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1    Nowe while Sir Thomas Moore was Chauncellour of
2the Duchy, the sea of Roome chaunced to be void,

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3which was cause of much trouble. For Cardinall Wolsey,
4a man very ambitious, and desirous (as good hope and
5likelyhod he had) to aspire vnto that dignity, perceaving
6himself of his expectacion disapointed, by meanes of the
7Emperour Chareles so highely comendinge one Cardinall
8Adrian, sometyme his scholemaster, to the Cardinalls of
9Roome, in the tyme of their election, for his vertue and
10worthines, that therevppon was he chosen Pope; who
11from Spayne, where he was then resident, cominge on
12foote to Roome, before his entry into the Citye, did put
13of his hosen and showes, barefoote and barlegged passing
14throwe the streates towards his pallaice, with such
15humblenes that all the people had him in greate reuerence;
16Cardinall Wolsey, I say, waxed so wood therwith,
17that he studied to invent all waies of reuengment
18of his grief against the Emperour; which, as it was the
19begininge of a lamentable tragedye, so some parte of it
20as not impertinent to my present purpose, I recknid
21requisite here to put in remembraunce.
22    This Cardinall therefore, not ignorant of the kings
23inconstante and mutable disposicion, soone inclined to
24withdrawe his devotion from his owne most noble,
25vertuous, and lawfull wif, Queene Katherine, awnt to

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26themperour, vppon euery light occasion, and vppon other,
27to her in nobility, wisdome, vertue, favour and bewtye
28farre incomparable, to fixx his affection, meaning to
29make this his so light disposition an instrument to bring
30aboute his vngodly intent, devised to allure the kinge
31(then alredye, contrary to his mind, nothing les lookinge
32for, fallinge in love with the Ladye Anne Bullen) to
33cast fantasy to one of the Frenche kings Sisters: which
34thing, because of the Enmity and warre that was at that
35tyme betweene the French king and the Emperour
36(whom, for the cause afore remembred, he mortally
37maligned) he was very desirouse to procure; And for
38the better atcheving thereof, requested Langland,
39Bishoppe of Lincolne, and ghostly father to the kinge,
40to put a scruple into his graces head, that itt was not
41lawfull for him to marry his brothers wife: which the
42kinge, not sory to heare of, opened it first to Sir Thomas
43Moore, whose councell he required therein, shewing
44hym certaine places of scripture that somewhat seemed
45to serve his appetite; which, when he had pervsed, and

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46thervppon, as one that had never professed the
47studye of divinity, himself excused to be vnmeete many
48waies to medle with suche matters, The king, not satisfied
49with this awneswer, so sore still pressed vppon him
50therefore, that in conclusion he condiscended to his
51graces motion. And further, forasmuche as the case
52was of such importaunce as needed great advisement
53and deliberation, he besought his grace of sufficient
54respite advisedly to consider of it. Wherewith the king,
55well contented, said vnto him that Tunstall and Clark,
56Byshoppes of Dirham and Bathe, with other lerned of
57his pryvy Councell, should also be dealers therein.
58    So Sir Thomas Moore departing, conferred those
59places of scripture with expositions of diuers of the
60old holy doctors; and at his cominge to the courte, in
61talking with his grace of thafore sayd matter, he said:
62    "To be plaine with your grace, neyther my lord of
63Dyrham nor my lord of Bathe, thoughe I knowe them
64both to be wise, vertuous, learned and honorable prelates,
65nor my self, with the rest of your councell, being all
66your graces owne seruants, for your manifold benefites

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67dailey bestowed on vs so most bounden to you, be, in
68my iudgment, meete councelors for your grace herin.
69But if your grace mind to vnderstand the truth, suche
70councellors may you haue devised, as neither for respecte
71of their owne worldly comoditye, nor for feare of your
72princely aucthority, will be inclined to deceave you."
73To whom he named then St Hierome, St Awsten, and
74divers other old holy doctors, both greekes and latines;
75and moreover shewed him what aucthorities he had
76gathered out of them; which, althoughe the kinge (as
77disagreable with his desire) did not very well like of,
78yeat were they by Sir Thomas Moore, who in all his
79communicacion with the king in that matter had alwaies
80most discreetely behaved himself, so wisely tempered,
81that he bothe presently tooke them in good parte, and
82oftetimes had thereof conferens with him agayne.
83    After this were there certaine questions among his
84councell proponed, whether the king needed in this case
85to have any scruple at all; and if he had, what way
86were best to be taken to deliuer him of it. The most
87parte of whom were of opinion that there was good

