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534 [510]

K. Henry. 4. Constitutions of the Archbyshop agaynst the Gospellers.

MarginaliaNo priest to celebrate wythout their letters of orders. of Canterbury, where he was not borne, or not receaued orders: except he bring wyth him hys letters of orders, and letters commendatory from his ordinary, and also from other Byshops in whose dioces of a long tyme he hath bene conuersaunt, wherby his conuersatiō and maners may apeare: So that it may be knowen, whether he hath bene diffamed with any new opiniōs touching þe catholique faith, or whether he be free from the same: otherwise, aswell he that celebrateth as he þt suffreth hym to celebrate, shalbe sharpely punished at the discretion of the Ordinarie.

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MarginaliaConst. 11. Finally, because those thynges which newly and vnaccustomably creepeth vp, standeth neede of new and spedie helpe: and where more daunger is, there ought to be more wary circumspection and stronger resistaunce, & not without good cause, þe lesse noble ought discretly to be cut away, that the more noble may the more perfectly be nourished: Considering therfore, and in lamentable wise shewing vnto you, how the auncient Vniuersitie of Oxford, which as a fruitfull vyne was wont to extēd forth her fruitful branches to the honor of God, the great perfection, and defence of the Church: MarginaliaOxford famous for syncere religion. now partly being become wylde, bryngeth forth bitter grapes, which being indiscretly eaten of auncient fathers that thought themselues skilfull in the lawe of God, hath set on edge þe teeth of their children: and our prouince is infected with diuers and vnfruitefull doctrines, and defiled wyth a new and damnable name of Lollardie, to the great reprofe and offence of the sayd Vniuersitie beyng knowen in foreine countryes, and to the great yrkesomenes of the studentes there, and to the great dammage and losse of the Church of England, which in times past by her vertue as wyth a strong wall, was wont to be defended, and now lyke to runne in ruine not to be recouered. At the supplication therfore of þe whole clergie of our prouince of Cāterbury, and by the consent and assent of all our brethren & suffraganes, and other the prelates in thys conuocation assembled, and the proctours of them that are absent: least the riuer being clensed, the fountayne should remayne corrupt, and so the water commyng from thence should not be pure, entendyng most holesomely to prouide for the honour and vtilitie of our holy mother the Church and the vniuersitie aforesayd: We do ordeine and decree, that euery Wardē, Prouost, or maister of euery College, or principall of euery hall within the vniuersitie aforesayd: MarginaliaInquisition to be made through Colledges and halles of Oxford shall once euery moneth at the least, diligently inquire in the sayd College, hall, or other place where he hath authoritie, whether any scholer or inhabitant in such colledge or hall. &c. haue holden, alleaged or defended, or by any meanes proponed, any conclusion, proposition, or opinion, concernyng the catholique faith, or sounding contrary to good maners, or contrary to the determination of the Church, otherwise then apperteineth to necessary doctrine. And if he shall finde any suspected or diffamed herein, he shall according to his office admonishe hym to desiste. And if after such monition geuen, the sayd partie offend agayne in the same or such lyke, he shall incurre Ipso facto (besides the penalties aforesayd) the sentence of greater excommunication. And neuertheles, if it be a scholer that so offendeth the second tyme, whatsoeuer he shall afterwardes doe in the sayd vniuersitie, shall not stand in effect. MarginaliaI would the like were vsed now for the banishing of papistry. And if he be a Doctour, a Master, or a Bacheler, he shall forthwyth be suspended from euery scholers acte, and in both cases shall lose the right that he hath in the sayd Colledge or hall wherof he is, Ipso facto: and by the Warden, Prouost, Maister, principal, or other to whom it apperteyneth, he shall be expelled, and a Catholique, by lawfull meanes forthwith placed in hys place. And if the sayde Wardens, Prouostes or Maisters of Colledges or principalles of halles, shall be negligent concerning the inquisition and execution of such persons suspected and diffamed by the space of x. dayes, from the tyme of the true or supposed knowledge of the publication of these presentes, that then they shall incurre the sentence of greater excommunication: and neuertheles shalbe depriued Ipso facto, of all the right which they pretend to haue in the Colledges halles, &c. and the sayd Colledges & halles. &c. to be effectually vacant: And after lawfull declaration hereof made by them to whom it shal apperteine, new Wardens, Prouostes, Maisters or principals, shalbe placed in their places, as hath bene accustomed in Colledges and halles, beyng vacant in the sayd vniuersitie. But if the Wardens themselues, Prouostes, Maisters or principals aforesayd, be suspected and diffamed of and concernyng the sayd conclusions or propositions, or be fauourers and defenders of such as do therein offend, and do not cease, beyng therof warned by vs, or by our authoritie, or by the ordinary of the place: that then by law they be depriued, aswell of all priuiledge scholasticall within the vniuersitie aforesayde, as also of their right and authoritie in such Colledge, hall, &c. Besides other penalties afore mentioned, and that they incurre the sayd sentence of greater excommunication.

