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A44051 The history of the life and death of Sr. Thomas More, Lord High Chancellor of England in King Henry the Eights time collected by J.H., Gent.; Tho. Mori vita et exitus Hoddesdon, John, fl. 1650. 1662 (1662) Wing H2293; ESTC R9021 72,524 216

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together in one parish whereas your self can well tell I am sorry you compel me to speak it you were alwaies esteemed very light of your tongue a great dicer and gamester and not of any commendable fame either there or at your house at the Temple where hath been your bringing up Can it therefore seem likely to your Honourable Lordships that in so weighty a cause I should so unadvisedly overshoot my self as to trust M. Rich a man alwaies reputed of me for a man of so little truth and honesty so farre above my Soveraign Lord the King to whom I am so deeply indebted for his manifold favours or any of his noble and grave Counsellors that I would declare only to Mr Rich the secrets of my Conscience touching the Kings Supremacy the special point only mark so long sought for at my hands which I never did nor ever would reveal after the statute once made either to the Kings Highnesse or to any of his noble Counsellors as it is well known to your Honours who have been sent for no other purpose at sundry several times from his Majesties person to me in the Tower I refer it therefore to your judgments My Lords whether this can seem a thing credible to any of you And if I had done as Mr. Rich hath sworn seeing it was spoken but in familiar secret talk affirming nothing but only in putting of Cases without any unpleasing circumstances it cannot justly be taken for Maliciously and where there is no malice there ●an be no offence B●sides this My Lords I cannot think that so many worthy Bishops so many honourable personages and so many worshipful vertuous and well learned men as were in the Parliament assembled at the making of that Law ever meant to have any man punished by death in whom there could be found no malice taking Malitia for Malevolentia for if Malitia be taken in a generall signification for any sin no man is there that can excuse himself thereof Quia si●dixerimus quod pecatum non habemus nosmetipsos seducimus verit as in nobis non est Wherefore this word Malitiously is only materiall in this Statute as the word forcible is in the Statute of Forcible Entry for in that Case if any enter peaceably and put his adversary out forcibly it is no offence but if he enter forcibly he shal be punished by that Statute Besides this the unspeakable goodnesse of the Kings Highnesse towards me who hath been so many waies my singular good Lord and gracious Soveraign He I say who hath so dearly loved and trusted me even from my first coming into his Royall service vouchsafing to grace me with the honour of being one of his privie Councell and hath most liberally advanced to offices of great credit and worship finally with the chief dignity of his Majesties High Chancellour the like whereof he never did to any temporal man before which next his Royal Person is the highest Office in this noble Rea●m so far above my merits and qualities honouring and exalting me of his incomparable benignity by the space of these twenty years and more shewing his continual favours towards me and now at last it hath pleased his Highnesse at mine own humble suit to give me licence with his Majesties favour to bestow the residue of my life for the better provision of my soul in the service of God to discharge and disburthen me of that weighty dignity before which he had still heaped honours more and more upon me all this his Highnesse goodnesse so liberally extended to me were in my mind matter sufficient to convince this slanderous accusation so wrongfully by this man surmised and urged against me which I commit to your Lordships honourable considerations whether this Oath be likely to be true or no. Mr. Rich seeing himself so evidently disproved and his credit so foully defaced caused Sir Rich. Southwel and Mr. Palmer who in the time of their communication were in the same Chamber with them to be there sworn what words had passed betwixt them whereupon Mr. Palmer upon his deposition said that he was so busie in the trussing up of Sir Thomas his Books into a sack that he took no heed to their talk Sir Rich. Southwel said likewise that because he was appointed only to look to the conveighing of the Books he gave no ear unto them And after this Sir Thomas alleadged many other reasons in his own defence to the discredit of Mr. Rioh his foresaid evidence and for proof of the clearnesse of his own conscience But for all that ever he could do or say the Jury found him guilty Wherefore the Lord Chancellor as chief judge in that matter began presently to proceed to judgment which Sir Thomas hearing said unto him My Lord when I was towards the Law the mannet in such Cases was to aske the prisoner before Sentence whether he could give any reason why judgment should not proceed against him Upon which words the Lord Chancellor staying his Sentence wherein he had already partly proceeded asked Sir Thomas what he was able to say to the contrary who presently made answer as followeth Forasmuch as my Lords this Inditement is grounded upon an Act of Parliament directly repugnant to the Laws of God and his holy Church the Supreme Government of which or of any part thereof no Temporal person may by any Law presume to take upon him as rightfully belonging to the See of Rome it is therefore in Law among the Catholique Christians insufficient to charge any Christian man to obey He also further declared for proof of his assertion that like as this Realm alone being but one member and a small part of the Church might not make a particular Law disagreeing with the general Law of the universal Catholique Church no more then the City of London being but one poor member in respect of the whole Realm might make a law against an Act of Parliament to bind the whole Realm So also he further shewed that this law was contrary to the laws and statutes of the land yet unrepealed as they might evidently perceive in Magna Charta where it is said Quod Ecclesia Anglicana libera sit habeat libertates suas illaesas And also contrary to that sacred Oath which the Ki●● Highnesse himself and every other Christian Prince alwaies with a great solemnity received at their Coronations Alledging moreover that no more might this Kingdome refuse obedience to the See of Rome then might the child to his natural father To these words the Lord Chancellor replyed that seeing all the Bishops Universities and best learned men of this Realm had agreed to this Act it was much marvelled that he alone should so stifly stick thereat and so vehemently argue there against it To which words Sir Thomas answered That if the number of Bishops and Universities were so material as his Lorship