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A45227 A seasonable vindication of the supream authority and jurisdiction of Christian kings, lords, parliaments, as well over the possessions as persons of delinquent prelates and churchmen, or, An antient disputation of the famous Bohemian martyr John Hus, in justification of John Wickliffs 17 article proving by 43 arguments taken out of fathers, canonists, school-men, the supream authority and jurisidiction of princes, parliaments, temporal lords, and other lay-men, who have endowed the church with temporalities, to take away and alien the temporal lands and possessions of delinquent bishops, abbots and church-men, by way of medicine or punishment, without any sacrilege, impiety or injustice : transcribed out of the printed works of Iohn Hus, and Mr. Iohn Fox his acts and monuments printed London 1641, vol. I, p. 585, &c : with an additional appendix thereunto of proofs and domestick presidents in all ages, usefull for present and future times / by William Prynne ...; Determinatio de ablatione temporalium a clericis. English Hus, Jan, 1369?-1415.; Foxe, John, 1516-1587. Actes and monuments.; Prynne, William, 1600-1669. 1660 (1660) Wing H3802; ESTC R8509 98,591 126

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appointed how many Souldiers every Bishop Abbot which held of him by Barony should find for the King in times of war from which they were formerly exempted Alexander Bishop of Lincoln Nephew to Roger the great Bishop of Salisbury built three new Castles at Banbury Newark and Sleford which King Stephen seised upon and took from him upon some pretended or actual Misdemeanours together with all the Ammunition and Treasure this Bishop had laid up in them and imprisoned the Bishop himself for holding the Castle of Devises against him and refusing to surrender it till constrained St. Hugh Bishop of Lincoln did much oppose the payment of any Subsidies or Taxes to King Henry the second Richard the first and King Iohn he resisted King Richard the first to his face when he demanded Taxes from his Subjects by means whereof and of another Bishop joyning with him he could gain no moneys from them Whereupon the King in a great rage banished both these Bishops confiscated all their Goods and seised the Goods of the other Bishops who thereupon submitted to the King Hugh Wallis or de VVills Bishop of Lincoln about the year 1209. owning that Arch-traytor Stephen Langhton for Archbishop of Canterbury and receiving his consecration from him contrary to King Iohns expresse command had all his Temporalties seised and himself kept fasting for four years space before they were restored After which he joyning with Lewis the French King and the Barons siding with him against King Iohn he was for these new Treasons not only prosecuted by the King but also excommunicated by the Pope and not absolved till he paid the Pope one thousand Mark and his Legat one hundred Marks sundry other of our Bishops being then fined for the like Crimes and that so deeply that they were compelled to sell all they had to satisfie the King Hugh Burwash Bishop of Lincoln though advanced by the special favour of King Edward the second to that See fell so far into his Royal displeasure within two years after his consecration for some contempts and offences against him that the King seised his Temporalties into his hands for two years space Anno 1324. he being restored to the Kings favour and his Temporalties again the grudge thereof stuck so far in his stomach that none was so forward to assist the Queen with mony armes forces nor so eager against the King to depose him as this Bishop of Lincoln and the Bishops of Ely Dublin and Canterbury by whose assistance and advice the King was not only deposed but murdered Thomas VVatson Bishop of Lincoln in the first year of Queen Elizabeth ●as by the Queen and Parliament deprived of his Bishoprick and committed to Prison for refusing to take the Oath of Allegiance and Supremacy and threatning to excommunicate the Queen for altering Religion King Stephen about the year 1140. banished Nig●llus Bishop of Ely for his Treason and Contempts against him seised his Castles and Temporalties during his life and kept them in his hands at least five years space after his death G●offry Rydel his next Successor commonly called the proud Bishop of Ely had all his Moneys to wit 3060 marks of Silver and 205 pounds of Gold seised upon and confiscated by King RICHARD the first William Longchamp Bishop of ●ly both Protector Chancellour and Chief Justice of the Realm and Popes Legat during King Richard 1. his absence in the holy wars as he seised and spoyled the Temporalties and Goods of Geoffry