Neal - Houston-Packer Collection BX9333 .N4 1754 v1

Chap. I. The HISTORY of the PURITANS. 5 In the 5th year of Richard II. it was enacted, " That all that preached roe 2. " without licence againft the catholick faith, or againft the laws of the p 5 " land fhould be arrefled, and kept in prifon, till they juftified them- 13$2. " felves according to the law and reafon of holy church. Their, commit- " ment was to be by writ from the chancellor, who was to iffue forth " commiffions to the fheriffs, and other the king's miniflers, after the " bithops had returned the names of the delinquents into the court of " chancery." te Statu When Richard 11. was depofed, and the crown ufurped by Henry IV. Statu 4.'. in order to gain the good will of the clergy, it was further ena'ted, in cap. 4. the fecond year of his reign, " That if any perfons were fufpefted of 1400. " herefy, the Ordinary might detain them in prifon till they were cano " nically purged, or did abjure their errors; provided always, That the " proceedings againft them were publickly and judicially ended within " three months. If they were convicted, the diocefan, or his com- " miffary, might imprifon and fine them at difcretion. Thofe that re- " fufed to abjure their errors, or after abjuration relapfed, were to be " delivered over to the fecular power, and the mayor, therifls, or bailiffs, " were to be prefent, (if required) when the bifhop, or his commiffa- " ry paffed fentence, and after fentence they were to receive them, and " in fome high place burn them to death before the people." By this law the king's fubjects were put from under his protection, and left to the mercy of the bithops in their fpiritual courts, and might, upon fufpicion of herefy, be imprifoned and put to death, without prefentrnent, or trial by a jury, as is the practice in all other criminal cafes. In the beginning of the reign of Henry V. who was a martial prince, Statute a new law paffed againft the Lol/ards, or Wickljffites, " That they fhould Henry 5. " forfeit all the lands they had in fee fimple, and all their goods and 1414. " chattels to the king. All Elate officers, at their entrance into office, " were fworn to ufe their belt endeavours to difcover them; and to af- " f u the Ordinariesin profecuting and conviEting them." I find no men- tion in any of thefe acts, of a writ or warrant from the king, dehecreti- co comburendo; the fheriff might proceed to the burning of heretics with- out it ; till it feems the king's learned council advifed him to iffue out a writ of this kind to the Sheriff, by which his majefty took them, in Tome fort, under his prote&ion again ; but it was not as yet neceffary by law, nor are there any of them to be found in the rolls, before the reign of King Henry VIII. By virtue of thefe ftatutes, the clergy according to the genius of, the popifh religion, exercifed numberlefs cruelties upon the people. If any man denied them any degree of refpect, or any of thofe profits they pre- tended was their due, he was immediately fufpefted of herefy, imprifoned, and

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