14
January 1408 AD. Church
of England passes the Constitutions to stamp out English Bibles, English
theologies, and Wycliffite influences throughout the entire nation of
England. The charge would be led by the
Roman Pope and the Archbishop of Canterbury, Thomas Arundel (1353-1414
A.D.) The Council of Constance,
1414-1418, was called to deal with the “Three-Popes-Problems” (Avignon Papacy)
and the Wyclif-Hus heresies. Also, we
bring you the 1401 text of De Haeretico
Comburendo, that Parlimentary Act used against Wycliffites (and then used
under Bloody Mary). Text : Statutes of the Realm,
2:12S-28: 2 Henry IV.
We bring you lengthy quotes.
Archbishop
Thomas Arundel’s
Constitutions against the Lollards
The following English version of Arundel’s Constitutiones
of 14 January 1408 is a revision of the translation of John Johnson, reprinted
in A Collection of the Laws and Canons of the Church of England, from Its
First Foundation to the Conquest, and from the Conquest to the Reign of King
Henry VIII, Translated into English with Explanatory Notes, in Two Volumes ...
A New Edition, vol. 2 (Oxford: Parker, 1851), pp. 457-474. I have revised
Johnson’s translation for greater accuracy or clarity at some points, and have
altered the paragraphing, in accordance with the Latin text of David Wilkins, Concilia Magnae
Britanniae et Hiberniae, ab Anno MCCCL ad Annum MDXLV. Volumen Tertium
(London, 1737), pp. 314-19.
Michael
Marlowe
February 2012
______________________________________________
Thomas,
by divine permission archbishop of Canterbury, primate of all England, and
legate of the apostolical see, to all and singular our venerable
fellow-bishops, brethren and suffragans, abbots and priors, deans of cathedral
churches, archdeacons, provosts and canons, rectors, vicars and chaplains of
parish churches, all clerics and laymen whatsoever within our province of
Canterbury, health, and firm adherence to the doctrine of holy mother Church.
He does an injury to the most reverend synod who examines its determinations:
and since he who disputes the supreme earthly judgment is liable to the
punishment of sacrilege, as the authority of civil law teaches us; much more
grievously are they to be punished, and to be cut off as putrid members from
the Church militant, who, leaning to their own wisdom, violate, oppose, and
despise, by various doctrines, words, and deeds, the laws and canons made by
the key-keeper of eternal life and death, (the viceregent not of an earthly
man, but of the true God, and to whom God Himself has given the rights of a
celestial empire,) when they have been published according to form and canon,
and observed by the holy fathers our predecessors, even to the glorious
effusion of their blood, and voluntary scattering of their brains. 1
For they ought to consider that in the Old Testament Moses and Aaron were the
first amongst the priests; and in the New Testament there was a distinction
among the Apostles; and our Lord granted, and the Apostles agreed, that Peter
called Cephas, that is, the head, 2 should be the principal one of
the Apostles, as being he to whom it was said “When thou art converted
strengthen thy brethren:” as if he had said, if there be any doubt among them,
do thou confirm them in what is good; which our Lord would not have said if He
had not determined that others should obey him.
But
we experience to our grief, that the old sophister knowing that sound doctrine,
as determined by the fathers, which keeps the people in the unity of the faith
under one head, would obstruct his malice, endeavours to extirpate that
doctrine, and falsely calls vice virtue, that by separating men by degrees from
their universal sacred mother, he may erect to himself a church of malignants:
he transforms himself into an angel of light while he traduces the ancient
doctrine, and would bring in new ones of his own making, which he falsely
pretends would be for the better; but he means nothing but schism, and the
weakening of the faith (by contrariety of opinions [taken] from Jews, pagans,
and other infidels, and perverse men) and the profanation of mysteries, by
which the emblem in the Apocalypse is verified, “One sitting on a black horse
held a balance in his hand.” By this heretics are meant, who allure people to
them with an appearance of what is right and just under the figure of a
balance, but afterwards comes the horse with his black tail scattering
poisonous errors, and publishing scandals by persons elected to evil; who
(alas) preach before they are sent, and sow before they have winnowed their
seed: and by not considering the prohibitive decrees and canons against such
sowers they prefer a diabolical sacrifice before obedience to the Church.
