to say the trouth not so myche as one For he whose attendaunce hys grace vseth moste is far the moste parte of the yere in hys owne dyocise euery daye ¶ And therfore as I sayd before all these verse dyfferences and all these dyuersytees whiche thys good man sayeth bytwen the suit ex â—fficio in heresye the not procedynge with out indyghtemâ—tes vpon treason or felony proueth at the very fertheste not that the suit ex offâ—cio is noughte but that not to procede but vpon a presentemeÌ„t wâ—re the better away And than I saye that it is a pore tale and a colde yf a man wolde come forth labour vs to breke euery olde lawe longe vsed in this realme whyche he could not proue but that it were good inough but yet wolde nedes haue it chauÌ„ged bycause that if it were now to make hym selfe coulde he sayth make it better ¶ But now wyll I come a lytell nerer vnto this good man wyth the â—oâ—he rpoynte y t I towched before y t is to wytte that it is not in thys matâ—r inough for this good maÌ„ to proue 〈◊〉 that not to procede wythout open oâ—â—â—sacion or presentement is the betâ—er waye bothe vppon treason and â—â—â—onye but yf he proue vs ferther iâ— aâ— the same waye were also better in heresye ¶ But thanne haue I shewed byfore in myne apologye that in heresye that waye wyll not serue And that haue I there proued by the playneste profe that in suche maner thynges any man can make that is to wytte by comon open experyence wherunto thys good man of polycy wolde geue none eare but in hys answere he hath left it quyte out ¶ And therein he fareth lo lyke a geste that maketh hys rekenynge hym self without his hoste which is therfore after fayne to reken agayn as I shall nowe brynge in here one peny more into this good mannes rekenynge whyche I perceyue well hym selfe wold very fayne forgete Lo thus wrote I ferther good readers to wchynge thys poynte in that selfe same chapiter of myne apology folio 226. But yet wyll peraduenture thys pacyfyer saye that sometyme in some very specyall case he coulde be conteÌ„t that the spyrytuall iudge shold vpon hysâ— dyscrecyon call one for suspycyoÌ„ of heresye ex officio but he wolde not haue men comenly called but eyther by accusacyoÌ„ or presentemeÌ„t in theyr senys or endyghtemeÌ„tes at the comoÌ„ lawe I had as lyefe for any thynge that I se that thys pacyfyer sholde say thus By thys way that they be called I wolde not haue them called but I wolde haue them called after suche an order as they myght be sure that than sholde they neuer be called For as for accuse folke openly for heresye euery man hath experyence inough that ye shall seldome fynde any man that wyll but yf the iudge shold set an officer of the court therto wythout any perell of expensys and than were thys way and that way all of one effecte And as for presentemeÌ„tes and endyghtemeÌ„tes what effecte wolde come of them concernynge heresye ye se the profe I trowe metely well all redy For thys is a thyng well knowen vnto euery man that in euery sene euery sessyon of peace euery sessyon of gaole delyuery euery lete thorough the realme the fyrste thynge that the iury haue gyuen them in charge is heresye And for all thys thorow the whole realme how many presentemeÌ„tes be there made in the whole yere I wene in some seuen yere not one And I suppose no man dowteth but that in the meane time some there be I wyll not be curiouse about the serchyng out of y e cause why it is eyther neuer or so very selde presented not fyue in fyftene yere But thys I saye that syth some wyl not some can not and none doth yf he sholde put away the processe ex officio the thyng shold be lefte vndone and than shold soone after with heretykes encreaced and multyplied the fayth be vndone and after that thorough the stroke of god reuengyng theyr malyce and our neglygence sholde by sedycyon trouble and derth deth in thys realme many men bothe good and badde be vndone And therfore for conclusion of this pyece my pore aduyce counsayle shal be that for heresye and specyally now thys tyme men shall suffer the proâ—esses ex officio stande and for as many other synnys also as are onely reformable by the spyrytuall law excepte there be any such synnys of theym as ye thynke were good to growe ¶ What hath this good man good readers sayd vnto this pyece what shall we good reders say now to this good man y t in this goodly answere of his whiche he wolde were taken for so stronge vnto this piece vppon whiche grâ—at part of the mater hangeth sayth not so mych as mum but letteth it sâ—ippe euyn by as though he were one y t had as for this point ben born defe therby dumme ¶ And now concernynge this poynt I wyll yet saye a lytle ferther that in places mo than one good euidence haue ben geuen vnto questê of playn open heresye whych yet wolde not fynde it y t wold vpon mych lesse euydeÌ„ce haue shortely presented felony ¶ And one of these maters wyth the prest y e preched it whaÌ„ I was chauncellour was brought vnto me by ryghte wurshupfull folke y t before me aduowed it in his face And yet coulde not all they cause the quest to present it but some folke bygaÌ„ to fal to fauour hym had he not ben takeÌ„ by good wurshypfull teÌ„porall men many wold haue flocked after hym haue folowed hym about for pleasure of hys new fasshyon prechynge And yet for all that flockyng though they had made .ii. or .iii. huÌ„dred as they sholde hahpely within a whyle yf a few good men had not letted it they had ben yet but an handfull to theyr good catholyke neyghbours and yet by such flockynge togyther and folowynge on a plumpe they sholde haue semed in folkes eyen farre the more parte and at length peraduenture yf they went on were not letted they myght grow to it in dede ¶ That preste I delyuered vnto his ordynary and that with good and playne profe of his heresye whyche was in dede soone after that abiured But for this I tell it you that y e iury wolde not fynde it for all the good folke that gaue them open euydence And that this is not in one case nor a thynge that happeth seld as I sayd in myne apology playne experyence prouâ—th wherby you maye se that in heresy yf the iudge sholde not ex officio procede tyll the mater were presented by y e iuryes heretikes myght be bolde to procede on a pace and so they wold I warraunt you and multyply full faste ¶ And thus you se good readers y t coÌ„cernyng this pyece this good man hath in euery point a grâ—t ouerthrow ¶ And therfore now the last clause of this .xv.
they confesse ones ye and yet theyr one ye more trewe vppon theyr bare worde then they re twyse naye vppon a solempne o the and yet confesse they not so symplye but that it is commenly holpen wyth some suche cyrcumstaunces as make the mater more clere ¶ Nowe as to those thyngê that I wrote in my dialoge coÌ„cernyng great crymynouse wytnesses to be taken in great criminall causes he answereth wyth no worde at all How be yt to say the trouth he the lesse neded For he geueth ouer here al that faute that he founde in the chapyter In fidei fauorem as a thyngeâ— wherin hym self seeth now that he was ouersene than and therfore he setteth that here passe by as though he hadde neuer spoken therof and stycketh onely vppon y t one case of hym y t is ones forsworen ¶ But now let vs se what he sayth here coÌ„cernynge this selfe same case Fyrst he saith y t y e lawes though they must deuyse suche waysas euyll persons maye be punyshed yet the makers of the lawes must as mych as in them is prouyde that innocentes shal be saued harmelesse This is very trew as myche as in them is the tother poynt beynge prouyded for to that offendours maye be punyshed But then say I y t yt is not in all the wittes of the world for punyshemeÌ„t of myscheuouse wreches to dyuyse a sawe in suche wyse that men maye be sure that none innocent can take harme therby And then yf he graunt me this whyche whyther he graunt or no yet very trew yt is then say I that his onely reason agaynst the suit ex officio and agaynst this lawe to that is to wytte that innocentes maye take harme therby if such a reason y t yf it were folowed iÌ„ euery law wher by mysseguyded folke are punyssed there shold no law stand for theyr punysheneÌ„t at al but lest it myght misse happe that some innocent myght take harme we sholde lette all myscheuouse folke alone therby suffre many mo good innoceÌ„t men take harme ¶ But then goeth this good maÌ„ ferther sayth y t the punishement of an offender must be by a dew a reasonable order And y â— is very trew also therfore we shal agre well in that But than goth he ferther and sayth I caÌ„ not se what dew or resonable order of tryal it is that he y â— vpoÌ„ his oth hath fyrst clered hym self hâ—s neyghbour of heresyes sholbe after contrarye to his fyrste othe be receyued agayne as a wytnesse to condemne hym that he clerâ—d byfore and that in the same courte and in the same mater ¶ Though this good man can not se yt other men can se yt and haue sene it dayly do se it to wel ynough I haue sene suche thynges as thys is my selfe proued I can not tell howe often that in the excuse of a thefe some haue taken an othe that the felon was with hym in hys owne house at suche tyme as the felonye sholde be done in a nother place And a man wolde haue wente he hadde ben credyble and sayd trouth And yet afterwarde hathe hym selfe confessed that the feson and hym selfe also were at the robberye bothe twayne and hys bare worde then more trewe then byfore was hys solempne othe And euery man that hathe medeled myche wyth suche examynacyons hath a sure experyence that this ys a commen fashyon of murderers and theuys and such as are theuys receyuours of whome at the fyrste face some seme honest men are so some tyme reputed and come forth for declaracyon of them that are suspected and in trouble and depose for them and yet after vppon some other occasyon in examynynge of the mater begynne to be suspected theym selfe and afterwarde confesse yt to bothe of them selfe and theym whom they came to clere by theyr periury before And I am very sure there be not a fewe that haue herd suche euydence geuen in causes of felony dyuerse tymes to the iurye ¶ But hereuppon bycause I spake in myne apologye of suche witnesses in felonye thys good man maketh here adâ—ute what maner wytnesses I mene whyther I mene y e .xii. men that are the iury or other wytnessys that are brought into the court for to enforme theÌ„ And thaÌ„ fyrst if I mene the .xii. men than he answereth me certayn thynges to shew that