Also the conclusions, which by the same William were first openly taught and preached, and afterwards abjured and revoked, as is

THE STORY OF WILLIAM SWINDERBY. 111 11

II. Also the conclusions, which by the same William were first openly taught and preached, and afterwards abjured and revoked, as is

aforesaid, are contained before in the process of the bishop of Lincoln, even as they be there written word by word. And for the cases and articles, they were consequently exhibited by the beforenamed faithful christian people against the said William Swinderby, together with the conclusions before said, and hereafter written: of which cases and articles the tenor here ensueth. [See the Eleven Articles at p. 107, pp.

113-116, and p. 133.]

III.

Item,

The said William, contrary to the former revocation and abjuration, not converting to repentance, but perverted from ill to worse, and given up to a reprobate sense, came into your diocese;

where, runnmg about in sundry places, he hath presumed to preach, or rather to pervert and to teach, of his own rashness, many heretical, erroneous, blasphemous, and other slanderous things contrary and repugnant to the sacred canons, and the determination of the holy catholic church. What those things were, at what place and what time, shall hereafter more particularly be declared.

IV.

Item,

The same William, notwithstanding your commandments and admonitions sealed with your seal, and to all the curates of your

diocese directed, containing amongst other things that no person of what state, degree, or condition soever he were, should presume to preach or to teach, or expound the holy Scripture to the people, either in hallowed or profane places within your diocese, without sufficient authority, by any manner or pretense that could be sought, as in the same your letters monitory, and of inhibition, the tenor whereof, hereafter ensueth, is more largely contained; which letters the same William did receive into his hands, and did read them word by word in the town of Monmouth of your diocese, in the year of our Lord 1390, so that these your letters, and the contents thereof, came to the true and undoubted knowledge of the same William; yet, notwithstanding, hath the same William presumed in divers places and times to preach within the same your diocese, after and against your commandment aforesaid.

THE TENOR OF THE SAME LETTERS BEFORE MENTIONED FOLLOWETH, AND IS THIS:

John, by the sufferance of God bishop of Hereford, to the dean and chapter of our church of Hereford, and to all and singular abbots, priors, provosts, deans rural, parsons and vicars of monasteries, priories, churches, colleges, and parishes, and to others having cure of souls within the city and diocese of Hereford, and to all and every other being within the same city and diocese, greeting, grace, and blessing. Forasmuch as the golden laurel of teaching doctoral is not from above indifferently every man’s gift; neither is the office of preaching granted save to such as are called, and especially by the church admitted thereunto: we do admonish and require you, all and singular clerks aforesaid, and do straitly enjoin you all, in the virtue of holy obedience, that neither you nor any of you do admit any man to preach or to teach the catholic faith, saving such as the same office of preaching shall, by the authority apostolical, or else your bishop, be specially committed unto; but that as much as in you shall lie, you do by word and deed labor to let those that would attempt the contrary. And you, lords, ladies, knights, barons, esquires, and all, and singular persons, of what estate, degree, pre-eminence, or condition soever ye be, remaining within

the city and diocese of Hereford, we do beseech and exhort in our Lord, that, following the words of our Savior, you beware of the leaven of the Pharisees.

Item,

According to the saying of the apostle, “Be not ye carried away with divers and strange doctrines;” and that in the

meanwhile, as saith the apostle, you be not removed from the sense of the holy ancient fathers, lest that any man by any means should seduce you; but you, agreeing together in one mind, see that you honor God with one mouth. But if any men to whom that thing is not speciailly, as is aforesaid, committed, shall attempt to instruct, or in this your life to direct you into the catholic faith, do ye deny to give them audience, and refuse you to be present at their assemblies, and shun ye their teachings, because they be wicked and perverse. And as for us, we will not omit to proceed, according to the sacred canons and precepts of the holy fathers, against such as do the contrary.

Dated at London, in the house of our habitation, under our seal, the last day save one of December, in the year of our Lord 1389, and, of our consecration, the first.

V.

