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650 [626]

K. Henry.5. The bloudy Inquisition of Pope Martine.

separated the same, as obstinate and malaperte heretikes frō the Communion of the faythfull people, and haue declared them to be spiritually thrown forth: and many other things both wholesome and profitable hath the same Councell as touching the premisses, stablished and decreed, wherby they which by the meanes of those Archheretickes, and by theyr false doctrine haue spiritually departed frō the lords house, may by the canonicall rules be reduced to the straight pathe of truth and veritie.

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And moreouer (as we to our great griefe do heare) not only in the kyngdome of Bohemia, and Dukedom of Morauia and other places aboue recited, but also in certayne partes and prouinces nere adioyning and bordering vppon the same, there be many other of the sectaries and followers of the foresaid Archheretickes and hereticall opinions, casting behynd their backes, as well the feare of God, as the shame of the world, neither receauing fruite of conuersiō and repentaunce by the miserable destruction of the foresayde Iohn Hus, and Hierome, but as men drowned in the dungeon of their sinnes, cease not to blaspheme the Lord God, MarginaliaWe fooles thought their life to be madnes, & their ende without honour.taking hys name in vayne (Whose myndes the father of lies hath damnably blynded) and do read and study the foresayd bookes or workes, contayning heresies and errours, beyng lately by the foresaid Synode condemned to be burned: also, to the perill of themselues, and many other simple men, and agaynst the statutes, decrees, and ordinances in the Synode aforesayd, and the Canonicall sanctions, do presume to preach and teach the same, to the great perill of soules, the derogation of the Catholike fayth, and slaunder of many other besides. We therfore considing, that errour, when it is not resisted, semeth to be allowed and lyked, and hauyng a desire to resist such euils and pernicious errours, and vtterly roote them out from amongest the company of faythful Christians, especially from the afore recited places of Bohemia, Morauia, and other straightes and Ilandes ioyning and bordering vpon the same, least they should stretch out & enlarge their limites: we will and commaund your discretions by our letters Apostolicall, the holy councell of Constaunce approuing and allowing the same, that you that are Archbishops, Bishops and other of the Clergy, and euery one of you by hymself or by an other or others, beyng graue and fit persons to haue spiritual iurisdiction: do see that all and singuler persons, of what dignitie, office, preeminence, state, or condition so euer they be, and by what names so euer they are knowen, MarginaliaEt os eius sicut os Leonis.
i. And his mouth is like the mouth of a Lion. Apoc. 13.
which shall presume otherwise to teach, preache, or obserue, touchyng the most highe and excellent, the moste wholesome and superadmirable Sacramente of the bloud of our Lorde Iesus Christ, or els of the Sacrament of Baptisme, confession of sinnes, penaunce for sinnes, and extreme vnction, or els of any other Sacramentes of the Church and articles of the fayth, then that which the right holy and vniuersall church of Rome doth hold, teach, preach, & obserue: or els that shall presume obstinately by any wayes or meanes, priuely or apertly, to holde, beleue and teache the Articles, bookes or doctrine of the foresayd Archheretikes Iohn Wicklieffe, Iohn Hus, and Hieronimus of Prage, being by the foresayd Synode of Constance with their authours (as is sayd) damned & condemned: or dare presume publikely or priuely to allow or commende in any wise the death and end of the sayd archheretikes, or of any other their receiuers, ayders, and fauoureres in the fauour or supportation of the foresayd erroures, as also their beleuers and adherents: that then, as before, you see and cause them and euery of them to be most seuerely punished, MarginaliaDraconis lex sanguiue scripta.& that you iudge and geue sentence vpon them as heretikes, and that as arrant heretikes you leaue them to the secular court or power. Let the receauers also, fauourers and defenders of such most pestiferous persons, notwithstanding they neither beleue, fauour, nor haue deuotion, towardes their errours, but happely shall receiue or entertaine such pestiferous persons because of carnall affection or frendly loue, besides the punishment due vnto them by both lawes: ouer and aboue the same punishment, by competent iudges be so afflicted, & for so haynous actes of theirs, with so seuere payne and punishment excruciated, MarginaliaThe popes religion hath left all sense of humanitie.that the same may be to other in lyke case offendyng, and example of terrour: that at the least, those whom the feare of God by no meanes may reuoke frō such euill doyng, yet the seueritie of this our discipline may enforce and constrayne.

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As touching the third sort, which shall be by any maner of wayes infected with this damnable sect, and shall after competent admonitiō repent and amend themselues of such errours and sectes aforesayd, and will return againe into the lap and vnitie of our holy mother the Church, and fully acknowledge and confesse the Catholicke fayth: towardes them let the seuerity of iustice, as the quality of the fact shal require, be somwhat tempered with a taste of mercy.