he can skyll of the law But veryly as for me I shal put hym out of that dowt that I ment not them For I neuer toke the .xii. men for wytnessys in my lyfe For why shold I call them witnesses whose verdycte the iudge taketh for a sure sentence concernynge the facte without any examynacyon of the cyrcumstaunces wherby they know or be ledde to byleue theyr verdicte to be trew ¶ And also wherfore shold I mene to call them wytnesses whome I se desyre wytnesses at the barre to enforme them in the mater as wytnessys enforme a iudge He myghte therfore haue spared hys labour in y e pyece well inough For I neyther ment tht iurye nor neuer toke theym for wytnesse ¶ If he wyll aske me what they be than I saye they be the iury And yf he wyll wyt ferthermore what persoÌ„ they represent of those y t are vÌ„suall in other courtes wherin there be no iuryes vsed than can I metely wel tell hym to yf the tale were as necessary as it wolde be longe ¶ But than cometh he to the tother parte and sayth And yf mayster More by that terme witnesse mene suche wytnesse as be somtyme brought into the kynges courtes to geue euydencys to an â—nqueâ—t than to that wytnesse no suche wytnesse as the wytnesse bene in the spyrytuall courte that shall acquyâ—e or condempne the partyes for of those wytnesse so brought into the kynges court to geue euydence to an â—nqueste at the comon lawe no mencyon shall be made in the recordes ne the iury be not bound alway to folow tho wytnesse For yf the iury of theyr owne knowlege or otherwyse know the trouth agaynsâ—e the sayenge of suche wytnesse they be bouâ—den to fynde accordynge to the trouth and let tho wytnes go And yet yf it haâ—ned that such collaterall wytnes fyrst testyfyed vpon theyr othe that the partye were not gylty and after it were informed the iudges that they reuoked theyr fyrst sayeng and wold saye that the partye were gylty I can not thynke that the iudges wolde any more calle them to here theyr sayenge therin And though they wolde yet as I sayd before it were farre vnlyke to thys case For theyr sayenge there is but as an euydence whiche the iury sholde not be bounde to byleue but as y â— truth is I can not se therfore how mayster More can proue his sayenge that suche wytnesses that is to say suche as be periured in â—he same court shulde be afterward receyued as wytnes in any of the kynges courtes ¶ Now good readers euer more remember this that
were in dede vntrew was neuer the nerer the knowledge who were his accusers to gete any amendes therby no more then he that is called of offyce for heresye byfore a spyrytuall iudge And here nowe what he sayth to this and whyther we be by his answere for the poynt y t was meÌ„t by me any one ynch yet the nerer Lo good readers this is hys proper answere And theÌ„ bycause he caÌ„ none otherwise do but coÌ„fesse a great dynersyte betwyxte them that be put to answere ex officio and them that be putte to answere before the kynges iustyces vppon indytementes at the common lawe for there the iudges haue suffycyent and apparant mater to put theym to answere vppon and in the other there is none but that the spyrytuall iudge vppon a dyspleasure may do yt ex officio yf he wyll Therfore he goeth yet farther and sayeth that the .xii. men maye yet do the same and make a man to be called that is not gyltye yf they were so dysposed And trouth yt is they may indyte a man that is absent and that is also not gyltye and be vntrewe yf they wyll but yet in suche case the .xii. men be knowen that do yt and be also compelled to be vppon the inquyrye for they maye not be vppon it but they be therto assygned and also the partye vppon they re verdyte shall not be put to answere before theym as yt is vpon the suyte Ex officio but before the kynges iudges before whome the indytemeÌ„t is no atteynder to the partie but that he maye be founde not gyltye not wythstandynge that indytement And though mayster More saye that he neuer saw the daye yet but that he dursie as well truste the treuth of one iudge as of two iuryes I thynke the iudges wyll can hym but lytle thanke fâ—r that preyse for surely inryes must nedely be beleued and trusted And therfore it is not the maner of the iudges to laye vntrouth vppon a iurye ne yet to commende theym that do yt but yt be proued afort them oâ—â—ecorde after the order of the lawe ¶ Here you se good readers y t touchynge the poynte that we spake of all thys tale helpeth nothynge but goeth all aboute a nother mater to proue a nother dyfference betwene y e suyte of offyce and indyghtementes as though I had sayd there were no difference betwene theÌ„ at all But I was neuer yet so madde to be of that mynde For theÌ„ must I say they were both one And then were euery endytement a suyte of offyce euery suit of offyce an indyghtement yf there were no dyuersytees betwene them at all ¶ And therfore yf his dyuersyte shall serue aughte for the purpose he muste make yt appere that the suyte of offyce bycause of that dyfference and bycause yt is not lyke indyghtementes in that poynte is therfore in heresye eyther very clerely nought or ellys that at the lest wyse yt were somwhat better that they sholde neuer put any man to answere in heresye but eyther vppon open accusacyon or psentement had byfore For els if he wene to wynne this poynt of me with shewynge forth a dyfference if his differeÌ„ce proue me no such thyng as I tel you he may for the mater as wel brynge vs forth any verse dyfference at aduenture that he lerned at grammer scole ¶ Now wheÌ„ he hath layed al his dyuersyties on an hepe wold theruppon coÌ„clude y t bycause of those diueâ—syties y e suyte of officio were nought and vnresonable I say y t foloweth nothing For it proueth yet no farther at the farthest but y t the order of the comen law were better not y t the tother were nought For it myght well be for al that y t the coÌ„men law might be good ynough though they y t secretly or openly come now enforme the queste came either secretly or openly and lykewise enformed the court ¶ And now saw I well that to this poynte was there none answere for this good man agayne but to tell me y t in such thingê as they now trust the questes it were parell in stede of â—uryes so myche to truste the courte by cause the iuges myght then fayn mater agaynste men and say they were secretely enformed To this syth I saw what truste the realme must nedes put in y e iudges handes so farre aboue the wheyghte of the fyrste endyghtement that serueth for nothynge but for an informacyon and seynge also what maner of men they be that be chosen to be iudges so that there is nothynge of so great weyght but that yt well may be put in they re handes I rekened theym of suche trouth that saue for euyll folkes obloquye to them selfe warde elles to the people there sholde come none harme though the truste that we put in theÌ„dytours were in stede of them put in the iudge hym selfe This I there sayde lo and this I thynke in dede For as I sayde there I neuâ—r saw yet the day but y t I durst as wel truste the trouthe of one iudge as I durst truste the trouth of two iuryes What hath this good man answered me nowe to this To all this gere here is lo his worsyppefull answere I thynke the iudges wyll can hym but lytle thankâ— for that prayse For surely iuryes must nedes be beleued and trusted And therfore yt ys not the maner of the iudges to lay vntrouth to a iurye ne yet to commende them that do yt But yt be proued afore them of recorde after the order of the lawe ¶ This answere of trouthe is not worthe a straw For as for y t he sayth the iudges wyll for that prayse can me lytle thanke that word were somwhat yf I hadde sayde it for theyr thanke But I sayd it in good sayth not for theyr thanke at al but bycause yt is very trouth y t I neuer saw the day yet in dede nor neuer I truste in god I shall but that I may wel and so wyll I do in dede â—rust the trouth of one iudge as well as the trouth of two iuryes I wolde here wytte of this good man what disprayse is this to any iury what vntrewth is there here layed vnto them or to any one man of them I wyll vse one worde now this ones whych this good man vseth often For now wyll I saye a lytle farther and that is this though this man maye happe to thynke the sayenge straunge I wyll not let to beleue the trouth of some one man of whose trouth I make my selfe sure doute nothyng at al euen as wel as the trouthe of a great many at ones though they be all suche as I beleue euery one of theym as well as I beleue hym selfe And I also byleue some one iuge alone not in connynge but in trouthe as well as I wyll beleue both hym selfe all his felowes to For some one man may be suche that if he shold tel me a
puttyng awaye of that law be better for the kepyng of the catholyke fayth in this land ye or better other wyse for this land without the minisshement of the fayth in the same than am I well coÌ„tent that ye compte thys good man bothe for very wyse and for very faithfull to But now yf you fynde by myne answere on y e tother side y t al his reasoÌ„s in this poynt are not worth one rysshe towarde the profe of any necessary cause of chaunge but hys reason and his argumentê alway such therin y t eyther they be byelded vppon a faâ—se ground or ellys yf he make any that happen to be true yf ye fynde it yet but such as by the selfe same reason yf men wolde vnwysely folowe it there myghte no lawe neyther longe laste nor yet no law be made yf you fynd I say his reasons agaynst this law but suche ye wyll than I dowt not thynke it but good reason for all his riall reasonyng to let y e law stand ¶ But than yf ye fynde â—erther yet as I wote well ye shall that the chauÌ„ge that he wolde make vnder a nedeles pretence of preseruyng innocentes out of dayngeour and parell and can not proue that thys hundred yere any one was wronged with it sholde cause heretykes to be bolde take corage encreace and for lacke of this law the catholyke fayth to dekaye than wyll you not I wote wel let to tell thys man that he lacketh in this mater how gay so euer he make it either wyt or which wurse were loue to the chrysten fayth ¶ The tother thynge y t I requyre you shall your selfe se reasonable For it serueth to the clere perceiuyng of vs bothe how both he and I bere our selfe in this mater And I shall not requyre therin parcyally for my parte but a requeste indyfferent and egall for vs bothe syth ye shall the clerer therby perceyue where about we bothe goo and where any