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88cause of scruple , and that for discharginge of it, sute
89were mete to be made to the Sea of Rome, where the
90king hoped by liberalty to obtaine his purpose; wherein
91as it after appeared, he was far deceaved.
92    Then was there for the triall and examinacion of this
93matrimony procured frome Rome a comission, in which
94Cardinall Campegius and Cardinall Wolsey were ioyned
95Comissioners; who, for the determination thereof, sate
96at the Black Friers in London, where A libell was put
97in for the adnullinge of the said matrimony, alleaging the
98mariage betweene the king and Queene to be vnlawfull.
99And for proof of the mariage to be lawfull, was
100there brought in a dispensation, in which, after divers
101disputacions theron holden, there appeared an imperfection,
102which, by an instrument or breif, vppon search
103found in the Tresury of Spaine, and sent to the Comissioners
104into England, was supplied. And so should
105iudgment haue bine geuen by the Pope accordingly,
106had not the king, vppon intelligens thereof, before the
107same iudgement, appealed to the next generall councell.
108After whos appellacion the cardinall vppon that matter
109sate no longer.
110    It fortuned before the matter of the said matrimony

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111brought in question, when I, in talke with Sir Thomas
112Moore, of a certaine ioy comended vnto him the happy
113estate of this Realme, that had so chatholike a prince
114that no heretike durst shewe his face, so vertuous and
115learned a clergy, so grave and sound a nobility, and
116so loving, obedient subiectes, all in one faithe agreing
117together: "Troth it is indeed, sonne Roper," quoth he,
118and in comending all degrees and estates of the same
119went farre beyond me, "And yeat, sonne Roper, I pray
120god," said he, "that some of vs, as highe as we
121seeme to sitt vppon the mountaynes, treading heretikes
122vnder our feete like antes, live not the day that we
123gladly wold wishe to be at a league and composition
124with them, to let them haue their churches quietly to
125themselfes, so that they wold be contente to let vs have
126ours quietly to our selves." After that I had told him
127many consideracions why he had no cause so to say:
128"Well," said he, "I pray god, sonne Roper, some of vs
129live not till that day," shewing me no reason why he
130should put any doubte therein. To whom I said: "By
131my troth, sir, it is very desperately spoken." That vyle
132tearme, I cry god mercy, did I geeue him. Who, by thes

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133wordes perceiuinge me in a fvme, said merily vnto me:
134"Well, well, sonne Roper, It shall not be so, It shall not
135be so." Whom, in xvj yeares and more, being in house
136conuersant with him, I could neuer perceiue as much
137as once in a fvme.
138    But nowe to retorne againe where I lefte. After the
139supplieng of the Imperfections of the dispensation, sent
140(as is before rehersed ) to the Comissioners into England,
141the kinge, taking the matter for ended, and then meaninge
142no farther to proceed in that matter, assigned
143the Bishoppe of Durham and Sir Thomas Moore to goe
144Embassadors to Cambray, a place neyther Emperiall
145nor Frenche, to treate a peace betweene the Emperour,
146the French king, and him. In the concluding whereof
147Sir Thomas Moore so worthily handled himself, procuring
148in our league far more benefites vnto this realme then at
149that time by the kinge or his Councell was thought

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150possible to be compassed, that for his good service in
151that voiage, the kinge, when he after made him Lord
152Chauncelour, caused the Duke of Norffolke openley to declare
153vnto the people (as you shall heare hereafter more
154at large ) howe much all England was bound vnto him.
155    Nowe vppon the coming home of the Byshoppe of
156Dyrham and Sir Thomas More from Cameray, the king
157was as earnest in persuading Sir Thomas Moore to agree
158vnto the matter of his mariage as before, by many and
159divers waies provoking him thereunto, For the which
160cause, as it was thought, he the rather soone after made
161him Lord Chauncelor; And further declaring vnto
162him that, thoughe at his goinge ouer Sea to Cameray,
163he was in vtter dispaire thereof, yeat he had conceaved
164since some good hope to compasse it. For albeit his
165mariage, being against the positive lawes of the churche
166and the written Lawes of god, was holpen by the dispensation,
167yeat was there another thinge found out of
168Late, he said, whereby his mariage appeared to be so
169directly against the lawe of nature, that it could in no
170wise by the church be dispensable; As Doctor Stokesley

