 1. Sir Thomas Mores arraignement at the kings-benche 2. His vvorthy resolute and discreet ansvver to his inditement 3. Maister Riche his false oath against Sir Thomas cleerly reiected 4. The Iurours verdict excepted against by Sir Thomas vvith a noble confession of ecclesiasticall supremacy 5. Sentence of condemnation pronounced against Sir Thomas 6. He deliuereth fully plainly his iudgemēt touching the act and oath supremacy 1. AFter that the king had endeauoured by all meanes possible to gett Sir THOMAS his consent vnto his lawes knowing that his example would moue manie being so eminent for wisedome and rare vertues and could by no meanes obtaine his desire he commaunded him to be called to his Arraignemēt at the kings-bench barre hauing bene a prisoner in the Tower somewhat more then a twelue-moneth for he was Committed about midde-Aprill and this happened the seauenth of May 1535. the yeare following He went thither leaning on his staffe because he had bene much weakened by his imprisonment his countenance chearefull and constant his Iudges were Andley the Lo Chancellour Fitz Iames the Lo Chiefe Iustice Sir Iohn Baldvvin Sir Richard Leister Sir Iohn Port Sir Iohn Spilman Sir Walter Luke Sir Antonie Fitzherbert where the king's Attornye reading a long odious Inditement contayning all the crimes that could be layd against anie notorious malefactour so long as Sir THOMAS professed he could scarce remember the third parte that was obiected against him but the speciall faulte was that of the refusall of the oath as is before spoken for proofe whereof his double examination in the tower was alleaged the first before Cromevvell Thomas Beade Iohn Tregunnell c. To whome he professed that he had giuen ouer to thinke of titles either of Popes or Princes although all the whole world should be giuen him being fully determined only to serue God the
T. M offer proceedeth not of vncertāty but because he was certain his reasons were vnanswerable All Christendom of more autority then all england The oath of succession 2. Sir Tho. Mores imprisonmēt First in Westminster Then by Q. Annes importunity in the Tower His willingnesse to leese all for Christ The vpper garment the porters fee. His mans oath His wonderfull courage 3. His discours with his daughter Margaret Preuēted with prayers The cōfort he found in his emprisonment Fiue reasons vsed by his daughter to make him relēt 1. Obedience to the King 2. Autority of wise mē 3. Only B. Fisher of his mind 4. Him self a lay man 5. against a parlament Sir T. M. answers All the saints of God acknowleged the Popes supremacy Why he neuer touched that point in his writings Motiues with which many deceaue their owne cōsciences He knew not of B. Fishers mind The Doctours of the Church greater then Doctours of England And generall Coūcels then a Parlamēt His trust in Gods mercy against the fear of death A heauēly resignation 4. Sir T. M. prophecieth Q. Annes death His plesant answer to his keepers honest excuse The inconstācy and ignorance of the oath makers His meditation vpon the martyrdom of 24. religious mē Maister Secretary Cromwells visit Sir T. M. writ in the tower his book of comfort 5. A prety dialogue between Sir T. M. and his wife Her worldly obiectiō His heauenly answer Prison as neer heauen as our owne house Eternity to be preferred before temporality An other visit 6. M. Rich his sophisticall case A poor ground for an inditement of treasō 7. A remarkable accident at the taking away his bookes His mery ieast vpō it 8. How great care he took not to offend the king The substance of his inditement 1. The arraignmēt of Sir Th. More His iudges His inditement The iudges charges His Christian resolution 2. Sir Th. his āswer to the inditement 1. How sincerly he had always told the K. his mind touching the marriage The durance of his emprisonment and afflictiōs 2. Why he refused to tell his iudgemēt of the law of supremacy Lay men not touched with that law No law can punish silēce that is without malice Whether his silence were malicious Obediēce first to God and then to man 3. That he neuer counselled or induced B. Fisher. The contents of his letters to the said Bishop 4. The law of supremacy like a two-edged sword 3. M. Riches oath against Sir T. More Euidētly disproued by Sir Tho. Mores oath to contrary By iust exceptiō against the witnesse vnworthy of credit Yf it had been true ther had been no malice Malice in law The improbability of M. Rich his deposition M. Rich his witnesses do faile him 4. The Iurie