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528 [504]

K. Henry. 4. Archb. of Yorke. Examination of Iohn Badby.

MarginaliaThree causes declared. of the realme: but rather foreseyng the perdition & destruction of thys Realme to approche, we haue here brought before you certayne articles concerning the destruction of the same, to be circumspectly considered of the whole assembly, aswell of the Lordes spirituall as temporall, and the faythfull commons of England: besechyng you all in the bowels of Iesus Christ, the righteous iudge, & for merites of our blessed Lady the mother of God, and of S. George our defender, vnder whose displayed banner we wishe to liue and dye, and vnder payne of damnation, that ye will be fauourable to vs and our causes which are three in nūber. Wherof the first is, that we exalte vnto the kyngdome the true & lawfull heyre, and hym to crowne in kyngly throne wyth the diademe of England. And secondly, that we reuoke the Welshe men, the Irishe men, and all other our enemyes vnto perpetuall peace and amitie. Thirdly and finally, that we deliuer and make free our natiue countrey from all exactiōs extortions, and vniust paymentes: Beseeching our Lord Iesus Christ to graaut hys blessing, the remission of theyr sinnes, & life euerlasting to all that assiste vs to theyr power in this godly and meritorious worke: and vnto all those that are against vs, we threaten þe curse of almighty God by the authoritie committed vnto vs by Christ and his holy Churche, and by these presentes wee pronounce them excommunicate.

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These Articles beyng sene and read, much concourse of people dayly resorted more and more to the archbyshop. MarginaliaEarle of Westmerland against the Archb. The Earle of Westmerland beyng then not farre of, with Iohn the kynges sonne (hearyng of this) mustered his souldiours with all the power he was able to make, & bent toward the Archbyshop: but seyng his part to weake to encoūter with him, vseth practise of policie, where strength would not serue. And first commyng to him vnder colour of frendshyp dissembled, laboureth to seeke out the causes of that great styrre: To whom the Archbyshop agayne aunsweryng, no hurt to be entended thereby, but profite rather to the kyng and common wealth, and maintenaunce of publicke peace: but for so much as he stode in great feare and daunger of the king, he was therfore cōpelled so to do: MarginaliaFalsehoode in felowship. And withall shewed vnto him the contentes of the Articles aforesayd, whiche when the Earle had read, settyng a fayre face vpon it, semed highly to commend the purpose and doynges of the Bishop: promising moreouer that he would helpe also forward in þt quarell, to the vttermost of his power. And required vpon the same, a day to be set, when they with equall number of men, might meete together, in some place apointed to haue farther talke of the matter. The Archbishop easely perswaded, was content, although much agaynst the counsaile of the Earle Marshall, and came. Where the Articles beyng openly published and read, the Earle of Westmerland wt his company, pretended well to like vpon the same, and to ioyne their assentes together. Which done, he exhorted the Archbishop, that for somuch as his garrison had bene now long in armour, & from home, he would therfore discharge the nedeles multitude of his souldiors, & dimisse them home to their worke and busines, and they would together drinke and ioyne handes in the sight of the whole company. MarginaliaThe Archb. of Yorke craftely circumuented. Thus they shaking handes together, the Archbyshop sendeth away his souldiours in peace, not knowing himselfe to be circumuented, before he was immediatly arested by the handes of the foresayd Earle of Westmerland, and shortly after the kyng comming with his power to Yorke, MarginaliaThe Archb. of Yorke, L Tho. Moubray wyth many Yorkeshire men executed. was there beheaded the Monday in Whitsonweeke, and with him also Lord Thomas Moubray Marshall, with diuers other moreouer of the citie of Yorke, which had take their partes. After whose slaughter, the kyng procedeth farther to persecute the Earle of Northumberland, and Lord Thomas Bardolfe. Who then did flye to Barwicke. From thence they remoued to Wales. MarginaliaThe Earle of Northumberland, L Tho. Bardolfe slaine.
An. 1408.
At length within two yeares after, fighting against the kynges part, were slayne in the field. an. 1408. In the which yere, diuers other also in the Northparts, for fauouring the foresayd Lords, were likewise cōdemned by þe king and put to death. MarginaliaAbbot of Hales hanged. Among whom the Abbot of Hales, for the like treason was hanged. MarginaliaAbbot of Wales hanged.

