<P_29>

Nowe while Sir Thomas Moore was Chauncellour of the Duchy , the sea of
Roome chaunced to be void , <P_30> which was cause of much trouble .
(ROPER-E1-H,30.2)

For Cardinall Wolsey , a man very ambitious , and desirous <paren> as
good hope and likelyhod he had </paren> to aspire vnto that dignity ,
perceaving himself of his expectacion disapointed , by meanes of the
Emperour $Chareles so highely comendinge one Cardinall Adrian ,
sometyme his scholemaster , to the Cardinalls of Roome , in the tyme of
their election , for his vertue and worthines , that therevppon was he
chosen Pope ; who from Spayne , where he was then resident , cominge on
foote to Roome , before his entry into the Citye , did put of his hosen
and showes , barefoote and barlegged passing throwe the streates
towards his pallaice , with such humblenes that all the people had him
in greate reuerence ; Cardinall Wolsey , I say , waxed so wood therwith
, that he studied to invent all waies of reuengment of his grief
against the Emperour ; which , as it was the begininge of a lamentable
tragedye , so some parte <em> of it </em> as not impertinent to my
present purpose , I recknid requisite here to put in remembraunce .
(ROPER-E1-H,30.3)

This Cardinall therefore , not ignorant of the kings inconstante and
mutable disposicion , soone inclined to withdrawe his devotion from his
owne most noble , vertuous , and lawfull wif , Queene Katherine , awnt
to <P_31> themperour , vppon euery light occasion , and vppon other ,
to her in nobility , wisdome , vertue , favour and bewtye farre
incomparable , to fixx his affection , meaning to make this his so
light disposition an instrument to bring aboute his vngodly intent ,
devised to allure the kinge <paren> then alredye , contrary to his mind
, nothing les lookinge for , fallinge in love with the Ladye Anne
Bullen </paren> to cast fantasy to one of the Frenche kings Sisters :
which thing , because of the Enmity and warre that was at that tyme
betweene the French king and the Emperour <paren> whom , for the cause
afore remembred , he mortally maligned </paren> he was $very desirouse
to procure ; (ROPER-E1-H,31.4)

And for the better atcheving thereof , requested Langland , Bishoppe of
Lincolne , and ghostly father to the kinge , to put a scruple into <em>
his graces </em> head , that itt was not lawfull for him to marry his
brothers wife : which the kinge , not sory to heare of , opened it
first to Sir Thomas Moore , whose councell he required therein ,
shewing hym certaine places of scripture that somewhat seemed to serve
his appetite ; which , when he had pervsed , and <P_32> thervppon , as
one that had never professed the studye of divinity , himself excused
to be vnmeete many waies to medle with suche matters ,
(ROPER-E1-H,32.5)

The king , not satisfied with this awneswer , so sore still pressed
vppon him therefore , that in conclusion he condiscended to his graces
motion . (ROPER-E1-H,32.6)

And further , forasmuche as the $case was of such importaunce as needed
$great advisement and deliberation , he besought his grace of
sufficient respite advisedly to consider of it . Wherewith the king ,
well contented , said vnto him that Tunstall and Clark , Byshoppes of
Dirham and Bathe , with other lerned of his pryvy Councell , should
also be dealers therein . (ROPER-E1-H,32.7)

So Sir Thomas Moore departing , conferred those places of scripture
with expositions <em> of diuers </em> of $the old holy doctors ;
(ROPER-E1-H,32.8)

and at his cominge to the courte , in talking with his grace of thafore
$sayd matter , he said : " To be plaine with your grace , neyther my
lord of Dyrham nor my lord of Bathe , thoughe I knowe them both to be
wise , vertuous , learned and honorable prelates , nor my self , with
the rest of your councell , being all your graces owne seruants , for
your manifold benefites <P_33> dailey bestowed on vs so most bounden to
you , be , in my iudgment , meete councelors for your grace herin .
(ROPER-E1-H,33.9)

But if your grace mind to vnderstand the truth , suche councellors may
you haue devised , as neither for respecte of their owne worldly
comoditye , nor for feare of your princely aucthority , will be
inclined to deceave you . " (ROPER-E1-H,33.10)

