"It was also commanded in the xv. of the Acts that Christian men should abstaine From strangled and bloud. But the church perceiving it to bee a precept but for a time, hath altered it. Christ commaunded to keepe holy the Sabboth day, and the church hath altered it to Sunday. If then the church may change things that bee so expressed in the Scriptures, she may also change the form of receiving of lay men under both kindes, for divers occasions.

66

First, because in carying to the sicke, the bloud may not bee shed, lost, or misused.

"And next, that no occasion might be given to heretickes to thinke that there is not so much under one kinde, as under both.

"But why would you have it under both kindes, I pray you else, but onely to pervert and contrary the commandement of the church? For when you had it under both kindes, you beleeved in neither. And wee having but one, beleeve both kindes.-Now sir, as concerning the sacrament of the altar, where you say, you have a number of doctors of your side, and wee none of our side, that is to say, to confirme the reall presence of Christ in the sacrament of the altar, indeede one to stoppe your mouth, I thinke it not possible to finde. Neverthelesse, where your request is to have one shewed unto you, and then you wil recant, I will shew you two.

"Saint Augustine super 33. psalm, ferebatur manibus suis: I finde not how this is true in David (saith he) litterally, that he was borne in his owne hands, but in Christ I finde it litterally, when he gave his body to his apostles at his last supper.

Againe, saint Cyprian De Coena Domini, sayth: Panis quem Dominus noster discipulis suis porrigebat, non effigie, sed natura mutatus, omnipotentia verbi factus est caro. What can be more plaine then this? yet to your exposition it is not plaine enough. But give me your figurative, significative and such other like tearms, and I will defend that Christ hath not yet ascended: no nor yet that he was incarnate, &c. Wherefore I can doe no other but put you in the number of them, whome Chrysostome spake of in this wise, saying, Hear, O thou Christian man wilt thou doe more then Christ could doe? Christ confuted the Pharisies, yet could hee not put them to silence. And art thou stronger then Christ? Wilt thou goe about to bring them to silence that will receive no answere? as who should say, thou canst not. Thus much have I sayd, not for you maister Cranmer,

for my hope that I conceived of you, is now gone and past, but in somewhat to satisfie the rude and unlearned people, that they perceiving your arrogant lying and lying arrogancie, may the better eschewe your detestable and abhominable schisme."

And thus ended the prelate his worshipfull tale. After whom doctor Storie taketh the matter, and thus inferreth in words, as followeth.

"Master Cranmer, you have made a goodly processe concerning your hereticall othe made to the king, but you forget your othe made to the see apostolicke. As concerning your othe made to the king, if you made it to him onely, it tooke an ende by his death, and so it is released: if you made it to his successors, well sir, the true successors have the empyre, and they will you to dissolve the same1, and become a member of Christes church againe, and it standeth well with charity."

To this the archbishop answered againe, saith the reporter: but what his answere was, that he suppresseth, and returneth to the words of D. Story, who imperiously turning his speech againe to the archbishop, sayd as followeth.

"Hold your peace sir, and so it shall right well become you, considering that I gave you licence before, to say your phansie. Your othe was no othe, for it lacked the three points of an othe, that is to say, judicium, justitiam, et veritatem."

These with the like words to the same effect being uttered by doctor Story, seeking to breake up and make an end of that session, he eftsoones called for witnesses to bee producted, who should be sworne upon the booke, to utter and declare the nexte day, whatsoever they knew, or could remember to bee inferred

1 To dissolve the same.] "In juramento promissorio non tantum proximo fit obligatio quatenus est promissorium; sed et Deo, quatenus est juramentum. Ergo dato sed non concesso, prælatum habere potestatem tollendi obligationem, qua homo obligatur homini respectu promissionis, præsumptio tamen non esset ferenda si terra et cinis assumerat sibi potestatem tollendi auctoritate sua obligationem, qua homo obligatur Deo, ut testi et vindici. Denique, quia dispensatio humana res est fori externi; obligatio vero juramenti est intus in conscientia, quæ uni Deo subest ut judici, et in quam homo non habet imperium: quisquis ergo vendicat sibi jus dispensandi in juramento, assumit sibi potestatem divinam erigendo sibi tribunal in foro interno, et exercendo dominium in hominum conscientias: et est ipsa dispensatio invalida, et de jure nulla sicut sententia prolata a judice in foro non suo, quia prolata est a non judice, est ad omnem juris effectum invalida." Sanderson, De Juramenti obligatione. Prælect. vii. sect. 3. p. 135.

against doctor Cranmers heresie. The names of the witnesses were these.

Doct. Marshal', commissary, and dean of Christs church.
Doct. Smith, under commissary.

Doct. Tresham *.

Doct. Crooke'.

M. London.

M. Curtop'.
M. Warde.

M. Serles ".

1

After the depositions of which witnesses being taken, doctor Story admonished the archbishop, permitting him to make his exceptions, if he thought any of the said witnesses to bee refused. Who then would admit none of them all, being men perjured, and not in Christian religion. For if to sweare, said he, against the pope were unlawfull, they should rather have given their lives, then their othe. But if it were lawfull, then are they perjured,

2 Marshal.] Richard Marshall, D.D. See archdeacon Todd's Life of Cranmer, vol. ii. p. 455.

3 Smith.] Richard Smith. See vol. ii. p. 565, and Todd's Cranmer, vol. ii. p. 454.

See vol. ii. p. 549.

4 Tresham.] Wm. Tresham.
5 Crooke.] Richard Croke. See vol. ii. p. 551.

& London.] George London, B.D. of Gloucester Hall, Oxford. See Todd's Cranmer, vol. ii. p. 453.

7 Curtop.] See vol. ii. p. 566. James Curthop, dean of Peterborough. See Tanner's Bibl. p. 214, and Todd's Cranmer, vol. ii. p. 452.