Item,

The same William, in his preaching to the people on Monday the first of August, in the year of our Lord 1390, in the parish of Whitney of your diocese, did hold and affirm, that no prelate of the world, of what estate, preeminence or degree soever he were, having cure and charge of souls, he being in deadly sin, and hearing the confession of any under his hand, in giving him absolution, doth nothing: as who neither doth loose him from his sin, nor in correcting or excommunicating him for his demerits, cloth bind him by his

sentence, except the prelate shall be free himself from deadly sin, as St.

Peter was, to whom our Lord gave power to bind and loose.

VI.

Items

. The same William in many places said and affirmed, in the presence of many faithful christian people, that after the sacramental words uttered by the priest having the purpose to consecrate, there is not made the very body of Christ in the sacrament of the altar.

VII.

Item,

That accidents cannot be in the sacrament of the altar without a subject; and that there remaineth material bread there to such as be partakers, ‘concomitanter’¹⁵ with the body of Christ in the same sacrament.

VIII.

Item,

That aimest being in deadly sin, cannot be able by the strength of the sacramental words to make the body of Christ, or bring to perfection any other sacrament of the church, neither yet to minister it to the members of the church.

IX.

Item,

That all priests are of like power in all things,

notwithstanding that some of them in this world are of higher and greater honor, degree, or preeminence.

X.

Item,

That only contrition putteth away sin, if so be that a man shall be duly contrite; and that all auricular and outward confession is superfluous, and not requisite of necessity to salvation.

XI.

Item,

Inferior curates have not their power of binding and loosing mediately from the pope^114A or bishop, but immediately from Christ: and therefore neither the pope nor bishop can revoke to

themselves such kind of power, when they see time and place at their lust and pleasure.

XII.

Item,

That the pope cannot grant such kind of annual and yearly pardons, because there shall not be so many years to the day of judgment, as are in the pope’s bulls, or pardons contained: whereby it followeth, that the pardons are not of such like value as they speak of, and are praised to be.

XIII.

Item,

It is not in the pope’s power to grant to any person penitent, forgiveness of the punishment or of the fault.

XIV.

Item,

That person that giveth his alms to any, who in his judgment is not in necessity, doth sin in so giving it.

XV.

Item,

That it stands not in the power of any prelate, of what religion soever he be, privately to give letters for the benefit of his order, neither doth such benefit granted, profit them, to the salvation of their soul, to whom they be granted.

XVI.

Item,

That the same William, unmindful of his own salvation, hath, many and oftentimes, come into a certain desert wood, called Dervaldwood, of your diocese, and there, in a certain chapel not hallowed, or rather in a profane cottage, hath, in contempt of the keys, presumed of his own rashness to celebrate, nay rather to profanate.

XVII.

Item,

the same William hath also presumed to do such things in a certain profane chapel, being situate in the park of Newton, nigh to the town of Leintwarden, of the same your diocese.

Upon Friday, being the last of the month of June, in the year above said,¹⁶ about six of the clock, in the said parish church of

Bodenham, hath the said William Swinderby personally appeared before us. And he, willing to satisfy the term to him assigned, as before specified, hath read out word by word before all the multitude of faithful christian people, many answers made and placed by the same William in a certain paper-hook of the sheet folded into four parts to the said articles, and the same answers for sufficient hath he to us exhibited, avouching them to be agreeable to the law of Christ. Which thing being done, the same William

(without any more with him) did depart from our presence, because that we, at the instance of certain noble personages, had promised to the same William free access; that is, to wit, on that day for the exhibiting of those answers, and also free departing without prefixing of any term, or without citation, or else any other offense or harm in body or in goods.

As for the tenor of the same answers, exhibited unto them by the same William, as is before specified, we have hereunder annexed it word for word, and in the same old language used at that time, when it was exhibited. And it followeth in these words.

THE PROTESTATION OF WILLIAM SWINDERBY.

With his Answers to the Articles by the Promoters laid against him, to the Bishop of Hereford, taken out of the Registers in the same old English, wherein he wrote it.