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But if any man in any case of this present constitutionMarginalia Const. 12 or any other aboue expressed, do rashely, and wilfully presume to violate these our statutes in any part thereof (although there be an other penaltye expressely there limited) yet shall he be made altogether vnhable and vnworthy by þe space of three yeares after, without hope of pardon to obteyne any ecclesiasticall benefice within our prouince of C?terbury: and neuertheles according to all his demerites and the qualitie of hys excesse, at the discretion of his superiour, he shalbe lawfully punished.

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MarginaliaConst. 13. And further, that the maner of proceeding herein be not thought vncertayne: considering with our selues, that although there be a kynde of equalitie in the crime of heresie and offendyng the Prince, as is auouched in diuers lawes: yet the fault is much vnlyke, and to offend the diuine maiestie requireth greater punishment, then to offend the Princes maiesty. And where it is sufficient (for feare of daunger that myght ensue by delayes) to conuince by iudgement the offender of the Princes maiestie proceeding against him fully and wholy, with a citation sent by messenger, by letters, or edict not admitting proofe by witnesses, and sentence diffinitiue to be: MarginaliaEasier to offend against the princes law then agaynst the byshops We do ordeine, will, and declare, for the easier punishement of the offenders in the premisses, and for the better reformation of the Church diuided and hurt, that all such as are diffamed, openly knowen, or vehemently suspected in any of the cases aforesayd, or in any article of the catholique fayth sounding contrary to good maners: by authoritie of the ordinary of the place or other superiour, be cited personally to appeare, either by letters, publique messenger beyng sworne, or be edicte openly set at the place where the sayd offender commonly remayneth, or in his parish church, if he hath any certayne dwelling house. Otherwise, in the Cathedrall Church of the place where he was borne, and in the parish Church of the same place where he so preached and taught: And afterwardes certificat being geuen, that the citation was formally executed agaynst the partie cited beyng absent and neglecting his appearaunce, it shalbe proceeded agaynst him fully and playnely without sounde or shew of iudgement, and without admitting proofe by witnesses and other canonicall probations: And also after lawfull information had, the sayd ordinary (all delayes set apart) shall signifie, declare, and punish the sayd offender, according to the qualitie of hys offence and in forme aforesayd: and further, shall do according to iustice, the absence of the offender notwithstanding. Giuen at Oxford.

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¶ Who would haue thought by these lawes and constitutions so substantially founded, so circumspectly prouided, so diligently executed: but that the name and memory of this persecuted sort, should vtterly haue bene rooted vp, and neuer could haue stand. And yet such be the workes of þe lord, passing all mens admiration, all this notwithstanding so far was it of, that the number and courage of these good men was vanquished, that rather they multiplyed dayly and encreased. For so I finde in Registers recorded, that these foresayd persons, whom the kyng and the Catholique fathers, did so greatly deteste for heretickes, were in diuers countryes of thys Realme dispersed and encreased: especially at London, in Lincolneshire, in Northfolke, in Herefordshire, in Shreusbery, in Calice, and diuers other quarters mo, wyth whom the Archb. of Canterbury Thomas Arundell, the same tyme had much a do, as by his owne registers doth appeare. Albeit some there were, that did shrinke, many did reuolt and renounce, for daunger of the law.MarginaliaIohn Puruey.
Iohn Edward.
Iohn Becket.
Iohn Seynous abiured.
Among whom was Iohn Puruey, which recanted at Paules crosse, of whom more foloweth (the Lord willyng) to be sayde in the yeare 1421. Also Iohn Edward priest, of the dioces of Lincolne, who reuoked in the grene yarde at Norwich, Richard Herbert and Emmot Willy of London: also Iohn Becke, who recanted at London. Itē, Iohn Seynons of Lincolneshiere, who was caused to reuoke at Canterbury. The articles of whom which commonly they did holde, and which they were constrayned to abiure, most specially were these as folow.

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Their Articles.

MarginaliaThe Articles. First, that the office of the holy crosse (ordayned by the whole Church) celebrated, doth conteine idolatry.

Item, they sayd and affirmed, that all they which do reuerence and worship the signe of the crosse, to commmitte idola-

try,