- 24. Item that it is not in the Popes power to graunt to any penitent body forgeuenes of the paine or of the tres∣passe. pag. 466.
- 25 Item that one geuing his almes to any bodye which as he iudgeth hath no neede thereof, doth sinne in so gee∣uyng it. pag. 466.
- 26 Item that it standes not in the power of any prelate, of what priuate religion soeuer he bee, to geue by letters benefites of their order. Neither do such kind of benefits geuen profit them to whom they be geuen for the saluatiō of soules. Vide supra. pag. 466.
- 27 Item that the same William vnmindfull of his owne saluation, hath many times and often resorted to a certain desert wood called Derwalswood of our dioces, and there in a certayne vnhallowed Chappell (nay a prophane cot∣tage) hath presumed of his owne propre rashnesse, to cele∣brate. &c. pag. 466.
- 28 Item the same William hath also presumed to do the like thinges in a certayne prophane chappel, situate in the parke of Newton, nigh to the towne of Leyntwardyn, in the same our dioces. pag. 466.
¶Which thinges being done, the same faithful Christen people, and specially sir Walter Pride the penitentiarie of our Cathedrall Church of Hereforde, personally appea∣ring before vs, sittyng in our iudgement seate in the pa∣rish Church of Whiteborne of our diocesse: brought forth and exhibited two publique instruments against the same Walter Brute, in ye case of cursed heresie aforsaid, of which instrumentes here followeth the tenours and Articles in this sort.
In the name of God Amen. Be it euidently knowē to all persōs by this presēt publike instrumēt: ye in the yeare frō ye incarnatiō, after ye course and cōputation of ye church of England. 1391. the indiction xv. of ye pontifical office of our most holy father and Lord in Christ, Lord Boniface ye ix. by Gods Wisedome Pope, the second yeare the xv. day of ye month of October, in the dwelling house of the wor∣shipful mā maister Iohn Godemoston, Chanon of ye Ca∣thedral Church of Hereford, in the presence of me the pub∣lique Notary vnder written, and of witnesses subscribed: Walter Brute lay man learned, of Hereford dioces, perso∣nally appearing sayde, auouched, and stifly maintayned: that the sayde Bishop of Hereforde and his assistaunces, which were with him the third day of the foresayde month of October, the yeare of our Lord aforesayd, in the Church of Hereford: did naughtely, wickedly, peruersly, and vn∣iustly condemne ye aunsweres of sir William Swinderby Chaplaine, geuen by the same sir William to ye same Lord byshop in wryting, and also the articles ministred by the same sir William.
And furthermore he sayd, held, and aduouched, that the same conclusions geuen by ye same sir Williā, euen as they were geuen, are true and Catholike.
Item, as touching the matters obiected agaynst hym by them that stoode by, concerning the sacrament of ye aul∣ter: he sayd, that after the sacramentall words: there doth remaine very bread, and the substance therof after the cō∣secration of ye body of Christ, and that there do not remain accidencies without substance or subiect after the cōsecra∣tion of the body of Christ. And touching this matter, the doctors holde diuers opinions.
Furthermore as concerning ye Pope, he said, helde, and auouched: that he is the very Antichrist, because y• in lyfe and maners he is contrary to the lawes, doctrines, and deedes of Christ our Lord.
All and euery of these things were done, euen as they be aboue writtē and rehearsed in ye yeare of our Lord, pō∣tificall office, month, day, & place aforesayd, at supper time of the day aforenamed, thē and there being present ye wor∣shipful and discrete men. sir Walter Ramsbury, chiefe chā∣ter of the sayde Cathedrall Church of Hereforde, Roger Hoore Chanon of the same Church, Walter Wall, Chap∣lain of ye said church of Hereford, being a vicar of ye Choral & certaine other worthy witnesses of credit, that were spe∣cially called and desired to ye premisses. Ex Regist. Herford.
And I Richard Lee whelar, clerke of Worcester, being a publike notarye, by ye authoritie Apostolike: was perso∣nally present at all and singuler the premisses, whilest that (as is before rehersed) they were done and a doing, in the yere of our lord. 1391. pontisical office, month, day, place, & ye houre aforesaid: & I did see, write, and heare all and sin∣guler those things thus to bee done, and haue reduced thē into this publike maner and forme: & being desired truely to restifie the premisses, haue sealed the sayde instrument, made hereupon, with mine accustomed scale and name.