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171(whom he had then preferred to be Byshoppe of London,
172and in that case cheifly credited) was able to instructe
173him, with whom he praied him in that point to conferre.
174But for all his conferens with him, he sawe nothing of
175such force as coulde induce him to chaunge his opinion
176therein: which notwithstandinge, the Bishoppe shewed
177himself in his reporte of him to the kings highnes so good
178and favorable that he said he found him in his graces
179cause very towarde, and desirouse to find some good
180matter wherewithe he might truly serve his grace to his
181contentation.
182    This Bishopp Stokesley, being by the Cardinall not
183long before in the Starre Chamber openley put to rebuke
184and awarded to the Fleete, not brooking this contumelious
185vsage, and thincking that Forasmuch as the Cardinall,
186for lack of such forwardnes in setting forthe the kings
187divorse as his grace looked for, was out of his highnes
188favour, he had nowe a good occassion offred him to
189revenge his quarell against him, further to incense the
190kings displeasure towards him, busily travailed to invente
191some collorable devise for the kings furtheraunce in that

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192behalfe; which (as before is mencioned) he to his grace
193revealed, hoping thereby to bring the kinge to the
194better liking of himself, and the more mislikinge of the
195Cardinall; whom his highnes therefore soone after of
196his office displaced, and to Sir Thomas Moore, the rather
197to move him to incline to his side, the same in his steede
198committed.
199    Who, betweene the Dukes of Norffolke and Suffolk,
200being brought throwghe Westminster Hall to his place
201in the Chancery, The Duke of Norffolke, in Audiens of
202all the people there assembled, shewed that he was from
203the kinge himself straightly charged, by speciall comission,
204there openly, in presens of them all, to make
205declaration howe much all England was beholdinge to
206Sir Thomas Moore for his good service, and howe worthy
207he was to haue the highest roome in the realme, and
208howe dearly his grace loved and trusted him, for which,
209said the duke, he had greate cause to reioyce. Wherunto
210Sir Thomas Moore, among many other his hvmble
211and wise sayengs not nowe in my memory, awneswered,
212That althoughe he had good cause to take comforte of
213his highnes singuler Favour towards him, that he had,
214farre aboue his desertes, so highly comended him,

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215to whom therfore he acknowledged himself most deeply
216bounden; yeat, neuertheles, he must for his owne parte
217needes confes, that in all things by his grace alleaged he
218had done no more then was his duty; And further
219disabled himself as vnmeete for that roome, wherein,
220considering howe wise and honourable a prelate had
221lately before taken so greate a fall, he had, he said,
222thereof no cause to reioice. And as they had before ,
223on the kings behalf, charged him vprightly to minister
224indifferent iustice to the people, without corruption or
225affection, So did he likewise charge them againe, that if
226they sawe him, at any time, in any thinge, digresse from
227any parte of his duty in that honorable office, euen as
228they wold discharge theyr owne duty and fidelitye to
229god and the kinge, so should they not faile to disclose it
230to his grace, who otherwise might haue iust occasion to
231lay his fault wholy to their Charge.
232 While he was Lorde Chauncelor, being at leisure (as
233seldome he was) one of his sonnes in Lawe on a tyme
234said merily vnto him: "When Cardinall Wolsey was
235lord Chauncelour, not only divers of his privye Chamber,
236but such also as were his doorekeepers gatt greate gayne."

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237And since he had maried one of his daughters, and gaue
238still attendaunce vppon him, he thought he mighte of
239reason looke for some; where he indeed, because he
240was so redy himself to heare euery man, poore and
241riche, and kepte no doores shut from them, could find
242none; which was to him a great discourage. And
243wheras els, some for freindshippe, some for kinred, and
244some for profitte, wold gladly haue had his furtheraunce
245in bringing them to his presens, If he should nowe take
246any thinge of them, he knewe, he said, he should do them
247greate wronge, For that they might do as muche for
248them selfes as he could do for them: Which condicion,
249althoughe he thought in Sir Thomas Moore very comendable,
250yeat to him, said he, being his sonne, he found it
251nothing profitable.
252    When he had told him this tale: "You saie well,
253sonne," quoth he; "I do not mislike that you are of
254conscience so scrupulous, but many other waies be there,

