and articles denied by the sayd Williā, to be proued by faythfull witnesses and other lawful trials agaynst the sayd William. And to receiue for his false, hereticall, erroneous, and schismaticall doctrine that iustice shal appoint, or els to shew causes why the premisses should not be done.

And if the sayd William lyeth priuely, or els can not be so cited in his proper person: we will that in your Churches, when most people shall then come together to diuine seruice, you openly with a loude voyce, and that may be vnderstanded, cause the sayd William paremtorily to be cited vnto the premisses: certefieng the same William, that whether he shall appeare the day and place appointed or no, we notwithstādyng will procede vnto the premisses agaynst the sayd William accordyng to the canonicall decrees by forme of law, in the absence or contumacy of the sayd William notwithstandyng. We will moreouer if the sayd William shall appeare at the sayd day and place as is aforesayd before vs, frendly heare him, and honestly and fauourably, as farre as we may with Gods leaue, deale with him: grauntyng free licence to come and to go for his naturall libertie without any hurt either in body or goodes. And see that you fully certifie vs of the thynges 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: geuyng also faythfully to the sayd William, or to his lawfull Proctor, if he require it, a copy 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.

MarginaliaThe first sitting against W. Swinderby.
1391. On Thursday, the. xx. of Iuly, in þ^e yeare of the lord aforesayd: We in the parish church of North Lydebury aforesayd, about. vj. of the clocke, sittyng 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, whereto he was afore cited, & to do otherwise 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 certaine schedule of paper, made like an indenture vnto vs to excuse him. After which schedule sene, read, and with ripe deliberation wayed, and in any wise notwithstanding, we adiudged the sayd William, after he was often called, and lōg euen to the due houre taried for, & by no meanes appearing: worthely for his obstinacie, and for his stubburnnes 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 such articles, and otherwise to heare, receaue, and do as before is noted.

MarginaliaThe 2 setting agaynst W. Swinderby. Vpon Saterday beyng the. 29. of Iuly, and in the yeare of the Lord aforesayd, we Iohn by Gods permissiō the fore remembred Bishop, in the Church of Pontesbury, of our Dioces, at sixe of the cloke, or there about, sitting in iudgement: made the sayd William Swynderby to be openly called, that (as was to him appointed and assigned) he should appeare before vs, to aunswere to the foresaid articles more fully, and to declare the sayd articles, as the darkenes of his aunsweres did worthely require. And that the sayd William beyng called & long, for a due tyme looked for, did make no meanes to appeare: and so we pronounced him to be obstinate, and for his obstinatnes (to ouercome his malice, and of our excedyng fauour) thought good to appoint and dyd appoint the. viij. of August, then next followyng, at Cleobury Mortemere of the same our Dioces, vnto the sayd William, for the same thyng.

MarginaliaThe 3. sittyng agaynst W. Swinderby. Vpon Tewsday, the. viij. of August, the yeare aforesayd, I Iohn by Gods permission Byshop of Hereford aforesayd, in the Church of Cleobury Mortemere, about. vj. of the clocke, sitting in iudgement, caused the foresayd William Swynderby, to be called many times openly to do and receiue about the premisses, according to the appointment of the same day that iustice should aduise, which William did not appeare at all. Wherupō, we after that the sayd William was called, and often proclaymed, and long looked for but not appearing at all, did iudge him worthely (as of right appertained) obstinate: and for his obstinatnes, assigned him the xvi. day of the same moneth of August next following, in the parishe Church of Whitborne of the same our dioces, to bryng forth, or to see brought forth, all lawes, muniments, and other kyndes of proofes, & to see also witnesses brought forth, admitted and sworne, by whom and which thynges we intend to proue the foresayd articles, or at least wyse some of the same.

MarginaliaThe 4 sittyng agaynst W. Swinderby. Vpon wednesday the xvj. day of the moneth of August, the yeare aforesayd: we Iohn the Byshop, in the parishe Church of Whitborn aforesayde of our dioces, sitting in iudgement, caused the sayd William Swinderby oftē times to be called, who (as is aforesayd) appeared not at all: whō after that he was so called, proclaymed, and long looked for, and yet by no meanes appearing, we pronounced 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 tyme against þ^e same William,MarginaliaOf this proces mention is made before pag. 447. before the reuerend father in God and Lord, Lord Iohn, by the grace of God, byshop of Lincolne, confirmed by the hanging on of the seale of the same reuerend father, the Lord Byshop of Lincolne. The tenour wherof worde for word is contayned before. And these faythfull Christians moreouer agaynst the obstinatenes of the sayd William Swynderby brought forth discrete men, M. William Leuiet, parson of the parish Church of Kyuersly, and also Edmunde Waterdon parishe Chapleine, of the Chappell of N. and Rogert Newton, and Hew 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 sayde William Swinderby we thought good to receiue and did receiue, and their othes to the holy Gospels of God beyng layd hands on corporally in our hand. And did diligently examine them in proper person seuerally in forme of law: whose sayinges & depositions are afterward brought in, and at the instance of þ^e same faythfull Christians, we assigned the second day of September then next folowing, to the said William Swinderby, to say and alledge agaynst the sayd proces, witnesses, and their sayinges, in the sayd Church of Whytborne: decreeing, that a copy should be made for hym of these thinges that were brought forth, and of the depositions of the witnesses.

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

Commentary     Close

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. Conclusion ☞ To the second conclusion that he saien is errour or heresie, that toucheth taking away of the temporalties and of Lordships of priestes that bene euill liuers:

MarginaliaDeclaration. I say me seemeth that the conclusiō is true, and is this: that it were medefull and leefull to seculare Lords by way of charitie, and by power geuen 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 which poore men, Lordes ben holden to maintaine and defend) to take away and to draw from such curates poore mens goodes in helpe of the poore, and their owne wilfull offringes, and their bodely almose dedes of worldly goodes, and geue them to such as duely seruen God in the Church: and ben ready in vpbearing of the charge that prelates shoulden do and done it not. And as anentes taking away of temporalties:MarginaliaEuery gift geuen vpon condition is frustrate vpon the breach of euery such conditiō. I say thus, that it is leefull to Kinges, to Princes, to Dukes, and to Lordes of the world, to take away from Popes, from Cardinals, frō Byshops, Prelates, and possessioners in the Church, their temporalties, and their almes that they haue geuen them vpon condition, that they shoulden serue God the better: whē they verily seen that their geuing and taking ben contrary to the law of God, contrary to Christes liuing, and his Apostles, and namely in that that they takē vpon them, that they shouldē be next folowers of Christ & his Apostles, in poorenes and mekenes, to be secular Lords against the teaching of Christ, and of S. Peter. Truely me seemeth 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 lawe werne forbidden, to haue Lordshippes amonge their bretherne: for God sayd, that he would be their parte and their heritage. And Christ that was the highest Priest of þ^e new Testament, forsooke worldly Lordshippe, and was here in fourme of a seruaunt, and forbad his Priestes such Lord-