Actes and monuments of matters most speciall and memorable, happenyng in the Church. [vol. 1] with an vniuersall history of the same, wherein is set forth at large the whole race and course of the Church, from the primitiue age to these latter tymes of ours, with the bloudy times, horrible troubles, and great persecutions agaynst the true martyrs of Christ, sought and wrought as well by heathen emperours, as nowe lately practised by Romish prelates, especially in this realme of England and Scotland. Newly reuised and recognised, partly also augmented, and now the fourth time agayne published and recommended to the studious reader, by the author (through the helpe of Christ our Lord) Iohn Foxe, which desireth thee good reader to helpe him with thy prayer.

¶ Further examinations and procedings against the foresayd Nich. Herford, Phillip Reppin∣don, and Io. Aishton.

WHen all these answers were made vnto the said lord Archb. of Canterb. the sayde Nicholas and Phillip, for that they aunswered not vnto the meaning and words of the first conclusion expresly: but contrary to the sense of the decretall Firmiter credimus, were there iudicially exami∣ned what their sense and meaning was, but they wold not expresse the same. Then was it demaunded of them accor∣ding to the sense of the same conclusion declared on the be∣halfe of the sayd Lord of Cant. whether the same materiall bread in numero, whych before the consecration is laid vp∣on the aulter, remaine in the proper substance and nature, after the consecration in the Sacrament of the aulter, and likewise of the wine? To this the said Nicholas & Phillip aunswered, that for y^t time they could say no more therein, then that they had already aunswered, as is afore alledged in writing. And for that vnto the sence and wordes of the second conclusion they aunswered not fully and expresly, but in a sence contrary to the Decretall Cum Marthe, beyng asked what was y^e meaning, would not expresse the same. Therfore it was demanded of them according to the sense of the same conclusion, declared in the behalfe of the sayde Lord of Caunterbury, whether those corporall accidences which formally were in the bread and wine before the cō∣secration of them: after the consecration were in the same bread and wine, or els were subiected in anye other sub∣staunce? To this they aunswered, that better to answere, then before in theyr writinges they already had, for that time they could not. To the meaning also and wordes of the third conclusion, for that they aunswered not playnly and expresly, but in sense contrary to the decretall in the Clementines Si dudum, being asked what was that sense and meaning, woulde not declare the same: Wherefore it was then demaunded of them according to the sense of the same conclusion, declared on the behalfe of the sayd Lorde of Canterbury. Whither the same body of Christ whiche was assumpted of the Uirgine, be in the sacrament of the aulter, secundum se ipsum, euen as he is really in carnall substance, proper essence, and nature. To this they aun∣swered, that for that time they could say no more then that they had sayd, as before is specified in writing.

Furthermore, to the sense and text of the sixt conclusi∣on, for that they aunswered not fully and expresly, beyng asked whether God ought any maner of obedience to the Deuill or not: they said yea, as the obedience of loue, be∣cause he loueth him, and punished him as he ought. And to proue that God ought so to obey the deuill, they offered themselues to the fire.

To the 11. conclusion, for that they aunswered not ex∣presly, being asked whither a prelate might excommuni∣cate any man being in the state of grace: said yea.

Unto the 20. cōclusion, for that they answered not ful∣ly, simply, and expresly, being demaunded whether special or genenerall prayers did most profit, and were of greater force? They would not say but that speciall.

Unto the last conclusion, for that they aunswered ney∣ther simply nor expresly, and being demanded particular∣ly, whether any frier were bounde to get his liuing wyth his manuall labour, so that it might not be lawfull for them to liue by begging? They would make no aunswere at all.

After that, the foresaid Lord Archb. of Cant. demaun∣ded of all the foresaid Doctors, what their iudgement was touching the answeres that were made vpon all & singu∣ler such conclusions. All which doctors and euery of them seuerally, sayd: y^e there all the answeres geuen vnto the first second, third, and sixt cōclusions (as is before recited) were insufficient, hereticall and subtill, and that all the answeres made specially to the tenth, ninth, and last conclusions, as is aboue mentioned: were insufficiēt, erroneous and per∣uerse. Whereupon the Lord sayd Archbishop of Caunter∣bury, considering the sayd aunsweres to be hereticall, sub∣till, erroneous and peruerse, accordingly as the said Doc∣tors (as is aforesayd) had wayed and considered: admoni∣shed the said Nicholas and Phillip sufficiently▪ vnder these forme of wordes.

