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priue thee of all power and authority of cele brating the masse, and also wee pull from thy backe the casule, and take from thee the vestiment, and depriue thee of all manner of priestly honor. Also we Thomas the aforesaid archbishop by authoritie, counsell, and assent, which vpon the foresaid William we haue being deacon pretensed, in the habit and ap
tion, and actuall deposing of the said William Sautre, as refallen into heresie and as incorrigible, according to the Sentence definitiue put in writing, the tenor whereof is in words as followeth. "In the name of God, amen. We Thomas by the grace of God archbishop of Canturbury, legate of the Sea apostolicall, and Metropolitane of all England, doe find and declare that thou William Sautre, other-parell of a deacon, hauing the new Testament wise called Chautris priest, by vs with the in thy hands, being an heretike, and twice fal- : counsell and assent of all and singular our len, condemned by sentence as is aforesaid, fellow brethren and whole clergie, by this our doe degrade and put thee from the order of a sentence definitiue declared in writing, hast deacon. And in token of this thy degradation beene for heresie conuict and condemned, and and actuall deposition we take from thee the art (being againe fallen into heresie) to be de- booke of the new Testament, and the stole, and posed and degraded by these presents."-And doe depriue thee of all authoritie in reading of from that day being Wednesday there was in the gospell, and of all and all manner of dignithe said councell prouinciall nothing further tie of a deacon.-Item, we Thomas archbishop prosecuted, but was continued with all depen- aforesaid, by authoritie, counsell, and assent, dents till the Friday next ensuing. Which Friday which ouer thee the foresaid William we haue,· approching, master Nicholas Rishton, by the being a subdeacon pretensed, in the habit and commandement of the said archbishop of Can- vestiment of a subdeacon, an heretike, and turbury, being then busied, as he said, in the twice fallen, condemned by sentence, as is parliament house, continued this councell and aforesaid, doe degrade and put thee from the conuocation with all incidents, dependents, order of a subdeacon; and, in token of this thy and occasions, growing and annexed there- degradation and actuall deposition, wee take unto, to the next day, to wit, Saturday next and from thee the albe and inaniple, and do deimmediately after ensuing. Vpon Saturday, priue thee of all and all manner of subdiaconicall being the 26th of the said month of Februarie, dignity.-Also, we Thomas archbishop aforethe foresaid archbishop of Canturbury sate in said, by counsell, assent and authoritie which the bishops seat of the foresaid church of St. wee haue ouer thee the foresaid William, an Paul in London, and solemnly apparelled in acolyte pretensed, wearing the habite of an his pontifical attire, sitting with him as his acolyte, and heretike, twice fallen, by our senassistants these reuerend fathers and bishops, tence, as is aforesaid, condemned, doe degrade of London, Lincolne, Hereford, Exeter, Me- and put from thee all order of an acolyte; and neuensis & Roffensis Episcopi, aboue mentioned, in signe and token of this thy degradation, and commanded and caused the said sir William | actuall deposition, we take from thee the canSautre, apparelled in priestly vestments, to beedlestick and taper, and also vrceolum, and brought and appeare before him. That done, doe deprive thee of all and all manner dignitie he declared and expounded in English to all of an acolyte.-Also we Thomas archbishop the clergy and people there in a great multi- aforesaid, by assent, counsell, and authoritie, tude assembled; that all processe was finished which vpon thee the foresaid William wee and ended against the said sir William Sautre. haue, an exorcist pretensed, in the habite of Which thing finished, before the pronouncing an exorcist or holy water clerke, being an hereof the said sentence of the relapse against the tike, twice fallen, and by our sentence as is said sir William, as is premised, he often then aforesaid, condemned, doe degrade and deand there recited and read. And for that hee pose thee from the order of an exorcist; and, saw the said William in that behalfe nothing in token of this thy degradation and actuall abashed; hee proceeded to his degradation deposition, we take from thee the booke of conand actuall deposition in forme as followeth. iurations, and doe depriue thee of all and singular dignitie of an exorcist.—Also, we Thomas archbishop aforesaid, by assent, counsell, and authoritie, as is abouesaid, do degrade and depose thee the foresaid William, reader pretensed, clothed in the habite of a reader, an heretik, twice fallen, and by our sentence, as is aforesaid, condemned, from the order of a reader; and, in token of this thy degradation and actuall deposition, we take from thee the booke of the diuine lections (that is, the booke of the church legend) and doe depriue thee of all and singular manner of dignity of such a reader. Item, we Thomas archbishop of Canturburie aforesaid, by authoritie, counsell, and assent, the which we haue, as is aforesaid, doe degrade, and put thee the foresaid William Sautre, sexton pretensed, in the habite of
