that which iustice should perswade And the sayd William appeared neither by himselfe nor by proctor but onely by a seruaunt whose name we know not he sent a certayn schedule of paper made like an indenture vnto vs to excuse him After which schedule sene read and with ripe deliberatioÌ„ wayed and in any wise notwithstaÌ„ding we adiudged the sayd William after he was ofteÌ„ called long euen to the due hour taried for by no meanes appering worthely for his obstinacy for his stubbernnes assigned vnto him the 29. day of Iuly in the Church of Ponsley to appeare before vs with the foresayd sauegard to aunswere more fully to suche articles and otherwise to heare receiue and do as before is noted ¶ The second dayes act Upon Saterday being the 29. of Iuly and in the yeare of the Lord aforesayd we Iohn by Gods permission the fore remembred Bishop in the Church of Pontesbury of our Dioces at sixe of the clock or there about sitting in iudgement made the sayd WilliaÌ„ of Swinderby to be opeÌ„ly called that as was to him appointed aud assigned he should appere before vs to answere to the foresayd articles more fully and to declare the sayd articles as the darknes of his aunsweres did worthely require And that the sayd William being called long for a due time looked for did make no meanes to appere and so we pronounced him to be obstinate and for his obstinatnes to ouercome his malice of our exceeding fauor thought good to appoynt and dyd appoynt the 8. of August theÌ„ next following at Cleobury Mortemere of the same our dioces vnto the sayd William for the same thing ¶ The third dayes act Upon Tewsday the 8. of August the yeare aforesayd I Iohn by Gods permission Bishop of Hereford aforesayd in the Church of Cleobury Morâ—emere about 6. of the clocke sitting in iudgement caused the foresayd WilliaÌ„ Swinderby to be called many times openly to do and receiue about the premisses according to the appoyntment of the same day that iustice should aduise which William did not appeare at all WherupoÌ„ we after that the sayd WilliaÌ„ was called and often proclaymed and long looked for but not appering at all did iudge him worthely as of right apperteined obstinate and for his obstinatnes assigned him the 16. day of the same moneth of August next folowing in the parish Church of Whithorne of the same our dioces to bring forth or to see brought forth all lawes muniments and other kinds of proofes to see also witnesses brought forth admitted and sworne by whom and which thinges we intend to proue the foresayde articles or at least wyse some of the same ¶ The fourth dayes act UpoÌ„ wednesday the 16. day of the moneth of august the yeare aforesaid we Iohn the bishop in the parish Church of Whithorn aforesayd of our dioces sitting in iudgement caused the sayd William Swinderby often times to be called who as is aforesayd appeared not at all whom after that hee was so called proclaymed long looked for yet by no means appering we pronouÌ„ced to be obstinate We receiued also by certayne faithfull Christians and zealous men for the catholicke fayth of our dioces a certayne proces made and had at an other time agaynst the same William before the reuerend father in God and Lord Lord Iohn by the grace of God Bishop of Lincolne confirmed by the hanging on of the seale of the same reuerend father the Lord Bishop of Lincolne The tenor wherof word for word is contayned before And these faythfull Christians moreouer agaynst the obstinatenes of the sayd William Swynderby brought forth discreet meÌ„ M. William Leuiet parson of the parish Churche of Kyuersâ—y and also Edmunde Waterdon parish Chaplaine of the Chappell of N. Roger Newton and Hugh Sheppert lay men of the dioces of Lincolne asking instantly that they might be receiued for witnesses to proue some of the foresayd articles who agaynst the obstinatenes of the sayd William Swinderby we thought good to receiue and did receiue and their othes to the holy Gospels of God being layd handes on corporally in our hand And did diligeÌ„tly â—ramine them in proper person seuerally in forme or law whose sayinges depositions are afterward brought in at the instance of the same faythfull Christians we assigned the second day of SepteÌ„ber then next folowing to the sayd William Swinderby to say and alledge agaynst the sayd proces witnesses and their sayinges in the sayd Church of Whythorne decreeing that a copy should be made for him of these thinges that were brought forth and of the depositions of the witnesses Here we fayle in our copy till the Register come to our handes agayne by the dore but wendith vpon an other halfe he is a night theefe and a day theefe And there he relieth how he that â—ieth from theyr flock is not the shepheard but an hired maÌ„ and it pertayneth not to him of the sheepe ☞ To the second conclusion that he saien is errour or heresy that toucheth taking away of the temporalties and of Lordships of priests that bene euill liuers I say me seemeth that the conclusion is true is thys that it were medefull and leefull to secular Lords by way of charity and by power geuen to them of God in default of Prelates that amend naught by Gods law cursed Curates that openly misuse the goodes of the holye Church that ben poore mens goods and customably ayens the law of God the which poore men Lords ben holden to mayntayne and defend to take away and to draw from such curates poore mens goodes in helpe of the poore and theyr owne wilfull offeringes and theyr bodely almose deedes of worldly goodes and geue them to such as duely seruen God in the Churche and bene ready in vpbearing of the charge that prelats shoulden do and done it not And as anences taking away of temporalties I say thus that it is leefull to Kinges to Princes to Dukes and to Lords of the world to take away from Popes from Cardinals froÌ„ Bishops Prelates and possessioners in the Church theyr temporalties and theyr almes that they haue geueÌ„ theÌ„ vpon conditioÌ„ that they shoulden serue God the better wheÌ„ they verely seen that theyr geuing taking bene coÌ„trary to the law of God contrary to Christes liuing and his Apostles and namely in that that they takeÌ„ vpon theÌ„ that they shouldeÌ„ be next folowers of Christ his apostles in poorenes and meeknes to be secular Lords against the teaching of Christ and of S. Peter Truely me semeth that all Christen men and namely Priestes shoulden take keepe that their doing were according with the law of god either the old law either the new The Priestes of the olde law wern forbidden to haue Lordshippes among theyr brethren for God sayd that he would be theyr part and theyr heritage And Christ that was the highest Priest of the new
thinges farre exceedeth temporall matters so much more a great deale y◠spirituall sonne is bound to reuerence the spiritual father to be in subiection vnto him that he may liue And that the Priestes and Prelates be the spirituall fathers it is proued in the fourth book of the kinges the 6. chapter where the king of Israell called Elizeus father saying my father shall I finite them Vnto this effect serueth the 10. of Luke where our sauiour sayd to the Apostles whose successors the Bishops are he that heareth you heareth me he that despiseth you despiseth me Also in the first to the Thessaloniās 4. chapter He that despiseth you despiseth not men but God wherfore Iustinian the Emperour in an other place sayth we haue great care to the Church of God that therein may be true doctrine and integrity of Priestes life which hauing we trust that for our great giftes we shall receiue such rewardes at Gods hands both as be durable and shall remain yea and also that hetherto hath not happened Blessed S Hierome in his Register writing to a certayne Emperor which is also to be scene in the decrees decr 11. q. 1. sayth Let not the Emperour disdayne priestes but haue speciall regard on them for his sake whose seruauntes they be and so let him rule ouer them that due and condigne reuerence be geuen vnto them For they in deuine Scriptures are sometime termed Gods sometimes named Angels Exodus 22. Then shall both their causes come before the Gods Also Malachy the second the Priests lippes should be sure of knowledge that men may seeke the law at his mouth For he is a Messenger of the Lord of hostes And therefore is it no maruell if we should vouchsafe to honour them when God himselfe in his speech attributing to them honour termeth them Gods and Aungels And here is to be noted how Constantine the Emperor when certayne of his subiectes presented vnto him libels accusatory agaynst the Bishoppes receiued them at theyr handes But calling before him those Bishoppes whiche were accused therein cast in theyr sight those libelles into the fire saying depart you hēce and discusse these matters within yourselues For it is not conuenient and meet that we iudge Gods because it is written God stood in the sinagoge of Gods and in the middest of them he did iudge Gods in which chap. it is declared how that the Pagans who worshipped goldē wooden Gods attributed great honor to the Priests what maruell is it then if the godly great and christian Emperors do honor reuerence the priests of the true God And doubtlesse it is their duety so to doe And it is reason which the Lord Peter the last day said in this point That there are two powers priesthood and dominion the one spirituall the other tēporall which no lesse differeth one from the other then the sunne from that moone the heauē from the earth and gold from lead And therfore if honor is due to be geuē to the lesser power by thē that be vnderneth him he the is chiefe of the higher power of right good duety is to be honoured and reuerenced of all vnder him as expressely is declared Cap. Solit Dema. ob In which chap. answere is fully made to the allegatiō of the L. Peter alledged by him to make for his purpose that is to say Beye subiect to all creatures for Gods sake c. There he speaketh of the subiectiō which standeth vpon y◠merit of vertue not vpon the duty of necessity For els if he should speak of the subiection which is by duty of necessity thē must it needs follow that euery bishop ought to be subiect to euery beggerly rascall in the city of Paris For that text is be ye subiect to all humain creatures but a rascal is a human creature ergo bishops must be subiect to a rascal Of the dignity of a B. Ambrose talketh in his pastorall The honor saith he the maiesty of a B. is without all cōparison If you compare it to the royalty of a king it is euē as you would cōpare mettall or lead to the beauty of gold For the is to be seen that kings princes stooping vnder the knees of priests kissing their right hand thinke thēselues to be defended by their prayer And because the kings of Fraunce haue more then other honored reuerēced the Prelats they haue aboue al other florished prospered It is said in Eccle 4. he that honoreth his father shall reioice in his sons And it followeth there he that honoureth his father shall liue a long life This is therefore the signe of the feare of God And as it is written in Eccl. 4. He that feareth God honoreth his parentes Thirdly I say that a man ought to feare God in the full reuerencing restoring vnto man that is his For he that doth not geue to another y◠is his but goeth about to vsurpe doubtles he feareth not God Contrary he that restoreth all agayne he is sayd to loue feare God Ecclesiast 18. He that feareth God will doe good thinges And in the Psalme I haue bene afeard of thy iudgementes and haue done iudgemēt and iustice For as the Lawyers say which is true A thing may be made mine diuers wayes as by succession commutatiō prescriptiō or any other acquisition either by law or custome And so of the rest And where as the Lord Peter the last day by distinction of iurisdictiō temporall spirituall endeuored to proue that he which had spirituall iurisdiction ought not to haue tēporall Otherwise there were no distinctiō therof but rather a confusion of iurisdictions I will therefore proue the cōtrary that these iurisdictiōs are cōpatible both in one person especially in an ecclesiasticall man And this I wyll proue by the law of God by the law of nature canō law ciuill law by custome and priuiledge But first I aledge that accidentall formes some of them are so distincted that they are not clean contrary but disalike as whitenes and sweetnes Other formes there be which are so distincted the they are cleane contrary one to the other are not cōpatible in one subiect For one contrary expels another and emporteth the negatiue of the other wherfore those things be contrary which one from another are most of all distāt and disagreing and in one susceptible may come one after the other but not together as the Philosopher teacheth in the Predicamentes But those formes which are so distincted that they be not contrary but disalike are compatible in one subiect as quantity and quality which being distincted in respect of their Genus generalissimum yet may be in one person And fortitude and temperance being vnder one kind of moral vertue are foūd to be in one mā as Logick and Grammer which are also species kinds in one genus viz. of
the olde vnto the young namely men of holy Church breken his hest and few Bishoppes pursuen hem therfore The 15. Article is this that I shoulde haue taught to true men of Christ that on no maner they should worship the Image of him that was done on the crosse or the Image of the blessed mayd his mother or of other Sayntes into honor and worship of the same ordeinet in the minde of them And oft sithes the worshipper of such Image he has reprouet saying and strongly affirming that Church men sinnen and done Idolatry This conclusion haue I not sayd in these termes But this I say with protestation that God commaūdes in his law in diuers places Exod. 20. Leuit. 19. 26. Deut. 5. 7. Tobiae 1. Baruc. 6.2 ad Corin. 10. Esay 45. Iere. 2.6.8 10.22 vltimo Sapient 13. 14. 15. Mac. 5. Threnorum 4. postremo that men should not worshippē grauen Images that ben werkes of mens handes And also he bids that mē should not make to hem grauen Images in likenesse of the thinges that bene in heauen to that end to worshippen hem sethen neither God ne Christ by his manhood gaue neuer commaundement to make thes Images ne expresse counsell ne his Apostles in all his law ne to worship such that bene made But wel I wote that by mens owne relation that haue misbeleuet in hem that many mē sinnen in manmetry worshipping such dead Images Notforthy to tho men bene Images good to whom they bene but kalēdars and through the sight of hem they knowen the better and worshippen oft God and his Saints And to such mē they done harme that settē her hope and trust in hem or done any worship to hem agaynst Gods law his hest Vnde ait Gregorius in Registro libro 10. in Epistola ad Serenum Episcopum Si quis imagines facere voluerit minimè prohibe adorare omnino prohibe Sed hoc solicitè fraternitas tua admoneat vt ex visione rei gestae ardorem compunctionis percipiant vt in adoratione totius trinitatis prosternantur These conclusions poyntes and articles that I haue vnder protestation in this booke affirmed I will stand by hem and maintayne hem with the grace of almighty god to the time that the cōtrary be prouet dewly by Gods law And this protestation I make for my fayth and my beliefe as I did the beginning that whensoeuer this worshipfull or any other Christē man shewes me verayly by gods law the contrary of this I will holy forsake hem and take me to the veray trouth and better vnderstanding of wiser men redy to be amended by the law of Iesu Christ and be a true Christen man faythfull sonne of holy church And of these I beseech you all bere witnes where ye commen Subsequenter vero quia fide dignorum relatione recepimus quod idem Gulielmus Swinderby latitabat quo minus posset in propria person a citari ipsum Gulielmum vijs modis per Edictum publicum ad instar albi praetoris in Ecclesia nostra cathedrali Herfordensi parochialibus ecclesijs de Kington Croste Whitney nostrae diocesis vbi idem Gulielmus solebat commorari citari fecimus prout quemadmodum in modo citatorio continetur cuius tenor sequitur in haec verba ¶ The Citation IOhn by Gods permission Byshop of Hereford to his deare sons our Deane of Leamster to the persons of Croft Almaly and Whitney and also to the Vicars of Kingston Iardersley Wiggemore and Monmouth Clifford and of S. Iohns aultar in our cathedrall Church of Hereford and to the rest of the Deanes Parsons Vicars Chapleines parish Priestes and to other whosoeuer in any place are appoynted through our city and dioces of Hereford sendeth greeting grace and benediction We bid and commaund charging you straitly in the vertue of holy obedience that you cite or cause to be cited peremptorily and vnder the payne of excommunication William Swinderby pretending himselfe to be a Priest That he appeare before vs or our Commissaryes the 20. day of this present moneth of Iuly at North Lodebury within our dioces which the continuance of the dayes following in other places also to be assigned vnto him if it be expedient till such thinges as haue bene and shall be layde agaynst him be fully discussed to aunswere more at large to certayne positions and articles touching the Catholicke fayth and the holy mother Churches determination that haue bene exhibited and ministred vnto the sayd William And to see and heare also many thinges that haue openly in indgement before vs and a great number of faythfull Christians by him bene euen in writing confessed to be condemned as hereticall false schismaticall and erroneous And to see and heare positions and Articles denied by the sayd William to be proued by faythfull witnesses and other lawfull trials against the sayd William And to receiue for his false hereticall erroneous and schismaticall doctrine that iustice shall appoynt or els to shew causes why the premisses shoulde not bee done And if the sayd William lieth priuely or els cannot be so cited in his proper person we will that in your Churches when most people shall then come together to diuine seruice you opēly with a loud voyce and that may be vnderstanded cause the said William peremptorely to be cited vnto the premisses certifying the same William that whether he shall appeare the day and place appointed or no we notwithstanding will proceed vnto the premisses agaynst the sayd William according to the canonicall decrees by forme of law in the absence or contumacy of the sayde William notwitstanding We will moreouer if the sayd William shall appeare at the sayd day and place as is aforesayde before vs frendly heare him and honestly and fauorably as farre as we may with Gods leaue deale with him graunting free licence to come and to go for his naturall liberty without any hurt either in body or goods And see that you fully certify vs of the thinges that you or any of you shall do about the execution of this our commaundement and that by your letters patentes signed with your seale autenticall geuing also faythsully to the sayde William or to his lawfull Proctor if he require it a copye of this our present commaundement Geuen at our house of Whitburne vnder our seale the fift day of the moneth of Iuly in the yeare of our Lord. 1391. ¶ The act of the first day On Thursday the xx of Iuly in that yeare of the Lord aforesaid We in the parish church of North Lidebury afore sayd about 6 of the clocke sitting in iudgement after that it was reported vnto vs how the foresayd Williā was personally taken and lawfully cited Caused the sayd William then and there openly in iudgement to be called out to do heare and receiue such thinges wherto he was afore cited to do otherwise
vnto him Adding this in the meane time and by the way that if mayster Cope had bene a Momus anye thing reasonable he had no great cause so to wrangle with me in this matter who as I did commend the Lord Cobham that worthyly for hys valiaūt standing by the truth of his doctrine before Thomas Arundell the Archbishop so touching the matter of this conspiracie I did not affirm or define any thing therof in my former historie so precisely that he could well take any vauntage of agaynst me who in writing of this conspiracy layd agaynst syr Roger Acton And syr Iohn Oldcastle do but disiūctiuely or doubtfully speake thereof not concluding certainly this conspiracie eyther to be true or not true but only prouing the same not to be true at that time as Polydore Virgill and Edward Hall in their histories doe affirme which say that this conspiracie began after the burning of Iohn Husse and Hierome of Prage Which could not be And thereto tendeth my assertion My wordes are playne and are these pag. 174. col 2. line 13. Wherefore it is euident that there was eyther no conspiracie at all agaynst the king or els that it was at some other tyme or done by other Captaynes c. These be my wordes with other moe pag. col and line aboue noted In the which proposition disiunctiue if eyther part be true it is enough for me His part it was to refell both which he hath not done But onely standing fast vpon the one part dissimuleth the other And this is Alanus Copus Anglus who by that he shall come frō Rome whether he is nowe gone as I heare say I trust he will returne a better Logician home agayne in suam Angliam But to the truth of our matter as I sayde before so I say agayne whatsoeuer this worthy noble and vertuous knight syr Roger Acton was otherwise this is certaine that he was alwaies of contrary minde and opinion to the bishop of Rome to that kind of people for the which cause he had great enuy and hatred at their hands and could as litle beare it neither do I greatly dissent from them which do suspect or iudge that the Lord Cobham by his friendly helpe escaped out of the Tower and that peraduenture was the cause why he was apprehended and brought to trouble and in the end came to his death Other causes also theyr might be that these good men percase did frequent among themselues some cōuenticles which conuenticles was made treason by the statute aforesayd either in those Thickets or in some place els for the hearing of Gods word and for publique prayer and therefore had they thys Beuerly theyr preacher with them But to conclude whatsoeuer this sir Roger Acton was this is the truth which I may boldly record as one writing the Actes and thinges done in the Church that he was at length apprehended condemned and put to death or martirdome 3. yeares and more before the Lord Cobham died Likewise M. Iohn Browne and Iohn Beuerly the preacher suffered with him the same kinde of death as some say in the field of S. Giles with other moe to the number of 36. if the storyes be true Whiche was in the month of Ianuary an 1413. after the computation of our English stories counting the yeare from the annunciation but after the Latine writers counting from Christes natiuitie an 1414. according as this picture is specified These men as is said suffered before the Lord Cobham aboot 3. yeares of whose death diuers do write diuersly Some say they were hanged and burnt in S. Gyles field of whom is Fabian with such as follow him Other there be which say that some of them were hanged burnt Polydorus speaking onely of their burning maketh no mētiō of hanging An other certain english Chronicle I haue in my handes borowed of one M. Bowyer who somewhat differing frō the rest recordeth thus of sir Roger Acton that hys iudgement before the iustice was thus to be drawne through London to Tyborne and there to be hanged and so he was naked saue certayne partes of him couered with a clothe c. And when certayn dayes were past sayth the author a Trumpeter of the kinges called Thomas Cliffe gat graunt of the king to take hym downe and to burye hym and so he did c. And thus haue you the storye of syr Roger Acton and hys fellow brethren As touching theyr cause whether it were true or els by error mistaken of the king or by the fetch of the bishops surmised I referre it to the iudgement of him which shal iudge both the quick and dead seculum per ignem To whō also I commit you M. Cope God speed your iorny well to Rome whether I heare say you are going and make you a good man After the decease or martyrdome of these aboue mentioned who are executed in the month of Ianuary an 1414. in the next month following and in the same yere the 20. day of February God tooke away the great enemy of his word and rebell to his king Thom. Arundell Archb. of Cant. Whose death following after the execution of these good men aboue recited by the merueilous stroke of God so sodenly may seeme somewhat to declare their innocēcy and that he was also some great procurer of theyr death in that God woulde not suffer him longer to liue striking hym with death incontinently vppon the same But as I dyd the other before so this also I do refer to the secret iudgement of the Lord who once shal iudge all secrets openly ¶ The picture of the burning and hanging of diuers persons counted for Lollardes in the first yeare of the raigne of king Henry the fift In the death of this Archb. first Polydor Virgil is deceiued who in his 22. booke pag. 441. affirmed hys death to be an 1415. and in the second yeare of king Henr. 5. also after the beginning of the Councell of Constāce who in dede neuer reached the beginning therof nor euer saw the secōd yeare of that king vnles ye count the first day for a yeare but dyed before an 1414. Feb. 20. Ex hist. S. Albani multis Furthermore concerning the death of this Arundell and the maner therof who had not bene so heauy a troubler of Christes saints in his time because the thing semeth worthy of noting to behold the punishment of God vpon hys enemies this is to report as I haue found it alledged out of Thomas Gascoin in Dictionario Theologico Whose playne wordes be these Anno. 1414. Tho. Arundel Cant. Archiepiscop sic lingua percussus erat vt nec deglutire nec loqui per aliquot dies ante mortem suam potuerit diuitis epulonis exemplo sic tantum obijt Atque multi tunc fieri putabant quia verbum alligasset ne suo tempore praedicaretur c. That is Thomas Arundel archbishop of Cant.
