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A45326 The life & death of that renowned John Fisher, Bishop of Rochester comprising the highest and hidden transactions of church and state, in the reign of King Henry the 8th, with divers morall, historicall and political animadversions upon Cardinall Wolsey, Sir Thomas Moor, Martin Luther : with a full relation of Qu. Katharines divorce / carefully selected from severall ancient records by Tho. Baily ... Hall, Richard, 1535 or 6-1604.; Henry VIII, King of England, 1491-1547. Testamentum.; Bayly, Thomas, d. 1657? 1655 (1655) Wing H424; ESTC R230 97,933 254

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the Body of so incomparable a Soule in the yeare of our Lord God 1519. the third of the Calends of Iuly within the Abbey of S. Peters in Westm. to the great grief and sorrow of all good people but to her own eternal happinesse who before her departure made her last Will and Testament wherein together with other Personages of great quality she made this holy Bishop as one in whom she reposed her chiefest trust one of her Executors She was buried with all solemnity according to the dignity of so great a person in the Abbey church at Westminster at whose Fu●erall Sermon this most excellent Bishop threw these flowers upon her Grave c. As concerning her birth that she was the daughter of Iohn Duke of Somerset lineally descended from the most noble Prince Edward the third King of England As for Quality that she was a second Martha both for her Hospitality and Nobility where together with many other of her great Vertues and incomparable deeds of Charity all which he there related at large as so many proofs of sanctity he had these remarkable passages concerning her viz. that notwithstanding she was Princesse who by lineage and affinity had had thirty Kings and Queens besides Dukes Marquesses and Earles within the fourth degree of marriage supporting her greatnesse yet would she often fall so low as to search and dresse the wounds and sores of poore and distressed people with her own fingers performing all this for his sake who for ours received so many wounds as also when there was an offerture made by divers Princes to warre against the common enemy of our Faith she encouraged them thereunto by often telling them that upon condition that they would got she would also goe along with them and be their Laundresse The Funeralls of this great Lady being ended and that other Colledge which she had willed to be dedicated to S. Iohn the Evangelist being not yet built the rest of her Executors finding how faithfull the good man had been in his former trust by a generall consent resigned into his hands by a publick instrument in writing the whole authority of the disposement of her Leg●cies but behold how worthily the dispensation was conferred upon him for whereas the Lady Margaret out of her great bounty and liberality had given to so pious a use a portion of Land for the maintenance of one Master and fifty Schollers with all manner of furniture and Servants requisite to every Office in manner and forme This good man did not onely bear a portion in the charge of the same Building but much augmented the Revenue thereof with possession of Land whereby four Fellowships were founded upon his own account and one Reader of an Hebrew Lecture and another of Greek together with four examining Readers and four under-Readers to help the Principall and whereas he observed the price of Victuals began to rise he gave wherewith by weekly divident the Fellows commons might be augmented bequeathing thereunto his Library of Books thought to be the best that ever was in Europe after his death together with all his Plate Hangings and other Housholdstuffe whatsoever to him belonging by a deed of gift in his life time under his own hand and putting the colledge into possession of the same by Indentures onely borrowing the same back again to his owne use during his life And for a perpetuall memory of his hearty good will and love towards this Colledge he caused a little Chappell to be built neere unto the high Altar or the great Chappell where there was a Tombe set of white Marble ●inely wrought where he intended to have laid his bones if God had not so disposed of him otherwise but he was otherwise disposed of and as if because this Martyrs body was not permitted to be brought ●mong these men these Fellowes brought their bodies to his Martyrdome for those famous Martyrs Mr. Greenwood Richard Reynolds Doctor in Divinity a professed Monke in Sion of the rule of S. Bridget and Mr. William Exmew a Carthusian professed in London the first whereof came out of S. Iohn's Colledge the other two came forth of Christs all three suffering death under King Hen. 8. in the cause of Supremacy that they might still be of his foundation though not of Stone