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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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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
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
some of you my old acquaintance I know you wish me no hurt but a great deale of good and I doe believe that upon the termes you speak of might have the Kings favour as much as ever Wherefore If you can answer me to one question I will p●rform all your desires What 's that my Lord said one and all of them It is this said the Bishop What will it gain a man to win the whole world and to lose his own soule Whereupon after some little talk to no purpose they all left him some of them wishing for their owne security that either they had him in the same danger that they were in or else that they were endued with the same constancy of minde that he was of Now the same God which refused him comfort in his Visitants sent him the consolation of a fellow Sufferer which was Sir Thomas Moore the fame of the world who was now sent to the same prison where he was and for the same cause whereat he seemed to conceive no small joy to whom as soon as opportunity would give leave he sent by his man his most loving and heartly commendations and received the like from him between whom to their comforts there passed sundry Letters for a while untill such time that there was notice taken thereof and one of their Letters intercept●d and carried to the K●ng● Councel which being read although there was not in any part of 〈◊〉 least part of evil yet was it taken in ●vil part and a great charge was given unto their Keepers to restraine them from that lib●rty The B●sh●ps man being clapt up ● close prisoner and threatned to be hanged for carrying L●tters to Sir Thomas Moore asked the Keeper if there were another Act of Parliament come forth whereby a man should be hanged for serving his Master Which coming from a man that was so noted for simplicity set them into such ● laughter that after a little examination as how many Letters he had carried c. he was set at liberty with a strict charge given him that he should carry no more Letters After the King had tried all other waies he sent the Lord Chancelour Audely together with the Duke of Suffolk the Earle of Wiltshire Secretary Cromwell and divers others of the Councel to the B●shop of Roch●ster to certifie him of the new Law that was lately made concerning the Kings Supremacy and the penalty thereof to them that should gainsay it or withstand it and to know in his Maj●sty's name whether he would acknowledge it as the rest of the Lords both spirituall and temporall had done or not to which the B●shop after some pause replied unto them My Lords you present b●fore me a two-edged sword for if I should answer you with a disacknowledgement of the Kings Supremacy that would be my death and if I should a●knowledge the same perhaps contrary to my owne conscience that would be assuredly unto me worse than death wherefore I make it my humble request unto you that you would beare with my silence for I shall not make any direct answer to it at all Whereupon the Commissioners were nothing satisfied but urged him more and more to answer one way or other directly telling him how displeasing such kinde of shiftings will appeare unto his M●j●sty how much the King was formerly displeased with his correspondence with S●r Thomas Moore wherefore said the Lord C●ancelour if you should now thus use him you would exasperate his grievous indignation against you more and more and give him just cause to think that ye deal more stubbornly with him than well becomes the duty of a good Subj●ct To which the Bishop replied That as concerning the Letters which had passed between him and Sir Thomas Moor he wish●d with all his heart they were now to be read which if they were said he t●ey would declare more innocence than hurt on our behalfe most of them being onely friendly salutations and encouragements to patience Indeed I was a little curious knowing the great learning and profound w●t that is in the man to know what answer he had made to the questions which were asked him concerning the Statute which answers he sent unto me as I had sent unto him mine And this is all the conspiracy that was between us upon that conscience which I suffer for and will suffer ● thousand deaths before ever it shall be called upon by me to justifie the least untruth And whereas you tell me that his Majesty will be much displeased with me for this doubtful kind of answer truly my Lords no man shall be more sorry for the Kings displeasure than he that tells you he is s●rry to displease the King but when the case so stands that in speaking I cannot please him except I displease Almighty God I hope his M●j●sty will be well satisfied with my silence Then said Mr. Cromwell Wherein do you more than other men who have satisfi●d the Kings desires herein think you sh●ll displ●ase Almighty God B●cause said the B●sh●op I know how my own conscience dictates to me but do not how anothers may inform him If your conscience be so setled said my Lord Chancelour I doubt not but you can give us some good reasons for it Ind●e● my Lord said the B●shop I think I am able to give your Lordships reasons that p●rhaps may seem sufficient why my conscience stands affected as it doth and could be well contented that you heare them could I declare my minde with safety and without offence unto his Majesty and his Laws After which not a word more was spoken for that time but calling for the Lieutenant they re-delivered him unto his custody giving the Lieutenant a strict charge that no further conference or messages should pass between him and Sir Thomas Moore or any other All which being related to the King upon their returne to Court the King swore they were all fooles and asked them if there wer● not more waies to the wood than one they told his Majesty that they had tried all the wai●s that they could finde or think upon advising his Majo to send some of his own Coat unto him to perswade him further as thinking it more proper for them but the King swore Mother of God both Moore and he should take the Oath or he would know why they should not and they should make them do it or he would see better reasons why they could not wishing them to see his face no more untill it were done CHAP. XXI 1. The notable slights which the Councel used to procure the two Prisoners Fisher and Moore to take the Oath 2. The King sends the most grave and learnedst Bishops unto him 3. How the Bishops Man set upon his Master to perswade him after such time as the Bishops were gone and could not pr●vaile with him 4. Bishop Fisher is created Cardinall by Paul the third Pope of Rome 5. The Cardinalls Hat was sent as far
