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OS grid ref: SP 515 065

County town of Oxfordshire; university town

550 [526]

K. Henry. 4. Constitutions and inquisitions of the Archbishop against the Gospellers.

fessed his fault openly in the same place where he offended, and hath preached the true meaning of the sayd conclusion or proposition in one church or more, as shalbe thought expedient to the Ordinary.

MarginaliaConstit. 6.Item, no manner of person shall presume to dispute vpon þe articles determined by þe church, as is cōtayned in the decrees, decretals, our constitutions prouinciall, or in the general Councels. But onely to seck out the true meaning therof, & that expressely, whether it be openly or in secret:MarginaliaAuthoritie of the popes decretals not to be doubted vnder paine of heresie. nor none shal cal in doubt the authoritie of the said decretals or constitutions, or the authoritie of him that made thē, nor teach any thing contrary to þe determination therof: And chiefly concerning the adoration of the holy crosse the worshipping of Images, of sayntes, going on pilgrimage to certayne places, or to the reliques of saintes, or agaynst þe othes in cases accustomed to be geuen in both cōmon places, that is to say, spirituall & temporall: But of al it shalbe commonly taught and preached,MarginaliaAdoration of the crosse. that the crosse & Image of the Crucifixe, and other Images of Saynts in the honour of them whom they present, are to be worshipped with procession, bowing of knees, offring of frankincense, kissinges, oblations, lighting of candels, and pilgrimages, *Marginalia* With all abhomination. and with all other kind of ceremonyes and manners that hath bene vsed in the time of our predecessoures: And that geuing of othes in cases expressed in the law, and vsed of all men to whome it belongeth in both common places, ought to be done vpon the booke of the Gospell of Christ. Contrarye vnto this who so euer doth preache, teache, or obstinately affirme (except he recant in manner and forme aforesayd) shall forthwith incurre the penaltie of heresie, and shalbe pronounced an heretique, in all effect of law.

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MarginaliaConstit 10.Item, we doe decree and ordaine, that no chaplayne be admitted to celebrate in any dioces within our prouince of Caunterbury, where he was not borne, or not receaued orders:MarginaliaNo priest to celebrate without their letters of orders. except hee bring with him hys letters of orders, & letters commendatory from his ordinary, and also from other Bishops in whose dioces of a long lyme he hath ben conuersaunt, whereby his conuersation and maners may appeare: So that it may be knowne, whether he hath bene defamed with any new opiniōs touching þe catholick faith or whether he be free from the same: otherwise, aswell he that celebrateth as he that suffereth him to celebrate, shalbe sharpely punished at the discretion of the Ordinary.