constitutionis Unto this Lotharius French kyng and Emperour Pope Leo the 4. writeth that Romana lex that is the Romane law meanyng the law of the Frēch Emperours as it hath hetherto stode in force Ita nunc suum robur propriúmque vigorem obtineat that is so now it may continue still in his vigour and strength Ino Carnotensis lib. 11. Decretorum about the yeare of the Lord .848 After this Lotharius succeeded his sonne Ludouicus the second in the kyngdome Empire of Fraunce before whō the foresayd Pope Leo was brought into iudgement pleaded his cause of treason and there was before the Emperour quyte and released Which declareth that Popes and Byshops all this while were in subiection vnder their Kynges and Emperours Moreouer descendyng yet to lower tymes an 1228. Ludouicus 9. called holy Ludouike made a law agaynst the pestiferous simonie in the Church also for the maintenaūce of the libertie of the Church of Fraūce established a law or decree agaynst the new inuētions reseruations preuētions exactions of the court of Rome called Pragmatica sanctio S. Ludouici the which Sāction was also practised lōg after in the kyngdome of Fraūce agaynst the popes collectors vndercollectors as appeareth by the Arestum of the coūsaile of Paris an 1463. ex Molinaeo in Cōmētarijs Furthermore king Philip le Bel. 1303. set forth a law called Philippina wherein was forbid any exactiō of new tithes and first fruites other vncustomed collections to be put vpon the Church of Fraūce Carolus the v. named Sapiens an 1369. by a law cōmaūded that no Byshops nor Prelates or their Officials within his kyngdome of Fraūce should execute any censure of suspense or excommunicatiō at the Popes cōmaundemēt ouer or vpō the Cities or townes corporations or cōmons of his Realme ex regist antiquarū const chart 62. Itē Carolus vi an 1388. agaynst the Cardinals other Officials collectors of the Pope reuoking againe the power which he had geuē to thē before prouided by a law that the fruites rentes of benefices with other pensions Byshops goodes that departed should no more be exported by the Cardinals the Popes collectours vnto Rome but should be brought to the king and so restored to them to whō they rightly did appertaine The like also may be inferred proued by the stories exāples of our kyngs here in Englād as kyng Offa kyng Egbertus Edgarus Aluredus Athelwoldus Canutus Edwardus William Conquerour Wilhel Rufus Henricus the first Henricus the second till the tyme of kyng Iohn and after Whose dealyng as well in Ecclesiasticall cases as in tēporall is a sufficient demonstration to proue what iniury the Popes in these latter dayes haue done vnto the Emperours their lawfull gouernours Magistrates in vsurpyng such fulnes of power iurisdictiō ouer them to whō properly they owe subiection cōtrary to the steps example of the old Romaine Byshops their aunciters therfore haue incurred the daūger of a Premunire worthy to be depriued Although it is not to be denyed but that Ecclesiasticall ministers and seruitures haue their power also committed vnto thē after their sort of the Lord yet it becommeth euery man to know his owne place standyng there to keepe him wherein his owne precinct doth pale him not rashly to breake out into other mēs walkes As it is not lawfull for a ciuile Magistrate to intermedle with a Byshops or a Preachers function so vnseemely vnorderly it is agayne that Boniface the viij should haue borne before him the tēporall male the naked sword of the Emperour or that any Pope should beare a triple crowne or take vpon him like a Lord and Kyng Wherfore let euery man consider the compasse limitation of his charge exceede no farther The office of a Bishop or seruiture Ecclesiasticall was in the old law to offer sacrifice to burne incense to pray for the people to expounde the law to minister in the tabernacle with which office it was not lawfull for any Prince or mā els to intermedle as we read how Ozias was punished for offering incense an other for touchyng the Arke so now the office of Christian Ministers is to preach the word to minister Sacramēts to pray to binde and loose where cause vrgently requireth to iudge in spirituall cases to publishe denounce free reconciliation remissiō in the name of Christ to erect comfort troubled consciences with the rich grace of the Gospell to teach the people the true differēce betwixt the law and the Gospell whereof the one belongeth to such as be not in Christ and come not to him the other pertaineth to the true beleuers in the sonne of God to admonish also the Magistrates erryng or transgressing in their office c. And as these properly belong to the functiō of the Ecclesiasticall sort so hath the ciuile gouernour or Magistrate agayne his proper charge office to him assigned whiche is to see the administratiō of iustice iudgement to defend with power the right of the weake that suffer wrōg to defend from oppression the poore oppressed to minister with equalitie that which is right and equall to euery man to prouide lawes good godly to see the execution of the same as cause moueth especially to see the law of God mainteined to promote Christes glory Gospell in settyng vp sendyng out good Preachers in mainteinyng the same in prouidyng Byshops to be elected that be faythfull in remouyng or els correctyng the same beyng faulty or negligēt in congregatyng the Clergy whē neede is of any coūsell or electiō to heare their learning in causes propoūded according to the truth learned to direct his iudgemēt in disposing such rites ordinaunces for the church as make to edification not to the destruction therof in conseruyng the discipline of the Churche and settyng all thynges in a congrue order Briefly the office of the ciuile ruler Magistrate extendeth to minister iustice and iudgement in all Courtes as well temporall as Ecclesiasticall to haue correction ouer all trāsgressours whether they be laymen or persons Ecclesiasticall And finally all such thyngs as belong to the mouyng of the sword whatsoeuer that is to say all outward punishment is referred to the iurisdiction of the secular Magistrate vnder whose subiection the ordinaunce of God hath subiected all orders and states of mē Here we haue the witnesse also of Hormisda Byshop of Rome which being well weyed maketh the matter plaine that Princes haue to deale in spirituall causes also not onely in temporall where the sayd Hormisda writeth to Epiphanius Patriarche of Constant. in this sort Clara coelestis misericordiae demonstratio procedit quando regés seculi causas de fide cum gubernatione politiae coniungunt c. ex Act. v. vniuers concil Constantini secundi an 528. And thus much and to much peraduenture concernyng the matter of
the holy spirit of god whose writings and works yet to this day remaine Out of which the reader may receiue great profite knowledge of thinges as concerning the first creation of the worlde end of the same with al other things necessary to be knowne of euery true Philosopher which wil giue credite vnto them Neither in their teaching they do vse any demonstration as being more certaine o◠themselues then that they neede any such demonstration to be made For asmuch as the accomplyshing and the end of things both paste now present constraineth vs of necessitie to beleue the words and doctrine which they taught which men not only therefore are to be beleued but also for their miracles and wonders done are worthy of credite for that they both preached of God the maker and creator of all thinges And also did prophecye before of Christ his sonne to be sent of him The which the false Prophets being seduced with false and wicked spyrits neither haue done nor do but onely take vpon them to worke certaine prodigious wonders for men to gase at setting out thereby to the worlde false vncleane spirites But then afore all thinges make thy prayer that the gate of light may be opened vnto thee for otherwise these things cannot be attained vnto of euery man but onely of such to whom God and his Christ giueth vnderstanding These thinges with much more which now leasure serueth not to prosecute after the foresaid old father had declared vnto him he departed exhortyng him well to follow the things which he had spoken And after that Iustine as he himselfe witnesseth saw him no more Immediatly after thys Iustine being all inflamed as with fyre kindled in his breast began to conceiue a loue zeale toward the Prophets and all such as were fauoured of Christ. And thus he reuoluing in his mind more and more these wordes found only this Philosophie among all other professions both sure and profitable and so became he a Philosopher in time by these meanes afterwards he was made a Christian and Baptised But where he receiued this holy Sacrament of Baptisme it is not read of nor yet by what occasiō he left his country and came to Rome This only we read in Ierome that he was in Rome there vsed certaine exercises which he called Diatribas disputing there with Crescens a Cinycal philosopher as is before touched But this is certaine how that Iustine after he had receaued the professiō of Christian Religiō became an earnest defēder of the same traueiling and disputing against al the aduersaries thereof fearing neither peril of life nor daunger of death whereby he might maintaine the doctrine of Christ against the malicious blasphemers and also augment the number of Christian beleuers As may appeare by his vehement disputations against the heathen Philosophers Also moreouer aswell appeareth in that long disputatiō which he had with one Tripho at Ephesus as also in his confutations of heretikes Furthermore his conflictes and Apologies which with great courage security he exhibited against the persecutors of the Christians both the Emperour and the Magistrates yea and the whole Senate of Rome doe testifie the same Of the which Apologies the first he wrote to the Senate of Rome and after to Antoninus Pius the Emperour as is before mentioned where in the fyrst writing wyth great liberty to the Senate he declared that of necessitie he was compelled to write and vtter his minde and consciēce to them For that in persecuting of the Christians they did neglect their duety and highly offended God and therfore neede they had to be admonished And further writing to Vrbitius liefetenaunt of the Citie sayd that hee put men to death and tormentes for no offence committed but for the confession onely of the name of Christ which proceedinges and iudgementes neyther became the Emperour nor hys sonne nor the Senate defending moreouer in the sayd Apology and purgyng the Christiās of such crimes as falsely were layd and obiected agaynst them by the Ethnikes And likewise in hys second Apology writing to Antonius the Emperour and his successours with like grauity and free libertie declareth vnto them how they had the name cōmonly beyng reputed taken as vertuous Philosophers mayntayners of iustice louers of learning but whether they were so their actes declared As for him neither for flattery nor fauour at their hands he was cōstrayned thus to write vnto them but onely to sue vnto thē and desire a serious righteous kind of dealing in their iudgements and sentences For it becommeth Princes to folow vprightnes pietie in their iudgements not tiranny and violence also in playne wordes chargeth as wel the emperour as the Senate with manifest wrong For that they did not graunt the Christians that which is not denied to all other malefactors iudging men to death not conuicted but onely for the hatred of the name Other men which be appeached said he in iudgement are not condemned before they are cōuicted but on vs you take your name only for the crime when as indede you ought to see iustice done vpō our accusers And againe saith he if a Christian being accused onely denie that name him you release beyng not able to charge him with any other offence But if he stande to his name onely for his confession you may cast him where indeede it were your duety rather to examine their maner of life what thing they confesse or denye and according to their demerites to see iustice done And in the same further he saith you examine not the causes but incensed with rash affections as with the spur of fury ye slay murder them not conuicted without any respect of iustice And further he addeth Some peraduenture wil say certaine of them haue bene apprehended taken in euill doinges as though saith he you vsed to enquire vpō them being brought afore you not commonly to condemne thē before due examination of their offence for the cause aboue mentioned Where also in the ende of the said Apology after this maner he reprehendeth thē You do degenerate quoth he from the goodnes of your predecessours whose exāple you followe not for your father Adrian of famous memorye caused to bee proclaymed that Christians accused before the iudge should not be cōdemned vnles they were found gilty of some notorious crime I finde that all his vehement and graue Apologie stādeth vpon most strong firme probations denying that the christians ought by conscience at the will commaundement of the Emperour Senate to doe sacrifice to the Idols For the which they being condemned affirme that they suffer open wrong approuing moreouer that the true only Religion is the Religion of the Christians whose both doctrine and conuersation hath no fault Iustinus although with these and such like perswasions did not so preuayle with the Emperour to cause him to
vs leaue vs there where they had vs that is let them suffer vs to stand content with that faith and religion which then was taught brought from Rome by Eleutherius as nowe we differ nothing frō the same and we wil desire no better And if they wil not then let the wise Reader iudge where the fault is in vs or them which neither themselues will persist in the antiquitie of the Romish religion whych they so much bragge of neither will they permit vs so to do And thus much by the way to satisfie the foresayd obiection whereby we may haue now a more ready passage into the order and course of the Hystorie Beyng therefore graunted vnto them whych they so earnestly sticke vpon that the Christian faith and Religion of this Realme was brought from Rome first by Eleutherius then afterwarde by Austen thus wryteth the Chronicles of that matter About the time and yeare of the Lord. 180. king Lucius sonne of Coilus which builded Colchester king of the Britaines who then were the inhabiters possessors of thys land which now we Englishmen call England hearing of the myracles wonders done by the Christians at that time in diuers places as Monumetensis wryteth directed hys letters to Eleutherius Byshop of Rome to receaue of him the Christian faith Although about the computation of the yere and time great difference there is in authours when this shoulde be Nauclerus sayth it was An. 156. but that cannot be forsomuch as Eleutherius was not yet Byshop by the space of 20. yeres after that Henricus de Erfordia sayth it was An. 169. in the 19. yere of Verus Emperor but that agreeth not with approued hystories which all consent that Verus raigned not 19. yeres and if he had yet that yeare commeth not to the yere of our Lord. 169. but to the yere 181. Some other say that Eleutherius was made Byshop in the 6. yeare of Commodus which was the yeare of our Lorde 186. but that seemeth to goe to farre but let the authours agree as they can Let vs returne to Eleutherius the good Byshop who hearing the request of thys king glad to see the godly towardnes of his wel disposed mind sendeth him certaine teachers preachers called Fugatius or by some Faganus and Damianus or Dimianus which conuerted first the king and people of Britaine and Baptised them with the Baptisme and Sacrament of Christes faith The Temples of Idolatry and all other Monuments of Gentilitie they subuerted conuerting the people frō theyr diuers many gods to serue one liuing God Thus true religion with sincere faith increasing superstition decaied with al other rites of Idolatrie There were thē in Britaine 28. head Priestes which they called Flamines 3. Archpriests among them which were called Archflamines hauing the ouersight of their maners as Iudges ouer the rest These 28. Flamines they turned to 28. Bishops And the 3. Archflamines to 3. Archbyshoppes hauyng then theyr seates in three principall Cityes of the Realme that is in London in Yorke and in Glamorgantia videlicet in Vrbe legionum by Wales Thus the Countreys of the whole Realme being deuided euery one vnder his owne Bishop and all things setled in a good order the foresaide king Lucius sent againe to the sayd Eleutherius for the Romane lawes thereby likewise to be gouerned as in Religion nowe they were framed accordingly Unto whome Eleutherius againe writeth after the tenour of these words ensuing The Epistle of Eleutherius Bishop of Rome sent to king Lucius ANno 169. a Passione Christi scripsit Dominus Eleutherius Papa Lucio Regi Britanniae ad correctionem Regis procerum regni Britanniae and so foorth as foloweth in English Yee require of vs the Romane lawes and the Emperours to be sent ouer to you which you may practise put in vre wythin your Realme The Romane lawes the Emperours we may euer reproue but the lawe of God we may not Yee haue receaued of late through Gods mercie in the realme of Britaine the lawe and faith of Christ ye haue with you within the Realme both the parties of the Scriptures Out of them by gods grace with the Coūcel of your realme take ye a law and by that lawe through gods sufferance rule your kingdome of Britayne For you be Gods Vicare in your kingdome according to the saying of the Psalme Deus iudicium tuum Regi da c. That is O God geue thy iudgement to the King and thy righteousnes to the kings sonne c. He sayd not the iudgement righteousnes of the Emperor but thy iudgement and iustice that is to say of God The kinges sonnes be the Christian people folke of the Realme which be vnder your gouernement and liue and continue in peace within your kingdome as the Gospel sayeth like as the henne gathereth her chickēs vnder her wings so doth the king his people The people and folke of the Realme of Britayne be yours whome if they be deuided ye ought to gather in concord and peace to call them to the faith and lawe of Christ and to the holy church to cherish and maintaine them to rule and gouerne them and to defende them alwaies from such as would do them wrōg from malicious men and enemies A king hath his name of ruling and not of hauing a Realme You shal be a king while ye rule wel but if you do otherwise the name of a king shall not remaine with you you shall lose it which God forbid The almightie God graunt you so to rule the Realme of Britayne that you may raigne wyth him for euer whose Vicar ye be in the Realme After this maner as you haue heard was the Christiā faith either first brought in or els confirmed in this realme of Britayne by the sending of Eleutherius not with any crosse or procession but onely at the simple preaching of Fagane and Damian through whose ministerie this realme Ileland of Britaine was eftsoones reduced to the faith lawe of the Lord according as was prophecied by Esay as wel of that as other Ilelands mo where he sayth chap. 42. he shall not faint nor geue ouer till hee hath set iudgement in earth and Ilelands shal waite for hys lawe c. The faith thus receiued of the Britaynes cōtinued among them and florished the space of 216. yeres till the cōming of the Saxones who then were Paganes whereof more followeth hereafter to be sayde the Lorde Christ assisting thereunto In the meane time somthing to speake of this space before which was betwixt the time of Lucius and the first cōming in of the Saxones first is to be vnderstanded that all this while as yet the Emperors of Rome had not receiued the faith what time the kings of Britaine the subiects therof were cōuerted now as is sayd to Christ for the which cause much trouble and perturbation was sought