To whom he named $then St Hierome , St Awsten , and divers other $old
holy doctors , both greekes and latines ; (ROPER-E1-H,33.11)

and moreover shewed him what aucthorities he had gathered out of them ;
which , althoughe the kinge <paren> as disagreable with his desire
</paren> did not very well like of , yeat were they by Sir Thomas Moore
, who in all his communicacion with the king in that matter had alwaies
most discreetely behaved himself , so wisely tempered , that he bothe
presently tooke them in good parte , and oftetimes had thereof
conferens with him agayne . (ROPER-E1-H,33.12)

After this were there certaine questions among his councell proponed ,
whether the king needed in this case to have any scruple at all ; and
if he had , what way were best <em> to be taken </em> to deliuer him of
it . The most parte of whom were of opinion that there was good <P_34>
cause <em> of scruple </em> , and that for discharginge of it , sute
were <em> mete to be </em> made to the Sea of Rome , where the king
hoped by liberalty to obtaine his purpose ; wherein as it after
appeared , he was far deceaved . (ROPER-E1-H,34.13)

Then was there for the triall and examinacion of this matrimony
procured frome Rome a comission , in which Cardinall Campegius and
Cardinall Wolsey were ioyned Comissioners ; who , for the determination
thereof , sate at the Black Friers in London , where A libell was put
in for the adnullinge of the said matrimony , alleaging the mariage
betweene the king and Queene to be vnlawfull . (ROPER-E1-H,34.14)

And for proof of the mariage to be lawfull , was there brought in a
dispensation , in which , after divers disputacions theron holden ,
there appeared an imperfection , which , by an instrument or breif ,
vppon search found in the Tresury of Spaine , and sent to the
Comissioners into England , was supplied . (ROPER-E1-H,34.15)

And so should iudgment $haue bine geuen by the Pope accordingly , had
not the king , vppon intelligens thereof , before the $same iudgement ,
appealed to the next generall councell . After whos appellacion the
cardinall vppon that matter sate no longer . (ROPER-E1-H,34.16)

It fortuned before the matter of the said matrimony <P_35> brought in
question , when I , in talke with Sir Thomas Moore , of a certaine ioy
comended vnto him the happy estate of $this Realme , that had so
chatholike a prince that no heretike durst shewe his face , so vertuous
and learned a clergy , so grave and sound a nobility , and so loving ,
obedient subiectes , all in one faithe agreing together : " Troth it is
indeed , sonne Roper , " quoth he , (ROPER-E1-H,35.17)

and in comending all degrees and estates of the same went farre beyond
me , (ROPER-E1-H,35.18)

" And yeat , sonne Roper , I pray god , " $said he , " that some of vs
, as highe as we seeme to sitt vppon the mountaynes , treading
heretikes vnder our feete like antes , live not the day that we gladly
wold wishe to be at a league and composition with them , to let them
haue their churches quietly to themselfes , so that they wold be
contente to let vs have ours quietly to our selves . "
(ROPER-E1-H,35.19)

After that I had told him many consideracions why he had no cause so to
say : (ROPER-E1-H,35.20)

" Well , " said he , " I pray god , sonne Roper , some of vs live not
till that day , " shewing me no reason why $he should put any doubte
therein . To whom I said : " By my troth , sir , it is very desperately
spoken . " (ROPER-E1-H,35.21)

That vyle tearme , I cry god mercy , did I geeue him . Who , by thes
<P_36> wordes perceiuinge me in a fvme , said merily vnto me : " Well ,
well , sonne Roper , It shall not be so , (ROPER-E1-H,36.22)

It shall not be so . " (ROPER-E1-H,36.23)

Whom , in xvj yeares and more , being in house conuersant with him , I
could neuer perceiue as much as once in a fvme . (ROPER-E1-H,36.24)

But nowe to retorne againe where I lefte . (ROPER-E1-H,36.25)

After the supplieng of the Imperfections of the dispensation , sent
<paren> as is <em> before rehersed </em> </paren> to the Comissioners
into England , the kinge , taking the matter for ended , and then
$meaninge no farther to proceed in that matter , assigned the Bishoppe
of Durham and Sir Thomas Moore to goe Embassadors to Cambray , a place
neyther Emperiall nor Frenche , to treate a peace betweene the Emperour
, the French king , and him . In the concluding whereof Sir Thomas
Moore so worthily handled himself , procuring in our league far more
benefites vnto this realme then at that time by the kinge or his
Councell was thought <P_37> possible to be compassed , that for his
good service in that voiage , the kinge , when he after made him Lord
Chauncelour , caused the Duke of Norffolke openley to declare vnto the
people <paren> as you shall heare hereafter <em> more at large </em>
</paren> howe much all England was bound vnto him . (ROPER-E1-H,37.26)

