The.xlvi. chapyter

FOr here shall ye se to the ferther encoragyng of heretykes, what an other goodly Some say thys good syr Iohn̄ Some saye fyndeth Lo thus he sayth.

And here some say / that bycause there is so great a desyre in spyrytuall men, to haue mena[…]i[…]e, and to be noted with he […]esye / and that some as yt were of a poly […]ye d[…] noyse yt / th[…]t the realme is full of heretykes, more then yt is in dede: that it i[…] very peryllon[…]e / that spyrytuall men […]ulde haue authorytie to […] a man for euery lyght suspeccyon, or complaynte of heresye / tyll that desyre of punyshement in spyrytuall men be ceased and gone: but that they shulde make processe agaynste them to brynge theym in vppon payne of cursynge: and then, yf they tarye fourty dayes / the kynges lawes to bryng them in by a wryt De excommunicato capien do, and so to be brought forth out of the kynges Gaole to answere. But surely, a[…] yt is somwhat touched before in the.vii. chapyter, yt semeth that the chyrche in tyme paste hath done what they coulde to brynge about, that they myghte punyshe heresye of them selfe / wythout callynge for any helpe therin of the seculer power.

And therfore they haue made lawes that heretykes myght be arrested & putte in pryson, and f[…]okes yf nede were / as appereth Clementinis de hereticis. Capi. Multor[…]m querela. And after at the specyall callyng on of the spyritualty / it was enacted by parlyament / that ordynaryes myghte ares[…]e men for heresye: for some men thynke, that the sayde Clementyne was not of effecte in the kynges lawe to are[…] any mā for heresy: but if a man were […] and notably suspected of heresye, and that there were suffycient recorde and wytnes agayn[…]t hym / and there were also a dout that he welde flee & not appe[…] […] he myght infect other: yt […] that he be […] by the bodye[…] but not vpon euery […]yght complaynt, that full lygh[…]ly may […]. And yt wyll be right expedyēt that the kynge[…] hy[…] nes and hys counsayle […] specya[…]ly […]ppon thys mater / and not to cease / […] yt be broughte to more quyetnes then yt i[…] yet, and to se wyth great dylygence, that pryde, couetyse, nor worldly […] be no […], nor […] be punyshed, ne yet […]t wylfull o[…]enders go not wythoute […].

In this processe lo good readers this pacyfyer decla[…]e[…]h, that he wold haue the kynges hyghnes and his coūsayle so specyally loke vppon this mater, that neyther innocentes sholde be punyshed, nor yet wylfull offenders go without dew correccyon▪ who coulde ende and conclude all his mater more frutefully?

But now the specyall ways wherby he deuy[…]eth, that the kynges hyghnes and his coū sayle sholde bryng this chyng about / betwayne.

The tone is, yf they prouyde that neyther men that be proude nor couetouse, nor haue any loue to the worlde, be suffered to be iudges ī any cause of heresy.

The tother is, that the bysshoppes shall arrest no man for heresy, tyll the desyre that spyrytuall men haue to cause men abiure heresyes and to punyshe them for heresyes, be ceased and gone.

And surely I thynke that his two dyuises will serue suffycyently for the tone parte / that ys to wyt that none innocentes shalbe punyshed. But I fere me very sore, that they wyll not serue halfe so suffycyently for y• tother parte, y• is to wyt that wylfull offendours go not wythout correccyon.

For now to begynne wyth his fyrst dyuyce, y• none be susfered to be iudges in cause of heresye, that are proude, or couetouse, or haue loue to the worlde / yf he meane of suche as haue none of these affeccyons wyth notable enormyte, then tyll he proue theym that are all redy worse then he proueth theym yet / that is to say tyll he proue yt otherwyse by some of theyr outragyouse dedes in the dealynge and myshandelynge of men for heresy, that he here defameth them of, then he hath yet proued, & that he proue theyre cruell wrongful dealyng, otherwise then by some sayes, or by his owne sayenge: the kynges hyghnes and his counsayle can se for al his holesome coū sayle, no cause to chaunge those iudges that are all redy, but to leue them styll / and thē serueth that diuyce of nought

And on the other syde, yf he meane that y• kynges hyghnesse shal suffer none to be iudges in cause of heresye, that hath any spyce at all, eyther of pryde, or of couercyse, or any loue at all vnto this worlde: heretyques may syt styll and make mery for a lytle season, whyle men walke aboute and seke for suche iudges. For yt wyll not be lesse thē one whole wekes worke I wene, both to fynde such, and to be sure that they be suche.

And yt wyll be somewhat the more harde, bycause that where as men wolde haue went soneste to haue founde them, there this pacifyer hath put vs out of dout, that there shall yt be merurylous harde to fynde any one of them / that is to wytte in a[…]y parte of the spyrytualty, prelates, seculer pres[…]es, or relygyouse persons, any one or other. For he sayth playnely that haue they neuer so many vertues bysyde / yet yt wyll be hard to fynd any one spyrituall man, but that he is so infected with desyre and affeccyon to haue the worldly honour of prestes exalted, that he is thorowe suche pryde farre fro suche in differēce & equyte, as ought & muste be in those iudges tha[…] this pacyfyer assygneth, whyche muste haue no spyce of pryde, couetyse, nor loue towarde the worlde. And then syth in all the spyrytualtye yt wyll be as he sayth harde to fynde any one / yt wyll be ye wote well twyse as harde to […]ynde twayne / and yet be they to few for all y• realme though they were made iustyces of Ayer.