In the name of God, amen. I William Swinderby, priest, vnworthy, couenting and purposing, wholie with all my hart, to be a true christian man, with open confession knowledging mine owne defaults and vnwise deedes; making openlie this protestation, cleping God to record here Before our wershipful bishop John, through the sufferance of God Bishop of Hereford, with witnesse of all this people, that it is not mine intent any thing to say or affirme, to maintaine or to defend, that is contrarie to holie writte, against the beliefe of holie church, or that shoulde offend the holie determination of Christe’s church, or the true sentences of holie doctors. And if I halle here before, through mine vncunning, been vnordered, or, by euill counsaile, bene deceiued, or anie thing saide, preached, holden, maintained, or taught, contrarie to the lawe of God, whollie and fullie for that time for now and euer with full will I reuoke it and withdraw it, as euerich christen man should: praying and beseeching eche christen man, to whom this writing shall come, that gif I ought erre (as God forbid that I doe), or euer erred in anie point, contrarie to holie writ, that it be had and holden of them, as for thing nought said. And all the trothes that I haue said according with ye law of God, that they maintaine them and stand by them, for life or death, to Gods worship, as a true christen man should, submitting me meeklie to the correction of our bishop that here is, or of any other christen man, after Christes lawes and belie writ; in will euer readie to be amended, and, with this protestation, I say and answere to these conclusions and articles that here followen after, the which bene put to me to aunswere to.

The first is this: That I William of Swinderby, pretending (he saith) my selfe a priest, was iudiciallie conuented of certaine

articles, and conclusions of error, false, schimaticke, and heresie, by me, in diuers places and times, preached (hee saith) before

multitudes of true christen men: and the same articles and conclusions, by need of law reuoked and forsworn, some as heresies, and some as errours and false: and such I affirmed and beleeued them to be. And that none of them from that time forth I should preach, teach, or affirme, openly or priuilie, ne that I should make no sermon to the people, ne preach but by lawfull leaue

asked and gotten. And if I would presume in doing or affirming the contrary, then to the seueritie of the lawe I should be buxom,¹⁷ as by nede of the lawe I swore.

To this I say, witnessing God that is in heauen to my wit and vnderstanding, that I neuer preached, held, ne taught, these conclusions and articles, the which falsly of friers were put vpon me, and of lecherous priestes to the bishop of Lincolne. For I was ordained by processe yersaid,¹⁸ of their law, by the bishop and his commissaries, so as I graunted them to bring my purgation of thirteen priestes of good fame. And so I did, with a letter, and twelve scales thereby, from the mayor of Leycester, and from true burgesses, and thirty men to witnesse with me, as the duke of Lancaster knew and heard, the earle of Darby, and other many great men that were that time in the towne, that I neuer said them, taught them, ne preached them. But when I should haue made my purgation, there stooden forth flue friers or moe, that some of them neuer saw me before, ne heard me, and three lecherous priestes openlie knowen, some lieuing in their lecherie twenty yeare (men sayden) or more, as, by their childer, was openly knowen. Some of these they clepinden denounciations, and some weren cleped cornprobations, that weren there falslie forsworne, they suing busilie and crying, with manie an other frier, with great instance to glue the dome vppon me, to hume me, and boughten drie wood before, as men tolden in that towne and these sleights, and swearing, and money gluing, as men saiden, with fanor of the bishop (by what laweI wot not, but sothly not by Gods law), they saiden, they held me as conuicted, and might not haue forth my purgation. So as I fullie forsooke them, and neuer granted that! said them. Ouer this they made me sweare neuer to hold them, teach them, ne preach them, priuilie ne apertlie: and that I would go to certaine churches to reuoke the conclusions which I neuer said, in sclaunder of my selfe, by great instance of the friers. And so for dred of death and for fleshlie counsell that I had,I assented, and so I did. And also they maden me to sweare, that I should not preach (by instance of the fliers) within that diocesse, withouten licence asked and granted, and neuer sithen I did. And now the same

conclusions bene rehearsed to me againe: vhether by friers counsell I will not deme, God wet, but in slaunder of me it is: and therefore I will answere now (with God’s helpe) to the conclusions, of the which the first is this: That men mowen asken thir debts by charitie, but in no maner for debt to imprison any man: and that hee so emprisoning, is accursed.”

