A67926:657
Acts and monuments of matters most special and memorable, happening in the Church. [vol. 2, part 1] with an universal history of the same, wherein is set forth at large the whole race and course of the Church, from the primitive age to these latter times of ours, with the bloody times, horrible troubles, and great persecutions against the true martyrs of Christ, sought and wrought as well by heathen emperors, as now lately practised by Romish prelates, especially in this realm of England and Scotland. Newly revised and recognised, partly also augmented, and now the fourth time again published and recommended to the studious reader, by the author (through the help of Christ our Lord) John Fox, which desireth thee good reader to help him with thy prayer.Actes and monuments of matters most speciall and memorable, happenyng in the Church. [vol. 2, part 1] with an vniuersall history of the same, wherein is set forth at large the whole race and course of the Church, from the primitiue age to these latter tymes of ours, with the bloudy times, horrible troubles, and great persecutions agaynst the true martyrs of Christ, sought and wrought as well by heathen emperours, as nowe lately practised by Romish prelates, especially in this realme of England and Scotland. Newly reuised and recognised, partly also augmented, and now the fourth time agayne published and recommended to the studious reader, by the author (through the helpe of Christ our Lord) Iohn Foxe, which desireth thee good reader to helpe him with thy prayer.
London: printed by John Daye, 1583London: printed by Iohn Daye, 1583
No title page in the transcription: set from the catalogue record.
Modern spelling is a reading aid: the words are the author’s, only the spelling is modernized. Original shows the page as printed, with the transcription marks.
Furthermore, if it happen that 2. or more do fight without any weapon in a Churchyard, only with their fists,1 or by the hear, that there be never so little blood shed, by & by the clergy have recourse to enterdiment, & do not suffer any more Christen burials there to be done, before that all the citizens with great pomp & expenses do cause it to be consecrated & hallowed again with no less charge, then when at the first, of a profane place, it was hallowed for burial: all which things do redound to the charges & costs of the laity. And though the churches or chapels be never so little ⟨p. 861⟩which are so hallowed: yet the suffragans do burden and oppress the simple poor households, be they never so bare or needy, with superfluous expenses, and require moreover gifts of the people, which is not for their ease to give.
FUrthermore, if it happē that 2. or more do fight without any weapon in a Churchyard, onely with their fists,1 or by the heare, that there be neuer so litle bloud shed, by & by ye clergy haue recourse to enterdiment, & doe not suffer any more Christen burials there to be done, before that all the citizens with great pomp & expenses do cause it to be consecrated & halowed againe with no lesse charge, then when at the first, of a prophane place, it was halowed for burial: all which things do redound to the charges & costes of the laity. And though the churches or chapels be neuer so litle ⟨p. 861⟩which are so hallowed: yet the suffraganes do burden and oppresse the simple poore housholdes, be they neuer so bare or nedy, with superfluous expenses, and require moreouer gifts of the people, which is not for theyr ease to geue.
Also the suffragans have invented that no other, but only themselves may baptise belles for the lay people.1 Whereby the simple people, upon the affirmation of the suffragans do believe, that such belles so baptised, will drive away evil spirits and tempests: whereupon a great number of godfathers are appointed, especially such as are rich: which at the time of the baptising, holding the rope wherewithal the bell is tied, the suffragan speaking before them, as is accustomed in the baptising of young children, they altogether do answer,2 & give the name to the bell. The bell having a new garment put upon it, as is accustomed to be don unto the Christians, after this they go unto sumptuous ban kets, whereunto also the gossips are bidden, that thereby they might give the *greater reward, and the suffragans with their chaplains and other ministers, are sumptuously fed. Yet doth not this suffice, but that the suffragan also must have a reward which they do call a small gift or present: whereby it happeneth oftentimes, that even in small villages, a 100. florins are consumed and spent in such christenings: which is not only superstitious, but also contrary unto Christian religion, a seducing of the simple people, and mere extortion. Notwithstanding the Bishops, for to enrich their Suffragans, do suffer these things and other far worse: wherefore such wicked and unlawful things ought to be abolished.
Also the suffragans haue inuēted that no other, but only themselues may baptise belles for the lay people.1 Wherby the simple people, vpō the affirmation of the suffragans do beleue, that such belles so baptised, wil driue away euill spirits and tempests: wherupon a great number of godfathers are appoynted, especially such as are riche: which at the time of the baptising, holding the rope wherwithal the bel is tied, the suffragan speaking before them, as is accustomed in the baptising of young children, they altogether do answere,
The Officials also of Archbishops for the most part, are unlearned & unable men,1 besides that, men of evil conditions, taking thought for nothing but only for money. Also, how corruptly they live and continue in notorious crimes & transgressions, it is daily seen. Whereby the laity, whom they ought to correct and punish for their offences, & instruct in Christian godliness, are not in any point, by them amended, but rather by them encouraged and confirmed in their offences. Besides this, the laity are miserably robbed & spoiled of their goods, by these light & vile officials. In whose conscience there is no spark of christian pity and godliness, but only a wicked desire, & covetousness. Which thing the archbishops and bishops, if they were in deed such as they are called, that is to say, the pastors and shepherds of Christ, without doubt, they would no longer suffer, or commit Christs flock, to such wicked and offensive pastors to be fed and nourished.
