* Here we fayle in, our Copy till the Register come to our handes agayne.  

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This is another indication that Foxe was working from a copy of Trefnant's register. Apparently he had a copy made for himself because he states that at one time the original had been in his hands. Presumably the original was sent to him but had to be returned. The gap in the copy was substantial; Foxe summarises the material until well into Swinderby's second defence to Trefnant. The missing material can be found in Registrum Johannis Trefnant Episcopis, ed. W. W. Capes, Canterbury and York Society 20 (London, 1916), pp. 255-64. It consists of another failure of Swinderby to appear, a mandate from Trefnant ordering Swinderby to appear, and a plea from Swinderby's supporters.

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by the dore  

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Foxe picks up in Swiderby's second defence of the articles charged against him. This material is taken from the register of Bishop Trefnant; see Registrum Johannis Trefnant Episcopis Herefordensis, ed. W. W. Capes, Canterbury and York Society 20 (London, 1916), pp. 264-70.

Marginalia2. Conclu.☞ To the secōd cōclusion that he saien is errour or heresie, that toucheth taking away of the temporalties and of Lordships of priestes that ben euill liuers:

MarginaliaDeclaratiō.I say me semeth that the conclusiō is trew, and is this: that it were medefull and lefull to seculare Lordes by waye of charitie, and by power giuen to them of God, in default of prelates that amend naught by God law: cursed Curates, that openly misuse the goodes of holy churche, that ben poore mens goodes: and customable ayens the law of God (the whiche poore men, Lordes ben holden to maintaine and to defend) to take away and to drawe from such curates poore mens goodes in helpe of the poore, and their owne wilfull offringes, and their bodily almes dedes of worldly goodes, and giue thē to such as duely seruen God in the churche: and ben redy in vp bering of the charge that prelates shoulden do and done it not. And as anentes takyng awaye of temporalties: MarginaliaEuery gifte geuen vpon condition is frustrate vpon the breache of euery suche condition.I say thus, that it is lefull to Kings, to Princes, to Dukes, and to Lordes of the world, to take away from Popes, from Cardinals, from Bishops, prelates, and possessioners in the churche, their temporalties, and their almes that they haue giuen them vpon condition, that they shoulden serue God the better: whē they verily seen that their giuing and takyng ben cōtrary to the law of God, contrary to Christes liuyng, and his Apostels, and namely in that that they taken vpon them, that they shoulden be next folowers of Christ and his Apostels, in poorenes and mekenes, to be secular Lordes against the teachyng of Christ, & of S. Peter. Truly me semeth that all Christen men, and namely priestes shoulden take kepe, that their doing were accordyng with the law of God, either the old law, ether the new. The priestes of the olde lawe werne forbidden, to haue Lordshyps among their bretherne: for God sayd, that he would be their parte & their heritage. And Christ that was the higest priest of the new Testament, forsoke worldly Lorshyp, and was here in fourme of a seruaunt, and forbad his priestes such Lordships, and saide, Reges gentium dominantur eorum &c. vos autem non sic. That is. The kynges of the heathen, beare dominion and rule &c. But you shall not doo so. And as S. Peter saythe. Neque dominantes in clero &c. Not bearing rule and dominion ouer the clergy. &c. So it semeth me: that is is agaynst both lawes of God, that they haue such Lordshyps, and that their titell to such Lordshyps is not full good: And so it semeth me, that zif they ben thereto of euill liuyng, it is not great perill to take awaye from them, such Lordshyps but rather medefull, if the takyng awaye were in charitie, and not for singular couetousnes ne wrath. MarginaliaIf the pope may take frō the Friers to cause them kepe S. Fraunces rule, may not the emperor take from the pope to cause hym kepe christs rule.And I suppose that if Friers, that be bounden to their foūders, to liue in pouertie, would breake their rule and take worldly Lordships: might not mē lawfully take from thē such Lordships, & make thē to liue in pouertie as their rule would? And forsoth it semeth me, that priestes oughten allso wel to kepe Christes rule, as Friars own to kepe the rule of their foundar. Ieremy witnesseth, how God commended Rachabs children, for they would not breake their faders bidding in drincking of wyne. And yet Ieremy profered them wine to drincke. And so I trow, þ^t God would comende his priestes, if they woulden forsake worldly Lordships, and holden them a payde with lifelot, & with clothing: and busie them fast about their heritage of heauen. And God sayth. Numeri 18. In terra eorum nihil possi debitis, nec tenebitis partem inter eos: Ego pars & hæreditas vestra in medio filiorum Israel &c. Et Deut. 18. Non habebitis sacerdotes et Leuite et omnes qui de eadem tribuestis, partem et haæreditatem cum reliquo Israel, quia Sacrificia domini et oblationes eius comedent, et nihil accipient de possessione fratrum suorum. Dominus enim ipse est haæreditas ipsorum, sicut locutus est illis. Et Lucæ 14. Sic ergo omnis ex vobis, qui non renunciauerit omnibus quæ possidet, non potest meus esse discipulus. Et Ieronymus in Epistola 34 Et Barnardus libro 20. ad Eugeniū Papam. Et Hugo de Sacramentis, parte 2 libri Secundi, cap. vij. Et 12. q. pri. cap. duo sunt: Et ca. clericus. Et Bernardus in Sermone de Apostolis, super illud. Ecce nos reliquimus omnia. Et Chrysost. Super Math. et vetus testamentum. That is. You shall haue no inheritaunce in their lande, nor haue no part amongest them: I wilbe your parte and inheritaunce amongest the children of Israell &c. Deut. 18. The priestes and Leuites, and all that be of the same tribe shall haue no part nor inheritaunce with the rest of Israell: because they shall eate the sacrifices of the Lord and hys oblations, and they shall take nothyng of the possession of their brethren. The Lorde him selfe is their possession, as he spake vnto them. And the 14. chap. of Luke: Euen so euery one of you, whiche forsaketh not all that he possesseth, cānot be my disciple. And Ierome in his 34. Epistle hath the like wordes. And Bernard in his 20. booke to Eugenius the pope. And also Hugo in his booke De sacramentis, the second part of his second booke the. 7. chap. Also in the 12. q. first, chap. Duo sunt, & in the chap. Clericus. And agayne, Bernard in his booke De sermone de Apostolis, vpō this place: Ecce nos reliquinus oīa. Behold we leaue all &c. & Chrisost. vpon the Gospell of S. Math. &c.

