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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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they may seem to differ in their agreement the one diligently preached the coming of Christ to be at hand giving notice of Salvation to all that would believe and be Baptized the other as diligently by his continuall Preaching and Writings giving warning to all his Country men of Christs departure from their coasts if like the Gergesites they preferred their owne swine before Salvation Thus did the two Cherubims over the Mercy-seat which seemed opposite to one another yet both of them mutually beholding the same Arke that stood between them These two with contrary faces mutually beheld the same object to which that was but a perspective Both these dyed for a cause of Matrimony the first for saying to king Herod It is not lawfull for thee to take thy Brothers Wife The second for saying to King Henry it is not lawfull for thee to put away thy Brothers Wife Obj. How shall we reconcile these two assertions and make both them and their assertion good and lawfull Sol. Herod to whom the first so spake and reprehended had taken to his Bed his brothers Wife his Brother living which was repugnant to the Law of God but Henry to whom the second spake as is before rehearsed onely took to Wife his Brothers Wife his Brother being dead having neither issue by nor knowledge of her which by Moses Law in such like cases is not forbidden and therefore easily dispensed with according to the rules of Ecclesiasticall authority And If this be sufficient to shew you how deservedly the name of Iohn was bestowed upon the subject of our story at his Christendome the remainder of the History will let you see how worthily he deserved also to be called Fisher being indeed as indeed he was a true Fisher of Men as after shall appeare His fathers name was Robert Fisher his State sufficient his Reputation among the best his Condition a Merchant the place of his abode within the foresaid Town of Beverly a place where the blessed and glorious Confessour St. Iohn of Beverley Archbishop of Yorke sometimes lived and Preached the Gospel These we may suppose to be the caus●s why the Father gave unto this Son that name as a Looking glasse unto his eye a Spur unto his Feet as Copy for his Hand a consideration too much neglected in these our dayes as if our names were only given us for distinction sake or civill use and not as obligations unto Christian piety This Robert Fisher after he had lived many yeares in good estimation and credit amongst his neighbours dyed leaving behinde him this Iohn Fisher of whom we treat and a younger Sonne who bare his Fathers name both in their tender age Their Mothers name was Anne who in processe of time marryed one Wright by name by whom she had three Sonnes Iohn Thomas and Richard and one Daughter which was called Elizabeth which afterwards was a professed Nunne in Dartford and yet these three Sonnes together with a Husband that was living no way stood between her and the Piety which she owed unto the dead as that she any way neglected the former two but gave them the best education as the expences of those L●gacies which the deceased Parent had provided for them in that behalfe that could be had in order whereunto as soon as ever they were capable of Learning they were put to School and committed to the care and custody of a Priest of the said Colledg Church of Beverly being a Church which of antient time hath been richly endowed with Land and possessions there this Iohn Fisher among other children was first taught his letters and the rudiments of Grammer where he continued not many yeares but the bladeing of the Field soon informed the labouring Husbandman of the gratefulnesse of the Earth to which he had committed with so liberall a hand so great a trust which appearing daily more and more the counsell of his friends at last thought it fitting to humour so much as in them lay the Genius of so promising a proficient insomuch that like a tender sappling fitted for transplantation he was taken from his nursery to be disposed of in so faire a garden of the muses as was so antient and so flourishing an Vniversity as is that Alma mater which is called Cantabrigia where he was committed to the government of one M● William Melton a reverend Priest and grave Divine afterwards Master of the Colledge called Michael house in Cambridg and Doctor in Divinity Under whom he so profited in few yeares that he became Master of all the Arts before such time as he had received the degree of Batchelour which he received in the yeare of our Lord 1488. and his degree of Master the third year following where being suddenly elected Fellow of that house he was as shortly after chosen Proctour of the University in which space of time according to the ancient Laws and Statutes of his Colledge he took upon him the holy order of Priesthood and now did the Almond tree begin to bud all other Arts and Sciences were but his tooles but this his occupation and no wonder it was that he that went through with his Philosophy so heavenly should be so excellent at the heavenly Philosophy insomuch that his Disputations in Divinity according to the order of the Schools were rather Determinations than Disputes so that in short space he grew to such profoundnesse in those he●venly Mysteri●s that Envy her selfe left canv●sing for Palmes whiles Vertue her companion accounted him the flour of all the University who in his due time proceeded to the degrees of Batchelour and afterwards of Doctor in Divinity which with no small appl●use he atchieved in the year of our redemption 1501. In which interim it hapned that Doctor Melton of whom we before have made some mention was preferred to the dignity of Chancellour of the Cathedrall Church of Yorke whereby the mastership of Michael House in Cambridge became void Whereunto by a most free and willing election of all the Fellowes of that house this man as the most deserving of all other was worthily promoted who by his acceptance made the proverb good Magistratus arguit virum for who more fit to play the Master than he that knew so well how to act the Disciple in which office he demeaned himselfe so worthily that as a mirrour from whence all Governours of other Houses might well take their patterne or resemblance for his worths sake he was soon after chosen Vicechancellour Which office as if one yeare had not grac'd sufficiently so great a worthinesse he was continued in the same office for another yeare and had not his Fame passing the bounds of the University spread it self so far over the whole Realm as that at length it reached the eares of the most Noble and Vertuous Lady Margaret Counte●●e of Richmond Mother to the wife and sage Prince Hen. 7. who hearing of his great Vertue and Learning never ceased till she had wrought him
