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473 [449]

K. Richard. 2. The aunswere of W. Swinderby to the proces.

ding and loosing mediatly from the Pope or the byshop, but immediately from Christ. And therfore, neither can þe pope nor bishop, reuoke to themselues such kynd of power, when they see tyme and place at their lust and pleasure.

12 Item, that the pope cannot graunt such kynd of annual and yerely pardons, because there shall not be so many yeres to the day of iudgement, as are in the Popes bulles or pardons conteyned. Wherby it followeth, that the pardons are not of such like value as they speake of, and praysed to be.

13 Item, it is not in the Popes power to graunt vnto any person penitent, forgeuenesse of the punishment or of the faulte.

14 Item, that person that geueth hys almes to any, which in hys iudgement is not in necessitie, doth sinne in so geuyng it.

15 Item, that it standes not in the power of any Prelate, of what religion soeuer he be of, priuately to geue letters for the benefite of his order, neither doth such benefite graunted, profite them to the saluation of their soule, to whō they be graunted.

16 Item, that the same William vnmyndfull of hys owne saluation, hath many and oftentymes come into a certain desert wood, called Derualdwood of your diocesse, and there in a certaine chappell not hallowed, or rather in a prophane cotage: hath in contempt of the keyes presumed of hys owne rashnes to celebrate, nay rather to prophanate.

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17 Item, the same William hath also presumed to doe such thinges in a certayne prophane chappel beyng situate in the parke of Newton nigh to the towne of Leyntwardin of the same your dioces.

¶ Vpon Friday beyng the last of the moneth of Iune, in the yeare abouesayd, about 6. of the clocke, in the sayde parish church of Bodenhon, hath the sayd William Swinderby, personally appeared before vs. And he willing to satisfie the terme to hym assigned as is before specified, hath reade out, word by word, before all the multitude of faithful christian people, many aunswers made and placed by the same William (in a certain paper booke of the shete folded into foure parts) to the sayd articles, and the same aunswers for sufficient hath he really to vs exhibited: aduouching them to be agreable to the lawe of Christ. Which thyng beyng done, the same William (without any mo with hym) dyd depart from our presence, because that we, at the instaunce of certain noble personages, had promised to the same William free accesse, that is to wit, on that day for the exhibityng of those aunswers, and also free departyng wythout prefixing of any terme, or without citatiō, or els any other offence or harme in body or in goodes.

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¶ As for the tenour of the same aunswers, exhibited vnto them by the same William, as is before specified: we haue here vnder annexed word for word, and in his the same old language, vsed at that tyme, when it was exhibited. And followeth in these wordes.

¶ The protestation of W. Swinderby with hys aunswers to the articles by the promoters, layd against him to the bishop of Herforde, taken out of the Registers in the same olde Englishe wherin he wrote it.

MarginaliaThe protestation of W. Swinderby with his aunsweres. IN the name of God Amen.  

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Swinderby's answer to the charges to the articles against him is taken from Trefnant's register; see Registrum Johannis Trefnant Episcopi Herefordensis, ed. W. W. Capes, Canterbury and York Society 20 (London, 1916), pp. 237-51.

I William Swinderby Prieste vnworthy, couenting and purposing wholy with all my hart to be a true christian man, with open confession knowledgiyg myne owne defaultes and vnwyse deedes: makyng openly this protestation, clepyng God to record here before our worshipfull bishop Iohn, through the sufferance of god bishop of Hereford, with witnesse of all this people: that it is not myne entent any thing to say or affirme, to maintaine or to defend, that is, contrary to holy writ, against the belief of holy church, or that should offend the holy determination of Christes Church, or the true sentences of holy doctors. And if I haue here before through mine vncunnyng, bene vnordred, or by euill counsaile bene deceyued, or any thyng sayd, preached, holden, mainteyned or taught, contrary to the law of God: wholy and fully for that tyme 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 writyng shall come to, that gif I ought erre (as God forbid that I do) or euer erred in any point, contrary to holy writ, that it be had and holden of them, as for thing nought sayd. And all the trothes that I haue sayd accordyng with the law of God, that they maintayne them, and stand by them for life or death to gods wor ship, as true christen men should, submitting me meekely to the correction of our Bishop that here is, or of any other christen man, after christes lawes and holy writ: In wil euer redy to be amended, and with this protestation I say & answer to these conclusions and articles that here followen after, the which bene put to me to aunswer to.

