Page:The Acts and Monuments of John Foxe Volume 3.djvu/147



judgment, after that it was reported unto us, how the aforesaid William was personally taken and lawfully cited, caused the same William then and there openly in judgment to be called out, to do, hear, and receive such things, whereto he was afore cited, and to do otherwise that wliicl justice should persuade. And the said Willam appeared neither by himself, nor by proctor; but only by a servant, whose name we know not, he sent unto us a certain schedule of paper, made like an indenture, to excuse him. After which schedule, seen, read, and with right deliberation weighed, and, in any wise notwithstanding, we adjudged the said William (after he was often called, and long, even to the due hour tarried for, and by no means appearing), worthily, for his obstinacy and for his stubbornness we assigned unto him the twenty-ninth day of July, in the church of Ponsley, to appear before us with the aforesaid safeguard, to answer more fully to such articles, and otherwise to hear, receive, and do, as before is noted.

On Saturday the twenty-ninth of July, and in the year of the Lord aforesaid, we, John, by God's permission the fore-remembered bishop, in the church of Pontesbury, of our diocese, at six of the clock or thereabout, sitting in judgment; made the said William of Swinderby to be openly called, that (as was to him appointed and assigned) he should appear before us, to answer to the aforesaid articles more fully, and to declare the said articles, as the darkness of his answers did worthily require. And because the said William, being called, and long, for a due time looked for, did make no means to appear, we pronounced him to be obstinate, and for his obstinateness (to overcome his malice, and of our exceeding favour) thought good to appoint, and did appoint the eighth of August, then next following, at Cleobury Mortemere of the same our diocese, unto the said William for the same thing.

On Tuesday the eighth of August, the year aforesaid, I, John, by God's permission bishop of Hereford aforesaid, in the church of Cleobury Mortemere, about six of the clock, sitting in judgment, caused the aforesaid William Swinderby to be called many times openly, to do and receive about the premises, according to the appointment of the same day what justice should advise; which William did not appear at all. Whereupon, we, after that the said William was called, and often proclaimed, and long looked for, but not appearing at all, did judge him worthily (as of right appertained) obstinate; and, for his obstinateness, assigned him the sixteenth day of the same month of August next following, in the parish church of Whitborne of the same our diocese, to bring forth, or to see brought forth, all laws, muniments, and other kinds of proofs; and to see also witnesses brought forth, admitted, and sworn, by whom and which things we intend to prove the aforesaid articles, or at leastwise some of the same.

On Wednesday the sixteenth day of the month of August, the year aforesaid, we John, the bishop, in the parish church of Whitborne aforesaid of our diocese, sitting in judgment, caused the said William Swinderby oftentimes to be called, who, as is aforesaid, appeared not at all; whom, after that he was so called, proclaimed, and long looked for, and yet by no means appearing, we pronounced to be obstinate. We received also, by certain faithful Christians and zealous men for the catholic faith, of our diocese, a certain process made and had at another time against the same William, before the reverend father in God and lord, lord John, by the grace of God bishop of Lincoln, confirmed by the hanging on of the seal of the same reverend father, the lord bishop of Lincoln. And these faithful Christians, moreover, against the obstinateness of the said William