permanere deberent Francorum reges solo regio nomine contenti A quo responsum est illos decet vocare reges qui vigilanter defendunt regunt Ecclesiam Dei populum eius c. In English thus The king because he is the vicar of the hiest king is appointed for this purpose to rule the earthly kingdom and the lords people and aboue al things to reuerence his holy church to gouerne it and to defende it from iniuries to plucke away wicked doers and vtterly to destroye them Which vnlesse he doe the name of a king agreeth not vnto him but he loseth the name of a King as witnesseth Pope Iohn to the which Pope Pipinus Carolus his sonne being not yet kings but princes vnder the French King being not very wise did write demanding this question whither the kings of France ought so to continue hauing but onely the name of a king Unto whome Pope Iohn answereth againe that it was conuenient to cal thē kings which vigilāly do defend and gouerne the church of God and his people following the saying of King Dauid the Psalmograph He shal not dwel in my house which worketh pride c. Moreouer the king by right by his office ought to defend conserue fully wholly in all amplenesse wtout diminution all the lands honors dignities rights and liberties of the crowne of his kingdome And further to reduce into their pristine state all suche thinges as haue bene dispersed wasted and lost which appertaine to hys kingdome Also the whole and vniuersall lande wyth all Ilelands about the same vnto Norwey and Denmarke be appertaining to the crowne of his kingdome and be of the appurtenances and dignitie of the King making one monarchie and one kingdome which somtime was called the kingdom of Britains and now the kingdom of England such bonds and limites as is abouesaid be appointed and limited to the name of this kingdome Moreouer in the foresaid lawes of this king Edward it followeth in the same booke where the foresaid Edward describing the office of a King addeth in these wordes A king sayth he ought aboue al things to feare God to loue and to obserue his commaundements and cause them to be obserued through his whole kingdome He ought also to kepe chearish maintaine gouerne the holy church wtin his kingdome with al integritie and liberty according to the constitutions of his auncetors and predecessors and to defend the same against all enemies so that God aboue all things be honored euer be before his eies He ought also to set vp good lawes and customes such as be wholesome and approued such as be otherwise to repeale them and thrust them out of his kingdom Item he ought to do iudgement and iustice in his kingdome by the counsell of the nobles of his realme All these things ought a King in his own person to do taking his othe vpon the Euangelist and the blessed reliques of saintes swearing in the presence of the whole state of his realme as well of the temporaltie as of the spiritualtie before he be crowned of the Archbyshops Bishops Three seruants the king ought to haue vnder him as vassals fleshly lust auarice and greedie desire Whom if he kepe vnder as his seruants and slaues he shal reigne wel and honorably in his kingdom Al things are to be done with good aduisement and premeditation and that properly belongeth to a king For hastie rashnes bringeth all things to ruine according to the saying of the Gospell Euery kingdome deuided in it selfe shall be desolate c. After the duetie and office of Princes thus described consequently followeth the institution of subiects declared in many good necessary ordinaunces very requisite and cōuenient for publique gouernment Of the which lawes William Conquerour was cōpelled thorough the clamor of the people to take some but the most parte he omitted contrary to his owne oth at his coronation inserting and placing the moste of his owne lawes in his language to serue hys purpose and whych as yet to this present day in the same Normande language do remaine Nowe the Lorde willing let vs proceede in the storie as in order followeth * King Harold HArolde the seconde sonne of Earle Godwine and laste king of the Saxons notwithstanding that diuers of the nobles went with Edgar Adeling the next heire after Edmund Ironside yet he through force and might contemning the young age of Edgar and forgetting also his promise made to duke William toke vpon him to be king of England An. 1066. When Harolde Harefager sonne of Canutus king of Norway Dēmark heard of the death of king Edward he came into England with 300. shippes or mo who then ioyning with Tostius brother to the sayde Harold king of England entred into the North partes claimed the land after the death of Edwarde But the Lords of the countrey arose and gaue them battail notwithstanding the Danes had the victory And therfore Harold king of Englād prepared toward them in all hast gaue them an other strōg battel and there had the victory where also Harold the Dane was slaine by the hand of Harold king of Englande And Tostius was also slaine in the battell After this victorie Harold waxed proude couetous and would not deuide the praies to his Knightes that had deserued it but kept it to himselfe whereby he lost the fauour of many of his knights and people In this meane time William Duke of Normādy sent Ambassades to Harolde king of Englande admonishing him of the couenauntes that were agreed betweene them which was to haue kept the land to his vse after the death of Edwarde But because that the daughter of Duke William that was promised to Harolde was dead Harolde thought him thereby discharged and sayd that such a nice foolish promise ought not to be holden concerning an others land without the consent of the Lordes of the same and especially for that hee was thereunto for neede or for dread compelled Upon these answeres receaued Duke William in the while that the messengers went and came gathered his knightes and prepared his name and had the assent of the Lordes of his lande to aide and assist him in his iourney And ouer that sending vnto Rome to pope Alexander cōcerning his title viage into england the pope cōfirmeth him in the same and sent vnto him a banner willing him to heare it in the ship wherein himselfe should saile Thus Duke William being purueied of al things cōcerning his iourney sped him to the sea side and tooke shipping at the hauen off Ualery where he taried a lōg time or he might haue a conuenient winde For the which his souldiours murmured saying it was a woodnesse a thing displeasing God to desire to haue an others mans kingdome by strength and namely whē God was against it in sending contrary wind c. At
both of faythful chastity and high prudeÌ„ce so tempering the matter that both she obtayned to her husband the kingdome and retayned to her selfe agayne her husband whom she so faythfully loued an 1186. Ex Historia manu scripta cui initium Rex Pictorum ex Bibliotheca Cariensi mutuata As I haue hetherto described the publick acts of king Henry so now I meane to touch something of his priuat conditions He was of meane stature eloquent and learned manly and bolde in chiualry Fearefull of the mutability and chaunce of warre more lamenting the death of his souldiars dead theÌ„ louing them aliue none more curteous liberall for the obtayning of his purpose in peace and tranquility none more roughter stubberne agaynst the stubberne sometimes mercifull to those whom he had vanquished straight to his householde seruauntes but liberall to strauÌ„gers publickly of publick thinges liberall sparing of his owne whom once he tooke a displeasure agaynst hardly or neuer would he receiue agayne to fauor somewhat lauash of his tongue a willing breaker of hys promise a louer of his ease but an oppressor of his nobility a seuere reuenger and furtherer of iustice variable of word and crafty in his talke an open adulterer a nourisher of discord amongst his children Moreouer the Papistes bearing him for Thomas Beckets quarell such like as may be gathered no good will terme him to be an aduersary of the sayth the maule and beetle of the church Also in the Chronicle intituled Scala mundi I finde of him that he followeth the steppes maners and conditioÌ„s of Henry the first his grauÌ„dfather in euery poynt He preserued firme peace executed straight iustice through all his dominions He loued marueilous well his forrest agayne those that were transgressors either to his crown or person he most seuerely punished Moreouer in a certayne history intituled De regibus Angliae I finde that this king was sondry times admonished to reforme and ameÌ„d his life And first by one that was an olde man at the castle of Cardâ—f in Wales at that time of the yeare called Dominica in albis the eight day after Easter Where also after that he had heard masse and was going to take his horse there stood a certayne man by him somewhat yelowish his heare being rounded leaue and illfauoured hauing on a white coat and being barefoote looked vpon the king and spake in this wise good olde king That done thus he proceedeth The king saluteth you and his blessed mother Iohn Baptist Peter straightly charging you that vpon the Sundayes throughout all your dominions there be no buying selling or other seruile businesse those onely except which appertayne to the preparation of meat and drinke which thing if thou shalt obserue whatsoeuer thou takest in haÌ„d thou shalt happely finish and bring to passe Then spake the king in French to the knight that held his horse by the bridle Aske of this chourle whether he dreamed this or not And in the meane while that the knight should haue interpreted the kinges wordes and message he spake before and said Whether this be a dreame or not mark wel what day this is for vnlesse that thou do these things and amend thy life such newes shalt thou heare within these 12. monethes that will make thee lament and mourne till thy dying day And when these wordes were spoken the man vanished out of his sight And within one yeare next after Henry Bawfride and Richard his sonnes for sooke him their father and took part with the French king The king of Scottes the Earle of Chester and Earle of Leciter made an insurrection agaynst the king Many other premonitions were geuen also to the king but all these did he little esteme The second which did admonish him was a certayne Irish man geuing him certayne secret signes And thirdly a certayne knight of Fyndesey named Phillip de Easterby sayling with him ouer into Fraunce declared vnto the king in Normandy seuen articles which he should amend Which thing if he wold do he should raigne seueÌ„ yeares most honorably and should take the holy crosse from his enemies or els he in the fourth yeare should dye in great ignominye The 3. first thinges were these which he at his coronation sware to obserue that is to defend the Church to mayntayne good lawes and to condemne no man to death without iudgement The fourth was for the restoring of inheritauÌ„ce wrongfully takeÌ„ The fift was in doing iustice without reward The sixt was of ministers officers wages and stipeÌ„des The seuenth was of expelling the Iewes leauing them some money to depart withal But the king not ameÌ„ding his life there rose vp agaynst him 3. strong enemies that is to say his three sonnes with the Frenchking But after that the king forsooth had gone a pilgrimage to the Martys tombe barfoote William the king of Scots the Earles of Chester and Lecester were taken at Alnewick In the 35. yeare of his raigne being in the Castle of Chiuen in Normandy he dyed at whose death those that were preseÌ„t were so greedy of the spoyle that they left the body of the king naked and not so much could be fouÌ„d as a cloth to couer it till that a Page comming in and seing the king so ignominiously to lye threw his cloke vpoÌ„ his nether partes wherein sayth the author was verified the surname which from his youth he bare being called HeÌ„ry court Mantill ¶ King Richard IN this yeare of the Lord aboue recited which was 1189. King Richard the eldest sonne of Henry 2. succeeding his Father entred his crowne at which time Pope Clement sate at Rome succeeding after Gregory which dyed a litle before with sorrow for the losse of the holy crosse During the time of whose coronatioÌ„ it befell that not withstanding the king the day before his coronation and by publicke edict commaunded both the Iewes and their wiues not to presume either to enter the church or els his pallace during the solemnization of his coronation amoÌ„gest his nobles and Barons yet whilest the king was at dinner the chiefetayne of the Iewes with diuers other of his Iewish affinity and supersticious sect agaynst the kings prohibition together with other prease entred the court gates Wherat a christian man being offeÌ„ded stroke one of them with his hand or fist bad him stand further from the court gate as the king had geuen in commaundement whose example others also following being displeased agaynst the Iewes offered them the like contuinely Other also supposing that the king had so coÌ„maunded in deed as vsing the authority of the king fel vpoÌ„ all the Iewes that stood by without the court gate And first they bet them with theyr fistes but afterward they tooke vp stones and such other thinges as they could get and threw at them and bet them therewith And thus driuing them from the court gates some of them they wounded
Norwich Thus was Stephen Langton in the high Church of Uiterby by the popes hand made archbishop of Canterbury From thenceforth therefore sayth Mathew Paris the pope could do no lesse but mightily defend him from al vexation and daunger considering that he was his owne deare deareling and a childe of his owne creation Upon this occasion king Iohn conceiued an exceding displeasure against the Clergie and Monkes of Canterb. as he had good cause they doing so many euils against his Princely prerogatiue Without his licence they elected their Archb. and put by the Bishop of Norwich whome he had apointed They wasted a great part of his treasure for the warres and to bring all to the deuil they made Stephen Langton their high Metropolitane whom he tooke for a greuous enemy vnto the whole realm being alwais so familiar with the French king Wherefore in his anger hee banished them out of the laÌ„d to the number of 64. for this their contumacie and contempt of his regall power â— The monkes of Canterburie thus being expulsed the king forthwith sendeth messengers to the Pope wyth his letters wherin he doth sharply and expressely expostulate with the Pope First for that so vncourteously he repulsed the election of the bishop of Norwich and set vp one Stephen Langton a man vnknowne to him and brought vp amongest hys ennemies a long time in the kingdome of Fraunce consecrating him Archb. of Cant. and letting the other goe Also which is more it redoundeth to the subuersion and derogatioÌ„ of the liberties appertaining to his crowne for notwithstaÌ„ding his consent past being before of the monks not made priuy which should so haue done yet he rashly presumed to promote and preferre another Wherfore he can not maruaile he sayth enough that neither the sayd Pope nor the Court of Rome doth consider and reuolue with themselues how necessary his loue and fauour hath bene alwayes hetherto to the sea of Rome that they consider not what great profite and reuenewes hath proceeded hetherto to them out of the realme of EnlaÌ„d the like wherof hath not ben receiued out of any other countrey besides on this side the Alpes He addeth moreouer and sayth that for his liberties he wil stande if neede be vnto death neither can he be so remooued and shaken of from the election of the B. of Norwich which hee seeth to be so commodious to him and profitable Finally hee thus concludeth saying that in no case in this his request he be not heard hee will so prouide by the seas that there shal be no such gadding coursing any more ouer to rome suffring the riches of the lande no more to be transported ouer whereby he shoulde be himselfe the lesse able to resist his enemies And seing he hath of his own at home archbishops bishops other prelates of the Churche both of English men of other sufficiently prouided instructed in all kinde of knowledge therfore he shal not nede greatly to seeke for iudgement and iustice farther abroad When these came to the Popes intelligeÌ„ce he directeth letters to tâ—â— king againe in this forme INnocentius P. seruant of the seruants of God to our welbeloued sonne in Christ the king of England health Apostolicall blessing Where as we haue written to you heretofore exhorting and entreating you after an humble diligent and geÌ„tle sort concerning the Church of Cant. you haue written to vs againe after a threatning sort and vpbraiding manner both spitefully and also frowardly And where as we more and aboue that oure right and duety required haue borne and gâ—uen to you you againe for your part haue geuen to vs not so much as by right duety you are bound to do And though your deuotion as you say hath ben to vs very necessary yet consider againe that ours also is not a litle opportune expedient for you And where as we in such like cases haue not shewed at any time the like honor to any prince as we haue vnto you you againe haue so much derogated our honor as no prince els hath presumed to do besides you alone pretending certaine friuolous causes occasions I caÌ„not tel what why you would not condescend to the election of Steuen Langton Cardinall of S. Chrysogono chosen by the Monkes of Cant for that the said StepheÌ„ as you say hath ben coÌ„uersant brought vp amongst your enemies and his person to you vnknowne But you knowe what is the prouerbe of Salomon the net is cast but in vaine in the sight of the flying birdes c. With much other matter in the same Epistle wherein he falleth into the commendation of Steuen Langton his Cardinall declaring howe learned he was in the liberall artes and in diuinitie in so muche he was pâ—ebendated at Paris also come of an honest stocke and an Englishman borne and not vnknowen to the king seeing the king had written his letters thrise to him before Declaring moreouer in the said letter how the messengers of the King had specified to him an other cause which was for the the moÌ„ks of Cant. which had to doe in the election came not to hym before for his coÌ„sent declaring moreouer in the said letter how the said messengers of the king intreated in the kings behalfe that for so much as the popes letters wherein the king was commaunded to send his proctors to Rome for the same matter came not to the kings hande neither did the Monkes direct any such letters or message to the king to haue his consent therefore the Pope considering the same woulde graunt so much for the regarde of the kings honor that the monkes of Cant. should not procede without the kings assent therein And for as much as that hath not bene done as yet therefore they desired some delay therein to be geuen sufficient for the doing therof whereunto he said that he had graunted fulfilled their request in sending hys letters and messengers once or twise to the king for the same purpose although he sayd it was not the maner of the sea Apostolique who had the fulnesse of power ouer the Church of Cant. to waite for Princes consents in such elections who then could not be suffered to do that which they came for wherefore in knitting vp his letter he thus concludeth in these wordes And therfore seeing the matter so standeth we see no cause why we should require or tary for the kings fauour or consent any more therein but intend so to procede in this matter neither enclining on the right hand nor on the left according as the canonicall ordinances of the holy fathers shall direct vs that is that al impediments delaies set aside so to prouide that the church of Canterburie be no longer destitute of her pastour Wherefore be it knowne to your discretion or kingly prudence that for so much as this election of Stephen Langhton hath orderly concordely thus proceeded without fraud or disceit
