VOLUME 8
The appeal of the bishop of Winchester before the sentence definitive.
"
In the name of God, Amen. Before you judges delegates, or commissaries pretended,
under named, and before you notaries public, and authentic persons: and also before you
witnesses here present, I, Stephen, by the permission of God bishop of Winchester, to the intent
to appeal, and likewise principally of nullity to querell under the best and most effectual way,
manner, and form of law which I best and most effectually ought to do, and to all purposes and
effects of the law that may follow thereof, say, allege, and in this writing propone in law—That,
although I have obtained, and do obtain, hold, keep, and occupy the said bishopric of Winchester
lawfully; and the same, (so by me lawfully had and obtained,) with all the rights and
appurtenances of the same, have possessed, by many years, peaceably and quietly; and so
(saving always such things and griefs, as be under written) do possess now, at this present time;
and, for the very and true bishop, and lawful possessor aforesaid, have been and am commonly
taken, named, had, holden, and reputed, openly and notoriously: and albeit I was and am (as I
thought to be) in peaceable possession of the law, to take, have, and receive the fruits, rents,
provents, obventions, and other rights and profects, whatsoever they be, in any wise to the
bishopric aforesaid appertaining, and of the same bishopric, by any manner of means, coming or
happening: and though also I was, and am, a man of perfect and full integrity and of good name
and fame, and also of life, manners, and conversation laudable; not suspected, not
excommunicated, nor interdicted; neither with any crime, at least notorious or famous, nor with
any disobedience or contentions against any my superiors, noted, respersed, or convicted; but to
obey the law, and to stand to the commandments, precepts, and monitions of the most noble
prince, and our sovereign lord, Edward the Sixth, (by the grace of God, king of England, France,
and Ireland, defender of the faith, and in earth of the Church of England and Ireland supreme
head,) as far forth as they be consonant, conformable, and agreeable with the laws, statutes,
parliaments, and injunctions of the said king's Majesty, and ordained by his authority, published,
made, and admitted—being not repugnant to the same: and as I may obey the same, saving the
integrity of my conscience, am always ready likewise, as hitherto I have always been, as far as I
am bound, duly to obey the same, and, with God's help, so do intend to do hereafter, and all other
my superiors:—Yet, nevertheless, the most reverend father in God, Thomas, by the sufferance of
God archbishop of Canterbury, primate of all England, and metropolitan; Nicholas, bishop of
London; Thomas, bishop of Ely, one of the king's Majesty's privy council; Henry, bishop of
Lincoln; Sir William Peter, knight, one of the king's Majesty's principal secretaries, and one of
the king's Highness's privy council; Sir James Hales, one of the justices of the Common Pleas;
John Oliver, and Griffith Leyson, doctors of the civil law; John Gosnall, Richard Goodrick,
esquires, commissaries or judges delegate, as they pretend themselves, by virtue of commission
to them committed by the king's Majesty's proceeding against me, (the bishop aforesaid,) of their
pretended office, necessarily promoted, as is pretended: laying and objecting against me certain
articles, as well for the generality of them as otherwise, of no value, efficacy, or effect: and
thereupon, and upon other interrogatories ministered privately by them, without the knowledge
of the said bishop, taking away his just defence in that behalf: examining also divers and sundry
witnesses upon them, contrary to the due order and deposition of the law, and without any
corporal oath due and accustomed in that behalf, to them given, or by them taken,
notwithstanding the said witnesses were, and be, laymen, and the cause original (as it is
pretended) very urgent, tending to the deprivation of a bishop: which judges, or pretended
commissaries, earnestly and vehemently defend the same, against the said bishop, and, showing
-212-