The name of Christ being called vpon: we William by Gods permission, Archbishop of Canterbury, Metropo∣politane of al England, and Legate of the Apostolique see, and through all our prouince of Caunterbury, Inquisitor of all heretical prauitie: do sufficiently and lawfully admo∣nish and cite you Nicholas Herford and Phillip Reping∣don professors of Diuinitie, hauing this day and place as∣signed you by your own consent and our prefictiō, perem∣ptorily to answere and to say, fully and playnely your opi∣nions touching these conclusions wherunto we do referre you (all subtill, sophisticall, and Logicall wordes set apart) being therunto sworne, cited, & commanded: Which thyng to do, without cause reasonable or any licence geuen there∣unto, you neither haue bene willing nor are willing, nay rather ye contemptuously refused to aunswere to some of those conclusions before vs iudicially, according to the ef∣fect of our monition, citation and commaundement before sayd. But for that, ye haue aunswered vnto some of them heretically, and to other some erroneously, although not fully, we admonish and cite you once, twice, and thrice, and that peremtorily: that plainely and fully (all subtile, sophi∣sticall and logicall wordes set apart) you and euery of you answer vnto the same conclusions, and vnto that sense and meaning by vs limitted: vnder the payne that otherwise such conclusions deserue by you confessed, and that for the same conclusions you ought to haue.

Which admonition being made and done, for that the foresayd Nicholas and Phillip woulde make none other answere: The said Lord archbish. of Caunterbury conclu∣ded that busines, prefixing and assigning vnto the foresayd Nichalas and Phillip 8. dayes space, that is to say, vntill the 27. day of the same month: And that then they shoulde appeare before the sayd Lord Archbishop of Canterbury whersoeuer within the same his prouince of Caunterbury hee shoulde fortune to be, to heare his decree that shoulde be made in that behalfe. This done, the foresayd Archbish. of Caunterbury, monished and cited lawfully and suffici∣ently, Iohn Aishton vnder the the tenour of these wordes following.

In the name of God: we William by Gods permissiō, Archb. of Cant. Primate of all England, Legate of the see Apostolicall, and through all our prouince of Cant. of all heretical prauitie chiefe Inquisitour: do monish & cite thee, Iohn Asheton maister of arte, and student in diuinitie ap∣pearing before vs, iudicially to say and speake the playne veritie touching these conclusions to the which we doe re∣ferre thee: and to the which we haue caused thee to sweare, laying thy hand vpon a booke: as being also otherwise by vs admonished and commaunded to keepe this daye and place by vs appointed, for the third time peremptorily, to propone such reasonable cause (if thou hast any) wherefore thou oughtest not to be pronounced an hereticke. And suf∣ficiently and lawfully we monish and cite thee, the first, se∣cond and third time, and that peremptorily, that thou, ful∣ly and playnely (all subtill, sophisticall, and logicall wordes for apart) doe aunswere vnto the same conclusions, vnder the payne that vnto such conclusions belong & on thy part confessed, and that thou for suche conclusions oughtest to suffer whiche monition, being thus premised: The sayde Archbishop read the first conclusion, and of the sayd Iohn inquired what was his opinion and meaning therein, and hereupon he said his minde conce••ning the foresayd moni∣tion. Then, the foresaid Iohn Asheton being often requi∣red by the archbishop that he woulde aunswere in the ••a∣••me tongue to 〈◊〉〈◊〉 questions whi••h were demaunded of him, because 〈◊〉〈◊〉 lay people that stood about him: he cry∣ing out into the Englishe tongue, vttered friuolous and approbrious 〈◊〉〈◊〉 to 〈◊〉〈◊〉 and excite the people against the sa•••• Archbishop as it should seem. Neyther did he vnto the fi••st con••lusion nor vnto any of these other con∣clusions, effectually and pertinently seeme to them to aun∣swere: but rather by the subtilties, & shiftes, saying often∣times and as expresly as Luke said, it was sufficiēt for him to beleue as the holy Church beleued. Then the said Arch∣bishop examined him vpon the first conclusion touching y^e Sacrament of the an••••r: whether, that after the wordes of consecration, there remayneth materiall bread particular bread, or vniuersall bread? He sayde the matter passed his vnderstanding, and therefore said the woulde in that forme and maner aunswere and otherwise not. But amongest o∣ther things, he spake in deriding wise vnto the said Archb. against this worde Materiall, saying, you may put that in your purse if you haue any. Whereupon the said Archbi∣shop, calling that an vnwise and foolishe aunswere as the rest of the doctors did (of whome mention was made be∣fore) rather for that he was a graduat in the schooles, far∣ther proceeded against the said Iohn Asheton in this wise.