nowe confirmed in his seat came to the King complaining of Hubert the Lord chief Iustice oft mentioned before for withholding him from the castle and towne of Tunebrydge with the appurtenance to the same belonging and other landes of the Earle of Clare late deceased which landes appertained to the right of his seat to the church of Cant. for the which the said Earle with his aunceters were bound to do homage to him and to his predecessors and therfore required the keping of the foresaid castle with the demaines therof to be restored vnto him To this the king answered againe that the sayd Erle did hold of hym in Capite and that the Castles being vacaunt of Earles and Barons with theyr heyres did belong to hys crowne till the lawfull age of the sayd heires The Archb. when he could get no other answer of the king did excommunicate all such as inuaded the foresaid possessions wyth all other that tooke their parte the king onely excepted Which done eftsoones speedeth himselfe to Rome there to prosecute his sute before the pope The king hearing therof not long after sendeth vp maister Roger Cantelu wyth certaine other messengers to Rome against the Archb. Thus Richard the Archb. comming before the Popes presence beginneth first to complaine of his king for that he committed all the affaires of the realme to the disposition and gouernement of Hubert his iustice vsing only his counsaile all his other nobles despised Against the sayde iustice moreouer he complained laying to his charge First that he had maried a wife being the kinswomā of her whom he had maried before also that the said Hubert the iustice did inuade hold and wrongfully deteine such possessions as belonged to the see Church of Canterburie ¶ As touching the wife of this Hubert heere is to be noted that he maried the elder sister of the king of Scottes which semeth could be of no great kinne to her whome hee maried before Farther he complained of certaine Bishops his Suffraganes who neglecting their pastorall function did sit on Checker matters belonging to the King and exercised sessions and iudgements of bloud Ouer and besides he complained of beneficed persons and clerks within orders for hauing many benefices ioyned with cure of soule And that they also taking example of the Bishops did intermeddle in secular matters and in iudgements of lay men Of these and such other defaults he required redresse to be had The Pope weying and considering the cause of the Archb. to stand vpon right reason at least wise seeming so to his purpose commaunded incontinent his petitions and requests to be dispatched according to iustice Against these complaints of the Archbishop the kings atturneis alledged and defended in as much fauour of the king as they might but coulde doe no good Such fauour found the archbishop in the popes sight being as the story reporteth of a comely personage of an eloquēt tonge that he obtained whatsoeuer he asked Thus the Archbyshop with all fauourable speede being dispatched at Rome after his owne will and desire returned homewarde who in his iourney within 3. daies of his setting forth departed in the house of the gray Friers at S. Gemmes and so hys cause departed with him who winning his sute lost hys life for whome it had bene better I suppose to haue taried at home And here of him and end with all his complaintes also Ex Paris After the death of this Richarde the monkes of Cant. according to the manner addresse them selues to a newe election at which was chosen Radulfe Neuill Byshop of Chichester who was the kinges Chauncelor much commended in stories to be a man faithfull vpright and constant which from the way of iustice declined neither to the right hand nor to the left But vpright and sincere both in word and deede This Rauffe thus chosen of the monks was presented to the king to be their Archbishop wherewith the king was right well contented and glad also of this election and foorthwith inuested him for Archbyshop of the Church of Canterb. But this inuesting of the King was not inough vnles he should also be confirmed by the pope Wherefore the Monkes ready to take their iourney vnto Rome came to the newe Archb. requiring hys helpe for their expenses by the way and to know what seruice he would commaunde them to the Court of Rome But hee fearing in his mind the same not to be without some scruple of sunonie ambition said he would not geue an halfpenie and holding vp his handes to heauen thus prayed saying O Lorde God if I shall be thought worthy to be called although in deede vnworthy to the seat office of this church so be it as thou shalt dispose it But if otherwise in this troublesom office of Chancerie and this my inferior ministerie whereunto I haue bene assigned I shall seme more necessary for this thy kingdome and people I refuse not my labour thy will be done The monks beholding the constancie of the man notwtstanding they had of him no money yet refused not their trauail and iourny to Rome to haue their election confirmed by the Popes authoritie The Pope inquiring of Simon Langhton brother of Stephen Langhton Archb. of Cant. before mentioned of the person of this man it was reported againe to him by the sayde Simon maliciously deprauing the good man behind his backe declaring to the Pope that he was a courtier vnlearned hasty and feruent in his doings and such one who if he should be promoted to that dignitie would go about with the help of the king and of the whole realme to remooue and bring the realme of England from vnder the yoke of the Pope and of the Churche of Rome And so to bereeue the See of Rome of the tribute vnder which king Iohn had once subiected himselfe and his realme at what time he yelded his crown to the handes of Pandolfus the Legate c. with these and such other words Simon Langhton falsly and maliciously depraued the godly bishop The pope hearing with one care crediting what he heard wtout farther inquisition made of the other party accused sendeth incontinent to the monks of Cant. to procede in a new election and to chuse them an other Arch. such as were an wholesome pastour of soules profitable to the church of England deuout to the church of Rome And thus was the lawfull election of thys good Archb. made frustrate too good peraduenture to serue in that place whereunto he was elected After the repulse of thys Radulphe the Caunterburie Monkes entring a new election agreed vpon Iohn their prior to be their Metropolitane Who going vp to Rome to haue his election confirmed by the Pope was 3. dayes together examined of the cardinals And when they could finde no insufficiency in him touching these things wherin they tried him yet notwithstanding the pope finding a fault with
their expectation and good opinion they had in the Popes holines For whilest the Emperors legates atteÌ„ded the answer of their peace before promised Rainerus the cardinall went secretly to Uiterbium wyth a certen number of soldiors and toke the towne which before was on the Emperors part The Emperor hauing vnderstanding hereof mustereth his bandes and with a sufficient power entreth the popes dition againe to recouer Uiterbium But yet taking this war so in hand not thinking thereby to expel al conditions of peace at the request of certaine of the Cardinals was contented to leaue Uiterbium being furnished by the Emperor of warlicke prouision before and came to Aqua From thence he sent againe other ambassadors to Rome wyth them also the Emperor of CoÌ„stantinople with the Erle of Tholonse who he thought were able to do much with the pope in the prosecuting of this peace And although at the time of Easter the matter semed to haue ben through and peace concluded for that his legates had sworne in the behalfe of the Emperor and as he willed them that he wold submit him selfe to the Pope And againe for that the Cardinals and others coÌ„monly called named him Fridericus the Christian prince yet all this was no more but for a further fetch and purpose Not for that they ment in dede to coÌ„clude any peace with him or to go through there wtall but that through this dissimulation likelihood of peace which they vnderstoode the Emperor much desired he should set free open the passages which he straitly kept that no man could passe come to Rome whether a great multitude daily resorted flocked for religions sake But when all came to all that the Legates perceiued no conclusion of peace was simply purposed on their behalfe they began to dispaire of the matter letting the Emperor so to vnderstande The Emperor yet notwithstanding doubted not but if he might himselfe speake with the Pope he vpon reasonable conditions should wel enough accord with him wherfore he by his Legates and letters desired him to appoynt a place where the Emperor might resort to him The Pope seemed to be contented herewithall and appoynted a day at Fescennia where they would talke together that the Pope wâ—â—â— be there before him and accept the Emperours comming But the Pope in this while had made a confederacy with the French king against Fredericus who when he knew those 3. gallies to be ready and brought to Centincellas which he before had spoken for vnto the Genewes secretly in the night with his company hastening thether in post speede tooke ship and first came to Genua and from theÌ„re to Lions in Fraunce where he calling a Councel with a loude voyce summoneth Fredericke and appoynting him a day commanded him there personally to plead his cause And yet although he vnderstood the sodeine departing of him out of Italy made plaine demonstration of no conclusion or meaning of a peace and also knewe the Councel which the Pope had called wherein he was himselfe both plaintife and iudge and at the same councel those which he had by bribes allured preteÌ„ded the destruction of the Emperor with many other such euident demoÌ„strations both of his enuious hatefull heart to wardes him yet the most modest Emperor vsing the innocency vprightnes of his cause as one most desirous of peace and christian coÌ„cord sent the Patriarch of Antioch which lately was come out of Syria the B. of Panormia and Thadeus Suessanus the president of his court a most skilful and prudent Ciuilian to the councell at Lyons which signified vnto them the the Emperor would be there for the defence of his owne cause and for that the day was very short required a time more coÌ„uenieÌ„t for him thither to make his repaire The Emperor also being onward on his way come as farre as Taurinum sent before other messengers as the master of the Flemish order Peter de Vineis to geue them vnderstanding of the Emperors comming and that he wold proroge the day of hearing till that he might conueniently trauel thether â—â—â—for any thing that could be either sayd or done or vpon how iust cause so euer required the pope wold not geue so much as 3. dayes space in the which time the Embassadors assured them of the Emperours presence As though there had bene no common prouiso for euery man in that case by the lawe to haue vsed vppon any reasonable let What should I longer protract the time when the day by them appointed was come the Pope with his confederates whom for money bribes he had gotten to that councell against gods law against christian doctrine against both the prescript of the law of nature and reason against the rule of equitie against the order of law appoynted against the coÌ„stitutions of Emperors and also the decrees of the Empire without any obseruation of the law or graunting dilatory daies wtout probation of any crime or his cause suffered to be pleaded vnto or heard what might be answered therein taking vpon him to be both aduersarie iudge condeÌ„ned the Emperour being absent What more wicked sentence was euer pronounced what more crueller fact coÌ„sidering the persone might be committed Or what thing more brutish beastly could haue bene imagined or deuised And yet hereat were these by shops nothing ashamed but meaning to leaue their doings in wryting as an impudent testimonie to their posteritie established the same for a law to continue But marke what vengeance God toke vpon this wicked iudge The wryters of the Annales recorde that when Fredericus the Emperor and Conradus his sonne being Cesar were both dead the Pope gaping for the inheritaÌ„ce of Naples Sicile and thinking by force to haue subdued the same came to Naples with a great host of men where was heard in the Popes court manifestly pronounced this voyce Veni miser ad iudicium Dei Thou wretch come to receiue thy iudgemeÌ„t And the next day after the Pope was founde in his bed dead all blacke and blewe as though he had bene beaten with bats as before in the history of king Iohn is declared When the Emperor had vnderstanding of this cruell tyrannical sentence of the Pope passed and pronounced against him considering his furious purpose mind therin thought good by hys letters to let all christian princes potentates vnderstand as wel what iniuries manifolde displeasures hee had susteined by the 4. Popes in all theyr times as also the cruelty and tyranny of this Pope in pronouncing the sentence of iudgement and condemnation against him passing the bounds both of iustice equitie and reason which letter as he wrote the same here vnderfolloweth to be seene The letter of the Emperour to the French King and other Princes for the sentence geuen against him in the councel of Lyons by the Pope and Cardinals ALthough we suppose not the
it is manifest that he defiled by adultery her first husband yet liuing she beyng worthy to haue the promise of mariage kept vnto her Therefore because that whiche is done agaynst the Lord turneth to the wrong of all men and specially in so great a mischiefe by reason of the consequence by which she is iudged of the people both a woman adultres or defamed I like a bridle Asse by the power of the Lord and not by the voyce of a perfect mā being not able to bear so great a burdé take in hand to rebuke the madnes of the sayd false Prophet Balaam whiche at the instaunce of kyng Balaac 1. of the Prince of deuils whom he serueth and ready to cursie the people blessed of the Lord I beseeche you most excellent Prince and Lord Phillip by the grace of God king of Fraunce that like as the Aungell of God in tyme past mette in the way with a sword drawne the prophet Balaam goyng to curse Gods people so you whiche are vnwilling to execute iustice and therefore like the Aungell of the Lorde and minister of power and office woulde meete with a naked sworde this sayde wicked man whiche is farre worse then Balaam that he performe not that euill whiche he intendeth to the people First I propound that the foresayd man that nameth himselfe Boniface is no Pope but wrongfully keepeth the fear which he hath in deede to the great damage of all the soules of Gods holy Church I say also that his entring was many waies faulty and he entred not in at the doore but otherwaies and therfore is to be iudged a theefe a robber 2. I propound also that the sayde Boniface is a manifest hereticke and vtterly cut off from the body of the holy Church because of many kindes of heresies whiche are to be declared in conuenient tyme and place 3. I propound also that the sayde Boniface is an horrible simoniacall such a one as hath not bin sithens the beginning of the world and the mischiefe of this sinne in him is so notorious to all the world whiche thing is manifest to all that will playnly vnderstand in so much that he beyng openly slaūdered said openly that he could not commit simony 4. I propound also that the sayd Boniface being wrapt in infinite manifest haynous sinnes is so hardened in thē that he is vtterly not possible to be corrected and lying in doungeon of mischiefe so deepe that he may not be suffered any longer without the ouerthrow of the state of the church His mouth is full of cursing his feete and steps are swift to shed bloud He vtterly teareth in peeces the Churches which he ought to cherishe wasting wickedly the goodes of the poore making much of wicked men that geue hym rewardes persecuting the righteous and among the people not gathering but scattering bringing in new sectes of destruction that haue not bene heard of Blaspheming the way of truth and by robbery thinking himselfe equall to that Lord Iesus Christ which is blessed for euer And he beyng most couetous thirsteth for gold couereth gold by some deuise getteth gold of euery people vtterly not regardig the worshipping of God with sayned wordes sometimes by flattering sometimes by threatning sometime by false teaching and all to get mony withall he maketh marchādise of vs all enuying all thinges but hys owne louing no man nourishing warre persecuting hating the peace of his subiectes He is rooted in all vnspeakeable sinnes contrarying and striuing against all the wayes doctrines of the Lord. He is truly the abhomination of the people which Daniel the Lordes Prophet described Therfore I answere that lawes weapons and all the elemēts ought to rise against him which thus ouerthroweth the state of the Church for whose sinnes God plagueth the whole world And finally nothing remaineth to hym being so vnsatiable to satisfie him wtall but onely the vnsatiable mouth of hell and the fire that cannot be quenched continuing for euer Therfore seing that in a generall coūcel it so becommeth and I see this wicked man to be damned which offendeth both God and al men I aske and require as instantly as I can and beseech you my Lord and King aforesaid that ye would declare to the prelates doctours people princes your brethren in Christ chiefly to the Cardinals and all Prelates and call a Councell In the which when this foresaid wicked man is condemned by the worshipfull Cardinals the church may be prouided of a shephearde for that Councell I offer my selfe ready lawfully to pursue the foresaide things And where as the saide man being in highest dignity in the meane time cannot be suspended of hys superiour therefore he ought to be taken suspended in deede for the things aforesaid seing his state is called into iudgement by the meanes aforesaid I beseech and require the said Cardinals by you and I presently require them the church of God that this wicked man being put in prison the Church of Rome may be prouided of a Vicar which may minister those things that shall appertaine vntil the Church of God be prouided of a bishop vtterly to take away all occasion of a schisme And least the saide wicked man should let and hinder the prosecuting therof I require these things of you my Lord king aforesaid affirming you to be bounde to doe this for many causes First for faithes sake Secondly for your kingly dignitie to whose office it belongeth to roote out such wicked men Thirdly for your oth sake which ye made for the defence of the Churches of your Realme which the foresaid rauener vtterly teareth in peeces Fourthly because ye be the patron of the Churches therfore ye are not bound onely to the defence of them but to the calling for againe of their goodes which the foresaide man hath wasted Fiftly ye following the footesteps of your auncetors ought to deliuer your mother the Romish church from so wicked a hand wherein by oppression shee is tied bound I require that a publike instrument may be made of these requestes by the notaries here present vnder the witnes of the worshipfull men that be here present These things were done and spoken as is aforesayd at Paris in the Kings hous◠of Lupara After this protestation of master Nagareta immediatly insued the appeale of the king pronoūced and published against the sayd Boniface in forme as foloweth The appeale made by the king and the louers of the Realme against Boniface IN the name of God Amen In the yeare of our Lorde 1303 Indictione prima 13. day of Iune and the 9 yeare of the Popedom of Boniface Pope the 8. By the tenour of this publique instrumēt be it vnto all men knowen that the most noble prince and Lorde Philip by the grace of God king of Fraunce the famous and reuerend fathers in Christ Archbishops Bishops religious men Abbots and Priors here vndernamed in