of vs bothe swarue a syde fro the mater and to hyde the trouth out of syghte slynke into lurkys lane ¶ My request is no more but that it maye lyke you to take the laboure and payne for perceyuynge of the trowth from the begynnynge to peruse the whole mater as farre as perteyneth to the chaunge of this lawe ¶ Reade fyrste hys owne wordes in his owne boke of dyuysyon And after reade myne answere in myne apologye whyche you shall fynde in the fourtyth chapyter the .218 lefe and his wordê to therwyth And whanne those two thynges be bothe fresshe in your mynde reade thanne this his fyftenthe chapyter of thys booke wyth myne answeres euery where added therunto and than haue I whan this is done lytell dowte of your iudgement ye shall se the mater proue agaynste thys good man playne ¶ In hys .xv. chapyter good readers he wolde make men wene that he suffycyentely proueth thre thynges The tone is that it were none hurte to chaunge now this olde lawe The secunde thynge is that it were great hurte to kepe it The thyrde that suche samples of the lawes of thys realme as I resembled vnto the suit ex officio I resemble against reason they be so farre vnlyke ¶ Into these thre poyntes therfore wyll I deuyde thys chapyter that the reader may the better se in what parte he is ¶ I shall reherse you fyrst here his whole wordes togyther that he bryngeth for the fyrste poynte Lo good readers these they be THen to the conuentynge of men before spyrytuall iudges ex officio and wherupon mayster More sayth in his apology fo 219. that yf it were lefte the stretes were lykely to swarme full of heretikes Heryly I mâ—ruayle right moche at his sayeng therin and that for this cause It is certayne that no man maye after the lawe be detected of heresye but that there is some man that knoweth the cause before why he oughte so to be For yf it be secrete in hys owne breste none can be hys iudge but god onely that is the sercher of manâ— herte And yf any wyl â—dâ—owe that he knoweth the caâ—se and wyl denounce hym as an heretyke therfore thaÌ„ it is reasoÌ„ y t he be taken as his accuser And yf he wyll not aduow to be his accuser yf yâ— to thynke that he doth yt of some malyce or crafte rather then for the trouth of the mater And yf he saye he daâ—e not for fere of hiâ— lyfe auow yt I haue shewed a meane in the .vii. chapyter of the sayde treatyse how the wytnesse maye be saued from daunger as by shewynge the mater to the kynge and hys counsayle and that then yt is not to suppose nor so to thynke but that they wyll pronyde suffycyently for the indempnyte of the wytnesse in that behalfe And this remedye mayster More denyeth not to be conuenyent for this realme And yet he wyll not assent that a lawe be made that yt shall be so And then yf the wytnesse wil not auow it but an other wyl geue credence to hym and auow yt then yt semeth reasonable that they y t wyll gyue credence therto a wyl reporte yt be taken as accusers takynge those wytnesse for theyr warraunte yf yt be denyed ¶ In these wordes lo good readers you se howe he proueth hys fyrste poynt that of the chauÌ„ge of this law by puttynge awaye this suyt ex officio wherin wythoute any specyall accuser offerynge hym selfe as party the suspecte may be called in before the iudge ex officio that is to wyt by reason of his office there could none harme growe at all ¶ And howe dothe he nowe proue vs this poynt He proueth yt as you se fyrst by certain reason put presupposed for a grounde then after that by a certayne order that hym â—elfe shortly diuyseth and setted vp vppon the same Hyâ— ground and his foundacion is this yt is certayn he sayth that no man may after the law be detected of heresye but that there is some man that knoweth the cause before why he ought so to be ¶ Very trouth yt is that no man can be detected except a man detect hym self but yf some other se some thyng in hym wherfore he sholde seme nought some one thinge or other that they whych perceyue it suspect hym therfore them selfe And therfore as for this ground this good man and I wyll not greatly stryue ¶ Then foloweth his order that he dyuyseth byesdeth vp theruppon thus And yf any wyll aduow that he knoweth the cause and wyll denounce hym an heretyke therfore then is yt reason that he be taken as his accuser ¶ This is a ryght good reason and the spirituall lawe wyll not refuse so to take hym accept hym for an accuser yf he will and then wyll they not in that case vse the suit ex officio For in that case it nedeth not But nowe what yf he that knoweth it secretly detecteth it peradueÌ„ture four or fyue and
and refuseth in such reasonable maner to purge hym self therof as his ordynarye shall by his dyscrecyon assygne hym whych must both by lawe all reason be his iudge and not hym self sheweth hym self lytle to force or care though folke wene he were an heretyque whych thyng sore aggreueth the suspycyon that he veryly is one in dede And then wheÌ„ he wyll rather be ones accursed then of suche suspycyon yet to purge and clere hym selfe he yet encreaseth y e suspycyon twyse so sore But fynally when rather then to purge that suspycyon he contynueth excommunycated all the whole yere and neuer wyll be purged in the whyle but yf he maye haue yt accepted in suche a faynte fashyon as hym selfe lyste to offre the suspycyon of his heresyes from sore and vehement tourne by suche dealynge into pleyne open and vyolent so that he can in reason be none other rekened but a playne heretyque in dede whome to tolerate so longe doth somtyme lytle good And then syth the law is that such as the fauour of the chyrche shall preserue from the temporall handes shold by the lawe be onely those which vpon theyr deteccyon tourne of theyr own offre mekely by and by and shewe good tokens of ryghte harty repentaunce I wyll let no man from thinclinacyon towarde pytye in preseruynge the lyfe of any man when so euer he seme penytent But yet surely when the chyrch receyueth agayne that man that by his obstynate dealynge wyth abydynge excomunicate and contempnyng the great curse all the whole yere rather then he wolde purge the suspycyon of his heresye but yf he may purge it after his own swete wyll proueth hym self at last to haue ben an heretyque so longe all that whyle wold not retourne but euer more drawe bakke yf thordynary for all that receyue hym to grace agayne and kepe hym styll and preserue him from the seculare handes I wyll not saye that he doth wrong but fyndynge hym yet repentaunte fayne wolde I se hym saued ¶ But yet wythout doute as farre as I can se thordynarye to saue the mannys lyfe of pytye strecheth out wyth his teth the lawe and reason both so farre that euyn scantely can any of the both holde ¶ And therfore these lawes beynge suche as they be made and ratyfyed by whole generall counsayle accepted and vsed so longe thorow al chrystendome when thys good man cometh now forth and vppon his own bare reason as bare as euer I herd yet in all my lyfe bycause onely that an innocente may somtyme take harme whyche may happen vppon any lawe that euer all the world can make wherby there shal be deuysed any punyshment for the euyl folke he byddeth euery man coÌ„syder nowe whyther the law be iuste or not if it be not byddeth euery maÌ„ put to theyr handes to haue yt broken and make a better and sayeth that he thynketh they shall haue great thanke of god therfore his request is now no better but in effecte euyn this that agaynste euery wyse mannes reason well approued hytherto euery man shold in this mater now eyther trust vnto his or els at the lest wise euery man to his owne and in stede of a better old law make a new mych worse For if his deuise were folowed it appereth playnely so there sholde and heresyes sholde grow vp on heyght and the catholyque fayth decaye And then god saue vs frome that thanke of god that shortely we shold wyth such dealynge deserue ¶ Thus haue I good readers as you se clerely confuted this good maÌ„nys answere in bothe the pryncypaâ—â— poyntes of whyche the tone was wherin he mynded to shewe that in heresye the suyte of offyce myghte be lefte and that by the leuyng there shold none harme folow to the catholyque faythe bycause heretyques myght as well come to correccyon by the waye of open accusers as by that maner suyte ¶ But in this poynte you haue sene clerely that his deuyse wolde neuer so serue the mater but that yt were very lykely so to mynyshe in thys realme the catholyque fayth with encrease of heresyes that thindygnacyon of god were sore to be fered therby to folowe theron and the realme to fall in trouble and besynesse with insurreccion of the same rebellyousâ— heretyques that by the chaunge of that law had so bene suffred to grow as other countreys haue ben of late and this realme was ere this so nere lyke to haue ben that for thauoyding of the lyke parell to fall afterwarde yt prouyded by parlyament of great polycye for the better repressyng of heresyes to fortyfye that lawe and gyue thordynaryes yet greater power to maynteyne yt and wyth temporall assysteÌ„ce to make yt more strong ¶ His secunde poynte was to shew that of the kepynge of that law there sholde growe great harme bycause the law is so vnreasonable he sayth that innocentes may come to trouble therby wythout offence ¶ This parte howe properly thys good man hath proued that haue you sene also and that he therin is so full and whole confuted that when he readeth yt agayne I suppose he will not now greatly lyke it ¶ Now these two thus handeled he cometh to the thyrde poynte whyche though I graunted hym all to gether yet were he neuer the nere For y t poynt is suche as yf I wynne it thanne it maketh my parte more playne but on the tother syde yf I loste it he wanne it yet were myne playne inough And stronge inough were my part wyth the fyrste poynt alone For yf by the leuynge of the suit of office shold folow thencreace of heretikes as euery man I thynke that wyt hath may well se that there wolde than though there wold some other harme happeÌ„ somtyme therof yet must that other harme in reason rather be borne than that ¶ But now to come good readers vnto the thyrde poynt whyche yf he wan all together coulde very lytell serue hym ye shall se hym yet by goddes grace wynne hym neuer a pyece ¶ The thyrde poynt good readers in myn apology you se well your self entendeth nothynge ellys but by enâ—emple of the comen lawes of thys realme to shew that the same spyrytuall law whyche this man wolde proue vnreasonable is not in dâ—de proued vnreasonable by thys thyng that he here putteth for the ê“fe that is to saye bycause that by that lawe sometyme yt myght happe that a maÌ„ myght fall in parell of a cryme whyche he commytted not For yf yt so were nowe that in all the cases that I rehersed of the commen lawe there coulde neuer no man that hadde not done the dede take any harme so myche as a phylyppe yet though I hadde myssed in those ensaÌ„ples the thâ—nge myghte yet be trewe For there mâ—ghte be for all that other ensaâ—ples ynough bothe in other good laâ—es and in the same to thâ—â— a lawe wâ—re not vnreasonabâ—â— nor to be put a 〈…〉 myght hapâ—e somtime some mâ—n take some
