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The Sentence against W. Sautre. "In the name of God, Amen. mas by the grace of God archbishop of Canturbury, primate of England and legate of the sea apostolicall, by the authoritie of God almighitic and blessed saint Peter and Paul, and of holy church, and by our owne authoritie sitting for tribunall or chief iudge, hauing God alone before our eyes, by the counsell and consent of the whole clergie our fellow brethren, and suffragans assistants vnto vs in this present councell prouinciall, by this our sentence definitiue do pronounce, decree, and declare by these presents thee William Sautre, otherwise called Chawtiey, parish priest pretensed, personally appearing before vs, in and vpon the crime of heresie iudicially and lawfully conuict, as an heretike, and as an heretike to be punished."-Which Sentence definitiue being thus read, the foresaid archbishop of Canturbury continued in the same prouincial councell till Wednesday next and immediatly ensuing, to wit, the 24 day of the same moneth of Februarie: which being ex

bread, holy, true, and the bread of life, &c.-1 by the mouth of Robert Hall, against the same After that, the foresaid archbishop asked sir William Sautre (being personally present, him, whether the same materiall bread before and refusing to reuoke his heresies, that is to consecration, by the sacramentall words of the say, his true doctrine, but constantly defended priest rightly pronounced, be transubstantiated the same) vnder the tenour of words as folfrom the nature of bread into the very body of loweth. Christ, or not? Whereunto sir William said, that he knew not what that matter meant.-And then the said archbishop assigned vnto the said sir William time to deliberate, and more fully to make his answere till the next day; and continued this conuocation then and there till the morrow, which morrow, to wit, the 19 day of Februarie being come, the foresaid archbishop of Canturbury, in the said Chapter-house of Saint Paul in London, before his councell prouinciall then and there assembled, specially asked and examined the same sir William Sautre there personally present vpon the Sacrament of the altar, as before. And the same sir William againe, in like maner as before, answered. After this, amongst other things the said bishop demanded of the same William, if the same materiall bread being vpon the altar, after the sacramentall words being of the priest rightly pronounced, is transubstantiated into the very bodie of Christ, or not? And the said sir William said he vnderstood not what he meant.—Then the said archbishop demanded, whether that materiall bread being round and white, prepared and disposed for the Sacrament of the bodie of Christ vpon the altar, want-pired, the bishop of Norwich, according to the ing nothing that is meete and requisite thereunto, by the vertue of the sacramentall words being of the priest rightly pronounced, bee altered and changed into the very body of Christ, and ceaseth any more to bee materiall and very bread, or not? Then the said sir William, deridingly answering, said, he could not tell.Then consequently the said archbishop demand-wise: ed, whether he would stand to the determination of the Holy Church or not, which affirmeth, that in the Sacrament of the altar, after the words of consecration being rightly pronounced of the priest, the same bread, which before in nature was bread, ceaseth any more to be bread. To this interrogation the said sir William said, that hee would stand to the determination of the Church, where such determination was not contrary to the will of God.This done, he demanded of him againe, what his judgement was concerning the Sacrament of the altar: Who said and atfirmed, that after the words of consecration, by the priest duly pronounced, remained very bread, and the same bread which was before the words spoken. And this examination about the Sacrament lasted from eight of the clocke of the same day vntil eleuen of the clocke, or thereabouts: insomuch that during all this time the foresaid William would no otherwise answere, neither yet touching the same Sacrament receiue Catholike information, according to the institution of the popes church and his Christian faith. Wherefore the said Canturburie, by the counsell and assent of his whole couent then and there present, did promulgate and giue sentence,

commandement of the said archbishop of Canturburie, presented vnto the foresaid William Sautre by a certain friend of his, being present at the same councell, a certaine processe inclosed and sealed with his seale, giuing the names of credible witnesses sealed with their scales; the tenor where of followeth in this