Plantaginet Archbishop of York stripped him and his Followers of all they had dragged him by his Officers out of St. Martyns Church in Dover by force from the very Altar it self without the least respect to the greatness of his Person or holyness of the Place and thrust him Prisoner into Dover Castle so himself was soon after seised upon dragged by the Heels and imprisoned at Dover by the vulgar Rabble then forced out of the Realm by the Nobles and other Prelates and his Estate confiscated for his intollerable Tyranny and Misdemeanours Eustathius Bp. of Ely for pronouncing the Popes excommunication against King Iohn interdicting the whole Realm had all his Temporalties seised into the Kings hands his Goods confiscated himself forced to fly the Realm and to continue in exile many years all the Prelates and Clergy of England confederating with him herein being likewise commanded to depart the Realm their Possessions Baronies temporalties Goods seised confiscated and all of them put out of the Kings proteon Anno 1208. King Henry the third was so highly offended with Hugh Balsam Bishop of Ely that he seised upon his Temporalties caused all the Woods thereon to be cut down and sold the Parks to be spoyled the Ponds to be fished and wasted and havock to be made of all things for harbouring the Rebels then in armes aganst him Thomas Lilde Bishop of Ely a furious indiscreet Prelate upon King Edward the third his complaint to the Parliament was banished the Court during his life his Possessions seised on by the King till his death Thomas Thurlby Bishop of Ely for denying the Oath of Supremacy and opposing the reformation of Religion intended by Queen Elizabeth was committed Prisoner to the Tower and deprived of his Bishoprick by the Parliament in the first year of Queen Elizabeth with other Popish Bishops deprived for the like offences the same year Walter Stapleton Bishop of Exeter Anno 1326. was assaulted by the people in London at the North-door of Pauls and dragged thence by them into Cheapside by the heels where they proclaimed him an open Traytor a Seducer of King Edward the second who left the charge of the City to him and a Subverter of their liberties after which stripping him of his Pontifical Garments they took off his Head from his Shoulders and set it on a Poll for a spectacle that the remembrance cause of his death never questioned might continue Living the 23d Bishop of Worcester Anno 1040. was accused by Elfrick Archbishop of York for procuring the death of Alfred eldest Son of Ethelred Whereupon King Hardeknute degraded him and gave his Bishoprick to Elfrick So Alfred Bishop of Worcester for his misdemeanours and opposition against King Hardeknute and having likewise a hand in the death of his half Brother Alfred was expulsed that See till his money purchased his peace Maugere the third Bishop of Worcester being one of the four Bishops who excommunicated King Iohn and put the whole Kingdom under an Interdict Anno 1208. had all his Goods confiscated his Temporalties seised by the King and being forced to fly the Realm for these misdemeanours died in exile Raynelmus the 30. Bishop of Hereford receiving his investiture from King Henry the first by the delivery of a Ring and Crosier according to the Law and Custom of that Age and afterwards resigning them into the Kings hands again to pleasure Anselme against the Kings Prerogative the King was so highly offended with him as he had just cause that
taken away and setled in the King his Heirs and Successors And no longer since than 21 Iac. c. 30. York-house in the Strand was by special Act of Parliament by way of Exchange taken from the Archbishop of York and setled on King Iames his Heirs Successors and Assigns and after that on the Duke of Buckingham upon pretext that it was for the benefit of the Archbishops By all which Acts and Presidents it is most evident that our Kings Parliaments and Temporal Lords may not only seise sequester the Temporal Lands Goods Estates of Bishops and Church-men in cases of Delinquency and Contumacy but likewise substract alienate and sell them to supply the necessities of the King and Kingdom in times of war and extreme necessity without Sacriledge or Impiety which should cause our present Archbishops Bishops and Cathedralment to carry themselves with greater Loyalty and Dutifullnesse towards his Sacred Majesty with greater humility sobriety meeknesse and respect towards the Temporal Lords Commons and People than their Predecessors have done and make them very carefull of giving just offence or provocation to all or any of them especially at this present juncture of our Ecclesiastical and Civil Officers in so hopefull a way of future Settlement