the church with very good reason doth receiue And that to the great merite both of the geuer and offerer as it appeareth of Constantine and others In the which foresayd 1. cap. the reason of diuersity is well proued For that the Apostles did foresee that the Church should be among Gentiles and not onely to be in Iuda c. And further at the beginning Christ and his Apostles were wholy bent and geuen to our health saluation crudition litle sticking or standing vpō the exercise of euery churches iurisdiction hauing regard to that which is written in the 6. chapter to the Corinthians All thinges are lawfull vnto men but all things are not expedient And likewise in the 8. chapter of Ecclesiastes it is read that euerye thing hath his time But now through the grace of God the whole people of the realme of Fraunce haue submitted themselues to the christian fayth worthely therefore the Church is occupyed about ministring of Iustice and punishing of vice For peace shal be the work of Iustice Esay the 33. chap. And in these iudgements this onely is to be considered that the life of man be reformed c. Thus you see how this our conclusion somewhat is confirmed by the Scriptures Now will I proue it by naturall law reason first after this maner He seemeth most fittest to play a good iudges part which followeth nerest God For properly God is the ruler and directer of al iudgements who sayth Prouerb capite octauo By me the law maker shall decree iustice and iust thinges But Ecclesiasticall persons follow next to God and be neerest him For that they be elected of God into a peculiar people Whereof it is sayd 1. Peter 2. you are a chosen generation a royall priesthood a holy nation and a peculiar people that you should shew the vertues of him that called you c. Ergo it is most fittest that persons Ecclesiasticall and churchmen should iudge of such matters Moreouer none doubteth but that the correction and punishment of sinne belongeth to ecclesiasticall persons wherfore whē such things be not committed without sinne offence of the one party it is euident that the Church may haue cognition thereof Also who so hath power to iudge of the end hath also power to iudge of thinges ordeined to the end for the consideration of the thinges ordeined to the end riseth of the end When therefore the body is ordeined for the life and soule and tēporall thinges for spirituall as to the end The Church which doth iudge of spirituall things may in like maner lawfully iudge of tēporall things All which is sufficiently confirmed In extra c. Iudicijs Where it is sayd that the Accessarye followeth the nature of the principall which appeareth sufficiently by example For so much therfore as these two iurisdictions be compared to two lightes that is to say to the Sunne and to the Moone and all the whole clearenes and brightnesse of the Moon both in forme and vertue dependeth of the Sunne in the Sunne And that the brightnes of the Sunne is not of the Moone or in the Moone it is playne that spirituall iurisdiction which is compared to the Sunne hath it both in forme vertue the iurisdiction temporall and not contrary Many other like reasōs might be brought in But for that the time waxeth short I will omit them Thirdly I proue by the ciuill law Auth. Diffe Iud. ¶ Si tamen ix col where it is sayd If a secular iudge be suspected let the Bishop of the Citty be ioyned vnto him But if he be negligent then let the whole iudgement be referred to the bishop In like sort Theodosius the Emperor enacted such a law that whosoeuer suter being plaintife in any kinde of matter whether at the beginning thereof or after contestation of law or when the matter came to confirmatiō or to sentēce If the plaintife had once chosen the court iurisdiction the holy sec there without all doubt though the defendant resisted and dissented the matter before the bishops other ecclesiastical Iudges should be determined and ended Which law afteward Carolus the great who was king of Fraūce confirmed in these words We will commaund that all our subiectes as well Romaines and Frenchmen as others vnder our dominion whatsoeuer be by law and custome henceforth bound and charged to keepe this for a perpetuall and prescript law That whosoeuer began or commenced a sute c. as is aboue mentioned c. 11. q. i. Quicunque c. 2. But that you may obiect and say that this law is abrogated as the glose seemeth there to touche But all will not serue For although this law is not redacted into the body of the law yet for al that it is not abrogated But surely it is a priuiledge honorably graunted to the whole vniuersall church which the Emperor cannot take away no more then any other liberty of the Church By the canō law also this priuiledge is confirmed extra de iud c. timor Nouil and moreouer seemeth to be confirmed by the ciuill law C. de sacros Si eccl priuilegium although it be not expressely but generally named And so it is cleare by the ciuill law that such iurisdictiū doth pertain to Ecclesiastical persōs By canon law in like maner in places infinit Dist. 22. cap. Omnes Patriarchae 2. quest 5. ca. Si quis praesbyter 11. quae 1. cap relatum 25. distinct cap. ecce Extra de iudicijs Nouit De competenti foro cap. licet With many other places infinite yea further the canon law so farre proceedeth that whosoeuer goeth about by custom to interrupt or hinder any hauing such iurisdiction encurreth sentence ipso facto of excommunicatiō as is proued cap. quoniam intelleximus de immunitate eccl li. sext Which is most playne by the notorious custome time out of mind in the dayes of the good christian Princes where to violate such custome it is playne sacriledge 11. quest 1. tit 1. c. 2. For by law custome winneth and gaineth iurisdiction especially to him that is Capax thereof yea and further custome time out of mind is amongst all persons in place of written confirmed law Now seing the church of Fraūce hath in common vsed with the temporalty to iudge decree both of actions personall and reall touching the Church it is playne that such custome winneth iurisdiction to it Ergo. c. But the Lord Peter auouched that the custome could not preuayle in this case because here lacked true dealing Besids the said law is called inprescriptible for that it is Ius fisci But this maketh nothing agaynst vs. For the Church of Fraunce rather chalengeth this law by custome then by prescription Which custom semeth rather to be brought in of the free will and election of the people frequēting more the ecclesiasticall Consistories then the secular courts Besides this custome in that it hath bene oftentimes
and diuers other I credibly heare of certayne olde Irish Bibles translated long since into the Irish toung which if it be true it is not other like but to be the doing of this Armachanus And thus much of this learned prelate and Archbishop of Ireland a man worthy for his christian zeale of immortall cōmendation After the death of this Innocent next was poped in that sea of Rome pope Urbane the fift who by the fathers side was an englishman This Urbane had bene a long wayter in the court of Rome and when he saw no promotion would light vpon him complayning to a certayn frend of his made to him his mone saying That he thought veryly if all the Churches of the world should fall yet none would fall in his mouth The which frend after seing him to be Pope and inthronised in his threefold crowne commeth to him putting him in remembrance of his words to him before sayth that where his holynesse had moned his fortune to him that if all the Churches in the world would fall none would fall vpō his head Now sayth he god hath otherwise so disposed that all the churches in the world are fallen vpon your head c. This Pope mayntayned and kindled great wars in Italy sending Egidius his Cardinall and Legate and after him Arduinus a Burgundian his legate and Abbot with great puissaunce and much mony agaynst sundry cities in Italy By whose meanes the townes and Cittyes which before had broken frō the bishop of Rome were oppressed also Bernabes Baleaceus princes of Millam vanquished By whose example other being sore feared submitted themselues to the Church of Rome And thus came vp that wicked church to her great possessiōs which her patrons would needes father vpon Constantine the godly Emperor In the time of this Pope Urbane the 5. and in the second yeare of his raign about the beginning of the yere of our Lord. 1364. I finde a certayne Sermon of one Nicolas Drem made before the Pope and his Cardinalies on Christmas euen In the which Sermon the learned man doth worthely rebuke the prelates and priests of his time declaring their destruction not to be farre of by certayne signes taken of their wicked and corrupt life All the sayings of the Prophets spoken agaynst the wicked priestes of the Iewes he doth aptly apply against the clergy of his time comparing the Church then present to the spirituall strumpet spoken of in the 16. of the Prophet Ezechiel And proueth in conclusion the clergy of the church then to be so much worse then the old Synagoge of the Iewes by how much it is worse to sell that church Sacraments thē to suffer doues to be solde in the church with no lesse iugement also and learning he answereth to the old and false obiection of the papists who albeit they be neuer so wicked yet thinke themselues to be the church which the Lord cannot forsake All which thinges to that entent they may the better appeare in his owne words I haue thought here to translate and exhibite the Sermon as it was spoken before the Pope ¶ A copy of a Sermon made before Pope Vrbane 5. the fourth sonday in Aduent 1364. by Nicholas Orem IVxta est salus mea vt veniat iustitia c. That is My sauing health is neare at hand to come and my righteousnes to be reuealed c. Esay 56. After the sentence of S. Paule Rom. 2. and in diuers other places before the Natiuity of Christ the whole world was deuided into two sorts of men the Iewes and Gentils The Iewes who wayted for the opening of the dore of Paradise by the bloud of the Sauior to come The Gentiles who yet sitting in darckenesse were to be called to light and to be iustified by fayth as is written Rom. 5. This saluation perteining both to the Iew and Gentile God promised before time to the Fathers by the Prophets to stirre vp the desire thereof in their hartes the more and to encrease theyr firme hope and fayth in the same As first in Mich. 6. the voyce of the Lord cryeth Health and saluation shall be to all men which feare my name And Esay 46. I will geue in Sion saluation and in Ierusalem my glory c. with diuers such other places like And forsomuch as hope in many times which is deferred doth afflict the soule and conceiueth wearinesse of long deferring He therefore prophesying of the nearenesse of the commyng thereof sayeth moreouer Esay 14. his time is neare at hande to come Also Abacuc 2. He will come and will not tary with many such other places mo◠So then the holy Fathers being in Limbo looked hoped that he should bring out them that sate bound and which in the house of prison sat in darckenesse as is read Esay 41. Then the time drew on in which came the fulnesse of the Gentiles and in which the Lord would declare the riches of this mistery being hidden from the world and from generations Col. 1. Wherefore the Lord in this text doth both certifye our fathers of the comming of our Sauior and doth comfort them touching the nearenesse thereof and also teacheth the iustification of the Gentils by fayth approching now neare at hand according to the words of my text Iuxta est salus mea c. Which words were fulfilled thē what time the Lord did manifest his saluation and did reueale his righteousnes in the sight of all the Gentiles And is deuided in 3. partes Of which the first speaketh of the nearenesse of his comming where is sayd Iuxta est salus c. The second concerneth the mistery of the Aduent of Christ and his incarnation where he sayth Vt veniat c. Thirdly is considered the seuerity of God his terrible reuenging iudgement to be reuealed where he sayth Vt reueletur c. which is to be expounded of his primitiue iustice whereof speaketh Amos the 5. saying And iudgement shall be reuealed like a sloud and righteousnesse like a strong stream Wherfore for our contēplation let vs receiue with ioy the solemnities of his holy vigile the word I say of God the father that is Christ. To whom it is sayd Esay 49. I haue geuen thee to be a light to the Gentiles and to be my saluation through the ends of the world Agayne Esay 46. My saluation shall not slacke c. As touching the nearenes thereof it is in these dayes opened to vs by the gospell where we read in S. Math. When the virgine Mary was dispoused vnto Ioseph before they did come together she was found with childe by the holy Ghost By this it was euident to vnderstand that our sauior ought shortly to proceed out of the chaste wombe of the virgin according as the Prophet dyd foretell saying Behold a virgine shall conceiue and bring forth a sonne c. For like as
knowledge mee guiltie so as I knew no errour in theÌ„ of which I should be guilty therfore the Byshop sate in dome in mine abseÌ„ce and deemed me an heriticke a schismaticke and a teacher of errours and denounced me accursed that I come not to correction of the Church And therefore for this vnrightfull iugement I appeale to the kinges Iustices for many other causes One cause is for the kynges Court in such matter is aboue the Byshops court For after that the Byshop has accursed he may no feare by his law but theÌ„ mote he sech succour of the kinges law and by a writ of Significauit put a man in prison The second cause is for in cause of heresie there liggeth iudgement of death that dome may not be geuen without the kinges Iustices For the Byshop will say Nobis non licet interficere quenquam That is It is not lawfull for vs to kill anye man as they sayden to Pilate when Christ should be deemed And for I thinke that no Iustice wil geue sodenly vntrue dome as the Byshop did and therfore openly I appeale to hem and send my conclusioÌ„s to the Knightes of the Parliament to be shewed to the Lordes and to be taken to the Iustices to be wel auiset or that they geuen dome The thirde cause is for it was a false dome for no man is an hereticke but he that maisterfully defends his error or heresie and stifly maintaines it And mine auÌ„swere has ben alway coÌ„ditional as the people openly knows for euer I say yet say alway will that if they caâ—nen shew me by Gods law that I haue erret I wil gladly ben ameÌ„det and reuoke mine errours and so I am no hereticke ne neuer more in Gods grace will ben en no wise The fourth cause is For the Bishops lawe that they deme men by is full of errours and heresies contrary to the truth of Christes law of the Gospell For there as Christs law biddes vs loue our enemies the Popes law geues vs leaue to hate them to sley them and grauntes men pardon to werren againe heatheÌ„ men and sley hem And there as Christes lawe teache vs to be mercifull the Bishops lawe teaches to be wretchfull For death is the greatest wretch that meÌ„ mowen done on him that guilty is There as Christes law teaches vs to blessen him that diseazen vs and to pray for him the popes law teacheth to curse them and in theyr great sentence that they vsen they presume to damne hem to hell that they cursen And this is a foule heresy of blaspheme there as Christes law byddes vs be patient the Popes law iustifies two swords that wherwith he smiteth the sheepe of the Church And he has made Lordes and Kings to sweare to defend him and his Church There as Christes law forbiddeth vs lecheâ—y the popes law iustifies the abhominable whoredome of coÌ„mon women and the Bishops in some place haue a great tribute or rent of whoredome There as Christes lawe byddes to minister spirituall thynges freely to the people the Pope with his law selles for mony after the quaÌ„tity of the gift as pardons orders blessing and Sacraments prayers benefices preaching to the people as it is knowne amongest them There as Christes law teaches peace the Pope wyth his law assoyles meÌ„ for mony to gader the people priests and other to fight for his cause There as Christes law forbids swearing The popes law iustifieth swearing and compels men therto Wheras Christes law teacheth his Priests to be poore the Pope with his law iustifies and mayntaynes Priests to be Lordes And yet the 5 cause is for the Popes law that byshops demen men by is the same vnrightfull law that Christ was demet by of the Byshops with the Scribes and with the Pharises For right as at that time they gauen more credens to the 2. false witnesses that witnessed agaynst Christ then they deden to al the people that witnesseden to his true preaching and his miracles so the Bishops of the Popes law geuen more leuen by their law to two hereticks Apostats or two comen wymen that woulden witnesseden agaynes a man in the cause of heresy than to thousands of people that were trew and good And for the Pope is thys Antechrist and his law contrary to Christ his lawe fully I forsake this law and so I reed all Christen menne For thus by an other poynt of this law they mighten coÌ„quere much of this world For whan they can by this law preseÌ„t a man an hereticke his goods shulen be forfet from him froÌ„ his heyres and so might they lightly haue 2. or 3. false witnesses to recorde an heresye agayne what true man so hem liked Herefore me thinkes that whatsoeuer that I am a christen man I may lawfull appeale froÌ„ a false dome of the law to be righteouslye demet by the trouth of Gods law And if this appeale will not serue I appeale opeÌ„ly to my Lord Iesu Christ that shall deme all the world for he I wot well will not spare for no man to deeme a trouth And therfore I pray GOD almighty with Dauid in the Sauter booke Deus iudicium tuum regi da iustitiam tuam filio regis Iudicare populum tuum in iustitia pauperes tuos in iudicio That is O God geue they iudgement to the king and thy iustice to the kings sonne to iudge thy people in iustice and thy poore ones in iudgement c. ¶ A letter sent to the Nobles and Burgesies of the Parliament by M. William Swinderby IEsu that art both God and man help thy people that louen thy law and make knowne through thy grace thy teachinge to all christen men Deare sirs so as we seen by many tokens that this world drawes to an end all that euer haue bene forth brought of Adams kinde into this world shuleÌ„ come togeder at domesday riche and poore ichone to geue accompt and receiue after hys deedes ioy or paynen for euermore Therfore make we our werks good ye while that God of mercy abides and be yee stable and true to God and ye shulen see hys helpe about you Constantes estore videbitis auxilium Domini super vos This land is full of Ghostly cowardes in Ghostly battayle few dare stand But Christ the comforter of all that falleth to that his hart barst for our loue agaynst the fiend the doughty Duke comforteth vs thus Estote fortes in bello c. Be ye strong in battell he sayes and fight ye with the olde adder State in fide viriliter agite c. Wake ye pray ye stond ye in beleue do ye manly and be ye comfortet and let all your thinges be done with charity For Saynt Paule bidds thus in his Epistle that saw the preuetyes of God in heauen Euigilate iusti c. Awake ye that bene righteous men bee yee stable
by no tribulation could they be compelled to forsake the faith Wherfore of them this seemeth to me to be vnderstanded Thē I wil bring vpon thee some of the most strongest people they shal draw their naked swordes c. By these things it may plainly apeare why at this time rather then in time past thys matter is stirred vp and why in this kingdome rather then in other kingdomes the calling of the Gentiles is intreated of to the verifying of the Gospell through the disclosing of Antichrist But forasmuch as many tales and fables are tolde of Antichrist and his comming and many things whych doe rather seduce then instruct the hearers are applied to hym out of the scriptures of the prophets we will briefly wryte those things which are spoken of hym and we will shewe that the same fable sprang from the error of people imagining from no truth of the scriptures prophesying Now then they do say that Antichrist shall be borne in Babylon of the tribe of Dan conceiued of the mixture of man and woman in sinne because that Christe was borne of a virgin and conceiued of the holy ghost They say that he shall be an ill fauoured personage because that it is wrytten of Christ comely and beautifull is he beyonde the sonnes of men They say that he shall preach three yeres and an halfe where Christ preached that he shall circumcise himselfe and say that he is Christ and the Messias sent for the saluation of the Iewes And they say that he shal 3. maner of waies seduce the people by false miracles giftes and torments So that whom he shall not be able to ouercome with myracles nor with gifts those shall he goe about to ouercome with diuers kinds of tormēts And those that he shal seduce will he marke with hys tokens in their forehead or hands He shal sit in the temple of God and cause himselfe to be worshipped as God He shall fight as they say with the 2. witnesses of Christ Enoch Hely and shal kill thē and he himselfe shall finally be slaine with lightening To this imagined man of their own imagination but of none of the prophets foreshewed at least in no such wyse as this is do they apply the Prophets as this of Daniel When y◠cotinual sacrifice shal be taken away abhomination shall be placed to desolation That is say they when the worshipping of God shal be taken away desolation to wit Antichrist shall abhominably shewe foorth hymselfe to be worshipped then shall there be 1290. dayes that is to say 3. yeres and a halfe And this time doe they say is the time times and halfe a time And when it is sayde in Daniell Blessed is hee that looketh for and cōmeth to a 1335. dayes This do they say is thus to be vnderstanded 45. dayes of repentance to such as haue worshipped Antichrist whych 45. dayes added to the 1290. make 1335. daies Which dayes they that shall reach vnto shal be called blessed They apply also to thys Antichrist this saying of the Apocalips I saw a beast rising vp out of the Sea hauing 7. heads and 10. horns who had power geuē him to make 42. moneths Which moneths as they say do make 3. yere a halfe in which Antichrist shall raigne And many other things there are told and applied vnfitly to this imagined Antichrist that are not truly grounded vpon the scriptures Now let vs shew the errors of this fable First of al if there shall come such one saying expresly that he is Christ what Christian would be seduced by him though he shuld do neuer so many miracles neither shall he come after the maner of a seducer which shal shew himself an expresse aduersary Neither is it likely that the Iewes can be seduced by such a one seeing that Christ is not promised vnto them of the stocke of Dan by any of the Prophets but of the stocke of Iuda nor yet is he promised to thē to be a king warlike but peaceable taking warre away not making warre For of Christ sayeth Esay And in the last dayes shall there be prepared the mountaine of the house of the Lorde in the toppe of the mountaines and it shal bee exalted aboue the hilles and to it shall all the nations haue great recourse and manye people shal goe and say Come let vs go vp to the mountaine of the Lord and to the house of the God of Iacob and hee shall teache vs his wayes and wee shall walke in his pathes For out of Sion shall there goe a lawe and the word of the Lord from Ierusalem and he shall iudge the nations reproue much people And they shall turne their swordes into plowshares and their speares into sithes There shall not a nation lift vp it selfe against an other nation nor yet shall they bee any more exercised to warre And againe A litle babe is borne to vs and a sonne is geuen to vs and his Imperiall kingdome vpon his shoulder and his name shall bee called The great counsailour The mighty God The father of the world to come The Prince of peace His Empire shall be multiplied and there shal be no ende of his peace He shall sit vpon the seat of Dauid and vpon his kingdom that he may make it stedfast and strong in iudgement and in iustice from hencefoorth for euermore Zachary doeth say of Christ Reioyce thou greatly O thou daughter Sion be thou exceeding merye O daughter Ierusalem Beholde thy king shall come a righteous person and a Sauior vnto thee and yet he a poore man and getting vp vpon an asse euen vpon a yong colt of the she asse And I wil scatter abroad the chariot of Ephraim and the horse of Ierusalem And the bow of warre shal be dispersed and he shall speake peace to the nations and hys power shall be from the sea to the sea and from the floud vnto the borders of the earth By which thinges it is manifest that the wise Iewes knewe well inough Christ to be promised to them of the stocke of Iuda and not of the stocke of Dan that he was geuen all to peace not to warre Therfore it is not likely that they cā be seduced by such a one But if there should haue beene in time to come some such singular Antichrist then would Christ seing he loued his haue sayd somwhat vnto thē of him Now of one singularly doth he not speak but of many saying Many shall come in my name say I am Christ and they shal seduce many persons But now let vs see how the prophecies in Daniell the Apocalips aforesayd be falsly and erroneously applied to the same imagined Antichrist For in Daniel the ix chapter thus it is written And after 72. weekes shall Christ be slaine and they which will deny him shall not be his people And the Citie