"Memorandum, that vpon the last day of April, in the yeere of our Lord, 1399, in the 7 indiction, and 10 yeere of the papacie of pope Boniface the 2, in a certaine chamber within the manor house of the said bishop of Norwich, at South Helingham (where the register of the said bishop is kept) before the 9 houre, in a certain chapell within the said manor situate, and the first day of May then next and immediatly ensuing, in the foresaid chamber sir W. Chawtris parish priest of the church of S. Margaret in the towne of Linne, appeared before the bishop of Norwich, in the presence of John de Derlington, archdeacon of Norwich, doctor of the decrees, frier Walter Disse, and John Rikinghall, professors in diuinitie, William! Carlton, doctor of both lawes, and William Friseby, with Hugh Bridham, publike notaries, and there publikely affirmed and held the conclusions, as before is specified. All and singular the premises the foresaid William affirmeth vpon mature deliberation. And afterwards, to wit, the 19 day of May in the yeere, indiction, and papacie aforesaid, in the chapell within the manour house of the said Henrie bishop of Norwich situate at South Helingham, the foresaid sir William reuoked and renounced

the sacrament is said, is no longer bread mate-
riall, but that it is turned into very Christs
bodie; and that I sweare here.
9. I say,
that this is false and erroneous, &c. 10. I say
as I said, &c."

all and singular the foresaid his conclusions; | erred by false information. Wherefore I aske abiuring and correcting all such heresies and forgiuenesse.-6. As concerning vowes, I say errours, taking his oth vpon a booke before the that opinion is false and erroneous, and by false foresaid Henrie the bishop of Norwich, that information I held it; for a man is holden to from that time forward hee would neuer preach, hold his vow, &c.-7. To the 7 article I say, affirme, nor hold, priuily nor apertly, the fore- that I did it by authoritie of priesthood, where said conclusions; and that he would pronounce, through I knowledge well that I haue guilt according to the appointment of the said bishop, and trespassed: wherefore I submit me to God the foresaid conclusions to be erroneous and he- and to holy church, and to you father, swearing resies in the parish churches of Linne, and Til- that I shall neuer hold it more.-8. To the ney, and in other places at the assignement of the 8, I say, that I held it by false and wrong said bishop and farther sware, that hee would information. But now I know well that it is stand to the ordinance of the said bishop touch-heresie, and that bread, anon as the word of ing the premisses, in the presence of the discreet and worshipfull men afore-recited with diuers other moe. As concerning the first conclusion, that he said he would not worship the crosse, &c. hee confessed himselfe to haue erred, and that the article was erroneous, and submitted himselfe. And as touching the second article, that he said he would rather worship a king, &c. he confessed himselfe to haue erred, and the article to be erroneous, and submitted himselfe, and so forth of all the rest. Then next after this, vpon the 25 day of May in the yeere of our Lord aforesaid, in the churchyard of the chappell of saint James within the towne of Linne, the foresaid William, in presence of the foresaid bishop and clergie, and the people of the said towne of Linne standing round about, publikely declared in the English tongue the foresaid conclusions to be erroneous and heresies, as was contained in a certaine scrole After this, the 26 day of May in the yeere abouesaid, in the church of the hospitall of saint Johns in the towne of Linne, the said sir William, before the said bishop sitting as iudge, swore and tooke bis oth vpon the holy Euangelists, that hee would neuer after that time preach openly and publikely the foresaid conclusions, nor would heare the confessions of any of the subiects of his diocesse of Norwich, without the speciall licence of the said bishop, &c. In the presence of frier John Smermen, M. John Rikinghall doctor of diminitie, W. Carlton doctor of both lawes, and Thomas Bulton officer of the liberty of Linne aforesaid, with diuers others."

The tenor of the Scrole and Recantation. "1. 2, Imprimis, touching the first and second, where I said that I would adore rather a temporall prince, and the liuely bodies of the saints, than the woodden crosse whereupon the Lord did hang, I doe reuoke and recant the same as being therein deceiued.--3. To this I say, that the article is false and erroneous, and by false information I held it; the which I renounce and aske forgiueness thereof, and say, that it is a precious relique, and that I shall hold it while I liue, and that I sweare here. 4. I know well that I erred wrongfully by false information: for I wot well, that a deacon or a priest is more bound to say his mattens and houres than to preach; for thereto he is bounden by right wherefore I submit me, &c.-5. Touching that article, I know right well that I

