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577 [577]

K. Richard. 2. The aunswer of W. Swinderby to the proces.Actes. and Mon. of the church.

my wit and vnderstanding, that I neuer preached, helde ne taught these conclusions and articles, the which falsly of Friers were put vpon me, and of lecherous pristes to the bishop of Lincolne. For I was ordeined by processe Marginalia* Yer sayd that is beforesayd,* yer said, 

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I.e., before, aforesaid.

of their law, by the bishop and his cōmissaries, MarginaliaWitnesses with Williā Swinderby, 13. priestes and 30. other wyth the letter of the mayor of Leycester, and Burgeses with 12. seales.so as I grāted them to bring my purgation of, 13. priestes of good fame. And so I did, with a letter and, xij seales thereby, from the Maior of Leyceter, and from true Burgeses, and. xxx. men to witnes with me, as the Duke of Lancaster knew and heard, the Earle of Darby, and other many great men that werne that time in the towne, that I neuer sayd them, taught them, ne preached them. But when I should haue made my purgatiō ther stooden forth v. friers or mo, that some of thē neuer saw me before, ne heard me, and three lecherous priests openly knowen, some liuyng in their lecherye twentye yeare (men sayden) or more, as by their childer was opēly knowen. MarginaliaThe chastity of Votaries to be noted.Some of these they clepinden, denounciations, and some weren clepped comprobations, that weren there falsly forsworen, they suing busily and crying with many an other Friar, with great instance to geue the dome vpon me, to burne me: and boughten dry wood before, as men tolden in that towne: and these sleyghtes and swearing and money geuing, as men sayden, with fauour of the bishop (by what law I wot not, but sothly not by Gods law) they sayden they helde me as conuicted, and might not haue forth my purgation. So as I fully forsooke them, and neuer graunted that I sayde them. Ouer this they made me sweare neuer to holde them, teach them, ne preach them, priuelye ne apertlye: and that I would go to certaine churches to reuoke the conclusions that I neuer sayd, in sclaunder of my selfe, by great instance of the Friers. And so for dred of death and for fleshly counsell that I had, I assented, and so I did. And also they maden me to sweare, that I shoulde not preache (by instance of the Friers) within that diocesse, withouten lycence asked and graunted, and neuer sithen I did. And now the same conclusions bene rehearsed to me againe: whether by Friers counsell I wil not deme, God wot, but in sclaunder of me it is: and therefore I wyll answer now (with Gods helpe) to the conclusions. Of the which the first is this.

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Marginalia1. Conclusion.That men mowen asken their debts by charity, but in no maner for debt to enprison anye man: and that he so emprisoning, is accursed.

MarginaliaAunswer.
How det is to be pursued.
So said I not: but thus I haue sayde, & yet say with protestation put before: that who so pursues his brother with malice, prisoneth him cruelly for det without mercy that fain would pay it if he might: he sinneth against Christes teachyng, estote misericordes, sicut pater vester misericors est.

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Marginalia2. Conclusion.The secōd conclusion, that false friers and lecherous priestes putten vpon me was this: that if the parochiens 

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I.e., their parishioners.

knowen her curate to bene a lechoure, incontinent, and an euill man: they owen to withdraw from him tithe, & els they bene fauters of his sinnes. MarginaliaAunswere

Thus I said not, but on this wise, and yet I say with protestation put before: that if it be knowē openly to the people, that persons or curates come to her benefice by Simony, and liuen in notory fornication, and done not their offce and her dueties to her perochiens by good ensample of holye life, in true preaching, lyuing and residence, wending away from his cure, occupied in secular office: he owes nought to haue of the perochiens, tithes, ny offrings, ny hem owes not to hold him for her curate, ny hem owes not to geuen him tithes, lest they bene gultye to god of consent and maintenyng of her open sinne Nemo militans deo, implicat se negotijs secularibus, 1. q. 1. ca. quisquis per pecuniam, & dist. 80. ca. Si quis.

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Marginalia3. Conclusion.The third conclusiō was this, that friers and priests putten vpon me, that tithes purely bene almesses: And in case that curates bene euill men, they mowen leefullyebene geuen to other men, by temporall lordes, and other temporalties bene done away from men of the churche, actually and openly trespassing.

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MarginaliaAunswereThis I said not in these termes, but thus I say with protestation made before: that it were medefull and lefull to secular lordes by way of charitie, and power geuen to hem of god in default of prelates that amend not by gods law, cursed curates that opēly misusen þe goods of holy church, that bene poore mens goodes and customably against the law of god: the which poore mē, lords bene holden to maintayn and defend, to take away and withdraw from suche curates, poore mens goodes, the which they wrongfully holden in helpe of the poore, and their owne wilfull offringes, and their bodelye almes deedes, and geue them to such that duely serue God in the church, and bene needye in vpbearing of the charge that prelates shoulden do, and done it not. Alter alterius onera portate & sic adimplebitis legem Christi. And as anentes taking away of temporalties, I say thus with protestation made before: that it is leefull to kinges, Princes, Dukes, and Lordes of the world to take away fro Popes, Cardinals, fro Bishops and Prelates, possessions in the churche, their temporalities, and their almes that they haue geuen them, vpon condicion they shoulden seruen God the better, when they verelye sene that their geuing and their taking bene contrary to the law of God, to Christes liuing and his Apostles: & namely in that, that they taken vpon them (that shoulden be next followers of Christ and hys Apostles in poorenes and mekenes) to be secular Lordes: against the teaching of Christ and Saint Peter. Luc. xxii. Reges gentium. Et i. Pet. v. Neq; dominantes in clero. And namelye when such temporalties maken them the more proud, both in hart and in araye, then they shoulden bene els, more in strife and debate against peace and charity, and in euill ensample to the world more to be occupied in worldlye busines. Omnē solicitudinem proiicientes in eum. And drawes them from the seruice of God, from edifieng of Christs church, in empouerishing and making lesse the state and the power of kinges, princes, Dukes, & Lords that God hath set them in: in wrongful oppressing of cōmons for vnmightfulnes of realmes. For Paule sayth to men of the Church (whose lore, Prelates shoulden souerainly followen) Habentes victum & vestitum, hiis cōtenti simus.

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Marginalia4. Conclu.The fourth conclusion is this, that Friers & priestes putten vpon me falsly: that an euill Curate cursing his Soget for withholding of tithes, is noughte els, but to take wyth extortion wyckedlye and vnduelye money from them.

MarginaliaAunswere.
Here may you see the falshode of the papistes gatheryng articles against good mē, whiche they neuer said nor ment.
Thus said I not, but thus I said, and yet doo wyth protestation made before: that an euil Curat cursing his parochiens, vnmigty to pay their tithing, with vengeaunce without pity, for his singular worldly winning against charity, and not for heede of their soules, ther he is holde by his power reasonably to helpe his needy parochiens, and doth nought of the goods of the churche: wickedly and vnduely he withholdes frō them, þt which is due to them by the law of God. Dimittite, & dimittetur vobis: date, & dabitur vobis: verū mihi vindictam, & ego retribuam, dicit dominus.

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Marginalia5. Conclu.The fift conclusion is this, that Friers and Priestes falsely putten vpon me: that no man maye curse anye man, but if he were him cursed of God, ne the commers wyth hym rennen not into sentence of cursing in anye manner.

MarginaliaAunswereThus said I not, but thus I sayd, and say with protestation put before: that no man ought to curse anye man, but for charitie, and with charitie. Omnia vestra cum charitate fiant. And sikerly I say, that no wrongful cursing of pope or any prelate in earth, bindes Marginalia* Against.* anentes God, but when they wrongfully and wittingly cursen

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men
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