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K. Rich. 2. The protestation of W. Swinderby with his aunsweres.

of what religion soeuer he be of, priuately to geue letters for the benefite of his order, neither doth suche benefite graunted, profite them to the saluation of thier soule, to whome they be graunted.

16. Item, that the same William vnmindeful of his own saluation, hath mauy and oftentimes come into a certayn desert wood, called Derualdwood of your diocesse, & there in a certain chappell not hallowed, or rather in a prophane cottage: hath in contempt of the keyes, presumed of hys own rashnes to celebrate, nay rather to prophanate.

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17. Item, the same William hath allo presumed to doe such thinges in a certayne prophane Chappell being situate in the park of Newton nigh to the town of Leintwardin of the same your dioces.

VPon Friday being the last of the month of Iune, in the yeare abouesayd, about 6 of the clocke, in the sayd parishe Churche of Bodenhone, hath the sayd William Swinderby personally appeared before vs. And he willing to satisfie the terme to him assigned as before specified, hath read out, word by word before all the multitude of faythfull christian people, many answeres made and placed by the same William (in a certayne paper booke of the sheete folded into foure partes) to the sayd Articles, and the same answers for sufficient hath he really to vs exhibited, aduouching them to be agreable to the lawe of Christ. Whiche thing beeing done the same William (without any moe with him) dyd departe from our presence, because that we, at the instaunce of certayne noble personages, had promised to the same William free accesse, that is to wit, on that day for the exhibiting of those aunsweres, and also free departing without prefixing of anye terme, or without citation, or els anye other offence or harme in bodye or in goodes.

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¶ As for the tenour of the same answers, exhibited vnto thē by the same William, as is before specified: we haue here vnder annexed word for worde, and in the same olde language, vsed at that time, when it was exhibited. And followeth in these wordes.

The protestation of William Swinderby with hys aunsweres to the articles by the promotors, layd agaynst him to the bishop of Herford, taken out of the Registers in the same olde Englishe wherein he wrote it.

MarginaliaThe protestation of W. Swinderby with his answers. IN the name of God amen.  

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Swinderby's answer to the charges to the articles against him is taken from Trefnant's register; see Registrum Johannis Trefnant Episcopi Herefordensis, ed. W. W. Capes, Canterbury and York Society 20 (London, 1916), pp. 237-51.

I William Swinderby priest vnworthy, couenting and purposing wholy with all my hart to be a true christian man, with open confessiō knowledging mine owne defaultes and vnwise deedes: making openly this protestation, cleping god to record here before our worshipfull Bishop Iohn, through the sufferaunce of God Bish. of Herford, with witnesse of all this people: þt it is not mine intent any thing to say or affirme, to mayntain or to defend that is, contrary to holy writte, agaynst the beliefe of holy church, or that should offend the holy determination of Christes Church, or the true sentences of holy doctors. And if I haue here before through mine vncunning, bene vnordered, or by euill counsaile bene deceiued, or any thing sayd, preached, holden, mayntayned or taught contrary to the law of God: wholly and fully for that tyme for now and euer with ful will I reuoke it and withdraw it, as euerich christen man should: Praying and beseeching eche christen man, towhom this writing shal come to, that gif I ought erre (as God forbid that I do) or euer erred in any poynt, contrary to holy writ, that it be had and holden of them, as for thing nought sayd. And all the trothes that I haue sayd according with the law of God, that they manytayne them, and stand by them for life or death to Gods worship, as a true Christen man shoulde, submitting me meekely to the correction of our Byshop that here is, or of any other chisten man, after Christes lawes and holy writ: in will euer ready to be amended, and with this protestation I say and aunswere to these conclusions and articles that here followen after, the which bene put to me to aunswere to.

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Marginalia1. Obiectiō. The first is this: that I William of Swinderby pretending (he sayth) my selfe a priest, was iudicially conuented of certain articles, & conclusions of error, false schismatick & heresie, by me in diuers places & tymes preached (he sayth) before multitudes of þe true christen men: & the same articles and cōclusions by need of law reuoked & forsworn some as heresies, and some as erroures and false: & suche I affirmed and beleued them to be. And that none of them from that time forth I should preach, teach, or affirme, openly or priuily, ne that I should make no sermon to the people, ne preache but by lawfull leaue asked and gotten. And if I would presume in doing or affirming the contra-ry then to the seueritie of the lawe, I should be buxom,  

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I.e., obedient, submissive.

as by nede of the law I swore.