We
therefore, considering that by not resisting error we might seem to approve it,
and that we should cherish the viper by not suppressing it, and desiring to
shake the dust off our feet, and consult the honour of holy mother Church, and
sow the one holy doctrine in the Church, especially in our province of
Canterbury, (so far as we may with God’s assistance,) to the increase of faith
and divine worship, and for the rooting up of tares, and whatever evils have
sprung up by means of perverse preaching and unsound doctrine, to obviate all
peril of souls, and removing all obstacles by which our province may be
embarrassed, with the advice and consent of our suffragans, and other prelates
present in this convocation of the clergy, and of the proxies of those that are
absent, and at the instant petition of the proctors of the whole clergy of our
province of Canterbury, and for the strengthening of the common law made in
this behalf, we provide the following appropriate penalties. We enact, decree
and ordain:
1.
That no secular or regular, unless authorized by the written law, or by special
privilege, take to himself the office of preaching the word of God, or do in
any wise preach to the people or clergy in Latin, or in the vulgar tongue,
within a church, or without it, unless he present himself to the diocesan of
the place in which he attempts to preach and be examined; and then being found
qualified both by manners and learning, let him be sent by the diocesan to
preach to some certain parish or parishes, as to the same ordinary shall seem
expedient, in respect to the qualifications of the man. And let none of the
aforesaid presume to preach, unless assurance be first given in proper form of
their being sent and authorized; so as that he who is authorized by written
law, do come according to the form therein limited; and that they who say they
come by special privilege, do really shew that privilege to the rector or vicar
of the place where they preach; and that they who pretend to be sent by the
diocesans of the places, do shew the letters of that diocesan drawn for that
purpose under his great seal. But we take a perpetual curate to be sent by law
to the place and people of his cure. But if any of the aforesaid be under a
suspension or prohibition from preaching passed by the diocesan of the place or
other superior, for any errors or heresies which he is pretended to have formerly
preached, affirmed, or taught, let him not thenceforth preach any where in our
province till he has purged that defect according to the determination of him
who suspended or prohibited him; and be again restored to preach: to which
purpose let him be bound to carry with him the letters testimonial of him that
restored him, and shew them in the place where he preaches. But let parish
priests and temporary vicars (not perpetual) who are not sent in form
aforesaid, only simply preach those things which are expressly contained in the
provincial constitution (together with the usual prayers) which was well and
piously published by John of good memory our predecessor, as a supply to the
“ignorance of priests,” with which words it begins. And we will that this be
had in every parish church of our province of Canterbury within three months
after the publication of these presents, and that it be effectually published
by those priests every year, and every time that [the constitution] itself
requires. And lest this wholesome statute should seem to mean some evil on
account of any pecuniary exactions, we will and ordain that the examination of
the persons aforesaid, and the letters of the diocesan to be drawn for them, be
sped with all expedition, gratis, and without any difficulty, by those whose
office it is, and to whom it is known to belong. If any one do knowingly
violate this our statute (which is only a putting the ancient law in execution)
after its publication, by preaching of his own temerity, contrary to the form
herein mentioned, let him incur the sentence of greater excommunication 3
ipso facto: and we reserve the absolution of him to ourself and our
successors, by the tenor of these presents. But if such preacher despising this
statute do a second time preach, teach, affirm, or pertinaciously by word or
deed intimate that the Church has not power to make such ordinances by the
persons of its prelates, let the sentence of excommunication be duly aggravated
against them 4 by the superiors of the places, and let them be
forbid all communion with Christian people: and when they are lawfully
convicted of it, let them be declared heretics by the ordinary of the place,
and from that time be reputed heretics and schismatics by all, to all effects
of the law; and let them incur the penalties of heresy and schism, as expressed
in the law ipso facto, and especially that their goods be deemed
confiscated in law, and seized by those to whom they belong, unless they repent
and abjure in the accustomed form of the Church. And if their supporters,
receivers, and defenders desist not within a month, after they have lawfully
been admonished in this behalf by their superiors, let them have the same
punishment inflicted on them in all respects when they have been convicted of it.
2.
Farther, let not the clergy or people of any parish or place whatsoever in our
province admit any one to preach in churches, churchyards, or any other places,
unless full assurance be first given of his being authorized, privileged, or
sent, according to the form aforesaid; otherwise, let the church, churchyard,
or other place whatever where the preaching was, be ipso facto laid
under ecclesiastical interdict, and so remain till they who admitted or
permitted him so to preach, have made satisfaction, and have procured a
relaxation of the interdict in due form of law to be made by the diocesan or
other superior.