"In nomine Patris, & Filij & Spiritus Sancti. We Thomas by Gods permission archbishop of Canturbury, primate of all England, and Legate of the apostolike sea, doe denounce thee William Sautre, otherwise called Chautris, chaplaine fained, in the habite and apparell of a priest, as an heretike, and one refallen into heresie, by this our sentence definitiue, by counsell, assent, and authoritie to be condemned; and by conclusion of all our fellow brethren, fellow bishops, prelates, councell prouinciall, and of the whole clergy, doe degrade and depriue thee of thy priestly order. And in signe of degradation and actuall deposition from thy priestly dignitie, for thine incorrigibilitie and want of amendment, we take from thee the patent and chalice, and doe de
sexton, and wearing a surplice, being an heretike, twice fallen, by our sentence definitiue condemned, as aforesaid, from the order of a sexton: and, in token of this thy degradation and actuall deposition, for the causes aforesaid, wee take from thee the keyes of the church doore, and thy surplice, and do depriue thee of all and singular manner of commodities of a doore keeper. And also, by the authoritie of omnipotent God the father, the sonne, and holy Ghost, and by our authoritie, counsell, and assent of our whole councell prouinciall aboue written, we doe degrade thee, and depose thee, being here personally present, before vs, from orders, benefices, priuiledges and habite in the church; and for thy pertinacie incorrigible wee doe degrade thee before the secular court of the high constable and marshall of England, being personally present; and doe depose thee from all and singular clerkely honors and dignities whatsoeuer by these writings. Also, in token of thy degradation and deposition, here actually wee haue caused thy crowne and ecclesiasticall tonsure in our presence to be rased away, and utterly to be abolished, like vnto the forme of a secular lay man; and here we doe put vpon the head of thee the foresaid William the cap of a lay secular person; beseeching the court aforesaid, that they will receiue fauourably the said William vnto them thus recommitted."-Thus William Sautre the seruant of Christ, being vtterly thrust out of the popes kingdome, and metamorphosed from a clerke to a secular lay man, was committed (as ye haue heard) vnto the secular power. Which so done, the bishops, yet not herewith contented, cease not to call upon the king, to cause him to be brought forth to speedie execution. Whereupon the king, readie enough and too much to gratifie the clergy, and to retaine their fauours, directeth out a terrible decree against the said William Sautre, and sent it to the maior and sheriffes of London to be put in execution; the tenor whereof here vnder ensueth.
The Decree of the King against William
of the clergie, decreeing to leaue him vnto the secular power; and hath really so left him, according to the lawes and canonicall sanctions set forth in this behalfe, and also that our holy mother the church hath no further to doe in the premises; we therefore being zealous in religion, and reuerent louers of the catholike faith, willing and minding to maintaine and defend the holy church, and the lawes and liberties of the same, to roote all such errors and heresies out of our kingdome of England, and with condigne punishment to correct and punish all heretikes or such as be conuict; prouided alwayes that both according to the law of God and man, and the canonicall institutions in this behalfe accustomed, such heretikes conuict and condemned in forme aforesaid ought to be burned with fire: We command you as straitly as we may, or can, firmely enioyning you that you doe cause the said William, being in your custodie, in some publike or open place within the liberties of your citie aforesaid (the cause aforesaid being published vnto the people) to he put into the fire, and there in the same fire really to bee burned, to the great horror of his offence, and the manifest example of other christians. Faile not in the execution bereof, vpon the perill that will fall thercupon: Teste rege, apud Westm. 26 Febr. an. regni, sui. 2do."