thee and being sold was it not in thine own power why hast thou conceiued this thing in thine hart Thou hast not lyed vnto meÌ„ but vnto God And wheÌ„ Ananias heard these wordes he fell downe and gaue vp the ghost great feare came on all them that heard these things And the young meÌ„ rose vp and tooke him vp and caried him out and buried him And it came to passe about the space of iij. houres after that his wyfe came in being ignorant of that whych was done And Peter sayd vnto her Tel me womaÌ„ sold ye the land for so much And she sayd yea for so much But Peter saye vnto her why haue ye agreed together to teÌ„pt the spirit of the Lord Behold the feete of them which buried thy husbande are at the doore and shall cary thee out And straight way she fel downe before his feete and gaue vp the ghost and the yong men entring in found her dead and they caried her out and buried her by her husbaÌ„d And great feare came on all the church all those which heard these thinges It is meruaile that any man that is wise wyll say that by this processe Peter slue Ananias or hys wife For it was not his act but the act of God who made a wedding to his sonne sent his seruant to cal them that were bidden vnto the wedding and they would not come The king then sent forth his seruantes to the outcorners of the hie wayes to gather all that they could find both good and euill And so they did And the maryage was full furnished with gestes Then came in also the king to view and see them sitting Among whom he perceaued there one sitting hauing not a wedding garment and sayth vnto him frend how camest thou hither And he being dumme had not a worde to speake Then said the king to the seruitures take and binde him hand and foote and cast him into the outward darcknes there shall be weeping and gnashinge of teeth Many there be called but few chosen c. It is manifest that this wedding garment is charitie without which because Ananias entred into the maryage of Christ he was geuen to death that by one many might be informed to learne vnderstand that they which haue fayth not charitie although they appeare to men to haue yet it can not be priuy to the spirite of God that they doe fayne Such there is no doubt but they shal be excluded froÌ„ the mariage of christ as we see this here exemplified in the death of Ananias his wife by the hand of God not by the hand of Peter And how should Peter theÌ„ haue iudged Ananias albeit he had iudged him worthy of death by the rigour of the old law For why by the law he had not bene guilty of death for that part which they fraudulently dissemblingly did reserue to themselues Yea and if they had stolne as much from an other man which was greater neither yeâ— for hys lie committed he had not therfore by the law of iustice bene found gilty of death Wherefore if he did not condeÌ„ne hym by the law of iustice it appeared that he codeÌ„ned him by the law of grace and mercy whiche he learned of Christ. And so consequently it followeth much more apparent that Peter could not put him to death Furthermore to say that Peter put him to death by the meere motion of his own will and not by authoritie of the old law nor by the new it were derogatory and slaunderous to the good fame and name of Peter But if Peter did kill hym why then doth the Byshop of Rome which pretendeth to be successor of Peter excuse himselfe and his priestes from the iudgement of death agaynst heretiques and other offeÌ„ders although they themselues be conseÌ„ting to such iudgements done by lay men For that which was done of Peter without offence may reasonably excuse him and his felow Priestes from the spot of crime Actes 5. It is manyfest that there was another which did more greeuously offend theÌ„ Ananias and that Peter rebuked him with more sharpe words but yet he commanded him not so to he put to death For Simon Magus also remayning at Samaria after that he beleued and was baptised he ioyned himselfe with Phillip And when he sawe that the holye spirite was geuen by the Apostles laying theyr handes vpon meÌ„ he offred theÌ„ mony saying geue vnto me this power that vpon whome soeuer I shall lay my hand he shall receaue the holy Ghost To whom Peter answered Destroyed be thou and thy money together And for that thou supposest the gifte of GOD to be bought with money thou shalt haue neyther part nor fellowshippe in this doctrine Thy hart is not pure before god therefore repeÌ„t thee of thy wiâ—kednesse and pray vnto God that this wicked thought of thy hart may be forgeuen thee for I perceiue thou art eueÌ„ in the bitter gall of wickednes and bande of iniquitie Beholde here the greuous offence of Symon Peters hard sharp rebuking of him and yet therupon he was not put to death Whereby it appeareth that the death of Anamas aforesaid proceeded of God and not of Peter Of all these things it is to be gathered seing the iudgements of death are not grounded vpon the expresse and playn scriptures but onely vnder the shadow of the olde law that they are not to be obserued of Christians because they are coÌ„trarye to charity Ergo the bishop of Rome approuing such iudgements alloweth those that are contrary to the law doctrine of Christ as before is sayd of warres where hee approueth iustifieth that which is coÌ„trary to charity The order of Priesthood albeit it doth iustifie the iudgemeÌ„ts to death of the laity whereby offenders are condeÌ„ned to die yet are they themselues forbidden to put in execution the same iudgementes The priestes of the old law being vnperfect wheÌ„ Pylate said vnto theÌ„ concerning Christ whoÌ„ they had accused worthy death take him vnto you and according to your law iudge him answered that it was not lawful for them to put to death any man Wherby it appeareth that our priests being much more perfect may not lawfully geue iudgemeÌ„t of death against any offenders yet notwithstanding they claime vnto theÌ„ the power iudicial vpon offeÌ„ders Because say they it belongeth vnto them to know the offences by the auricular confession of the offenders and to iudge vpoÌ„ the same being knowne aud to ioyne diuers penances vnto the parties offending according to the quantitie of their offences coÌ„mitted to that the sinner may make satisfactioÌ„ say they vnto God for the offences which he neuer committed And to coÌ„firme vnto theÌ„ this iudicial power they alleage the scriptures in many places wrasting it to serue their purpose First they saye that the Bishop of Rome who is the chief priest and iudge among them hath ful power authority to
rooted out or otherwise punished by any that hath authoritie and the feare and loue of God And also they are not afrayd openlye to write the same articles and so being written to deliuer thē to your kinglye parliament and obstinately to affirme the same The venemous and disdainfull recitall of which articles vpon good aduisement at this present we passe ouer lest the sufferaunce of such sensualitie might fortune to renue the woūd that reason may heale Yet notwithstanding least so great and contagious an euil should escape vnpunished and that without deserued vexation and also that it might not get more hart and waxe stronger we therefore according to that our office and duetie is where such neglygence and sluggishnes of our prelates being present where this thing is do commit and geue in commaundemēt to our reuerend brethren Canterbury and Yorke Archbishops by other oure letters that they stand vp in the power of God agaynst this pestilent and cōtagious sect and that they liuely persecute the same in forme of lawe roote out and destroy those that aduisedly and obstinately refuse to withdraw their foote frō the same stumbling block any restraint to the contrary notwithstanding But because the assistance counsaile fauour and ayde of your kingly estate highnes are requisite to the execution of the premisses we require exhort and beseech the same your princely highnes by the bowels of the mercy of Iesus Christ by his holy fayth by your owne saluation by the benefit that to all men is common and by the prosperitie assured to euery man and woman that not onelye your kingly seueritie may readily shewe and cause to bee shewed vnto our Archbishops and their Commissaries in this behalfe requyring the foresayd due execution conuenient ayd and fauour as otherwise also to cause them to be assisted But that also you wil enioyne your Magistrates and Iustices of assise and peace more straightly that of their owne good wils they execute the authoritie committed vnto thē with al seueritie against such damned men according as they are boūd by the office which they are put in trust with Against those I mene which haue determyned obstinatly to defile thēselues in their malice and sinnes those to expell banish and imprison and there so long to keepe them til cōdigne sentence shall pronounce them worthye to suffer punyshment For your kingly wisedome seeth that such as they be do not only deceiue poore simple souls or at the least do what they can to deceiue thē but also bring their bodies to destructiō and further prepare confusion and ruinous fall vnto their temporall Lordes Go to therefore my sweete sonne and indeuour your self to worke so in this matter as vndoubtedly we trust you will that as this firebrand burning and flaming ouer sore beganne vnder your president or gouernment so vnder your seuere iudgement and vertuous diligence might fauour and ayde not one sparke remaine hid vnder the ashes but that it be vtterlye extinguyshed and spedely put out ¶ Geuen at our palace of S. Peter at Rome the xv Calendes of October in the sixt yere of our pontificalitie ¶ The Kynges Commission RIchard by the grace of God kyng of Englande Fraunce and Lorde of Irelande To all those vnto whom these present letters shall come greeting Know ye that where as lately at the instance of the reuerend father William Archbishop of Caunterbury Metropolitane of all England and Legate of the Apostolycal seate we for the redresse and amendement of all those whych would obstinately preach or maintaine publiquely or priuely any conclusions of the holy scripture repugnant to the determynatiō of our holy mother the church notoriously redounding to the subuersion of the Catholique faith or cōtaining any heresie or errour within the prouince or bishopricke of Cāterburie Haue by our special letters patents in the zeale of the fayth geuē authoritie and licence vnto the foresayd Archbishop to all and singular his suffraganes to arest all and euerye of them that will preach or maintaine any such cōclusions wheresoeuer they may be found and to cōmit them either to their owne prisons or any others at their owne pleasure and to kepe thē in the same vntill they repēt them of the errours prauities of those heresies or til that of such maner of arests by vs or by our counsayle it shoulde be otherwise determined that is to say to euery one of them and their ministers throughout their cities and dioces And nowe the reuerēd father in god Iohn B. of Herford hath for a certaintie informed vs that although the same B. hath accordinge to iustyce cōuinced a certain felow named W. Swinderby pretending himself to be a chaplaine one Stephē Bell a learned man and hath pronounced thē heretikes and excōmunicate false informers among the cōmon people and hath declared the same by the definitiue sentence of the aforesaid bishop for that they haue presumed to affirme and preach openly in diuers places within the dioces of Herford many conclusions or naughty opinions notoriously redounding to the subuersion of the Catholike sound faith and tranquilitie of our kingdome The same Bishop notwithstandinge neyther by the ecclesiasticall censures neyther yet by the force and strength of our cōmission was able to reuoke the foresaid William and Stephen nor yet to bridle the malice and indurate contumacie of them For that they after that they were vpon such heretical prauitie conuict by the same bishop to the intent they might delude his iudgement and iustice conueyed thēselues by and by vnto the borders of Wales with suche as were their factours and accomplices in keping themselues close vnto whō the force of our said letters doth in no wise extende Whereupon the sayde Bishop hath made supplycation vnto vs that wee will vouchsafe to prouide a sufficient remedye in that behalfe Wee therfore which alwayes by the helpe of almightie God are defēdours of the fayth willing to withstand suche presumptuous and peruerse enterprises by the most safest way and meanes we maye geue and cōmit full power and authoritie to the foresayd bishop and to his ministers by the tenour of these presents to arrest or take or cause to be arrested or taken the foresayde William and Sthephen in any place within the citie dioces of Hereford and our dominiō of Wales with al the speede that may be and to cōmit thē either to our prison or els to the prison of the same bishop or any other prison at their pleasure if such neede bee and there to keepe thē safe And afterwards vnles they will obey the commaundements of the Church with dilygence to bring them before vs and our coūsel or els cause them to be brought That we may determine for their further punishment as we shall thinke it requisite conuenient to be done by the aduise of our coūsell for the defence and preseruation of the Catholike faith And
citation sent by messenger by letters or edict not admitting proofe by witnesses and sentēce definitiue to be we do ordeine will and declare for the easier punishment of the offēders in the premisses and for the better reformation of the church deuided and hurt that all such as are diffamed openly knowne or vehemētly suspected in any of the cases aforesayd or in anye article of the catholicke fayth sounding contrary to good manners by authoritie of the ordinary of the place or other superior be cited personally to appeare cyther by letters publique messenger being sworne or by edicte openly set at that place where the sayd offender commonly remayneth or in hys parish Church if he hath any certayne dwelling house Otherwise in y◠Cathedrall church of the place where he was borne and in the parish churche of the same place where he so preached and taught And afterwardes certificate beyng geuen that the citation was formally executed agaynst the party cited being absent and neglecting hys appearannce it shal be proceeded agaynst him fully and playnly without sound or shew of iudgement and without admitting proofe by witnesses and other canonicall probations And also after lawful informatiō had the sayd ordinary al delayes set apert shall signifie declare and punishe the sayd offender according to the quallitie of his offence and in forme aforesayd and further shall doe according to iustice the absence of the offender notwithstanding Geuen at Oxford ¶ Who would haue thought by these lawes and constitutions so substantially founded so circumspectly prouided so dilligently executed but that the name and memory of this persecuted sort should vtterly haue bene rooted vp neuer could haue stand And yet such be the works of th◠lord passing all mēs admiratiō all this notwithstanding so far was it of that the number and courage of these good men was vanquished that rather they multiplied dayly encreased For so I finde in Registers recorded that these foresayd persons whome the king and the Catholique fathers did so greatly deteste for heretickes were in diuers countries of this realme dispersed and increased especially at London in Lincolnshire in Northfolk in Herefordshyre in Shreusbury in Callice and diuers other quarters mo with whom the Archb. of Caunterbury Thomas Arundell the same time had much ado as by hys own registers doth appeare Albeit some there were that dyd shrinke many did reuolt and renounce for daunger of the law Among whom was Iohn Puruey whiche recanted at Paules Crosse of whom more foloweth the Lord willing to be said in the yeare 1421. Also Iohn Edward priest of the dioces of Lincolne who reuoked in the greene yard at Norwich Richard Herbert and Emmot Willy of Lōdon also Iohn Becket who recanted at London Item Iohn Seynons of Lincolneshyre who was caused to reuoke at Caunterbury The articles of whom which commonly they did hold and which they were constrayned to abiure most specially were these as follow Their Articles First that the office of the holy Crosse ordayned by the whole Church celebrated doth contayne idolatry Item they sayd and affirmed that all they which doe reuerence and worship the signe of the crosse do commit idolatry and are reputed as Idolaters Item they sayd and affirmed that the true fleshe and bloud of our Lord Iesus Christ is not in the sacrament of the aulter after the words spoken by the priest truely pronounced Item they sayd and affirmed the sacrament of the aultar to be sacramentall bread not hauing life but onely instituted for a memoriall of Christes passion Item they sayd and affirmed that the body of Christe which is taken on the aulter is a figure of that body of christ as long as we see the bread and wyne Item they sayd and affirmed that the decree of the prelates and clergie in the prouince of Caunterbury in theyr last conuocation with the consent of the king and the nobles in the last Parliament agaynst him that was brent lately in the citty of London was not sufficient to chaunge the purpose of the sayd Iohn when the substance of materiall bread is euen as before in the sacrament of the aultar it was no change being made in the nature of bread * Item that any lay man may preach the Gospel in euery place and may teach it by his owne authoritie without the licence of his Ordinary Itē that it is sinne to geue any thing to the preaching friers to the Minorites to the Augustines to the Carmelites Item that we ought not to offer at the funerals of the dead Item that the confession of sins to the people is vnneedefull Item that euery good man though he be vnlearned is a priest Item that the infant though he dye vnbaptised shal be saued Item that neither the pope nor the prelate neither any ordinary can compell any man to sweare by anye creature of God or by the bible booke Item that as well the Bishop the simple man the priest and the lay man be of like authoritie as lōg as they liue well Item that no man is bound to geue bodily reuerence to any prelate ¶ William Thorpe THus much briefly being signified by the way touching these which haue bene forced in time of this king to open abiuration Next commeth to our handes the worthy history of maister William Thorpe a warriour valiaunt vnder the triumphant banner of Christ with the processe of his examinations before the foresayd Thomas Arundell Archbishop of Caunterb written by the sayd Thorpe and storyed by his owne pen at the request of hys frendes as by hys own words in the processe here of may appeare In whole examination whiche seemeth first to begin an 1407. thou shalt haue good reader both to learne and to merueile To learne in that thou shalt beare truth discoursed and discussed with the contrary reasons of the aduersary dissolued To marueile for that thou shalt beholde here in this man the merueilous force and strength of the Lordes might spirite and grace working and fighting in his souldiors also speaking in theyr mouthes according to the word of hys promise Luke xxi To the rest of the story we haue neither added nor diminished but as we haue receiued it copied out corrected by maister Williā Tindall who had his own handwriting so we haue here sent it and set it out abroad Althoughe for the more credite of the matter I rather wished it in his own naturall speach wherein it was first written Notwithstanding to put away all doubt and scrouple herein this I thought before to premonishe and testifie to the Reader touching the certaintie hereof that they be yet aliue whiche haue seene the selfe same copy in his own old English resembling y◠true antiquitie both of the speach and of the time The name of whom as for recorde of the same to auouche is M. Whithead who as he hath seene the true ancient copy in the hādes of George Constantine so hath he
