James Bainham was a lawyer, and Foxe declares that he was whipped at the Tree of Truth in Mores garden, and was then sent to the Tower to be racked, “and so he was, Sir Thomas More being present himself, till in a manner he had lamed him.”  Bainham, like Tewkesbury, recanted, and both of them bewailed and retracted their recantations, first before their friends in a Protestant gathering in Bow Lane, and afterwards in a Catholic Church, in consequence of which, according to Foxe, both were burned.  But a part of what Foxe wrote about Tewkesbury in one edition of the Acts and Monuments he omitted in another, patching it on to Bainham’s story, thus stultifying himself as regards both stories,* and affording us another signal illustration of the irresponsible and unscrupulous way in which he could deal with evidence.

* Vol. iv., p. 702; and Appendix, p. 769; Pratt’s ed.

He further attributed to More the death of John Frith, who suffered death in 1533, a year after Sir Thomas had laid down his office, although in his Apology, the exchancellor referred to Frith as being then in the Tower, not committed by him but by “the King’s Grace and his Council."*

* Apology, p. 887.

Foxe might easily, had he been so inclined, have verified these things by reference to the thirty-sixth chapter of the above-mentioned Apology, in which More answered the lies “neither few nor small that many of the blessed brethren have made and daily yet make by me.”  He goes on to say:—­

“Divers of them have said that of such as were in my house while I was chancellor, I used to examine them with torments, causing them to be bound to a tree in my garden, and there piteously beaten.  And this tale had some of those brethren so caused to be blown about, that a right worshipful friend of mine did of late, within less than this fortnight, tell unto another near friend of mine that he had of late heard much speaking thereof.  What cannot these brethren say that can be so shameless to say thus?  For of very truth, albeit that for a great robbery, or a heinous murder, or sacrilege in a church, with carrying away the pix with the Blessed Sacrament, or villainously casting it out, I caused sometimes such things to be done by some officers of the Marshalsea, or of some other prisons, with which ordering of them, and without any great hurt that afterwards should stick by them, I found out and repressed many such desperate wretches, as else had not failed to have gone farther; yet saving the sure keeping of heretics, I never did cause any such thing to be done to any of them in all my life except only twain.”