tale as of his own ê‘fyt knowlege I wold so litle doute yt to be trew y t I could beleue yt no better though all the town told yt with hym Lo what a great vntrouth I lay here to the iuryes ¶ And this I say for my selfe And now wyll I with this good mannys leue saye yet a lytle farther and I wene I shaâ—l not say so alone I suppose veryly that there be very few but so that it myghte make a fynall ende in theyr mater excepte happely some such as trust more in the fauour of the countrey then in the trouthe of theyr cause they wold rather be content to put yt whole into the iudges handes then trouble the countrey wyth callynge vppe of the iuryes whose trouth yet many tymes deceyueth them that in an euyl cause haue very great truste vnto theym ¶ And yet in all this saye not I that the commen order and longe conâ—ytynued law of this realme to trye the maters by iuryes in felony or treason neuer to ê“cede but vpon endyghtementes is not good nor that the coÌ„trarye waye were better Mary two thynges I saye that in treason and felonye this ordynarye lawe of endyghtemeÌ„tes is many tymes fayn to be holpen forth by a nother meane myche lyke in many thynges to the suyte ex officio and that ys by dylygent polytyque serche and examynacyons bysyde both by the kynges honorable couÌ„sayle the iuges iustyces of peace euery man for theyr ê‘te in euery ê‘te of the realm els wold there many such mischiefê passe by by indightemâ—t neuer wold be fouÌ„deÌ„ And some great and clerely proued felonyes byfore dyuerse and ryghte worshypfull of the kinges counsayl haue I wyste ere thys that neuer coulde be goten to be founden by endyghtement in they re countreys for all that How be yt suche examynacyons hathe caused yet many myscheuouse people to be brought to they re punyshement and haue put also many suche other vnthryftes in fere made them refrayn fro theuyng and drawe them selfe to thryfte or elies not wytstandynge that there are yet theuys ynough there wold be wythout doute many mo ¶ The tother thynge that I wyll say is this that all these dyfferences dyuersyties that this good man putteth here betwene indyghtementes the suyte ex officio proueth nothing that the suyte ex officio is not good but onely at the very vttermost that the ordre not to procede wythoute an open presentement were better For 〈◊〉 sayd before though this lawe by endyghtemeÌ„tê be better in felony now yet were not the tother waye nought yf the lawe were so that the iudges myght procede and put feloÌ„s to answere without endyghtementê as in treason is vsed in thys realme by the lawe marshall vppon warre rered as we sawe by experyence in captayne Quintyn captayn Genyn Corbet and â—elke And yet is that lawe not euyll thoughe that oure owne comen law be better and that though we truste the iuryes neuer so well yet myght we truste the iudges as well And this maye I saye me thynketh without any dysprayse or fawte fyndynge in the iuryes at all For let him assygne me two iuryes of very well knowen good men than yf he wyll aske me what fawte fynd you syr in these men I wyll answer hym Mary syr no fawte at all I. I take them all for good men trewe and thynke they wyll not saye but treuth nor I neuer sayd nor thought other wyse But thaÌ„ wold I assygne hym by name one of oure iudges agayne and say now syr that I truste the trouth of your two iuryes well what fawte is that that you fynde in thys iudges trouth that maketh you to chekke me so bycause I wyll trust hâ—m no wurse than I wyll truste them For that is ye wote well al that euer I sayde that I wolde trust the iudge as well and not that I wolde truste hym better And yet yf I had sayd I wolde of the bothe trusâ—e the iudge better I hadde not by that word neyther dyspraysed the trouth of iuryes For he that sayth he wyll better bysene .xxiiii. than .xii dysprayseth not the trouth of the petit iuries but byleueth theym well also saue suche as be founden false And thus I haue shewed you that I may well say the wordes that I sayd without any fyndynge of any fawte in any iuryes And it appâ—reth also metely well that hym selfe can not well say the contrary without some maner of dystrust in theyr trouth And yet syth theyr wurshyppys be so well knowe that this good mannys dystruste can not apayre it they wyll I dare saye forgeue hym How be it sith the iudges wold as this man sayth and as I dare also saye they wolde be sore dyscontent wyth me yf I dystrusted the â—routh of the iuryes the iuryes may now no lesse do agayne of courtesye than for his wurse opinion of the iudgê trouth somewhat be angry wytâ— hym ¶ Nor herin se I none other shyfte for this good man but for the mayntenaunce of hys mater to saye that in the comen law the law wold be good inough in felonye though the truste were put in the iudges to putte traytours and felons to answere wythout indyghtement but in heresye it coulde not be good before an ordynarye and wolde saye for hys cause a dyuersyte bytwene the tone iudge the tother and saye that oure iudges be good men and worshypful euer 〈◊〉 ben and euer shall and that the ordynaryes be and euer haue bene shal be very false nought Other shyfte hath this man none that I se than euyn to saye thus And veryly his boke of diuisyon saue that it saith nothynge to the prayse of temporall iudges that I now remember yet to the dysprayse of the spyrytuall for those algates that be now saith euyn in effecte as mych ye and rather yet wurse to saue that y e colour of some say saueth hym from sayenge it hym selfe ¶ But now yf he defend hym selfe with that fasshyon agayne what the iuryes wyll say that can I not tell for the panellys be not yet called But as for oure iudges I knowe theyr wysedoms and theyr wurshyppys such that I am very sure in his so sayenge and his so lyenge vppon the spyrituall iudges they wolde can hym no thanke at all ¶ And veryly that the spyrytual ordinaryes be not at these dayes lykely to be such y e temporall iudges beyng so good as they be there is amonge many other one lykelyhed this that he hath chosen the tone that hath chosen the tother the kynges gracyouse hyghnesse hym selfe whiche hauyng on both sydes very good to chose of hath I dare say ben as cyrcumspecte in chosynge of thordynaryes as of y e iudges And yet leste in theyr absence the offycers of theyr owne choyse might happe to misseordre y e maters his grace kepeth not two bysshoppes of all the realm out of theyr diocises nor
swereth contrary wyse to theyr bothe parell harme therfore in y â— case reason bereth y e law y t in such heyghnous crimes his secuÌ„d oth shold be receyued ¶ Here haue I shewed you a reason whych semeth me sufficient that bothe in heresye and felony the iudges sholde be content not withstandyng the fyrste othe in some case to suffer hym swere the contrary ¶ But now for the teÌ„poral courtes let vs put some case for a sample to se whyther y e iudges wolde yf y e case happed so here y e witnes again or not ¶ I wyl not put the case in treason wherin thâ—re wolde I wene be no dowte but that yf after his euydence gyuen vppon his othe in clerynge there the prysoner he happed euyn sodaynly there at the barre to repent hym selfe say that he was hyred to be forsworen that he was forsworen in dede than wolde tell another tale far coÌ„trary to y e fyrst ere euer he went fro the barre wold his tale not be herd trow you yes and the iury so desyrynge as peraduenture they wold the iudges wolde swere hym to I suppose and very good reason wolde bere it that they sholde ¶ But as I say let treason go and come but euyn vnto felonye If two or thre wytnessys wold at the barre excuse vppon theyr othes some one man of felony and afterward whan they were stepped fro the barre happed to be herde rowne and reioyce to gether that they had geuyn good euidence for acquytayle of theyr felow with whom them selfe had ben at the same robbery if they were sodaynly brought agayn to the iudges the iury not yet departed fro the barre and beynge seuerally questyoned in that sodayne abashement seynge y t god had so vttred theyr falshed bygan to haue remorce and came forth wyth y e trouth and agreed in the cyrcumstauÌ„ces and told all one tale confessynge both the prysoner them selfe gylty and wold be conteÌ„t to swere that this tale were trew conâ—rary to the othe y t they sware there byfore wolde not the iudges trowe you geue them the herynge yes yes I dowte not and the iury to ¶ And thus you se clerely good readers y t in this poynt if this man had wysely wrought he sholde haue geuen it ouer ¶ And now albe it y t here I myght ende this chapyter and haue no nede at all to go any ferther yet to the ferther openyng how lytell holde there is in the causes that he layeth of dyssymilitude vnlykenes bytwene the wytnessys brought into a spirituall court the wytnesses brought in to y e temporal for informacyoÌ„ of the iury I meruayle mych yf hym self know not that lyke as the iury may yf they se cause why way the wytnesses at lyght and quyte the prysoner for all the wytnesses wordes so may the ordynary do to For in his estymacyon the power lyeth to way and consider the qualytees of the wytnesses and all suche other cyrcuÌ„stauÌ„ces as may mynysshe or encreace theyr credence ¶ Ye and vnto the tother syde the wytnessys are not in the temporall courtes wayed and estemed so lyght but that the iury shall yf they byleue them not be somtyme dreuyn to yeld a good rekenynge why For though the wordes of the wytnestes be not entred in the recorde yet in attaynt they shall agayne be geuen in euydence agaynst the petyt iury and testyfye by the court and by the othes of them y t before herde them depose ¶ And thanne yf it appere vnto the graund iury in theyr conscyence that the petyt iury wylfully of some corrupte mynde regarded not the wytnessys and therfore in