3.
Moreover, as the good husbandman sows his seed on such ground as is most fit to
produce corn, we will and command that the preacher of God’s word coming in
form aforesaid, do observe a decorum as to the subject matter in his preaching
to the clergy or people, so that the seed be fitted to the auditory under him,
by preaching to the clergy chiefly of those vices that are growing up among them;
and to the laymen of the sins most rife among them, and not otherwise. Else let
him that so preacheth be canonically and sharply punished by the ordinary of
the place, according to the quality of the offence.
4.
Because that part which does not agree with its whole is rotten, we decree and
ordain that no preacher of the word of God, or other person, do teach, preach,
or observe any thing in relation to the sacrament of the altar, matrimony,
confession of sins, or any other sacrament of the Church or article of faith,
any thing but what hath been determined by holy mother Church, nor call in
question any thing that has been decided by her; nor let him knowingly speak
scandalously either in public or private concerning these things; nor let him
preach up, teach, or observe any sect or sort of heresy contrary to the sound
doctrine of the Church. Let him incur the sentence of excommunication ipso
facto, who knowingly and pertinaciously attempts the contrary after the
publication of these presents; from which let him not be absolved except at the
point of death, unless he reform himself (by first abjuring heresy generally or
simply in the accustomed form of the Church, at the discretion of the ordinary,
in whose territory he is convicted of having committed the offence;) and have
received salutary penance for what he has done: and if he undertake to do this
a second time, and so relapse, let him be declared a heretic and relapse
convict by sentence formally passed, and let his goods be deemed confiscated,
and seized by them to whom they belong. And we will that the penance before
mentioned be such, that if any man have publicly or privately taught, preached,
or affirmed any thing contrary to the determination of the Church, contained in
the decrees, decretals, or our constitutions provincial, or any sort of heresy
or sect, he shall expressly recant the things so preached, taught, or affirmed
in the parish church of the place where he preached, taught, or affirmed them,
upon some one or more Lord’s-days, or other solemn days, at the discretion of
the ordinary, according as he is convicted to have offended more or less, at
high mass, when the greatest number of people is present; and shall effectually
and without fraud preach, teach, and recite the determinations of the Church;
and shall be otherwise punished in proportion to his demerits, as shall seem
most expedient to the ordinary.
5.
Because an old vessel retains a relish of what it first contained, we enact and
ordain that masters and all who teach boys or others the arts, or grammar, and
that instruct men in the first sciences, do by no means undertake to instruct
them in the sacrament of the altar, or other sacraments of the Church, or upon
any theological point contrary to the determinations of the Church; nor in
expounding any text of Scripture otherwise than of old it used to be expounded;
and that they do not permit their scholars or disciples publicly or even
privately to dispute concerning the Catholic faith, or the sacraments of the
Church. Let him that transgresses be severely punished as a supporter of errors
and schism by the ordinary of the place.
6.
Because a new path oftener misleads men than an old, we will and ordain that no
book or treatise composed by John Wicklif, or by any other in his time, or since,
or hereafter to be composed, be henceforth read in the schools, halls, inns, or
other places whatsoever within our province aforesaid, and that none be taught
according to such [book] unless it have been first examined, and upon
examination unanimously approved by the university of Oxford or Cambridge, or
at least by twelve men chosen by the said universities, or by one of them under
the discretion of us, or our successors; and then afterwards [the book be
approved] expressly by us, or our successors, and delivered in the name, and by
the authority of the universities, to be copied, and sold to such as desire it;
after it has been faithfully collated at a just price, the original thenceforth
remaining in some chest of the university for ever. And if any one shall read
book or treatise of this sort in the schools or elsewhere, contrary to the form
above written, or shall teach according to it, let him be punished according as
the quality of the fact shall require, as a sower of schism, and a supporter of
heresy.
7.