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To this I say, witnessing God that is in heauen, to my wit and vnderstanding, that I neuer preached, helde, ne taught these conclusions and articles, the whiche falsely of Friers were put vpon me, and of lecherous priestes to the Bishop of Lincolne. For I was ordayned by processe * Marginalia* Yer sayd, that is, beforesayd. yer sayd,  

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I.e., before, aforesaid.

of theyr law, MarginaliaWitnesses with W. Swinderby. 13. priests, & 30. other with the letter of the mayor of Leicester, and Burgeses with 12. seales.by the byshop and his commissaryes, so as I graunted them to bring my purgation of 13. priestes of good fame. And so I did, with a letter, & 12. seales therby, from the Mayor of Leycester, and from true Burgeses and 30. men to witnes with me, as the Duke of Lancaster knew and heard, the Erle of Darby, and other many great men that were that tyme in the towne, that I neuer sayd them, taught them, ne preached them. But when I should haue made my purgation, there stooden forth fiue friers or moe, that some of them neuer sawe me before, ne heard me, and three lecherous priestes openly knowne, some liuing in their lechery xx. yeare (men sayden) or more as by their childer was openly known. MarginaliaThe chastitie of Votaries to be noted.Some of these they clepinden, denounciations, and some weren cleped comprobations, that weren there falsely forsworne, they suing busily and crying with many an other Frier, with great instaunce to geue the dome, vpō me, to burne me & boughten dry wood before, as men tolden in that towne: & these sleightes, and swearing, and mony geuing, as men saiden, wt fauor of the bishop (by what law I wot not, but sothly not by Gods law) they sayden they held me as conuicted, and might not haue forth my purgatiō. So as I fully forsooke them, and neuer graunted that I sayd them: Ouer this they made me sweare neuer to hold them, teach them, ne preach them, priuily ne apertly: and that I would go to certayne Churches to reuoke the conclusions that I neuer sayd, in sclaunder of my selfe, by great instance of the Fryers. And so for drede of death and for fleshly counsell that I had, I assented, and so I did. And also they maden me to sweare, that I should not preache (by instance of þe Fryers) within that diocesse, withouten licence asked & granted, and neuer sithen I did. And now the same conclusions bene rehearsed to me agayne: whether by Fryers counsell I will not deme, God wot, but in slaunder of me it is: and therefore I will answere now (with Gods helpe) to the conclusions. Of the which the first is this.

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Marginalia1. Conclusion. That men mowen asken theyr debtes by charitie, but in no maner for debt to inprison any man: and that he so emprisoning, is accursed.

MarginaliaAunswere. How debt is to be pursued. So I sayd not: but thus I haue sayd, and yet say with protestation put before: that who so pursues his brother with malice, prisoneth him cruelly for debt without mercy that fayne would pay it if he might: he sinneth agaynst Christes teaching, estote misericordes, sicut pater vester misericors est.

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Marginalia2. Conclusion. The second conclusion, that false Friers and lecherous priestes putten vppon me was this: that if the parochiens  

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I.e., their parishioners.

know her Curate to bene a lechour, incontinent, and an euill man: they owen to withdraw from him tithe, and els they bene fautours of his sinnes.

MarginaliaAunswere. Thus I sayd not but on this wise, and yet I say wyth protestation put before: that if it be knowne openly to the people, that persons or Curates come to her benefice by simonie, and liuen in notory fornicatiō, and done not their office & her dueties to her parochiens by good ensample of holy life, in true preaching, liuing & residence, wendyng away frō his cure, occupied insecular office: he owes nought to haue of the parochiens, tithes, ne offrings, ne hemowes not to hold him for her Curate, ny hemowes not to geuen him tithes, lest they bene gyltie to GOD of consent and mayntayning of her open sinne. Nemo militans deo, implicat se negotijs secularibus. 1. q. 1. ca. quisquis per pecuniā, & dist. 80. ca. Si quis.

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Marginalia3. Conclusion. The thirde conclusion was this, that friers aud priestes putten vpon me, that tithes purely bene almesses: And in case that curates bene euill men, they mowen leefully be geuen to othermen, by temporal Lords, and other temporalties bene done away from men of the Church, actually and openly trespassing.

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MarginaliaAunswere. This I sayd not in these termes, but thus I saye with protestation made before: that it were medefull and leeful to secular Lordes by way of charitie, and power geuen to him of God, in default of prelates that amend not by gods law, cursed curates that openly misusen the goods of holy church, that ben poore mēs goods and customably agaynst the law of God: the which poore men. Lordes ben holden to maintaine and defend, to take away & withdrawe from such curates, poore mens goods, the which they wrongfully holden in helpe of the poore, and their owne wilful offeringes, and their bodely almes deedes, and geue them to

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such