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255sonne, that I may both do your self good, and pleasure
256your freind also. For sometyme may I by my word
257stand your Frend in steede, and sometime may I by my
258letter helpe him; or if he haue a cause depending before
259me, at your request I may heare him before another.
260Or if his cause be not all the best, yeat may I moue the
261parties to fall to some reasonable end by arbitrement.
262Howbeit, this one thing, sonne, I assure thee on my
263faith, that if the parties will at my handes call for iustice,
264then, al were it my father stood on the one side, and the
265Divill on the tother, his cause being good, the Divill
266should haue right." So offred he his sonne, as he
267thoughte, he said, as much favour as with reason he
268coulde require.
269And that he wold for no respecte digresse from iustice,
270well appered by a pleine example of another of his
271sonnes in lawe called master Heron. For when he,
272having a matter before him in the Chauncery, and
273presuminge to much of his favour, wold by him
274in no wise be perswaded to agre to anye indifferent

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275order, then made he in conclusion a flatt decre against
276him.
277    This Lord Chauncelour vsed comonly euery after
278noone to sitt in his open haule, to thentent that , if any
279persons had any suite vnto him, they might the more
280boldly come to his presens, and there open their complaintes
281before him; whose manner was also to reade
282euery bill himself, ere he wold award any sub pena;
283which bearing matter sufficient worthy a sub pena,
284wold he sett his hand vnto, or els cancell it.
285    Whensoeuer he passed throughe westminster hall to
286his place in the Chauncery by the courte of the kinges
287Benche, if his father, one of the Judges thereof , had
288bine sate ere he came, he wold goe into the same courte,
289and there reuerently kneeling downe in the sight of
290them all, duly aske his fathers blessinge. And if it
291fortuned that his father and he, at readings in Lincolnes
292Inne, mett together, as they sometime did, notwithstanding
293his highe office, he wold offer in argument the
294prehemynens to his father, thoughe he, for his office
295sake, wold refuse to take it. And for the better declaration
296of his naturall affection towards his father, he not

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297only, while he lay on his death bedd, accordinge to his
298dutie , ofte times with comfortable wordes most kindly
299came to visite him, But also at his departure out of the
300world, with teares taking him about the necke, most
301lovingly kissed and imbraced him, commending him
302into the mercifull handes of almighty god, and so departed
303from him.

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304    When Sir Thomas Moore had continued a good while
305in the Tower, my Lady, his wife, obtayned lycens to see
306him; who, at her first cominge, like a simple ignorant
307woman, and somewhat worldly too, with this manner
308of salutacion bluntlye saluted him:
309    "What the good yere, master Moore," quoth she, "I
310mervaile that you, that have bine alwaies hitherto taken
311for so wise a man, will nowe so play the foole to lye
312heare in this close, filthy prison, and be content thus to
313be shut vpp amongst mise and rattes, when you might
314be abroade at your libertye, and with the favour and
315good will both of the kinge and his Councell, If yow
316wold but doe as all the Byshops and best learned of this
317realme haue done. And seinge you have at Chelsey a

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318right faire house, your library, your bookes, your gallery,
319your garden, your orchard, and all other necessaries so
320handsome aboute you, where you might in the company
321of me your wife, your children, and howshold be
322meerye, I muse what a gods name you meane heare still
323thus fondly to tarye."
324    After he had a while quietly heard her, with a chearefull
325countenaunce he said vnto her:
326    "I pray thee, good mistris Alice, tell me one thinge."
327    "What is that?" quoth shee.
328    "Is not this house," quoth he, "as nighe heauen as
329my owne?"
330    To whom shee, after hir accustomed homely fashion,
331not liking such talke, awneswered, "Tylle valle, Tylle
332valle!"
333    "Howe say you, mistris Alice," quoth he, "is itt not
334so?"
335    " Bone deus, bone deus , man , will this geare neuer
336be lefte?" quoth shee.
337    "Well then, mistris Ales, if it be so," quoth he , "it
338is very well. For I see no greate cause why I should
339much Ioye either of my gay house or of any thinge
340belonginge therunto; when, if I should but seuen yeares
341lye buried vnder the ground, and then arise and come
342thither againe, I should not faile to find some therein

