cular indict

ments in

commence

The party

may be let to mainprise.

Every ordi

nary shall have com

receive heretics of the sheriffs,

who shall impannel sufficient juries.

judges and officers, in which case, after that they be acquit or delivered before the secular judges of such things, to the secular judges belonging, they shall be sent in safeguard to the said ordinaries, or to their commissaries, and to them delivered by indentures, as before, to be acquit or convict of such lollardies, errors, or heresies, as is aforesaid, after the laws of holy church, and that within the who shall not term aforesaid. Provided always that the said indictments be not take the se- taken in evidence, but for information before the spiritual judges against such persons so indicted, but that the ordinaries commence evidence, but their process against such persons indicted in the same manner as new process. though no indictment were, having no regard to such indictments. And if any be indicted of heresy, error, or lollardy, and taken by the sheriff or other officer, he shall be let to mainprize within the said ten days by good surety, for whom the said sheriffs or other officers will answer, so that the said person, or persons, which were so indicted, be ready to be delivered to the said ordinaries, or to their commissaries, before the end of the said ten days, if he may by any means for sickness. And every ordinary shall have sufficient commissaries or commissary dwelling in every county in a place notable, missaries, to so that if any such person so indicted be taken, that the said commissaries or commissary may be warned in the notable place where he dwelleth, by the sheriff or some of his officers, to come to the king's gaol in the same county, there to receive the same person so indicted by indentures as before. And that in the inquest in this case to be taken, the sheriffs and other officers, to whom it belongeth shall do to be impannelled good and sufficient persons, not suspected nor procured, that is to say, that every of them which shall be so impannelled in such inquest, have within the realm of England an hundred shillings of lands, tenements, or of rent by year, upon pain to lose to the king's use ten pounds; and they which shall be impannelled in such inquests in Wales every of them shall have to the value of forty shillings by year. And if any such person be arrested, be it by the ordinary or by the king's officers or ministers, and escape or break the prison before that he be acquit before the ordinary, the goods and chattels, which he had the day of such arrest, shall be forfeit to the king, and his lands and tenements, which he had the same day, seized also into the king's hands, the king shall have the profits thereof from the said day until he be yielded to the prison from which he escaped. And that the foresaid justices have full power to inquire of all such escapes, breaking of prison, and also of lands and tenements, goods and chattels of such persons so indicted. but the heir Provided also, that if any such person indicted do not return to the Said prison, and dieth not convict, it shall be lawful to his heirs to enter into the lands and tenements of their ancestor, without any other pursuit making to the king for this cause, and that all they which have liberties and franchises royal in England, as in the county of Chester, the county and liberty of Durham, and other like, and also all the lords which have jurisdiction and franchises royal in Wales, where the king's writs do not run, have power to execute and put in due execution these articles in all points by them or by their officers, in like manner as the justices and other the king's officers before declared should do.

Heretic breaking

prison shall forfeit his

goods, lands, &c. till he return,

may enter af

ter his death.

define what

ensnared;

25 HENRY 8, CAP. 14.-An act for punishment of heresy.-In Recital of the most humble wise lamentably sheweth unto your highness, your 2 H. 4. c. 15, foregoing st. most humble, loving, and obedient subjects, the commons of this your realm, that where the clergy of the same, in the second year of king Henry the fourth, one of your most noble progenitors, upon their suggestion did interpret and obtain by authority of the parliament holden in the said second year, that it should be lawful for every ordinary to convent, arrest, and imprison any person or persons, whom they thought defamed or suspect of heresy, and them to keep in their prisons till they were purged thereof, or abjured, or committed to lay power to be burned, after the determination of the holy church and canonical sanctions, as in an act made at the parliament holden in the said second year of king Henry the fourth, amongst other things more at large doth appear: forasmuch as the and that it said act doth not in any part thereof declare any certain cases of doth not heresy contrary to the determination of holy scripture, or the shall be he canonical sanctions therein expressed, whereby your most loving resy, and obedient subjects might be learned to eschew the dangers and pains in the said act comprised, and to abhor and detest that foul and detestable crime of heresy. And also because those words canonical sanctions, and such other like contained in the said by which the act, are so general, that unneth the most expert and best learned ignorant are man of this your realm, diligently lying in wait upon himself, can eschew and avoid the penalty and dangers of the same act and canonical sanctions, if he should be examined upon such captious interrogatories, as is and hath been accustomed to be ministered by the ordinaries of this realm in cases where they will suspect any person or persons of heresy. And over this forasmuch as it that it is not standeth not with the right order of justice nor good equity, that consistent any person should be convict, and put to the loss of his life, good that ordinaname, or goods, unless it were by due accusation and witness, or by presentment, verdict, confession, or process of outlawry: and also peril of life, by the laws of your realm, for treasons committed to the peril of your most royal majesty, upon whose surety dependeth the whole heretics, wealth of this realm, no person can nor may be put to death but by presentment, verdict, confession, or process of outlawry, as is aforesaid. Wherefore it is not reasonable, that any ordinary by any suspection conceived of his own fancy, without due accusation or presentment, should put any subject of this realm in the infamy and slander of heresy, to the peril of life, loss of name and goods. And that also there be many heresies and pains, and punishment for and that heresies declared and ordained, in and by the canonical sanctions, are declared and by the laws and ordinances made by the popes or bishops of heresy, as Rome, and by their authorities, for holding, doing, preaching or canons, speaking of things contrary to the said canonical sanctions, laws, laws merely and ordinances, which be but human, being mere repugnant and human, contrarious to the prerogative of your imperial crown, regal juris- them against diction, laws, statutes and ordinances of this your realm: by reason the laws of whereof your people of the same, observing, maintaining, defending, and due executing of your said laws, statutes and prerogative royal, by authority of that act, made in the said second year of king Henry the fourth, may be brought into slander of heresy, to their