the geuyng of theyr verdycte passed agaynste theyr owne conscyence euery man well woteth that they shal be attaynted ¶ And necessyte hath also dreuen the kingê grace his couÌ„sayle for y e sure punyshmeÌ„t of felons to prouide y t yf the iury lykewyse regard the wytnessys so sleyghtly y t the iudges thynke they quyte the felon agaynste theyr own coÌ„scyence they bynde theÌ„ sometyme to appere before the kyngê couÌ„sayle And there haue there dyuerse iuryes bene proued so to haue myssevsed them self therin that they haue ben punysshed therfore ¶ Now wyll I good readers come vnto that piece which as a thyng all redy coÌ„futed of it self vnworthy to be touched I wold haue passed ouer not ones vowchsafed to write one word therin sauyng y t I se him to haue takeÌ„ such labour therabout y t he semeth to wene y t he hath defended it well whiche whither he haue well defended or not your selfe shal good readers iudge These were his wordes in his boke of diuision Thys is a daungerous law and more lyke to causâ— vntrew and vnlawful men to condempne innocenteâ— then to condempne offenders And it helpeth lytell that yf there be tokens that it is not done of hatered nor for corrupcyon of money that it shold be taken for somtyme a wolfe may shew hym selfe in the apparell of a lambe And yf the iudge be parâ—yall such tokens maye be soneâ— accepted then trewly shewed ¶ To thys pyece these were my wordes in myne apology folio 229. Syth euyll folke vse not to make good folke of theyr counsayle in doynge of theyr euyll dedes those that are done sholde passe vnpunyshed mo lyke be commytted a fresshe but yf they were receyued for recordes to theyr condempnynge that were of theyr counsayle and parteners to the doynge whyâ—he kynde of folke wyll not lette to swere twyse naye before they confesse ones ye and yet theyr one ye more trewe vppon theyr bare worde than theyr twyse naye vppon a solempne o th and yet confesse they not so symply but that it is comenly holpen with some suche cyrcuÌ„stauÌ„ces as make the mater more clere Nowe se you well that as hym selfe sheweth the lawe prouydeth well agaynste all lyght receyuynge of such confessyon And yet thys pacyfyer sayth that all that helpeth lytle bycause the iudge may be parcyall and the wytnesse maye be a wolfe shewynge hym selfe apparelled in the apparell of a lambe whych apperynge in apparell pore men that can not apparel theyr speche with apparell of retoryke vse comenly to cal a woulfe in a lambes skynne But what order may serue agaynst suche obieccyons what place is there in this world spyrituall or temporal of whyche the iudge maye not haue some saye that he is or at the lest wise as he sayth here maye be parcyall And therfore not onely such wytnesse shold be by this reason of his reiected in heresye treason murder or felony but also by his other reson of a woulf in a lambes skynne all maner of wytnes in euery mater For i euery mater may it happeÌ„ y â— he y â— semeth a lambe may be in dede a wolf and be nought where he semeth good swere false where he semeth to say trew And therfore this patche of this pacifyer coÌ„cernynge witnesse euery wyse man may
bere wytnesse that there is lytle witte therin and lesse good wolde growe therof yf folke wolde folowe his inuencyon and make of the lawes a chaunge ¶ Now that you haue good reders hâ—rd what we saye bothe before Now shall you se how substancially this man defendeth his fyrst wordes agayne These are so in this xvi chapyter of hys newe boke hys wordes Nowe by reason of this obieccyon I wyll speke somwhat father in thys mater then I dyd in the sayde treatyse And fyrste I wyll saye thus that yf ys to me a great meruayle to se mayster More so faire ouerseen or elâ—ys yf he be not oâ—â—rseen therin that then he wolde yf he coulde deceyue other and make theym so farre ouerseen to byleue that yt shulde be one lyke reason of a periured wytnesse that wyll loke lyke a lambe and saye contrarye to that he hathe deposed before and of a wytnesse that cometh to depose in a matter that he was neuer yet sworne vppon For when a wytnesse ys broughte in that was neuer sworen vppon the mater byfore the iudge maye not by the lawe refuse hym nor iudge any defaulte in hym oneles he knowe a suffycyent cause hym selfe in that behalfe or that the partyes do alledge yt but he muste byleue that he ys honeste good and indyffâ—rent tyll the contrarye be shewed as euery man ys in charytye bounde to do of hys neyghbour But when a wytnesse hathe deposed in the courte and then wyll offre hym selâ—e to depoâ—e to the contrarye that he sayde byfore the iudge maye wyth good conscyence mystruste and thynke that he doth yt of lyghtnes of mynde hatered or for corâ—upcyon of money ¶ If I were in thys poynte ouersene I nede not greately to be ashamed of the ouersyghte For then hathe there bene many suche other men ouersene also as I wolde not wyshe to be wyser And I no more entende to deceyue other men in thys mater thanne many other haue entended that vsed and allowed thys thynge that I defende now byfore such men as wyth the coÌ„dycyon that I were neuer worse I wolde neuer wyshe to be better This maÌ„ maketh as though it were great shame for me to liken to gether a person ones periured and a person that was neuer yet ones sworen I wolde in dede be a shamed to lyken theym to gether in euery poynte all though there were no more dyffereÌ„ce betwene theym but that the tone had a longe nose and the tother a shorte But I am not mych ashamed to say that for some purpose where he speketh of the tone I maye speke of the tother and lyken them well ynough to gether For I may say as I said that lyke wise as he that hath for sworen hym selfe may fayne hym selfe to saye trew and loke lyke a lambe and yet be a woulfe in dede euyn so I saye maye he that neuer was sworen byfore ¶ Ye sayth thys man but yet these two be not lyke For he that was neuer sworen there is no cause to mystruste nor presume that he wyl play the woulfe in a lambes skynne But he that hath bene forsworen is of reason to be mystrusted and yt is to be presumed y t he wyll play the woulfe in a lambes skynne ¶ Marke yet in the meane whyle y â— yf I could make no father answere yet hadde I wonne and he loste For his fyrst wordê were in his boke of dyuysyon that he that confesseth hym selfe forsworen shold in no case be receyued to swere agayne the contrarye bycause that though there seme a good cause to byleue hym in his seconde othe yet yt maye be that he dothe but fayne and I sayde so may he to fayne and dyssemble that neuer was sworen byfore And then yf the onely power and habylyte to fayne were a cause suffycient to put any oue man from berynge witnesse vppon his othe euery man were by reason repelled for euery man ys able to fayn This was as you se y e thynge that I then sayde Whyche thynge neyther this maÌ„nor any man elles is able to confute nor proue the forsworen man and the man vnsworen vnlyke in the poynte that I lykened them that is to wit in powre and abylyte to fayne And farther then that went not I. For I had no farther cause in answerynge hym there whyle he wente no farther there nor sayde none other but that he that was forsworen may fayne And nowe reade your selfe his wordes and loke whyther I say trewe ¶ But nowe thys beynge proued as yt is proued playne that he hathe a fall in those wordes whyche he spake byfore let vs a lytle se whyther wyth thys leysour after hys mater agayne consydered a freshe he haue caughte any better holde now And surely me thynketh not one whyt ¶ For where hys newe reason resteâ—h in thys that he whyche confesseth hym selfe ones forsworen is by reason mystrusted as one not onely to be able to swere false and wylyly cloke hys falshed vnder a colour of trouthe but also presumed that he so wyll do in dede to thys I saye that he sayeth trouthe as longe as there is no greater presumpcyon on the tother syde to serue for hys seconde othe But when the case happeth that there is as yt happeth in the case of this lawe than ys the presumpcyon that he wyll swere false gone as I shewed you byfore And then that presumpcion by a greater presumpcion beyng purged this man forworne and the man vnsworn are in the thynge that I resembled them for waxen well lyke agayne And that the sayde presumpcyon ys purged I shewed you byfore in that it is now a greater presumpcyon for his seconde othe that he wyll not foâ—swere hym selfe to the parell of his frende and hym selfe to ¶ Then goeth he farther and enforceth his reason with the reason of the lawe before y e peragraph Licet was made And therin thus he sayth In so mych that byfore that parag Licet was made the iuge myght none otherwise haue done of iuâ—â—yce but to haue refused to haue taken any farther examynacyon of hym And yf he hadde and the other had sayde contrarye to that he hadde sayde byfore hyâ— saynge hadde ben voyde in the lawe ¶ And thys thynge wherwyth he thynketh his reason made the sâ—renger maketh his reason a great deale febler For whyle the generall rule of refusynge suche wytnesse in all cases was made so longe byfore it appereth playnely that necessyte found the faute and caused oute of the generall rule this case to be made an excepcyon and so the lawe made by better delyberacyon ¶ And in such other horible crymes the same lawe is vsed in temporall courtê and was also before that law made by the chyrche ¶ But agaynste all thys yet thys man maketh me this reason what the makers of the sayde peragragh ment to put into the dyscrecyon of the iudge that yf he saw by euydent tokens that yt is not done of lyghtnesse