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MarginaliaConstit. 11.Finally, because those things which newly and unaccustomably creepeth vp, standeth need of new and speedy helpe: and where more daunger is, there ought to be more wary circumspection and stronger resistance, & and not wtout good cause: þe lesse noble ought discretly to be cut away that the more noble may the more perfectly be nourished Considering therefore, and in lamentable wise shewing vnto you, how the auncient Vniuersitie of Oxford,MarginaliaOxford famous for sincere religion. which as a fruitful vine was wont to extēd forth her fruitful brāches to the honour of God, the great perfection, and defēce of the Church: now partly being become wilde, bringeth forth bitter grapes, which being vndiscreetly eaten of auncient fathers that thought themselues skilfull in the law of God: hath set on edge þe teeth of their childrē: and our prouince is infected with diuers and vnfruitfull doctrines, and defiled with a new & damnable name of Lollardie, to the great reproofe and offence of the sayd Vniuersitie being known in forren countryes: & to the great irkesomnes of the studentes there, and to the great dammage and losse of the Church of England, which in times past by her vertue as with a strong wall, was wont to be defended, and now like 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 & suffragans: and other the prelates in this conuocation assembled, and the proctors of them that are absent: least the riuer being clensed: the fountayne should remayne corrupt and so the water comming from thence should not be pure entending most holesomly to prouide for the honour and vtilitie of our holy mother the Church and thevniuersitie aforesayd.MarginaliaInquisition to be made through Colledges and halles of Oxforde. We do ordeine and decree: that euery Warden, Prouost: or maister of euery College, or principall of euery hall wtin the vniuersitie aforesayd: shall once euery moneth at þe least, diligently enquire in the sayd College, hall, or other place where he hath authoritie, whether anye scholler or inhabitant in such colledge, or hall. &c. haue holdē, alleaged, or defended, or by any meanes proponed, any conclusion proposition or opinion concerning the catholick faith or founding cōtrary to good maners, or contrary to the determination of the Church, otherwise then appertayneth to necessary doctrine. And if he shall finde anye suspected or diffamed herein, he shall according to his office admonish him to desiste. And if after such monition geuen, thesayde partye offende agayne in the same or suche like, hee shall incurre ipso facto (besides the penalties aforesayd) the sentence of greater excommunication. And neuerthelesse, if it be a scholler that so offendeth the second tyme, whatsoeuer he shall afterward doe in the sayd vniuersitie, shall not stand in effect. And if he be a doctour, a maister, or bacheller, he shall forthwith be suspended frō euery schollers act, and in both cases shal lose the right that he hath in the said College or hall, wherof he is, Ipso facto: and by the Warde: Prouost, Maister, principall, or other to whō it appertayneth, he shalbe expelled, & a Catholique, by lawful meanes forthwith placed in his place.MarginaliaI would the like were vsed nowe for the banishing of papistry. And if the sayd Wardens, Prouostes or Maisters of Colledges or principalles of halles, shalbe negligent concerning the inquisition and execution of such persons suspected and diffamed by þe space of x. dayes, frō the time of the true or supposed knowledge of þe publication of these presentes: þt then they shal incurre þe sentence of greater excommunication; and neuerthelesse shalbe depriued ipso facto, of all the right which they pretēd to haue in þe colledges, halles &c. and the sayd Colledges & halles &c. to be effectually vacant: And after lawfull declaration hereof made by them to whom it shall appertayne, new Wardens, Prouostes, Maisters, or principals, shalbe placed in they, places, as hath ben accustomed in colledges and halles, being vacant in the sayd vniuersitie. But if the Wardens themselues, Prouostes, Maisters or principals aforesayd, be suspected and diffamed of and concerning the sayd conclusions or propositions, or be fauourers & defenders of such as doe therein offend: and doe not cease, beyng therof warned by vs, or by our authoritie: or by þe ordinary of the place: that then by law they be depriued, aswell of all priuiledge scholasticall within the vniuersitie aforesayd, 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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MarginaliaConstit. 12.But if any man in any case of this present constitution or any other aboue expressed: do rashly and wilfully presume to violate these our statues in any part thereof (although there be an other penalty expressely there limitted) yet shal he be made altogether vnable and vnworthy by the space of three yeares after, without hope of pardon to obtayn any ecclesiasticall benefice within our prouince of Caunterbury: and neuertheles according to all hys demerites and the quallitie of hys excesse, at the discretion of his superiour he shalbe lawfully punished.

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MarginaliaConstit. 13.And further, that þe maner of proceeding herein be not thought vncertayne: considering with our selues, that although there be a kinde of equallitie iu the crime of heresie and offending the prince, as is auouched in diuers lawes: yet the fault is much vnlike, and to offend the deuine maiestie requireth greater punishment, then to offend þe Princes maiesty. MarginaliaEasier to offend against the princes law then against the byshops. And where it is sufficient (for feare of daunger that might ensue by delayes) to conuince by iudgement the offender of the Princes maiesties proceeding agaynst hym fully & wholy, with a citation sent by messenger, by letters, or edict not admitting proofe by witnesses, and sentēce definitiue to be: We do ordeine, will, and declare, for the easier punishment of the offēders in the premisses, and for the better reformation of the church deuided and hurt, that all such as are diffamed, openly knowne, or vehemētly suspected in any of the cases aforesayd, or in anye article of the catholicke fayth sounding contrary to good manners: by authoritie of the ordinary of the place or other superior, be cited personally to appeare, eyther by letters, publique messenger being sworne: or by edicte openly set at that place where the sayd offender commonly remayneth, or in hys parish Church, if he hath any certayne dwelling house. Otherwise, in þe Cathedrall church of the place where he was borne, and in the parish churche of the same place where he so preached and taught: And afterwardes certificate beyng geuen, that the citation was formally executed agaynst the party cited being absent and neglecting hys appearaunce it shalbe proceeded agaynst him fully and playnly without sound or shew of iudgement, and without admitting proofe by witnesses and other canonicall probations. And also after lawful informatiō had, the sayd ordinary (al delayes set apert) shall signifie declare, and punishe the sayd offender, according to the quallitie of his offence, and in forme aforesayd: and further, shall doe according to iustice, the absence of the offender notwithstanding.

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Geuen at Oxford.

¶ Who would haue thought by these lawes and constitutions so substantially founded, so circumspectly prouided, so dilligently executed: but that the name and memory of this persecuted sort, should vtterly haue bene rooted up,

and