The Acts and Monuments of John Foxe/Volume 3/The Citation of William Swinderby

by John Trevenant

Layout 2

William Swinderby keeping from the Bishop was cited as followeth.

 

The tenor of the citation.⁠

John, by God's permission bishop of Hereford: to his dear sons, our dean of Leamster, to the parsons of Croft, Almady, and Whitney, and also to the vicars of Kingston, Ladersley, Wiggemore, and Monmouth Clifford, and of St. John's altar in our cathedral church of Hereford, and to the rest of the deans, parsons, vicars, chaplains, parish priests, and to others, whosoever in any place are appointed through our city and diocese of Hereford, sendeth greeting, grace and benediction.

We bid and command, charging you straitly, in the virtue of holy obedience, that you cite or cause to be cited peremptorily, and under the pain of excommunication, William Swinderby, pretending himself to be a priest; that he appear before us, or our commissaries, the twentieth day of this present month of July, at North Lodebury, within our diocese, with the continuance of the days following in other places also to be assigned unto him if it be expechent, till such things as have been, and shall be laid against him, be fully discussed: to answer more at large to certain positions and articles, touching the catholic faith, and the holy mother church's determination, that have been exhibited and ministered unto the said William; and to see and heare also many things that have openly, in judgment before us and a great number of faithful Christians, by him been even in writing confessed, to be condemned as heretical, false, schismatical, and erroneous; and to see and hear positions and articles denied by the said William, to be proved by faithful witnesses, and other lawful trials against the said William; and to receive for his false, heretical, erroneous, and schismatical doctrine, what justice shall appoint, or else to show causes why the premises should not be done.

And if the said William lieth privily, or else cannot be so cited in his proper person, we will that in your churches, when most people shall then come together to divine service, you openly, with a loud voice and that may be understood, cause the said William peremptorily to be cited unto the premises, certifying the same William, that whether he shall appear the day and place appointed or no, we, notwithstanding, will proceed unto the premises against the said William, according to the canonical decrees by form of law, in the absence or contumacy of the said William notwithstanding. We will, moreover, if the said William shall appear at the said day and place as is aforesaid, before us, friendly hear him, and honestly and favourably, as far as we may with God's leave, deal with him; granting free license to come and to go for his natural liberty without any hurt either in body or goods. And see that you fully certify us of the things that you or any of you shall do about the execution of this our commandment, and that, by your letters patent, signed with your seal authentical; giving also faithfully to the said William, or to his lawful proctor, if he require it, a copy of this our present commandment.

Given at our house of Whitborne, under our seal, the fifth day of the month of July, in the year of our Lord 1391.

 

First Sitting against William Swinderby.

 

On Thursday the twentieth of July, in the year of the Lord aforesaid, we, in the parish church of North Lodebmy aforesaid, about six of the clock, sitting in judgment, after that it was reported unto us, how the aforesaid William was personally taken and lawfully cited, caused the same William then and there openly in judgment to be called out, to do, hear, and receive such things, whereto he was afore cited, and to do otherwise that wliicl justice should persuade. And the said Willam appeared neither by himself, nor by proctor; but only by a servant, whose name we know not, he sent unto us a certain schedule of paper, made like an indenture, to excuse him. After which schedule, seen, read, and with right deliberation weighed, and, in any wise notwithstanding, we adjudged the said William (after he was often called, and long, even to the due hour tarried for, and by no means appearing), worthily, for his obstinacy and for his stubbornness we assigned unto him the twenty-ninth day of July, in the church of Ponsley, to appear before us with the aforesaid safeguard, to answer more fully to such articles, and otherwise to hear, receive, and do, as before is noted.

 

Second Sitting against William Swinderby.

 

The second day's act.⁠On Saturday the twenty-ninth of July, and in the year of the Lord aforesaid, we, John, by God's permission the fore-remembered bishop, in the church of Pontesbury, of our diocese, at six of the clock or thereabout, sitting in judgment; made the said William of Swinderby to be openly called, that (as was to him appointed and assigned) he should appear before us, to answer to the aforesaid articles more fully, and to declare the said articles, as the darkness of his answers did worthily require. And because the said William, being called, and long, for a due time looked for, did make no means to appear, we pronounced him to be obstinate, and for his obstinateness (to overcome his malice, and of our exceeding favour) thought good to appoint, and did appoint the eighth of August, then next following, at Cleobury Mortemere of the same our diocese, unto the said William for the same thing.

 

Third Sitting against William Swinderby.

 

The third day's act.⁠On Tuesday the eighth of August, the year aforesaid, I, John, by God's permission bishop of Hereford aforesaid, in the church of Cleobury Mortemere, about six of the clock, sitting in judgment, caused the aforesaid William Swinderby to be called many times openly, to do and receive about the premises, according to the appointment of the same day what justice should advise; which William did not appear at all. Whereupon, we, after that the said William was called, and often proclaimed, and long looked for, but not appearing at all, did judge him worthily (as of right appertained) obstinate; and, for his obstinateness, assigned him the sixteenth day of the same month of August next following, in the parish church of Whitborne of the same our diocese, to bring forth, or to see brought forth, all laws, muniments, and other kinds of proofs; and to see also witnesses brought forth, admitted, and sworn, by whom and which things we intend to prove the aforesaid articles, or at leastwise some of the same.

 

Fourth Sitting against William Swinderby.

 

The fourth day's act.⁠On Wednesday the sixteenth day of the month of August, the year aforesaid, we John, the bishop, in the parish church of Whitborne aforesaid of our diocese, sitting in judgment, caused the said William Swinderby oftentimes to be called, who, as is aforesaid, appeared not at all; whom, after that he was so called, proclaimed, and long looked for, and yet by no means appearing, we pronounced to be obstinate. We received also, by certain faithful Christians and zealous men for the catholic faith, of our diocese, a certain process made and had at another time against the same William, before the reverend father in God and lord, lord John, by the grace of God bishop of Lincoln, confirmed by the hanging on of the seal of the same reverend father, the lord bishop of Lincoln.^[1] And these faithful Christians, moreover, against the obstinateness of the said William Swinderby brought forth discreet men, Master William Leviet, parson of the parish church of Kyversly, and also Edmund Waterdon, parish chaplain of the chapel of N., and Roger Newton, and Hugh Sheppert, laymen of our diocese or Lincoln, asking instantly that they might be received for witnesses, to prove some of the aforesaid articles, whom against the obstinateness of the said William Swinderby, we thought good to receive, and did receive, and their oaths to the holy gospels of God, being laid hands on corporally in our hande, and did diligently examine them in proper person severally in form of law, whose saying and depositions are afterwards brought in; and, at the instance of the same faithful Christians, we assigned the second day of September next following, to the said William Swinderby, to say and alledge against the said process, witnesses, and their sayings, in the said church of Whitborn; decreeing that a copy should be made for him of those things that were brought forth, and of the depositions of the witnesses, * * * [Here we fail in our copy, till the register come to our hands again.]

 

1. Of this process mention is made before, p. 109.