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Marginalia* Et vidi bestiā et reges terræ et exercitus eorum pugnantes cum illo qui sedebat in equo, et cum exercitu eius.Apoc. 13.* And furthermore, we will and commaund, that by this our authority Apostolicall, ye exhorte and admonish all the professours of the Catholicke fayth, as Emperours, Kings, Dukes, Princes, Marquesses, Erles, Barons, Knightes, and other Magistrates, Rectors, Consuls, Proconsuls, Shires, Countreis and Vniuersities of the Kingdomes, Prouinces, Cities, townes, Castles, Villages, their Landes & other places, MarginaliaEt data est illi potestas in omnē tribum, et populū, et linguā, et gentem. i. And power is geuen hym ouer all tribes, and people, & tonges, & natiōs. &c.Apoc. 13.& all other executing tōporal iurisdictiō according to the forme & exigēce of þe law: that they expel out of their Kingdoms, Prouinces, Cities, towns, castles, villages, & Lāds and other places, all and all maner of such heretikes, accordyng to the effect and tenour of the Councell of Laterane, beginning: Sicut ait ecclesia. &c. that those whom publickely and manifestly by the euidēce of their dedes, shall be known to be such as like sicke and scabbed sheepe infect þe lordes flocke, they expell and banish till such tyme, as from vs or you or els other ecclesiasticall iudges or Inquisitours holding the fayth and communion of the holy Church of Rome, they shall receyue other order and countermaund: and that they suffer no such within theyr Shires and circuites, to preach or to kepe either house or family, either yet to vse any handy craft or occupations or other trades of Marchaundise, or els to solace themselues any wayes, or frequent the company of Christen men.

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And furthermore, if such publicke and knowne heretiques shall chaunce to dye (although not so denounced by the Church) yet in this so great a crime, let him and them want Christian buriall, and let no offeryngs or oblations be made for them nor receiued. His goodes and substaunce also from the tyme of his death, accordyng to the Canonicall sanctions beyng confiscat, let no such enioy them to whom they appertaine, till that by the Ecclesiasticall iudges hauyng power and authoritie in this behalfe, sentence vppon that his or their crime of heresie, be declared and promulgate: and let such owners as be founde suspect or noted with any such suspicion of heresie, before a competent and Ecclesiasticall iudge, accordyng to the consideration and exigence of that suspition, and accordyng to the qualitie of the person, by the arbitrement of such a iudge: shew and declare his proper and owne innocencie with deuotion as besemeth in that behalfe. And if in his purgation, beyng Canonically interdited, he do defayle, or be not able Canonically to make hys purgation, or that he refuse to take his othe by damnable obstinacie, to make such purgation: then let him be condemned as an hereticke. But such as through negligence or through slothfulnes, shall omitte to shew their sayd innocencie and to make such purgation, let them be excommunicate, and so long put out from the company of Christen men, till that they shall make condigne satisfaction: so that, if by the space of one whole yeare they shall remayne in such excommunication, then let them as heretickes be condemned.MarginaliaNote the tendernes of thys louyng mother, the church of Rome.

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And further, if any shalbe founde culpable in any poynt of the foresayd pestiferous doctrine of the Archheretickes aforesayd, or in any Article therof, whether it be by the reporte of the seditious, or els well disposed: let them yet be punished, accordyng to the Canons. If onely through infamy and suspition of the foresayd Articles or any of them, any man shalbe founde suspect, & in his purgation Canonicall for this thing beyng interdicted, shall fayle: let hym be accompted as a man conuict, and as a conuict person by the Canons let him be punished.

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And furthermore, we innouatyng and puttyng in execution the Canon of our predecessour of happy memory Pope Boniface the. viij. which begynneth thus: Vt inquisitionis negocium. &c. In exhorting wise require and also commaund all temporall potentates, Lords and Iudges afore recited, by what soeuer dignities, offices, and names they are knowen: that as they desire to be had, esteemed, & coumpted for the faythfull members and children of the Church, and do reioyse in the name of Christ: MarginaliaEt faciet omnes pusillos, et magnos, et diuites, et pauperes, et liberos, et seruos, accipere characterem in mauu sua dextra.
i. And he shall make both litle & great, riche & poore, free and bonde to take hys character in their right hande. &c. Apoc. 13.
so in likewise case for the defence of the same fayth, they will obey, intēd, giue their ayde, and fauorable helpe, to you that are Archbyshops, Bishops, and Ecclesiasticall men, inquisitours of all hereticall prauitie, and other iudges and Ecclesiasticall persons by you hereunto, as is aforesayd, appointed (holdyng the fayth and communiō of our holy mother the Church) for the searchyng out, takyng, and safe custody, of all the foresayd heretickes, their beleuers, their fauorers, their receiuers, and theyr defenders, when soeuer they shalbe thereunto of them required.

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And that they bring, and cause to be brought (all delay set aparte) the foresayd pestiferous persones so seekyng to destroy others with them, into suche safe keepyng and prysones, as by you the Archbishops, Byshops, Clergy, and inquisitors aforesayd, are to be appoynted, or els vnto such

other