And thou Iohn Asheton monished and commaunded by vs as is aforesayd, after thine oth taken: without anye reasonable cause or any other other licence, neither woul∣dest thou nor yet will, but refused and yet doest contemptu∣ously, to aunswere vnto such conclusions before vs, iudici∣ally according to our monition & commandement aforesad doe hold all such conclusions by thee confessed, & thee the foresaid Iohn with all thy said conclusions, conuicted. And therfore we do pronounce and declare by sentence geuing, that thou Iohn Ashton cōcerning those cōclusions, which by vs with good deliberation of diuers prelates our suffra∣ganes, and also diuers and sondry professours of diuinitie, and other wise men and learned in the lawe according to y^e Canonicall sanctions, being condemned and declared for an hereticke and hereticall: to haue bene and still is, an he∣reticke, and thy conclusions heretical. And as touching thy other conclusions by vs hertofore counted erroneous, and for erroneous condemned: we doe pronounce and declare sententially by these our writinges, that both thou hast er∣red and doest erre.

Upon the same 20. day of Iune in the yeare and place aboue recited: the foresaid Lord of Caunterbury being de∣sirous, as he pretended to be informed by Thomas Hilmā bacheler of diuinitie there being present and somewhat fa∣uouring the said M. Iohn Asheton what his iudgement & opinion was touching y^e foresaid conclusions: prefixed and assigned vnto the said Thomas (for that time demaunding the same deliberation and day) 8. dayes after, that is to say, the 28. of the said month: that he appeare before the Bishop of Cant. wheresoeuer within his said prouince of Canter∣bury, he should then happen to be, to declare playnely and fully what his iudgement and opinion was, touching the foresaid conclusions. Ex Regist W. Courtney.

The names of Friers and Doctors assistent at the examination aforesaid.

• Friers Obseruantes, Botlesham B. of Nauaton, frier Iohn Langley, William Suard.
• Friers of Dominickes order, Iohn Kyngham, Iohn Louey, Peter Stokes, Walter Dish.
• Friers Carmelites, Thomas Ashburn, Baukine, Ro∣bert Walbey.
• Doctors and Fryers Augustines, M. Iohn Barnet, M. Thomas Backton, M. Iohn Blanchard, M. Iohn Shillingford, M. Lydford, M. Thomas Southam.

The Friday next following, that is to say, the 28. day of Iune: the foresaid M. Nicholas, Phillip, and Thom. Hil∣man, appeared before the said Archb. and lord Inquisitour of Canterbury, in the chappell of his manor of Otfurd, in

the Dioces of Canterbury, there sitting in his Tribunall seat. To whom the sayd bishop of Canterbury saying, that for because at that time he had not the presence & assistence of the doctors in diuinitie, and of the Canon and ciuil law: He continued the sayd busines touching the sayd Nicholas Phillip, and Thomas, in the same state wherin thē it was till Tewesday next & immediately ensuing: that is to say, the first day of Iuly, the yeare of the Lord abouesayd, and prefixed vnto the said Nicholas, Phillip, and Thomas Hilman the same day to appeare before him, wheresoeuer within his prouince of Caunterb. he should then chaunce to be, to do that whiche vppon the sayd 28. day, they were purposed to doe together or a part.

