to fight agaynst Pope Clement, mentioned before, pag. 545 Secondlye, the wrongfull condemnation of the Articles and conclusions of William Swinderby, the whole order whereof, in the processe here followyng more playnely may appeare.

IN the name of God, Amen,  

To all maner of faythful christian people that shall see and heare this our present proces, Iohn by the sufferaunce of God bishop of Hereford sendeth greetyng, and continual charitie in the Lord.MarginaliaMurdring harts lurking vnder louing wordes. We would that you all should know, that of late by many faythfull Christian people, and specially zealous followers of the Catholicke fayth, it was lamentably done vs to vnderstande by way of complaint: that a certayne sonne of ours goyng out of kynd, named Walter Brute lay person, learned, of our dioces, hath vnder a cloked shew of holynes, damnably seduced the people: and setting behynd hym the feare of God, doth seduce thē as much as he can, from day to day, informyng and teachyng openly and priuely, as well the nobles as the commons, in certayne conclusions hereticall, schismaticall, and erroneous and also heretofore condemned. And they haue also probably exhibited agaynst the same Walter, articles vnder written, in maner and forme as followeth.

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MarginaliaArticles denoūced agaynst W. Brute by priests and Friers. REuerend father and Lorde, we the faythfull people of Christ, and zealous louers of the catholike fayth, and also your humble and deuout children: do minister and exhibite to your reuerend fatherhood, the articles vnderwritten, touching the Catholike fayth, contrary and agaynst malicious persons, and detractours of the same fayth, and the determinations of holy mother church, and namely agaynst the child of Beliall, one Walter Brute, a false teacher and seducer amongst the people. Hūbly besechyng, that you would vouchsafe to haue regard to the correction of the enormities vnder written, accordyng vnto the Canonicall constitutions, euen as to your office pastorall doth lye and belong.

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MarginaliaThe first article. In primis, we do geue and exhibite, and entend to proue, that the same Walter Brute beyng vnmyndfull of hys saluation, hath bene by many and diuers faithfull Christian people sundry tymes accused of the cursednes of heresie: As by the swift report, slaunder, and rumour of the people, procedyng before the most reuerend father and Lord, Lord William Archb. of Caunterbury, and also before the reuerende father and Lord, Lord Iohn Late B. of Herford, your predecessour, and now bishop of S. Asse, hath bene testified, and also hath bene many and diuers tymes cited to answer vnto articles by hym agaynst the Catholike fayth aduowched, and openly and publiquely taught: But he in this matter of hereticall cursednes (so greuously and shamefully spoken of) hath neuer regarded to purge hys innocency, but lurkingly and runnyng into corners, hath many and sundry yeres laboured to aduance thinges erroneous, schismaticall, and also heresies, and to emprint them in the harts of faythfull people.

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Marginalia2. Article. Item, the foresayd Walter Brute hath openly, publikely, and notoriously auouched, and commonly sayd and taught and stubburnely affirmed: that euery Christen man (yea apriest.

Marginalia3. Article. Item, the same Walter hath notoriously, openly & publiquely aduouched and taught, that in the Sacramēt of the altar there is not the very body, but a signe and a memoriall onely.

Marginalia4. Article. Item, the foresayd Walter hath sayd commonly and aduouched, and also hath laboured to informe men and companyes, that no man is bounde to geue tythes, nor oblations: and if any man will needes geeue, he may geue hys tythes, and oblatyons to whom he will, excludyng therby their curates.

Marginalia5. Article. Item, that such as do preach and preferre croysed matters, and pardons (graunted by the high Byshop, to them þ^t helpe the purpose of the reuerend father Lord Henry by the grace of God Byshop of Norwich, when as he tooke his iournaye vpō him to fight for þ^e holy father the pope) are schismaticks and heretiques, and that the Pope cannot graunt such maner of pardons.

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Marginalia6. Article. Item, the sayd Walter hath oftentimes sayd, and commonlye aduouched, that the Pope is Antichrist, and a seducer of the people, and vtterly agaynst the lawe and lyfe of Christ.