and Mortar yet of Blood and Fire Out of the first of these two Colleges proceeded likewise Ralph Bayn Bishop of Lichfield Thomas Walson Bishop of Lincolne Iohn Christoferson also Bishop of Chichester Thomas Bishop Elect of Glocester and before that Abbot of Leicester all Catholique Bishops Out of the second also sprang that most Reverend and Grave Doctor Nicholas Heath Archb shop of York together with divers other Grave and Learned Preachers of the Catholick Faith And this is to be noted to the honour of that University that during the space of so many hundred years as is between the laying of the first Stone in this our Bethel Cambridge was never infected with any unsound Doctrine untill such time as Regis ad exemplum brought it in and Luther's Soul was transmigrated into Henry the eighth who ev●r after never spake at a lesser rate than Si● volo sic jubeo who both of them since their fall from the Catholick Church pulled down Reason and set up Will And It is a thing which is most remarkable that he who goard this University so much as it is conceived the more for this mans sake of whom we treat and the great love sake which they all bore unto his memory by his placing and displacing 〈◊〉 men and lawes he pleased and all to make way for a new Religion in the end reconc●led himself● unto the Catholick Faith as appeares by his subscribing to the six Articles of the Roman Catholick Religion which was all the difference that was then between the two Churches in matter of Doctrine as also by the expresse words of his last will and Testament So the first uncleane beast that ever passed through the Oxens-ford I meane Wickliffe by name afterwards chewed the cud and was sufficiently reconciled to the Roman Faith as appeares by his Recantation Living and Dying conformable to the holy Catholick Church at his Parsonage of Litterworth as I take it in Northampton-shire constantly saying Masse unto his dying day So that Reformation as it seems was left unto the time of which it is said Vae Regn● euipuer dominatur woe be to the Kingdome over which a ●hild reignes CHAP. IV. 1. The encrease of Luthers Doctrine 2. 〈◊〉 vigilancy to suppresse it 3. His intention to goe to Rome 4. The occasion of his stay 5. His brave and worthy Speech in the Synod of Bishops NOw was the time come wherein God was determined to make triall of his people and the storme was not altogether unseen to ensue by this good man for by this time the people of this Nation had well drank of the intoxications of Prince Luthers cup but when he perceived the better
place and to promise mountaines of Gold to procure their suffrages in his behalfe and in case they could not prevaile but that the Cardinalls were likely to choose some such man as was not likely to further the Ki●gs designes that they should take up what summes of money they could upon the Kings credit and therewith to raise a presidie as it is termed both in the King Cardinals letters or power of men and taking with them such Cardinals as could be brought to favour their purposes to depart out of the City into some out-place not farre off and there to make a Schisme in the behalf of the Cardinal But there was no need of that advise for the Pope recovered health and lived to finish the businesse though contrary to the Kings expec●●tion wherefore CHAP. IX 1. Cardinall Camp●ius is sent Legate into England to determine the business of Divorce 2. The Embassadours are returned 3. Cardinall Wolsey joyned in Commission with the other Cardinall 4. The Court sits 5. Couns●ll is assigned to both the parties 6. Queen Catharine's speech in her own defence TH Embassadours finding the Pope to be the same man for slownesse as he was when he was tyed by the leg Requested of his Holinesse that he would be pleased to send a Legate into England with full authority to heare and determine the businesse there according to right as he should see cause which was granted and accordingly one Laurence Campeius a well learned man and of undaunted courage to whom the King about ten yeares before had given the Bishoprick of Bath at his being in England upon another occasion was appointed for that negotiation The Embassadours thus returning with a conclusion of a new b●ginning the Kings patience must now rest satisfied with the expectation of the Legates coming which after long expectation he arrived here in England who coming to Lond. was lodged in his own Palace then called B●th-house but before his arrivall a new Comm ssion from the Pope overtooke him at Callis wherein the Cardinall of York was joyned with him in Commiss●on and this was procured by the King wh●reby as he thought his businesse should be ●a●e to meet with the fewer rubber The Cardinals met Audience was given the Commssion was opened the Place assigned the assignement was at the Dominick F●●yers in Lon●on the King and