Marginalia3. Conclusion☞ The third conclusion toucheth the matter of preachyng of priestes, withouten leaue of Bishops, & is this that such trew priestes may counsell sinnefull men: that shewen to them their sinnes, after the witte and coning that god hath giuen, to tourne hem from sinne to vertuous lyfe, and as touchyng preachyng of the Gospell.

MarginaliaDeclarationI say, that no Byshop oweth to let a trew priest, that God hath giffen grace, witte & conning to do that office. For both priestes and deacons that God hath ordeyned deacons or priestes, ben holden by power giuen to them of God, to preach to the people the Gospel: and namely, & souerēly popes, bishops, prelates and curates: for this is dew to the people and the parisheners, to haue it & aske it. And hereto seemeth me, that Christ sayd generally to his disciples: Ite et predicate euangeliū omni creaturæ, Go & preach the gospel to all creatures, as wel as he said Ite et baptizate omnes gentes, Go and baptise all nations, þ^t also as well lōgeth preachyng to priests without leaue of a byshop as doth baptising: MarginaliaA priest admitted, ought to preach, though the prince and bishop forbid, so that he prech the worde.and then why may he not preach Gods worde withouten a Byshops leaue. And sithen Christ had his priestes preache, who should forbidden them preachyng? The Apostels were forbidden of a Bishop at Ierusalem to speake more of the name of Iesus, but Peter sayd: Si iustum est in conspectu dei, vos potius audiri quam dominum iudicate. That is. Whether it be iust in the sight of God to heare and obeye you before the Lord: be your selues Iudges. A Byshop may not let a priest of geuing bodily almes in his dioces: much more may he not let the doing of spirituall almes in his dioces by Gods law. A priest may say his mattins withouten þ^e Bishops leaue: for the Pope that is aboue the Byshop, hath charged priestes therewith: And me thincketh that Christes biddyng should be all so much of charge as the popes. Math. 10. Eūtes autem prædicate, Ite ecce ego mitto vos. Et Mar. 16. Euntes in mundū vniuersum &c. Lucæ 10. Et Anacletus pap. dis. 21. cap. In nouo Testamēto. Et Beda super illud: Messis quidē multra. Et Isodorus de summo bono, ca. 44. Et Gregorius in canone dis. 43. Preconis quippe officium suscipit &c. et Chrisost. dis. 34. Nolite timere. Et Aug. dis. 34. ca. quisquis. et Gregorius in suo pastorali. ca. 38. qui enim est. Et Chrisost. om 31. et in Tollitano cōcilio: Ignorātia. et Aug. in prologo sermonum suorum, et Ieronimus dis. 9. Ecce ego. Et Aug. super id: Homo quidam peregrinus That is. Go you forth and preach. And agayne: Behold,