Which Tuesday being come, the foresaid Archb. in the chiefe house of his Churche at Canterbury, before the houre of 9. with the doctours, whose names are vnder conteined and other Clerkes a great multitude: Expected the fore∣said Nicholas, Phillip, and Thomas, long••ime by the be∣dle calling them and looking after them. who neuerthelesse appeared not before two of the clocke after dinner the same day, continuing the foresayd busines in the pristine state til the same houre. At which houre the foresaid Archbishop of Cant. hauing assistentes, the doctors, & clerkes, vnder re∣cited: examined the foresayd maister Thomas Hilman, thē and there iudicially appearing, what his opiniō was tou∣ching the foresayd conclusions: who at them and the mea∣ning of them somewhat stammering, at last, to all and sin∣guler the same conclusions then to him red and expounded thus aunswered. I suppose and iudge all & singuler those conclusions lately condemned by my Lord of Canterbury that now is, together with the coūsaile and consent of hys clerkes, to be hereticall and erroneous, euē as the same my Lord of Caunterbury, and other doctours of Diuinitie of the Canon and ciuill law, by common consent & counsaile haue supposed and thought. And that the same (being for hereesies and errours as before is sayd condemned) doe as much as in me is condemne: protesting that I will holde and affirme the contrary of those cōclusions, & in the same sayth liue and dye. Then sayd the archbishop of Caunter∣bury, then & there sitting as Tribunall or iudge, pronoun∣cing the said maisters Nicholas and Phillip (long in court called before and taried for, and yet not appearing) guilty of contumacy and disobedience: excommunicated them for the penaltie of this their cōtumacie, in tenor of these words following.

We William by the grace of God archbishop of Caun∣terbury, Primate of Englande, Legate of the Apostolicall see, and thorough all our prouince of Canterbury, of al he∣reticall prauitie chiefe Inquisitour: Do pronounce maister Nicholas Herford, and maister Phillip Repingdon, pro∣fessours of diuinitie, hauing this day and place by our pre∣fiction appoynted to heart & decree in this busines of here∣ticall prauitie (being in Court by our Bedle long called & taried for, and yet not appearing) to be stubburne and diso∣bedient persons: and for the penalty of this their contuma∣cie, we do excommunicate them and either of them by these presentes.

* The denouncing of the excommunication a∣gaynst Nicholas Herford, and Phillip Reppington.

WIlliam by Gods permission Archb. of Caunterb. &c. To our beloued sonne in Christ, whosoeuer he be, y^t this instaunt sonday shall preach at Paules crosse in Lon∣don, Salutatiō, grace and blessing. For asmuch as we pre∣fixed a certaine competent day and place to maister Nicho∣les Herford, and maister Phillip Reppingtō, Canon Re∣gular of the Monastery of our Lady of Leicester, beyng Doctours of Diuinitie and of heretical prauitie, vehemēt∣ly suspected: After certayne aunsweres not fully made, but impertinently and nothing to the purpose, as also hereti∣call and erroneous: In diuers places of our said prouince commonly, generally, and publikely taught and preached, and therfore that they should iudicially appeare before vs, to doe & to receaue peremtorily in that behalfe, what thing soeuer the quallitie of that busines shoulde moue vnto vs: and that we haue for their contumacie in not appearing before vs at that day and place iudicially appoynted as right therein required: We by these presentes commaund & commit vnto you, firmely enioyning you, that when all the multitude of people shalbe gathered together to heare your sermō: that in the day and place appoynted, you pub∣likely and solemnly denoūce the foresaid Nicholas & Phil∣lip, holding vp a crosse, and lighting vp a candle, and then throwing downe the same vpon the ground, to haue bene so and in such maner excommunicated and still be.

Fare ye well.

In our Manour house at Lambeth, the 13. day of Iuly, the yeare of our Lord. 1382. and first yeare of our translation.

* The Citation agaynst the sayd Nicho∣las and Phillip.