Queene were to be close by at their lodgings at Bridewell The learned Counsell on both sides were appointed The King b●cause he would seeme ind●fferent willed the Q●eene to chuse her Cou●sell the Q●eene would chuse none at all as suspect●ng the indifterency of such as were his owne subjects Wherefore for fashion sake these Counsellours were assigned her Iohn Fisher B●shop of Rochester Henry Staindish Bishop of St. Alaph Thomas Abel Richard Fetherstor Edward Powell all Doctors in Divinity and of C●vili●ns and Canonists William Warham Archbishop of Canterbury Cuthbert Tunstall Bishop of London Nichol●s West Bish of Ely and Iohn Clerk Bishop of Bath for at Campeius his arivall he was translated to the Bishoprick of Salisbury on the Kings part the like number of profound and learned Doctors as well Divines as Civilians and Canonists Silence being proclaimed in the Court and the Commission read the Bishop of Rochester presented the two Legates with a Booke which he had compiled in defence of the Marriage making therewith a grave and learned Oration wherein he desired them to take good heed to what they did in so weighty a businesse putting them in minde of the great and manifold dangers and inconveniences which were ready to ensue thereupon not onely to this Realm but to the whole state of Christendome After this Oration was ended the King was called by name who answered HERE After that the Queen who made no answer but rose immediately out of her chaire and coming about the Court she kneeled downe before ●●he King openly in the sight of both the Legates and the whole Court and spake as followeth Sir I beseech you do me justice and right and take some pity upon me for I am a simple woman and a stranger born out of your dominions and have no friend but you who now b●ing become my adversary Alas what friendship or assurance of indifterency in ●●y counsel can I find hope to amongst your subjects What have I done Wh●rein have I off●nded you How have I given you any occasion of displeasure Why will you put me from you in this sort I take God to my judge I have bin a true humble faithful wife unto you alwaies conformable to your will and pleasure Wherein did I ever contradict or gainsay whatever you said When was I discontented at the thing that pleased you Whom did I love but those whom you loved whether I had cause or not I have been your wife this twenty yeares you have had divers Children by me when you took me first into your B●d I take God to be my witnesse I was a Virgin and whether that be true or no I put it to your conscience N●w if there be any just cau●e that you can alleadge against me either of dishouesty or the l●ke I am contented to depart the Realm and you with sh●me and insamy but if there be no such cause then I pray you let me have justice at your hands The King your Father was in his time of such an excellent wit as that for his wi●domes sake he was accounted a second Solomon and Ferdinand my Father was reckoned to be one of the wisest Princes that reigned in Spaine for many yeares before his daies These being both so wise P●ince● it is not to b● doubted but they had gathered unto them as w●se Counsellours of both Realmes as they in their wisdomes thought most meet and as I take it there were in those dayes as wise and learned men in both kingdomes as there are now to be found in these our times who thought the M●rriage between you and I to be good and la●full but for this I may thank you my Lord C●rdinall of York then her best friend though she knew it not or perhaps was secretly advised to be thus b●tter against him who having sought to make this di●sention betweene my Lord the King and me because have so often f●und f●ule with your pompous v●nity and aspring minde yet I doe not think that this your malice proceeds from you meerly in respect of my self but your chief displeasure is against my Nephew the Emperour because you could not at his hands attaine unto the B●th ●p●ick of Toledo which greedily you desired and after that was by his meanes put by the chief and high Bishoprick of Rom● 〈◊〉 you most ambitiously aspired whereat being sore offended and yet not able to revenge your quarrel upon him the heavy burden of your indignation must be laid upon a female weakness for no other reason but because sh● is his Aunt And these are the manly wayes you take to ease your minde