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The kyng after the sheddyng of so much bloud, seyng himselfe so hardly beloued of his subiectes, thought to keepe in yet with the Clergy, and with the Byshop of Rome, seeking alwayes his chiefest stay at their handes. And therfore was compelled in all thynges, to serue their humour, as did appeare as well in condemnyng William Sawtre before, as also in other, which consequently we haue now to intreate of. In the number of whom commeth now by the course of tyme to write of one Iohn Badby 

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John Badby

John Badby has the melancholy distinction of being the first person in England to be burned under the statute De heretico comburendo (1401), which established heresy as a capital crime. (William Sawtre, executed, in 1401, had to be executed by royal command as the statute had not come into force). Foxe's account of Badby is a little confusing (because Foxe had access only to one set of records), so a word of background is in order. John Badby was a craftsman of the diocese of Worcester who came to the attention of the authorities through his outspoken denial of the doctrine of transubstantiation. Badby was summoned before the bishop of Worcester in 1409 and ultimately convicted of heresy. At another time, matters might have been resolved at a local level, probably with a less lethal denouement. Unfortunately for Badby, the prince of Wales (the future Henry V) had become the dominant political figure in the kingdom and he was anxious to dispel rumours and expectations (fostered by his friendship with Sir John Oldcastle and other 'Lollard knights') that he might further the Lollard cause. He sought a means to demonstrate his orthodoxy, and the prosecution of a notorious Lollard provided one. Badby was summoned before a convocation of clergy on 1 March 1410 (not 1409, as in Foxe) and subjected to a show trial. He was condemned and on 5 March 1410 he was executed, after refusing a royal pardon.

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Foxe first mentioned an unnamed 'faber' (craftsman) being burned in 1410 and also the refusal by the condemned man to accept a pardon offered by the prince of Wales, in the Commentarii (fos. 61r-62r). Foxe's source for this was College of Arms MS Arundel 7, a version of Thomas of Walsingham's Chronica majora (see Thomas of Walsingham, Historia Anglicana, ed. H. T. Riley, 2 vols., Rolls Series 28 {London, 1863-4), II, p. 282). This account was reprinted in the Rerum (p. 60) and translated in the 1563 edition. In the 1570 edition, Foxe added details taken from Archbishop Arundel's register: the articles charged against Badby at Lambeth, his answers to them, his examination by Arundel, his condemnation and even a few details about his execution - i.e., that the chancellor of Oxford presided over it and that the prior of St Batholomew the Great brought the Host to Badby at the stake. (Cf. Lambeth Palace Library, Arundel Register, II, fos.126v-127v). No further changes were made to the account of Badby in subsequent editions.

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Thomas S. Freeman
University of Sheffield

a Taylour and a lay mā, who by the crueltie of Thomas Arundell Archbishop, and other Prelates, was brought to his condemnation in this Marginalia1409. kings reigne, an. 1409. accordyng as by their own registers appeareth, and followeth by this narration to be sene.

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¶ Iohn Badby Artificer.

MarginaliaIohn Badby martyr.
Ex Regist. Tho. Arundel.
IN the yeare of our Lord. 1409, on Sonday beyng the first day of March, in the after noone: The excommunication followyng of one Iohn Badby Taylour, beyng a lay man, was made in a certaine house or haull within the precinct of the preaching Friers of Londō, in an vtter cloyster: vpon the crime of heresie and other articles, repugnaūt to the determinatiō of the erroneous Church of Rome, before Thomas Arundell Archbyshop of Canterbury and other his assistants, as the Archbyshop of Yorke, of London, of Winchester, of Oxford, of Norwich, of Salisbury, of Bath, of Bangor, Et meneuensis Episcopi, and also Edmūd Duke of Yorke, Thomas Bewford, the Chauncelour of England, Lord de Roos, the Clerke of the rolles, & a great number of other Lordes, both spirituall and temporall being then at the selfe same tyme present: Maister Morgan read the articles of his opinions to the hearers, according as it is conteined in the instrument read by the foresayd M. Morgan, the tenour wherof followeth and in effect is such.