WIlliam by the grace of God. &c. To our welbeloued sonne M. Robbert Rigge chauncellour of the Vniuersitie of Ox∣ford salutation &c. For as muche as we haue prefixed a compe∣tent day and place to M Nicholas Heerford, and M. Phillip Rep∣pington &c. as before. We straightly charge and commaund you that you publiquely and solemnly denounce in the church of our Lady, and in the scholes of the Vniuersity, the foresayd Nicholas and Phillip, to haue bene by vs excommunicated and still is. And that you further cite or cause to be cited peremptorily, the fore∣sayd Nicholas and Phillip, that they and euery of them appeare before vs within 15. dayes after the date of this citation, whereso∣euer it shall fortune vs, within our sayd prouince of Caunterbu∣ry then to be: To heare and see how we meane to proceed against them, and euery of them concerning the foresayd hereticall and erroneous conclusions, according to the forme of retroactions and quallitie of the busines in this behalfe had and vsed. And that both of the day of the receipt of this present citation, of the ma∣ner and forme thereof, or if that you shall apprehend by personall citation the sayd Nicholas and Phillip or either of them, or whi∣ther they shall be absent and hide themselues, as of euery thing els which in this behalfe you shall thinke meete to be done: that be∣tweene this and the feast of S Laurence, you clerely certifie vs by your letters patentes contayning the effect of these thinges.

Fare ye well.

At our Manour of Lam∣beth the 13. day of Iuly, the yeare of our Lord. 1382. and first yeare of our translation.

* The names of the Doctours and Fryers assistentes at this sitting.

• Seculars, M. William Blankpayne. M. Wil. Barton.
• Friers Carmelits, Robert Euery prior, Iohn Renin∣gham, prior, and Iohn Lunne.
• Friors Minors, William Barnwel, Iohn Ryddin, and William Brunscombe.
• Friers Augustines, Iohn Court, Patrington, Tom∣son and Reepes.

Against this blind excommunication of the said archb. the parties excommunicate, commēced and exhibited their appeale vnto the bishop of Rome. Which appeale of theirs as insufficient, or rather to him vnpleasaunt, the said arch∣bishop vtterly reiected (as might oftētimes ouercommeth right) proceeding in his preconceaued excommunication against thē, and writing moreouer his letters to hym that should preach next at Paules crosse, as is aforesaid, to de∣nounce and to publishe openly the said Nicholas Herford, and Phillip Repington to be excommunicate, for that not appearing and theyr terme assigned. Which was in the 13. day of the month of Iuly.

Which archbishop moreouer the said yeare, month and day aforesaid, sent also an other letter to M. Rigge Com∣missary of Oxford, straightly enioyning and charging him not onely to denounce the sayd sentence of excommunica∣tion, and to geue out publique citation against them, but also to make dilligent search and inquisition through all Oxford for them, to haue them apprehended and sent vp to him, personally before him to appeare, at a certain day pre∣scribed for the same. Wherby may appeare howe busie this Bish. was in disquieting & persecuting these poremē, whō rather he should haue nourished and cherished vs his bre∣thren. But as his labour is past, so his reward will follow at what day the great Archbishop of our soules, shall iudi∣cially appeare in his tribunall seat, to iudge both the quick and the dead.

The archb. yet not contented with this, doth moreo∣uer by all meanes possible, sollicite the king to ioyne with∣all, the power of his temporall sword, for that he well per∣ceaued, that hitherto as yet the popishe Clergy had no au∣thoritie sufficient by any publique law or Statute of thys land to proceede vnto death against anye person whatsoe∣uer, in case of Religion, but onely by the vsurped tyranny and example of the court of Rome. Where note (gentle rea∣der) for thy better vnderstanding the practise of the romish prelates in seeking the kinges help to further their bloudy purpose against the good saintes of God. Which king being but young and vnder yeares of ripe iudgement partly en∣duced or rather seduced by importune suite of the foresayd

Archbishop, partly also eyther for feare of the Bishoppes (for kings cannot alwayes doe in their realmes what they will) or els perhaps entised by some hope of subsidie to be gathered by the Clergy was contented to adioyne his pri∣uate assent (such as it was) to the setting downe of an or∣dinaunce which was in deede the very first lawe that is to be found made against Religion and the professors thereof bearing the name of an Acre made in the Parliament hol∣den at Westminster Anno. 5. Rich. 2. where among sun∣dry other Statutes then published and yet remayning in the printed bookes of Statutes, this supposed Statute is to be found Cap. 5. & vltimo. as followeth.