Nowe vppon the coming home of the Byshoppe of Dyrham and Sir Thomas
More from Cameray , the king was as earnest in persuading Sir Thomas
Moore to agree vnto the matter of his mariage as before , by many and
divers waies provoking him thereunto , For the which cause , as it was
thought , he the rather soone after made him Lord Chauncelor ;
(ROPER-E1-H,37.27)

And further $declaring vnto him that , thoughe at his goinge ouer Sea
to Cameray , he was in vtter dispaire thereof , yeat he had conceaved
since some good hope to compasse it . (ROPER-E1-H,37.28)

For albeit his mariage , being against the positive lawes of the
churche and the written Lawes of god , was holpen by the dispensation ,
yeat was there another thinge found out of Late , he said , whereby his
mariage appeared to be so directly against the lawe of nature , that it
could in no wise by the church be dispensable ; As Doctor Stokesley
<P_38> <paren> whom he had then preferred to be Byshoppe of London ,
and in that case cheifly credited </paren> was able to instructe him ,
with whom he praied him in that point to conferre . (ROPER-E1-H,38.29)

But for all his conferens with him , he sawe nothing of such force as
coulde induce him to chaunge his opinion therein : which
notwithstandinge , the Bishoppe shewed himself in his reporte of him to
the kings highnes so good and favorable that he said he found him in
his graces cause very towarde , and desirouse to find some good matter
wherewithe he might truly serve his grace to his contentation .
(ROPER-E1-H,38.30)

This Bishopp Stokesley , being by the Cardinall not long before in the
Starre Chamber openley put to rebuke and awarded to the Fleete , not
brooking this contumelious vsage , and thincking that Forasmuch as the
Cardinall , for lack of such forwardnes in setting forthe the kings
divorse as his grace looked for , was out of his highnes favour , he
had nowe a good occassion offred him to revenge his quarell against him
, further to incense the kings displeasure towards him , busily
travailed to invente some collorable devise for the kings furtheraunce
in that <P_39> behalfe ; which <paren> as before is mencioned </paren>
he to his grace revealed , hoping thereby to bring the kinge to the
better liking of himself , and the more mislikinge of the Cardinall ;
whom his highnes therefore soone after of his office displaced , and to
Sir Thomas Moore , the rather to move him to incline to his side ,
(ROPER-E1-H,39.31)

the same in his steede committed . Who , betweene the Dukes of
Norffolke and Suffolk , being brought throwghe Westminster Hall to his
place in the Chancery , The Duke of Norffolke , in Audiens of all the
people there assembled , shewed that he was from the kinge himself
straightly charged , by speciall comission , there openly , in presens
of them all , to make declaration howe much all England was beholdinge
to Sir Thomas Moore for his good service , and howe worthy he was to
haue the highest roome in the realme , and howe dearly his grace loved
and trusted him , for which , said the duke , he had greate cause to
reioyce . Wherunto Sir Thomas Moore , among many other his hvmble and
wise sayengs not nowe in my memory , awneswered , That althoughe he had
good cause to take comforte of his highnes singuler Favour towards him
, that he had , farre aboue his desertes , so highly comended him ,
<P_40> to whom $therfore he acknowledged himself most deeply bounden ;
(ROPER-E1-H,40.32)

yeat , neuertheles , he must for his owne parte needes confes , that in
all things by his grace alleaged he had done no more then was his duty
; (ROPER-E1-H,40.33)

And further disabled himself as vnmeete for that roome , wherein ,
considering howe wise and honourable a prelate had lately before taken
so greate a fall , he had , he said , thereof no cause to reioice .
(ROPER-E1-H,40.34)

And as they had $before , on the kings behalf , charged him vprightly
to minister indifferent iustice to the people , without corruption or
affection , So did he likewise charge them againe , that if they sawe
him , at any time , in any thinge , digresse from any parte of his duty
in that honorable office , euen as they wold discharge theyr owne duty
and fidelitye to god and the kinge , so should they not faile <em> to
disclose it </em> to his grace , who otherwise might haue iust occasion
to lay his fault wholy to their Charge . (ROPER-E1-H,40.35)