The translation of the text of Holy Scripture out of one tongue into another is
a dangerous thing; as blessed Jerome testifies, because it is not easy to make
the sense in all respects the same; as the same blessed Jerome confesses that
he made frequent mistakes in this business, although he was inspired: therefore
we enact and ordain that no one henceforth do by his own authority translate
any text of Holy Scripture into the English tongue or any other by way of book,
pamphlet, or treatise. Nor let any such book, pamphlet, or treatise now lately
composed in the time of John Wicklif aforesaid, or since, or hereafter to be
composed, be read in whole or in part, in public or in private, under pain of
the greater excommunication, till that translation have been approved by the
diocesan of the place, or if occasion shall require, by a provincial Council.
Let him that do contrary be punished in the same manner as a supporter of
heresy and error. 5
8.
Further, since by philosophical terms, or other human inventions, the
Determiner of all things cannot be fully comprehended, and blessed Augustine
does frequently revoke true conclusions which were offensive to pious ears, we
ordain, and with invocation of the divine judgment, we specifically forbid any
man of what degree, estate, or condition soever he be, to assert or propose any
conclusions or propositions that carry a sound contrary to the catholic faith,
or good manners, (beyond the necessary teachings of his faculty,) in disputing
in the schools, or out of them, or in conversation, with or without a
disclaimer; even though they may be defended by subtility of words: for, as
blessed Hugo says, concering the sacraments, what is well said is often not
well understood. But if any one after the publication of these presents shall
be convicted knowingly to have proposed or asserted such conclusions or
propositions, unless upon admonition he reform himself, by the authority of
this present constitution let him incur the sentence of the greater
excommunication ipso facto, and be publicly denounced excommunicate,
till he publicly confess his offence in the place where he made such
propositions or assertions, and have publicly preached the true catholic
meaning of the said conclusion or proposition, at the discretion of the
ordinary, in one or divers churches, as shall seem expedient to the ordinary.
9.
Let no one presume to dispute of things determined by the Church (as they are
contained in the decrees, decretals, or provincial constitutions, and the
synodal [constitutions] of places) either publicly, or privately; unless it be
in order to get the true meaning of them; nor call in question the authority of
the said decrees, decretals, or constitutions, or the authority of him that
made them; or preach contrary to their determination, especially concerning the
adoration of the glorious cross, the veneration of the images of saints, or
pilgrimages to their places and relics; or against making oaths in the usual
cases and manner in both courts, viz., ecclesiastical and temporal. But let all
henceforth preach up the veneration of the cross, and of the image of the
crucifix, and other images of saints in memory and honour of them whom they
resemble, and their places, and relics, with processions, genuflexions, bowings,
incensings, kissings, oblations, pilgrimages, illuminations, and all other
modes and forms whatsoever used in the times of us and our predecessors; and
the making of oaths in a lawful manner, by touching God’s holy gospels, and
upon the same in cases expressed in the law, and used in both courts by all who
are concerned. Let him that asserts, teaches, preaches, or pertinaciously
intimates the contrary incur the penalties of heresy, and of a relapse into the
consequences of it, and be sentenced to such, as to all effects of the law,
unless he do penance in manner and form elsewhere by us appointed, and abjure
as it is there provided.
10.
We ordain and decree that none be admitted to celebrate as chaplain in any
diocese of our province of Canterbury, who was not born or ordained there,
unless he bring with him the letters of his orders, and the commendatory
letters of his diocesan, and also of other bishops in whose dioceses he has any
length of time stayed: which letters we will and command to be cautious and
express in regard to the manners and conversation of the person; and whether he
have been defamed for and concerning the new opinions which have an ill aspect
on the Catholic faith and good manners, or whether he be wholly clear as to
these points. Let him that celebrates, and he that permits it without such
letters, be sharply punished.
11.