of mynde nor of hatered nor for corrupcyon of money that hys sayenge shall stande as well agaynste hym selfe as agaynste other I can not tell For I can not se how there can be any euydent token in any suche case but that there myght be in suche a periuâ—ed wytnesse sometyme inwarde hatered or corrupcyon that the iudge can not knowe so that he can not iudge of certayntye that there ye none ¶ Consyder now good readers that all the streÌ„gth of this reason hangeth in this that the iuge can not surely se somtyme whether the periured wytnesse do it for the trouth or haue an hatered in his breste so secret that the iudge can not se yt therfore he can not certaynly iuge that he hath none Consyder here now y t he sayth not y t yt is presumed or must be presumed that the periured wytnesse hath so for yf he so sayde he sholde saye to no purpose For as I haue shewed you how that presumpcyou maye be ouer wayed wyth greater presumpcyons to the contrary but he sayeth that it may be in dede that the forsworen wytnesse hath so And then saye I yet agayne yf we go to the possybylyte of the dede and not vnto the presumpcyon and lykelyked he that was neuer sworen byfore may haue a secrete hatered whyche the iuge can not se as well as he maye that was twyse sworen byfore And theron I saye also yet agayne that yf the iuge were charged to geue no senteÌ„ce but suche as he knew of certaynetye sure to be trewe he coulde neuer vppon any wytnesses in this worlde geue any sentence at all For no wytnesse were there but he myght swere false y e iuge myght wene he sware trew ¶ Now yf this man wold saye y t he meaneth no farther certayntie then onely a sure thynkynge in the iudges owne conscyence and that therfore he modered all his other wordê with this worde conscyence sayenge that the iuge could not with coÌ„scyeÌ„ce iuge of certaintie y t there were no hatered this meanyng were a very marryng of al y t he goeth about there to proue For though the ê‘iured witnesse might haue and happely hadde in dede a secrete hatered in his own breste as an other witnes myght haue happely had in dede that neuer was swore byfore yet myght the iuge beyng iâ—duced by certayn tokens lykelyhedes haue a sure a certayn ê‘suasyoÌ„ bylyefe in his own coÌ„scyence y t neyther the tone nor y e tother had any hatered at y e time but onely deposed y e trouth And therfore if he wold say y t he meÌ„t thus he marred all his mater ¶ But it appereth playn y t he meÌ„t in y e tother maner vpoÌ„ which there must nedes folowe yf he were not in his sayeng deceyued that euery iudge in euery senteÌ„ce y t he shold geue vpoÌ„ any witnesses were they neuer so honest in appareÌ„ce were in a daunger ineuy table And that he meaâ—eth iÌ„ that maner that the bylyefe of his owne conscyence iuduced reasonablye thereto coulde not excuse the iudge yf he were deceyued and the thynge other wyse in dede he declareth farther by the wordes that next ensewe where he goeth farther thus And therfore me semeth that the makers of the said peragraph layd ouer great a daunger to the iudges that they sholde haue lybertie to accept yf they wold the sayeng of hym that so offreth hym selfe agaynst hys fyrste othe for so myche as the iudge can not be sure to saue hys conscyence therin but yf he clerely refuse to accepte any thynge that the wytnesse wold saye contrarye to hys fyrst othe For yf the iudge dyd otherwyse therupon the witnesses testyfy agaynst the partye yet the partie not gylty in dede I suppose verily y t the iuge were party to the same offens ¶ And I suppose not the contrarie but am very sure of y e contrarye For I am very sure that where the iuge seeth suche tokens as seme vnto him manyfeste and open tokens to proue that his seconde othe is not offrâ—d of any corrupt effeccion but of remorâ—e of his periurye and of a mynde to amende his faute and saye trewe he falleth in no daungeour of coÌ„science though the trouthe be otherwyse in dede For yf there neuer hadde lawe bene made at all to refuse any wytnesse bycause he was ones periured y e iuge had ben clere at libertie vpoÌ„ resons lekelyhedes ledyng his conscience to haue receyued him again with out any ê‘ell of his own coÌ„scieÌ„ce at al where so euer hym self had thought greater lykelyhed that he wolde saye trouth at the second othe then he dyd before at the fyrste And then syth he was now letted to receyue hym and his lybertye therin restrayned but by a lawe made what parell can he more fall in when a seconde lawe hathe set hym at large then yf the formare lawe hadde neuer made the restraynte ¶ Also where the lawe there prouydeth that the iudge shall styll reiecte that witnesse which offreth to tel the trouth vpon a second oth contrary to his fyrste but if there appere manyfest tokens that he do it not of any corrupt effeccion it meaneth none other but that yf the tokens seme suche vnto the iudge that they induce hym in his conscyence so to byleue thynke and not that he shal be certayne sure that y e thynge is so in dede by lokyng into the secrete corners of the maÌ„nes harte no more then the kynges iuges at the comen lawe by what wordes so euer they geue thenqueste an oth nor by what precyse wordes so euer they receyue they re verdycte meane not to charge theym vppon parell of they re soules to say none other wyse thenne the trouthe of the thynge shal be in dede but as the trouthe shall seme to theym to be vppon suche thynges as they shall perceyue eyther by the euydence geuyn theym at the barre or otherwyse ere they came there Nor the iudges theym selfe in the iudgynge of a matter of lawe neuer meane precisely that the lawe is so For then yf other iudges after reuersed that iudgement or iudged the same case otherwyse in a nother tyme bytwene other men the tone iudges or the tother hadde putte theyr soules in parell doynge bothe twayne they re beste to iudge as well as they coulde ¶ But syth no man can se farther then his eyen wyll serue hym no nor no maÌ„ can se farther theÌ„ his own reason can vppon the mater thorowly debated perceyue yf eyther the .xii. men or the iuges neyther neglygent nor corrupt iuge as they thinke trew theyr soules are saufe ynough as saufe as is the soule of the carpenter that putteth in hys frame no tymber but such as is good sounde as farre as men can se and yet some of yt secretely may be suche in very dede as soon after shall fayle and fall downe all the rofe His soule is
saufe ynough though his purse may happe to swete yf he bounde hym selfe to prouyde the tymber at hys owne parell But so byndeth hym selfe neyther iudge nor iurye for the wytnesse on parell of they re owne soules that the tother shall swere trewe ¶ And thus you se good reders that the iudge is oute of parell vsynge dylygence and trouth though the witnesse be false and haue hatered in his harte where the iudge weneth none vpon tokeÌ„s y t he thynketh manifeste al though the witnesse were forsworeÌ„ before And thus is this good man in this mater all gone quyte awry ¶ But yet beynge sore troubled wyth the wylde woulfe that maye swere false and seme trew nothyng mystrusted bycase he cometh lapped in a lambes skynne thys good man goeth ferther yet and therin thus he sayth And where I sayde in the sayd treatyse as before appereth that somtyme a wolfe may shew hym self in the apparell of a lambe and that yf the iudge be parcyall suche tokens maye soner be accepted then truely shewed If is euydent inough that by those wordes I note no iudge to be parcyal but I say that yf the iudge be parcyall suche tokens may be â—oâ—ner accepted then truely shewed As who sayth the iudge may accepte such a token to be true though there appeâ—e some suspycyon of vntruth in the wytnes In whyche acceptaunce he shal more lyberally and wythout offence of the lawe do wronge to the party that is accused then he could do by acceptyng of any other wytnesse agaynsâ—e the law that were neuer sworne before For yf he accepte any suche wytnes coÌ„trary to the rules of the lawe it appereth to all theym that knowe the lawe that he doth agaynst the law therin and that wyll sounde somwhat to hys rebuke and that wyll make hym the more loth to do it But yf the iudge accepte suche a periured wytnesse where there is no suffycyent token to proue that he doth it not for lyghtnesse of mynde hatered corrupcyon nor such other yet he breketh no lawe therin For all is commytted to his dyscrecyon And that may hapely gyue a boldnes to some iudge to accepte suche a periured wytnes where he ought not to accepte hym And though the â—ayde Peragr say that yf there be suche tokens as before appereth that then in fauour of the fayth hys wytnes shall be taken yet I can not se yf the party accused be gyltlesse in dede as he maye be for all that wytnesse how it can be taken in fauour of the fayth to accepte the wytnesse For it can not be sayd in fauour of the fayth to condempne an innocent ¶ All thys tale whan it is all tolde wayeth vnto no more but that yf the iudge be parcyall than he may abuse the lawe and than that lawe in that case may do harme in heresy ¶ Now besyde that the quest herynge the same wytnesse sworne fyrste and after contrarye maye yf they be parcyall do lyke harme in felonye what lawe was there euer made wherein the iudge coulde do none harme yf he wold be parcyall what lawes maye there serue yf the mynystres wolde be false Thys man is content that to a mannes condempnacyon the presumpcyon shall serue that the wytnesses wyll swere but trewe suche wytnesses at the leste wyse as are not proued false before and yet maye they marre all yf they be false aâ—d parcyall And whan he presumeth suche indyffereÌ„cye in a wytnesse why fereth he so sore parcyalyte in a iudge yf he saye he mystruste the iudges bycause of some Some sayes â—hanne muste he mystruste wytnesses iuryes and iudges and all togyther For suche Some sayes there lacke not that can say well by no man ¶ Thys reason of hys dothe but putte a suspycyon in mennys heddes agaynste the iudges for euery thynge that is putte in theyr dyscrecyon But surely â—s I haue often harde that greate wyse and ryghte wursshypefull manne syre IohnÌ„ Fineuâ— say late chyefe iustyce of the kynges benche who so taketh from a iustyce the order of hys dyscrecyon taketh surely frome hym more thanne halfe hys offyce If thys realme sholde mystruste iustyces it must in the lawes than make many suche chaunges as I neuer sawe nede yet nor truste I neuer shall What harme myghte any iustyce of the peace do yf he were dysposed to be false and parcyall And euer shall be able to do make what lawes men wyll but yf men wolde vtterly put a waye that offyce And than in stede of one harme that maye happe we shall haue an hundred happe in very dede ¶ Consyder also good readers that by the lawes afore made there was not onely forboden to bere wytnesse he that appered to be ones forsworeÌ„ but also many other maner of cryminouse persons for the generall presumpcyon that they were vnworthy credence and yet haue bene by other lawes after made receyued to bere wytnesse agaynst them selfe theyr felowes in heresye in â—reason both for the necessyte as I haue sayd and vppon presumpcions more probable that they were in that case wel likely to swere trewe ¶ Now yf this good man for fere of suche harme as maye by possybylyte fall vppon an innocent wyl put one of these frome