While he was Lorde Chauncelor , being at leisure <paren> as seldome he
was </paren> one of his sonnes in Lawe <em> on a tyme </em> said merily
vnto him : " When Cardinall Wolsey was lord Chauncelour , not only
divers of his privye Chamber , but such also as were his doorekeepers
gatt greate gayne . " (ROPER-E1-H,40.36)

<P_41>

And since he had maried one of his daughters , and gaue still
attendaunce vppon him , he thought he mighte of reason looke for some ;
where he indeed , because he was $so redy himself to heare euery man ,
poore and riche , and kepte no doores shut from them , could find none
; which was to him a great discourage . (ROPER-E1-H,41.38)

And wheras els , some for freindshippe , some for kinred , and some for
profitte , wold gladly haue $had his furtheraunce in bringing them to
his presens , If he should nowe take any thinge of them , he knewe , he
said , he should do them greate wronge , For that they might do as
muche for them selfes as he could do for them : Which condicion ,
althoughe he thought in Sir Thomas Moore very comendable , yeat to him
, said he , being his sonne , he found it nothing profitable .
(ROPER-E1-H,41.39)

When he had told him this tale : " You saie well , sonne , " quoth he ;
(ROPER-E1-H,41.40)

" I do not mislike that you are of conscience so scrupulous ,
(ROPER-E1-H,41.41)

but many other waies be there , <P_42> sonne , that I may both do your
self good , and pleasure your freind also . (ROPER-E1-H,42.42)

For sometyme may I by my word stand your Frend in steede ,
(ROPER-E1-H,42.43)

and sometime may I by my letter helpe him ; (ROPER-E1-H,42.44)

or if he haue a cause depending before me , at your request I may heare
him before another . (ROPER-E1-H,42.45)

Or if his cause be not all the best , yeat may I moue the parties to
fall to some reasonable end by arbitrement . (ROPER-E1-H,42.46)

Howbeit , this one thing , sonne , I assure thee on my faith , that if
the parties will at my handes call for iustice , then , al were it my
father stood on the one side , and the Divill on the tother , his cause
being good , the Divill should haue right . " (ROPER-E1-H,42.47)

So offred he his sonne , as he thoughte , he said , as much favour as
with reason he coulde require . (ROPER-E1-H,42.48)

And that he wold for no respecte digresse from iustice , well appered
by a pleine example of another of his sonnes in lawe called master
Heron . (ROPER-E1-H,42.49)

For when he , having a matter before him in the Chauncery , and
presuminge to much $of his favour , wold by him in no wise be perswaded
to agre to anye indifferent <P_43> order , then made he in conclusion a
flatt decre against him . (ROPER-E1-H,43.50)

This Lord Chauncelour vsed comonly euery after noone to sitt in his
open haule , to thentent $that , if any persons had any suite vnto him
, they might the more boldly come to his presens , and there open their
complaintes before him ; whose manner was also to reade euery bill
himself , ere he wold award any sub pena ; which bearing matter
$sufficient worthy a sub pena , wold he sett his hand vnto , or els
cancell it . (ROPER-E1-H,43.51)

Whensoeuer he passed throughe westminster hall to his place in the
Chauncery by the courte of the kinges Benche , if his father , one of
the Judges $thereof , had bine sate ere he came , he wold goe into the
same courte , and there reuerently kneeling downe in the sight of them
all , duly aske his fathers blessinge . (ROPER-E1-H,43.52)

And if it fortuned that his father and he , at readings in Lincolnes
Inne , mett together , as they sometime did , notwithstanding his highe
office , he wold offer in argument the prehemynens to his father ,
thoughe he , for his office sake , wold refuse to take it .
(ROPER-E1-H,43.53)

And for the better declaration of his naturall affection towards his
father , he not <P_44> only , while he lay $on his death bedd , <em>
accordinge to his dutie </em> , ofte times with comfortable wordes most
kindly came to visite him , (ROPER-E1-H,44.54)

But also at his departure out of the world , with teares taking him
about the necke , most lovingly kissed and imbraced him , commending
him into the mercifull handes of almighty god , (ROPER-E1-H,44.55)

and so departed from him . (ROPER-E1-H,44.56)