them so solemne an oath and protestation falling into disputation with the Bishops how farre a temporall Princes power was over the Clergie but the Bishops soon disputed them into having nothing else to say but whosoever would refuse to condescend to the Kings demands herein was not worthy to be accounted a true and loving subject nor to have the benefit of such a one After which nothing could prevaile for then the Clergie answered with unanimous consent and full resolution that they neither could nor would grant unto the King the Suprem●cy of the Church without those conditionall words quantem per legem Dei licet and so the Orators departed relating unto the King all that had passed who seeing no other remedy accepted it with that condition granting unto the Clergie a pardon for their bodies and goods paying him ●00000 l. which was paid every penny CHAP. XVII 1. How Campeius related the whole businesse of the Divorce unto the Pope and was blamed for the same 2. The King send● two Doctors of the Civil law with private C●mmissions to treat with the Pope about the Divorce 3 The Pope solemnly ratifies the Marriage 4. The Sentence it self BUt we cannot well go on with our History except we fi●st arive our discourse within the gates of Rome to observe what account Cardinall Campeius had given unto the Pope of all these proceedings which was no otherwise than what had passed directly here in England which being related to his Holinesse by the Cardinall the Pope blamed him exceedingly for that he had not over-ruled Queen Katharine to have waved her Appeale whereby the businesse might have been determined within the Kings own Dominious for which cause-●ake he sent him thither So sl●ppery is the g●ound whereon M●nisters of state do set their feet in any busin●ss● that his businesse would doe right well to make a separation between them by his definitive sentence the Pope demanded to see their Commission and Authority which they had to treat with him they answered that the Ki●g was by this time grown somewhat unruly and that therefore what they did they did it upon their own score and for the love-sake which they bare unto the common good of the 〈◊〉 Church and for the peace and unity-●ake thereof Then the Pope demanded of them to see the Certificate under the B●sh●ps 〈◊〉 whereby it might appeare that they had so consented to which they answered that they had no such certificate for the present but that they expected such a certific●te daily to come unto them together with a Commission to treat with his Holinesse Whereupon his Holinesse bad them expe●t All this while the King was framing a new Model of a Church and sent these men over on purpose if it were p●ssible to retard all proceeding at Rome untill such time as by a new court of Judicature under a new Supremacy the Marriage should have been adjudged 〈◊〉 b●fore the Popes 〈◊〉 of Ratification which was feared should have made it good All which policies and workings here in England you must not imagine them of Rome to be ignorant of Wherefore the Pope takes the best and most substantiall advise that could be given him and calls unto him not onely his Cardinalls c. but the most able Canonists and Divines that could be heard of and consults with the most famous Universities procuring the censures of the most famous men that had written of this case among the rest the two books of the before-mentioned D● Tunstall Bishop of London and this out Dr. Fisher Bishop of Rochester of which ●ast book if you will believe that reverend and famous Clerk Alphonso de castro it is said of him to be the most excellent and learned of all other works and at last after diligent examination of the businesse 〈◊〉 himself in his Tribunall seat and open consistory by assent and counsel of his 〈◊〉 the Card●●al● pronounced this definitive 〈◊〉 in the cause The words begin as followeth Clemens papa septimus Christi nomine invocato in throno justitiae pro tribunali sedentes c. which in English is thus Pope Clement the seventh We invocating the name of Christ and having for our Tribunall the Throne of Iustice and the glory of the Almighty God onely before our eyes by this our definitive Sentence which by the counsell and assent of our venerable Brethren the Cardinalls of the holy Church of Rome assembled before us in consistory we doe in these Writings pronounce decree and declare in the cause and causes lawfully devolved upon us and the See Apostolique by an Appeal brought before us of our welbeloved Daughter in Christ Catharine Queen of England from the judgements of the Legates deputed by and sent from us and the see Apostolique between the foresaid Queen Catharine and our welbeloved Sonne in Christ Henry the eight the most illustrious King of England upon the validity and invalidity of the Matrimony between them contracted and consummated and upon other matters more largely deduced in the acts of such like cause or causes and committed to our Son Paulus Capissuchus then Dean of the Causes of our h●ly Palace and in his absence to our reverend Father Symoneta B●shop of Pausa●ia supplying the place of one of our Aud●tors of 〈◊〉 said Palace to be heard intrust●d and in our Consistory to be repor●ed and by them to us and the said 〈…〉 and maturely discuss●d du●●ng the time of the matter 〈…〉 that the Matrimony co●tract●● 〈◊〉 the sa●d Queen