This being done, the 22 of February aforesaid in the yeere of our Lord 1400 in the Chapter-house of Saint Paul in London aforesaid; the foresaid archbishop of Canterbury, in the conuocation of his prelates and clergie and such like men there being present, caused the forerecited processe of the bishop of Norwich to bee read openly and publikely to sir William Sautre, otherwise called Chautris. And afterward he asked the said sir William, whether he plainely vnderstood and knew such processe and the contents within the same; and he said, Yea. And further he demanded of him, if hee would or could say or obiect any thing against the processe; and he said, No. And after that incontinent, the foresaid archbishop of Canturburie demanded and obiected against the said sir William, as diuers others more did; that after hee had before the bishop of Norwich reuoked and abiured iudicially diuers errors and heresies, among other errors and heresies by him taught, holden and preached, he affirmed; that in the same Sacrament of the altar after the consecration made by the priest, as he taught, there remained materiall bread: which heresie amongst others as errors also hee abiured before the foresaid bishop of Norwich. Hereunto the foresaid William answered smiling or in mocking wise, saying, and denying that hee knew of the premises. Notwithstanding hee publikely affirmed, that he held and taught the foresaid things after the date of the said processe made by the said bishop of Norwich, and that in the same councell also hee held the same. Then finally it was demanded of the said sir William, why he ought not to bee pronounced as a man fallen into heresie, and why they should not further proceede vnto his degradation according to the canonicall sanctions: whereunto he answered nothing, neither could he alledge any cause to the contrary.-Whereupon the foresaid archbishop of Canturbury by the counsell and consent of the whole councell, and especially by the counsell and assent of the reuerend fathers and bishops, as also priors, deanes, archdeacons, and other worshipfull doctors and clerkes then and there present in the councell, fully determined to proceed to the degrada

tion, and actuall deposing of the said William | priue thee of all power and authority of celeSautre, as refallen into heresie and as incor- brating the masse, and also wee pull from thy rigible, according to the Sentence definitiue put backe the casule, and take from thee the vestin writing, the tenor whereof is in words as ment, and depriue thee of all manner of priestly followeth. "In the name of God, amen. honor.-Also we Thomas the aforesaid archWe Thomas by the grace of God archbishop bishop by authoritie, counsell, and assent, of Canterbury, legate of the Sea apostolicall, which vpon the foresaid William we haue and Metropolitane of all England, doe find being deacon pretensed, in the habit and apand declare that thou William Sautre, other parell of a deacon, hauing the new Testament wise called Chautris priest, by vs with the in thy hands, being an heretike, and twice falcounsell and assent of all and singular our leu, condemned by sentence as is aforesaid, fellow brethren and whole clergic, by this our doe degrade and put thee from the order of a sentence definitiue declared in writing, hast deacon. And in token of this thy degradation beene for beresic conuict and condemned, and and actuall deposition we take from thee the art (being againe fallen into heresie) to be de- booke of the new Testament, and the stole, and posed and degraded by these presents."-And doe depriue thee of all authoritie in reading of from that day being Wednesday there was in the gospell, and of all and all manner of dignithe said councell prouinciall nothing further tie of a deacon.-Item, we Thomas archbishop prosecuted, but was continued with all depen- aforesaid, by authoritie, counsell, and assent, dents till the Friday next ensuing. Which Friday which ouer thee the foresaid William we haue, approching, master Nicholas Rishton, by the being a subdeacon pretensed, in the habit and commandement of the said archbishop of Can- vestiment of a subdeacon, an heretike, and turbury, being then busied, as he said, in the twice fallen, condemned by sentence, as is parliament house, continued this councell and aforesaid, doe degrade and put thee from the conuocation with all incidents, dependents, order of a subdeacon; and, in token of this thy and occasions, growing and annexed there- degradation and actuall deposition, wee take unto, to the next day, to wit, Saturday next and from thee the albe and maniple, and do deimmediately after ensuing. Vpon Saturday, priue thee of all and all manner of subdiaconicall being the 20th of the said month of Februarie, dignity.-Also, we Thomas archbishop aforethe foresaid archbishop of Canturbury sate in said, by counsell, assent and authoritie which the bishops seat of the foresaid church of St. wee haue ouer thee the foresaid William, an Paul in London, and solemnly apparelled in acolyte pretensed, wearing the babite of an his pontificall attire, sitting with him as his acolyte, and heretike, twice fallen, by our senassistants these reuerend fathers and bishops, tence, as is aforesaid, condemned, doe degrade of London, Lincolne, Hereford, Exeter, Me- and put from thee all order of an acolyte; and neuensis & Roffensis Episcopi, aboue mentioned, in signe and token of this thy degradation, and commanded and caused the said sir William actuall deposition, we take from thee the canSautre, apparelled in priestly vestments, to bee dlestick and taper, and also vrceolum, and brought and appeare before him. That done, doe deprive thee of all and all manner dignitie he declared and expounded in English to all of an acolyte.-Also we Thomas archbishop the clergy and people there in a great multi- aforesaid, by assent, counsell, and authoritie, tude assembled; that all processe was finished which vpon thee the foresaid William wee and ended against the said sir William Sautre. haue, an exorcist pretensed, in the habite of Which thing finished, before the pronouncing an exorcist or holy water clerke, being an hereof the said sentence of the relapse against the tike, twice fallen, and by our sentence as is said sir William, as is premised, he often then aforesaid, condeinned, doe degrade and deand there recited and read. And for that hee pose thee from the order of an exorcist; and, saw the said William in that behalfe nothing in token of this thy degradation and actuall abashed; hee proceeded to his degradation deposition, we take from thee the booke of conand actuall deposition in forme as followcth. iurations, and doe deprine thee of all and singular dignitie of an exorcist.-Also, we Thomas archbishop aforesaid, by assent, counsell, and authoritie, as is abouesaid, do degrade and depose thee the foresaid William, reader pretensed, clothed in the habite of a reader, an heretik, twice fallen, and by our sentence, as is aforesaid, condemned, from the order of a reader; and, in token of this thy degradation and actuall deposition, we take from thee the booke of the diuine lections (that is, the hooke of the church legend) and doe depriue thee of all and singular manner of dignity of such a reader. Item, we Thomas archbishop of Canturburie aforesaid, by authoritie, counsell, and assent, the which we haue, as is aforesaid, doe degrade, and put thee the foresaid William Sautre, sextou pretensed, in the habite of a