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343that wold bid me get me out of doores, and tell me it
344were none of mine. What cause haue I then to like
345such an house as wold so soone forgett his master?"
346    So her perswasions moved him but a litle.
347    Not longe after came there to him the Lord Chauncelour,
348the dukes of Norfolke and Suffolk, with master
349Secretory and certaine other of the privy Counsaile, at
350two seuerall times, by all pollicies possible procuringe
351him, eyther precisely to confesse the supremacy, or precisely
352to denye it; wherunto, as appeareth by his
353examinations in the said great book, they could neuer
354bringe him.
355    Shortlye herevppon, master Riche, afterwardes Lord
356Riche, then newlye made the kings Solicitor, Sir Richard
357Sowthwell, and one master Palmer, servaunt to the Secretory,
358were sent to Sir Thomas Moore into the Tower, to
359fetche away his bookes from him. And while Sir
360Richard Southwell and master Palmer were busye in the
361trussing vppe of his bookes, master Rich, pretending
362freindly talke with him, amonge other things, of a sett
363cours, as it seemed, saide thus vnto him:

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364    "Forasmuch as it is well knowen, master Moore, that
365you are a man bothe wise and well learned aswell in the
366lawes of the realme as otherwise, I pray you therefore,
367Sir, lett me be so bold as of good will to putte vnto you
368this case. Admitt there were, Sir," quoth he, "an acte
369of parliament that all the Realme should take me for
370kinge. Wold not you, master Moore, take me for
371kinge?"
372    "Yes, sir," quoth Sir Thomas Moore, "that wold
373I."
374    "I put case further," quoth master Riche, "that
375there were an acte of parliament that all the Realme
376should take me for Pope. Wold not you then,
377master Moore, take me for Pope?"
378    "For awneswer, Sir ," quoth Sir Thomas Moore, "to
379your firste case: the parliament may well, master
380Riche, medle with the state of temporall princes. But
381to make awneswer to your other case, I will put you
382this case: Suppose the parliament wold make a lawe
383that god shold not be god. Wold you then, master
384Riche, say that god were not god?"

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385    "No, Sir," quoth he, "that wold I not, sith no
386parliament maye make any such lawe."
387    "No more," said Sir Thomas Moore, as master Riche
388reported of him, "could the parliament make the kinge
389Supreame head of the churche."
390    Vppon whose onlye reporte was Sir Thomas Moore
391indicted of treason vppon the statute wherby it was
392made treason to denye the kinge to be supreame head of
393the churche. Into which indictment were putt thes
394haynouse wordes - "Maliciously, trayterouslye, and
395Diabolically".
396    When Sir Thomas Moore was brought from the tower
397to westminster hall to awneswer the Indictment, and at
398the kings bench barre before the Iudges thervppon
399arraigned, he openly told them that he wold vppon
400that indictment haue abidden in lawe, but that he therby
401shoulde haue bine driven to confesse of himself the
402matter indeede, that was the deniall of the kings
403supremacye, which he protested was vntrue. Wherefore
404he therto pleaded not giltye; and so reserved vnto
405himself advantage to be taken of the body of the matter,
406after verdicte, to avoid that Indictment; And moreouer
407added that if thos only odious tearmes, "Maliciously,
408traiterouslye, and diabolicallye," were put out of the

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409Indictment, he sawe therein nothinge iustlye to charge
410him.
411    And for proof to the Jury that Sir Thomas Moore was
412guilty of this treason, master Rich was called forth to
413giue evidence vnto them vppon his oath, as he did.
414Against whom thus sworne, Sir Thomas Moore began
415in this wise to say: "If I were a man, my lordes, that
416did not regarde an othe, I needed not, as it is well
417knowen, in this place, at this tyme, nor in this case, to
418stand here as an accused person. And if this othe of
419yours, master Riche, be true, then pray I that I neuer
420see god in the face; which I wold not say, were it otherwise,
421to winne the whole world." Then recited he to
422the courte the discourse of all theyr communicacion in
423the Tower, accordinge to the truthe, and said: "In
424good faithe, master Riche, I am soryer for your
425periurye then for my owne perill. And yow shall vnderstand
426that neyther I, nor no man els to my knowledge,
427ever tooke you to be a man of such creditt as in any
428matter of importaunce I, or any other, would at anye
429tyme vouchsaf to communicate with you. And I, as