<P_82>

When Sir Thomas Moore had continued a good while in the Tower , my Lady
, his wife , obtayned lycens to see him ; who , at her first cominge ,
like a simple ignorant woman , and somewhat worldly too , with this
manner of salutacion bluntlye saluted him : (ROPER-E1-H,82.58)

" What the good yere , master Moore , " quoth she , (ROPER-E1-H,82.59)

" I mervaile that you , that have bine alwaies hitherto taken for so
wise a man , will nowe so play the foole to lye heare in this close ,
filthy prison , and be content thus to be shut vpp amongst mise and
rattes , when you might be abroade at your libertye , and with the
favour and good will both of the kinge and his Councell , If yow wold
but doe as all the Byshops and best learned of this realme $haue done .
(ROPER-E1-H,82.60)

And seinge you have at Chelsey a <P_83> right faire house , your
library , your bookes , your gallery , your garden , your orchard , and
all other necessaries so handsome aboute you , where you might in the
company of me your wife , $your children , and howshold be meerye , I
muse what a gods name you meane heare still thus fondly to tarye . "
(ROPER-E1-H,83.61)

After he had a while quietly heard her , with a chearefull countenaunce
he said vnto her : " I pray thee , good mistris Alice , tell me one
thinge . " (ROPER-E1-H,83.62)

" What is that ? " quoth shee . (ROPER-E1-H,83.63)

" Is not this house , " quoth he , " as nighe heauen as my owne ? " To
whom shee , after hir accustomed homely fashion , not liking such talke
, awneswered , " Tylle valle , Tylle valle ! " (ROPER-E1-H,83.64)

" Howe say you , mistris Alice , " quoth he , (ROPER-E1-H,83.65)

" is itt not so ? " (ROPER-E1-H,83.66)

" Bone deus , bone deus , $man , will this geare neuer be lefte ? "
quoth shee . (ROPER-E1-H,83.67)

" Well then , mistris Ales , if it be so , " <em> quoth he </em> , " it
is very well . (ROPER-E1-H,83.68)

For I see no greate cause why I should much Ioye $either of my gay
house or $of any thinge belonginge therunto ; when , if I should but
seuen yeares lye buried vnder the ground , and then arise and come
$thither againe , I should not faile to find some therein <P_84> that
wold bid me get $me out of doores , and tell me it were none of mine .
(ROPER-E1-H,84.69)

What cause haue I then to like such an house as wold so soone forgett
his master ? " (ROPER-E1-H,84.70)

So her perswasions moved him but a litle . (ROPER-E1-H,84.71)

Not longe after came there to him the Lord Chauncelour , the dukes of
Norfolke and Suffolk , with master Secretory and certaine other of the
privy Counsaile , at two seuerall times , by all pollicies possible
procuringe him , eyther precisely to confesse the supremacy , or
precisely to denye it ; wherunto , as appeareth by his $examinations in
the said great book , they could neuer bringe him . (ROPER-E1-H,84.72)

Shortlye herevppon , master Riche , afterwardes Lord Riche , then
newlye made the kings Solicitor , Sir Richard Sowthwell , and one
master Palmer , servaunt to the Secretory , were sent to Sir Thomas
Moore into the Tower , to fetche away his bookes from him .
(ROPER-E1-H,84.73)

And while Sir Richard Southwell and master Palmer were busye in the
trussing vppe of his bookes , master Rich , pretending freindly talke
with him , amonge other things , of a sett cours , as it seemed , saide
thus vnto him : (ROPER-E1-H,84.74)

<P_85>

" Forasmuch as it is well knowen , master Moore , that you are a man
bothe wise and well learned aswell in the lawes of the realme as
otherwise , I pray you therefore , Sir , lett me be so bold as of good
will to putte vnto you this case . (ROPER-E1-H,85.76)

Admitt there were , Sir , " quoth he , " an acte of parliament that all
the Realme should take me for kinge . (ROPER-E1-H,85.77)

Wold not you , master Moore , take me for kinge ? " (ROPER-E1-H,85.78)

" Yes , sir , " quoth Sir Thomas Moore , " that wold I . "
(ROPER-E1-H,85.79)

" I put case further , " quoth master Riche , " that there were an acte
of parliament that all the Realme should take me for Pope .
(ROPER-E1-H,85.80)

Wold not you then , master Moore , take me for Pope ? "
(ROPER-E1-H,85.81)