In the name of God, Amen. Be it plainly knowē to all persons, by this present publike instrumēt: that in ye yere from the incarnation of the lord after ye course and co••••p••••∣tation of ye church of England. 1391. the indiction fifteene, in the 3. yere of the pontifical office of ye most holy father in Christ, and our Lord, Lord Boniface Pope by the prouy∣dēce of God the 9. & in ye 19. day of the month of Ianuary. Walter Brute layman, of Hereford dioces, personally ap∣pearing before ye reuerēd father in Christ and Lord. Lord Iohn by gods grace B. of Herford, in ye presence of me be∣ing a publike notarie, & one of ye witnesses vnder written: did say, hold, publish, & affirme, ye cōclusiōs hereafter writ∣ten, ye is to say: y• christen people are not boūd to pay tithes neither by the law of Moses, nor by the law of Christ.
Item, that it is not lawful for Christians for any cause in any case, to sweare by ye creator neither by the creature.
Item he confesseth openly and of his owne accord: that within the same month of Ianuary, he did eate, drink, and communicate with William Swinderby, not being igno∣rant of the sentence of the said reuerend father: whereby ye same William Swinderby was pronounced an heretique, schismatique, and a false seducer of the common people. Which conclusions, the same reuerend father caused to bee writtē, and in writing to be deliuered to the same Walter. Which when he had seene and red, he sayd also that he did maintaine and iustifie them according to the lawes afore∣sayd. These thinges were done in the chamber o•• the sayd bishop of Herford, at his manor of Whitborne of the sayde dioces of Hereford: then being there present the same By∣shop abouesaid. M. Reynold of Wolsten, Canon of Here∣ford, sir Phillip Dileske parson of ye parish church of Bla∣murin, Thomas Guldefeld parson of the Church of En∣glisbyknore, Iohn Cresset parson of the church of Whyt∣borne, and Thomas Wallewayne housholde seruant, for witnesses specially called and desired to the premisses of ye dioces of Hereford and S. Asse.
And I Benedict Come clerke of the dioces of S. Asse, publike notary by ye Apostolike authoritie of the dioces of S. Asse, was personally present together with the witnes before named, at all and singuler these and other thinges here premised whilest they were so done and a doing, & did see, heare, & write those things so to be done, as is before mencioned: and did write the same and reduce them into this publike forme, & with my wonted & accustomed seale and name haue sealed it, being desired and required truly to testifie the premisses.
At the last, the aforesaid Walter Brute, did present and cause to be presented to vs (at diuers places and times as∣signed by vs to the same Walter, to aunswere to y• former conclusions and articles) diuers scroules of paper writtē with his owne proper hand, for his aunswers to the same Articles and conclusions aboue written: he partly appea∣ring by his owne selfe, before vs sitting in our iudgement seat, and partly by his messengers, specially appoynted to that purpose: of which scroules, ye tenors do follow in or∣der worde by worde, and be on this maner.
In the name of the father, and of the sonne, and ye holy ghost, Amen: I Walter Brute, sinner, layman, husbādmā & a Christian (hauing mine ofspring of the Brittons, both by my father & mothers side) of the Britons, haue ben ac∣cused to ye B. of Hereford, that I did erre in many matters concerning the catholike Christen fayth: by whō I am re∣quired, y• I should write an aunswere in Latin to all those matters. whose desire I wil satisfie to my power, protes∣ting first of al, before God & before al the world: ye like as it is not my mind through Gods grace, to refuse ye knowē truth, for any reward greater or smaller, yea be it neuer so bigge, nor yet for ye feare of any temporal punishment: euē so it is not my mind to maintain any erroneous doctrine for any cōmodities sake. And if any mā, of what state, sect or condition so euer he be, wil shew me that I erre in my writings or sayings by the authoritie of the sacred scrip∣ture, or by probable reason grounded in ye sacred scripture, I wil humbly and gladly receiue his information. But as for ye bare wordes of any teacher (Christ onely excepted) I wil not simply beleue, except hee shalbe able to stablish thē by the truth of experience, or of the Scripture: for because, that in the holy Apostles elected by Christ, there hath beue foūd errour by the testimony of the holy scripture, because that Paule himselfe doth cōfesse that he rebuked Peter, for that he was worthy to be rebuked, Galat. the 2. Chapiter. There hath ben errors foūd in the holy doctors, that haue ben before vs, as they themselues confesse of them selues. And oftentimes it falleth out, that there is error founde in the teachers in our age: who are of contrary opinions a∣mong themselues, and s••me of them do sometimes deter∣mine