Note. This writ De Hæretico Comburendo, for burning Sawtre seems to be a special act of parliament made for that purpose, being tested per Regem et concilium in parliamento, which is to be intended of an act of parliament, see 8 Coke's Rep. 19, a. Prince's case, 1 Hale's P. C. 396. 709.-The two first statutes re|lating to heresy are those here mentioned by Fox 5 R. 3. C. 5, enacting that sheriffs and other civil officers should apprehend and im prison persons suspected of heresy in order to their being tried by Holy Church, and 2 Henry 4. cap. 15. impowering every diocesan to imprison persons suspected of heresy in their respective dioceses, and try them (so that such diocesan proceeded judicially and openly against such persons), and where any person was con*The Decree of our soueraigne lord the King victed, he might be imprisoned at the discretion and bis councell in the parliament, against a of the ordinary; or, if the party refused to abcertaine new sprung vp heretike. To the ma-jure his errors, or having abjured them, reior and sheriffes of London, &c. Whereas the reuerend father Thomas archbishop of Canturbury, primate of all England, and legat of the apostolike sea, by the assent, consent, and counsell of other bishops, and his brethren suffragans, and also of all the whole clergie within his prouince or dioces, gathered together in his prouinciall councell, the due order of the law being obserued in all points in this behalfe, hath pronounced and declared, by his definitiue sentence, William Sautre sometime chaplaine fallen againe into his most damnable heresie, the which beforetime the said William had abiured, thereupon to bee a most manifest heretike, and therefore hath decreed that he should bee degraded, and bath for the same cause really degraded him from all prerogatiue and priuiledge
lapsed, he was to be left to the secular arm; and the sheriff (whom the ordinary might call to be present at the trial) was to cause the party to be burnt in some high (or open) place.
The lord chief justice Brook (in his Abridgment, tit. Heresy) says, that upon this statute it was resolved, That if a person was convicted of heresy in the presence of the sheriff, the ordinary might commit him to the same sheriff, and he was to cause him to be burnt without the writ de Hæretico comburendo; but if the sheriff was absent, or if the heretic was to be burnt in another county, in either of these cases the writ de Hæretico comburendo must be first obtained before the sheriff could burn him.
Some authors have wondered why the writ, de
Heretico comburendo was issued for the burning of Sawtre, when by the last-mentioned act the sheriff was empowered to execute persons convicted of heresy, without that writ; But the wonder ceases, if we consider that the sheriff could not proceed to execute the offender by his own authority, unless he was present at the conviction; and though the diocesan might call the sheriff to attend the trial, yet he might too convict the offender in his absence. And further, Sawtre was convicted by the convocation; and it may be difficult to give one instance where the convocation called the sheriff to assist at the trial of an heretic; and, if they had, such a conviction was not within the letter of the act: Therefore, upon this conviction, the sheriff was under a necessity of waiting for the writ de Hæretico comburendo, before he could execute him.
By the 2d of Henry 5. cap. 7. all civil officers were to be sworn to assist the ordinaries in extirpating heresies; and one convict of heresy was to forfeit his goods and chattels, and fee-simple lands.
By the 25th of Henry 8. cap. 14. the act of the 2d of Henry 4. is in part repealed; and it is thereby provided, That no person shall be executed as an heretic without the writ de Haretico comburendo first obtained.
By the 1st of Elizabeth cap. 1. the abovesaid statutes, as well as that other statute of the first and second of Philip aud Mary, cap. 6. against hereticks, are repealed.