com coÌ„paruit Ideo presentibus coronatoribus com predicti vtlagatâ— fuit per quod inquiratur de terra catallis suis. ¶ Notes or considerations vpon the Inditement and Commission aboue prefixed Die Mercurij proximo post festuÌ„ Epiphaniae c. ¶ First here is to be noted considered good reader the day and date of geuing out the Commission then of the Verdict presented by the Iurers which was both in one day that is on the Wednesday next after the Epiphanie in the first yeare of the reigne of kyng Henry 5. which was the x. day of the moneth of Ianuary as the date of the Commission sayth an 1413. after the vse of EnglaÌ„d or after the Romish vse an 1414. So that after the vse euer we count whether it be an 1413. or els an 1414. the Dominicall letter begynning at the first day of Ianuary to chauÌ„ge must needes be G. for the yeare so necessarily make Wednesday next after the Epyphanie to be the x. day of the sayd moneth of Ianuary Thus then this present Wednesday which was the tenth day of the moneth being well noted and borne in minde on the which day both the Commission was directed also the Verdict presented let vs now proceede further in the foresayd Iuditement It foloweth Per SacrameÌ„tum xij iuratorum extitit praesentatum c. ¶ If there had bin true dealing in this the Iurers should haue bene named But it is not like that there was euer any such Inditement found by any Iurers and therefore they did best not to name the Iurours least they would haue denied this Iuditement to be their Acte it foloweth more in proces of the Inditement Et dictum Ioan. Oldcastel Regentem Eiusdem regni constituere c. ¶ If there were no other argument this were sufficient to disproue the manifest vntruth of this surmised Inditement When as the king was not yet gone to Fraunce nor determined to go how could they conspire then to make a Regent For the king went in Iuly folowing vidz the second yeare of his raigne leauing behinde him the Queene his mother in law for Regent whereby it may be gathered that this matter was vntruly entred and stolen into the Records with an antedate or els at the least there appeareth manifest vntruth that they should conspire to make a Regent when a Regent was not thought vpon vnlesse it were all ready run into the heads of the Cleargie who shortly after fearing their temporalities as Caxton saith perswaded the King to make warres in Fraunce This word Regent therefore proceedeth of the secret spirit of the Cleargy and maketh the whole matter very suspicious to be grounded altogether vpon the malice of the Cleargie and their vntrue surmises It foloweth moreouer Quasi gens sine capite in finalem destructionem c. ¶ Now doth this stand with that goeth before that they conspired to make a Regent except you will say that to make a Regent is to be a people without an head It foloweth Cum quam pluribus rebellibus dicti regis ignotis ad numerum viginti millium hominum c. ¶ A straunge matter that they should knowe of the conspiracie of twentie thousand and yet knowe of no moe names of the rebels but the Lord Cobham onely or one or two mo And all the rest were ignoti Priuatim insurgentes c. ¶ This smelleth of the Cleargies owne penning without any great aduise of learned counsaile for otherwise such as had bene herein skilfull would neuer haue put in priuatim insurgentes Die Mercurij proximo post festum Epiphaniae D. anno R.R. praedicto c. ¶ This Wednesday next after the Epiphanie was the x. day of the moneth of Ianuary and the same day when both the conspiracie was put in execution and the same day when the commission was giuen out to enquire also when the fact was by enquirie presented Whereby it may seeme a strange thing that so great a conspiracy knowne beforehand was not suppressed nor enquired of by any commission but ouely by a commission bearing date of the same day vpon which day by the purport of the Inditement the conspiracie should haue bene put in execution by open rebellion as it is aforesayd Praedictum D. nostrum Regemfratres suos videl Thomam Ducem Clarentiae Ioannem de Lancastre Humfredum de Lancastre c. ¶ If the kings learned counsaile had dealt in this Inditement as in case of treason they should haue done if it had bene a matter of truth they would neuer haue handled it so slenderly and wrongly as to name the Dukes of Bedford and of Gloucester Iohn of Lancaster and Dumfrey of Lancaster who were made Dukes in the 13. yeare of the raigne of King Henry the fourth their father as appeareth by Caxtones Chronicle Et ibidem versus campum praedictum modo guerrino arriati proditorie modo insurrectionis contra ligeantias suas equitauerunt ad rebellandum dictum D. nostrum regem c. ¶ This is falsified by plaine euidence of histories And Cope hymselfe confesseth no lesse For he so sayth and confesseth page line That Sir Iohn Oldcastle was not there in person but onely that his consent and good will was there Againe seeing this equitation or riding toward Saint Giles field was vpon the Wednesday next after the feast of Epiphany as in this Inditement and processe of outlawry is aboue testified which was the tenth daye of Ianuary and commission also the same day was charged and the Iewry moreouer impanelled the same daye yet no Iewrer named Item the verdict the same day presented how all these can concurre together and all in one day let the reader after he haue well considered the matter vse his iudgement therin not only whether it be like but also whether it be possible Ouer and beside all this it is to be noted that if thys matter had bene truely and duly handled as touching the reason then had it not bene needefull to haue brought sir Iohn Oldcastle into the Parliament house before the Lords to haue had his iudgement For by the outlawrie if it had bene true he was 〈◊〉 and without ame more adde should hauâ— had iudgement in the Kings Bench as a Traytor But the chiefe Iustice knowing the handling of the matter durst not belike enterprise so far Wherefore iâ— was deuised that he should certifie the record 〈◊〉 the 〈◊〉 which he did together with the Bishops 〈◊〉 filed to the â—ecord which was verie strange And thereupon the Lords gaue such a iudgement as was not due for a Traytor For that they gaue no iudgement that he should be drawne hanged and set downe aliue and then 〈◊〉 weâ—led and quarâ—ered which is the iudgement of a Traytor And albeit the Parliament might haue attainteâ— him without any more ado And by the same Act of atteinder
place to place and specially about the ministration of the sick Also I declared not of my selfe but I hearde it to be declared by others both great and credible persons that there was a certaine woman a folower of that secte the which taking by violence the body of Christe out of a priests handes did communicate vnto her selfe and affirmed that all men oughte to doe so if the Priests would denye them the Communion And the same woman amongst many other errours of the whych shee was conuicted did affirme that a good lay woman myght better consecrate and geue absolution then an euill priest affirming that an euill priest can neyther consecrate nor absolue But I know that neyther I neither any of my assistance in this matter haue broughte thys at any time into your cares that coblers in the sayde kingdome doe heare confession or minister the sacrament of the body of Christ as is alleaged by the sayde Peter in the behalfe of the sayde supplicantes Notwythstanding that we did feare if meanes were not founde to recounter or stoppe the offences before named that thys would immediatly folow vpon it Wherfore most reuerend fathers least that the kingdome mighte hee defamed any more by such pestiferous sectes and that the Christian faith myght happen to be indaungered with all reuerence and charity I do desire you euen by the bowels of mercy of our Lord Iesus Christe that thys most sacred Councel would prouide some speedy remedy for this kingdome as touchyng the premisses Moreouer whether be they backbiters and slanderers or wicked and false enuiers of the kingdome of Boheme the which do let the errors aforesaid many others more which are sowen by the Wicleuists in the sayd kingdome and also els where whych also both do labor and haue laboured for the extirpation and roting out of those errours out of the kingdome aforesayd and as catholicke men for the zeale of their faith haue manfully put forth themselues against the maintainers of the sayd errours or such as doe maintaine and defend the teachers of those errours This answere I haue here presented before your reuerences alwaies wholy submitting my self and assistance vnto your iudgement and to the definition of this most sacred councell of Constance ¶ The answere of the nobles of Boheme THe day before whitsontide the nobles of Boheme dyd confute this theyr aunswer made 2. dayes before in the Councel to their former wryting as here foloweth Most reuerend fathers and Lordes for so much as vpon thursday it was answered in the behalfe of your reuerences to the requests of the nobles and Lords of Boheme that the sayde Lordes were misinformed of diuers poynts contained in the declaration of their said vil therfore the foresayd Lords haue now determined and decreed to declare their former propounded requests more at large vnto your reuerences not mineding hereby to argue or reprooue your fatherly wisedomes and circumspections but that youre reuerences theyr desires being partly on thys behalf fulfilled might the more effectuously distinctly discerne and iudge as touching thys matter And first of all where as the Lordes alleaged and sayd how that maister Iohn Hus was come hether vnto Constance freely of his owne good will vnder the safe conduct of the Lorde the king and the protection of the sacred Empire It is aunswered on the behalfe of your reuerences how that the said Lords are misinformed as touching the safe conduict and that you haue vnderstand by such as are worthy credit that the frends and fauorers of the sayd M. Iohn Hus did first procure and get his safe conduicte 15. dayes after hys imprisonment The Lords of Boheme and specially the Lorde Iohn de Clum heere present whome thys matter doeth chiefely touche doeth aunswere that not onely the 15. day after but euen the very same day that Iohn Hus was apprehended and taken when as our reuerende father the Pope in the presence of all his Cardinals demaunded of M. Iohn de Clum whether M. Iohn Hus had any safeconduict from the king hys sonne he answered most holy father Cardinals knowe ye that he hath a safe conduict and when he was asked the question againe the second time he answered in like maner Yet notwithstāding none of them required to haue the safeconduict shewed vnto them and againe the thirde day following the Lord Iohn de Clum complained vnto our Lord the Pope how notwythstanding the safe conduict of oure soueraigne Lorde the king he detained and kept M. Iohn Hus as prisoner shewing the said safeconduict vnto many And for a further truth herein he referreth hymself vnto the testimonies and witnesses of diuers Earles Byshops knightes gentlemen and famous Citizens of the city of Constance the whych altogether at this present did see the said safe conduict and heard it read whereupon the sayde Iohn de Clum is ready to binde hymselfe vnder what penalty shal be required euidently to proue and cōfirme that which hee hath promised who soeuer say to the contrary Moreouer the Lordes of Boheme referre themselues vnto the knowledge of certaine Princes electors other Princes Byshops many other noblemen which were present before the kings maiestie where and when as the said safe conduct was graunted and geuen out by the speciall commaundement of our sayd Lord the king Hereby your fatherly reuerences may vnderstand and perceiue that the sayd Lordes of Boheme are not euill informed as touching the saide safe conducit But rather they which by such reportes haue falsly and vntruely informed your reuerēces And first of al they haue offended agaynst the Lord our king and hys chauncellours Secondarely against the Lords and nobles of Boheme as thoughe we had priuely by stealth purchased the sayde safe conduict Wherefore the Lords aforesaid most humbly require desire your reuerēces that you wil not so lightly beleue such as be not worthy of credit but rather hearing the contrary part to labour and discusse that the trueth may the more euidently appeare Secondly where as the Lordes aforesayde alleaging how M. Iohn Hus cōming vnto Constance of his owne free will being neither condemned nor heard was imprisoned your reuerences haue made aunswer therunto that he the sayd M. Iohn Hus in the time of Alexander 5. was infamed and slandered vppon certaine heresies and thereupon cited personally to apeare in the court of Rome and there was heard by hys procurers And for somuch as he refused obstinatly to appeare he was excommunicated in the which excommunication he continued as you affirme by the space of fiue yeares for the whych he was iudged and counted not onely a simple and plaine hereticke but an heresiarke that is to say an inuenter and sower of newe and straunge heresies and that he comming towarde Constance did preache by the way openly To this the Lordes aforesayd do aunswere that as touching hys slaunder and citation they can affirme nothing but by report But as touching
and equitie is banished the Ecclesiasticall power is iniuried and the calamitie of this Schisme bringeth in all kinde of bondage swords and violence doth rule the laitie haue the dominion concord and vnitie are banished and all prescript rules of Religion vtterly contemned and set at naught Consider most gentle Lords how that during this most pestiferous Schisme how manie heresies haue appeared and shewed themselues how manie heretickes haue scaped vnpunished how manie Churches haue beene spoiled and pulled downe how manie Cities haue beene oppressed and regions brought to ruine what confusion hath there happened in the Cleargie What and how great destruction hath bene amongst the Christian people I pray you marke how the Church of God the spouse of Christ and the mother of all faithfull is contemned and despised For who doth reuerence the keies of the Church who feareth the censures or lawes or who is it that doth defend the liberties thereof But rather who is it that doth not offend the same or who doth not inuade it or else what is he that dare not violentlie lay hands vpon the patrimonie or heritage of Iesus Christ The goods of the Cleargie and of the poore and the reliefe of Pilgrimes and straungers gotten together by the bloud of our Sauiour and of manie Martyres are spoyled and taken awaie behold the abhomination of the desolation brought vpon the Church of God the destruction of the faith and the confusion of the Christian people to the ruine of the Lordes flocke or folde and all the whole companie of our most holy Sauiour and redeemer This losse is more great or greeuous then anie which could happen vnto the Martires of Christ and thys persecution much more cruell then the persecution of anie tyrants for they did but only punish the bodies but in this schsme and diuision the soules are tormented There the bloud of men was only shed but in this case the true faith is subuerted and ouerthrowne That persecution was saluation vnto many but this Schisme is destruction vnto all men When the tirants raged then the faith did increase but by this diuision it is vtterly decaied During their crueltie and madnes the primatiue Church increased but through this schisme it is confounded and ouerthrowne Tiraunts did ignorantly offende but in this schisme many do wittingly and willingly euen of obstinacie offend There came in heretikes vsers of Symonie and hypocrites to the great detriment and deceit of the Church vnder those tirants the merites of the iust were increased But during this Schisme mischiefe and wickednes are augmented for in this most cursed and execrable diuision truth was made an enimie vnto all Christians faith is not regarded loue and charitie hated hope is lost iustice ouerthrowne no kinde of courage or valiantnes but onely vnto mischiefe modestie and temperance cloked wisedome turned into deceit humilitie fained equitie and truth falsified pacience vtterly fled conscience small all wickednes intended deuotion counted folly gentlenes abiect and cast away religion despised obedience not regarded and all maner of life reprochfull and abhominable With how great and greeuous sorowes is the Church of God replenished filled whiles that tirants do oppresse it heretikes inuade it vsers of Symonie do spoile and rob it and schismatikes go about vtterly to subuert it O most miserable and wretched christian people whome now by the space of forty yeares with such indurate and continuall schisme they haue tormented and almost brought to ruine O the little barke and ship of Christ whiche hath so long time wandred and straied now in the middest of the whorlepooles and by and by sticketh fast in the rocks tossed too and fro with most greeuous and tempestuous stormes O miserable and wretched boate of Peter if the most holy father would suffer thee to sinke or drowne into what dangers and perils haue the wicked pirates brought thee amongst what rockes haue they placed thee O most godly and louing Christians what faithfull deuout man is there which beholding and seeing the great ruine and decay of the Church would not be prouoked vnto teares what good conscience is there that can refraine weeping because that contention and strife is powred vpon the ecclesiasticall rulers which haue made vs to erre in the way because they haue not founde or rather would not finde the way of vnitie and concord Whereupon so many heresies and so great confusion is sproong vp and growne in the flocke of Peter and the fold of our Lord. Many Princes Kings and Prelates haue greatly laboured and trauelled for the rooting out heereof but yet could they neuer bring to passe or finish that most holesome and necessary worke Wherefore most Christian King this most glorious and triumphant victory hath tarried only for thee the crowne and glorie therof shal be thine for euer and this most happy victory shall be continually celebrate to thy great honour and praise that thou hast restored againe the Church which was so spoiled thou hast remoued and put away all inueterate and ouergrowne Schismes and diuisions thou hast troden downe vsers of Symony rooted out all hereticks Doest thou not behold see how great perpetuall and famous renowne glory it wil be vnto thee For what can be more iust what more holy what more better what more to be desired or finally what can be more acceptable than to roote out this wicked and abhominable Schisme to restore the Church againe vnto hir auncient libertie to extinguish and put away all Simony and to condemne and destroy all errours and heresies from amongst the flocke of the faithfull Nothing truly can be better nothing more holy nothing more profitable for the whole worlde and finally nothing more acceptable vnto God For the performance of which most holy and godly worke thou wast elect and chosen of God thou wast first deputed and chosen in heauen before thou wast elect and chosen vpon earth Thou wast first appointed by the celestiall and heauenly Prince before the electours of the Empire did elect or choose thee and specially that by the Imperiall force and power thou shouldest condemne and destroy those errours and heresies which wee haue presently in hand to be condemned and subuerted To the performance of this most holy worke God hath giuen vnto thee the knowledge vnderstanding of his diuine truth and veritie power of princely maiestie and the iust iudgement of equitie and righteousnes as the most highest himselfe doth say I haue geuen thee vnderstāding and wisedome to speake and vtter my words and haue set thee to rule ouer nations and kingdomes that thou shouldest helpe the people plucke down and destroy iniquitie by exercising of iustice thou shouldest I say destroy all errours and heresies and specially this obstinate heretike heere present through whose wickednes mischiefe many places of the world are infected with most pestilent and hereticall poison and by his meanes and occasion almost vtterly subuerted