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MarginaliaThe articles read. In the name of God. Amen: Be it manifest to all men by this present publike instrument, that in the yeare after the incarnation of our Lord, accordyng to the course and cōputation of the Church of England, otherwise in the yeare 1409. in the second indictiō, in the third yeare of the Popedome of the most holy father in Christ & Lord, Lord Gregory xj. by the diuine permission Pope, the secōd day of Ianuary, in the Chappell Caruariæ of S. Thomas Martyr, nigh vnto the Cathedrall Church of Worcester, beyng situate in the sayd Dioces, in the presence of me the publicke Notary, and of the witnesses vnder written: the foresayd Iohn Badby a lay man, of the sayd Dioces of Worcester, appearyng personally, before the reuerend father in Christ and Lord, Lord Thomas, by the grace of God Byshop of Worcester, sittyng in þe sayd Chappell for chiefe Iudge, was detected of and vpon the crime of heresie, beyng heretically taught, and openly maintayned by the foresayd Iohn Badby. MarginaliaThe Sacrament of Christes body. That is, that the Sacrament of the body of Christ, consecrated by the Priest vpon the aulter, is not the true body of Christ, by the vertue of the wordes of the Sacrament. But that after the Sacramentall wordes spoken by the Priest to make the body of Christ: the materiall breade doth remaine vpon the aulter as in the begynnyng, neither is it turned into the very body of Christ after the Sacramentall wordes spoken of the Priest. Which Iohn Badby, beyng examined and diligently demaunded by the foresayd reuerēd father cōcernyng the premisses, in the end did aunswere: that it was impossible that any Priest should make the body of Christ, & that he beleued firmely that no Priest could make the body of Christ by such wordes Sacramentally spoken in such sort. And also he sayd expressely, that he would neuer while he liued beleue, that any Priest could make the body of Christ Sacramentally, vnles that first he saw manifestly the like body of Christ to be handled in the handes of the Priest vpon the aulter, in his corporall forme. And furthermore he sayd, that Iohn Rakier of Bristoll had somuch power & authoritie to make the like body of Christ, as any priest had. Moreouer he sayd, that when Christ sat at supper with his disciples: he had not his body in his hand, to the intent to distribute it to his disciples: & he sayd expresly, that he did not this thing. MarginaliaI can not blame ye that ye are so angry, for it was not for your profite. And also he spake many other wordes teachyng and fortifieng the sayd heresie in the same place, both greuous, and also out of order, and horrible to the eares of the hearers, soundyng agaynst the Catholicke fayth.

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Vpon which occasion, the same reuerend father admonished and requested the sayd Iohn Badby oftentimes, and very instantly to charitie: for somuch as he would willingly that he should haue forsaken such heresie and opiniō, holden, taught, and maintayned by him, in such sort agaynst the Sacramēt, to renounce and vtterly abiure them, and to beleue other thyngs which the holy mother the Church doth beleue. And he informed the sayd Iohn on that behalfe both gently, & also laudably. Yet the sayd Iohn Badby, although he were admonished and requested both often and instantly by the sayd reuerend father: sayd and aunswered expressely, that he would neuer beleue otherwise then before he had sayd, taught, and aunswered. Wherupon, the foresayd reuerend father Byshop of Worcester, seyng, vnderstādyng, and perceauyng the foresayd Iohn Badby to maintaine & fortefie the sayd heresie, beyng stubburne, and procedyng in the same stubburnes: pronounced the sayd Iohn to be before this tyme conuicted of such an heresie, & that he hath bene, & is an hereticke, and in the end declared it in these wordes.

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