witnessynge he must repell them all For as the latter lawes haue synnys receyued all so the formar lawes generally dyd fyrste refuse them all For the generall rule is naturally before hys partycular excepcyons ¶ And than yf he wold in lykewyse repell them all than for one harme y t may happe and happely neuer shall he sholde haue many myschyeuouse people very bold whyle they myght be sure they muste nedes passe vnpunyshed bycause theyr priuy myschief coulde neuer well be proued but yf they wold whan they went about it take honest men wyth theym to bere recorde of it ¶ And thus you se good readers very clere and playne that this good man hath hytherto brought you forth no reason And I thynke he saw that hym selfe and therfore he though he wolde saye beter at last and not leue it so For thanne goeth he ferther and sayeth And ferthermore it appereth also that the wordes of the sayd treatyse eâ—tende no feâ—ther but to suche as be iudges where there is before them suche a periured wytnes and not to al iudges And in lykewyse those wordes that a wâ—â—â—e maye shew hym seâ—â—e in the apparelâ— of a lambe sitetche onely to suche a periured wytnes For there is no other wytnesse spoken of in the sayd treatyse in that place ¶ Thys man goeth to his wordes and forgâ—tteth what I saye whyche is that though his wordes go no ferther yet the reason of his wordes yf it were reason as I haue proued it none wolde stretche so farre farther that it wold marre all And this point haue I proued you very clere and playne And therby is ment that suche a periured wytnesse maye haply shewe hym selfe to denye that he sayde before of a compuncte
of gryefes some parte very tryfles and some parte remedyed before hys booke of dyuisyon made and some parte very folyshe some part for all hys some sayes vndowtedly very false ¶ He hath there two leuys in the ende of that chapiter which any wyse man that readeth them shall I suppose iudge a very dreamynge tale And therin it semeth that as he hath bygonne wyth the spyrytuall lawes so he wyll after procede in the teÌ„poral lawes to And fayne wold y e man make me so fonde as to be hys felow therin and saith yf I know any such made as the perleament had none authoryte to make or wheruppon the people haâ—e iâ—ste cause to complayn it wâ—râ— weâ—â— done that I shold shew them And so he thynketh verily that cherâ—tâ— shold coÌ„pell me to do seynge that I am he sayth lerned in y e lawes of the realmâ— Veryly yf I knewe any suche yet wold I not folow neyther this good mannys holy exhortacyon nor hys godly sample neyther to do in y e tone as he hath done in the tother but yf I lyked hys doynge a lytell better than I do ¶ And yf I be lerned in the temporall lawes the lesse wyll I folowe his counsayle For the better that I were lerned in them the lesse wolde I wene it wold become me to prent and put abrode amonge the people a slawnderous boke of them to shame theym ¶ And vnto this point good readers I haue answered and shewed my mynde in myne apologye byfore wherto thys man geueth a defe eare alwaye And here vppon a soughte occasyon with a fonde wyly chaunge of my wordes exhorteth me to the thynge to whyche I made answere all redy And what I before sayde therin that he dyssembleth and sayth not one worde therto But in myne apologye good readers the .159 lefe these were in this poynt my wordes Hys other murmours grudges that he sayth he can not now reherse he reherseth after many of theÌ„ in his other chapyters whych I wyll passe ouer vntowched bothe for that the more parte of them be suche as euery wyse man wyll I suppose answere them hym selfe in the redynge and satysfye hys owne mynde wythout any nede of myne helpe therin for that some thynges are there also therin that are very well sayed and some also that be they good or badde I purpose not to medle myche wythall as are the thynges y t towche any lawes or statutes all redy made be they of the chyrche or of the realme defende them I am coÌ„tent to do yf I thynke them good But on the tother syde yf I thinke them nought albe it that in place tyme coÌ„uenyent I wold geue myn aduice couÌ„saile to the chauÌ„ge yet to putte out bookes in wrytynge abrode amonge the people agaynste theym that wolde I neyther do my selfe nor in the so doynge commende any man that doth For yf the lawe were suche as were so farre agaynste the lawe of god that it were not possyble to stande wyth mannes saluacyon than in that case the secrete aduyse and couÌ„sayle may become euery man but the open reprofe and redargucyon therof may not in my mynd well become those that are no more spyrytuall than I. And sure yf the lawes maye be kepte and obserued without perell of soule though the chaunge myght be to the better yet out of tyme place coÌ„uenyent to put the defawtes of the lawes abrode amonge the people in wrytynge and wythout any suretye of the chaunge geue the people occasyon to haue the lawes in derysyon vnder which they lyue namely syth he y t so shall vse to do may somtime missetake the mater thynke the thyng not good wherof y e chauÌ„ge wold be worse y â— way wyll I not as thus aduised neither vse my self nor aduise no frend of myne to do And therfore I wyll as I saye leue some thinges of his boke vntouched whyther he say well or euyll ¶ Here you se good readers myne answere to thys poynt concernynge the fyndynge of fawtes and puttyng theym abrode in prente whiche answere he dyssembleth agayne prouoketh me to the same as though he had neuer herd it whyche answere I wyll therfore be had as repeted in euery place where he prouoketh me hereafter to the same poynte And thus you se good reders that where as he hath not in any one chapyter of hys brought forth any reason yet yet hath he brought forth leste in this hys .xviii. in whiche he bosteth moost For by thys hath he playnely declared that he neyther vnderstandeth the law vt inquisitionis that he alledgeth nor so mych as the pore summe called Summa rosella neyther For that good man y t made it vndowtedly neuer ment of suche inquisicions as ours are of whyche maner he hadde happely neuer knowen none And as for the law they very fyrste wordes therof to hym that vnderstondeth them and consydereth them well suffycyently do declare that that lawe forbedeth laye men to medyll wyth suche maner knowledge of heresye as sholde be a let and impedement to the ordynaryes or other the spyrytuall inquisitours not suche knowledge as we take by our inquisicyoÌ„s that onely serue to helpe the tothâ—r forth bringe y e mater to theyr haÌ„des ¶ And therâ—ore syth I se well that this man in the laten lawes and SuÌ„mes hath so lytell vnderstandynge I shall be the more content in his lawes his SuÌ„mys so mych the lesse to dyspute or medle wyth hym The .xix. chapyter IN his .xix. chapiteâ— he declareth what he meaneth by confederacyes of the spyrytualtye and sayth he meneth coÌ„federacyes wherby spyrytuall men pretende to mayntayne some suche lawes of the chyrche and some such constytucyoÌ„s prouincyall as are agaynste the kynges lawes and the olde customes of the realme and putteth for a sample the puttyng of â—restes to answere afore temporall iudges the statute made de Silua cedua and the statute of Mortuaryes ¶ As for coÌ„ueÌ„tyng of prestê before seculare iudges trouth it is y e one tyme thoccasyoÌ„ of a sermoÌ„ made the mater come in coÌ„municatioÌ„ before the kyngê hyghnes But neyther any tymes synnys nor many yerys afore I neuer herd y t there was any bysynes about it And yet was y e mater ceaced long before any worde sprange of this great generall dyuision that his boke maketh as though there were such in a maner generall thorow the whole realme ¶ And diuerse statutes haue there sinnys ben made coÌ„cernynge y e same poynt And many prestes conuented as they were wont to be byfore and no by synes made by the spyrytualty therfore y t I here of nor I trow him self neither ¶ And in lyke wise men cutte downe theyr woodê euery yere in one place other of the realme eyther is there not asked the tytâ—e agâ—ynst the statute or yf some person wold with good wyll gete it therfore aske yt he geteth yt not yet
in dede ¶ For where he sayeth that yf I wolde remember my self well how often the coÌ„stitucion prouincial made agaynste the statute de Silua cedua hath ben put in execucyon of late dayes to the gryefe of many lay men I wolde not haue sayde so generally that there is not any one constytucyon prouinciall that he speketh of to any mannes gryefe or grudge put in execucyon in the tyme of any of the prelates that are now lyuyng and affermeth that the same constytucyon hath of late in the tyme of dyuerse of the same prelates that nowe be ben put in execucion to the gryefe and grudge of many persons within this realm Fyrst as towchyng myne owne rememberaunce in good faith I can not remember one And as to his owne remembrauÌ„ce vpon which he affermeth it to haue ben done so lately to the grudge and gryefe of so many he shall perdon me though I byleue hym not tyll he proue it or at the leste wyse name them that haue had the wynnyng them also y t haue borne the losse so that I may my self proue whyther it be trewe or not For excepte he do the tone ellys haue I good cause in y e meane whyle in this poynte to gyue no greate credence to hym ¶ For fyrste I can scantely byleue that vppon the persons bare worde for allegacion of the coÌ„stytucyon prouyncyall his paryshen wold let hym haue it And yf there happed any man that wold yet am I sure they were so few that it were so dowble foly to lay that for any cause of diuisyon which were done bothe but by a few and also not without the parties wyll and rather of his own pryuate deuocioÌ„ thaÌ„ for any fere of coÌ„pulsioÌ„ ¶ Now if the person wold take it of hys parishon byforce I se the comen experyence therin suche that I dare boldely saye the whole paryshe wold not suffre hym And yet yf it were taken in dede neyther sholde the person enioy y e profyte nor the paryshen bere the losse but sholde at the kyngê comen lawe recouer a ryght large amendes For well ye wote his daÌ„mages sholde be tared hym not by .xii. prestes but by .xii. temporall men his costes by the kynges iudges that are no prestes neyther ¶ Now yf this man wyll saye that many of the personys haue in y e tyme of the prelates that now be lyuynge or that were lyuyng at the tyme that hym selfe wrote those wordes recouered in any of the spyrituall courtê the tythe of such woodê agaynst the statute by force