So I said not; but thus I haue said, and yet say with protestation put before: That whoso pursues his brother with malice, prisoning him cruellie for debt without mercie that faine would pay it if he might: he sinneth against Christe’s teaching, ‘Estote misericordes, sient pater vester misericors est.’

The second conclusion that false friers and lecherous priests putten vpon me was this: That if the parochiens know her curate to bene a lechour, incontinent, and an euill man, they owen to withdraw from him tithe; and else they bene fautours of his sinnes.

Thus I said not, but on this wise, and yet I say with protestation put before: That if it be knowne openlie to the people, that parsons or curates come to their benefice by simonie, and liuen in notorie fornication, and done not their office and her duties to her parochiens by good ensample of holie life, in true preaching, liuing and residence, wending awaie from his cure, occupied in secular office, he owes nought to haue of the parochiens, tithes, ne offringes, ne hem owes not to holde him for their curate, ny hem owes not to geuen him tithes, lest they bin guiltie to God of consent and maintaining of her open sinne. Causa 1 quaest. 1 cap.

5. ‘Nemo militans deo, implicat se negotiis secularibus.’ 1 quest. 1 ca. Quisquis per pecuniam, and dist. 81. cap. 10. ‘Si quis.’

The third conclusion was this, that friers and priestes putten upon me: That tithes purely bene almesses: and in case that curates bene euill men, they mowen leefullie be giuen to other men by temporall lords, and other temporalties bene done away from men of the church actuallie and openlie trespassing. This I said not in these terms, but thus I sale with protestation made before: That it were medefull and leefull¹¹⁵ to secular lords by waie of charitie and power geuen to hem of God—in default of prelates that amend not

by Gods lawe cursed curates that openlie misusen the goods of holy church that ben poor mens goods, and customablie against the law of God, (the which poore men lordes ben holden to maintaine and defend)—to take away and withdrawe from such curates poore mens goods, the which they wrongfullie holden, in helpe of the poore, and their owne wilful offeringes, and their bodily alines deeds, and geue them to such that dulie serue God in ye church and beene needy, in vpbearing of the charge that prelats shoulden doe, and done it not. ‘Alter alterius onera portate, et sic adimplebitis legem Christi.’ And as anentes taking awaie of temporalities I say thus with protestation made before: That it is leefull to kings, princes, dukes, and lordes of the worlde, to take awaie fro popes, cardinals, fro bishops and prelates, possessions in the church, their temporalties, and their almes that they halle giuen them vpon condition they shoulden serue God the better, vhen they verelie sene that their gluing and their taking bene contrarie to the lawe of God, to Christes liuing and his apostles: and namelie in that, that they taken vppon them (that shoulden be next followers of Christ and his apostles in poorenesse and meeknesse) to be secular lords:

against the teaching of Christ and saint Peter. Luc. 22:‘Reges gentium.’ Et I Pet. 5 ‘Neque, dominantes in clero.’ And namelie when such temporalties maken them the more proud, both in heart and in araie, then they shoulden bene else, more in strife and debate against peace and chafftie, and in euill ensample to the world more to be occupied in worldly businesse: ‘Omnem solicitudinem proiicientes in eum;’ and drawes them from the seruice of God, from edifying of Christes church, in empouerishing and making lesse the state and the power of kinges, princes, dukes, and lords that God hath set them in; in wrongfull oppression of commons for vnmightfulnesse of realmes. For Paul saith to men of the church (vhose lore, prelates shoulden soueraignlie followen), ‘Habentes victum et vestitum, hiis contenti simus.’ The fourth conclusion is this, that friers and priests putten vpon me falselie: That an euill curate cursing his soget for withholding of tithes, is naught else, but to take with extortion wickedlie and vndulie money from them.

Thus said I not, but thus I snide, and yet doe with protestation made before: That an euill curate cursing his parochiens, vnmightie