sought to by pilgrimages neither is it lawfull for Christians to bow theyr knees to them neither to kisse them nor to geue them any maner of reuerence For the which Articles the Archbishoppe with other Bishops and diuers learned commoning together first condemned the bookes as hereticall and burned them in fire and then because they thought the said Iohn Claydon to be forsworne and fallen into heresy the Archbishop did proceed to his definitiue sentence against the said Iohn personally appearing before him in iudgement his coÌ„fessions being read and deposed against him after this maner IN the name of God Amen We Henry by the grace of GOD Archbishop of Caunterbury primate of all England and Legate of the Apostolicke sea in a certayne cause of hereticall prauity of relapse into the same wherupon I. Claidon lay man of the prouince of Caunterbury was detected accused and denounced in the sayd our prouince of Caunterbury publickely defamed as by publick fame and common report notoriously to vs hath bene known first sitting in iudgement seat obseruing all things lawfully required in this behalfe do proceed to the pronouncing of the sentence definitiue in forme as followeth The name of Christ being inuocated onely set before our eies forasmuch as by the actes and thinges enacted producted exhibited and confessed before vs also by diuers signes euidences we haue found the said Iohn Claydon to haue bene and to be publickly and notoriously relapsed agayne into his former heresye heretofore by him abiured according to the merites and desertes of the sayd cause being of vs diligently searched weyed and pondered before to the inteÌ„t that the sayd I. Claidon shall not infect other with his scab by the consent and assent of our reuerend brethreÌ„ Richard Bishop of LoÌ„don Iohn Bishop of Couentry and Liechfield Steuen Bishop of S. Dauids and of other Doctors as well of diuinity as of both lawes and also of other discreet and learned men assisting vs in this behalfe do iudge pronounce and declare the sayd I. Claydon to be relapsed agayne into his heresy which he before did abiure finally and definitiuely appoynting him to be left vnto the secular iudgement and so do leaue him by these presentes Thus Iohn Claidon receiuing his iudgement condemnation of the Archbishop was committed to the secular power and by them vniustly vnlawfully was coÌ„mitted to the fire for that the teÌ„porall magistrate had no such law sufficient for them to burne any suche man for religion condeÌ„ned of the prelats as is aboue sufficiently proued declared pag. 523. But to be short Quo iurè quaque iniuria Iohn Cleydon notwithstanding by the temporall magystrats not loÌ„g aâ—ter was had to smithfield where meekely he was made a burnt offering vnto the Lord. an 1415. The burning of Iohn Claydon and Richard Turming Robert Fabian and other Chronologers which folow him adde also that Richard Turming Baker of whome mention is made before in the examination of Iohn Claydon was likewise the same time burned with him in smithfield Albeit in the Register I finde no sentence of condemnation geuen against the sayd Turming neither yet in the story of S. Albons is there any such metioÌ„ of his burning made but only of the burning of Iohn Claydon aforesaid wherfore the iudgement hereof I leaue free to the reader Notwithstanding concerning the sayd Turming thys is certaine that he was accused vnto the bishops no doubt was in their handes bands What afterward was done with him I refer it vnto the authors The next yeare after the burning of these two aforesaid and also of Iohn Hus being burnt at Constaunce whiche was an 1416. the Prelates of England seing the dayly increase of the Gospell and fearing the ruine of theyr papall kingdome were busily occupied with all theyr counsel and diligence to mayntayne the same Wherefore to make their state and kingdome sure by statutes lawes constitutions and terrour of punishment as Thomas Arundell and other Prelates had done before so the forenamed Henrye Chichesley Archbishop of Canterbury in his conuocation holden at London maketh another constitutioÌ„ as though there had not enough bene made before agaynst the poore Lollardes the coppy and tenor wherof he sendeth abroad to the bishop of London and to other his Suffraganes by them to be put in straight execution conteyning in words as foloweth HEnry by the grace of God Archbishop of Canterbury Primate of all England and Legate of the chiefest seat to our reuereÌ„d brother in the Lord Richard by the grace of God bishop of London health brotherly loue with continuall increase Lately in our last conuocation in Sayncte Paules Church in London being kept by you and other our brethren and clergy of our prouince we do remember to haue made this order vnderwritten by your consentes When as among many other our cares this ought to be chiefe that by some meanes we take those heretickes whiche like foxes lurke hide theÌ„selues in the Lordes vineyard that the dust of negligeÌ„ce may be vtterly shakeÌ„ from our feete and from the feete of our fellow brethren In thys the sayd conuocation of the Prelats and clergy we haue ordeined and that our fellowe brethren our Suffraganes and Archdeacons of our prouince of Canterbury by theÌ„selues their Officials or Commissaryes in all their iurisdictioÌ„s euery of their charges in theyr country twise euery yere at the least do diligeÌ„tly enquire of such persons as are suspect of heresy And that in euery suche their Archdeaconries in euery parish wherin is reported any hereticks to inhabit they cause three or more of the honestest meÌ„ and best reported of to take their othe vpon the holy Euangelist that if they shall knowe or vnderstand any frequenting either in priuy conueÌ„ticles or els deferring in life or maners froÌ„ the common conuersation of other Catholick men or els that holde any either heresyes or errors or els that haue any suspected bookes in the English tong or that do receiue any such persons suspect of heresyes and errours into theyr houses or that be fauorers of them that are inhabitants in any such place or conuersant with them or els haue any recourse vnto them they make certificats of those persons in writing with all the circumstances wherewith they are suspect vnto the said our Suffraganes or Archdeacons or to theyr Commissaryes so soone with as much speede as possibly they can And that the sayd Archdeacon and euery of their Commissaryes aforesayd do declare the names of all such persons denounced together with all the circuÌ„staÌ„ces of theÌ„ the dioces places secretly vnder theyr seales do send ouer vnto vs the same And that the same diocessans effectually direct forth lawfull proces agaynst them as the quality of the cause requireth that with all diligence they discerne define and execute the same And if perhaps they leaue not such persons
themselues aboue the vniuersall church thought it lawfull for them to doe all things after their owne pleasure and that no one man froÌ„ henceforth should transport the councell from one place to another as Eugenius atteÌ„pted to doe now to Bononia now to Florentia theÌ„ agayne to Bononia after to Ferraria and after that agayne to Florentia and that hereafter the Bishops should withdraw theyr minds from the carefulnes of temporall goodes whiche as he himselfe did see had no mind at all on spiritual matters therfore by how much this SessioÌ„ was most holy and necessary by so much more the assent of the Ambassadours was most laudable acceptable to all the fathers These wordes thus spoken he rose vp and the congregation was dissolued Now after that Gabriel Condulmarius was deposed from the bishopricke of Rome the principall fathers of the Councell being called together in the Chapter house of the great Church consulted together whether it were expedeÌ„t that a new bishop should be created out of haÌ„d or deâ—erred for a time Such as thought good that the election shoulde be done with speed shewed how daungerous a thing it was for such a coÌ„gregatioÌ„ to be without a head also what a pestiferous sicknes was in al the City which not onely consumed young men and children but also men of middle age and old men in like maner and that this plague came first by straungers vnto the poore of the Citty and so infected the rich now was come vnto the fathers of the counceel amplifiyng moreouer and encreasing the terror therof and making the thing worse then it was as the maner is Neither doth the decree sayd they any thing let or hinder wherein it is prouided that there should be delay of lx dayes after the sea is voyde for that is to be vnderstand when as the sea is voyd at such time as there is no Councell holden neyther ought we to tary or make any delay least the Princes being perswaded by Gabriel should resist Unto whom the deposition of Gabriell and the election of some other is to be certified all vnder one message The other which thought good that there should be a delay sayde that the Councell did lacke no head for so muche as Christ was the head thereof neither did lacke a ruler for so much as it was gouerned by the Presidents other officers and that no mention shoulde be made of any pestilence in such case seing that vnto stout strong men death is not to be feared neither can any thing daunt or feare theÌ„ which contend for the Christian fayth As for that pestileÌ„ce which doth now encrease and grow in the City forasmuch as iudgement is now geuen it is to be hoped that it wyll asswage which was thought to haue come for the neglecting of iustice Also that in so doubtful a matter they ought rather to vse the princes agaynst theyr will then to neglect them and that it is not be feared but that in this case God will helpe those that are stoute valiaunt The matter being thus discussed amongest them albeit that there was as many mindes as there was men yet it seemed vnto them all that it was most profitable to choose the Byshop by and by but most honest to deferre it Hereupon Iohn Segouius a man of excellent learning sayd Most reuerend fathers I am diuersly drawne by sundry reasons to this side and that But as I way the matter more deeply in my minde this is my opinion that to come to a speedy election it seemeth good to speake after mans iudgement but to delay it for two moneths to speak after Gods iudgement it seemeth much better I do iudge that not onely the wordes but also the meaning of our decree ought to be obserued Wherefore if ye will geue any credite vnto me folow rather daungerous honesty theÌ„ secure vtility albeit that in deede vtility cannot be discerned from honesty This opinion of delay took place among the Fathers and they determined to staye for the space of two monethes In the meane time messegers were sent vnto the princes to declare the deposition of Eugenius by the Synode and publish it abroad During this time the corrupt ayre was nothing at all purged but the mortality dayly encreasing many died and were sicke Whereupon a sodayne feare came vpon the fathers Neyther were they sufficiently aduised what they might do for they thought it not to be without daunger either to depart or to tary Notwithstanding they thought it good to tary also they caused other to tary that since they had ouercome famine and the assaults of theyr enemies on earth they would not seeme to shrinke for the persecutioÌ„ of any plague or sicknes But forsomuch as the could not all be kept there it was politickly prouided that the councell should not seme to be dissolued for any maÌ„s departure And for the more establishmeÌ„t of the matter there were certaine thinges read before the fathers which they called De stabilimento whose authority continued long time after When as the Dogge dayes were come and that all herbes withe red with heat the pestilence dayly encreased more more that it is incredible how many dyed It was to horrible to see the corses hourely caryed through the streetes when on euery side there was weeping wayling sighing There was no house voyd of mourning no myrth or laughter in no place but matrones bewayling their husbandes the husbandes theyr wiues Men women went through the streetes and durst not speake one vnto another Some taryed at home and other some that went abroad had perfumes to smell vnto to preserue them agaynst the plague The common people dyed without nuÌ„ber and like as in the cold Autumne the leaues of the trees do fall euen so did the youth of the City consume and fall away The violence of the disease was such that ye should haue met a maÌ„ mery in the street now and within x. houres heard that he had bene buryed The number of the dead corses was such also that they lacked place to bury them in in so much that all the Churchyards were digged vp and filled with dead corses great holes made in the Parish Churches wheras a great number of corses being thrust in together they couered them ouer with earth For which cause the fathers were so afraid that there appeared no bloud in their faces and specially the sodayne death of Lodouicus the Prothonotary did make all men afrayd who was a strong man florishing in age singularly learned in both lawes whoÌ„ the same enuious and raging sicknes tooke away in a few houres By and by after dyed Lodouicus the Patriarke of Aquileia a man of great age and brought vp alwayes in troubles and aduersity neither coulde he see the day of the Popes election which he had long wished for Notwtstanding he tooke partly a consolation in that he had
listed These thinges thus being done and the tumult ceased after three dayes Mahometes the Turke entreth into the Citie and first calling for the heades and auncientes of theÌ„ Citie such as he found to be left aliue he commaunded the to be mangled and â—ut in peeces It is also sayth my author reported that in the feastes of the Turks honest matrones and virgins and such as were of the kinges stocke after other coâ—umeties were he 〈◊〉 and cut in peeces for their disport And this was the end of that princely and famous 〈◊〉 of Constantinople beginning first by Constantinus and ending also with ConstaÌ„tinus which for the princely royalty therof was named and euer honoured from the time of the first Constantine equally with the City of Rome called also by the name thereof new Rome so continued the space of 1120. yeares I pray God that olde Rome may learne of new Rome to take heed and beware by tyme. This terrible destruction of the Citty of Constantinople the Queene of Cittyes I thought here to describe not so much to set forth the barbarous cruelty of these filthy rake hels and mercilesse murtherers as specially for this that we being admonished by the dolefull ruine and misery of these our euen christened may call to minde the plagues miseryes deserued whiche seeme to hang no lesse ouer our owne heades and thereby may learne betime to inuocate and call more earnestly vpon the name of our terrible and mercifull God that he for his sonnes sake will keepe vs preserue his church among vs and mitigate those plagues and sorrowes whiche we no lesse haue deserued then these aboue minded before vs. Christ graunt it Amen Ex hist. Wittenbergica Peucer The history of Reynold Peeocke Byshop of Chichester afflicted and imprisoned for the Gospell of Christ. AFter the death of Henry Chichisley before mentioned pag. 657. next succeeded Iohn Stafford an 1445. who continued 8. yeares After hym came Iohn Kempe ann 1453. who sate but three yeares Then succeeded Thomas Burschere In the time of which Archbishop fell the trouble of Reynold Pecocke Bishop of Chichester afflicted by the Popes Prelates for hys fayth and profession of the Gospell Of this Byshoppe Halle also in his Chronology toucheth a little mention declaring that an ouerthwart iudgement as he termeth it was geuen by the Fathers of the spiritualty agaynst him Thys man sayth he beganne to moue questions not priuatly but openly in the Uniuersityes concerning the Annates Peter pence and other iurisdictions and authorities perteyning to the sea of Rome and not onely put forth the questioÌ„s but declared his mind and opinion in the same wherefore he was for thys cause absured at Paules Crosse. Thus muche of hym wryteth Hall Of whom also recordeth Polychronycon but in few wordes This bishop first of S. Assaphe then of Chichester so long as Duke Humfrey lyued by whome he was promoted and much made of was quiet and safe and also bolde to dispute and to write hys mynde and wrote as Leland recordeth diuers bookes and treatises But after that good Duke was thus as ye haue heard made away this good man lacking his backstay was open to his enemies and matter soone found agaynst hym Wherupon he being complayned of and accused by priuy and malignant promoters vnto the Archbishop letters first were directed downe from the Archbishop to cite al men to appeare that could say any thing agaynst hym The forme of which citation here ensueth The copy of the Citation sent by the Archbyshoppe THomas by the permission of God Archb. of Canterbury primate of all England and Legate of the Apostolicke Sea to all and singuler Parsons Vicares Chaplaynes Curates not Curates Clerkes and learned men whatsoeuer they be constitute ordeined in any place throughout our prouince of Caunterbury health grace and benediction We haue receiued a greeuous complaint of our reuerend felow brother Reynold Pecocke Byshop of Chichester conteyning in it that albeit our sayd reuerend felow brother the Byshop deliuered vnto vs certayne bookes written by him in the English tongue by vs and our authority to be examined corrected reformed and allowed notwithstanding many the examination and reformation of the sayde bookes depending and remayning before vs vndiscussed haue openly preached and taught at Paules crosse in London and in diuers other places of our prouince of Canterbury that our sayd felow brother the Byshop hath propouÌ„ded made and written or caused to be writen in the sayde bookes certayne conclusions repugnaunt to the true fayth and that he doth obstynately hold and defend the same By the pretence of which preaching and teaching the state good name and fame of the sayd Lord Reynolde the Byshoppe are greeuously offended and hurt and he and his opinion maruellously burdened Wherefore we charge you all together and seuerally apart do commaund you firmely enioyning you that openly and generally you doe warne or cause to bee warned all and singular such persons whiche will obiect any thing contrary and agaynst the conclusions of our sayd reuereÌ„d felow brother the Bishop had or conteined in his bookes or writings that the 20. day after such monition or warning had they do freely of theyr own accord appeare before vs and our Commissaryes in this behalfe appoynted wheresoeuer we shall then be in our Citty Dioces or prouince of Canterbury to speake propound alledge and affirme fully sufficiently in writinge whatsoeuer hereticall or erroneous matter they wil speak propound or obiect agaynst the sayde conclusions conteyned in his sayde bookes and both to satisfye and receiue whatsoeuer shall seeme meete and right in this behalfe by the holy institutions and ordinaunces And for so muche as this matter depending yet vndetermined and vndiscussed nothing ought to be attempted or renewed we charge you that by this our authority you inhibite and forbid all and euery one so to preach and teach hereafter Vnto whom also we by the the tenour of these presents do likewise forbid that during the examination of the conclusions and bookes aforesayde depending before vs and our Commissaryes vndiscussed they do not presume by any meanes without good aduise and iudgemeÌ„t to preach iudge and affirme any thing to the preiudice or offeÌ„ce of the sayd Lord Reynold the Byshop and if so be you do finde any in this behalfe gayne saying or not obeying this our inhibitioÌ„ that you do cite or cause theÌ„ peremptorily to be cited to appeare before vs or our Commissaryes in this behalfe appoynted the 10 day after theyr citation if it be a courte day or els the next courte day following wheresoeuer we shall then be in our City Dioces or prouince of Canterbury to make further declaration by form of law of the cause of their disobedieÌ„ce to receiue such punishment as iustice and equity shall determine in that behalfe that by your leters you do duely certify vs or our Commissaries what you haue