of that prouinciall coÌ„stytucyoÌ„ I wyll se this man proue it ere I byleue hym in it For the dayngeour of that suit may be pâ—raduenture more than I suppose the person wyll put in perell for his tythes And also the paryshen maye soone stoppe the suit in the begynnyng by y e kyngê prohybycyoÌ„ wherby y e kyngê iudges shall se whyther the person sewe for suche tythes or not wyll not therin suffre hym to procede ¶ And therfore tyll thys good man make me better proues of this mater than hys owne bare sayenge he geueth me no cause agaynste so many lettes to the coÌ„trary therin to byleue his word But I durst wel warrauÌ„t it that if he come ones to the namyng of the partyes so that the specialtyes of the maters may be sought out and made appere you shall surely fynd it vntrewe ¶ Now than to mayntayne withall hys great word of confederacyes he bryngeth forth that some prestes say styll that those tythes mortuaryâ—s also for al the statutes be theyr dewtyes styl that they which pay them not be accursed I haue espyed thys good man is a man of sadnesse no great gamener For yf he were he wolde neuer be angry for an angry worde spoken by a man that is on the lesynge syde Hit is an olde courtesye at the cardys perdye to lette the leser haue hys wordes And in good fayth in thys mater I here no suche talkyng at all And veryly this deuyce of his to put thys for a cause of diuisyon is in my mynde a very chyldyshe thynge ¶ But thanne goeth he ferther that prestes make partycular confederacyes to mayntayne obytys prestes wages and to haue more at byryalles than they haue bene wont to haue or ellys to shewe them selfe not content that is to saye to aske more than they can gete and bycause they can not gete it shewe them selfe not content that is to wytte lowre and loke angerly and say they be not pleased Be not these hygh maters and mete for that heyghnouse name of confederacyes ¶ And yet goeth he ferther wyth an other heyghnouse confederacy that yf a preste haue a besynesse to do in some countreys other prestes wyll as it is sayde so confeder whyth hom at arbytrâ—nentes and other metynges or ellys make theym suche frendes pryuyly that the tother partye though he be of right good substaunce a haue also good ryghte yet shall he sometyme haue mych a do to obtayne yf ¶ Is not here good readers a wonderfull heyghnouse worke and well worthye y e name of confederacies of the spyrytualte that but in some countreys nor there neyther of any certayntye but as some saye some prestes in the besynesse of a nother preste wyll and yet but somtyme neyther at arbytrementes confedere wyth they re good worde to helpe forthe theyr felowe or ellys to make hym frendes Ye and thenne what a myschyefe he sheweth that enseweth therupon The tother party hath he sayth myche a do to obteyn his ryght and yet that but somtyme neyther But as for lese his ryght by they re meanes he sayeth not that any man dothe Be not these heyghnouse confederacyes thynges mete for thys man to make a boke of diuysyon for And yet as though he had very well acquyte hm selfe he knytteth yt vp wyth these wordes And these be some of the confederacyes of presâ—es that I ment of and not the gatherynge to gether of the clergye at the conuocacyons ¶ In good fayth I sawe not howe he sholde meane any other thynge nor that neyther well For the name of confederacyes taken to an euyll parte as thys man taketh yt dothe sygnyfye a metynge and gatheryng to gether and a determynacyoÌ„ of certayne euyll folke conspyrynge to gether aboute an euyll thynge to be done wyth a couenaunt and promyse by eche of theym made vnto other eche to stande wyth other therin Nowe where as at conuocacyons good men come to gether to do good and therfore he coulde not call theym confedâ—racyes as he nowe sayeth he ment not to do yet I douted somewhat whyther he so ment or not bycause the conuocacions be at the leste wise comen asseÌ„blies to gether wher of he myght hap I thought to geue a good thyng an euyl name But these maters y t he now speketh of I could not ymagyne that euer he ment to cal them confederacyes wherin he
great grounde cause euer synnys founden so profytable for preseruacyon of the fayth and proued se necessary vpon thys mannes own deuyces that without great encreace of heresyes they can not be forborne nor neuer can be chaunged but eyther to the strayghter or ellys to the wurse to come now forth and for appeasynge of dyuysyon so we fyrste a slaunder that maye make dyuysyon and than labour to chaunge those lawes vpon none other grouÌ„d but onely that an innocent may happe to take harme by meane of false iudges and than proue not any wronge done but by false some sayes onely agaynste whyche false some sayes the trouth is proued contrary bothe by iuste examynacyon before the kynges counsayle and ouer that playnely by thys one poynte also whyche no man can denye that there ys no lawe prouyded agaynste so great a cryme by whyche lawe lesse people haue in thys realme be punyshed therfore to come nowe thus as thys good man dothe and procure the chaunge of these lawes so olde so good and so necessarye and to make theym more easy wherwyth heretyques wolde war bolde whyche thynge hym selfe as you se denyeth not in the ende what is this good chrysten readers but to procure that the catholyque chrysten fayth myght fade and fall awaye ¶ And yet as for thys man hym self to tell you for conclusyon what I thynke all be yt there are as you se ryghte euyll and perylouse thynges in hys bokes wyth deuyces that wolde make heresyes encrease yet syth he professyth so playnely the catholyque chrysten faythe and by his exhortacyon also towarde the conqueste of the holy lande declareth hys mynde zelouse and â—eruent towarde yt I rather byleue though hym selfe therto saye naye that in those thynges whyche he wryteth so perylouse and so noughte some wyly shrewes begyle the good innocent man than that hym selfe in hys own mynde meane all that harme ¶ But yet for as myche as in thys poynt without syght of maÌ„nes hart we can but go by gesse who so goth by gesse may be deceyued For as hym selfe sayth a wolfe maye loke symply lapte in a shepes skynne I shall therfore trust the best and leue the trouth to god And concernynge suche euyll wrytynges syth yt must nedes be that he wrote them eyther deceyued by some shrewys or ellys but of hym selfe I can no more do for hym but hartely praye for hym thus If shrewys deceyue hym god sende theym shortely from hym If he wrote them of his own mynde thanne syth the thynges be noughte he wrote theym eyther of euyll wyl or of ouersyght If he wrote theym of malyce god geue the euyll man more grace If he wrote theym of folye god geue the good man more wytte ¶ And thus I beseche our lorde sende vs euerychone bothe the spyrytuall and the temporall to bothe wytte and grace to agre to gether in goodnes and eche to loue other and eche for other to praye and for those y â— of both partes are passed into purgatorye and there praye for vs as we praye here for theym that they and we bothe thorowe the merytes of Chrystes bytter passyon maye both wyth our own prayours and the intercessyon of all holy sayntes in heuyn auoydynge the eternall fyre of hell haue pyty powred vpon vs in the very fyre of purgatorye whyche in those two places veryly burneth soules And fynally for our fayth and good workes whych his grace workynge wyth the wylles of thoses y e wytte haue geueth eche good man here good geue vs in heuen to gyther euerlastynge glorye ¶ Prynted by w. Rastell in Fletestrete in saynte Bridys chyrch yarde the yere of our lorde 1533. Cum priuilegio The fautes escaped in the pryntynge of the fyrste part of thys boke fo pa. li. the fautes the ameÌ„demeÌ„tes iii. ii xxii in tenne shetes in .xii. shetes nor    nor in tenne in .xii. v. ii vi oloquye obloquye viii i. ii thre two x. i. x. an a ano a xii ii xii wyt to wyt into xiii ii xvi fole full xv iâ— i. appere â—â— by appere by xviii i. vii fayle whyche fayle to fal which xx ii xxi in conteyneth it conteyneth xxii i. x. that than xxv ii ii of a trew of trew xxv ii xi A And xxxiii ii xix all also xxxix i. xv wordes wordeâ— were xl ii x. yf but yf xlii ii v. pouerty and pouerte nor wold them no lesse then they haue and xliiii ii v. hycausâ— bycause xlv ii xvi iudge iudged xlv ii xviii persons prestes xlvi i. i. betwen prestes betwen other presteâ— xlvi i. vi the prestes the seculer presteâ— xlviii ii xx folke prestes â—â— ii ix therto therwyth lxi ii xxiiâ— iâ— to the is the lxvii i. vâ— no more I no more lxx i. xiv noneces no neces lxxxiii i. xvi aduowter aduowtry lxxxv i. iiii all talkynge all such talkyng lxxxv ii xiii founde fonde lxxxvi ii xii as ys lxxxvii i. iiii wolde they wolde lxxxvii ii xxxiii ther farther lxxxviii i. xxii proued prouyded ci i. xxii thys hyâ— The fautes escaped in the seconde parte fo pa. li. the fautes the ameÌ„demeÌ„tes iiii i. xix playne so playne v. ii i. certayne a certayne v. ii iiii setted setteth v. ii vi hys ground his foundacyon is thys All thys muste be in the great letter vii â—i xi vs therto vs viii i. v. Be By xxi ii xiii in hys hath in hyâ— xxvii i. vii admonicula adminicula xxviii ii iii. made is made xxxvii i. viii meaneth meaneth not xxxvii ii xii hadde it dyd it xli i. iii. it prouyded it was prouyded xlvii i. xxiii dyaloge opologye xlviii i. v. sheweth shewed xlix i. xix so to some to l. ii ix was was not lvi â— viii them then lx ii xxi proueth proue yet lxii j. v the contrary wythout some the coÌ„trary that is to wyt that he wil not trust a iuge so well thys can he not sayâ— wythoute some lxvii j. xviii felony for felony or for lxxi ij vii Almayne of Almayne lxxii j. ii Chryst with all whose Chryst with all whose lxxii ii xxi laâ—ys lanys lxxiiii ii viii But For lxxv ii xiii yf yâ— lxxviâ— ii viii than that lxxx i. xxii If he If we lxxx ii xiiii vp vppon lxxxiii ii xv xvi testyfye be testyfyed lxxxvii ii ii reason that reason xcv ii v. though thought xcviii ii xxiii an englysh englyshe ciii ii xxiiii haue any loâ—e haue loâ—e ciiii ii xi them then cxi j. xi that I and I cxi ii xxii founde fonde cxviii j. iii. doute not also dout also cxviiâ— ii xviii examynacyon excoÌ„munycacyon cxxvi j xviii xix xviii cxxxi j. x. so double double cxxxv j. xx purâ—ose purpose cxxxix ii xii be hygh be so hygh cxlvi j viii than doth than he doth cl j xv ble tably clii j. iâ—ii all thyng euyl all thynge well clii j. v. I fyrste fynysh I fynyshe â—lix j. xiii boldenesse and