And by the 29th of Charles 2. cap. 9. passed in contemplation of the duke of York's succession to the crown, the writ de Hæretico comburendo, with all proceedings thereon, and all capital punishments in pursuance of any ecclesiastical censures, are from thenceforth utterly abolished.
So that at this day a person convicted of heresy is liable only to excommunication, and such pains and disabilities as persons standing excommunicated for any other offence, (which however are not very light) for if the excommunicate person be not reconciled to Holy Church within forty days, he is liable to be taken by the civil powers under the writ de excommunicato capiendo, and to he imprisoned until he be so reconciled. See Comyn's Digest, tit. Excomengement. For further learning concerning Heresy, see Britton, l. 1. c. 17. Fitzh. Nat Brev. 594, 595, 1 Hale's P. C. 392, $94, 396, 709. Whitlock's speech in H. of Com. on Naylor's case, December 16, 1656, Cobbett's Parl. Hist. and Burn's Ecclesiastical law. Rapiu's state of the church from 1272 to 1399, in the first vol. of his History, should be read.
18. The Trial and Examination of Master WILLIAM THORPE, Preste, for Heresye, before Thomas Arundel, Archebishop of Canterbury: 8 Hen. IV. A. D. 1407. Written by Himself. [1 Fox's Acts and Monum. 689. Coll. Eccl. Hist. 625.] KNOWEN be yt to all men that rede or purpose, and lett the to enuenyme the shepe of heare thys Writing benethe, That on the Sonmy provynce. Never the lesse Seynt Paul daye next after the Feste of Seynt Peter, that, seythe, Yf it may be as ferre as in us is, we owe we call Lammesse, in the yeare of our Lord a to have peace wyth all men: therefore William, M.CCCC. and vii. yeare, I William Thorpe, yf thou wyll now mekely, and of good harte, being in preson in the castell of Saltwoode, was without onye feynyng, knele downe and leye brought before Thomas Arundell archebyshope thy hande upon a booke and kysse yt, promysof Canterbury, and Chauncellor than of Ing-ying feythfully, as I shall here charge the, that land: And when that I came to hym, he stoode in a great chamber, and moch people aboute hym; and when that he sawe me, he went faste into a closett, bydding all seculer men that folowed him to go forth from hym sone; so that no man was left than in that closet but the archebyshop hymselfe, and a physician that was callyd Malueren, person of Seynt Dunstanys in London, and other two personys, unknowen to me, whych ware minysterys of the lawe. And I standyng before them, by-and-by the archebyshop seyd to me, William, I know well that that thou hast thys twenty wynter and more trauelyd about besyly in the North contre, and in other diverse contres of Ingland, sowying about false doctrine, hauying great busynesse yf thou myght wyth thyne untrew teachyng, and shrewyd will for to infecte and poyson all this lande: but through the grace of God thou art now wythstonded and brought in to my warde, so that I shall now sequester the from thyne euill
thou wilt submyt the to my correccyon, and stande to myne ordinance, and fulfyll yt dewly by all thy connyng and power, thou shall yet fynde me gracyouse unto the.' Then seyd I to the Archbishop, Syr, syns ye deme me an Heretyke out of belcue, wyll ye gyue me here audience to tell my Beleue; and he seyd, ye tell on. And I seyd, I beleue that there is not but one God Almyghty, and in thys Godhede, and of thys Godhede ar thre Persones; that is, the Fader, the Sonne, and the sothe faste Holy Goste: And I beleue that all thes thre persones ar euen in power, and in connyng, and in myght, full of grace and of all goodnesse; for whatsoever that the Father dothe, or can, or wyll, that thyng also the Sonne dothe, and can, and wyll; and in all their power, connyng and wyll, the Holy Goste is equall to the Father and to the Sonne. Ouer thys I beleue, that through counsell of thys moste blessyd Trinitie, in a moste conuenient tyme before ordenyd for the salvacyon of man
with most sharp thornes, and to strike him with a rede and after Christe suffered wicked
Jewes to draw him out upon the crosse, and for to rayle hym there upon fote and hande; and so, thorow this pitiefull naylinge, Christe shed out wilfully for man's lyfe the bloude that was in his vaynes: and then Christe gave wilfully his spirite in to the handes or power of his Father, and so as he wolde, and when he wold, Christ deid wilfully for man's sake upon the crosse.