New and unusual emergencies require new and mature applications; and the
greater the danger the more caution and opposition is necessary. What is less
valuable should be discreetly pruned off for the improvement of what is truly
noble. Considering and lamenting how our almous university of Oxford, which
like a thriving vine used to spread her branches to the honour of God and the
advancement and protection of His Church, is in part degenerated and brings
forth sour grapes, by eating whereof many of her sons, being too well conceited
of their knowledge in the law of God, have set their teeth on edge, and our
province is infected with new unprofitable doctrines, and blemished with the
new damnable brand of Lollardy, to the great scandal of the university itself,
reaching to remote foreign parts, and to the exceeding regret of those who
study there; and to the seemingly irreparable damage of the Church of England,
(which used to be defended by her virtue and learning, as with an impregnable
wall, but whose stones are now squandered,) unless speedy remedy be used:
therefore upon the petition of the proctors of the whole clergy of the province
of Canterbury, and with the consent and assent of all our brethren and
suffragans, and the other prelates that are present in this convocation of the
clergy, and of the proxies of the absent, (lest the fountain head being
polluted the stream be made impure, even after the cleaning of the river;) we
desiring to make wholesome provisions for the honour and utility of holy mother
Church, and of the university aforesaid, do enact and ordain that every warden,
provost, and rector of a college, and the principal of every hall or inn of the
said university, do once at least in every month make enquiry with diligence in
the college, hall or inn, over which he presides, whether any scholar or
inhabitant thereof have asserted, held, defended, or in any wise proposed any
conclusion or proposition that carries a sound contrary to the Catholic faith
or good manners, against the determination of the Church, though it were no
necessary doctrine of his faculty: and if he find any one suspected or defamed
in this respect, let him admonish him effectually to desist; and if he do after
this admonition again advance the same, or like [tenets], let him incur the
sentence of the greater excommunication ipso facto, beside other
punishments appointed by us. And yet, if he who do this be a scholar, let
nothing that he does thenceforward in the said university, be taken as done in
due form: and if he be a doctor, master or bachelor, let him be thereupon
suspended from all scholastic acts, and let him in both cases ipso facto
lose all right that he has in the college, hall or inn, and let him be actually
expelled by the wardens, rectors, provosts, principals, or others whom it
concerns, and let a catholic forthwith be legally substituted in his place. And
if the wardens, provosts, rectors of colleges, or principals of halls or inns,
where such suspected, detected or defamed persons are, be negligent in their
enquiries or execution of the premisses, for ten days next following the real
or presumed publication of these presents, let them ipso facto incur the
sentence of the greater excommunication; and yet let them be ipso facto
deprived of all right which they pretend to have in those colleges, halls or
inns; and let the colleges, halls and inns, be effectually void; and after a
lawful declaration made thereof by such as are concerned to do it, let new
wardens, rectors, provosts or principals be substituted according to the
ancient custom of the said university. But if the wardens, rectors, provosts or
principals themselves are suspected, defamed or detected, for and concerning
such conclusions or propositions, or as defenders, maintainers or supporters of
them, if upon an admonition from us, or by our authority, or by the ordinary of
the place, they do not desist, let them be deprived in law from that time
forward of all scholastic privileges of the university aforesaid, and of the
right which they had in the said college, hall or inn, beside other punishments
above-mentioned, and farther incur the sentence of the greater excommunication.
12.
If any man rashly and pertinaciously presume to violate these our statutes in
any case mentioned in this constitution, in the last, or in any other above
expressed, although some other punishment be there expressly assigned, let him
thereupon be made wholly incapable from that time forward of obtaining any
ecclesiastical benefice in our province of Canterbury for three years, without
any hope of pardon; and yet be canonically punished at the discretion of his
superior, in proportion to his demerits, and according to the quality of his excess.
13.
Further, lest we should leave any thing at uncertainties, we observe that in
several laws some parity between the crime of heresy and lese-majesty is
mentioned, and yet that the guilt is unequal; and the offending the Divine
majesty requires a severer punishment than offending human majesty; since
therefore he who is guilty of lese-majesty may be convicted by informations,
and be proceeded against in a summary unformal manner, (because of the danger
of delay,) and by first sending a citation by letters, by a messenger, by
edict, and without a litis contestatio, to the hearing of witness, and
to a definitive sentence: we will, ordain and declare, that for the more easy
punishment of offenders in the premisses, and for the making up the breach of
the Church, that hath been injured by this means, such as are defamed,
detected, denounced or vehemently suspected in any of the aforesaid cases, or
in any other article that carries a sound contrary to Catholic faith or good
manners, be personally cited by authority of the ordinary of the place or other
superior, by letters, or by a sworn messenger, if they can be caught; but if
not, then by an edict at the place where the offender hath an house in which he
commonly dwells, and published in the parish church, if he have a place of
habitation, if not, in the cathedral church of the place of his birth, and in
the parish church of the place where he so preached and taught; and when a
lawful certificate is received of the summons having been executed, let them proceed
against the party thus cited, though he be absent and neglect to appear,
(without noise and forms of judicature, or a contestatio litis, upon the
hearing of evidence and other canonical proofs,) as a punishment for his
contumacy. Let the same ordinary, upon lawful information received, without
delay, sentence, declare and punish him according to the quality of his
offence, in manner and form before expressed, and further do justice upon the
contumacious notwithstanding his absence.