if their pride avarice ambition or indiscretion do not interrupt them 7ly That Archbishops Bishops Deans and Chapters themselves by their common consent may lawfully alienate sell and give away not only their Lands and Possession which were never solemnly consecrated but even their very consecrated Chalices Vestments and Ornaments of their Churches themselves though more peculiarly consecrated by Episcopal benedictions more immediately devoted to Gods service than their Lands and other Temporalties and that in cases of publick necessity or charity as to relieve the Poor in time of famine to redeem Captives to ransom their lawfull Kings to support their decayed Patrons and Benefactors to defend their native Country against invading Enemies or Christians against Infidels to prevent a greater mischief and for the benefit of the Church in general as sundry antient Councils and the Popish Canonists themselves have resolved Yea by the Popes consent without any of these Causes our Archbishops and Bishops might alienate sell morgage give away and dispose of the Lands belonging to their Bishopricks as the express clause in their Oath to the Pope not to do it without the Popes council and consent imports When our King Richard the first was most injuriously taken in his return from the Holy Land and for a whole year and three months space kept Prisoner by the Emperour of Germany and at last put unto a ransom of one hundred thousand pounds of Silver after the weight of Colen Anno 1093 the Kings Collectors being unable to levy so great a masse of moneys thereupon Majores quidem Ecclesiae thesauros ab antiquis congestos temporibus Ecclesiae Parochiales argenteos calices praemiserunt the Archbishops Bishops Abbots and Priors of all Conventual Churches gave the fourth part of their annual Rents and other inferiour Clergy-men the Tenth of their Tithes and the Cistercian Monks all their Wools towards his speedy ransom Yea the Chronicle of Brompton and others inform us that the Kings Collectors wanting monies after a double exaction of what they could scrape together from all parts Postrenis ut nulla vacaret occasio ad vasa sacra et utensilia Ecclesiae ventum est Ieaque per omnem Anglica regni latitudinem sacri Calices exactoribus regiis traduntur vel paulo infra pondus redimuntur Vasa etiam alia Cruces Praelatorum anu●● cum auro de Sanctorum fere●ris abra●o sunt conflaia Nec erat hoc secundum Patrum decreta illicitum cum urgen●tisimus necessiiatis ar●●enlus instaret Nec ulla erat distin●●●o in this necessity Clerici Laici secularis religiosi rustici urbani s●à omnes indifferenter juxtà substantiae suae vires vel redditum quantitatem pro redemptione Regia portionem suam solvere cogebantur Privilegia Praerogativae Iunnunitates Ecclesiarunt tunc silebant penitus et vacabant Omnis enim dignitas libertas os suam oppilabat Cisterciensis quoque ordinis Monachi qui ab omni exactione Regie hactenus immunes extiterant tantò magis tunc onerati suerant quantò minus antea publici oneris senserant gravitatem Exacti quoque conctilanam suarum ovium resignarunt And should not our Bishops and Cathedral men now for and towards his Majesties most glorious redemption and his three whole Kingdoms ransom from near twelve years exile and captivity and for the future settlement of our Churches Kingdoms in sound and lasting peace in pursuance of his Majesties most gracious Declarations and Engagements at Breda and the Generals Parliaments Engagements before his happy return into England to give competent satisfaction to Purchasers of their Lands not only part with their antient Treasures Chalices Miters Crosiers Church Ornaments Copes but likewise with their late alienated Temporalties and Revenues for competent terms of years of lives reserving the antient or an improved rent rather than violate the publick saith peace of the King Kingdom Parliament oppugn his Majesties royal Commands the Lords Commons Parliaments Souldiers and Peoples desires by unreasonable demands or indiscreet covetous and violent proceedings against Purchasors and Tenants which may indanger if not demerit the forfeiture reseisure and new sales of all their Lands and Temporal Revenues in case of obstinacy and dis-satisfaction herein The rather because our Bishops by the Laws of England before the Statute of 1. Iac. c. 3. and other restraining Acts might with the consent of their Deans and Chapters not only lawfully lease their Lands for how many years or lives they pleased but likewise alien and sell the Inheritance thereof or charge them with what Rent-charges they pleased especially by the Kings consent as the grant of a Rent-charge out of the Glebe of a Parsonage by the Patron or Ordinary in time of vacancy or of the Parson Patron and Ordinary joyntly to a Layman shall bind the Successours in perpetuity as is evident by the Statutes of 37 H. 8. c. 16. 