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.]
by the dore, but wendith upon an other halfe, hee is a night theefe and a day theefe. And there he telleth how he that flieth from their flocke, is not the sheapherd but an hired man, and it pertaineth not to him of the sheepe.
2. Conclusion.To the second conclusion: That, he saien, is errour or heresie, that toucheth taking away of the temporalties and of lordships of priests that bene euill liuers.
Declaration.I saie, me seemeth that the conclusion is true, and is this: That it were medefull and leefull to secular lordes, by way of charitie, and by power giuen to them of God, in default of prelates that amend naught by Gods lawe; cursed curates that openlie misuse the goods of holy church, that ben poore mens goods: and customably ayens the law of God (the which poore men, lordes ben holden to maintaine and defend), to take awaie and to draw from such curates, poore mens goods in helpe of the poore, and their owne wilfull offeringes, and their bodilie almes deedes of worldlie goods, and giue them to such as duelie seruen God in the church, and ben readie in vpbearing of the charge that prelates shoulden doe and done it not. Every gift given upon condition is frustrate upon the breach of every such condition.And as anentes taking away of temporalties, I say thus: That it is leefull to kings, to princes, to dukes, and to lords of the world, to take away from popes, from cardinals, from bishops, prelates, and possessioners in the church, their temporalties, and their almes that they haue giuen them vpon condition that they shoulden serue God the better: when they are verilie seene that their giuing and taking bene contrarie to the law of God, contrarie to Christes liuing and his apostles; and namelie in that they taken vppon them, they that shoulden be next followers of Christ and his apostles in poorenesse and meekenesse, to be secular lords against the teaching of Christ and of S. Peter. Truelie me seemeth that all christen men, and namelie priestes shoulden take keepe, that their doing were according with the lawe of God, either the old law, either the new. The priestes of the olde lawe weren forbidden to haue lordships among their brethren: for God said, that he would be their part and their heritage. And Christ, that was the highest priest of the Newe Testament, forsooke worldlie lordship, and was here in fourme of a seruaunt, and forbad his priests such lordships, and said, 'Reges gentium dominantur eorum, &c. vos autem non sic.' That is: 'The kings of the heathen, beare dominion and rule, &c.; but you shall not do so.' And as S. Peter saith, 'Neque dominantes in clero,' &c. 'Not bearing rule and dominion of the clergie,' &c. So it seemeth me: that it is against both lawes of God, that they haue such lordshippes, and that their title to such lordshippes is not full good. And so it seemeth me, that zif they bene thereto of euill liuing, it is no great perill to take away from them such lordships, but rather meedfull, if the taking awaie were in charitie, and not for singular couetousnesse ne wrath. And I suppose that if friers, that bene bounden to their founders to liue in pouertie,[1] woulde breake their rule and take worldlie lordships, might not men lawfullie take from them such lordships, and make them to liue in pouertie as their rule would? And forsooth it seemeth me, that priestes oughten also well to keepe Christes rule, as friers owen to keepe
- ↑ If the pope may take from the friars, to cause them to keep St. Francis rule, may not the emperor take from the pope, to cause him keep Christ's rule.