______________________________________
1. An allusion to the murder of Becket.
2. An incorrect interpretation of the name
Cephas, which in Aramaic means “stone.” Apparently the author thinks it is
derived from the Greek word for head, κεφαλη.
3. Under the “greater excommunication” a man
was excluded from all Church meetings and ceremonies, and Christians were
instructed to have no commerce or fellowship with him. Under the “lesser
excommunication” a man was only prohibited from receiving the sacraments.
4. The sentence of excommunication was aggrevatur
“aggravated” by ordering that anyone who continued to have contact with the
excommunicated party should also be excommunicated.
5. The Latin text of §7, according to Wilkins,
reads as follows: “Periculosa quoque res est, testante beato Jeronymo, textum
sacrae scripturae de uno in aliud idioma transferre, eo quod in ipsis
translationibus non de facili idem in omnibus sensus retinetur, prout idem
beatus Jeronymus, etsi inspiratus fuisset, se in hoc saepius fatetur errasse;
statuimus igitur et ordinamus, ut nemo deinceps aliquem textum sacrae
scripturae auctoritate sua in linguam Anglicanam, vel aliam transferat, per
viam libri, libelli, aut tractatus, nec legatur aliquis hujusmodi liber, libellus,
aut tractatus jam noviter tempore dicti Johannis Wycliff, sive citra,
compositus, aut inposterum componendus, in parte vel in toto, publice, vel
occulte, sub majoris excommunicationis poena, quousque per loci dioecesanum,
seu si res exegerit, per concilium provinciale ipsa translatio fuerit approbata
: qui contra fecerit, ut fautor haeresis et erroris similiter puniatur.”
More
from the (at least) 130-year period of severe censorship in England. Comes
after Rolle's English Psalter and the spread of Wycliffism with "concerns
about leaks" of the English Bible.
De Hæretico Comburendo (1401)
Text : Statutes of the Realm, 2:12S-28: 2 Henry IV
Whereas, it is shown to our sovereign lord the king on the advice of the
prelates and clergy of his realm of England in this present Parliament, that
although the Catholic faith builded upon Christ, and by his apostles and the
Holy Church, sufficiently determined, declared, and approved, hath been
hitherto by good and holy and most noble progenitors and predecessors of our
sovereign lord the king it the said realm amongst all the realms of the world
most devoutly observed, and the Church of England by his said most noble
progenitors and ancestors, to the honor of God and the whole realm aforesaid,
laudably endowed and in her rights and liberties sustained, without that the
same faith or the said church was hurt or grievously oppressed, or else
perturbed by any perverse doctrine or wicked, heretical, or erroneous opinions.
Yet, nevertheless, divers false and perverse people of a certain new sect, of
the faith of the sacraments of the church, and the authority of the same
damnably thinking and against the law of God and of the Church usurping the
office of preaching, do perversely and maliciously in divers places within the
said realm, under the color of dissembled holiness, preach and teach these days
openly and privily divers new doctrines, and wicked heretical and erroneous
opinions contrary to the same faith and blessed determinations of the Holy
Church, and of such sect and wicked doctrine and opinions they make unlawful
conventicles and confederacies, they hold and exercise schools, they make and
write books, they do wickedly instruct and inform people, and as such they may
excite and stir them to sedition and insurrection, and make great strife and
division among the people, and other enormities horrible to he heard daily do
perpetrate and commit subversion of the said catholic faith and doctrine of the
Holy Church, in diminution of divine Worship, and also in destruction of the
estate, rights, and liberties of the said Church of England; by which sect and
wicked and false preachings, doctrines, and opinions of the said false and
perverse people, not only most greatest peril of the sou1s, hut also many more
other hurts, slanders, and perils, which God prohibit, might come to this
realm, unless it he the more plentifully and speedily holpen by the King’s
majesty in this behalf; especially since the diocesans of the said realm cannot
by their jurisdiction spiritual, without aid of the said royal majesty,
sufficiently correct the said false and perverse people, nor refrain their
malice, because the said false and perverse people do go from diocese to
diocese and will not appear before the said diocesans, but the same diocesans
and their jurisdiction spiritual, and the keys of the church with the censures
of the same, do utterly condemn and despise; and so their wicked preachings and
doctrines do from day to day continue and exercise to the utter destruction of
all order and rule of right and reason. Upon which novelties and excesses above