" For awneswer , $Sir , " quoth Sir Thomas Moore , " to your firste
case : the parliament may well , master Riche , medle with the state of
temporall princes . (ROPER-E1-H,85.82)

But to make awneswer to your other case , I will put you this case :
(ROPER-E1-H,85.83)

Suppose the parliament wold make a lawe that god shold not be god .
(ROPER-E1-H,85.84)

Wold you then , master Riche , say that god were not god ? "
(ROPER-E1-H,85.85)

<P_86>

" No , Sir , " quoth he , " that wold I not , sith no parliament maye
make any such lawe . " (ROPER-E1-H,86.87)

" No more , " said Sir Thomas Moore , as master Riche reported of him ,
" could the parliament make the kinge Supreame head of the churche . "
Vppon whose onlye reporte was Sir Thomas Moore indicted of treason
vppon the statute $wherby it was made treason to denye the kinge to be
supreame head of the churche . Into which indictment were putt thes
haynouse wordes - " Maliciously , trayterouslye , and Diabolically " .
(ROPER-E1-H,86.88)

When Sir Thomas Moore was brought from the tower to westminster hall to
awneswer the Indictment , and at the kings bench barre before the
Iudges thervppon arraigned , he openly told them that he wold vppon
that indictment haue abidden in lawe , but that he therby shoulde haue
bine driven to confesse of himself the matter indeede , $that was the
deniall of the kings supremacye , which he protested was vntrue .
Wherefore he therto pleaded not giltye ; (ROPER-E1-H,86.89)

and so reserved vnto himself advantage to be taken of the body of the
matter , after verdicte , to avoid that Indictment ; (ROPER-E1-H,86.90)

And moreouer added $that if thos only odious tearmes , " Maliciously ,
traiterouslye , and diabolicallye , " were put out of the <P_87>
Indictment , he sawe therein nothinge iustlye to charge him .
(ROPER-E1-H,87.91)

And for proof to the Jury that Sir Thomas Moore was guilty of this
treason , master Rich was called forth to giue evidence vnto them vppon
his oath , as he did . Against whom $thus sworne , Sir Thomas Moore
began in this wise to say : " If I were a man , my lordes , that did
not regarde an othe , I $needed not , as it is well knowen , in this
place , at this tyme , nor in this case , to stand $here as an accused
person . (ROPER-E1-H,87.92)

And if this $othe of yours , master Riche , be true , then pray I that
I neuer see god in the face ; which I wold not say , were it otherwise
, to winne the whole world . " (ROPER-E1-H,87.93)

Then $recited he to the courte the discourse of all theyr communicacion
in the Tower , accordinge to the truthe , (ROPER-E1-H,87.94)

and said : " In good faithe , master Riche , I am $soryer for your
periurye then for my owne perill . (ROPER-E1-H,87.95)

And yow shall vnderstand that neyther I , nor no man els to my
knowledge , ever tooke you to be a man of such creditt as in any matter
of importaunce I , or any other , would at anye tyme vouchsaf to
communicate with you . (ROPER-E1-H,87.96)

And I , as <P_88> you knowe , of no small while haue bine acquainted
with yow and your conuersacion , who haue knowen you from your youth
hitherto ; (ROPER-E1-H,88.97)

For we longe dwelled both in one parishe together , where , as your
self can tell <paren> I am sory you compell me so to say </paren> you
were esteemed very light of your tongue , A greate dicer , and of no
comendable fame . (ROPER-E1-H,88.98)

And so in your house at the temple , wheare hath bine your cheif
bringing vppe , were you likewise accompted . (ROPER-E1-H,88.99)

" Can it therefore seeme likely vnto your honorable Lordshipps that I
wold , in so weyghty a cause , so vnadvisedlye overshootte my self as
to trust master Rich , a man of me alwaies reputed for one of so litle
truth , as your lordshipps haue heard , So farre aboue my soueraigne
Lord the kinge , or any of his noble Councellours , that I wold vnto
him vtter the secreates of my consciens towchinge the kings supremacye
, The speciall pointe and only marke at my handes so longe sought for :
A thinge which I neuer did , nor neuer wold , after the statute thereof
made , reveale either to the kings highnes himself , or to any of his
honorable $councellours , as it is not vnknowne to your honors , at
sundry seuerall times sent from his graces owne person vnto the <P_89>
Tower vnto me for none other purpose ? (ROPER-E1-H,89.100)

