11. Item, that no maner of person if he lyue against Gods law, &c. ibid.

12. Item, the same William agaynst the thinges premised, and hys reuocation and abiuration (not to hys hart cōuerting, but from euill to worse peruertyng) did turne aside into our dioces: where runnyng to and fro in diuers places, hath of hys owne rash head presumed to preach or rather to peruert, &c. pag. 451. col. 1.

13. Item, after that we had heard diuers rumours, and slaunders of very many, we directed diuers monitions and commaundementes comminatory, to be sent abroad by our Commissaries to sondry places of our dioces: that no person, of what estate, degree, or condicion so euer he were of, should presume to preach or to teach the sacred scripture to the people in places holy or prophane, within our dioces, &c. pag. 491. col. 1.

14 Item, that the same sort of monitions, inhibitions, and precepts confirmed by our seale, came to the true and vndoubted knowledge of the sayd William.

MarginaliaInfandum facinus scilicet. 15. Item, the same William vnmyndefull of his owne saluation hath sithens and agaynst those monitions, inhibitiōs, and preceptes and (that which is more abhominable to be spoken, in contempt of the high bishops dignitie, and to the slaūder and offence of many people, presumed, in diuers places of our sayd dioces, to preach or rather to peruert and to teach the forementioned, and other hereticall, erroneous and schismaticall deuises.

16. Item, the same William in preachyng to the people: on Monday, to wit, the first of August, in the yeare of our lord 1390. in the Church of Whitney in our dioces, held and affirmed: that no Prelate of the world, of what state, preheminence, or degree soeuer he were of, hauing cure of soule and beyng in deadly sinne. &c. pag. 451. col. 1.

MarginaliaA parilous doore to open. 17. Item, the same William in many placees sayd and affirmed in the presence of many faythfull Christian people, after the sacramentall wordes vttered by the priest, hauyng the intent to consecrate, there is not made þ^e very body of Christ in the sacrament of the Eucharist. pag. 451. col. 1.

18. Item, that accidencies cannot be in the sacrament of the aulter without their subiect: and that there remayneth material bread Concomitanter with the body of Christ in the sacrament. Vide supra, pag. 451.

19. Item, that a priest beyng in deadly sinne cannot by the power of the sacramentall wordes, make the body of Christ, &c. pag. 451.

20. Item, that all priestes are of lyke power in all poyntes, notwithstanding that some of thē are in this world of higher dignity, degre, or preheminence. pag. 451. col. 2.

21. Item, that contrition onely putteth away sinne, if a mā shall be duely contrite: and that all vocall confession and exercise, is superfluous, and not requisite of necessitie to saluation. Ibidem.

22. Item, that inferiour Curates haue not their power of bynding and loosing mediatly from the Pope or bishop, but immediately of Christ, &c. pag. 451. col. 2.

23. Item, that the pope cannot graunt such kynd of annuall pardons, because there shall not be so many yeares to the day of iudgement as is conteyned in the popes bulles or pardones. Whereby it followeth, that pardons are not so much worth as they are noysed and praysed to be. Ibid.

24. Item, that it is not in the popes power to graunt vnto any penitent body, forgeuenes of the payne or of the trespasse. pag. 452.

25 Item, that one geuyng his almes to any body which as he iudgeth hath no neede thereof, doth sinne in so geuyng it. pag. 452. col. 1.

26. Item, that it standes not in the power of any prelate, of what priuate religion soeuer he be, to geue by letters benefites of their order. Neither do such kynd of benefites geuen profite them to whom they be geuen for the saluation of soules. Vide supra. pag. 452. col. 1.

MarginaliaA foule fault forsoothe. 27. Item, that the same William vnmyndfull of his owne saluation, hath many tymes and often resorted to a certayne desert wood called Derwalswood of our dioces, and there in a certayne vnhallowed Chappell (nay a prophane cottage) hath presumed of his owne proper rashnesse, to celebrate, &c. pag. 452.

18. Item, the same William hath also presumed to doe the lyke thinges in a certayne prophane chappell, situate in the parke of Newton nigh to the towne of Leyntwardyn, in the same our dioces. pag. 452.

MarginaliaWalter Pride promoter, or rather a proud promoter. ¶ Which thynges beyng done, the same faythfull Christen people, and specially, sir Walter Pride the penitentiarie of our Cathedrall Church of Hereforde, personally appea ryng before vs, sittyng on our iudgement seate in the Parish Church of Whiteborne of our diocesse: brought foorth and exhibited, two publique instrumentes agaynst the same Walter Brute, in þ^e case of cursed heresie aforesayd, of which instrumentes here followeth the tenours and Articles in this sorte.  

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The 'instruments' which follow are affadavits by witnesses to various heretical words or actions of Brut; they are copied from Registrum Johannis Trefnant, Episcopi Herefordensis, ed. W. W. Capes, Canterbury and York Society(London, 1916), pp. 283-5.

