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645 [645]

K. Henry. 4. Burning of I. Badby. The statute ex officio. Actes and Mon. of the church.

? The description of the horrible burning of Iohn Badby, and how he was vsed at his death.
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This is another of the five burnings between Wyclif and Luther that were accorded large illustrations. In 1563 the woodcut has no heading, but three lines of small type carried over from the previous pages are set above it. Badby, unlike Sawtry, was a layman, described as scissor, taylor, in the trial record , and this standing affected both the proceedings against him and what Foxe made of them. The woodcut that portrays his 'horrible burning' represents vividly the two unusual features of his demise. The condemned stands in the fire in an open-ended barrel (the stake to which the text tells us this was bound with chains is not depicted), at unusually close quarters to the surrounding officials and spectators. If this arrangement was intended to intensify the fire and so shorten the suffering of the condemned, that might be connected with the other exceptional feature of this case: namely the efforts of the Prince of Wales to extract a last-minute recantation . Such high-powered secular intervention, itself unprecedented and extraordinary at this final phase, is shown in the outstretched hand of the mounted prince, who was ready to offer the condemned man a life pension as well as a pardon if he recanted and returned to the church. The Prince interpreted Badby's cry for mercy as a sign of his change of heart. He had the fire quenched and Badby removed from the barrel, but to no avail. Badby was returned to the barrel and died in the relit flames. Foxe's text points to the accuracy of this depiction; 'for the manifestation of which torment, we have here set forth the picture of his burning, in such manner as it was done'. CUL copy: thick, heavy orange paint used for flames, which is clumsily extended on the flames close to Badby's body, which lessens the effect of the original illustration, as the flames look thicker tipped than those at the base of the fire. Those flames at the base look much more realistic – their tips do rise into points. The sheriff is mounted on a white steed. Badby is dressed in white The scroll depicting his words is edged in purple (like that of Sawtry's final words) but it is not so distinct, since purple is used copiously for the clothes of the onlookers. WREN copy: the flames are depicted crudely in this copy also.

This godly martyr Iohn Badby hauing thus consūmate his testimonie and martyrdome in fier, the persecutyng Bishops yet not herewith contented, and thinkyng thē selues as yet either not strōg enough, or els not sharp enough agaynst the poore innocent flocke of Christ: MarginaliaAll the power of man set against the Gospell.to make all thynges sure and substantiall on their side, in such sorte, as this doctrine of the Gospell now springyng should be suppressed for euer: layd their cōspiring heades together, and hauyng nowe a kyng for their owne purpose, ready in all poyntes to serue their turne (duryng the tyme of the same Parliament aboue recited yet continuyng) the foresayd Byshops and clergye of the realme, exhibited a Bill vnto the kinges maiestie: 

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Ex officio statute

Although Foxe identifies the statute he is printing as 'Ex Officio', it is actually 'De heretico comburendo', the 1401 statute which defined heresy as a capital offence to be punished by burning at the stake (anno 2. Hen IV., cap xv). Foxe compared this statute with the laws decreed by the Roman emperors against the early Christians. Foxe believed and stated that these persecutions were to be exactly equated and that Satan was the direct instigator of both persecutions. Foxe introduced this statute in the 1570 edition and it was reprinted without change in all subsequent editions.

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Thomas S. Freeman
University of Sheffield

subtily declaryng, what quietnes hath been maynteyned within thys realme by hys moste noble progenitours, who alwayes defended the auncient rites and customes of the churche, and enriched the same with large giftes, to the honour of God and the realme: MarginaliaThe Gospel of Christ counted as wicked and hereticall.and contrariwise, what trouble & disquietnes was now risen by diuers (as they termed them) wicked and peruerse men teachyng & preachyng openly and priuily, a certeine newe, wicked, and heretical kinde of doctrine, cōtrary to the catholicke fayth and determination of holy churche: Wherupon the kyng, alwayes oppressed with blynde ignoraunce by the crafty means & subtile pretenses of the clergy, graunted in the said Parliamēt (by cōsent of the nobilitie assēbled) a statute to be obserued called Ex officio as foloweth.
¶ The Statute ex officio.
MarginaliaThe cruell statute, or officio.That is to say. That no man within this realme or other the kyngs maiesties dominions, presume or take vpon him to preache priuily or apertly, without speciall licence first obteyned of the ordinary of the same place, (curates in their own parish churches, and persons heretofore priuileged, & others admitted by the Canon law, onely excepted) Nor that any hereafter do preache, mainteyne, teache, informe openly or in secrete, or make or write any booke contrary to the catholicke faith, and determinacion of the holy church. Nor that any hereafter,make any conuenticles or assemblies, or kepe & exercise any maner of schooles touchyng this secte, wicked doctrine, and opinion. And further that no man hereafter shal by any meanes, fauour any such preacher, any such maker of vnlawful assemblies, any such booke maker or writer, and finally any such teacher, informer, or sturrer vp of the people. And that all and singular persons hauyng any the sayd bookes, writinges, or cedules conteynyng the sayd wicked doctrines and opinions, shall within fourty dayes after this present proclamaciō and Statute, really and effectually deliuer or cause to be deliuered all and singular the sayd bookes and writinges, vnto the ordinary of the same place. And if it shall happen any person or persons of what kynde, state, or condicion so euer he or they be, to do or attēpt any maner of thyng contrary to this present proclamation and statute, or not to deliuer the said bookes in forme aforesayd: That then the ordinary of the same place in his owne dioces by authoritie of the sayd proclamacion and statute, shal cause to be arrested, and deteyned vnder safe custody, the sayd person or persons in this case diffamed, and euidently suspected or any of them, vntill he or they so offending haue by order of law purged him or them selues as touchyng the articles layed to his or their charge in this behalfe: MarginaliaA bloudy law of K. Henry the 4.or vntill he or they haue denied and recanted (accordyng to þe lawes ecclesiasticall) the sayd wicked secte, preachings, teachinges, and hereticall and erroneous opinions. And that the sayd ordinary by him selfe or his commissaryes procede openly & iudicially to all the effect of law against the sayd persons so arrested and remainyng vnder false custody, and that he end and determine the matter within three monethes after the sayd arrest (all delayes and excuses set a part) accordyng to the order and custome of þe Canon law. And if any person, in any cause aboue mentioned, shalbe lawfully conuicted before the ordinary of the dioces or his commissaries: that then the sayd ordinary, may lawfully cause the sayd person so conuicted (accordyng to the maner and qualitie of his facte) to be layd

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