Item forasmuch as, it is openly knowne that there be diuerse euill persons within the realme going from county to countie and from Towne to Towne in certayne habites vnder dissimulation of great holinesse and without the li∣cence of the ordinaries of the places or other sufficient au∣thoritie, preaching dayly not onely in Churches & church∣yardes, but also in markets, fayres, and other open places where a great congregation of people is (diuers sermons contayning heresies and notorious errours to the great emblemishing of Christen fayth and destruction of the lawes, and of the estate of holy Churche to the great perill of the soules of the people and of all the realme of England as more plainly is found and sufficiently proued before the reuerend father in God the Archbishop of Caunterbury and the bishops and other prelates maisters of Diuinitie, and doctors of Canon & of ciuil law, and a great part of the clergy of the said Realme specially assembled for this great cause, which persons do also preach diuers matters of slan∣der to engender discorde and discention betwixt diuers e∣states of the said realme as well spirituall as temporall, in exciting of the people to the great perill of all the Realme, which preachers cited or summoned before the ordinaries of the places thereto: aunswere of that whereof they be im∣peached, they will not obey to their sommons & comman∣dementes, nor care not for their monitions nor censures of the holy Church, but expressely despise them. And moreo∣uer by their subtile and ingenious wordes doe drawe the people to heare theire Sermons, and doe mayntayne them in their errours by strong hand and by great rowtes It is ordayned & assented in this present parliament, that the kinges commissions be made and directed to the She∣riffes and other ministers of our soueraigne Lord the king or other sufficiēt persons learned, and according to the cer∣tifications of the prelates therof to be made in the Chaun∣cery from time to time to arest all such preachers, and also their fautours, mayntaynours, and abbertours, and doe hold them in arrest and strong prison till they wil iustify to them according to the law and reason of holy Church. And the king will and commaund that the Chauncellour make such commissions at all times that he by the Prelates or a∣ny of them shalbee certified and thereof required as is a∣foresaid.

Notes

• Farther ex∣amination•• against the sayd Nic. Phil. and Iohn. Nic. Her∣ford. Phil. Re∣pington. Iohn Ashe∣ton, exami∣ned. 20. Iunij. an. 2382.
• The iudge∣ment of the ••••to••s vp∣•••• these 〈◊〉〈◊〉.
• Admoniti∣on and cita∣on of the Archb. a∣gainst the ••••minates.
• An other day assigned for the exa∣minates to ••ppeare.
• Pr••cesse ••ade by the Archb. a∣ga••nst Iohn Asheton.
• I. Asheton seue∣rally examined.
• The Archb. and his Friers d••e flee the English tongue for the people.
• Whether mate∣riall bread re∣maineth the sa∣crament.
• M. Tho. Hilman suspected to be a fauourer of I. Asheton. The 20. day of Iune.
• Dayes geuen to Tho. Hilman to answere.
• 28. day of Iune. an. 1312.
• The 1. day of Iu∣ly, an 1312.
• The answere of Tho. Hilman.
• Nic. Hereford and Phil. Re∣pington for not appearing ex∣communicated.
• Excommunica∣tion pronoun∣ced by the Archbishop.
• The 12. day of Iuly. an. 1382. Excommunica∣tion to be de∣nounced at Paules crosse.
• The excom∣munication of Herforde & Reping∣ton, denoū∣ced at Pauls crosse.
• Xiij. day of Iuly. anno. 1382. Other let∣ters of the Archb. sent to the Ch••••∣cellour of Oxford.
• Hitherto no lawe to burne any man for re∣ligion.
• The K. cir∣cumuented by the arch∣byshop.
• The first law to be ••••and prac∣tised by the clergy for burning the professours of religion. An. 5. R. se∣c••nd••. This statute was made by the cler∣gie without consent or knowledge of the com∣mons.
• Note that this statute was repea∣led after∣wardes at the instance of the com∣mons.