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430you knowe, of no small while haue bine acquainted with
431yow and your conuersacion, who haue knowen you from
432your youth hitherto; For we longe dwelled both in one
433parishe together, where, as your self can tell (I am sory
434you compell me so to say) you were esteemed very light
435of your tongue, A greate dicer, and of no comendable
436fame. And so in your house at the temple, wheare
437hath bine your cheif bringing vppe, were you likewise
438accompted.
439    "Can it therefore seeme likely vnto your honorable
440Lordshipps that I wold, in so weyghty a cause, so vnadvisedlye
441overshootte my self as to trust master Rich, a
442man of me alwaies reputed for one of so litle truth, as
443your lordshipps haue heard, So farre aboue my soueraigne
444Lord the kinge, or any of his noble Councellours, that I
445wold vnto him vtter the secreates of my consciens
446towchinge the kings supremacye, The speciall pointe
447and only marke at my handes so longe sought for: A
448thinge which I neuer did, nor neuer wold, after the
449statute thereof made, reveale either to the kings highnes
450himself, or to any of his honorable councellours , as it is
451not vnknowne to your honors, at sundry seuerall
452times sent from his graces owne person vnto the

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453Tower vnto me for none other purpose? Can this in your
454iudgments, my lordes, seeme likely to be true? And
455yet , if I had so done indeed, my lords, as master
456Rich hath sworne, seing it was spoken but in Familiar
457secreate talk, nothing affirminge, and only in puttinge of
458cases, without other displeasaunt circumstances, it cannot
459iustly be taken to be spoken maliciouslye; And
460where there is no malice, there can be no offence. And
461ouer this I can never thincke, my lordes, that so many
462worthye Bishoppes, so many honorable parsonages,
463and so many other worshippfull, vertuous, wise and
464well learned men as att the makinge of that lawe were
465in the parliament assembled, ever ment to haue any
466man pvnished by death in whom there coulde be
467found no malice, taking 'malitia' for 'maleuolentia' ;
468For if 'malicia' be generally taken for 'sinne', no
469man is there then that can thereof excuse himself:
470Quia si dixerimus quod peccatum non habemus,
471nosmet ipsos seducimus, et veritas in nobis non est.
472And only this word 'maliciously' is in the statute

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473materiall, as this terme 'forcible' is in the statute of
474forcible entries; By which statute, if a man enter
475peaceably, and put not his aduersary out forcibly, it is
476no offence. But if he put him out forcibly, then by
477that statute it is an offence, and so shall he be punished
478by this tearme 'forcibly'.
479    "Besides this, the manifold goodnes of the kings
480highnes himself, that hath bine so many waies my singuler
481good Lord and gracious soueraigne, that hath so deerely
482loved and trusted me, even att my very first cominge
483into his noble service with the dignity of his honourable
484pryvy Councell vouchsafing to admit me, and to offices
485of greate creditt and worshippe most liberally advanced
486me, and finally with that waighty Roome of his graces
487highe Chauncelour (the like whereof he neuer did to
488temporall man before) next to his owne roiall person the
489highest officer in this noble realme, so farr aboue my
490merittes or qualities able and meete therefore, of his
491incomparable benignity honoured and exalted me, by
492the space of XX^ti yeares and more shewing his continewall
493favour towards me, And (vntill at my owne
494poore suite, it pleased his highnes, geving me licens, with

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495his maiesties favour, to bestowe the residue of my life
496for the provision of my soule in the service of god, of
497his especiall goodnes thereof to discharg and vnburthen
498me) most beningly heaped honours continually more
499and more vppon me: All this his highnes goodnes, I say,
500so long thus bountifully extended towards me, were
501in my minde, my Lordes, matter sufficient to convince
502this sclaunderous surmise by this man so wrongfully
503imagined against me."
504    Master Rich, seing himself so disproved, and his credit
505so fowlye defaced, cawsed Sir Richard Southwell and
506master Palmer, that at the time of their communicacion
507were in the chamber, to be sworne what wordes had
508passed betweene them. Wheruppon master Palmer,
509vppon his deposition, said that he was so buysye about
510the trussinge vppe of Sir Thomas Moores bookes in a
511sack, that he tooke no head to their talke. Sir Richard
512Southwell likewise, vppon his deposition, said that because
513he was apointed only to looke vnto the conveyaunce
514of his bookes, he gaue no eare vnto them.
515    After this were there many other Reasons, not nowe

