¶ The sentence.
THe which schedule afore mencioned,* 1.1 with the cōtentes thereof diligently of vs perused, we considering y• dis∣eases which be not easely cured wt gētle remedy, must haue harder playsters. Cōsidering moreouer these his articles with his aunswers to ye same, & to other articles also last∣ly against him produced, first mature deliberatiō had be∣fore vpon ye whole matter wt the foresaid masters & Doc∣tors, as wel secular as regular, to a great number, obser∣uing in the same al thinges to be obserued in this behalfe, haue geuē sentēce against ye said w. in forme as foloweth.
The name of Christ being inuocated, we Iohn, by the permission of God,* 1.2 Bishop of Hereford, sitting in tribu∣nal seate, hauing God before our eyes, weying & cōside∣ring ye articles by the foresaid faithfull Christians put vp against y• said Swinderby, pretēding himselfe to be priest, with his aunswers vpō the same, Actis & Actitatis before vs in the cause of hereticall peruersitie, with mature deli∣beration had before in this behalfe, with masters & doc∣tours of diuinitie, and also of other faculties, with their counsel and cōsent: Do pronounce, decree, and declare the sayd w. to haue bene and to be an hereticke, scismaticke, and a false informer of the people, & such as is to be auoi∣ded of faithfull Christians. wherefore we admonish, vn∣der y• paine of the law, all & singular Christians, of what sex, state, condition, or preeminence soeuer: yt neither they, nor any of thē wtin our dioces, or any other, do beleue, re∣ceaue, defend, or fauor ye said w. til he shal deserue fully to be reconciled to the bosome againe of holy Church.
¶ The appeale of W. Swynderby from this sen∣tence of the Bishop prefixed, vnto the king and his counsaile.
IN nomine patris,* 2.1 et filij, et spiritus sancti, Amen. I. W. Swynderby priest, knowledge openly to al men, that I was before the Bishop of Hereford, the thirde day of Oc∣tober, and before many other good clerkes, to aunswer to certaine conclusions of ye faith that I was accused of. And mine aunswere was this, that if the Bishop or any man couthe shew me by Gods law, y• my conclusions or mine aunsweres were errour or heresie, I would be amended, and openly reuoke them before al ye people.* 2.2 Knowes in any of my conclusions, but sayden singly with word, that there was errours in them, and bidden me subiect me to ye Bishop, & put me into his grace & reuoke mine errour, and shewed me nought by Gods law ne reasō, ne proued which they weren. And for I would not knowledge mee guiltie, so as I knew no errour in thē, of which I should be guilty, therfore ye Byshop sate in dome in mine absēce, and deemed me an heriticke, a schismaticke, and a teacher of errours, and denounced me accursed, that I come not to correction of ye Church. And therefore for this vnright∣full iugement, I appeale to the kinges Iustices for many other causes.
One cause is, for the kynges Court, in such matter is aboue the Byshops court:* 2.3 For after that the Byshop has accursed, he may no feare by his law, but thē mote he sech succour of the kinges law, and by a writ of Significauit, put a man in prison.
The second cause is, for in cause of heresie there liggeth iudgement of death, & that dome may not be geuen with∣out the kinges Iustices. For the Byshop will say: Nobis non licet interficere quenquam, That is: It is not lawfull for vs to kill anye man: as they sayden to Pilate, when Christ should be deemed. And for I thinke that no Iustice wil geue sodenly & vntrue dome as the Byshop did, and therfore openly I appeale to hem and send my conclusiōs to the Knightes of the Parliament, to be shewed to the Lordes, and to be taken to the Iustices, to be wel auiset or that they geuen dome.
The thirde cause is,* 2.4 for it was a false dome: for no man is an hereticke, but he, that maisterfully defends his error or heresie and stifly maintaines it. And mine aūswere has ben alway cōditional, as ye people openly knows, for euer I say, & yet say & alway will: that if they ca••nen shew me by Gods law that I haue erret, I wil gladly ben amēdet, and reuoke mine errours and so I am no hereticke, ne ne∣uer more in Gods grace will ben en no wise.
The fourth cause is.* 2.5 For the Bishops lawe, that they deme men by, is full of errours and heresies, contrary to ye truth of Christes law of the Gospell.
For there as Christs law biddes vs loue our enemies, the Popes law geues vs leaue to hate them & to sley them, and grauntes men pardon to werren againe heathē men, and sley hem. And there as Christes lawe teache vs to be