verdict guiltie Excepted against by Sir Thomas The act of parlament against Gods law No lay man can be head of the churche Against the lawer of the realme Against the kings owne oath Against the peculiar obligation of England to Rome Against all Christendom that euer was 5. The condemnatiō of S. Tho. More By yfs ands but no proofes The sentence Mitigated by the king 6. Sir Thomas fully deliuereth his iudgement of the act of suoremacy to be vnlawfull Against all the churche of God Constācy no obstinacy Sir Tho. Mores blessed charity to his iudges The truth of this relation frō present witnesses of credit 1. The manner of Sir Thomas his returne to the tower His sōne asketh him blessing Great cōstancy courtesy and charity 2. His childrens behauiour to him His daughter Matgarets laudable passion A ponderation vpon this mutuall passiō of Father daughter Cardinal Pooles estimatio of Sir Thomas his death 3. How deuoutly cheerfully he attēded his exequution A pleasaunt cōceipt vpō a leight courtyer His last letters To Antony Bōuise To his daughter Margaret His desito dy vpō the octaue of S. Peter which was also S. Thom. of Canterburys commemoratiō An blessing to his heire God grāted him his desires to dy the day he wished His heir-shirt and discipline 4. Aduertisment giuē him of the day of his death frō the K. Most welcome vnto him The K. willed him to vse but few words at his exequution His wife childrē permitted to be at his buriall His comfortable courage He put on his best apparell that day Liberally to his executiō 5. The forme of his death and martyrdom Persons hired to disgrace him A good cōsciēce He freeth one from the tētation of despaire by his prayers His wordes at his death His prayers Words to the executioner He couereth his eyes himself His happy death 6. The kings sadnes vpō the newes of his exequution The place of his buriall A notable accidēt about his windnig-sheet His bloudy shirt His head His martyrdom encouraged many other to the like Mr. Gardiner Euen his owne Parish-priest 7. A cōsideratiō vpon the blessing which he gaue to his heires children A praise of M. Iohn More sonne heire to Sir Thomas The vnmercifull dealing of K. Hēry with Sir Tho. Mores heires With the Lady his widow M. Iohn More cōmitted to the tower for denial of the oath The imprisonment of his daughter Margaret 8. The fauour and Physiognomie of Sir Tho. More 1. Cardinal Pooles lamentatiō vpon Sir Tho. Mores death 2. Erasmus of Roterdam 3. Doctour Cochlaeus of Germany Iob 12. 4. Bishop Iouius of Italy 5. W Paradin a dearned historiā of France 6. Riuius a Protestāt 7. Charles the Emperour 8. Circumstances notable in the death of Sir Tho. More From the kings part From Sir Thomas Mores part Nota. 9. An apology for his mery iestes A fit cōparison between Catoes seuerity and Sir T. M. his pleasaūt disposition 10. Sir Tho. More a lay man martyr for Ecclesiasticall autority neuer before questioned Epigrammes History of K. Richard the 3. in English and Latin His Vtopia Many deemed Vtopia to be a true nation and country Sheep deuour men in England Sir Tho. More his book against Luther His epistle against Pomeranus His English writings The dialog with the messinger Great sincerity in his writing and loue of the truth He writt neither for gaine nor report His pouerty almost incredible in so greate a man Sir Tho. M. no partiall frind to the clergy Tindals false trāslation of the scripture Cōfuted learnedly by Sir Th. M. The wilfulnes of heretikes Tindal falsifieth Sir T.M. words Tindals maze Tindals māner of amēding Against Frier Barnes his inuisible Churche The notable disagreemēt of heretikes among thēselues Hereticall scoffing Heretikes Hypocrisy Against the supplication of beggars Against Iohn Frith Sir Tho. Mores Apologie How heretikes recite the catholik argumēts Touching the length of Sir Tho. Mores bookes Heretiks blaspheming the fathers vvould thēselues be reuerently handled Whē heretikes railings are to be neglected Heretikes excellent railours The pacificatiō Cōfuted by Sir T.M. The debellation of Salem and Bizance How the Pacifier reconcileth points in controuersy Sir T. M. his book of the blessed Sacrament The heretiks supper of the Lord wants the best dishe Sir Tho. Mores bookes written in the tower Comfort in tribulation Of Cōmunion Of the Passion The excellencn of the booze of Comfort The said book a preparation against the persequutiō which he did forsee Written when he had no book about him Written with cole Like Esaias his cole that purified his lippes