Can this in your iudgments , my lordes , seeme likely to be true ?
(ROPER-E1-H,89.101)

And $yet , if $I had so $done indeed , my lords , as master Rich hath
sworne , seing it was spoken but in Familiar secreate talk , nothing
affirminge , and only in puttinge of cases , without other displeasaunt
circumstances , it $can $not {TEXT:cannot} iustly be taken to be spoken
maliciouslye ; (ROPER-E1-H,89.102)

And where there is no malice , there can be no offence .
(ROPER-E1-H,89.103)

And ouer this I can never thincke , my lordes , that so many $worthye
Bishoppes , so many honorable parsonages , and $so many other
worshippfull , vertuous , wise and well learned men as att the makinge
of that lawe were in the Parliament assembled , ever ment to haue any
man pvnished by death in whom there coulde be found no malice , taking
' malitia ' $for ' maleuolentia ' ; (ROPER-E1-H,89.104)

For if ' malicia ' be generally taken for ' sinne ' , no man is there
then that can thereof excuse himself : (ROPER-E1-H,89.105)

Quia si dixerimus quod peccatum non habemus , nosmet ipsos seducimus ,
et veritas in nobis non est . (ROPER-E1-H,89.106)

And only this word ' maliciously ' is in the statute <P_90> materiall ,
as this terme ' forcible ' is in the statute of forcible entries ; By
which statute , if a man enter peaceably , and put not his aduersary
out forcibly , it is no offence . (ROPER-E1-H,90.107)

But if he put him out forcibly , then by that statute it is an offence
, (ROPER-E1-H,90.108)

and so shall he be punished by this tearme ' forcibly ' .
(ROPER-E1-H,90.109)

" Besides this , the manifold goodnes of the kings highnes himself ,
that hath bine so many waies my singuler good Lord and gracious
soueraigne , that hath so deerely loved and trusted me , even att my
$very first cominge into his noble service with the dignity of his
honourable pryvy Councell vouchsafing to admit me , and to offices of
greate creditt and worshippe most liberally advanced me , and finally
with that waighty Roome of his graces highe Chauncelour <paren> the
like whereof he neuer did to temporall man before </paren> next to his
owne roiall person the highest officer in this noble realme , so farr
aboue my merittes or qualities able and meete therefore , of his
incomparable benignity honoured and exalted me , by the space of XX=ti=
yeares and more shewing his continewall favour towards me , And <paren>
vntill at my owne poore suite , it pleased his highnes , geving me
licens , with <P_91> his maiesties favour , to bestowe the residue of
my life for the provision of my soule in the service of god , of his
especiall goodnes thereof to discharg and vnburthen me </paren> most
beningly heaped honours continually more and more vppon me :
(ROPER-E1-H,91.110)

All this his highnes goodnes , I say , <em> so long </em> thus
bountifully extended towards me , were in my minde , my Lordes , matter
sufficient to convince this sclaunderous surmise by this man so
wrongfully imagined against me . " (ROPER-E1-H,91.111)

Master Rich , seing himself so disproved , and his credit so fowlye
defaced , cawsed Sir Richard Southwell and master Palmer , that at $the
time of their communicacion were in the chamber , to be sworne what
wordes had passed betweene them . Wheruppon master Palmer , vppon his
deposition , said that he was so buysye about the trussinge vppe of Sir
Thomas Moores bookes in a sack , that he tooke no head to their talke .
(ROPER-E1-H,91.112)

Sir Richard Southwell likewise , vppon his deposition , said that
because he was apointed only to looke vnto the conveyaunce of his
bookes , he gaue no eare vnto them . (ROPER-E1-H,91.113)

After this were there many other Reasons , not nowe <P_92> in my
remembraunce , by Sir Thomas Moore in his owne defens alleaged , to the
discredit of master Riches aforesaid evidence , and proof of the
cleerenes of his owne consciens . All whiche notwithstandinge , the
Jury found him guilty . (ROPER-E1-H,92.114)

And incontinent vppon $their verdicte , the Lord Chauncelour , for that
matter cheif Comissioner , begininge <em> to proceede </em> in iudgment
against him , Sir Thomas Moore said to him : " My Lord , when I was
toward the Lawe , the manner in such case was to aske the prisoner
before Iudgment why Iudgment should not be geuen agaynste him . "
Wherevppon the lord Chauncelour , stayeng his Iudgment , wherein he had
partely proceeded , demaunded of him what he was able to say to the
contrary . Who then in this sorte moste humbly made awneswer :
(ROPER-E1-H,92.115)