kynde, the seconde peerson of thys Trinite was ordeynd to take the fourme of man, that is the kynde of man. And I beleue that thys seconde person, our Lorde Jesu Christe, was conceiuyd thorough the Holy Goste into the wombe of the most blessyd virgyn Marye, wythout manys seede: And I beleue that after nyne monthys Christe was borne of thys moste blessyd vergyn, without one peyne, or brekyng of the closter of hyr wombe, and wythout fylthe of her virginite: And notwithstandinge that Christe And I beleue that Christe our Sauyour was cirwas wilfully, paynfully, and most shamefully cuncisyd in the eyghte daye after hys byrthe in falitillyng of the lawe, and hys name was callyd put to death as to the worlde, there was left Jesu, which was callyd of the Angell before that bloude and water in his herte, as he before he was conceiuyd in the wombe of Marie hys ordened, that he wolde shede out this bloude moder: And I beleue that Christe, as he was and this water for man's saluacion: and thereabout thyrty yeare old, was baptyzed in the fore he suffered the Jewes to make a blinde fludde of Jordane of John Baptist; and, in lyke-knight to thrust him in to the herte with a ness of a dove, the Holy Goste descendyd there upon hym, and a voyce was herde from Heuen, seying, Thou art my welbelouyd Sonne, in the I am fall pleasyd.' And I beleue that Christe was moeuyd than by the Holy Goste for to go into Desert, and there he fastyd fourty dayes and fourty nyghtes without bodely meate and drynk: And I beleue that by and by, after hys fastyng, when the manhode of Christe hongeryd, the Feende came to hym and temptyd bym in glotony, in veyn glory, and in couetyse; but in all thoes temptacyons Christe concludyd the Fende, and withstoode hym; and than wythout tariyng, Jesu began to preache and to seye unto the people, Doe ye penaunce, for And I the relme of Heven ys now at hande.' beleue that Christ, in all hys tyme here, lyued moste holyly, and taught the wyll of hys Fader moste trewly; and I be'eue that he sufferyd therefore moste wrongfully greatyst repreuys and despysynges. And after thys whan Christe wolde make an ende here of hys temporall lyfe, I beleue that in the daye next before that he wolde suffer passyon in the morne, in fourme of brede and of wyne he ordenyd the Sacramente of bys flesh and his blood, that ys, hys owne precyous body, and gave it to hys Apostles, for to eate, commaundying them, and by them all their after-comers, that they sholde doo it in thys fourme that he shewyd to them, use them self, and teache and commone forthe to other men and woomen thys moste worshypful holiest Sacrament, in myndefulnesse of hys holyest lyuyng, and of hys moste trew teachyng, and of hys wilfull and pacient sufferyng of the moste peynfull Passion: and I beleue that thus Christe our Savyour, after that he had ordenid thys most woorthy Sacrament of hys owne preciouse body, he went forthe wyllfully agenst hys enemyes, and he sufferyd them most paciently to ley their handys moste violently uppon hym, and to bynde hym, and to leade hym forthe as a thefe, and to skorne hym, and buffet, and all to blow or fyle him with their spittinges. Over this I beleue that Christe suffered most mekely and paciently his enemies for to dinge out with sharpe scourges the bloude that was betwene his skyn and his flesh: yee without grudginge Christe suffered the cruell Jewes to crown him
spere, and this the bloude and water that was
knowlege now and euermore shall, if God will, that of all my harte, and of all my might, I will submyt me only to the rule and gouernaunce of them whome after my knowlege, I may perceave, by the havynge and usynge of the beforesayd vertues, to be membres of the holy churche. Wherfore these Articles of Belefe, and all other bothe of the olde lawe and of the newe, which after the commaundement of God any man ought to beleue, I beleue verely in my soule, as synnefull deedly wretche, of my cunnynge and power oughte to beleue, prayenge the Lorde God, for his holye name, for to encrease my belefe, and help my unbelefe.