mans ruine and for a most vil● and abominable Incest committed with her owne brother condemn'd and accused to be worthy of death by her owne fath●r together with divers others of her own kindred and the Nobility then sitting in judgement who not long before were her Idolaters and she their Idoll whereupon she was executed at Tower hill her head being stricken off of whose losse the King himself took such sorrow that the very next day after she was dead he mourned for her in a Wedding garment Next to the Queen we will call to minde M. Thomas Cranmer Archbishop of Canterbury who of his own power without any other warrant or authority pronounced the sentence of Divorce between the King and Queene being calculated to the height of that Meridian and afterwards called this holy man before him and cast him into prison for refusing the two new Oaths the one of the Kings new Marriage the other of the new Supremacy from whence he was never delivered till death rid him of all worldly 〈◊〉 This Archbishop lived till he was condemned for a traitour because he spred certain seditious Libels amongst the people and assisted the Duke of Nort●umberland in his Rebellion in the behalf of the Lady Iane against his lawfull Soveraigne But forasmuch as this was done in Qu●en Mary her daies and the Clergie had somewhat else to say to him they burned him as a Heretique As for Mr. Rich the Kings Soliciter and the Dequoy to this good man who gave such strange and injurious testimony against him at his arr●ignment he lived to be deposed from all his high places and preferments and fell into deep disgrace not onely with the King his Master but with those who afterwards sate at the stern in the young Kings time insomuch that affiction brought him to understand and the knowledge of himself to true repentance so that it is to be believed that he escaped without any further punishment than the clipping of his wings whilest he was alive and the singing of his qody when he was dead for his dead body being laid into a coffi● seared imbalmed c●rtain candles that were set upon the hearse through the watchers negligence or absence fell downe and took hold first on the cloaths and then upon the coffin till at length came unto the se●rcloaths that before any man could come unto the rescue the fire was pre●●y onward in his way to have deceived the worms Lastly we shall conclude with Mr. Cromwell a shrewd enemy to this good man and a great Agent in this businesse a man in whose behalf the Archb●shop of Canterbury thus writ in his behalf in his Letter to the King after his troubles had beginning viz. A man that was so advanced by your Majesty whose surety was onely by your Majesty who loved your Majesty no lesse than God who studied alwaies to set forward whatsoever was your Maj●sties will and pleasure who cared for no mans displeasure to serve your Maiesties who was such a servant in my judgement in wisdome diligenc● faithfulnesse and experience as no Prince in this Realm ever had the like who was so vigilant to preserve your Maiesty from all treasons that few could be so secretly conceived but he detected the same in the beginning such a man that if the noble Princes of memory King John Henry the second Richard the second had had such a Councellour about them I suppose they should never have been so treacherously abandoned and overthrowne as those good Princes were Who shall your Grace trust hereafter if you mistrust him Alas I bewaile and lame●t your Grace's chance herein I wot not whom your Grace may trust c. And for this fidelity ability and good service advanced successively to the d●gnities of the Master of the Rolls Biron Lord Privy Seale Knight of the G●rter Earle of Essex Lord high Chamberlaine of England and higher than all this V●car generall of the Church of ENGLAND by vertue of which Office he took place above them who were Metropolitanes of all England and yet notw●thstanding he was arrested at the Councell ●●ble of high Treason by the Duke of Norfolke when he least suspected any such desig●e committed to the Tower brought ●hence unto the Hill and without being permitted to plead for himselfe there beheaded without any more adoe But the strangest thing of all is that he that was the King● Vicegerent in spirituall causes should be accused for an Heretique and that made one of the causes of his death and that that was such a great enemy to the Catholiqu●s kicking downe all the Religious houses of the L●nd and grinded the Religious together with the rubb●sh under his feet should at his death openly profess● that he would die in the Catholick faith Thus we see Gods justice in the d●struction of the Churches enemies who knowes but that he may help her to such friends though not such as may restore her her own Jewells yet such as may heale her of her Wounds And who knowes but that it may be aff●cted by the same name sithenc● the Almighty hath communicated so great a secret unto mortalls as that there should be such a salve made known to them whereby the same weapon that made the Wound shou●d work the Cure Oliva Vera is not so hard to be construed Oliv●rus as that it may not be believed that a Prophet rather than a Her●uld gave the Common F●ther of Christendom● the now Pope of Rome Innocent the tenth such Ensignes of his Nobility viz. ● dove holding an Olive branch in her mouth since it falls short in nothing of being both a Prophesie and fulfilled but onely his Highnesse running into her armes whose Emblem of innocence beares him already in her mouth FINIS Stat. King Rich. 2. ● Bils in his true difference between Christian Antichri●●ian Rebellion part 3. pag. 243. 244. Hol. in his second volume of the last edition p● 309. b. line 66. Holins ib. pag. 310. line 2. Ibid. p. 30. a. line 11. Ibid. pag. 310. a. l. 11. Ibid. pag. 310. a. l. 14. Ibid. pag. 311. a. l. 2. Ibid. pag. 311. a. l. 9. Annotations upon the R●●m 〈◊〉 cap. 13. 2. An. in 1 Pet. cap. 2. 13. Bell. li. de ●aic●s c. 10. 11. of Dr. Keilison in his Survey printed 1603. p. 480. Tract 3. sect 5. written by I. Brer●ly An. 1608. Exo. 22 28 Act. 23. 5. Eccl. 10. 20 Rom. 13. 2. Rom. 13. 5. Hol. vol 3. An. Eliz. 26. p. 1358 Ib. p. 1360. b. line 26. Ib l. 26. Ib. l. 35. Ib. l. 40. Ib. l. 53. 54. c. Holi●s ubi supra p. 1170. 2. l. 35. 36. Goodwin in his Catalogue of Bishops Hol. ubi supra p. 1170. l. 15 As the Suffolk people S●ow in his Annals p. ● 1046. S●ow An printed 1592. p. 1039. and 1045. Stow. An. p. 1046. Stow. An. p. 1047. Stow. ubi supra pag. 1039. p. 1058.