" Forasmuch as , my Lorde , " quoth he , " this Indictment is grounded
vppon an acte of parliamente directly repugnant to the lawes of god and
his holy churche , the supreeme $gouernment of which , or of any parte
whereof , may no temporall prince presume by any lawe to take vppon him
, as rightfully belonging to the Sea of Roome , a spirituall
preheminence by the mouth of our Sauiour hymself , personally present
vppon the earth , $only to St Peeter and his successors , Byshopps of
the same Sea , <P_93> by speciall prerogative graunted ; It is
therefore in lawe amongest Christen men insufficient to charge any
Christen man . " (ROPER-E1-H,93.116)

And for proofe thereof , like as , amonge $diuers other reasons and
aucthorities , he declared that this Realme , being but one member and
$smale parte of the Church , might not make a particuler lawe
disagreable with the generall lawe of Christes vniuersall Catholike
Churche , No more then the city of London , beinge but one poore member
in respecte of the whole realme , might make a lawe against an acte of
parliament to bind the whole realme ; (ROPER-E1-H,93.117)

So farther shewed he that it was contrary both-3 to the lawes and
statutes of our owne Land yeat vnrepealed , As they might evidently
perceaue in Magna charta : Quod ecclesia Anglicana libera sit , et
habeat omnia iura sua integra et libertates suas illaesas ; And also
contrarye to that sacred oath which the kinges highnes himself and
euery other christian prince alwaies with greate solemnitye receaved at
their Coronations ; Alleaginge moreover that no more might this realme
of England refuse obediens to the Sea of Roome then might the child
refuse obediens to his <P_94> $owne naturall father .
(ROPER-E1-H,94.118)

For , as St Pawle said of the Corinthians : " I haue regenerated you ,
my children in Christ , " So might St Gregorye , Pope of Roome , of
whom , by St Austyne , his messenger , we first receaved the Christian
faithe , of vs Englishmen truly saye : " Yow are my children , because
I haue geuen to you euerlasting salvacion , a farr <em> higher and
</em> better inheritaunce then any carnall father can leaue to his
child , and by $regeneration made you my spirituall children in Christe
. " (ROPER-E1-H,94.119)

Then was it by the Lorde Chauncelour therunto awneswered , that seinge
all the Byshoppes , Vniuersities and best learned of $this Realme had
to this acte agreed , It was muche mervayled that he alone against them
all would so stiffly stick $therat , and so vehemently argue there
against . (ROPER-E1-H,94.120)

To that Sir Thomas Moore replied , sayenge : " If the number of
Bishoppes and vniuersytyes be so materiall as your lordeshippe seemethe
to take it , Then se I litle cause , my lorde , why that thing in my
consciens should make any chainge . (ROPER-E1-H,94.121)

For I nothinge doubte but that , thoughe not in this realme , yeat in
Christendome aboute , of thes well lerned Bishoppes and vertuous men
that <P_95> are yeat alive , they be not the fewer parte that be of my
mind therein . (ROPER-E1-H,95.122)

But if I should speake of those whiche already be dead , of whom many
be nowe holy sainctes in heaven , I am very sure it is the farre
greater parte of them that , all the while $they lived , thoughte in
this case that waye that I thinck nowe . (ROPER-E1-H,95.123)

And therefore am I not bounde , my lord , to conforme my consciens to
the Councell of one Realme against the generall Councell of
Christendome . " (ROPER-E1-H,95.124)

Nowe when Sir Thomas Moore , for thavoydinge of the Indictment , had
taken as many exceptions as he thought meete , and $many moe reasons
then I can nowe remember alleaged , The Lord Chauncelour , loth to haue
the burthen of that Iudgmente wholye to depend vppon himself , there
openlye asked thadvise of the Lord Fitz James , then Lord Cheif Justice
of the kings Bench , and ioyned in Comission with him , whether this
indictment were sufficient or not . Who , like a wise man , awneswered
: " My lords all , By St Julian " <paren> that was euer his oath
</paren> , " I must needes confes that if thacte of parliament be not
vnlawfull , then is not the Indictment in my conscience insufficient .
(ROPER-E1-H,95.125)