Catharin● and K. Henry of England with all 〈…〉 of the same was and is Cano●●call and of good force and that they may and ought to enjoy to them their due effects and that the ●ss●e between them heretofore born or hereafter to be born was and shall be l●gitimate and that the ●oresa●d King Henry ought is and shall be ●ound and obliged to cohabit and dwell with the said Queen Catharine his lawfull wife and to entreat her with all Husbandly aff●ction and Kingly honour and that the said King Henry is condemned and by all remedies of Law is to be restrained and c●mpelled as we do condemn constraine and compell him to accompl●sh and ●ulfill all and singular the premises ●ff●ctually and that the molestat●o●s and r●fusalls by the foresaid King Henry by any manner of wayes made to the said Queene Catharine touching the in●alid●ty of the s●id Matrimony and alwaies from the beginning were unlawfull and 〈◊〉 and that perpetuall silence 〈◊〉 all the foresaid matters and 〈…〉 of the said Matrimony 〈…〉 unto the said Henry and 〈…〉 it and that the said King Henry of England be condemned and we doe condemn him in the expences lawfully made before us and our said Brethren in such case on the behalf of the said Queen Catharine the Taxation of which Expences we reserve to our selve till another time So we have pronounced This was published in the Palace of Rome in open consistory the 23. of March in
subscribe your name and put your seale thereto and you would allow the same as if it had been your act and deed then my Lord of Rochester seeing himself so unjustly charged said unto the Archbishop No no my Lord by your ●avour and licence that had been all one and that which you charge me with is not true And as he was proceeding in his speech the King interrupted him saying Well well my Lord of Rochester it makes no great matter we will not stand with you in argument you are but one man amongst the rest if the worst fall out but the rest of the Bishops that had bin dealt with in like manner said not a word so that the fi●st encounter on the Queen● side was not so well performed through want of seconds And this was all that was done for that day CHAP. XI 1. The pleadings of the Counsell on both sides 2. The d●position of the severall Witnesse 3. The honest Plea of Bishop Fisher. 4. The stout Plea of Doctor Ridley 5. Cardinall Wol●ey takes him up 6. The Doctors Reply thereto UPon the second meeting there was much matter propounded by the Counsell of the Kings part concerning the invalidity of the foresaid marriage from the beginning by reason of the carnall copulation there vehemently u●ged to have bin committed between Prince Arthur the Kings brother and the present Queene but being again as vehemently denied by the Queenes Counsell the whole matter rested onely upon proof to this purpose divers witnesses were produced As 1. Agnes the old Datchesse of Norfolk 〈◊〉 d●posed that she was present at the marriage of P●ince Arthur at S● Paul's in London and that sh● saw them both in bed together the next night after they were married the Prince being of the age of fifteen yeares and the Princesse elder 2. George Earle of Shrewsbury who deposed as to the celebration of the Marriage Decimo septimo Henrici 7. 1501. that he was born at Winchester secundo Hen. 7. that he believed Prince Arthur knew the Queen carnally and was able so to doe because he knew his wife before she was sixteen 3. William Warham Archbishop of Canterbury that never liked the marriage and that he told Hen. 7. as much 4. Sir William Thomas Knight who deposed as to the age of the parties and their cohabitation as man and wife five moneths together both at London and in L●dlow 5. Sir Anthony Poynes as to the age onely 6. Thomas Marquesse of Dorset as to age and that he was●of a good sanguine complexion and able as he supposed for the busin●sse 7. Robert Viscount Fir●water as to the age and that the next day after they had been ● bed together he waited on Prince Arthur whiles he was at breakfast where Maurice St. Iohn carved and the Lord Firzwater was Cupbearer where he heard Prince Arthur upon the said Maurice hi● asking the Prince how he had done the last night Answer I have been in Spain the last night 8. Thomas Lord Darcy William Lord Montjoy and Henry Guildford Knights of the Garter little to any purpose but what they had heard by publique fame 9. Charles Duke of Suffolk deposed to the ●ame effect with Mau●i●e S. Iohn and that the Prince soon after beg●n to decay in bodily health which said he as the said S. Iohn related grew by the Prince his lying with the Lady Katharine 10. David Owen as to the age onely 11. Thomas Duke of Norfolk Lord Treasurer of England to the same effect with Maurice S. Iohn by which words he believed that the Prince carnally knew the Lady and because he was of a good complexion and age as he supposed sufficient