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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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half alive you shall be cut downe and throwne to the ground your bowels to he taken out of your body before you being alive your head to be smitten off and your body to be divided into four quarters and after your head and quarters to be set up where the King shall apoint And God have mercy upon your soule After the pronouncing of this cruell sertence the Lieutenant of the Tower with his band of men stood ready to receive and carry him back again to his prison Be●ore his departure he desired audience of the Commissioners for a few words which being granted he said thus in effect My Lords I am here condemned before you of high Treason for deniall of the Kings Supremacy over the Church of England but by what order of Iustice I l●ave to God who is the search●r both of the Kings Majesty's conscience and yours Neverthelesse being found guilty as it is termed I am and must be consented with all that God shall send to whose will I wholly referre and submit my self And now to tell you more plainly my minde touching this matter of the Kings Supremacy I think indeed and alwaies have thought and do now lastly affirm that his Grace cannot justly claime any such Supremacy over the Church of God as he now taketh upon him neither hath it ever been seen or heard of that any temporall Prince before his daies hath presumed to that dignity wherefore if the King will now adventure himself in proceeding in this strange and unwonted case no doubt but he shall deeply incurre the gri●vous displeasure of Almighty God to the great dammage of his owne soule and of many others and to the utter ruine of this Realme committed to his charge whereof will ensu● some sharp punishment at his hand wherefore I pray God his Grace may remember himself in time and hearken to good counsell for the preserva●ion of himselfe and his Realme and the quietnesse of all Christendome Which words being ended he was conveyed back againe to the Tower of London part on foot and part on horseback with a number of men bearing holberts and other weapons about him as was before at his coming to raignment And when he was come to the Tow●r 〈◊〉 he turned him back to all his tra●●● 〈◊〉 had thus conducted him forward and 〈◊〉 and said unto them My Master● I thank you all for the great labour and paines 〈…〉 with me this day I am not able to give you any thing in recompence for I have nothing left and therefore I pray you accept in good part my hearty thanks And this he 〈◊〉 with so lu●ty a courag● so amiable a countenance and with so fresh and lively a colour as he seemed rather ●o have come from some great feast or banquet than from his arraignment shewing by all his gesture and outward countenance nothing else but joy and gladnesse Thus being after his condemnation the space of three or four daies in his prison he occupi●d himselfe in continuall p●ayer most fervently and although he looked daily for death yet could ye not have perceived him one whit dismayed thereat neither in word nor countenance but still continued his former trade of constancy and patience and that rather with a more joyfull cheere and free minde than ever he had done before which appeared well by this chance that I will tell you There hapned a false rumour to rise sodainely among the people that he should b● brought to his execution by a certain day whereupon his Cook that was wont to dres● his dinner and carry it daily unto him hearing among others of this Ex●cution dressed him no dinner at all that day wherefore at the ●●ook's next repaire unto him he demanded the cause why he b●ought him not his dinner as he was wont to doe Sir said the Cook it was commonly talked all the towne over that you should have died that day and therefore I thought it but in vaine to dresse any thing for you Well said he merrily unto him againe for all that report thou seest me yet alive and therefore whatsoever newes thou shalt heare of me hereafter let me no more lack my dinner but make it ready as thou art wont to do and if thou see me dead when thou comest then eat it thy selfe but I promise thee if I be alive I minde by Gods grace to eat never a bit the lesse Thus while this blessed B●shop lay daily expecting the houre of h●s death the King who no lesse desired his death than himself looked for it caused at last a writ of Execution to be made and brought to Sir Edmond Walsingham Lieutenant of the Tower Bu● where by his Judgement at Westminster he was condemned as ye have read before to Drawing Hanging and Quartering as Traitors alwaies use to be yet was he spared from that cruell execution wherefore order was taken that he should be led no further than Tower-Hill and there to have his Head struck off After the Lieutenant had received this bloody writ he called unto him certaine persons whose service and presence was to be used in that businesse commanding them to be ready against the next day in the morning and because that was very late in the night and the Prisoner asleep he was loath to disease him of his rest for that time and so in the morning before five of the clock he came to him in his chamber in the Bell tower finding him yet asl●ep in his bed and waked him sh●wing him that he was come to him on a message from the King and after some circumstance used with perswasion that he should remember himself to be an old man and that for age he could not by course of Nature live long he told him at last that he was come to signifie unto him that the Kings pleasure was he should suffer death that forenoone Well quoth this blessed Father if this be your errand you bring me no great newes for I have long time looked for this message I most humbly thank his Majesty that it pleaseth him to rid me from all this worldly businesse and I thank you also for your tidings But I pray you Mr. Li●utenant said he when is mine houre that I must go hence your houre said the Lieutenant must be nine of the clock and what houre is it now said he it is now about five said the Lieutenant Well then said he let me by your patience sleep an houre or two for I have slept very little this night And yet to tell you the truth not for any feare of Death I thank God but by reason of my great infirmity and weaknesse The Kings further pleasure is said the Lieutenant that you should use as little speech as may be especially any thing touching his Maj●sty whereby the people should have any cause to think of him or his proceedings otherwise than well For that said he you shall see me order my self as by Gods grace neither the King
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