all gladly do our duty from henceforth. If
any man hath been, under pretence of this [crime], particularly offended,
it were pity to suffer any man to be wronged; and thus it ought to be, and
otherwise we cannot answer, no man's special case being declared in the
said petition.
"Item where they say further that they so appearing ex officio, be
condemned to answer to many subtle questions by the which a simple,
unlearned, or else a well-witted layman without learning sometimes is, and
commonly may be trapped and induced into peril of open penance to their
shame, or else [forced] to redeem their penance for money, as is commonly
used; to this we answer that we should not use subtlety, for we should do
all things plainly and openly; and if we do otherwise, we do amiss. We
ought not to ask questions, but after the capacities of the man. Christ
hath defended his true doctrine and faith in his Catholic church from all
subtlety, and so preserved good men in the same, as they have not (blessed
be God) been vexed, inquieted, or troubled in Christ's church. Thereupon
evil men fall in danger by their own subtlety; we protest afore God we have
neither known, read, nor heard of any one man damaged or prejudiced by
spiritual jurisdiction in this behalf, neither in this realm nor any other,
but only by his own deserts. Such is the goodness of God in maintaining the
cause of his Catholic faith.
"Item where they say they be compelled to do open penance, or else redeem
the same for money; as for penance, we answer it consisteth in the arbitre
of a judge who ought to enjoin such penance as might profit for correction
of the fault. Whereupon we disallow that judge's doing who taketh money for
penance for lucre or advantage, not regarding the reformation of sin as he
ought to do. But when open penance may sometimes work in certain persons
more hurt than good, it is commendable and allowable in that case to punish
by the purse, and preserve the fame of the party; foreseeing always the
money be converted _in usus pios et eleemosynam_, and thus we think of the
thing, and that the offenders should be punished.
"Item where they complain that two witnesses be admitted, be they never so
defamed, of little truth or credence, adversaries or enemies to the
parties; yet in many cases they be allowed by the discretion of the
ordinaries to put the party defamed, ex officio, to open penance, and then
to redemption for money; so that every of your sub
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