8 Warde.] Robert Ward, fellow of Merton Coll. See Tanner's Bibl., p. 754.

• Serles.] Robert Serles, B.D. See Todd's Cranmer, vol. ii. p. 450.

1 After the depositions.] "I know not what the depositions of these witnesses were, given in against him the next day. For Fox relates nothing thereof, nor any other as I know of." Strype's Memorials of Cranmer, p. 373. It will be gratifying to those who feel an interest in the ecclesiastical history of their country, to be informed that these depositions are still preserved in a MS. (No. 1136) extant in the Archiepiscopal Library at Lambeth. The MS. which has been already more than once referred to above, is bishop Brookes's official report of the whole of this process, transmitted to the cardinal De Puteo, (see p. 249, n.) to whom the care of this action against Cranmer had been deputed by the pope, and whose sub-delegate Brookes was.

Since the above note was written, the MS. has been printed entire in the Oxford edition of Strype's Life of Cranmer, A.D 1812. 8vo.

to defend him whom they forsware before. Neverthelesse, this answer of the archbishop being lightly regarded, as little to the purpose appertaining, hee was commanded againe to the place from whence he came. Who at his departing out, like as at his first comming in, shewed lowe obedience to doctor Martin, and to doctor Storie, the queenes commissioners. Then doctor Story pointing him to the bishop of Glocester, said, that he ought rather to give reverence unto him. So the reverend archbishop departing without anie obeysance exhibited to the bishop, all the other rose up and departed everie one to his owne. And thus brake uppe the session for that day, about two of the clocke at after

noone.

And thus much hitherto concerning the summary effect of this action or session, with the orations, discourses, and articles commenced against the archbishop of Canturburie, also with the reasons and answeres of the said archbishop to their objections and interrogatories.

2

Thus after they had received his answeres to all their objections, they cited him to appeare at Rome within fourescore daies, to make there his personall answeres: which he said, if the king and queene would send him, hee would bee content to doe, and so thence was caried to prison againe, where he continually remained, notwithstanding that hee was commanded to appeare at Rome.

Wherein all men that have eyes to see, may easily perceive the craftie practise of these prelates, and the visored face of their justice, as though the court of Rome would condemne no man before he answered for himselfe, as all law and equity

2 They cited him.] Not so. But the citation to Rome took place on Saturday, Sept. 7, 1555, before the commencement of this process. See Cranmer's Letter to the Queen, subjoined to the second edition of Cranmer's Answer to Gardiner, p. 420. Fox, Martyrs' Letters, &c. Fox is followed in this mistake by Strype, Burnet, &c. Again: it is not true, that the pope's letters to degrade and deprive Cranmer were dispatched within twenty days after the day of his citation. On the 29th of November, by which time the eighty days were expired, the cardinal de Puteo (see p. 249, n.) in consistory moved his complaints against the archbishop, in consequence of which, at another meeting, holden Dec. 4th, he was sentenced to be excommunicated and deprived. And on the eleventh the administration of the see of Canterbury, now vacant by the deprivation, &c. was conferred on cardinal Pole. See Poli Epist. vol. v. p. 139–143. Raynaldi Annales Ecclesiast., tom. xxi. p. 126, and Fox's Acts, p. 1930.

required. But the very same instant time, the holinesse of that unholy father, contrary to all reason and justice, sent his letter executory unto the king and queene to degrade and deprive him of his dignity which thing hee did not onely before the eighty dayes were ended, but before there were twentie dayes spent. Furthermore, whereas the sayde archbishop was fast detained in streit prison, so that hee could not appeare (as was notorious both in England and also in the Romish court) and therefore had a lawfull and most just excuse of his absence by all lawes, both popish and other; yet in the ende of the saide fourscore daies, was that worthy martyr decreed contumax, that is, sturdily, frowardly, and wilfully absent, and in paine of the same his absence, condemned and put to death".

4

Doctor Thurlby and doctor Boner comming with a new commission to sit upon the archbishop the 14. day of Februarie.

This letter or sentence definitive of the pope was dated about the first day of January, and was delivered heere in England

3 Put to death.] "It were long to shew in particular" (says bishop Jewel) "what lawes M. Harding's friends used, when they sate upon the bench. They caused dead men and women to be digged out of their graves, and so sate upon them solemnly in judgment, and condemned them. Their holy one of Rome burnt that most reverend father Dr. Cranmer at Rome in a mummery, before he ever saw him, or heard him speake: and yet notwithstanding they arraigned him in Oxford, and judged him afterward to be burnt. They first tooke, and imprisoned the innocent, that had broken no law, and afterward devised a law to condemne him. And to passe by many other like disorders, and horrible extremities of that time, first they scattered and forced their masses thorow the realme against the lawes; afterward they stablished the same by a law: last of all, the next yeare following they summoned, and had a solemne disputation in Oxford to try whether their law were good or no.—In order of nature, the disputation should have been first, and then the law, and last of all the execution of the same among the people." Reply to Harding's Answer, p. 358, edit. 1609, fol.

4 Thurlby.] "A.D. мDLXX. 28 August, buried Mr. Th. Thurleby, doctor of the civil law, born in Cambridge, and student sometyme of Trinity hall there, and sometyme bishop of Westminster, afterward bishop of Norwich, and in queen Maries daies bishop of Ely; who in the tyme of the noble king Edward professed the truth of the holy Gospel, and afterward in time of queen Mary returned to papistry, and so continued in the same to his end, and died the queen's majesties prisoner within my lord grace's house at Lam. beth." MS. Ashmole, 860, p. 512. Quoted in Tanner's Bibl. p. 709.

About the first.] The date was (decimo nono calend. Januar.) Dec. 14. See Fox's Acts, p. 1931.