THe Officials also of Archbishops for the most part, are vnlearned & vnable men,1 besides that, men of euil conditions, taking thought for nothing but onely for money. Also, howe corruptly they liue and continue in notorious crimes & transgressions, it is daily sene. Wherby the laity, whom they ought to correct and punish for their offences, & instruct in Christian godlinesse, are not in any poynt, by them amēded, but rather by them encouraged and confirmed in their offences. Besides this, the laitie are miserably robbed & spoiled of their goodes, by these light & vile officials. In whose conscience there is no sparke of christian pity and godlines, but only a wicked desire, & couetousnesse. Which thing the archbishops and bishops, if they were in dede such as they are called, that is to say, the pastours and shepheards of Christ, without doubt, they would no lōger suffer, or commit Christes flocke, to such wicked and offensiue pastors to be fed and nourished.
Whensoever any causes are pleaded in judgement before an Ecclesiastical judge,1 either for ravishing of virgins, or for children unlawfully borne out of wedlock, or for servants wages, or any other matters touching widows, the Ecclesiastical judges being called upon by the superiors of the laity which do contend, they will neither defer that judgement, or by any means will be entreated to remit them to their ordinary jurisdiction.
WHensoeuer any causes are pleaded in iudgement before an Ecclesiasticall iudge,1 either for rauishyng of virgins, or for children vnlawfully borne out of wedlocke, or for seruants wages, or any other matters touching widowes, the Ecclesiasticall iudges being called vpon by the superiors of the laitie which do contend, they will neyther deferre that iudgement, or by any meanes wil be intreated to remit them to theyr ordinarie iurisdiction.
1IT happeneth oftentimes, that men and women, through sinister and false reports & slanders, are brought before the Official or Ecclesiastical judge, as men guilty, and shall not be declared innocent, before they have cleared themselves by an oath. Which purgation so made, they are restored again to their former estimation. And albeit that the damages & costs ought to be repaid again, unto such as be so falsely accused, yet notwithstanding the innocents themselves, are forced to pay two guilders and a quarter, for their letters of absolution. And this is the cause, why that the Officials & other Ecclesiastical judges, do so greedily follow the action of such unlawful, false, & slanderous accusations, challenging the hearing thereof only unto them selves: which thing (no doubt) redoundeth to the great and most singular hurt and detriment of all men: For oftentimes it happeneth that women falling together in contention through anger, hatred, or some other affection, do speak evil or slander one an other, and outrage so much, that the one oftentimes accuseth the other, either of adultery or witchery. Which thing being brought before the Official, she which through her anger had so slandered the other, is forced by an oath to excuse and purge her self, that whatsoever injurious or slanderous word she had spoken, came not of any deliberate purpose or intent, but through wrath and displeasure. In like manner the other which is accused either of adultery or sorcery, is commanded by an oath to declare her innocency, that she is not guilty of those facts, so that it is evident unto all men, that in such cases, whether they be guilty or not guilty, they must swear, if they will keep their good name and fame. Whereby not only the unlawful lucre of gain and money is sought, but also wilful perjury forced, and the secular power and judges letted from the punishment thereof, so that contrary to all reason, offences do remain unpunished.
1IT happeneth oftentimes, that men and women, through sinister and false reports & sclanders, are brought before the Official or Ecclesiasticall iudge, as men gilty, and shall not be declared innocēt, before they haue cleared thēselues by an othe. Whych purgation so made, they are restored again to their former estimation. And albeit that the damages & costes ought to be repaide againe, vnto such as be so falsly accused, yet notwithstāding the innocents thēselues, are forced to pay two gildernes and a quarter, for their letters of absolution. And this is the cause, why that the Officials & other Ecclesiastical iudges, do so greedely folowe the action of such vnlawful, false, & slanderous accusatiōs, chalenging the hearinge thereof onelye vnto them selues: which thyng (no doubt) redoundeth to the great and most singular hurt and detriment of all men: For oftentimes it happeneth that women falling together in cōtention thorowe anger, hatred, or some other affection, do speake euill or slaunder one an other, and outrage somuch, that the one oftentimes accuseth the other, either of adoultry or witchery. Which thinge being brought before the Officiall, shee which throughe her anger had so slaundered the other, is forced by an othe to excuse and purge her selfe, that whatsoeuer iniurious or slanderous word she had spoken, came not of any deliberate purpose or intent, but through wrath and displeasure. In like maner the other whiche is accused either of adoultrie or sorcerie, is commaunded by an othe to declare her innocencie, that shee is not guiltie of those factes, so that it is euident vnto all men, that in such cases, whether they be guiltie or not guiltie, they must sweare, if they will keepe theyr good name and fame. Whereby not onely the vnlawfull luker of gaine and money is soughte, but also wilful periurie forced, and the seculare power and iudges letted from the punishment therof, so that contrary to all reason, offences do remaine vnpunished.