with law,

ries should put men in

&c. by de

claring them

many things

being agains t

which are

and some of

the land,

Stat. 2 H. 4, great infamy and danger, and peril of their lives. In consideration be repealed, whereof it may please your highness, by the assent of your lords

c. 15, shall

spiritual and temporal, and commons in this present parliament assembled, and by authority of the same to annul, abrogate, frustrate, and make void the said act, made in the second year of king Henry the fourth, and every thing therein contained. And nevertheless, forasmuch as the most foul and detestable crime of heresy, should not hereafter grow and increase, but utterly be abhorred, detested, and eradicate, nor that any heretics should be favored, but that and 5 R. 2. they should have condign and sufficient punishment: and for the repress of heretics, and such erroneous opinions in time coming: be it established, ordained and enacted, by the authority of this present parliament, that the statute made in the fifth year of your noble progenitor king Richard the second, and the statute made in the second year of king Henry the fifth, concerning punishment and reformation of heretics and lollards, and every provision therein contained, not being repugnant to this act, shall be and stand in their force, strength and effect.

and 2 H. 5,

revived.

Any person having lands

shillings a

year may be

to present heresies.

II. Provided always, and be it enacted for speedy presentment to worth forty be had of heresies that such person and persons, as have in use or in possession to their own use, in fee simple, fee tail, for term of impannelled their own lives, or of any other person's life, lands, and tenements, to the clear yearly value of forty shillings, shall be impannelled, and have power and authority to inquire and present heresies. And that every presentment made by such persons, shall be as good and effectual, and be put in execution to all intents, in like manner and form, as if every the presenters had had lands and tenements, to the yearly value of a hundred shillings, according to the tenor of the said act of king Henry the fifth, any thing in the said act to the contrary thereof notwithstanding.

their leets

and certify to

Stewards in III. Provided also, and be it enacted by authority aforesaid, that may inquire sheriffs in their turns, and all other having turns, and stewards in of heretics, their leets, rapes and wapentakes, shall have power and authority to the ordinary. inquire of heretics like as they inquire of common annoyances, and that every presentment made in any turn, leet, rape, or wapentake concerning heresies, shall be certified to the ordinary, in such manner and form as presentments afore any justice assigned by the said act of king Henry the fifth, are limited and appointed by the same act to be certified: and like process shall be had, made and executed, upon every such presentment to be made in any turn, leet, rape, or wapentake, as is limited in the said act of king Henry the fifth, upon presentments taken afore the justices assigned by the same act to inquire of heresies.

and process

shall be made

as before jus

tices.

Nothing in

the statutes

IV. Provided always, and be it enacted, that no manner of licence revived, &c. or authority, or other thing or things be hereafter had or obtained shall warrant of the bishop of Rome, otherwise called the pope, to preach in any Rome. part of this realm, or to do any thing in the same contrary to the

licences from

laws and statutes of this realm, or the king's prerogative royal, upon the pains limited in the said laws and statutes of this realm: any thing contained in the preamble of the said statute of king Richard the second, or in any the statutes before rehearsed, or in any statutes of this realm to the contrary thereof notwithstanding.

accused by

brought be

convict of

V. And be it further enacted by the authority aforesaid, that every Any person person and persons being presented or indicted of any heresy, or two witnessluly accused or detected thereof by two lawful witnesses at the es, may be least, to any ordinaries of this realm, having power to examine fore the heresies, shall and may after every such accusation or presentment, ordinary, and none otherwise, nor by any other means be cited, convented, arrested, taken or apprehended by any of the said ordinaries, or any other the king's ministers and subjects whomsoever. And after they shall be so taken and apprehended, shall be committed to the ordinaries, to answer in open court, and in an open place to their such accusation and presentments. And if they shall happen to be and, being lawfully convict of the heresy, whereof they are so accused or heresy, and presented: that then they shall abjure if they will refuse and refusing to renounce their said heresies, whereof they shall be so accused or relapsing, presented as is aforesaid, and do such reasonable penance for their offences, as shall be limited by the discretion of the said ordinaries. And if they after their lawful conviction, refuse to abjure, or after abjuration fall into relapse, and be duly accused or presented, and convict thereof, as is aforesaid, that then in such cases they shall be shall be comcommitted to lay power, to be burned in open places for example of lay power, other, as hath been accustomed, the king's writ de hæretico comburendo, first had and obtained for the same.

abjure, or

mitted to the

and burnt.