having performed the like himselfe at the same age 12. Anth Willoughby Kt. that the morrow after the Marriag● in the presence of divers witnesses being in the Privy chamber the Prince called to the s●id Willougby saying Willoughby give me a cup of Ale for I have been in the midst of Spain the last night 13. Nicholas B●shop of Ely that he could say nothing concerning the carnalis copula but that he very much doubted it in regard the Queen often sub testimonio conscientiae suae said to this D●ponent that she was never carnally k●own by Prince 〈◊〉 These things being 〈◊〉 the Bishop of Rochester stood up and spoke in this manner And all this is no more than what hath formerly been deposed examined throughly debated and scanned by the best and l●arnedst Divines and Lawyers that could possibly be got which time I do very well remember and am not ignoranc of the manner of their proceedings when and where all the allegations in respect of what was then produced to the contrary was a ju●lged vain and frivolous whereupon the Marriage was concluded which Marriage was afterwards approved and ratified by the See Apostoa bque and that in such large an lample ma●ner as that I think it a very hard matter now againe to call the same in question before another Iudge Then stood up another of the Q●●enes Counsell Doctor 〈…〉 we have heard how the Queene her selfe here in the face of the whole Court 〈…〉 presence and hearing of the King himself called the great God of heaven and earth to witness that she was a pure Virgin when she first came into the Kings bed and how she put it to his conscience speaking unto him face to face and if it were otherwise we cannot imagine that either the Queen durst so appeale ●●to him or the King so spoke unto if unworthily would not have contradicted her besides we have here the testimony of a most reverend Father who hath deposed upon his oath how the Queen had often 〈◊〉 testimonio 〈…〉 said unto him ●ow that she never had any carnall knowledge of Prince Ar●hur Now my Lords that such a ●rolick or a j●st as that about a cup of Ale or the midst o● Spaine which together with all the rest that hath beene said are but meere conjectures and presumptions should stand in competition with so great a testimony as a soveraigne 〈…〉 attestation of her cause upon the 〈◊〉 conscience and that conscience 〈…〉 such presumption by its own silence 〈…〉 to lay aside all reverence which 〈…〉 power and authority as that all the 〈◊〉 consultations 〈…〉 of all former powers even of the See Apostolique it selfe should become 〈◊〉 by your calling this matter againe into 〈◊〉 is a thing in my conceit ●ost detestable to be rehearsed and a great sha●e to this honourable Court to heare ●uch stuffe ripped up to no other purpose but in contempt of former Power and c●lling the wisdome of our Ancestors and 〈◊〉 together with our owne into question and derision Whereat Cardinall Wol●ey that he might not seeme to say nothing by saying something said unto him 〈…〉 D●mine Doctor magis reverenter No no my Lord said the Doctor there belongeth no reverence to be given at all for an 〈◊〉 matter would be unreverently answer'd Whereupon
it was his secret place of Prayer This Coffer thus fenced about and in so private a place and close unto him every man beleived verily that some great Treasure had been stored up in that same Coffer wherefore because no indirect dealing might be used in defrauding the King in a matter of so great cons●quence a● this was thought to be wherefore witnesses were solemnly called to be present so the Coffer was broken up before them and much paines was taken in ●breaking up th● Coffer but when it was open they found within it instead of gold and silver which they looked for a shirt of haire and two or three whips wherwith he used full often to punish himself as some of his Chaplaine● and Servants have often reported that were neere about him and curiously marked his doings and other treasure than that found they none at all But when report was made to him in his prison of the opening of that coff●r he was very sorry for it and said that if hast had not made him forget that and many things else ●●ose things had not been to be found there at that time After this good B●shop was recovered to some better strength by the help of his Physitians and that he was more able to be carried abroad he was on Thursday the 17. of Iune brought to the Kings Bench at Westminster from the Tower with a huge number of Holberts Bills and other weapons about him and the Ax of the Tower born before him with the edge from him as the manner is and because he was not yet so well recovered that he was able to walk by land all the way on foot he rode part of the way on horseback in a black cloth gown the rest he was carried by water for that he was not well able to ride thorough for weaknesse As soon as he