"In nomine Patris, & Filij & Spiritus Sancti. We Thomas by Gods permission archbishop of Canturbury, prinate of all England, and Legate of the apostolike sea, doe denounce thee William Sautre, otherwise called Chautris, chaplaine fained, in the habite and apparell of a priest, as an heretike, and one refallen into heresie, by this our sentence definitiue, by counsell, assent, and authoritie to be condemned; and by conclusion of all our fellow brethren, fellow bishops, prelates, councell prouinciall, and of the whole clergy, doe degrade and depriue thee of thy priestly order. And in sigue of degradation and actuall deposition from thy priestly dignitie, for thine incorrigibilitie and want of amendment, we take from thee the patent and chalice, and doe de

of the clergie, decreeing to leave him vnto the secular power; and hath really so left him, according to the lawes and canonicall sanctions set forth in this behalfe, and also that our holy mother the church hath no further to doe in the premises; we therefore being zealous in religion, and reuerent louers of the catholike faith, willing and minding to maintaine and defend the holy church, and the lawes and liberties of the same, to roote all such errors and heresies out of our kingdome of England, and with condigne punishment to correct and punish all heretikes or such as be conuict; prouided alwayes that both according to the law of God and man, and the canonicall institutions in this behalfe accustomed, such beretikes conuict and condemned in forme aforesaid ought to be burned with fire: We command you as straitly as we may, or can, firmely enioyning you that you doe cause the said William, being in your custodie, in some publike or open place within the liberties of your citie aforesaid (the cause aforesaid being published vnto the people) to he put into the fire, and there in the same fire really to bee burned, to the great horror of his offence, and the manifest example of other christians. Faile not in the execution hereof, vpon the perill that will fall thereupon: Teste rege, apud Westin. 26 Febr, an. regni. sui. 2do."