Nowe yf it wyll be so harde to fynde any one suche in the spyrytualtye / I can scant beleue but that it wold be somewhat a do to finde many such in the temporaltye eyther / & specyally not onely suche but those also that y• kyng myght be sure to be suche / bysydes y• there must be thā many chaū ges and many newe deuyses of lawes for y• mater, bycause fewe temporall men be suffycyently lerned in those lawes of the chyrche, by whych that mater hath bene accustumed to be ordered before. And happely yf any such men be so suffycyentely lerned / yet is it possyble that those men whiche are so lerned, are not those y• are so pure and clene frome euery spyce of pryde, couetyse & worldely loue. And therfore were y• heretykes lykely thus to make mery a good whyle, before there sholde be found[…] good iudges for them.

Now as for the […]other poynt, that bysshoppes sholde not arreste them / thys wolde also helpe to the surety of innocentes, as frome any trouble of suyt / & so wyll it also ferther, yf neyther bysshop nor kynge arrest them. And in lyke wyse wyll it saue innocentes from y• trouble of all false endyghtementes, yf no man shold be neyther for no felony arrested nor endyghted neyther.

But than thys waye wold not well serue for the tother syde, that wylfull offenders sholde not passe vnpunyshed. And therby syth it wold helpe wylfull offendours to passe wythoute punysshement / it myghte happe to punyshe innocētes more sore, than shold the trouble of suy[…] & wrongfull arrestyng do.

But yet is thys pacyfyer not so fauourable towarde folke suspected of heresye, as to take away the power of the bysshoppe for euer, of arrestynge them, and to dryue the ordynaryes for euer to suecytacyons agaynst heretykes and processe of excommunycacyō / but wyll haue he sayth the bysshoppes power of arrestyng no lenger suspended, than as longe as spyrytuall men haue that greate desyre to cause mē abiure or to haue them punysshed for heresye / as though he had wel proued that they haue so, bycause he sayth that some men saye so.

But now yf Some say be no suffycyent profe / than is hys tale los[…]e. For than he sheweth no cause why that power of theyrs shold in any cause be more supended now, than in any tyme here before. […]nd on y• to[…]her s[…]de, yf some saye be a good profe / than the suspendynge wyll be as long as a […]pryuyng for euer, syth there shall neuer be any tyme […]n whyche there shall lake one or other some say to say more than […]routh.

yet is he content at the last, lest euery man myghte spye the perell of hys deuyce, to […]empere hys deuyce in suche wyse, that tyll the spyritualty […]aue lefte theyr cruell desyre […] […]urynge and punyshyng folke for heresye, they sholde not be suffred to arreste folke for euery lyght suspycyon, or euery complaynt of heresye. How be it he graunteth that where one is openly and notably suspected of heresy, and suffycyēt recorde and wytnes agaynste hym, and bysydes all that, a dowte that he wold fle wherby he myghte enfecte other: than he graunteth it conuenyent that he sholde be arrested by y• body. And therin he bryngeth in the Clemētine and the statute, by whych the ordynaryes haue power to arreste folke for suspycyon of heresye / and wold as farre as I perceyue, haue the kynge […]eforme thē after his deuyce. But yet syth which is a lyght suspycyon, and whyche is an heuy / and whyche is a lyghte complaynte and whych is an heuy / and whyche is an open s[…]spycyon, and whyche but a preuy, and whyche suspycyon is notable, and whyche is not notable, & whyche wytnesses b[…] suffycyent, and whyche be not suffycyēt, be thynges that must be wayed by the spyrytuall iudges / and vpon theyr wayenge of y• mater for lyght or heuy, must folow the arre […] of the party or the leuynge of the arreste: we be come agayne as in a mase to the poynt where we beganne, that be the mater g[…]ate or smale, leste all the whyle they […] cruell they sholde iudge […] heuy and smale greate, theyr arrestynge of any at all muste be suspended fro them, and sende them to sue by cytacyon, tyll menne se that same mynde of theyrs of desyrynge mennys abiuracyon and punyshement vtterly chaunged and ceace / that is to saye tyll there be no man left that wyll so myche as saye that some men saye that they haue not lefte that mynde yet, & make a lye agayne of them than, as those some haue done that haue so sayde all redy to syr Iohn̄ some saye now. And longe wyll it be I warraunt you ere euer all suche folke fayle.

And therfore syth in the meane season by thys pacy […]yers good deuyse, heretykes may go vnarrested / I can not byleue that yf hys waye were folowed, it wold be any good mene to make that wylfull offenders in heresye sholde not passe vnpunyshed, as fast as bothe in the ende of thys chapiter and the tother before also▪ he calleth vppon the kynges hyghnes and hys counsayle and hys parleament, to loke vppon thys mater after hys good aduertysemēt, and neuer ceace tyll they brynge it to effecte.

I lytle doute but that yf the kinges hyghnesse do as I doute not but hys hyghnesse wyll do, maynteyne & assyste the spyrytualty in executynge of the lawes, euyn those that are all redy made agaynst heresyes / and commaunde euery temporall offycer vndes hym to do the same for hys parte: though there were neuer mo newe lawes made therfore, yet shall both innocentes be saued harmelesse well ynough, and offendo[…]s punyshed to.