Page:The Acts and Monuments of John Foxe Volume 3.djvu/592

 according to the quality of the person, by the arbitrement of such a judge, show and declare his proper and own innocency with devotion; as beseemeth in that behalf. And if, in his purgation, being canonically interdicted, he do fail, or be not able canonically to make his purgation, or refuse to take his oath by damnable obstinacy to make such purgation; then let him be condemned as a heretic. But such as through negligence or through slothfulness shall omit to show their said innocency, and to make such purgation, let them be excommunicated, and so long be put out from the company of christian men, till that they shall make condign satisfaction; so that if, by the space of one whole year, they shall remain in such excommunication, then let them, as heretics, be condemned.

And further, if any shall be found culpable in any point of the aforesaid pestiferous doctrine of the arch-heretics aforesaid, or in any article thereof, whether it be by the report of the seditious, or else well-disposed ; let them yet be punished according to the canons. If only, through infamy and suspicion of the aforesaid articles, or any of them, any man shall be found suspected, and in his purgation canonical for this thing, being interdicted, shall fail; let him be accounted as a man convicted; and, as a convicted person, by the canons let him be punished.

And furthermore, we, invocating and putting in execution the canon of our predecessor of happy memory, pope Boniface VIII., which beginneth thus, 'Ut inquisitionis negotium,' &c., in exhorting-wise require, and also command, all temporal potentates, lords, and judges before recited, by whatsoever dignities, offices, and names they are known, that, as they desire to be had, esteemed, and counted for the faithful members and children of the church, and do rejoice in the name of Christ, so in likewise, for defence of the same faith, they will obey, intend, and give their aid and favourable help to you that are archbishops, bishops, and ecclesiastical men, inquisitors of all heretical pravity, and other judges and ecclesiastical persons by you hereunto, as aforesaid, appointed (holding the faith and communion of our holy mother the church) for the searching out, taking, and safe custody of all the aforesaid heretics, their believers, their favourers, their receivers, and their defenders, whensoever they shall be thereunto of them required.

And that they bring, and cause to be brought (all delay set apart), the aforesaid pestiferous persons so seeking to destroy others with them, into such safe keeping and prisons, as by you the archbishops, bishops, clergy, and inquisitors aforesaid, are to be appointed; or else unto such other place or places, as either you or they shall command within any of their dominions, governments, and rectories, where they, by catholic men, that is, by you the archbishops, bishops, the clergy and inquisitors, or any others that shall be by you appointed, or are already appointed by any of you, may be holden and kept in safe keeping; putting them in fetters, shackles, bolts, and manacles of iron, under most straight custody for escaping away, till such time as all that business, which belongeth unto them, be, by the judgment of the church, finished and determined, and that of such heresy, by a competent ecclesiastical judge (who firmly holdeth the faith and commimion of the aforesaid holy church of Rome) they be condemned.

The residue let the aforesaid temporal lords, rectors, judges, or other their officers and pursuivants take amongst them, with condign deaths, without any delay to punish. But fearing lest, to the prejudice and slander of the aforesaid catholic faith and religion, through the pretext of ignorance, any man herein should be circumvented, or that any subtle and crafty men should, under the veil of frivolous excuse, cloak and dissemble in this matter; and that as touching the convincing or apprehending of the aforesaid heretics, their receivers and defenders, favourers, believers and adherents; and also of such as are suspected of heresy, and with such like perverse doctrine in any wise spotted, we might give more perfect instruction: therefore, as well to the kingdom of Bohemia, and parts near adjoining to the same, as all others where this superstitious doctrine first began to spread, we have thought it good to send the articles hereunder