1 Jac. c. 3. 33 H. 8. c. 31. Littleton sect 648. Cooks 1. Institutes f. 343 344 44 45. and many other Lawbooks Not to adde many Presidents to those forecited in so clear a case it is registred by Bishop Godwin of Iohn V●sly Bishop of Exeter in King Edward the 6th his Reign That of all the Bishops of the Land he was esteemed the best Courtier being better liked for his civil Behaviour than his Learning which in the end turned not so much to his credit as to the spoyle of his Church for of twenty two Lordships and Manors which his Predecessors had left unto him of a goodly yearly Revenue he left but three and them also leased out and where he found 13. Houses and Palaces too many by 12. for any one Apostolical Bishop well
Benefices and other promotions ecclesiastical and dispensations made according to the form of the Act of Parliament may be likewise confirmed That all judicial Processes made before any Ordinaries of this Realm or before any Delegates upon any Appeals according to the order of the Laws of the Realm may be likewise ratified and confirmed And finally where certain Acts and Statutes have been made in the time of the late scisme concerning the lands and hereditaments of Archbishopricks and Bishopricks the suppression and dissolution of Monasteries Abbyes Priories Chauntries Colleges and all other the Goods and Cattels of religious Houses Since the which time the right and dominion of certain Lands and hereditaments goods and cattels belonging to the same be dispersed abroad and come to the hands and possessions of divers and sundry persons who by gift purchase exchange and other means according to the order of the Laws and Statutes of this Realm for the time being have the same For the avoiding of all scruples that might grow by any the occasions aforesaid or by any other wayes or means whatsoever It may please your Majesties to be Intercessours Mediatours to the said most reverend Fathers Cardinal Pole that all such Causes and Quarrels as by pretence of the said scisme or by any other occasion or mean whatsoever might be moved by the Popes holynesse or Sea Apostolike or by any other Jurisdiction Ecclesiastical may be utterly removed aud taken away so as all persons having sufficient conveyance of the said Lands and hereditaments Goods and Cattels as is aforesaid by the Common Laws Acts or Statutes of this Realm may without scruple of Conscience enjoy them without impeachment or trouble by pretence of any general Councel Canons or Ecclesiastical Laws and clear from all dangers of the censures of the Church And conformable hereunto the Bishops and Clergy of the Province of Canterbury have presented to your Majesties a supplication in this tenour that followeth Nos Episcopi Clerus Cantuariensis provinciae in hac Synodo more nostro solito dum Regni Parliamentum celebratur congregati cum omni debita humilitate reverentia exponimus Majestatibus vestris quòd licet Ecclesiarum quibus in Episcopos Decanos Archidiaconos rectores vicarios praefecti sumus animarum quae nobis curae nostrae subjectae sunt earundem bonorum jurisdictionum jurium ex sacrorum Canonum dispositione defensores et curatores constituti sumus et propterea ipsarum bona jurisdictiones et jura in pernicioso hujus Regni praeterito scismate deperdita et amissa omni studio totis nostris viribus recuperare ad pristinum Ecclesiarum jus revocare juris remediis niti deberemus Nichilominus tamen habito prius per nos super hac re maturo Consilio deliberatione ingenuè fatemur nos optimè cognoscere quàm haec bonorum Ecclesiasticorum difficilis quasi impossibilis esset recuperatio propter multiplices ac pene inextricabiles super his habitos contractus dispositiones quòd si ea tentaretur quies tranquillitas Regni facilê perturbaretur vnitas Ecclesiae Catholicae quae jam pietate aucthoritate Majestatum vestrarum hoc in Regno introducta est cum maxima difficultate suum debitum progressum finem sortiri non posset Ideo nos bonum quietem publicam privatis commeditatibus salutem tot animarum praecioso Christi sanguine redemptarum terrenis bonis anteponentes non quae nostra sed quae Iesu Christi sunt quaerentes Majestates vestras enixè rogamus eisque humiliter supplicamus ut reverendissimo in Christo patri Domino Reginaldo Cardinali Polo ad ipsas universum hoc Angliae regnum sanctissimi Domini nostri Domini Iulii Papae tertii Apostolicae sedis de latere legato haec nomine nostro insinuare apud eum intercedere dignentur ut in hiis bonis Ecclesiasticis in parte vel in toto arbitrio suo juxta facultates sibi ab eodem sanctissimo