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Marginalia1. Obiection. The first is this: that I William of Swinderby pretendyng (he sayth) my selfe a priest, was iudicially conuented of certayn articles, and conclusions of errour, false, schismaticke, and heresie, by me in diuers places and tymes preached (he sayth) before multitudes of the true christen men: & the same articles and conclusions by nede of law reuoked & forsworne some as heresies, and some as errours and false: and such I affirmed and beleued them to be. And that none of them from that tyme forth I should preach, teach or affirme, opēly or priuily, 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 doyng or affirming the contrary then to the seueritie of the law, I should be buxom,  

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I.e., obedient, submissive.

as by nede of the law I swore.

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To this I say, witnessing God that is in heauen, to my wit and vnderstanding, that I neuer preached, helde ne taught these conclusions and articles, the which falsely of Friers were put vpon me, and of lecherous priestes to the Byshop of Lincolne. For I was ordeyned by processeMarginalia* Yer sayd that is, beforesayd. * yer sayd,  

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I.e., before, aforesaid.

of their law, by the Byshop and his commissaries,MarginaliaWitnesses wyth W. Swinderby 13. priestes & 30. other wyth the letter of the mayor of Leycester, and Burgeses with 12. seales. so as I graunted them to bring my purgation of 13. Priestes of good fame. And so I did, with a letter, & xij seales therby, from the Mayor of Leycester, and from true Burgeses and xxx. men to witnes wyth me, as the Duke of Lancaster knew and heard, the Earle of Darby, and other many great men that werne that tyme in the towne, that I neuer sayd them, taught them, ne preached them. But when I should haue made my purgation, there stooden forth fiue friers or moe, that some of them neuer sawe me before, ne heard me, and three lecherous priestes openly knowen, some lyuyig in their lechery twenty yeare (men sayden) or more, as by their childer was openly knowen.MarginaliaThe chastitie of Votaries to be noted. Some of these they clepinden, denounciations, and some weren clepped comprobations, that weren there falsely forsworne, they suyng busily and crying with many an other Frier, with great instance to geue the dome vpō me, to burne me: and boughten dry wood before, as men tolden in that towne: and these sleightes, and swearing, and money geuing as men saiden, wt fauour of the byshop (by what law I wot not, but sothly not by Gods law) they sayden they helde me as conuicted, and might not haue forth my purgation. So as I fully forsooke them, and neuer graunted that I sayd them. Ouer this they made me sweare neuer to holde them, teach them, ne preach them, priuely ne apertly: and that I would goe to certayne Churches to reuoke the conclusions that I neuer sayd, in sclaunder of my selfe, by great instance of the Friers. And so for dred of death and for fleshly 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 Friers) within that diocesse, withouten licence asked & graūted, and neuer sithen I did. And now the same conclusions bene rehearsed to me againe: whether by Friers counsell I will not deme, God wot, but in sclaunder of me it is: and therfore I will aunswere now (with Gods helpe) to the conclusions. Of the which the first is this.

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Marginalia1. Conclusion. That men mowen asken their debts by charitie, but in no maner for debt to enprison any man: and that he so emprisoning, is accursed.

MarginaliaAunswere.
How det is to be pursued.
So sayd I not: but thus I haue sayd, and yet say with protestation put before: that who so pursues hys brother wyth malice, prisoneth him cruelly for debt wythout mercy that faine would pay it if he might: he sinneth agaynst Christes teaching, estote misericordes, sicut pater vester misericors est.

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Marginalia2. Conclusion. The 2. conclusion, that false friers and lecherous priestes putten vpon me was this: that if the parochiens  

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I.e., their parishioners.

known her curate to bene a lechour, incontinent, and an euill man: they owen to withdraw from hym tithe, and els they bene fautors of his sinnes.MarginaliaAunswere.

Thus I sayd not, but on this wyse, and yet I say with protestation put before: that if it be knowen openly to the people, that persons or Curates come to her benefice by simony, and liuen in notory fornication, and done not their offce and her dueties to her parochiens by good ensample of holy lyfe, in true preaching, lyuing and residence, wendyng away frō 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 her Curate, ny hem owes not to geuen him tithes, lest they bene gyltie to GOD of consent and mainteining of her open sinne. Nemo militans deo, implicat

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so
Qq.iij.