The delusion of believing

it

heresy, to speak against thority and

the papal au

decrees,

VI. And where the great number of the king's subjects, having little or no learning nor knowledge of letters, have been put in opinion, that by divers laws, decrees, ordinances, and constitutions heretofore made by the bishop of Rome, called the pope, and his predecessors, or by their authorities for the advancement of their worldly glory and ambition, every man, that in anything speaketh or doth against the said pretended power, or authority of the same bishop of Rome, or any the said laws, decrees, ordinances, and constitutions, standeth in danger, and is impeachable of heresy: which effect or matter, nor any such laws, decrees, ordinances or constitutions, not approved and confirmed by holy scripture, was never commonly accepted or confirmed to be any law of God or man within this realm. Wherefore be it enacted and ordained by authority of this present parliament, that no manner speaking, doing, communication, or holding against the said bishop of Rome, or his pretended power or authority, made or given by human laws or policies, and not by holy scripture: nor any speaking, doing, communication or for which no holding against any laws, called spiritual laws, made by authority of be impeachthe see of Rome, by the policy of men, which be repugnant or contrary to the laws and statutes of this realm or the king's prerogative royal, shall be deemed, reputed, accepted, or taken to be heresy. Nor that any subject or residant of this realm shall be for any such speaking, doing, communication, or holding, impeached, vexed, or troubled for any point or matter of the said detestable crime of heresy; any whatsoever canon, laws, decrees, ordinances, constitutions, or other thing heretofore made, or being, or hereafter to be made, to the contrary thereof notwithstanding.

person shall

ed of heresy.

accused of

VII. Provided alway, that such person and persons, as shall persons happen to be accused, presented, or indicted of heresy, as is afore heresy may limited by this act, shall and may be letten to bail by the ordinaries be bailed,

by their discretions, or else in their default, if they refuse so to do, then by the discretion of two justices of peace of that shire, where such persons so accused or presented, shall inhabit, by four sufficient sureties to be bounden to the king's use by obligations or recognizance, to appear before the ordinaries at such days, times and places, as shall be limited in the said bonds by the said ordinaries, or in their defaults by the said two justices; except the ordinary can and shew reason- do declare unto the king's highness, and to his council, a reasonable able cause to cause, that the said person or persons so accused or presented of heresy, should not be let to bail, as is afore limited.

unless the ordinary

king and

council.

Reviver of the three statutes

Concerning heresy.

5 R. 2.

2 H. 5.

31 HENRY 8, CAP. 14.-An act for abolishing of diversity of opinions in certain articles concerning christian religion.-See TitleARTICLES OF RELIGION," vol. i. p. 161.

66

34 & 35 HENRY 8, CAP. 1, SEC. 19.-An act for the advancement of the true religion, and for the abolishment of the contrary.—See Title " ARTICLES OF RELIGION," vol. i. p. 176.

1 EDWARD 6, CAP. 12, SEC. 3.-An act for the repeal of certain statutes concerning treasons and felonies.-See Title-" ARTICLES OF RELIGION," vol. i. p. 179.

1 & 2 PHILIP & MARY, CAP. 6.—An act for the reviving of three statutes made for the punishment of heresies.-For the eschewing and avoiding of errors and heresies, which of late have risen and grown and much increased within this realm, for that the ordinaries have wanted authority to proceed against those that were infected there2 H. 4, and with. Be it therefore ordained and enacted by the authority of this present parliament, that the statute made in the fifth year of the reign of king Richard the second, concerning the arresting and apprehension of erroneous and heretical preachers, and one other statute, made in the second year of the reign of king Henry the fourth, concerning repressing of heresies, and punishment of heretics, and also one other statute made in the second year of the reign of king Henry the fifth, concerning the suppression of heresy and lollardy, and every article, branch and sentence contained in the same three several acts, and every of them, shall from the twentieth day of January next coming be revived, and be in full force, strength and effect, to all intents, constructions and purposes, for ever.

1 ELIZABETH, CAP. 1, SECS. 15, 18, 35, 36.—An act to restore to the crown the ancient jurisdiction over the estate ecclesiastical and spiritual, and abolishing all foreign powers repugnant to the same.See Title "APPEALS TO THE SEE OF ROME," vol. i. p. 146. 29 CHARLES 2, CAP. 9.-An act for taking away the writ de hæretico comburendo.-See Title-" WRITS."

SPACE LEFT

FOR REFERENCE, IF NECESSARY,

TO ACTS OF PARLIAMENT PASSED SUBSEQUENT TO A. D. 1844.