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Cleobury Mortimer [Cleobury Mortemere]

Shropshire

OS grid ref: SO 675 755

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Pontesbury [Ponsley]

Shropshire

OS grid ref: SJ 395 065

MarginaliaThe first sitting against W. Swinderby. On Thursday, the xx. of Iuly, in þ^e yeare of the Lord aforesaid: MarginaliaAnno. 1391.We in the parish church of North Lidebury afore sayd, about 6, of the clocke, sitting in iudgement, after that it was reported vnto vs how the foresayd Williā was personally taken and lawfully cited: Caused the sayd William then and there openly in iudgement to be called out, to do, heare and receiue such thinges, wherto he was afore cited, & to do otherwise that which iustice should perswade. And the sayd William appeared neither by himself, nor by proctor: but onely by a seruaunt (whose name we know not) he sent a certayn schedule of paper, made like an indenture vnto vs to excuse him. After which schedule sene, read and with ripe deliberatiō wayed, and in any wise notwithstāding we adiudged the sayd William, after he was oftē called, & long euen to the due hour taried for, & by no meanes appering: worthely for his obstinacy, & for his stubbernnes assigned vnto him the 29. day of Iuly in the Church of Ponsley, to appeare before vs with the foresayd sauegard, to aunswere more fully to such articles, and otherwise to heare, receiue, and do as before is noted.

MarginaliaThe 2. sitting agynst W. Swinderby. Vpon Saterday being the 29. of Iuly, and in the yeare of the Lord aforesayd, we Iohn by Gods permission þ^e fore remembred Bishop in the Church of Pontesbury, of our Dioces, at sixe of the clock, or there about, sitting in iudgement: made the sayd Williā of Swinderby to be opēly called, that (as was to him appointed and assigned) he should appere before vs, to answere to the foresayd articles more fully and to declare the sayd articles as the darknes of his aunsweres did worthely require. And that the sayd William being called, & longfor a due time looked for, did make no meanes to appere: and so we pronounced him to be obstinate, and for his obstinatnes (to ouercome his malice, & of our exceeding fauor) thought good to appoynt and dyd appoynt the 8. of August, thē next following, at Cleobury Mortemere of the same our dioces, vnto the sayd William for the same thing.

MarginaliaThe 3. sitting against W. Swinderby. Vpon Tewsday, the 8. of August, the yeare aforesayd, I Iohn by Gods permission Bishop of Hereford aforesayd, in the Church of Cleobury Mortemere, about 6. of the clocke, sitting in iudgement, caused the foresayd Williā Swinderby, to be called many times openly to do and receiue about the premisses, according to the appoyntment of the same day that iustice should aduise, which William did not appeare at all. Wherupō, we after that the sayd Williā was called, and often proclaymed, and long looked for but not appering at all, did iudge him worthely (as of right apperteined) obstinate: and for his obstinatnes, assigned him the 16. day of the same moneth of August next folowing, in the parish church of Whithorne of the same our dioces, to bring forth, or to see brought forth, all lawes, muniments, and other kindes of proofes, & to see also witnesses brought forth, admitted and sworne, by whom and which thinges we intend to proue the foresayde articles, or at least wyse some of the same.

MarginaliaThe 4. sitting against W. Swinderby. Vpō Wednesday the 16. day of the moneth of august the yeare aforesaid we Iohn þ^e bishop in the parish Churc hof Whithorn aforesayd of our dioces, sitting in iudgement, caused the sayd William Swinderby often times to be called, who (as is aforesayd) MarginaliaOf this processe mention is made before pag. 465.appeared not at all: whom after that hee was so called, proclaymed & long looked for, & yet by no means appering, we pronoūced to be obstinate. We receiued also by certayne faithfull Christians, and zealous men for the catholicke fayth of our dioces a certayne proces made and had at an other time against the same William, before þ^e reuerend father in God and Lord, Lord Iohn by the grace of God, Bishop of Lincolne confirmed by the hanging on of the seale of the same reuerend father, þ^e Lord Bishop of Lincolne. The tenor wherof word for word is contayned before. And these faythfull Christians moreouer agaynst the obstinatenes of the sayd William Swinderby brought forth discreet mē, M. William Leuiet, parson of the parish Churche of Kyuersly, and also Edmunde Waterdon parish Chaplaine of the Chappell of N. & Roger Newton, and Hugh Sheppert, lay men of the dioces of Lincolne, asking instantly that they might be receuied for witnesses, to proue some of the foresayd articles whoagaynst the obstinatenes of the sayd William Swinderby we thought good to receiue and did receiue, and their othes to the holy Gospels of God being layd handes on corporally in our hand. And did diligētly examine them in proper person seuerally in forme of law: whose sayinges & depositions are afterward brought in, & at the instance of the same faythfull Christians, we assigned the second day of Septēber then next folowing, to the sayd William Swinderby, to say and alledge agaynst the sayd proces: witnesses, and their sayinges, in the sayd Church of Whythorne: decreeing, that a copy should be made for him of these thinges that were brought forth, and of the depositions of the wintnesses.