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
perseverat Volumus insuper ut sepulchra altaria regis Henrici sexti Regis Edwardi quarti abavunculi avi nostri fiant forma augustiori magisque principali regali risdem in locis in quibus nunc sunt idque nostris sumptibus expensis insuper voluntas nostra specialiter desideramus atque requitimus ut ubi quandocunque placuerit Deo nos vocare ex hoc mundo transitorio ad infinitam misericordiam gratiam suam sive ultra Maria aut in quocunque loco extra nostrum Angliae Regnum vel intra ipsum exequutores nostri quam primum commode poterunt curent omne genus servitii divini quod pro defunctis fieri solet pro nobis etiam celebrari idque in proximo maximeque commodo loco respectu illius in quo nos ex hac vita caduca decedere contigerit Volumus praeterea ut quandocunque ubicunque placuerit Deo nos vocare ex misera vita ista ad infinitam misericordiam gratiam suam sive intra regnum sive extra ipsum exequutores nostri quam poterunt pio convenienti et celeri modo ordinent procurent corpus nostrum transferri portari atque convehi ad praedictum collegium nostrum Windesorae quoque servicium Placebo Dirige cum concione missa postero mane nostris sumptibus expensis devote celebretur solemniter observetur ut ibi terra mandetur sepuliatur in loco disignato pro sepulchro seu monumento ad eum finem faciendo haec omnia ut fiant devotissimo quo fieri poterunt modo Volumus injungimus executoribus nostris quatenus disponant per viam eleemosinae distribuant pauperimis maximeque indigentibus personis quae inveniri poterunt exclusis tamen quantum ratio postulat mendicis ordinariis idque quam brevissimo intervallo post nostrum de hac vita transitoria discessum summam mille marcarum legalis monetae Angliae partim quidem eodem ipso in loco in quo placuerit Deo nos ad suam misericordiam evocare partim in itinere partim in loco ipso sepulturae nostiae secundum quod ipsi discretius judicaverint ut populum cui hec nostrae elemosinae tribuentur moneant ut Deum ex corde precentur propeccatis nostris salute animae nostrae Item volumus ut quanta commode fieri poterit celeritate post nostrum ex hoc mundo transitum si in vita nostra id non fiat Decanus canonici liberae capellae nost●ae intra castrum Windesorae habeant in maneriis terris tenementis spiritualibus promotinibus ad annum valorem lexcentarum librarum ultra omnes alias expensas iisdem assecuratum successoribus eorum in perpetuum sub his conditionibus sequentibus pro debita ad impletionem omnium conditionum inibi contentarum per formam indentaturae chirographo nostro subsignatae quae transigetur per viam pacti contractus in eundem sinem inter nos praedictos decanum canonicos in vita nostra viz. praed●cti D●canus canonici ●orumque succ●ssores in perpetuum habebunt paratos duos presbi●eros qui Missas dicunt ad prae●atum Altare in loco superius designato collocandum post decesrum nostrum celebrabunt quatuor solemnes obitus pro nobis in praedicto Collegio Windeso●ae curabuntque solemnem concionem haberi in unoquoque praedictorum obituum pauperibus donent decem libras i. centum francos quotannis in perpetuum donent tredecim pauperibus qui vocabuntur equites pauperes unicuique duod●cim donarios hoc est decem asses per diem semel per singulos annos unicuique togam talarem panni albi habentem in pectore acupictam periscelidem seu garteriā cum cruce D. Georgii in scuto inclusam intra periscelidem mantellam panni rubei ut uni ex●llis tredecim qui constituetur caput rector aliorum tres libras fex solidos octo denarios i. 33. Froncos sex asses ultra supraque predictos unicujusque diei duodecim denarios u●que omni dominica totius anni in perpetuū curent haberi concionem in castro Windesorae sicut in praefata indentatura contractu pleniùs particularius exprimetur Volentes onerantes requirentes filium nostrum principem Edvardum omnesque Ex●quutor●s nostros consulati●s postea nominandos omnesque haeredes nostios successores qui hujus regni reges 〈◊〉 sunt sicut se noverint responsuros coram Deo in tremendo judici● die quat●nus ipsi unusquisq●●psorum p●ovideant ut praed●cta indentatura assecuratio inter nos predictos decanum canonicos transigenda omnia in e●s contenta debite mādentur exequutioni Observentur custodiantur in perpetuum juxta ha●d extremam voluntatem nostram atque testamentum c. Reliquam testamenti partem in qua de successione disponebatur summatim recitat Sanderus in hunc modum ut Edvardus filius ex Iana Seimera novē natus annos primas omnium regnandi vices acciperit secundas Maria●x ●x Catharina tertias Elizabetha ex Anna Bulleina postea his deficientibus ad illos transire successio ad quos jure cōmuni pertineret Deinde impuberi filio sedecim constituit tutores curatores pari potestate cosque magna ex parte Catholicos velut aristocratia quadam monarchiam temperans Demum valde mandavit ut filius in fide catholica educaretur excepto primatus titulo quem ei reliquit ut regnum ab haeresibus purgatum teneretur HE that had made void so many mens wills had his own made void in every par●icular All those sixteen Counsellors which he had appointed to governt the Kingdome in his Son● minority either by threatning exclusion or imprisonment were all of them forc●d to give way to one who wholly took upon him the gov●rnment of the whole Kingdome and he that took such care that his Son should have none to be of his Councill but such as should be Catholiques had his will so performed that there was one who took care that no Catholique should come 〈◊〉 him and when the heads of these gainsayers of his will were cut off his Son was l●ft in tuition of such hands as it was verily beli●ved made his Son away that they might set up one upon his thron● in opposition to his owne Daughter the Religion wherein his Son was bred and commanded to be brought up in was changed his Lawes abrogated and he that took so many unlawfull courses to obtain issue had so many children who all of them died issu●l●sse Next to the King I shall observe the punishment of Almighty God which lighted neavily upon the Q● Anne Bullein the chief and principal cause of all this wofu● Tragedie who in a short space was suddenly thrown down from the top of all her high D●gnity and Honour whose Glory was exalted upon this