are bounden to swere or to obey in ony wise
And forbycause to the praysynge of Goddes name, I desyre above all thynge to be a faythfull membre of Holy Churche, I make this Protestacyon before you all foure that are now here presente, covetynge that all men and women that now absente knewe the same, that what thynge soever before this tyme I have sayde or done, or what thynge here I shall doo or saye at any tyme here after; I beleue that all the olde lawe and the newe lawe, geuen and ordened by the councell of these thre persones of the Trynite, were geuen and wrytten to the saluacyon of mankynde: And I beleue that these lawes are sufficient for man's saluacyon: And I beleue every article of these lawes, to the entente that these articles were ordened and commaunded of these thre persones of the moste blessed Trynyte to be beleued. And therfore to the rule and the ordynaunce of these Goddes lawes, mekely, gladly, and wilfully I submytte me with all myne harte, that And I hearying thes wordes, thought in my who ever can or wyll by auctoryte of Goddes harte, that this was an vinefull asking; and Í lawe, or by open reason, tell me that I haue demyed myself cursed of God, yf I consented erred, or now erre or any tyme here after shall hereto, and I thought howe Susan seid, Anerre in any Article of Belefe (fro whyche incon- guyssch is to me on euery syde.' And in that venience God kepe me for his goodnesse) II stode still, and spake not, the abp. seid to submytte me to be reconcyled, and to be me, Answere one wyse or a nother;' and I buxom and obedyente unto these lawes of God, seid, Syr, if I consented to you thus, as ye and to every article of them. For by aucto. haue here rehersed to me, I should become an rite, specyally of these lawes, I will, thorowe the Appealer, or euery bishopis espye, somonour of grace of God, be vnyed charytably unto these all Englonde. For, and I sholde thus put up, lawes. Yee, syr, and ouer thys I beleue and and publeshe the names of men and women, admytte all the Sentences, Auctorites, and I sholde herein deceiue full many persons; ye Reasons of the Saynctes and Doctoures, ac-syr, as it is likely by the dome of my conscience cordynge unto Holy Scripture, and declarynge it truely.-I submytte me wylfully and mekely to be ever obediente after my connynge and power to all these saynctes and doctoures, as they are obedyente in worke and in worde to God and to his lawe, and forther not to my knowledge, not for any erthly power, dignity or state, thorowe the help of God. But syr, I praye you tell me if after youre biddying I shall laye iny hande upon the Boke to the entente to swere thereby?
And the Archebishope said to me, 'ye, wherfore els? And I sayde to him, Syr, a boke is nothyng els but a thyng coupled together of dyaerse creatures, and to swere by any creature both Gods lawe and mans lawe is agaynst. But syr, this thinge I saye here to you before these your clerckes, with my forsayd Protestacion, that how, where, when and to whom men
I sholde herein, because of the dethe of both men and women, ye both bodely and gostely. For many men and women that stand now in the treuthe, and are in the waye of salvation; yf I sholde for the learning and reding of their beleve publeshe them, and put them therfor up to bishopes, or to their unpituouse ministers, I know some dele by experience, that they sholde be so distrobled and diseased with persecution or otherwise, that many of them (I thinke) would rather chose to forsake the waye of treuthe, than to be traveled, skorned, and slaundred, or punished as bishopes and their ministers now use for to constreyne men and women to consent to them. But I fynde in no place in Holy Scripture, that this office that ye wolde now enfesse ne with accordith to ony priste of Christes secte, nor to any other Christen man. And therefore to do thus wer