All be it there be many causes so indifferent to both jurisdictions,1 that they may be pleaded and punished as well by the civill Magistrate, as ecclesiastical judge: notwt standing it happeneth oftentimes, that when as the civill Magistrates would exercise their office and jurisdiction in this behalf, they are forbidden and letted by the Ecclesiastical judges under pain of excommunication. Which thing if it should long continue, and be suffered, the Ecclesiastical judges would shortly take away all manner of causes from the civil Magistrate & his jurisdiction, which is untolerable and derogatory both unto the Emperors majesty, and other states of the Empire. And albeit that by the common laws, manifest perjuries, adulteries, witchcrafts and such other like, may indifferently be punished by Ecclesiastical, or civil judges for the time being, so that prevention in this behalf taketh place: notwithstanding the Ecclesiastical judges go about to usurp unto themselves and their jurisdiction, all such manner of causes: which burden and grievance the civill jurisdiction and power ought not to suffer.
ALl be it there be many causes so indifferent to both iurisdictions,1 that they may be pleaded and punished as wel by the ciuill Magistrate, as ecclesiasticall iudge: notwt standing it happeneth oftentimes, that when as the ciuill Magistrates would exercise their office and iurisdiction in this behalfe, they are forbidden and letted by the Ecclesiastical iudges vnder paine of excōmunication. Which thing if it should long continue, and be suffred, the Ecclesiasticall iudges would shortly take away all maner of causes from the ciuil Magistrate & his iurisdiction, which is vntolerable and derogatorie both vnto the Emperors maiesty, and other states of the Empire. And albeit that by the common lawes, manifest periuries, adulteries, withcrafts and such other like, may indifferently be punished by Ecclesiastical, or ciuil iudges for the time being, so that preuention in this behalfe taketh place: notwtstanding the Ecclesiasticall iudges goe about to vsurpe vnto themselues and theyr iurisdiction, all suche maner of causes: which burthen and greuance the ciuill iurisdiction and power ought not to suffer.
Moreover, the Ecclesiastical judges say,1 that in such case it is lawful for them to take profane matters in to their hands, if the civil magistrate be found negligent in executing of justice: but contrariwise they will not suffer that the like order should be kept with them, neither will they permit that in Ecclesiastical matters, any man may complain unto the civil Magistrate, for lack of justice, and require the administration of justice at his hand. Albeit, they do define all laws generally common, & determine how the Canon laws may help and assist the civil, and contrariwise the civil laws, the Canon.
MOreouer, the Ecclesiasticall iudges saye,1 that in suche case it is lawful for them to take prophane matters in to their hands, if the ciuil magistrate be found negligent in executing of iustice: but contrariwise they will not suffer yt the like order shoulde be kept with them, neither will they permit that in Ecclesiasticall matters, any man may complaine vnto the ciuil Magistrate, for lack of iustice, and require the administration of iustice at his hand. Albeit, they do define all lawes generally common, & determine howe the Canon lawes may help and assist the ciuil, and contrariwise the ciuil lawes, the Canon.
Forsomuch as it is forbidden both by gods law & mans,1 that no man should be beaten with 2. rods, that is to say, be punished with 2. kinds of torments: worthily therefore do all wise men detest & abhor the odious statutes of divers cathedral churches, whereby murderers, both men & women, & other, as well light as grievous offenders, have ben hitherto vexed & tormented: for hitherto it hath been accustomed that such as were guilty of murder & such other crimes (which they call cases reserved unto the bishops) after they had made their auricular confession, were compelled (to their great ignominy & shame) to do penance in the sight of all the people: which penance were not so much to be disallowed, hearing some semblance of the institution of the primitive church, if so be it these busy officials, being content therewith, would not extort more, and greater sums of money, then were right and lawful, and so punish those offenders with double punishment: wherewithal it is to be marvelled, how many be offended and grieved. Howe wicked a thing this is, and how far it differeth from Christs institution, we will refer it to every good conscience to judge.
FOrsomuch as it is forbidden both by gods law & mans,1 yt no man shuld be beaten with 2. rods, that is to say, be punished with 2. kinds of torments: worthely therefore do all wise men detest & abhorre the odious statutes of diuers cathedral churches, wherby murtherers, both men & women, & other, as wel light as greuous offenders, haue ben hetherto vexed & tormented: for hetherto it hath bene accustomed yt such as wer gilty of murther & such other crimes (which they cal cases reserued vnto the bishops) after they had made their auricular confession, were cōpelled (to their great ignominy & shame) to do penaunce in the sight of all the people: which penāce were not so much to be disalowed, hearing some semblance of the institution of the primatiue churche, if so be it these busie officials, being contente therewt, wold not extort more, and greater summes of money, then were right and lawful, and so punish those offenders with double punishment: wherewtall it is to be marueiled, how many be offended and greeued. Howe wicked a thynge thys is, and howe farre it differeth from Christes instititution, we will referre it to euery good conscience to iudge.