rehearsed, the prelates and clergy aforesaid, and also the Commons of the said
realm being in the same Parliament, have prayed our sovereign lord the king
that his royal highness would vouchsafe in the said Parliament to provide a
convenient remedy. The same our sovereign lord the king, graciously considering
the premises, and also the laudable steps of his said most noble progenitors
and ancestors, for the conservation of the said catholic faith and sustentation
of the said divine worship, and also the safeguard of the estate, rights and
liberties of the said Church of England, to the laud of God and merit of our
said sovereign lord the king, and prosperity and honor of all his said realm, and
for the eschewing of such dissensions, divisions, hurts, slanders, and perils,
in time to come, and that this wicked sect, preachings, doctrines, and
opinions, should from henceforth cease and he utterly destroyed; by the assent
of the great lords and other noble persons of the said realm, being in the said
Pariament, hatth granted, established, and ordained, from henceforth firmly to
be observed, that none within the said realm or any other dominions subject to
his Roval Majesty, presume to preach openly or privily, without the license of
the diocesan of the same place first required and obtained, curates in their
own churches and persons hitherto privileged, and other of the Canon Law
granted, only except; nor that none from henceforth anything preach, hold,
teach, or instruct openly or privily, or make or write any book contrary to the
catholic faith or determination of the Holy Church, nor of such sect and wicked
doctrines and opinions shall make any conventicles, or in any wise hold or
exercise schools; and also that none from henceforth in any wise favor such
preacher or maker of any such and like conventicles, or persons holding or
exercising schools, or making or writing such books, or so teaching, informing,
or exciting the people, nor any of them maintain or in any wise sustain, and
that all and singular having such books or any writings of such wicked doctrine
and opinions, shall really with effect deliver or cause to be delivered all
such books and writings to the diocesan of the same place within forty days
from the time of the proclamation of this ordinance and statute.
And if any person or persons of whatsoever sex, estate, or condition that he or
they be, from henceforth do or attempt against the said royal ordinance and
statute aforesaid in the premises or any of them, or such books in the form
aforesaid do not deliver, then the diocesan of the same place in his diocese
such person or persons in this behalf defamed or evidently suspected and every
of them may by the authority of the said ordinance and statute cause to be
arrested and under safe custody in his prison to be detained till he or they of
the articles laid to him or them in this behalf do canonically purge him or
themselves, or else such wicked sect, preachings, doctrines and heretical and
erroneous opinions do abjure, according as the laws of the Church do demand and
require.
* * * *
And if any person within the said realms and dominions, upon the said wicked
preachings, doctrines, opinions, schools, and heretical and erroneous informations,
or any of them be before the diocesan of the same place or his commissaries
convict by sentence, and the same wicked sect, preachings, doctrines and
opinions, schools and informations, do refuse duly to abjure, or by the
diocesan of the same place or his commissaries, after the abjuration made by
the same person be pronounced relapsed, so that according to the holy canons he
ought to be left to the secular court (upon which credence shall be given to
the diocesan of the same place or to his commissaries in this behalf), then the
sheriff of the county of the same place, and mayor and sheriffs, or sheriff, or
mayor and bailiffs of the city, town, and borough of the same county next to
the same diocesan or the said commissaries, shal1 be personally present in
preferring of such sentences, when they by the same diocesan or his comissaries
shall be required; and they the same persons and every of them, after such
sentence promulgate shall receive, and them before the people in an high place
cause to be burnt, that such punishment may strike fear into the minds of
others, whereby,nosuch wicked doctrine and heretical and erroneous opinions,
nor their authors and fautors, in the said realm and dominions, against the
Catholic faith, Christian law, and determination of the holy church, which God
prohibit, be sustained or in any way suffered; in which all and singular the
premises concerning the said ordinance and statute, the sheriffs, mayors' and
bailiffs of the said counties, cities, boroughs and towns shall be attending,
aiding, and supporting to the said diocesans and their commissaries.
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