Domini nestro Papa concessas eorundem bonorum detentoribus clargiendis et relaxandis publicum bonum privato pacem tranquillitatem dissidiis perturbationibus atque animarum salutem bonis terrenis prae●erre anteponere velit Nos enim in omnibus quae ab ipso legato statuta ordinata circa haec bona fuerint exnune prout extune econtra consensum nostrum praestamus imo etiam ut in praemissis se difficilem aut restrictum reddere non velit Majestates vestrae nostro nomine cum hortari rogare dignabuntur Forasmuch as the said most Reverend Father the Lord Legate at the intercession of your Majesties hath by the authoritie of the Sea Apostolike sufficiently dispensed in the matters specified in the said several Supplications as in his said Letters of Dispensation is contained more at large The tenour whereof ensueth Reginaldus miseratione divina Sanctae Mariae in Cosmodin Sanctae Romanae Ecclesiae Diaconus Cardinalis Polus nuncupatus ad Serenissimos Philippum Mariam Angliae Reges fidei defensores universum Angliae regnum Sanctissimi Domini nostri Papae sedis Apostolicae de latere legatus eisdem Serenissimis Philippo Mariae Regibus salutem in Domino sempiternam Cùm supremum Consilium istius regni Parliamentum nuncupatum Majestatibus vestris per suos supplices libellos exposuisset quòd perniciocissimo scismate in hoc regno aliàs vigente quod nunc dei mis●ricordia Majestatum vestrarum pictate extinctum est aucthoritatem ipsius Parliamenti nonnulli Episcopatus divisi ex his aliquae inferiores Ecclesiae in Cathedrales erectae scholae atque hospitalia fundata necnon plurimae dispensationes beneficiorum provisiones sactae fuerunt ac multae personae quibus persuasum suerat Iuris Canonici dispositiones hoc in Regno amplius locum non habore inter se in gradi●us consunguinitatis vel assinitatis de jure prohibitis aliis impedimentis Canonicis f●●i obstantibus watrimonia per verba de praesentii contraxerunt multi actus judiciarii processus ram in primis quam vlteriori us instantiis super rebus spi●itualitus Ecclesiasticis coram Iudicibus tam Ordinariis quam delegatis qui authoritate laicali procedebant habiti servati ad super eis etiam sententiae ●atae promulgatae fuerunt bona Ecclesiastica per deversas einsdem regui personas occupata apprehensa fuerunt Quae quidem licet ex sacrorum Canonum institutis irrita declarari possent tamensi ad alium statum quam in quo nune sent revocarentur publica pax quies universi regni turbaretur maxima confusio oriretur praesertim si dictorum honorum possessores molestarentur propteria majestatibus vestris humiliter supplicaverint ut apud nos intercedere dignentur at premissarum rerum firmitati stabilitati simul hujus
he presently banished him the Realm and seised his Temporalties Giles de Bruse Bishop of Hereford for siding with the Barons in their wars against King Iohn and consenting to the Interdict had all his ●oods and Temporalties seised and was banished the Kingdom by King Iohn Peter de Eveblancks 42. Bishop of Hereford for his intollerable Oppressions Treacheries and Exorbitances was arrested by the Barons in the year 1263. in his own Cathedral Church where they seised upon his Goods divided his Treasure amongst their Souldiers before his face and then imprisoned him a long time in Ordley Castle as a mere Pest and Traytor both to Church and State Adam de Orlton or Tarleton the 46. Bishop of Hereford was arrested of High Treason for aiding the Mortymers with men and armes against King Edward the second and being indicted and brought to the Kings-bench Bar at Westminster to be arraigned for this Treason the Archbishops of Canterbury York and Dublin accompanied with their Suffragan Bishops came forcibly with their Crofiers rescued took him away from the Bar and protected him from the Kings Justice but the Indictment being found true upon proof his Temporalties were thereupon seised into the Kings hands till by this Bishops instigation he was deposed from the Crown and soon after murdered by his advice When Queen Isabel and her Son Prince Edward were with their Army at Oxford this Bishop steps up into the Pulpit and there taking these words for his Text My Head grieved me he made a long Discourse to prove That an Evil Head not otherwise to be cured must be taken away applying it to King Edw. the 2 d. that he ought to be deposed and afterwards he counselled the Queen to depose make him away which being effected at Berkley Castle by thrusting a hot Spit into his fundament none then appeared so earnest a Prosecutor of these Murderers as this Traitorous Bishop who set them on work to whom when many of his own Letters were produced and shewed concerning this most traytorous inhuman Act he eluded them by sophistical