MarginaliaThe first instrument exhibited by certaine Chanons of Herford, agaynst Walter Brute. In the name of God Amen. Be it euidently knowen to all persons by this presēt publike instrumēt: that in þ^e yeare frō þ^e incarnatiō, after the course and cōputation of þ^e church of England. 1391. the indiction xv. of the pontificall office of our most holy father and Lord in Christ, Lord Boniface the ix. by Gods wisedome Pope, the second yeare, the xv. day of the month of October, in the dwellyng house of the worshipfull man maister Iohn Godemoston, Chanon of the Cathedrall Church of Hereford, in the presence of me the publique Notary vnder written, and of witnesses subscribed: Walter Brute lay man learned, of Hereforde diocesse, personally appearyng, sayde, auouched, and stifly mainteyned: that the sayde Bishop of Hereforde and hys assistauntes, which were with hym the third day of the foresayd moneth of October, the yeare of our Lord aforesayd, in the Church of Hereford:MarginaliaB. of Herford vniustly condēned the articles of sir W. Swinderby. did naughtely, wickedly, peruersly, and vniustly condemne the aunswers of sir William Swinderby Chaplaine, geuen by the same sir William to the same Lord bishop in writyng, and also the articles ministred by the same sir William.

And furthermore he sayd, held, and aduouched, that the same conclusions geuen by the same sir Williā, euen as they were geuen, are true and catholike

MarginaliaMatters obiected agaynst Walter Brute. Item, as touchyng the matters obiected agaynst hym by them that stood by, concernyng the sacrament of the aulter: he sayd, that after the sacramentall wordes: there doth remaine very bread, and the substance therof after the consecration of the body of Christ, and that there do not remayne accidencies without substance or subiect after the consecration of the body of Christ. And touching this matter, the doctors hold diuers opinions.

MarginaliaThe pope Antichrist. Furthermore, as concerning the Pope, he said, held, and aduouched: that he is the very Antichrist, because that in life and maners he is contrary to the lawes, doctrines, & deedes of Christ our Lord.

All and euery of these thinges were done, euen as they be aboue writtē and rehersed in the yeare of our Lord, pontifical office, month, day, and place aforesayd, at supper tyme of the day aforenamed, thē and there beyng present the worshipfull and discrete men,

MarginaliaWitnesses agaynst Walter Brute. sir Walter Ramsbury, chief chanter of the sayd Cathedrall Churche of Hereforde, Roger Hoore Chanon of the same Church, Walter Wall, Chaplaine of þ^e said church of Hereford, beyng a vicar of þ^e Chorall, & certaine other witnesses worthy of credite, that were specially called and desired to the premisses. Ex Regist. Herford.

MarginaliaRichard Lee Register and writer hereof. And I Richard Lee Whelar, clerke of Worceter, beyng a publike notarie, by the authoritie Apostolike: was personally present at all and singuler the premisses, whilest that (as is before rehersed) they were done and a doyng, in the yere of our lord. 1391. pontifical office, moneth, day, place, and the houre aforesaid: & I did see, write, and heare all and singuler those things thus to be done, and haue reduced thē into this publike maner and forme: and beyng desired truely to testifie the premisses, haue sealed the sayd instrument, made hereupon, with mine accustomed seale and name.

MarginaliaThe forme of the second instrument. In the name of God, Amen. Be it plainly known to all persons, by this present publike instrument: that in the yere from the incarnation of our lord after the course and computation of the church of England. 1391. the indiction fiftene, in the 3. yere of the pontificall office of the most holy father in Christ, and our Lord, Lord Boniface Pope by the prouidence of God the 9. & in the 19. day of the month of Ianuary. Walter Brute layman, of Hereford dioces, personally appearing before the reuerend father in Christ and Lord, Lord Iohn by gods grace B. of Herford, in the presence of me beyng a publike notarie, & one of the witnesses vnder written:MarginaliaMatters and conclusions ministred agaynst Walter Brute. This conclusions seemeth to be falsely collected, as were before the articles of W. Swinderby. Did say, hold publish & affirme, the cōclusiōs hereafter written, þ^t is to say: that christen people are not boūd to pay tithes neither by the law of Moses nor by the law of Christ.  

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Foxe has a marginal note here claiming that this article is false. As Brut's later response will show, it is accurate, but Foxe did not want his godly proto-Protestant subverting the economic foundations of the Church of England and endangering the livelihood of its preachers.

Item, that is not lawfull for christians for any cause in any case, to sweare by the creator neither by the creature.  

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Although, in a marginal note, Foxe denounces this article as false, Brut's defence of his beliefs, will show that the chargewas not without foundation. The denial of the legitimacy of oaths characterized the Anabaptists and Foxe did not want his godly Lollards identified with Anabaptists.

MarginaliaThis conclusion also is not rightly gathered. Item, he confessed openly and of his owne accord: that within the same month of Ianuary, he did eate, drinke, and communicate with William Swinderby, not beyng ignoraunt of the sentence of the sayd reuerend father: whereby the same William Swinderby was pronounced an heretique, a schismatique, and a false seducer of the common people. Which cōclusions, the same reuerend father caused to be