The.xlii. chapyter

ANd in y• chapyter there, that begynneth Statuta que[…], yt is decreed / that yf the bishoppe or oth[…] enquere[…]s of herely, se that any great daunger myghte come to the accuso[…]s or wytnes of heresye by the great power of them that be accused: that then they may commaunde, that the names of the accus[…]urs or witnes shal not be shew[…]d but to the bishoppe or enquero[…]rs / or such other lerned men as be called to them, and that shall suffyce / though they be not […] to the partye. And for the more in[…]mpnytye of the sayde accusours and wytnesse yt is there decreed / that the bysshoppe or enquerours may enioyne such as they haue shewed the names of such wytnes vnto / to kepe them close vppon payn of […], for disclosyng that secrete wythout theyr lycen[…]. And […]urely […] / that a man shall be cō d[…]m[…]d / and not knowe the names of t[…]m that be cause[…] th[…]rof.

[…]nd though the sayde lawe seme to be […] vppon a good consydera[…]yon for the […] of the accusours and witnes / […], that that cōsyderacy[…]n can […] to proue the law reasonable.

F[…]r yt semeth that the accusours & wytnes myght be saued fro daunger by a noth[…] w[…]y, and that is by this way. If the […] or enquer[…] drede, that the […] and wytnes myght take hurt / as is sayde before: then myght they shew yt […] the kynge and to his counsayle / bese […]g his grace of helpe in that behalfe / to […]ue and defende the accusours and wit […]es fro the extort power of theym that be acc[…]d: And yf they wolde do so: yt is not to suppose / but that the kynge wolde sufyciently prouyde for theyr sauegarde. But for as myche as yt sholde seme / that spyrytuall men somwhat pretende to punyshe here[…]yes onely of theyr own power / wythout callyng for any assystence of the temporal power / therfore they make such lawes, as may helpe forth theyr purpose / as they thynke: but surely that is not th[…] charytable way, to put the knowledge of the names of the accusours and wytnes fro hym that ys accused / for yf he knewe them / he myght percase alledge & proue so great and so vehement cause of racour and malyce in them that accuse hym / that theyr sayenges by no lawe ought not to stande agaynste hym. And that spyrytuall men pretende / that they onely shuld haue the hole inquyry and pynyshement of heresye / yt appereth extra the heretices li.vi. cap. Vt[…]inquisitionis, perag. Prohibemus: where all powers, and all lordes temporall and rulers be prohybyte / that they shall not in any maner […]ke knoweledge or iudge vppon heresye / syth yt ys mere spyrytuall / and he that inquyreth of heresy / taketh knowledge of heresy. And so the somme called Summa rosella / taketh yt titulo excommunicat. perag. iiij. And yf that be […]rew, yt semeth then, that all instyces of peace in thys realme be excommunycate: for they by authoryte of the kynges commyssyone and also by statute, enquyre of heresyes. And I thynke yt is not in the chyrch to prohybyte that: for though yt were so / that the temporal men maye not iudge what is heresye and what not / yet they may / as yt semeth, by theyr own authoryte enquyre of yt / and informe the ordynarye what they haue founde. And also yf a metropolytane with all his clergye and people of his dyocyse fell into heresye: yt wolde be harde to redresse yt wythout temporall power. And therfore temporall men be redye and are bounde to be redye to oppresse heresyes, whē they ryse: as spyrituall men be. And therfore spyrytuall men may not take all the thanke to theym selfe / when heresyes be punyshed / as though theyr charytie & power onely dyd yt, for they haue thye fauour and helpe of temporall men to do yt / or els many times it wold not be brought aboute.

The prouysyon of the law that he speketh of, was made as appereth vppon a greate cause, in the aduoydynge of the great daūgeour y• myght in some specyall case happen to those, by whose meanes heresyes were detected and conuycted. But thys lawe thys pacifyer accompteth sore and vncherytable / and deuyseth as he thynketh a better But his deuyce ꝑaduēture though it wolde serue in some one lande, wolde yet not serue in some other / & they that made that law, made it as it myght serue moste generally thorow chrystendome / where as thys deuise though it myght serue in England, myght not haue serued well in many places of Almayne that are peruerted synnys, not euyn whyle y• mater was in a mameryng before the chaūge was made.

But surely that lawe and other of olde made agaynste heresyes / yf they had bene in Almayne dewly folowed in y• begynnyng, the mater hadde not there gone out at length to suche an vngracyouse endynge. And vndowtedly, yf the prynce, and prelates, & the noble men of this realme, & the good peple of the same, had not bene dylygent in the tyme of the prince of famouse memory kyng Henry the.iiii. bothe to haue agaynste heresies those lawes of the chyrch kepte wyth whyche thys pacy[…]ier fyndeth now these fautes, and also to make greate prouisions agaynst it bysyde: it was than very lykely and comynge to the poynt, as vtterly to haue subuerted the fayth in thys realme here, as it hath done synnys in any parte of Swycherlande or Saxony.

And also the dowte that this pacyfyer putteth, ī excepcyōs to be layed by the party agaynst the accu[…]ours or wy[…] nesse / syth the knowledge of the party lacketh must be supplyed the more effectually by the iudges, to enquyre and enserch by theyr wysedomes, whyther any suspycyon of […]yll wyl or other corrupcyō, myghte lede the wytnesse or accusers any thyng to depose or do in the mater. wherin yf dylygence be by the iudges vsed / it wyll be very harde y• any suche thynge sholde be of any weyghte but they shall here therof, and maye consyder the mater accordynge.

And on the tother syde, the re[…]dy that he deuyseth for the sureiye of the wytnessys, sholde not peraduēture make th[…] men so bold, as in a cause of heresy to medle in y• mater, a[…]aynst some maner of man / but that they rather wold for […] owne surety, kepe theyr owne tonges styll, than wyth all the suretye that coulde be founden theym bysyde, haue theyr parsons dysclosed vnto the party.

And as touchynge the […] of thys pacyfyer, that the sp[…]rytualty pretende […]o that […] man shold haue the enquery and punysshem[…]nt of heresyes: the lawes of thys realme and the lawes of the hole chyrche maye w[…]ll stand togyther for awght that I se in theym bothe / and so haue they in these maters of heresy god be thanked hytherto full well. And therfore thys pacyfyer semeth me to br[…]ing ī this mater to no greate purpose now, but yf it be eyther to set some deuysyon, or els to fyll vp the lefe. And therfore syth as I sayd before, I purpose not in any open englysh boke to ransake and rebuke eyther the tone lawe or the tother: I shall let hym with that mater alone.