sexton, and wearing a surplice, being an heretike, twice fallen, by our sentence definitiue condemned, as aforesaid, from the order of a sexton and, in token of this thy degradation and actuall deposition, for the causes aforesaid, wee take from thee the keyes of the church doore, and thy surplice, and do depriue thee of all and singular manner of commodities of a doore keeper. And also, by the authoritie of omnipotent God the father, the sonne, and holy Ghost, and by our authoritie, counsell, and assent of our whole councell prouinciall aboue written, we doe degrade thee, and depose thee, being here personally present, before vs, from orders, benefices, priuiledges and habite in the church; and for thy pertinacie incorrigible wee doe degrade thee before the secular court of the high constable and marshall of England, being personally present; and doe depose thee from all and singular clerkely honors and dignities whatsoeuer by these writings. Also, in token of thy degradation and deposition, here actually wee haue caused thy crowne and ecclesiasticall tonsure in our presence to be rased away, and utterly to be abolished, like vnto the forme of a secular lay man; and here we doe put vpon the head of thee the foresaid William the cap of a lay secular person; beseeching the court aforesaid, that they will receiue fauourably the said William vnto them thus recommitted."-Thus William Sautre the seruant of Christ, being vtterly thrust out of the popes kingdome, and metamorphosed from a clerke to a secular lay man, was committed (as ye haue heard) vnto the secular power. Which so done, the bishops, yet not herewith contented, cease not to call upon the king, to cause him to be brought forth to speedie execution.lating to heresy are those here mentioned by Whereupon the king, readie enough and too much to gratific the clergy, and to retaine their fauours, directeth out a terrible decree against the said William Sautre, and sent it to the maior and sheriffes of London to be put in execution; the tenor whereof here vnder ensueth.

The Decree of the King against William

Sautre.

Note. This writ De Hæretico Comburendo, for burning Sawtre seems to be a special act of parliament made for that purpose, being tested per Regem et concilium in parliamento, which is to be intended of an act of parliament, see 8 Coke's Rep. 19, a. Prince's case, 1 Hale's P. C. 396. 709.-The two first statutes re

lapsed, he was to be left to the secular arm; and the sheriff (whom the ordinary might call to be present at the trial) was to cause the party to be burnt in some high (or open) place.

Fox 5 R. 3. C. 5, enacting that sheriffs and other civil officers should apprehend and imprison persons suspected of heresy in order to their being tried by Holy Church, and 2 Henry 4. cap. 15. impowering every diocesan to imprison persons suspected of heresy in their respective dioceses, and try them (so that such diocesan proceeded judicially and openly against such persons), and where any person was con"The Decree of our soueraigne lord the King victed, he might be imprisoned at the discretion and his councell in the parliament, against a of the ordinary; or, if the party refused to abcertaine new sprung vp heretike. To the ma-jure his errors, or having abjured them, reior and sheriffes of London, &c. Whereas the reuerend father Thomas archbishop of Canturbury, primate of all England, and legat of the apostolike sea, by the assent, consent, and counsell of other bishops, and his brethren suffragans, and also of all the whole clergie within his prouince or dioces, gathered together in his prouinciall councell, the due order of the law being obscrued in all points in this behalfe, hath pronounced and declared, by his definitiue sentence, William Sautre sometime chaplaine fallen againe into his most damnable heresie, the which beforetime the said William had abiured, thereupon to bee a most manifest heretike, and therefore hath decreed that he should bee degraded, and hath for the same cause really degraded him from all prerogatiue and priuiledge

The lord chief justice Brook (in his Abridg ment, tit. Heresy) says, that upon this statute it was resolved, That if a person was convicted of heresy in the presence of the sheriff, the ordinary might commit him to the same sheriff, and he was to cause him to be burnt without the writ de Hæretico comburendo; but if the sheriff was absent, or if the heretic was to be burnt in another county, in either of these cases the writ de Hæretico comburendo must be first obtained before the sheriff could burn him.

Some authors have wondered why the writ, de

Heretico comburendo was issued for the burning of Sawtre, when by the last-mentioned act the sheriff was empowered to execute persons convicted of heresy, without that writ; But the wonder ceases, if we consider that the sheriff could not proceed to execute the offender by his own authority, unless he was present at the conviction; and though the diocesan might call the sheriff to attend the trial, yet he might too convict the offender in his absence. And further, Sawtre was convicted by the convocation; and it may be difficult to give one instance where the convocation called the sheriff to assist at the trial of an heretic; and, if they had, such a conviction was not within the letter of the act: Therefore, upon this conviction, the sheriff was under a necessity of waiting for the writ de Hæretico comburendo, before he could execute him.