* Here we fayle in our copy, till the Register come to our handes agayne.  

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This is another indication that Foxe was working from a copy of Trefnant's register. Apparently he had a copy made for himself because he states that at one time the original had been in his hands. Presumably the original was sent to him but had to be returned. The gap in the copy was substantial; Foxe summarises the material until well into Swinderby's second defence to Trefnant. The missing material can be found in Registrum Johannis Trefnant Episcopis, ed. W. W. Capes, Canterbury and York Society 20 (London, 1916), pp. 255-64. It consists of another failure of Swinderby to appear, a mandate from Trefnant ordering Swinderby to appear, and a plea from Swinderby's supporters.

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Foxe picks up in Swiderby's second defence of the articles charged against him. This material is taken from the register of Bishop Trefnant; see Registrum Johannis Trefnant Episcopis Herefordensis, ed. W. W. Capes, Canterbury and York Society 20 (London, 1916), pp. 264-70.

Marginalia2. Conclusion. ☞ To the second conclusion that he saien is errour or heresy, that toucheth taking away of the temporalties and of Lordships of priests that bene euill liuers.

MarginaliaDeclaration. I say me seemeth that the conclusion is true, & is thys: that it were medefull and leefull to secular Lords by way of charity, and by power geuen to them of God, in default of Prelates that amend naught by Gods law: cursed Curates that openly misuse the goodes of the holye Church, that ben poore mens goods: and customably ayens the law of God, (the which poore men, Lords ben holden to mayntayne and defend) to take away and to draw from such curatess, poore mens goodes in helpe of the poore, and theyr owne wilfull offeringes, and theyr bodely almose deedes of worldly goodes, and geue them to such as duely seruen God in the Churche: and bene ready in vpbearing of the charge that prelats shoulden do and done it not. And as anences taking away of temporalties: I say thus, that it is leefull to Kinges, to Princes, to Dukes, and to Lords of the world to take away from Popes, from Cardinals, frō Bishops, Prelates, and possessioners in the Church, theyr temporalties, MarginaliaEuery gift giuē vpon condition is frustrate vpou the breach of euery such condition.and theyr almes that they haue geuē thē vpon conditiō, that they shoulden serue God the better: whē they verely seen that theyr geuing & taking bene cōtrary to the law of God, contrary to Christes liuing, and his Apostles, and namely in that that they takē vpon thē, that they shouldē be next folowers of Christ & his apostles, in poorenes and meeknes, to be secular Lords against the teaching of Christ and of S. Peter. Truely me semeth that all Christen men, and namely Priestes shoulden take keepe, that their doing were according with the law of god, either the old law either the new. The Priestes of the olde law wern forbidden, to haue Lordshippes among theyr brethren, for God sayd, that he would be theyr part and theyr heritage. And Christ that was the highest Priest of the new Testament forsooke worldly Lordship, and was here in fourme of a seruaunt, and forbad his Priestes such Lordships, and sayd, Reges gentium dominantur eorum. &c. vos autem non sic. That is. The kinges of the heathen, beare dominion and rule. &c. But you shall not do so. And as Saynt Peter sayeth. Neque dominantes in clero. &c. Not bearing rule and dominion ouer the Clergy. &c. So it seemeth me: that it is agaynst both lawes of God, that they haue such Lordships, and that theyr title to such lordships is not ful good: And so it seemeth me, that zif they bene thereto of euill liuing, it is no great perill to take away from them, suche Lordships but rather medefull, if the taking away were in charity, and not for singular couetousnesse ne wrath. MarginaliaIf the pope may take from the Friers to cause them keepe S. Fraunces rule, may not the Emperour take from the pope to cause hym keepe Christes rule?And I suppose that if friers, that be bounden to theyr foūders, to liue in pouerty, would break theyr rule and take worldly Lordships: might not men lawfully take from thē suche Lordships, and make them to liue in pouerty as theyr rule would? And forsooth it seemeth me, that Priestes oughten also well to keepe Christes rule, as Friers owne to keepe the rule of theyr founder. Ieremy witnesseth, how God cōended Rachabs children, for they would not break theyr faders bidding in drinking of wine. And yet Ieremy profered thē wine to drinke. And so I trow, that God would commend his Priestes, if they woulden forsake worldlye Lordships, and holden them a payd with lifelot, and with clothing: and busy them fast about theyr heritage of heauē. And God sayth. Numeri. 18. In terra eorum nihil possidebitis, nec tenebitis partē inter eos: Ego pars & hæreditas vestra in me dio filiorum Israel. &c. Et Duet. 18. Non habebitis sacerdotes & Leuitæ & omnes qui de eadem tribu estis, partem & hæreditatem cum reliquo Israel, quia Sacrificia Domini & oblationes eius cōedent, & nihil accipient de possessione fratrum suorum. Dominus enim ipse hereditas ipsorum, sicut locutus est illis. Et Lucæ 14. Sic ergo omnis ex vobis, qui non renunciauerit omnibus