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516in my remembraunce, by Sir Thomas Moore in his owne
517defens alleaged, to the discredit of master Riches aforesaid
518evidence, and proof of the cleerenes of his owne
519consciens. All whiche notwithstandinge, the Jury found
520him guilty. And incontinent vppon their verdicte,
521the Lord Chauncelour, for that matter cheif Comissioner,
522begininge to proceede in iudgment against him, Sir
523Thomas Moore said to him: "My Lord, when I was
524toward the Lawe, the manner in such case was to aske
525the prisoner before Iudgment why Iudgment should not
526be geuen agaynste him." Wherevppon the lord Chauncelour,
527stayeng his Iudgment, wherein he had partely
528proceeded, demaunded of him what he was able to say
529to the contrary. Who then in this sorte moste humbly
530made awneswer:
531    "Forasmuch as, my Lorde," quoth he, "this Indictment
532is grounded vppon an acte of parliamente directly
533repugnant to the lawes of god and his holy churche, the
534supreeme gouernment of which, or of any parte whereof,
535may no temporall prince presume by any lawe to take
536vppon him, as rightfully belonging to the Sea of Roome,
537a spirituall preheminence by the mouth of our Sauiour
538hymself, personally present vppon the earth, only to
539St Peeter and his successors, Byshopps of the same Sea,

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540by speciall prerogative graunted; It is therefore in lawe
541amongest Christen men insufficient to charge any
542Christen man." And for proofe thereof, like as, amonge
543diuers other reasons and aucthorities, he declared that
544this Realme, being but one member and smale parte
545of the Church, might not make a particuler lawe disagreable
546with the generall lawe of Christes vniuersall
547Catholike Churche, No more then the city of London,
548beinge but one poore member in respecte of the whole
549realme, might make a lawe against an acte of parliament
550to bind the whole realme; So farther shewed he
551that it was contrary both to the lawes and statutes of
552our owne Land yeat vnrepealed, As they might evidently
553perceaue in Magna charta: Quod ecclesia Anglicana
554libera sit, et habeat omnia iura sua integra et libertates
555suas illaesas ; And also contrarye to that sacred oath
556which the kinges highnes himself and euery other christian
557prince alwaies with greate solemnitye receaved at
558their Coronations; Alleaginge moreover that no more
559might this realme of England refuse obediens to the Sea
560of Roome then might the child refuse obediens to his

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561owne naturall father. For, as St Pawle said of the
562Corinthians: "I haue regenerated you, my children in
563Christ," So might St Gregorye, Pope of Roome, of
564whom, by St Austyne, his messenger, we first receaved
565the Christian faithe, of vs Englishmen truly saye:
566"Yow are my children, because I haue geuen to you
567euerlasting salvacion, a farr higher and better inheritaunce
568then any carnall father can leaue to his child,
569and by regeneration made you my spirituall children
570in Christe."
571    Then was it by the Lorde Chauncelour therunto
572awneswered, that seinge all the Byshoppes, Vniuersities
573and best learned of this Realme had to this acte agreed,
574It was muche mervayled that he alone against them all
575would so stiffly stick therat , and so vehemently argue
576there against.
577    To that Sir Thomas Moore replied, sayenge: "If the
578number of Bishoppes and vniuersytyes be so materiall
579as your lordeshippe seemethe to take it, Then se I litle
580cause, my lorde, why that thing in my consciens should
581make any chainge. For I nothinge doubte but that,
582thoughe not in this realme, yeat in Christendome aboute,
583of thes well lerned Bishoppes and vertuous men that

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584are yeat alive, they be not the fewer parte that be of my
585mind therein. But if I should speake of those whiche
586already be dead, of whom many be nowe holy sainctes in
587heaven, I am very sure it is the farre greater parte of
588them that, all the while they lived, thoughte in this
589case that waye that I thinck nowe. And therefore am
590I not bounde, my lord, to conforme my consciens to the
591Councell of one Realme against the generall Councell of
592Christendome."
593    Nowe when Sir Thomas Moore, for thavoydinge of
594the Indictment, had taken as many exceptions as he
595thought meete, and many moe reasons then I can nowe
596remember alleaged, The Lord Chauncelour, loth to haue
597the burthen of that Iudgmente wholye to depend vppon
598himself, there openlye asked thadvise of the Lord Fitz
599James, then Lord Cheif Justice of the kings Bench, and
600ioyned in Comission with him, whether this indictment
601were sufficient or not. Who, like a wise man, awneswered:
602"My lords all, By St Julian" (that was euer his
603oath), "I must needes confes that if thacte of parliament
604be not vnlawfull, then is not the Indictment in
605my conscience insufficient."