was come to Westminster he was there pres●nted at the Barre before the said Commissioners being all set ready in their places against his coming whose names were these Sir Thomas Audely Knight Lord Chancellor of England Charles Duke of Suffolk H●nry Earle of Comberland Thomas Earle of Wiltshire Thomas Cromwell Secretary Sir Iohn Fitz. Iames Chief Iustice of England Sir Iohn Baldwin Chief Justice of the Common-pleas Sir William Pawlet Sir Richard Lyster Chief Baron of the Exchequer Sir Iohn Port Sir Iohn Spilman and Sir Walter late Justices of the Kings Bench and Sir Anthony Fitzherbert one of the Justices of the Common-pleas Being thus presented before these Commissi●ners he was commanded by the name of Iohn Fisher late of Rochester Clerk otherwise called Iohn Fisher Bishop of Rochester to hold up his hand which he did with a most cheerfull countenance and rare constancy then was his Indictment read which was very long and full of words but the effect of it was thus that he maliciously treacherously fals●ly had said these words The King our soveraigne Lord is not Supreme head in the earth of the Church of England and b●ing read to the end it was asked him whether he was guilty of this Treason or no whereunto he pleaded Not guilty Then was a Jury of twelve men being Free-holders of Middlesex called to try this Issue whose names were these Sir Hugh Vaughan Knight Sir Walter Langford Knight Thomas Burbage Iohn Nudygate William Browne Iohn Hewes Iasper Leak Iohn Palmer Richard Henry Young Henry Lodisman Iohn Elrington and George Heveningham Esquires These twelve men being sworne to trie whether the prisoner were guilty of this Treason or no at last came forth to g●ve evidence against him Mr Rich the secret and close Messenger that passed between the King and him as ye have read before who openly in the presence of the Judges and all the people there assembled deposed and swore that he heard the Prisoner say in plaine words within the Tower of London that he believed in his conscience and by his learning he assuredly knew that the King neither was nor by right could be Supreme head in earth of the Church of Engl. When this blessed Father heard the accusations of this most wretched false person contrary to his former oath promise he was not a little astonied thereat wherefore he said to him in this menner Mr. R●ch I cannot but mervaile to hear you come in and beare witnesse against me of these words knowing in what secret manner you came to me but suppose I so said unto you yet in that saying I commited no Treason for upon what occasion and for what cause it might be said your self doth know right well and therefore being now urged said he by this occasion to open somewhat of this matter I shall desire my Lords and others here to take a little patience in hearing what I shall say for my self This man meaning Mr. Rich came to me from the King as he said on a secret message with commendations from his Grace declaring at large what a good opinion his Majesty had of me and how sorry he was of my trouble with many more words than are here needfull to be recited because they tended so much to my praise as I was not onely ashamed to hear them but also knew right well that I could no way deserve them at last he broke with me of the matter of the Kings Supremacy lately granted unto him by Act of Parliament to the which he said although all the Bishops in the Realme have consented except your selfe alone and also the whole Court of Parliament both spirituall and temporall except a very few yet he told me that the King for better satisfaction of his owne conscience had sent him unto me in this s●cret manner to know my full opinion in the matter for the great aff●●nce he had in me more than any other he ad●ed further that if I would herein frankly and freely advertise his Maj. my knowledge that upon certificate of my misliking he was very like to retract much of his former doings and make satisfaction for the same in case I should so advertise him when I had heard all his message and considered a little upon his words I put him in minde of the new Act of Parliament which standing in force as it doth against all them that shall di●●ctly say or do any thing that is against it might thereby ●ndanger me very much in case I should utter unto him any thing that were offensive against the Law to that he told me that the King willed him to assure me on his honour and in the word of a King that whatever I should say unto him by this his secret messenger I should abide no danger no perill for it neither that any advntage should be taken against me for the same no although my words were never so directly against the Statutes seeing it was but a declaration of my minde secretly to him as to his owne person and for the messenger himselfe he gave me his faithfull promise that he would never utter