Marginalia7 Article. Item, whereas of late your reuerence dyd (at the instāce of faythfull Christen people) proceede in forme of law against Willyam Swinderby, and that the sayd William Swinderby had vnto the sayd articles obiected agaynst him, geuen vp his answeres in writing, cōteyning in them errours, schismes and heresies, euen as you with the mature counsell of masters and doctors in diuinitie and other faculties haue determined and geuen sentence, and haue pronounced the same Willyam Swinderby to be an heretick, and a schismatick, and an erroneous teacher of the people: Neuertheles the forenamed Walter hath openly, publickly, and notoriously sayd, aduouched, and stubburnly affirmed, that the sayd Willyams aunsweres (whereof a notice hath beene geuen before,) are good, righteous and not able to be conuinced, in that that they conteyne none errour, and that your sentence before sayde, geuen agaynst the same Willyam, is euill, false, & vniust: And that you and your assistants haue wickedly, naughtely, peruersly, and vniustly condemned the answeres aforesayd.

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Now therupon immediately, those same faithfull christian peopleMarginaliaOtherwise bloudy promoters haue instantly required, that we would vouchsafe that other articles geuen by the same faithfull christiās against the said William Swinderby, together with þ^e writinges and aunswers of the same William therunto:MarginaliaThese conclusions & articles of W. Swinderby here repeted, and obiected to Walt. Brute are to be found before pag. 449. and 450. should be admitted against Walter Brute, mēcioned of in this matter of cursed heresie: of which Articles and answers, the tenours do follow in these wordes  

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In primis, that one William Swinderby pretendyng himselfe priest, was of certayne articles and conclusions erroneous, false, schismatical and heretical, by him preached, at diuers places & tymes, before a great multitude of faithfull Christians, iudicially conuinced: and the same Articles and conclusions did he (inforced by necessitie of law) reuoke and abiure, some as hereticall, and other as erroneous & false: and for such did he auouche them euer afterward promising so to take and beleue them & that from thenceforth he would openly or priuely preach, teach, or affirme none of them: nor that he should make sermon nor preach within your dioces without licence demaunded and obteyned. And in case he should to the contrary presume, by preachyng or auouching: that then he should be subiect to the seueritie of the Canons euen as he iudicially sware accordingly as the law inforced. Also the conclusions abiured by the sayd William do follow, and are such.

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1. In primis, that men by the rule of charitie, may demaund debtes, but by no meanes imprison any man for debtes: and that the partie so imprisoning a body, is excommunicated, before pag. 449.

2. Item, that if the parishioners shal know their curate to be incontinent and naughty: they ought to withdraw from hym their tithes, &c. pag. 449.

3. Item, that tithes are mere almosies, and in case that the curates shall be ill, they may be lawfully bestowed vpon others by the temporall owners, &c. pag, 450.

4 Item, that an euill curate to excommunicate any vnder hys iurisdiction for withholdyng of tithes, is nought els. &c. pag. 450.

5. Item, that no man may excommunicate any body, except that first he know him excommunicate of God: Neither do those that communicate with such a one, incurre the sentēce of excommunicacion by any manner of meanes. ibid.

6. Item, that euery Priest may absolue euery sinner beyng contrite, and is bounde to preache the Gospell vnto the people, notwithstandyng the prohibition of the Bishops. pag. 450.

7. Item, that a priest receiuyng by bargaine any thyng of yerely annuitie, is in so doing a schismaticke, and excommunicate. pag. 450.

8. Item, he doth assuredly beleue (as he auoucheth) that euery priest beyng in deadly sinne, if he dispose hymselfe to make the body of Christ, doth rather commit Idolatry then make Christes body. pag. 450.

9. Item, that no priest doth enter into any house, but to handle ill the wife, the daughter, or the mayde, and therfore, &c. pag. 450.

10. Item, that the child is not rightly baptised, if the priest, &c. Ibid.