interpretations and utterly denyed he was any way consenting thereunto when as in truth he was the chief occasion and adviser thereof Iohn Trevenant the 51. Bishop of Hereford was one of the prime Actors in the deposition of King Richard the second and setting up King Henry the 4th in his Throne for which he demerited not only a sequestration of his Temporalties but a Decollation though he escaped both Charles Booth Bishop of Hereford was excepted out of the General pardon of the Praemunire granted by King Henry the 8th to the Clergy in Parliament 22 H. 8. c. 15. for which his Goods and Temporalties were confiscated to the King Agelrick Bishop of the South-Saxons since Chichester was deprived by VVilliam the Conqueror Anno 1078. with sundry other Bishops and Abbots in the Councils of VVinchester and VVindsor for their Treasons and Conspiracies against him and afterwards imprisoned Thomas Rushock the 20th Bishop of Chichester a lewd pernicious Prelate Anno 1388. was banished the Court as a Traytor and pernicious Counsellor to King Richard the second his Lands and Goods confiscated himself banished and deprived of his Bishoprick by Act of Parliament and had suffered death too as a Traytor but that his Guiltiness made him fly before he could be apprehended Richard Sampson the 37th Bishop of Chichester Anno 21 H. 8. was committed Prisoner to the Tower for relieving certain trayterous Persons who denyed the Kings Supremacy George Day Bishop of Chichester Octob. 10. 1551. was deprived of his Bishoprick for denying the Kings Supremacy maintaining the Popes and other Misdemeanours and his Temporalties seised Iohn Christopherson Bishop of Chichester was deprived of his Bishoprick by Act of Parliament 1 Eliz. for denying the Queens Supremacy and to take the Oath of Supremacy and Allegiance Henry Spencer Bishop of Norwich a Martial Prelate more imployed in the Field than in the Pulpit and the Popes General against the Flemmings Anno 1385. had all his Temporalties seised into the Kings hands for two years for raising an Army and passing the Seas without and against King Richard the second his command and was likewise questioned fined and ransoned in Parliament for his misdemeanours in that military imployment Alexander Bishop of Norwich being elected by the Monks against the Kings consent Anno 1406. had his Temporalties kept from him by the King and his Person imprisoned at Windsor almost a year Richard Nyx Bishop of Norwich in the 25 of H. 8. was attainted in a Praemunire put out of the Kings protection his Person imprisoned his Lands Goods and Chattels seised and forfeited to the King for citing the Maior of Thetford into his Spiritual Court and forcing him to revoke a Presentment upon Oath contrary to Law Hugh Novant Bishop of Chester or Coventry and Litchfield as some stile him for conspiring with the King of France and Earl Iohn against his Soveraign King Richard the first to detain him still in Prison and plotting all the Mischief he could for the destruction of the King and Kingdom was in a Grand Parliamentary Council held at Nottingham about the year 1198. adjudged to Ecclesiastical censures and the seisure of his Temporalties as a Bishop and also to banishment and a Fine of 5000 Marks by the Temporal Lords as an Officer to the King VValter Langton Bishop of Chester by King Edward the second his command was arrested by the Constable of the Tower and imprisoned above two years space in several Castles his Lands and Temporalties seised into the Kings hands his Goods confiscated and after that compelled to answer to divers hainous Crimes whereof he was accused Cutbert Scot Bishop of Chester for his disobedience to Queen Elizabeth was committed Prisoner to the Fleet and displaced Edilred King of M●rcia for some just displeasure against Putta Bp. of Rochester burned his Church and City and forced him to desert his Bishoprick to which he would never afterwards return Godwin Bishop of Rochester was for many months besieged in his City of Rochester by King Ethelred for some contempts against this King who would not raise his Siege upon any intreaty till the Bishop had submitted himself and likewise paid him an hundred pounds Fine Iohn Fisher Bishop of Rochester was grievously questioned in Parliament by the House of Commons Anno 25 H. 8. for saying That all their doings against the Clergy was for lack of Faith after which he was indicted and condemned of High Treason for countenancing the Revelations of Elizabeth Barton and denying to acknowledge the Kings Supremacy over Ecclesiastical Persons and Causes for which Treason be was executed upon Tower-hill though a Bishop and new-made Cardinal June 21. 1535. and his Head set upon London Bridge Edmond