By the 2d of Henry 5. cap. 7. all civil officers were to be sworn to assist the ordinaries in extirpating heresies; and one convict of heresy was to forfeit his goods and chattels, and fee-simple lands.

By the 25th of Henry 8. cap. 14. the act of the 2d of Henry 4. is in part repealed; and it is thereby provided, That no person shall be executed as an heretic without the writ de Haretico comburendo first obtained.

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So that at this day a person convicted of heresy is liable only to excommunication, and such pains and disabilities as persons standing excommunicated for any other offence, (which however are not very light) for if the excommunicate person be not reconciled to Holy Church within forty days, he is liable to be taken by the civil powers under the writ de excommunicato capiendo, and to be imprisoned until he be so reconciled. See Comyn's Digest, tit. Excomengement. For further learning concerning Heresy, see Britton, l. 1. c. 17. Fitzh. Nat Brev. 594, 595, 1 Hale's P'. C. 392, 394, 396, 709. Whitlock's speech in H. of Com. on Naylor's case, December 16, 1656, Cobbett's Parl. Hist. and Burn's Ecclesiastical law. Rapin's state of the church from 1272 to 1399, in the first vol. of his History, should be read.

18. The Trial and Examination of Master WILLIAM THORPE, Preste, for Heresye, before Thomas Arundel, Archebishop of Canterbury: 8 Hen. IV. A. D. 1407. Written by Himself. [1 Fox's Acts and Monum. 689. Coll. Eccl. Hist. 625.]

KNOWEN be yt to all men that rede or heare thys Writing benethe, That on the Sondaye next after the Feste of Seynt Peter, that we call Lammesse, in the yeare of our Lord a M.CCCC. and vii. yeare, I William Thorpe, being in preson in the castell of Saltwoode, was brought before Thomas Arundell archebyshope of Canterbury, and Chauncellor than of Ingland: And when that I came to hym, he stoode in a great chamber, and moch people aboute hym; and when that he sawe me, he went faste into a closett, bydding all seculer men that folowed him to go forth from hym sone; so that no man was left than in that closet but the archebyshop hymselfe, and a physician that was callyd Malueren, person of Seynt Dunstanys in London, and other two personys, unknowen to me, whych ware minysterys of the lawe. And I standyng before them, by-and-by the archebyshop seyd to me, William, I know well that that thou hast thys twenty wynter and more trauelyd about besyly in the North contre, and in other diverse contres of Ingland, sowying about false doctrine, hauying great busynesse yf thou myght wyth thyne untrew teachyng, and shrewyd will for to infecte and poyson all this lande: but through the grace of God thou art now wythstonded and brought in to my warde, so that I shall now sequester the from thyne euill

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purpose, and lett the to enuenyme the shepe of my provynce. Never the lesse Seynt Paul seythe, Yf it may be as ferre as in us is, we owe to have peace wyth all men: therefore William, yf thou wyll now mekely, and of good harte, without onye feynyng, knele downe and leye thy hande upon a booke and kysse yt, promysying feythfully, as I shall here charge the, that thou wilt submyt the to my correccyon, and stande to myne ordinance, and fulfyll yt dewly by all thy connyng and power, thou shall vet fynde me gracyouse unto the.' Then seyd I to the Archbishop, Syr, syns ye deme me an Heretyke out of beleue, wyll ye gyue me here audience to tell my Beleue; and he seyd, ye tell on. And I seyd, I beleue that there is not but one God Almyghty, and in thys Godhede, and of thys Godhede ar thre Persones; that is, the Fader, the Sonne, and the sothe faste Holy Goste: And I beleue that all thes thre persones ar euen in power, and in connyng, and in myght, full of grace and of all goodnesse; for whatsoever that the Father dothe, or can, or wyll, that thyng also the Sonne dothe, and can, and wyll; and in all their power, connyng and wyll, the Holy Goste is equall to the Father and to the Sonne. Ouer thys I beleue, that through counsell of thys moste blessyd Trinitie, in a moste conuenient tyme before ordenyd for the salvacyon of man

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