'Tis true, during the Raign of King Richard the Second we
do not find any burnt to Death for the profession of Religion,
but many were imprison'd, harrass'd, and in great trouble, and
especially William Swinderby a Priest, and Walter Brute a Lay∣man,
but Learned, and a Graduate of the University of Ox∣ford,
the several Articles against whom, and their Answers
thereunto, you may read at large in Foxes Acts and Monu∣ments,
too tedious here to recite; I shall therefore only note,
That John Bishop of Hereford having by solemn sentence denounced
the said Swinderby to be an Heretick, Schismatick, and a false
informer of the People, and to be avoided by all faithful Christians,
He the said Swinderby did thereupon Appeal from such the Bi∣shops
Sentence to the King and Council, by an Instrument under
his hand, which, both in respect of the Matter, and of the
English wherein it is written, being such as was then current,
(now above 280 years ago) I shall trespass so far on the Rea∣ders
patience as to repeat it verbatim.
IN nomine Patris, & Filii, & Spiritûs Sancti, Amen. I Wil∣liam
Swinderby Priest, knowledge openly to all Men, That I was
before the Bishop of Hereford the Third day of October, and be∣fore
many other good Clerk••, to answer to certain Conclusions of the
Faith I was accused of, and mine Answer was this: That if the Bi∣shop
or any Man cou••h•• shew me by God's Law, that my Conclusions
or my Answers were Errour or Heresie, I would be amended, and
openly revoke them before all the people; but they sayden singly with
word, That there was Errours in them, and bidden me subject me
to the Bishop, and put me into his Grace, and revoke mine Errour,
and shewed me nought by God's Law, ne Reason, ne proved which
they weren. And for I would not knowledge me Guilty, so as I knew
no Errour in them, of which I should, therefore the Bishop sate in
Doom in mine absence, and deemed me an Heretick, a Schisma∣tick,
and a teacher of Errours, and denounced me accursed, that I
come not to correction of the Church; and therefore for this unright∣ful
Judgment I appeal to the King's Justices for many other Causes.
One Cause is, For the King's Court in such matter is above the Bi∣shop's
Court; for after the Bishop has accursed, he may not fear by
his Law, but then mote he sech succour of the King's Law, and by a
Writ of Significavit, put a Man in Prison.
The second Cause: For in cause of Heresie there liggeth Judg∣ment